Copyright 2013.-16 No LA Trash Monopoly.com . All Rights Reserved.
Los Angeles Exclusive Trash Franchise
Challenge Up Date
November 12, 2017
Greetings, supporters of the effort to Stop the Los Angeles Commercial Trash Monopoly.
The Legal Challenge was filed in the Los Angeles Superior Court, Case number BC664070. The case is being heard by Judge Maren E. Nelson in Department 307, 600 Commonwealth Ave Los Angeles CA. 90005.
It was based on a Violation of Prop. 218 of the California Constitution. The City of Los Angeles did not follow the Prop 218 requirements when formulating and passing the Ordinance.
There are specific requirements for a Municipality to follow when raising or passing a Tax, even if they do not call it a “Tax”.
There are 12 violations of Prop 218 on the part of the City, and the Department of Sanitation. The case is making its way through the Court, and the “Status Hearing” is set for December 15th in Department 307.
In the interim, due to the extreme hardships suffered by commercial customers, lack of trash pickup, rate increase of 100% to 700% we took a “bold move” and filed for an Injunction to halt the rate increases and allow trash to be collected until the trial.
We have submitted over 600 pages of arguments and evidence covering all violations and challenges being faced by customers.
The Judge denied our Motion for an Injunction at the November 7th hearing. She did not see how this constituted a Tax on the part of the City.
The City Attorney argued that the City was not receiving money in the form of a Tax or Fee. A Sworn Statement was submitted to that effect by the City.
The example given was the plastic the bag ordinance, in which a charge for a paper bag was charged by the market, and the market kept the money, not the city.
Based on this argument the motion was denied.
The City’s argument is completely without merit; as the city collects 12% of the gross from the Franchise Haulers! The Judge based her decision to deny the motion on this false and misleading claim by the city.
The process to appeal the decision to the same judge would most likely not prove successful. We will move forward to the main cause of action on December 15h.
A major announcement concerning the legal challenge, will be made before the end of the month.
In addition to the legal challenge we will be announcing the Petition Drive to Repeal the Exclusive Franchise on Monday.
Our battle continues full force!
David Hernandez Chairman, Committee for Accountability and Good Government in Los Angeles PO Box 9694, North Hollywood, CA 91609.
Who: Los Angeles Business Owners & Housing Providers
What: Stripped of ability to choose commercial waste vendors.
When: July 31, 2017
Where: City of Los Angeles
Contact: David Hernandez Chair, Committee for Accountability and Good Government in Los Angeles. 818 448-3403.
July 31, 2017 marks the date when Free Enterprise in Los Angeles received a blow no rational business owner could or would have thought possible.
Clearly the only way such an assault on the rights of business owners is possible, was by the means taken by the City of Los Angeles.
The process to change the method of Commercial Trash pickup began five years ago and the Exclusive Trash Franchise Ordinance was adopted two years ago; yet it was not until 19 days before its implementation were a small percentage of business owners made aware of the change.
A change where just seven handpicked companies were given the exclusive rights to pick up all commercial trash in the 11 Zones created within the City of Los Angeles.
A change that would strip business owners of their right to hire the best company for the best price. The change that would void contracts which spanned decades and had not only developed strong working relationships but friendships as well.
By the City’s own admission, of the 350,000 business in Los Angeles, only 28,000 had been informed of the policy change as of June 12, 2017, just 19 days before the July 1st start date.
Of the 90,000 commercial trash customers, only 8,000 had received waste assessments with only 2,000 signing agreements.
“Signing Agreements”? When you are stripped of your rights and forced by law to use the provider the city assigns to you or you lose your ability to do business in the City of Los Angeles, that is an agreement under duress!
On “Friday July 28th, Judge Hon. Maren E. Nelson in Department 307, denied the Plaintiffs (Apartment Owners Association of California Inc.) motion for a Temporary Restraining Order.
The TRO would have allowed current non-franchise haulers to continue operation and retain the original trash fees. The hearing date for the Injunction is set for October 30, 2017 in Dept. 307.
Without the TRO, Non-Franchise Haulers will cease pick up in the City of Los Angeles today, July 31, 2017. Without the TRO the rate increases of 100% to 500% will be forced on the Commercial Waste Customers of Los Angeles.
“As the trash begins to pile up and goes uncollected, Los Angeles Businesses and Residents may want to look at those who were elected to represent them in a different light. Nothing good comes from keeping those impacted most, in the dark. “
David Hernandez, Chairman, Committee for Accountability and Good Government in Los Angeles.
JULY 1, 2017
The Los Angeles Exclusive Trash Franchise is set to go into effect onJuly 1, 2017.
As far as the City of Los Angeles and Organized Labor is concerned it is a DONE DEAL!
But not as far as we are concerned!
We are engaged in a Legal Challenge as to the Constitutionality of the passing Exclusive Trash Franchise by the LA City Council, based on Proposition 218.
Prop 218 requires a 2/3rds voter approval prior to imposition or increase of general taxes and certain user fees.
In addition to the Prop 218 challenge, we are including a component for the reimbursement for loss of revenue by the Haulers who will be prevented from doing business in Los Angeles. For some this loss puts them out of business.
We are in the process of preparing the documents to file a Law Suit and Temporary Restraining Order. This will be taking place within two weeks!
We will then push for a Permanent Order until a trial can take place to halt the implementation of the Exclusive Franchise Ordinance until the Trial. This could take place as soon as 60 days for now.
We believe the damages which will be suffered by the Trash Haulers who will be forced out of business or lose most their business is a strong basis for the Judge granting the Restraining Order until the case can be heard.
Will you join the fight for Fairness and Free Enterprise and contribute to the Legal Challenge?
The Legal Challenge requires funding to succeed. We need your help.
You can contribute on line at our Web site www.nolatrashmonopoly.com, write Legal Challenge in the Notes.
Or you can send your contribution to the Committee for Accountability and Good Government in Los Angeles, PO Box 9694, North Hollywood, CA 91609. Note Legal Fee on the Check
David Hernandez, Lead Proponent and Chairman,
Committee for Accountability and Good Government in Los Angeles.
Paid for by the Committee for Accountability and good Government in Los Angeles ID# 1334520
To Repeal and Replace Ordinance No. 182986 entitled City-wide Exclusive Franchise System for Municipal Solid Waste Collection and Handling Program/Exclusive Commercial and Multifamily Solid Waste Franchise Collective and Handling System.
The Los Angeles City Charter provides for an Ordinance Initiative Petition as an option to Repeal and Replace an Ordinance passed the City Council and Mayor.
Five residents of Los Angeles, known as Proponents can file for the Ordinance Initiative. If the requisite number of signatures are gathered, the Ordinance Initiative is placed on the ballot and voted on by the citizens of Los Angeles.
The number of signatures need to qualify this petition is 61,486. Once the signature gathering begins, there is a 120-day time limit to collect them.
Anyone who is a registered voter in the City of Los Angeles can sign the Petition. Anyone who is eligible to register to vote in California can circulate the Petition.
STOP THE LA TRASH MONOPOLY?
CLICK TO DONATE NOW
NOVEMBER 6, 2017
Who: Apartment Owners Association of California & Business Owners
What: Injunction against LA Commercial Trash Franchise Court Hearing.
Where: LA Superior Court Dept 307, 600 Commonwealth, Los Angeles, CA
When: November 7, 2017 1:30PM
Contact: David Hernandez 818 448-3403
As Commercial Business Owners, Housing Providers and Non-Profits suffer from a mismanaged and unfair roll out of the new Los Angeles Exclusive Trash Franchise, the Injunction to halt the process will be heard.
Failure to pick up customers trash for weeks on end is becoming the norm as we enter the fourth month of the roll out.
Price increases as high as 100% to 600 % are also becoming the norm.
The case will be heard in Department 307 by Judge Maren E. Nelson. Attorney Carolin Shinning representing the Apartment Owners Association of California will argue for returning all fees back to the January 1, 2017 rate as well as other issues to bring the Ordinance in compliance with California Proposition 218.
Following the hearing, a press conference will be held outside the court house to provide a briefing on the case, the judge’s decision and the course of actions to be taken going forward.
As thousands of Housing Providers and Business Owners become aware of the new ordinance, frustration and anger mounts throughout the City of Los Angeles.
A Ballot Initiative Petition to Repeal and Replace the Exclusive Ordinance with a Non-exclusive Initiative has been certified for circulation by the Los Angeles City Clerk, but is being held pending the outcome of the litigation.
David Hernandez a community advocate from the San Fernando Valley, who has been leading the fight against the Los Angeles Commercial Trash Franchise for two years, states, the battle will continue against the closed monopolized system either in the courts or at the ballot box. We will not stop until we succeed in bringing freedom of choice back to the commercial trash customers in the City of Los Angeles.
City of Los Angeles
OFFICE OF THE CITY CLERK
Holly L. Wolcott, City Clerk / Jinny Pak, Election Division Chief
555 Ramirez St Space 300, Los Angeles, CA 90012
FOR IMMEDIATE RELEASE FOR MEDIA INQUIRES:
October 14, 2016 (213) 978-0417 │email@example.com
CITY CLERK APPROVES INITIATIVE ORDINANCE PETITION FOR CIRCULATION
NON-EXCLUSIVE FRANCHISE SYSTEM FOR SOLID WASTE COLLECTION. INITIATIVE ORDINANCE.
LOS ANGELES — Los Angeles City Clerk Holly L. Wolcott announced that a petition draft for an Initiative Ordinance submitted on October 11, 2016, relative to Non-Exclusive Franchise System for Solid Waste Collection, was approved by the Office of the City Clerk on October 12, 2016, for circulation and collection of signatures of registered voters in the City of Los Angeles. The official title and summary of the proposal as prepared by the City Attorney is included below:
NON-EXCLUSIVE FRANCHISE SYSTEM FOR SOLID WASTE COLLECTION. INITIATIVE ORDINANCE.
The proposed ordinance would amend the Los Angeles Municipal Code to change the City’s current exclusive franchise system to a non-exclusive franchise system for the collection, transportation and processing of commercial and multifamily solid waste. The proposed ordinance would repeal certain City restrictions on removal and transportation of solid waste and would repeal the City’s requirement that owners of commercial and multifamily buildings subscribe to and show proof of solid waste collection services. The proposed ordinance would repeal certain City rules requiring commercial establishments to retain collection services for recyclables. The proposed ordinance also would repeal certain City restrictions regarding the operation of solid waste disposal facilities. The proposed ordinance would eliminate several current requirements in standard franchise agreements, including the requirements that a franchisee pay a living wage, supply trash containers for recyclables and organics, deliver recyclables and organics to certified City disposal facilities, and enter into labor agreements limiting work stoppages.
*In accordance with Charter Section 451(b), all names signed to the petition must have been secured not more than 120 days prior to the date of filing the completed petition. The petition must be signed by 61,487* registered voters of the City of Los Angeles. In addition, if the petition is not filed within two years after it has been approved for circulation, the proponents must entirely re-submit the petition for approval.
The Office of the City Clerk administers elections for the City of Los Angeles, the Los Angeles Unified School District, and the Los Angeles Community College District. More information can be found on the City Clerk's election website at: clerk.lacity.org/elections or contact the Election Division at (213) 978-0444, or toll-free at (888) 873-1000 between 8:00 a.m. and 5:00 p.m., Monday through Friday.
*Per Charter Section 451(b), the number of signatures reflects 15% of total votes cast for all candidates for the Office of Mayor at the last election at which the Mayor was elected.
Share the news on Twitter and Facebook
Los Angeles Trash Franchise
Legal Challenge Announcement
October 27, 2017
Judge Maren E. Nelson has moved the October 30th 8:30AM hearing to November 7, 2017 at 1:30PM. The case will be heard in Department 307, 600 Commonwealth Avenue, Los Angeles, CA 90005.
We believe the Judge, after reviewing our 600-page filing documents as well as the City’s Response, could be issuing a “tentative” ruling.
The time change is of major significance. It means the Judge will allow more time for oral arguments.
Given the manner in which the Legal Challenge is developing, and evidence provided, we hold a strong belief the Injunction will be granted.
More information will be forthcoming as it develops.
Support the Challenge by contributing todayeither on the Web Site or by Mail.
David Hernandez Chairman, Committee for Accountability and Good Government in Los Angeles.
PO Box 9694,
North Hollywood, CA 91609