CC Resolution No. 17-044 Approving and Authorizing the City Manager to Execute and Administer an Amendment to the MOU with the Santa Clara Valley Water District for a Landscape Conversion Rebate ProgramRESOLUTION NO.17-044
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 APPROPRIATE AN ADDITIONAL $5,000
FOR GRAYWATER LAUNDRY TO LANDSCAPE
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 City to enter into the Memorandum of
Understanding with the Santa Clara Valley Water District for Conservation Programs is set
forth in detail in the staff reports and hearings for June 2, 2015 and June 16, 2015 Council
meetings and are incorporated herein by reference; and
WHEREAS, the City entered into a Memorandum of Understanding with the Santa Clara
Valley Water District for a Landscape Conversion Program in FY16/17 for an amount not to
exceed $115,000; and
WHEREAS, the City and the Santa Clara Valley Water District desire to amend the FY16/17
MOU to extend the term and to add a Graywater Laundry to Landscape Program; 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 Re solution is in the public
interest.
Resolution No. 17-044
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:
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 Amendment of the Memorandum of Understanding with the Santa Clara
Valley Water District (MOU) for water conservation programs in substantially in
the form attached hereto as Exhibit" A" is approved;
b. The City Manager is delegated the authority and is authorized to negotiate and
execute the amendment to the MOU in substantially the form as attached Exhibit
"A", provided that the funds do not exceed one hundred twenty thousand dollars
($120,000.00).
Section 3: Effective date: This Resolution is effective immediately upon adoption.
PASS ED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 2nd day of May, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST :
Members of the City Council
Vaidhyanathan, Paul, Chang, Scharf, Sinks
None
None
None
APPROVED:
~c~lt
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino
Exhibit A
FffiST AMENDMENT TO
MEMORANDUM OF UNDERSTANDING
#A4008s BETWEEN THE
SANTA CLARA VALLEY WATER DISTRICT
AND THE CITY OF CUPERTINO
FOR A LANDSCAPE CONVERSION REBATE PROGRAM
This First Amendment ("First Amendment") to Memorandum of Understanding A4008s ("MOU") between the Santa Clara
Valley Water District ("WATER DISTRICT") and the City of Cupertino ("CUPERTINO"), originally entered into on or
about July 1, 2016, is effective as of May , 2017 ("First Amendment Effective Date").
RECITALS
WHEREAS, Under the terms of the MOU, CUPERTINO agreed to supplement WATER DISTRICT's Landscape
Conversion Program rebates granted to persons residing in the City of Cupertino ("MOU"); and
WHEREAS, In addition to supplementing the WATER DISTRICT's Landscape Conversion Program rebates,
CUPERTINO also desires to supplement the WATER DISTRICT's Graywater Laundry to Landscape rebates granted to
persons residing in the City of Cupertino ; and
WHEREAS, CUPERTINO and WATER DISTRICT desire to extend the term of the MOU from December 31, 2017 to the
earlier of June 30 , 2018 , or when funds committed by CUPERTINO under this MOU are expended; and
WHEREAS, CUPERTINO and WATER DISTRICT desire that CUPERTINO increase its payment obligation under the
MOU from $115 ,000 to $120,000.
NOW, THEREFORE, the parties agree to amend the MOU as follows:
1. Delete the title of the MOU and replace with the following title :
"Memorandum of Understanding between the Santa Clara Valley Water District and the City of
Cupertino for Water Conservation Landscape Conversion and Graywater Laundry to Landscape
Programs"
2. In the MOU, delete the first paragraph, and replace with the following:
"This 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 ") is effective as of July I , 2016
and sets forth the respective roles of the WATER DISTRICT and CUPERTINO in regard to the WATER
DISTRICT'S LANDSCAPE CONVERSION REBATE PROGRAM AND GRA YWATER LAUNDRY REBATE
PROGRAM (hereinafter collectively referred to as the "PROGRAMS ")."
3. Delete all of the Recitals in the MOU , replace them with the following Recitals:
"WHEREAS, the PROGRAMS involve providing Water Conservation Landscape Conversion Rebates
and Graywater Laundry to Landscape Rebates for properties located within CUPERTINO's jurisdiction;
and
WHEREAS, the PROGRAMS are appropriate measures for th e Best Management Practices addressed in
the California Urban Water Conservation Council's MOU regarding Urban Water Co nservation in
California ; and
Exhibit A
WHEREAS , the WATER DISTRICT has established the PROGRAMS, in part, to provide financial
incentive to remove existing turf lawns and to reuse graywater from clothes washers on landscape; and
WHEREAS , CUPERTINO wishes to participate in the PROGRAMS by providing additional financial
incentives to Cupertino residents receiving grants from the PROGRAMS ."
4 . In the MOU, under Section 1, a), c) and e), replace each reference to "PROGRAM" with "PROGRAMS ".
5. In the MOU, under Section 2, a) and c), replace each reference to "PROGRAM" with "PROGRAMS".
6 . In the MOU, under Section 2, b), add an additional bullet which reads :
• Up to $200 for each completed, qualifying Graywater Laundry to Landscape system installed
and eligible for a WATER DISTRICT rebate per the GRA YW ATER LAUNDRY REBATE
PROGRAM .
7. In the MOU, Section 2, c), delete the sentence in its entirety and replace with "CUPERTINO's obligation to pay
for the PROGRAMS is capped at a total maximum of$120,000."
8. In the MOU, Section 5 , delete the first sentence in its entirety and replace it with, "The Term of the MOU
commences on July 1, 2016 and expires on June 30 , 2018, or until funds are depleted , whichever occurs first."
All of the terms and conditions of the MOU not modified by this First Amendment shall remain in full force and effect.
IN WITNESS THE EXECUTION HEREOF the parties agree that this First Amendment shall be effective as of the First
Amendment Effective Date set forth above .
SANTA CLARA VALLEY WATER DISTRICT
an independent special district created by the California Legislature
Approved as to form :
By:------------
Anthony Fulcher
Senior Assistant District Counsel
CITY OF CUPERTINO
Approved as to form :
By:------------
Randolph Hom
City Attorney
City of Cupertino
By:---------------
Norma J . Camacho
Interim Chief Executive Officer
By:--------------
David Brandt
City Manager
City of Cupertino