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Minutes - Board - 2006-02-27 v COSTA MESA SANITARY DISTRICT MINUTES OF SPECIAL MEETING FEBRUARY 27, 2006 The Costa Mesa Sanitary District met in Special Session at 11:00 a.m. on February 27, 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; Sherry Kallab, Accountant; Alan Burns, General Counsel Others Present: David Ronnenberg Dean A. Ruff ridge President, CR&R Senior Vice President, CR&R 11292 Western Avenue Solid Waste Stanton, CA 90680 President Ferryman called the meeting to order at 11 :00 a.m. Director Worthington led the Pledge of Allegiance. Director Woodside gave the Invocation. I. Discussion of Trash Collection Program with CR&R Officials A. Comparison of CMSD Rate to Other Agency Rates Mr. Hamers reported Staff held two meetings and another meeting with CR&R on trash rates. Mr. Hamers stated it is difficult to compare rates with other agencies because of the different types of services and the different level of service. No other agency has a single-family only mixed waste program that recycles 50% of their waste. The agencies with a mixed program recycle less than 50% of their residential waste but achieve an overall rate of 50% by recycling their commercial waste well above 50%. Mr. Ruffridge reported meeting with Staff and presented a letter with a review ® of solid waste rates comparing rates of four other communities, including Huntington Beach, Fountain Valley, La Palma and Fullerton that have similar Minutes of Special Meeting Page 2 February 27, 2006 programs. Mr. Ruffridge stated comparisons are difficult in that the Costa Mesa Sanitary District has a 50% diversion guarantee; La Palma has a 35% guarantee, while the other communities have no diversion guarantees for their residential waste stream. Mr. Ruffridge also mentioned that a few cities have a lower than normal residential rate but a higher than normal commercial rate. This appeared when the agreements were entered into and reflects a political pressure to keep residential rates low. Mr. Ruffridge also stated the remainder of Orange County communities use a two or three container program that requires each resident to separate recyclables, green wastes, and residual wastes in separate containers. These programs typically have a lower monthly charge because the burden of sorting the solid waste is on the homeowner. This presorting allows the recyclables to be sent to a clean processing facility. Other factors preventing a direct comparison of rates are: the inclusion of agency staff time in the general fund budget rather than in the solid waste budget; residents in the Costa Mesa Sanitary District discard a large amount of trash per residence; and there is no limit on trash containers. • B. Request by CR&R to Add Pass-Through for Fuel Cost Increases Mr. Ruffridge stated a fuel adjustment would be requested only under extraordinary circumstances such as doubling or tripling in the fuel price. C. Ownership of Trash Containers President Ferryman expressed the desire of the Board to remove the District as owners of the trash containers. The amount the District owes on the containers is approximately $1.2 million. Staff will review the container purchase agreement to determine if the warranty will apply should a transfer of ownership occur. Staff will supply documents related to containers to Mr. Ruffridge who stated he would investigate and prepare a proposal for CR&R to take over ownership of the containers. D. Status of Consolidated Trash Hauling and Recycling Agreement Mr. Burns provided a copy of the most recently modified consolidated draft agreement with CR&R, CR Transfer, and Costa Mesa Disposal. Mr. Burns will be able to complete the agreement when the ownership of trash containers and the issue of pass-through costs are resolved. Minutes of Special Meeting Page 3 February 27, 2006 C E. Other Related Items Mr. Ruffridge suggested reducing the impact of the rates by having CR&R hold an e-waste collection event with no cost to the District. CR&R will respond to the District by March 27, 2006, on four items: providing a comparison table of pounds of trash per resident per agency in Orange County; pounds of trash collected per resident per route in the Costa Mesa Sanitary District; a proposal for acquiring the District's standardized trash containers, and a proposal for extraordinary fuel cost increases. Property at 1780 Whittier Mr. Burns advised the Board of the need to discuss a non-agenda item — Property at 1780 Whittier Street, Costa Mesa. Mr. Burns reported Staff was just advised of another escrow/purchase pending on the property at 1780 Whittier, and due to the short deadline of March 1, 2006 to respond to, reject, or take exception to title or some other contingency, the need to address this matter arose after this agenda was posted. Director Perry moved to discuss a non-agenda item because the need arose after the agenda was posted and there was a need to take immediate action. Director Schafer seconded the motion. Motion carried 5-0. Mr. Burns advised there is an escrow pending on the property the District made an offer on at 1780 Whittier. Director Woodside left the meeting at 12:45 p.m. After discussion, Director Worthington motioned to instruct Mr. Burns to inform the Escrow Officer the District has objections to the sale as there was an undisclosed prior purchase agreement with another buyer that may still be in effect, the prior purchaser is threatening litigation; the condition of title is not such that the District would approve of the sale in that there has been a threatened lis pendens on the property, which may be unknown to the Title Insurer; and, as the property is in probate, the seller may not have authority to sell the property. Director Schafer seconded. Motion passed 4-0. Public Comments There were no public comments. Secretary Preside