G.I. Industries v. City of Thousand Oaks

FACTS

G.I. Industries,2 doing business as Waste Management (WM), provided solid waste management for the City of Thousand Oaks (City). The City was considering entering into a new exclusive solid waste franchise agreement with Arakelian Enterprises, Inc. doing business as Athens Services (Athens). The agreement is for a 15-year term beginning January 1, 2022, and ending December 31, 2036. On March 4, 2021, the City posted an agenda for a regular meeting of the City council to be held on March 9, 2021. An item on the agenda stated that the City would consider awarding the franchise agreement to Athens, along with a note that the City’s staff recommended approval. One item was not listed on the City’s agenda, that the City would also consider whether the agreement is exempt from CEQA. Nor did the agenda include the City staff’s recommendation that the City find the agreement to be categorically exempt. On March 5, 2021, WM submitted a comment letter to the City raising WM’s concern that the City had not considered potentially adverse environmental impacts if the new franchise agreement were approved.

We deny appellant’s request for judicial notice filed

February 16, 2022.

2 It…