HomeMy WebLinkAboutItem 5d. Authorize Collection of Delinquent Solid Waste Collection and Disposal Accounts Item 5d
Department: Utilities
Cost Center: 6107
For Agenda of: 6/21/2022
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Jordan Lane, Solid Waste & Recycling Coordinator; Rebecca Bernstorff,
Business Services and Administrative Manager
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 com pleted the actions established within the
Municipal Code, the City will adopt a resolution authorizing the San Luis Obispo
County Assessor to assess amounts due on delinquent accounts as liens against
the properties.
San Luis Garbage Company has taken th e actions prescribed in the Municipal Code to
collect delinquent solid waste collection and disposal 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 5d
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 California Environmental Quality Act does not apply to the recommended action in
this report because the action does not constitute a “Project” under CEQA Guidelines
sec. 15378.
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.
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Item 5d
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 51 of 814
Page 52 of 814
R _______
RESOLUTION NO. _______ (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL 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 accounts as established and certified by franchisee San Luis
Garbage Company as liens against the properties listed below.
Property Owner Parcel Number Property Address Amount
HILLVIEW CARSON CITY
LLC C/O KIM ZANKICH 052-091-014 1218 BOND ST $606.26
TIM & MARY RILEY
FAMILY TRUST 052-033-075 491 N CHORRO ST $491.26
OKUMURA, DANIEL 003-538-007 871 BUCHON ST $405.82
YANG, CHIN 053-514-013 1789 SINGLETREE CT $377.44
LITTLEJOHN, DOUGLAS 002-334-006 1343 HIGUERA ST $363.24
SNYDER, CHARLES 053-182-029 3191 S HIGUERA ST $350.00
SNYDER, CHARLES 003-645-008 1815 CHORRO ST $248.22
WEST PARK
PROPERTIES LLC 003-514-023 570 PACIFIC ST $204.00
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Resolution No. _______ (2022 Series) Page 2
Property Owner Parcel Number Property Address Amount
DANA WINDES (TE) C/O
GEORGINA WALTERS 053-300-020 1286 CHAPARRAL CIR $140.38
RETTING, ROBERT 053-262-025 25 LOS VERDES DR $96.38
Upon motion of _______________________, seconded by
_______________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of ______________ 2022.
__________________________
Mayor Erica A. Stewart
ATTEST:
_________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
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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