CC Resolution No. 10-218 Association of Bay Area Governments, Trash Capture Devices, San Francisco Bay Municipal Regional Stormwater Permit 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 GOVERNMENTS TO RECEIVE GRANT FUNDING FOR
THE PURCHASE AND INSTALLATION OF TRASH CAPTURE DEVICES NECESSARY
FOR COMPLIANCE WITH THE REQUIREMENTS OF THE "SAN FRANCISCO BAY
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 maintaining and 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 ABAG and the City of Cupertino; and
WHEREAS, the ABAG agreement provides the City of Cupertino with access to $43,123
(forty -three thousand, one hundred and twenty -three dollars) 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 Cupertino to
acquire, install and agree to maintain approved trash capture devices (TCDs) in the City's existing
storm drainage infrastructure to filter rainwater runoff from 64 acres of the City's retail /wholesale
commercial land -use area by 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 TCDs up to Cupertino's allotted amount to meet
the City's minimum trash capture requirements; and
WHEREAS, said agreement requires the installation of all grant- funded TCD devices by
November 1, 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 the ABAG agreement have been reviewed and approved by
the Director of Public Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino
hereby authorizes the City 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
of Cupertino this 29 day of November 2010, by the following vote:
Vote Members of the City Council
AYES: Wang, Wong, Chang, Mahoney, Santoro
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
e Vei ,000,
City Clerk 1 ', l M%. r, City of Cup; ino
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