HomeMy WebLinkAboutD-5 Staff Report - Delinquent Trash Collection AccountsPUBLIC HEARING/SCHEDULED ITEM
D-5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
V IA: SERGIO GONZALEZ, CITY MANAGER
FROM: TALIKA JOHNSON, ADMINISTRATIVE SERVICES DIRECTOR
DATE: JUNE 20, 2022
SUBJECT: PUBLIC HEARING REGARDING DELINQUENT TRASH COLLECTION FEES
BACKGROUND:
The City of Azusa’s Ordinance No. 2021-17, Waste Disposal and Recycling, requires residential,
commercial or industrial customers subscribe to the City’s solid waste collection services and fees
for such services shall be directly paid to the City’s franchise hauler, Athens Services. City
procedures state that any property owner who, as of June 1st of any given year, is delinquent as to
any charges or any penalties due as of March 31st of the same year, shall be sent, by mail, a written
notification that the City Council will review all such delinquent accounts during a public hearing
to place a special assessment for inclusion in the next property tax roll by the Los Angeles County
Assessor.
The Public Hearing Notice was mailed to the affected property owners on April 29 and June 7, 2022
and advertised in the local newspaper on June 9, 2022.
RECOMMENDATIONS:
Staff recommends the City Council take the following actions:
1) Open the Public Hearing, receive public testimony, and close the Public Hearing;
2)Adopt Resolution No. 2022-C48 approving the list of delinquent account list to be placed on
special assessment for inclusion to the property tax roll by the Los Angeles County Assessor
on the FY 2022-2023 tax bill; and
3)Approve the Director of Administrative Services, or her designee, to turn over to the Los
Angeles County Assessor the delinquent account list after adoption of Resolution No. 2022-
C48.
APPROVED
CITY COUNCIL
6/20/2022
Public Hearing – Delinquent Trash Collection Fees
June 20, 2022
Page 2
ANALYSIS:
Section 58.58(B) of Ordinance No. 2021-17 states that if any owner fails to pay the fees for a sixty
(60) day period, the account shall be deemed delinquent, and the franchise hauler will notify the
property owner a final request for payment for the amounts owed, plus penalties, including $75
administrative fee charged by the City.
Athens Services has mailed past due notices to the respective delinquent account holders. A total
of 12 notices were mailed to property owners on April 29, 2022, totaling $12,692.07. Since the
original list was prepared, some payments have been received and accounts removed from the list.
The final list of delinquent accounts not resolved by June 1, 2022 are five (5), totaling $2,725.59
($2,350.59 delinquent trash fees + $375 City administrative fee) is on file with the City Clerk’s
Office. If approved by the City Council, the Director of Administrative Services, or her designee,
will submit the list of property owners with delinquent charges, which includes $75 City
administrative fee per delinquent account, to the Los Angeles County Assessor for placement on
the Fiscal Year 2022-2023 tax bill.
FISCAL IMPACT:
The City will be reimbursed $75 per delinquent account to cover administrative costs. Of the
$2,725.59 in delinquencies to be added to the property tax roll, $375 will be reimbursed to the City
to cover administrative expenses of administering the City’s Ordinance and facilitating delinquent
payment to Athens Services.
Prepared: Reviewed and Approved:
Liza Sagun Talika M. Johnson
Environmental Programs Specialist Director of Administrative Services
Reviewed and Approved:
Sergio Gonzalez
City Manager
Attachments:
1) Resolution No. 2022-C48 Delinquent Trash Collection Fees
2) Public Hearing Notice Regarding Delinquent Trash Collection Fees
1
RESOLUTION NO. 2022-C48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, A DOPTING THE DELINQUENT TRASH
COLLECTION FEES LIST FILED AT THE CITY CLERK’S OFFICE
AND DIRECTING THE DIRECTOR OF ADMINISTRATIVE
SERVICES TO TURN OVER THE DELINQUENT ACCOUNT LIST
TO LOS ANGELES COUNTY ASSESSOR OFFICE FOR
INCLUSION ON THE PROPERTY TAX ROLL FOR FISCAL YEAR
2022-2023
WHEREAS, on October 2, 2000, the City Council of the City of Azusa, approved
an Exclusive Franchise Agreement with Arakelian Enterprises, Incorporated (Contractor), for
refuse collection and recycling services ("Original Agreement"); and
WHEREAS, on November 1, 2021, the City Council of the City of Azusa, approved
the 26th Amendment to the Amended and Restated Franchise Agreement with Contractor for
refuse collection, recycling and disposal services ("Amended Agreement"); and
WHEREAS, the City of Azusa’s Ordinance No. 2021-17, Waste Disposal and
Recycling, requires residential, commercial or industrial customers subscribe to the city’s
solid waste collection services and fees for such services shall be directly paid to the City’s
franchise hauler; and
WHEREAS, Section 58.58(B) of Ordinance No. 2021-17 states that if any owner fails
to pay the fees for a sixty (60) day period, the account shall be deemed delinquent, and the
franchise hauler will notify the property owner a final request for payment for the amounts
owed, plus penalties, including any additional charges.
WHEREAS, Section 58.58(D) of Ordinance No. 2021-17 states that any property owner
who, as of June 1st of any given year, is delinquent as to any charges or any penalties due as of
March 31st of the same year, shall be sent, by mail, a written notification that the City Council
will review all such delinquent accounts during a public hearing to place a special assessment for
inclusion in the next property tax roll by the Los Angeles County Assessor; and
WHEREAS, the Director of Administrative Services, or her designee, is authorized to
turn over to the Los Angels County Assessor the delinquent account list after approval by the
City Council; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Azusa,
California, does find and declare that:
SECTION 1: Adoption of Delinquent Trash Collection Fees List. The list of
delinquent trash collection fees filed at the City Clerk’s Office is hereby
approved.
SECTION 2: Effective Date. This Resolution shall become effective upon its adoption.
ATTACHMENT 1
2
SECTION 3: Authorization. That the Director of Administrative Services turn over the
Delinquent Trash Collection Fees list to the Los Angeles County Assessor
Office for inclusion in FY 2022-2023 property tax roll.
SECTION 4: Authorization. That Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 20th day of June, 2022.
___________________________________
Robert Gonzales
Mayor
ATTEST:
___________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2022-C48 was duly adopted
by the City Council of the City of Azusa at a special meeting thereof, held on the 20th day of
June, 2022 by the following vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
___________________________________
Best Best & Krieger, LLP
City Attorney
NOTICE IS HEREBY GIVEN that pursuant to Article II, Section 58.58, of the Azusa Municipal Code, the City
Council of the City of Azusa (“City”) will hold a PUBLIC HEARING to consider Special Assessment against
the parcel property for unpaid delinquent trash collection fees. This notice is being mailed to the owner
of record of each identified parcel with unpaid delinquent trash collection fees. Said PUBLIC HEARING will
be held at the regular City Council meeting on MONDAY, JUNE 20, 2022, at 7:30 P.M., or as soon as
possible thereafter, in the Civic Auditorium, 213 E. Foothill Boulevard, Azusa, CA 91702, to consider all
oral testimony and written protests to levy Special Assessment against parcel property for unpaid
delinquent trash collection fees. If the City Council decides to conduct the hearing remotely in the interest
of public health and safety pursuant to AB 361 (Chapter 165, Statutes of 2021), the information will be
posted on the City’s website as soon as possible, and will also be included in the published agenda for the
June 20, 2022 City Council meeting.
The City of Azusa Municipal Code Ordinance No. 2021-07 requires that all commercial businesses and
residential dwellings subscribe to trash collection services and payment for such services shall be paid
directly to the City’s franchised hauler. If trash collection fees are delinquent by June 1st, the total sum of
unpaid delinquent charges and penalties for trash collection services, plus City administrative and
assessment charges of $75, will be placed as a lien on the property.
The list of property owners with delinquent charges is on file with the City Clerk’s Office. Any record of
owner of a property subject to Special Assessment may submit a written protest to the proposed Special
Assessment; provided, however, only one protest will be counted per identified parcel. Any written
protest must:
(1)state that the identified property owner is in opposition to the proposed Special Assessment;
(2)provide the location of the identified parcel (by assessor’s parcel number or street address) and if
available, please provide the Athens account number; and
(3)include the name and signature of the property owner submitting the protest.
If the person submitting the written protest is the owner of record but was not shown on Los Angeles
County’s last equalized assessment roll as the property owner, that person must provide written evidence
that the person is the property owner. Written protests may be submitted by mail or in person,
and must be received (not postmarked) by the City Clerk’s Office at 213 East Foothill Boulevard, Azusa, CA
91702, prior to the close of the public comment portion of the Public Hearing on June 20, 2022. Oral,
telephonic and e-mail protests will not be accepted. Please identify on the front of the envelope for any
protest, “Public Hearing on Delinquent Trash Collection Fees.”
Contact Athens Services at 888-336-6100 for questions regarding your bill or to make a payment or
payment arrangements prior to the Public Hearing. At the conclusion of the meeting, those properties
determined to still be delinquent will be forwarded to the Los Angeles County Assessor’s.
CITY OF AZUSA
NOTICE OF PUBLIC HEARING
REGARDING DELINQUENT TRASH COLLECTION FEES
Attachment 1