Chung

Chung v. City of Monterey Park

Good Law
148 Cal. Rptr. 3d 334·2012 Cal. App. LEXIS 1097·210 Cal. App. 4th 394·42 Envtl. L. Rep. (Envtl. Law Inst.) 20218
Court of Appeal of CaliforniaOctober 23, 2012No. B233859California4,928 words

Opinion

Lead Opinion

Klein, J.

Plaintiff and appellant Wing Y. Chung (Chung) appeals a judgment denying his petition for writ of mandate and declaratory relief. Chung sought to invalidate Measure BB, approved by the voters of defendant and respondent City of Monterey Park (the City). Measure BB established a competitive bidding for future trash service contracts, to be used after the existing trash service contract, currently held by Athens Services (Athens), expires in 2017.

The essential issue presented is whether the Monterey Park City Council’s (City Council) decision to place Measure BB on the ballot required prior environmental review pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.).

The trial court properly determined that Measure BB was not a “project” within the meaning of CEQA and therefore the measure did not require environmental review before being placed on the ballot. The judgment is affirmed.

FACTUAL AND PROCEDURAL BACKGROUND

1. City voters approve Measure BB, placed on the ballot by the City Council, adopting competitive bidding for trash hauling services.

On November 3, 2010, the City Council directed staff to prepare a ballot…

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