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Minutes - Board - 2001-08-14• COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING AUGUST 14, 2001 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in special session on August 14, 2001, at 6:00 p.m., in Council Chambers of the Civic Center, 77 Fair Drive, Costa Mesa. Vice President Woodside called the meeting to order at 6:00 p.m. Director Ferryman led the Pledge of Allegiance. Director Woodside gave the invocation. ROLL CALL: Directors Present: Arlene Schafer, Greg Woodside, James Ferryman Directors Absent: Art Perry, Dan Worthington Staff Present: Robin Hamers, Manager /Engineer; Alan Burns, Legal Counsel; Tom Fauth, Assistant Manager; Joan Revak, Clerk of the District; Marc Puckett, Treasurer. Others Present: Tom Egan 1893 Parkview Circle Costa Mesa, CA Martin Millard, 2973 Harbor Blvd., #264 Costa Mesa, CA • Clara H. Szeliga, 1.781 Anaheim Ave. #3 Costa Mesa, CA • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING AUGUST 14, 2001 PAGE 2 CONSENT CALENDAR ---------------------------------------------------- ---------------------- - -- - - -- On motion by Director Ferryman and seconded by President Schafer, the Consent Calendar, was approved. Motion carried 3 -0. REPORTS MANAGER'S REPORTS RECYCLING REPORTS Waste Diversion Report The Waste Diversion Report for July 2001 was accepted. July 2001. Approved Contract The Board approved contract payment to CR Transfer for • Payment to CR Transfer recycling services and disposal for the month of July 2001 in for $149,074.70 the amount of $149,074.70 as shown on CR Transfer invoice. END OF-CON-SENT CALENDAR ---------------------------------------------------- --- ------------- ----- - - - --- PUBLIC HEARING - CONSIDERATION OF ANNUAL TRASH COLLECTION CHARGES TO BE COLLECTED WITH THE GENERAL TAXES Mr. Burns gave a brief overview outlining the process for consideration of annual trash collection charges, explaining Proposition 218 procedural rules will be followed for the proposed increase. Mr. Burns read the requirements necessary to increase the trash rate: 1. Revenues derived from the fee or charge must not exceed the funds required to provide the property related service. 2. Revenue from the fee or charge must not be used for any purpose other than that for which the fee or charge is imposed. • 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership must not exceed the proportional cost of the service attributable to the parcel. ��S�sAx�r,q�a COSTA MESA SANITARY DISTRICT �! ^ °°° �E MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING • AUGUST 14, 2001 '�4PORA���,`` PAGE 3 4. The fee or charge must not be imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. 5. No fee or charge can be imposed for general governmental services such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to property owners. PRESENTATION OF REPORT Mr. Harriers presented a report on trash collection charges for 2001 -02 showing his review of the proposed rate of $184.62 per dwelling unit for the 2001/02 annual trash collection charge. The charge meets the substantive requirements of Proposition 218 as follows: 1. Revenues derived from the fee or charge do not exceed the funds required to provide the trash collection service. The charges are calculated by adding together the cost of components necessary to provide the service and then apportioning this to those receiving trash collection services. No components other than those directly related to providing service are used to establish rates. The components • include trash collection, recycling, education and special programs, and administration. Specifically excluded from the proposed trash collection rate is the cost for the new standardized containers which are being provided free of charge. 2. Revenue from the fee or charge is not used for any purpose other than for which the fee or charge is imposed. The revenue is used only for the components of providing trash collection service as outlined in Paragraph 1 above and as identified in the District's yearly budget. 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership does not exceed the proportional cost of the service attributable to the parcel. The amount of the yearly charge is determined by dividing the cost of all the components of providing service by the number of parcels receiving service, as the vast majority of parcels produce an approximately equal amount of solid waste and all parcels enjoy the benefits of the public education and have an opportunity to participate in the special programs. 4. The fee or charge is not imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Properties not receiving trash collection service or that receive service from other entities providing • trash collection, are not charged. ��SA9ANIr,�q`O' COSTA MESA SANITARY DISTRICT �! ^ ^ ^^ ° Ne MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING • r AUGUST 14, 2001 'yCORPO@KftO�,s PAGE 4 5. No fee or charge is being imposed for general governmental services such as police, fire, ambulance, or libraries, but is only imposed for trash collection services. The District provides only trash collection and sewer service and charges collected for trash collection are used only for that purpose. Mr. Harriers stated he determined the rate increase is necessary due to the required increase in the contractual agreement to contractors regarding the Consumer Price Index increase. Vice President Woodside verified from Joan Revak, Clerk of the District, that all required notices were duly published. Ms. Revak reported the District received 1 protest to date from a total of 20,985 parcels notified. OPEN PUBLIC HEARING Vice President Woodside opened the public hearing, requesting each speaker to limit their • protest to three minutes and advising participants that, by law, only a written protest will count. The following protests were received: Mr. Martin Millard, 3973 Harbor Blvd., #264. Mr. Millard protested the increase in trash rates stating that he was unaware of the meeting and didn't believe there was reason enough for the increase. Ms. Clara H. Szeliga, 1781 Anaheim Ave., #3. Ms. Szeliga protested the increse stating that the District needs to do a better job in its business affairs and avoid any increase and that the citizens should vote to determine if an increase is necessary. Mr. Tom Egan, 1893 Parkview Circle. Mr. Egan protested the increase stating that it was not necessary and that people should be rewarded for leaving out less trash. CLOSE PUBLIC HEARING Vice President Woodside closed the public hearing. r1 LJ • DETERMINATION REGARDING PROTESTS COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING AUGUST 14, 2001 PAGE Vice President Woodside directed Ms. Revak, Clerk of the District, to tally the number of protests. Ms. Revak determined there were 3 protests filed from a total of 20,985 parcels. Vice President Woodside determined the protest failed. ADOPT RESOLUTION NO. 2001 -649 CONFIRMING AND ADOPTING THE REPORT AND DIRECT CLERK TO FILE WITH COUNTY AUDITOR Director Ferryman motioned to adopt Resolution No. 2001 -650, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, DETERMINING THAT A MAJORITY PROTEST DID NOT OCCUR WITH RESPECT TO THE PROPOSED CHARGES FOR TRASH COLLECTION, ADOPTING THE REPORT ON FILE WITH THE CLERK OF THE DISTRICT AND DIRECTING THE CLERK TO FILE THE REPORT WITH THE AUDITOR. President Schafer seconded. Motion carried 3 -0. • PUBLIC HEARING - CONSIDERATION OF ANNUAL LIQUID WASTE CHARGES TO BE COLLECTED WITH THE GENERAL TAXES Mr. Burns gave a brief overview outlining the process for consideration of annual liquid waste charges. Mr. Burns explained the substantive requirements of Proposition 218 will be met. Mr. Burns read the requirements of Proposition 218: Revenues derived from the fee or charge must not exceed the funds required to provide the property related service. 2. Revenue from the fee or charge must not be used for any purpose other than that for which the fee or charge is imposed. 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership must not exceed the proportional cost of the service attributable to the parcel. 4. The fee or charge must not be imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Fees or • charges based on potential of future use of a service are not permitted. Standby charges must be classified as assessments and must not be imposed without compliance with the proportionality requirement for assessments. ��g,,SANITjR'o' COSTA MESA SANITARY DISTRICT he o:oo °` Np MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING • c AUGUST 14, 2001 '�gPONACeo'�w` PAGE 6 5. No fee or charge can be imposed for general governmental services such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to property owners. PRESENTATION OF REPORT Mr. Harriers presented a report on the liquid waste disposal charges for 2001 -02 showing his review of the proposed rate per category, the rates being: Single family residence $24.17 Multi- family residence $18.61 Commercial $14.06/1000 sf Industrial $41.41/1000 sf Other $12.46/1000 sf The charges will be increased for the 2001 -02 fiscal year, the increase being the first in eight years. Mr. Hamers outlined how the charges for liquid waste disposal meet the substantive requirements of Proposition 218 as follows: • 1. Revenues derived from the annual sewer fee charges do not exceed the funds required to provide the sewer service. The charges are calculated by adding together the costs of all the components of providing the service and then apportioning the required funds to each of the properties connected to the system. The components of providing the service include the yearly capital replacement projects, the maintenance and operation costs of maintaining the system and administration costs. 2. Revenues from the charge are not used for any purpose other than for which the fee or charge is imposed. No funds collected from the charges are used for expansion or augmentation to the sewer system, only the purposes as designated in the applicable statutes. Similarly, no funds derived from the charges are used for solid waste collection, recycling, or administration thereof. 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership does not exceed the proportional cost of the service attributable to the parcel. Each parcel connected to the system falls into a property category type, which has a related estimated maximum sewer flow. The maximum estimated sewer flow is based on actual flow metering tests along with flow rates calculated and established by other sewer agencies. 11 �s�sAxir.�q� mo ° 'PPORA1f.0� COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING AUGUST 14, 2001 PAGE 7 The total estimated maximum sewer flows and acres of property developed are used to determine the funding contribution from each property category type. Each individual parcel, based on the actual number of residential units or commercial /industrial /other square footage, is assigned its proportional share of the required funds of each property category type. Therefore, each property contributes its proportional share. 4. The fee or charge is not imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. Properties are only charged if they are physically connected to the sewer system. Vacant land or properties with storage or other buildings not receiving sewer service are not charged. 5. No fee or charge is imposed for general governmental services such as police, fire, ambulance, or libraries, but is only imposed for sewer services. The District provides only trash collection and sewer service and all fees collected as sewer charges are used only for related expenses. • Vice President Woodside verified from Joan Revak, Clerk of the District, that all required notices were duly published. Ms. Revak reported the District received 0 protests to date from a total of 25,559 parcels notified. OPEN PUBLIC HEARING Vice President Woodside opened the public hearing, requesting each speaker to limit their protest to three minutes and advising participants that, by law, only a written protest will count. Mr. Martin Millard, 3973 Harbor Blvd., #264, protested the $0.10 /month increase for a single family residence stating that any increase was too much. Ms. Clara H. Szeliga, 1781 Anaheim Ave., #3, protested the rate stating it was not necessary. Mr. Tom Egan, 1893 Parkview Circle, protested the sewer fees and suggested the District tie the rate to water bills as done in the City of Los Angeles. • CLOSE PUBLIC HEARING Vice President Woodside closed the public hearing. n LA DETERMINATION REGARDING PROTESTS COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING AUGUST14,2001p PAGED Vice President Woodside directed Ms. Revak, Clerk of the District, to tally the number of protests. Ms. Revak determined there were three protests filed from a total of 25,559 parcels. Vice President Woodside determined the protest failed. ADOPT RESOLUTION NO. 2001 -651 CONFIRMING AND ADOPTING THE REPORT AND DIRECTING THE CLERK TO FILE WITH THE COUNTY AUDITOR Director Ferryman motioned to adopt Resolution No. 2001 -651, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, DETERMINING THAT A MAJORITY PROTEST DID NOT OCCUR WITH RESPECT TO THE PROPOSED USER FEE FOR LIQUID WASTE DISPOSAL AND ADOPTING THE REPORT ON FILE WITH THE CLERK OF THE DISTRICT AND DIRECTING THE CLERK TO FILE THE REPORT WITH THE AUDITOR. President Schafer seconded. Motion carried 3 -0. WRITTEN COMMUNICATIONS Mr. Harriers reported there were no written communications. PUBLIC COMMENTS Mr. Millard asked for a copy of the District Articles of Incorporation. Ms. Szeliga stated there should be an election. Ms. Egan stated there should be more public outreach by the District so citizens know the business going on. ORAL COMMUNICATIONS No oral communications were stated. OLD BUSINESS Mr. Harriers reported there was no old business. • • E NEw BUSINESS COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING AUGUST 14, 2001 PAGE 9 Ms. Revak reported the ISDOC Quarterly Meeting will be held on Friday, August 24, 2001, at 11:30 a.m. at the Municipal Water District of Orange County in Fountain Valley. Mr. Paul Jones, General Manager of the Irvine Ranch Water District will be the guest speaker and the topic is "Special District Reserve Policies ". Directors Schafer, Woodside, Worthington, and Ms. Revak will attend. ADJOURNMENT At 7:10 p.m. Vice President Woodside adjourned the meeting. 11