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16-177 Subordination Agreement with River City Bank and Joint Powers Authority members of the Silicon Valley Clean Energy Authority (SVCEA)~ RIVE1•CllyBank- Mr. Tom Habashi, CEO Silicon Valley Clean Energy Authority 333 W. El Camino Real, Suite 290 Sunnyvale, CA 94087 December 11, 2016 Re: Closing Letter and Instructions -Subordinated Creditors Please deliver these Instructions to: A. City of Campbell B. City of Cupertino C. City of Los Altos D. Town of Los Altos Hills E. Town of Los Gatos F. City of Monte Sereno G . City of Morgan Hill H. City of Saratoga (The following municipalities have received a separate package) I. County of Santa Clara ** 2. City of Sunnyvale** 3 . City of Gilroy** 4. City of Mountain View** Enclosed herewith, please find the following Documents: I) Subordination Agreement 2) A copy of the execution form of Credit Agreement and Exhibits INSTRUCTIONS: I) Review: a. Please review each Document closely with your counsel 2) Execute: a. Subordination Agreement 3) Obtain and Include with the Documents: a . Reso lutions authorizing the execution of the Documents 4) Deliver: a. Mail the originally executed Documents and authorizations via overnight delivery as follows: Alice Harri s -Loan Center Manager RIVER CITY BANK 2485 Natomas Park Drive Sacramento, CA 95833 CUPERT I NO APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, December 6, 2016 SPECIAL CITY COUNCIL MEETING ROLL CALL At 5:30 p.m. Mayor Barry Chang called the City Council meeting to order in Cupertino City Hall Conference Room A, 10300 Torre Avenue. Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Rod Sinks and Gilbert Wong. Absent: Council member Darcy Paul. CLOSED SESSION 1. Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case : City of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of Transportation, et al. Mayor Chang announced that Council gave direction to staff. STUDY SESSION At 6:20 p.m. Mayor Chang re-convened the Special City Council meeting in Cupertino Community Hall Council Chambers, 10350 Torre A venue and led th e Pledge of Allegiance. Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Rod Sinks, Darcy Paul (6:45 p .m .) and Gilbert Wong. Absent: None. 2. Subject: Aircraft Noise Study Session Recommended Action: Conduct s tudy session and provide direction to sta ff Wr itten communications fo r this item include d an email and attachment. C ity Manager Da v id Brandt r eviewed the s ta ff report. City Council The following individuals spoke: Minna Xu Larry Russell Minutes Ruhna Yonj, Tony Guan, Jing Liu on behalf of Save my Sunny Sky Qin Pan Ben Yu Liang Chao Muni Madhdapatla Lisa Warren Saratoga City Council member Mary-Lynn Bernald December 6, 2016 Council gave direction to staff to identify a staff liaison and to write a letter to the Federal Aviation Administration. The Mayor will work with the City Manager and Council member Paul to represent Council in the letter. ADJOURNMENT At 7:54 p.m. Mayor Chang adjourned the Special City Council meeting. REGULAR CITY COUNCIL MEETING At 7:55 p .m. Mayor Barry Chang convened the Regular City Council meeting in Cupertino Community Hall Council Chambers, 10350 Torre A venue. ROLL CALL Present: Mayor Barry Chang, Vice Mayor Savi.ta Vaidhyanathan, and Councilmembers Darcy Paul, Rod Sinks and Gilbert Wong. Absent: None. Mayor Chang reordered the agenda to take up item number 2 under Ceremonial Matters and Presentations first. CEREMONIAL MATTERS AND PRESENTATIONS 2. Subject: Presentation of Teen Commission FY 16-17 Work Plan Recommended Action: Receive presentation of Teen Commission FY 16-17 Work Plan 2 City Council Minutes December 6, 2016 Written communications for this item included a PowerPoint presentation. Teen Commissioners Meesha Reiisieh, Ankita Sahni and Anooj Vadodkar presented the Teen Commission FY 16-17 Work Plan via a PowerPoint presentation. Council received the presentation. The meeting continued with item number one under Study Session. STUDY SESSION 1. Subject: Study Session on Wireless Facilities within the Public Right of Way Recommended Action: Recommend that the City Council conduct a study session and provide direction on the proposed use of public street light poles to mount small cellular facilities Written communications for this item included a PowerPoint presentation. Director of Public Works Timm Borden introduced the item and David Witkowski, Executive Director of Joint Venture Silicon Valley. He began the presentation with a Power Point. Senior Civil Engineer Chad Mosely continued the PowerPoint presentation. Scott Harry and Greg Guerazzi from Crown Castle and staff answered questions from Council. POSTPONEMENTS -None ORAL COMMUNICATIONS Ed Hirshfield talked about the Hills at Vallco project and Measure C. Sujatha Venkatraman on behalf of West Valley Community Services (WVCS) talked about Vallco Farmer's Market closing and the impact that would have to WVCS. CONSENT CALENDAR Sinks moved and Vaidhyanathan seconded to approve the items on the Consent Calendar as presented with the exception of item number 6 which was pulled for discussion. A yes: Chang, 3 City Council Minutes December 6, 2016 Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. Recuse: Sinks recused on item number 9. 3. Subject: Approve the November 15 City Council minutes Recommended Action: Approve the November 15 City Council minutes 4. Subject: Accept Accounts Payable for the period ending October 7, 2016 Recommended Action: Adopt Resolution No. 16-129 accepting Accounts Payable for the period ending October 7, 2016 5. Subject: Accept Accounts Payable for the period ending October 14, 2016 Recommended Action: Adopt Resolution No. 16-130 accepting Accounts Payable for the period ending October 14, 2016 6. Subject: Accept resignation of Teen Commissioner Rishit Gundu and direct staff to fill the unscheduled vacancy with the annual Teen Commission recruitment in May 2017 Recommended Action: Accept resignation of Teen Commissioner Rishit Gundu and direct staff to fill the unscheduled vacancy with the annual Teen Commission recruitment in May 2017 Wong moved and Chang seconded to continue the item to December 20. The motion carried unanimously. 7. Subject: Establishment of Friendship City Relationships Recommended Action: Review and consider 11 applications establishing Friendship City relationships with Luoyang, People's Republic of China; Qingdao, People's Republic of China; Shanghai, People's Republic of China; Shenzhen, People's Republic of China; Suzhou, People's Republic of China; Wuhan, People's Republic of China; Yilan, Taiwan, Republic of China; and Zhaoqing, People's Republic of China; and Guro, Seoul, South Korea 8. Subject: Enter into a subordination agreement with River City Bank and Joint Powers Authority members of the Silicon Valley Clean Energy Authority Recommended Action: Authorize the City Manager to sign the subordination agreement with River City Bank and Joint Powers Authority members of the Silicon Valley Clean Energy Authority 4 City Council Minutes December 6, 2016 9. Subject: Budget adjustment regarding the Apple Campus 2 contracts Recommended Action: Approve the budget allocations necessary to execute the approved contracts in order to complete work at Apple Campus 2 through the end of Fiscal Year 2017 10. Subject: Application for Alcohol Beverage License for Amami Shima Sushi Corp, 19068 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Amami Shima Sushi Corp, 19068 Stevens Creek Boulevard SECOND READING OF ORDINANCES 11. Subject: Second reading of an ordinance amending Chapter 19.08, Definitions, of the Municipal Code to add definitions of "financial institutions" and "banks" that expressly exclude payday lending and check cashing businesses with the intent to disallow such uses from operating within the City of Cupertino. (Application No(s): MCA-2016-04; Applicant(s): City of Cupertino; Location: City-wide) Recommended Action: Conduct the second reading and enact Ordinance No. 16-2157, "An Ordinance of the City Council of the City of Cupertino Amending the Cupertino Municipal Code, Title 19, Zoning, Section 19.08.030, entitled "Definitions" to add the definition of "financial institutions" and "banks" to expressly exclude payday lending and check cashing businesses with the intent to disallow such uses from operating within the City of Cupertino" City Clerk Grace Schmidt read the title of the ordinance. Wong moved. and Chang seconded to read Ordinance No. 16-2157 by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. Wong moved and Chang seconded to enact Ordinance No. 16-2157. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. Council recessed from 9:03 p.m. to 9:11 p .m. 12 . Subject: Second reading of an ordinance amending the Cupertino Municipal Code regarding the regulation, location, and the k ee ping o f bees in the City and to make 5 City Council Minutes December 6, 2016 13. other conforming changes for clarification and internal consistency. Application No(s): MCA-2016-03; Applicant(s): City of Cupertino; Location: Citywide Recommended Action: Conduct the second reading and enact Ordinance No. 16-2158: "An ordinance of the City Council of the City of Cupertino to amend Chapter 8.07, Beekeeping, and Table 19.20.020 of Chapter 19.20, Permitted, Conditional, and Excluded Uses in Agricultural and Residential Zones, regarding the regulation, location, and the keeping of bees in the City and to make other conforming changes to Table 19 .20.020 for clarification and internal consistency" City Clerk Grace Schmidt read the title of the ordinance. Paul moved and Wong seconded to read Ordinance No. 16-2158 by title only and that the City Clerk's reading would constih1te the second reading thereof. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wori.g. Noes: None. Abstain: None. Absent: None. Paul moved and Sinks seconded to enact Ordinance No. 16-2158. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. Subject: Second Reading of an ordinance amending the Cupertino Municipal Code related to accessory dwelling units to conform with State Law and for internal consistency. (Application No. MCA-2016-05; Applicant: City of Cupertino; Location: City-wide) Recommended Action: Conduct the second reading and enact Ordinance No. 16-2159 "An ordinance of the City Council of the City of Cupertino amending Title 19, Zoning, of the Cupertino Municipal Code including but not limited to Chapter 19.08 (Definitions), Chapter 19.20 (Permitted, Conditional and Excluded Uses in Agriculhlfal and Residential Zones), Chapter 19.24 (Agricultural (A) and Agricultural -Residential (A-1) Zones), Chapter 19.32 (Residential Duplex (R-2) Zones), Chapter 19.52 (Reasonable Accommodation), and Chapter 19.112 (Second Dwelling Units in R-1 , RHS, A and A-1 Zones), in response to recently adopted State legislation regarding accessory dwelling units for compliance with State Law, and for internal consistency" City Clerk Grace Schmidt read the title of the ordinance. Jennifer Griffin spoke on this item. Wong moved and Vaidhyanathan second ed to read Ordinance No . 16-2159 b y title only and that the City Clerk's reading would constitute the second reading thereof. 6 City Council Minutes December 6, 2016 Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None . Absent: None. Wong moved and Vaidhyanathan seconded to enact Ordinance No. 16-2159. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None. PUBLIC HEARINGS 14. Subject: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate (BMR) Unit (Continued from November 1) Recommended Action: Approve Resolution No. 16-101 regarding the appeal of Ms. Kimberly Sandstrom and affirming the recommendation of the Housing Commission regarding the eligibility of Ms. Sandstrom to purchase a BMR unit City Manager David Brandt noted that this item was continued, the public hearing has been closed and staff has no further information. Assistant City Manager Aarti Shrivastava introduced Kerri Hensler, the new Senior Planner for housing. Council recessed to a closed session on this item from 9:27 p.m. to 9:33 p.m. Sinks moved and Chang seconded to adopt Resolution No. 16-101 regarding the appeal of Ms. Kimberly Sandstrom and affirming the recommendation of the Housing Commission regarding the eligibility of Ms. Sandstrom to purchase a BMR unit. The motion carried unanimously. 15. Subject: Fiscal Year 2016-2017 Fee Schedule Amendment Recommended Action: Adopt Resolution No. 16-131 approving an amended Fiscal Year 2016-2017 Fee Schedule, effective February 6, 2017 Deputy City Manager Jaqui Guzman reviewed the staff report. Mayor Chang opened the public hearing and the following individuals spoke: Harry Greenwood on b ehalf of the De Anza Optimist Club. Mayor Chang closed the public hearing. 7 City Council Minutes December 6, 2016 Wong moved and Paul seconded to adopt Resolution No. 16-131 approving an amended Fiscal Year 2016-2017 Fee Schedule, effective February 6, 2017. The motion carried with Chang and Sinks voting no. ORDINANCES AND ACTION ITEMS 16. Subject: Consider upgrading the City's municipal electric accounts to 100% renewable and carbon free GreenPrime service with Silicon Valley Clean Energy upon service launch, which is scheduled to occur in April 2017 Recommended Action: Direct Silicon Valley Clean Energy (SVCE) to upgrade the City's electricity accounts to GreenPrime service, upon service launch in April 2017 Sustainability Manager Misty Mersich reviewed the staff report. Wong moved and Paul seconded to direct Silicon Valley Clean Energy (SVCE) to upgrade the City's electricity accounts to GreenPrime service, upon service launch in April 2017. The motion carried unanimously. 17. Subject: Request from the Taipei Friendship City Committee for City to Sponsor a Smart City Conference in May of 2017 (continued from October 18) Recommended Action: Sponsor the proposed Smart City Conference Paul Chu and Kittur Nagesh from Taipei Friendship City Committee reviewed a PowerPoint presentation to answer questions Council had at the October 18 meeting. Wong moved and Paul seconded to approve the request from the Taipei Friendship City Committee for the City to sponsor a Smart City Conference in 2017 with no financial support from the City of Cupertino with the exception of social media, logo and nominal staff. The committee would be required to come back to Council for any additional support. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF 18. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments Council members highlighted the activities of their committees and various community events. 8 City Council Minutes December 6, 2016 ADJOURNMENT At 10:45 p.m., Mayor Chang adjourned the meeting. Grace Schmidt, City Clerk 9