City asserts landfill agreement was 'taken out of context'
Comments made by independent task force cause stir at city hall
By Darleen Principe darleen@theacorn.com

After being called into question by a citizens task force, city officials have dismissed allegations they were involved in a conspiracy, saying their position in a 1999 agreement with Waste Management was taken out of context.

The agreement, under the heading "Obligations of City," states that the "city will actively and fully support Waste Management's efforts to obtain any and all approvals needed for (1) permit time extensions for operation of the landfill, and (2) expansions of the landfill."

City Manager Mike Sedell told the Simi Valley Acorn this week those words solely addressed a minor expansion that was to happen in 2002 that had already been negotiated with Ventura County, and apply in no way to WM's 2007 expansion application.

In 1999, WM didn't own the land set to be used for the company's current proposal, and therefore the city had no expectation of further expansion, Sedell said.

"Basically, the agreement (in its entirety) was to provide a continuation for the life of the landfill," he said.

The contract, which was amended in 2002 to extend the term to 2034, was brought up last Wednesday during the second meeting of the independent Simi Valley Landfill Expansion Task Force.

Review of the contract prompted members of the task force to question the city's relationship with the waste hauler. One task force member, Gary Selvaggio, used the term "conspiracy," a notion the city manager quickly dismissed.

According to Sedell, the extension of the term to 2034 was meant to ensure that Simi's benefits in regard to landfill use "stayed in place." These benefits include compensation for wear and tear on roads, guaranteed space for Simi's waste stream and indemnification protection in the event that the city's trash caused environmental problems, he said.

Last year alone, WM paid the city $263,000 in fees to compensate for road use. Each year the fees are deposited in the city's general fund and are used for the streets and roads general program, Sedell said.

The agreement also helped keep trash service rates low and guaranteed that Simi would have first priority for landfill usage, Sedell noted. None of Simi's trash could be turned away, according to the contract.

Still, task force member and geochemist Louis Pandolfi this week stood by the opinion that the city is contractually bound to what is written on paper. Pandolfi referred to the contractual use of the word "expansions," rather than specifying the 2002 project alone.

"It reads corner to corner," Pandolfi said. "The contract makes it very specific what the city's obligation is."

If for any reason the city refuses to support the currently proposed expansion, which would double the landfill area to 371 acres, WM could legally sue the city on breach of contract, he said.

On the other hand, Sedell said that while anybody has the right to sue the city for anything, the real question is whether or not they would be successful.

He said that WM sent a letter to the city detailing the company's understanding of the section in question, which is the same as the city's- a fact WM spokesperson Kit Cole confirmed.

"If (WM) in the letter recognizes the city is no longer under obligation because that portion in the agreement has long been met, who is there to sue?" Sedell said.

The task force has said it will call upon the city manager to address the committee and the public at its next meeting on Aug. 22.

However, Sedell said that he would have to seek direction from the city before agreeing to appear before the task force, adding that he had never been contacted directly by any member of the committee.

"The City Council has a very objective process they want followed," the city manager said.

Ironically, the independent task force is led in an unofficial capacity by Councilmember Barbra Williamson. Handpicking each task force member, she formed the committee shortly before WM announced its initial plans in April to expand the landfill.

Williamson's connection to the task force made her a target of Mayor Paul Miller's comments this week in response to the committee's allegations.

In regard to the conspiracy allegation, Miller called it "nonsense," primarily because Williamson herself was fully involved in approving the agreement in the first place.

"Everything we do, we do in public," Miller said.

Although he recognized Williamson's individual right to form the committee, Miller said he was surprised when she decided to do so.

"This is something that Barbra Williamson is doing on her own," he said.

Williamson, however, justified her actions and supported the opinions of the task force in a letter sent to the mayor and provided to the Simi Valley Acorn.

The letter states that "in voting in support of staff's recommendation for the Agreement as a consent calendar item, it was not my intention . . . to categorically and unequivocally give our unconditional support . . . for 'expansions of the landfill.'"

Williamson told the Acorn that she made a mistake by agreeing to the item and is now asking the city to either terminate or modify the agreement as soon as possible.