Resolution No. 2026-131
Resolution No. 2026-131
August 5, 2026
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RESOLUTION NO. 2026-131
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADJUSTING THE MAXIMUM PERMITTED SERVICE
RATES FOR INTEGRATED SOLID WASTE COLLECTION,
PROCESSING, AND DISPOSAL SERVICES AND FINDING
THE ACTION EXEMPT FROM THE CALIFRONIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, solid waste collection, processing and disposal, street sweeping, and right- of-way clean up services are provided to the City of San Bernardino by Burrtec Waste Industries, Inc. (Burrtec) pursuant to an exclusive franchise agreement with the City; and WHEREAS, the agreement with Burrtec provides for an annual review of the Maximum Permitted Service Rates that Burrtec may charge residential and commercial customers; and WHEREAS, Burrtec has submitted the Annual Refuse Rate Adjustment for 2026 and are requesting an additional increase to residential rates as a “second phase” implementation of adjustments due to Change in Law Senate Bill (SB) 1383; and WHEREAS, Burrtec has submitted the Annual Refuse Rate Adjustment for 2026 and are requesting an additional increase to residential rates due to the delay in the public hearing and proposed rate adoption from July 1 of the calendar year to August 19, 2026; and WHEREAS, the City of San Bernardino is proposing to annually pass through to all Solid Waste Services customers automatic Consumer Price Index (CPI) adjustments for inflation (“Annual Automatic Adjustments”) by an amount not to exceed the annual percentage increase, if any, in the CPI, subject to a maximum increase of 5% annual; and WHEREAS, if approved, the then-current Maximum Permitted Service Rates may be adjusted by the 12-month annual average percentage change in CPI for the most recent calendar year compared to the prior calendar year for Fiscal Years 2027-28 through 2030-31 without a further public hearing; and
WHEREAS, the City has determined that it is necessary to impose new, increased or modified rates for its solid waste service charges (collectively herein, the “Charges”); and WHEREAS, the amount of the Charges will not be imposed on a parcel unless the services are actually used by, or immediately available to, the owner or tenant of the parcel; and WHEREAS, California Constitution article XIII D, section 6 (“Article XIII D”) requires that prior to imposing any increases to the Charges, the City shall provide written notice (the “Notice”) by mail of: (1) the proposed increases to such Charges to the record owner of each parcel upon which the Charges are proposed for imposition and any tenant directly liable for payment of Resolution No. 2026-131
Resolution No. 2026-131
August 5, 2026
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the Charges; (2) the amount of the Charges proposed to be imposed on each parcel; (3) the basis upon which the Charges were calculated; (4) the reason for the Charges; and (5) the date, time, and location of a public hearing (the “Hearing”) on the proposed Charges; and WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and any tenant directly liable for the payment of the Charges not less than 45 days prior to the Hearing on the proposed Charges; and WHEREAS, the Notice was mailed in accordance with Article XIII D; and WHEREAS, the Hearing was held on this day, August 19, 2026; and WHEREAS, at the Hearing the City Council heard and considered all oral testimony, written materials, and written protests concerning the establishment and imposition of the proposed Charges, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed rate increases for the Charges from a majority of the affected property owners upon which the Charges are proposed for imposition or any tenants directly liable for the payment of the Charges; and
WHEREAS, the City Council now desires to establish and impose the proposed Charges.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council hereby approves the maximum charges, effective August 1, 2026, for solid waste service at the maximum rates as set forth in Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 3. The City Council hereby adopts annual automatic adjustments that the then- current Maximum Permitted Service Rates may be adjusted by the 12-month annual average percentage change in CPI for the most recent calendar year compared to the prior calendar year for Fiscal Years 2027-28 through 2030-31, without a further public hearing. Pursuant to such authority, the City shall be authorized annually to increase the maximum Charges by the 12-month annual average percentage change for the most recent calendar year, compared to the prior calendar year, in the All Urbans Consumer Index (CPI-U), Not Seasonally Adjusted, All Items, Riverside- San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Statistics; provided the City shall not increase the Charges by more than five percent (5%) in any calendar year, and in no event shall any such annual automatic adjustment cause the maximum Charges as a result of the annual automatic adjustment. The City shall provide written notice of the rate increase at least thirty (30) days in advance of the effective date.
Resolution No. 2026-131
Resolution No. 2026-131
August 5, 2026
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SECTION 4. To the extent any Charges established by this Resolution are inconsistent with any Charges previously adopted by the City Council, it is the explicit intention of the City Council that the Charges adopted pursuant to this Resolution shall prevail.
SECTION 5. This Resolution is not subject to the requirements of California Environmental Quality Act (“CEQA”). The approval of this Resolution is not a “project” within the meaning of Section 15378 of Title 14 of the California Code of Regulations (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The Charges are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the solid waste collection system. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 215 North “D” Street, San Bernardino, CA 92401. The custodian for these records is the City Clerk of the City.
SECTION 6. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 7. This Resolution shall take effect immediately upon adoption.
SECTION 8. The City Clerk shall attest and certify to the passage and adoption thereof.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of August 2026.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Albert J. Maldonado, City Attorney
Resolution No. 2026-131
Resolution No. 2026-131
August 5, 2026
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-131, adopted at a regular meeting held on the 19th day of August 2026 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 20th day of August 2026.
Telicia Lopez, CMC, City Clerk