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Home My WebLink About6.2 Admin Fee Mandatory Garbage Program r s i CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 14, 1992 SUBJECT: Establishment of Administrative Fee applied under the Mandatory Garbage Program. 0 (Prepared by: Bo Barker, Management Assistant) EXHIBITS ATTACHED: Resolution amending the fee schedule RECOMMENDATION: 1. Open Public Hearing 2. Receive Staff Report and any public testimony. 3. Close Public Hearing 4. Deliberate and Adopt the Resolution FINANCIAL STATEMENT: This City fee would offset costs incurred while administering the lien process required under City of Dublin Ordinance 5.32 regarding the Mandatory Garbage Program. Customers who receive a lien will also incur County Recorder costs to eliminate the lien. DESCRIPTION: In March, 1992 the City Council enacted City of Dublin Ordinance 2-92, which requires all residents to subscribe to at least a minimum level of garbage service. This has subsequently been referred to as the Mandatory Garbage Program. The following is a summary of the billing procedure required by the Ordinance, with an example given for the quarterly billing covering the months of July, August and September. Ordinance Procedure 1. Quarterly bills are considered delinquent if they are unpaid for 60 days (i.e. the July, August, September bill is delinquent .on August 31) . 2. A Final Request for Payment cannot be mailed until 30 days after the bill becomes delinquent (i.e. for July - September, this notice cannot be mailed until September 30th) . a. The Final Request for Payment allows the customer 30 days to bring the account current (i.e. a final request for payment prepared October 1 would give the resident until October 30th to bring the account current) . 3 . If there is no response from the customer, Livermore Dublin Disposal (LDD) is entitled to file a Complaint of Non-Payment which begins the City's collection process through a lien. (In the example, the . Company could request the City collect by the lien on November 1 for services rendered in July-September. ) 4. The Company will be allowed to deduct from future franchise payments unpaid amounts which the City pursues through a lien. Under the current LDD billing policies, customers are notified four times over a period of no less than four months that they have an outstanding bill. This is before the lien process begins. Lien Process The following steps will comprise the lien process. 1. LDD files a complaint of non payment per Ordinance 5. 32 and recites the efforts already taken to collect delinquent balances. --------------------------------------------------------------------------- COPIES TO: Dan Bor es LDD General Manager CITY CLERK 4 ITEM NO. 2 FILE 1 181 /� 2 . City mails a courtesy letter, (not required by ordinance) requesting payment within 10 days. 3 . The City begins the lien process by providing the property owner and customer with a 10 day Notice of a Public Hearing. The notice will state the date and time for the City Council Hearing. 4. City Council conducts a public hearing and considers testimony. City Council action is required at the Public Hearing to determine the amount of the lien, if any. Typically the amount recommended by Staff would consist of amount owed for garbage service plus the administrative fee. 5. Once a lien is authorized, Staff proceeds with the lien through the County Recorder and attaches the proposed administrative fee of $25. This is in addition to the amount owed for garbage service. 6. Customers may make payment to the City after the lien is filed. The City would execute a "Lien Release" and transmit it to the property owner. a) If the Property Owner had a Lien Release, it would be their responsibility to file it with the County Recorder. The property owner would pay a $9 . 00 fee to the County to record the release. 7. Once a year, in July, the City would send a report of all unpaid liens to the Tax Assessor. The report would request collection of the delinquent amount plus the administrative fee for unpaid liens on the property tax bill. Staff has estimated the cost to administer the liens based on the hourly rates, including benefits, of the positions performing those functions. It was calculated that the actual cost of administering the liens would be $26.94/lien. Staff proposes an Administrative Fee of $25 be instituted to cover the costs associated with administering the lien process. The Administrative Fee will not be applied prior to the determination by the City Council at a Public Hearing. Residents will have the opportunity to present testimony to the City Council at the hearing prior to a lien being applied to their property. The final determination of the amount of any lien is the responsibility of the City Council. As required by State Law, a Public notice regarding the proposed adoption of the fee has been published twice. Staff has recommended that this fee be added to the Resolution which establishes General Fees for various municipal services. It is necessary for the City Council to conduct a hearing and accept public testimony prior to adopting the proposed fee. Recommendation: The City Council adopt the Resolution amending the fee schedule to include a $25 charge for the administration of liens for Delinquent Garbage Accounts relating, to the Mandatory Garbage Program. BB/a:A9mdfee.doc.bo#3 W RESOLUTION NO. - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING EXHIBIT 7 OF RESOLUTION NO. 96 - 84 ADOPTING FEES FOR CERTAIN MUNICIPAL SERVICES WHEREAS, the City Council of the City of Dublin has adopted fees for certain municipal services; and WHEREAS, Resolution 96-84, Exhibit 7 establishes fees, charges and bond amendments for services and was adopted on August 27, 1984; and WHEREAS, the purpose of this resolution is to consolidate previous amendments to Exhibit 7 under one document; and WHEREAS, the amendments to Exhibit 7 include: Resolution 118-90 - Municipal Code charges and Business Registration. Resolution 12-92 - Changing fees for agenda, copies and other documents. Resolution 102-92, changing copy fees; and WHEREAS, in addition to consolidating the charges for other services, the City Council is adopting a new administrative fee; and WHEREAS, the new administrative fee will be charged to customers of Livermore Dublin Disposal who are delinquent in their payment requiring the City to process a lien on the property; and WHEREAS, the administrative fee is implemented to recover costs incurred by staff in the administration of the liens; and WHEREAS, a noticed public hearing was held by the City Council on December 14 , 1992 as the City desires to modify the fee schedule for certain municipal services. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Dublin does hereby approve a $25 fee for the administration of liens relating to Mandatory Garbage Service as shown on the attached Exhibit 7. BE IT FURTHER RESOLVED, the City Council consolidates all previous amendments to Exhibit 7 relating to fees for services which are incorporated in Attachment A attached herto and by reference made a part hereof. PASSED, APPROVED AND ADOPTED this 14th day of December, 1992 AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Exhibit 7 (As Revised December 14, 1992) The following fees incorporate all amendments to Exhibit 7 of Resolution 96-84 . DUBLIN MUNICIPAL CODE Dublin Municipal Code (in binder) - $210. 00 Dublin Municipal Code (w/o binder) - $190. 00 Annual Update Fee - $25. 00 Mailing Charges - Actual costs incurred BUSINESS REGISTRATION (ANNUAL) General Business $50. 00 Itinerant Business $10. 00 per day Temporary Places of Sale $10. 00 per day Duplicate Business License $25. 00 Change of Ownership or Location $50. 00 * Limited to a maximum fee of $50. per calendar year annual Business Registration Fees may be prorated, as authorized in the Ordinance related to Registering Businesses. (No. 10-90) DOCUMENTS Annual Budget Document $10 per copy + postage Annual Capital Improvement Program Document $10 per copy + postage Maps Cost Plans and Specifications Cost Aerial Photographs Cost Other Printed Documents Cost OTHER GENERAL SERVICES Photo Copies $1 for 1st page, $. 10 thereafter Certification of Official City Records $5 per request (+ copies) Receipt of City Council Agendas $40 per year Receipt of Planning Commission Agendas $30 per year Receipt of Park & Recreation Commission $18 t:r :t:a.oza. v: :::;a, ens:............................................... ...... i .. c 7tt.................... .:.:::::::::::............ . :::..::...........::::::: :.:..:...................::.:::: ::::..........................::.:::.:::..:.. . . .........:.:::..:::::.::.....................:.:::::::::::::::.. 27:�a inquen ... arbag�a... ount ::..<>:«>::::». ........ ;»>::>:::>:»::;:>.>::::::::.::::::::::::::::.:::.:::::::::::.:...:........................................... Attachment A