Resolution 2004-109
RESOLUTION NO. 2004-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE BAY
AREA AIR QUALITY MANAGEMENT DISTRICT FOR FUNDS TO
REDUCE EMISSIONS FROM SOLID WASTE COLLECTION VEHICLES
AND AUTHORIZING THE IMPLEMENTATION OF SAME, IF THE
APPLICATION IS APPROVED BY THE BAY AREA AIR QUALITY
MANAGEMENT DISTRICT.
WHEREAS, the California Air Resources Board has adopted a new regulation that applies to
public and private owners of solid waste collection vehicles (SWCVs) that perform residential
and commercial solid waste collection;
WHEREAS, the regulation requires fleet owners to employ Best Available Control Technology
(BACT) to reduce emissions of diesel particulate matter (PM) from SWCV s;
WHEREAS, the regulation does not require any reduction of nitrogen oxides (NOx) emissions;
WHEREAS, NOx emissions are a major component of ozone, a colorless, odorless gas that is
injurious to human health when breathed;
WHEREAS, in the absence of incentive funding, it is expected that most fleets subject to the
regulation will comply with the minimum baseline requirements to reduce PM emissions only
and will not choose to exceed the requirements for diesel PM reduction nor choose to reduce any
NOx emissions;
WHEREAS, the Bay Area Air Quality Management District ("Bay Area Air District") has
allocated funding from the Transportation Fund for Clean Air to assist refuse fleets in choosing
rule compliance strategies that reduce emissions beyond the requirements of the rule;
WHEREAS, local government agencies within the jurisdiction of the Bay Area Air District are
eligible to receive these funds on behalf of the SWCV fleets that they own or that they hold
under contract to perform solid waste collection;
WHEREAS, the CITY OF GILROY desires to participate in the SWCV incentive program;
WHEREAS, the CITY OF GILROY desires to encourage SWCV fleets under contract to the
City to reduce emissions beyond the requirements of the rule;
RESOLUTION NO. 2004-109
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WHEREAS, the CITY OF GILROY desires to apply to the Bay Area Air District for funding in
response to the opportunity provided by the Bay Area Air District;
WHEREAS, the CITY OF GILROY desires to enter into a contract with the Bay Area Air
District to allow for expenses incurred by a contracted SWCV fleet to be reimbursed by the Bay
Area Air District to the City;
WHEREAS, the CITY OF GILROY understands that it will need to enter into a contract with the
contracted SWCV fleet in order to allow for expenses incurred by the contracted SWCV fleet to
be reimbursed by the City to the SWCV fleet; and
WHEREAS, the governing body of the local government agency must adopt a Resolution to
approve the submittal of an application for SWCV incentive funds by that agency.
NOW THEREFORE BE IT RESOLVED that the CITY ADMINISTRATOR is authorized to
submit such application on behalf of the CITY OF GILROY;
BE IT FURTHER RESOLVED That the CITY OF GILROY is authorized to execute a funding
agreement with the Bay Area Air Quality Management District for the purposes described above
if said application is approved by the Bay Area Air Quality Management District.
Adopted by the GILROY CITY COUNCIL at a regular meeting held on DECEMBER 20, 2004
by the following vote:
PASSED AND ADOPTED this 20th day of December, 2004 by the following vote:
AYES:
COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
V ALIQUBTTE, VELASCO, and PINHEIRO
COUNCILMEMBERS: NONE
NOES:
ABSENT: COUNCILMEMBERS: NONE
APPROVEDC
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ATTEST:
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Rhonda Pellin, City Clerk
RESOLUTION NO. 2004-109
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I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2004-109 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
20th day of December, 2004, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 27th day of December, 2004.
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City Clerk ofthe Gity of Gilroy
(Seal)