HomeMy WebLinkAboutOCSD-35 REPEALED BY
ORDINANCE NO. 00SD-35 OCSD-41
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 Charoes Ordinance—Adopted
TABLE OF CONTENTS
ARTICLE I: 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 Pennittees
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. Findinas — 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 8 Safety Code Section 4700 at seq.). By action of the Board of
Directors of the Predecessor Districts, pursuant to speck 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 to connect to and gain access to the system. These
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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 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.
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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 XIIID.
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 speck 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, 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
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residential, commercial, or industrial use and which, at the request of the owner or the
owners predecessor-in-interest, is connected to the District's 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 2.03E 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 District's 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 District's 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.
The amount of any rebate shall not reduce the charge payable by any property
owner, whose property is connected to the District's 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
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District, or the County Tax Collector. Such proof shall include, but not be limited to,
proof that:
(1) The owners 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 Califomia 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 at seq., and
shall be presented to the District as provided in the Government Tort Claims Act,
Government Code Sections 915 at 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 Charoe 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 District's 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.
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 2.0513 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.
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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.
TABLE A
ANNUAL SEWER SERVICE USER FEES
RESIDENTIAL USERS
FISCAL YEAR 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 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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TABLE B
ANNUAL SEWER SERVICE CHARGES
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%
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TABLE B (CONTINUED)
ANNUAL SEWER SERVICE CHARGES
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 Small 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 70%
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 for 2 rental units 85%
34 Dormitory 97%
42 Hospital 97%
43 Hotel 97%
0 Conversion-C/1, Rural PC 100%
2 One Residence 100%
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TABLE B (CONTINUED)
ANNUAL SEWER SERVICE CHARGES
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 8 Related Buildings 101%
38 Funeral Home 101%
60 Nursing Home 102%
61 Convalescent Hospitals 102%
62 Converted Res. Used as Nursing 102%
28 Bowling 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 1240/6
54 Converted Residence to Medical 124%
89 Average Flow Shopping Center 139%
20 Amusement Parks 1440A
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: Multiply the Table A Single Family Residential Rate by the percentage figure above in
order to determine the rate per 1,000 square feet for the commercial or industrial user.
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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 District's 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 ll. Severabilily. 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 . 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.
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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 February 27, 2008.
/ Q
CH , BOARD OF DIR TORS
O E COUNTY SANITATION DISTRICT
ATTES�T:n/l �,•I /yy
/ X - 4i�
CLERK OF Tli BOARD
ORANGE COUNTY SANITATION DISTRICT
BRAIYLEY IR. HOGIN, GEN COUNSEL
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STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, PENNY M. KYLE, Clerk of the Board of Orange County Sanitation District, do
hereby certify that the above and foregoing Ordinance No. OCSD-35 was passed and
adopted at a regular meeting of said Board on the 270 day of February, 2008, by the
following vote, to wit:
AYES: Jim Ferryman, Chair; Charles Antos; Larry Crandall; Leslie Daigle;
Doug Davert; Rose Espinoza; Rich Freschi; Don Hansen; Phil
Luebben; Patsy Marshall; Darryl Miller; Roy Moore, Ken Parker;
Dave Shawver; Sal Tinajero; Mark Waldman; Jim Winder
NOES: Don Bankhead; Bill Dalton; Jon Dumitru; Joy Neugebauer; Harry
Sidhu; Constance Underhill
ABSENT: Chris Norby; Christina Shea
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of
February, 2008.
Penny M. 4 le
Clerk of the Board
Orange County Sanitation District
H9DEPTGMOV WO 151 B&ORDINANCESTORMSOROINANCE CERTIFICATION=