HomeMy WebLinkAbout5/20/2015 - STAFF REPORTS �O*pAIM Sp9
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"°R`'�P» City Council Staff Report
DATE: May 20, 2015 PUBLIC HEARING
SUBJECT: DELINQUENT WASTE DISPOSAL CHARGES
FROM: David H. Ready, City Manager
BY: Assistant City Manager/City Engineer
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:
1 . 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.
2. Authorize the City Manager to execute all documents necessary to effectuate this
action.
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.
ITEM NO. / A
City Council Staff Report
May 20, 2015-- Page 2
2015 Delinquent Waste Disposal Charges
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 1,074 delinquent accounts have been identified. In April, Palm
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 17, 2014. Since mailing of these notices, Palm Springs Disposal Services has
received payment in full from 221 accounts. This leaves a balance of 853 delinquent
accounts representing approximately $295,598.04 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, 2015.
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.
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 $29,559.80 as
reimbursement of its expenses for placing these delinquent accounts on the tax roll.
Marcus L Fuller, Assistant City Manager David H. Ready, QArla-a-Mager
City Engineer
Attachment:
1. Resolution Determining Certain Waste Disposal Accounts to be Delinquent and Directing the
Placement of these Accounts on the County Property Tax Rolls for Collection
2. Notice of Public Hearing 0 2
3. Declaration & Letter from Palm Springs Disposal Services
LIST OF
DELINQUENT
WASTE DISPOSAL
CHARGES ON FILE
IN THE OFFICE OF
THE CITY CLERK .
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 May 20,
2015; and
WHEREAS, the City Council, on May 20, 2015, 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Springs, California, as follows:
04
Resolution No.
Page 2
Section 1 . That 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 2. 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, 2015.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Palm Springs held May 21, 2014.
CITY OF PALM SPRINGS
David H. Ready
City Manager
ATTEST:
James Thompson
City Clerk
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 May 20, 2015,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California 05
'April 17,2015
Re: Service Address: aCSADRN»aCSSDIR»aCSSTRT»oCSSUFXu gCSAPT»
Accountfi:«CCMPNY»- CCUST>raCHKDGT»
County Assessment 9: aCVAR3»
Current Amount Due Now:UAMTDUEn
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NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
PLACEMENT OF DELINQUENT TRASH SERVICE FEES
AS OF JUNE 30, 2015 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 May 20,2015,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, 2015, 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 carta, por favor [lame a Is Ciudad de Palm Springs y puede hablar
con Nadine Fieger te[efono(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 12,2015.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. 0. Box 2711
Palm Springs CA 92263-2711
760-327-1351 06
April 17,2015
Re: Service Address: 650 EUGENE RD
Account#:1-25438-0
County Assessment#:680103007
Current Amount Due Now: $306.86
HOFFMAN,MICHAEL S&SHEILA 1
650 S EUGENE RD
PALM SPRINGS CA 92264
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
PLACEMENT OF DELINQUENT TRASH SERVICE FEES
AS OF JUNE 30,2015 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 May 20,2015,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, 2015, 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 llama a la 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 12, 2015.When making payment please
write LIEN on your payment envelope as well as your checkfmoney order.The contractor's
address is:
Palm Springs Disposal Services
P.0. Box 2711
Palm Springs CA 92263-2711
760-327-1351 07
Palm 5PAUgS Disposal 5e1CVi0Cs 4690 East Mesquite Avenue
P O Box 2711
Palm Springs, CA 92263-2711
www.paimspringsdisposal.com
Telephone: (760)327-1351
Fax: (760)323-5132
April 30, 2015
Mr. Marcus Fuller
Assistant City Manager/City Engineer
City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92263-2743
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 20, 2015.
1. An Affidavit certifying the mailing of notice to accounts in arrears.
2. Sample of notices sent.
3. Printout dated April 21, 2015, 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 report.
April 21, 2015 Report totals: 1,074 accounts; total due is $321,966.79.
Sincerely,
Della Roop
Office Manager
Enclosures
CC: R.Wade
C.Miller-Isaac
M.Gonzalez
WOrdrraxRolVCvrLtrAffdvPS 08
RECYCLED PAPER
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 17, 2015, 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 17, 2015, 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 30,2015.
(Signature)
WorffaxRo1VCvrUrAffdvP8 09
April 21,2015
Service Address: 2545 Girasol Ave
Account# 1-80905-0
County Assessment#5043710033
Amount due: $202.61 (Paid 4/20/15)
James Thompson,City Clerk
3200 E Tahquitz Canyon Way
Palm Springs,CA 92263
Dear Mr.Thompson,
We received a notice of delinquent trash service fees.The delinquency was as a result of
an expired credit card on file.The amount has been paid in full as of April 20,2015. See
attached.
Sine I
dr erbach
/ Karl Raaum
2545 N Girasol Ave.
Palm Springs,CA 92262
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4/2l/20{5 Online Bill Pay-Overview
- . PALM SPRINGS DISPOSAL SERVICES
,xc"'"•��•-•,- 4690 East Mesquite Avenue Phone,(760)327-1351
Palm Springs,CA 92264 Email:infotOpalmspringsdisposalsom
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Account Details HarPayaccounts.
1_0080905_0 a View statements in document form.
. View statements through history.
PALM SPRINGS...(1)
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Manage Autopay 12131/2014
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Logout ANDREW N/NARL A HERBACH/RAAUM Account Number: 1.0080905.0
2545 N GIRASOL AVE Bill Date: 3/3112 01 5
PALM SPRINGS,CA 92262
Due Date: 411512015
Service Address Statement Balance: $202.61
2545 GIRASOL AVE
Andrew Herbach
2545 N. Girasol Ave. ` `-,.3,;,�-.e�L: e,�v
Palm Springs,CA 92262-1849 :.
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PALM SPRINGS DISPOSAL SERVICES INC. 4690 Mesquite Ave.
P. D. Box 2711
Palm Springs CA 92263
Telephone 760-327-1351
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March 26, 2015
Mr. Geoffrey Kiehl
Director of Finance
City of Palm Springs _ --
P.O. Box 2743 --
Palm Springs, CA 92263-2743
Dear Mr. Kiehl:
We are requesting a date to be placed on the City Council Agenda for the "Public
Hearing" in order for Palm Springs Disposal Services Inc. to place delinquent
billings on the County Tax Rolls.
Due to time constraints from the County of Riverside we would appreciate your
help getting this item on the City agenda May 20, 2015.
You may email me at delta cDpalmspringsdisposal.com or call me at Ext. 304 with
your approval of this date.
Thank you,
Della Roop
Office Manager
DRlsa
cc: James Thompson,City Clerk
Kathie Hart
From: Kathie Hart
Sent: Monday, March 30,2015 3:05 PM
To: 'Della Roop'
Cc: Tabitha Richards; Marcus Fuller
Subject: Delinquent Waste Disposal Billings
Della:
I am in receipt of your letter requesting placement of Delinquent Waste Disposal Billings on the City Council May 20,
2015, meeting agenda.
I have placed this item on the list.
Please provide me a copy of the notice and the delinquent listing at the appropriate time.
Thank you.
Kathie Hart, MMC
Chief Deputy City Clerk
c.rrrcuar.
Lit.�,�w_04"-
City of Palm Springs (760)323-8206
3200 E. Tahquitz Canyon Way (760) 322-8332
Palm 5prings, CA 92262 Kathie.Hart@Palm5pringsCA.gov
City Hall is open B am to 6 pm, Monday through Thursday,and closed on Fridays.
t
PALM SPRINGS DISPOSAL SERVICES INC. 4690 Mesquite Ave.
P. O. Box 2711
Palm Springs CA 92263
Telephone 760-327-1351
March 26, 2015
N
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c.I
Mr. Geoffrey Kiehl b
Director of Finance
City of Palm Springs o
P.O. Box 2743 '
Palm Springs, CA 92263-2743
- N
Ln
C
Dear Mr. Kiehl:
We are requesting a date to be placed on the City Council Agenda for the "Public
Hearing" in order for Palm Springs Disposal Services Inc. to place delinquent
billings on the County Tax Rolls.
Due to time constraints from the County of Riverside we would appreciate your
help getting this item on the City agenda May 20,2015.
You may email me at dellana palmsprincasdisposal.com or call me at Ext. 304 with
your approval of this date.
Thank you,
Della Roop
Office Manager
DRfsa
cc: James Thompson,City Clerk