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HomeMy WebLinkAboutAGENDA REPORT 2022 0921 CCSA REG ITEM 10ECITY OF MOORPARK, CALIFORNIA City Council Meeting of September 21, 2022 ACTION APPROVED STAFF RECOMMENDATION. BY A. Hurtado. E. Consider Write-Off of Certain Accounts Receivables in Connection with Fiscal Year End 2021/22; and Approve Streamlined Collection Plans for Selected Aged Receivables. Staff Recommendation: 1) Approve the write-off of all outstanding amounts associated with the invoices listed on Exhibit A, which total $403,019.98. Due to the magnitude of the accounts considered and the detailed reconciliation required to complete, should final reconciliation of receivables result in an incremental variance of $1,500 or less to the proposed amount. Council additionally approves said increment, up to a write-off maximum of $404,519.98; and 2) Approve the streamlined collection plans associated with on-going active receivables as specifically described for each receivable in Exhibit B. (Staff: Vivien Avella, Finance Director/City Treasurer) (ROLL CALL VOTE REQUIRED) Item: 10.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Vivien Avella, Finance Director DATE: 09/21/2022 Regular Meeting SUBJECT: Consider Write-Off of Certain Accounts Receivables in Connection with Fiscal Year End 2021/22; and Approve Streamlined Collection Plans for Selected Aged Receivables SUMMARY Over time, the City of Moorpark has accumulated aged accounts receivables that have been deemed as uncollectible. Most of these receivables have been reserved through adjustments to doubtful accounts reserves. Staff is proposing this write-off now to reduce aged receivables balances, concurrent with Fiscal Year (FY) 2021/22 fiscal year end. In addition, staff is also requesting that City Council approve streamlined collection plans for certain designated receivables to increase collections success. BACKGROUND A significant majority of City revenues are collected without a traditional invoicing process, and therefore do not carry collection risk. Tax payments, interest income, franchise fees, developer fees, building permits, and charges for service are generally received via direct payment or at the point of sale. Net accounts receivable balances at any given time typically account for less than 5% of annual City revenues. The City issues invoices for City-owned property rentals and operating agreements, reimbursable grants, administrative fees associated with affordable housing programs, false fire alarm citations, and additional miscellaneous billings. These revenue streams are recorded as receivables and remain on the City’s balance sheet until collection, or write-off in the case of delinquent accounts. Per Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Government Accounting Standards Board (GASB), the City must evaluate the collectability of accounts receivables and establish appropriate financial reserves for doubtful accounts on an annual basis. The City is also expected to complete a final write-off of doubtful receivables against the reserve as balances prove to be uncollectible. Item: 10.E. 422 Honorable City Council 09/21/2022 Regular Meeting Page 2 Consistent with these standards, the City maintains uncollectible revenue reserves for each City fund, including grant receivables. The reserve amount is an estimation, based upon consideration of receivable age and known risk factors associated with collection. As of June 30, 2021, the total of all doubtful account reserves on hand was $328,859.13. Creating a reserve has the fiscal impact of expensing the amount of doubtful accounts through the City’s Statement of Activities (in other words, a reserve entry adds net expense on a profit and loss statement). The City has had the adequacy of its reserves tested and approved by the City’s external auditor on an annual basis. Until fully written off, the City can still actively attempt collections. After all collection attempts have proven unsuccessful, the receivable should be considered for final write-off disposition against the reserve in normal course. The City has not completed a formal write-off of accounts receivable in recent history. As a result, the uncollectible balance and the accompanying reserve have grown each year, as has the risk of non-collection. The auditor has recommended that the City act on the uncollectible accounts in the interest of best practices and proper accounting procedure. This action will serve to “clean-up” aged/uncollectible receivables and of equal importance, will allow staff resources to focus on active receivables collection efforts. City Collection Efforts Over the years, the City’s collection efforts have not been consistent. The nature of the City’s receivables creates challenges in collection. Large volumes of small dollar invoices due from individual accounts often yield poor collections results. Low recovery rates are also typical for property damage claims, as they are often up to the final judgement of a third-party insurer, if such insurance is even present. Finally, given the relatively small amount of receivables activity, collections have not been prioritized with limited staff resources. The proposed write-off detailed later in this report of $403,019.98 represents the entirety of bad debt receivables amassed over a period of nearly 20 years. Evaluated in that context, annualized write-off activity is reasonable. Regardless, staff is hopeful that this significant clean-up action and on-going improvement efforts will provide the City with better collections results. The City is also in process of implementing various actions to improve collections, including delivery of monthly statements after the initial invoice, until a third and final notice is issued. After the final notice, the City will evaluate for referral to a third-party collection agent as permitted by City Policy. The City has an existing agreement with Financial Credit Network, a third-party organization that provides collections services. Moving forward, delinquent accounts will be referred to collections after internal efforts prove unsuccessful. Should both internal and external collections efforts be exhausted, staff will recommend final write-off on an annual basis in connection with fiscal year end to prevent further build-up of aged balances. 423 Honorable City Council 09/21/2022 Regular Meeting Page 3 Specifically regarding property damage receivables, in 2019 the City began partnering with Carl Warren & Co., LLC, to administer the City’s property damage recovery program. Carl Warren provides third-party claims administration services under the auspices of the City’s membership in the California Joint Powers Insurance Authority. To date, this partnership has proven successful and has demonstrated a high rate of recovery (nearly 100% of claims exceeding a value of $1,000 in FY 2021-22). All property damage receivables proposed for write-off were incurred prior to the establishment of this new outsourced process. DISCUSSION Accounts Proposed for Write-Off: Action Item One (Exhibit A) As of August 31st, the City’s estimated gross receivables balance prior to reserves was $967,753. The table below shows a breakdown of those receivables by category. A/R Analysis Accounts Receivable Category $ Outstanding # of Invoices Average $ Invoice Notes Grants $416,959.40 7 59,566 Reimbursement grants Property Damage 172,387.14 115 1,499 For damage of City property Reimbursement 99,012.79 34 2,912 Legal, utilities, DUI investigations HOA/Admin/CAM 80,543.13 5 16,109 Administrative and CAM fees False Alarm 79,410.38 217 366 Citations for false alarms High Street Arts Center 54,002.00 19 2,842 Operating agreement payments Rent 46,737.85 19 2,460 Monthly tenant payments Miscellaneous 18,700.71 89 210 Miscellaneous citations, NSFs Total $967,753.40 505 1,916 Staff has performed an analysis of the 505 outstanding invoices and has determined that accounts aged over three years are reasonably uncollectible and should be written off without further delay. There are two additional accounts, while not aged, that warrant write-off consideration. A discussion of those accounts follows. High Street Arts Center Receivables and 500 Los Angeles Avenue The High Street Arts Center (“HSAC” or “Center”) has had a long and rich history as a source of culture and entertainment for the residents of Moorpark. The City purchased the Center building complex in 2005, and in 2015, the Moorpark Foundation for the Arts (the Foundation) began operating the Center on an independent basis without further financial subsidy from the City. Since that time, the Center has been fully managed by the Foundation under an operating agreement whereby the City receives monthly payments of $3,000. Due to the COVID-19 pandemic, the Center was forced to close its doors on March 8, 2020. During the mandated closure, the Center took in minimal to no revenue yet still covered certain fixed costs including basic maintenance and payroll costs, resulting in financial losses to the Center. Theater operations did not resume until 424 Honorable City Council 09/21/2022 Regular Meeting Page 4 nearly a year and half later, in August of 2021. While the theater has held concert and performance theater events on a regular basis since re-opening, Management estimates that theater capacity and resulting revenues are down by approximately 30-40% from pre- pandemic levels, while monthly payments of $3,000 owing under the Operating Agreement have continued to be billed by the City. As of September 1, the Center had become 18 months delinquent per the terms of the Agreement, with a total past due balance of $54,002. In August of 2022, the City issued a force majeure notification to the Center, effectively ceasing the Center’s obligation to pay monthly charges until an amended agreement could be finalized due to the economic impact of the COVID-19 Pandemic. The terms of an amended agreement are being finalized and will be presented to Council at an upcoming meeting. The City’s ambitious plans for the redevelopment of historic High Street includes the HSAC as a strategic partner, and it behooves the City to work with the Foundation to support their operational and financial success. The Center has requested forgiveness of the outstanding receivables owed to the City under the current Operating Agreement, which total $54,002. The $2 ancillary amounts are related to adjacent HSAC buildings with an annual one-dollar lease. The 18 months of outstanding receivables generally corresponds to the approximate 18 months the Center was closed. Regarding 500 Los Angeles Avenue, this City property was sold to the then-existing rental tenant in December 2021, with two final rent payments inadvertently remaining unpaid. Parks, Recreation and Community Services and Finance staff concur that the ability to retroactively collect unpaid rent after the completion of the sale transaction is impaired, and this small amount of $6,000 is proposed for write-off. Shown below is a table of the proposed write-off of accounts receivable by category and amount, with notes attached. A detailed accounting of each account proposed for collection is attached as Exhibit A. Proposed Write-Off Accounts Receivable Category $ Outstanding Notes Property Damage $172,387.14 Aged > three years Reimbursement 74,318.03 Aged > three years HSAC 54,002.00 COVID forgiveness False Alarm Citations 44,310.00 Aged > three years HOA/Admin/Maintenance 34,459.18 Aged > three years Miscellaneous 12,335.45 Aged > three years Rent 11,208.18 Aged > three years plus current write-off Total Requested Write-Off: $403,019.98 Detailed as Exhibit A 425 Honorable City Council 09/21/2022 Regular Meeting Page 5 Active Accounts Not Proposed for Write-Off: Action Item Two (Exhibit B) For certain active account balances not proposed for write-off (as shown in Exhibit B), Staff has proposed action plans for each active receivable that is indicated, and requests Council approval to proceed with such actions. City Council Financial Policy 5.4 describes that not only is City Council approval required for the formal write-off of uncollectible accounts, but it is also required for adjustments to collection procedures that reasonably deviate from Policy provisions. Due to the age of certain active accounts, staff recommends foregoing certain provisions of the stated Policy collections procedures, including: (1) the assessment of penalties and interest, (2) the requirement to send multiple collections notices to already aged accounts, and (3) consideration of a small claims court filing for each receivable. This procedure is based on the reality that these procedures will further erode the limited window of opportunity to effectuate prompt collections for receivables already aged yet still potentially collectible. In addition, active receivables over $1,000 require City Council approval for any “adjustment”, which staff interprets as any deviation from the stated collection Policy. Therefore, indicated receivables on Exhibit B represent aged receivables that are not proposed for write-off, but are proposed for streamlined collections efforts as detailed for each affected receivable account. There are 77 invoices totaling $39,180.52 proposed for streamlined actions listed in Exhibit B. FISCAL IMPACT Most of the aged amounts proposed for write-off on Exhibit A have been previously reserved. Historical estimations of reserves sufficient to cover uncollectible accounts have proven largely accurate, with 96% of the proposed aged balance write-off covered by existing reserves. For the aged receivables, the incremental fiscal impact to FY 2021/22 results is estimated at $14,158.67. However, the proposed write-off also includes current receivables either not yet booked, sufficiently aged, or otherwise not viewed as a collection risk at fiscal year-end 2020/21. These include the HSAC as well as the 500 Los Angeles Avenue property receivables. This will result in an incremental write-off to the reserve amount of $60,002. Therefore, the total fiscal impact to the FY 2021/22 Statement of Activities (bad debt expense) will be an additional expense item of $74,160.85. This action does not require a Budget Amendment; the action results from the requirements of City Council Financial Policy Number 5.4, which requires approval of the write-off. A table outlining the fiscal impact is shown on the following page. 426 Honorable City Council 09/21/2022 Regular Meeting Page 6 Fiscal Impact $ Notes Aged A/R Write-Off: (343,017.80) Aged > 3 years; Exhibit A Current A/R Write-Off: (60,002.18) COVID forgiveness, rent; Exhibit A Proposed Total A/R Write-Off: (403,019.98) Total Proposed Write-Off Add: Existing Reserves 328,859.13 As of June 30, 2021 Total: FY 21/22 Fiscal Impact: (74,160.85) FY 21/22 Adjustment (expense) Finalization of the doubtful accounts reserve for Fiscal Year End 2021/22 is pending and further year-end audit adjustments or required increases to the reserves may arise in normal course. Due to the write-off of the vast majority of the City’s doubtful accounts, further adjustments to the FY 2021/22 reserve are not anticipated to be material. There is no fiscal impact for actions recommended on Exhibit B, as these receivables are still subject to active collection and are not proposed for write-off at this time. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1.Approve the write-off of all outstanding amounts associated with the invoices listed on Exhibit A, which total $403,019.98. Due to the magnitude of the accounts considered and the detailed reconciliation required to complete, should final reconciliation of receivables result in an incremental variance of $1,500 or less to the proposed amount. (ROLL CALL VOTE REQUIRED) Council additionally approves said increment, up to a write-off maximum of $404,519.98; and 2.Approve the streamlined collection plans associated with on-going active receivables as specifically described for each receivable in Exhibit B. This action does not require a City Council resolution. Attachment 1: Exhibit A - Receivables Balances Recommended for Write-Off as of August 31 Attachment 2: Exhibit B - Active Receivables Balances as of August 31 and Recommended Actions 427 EXHIBIT A : RECEIVABLES BALANCES RECOMMENDED FOR WRITE-OFF AS OF AUGUST 31 Invoice Description Due Date Invoice Balance Days Requested Notes, Further Action to be Taken, as Applicable Category # Invoice Number Aged Council Action 1 ARCI00023 F/A0000526 3RD FALSE ALARM RESPONSE 1/3/2003 05/08/2003 165.00 7,106 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 2 ARCI00024 F/A0000565 4TH FALSE ALARM RESPONSE 4/17/2003 05/23/2003 110.00 7,091 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 3 ARCl00016 F/A0000627 3RD FALSE ALARM RESPONSE 8/25/2003 10/11/2003 55.00 6,950 write.,;off Beyond California Statute of Limitations of 4 years FALSE ALARM 4 ARCI00025 F/A0000628 5TH FALSE ALARM RESPONSE 9/2/2003 10/11/2003 165.00 6,950 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 5 ARCI00039 F/A0000676 7TH FALSE ALARM RESPONSE 11/27/2003 02/06/2004 385.00 6,835 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 6 ARCI00038 F/A0000673 6TH FALSE ALARM RESPONSE 11/27/03 02/06/2004 275.00 6,832 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 7 ARCI00021 F/A0000701 3RD FALSE ALARM RESPONSE 12/27/2003 02/06/2004 165.00 6,832 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 8 ARCI00017 F/A0000704 4TH FALSE ALARM RESPONSE 10/23/2003 02/06/2004 550.00 6,832 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 9 ARCI00018 F/A0000710 5TH FALSE ALARM RESPONSE 12/30/2003 03/19/2004 440.00 6,790 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 10 ARCI00026 F/A0000729 6TH FALSE ALARM RESPONSE 1/5/2004 03/19/2004 275.00 6,790 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 11 ARCI00048 F/A0000736 3RD FALSE ALARM RESPONSE 1/28/2004 03/19/2004 55.00 6,790 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 12 ARCI00036 F/A0000757 4TH FALSE ALARM RESPONSE 3/6/2004 04/17/2004 275.00 6,761 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 13 ARCI00057 F/A0000806 4TH FALSE ALARM RESPONSE 6/5/2004 09/12/2004 110.00 6,613 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 14 ARCI00041 F/A0000812 8TH FALSE ALARM RESPONSE 5/24/2004 09/17/2004 3,245.00 6,608 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 15 ARCI00060 F/A0000850 3RD FALSE ALARM RESPONSE 7/3/2004 09/30/2004 55.00 6,595 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 16 ARCI00022 F/A0000851 5TH FALSE ALARM RESPONSE 6/18/2004 09/30/2004 165.00 6,595 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 17 ARCI00019 F/A0000854 5TH FALSE ALARM RESPONSE 10/6/2004 12/08/2004 165.00 6,526 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 18 ARCI00063 PKCT000008 PARKING CITATION 12/09/2004 40.00 6,525 write-off Beyond California Statute of Limitations of 4 years MISC 19 ARCI00040 F/A0000864 7TH FALSE ALARM RESPONSE 2/27/2004 12/19/2004 4,565.00 6,515 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 20 ARCI00065 F/A0000892 THIRD FALSE ALARM RESPONSE 01/19/2005 165.00 6,484 write.,:off Beyond California Statute of Limitations of 4 years FALSE ALARM 21 ARCI00066 F/A0000904 5TH FALSE ALARM RESPONSE 12/19/2004 03/26/2005 165.00 6,418 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 22 ARCI00049 F/A0000935 4TH FALSE ALARM RESPONSE 1/13/2005 03/26/2005 275.00 6,418 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 23 ARCI00058 F/A0000923 3RD FALSE ALARM RESPONSE 2/7/2005 03/27/2005 55.00 6,417 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 24 ARCI00044 F/A0000973 16TH & 17TH FALSE ALARM RESPONSE 06/23/2005 1,155.00 6,329 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 25 ARCI00050 F/A0000938 5TH FALSE ALARM RESPONSE 2/22/2005 06/24/2005 182.00 6,328 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 26 ARCI00072 F/A0000996 7/1/2005 THIRD FALSE ALARM RESPONSE 09/01/2005 61.00 6,259 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 27 ARCI00034 F/A0001001 4TH FALSE ALARM RESPONSE 7/25/2005 09/22/2005 121.00 6,238 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 28 ARCI00054 DMGE000001 DUI 11/21/2004 09/25/2005 932.08 6,235 write-off Beyond California Statute of Limitations of 4 years PROPERTY DAMAGE 29 ARCI00073 DMGE000010 05/10/05 DUI BILLING 09/25/2005 630.82 6,235 write-off Beyond California Statute of Limitations of 4 years PROPERTY DAMAGE 30 ARCI00074 DMGE000013 05/22/05 DUI BILLING 09/25/2005 606.17 6,235 write-off Beyond California Statute of Limitations of 4 years PROPERTY DAMAGE 31 ARCI00076 DMGE000020 01/23/04 PROPERTY DAMAGE 09/30/2005 729.00 6,230 write-off Beyond California Statute of Limitations of 4 years PROPERTY DAMAGE 32 ARCI00075 DMGE000027 06/18/05 PROPERTY DAMAGE 10/14/2005 312.89 6,216 write-off Beyond California Statute of Limitations of 4 years PROPERTY DAMAGE 33 ARCI00077 DMGE000029 09/06/05 DUI BILLING 11/06/2005 688.28 6,193 write-off Beyond California Statute of Limitations of 4 years PROPERTY DAMAGE 34 ARCI00079 DMGE000030 09/11/05 DUI BILLING 11/06/2005 883.59 6,193 write-off Beyond California Statute of Limitations of 4 years PROPERTY DAMAGE 35 ARCI00042 F/A0001016 8TH FALSE ALARM RESPONSE 9/28/2005 11/06/2005 545.00 6,193 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 36 ARCI00043 F/A0001022 9TH FALSE ALARM RESPONSE 10/5/2005 12/22/2005 605.00 6,147 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 37 ARCI00037 F/A0001037 5TH FALSE ALARM RESPONSE 12/15/2005 02/18/2006 182.00 6,089 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 38 ARCI00071 F/A0001045 12/04/05 4TH &12/05/05 5TH FALSE ALARM RESPONSE 02/18/2006 303.00 6,089 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 39 ARCI00078 DMGE000034 09/11/05 DUI PROPERTY DAMAGE 02/16/2006 131.10 6,088 write-off Beyond California Statute of Limitations of 4 years PROPERTY DAMAGE 40 ARCI00080 DUI0000010 08/22/05 DUI POLICE SERVICES & PROPERTY DAMAGES 02/26/2006 828.29 6,081 write-off Beyond California Statute of Limitations of 4 years REIMBURSEMENT 41 ARCI00028 F/A0001054 3RD FALSE ALARM RESPONSE 1/22/2006 03/30/2006 61.00 6,049 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 42 ARCI00053 F/A0001057 5TH -7TH FALSE ALARM RESPONSE 04/02/2006 909.00 6,046 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 43 ARCI00087 DMGE000044 03/03/06 PROPERTY DAMAGE 06/17/2006 81.93 5,970 write-off Beyond California Statute of Limitations of 4 years PROPERTY DAMAGE 44 ARCI00051 F/A0001063 7TH FALSE ALARM RESPONSE 4/25/2006 07/15/2006 424.00 5,942 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM 45 ARCI00088 F/A0001070 04/30/06 3RD FALSE ALARM RESPONSE 07/15/2006 61.00 5,942 write-off Beyond California Statute of Limitations of 4 years FALSE ALARM AR WRITE OFF 9.21.22 10F9 9/14/2022 ATTACHMENT 1 428 429 430 431 432 433 434 435 436 ATTACHMENT 2 437 438 439 440