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Home My WebLink About2019-157Resolution No. 2019-157 RESOLUTION NO. 2019-157 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING THE RESULT OF THE PROPOSITION 218 PROTEST COUNT FOR THE PROPOSED ADJUSTMENTS TO THE MA30MUM PERMITTED SERVICE RATES FOR COMMERCIAL INTEGRATED SOLID WASTE COLLECTION, PROCESSING, DISPOSAL AND RELATED SERVICES FOR FY 2019/20. WHEREAS, Proposition 218 was adopted on November 6, 1996, adding Article XIIID, Section 6 to the California Constitution; and WHEREAS, the Mayor and City Council last increased the rates for integrated solid waste collection, processing, disposal and related services ("Services") on November 17, 2008 by Resolution No. 2008-433; and WHEREAS, the Mayor and City Council approved a ten (10) year exclusive franchise agreement ("Agreement") with Burrtec Waste Industries, Inc. ("Burrtec") on January 19, 2016 by Resolution No. 2016-10; and WHEREAS, under the Agreement, Burrtec has been providing the Services at the rates set by the Mayor and City Council in 2008; and WHEREAS, the costs associated with the Services has increased dramatically over the last nine (9) years and exceeds the revenue collected by fees and charges; and WHEREAS, under the Agreement, the Mayor and City Council set the Maximum Permitted Service Rates for the Services; and WHEREAS, the Mayor and City Council finds it necessary that rates be sufficient to cover the costs incurred by Burrtec in providing the Services to protect the health, safety, and welfare of the residents and businesses of the City of San Bernardino; and WHEREAS, the Mayor and City Council also finds it necessary, to protect the residents and businesses of the City of San Bernardino from unreasonable rates, to ensure that the Maximum Permitted Service Rates do not exceed the limits imposed by the California Constitution and state law; and WHEREAS, the intention of this Resolution is to increase, per Section 21.1.3 of the Agreement between the City of San Bernardino and Burrtec Waste Industries, the Maximum Permitted Services Rates by 17.66% (including 3.8% CPI adjustment) for the purpose of change in law; and Resolution No. 2019-157 WHEREAS, the City Manager set the public hearing for Wednesday, June 19, 2019 at 7:00 p.m. in the Council Chambers, Third Floor, 201 North `B" Street, San Bernardino, California; and WHEREAS, notice of the public hearing was sent to all property owners and customers within the City's service area; and WHEREAS, the City Clerk's Office has accepted written protests from property owners and customers; and WHEREAS, a public hearing on the proposed adjustments to the Maximum Permitted Services Rates for the Services was held on Wednesday, June 19, 2019 at 7:00 p.m. in the Council Chambers, Third Floor, 201 North "E" Street, San Bernardino, California, as specified in the Proposition 218 notice and at the hearing, the City Clerk reported the results of the protest count. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Incorporation. The foregoing recitals set forth above are true and correct and are a substantive part of this Resolution. SECTION 2. Findings. The Mayor and City Council finds and determines as follows: (A) The City of San Bernardino has provided the required written notice in accordance with Article XIIID of the California Constitution. (Cal. Const., art. Xl1ID, § 6(a)(1)). (B) The public hearing has occurred not less than 45 days after the mailing of the written notice. (Cal. Const., art. XIIID, § 6(a)(2)). (C) Revenues derived from the proposed adjustments to the Maximum Permitted Service Rates do not exceed the funds required to provide the Services. (Cal. Const., art. XIIID, § 6(b)(1)). (D) Revenues derived from the proposed adjustments to the Maximum Permitted Service Rates are not used for any other purpose other than to provide the Services. (Cal. Const., art. XIIID, § 6(b)(2)). (E) The amount of the proposed adjustments to the Maximum Permitted Service Rates imposed upon any parcel or person does not exceed the proportional cost of providing the Services to that parcel. (Cal. Const., art. XIIID, § 6(b)(3)). (F) The Services are actually used by, or immediately available to, the owner of the parcels subject to the proposed adjustments to the Maximum Permitted Service Rates. (Cal. Const., art. XIIID, § 6(b)(4)). (G) The proposed adjustments to the Maximum Permitted Service Rates are not imposed for general governmental services such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to property owners. (Cal. Const., art. XIIID, § 6(b)(5)). (H) The City of San Bernardino has received five 5 timely -filed written protests. Resolution No. 2019-157 (1) Of those timely -filed written protests received, five 5 valid protests were submitted by the record owners of one or more of the parcels mailed Proposition 218 notices. Zero 0 notices were determined not to be valid. (J) The Mayor and City Council conducted a duly noticed public hearing on June 19, 2019, at which time the public had the opportunity to provide testimony regarding the proposed increases and the Mayor and City Council considered the testimony prior to making a final decision to adopt the proposed adjustments to the Maximum Permitted Service Rates. SECTION 3. Declaration of Results. The total number of valid protests received by the City of San Bernardino does not constitute a majority of the parcels mailed Proposition 218 notices. SECTION 4. Effect of the Protests. The effect of the results of the protest count as described above in Section 3 is that the Mayor and City Council is authorized to adopt the proposed adjustments to the Maximum Permitted Services Rates as described in Exhibit "A" attached hereto and incorporated herein as though set forth in full. SECTION 5. Adoption of Adjustments to Maximum Permitted Service Rates. The Mayor and City Council do hereby approve and adopt the proposed adjustments to the Maximum Permitted Service Rates as described in Exhibit "A" attached hereto and incorporated herein as though set forth in full. SECTION 6. Effective Dates. This Resolution shall be in full force and effect upon its adoption. The adjustment increasing the Maximum Permitted Service Rates by 13.86% for commercial service accounts shall be effective July 1, 2019. The rates for all other years shall take effect on July 1 of each designated year. SECTION 7. 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 by the City Clerk this 19'h day of June 2019. Attest: Georgeann Haga, MMC, bly Clerk Approved as to form: � t -- Gary D. Saenz, City Attorney Resolution No. 2019-157 ii igned by the Mayor and attested ia, Mayor Bernardino Resolution No. 2019-157 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-157 adopted at a regular meeting held on the ISP day of June 2019 by the following vote: Council Members: SANCHEZ MARRA FIGUEROA SHORETT NICKEL RICHARD MULVIHILL AYES NAYS ABSTAIN ABSENT X X X WITNESS my hand and official seal of the City of San Bernardino this 19'b day of June 2019. Georgeann 1,fanna, MMC, Ci Clerk City of San Bernardino Solid Waste Rates Effective July 1, 2019,6 s.86% increase for Commercial i V'1(( , Cart Service maximum Rates Description Rate Mobile Home $16.93 Single Family $25.23 Multi -Family Dwelling $25.23 Commercial $25.23 Extra Solid Waste Cart $14.10 Extra Organic Waste Cart $12.34 Extra Recycling Cart $ - Roll -Off Services 10-40 CY roll -Off (Permanent) $389.72 Per pull + tonnage 10-40 CY roll -Off (Temporary) $628.78 Per pull + tonnage Recycling Compactor $ 165.15 Commercial Bin Service Rates Pickups per week Description 1 2 3 4 5 6 1 Cubic Yard (CY) $138.83 $254.37 $377.21 $497.11 $614.13 $819.87 2 CY $139.46 $255.63 $379.11 $499.64 $617.29 $823.64 3 CY $148.82 $281.87 $418.80 $550.17 $684.42 $1,047.09 4 CY $163.99 $310.54 $457.06 $602.16 $747.25 $1,292.37 6 CY $238.00 $454.17 $671.78 $895.24 $1,099.77 $1,307.21 2 CY Compactor $164.92 $309.03 $454.65 $599.37 $744.39 $990.13 3-4 CY Compactor $194.64 $362.52 $533.39 $696.83 $872.15 $1,164.85 Recycling 2 CY $ 51.16 $ 102.32 $ 153.48 $ 205.26 $ 256.42 $ 307.58 3 CY $ 51.16 $ 102.32 $ 153.48 $ 205.26 $ 256.42 $ 307.58 4 CY $ 51.16 $ 102.32 $ 153.48 $ 205.26 $ 256.42 $ 307.58 6 CY $ 51.16 $ 102.32 $ 153.48 $ 205.26 $ 256.42 $ 307.58 Green Waste 1 Cubic Yard (CY) $ 133.32 $ 246.31 $ 362.18 $ 478.05 $ 592.44 2 CY $ 134.29 $ 248.22 $ 365.05 $ 481.88_ $ 597.23 3 CY $ 143.98 $ 271.90 $ 398.20 $ 524.49 $ 649.29 4 CY $ 157.49 $ 292.70 $ 429.39 $ 567.57 $ 702.78 6 CY $ 181.27 $ 337.27 $ 496.24 $ 635.93 $ 808.25 Food Waste 65 -gal Barrel $ 84.92 $ 155.02 $ 220.38 $ 286.13 $ 361.05 $ 417.02 1.5 Cubic Yard (CY) $ 230.84 $ 400.41 $ 557.58 $ 713.13 $ 866.84 $ 1,020.95 2 CY $ 285.20 $ 514.32 $ 725.40 $ 938.11 $ 1,185.41 $ 1,360.97 Roll -Off Services 10-40 CY roll -Off (Permanent) $389.72 Per pull + tonnage 10-40 CY roll -Off (Temporary) $628.78 Per pull + tonnage Recycling Compactor $ 165.15