HomeMy WebLinkAboutAGENDA REPORT 2025 0702 CC REG ITEM 12ABENINK&
SLAVENS, LLP
8880 Rio San Diego Drive, 8t h Floor
San Diego , CA 92108
T el : 619 .3 69.5252 Fax: 619.369 .5253
www .beninkslavens.com
Via UPS Overnight Mail
City Clerk
City of Moorpark
323 Science Drive
Moorpark, CA 93021
RE: Claim for Damages
Dear City Clerk:
April 8, 2025
Eric J. Benink, E s q.
eri c@bemnkslavens.com
Vincent D. Slave ns, Esq.
v1nce@bemnksla vens. com
APR 1 0 2025
Please be advised that this firm represents Travis Schimmer, a resident of the City of
Moorpark. Mr. Schimmer hereby submits a claim for refund , on behalf of himself and a class of
solid waste collection customers of G .I. Industries and USA Waste of California, Inc. (together
as "Waste Haulers") who have paid or will pay the illegal fee components described below . The
period of time for which refunds are sought is one year prior to the date of this claim and
continuing until the City remedies the violations of law described herein.
The legal basis for the claim is the City 's Waste Haulers have paid and /or will pay to the
City , a quarterly franchise fee ( 6% -12% of gross receipts), "administration fees" ($100 ,000
from USA Waste and $250 ,000 from G.I. Industries), and a $183,300 "annual impact fee" in
connection with waste hauling services the Waste Haulers provide. Mr. Schimmer contends that
these fee components are embedded in the rates that customers pay to the Waste Haulers and
constitute illegal taxes (unapproved by voters) as "tax" is defined in section 1, subdivision (e) of
article XIII C of the California Constitution. To the extent the City contends that any portion of
these fee components fund street repairs and /or address street or pavement impacts caused by
trash trucks , those portions violate Vehicle Code section 9400.8.
Ill
Ill
Mr. Schimmer 's address is:
Moorpark, CA 93021
Item: 12.A.
215
April 8, 2025
Page 2
Mr. Schimmer requests that all notices be sent to:
Eric J. Benink, Esq.
Benink & Slavens, LLP.
8880 Rio San Diego Dr., 8th Floor
San Diego, CA 92108
(619) 369-5252
eric@beninkslavens.com
The date, place, and circumstances giving rise to the claims are the events leading up to
and including the City Council's consideration and adoption of Resolution No. 2018-3704;
Resolution No. 2018-3705; Resolution No. 2020-3793; and Resolution No. 2024-4283. The
indebtedness, obligation, injury, damage, or loss incurred is the amount of the unconstitutional
and/or illegal components embedded in solid waste collection rates and fees charged by the
Waste Haulers and collected from ratepayers. That amount exceeds $10,000 and thus, this claim
would not be a limited action. To the extent we are required to identify Mr. Schimmer's
respective share of damages (i.e., amount sought to be refunded) to date, that amount would be
calculated as his pro-rata share of the fees paid by the Waste Haulers to the City (franchise fees,
administration fees, impact fees) during the past year. Those damages are continuing.
The names of the public employees causing these injuries are City staff members who
prepared the reports related to the above-referenced resolutions.
We were unable to locate a claim form on the City's website. If such a form exists and
you require that it be completed, please advise. Please also advise if you believe the form or
content of this claim is deficient in any respect. Thank you.
Sincerely,
tj/f
Eric J. Benink
216