CC Resolution No. 12-069 Agreement with the City of Sunnyvale for Industrial Wastewater Treatment Services in Rancho Rinconada RESOLUTION NO. 12-069
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO,
AUTHORIZING EXECUTION OF THE AGREEMENT BETWEEN THE CITY OF
SUNNYVALE AND THE CITY OF CUPERTINO FOR INDUSTRIAL
WASTEWATER TREATMENT SERVICES IN RANCHO RINCONADA.
WHEREAS, an agreement has been presented to the City Council between the City
of Sunnyvale and the City of Cupertino for industrial wastewater treatment services in
Rancho Rinconada; and
WHEREAS, the provisions, terms and conditions of the aforementioned agreement
have been reviewed and approved by the City Attorney and the Director of Public Works;
and
WHEREAS,the City of Sunnyvale owns and operates a sanitary sewerage system
and is thus deemed a "Control Authority" for purposes of providing such services to
Industrial Users; and
WHEREAS, the City of Cupertino currently utilizes this sewerage system to serve
an area within the City of Cupertino known as Rancho Rinconada pursuant to an
Agreement between the developers of Rancho Rinconada and the City of Sunnyvale
dated April 19, 1954; and
WHEREAS, the agreement between the City of Sunnyvale and the Rancho
Rinconada Sewer District from 1954 and an associated document titled "City of
Sunnyvale Sewer Responsibilities Rancho Rinconada Area" specifies that "the City of
Sunnyvale will provide sewer services at the rates, including connection fees, and in
accordance with the rules and regulations of the City now in force by the City of
Sunnyvale, or that hereafter and from time to time may be established by the City
Council of the City of Sunnyvale."; and
WHEREAS, a schematic diagram of the areas served has been provided as Exhibit
"B"; and
WHEREAS, the federal regulations at 40 CFR 403.8(f)(1) require the City of
Sunnyvale to have the legal authority to apply and enforce the requirements of sections
307(b) and (c) and 402(b)(8) of the Clean Water Act, to implement and enforce a
pretreatment program, and to control discharges from all existing and future
industrial users of its sewerage system, including those located in contributing
jurisdictions (Rancho Rinconada); and
WHEREAS, facilities located in Rancho Rinconada currently consist of residential
users and commercial users, who primarily contribute domestic sewage to the City of
Sunnyvale sewerage system;
Resolution No. 12-069 2
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino City Council
hereby approves the agreement and authorizes the Interim City Manager to execute said
agreement 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 19th day of June, 2012, by the following vote:
Vote Members of the City Council
AYES: Santoro, Mahoney, Chang, Wong
NOES: None
ABSENT: Sinks
ABSTAIN: None
ATTEST: APPROVED:•
Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino