Residents Sue San Diego to Block Proposed Trash Fee

News Summary

Five residents of San Diego filed a lawsuit against the city to prevent a proposed trash pickup fee from being approved by the City Council. The lawsuit claims the fee violates Proposition 218, which prohibits charging more for services than their actual cost. Initially set at nearly $48 per month, the fee is significantly higher than what was promised during the 2022 election. The plaintiffs argue that the city misled voters about the service costs and request the judge to invalidate the Council’s approval. The lawsuit highlights broader concerns regarding local governance and resident representation.

San Diego – Five residents have filed a lawsuit against the City of San Diego on Monday, aiming to block a proposed trash pickup fee from being approved by the City Council next month. The suit alleges violations of Proposition 218, which prohibits government entities from charging more for services than what is necessary to cover those services’ costs.

The legal action marks the first significant challenge following the narrow approval of Measure B by San Diego voters, a measure enabling the city to impose fees for trash services. Previously, a law established in 1919 mandated free residential waste collection in the city.

The city has been grappling with how to set a fair monthly fee and gauge the number of new customers subjected to the charge. The proposed initial fee is nearly $48 per month, which is double the low end of an estimated fee range that was disclosed to voters during the 2022 election.

According to the lawsuit, this monthly fee is excessively high when compared to the city’s last year’s trash service costs. The city reportedly incurred around $89 million in expenses for trash collection last year, with projections estimating that cost will increase to nearly $149 million by fiscal 2026.

The plaintiffs argue that city officials have imposed this fee without allowing homeowners to determine their service levels, effectively circumventing homeowner choice. They are requesting a judge to invalidate the City Council’s prior approval for the trash fee.

The residents involved in the lawsuit include Mary Brown, Scott Case, Patty Ducey-Brooks, Lisa Mortensen, and Valorie Seyfert. Their petition was filed at the San Diego Superior Court, although a hearing date has yet to be set.

While the Mayor’s Office has refrained from commenting on the ongoing lawsuit, the City Attorney’s Office has indicated it will not discuss pending litigation. Last month, a significant majority of the City Council moved to advance the trash pickup fee, with a final vote scheduled for June 9.

The plaintiffs are represented by Michael Aguirre, a former city attorney, along with his law partner Maria Severson. The lawsuit is supported by a 14-page complaint accompanied by 19 pages of documentation that claim the city misled voters about the true costs associated with trash services.

The city has faced difficulties defining and implementing a cost-of-service program, primarily due to challenges in identifying how many residents use the trash pickup services. The city plans to collect the new fee via property tax bills, which are issued biannually.

Prior to the 2022 election, an independent budget analyst estimated that the expected fee for single-family homeowners would range from $23 to $29 monthly. However, amidst public outcry regarding the proposed charges, city officials adjusted the fee downward; it was initially set at $53 in February but has since been adjusted to approximately $48.

Despite this reduction, the current estimated monthly fee remains significantly higher than those imposed by other municipalities in Southern California. For instance, Riverside charges $37.32, Pasadena $46.61, Los Angeles $41.32, and Long Beach $42.66, with future hikes planned for both Los Angeles and Long Beach.

Furthermore, cities utilizing private companies for residential trash services tend to charge much lower fees, with an average of $32 among 12 surveyed local cities. City officials cite San Diego’s sprawling geography as a significant factor contributing to the high costs associated with service delivery.

City budget experts have acknowledged reassessing their previous budget estimations, admitting that initial projections for costs and the number of trash service customers were inaccurately low, contributing to the current legal dispute over the proposed trash pickup fee.

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Additional Resources

• San Diego Union-Tribune
• Wikipedia: Proposition 218
• KPBS
• Google Search: San Diego trash pickup fee
• 9 News
• Encyclopedia Britannica: Municipal Waste Collection