Gluck

Filed 5/30/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

ROBERT GLUCK et al., Plaintiffs and Appellants, v.

CITY AND COUNTY OF SAN A170087

FRANCISCO,

(City & County of San Francisco Defendant and Respondent; Super. Ct. No. CGC-23-609954)

San Francisco has a combined sewer system that collects and treats both wastewater and stormwater in the same network. (City and County of San Francisco v. Environmental Protection Agency (2025) 604 U.S. ___ [145 S.Ct. 704, 707] (Environmental Protection Agency) [detailing combined system]; Edward Brown & Sons v. City and County of San Francisco (1950) 36 Cal.2d 272, 274 (Edward Brown & Sons) [describing “combined storm and sanitary sewers”].) In 1996, California voters approved Proposition 218, also known as the “Right to Vote on Taxes Act.” (Ballot Pamp., Gen. Elec. (Nov. 5, 1996) text of Prop. 218, § 1, p. 108.) Proposition 218 added certain provisions to the California Constitution for property-related charges imposed by local government. (Ballot Pamp., § 4, pp. 108–109.) These provisions included (1) a voter approval requirement for the…