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MINUTES Page 2 City of San Leandro City Council, San Leandro Hillside Geologic Hazard Abatement District, and San Leandro Redevelopment Agency Joint Meeting~July 16,2007 A. Matter of Imposing Liens for Non-Payment of Delinquent Solid Waste Service Charges, Alarm Response Fees, Code Violation Penalties and/or Weed Abatement Charges, and 2007 Business License and West San Leandro Shuttle Business Improvement District (BID) Fees (permits the City to place delinquent charges on the applicable fiscal year 2007 -08 Alameda County secured property tax roll). This being the time and place for the Public Hearing on the above matter, City Manager Jermanis provided background on the matter and introduced Finance Director Jesse Baloca. Mr. Baloca provided an updated list of properties to be liened and reviewed the updated list with the Council. He indicated that the City has received a substantial number of payments in the past week, and the total due to the City is about $181,000. Mr. Baloca pointed out that alarm fees are a new item. The Finance Department will continue to receive payments, and the list will be finalized and submitted to the County by early August for assessment on the property tax roll. Councilmember Starosciak asked when the payments would show up on the tax roll. Mr. Baloca indicated that payments would be due and payable in the 2007-08 tax year. Vice Mayor Grant commented on the businesses that receive funding from the City, stating that those businesses should not be on the list. Mr. J ermanis indicated that the economic assistance agreements state that the businesses will keep fee payments, licenses and permits up to date. Councilmember Souza asked if the list reflects only current year's fees in arrears or if the fees accumulate over more than one year. Mr. Baloca stated that the alarm fees are a cumulative total over two or three years. The delinquent business license fees that were discovered during MBIA's audit of businesses may also go back more than a year. Councilmember Souza asked what percentage of the fees the City receives. Mr. Baloca indicated that while the County charges a fee for administration, the City imposes its own administrative fee, and the percentage recovered is almost 100%. The Hearing was then opened to the public. Sid Berenstein, owner of commercial property at 2400 Teagarden, addressed the City Council, commenting that property owners whose tenants are delinquent in their fee payments need adequate lead time in order to collect the fees from their tenants. Mr. Berenstein commented that he has less leverage to collect the delinquent fee once the property has been liened. Mr. Jermanis commented on the assumption that once the property owner is notified that their tenant is in default, there is an opportunity for the landlord to exert pressure on the tenant through the lease agreement to pay the fee. Mr. Jermanis asked Mr. Berenstein if he had an opportunity through his lease agreement to collect from his tenant. Mr. Berenstein replied that he received the notice of hearing about three weeks ago, which did not give him adequate opportunity to provide the tenant with legal notification and his opportunity to cure as required by state law. Mr. Baloca reviewed