12 - Multi-Family Study Costa Mesa Sanitary District …an Independent Special District Protecting our c ommunity’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Operations Committee From: Scott Carroll, General Manager Date: October 16, 2012 Subject: Multi -Family Study Summary The Board has been requesting information regarding the District’s policy for collecting refuse and recycling materi als from multi -family dwellings . Staff has researched and analyzed the past and current procedures for collecting solid waste materials at multi -family dwellings and has provided our findings below. Staff Recommendation That the Board of Directors recei ve and file this report. Analysis The earliest document found that describes when the Distr ict began collecting solid waste m aterials from multi -family dwellings was in 1979, when the District entered into an agreement with Orco Disposal Services. In th e agreement it defines multi -family as the following: “Multiple living units per Assessor’s Parcel – first living unit one occupancy – each additional li ving unit, one -half occupancy.” Section VI.B of the agreement stated the following:
Operations Commi ttee October 16, 2012 Page 2 of 5 “CONTRACTOR shall collect all rubbish from the residential areas of the DISTRICT at least once each week, and in addition shall provide more frequent service for such commercial occupancies or residences of f ive (5) or more units as may in the opinion of the DISTRICT Manager require such additional services.” In November 1993, the City of Costa Mesa and the District entered into an agreement to comply with AB 939, the 50% diversion requirement. Section 3.07 o f the agreement states the following: “The obligations of DISTRICT under this Agreement are limited to single -family residences and do not include multiple family residences where DISTRICT’s contractor does not now serve , commercial or industrial developm ents or institutional developments.” The 1993 agreement with the City allowed the District to grandfather in multi -family collection services that was already being performed by the District’s solid waste provider. Seven months later, in June 1994, the Di strict entered into an agreement with Costa Mesa Disposal. The general provisions of the agreement state the following: “CONTRACTOR agrees to furnish all labor, material and equipment necessary for the collection of all sold waste as defined from single family dwellings and multi -family dwellings using curbside services within the boundaries of the Costa Mesa Sanitary District…” The 1994 agreement defines multi -family dwellings as the same definition found in the 1979 agreement with Orco Di sposal Services , which states: “Multiple living units per Assessor’s Parcel – first living unit one occupancy – each additional li ving unit, one -half occupancy.” In July 2006, the District entered into an agreement with CR&R Environmental Services. The general provisi ons of the agreement and the definition for multi -family dwellings are the same as found in the 1994 agre ement with Costa Mesa Disposal. Staff ran a query of the multi -family parcels currently being served by the District and estimated approximately 1,200 parcels have four or less units and 132 parcels that had five or more units. The breakdown on parcels with fi ve or more units is as follows: 62 parcels with 5 units = 310 units 45 parcels with 6 units = 270 units 9 parcels with 7 units = 63 units
O perations Committee October 16, 2012 Page 3 of 5 5 parcels with 8 units = 40 units 3 parcels with 9 units = 27 units 5 parcels with 10 units = 50 units 1 parcel with 11 units = 11 units 2 parcels with 12 units = 24 units A total of 485 units are being served by the District that has multi -family facilities with five or more units. Staff believes these units were being serviced by Orco Disposal Services beginning in 1979 and then they were grandfathered in 1993 after the City and District entered into an ag reement to comply with AB939. Can facilities with five or more units that are serviced by the District use the bin service (e.g. 3 -yard bins )? Technically, yes, but when these facilities were constructed a bin enclosure was n ot required as it doe s now for multi -family dwellings . These facilities do not have adequate space to construct bin e nclosures to store 3 -yard bins. See pictures in Attachment A. Can the multi -family facilities with four less u nits use bin service? Tech nically the answer is no. The State of California defines multifamily dwellings as a residential facility that consists of five or more living units. So, dwellings with four or less units are considered single -family by the State. Furthermore, as menti oned earlier, the general provisions of the agreement with CR&R states the following: “CONTRACTOR agrees to furnish all labor, material and equipment necessary for the collection of all sold waste as defined from single family dwellings and multi -family dw ellings using curbside services within the boundaries of the Costa Mesa Sanitary District…” The definition of curbside service is operating or occurring at or along the sidewalk or curb. The District’s curbside collection program requires residents to rol l their trash containers in the street next to the curb for collection. After the refuse truck emptied the trash containers, residents must roll their containers back onto their property and out of public view. Bin service does not require the bins to be rolled out in the street. The refuse truck will enter onto the multi -family facility where the driver will pull the bin out of the enclosure and then the truck will pick up and empty the bin. On rare occasions you will find bins on the street for collec tions (e.g. Hamilton Street), but that is because the facility’s property is not large enough for the refuse truck to enter. Operations Committee October 16, 2012 Page 4 of 5
The Board could amend the franchise agreement and allow for bin s ervice, but the multi -family facilities would need to demonstrate it has enough room to construct a bin enclosure and such enclosu res needs approval by the City. Can a multi -family facility switch from bin service to automated cart service that is provided by the District? Technically, yes, but there are several steps the owner(s) must perform before the service is changed. First, the owner must demonstrate where the containers will be stored out of public view. Then, the owner must demonstrate there is enough room in the street to place the containers next to the curb for collection. If the multi -family facility includes condominiums or townhomes in which each individual unit is privately owned, then the District would require approval from each owner t o switch the service and agree that an assessment fee will be applied on his/her property tax roll. The decision must be unanimous from every owner. The District will not accept approval from the home owner assoc iation to switch the service. Strategic Ele ment & Goal This item will achieve the objective and strategy of CMSD’s Strategic Plan Element 2.0, Solid Waste, which states: Objective: “Our objective is to manage the collection and recycling of residential trash in the most economical and environment ally friendly way” Strategy: “We will do this by looking for ways to improve efficiencies, achieve high customer satisfaction, and considering prudent new recycling methods.” Legal Review Not applicable. Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the October 16, 2012 Operations Committee meeting at District Headquarters and on District’s website. Operations Committee October 16, 2012 Page 5 of 5 Alternative Actions
1. Direct staff to report back to the Board of Directors with more information regarding the possibility of City’s franchisees taking over all multi -family dwellings currently being serviced by CMSD. This would require discuss ions with City staff.
Attachment A 651 -653 W Wilson 2175 -83 Maple
2151 -53 Orange