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HomeMy WebLinkAbout6/15/2016 - STAFF REPORTS �0t VALM S.. .y c V in Cq4 1F0 XV, City Council Staff Report DATE: June 15, 2016 PUBLIC HEARING SUBJECT: DELINQUENT WASTE DISPOSAL CHARGES FROM: David H. Ready, City Manager BY: Public Works and Engineering Department 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 1,085 delinquent accounts have been identified. In April, Palm ITEM NO. IPA_ City Council Staff Report June 15, 2016-- Page 2 2015/2016 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 20, 2016. Since mailing of these notices, Palm Springs Disposal Services has received payment in full from 312 accounts. This leaves a balance of 773 delinquent accounts representing approximately $280,966.47 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, 2016. 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 approval to acquire a computer software system to plan and administer the maintenance of City facilities, 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 $28,096.65 as reimbursement of its expenses for placing these delinquent accounts on the tax roll. 02 City Council Staff Report June 15, 2016-- Page 3 2015/2016 Delinquent Waste Disposal Charges SUBMITTED: Marcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Esq., Ph.D Assistant City Manager/City Engineer City Manager ATTACHMENTS: 1. List of Delinquent Waste Disposal Charges — On File with City Clerk 2. Resolution 3. Notice of Public Hearing 4. Declaration & Letter from Palm Springs Disposal Services 03 ATTACHMENT 1 LIST OF DELINQUENT WASTE DISPOSAL CHARGES ON FILE IN THE OFFICE OF THE CITY CLERK 04 ATTACHMENT 2 05 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 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 June 15, 2016; and WHEREAS, the City Council, on June 15, 2016, 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. 06 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, 2016. ADOPTED this 15th day of June, 2016. David H. Ready, City Manager ATTEST: James ,Thom son City Clerk p Y CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, 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 June 15, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 07 ATTACHMENT 3 08 April 21,2016 Re: Service Address: Account 4: Counh Assessment f, Current Amount Due Now: NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS PLACEMENT OF DELINQUENT TRASH SERVICE FEES AS OF JUNE 30, 2016 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 the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs beginning at 6:00 p.m., on June 15, 2016, 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 can be made to the City Council by letter(for mail or hand delivery)to: James Thompson, 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 Tabitha Richards, Office of the City Manager, (760) 323- 8202. Si necesita ayuda con esta carte, por favor Ilame a Is Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono(760) 323-8245. James Thompson, 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 10, 2016.When making payment please write LIEN on your payment envelope as well as your check/money order. The contractor's address is: Palm Springs Disposal Services P. O. Box 2711 Palm Springs CA 92263-2711 09 760-327-1351 ATTACHMENT 4 10 Palm Spris Disposal Services, Inc. 419OEMe94utlaAW- PA.Hm 2711 Palm4"9sC&922M Ri 780327--1351 April 20, 2016 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 June 15, 2016. 1. An Affidavit certifying the mailing of notice to accounts in arrears. 2. Sample of notices sent. 3. Printout dated April 20, 2016, 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 20, 2016 Report totals: 1,085 accounts; total due is $375,386.29. Sincerely, Della Roop Office Manager Enclosures WordrraxRo11/CwUrAffdvPS 1 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 20, 2016 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 20, 2016. 144 m Roe? (Signature) W ord(raxRoll(CvrLtrAffdvPS