HomeMy WebLinkAbout5/19/2004 - STAFF REPORTS (15) DATE: May 19, 2004
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, 2004, 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 originally contracted out to Palm Springs Disposal Services, Inc.
(PSDS) in 1972 and a new contract was negotiated in June 2004. The Company is
required to continue collection even if the service has not been paid for . 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 2004. A total of 953 accounts were
notified. Anyone with questions, or anyone contesting the billing, was advised to contact
PSDS. Of the total notices sent, 174 have made full or partial payment. The remaining
779 accounts total S 220,139.65.
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, 2004.
(See attached copies of the notice sent to delinquent accounts, the affidavit of mailing,
and the published notice.)
I 3A
2004 Delinquent Trash Fees
May 19,2004
Page 2
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 $22,000. 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
10,
David H. Ready ��� Thomas M. Kanarr
City Manager Director of Finance &Treasury
Attachments: 1. Resolution
2. Notice of Filing Report
3. Customer Notice of Public Hearing
4. Published Public Hearing Notice
l �
Palm Springs Disposal Services Telephone : (760) 327-1351
4690 East Mesquite Ave Fax : (760) 323-5132
PO Box 2711 E-mail: infoapalmspringsdisposal.com
Palm Springs, CA. 92263-2711 Web Site : www.palmspringsdisposal.com
April 12, 2004
Re: Account#:
Service Address:
County Assessment#:
Current Amount Due Now:
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 4/29/04. Please use the
remittance stub and remittance envelope provided in the statement billing.
If there are any questions about the account, please call our office at the number
above.
zzrxzxxzr:exzzxzrxzxzezxzzzexzzzzxzxrzzzzzxzzzzxzxzzwzwwzxzxzzz+exzzzzwwrzzxzzzzxzzzzzzzxzzrz+vze
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 owners
tax rolls for collection. As required by law, no transfer can occur until after a public
hearing by the Palm Springs City Council is held.
The public hearing will be held on Wednesday, May 19, 2004, at 7:00 PM at the City
Council Chamber, 3200 E. Tahquitz Canvon Way, Palm Springs, California 92262.
Transogram-02P5 13,13
Palm Springs Disposal
Tally of Transogram Letters
2003-2004
Tax Year
;I
Compares Counts @ Transogram Time to City Report Time
Palm Springs Disposal Services
'.,Cycle ' Counts_@ Amounts @ Counts @ Amounts @ Count' Amount =;
Service T ype " Code _: 4/05%04, :' <4/05/04„i:i _=4/27/03 4127/03"= .Reduced" :'=Reduced
Res I SFR Inact RX 0 $0.00 0 $0.00 0 $0.00
Res?SFR Act R3 849 $211,371.77 696 $173,243.67 153 $38.128.10
Com'IPendin CP 5 $1,156.48 3 $604.48 2 $552.00
Com'Ilnactive CX 1 $456.60 3 $567.89 -2 -$111.29
Com'IActive C1 70 $52,916.33 54 $31,551.91 16 $21,364.42
Res'I MFR Inact. RZ 1 $868.57 1 $868.57 0 $0.00
Res'I MFR Act R1 27 $14 141.30 22 $13,303.13 5 $838.17
Totals 1 1 953 1 $280,911.051 T79 I S220,139.65 1 174 1 $60,771.40
Percentage of Accounts Reduced: 18.26% I
Percentage of Revenue Reduced: 21.63%
i
1
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"The 4/5 count and amount due includes charges thru 3/31 (Commercial) and 6/30(Residential).
The 427 count and amount due includes charges thru 3/31 (Commercial) and 6/30(Residential).
Comparison count was done early this year per direction of Elaine @ PS City.
Reports are to be delivered on April27,2004 per Elaine and Rick Wade.
No Amounts/Totals include Administration Fees.
Some accounts reflect low or zero balances because the 10 day Check Clearing Period has not expired. 13A
Trans04O4 Prepared by J J Velin
4272004
I
4
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that the City of Palm Springs will hold a Public
Hearing in the City Council Chambers, located at 3200 Tahquitz Canyon Way, Palm
Springs, California 92262, beginning at 7:00 p.m., Wednesday, May 19, 2004, to
consider the following:
PLACEMENT OF DELINQUENT
TRASH SERVICE FEES (AS OF JUNE 30, 2004)
ON THE COUNTY TAX ROLLS
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, 2004, computed in conformity with the charges prescribed by Section
6.04.200 of the Municipal Code of the City of Palm Springs.
The purpose of said 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 timely paid, they may be assessed against the property and collected
as a tax lien.
All interested persons are invited to attend the Public 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 such charges on the tax roll.
PATRICIA A. SANDERS
City Clerk
PUBLISHED: April 28 and May 12, 2004
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, Rick Wade, 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 27, 2004, 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 prepaid, 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 27, 2004, 2004," 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 27, 2004.
( ignature)
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Word/City-PS/AffdvTaxRoll/Rev 4-04
T�tia�
PROOF OF PUBLICATION This is space for County Clerk's Filing 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 ---I-----------—----------------------------
years,and not a party to or interested in the No 8021 CITY OF FALM SPRill
above-entitled matter.I am the principal clerk of a iiol OF PUBLIC HEA iNr.,
printer of the,DESERT SUN PUBLISHING NC,;rli ps ilt'REBv GpN'BN, that the City of
COMPANY a newspaper of general circulation, Palm springs Wdl Hold a Public Hearing m me
City Council Chambers, located ar3200'fa296ez
printed and published in the city of Palm Springs, Canyon way, Palm springs,
County of Riverside,and which newspaper has been gonna siazi�ine oil wwg dnesday, Nlay 19, 2004.
adjudged a newspaper of general circulation by the pI_ACEh1ENT OF pELInIOiJENT
Superior Court of the County of Riverside State of Til SERVICE FEES
p Ty , (AS OF JUNE 30, 21
California under the date of March 24,1988.Case ON THE COUNTY'i I?a'I-LS
Number 191236;that the notice,of which the Pursuant to Health and Safety code, Section
5473 and Government Cade Section 25331, a
annexed is a printed copy(set in type not smaller written report has been filed with the City Clerlc of
the CIIy of Palm Sprin s,containing a descuptien
than non panel,has been published in each regular of each parcel of teal property receiving waste
nt
and entire issue of said newspaper and not in any disposal service for which payment q en waste
and containing the amount of delinquent waste
supplement thereof the following dates,to disposal service charges for each such parcel for
ppemen ereo on ow g o w the senod ending June 30, 2004, computed in
con ormr with the charge al proscribed
iof h eryC ry of
May 5p1i Ilan tie'
s.04hM of the Municip
y + Palm Springs.
_—---—--------------—,-----—-----___ e
The purpose of said hearing is to determine
whether the delinquent waste disposal charges
described In said report shall collected
---------—----------_--____------—----_-------------------- tax y te some person roll to the same manner,and at the same time as, togege
ther with and not
All in the year 2004 separately floor the general taxes of the City of
Palm 5 rm s. )his means that, if the delinquent
I certify(or declare)under penalty of perjury that the charges are not timely paid, they may be as-
foregoing is true and correct. sessed against the Property and collected as a
tar. lien
All interested persons are invited to attend the
Dated at Palm Springs,California this-----25rh----day Public Hearing, and all persons who Would be at-
facted
said hearing and to fle shall e anye and t to all oblectoear ns
of-------Ma ----------------------- 2004 they may have to the collection such charges on
y , the tax roll.
PATRICIA A. SANDERS
t1 �' City Clerlc
-------'--------'- -- PUB' April 28, NIaY 12, 2004 _
Signature
i r.;
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 19, 2004 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 specifically identified in the staff report and updated with
payments, credits and any other adjustments as of June 30, 2004,
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.
13 +I
Delinquent Taxes-2004
Resolution
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 day of 2004
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED &APPROVED as to form
City Attorney