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HomeMy WebLinkAbout2009-07-28 City Council Item No. 7CITY OF LADE L LSIIYORE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 28, 2009 SUBJECT: RESOLUTION TO APPROVE PLACING DELINQUENT REFUSE BILLS ON FY 2008-2009 TAX ROLL Background On June 9, 1992, CR&R, Inc. was awarded an exclusive franchise agreement to provide solid waste collection and recycling services. Due to uncollectible accounts resulting from non-payment from property owners and renters, City Council approved collections via the tax rolls. These collections are for those accounts whose payments are delinquent a minimum of 120-days. These costs are to include the delinquent charges, the appropriate late payments, processing fees and the trash collection and recycling fees for the following year for existing residence. Discussion As of July 1, 2009, there are 571 new accounts on delinquent tax rolls totaling $142,619.38. Due to these delinquent accounts and CR&R's past actions to collect for services rendered, CR&R submits a list of accounts for City Council's consideration to be placed on the tax roll. FISCAL IMPACT Payment from delinquent accounts placed on the tax rolls can take as long as 24-months to collect. In addition, CR&R continues to pay the City the franchise fee from the gross revenues. CC July 28, 2009 Item No. 7 Page 1 of 5 Refuse Charges on Tax Roll Page 2 July 28, 2009 RECOMMENDATION Staff recommends that the City Council approve Resolution No. and instructs the City Clerk to file with the Riverside County Auditor a certified copy of Resolution No. along with the 120-days past due accounts report. Prepared by: Nicole Fields Engineering Tech II Ken A. Seumalo tok< Director of Public Works Approved by: Robert A. Brady City Manager Attachment: Resolution CC July 28, 2009 Item No. 7 Page 2 of 5 Page 1 of 2 RESOLUTION NO. 2009- A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AFFIRMING THE REPORT OF DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS WHEREAS, a written report of residential refuse collection fees delinquent as of July 1, 2009 has been prepared and filed with the City Clerk as set out in the Lake Elsinore Municipal Code and the Health and Safety Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The report of residential refuse collection fees delinquent as of July 1, 2009 attached to and incorporated herewith in this resolution hereby is confirmed. The City Clerk is directed to file a certified copy of this resolution and of the report with the County Auditor. The County Auditor is designated and empowered to perform the duties as necessary. SECTION 2. The fees set forth in the report shall constitute a special assessment against the respective parcels on which they are levied and are a lien against such property. The assessment shall be collected at the same time and subject to the same procedures provided such taxes. All laws applicable to the levy, collection and enforcement of ad valorem property taxes shall be applicable to such assessments, except that if any real property to which such fees or changes relate has been transferred or conveyed to a bona fide encumbrance for value has been created and attached thereon, prior to the date on which the first installment of such taxes would become delinquent, then a lien which would otherwise be imposed shall not attach to such real property and the fees or charges or interest shall be transferred to the unsecured roll for collection. SECTION 3. The City shall remit the fees collected to the franchised solid waste collector within 15-days after receipt thereof. SECTION 4. That portion of the principal, interest and other costs related to the delinquent trash accounts to be placed on the County Tax Rolls and be collected by the Riverside County Tax Collector, as provided for in Exhibit "A" (a summary of fixed charges). CC July 28, 2009 Item No. 7 Page 3 of 5 CC Resolution No. 2009- Page 2 of 2 SECTION 5. That the properties to be assessed and the related amounts are submitted on magnetic tape as requested by the Riverside County Tax Collector, further identified as County Fund No. 68-2370. SECTION 6. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 28th day of July 2009 by the following vote.: AYES: NOES: ABSENT: ABSTAIN: ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: DEBORA THOMSEN, CMC CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CC July 28, 2009 Item No. 7 Page 4 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, do hereby certify that the attached Resolution No. 2009- was duly approved and adopted by the City Council at the regular meeting thereof held on the 28th day of July, 2009. Attached is a true and correct copy of the original document which is on file in my office. EXECUTED this 29th day of July, 2009, at the City Clerk's office of Lake Elsinore, California. Debora Thomsen, CIVIC City Clerk City of Lake Elsinore, California CC July 28, 2009 Item No. 7 Page 5 of 5