RESOLUTION NO. XX-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES AUTHORIZING THE CITY MANAGER TO EXECUTE THE RESTATED FRANCHISE AGREEMENT BETWEEN THE CITY OF HERCULES AND RICHMOND SANITARY SERVICES, DIRECTING STAFF TO SET A PROPOSITION 218 HEARING, ACCEPTING THE FINAL FRANCHISE FEE STUDY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE LETTER AGREEMENT REGARDING USE OF CITY RATE STABILIZATION FUNDS; AND FINDING THESE ACTIONS TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO GUIDELINES SECTIONS 15378 AND 15061(b)(3) WHEREAS, the City of Hercules (City) has the responsibility and authority under the laws of California to determine all aspects of solid waste handling which are of local concern, including setting of charges and fees for provision of solid waste collection and disposal services; and WHEREAS, on September 10, 1986, the City entered into a Franchise Agreement with Richmond Sanitary Services, Inc. (RSS) to provide solid waste collection and disposal services to the community, which is set to expire on June 30, 2025; and WHEREAS, the City of Hercules negotiated the terms and conditions of a new solid waste franchise agreement with Republic Services which include the addition of single family bulky item collection at curbside twice per year at no additional cost to the resident, the regulation of industrial rates, and other service enhancements; and WHEREAS, the increased cost of living as well as the addition of the new services requires an adjustment to the rates charged; and WHEREAS, approval of this Restated Solid Waste Franchise Agreement (“Restated Agreement”) and authorization to the City Manager to execute the same, acceptance of the franchise fee study supporting the Restated Agreement and actions proposed therein, and authorization of the City Manager to execute a side letter agreement to use rate stabilization funds, are all actions that are exempt from the California Environmental Quality Act (CEQA) in that they are not “project” as defined in CEQA Guidelines Section 15378 because they authorize only administrative activities and no construction or other activities that could impact the environment, and also because even if they were considered a “project,” they are exempt pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that approval and acceptance of these agreements and the study would have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:
The foregoing recitals are true and correct and are incorporated herein.
The City Council hereby authorizes the City Manager to execute the Restated Solid Waste Franchise Agreement with Richmond Sanitary Services, Inc., a subsidiary of Republic Services, and to negotiate and make any changes necessary to substantially conform to City Council direction regarding the same, pending a Proposition 218 hearing. City Staff is hereby directed to set the Proposition 218 hearing.
The City Council hereby authorizes the City Manager to execute the Side Letter Agreement Regarding Use of City Rate Stabilization Funds to Offset Maximum Service Rates Effective July 1, 2025, through December 31, 2026 and to negotiate and make any changes necessary to substantially conform to City Council direction regarding the same, pending a Proposition 218 hearing.
The City Council hereby accepts the Franchise Fee Study.
The City Council hereby finds that approval of the Restated Agreement and authorization to the City Manager to execute the same, acceptance of the Franchise Fee Study, and authorization of the City Manager to execute a side letter agreement to use rate stabilization funds, are all actions that are exempt from the California Environmental Quality Act (CEQA) in that they are not “project” as defined in CEQA Guidelines Section 15378 because they authorize only administrative activities and no construction or other activities that could impact the environment, and also because even if they were considered a “project,” they are exempt pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that approval and acceptance of these agreements and the study would have a significant effect on the environment.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on March 25, 2025, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
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Dion Bailey, Mayor
ATTEST:
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Eibleis Melendez, City Clerk