RESOLUTION NO. 2023-083________
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING THE REPORT PROPOSING TO HAVE
DELINQUENT SOLID WASTE COLLECTION SERVICE
CHARGES COLLECTED ON THE TAX ROLL
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, and provisions of state law including Government Code sections 38790.1 and 25831, the Franchised Hauler may assign accounts delinquent greater than sixty (60) 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 delinquent accounts informing the property owners and occupants of the delinquent amount and that failure to pay that amount within fifteen (15) days of the notice 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 solid waste 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 May 11, 2023 at 1:00 p.m. in the Board Room 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 June 21, 2023 at 7:00 p.m. in the Feldheym Central Library at 555 W. 6th Street, San Bernardino, California; and,
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Resolution No. 2023-083
Resolution No. 2023-083
June 21, 2023
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;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. 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 in the report in Exhibit A attached hereto and made a part hereof.
SECTION 3. The Mayor and City Council hereby elects to collect the delinquent solid waste collection service charges in Exhibit A, on the property tax roll, in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes.
The solid waste collection service charges shall be assessed against the benefitting property and shall be assessed as a lien on the property benefited thereby.
SECTION 4. Pursuant to the authority set forth in Government Code sections 38790.1 and 25831, and Chapter 8.24 of the San Bernardino Municipal Code, on or before August 10, 2023, the City Manager or his designee shall file with the Auditor-Controller/Treasurer/Tax Collector for the County of San Bernardino a copy of the certified Resolution and the report adopted by the City Council. Once such action is taken, the amount of the delinquent charges shall constitute a lien against the lot or parcel of land against which the delinquent charges have been imposed, and the tax collector shall include the amount of the delinquent charges on bills for taxes levied against the respective lots and parcels of land.
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Resolution No. 2023-083
Resolution No. 2023-083
June 21, 2023
SECTION 5. That the prorated first year interest at 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 6. That additional interest shall be charged by the County of San Bernardino if the balance remains unpaid for more than one year.
SECTION 7. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 9. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21stst day of June, 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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Resolution No. 2023-083
Resolution No. 2023-083
June 21, 2023
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-083 ____, adopted by the City Council of the City of San Bernardino, California, at a regular meeting held on the 21stst day of June 2023 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 21st day of June 2023. ____________________________________
Genoveva Rocha, CMC, City Clerk
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: June 21, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department: Public Works
Subject: Continuation, to July 19, 2023, of Public Hearing Regarding Solid Waste Rate Increases and Resolution
Adopting Rates for Solid Waste Services, Approving
Third Amendment to the City’s Exclusive Franchise
Agreement for Integrated Solid Waste Collection,
Processing and Disposal Services with Burrtec Waste
Industries, Inc., and Finding the Action Exempt from
the California Environmental Quality Act
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California execute the following actions:
Continue the Proposition 218 Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”) to the July 19, 2023, Mayor and City Council Meeting.
Background
On May 17, 2023, the City Council continued the Proposition 218 Hearing to June 21, 2023. The basis of the continuation was to direct staff to work Burrtec to explore an additional option to provide a lower cost to the residential rates.
Discussion
City staff has retained an expert rate consultant and is currently negotiating with Burrtec to attempt to deliver an additional rate option for the consideration of the City Packet Pg. 1880
Council. This requires additional time to finalize the proposed option and to prepare for a thorough presentation on rates for the City Council. Staff recently received proposed rate calculations and is reviewing and validating the rates with the help of its consultant. Staff intends to provide the City Council with a review of the initially proposed option along with the new proposed rate at the July 19 meeting. 2021-2025 Strategic Targets and Goals
A Public Hearing to consider adjusting the Maximum Permitted Services Rates, as well as the amendment of the Franchise agreement between the City and Burrtec, meets Key Target No. 3c: Improved Quality of Life by evaluating and enhancing the quality of public safety services and Key Target No. 3d: To improve the City’s appearance, cleanliness, and attractiveness.
Fiscal Impact
There will be no costs incurred to the General Fund with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California execute the following actions:
Continue the Proposition 218 Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”) to the July 19, 2023, City Council Meeting.
Ward:
All Wards
Synopsis of Previous Council Actions:
January 25, 2016 Resolution of the Mayor and City Council of City of San Bernardino approving a ten-year Exclusive Franchise Agreement for Integrated Solid Waste Collection, Professing, and Disposal Services with Burrtec Waste Industries, Inc.
December 7, 2022 Notice of Intent to Conduct a Public Hearing on February 15, 2023, to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing and Disposal Services.
May 17, 2023 Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards) Packet Pg. 1881
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: June 21, 2023
To: Honorable Mayor and City Council Members
From: Damon L. Alexander, Council Member, 7th Ward
Department: Council Office
Subject: Utilization Coordination Meetings and franchise fee with Southern California Gas Company (All Wards)
– Council Member Alexander
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: June 21, 2023
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, 1st Ward
Department: Council Office
Subject: The Legality of grinding and crushing on site at the Carousel Mall (Ward 1) – Council Member Sanchez
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: June 21, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proposed meeting time change: Closed Session to start at 4:00pm and Open Session to start at 5:30pm
(All Wards) - Mayor Tran
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