Title
a. Discuss and update the Board on matters related to assessments for delinquent fees from Waste Management, Inc. DBA Carmel Marina Corporation for solid waste hauling fees; and
b. 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” (attached hereto), allowing for any revisions/reductions following conclusion of the dispute resolution process; and
c. Authorize the delinquent solid waste hauling fees, as set forth in the confirmed report and following conclusion of the dispute resolution process, 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
d. Authorize the Clerk of the Board to file a certified copy of the report with the Auditor-Controller; and
e. Provide direction as needed.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Discuss and update the Board on matters related to assessments for delinquent fees from Waste Management, Inc. DBA Carmel Marina Corporation for solid waste hauling fees; and
b. 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”, allowing for any revisions/reductions following conclusion of the dispute resolution process; and
c. Authorize the delinquent solid waste hauling fees, as set forth in the confirmed report and following conclusion of the dispute resolution process, 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
d. Authorize the Clerk of the Board to file a certified copy of the report with the Auditor-Controller; and
e. Provide direction as needed.
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.
On July 1, 2025, the County conducted the public hearing to receive comments, objections, and testimony. Following that hearing, the Board requested that the item return for this July 8 meeting, for staff to extend the July 10 deadline for delinquent accounts to submit appeals and contest invoices (it has been extended to July 25), to provide clarification on the dispute resolution/appeal process, and to provide additional information regarding the assessment process.
As will be explained in greater detail at the meeting, staff have extended the deadline for appeals to July 25, will share the details of the dispute resolution process, and will provide further information as requested by the Board.
OTHER AGENCY INVOLVEMENT:
Waste Management, the Office of County Counsel, the Office of the Auditor-Controller, and the Assessor have been involved.
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
Report of 2023-2024 Delinquent Accounts