File #: 2021-960   
Type: Regular Agenda Item
Body: City Council
On agenda: 7/6/2021
Title: Public Hearing to Consider Collection of Delinquent Integrated Waste Management Accounts via Property Tax Bills. (Public Works 02741) [Not heard on June 15, 2021]
Attachments: 1. Exhibit 1 - 2021 Lien List

Title

 

Public Hearing to Consider Collection of Delinquent Integrated Waste Management Accounts via Property Tax Bills. (Public Works 02741) [Not heard on June 15, 2021]

 

Body

 

To: Honorable Mayor and Members of the City Council

 

EXECUTIVE SUMMARY

 

The City of Alameda (City) annually collects delinquent waste management service charges through property tax bills.  The agreement with Alameda County Industries (ACI) provides for the City to do the collection via the property attachment process.  Businesses and residents receive a significant amount of notification of delinquent accounts from the City and ACI prior to collection via the property tax bill.

 

BACKGROUND

 

In accordance with Chapter XXI, Solid Waste and Recycling, Section 21-20.6 of the Alameda Municipal Code (AMC), ACI, the City’s provider of waste and recycling collection services, may assign delinquent Integrated Waste Management (IWM) accounts to the City for collection.  Prior to assigning their rights to the City, ACI is obligated to make at least four attempts to collect the delinquent accounts over a one-year period.

 

If such attempts to collect are ultimately unsuccessful, pursuant to Government Code Sections 38790.1 & 25831, the City has the right to pursue delinquent IWM bills via the property tax attachment process.

 

Staff is recommending including the 24 delinquent IWM bills (see Exhibit 1 - 2021 Lien List) in the property tax attachment process.  These delinquent bills will be processed in order to improve efficiency in the collection of the IWM billing.

 

DISCUSSION

 

As part of the current Franchise Agreement between the City and ACI, the City is obligated to pay ACI for all delinquent accounts.  In accordance with the AMC, the City may send a letter to each account’s property owner requesting payment, and if not promptly received, the City can collect delinquent accounts through their property tax bills at a noticed public hearing.

 

Property owners are notified by the City three times by mail: once following the City’s receipt of the list of delinquent accounts from ACI, and twice after the City Council sets the hearing date to consider collecting the delinquent amount plus City fees through the tax roll.  Included with the notices is contact information written in the six most commonly spoken languages within the city.  On June 30, 2021, all unpaid fees will be recorded on the Alameda County tax roll for July 2021.  Property owners are also notified that those with continuing financial hardship may set up a payment plan with the City’s Finance Department in advance of the delinquent account being attached to the property tax roll.

 

To be consistent with City Council’s direction, property owners' payments will be accepted through June 30, 2021.  Those property owners for which delinquent accounts are paid will not be placed on the tax roll.

 

ALTERNATIVES

 

                     Collect delinquent IWM accounts via property tax bills.  This is consistent with past practice.

                     The City Council may consider liening the properties only for the delinquent amounts without adding interest and penalties.  This would require the outstanding interest and penalties to be collected by ACI.

 

FINANCIAL IMPACT

 

Under City Council direction, delinquent IWM fees may continue to be collected until the close of business on June 30, 2021, so as to be consistent with the business license tax final day of acceptance.  This will be the final day of acceptance of unsettled IWM fees.

 

As of May 10, 2021, there were 24 unpaid IWM accounts amounting to $13,127.42 (Exhibit 1).  Balances are inclusive of late fees and processing fees.

 

Staff will provide the City Council with an updated list prior to opening the public hearing to ensure that those who no longer have a delinquent account do not have a lien placed on their property tax bill.

 

MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE

 

The City is authorized to place a lien on the property of a delinquent IWM customer pursuant to AMC Subsection 21-20.6 (b), Government Code Sections 38790.1 and 25831.

 

ENVIRONMENTAL REVIEW

 

This activity is not a project and is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15378 (b)(4) of the CEQA Guidelines, because it involves governmental fiscal activities (collection of delinquent IWM fees), which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

 

CLIMATE IMPACTS

 

There are no climate impacts from levying delinquent integrated waste management charges on property tax bills.

 

RECOMMENDATION

 

Consider collection of delinquent integrated waste management accounts via property tax bills.

 

CITY MANAGER RECOMMENDATION

 

The City Manager recommends that the City Council consider authorizing placing the collection of delinquent integrated waste management accounts via property tax bills.

 

Respectfully submitted,

Erin Smith, Public Works Director

 

By,

Liz Acord, Public Works Coordinator

 

Financial Impact section reviewed,

Annie To, Finance Director

 

Exhibit:

1.      2021 Lien List

 

cc:                     Eric Levitt, City Manager