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Legal Wrangling Over Montebello Trash Continues

Posted By admin On October 16, 2008 @ 9:20 pm In General News, Montebello | No Comments

Two more Montebello residents filed a lawsuit against the city on Tuesday, following the city council’s
decision to hold off on addressing a referendum petition that asks the council to decide between
overturning its approval of a trash hauling contract or putting the decision on the ballot for voters to
decide.

This time, the suit filed by Rosemary Torres and Mike Torres argues that the city council did not have
the legal right to sidestep the choices presented to them on the referendum petition, which had been
prepared by a citizen’s group and was, according to county verification, signed by more than 4,700
Montebello residents.

“We’re seeking a court order requiring the city and city council to follow the law regarding the
referendum petition and that is either to repeal the agreement or submit it to the voters,” said Brad
Hertz, the attorney retained by the Torres’.

“That’s the requirement under California Election Code 9241, after the city clerk certifies the
signatures. By taking no action at the Oct 8 city council meeting, the city violated that provision of
the election code,” he said.

The 3-2 council vote that provoked this lawsuit had itself deferred to an earlier lawsuit made by
Montebello resident Irene Villapania. She alleged the referendum petition was prepared incorrectly
and that signers of the petition were given misleading information about details of the contract.

The council majority was interested in seeing if the court would agree with Villapania’s claim.

Still, the referendum petition had the support of Councilwoman Mary Anne Saucedo-Rodriguez, who
proposed the motion at last week’s meeting to put the referendum on the ballot. “The courts are
going to decide if the referendum is valid, but I represent the people…” she said.

After Saucedo-Rodriguez’s motion, Councilwoman Kathy Salazar proposed to replace it with a motion
to postpone making a decision. This was seconded immediately by Councilwoman Rosemary
Vasquez.

Salazar says she would like to see the referendum go onto the ballot, but it all depends on how the
courts decide.

“When something goes to the courts, I believe we have to listen to what the courts have to say
before we have to spend a lot of money in putting it on the ballot. I have no problem with putting it
on the ballot if the courts come back saying the petition was valid, that it was not flawed. I would
support it going to the vote of the people,” she said.

While the city is the target of both lawsuits that were filed within a little more than a week of each
other, “it’s no secret that the real battle,” according to Villapania’s attorney, is being waged by the
interested parties in the suits: Athens Services and Montebello Residents for Honest Government
PAC, the citizens group behind the referendum campaign.”

Usually cases involving referendum petitions have to be brought up by registered voters, he says.”

The independent haulers who were shut out of the amended exclusive agreement between the city
and Athens Services were early critics of the contract, but according to Ron Saldana, executive
director of the Los Angeles County Disposal Association (LACDA) that takes the side of the
independent haulers, the citizens group Montebello for Honest Government are the main proponents.

“We’re fairly involved, but we’re not the lead group. The lead group is the citizen group,” he says.
The LACDA is only indirectly involved as supporters of the PAC and the referendum effort.

The two lawsuits have enough relation to each other that the attorneys for both Torres’ case and
Villapania’s case believe they will be consolidated into one case.
”It usually will go before one judge,” Hertz says. The judge will likely be Los Angeles Superior Court

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egpnews.com » Print » Legal Wrangling Over Montebello Trash Continues http://egpnews.com/?p=2582&print=1

Judge David Yaffe, who had been assigned to preside over Villapania’s case. “We filed a separate
document called notice of related case.”

Before voting in support of Salazar’s substitute motion on Oct 8, Councilman Robert Urteaga asked
City Attorney Arnold Alvarez-Glasman if there would be any negative effects from the council waiting
until the court makes a decision on the Villapania’s lawsuit. The city attorney said there would be
none.

“Ultimately if the court makes a decision that the referendum is valid, it comes back to the city. The
city would have no alternative at that time but to call for an election or to consider repealing the
agreement,” Alvarez-Glasman said.

Urteaga says there is enough time to wait for the court’s decision. “The election is in 2009 anyway…
Have it go to the vote of the people in 2009 — if the courts say it’s allowed,” he said.

But the lawsuit filed by the Torres’ on Tuesday disagrees with the city attorney’s and the council
majority’s assessment. “They have no authority. They should do the job they’re supposed to do.
They’re not supposed to sit on their hands, they’re not supposed to delay the people’s right to vote.”
said Chris Robles, spokesperson for the referendum campaign.

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