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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
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Department of Public Works
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DATE:
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June 1, 2009
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BOARD MEETING DATE:
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June 16, 2009
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SPECIAL NOTICE/HEARING:
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Complied with Required Notification
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VOTE REQUIRED:
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Majority
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TO:
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Honorable Board of Supervisors
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FROM:
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James C. Porter, Director of Public Works
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SUBJECT:
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Adoption of the Garbage and Recyclables Collection Rates in County Service Area No. 8 (North Fair Oaks)
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RECOMMENDATION:
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Acting as the governing board of County Service Area No. 8 adopt a resolution adopting the Garbage and Recyclables Collection Rates for County Service Area No. 8 (North Fair Oaks) for the 2009-10 and 2010-11 years.
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VISION ALIGNMENT:
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Commitment: Responsive, effective and collaborative government.
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Goal 21: County employees understand, support and integrate the County vision and goals into their delivery of services.
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Adoption of this resolution contributes to this commitment and goal by completing the public process for setting the garbage and recyclables collection rates.
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BACKGROUND:
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PREVIOUS BOARD ACTION
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On April 28, 2009, your Board adopted Resolution No. 070069 setting June 16, 2009, at 9:15 a.m. in your board chambers, as the time and place of a public hearing regarding the adoption of the proposed garbage and recyclables collection rates for the 2009-10 and 2010-11 years. The background and the explanation for the rate increase is explained in the April 28, 2009 Board report.
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DISCUSSION:
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The proposed rate adjustments are necessary to be able to meet the anticipated financial obligations of County Service Area No. 8.
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The Department complied with the public outreach and process outlined in the April 28, 2009 Board Report by completing the following:
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1.
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Two presentations were made to the North Fair Oaks Community Council, and all issues raised by the Council concerning the rate increases were appropriately addressed at the meetings and,
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2.
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Articles X11C and X11D of the State Constitution (Proposition 218), require that a notice be sent to property owners alerting them of the public hearing to consider any new or increased property related fees. In compliance with the law each property owner was sent via mail on April 28, 2009, information in English and Spanish about the proposed rates, the date and time of the public hearing, and the process for rejecting the fees via a “majority protest” at the public hearing.
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At the time this report was prepared, the Department had received four written protests on the proposed garbage and recyclables collection rates. We will report to your Board on any written protests that are received up to and including the date and time of the public hearing.
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The Process for Adopting the Garbage and Recyclables Collection Rates:
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1.
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Hold a public hearing and receive testimony on garbage and recyclables collection rates in County Service Area No. 8.
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2.
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After considering all written and oral objections to the rate increase, close the public hearing and determine if there is a majority protest to the proposed garbage and recyclables collection rates.
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3.
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If there is a majority protest, terminate the consideration of imposing a rate increase, and set the garbage and recyclables collection rate for 2009-2010 at the same rate in effect for 2008-09.
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4.
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If there is not a successful majority protest, adopt the resolution and set the garbage and recycling collection rates for 2009-10 and 2010-11 and apply the rates per County Ordinance Code 4.04.180.
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County Ordinance Code 4.04.180 has established the minimum service levels for properties in County Service Area No. 8. Properties that comply with the minimum service levels receive annual charges levied on their tax bill. Residential properties that receive service in excess of the minimum service levels are billed for the additional service directly by the contracted garbage and recycling company authorized by the Board and at the effective rates established by the Board. Additionally, the contracted garbage and recycling company bills all commercial properties for garbage collection services directly in accordance with the effective rates.
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All properties in County Service Area No. 8 will be subject to the new rates as shown in Exhibit "A", effective July 1, 2009. The rates in Exhibit "B" will be effective on January 1, 2010 and will apply to commercial properties, dwelling units that did not receive a charge for garbage and recycling on their tax bill, or properties that receive garbage service above the minimum service levels set by the Ordinance. All properties that are subject to the minimum level of service for which the charges are levied on their property tax bill will be subject to the rates shown in Exhibit “B” for the 2010-2011 year.
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The Resolution has been approved as to form by County Counsel.
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FISCAL IMPACT:
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There is no direct impact to the General Fund. If the new rates are not adopted, the identified revenue shortfall to provide Garbage and Recyclables collection in North Fair Oaks by Republic Services will accrue with interest as a debt for County Service Area No. 8 (North Fair Oaks). This debt for garbage and recyclables collection to Republic Services must be paid in full by December 2010, which is the current expiration date of the existing franchise agreement.
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Attachments:
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Exhibit “A” – Rates in County Service Area No. 8 (North Fair Oaks) for Solid Waste Collection Service provided by Republic Services Effective July 1, 2009
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Exhibit “B” – Rates in County Service Area No. 8 (North Fair Oaks) for Solid Waste Collection Service provided by Republic Services Effective January 1, 2010
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