Special Notice / Hearing: Yes__
Vote Required: Majority
To: Honorable Board of Supervisors, sitting as the Governing Board of County Service Area No. 8
From: Carolyn Bloede, Director, Office of Sustainability
Subject: Adoption of the Garbage and Recyclables Collection Service Charges Report for County Service Area No. 8 (North Fair Oaks) for Fiscal Year 2022-23
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 Garbage and Recyclables Collection Service Charges Report for County Service Area No. 8 (North Fair Oaks) for fiscal year 2022-23; and
2. Directing the Director of the Office of Sustainability to file the Garbage and Recyclables Collection Service Charges Report for County Service Area No. 8 (North Fair Oaks) for fiscal year 2022-23 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 Garbage and Recyclables Collection Service Charges Report for County Service Area No. 8 (North Fair Oaks) for fiscal year 2022-23 as a result of any parcel changes received from the County Assessor and/or County Controller before July 31, 2022, and to file the revised Service Charges Report with the County Controller.
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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 February 11, 2020, this Board adopted Resolution No. 077212, setting the garbage and collection rates for County Service Area No. 8. These same rates were applied and used for calendar year 2021 and then again in 2022.
On July 20, 2021, at 9:15 am this Board adopted Resolution No. 078315, adopting the 2021-22 fiscal year Garbage and Recyclables Collection Service Charges Report for County Service Area No. 8.
On July 12, 2022 this Board adopted Resolution No. 079031, setting Tuesday, July 26, 2022, 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 County Service Area No. 8 (North Fair Oaks) for fiscal year 2022-23.
DISCUSSION:
The County generates revenue to pay Recology for service to residential dwellings in County Service Area No. 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 County Service Area No. 8 (Charges Report) and placed on the County tax roll.
Any additional garbage or recycling services above the minimum level of services on the tax roll or commercial parcels without a dwelling unit are billed directly by Recology for their services.
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 rates adopted by this Board on February 11, 2020, 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 Office of Sustainability will refund any overcharges resulting from data, data entry, or computational errors. Recology will refund any errors found in their billing record system.
Additionally, as of the date the Charges Report was developed for this meeting, 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. Special assessment submissions are due to the Controller by July 31, 2022 and all corrections must be submitted to the same office before August 10, 2022.
The purpose of the 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.
County Attorney has reviewed and approved the resolution as to form.
FISCAL IMPACT:
There is no fiscal impact to the general fund.
Adoption of the Charges Report and its filing with the Clerk of the Board and the electronic filing with the Controller by July 31, 2022, will result in the user charges contained therein being placed on the tax roll. These charges will appear on the 2022-23 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 County Service Area No. 8, and public advertisement of the hearing is part of the administrative cost associated with managing the garbage and recycling collection services in County Service Area No. 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 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 County Service Area No. 8 garbage fund.
Attachment:
- Exhibit A, FY 2022-23 Garbage and Recyclables Collection Rates in County Service Area No. 8