HomeMy WebLinkAboutOCSD-05 REPEALED BY-
OCSD-15
ORDINANCE NO. OCSD-05
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE ORANGE COUNTY SANITATION DISTRICT
CONTINUING AND ESTABLISHING SANITARY SEWER
SERVICE CHARGES
The Board of Directors of the Orange County Sanitation District (the "District")
does hereby FIND:
A. That the former County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13
and 14 of Orange County, California (the "Predecessor Districts")were nine individual
county sanitation districts organized pursuant to the County Sanitation District Act
(California Health & Safety Code Section 4700 gt egg.). By action of the Boards of
Directors of the Predecessor Districts, pursuant to specific legislation enacted by the
California State Legislature in 1996, an application was submitted to the Orange
County Local Agency Formation Commission to legally consolidate the nine
Predecessor Districts into one single sanitation district for all purposes. The
application was approved, with an effective date of July 1, 1998. As of July 1, 1998,
the Predecessor Districts cease to exist, and one single consolidated county sanitation
district, known as the "Orange County Sanitation District" (the"District), comes into
existence in place of the Predecessor Districts. The District is formed to carry on the
functions of the Predecessor Districts; and,
B. That a Comprehensive 30-Year Master Plan of Capital Facilities entitled
"Collection, Treatment and Disposal Facilities Master Plan - 1989", hereinafter referred
to as the "Master Plan", which includes detailed financial and engineering reports, was
prepared, approved and adopted by the Board of Directors of the Predecessor Districts,
setting forth and identifying the required future development of District Facilities,
including the financial projections for providing sewer service to all properties within the
individual service areas of each of the nine Predecessor Districts; and,
C. That the financial and engineering reports of the Master Plan were made
available to the public, both prior to and subsequent to the adoption of the Master Plan,
and were subject to noticed public hearings, all in accordance with the provisions of
Government Code Section 66016, and other provisions of law; and,
D. That the Predecessor Districts during the years 1997 and 1998
commenced comprehensive planning, engineering and financial studies to develop an
updated Comprehensive Master Plan of Capital Facilities, which studies are referred to
as the District's "Strategic Plan"; and,
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E. That the Predecessor Districts undertook and completed specific financial
studies relating to the capital needs, as well as the operation and maintenance needs
of the District facilities and system for the 10 years of 1997-98 to 2006-07; and,
F. That the financial requirements of the District, as successor to the
Predecessor Districts, as shown in the current reports prepared by Staff and
Consultants relating to the Strategic Plan, are based on current, reliable information
and data relating to population projections, wastewater flow and capital facilities needs
and are expected to be realized in each year of the report; and,
G. That the revenues derived under the provisions of this Ordinance will be
used for the acquisition, construction, reconstruction, maintenance and operation of the
sewage collection, wastewater treatment and disposal facilities of the District; to repay
principal and interest on debt instruments; or to repay federal and state loans issued for
the construction and reconstruction of said sewerage facilities, together with costs of
administration and provisions for necessary reserves; and,
H. That the owners or occupants of properties upon which the fees
established by this Ordinance are levied, discharge wastewater to the District's
collection, treatment and disposal facilities. The costs of operating and maintaining
said facilities have constantly increased due in part to increased regulatory
requirements to upgrade the treatment process; and,
I. That the need for upgraded and improved treatment of all wastewater
collection, treatment and disposal facilities is required to protect the public health and
safety, and to preserve the environment without damage; and,
J. That the charges established and levied by this Ordinance are to allow
the District to recover the reasonable costs to provide a service to individual parcels of
real property which have been improved for any of numerous types of uses. The basis
for the respective charge is the request of the owner of a parcel, for the benefit of
him/herself or the occupants of the property, to receive a service based upon actual
use, consumption and disposal of water to the District's system in lieu of disposal by
other means;and,
K. That the fees established by this Ordinance, in continuation of the sewer
service program established by the Predecessor Districts, are not imposed as a
condition of approval of a development project, as defined in California Government
Code Section 66001, and do not exceed the estimated reasonable cost to provide the
sewer service for which the fee is levied, as provided in Government Code Sections
66013 and 66016 and California Constitution Article XIIID; and,
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L. That the change in rate schedules (which may impose rates that are lower
than, equal to, or higher than the rates of the Predecessor Districts)will not necessarily
result in an expansion of facilities to provide for growth outside the existing service
area. The adoption of these rates will not result in any specific project nor result in a
direct physical change in the environment; and,
M. That the Predecessor Districts previously adopted a Final Program
Environmental Impact Report in accordance with legally-required notices and public
hearing, related to the Master Plan, including the financial program; and,
N. That the adoption of this Ordinance is statutorily exempt under the
California Environmental Quality Act from further environmental assessment pursuant
to the provisions of California Public Resources Code Section 21080(b)(8) and
California Code of Regulations Section 15273(a); and,
O. That the proposed changes in the sewer service charges (which may be
lower than, equal to, or higher than the sewer service charges of the Predecessor
Districts) are established upon a rational basis between the fees charged each
customer and the service and facilities provided to each new customer to the District, a
portion of which are necessary to replace the loss of ad valorem property taxes which
have been diverted from the Predecessor Districts, now the District, to the State
General Fund as a result of state legislative action on September 2, 1992, and in
subsequent years; and,
P. That each individual Predecessor District previously established sewer
service charges applicable to the properties within its respective jurisdictional
boundaries by the adoption of sewer service charges ordinances; and,
Q. That the District has, by Ordinance No. OCSD-02, established separate
revenue areas based upon numerous factors, including but not limited to, geographical
features, Predecessor Districts' boundaries, drainage areas, and costs of service, with
the intention that fees and charges would continue at the same rate within a revenue
area as existed in the Predecessor Districts, except to the extent of any individual
adjustments based upon approved studies and reports; and,
R. That in order to preserve the public health and safety, and in order to
continue to provide sanitary sewer services within the revenue areas whose boundaries
are coextensive with the former jurisdictional boundaries of the Predecessor Districts, it
is necessary to re-establish sewer service charges with respect to those revenue
areas, by Ordinance, effective immediately.
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NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District does hereby ORDAIN:
Section1 Purpose. The purpose of this Ordinance is to re-establish and
amend the Predecessor Districts' system of sanitary sewer service charges required to
be paid by property owners for the services and facilities furnished by the District in
connection with its sanitation treatment works and sewage collection system.
Revenues derived under the provisions of this Ordinance shall be used for the
acquisition, construction, reconstruction, maintenance and operation of the wastewater
collection, treatment and disposal facilities of the District; to repay principal and interest
on debt instruments; or to repay federal and state loans issued for the construction and
reconstruction of said sewerage facilities, together with costs of administration and
provisions for necessary reserves-
Section i Annual Sanitary Sewer Service Charge. Commencing July 1,
1998, the owner of each parcel of real property located within the District which is
improved with structures designed for residential, commercial or industrial use and
which, at the request of the owner or the owner's predecessor-in-interest, is connected
to the District's system, shall pay an annual sanitary sewer service charge based on
the respective class of users, in the sum or sums, as set forth in Tables A and B of this
Ordinance, attached hereto and incorporated herein by reference. The annual sanitary
sewer service charges for residential users are set forth in Table A. The annual
sanitary sewer service charges for commercial or industrial users are dependent upon
the respective classifications of property use, determined by reference to Table B; the
applicable percentage figure shown on Table B with respect to the particular use
classification is multiplied by the applicable single family residential rate shown in
Table A, to arrive at the annual sanitary sewer service charge for the commercial or
industrial user. Table A establishes separate rates with respect to each of the nine
revenue areas, with the exception of Revenue Area No. 14, as to which costs are paid
by the Irvine Ranch Water District.
Section : Application of Ordinance. The provisions of this Ordinance shall
be in addition to the provisions of: District Ordinance No. OCSD-01, which establishes
Wastewater Discharge Regulations for use of District's sewage facilities, including
provisions for payment of charges or fees related thereto; District Ordinance No.
OCSD-03, which establishes fees concerning annexations of territory to the District;
District Ordinance No. OCSD-04, which establishes capital facilities connection
charges; District Ordinance No. OCSD-W, which establishes miscellaneous charges
and fees relating to industrial, Waste hauler and transportable treatment unit
dischargers; all of which Ordinances are being adopted concurrently herewith; and any
other District Ordinances and Resolutions not in conflict herewith.
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Section 4: Exceptions. The provisions of this Ordinance shall apply to all
owners of properties within the District, including those properties otherwise deemed
exempt from payment of taxes or assessments by provisions of the State Constitution
or statute, including properties owned by other public agencies or tax-exempt
organizations, except as expressly provided in Section 5 hereof.
Section 5: A. Exemptions. It is the intent of the District that the legal
owner(s) of parcels of real property, otherwise subject to the levy and payment of the
sewer use charges as prescribed herein, be relieved, in whole or in part, from the
payment of said charges, in certain circumstances and under conditions proscribed
herein, and be entitled to either a rebate or a refund with respect to charges paid, as
more specifically set forth in Subparagraphs B and C below, provided an inequity is
established or a billing error is proven, as specified in Subparagraph B or C.
B. Application for Rebate. Any property owner may apply to
the District for a rebate of sewer use charges paid to the District by establishing that an
unfair valuation of the property has been made by the District. An applicant for a
rebate must establish, by proof satisfactory to the General Manager of the District, or
his designee, that an inequity exists between the amount of the charge paid and the
amount of wastewater discharged to the District's system, resulting in an unfair
valuation. Satisfactory proof shall establish that either.
(1) The principal water use is agricultural or horticultural;
or
(2) The property is devoted to any other use wherein the
amount of wastewater discharged to the District's system is significantly less on
a regular basis than the amount that would normally be expected to be
discharged by the class of property in question.
Satisfactory proof shall include, but not be limited to, documentation showing actual
water usage for each billing cycle during the entire period for which the rebate is
sought.
The amount of any rebate shall not reduce the charge payable by
any property owner, whose property is connected to District's system, to less than the
single family residential charge shown on the applicable Table attached hereto.
C. Application for Refund. Any property owner may apply to
the District for a refund of sewer use charges paid to the District by establishing that
the amount paid was pursuant to an error in the amount billed or the amount paid. The
applicant for a refund must submit proof satisfactory to the General Manager of the
District, or his designee, that a billing error has been made by the District, or the
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County Tax Collector. Such proof shall include, but not be limited to, proof that:
(1) The owner's parcel of property is not connected to
the District's system; or
(2) The property has not been classified in the proper
land use category; or
(3) A clerical error has been made.
D. Limitations Period. Applications for rebates and refunds
shall be deemed to be governed by the provisions of California Revenue &Taxation
Code Sections 5096 and 5097, allowing for refunds for a period of four(4) years from
the date of payment of the second installment of the bill claimed to be either inequitable
or incorrect.
E. Determination. All applications for rebates or refunds of the
sewer use charge will be determined by the General Manager of the District, or his
designee, who, based on the submitted proof, may grant a full or partial rebate or
refund.
F. Administrative Fee. At the time of filing the application for
rebate or refund, the property owner shall pay District an administrative fee for the
processing of such application. The amount of the fee shall be equal to the total of all
fees and charges imposed on the District by any other public entity, such as the
Orange County Tax Collector, the Orange County Auditor, or the Orange County
Recorder, in connection with the rebate or refund.
Section 6: Annual Charge Based On Fiscal Year. The sanitary sewer service
charges established by this Ordinance shall be effective as of July 1 of each year as
set forth in Tables A and B, for the District's fiscal year, and shall remain in effect until
such time as the rates adopted herein are changed by District Ordinance. There shall
be no proration of such charges in any fiscal year.
Section 7: Method of Collection.
A. Pursuant to the authority granted by California Health &
Safety Code Section 5473, and except as otherwise provided in Subparagraph B
below, all charges established herein shall be collected on the County Tax Roll in the
same manner, by the same persons, and at the same time as, together with, and not
separately from, its general taxes. The County Tax Collector is authorized and hereby
ordered to make said collections in accordance with the terms and conditions of
agreements between the County of Orange and the District.
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B. In the event District determines that, due to billing or
payment error, or to inequity in the amount billed, a property owner has underpaid
annual sanitary sewer service charges payable to District, District, within four (4) years
after the date of mailing of the tax bill, may:
(1) collect the amount of any deficiency directly on the
County Tax Roll;
(2) off-set the amount of any deficiency against any
amounts that District determines is owing, by District, to the property owner, as a
rebate or refund under this Ordinance; or
(3) submit, directly to the property owner, a bill for the
amount of any deficiency, which shall be due and payable within thirty (30) days
of the invoice date and which, if not paid, shall become a lien on said property.
Section 8: Credit For Industrial Permittees. A credit shall be allowed to all
dischargers permitted pursuant to Article 3 of District Ordinance No. OCSD-01, in an
amount equal to the annual sanitary sewer service charge established by Section 2 of
this Ordinance in the same manner as credit is allowed for ad valorem taxes pursuant
to Sections 302.6(B), and 303.6(B) of District Ordinance No. OCSD-01.
Section 9: Severability. If any provision of this Ordinance or the application to
any person or circumstance is held invalid by order of court, the remainder of the
Ordinance or the application of such provision to other persons or other circumstances
shall not be affected.
Section 10: Effective Date. This Ordinance shall take effect on September 25,
1998.
Section 11: Publication. The Secretary of the Board shall certify to the
adoption of this Ordinance and shall cause a summary of the same to be published in a
newspaper of general circulation in the District, as required by law.
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PASSED AND ADOPTED by the affirmative vote of greater than two-thirds of the
Board of Directors of the Orange County Sanitation District at a Regular Meeting held
August 26, 1998.
Chair, BoardDco
Orange County Sanitation District
ATTEST: J
Secretary of a Board irectors
Orange Cou y Sanita District
Thomas L. W odruff, General Counsel
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TABLE A
ANNUAL SEWER SERVICE CHARGES
FOR RESIDENTIAL USERS
Single Family Residential Rates
1998-99 1999-2000 2000-01 2001-02
Adapted SFR Adopted SFR Adopted SFR Adopted SFR
Revenue Area No. 1 $96.41 $110.04 $120.77 $132.55
Revenue Area No.2 $74.00 $ 77.00 $ 80.00 $ 82.00
Revenue Area No.3 $75.50 $ 77.00 $ 78.00 $ 80.00
Revenue Area No. 5 $84.50 $ 96.75 $ 96.75 $ 96.75
Revenue Area No.6 $79.00 $ 82.00 $ 84.00 $ 86.00
Revenue Area No.7 $60.00 $ 66.00 $ 73.00 $ 80.00
Revenue Area No. 11 $80.00 $ 90.00 $101.25 $113.91
Revenue Area No. 13 $100.00 $100.00 $100.00 $100.00
Revenue Area No. 14 AA Revenue Area No.14 Costs Are Paid Directly by the Irvine Ranch Water District
Multi-Family Residential Rates Per Unit
1998-99 1999-2000 2000-01 2001-02
Adopted MFR Armed MFR Adopted MFR Adopted MFR
Revenue Area No. 1 $67.49 $77.03 $84.54 $92.79
Revenue Area No.2 $51.80 $53.90 $56.00 $57.40
Revenue Area No.3 $52.85 $53.90 $54.60 $56.00
Revenue Area No.5 $59.15 $67.73 $67.73 $67.73
Revenue Area No.6 $55.30 $57.40 $58.80 $60.20
Revenue Area No. 7 $42.00 $46.20 $51.10 $56.00
Revenue Area No. 11 $56.00 $63.00 $70.88 $79.74
Revenue Area No. 13 $70.00 $70.00 $70.00 $70.00
Revenue Area No. 14 All Revenue Area No.14 Costs Are Paid Directly by the Irvine Ranch Water District
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TABLE B
ANNUAL SEWER SERVICE CHARGES
PROPERTY USE CLASSIFICATIONS FOR
COMMERCIAL OR INDUSTRIAL USERS
Percentage of SFR
Assessor Use Code Description Per 1.000 SF or Unit
1 Vacant Land Parcel 0'.6
5 Common Area Parcel 0%
6 "Hold'Parcel 0%
8 Equivalent to Vacant 0%
121 Parcel of Minimal or No Value 0%
122 Subsurface Parcels 0%
124 Oil/Mineral Rights 0%
125 Mineral Rights Equipment 0%
126 Vacant Common Area-IMP Alloc. 0%
201 Homeowners Exemption Add'm. 0%
666 Unassigned Vacant 0%
58 Nurseries(Plants) 10%
100 Drive-In Theater 10%
44 Lumber/Constr.Matt.Yard 17%
71 Parking Garage 17%
72 Paved Parking Lot 17%
110 Warehouse-Single Tenant 17%
111 Warehouse-Multi Tenant 17%
112 Steel Building 17%
113 Mini-Warehouse 17%
115 Recreational Vehicle Storage 17%
116 Truck Terminal 17%
33 Church Buildings 20%
74 Recreation Vehicle Park 27%
40 Health Club 29%
21 Automobile Dealership 41%
22 Auto Repair Shop 41%
23 Automotive Service 41%
24 Used Car Lot 41%
36 Financial Buildings 41%
39 Golf Course 41%
57 Motorcycle/Small Vehicle Bldg. 41%
83 Automotive Service Station 41%
54 Marine Service Station 41%
86 Combin.-Service Station/Convenience 41%
94 Department Store 41%
95 Discount Store 41%
96 Unattached Single Store 41%
97 Strip Store 41%
7 Mobile Home 50%
55 Mobile Home Park 50%
37 Fraternal Buildings 51%
101 Unattached Theater 51%
26 Airport and Related Buildings 53%
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Percentage of SFR
Assessor Use Code Description Per 1.000 SF or Unit
45 Marinas 53%
89 Neighborhood Shopping Center 53%
90 Community Shopping Center 53%
3 Two or More Residences 70%
10 Duplex Only 70%
11 Triplex Only 70%
12 04-Units Only 70%
13 5 to 16 Units 70%
14 17 to 25 Units 70%
15 2640 Units Only 70%
16 41-99 Units Only 70%
17 100 or More Units 70%
18 Developed with a Mix of Forms 70%
65 Single Office Bldgs.To 3 Stories 82%
66 Small Office Center 82%
67 Office Complex 82%
68 High Rise Office 82%
69 Converted Residence to Office 82%
81 Pre-Schools,Nursery or Care 82%
82 Private Schools 82%
98 Store with Offices or Living Quarter 82%
99 Store with Office Upstairs 82%
its Governmental Use Vacant/Develo. 82%
34 Dormitory 97%
42 Hospital 97%
43 Hotel 97%
56 Motels and Motor Hotels 97%
63 Low Rise Retirement Building 97%
64 High Rise Retirement Building 97%
0 Conversion-C/1,Rural PC 100%
2 One Residence 100%
4 Miscellaneous Improvement 100%
85 Comb:Sew.StnJRestaurant 100%
103 Chemical Tank and Bulk Storage 100%
104 Food Processing Plant 100%
105 Cold Storage Plant 100%
106 Factory 100%
107 Light Industrial-Single Tenant 100%
108 Lght Industrial-Multi Tenant 100%
109 Research and Development 100%
114 Industrial Park 100%
119 Public utility 100%
120 Water Mutual or Company 100%
888 Conversion-Composite Prop. 100%
32 Cemetery 8 Related Buildings 101%
38 Funeral Home 101%
60 Nursing Home 102%
61 Convalescent Hospitals 102%
62 Converted Res.Used as Nursing 102%
28 Bowling Alleys 112%
92 Skating Rinks 112%
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Percentage of SFR
Assessor Use Code Description Per 1.000 SF or Unit
50 Single Medical Bldgs.To 3 Stories 124%
51 Small Medical Center 124%
52 Medical Center Complex 124%
53 High Rise Medical 124%
54 Converted Residence to Medical 124%
91 Regional Shopping Center 138%
20 Amusement Parks 144%
35 Entertainment Center 144%
73 Recreation 144%
30 Cain Operated Car Wash 151%
47 Supermarket 151%
48 Convenience Market 151%
88 Convenience Shopping Center 151%
19 SFR with 1 or 2 Rental Units 170%
Percentage of SFR Per 1.000 SF or Uni[
Assessor Effective Effective Effective
Use Code Description FY 1998-99 FY 1999-2000 FY 2000-01
76 Restaurant-Take Out 148% 224% 300%
77 Restaurant-Coffee Shop 248% 424% 600%
78 Restaurant- Dinner House 248% 424% 600%
79 Restaurant-Conversion
from SF 248% 424% 600%
29 Conventional Car Wash 313% 555% 796%
NOTE: Multiply the applicable percentage figure by the Table A Single Family
Residential Rate forthe applicable Revenue Area, in orderto determine
the annual sewer service charge forthe commercial or industrial user.
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STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I, JEAN E. TAPPAN, Acting Secretary of the Board of Directors of Orange
County Sanitation District, do hereby certify that the above and foregoing Ordinance
No. OCSD-05 was passed and adopted at a regular meeting of said Board on the 26th
day of August 1998, by the following vote, to wit:
AYES: Don Bankhead, George Brown, John Collins, Jan Debay, Barry
Denes, Brian Donahue, Burnie Dunlap, Norman Z. Eckenrode,
James M. Ferryman, Jack Mauller, Pat McGuigan, Eva Miner-
Bradford; Anna L. Piercy, Margie Rice, Thomas R. Saltarelli, Barry
Hammond, Peer Swan, Charles E. Sylvia
NOES: John M. Gullixson, Mark A Murphy; Bob Zemel
ABSTENTIONS: None
ABSENT: Steve Anderson, Mark Leyes, William G. Steiner, Dave Sullivan
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of August,
1998.
r�
n E. Tappan
ing Secretary, Board of Directors
Orange County Sanitation District
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