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Home My WebLink About29-City Clerk .... CITY GF SAN BERN~DINO - REQUEST lOR COUNCIL ACTION . . - - . From: Rachel Krasney, City Clerk Subject: Public Hearing and Resolution imposing liens on property located within the City of San Bernardino for uncollected business license fees. Dept: City Clerk's Office, Business License Division Date: August 20, 1991 Synopsis of Previous Council action: Previously, a resolution has been presented to the Common Council for authorization to impose liens on certain parcels of property for uncollected business license fees. Recommended motion: That the hearing be closed; said resolution be adopted. -fl.~ ~ Contact person: Cindy Buechter - Business License Inspector Supporting data attached: Resolution and Exhibit Phone: 384-5496 Werd: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Descriotionl Finence: Council Notes: AllAn":. I tAm Nn 2.' . 11 JJjl - TV OF. BAN ....NARiNO - REabaT FoAouNCIL ACTION STAFF REPORT subject: public Hea.ring and Resolution imposing liens on property located within the city of San Bernardino for uncollected business license fees. REOUEST To impose liens on real property for business license fees for the renting or leasing of dwelling units. BACKGROUND On January 9, 1990 the Mayor and Common Council passed Ordinance No. MC-700 amending subsection 5.04.525F requiring a business license for leasing or renting residential pro- perty. Business licenses for single family homes were required effective July 1, 1990. After the adoption of Ordinance No. MC-700 the Business License Division began notifying owners of record on all properties which did not have a Home OWner Exemption filed with the County Assessor's Office. This was the only logical course to take to try to identify the estimated 9,000 rental properties located in the city (25% of all single family dwelling units). All owners of record on the attached Exhibit "A" were mailed a total of three notices asking for license fees or a re- sponse that the property was not used for rental purposes, the property had been sold, etc. The final notice was sent certified mail and advised owner of the impending lien process. The Business License Division has received no response to date. On November 19, 1990 the Mayor and Common Council adopted Ordinance No. MC-756 adding section 5.04.076 to the San Bernardino Municipal Code relating to liens for delinquent business license fees. This states in part, .Whenever delinquent business license fees and appropriate penalties cannot be collected after proper notification to the pro- perty/business owner, the total uncollected amount inCluding penalties and administrative fees shall become assess- ments..." . - - , o o RESOLUTION NO. 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN 3 BERNARDINO POR UNCOLLECTED BUSINESS LICENSE FEES. (189 E. 9th St., 561 Santa Pe St., 1848 W. Bbllev1ew St., 820 R. Santa Fe-St., 4 979 W. Dover Dr., 2495 Duffy St., 1188 Da.iasQR ~., 1365 Davidson Ave., 883 Dallas Ave., 2381 Davidson Ave., 27.5 W CQurt 5 St., l'SSO To7 8th St., 3635 Belle St., 695 W. 34th St., 1042 W. 24th St., 2894 St. Elmo, 1868 COlorado, 2037 W. 18th St., 1995 W. 6 19th St., 1982 Lincoln) 7 BE IT RESOLVED BY THE HAYOR AND COHHON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City of San Bernardino, pursuant to its 9 authority under San Bernardino Municipal Code Chapter 5.04.076 10 does hereby impose liens on the real property described as 11 12 13 14 Exhibit "A", attached hereto and incorporated herein by reference, for uncollected business license fees and all future fees and penalties. Due notice was given to the person or persons having an 15 16 Common Council to hear protests and to assess the fees imposed on interest in said property and a hearing was held by the Mayor and 17 18 19 20 21 22 23 24 25 26 27 28 said property. SECTION 2. The matter having now come before the Mayor and Common Council for confirmation of the imposition of the liens imposed, the following fees are found to have been uncollectible after proper notification to the propertylbusiness owner pursuant to proceedings under said provisions of the San Bernardino Municipal Code. The statements of fees on file with the City Clerk are hereby confirmed and adopted as special assessments against the properties listed on Exhibit "A" hereto. II II 1 o o . RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON 1 CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS LICENSE FEES. 2 3 SECTION 3. The City Clerk is hereby directed to file a 4 certified copy of this resolution with the Auditor of the County 5 of San Bernardino, State of California, directing the said sum be 6 entered as lien charges against said property as it appears. on the 7 current assessment rolls, to be collected at the same time and in 8 the same manner, subject to the same penalties and interest upon 9 delinquencies, as the general taxes for the City of San Bernardino 10 are collected. The City Clerk shall present for recording 11 appropriate notices of the imposition of these liens with the 12 County Recorder. 13 II 14 I I 15 II 16 II 17 I I 18 I I 19 I I 20 II 21 II 22 II 23 I I 24 / / 25 / / 26 / / 27 II 28 1/ 2 .~;-~.-.._, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 2 3 kESOLUT~Orl OF THE CITY OF LA~ 3ERNARDIN~ IMPOSING ~I~NS ON CE,l'rAIN PAR'::':LS OF REAL PROPERTY LOCATED WITHIN THE CITY uI' SAN BEffi~ARD!NO FOR UNCOLLECTED BJSINESS LICENSE I'EES. I HEREBY CERTIFY that the for(~going resolution w.~s duly 4 adopted by thE! .o1ayo.c and Common Council of the City of San 5 Bernardino at A meeting thereof, held on the , 1991, by the fo~lowing vote, to 6 day of 7 wit: 8 Council Members: ~ DAIS. ABSTAIN ASSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolucion i~ hereby approved this day of , 1991. W. R. Holcomb, Kayor City .:>f Sdn Bernardino Approved as to form and leqal content: James F. Penman City Attorney \ 3 ,,' Assessor's Number 140 231 13 280 043 01 137 041 17 280 072 19 154 741 47 143 352 04 144 07l 23 144 202 41 142 464 08 148 221 17 o 0 EXHIBIT nAn Address - Affected Property Owner's Name 189 E. 9th st. Jay Gazzo1o 2558 Yorkshire Road Riverside, CA " 92506 Amount of Assessment $ 341.50 561 Santa Fe St. $ 341. 50 Francisco T. Vaca 561 Santa Fe St. San Bernardino, CA 92408 Be eview st. a?/-~' f!tc;}$ 281.50 inez fI(JtI.:;JI vaavn:t I:i- ena Street ~ ~ ern rdino, CA 92404 820 E~a ta Fe St. Ca1ifo a Castles 401 N. ookhurst, .108 Anahe' , A 92801 979 W. Dover Drive Luis Villanueva 24225 Stanhurst Avenue Lomita, CA 90717 ~ 2495 Duffy St. Cherlyn Reed 2495 Duffy St. San Bernardino, CA 92405 111/7/ - llie 'Ac ,; C'WT<-i: I h:c ' I 92411 1365 Davidson Ave. Jacquie Washington 1365 Massachusetts San Bernardino, CA 92411 883 Dallas Ave. Meyer Rahmanian 1320 Princeton, .103 Santa Monica, CA 90404 2381 Davidson Robert Castaneda 2381 Davidson Ave. San Bernardino, CA 92405 $ 281.50 $ 341.50 $ 341.50 $ 281. 50 $ 341.50 $ 331.50 $ 331.50 P~t//<:jPoI :JCt , 142 272 06 139 224 28 153 022 15 151 053 16 148 231 02 142 441 09 269 321 19 269 324 04 269 072 12 369 321 11 o 2745 w. Cau-rt St. Patrf~ia/M. Thomas 2745 ioc- Court St. -' , Rialto"CA 92376 .-,/-;,,.', 1.)/'-""- ....fL '71J i , o -r- upLLLf $ 326.50 RWztu''( J(}(}ClLP~d $ A.;O,~ CA 92411 S 3635 Belle St. Gregory Drake P.O. Box 19546 Santa Ana, CA 92713 695 w. 34th St. Paul J. Peterson 695 W. 34th St. San Bernardino, CA 92405 1042 W. 24th St. Steven L. Baker 1614 Morgan San Bernardino, CA 92407 2894 St. Elmo Valerie Beauregard 1818 Colorado Ave. San Bernardino, Ca 92411 1868 Colorado Valerie Beauregard 1818 Colorado Ave. San Bernardino, CA 92411 2037 W. 18th St. Valerie Beauregard 1818 Colorado Ave. San Bernardino, CA 92411 1995 W. 19th St. Valerie Beauregard 1818 Colorado Ave. San Bernardino, CA 92411 1982 Lincoln George Beauregard 1861 West Virginia St. San Bernardino, Ca 92411 206.50 $ 331. 50 $ 331.50 $ 281.50 $ 281.50 $ 281. 50 $ 341.50 $ 341. 50 $ 281. 50 , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND METRO DISPLAY ADVERTISING, INC., DOING BUSINESS AS BUSTOP SHELTERS OF CALIFORNIA, INC. RELATING TO THE PROVISION OF AN ADDITIONAL 13 SHELTERS IN LOCATIONS THROUGHOUT THE CITY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City a first amendment to the Agreement by and between the City of San Bernardino and Metro Display Advertising, Inc. doing business as Bustop Shelters of California, Inc., a California corporation, 18023 Sky Park CirCle, H2, Irv.ine, CA 92714 relating to the provision of 13 additional shelters in various locations throughout the City. SECTION 2. The authorization to execute the above referenced amendment is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereon, held on the day of , 1991, by the following vote, to wit: / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / .'10 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO EXECUTING AN AMENDMENT TO THE AGRE~NT WITH METRO DISPLAY ADV~TISING, INC. (BUSTOP SHELTERS OF~~LIFORNIA) RELATING TO TH&.~ROVISION OF AN ADDITIONAL 13 SHELTERS. Councilmembers AYES ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER NAYS ABSTAIN ABSENT CITY CLERK The foregoing resolution is hereby approved this of , 1991. Approved as to form and legal content: JAMES F. PENMAN City Attorney BY~/ -2- day W. R. HOLCOMB, MAYOR City of San Bernardino . o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT made and entered into this day of , 1991, by and between the CITY OF SAN BERNARDINO, a municipal corporation, 300 North "0" Street, San Bernardino, California 92418 (herein doing business as BUSTOP SHELTERS OF CALIFORNIA, INC., a California corporation, 18023 Sky Park Circle, H2, Irvine, California 92714 (herein referred to as "Contractor"). WITNESSETH: WHEREAS, the parties hereto entered into that certain Agreement dated June 1, 1990, relating to bus shelters at certain bus stops locations throughout the City, and WHEREAS, the parties desire now to amend said Agreement to allow for additional locations and, NOW, THEREFORE, the parties hereto agree as follows: 1. section 1 of said Agreement is hereby amended to read as follows: "I. Riqht to Construct City hereby grants to Contractor, on the terms hereinafter described, a license to construct, erect, install, repair, maintain and insure shelters at nineteen (19) designated bus stop locations on City property, attached as Exhibit "A". All such shelters shall be completely constructed within three (3) months of the . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 2. 18 follows: 19 20 21 22 23 24 25 26 27 28 o o date this Agreement is executed. ci ty further grants to Contractor, on the terms hereinafter described, a license to construct, erect, install, repair, maintain and insure an additional thirteen (13) designated bus stop shelters at locations on City property, attached as Exhibit "B". All such additional shelters shall be completely constructed with three (3) months of the date this Amendment to Agreement is executed." "2. Fees. Contractor shall pay City seventy-five dollars per shelter per month or sixteen percent (16%) of the gross advertising received by Contractor for the rental of advertising space for each shelter, whichever is greater. Subsection b of section 2 is hereby amended to read as "b. For every nineteen (19) shelters constructed under this Agreement, Contractor shall construct, repair, maintain, and insure, at its sole expense, two shelters that contain no advertising and twenty (20) non-advertised benches. The consideration set forth in Paragraph 2 (a) shall not be paid for non- advertised shelters. City shall be responsible for determining the sites for the bus benches. 2 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o 0 In addition to the foregoing and without additional compensation, Contractor will provide an additional fifteen (15) non-advertised bus benches at any locations determined by the City. 3. Section 3 of said agreement is hereby amended to read as follows: "3. Term. The term of this Agreement is five (5) years. At the conclusion of this Agreement, the parties may renew or renegotiate the terms and conditions. If the Agreement is not renewed, Contractor shall remove all shelters as provided in Paragraph 5 (d). 3. Except as amended herein said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on the day and date first above shown. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 3 . AGREEME~BY AND BETWEEN THE CITY ~AN BERNARDINO AND METRO D~LAY ADVERTISING, INC. (B~TOP SHELTERS OF CALIFORNIA) 1 2 3 4 5 6 Approved as to form and legal content: 7 8 9 10 CITY OF SAN BERNARDINO BY: W. R. HOLCOMB, MAYOR JAMES F. PENMAN, city Attorney B~bJ CONTRACTORS: METRO DISPLAY ADVERTISING, INC. d.b.a. BUSTOP SHELTERS OF CALIFORNIA, INC. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BY: BY: . 4 . . . o .. u. o EXHIBIT A ~;,:G'D. - ;\= ~qd_ Cr? BUSTOP SOLTERS 01' CALIl'OlUIIA, INC. LOCATION LIST BY CITY ,._~} ,,: _ - "'. .'.'; Prepared 10/17/90 CITY/UNIT' CITY 01': JJmQ Location Mapkey County SBOO 798 NB 'E' * FS 7th 16 02 SBOO SBOO 801 NB 'E' FS Ent orange pavilln 16 05 SBOO SBOO 799 NB 'E' FS Orange Show Road 16 06 SBOO SBOO 940 SB 'E' * NS 30th 7 04 SBOO SBOO 939 SB 'E' FS Marshall 7 04 SBOO SBOO 783 EB 2nd FS 'G' 16 03 SBOO SBOO 811 EB 40th FS Sepulveda 7 E2 SBOO SBOO 812 WB 40th FS Waterman 7 F2 SBOO SBOO 780 WB Baseline FS Mt. Vernon 16 C1 SBOO SBOO 781 SB Del Rosa FS Date 8 B4 SBOO SBOO 810 WB Highland FS Del Rosa 8 B5 SBOO SBOO 941 WB Highland FS Muscupiabe 7 B5 SBOO SBOO 832N WB Mill FS Lena 17 A4 SBOO SBOO 779 NB Mt. Vernon NS Mill 16 C4 SBOO SBOO 782 SB Sepulveda FS Sierra way 7 E1 SBOO SBOO 831N SB Tippecanoe FS Mill 17 B4 SBOO SBOO 785 NB Waterman FS 9th 16 F2 SBOO SBOO 800 NB Waterman FS Baseline 16 F1 SBOO SBOO 784 NB Waterman FS Olive 16 F1 SBOO TOTAL SOLTERS I'OR CITY 01' IGQ = 19 Total Shelters 19 *Far Side *Near Side - . .. o , ~ u o EXHIBIT B . PROPOSED SITES FOR CITY OF SAN BERNARDINO 1- WESTBOUND 5th Street AT Mt. Vernon 2. EASTBOUND 9th Street AT Waterman 3. EASTBOUND 21st Street AT 402 21st Street 4. EASTBOUND 21st Street AT 780 E. 21st Street 5. EASTBOUND Baseline AT G Street 6. WESTBOUND Baseline AT Mt. View 7. EASTBOUND Baseline AT Sierra 8. EASTBOUND Baseline AT Waterman 9. WESTBOUND Rialto AT Ent. M.H.P. 10. EASTBOUND Rialto AT Macy 11. WESTBOUND 5th Street AT Belle 12. EASTBOUND Baseline AT 1718 Baseline Street 13. WESTBOUND 9th Street AT Sierra ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o 0 RESOLUTION NO. 91-405 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY I,OCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS LICENSE FEES. (189 E. 9th St., 561 Santa Fe St., 979 W. Dover Dr., 2495 Duffy St., 1365 Davidson Ave., 883 Dallas Ave., 2381 Davidson Ave., 3635 Belle St., 695 W. 34th St., 1042 w. 24th St., 2894 St. Elmo, 1868 Colorado, 2037 W. 18th St., 1995 W. 19th St., 1982 Lincoln) BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: ' SECTION 1. The City of San Bernardino, pursuant to its authority under San Bernardino Municipal Code Chapter 5.04.076 does hereby impose liens on the real property described as Exhibit "A", attached hereto and incorporated herein by reference. for uncollected business license fees and all future fees ar.d penalties. Due notice was given to the person or persons having an interest in said property and a hearing was held by the Mayor and Common Council to hear protests and to assess the fees imposed on said property. SECTION 2. The matter having now come before the Mayor and Common Council for confirmation of the imposition of the liens imposed, the following fees are found to have been uncollectible after proper notification to the propertylbusiness owner pursuant to proceedings under said provisions of the San Bernardino Municipal Code. The statements of fees on file with the City Clerk are hereby confirmed and adopted as special assessments against the properties listed on Exhibit "A" hereto. II II II 1 #- 0(9 '1-/6 -9"/ /1 , A / J. , ,'. o o RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS ON 1 CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS LICENSE FEES. 2 3 SECTION 3 . The City Clerk is hereby directed to file a 4 certified copy of this resolution with the Auditor of the County 5 of San Bernardino, State of California, directing the said sum be 6 entered as lien charges against said property as it appears. on the 7 current assessment rolls, to be collected at the same time and in 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the City of San Bernardino are collected. The City Clerk shall present for recording appropriate notices of the imposition of these liens with the County Recorder. II II II II II II II II II II II II II II II II 2 . ~ o 0 1 2 3 RESOLUTION OF THE CITY OF bAN aERNARDIN~ IMPOSING LI3NS ON CER'l'AIN PARCeLS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BJSINESS LICENSE I'EES. I HEREBY CERTIFY that the foregoing resolution W,iS duly 4 adopted by the l~ayor and Common Council of the City of San 5 Bernardino at a reaular 6 ..Jjitll day of Sent....her meeting thereof, held on the , 1991, by the following vote, to 7 wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 By Council Members: ~ liAI.S. ABSTAIN ABSENT ESTRADA ~ REILLY ~ HERNANDEZ ----lL- MAUDSLEY x MINOR ----lL- POPE-LUDLAM x MILLER ---X...- C(~.(d ~~~ City Clerk The foregoing resoluoc:ion is hereby approved this 18th day of September I 1991. /~ ///-;/2 /'/. ,y' ./. "... /' (/ .." / 0 / ___. W. o. 1 0 ., Mayo.>: City of Sdn gernardino /0./ Approved as to form and lellal content. James F. Penman City Attorney 28 3 . Res. 9;(;,.405 Assessor's Number 140 231 13 280 043 01 154 741 47 143 352 04 144 202 41 142 464 08 148 221 17 153 022 15 151 053 16 148 231 02 ~ - o o EXHIBIT nAn Address - Affected Propertv Owner's Name 189 E. 9th St. f~ Jay G~lo ,J ! 255lV'f;~kshire Road 9f17I'l1 Rivers1de, CA 92506 561 Santa Fe St. Francisco T. Vaca 561 Santa Fe St. San Bernardino, CA 92408 979 W. Dover Drive Luis Villanueva 24225 Stanhurst Avenue Lomita, CA 90717 2495 Duffy St. Cher1yn Reed 2495 Duffy St. San Bernardino, CA 92405 1365 Davidson Ave. Jacquie Washington 1365 Massachusetts San Bernardino, CA 92411 883 Dallas Ave. Meyer Rahmanian 1320 Princeton, 1103 Santa Monica, CA 90404 2381 Davidson Robert Castaneda 2381 Davidson Ave. San Bernardino, CA 92405 3635 Belle St. Gregory Drake P.O. Box 19546 Santa Ana, CA 92713 695 W. 34th St. Paul J. Peterson 695 W. 34th St. San Bernardino, CA 92405 1042 W. 24th St. Steven L. Baker Amount of Assessment $ 341.50 $ 341.50 $ 341.50 $ 341.50 $ 341.50 $ 331.50 $ 331.50 $ 331.50 $ 331.50 $ 281.50 - -4 - 0 0 1614 Morgan San Bernardino, CA 92407 142 441 09 2894 St. Elmo $ 281.50 Valerie Beauregard 1818 Colorado Ave. San Bernardino, Ca 92411 269 321 19 1868 Colorado $ 281.50 Valerie Beauregard 1818 Colorado Ave. San Bernardino, CA 92411 269 324 04 2037 W. 18th St. $ 341.50 Valerie Beauregard 1818 Colorado Ave. San Bernardino, CA 92411 269 072 12 1995 W. 19th St. $ 341.50 Valerie Beauregard 1818 Colorado Ave. San Bernardino, CA 92411 369 321 11 1982 Lincoln $ 281.50 George Beauregard 1861 West Virginia St. San Bernardino, Ca 92411