Task force wants to know if antitrust law applies to WM contract
By Darleen Principe darleen@theacorn.com

Members of the Simi Valley Landfill Expansion Task Force want to know if a state antitrust law can be used to challenge the 1999 agreement made between the city of Simi Valley and Waste Management.

Among other provisions, the California Cartwright Act declares it a violation for two or more parties to enter into any agreement that would restrain commercial competition or trade. Meeting for the third time Wednesday, task force members asserted that the city's contract with Waste Management does just that.

"We may need to think about a lawsuit," said Councilmember Barbra Williamson, who leads the task force in an unofficial capacity. "We're going to use the law to our benefit to say 'No, we're going to fix this.'"

In the 1999 agreement, the city contractually agreed to fully support all of WM's efforts for "expansions of the landfill." In return, WM would pay the city a fee to compensate for road usage. In 2002, the agreement was amended to extend its term to 2034. Last year, the city received $263,000 in fees from the waste hauler.

Since the task force's last meeting in July, the agreement has been called into question several times, particularly because of how it refers to the plural, "expansions." Waste Management responded by sending a letter to the city detailing their understanding of the agreement- that the word "expansions" only applied to a minor 2002 project that was already completed.

During a City Council meeting held earlier this month, City Attorney David Hirsch said WM's letter was enough to ensure the city was not bound to support the current expansion proposal to double the landfill area to 371 acres.

Still, members of the task force continue to assert that the letter from WM would ultimately have no legal effect on the contract. They also said the conditions in the contract made it a clear violation of the Cartwright Act.

"What is this contract going to do to people 30 years from now, 25 years from now?" Williamson said.

Task force member Jim Dantona, former candidate for the county Board of Supervisors, recommended that the task force consult with attorneys for advice on how to properly seek enforcement on the state law. "Maybe it's in our best interest that we deal with this contract," he said.

Dantona moved to vote on researching their legal options, and all other task force members voted in support.

Kit Cole, spokesperson for WM, told the Simi Valley Acorn this week that the company is willing to work with the city and the task force to guarantee the legality of the agreement.

"We look forward to talking to the task force's attorney if and when they hire one about this issue because we believe the agreement between Waste Management and the city of Simi Valley is legal and appropriate," Cole said.

Hirsch said it was first time the Cartwright Act has ever been brought to his attention with regard to the landfill.

After looking further into the law, Hirsch said that it "does not apply to municipalities."

At one point in the meeting, task force member Louis Pandolfi recounted the events leading up to and following a private meeting he had last week with WM executive Mike Williams, project manager for the landfill expansion.

Pandolfi, who has emerged as one of the task force's most outspoken members, said that Williams initially agreed to look into renegotiating parts of the 1999 contract and said that he would ask Mike Smith, vice president of Waste Management, to apologize to Williamson for "attacking" her personally in an opinion piece recently published in the Ventura County Star.

Pandolfi said that Smith later refused to meet with Williamson unless the two could meet alone- an arrangement Williamson said she was "uncomfortable" with.

Pandolfi relayed to the other task force members that he was pleased with the meeting with Williams when it occurred, but days later was disappointed when the executive retracted from every position the two agreed to.

"I've crossed the threshold," Pandolfi said. "I already know they can't be trusted."

Pandolfi at the meeting offered to resign from the task force because of his inability to stay "impartial," but Williamson insisted that he stay on the committee.

Kit Cole said that Pandolfi's statements directly reflect the opinions of the task force as a whole.

"Under Mr. Pandolfi's leadership, clearly this task force is now a full-blown anti-landfill group," Cole said.

The next meeting of the Simi Valley Landfill Expansion Task Force will be on Wednesday, Sept. 26 at 7 p.m. in the community room of the Simi Valley Library.