HomeMy WebLinkAbout2018-2131
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 NO. 2018-213
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, MAKING DETERMINATIONS AND CONFIRIVIING
ASSESSMENTS AND PROCEEDINGS FOR UNPAID SOLID WASTE
COLLECTION SERVICES
WHEREAS, to protect the health, safety, and welfare of the residents of the City of
San Bernardino ("City"), and pursuant to San Bernardino Municipal Code ("SBMC") section
8.24.040(B) every occupied premises in the City is required to have solid waste collection
service; and,
WHEREAS, on January 25, 2016 the Mayor and City Council approved, by
Resolution 2016-10, a ten-year agreement ("Franchise Agreement") with Burrtec Waste
Industries, Inc. ("Franchised Hauler") to provide solid waste collection services to the City;
and,
WHEREAS, pursuant to section 21.11.1 of the Franchise Agreement, the Franchised
Hauler may not discontinue service for residential premises for nonpayment; and,
WHEREAS, pursuant to SBMC section 8.24.050, the Franchised Hauler may assign
accounts delinquent greater than forty-five (45) days to the City to be placed on the annual
secured property tax rolls and that any amounts owing would then become a lien on the
property; and,
WHEREAS, pursuant to SBMC section 8.24.050(B)(1) the Franchised Hauler sent
notices to property owners and occupants with accounts delinquent more than forty-five (45)
days informing the property owners and occupants of the delinquent amount and that failure
to pay that amount could result in a special assessment and lien upon the property as well as a
ten -percent (10%) penalty and one and one-half percent (1.5%) monthly interest charge; and,
WHEREAS, pursuant to SBMC section 8.24.050(C) the Franchised Hauler assigned
the delinquent accounts to the City; and
WHEREAS, pursuant to SBMC section 8.24.050(D) the City Manager, through the
Director of Public Works, prepared a report of delinquency and initiated proceedings to create
a special assessment and lien on the properties with delinquent accounts; and
WHEREAS, pursuant to SBMC section 8.24.050(E) the City Manager, through the
Director of Public Works, sent notices to the owners and occupants of properties with
delinquent accounts giving at least ten (10) days' notice that an administrative hearing had
been set before the Hearing Officer for June 14, 2018 at 1:00 p.m. in the Council Chambers at
201 N. "E" Street, Third Floor, San Bernardino California and that a public hearing had been
set before the Mayor and City Council for July 18, 2018 at 5:00 p.m. in the Council Chambers
at 201 N. `B" Street, Third Floor, San Bernardino California; and
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
WHEREAS, pursuant to SBMC section 8.24.050(F) the Hearing Officer for the City
of San Bernardino, at the aforementioned date, time and place, held an administrative hearing;
and,
WHEREAS, during the aforementioned administrative hearing, all appeals, protests,
or objections, if any, were duly presented and the Hearing Officer gave all persons noticed
and present desiring to be heard, an opportunity to be heard in respect to any matter relating to
said assessments, to the corrections of said assessments, or to any matter relating to said
assessments or the proceedings therefore; and,
WHEREAS, pursuant to SBMC section 8.24.050(G) the Mayor and City Council for
the City of San Bernardino, at the aforementioned date, time and place, held a public hearing;
and,
WHEREAS, during the aforementioned public hearing, all appeals, protests, or
objections, if any, were duly presented and the Mayor and City Council gave all persons
noticed and present desiring to be heard, an opportunity to be heard in respect to any matter
relating to said assessments, to the corrections of said assessments, or to any matter relating to
said assessments or the proceedings therefore; and,
WHEREAS, all such persons desiring to be heard have been heard by the Mayor and
City Council and the Mayor and City Council are fully informed of the premises.
NOW, THEREFORE, BE IT RESOLVED -BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That said administrative and public hearings have been duly held; that
each and every step in the proceedings prior to and including the public hearing has been
properly and regularly taken; that this Mayor and City Council are satisfied with the
correctness of the assessments; the proceedings and all matters relating thereto; and that all
protests, objections, or appeals are hereby overruled and denied; and the Mayor and City
Council do hereby confirm said proceedings and said assessments.
SECTION 2. That the fees for solid waste collection shall be assessed against the
benefitting property and shall be assessed as a lien on the property benefited thereby, which
lien shall be included on the tax roll for taxes levied against the property.
SECTION 3. That the prorated first year interest @ 1.5% per month and a penalty of
10% of lien unpaid balance will be added to the delinquent amounts and assessed against the
benefitting properties.
SECTION 4. That additional interest shall be charged by the County of San
Bernardino if the balance remains unpaid for more than one year.
SECTION 5. That the parcels to be liened and the amount of said lien are set forth on
Exhibit "A" attached hereto and made a part thereof.
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
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, MAKING DETERMINATIONS AND CONFIRMING
ASSESSMENTS AND PROCEEDINGS FOR UNPAID SOLID WASTE
COLLECTION SERVICES
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
18th day of July 2018, by the following vote, to wit:
Council Members:
AYES
MARQUEZ_
BARRIOS
VALDIVIA
SHORETT
'
NICKEL
RICHARD _A
MULVIHILL
NAYS ABSTAIN ABSENT
GeorgeanrAf anna, CM ,City Clerk
The foregoing Resolution is hereby approved this 18a' day of July 2018.
R. Carey DavisyMayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
3