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Home My WebLink AboutItem 6c. Authorize collection of Delinquent Solid Waste Collection and Disposal Accounts Item 6c Department: Utilities Cost Center: 6107 For Agenda of: 6/18/2024 Placement: Consent Estimated Time: N/A FROM: Aaron Floyd, Utilities Director Prepared By: Chris Lehman, Deputy Director – Wastewater Meg Buckingham, Solid Waste and Recycling Program 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, directing the San Luis Obispo County Auditor to place amounts due on delinquent Solid Waste Collection and Disposal Accounts as liens against the properties.” POLICY CONTEXT On an annual basis, the City Council directs the collection of past due solid waste collection and disposal accounts to the San Luis Obispo County Auditor if the actions prescribed in the Municipal Code to collect the fees are unsuccessful. 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 respon sible 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 Auditor to place amounts due on delinquent accounts as liens against the properties. Page 17 of 747 Item 6c 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. The Resolution (Attachment A) directs the San Luis Obispo County Auditor to place the amounts due on delinquent accounts as liens against the properties. Previous Council or Advisory Body Action The process of directing the San Luis Obispo County Auditor to place delinquent solid waste and disposal accounts as liens against the properties occurs annually. Public Engagement San Luis Garbage Company has sent certified letters to past due property owners requesting payment (Attachment B). City staff has sent letters to past due property owners with information on the lien process and the public hearing date (Attachment C). 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 $0 $ $ $ State Federal Fees Other: Total $0 $ $ $ Page 18 of 747 Item 6c There is no direct fiscal impact to the City as the franchisee (San Luis Garbage) 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. 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 process for the City Council to adopt a Resolution directing the San Luis Obispo County Auditor to place 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 directing the collection of delinquent Solid Waste Collection and Disposal Accounts B - Sample Delinquent Letter from the Garbage Company C - Sample Delinquent Letter from the City of San Luis Obispo Page 19 of 747 Page 20 of 747 R _______ RESOLUTION NO. _______ (2024 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DIRECTING THE SAN LUIS OBISPO COUNTY AUDITOR TO PLACE AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS LIENS AGAINST THE PROPERTIES PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 38790.1 & 25828, ET SEQ. 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; and WHEREAS, Government Code Section 38790.1 provides that any city collecting garbage fees or charges may collect delinquent fees or charges in the manner provided in Section 25831 for counties; and WHEREAS, Government Code Section 25831 provides that upon the City complying with the procedural requirements set forth therein, the delinquent fees presented in a report adopted by the City Council shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of the delinquent fees; and WHEREAS, Government Code Section 25831 provides that the report of delinquent fees presented to and adopted by the Council shall be filed with the County Auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll, and further, that the lien created attaches upon recordation of the report. Page 21 of 747 Resolution No. _______ (2024 Series) Page 2 R _______ NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the San Luis Obispo County Auditor is hereby directed to place 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 12 AT KE ONE ELE ELE A HI LLC C/O HAL LASHLEE 053-514-004 1733 FARRIER CT 135.58 AIRTH, JAMES P 004-931-010 447 LAWRENCE DR 379.36 BOSTORM, RUTH D 052-203-004 1259 STAFFORD ST 670.26 CARROL, JEFF 004-945-071 556 STONERIDGE DR 112.66 CONWELL, HEATHER 052-155-007 28 S TASSAJARA DR 246.12 CREEKSIDE MOBILEHOME COMMUNITY 910-001-214 3960 S HIGUERA ST SP44 171.82 DENGATE, LEANNE 052-237-010 474 HENDERSON AVE 140.42 ELEANOR SNYDER C/O CHARLES SNYDER 003-564-007 1672 FAIRVIEW ST 245.80 FAY KINSEY C/O SHARON WOODWARD 003-737-006 2046 KING ST 175.46 FLORES, CHERYL (TE) 003-746-035 2143 BROAD ST 592.72 GOLDSMITH, RICHARD 052-451-003 540 PRINCETON PL 371.94 JOHNSON, JUDY E 053-035-004 3057 S HIGUERA ST SP11 316.34 KARTHIKEYAN, DHINAKARAN 053-024-027 315 TRESANA LN 102.74 LELAC INVESTMENTS LLC 052-324-006 1621 MCCOLLUM ST 120.42 LIVE OAK RENTALS LLC 001-135-007 859 CALIFORNIA BLVD 317.62 LOTIERZO, ROBERT J 002-511-006 415 DANA ST APT 1 113.20 MOROSIN, JAMES 052-473-014 282 LUNETA DR 126.50 RUKERI INC 003-652-018 2021 SWAZEY ST 155.86 RUKERI INC C/O STEVEN FERRARIO 052-231-013 1866 LOOMIS ST APT A 188.54 SNYDER, CHARLES 053-182-029 3191 S HIGUERA ST 592.72 SNYDER, CHARLES 003-645-008 1815 CHORRO ST 245.80 TERRICK, POULA 053-034-018 3057 S HIGUERA ST SP28 316.34 TWO BROTHERS SAN LUIS ENTS LLC 003-616-021 1519 NIPOMO ST 211.32 WILLIE LESSIER C/O ERIC REED 003-631-009 640 LEFF ST 402.36 ZHENG, QI 004-611-050 1351 ROYAL WAY APT 18 246.12 Page 22 of 747 Resolution No. _______ (2024 Series) Page 3 R _______ Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _______ day of _________________ 2024. _______________________________ 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 Page 23 of 747 Page 24 of 747 SAN LUIS GARBAGE <<DATE>> 4388 OLD SANTA FE RD SAN LUIS OBISPO CA 93401 <<CUSTOMER NAME>> Regarding service address: <<BILLING ADDRESS>> <<SERVICE ADDRESS>> <<BILLING ADDRESS>> <<SERVICE ADDRESS>> RE: Past due account number: <<ACCOUNT NUMBER>> Dear <<CUSTOMER NAME>>, This is a reminder that we have not received payment on your past due account. The past due balance of $XX.XX must be paid by April 30, 2024. If payment is not made, the past due amount will be sent to the San Luis Obispo County Assessor to place a lien on your property. Please contact our collections department at 805-783-4495 or our office at 805-489-4246 between the hours of 8am-4:30pm, Monday-Friday to discuss resolution of your account. You must contact us before April 30, 2024 to ensure your credit will not be affected. If you have already mailed your payment, thank you and please disregard this letter. Sincerely, SAN LUIS GARBAGE Collections Department Account: <<CUSTOMER NAME>> Account Number: <<ACCOUNT NUMBER>> Past due balance: $XX.XX Unbilled Current 30 days 60 days 90 days Fin. Chrg Total Due $0.00 $0.00 $0.00 $0.00 $XX.XX $XX.XX $XX.XX Page 25 of 747 Page 26 of 747 City of San Luis Obispo, Public Utilities, 879 Morro Street, San Luis Obispo, CA, 93401-2710, 805.781.7215, slocity.org <<DATE>> <<BILLING NAME>> Regarding Service Address: <<MAILING ADDRESS>> <<SERVICE ADDRESS>> <<MAILING ADDRESS>> <<SERVICE ADDRESS>> NOTIFICATION OF CITY COUNCIL PUBLIC HEARING REGARDING DELINQUENT SOLID WASTE DISPOSAL AND COLLECTION ACCOUNTS Dear <<CUSTOMER NAME>>, Per San Luis Obispo Municipal Code Section 8.04.070, the owner of a developed property shall be responsible and liable for paying the waste collection and disposal fees for that property. Once a year, San Luis Garbage Company is to notify property owners with delinquent solid waste accounts of the amount due. After the due date, San Luis Garbage Company is to present the City with a list of property owners that failed to pay the past due amount. This letter is to notify you that San Luis Garbage has taken the actions required within Municipal Code Section 8.04.070 to collect fees from delinquent accounts and presented you with a due date of April 30, 2024. As of the date of this letter, San Luis Garbage Company has not received payment for the past due account. Your property is listed as a delinquent account and will be reported to the San Luis Obispo City Council during a public hearing, where the Council will hear any objections or protests to the report, if any, and vote to adopt a Resolution authorizing the San Luis Obispo County Auditor to place amounts due on delinquent solid waste collection accounts as tax liens against the properties. The City Council Public Hearing will be held on Tuesday, June 18, 2024, beginning at 5:30 PM in City Hall at 990 Palm Street, San Luis Obispo, CA. Should you have questions regarding your delinquent account, please contact San Luis Garbage Company at (805) 543-0875. If you have questions regarding the City Council Public Hearing process, please contact me via email at mbuckin@slocity.org or by phone at (805) 783-7850. Sincerely, Meg Buckingham Solid Waste and Recycling Program Manager City of San Luis Obispo Page 27 of 747 Page 28 of 747 COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS Public Hearing June 18, 2024 COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS •Item 6c on the Consent Agenda is being pulled for a Public Hearing to allow parties the opportunity to protest the listing •Received one written protest •Staff recommends removing the following property from the list until addressing / ownership discrepancies can be resolved