Title
Environmental Management Department recommending the Board receive and file the Annual Written Report of Benefit Assessments/Service Charges for County Service Area 10 Waste Management Fees.
FUNDING: County Service Area 10 Waste Management Fees. (100%)
Body
DISCUSSION / BACKGROUND
Title 3, Division 2, Part 2, Chapter 2.5 of the Government code, also known as “County Service Area Law," contains the regulations for establishing and governing county service areas. The County is authorized to form Zones of Benefit within a County Service Area. County Service Area 10 was formed in 1988 to provide certain services within the incorporated and unincorporated areas of the County, including household hazardous waste, solid waste, and liquid waste management. The City Councils of the City of Placerville and the City of South Lake Tahoe each consented, by Resolution, to be included in CSA 10.
The lands included in CSA 10 are subject to fees assigned for specific waste management services. The fees are assigned to improved parcels of land where the assessed value of the improvement is $10,000 or greater. Household hazardous waste and solid waste management fees are based on the use of the land and the volume of waste occurring from the use, described as an Equivalent Dwelling Unit (EDU). Liquid waste management fees are not subject to the EDU multiplier. A detailed description of the property uses and EDUs used to calculate the fees is included as Exhibit A of the attached Resolution.
All of the proposed benefit assessments/service charges are a continuation of the pre-existing benefit assessments/service charges that have been in place and collected prior to the effective date of Proposition 218 which was approved by the voters in November, 1996. The continued assessments are not subject to a vote. County Counsel has previously determined that, so long as they are not increased and there is no change to the methodology by which the amounts are calculated, these assessments/service charges are exempt from the procedures and approval process of Article XIIID of the California Constitution, under Section f(a) of the Article. Any increase in any assessment or service charge will be subject to the appropriate vote requirement or procedure to adopt that increase.
Under Chapter 3.30 of the County Ordinance Code, Environmental Management must annually prepare and submit to the Board of Supervisors a written report on the Zones of Benefit within the County Service Areas. That report must 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 this chapter authorizing collection of such charges on the tax roll. The attached report is prepared in compliance with Section 3.30.020 of the County Ordinance Code.
A thorough review of prior years revealed several possible directions on how, and if, to charge and process mobile homes, Forest Service cabins, and timeshares. After extensive research and review with County Counsel, an accurate understanding and direction for moving forward will be used. Mobile homes sold new after July 1, 1980, are considered fixed structures and will therefore be assessed. Forest Service cabins will not be charged. Timeshare methodology will remain the same with either parent parcels receiving the assessment, or individual parcels assessed at the accurate use percentage.
ALTERNATIVES
The Board may determine not receive the Annual Report and authorize collection of the benefit assessments/service charges for Fiscal Year (FY) 2025-26. This would leave the zone with insufficient funding for programs and uses such as:
• West Slope Solid Waste and Litter Abatement Program;
• State-mandated maintenance and monitoring of the Union Mine Landfill;
• Implementation and Maintenance of the Integrated Waste Management Plan Required under AB 939;
• Implementation of the Solid Waste Program under AB 341;
• Operational Overhead Costs of the Union Mine Wastewater Treatment Facility; and
• Clean Tahoe Program Pursuant to Agreement 520-F151, or successor Agreement.
Any new, increased, or replacement benefit assessment or special tax is subject to landowner or registered voter approval through statutory proceedings.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
City of Placerville
City of South Lake Tahoe
Clean Tahoe Program
County Counsel
CAO RECOMMENDATION / COMMENTS
Receive and file as recommended.
FINANCIAL IMPACT
Without adoption of the proposed fees, current waste management programs will incur a severe deficit. There is no Net County Cost associated with this item.
Estimated Revenue
Direct Charge Code Fee Description Projected Revenue FY2526
73292 Solid Waste $1,488,593.10
73293 Liquid Waste (Septage) $474,615.00
73294 Household Hazardous Waste $358,867.80
73295 SLT AB 939 $67,743.30
73299 Litter Abatement $56,731.20
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
Infrastructure, Public Safety
CONTACT
Jeffrey Warren, REHS, Director
Environmental Management Department