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08 - Annual Assessment of Charges Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors Via: Scott Carroll, General Manager From : Alan Burns, District Counsel Date: July 24 , 2014 Subject: Resolution No. 2014 -851 – Imposing Charges on the Assessment Roll for Solid Waste Collection & Resolution No. 2014 -852 – Imposing Charges on the Assessment Roll for Liquid Waste Collection Summary The District adopted the procedures authorized by Health and Safety Code Section 5470 that allows solid waste and wastewater charges to be collected on the assessment roll. To do so we must adopt a report assessing the charges against the parcels every year. The proposed resolutions make those assessments. Staff Recommendation That the Board of Directo rs adopt Resolution No. 2014 -851 adopting the annual assessment of charges for solid waste collection services and Resolution No. 2014 -852 – Imposing Charges on the Assessment Roll for Liquid Waste Collection . Analysis The District has adopted the procedures provided in Health and Safety Code Section 5470 to allow our solid waste and liquid waste collection charges to be collected with other taxes on the County assessment roll. To be able to do so, the Distric t went through a mailed notice proceeding and the process was implemented in the early 1990s. Since that implementation, Proposition 218 was passed (Article XIIID of the Calif ornia Constitution) which required that fees must be justified as proportional an d in other ways proper whenever a new fee or increase is needed. That proceeding also requires mailed notice Board of Directors July 24 , 2014 Page 2 of 4 and a protest hearing. This year no fees are being increased for solid waste, but fees for liquid waste collection will increase by 2% for all clas ses. The fee increase is part of a five year Wastewater Rate Plan that was approved by the Board of Directors on June 27, 2013. Prior to approving the Wastewater Rate Plan, the District followed Proposition 218 procedures so said procedures are not requi red this year . However, we are still required t o annually assess both the solid waste and wastewater charges by parcel for the Assessor. The procedu re to assess parcels must be adopted after a noticed public hearing, in which notice is published two weeks before in an appro priate newspaper . Said notice was published in The Daily Pilot on Friday, July 11, 2014 (see attachment). The District will provide the County with an electronic version of a report which contains a description of each property re ceiving services and the charges. The real property may be described by reference to the assessor’s parcel map description. The hearing should be held to consider objections or protests to the assessments. Upon conclusion of the hearing, the B oard may adopt the resolutio n approving the assessments to be filed with the Auditor. The District Clerk must then file the assessments with the Auditor be fore August 10. She must confirm that the charges were adopted by the Board. The Auditor must then enter the charges ag ainst the parcels on the assessment roll. The charges are then collected by the Assessor and if the charges are not paid, there are procedures for liens, penalties and collections. Strategic Plan Element & Goal This item complies with the objective and s trat egy of Strategic Element 7.0., Finances , which states: “Objective: To ensure the short and long -term fiscal health of the District .” “Strategy: The District will forecast and plan revenue and expenditures and maintain appropriate reserves and investments to provide financial resources to fund current and planned operations and projects .” Legal Review District Counsel prepared this staff report and resolution s that are attached hereto. Environmental Review CEQA does not apply to setting rates that are not designed to expand the system or increase services. Public Resources Code 21080(b)(8); CEQA Guidelines 15273. Board of Directors July 24 , 2014 Page 3 of 4 Financial Review The adopted Solid Waste rate for the fiscal year 2014 -15 is the same as the prior fiscal year. Therefore, the an nual charge of $216 will generate an estimated $4,659,000 as reflected in the adopted budget. The adopted Liquid Waste rate increased by 2.00% over the prior fiscal year in accordance with the District’s Five Year Sewer Rate Study completed in December 2012. The annual charges are estimated to $5,212,000 as shown in the adopted budget. Public Notice Process Since the five year Wastewater Rate Plan was adopted on June 27, 2013 and rates are not being increased for solid waste , this matter does not require mailed protest hearing statements but is properly noticed with two weeks newspaper notice in accordance with Government Code Section 6066. Copies of this report are on file and will be included with the entire agenda packet for the July 24 , 2014 B oard of Directors regular meeting at District Headquarters and on the District’s website. Alternative Actions 1. Refer the matter back to staff. Attachment s : A: Resolution No. 2014 -851 B: Resolution No. 2014 -852 C: Notice Published in The Daily Pilot Customer Class Per Month Per Year Single family residential 18.00 $ 216.00 $ Solid Waste Rates for FY 2014-15 Customer Class Per Month Per Year Per Month Per Year Residential (Per Dwelling Unit)Single Family 7.11 $ 85.34 $ 7.25 $ 87.05 $ Multi Family 4.17 50.09 4.26 51.09 Non-Residential (Per 1000 sq. ft.)Commercial - Ave Strength 3.16 37.96 3.22 38.72 Commercial - High Strength 3.45 41.40 3.51 42.23 Industrial (per 1000 sf)8.12 97.44 8.28 99.39 Fiscal Year 2014-15 Fiscal Year 2013-14 Liquid Collection Rates for FY 2014-15 Board of Directors July 24 , 2014 Page 4 of 4 Reviewed by: Wendy Davis Finance Manager RESOLUTION NO. 201 4 -851 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT IMPOSING CHARGES ON THE ASSESSMENT ROLL FOR SOLID WASTE COLLECTION THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORN IA, HEREBY RESOLVES AS FOLLOWS : WHEREAS , the Board of Directors has adopted the procedures authorized by California Health and Safety Code Section 5470 et seq. for the collectio n of rates and charges for solid waste collection on the assessment roll; and WHEREAS , the Board of Directors has further complied with Calif ornia Constitution, Article XIIID (Proposition 218) in establishing those fees, including a 45 postcard notice each time those fees are increased; and WHEREAS , the Board of Directors does her eby desire to conduct its annual assessment of the properties with in the District by adopting those charges in compliance with H ealth and Safety Code 5473; and WHEREAS , the Board of Directors has conducted a public hearing after providing notice in acco rdance with H ealth and Safety Code 5473 .1; NOW THEREFORE, THE BOARD DOES HEREBY: 1. Adopt the charges for eac h parcel which constitutes the report assessing those properties on the assessment roll in accordance with Hea lth and Safety Code Section 5473 whic h shall be filed with the District Clerk which describes every parcel receiving services and the amount of the charge for each year. 2. Directs the District Clerk to file with the Auditor a copy of the report prepared pursuant to Hea lth and Safety Code Secti on 5473 with a statement endorsed on the report over her signature that the charges constituting the report has been finally adopted by the Board of Directors and the Auditor shall enter the amounts of the charges against the parcels on the current assessm ent roll. PASSED and ADOPTED on this 24 day of July 2014 . ________________________________ ________________________________ Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District Board of Directors Board of Di rectors STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, Noelani Middenway , Clerk of the Costa Mesa Sanitary District, hereby certify that the above a nd foregoing Resolution No. 201 4 -851 , was duly and regularly passed and adopte d by said Board of Directors at a regular meeting thereof held on the _______ day of ________________ 201 4 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this ____ day of ___________________201 4 . __________________________________ Clerk of the Costa Mesa Sanitary District RESOLUTION NO. 201 4 -852 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT IMPOSING CHARGES ON THE ASSESSMENT ROLL FOR LIQUID WASTE COLLECTION THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFOR NIA, HEREBY RESOLVES AS FOLLOWS : WHEREAS , the Board of Directors has adopted the procedures authorized by California Health and Safety Code Section 5470 et seq. for the collectio n of rates and charges for liquid waste collection on the assessment roll; an d WHEREAS , the Board of Directors has further complied with Calif ornia Constitution, Article XIIID (Proposition 218) in establishing those fees, including a 45 postcard notice each time those fees are increased; and WHEREAS , the Board of Directors does h ereby desire to co nduct its annual assessment of the properties with in the District by adopting those charges in compliance with H ealth and Safety Code 5473; and WHEREAS , the Board of Directors has conducted a public hearing after providing notice in acc ordance with H ealth and Safety Code 5473 .1; NOW THEREFORE, THE BOARD DOES HEREBY: 1. Adopt the charges for eac h parcel which constitutes the report assessing those properties on the assessment roll in accordance with Hea lth and Safety Code Section 5473 whi ch shall be filed with the District Clerk which describes every parcel receiving services and the amount of the charge for each year. 2. Directs the District Clerk to file with the Auditor a copy of the report prepared pursuant to Hea lth and Safety Code Sect ion 5473 with a statement endorsed on the report over her signature that the charges constituting the report has been finally adopted by the Board of Directors and the Auditor shall enter the amounts of the charges against the parcels on the current assess ment roll. PASSED and ADOPTED on this 24 day of July 2014 . ________________________________ ________________________________ Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District Board of Directors Board of D irectors STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, Noelani Middenway , Clerk of the Costa Mesa Sanitary District, hereby certify that the above a nd foregoing Resolution No. 201 4 -852 , was duly and regularly passed and adopt ed by said Board of Directors at a regular meeting thereof held on the _______ day of ________________ 201 4 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this ____ day of ___________________201 4 . __________________________________ Clerk of the Costa Mesa Sanitary District Product(s): Daily Pilot, dailypilot.com, CApublicnotice.com_DP AdSize(s):1 Column, Run Date(s):Friday, July 11, 2014 Color Spec.B/W Preview Order ID:2525277 Page 1 of 1 7/9/2014 1:37:43 PM Printed:GROSS PRICE * :$47.88 * Agency Commission not included Legal-DP-Notices PACKAGE NAME: