HomeMy WebLinkAbout6/5/2002 - STAFF REPORTS (14) DATE: June 5, 2002
TO- City Council
FROM: Director of Finance
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, 2002, 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 2002. A total amount of $218,388.41 will
be placed on the tax rolls, consisting of 72 Commercial accounts with a total due of
$47,658 41 and 594 Residential accounts in the amount of$170,730 91
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, 2002
(See attached copies of the notice sent to delinquent accounts, the affidavit of mailing,
and the published notice.)
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. 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.
Delinquent Waste Service
June 5, 2002
2
The method of collection outlined in this report ensures a more equitable sharing of the
costs.
APPROVED BY SUBMITTED BY
David H. Ready �,,/ Thomas M. Kanarr
City Manager e Director of Finance & Treasurer
Attachments 1. Resolution
2. Notice of Filing Report
3. Customer Notice Of Public Hearing
4. Published Public Hearing Notice
MAY-15-02 WED 3: 41 PM PALM SPRINGS DIPOSAL FAX NO, 7603235132 F. 2
Palm Springs Disposal Services Telephone : (760) 327-135i
4690 East Mesquite Ave Fax : (760) 323Y6132
PO Box 2711 E-mail: Info. gaLl aal'cnni
Palrn Springs, CA. 92263-2711 Web Site:www,paintspringaclisposai->ro
May 6, 2002
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NOTICE OF PUBLIC BEARING
(RESCHEDULED)
Dear Customer andlor Real Property Owner:
'he 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.
Please use the remittance stub and remittance envelope provided in the statement
billing.
If ihere are ;any questions about the account, please call our office at the nurrrne-r
above,
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NOTICE, Pursuant to Government Code 25831, a report will be filed witij the p,11rn
Springs City Clerk seeking to have unpaid arrears transferred to the properly owners
tax rolls for ,.ollectlon. As required by law, no transfer can occur until after a pijbitc,
bearing by the Palm Springs City Council Is held.
"'he public hearing will be held on Wednesday June S. 2002 at 7,00 PM at the ;try
Council Chamber, 3200 E. Tahouitz Canyon Way, Palm Springs California 9226,
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, June 5, 2002, to consider the following:
PLACEMENT OF DELINQUENT
TRASH SERVICE FEES (AS OF JUNE 30, 2002)
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 Patin 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, 2002, 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: May 21 and May 29, 2002
I Wednesday, May 29,2002
No-&6
CITY Of PALM SPRINGS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, mat the City of
Palm Sprinqs will hold a Public Hearingg In the
City Council Chambers,located at 3200 Tahqult%
Canyon Way, Palm Springs,California 92262, be-
ppinning at 7O0 m, Wcdne5dsy, June 5, 2002,
fo Zrislder the following.
PLACEMENT OF T pg TRASH SERVICE FEES
ON OF JUNE 30,20021
THE COUNTY TAX ROLLS
Pursuant to Health and Safe tyy Code, Section
5473 and Governmont Codo Seaton 25831, a
written report has been filed with thq Clry Clerk of
the Clry of Palm Springs containing a description
of each parcel of raaff property recimin_ waste
disposal service for whlcn payment is de inquent
and containing the amount of dollnpuant waste
disposal service Charges for each ^uc parcol for
rho permd dndmp June 30. 2002,, computed in
Conlprmltyy with [ o cnargea proscribed by Sec-
tion 6.04 200 of the Municipal Codo of the City of
Palm Springs.
The purposo of said hearing is to determine
whether the delinquent waste disposal charges
described In said report shall be collected on the
tax roll in tho same manner, by the same person
and at the same time 35, together with and not
^eparataly from mo general loxes of the City of
Palm Springs �'pr moane that, If the dollnquent
charges are not timely paid, they may be as•
^owed sgalnst the property and collected ae a
tax hen.
All Intorested persona are Invited to attend the
Public Hearing,and all persons who would be of-
feclod thereby shall have the right to sppear at
said hearing and to file an and all objections
they may have to the collection such charges on
the tax roll.
PATRICIA A SANDERS, City Clerk
PUB: May 21,29, 2002
I
vi.Plf u k a2z)-p
I
PROOF OF PUBLICATION This is space for County Clerk's Flhng 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 ---------------_____________________________
years,and not a party to or interested in the No 1486-- -- - - -
CI OF PALMSPRINGS
above-entitled matter.I am the principal clerk of a NOTICE OF PUBLIC
HEARIEARI
NG
printer Of the,DESERT SUN PUBLISHING NOTICE IS HEREBY GIVEN, that the City of
COMPANY a newspaper of general circulation, Palm Spnngs will hold a Public Hearing in the
g Cty Counal Chambers, located at 3200 Tahqultz
printed and published in the city of Palm Springs, !c!�aoyron way, Palm Springs, California 92262, be-
County of Riverside,and which newspaper has been
to consider the fora, Wednesday, June 5, 2002,'
ng
adjudged a newspaper Of general Circulation by the PLACEMENT OF DELINQUENT
TRASH FEES
Superior Court of the County Of Riverside,State of (ACNE
ASi H OF JUNEICE 30, 200)
E COUNTY TAX ROLLS
California under the date of March 24,1988.Case ON -
Number 191236;that the notice,of which the Pursuant to Health and Safety code, Section
annexed is a printed copy(set in type not smaller writ and Government Code Secden y Clerk f
5473 apart has been filed with the City Clerk of
the Cd'r of Palm Sony, containing a description
than non pariel,has been published in each regular of seen panel of rea property receivingg waste
disposal service for which payment is delinquant
and entire issue of said newspaper and not in any and containing the amount of_delmquent waste
supplement thereof on the following dates,to wit: disposal service charges for each such parcel for
_the period endm -June 30, 2002, computed in
May 21st 29th conformity"with the charges prescribed by Sec-
tion 6.04200 of the Municipal Cade of the OILY of
-------_------------------------_----------------_-------__ Palm Springs
The pwpose of said healing is to determine
-------_------------------------_----------------_
whether the delinquent waste chsposal charges
--------- taxdescribedroll
it,said report shall e he satedme peif t e
All in the year 2002 tax roll m the same manner, ge the same p rnet
and at rho same time as, together with and not
I certify(or declare)under penalty of perjury that the separately from, the geoeial taxes of the City of
Palm Springs. This means that, if the delinquent
foregoing is true and correct. charges are not timely paid, they may be as-
sessed against the property and collected as a
30t1t tax lien.
Dated at Palm Springs,California this--------------day All interested persons are invited to attend the
May Public I leanng, and all persons who would be af-
fected thereby shall have the right to appear at
Of-------------------------- said healing and to file any and all objections
2002 day may have to the collection such charges on
/ I the tax roll
/-�/-oN PATRICIA A SANDERS, City Clerk
o_` _______—_—_ PUB: M9y_21_29, 7.002
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 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 June 5, 2002 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 Of June 30, 2002 as specifically identified in the staff report,
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.
r
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 2002
AYES:
NOES:
ABSENT
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Cleric City Manager
REVIEWED & APPROVED as to form