CITY OF POMONA
COUNCIL REPORT
July 15, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Gutierrez, City Manager
Submitted By: Rene Guerrero, Public Works Director
SUBJECT: resolution APPROVING THE SUBMITTAL OF DELINQUENT SOLID WASTE (TRASH) COLLECTION ACCOUNTS TO THE COUNTY AUDITOR-CONTROLLER TO BE INCLUDED AS A SPECIAL ASSESSMENT ON THE FY2024-25 PROPERTY TAX ROLL RECOMMENDATION:
It is recommended that the City Council take the following actions:
Adopt the following resolution:
RESOLUTION NO. 2024-107: A resolution of the city council of the city of pomona, california, Authorizing and directing the los angeles county auditor-controller to include delinquent solid waste (Trash) collection accounts from athens SERVICES as a special assessment to be collected at the same time and in the same manner as county taxes; and Approve the lien list of delinquent Solid Waste (Trash) collection accounts be submitted to the Los Angeles County Auditor-Controller no later than August 1, 2024, to be included as a special assessment for the respective affected parcel on the County property tax rolls.
EXECUTIVE SUMMARY:
Approval of Resolution No. 2024-107 (Attachment No. 1) and the lien list of delinquent trash collection accounts will authorize and direct the Los Angeles County Auditor-Controller to place the delinquent trash collection accounts from Athens Services as a Special Assessment on the County property tax rolls to ensure payment for solid waste services, per the City of Pomona’s Ordinance No. 4331 and Municipal Code Section 62-724 – Transfer of Delinquent Debt to the City.
SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☐ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements. Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $250 or more that would require disclosure and/or recusal from discussing or acting on this agenda item. Campaign contributions of $250 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer or 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.
FISCAL IMPACT:
There is no fiscal impact to the City at this time.
DISCUSSION:
Pomona’s Municipal Code Section 62-651 (residential) and 62-702 (commercial, multifamily, industrial, or institutional) requires each owner and/or each occupant of an establishment be responsible for the disposal and/or diversion, where appropriate, of solid waste through the contractual services of a franchised solid waste enterprise that has been granted such by action of the City Council. Per Section 62-722 - Billing and Collection (commercial, multifamily, industrial, or institutional) and Section 62-676 – Billing (residential), the franchised hauler has the right to bill and collect fees for such services in advance, and shall be directly paid to the City’s franchise hauler (Athens). Each owner/occupant shall be liable for the collection charge, whether or not collection services are utilized.
Per Section 62-724 - Transfer of Delinquent Debt to the City, Athens, as the City’s franchised hauler, and the designated entity for the collection of fees, is entitled to payment from the owner/occupant for any collection services rendered. If any account holder fails to pay for trash collection services for a 30-day period, the account shall be deemed delinquent, and the hauler shall mail the owner a final request for payment for the amount owed, plus penalties. The final request for payment includes a warning notice that if the trash collection charges are not paid within 60 days, the account will be turned over to the City for placement on the property tax rolls.
The City received a list of delinquent residential, commercial and multi-familty trash collection accounts containing the amount due plus penalties from Athens Services. A total of 2,950 notices were mailed to property owners on May 13, 2024, totaling $713,071.15 in delinquent trash fees. Property owners were also notified of their right to appear before the Public Works Director at an Administrative Hearing to contest placement of the property tax assessment rolls. The Administrative Hearing took place on June 12, 2024. Athens Services personnel was available to provide account details and receive payment. Since the original list was prepared, some payments have been received and delinquent accounts removed from the list.
The final list of delinquent accounts not resolved by July 1, 2024 is on file with the City Clerk’s Office and includes 1,626 accounts totaling $435,052.71. If approved by the City Council, the Public Works Director will submit the list of property owners with delinquent charges to the Los Angeles County Auditor-Controller by August 1, 2024, to be included on the County property tax roll for FY 2024-25.
Prepared by:
Irene Madrid, Management Analyst
ATTACHMENTS:
Attachment No. 1 – Resolution No. 2024-107
Resolution Approving the Submittal of Delinquent Solid Waste (Trash) Collection Accounts as a Special Assessment on the FY2024-25 Property Tax Roll