File #: 2023-2839    Version: 1 Name:
Type: Public Hearing Status: Passed
File created: 2/23/2023 In control: BOARD OF DIRECTORS
On agenda: 3/22/2023 Final action: 3/22/2023
Title: PROPOSED ORDINANCE NO. OC SAN-58 ADOPTING REGIONAL SEWER SERVICE CHARGES
Sponsors: Lorenzo Tyner
Attachments: 1. Agenda Report, 2. Ordinance No. OC SAN-58, 3. OC SAN 23-10 Authorize Charges on Tax Roll, 4. Cost Savings Measures Memo, 5. Correspondence received to date in response to Proposition 218 notification to parcel owners
Related files: 2023-2735, 2023-2806, 2023-2982, 2023-2946

FROM:                     Robert Thompson, General Manager

                     Originator: Lorenzo Tyner, Assistant General Manager 

 

SUBJECT:

 

title

PROPOSED ORDINANCE NO. OC SAN-58 ADOPTING REGIONAL SEWER SERVICE CHARGES

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GENERAL MANAGER'S RECOMMENDATION

 

recommendation

RECOMMENDATION: 

A.       Conduct a Public hearing under Proposition 218 for Proposed Multi-Year Regional Sewer Service Charges and under Health and Safety Code Section 5473.1 for collection of charges on the tax roll.

 

                     Open Public Hearing

                     Receive Public Comment

                     Close Public Hearing

 

B.       Direct the Clerk of the Board to tabulate the results of the protest received and report the number of protests to the Board of Directors.

 

If no majority protest:

 

C.       Motion to read Ordinance No. OC SAN-58 by title only and waive second reading of said entire ordinance.

 

D.       Adopt Ordinance No. OC SAN-58, entitled: “An Ordinance of the Board of Directors of Orange County Sanitation District Adopting Regional Sewer Service Charges and Repealing Ordinance No. OCSD-49”; and

 

E.       Adopt Resolution No. OC SAN 23-10, entitled:  “A Resolution of the Board of Directors of the Orange County Sanitation District Directing the County Tax Collector-Treasurer to Include Regional Sanitary Sewer Service Charges on the Tax Roll for Fiscal Years 2023-2024 Through 2027-2028.”

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BACKGROUND

 

The Orange County Sanitation District’s (OC San) current five-year sewer fee rate schedule expires at the end of the current fiscal year.  OC San engaged HDR Engineering, Inc., an engineering consulting firm, to provide an independent analysis of OC San’s cash flow modeling and a comprehensive cost of service study to ensure the appropriate allocation of costs and fees.  This study has been completed and received and filed by the Board in December of 2022.  It demonstrates that OC San’s proposed fees are appropriate, reasonable, and will support projected capital and operating requirements.  Based upon the Study, the Facilities Master Plan, forecasted operating expenses, and cash flow modeling, staff recommends annual increases on average of 3.5%.  It is anticipated that this increase will be less than average inflation rates and will support OC San’s programs while maintaining appropriate reserve levels.

 

The proposed five-year rate schedule provides for equitable and proportionate distribution for the cost of service of operating OC San’s wastewater system:

 

FY 2023-24

FY 2024-25

FY 2025-26

FY 2026-27

FY 2027-28

$358

$371

$384

$397

$411

 

 

RELEVANT STANDARDS

 

                     Stable rates, no large unforeseen rate increases

 

PROBLEM

 

OC San’s Board of Directors approved a five-year rate schedule in 2018 which expires at the end of the current fiscal year.

 

PROPOSED SOLUTION

 

Adopt an Ordinance with the new proposed five-year rate schedule based on the 2022 rate study completed by HDR Engineering, Inc.

 

TIMING CONCERNS

 

February 3, 2023 - Notifications Mailed

February 22, 2023 - First Reading of the Ordinance

March 22, 2023 - Public Hearing, Second Reading, and Adoption of the Ordinance

July 1, 2023 - Ordinance takes effect

 

RAMIFICATIONS OF NOT TAKING ACTION

 

Existing sewer service fees will be insufficient to support OC San’s operating expenses and new facilities included in the Facilities Master Plan.

 

PRIOR COMMITTEE/BOARD ACTIONS

 

February 2023 - Introduced Ordinance No. OC SAN-58.

 

December 2022 - Receive and file the Orange County Sanitation District’s 2022 Wastewater Rates, Fees, and Charges Study completed by HDR Engineering, Inc.

 

March 2018 - Adopted Ordinance No. OCSD-49.

 

December 2017 - Adopted the 2017 Facilities Master Plan as OC San’s New Master Plan for Future Capital Planning.

 

ADDITIONAL INFORMATION

 

Based on the results of the rate study completed by HDR Engineering, Inc., OC San staff recommends a five-year revenue program which includes an increase on average of 3.5% annually for the next five years.

 

Rate Development Schedule

1)                     June 2022 - Board Meeting - Budget and 10-year Cashflow Approval

2)                     May 2022 - November 2022 - Development of the Independent Rate Study

3)                     December 2022 - Administration Committee - Rate Study Review and Approval

4)                     December 2022 - Board Meeting - Independent Rate Study Review and Approval

5)                     December 2022 - Board Meeting - Approval to issue Proposition 218 Notices

6)                     February 2023 - Proposition 218 Notice Mailed

7)                     February 2023 - Administration Committee - Introduce Rate Ordinances -Budget Assumptions for 2023-24

8)                     February 2023 - Board Meeting - Rate Ordinances - First Reading

9)                     March 2023 - Board Meeting - Rate Ordinances - Second Reading - Adoption

 

CEQA

 

N/A

 

FINANCIAL CONSIDERATIONS

 

This request complies with authority levels of OC San’s Purchasing Ordinance.  This item has been budgeted. 

 

ATTACHMENT

The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package:

 

                     Ordinance No. OC SAN-58

                     Resolution No. OC SAN 23-10

                     Cost Saving Measures Memorandum

                     Correspondence received to date in response to Proposition 218 notification to parcel owners