APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, December 1, 2015
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Rod Sinks called the Regular City Council meeting to order in Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Rod Sinks, Vice Mayor Barry Chang and Council members Savita Vaidhyanathan, Darcy Paul and Gilbert Wong. Absent: None.
CEREMONIAL MATTERS AND PRESENTATION
1. Subject: Update from Teen Commission
Recommended Action: Receive update
Written communications for this item included a PowerPoint presentation.
Teen Commissioners Annabelle Chan and Anooj Vadodkar gave an update via a PowerPoint presentation.
Council received the update.
2. Subject: Update from Fine Arts Commission
Recommended Action: Receive update
Written communications for this item included a PowerPoint presentation.
Fine Arts Commissioner Mike Sanchez gave an update via a PowerPoint presentation.
Council received the update.
POSTPONEMENTS - None
City Council Minutes December 1, 2015
2 ORAL COMMUNICATIONS
Assembly member Evan Low presented a Certificate of Recognition to outgoing Mayor Sinks.
Wendell Stephens on behalf of Cupertino Rotary talked about urging Council to set a study session regarding the potential lease of the Stocklmeir property.
Ro Khan na, lecturer of economics at Stanford University and Congressional candidate congratulated Sinks and Chang on their service to the community and offered support for Community Choice Energy.
Eric Schaefer talked about the poll he created on nextdoor.com re garding the Hills at Vallco project.
Manny Cappello, Vice Mayor of Saratoga talked about collaboration with the neighboring cities and looking forward to next year.
CONSENT CALENDAR
Wong moved and Vaidhyanathan seconded to approve the items on the Consent Calendar as presented. Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None.
Absent: None.
3. Subject: Approve the November 17 City Council minutes Recommended Action: Approve the minutes
4. Subject: Accept Accounts Payable for the period ending October 23, 2015 Recommended Action : Adopt Resolution No. 15 -105 accepting Accounts Payable for the period ending October 23, 2015
5. Subject: Accept Accounts Payable for the period ending October 30, 2015 Recommended Action : Adopt Resolution No. 15 -106 accepting Accounts Payable for the period ending October 30, 2015
6. Subject: Accept Accounts Payable for the period ending November 6, 2015 Recommended Action : Adopt Resolution No. 15 -107 accepting Accounts Payable for the period ending November 6, 2015
City Council Minutes December 1, 2015
3 7. Subject: California State Law AB1717, Local Prepaid Mobile Telephony Services Collection Act effective January 1, 2016
Recommended Action: a.) Adopt Resolution No. 15 -108 authorizing the City Manager to Execute the Agreement with the State Board of Equalization; and b.) Adopt Resolution No. 15 -109 authorizing the Examination for the Prepaid Mobile Telephony Services Surcharge and Local Charge Records
8. Subject: Letter to President Obama expr essing support for the Clean Power Plan and transitioning U.S. energy consumption to 100% renewable by 2050 Recommended Action : Authorize the Mayor to sign a letter to President Obama in support of the Clean Power Plan and transitioning the nation’s energy consumption to be 100% renewable by 2050
9. Subject: Participate in the Compact of Mayors by sending a letter of commitment to the Compact of Mayors Secretariat.
Recommended Action : Authorize the Mayor to sign the letter of commitment to the Compact of Mayors, joining coalitions of mayors and city officials worldwide committing to reduce local greenhouse gas emis sions and enhance resilience to climate change.
10. Subject: Participation in the Institute for L ocal Government’s Beacon Award: Local Leadership toward Solving Climate Change Recognition Program Recommended Action: Adopt Resolution 15 -110 supporting the City’s participation in the Institute for Local Government’s Beacon Award: Local Leadership toward Solving Climate Change Recognition Program.
11. Subject: Declare weeds a nuisance and set hearing date of January 19 for objections to proposed removal
Recommended Action: Adopt Resolution No. 15 -112 declaring weeds a nuisance and setting hearing date of January 19 for objections to proposed removal
12. Subject: Blackberry Farm Golf Course Maintenance Agreement, Contract Award Recommended Action: Authorize the City Manager to award, negotiate and execute a contract with Professional Turf Management of San Jose, California in the amount of $99,600, as selected through a Request for Qualification process, and further authorize the City Manager to execute annual extensions to the contract for up to five years based upon the pricing in the bid documents, subject to appropriation
City Council Minutes December 1, 2015
4 13. Subject: Application for Alcoholic Beverage License for Yayoi, 20682 & 20684 Homestead Road
Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Yayoi, 20682 & 20684 Homestead Road
14. Subject: Application for Alcoholic Beverage Licen se for Pieology Pizzeria, 19409 Stevens Creek Boulevard, Suite 140
Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Pieology Pizzeria, 19409 Stevens Creek Boulevard, Suite 140
15. Subject: Application for Alcoholic Beverage Lic ense for Tofu Plus, 10971 North Wolfe Road
Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Tofu Plus, 10971 North Wolfe Road
16. Subject: Application for Alcoholic Beverage Lic ense for Starbucks #5217, 20520 Stevens Creek Boulevard
Recommended Action : Recommend approval of the Alcoholic Beverage Control License to the California Department of Alcoholic Beverage Control for Starbucks #5217, 20520 Stevens Creek Boulevard
17. Subject: Application for Alcoholic Beverage License for Yoshida Restaurant, 10700 South De Anza Boulevard
Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Yoshida Restaurant, 10700 South De Anza Boulevard
SECOND READING OF ORDINANCES
18. Subject: Second reading of an Ordinance amending Section 2.04.010 of the Cupertino Municipal Code regarding regular City Council meetings that fall on any Election Tuesday in a regular Cupertino election year
Recommended Action: Conduct the second reading and enact Ordinance No. 15-2137:
"An Ordinance of the Cit y Council of the City of Cupertino amending Section 2.04.010 of Chapter 2.04 of Title 2 of the Cupertino Municipal Code regarding regular City City Council Minutes December 1, 2015
5 Council meetings that fa ll on any Election Tuesday in a regular Cupertino election year"
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Chang seconded to read Ordinance No. 15- 2137 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent: None.
Wong moved and Chang seconded to enact Ordinance No. 15 -2137. Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent: None.
PUBLIC HEARINGS - None
ORDINANCES AND ACTION ITEMS
19. Subject: Approve actions related to the formation of, and Cupertino’s membership in, the Silicon Valley Clean Energy Authority, an independent joint powers authority, which will provide a Commu nity Choice Aggregation Program to offer clean energy alternatives for Cupertino residents and businesses; and related CEQA action Recommended Action : 1. Accept the Silicon Valley Community Choice Energy Technical Study Draft Report, and find that the prop osed actions are exempt from CEQA; and 2. Conduct the first reading of the Ordinance No. 15- 2138: “An Ordinance of the City Council of the City of Cupertino Authorizing the Implementation of a Community Choice Aggregation Program” to create and participate in the Silicon Valley Clean Energy Authority; and 3. Adopt Resolution No. 15-111 of the City Council of the City of Cupertino Approving the Joint Powers Agreement Establis hing the Silicon Valley Clean Energy Authority; and 4. Authorize the City Manager to remit up to $450,000, as previously budgeted, to the Silicon Valley Clean Energy Authority to support the initial costs of the Authority; and 5. Approve an increase to the Fiscal Year 2015-16 Sustainability Division Special Project Budget of $100,000 for project contingency as outlined in the JPA; and 6. Direct staff to return to Council with an update and potential action regarding bridge f inancing for the Authority; and 7. Direct staff to return to Council with a proposal to provide interim project and/o r staffing support to the Authority via a s eparate services agreement; and 8. Direct staff to return to Council for appoin tment of a regular Director and alternate Director to the Authority’s Board of Directors
City Council Minutes December 1, 2015
6 Written communications for this item included emails to Council, copy of Appendix A from Attachment A, and a staff PowerPoint presentation.
Assistant to the City Manager Erin Cooke reviewed the staff report via a PowerPoint presentation.
Staff and Kirby Dusel of Pacific Energy Advisors answered questions from Council.
The following individuals spoke in support of this item:
Tim Brand
John Scarboro on behalf of Carbon Free Mountain View
Jan Butts on behalf of the Sierra Club
Bruce Karney, Board President Carbon Free Mountain View Mike Balma on behalf of Carbon Free Mountain View
Rose Friedland
John Bartas
Richard Adler
Rhoda Fry
Paula Wallis
Gary Latshaw on behalf of Sierra Club
Wong moved and Chang seconded to a ccept the Silicon Valley Commu nity Choice Energy Technical Study Draft Report and find that the proposed actions are exempt from CEQA; adopt Resolution No. 15-111 approving the Joint Powers Agreement (JPA) establishing the Silicon Valley Clean Energy Authority; a uthorize the City Manager to remit up to $450,000, as previously budgeted, to the Silicon Valley Clean Energy Authority to support the initial costs of the Authority; a pprove an increase to the Fiscal Year 2015- 16 Sustainability Division Special Project Budget of $100,000 for pr oject contingency as outlined in the JPA; d irect staff to return to Council with an update and potential action regarding bridge f inancing for the Authority; d irect staff to return to Council with a proposal to provide interim project and/or staffing suppo rt to the Authority via a s eparate services agreement; d irect staff to return to Council for appointment of a regular Director and alternate Director to the Authority’s Board of Directors. The motion carried unanimously.
City Clerk Grace Schmidt read the title of the ordinance.
City Council Minutes December 1, 2015
7 Wong moved and Paul seconded to read Ordinance No. 15 -2138 by title only and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent: None.
REPORTS BY COUNCIL AND STAFF
Council members highlighted the activities of their committees and various community events.
ELECTION OF MAYOR AND VICE MAYOR
20. Subject: Council members elect Mayor
Recommended Action: Make nominations and elect Mayor
Vaidhyanathan moved and Wong seconded to nominate Barry Chang as Mayor. The motion carried unanimously.
21. Subject: Council members elect Vice Mayor
Recommended Action: Make nominations and elect Vice Mayor
Chang moved and Paul seconded to nominate Savita Vaidhyanathan as Vice Mayor.
The motion carried unanimously.
OATH OF OFFICE
22. Subject: Mayor takes Oath of Office
Recommended Action: Mayor takes Oath of Office
District Attorney Jeff Rosen gave the Oath of Office to Mayor Barry Chang.
23. Subject: Vice Mayor takes Oath of Office
Recommended Action: Vice Mayor takes Oath of Office
District Attorney Jeff Rosen gave the Oath of Office to Vice Mayor Savit a Vaidhyanathan.
COMMENTS BY NEW MAYOR
24. Subject: Comments by new Mayor and presentation of gifts City Council Minutes December 1, 2015
8 Recommended Action: Comments by new Mayor and presentation of gifts
New Mayor Barry Chang presented a gavel plaque to outgoing Mayor Rod Sinks.
City Manager David Brandt noted that a gift on behalf of staff would be given to outgoing Mayor Rod Sinks.
New Mayor Barry Chang made comments.
COMMENTS BY COUNCIL MEMBERS AND PUBLIC
25. Subject: Comments by Council members
Recommended Action: Comments by Council members
Council members made comments.
26. Subject: Members of the audience are invited to speak Recommended Action: Members of the audience are invited to speak
Members of the audience made comments.
RECEPTION
27. Subject: The public is invited to attend a reception in the lobby Recommended Action: The public is invited to attend a reception in the lobby
Mayor Chang invited the public to attend a reception in the lobby.
ADJOURNMENT
At 9:42 p.m., Mayor Chang adjourned the meeting to Tuesday, January 19 . Note:
December 15 and January 5 Council meetings have been cancelled.
/s/Grace Schmidt_______________________________
Grace Schmidt, City Clerk
City Council Minutes December 1, 2015
9 Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777 -3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org . Click on Agendas & Minutes, and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.