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HomeMy WebLinkAboutOCSD-05U REPEALED BY OCSD-05 ORDINANCE NO. OCSD-05U 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'Districr) 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 et seMc.). 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 Districr (the 'Districr), 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 planrgng, 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, "30 1 ta3�r 1 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, xosawo 2 euev � 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. "3W 1 3 u3¢9 NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Section 1: 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 2: 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 3: 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-06, which establishes miscellaneous charges and fees relating to industrial, wastehauler 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. 209 3W 4 '399 1 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 specked 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 20 W 5 W99 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. 20 3W M389 1 6 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: Urgency Measure. This Ordinance is enacted as an urgency measure to take effect immediately in order to fulfill the ongoing obligations of the Predecessor Districts, which, by operation of law, are now the District, with all legal rights and obligations being immediately transferred from the Predecessor Districts to the District. Section 11: Effective Date. This Ordinance shall take effect immediately upon adoption. Section 12: 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. 3o9 " "389 1 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 special meeting held July 1, 1998. 7��D Chair, Board of Dire ors Orange County Sanitation District ATTES : Secretary of a Boar of Directors Orang Cou y Sanit ion District homes L. Woodruff, General ounsel mso-wo s euw � STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, PENNY KYLE, Secretary of the Board of Directors of Orange County Sanitation, do hereby certify that the above and foregoing Ordinance No. OCSD-05U was passed and adopted at a special meeting of said Board on the 1 st day of July, 1998, by the following vote, to wit: AYES: Burnie Dunlap, Chair; George Brown; John Collins; Jan Debay; Barry Denes; Harry Dotson; James M. Ferryman; Patsy Marshall; Pat McGuigan; Darryl Miller, Eva Miner-Bradford; Mark A. Murphy; Margie Rice; Thomas R. Saltarelli; Christina Shea; William G. Steiner; Dave Sullivan, Charles E. Sylvia NOES: Mark Leyes ABSENT: Steve Anderson; Don Bankhead; Norman Z. Eckenrode; John M. Gullixson; Anna L. Piercy; Bob Zemel IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of July, 1998. Penny M. I r e Secretary of the Boar f Directors of Orange County Sanitation District \U MN WTAI\WP.DTAV MINInS RDINANCESIl9 CS U.CERnMFl TCN.D TABLE A ANNUAL SEWER SERVICE CHARGES FOR RESIDENTIAL USERS Single Family Residential Rates 1998-99 1999-2000 2000-01 2001-02 Adopted 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 NI Revenue Area No.14 Costa 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 Adopted 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 NI Revenue Area No.14 Costs Are Paid Directly by the Irvine Ranch Water District 20 3W 9 6 389 1 TABLE B ANNUAL SEWER SERVICE USE FEE 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% 5 Common Area Parcel 0% 8 '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% 888 Unassigned Vacant 0% 58 Nurseries(Plants) 10% 100 Drive-In Theater 10% 44 Lumber/Constr.Mail.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 N. 57 Motorcycle/Small Vehicle Bldg. 41% 83 Automotive Service Station 41% 84 Marine Service Station 41% 86 Combin.Servim 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% W 9 9 1 1 10 6CJ6 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% fib 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% 118 Governmental Use Vacent/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-C11, Rural PC 100% 2 One Residence - 100% 4 Miscellaneous Improvement 100% 85 Comb:Serv.Stn./Restaurant 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 Light 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-Composfte Prop. 100% 32 Cemetery& 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% ms m 6 91 11 Percentage of SFR Assessor Use Cod Desorption Per 1.000 SF or Unit 50 Single Medical Bklgs.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 Coin 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% 76 Restaurant-Take Out 300% 77 Restaurant-Coffee Shop 600% 78 Restaurant-Dinner House 600% 79 Restaurant-Conversion from SF 600% 29 Conventional Car Wash 796% NOTE: Multiply the applicable percentage figure by the Table A Single Family Residential Rate for the applicable Revenue Area, in order to determine the annual sewer service charge for the commercial or industrial user. 090. W 12 U389 1