HomeMy WebLinkAbout5/17/2000 - STAFF REPORTS (13) DATE: May 17, 2000
TO: City Council
FROM: Director of Finance and Treasurer
DELINQUENT WASTE DISPOSAL SERVICES
RECOMMENDATION:
It is recommended that Council adopt a resolution placing delinquent waste disposal
services accounts for the fiscal year ending June 30, 2000 on the Riverside County
property tax rolls. The purpose of this action is to provide a more efficient means of
collecting delinquent accounts.
BACKGROUND:
Trash collection was contracted out to Palm Springs Disposal Services, Inc. (PSDS) in
1972. The Company is required to continue collection even if it has not been paid for
service. The resultant bad debts represent a significant and ongoing problem.
Placing delinquent waste disposal accounts on the tax rolls was first authorized by City
Council on April 1, 1981. This method of collection has been most successful in collecting
bad debts.
The accounts identified by PSDS as delinquent were notified by letter accompanying their
bi-monthly billing for March and April, 2000. A total of 1050 accounts were notified.
Anyone with questions, or anyone contesting the billing, was advised to contact PSDS.
Through April 30, 2000, they had received 68 inquiries on this issue. Of the 1050 notices
sent, 102 have made full or partial payment. The remaining 897 accounts total
$312,356.77.
The procedure for placing delinquent accounts on the County's tax rolls requires that, after
two publications of notice in two successive weeks, a public hearing be held on the matter.
A list of all affected properties (prepared by Palm Springs Disposal, Inc., and reviewed by
the City's Audit staff) is on file with the City Clerk. Upon adoption of a resolution
authorizing this manner of collection, the City will provide the necessary information to the
County Auditor-Controller. The information provided to the County will be updated with
payments, credits and any other adjustments through June 30, 2000. (See attached
copies of the notice sent to delinquent accounts,the affidavit of mailing, and the published
notice.)
The amounts collected by the County will be remitted to the City. PSDS has agreed to pay
10% of the total collections as reimbursement for City expenses in providing this service.
Forthe current fiscal year,that percentage will yield about$25,000. The charge for waste
disposal is not a tax, but a user fee. If some of these charges become uncollectible, then
the fees of all other users must ultimately rise in order to cover the losses.
The method of collection outlined in this report ensures a more equitable sharing of the
costs.
APPROVED BY SUBMITTED BY
Dallas J. Flicek Thomas M. Kanarr
Interim City Manager Director of Finance & Treasurer
Attachments: 1. Resolution
2. Notice of Filing Report 10A
3. Customer Notice of Public Hearing
4. Published Public Hearing Notice
I,Barbara Robertson, declare as follows: I inn an employee of Palm Springs Disposal Services, over the age
of 18. My business address is 4690 East Mesquite Avenue, P.O. Box 2711, Palm Springs, California,
92263-2711. On April 13,2000, I served the attached NOTICE OF FILING REPORT AND NOTICE OF
HEARING RE: COLLECTION OF DELINQUENT WASTE DISPOSAL CHARGES WITH GENERAL
TAXES by placing a copy thereof;postage prepaid, in an envelope addressed to each of the persons listed
and at the addresses shown on that certain document entitled"List Commercial Tax Roll Candidates for
2000 Tax Year" and"List Residential Tax Roll Candidates for 2000 Tax Year", a copy of which is on file
with the Audit Division, Finance Department, City of Palm Springs, CA, and placed each of said envelopes
for mailing in the United States Post Office at Palm Springs, California
I declare under penalty of perjury that the foregoing is true and correct
Executed at Palm Springs, California on May 1, 2000
(Signature)
IDAQw
TAM,OLLAFFYS00
Palm 5pz iugs Disposal ScrviCCS 4690 East Mesquite Avenue
P O Box 2711
Palm Springs, CA 92263-2711
Telephone: (760)327-1351
Fax: (760)323-5132
April 5, 2000
NOTICE OF PUBLIC HEARING
Dear Customer and/or Real Property Owner:
The statement for the trash service has been mailed separately, Our records
show a past due amount on the account. Please refer to the statement for the
past due amount. Payment must be made to our remittance address by 4/24/00.
Please use the remittance stub and remittance envelope provided in the statement
billing.
If you have any questions about the account, please call our office at the number
above.
NOTICE: Pursuant to Government Code 25831, a report will be filed with the Palm
Springs City Clerk seeking to have unpaid arrears transferred to the property tax
rolls for collection. As required by law, no transfer can occur until after a public
hearing by the Palm Springs City Council.
The public hearing will be held on Wednesday, May 17, 2000, at 7:00 PM at the
City Council Chamber, 3200 Tahquitz Canyon Way, Palm Springs, California.
io*43
Trap .,mr -COPS
NOTICE OF FILING REPORT
AND NOTICE OF HEARING
RE: COLLECTION OF DELINQUENT
RESIDENTIAL WASTE DISPOSAL CHARGES
WITH GENERAL TAXES
NOTICE IS HEREBY GIVEN that, pursuant to Health and Safety Code Section 5473 and
Government Code Section 25831, a written report has been filed with the City Clerk of the
City of Palm Springs, containing a description of each parcel of real property receiving
waste disposal service for which payment is delinquent and containing the amount of
delinquent waste disposal service charges foreach such parcel for the period ending June
30, 2000 computed in conformity with the charges prescribed by Section 6,04.200 of the
Municipal Code of the City of Palm Springs.
You are further notified that the City Council of the City of Palm Springs will hold a public
hearing on Wednesday, May 17, 2000, at 7:00 PM, or as soon thereafter as the matter
may be heard, in the City Council Chamber, 3200 Tahquitz Canyon Way, Palm Springs,
California.
The purpose of said hearing is to determine whether the delinquent residential waste
disposal charges described in said report shall be collected on the tax roll in the same
manner, by the same person, and at the same time as, together with and not separately
from, the general taxes of the City of Palm Springs. This means that if the delinquent
charges are not timely paid, they may be assessed against the property and collected as
a tax lien.
All interested persons are invited to attend said hearing, and all persons who would be
affected thereby shall have the right to appear at said hearing and to file any and all
objections they may have to the collection of such charges on the tax roll.
For any additional information, contact Thomas M. Kanarr, Director of Finance and
Treasurer, 3200 Tahquitz Canyon Way, Palm Springs, California 92262; (760) 323-8229.
PATRICIA A. SANDERS
City Clerk
Publish: The Desert Sun
April 28 and May 5, 2000
PROOF OF PUBLICATION This is space for County Clerk's Film-,Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside
I am a citizen of the United States and a resident of Proof of Publication of _
the County aforesaid;I am over the age of eighteen ---- - _ - -- _ -
years,and not a party to or interested in the No.4700 CITY OF PALM SPRINGS
REPORT
above-entitled matter.I am the principal clerk of a NANTDONOTICEI OF LIN HEARING
printer o UIILISHING DI RE: COLLECTION DELINQUENT
Pit f the,DESERT SUN P RESIDENTIAL WASTE DISPOSAL CHARGES
COMPANY a newspaper of general Circulation, WITH GENERAL TAXES
NOTICE IS HEREBY GIVEN that, pursuant to
printed and published in the City of Palm Springs, Health and Safety Code ernment Code Section 25831 Secton a w 5tleri report has
,
County of Riverside,and which newspaper has been been filed with the City Clerk of the City or Palm
adjudged a newspaper of general circulation b the finlrings, containing a description s is each payee!
g y of real property rg a waste disposal seance
Superior Court of the County of Riverside,State of for which payment is delmque d and containing
the amount of delinquent waste d'sPosol service
California under the date of March 24,1988.Case charges for each such pa'cel far the ppened end-
mg June 30, 2000 computed in con fo'mdy with
Number 191236;that the notice,of which the the charges prescribed by Section 6 04,200 If the
annexed is a printed co set in a not smaller You are Code of the Crty of Palm,Springs.
p copy( type You are further notified that the fly CLA c lean of
the City of Palm Say 17,will 0, at 7 00 PM Cori as
than non panel,has been published in each regular on Wednesday, May f7, 2000,
and entire issue of said newspaper and not in any soon thereafter as the matter may be heard, in
the it Caunal Chamber,3200 Tahqu'tz Canyon
su lement thereof on the followin dates,to wit: way, aim Springs,
of said hearin cai'farna.
PP g The pug 's to determine
whether the delinquent residential waste disposal
charges described in said report shall be collect-
April 28th,May$th ad on the tax roll in the same manner, by the
_--__� - - - same lPc lsai;, and st the same time as loxes of
__—____—_____—__-___________�_____.._ the eneral taxes of _
the and not separately s.from, rneans that if the
the Gu t Palm Springs. the may
be
charges are not timely paid, y
be assessed against the property and collected
as a tax hen.
All interestedfnt 9rean d ell Persons wons are ho(would bed to eaffected
All In the year 2000 thereby shall have the right to appear at said
hearin and to tile ectione they
may have to the collection of such cy elect all harges on the
I certify(or declare)under.penalty,of perjury that the tax hell. contact Thomas
For any addd''enal Of
foregoing is trite and Correct. M Kan arr, Director of Flnyance and Treasurer,
th 3200 TahquItz Ooaanyo3 s2Z9. Palm Springs,
$ forn'a 922 2; ( ) PATRICIA A. SANDERS
Dated at Palm Springs,California this----It ' y`'i
erk
May Pll May
Bt April 28, 5, 2000
of--'---'----------------------,2000
-------------------
Signature
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA,
DETERMINING CERTAIN WASTE
DISPOSAL ACCOUNTS TO BE
DELINQUENT AND DIRECTING THAT
SAID ACCOUNTS BE PLACED ON THE
TAX ROLL.
WHEREAS Palm Springs Disposal Services, Inc. rates are established by resolution of
the City Council pursuant to Section 6.04.190 of the Palm Springs Municipal Code; and
WHEREAS Palm Springs Disposal Services, Inc. billing policies and procedures are
established in Agreement#3082, as amended from time to time, and
WHEREAS it would be contrary to public health and welfare to discontinue waste
disposal service where residents become delinquent in paying their accounts, and
therefore Palm Springs Municipal Code Section 6.04.200 provides for mandatory trash
service and the Agreement mandates continued waste disposal services by Palm
Springs Disposal in all circumstances; and
WHEREAS Government Code Section 38790.1 authorizes and Government Code
Section 25831 provides procedures for a waste disposal charge collected on the tax roll
in the same manner, by the same person, and at the same time, together with, and not
separately from, its general taxes; and
WHEREAS the Agreement provides in Section 8.4 that in lieu of Palm Springs Disposal
discontinuing service where accounts become delinquent, the City of Palm Springs has
agreed that the collection of delinquent Palm Springs Disposal Services, Inc. charges
shall, after public hearing thereon, be made in the same manner, and at the same time,
as collection of ad valorem tax assessments; and
WHEREAS the City Council, on May 17,2000, held a duly noticed public hearing on the
delinquent accounts, heard all protests thereto, and found that said accounts were
delinquent and should be placed on the tax roll to be collected as ad valorem tax
assessments, as provided in Section 6.04.215 of the Palm Springs Municipal Code.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs
as follows:
Section 1. The City of Palm Springs hereby elects to have delinquent waste
disposal charges as of June 30, 2000 as specifically identified in the
staff report, collected on the tax rolls in the same manner by the same
person, and at the same time together with and not separately from, its
general taxes.
Section 2. That Section 6.04.200 of the Palm Springs Municipal Code provides that /oB
trash collection service is mandatory and the City Council hereby finds
that the collection of the delinquent waste disposal charges, together
with general taxes, is in the best interest of the health and welfare of the
users and the City of Palm Springs.
Resolution No.
Page 2
Section 3. That the cost of delinquent waste disposal charges for each parcel of
land shall constitute a special assessment against that parcel and shall
be a lien on such parcel of land, in accordance with the provisions of the
Government Code of the State of California, Health and Safety Code of
the State of California, and pursuant to Section 6.04.215 of the Palm
Springs Municipal Code.
ADOPTED this day of , 2000.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED &APPROVED as to form