Is it legal, or not? The trash franchise needs to be discussed – please write a note to your council rep and/or clerk Debbie Presson asking that this subject be placed on an upcoming agenda

22 Jan

This morning I sent an email to City Clerk Debbie Presson (, asking her how to agendise a discussion regarding the city’s trash franchise/tax. A recent Supreme Court decision says the city’s “franchise” is really a tax, and needed to be run in a ballot measure.

I’d like to ask for agendization of a discussion of “Zolly v City of Oakland” at an upcoming council meeting. Do I need to fill out a special form? Please advise – thanks, Juanita Sumner

INFO: Last August the CA Supreme Court ruled with plaintiffs in the case of Zolly v. City of Oakland, and “The court’s opinion answers the question of whether the city’s franchise fees are categorically exempt from the voter approval requirements as a matter of law — and concludes they are not”. (League of CA Cities)

Here’s a link to the case text

According to Howard Jarvis Taxpayers Association lawyer Laura Dougherty, this is all it should take – notifying them of the legal decision. But you know these guys, it would be great if a few of you pitched in and wrote a note too. It’s all there, and you can google “Zolly vs City of Oakland” for skads more information.

I’ll keep you posted as to any response I get. Yeah, it’s Sunday – I wonder if Debbie Presson is watching the John Wayne marathon on GRIT? If you’re looking for me you’ll find me in front of the boob tube with a bag of popcorn, watching “The Three Mesquiteers”

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