http://www.sgvtribune.com/fdcp?
1224055084093
Suit filed over Montebello
trash contract
By Amanda Baumfeld, Staff Writer
Article Launched: 10/07/2008 10:08:09 PM PDT
MONTEBELLO - A lawsuit filed against the city
challenges a proposed referendum that would
give voters a chance to revoke an exclusive
garbage hauling contract, according to court
documents obtained Tuesday.
With the support of trash hauler Athens Services,
Irene Villapania, of Montebello, filed the lawsuit
on Monday in Los Angeles County Superior Court.
The City Council granted Athens an exclusive
contract in July.
"The purpose of the lawsuit is to get judgment
on what the voters were given to sign," said
Athens spokesman Mike Lewis. "What were they
really being asked to vote on?"
The suit claims the signature-gathering process
for the referendum plan was "fundamentally
flawed."
It also says the petition misled voters by failing
to disclose important parts of the contract,
according to court documents.
Villapania is represented by several attorneys
including Gibson, Dunn & Crutcher, a firm that
also represents Athens. Calls to Villapania for
comment were not immediately returned
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Tuesday.
A political fight broke out in July after city
council members Robert Urteaga, Kathy Salazar
and Rosie Vasquez voted to approve a contract
with Athens as Montebello's only trash hauler.
The 15-year contract, worth about $7.8 million
annually, provides Montebello with $500,000 and
7.5 percent of gross receipts from commercial
accounts. It also phases out the 13 independent
haulers who currently collect trash.
Mayor Bill Molinari said Athens is standing in
the way of the rights of the community.
"They have been threatening a lawsuit for some
time," Molinari said. "They don't have a lot of
respect for the democratic process in this
country."
Independent haulers circulated a petition calling
for a referendum to be placed on the ballot that
would revoke Athens' contract and allow other
haulers to work in the city.
A referendum is when an approved or proposed
measure by a legislative body goes to a vote of
the people.
Petitioners gathered 6,286 signatures. Of those,
4,578 were deemed valid by the Los Angeles
County Registrar/Recorder's Office.
State law requires 2,550 signatures or 10
percent of the city's 25,496 registered voters to
qualify for the ballot. City Clerk Robert King
found the signatures valid and placed the
10/15/2008 12:18 AM
 http://www.sgvtribune.com/fdcp?1224055084093

referendum on tonight's agenda for council

approval.

"I am not responsible for determining if the

petition is flawed or not," King said. "That's up to
the council."

Salazar did not yet see the lawsuit on Tuesday

and could not comment on the matter.

Molinari said the lawsuit will have no bearing on

the council's vote.

"Athens is attempting to intimidate the city,"

Molinari said. "Once the petition is found to be
sufficient the council has to approve it; we can
not override the state election code."

amanda.baumfeld@sgvn.com

(626) 962-8811, Ext. 2108

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