1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Lina Hernandez, Senior Management Analyst
MEETING DATE: September 5, 2023
SUBJECT: Discussion and Consideration of an Ordinance Amending Lomita Municipal Code Title V (Sanitation and Health), Chapter 3 (Integrated Waste Management), Section 5-3.20(e), Permitting the Collection of Delinquent Solid Waste Rates on the Property Tax Rolls
RECOMMENDATION
After conducting a public hearing, and after the City Attorney reads the title, that the City Council introduces on first reading an ordinance amending Title V (Sanitation and Health), Chapter 3 (Integrated Waste Management), Section 5-3.20(e) of the Lomita Municipal Code, permitting the collection of delinquent solid waste rates on the property tax rolls, and make a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA).
BACKGROUND/ANALYSIS
Included with the September 5, 2023, City Council agenda is an item for the City Council’s consideration to amend the solid waste agreement with Arakelian Enterprises, Inc. (DBA Athens Services). As part of the negotiations with Athens Services, it was proposed to establish by separate ordinance (attached to this staff report) a process to assess nonpayment on tax rolls.
Currently the Lomita Municipal Code states that “if solid waste, recycling, and organic waste services fees and charges (and any applicable interest or penalties) are not paid within thirty (30) days of the date payment was due, solid waste, recyclables, and organic waste service may be discontinued and collection of the unpaid amount may be undertaken by any lawful means available to the city or to a solid waste enterprise providing solid waste, recyclable, and organic waste service shall refund any advance collection fees.”
Item No. PH 9b
CITY OF LOMITA
CITY COUNCIL REPORT
2 The attached proposed ordinance extends the time period of non-payment from 30 days to 60 days and stipulates that delinquent accounts may be placed on the property tax rolls for collection as set forth in Government Code section 38790.1 or other applicable law, as is common with many jurisdictions. In addition, Athens Services will be permitted to take action as is legally available to collect past due amounts from single-family or multi-family customers with cart collection service, including removing recycling carts and organic waste carts, and reducing the customer to the smallest size refuse cart. Athens may only discontinue service if doing so does not pose a health hazard and if Athens notifies the city at least five days in advance when a container will be removed, and the city will have the ability to disapprove discontinuance of service if, in the sole discretion of city, such discontinuance may pose a health hazard.
In summary, adoption of the ordinance would allow the city to request that the Los Angeles County Tax Assessor place delinquent 60-day past due amounts on property tax rolls for collection along with the property taxes.
OPTIONS
1) Approve the first reading of the ordinance.
2) Do not approve the first reading of the ordinance.
3) Provide staff alternate direction.
FISCAL IMPACT
None. The City of Lomita would place delinquent past due amounts on the property tax rolls on a periodic basis. Any amounts received would be remitted to Athens Services after subtracting the city’s reasonable administrative costs.
ATTACHMENT
1) Draft Ordinance
2) Public Hearing Notice
Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
_______________________
Lina Hernandez
Senior Management Analyst
ORDINANCE NO. 857
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, AMENDING LOMITA MUNICIPAL CODE TITLE V
(SANITATION AND HEALTH), CHAPTER 3 (INTEGRATED WASTE
MANAGEMENT), SECTION 5-3.20(e), PERMITTING THE COLLECTION
OF DELINQUENT SOLID WASTE RATES ON THE PROPERTY TAX
ROLLS, AND A DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
THE CITY COUNCIL OF THE CITY OF LOMITA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Environmental Review. Pursuant to Section 15061(b)(3) of the California Code of Regulations, this project is exempt from California Environmental Quality Act (CEQA) regulations. In accordance with Section 15061(b)(3) of the CEQA Guidelines, adoption of this ordinance is exempt in that it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment.
Section 2. Subsection (e) of Section 5-3.20 of the Lomita Municipal Code is hereby amended to read as follows:
Sec. 5-3.20. - Fees, franchises permits and licenses.
***
(e) Liability for fees.
(1) Each person required by this chapter to arrange for solid waste, recyclables, and organic waste collection shall be liable for the fees and charges for such collection.
(2) To protect public health, safety and well-being and to control the spread of vectors, the person responsible for day-to-day operation of each premises in the city shall make arrangements for collection, recycling and disposal of solid wastes, recyclables, and organic waste generated or accumulated on those premises in accordance with the requirements of this chapter. The fees and charges (plus any interest or penalties) shall be due and payable on the date stated on the bill. The person(s) responsible for day-to-day operation of each premises in the city at which solid waste, recyclables, and organic waste subject to this chapter is generated or accumulated shall be liable for the payment of all charges (plus any interest or penalties) for solid waste, recyclables, and organic waste services, including any recycling charges. (3) If solid waste, recycling, and organic waste service fees and charges (and any applicable interest or penalties) are not paid within sixty (60) days of the date payment was due, the delinquencies may be placed on the property tax rolls for collection as set forth in Government Code section 38790.1 or other Attachment No. 1
Ordinance No. 857
applicable law. Such authority shall be in addition to other available collection remedies provided by law.
(4) Upon receipt of written notice from the person responsible for day-to-day operation of a premises in the city to discontinue solid waste, recyclables, and organic waste collection services because the person in charge of day-to-day operations has obtained a self-haul permit in accordance with section 5-3.60 of this chapter, or because the premises are vacant, the solid waste enterprise providing solid waste, recyclable, and organic waste service shall refund any advance collection fees.
***
Section 3. Effective Date. This ordinance shall take effect thirty (30) days after the date of its passage and adoption; and within fifteen (15) days after its passage and adoption, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED AND ADOPTED this ____day of ________, 2023. ____________________________
Barry M. Waite
ATTEST: Mayor
Kathleen Horn Gregory, City Clerk
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
City of Lomita
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Lomita City Council will hold a public hearing at 6:00 p.m. on Tuesday, September 5, 2023, to consider the following:
AN AMENDMENT TO LOMITA MUNICIPAL CODE TITLE V (SANITATION AND HEALTH), CHAPTER 3 (INTEGRATED WASTE MANAGEMENT), SECTION 5-3.20(e), PERMITTING THE
COLLECTION OF DELINQUENT SOLID WASTE RATES ON THE PROPERTY TAX ROLLS,
AND A DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The public hearing will take place in the Council Chambers at Lomita City Hall, 24300 Narbonne Avenue, Lomita, CA 90717. At the public hearing you may appear and be heard, or you may write to the City Council in support of or in opposition to these matters.
For more information, please contact the City Manager’s Office between the hours of 7:30 a.m. and 5:30 p.m., Monday through Thursday and 8:00 a.m. to 5:00 p.m. on alternating Fridays at (310) 325-7110, ext. 107 or via email at [email protected].
Linda Abbott, Deputy City Clerk
Dated: August 25, 2023
Attachment No. 2