Agenda Item No. 5
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of May 22, 2023
SUBJECT: Adoption of Resolution No. 2023-12 a Resolution of the City Council of the City of Yucaipa, California, Declaring its Intention to Hold a Public Hearing to Adopt a Report of Delinquent Solid Waste Charges and Directing the City Clerk to File Said Report With the County of San Bernardino for Inclusion of Such Charges on the Property Tax Rolls as a Special Assessment
RECOMMENDATION:
That City Council adopt Resolution No. 2023-12, a Resolution of the City Council of the City of Yucaipa, California, Declaring its Intention to Hold a Public Hearing to Adopt a Report of Delinquent Solid Waste Charges and Directing the City Clerk to File Said Report With the County of San Bernardino for Inclusion of Such Charges on the Property Tax Rolls as a Special Assessment
BACKGROUND/DISCUSSION:
In 1993, the City of Yucaipa entered into an agreement with Yucaipa Disposal, Inc., a California corporation for the collection, transportation, recycling, composting, and disposal of solid waste in the City of Yucaipa. Due to the need for the City to be in compliance with AB 939, mandatory trash collection was implemented citywide. Therefore, it was necessary to develop appropriate methods whereby delinquent accounts are brought into compliance.
On June 27, 1994, the City Council adopted Resolution No. 94-18, providing for the collection of solid waste delinquent accounts through liens on real property. On March 27, 1995, the City Council adopted Ordinance No. 139, amending Ordinance No. 119, governing the Solid Waste Franchise Agreement, adding a section for the creation of liens as a source for collection. The annual lien process includes the notification of impacted property owners as well as the conducting of a public hearing. The Public Hearing for the consideration of the delinquent accounts is scheduled to be held on June 26, 2023.
Yucaipa Disposal has indicated that the current proposed lien list represents all delinquent cases where the property owner has been made aware of the mandatory service or was the person 52 subscribing for the service. In addition to the regular billing process, each property owner and service subscriber appearing on the proposed lien list will receive a letter describing the status of their account and notice of the public hearing date. It is anticipated that the preliminary 2022-2023 delinquent list will include approximately 95 accounts (35 commercial / 60 residential & multi- family), which is a reduction of approximately 13% from the previous year 2021/2022 preliminary delinquent number was 110 (35 commercial / 75 residential & multi -family). However, it is likely that the number of accounts on the list will be reduced as property owners satisfy the delinquencies prior to the final lien listing.
At the City Council meeting of June 26, 2023, staff will present the final lien list for certification.
Any property owner who has not made appropriate arrangements for payment with Yucaipa Disposal will be included on this list. However, to provide every opportunity for the property owner to satisfy the delinquency, the deadline for making any such arrangements directly with Yucaipa Disposal will be 5:00 p.m. on or before August 21, 2023. This will accommodate those cases that may not be resolved in the property owner's favor at the final protest hearing.
FISCAL IMPACT:
The direct costs associated with collecting delinquent accounts through the lien provision are borne by Yucaipa Disposal. In addition, the City will receive the amount of $6 per delinquent account recovered by the lien process. This revenue will offset the administrative expenses incurred by the City for processing the delinquent payments. There is no further fiscal impact.
Attachments: 1. Resolution No. 2023-12
2. Notice of Public Hearing
Approved by:
53 RESOLUTION NO.2023-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, DECLARING ITS INTENTION TO HOLD A PUBLIC
HEARING TO ADOPT A REPORT OF DELINQUENT SOLID WASTE
CHARGES AND DIRECTING THE CITY CLERK TO FILE SAID
REPORT WITH THE COUNTY OF SAN BERNARDINO FOR INCLUSION
OF SUCH CHARGES ON THE PROPERTY TAX ROLLS AS A SPECIAL
ASSESSMENT
WHEREAS, Resolution No. 94-18 provides for collection of solid waste delinquent accounts through liens on real property, and further by annually forwarding amounts remaining unpaid to the County of San Bernardino for addition to the property tax rolls as a special assessment; and
WHEREAS, the City Council will hold a public hearing on the certified solid waste delinquent lien list on June 26, 2023, whereby any and all persons having objections to the assessment may appear and show cause why said assessment should not be levied.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
Section 1. The Assessment shall be collected at the time and in the same manner as County taxes are collected.
Section 2. A report shall be filed with City Council which shall annually conduct a hearing at which each delinquent party shall have an opportunity to protest and explain why their delinquency should not appear on the list to be certified.
Section 3. The hearing for fiscal year 2023-2024 assessments will be held on the 26th day of June 2023, at the hour of 6:00 p.m., in the City Council Chambers at 34272 Yucaipa Boulevard, in the City of Yucaipa, and any and all persons having any objections to the assessment may appear and show cause why said assessment should not be levied.
Section 4. The notice shall be published at least ten days prior to the date of the hearing.
PASSED, APPROVED, and ADOPTED this 22nd day of May, 2023.
ATTEST:
Ana V. Sauseda, CMC
City Clerk
Justin Beaver, Mayor
54 ATTACHMENT 2
City of Yucaipa
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Yucaipa will hold a public hearing on the date and time indicated below to receive and consider the statements of all persons who wish to be heard relative to the subject listed below.
DATE/TIME June 26, 2023, 6:00 p.m.
LOCATION: Yucaipa City Council Chambers, 34272 Yucaipa Boulevard, Yucaipa, CA
SUBJECT: TO FORWARD AMOUNTS REMAINING UNPAID ON THE
CERTIFIED SOLID WASTE LIEN LIST TO THE COUNTY OF
SAN BERNARDINO FOR ADDITION TO THE 2023-2024
PROPERTY TAX ROLLS AS A SPECIAL ASSESSMENT.
Ana V. Sauseda, CMC
Director of General Services/City Clerk
Publication: June 2, 2023 and June 9, 2023; Yucaipa News -Mirror 55