COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

June 30, 2008

BOARD MEETING DATE:

July 22, 2008

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

James C. Porter, Director of Public Works

SUBJECT:

Hearing for the Adoption of the 2008-09 Garbage and Recyclables Collection Service Charges Report in County Service Area No. 8 (North Fair Oaks),

RECOMMENDATION:

Adopt a resolution setting August 5th at 9:15 a.m. as the time and place for a public hearing to consider the adoption of the FY 2008/09 Garbage and Recyclables Collection Charges Report for County Service Area No. 8 (North Fair Oaks).

VISION ALIGNMENT:

Commitment: Responsive, effective and collaborative government.

Goal 21: County employees understand, support and integrate the County vision and goals into their delivery of services.

Setting the Public Hearing for the 2008/09 Garbage and Recyclables Collection Charges Report will allow the County to collect fees for services for the continued provision of garbage and recycling collection in the North Fair Oaks area.

BACKGROUND:

Government Code section 25210.77a provides that a county may adopt an ordinance providing a process to fix and collect charges for a particular extended service in any county service area, and that the revenue obtained thereby may be in lieu of, or supplemental to, revenue obtained by the levy of taxes. Any county which does so, may collect such charges on the tax roll in the same manner and at the same time as its general property taxes. Once a year the board of supervisors must receive a written report which shall contain a description of each parcel of real property receiving the particular extended service and the amount of the charge for each parcel for such year computed in conformity with the procedure set forth in the ordinance authorizing collection of such charges on the tax roll. Such report shall be filed with the clerk of the board of supervisors. Upon the filing of such report, the clerk shall fix a time, date, and place for hearing thereon and for filing objections or protests thereto. The clerk shall publish notice of such hearing as provided in a newspaper of general circulation printed and published in the county. At the time, date, and place stated in the notice, the board of supervisors shall hear and consider all objections or protests, if any, to the report. Upon conclusion of the hearing, the board of supervisors may adopt, revise, change, reduce, or modify any charge and shall make its determination upon each charge as described in the report and thereafter, by resolution, shall confirm the report. Thereafter, the charges set forth in the report, as confirmed, shall appear as a separate item on the tax bill. Ordinance Code sections 4.04.170 to 4.04.320 provide for this procedure in CSA 8.

PREVIOUS BOARD ACTION:

On May 22, 2007 the Board held a public hearing and adopted Resolution 068737 setting the FY 2007/08 and FY 2008/09 Garbage and Recyclables Collection Rates in CSA-8. .

HISTORY:

CSA-8 provides garbage and recyclables collection service in the North Fair Oaks area through a franchise agreement with Allied Waste Services (AWS). The County generates the revenue to pay AWS by charging fees based on pick-up units for each affected parcel that meets the criteria outlined in County Ordinance Code section 4.04.180. These fees are defined and adopted each fiscal year in the “Garbage and Recyclables Collection Service Charges Report for County Service Area No. 8 (North Fair Oaks)”, and placed on the tax roll. All other commercial and industrial properties that are not placed on the County tax roll are billed directly by AWS.

The adoption of the “2008/09 Garbage and Recyclables Collection Charges Report” and filing with the Clerk of the Board will result in the user charges contained therein being placed on the tax roll. These charges will appear on the 2008/09 tax bill of each affected property and will be collected in the same manner as the property tax.

The County Ordinance Code requires your Board to hold a public hearing to consider public testimony prior to adopting the annual Garbage and Recyclables Collection Service Charges Report in County Service Area No. 8 (North Fair Oaks). The recommended action, the setting of a public hearing on the user charge report, is the procedural first step. After the close of the public hearing, the Board may adopt the individual charges as presented, or revise, change, reduce or modify any charge in the report.

A resolution has been approved as to form by County Counsel.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action of setting a public hearing.