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Time Set # 42.
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| Board of Supervisors |
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| Subject |
| Hold a public hearing and adopt resolution confirming the report of delinquent residential solid waste accounts. (No general fund impact) (Echiburu/Juhler) |
| Recommended Action |
- Hold a public hearing;
- Adopt resolution confirming the report of delinquent residential solid waste accounts; and
- Direct the Yolo County Tax Collector to collect the amounts described in the report for the affected properties on the tax roll in the same manner as property taxes.
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| Strategic Plan Goal(s) |
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Sustainable Environment |
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County Mandated Service |
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| Reason for Recommended Action/Background |
This annual public hearing allows those property owners with delinquent Waste Management, Inc. (WM) and Recology Davis, Inc. (Recology) residential solid waste accounts (for services including garbage, recycling, green waste and bulky item collection and disposal) to address the Board of Supervisors prior to the attachment of a lien against their property. Three parcels are located in District 1, twelve parcels are located in District 3, and 62 parcels are located in District 5. There are no parcels in District 2 or 4 on the 2020 lien list.
In 2019, the County negotiated new Franchise Agreements for solid waste services with WM and Recology. Under Agreement No. 19-248 (WM) and 19-249 (Recology), WM and Recology assume all billing responsibilities for solid waste services to customers in the unincorporated County. The language of these agreements and the corresponding Ordinance No. 1378 grant WM and Recology the ability to file property liens to recover delinquent accounts for any residential customer that has not paid for 365 days or more. Before filing a lien with the County, a Public Hearing must be held to allow protests of the proposed liens. The Public Hearing is scheduled for July 21, 2020 at 9:00 a.m..
In 2019, under the then existing 2008 Solid Waste Franchise Agreements, WM and Recology provided regular notice to their customers through billing statements, alerting all customers with overdue accounts of the potential to lien. As shown in Attachment C, procedures for the lien are extensive and involve the franchise haulers, the Division of Integrated Waste Management and the Department of Financial Services. This process was initiated by the haulers last November however they will not receive payment from this year's lien until July of 2021. WM bills on an every other month cycle, therefore WM customers have received 6 notices. Recology bills on a quarterly basis so those customers received 4 notices. In addition, the County initiates a 90-day and 30-day notice prior to the Public Hearing Notice being mailed direct to each home owner.
Division staff responded to numerous customer phone calls. Many of the potential lien customers have unique circumstances and questions, which require staff to follow up with the appropriate hauler regarding each customer's billing, payment, and service histories. In some instances, County staff and the haulers conduct site visits to confirm occupancy. Evidence of this is in Attachment B, where 30 parcels were pulled from the 2019 lien list in order to allow enough time for WM to conducted waste audits to confirm service was being provided. Now that those accounts have been confirmed to have service, their 2019 and 2020 lien amounts are being combined.
Each of the steps above were completed to assure property owners received notification and were allowed ample opportunities to bring their solid waste account into good standing or apply for the Low Income Discount Program offered by the County and/or set up a payment plan with the hauler. As a result, 39 residents were set up with a 20% low income discount, and the original list of 236 delinquent accounts was reduced to 77 properties, as listed in Attachment B. |
| Collaborations (including Board advisory groups and external partner agencies) |
| County Counsel has reviewed and approved the resolution as to form. Division staff internally worked with the Assessors Office and Department of Financial Services and externally with WM and Recology to ensure the process was followed per Agreement No. 19-248 and 19-249, Ordinance No. 1378, and Government Code Section 25828. |
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