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4c - Trash Services for Disabled Residents Protecting our community's health and the environm ent by providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District Memorandum T o: Board of Directors Via : Scott Carroll , General Manager From: Javier Ochiqui, Management Analyst Date: January 14, 2014 Subject: Trash Services for Disabled Residents Summary On December 10, 2013, CMSD staff presented the Board of Directors with concerns about trash services for disabled CMSD residents who do not want and/or do not have room for a trash container. Staff is providin g the Board of Directors with a n update. Staff Recommendation That the Board of Directors receive and file the report. Analysis CR&R currently provides free “roll -out” services as a courtesy to customers who request assistance. The District’s policy w ith regard to disabled residents is to “reasonably accommodate.” District Counsel does not recommend that we implement a more specific policy for disabled residents aside from District’s general policy of reasonable accommodation. Th is is because the ADA r equires "reasonable accommodation." What accommodations are “reasoanble” requires a case -by -case determination . If a disabled resident contacts CMSD and asks us to accommodate their disability, we look at that resident's particular needs and accommodate a ccordingly. CMSD should approach requests for reasonable accommodation on a case -by -case basis , rather than by attempting to implement a one -size -fits -all approach. One disabled resident also contends she should not have to use a trash container because she does not have room on her property. The fact that the resident does not have room is not a disability -related condition that requires accommodation unless the Board of Directors January 14 , 201 4 Page 2 of 3 reason she does not have room is related to her disability. In this particular resident’s cas e, it appears she does not have room for a trash container because of the excessive number of plants she keeps in her yard. The District has an ordinance that addresses trash containers. CMSD Operations Code Section 7.01.040 Containers state s that, “ (a) Containers used for residential collection shall be those provided by the District through its franchisee. Said containers shall be standardized to allow for fully and semi -automated collection as determined and provided by the District. Except as hereina fter provided, no person may use any other type of container after the stand ardized containers are provided.” Therefore, no other containers or trash bags can be used. In addition, Section 7.01.090 Unauthorized Use of Containers state that, “It shall be un lawful for any person to deposit solid waste in a container owned or legally possessed by another person in any place, public or private, without the written permission of the owner or legal possessor of the container.” Further, the current Agreement wit h CR&R states that, “…Contractor agrees to furnish all labor, materials and equipment necessary for the collection of all solid waste…agrees to provide containers for all single -family and small multifamily residents utilizing curb side collection…to conve rt to fully automated trash collection service.” Therefore, the placement of trash bags is not permitted under the current Agreement. As a courtesy, and if the Board wishes, disabled residents may request an exemption not to have residential carts (t rash bags as an alternative collection method). However, requests for exemptions must be made in writing and must be approved by the Board of Directors. Once an exemption request is made, staff will contact the resident and let them know the date of the Bo ard meeting in which the matter will be heard. Residents are more than welcome to attend the Board meeting to plead their case. Otherwise, the Board will base their decision solely on the letter. Strategic Plan Element & Goal This item complies the wi th objective and strategy of Strategic 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 environmentally friendly way.” “Strategy : We will do this b y looking for ways to improve efficiencies, achieve high customer satisfaction, and considering prudent new recycling methods.” Legal Review Associate District Counsel has reviewed and approved this staff report. Board of Directors January 14 , 201 4 Page 3 of 3 Environmental Review A ssisting disa bled or elderly residents by rolling out their containers or providing an alternate collection method d oes not change the number or residents being served in the District’s trash collection program and is not a disturbance of the environment directly or in directly similar to grading or construction and is not a project under CEQA or the District’s CEQA Guidelines. Financial Review If the Board of Directors decide to formally establish a program for disabled and/or handicapped residents, staff will need to consult with CR&R to determine whether additional costs will be incurred. Therefore, the financial impact is unknown at this time. Public Notice Process Copies of this report are on file and will be included with the complete a genda packet for the Januar y 14, 2014 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website .