Exhibit CC 02-15-2011 Item No. 21 Council Reso ABAG
RESOLUTION NO. 11- ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO, AUTHORIZING THE CITY MANAGER TO AMEND THE
AGREEMENT FOR LOCAL AGENCY PARTICIPATION IN GRANT-
FUNDED BAY AREA-WIDE TRASH CAPTURE DEMONSTRATION
PROJECT DATED DECEMBER 10, 2010, TO TRANSFER $78,000 TO
ABAG FOR THE PURCHASING OF TWO STORM SEWER TRASH
CAPTURE DEVICES AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
The City Council of the City of Cupertino resolves as follows:
WHEREAS, as part of the Municipal Regional Permit for storm water (NPDES Permit),
municipalities are required to prevent trash from reaching creeks and ultimately the Bay; and
WHEREAS, on December 15, 2010, the City and ABAG entered into an Agreement for
Local Agency Participation in Grant-Funded Bay Area-wide Trash Capture Demonstration
Project ("Agreement") allowing the City to select from a list of ABAG-approved trash collection
devices ("TCDs") that meet the Permit requirements. Pursuant to the Agreement, ABAG will
procure two TCDs which will then be installed by a contractor in the Cupertino Redevelopment
transferred by City (from Agency funds) to ABAG pursuant to a recommended amendment to
the Agreement; and
WHEREAS, the City Council of the City of Cupertino (
adopted and amended, from time to time, the Redevelopment
Cupertino Vallco Redevelopment
WHEREAS, the City of Cupertino
various activities in its efforts to remove the blight conditions that still remain in the Project Area;
and
WHEREAS, the TCDs will be installed within Project Area; and
WHEREAS, the purchase and eventual installation of TCDs are consistent with the
City's General Plan, applicable zoning requirements, the Implementation Plan and the
Redevelopment Plan, and will promote the goals and objectives of the Redevelopment Plan and
Agency's Implementation Plan to revitalize the Project Area; and
WHEREAS, under the California Redevelopment Law (Health and Safety Code Section
33100 et seq.; the "Law"), before the Agency can expend money for public improvements, the City
Council must make specified findings pursuant to Health and Safety Code Section33445; and
1
394\01\943269.1
WHEREAS, the Agency and the City have entered into a Loan and Repayment
Agreement pursuant to which the Agency will reimburse the City for the City's portion of the
purchase cost of the TCDs; and
WHEREAS, the staff report accompanying this Resolution, the Redevelopment Plan, the
report to City Council accompanying the Redevelopment Plan, and the Implementation Plan
provide additional information upon which the findings and actions set forth in this Resolution
are based.
NOW, THEREFORE BE IT RESOLVEDby the City Council of the City of Cupertino as
follows:
1. All the Recitals above are true and correct and incorporated herein.
2. In compliance with Section 33445 of the Law, the City Council hereby finds and
determines that: (a) the purchase and installation of the TCDs are of benefit to the Project Area
by helping to eliminate blight within the Project Area; (b) no other reasonable means of
financing the purchase and installation of the TCDs are available to the community; and (c) the
appropriation and payment of funds by the Agency to repay the City for the City's cost of the
purchase of the TCDs is consistent with the Agency's current Implementation Plan.
3. The City Council consents to the Agency expenditures for purchase of the TCDs.
4. The City Council hereby authorizes the City Manager to negotiate and execute a
an amendment to the Agreement with ABAG ("Amendment") to provide for funding of the
City's share of the purchase of the TCDs in the estimated amount of $78,000. The City Manager
is authorized to implement the Agreement and the Amendment and take all further actions and
execute all other documents which are necessary or appropriate to carry out the Agreement and
the Amendment.
5. The City Council hereby approves and appropriates (to the extent not already
appropriated) the amounts necessary to fund the City's obligations under the Amendment. The
City's current fiscal year budget is hereby amended to the extent necessary to implement the
foregoing appropriation.
6. The City Manager is hereby authorized to take such further actions as may be
necessary or appropriate to carry out the City's obligations pursuant to this Resolution, the
Agreement and the Amendment.
7. The City Clerk shall certify to the adoption of this Resolution.
8. This Resolution shall take effect immediately upon adoption.
2
394\01\943269.1
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of February, 2011, by the following vote:
Vote Members of the City Council
YES:
NOES:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
City Clerk, City of Cupertino Mayor, City of Cupertino
3
394\01\943269.1