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HomeMy WebLinkAbout1985-05-30COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127, FOUNTAIN VALLEY, CALIFORNIA 92728-8127 10844 ELLIS AVENUE (EUCLID OFF-RAMP. SAN DIEGO FREEWAY) May 22, 1985 NOTICE OF ADJOURNED REGULAR MEETING DISTRICT NO. 13 THURSDAY, MAY 30, 1985 -7:30 P.M. YORBA LINDA CITY HALL COUNCIL CHAMBERS 4999 CASA LOMA AVENUE YORBA LINDA, CALIFORNIA TELEPHONES: AREA CODE 714 540-2910 962-2411 Pursuant to adjournment of the regular meeting of May 8, 1985, the Board of Directors of County Sanitation District No. 13 will meet in an adjourned regular meeting at the above hour and date for a public hearing on the Sewer Service Report for 1985-86 and proposal to collect the annual charges on the 1985-86 property tax bills pursuant to Ordinance No. 1301 adopted January 9, 1985. Secretary i~. l, ~ BOARDS OF DIRECTORS 11 II County Sanitation Districts of Orange County, California (1) Roll call DISTRICT No. 13 ADJOURNED REGULAR MEETING THURSDAY' MAY· 30, 1985 -7•: 30 p IM. YORBA LINDA CITY HALL COUNCIL CHAMBERS 4999 CASA LOMA ·.AVENUE YORBA LINDA, CALIFORNIA Post Office Box 8127 10844 Ellis Avenue Fountain Valley, Calif., 92708 Telephones: Area Code 714 540-2910 962-2411 AGENDA (2) Public hearing on Sewer Service Charge Report for 1985-86 and proposal to collect the annual charges on the 1985-86 property tax bills pursuant to Ordinance No. 1301, passed and adopted at a regular Board meeting held January 9, 1985: (a) Open hearing (b) Staff report on proposed use of the County of Orange property tax rolls for billing and collection of the annual sewer service charge (c) Receive and file written comments, if any (d) Oral public comment (e) Staff/Board response to oral comments (f) ·Close hearing (3) Consideration of motion to adopt a finding that a majority of the owners of property, wh.ich is the subject of the Sewer Service Charge Report, have not protested (4) Consideration of motion to receive, file and consider adoption of County Sanitation District No. 13 Sewer Service Charge Report for Fiscal Roll Call Vote or ~ar 1985-86. · See page "A" Unanimbus Ballot (5) Consideration of Resolution No. 85-81-13, directing the County Auditor-Controller to include sewer service charges on 1985-86 property tax bills for collection, pursuant to Ordinance No. 1301 of County Sanitation District No. 13 of Orange County. See page "B" '...,I (6) Other business and communications, if any (7) Consideration of motion to adjourn May 22, 1985 "-"CouNTY SANITATION DISTRICT NO. 13 COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA P.O. BOX 8127 FOUNTAIN VALLEY, CALIFORNIA 92728-8127 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708-7018 SEWER SERVICE CHARGE REPORT FOR FISCAL YEAR 1985-86 (7141540-2910 (7141962-2411 This report is prepared pursuant to the requirements of California Health and Safety Code Section 5473. County Sanitation District No. 13 is responsible for the collection, treatment and disposal of wastewater generated within its boundaries. These services are essential to the protection of the health and safety of the public served by the system. District No. 13 receives no revenues from ad valorem taxes on real property, and expects no tax revenue in the future. Therefore, a sewer service charge has been adopted by the District to provide for 100% of the District's operations and maintenance revenues in the upcoming fiscal year. The Board of Directors of County Sanitation District No. 13 proposes consideration of a resolution authorizing billing and collection of the $70 annual sewer service charge set forth in Section 703 of Ordinance No. 1301, An Ordinance of the Board of Directors of County Sanitation District No. 13 of Orange County, California, Establishing Regulations for the Use of District Sewerage Facilities, on the 1985-86 County of Orange property tax rolls. The purpose of this charge is to pay for sanitary sewer services provided by the District to be charged to the respective parcels of improved property within the territorial jurisdiction of the District. This report contains a description of each parcel of real property that will receive the services of the District and have access to utilization of the facilities, said parcels of real property being described by reference ~o maps prepared in accordance with Section 327 of the California Revenue and Taxation Code and on file in the office of the County Assessor, which maps are hereby incorporated herein by reference. Ordinance No. 1301, which was approved by the governing Board of Directors of the District on January 9, 1985, established the annual fee to provide revenues that shall be used only for the acquisition, construction, reconstruction, maintenance, operation and rehabilitation of sanitary sewer facilities, and shall not be used for the acquisition, construction or maintenance of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers provided by the District. The approved sewer service charge for fiscal year 1985-86 to be assessed against each user of the District's sewerage system is defined in Section 703 of Ordinance No. 1301, and is set forth in Table A, attached hereto. The 1985-86 charge for each parcel based on the last equalized assessment roll is on file in the office of the Secretary of the Di strict. If the proposed resolution is adopted, the Board of Directors will direct the County Auditor-Controller to have such charges for the forthcoming fiscal year collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the District and the County of Orange. At the time and place stated in the notice setting the public hearing on this report, the governing Board of Directors shall hear and consider all objections or protests, if any, to said report referred to in said notice, and may continue the hearing from time to + . .. 1me. '..I William H. Butler, Director of Finance "A-1" AGENDA ITEM #4 "A-1". TABLE A COUNTY SANITATION DISTRICT NO. 13 1985-86 SEWER SERVICE CHARGES The following excerpted Section of Ordinance.No. 1301 presents the current annual sewer service charge for County Sanitation District No. 13: 703. ANNUAL SANITARY SEWER USE CHARGE "A-2" A. Each parcel of real property located within the District which is improv.ed with structures designed for residential, commercial, or industrial use, and connected to the District's system, shall pay a sanitary sewer use charge in the amount of $70.00 per year. B. The sanitary use charge for the period commencing with the effective date of this Ordinance·and ending June 30, 1985, shall be $35.00. · AGENDA ITEM #4 .~. RESOLUTION NO. 85-81-13 AUTHORIZING THE COLLECTION OF SEWER SERVICE CHARGES ON THE PROPERTY TAX ROLLS A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 13 OF ORANGE COUNTY, CALIFORNIA, AUTHORIZING THE COLLECTION.OF SEWER SERVICE CHARGES ON THE PROPERTY TAX ROLLS FOR FISCAL YEAR 1985-86 * * * * * * * * * WHEREAS, District Ordinance No. 1301 establishes a schedule of sanitary sewer service for all properties connected to the District system; and, WHEREAS, California Health & Safety Code Section 5473 authorizes the District to elect to have the sewer service charges for the forthcoming fiscal year collected on the tax roll with the general taxes. NOW, THEREFORE, the Board of Di rectors of County Sani ta ti on District No. 13 of Orange County; California, DOES HEREBY RESOLVE, DETERMINE AND ORDER: S e ~1 i o n l_: P u r s u a n t t o th e a u th o r i t y of Ca 1 if or n i a H e a 1 th & Safety Coae Section 5473, the Board of Directors elects to have those certain sewer service charges established by Ordinance No. 130~ collected on the County prop~rty tax rolls. Section 2: The Orange County Assessor, Orange County Tax Collector and Orange County Auditor are directed to take all necessary actions to have the charges for Fiscal Year 1985-86 collected on the tax roll in the same manner, by the same person, and at the same time as, together with and not separately from, its general taxes. Section~: The Secretary shall certify to the adoption of "B-1" AGENDA ITEM #5 "B-1" this Resolution and shall cause the same to be published in a newspaper of general circulation in the District as required by law. This Resolution shall become effective immediately upon its adoption by a vote of two-thirds of the members of the Board of Directors. PASSED AND ADOPTED at a special meeting of the Board of Directors held this 30th day of May, 1985. TLW :pj ( 27) 05/21/85 "B-2" AGENDA ITEM #5 "B-2'' • J.11 ~ lAANAGER'S AGENDA REPORT County Sanitation Districts Post Offi ce Box 8 12 7 l 0844 Ell is Avenue Fountain Vol ley, Cali f., 9 2708 Te leprcnes : II of Orange County, California DISTRICT NO. 13 DISTRICT NO. 13 MANAGER 1 S REPORT TO DISTRICT NO. 13 DIRECTORS MEETING DATE: MAY 30, 1985 -7:30 P.M. Areo Code 71 4 540-2910 962-2411 Public Hearing on 1985-86 Sewer Service Charge Report and proposal t o collect the annual charges on the County of Orange 1985-86 property tax bi l ls. California Health and Safety Code Section 5473.1 requires that a Di strict considering collection of its annual sewer service charges on t he pr operty t ax rolls must hold a public hearing to consider any objections or protests to t he proposed collection method. It is not a hearing on the fee itse lf as that has previously been fixed by Ordinance No. 1301 of the Board. Thi s pub l ic hearing is one of the final steps to be taken by District No. 13 in establish i ng a long-range financing program to fund its ongoing operations and maintenance costs. Background. The Directors will recall that formation of District No. 13 was pursuant to the negotiated agreement between the Districts• Boards and the Board of Supervisors relative to tax exchanges for annexing properties. The primary purpose for formation of the District was to generate user fee financing for sewerage services to this previously uninhabited porti on of the c ounty as the District will not receive any share of the property taxes. On July 11, 1984, the Boards approved the Engineer 1 s Cou nty Sanitation District No. 13 Formation Report, which described the facilities necessary to serve the proposed District and identified the costs associated with purchasing capacity in existing trunk sewer facilities owned by other existing Sanitation Districts. The Boards then held a public hearing on the Draft Focused Environmental Impact Report re formation of proposed District No. 13 on August 8, 1984, and directed the staff and the EIR consultant to prepare the Final Focused EIR re formation of the District, which was certified by the Boards on October 10, 1984. Following an active public information campaign and issuance of notices to all property owners within the proposed District, the Local Agency For mation Commission (LAFCO) held a public hearing on November 7, 1984 to consi der establishment of the proposed District. LAFCO approved the proposed District and recommended that the Board of Supervisors also approve establishment of the District. -1- May 30, 1985 The Board of Supervisors then approved establishment of County Sanitation District No . 13 effective January 1, 1985 . At its first meeti ng on January 9, 1985, the Board of Directors adopted Ordinance No. 1301, which estab l ished regulations for the use of District sewerage facilities and set forth an annual sewer use fee of $70.00 (reducing the fee from $140 .00 which had pre viously been set to serve the properties because they were outside of their existing Districts) for all improved properties within the District . Throughout the process of estab l ishment of the District, staff has routinely communicat ed with property owners in the proposed Di strict to outline the purpose and financial requirements of the proposed District. Staff also prepared letters dated October 1, 1984 and March 7, 1985, which accompanied user fee invoices sent to homeowners by the District to keep them informed of the progress of establishment of the District and explain t he District's r eas ons f or proposing collection of the annual sewer service fee via the property tax b ill . Attached are copies of these communications . Also attached is a copy of the Notice of Public Hearing mailed to all property owners in the District on Ma y 16th, which outlines the proposed sewer· use fee collection meth od a nd requests that any property owners having questions regarding the proposed method c on t ac t the staff to discuss their questions. Staff will present an oral report at the hearing briefl y outlining the background of the District, and will also address the reasons f or adopting the proposed bil l ing and collection method. Since there are no co mmercia l or industrial facilities l ocated in the District at this time, nor are any are as within the District present l y zoned commercial or industria l , staff expec t s t ha t questions regarding the program will arise only from either existing ho meowners or owners of vaca nt parcels which do not receive sewer ser~ice at this time. We have received a few phone calls regarding the hearing as of Wednesday, May 22, 1985, and will elaborate on the comments of these property owners to the Board during the staff report. The items appearing on the agenda are the actions required to commence collecting the District's annual user fee on the property ta x bill beginning in 1985-86. !I COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA T ELE PH O N E S : AREA C O D E 7 14 540-2 910 962 -2 4 1 1 11 P. 0 . BOX 8127. FOUN TAIN VALLEY. CALI FORNIA 92728-8127 1084 4 ELLIS AVEN U E !EUCLID OFF-RAM P. SAN DIEGO FREEWAY) October 1, 1984 SUBJECT: Us er Charges for the Collection, Treatment and Disposal of Sewage Dear Property Owner: Attached is your first monthly invoice in the amount of $11 .67 for the collection, treatment and disposal of sewage from y our property by County Sanitation District No. 2 . The County Sanitation Districts of Orange County provide regional sewage collection and operate sewage treatment and disposal f a cilities. Your property is not within a Sanitation Distr ict, but you are presently rece iving sewage services from District No . 2. Historically, the Sanitation Districts have provided sewage collection, transmission, treatment and disposal services f r om funds received from property taxes. Subsequent to the enactment of the 1978 tax initiative, the Sanitation Districts no l o nger recei ve any share of property taxes generated from annexing property, including your property. For your information, the Districts are in the process of f orming a new Sanitation District, to be called County Sanitation District No . 13 (CSD No . 13), which will continue to p r ov ide sewage collection and treatment services for your propert y . The sewerage facilities required to serve your property h a v e already been constructed by other Sanitation Districts and CSD No . 13 will purchase collect i on, treatment and disposal capaciti e s from these other Districts, and will also sha£e in the costs of operating and maintaining these facilities . Proposed CSD No. 13 is being formed in accordance with an agreement between the Sanitation Districts and the County of Orange which provides that the Districts will fund sewage collection, transmission, treatment and disposal services via user charges. Formation of proposed CSD No . 13 will p rovide the necessar y funding authority to collect, tre~t and dispose of sewage from properties such as yo urs which presently provide no tax r ev enue Property Owner October 1, 1984 Page two COUNTY SANITAT ION DI STRICT S of ORANGE COUNTY . CALIF ORNIA PO. BOX 8127 FOU NTAIN VALLE Y. CALIFORNIA 92728-8127 10844 ELLIS AVENUE FOUNTAIN VALLEY. CALIFORNIA 92708-701 8 171 4 ) 54 0-2910 171 4) 962-2411 to the Districts y et are presently receiving Districts' serv ices. It is antic i pated by s t aff that the formation of CSD No . 13 wil l result in lower user fees than providing the services through County Sanitation District No. 2 . If you have any questions regarding this invoice or the proposed formation of County Sanitation District No. 13, please call the Sanitation Districts at 714 /540 -2910, extension 205. TMD /jb TMD:lll /District No . 2, 13 Thomas M. Dawes Deputy Chief Engineer COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA P. 0 . BOX 8127. FOUNTAI N VA LLEY. CALIFOR NI A 92728-8127 1084 4 ELLIS AV ENUE !EUCLID OFF-RAM P. SAN DI EGO FREEWAY) March 7, 1985 To: Property OWners in County Sanitation District No. 13 TELE PHONES: ARE,;_ CO DE 714 "540 -2910 962 -24 11 Subject: Final User Charge Billing for Fiscal Year 1984-85 for Sewer Service You are one of several hundred property owners whose dwellings are presently receiving service from newly formed County Sanitation District No. 13. The purpose of this letter is to provide you with additional information regarding present and future billings and payment requirements for sewer services provided to your area. BACKGROUND Those of you who purchased your property prior to formation of this new district in January of this year signed a document entitled NOTICE TO OWNERS /OCCUPA.1..~TS whereby the County Sanitation Districts advised you that y ou would be charged a user fee to cover the costs of sewage treatment· services provided by the Districts to your dwelling. You have previously received monthly user fee billings of $11.67 ($140 per year) to pay for the costs of providing these services to your dwelling, which prior to January, 1985 was not located within County Sanitation District boundaries. Following the completion and approval of required engineering and environmental impact reports, the Orange County Local Agency Formation Commission (LAFCO) recently authorized formation of County Sanitation District No. 13, which is now responsible for providing wastewater treatment services to your property. PRESENT BILLING On January 9, 1985, the Board of Directors of this new District established an annual user fee of $5.84 per month ($70 per year) to pay for the operations and maintenance costs of the sewerage treatment and disposal facilities owned and operated by the District. This is a 50% reduction of the fee that you were charged prior to the formation of District No. 13. The $35 billing which accompanies this letter is for the period from January 1 through June 30, 1985. This is the only billing you will receive for our services during this period. You may pay this bill in any one of the following ways: mail a check for the entire amount pay in four installments of $8.75 each pay two quarterly installments of $17.50 each •. Final User Charge Billing for Fiscal Year 1984-85 Page Two March 7, 1985 The purpose of providing you with several options for payment i s to allow you to choose the payment method most convenient to you. The District has issued a single bill because it offers both you and the District an· opportunity to save money. By paying this bill in full-y ou can avoid the cost of additional postage at $.22 per letter, and we've also reduced our administrative and postage costs by sending you only one bill~ Please mail your payment to the following address: County Sanitation District No. 13 P. O. Box 8127 Fountain Valley, California 92728-8127 FUTURE BILLINGS AND PAYMENTS The m:::>st efficient way for us to bill you for sewer service is on your property tax bills. District No . 13 is proposing to use this billing and payment method beginning on July 1, 1985, as it will save the Dis~r ict pos t age, handli ng and considerable administrative costs. To employ this JlK)re cost-effective method, state law requires the District _ to hold a public hearing on this way of billing. In the next few months, you will be receiving a notice of the public hearing on the use of the County tax roll for billing for District services. Should you have any questions regarding this billing or the proposed new billing method, please call the District at (714) 540-2910, extension 205. May 1, 1985 NOTICE OF PUBLIC HEARING COUNTY SANITATION DISTRICTS of ORANGE COUNTY. CALIFORNIA P.O. BOX 8127 FOUNTAIN VALLEY. CALIFORNIA 92728-8127 '10844 ELLIS AVF.NUE FOUNTAIN VALLEY. CALIFORNIA 92708-7018 (714) 540-2910 (714) 962-2411 Notice is hereby given pursuant to Caiifornia Health and Safety . Code Section.5473.1 of a public hearing to be heid by County Sanitation District No. 13 of Ozrange County, California at 7:30 p.m. on Thursday, May 30, 1985, in the Council Chamoers at Yorba Linda City Hall, 4999 Casa Loma Avenue, Yorba Linda, California. Said hearing is to be held for the purpose of reviewing written reports pertaining to the providing of sewer se~vice for all properties within County Sanitation District No. 13, and to consider· public comments regarding use of the County of Orange property tax roll for billing of District wastewater collection, treatment and disposal services for the fiscal year commencing July 1, 1985. Your property receives sewerage services from County Sanitation District No. 13. District No. 13 presently sends periodic bills and receives direct payments· from customers owning properties connected to the sewer system within the District. Use of our present billing method resuits in higher stationary, postage and labor costs for processing which we must pass on to our · customers. The District is proposing to change the billing system and collect the annuaI sewer service fee as part of the County of Oirange property tax bill. This is a more cost-effective method for billing and collection of payments and will help keep our cost of services down. DISTRICT BACKGROUND Following more than two years of thorough study and detailed analysis, including preparation and approvar of both a comprehensive engineering r·eport and an environmental impact report (EIRJ, County Sanitation D~strict No~ 13 was formed effective January 1, 1985, to provide sewerage services to the previously uninhabited, but rapidly developing areas in northeastern Orange County (see attached map). AlI existing property owners within the boundaries of the proposed pistrict were notified of the proposed formation of the District, and commencing in the summer of 1984, alI prospective home buyers purchasing dwellings in the proposed District w~re required to sign a separate document during escrow acknowredging the sewer . use fees. -1- Prior to formation of Distiict No. 13, alI properties in this '....,./ area connected to the sewer system were outside the boundaries of the sanitation districts and we~e reqtiired to pay an annual charge of $140 to the existing joint Sanitation Districts for use of their wastewater collection, tDeatment and disposal facilities. On January 9, 1985, the Board of Directors of the newly formed County Sanitation District No. 13 adopted a sewer use fee ordinance which .~educed the annual fee from $140 to $70 per yea~ ·for these.properties. In mid-Feb~uary of this year, all owners of improved properties which we~e connected to the sewer received a biII from County ~a~itation District No. 13 for $35.00 to pay for the District's costs of providing sewer service from January 1 to June 30, 1985. ALTERNATIVE BILLING AND COLLECTION METHOD Every property owner within the County receives an annual property tax bil! each October from the County Tax Collector. California Heaith and Safety Code Section 5473 allows the District to piace our sewer use fee on this bill as a separate line-item, and allows you the convenience of inciuding your payment for our·services with your property tax payments. Use of this more cost-effective arternative method would aliow the District to save the costs of producing, mailing and handiing ~ separate bills f.oJI d.ir1ect payments and arso saves you the cost of postage to mail in your· periodic payments to us. Theref-ar1e, effective with the billing year beginning Juiy 1, 1985, the Board of Di~ectors of District No. 13 is proposing to change the billing method to herp keep the cost of service down. The above noticed pubiic hearing.is to consider the proposar to coliect the annuar sewer use fee on the property tax biII.instead of the present system of biIIing you periodically throughout the year. Shouid you have any questions .~egarding County Sariitation District No. 13, its existing sewer use fee biIIing and collection methods, or the proposed method to be discussed at the pubiic hearing on May 30, prease caII the Districts' administrative offices at .C714}· 540-2910, ask fo~ extension 5, and we will be happy to answer you~ .questions. -2- • •• •• r-.r._. LOS AllGELES Annex. No. Development ~ Shappell Ind.& Upper K Ranch @ Broadmoor Homes @ Wert in Develop. ® Bryant Ranch @ N. Orange Comm. Co 11 ege Di st. ® Lusk & Co. @ Mark II I Homes -·-·-··-· @ Rancho Santiago Comm. College Dist. @ Anaheim Hi 11 s --·-· ·-------·--- BOUNDARY MAP Lh COUNTY -.. / NO SCALE HOT SPRINGS IN DISTRICT NO. 13 OLINDA VILLAGE MOBILE HOME PARK IN DISTRICT NO. 13 '.,~···. ' -. -"' --i=----~ I >_~-~-· ......... -~ .. ... -' 1, ' I .I'_.--:,.' I • ., I ~ ........ --- I .. .. \ . _, ... t. -~ I ·.-:···' \ (\ -c . . . : . . .. · \. r •, \.- ··'---~I I ' ~ .. ~\~~ \ '. .. ~ I , ....... (t' rnmsANITATION. ~DISTRICT NO. 13 COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA P.O. BOX 8127 • 10844 ELLIS AVENUE• FOUNTAIN VALLEY, CA 92708 (714) 540-2910 (714) 962-2411 NOTICE TO OWNERS/OCCUPANTS YOU ARE HEREBY NOTIFIED that you will be charged an annual user fee by the County Sanitation Districts of Orange County, California, which provides sewage treatment services in this area, to cover the operation and maintenance costs associated with providing service to your dwelling. Such user fee may be in an annual amount necessary to recover the actual costs incurred by the Districts for providing operations and maintenance. If you have questions regarding this information, you may call the County Sanitation Districts, telephone (714) 540-2910, extension 257. CITY OF I/we have read the above Notice. Date Signature Signature Address Tract: _____ Lot: 993 1/84 DISTRIBUTION: White-Mail to Sanitation Districts Yellow-City's Copy Pink-Owners/Occupants Copy May 30, 1985 COUNTY SANITATION DISTRICT NO. 13 PUBLIC HEARING RE COLLECTION OF USER FEES VIA PROPERTY TAX ROLL SUMMARY OUTLINE OF STAFF REPORT I. Opening Comments 11 [efv~,, h_Y ~ ~v ~vV''-~ c,,L.~~~~ ~J .~ 'c;~-gl, '<f· ~ -Purpose of Hearing: Aconsider use of the County of Orange property tax roll for collection of user fees (Health & Safety Code Section 5473)() -Currently the District No. 13 user fee is collected by periodic direct bi l li ng5by the District f 4l., ~ Lf' ~ £.\ J, r,_; s k~) o'-\-,1 Jv .. -~ ... -Reasons for~collect~v\1$! tax bill ve-rsus ee"ti"tted District billing: .v\, v •.r v ~-~t... (\..-.... Jee. -Most cost-effective approach available to District/property owners; less cost for postage for property owner and District; less cost for District processing and collection effort--s~ -A convenience to property owners to pay with annual tax bill rather than monthly/bimonthly via separateli'ill -Same approach now being used in County Sanitation District No. 5 (Newport Beach) and County Sanitation District No. 6 (Costa Mesa) II. Background/History of Establishment of the District • agreement between County Sanitation Districts and County of Orange , .l 1 1' fAJ rq l. (.A.I~ k·...-AA.tc ~ (W-v~ v--~ <+tJ a........ q;.rn~i'er~rf@A.:t"tlf'~'Pflt' District No. 13~WR°'~n outgrowth of tax 1 imitation legislation.,~rovided for District No. 13 sewage services to property owners to be totally financed by fees as the District would not receive any share of the ad valorem tax levy . ~ -December 8, 1982: AuthorizatieR &f~engineering stu~ to establish boun- daries and determine connection/user fees and faci 1 i ty requirements for scvrF/..K. proposed District 13 {}.)(Is o..u·-H.~tn11 z r) ~ ( I, . I e' ~~'.( ,,..._, , ...... .L-l_L ll\;'-CL.0.-r~ Ot:,f" r ""-' ~.L ·~av' \J" c° l)' ! 1J'l"" ~ I 1 ~ -De~ember 7, 1983: All homebuyersArequired to sign Notice to ~~ Owners/Occupants (show copy) during escrow informing them of fees '"t -O'--lvLc.t ~ ~r-rJ ·,.:f "1 r "$ +L-- -July 11, 1984: Boards of Districts Nos. 2 and 7AapprovedJfEngineer's Report re District 13 Formation (show copy/describe collection/trans- mission facilities) ,1 ( r -, ;> ~ ~'-"S ..;:.-\.CJ' ( \.,t ·-~_.r-? <, I ,--! h -August 8, 1984: Public Hearing on~Draft ~d Environmental Impact Report (show copy} (}\--blJ ~ o L ~~._., .... ~ ~}.;! !,: f~ -August 8, 1984: Districts Nos. 2 and 7~passed ordinances setting connec- tion and use~ fees for Proposed District No. 13. Initial user fee was established at $140 per year for propertiesJoutside the existing districts N-)h , "-.welur"''f.\ -tt-~ .. ~~ ~'I.I(. SP-A/~ c! -October 1, 1984: t Letter issued witAfirst fovoiee to homeowners connected to system/monthly bi 11 i Ags di 1 ect Fram CSQG£ (f)~ -October 10, 1984: Boards of Districts Nos. 2 and 7 certified Final ~d EIR re Formation of Proposed District No. 13 -November 7, 1984: Following issuance of a Notice of Public Hearing to all property owners within proposed District, Local Agency Formation Conmission (LAFCO} held a public hearing and approved District No. 13 formation -December 12, 1984: County Board of Supervisors approved formation .iJ..~~:.)~-r+ f.Ju 1) (~ vb ~~~l-~~._ -January 1, 1985: Effective date of establishme~t gf Qistriet No. 13 -January 9, 1985: Board of Directors of District No. 13 at its first meeting approved a budget for remaining six months of fiscal year 1984-85 and adopted Ordinance No.1301 setting a reduced user fee of $70 per year f --t.l.J0 ;.c.aN~rs-- ~J r\Wcvv'-'-~ o \ .-; '"' -~cJ-'l.Lt. ~ l.. .t~-c;c.L h4,_ -Di sti RQYi stl bet wee A connection feej A{ one-ti me fee paid by deve 1 ope rs to cities/county prior to construction} vs. 1:1ser fees (amma1 fees to pay, l for ropti ne ~ ORQpir\7opet ~ti OJr drt,d inai nt~na~e1 of S;YStem} ~ e'\. ~~(' .J:v.; , ~r.!.~c.,, {l{P,__ l C,\ )n.,._ ~) Q··'>'I c. · ..... ,,.--0-'6u 1 IJ,G ~·/N<•""\\ 'S. 1:~.•.U.'-( -ee c .J..{,c ~·--,...J -Zone A Vari ab 1 e -fees to be the same as when annexed vr,P'>2c. t) ·" -i. ov -i -Zone B $1,250/dwelling unit -Residential (no annexation acreage fees) $ 250/1000 sf -Cormnercial* -Zone C $1,500/dwelling unit -Residential (no annexation acreage fees} $ 300/1000 sf -Commercial* *Floor area, outside dimensions ~ ?-V-..::.. -March 7, 1985: District sent out«notice/invoice 1%4& ts5' for remainder of fiscal year 1984-85 plus letter explaining proposal to collect user fe~ via County property tax roll in 1985-86 (in Director's agenda package}\....~~ -May 9-16, 1985: District mailed Notice of.Public Hearing to 1500 property owners within District No. 13 outlining the proposal 0v--~c:.-.~~ -May 13-20, 1985: Legal Notice -published in the Register on May 13 and May 20, 1985 III. Responses to Date -Five phone calls -3 properties determined to be out of the District -1 regarding methods for notification of Board hearings for approval of future ordinances setting fees -1 regarding reason for fee I I , ~(2_cr_ ~<tt\f ~~ IV. Respond to Board/Public Comments re Presentation May 30, 1985 COUNTY SANITATION DISTRICT NO. 13 PUBLIC HEARING RE COLLECTION OF USER FEES VIA PROPERTY TAX ROLL SUMMARY OUTLINE OF STAFF REPORT I. Opening Comments -Purpose of Hearing: Consider use of the County of Orange property tax roll for collection of user fees (Health & Safety Code Section 5473.1) -Currently the District No. 13 user fee is collected by periodic direct billing by the District -Reasons for collection via tax bill versus continued District billing: -Most cost-effective approach available to District/property owners; less cost for postage for property owner and District; less cost for District processing and collection effort~s~ -A convenience to property owners to pay with annual tax bill rather than monthly/bimonthly via separatellill -Same approach now being used in County Sanitation District No. 5 (Newport Beach) and County Sanitation District No. 6 (Costa Mesa) II. Background/History of Establishment of the District -June 9, 1982: Approval of negotiated agreement between County Sanitation Districts and County of Orange re ABB Tax Exchange The agreement to form District No. 13 was an outgrowth of tax limitation legislation and provided for District No. 13 sewage services to property owners to be totally financed by fees as the District would not receive. any share of the ad valorem tax levy -December 8, 1982: Authorization of engineering studies to establish boun- daries and determine connection/user fees and facility requirements for proposed District 13 -December 7, 1983: All homebuyers required to sign Notice to Owners/Occupants (show copy) during escrow informing them of fees -July 11, 1984: Boards of Districts Nos. 2 and 7 approved Engineer's Report re District 13 Formation (show copy/describe collection/trans- mission facilities) -August 8, 1984: Public Hearing on Draft focused Environmental Impact Report (show copy) -August 8, 1984: Districts Nos. 2 and 7 passed ordinances setting connec- tion and user fees for Proposed District No. 13 •. Initial user fee was established at $140 per year for properties outside the existing districts -October 1, 1984: Letter issued with first invoice to homeowners connected to system/monthly billings direct from CSOOC -October 10, 1984: Boards of Districts Nos. 2 and 7 certified Final · Focused EIR re Formation of Proposed District No. 13 -November 7, 1984: Following issuance of a Notice of Public Hearing to all property owners within proposed District, Local Agency Formation Conmission {LAFCO) held a public hearing and approved District No. 13 formation -December 12, 1984: County Board of Supervisors approved formation -January 1, 1985: Effective date of establishment of District No. 13 -January 9, 1985: Board of Directors of District No. 13 at its first meeting approved a budget for remaining six months of fiscal year 1984-85 and adopted Ordinance No.1301 setting a reduced user fee of $70 per year for both 1984-85 and 1985-86 fiscal years -Distinguish between connection fees {one-time fee paid by developers to cities/county prior to construction) vs. user fees (annual fees to pay for routine, ongoing operation and maintenance of system) -User Fee $70 (reduced from $140) -Zone A Variable -fees to be the same as when annexed -Zone B $1,250/dwelling unit -Residential (no annexation acreage fees) $ 250/1000 sf -Commercial* -Zone C $1,500/dwelling unit -Residential {no annexation acreage fees) $ 300/1000 sf -Commercial* *Floor area, outside dimensions -March 7, 1985: District sent out notice/invoice for $35 for remainder of fiscal year 1984-85 plus.letter explaining proposal to collect user fees via County property tax roll in 1985-86 (in Director's agenda package) -May 9-16, 1985: District mailed Notice of Public Hearing to 1500 property owners within District No. 13 outlining the proposal -May 13-20, 1985: Legal Notice -published in the Register on May 13 and May 20, 1985 III. Responses to Date -Five phone calls -3 properties determined to be out of the District -1 regarding methods for notification of Board hearings for approval of future ordinances setting fees -1 regarding reason for fee IV. Respond to Board/Public Comments re Presentation MEETING DATE May 3o, 1985 DISTRICT 1 TIME 7:30 p.m. DISTRICTS 13 -Yorba Linda City Hall JOINT BOARDS (CRANK),,,,,,,,HANSON,,,,,, ________ _ {SALTARELLI), t, HOESTEREY,, •--___ _ (LUXEMBOURGERJ,GRISET,,, ,,·, ___ _ (WIEDER),,,,,,,STANTON,,,,, ______ ::::: DISTRICT 2 (NORBY),,,,,,,,CATLIN,,,,,, ___________ _ (ZIEGLERJ,,,,,,BUCK,,,,,,,, __ _ (NELSON) ••••• ,.cooPER •••••• __ ::::: == (LUXEMBOURGER J, GR I SET,, ,·,, •-- {SI LZEL),,,,,,, KAWANAM I,,,·--::::: ::::: {WEDEL),,,,,,,,MAHONEY,,,,, ___________ _ (SCOTT),,,,,,,,NEAL,,,,,,,, __________ __ (CULVERJ,,,,,,,PERRY,,,,,,, ___________ _ (OVERHOLTJ,,,,,ROTH11••••••---__ __ (BEYER}t•••••••SMITH,,,,,,, ________ ::::: {WIEDERJ,,,,,,,STANTON,,,,, ___________ ___ (BEVERAGE),,,,,WISNER,,,,,, ___________ __ DISTRICT 3 (OVERHO~T),,,,,ROTH,,,,,,,, _____ __ (COOPER ,,,,,,,NELSON,,,,,, __ __ (THOMAS ,,,,,,,BAILEY,,,,,, ____ ----- (RISNER),,,,,,,BROWNELL,,,, ____ -------- (NORBY),,,,,,,,CATLIN,,,,,, ____ -------- (PERRY),,,,,,,,CULVER,,,,,, ___ ::::::::::: (JARRELLJ,,,,,,GRIFFIN,,,,,____ ___ _ (LUXEMBOURGER) ,GR I SET ••• I I·--== --(WEDEL) •••••••• MAHONEY,,,,, __________ _ (SCOTT),,,,,,,,NEAL,,,,,,,, ___________ __ (FINLAYSONJ,,,,OLSON,,,,,,, ________ __ (KANEL),,,,,,,,PARTIN,,,,,,--- (SEIDELJt' I I I I .POLIS I I. II.----- (SIRIANJJ •••••• SAPIEN •••••• ----- (WIEDER},,,,,,,STANTON,,,,,---- (SELVAGGIJ,,,,,SYLVJA,,,,,.::::: DISTRICT 5 (cox) •••••••••• HART, •• , •••• ___ __ (cox) •• t ••••••• MAURER.,., •• __ _ (WJEDERJ,,,,,,,STANTON,,,,, __ _ DISTRICT 6 (GALLACHER) I I I I WAHNER. I I • I ·----(cox> •• , •• ,,,,,PLUMMER,,,,, (WIEDERJ,,,,,,,STANTON,,.,.:::::::::: DISTRICT 7 (BEYER) t I I I I I I I SM ITH. I I I I.·---(MILLER J,,, ,,,,SILLS,,,,,,, ____________ __ (SALTARELLI),,,EDGAR,,,,,,, ___ __ (LUXEMBOURGER) I GR I SET ••• 'I ·-- (cox}' I I I I I I I I I MAURER I • I I I·---- ( w I EDER) I I I I I I I STANTON I I I I ·---- (GREEN) I I I I I I I I WAHNER I • I I I ·---- DISTRICT 11 (MAND I c) I I I I I I • BA I LEY I I I I I·--(WI EDER),,,,, ,,STANTON,,,,, __ _ (FINLEY),,, ,,,,THOMAS,,,,,, __ DISTRICT 13 (BEYER) t I I I I I I .SMITH.' I I I I I v (NELSONJ ••••••• COOPER •• I···~ (WISNER),,,, ••• BEVERAGE •• I·~ (OVERHOLT),,,,,ROTH,,,,,,,,~ (WIEDER),,, I I •• STANTON ••• I •-0,...L 5/29/85 (THOMAS/MANDIC),,BAILEY,,,,,, (WJSNER),,,,,,,,,BEVERAGE,,,,------- (RISNER),,,,,,,,,BROWNELL,,,,------- (ZIEGLER),,,,,,,,BUCK,,,,,,,,-------- (NORBY)t•••••••••CATLJN,,,,,,::::::::: (NELSONJ ••••••••• COOPER •••••• PERRY),,,,,,,,,,CULVER,,,,,,:::::::::: SALTARELLIJ,,,,,EDGAR,,,,,,, JARRELL),,,,,,,,GRIFFIN,,,,,::::::::: LUXEMBOURGERJ,,,GRISET,,,,,, CRANK),,,,,,,,,,HANSON,,,,,,-------_- COX),,,,,,,,,,,,HART,,,,,,,,:::::::: SALTARELLI) I I • I • HOESTEREY I I ·----SIL ZEL} ••••••••• KAWANAM I 11 II WEDEL},,,,,,,,,,MAHONEY,,,,,---::::: cox) It I. I I I I I I I I MAURER I I I I •• ---- (SCOTT J, ••••••••• NEAL •••••••• :::: (COOPERJ,,,,,,,,,NELSON,,,,,, (FINLAYSON),,,,,,OLSON,,,,,,,------ (KANEL)t'''''''''PARTIN,,,,,,:::: (CULVERJ,,,,,,,,,PERRY,,,,,,, <cox) •• t •••••• , •• PLUMMER ••••• :::: (SE I DEL) It I I ' I I ' 'POL Is I I ' I I I I (OVERHOLTJ,,,,,,,ROTH,,,,,,,,----- (SIRIANI),,,,,,,,SAPIEN,,,,,,----- (MILLER),,,,,,,,,SILLS,,,,,,,:::: ___ ___ (BEYER),,,,,,,,,,SMITH,,,,,,, (WIEDERJ,,,,,,,,,STANTON,,,,,---------- (SELVAGGJ),,,,,,,SYLVIA,,,,,,--------- (FINLEY),,,,,,,,,THOMAS,,,,,,----------- (GREEN/GALLACHER)WAHNER,,,,,,-- (BEVERAGE),,,,,,,WISNER,,, ,,,:::: SI8EE: OTHERS: SYLVESTER,,,,__..,-- CLARKE,,,, •• ::::: DAWES,,,,,,, t,,...."' ANDERSON,,,,------ BUTLER,,,,,, ....,.....-- BROWN,,,,,,,~ BAKER I I I I I I·----KYLE •••••••• __ _ YOUNG •••• II·---VON LANGEN w I NSOR I I I I •• ::::: STREED I • I •• ·----CLAWSON ••••• __ _ WOODRUFF'' I·--ATKINS •••••• .__....- HOHENER,, •••--HOWARD,,,,,, __ _ HUNT •• I I ••• ·--- KE ITH I •••• I·--- KNOPF I I • I I I ·---LE BLANC,,,, __ __ LINDSTROM, , , __ LYNCH,,,,,,, __ _ MARTINSON,,, __ PEARCE,,,,,, __ _ .. :;:. ....... COUNTY SANITATION DISTRICT NO. 13 OF ORANGE COUNTY, CALIFORNIA MINUTES OF ADJOURNED REGULAR MEETING May 30, 1985 -7:30 P.M. Yorba Linda City Hall -Council Chambers 4999 Casa Loma Avenue Yorba Linda, California Pursuant to the adjournment of the regular meeting of May 8, 1985, the Board of Directors of County Sanitation District No. 13 of Orange County, California met in an adjourned regular meeting at the above hour and date in the Yorba Linda City Hall Council Chambers. The Chairman called the meeting to order at 7:30 p.m. The roll was called and the Secretary reported a quorum present. DIRECTORS PRESENT: DIRECTORS ABSENT: STAFF MEMBERS PRESENT: OTHERS: Don E. Smith, Michael Beverage, Sam Cooper Don Roth, Roger Stanton J. Wayne Sylvester, General Manager, Rita Brown, Secretary, Thomas M. Dawes, William H. Butler Suzanne Atkins, General Counsel, Gene Wisner, Roy Stephenson * * * * * * * * * * * * * Pubic Hearing on Sewer Service Charge Report for 1985-86 and proposal to collect annual charges on the 1985-86 property tax bills The Chairman announced that this was the time and place fixed by the Board for a public hearing on the Sewer Service Charge Report for 1985-86 and the proposal to collect the annual charges on the 1985-86 property tax bills pursuant to Ordinance No. 1301, passed and adopted at a regular Board meeting held January 9, 1985. Open Public Hearing Staff Report on proposed use of County property· tax rolls for billing and collection of the annual sewer service charge The Chairman declared the hearing open at 7:30 p.m. The General Manager reported that the purpose of the hearing was to consider the Sewer Service Charge Report for 1985-86 and to consider use of the County of Orange property tax roll for collection of user fees. Currently the District No. 13 user fee is collected by periodic direct billings by the District. For the following reasons it was proposed to collect the user fee on the tax bill instead of by direct District billing: Most cost-effective approach available to the District/property owners1 -1- 5/30/85 "ii---.c.• -A convenience to property owners to pay with the annual tax bill rather than monthly/bimonthly via separate billing Same approach now being successfully used in County Sanitation District No. 5 and County Sanitation District No. 6 '-v" The General Manager then reviewed the background/history of the establishment of District No. 13. He reported that the District was formed pursuant to an agreement negotiated in 1982 between the County Sanitation Districts and the County of Orange as an outgrowth of tax limitation legislation. It provided for District No. 13 sewage services to property owners to be totally financed by fees as the District would not receive any share of the ad valorem tax levy. In December 1982 an engineering study was authorized to establish boundaries and determine connection/user fees and facility requirements for serving proposed District No. 13. Beginning in December 1983 all homebuyers in the area proposed to be served by District No. 13 were required to sign a Notice to Owners/Occupants form during escrow informing them of the proposed fees for financing District No. 13. On July 11, 1984, the Boards of Districts Nos. 2 and 7 on behalf of District No. 13, approved the Engineer's Report re District 13 formation. The District's Engineer reviewed the various zones established and the fees in effect for each zone, as follows: Zone A -Variable (Fees to be the same as when annexed from either County Sanitation District Nos. 2 or 7) Zone B $1,250/dwelling unit -Residential $ 250/1,000 square feet -Commercial Zone C $1,500/dwelling unit -Residential $ 300/1,000 square feet -Commmercial On August 8, 1985, a public hearing was conducted on the Draft Environmental Impact Report re Formation of Proposed District No. 13. At that time Districts Nos. 2 and 7, on behalf of proposed District No.13, passed an ordinance setting connection and user fees for proposed District No. 13. The initial user fee was established at $140 per year for properties then being served that were outside the existing Districts' boundaries. On October 1, 1984, a notice was sent to homeowners connected to the system explaining the proposal. On October 10, 1984, the Boards of Districts Nos. 2 and 7 certified the Final EIR re Formation of Proposed District No. 13. Following issuance of a Notice of Public Hearing to all property owners within the proposed District on November 7, 1984, the Local Agency Formation Commission (LAFC) held a public hearing and approved District No. 13's formation. On December 12, 1984, the County Board of Supervisors approved the formation and District No. 13 came into existence as of ~ January 1, 1985. -2- ~- ~-' ·5/'50/85 The Board of Directors of District No. 13, at its first meeting on January 9, 1985, approved a budget for the remaining six months of fiscal year 1984-85 and adopted Ordinance No. 1301 setting a reduced user fee of $70 per year. Ordinance No. 1301 also established the connection fee schedule which is a one-time fee paid by developers at the time of building permit issuance to pay for capital facilities. The General Manager reported further that on March 7, 1985, the District sent out a second notice explaining the proposal to collect user fees via the County's property tax roll beginning in 1985-86. Between May 9-16, 1985, notices of the public hearing were mailed to 1,500 property owners within District No. 13 outlining the proposal. A legal notice of the public hearing was also published in The Register on May 13 and 20, 1985. Mr. Sylvester reported that the District received five telephone calls in response to the notices. Three of the properties in question were determined to be outside the District. One inquired regarding the methods used for notification of Board hearings when approving future ordinances setting fees and one call asked about the reason for the fee. Close Public Hearing There being no public oral comments, the Chairman declared the hearing closed at 7:45 p.m. Adopt a finding that the majority of property owners have not protested the proposed sewer service fee Moved, seconded and duly carried: That the Board of Directors hereby finds that a majority of the owners of the property, which is ·the subject of the Sewer Service Charge Report for Fiscal Year 1985-86, have not protested. Receive,· file and adopt Sewer Moved, seconded and duly carried: Service Charge Report for Fiscal Year 1985-86 That the County Sanitation District No. 13 Sewer Service Charge Report for Fiscal Year 1985-86 be, and is hereby, received, ordered filed and adopted. Directing County Auditor- Controller to include sewer service charges on 1985-86 property tax bills, oursuant to Ordinance No. 1301 Moved, seconded and duly carried: That the Board of Directors hereby adopts Resolution No. 85-81-13, directing the County Auditor-Controller to include sewer service charges on 1985-86 property tax bills for collection, pursuant to Ordinance No. 1301 of County Sanitation District No. 13 of Orange County. A certified copy of this resolut.ion is attached hereto and made a part of these minutes. Adjournment Moved, seconded and duly carried: That this meeting of the Board of Directors of County Sanitation District No. 13 be adjourned. The Chairman then declared the meeting so adjourned at 7:46 p.m., May 30, 1985. -3-