Title
Conduct a Public Hearing to Collect Delinquent Fees for Solid Waste Collection and:
a. Hear any objections or protests of landowners liable to be assessed for delinquent fees, as indicated on the report of delinquent fees from Waste Management, Inc. DBA Carmel Marina Corporation for solid waste hauling fees in the amount of $1,941,822.75 (Attachment A); and
b. Make revisions or corrections to the report as the Board of Supervisors deems just, and to thereafter; and
c. Adopt a resolution to:
i. Confirm the report of delinquent solid waste hauling fees for the unincorporated area as identified in the “Report of 2023-2024 Delinquent Waste Hauling Fees in the Unincorporated Area”; and
ii. Authorize the delinquent solid waste hauling fees, as set forth in the confirmed report, to constitute special assessments against the respective parcels of land to be collected at the same time and in the same manner as ordinary County ad valorem property taxes are collected; and
iii. Authorize the Clerk of the Board to file a certified copy of the report with the Auditor-Controller.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Conduct a Public Hearing to Collect Delinquent Fees for Solid Waste Collection and:
a. Hear any objections or protests of landowners liable to be assessed for delinquent fees, as indicated on the report of delinquent fees from Waste Management, Inc. DBA Carmel Marina Corporation for solid waste hauling fees in the amount of $1,941,822.75 (Attachment A); and
b. Make revisions or corrections to the report as the Board of Supervisors deems just, and to thereafter; and
c. Adopt a resolution to:
i. Confirm the report of delinquent solid waste hauling fees for the unincorporated area as identified in the “Report of 2023-2024 Delinquent Waste Hauling Fees in the Unincorporated Area”; and
ii. Authorize the delinquent solid waste hauling fees, as set forth in the confirmed report, to constitute special assessments against the respective parcels of land to be collected at the same time and in the same manner as ordinary County ad valorem property taxes are collected; and
iii. Authorize the Clerk of the Board to file a certified copy of the report with the Auditor-Controller.
SUMMARY/DISCUSSION:
On December 3, 2024, the Monterey County Board of Supervisors approved a new Unified Franchise Agreement (UFA) with Waste Management, DBA Carmel Marina Corporation, for waste hauling services in the unincorporated areas of the County. A key component of the new agreement was to remove bad debt attributed to delinquent accounts from being included in the rate structure and to instead utilize a special assessment against the property to collect those unpaid amounts.
Notices of delinquent accounts requesting payment were mailed by Waste Management to account holders, as well as property owners of record, in January, February, March and April of 2025. The notices included the amount past due, payment options, the contact information for Waste Management, and a payment deadline of June 1, 2025. In compliance with the ten-day noticing requirement under Government Code section 25831, a Notice of Public Hearing was sent to all parcel owners on June 9, 2025.
Despite these multiple billing notices by Waste Management, a total of 1,419 parcel accounts remain unpaid, with the balance totaling $1,941,822.75.
Accordingly, the delinquent accounts, identified in Attachment A, are being referred to the Board of Supervisors to conduct a hearing, consider objections or protests, make revisions or corrections to the report, and thereafter confirm the report and refer the accounts listed therein for assessment on the County’s tax roll.
This work supports the County of Monterey Health Department 2025-2028 Strategic Plan Goal 1. Build Community Power and Partners’ Capacity to Increase Equity and Improve Health.
It also supports the following of the ten essential public health services, specifically, 6., enforce laws and regulations that protect health and ensure safety.
OTHER AGENCY INVOLVEMENT:
Waste Management contributed the delinquent account data. The Office of County Counsel has reviewed this report as to form. The Offices of the Auditor-Controller and Assessor provided procedural input.
FINANCING:
Any incidental costs are funded through the Environmental Health Bureau’s FY2024-25 Adopted Budget. There is no General Fund Contribution resulting from this Board action. Waste Management will continue to remit franchise fees, calculated at ten percent (10%) of collected revenue, to the General Fund as outlined in the UFA section 11.16.1 Franchise Fee.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
Check the related Board of Supervisors Strategic Initiatives:
☐ Economic Development:
• Through collaboration, strengthen economic development to ensure a diversified and healthy economy.
☐ Administration:
• Promote an organization that practices efficient and effective resource management and is recognized for responsiveness, strong customer orientation, accountability and transparency.
☐ Health & Human Services:
• Improve health and quality of life through County supported policies, programs, and services; promoting access to equitable opportunities for healthy choices and healthy environments in collaboration with communities.
☒ Infrastructure:
• Plan and develop a sustainable, physical infrastructure that improves the quality of life for County residents and supports economic development results.
☐ Public Safety:
• Create a safe environment for people to achieve their potential, leading businesses and communities to thrive and grow by reducing violent crimes as well as crimes in general.
Prepared by: Robin Kimball, MA III, 796-1297
Approved by: Elsa Jimenez, Director of Health Services, 755-4526
Attachments:
Board Report
Resolution
Report of 2023-2024 Delinquent Accounts