HomeMy WebLinkAbout2019-162Resolution No. 2019-162
RESOLUTION NO. 2019-162
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE PROPOSED ADJUSTMENTS TO THE
PERMITTED SERVICE RATES FOR
INTEGRATED SOLID WASTE COLLECTION,
PROCESSING, DISPOSAL AND RELATED SERVICES
FOR FY 2019/20.
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 Mayor and City Council last increased the rates for integrated solid
waste collection, processing, disposal and related services ("Services") on July 1, 2018 by
Resolution No. 2018-090; and
WHEREAS, the intention of this Resolution is to increase, per Resolution No. 2018-90
on an annual basis, the Maximum Permitted Services Rates by the lesser of either the Consumer
Price Index, as that term is defined in Section 1.19 of the Agreement, or five percent (50/6),
whichever is lower; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
Resolution No. 2019-162
SECTION 1. Incorporation. The foregoing recitals set forth above are true and correct
and are a substantive part of this Resolution.
SECTION 2. Findings. 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. XHID, § 6(b)(1)).
(A) 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)).
(B) 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. XIHD, §
6(b)(3)).
(C) 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. X1111), § 6(b)(4)).
(D) 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)).
SECTION 3. The adjustment increasing the Maximum Permitted Service Rates by 3.8%
shall be effective July 1, 2019.
SECTION 4. 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 5. 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 6. Effective Date. This Resolution shall become effective immediately.
Resolution No. 2019-162
APPROVED and ADOPTED by the City C it an igned by the Mayor and attested
by the City Clerk this 19d' day of June 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
Georgeann Ha a, MMC, CiW Clerk
Approved as to form:
Gary D. Saenz,, City Attorney
Resolution No. 2019-162
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. 2019-162 adopted at a regular meeting held on the 19'h day of June 2019 by the
following vote:
Council Members:
AYES NAYS ABSTAIN ABSENT
SANCHEZ
x
IBARRA
X
FIGUEROA
X
SHORETT
x
NICKEL
x
RICHARD
x
MULVIHILL x_
WITNESS my hand and official seal of the City of San Bernardino this 19a' day of June 2019.
Georgeann WiTa, MMC, C y Clerk