102-Draft Resolution.pdf
RESOLUTION NO. 10-218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE
ASSOCIATION OF BAY AREA GOVERNMENTSTO RECEIVE GRANT FUNDING FOR
THE PURCHASEAND INSTALLATIONOF TRASH CAPTURE DEVICESNECESSARY
FOR COMPLIANCE WITH THE REQUIREMENTS OF THE “SAN FRANCISCOBAY
MUNICIPAL REGIONAL STORMWATER PERMIT”
WHEREAS, the Association of Bay Area Governments (ABAG) and the California State
Water Resources Control Board (State Water Board) have entered into a Project Finance
Agreement (PFA) in the amount of $5,000,000 (five million dollars) for Clean Water State
Revolving Fund Project No. C-06-6441-110, the Bay Area-wide Trash Capture Demonstration
Project (Project);and
WHEREAS, funding is provided by the federal American Recovery and Reinvestment Act
of 2009 (ARRA); and
WHEREAS, the Project is comprised of: acquisition of trash capture devices (TCDs),
installation of TCDs in existing storm drainage infrastructure, maintenance of installed TCDs and
monitoring of installed TCDs;and
WHEREAS, Cupertino is one of many local government entities that are eligible to
participate in the Project by facilitating installation of the TCDs in its existing storm drainage
infrastructure and by maintainingand monitoring installed TCDs;and
WHEREAS, there has been presented to the City Council the “Agreement for Local
Agency Participation Grant-Funded Bay Area-wide Trash Capture Demonstration Project”
between the ABAGand the City of Cupertino; and
WHEREAS, the ABAG agreement provides the City of Cupertino withaccess to $43,123
(forty-three thousand, one hundred and twenty-threedollars) in PFA funds to acquire and install
TCDs;and
WHEREAS, the San Francisco Bay Municipal Regional Stormwater NPDES Permit,
issued by the California Regional Water Quality Control Board,requires the City of Cupertinoto
acquire, install and agree to maintainapproved trash capture devices (TCDs) in the City’s existing
storm drainage infrastructure to filterrainwater runoff from64 acres of the City’sretail/wholesale
commercial land-use areaby July 1, 2014; and
WHEREAS, upon the City of Cupertino’s acceptance of an ABAG approved project site
and TCDs, ABAG will pay the vendor(s)of the TCDsup to Cupertino’s allotted amount to meet
the City’s minimum trash capture requirements; and
WHEREAS, said agreement requires the installation of allgrant-fundedTCD devices by
November1, 2012 and the City of Cupertino agrees to provide operation and maintenance of each
TCD acquired under this agreement throughout the useful life of the TCD; and
WHEREAS, the provisions of theABAG agreementhave been reviewed and approved by
the Director of Public Worksand the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino
hereby authorizes theCity Manager, or his designee,to execute the “Agreement for Local Agency
Participation in Grant-Funded Bay Area-wide Trash Capture Demonstration Project”on behalf of
the City of Cupertino.
PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City
th
of Cupertino this29
day of November 2010,by the following vote:
VoteMembers of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:APPROVED:
____________________________________________________
City ClerkMayor, City of Cupertino