CC 09-02-2014 s
CUPERTINO
APPROVED ]MINUTES
CUPERTINO Cr['Y COUNCIL
Tuesday, September 2, 2014
SPECIAL CITY COUIyTCIL MEETING
ROLL CALL
At 5:05 p.m. Mayor Gilbert Wong called the Lâ–ºpecial City Council meeting to order in
Cupertino City Hall Conference Room A, 10300 Torre Avenue.
Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang,
Orrin Mahoney, and Mark Santoro. Absent: None.
Council went into closed session and reconvened in open session at 6:45 p.m. in the
Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA.
1. Subject: Public Employee Performance Evaluation (Gov't Code Section 54957) - City
Attorney
2. Subject: Conference with Legal Counsel - Initiation of Litigation pursuant to
subdivision (c) of Section 54956.9: One Case
Mayor Wong announced that item number one was continued September 9 and for item
number two, Council obtained,briefing from legal counsel, gave direction, and no was
action taken.
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Gilbert Wong called the Regular City Council meeting to order and led
the Pledge of Allegiance.
City Council Minutes September 2, 2014
ROLL CALL
Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang,
Orrin Mahoney, and Mark Santoro. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
3. Subject: Proclamation to Diana Ding recognizing the Ding Ding TV 4th Annual
Silicon Valley Food Festival
Recommended Action: Present proclamation
Mayor Wong presented the proclamation to Diana Ding.
4. Subject: Presentation from Cupertino student delegates regarding their recent trip to
Toyokawa, Japan
Recommended Action: Receive presentation
Tammy Fox, member of the Toyokawa Sister City Board introduced the students who
presented a slideshow on their recent trip to Toyokawa, Japan. Alysa Sakkas, President of
the Toyokawa Sister City Committee recognized the members of the Committee and also
the Board members.
Council received the presentation.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Anjali Kausar, Executive Director of the Cupertino Chamber of Commerce invited everyone to
the Annual Diwali Festival on September 27 from 10-5 at Cupertino Memorial Park.
Darrel Lum noted issues with the proposed height of the Hyatt House Hotel which was
discussed at the previous Planning Commission meeting.
CONSENT CALENDAR
Mahoney moved and Chang seconded to approve the items on the Consent Calendar as
presented. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None.
Absent: None.
City Council Minutes September 2, 2014
5. Subject: Approve the August 19 City Council minutes
Recommended Action: Approve the minutes
6. Subject: Accept Accounts Payable for period ending August 15, 2014.
Recommended Action: Adopt Resolution No.14-192 accepting Accounts Payable for the
period ending August 15, 2014
7. Subject: Accept Accounts Payable for period ending August 22, 2014.
Recommended Action: Adopt Resolution No. 14-193 accepting Accounts Payable for the
period ending August 22, 2014
8. Subject: 2014 Pavement Maintenance Project Phase 3, Project No. 2014-05, authority to
award construction contract
Recommended Action: Authorize the Cii.y Manager to award the construction contract
with a construction contingency of up to 1.0% if the bids are within the established budget
and there are no unresolved bid protests
SECOND READING OF ORDINANCES
9. Subject: Amendment to the Municipal Code to regulate outdoor smoking
Recommended Action: Conduct the second reading and enact Ordinance No. 14-2121,"'An
Ordinance of the City Council of the City of Cupertino amending Sections 10.90.010 and
10.90.020 of Chapter 10.90 and adding Section 10.90.045 of Chapter 10.90 and amending
Section 10.56.020 of Chapter 10.56 of Title 10 of the Cupertino Municipal Code to regulate
outdoor smoking"
Description: Application No(s).: CP-2014-02; Applicant(s): City of Cupertino; Location:
citywide; City Project to amend Chapters 10.90 and 10.56, Title 10, of the Cupertino
Municipal Code to regulate outdoor smoking
Written communications for this item included an email from Kevin McClelland.
Carol Baker from Cancer Action Network spoke in support of the ordinance to protect the
health of the citizens of Cupertino.
Chang moved and Santoro seconded to read Ordinance No. 14-2121 by title only and that
the City Clerk's reading would constitute the second reading thereof. Ayes: Chang,
Mahoney, Santoro, Sinks, and Wong. Noe;3: None. Abstain: None. Absent: None.
Chang moved and Santoro seconded to enact Ordinance No. 14-2121. Ayes: Chang,
Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None.
City Council Minutes September 2, 2014
PUBLIC HEARINGS
10. Subject: Regional Renewable Energy Procurement. Project for the installation of solar
power generation facilities at the Service Center
Recommended Action: Approve the following recommendations relating to the
Regional Renewable Energy Procurement Project for the installation of solar power
generation facilities at the Service Center:
A. Accept report on bid process with bid result;
B. Authorize the City Manager to negotiate and execute an Energy Services Contract
and related agreements, including bond forms, with Cupertino Electric,
Incorporated, for an amount not to exceed Four Hundred Twenty-Six Thousand,
Two Hundred Seven Dollars ($426,207.00) for the complete design, construction,
and installation of one of the Regional Renewable Energy Procurement (R-REP)
projects, for solar photovoltaic systems to be located at the Cupertino Service
Center located at 10555 Mary Avenue;
C. Adopt Resolution No. 14-194 making findings necessary to authorize entering into
an Energy Services Contract, including a finding that the total cost for the Service
Center Solar Project will be less than the anticipated cost of electricity that would
have been consumed at the Service Center and Don Burnett Bridge in the absence
of this system and that the terms of the award are in the best interest of the City of
Cupertino;
D. Authorize a design/construction contingency allowance of $64,000, approximately
15 percent of the value of the Energy Service Contract, to address unforeseen
conditions and for adjustments due to operational needs during construction, and
authorize the Public Works Director to issue changes orders as necessary against
the allowance;
E. Authorize City Manager to negotiate and execute other agreements related to the
Energy Services Contract, including an Operation and Maintenance Agreement
Director of Public Works Timm Borden reviewed the staff-report.
Sinks moved and Mahoney seconded and the motion carried unanimously to:
A. Accept report on bid process with bid result;
B. Authorize the City Manager to negotiate and execute an Energy Services Contract
and related agreements, including bond forms, with Cupertino Electric,
Incorporated, for an amount not to exceed Four Hundred Twenty-Six Thousand,
Two Hundred Seven Dollars ($426,207.00) for the complete design, construction,
and installation of one of the Regional Renewable Energy Procurement (R-REP)
City Council Minutes September'2, 2014
projects, for solar photovoltaic systems to be located at the Cupertino Service
Center located at 10555 Mary Avenue;
C. Adopt Resolution No. 14-194 making findings necessary to authorize entering into
an Energy Services Contract, including a finding that the total cost for the Service
Center Solar Project will be less than the anticipated cost of electricity that would
have been consumed at the ServiCE' Center and Don Burnett Bridge in the absence
of this system and that the terms oi- the award are in the best interest of the City of
Cupertino;
D. Authorize a design/construction contingency allowance of $64,000, approximately
15 percent of the value of the Energy Service Contract, to address unforeseen
conditions and for adjustments due to operational needs during construction, and
authorize the Public Works Director to issue changes orders as necessary against
the allowance;
E. Authorize City Manager to negotiate and execute other agreements related to the
Energy Services Contract, including; an Operation and Maintenance Agreement
ORDINANCES AND ACTION ITEMS
11. Subject: First Amendment of an Agreement between the City of. Cupertino (City) and
Recology Cupertino (Recology) for the Solid Waste Services Franchise Agreement.
Recommended Action: Approve the First Amendment to the Solid Waste Services
Franchise Agreement requiring additional collection services and expansion of organic
processing services with Recology. The amendment would be effective November 1, 2014
through January 31, 2019 and includes an option to negotiate a new ten-year agreement
with Recology that could begin as early as January 31, 2017, contingent upon Recology
meeting First Amendment requirements
Written communications for this item included a staff PowerPoint presentation.
Assistant Director of Public Works Roger Lee reviewed the staff report via a PowerPoint
presentation.
Jennifer Griffin asked about the plan for food scraps, where they would be placed and
information on how to clean out the bin.
Kevin McClelland from the Cupertino C:h.amber of Commerce urged Council to extend
the contract for Recology as per the staff teport.
Mr. Lee responded to Ms. Griffin's questions noting the following: food scraps would go
into the yard waste container and kitchen bins would be provided by Recology; food
scraps could be wrapped in newspaper to reduce excess moisture; the City currently
City Council Minutes September 2, 2014
offers a service to clean the larger bins and would look into.cleaning the food scrap bins as
well; an educational sticker would be placed on all yard waste containers.
John Zirelli,- General Manager of Recology explained that contamination would not a
problem and Recology would produce a short, educational video.
Santoro moved and Chang seconded to approve the First Amendment to the Solid Waste
Services Franchise Agreement requiring additional collection services and expansion of
organic processing services with Recology. The amendment would be effective November
1, 2014 through January 31, 2019 and includes an option to negotiate a new ten-year
agreement with Recology that could begin as early as January 31, 2017, contingent upon
Recology meeting First Amendment requirements. The motion carried unanimously.
12. Subject: Approval of an Ordinance Amending Chapter 9.17.13.0 of Chapter 9.17 of Title 9
of the Cupertino Municipal Code, Regulation of Single-Use Carryout Bags.
Recommended Action: Conduct the first reading of Ordinance No. 14-2122: "An
Ordinance of The City Council of The City of Cupertino Amending Section 9.17.130 of
Chapter 9.17 of Title 9 of The Cupertino Municipal Code relating to the regulation of
single-use carryout bags."
Director of Public Works Timm Borden reviewed the staff.report.
Jennifer Griffin said that her shopping habits have changed since the bag ordinance was
enacted by buying more pre-packaged foods which also avoids organic waste. She noted .
that she shops in cities that still offer plastic bags and urged Council to keep the price at
0.10 per bag.
Chang moved and Mahoney seconded to read Ordinance No. 14-2122 by title only .and
that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang,
Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None.
REPORTS BY COUNCIL AND STAFF
13. Subject: Public Works Construction Project Update
Recommended Action: Receive Construction Project Update
Written communications for this item included a staff PowerPoint presentation.
Director of. Public Works Timm Borden reviewed the construction project update via a
PowerPoint presentation. Council received the update.
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City Council Minutes September 2, 2014
City Manager David Brandt noted that the_ Annual Report had been published and is on
the website, and that the Budget at a Glance document would be on website soon.
Council members highlighted the activities of their committees and various community
events.
ADJOURNMENT
At 8:12 p.m., Mayor Wong adjourned the meeting to Tuesday, September 9 at 5:05 p.m. for
closed session items regarding the City Attorney and City Manager evaluations, City Hall
Conference Room A, 10300 Torre Avenue, Cupertino.
The September 16 meeting was cancelled and the next regular meeting is Tuesday, October-7.
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Grace Schmidt, City Clerk
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.cl-ipertino.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.
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