HomeMy WebLinkAboutOCSD-43 Local Sanitary Rates ORDINANCE NO. OCSD-43
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT AMENDING ORDINANCE NO.
OCSD-38 TO EXTEND THE STATED EFFECTIVE PERIOD OF
THE EXISTING LOCAL SANITARY SEWER SERVICE CHARGES
FOR CUSTOMERS RECEIVING LOCAL SANITARY SEWER
SERVICE IN FORMER REVENUE AREA 7.
ADOPTING REVISED TABLE A EXTENDING STATED
EFFECTIVE PERIOD OF EXISTING LOCAL SANITARY SEWER
SERVICE CHARGES AND REVISED TABLE B PROPERTY USE
CLASSIFICATIONS
WHEREAS, 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 as separate "Revenue
Areas" representing distinct geographic regions pursuant to the County
Sanitation District Act (California Health & Safety Code Section 4700 at seq.).
Revenue Area 7 included unincorporated areas of Orange County and a portion
of the City of Tustin; and
WHEREAS, By action of the Board 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; and
WHEREAS, As of July 1, 1998, the Predecessor Districts ceased to exist,
and one single consolidated County Sanitation District, known as the Orange
County Sanitation District ("District"), came into existence in place of the
Predecessor Districts. The District was formed to carry on the functions of the
Predecessor Districts; and
WHEREAS, The core function of the District is to operate a regional
network of trunk sewers that delivers wastewater generated within its jurisdiction
to the District's treatment and disposal facilities; and
WHEREAS, the District charges an annual regional sewer service charge
to its customers; and
WHEREAS, The District has maintained the local sewers of approximately
18,000 parcels located in former Revenue Area 7; and
OGSD-43-1
WHEREAS, The District, as part of its maintenance and updating of its
Master Plan, undertook a comprehensive evaluation and study of its operational
and financial needs for the next 20 years, including: a detailed assessment of all
types and categories of users; the demands on the system and capacity needs of
the system to provide necessary service to the multiple categories of users; the
total costs of the existing and future facilities in the system; and alternate
methodologies for establishing fair and equitable charges to connect to and gain
access to the system. These comprehensive planning, engineering, and financial
studies led to the development of an updated Comprehensive 20-year Master
Plan of Capital Facilities, entitled "1999 Strategic Plan" ("Master Plan"); and
WHEREAS, The Master Plan, setting forth and identifying the required
future development of District Facilities, including financial projections for
providing sewer service to all properties within the District's service area, was
approved and adopted by the Board of Directors on October 27, 1999 by OCSD
Resolution No. 99-21, with updates adopted in 2002 and 2006, following a
noticed public hearing, and in compliance with the provisions of the California
Constitution and all other applicable laws; and
WHEREAS, Pursuant to Health and Safety Code section 5471, the Board
of Directors is authorized to prescribe, revise and collect fees, tolls, rates, rentals
or other charges for services and facilities furnished by the District in connection
with its sewerage system; and
WHEREAS, On June 25, 2008, the Board of Directors of the District
adopted Ordinance No. OCSD-38, establishing local sanitary sewer service
charges for customers receiving local sanitary sewer service in former Revenue
Area 7 in order to allow the District to recover the reasonable costs to provide
local sanitary sewer service to individual properties within former Revenue Area
7; and
WHEREAS, the stated effective period of the local sanitary sewer service
charges will expire at the end of fiscal year 2012-2013; and
WHEREAS, On January 23, 2013, the Board of Directors was presented
with and has reviewed the District's Wastewater Revenue and Rate Study dated
January 2013 prepared by Carollo Engineers, on file with the District, which
independently found that increases in the local sanitary sewer service charges
are appropriate and reasonable based on an evaluation of the District's revenue
needs, projected reserve balances and user rate structure; and
WHEREAS, The District has decided not to increase local sanitary sewer
service charges at this time; however, for purposes of ensuring that the District
has sufficient revenues and reserves to meet the District's obligations and
operations of the local sewer facilities in former Revenue Area 7, it is the intent,
by the adoption of this Ordinance, to extend the stated effective period of the
OCSD-43-2
fiscal year 2012-2013 local sanitary sewer service charges identified in Table A
of Ordinance No. OCSD-38 and to update the property use classifications
identified in Table B; and
WHEREAS, Section 21080(b)(8) of the Public Resources Code states that
"the establishment, modification, structuring, or approval of rates, tolls, fares, or
other charges by public agencies which the public agency finds are for the
purpose of (A) meeting operating expenses, including employee wage rates and
fringe benefits, (B) purchasing or leasing supplies, equipment, or materials, (C)
meeting financial reserve needs and requirements, (D) obtaining funds for capital
projects necessary to maintain service within existing service areas, or (E)
obtaining funds necessary to maintain those intracity transfers as are authorized
by city charter" is not subject to CEQA; and
WHEREAS, Section 15273(a) of the California Code of Regulations states
that "CEQA does not apply to the establishment, modification, structuring,
restructuring, or approval of rates, tolls, fares, or other charges by public
agencies which the public agency finds are for the purpose of: (1) Meeting
operating expenses, including employee wage rates and fringe benefits, (2)
Purchasing or leasing supplies equipment, or materials, (3) Meeting financial
reserve needs and requirements, (4) Obtaining funds for capital projects,
necessary to maintain service within existing service areas, or (5) Obtaining
funds necessary to maintain such intra-city transfers as are authorized by city
charter"; and
WHEREAS, pursuant to Health and Safety Code sections 4766 and 5473,
the Board of Directors is authorized to elect to have the proposed local sanitary
sewer service charges 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, its
general taxes; and
WHEREAS, pursuant to Health and Safety Code section 5473.1, on May
6, 2013, and again on May 13, 2013, Notice of the Public Hearing regarding the
proposed local sanitary sewer service charges and the election to have such
charges collected on the tax role, which included the date, time and location of
the hearing, was published in The Orange County Register, a newspaper of
general circulation within the District published in the county where the District is
located; and
WHEREAS, on Wednesday, May 22, 2013 at 6:30 P.M., in the District's
Boardroom on the first floor of its Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, the District held a properly noticed public
hearing in order to receive and consider comments, including objections,
concerning the proposed extension of the stated effective period of the local
sanitary sewer service charges and the election to have such charges collected
on the tax roll; and
OCSD-43-3
WHEREAS, the Board of Directors has carefully reviewed the Wastewater
Revenue and Rate Study dated January 2013, and has considered the public
and Board comments, and the oral and written presentation by the District's staff
and consultants made at the May 22, 2013 public hearing, as well as any written
public comments.
NOW, THEREFORE, the Board of Directors of the Orange County
Sanitation District does hereby ORDAIN:
Section I. Findings. Based upon substantial evidence presented to
the Board of Directors, the Board of Directors of District hereby adopts the
following Findings supporting the extension of the existing fees adopted pursuant
to this Ordinance. The Board of Directors hereby finds:
A. That the extension of the effective period of the local sanitary
sewer service charges as identified in Table A herein is appropriate and ensures
adequate revenues to finance the acquisition, construction, reconstruction,
maintenance, and operation of the local sewer system facilities of the District,
and to retire any necessary or prudent debt incurred to finance such
improvements in a reasonable manner and over a reasonable period of time.
B. That the revenues derived under the provisions of this
Ordinance will be used for (i) the acquisition, construction, reconstruction,
maintenance, and operation of the local sanitary sewer system facilities of the
District, (ii) to repay principal and interest on debt instruments, and (iii) 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.
C. That the local sanitary sewer service charges established by
this Ordinance are reasonably related to, and do not exceed the funds required
to provide the property-related sewer services, and shall herein be levied on
each parcel to allow the District to recover the reasonable costs to provide a
service to individual properties which have been improved for different types of _
uses.
D. That the basis for the respective charge is not based on
potential or future use, but rather, is based upon the request of the owner of
property or a structure thereon, for the benefit of him/herfitsetf, or the occupants
of the property, to receive a service for actual use, consumption, and disposal of
water to the District's system in lieu of disposal by other means.
E. That the revenues derived from the local sanitary sewer
service charges shall not be used for any purpose other than that for which the
charge is imposed.
OCSD-43-4
F. That the local sanitary sewer service charges established by
this Ordinance 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 proportional cost of the sewer service attributable to the parcel for
which the fee is levied, as provided in California Constitution Article XIIID,
Section 6(b).
G. That the local sanitary sewer service charges established
herein are an extension of existing fees, and are not a new or increased fee or
charge. Therefore, the procedural requirements of Califomia Constitution Article
XIIID, section 6(a) do not apply.
H. That the local sanitary sewer service charges adopted herein
will not result in an expansion of facilities to provide for growth within or outside
the existing service area. The adoption of these local sanitary sewer service
charges will not result in any specific project, nor result in a direct physical
change in the environment.
I. That the Board of Directors is adopting the local sanitary
sewer service charges herein to (i) meet operating expenses, (ii) purchase or
lease supplies, equipment, or materials, (iii) meet financial reserve needs and
requirements, and (iv) obtain funds for capital projects necessary to maintain
service within former Revenue Area 7. Therefore, the Board finds and
determines, based upon substantial evidence, that the establishment of the local
sanitary sewer service charges are statutorily exempt from CEQA, pursuant to
Section 21080(b)(8) of the Public Resources Code and Section 15273(a) of the
California Code of Regulations.
J. That all fees and charges established herein have been
approved by the District's Board of Directors at a noticed public meeting, all in
accordance with applicable provisions of law.
Section It. Amendments.
A. Section 2.02 of Ordinance No. OCSD-38 is hereby deleted,
effective June 30, 2013, in its entirety and replaced, effective July 1, 2013, with
the following:
"Section 2.02. Annual Local Sewer Service Charge.
Commencing with the effective date of this Ordinance, the
owner of each parcel of real property located within the local
sewer service area operated and maintained by 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
OCSD-43-5
the District's system, shall pay an annual Local 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, below.
The annual Local Sewer Service Charges for residential users
are set forth in Table A. The last Local Sewer Service Charge
identified for fiscal year 2012-13 in Table A shall be extended
and shall remain in effect for each fiscal year thereafter unless
otherwise amended by the Board of Directors The applicable
single family residential rate shown in Table A is multiplied by
the applicable percentage figure shown on Table B with respect
to the particular use classification to arrive at the annual Local
Sewer Service Charge rate per 1,000 square feet for the
commercial or industrial user. The annual Local Sewer Service
Charges for commercial or industrial users are dependent upon
the respective classifications of property use, determined by
reference to Table B."
B. Table A of Ordinance No. OCSD-38 is hereby deleted,
effective June 30, 2013, in its entirety and replaced, effective July 1, 2013, with
the following:
"TABLE A
ANNUAL LOCAL SEWER SERVICE CHARGES
RESIDENTIAL USERS
YEAR 2008-09 2009-10 2010-11 2011-12 2012-13**
SFR* $199.00 $204.00 $208.00 $212.00 $216.00
MFR $139.30 $142.80 $145.60 $148.40 $151.20
SFR = SINGLE FAMILY RESIDENTIAL
MFR = MULTI FAMILY RESIDENTIAL
*The SFR fee is the minimum local sewer service charge any user must pay.
** The charges identified for 2012-13 shall continue and remain in effect for each
fiscal year thereafter unless otherwise amended by the Board of Directors."
C. Table B of Ordinance No. OCSD-38 is hereby deleted,
effective June 30, 2013, in its entirety and replaced, effective July 1, 2013, with
the following:
OCSD-43-6
TABLE B
ANNUAL LOCAL SEWER SERVICE CHARGES
PROPERTY USE CLASSIFICATIONS
Percentage of SFR
Assessor Use Code Description Per 1,000 SF or Unit
1 VACANT LAND PARCEL 0%
5 COMMON AREA PARCEL 0%
6 "HOLD" PARCEL 0%
8 EQUIV 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 HOME OWNERS EXEMPTION ADD'N 0%
666 UNASSIGNED VACANT 0%
777 SEPTIC TANK PROPERTY 0%
112 STEEL BUILDING 5%
113 MINI-WAREHOUSE 5%
58 NURSERIES (PLANTS) 9%
100 DRIVE-IN THEATER 9%
110 WAREHOUSE- SINGLE TENANT 11%
111 WAREHOUSE- MULTI TENANT 11%
115 RECREATIONAL VEHICLE STORAGE 11%
116 TRUCKTERMINAL 11%
44 LUMBER/CONSTR MATL YARD 18%
71 PARKING GARAGE 18%
72 PAVED PARKING LOT 18% -
33 CHURCH BUILDINGS 20%
94 DEPARTMENT STORE 22%
95 DISCOUNT STORE 22%
96 UNATTACHED SINGLE STORE 22%
97 STRIP STORE 22%
74 RECREATION VEHICLE PARK 23%
225 UNITED STATES POST OFFICE 28%
107 LIGHT INDUSTRIAL-SINGLE TENANT 30%
108 LIGHT INDUSTRIAL-MULTI TENANT 30%
109 RESEARCH AND DEVELOPMENT 30%
114 INDUSTRIAL PARK 30%
OCSD-43-7
40 HEALTH CLUB 33%
88 LOW DEMAND CENTER 36%
36 FINANCIAL BUILDINGS 39%
68 HIGH RISE OFFICE 39%
21 AUTOMOBILE DEALERSHIP 39%
22 AUTO REPAIR SHOP 39%
23 AUTOMOTIVE SERVICE 39%
24 USED CAR LOT 39%
39 GOLF COURSE 39%
57 MOTORCYCLE/SMALL VEHICLE BLDG 39%
83 AUTOMOTIVE SERVICE STATION 39%
84 MARINE SERVICE STATION 39%
86 COMBIN:SERVICE STN/CONVIENCE MKT 39%
65 SINGLE OFFICE SLOGS TO 3 STORIES 40%
66 SMALL OFFICE CENTER 40%
67 OFFICE COMPLEX 40%
69 CONVERTED RESIDENCE TO OFFICE 40%
65 COMBIN: SERV STN/RESTAURANT 42%
48 CONVENIENCE MARKET 44%
37 FRATERNAL BUILDINGS 49%
101 UNATTACHED THEATER 49%
7 MOBILEHOME 50%
55 MOBILE HOME PARK 52%
26 AIRPORT AND RELATED 56%
45 MARINAS 56%
32 CEMETERY& RELATED 56%
38 FUNERAL HOME 56%
3 TWO OR MORE SFR 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 26-40 UNITS ONLY 70%
16 41-99 UNITS ONLY 70%
17 100 OR MORE UNITS 70%
18 A MIX OF FORMS 70%
19 SFR WITH 1 OR 2 RENTALS 71%
4 MISC IMPROVEMENT 71%
28 BOWLINGALLEYS 71%
92 SKATING RINKS 71%
118 GOVERNMENTAL USE 79%
81 PRE-SCHOOLS, NURSERY OR CARE 80%
82 PRIVATE SCHOOLS 80%
98 STORE WITH OFFICES OR LIV QTR 80%
OCSD-43-8
99 STORE WI OFFICE UPSTAIRS 80%
47 SUPERMARKET 84%
89 AVERAGE DEMAND CENTER 92%
34 DORMITORY 99% -
61 CONVALESCENT HOSPITALS 99%
42 HOSPITAL 100%
2 ONE RESIDENCE 100%
103 CHEMICAL TANK AND BULK STORAGE 100%
104 FOOD PROCESSING PLANT 100%
105 COLD STORAGE PLANT 100%
106 FACTORY 100%
119 PUBLIC UTILITY 100%
120 WATER MUTUAL OR COMPANY 100%
888 CONVERSION-COMPOSITE PROP 100%
60 NURSING HOME 103%
62 CONVERTED RES USED AS NURSING 103%
63 LOW RISE RETIREMENT BUILDING 108%
64 HIGH RISE RETIREMENT BUILDING 108%
43 HOTELIMOTEL 109%
56 HOTELIMOTEL 109%
50 SINGLE MEDICAL BLDGS TO 3 STORIES 118%
51 SMALL MEDICAL CENTER 118%
52 MEDICAL CENTER COMPLEX 118%
53 HIGH RISE MEDICAL 118%
54 CONVERTED RESIDENCE TO MEDICAL 118%
20 AMUSEMENT PARKS 138%
35 ENTERTAINMENT CENTER 138%
73 RECREATION 138%
224 NIGHTCLUB 146%
90 HIGH DEMAND CENTER 149%
76 RESTAURANT-LOW DEMAND 212%
30 COIN OPERATED CAR WASH 252%
77 RESTAURANT- COFFEE SHOP 424%
78 RESTAURANT- DINNER HOUSE 424% -
79 RESTAURANT-CONVERSION FROM SFR 424%
29 CONVENTIONAL CAR WASH 1425%
223 LAUNDROMAT 1563%
NOTE: Multiply the Table A Single Family Residential Rate by the percentage figure above
in order to determine the rate per 1,000 square feet for the commercial or industrial user."
Section III. Collection of Fees.
A. Pursuant to the authority granted by California Health &
Safety Code Section 5473, and except as otherwise provided in Subparagraph B
below, all local sewer service charges established herein shall be collected on
OCSD-43-9
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.
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 Local 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 IV. Effect of Amendment. Except as expressly amended in Section
II herein and to the extent they have been expressly superseded herein, no other
amendments, changes, or modifications are being made to the remaining
portions of Ordinance No. OCSD-38. The remaining findings and provisions set
forth in Ordinance No. OCSD-38, or portions thereof, not superseded herein shall
continue in full force and effect.
Section V. Severability. If any provision of this Ordinance, or the application to
any person or circumstances 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 A. Effective Date. This Ordinance shall take effect July 1, 2013. -
Section VII. Certification and Publication. The Clerk of the Board shall certify
to the adoption of this Ordinance, and shall cause a summary to be published in
a newspaper of general circulation as required by law.
OCSD-43-10
PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of
Directors of the Orange County Sanitation District at a Regular Meeting held May
22, 2013. T
I
TROY EDGAIR,
CHAIR, BOARD F DIRECTORS
ORANGE COLIN SANITATION DISTRICT
ATTEST:
I at*�
MARIA A ALA
CLERK F THE BOARD
ORANGE COUNTY SANITATION DISTRICT
4k
BRADL Y q. HOGIR
GENERAL COUNSEL
OCSD-43-11
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
I, MARIA E. AYALA, Clerk of the Board of the Orange County Sanitation District,
do hereby certify that the above and foregoing Ordinance No. OCSD43 was passed
and adopted at a regular meeting of said Board on the 22nd day of May, 2013, by the
following vote, to wit:
Ayes: J. Anderson, T. Beamish, D. Benavides, J. Brandman (Alternate),
S. Choi, T. Diep, T. Edgar, S. Jones, P. Kim, M. Levitt, B.
Murdock, S. Nagel, P. Narain, S. Nelson, J. Nielsen, B. Ooten
(Alternate) B. Reese, J. Shaw, D. Shawver, F. Smith, T. Smith and
J. Withers.
Noes: NONE
Absent: K. Curry
Abstentions: J. Nguyen
IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of May,
2013.
Mar i E. Ayala
Cle < of the Board
Orange County Sanitation District