HomeMy WebLinkAboutItem 5c. Collection of Delinquent Solid Waste Collection and Disposal Accounts Item 5c
Department: Utilities
Cost Center: 6107
For Agenda of: 6/20/2023
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Chris Lehman, Deputy Director – Wastewater
Meg Buckingham, Solid Waste and Recycling Manager
SUBJECT: COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND
DISPOSAL ACCOUNTS
RECOMMENDATION
Adopt a Draft 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 Municipal Code establishes
that occupants of all developed properties within the City must enroll in regular, periodic
collection of solid waste. Section 8.04.070 of the Municipal Code states:
1. All developed properties in the City must use the solid waste collection and
disposal service provided by the City's franchisee.
2. The franchisee is responsible for collecting all fees for the service.
3. The owners of developed properties are ultimately responsible for paying for the
service.
4. Once each year, the franchisee may take actions to collect from delinquent solid
waste collection and disposal accounts.
5. After the franchisee has completed 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 the 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 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 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
Fiscal Analysis:
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 and Recycling program, included in the two-year Financial Plan.
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Item 5c
ALTERNATIVES
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 and Amended and Restated Franchise Agreements. The City’s
Municipal Code Section 8.04.070 and Sections 6.3 and 7.3 of the Amended and Restated
Solid Waste and Recyclable Material Franchise Agreements between the City of San Luis
Obispo and San Luis Garbage Company provides a process for San Luis Garbage
Company to collect payment for delinquent solid waste collection and disposal accounts.
The sections further identify the City Council to adopt a Resolution authorizing the San
Luis Obispo County assessor to assess the amounts due on delinquent account as liens
against the properties. 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
and franchise agreement 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 21 of 800
Page 22 of 800
R _______
RESOLUTION NO. _______ (2023 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
ALVAREZ, DOMINICA 053-512-036 1703 SPOONER DR $ 204.66
BEUHL, JACKSON 002-511-006 415 DANA ST APT 1 $ 124.30
BOSTORM, RUTH D 052-203-004 1259 STAFFORD ST $1,113.78
CONWELL, HEATHER 052-155-007 28 S TASSAJARA DR $ 296.26
FLORES, CHERYL 003-746-035 2143 BROAD ST $ 395.58
GUEL, RETTA 052-382-032 260 DONNA WAY $ 127.42
HABIT BURGER 002-427-001 839 HIGUERA ST $ 290.44
LCAP I LLC 003-531-001 641 PISMO ST APT 2 $ 122.00
MANUELS LIQUOR 003-746-035 2145 BROAD ST $ 350.82
PERRY, REBECCA 002-511-006 415 DANA ST APT 1 $ 136.14
PETERSON, KATHLEEN 052-294-017 362 N TASSAJARA DR $ 101.34
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Resolution No. _______ (2023 Series) Page 2
R _______
Property Owner Parcel
Number Property Address Amount
RODERS, LEONARD &
MERLE
053-263-067 67 CONTENTA CT $ 376.88
SLO PRO
PRODUCTIONS
053-041-078 46 PRADO RD $ 146.54
SNYDER, CHARLES 053-182-029 3191 S HIGUERA ST $ 645.08
SNYDER, CHARLES C 003-645-008 1815 CHORRO ST $ 269.00
SNYDER, CHUCK 003-564-007 1672 FAIRVIEW ST $ 250.78
SYMONEAU, JAMES 003-737-006 2046 KING ST $ 208.84
THEULE, CHAD H 052-351-003 93 E FOOTHILL BLVD $ 92.21
WALTERS, GEORGINA 053-300-020 1286 CHAPARRAL CIR $ 269.46
ZHENG, LANI LUO 004-611-050 1351 ROYAL WAY APT 18 $ 248.76
Upon motion of _______________________, seconded by
_______________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _______ day of _________________ 2023.
_______________________________
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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