RESOLUTION NO. XX-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES AUTHORIZING THE WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY (RECYCLEMORE) TO ENTER INTO POST-COLLECTION AGREEMENTS AND EXERCISE CERTAIN RELATED POWERS PURSUANT TO SECTION 5.4 OF THE JOINT EXERCISE OF POWERS AGREEMENT THAT CREATED THE AUTHORITY WHEREAS, the City of Hercules (City) is one of five member agencies (each a “Member”) of the West Contra Costa Integrated Waste Management Authority, also known as RecycleMore (“Authority” or RecycleMore), pursuant to the 2019 Fifth Amendment and Restatement of the Joint Exercise of Powers Agreement (“Agreement”); and WHEREAS, the Authority was formed to provide for regional solid waste management services, including the regulation of post-collection services and programs to ensure compliance with the California Integrated Waste Management Act of 1989 and subsequent legislation; and WHEREAS, Section 5.4 of the Agreement requires additional prior written authorization from each affected Member’s legislative body before the Authority can exercise certain powers; and; WHEREAS, the Authority’s current Post-Collection Agreement with its service provider is scheduled to conclude on June 30, 2025; and WHEREAS, pursuant to the Agreement, the Authority has requested authorization from the member agencies to negotiate and enter into new regional post-collection agreements for the period beginning July 1, 2025, the ability to adopt ordinances and resolutions necessary to carry out the purposes of the Agreement, and to direct the solid waste generated and collected within the Members’ respective boundaries to the facilities identified in the Post-Collection Agreement; and WHEREAS, the City Council has determined that authorizing the Authority to exercise the powers described in Sections 5.4(f), 5.4(g), and 5.4(h) of the Agreement will benefit the City and its residents by ensuring continuity of essential solid waste services at a reasonable price.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:
The City Council hereby authorizes the West Contra Costa Integrated Waste Management Authority to exercise the following powers pursuant to Section 5.4 of the Agreement:
a) To enter into regional post-collection processing or franchise agreements for the period beginning July 1, 2025, or later, as specified in Section 5.4(f) of the Agreement; b) To adopt, as authorized by California law, ordinances and resolutions necessary to carry out the purposes of the Agreement, as specified in Section 5.4(g) of the Agreement; and c) To require that the Members direct all of the Solid Wastes generated and collected within their respective boundaries (or specified portions or specified types of such Directed Wastes and Materials) to the Approved Facility for the period beginning July 1, 2025 or later, as specified in Section 5.4(h) of the Agreement.
Authorizes the City Manager to execute any and all documents necessary to effectuate this authorization.
Finds said authorization to be exempt from the California Environmental Quality Act (“CEQA”) in accordance with Section 15061 (b) (3) of the CEQA guidelines because it can be seen with certainty that there is no possibility that this administrative action will have an impact 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 April 8, 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