Loading...
Minutes - Board - 2008-08-060 • • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING AUGUST 6, 2008 Call to Order The Board of Directors of the Costa Mesa Sanitary District met in special session on August 6, 2008, at 5:30 p.m. at 628 W. 19th Street, Costa Mesa. Pledge of Allegiance Invocation Roll Call Directors Present: Directors Absent: President Perry called the meeting to order at 5:30 p.m. Director Ferryman led the Pledge of Allegiance. Assistant Manager Tom Fauth gave the Invocation. Arthur Perry, Arlene Schafer, Robert Ooten, James Ferryman, Gary Monahan Staff Present: Robin B. Harriers, Manager /District Engineer; Alan Burns, Legal Counsel; Tom Fauth, Assistant Manager; Joan Revak, Board Secretary/Program Manager /Clerk of the District; Wendy Davis, Acting Treasurer; Teresa Gonzalez, Accountant; Sherry Kallab, Management Analyst Others Present: Rick Reyno, 2950 Baker Street, Costa Mesa Katherine Yong, 162 Cabrillo Street, Costa Mesa Dennis Ashenporf, 3210 Montana, Costa Mesa {N{ Costa Mesa Sanitary District ` Minutes of Board of Directors Special Meeting August 6, 2008 Page 2 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. Mr. Burns read the requirements necessary to follow Proposition 218: "Revenues derived from the fee or charge must not exceed the funds required to provide the property related service. Revenue from the fee or charge must not be used for any purpose other than that for which the fee or charge is imposed. 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. The fee or charge may 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 or 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. No fee or charge may 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." Assistant Manager Tom Fauth then presented the Engineer's Report. Presentation of Report Mr. Fauth presented the Engineer's Report stating trash collection charges for 2008- 09 are $239.41 per dwelling unit per year, which represents no increase from the previous year's charges. The charge meets the substantive requirements of Proposition 218 as follows: 1. Revenues derived from the fee or charges 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. 8b-itSI4�Po ;�; I�� u Costa Mesa Sanitary District Minutes of Board of Directors Special Meeting August 6, 2008 Page 3 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 to be 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. The District has considered a variable charge program based on the number of trash containers at each residence and those persons will pay added charges in addition to the basic service. 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 0 receiving trash collection service or that receive service from other entities providing trash collection, 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 trash services. The District provides only trash collection and sewer service and all fees collected for trash collection are used only for that purpose. President Perry verified from Joan Revak, Clerk of the District, that all required notices were duly published. Ms. Revak reported the District received no protests to date from a total of 17,956 parcels notified. Open Public Hearing President Perry opened the public hearing, requesting each speaker to limit their comments to three minutes and advising participants that, by law, only a written protest will count. There were no protests received. Close Public Hearing • President Perry closed the public hearing. 0 • • § aa�1. . Determination Regarding Protests Costa Mesa Sanitary District Minutes of Board of Directors Special Meeting August 6, 2008 Page 4 President Perry directed Ms. Revak, Clerk of the District, to tally the number of protests. Ms. Revak determined there were no protests filed from a total of 17,956 parcels. President Perry determined the protest failed. Adopt Resolution No. 2008 -757 Confirming and Adopting the Report and Directing Clerk to File with County Auditor Director Monahan motioned to adopt Resolution No. 2008 -757, 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. Director Schafer Ooten seconded. Motion carried 5 -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: 91. 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. Costa Mesa Sanitary District Minutes of Board of Directors Special Meeting August 6, 2008 • ,ti Page 5 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. Fauth presented the Engineer's Report for the liquid waste disposal charges for 2008 -09 showing a review of the proposed rate per category, the rates being the total of the base charge plus the fats, oils and grease (FOG) control program recovery fee as shown in Option 3 in the report and also shown below: Single family residence per year Multi- family residence per year Commercial w/o food service per year Commercial w /cold food service per year Commercial w /hot food service per year Industrial per year Other per year $60.71 + $2.77 $46.75 + $2.77 $35.31 A 000 sf + $2.77 $35.31 A 000 sf + $72.00 $35.31 A 000 sf + $180.00 $104.03/1000 sf + $2.77 $31.29/1000 sf + $2.77 • The proposed charges are an increase over the previous fiscal year. The rate increase is necessary due to increases in maintenance and operational costs of the sewer system and to provide additional funding for capital replacement reserves and capital replacement projects. Additional funds are also necessary to operate and maintain the sewer system in conformance with the State Water Resources Control Board's Waste Discharge Requirements (WDR). Additional funds are needed for sewer lateral assistance program. Mr. Fauth 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 base sewer 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. A variable level charge was added to each of the property categories to recover a portion of the costs of the comprehensive fats, oils and grease control program that is required under the WDR. These charges are also shown in the Engineer's Report. 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. e} r Costa Mesa Sanitary District > Minutes of Board of Directors Special Meeting August 6, 2008 Page 6 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 sewer engineers and adopted by other sewer agencies. These calculations were well documented in Resolution No. 94 -542 which was adopted by the Board in 1994. 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. In addition to the base sewer charges, a variable level charge was added to recover a portion of the costs of the new grease control program. The variable rate considers the respective burdens placed on the system by the different users. 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." President Perry verified from Joan Revak, Clerk of the District, that all required notices were duly published. Ms. Revak reported the District received no protests to date from a total of 25,096 parcels notified. Open Public Hearing President Perry opened the public hearing, requesting each speaker to limit their comments to three minutes and advising participants that, by law, only a written protest will count. • • Costa Mesa Sanitary District Minutes of Board of Directors Special Meeting August 6, 2008 Page 7 Mr. Rick Reyno of 2950 Baker Street in Costa Mesa provided a written protest to the proposed sewer charges for 2008 -2009. Mr. Reyno stated he does not feel the sewer fees are charged proportionally, suggesting the District measure the flow per household. Mr. Reyno protested the increase in sewer rates. Director Monahan, Legal Counsel Alan Burns and CMSD Manager /District Engineer explained the logic in the method used in calculating the rates and Mr. Hamers stated the courts have held an engineering approximation is usually acceptable in lieu of the exact calculation when the calculation of the exact amount becomes costly and burdensome. Close Public Hearing President Perry closed the public hearing. Determination Regarding Protests President Perry directed Ms. Revak, Clerk of the District, 'to tally the number of protests. Ms. Revak reported one written protest was presented by Mr. Rick Reyno of 2950 Baker Street, Costa Mesa. Ms. Revak, noting that by law only written protests may be counted, determined there was one protest filed from a total of 25,096 parcels. President Perry determined the protest failed. Adopt Resolution No. 2008 -758 Confirming and Adopting the Report and Directing the Clerk to File with the County Auditor Director Ooten motioned to adopt Resolution No. 2008 -758, 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. Director Ferryman seconded. Motion carried 5 -0. ORAL COMMUNICATIONS Ms. Katherine Yong stated she came to the hearing to observe the process and President Perry thanked her for attending. President Perry expressed his appreciation to District Staff for their diligent efforts in the rate setting process. JA ia • Costa Mesa Sanitary District Minutes of Board of Directors Special Meeting August 6, 2008 Page 7 Mr. Rick Reyno of 2950 Baker Street in Costa Mesa provided a written protest to the proposed sewer charges for 2008 -2009. Mr. Reyno stated he does not feel the sewer fees are charged proportionally, suggesting the District measure the flow per household. Mr. Reyno protested the increase in sewer rates. Director Monahan, Legal Counsel Alan Burns and CMSD Manager /District Engineer explained the logic in the method used in calculating the rates and Mr. Hamers stated the courts have held an engineering approximation is usually acceptable in lieu of the exact calculation when the calculation of the exact amount becomes costly and burdensome. Close Public Hearing President Perry closed the public hearing. Determination Regarding Protests President Perry directed Ms. Revak, Clerk of the District, 'to tally the number of protests. Ms. Revak reported one written protest was presented by Mr. Rick Reyno of 2950 Baker Street, Costa Mesa. Ms. Revak, noting that by law only written protests may be counted, determined there was one protest filed from a total of 25,096 parcels. President Perry determined the protest failed. Adopt Resolution No. 2008 -758 Confirming and Adopting the Report and Directing the Clerk to File with the County Auditor Director Ooten motioned to adopt Resolution No. 2008 -758, 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. Director Ferryman seconded. Motion carried 5 -0. ORAL COMMUNICATIONS Ms. Katherine Yong stated she came to the hearing to observe the process and President Perry thanked her for attending. President Perry expressed his appreciation to District Staff for their diligent efforts in the rate setting process. Costa Mesa Sanitary District ` Minutes of Board of Directors Special Meeting August 6, 2008 • ate; Page 8 ADJOURNMENT At 6:06 p.m., President Perry adjourned the meeting. secretary • • Got'�& President