101-Staff Report.pdf
PUBLIC WORKSDEPARTMENT
CITY HALL
1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting:November29, 2010
Subject
Agreement with the Association of Bay Area Governments (ABAG) to receive grant funds.
Recommended Action
Adopt a resolution authorizing the City Manager to execute the agreement.
Description
This agreement with the Association of Bay Area Governments (ABAG) will allow the City to
receive grant fundsfor the installation of trash capture devices (TCDs) as required by the State
Water Resources Control Board.
Discussion
The 2009 San Francisco Bay Municipal Regional Stormwater NPDES Permit(Permit),issued by
the California Regional Water Quality Control Board, requires 76 agencies in the San Francisco
Bay area to acquire, install, and maintain trash capture devices (TCDs) whichwillcollecttrash
transported by rainwater fromretail/wholesale commercialland-use areas. This requirement
must be met by July 1, 2014.
Under thisPermit,Cupertino is required to treat30% of the drainage from its 213 acres of
commercial property,totaling 64 acresto be treated with TCDs.Through the proposed
“Agreement for Local Agency Participation in Grant-Funded Bay Area-wide Trash Capture
Demonstration Project” between ABAG and the City of Cupertino, the Cityhas access to an
initial allocation of $43,123to use forthe purchase and installation ofTCDs.
Pursuant to the agreement, the City will make its selection from alist of ABAG-approved TCDs
that meet the Permit requirements. UponCupertino’s submittal to ABAG of a completed Notice
of Acceptance executed by Cupertino and the vendorforTCDswhich must be located at sites
that are owned by the City and are accessible to governmentofficials as described in the
agreement, ABAG will pay the vendor(s) of the TCDs up to theCity’sallotted amount.
The City of Cupertino is responsible for negotiating and ordering TCDs in a manner that entitles
it, alone or in conjunction with others,to discounted prices.The City is required by its Permit, as
well as by this agreement, to provide for operation and maintenanceof each TCD throughout the
useful life of the TCD. Grantfunds may not be sufficient to cover the purchase and installation
ofall of the TCDs that are required for the City of Cupertino to meet the State Permit
requirements. However, the funding will help with costs for compliance and this expenditure is
not optional.
This grant fundingagreement must be executed by January 1, 2011.If any of the agencies that
were invited to participate in the Project do not execute their agreement with ABAGby January
1, 2011, thosefunds will be returned to the funding pool to be divided among the participating
entities.
AnyTCDsthat will be installed with grant funds must bepurchased andinstalled byNovember
1, 2012. ABAG will not approve any Notices of Acceptance submitted for any TCD installed
after November 1, 2012.
The City Attorney has reviewed the agreement.
Sustainability Impact
Installation of TCDs will satisfy the Permit requirements andwill significantly reduce the
amount of trashand litterentering the City’s local creeks and waterways.
Fiscal Impact
The ABAG grant will fund the purchase and installation of TCDs up to November 2012. After
installation, staff will plan to fund ongoing maintenance within existing budgets in
environmental management fund 230. Additional TCDs required to meet the July 2014
installation deadline will be considered in future fund 230 budgets. If TCD maintenance or
acquisition costs exceed available environmental management funds, the General Fund may need
to subsidize. Staff will advise appropriately of ongoing costs within upcoming budget reviews.
_____________________________________
Prepared by:Cheri Donnelly
Reviewed by:Glenn Goepfert, Assistant Director, Public Works
Approved for Submission by:David Knapp, City Manager
Attachments:Draft Resolution
Agreement