HomeMy WebLinkAboutS30 - OC Sanitation District's Proposed Rate IncreaseCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item s30
February 26, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Homer Bludau, City Manager
949/644 -3000 or hbludau @city.newport- beach.ca.us
SUBJECT: CITY COUNCIL'S POSITION ON THE ORANGE COUNTY SANITATION
DISTRICT'S PROPOSED RATE INCREASE
ISSUE:
Does the City Council desire to take a position of support or opposition to the OC
Sanitation District's proposed service fee rate increase and convey its position at the
District's Board at its meeting on February 27`h?
RECOMMENDATION:
Take a position and have the Council's representative to the District vote that position at
the February 27`h Board meeting. Appoint a Council representative to attend the
meeting and vote if the representative and the alternate cannot attend.
Background: The Orange County Sanitation District (OCSD) is the sixth largest
wastewater treatment agency in the United States, serving a 470 square mile service
area. The District is governed by a Board of 25 Directors, with Newport Beach having a
seat on the Board. Councilman Don Webb is the current Council representative, and
Mayor Pro Tern Leslie Daigle serves as the Council's alternate.
OCSD is proposing a rate increase over each of the next five years. Starting with 2008-
09, the annual service fee charge for the collection, treatment and disposal of sewage
would average $201 for residential properties, depending on the usage. The fee would
increase roughly $20 per year through 2012 -13, when the average annual residential
rate would be $294. The District's fee increase rationale is based on increased costs of
chemicals, managing biosolids, maintaining clean beaches, moving to additional
secondary treatment; and maintaining the water reclamation Ground Water
Replenishment System.
The OCSD's staff report for the item is attached, along with information obtained from
the web site.
Orange County Sanitation District's Proposed Rate Increase
February 26, 2008
Page 2
Fiscal impacts: The rate increase would also affect the charge for City facilities, and
staff will have that impact by the time of the Council meeting.
Environmental Issues: Going to full secondary wastewater treatment would have a positive
effect on ocean water quality and our beaches. Any CEQA issues would be the responsibility of
the Orange County Sanitation District.
Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in
advance of the public meeting at which the City Council considers the item).
Submitted by:
W^-4'—'ze Z--� ��
Homer Bludau
City Manager
AGENDA REPORT
Orange County Sanitation District
Meeting Q3te To Bd. of Dir.
B2127XB
Item Number I Item Number
FROM: James D. Ruth, General Manager
Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: PROPOSED FIVE -YEAR SEWER SERVICE USER FEE SCHEDULE
GENERAL MANAGER'S RECOMMENDATION
Adopt Ordinance No. OCSD -35, An Ordinance of the Board of Directors of Orange
County Sanitation District Establishing Sanitary Sewer Service Charges and Repealing
Article II of Ordinance No. OCSD -32:
ADOPTING REVISED TABLE A RE RESIDENTIAL USER FEES, AND REVISED
SECTION 2.03D, LIMITATIONS PERIOD
a. Motion to read Ordinance No. OCSD -35 by title only and waive reading of said entire
ordinance.
b. Motion to adopt Ordinance No. OCSD -35, An Ordinance of the Board of Directors of
Orange County Sanitation District Establishing Sanitary Sewer Service Charges and
Repealing Article II of Ordinance No. OCSD -32.
SUMMARY
During a series of workshops held in August through October 2007, the Board of
Directors and staff reviewed the Sanitation Districts proposed Five -Year Strategic Plan
and options for financing the plan. The financing plan addressed the Sanitation
Districts operating and capital programs for the period covering FY 2008 -09 through
FY 2012 -13. On December 17, 2007, the Board unanimously approved the District's
Strategic Plan which included rate increases of 10.5 percent, 10.0 percent, 10.0
percent, 9.8 percent and 9.8 percent respectively to support its implementation.
The net effect of adopting the attached five -year rate ordinance will be to increase
annually the single - family residential rate (SFR), the basis for all sewer service charges,
10.5 percent, 10.0 percent, 10.0 percent, 9.8 percent and 9.8 percent, respectively.
FISCALYEAR
2008 -09
2009 -10
2010 -11
2011 -12
2012 -13
SFR"
$201.00
$221.00
$244.00
$267.00
$294.00
MFR
$140.70
$154.70
$170.80
$186.90
$205.80
SFR = SINGLE - FAMILY RESIDENTIAL
MFR = MULTI - FAMILY RESIDENTIAL
'The SFR tee Is the minimum sanitary sewer service charge any user must pay
J
ADDITIONAL INFORMATION
Historically, the District has sought to increase our overall sewer user fees in small
annual increments, using some debt financing to smooth the impact of the capital
improvement program. With the public interest in Improved effluent quality and the
Board's decision to meet secondary treatment discharge standards, it is appropriate to
evaluate larger, near -term rate increases, in order to match the requirements of the
capital improvement program and to reduce the long -term rate impacts of additional
future debt financing and interest costs.
The Directors last adopted a five -year rate plan in 2003 that included debt financing for
$1.4 billion of the $2.8 billion capital improvement and rehabilitation, refurbishment and
replacement program. By authorizing this amount of borrowing, the Directors were able
to limit projected annual sewer user fee increases to approximately 15% (approximately
$18 per year) each year through 2007 -08.
Included in staff's recommendation on "Adopting Revised Limitations Period" is a
proposed revision on the limitation period for rebates. Currently, the Sanitation District
allows for a rebate period covering the current year and the preceding four years.
Recently, the County Auditor- Controller has limited the processing of our rebates from
the current year and preceding four years to the current year and preceding three years.
Staff is now recommending that the rebate limitation period be revised to coincide with
what the County of Orange is willing to process.
Without a Board action (by 2/3 majority), the SFR rate will remain at the current $182.00
per year. The $201 rate recommended for 2008 -09 will generate approximately $204
million of user fees; an annual increase of $20.1 million over the prior year.
All properties located within Revenue Area No. 14 pay no annual service fees.
Sanitation District costs relating to providing service to these properties are billed by the
Sanitation District directly to the Irvine Ranch Water District; the local agency providing
the local sewer service.
There are no extraordinary costs associated with the recommendation.
Schedule for Implementinq Sewer Service Fee Increase
15t Reading of Fee Ordinance
2nd Reading, Public Hearing, & Adoption of Fee Ordinance
Ordinance is effective in 30 days, or in the new fiscal year
Fees per parcel due to County Auditor - Controller
Rate Increase Chronology
June 2003
C]Documerts and Setling"artiMMV OocurrenIMPGSMNG FOLDERIItem 1 ZRale Ordinance.doc
Revised: GGA3003
January 23, 2008
February 27, 2008
July 1, 2008
August 11, 2008
Page 2
1) 1n June 2003, the Board approved a revised Capital Improvement Plan (CIP).
2) To support this Cl P, staff recommended a five -year plan which included rate
increases averaging 20 %.
3) The Board directed staff to issue a Proposition 218 public notice stating the rates
would increase by an amount not to exceed a total of 20% annually over the next
five -year period.
4) While the increases were tentatively approved and noticed, the Board chose not to
implement the full 20% increase for 2003/04.
5) The Board did discuss alternatives between 10 -20 %.
6) Ultimately, the Board acted to implement a 15% increase in 2003/04.
7) Staff reset the budget and long -term cash flow model to reflect the annual increases
of 15% for the subsequent five -year period.
8) Board policy stated that 50% of all future capital improvements (approximate
percentage of non - capacity related projects), would be funded from current revenues
and the remaining 50% through debt financing. However, reducing the projected
annual rate increases to 15% required as deviation from that policy in order to
support the capital program. As of July 2003, the ratio of CIP funded debt increased
to 62 percent. By July 2005, this ratio decreased to 58 percent. The debt fiscal
policy has subsequently been changed to provide additional flexibility when
addressing this Sanitation Districts capital program and debt issuances.
9) While the five -year plan was still in place, the Board directed staff to bring back the
rate schedule for annual adoption.
June 2004
Through the adoption of the 2004/05 Budget, the Board acted to implement a portion
of the 20% rate increase included in the five -year plan.
2. The Board acted to implement a 15% rate increase for 2004/05.
C]Docum nisanO Sefling9iprclaWY DacumentelPOSTING FOtOER10eml 2. Rate Ordinance.=
Revised 06104103 Page 3
G�
June 2005
1. The CIP increased by $400M, from $1.94B to $2.388.
2. Additionally, Operations costs increased by $400M, from $1.313 to $1.713.
3. To support these increased costs, rates needed to be increased above 15 %.
4. The Board approved a 31 % rate increase for 2005 -06, instead of 15%_
5. The additional increase was based on only 15% increases in each of the previous
two years.
6. Both the 2005 -06 Adopted Budget and the existing ordinance include 20% rate
increases for 06 -07 and 07 -08.
7. Proposition 218 notices were issued based on the 20% figure.
8. As the Board must act to implement any rate increase, it reserves the option to
approve any rate increase, under the existing Proposition 218 notice, that does not
exceed 20% in fiscal year 2006 -07, or 40% over the next two years.
June 2006
1. The CIP decreased by $549M, from $2.388 to $1.83B as budgeted construction
costs were delayed or deferred.
2. The Sanitation District contracted with Carollo Engineers to complete a Revenue
Program and Rate Analysis study. The result of these efforts reduced projected
2006 -07 and 2007 -08 single - family residential rate (SFR) Increases, the basis for all
sewer service charges, from 20.0% to 9.8 %.
3. The Carollo rate model developed proposed revised capital facility capacity charges
(CFCC) that increases the benchmark 3- bedroom SFR from $2,890 to $4,360, or
50.9 percent, and the average demand for commercial industrial from $1,050 to
$1,306, or 24.4 percent.
4. The previous CFCC rates have not been increased over the last two- and -one -half
years. It has generally been the practice of the Sanitation District not to update
CFCC rates until the completion of an Interim Strategic Plan Update, which generally
occurs only once in approximately five years. With the implementation of this new
rate ordinance, staff recommended that these fees be adjusted annually, based on a
commonly accepted price indicator, the Engineering News Record Construction Cost
Index for Los Angeles, to reflect the current value of the facilities or the current cost
of capital projects.
C.IDacmerds and Sadifgalgan:iMMy Daounnen�OUIN0 FOLDERUtan 12. Rate Ordiname.dac
Revised: 0610403 Page 4
June 2007
1. Staff re- evaluated every project in the Validated Capital Improvement Program and
many newly proposed projects as a part of the 2006 -07 and 2007 -08 budget
preparation process. Approximately $474 million of budgeted construction costs
were delayed or deferred.
2. The Sanitation District contracted with Carollo Engineers to complete a Revenue
Program and Rate Analysis Study. The result of these efforts was to reduce
projected 2006 -07 and 2007 -08 single - family residential rate (SFR) increases, the
basis for all sewer service charges, from 20.0% to 9.8 %.
f-i'll11ICTS M11= 111
1. Ordinance No. OCSD -35
C lOdcurrents and Seff ng9gar[Ie1M9 OacunerAMPOSTINO FOLOERUtem 12 Rate Ordinance dac
Revised: 0810403 Page 5
ORDINANCE NO. OCSD -35
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ESTABLISHING SANITARY
SEWER SERVICE CHARGES; AND REPEALING ARTICLE II OF
ORDINANCE NO. OCSD -32.
ADOPTING REVISED TABLE A RE RESIDENTIAL USER FEES AND
REVISED SECTION 2.03D, LIMITATIONS PERIOD
WHEREAS, the Board of Directors of the Orange County Sanitation
District ( "District ") has previously adopted Ordinance No. OCSD -32, establishing
annual Sanitary Sewer Service Charges for all uses; and,
WHEREAS, for purposes of improved efficiency and effectiveness of the
District's operations, it is the intent, by the adoption of this Ordinance, to
establish sanitary sewer service charges.
NOW, THEREFORE, the Board of Directors of the Orange County
Sanitation District does hereby ORDAIN:
Section I. Fees and Charges Ordinance — Adopted
TABLE OF CONTENTS
ARTICLE L RECITAL OF FINDINGS
Section 1.01, Findings — Declaration of Intent
ARTICLE II: SANITARY SEWER SERVICE CHARGES
Section 2.01, Purpose and Scope
Section 2.02,
Annual Sanitary Sewer Service Charge
Section 2.03
A.
Exemptions
B.
Application for Rebate
C.
Application for Refund
D.
Limitation Period
E.
Determination
F.
Administrative Fee
Section 2.04,
Annual Charge Based on Fiscal Year
Section 2.05,
Method of Collection
Section 2.06,
Credit for Industrial Permittees
Section 2.07,
Open -Air Facilities
Table A
Annual Sewer Service Charges for
Residential Users
Table B Annual Sewer Service Charges
Property Use Classifications for
Commercial or Industrial Users
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ARTICLE III: MISCELLANEOUS
Section 3.01, Application of Ordinance
Section 3.02, Exceptions
Section 3.03, Out of Area Sewer Service Agreements
ARTICLE I
RECITAL OF FINDINGS
Section 1.01. Findings — Declaration of Intent. The Board of
Directors of District has previously adopted Master Plans, as more particularly
described in Findings B, C, D, and E below, setting forth the financial and
engineering needs of the District, and hereby adopts the following Findings
supporting the amounts of charges and fees adopted pursuant to this Ordinance.
A. That 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 pursuant to the County
Sanitation District Act (California Health & Safety Code Section 4700 et seq.). 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. 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, came into existence in place of the Predecessor Districts. The
District was formed to carry on the functions of the Predecessor Districts.
B. That a comprehensive 20 -year Master Plan of Capital
Facilities, entitled "1999 Strategic Plan ", hereinafter referred to as the "Master
Plan ", which includes detailed financial and engineering reports, was prepared,
approved, and adopted by the Board of Directors in 1999, with updates approved
in 2002 and 2006, setting forth and identifying the required future development of
District Facilities, including the financial projections for providing sewer service to
all properties within the service area.
C. That the financial and engineering reports of the Master Plan
were made available to the public, both prior to and subsequent to the adoption
of the Master Plan, and were subject to noticed public hearings, all in accordance
with the provisions of the California Constitution and Government Code Section
66016, and other provisions of law.
D. That the District, in 1997, 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
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to connect to and gain access to the system. These comprehensive planning,
engineering, and financial studies led to the development of an updated
Comprehensive Master Plan of Capital Facilities, which was approved and
adopted by OCSD Resolution No. 99 -21 of the Board of Directors on October 27,
1999.
E. That in support of this Ordinance and the revised charges for
sewer service as provided for on Table A herein, the Board of Directors finds that
the Capital Improvement Program ( "CIP ") Validation Study for Fiscal year 2003-
04 and the Secondary Treatment Peer Review, as approved by the Board of
Directors, has resulted in the development of a Capital Improvement Program
that provides for the implementation of secondary treatment standards, thereby
improving effluent quality in a reasonably short period of time, consistent with the
goals and policies of the Board of Directors, the member agencies, and the
public, while also providing for the construction of necessary improvements to
accommodate projected increased flows and the rehabilitation and refurbishment
of existing facilities. The Board further finds that programming annual
adjustments in sewer service charges over a period of years is appropriate and
ensures adequate revenues to finance the improvements and programs
necessary to implement secondary treatment standards, accommodate
increased flows, rehabilitate and refurbish existing facilities, and retire any
necessary or prudent debt incurred to finance such improvements in a
reasonable manner and over a reasonable period of time. The Board of
Directors also finds that such Sanitary Sewer Service Charges are reasonably
related to, and do not exceed the cost of providing sewer services.
F. That the financial requirements of the District, as shown in
reports prepared by Staff and Consultants relating to the Strategic Plan and the
CIP validation studies, are based on current, reliable information and data
relating to population projections, wastewater flow, and capital facilities' needs,
and are expected to be realized in each year as described in the reports.
G. That the revenues derived under the provisions of this
Ordinance will be used for the acquisition, construction, reconstruction,
maintenance, and operation of the sewage collection, wastewater treatment and
disposal facilities of the District; together with costs of administration and
provisions for necessary reserves;
H. That the owners or occupants of properties upon which all
fees and charges established by this Ordinance are levied, discharge wastewater
to the District's collection, treatment and disposal facilities. The costs of
operating and maintaining said facilities have constantly increased due in part to
increased regulatory requirements to upgrade the treatment process.
I. That the need for upgraded and improved treatment of all
wastewater collection, treatment and disposal facilities is required to protect the
public health and safety, and to preserve the environment without damage.
J. That the Sanitary Sewer Service Charges established and
levied by this Ordinance are to allow the District to recover the reasonable costs
to provide a service to individual properties which have been improved for any of
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numerous types of uses. The basis for the respective charge is the request of
the owner of property or a structure thereon, for the benefit of him/her/itself, or
the occupants of the property, to receive a service based upon actual use,
consumption, and disposal of water to the District's system in lieu of disposal by
other means.
K. That the 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
estimated reasonable cost to provide the sewer service for which the fee is
levied, as provided in Government Code Sections 66013 and 66016 and
California Constitution Article MID.
L. That the Sanitary Sewer Service Charges adopted herein
will not necessarily result in an expansion of facilities to provide for growth
outside the existing service area. The adoption of these Sanitary Sewer Service
Charges will not result in any specific project, nor result in a direct physical
change in the environment.
M. That the Sanitary Sewer Service Charges adopted herein
are established upon a rational basis between the fees charged each customer
and the service and facilities provided to each customer of the District, a portion
of which are necessary to replace the loss of ad valorem property taxes to the
State General Fund as a result of state legislative action on September 2, 1992,
and in subsequent years.
N. 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.
O. That the adoption of this Ordinance is statutorily exempt
under the California Environmental Quality Act pursuant to the provisions of
Public Resources Code Section 21080(b)(8) and California Code of Regulations
Section 15273(a).
P. That each of the Findings set forth in previous Ordinances
Nos. OCSD -05, OCSD -06, OCSD -11, OCSD -13, OCSD -15, OCSD -18,
OCSD -19, OCSD -20, OCSD -22, OCSD -24, OCSD -26, OCSD 30B, and OCSD
32 are reaffirmed and readopted hereat, except to the extent that they have been
specifically superseded or otherwise amended by specific Findings herein.
ARTICLE II
SANITARY SEWER SERVICE CHARGES
Section 2.01. Purpose and Scope. The purpose of this Ordinance
is to establish Sanitary Sewer Service Charges required to be paid by property
owners for the services and facilities furnished by the District in connection with
its sanitation treatment works and sewage collection system. Revenues derived
under the provisions of this Ordinance shall be used for the acquisition,
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construction, reconstruction, maintenance, and operation of the wastewater
collection, treatment and disposal facilities of the District; to repay principal and
interest on debt instruments; or 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.
Section 2.02. Annual Sanitary Sewer Service Charge.
Commencing with the effective date of this Ordinance, the owner of each parcel
of real property located within 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 the Districts
system, shall pay an annual Sanitary 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 Sanitary Sewer Service Charges for
residential users are set forth in Table A. 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 Sanitary Sewer Service Charge rate per 1,000 square feet for the
commercial or industrial user. The annual Sanitary Sewer Service Charges for
commercial or industrial users are dependent upon the respective classifications
of property use, determined by reference to Table B.
Section 2.03. A. Exemptions. It is the intent of the District that
the legal owner(s) of parcels of real property, otherwise subject to the levy and
payment of the Sanitary Sewer Service Charges, as prescribed herein, be
relieved, in whole or in part, from the payment of said charges, in certain
circumstances and under conditions prescribed herein, and be entitled to either a
rebate or a refund with respect to charges paid, as more specifically set forth in
Subparagraphs 2.036 and 2.03C below, provided an inequity is established or a
billing error is proven, as specified in Subparagraphs B or C.
B. Application for Rebate. Any property owner
may apply to the District for a rebate of Sanitary Sewer Service Charges paid to
the District by establishing that an unfair valuation of the property has been made
by the District. An applicant for a rebate must establish, by proof satisfactory to
the General Manager of the District, or his designee, that an inequity exists
between the amount of the charge paid and the amount of wastewater
discharged to the Districts system, resulting in an unfair valuation. Satisfactory
proof shall establish that either:
(1) The principal water use is agricultural or
horticultural; or
(2) The property is devoted to any other use
wherein the amount of wastewater discharged to the Districts system is
significantly less on a regular basis than the amount that would normally be
expected to be discharged by the class of property in question.
Satisfactory proof shall include, but not be limited to, documentation
showing actual water usage for each billing cycle during the entire period for
which the rebate is sought.
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The amount of any rebate shall not reduce the charge payable by any
property owner, whose property is connected to the Districts system, to less than
the single family residential charge shown on the applicable Table attached
hereto.
C. Application for Refund. Any property owner may
apply to the District for a refund of Sanitary Sewer Service Charges paid to the
District by establishing that the amount paid was pursuant to an error in the
amount billed or the amount paid. The applicant for a refund must submit proof
satisfactory to the General Manager of the District, or his designee, that a billing
error has been made by the District, or the County Tax Collector. Such proof
shall include, but not be limited to, proof that:
(1) The owner's parcel of property is not
connected to the District's system; or
(2) The property has not been classified in the
proper property use classification code ; or
(3) A clerical error has been made.
D. Limitations Period. Applications for refunds shall be
deemed to be governed by the provisions of California Revenue & Taxation Code
Sections 5096 and 5097. Applications for rebates shall be deemed a claim and
be governed by the provisions of California Government Code Sections 935 et
seq., and shall be presented to the District as provided in the Government Tort
Claims Act, Government Code Sections 915 et seq., not later than four (4) years
after the submission of the roll to the County Auditor /Controller, and the claim for
rebate may only be made with respect to amounts paid or payable under such
property tax bill. A claim for rebate is not deemed a claim for refund, and
California Revenue & Taxation Code Sections 5096 and 5097 are not applicable.
E. Determination. All applications for rebates or' refunds
of the Sanitary Sewer Service Charge will be determined by the General
Manager of the District, or his designee, who, based on the submitted proof, may
grant a full or partial rebate or refund.
F. Administrative Fee. At the time of filing the
application for rebate or refund, the property owner shall pay District an
administrative fee for the processing of such application. The amount of the fee
shall be equal to the total of all fees and charges imposed on the District by any
other public entity, such as the Orange County Tax Collector, the Orange County
Auditor, or the Orange County Recorder, in connection with the rebate or refund.
Section 2.04. Annual Charge Based on Fiscal Year. The Sanitary
Sewer Service Charges established by this Ordinance shall be effective as of
July 1 of each year, as set forth in Tables A and B, attached hereto, for the
Districts fiscal year, and shall remain in effect until such time as the rates
adopted herein are changed by District Ordinance. There shall be no proration of
such charges in any fiscal year.
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Section 2.05. Method of Collection.
A. Pursuant to the authority granted by California Health &
Safety Code Section 5473, and except as otherwise provided in Subparagraph
2.05B below, all sanitary sewer service charges established herein shall 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 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 Sanitary 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 2.06. Credit for Industrial Permittees. A credit shall be
allowed to all dischargers permitted pursuant to Article 3 of District Ordinance
No. OCSD -31, as amended, in an amount equal to the annual Sanitary Sewer
Service Charge established by Section 2.02 of this Ordinance, in the same
manner as credit is allowed for ad valorem taxes pursuant to Sections 302.6 (B),
and 303.6 (B) of District Ordinance No. OCSD -31, as amended.
Section 2.07 Open -Air Facilities. Sanitary Sewer Service Charges
for open -air facilities will be based on annual attendance records. Open -Air
facilities will pay a rate per million gallons based upon the related sewage flow,
Biochemical Oxygen Demand ("BOD ") and Suspended Solids ("SS') charge for
single family residences. The usage per attendee will be 15 gallons.
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TABLE A
ANNUAL SEWER SERVICE USER FEES
RESIDENTIAL USERS
FISCALYEAR 2008 -09 2009 -10 2010 -11 2011 -12
SFR* $201.00 $221.00
MFR $140.70 $154.70
SFR = SINGLE FAMILY RESIDENTIAL
MFR = MULTI FAMILY RESIDENTIAL
2012 -13
$244.00 $267.00 $294.00
$170.80 $186.90 $205.80
* The SFR fee is the minimum sanitary sewer service charge any user must pay.
All properties located within Revenue Area No. 14 pay no annual service fees.
District costs relating to providing service to these properties are billed by the
District directly to the Irvine Ranch Water District, the local agency providing the
local sewer service.
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OCSD -ADB 4/25107
560499.1
E
15
TABLE B
ANNUAL SEWER SERVICE CHARGES
WS &S - BRH: pj:201660 0420/05
OCSQADB 4125107
560499.(
4
PROPERTY USE CLASSIFICATIONS FOR
COMMERCIAL OR INDUSTRIAL USERS
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
Equivalent 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 Comm. Area -IMP Alloc.
0%
201
Homeowners Exemption AddT
0%
666
Unassigned Vacant
0%
777
Septic Tank Property
0%
112
Steel Building
7%
113
Mini- Warehouse
7%
58
Nurseries (Plants)
10%
100
Drive -In Theater
10%
44
Lumber/Constr. Material Yard
17%
71
Parking Garage
17%
72
Paved Parking Lot
17%
110
Warehouse — Single Tenant
17%
111
Warehouse — Multi Tenant
17%
115
Recreational Vehicle Storage
17%
116
Truck Terminal
17%
33
Church Buildings
20%
94
Department Store
23%
95
Discount Store
23%
96
Unattached Single Store
23%
97
Strip Store
23%
74
Recreational Vehicle Park
27%
36
Financial Buildings
27%
40
Health Club
29%
68
High Rise Office
30%
225
United States Post Office
35%
21
Automobile Dealership
41%
22
Auto Repair Shop
41%
23
Automotive Service
41%
24
Used Car Lot
41%
39
Golf Course
41%
57
Motorcycle/Small Vehicle Building
41%
83
Automotive Service Station
41%
WS &S - BRH: pj:201660 0420/05
OCSQADB 4125107
560499.(
4
TABLE B (CONTINUED)
ANNUAL SEWER SERVICE CHARGES
WS&S - BRH: pj:201660:04l20l05 10
OCSD -ADB 4125107
360499.1
1'
PROPERTY USE CLASSIFICATIONS FOR
COMMERCIAL OR INDUSTRIAL USERS
Percentage
of SFR
Assessor
Use Code Description Per 1,000 SF or Unit
84
Marine Service Station
41%
86
Combin. - Service Station /Convenience
41%
65
Single Office Bldgs. to 3 Stories
41%
66
mall Office Center
41%
67
Office Complex
41%
69
Converted Residence to Office
41%
7
Mobile Home
50%
55
Mobile Home Park
50%
107
Light Industrial — Single Tenant
50%
108
Light Industrial — Multi Tenant
50%
109
Research and Development
50%
114
Industrial Park
50%
37
Fraternal Buildings
51%
101
Unattached Theater
51%
26
Airport and Related Buildings
53%
45
Marinas
53%
88
Low Flow Shopping Center
53%
3
Two or More Residences
70%
10
Duplex Only
70%
11
Triplex Only
70%
12
04 -Units Only
700.6
13
5 to 16 Units
70%
14
17 to 25 Units
70%
15
26 to 40 Units Only
70%
16
41 -99 Units Only
70%
17
100 or More Units
70%
18
Developed with a Mix of Forms
70%
63
Low Rise Retirement Building
70%
64
High Rise Retirement Building
70%
56
Motels
70%
81
Pre - Schools, Nursery or Care
82%
82
Private Schools
82%
98
Store with Offices or Living Quarter
82%
99
Store with Office Upstairs
82%
118
Governmental Use Vacant/Develop.
82%
19
SFR with 1 or 2 rental units
85%
34
Dormitory
97%
42
Hospital
97%
43
Hotel
97%
0
Conversion -C /1, Rural PC
100%
2
One Residence
100%
WS&S - BRH: pj:201660:04l20l05 10
OCSD -ADB 4125107
360499.1
1'
TABLE B (CONTINUED)
ANNUAL SEWER SERVICE CHARGES
NOTE: Multiplythe Table A Single Family Residential Rate bythe percentage figure above
in order to determine the rate per 1,000 square feet for the commercial or industrial user.
WS &S - BRH: pj:201660:0420M
OCSQADB 4125107
560999.1
11
I
PROPERTY USE CLASSIFICATIONS FOR
COMMERCIAL OR INDUSTRIAL USERS
Percentage
of SFR
Assessor Use Code
Description Per 1.000 SF or Unit
4
Miscellaneous Improvement
100%
85
Comb. Serv. Stn. /Restaurant
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%
32
Cemetery& Related Buildings
101%
38
Funeral Home
101%
60
Nursing Home
102%
61
Convalescent Hospitals
102%
62
Converted Res. Used as Nursing
102%
28
Bawling Alleys
112%
92
Skating Rinks
112%
50
Single Medical Bldgs. to 3 Stories
124%
51
Small Medical Center
124%
52
Medical Center Complex
124%
53
High Rise Medical
124%
54
Converted Residence to Medical
124%
89
Average Flow Shopping Center
139%
20
Amusement Parks
144%
35
Entertainment Center
144%
73
Recreation
144%
30
Coin Operated Car Wash
151%
47
Supermarket
151%
48
Convenience Market
151%
224
Nightclub
200%
90
High Flow Shopping Center
226%
76
Restaurant — Take Out
300%
77
Restaurant — Coffee Shop
600%
78
Restaurant — Dinner House
600%
79
Restaurant — Conversion from SF
600%
29
Conventional Car Wash
796%
223
Laundromat
1,800%
NOTE: Multiplythe Table A Single Family Residential Rate bythe percentage figure above
in order to determine the rate per 1,000 square feet for the commercial or industrial user.
WS &S - BRH: pj:201660:0420M
OCSQADB 4125107
560999.1
11
I
MISCELLANEOUS
Section 3.01. Application of Ordinance. The provisions of this
Ordinance shall be in addition to the provisions of the District's Wastewater
Discharge Regulations for use of Districts sewage facilities, including provisions
for payment of charges or fees related thereto; District's ordinance establishing
Fees Concerning Annexations of Territory to the District; and any other District
Ordinances and Resolutions not in conflict herewith.
Section 3.02. Exceptions. The provisions of this Ordinance shall
apply to all owners of properties within the District, including those properties
otherwise deemed exempt from payment of taxes or assessments by provisions
of the State Constitution or statute, including properties owned by other public
agencies or tax- exempt organizations, except as expressly provided herein.
Section 3.03 Out of Area Sewer Service Agreements. The District
is empowered to contract for the transport, treatment and disposal of
wastewaters originating within areas outside of the District if it is in the best
interest of the District to do so. These Out of Area Sewer Service Agreements
will establish fees and charges relative to the services provided by the District for
each individual agreement.
The Board of Directors of the Orange County Sanitation District does further
hereby ORDAIN:
Section II. 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 III. Effective Date. This Ordinance shall take effect July 1, 2008.
Section IV. Repeal. Article II of Ordinance No. OCSD -32 is hereby repealed.
Section V. 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.
wS &S -SRH pj:20166004120105 12
OCSD -ADB 405507
Sh0499A
1
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
CHAIR, BOARD OF DIRECTORS
ORANGE COUNTY SANITATION DISTRICT
U"m =m6
CLERK OF THE BOARD
ORANGE COUNTY SANITATION DISTRICT
BRADLEY R. HOGIN, GENERAL COUNSEL
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• ,
OCSD - Rate increases
Page 1 of
About OCSD I Construction Business Center Environmentai Programs I Education I Document Center
Homepaye > About OCSD > Rate Increases
Options.
Proposed Rate Increase
Email peee Print friendly format Yca
The Orange County Sanitation District Board of Directors will hold a public hearing on
Wednesday, February 27, 2008 to consider your input on the proposed rate change. The
hearing will be held at 6:30 p.m. in the OCSD Board Room, 10844 EllisA.venue,. Fountain Valley,
California. Written comments may also be submitted through the mail to the OCSD at P.O. Box
8127, Fountain Valley, CA 92728 -8127. We have also established an email account should you
prefer to leave an electronic message. Our address is rates @ocsd.com.
Frequently Asked Questions
• Who is the Orange County_ Sanitation District (OCSD)?
• What is the fee?
• How is the fee calculated?
• Who approved the fee?
• How is the fee collected?
Why was the rate increase needed?
• Was the fee voter approved?
• How do you satisfy the requirements of Propositions 13 and 218?
• Am I paying for the same thing on my utility bill?
• Can I get the fees lowered?
http:// www. ocsd .com/about/rate_increases.asp
02/21/2008
a
OCSD - Rate increases
Page 2 of
• What if I am not connected to the sewer?
• What if I have further questions or comments?
• What is the proposed _annual single family residence sewer fee over the next 5 years?
• Why is the rate increase needed?
• How do our rates compare to other agencies?
Who is the Orange County Sanitation District (OCSD)?
OCSD is responsible for safely collecting, treating, and disposing of wastewater. Separate from the County of Orange
or any city government, it is governed by a 25- member board of directors represented by a member of the board of
supervisors, 3 local sewer agencies and 21 cities within our 470 -square-mile service area.
What is the fee?
The sewer service fee is for the collection, treatment, and disposal of wastewater (sewage). It is a fee, not a tax
because it is not based on the value of the property, but upon average use of the sewerage system.
How is the fee calculated?
It is based upon the type of property. Residential properties, including condominiums and town homes, are
charged a flat rate. Multi- family (apartment buildings including duplexes and triplexes) and mobile home parks
are charged on a per unit basis. Non - residential properties are charged a rate per thousand square feet of
improvements. The rate varies based upon the use of the property.
Who approved the fee?
The fee was passed by ordinance by the OCSD Board of Directors
How is the fee collected?
Fees appear on the property tax bill annually. Using the property tax bill is the most cost effective method of
collection as it avoids adding additional staff.
Why was the rate increase needed?
As the sixth largest wastewater treatment agency in the United States, several factors influence future costs and
rates to cover them.
Increased costs of chemicals, managing biosolids, maintaining clean beaches, moving to additional secondary
treatment, funding half of the water reclamation Ground Water Replenishment System (GWR System), and the
ongoing need to replace our aging infrastructure to name a few.
To continue operating 24 hours a day, 365 days a year and maintain the reliable service you've come to expect, it is
essential we continue investing in our facilities.
http://www.ocsd.com/about/rate—increases.asp
02/21/2008
Cry
OCSD - Rate increases Page 3 of 4
Additionally, these increases in the next few years will allow the District to avoid additional borrowing and debt
service payments which would result in even higher rates in the future.
Was the fee voter approved?
No public vote is required. When a fee is imposed or increased, a Public Notice is published in the local newspaper
and notifications are mailed to property owners. The fees are enacted after a public hearing by a vote of the Board
of Directors.
How do you satisfy the requirements of Propositions 13 and 218?
Proposition 13 deals with taxes. The user fee is based upon the average use of the sewer system, not property
values. Therefore the user fee is not a tax and is not governed by Proposition 13.
Proposition 218 has a specific exemption for sewer user fees. OCSD mails a notice to each property owner and
conducts a public hearing. In this case the notice was mailed in January, 2008 for the subsequent 5 years. An
election is not required by Proposition 218 for sewer user fees.
Am I paying for the same thing on my utility bill?
No. Some of the cities charge a maintenance fee for their local sewer lines. Often times, this fee is on the water
bill. The sewage from those local lines Flows into OCSD's large regional trunk sewers and comes to one of our two
plants for treatment. Those local fees are only used for the local sewers and are not forwarded to the Sanitation
District.
Can I get the fees lowered?
Non - residential users with a low water use may be eligible for a reduction based on actual water use. They must
send OCSD a written request (from the property owner) along with a copy of their water bills for the prior fiscal year
(12 complete months) and a copy of the current tax bill.
What if I am not connected to the sewer?
Parcels not connected to the sewer are exempt from sewer service fees. There are no other exemptions. The
owner may write to the Sanitation District at P.O. Box 8127, Fountain Valley, CA 92728 -8127, indicating they use a
septic tank or that the property is not developed along with their parcel number and the owner's signature.
What if I have further questions or comments?
Written comments may be submitted through the mail to the Sanitation District at P.O. Box 8127, Fountain Valley,
CA 92728 -8127. We have also established an e-mail account should you prefer to leave an electronic message. Our
address is rates @ocsd.com
If you have additional questions or want more information, please call (714) 593 -7281. Our office hours are 8.00
a.m. to 4:30 p.m., Monday through Friday. If these times are not convenient, you may leave a recorded message
after hours or on weekends or email. A member of the Sanitation District's staff will return your call.
http:// www. ocsd.com/about/rate_increases.asp
1lyafr40#1lI1R.,
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S
OCSD - Rate increases
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Page 4 of 4
What is the proposed annual single family residence sewer fee over the next 5 years?
The proposed rates are:
2008 -2009 - $201
2009 -2010 - $221
2010 -2011 - $244
2011 -2012 - $267
2012 - 2013 - $294
Why is the rate increase needed?
The District maintains a Capital Improvement Program (CIP) that requires nearly $1.5 billion over the next ten
years. Large projects within the CIP Include:
• Funding for the Groundwater Replenishment System, the world's largest water reclamation plant which helps
convert 70 million gallons into drinking water every day. This $490 million project joint funded with the
Orange County Water District and serves as a hedge against water shortages and population growth.
• Compliance with the Federal court consent decree requiring the District to move to full secondary treatment
levels, as required by the Clean Water Act, by December 2012. The goal of this initiative Is to minimize the
bacteria and solids dispersed out into the ocean.
• Various rehabilitation projects to replace the District's aging infrastructure, including the headworks
replacement at Plant No. 2, a $260 million project.
How do our rates compare to other agencies?
Rate comparisons
Click to View
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htt p:// www. ocsd .com/about/rate_inereases.asp
02/21/2008
ORANGE COUNTY SANITATION DISTRICT
e -
...........
1x Ra
January 14, 2008
phaaa:
(7141 zs2 -zn11
lax:
{714) 962w(Z)356
w .ocsd.com
nailing addreas:
P.O eat 8127
Apartment Association of Orange County
Attn: Vicki Binford and Dean Zarkos
12822 Garden Grove Blvd., Suite D
Garden Grove, California 92843 -2010
Re: Your letter dated February 8 re Proposed Rate Increases
sruain Valley, rA
22728-812;
Vicki Binford and Dean Zarkos:
.street address:
aria °''f " ° ° "Qe
attain Valley, cn
I received a co py of your letter to Councilrnember Davert regarding the rates required
32708.7018
by the Orange County Sanitation District to support its operations. 1 have been asked
to respond and provide some of the additional information requested in your letter, i
Member
would like to start with some general background information to provide some context
Agencies
to the discussion.
Cities
As you are aware, OCSD operates the third largest wastewater facility west of the
Anaheim
Mississippi. Our mission is to protect public health and the environment by providing
wren
effective wastewater collection treatment and recycling. As such, we are responsible
suana Fark
for the operation and maintenance of two treatment plants, 501 miles of collection
Gyro ass
r°untam Valley
systems and sewer and 16 pump stations. OCSD processes nearly 230 million gallon
Fullerton
of wastewater each from 2.5 million residents and businesses. Treating wastewater is
ear °r p.oro
reCir:gtnn 6epch
a 24 hour per day, 7 days per week, 355 day operation which cannot be interrupted
h v,»°
without serious risk to public health.
a 04abra
Lu Poana
Los Alamitos
Your letter mentions that the required increases are above those of the current rate of
'dau,J °ra Beach
Orrannge ge
inflation necessary for general maintenance. While that statement is true. it is
ciacelma
important to recognize that the current immediate needs of the Sanitation District well
Santa Ann
exceed that of general upkeep.
seal fjenr.h
5canw+Y
Tustin
In July 2002, OCSD committed to move all of its operations to a higher level of service
''"a Park,
)101&0 tlnda
— secondary treatment standards by December 31, 2012. Complying with this court-
ordered consent decree represents significant capital improvement far beyond
my of orange
existing maintenance and operating levels. If we are to complete this task and thus
avoid potential fines, penalties and risks to public health, additional fund will be
:ary Districts
required.
C°ata Mesa
Midway Oty
Newly approved State and Regional regulations also impact our rate requirements.
;ter Districts
These new regulations outside OCSD's control have required us to install and operate
additional equipment to control air emissions from our two treatment plants and will
Irvine Ranrh
result in millions of dollars of new expenditures.
Lastly, OCSD is responsible for an aging infrastructure, some of which is more that 5(
years old. Rehabilitation of this nature is generally an ongoing activity. However, in a
previous attempt to keep rates artificially low, much of this work was not completed.
During the 1990s, rates did not increase for several years, allowing our revenue to lag
inflation by nearly 30 percent resulting in the deterioration of our infrastructure.
12
p
f
Page 2
February 14, 2008
Without a strategy to address these needs, rates may fluctuate in the future. The
proposed financial plan addresses these long -term needs
Your letter included three specific questions that I would like to address individually.
What are the specific reasons this increase is necessary?
As I have mentioned, in addition to the general maintenance and upkeep of the
system, there are large projects, some State and Regionally mandated, which must
be completed including the move to Pull Secondary Treatment, the Groundwater
Replenishment System, System Rehabilitation and other new mandated programs.
Again, it is important to note that all of these activities exceed the normal maintenance
that generally parallels inflation.
What cost savings or cost cutting measures were considered?
Each year, staff scrutinizes and prioritizes its needs. Last year, the District undertook
an extensive audit of our capital improvement program. We reaffirmed our $2.4 billion
CIP and reduced proposed capital improvement budget by $490 million by deferring,
rescoping, or eliminating various projects. The change allowed the District to reduce
this year's proposed sewer rate increase from 20 percent to 9.8 percent.
In addition, last year through creative resourcefulness, $10 million in efficiencies were
identified and implemented to mitigate increasing costs. Positions were eliminated
and others were reduced in level. We are committed to this continual analysis to keep
rates as low as possible. This year, we have identified a cost savings of
approximately $9.3 million.
Why should there be a vote now on future rates?
The District is committed to these programs that protect public health and the
environment. It is essential that there is an identified revenue stream that is tied to
these activities. It would be irresponsible to start these needed programs without the
commitment to complete them.
If you have any further questions, please call me at 714/593.7550.
Sincerely,
Lorenzo FfAdmfnistrative er
Director Services
cc: Doug Davert, Vice Chair
Jim Ferryman, Chair
Jim Ruth, General Manager
1
comparison, of SFR. R-
.. (Rates 00 M
per
U
EM
.rtes:
12822 Garden Grove Blvd. Ste. D, Garden Grove, California 92843 -2010
(714) 538 -5550 Fax(714)638 -6042
www.aaoc.com
?�43iJt�l
i�.
February 8. 2008
Council€nember Douglass Davert
City of Tustin
300 Centennial. Way
Tustin, CA 92680
Dear Councilmember Davert:
The Apartment Association of Orange County (AAOC) urges you, as a Active Director of the Orange
County Sanitation District, to oppose the current rate increase proposal that will be considered at the
February 27 °i Board of Directors meeting. As you know, the proposal calls for a 10% rate increase this
year, plus automatic 10% increases for the next four years; this translaites to a 61% rate increase over five
years. In our opinion, such a large rate increase goes well beyond a rate adjustment necessitated by
inflation.
Currently, rental housing owners pay $127 per apartment. unit, if this proposal is approved rental housing
owners will be paying $204 per apartment unit by 20.12. The rapid increase in sanitation rates, combined
with the rapid increase in other costs; will in no doubt inflate the price to rent in Orange County. As a
result rents will rise, not to increase- the profit margin of the owner, but'instead to cover the Cost of rising
fees imposed by government.
We acknowledge that some rate increases are necessary due to inflation, but a 10% annual increase is well
over the line. Furthermore we believe that it is bats government policy for the board to vote for automatic
increases for subsequent years. rather the board should only vote to adjust rates one year at a time. The
excessive 61 % increase over five years is just too burdensome a cost to be imposed on business owners
and housing providers.
There are some important questions not answered in the notice concerning that rate increase that was Sent
out by the Orange County Sanitation District. Questions include: What are the specific reasons such a
large increase is necessary? What. if any, cost savings or coat cutting measures were considered before
asking for these rate increases'? Why must tine Board vote now to increase rates in 2009.2010. 2011 . and
2012?
At the February 27's Board Meeting plcasa consider the concerns in this Setter. We urge you to support
more sensible sanitation ratesCouncibnemberCouncilmemberCottucitrneunber and oppose a rate proposal
that automatically increases rates in future years. If you have any additional questions regarding AAOC's
position on the sanitation rates, please contact the AAOC "s Director of Public Affairs, Ray Grangoff,'at
(714) 638 -0015, Thank you for your time and service.
Sincerely.
Vicki Binford
President
Dean 7-arkos
Vice President, Legislative Council
JD
aq