RESOURCE MANAGEMENT AGENCY - J. GUERTIN

Public hearing to adopt a Resolution to approve maximum allowable solid waste collection rates.

SBC FILE NUMBER: 142

RESOLUTION NO: 2018-73

The proposed maximum allowable solid waste rates were determined through a competitive procurement process for a new Franchise Agreement that was awarded to Recology San Benito County at the June 12, 2018 Board meeting. The June 12^th Board action also approved the issuance of a Proposition 218 notice to be sent to San Benito County unincorporated property owners notifying them of the proposed maximum allowable solid waste rates and of the public hearing set for October 9, 2018. The Proposition 218 notice was mailed on August 1^st and is Attachment 1 to this staff report. The new Franchise Agreement with Recology San Benito County commences November 1, 2018. The Proposition 218 noticing process is intended to provide rate payers advance notice and an opportunity to file a formal protest regarding the potential new solid waste rates. At the time of the writing of this staff report (40) protests have been received. While the courts have not yet ruled that Proposition 218 applies to solid waste collection rates, in an abundance of caution, the County followed the “majority protest” proceedings set forth in Proposition 218. Statements of protest will be accepted through the public hearing on October 9, 2018. At the end of the public hearing, the Clerk of the Board will tally and report the qualifying written protests. The Board of Supervisors will then certify that the written protests in opposition to the new solid waste collection rates meets or does not meet the 50 percent protest threshold which is 2,581 written protests.

In accordance with Article XIIID, Section 6, of the California Constitution, a "majority protest" exists if written protests against the proposed fee or charge are presented by a majority of owners of the identified parcels". If a majority protest is not received, the Board of Supervisors may then approve adoption of the maximum allowable solid waste collection rates. If a majority protest is received, the Board of Supervisors cannot increase the rates, and the rates will remain unchanged. The proposed new rates will pay for the collection and disposal of garbage; collection and processing of all recyclable items, yard waste, and food scraps; seasonal recycling programs; and public education activities to meet state regulatory requirements. These services are available to County residents and commercial businesses. The rates are established to increase recycling and composting to meet state mandates and divert materials from disposal in the landfill. The maximum allowable solid waste rates can be found in Attachment 2.

Attachment 1: Proposition 218 Notice Sent to Property Owners in San Benito County Unincorporated

Attachment 2: Maximum Allowable Solid Waste Collection Rates

Resolution 2018-XXX

It is recommended that the Board of Supervisors:

 Adopt Resolution, approving the maximum allowable solid waste collection rates effective November 1, 2018 to June 30, 2019 and authorize the Chair to sign the Resolution.