Bid to Bring Back 'Free' Trash Collection for Private Streets Fails

A proposal to take away the mayor's authority to end "free" trash collection on private streets fell one vote short of passage at the San Diego City Council meeting on Monday.

The measure, amending the city's municipal code, needed five votes to pass, but only had the support of four council members. Council President Tony Young was not present.

"We have to stand up and reject the pattern of a city government that has continued to offer less and charge more," said Councilman Carl DeMaio, who represents Rancho Bernardo in District 5, as he pushed for the amendment's passage.

Mayor Jerry Sanders had invoked his authority to terminate trash collection agreements with more than 14,000 residents in 102 home owners associations (HOAs) effective July 1, eliciting anger from many residents and threats of lawsuits. Several affected areas are in Rancho Bernardo. (.)

Nine out of 10 residential developments with private streets in San Diego now pay for their own trash collection, according to the mayor's office. About 60 percent of the city's occupied residential have their trash collected by the city at no additional cost. A 1986 measure allowed existing private developments to enter into "hold harmless" agreements with the city to continue trash service, though all developments built after that date would have to pay for their own service. The hold harmless agreements prevent the HOAs from suing the city for damage to their streets during collection.

The City Attorney's Office said at Monday's meeting that, despite what many say, property taxes are not used to pay for the city's trash collection. However, council members countered that general tax revenue that provides city funds covers trash costs. A major complaint of free trash-supporters is that, in having to pay for trash collection, they are being double-taxed for the service.

Councilman Todd Gloria, in opposing Monday's proposal to strip the mayor's authority on trash collection, said either everyone should pay for trash, or no one should pay. He added that preserving city-sponsored trash for the 14,000 residents would do nothing to solve the city's deficit.

The service cut is projected to save the city nearly $1 million. If the council had rescinded the mayor's authority on the matter, they would have needed to find those additional savings in the budget before the FY2012 budget deadline at the end of June.

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