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Home My WebLink About5/7/2003 - STAFF REPORTS (17) .7,� DATE: May 7, 2003 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, 2003, 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 2003. A total of 833 accounts were notified. Anyone with questions, or anyone contesting the billing, was advised to contact PSDS. Through April 21, 2003, they had received 36 inquiries on this issue. Of the total notices sent, 70 have made full or partial payment The remaining 763 accounts total $242,61S. 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 alTected properties (prepared by Palm Springs Disposal, Inc., and reviewed by the City's Audit staff is on file with the City Cleric Upon adoption of a resolution authorizin- 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, 2003 (See attached copies of the notice sent to delinquent accounts, the affidavit of mailing, and the published notice.) 7A 2003 Delinquent Trash Pees May 7,2003 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 $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 Pd 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 NOTICE OF PUBLIC IIEARING 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 7, 2003, to consider the following: PLACEMENT OF DELINQUENT TRASH SERVICE FEES (AS OF JUNE 30, 2003) 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, 2003, 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 15 and April 22, 2003 17A3 To Palm Springs City Council Palm Springs Ca. 5/5/03 From:Bernard G. Mankertz 575 Calle Santa Rosa PalmSprings,Calif 92264 Subject:Garbage Rip-off I wish to go on record to protest the exorbitant charges by Palm Springs Disposal Services for residential collection. To be realistic how much trash can an 80 year old single senior on a fixed income, have for pick up 2 days a week for $47.66 per month ? I'm lucky to have 1 Vons plastic bag per week.Complaining to the Co.about a Senior Discount as from Edison or the Gas Co. met with deft ears. To add insult to injury the threat of adding the charges + penalties to my tax rolls. I am a 20 year resident of Palm Springs, I love it, but for a senior if it gets to expensive I will have invest in a Passport l± move to the other end of the Valley. d y ,� p ,t, ti rid 7 Lr,lfP1 -I I If __T_ 11 rN m OY _'T J1,11 I I F I A E '_'I F 1�I o r-L THE 1"'IAL AIPWV IT K'N UU'j N,,,r'.018ANOr 1 2 "cwJ I,*,, F. kXAJ =rNr, POPQ,:J Q5A T. V'W'W.t� Sl C, C �Ij I i "0"_i V ji 1 ------------- o o 51V ws b f lo .QYK :Hf M L"c b UL 3 Ll 3 411 ri lo f;LF'i�r 1r;RI 1 1 P) I E CHEO;;HMLA1,1F:F AWF) F; 'AM,1PPj FKC.f cmR, KrIl I 10� 4 1; 1 A. L SL,�NO A RfD�A f), X, 7 17 rl n Q 8'L,�L5 0 li U e 9N,00 5 k R G,OfJ tj f-1[M P l ljll fi I) �Ij D Cr n FC MIt Fj A MCI SpI Ili ip Wspolvad -iF'D "r"p, i o-" (I A 0) 3 R T"1 N I 2"-.'"S 3- I opl! 10, 2003 8ERWARU, MANKERTZ ETMIL CJM-LE *P,M Si FPLNR IMPRA GA SM4 11A ROME MWPMK"� Me Stsumant for it, cash SeMT-'o' Nf'ls ryCrhud:, �Jtjtevl" a, 'no !=1e aceuuu"", pk't'asc" 6d�il 01',"' ywnHonce zoo, uW rommmon couckpo juawk!"f in lho MOmmunh Mng, ?'wv quosucins lwogp' ;-"'Ccouni, phase W our OF&C W the 8umber 4 j"k,111— PI'msivant W Gavunwnonl"S _25e'31 ' ;l epCoil 'f')ffl brj iA'd Nq1nl (;�ty 'C9"-nt icr Nave unpaid kn flw' rnp.� Pk's m��mrvdl by Ow, *a Umbar can OCGM moo asn, a POW, WAY by the P'-'fi-a C';yLw"-'d I I I ,7...... PROOF OF PUBLICATION (2015.5.C,C,p) This Is space for County Clerk's Filing Stamp STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of the County aforesaid;I an,over the age of eighteen years,and not a Party to proof of Publication of in the above-entitled matte I am the principal clerk or, No h22.6 printer of the,DESERT SUN PU13LISHING CITY or PALM SPRINGS COMPnewspaperg NOTICE OF PUBLIC HEARING ANY a of genera]circulation, NOfICE IS HEREBY GIVEN that the City of Palm printed and published in the city of palm Springs, Springs will hold a Public Hearing in the City County of Riverside,and which newspaper has been council chambers,located at 3200 Tcreole Can- yon Way, Palm Springs, California 92262, begin- adjudged a newspaper oCgeneral circulation by the mng at zoo p:m., Wednesday, May 7, 2003, to consider the following: Superior Court of the County of Riverside,State of California under the date of PLACEMENT OF S OF J DELINQUENT March 24,1 TRASH SERVICE FEES IAS OF ROLLS 30, 200:5) Number 191236,that the notice,of whicl�8e Case ON THE COUNTY TAX ROLLS annexed i5 a printed COpy�s¢t 111 t e Pursuant to Health and Safety Code, Section than n type not smaller 5473 and Government Code Section 25831, a on aerial,has been published in each written report has been filed with the City Clerk or and entire ' not in an regular the City at Palm Springs,containing a,description Issue Of said newspaperof each parcel of real property recervmg waste lame and disposal service for which Payment is delinquent supplement thereof on the following dates,t0 Wlf; and"containing the amount of delinquent waste -disposal service charges for each such parcel for the period ending June 30, 2003, computed in Apr111$a1i,22"d conformity with the charges prescribed by See- _ iron 604.200 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 an the All in the year 2003 ---` tax roll In the same manner, by the same person I certify and at the same time as, together with and not or declare)under penalty of perjury separately rngom,Cher general taxes the thehCity of Palmnt foregoing is true and correct, p Jury that the charges are not timely paid, they may be as- sessed against the property and collected as a Dated at palm 24th tax hen: Springs,California this______________day interested persona are Invited to attend the April Y Public Hearing, shad all persons who would ea af- p( said thereby shall have the right dall appear at '-- --- --^--,2003 tiny x rail. and to PATRICIAe any A. SANUERS�CIty GI s the tax roll. the ma have to the collection such charges on -- PUS- April 15,TL, 2003 _ Signature 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 Pahn 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 Pahn 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 7, 2003 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 ofPalm 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, 2003, collected on the tax rolls in the same manner by the same person, and at the same time together with and not separately fi-om, its general taxes. Resolution No. 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 2003 AYES NOES ABSENT: ATTEST: CITY OF PALM SPRINGS, CAUFORNIA By City Clerk City Manager REVIEWED & APPROVED as to form City Attorney