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City of Sutter Creek Settles Prop 218 Garbage Suit

Krause, Kalfayan, Benink & Slavens, LLP announced in a press release that the City of Sutter Creek settled a lawsuit with residents Dorothy and Paul Pressnall. In the settlement, the City agreed to pay attorney fees and to follow Proposition 218 requirements on future garbage rate increases as the Pressnalls asked in their suit. More

Success Stories

Read about local ratepayers who have successfully protested rate increases.

About Prop 218

Passed by voters in 1996, Proposition 218 amended the California Constitution to require cities, governments and special districts to allow affected property owners to protest any proposed new or increased property-related fees.

Garbage Rates - Jackson

ACES Waste Services is the only garbage collection service in Amador County, with 9 service areas.

Jackson's service area is controlled by the Jackson City Council. The city has a franchise agreement giving ACES exclusive rights to the service area so that no other garbage company can compete with ACES in that area.

In exchange for the exclusive agreement, the Council has the responsibility to approve or reject rate increases proposed by ACES. Although the county follows Proposition 218, Jackson has not followed Prop 218 in the past, so the City Council has had the last say in garbage rate increases. Unfortunately, council members do not take the time to fully understand the justification for increases and usually (if not always) approve the rates ACES requests. Without the ability to protest a rate increase via Prop 218, city residents cannot stop a rate increase.

In May 2012, Sutter Creek residents successfully sued Sutter Creek because they did not follow Prop 218 for garbage rate increases. The next time ACES requests a rate increase in Sutter Creek, the citizens will have the opportunity to protest. RPA is hopeful that the other four cities in Amador County (Ione, Jackson, Plymouth and Amador City) will also follow Prop 218 when ACES requests future rate increases.


Jackson Council Ignores Recommendation on Prop 218

On June 25, 2012, the City of Jackson scheduled an agenda item to rescind a resolution for an ACES Waste Services garbage rate increase. City Manager Mike Daly recommended rescinding the rate increase. Daly also recommended that the City provide the notification required by Proposition 218. Prior to meeting in public, the Council discussed in closed session the lawsuit filed by Jackson resident Bill Orescan to compel the City to comply with Prop 218. After the closed session, the item to rescind the resolution was removed from the agenda and was not discussed. More...

Jackson Resident Sues City Over Garbage Rates

Krause, Kalfayan, Benink & Slavens, LLP announced in a press release that Jackson resident William Orescan filed a lawsuit in Amador County Superior Court against the City of Jackson. The suit alleges that the City has violated the Constitutional provisions of Proposition 218 by failing to allow the public the opportunity to protest garbage rate increases. More...