Special Notice / Hearing: Yes__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Jim Eggemeyer, Director, Office of Sustainability
Subject: Adoption of the 2019-20 Fiscal Year Garbage and Recyclables Collection Service Charges Report in County Service Area No. 8 (North Fair Oaks Area)
RECOMMENDATION:
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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 FY 2019-20 Garbage and Recyclables Collection Service Charges Report (the “Charges Report”) for County Service Area No. 8; and
2. Directing the Director of the Office of Sustainability to file the FY 2019-20 Garbage and Recyclables Collection Service Charges Report for County Services Area No. 8 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; and
4. Authorizing the Director of the Office of Sustainability to revise the Charges Report as a result of any parcel changes received from the County Assessor and/or County Controller and to file the revised Charges Report with the County Controller.
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BACKGROUND:
On October 20, 2009, your Board adopted Resolution No. 070423 which approved a new franchise agreement with Recology San Mateo County (Recology) to provide services for the collection of recyclable materials, organic materials, and solid waste in 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 January 29, 2019, your Board adopted Resolution No. 076372 setting the garbage and collection rates for CSA-8, effective January 1, 2019 attached as Exhibit A for reference.
On June 25, 2019, acting as the Governing Board of CSA-8, your Board adopted a Resolution No. 076731 setting Tuesday, July 23, 2019 at 10:15 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 2019-20.
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 Garbage and Recyclables Collection Service Charges Report for CSA-8 (Charges Report) and placed on the tax roll. Commercial parcels not on the tax roll and additional services provided to customers will continue to be billed separately based on the 2019 Garbage and Recyclables Collection Rates (Exhibit A) directly by Recology.
The County Ordinance Code requires your 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 rates adopted by your Board in January 2019, 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. Additionally, as of the date that the attached Charges Report was developed, the data for the relevant tax rate areas was still being finalized by the County. The proposed Resolution therefore authorizes the Director of the Office of Sustainability to revise the Charges Report as a result of any parcel changes received from the Assessor and/or Controller on or after July 17, 2019, as well as 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 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 resolution contributes to the Shared Vision 2025 outcome of 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 2019-20 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 2019-20 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 CSA-8, 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 from franchised fees. 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 franchise fees from the CSA-8 fund.
Attachment A:
Exhibit A, 2019 Garbage and Recyclables Collection Rates in County Service Area No. 8.