The URL can be used to link to this page

Home My WebLink AboutC6 Amended Collection of Delinquent Solid Waste AcctsCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Carrie Mattingly, Utilities Director Prepared By: Ron Munds, Utilities Services Manager SUBJECT: COLLECTION OF DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS RECOMMENDATION 1. Rescind Resolution No. 10540 (2014 Series) 2. Adopt Resolution which reflects text changes requested by the County Auditor’s Office DISCUSSION Background City Council adopted Resolution No. 10540 (2014 Series) regarding the placement of liens on properties with delinquent solid waste accounts at its July 2, 2014 meeting. After receipt by the County Auditor, minor changes to the wording of the resolution were requested to conform to its policies and procedures. Attachment 1 is the legislative draft of the resolution showing the requested changes. No changes have been made to the resolution in terms of the properties listed or the lien amounts being collected. The changes requested by the County are 1) the addition of the enabling Government Code to the title of the resolution, and 2) references to the “Assessor’s Office” changed to the “Auditor’s Office”. CONCURRENCES The City Clerk concurs with the recommendations in this report. FISCAL IMPACT There is no fiscal impact associated with the recommendations in this report. ATTACHMENTS 1. Legislative Copy of Resolution for Delinquent Solid Waste Account Liens 2. Amended draft of the Resolution for Delinquent Solid Waste Account Liens T:\Council Agenda Reports\2014\2014-08-19\Amended Collection of Delinquent Solid Wast Acts (Mattingly-Munds) 8-19-2014 C6 C6 - 1 RESOLUTION NO 10540 (2014 Series) A RESOLUTION OF THE CITY OF SAN LUiS OBISPO AUTHORIZING 'n IE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS AtNIOUNTS 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 developedproperties in the Citv must use the solid waste collection and disposalservice provided by the Citv's franchisee that the franchisee is responsible for collecting fees for their services and thatowners of developedproperties are responsible for paying for the service and WHEREAS, Section 8 04 070 of the Municipal Code further provides a methodby which once each vear the franchisee may take actions to collect fees from the owners of developed properties which have delinquentsolid waste collection and disposal accounts and WHEREAS, the franchisee San Luis Garbage Company has taken the actionsrequired within the Municipal Code to collect tees from delinquent accounts as certified by franchisee and incorporated heiem NOW, THEREFORE, i3E 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 byfranchisee San Luis Garbage Company as liens against the properties listed below Property Owner Parcel Number Property Address Amount PURIFY, GERALD D 053 -183 -030 357 CALLE LUPITA 228 20 GORDON, ROBERT L 001 - 136 -010 1532 MONTEREY ST 388 82 SNYDER, CHARLES C 053 - 182 -029 3191 S HIGUERA ST 37704 SNYDER, ELEANOR G 003 - 564 -007 1672 FAIRVIEW ST 186 72 SNYDER, CHARLES C 001 -251 -019 2038 SAN LUIS DR 260 32 JOHNSON, WILLIAM 053 - 115 -019 11295 LOS OSOS VALLEY RD #19 183 20 PETETIT, RYAN 004 - 731 -012 1179 SAN CARLOS DR 20302 MILLER, ELIN 052 - 533 -001 125 S TASSAJARA DR 16508 WINDES DANA THE 053- 300 -020 1286 CHAPARRAL CIR 16980 WAMPLER, LAWRENCE M 053 - 414 -003 966 FULLER RD 16980 R 10540 Attachment 1 PDF C6 - 2 Resolution No 10540 (2014 Series) Page 2 Upon motion of Council Member Ashbaugh seconded by Council Member Smith and on the following toll call vote AYES Council Members Ashbaugh Carpenter and Smith Vice Mayor Christianson and Mayor Marx NOES None ABSENT None The foregoing resolution was adopted this I" day of July 2014 i Mayo t Jan Marx ATTEST V- APPROVED AS tristme Dictnc6 Attomev 111~ t~Qn C6 - 3 R _______ Attachment 2 RESOLUTION NO. _______ (2014 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR AUDITOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS LIENS AGAINST THE PROPERTIES PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 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 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 as follows: SECTION 1: Resolution No. 10540 (2014 Series) is hereby rescinded. SECTION 2: The San Luis Obispo County Assessor Auditor 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 PURIFY, GERALD D 053-183-030 357 CALLE LUPITA 228.20 GORDON, ROBERT L 001-136-010 1532 MONTEREY ST 388.82 SNYDER, CHARLES C 053-182-029 3191 S HIGUERA ST 377.04 SNYDER, ELEANOR G 003-564-007 1672 FAIRVIEW ST 186.72 SNYDER, CHARLES C 001-251-019 2038 SAN LUIS DR 260.32 JOHNSON, WILLIAM 053-115-019 11295 LOS OSOS VALLEY RD #19 183.20 PETETIT, RYAN 004-731-012 1179 SAN CARLOS DR 203.02 MILLER, ELIN 052-533-001 125 S TASSAJARA DR 165.08 WINDES DANA TRE 053-300-020 1286 CHAPARRAL CIR 169.80 WAMPLER, LAWRENCE M 053-414-003 966 FULLER RD 169.80 C6 - 4 Resolution No. _______ (2014 Series) Page 2 Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2014. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony Mejia City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney C6 - 5 Page intentionally left blank. C6 - 6