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°Q`'F°Ra% City Council Staff Report
DATE: May 17, 2017 PUBLIC HEARING
SUBJECT: DELINQUENT WASTE DISPOSAL CHARGES
FROM: David H. Ready, City Manager
BY: Marcus L. Fuller, Assistant City Manager
SUMMARY
All residential properties, in accordance with the Municipal code, must have trash
collection services and pay a mandatory waste disposal fee, unless granted an
exemption from the City. Annually, the City receives a list from its franchised waste
hauler, Palm Springs Disposal Services, of all properties that have not paid their waste
disposal fee. In order to collect the unpaid charges, Palm Springs Disposal Services,
pursuant to their franchise agreement with the City, has requested that these properties
be placed on the County Property Tax Rolls for collection. The waste hauler has made
all reasonable efforts to diligently pursue and collect all fees and charges due to them.
However, several accounts still remain unpaid as indicated in the list on file in the City
Clerk's Office. This action is consistent with past practice and the applicable legal
requirements for placement of a lien against property.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA DETERMINING CERTAIN WASTE DISPOSAL
ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT OF THESE
ACCOUNTS ON THE COUNTY PROPERTY TAX ROLLS FOR COLLECTION."
STAFF ANALYSIS:
The City requires all residential properties to have trash collection services and to pay a
mandatory waste disposal service fee, unless granted an exemption as provided under
Palm Springs Municipal Code Section 6.04.200(d). The collection of trash from all
inhabited properties is essential to maintaining the health and safety of the community
at large. For this reason, solid waste charges, if unpaid, are considered a civil debt.
Each year Palm Springs Disposal Services provides a list of all delinquent accounts to
the City for placement on the property tax rolls. Collection of delinquent solid waste
charges through the tax rolls is authorized under Palm Springs Municipal Code Section
6.04.215 pursuant to Sections 38790.1 and 25831 of the California Government Code.
This year, a total of 928 delinquent accounts have been identified. In April, Palm
ITEM NO. a- A-
City Council Staff Report
May 17, 2017-- Page 2
2016/2017 Delinquent Waste Disposal Charges
Springs Disposal Services mailed notices, pursuant to Government Code Section
25831(b), to all delinquent accounts advising them that unless payment was
immediately received the delinquent charges would be placed on the property tax rolls
for collection.
Notification of this hearing was mailed to each property owner on the delinquent list on
April 21, 2017. Since mailing of these notices, Palm Springs Disposal Services has
received payment in full from 193 accounts. This leaves a balance of 735 delinquent
accounts representing approximately $243,867.80 in lost revenues to the waste
disposal company. A list of all delinquent accounts is on file with the City Clerk's Office
for public inspection.
A final list, with any payments, credits and other adjustments received after the public
hearing, will be submitted to the County Auditor-Controller's Office on June 30, 2017.
Any account still delinquent after this date will be placed on the County property tax rolls
for collection. All amounts collected by the County will be remitted to the City. Palm
Springs Disposal Services has agreed to pay the City 10% of the total amount collected
as reimbursement of its cost to place these accounts on the tax rolls.
The proposed hearing is consistent with past practice and applicable legal
requirements. Action to collect debts through the tax roll process is a cost effective and
efficient method of debt collection. Moreover, if Palm Springs Disposal Services is
unable to collect from these delinquent accounts, the service fees for all other
customers may have to be increased to cover the bad debt.
ENVIRONMENTAL IMPACT:
Section 15061 (b)(3) of the California Environmental Quality Act ("CEQA") Guidelines
exempts activities that are covered under the general rule that CEQA applies only to
projects that have the potential to cause significant effects on the environment. Where it
can be seen with certainty that there is no possibility the activity in question may have a
significant effect upon the environment, the activity is not subject to CEQA. The
requested action requests adoption of a Resolution authorizing placement of liens on
the tax roll for the purposes of collecting payments for delinquent solid waste accounts,
which itself will not result in any new direct physical impacts to the environment.
Therefore, the requested action is considered exempt from CEQA.
FISCAL IMPACT:
Since the City receives franchise, administrative, recycling and diversion facility fees
from Palm Springs Disposal Services, collection from all delinquent accounts should
provide additional revenues to the City. In addition, Palm Springs Disposal Services has
agreed to pay the City 10% of the total amount collected or $24,386.78 as
reimbursement of its expenses for placing these delinquent accounts on the tax roll.
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City Council Staff Report
May 17, 2017-- Page 3
2016/2017 Delinquent Waste Disposal Charges
SUBMITTED:
Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Esq., Ph
Assistant City Manager/City Engineer City Manager
ATTACHMENTS:
1. Resolution
2. Notice of Public Hearing
3. Declaration & Letter from Palm Springs Disposal Services
4. List of Delinquent Waste Disposal Charges (On File with City Clerk)
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ATTACHMENT 1
04
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS CALIFORNIA, DETERMINING CERTAIN
WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT
,4ND DIRECTING THE PLACEMENT OF THESE
ACCOUNTS ON THE COUNTY PROPERTY TAX ROLL
FOR COLLECTION
WHEREAS, the City Council has determined that the collection of trash from all
inhabited properties is essential to maintaining the health and safety of the community
at large; and
WHEREAS, the City requires all residential properties to have trash collection services
and to pay a mandatory waste disposal service fee unless granted an exemption as
provided under Palm Springs Municipal Code Section 6.04.200(d); and
WHEREAS, the City's franchised waste hauler, Palm Springs Disposal Services, is
required to provide trash collection services to all residential properties regardless
whether payment has been made; and"'
WHEREAS, in lieu of Palm Springs Disposal Services discontinuing service where
accounts become delinquent, the City of Palm Springs has agreed that the collection of
delinquent accounts shall, after public hearing thereon, be made in the same manner,
and at the same time, as the collection of ad valorem tax assessments; and
WHEREAS, Section 38790.1 of the California Government Code authorizes the City to
collect delinquent refuse bills through the placement of a special assessment to be
collected with county taxes; and
WHEREAS, pursuant to Section 38790.1 and 25831 of the California Government Code
all property owners have been notified of the delinquent account and the public hearing
has been noticed and scheduled for May 17, 2017; and
WHEREAS, the City Council, on May 17, 2017, 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 by California Government Code Section 38790.1 and Section
6.04.215 of the Palm Springs Municipal Code.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: The above recitals are all true and correct.
05
Resolution No.
Page 2
Section 2: Section 6.04.200 of the Palm Springs Municipal Code provides that trash
collection services 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 community.
Section 3: The list of properties and the amount to be collected, on file in the office of
the City Clerk, shall be forwarded to the County Auditor-Controller for placement on the
tax bill as a special assessment in accordance with the provisions of Section 38790.1 of
the Government Code and Section 6.04.215 of the Palm Springs Municipal Code. The
list shall be updated prior to submission to the County Auditor-Controller to reflect all
payments, credits and any other adjustments as of June 30, 2017.
ADOPTED this 17" day of May, 2017.
David H. Ready, City Manager
ATTEST:
Kathleen Hart, Interim City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN HART, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on May 17, 2017, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathleen Hart, Interim City Clerk
City of Palm Springs, California
06
ATTACHMENT 2
07
April 21,2017
Re: Service Address: 2732 CARDILLO AVE
Account#a-85940-4
County Assessment 4: 5040540/76
Current Amount Due Now: $235.16
AIC CAPITAL LLC
4045 VINELAND AVE. #413
STUDIO CITY,CA 916044479
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
PLACEMENT OF DELINQUENT TRASH SERVICE FEES
AS OF JUNE 30, 2017 ON THE COUNTY TAX ROLLS
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California,will hold
a public hearing in Primrose B, Palm Springs Convention Center, 277 N Avenida Caballeros.
Palm Springs beginning at 6:00 p.m.,on May 17,2017,to consider the following:
Pursuant to Health and Safety Code Section 5473(a) 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, 2016. computed in conformity with the charges prescribed in
Section 6.04.200 of the Palm Springs Municipal Code.
The purpose of the hearing is to determine whether the delinquent 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 paid in a timely manner, they
may be assessed against the property and collected as a tax lien.
The written report describing each parcel of real property receiving waste disposal service for
which payment is delinquent is available for review at the Office of the City Clerk between the
hours of 8:00 a.m. and 6:00 p.m., Monday through Thursday. Please contact the Office of the
City Clerk, at(760) 323-8204 if you would like to schedule an appointment to review the report of
parcels that are currently delinquent in their payment of disposal service fees.
If you wish to protest the charges you may respond to this notice verbally at the public hearing
and/or in writing before the public hearing. Written comments may be made to the City Council
by letter(for mail or hand delivery)to:
Kathleen D. Hart, MMC, Interim City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this matter may be directed to Vonda Teed, Office of Public Works, (760)323-8202.
Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760)323-8245.
Kathleen D. Hart, MMC, Interim City Clerk
To avoid having a lien placed against your property you must make payment directly to the City's
contractor, Palm Springs Disposal Services by June 9, 2017. When making payment please write
LIEN on your payment envelope as well as your checklmoney order.The contractor's address is:
Palm Springs Disposal Services
P.O. Box 2711
Palm Springs CA 92263-2711
760-327-1351 08
ATTACHMENT 3
09
57ai km 4690EMONWW&
P.O.BM 2711
Pjkn S}ai1jr.CA Q2263
Phn 760327-1351
April 21, 2017
Mr. Marcus Fuller
Assistant City Manager/City Engineer
City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92263-2743
Re: Property Tax Liens
Dear Mr. Fuller:
Enclosed are the items you require with regard to placing accounts in arrears on the tax
roll for collection, and for the Public Hearing scheduled on May 17, 2017.
1. An Affidavit certifying the mailing of notice to accounts in arrears.
2. Sample of notices sent.
3. Printout dated April 21, 2017, listing the accounts in arrears, which we are
submitting for presentation to the City Council. I am emailing the report to Tabitha
Richards and Kathie Hart as well.
We submit the proposed accounts and request that arrears be placed on the tax roll for
collection. Any payments received will be applied against the arrears up to the deadline
established for the County submittal. If arrears are paid and are received prior to the
deadline, the account will be deleted from the final County Rolls.
April 21, 2017 Report totals: 1,085 accounts; total due is $375,386.29.
Sincerely,
k!�eAA.e... QocP
Della Roop
HR/Office Manager
CC: Kathie Hart
Tabithia
10
W ord/Ta xRo I I/CvrLtrAffdvP S
I, Della Roop, declare as follows: I am 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 21, 2017 1 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 paid, in an envelope addressed to each of the persons listed and
at the addresses shown on that certain document entitled "List All Tax Roll Candidates
for the City of Palm Springs as of This Date—April 20, 2016 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 April 21,2017.
ackDe.. Qoer
(Signature)
11
W ordrTaxRol IlCvrLtrAffdvPS
ATTACHMENT 4
LIST OF DELINQUENT
WASTE DISPOSAL
CHARGES ON FILE IN THE
OFFICE OF THE CITY
CLERK
12
Kathie Hart
From: Della Roop<della@palmspringsdisposal.com>
Sent: Thursday, May 18,2017 10:08 AM
To: Vonda Teed
Cc: Kathie Hart
Subject: RE: 292 E Palm Canyon Dr
Good morning Girls,
PSDS has removed all charges from this account and the account is no longer on the Tax Roll.
Have a great day,
Della
Della Ra*
Human Resource/Office Manager
;Dafat SAUN94 V"Awad Se zMe" `J.re.
De4mt%&VV40o&d one,
4690 G.Mesquite Ave.
Paine Springs CA 92264
760-327-1351
From: Vonda Teed [mailto:Vonda.Teed(�)palmsprings-ca.gov]
Sent: Wednesday, May 17, 2017 11:17 AM ^ ,�
To: Kathie Hart; 'Della Roop'
Subject: RE: 292 E Palm Canyon Dr
According to all records the building was indeed demolished.
Vonda
From: Kathie Hart
Sent: Wednesday, May 17, 2017 10:20 AM
To: 'Della Roop'
Cc: Vonda Teed
Subject: RE: 292 E Palm Canyon Dr
Della,thank you.
Vonda, may I ask you to check on 292 E Palm Canyon Dr. to see if this building was in fact demolished as stated by Mr.
McIntosh.
t
Thank you ladies. O
A�e�-
Kathleen D. Hart, MMC
Interim City Clerk . ,
+� CITY OF PALM SPRINGS(
Like no place else to wo
City of Palm Springs (760)323-8206
3200 E. Tahquitz Canyon Way c3 (760)322-8332
Palm Springs,CA 92262 ® Kathie.HartCPalmSpringsCA.gov
City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays.
From: Della Roop fmailto:della( palmsorinosdisposal.coml
Sent: Wednesday, May 17, 2017 9:52 AM
To: Kathie Hart
Subject: RE: 292 E Palm Canyon Dr
Hi Kathie... We are checking on the property and I will get back to you soon.
Did the customer get a permit to demolish the building?
Thank you,
Della
Dd& ;eo*
Human Resource/Office Manager
;D41ML Sjpr m" Didl(ao d ,SPI[ oa �rte•
Ve4ezt`I #zu V&Aooat �Ke.
4690 E. Mesquite Ave.
Palm Springs CA 92264
760-327-1351 Jryj
From: Kathie Hart [mailto:Kathie.HartRfoalmsorinas-ca.gov]
Sent: Tuesday, May 16, 2017 11:05 AM
To: Vonda Teed; 'Della Roop'
Cc: Cindy Berardi
Subject: FW: 292 E Palm Canyon Dr
Importance: High
Good Morning Ladies!
Did we receive his letter?
Has it been worked out?
2
Please keep me in the loop, thank you.
�.;ii
Kathleen b. Hart, MMC
Interim City Clerk
CITY OF PALM(a SPRINGS/
Like no place else to wo
City of Palm Springs M (760)323-8206
3200 E.Tahquitz Canyon Way A (760) 322-8332
Palm Springs,CA 92262 7 Kethie.Hart@PalmSpringsCA.gov
City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays.
From: Geoff McIntosh [mailto:geoff(dlmsrlb.com1
Sent: Tuesday, May 16, 2017 10:24 AM
To: Kathie Hart
Subject: 292 E Palm Canyon Dr
Hi Kathie,
I am just writing to confirm you received my letter written last month about the matter agendized to come up for
discussion in May 17 regarding an alleged $1200 unpaid trash bill on the above referenced property proposed to be
collected by placing a lien on the property.
We lost the building when it was destroyed by fire on 12/25/2014. It was demolished in March 2015. The tenant of
the building(Restaurant PC East, LLC)has not had service since that time. It is my understanding that all outstanding
trash collection bills were paid. There have been no bills received addressed to them or to Palm Springs 292 LLC so
this matter comes as a surprise.
We did sell this property several weeks ago and no longer own it therefore placing a lien on the property seems like
an unreasonable burden on the new owner.
If any balance for service prior to the fire (or demolition) is due it will be paid. Palm Springs Disposal can address it
to me at the mailing address below.
Thank you,
Geoff McIntosh
Main Street- REALTORS
244 Redondo Ave
Long Beach CA 90803
License 400966266
Phone 562-719-2206
Fax 562-438-4910
Sent from my iPhone. Please overlook any typos!
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