Item No. 10
AGENDA REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk SUBJECT: Resolution Confirming Statutory Authorization and Proposition 218 Compliance for Solid -Waste Fees, Approving the Total Amount of Such Charges, and Directing the San Bernardino County Auditor-Controller/Treasurer/Tax Collector to Place the Charges on the 2025-2026 Property -Tax Roll
RECOMMENDATION:
That the City Council adopt Resolution No. 2025-49, confirming statutory authorization and Proposition 218 compliance for solid -waste fees, approving the total amount of such charges, and directing the San Bernardino County Auditor-Controller/Treasurer/Tax Collector to place the charges on the 2025-2026 property -tax roll.
BACKGROUND/DISCUSSION:
On June 9, 2025, the City Council conducted duly noticed public hearings for the adoption of Resolution No. 2025-16, forwarding amounts remaining unpaid on the Certified Solid Waste Lien List to the County of San Bernardino for addition to the 2025-2026 property tax rolls as a special assessment and Resolution No. 2025-17, establishing solid waste collection rates and providing for collection of single-family residential charges on the property tax roll.
These special assessments, among others, are submitted to the County of San Bernardino on an annual basis. This year, the County notified all agencies applying special assessments of the official launch of the San Bernardino County Direct Charge Portal —a new portal designed to streamline the process for taxing entities by allowing you to submit, track, and manage your annual direct charges more efficiently and securely. Unfortunately, the County's training to provide detailed information on their new portal and newly established criteria for Resolutions/Ordinances did not occur until well after the Council had adopted Resolutions No. 2025-16 and 2025-17.
As staff has been preparing the remaining assessments for Council's approval, there has been constant communication with the County to ensure the language in all resolutions meets their new criteria.
During this review process, the County confirmed that Resolutions No. 2025-16 and 2025-17 do not have the necessary language to meet the County's new criteria.
Specifically, the County is asking that each Resolution submitted have the following:
• Specific Language confirming that the agency has governing authorization under applicable state law;
• Specific language that directs the San Bernardino County Auditor-Controller/Treasurer/Tax Collector (ATC) to place the Direct Charge on the current tax roll; • The authorizing language must approve the total amount of the charge, including any administrative fees. ATC will not add administrative fees on top of the amounts submitted for the charge.
Resolution No. 2025-49 provides the County's requested clarifying language for Resolutions No. 2025-16 and 2025-17.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. Resolution No. 2025-49
Approved by.
ATTACHMENT 1
RESOLUTION NO. 2025-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, CONFIRMING STATUTORY AUTHORIZATION AND
PROPOSITION 218 COMPLIANCE FOR SOLID -WASTE FEES,
APPROVING THE TOTAL AMOUNT OF SUCH CHARGES, AND
DIRECTING THE SAN BERNARDINO COUNTY
AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR TO PLACE
THE CHARGES ON THE 2025-2026 PROPERTY -TAX ROLL
WHEREAS, the City Council, by Resolution No. 2025-16, duly noticed, heard, and forwarded unpaid solid -waste liens to the San Bernardino County Auditor-Controller/Treasurer/ Tax Collector ("ATC") for placement on the 2025-2026 tax roll as special assessments; and WHEREAS, Resolution No. 2025-16 further cites Health & Safety Code § § 5470 et seq., specifically § 5473(a), which authorizes a local agency to collect delinquent charges; and WHEREAS, the City Council, by Resolution No. 2025-17, duly noticed, heard, and adopted solid -waste collection rates in accordance with Article XIII D, § 6 of the California Constitution (Proposition 218) and found that all procedural and substantive requirements were met, including the mailed notice, public hearing, and majority -protest test; and WHEREAS, Resolution No. 2025-17 further cites Health & Safety Code § § 5470 et seq., specifically § 5473, which authorizes a local agency to collect solid -waste service charges on the secured property -tax roll; and
WHEREAS, Resolution No. 2025-17 provides that single-family residential solid -waste charges shall be collected on the property -tax roll and directs transmittal to the County; and WHEREAS, the ATC has requested an additional resolution that (a) certifies the City's legal authority and. Proposition 218 compliance, (b) approves the total direct charge, and (c) formally directs the ATC to place said charges on the current tax roll.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1. Recitals Adopted. The foregoing recitals are true and correct and incorporated herein as substantive findings.
Section 2. Confirmation of Authority & Compliance. Pursuant to Health & Safety Code § 5473 and Article XIII D, § 6 of the California Constitution, the City Council hereby certifies that the solid -waste service charges, as enumerated in the Report of Charges ("Report") on file with the City Clerk, and approved by Resolutions 2025-16 and 2025-17 were duly noticed, heard, and adopted in compliance with all applicable laws.
Section 3. Approval of amount to be levied — Resolution No. 2025-16. The annual assessment roll for the Certified Solid Waste Lien List for fiscal year 2025-2026 shall be set at an aggregate amount of $17,977.84, including a $0.30 per parcel County processing fee.
Section 4. Approval of amount to be levied — Resolution No. 2025-17. The annual assessment roll for the Collection of Single -Family Residential Solid Waste Charges for fiscal year 2025-2026 shall be set at an aggregate amount of $7,068,742.44, including a $0.30 per parcel County processing fee.
Section 5.
The San Bernardino Auditor- Controller/Treasurer/ Tax Collector is directed to place the Direct Charge levies on the FY25/26 tax roll, including a $0.30 per parcel County processing fee with no maximum charge per parcel.
Section 6. Direction to County Auditor-Controller/Treasurer/Tax Collector. This legislative body hereby certifies that the levy of the direct charge under Resolutions 2025-16 and 2025-17 was authorized in accordance with Health & Safety Code § 5473 and Article XIII D, § 6, and directs the San Bernardino County Auditor-Controller/Treasurer/Tax Collector to place the approved charges on the 2025-2026 property -tax roll.
Section 7. Administrative actions. The City Manager, or his/her designee, is authorized to execute any documents and take any further actions necessary to implement this Resolution, including transmitting the Report in the format required by the ATC.
Section 8. Severability. If any section, clause, or phrase of this Resolution is held invalid, the remaining provisions shall remain in full force and effect.
Section 9. Effective date. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, and ADOPTED this 28th day of July, 2025.
Jon Thorp, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk