Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: James Eggemeyer, Director, Office of Sustainability
Subject: Adoption of the 2017-18 Fiscal Year Garbage and Recyclables Collection Service Charges Report in County Service Area No. 8 (North Fair Oaks)
RECOMMENDATION:
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Acting as the Governing Board of the County Service Area No. 8 (North Fair Oaks), conduct a public hearing:
A) Open public hearing
B) Close public hearing
C) Adopt a resolution:
1. Adopting the FY 2017-18 Garbage and Recyclables Collection Service Charges Report for County Service Area No. 8; and
2. Directing the Director of the Office of Sustainability to file the FY 2017-18 Garbage and Recyclables Collection Service Charges Report with the County Controller; and
3. Authorizing the Director of the Office of Sustainability to refund any overcharges resulting from data, data entry, or computation errors.
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BACKGROUND:
On October 20, 2009, your Board adopted Resolution No. 070423, which approved a franchise agreement with Recology San Mateo County (Recology) to provide services for the collection of recyclable materials, organic materials, and solid waste to County Service Area No. 8 (CSA-8), and the remainder of the unincorporated South Bayside Waste Management Authority Service Area (Burlingame to Menlo Park) for a term of January 1, 2011 through December 31, 2020.
On July 26, 2016, your Board adopted Resolution No. 074679, approving the “2016-17 Fiscal Year Collection Service Charges Report for County Service Area No. 8 (North Fair Oaks)” (Charges Report) calculated based upon the adopted rates as approved by your Board on November 18, 2014.
On January 10, 2017, your Board adopted Resolution No. 074969 setting the garbage and collection rates for CSA-8, effective February 1, 2017, attached as Exhibit A and B.
On July 11, 2017, acting as the Governing Board of CSA-8, your Board adopted a Resolution setting Tuesday, July 25, 2017 at 9:00 a.m. at the regularly scheduled Board meeting, as the time and place for a public hearing on the filing of the Garbage and Recyclables Collection Service Charges Report for CSA-8 (North Fair Oaks) for FY 2017-18.
DISCUSSION:
The County generates revenue to pay Recology for service to residential dwellings in CSA-8 by charging fees based on pick-up units for each affected parcel that meets the criteria outlined in County Ordinance Code 4.04.220. These fees are defined and adopted each fiscal year in the Charges Report for CSA-8 and placed on the tax roll. Recology directly bills commercial and industrial customers that do not have the minimum charges placed on the County tax roll and customers receiving additional services pursuant to the franchise agreement (Attachment A).
The County Ordinance Code requires your Board to hold a public hearing to consider public testimony prior to adopting the Charges Report based on the rates adopted by your Board. The individual user charges contained in the Charges Report were calculated in accordance with the rates adopted by your Board (Attachment A, Exhibit A) and County Ordinance Code Section 4.04.220. Occasionally, data, data entry, computation, or other errors occur during the annual updating and preparation of the Charges Report. The proposed Resolution authorizes the Director of the Office of Sustainability to refund during the fiscal year any overcharges resulting from any such errors in the Charges Report. Recology will refund any errors found in their billing record system.
The purpose of the public hearing is to allow your Board to hear and consider all objections or protests to the Charges Report. After the close of the public hearing, your Board may adopt, revise, change, reduce, or modify any charge, or overrule any and all objections if any, to the Charges Report, and direct the adoption of the Charges Report.
County Counsel has reviewed and approved the resolution as to form.
Approval of this action will contribute to the Shared Vision 2025 outcome of a Collaborative Community by engaging the property owners of residential dwellings in the process of adopting the Charges Report and levying the fees on the tax roll in order to provide for continued garbage and recycling collection services in CSA-8.
FISCAL IMPACT:
There is no fiscal impact to the General Fund.
Adoption of the Charges Report for FY 2017-18 and its filing with the Clerk of the Board and the electronic filing with the Controller will result in the user charges contained therein being placed on the tax roll. These charges will appear on the FY 2017-18 tax bill of each affected property, and will be collected in the same manner as the property taxes.
The remaining unscheduled service charges (Attachment A, Exhibit B) and the other unincorporated County areas covered by the franchise agreement are billed directly by Recology and the garbage and recyclables collection service charges are not placed on the tax bill.
Staff time involved in preparing the FY 2017-18 Charges Report, administrative documents, and public advertisement of the hearing is part of the administrative cost associated with managing the Garbage Collection and Recycling services in CSA-8 and is financed with CSA-8 funds. Additionally, a $1.42 per parcel charge will be levied by the Controller based on the Controller’s rates schedule approved by your Board for the costs associated with levying the charges on the tax bill. This charge is currently paid for by CSA-8 funds.
Attachment A: Exhibit A, 2017 Garbage and Recycling Collection Rates CSA-8 and Exhibit B Unscheduled Service Fees.