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Agenda Item
ASR
Control 24-001127 |
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MEETING
DATE: |
06/24/25 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
4 |
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SUBMITTING Agency/Department: |
OC
Public Works (Approved) |
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Department contact person(s): |
Tim
Corbett (714) 667-8892 |
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Zac
Henson (714) 834-7452 |
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Subject: Approve La Mirada County Service
Area No. 13 Assessments for Sewer Services
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Resolution to Form |
Public
Hearing |
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3
Votes Board Majority |
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Budgeted: N/A |
Current Year
Cost: N/A |
Annual Cost: FY 2025-26 $22,816 |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 7/13/2021 #29, 7/14/2020 #36,
7/16/2019 #30, 7/17/2018 #37 |
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RECOMMENDED
ACTION(S):
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1. |
Find that the
subject project is Statutorily Exempt from the provisions of CEQA pursuant to
Section 21080(b)(8) of the Public Resources Code and Section 15273 of the
CEQA Guidelines as CEQA does not apply to the establishment or modification,
structuring, restructuring or approval of rates, tolls, fares and other
charges by a public agency for the purpose of meeting operating expenses,
including employee wage rates and fringe benefits; purchasing or leasing
supplies, equipment or materials as set forth herein. |
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2. |
Conduct a Public
Hearing pursuant to Article XIII D of the California Constitution, Section
6(a)(2). |
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3. |
Adopt a
Resolution pursuant to Government Code Section 25215.5 confirming and
approving the prepared fee report adopting a $142.14 annual sewage unit fee
for La Mirada County Service Area No. 13 to be collected beginning on the FY
2025-26 tax roll and continuing for subsequent fiscal years for La Mirada
County Service Area No. 13; direct the
Clerk of the Board to file with the Auditor-Controller a copy of the fee
report with a statement endorsed on the report that the report has been
adopted by the Board of Supervisors; authorize and direct the
Auditor-Controller to enter the $142.14 charge annually against the
respective parcels of La Mirada County Service Area No. 13 as they appear on
the assessment roll. |
SUMMARY:
Adoption of the Resolution and fee
report for the La Mirada County Service Area No. 13 will provide the funds
required to recover the County of Los Angeles Department of Public Works costs
for connection of sewer lines and Orange County annual maintenance costs to the
properties in the unincorporated area of northern Orange County.
BACKGROUND
INFORMATION:
On July 26, 1967, the Board of
Supervisors (Board), acting as the governing body, established the La Mirada
County Service Area No. 13 (CSA No. 13), an unincorporated Orange County island
of 127 properties bounded by the cities of Buena Park and La Mirada. Due to the
area’s topography, wastewater from these properties flows into infrastructure
managed by Los Angeles County Department of Public Works (LA County), which
provides sewer connections and sewage disposal services for CSA No. 13. LA
County charges the County of Orange (County) an annual sewer disposal service
(Service) fee, which the County recovers through property tax special
assessments on CSA No. 13. The collected funds are then used to reimburse LA
County
Starting in FY 2020-21, OC Public
Works implemented annual maintenance that includes flushing and cleaning of the
sewer system lines to ensure proper flow and verify the sewer lines are clear
of any blockages. This annual maintenance activity reduces the risk of sewage
spills, which could have negative environmental and financial impacts. Routine
maintenance alleviates leaking pipes and extends the life of the sewer lines.
The current rate has remained
unchanged since FY 2021-22. Due to rising sewer hookup costs in LA County and
increased maintenance and inspection costs for the County, OC Public Works
conducted a fee study, which resulted in a proposed service fee in the amount
of $142.14, effective in FY 2025-26. The proposed service fee anticipates
recovery of all LA County sewer hookup costs and County annual maintenance and
video inspection costs in accordance with Board full cost recovery policy.
Service fees previously approved by the Board are shown below:
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Board Date |
Resolution |
Service Fee |
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7/17/2018 |
18-073 |
$53.80 |
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7/16/2019 |
19-067 |
$53.80 |
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7/14/2020 |
20-096 |
$83.00 |
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7/13/2021 |
21-083 |
$83.00 |
The service fee is not subject to
the voting requirements of Article XIII D (Proposition 218) of the California
Constitution (Constitution). On April 25, 2025, the County sent written notices
of the proposed annual service fee to all property owners within CSA No. 13 to
allow for the 45-day notice period prior to the public hearing. Should the
County receive written protests from a majority of property owners within CSA
No. 13, the County cannot impose the service fee.
The $18,052 projected revenue from
the Service fee and the $4,764 projected revenue from property tax
apportionment will be used to pay LA County and Orange County annual sewer
maintenance and other administrative expenses.
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CSA No. 13 La Mirada Fund 468 Sewer Service Fee Based on Forecast FY 2025-26 |
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EXPENDITURES: |
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Payment
to LA County for Sewer Service and Other Expenses Property Tax Apportionment |
$8,192 |
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Annual
Sewer Maintenance Expense |
$13,000 |
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County
Administration Expenses |
$1,625 |
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Total Expenditures |
$22,816 |
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REVENUES: |
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Property
Tax Apportionment |
($4,764) |
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Proposed
Sewer Service Fee (127 Sewer Connections x $142.14) |
($18,052) |
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Total Revenues |
($22,816) |
Proposition
26: The
property-related fee is not a tax as defined by Article XIII A of the
Constitution. Article XIII C provides a specific exemption for: 1) a charge
imposed for a specific benefit conferred or privilege granted directly to the
payer that is not provided to those not charged and does not exceed the
reasonable costs to the local government of conferring the benefit or granting
the privilege and 2) assessment and property related fees in accordance with
the provisions of Proposition 218. All notices required by Proposition 218 of
the Constitution have been given and the procedures set forth herein comply
with the procedural requirements (Article XIII D Section 6, Government Code
Section 53755).
Compliance
with CEQA: The
proposed activity is statutorily exempt from review under CEQA pursuant to
Section 21080(b)(8) of the Public Resources Code and Section 15273 of the CEQA
Guidelines as CEQA does not apply to the establishment or modification of
rates, fees and charges, which are for the purpose of meeting operating
expenses, including employee wage rates and fringe benefits, purchasing or
leasing supplies, equipment or materials.
FINANCIAL
IMPACT:
Appropriations and revenue in
accordance with this action are included in the FY 2025-26 Recommended Budget
for CSA No. 13, Fund 468. Annual sewer hookup and maintenance costs will be
recovered through the Service Fee Assessments and Property Tax revenues
received in CSA No. 13.
STAFFING
IMPACT:
N/A
REVIEWING
AGENCIES:
Auditor-Controller
ATTACHMENT(S):
Attachment
A - Resolution
Attachment B - Affidavit of Mailing
Attachment C - County Service Area No. 13 Location Map
Attachment D - County Service Area No. 13 Fee Study
Attachment E - County Service Area No. 13 Fee Checklist
Attachment F - Notification of Sewer Service Charge
Attachment G - Public Resources Code Section 21080(b)(8)
Attachment H - Article XIII D California Constitution, Section 6(a)(2)
Attachment I - California Government Code Sections 25215.5 and 53755