96-0213_CC_Minutes_Adjourned Regular027
FEBRUARY 13, 1996
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California
was called to order by Mayor Hart at 1:05 p.m. in the City Council Chamber.
ROLL CALL: PRESENT: Wyatt Hart, Mayor
David M. Swerdlin, Mayor pro tem
Collene Campbell, Council Member
Gil Jones, Council Member
Carolyn Nash, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Director of Administrative Services.
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Written Communications:
Report dated February 13, 1996, from the City Manager, providing a synopsis of the issues
associated with the proposed formation of a County -wide solid waste management sanitation
district to acquire and manage the County landfills. The new district would be called the
Solid Waste Management Sanitation District of Orange County. The new district would be
governed by a 33 -member board consisting of representatives from 28 cities, the County of
Orange, and four Sanitary Districts. The restructuring would allow local communities to
control the operations, management, finances and liability of these disposal facilities. The
Sanitation Districts are currently involved only in wastewater operations; however, State law
allows Sanitation Districts to be involved in both wastewater and solid waste operations.
Presentation by Sanitation Districts of Orange County:
Don McIntire, representing the Orange County Sanitation Districts, was present to discuss
the proposal. He noted their belief that the landfills were a major asset that should not be sold
to private interests; and, that cities had an interest in controlling landfill operations. He
advised that the draft Memorandum of Understanding between the Sanitation Districts and
' the County had provided for a payment of $300,000 million cash to the County on the basis
of $15 million per year for 20 years. However, further analysis had concluded that a 30 -year
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028
debt program was necessary to keep the tipping fees as low as possible; and, to pay off long-
term debt incurred by major capital work and in honoring of the cities' MOUs. The Sanitation
Districts' proposal would be amended to reflect a 30 -year program.
He felt the major issues were whether the County would agree with their offer and whether
flow control agreements would be approved with the cities, noting that their MOU was
contingent upon obtaining approved flow control agreements for 90% of the solid waste
generated in Orange County. He advised that new District would assume all liabilities of the
County, including environmental monitoring and clean-up of closed landfill sites. The new
District would probably obtain a private operator for the field operations and retain County
staff for administrative functions.
Discussion ensued regarding the impacts of transporting the County's solid waste to landfills
outside the County. Mr. McIntire advised that payment for on-going environmental issues
would be impacted. He noted that the intention was to continue operating the County's
landfills; however, if out -of -County tipping fees proved to be a good deal for the County, an
option might be to mothball certain County landfills until such time as out -of -County tipping
fees were no longer competitive. Mr. McIntire further noted that their study of the financial
feasibility had taken into account all obligations presently in place. In response to Council
Member Jones, he stated that funds would be transferred to the new District for closure of
active and inactive landfills, and for monitoring, regulating and controlling environmental
problems associated with the inactive sites.
Council Member Campbell asked whether the MOU between the City and the County
regarding the Prima Deshecha Landfill would continue to be honored. Mr. McIntire advised
that proposed MOU between the Sanitation Districts and County provided that the newly -
formed District would honor the MOU between the County and San Juan Capistrano. She
expressed concern that there was not adequate representation on the governing board for the
host communities; and, that the Sanitation District's proposal was scheduled for the Board of
Supervisors tomorrow. Mr. McIntire noted that State law provided for the makeup of the
proposed governing board; and, that the proposal before the Board would be contingent on
obtaining the flow control agreements.
Discussion ensued regarding the possibility that in the future the Prima Deshecha landfill
might be required to accommodate all of the County's trash, and how that would impact the
limit on daily tonnage placed by the City's MOU. Council Member Campbell clarified that
the MOU between the City and the County could not be superseded; the City Attorney
advised that the City's MOU with the County required the County to obligate anyone
purchasing the landfills to abide by that MOU. Mr. McIntire spoke about the views of the
individual Supervisors with regard to the future of the landfill system. He noted that the
Sanitation District will be asking the Board of Supervisors to authorize consultant services
to privatize field operations, as distinct from the management operations, in order to obtain
the lowest possible tipping fee.
Council Comments:
Council Member Swerdlin suggested there be some guarantee that if the Sanitation District
takes over the landfill operations, they would not have the right to sell off any portion of the
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029
landfill system. Council Member Hart suggested thought be given to dividing County into
' sanitation district.
Council Member Nash felt that the Sanitation District's proposal was a benefit to, and in the
best interest of, the City. She felt it was only way the City would have a say in the landfill
operation. Council Member Jones felt that host cities should have more voting power than
cities that did not have landfill sites within their boundaries. The City Manager noted an
additional benefit derived from the proposal would be in enforcement, since the local
enforcement agency would be independent of the proposed Sanitation District.
Council Member Jones expressed concerns that in the future the City might be overwhelmed
with lawsuits due to the 4,000 ton per day tonnage limit placed on the Prima Deshecha landfill
through the City's MOU; and that there could be attempts to invalidate that MOU. The City
Attorney suggested that if the Sanitation District's proposal becomes reality, the City may
wish to enter into an MOU with the new District, independent of the one currently in place
with the County. Council Member Swerdlin inquired whether a portion of the fees the City
receives from trash importation could be placed into a legal fund. The City Manager advised
that staff would return to Council with mitigation measures and suggestions for use of those
fees, including assurance that there would be a mechanism to deal with enforcement of the
MOU or any other compliance issues.
Direction to Staff:
There was a consensus of Council that the City Attorney stay involved throughout the process
to assure the City's MOU is honored.
CLOSED SESSION - None
There being no further business before the Council, the meeting was adjourned at 2:10 p.m. to the
next regular meeting date of Tuesday, February 20, 1996, at 7:00 p.m. in the City Council Chambers.
Respectfully submitted,
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CHERYL _
ATTEST:
WYA HART, MAYOR
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