Exhibit CC 02-15-2011 Item No. 21 Staff Report ABAG
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10UPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL/REDEVELOPMENT AGENCY STAFF REPORT
Meeting: February 15, 2011
Subject
Amendment of Grant Agreement between the City of Cupertino and the Association of Bay Area
Governments (ABAG) to allow the City to purchase two Storm Sewer Trash Capture Devices
Recommended Action
City Council action - Adopt Resolution No. 11-026
Description
Adopta resolution 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 (TCDs).
Discussion
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. For Cupertino, 30% of
our commercially zoned area of 213 acres, or 64 acres, is required to be treated.
On November 29, 2010 the Council adopted a resolution authorizing the City Manager to enter
into a grant agreement with ABAG allowing the City to select from a list of ABAG-approved
TCDs that meet the Permit requirements. ABAG will procure the two TCDs prior to the
grant funds of $47,000 together with the $78,000 to be transferred by City to ABAG pursuant to
this recommended amendment to the Agreement. The Redevelopment Agency will subsequently
reimburse the $78,000 to the City from its existing budget and property tax receipts. After the
installation of the TCDs has been completed, ABAG will reimburse the vendor $125,000 per the
agreement between ABAG and the certified vendors.
The installation of these TCDs is necessary for the City to meet performance requirements in the
new Municipal Regional Permit for storm water (NPDES Permit), which is required prior to
July, 2014. The purpose of these devices is to prevent trash from entering creeks and ultimately
the Bay. The Permit specifies an acreage of retail zoned property to be treated by these devices,
and the Redevelopment area is an appropriately zoned and sized location for installation of the
TCDs. The TCDs will assist the Agency to accomplish goals in the Redevelopment Plan and its
current Implementation Plan as those plans call for public infrastructure, such as the TCDs, as a
means to meet many of the Agency's goals and objectives, including the elimination of blight and
deterioration, increase in the use of underutilized properties, and the elimination of environmental
deficiencies. At this time, there are no other reasonable means available for financing the
estimated cost of the TCDs in the City budget or from other funds available to the City.
Sustainability Impact:
Installation of TCDs will satisfy the Permit requirements and will
eeks and waterways.
Fiscal Impact
ABAG will be reimbursed out of the Redevelopment Agency
existing budget and property tax receipts.
_____________________________________
Prepared by:Timm Borden, Director of Public Works
Approved for Submission by:David W. Knapp, City Manager
Attachments:
Attachment A: Agreement between the City of Cupertino and ABAG for Participation in
Grant-Funded Bay Area-wide Trash Capture
Attachment B: Draft City Council Resolution authorizing the City Manager to negotiate
and execute an amendment to 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 (TCDs)