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Jackson Resident Sues City Over Garbage Rates

Jackson resident William Orescan filed a lawsuit against the City of Jackson alleging 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...

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 - Plymouth

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

Plymouth's service area is controlled by the Plymouth 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, Plymouth 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.


Plymouth Considers Rate Increase

On May 10, 2012, the Plymouth City Council considered a resolution to increase garbage rates by 4.8% without following Prop 218, an amendment to the California Constitution that allows residents the opportunity to protest garbage rate increases.

Two RPA members attended the meeting to inform the council about Sutter Creek’s recent lawsuit and settlement for not following Prop 218. Council members had not heard about the settlement, and because the Plymouth attorney was not present, the council decided to postpone approval of the rate increase until they could consult with their attorney at the next meeting on May 24, 2012.

At their May 24 meeting, Mayor Sandy Kyles said that City Manager Jeff Gardner requested that the Plymouth City Council table the decision to raise garbage rates until the June 14th meeting. Attorney Laura Hollender said the purpose of tabling the garbage item is to give the Council a more in-depth review of the rates and why exactly they need to be increased.