CC Resolution No. 25-049 APPROVING A 10-YEAR AGREEMENT WITH ZANKER ROAD RESOURCE MANAGEMENT, LLC FOR SOLID WASTE CONSTRUCTION AND DEMOLITIONRESOLUTION NO. 25-049
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A 10-YEAR AGREEMENT WITH ZANKER ROAD RESOURCE
MANAGEMENT, LLC FOR SOLID WASTE CONSTRUCTION AND
DEMOLITION (C&D) MATERIAL PROCESSING SERVICES; APPROVING
A NEW 10-YEAR AGREEMENT WITH INTERNATIONAL DISPOSAL
CORPORATION OF CALIFORNIA, INC., FOR DISPOSAL OF GARBAGE;
AND APPROVING A 20-YEAR AGREEMENT WITH THE CITY OF
SUNNYVALE FOR GARBAGE PROCESSING AT THE SUNNYVALE
MATERIALS RECOVERY AND TRANSFER STATION (SMART STATION) .
WHEREAS, pursuant to state constitutional and statutory authority, the
City of Cupertino has the authority to regulate the handling of solid waste within
its jurisdiction; and
WHEREAS, the City enacted and maintains Municipal Code Chapters 6.24
and 9.16, in part, to satisfy solid waste collection and diversion obligations, and
other requirements of the California Integrated Waste Management Act AB 939,
Assembly Bill 1826, the Short-Lived Climate Pollutants Bill of 2016 SB 1383, and
related laws and regulations; and
WHEREAS, the City has determined that post-collection management of
solid waste, which includes garbage and construction and demolition debris, is a
health, sanitary, and safety measure necessary for the promotion, protection, and
preservation of the health, safety, and general welfare of the people of the City;
and
WHEREAS, in 1989 and as renewed in 2002 and extended in 2023, the City
entered into an agreement with International Disposal Corporation of California,
Inc. for disposal of garbage and construction and demolition debris the term of
which is scheduled to expire on November 20, 2025; and
WHEREAS, on May 2, 2023, the City Council directed City staff to issue an
RFP to solicit and negotiate new agreements for needed services, including
consideration of processing garbage; and
WHEREAS, after conducting thorough due diligence with the assistance
and support of expert advisors, the City has determined that the chosen service
providers and negotiated agreements meet the service-related goals for the City
Resolution No. 25-049
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and assure the community continued high levels of service at competitive rates;
and
WHEREAS, processing of garbage and construction and demolition debris
for increased recovery of recyclable materials and diversion from landfill is
supported by the City’s adopted Climate Action Plan 2.0 under action item W1.2,
supports the City’s Zero Waste Policy (Resolution 17-122), supports Policy INF-7.1
in the City’s General Plan, and was recommended by the City’s Sustainability
Commission on October 17, 2024; and
WHEREAS, as permitted by Cupertino Municipal Code (CMC) section
3.22.070 B.1, the City conducted negotiations with the City of Sunnyvale regarding
use of the SMaRT Station for processing of garbage to reduce garbage going to
landfill; and
WHEREAS, no California Environmental Quality Act impact is anticipated
and any needed Negative Declarations will be prepared before commencement of
chosen services and facilities,
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby:
1.Approve the execution of an agreement with Zanker Road Resource
Management, LLC for solid waste construction and demolition (C&D)
material processing services to begin November 21, 2025, with a 10-year
term.
2.Approve the execution of an agreement with International Disposal
Corporation of California, Inc., for disposal of garbage at Newby Island
Sanitary Landfill Facility with a ten year term.
3.Approve the execution of a partner agreement with the City of Sunnyvale
for garbage processing at the Sunnyvale Materials Recovery and Transfer
Station (SMaRT Station) and residue disposal for a term of 20 years.
Delivery of garbage and payment of per-ton fees would only commence
upon completion of facility upgrades (expected by end of calendar year
2026).
4.Approve use of $35,000 from Resource Recovery Fund 520 to cover
differences in disposal and C&D processing cost during the period between
November 21, 2025 and January 31, 2026, allowing customer rates to remain
unchanged until the beginning of Recology’s Rate Period 6, which begins
February 1, 2026.
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BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Environmental Quality Act, together with related
State CEQA Guidelines (collectively, “CEQA”) because it has no potential for
resulting in physical change in the environment. In the event that this Resolution
is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility that the action approved may have a significant
effect on the environment. CEQA applies only to actions which have the potential
for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. In this
circumstance, the proposed action of directing collected materials to existing
landfill and processing facilities would have no or only a de minimis effect on the
environment because the facilities already exist and have been in operation, there
will be increased recovery of usable materials and less material being sent to
landfill, and the facilities are either the same distance from Cupertino or closer
resulting in no increase in greenhouse gases. The foregoing determination is made
by the City Council in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17th day of June 2025, by the following vote:
Members of the City Council
AYES: Chao, Moore, Fruen, Mohan
NOES: Wang
ABSENT: None
ABSTAIN: None
SIGNED:
Liang Chao, Mayor City of
Cupertino
Date
7/2/2025
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ATTEST:
Kirsten Squarcia, City Clerk Date
7/2/2025