HomeMy WebLinkAbout33- City Clerk CITY OF SAN BER6ARDINO - REQUEST irOR COUNCIL ACTIO1
From: Rachel Clark, City Clerk Subject: Imposition of Lien on Property
Located at 805 North "D" Street ,
Dept: City Clerk San Bernardino, Owned by John H.
Buckner.
Date: February 11 , 1993
Synopsis of Previous Council action:
January 11, 1993 : Mayor and Common Council continued the matter of
imposing a lien on property at 805 N. "D" Street ,
to February 15, 1993 and directed property owner,
to meet with City Clerk Rachel Clark to allow the
matter to be handled administratively.
(Complete chronology of previous Council action is
included in attached Staff Report )
Recommended motion:
1. That the Mayor and Common Council deny Mr. John Buckner' s request
for a continuance to March 1, 1993 of the matter concerning a lien
on property at 805 North "D" Street , San Bernardino.
and
2 . That the Mayor and Common Council ratify action taken to impose a
lien on property located at 805 North "D" Street , San Bernardino.
Signature
Contact person:_ Roger Davis Phone: 5036
Supporting data attached: Yes Ward: 1
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 F. � `
. Q
• STAFF REPORT
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: RACHEL CLARK, CITY CLERK
DATE: FEBRUARY 11, 1993
RE: IMPOSITION OF LIEN ON PROPERTY LOCATED AT 805 NORTH "D"
STREET, SAN BERNARDINO, OWNED BY JOHN H. BUCKNER
(CONTINUED FROM JANUARY 11, 1993 , ITEM NO. 18)
BACKGROUND INFORMATION:
DECEMBER 21, . 1992 : A Public Hearing was held concerning imposing
liens on property for uncollected business
registration fees. The Mayor and Council
closed the hearing, adopted the Resolution
imposing liens and at the request of Mr. John
Buckner, voted to continue his item to
January 11, 1993 .
DECEMBER 22 , 1992: City Clerk Clark sent a letter to Mr. Buckner
notifying him that his request for a
continuance of the matter was approved and
that the matter would be heard on January 11,
1993. He was requested to call the City
Clerk's Office so that an appointment could
be made to discuss and perhaps settle the
matter prior to the next Council meeting.
Mr. Buckner never responded to the letter nor
did he call for an appointment as we
requested. On Friday, January 8, 1993, Roger
Davis, Business Registration Inspector,
received a telephone call from Council Member
Estrada concerning the Buckner matter.
Apparently, Mr. Buckner contacted Council
Member Estrada concerning the matter. Mr.
Davis explained the case to Council Member
Estrada.
JANUARY 11, 1993: Mr. Buckner appeared at the Council Meeting
and indicated that he was still protesting
the lien and needed more time to resolve the
matter. The item was continued to February
15, 1993 and the Mayor and Council directed
that Mr. Buckner meet with City Clerk Clark
to allow the matter to be handled
administratively.
On January 20, 1993 , City Clerk Clark, and
Lee Gagnon, Business Registration Supervisor,
met with Mr. Buckner in an attempt to resolve
the matter.
STAFF REPORT
Page Two
February 11, 1993
Re: Lien on Property at 805 North "D" Street, San Bernardino,
owned by John R. Buckner
Mr. Buckner insisted that all business
registration fees for the properties had been
paid and he asked for time to produce
evidence showing that fees had been paid.
Our records indicated fees have not been
paid; however, I agreed to give Mr. Buckner
until 4 : 30 p.m. on Wednesday, January 27,
1993, to produce such evidence. Mr. Buckner
was also advised that if such evidence was
not provided by the deadline, we would have
no choice but to proceed with the lien
process.
JANUARY 27 , 1993 : Mr. Buckner called City Clerk Clark and
indicated that he had searched his records
and found records for every other city but
San Bernardino. He was advised that since he
could not produce proof of payment and our
records showed he was delinquent, we had no
choice but to proceed with lien process.
FEBRUARY 5. 1993: Letter received from Mr. Buckner, with copy
to Council Member Estrada, requesting a
continuance of the matter to March 1, 1993 .
RECOMMENDED ACTION: Attached is a summary of attempts made to
have Mr. Buckner comply with ordinance requiring a
registration fee. Since Mr. Buckner did not comply by the latest
deadline given by the City Clerk (January 27, 1993) , the lien
process has been initiated and it is recommended that his request
for a continuance of the matter be denied and that the Mayor and
Common Council ratify action taken to impose a lien on property
located at 805 North "D" Street, San Bernardino.
Ra hel Clark
City Clerk
RC:mav
Attachment
C I T Y O F S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
BUSINESS REGISTRATION DIVISION
DATE: February 11, 1993
TO: Rachel Clark, City Clerk
FROM: Roger Davis, Business Registration Inspector
SUBJECT: Business Registration Fees, 805 North "D" Street,
APN: 0140-212-26
COPIES: Lee Gagnon, Business Registration Supervisor
Cindy Buechter, Business Registration Inspector
-------------------------------------------------------------------
We have attempted to gain Mr. Buckner's compliance with City of San
Bernardino Municipal Code SBMC 5. 04 . 525F regarding the subject
property since September 24, 1991, a period of one year and four
months. The following is a chronology of events according to my
records in this matter:
September 24 , 1991, our first notice was sent to Mr. Buckner by
Inspector Cindy Buechter. Relevant copies/extracts of the
Municipal Code were provided to him by this letter, and he was
informed of our legal requirements and possible penalties if he
failed to comply. We requested that he comply by October 9, 1991.
October 22 , 1991, a second notice was sent to Mr. Buckner by
Inspector Cindy Buechter. He was requested to comply with this
request by November 6, 1991, or lien proceedings would begin on his
property unless he furnished us information that he was no longer
the owner or using the property for rental/leasing purposes.
On November 24, 1991, a grant deed was obtained from First American
Title Company which indicated that the owner of the property was
John H. Buckner and Christine R. Buckner. A search of our business
registration master files indicated that Sierra Escrow was
operating on the premises and had been since January 10, 1989. Mr.
Buckner was not listed as an owner or principal in Sierra Escrow.
SBMC 5. 04. 030I requires the City Clerk to charge the fee for the
entire current year plus the three preceding years or portion of
those years during which the business was operated. The grant deed
indicates that Mr. Buckner has owned the property since November
12, 1981. Therefore, Mr. Buckner was requested to pay a business
registration fee for the years 1989, 1990 and 1991, plus the next
year 1992.
On March 4, 1992, Inspector Buechter sent Mr. Buckner a final
notice by certified mail requesting payment by March 18, 1992.
Receipt of this letter was acknowledged by the signature of
Christine Buckner on March 6, 1992 . In this letter, Inspector
Buechter requested payment based on Mr. Buckner's gross receipts
February 11, 1993 Page 2
for the current and previous years, plus a penalty as required by
SBMC 5. 04 . 075 in the amount of 1000 of the fees due, plus
administrative costs.
On December 3 , 1992 , I sent a Lien Hearing Notice to John H.
Buckner and Christine R. Buckner at their last known address
scheduled for December 21, 1992 . The amount of the lien was
determined to be $1, 702 and included the following amounts: $440
for the current year 1992 plus the three preceding years 1989, 1990
and 1991. $440 in penalties computed at 100 percent. $792 in
enforcement fees computed at 90 percent of the registration fees
and penalties. $50 in administrative fees. These fees were
computed in accordance with SBMC 5. 04 . 075 (Penalties for
delinquencies) , and SBMC 5. 04 . 071 (Failure to file statement) ,
which allows us to determine an amount due if we are not provided
with that information by the business owner.
On December 17, 1992, Mr. Buckner met personally with me and was
informed that the amount due could be corrected if Mr. Buckner
filed an application for a business registration and provided us
with accurate information upon which to base the correct amount due
and then paying the appropriate fees. Mr. Buckner stated that he
would not pay a penalty as provided for by the Municipal Code and
wanted to protest these fees to the Mayor and Common Council,
whereupon I provided Mr. Buckner with the name of his Councilperson
representative and a copy of SBMC 5. 04.071 which allows him to
appeal such determination to the Common Council. A citation was
not issued pending Mr. Buckner's appeal.
On December 18, 1992, I received a letter by messenger from Mr.
Buckner requesting that he be given an extension to appear before
the Common Council in January 1993 instead of Monday, December 21,
1992. I date-stamped the request as received and gave it to Deputy
City Clerk Melanie Vale for delivery to the City Clerk.
On December 22, 1992, City Clerk Rachel Clark wrote a letter to Mr.
Buckner continuing the matter to January 11, 1993, so he could
present his appeal to the Common Council. A reply was requested by
Monday, January 4, 1993, and Mr. Buckner never replied.
On January 11, 1993, Mr. Buckner appeared at the Common Council
meeting and was requested to resolve the issue administratively
with the City Clerk. Mr. Buckner met with the City Clerk who
affirmed the fees assessed against Mr. Buckner provided he paid
these fees by 4 : 30 p.m. , Wednesday, January 27, 1993. Mr. Buckner
never responded to this resolution of the matter as requested.
On February 1, 1993, Lien Coordinator Jeanne'marie Fitzpatrick
asked me if Mr. Buckner had paid for his business registration. I
could not find any record that he had done so.
On February 5, 1993, Deputy City Clerk Melanie Vale provided me
0
February 11, 1993 Page 3
with a copy of a letter from Mr. Buckner requesting continuance of
his matter until March 1, 1993 . I informed Ms. Vale that it was my
understanding that a lien had already been placed on Mr. Buckner's
property by the Lien Coordinator. It appeared to me to be a dead
issue and to please give the letter to City Clerk Rachel Clark.
Since Mr. Buckner never provided us with a signed statement under
penalty of perjury of the amounts he received in rent/lease
payments, as we request from all other property owners in the
business of renting/leasing property, I recommend that the lien in
the amount of $1,702 remain in effect on his property. I believe
he has been given every consideration to resolve this matter
favorably for him, and he continues to stymie this effort. He has
not provided us with any substantial information that would allow
us to reassess the amount due or to rescind our decision to assess
penalties, enforcement fees, and administrative fees. To the
contrary, he has taken up more of the City's time and efforts than
we are collecting from him in return. It is my understanding that
this is why SBMC 5. 04 . 075 was passed by the Common Council--to
cover escalating costs incurred to pursue delinquent accounts
requiring extended enforcement action. One year and six months is
enough.
Rog N. Davis
Business Registration Inspector
RECFIV►= ' FFP
February 2 , 1993 "93 FEB -5 AIO :36
Ms. Rachel Clark
City Clerk
City Hall
300 N. D Street
San Bernardino, Ca. 92401
Dear Ms. Clark:
I am requesting a continuance of my matter before the
City Council on February 15 , 1993 to the next CityCouncil
meeting which I believe is March 1, 1993.
February 15th is a State holiday and I will not be in town;
also, I want to meet with Esther_ Estrada prior to that
meeting.
Sincerelv,
John Buckner
cc Esther Estrada
f
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTIC
From: Rachel Clark, City Clerk Subject: Public Hearing and Resolution imposing
liens on property located within the
Dept: City Clerk's Office City of San Bernardino for uncollected
Business Registration Division business registration fees.
Date: December 3, 1992
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 registration fees.
Recommended motion:
That the hearing be closed; said resolution be adopted.
Signature
Contact person: Roger Davis - Business Registration Inspectorphone: 384-5015
Supporting data attached* Resolution and Exhibit "A" Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct No.)
(Acct Description)
Finance:
Council Notes:
.33
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS
N CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF
3 AN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
ITY OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1. The City of San Bernardino, pursuant to its
6
uthority under San Bernardino Municipal Code Chapter 5. 04. 076
7
oes hereby impose liens on the real property described as
8
9 xhibit "A", attached hereto and incorporated herein by
eference, for uncollected business registration fees and all
10
future fees and penalties.
11
12 Due notice was given to the person or persons having an
13 nterest i- said property and a hearing was held by the Mayor
nd Common Council to hear protests and to assess the fees
14
mposed on said property.
15
16 SECTION 2 . The matter having now come before the Mayor
nd Common Council for confirmation of the imposition of the
17
iens imposed, the following fees are found to have been
18
ncoliectible after proper notification to the
19
20 property/business owner pursuant to proceedings under said
21 rovisions of the San Bernardino Municipal Code. The
22
tatements of fees on file with the City Clerk' are hereby
23 onfirmed and adopted as special assessments against the
roperties listed on Exhibit "A" hereto.
24
25
26
27
28
I
1 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS
N CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF
2 SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES.
3 SECTION 3 . The City Clerk is hereby directed to file a
4 ertified copy of this resolution with the Auditor of the
5 County of San Bernardino, State of California, directing the
6 said sum be entered as lien charges against said property as
7 it appears on the current assessment rolls, to be collected at
g the same time and in the same manner, subject to the same
g penalties and interest upon delinquencies, as the general
10 taxes for the City of San Bernardino are collected. The City
11 Clerk shall present for recording appropriate notices of the
12 imposition of these liens with the County Recorder.
13 /
14 /
15 /
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24 /
25 /
26 /
27 /
21
1 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPOSING LIENS
N CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF
2 3AN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES.
3 I HEREBY CERTIFY that the foregoing resolution was duly
4 Idopted by the Mayor and Common Council of the City of San
5 3ernardino at a meeting thereof, held on
6 he day of 1992, by the following
7 7ote, to wit:
g ouncil Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 ILLY
11 fERNANDEZ
12 UDSLEY
13 4INOR
14 OPE-LUDLAM
15 t4ILLER
16
17
City Clerk
18
The foregoing resolution is hereby approved this
19
ay of , 1992.
20
21
22 W.R. Holcomb, Mayor
City of San Bernardino
23
pproved as to form
24 and legal content:
25 James F. Penman
City Attorney
26
27 By
28
I
EXHIBIT "All
Assessor's Address - Affected Property Amount of
Number Owners Name Assessment
138-132-40 1098 West 5th Street $1, 010. 00
Maurice R. Peters
3295 North Valencia Avenue
San Bernardino, CA 92404
T,
140-212-26 805 North D Street $1,702. 00
John H. Buckner
Christine R. Buckner C
301 La Colima Drive
Redlands, CA 92373
145-031-22 415 West Highland Avenue $506. 00
Donald D. Bradley
Lynne C. Bradley
23985 Encanto Court
Reche Canyon, CA 92324
1
4