HomeMy WebLinkAboutItem 5c. Collection of Delinquent Solid Waste Collection and Disposal Accounts Item 5c
Department: Utilities
Cost Center: 6107
For Agenda of: 7/6/2021
Placement: Consent
Estimated Time: n/a
FROM: Aaron Floyd, Utilities Director
Prepared By: Jordan Lane, Solid Waste & Recycling Coordinator
SUBJECT: COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND
DISPOSAL ACCOUNTS
RECOMMENDATION
Adopt a Resolution entitled, “A Resolution of the City of San Luis Obispo, California,
authorizing the San Luis Obispo County Assessor to assess amounts due on delinquent
Solid Waste Collection and Disposal Accounts as liens against the properties.”
DISCUSSION
Background
Based on the need to protect public health and safety, the Municip al Code establishes
that occupants of all developed properties within the City benefit from regular periodic
collection of solid waste. Section 8.04.070 of the Municipal Code states:
1. That all developed properties in the City must use the solid waste collection and
disposal service provided by the City's franchisee.
2. That the franchisee is responsible for collecting all fees for the service.
3. That the owners of developed properties are ultimately responsible for paying for
the service.
4. That once each year the franchisee may take actions to collect from delinquent
solid waste collection and disposal accounts.
5. That, after the franchisee has completed the actions established within the
Municipal Code, the City will adopt a resolution autho rizing the San Luis Obispo
County Assessor to assess amounts due on delinquent accounts as liens against
the properties.
San Luis Garbage Company has taken the actions prescribed in the Municipal Code to
collect delinquent solid waste collection and disp osal accounts. In adherence to the
Municipal Code, San Luis Garbage Company has presented the City with a list of property
owners whose accounts were more than 120 days past due, has sent certified letters to
those property owners requesting payment, and after 30 days of receipt of delivery
certification for payment requests has presented the City with a final list of property
owners whose accounts are still past due.
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Item 5c
The resolution (Attachment A) authorizes the San Luis Obispo County Assessor to assess
the amounts due on delinquent accounts as liens against the properties.
Previous Council or Advisory Body Action
On an annual basis the City Council authorizes the collection of past due solid waste
collection and disposal accounts.
Public Engagement
San Luis Garbage Company has sent certified letters to past due property owners
requesting payment.
CONCURRENCE
The Finance Department concurs with the information in this report and the process used
for collecting past due amounts.
ENVIRONMENTAL REVIEW
The recommended actions are not a project as defined under the California
Environmental Quality Act.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund N/A
State
Federal
Fees
Other:
Total $
There is no direct fiscal impact to the City as the franchisee is responsible for collecting
all fees for solid waste and disposal. Administration of the franchise is accounted for in
the City’s Solid Waste & Recycling program, included in the two -year Financial Plan on
page 331.
Page 18 of 847
Item 5c
ALTERNATIVES
The City’s Municipal Code Section 8.04.070 provides a process for San Luis Obispo
Garbage Company to collect payment for delinquent solid waste collection and disposal
accounts. The City Council could choose not to approve the recommended action if it
believes San Luis Garbage Company has not taken the actions prescribed in the
Municipal Code. Based on the information provided to the City, staff has determined that
San Luis Garbage Company has taken the actions prescribed in the Municipal Code to
collect delinquent solid waste collection and disposal accounts.
ATTACHMENTS
A – Draft Resolution authorizing the collection of delinquent Solid Waste Collection and
Disposal Accounts
Page 19 of 847
Page 20 of 847
R _______
RESOLUTION NO. _______ (2021 SERIES)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA,
AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO
ASSESS AMOUNTS DUE ON DELINQUENT SOLID WASTE
COLLECTION AND DISPOSAL ACCOUNTS AS LIENS AGAINST THE
PROPERTIES
WHEREAS, Section 8.04.070 of the San Luis Obispo Municipal Code establishes
that all developed properties in the City must use the solid waste collection and disposal
service provided by the City's franchisee, that the franchisee is responsible for collecting
fees for their services, and that owners of developed properties are responsible for paying
for the service; and
WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by
which, once each year, the franchisee may take actions to collect fees from the owners of
developed properties which have delinquent solid waste collection and disposal accounts;
and
WHEREAS, the franchisee, San Luis Garbage Company, has taken the actions
required within Section 8.04.070 of the Municipal Code to collect fees from delinquent
accounts as certified by franchisee and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the San Luis Obispo County Assessor is hereby authorized to assess the
amounts due on delinquent solid waste collection and disposal accounts as established and
certified by franchisee San Luis Garbage Company as liens against the properties listed
below.
Page 21 of 847
Resolution No. _______ (2021 Series) Page 2
R ______
Property Owner Parcel Number Service Address Amount
BURCH, JERRY 004-784-010 2525 JOHNSON AVE $470.21
UNITED R/E HLDGS INC 052-192-002 128 CASA ST $496.98
WALTERS, GEORGINA 053-300-020 1286 CHAPARRAL CIR $400.06
THEULE, CHAD 052-392-002 255 CERRO ROMAULDO
AVE $367.31
POE, RICHARD G 004-781-076 2545 GRETA PL $222.96
STARK, DUANE & DIANE 003-641-004 671 CHURCH ST $178.87
RILEY, TIMOTHY &
MARYANN 003-616-011 1526 BEACH ST $168.13
ROGALLA, JOHN 004-704-002 3689 LAWNWOOD DR $150.46
Upon motion of Council Member _______________________, seconded by
Council Member _______________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _______ day of ________________ 2021.
______________________________
Mayor Heidi Harmon
ATTEST:
Teresa Purrington,
City Clerk
APPROVED:
J. Christine Dietrick,
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
________________________________
Teresa Purrington, City Clerk
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