Loading...
HomeMy WebLinkAbout1981-07-01COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127. F"OUNTAIN VALLEY. CALIF"ORNIA 92708 10844 ELLIS AVENUE (EUCLID OF"F"·RAMP, SAN DIEGO F"REEWAY) June 24, 1981 NOTICE OF ADJOURNED REGULAR MEETING DISTRICT NO. 5 WEDNESDAY~ JULY lJ 1981 -7:30 P.M. NEWPORT BEACH CITY HALL 3300 NEWPORT BOULEVARD NEWPORT BEACHJ CALIFORNIA TELEPHONES: AREA CODE 714 540-2910 962-2411 Pursuant to adjournment of the regular meeting of June 10, 1981, the Board of Directors of County Sanitation District No. 5 will meet in an adjourned regular meeting at the above hour and date. ' JWS:rb I / u ;I l\rij' J BOARDS OF DIRECTORS County Sanitation Districts Post Office Box 8127 10844 El I is Avenue Fountain Valley, Calif., 92708 Telephones: II of Orange County, California DISTRICT No. 5 ADJOURNED REGULAR MEETING WEDNESDAY, JULY 1, 1981 -7:30 P.M. NEWPORT BEACH CITY HALL COUUCIL CHAMBERS 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA (1) Roll call Area Code 714 540-2910 962-2411 AGENDA (2) Public hearing on proposed Ordinance No. 511, An Ordinance of the Board of Directors of County Sanitation District No. 5 Establishing Sanitary Sewer Service Charges: (a) Open hearing (b) Staff report on proposed user fee (c) Receive and file written comments, if any (d) Oral public comment (e) Staff response to oral comments (f) Close hearing (3) Consideration of motion to receive, file and consider adoption of County Sanitation District No. 5 Sewer Service Charge Report for Fiscal Year 1981-82 (4) Consideration of ·proposed Ordinance No. 511, An Ordinance of the Board of Directors of County'Sanitation District No. 5 Establishing Sanitary Sewer Service Charges: (a) Second reading of proposed Ordinance No. 511, An Ordinance of the Board of Directors of County Sanitation District No. 5 Establishing Sanitary Sewer Service Charges: See page "A" (Item No. 4 continued on page 2) (4} (Continued from pa~e 1} (a} (l} Consideration of motion to read Ordinance No. 511, An Ordinance of the Board of Directors of County Sanitation District No. ~ Establishing Sanitary Sewer Service Charges, by title only, and waive reading of .said entire ordinance (must be adopted by unanimous vote of Directors present} (2} Discussion and comments, if_ any (3} Consideration of roll call vote on Ordinance No. 511, An Ordinance of the Board of Directors of County Sanitation District No. 5 Establishing Sanitary Sewer Service Charges (5} .consideration of actions relative to advance payment of connection fees to aid in construction of facilities to serve the Big Canyon drainage area: See page "B" ·(al Consideration of Resolution No. 81-93-5, approving Amendment No. 1 to agreement with Daon Corporation re advance payment of connection fees to aid in construction of facilities to serve the Big Canyon drainage area, relative to release of construction bond and reimbursement of monies advanced by Daon, asknowledging a transfer in the payment obligation amount to J. M. Peters ~ompany, Inc. and rescinding Resolution No. 81-88-5. See page "C" '-'1 (b} Consideration of Resolution No. 81-94-5, approving agreement with J. M. Peters Company, Inc. for advance payment of connection fees to aid in construction of facilities to serve the Big Canyon drainage area in the amount of $350,000. See page "D" C6l 0th.er business and conununications, if any (.7) Consideration of motion to adjourn -2- f • l' , ORDINANCE NO. 511 AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 ESTABLISHING SANITARY SEWER SERVICE CHARGES The Board of Directors of County Sanitation District No. 5 of Orange County, California, does hereby ORDAIN as follows: Section 1: Purpose. The purpose of this Ordinance is to establish a system of sanitary sewer service charges required to be paid by property owners for the services and fa~ilities 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, construction, reconstruction, maintenance \...,I and operation of the sewage collection facilities and wastewater treat- ment and disposal facilities of the District, together with costs of administration and provisions for, necessary reserves. Section 2: Annual Sanitary Sewer Service Charge. Each parcel of real property located within the District which is improved with structures designed for residential, commercial or industrial use and connected to the District's system, shall pay a sanitary sewer service charge based on the size of the water meter or meters in the sum or sums as set forth in Table A of this Ordinance. Section 3: Application of Ordinance. The provisions of this Ordinance shall be in addition to Ordinance Nos. 508 and 510 of the District establishing regulations for use of District's sewage facilities, including provisions for payment of charges or fees related thereto. "A-1" AGENDA ITEM #4(A) "A-1" Section 4: Exceptions. The provisions of this Ordinance shall apply to all properties in the District, and no exception shall be provided for properties otherwise deemed exempt by provisions of the State Constitution or statute, such as properties owned by other public agencies or tax exempt organizations, except as expressly provided in Section 5 hereof. Section 5: Exemptions and Appeals. In recognition that certain legal parcels of real property exist within the District which are not connected to the District system and that other properties acquire considerably greater potable water than is ultimately discharged to the District's system ie is the intent of the District that said parcels be exempt totally or in part from the payment of charges as prescribed herein. Any property owner may appeal the assessment of the charges and submit a claim for rebate to the District on the forms prescribed· and provided by the District, within one hundred twenty (120) days after the annual property tax bills are mailed by the Orange County Tax Collector. All applications for rebate of an assessment will be determined by the General Manager of the District, who may grant a partial or full rebate ~r adjustment of the charge based on receiving satisfactory proof that an inequity exists between the amount or assess- ment and the amount of wastewater discharged to the District's system. Such inequities may include, bu~ are not limited to: "A-2" a) the number of connections on the parcel differs from the assessment; b} no service connection to the District system exists from the parcel assessed; c) principal water use is agricultural AGENDA ITEM #4(A) ".A-2" d) any other use wherein the amount of wastewater dis- charged to the District's system is significantly less on a regular basis .than the amount of potable water received as measured by the meter on the property. Section 6: Assessment Based on Fiscal Year. The sanitary sewer service charge established by this Ordinance shall be for the fiscal year commencing July l and terminating June 30, and there shall be no proration of such charges. Section 7: Method of Collection. Pursuant to the authority granted by Cal~fornia Health and Safety Code Section 5473, a11· 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 \.,,,I 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 this District. \._I In the event District determines that errors or inequities exist in the amount of charges to be collected by the County Tax Collector, District may submit a bill for any difference directly to the property owner. Said invoiced amount shall be due and payable within thirty (30) days of invoice date. Section 8: Credit for Industrial Permittees: A credit shall be allowed to all dischargers permitted pursuant to Article 3 of Ordi- nance No. 508 for the annual sanitary sewer service charge established by this Ordinance in the same manner as credit is allowed for ad valorem taxes pursuant to Section 302.6 of Ordinance No. 508. "A-3" -3- AGENDA ITEM #4(A) "A-3" Section 9: Severability. If any provisions of this Ordinance or the application to any person or circumstance 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 10: Effective Date: This Ordinance shall become effec- tive immediately upon its adoption by vote of two-thirds of the members of the Board. Section 11: The Secretary shall certify to the adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation in the District as required by law. PASSED AND ADOPTED this ATTEST: Secretary TLW:pj 5/18/81 6/2/81 ---day of --------- Chairman -4- "A-4" AGENDA ITEM #Ll(A) I 1981. "A-4" , 1 "A-5" TABLE A CONNECTED WATER METER SIZE 1981-82 ANNUAL CHARGE l" or less $ 26.40 1~11 52.50 2" 105.00 3 II 210.00 4 II 420.00 6" 840.00 8" .l,680.00 If a parcel contains more than one water meter, then the charge applicable to each meter shall be added together and the sum levied against the parcel. AGENDA ITEM #4(A) "A-5" I i "C-1" RESOLUTION NO. 81-93-5 APPROVING ADDENDUM NO. 1 TO AGREEMENT WITH DAON CORPORATION AND RESCINDING RESOLUTION NO. 81-88-5 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA, APPROVING AMENDMENT NO. l TO AGREEMENT WITH DAON CORPORATION RE ADVANCE PAYMENT OF CONNECTION FEES TO AID IN CONSTRUCTION OF F~CILITIES TO SERVE THE BIG CANYON DRAINAGE AREA RELATIVE TO RELEASE OF CONSTRUCTION BOND AND REIMBURSEMENT OF MONIES ADVANCED BY DAON, ACKNOWLEDGING A TRANSFER IN THE PAYMENT OBLIGATION AMOUNT TO J. M. PETERS COMPANY, INC. AND RESCINDING RESOLUTION NO. 81-88-5 * * * * * * * * * * * * * * * * * * * WHEREAS, the District and Daon Corporation negotiated an agreement dated February 27, 1980; pertaining to the financing of the construction of new expanded trunk sewer facilities to serve the Big Canyon Drainage Area, which is designated as Zone 2 within District No. 5 boundaries; and, WHEREAS, said agreement provides that Daon Corporation, as a bene- fited proptery owner within zone 2 of the District, will make payment of the sum of $400,000.00 to the District, a portion of which is deemed to be advance payment of required connection fees, to aid in construction of facilities to serve the Big Canyon drainage area; and, WHEREAS, ownership of said property within Zone 2 has now been trans- ferred from Daon Corporation to J. M. Peters Company, Inc.; and, WHEREAS, an agreement has been negotiated with J. M. Peters Company, Inc. to absorb said obligation for advance payment of connection fees to the extent of $350.000.00 to aid in construction of facilities to serve the Big Canyon drainage area: and, WHEREAS, on June 10, 1981, the Board of Directors of County Sanitation District No. 5 adopted Resolution No. 81-88-5 approving Addendum AGENDA ITEM #5(A) "C-1" "C-2" No. 1 to said agreement providing for a time extension from June 1, 1981, to September 1, 1981, relative to the provision for release of construction bond and reimbursement of monies advanced by Daon if a construction contract had not been awarded by June l, 1981; and, WHEREAS, Amendment No. l dated July l, 1981, to the agreement with Daon Corporation has been negotiated incorporating the provisions of approved Addendum No. 1 and acknowledging transfer of the obligation for advance payment of connection fees to the extent of $350,000.00 from Daon Corporation to J. M. Peters Company, Inc. NOW, THEREFORE, the Board of Directors of County Sanitation District No. 5 of Orange County, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section l. That Resolution No. 81-88-5, approving Addendum No. l to agreement with Daon Corporation re advance payment of connection fees to aid in construction of facilities to serve the Big Canyon drainage area, providing for a time extension from June 1st to September 1, 1981, rela- tai ve to release of construction bond and reimbursement of monies advanced by Daon if a construction contract has not been awarded by June 1, 1981, be, and is hereby, rescinded; and, Section 2. That Amendment No. 1, dated July 1, 1981, to said agreement dated February 27, 1980, by and between County Sanitation District No. 5 and Daon Corporation, providing for a time extension from June 1, 1981, to September 1, 1981, relative to release of construction bond and reimbursement of advance by Daon if a construction contract has not been awarded by June 1, 1981, and acknowledging a transfer of their advance payment obligation to the extent of $350,000.00 to J. M. Peters AGENDA ITEM #5(A) "C-2" "C-3" Company, Inc. is hereby approved and accepted~ and, Section 3. That the Chairman and Secretary of the District are hereby authorized and directed to execute said addendum in form approved by the General Counsel. PASSED AND ADOPTED at an adjourned regular meeting held July 1, 1981. AGENDA ITEM #5(A) "C-3" "D-1" RESOLUTION NO. 81-94-5 APPROVING AGREEMENT WITH J. M. PETERS COMPANY, INC. FOR ADVANCE PAYMENT OF CONNECTION FEES A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA, APPROVING AN AGREEMENT WITH J. M. PETERS COMPANY, INC. FOR ADVANCE PAYMENT OF CONNECTION FEES AND OTHER MONIES TO DISTRICT TO AID IN THE CONSTRUCTION OF FACILITIES TO SERVE THE BIG CANYON DRAINAGE AREA AND PROVIDING FOR REIMBURSEMENT THEREOF * * * * * * * * * * * * * * * * * * WHEREAS, the District and J. M. Peters Company, Inc. have entered into negotiations pertaining to the financing of the construction of new expanded trunk sewer facilities to serve the Big Canyon Drainage Area, which is designated as Zone 2 within District No. 5 boundaries; and, WHEREAS, it is proposed that J. M. Peters Company, Inc., as a bene- fited property owner within Zone 2 of the District will make payment of the sum of $350,000.00 to the District, a portion of which sum shall be deemed to be advance payment of required connection fees, to aid District in financing the cost of construction of facilities to serve the Big C~nyon drainage area; and, WHEREAS, the parties desire to make provision wherein the District will reimburse J. M. Peters Company, Inc. for any monies paid to District to aid in construction which exceed the total financial obligation owing the District for connection fees. NOW, THEREFORE, the Board of Directors of County Sanitation District No. 5 of Orange, California, DO HEREBY RESOLVE, DETERMINE AND ORDER: Section 1. That certain agreement dated by and ------------------------------ between District No. 5 and J. M. Peters Company, Inc., providing for the AGENDA ITE~ #5(B) "D-1" . ., "D-2" payment of $350,000.00 to District to aid in the construction of facilities to serve the Big Canyon drainage area and other terms and conditions, including the reimbursement of certain portions of the sums paid by J. M. Peters Company, Inc., is hereby approved and accepted; and, Section 2. That the Chairman and Secretary of the District are hereby authorized and directed to execute said agreement in form approved by the General Counsel. PASSED AND ADOPTED at an adjourned regular meeting held July 1, 1981. AGENDA ITEM #5(B) "D-2" RE: AGENDA ITEM NO. 3 June 10, 1981 COUNTY SANITATION DISTRICT NO. 5 SEWER SERVICE CHARGE REPORT FOR FISCAL YEAR 1981-82 COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 (714) 540-2910 (714) 962-2411 This report is prepared pursuant to the requirements of California Health and Safety Code Section 5473. County Sanitation District No. 5 is responsible for the collection, treatment and disposal of sewage generated within its boundaries. These services are essential to the protection of the health and safety of the public served by the system. Enactment of Proposition 13 substantially reduced income to the District from ad valorem taxes on real property. Future tax revenue, estimated in reports on file in the office of the Secretary of the District, will not provide the required fund- ing to operate, maintain and rehabilitate the system. Therefore, a sewer service charge is necessary to supplement the revenue sources for the forthcoming fiscal year. The Board of Directors of County Sanitation District No. 5 proposes consideration of an ordinance that will prescribe fees and charges for sanitary sewer services pro- vided by the District to be charged to the respective parcels of property within the territorial jurisdiction of the District. This report contains a description of each parcel of real property that will receive the services of the District and have access to utilization of the facilities, said parcels of real property being described by reference to maps prepared in accordance with Section 327 of the California Revenue and Taxation Code and on file in the office of the County Assessor, which maps are hereby incorporated herein by reference. The Ordinance under consideration by the governing Board of Directors of the District will provide revenues which shall be used only for the acquisition, construction, reconstruction, maintenance and operation of sanitary sewer facilities, and shall not be used for the acquisition or construction or maintenance of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers provided by the District. The proposed sewer service charge for fiscal year 1981-82 to be assessed against e~ch user of the District's sewerage system based on the user's connected water meter size is set forth on Table A, attached hereto. Said table also sets forth exemption pro- visions. The estimated 1981-82 charge for each parcel based on the last equalized assessment roll is on file in the office of the Secretary of the District. If the proposed Ordinance is adopted, the Board of Directors may elect to have such charges for the forthcoming fiscal year collected 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 of this District and the County of Orange. At the time stated in the notice setting the public hearing on this report, the governing Board of Directors shall hear and consider all objections or protests, if any, to said report referred to in said notice, and may continue the hearing from time to time. J. Wayne Sylvester, Director of Finance TABLE A CONNECTED WATER METER SIZE 1981-82 ANNUAL CHARGE l" or less $ 26.40 1~" 52.50 2" 105.00 3" 210.00 4" 420.00 6" 840.00 8" 1,680.00 If a parcel contains more than one water meter, then the charge applicable to each meter shall be added together and the sum levied against the parcel. In recognition that certain legal parcels of real property exist within the District which are not connected to the District system and that other properties acquire considerably greater potable water than is ultimately discharged to the District's system it is the intent of the District that said parcels be exempt totally or in part from the payment of charges as prescribed herein. Any property owner may appeal the assessment of the charges and submit a claim for rebate to the District on the forms prescribed and provided by the District, within one hundred twenty (120) days after the annual property tax bills are mailed by the Orange County Tax Collector. All applications for rebate of an assessment will be determined by the General Manager of the District, who may grant a partial or full rebate or adjustment of the charge based on receiving satisfactory proof tha.t an inequity exists between the amount or assessment and the amount of wastewater dis- charged to the District's system. Such inequities may include, but are not limited to: a) the number of connections on the parcel differs from the assessment; b) no service connection to the District system exists from the parcel assessed; c) principal water use is agricultural d) any other use wherein the amount of wastewater discharged to the District's system is significantly less on a regular basis than the amount of potable water received as measured by the meter on the property. Pursuant to the authority granted by California Health and Safety Code Section 5473, all 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. In the event District determines that errors or inequities exist in the amount of charges to be collected by the County Tax Collector, District may submit a bill for any difference directly to the property owner. Said invoiced amount shall be due and payable within thirty (30) days of invoice date. A credit shall be allowed to all dischargers permitted pursuant to Article 3 of Ordinance No. 508 for the annual sanitary sewer service charge established by this Ordinance in the same manner as credit is allowed for ad valorem taxes pursuant to Section 302.6 of Ordinance No. 508. -Declare hearing open COUNTY SANITATION DISTRICT NO. 5 USER FEE HEARING -R & F "Report" (see if we need to approve) -Staff report on proposed user fee This is the time and the place noticed for the purpose of receiving a written report pertaining to the providing of sewer service for all properties within the District and to establish a fixed service charge to be collected on the property tax roll for next fiscal year. -Opening comments (see outline) -Slide presentation· -Summary comments -Prop. 13/Utility/Essential Services (see outline) -Summarize Public Workshop commentary -Attendance -June 11 -9 -June 16 -6 -June 18 -O (Councilman Hummel & wife late) June 25 -Public service/interest groups -June 2 -Homeowner's Assoc.'s Pres.'s -6 -June 9 -Public service/interest -O -June 9 -Public service/interest -0 -June 15 -Chamber of Commerce -12 -June 18 -Board of Realtors -SO -Commentary -Prop. 13 -cut costs -Equity -Multiple Dwellings -Volume/Water Bill -Growth -Dist. 5 Only -Return Card Summary -Staff response to address commentary (see outline) -Prop. 13/Essential Services/Utility-sole function/ Reduced Revenue/etc. -Equity -Intent everyone pay fair share -Identify multiple dwellings -Board action of 6-10-81 (verbatum) -Volume/Water Bill -Tax Bill most economical -Problems on City Water Bill also (not co-terminus w/District boundaries) -Growth -Separate connection fee -District 5 only -Unique problems -Other Districts (all Coastal) to follow ~ ~ Others from post cards, ie., partial year, etc. -) -., - -Receive and File Written Communications, if any \,,,,;/ -Chamber of Commerce -Oral Public Conunents -Staff Response to Oral Comments -Close Hearing -Consideration of Ordinance No. 511 -When considering adoption of Ordinance No. 511, the Directors may wish to consider -We expect some vocal opposition at the July 1st hearing -However, based upon the extremely limited participation at the public meetings to date, there appears to be very little community opposition to implementation of the fee -The concerns expressed have been addressed -The Two Major Concerns are: -Prop. 13 -While we all appreciate the intent and mandate of Prop. 13, District No. 5 is somewhat unique. It is an essential service for protecting the public health and safety -As a sewerage agency, it is a single-purpose utility without the luxury of so-called unnecessary or nice-to-have projects and costs that can be eliminated without seriously jeopardizing the public health and safety. -Our operating costs are being affected by influences beyond our control. -Inflation -Escalating Energy -Stricter Federal & State Regulations -Equity While it is extremely difficult to arrive at total equity without incurring very high costs of admini- stering the program the Board addressed the problem at the June 10th meeting adopting the f?llowing action: -Reaffirmed the Board's intent that the proposed program of sewer service charges be equitable, and directing the staff to conduct a study of multiple dwelling and commercial properties within the District and to submit a report and recommendations prior to July 1, 1982, for any modifications of the program necessary to correct inequities found to exist, for consideration and implementation by the Board for the 1982-83 fiscal year This will enable us to arrive at achieving substantial equity yet keep the cost of administering the program to a minimum. -We really have no alternative but to implement a user fee. If we don't, without the added revenue to replace the 60% reduction because of Prop. 13 -We will not have sufficient funds to rehabilitate the rapidly deteriorating collection system -We will not have sufficient funds to pay increasing operating costs in the not-too-distant future and thus, because all of District S's wastewater is pumped, the sewage could not be transported out of the area to the treatment plant -4- .· ~ -If we delay the decision -It will be more difficult to implement at a later date because the opponents will, with the taste of victory, be able to generate organized opposition the next time -We will incur considerable costs and effort to go through the necessary procedures again -Adopt County Sanitation District No. 5 Sewer Service Charge Report for Fiscal Year 1981-82 -Standard Wording re Adoption of Ordinance No. 511 (Note -if the Board wishes to favorably consider the ordinance, the following actions are appropriate) -5- I COUNTY SAN ITATI ON DISTRICT NO. 5 USER FEE PUBLIC HEARING Note to Directors: The following suggested agenda outline has been prepared to assist the B'oard in conducting the user fee hearing. July 1, 1981 Chair (2) PUBLIC HEARING ON PROPOSED ORDINANCE NO. 511, AN ORD I NAN CE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 ESTAB LI SHING SAN ITARY SEWER SERVICE CHARGES Chair Staff (a) DEC LARE HEARING OPEN (b) STAFF REPORT ON PROPOSED USER FE E -This is the time and t he place noticed for the purpose of receiving a written report pertaining to the pro v iding of sewe r service for all properties within the District and to establish a fixed service c harge to be co llected on the property t ax roll for the 1981 -82 fiscal year . -Staff opening c onnnents -Staff s lide presentation Staff sununary of public connnentary to date -Public Workshops (and attendance) -June 11, -June 16' -Jun e 18 , -J une 25 , City Ha ll -9 Oasis Center -6 Police Department Au ditorium -0 Police Department Au ditorium -6 -Public Service/Interest Groups (and attendance) June 2 , Homeown er 's Assoc . 's Pres. 's -4 -June 9, Public Service/Interest -6 -June 9, Public Service/Interest -0 -June 15 , Chamber of Commerce -12 (Regular mtg-captive a udience) June 18, Board of Realtor s -SO (Regu lar mt g -cap ti ve audience) -City Coun ci l -April 13th -June 8th -Public Comme ntary Is sues -Prop. 1 3 -economy :. Equity -Multip l e dwellings /u se -Volume/water bill -Growth -Why Dist. 5 only? -Return Card Sununar y Chair Ch a il· -Staff response to address commentary to date -Prop. 13 -Essential Services -Utility-sole function -Reduced Revenue -Equity -Intent everyone pay fair share -Identify multiple dwellings -Board action of 6/10/81 directing staff to study and report back -Uniform Connection and Use Ordinance for industrial and large commercial dischargers -Volume/City water bill -Tax bill most economical -Problems on City water bill also (not co-terminus w/District boundaries ) -Growth -Separate connection fee paid by developers -District 5 only -Unique problems -Reserves used up sooner -Other Districts (all Coastal) to follow (c) RECEIVE AN D FILE WRITTEN COMMENTS, IF ANY (copies in agenda folder) -One formal communication to the Board has been received from the Ne wport Harbor area Chamber of Commerce, dated June 15, 1981, suppo rting the proposed seweT use fee In addition, a letter dated June 26, 1981, has been received from the Lido Is l e Community Association in opposition to the fee; Note to Directors -Please see staff response to association attached to letter (d) CALL FOR ORAL PUBLIC COMMENT, IF ANY Directors ) ( ) DIRECTORS AND/OR STA FF RESPONSE TO ORAL PUBLIC COMMENT Staff ) e Chair (f) CLOSE PUBLIC HEARING NOTE TO BOARD ~ffiMB ERS : -When considering adoption of the Sewer Servi ce Charge Report and Ordinance No. 511, the Directors ma y wish to consider the following staff observations: -We expect some voca l opposition at tonight's hearing -However, based upon the extremely limited participation at the public meetings to date, there appears to be very little community opposition to implementation of the fee -The concerns expressed have been addressed (see following) -2- The three major concerns are: -Prop. 13 -While we all appreciate the intent and mandate of Prop. 13, District No. 5 is somewhat unique -It is an essential service for protecting the public health and safety -As a sewerage agency, it is a single-purpose utility without the luxury of so-called unnecessary or nice- to-have projects and costs that can be eliminated without seriously jeopardizing the public health and safety -Operating costs which, because of pumping, are higher than the other six Districts, are being affected by influences beyond our control -Inflation -Escalating Energy -Stricter Federal & State Regulations -Equity While it is extremely difficult to arrive at total equity without incurring very high costs of administering the program the Board addressed the problem at the June 10th meeting adopting the following action: -Reaffirmed the Board's intent that the proposed program of sewer service charges be equitable, and directed the staff to conduct a study of multiple dwelling and connnercial properties within the District and to submit a report and reconunendations prior to July 1, 1982, for any modifications of the program necessary to correct inequities found to exist, for consideration and implementation by the Board for the 1982-83 fiscal year This will enable us to achieve substantial equity yet keep the cost of administering the program to a minimum -Growth· -User fees will not pay for new capacity to accomodate growth -New development pays a separate connection fee -We really have no alternative but to implement a user fee. If we don't, without the added revenue to replace the 60% reduction because of Prop. 13 -We will not have sufficient funds to rehabilitate the rapidly deteriorating collection system -We will not have sufficient funds to pay increasing operating costs in the not-too-distant future and thus, because all of District S's wastewater is pumped, the sewage could not be transported out of the area to the treatment plant ., -If we delay the decision -It will be more difficult to implement at a later date because the opponents will, with the taste of victory, be able to generat e organized opposition the next time -We will incur considerable costs and effort to go through the necessary procedures again Therefore, staff respectfully reconunends : -Adoption of County Sani tation District No . 5 Sewer Service Charge Report for Fiscal Year 1981 -82 -Adoption of Ordinance No. 511 Chair (3) CONSIDERATION OF MOTION TO RECEIVE, FILE AND CONSIDER ADOPTION OF COUNTY SAN I TA TION DISTRICT NO. 5 SEWER SERVICE CHARGE REPORT FOR FISCAL YEAR 1981-82 Chair (4) CO NSIDERATION OF PROPOSED ORDI NANCE NO . 511, AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 ESTABLISHING SANITARY SEWER SERVICE CHARGES: (a) SECOND READING OF PROPOSED ORDINANCE NO. 511, AN ORD I NANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 ESTABLISHING SANITARY SEWER SERVICE CHARGES: SEE PAGE "A" (a) (1) CONSIDERAT I ON OF MOTION TO READ ORDINANCE NO. 511, AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 ESTABLISHING SANITARY SEWER SERVICE CHARGES, BY TITLE ONLY, AND WAIVE READING OF SAID ENTIRE ORDINANCE (MUST BE ADOPTED BY UNANIMOUS VOTE OF DIRECTORS PRESENT) (21 DISCUSSION AND COMMENTS, IF ANY (3) CONSIDERATION OF ROLL CALL VOTE ON ORDINANCE NO . 511, AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 ESTABLISHING SANITARY SEWER SERVICE CHARGES -4- _ti do !J1(E COlv1MUNITY ASSOCIATION 701 VIA LIDO SOUD. LIDO ISLE NEWPORT BEACH. CALH·ORl'11A TELEPHONE· 673·6170 92663 June 25, 1981 County Sanitation Districts of Orange County P.0.-Box 8127 .Fountain Valley, CA 92708 Attn: Mr. Fred A. Harper, General Manager Dear Mr. Harper: AGENDA ITEM 2Cc) The Board of Directors of the Lido Isle Community Association has reviewed the available data on·your proposed sewer use fee for #5 district of the County Sanitation Districts. By unanimous vote we oppose your proposition, and further request that this letter be recorded as a negative vote representing our segment of the Newport Beach residents. It is our opinion that this proposed fee is redundant to the exist- ing sewer service charge, violates the intent of Proposition 13, and this fee is not imposed just for a one-time rehabilitation of the system, but will continue, and increased, to cover nor.mal future operating costs for a full tax supported public utility. ,, Si nce~ely, _., , '----Jr-= ,, it/~~~ William F. Shaver (~~ J Director ') Lido Isle Community Association \~FS: rr A Non-Profit Cooperative Organization ~f All Lido Isle Property Owners . -;;·-_ ~- . 1 f COUNTY SANITATION Drsi"RICTS . I I, TEL.£ PHONES: ARE.A COD£ 714 540-2910 962-2411 i I OF ORANGE COUNTY, CALIFORNIA I' P. C. BOX 8127. F'OUNTAIN VALLEY. CALJF'ORNIA 92708 10844 ELLIS AVENUE { EUCLJO OF'F'-RAM~. SAN OIEGO F'REEWAY) Lido Isle Community Association 701 Via Lido Soud Lido Isle Newport Beach, CA 92663 June 29, 1981 Attention: William F. Shaver, Director Subject: Proposed County Sanitation District No. 5 Sewer Service Charge ----------------------------------------·---··--------···· Tilis will acknowledge receipt of your letter dated Jt.me 25th regarding the proposed County Sanitation District No. 5 Sewer Use Fee. The issues facing District No. 5 are complex and, thus, difficult to adequately \,,,,.) explain in a letter. As you are aware, our staff has been conducting a series of public workshops throughout the area where a full report has been presented on the problems that District No. 5 must solve. We have also met with community service and interest groups and in late May we invited the Presidents of the more than 60 local homeowner's associations to a special presentation on Tuesday, June 2nd. No one attending any of the meetings has identified themselves as represent- ing Lido Isle Community Association. We would, therefore, like to take this opportunity to briefly address the points which you have raised in your above referenced letter as it appears this information may not have been available to your board at the time it considered this matter. We recognize that Proposition 13 is an important issue with the taxpayers. Unfortunately, in providing for the allocation of post-Proposition 13 tax revenues, neither the initiative or the subsequent implementing legislation recognized the Wlique needs of essential property related services such as water and sewer. District No. 5 is an operating utility, its sole function is the collection, treatment and disposal of sewage. It performs no other services. To assure the protection of the public health and safety in the Newport area it is necessary for the District to collect a sewer service fee to provide the required funds to rehabilitate and operate the sewerage system. Because of the more than 60% re- duction in tax revenues since 1978, your assumption that the District is a "fully tax-supported" publi_c utility is no longer corxect. You are correct that following rehabilitation of the deteriorating system which is, incidentally,· one of the oldest in the County, the user fees will be appro- priated to cover rising operating costs. However, we would like to point out that these increasing costs are, for the most part, beyond our control and are caused by skyrocketing energy.costs, escalating inflation and more stringent regulations imposed by state and federal regulatory agencies. Without necessary /--:_ -,;.-;;. ~~, Lido Isle Connntm.ity Association Page Two June 29, 1981 COUNTY SANITATION DISTRICT~ of ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127 108.U ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 (71"4) 5"40-2910 (71"4) 962-2-411 funds to operate and maintain the system it would shut down when reserves are fully depleted. Again, needless to say, this would seriously jeopardize the connnunity's health and safety. Obviously, we have the responsibility not to let this situation occur. We would also like to clarify that the proposed charge is not a redundant charge. The fee which is paid to the City of Newport Beach on the bi-monthly water bill is for the maintenance and operation of the City's street sewers to which each property is connected. Tile City's system, in turn, connects to the District No. 5 network of tnmk sewers and pumping systems. 1be proposed fee is for the rehabili- tation and operation of the District system only. We sincerely appreciate your interest concerning the proposed fee. We would like to urge that you attend the public hearing on July 1st at 7:30 p.m. where, once again, we will present a full report on the problems that must be resolved by the District. We will also explain the District's operations and describe some _of the policies practiced here that enable us to reduce costs and keep expenditures at a minimum level. However, if you are t..mable to attend, if you will call me at \,,,,,,,) (714) 540-2910, I will be most pleased to further discuss this matter with you and answer all of your questions. JWS: dt bee: Chairman Heather Director Cox ,,,,...,-- Supervisor Riley J. Wayne Sylvester Director of Finance and Board Secretary DON K. PORTER EXECUTIVE DIRECTOR June 15, 1981 AGENDA ITEM 2Cc) Nettport Harbor Area Cha111.ber of Con1111erce 1470 JAMBOREE ROAD • NEWPORT BEACH, CALIFORNIA 92660 (714) 644-8211 Orange County Sanitation District D5 is proposing an increase in sewer use fees for maintenance and rehabilitation. The Newport Harbor Area Chamber of Commerce Board of Directors at its June 15, 1981 meeting voted to support the proposal. L July 1, 198 1 ViE ETIN G DA TE -------- 7: 30 p.m. D 5 I STRI CTS -------- DISTRICT l (EDGA R)······· ·SHARP ·······------ (CRANK)······· ·HUTCHISO N··· ------ (BRICKf;:N) ······LUXEMBOURGER ------ (R I LEY )······· ·STANTON····· ------ DJSTRJCT 2 FRIED )······· ·WEDA A · · · · · · · _____ _ SEYMOUR ) · · · · · ·ROTH· · · · · · · · _____ _ WINTERS)····· ·BORNHOFT· · • · _____ _ LE BARON) · · · · ·FOX · · · • · · · · · ECKEMRODE )· ···HOLT········====== OD LUM ) · · · · · · • · KAWA NAM I · · · · BRICKEN )······LUXEMBOURGER== == == WI EDER ) · · · · · · · NESTANDE · · • · VAN DASK) .... ·NIELSEN ····.------ (CULVE r)····· ··PERRY·······====== (W EDEL ········ROGET······· (B EYER ········SMITH ·······====== DISTRICT 3 COLLINS ······VAN DYKE ···· sc I T7 ) • · • • · • • ·LASZLO · • • • • ------ VAN DASK), •••• ADLER •....• ------ PERRY)······· ·CULVER ·····.------ EDv/ARDS) • · • · • · FINLA'tSON · · · == == == MAN DI C) •• ·····FINLEY······--___ _ LE BARON )· • • • • GAMB I NA· • • · • _____ _ BR I CKrN) • · · · · ·LUXEMBOURGER _____ _ ROWAN · · · · · · • ·MULLEN· • · · · · _____ _ DAVIS ········REESE······· MARSHOTT) · · · · ·ROMAGNINO · · .------. SEYMOUR)······ROTH········== == == ZOMMICK ) ······SYLVIA ······ ROGET)······· ·WARD········ ------ (NESTANDE) ·····WI EDER······====== (BORN HOFT ) ·····WINTERS·····--___ _ DISTRICT 5 Ws1t (MAURER)····· · ·HEATHER·· · · · V ..L._ -- (STRA USS)····· ·COX········.~ V"" -- (STANTON)····· ·RILEY······.~ _L_ -- DISTRICT 6 ~CRANK)······· ·HUTCHISON···-·----- !iEATHf;:R) ······PLUMMER····· ------ RI LEY)······· ·STANTON·····------ DISTRICT 7 (SHARP)········ EDGAR _____ _ BEYER ) •• •·• •• • SMITH HEATHER )···.·· ·HART········====== BRICKEN)······LUXEMBOURGER WI EDER) • · • · · • · NESTANDE · · · · _____ _ SILLS) • · · • • ·VARDOULIS· · · HANSON)·······WAHNER······== == == DISTRICT 11 FINLEY ·······PATTINSON ··· MAC ALLISTER) ·BAILEY·····.------ NESTANDE) ·····WIEDER······====== 6/10 /81 JOINT BO ARDS Newpo rt Be ach City Ha ll VAN DAS K) ·····ADLER·······--__ MAC ALL~STER ) ·BA I LE Y ······--__ WINTERS • · · · • ·BORNHOFT · · · ·---- STRA U ~S ······COX·········---- PERR Y ········CULVER ······--__ SHAR P • • • • • • · ·EDGAR· · · · · · · ___ _ EDW AR DS)····· ·FINLAYSON···--__ MANDJC) ·······FINLEY ······ LE BARON )·····FOX········ ·== == LE BARON )·····GAMBINA··· ·• HEATHE R)····· ·H AR T········--__ MAURER )·······HEATHER····· ECKENlODE)····HOLT······· ·== == CRANK ········HU TCH ISON··· OD LU M · · · · · · · · KAWA NA M I · · · · ---- SEITZ ········LASZLO·····.---- B R IC K~N ) ······LUXEMBOURGER==== ROWAN ) ....•.. ·MULLEN······ WIEDER )······ ·NESTANDE · · • .---- VAN DASK ) ·····NIELSEN····.---- FINLEY)······ ·PATTI NSO N···==== CULVER ) •.. ·· ··PERRY······· !HEATH~R) .... ··PLUMMER·····==== DAVIS )······· ·R EESE ······· STANTON)····· ·R ILEY······.---- WEDEL ) · • · · · · · ·ROGET·· · • · · .---- (MARS HOTT)···· ·ROMAGN INO· · .---- ~SEYMOUR)····· ·ROT H·······.---- SALTArELL I) ···SHARP ·······==== BEYER ········SMITH······· RILEY ········STANTON····.---- ZOMMIC K) ······SYLVIA······====- COLLI NS) ······VAN DY KE ···· SILLS ) · · · · · ·VARDOULIS · • .----HAN SO~) ·······WAHNER····'.---- ROGET ········WARD ·······.---- FRIED · · · · · · · ·WED AA · · · • • · .---- NESTANDE) ·····WI EDE R·····.-- BORNHOFT) ·····W I NTE RS ····.-- OTHERS HARPER······-- SY L VESTER· · · -- LEW IS·····.·-- CLARKE ······-- DAWES·······-- ANDERSON· · · • -- BROWN·······-- BAKER·······-- CONATSER····-- YO UNG·······-- WOODRUFF····-- HOHENER· · · · ·-- HOWARD······-- HUNT········-- KEITH·······-- L YNCH·······-- MARTINSON···-- STEVENS·····-- COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA MINUTES OF ADJOURNED REGULAR MEETING July 1, 1981 -7:30 p.m. Newport Beach City Hall Council Chambers 3330 Newport Boulevard Newport Beach,. California Pursuant to the adjournment of the regular meeting held June 10, 1981, the Board of Directors of County Sanitation District No. 5 of Orange County, California, met in an adjourned regular meeting at the above hour and date, at the Newport Beach City Hall Council Chambers. The Chairman called the meeting to order at 7:30 p.m. The roll was called and the Secretary reported a quorum present. DIRECTORS PRESENT: DIRECTORS ABSENT: STAFF MEMBERS PRESENT: OTHERS PRESENT: J~cqucline Heather (Chairman), John Cox., Jr. and Thomas Riley None J. Wayne Sylvester, Secretary, Blake Anderson, Rita Brown, William N. Clarke,. Tom Dawes and Ray Young Thomas L. Woodruff, General Counsel, Jacob Anderson,.Joe Devlin, Tom Evans, Frank Hughes, Jim Martin, Mary Moyer, Dennis O'Neil, L. J. · Post, Gordon Provice, William Shaver, Merrill Skilling, Dick Stewart and Margaret Stewart * * * * * * * * * * * * * * * * Public Hearing on proposed Ordinance No. 511 and Sewer Service Charge Report for 1981-82 Report for Fiscal Year 1981-82 The Chairman declared the hearing on Ordinance No. 511, An Ordinance of the Board of Directors of County Sanitation District No. 5 Establishing Sanitary Sewer Service Charges, and the County Sanitation District No. 5 Sewer Service Charge open at 7: 30 p.m •. The Secretary reported that this was the time and the place noticed for the purpose of receiving a written report pertaining to the providing of sewer service for all properties within the District and to consider Ordinance No. 511 to establish a fixed service charge to be collected on the property tax roll for the 1981-82 fiscal year. Official notice of the hearing was mailed on June 5, 1981, to over 18,000 property owners of record on the last equalized assessment roll of the County of Orange in accordance with the provisions of Section 5473.1 of the California Health and Safety Code. District No. 5 7/1/81 A legal notice of the hearing was published in the Orange Coast Daily Pilot on June 11, 1981, and again on June 18, 1981. In addition,advertisements describing the proposed sewer service .charge and announcing the hearing were published on June 3rd and 17th in the Newport Ensign, June 5th in the Orange Coast Daily Pilot and June 14th in the Los Angeles Times. The Director of Finance reiterated that the purpose of the hearing was to consider a resolution of the serious financial problems of District No. s. He stated that the root of the problem was really threefold. First, District No. 5 has an old sewer system, one of the oldest in the Collllty, that is rapidly deteriorating and is in need of major rehabilitation work, as evidenced by the recent break in Pacific Coast Highway which closed Newport Harbor in March. Secondly, impacts on operating costs beyond the District's control caused by skyrocketing energy costs, escalating inflation and more stringent treatment requirements imposed by Federal and State agencies. Thir~ly, the District's revenues have decreased by over 60% since 1978. Following a brief slide presentation depicting the issues facing the District, the staff SUIIDilarized the public commentary to date: -Four Public Workshops were held to inform property owners of the proposed sewer service fee: No. 1 -On June 11th in the Newport Beach City Council Chambers -Attendance 9 No. 2 -On June 16th at the Oasis Center in Corona ael Mar -Attendance 6 No. 3 -On June 18th at the Police Department Auditorium (Fashion Island area) -Attendance 0 No. 4 -On June 25th also at the Police Department Auditorium (Fashion Island area) -Attendance 7 -In addition, staff met with: Homeowner's Association Presidents on June 2nd -Attendance 4 Public Service & Interest Group Presidents on June 9th (two meetings) -Attendance 6 and O, respectively The Chamber of Commerce on June 15th -Attendance 12 The Newport-Mesa Board of Realtors on June 18th -Attendance SO -Staff also appeared before the City Council on April 13th and June 8th. The questions raised at these public meetings dealt primarily with the issue of: -2- ;:-i D~strict No. 5 7/1/81 -Proposition 13 and governmental economy -The equitability of the proposed system of charges -Why the charge was not based on actual volume and collected on the City water bill -Whether or not the proposed fees would be used.to pay for sewers to accomodate growth -Why District Noo 5 was the first District to require a fee and its relationship to the other six regional Sanitation Districts and the City of Newport Beach -Other technical questions relative to construction and operation of District facilities The staff also .~eported· that 198 of the response cards attached to the mailed notice were returned: -Ninety-nine owners felt.their property was not connected or were unsure, or felt their fee should be modified because of lesser water use then their water meter size might otherwise indicate~ These prop~sed fees were investigated and: Thirty-four weTe corr·ect and no adjustment. was made •. -Sixty-five were modified or assessed a zero charge because the property was not connected. -Twenty-five advised of a change of ownership. -Four thought the charge on the City· water bill paid for District sewer serviceo -Fifty-four just returned the card without comment because they thought they were supposed to. -Sixteen raised the same issues that were brought out at the public workshops. Sixty-two telephone calls asking basically the same type of questions were fielded by the office staff prior to the hearing. The Director of Finance then addressed each of the issues that had been raised in the public meetings. He explained the role of the District as a public utility~providing ~essential service necessary for ~he protection of the public health and safety, its wtique problems; and he described the financing needs proposed to be met by a user .fee~required because of a 60% reduction in tax revenues since 1978 when Proposition 13 was passed. Mr. Sylvester pointed out the Board's declared intent that the user fee program be equitable and explained the reasons for the basis of the proposed charge and its collection on the property tax bill. It was emphasized that the fees would not be used to pay for facilities to accomodate growth, as expansion of the system is funded by a separate connection fee on new development. Following the staff report the Secretary reported that two formal communica- tions regarding the proposed sewer service fee had been received, whereupon -3- District No. 5 7/1/81 it was moved, seconded and duly carried: That the following written communications regarding proposed Ordinance No. 511, ~ An Ordinance of ·the Board of Directors of County Sanitation District No .• 5 Establishing Sanitary Sewer Service Charges, be, and are hereby, received and ordered filed: -Letter dated June 15, 1981, from Newport Harbor Chamber of Commerce -Letter dated June 25, 1981, from Lido Isle Community Association The Chair then recognized the following persons who addressed the Board regardmg· the proposed sewer service charges: .Frank Hughes ·M"'err11T Skilling Tom Evans Mary Moyer Gordon Provice William Shaver Dick Stewart L. J. Post Margaret Stewart Each addressed the Board and expressed opposition to the proposed serviee charge, the reasons therefor being those previously summarized from the public meetings. Following responses to the public oral comment by Directors and staff, the Chairman declared the hearing closed at 8:44 p.m. Receive, file and adopt Sewer Service Charge Report for Moved, seconded and duly carried: Fiscal Year 1981-82 That the County Sanitation District No. 5 Sewer Service Charge Report for Fiscal Year 1981-82, be, and is hereby, received, ordered filed and adopted. Second reading of proposed Ordinance No. 511 Moved, seconded and unanimously carried: That Ordinance No. 511, An Ordinance of the Board of Directors of County Sanitation District No. 5 Establishing Sanitary Sewer Service Charges be read by title only; and, FURTHER MOVED: That the second reading of said ordinance in its entirety be, and is, hereby, waived, whereupon the Secretary read Ordinance No. 511 by title only. Adopting Ordinance No. 511 Moved, seconded and duly carried by the following roll call vote: That Ordinance No. 511, An Ordinance of the Board of Directors of County Sanitation District No. 5 Establishing Sanitary Sewer Service Charges, be, adopted: AYES: NOES: ABSENT: Directors Jacqueline Heather (Chairman), John Cox, Jr. and Thomas Riley None None -4- District No •. 5 , 7/1-/81 Approving agreement with Daon Corporation re advance payment of connection fees re Big Canyon drainage area and rescinding Resolution No. 81-88-5 Following a brief report by the General Counsel it was moved, seconded and duly carried: Tiiat the Board of Directors hereby adopts Resolution No. 81-93-5, approving agreement with Daon Corporation re advance payment of connection fees to aid in construction of facilities to serve the Big Canyon drainage area, relative to release of construction bond and reimbursement of monies advanced by Daon, acknowledging a transfer in payment obligation amount to J. M. Peters Company, In~. and . rescinding Resolution No. 81-88-5. A certified copy of this resolution is attached hereto and made a part of these minutes. Approving agreement with J. M. Peters Company, Inc. for Following a brief report by the General Counsel it was moved, seconded and duly carried: advance payment of connection fees re Big Canyon drainage area Tiiat the Board of Directors hereby adopts Resolution No. 81-94-5, approving agreement with J. M. Peters Company, Inc. for advance payment of connection fees to aid in construction of facilities to serve the Big Canyon drainage area in the amount of $350,000. A certified copy of this resolution is attached hereto and made a part of these minutes. Adjourrunent Moved, seconded and duly carried: That this meeting of the Board of Directors of County Sanitation District No. 5 be adjourned. The Chairman then declared the meeting so adjourned at 8:49 p.m., July 1, 1981. Secretary of the Board of Directors County Sanitation District No. 5 of ~ Orange County, California Chairman of the Board of Directors County Sanitation District No. 5 of Orange County, California -5-