By Paul Krueger
Standing in the shadow of the vacant 101 Ash St. building, attorney Michael Aguirre on Monday, August 18, denounced the San Diego City Council and Mayor Todd Gloria for their “mismanagement” of city finances and their “illegal” effort to backfill the city’s budget deficit by inflating the new fee for trash pick up at single-family homes and small apartment and condo complexes.
Pointing to the vacant Ash Street building, which cost taxpayers more than $150 million to purchase and maintain, Aguirre said “that’s where the money is going, to fill that hole for places like Ash Street” and other city property debacles.
Aguirre and his law partner, Maria Severson, represent a cross section of homeowners challenging the new $46 monthly trash fee.
The lawyers argue that the city cannot legally charge more than the actual cost of service, which they claim the city has inflated to erase its budget deficit and cover the costs of mismanagement, including the pension fund deficit and the lack of storm drain maintenance that led to last year‘s devastating winter floods.
The attorneys stated that the reasonable, actual cost of trash pick up is $78 million a year, not the $148 million which the city is collecting.
“The city is trying to extract an unlimited amount of money from single-family homeowners because it’s in a panic mode to backfill its budget deficit,” Aguirre told reporters at his Monday morning news conference.
He was joined by local residents who are plaintiffs in his firm’s challenge to the trash tax. Mission Hills community activist Lisa Mortensen criticized the cities decision to make residents pay the trash fee as part of their twice- yearly property tax bill. Mortensen said including the trash fee on a property owners tax bill makes it difficult — if not impossible — to challenge a billing error.
“You will not be able to contest the fee with the city’s Environmental Services Department, because it has no control over billing, and that’s terrible,” Mortensen said. “This fee should be included as a line item on our water and sewer bill.”
The Aguirre Severson law firm has asked a judge to issue a temporary restraining order that would prohibit the city from imposing the trash fee. A hearing on that request is scheduled for October.
The City Of San Diego and its attorneys have vigorously defended the trash fee as an accurate and reasonable reflection of the actual cost of trash collection. It will oppose Aguirre’s request for the temporary restraining order in legal papers it’s lawyers will file next month.
This Third World mandate is environmentally, catastrophically irresponsible. Illegal dumping in canyons, and everywhere for that matter, will be swift and will overwhelmingly pollute all that remains of our useable coastline on day one if put into effect.
Mission Bay will become the next Hudson River. So filled with trash, and plastic that it’s polluted tidelands and water are no longer safe to kite-board, wake-board, sail, row, jet ski, wade and swim for people or dogs.
Thank you Mike Aguirre!
Thanks, Mike, Lisa, and Maria.
I’ll bet coming next July, when midterms determine the two front runners for D2 SDCC, the voters will thumb their noses at “Iron Mike,” as they have other truthtellers for the last 50 years. The voters elect those with big do re me and big fancy glossy mailers that hail them all as saints. The two Dems at the front of the pack this time are died in the wool party hacks and worse. But voters seem to like party insiders and could care less about their OWN welfare. How dumb can you get?
Dan, that may not be the case anymore. The public is now more engaged with one another than it has been in years, eyes wide open.
Mailers are propaganda, the original misinformation campaigns, sent to obfuscate, sent for subterfuge, and are typically wholly inaccurate, likely fabricated and untruthful.
Voters: just count your mailers, because they are the most expensive form of marketing. Mailers cost the Public the most blood and treasure in the form of political quid pro quo’s. So count all of them mailers up that you got courtesy of those that think you are still gullible enough to buy their bullshit.
1 Rule: Campaigns that sent the most mailers forfeit your support for candidates and for propositions.
Most importantly talk to your neighbors, continue to inform, discuss and debate. Remind them that these are matters of public policy and not politics. At this point it doesn’t matter what their ideologies are, because we are all Californians, we are all Americans and WE ARE ALL GETTING SCREWED! Unified San Diegans. CommUnity, and a well informed electorate, that is what “the Party” fears the most!
Mister Mateo, I’ll eat crow if I am incorrect but after more than 70 years of this horse shit, I see no change. It’s nice to have a couple hundred souls on OB RAG rant and rail against the insider establishment but it’s going to take a revolution in societal thought (An awakening) on a grand scale. It will not happen. Garrick at UTSD leads the effort in his promotion and idolization of political hookers. Just look at the lady running in D2 now!!! GEEZ!! She is an insider in the City Attorney’s Office.
Though I agree with you, now is not the time to acquiesce & pack it in. Double down on resistance! Express your first amendment right and freely share your knowledge with as many as you can.
The Union has a circulation of less than 50K. All the local news is owned by the corporate media monopolists. There are now less than 23 million cable TV subscribers in the U.S. The propaganda apparatus is no longer able to keep dumbing the masses down and they know it!
Strike while the iron is hot. Call every politicos office, & read them the riot act.
The OB Rag readership has been growing exponentially and they’re getting the support they need to promote more and more investigative activism.
Dan call your friends and email them links to OB Rag articles and just keep pushing back, they’re superficial facades are cracking…
Dan, make all the necessary calls to oppose SB79 today before 3pm. Participate in the process what do you have to lose? At least you go out fighting and stuck your thumb in their eye.
CALL TO ACTION: Please take less than one minute per call — from the comfort of your home — to let Sacramento know where San Diego really stands on SB 79.
Buffy Wicks (Chair), Dem – 14, (916) 319-2014
Kate Sanchez (Vice Chair), Rep – 71, (916) 319-2071
Dr. Joaquin Arambula, Dem – 31, (916) 319-2031
Lisa Calderon, Dem – 56, (916) 319-2056
Jessica M. Caloza, Dem – 52, (916) 319-2052
Diane B. Dixon, Rep – 72, (916) 319-2072
Sade Elhawary, Dem – 57, (916) 319-2057
Mike Fong, Dem – 49, (916) 319-2049
Mark Gonzalez, Dem – 54, (916) 319-2054
Gregg Hart, Dem – 37, (916) 319-2037
Blanca Pacheco, Dem – 64, (916) 319-2064
Gail Pellerin, Dem – 28, (916) 319-2028
Jose Luis Soache Jr., Dem – 62, (916) 319-2062
Tri Ta, Rep – 70, (916) 319-2070
David J. Tangipa, Rep – 08, (916) 319-2008
Don’t let the Mayor’s lobbyist speak for you. Our combined efforts can stop the momentum of SB 79. —THANK YOU!
Tell ’em:
“Hyper-Gentrification is internationally recognized as an act of genocide.
Oppose SB 79 – It is a deadly ‘Hyper Gentrification Bill’ proposed by the Politico-Corporate Real Estate Monopolists in the Senate. Do not defy the public.
SB79 will doom all of California with a catastrophic explosion of homelessness while the State Legislature and Executive branch remain in a suspended state of chaotic mismanagement.
SB79 will decimate and destroy our environment, while imposing corporate rental slavery on every subsequent generation beginning day one if passed by this committee.
There are no state laws that require any city or county permit issued affordable housing construction to EVER be built.
SB 79 is legislated Politico-Corporate Real Estate Housing monopolization through market manipulation and it is the California Democratic Party that has betrayed all Californians .
SB 79 is intended to eliminate home ownership for all Californians. Kill this bill NOW!”
Is there a go fund me for the Aguirre effort? I’d be happy to add funds to fight the illegal tax. Government should only charge for reasonable expenses and not try to make a profit. That is horrifically wrong and should be stopped. Thanks to those putting up a challenge!!
Larry,
I’m pretty sure funding is not a problem for this lawsuit, but the plaintiffs and their lawyers can use your moral support and attendance at hearings and other events. If you’re not on Lisa Mortensen’s email list, send her an email at mortensen@sqre.com so she can add you. Thx for supporting this effort.
Your San Diego property tax bills are now viewable online. I just looked at mine and the entire, full annual amount ($523) is a line item on my bill. I was one of the small percentage of people who created an account with Environmental Services and requested the smallest cans availabel, to reduce my annual cost. Looks like the reduction isn’t going to be granted up front. Not holding my breath that I will be refunded eventually.