C I T Y L I G H T S


Landfill stinks


continued from page 3


than dispose of all trash by 2040. The 2020 goal is to divert 75 percent, which will likely be met, considering the current diversion rate is said to be 67 percent; how- ever, this rate has remained stagnant since 2010. The impetus for zero


waste, in part, was a 1989 state law that required 25 percent diversion of all solid waste by the year 1995 and 50 percent by the year 2000. The zero-waste goal,


in part, will be made pos- sible by the city diverting an estimated $26.4 mil- lion of $47.7 million from the Miramar Landfill clo- sure and post-closure fund (established in 1995). In December 2015, the city council voted unanimously to do so, with $18.1 million of these funds authorized for release in January 2017. Clo- sure costs of $29.6 million will remain encumbered. Does zero waste figure


anywhere into the com- plaints? Thompson said that some complaints pointed to the greenery/food-waste operation as a potential source, and that it is part of the Zero Waste Plan.


C I T Y L I G H T S How was the March vio-


lation resolved? Thompson said they ceased turning greenery/compost on the weekends. They also added sprinklers to help with dust control. They are currently working with an odor-miti- gation company to conduct a pilot program (starting in January) using an odor neutralizer. In a March 2016 letter


to the county, the city com- mented that the number of complaints leading to the citation were substantially more than received over the past several decades. Fin- gers pointed at early Janu- ary 2016 rain, saying that the storm was rated as “a once in one-hundred year event.” The letter states that in


late January, they identified the compost operations as a source of odor. Within days, a new procedure was implemented to cover the compost with plastic when- ever there was a 40 percent chance of rain. They also started turning the compost more frequently. In Febru- ary, an odor-neutralizing agent was introduced into the greenery operation. In a follow-up July let-


ter, the city said a firm they hired to take air samples determined that the land-


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fill was not the source of odors. The city agreed to pay the county $15,000 to settle the matter, with the condi- tion that they didn’t have to admit liability.


■


Under the radar


continued from page 3


procedure. This is far from true. In fact, changes made during an autopsy are eas- ily hidden by a mortuary so that the individual can be viewed by loved ones.” ... The City of San Diego is search- ing for an artist to adorn its new East Fortuna Staging Area Field Station Building to be built next year at Mis- sion Trails Regional Park. At an estimated $54,000, the artwork will join the city’s Civil Art Collection. Per bid documents, “The City col- lects artworks that demon- strate the creativity and inno- vation practiced in the arts; that stimulate discussion and the exchange of ideas; that balance urbanization and development with humaniz- ing elements; that honor the history and heritage of San Diego and its citizens; and/or that reflect the character and diversity of San Diego’s region while incorporating a global perspective.” However, news


C I T Y L I G H T S


releases are carefully moni- tored, says the notice. “The Artist agrees that, if selected, the City will review and approve all news releases,” which are to be “submitted in writing to Commission staff member. Staff will review and provide feedback and/or approval in a timely manner.” — Matt Potter (@sdmattpotter)


The Reader offers $25 for news tips published in this column. Call our voice mail at 619-235- 3000, ext. 440, or sandiegore- ader.com/staff/matt-potter/ contact/.


NEWS TICKER continued from page 2


to discharge a debt by Jen- nings’s wife, his partner in business, because it had involved “embezzlement or larceny” and “willful and malicious injury” to another party. Although she has been a longtime real estate professional, she claimed she “did not know what she was signing and signed forms merely because Mr. Jennings told her to,” according to the appellate panel. The appellate court


affirmed the bankruptcy court’s decision on Mr. Jennings but reversed the


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non-dischargeability of Mrs. Jennings’s debt, saying her plea of being an ingenue “created a genuine issue of material fact.”


Don Bauder


Wheelchairs can’t roll over pipes Lawsuit settled over a year after city sued subcontractor The City of San Diego has tentatively settled a lawsuit brought by a woman who says the city failed to meet Americans with Disabilities Act requirements while crews were repairing sec- tions El Cajon Boulevard. As reported by the


Reader, Yolanda Zaldivar’s lawsuit, filed in January 2015, alleges road crews working for a city sub- contractor haphazardly blocked the sidewalk by pouring mounds of asphalt over water and sewage pipes on the sidewalk dur- ing road repairs. The obsta- cles prevented Zaldivar, who relies on a wheelchair, access to businesses and other public right-of-ways. They also posed a safety risk as well. Read the lawsuit “...


uneven surfaces and exces- sive slopes and drops at the curb ramps. In some


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areas, the hoses and pipes are partially sticking out. Attempting to utilize the curb ramps under these conditions puts [Zaldivar] at substantial risk of tip- ping over and falling out of her chair.” Zaldivar is represented


by attorneys at San Diego law firm Potter Handy, which specializes in ADA lawsuits against busi- nesses and municipalities. During the course of the past 20 years, the law firm has filed over 2000 law- suits throughout California for alleged ADA violations. In Zaldivar’s case, the


city filed a cross complaint against its subcontractor, KTA Construction. The two sides settled their dispute in May 2015. Despite multiple settle-


ment conferences, the city and Zaldivar’s attorney, Isabel Masanque, failed to reach an agreement until November 2016. The amount of the


settlement has not been released. The city coun- cil must first approve the amount before an agree- ment is ratified. The council is expected to discuss the terms during an upcoming closed-session hearing. Dorian Hargrove


28 San Diego Reader January 5, 2017


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