City of Dublin v. County of Alameda

Voters in Alameda County (the County) approved by majority vote an initiative measure adding the Alameda County Waste Reduction and Recycling Act of 1990 (Measure D) to the County charter. The trial court granted a petition for writ of mandate invalidating Measure D on several grounds: (1) a surcharge on waste disposal imposed by the initiative is a special tax which required a two-thirds vote according to article XIII A, section 4 of the California Constitution; (2) Measure D conflicts with the California Integrated Waste Management Act of 1989 (the Act) (Pub. Resources Code, § 40000 et seq.) in several respects and is therefore preempted; (3) the Act precludes local action by initiative; and (4) Measure D conflicts with a joint powers agreement entered into by the County and its cities and sanitary districts. [1]

We conclude that the court erred. Except for an overinclusive definition, which is severable, Measure D is a valid exercise of the initiative power, and its surcharge is not a special tax.

The Act is prefaced with a declaration of legislative findings, including that the "amount of solid waste generated in the state coupled with diminishing…

Voters in Alameda County (the County) approved by majority vote an initiative measure adding the Alameda County Waste *270 Reduction and Recycling Act of 1990 (Measure D) to the County charter. The trial court granted a petition for writ of mandate invalidating Measure D on several grounds: (1) a surcharge on waste disposal imposed by the initiative is a special tax which required a two-thirds vote according to article XIII A, section 4 of the California Constitution; (2) Measure D conflicts with the California Integrated Waste Management Act of 1989 (the Act) (Pub. Resources Code, § 40000 et seq.) in several respects and is therefore preempted; (3) the Act precludes local action by initiative; and (4) Measure D conflicts with a joint powers agreement entered into by the County and its cities and sanitary districts.

We conclude that the court erred. Except for an overinclusive definition, which is severable, Measure D is a valid exercise of the initiative power, and its surcharge is not a special tax.

Facts and Procedural Background

A. The Act

The Act is prefaced with a declaration of legislative findings, including that the “amount of solid waste generated in the…

Alameda County Waste Reduction and Recycling Act of 1990 (Measure D) imposes a $6 “surcharge” per ton of solid waste deposited in landfills located in Alameda County. The majority conclude that the surcharge is a valid regulatory fee. I believe the trial court properly found this surcharge to be a special tax imposed in violation of article XIII A, section 4 of the California Constitution.

A municipality has broad powers to enact regulations for a purpose reasonably related to promoting the public health, safety, comfort, and welfare, by means reasonably appropriate to the regulatory purposes which are not in conflict with general laws. (Barry v. City of Oceanside (1980) 107 Cal.App.3d 257, 261 [ 165 Cal. Rptr. 697 ], citing Higgins v. City of Santa Monica (1964) 62 Cal.2d 24, 30 [ 41 Cal.Rptr. 9 , 396 P.2d 41 ]; and Sunset Amusement Co. v. Board of Police Commissioners (1972) 7 Cal.3d 64, 72 [ 101 Cal.Rptr. 768 , 496 P.2d 840 ].) Sanitation, including waste disposal, is subject to local regulation, and it is within Alameda County’s police power to address conservation of its landfill space. In the exercise of its police power, a municipality has the right to fix and collect…