Approved as to Form and Legality
________________________
City Attorney’s Office
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
RESOLUTION 1) CONFIRMING REPORTS OF THE SPECIAL
ASSESSMENTS FOR DELINQUENT TRASH SERVICE FEES, WITH
ADMINISTRATIVE CHARGES , FOR THE MONTHLY PERIODS OF
APRIL, MAY, JUNE, JULY, AUGUST, SEPTEMBER, OCTOBER,
NOVEMBER, DECEMBER 2024, AND JANUARY, FEBRUARY, MARCH
2025, AND THE QUARTERLY PERIODS OF JULY - SEPTEMBER 2024, OCTOBER-DECEMBER 2024, JANUARY- MARCH 2025, APRIL -JUNE 2025; 2) OVERRULING ANY PROTESTS AND OBJECTIONS RELATED
TO THE SPECIAL ASSESSMENTS INCLUDED IN SAID REPORT AND IMPOSING THE SPECIAL ASSESSMENTS ; AND 3) DIRECTING THE
NOTICE OF SPECIAL ASSESSMENT CHARGES BE TURNED OVER TO
THE COUNTY TAX COLLECTOR FOR COLLECTION
WHEREAS, pursuant to Chapter 8.28 of the Oakland Municipal Code (“OMC”), the City’s collector of mixed materials and organic waste is entitled to terminate trash service to a customer for non-payment of services rendered; and
WHEREAS, pursuant to OMC Chapter 8.28, City may abate the nuisance conditions created as a result of termination of service for non -payment by subscribing to solid waste collection service for the property on which the nuisance conditions are maintained; and
WHEREAS, pursuant to OMC Chapter 8.28, City may make the costs of subscribing to service on behalf of the owner, including the administrative costs associated therewith, a special assessment against the property; and
WHEREAS, pursuant to OMC Chapter 8.28, Department of Finance provided notice to the owners, and the premises if different, of the potential imposition of special assessments for delinquent trash service fees and conducted an administrative hearing to allow customers and owners an opportunity to protest the imposition of the special assessments; and
WHEREAS, the Department of Finance has investigated all protests at said administrative hearing and reported the findings to the owners; and
WHEREAS, pursuant to OMC Chapter 8.28, the City Administrator is hereby transmitting to the City Council the report of those properties subject to a special assessment for delinquent trash service fees and administrative charges (hereinafter “Special Assessment Report”), and said report is attached to the Agenda Report hereto as Attachment A and incorporated herein by reference; and
WHEREAS, pursuant to OMC Chapter 8.28, the City Council shall conduct a public hearing to consider the Special Assessment Report and any protests or objections thereto, and the date of July 1, 2025, and the time 3:30 p.m. was fixed as the day and hour of the public hearing; and
WHEREAS, pursuant to OMC Chapter 8.28, notice of the public hearing was served upon the owners of the premises to which the service was rendered not less than ten days prior to the date of the hearing; now, therefore, be it
RESOLVED: That the protests related to the assessments included in the Special Assessment Report and raised at said hearing, if any, are hereby overruled; and be it
FURTHER RESOLVED: That the Special Assessment Report attached to the Agenda Report hereto as Attachment A is hereby accepted and confirmed and the special assessments are hereby imposed and authorized to be levied upon the properties described in said Special Assessment Report in the amounts set opposite each description; and be it
FURTHER RESOLVED: That if any special assessment levied on a property is not paid before the 10th day of August 2025, the City Administrator shall present an itemized report to the Auditor-Controller of the County of Alameda, State of California, to be placed on the 2025- 2026 County Tax Roll.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
324580/PS