2013-08-21 SDEEC MinutesMINUTES OF THE REGULAR VERNON SUSTAINABLE
DEVELOPMENT AND ENERGY EFFICIENCY COMMISSION
HELD WEDNESDAY, AUGUST 21, 2013, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Hector Garcia, Michael Gavina, Jim Andreoli,
Peter Corselli, Jaime Villanueva, and David
Honda
MEMBERS ABSENT: Armando Espinoza
The meeting was called to order at 3:30 p.m. by Chairperson
Garcia, who also led the flag salute.
CHANGES TO THE AGENDA
Commission Director Leonard Grossberg announced that there are
no changes to the agenda. However, the presentation component
of the discussion and possible recommendation agenda item, has
been modified slightly since it was distributed. Staff will be
noting the changes during the presentation. All other items
remain the same.
PUBLIC COMMENT
Commission Director Leonard Grossberg announced that this was
the time allotted for public comment and inquired whether anyone
in the audience wished to address the Commission. No one
responded.
MINUTES – To be received and filed.
1. Minutes of the Regular Sustainable Development and Energy
Efficiency Commission Meeting held June 19, 2013.
It was moved by Andreoli and seconded by Gavina to receive and
file the minutes. Motion carried, 6-0.
DISCUSSION AND POSSIBLE RECOMMENDATION(S) TO CITY COUNCIL
1. Potential recommended revisions to Vernon’s franchise
hauler trash program, and related discussion of how
authorized franchisees are to be determined.
Regular Sustainable Development and Energy Efficiency Commission
Meeting Minutes August 21, 2013
Page 2 of 12
Recommendations
(1) Find that merely making recommendations to the City
Council or the City’s Staff do not constitute actions
subject to the California Environmental Quality Act
(“CEQA”), and therefore such actions are exempt
pursuant to CEQA Guidelines Section 15061(b)(3), the
general rule that CEQA only applies to projects that
may have an effect on the environment; and
(2) Affirm that the Commission wishes to fully implement
Senator De Leon’s recommendation from August 22, 2011
that the City “Revise [the City of Vernon’s] existing
trash hauling program with strong environmental
standards;” and
(3) Recommend that City’s Health Officer/Director of
Health and Environmental Control fully implement
Section 11 of City Council Resolution No. 2011-149
which states in part: “The City’s Health
Officer/Director of Health and Environmental Control
is directed to establish a Trash Hauling Franchise
Program to consolidate trash hauling enterprises
within the City and improve the environmental and
safety standards that govern trash hauling in the
City. The program shall be operated in accordance
with strong environmental standards; and
(4) Provide specific recommendations to the City’s Health
Officer/Director of Health and Environmental Control
on how best to consolidate trash hauling enterprises
and improve environmental and safety standards. Staff
will use these recommendations to craft proposed
amendments to Chapter 12 of the Vernon Municipal Code,
entitled “Waste Management and Recycling.”
Commission Director Leonard Grossberg noted the various
components which include Senator De Leon’s recommendation and
the directives issued by the City Council pursuant to Resolution
No. 2011-149.
Grossberg recalled that the overall consensus of the Commission
was to keep the status quo plus enhancements. Some of the
enhancements have already been enacted such as the AB341 policy
which increases recycling. Additionally, enhancements include
the support of Air Quality Management District (“AQMD”)
alternative fuel vehicle regulations.
Grossberg reported on potential increased bond requirements.
This would protect the City if haulers fail to file their
Regular Sustainable Development and Energy Efficiency Commission
Meeting Minutes August 21, 2013
Page 3 of 12
quarterly fee. In conversation with haulers, the bond
requirement is standard practice and they have no issues with
increasing the bond limit. Grossberg explained the importance
of the bond requirement as a hauler can go through two quarters
before it is found to be in default. This and other insurance
requirements are standard for all city agreements. The City
Attorney’s Department has recommended that this also be
addressed.
The Commission had previously requested a study to determine the
hauler’s impact on greenhouse gas (“GHG”) emissions. Grossberg
cautioned that the study requires a lot of data, much of which
has to be assumed. Grossberg explained that the overall purpose
of the recommendation is to reduce the number of haulers because
doing so reduces the GHG emissions.
In response to Chairperson Garcia’s inquiry on how the City will
support AQMD, Grossberg advised that the City has no authority
over their affairs. AQMD has their own mandates which their
agency regulates and enforces. The City will simply be
supporting their regulations as part of the proposed
enhancements.
In response to Chairperson Garcia, Grossberg advised that the
bond requirement limit has not been determined. Currently,
haulers are required to provide a bond in the amount of $10,000.
A variable amount that would correlate with the hauler’s
quarterly billing is being considered.
Grossberg confirmed for Chairperson Garcia that staff plans to
take the final determination on the bond requirement directly to
the City Council.
Commissioner Corselli stated that the Commission can have its
own recommendation, as it is not in favor of reducing trash
haulers and that the consensus is to remain at a status quo plus
enhancements.
Grossberg recalled that the Commission’s initial enhancement to
increase the franchise fee would need to be presented to the
City voters, and not the Commission. Staff is seeking an
alternative recommendation to address the reduction of haulers.
Commissioner Corselli noted that Senator De Leon recommendations
did not include a reduction of the number of haulers. In
response, Grossberg explained that reducing the number of
Regular Sustainable Development and Energy Efficiency Commission
Meeting Minutes August 21, 2013
Page 4 of 12
haulers reduces the GHG emissions and improves the environmental
standards.
Krishna Nand of EMP, Inc. presented on GHG emissions. He
explained that the amount of GHG emissions is directly
proportional to fuel use during normal driving and idle time.
The proposal to reduce the number of haulers is expected to
reduce GHG emissions. Nand presented and explained the formula
used to calculate GHG emission levels. He noted that a study in
Vernon was not conducted but that the data and information are
from the South Coast Air Quality Management District (“SCAQMD”)
and apply to this situation.
Commissioner Corselli reasoned that the total trash is not being
reduced and would remain the same; therefore, reducing the
number of haulers will not result in fewer vehicle trips. In
response, Nand explained that the trash would be shared or
distributed among the remaining vehicles. Corselli noted that
unless trash hauler vehicles are functioning at less than full
loads, the same number of vehicles would be necessary.
In response, Grossberg advised that a number of front-end
loading haulers confirmed that no additional vehicles would be
needed, it would simply require better routing and planning.
In response to Commissioner Corselli’s inquiry on whether less
than full vehicles are going to the landfill, Grossberg
explained that haulers go to other cities to fill their loads to
full capacity. However, the goal is to be more efficient within
the City.
Commissioner Corselli argued that if vehicles are driving to
other cities to complete their load, or using more vehicles in
other cities to compensate for full loads in Vernon then there
is no difference in the total number of vehicles overall. It
has been confirmed through past public comment that haulers are
not taking less than full loads to the landfills. Furthermore,
if the haulers that are eliminated are roll off vehicles, then
there is no reduction in vehicles because they would need to be
replaced by another.
Commissioner Andreoli is concerned that the benefits of reducing
the number of haulers is not quantified. He opined that there
is insufficient data to justify the elimination of businesses in
Vernon.
Regular Sustainable Development and Energy Efficiency Commission
Meeting Minutes August 21, 2013
Page 5 of 12
In response, Nand explained that time and funds would be
necessary to conduct the analysis; however, the qualitative data
that were presented indicate that there will be a reduction in
GHG emissions.
Commissioner Andreoli cautioned that there are families
involved; staff is asking the Commission to eliminate businesses
in Vernon based on incomplete data.
Grossberg advised that the study applies; SCAQMD spent a lot of
time and energy developing the formula. He advised that many
components have to be assumed or estimated. The data could be
criticized, but the formula indicates that there will be a
reduction, however incremental.
Commissioner Corselli recalled that the Los Angeles County
Disposal Association had reported on studies during past
Commission meetings. The issue is that at the last meeting,
staff was directed to conduct the study so that the Commission
can make an informed decision. Now the Commission is being
asked again to consider the reduction of the trash haulers with
no justification. The vehicle reduction that occurs in Vernon
will be captured in Southern California; in reality the number
of vehicles will not be reduced.
Dave Davis of MSW Consultants presented on the franchise hauler
market share based on tonnages. He noted that the number of
trucks has been revised to represents the number of vehicles
needed to conduct the job based on the tonnage. Additionally,
information on whether it is a small, medium, or large, and
local, or regional is being presented.
Davis noted logical breakpoints in the data based on tonnages
should the Commission decide to reduce the number of haulers and
use the breakpoints as thresholds.
Commissioner Corselli comment that in the past there were more
franchised trash haulers and that naturally, over-time, the
number of haulers was reduced. In response to his comment on
haulers that claiming refuse from Vernon in the past, and
negatively impacting the City’s diversion rate when in fact the
refuse was not from Vernon, Davis explained that this was an
issue at the Puente Hills landfill but that the refuse tonnage
is reconciled with the landfills’ records now.
Regular Sustainable Development and Energy Efficiency Commission
Meeting Minutes August 21, 2013
Page 6 of 12
Commissioner Corselli commented on Staff’s proposed thresholds
based on tonnages to limit the number of haulers advising that
some of the companies specialize in roll off vehicles which
would result in no elimination of vehicles. He disagreed with
staff’s rationale that eliminating the lower spectrum of haulers
would reduce the number of vehicles.
Grossberg further reported on the natural breaks in the data as
thresholds for hauler reductions. He recommended an annual
requirement of 1,000 tons. This would result in a reduction of
GHG.
In response to Chairperson Garcia’s comment on the City’s AB341
policy and ultimate reduction of refuse going to landfills which
would result in a reduction of GHG because not as many vehicles
or trips will be needed, Grossberg explained that in theory yes,
but there is also recyclables to consider, and how the material
recycling facilities process it.
Grossberg confirmed for Chairperson Garcia that there is one
hauler located in Vernon and they have a sorting facility; other
haulers are coming from other cities. Grossberg further added
that although the City has source control it has not exercised
that authority nor does it anticipate exercising it.
Commissioner Honda noted the there is a difference between a
front end load and roll off truck and questioned the number of
vehicles for two of the haulers. In response, Grossberg advised
that the data reflect the minimum number of vehicles needed to
handle the total tonnage. He recognized that more vehicles have
been issued permits, but the data presented reflect the number
of vehicles necessary to service the City.
Chairperson Garcia reasoned that even without the actual data,
based on the SCAQMD study there would be a reduction in GHG.
The issue can be debated extensively as to how much GHG will be
reduced, but as a Commission the call for stronger environmental
standards must be addressed. He proposed that the Commission
move forward with Staff’s recommendation.
Commissioner Corselli and Chairperson Garcia debated on whether
there would actually be a reduction of GHG and a benefit to the
City.
Commissioner Andreoli advised that the City has a history of
“rubber stamping.” The mandate is to have stronger
Regular Sustainable Development and Energy Efficiency Commission
Meeting Minutes August 21, 2013
Page 7 of 12
environmental controls, however, there seems to be a big
emphasis on the reduction of haulers in order to reduce GHG. He
questioned whether there were other ways that would have the
same end result. He stated that the Commission has to do what
is best for the community not the City.
In response, Commissioner Villanueva advised that things are
still status quo. By not addressing the emission level, it
could put the City at risk for scrutiny. By removing some of
the haulers that may go to the landfill less than full, it would
reduce emission levels.
Commissioner Corselli argued that the haulers are not going to
the landfills half-full and GHG goes everywhere, it is not
limited to Vernon. None of the data presented have indicated
that there would be a reduction in vehicles.
Commissioner Honda reasoned that government imposes mandates but
does not provide method to address it. Perhaps the Commission
needs to be more creative in order to achieve the requirements
of the mandate without eliminating jobs.
Davis explained for Commissioner Corselli how the minimum number
of vehicles needed to service the City was calculated which
differs from the number of vehicles permitted to conduct
business in Vernon.
Commissioner Corselli suggested that perhaps the better solution
is to talk to companies using roll offs and advocate for front
end loaders, due to roll offs’ inefficiencies. In response,
Davis advised that they are more economical for larger
quantities of waste, especially if they have compactors.
However, he does not know whether haulers have the compactors,
if they do not, it could be very expensive.
Commissioner Corselli moved to adhere to the Commission’s
December 19, 2012 decision to remain at the status quo plus
enhancements; those enhancements being, the political support of
AQMD and Safe California standards. Existing haulers are to be
left in place, and allow competition to eliminate the number of
haulers. It was seconded by Andreoli. Motion carried, 4-2,
with Villanueva and Garcia in opposition.
Commissioner Honda commented that the Commission really needs to
look at this and be more proactive to help the situation. There
is a mandate by the Senator that needs to be addressed. In
Regular Sustainable Development and Energy Efficiency Commission
Meeting Minutes August 21, 2013
Page 8 of 12
response, Commissioner Corselli advised that the Commission is
being pushed to reduce the number of haulers but it needs to be
justified. The City of Vernon is supposed to be business
friendly, eliminating businesses is not adhering to this notion.
Commissioner Villanueva noted that areas such as San Pedro have
taken steps for stronger environmental controls. He suggested
that Vernon do the same and reduce the number of haulers. The
Commission has agreed to comply with existing laws, but no
enhancements have been made, it remains the status quo.
Grossberg and Commissioner Corselli debated over the rationale
on whether the tonnage thresholds per hauler would result in a
reduction of vehicles.
Deputy City Attorney Scott Porter confirmed for Commissioner
Honda that the Commission’s recommendation will be presented to
the City Council, but that they are not required to approve.
Porter clarified that Resolution No. 2011-149 has three
directives to staff, one of which is to reduce the number of
haulers.
Commissioner Corselli disagreed that “consolidate trash hauling”
meant a reduction in trash haulers, and interprets it as
ensuring that haulers function more efficiently.
Porter advised that the two other directives are to address the
environmental standards and the safety standards. He inquired
whether the Commission is recommending any changes to Resolution
No. 2011-149. From staff’s perspective the current
recommendation does not address the safety component.
In response, Commissioner Corselli advised that there is no
evidence that there are safety concerns. The vehicles are
inspected by the Health and Environmental Control Department and
other entities.
Porter inquired whether Resolution No. 2011-149 needs to be
addressed. The Commission has two options as he interprets it,
it can either recommend that Resolution No. 2011-149 be amended
to remove the safety standards requirement, or the Commission
should make a recommendation that address the safety standards.
Commissioner Villanueva sought clarification on the safety
standards that need to be reviewed. In response, Davis advised
Regular Sustainable Development and Energy Efficiency Commission
Meeting Minutes August 21, 2013
Page 9 of 12
that other cities address safety by requiring that haulers
submit their biennial inspection of terminals report, inspection
reports, to the City. The City may monitor or follow up if
there is cause for concern. Additionally, other cities request
workers’ compensation claims history report. This would
identify if a company has been placed on OSHA’s high risk
employer list. Davis advised that these are two ways the City
could leverage off of already mandated procedures.
Commissioner Corselli interprets this as additional paperwork,
which might result in increased processing fees. He recommended
that the City Council revisit their mandates under Resolution
No. 2011-149 and remove the safety standards component.
Commissioner Honda cautioned against it. In response,
Commissioner Corselli argued that if other entities already
monitor this, why is there a need to place that burden on
Vernon.
Commissioner Villanueva sees value in the City being involved
and receiving said reports. He explained that if the reports
indicate that a hauler is a safety concern or has frequent
violations, then it might be in the City’s best interest not to
have them do business in Vernon.
Davis further advised that this would be one way for the City to
leverage off of things that are already required by other
entities. He acknowledges that it is extra paperwork, but it
might be advantageous for the City to stay informed.
Commissioner Corselli moved that the City Council refine the
term safety standards.
Grossberg expressed his concerns that no recommendation to
address the requirements have been made. In response, to
Commissioner Villanueva’s same comments, Commissioner Corselli
advised that the Commission supports the Clean Air Act and other
environmental standards which continue to evolve and change.
Porter recommended that Corselli further define his
recommendation to the City Council.
Commissioner Corselli amended his motion to recommend that the
City Council either amend (remove) the words “and safety
standards” or define the term as stated in Resolution No. 2011-
149. It was seconded by Honda. Motion carried 6-0.
Regular Sustainable Development and Energy Efficiency Commission
Meeting Minutes August 21, 2013
Page 10 of 12
Commissioner Villanueva stated that all that has been done is
remain at status quo.
Commissioner Honda reported on AQMD Rule 1193 requirements and
the transition of vehicles to clean burning fuel. He reasoned
that this would eventually reduce the number of vehicles and
that the Commission has complied with the mandate.
Commissioner Villanueva argued that the status quo remains and
no enhancements have been made because all vehicles are
eventually required to go to natural gas.
Chairperson Garcia sought to address the consolidation of the
haulers. Garcia suggested certain requirements for vehicle
permits. In response, Porter advised and explained that the
number of authorized or permitted vehicles may not be the best
avenue to address the consolidation of haulers.
Porter clarified that the goal has been to reduce the number of
trips. He asked whether the Commission wished to require a
minimum amount of front end capacity in order to operate in
Vernon. This may result in the consolidation of haulers.
Commissioner Corselli expressed his concern that if certain
haulers are eliminated, the remaining haulers can permit and
increase their number of vehicles. In response, Grossberg
advised that in talking with haulers, they have indicated that
there would not be a need to increase the number of vehicles.
Porter recalled his question on whether to set a minimum
tonnage requirement for front end loaders and inquired whether
there were any additional motions. In response, Commissioner
Corselli expressed his concern that a recommendation needs to be
well thought out and vetted.
Porter suggested placing the item on the next agenda.
Commissioner Villanueva suggested further review of front end
haulers in order to address the reduction of vehicles and make a
recommendation to the City Council. Commissioner Corselli
argued that front end loaders are more efficient.
Commissioner Villanueva explained that the intent is for front
end loaders to come in empty and leave Vernon full. This will
reduce emission levels and wear and tear on City streets.
Regular Sustainable Development and Energy Efficiency Commission
Meeting Minutes August 21, 2013
Page 11 of 12
Commissioner Honda advised that this is making the assumption
that businesses are going to function in that manner, but they
do not. Haulers may pick up some loads in Vernon and then more
in other cities, but in the end they take full loads to the
landfills.
Commissioner Andreoli argued that under that logic all trucking
companies, such as UPS, should have the same restrictions, but
reasoned that this is unrealistic. He recommended that as a
Commission, they should continue to explore emissions, but that
a recommendation to the City Council has been made. He advised
that the recommendation should be presented and wait to see how
the City Council proceeds.
In response to Commissioner Andreoli, Porter explained the
process of the recommendation to the City Council.
Commissioner Villanueva moved to prohibit anyone to operate
within the City without a specified tonnage. The motion was not
seconded and died due to lack of a second.
ORAL REPORTS
Commission Director Grossberg proposed that the October 2013
meeting be cancelled. Unless there is a need for a special
meeting, the next meeting thereafter is December 18, 2013.
There was a general consensus to cancel the October 2013
meeting.
Deputy City Attorney Scott Porter suggested opening up for
public comment. Chairperson Garcia inquired whether anyone in
the audience wished to speak to the Commission.
Matthew Katanjian of AAA Rubbish, Inc. advised that every year
the City inspects the hauler’s vehicles. However, haulers are
required to undergo more thorough inspections, and he is more
than willing to submit the reports to the City. He also advised
that he is willing to purchase some of the routs from the low
tonnage haulers if it would help the City meet its goals.
Al from GB Services was not in favor of tonnage requirements for
haulers. He argued that vehicles in general contribute more to
the GHG emission levels than haulers.
Regular Sustainable Development and Energy Efficiency Commission
Meeting Minutes August 21, 2013
Page 12 of 12
With no further public comment, at 5:18 p.m. it was moved
Corselli and seconded by Villanueva that the meeting be
adjourned, Motion carried, 6-0.
________________________
Hector Garcia
Chairperson
ATTEST:
_________________________
Ana Barcia
Secretary