HomeMy WebLinkAboutOCSD 16-09RESOLUTION NO. OCSD 16-09
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT DIRECTING THE
COUNTY TAX COLLECTOR-TREASURER TO INCLUDE LOCAL
SANITARY SEWER SERVICE CHARGES ON THE TAX ROLL
FOR FISCAL YEAR 2016-2017, AND FOR EACH FISCAL YEAR
THEREAFTER UNLESS OTHERWISE AMENDED BY THE
BOARD.
The Board of Directors of the Orange County Sanitation District ("District") does
hereby find:
A. On May 22, 2013, the Board of Directors adopted 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.
B. By adoption of Ordinance No. OCSD-43, the Board of Directors elected
to (i) extend the effective period of local sanitary sewer service charges, (ii) continue to
adopt, impose, and collect rates and charges for local sanitary sewer services provided
by the District, and (iii) correspondingly established procedures related thereto.
C. California Health & Safety Code section 5473 provides that such
charges, as adopted by District Ordinance No. OCSD-43, may 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 separate from, its general taxes.
D. The charges established by Ordinance No. OCSD-43 reflect an
allocation of the costs of operation and maintenance of the local sanitary sewer system,
such that the charges do not exceed the estimated reasonable costs to provide the
wastewater collection, treatment, and disposal services and facilities, and the revenues
received are not used for any other purpose.
E. The District entered into an agreement with East Orange County Water
District (EOCWD) on February 27, 2014 to transfer ownership and the responsibility for
the local sewers in Service Area 7 from OCSD to EOCWD and extended this agreement
through 2016.
F. The Orange County Local Agency Formation Commission ("LAFCO")
approved the transfer of ownership in and the assumption of responsibility for the Local
Sewer Facilities to EOCWD on April 13, 2016.
1155844.2 OCSD 16-09-1
G. The LAFCO approval was adopted as Resolution of the Orange County
Local Agency Formation Commission RO 14-01 ("LAFCO Resolution 14-01 ") on
May 11, 2016 and is subject to several terms and conditions, one of which requires
EOCWD to reduce the Local Sewer Service User Fee (the "Fee") to half the rate
currently charged by the District as described in the final Plan for Service and Financial
Projections submitted to LAFCO by EOCWD.
H. The LAFCO action on May 11, 2016 will be subject to a 30 day protest
period. As a result, the earliest date the responsibility for the local sewer lines in Area 7
will transfer to EOCWD is July 13, 2016.
I. Due to Proposition 218 requirements, it is not feasible for EOCWD to
immediately collect the Fee. In the interim, LAFCO required the District to continue to
collect, account for, and promptly transmit any such revenues it receives from the
County property tax roll collection that are attributable to the Fee imposed in Service
Area 7 until such time as EOCWD is able to establish its own Annual Local Sewer
Service User Fee.
J. Pursuant to California Constitution Article XlllD (Proposition 218),
sanitary sewer service charges constitute charges for property-related services. The
local sanitary sewer service charges set by Ordinance No. OCSD-43 comply with the
provisions of Article XlllD, in that they do not exceed the cost to provide the local service
and facilities.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation
District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER:
Section 1: That the rates and charges set forth in Ordinance No. OCSD-43 are
affirmed herein by the Board of Directors, as consistent with the findings hereinabove
stated, for Fiscal Year 2016-2017, and for each fiscal year thereafter unless otherwise
amended by the Board, in the following amount:
Annual Local Sanitary Sewer Service User Fees
Residential Users
FISCAL YEAR 2016-17, and for each fiscal year thereafter.
SFR $108.00
MFR $ 75.60
SFR =Single Family Residential
MFR= Multi-Family Residential
Section 2: That pursuant to California Health & Safety Code Section 5473,
LAFCO Resolution RO 14-01, and only upon completion of the transfer of the local
sewer lines in Area 7 to EOCWD, the Board hereby elects and directs the County Tax
1155844.2 OCSD 16-09-2
Collector-Treasurer to include local sanitary sewer service charges, as adopted by
Ordinance No. OCSD-43 , 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; and that
such local sanitary sewer service charges be included in the annual property tax bills
for Fiscal Year 2016-2017, and for each fiscal year thereafter unless otherwise
amended by the Board .
Section 3: That pursuant to California Health & Safety Code Section 5473, this
Resolution shall remain in full force and effect until amended or repealed, or until such
time as the rates of local sanitary sewer service charges, as established by Ordinance
No. OCSD-43, are changed by the Board or are repealed by the Board and adopted by
the EOCWD.
Section 4: That the General Manager, or his designee, be, and is hereby
authorized and directed, to execute any necessary documents or agreements to affect
the order set forth in Section 2 herein.
Section 5: That the provisions of any Resolution(s) previously adopted by the
Orange County Sanitation District that are in direct conflict with the provisions of this
Resolution No. OCSD 16-09 are hereby superseded.
Section 6: That the General Manager, or his designee, is hereby authorized to
forward a copy of this Resolution to the Orange County Tax Collector-Treasurer.
PASSED AND ADOPTED at a regular me ting o d of Directors held
May 25, 2016.
iesen
range County Sanitation District
./
11 55844 .2 OCSD 16-09-3
STATE OF CALIFORNIA
) SS
COUNTY OF ORANGE
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No . OCSD 16-09 was passed
and adopted at a regular meeting of said Board on the 25th day of May 2016, by the
following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Beamish ; Beard (Alternate); Choi ; Curry; Deaton; Ferryman;
Hupp (Alternate); Kiley ; Kim; Kring ; Mills ; R. Murphy ; Nagel;
Neugebauer; Nielsen; Peterson (Alternate); Sebourn;
Shawver; F. Smith; T. Smith; Steel; Wanke; Withers ; and
Yarc
None
None
Tinajero
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official
seal of Orange County San itation District this 25th day of May 2016 .
Kel y A.
Cle k oft Board of Directors ·I '
Orange County Sanitation District
115 5844.2 OCSD 16 -09 -4