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Home My WebLink About6/18/2024 Item 6c, Floyd - Staff Agenda CorrespondenceCity of San Luis Obispo, Council Memorandum City of San Luis Obispo Council Agenda Correspondence DATE: June 18, 2024 TO: Mayor and Council FROM: Aaron Floyd, Utilities Director VIA: Whitney McDonald, Interim City Manager SUBJECT: ITEM 6C – COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS Item 6C, which was originally placed on the Consent Agenda, is recommended to be pulled for a public hearing to ensure the right of property owners to protest. On June 4, 2024, City staff mailed 26 letters to the identified delinquent solid waste collection and disposal accounts notifying them of the Council date and lien process (refer to Attachment A for the list of delinquent accounts included in the Draft Resolution). Additional noticing was conducted by San Luis Garbage, who provided City staff the attached “proof” or timeline of the noticing they conducted (Attachment B). Staff received one protest as agenda correspondence (Attachment C) This resident is in active litigation with the property owner related to solid waste service at Creekside Mobilehome Community. Due to the ongoing litigation between the solid waste account holder and Creekside Mobilehome Community, staff recommends that this address (3960 South Higuera Street, Space 44) be pulled from the list of delinquent accounts. Staff’s recommendation is to: • Remove the property (3960 South Higuera Street, Space 44) from the list of delinquent accounts; and • Hold a public hearing during the Council Business Item and Hearing Agenda of June 18, 2024 to allow for staff presentation, public comment, and formal protest. 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. 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 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 06/03/2024 RE: Tax Lien for City of San Luis Obispo 2024/2025 tax roll 01/23/2024-Received email from Meg Buckingham to provide the date as to which we need to provide a final listing for the 2024 tax roll for property tax liens. 03/15/2024-All customers that are more than 120 days past due with a balance of more than $50.00 are sent a certified letter. (see provided sample). Provided customer with a final date to provide payment to our office of 05/15/2024. (ordinance requires minimum 45 days, we allowed for a total of 60 days for payment) 05/22/2024-A finalized listing of the customers that were sent certified letters and are still delinquent emailed to Meg Buckingham to be placed on the property tax roll 2024/2025. Should you have any questions regarding our procedures, please feel free to reach out to our office. Sincerely, Amber Castro Collections Administrator 805-783-4495 amberc@wasteconnections.com Earl Conaway < To:E-mail Council Website; Law Clerk Subject:Public Comment (6/18 City Council Meeting) This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. To Whom ItMay Concern, Iamwriting on behalf ofmyclients, Hugo and Deborah Santana, who received notice ofanalleged delinquent solid waste disposal and collection account, yesterday June 17, asthey were heading out of state forvacation. The reason they didnotreceive notice until yesterday is due tothefact that Ms. Buckingham'sletter notifying them oftoday'shearing was sent to thewrong address (theletter was mailed toageneric address without theSantanas space number). The Santanas alleged delinquent account isontoday'sCity Council agenda item 6c. The Santanas are requesting acontinuance of any decision regarding their account (and/orlien ontheir property) until they return toCalifornia next week. The Santanas arevery concerned and would liketo beheard astheir account with San Luis Garbage was opened without their consent ortheir need and was thedirect result of their property owner unilaterally (andillegally) amending theterms of their lease agreement which provided forfree waste removal at theproperty owner'scost tonow being the Santanas personal responsibility. Your courtesy and cooperation inthis regard isverymuch appreciated. EarlE. Conaway, III, Esq. Earl E. Conaway, III EARL E. CONAWAY, III, APROFESSIONAL LAW CORPORATION 1320 Osos Street San Luis Obispo, CA93401 T: (805) 546-8797 F: (888) 466-8702 earl@conawaylawfirm.com CONFIDENTIALITY NOTICE This electronic mail transmission isprivileged and confidential and is intended only forthe review of the party to whom itis addressed. Ifthe reader of this e-mail isnot the addressee, you are hereby notified that any dissemination or copying ofthis communication isstrictly prohibited and may bein violation of State and/orFederal laws. If you have 1 received this transmission in error, please immediately contact the sender at 805-546-8797 and delete it from your system. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege. 2