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Home My WebLink AboutD-2 Staff Report - 2023 Delinquent Trash Collection AccountsPUBLIC HEARING/SCHEDULED ITEM D-2 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: TALIKA JOHNSON, ADMINISTRATIVE SERVICES DIRECTOR DATE: JUNE 19, 2023 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 to subscribe to the City’s solid waste collection services, and fees for such services shall be directly paid to the City’s franchise hauler. Per Section 58-58 of the Ordinance, 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 on the property for inclusion in the next property tax roll by the Los Angeles County Assessor. The Public Hearing Notice was mailed to affected property owners on May 30, 2023, and was advertised in the local newspaper on June 8, 2023. 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. 2023-C29 approving the list of delinquent accounts to be placed on special assessment for inclusion to the property tax roll by the Los Angeles County Assessor on the FY 2023-2024 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 the adoption of Resolution No. 2023-C29. Approved City Council June 19, 2023 Public Hearing – Delinquent Trash Collection Fees June 19, 2023 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 of 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 481 notices were mailed to property owners on April 28, 2023, totaling $121,029.36 in delinquent trash fees. 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 1st is on file with the City Clerk’s Office and includes 268 accounts totaling $109,094.28 ($88,994.28 delinquent trash fees + $20,100 administrative fees). If approved by the City Council, the Director of Administrative Services, or her designee, will submit the list of property owners with delinquent charges plus additional $75 City administrative fee per account to the Los Angeles County Assessor for placement on the FY 2023-2024 tax bill. FISCAL IMPACT: The City will be reimbursed $75 per delinquent account to cover administrative costs. Of the $109,994.28 in delinquencies to be added to the property tax roll, $20,100 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. 2023-C29 Delinquent Trash Collection Fees 2)Public Hearing Notice Regarding Delinquent Trash Collection Fees 1 RESOLUTION NO. 2023-C29 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 THE FISCAL YEAR 2024 -2025 WHEREAS, on October 2, 2000, the City Council of the City of Azusa, approved an Exclusive Franchise Agreement with Arakelian Enterprises, Incorporated, DBA Athens Services (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. 2021-07, Waste Disposal and Recycling, requires residential, commercial, or industrial customers to 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. 2021-07 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. 2021-07 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 turns over the Delinquent Trash Collection Fees list to the Los Angeles County Assessor Office for inclusion in FY 2024-2025 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 19th day of June, 2023. ___________________________________ 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. 2023-C29 was duly adopted by the City Council of the City of Azusa, held on the 19th day of June, 2023 by the following vote of Council: AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, MENDEZ, BECKWITH NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ___________________________________ 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 19, 2023, 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 19, 2023 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 19, 2023. 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. CITY OF AZUSA NOTICE OF PUBLIC HEARING REGARDING DELINQUENT TRASH COLLECTION FEES Attachment 2