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File #: 12284   
Type: Consent Status: Passed
File created: 5/30/2025 Department: Public Works-Solid Waste Management
On agenda: 6/10/2025 Final action: 6/10/2025
Subject: Amendment to the Waste Disposal Agreement with the City of Big Bear Lake
Attachments: 1. R1-COV-PW-Waste 6-10-25 Amendment to the WDA Agreement with the City of Big Bear Lake, 2. R1-CON-PW-Waste 6-10-25 Amendment to the WDA Agreement with the City of Big Bear Lake

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

June 10, 2025

 

FROM

NOEL CASTILLO, Director, Department of Public Works - Solid Waste Management  

         

SUBJECT                      

Title                     

Amendment to the Waste Disposal Agreement with the City of Big Bear Lake

End

 

RECOMMENDATION(S)

Recommendation

Approve Amendment No. 9 to Waste Disposal Agreement No. 98-744, effective July 1, 2025, with the City of Big Bear Lake to allow the City of Big Bear Lake to divert and deliver green waste/organics to the Big Bear Transfer Station, at a rate of $100 per ton, adjusted annually, with no change to the contract term of August 25, 1998 through June 30, 2026. 

(Presenter: Noel Castillo, Director, 387-7906)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Operate in a Fiscally-Responsible and Business-Like Manner.

Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of Discretionary General Funding (Net County Cost) as the Department of Public Works (Department) - Solid Waste Management Division (SWMD) is funded by fee revenue. SWMD establishes fees that are charged to the public and other agencies for utilization of the County’s Waste Disposal System. The proposed amendment will allow the City of Big Bear Lake (City) to deliver green waste/organics at a rate of $100 per ton, adjusted annually by the Consumer Price Index beginning July 1, 2025. The anticipated revenue has been included in SWMD’s 2025-26 Recommended Budget and estimated future revenue will be reflected in future recommended budgets. 

 

BACKGROUND INFORMATION

The passage of Senate Bill 1383 (California Short-Lived Climate Pollutant Act of 2016) requires that green waste and organic waste be diverted from landfills and taken to a permitted processing facility.  The City’s waste hauler currently delivers municipal waste to the Big Bear Transfer Station (BBTS) and transports collected green waste to a processing facility near Victorville.  The proposed amendment will allow the City to deliver its green waste/organics material to the BBTS.  All green waste collected at the BBTS is consolidated and transported offsite to a permitted processing facility. 

 

Waste Disposal Agreement No. 98-744 (Agreement) is a revenue agreement with the City that was approved by the Board of Supervisors (Board) on August 25, 1998 (Item No. 51). The Agreement obligates the City to deliver its controllable waste to the County’s Disposal System in exchange for a reduced contract rate for disposal. The Agreement term was 15 years, from August 25, 1998 through August 24, 2013.

 

On March 19, 2002 (Item No. 9), the Board approved Amendment No. 1 to the Agreement to implement the “Article 19 Solid Waste” component of the County’s waste management system and defined the City’s share of that net revenue. There were a total of 15 cities throughout the county that had Waste Disposal Agreements, and the net revenue of $1,000,000 was split between all 15 cities based on a formula for distribution which included a distribution based on population, on a per capita basis. The City’s portion was approximately $36,624. No change was made to the term or other conditions of the Agreement.

 

On December 16, 2003 (Item No. 23), the Board approved Amendment No. 2 to the Agreement to increase the annual maximum limits of “Article 19 Solid Waste” in the County landfill system. The net additional revenues of $291,375 were split between all 15 cities based on the formula for distribution, which included a distribution based on population, on a per capita basis. No change was made to the term or other conditions of the Agreement.

 

On March 25, 2008 (Item No. 20), the Board approved Amendment No. 3 to the Agreement to allow the County to charge the fee of $10 per ton (prorated) for identified controllable waste of the City (e.g., roll of 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. This recycling program is revenue neutral. There were no changes made to the term or other conditions of the Agreement.

 

On March 15, 2011 (Item No. 41), the Board approved Amendment No. 4 to the Agreement to allow the County to calculate the annual cost of living adjustment earlier in the calendar year. This amendment did not result in any new revenue to the County, as it only amended the date and calculation of the annual cost of living adjustment. No change was made to the term or other conditions of the Agreement.

 

On December 18, 2012 (Item No. 62), the Board approved Amendment No. 5 to the Agreement to extend the term of the Agreement by approximately 22 months, for the total term of August 25, 1998 through June 30, 2016. No other changes were made to the Agreement.

 

On June 14, 2016 (Item No. 93), the Board approved Amendment No. 6 to the Agreement to extend the term of the Agreement to June 30, 2021, applied an annual fixed renewal discount adjustment of $0.82 per ton for the term of the Agreement, and allowed the County to enter into agreements to accept in-County waste from non-Waste Disposal Agreement users at a rate lower than the Agreement rate in exchange for sharing the net revenue generated from those agreements. There were no changes made to the term or other conditions of the Agreement.

 

On June 22, 2021 (Item No. 62), the Board approved Amendment No. 7 to the Agreement to reset the Agreement rate and extend the term for five years, for the total term of August 25, 1998 through June 30, 2026. While the rate was less than the full recovery rate, the Waste Disposal Agreements with all participating cities ensured a continued funding stream to cover the fixed and variable costs associated with the agreements, as well as a portion of the capital expenditure costs of maintaining the County’s Waste Disposal System.

 

On June 28, 2022 (Item No. 68), the Board approved Amendment No. 8 to the Agreement to cap the Agreement rate in order to maintain a 15% buffer between the Agreement rate and the County’s posted gate rate. In exchange for capping the rate, the participating cities with Waste Disposal Agreements agreed to commit to the agreement, with no provision to terminate without cause, for the remainder of the agreement term, which currently expires June 30, 2026.

 

This action supports the County and Chief Executive Officer’s goal and objectives by operating in a fiscally-responsible and business-like manner and working with other agencies by allowing the City to bring their green waste/organics to the County’s Waste Disposal System.

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Jolena Grider, Deputy County Counsel, 387-5455) on March 28, 2025; Finance (Kathleen Gonzalez, Administrative Analyst, 387-5412) on May 20, 2025; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on May 23, 2025.