Rescind resolution adopted on July 23, 2024 (Resolution No. 24-98) approving an increase in water and sewer rates for the Wild Wings County Service Area; and, adopt instead the alternative resolution reflecting a majority protest existed in the Proposition 218 proceeding. (No general fund impact) (Lindbo/Pavlova)

On July 23, 2024, the Board of Supervisors held a public hearing on the proposed increases for water and wastewater (sewer) rates for the Wild Wings County Service Area (CSA), pursuant to Proposition 218.  After the close of the public hearing, the Clerk of the Board and Elections staff members counted and tabulated the protests received.  After the count and tabulation were completed, the Clerk of the Board reported the results to the Board of Supervisors as follows:

The majority protest threshold was 170 valid written protests, and the reported 152 valid protests did not meet this threshold.  As a result, the Board of Supervisors adopted Resolution No. 24-98 (Attachment A) approving the revised water and wastewater service rates for the Wild Wings CSA and requesting the continued collection of these charges on the fiscal year 2024-2025 property tax roll, and further setting the fiscal year 2024-2025 Wild Wings golf course special tax (Measure O) and requesting continued collection of the special tax on the fiscal year 2024-2025 property tax roll. 

On or about August 8, 2024, while preparing the July 23, 2024 minute order packet, County staff discovered there may have been a tabulation error in the calculation of valid written protests received prior to the close of the July 23, 2024 public hearing.  In order to assess whether a tabulation error occurred, the Clerk of the Board and Elections staff conducted a recount and re-tabulation on August 9, 2024.  Internal Audit staff, the CSA Manager, and the Chief Assistant Director of Community Services were also present and observed the proceedings.  The re-tabulation results were:

The 188 valid protests received prior to the close of the public hearing on July 23, 2024 exceeded the majority protest threshold of 170 valid protests.  Pursuant to Proposition 218, therefore, the proposed water and wastewater rate adjustments did not pass. 

County staff therefore recommends the Board of Supervisors rescind the previously adopted July 23, 2024 resolution (Attachment A), and to instead adopt the alternative resolution (Attachment B) reflecting that a majority protest existed and continuing to levy water and wastewater charges pursuant to the approved 2018 Proposition 218 schedule set forth in Resolution No. 18-76, as well as continuing to collect the annual arsenic charge and Measure O golf course special tax. County staff are further working on reviewing and considering updates to the Proposition 218 procedures to strengthen the tabulation process going forward.

A letter explaining the tabulation error and recount was emailed to the Wild Wings CSA Advisory Committee, and mailed to the Wild Wings community, on August 15, 2024 (Att. C).

Not applicable.