RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION ADOPTING THE GARBAGE AND RECYCLABLES COLLECTION RATES FOR THE UNINCORPORATED FRANCHISED AREAS WITHIN THE SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY SERVICE AREA, EXCLUSIVE OF COUNTY SERVICE AREA NO. 8 (NORTH FAIR OAKS) AND WEST BAY SANITARY DISTRICT

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, on October 20, 2009, this Board adopted Resolution No. 070423 which approved a new Franchise Agreement with Recology San Mateo County (RSMC) to provide services for the collection of recyclable materials, organic materials, and solid waste in CSA-8, and in the Unincorporated Franchised Area within the South Bayside Waste Management Authority (SBWMA) service area (Burlingame to Menlo Park), exclusive of CSA-8 and West Bay Sanitary District (the “County Franchised Area”) from January 1, 2011 through December 31, 2020; and

WHEREAS, the County Franchised Area is comprised of the following communities: Burlingame Hills, San Mateo Highlands and Baywood Park [Crystal Springs area], Harbor Industrial, Devonshire Canyon, Palomar Park, Oak Knoll, Kensington Square, Emerald Lake Hills, Sequoia Tract, Peninsula Golf Club, and Trailer Ranchero; and

WHEREAS, RSMC will begin service in the SBWMA service area on January 1, 2011; and

WHEREAS, the County has not previously set garbage and recyclables collection rates (rates) in the County Franchised Area as these areas were not previously covered by a franchise agreement; and

WHEREAS, rates for this area must be established before RSMC begins providing collection service on January 1, 2011; and

WHEREAS, the Director of Public Works has recommended garbage and recyclables collection rates in Exhibit “A”, and

WHEREAS, on October 19, 2010, this Board adopted Resolution No. 071108 which set December 7, 2010 at 9:00 a.m. as the fixed time and place of a public hearing on garbage and recyclables collection rates for the County Franchised Area and directed the Director of Public Works to publish a notice of the public hearing in a newspaper of general circulation and send a written notice of the proposed garbage and recyclables collection rates to the record owner of each parcel within the County Franchised Area; and

WHEREAS, the Constitution of the State of California requires that written notice of any proposed new or increased property related charges be provided by mail to the record owners of each parcel upon which the charges are proposed for imposition; and

WHEREAS, the Director of Public Works has had said notice of the public hearing published in a newspaper of general circulation and provided written notice of the proposed rates to the record owner of each parcel within the County Franchised Area in accordance with the requirements of Proposition 218; and

WHEREAS, the Franchise Agreement with RSMC included Unscheduled Service fees (Attachment Q of the Franchise Agreement) that are for additional services that are specifically requested and paid for by the ratepayer, in addition to the basic collection service and charges; and

WHEREAS, the Unscheduled Service fees, attached as Exhibit “B”, are not part of the garbage and recyclables collection rates, as they are fees for additional ratepayer requested services, were approved at the time the Franchise Agreement was executed by the County, and are not property related charges subject to Proposition 218; and

WHEREAS, the Board heard and considered all protests and objections to said garbage and recyclable collection rates, has determined that a majority protest does not exist, and has determined the said rates should be adopted.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED as follows:

Effective January 1, 2011, the garbage and recyclables collection rates for service provided pursuant to the Franchise Agreement for the County Franchised Area are as set forth in Exhibit “A” to this Resolution, which is attached hereto and incorporated by reference.

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