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Agenda Packets - Board - 2006-08-14Costa Mesa. sa nita District A. ... an .independent Special District AGENDA Jim Ferryman President Greg Woodside Vice President Arlene Schafer Director Art Perry Secretary Ilan Worthington Director Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to the Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non - agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non - agenda items except under special circumstances. Speakers must limit their remarks to three minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. In compliance with ADA, contact Joan Revak, (949)645 -8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). Regular Meeting - Monday, August 14, 2006 RECOMMENDED ACTION I. CALL TO ORDER — 6:00 .m. — 628 W. 19t" Street Costa Mesa esa II. PLEDGE OF ALLEGIANCE — Director Schafer III. INVOCATION — Director Woodside IV. ROLL CALL V. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted in one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes on the motion, unless members of the Board request specific items to be removed from the Consent Calendar for discussion, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Reports Minute Approval 1. Special Meeting — July 6, 2006 2. Recycling Committee Meeting — July 10, 2006 3. Regular Meeting — July 12, 2006 4. Special Meeting — July 24, 2006 Protecting our community's health by providing solid waste and sewer coffection services. cros. aAov Costa Meso a. District AGENDA y /Manager's Reports Refunds ` N01VE 6 Occupancy Report and payment to Costa Mesa Disposal —August 2006 R/O 7. Monthly Spill Report to Regional Water Quality Control Board (RWQCB) c`iJCLOs`6 _ 4-V 41JA or Engineer's Reports ' 8. Project Status Report Treasurer's Reports 9. Financial Reports as of June 30, 2006 10. Treasurer's Reports as of June 30, 2006 11. Warrant Register for the month of July 2006 in the amount of $818,113.57 12. Directors' Compensation and Reimbursement of Expenses for the Month of July 2006 -------------------------------------- - - - - -- -END OF CONSENT CALENDAR WRITTEN COMMUNICATIONS VII. PUBLIC COMMENTS VIII. MANAGER'S REPORTS A. Yearly Rate Setting Public Hearing 4/B, 49 C. Awgitst 14, 2006 Page 2 RECOMMENDED ACTION No Refunds Approve Receive & File Receive & File Receive & File Receive & File Ratify Payments Approve Compensation & Ratify Expenses Comments by Manager a Trash Container Program - Update on Variable Rate Structure Consider FY- 2006 -2007 AlCttrcf's. 0u�'. { IM6 f IF SS - (,H/9(iS gzfmA of f1yr. District Yard Update 1. Interim Agreement with Orange Count Fairgrounds Approve CC �/�r�GRv�nrOl UP �� 1 e�rn.,`I 4� S*Ayt. , ; oc�4TR X(,ff(" w KH cl�a O� '% e2inev? s0 CMSD Strategic Plan, c0V"Pc °aWf1 1. Year 2005/2006 Strategic Planning Action Items Receive & File a. Update on Planning Accept Report 2. New District Headquarters a. Building and Grounds Ad Hoc Committee i. Update on Column Improvements, Painting & Landscaping Accept Report ow WX�O.W, kq T-64 c C 6GYc1ti�2�r -ivy Nc�nS �' �1Jf Skcr�r'ri'AJ?t °V P zvG &/dG�!' �iyto Protecting our community's health by providing soud waste and sewer collection services. www.crosdca.gov Costa Mesa Sal - itarv� District, August .14, 2006 o, A G ENDA Fags 3 • RECOMMENDED ACTION E. Recycling Reports 1. Waste Diversion Report – July 2006 Receive & File F. Contract Payment to CR Transfer for Recycling Services and Disposal 1. Payment for July 2006 Services Ratify Subject to Verification of Diversion Report by Staff G. Ordinance Enforcement Officer's Report Accept Report S41 mCy 0~ H. „ules and Regulations - -N`c-R(c10T 3 (cAp '-vL46 -o w4xc£ Consider I. Office Specialist II Job Description – New Hire" Approve, Contingent on Final 2006 -07 Budget J. Election 2006 Accept Report K. Recycling Committee — Monday, August 21, 2006 12:00 p.m., CMSD Board Room, 628 W. 19th Street, Costa Mesa (Directors Woodside & Worthington) 1. Recycling Committee Goals for 2005/2006 Update on Activities 2. Universal Waste – Requirements Effective February 9, 2006 Accept Report 3. Pharmaceutical Disposal -L4 MWSS �RAt£ c-k 7-3 .0-06, . Accept Report 4. Large Item Collection – June 12 – August 26, 2006 Accept Report 5. Source Reduction - �mflN4Sp fig C #Ijo Accept Report 300 + 4kAi ivh oFvz u&,V ge ; k p - 6. "Altered Oceans" Accept Report IX. ENGINEER'S REPORTS A. Waste Discharge Requirements (WDR) t 1. General Update - AAY TG bvfwiL Accept Report B. Anniversary Lane Water Line,– IRWD Accept Report X. TREASURER'S REPORTS A. Proposed CPI Adjustment – CR Transfer, Inc. Approve B. Proposed CPI Adjustment – Costa Mesa Disposal Approve Protecting our community's Health by providing solid waste and sewer collection services. ZUUI'i xmsdca jov Cos to Mesa Sanitay -1 D1St1'1Ct AGENDA 0 XI. ATTORNEY'S REPORTS xn. • 0 A. Costa Mesa Disposal and CR Transfer Master Agreement 1. Bill of Sale for Transferred Property B. Sewer Lateral Compliance Ordinance -4j,sscc of-' fm Pi C. Sewer Lateral Insurance'° D. Summons - 185 E. Wilson, Richard Charles Astin, Jr. E. Curbside HHW 2006 -07 & 2007 -08 HHW Collection Agreement Addendum No. 1 Atigust 14, 2006 Page 4 RECOMMENDED ACTION Follow Up Comments by Attorney Approve & Execute Accept Report Accept Report Update Approve Execute F. Technology Resource Center Agreement. Approve & Execute C /,� ,I,�,� -� I Rc X��,4 Fes, n a rp' azo�4 LOCAL MEETINGS (Includes Reports by all Directors Representing the District) A. range County Sanitation District (OCSD) - June 19, 2006 Accept Report (President Ferryman) B. Santa Ana River Flood Protection Agency (SARFPA) (Aac-- mYc- -XELF16 Accept Report (Next meeting scheduled for September 28, 2006) 1. Dues for Fiscal Year 2006 -2007 in the amount of $1,200.00 C. Independent Special Districts of Orange County ( ISDOC) (Director Schafer) Pt,;r*<fMc VVff&iJ- 6g4/' 1'hF04A -j-TXf J 1. ISDOC Quarterly Meeting - Thursday, August 31, 2006, 11:30 a.m. Orange County Sanitation District j D. Local Agency Formation Commission (LAFCO) sWW)V VKL� & , (Director Schafer) E. California Special Districts Association (CSDA) (Director Schafer) 1. 2006 Annual Conference & Exhibitor Showcase September 25 -28, 2006, North Lake Tahoe F. California Association of Sanitation Agencies (CASA) 1. Annual Confen nc - August 9 -12, 2006, Monterey, CA (Presiderq,EF erryrna Directors Perry, Schafer & Worthington) Approve Payment Accept Report Consider Attendance Accept Report Accept Report Consider Attendance Accept Report Accept Report Protecting our community's health by providing solid waste and sewer cof(.ection services. ,gov Costa. Mesa Sanitaq District AG NDA August 14, 2006 Page 5 RECOMMENDED ACTION G. Other Meetings Qualifying for Reimbursement under CMSD Report on Matters Ordinance No. 55, Operations Code Section 3.01.030 Pertaining to CMSD tkyKo XIII. OLD BUSINESS n SAC XIV. NEW BUSINESS XV. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XVI. ADJOURNMENT r� f�J n �J Protecting our community's heafth by providing solid waste and sewer cofCection services. www.cnudcagov MESA SA COSTA NiTA ZY D isTRic PROJECT STATUS REPORT August 2006 Proiect 1 1 1 21 00 -1 01 West Side Pumping Station Abandonment Study The Manager /District Engineer and engineering staff met with an environmental consultant to determine whether the project will be categorically exempt, require a Negative Declaration, or whether an Environmental Impact Report (EIR) will be required under the CEQA requirements. The consultant will prepare a proposal for an environmental constraint study after the District prepares a new map of the overall project. Proiect 1112100-129 Bristol Street Pumping Station The County of Orange plans on widening Irvine Avenue from Bristol Street to University Drive, which will cause relocation of the CMSD Tustin Pumping Station. The District can upgrade the station to a level able to serve the redevelopment of the area. The upgrade alleviates the need for the Bristol Street Pump Station and the project can be reduced to construction of a new gravity sewer only. These findings were submitted to the Orange County Development Agency and as requested the Sanitary District prepared a new three party agreement reflecting these findings. The agreement is being reviewed by the three agencies. Proiect 1112100-135 Reconstructing Force Main for Elden Pumping Station (Phase II) Construction is complete. The District and City of Costa Mesa are awaiting comments from the State on the easement and rights -of -way documents submitted. A reminder letter was sent to the O.C. Fairgrounds to continue consideration of the easements. Proiect 1112100 -159 Televising Sewer Lines Program Years 98 -99 99 -2000 Areas are televised as needed. Proiect 1112100-168 Tustin Pumping Station Remodel or Relocation The construction of the Phase I gravity sewers is complete and the District Engineering Staff is designing the new pumping station. Proiect 1112100-171 Tustin Pump Station Force Main Rehabilitation -Phase I The design phase is continuing. Project 1112100-173 South Coast Plaza Pump Station Force Main Replacement • The design phase is continuing. Project 1112100-174 FOG Program Development and Implementation The project report was prepared by EEC and approved by the Board of Directors at the January 2006 regular meeting. Project 1112100 -175 OCSD Cooperative Project Grant - Televising CMSD Sewer Lines The televising is continuing. Project 1112100 -176 WDR Grease Control Program Phase III The project was awarded to EEC at the January 2006 regular meeting. C` C7 Protecting our community's health by providing solid waste and server coQection services. crosd4U gov • COSTA MESA SANITARY DISTRICT MINUTES OF SPECIAL MEETING JULY 69 2006 The Costa Mesa Sanitary District held a Special Meeting at 12:00 p. m. on July 6, 2006 at 628 W. 19th Street, Costa Mesa. Directors Present: James Ferryman, Greg Woodside, Art Perry, Arlene Schafer, Dan Worthington Staff Present: Robin B. Hamers, Manager /District Engineer; Tom Fauth, Assistant Manager; Joan Revak, Board Secretary/Program Manager /Clerk of the District is President Ferryman called the meeting to order at 12:00 p.m. Director Schafer led the Pledge of Allegiance. Director Woodside gave the Invocation. LAFCO HEARING - "WEST SANTA ANA HEIGHTS REORGANIZATION TO THE CITY OF NEWPORT BEACH" Mr. Hamers presented the City of Newport Beach's proposed "WEST SANTA ANA HEIGHTS REORGANIZATION TO THE CITY OF NEWPORT BEACH" as submitted to the Local Agency Formation Commission. A public hearing will be held by LAFCO on Wednesday, July 12, 2006 at 9:00 a.m. at the Orange County Hall of Administration in Santa Ana. Additionally, a letter from the City of Costa Mesa was presented requesting the District submit to LAFCO a letter of support for the City of Costa Mesa's position. Mr. Hamers explained that the Plan for Services in the proposed annexation correctly identified the Costa Mesa Sanitary District as the sewer service provider before and after annexation but omitted the subject of trash collection. The District • provides trash collection service to all residents in the subject area that use curb side collection. i Minutes of Special Meeting July 6, 2006 Page 2 • Mr. Hamers apprised the Board that he has placed a call to Dave Kiff, Assistant City Manager of Newport Beach, requesting correction to the City's proposal. The District should be shown as the trash collection provider for curb side collection before and after annexation similar to the East Santa Ana Heights area. Mr. Hamers also explained that the land being proposed for annexation by Newport Beach is currently in the Sphere of Influence of Costa Mesa. The Directors reviewed the location including the particular neighborhoods contained therein. Discussion included the City of Costa Mesa's proposed Banning Ranch Sphere of Influence Amendment that is also on the LAFCO agenda. The City of Costa Mesa is requesting the northerly portion of Banning Ranch be removed from the City of Newport Beach's Sphere of Influence and added to the City of Costa Mesa's Sphere of Influence. Mr. Hamers described options for the eventual sewer service to the northerly portion of the Banning Ranch. A motion was made by Director Woodside for the Costa Mesa Sanitary District to oppose the West Santa Ana Heights Reorganization to the City of Newport Beach based on the illogical and haphazard location of the proposed city /city boundary • and failure to properly study and account for future services, and directed the President and Manager /District Engineer to send letters to LAFCO stating this opposition. Director Worthington seconded the motion. Motion carried 5 -0. X. PUBLIC COMMENTS There were no public comments. XI. ADJOURNMENT President Ferryman adjourned the meeting at 12:54 p.m. Secretary President • • COSTA MESA SANITARY DISTRICT MINUTES OF RECYCLING COMMITTEE MEETING July 10, 2006 The Costa Mesa Sanitary District Recycling Committee met at.12:00 p.m. at 628 W. 19th Street, Costa Mesa. Directors Present: Greg Woodside, Arlene Schafer Staff Present: Rob Hamers, Tom Fauth, Joan Revak Director Woodside called the meeting to order at 12:00 p.m. RECYCLING COMMITTEE GOALS FOR 2005/2006 The Committee reviewed the 2005/2006 recycling goals and Director Schafer suggested the District consider more publicity on local TV station and newspapers. The Recycling Goals will be updated. UNIVERSAL WASTE - REQUIREMENTS EFFECTIVE FEBRUARY 9, 2006 Battery Recycling Discussion was held on the Small Battery Recycling Program through Curbside, Inc. and it was suggested the program be added as an Addendum to the District/Curbside Inc. Agreement Recycling Event — Saturday, June 17, 2006 A U -Waste Recycling event with the City of Costa Mesa (CCM) was held on Saturday, June 17, 2006 and nearly 18,000 pounds of E -Waste was collected, the majority of it being TVs and monitors as expected by HMR. The possibility of holding another event in January 2007 was discussed. LARGE ITEM COLLECTION - JUNE 12 THRU AUGUST 26, 2006 Ms. Revak reported on the progress of the Large Item Collection Program running from June 12 through August 25, 2006. As of June 30, 2006, 146.88 tons were landfilled at a total cost of $5,812.47. Recyclable White Goods • collected during this period totaled 167.62 tons for a. credit of $15,923.05 amounting to a net credit -to -date of $10,110.58. Ms. Revak also provided a chart of the collection on a weekly basis. Protecting our community's heafth dy providing solid waste and sewer coffection senvices. crosdcagov Costa Mesa Sanitary District j Minutes of Recycling Committee Meeting July 10, 2006 Page 2 SOURCE REDUCTION The topic of source reduction was addressed and how the District can promote buying in bulk to reduce the amount of trash going to the landfills. The meeting was adjourned at 12:53 p.m. Secretary President • n �J Protecting our community's health by providing solid waste and sewer collection services. crosdca yov • • .�f COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING JULY 249 2006 Call to Order The Board of Directors of the Costa Mesa Sanitary District met in special session on July 24, 2006, at 6:00 p.m. at 1845 Park Avenue, Costa Mesa. Pledge of Allegiance Invocation Roll Call Directors Present: Directors Absent: President Ferryman called the meeting to order at 6:00 p.m. Director Perry led the Pledge of Allegiance. Director Woodside gave the Invocation. James Ferryman, Greg Woodside, Art Perry, Arlene Schafer, Dan Worthington None Staff Present: Robin B. Hamers, Manager /District Engineer; Alan Burns, Legal Counsel; Tom Fauth, Assistant Manager; Joan Revak, Board Secretary/Program Manager /Clerk of the District; Wendy Davis, Treasurer; Sherry Kallab, Accountant; Denise Gilbert, Permit Processing Specialist; Ron Shef, Ordinance Enforcement Officer Others Present: Shirlee A. McDaniels 2046 Anaheim Avenue, Costa Mesa Public Hearing - Consideration of Annual Trash Collection Charges to be Collected with the General Taxes Mr. Hamers reported on the negotiations and new agreement between the District and CR &R (on behalf of Costa Mesa Disposal and CR Transfer.) The new agreement includes provisions to stabilize the trash collection rate paid by residents served by the District and to institute a variable rate structure. For the fiscal year 2006 -2007, the Costa Mesa Sanitary District Minutes of Board of Directors Special Meeting July 24, 2006 Page 2 trash collection rate will be frozen at the 2005 -2006 level of $239.41 per residence per year unless a residence has more than two trash containers. Residents will be charged $8 per month for each container beyond the first two. Subsequent provisions will be implemented when the volume of the two containers exceeds 120 gallons of capacity. The agreement was finalized after the notification postcards were mailed to all the property owners. Therefore, the potential increase of the trash collection rate by 8% as shown on the postcard does not apply. 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: 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 i 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. The Manager shall be presenting a report for each charge in which he will document how each of these tests have been met. This report has been made available to the public for their review. Once that report has been presented, you should ask any questions of staff that you might have, then ask the Clerk to provide the status report on whether any protests have been received. The Clerk has provided notice by mail to all parcels subject to the charges. The law provides that if written protests are presented by a majority of the owners of the parcels, the charges may not be imposed. Since only written protests can be considered, staff has developed forms for the use of the protesting owners so that any person wishing to protest tonight can have their vote counted. There are over 17,755 parcels that are subject to the • n U L.J Costa Mesa Sanitary District Minutes of Board of Directors Special Meeting July 24, 2006 Page 3 charges being considered tonight. If there is not a sufficient protest, the Board may consider whether or not to impose the charge and adopt the proposed resolution. Presentation of Report Mr. Fauth presented a report stating trash collection charges for 2006 -07 are $239.41 per dwelling unit per year. 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. 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 will consider implementing a variable charge program based on the number of trash containers at each residence as part of this hearing. 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. 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 Ferryman verified from Joan Revak, Clerk of the District, that all required notices were duly published. Costa Mesa Sanitary District Minutes of Board of Directors Special Meeting ®" July 24, 2006 Page 4 Ms. Revak reported the District received 1 protest to date from a total of 17,755 parcels notified. Open Public Hearing President Ferryman 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. The following protests were received: A written protest dated June 16, 2006 was received from Y. Lorman, 1641 Indus Street, Santa Ana Heights, CA 92707. Ms. Lorman stated her belief that the trash rates are unfair to single family residents as there are several "recovery houses" that are businesses for the people operating them; and every week three and four trash barrels are put out. Most other residences have only one or two. Ms. Shirlee A. McDaniels, 2046 Anaheim Avenue, Costa Mesa was present at the hearing and attended the meeting not to protest rates but to enlist the District to encourage residents to consider taking their recyclables to Orange Coast College or other recycling sites. Ms. McDaniels is aware of the materials recovery facility where residential trash is taken for sorting out recyclables before being taken to the landfill and she has taken one of the tours offered by the CMSD. Mr. Hamers assured Ms. McDaniels that the District always promotes recycling and will be placing an emphasis on "source reduction" as a means to lower the amount of trash being landfilled. Close Public Hearing President Ferryman closed the public hearing. Determination Regarding Protests President Ferryman directed Ms. Revak, Clerk of the District, to tally the number of protests. Ms. Revak determined there was 1 protest filed from a total of 17,755 parcels. President Ferryman determined the protest failed. • • n �J • Costa Mesa Sanitary District Minutes of Board of Directors Special Meeting July 24, 2006 "® Page 5 Adopt Resolution No. 2006 -725 Confirming and Adopting the Report and Direct Clerk to File with County Auditor Director Schafer motioned to adopt Resolution No. 2006 -725, 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 Woodside 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: 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. 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. 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. Costa Mesa Sanitary District Minutes of Board of Directors Special Meeting A" Is July 24, 2006 Page 6 Presentation of Report Mr. Fauth presented a report on the liquid waste disposal charges for 2006 -07 showing his 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 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 $37.64 + $2.77 $28.99 + $2.77 $21.90/1000 sf + $2.77 $21.90/1000 sf + $72.00 $21.90/1000 sf + $180.00 $64.51 /1000 sf + $2.77 $19.40/1000 sf + $2.77 The proposed charges are an increase over the previous fiscal year. Additional funds are also necessary to operate and maintain the sewer system in conformance with the Regional Water Quality Control Board's Waste Discharge Requirements (WDR). Mr. Burns outlined how the charges for liquid waste disposal meet the substantive requirements of Proposition 218 as follows: 0 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. 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. 0 • Costa Mesa Sanitary District Minutes of Board of Directors Special Meeting July 24, 2006 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. 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 Ferryman 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 24,995 parcels notified. Ms. Revak reported the protest was received from Y. Lorman, 1641 Indus Street, Santa Ana Heights stating in setting rates consideration should be given to multi- resident (recovery houses) that generate more sewage. Open Public Hearing President Ferryman 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. Close Public Hearing President Ferryman closed the public hearing. Determination Regarding Protests President Ferryman directed Ms. Revak, Clerk of the District, to tally the number of ® protests. Ms. Revak, noting that by law only written protests may be counted, determined there was one protest filed from a total of 24,995 parcels. Costa Mesa Sanitary District r Minutes of Board of Directors Special Meeting July 24, 2006 Page 8 • President Ferryman determined the protest failed. Adopt Resolution No. 2006 -26 Confirming and Adopting the Report and Directing the Clerk to File with the County Auditor Director Woodside motioned to adopt Resolution No. 2006 -726, 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 Perry seconded. Motion carried 5 -0. ORAL COMMUNICATIONS President Ferryman expressed his appreciation to District Staff for their diligent efforts in the rate setting process and in negotiating the Agreement with CR &R. ADJOURNMENT • At 6:30 p.m., President Ferryman adjourned the meeting. Secretary President n U TO: Costa Mesa Sanitary District Board of Directors FROM: Ron Shef, Ordinance Enforcement Officer DATE: August 2, 2006 SUBJECT: ORDINANCE ENFORCEMENT SUMMARY REPORT This report covers the monthly period of July 2006. The first week of the month included the July 4th holiday. This resulted in trash collection being picked up one day late that week though Saturday. It also caused the large item collection program to be delayed one day. Consequently, residents scheduled for collection, had items at the curb incorrectly the entire week. Most residents are U� aw of holiday variations within the District. The longer large items remain at the curb the more scavenging occurs. Also, once residents receive the yellow door hangers, the more the curb areas become cluttered since residents place items out immediately and not two weeks later as stated in the notice. Follow -up on Santa Isabel and in the area of Lions Park is on going and both areas have been improved considerably. In the District where multi - family dwellings are more common, residents during move -in and move -out, leave out more loose trash with boxes and bags everywhere in the public right of way. Possibly, real estate agents within the District should be informed of our regulations so as to provide new tenants and homeowners with CMSD Regulations and Ordinances.