COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

April 10, 2009

BOARD MEETING DATE:

April 28, 2008

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

James C. Porter, Director of Public Works

SUBJECT:

Executive Summary - Proposed FY 2009/2010, FY 2010/2011 Garbage and Recyclables Collection Rate Increase for County Service Area No. 8 (North Fair Oaks)

RECOMMENDATION:

Adopt a resolution:

1.

Setting June 16, 2009, 9:15 a.m., at your regularly scheduled Board meeting, as the time and place for a public hearing on the proposed garbage and recyclables collection rates in County Service Area No. 8 (North Fair Oaks).

2.

Directing the Director of Public Works to send a notice of the proposed collection rate increase to each property owner in the County Service Areas No. 8.

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.

Adoption of the resolution contributes to this commitment and goal by continuing the public process for setting the garbage and recycling collection rates.

BACKGROUND:

PREVIOUS BOARD ACTION

Adopted an ordinance that garbage and recyclables collection charges be collected together with the property taxes per County Ordinance Code 4.04.300, Collection.

Adopted the current garbage and recyclables collection user charge for CSA-8 on August 12, 2008. The current minimum user charge is set at $20.93 per month, per pick-up unit, per dwelling.

HISTORY

CSA-8 provides garbage and recyclables collection service in the North Fair Oaks area through a franchise agreement with Allied Waste (AW). The County generates the revenue to pay AW by charging each affected parcel that meets the criteria for County Ordinance Code 4.04.180 a minimum rate fee based upon pick-up units. All other commercial and industrial properties that are not placed on the County tax roll are billed directly by the franchised hauler using the fee structure as recommended in Exhibit “A” and Exhibit “B”.

The South Bayside Waste Management Authority (SBWMA) report “Review of Allied -San Mateo’s Refuse, Recyclable, and Plant Materials Collection Rate Application For 2009” identified a revenue shortfall for both FY 2009/2010 and FY 2010/2011 under the current rate structure. Staff recommends a 6.1% increase in fees for the FY 2009/2010 and a second rate increase of 5.9% for FY 2010/2011 to zero out the balancing account with Allied Waste.

DISCUSSION:

For service charges to be collected on the tax roll per County Ordinance Code 4.04.300 Collection, it is necessary for your board to take the following actions by July 31, 2009:

1.

Adopt the resolution of the proposed collection rates
(Exhibits “A” and “B”).

2.

Hold a public hearing and receive testimony on the proposed rates.

Article XIIC and XIID of the State Constitution (Proposition 218), requires notices be sent to property owners alerting them of the public hearing to consider any new or increased property related fees. Staff’s public outreach plan to address Article X11C and X11D is summarized in the following steps: 1) Conduct two public presentations with the North Fair Oaks Community Council, 2) send a mailing to each Assessor’s Parcel in CSA-8 advising the property owners of the proposed rate increase and the right to protest.

If there is a successful majority protest, the Board would be prevented from raising the rates.

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.

There is no impact to the General Fund.

Attachments:

Exhibit “A” and Exhibit “B”