COUNCIL AGENDA: 8/8/23
FILE NO: 23-996
ITEM: 3.5
TO: HONORABLE MAYOR FROM: Rick Bruneau
AND CITY COUNCIL
SUBJECT: SEE BELOW DATE: July 17, 2023
Approved Date
7/24/23
SUBJECT: PUBLIC HEARING FOR THE FISCAL YEAR 2023-2024 ANNUAL
RESIDENTIAL SOLID WASTE COLLECTION SERVICE CHARGES TO BE PLACED ON THE 2023-2024 SANTA CLARA COUNTY SECURED PROPERTY
TAX ROLL
RECOMMENDATION
(a) Conduct a public hearing on the Fiscal Year 2023-2024 annual report prepared by the Director of Finance detailing the Residential Solid Waste Collection Service Charges filed with the City Clerk’s Office.
(b) Adopt a resolution confirming the approval of the report and the placement of charges as set forth therein on the 2023-2024 Santa Clara County Secured Property Tax Roll, with such modifications the City Council may make based on public hearing testimony.
SUMMARY AND OUTCOME
Conducting the public hearing and adopting the recommended resolution will allow the City of San José (City) to place Residential Solid Waste Collection Service Charges on the 2023-2024 Santa Clara County (County) Secured Property Tax Roll for the billing and collection of approximately $152 million in revenue to cover costs related to the City’s Solid Waste Collection Services Program.
BACKGROUND
On September 17, 2013, the City Council approved a service delivery strategy to collect Residential Garbage and Recycling payments for garbage and recycling services for single family residential households within the City through the County Secured Property Tax Roll. Subsequently on May 5, 2015, Ordinance No. 29562 was passed by the City Council amending Chapter 9.10 of the San José Municipal Code to allow for the billing and collection of fees for Solid Waste Collection Service.
On June 6, 2023, the City Council adopted Resolution 2023-198 1 to establish the Fiscal Year 2023-2024
Residential Solid Waste Collection Service Charges and set rates for Fiscal Year 2023-2024.
1 https://records.sanjoseca.gov/Resolutions/RES2023-198.pdf
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: Public Hearing for the Fiscal Year 2023-2024 Annual Residential Solid Waste Collection Service Charges
Section 9.10.1202, subdivision B of the San José Municipal Code requires the following:
“at least fifteen days in advance of the last city council meeting before the city is required to provide the Santa Clara County Tax Assessor with the amount of the solid waste collection service charges for the purpose of placing the solid waste collection services charges on the tax roll, the Director of Finance is hereby directed to prepare and file with the city clerk a written report describing all parcels served by the solid waste collection system for which solid waste collection service charges are to be billed and collected on the tax roll, and the amount of the solid waste collection service charges for each such parcel for the forthcoming fiscal year, computed in conformity with the provisions of this part and the council resolution establishing the solid waste collection service charges for the forthcoming fiscal year.”
These charges will appear as a single line item entitled “GARBAGE SVC-CURRENT” on each County Secured Property Tax bill and is collected by the County Tax Collector. Pursuant to an agreement between the City and the County, the County will remit 100 percent of the charges placed on the County Secured Property Tax Roll back to the City in two payments, typically in January and June, less a one percent administration fee for this service deducted from the first payment remitted to the City.
ANALYSIS
The Director of Finance’s written report for Fiscal Year 2023-2024 was submitted to the City Clerk’s Office on July 13, 2023. This report includes charges totaling approximately $152 million and covers approximately 198,000 parcels. On June 6, 2023, the City Council adopted Resolution 2023-169 2 to set
the Public Hearing for August 8, 2023 at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Hall Council Chambers. The City Clerk will publish public notices in accordance with Section
9.10.1202 of the San José Municipal Code.
The Director of Finance recommends the City Council conduct a public hearing and adopt a resolution to approve placement of the Residential Solid Waste Collection Service Charges on the 2023-2024 County Secured Property Tax Roll.
EVALUATION AND FOLLOW-UP
Upon acceptance of this recommendation, staff will place the Fiscal Year 2023-2024 Residential Solid Waste Collection Service Charges, as detailed above, on the 2023-2024 County Secured Property Tax Roll, with such modifications, if any, the City Council may make based on public hearing testimony scheduled to be heard on August 8, 2023.
COST SUMMARY/IMPLICATIONS
This action will result in the placement of Fiscal Year 2023-2024 Residential Solid Waste Collection Service Charges of approximately $152 million on the 2023-2024 County Secured Property Tax Roll.
2 https://records.sanjoseca.gov/Resolutions/RES2023-169.pdf
HONORABLE MAYOR AND CITY COUNCIL
July 17, 2023
Subject: Public Hearing for the Fiscal Year 2023-2024 Annual Residential Solid Waste Collection Service Charges
Revenues received from these charges have been allocated by the City Council to various allowable City functions as part of the 2023-2024 Adopted Budget.
COORDINATION
This memorandum has been coordinated with the City Attorney’s Office, City Clerk’s Office, City Manager’s Budget Office, and the Environmental Services Department.
PUBLIC OUTREACH
Per the adoption of Resolution 2023-169, the City Clerk’s Office will publish the notice of the time and place of the public hearing as required by Section 9.10.1204 of the San José Municipal Code. In addition, this memorandum will be posted on the City’s Council Agenda website for the August 8, 2023 City Council meeting.
COMMISSION RECOMMENDATION AND INPUT
No commission recommendation or input is associated with this action.
CEQA
Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. .
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution.
/s/
RICK BRUNEAU
Director of Finance
For questions, please contact John Kachmanian, Deputy Director of Finance – Revenue Management, via email at [email protected] or via phone at (408) 535-7034.