CC Resolution No. 15-104 Approving and Authorizing Memorandum of Understanding with Santa Clara Valley Water District for Landscape Conversion Rebate ProgramRESOLUTION NO. 15-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND
ADMINISTER AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
WITH THE SANTA CLARA VALLEY WATER DISTRICT FOR A LANDSCAPE
CONVERSION REBATE PROGRAM AND APPROVE AN AMENDMENT TO FY15/16
ANNUAL OPERATING BUDGET TO APPROPRIATE AN ADDITIONAL $40,000
WHEREAS, the City of Cupertino, a municipal corporation and general law city duly
organized and existing under and pursuant to the laws of the State of California (City) is
authorized to enter contracts on its behalf and for the benefit of the City; and
WHEREAS, the reasons supporting the entrance of the City into the Memorandum of
Understanding with the Santa Clara Valley Water District for Conservation Programs is set
forth in detailin the staff reports and hearings for June 2, 2015, June 16, 2015, and November
17, 2015, Council meetings and are incorporated herein by reference; and
WHEREAS, due to the popularity of the Landscape Conversion Rebate Program and
California's extended drought an amendment to increase available funds to the June 16, 2015
Memorandum of Understanding with the Santa Clara Valley Water District is needed; and
WHEREAS, the consideration by the City Council of the adoption of this Resolution has been
duly noticed pursuant to applicable laws and Council provided members of the public an
opportunity to comment and be heard and considered all testimony and evidence in
connection with the adoption of this Resolution; and
WHEREAS, pursuant to the provisions and requirements of the California Environmental
Quality Act of 1970, together with related State CEQA Guidelines (collectively, "CEQA"), the
City determines that the provisions of this Resolution are exempt as a project intended to
protect the environment and natural resources (14 Cal.Regs. 15307, 15308); and
WHEREAS, the City Council determines that the adoption of this Resolution is in the public
interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:
Resolution No. 15-104
Page 2
Section 1. Recitals. The City Council does hereby find, determine, and resolve that the
foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve that:
a. The Memorandum of Understanding with the Santa Clara Valley Water District
MOU) for water conservation programs was approved on June 16, 2015;
b. The City Manager is delegated the authority and is authorized to negotiate and
execute an amendment to the MOU in substantially in the form as attached Exhibit
A", provided that the additional funds, when added to the June 16, 2015
authorized amount of$75,000, do not in total exceed one hundred fifteen thousand
dollars ($115,000.00);
c. The Fiscal Year 2015/2016 Operating Budget is amended to include an
appropriation for this purpose.
Section 3: Effective date: This Resolution is effective immediately upon adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 1711'day of November, 2015, by the following vote:
Vote Members of the City Council
AYES: Sinks, Chang, Paul, Vaidhyanathan, Wong
NOES: None
ABSENT:None
ABSTAIN: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
· SCVWD ENACTED COPY c/Jl! Ad~lnlstration u~'
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AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE SANT A CLARA VALLEY WATER DISTRICT AND THE
CITY OF CUPERTINO FOR A LANDSCAPE CONVERSION REBATE
PROGRAM
On or about June 16, 2015, the Cupertino City Council approved a MEMORANDUM OF
UNDERSTANDING (MOU) between the Santa Clara Valley Water District, an Independent
special district created by the California Legislature (hereinafter referred to as WATER
DISTRICT) and the City of Cupertino (hereinafter referred to as CUPERTINO) which set
forth the respective roles of the WATER DISTRICT and CUPERTINO with respect to the
WATER DISTRICT'S WATER CONSERVATION LANDSCAPE CONVERSION REBATE
PROGRAM (hereinafter referred to as PROGRAM).
RECITALS
WHEREAS, the PROGRAM involves providing Water Conservation Landscape Conversion
Rebates for properties located within CUPERTINO's jurisdiction; and
WHEREAS, the PROGRAM includes the Landscape Conversion Rebate Program for Water
Efficient Landscape Conversions; and
WHEREAS, the PROGRAM is an appropriate measure for the Best Management Practices
addressed in the California Urban Water Conservation Council's MOU regarding Urban
Water Conservation in California; and
WHEREAS, the WATER DISTRICT has established the PROGRAM, in part, to provide
financial incentive to remove existing turf lawns; and
WHEREAS the PROGRAM has proven to be a success and has encouraged conservation
measures by CUPERTINO residents;
WHEREAS, CUPERTINO wishes to increase financial participation in the PROGRAM and
increase funding in order to provide additional incentives for Cupertino residents to remove
existing lawns.
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NOW, THEREFORE, in consideration of the recitals and mutual obligations of the parties
expressed above and in the MOU, WATER DISTRICT and CUPERTINO agree to amend the
MOU as follows:
1. The MOU, Paragraph 2, "Cupertino's Responsibilities", is hereby amended to read as
follows:
a. Work cooperatively with WATER DISTRICT in appropriately advertising the
PROGRAM to the targeted customers.
b. CUPERTINO must pay WATER DISTRICT as set forth below for each activity
performed by the WATER DISTRICT in the CUPERTINO service area:
• Up to $1.00 per each square foot of turf removed per qualified residential
and for commercial rebate, up to $1,000 per residential and up to $10,000 per
commercial site, as per the District's Landscape Rebate Program
requirements.
c. CUPERTINO's obligation to pay for the PROGRAM activities is capped at a
total maximum of $115,000.
d. Make payments to the WATER DISTRICT within 60 days of the receipt of
Invoice from WATER DISTRICT.
2. All other provisions of the MOU remain without change.
In WITNESS WHEREOF, the parties have executed this amendment to the MOU effective as
of November 17, 2015.
Colleen Winchester
Acting City Attorney
City of Cupertino
ATTEST:
~-Grace Schmidt / 2-/J-f J
Clerk, City of Cupertino
II
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David Brandt
City Manager
City of Cupertino
SANTA CLARA VALLEY WATER DISTRICT
An independent special district
created by the California Legislature
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j,rBeau oldie
Chief Executive Officer