HomeMy WebLinkAbout5/16/2001 - STAFF REPORTS (18) DATE: May 16, 2001
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, 2001, on the Riverside County
property tax rolls. The purpose of this action is to provide a more efficient means of
collecting delinquent accounts.
SUMMARY:
Delinquent trash service bills will be placed on the property tax rolls. The County will
collect the charges along with property tax payments, and remit the charges to the City.
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 2001. A total of 896 accounts were notified.
Anyone with questions, or anyone contesting the billing, was advised to contact PSDS.
Through April 30, 2001, they had received 56 inquiries on this issue. Of the 896 notices
sent, 196 have made full or partial payment. The remaining 706 accounts total
$256,903.85.
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, 2001.
(See attached copies of the notice sent to delinquent accounts, the affidavit of mailing,
and the published notice.)
14h
Page 2
Delinquent Waste Disposal Services
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. For the 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
David H. Ready T� Thomas M. Kan/arr
City Manager Director of Finance& Treasurer
Attachments: 1. Resolution
2. Notice of Filing Report
3. Customer Notice of Public Hearing
4. Published Public Hearing Notice
/!.A z
Palm Springs Disposal Services 4690 East Mesquite Avenue
P O Box 2711
Palm Springs,CA 92263-2711
Telephone: (760)327-1351
Fax: (760)323-5132
I. Barbara Robertson, declare as follows I am an employee of Patin 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 6, 2001, 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 All Taxroll Candidates for the City of
Palm Springs as of Tins Date-May 2, 2001" , 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 raider penalty of perjury that the foregoing is true and correct.
Executed at Palm Springs, California on April 10, 2001
J�&4� ZA
(Signature)
TAXROLLAFFPSUI
palm Springs Disposal Services 4690 East Mesquite Avenue
PO Box2711
Palm Springs,CA 92263.2711
Telephone: (760)327-1351
Fax: (760)323-5132
April 5, 2001
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. The account number is on the address label of this mailing.
Payment must be made to our remittance address by 4/24/01. 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, Mav 16, 2001, at 7:00 PM at the
City Council Chamber, 3200 E. Tahquitz Canyon Way, Palm Springs, California
92262.
T,.ns.,ma -01 PS
E ' G?_E iYi /G4 �
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 for each such parcel for the period
ending June 30, 2001 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 16, 2001 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
May 5 and May 11, 2001
Aod 5
Q�h 0tt
PROOF OF PUBLICATION This is space for County Clerk's Piling 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 No 8038
years,and not a party to or interested in the _ CITY OF PALM SPRINGS
- —NOTIGE OF FILING-REPORT— ---
above-entitled matter.I am the principal cleric of a AND NOTICE OF HEARING
RE: OF
printer of the,DESERT SUN PUBLISHING RES DENT ALL W STTE'D S L POSAOUENT CHARGES
COMPANY a newspaper of general circulation, NOTICE IS HEREBY GENE EN Tthat,AXES
pursuant to
P an e c Tinted d published in the of Palm Springs, Health and Safety Code Section 5473 and Gov-
p ernment Code Section 25831,a written report has
County of Riverside,and which newspaper has been been filed with the City Clerk of the City of Palm
Springs, containing a description of each parcel
adjudged a newspaper of general circulation by the of real property receiving waste disposal service
for which payment is delinquent and containing
Superior Court of the County of Riverside,State of the amount of delinquent waste disposal service
California under the date of March 24,1988.Case charges for each such parcel for the ppenact end-
mg one 30, 2001 computed in can fcomity with
Number 191236;that the notice,of which the the charges prescribed by Section 6 04.200 of the
Municipal GOde of the ity of Palm Springs.
annexed is a printed copy(set in type not smaller You are further notified that the City Council of
the City of Palm Springgs will hold a public hearing
than non pariel,has been published in each regular on Wednesday, May 16, 2001 at 7.00 PM, or as
soon thereafter as the matter may be heard, in
and entire issue of said newspaper and not in any the Ci Council chamber,3200 Tahquitz Canyon
Way, fYhlm Springs, California
supplement thereof on the following dates,to wit: The purpose of said hearing is to determine
whether the delinquent residential waste disposal
charges described in said report shall be collect-
May 5th, I lth ed 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,'theyy may
be assessed againstd the property and col acted
-------_------______-----------_-------_____-----------_-------- as a tax lien
All interested persons are invited to attend said
heamg, and all persons who would be affected
All in the year 2001 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
I certifyor declare under penalty of perjury that the tax roll.
( p ty p j ry For any additional.information, contact Thomas
M Kanarr, Director of Finance and Treasurer,
foregoing IS true and correct. 3200 Tahqquitz canyyon wayy, Palm springs, Cah-
14th forma 92262; (760)323-8229.
PATRICIA A. SANDERS
Dated at Palm Springs,California this--------------day City Clerk
PUS: May 5, 11, 2001
May
of-------- 2001
�QC_6 ----
-----------------------------------------------------------------
Signature
RESOLUTION NO. 20052
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 Pahn 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 16, 2001 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
PalmSsprings as follows:
Section 1. The City of Palm Springs hereby elects to have delinquent waste disposal
charges as of June 30, 2001 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.
/44:L
Resolution No. 20052
Page 2
Section 2. That Section 6.04.200 of the Palm Springs Municipal Code provides that
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.
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 16th day of May 12001
AYES: Members Hodges, Reller-Spurgin and Mayor pro tem Oden _
NOES: Member Jones
ABSENT: Mayor Rleindienst
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED & APPROVED as to form
/to ev