CITY OF
h
STAFF REPORT
DATE: June 8, 2026
'I'O: Honorable Mayor and City Council
FROM: Dr. Sean M. Moore, City Manager
Item No.
PREPARED BY: Ana V. 5auseda, Director of General Services/City Clerk 4P9 ! ' SUBJECT: Amendment No. 9 to Waste Disposal Agreement
RECOMMENDATION:
That the City Council:
Approve and authorize the Mayor to execute Amendment No. 9 to the Waste Disposal Agreement ("WDA") between the City of Yucaipa and County of San Bernardino; or
2. Provide Further direction to staff.
BACKGROUND/DISCUSSION:
The Waste Disposal Agreement (WDA) is a 29-year agreement between San Bernardino County and the City of Yucaipa, along with 14 other cities, for the use of the County Landfill System. The 14 cities included in the WDA are the Cities of Adelanto, Apple Valley, Barstow, Big Bear fake, Colton, Fontana, (nand Terrace, Hesperia, Highland, Loma Linda, Rialto, Twentynine Palms, Victorville, and Yucca Valley.
The Agreement was first amended on February 19, 2002, to implement the "Article 19 Solid Waste" component of the County Waste Management System and define the City's share of revenue. This component allowed San Bernardino County to offer competitive rates to non-WDA member cities, with member cities being offered a share of the revenue generated from the disposal fees.
In June 2003, Amendment No. 2 was approved to increase the annual maximum limits in the County's landfill system.
In November 2007, Amendment No. 3 was approved, which allowed the County to charge $10.00 per ton (pro -rated) for identified controllable waste generated in the City and to have such waste subject to being processed in a recycling program. For example, roll -off container trucks and other County or City vehicles, such as pick-up and dump trucks, would be subject to the surcharge. 06/08/2026 City Council Agenda 267
In March 2011, Amendment No. 4 was approved, which allowed the County to calculate an annual cast -of -living adjustment earlier in the calendar year and notify member cities of any changes on a more timely basis.
In December 2012 Amendment No. 5 extended the end date of the WDA Agreement to June 30, 2016.
In June 2016, Amendment No. 6 extended the end date of the WDA Agreement to June 30, 2021, and applied an annual fixed WDA renewal discount adjustment of $0.82 per ton for the term of the agreement.
In June 2021, Amendment No. 7 extended the end date of the WDA Agreement to June 30, 2026, resetting the WDA Contract Rate to $38.00 per ton, effective July 1, 2021, and adjusted annually according to an annual price escalation formula.
In June 2022, Amendment No. 8 capped the WDA rate so that the adjusted WDA rate does not exceed 85% of the Board -approved gate rate for the proposed rate year.
The County is requesting approval of Amendment No. 9 to the WDA. A copy of the 'WDA is included as Attachment 1. Staff has reviewed the Waste Delivery Agreements between the San Bernardino County Solid Waste Division and 15 San Bernardino County cities and towns and recommends its approval.
The current Agreement terminates on June 30, 2026. The Agreement commits the City to deliver the municipal solid waste generated within its boundaries to the County Landfill System. In return for the City's commitment, the County offers a stable rate for the term of the contract, subject to CPI increases and government -imposed mandates/law changes. Both the City and County recognize that the WDA better serves the public health, safety and welfare by providing greater disposal rate stability, more predictable and reliable long-term disposal service, and the continuation of sound environmental management.
The proposed amendment provides for the following changes to the WDA.
Term Extension:
The WDA expires on June 30, 2026. This Amendment would extend the Agreement for nine years until June 30, 2035, with each member city or town having the same termination date. The extension will benefit the City by providing stable and predictable disposal rates for the term of the contract.
Rate:
Effective July 1, 2026, and each July 1 st thereafter during the term of the Agreement, the Contract Rate shall be equal to 83% of the County's posted gate rate effective that July I". For July 1, 2026, the County's posted gate rate is $49.49 ($61.49 minus the $12 CDSDP fee); therefore, the WDA Rate, effective July 1, 2026, will be $41.08 per ton.
06/08/2026 City Council Agenda 268
In exchange for adjusting the WDA Contract Rate to be equal to 83% of the County's posted gate rate, the City agrees to commit to remaining a WDA City, with no provision to terminate without cause, for the remainder of the WDA Term,
FISCAL IMPACT:
The County's Solid Waste Management Division accepted the WDA Cities' proposal to reduce the WDA rate to $41.08 per ton effective July 1, 2026. This decrease is passed on to the residents in the solid waste rates approved annually by the City Council, therefore there is no direct fiscal impact to the City.
Attachment(s)
1, Amendment No. 4 to WDA Agreement
06/08/2026 City Council Agenda 269
ATTACHMENT 1
06/08/2026 City Council Agenda 270
AMENDMENT NO. 9 TO THE
WASTE DISPOSAL AGREEMENT NO. 98-679
On August 11, 1998, the City of Yucaipa ("City") and the County of San Bernardino ("County") entered into a Waste Disposal Agreement ("WDA"). The parties hereby amend the WDA, on the Effective Date as provided herein, by their respective execution of this agreement (hereinafter "Amendment').
Recitals
A. The parties have previously entered into the following amendments to the WDA. Amendment No. 1 to the WDA was to implement the "Article 19 Solid Waste" component of the County's waste management system and define the City's share of that revenue. Amendment No. 2 was to increase the annual maximum limits of "Article 19 Solid Waste" in the County landfill system. Amendment No. 3 allowed the County to charge the fee of $10.00 per ton (prorated) for identified controllable waste of the City (e.g., roll off container trucks and other County/City vehicles such as pickups and dump trucks) and have such waste subject to being processed in the recycling program. Amendment No. 4 allowed the County to calculate the annual cost of living adjustment earlier in the calendar year. Amendment No. 5 extended the end date of the WDA to June 30, 2016. Amendment No. 6 extended the term of the WDA to June 30, 2021, applied an annual fixed WDA renewal discount adjustment of $0.82 per ton for the term of the WDA, and allowed the County to enter into agreements to accept in -County waste from non-WDA users of the Disposal System at a rate lower than the WDA Contract Rate in exchange for sharing the net revenue generated from those agreements. Amendment No. 7 reset the WDA Contract Rate and extended the term for five (5) years to June 30, 2026. Amendment No. 8 capped the WDA Contract Rate in order to maintain a 15% buffer between the WDA Contract Rate and the County's posted gate rate.
B. In connection with the ongoing administration of the WDA, the parties have determined it is now in their best interests to extend the term 9 years to June 30, 2035, adjust the WDA Contract Rate to be equal to 83% of the County's posted gate rate, and eliminate the provision for annual adjustments.
NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the Parties agree as follows:
1. Section 4.2, entitled "CONTRACT RATE" is hereby deleted and replaced in its entirety to read:
SECTION 4.2 CONTRACT RATE. Effective July 1, 2026, and each July 1 thereafter during the term of the Agreement, the Contract Rate shall be equal to 83% of the County's posted gate rate effective that July 111. For July 1, 2026, the County's posted gate rate is $49.49 ($61.49 minus the $12 CDSDP fee); therefore, the WDA Rate, effective July 1, 2026, will be $41,08 per ton_ Please note that, due to timing, in future years where the gate rate is recommended to be increased, the WDA rate notification letter may be delayed until final approval of the gate rate by the Board of Supervisors.
2. Section 5.2, entitled "CITY CONVENIENCE TERMINATION" is hereby deleted and replaced in its entirety to read:
SECTION 5.2 CITY CONVENIENCE TERMINATION. In exchange for adjusting the WDA Contract Rate to be equal to 83% of the County's posted gate rate, the City agrees to commit to remaining a WDA City, with no provision to terminate without cause, for the remainder of the WDA Term.
3. Section 6.1, entitled "EFFECTIVE DATE AND TERM", paragraph (A) Term, is hereby deleted and replaced in its entirety to read,
SECTION 6.1. EFFECTIVE DATE AND TERM_ (A) Term. This Agreement shall become effective, shall be in full force and effect and shall be legally binding upon the City and the County from the Contract 06/08/2026 City Council Agenda 271
Date and shall continue in full farce and effect until June 30, 2035, unless earlier terminated in accordance with its terms_
4. Effective Date. This Amendment shall he effective if and only when all fifteen cities/towns listed on Exhibit A have each adopted and executed a counterpart of this Amendment No. 9 (the amendment number may differ for each cityltown listed on Exhibit A) and such amendment has been adopted and executed by the County on or before June 30, 2026. In all events, the conditions in the forgoing sentence shall occur otherwise this Amendment No. 9 shall be null and void and without any effect whatsoever.
S. This Amendment may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Amendment.
The parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Amendment upon request.
6. Except as modified in this Amendment (or in any prior Amendment(s)) all other terms and conditions of the WDA shall remain in full force and effect.
06/08/2026 City Council Agenda
272
IN WITNESS WHEREOF, San Bernardino County and the City have each caused this Amendment to be subscribed by its respective duly authorized persons, on its behalf.
SAN BERNARDINO COUNTY
0-
Dawn Rowe, Chair, Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
By
Lynna Monell
Clerk of the Board of Supervisors
of San Bernardino County
Deputy
City of Yucaipa
(Pr(nt or type name of corporation, company, contractor, etc.) By ■
(Authorized signature - sign in blue ink)
Name
(Print or type name of person signing contract)
Title
(Print or Type)
Dated:
Address 34272 Yucaipa Blvd.
Yucaipa, CA 92399
06/08/2026 City Council Agenda
273
• ■ " a
CITIESITOWNS WITH A WASTE DELIVERY AGREEMENT
WITH THE COUNTY OF SAN BERNARDINO
OFFERED THIS AMENDMENT JUNE 2025
FOR AN AGREEMENT END DATE OF JUNE 30, 2035
1. ADELANTO
2. APPLE VALLEY
3. BARSTOW
4. BIG BEAR LAKE
5. COLTON
0. FONTANA
7,
GRAND TERRACE
8. HESPERIA
9. HIGHLAND
10. LOMA LINDA
11. RIALTO
12. TWENTYNINE PALMS
13,
VICTORVILLE
14. YUCAIPA
15,
YUCCA VALLEY
06/08/2026 City Council Agenda 274