Amador County – Jackson City Council on Monday tabled an agenda item that would have considered a resolution to rescind the Council’s approval of an ACES Waste Services rate Increase of 3.68%, which was approved on May 14.

The agenda also included consideration of directing staff to proceed with a Proposition 218 process, which would have notified citizens of the rate increase. The Council also held a special meeting with the city attorney to discuss existing litigation, Orescan v. the City of Jackson, filed against the city to seek to cause the city to make the Prop 218 notification.

City Manager Mike Daly said the council had no reportable action in closed session.

In a report to the City Council, Daly recommended rescinding the resolution and rate increase and recommended the Council “direct staff to provide the required notification and protest option to the public regarding the proposed increase per the requirements of Proposition 218.”

Daly said in the report that as in the past, during the May 14 discussion, the applicability of Prop 218 procedures was discussed with City Attorney Andy Morris. He said “the conclusion was that since property owners are not required to have garbage service in Jackson that this is not a property-related fee.”

He said on June 11, Jackson resident “William Orescan filed a writ of mandate with the Amador County Superior Court seeking to have the city of Jackson comply with Proposition 218’s mandates with respect to imposition of waste collection fees.”

Daly said the “City Council will be discussing the merits of this filing during a special meeting closed session item and this item is on the agenda should the City Council want to consider this action.”

ACES President Paul Molinelli Senior at the May meeting said the rate increase was due to a 25% increase in fees at Keifer Landfill in Sacramento, which will raise its rates form $20 to $25 per ton. Morris told the Council in May that Prop 218 notifications are related to fees that are mandatory, and in Jackson, “self-hauling is an option,” so prop 218 does not apply.

Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.