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Home My WebLink About08/14/1990Next Resolution No. Next Ordinance No. CLOSED SESSION: 5:30 - 6:00 P.M. Personnel - Government Code Section 54957.6 Litigation- Government Code Section 54956.9 CALL TO ORDER: 6:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Councilmembers Papen, Kim, Horcher, Mayor Pro Tem Forbing and Mayor Werner COUNCIL COMMENTS: Items placed on the agenda by individual Councilmembers are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or mattes of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five minute maximum time limit when addressing the City Council. CONSENT CALENDAR: The following items listed on the Consent Calendar are considered routine and are approved by a single motion. 1. SCHEDULE OF FUTURE MEETINGS: A. CITY COUNCIL REGULAR MEETING - August 21, 1990 - 6:00 p.m. - W.V.U.S.D., 880 S. Lemon Ave. B. AREA "D" CIVIL DEFENSE - August 22, 1990 - 7:30 p.m. - Walnut Sheriff's Station Assembly Room. C. TRAFFIC AND TRANSPORTATION COMMITTEE - August 23, 1990 - 6:00 p.m. - W.V.U.S.D. Board Room D. PLANNING COMMISSION - August 27, 1990 - 6:30 P.M. - W.V.U.S.D. Board Room. E. CONGRESSMAN DAVID DREIER OFFICE HOURS - September 12, 1990 - 9:00 a.m. to 12:00 p.m. - City Hall. F. JOINT GENERAL PLANNING ADVISORY COMMITTEE/ALL COMMITTEES AND COMMISSIONS GENERAL PLAN MEETING - September 22, 1990 - location: Ramada Inn, time to be announced. G. STRATEGIC PLANNING WORKSHOP - Scheduled for September 27, 1990 - 3:00 p.m. - Ramada Inn. HEARING: 2. SOLID WASTE - Receive testimony from public on Solid Waste and compliance with AB 939. CITY COUNCIL AGENDA PAGE 2 AUGUST 14, 1990 Recommended Action: Receive testimony and direct staff as necessary. ANNOUNCEMENTS: This time is set aside for any City Councilmembers to direct staff regarding any matters to be discussed at the next regular meeting. ADJOURNMENT: City of Diamond Bar Solid Waste Hearing August 14, 1990 ISSUE: AN EXCLUSIVE CONTRACT ELIMINATES A CITIZEN'S FREEDOM OF CHOICE. RESPONSE: An open -competitive (Free) market usually stimulates an increase in consumer prices. However, the establishment of an exclusive contract for the collection and disposal of solid waste and recyclable materials should result in the reduction of residential and commercial collection rates and the establishment of a more consumer -sensitive rate setting and rate change procedure. In fact, according to an extensive research study conducted by Columbia University's Graduate School. of Business and funded by the National Science Foundation (NSF), "contracting with a private firm for refuse collection services can mean significant savings for a city or county." (Columbia University and Public Technology Inc. Evaluating Residential Refuse Collection Costs: A Workbook for Local Government., 1978) The study found that: • For many communities, particularly those with a population greater than 50,000, contracting with a private company may significantly reduce collection costs; • On the average, private collection was 50% more costly than contract collection; • Contract collection is substantially less costly than municipal collection in cities larger than 50,000 in population, and it is substantially less costly than private collection for cities of any size; • Under a contractual agreement the community is assured high quality and efficient service at a negotiated cost to the public for the duration of the contract; and e Residents benefit from uniform rates, uniform service levels, and uniform operating standards, when the city contracts with a private firm for the collection and disposal of solid waste. ISSUE: WASTE HAULERS WILL HAVE TO COMPLY WITH AB 939. THE CITY WILL NOT HAVE TO CONCERN ITSELF WITH THE LAW. RESPONSE: Assembly Bill 939 holds local government, which is most likely to have jurisdiction over the collection of solid waste: to be responsible for carrying out the provisions of the statute. One of the major impacts of AB 939 is the changes it makes in the solid waste management planning process at the city and county level. . These changes mandate that "on or before July 1, 1991, each city shall prepare, adopt and submit to the county in which the city is located a Source Reduction and Recycling Element." This Element must identify how the jurisdiction will divert through source reduction, recycling, and composting 25% of solid waste from landfill or incinerator by 1995, and 50% or the maximum feasible by the year 2000 (Chapter 2 Article 1, Section 41000 (a) California Integrated Waste Management Act of 1989). If the city fails to submit an adequate Source Reduction and Recycling Element pursuant to Section 41812, the California Waste Management Board may: "...impose administrative civil penalties of not more than ten thousand dollars ($10,000) per day..." (Chapter 7, Article 2, Section 41813 California Integrated Waste Management Act of 1989). If the Board finds that the city or county has failed to implement its element (biennial review), the Board must issue an order of compliance with a specific implementation schedule. Chapter 7, Article 4, Section 41850, states: If, after public hearing and issuing an order of compliance pursuant to Section 41825, the Board finds the city or county has failed to implement its element, the Board may impose administrative civil penalties of. up to ten thousand dollars ($10,000) per day until the city or county implements the element. Furthermore, Chapter 8, Section 41903 states: No city or county shall export solid waste to any other jurisdiction unless the exporting city or county has, within one year following the date specified in Section 41791 or a later date established or permitted by the Board, an approved city source reduction and recycling element or countywide integrated waste management plan and is in compliance with it. The goals of AB 939 will not be met without the use of an innovative and progressive approach to solid waste collection and disposal. The City believes that the exclusive contracting, with a private company, is the least costly and most effective means to provide Diamond Bar residents efficient trash collection; and to comply with State law.