A taxpayers’ effort to overturn San Diego’s trash fee has — at least for now — survived a legal challenge, the case appears headed for trial or a settlement that could significantly reduce the controversial monthly fee.
In a tentative ruling issued Wednesday, April 8, Judge Euketa Oliver rejected the City’s argument that the evidence overwhelmingly shows that it is not charging taxpayers more than the actually cost of the trash collection. The judge ruled that the taxpayers’ attorneys “have presented evidence raising substantial questions about the reliability of the City’s underlying assumptions, particularly with respect to the relationship between service demand and projected costs.”
Noting that the city had overestimated the number of households subject to the new trash fee, the judge noted that “despite this decline in demand and correlating reduction in waste tonnage, the City’s projection show increasing — not decreasing — costs… The City’s position — that fewer customers can nonetheless result in higher overall costs and higher per-household fees — may be theoretically possible, but it requires a clear and well-supported explanation, (and) that explanation is lacking.”
On that issue and four other claims raised by the plaintiff taxpayers, the judge said the conflicting evidence should best be analyzed and decided on by a jury.
At a hearing Thursday morning, the City’s attorneys urged the judge to reconsider her tentative ruling. They said the city in fact hasn’t significantly reduced the number of homes that get trash service, and that the cost of trash collection will definitely exceed revenue’s generated by the fees.
But the judge affirmed her tentative ruling, and scheduled a May 8 trial date with an April 24 trial conference to confirm that both sides are ready for a trial.
Very few people really need weekly recycling pickups, and the lid-tippers (who inspect only the top layer of trash) serve almost no useful purpose; labor expenses that played at least some part in inflating the fee.
The Lincoln Club ballot initiative to repeal the fee is imperfect, as it sunsets after only two years. But if it qualifies it’s almost sure to pass. The council could have rolled back the fee to the Measure B estimates and probably avoided both the Aguirre suit and the initiative(s), but now it’s too late. They’ll wind up with nothing instead of half.
If only the city had been honest, this would have not happened, but then again maybe that is just too much to ask from elected officials. Now their credibility is out the window.
My pitchfork is sharpened and my tiki torch is filled.
Hopefully both sides can agree on a fair price
for the trash fee. San Diego does a great job at
keeping our alleys clean. The best solution is
go back to the table and come to fair agreement
On a monthly price.
Patrick Walsh