HERCULES CITY COUNCIL
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING THE FIRST AMENDMENT TO THE FIFTH AMENDMENT AND RESTATEMENT OF THE JOINT EXERCISE OF POWERS AGREEMENT TO CHANGE THE AUTHORITY FISCAL YEAR TO JANUARY THROUGH DECEMBER COMMENCING JANUARY 1, 2027 WHEREAS, the City of Hercules is a member of the West Contra Costa Integrated Waste Management Authority (Authority), which is a joint powers authority formed under California law to provide regulatory oversight of the disposal and recycling processing of solid waste and household hazardous waste (HHW) collected from the cities of El Cerrito, Hercules, Pinole, Richmond, San Pablo and portions of the unincorporated County of Contra Costa; and WHEREAS, the Joint Exercise of Powers Agreement (JEPA) was executed by the City and the other member agencies in 1991 to form the Authority, and was subsequently amended by the City and the other member agencies in 1991, 1993, 1995, 2011 and 2019; and WHEREAS, Section 1.17 of the JEPA defines “Fiscal Year” to mean the period commencing July 1 and ending on the following June 30; and WHEREAS, Section 8.8 of the JEPA requires a general budget for the Authority’s operations to be adopted by its Board of Directors for the ensuing Fiscal Year prior to June 30 of each year; and WHEREAS, the Authority establishes and approves the post-collection rates to be charged to the City’s ratepayers for materials delivered to its contractor for post-collection processing and disposal; and WHEREAS, on June 11, 2026, the Authority Board of Directors approved Resolution No. 26-12 directing the Executive Director to ask the Authority’s member agencies to consider approving a resolution to change the Authority’s Fiscal Year from July 1 through June 30 to January 1 through December 31, commencing January 1, 2027; and WHEREAS, any changes to the JEPA first require approval by the Authority Board of Directors and then approval from all of the Authority’s member agencies in order for the change to become effective.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hercules hereby approves the First Amendment to the Fifth Amendment and Restatement Joint Exercise of Powers Agreement (JEPA), and the Mayor is authorized to execute this First Amendment to the JEPA (Exhibit A) on behalf of the City.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 8th day of September, 2026 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Chris Kelley, Mayor
ATTEST:
________________________________
Eibleis Melendez, City Clerk
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