1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Lina Hernandez, Senior Management Analyst
MEETING DATE: September 19, 2023
SUBJECT: Second Reading and Adoption of Ordinance No. 857 Amending LMC 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
Adopt the ordinance and find the project categorically exempt from the California Environmental Quality Act (CEQA).
BACKGROUND/ANALYSIS
On September 5, 2023, the City Council introduced Ordinance No. 857 and approved first reading of the ordinance.
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 non-payment on tax rolls.
The 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.
Item No. 7j
CITY OF LOMITA
CITY COUNCIL REPORT
2 OPTIONS
1) Adopt Ordinance No. 857
2) Do not adopt the ordinance.
3) Provide 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) Ordinance No. 857
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