City of Los Alamitos Loses to Citizens in Court

Press Release

From: Citizen For A Fair Trash Contract


Friday 10/7/11 the Hon. Andrew P. Banks issued a ruling from the bench in favor of the Citizens for a Fair Trash Contract, stating the City Council violated their own City Ordinance in the awarding of the exclusive solid waste contract to Consolidated Disposal Service, LLC. Hon. Andrew P. Banks voided the contract and has stated that the City Council has a “reasonable time” to re-award the contract. In the interim, CDS shall continue to collect solid waste.

The plaintiffs are pleased with the Hon. Andrew P. Banks decision and action in regards to the City Councils violation of the City Code, as well as his enforcement of the remedy.

JM Ivler, one of the members of Citizens for a Fair Trash Contract stated, “The circus of politics was used to claim that this suit was everything from a political stunt to frivolous. Judge Banks decision shows unlawful actions were taken by members of the City Council. While validating “Citizens” claims that the City Council actions were unlawful, the question of why these actions were taken has not been addressed by the court. The process was corrupted, today’s decision validated those claims.”

Art DeBolt another member of the Citizen group commented, “The ordinance enacted by a prior city council led by Ken Parker and Catherine Driscoll was to insure the award of the future trash contract to the lowest responsible bidder. In the 50+ years of Los Alamitos Cityhood the trash contract had never been competitively bid. The violation of that city ordinance by Troy Edgar, Marilyn Poe and Ken Stephens resulted in an improper transfer of $6.5 Million from the pockets of the Los Alamitos residents and into the pocket of the trash hauler. Judge Banks has ended this fleecing of the public.”

Citizens For a Fair Trash Contract wish to thank our neighbors and businesses who have expressed support for our legal endeavor. Our victory in court gives the current city council a second chance to do what they should have done the first time… Act in the best interests of all who live and work in Los Alamitos; especially the businesses, apartment owners and renters who bore the brunt of the $6.5 Million fleecing.

The Citizens for a Fair Trash Contract have opened the door, created the opportunity, now is the time for the “silent majority” to attend a council meeting and be heard. Troy Edgar, Marilyn Poe and Ken Stephens were not voted into office to violate city ordinances, overcharge Los Alamitos citizens $6.5 million and then spend multiple $100,000s in city legal fees to defend their improper actions.

Now is the time for the community to stand up,and DEMAND A FAIR TRASH CONTRACT! One that awarded to the LOWEST RESPONSIBLE BIDDER. If there is a message to be sent, it is that Los Alamitos is not for sale to the second highest bidder; not for sale to those that purchase political power; not for sale to those that will hurt the citizens for their own political or financial gain.

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Overview: In July 2010 after months of citizens coming before the City Council to advise them that they were not following the law, the City of Los Alamitos inked a contract with Consolidated Disposal Services for the exclusive solid waste franchise. In response to the actions of the City Council majority a group of residents and business interests came together an filed a lawsuit in the OC Superior Court.

The filings associated with the suit can be found at

Commentary from the suit can be found at the local Los Alamitos Blog

This was a people powered movement that was seeking to save the residents and businesses over $6.5 million dollars in over charges by the people that were involved in financing the campaigns of the council majority either directly or indirectly. A true David verses Goliath story in which David wins. And a story that also finds a hardcore liberal Democrat working hand-in-hand with a hardcore conservative Republican to do what’s right for their local community.