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File #: 20-527    Version: 1 Name: FY2020/21 Garbage Lien Hearings
Type: Resolution Status: Regular Calendar
In control: General Services
On agenda: 7/28/2020 Final action: 7/28/2020
Title: Conduct a public hearing to consider adopting resolutions confirming Reports on Delinquent Garbage Accounts for mandatory garbage collection, disposal and recycling services in the unincorporated areas of Fairfield, Suisun, Vallejo, Rio Vista, Vacaville, Dixon, and Elmira, approving a $62 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 FY2020/21 property tax roll, and authorizing the Department of General Services to record a Release of Lien when delinquent amounts are paid
District: All
Attachments: 1. A - Resolution - Fairfield Suisun, 2. A-1 Lien List Fairfield Susuin Unincorp, 3. B - Resolution - Vallejo, 4. B-1 Lien List Recology Vallejo-American Canyon Vallejo Unincorp, 5. C - Resolution - Vacaville Dixon Elmira, 6. C-1 Lien List Recology Vacaville Elmira Dixon Unicorp, 7. D - Resolution - Rio Vista, 8. D-1 Lien List Rio Vista Sanitation Rio Vista, 9. Adopted Resolution - Fairfield-Suisun, 10. Adopted Resolution - Rio Vista, 11. Adopted Resolution - Vacaville-Elmira-Dixon, 12. Adopted Resolution - Vallejo-American Canyon Uninc, 13. Minute Order

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Conduct a public hearing to consider adopting resolutions confirming Reports on Delinquent Garbage Accounts for mandatory garbage collection, disposal and recycling services in the unincorporated areas of Fairfield, Suisun, Vallejo, Rio Vista, Vacaville, Dixon, and Elmira, approving a $62 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 FY2020/21 property tax roll, and authorizing the Department of General Services to record a Release of Lien when delinquent amounts are paid

 

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Published Notice Required?     Yes __X__ No _ _  

Public Hearing Required?         Yes __X__ No _ _

 

DEPARTMENTAL RECOMMENDATION:

 

The Department of General Services recommends that the Board of Supervisors:

 

1.                     Receive a report on Delinquent Garbage Accounts;

 

2.                     Conduct a public hearing to allow any public comments, objections or protests;

 

3.                     Make any revisions or corrections to the delinquent accounts as reported and as appropriate; and

 

4.                     Adopt the following Resolutions:

 

a)                     Resolution confirming Report on Delinquent Garbage Accounts for the unincorporated areas of Fairfield and Suisun (Attachment A), approving a $62 administration fee, and authorizing and directing staff in accordance with the resolution;

b)                     Resolution confirming Report on Delinquent Garbage Accounts for the unincorporated areas of Vallejo (Attachment B), approving a $62 administration fee, and authorizing and directing staff in accordance with the resolution;

c)                     Resolution confirming Report on Delinquent Garbage Accounts for the unincorporated areas of Vacaville, Dixon and Elmira (Attachment C), approving a $62 administration fee, and authorizing and directing staff in accordance with the resolution.

d)                     Resolution confirming Report on Delinquent Garbage Accounts for the unincorporated area Rio Vista (Attachment D), approving a $62 administration fee, and authorizing and directing staff in accordance with the resolution.

 

SUMMARY:

 

In accordance with service agreements between the County and garbage collection companies, including Recology, Mt. Diablo Resource Recovery and Solano Garbage Company (Republic Services); the companies provide mandatory garbage collection, disposal and recycling services for homeowners and customers in the unincorporated areas of the County surrounding the cities of Vacaville, Dixon, Elmira, Rio Vista, Vallejo, Fairfield and Suisun.  The Solano County Code (Section 23-72) allows the garbage collection companies to annually assign accounts that are delinquent for more than 60 days to the County for collection.  On June 23, 2020 the Board of Supervisors approved a public hearing date of July 28, 2020 to consider adopting resolutions confirming Delinquent Garbage Accounts and for the collection of delinquent amounts for property liens.

 

The Clerk of the Board published a notice of public hearing by the Board of Supervisors on July 28, 2020 in the Fairfield Daily Republic, the Vacaville Reporter, and the Vallejo Times Herald at a minimum of 10 days prior to the hearing date. A notice of the public hearing was also mailed directly to each delinquent account holder.

 

FINANCIAL IMPACT:

 

The collection of delinquent fees will be remitted to Recology, Mt. Diablo Resource Recovery and Solano Garbage Company (Republic Services) while a $62 administration charge per account will be transferred to the County General Services Department for processing the delinquent fees, including the release of liens once delinquent amounts are paid by each account holder. The costs associated with preparing the agenda item are nominal and absorbed by the department’s FY2020/21 Preliminary Budget.

 

DISCUSSION:

 

Recology provides collection services in the unincorporated areas of Vallejo, Vacaville, Dixon and Elmira. Mt. Diablo Resource Recovery provides collection services in the unincorporated area of Rio Vista and Solano Garbage Company (Republic Services) provides collection services in the unincorporated areas of Fairfield and Suisun. A public hearing to confirm Reports of Delinquent Garbage Accounts is required pursuant to County contractual obligations with the garbage collection companies; as well as California Government Code (Section 25831) and Solano County Code Section 23-72. The Board of Supervisors must provide an opportunity for comment, objections or protests by the public and delinquent account holders and to confirm the Report of Delinquent Garbage Accounts Report attached to this report and included with each recommended resolution. The Board may also make any revisions or corrections as deemed appropriate. 

 

Adoption of the recommended resolutions (Attachments A, B, C and D) confirm Reports of Delinquent Garbage Accounts for Fairfield and Suisun; Vallejo; Vacaville, Dixon, and Elmira; and Rio Vista. Each resolution also approves a $62 administrative charge for lien processing; directs the Clerk of the Board to file certified copies of each resolution with the County Recorder for the placement of liens against each property associated with the delinquent accounts; authorizes the County Auditor-Controller to impose the delinquent fees and administrative charges as special assessments on the FY2020/21 property tax roll; and authorizes the Department of General Services to record a Release of Lien when delinquent amounts are paid.  The confirmed Reports of Delinquent Garbage Accounts will be submitted to the Auditor-Controller’s Office by August 10, 2020 to impose the delinquent fees and administrative charges as special assessments on the FY2020/21 property tax roll.

 

ALTERNATIVES:

 

The Board could choose not to adopt the resolutions confirming delinquent garbage service accounts. This alternative is not recommended given the County’s contractual obligations and Solano County Code Section 23-72. Additionally, requests to impose special assessments for FY2020/21 must be received by the County Auditor-Controller’s Office by August 10, 2020. 

 

OTHER AGENCY INVOLVEMENT:

 

Recology, Mt. Diablo Resource Recovery, and the Solano Garbage Company (Republic Services) provided Reports of Delinquent Garbage Accounts to the County. County Counsel reviewed the recommended resolutions. The Auditor-Controller’s Office has notified the General Services Department of the deadline to include special assessments for the FY2020/21 real property tax roll.

 

CAO RECOMMENDATION:

 

APPROVE DEPARTMENTAL RECOMMENDATION