HomeMy WebLinkAboutOrd 500 Business License Category for Non Franchise Solid Waste Handlers CITY O F PALM DESERT
INTEROFFICE MEMORANDUM
TO: HONORABLE MAYOR KELLY, COUNCIL MEMBERS, & CITY MANAGER
FROM: FRANK ALLEN, CODE COMPLIANCE DIRECTOR
SUBJECT: BUSINESS LICENSE CATEGORY FOR NON
FRANCHISE SOLID NAB HANDLERS .,CTION:
APPROVED DENIED DATE : FEBRUARY 19, 1987 RECEIVED OTHE=/r_
MEETING DATE,
- 4(07
AYES:
9
I . DISCUSSION NOES:l ,
In an executive session "DeLaem r t i t was the consensus
1.of Council to author i zgE$IEon '008kch s._e _ so 1 i d waste hanaT`er
to provide service irilifi�I- CiL 1, "Ale htirtg. as_ _suCM: VfF!vice
didn ' t violate the solid waste franchise agreement with the
Palm Desert Disposal Company . This action , of course ,
requires amending the business license ordinance imposing a
license rate fee on a non franchise solid waste handler .
II . PROPOSED ORDINANCE
The ordinance before you , adds category I to Chapter 5 . 06 ,
Section 5 . 06 . 010 by requiring the non franchise solid waste
handler to pay a business license fee based upon the gross
receipts for an out of city business . In addition to this ,
103/4 of the gross receipts obtained within the City based
upon a fiscal or calendar year .
The rates for an out of city business is described in
Category "C" as shown :
FEES
$ 0 to and including $ 100,000 $ 75
$ 100,001 u " $ 250,000 $ 113
$ 250,001 II II It $ 500,000 $ 263
$ 500,001 $ 750,000 $ 338
$ 750,001 It It $ 1,000,000 $ 483
$ 1,000,001 tl $ 1,500,000 $ 587
$ 1,500,001 " $ 2,000,000 $ 713
$ 2,000,001 II II $ 3,000,000 $ 900
$ 3,000,001 it II $ 5,000,000 $ 1275
PAGE 2 . . .
TO : HONORABLE MAYOR KELLY , COUNCIL MEMBERS, 8 CITY MANAGER
FROM : FRANK ALLEN
SUBJECT : BUSINESS LICENSE SOLID WASTE
DATE : FEBRUARY 19 , 1987
III . RECOMMENDATION
Accept the ordinance .
(a71.171-A-1.!//g5
FRANK ALLEN , Director
Code Compliance Department
FA :daj
.,RD I NANCE NO. 500
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT , CALIFORNIA
AMENDING CHAPTER 5 . 06 , SECTION 5 . 06 .
010 BY ADDING CATEGORY I PERTAINING
BUSINESS LICENSES .
The City Council of the City of Palm Desert , California,
DOES HEREBY ORDAIN , as follows :
Section 1 : That Category I is hereby added to Section
5 . 06 . 010 to read as follows :
" Non franchised solid waste handlers conducting business
within the City , by providing services exempted from Chapter
8 . 16 of the Municipal Code , shall pay in accordance with the
rate schedule of Category "C " , plus ten ( IOU percent of the
total gross receipts attributed to activities conducted within
the City , based upon the license year of the licensee, either
calendar or, fiscal year" .
Section 2 : The City Clerk is directed to publish this
ordinance once in the Palm Desert Post , a newspaper of general
circulation , published and circulated in the City of Palm
Desert , California , and shall certify to the passage and adoption
of this ordinance , and the same shall be in full force and effect
thirty ( 30) days after its adoption .
PASSED , APPROVED and ADOPTED this day of
, 1987 , by the following vote :
AYES :
NOES :
ABSENT :
ABSTAIN :
RICHARD KELLY , Mayor
ATTEST :
SHEILA R . GILLIGAN , City Clerk
City of Palm Desert , California
CLAYSON, MANN, AREND & YAEGER
A PROFESSIONAL LAW CORPORATION
ROY H. MANN CLAYSON LAW BUILDING WALTER S. CLAYSON
ERLING C. AREND 1887-1972
DERRILL E. YAEGER 601 SOUTH MAIN STREET
EVAN G. EVANS
GARY H. ROSENZWEIG CORONA, CALIFORNIA 91720 E. SPURGEON ROTHROCK
ELISABETH SICHEL 1918-1979
RENT A. HANSEN POST OFFICE BOX 1447
ROLAND C. BAINER
DAVID R. SAUNDERS CORONA, CALIFORNIA 9 1 7 1 8-1447 AREA CODE 714
JAMES R. ROSE
SALLIE BARNETT 737-1910
689-7241
March 17 , 1987
r0 Ql
City of Palm Desert c �,D
City Hall ' J-1 n
73510 Fred Waring Drive 1
Palm Desert , CA 92260
Re: Proposed Ordinance 500 (Amending Section 5.06.010
Pertaining To Business Licenses) and Proposed
Ordinance 501 (Amending Section 8.16.060 Pertaining
to Solid Waste
Dear Mayor Kelly and Members of the Council :
Jim Brockman of Western Waste Industries and myself were
present at the Council meeting on March 12, 1987 , when the
Council continued the first reading of the above ordinances to
March 26 , 1987 . The continuance was requested by Palm Desert
Disposal and its parent company Waste Management and we had no
objection to the action taken by the Council . Because of this
continuance , the Council may be receiving further input regarding
these proposed ordinance amendments , and this letter will set
forth my client' s position regarding those amendments .
Western Waste Industries does not object to the adoption of
either or both amendments . As to section 5. 06.010, we would
offer two minor modifications for consideration. Through
conversations with City staff we understood that dump fees were
to be excluded from the 10% of total gross receipts that is to be
paid to the City as is currently being done by Palm Desert
Disposal . The rationale for that exclusion is the fact that dump
fees are passed through directly to the customer at the same rate
paid by my client . If this is a correct understanding of staff' s
intent, I would suggest that after "total gross receipts" in
paragraph 1 of section 5.06 .010 be inserted the words "excluding
dump fees" .
The second suggestion for this same section is that at the
end of paragraph 1 , the following words be added : "to be paid
quarterly." . It would benefit the City to receive the subject
funds quarterly rather than at the end of the calendar or fiscal
year . Quarterly payments would not be an unreasonable burden to
City of Palm Desert
March 17 , 1987
Page two
impose upon my client or other reputable haulers, would be in
conformance with present procedure and would not impose an
additional burden to City Staff .
These two suggestions are simply that, and we have no
objection to adoption of both amendments in their present form.
However , if Palm Desert Disposal objects to these proposed
amendments, my client would not be opposed to leaving the present
Ordinance in place without any change . I am of the opinion that
the City would be wise to adopt the business license amendment so
collection of the fee is guaranteed , but my client is willing to
voluntarily pay a sum equivalent to what the current franchisee
is paying to the City, as it has never been my client' s intent to
do construction debris hauling without paying such a fee or to
have any unfair advantage over any other hauler who might be
seeking to perform this same service . If need be, perhaps the
City Attorney can assist in advising how such a voluntary fee
payment could be made . If voluntary payment is feasible, and the
opposition to the amendments is too strenuous , the Council may
wish to let things exist as they now stand until the current
franchise agreement comes up for renewal and address these issues
at that time. As long as the right of my client to do
construction debris hauling as affirmed by the court, is not
negated , we are willing to support and abide by any reasonable
solution proposed by the Council .
Thank you for taking the time to consider our position in
this matter . Mr . Brockman and I will again attend your next
council meeting so as to be available if further comment on this
matter is needed .
Very truly yo
Roland C. Bainer
RC B/m a
PALMDES (EP-12)
cc : David Erwin , Esq.
Gregory W. Stepanicich, Esq.
Bruce Altman , City Manager
Carlos Ortega , Assistant City Manager
Frank Allen , Code Compliance Director
Al Simonian
Jim Brockman