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June 7th City Council Meeting (Garbage Disposal Contract on Agenda)
Thanks to the people who showed up last night and spoke on behalf of the community! Last night, the Milpitas City Council unanimously voted to put the referendum on the Nov ballot. This means that the Waste Management disposal contract is suspended (put on hold) until the voters cast their votes in Nov. As the City Council stated, they believe that the Disposal RFP (Request for Proposal) process is competitive, open and transparent. However, with Republic Services having enough signatures for the referendum, their only option was to place the item on the ballot. This strategic move by Republic Services will cost taxpayers at least $53,000 for the item to be placed on the ballot, remember that initially Republic didn’t even participate in the RFP process for disposal contracts. Republic wanted to bundle both the disposal and collections services which would then lead to less competion for the collections contract since many collections providers do not have a disposal site.
We are still waiting for the exact text of the referendum that will be placed on the ballot before taking our next action. Of the two choices the city council had the alternative being to rescind the decision of awarding the contact to Waste Management, placing it on the ballot is a good decision by City Council. Now it will be up to the voters and we will be trying to get our message out to them.
This move by Republic undermines the City of Milpitas competitive, open and transparent process for disposal & collections bidding process. Republic is trying to maintain their 30 year monopoly over disposal & collections in Milpitas.
Read more in this Milpitas Post article.
Milpitas City Council will decide on whether to rescind a resolution awarding Waste Management with the disposal contract OR place on the Nov ballot a referendum sponsored by Republic to overturn the resolution.
The entire bidding process was competitive, open and transparent. Republic decided NOT to submit a bid on the disposal contract and therefore lost the disposal contract. Now it is seeking to reverse the Milpitas City Council decision which will cost the City at least $53,000 to place this item on the ballot.
PLEASE ATTEND AND VOICE YOUR OPINIONS.
The following was pasted from the Meeting agenda…
ITEM 17 on the June 7th agenda:
Consider Action and Adopt a Resolution Calling for a Ballot Measure Following Receipt of Petition for Referendum on Award of Contract for Solid Waste Services to be Placed on the Ballot for the November 8, 2016 Election (Staff Contacts: Mary Lavelle, 408-586-3001 and Chris Diaz, 408-586-3050)
Background: Proponents filed a referendum petition with 3,777 voter signatures in the City Clerk’s office on April 14, 2016. The City Clerk certified to the City Council on May 17, 2016 that 2,541 signatures were found sufficient and that number was more than required to qualify June 7, 2016 Milpitas City Council Agenda Page 17 this matter to go on the next election ballot. The referendum seeks to overturn Resolution No. 8532 adopted by the City Council on March 15, 2016. The Resolution awarded a contract to one of two bidders, Waste Management Inc., for the City’s solid waste disposal services. Because the referendum petition was filed within the required 30 days timeframe, the contract award is currently suspended.
Two options are possible on this matter. If the City Council chose to rescind the resolution, then the matter would not go to the ballot. If the City Council adopts a resolution calling for the ballot measure to go onto the November election based on the voter petition, then Milpitas voters could vote to ratify the Council-adopted Resolution (maintaining the contract award) or not.
Based on the report received from the City Clerk on May 17, 2016, the City Council must take one of the following actions, per California Elections Code §9237:
a) Move to rescind Resolution No. 8532; or,
b) Adopt a Resolution calling for a Special Election for Milpitas voters to consider the referendum on Resolution No. 8532 to be consolidated with the municipal election scheduled
on November 8, 2016.
Fiscal Impact:
If the City Council calls for this measure to go on the ballot, the City of Milpitas will have to pay unbudgeted election costs of approximately $53,000 in FY 2016-17 in addition
to budgeted amount for the scheduled municipal election on November 8, 2016.
Recommendation:
Adopt a Resolution calling for a ballot measure following receipt of Petition for Referendum of Resolution No. 8532 awarding a contract for Solid Waste Disposal Services to Waste Management Inc. to be placed on the November 8, 2016 election ballot, consolidated with the scheduled municipal election on that date.
2016 May Flyer/Newsletter
2016 May Flyer/Newsletter: http://milpitas-odor.info/wp-content/uploads/2016/05/May-2016-Flyer-updated.pdf
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May 2016 Fundraising
At its core, Milpitas REACH consists of a handful of people who have full time jobs and families. We spend our weekends/late nights to plan/strategize and continue the fight to eliminate the man-made sources of odor polluting Milpitas.
Join Us to Stop Urban Landfill Expansion
Join our us to Demand San Jose to Stop ALL Urban Landfill Expansions!It is appalling that every single city around San Francisco Bay has closed down its landfills and yet, San Jose City continue to permit the growth of 5 landfills in environmentally sensitive locations, 4 of the 5 are within densely populated neighborhoods.There are 8 public schools and about 100,000 people who work and live within 2 miles of Newby Island Resource Recovery Park which includes the largest bayfront landfill, largest recyclery and composting operation. Collectively, Newby Island has received 4000+ complaints and 32 Regulatory Violations from BAAQMD, LEA and RWQCB in the past 15 months. San Jose Planning Staff had acknowledged that the existing land uses are indeed incompatible.
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Our goal is encouraging residents’ dialogue and collaboration to eliminate man-made sources of odor polluting Milpitas.
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Thank You
Call to Action: 3 Major Decisions
Dear neighbors and friends,
We have reached a very critical juncture where 3 major decisions will be made on Republic Services’ Newby Island that affects your living environment. We call for your individual action to ensure citizen’s interest is not compromised. Show up & Speak Out!
If we don’t represent our concern in our own voice, then capitalists and lawyers will manipulate the legal and bureaucratic system to get a favorable decision that serves their interest without our voice being counted. Tell the decision makers your concerns are real and though you are represented at times by your city, community leaders or lawyers, that should not dilute your self-representation or be exploited.
Email your concerns to decision makers and show up at the following hearings:
- Newby Island Class Action Settlement (1-12-CV-228591)
Decision Maker: Judge Peter H Kirwan, pkirwan@scscourt.org
Key Date: May 6, 2016 Fairness Hearing @ 9am, Superior Court, 191 N 1st St, San Jose
- Newby Island Expansion Permit (PD14-014)
Decision Maker: San Jose Planning Commission
msyesney@gmail.com, ballardshiloh@gmail.com, nick@nickpham.com, Ed@Abelite.com, brian.ohalloran@att.net, sylvia.do@sanjoseca.gov, rebecca.bustos@sanjoseca.gov
Key Date: Aug 24th 2016 @ 6:30pm, San Jose City Hall, 200 E Santa Clara St, San Jose
- Milpitas City Long Term Garbage Contract Selection
Decision Maker: Milpitas City Council
jesteves@ci.milpitas.ca.gov, cmontano@ci.milpitas.ca.gov, dgiordano@ci.milpitas.ca.gov, gbarbadillo@ci.milpitas.ca.gov, mgrilli@ci.milpitas.ca.gov
Key Date: Collections Bid presentation (April/May TBD), Contract Selection (June TBD)
It is only through residents’ collective voices that we can win the war against the environmental injustice inflicted on our community. Time is now to act to be heard individually and show up to bring the citizen power to action!
Recent developments are appended for your reference. Thank You for your support.
Background Info:
If you are new to this issue, Newby Island has impacted the quality of life in Milpitas, Fremont and San Jose for decades. 23,000+ residents have signed the “Stop Newby Island Landfill Expansion” petition. In 2015, Newby received 19 regulatory violations (9 for public nuisance) and accounted for 90% of confirmed odor complaints. In the first 3 months of 2016, Newby received 4 regulatory violations and 800+ complaints were logged. Despite recurring violations and public objections, Republic Services continue to pursue Newby Island expansion to an unprecedented height, solicit new long term garbage contracts and deny any wrongdoing (class action settlement). For more information, visit milpitas-odor.info or like us on Facebook.
Recent Developments:
Class Action Lawsuit Settlement
- 600+ opt-out vs 200+ opt-in claims out of 6,800 households by 2/9/16 deadline signified strong dissent over settlement terms and inadequate representation of class members
- 90+ letters from residents outside “1.5 miles radius” objected to the arbitrary class definition
- Suspicious addition of “Dawn Lepik” as a new named plaintiff on 3/16/16 “to protect the interest of the settlement class” after Dolly Wu (original plaintiff) confided to “not spend enough time to understand the facts and situation about the settlement”
- Deadline extension for claims only and denying absent class members’ rights to object or opt-out constitutes bad faith and conflict of interest
- Attorneys attempt to discredit high opt-outs as being influenced by misinformation
Newby Island Expansion Permit
- Recurring regulatory violations and odor complaints in 2015/16 signify on-going problems. It is against San Jose Municipal Code Section 20.100.940 to issue permit that has unacceptable negative effect on adjacent property or properties
- New odor study results will be revealed – Don’t miss it!
- Bylaws is being amended on 4/13/16 where only 3 affirmative votes are needed pass a motion for the permit hearing (compared to 4 in the original bylaws)
Milpitas City Long Term Garbage Contracts
- City is finalizing 2 separate new contracts: 20-year disposal contract (Part 1) and 10-year collection contract (Part 2)
- Part 1: On 3/15/16, City Council awarded the 20-year disposal contract to Guadalupe Landfill in San Jose based on the lowest competitive bid. For the 1st time in Milpitas’ history, its waste will not be disposed at Newby Island. However, Allied Waste (a subsidiary of Republic Services) has sponsored a referendum to overturn Milpitas City Council’s selection of Guadalupe Landfill
- Part 2: Republic Services are among 6 bidders for the collections contract worth $10+ million/year. Bids will be revealed and finalized by June 2016
Beware new referendum gathering signatures
Milpitas Residents,
Please beware of paid petition gatherers trying to overturn city council disposal contract decision. They’re using scare tactics (such as garbage rate hike) to solicit signature. In reality, the city council already selected the lowest bid.
Please alert your friends and neighbors to not sign this referendum.
It appears that the person collecting signatures is spreading false information. Please note that the city has not released any change to garbage fees since only the disposal contract was finalized (20% of cost) while collection contract (80% of cost) is still pending.
Specifically for disposal contract, the city council selected the lowest bid at $42.78/ton (i.e. Guadalupe Landfill in San Jose). City staff estimated that we are currently paying between $43-$50/ton to Newby. The consultant also revealed that San Jose City currently pays Newby $44.96/ton.
We are appalled that we have been paying higher than our neighboring cities all this while to smell their trash. We should support city council decision to go with the lowest bid and send our garbage to San Jose for a change.
Unfortunately Allied Waste is using paid signature gathers to acquiring enough votes to place a referendum on the ballot to allow the voters to overturn the City Council’s unanimous decision. Allied Waste has the ability to run an expensive campaign with misleading scare tactic messages. Allied Waste is a subsidiary of Republic Services.
An important victory: Garbage disposal contract
Milpitas’ 30-year contract with Republic Services for garbage collection and disposal (landfill) ends in September 2017. City is currently finalizing 2 separate new contracts: a 10-year garbage collection and 20-year disposal contract.
On Tuesday March 14th, during the Milpitas City Council meeting, the residents of Milpitas has scored an important victory. The garbage disposal contract for the next 20 years was awarded to Waste Management Inc (Guadalupe landfill, San Jose). As residents of Milpitas, we’ll no longer bury our waste in our own backyard (Newby Island Landfill on Dixon Landing). Guadalupe landfill received 34 unconfirmed odor complaints in the last 2 years while Newby has about 3,000 complaints in Milpitas in the last 12 months.
We have sent a clear message to Republic Services (Newby Island Landfill’s operator) that having a landfill next to a residential area and environmentally sensitive wildlife refuge no longer provide them with a competitive advantage. We, the people, are standing up to defend our rights for clean air/water and we have the will and determination to continue fighting until the landfill has been closed.
Having a landfill at the doorstep of Milpitas did not help Republic Service to get the disposal (landfill) contract from Milpitas. Also having a landfill in the heart of Silicon Valley will hurt their garbage collection business as well.
Milpitas has started the evaluation process for the garbage collection 10 year contract valued at an estimated amount of $100M+. Shortlisting process has already started to narrow down from the current 6 bidders.
Please join our efforts of emailing City Council members to NOT AWARD THE GARBAGE COLLECTION CONTRACT TO REPUBLIC SERVICES as long as they pursue their landfill expansion permit which would raise the landfill’s height to an unprecedented 250 feet and extend the life of the landfill indefinitely.
Cut/Paste these email addresses and send your comments directly to the city council:
jesteves@ci.milpitas.ca.gov; cmontano@ci.milpitas.ca.gov; dgiordano@ci.milpitas.ca.gov; gbarbadillo@ci.milpitas.ca.gov; mgrilli@ci.milpitas.ca.gov
Every email counts.
The smelly Newby Island Landfill is a San Jose facility and under San Jose’s jurisdiction. Although Milpitas won’t be dumping its Garbage at Newby, other cities will still be using the facility, so it will remain open until it reaches capacity. If the expansion permit goes through, the landfill will be open for a very very long time.