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Set July 23, 2019 as a noticed public hearing date to consider adoption of a resolution confirming delinquent accounts for mandatory garbage collection, disposal and recycling services in the unincorporated areas of Vacaville, Dixon, Elmira, Vallejo, Fairfield and Suisun; Approving a $50 administrative charge for lien processing; Directing the Clerk of the Board to file a certified copy of the resolution with the County Recorder; Authorizing the County Auditor-Controller to impose the delinquent fees and administrative charges as special assessments on the FY2019/20 property tax roll; Authorizing the Department of General Services to record a Release of Lien when delinquent amounts are paid; and Direct the Clerk of the Board to publish notices of the public hearing in the Vacaville Reporter, Daily Republic, and Vallejo Times Herald at least 10 days prior to the hearing date
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Department of General Services recommends that the Board of Supervisors:
1. Set July 23, 2019 for a noticed public hearing to consider adoption of a resolution:
a) Confirming delinquent accounts for mandatory garbage collection, disposal and recycling services in the unincorporated areas of Vacaville, Dixon, Elmira, Vallejo, Fairfield and Suisun;
b) Approving a $50 administrative charge for lien processing;
c) Directing the Clerk of the Board to file a certified copy of this resolution with the County Recorder allowing the placement of liens against the parcels contained in the confirmed report of delinquent accounts;
d) Authorizing the County Auditor-Controller to impose the delinquent fees and administrative charges as special assessments on the FY2019/20 property tax roll;
e) Authorizing the Department of General Services to record a Release of Lien when delinquent amounts are paid; and,
2. Direct the Clerk of the Board to publish notices of the public hearing (Attachment A) in the Vacaville Reporter, Daily Republic and Vallejo Times Herald at least 10 days prior to the hearing.
SUMMARY:
In accordance with service agreements between the County and garbage collection companies (Recology, Republic Services and Rio Vista Sanitation Service), the companies provide mandatory garbage collection, disposal and recycling services for homeowners and customers in the unincorporated areas surrounding the cities of Vacaville, Dixon, Elmira, Rio Vista, Vallejo, Fairfield and Suisun. Solano County Code section 23-72 allows the provider of mandatory garbage services to assign accounts that have gone unpaid for more than 60 days to the County for collection. A list of these accounts can be provided to the County once per year during the month of May.
A noticed public hearing is required under California Government Code section 25831. The Board shall hold a public hearing where they shall hear the report of delinquent fees and any objections or protests to the report. The Board may make revisions or corrections to the report as it deems just, after which by resolution, the report shall be confirmed. Adoption of the resolution confirming delinquent garbage accounts at the noticed public hearing will enable the County to place liens on properties with delinquent garbage accounts and collect the unpaid amount plus the $50 administrative charge per account on the property tax bills.
The noticed public hearing date of July 23, 2019 will allow the confirmed report of delinquent accounts to be submitted to the Auditor-Controller’s Office by the August 10, 2019 deadline in order to impose the delinquent fees and administrative charges as special assessments on the FY2019/20 property tax roll.
FINANCIAL IMPACT:
Collection of delinquent fees will be remitted to Recology and Republic Services, while the $50 administration charge per account will be transferred to the General Services, Real Estate Budget Unit 1642, to cover the cost of processing the delinquent fees including the release of liens. These revenues have been included in the FY2019/20 Recommended Budget.
The costs associated with preparing the agenda item are nominal and absorbed by the department’s FY2018/19 Adopted Budget.
DISCUSSION:
Recology, Republic Services and Rio Vista Sanitation Service send delinquency notices to property owners for bills that have not been paid within 30 days of the billing date at which time those accounts become delinquent. Solano County Code section 23-72 requires that these notices be sent within 15 days after the date of the delinquency. Recology, Republic Services and Rio Vista Sanitation Service submit to the County, on an annual basis, current reports of accounts that have gone unpaid for more than 60 days as of May 1st for assignment to the County. In early June of each year, Recology, Republic Services and Rio Vista Sanitation Service send the affected property owners a final delinquency notice by certified mail stating that they can appear before the Board of Supervisors at a noticed public hearing. The recommendation is that the public hearing by the board be set and held on July 23, 2019.
A noticed public hearing to confirm delinquent garbage service accounts is mandatory pursuant to the contractual requirements of the service agreements with Recology, Republic Services and Rio Vista Sanitation Service and with the requirements of California Government Code section 25831, and section 23-72 of the Solano County Code. The Board of Supervisors must hear any objections or protests to the report of delinquent accounts from liable landowners, make any revisions or corrections as deemed appropriate and confirm the report of delinquent accounts by resolution.
At the time of this report, Rio Vista Sanitation Services reported no delinquent accounts, therefore there will be no publication in the River-News Herald.
ALTERNATIVES:
The Board could choose to set another noticed public hearing date to confirm delinquent accounts. This alternative is not recommended since requests to impose special assessments for FY2019/20 must be received by the Auditor-Controller’s Office by August 10, 2019. The hearing date of July 23, 2019 will allow the delivery of the confirmed report of delinquent accounts by the deadline.
OTHER AGENCY INVOLVEMENT:
County Counsel has previously reviewed the lien process for legal sufficiency. The Auditor-Controller’s Office has notified General Services of the deadline to include special assessments for the FY2019/20 real property tax roll being prepared.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION