Special Notice / Hearing: Yes
Vote Required: Majority
To: Honorable Board of Supervisors, sitting as the Governing Board of County Service Area No. 8
From: Jasneet W. Sharma, Director, Sustainability Department
Subject: Adoption of the Garbage and Recyclables Collection Service Charges Report for County Service Area No. 8 (North Fair Oaks) for Fiscal Year 2025-26
RECOMMENDATION:
title
Acting as the Governing Board of County Service Area No. 8, conduct a public hearing:
A) Open public hearing
B) Close public hearing
C) Adopt a resolution:
1. Adopting the Garbage and Recyclables Collection Service Charges Report for County Service Area No. 8 (North Fair Oaks) for fiscal year 2025-26; and
2. Approving the submittal of the Garbage and Recyclables Collection Service Charges Report for North Fair Oaks for fiscal year 2025-26 with the County Controller by the Director of the Sustainability Department; and
3. Authorizing the Director of the Sustainability Department to refund any overcharges resulting from data, data entry, or computation errors; and
4. Authorizing the Clerk to file the Report with the County Controller by August 12, 2025.
body
BACKGROUND:
On October 20, 2009, this 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 garbage from January 1, 2011, through December 31, 2020. On June 4, 2019, this Board adopted Resolution No. 076641, approving the amended and restated Recology Franchise Agreement for an additional 15-year term expiring on December 31, 2035.
On January 14, 2025, this Board adopted Resolution No. 080851, setting the garbage and collection rates for North Fair Oaks. The rates set by the Board action take effect July 1, 2025, for those properties that pay for garbage and collection services via the County tax roll.
On June 10, 2025, this Board adopted Resolution No. 081240, setting Tuesday, August 12, 2025, at 9:15 a.m. as the time and place for a public hearing on the filing of the Garbage and Recyclables Collection Service Charges Report for North Fair Oaks for fiscal year 2025-26.
DISCUSSION:
The County has a franchise agreement with Recology to provide garbage collection services in North Fair Oaks. The County pays Recology for residential dwelling garbage services in North Fair Oaks by collecting fees from property owners, based on the required minimum residential garbage service levels for the property, as outlined in County Ordinance Code 4.04.220. These garbage collection fees are defined and adopted each fiscal year in the Collection Service Charges Report (Charges Report) and placed on the subsequent County tax roll. The adoption of the 2025-26 Charges Report allows the fees to be placed on the FY 2025-26 tax roll. For those commercial and industrial customers that do not have the charges placed on the County tax roll, and for customers receiving additional services pursuant to the franchise agreement, Recology bills and collects fees from these customers directly.
The County Ordinance Code requires this Board to hold a public hearing to consider public testimony prior to adopting the Charges Report. The individual user charges contained in the Charges Report were calculated in accordance with the garbage and recycling collection rates for North Fair Oaks adopted by this Board on January 14, 2025.The rates are attached as Exhibit A for reference and per 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 Director of the Sustainability Department will refund any overcharges resulting from data, data entry, or computational errors. Recology will refund any errors found in their billing record system.
The proposed Resolution authorizes the Director of the Sustainability Department to revise the Charges Report as a result of any parcel changes received from the Assessor and/or Controller that are not reflected in the current edition of the Charges Report.
The purpose of the August 12 public hearing is to allow this Board to hear and consider all objections or protests to the Charges Report. After the close of the public hearing, this Board may adopt, revise, change, reduce, or modify any charge, or overrule all objections, if any, to the Charges Report, and direct the adoption of the Charges Report.
The County Attorney’s Office has reviewed and approved the resolution as to form.
COMMUNITY IMPACT:
To ensure that all property owners were informed and can participate in the Proposition 218 process, public noticing was advertised in English and Spanish.
FISCAL IMPACT:
There is no fiscal impact to the general fund associated with the recommended action.
Adoption of the Charges Report 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 2025-26 fiscal year tax bill of each affected property and will be collected in the same manner as the property taxes.
Staff time involved in preparing the Charges Report for North Fair Oaks, and public advertisement of the hearing, is part of the administrative cost associated with managing the garbage and recycling collection services in North Fair Oaks and is financed from franchise fees. Additionally, a $1.42 per parcel charge will be levied by the Controller based on the Controller’s rates schedule approved by this Board for the costs associated with levying the charges on the tax bill. This charge is currently paid for by franchise fees from the North Fair Oaks garbage fund.