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Some RB homes to lose free trash service

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There are 177 Rancho Bernardo households that will be told early next month that they are losing their free, city-provided trash service.

By year’s end, they will have to hire a private hauler for weekly trash service. Residents and their HOAs should receive notification letters from the city as early as next week, according to Environmental Services officials.

They said 452 households of their 304,000 customers citywide are being eliminated from routes because they are on private streets and they or their homeowners associations did not have hold harmless agreements with the city as of Nov. 4, 1986.

Among the seven identified developments thus far are two in Rancho Bernardo — 124 units in Tierra del Sol in Bernardo Heights and 53 units in Westwood Townhouses I and II, which the city refers to as the “Lazarou” development in the July 13 report to the City Council’s Natural Resources and Culture Committee.

Those affected in Tierra del Sol include homes on Caminito de las Noches, Caminito Tomas, Caminito de las Missiones, Caminito del Hoy and Caminito de Linda, said Jack Straw, Rancho Bernardo’s representative for City Councilman Carl DeMaio.

Because portions of Westwood Townhomes I and II are on private streets, only some residents in those associations will lose trash service. Straw said these include Caminito Baya, Caminito Masada and portion of Florindo Road north of Poblado Road.

The incorrectly provided service for the last several decades came to light when the department was preparing Waste Management Regulation 009-10, and reviewing trash pick-up routes so the new 10-hour, four day a week work schedule for city-employed trash haulers could be implemented, according to the report. New collection routes went into effect July 12. The new regulation was sent to Mayor Jerry Sanders for his signature this week and will go into effect once signed.

Providing free service to these households is in violation of the People’s Ordinance and city municipal code, amended in 1986 to forbid additional hold harmless agreements between the city and those on private streets.

The agreements exempt the city from liability if damage happens to the street or other property during trash service, according to José Ysea, Environmental Services spokesman.

During the July 21 NR&C Committee meeting, DeMaio told Environmental Services and City Attorney officials he does not agree with how the People’s Ordinance is being interpreted.

Eliminating trash service to 452 households is estimated to save the city $15,000 a year, Ysea said. In addition, because private haulers have to pay the city a franchise fee, the city has the potential to collect $8,000 per year.

Despite a monetary gain for the cash-strapped city, DeMaio said he is “very disappointed” the resolution is moving forward because of its financial impact on families.

According to the report, each household could pay $15-$20 per month for a private trash hauler.

During the meeting, City Councilwoman Donna Frye asked officials to lengthen the 120-day grace period to affected residents since their free city-provided service would end the week of Nov. 29 to Dec. 3. Frye said implementation the first week of January would be better.

“Taking someone’s trash service away over Christmas; that is a really harsh thing to do,” DeMaio added.

DeMaio said his office will help the affected Rancho Bernardo HOAs with their new trash service arrangements, if needed.

Ysea said amending the code so those affected could be grandfathered in would require City Council action. DeMaio said he would support such an action.

Among other changes that will go into effect next month:

• residents with more trash than can fit their bin in a week may request once per month that drivers wait while they refill;

• additional pickups for those moving in or out is eliminated;

• residents must report missed collections by 5 p.m. the following day.

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