For City Council Meeting [April 24, 2018]
TO: Honorable Mayor and City Council
APPROVAL: Robb R. Steel, Interim City Administrator
FROM: Robert G. Eisenbeisz, P.E., Public Works Director/City Engineer
Title
Request City Council to Set a Public Hearing for June 12, 2018, to Consider the Placement of Liens for Delinquent Refuse Collection Accounts for the 4th Quarter of the 2017 Calendar Year.
Body
BACKGROUND:
Each of the property owners on the “Proposed Address List for Delinquent Refuse Liens” is delinquent with payment of the refuse collection bills for their property. Although billed at the last known address on file for services provided, outstanding charges remain unpaid. Rental properties are the responsibility of the property owner. Consequently, liens are filed against the property for the full amount of any unpaid past due charges for services rendered. A list of the properties affected by the proposed liens is included as Attachment 1.
ANALYSIS/DISCUSSION:
The City seeks to place a separate lien against each of the 70 residential and 18 commercial properties to secure monies owed. In the event that any of the properties are sold prior to collection, or are sold prior to the placement of liens, the amounts owed may not be recovered. This action requires the City Council to schedule a Public Hearing to review and approve the placement of liens related to delinquent refuse accounts. Staff recommends that Council set the Public Hearing for June 12, 2018.
Section 8.08.140 of the Rialto Municipal Code (RMC) authorizes placement of liens against properties with refuse collection accounts that are delinquent more than 90 days and dictates the process for notification to each affected property owner. Lien placement requests brought before the City Council are for delinquencies that have accrued 90 days prior to the service provider's last billing cycle. After scheduling the Public Hearing, the City will mail official notices to the owners of the properties shown on the attached list of addresses not less than 21 days prior to the date of the public hearing.
ENVIRONMENTAL IMPACT:
The placement of liens is exempt from the California Environmental Quality Act (CEQA) review in accordance with Section 15268, Ministerial Projects. Section 15268 allows public agencies to make non-discretionary determinations as part of implementing its regulations.
GENERAL PLAN CONSISTENCY:
Approval of this action complies with the City of Rialto General Plan Goals and Policies:
Measure 8.43: Provide Solid Waste and Recycling Programs, which states: continue to meet the community’s needs for solid waste disposal and recycling, and provide that operations area done in an efficient and cost effective manner.
LEGAL REVIEW:
The City Attorney has reviewed and approved the staff report.
FINANCIAL IMPACT:
By not placing liens against the listed properties, the City and Burrtec Waste may not be able to recover the amounts owed for services already provided to these properties, totaling $14,439.46. The City receives an administrative fee of $5.00 per parcel when the lien is collected which is allocated to Waste Management Administration - Household Hazardous Waste Fee Account No. 212-400-7150-7542. The estimated total revenue to the City for this action is $440.00. San Bernardino County charges $0.30 per parcel which is allocated to Delinquent Refuse Liens Account No. 830-235-0000-0000. The total County charge for the placement of liens is $26.40.
During the 2016/17 Tax Assessment, the total amount submitted for delinquent accounts was $183,422.80. The total amount recovered is $173,028.41, or 94.33%. A total of 38 accounts remain unpaid in the amount of $10,394.39.
Operating Budget Impact
The proposed action will not affect the Operating Budget.
Capital Improvement Budget Impact
There is no impact on the Capital Improvement Budget.
Licensing
The proposed action will not require any licensing.
RECOMMENDATION:
Staff recommends that the City Council schedule a Public Hearing for June 12, 2018, to consider approving the placement of liens against the properties identified on the attached list of delinquent refuse accounts as authorized by Section 8.08.140 of the Rialto Municipal Code.