CC Resolution No. 9567 ~ ~ r, ~ . ~ _ ~
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I2fSSOLUTION NO. 9567
A RESOLUTION OF THE CI'fY COUNCIL Or THE C1TY OF CUPERTINO
AUTHORIZING PARTICIPATION IN THG ASSOCIATION OF BAY AREA
GOVGRNMI:NTS' POWCR PURCI-IASING POOL
WHEREAS, the City of Cupcrtino (City) is cumenUy purchasing natural gas and related
trunspoctation and disltibution scrviccs Crom Pucific Gas and Gcctric Compnny (PG&G) undcr
the jurisdiction of the Califomia Public Utilities Commission (CPUC); And
WHEREAS, dercgulation of thc natural gas industry in 1986 and CPUC Dccisions Nos.
91-02-040, 94-04-027 and 95-07-048, cnd regulation promulgatcd it~ereundcr, permit Utility
customers, including local govemmcnts, to purchase natural gas and specified rclated support
services from third parties through a"core transport agent;" and
WHEREAS, bulk purchasing of natural gas has proven itself to be a~ Icgal and cost-
effective mcans to achieve rcductions in energy costs; and
WHEREAS, the Ciry is a member/cooperating membcr of the Association oE Bay Area
Govemments (ABAG); and
a
WHEREAS, ABAG proposcs to (1) Corm u Powcr Purohasing Pool Pro~cam to aggccgatc
nuwral gas nceds of interested ABAG members and caoperating membcrs und (2) act as a core
transport agcnt on behalf of such members and (3) deliver or causc to be dciivcred natural gas
and related services (including invoicing and gas munagemcnt) lo such mcmbers and (4) fortn a
Powcr Purchasing Pool Committee comprised of representatiwes from each participating
mcmber or cooperating member and grant it the power to ovcrsce thc Progrs~m; and
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WEIGI2GAS, AL3AG may issuc short-tcmi dcbt in ordcr to financc sccurity dcposit
rcquircmcnts andlor cash flow dcficits incurred by ABAG in opcrating thc I'owcr Purchasing
Pool Program which dcbt may bc sccured by thc assignmcnt, cncumbrancc or hypothccation of
the Nawral Gas Sales and A68regation Agreemcnt betwcen AE3AG and the City.
NOW, THGRCFORG, 13G IT IiCSOLVCD, lhat thc City Council hcrcby auihorizcs thc
participation of Uic City of Cupcrtino in the AtiAG Powcr Purchasing I'ool to undcrtake a bulk
purchasing program for natural gas on behalf of the City and other ABAG members or
cooperating members.
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I3E IT FURTHER RFSOLVED, that the City Manager, or his/her designee, is authoriud
to entcr into and delivcr (1) thc Natural Gas Sales nnd Aggregation Agrcement with ABAG, in
substuntially the form sct forth in thc attachcd Exhibit A appointing A[3AG as thc coro transport
asent 1'or the City in procuring the purchasc and lransportation of natural gas and related
services and (2) thc Utility's Customcr Authorization for Core Gas Transportation Services.
13E IT FURTHGR RESOLVGD, that thc City of Cupertino consents to the assignmcnt,
cncumbrancc or hypothccation of thc Natur.?1 Gas Salcs and A~regation Agrcement wilh
ABAG for thc solc purposc of sccuring short-tcrm financing of the sccurity deposit rcquircment
and/or cash flow deficits incurred by ABAG in implemcnting the Powcr Purchasing Pool
Program.
FINALLY, BE 1T AI.SO RESOLVED, that the City Mana~er is appointed the Public
Agency's representative on ABAG's Power Purchasins Pool Committee to ovcrsee the
operation of Power Purchasing Pool Program.
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1'ASSGD ANll ADOPTED at a rogular mceting oC thc Ciry Council of thc Ciry of
Cupcrtino this 20th day of ~cbruary, 1996, by the foUowing votc:
Y41~ Mcmbcrs of thc Ci(y 'o ~n il
~'i AYES: Bau[1eta. Chang, Dean, Sorensen, Burnett
NOES: Nooe
A[3SENT: None
ABSTAIN: None
ATTGST: APPROVGD:
p~'t' ~ ~.LUtraL~'i ~ ~ ~
City Clcrk ~ Mayor, City of Cupcrtino
Fcbruary 20, 1996 ~ Cupertino City Council • Page 2
8. Resolution No. 9564: Accepting quitclaim deed and Authorization for
undcrground water rights; Rosa Zaidelson; 10140 Santa Clara Avenue; APN 326-
24-016.
9. Resolution No. 4565: Approving contract change order No. 2 for Bluckberry Farm
Picnic Grounds Swimming Pool, Project 95-101.
10. Resotution No. 9566: Approvin~ contrnct chunge order No. 25 for Cupertino
Nine School Site Improvements, Project 93-9106.
I1. Resolution No. 9567: Rescinding Resolution No. 9476 und uuthorizing
participation in the Association of Bay Area Government's power purchasing
pooL
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ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARINGS
12. Public hearing to consider adoption of u resolution approving the County of Santn
Clara Integmted Waste Munpgement Plan Summsuy Plan und Siting Element.
(u) Resolution No. 9568: Approving plan and siting element.
13. Application No. 10-Z-95 - City of Cupertino - Request for rezoning/prezoning of
250+ acres locuted in the hillside areas north and east of Regnart Canyon
generally bounded by Upland Way, Lindy Lane, Linda Visa Park, Miramonte
Street, and Stevens Creek to the urban service urea boundury line, from R1-10
(Residentiul, single-family, 10,000 sq. ft. minimum lot size) zone; Rl-00 (Non-
• Residentiul, single-family, 40,000 sq. ft. minimum lot size) wne; Ri-60
(Residential, single-family, 60,000 sq. ft. minimum lot size) zone; Rl•80
(Residentiul single-fumily, 80,000 sq. ft. minimum lot size) zone; R1-100
(Residential, single-fsunily 100,000 sq. ft. minimum lot size) zone: A1-03
(Agricultural-Residential, 43,000 sq. ft. minimum lot size) zone; RHS
(Residential hiUside) zone; pre-RHS (pre-Residentiai hiliside) wne; and pre-A
(Pre Agricultural) zone to RHS (Residentiul Hillside) zoning district.
Environmentul Determinution: The Planning Commission recommends the
granting of a negative declarntion. Recommended for approval.
(n) First reading of Ordinance No. 1~16: "An Ordinance of the City Council
of the City Of Cupertino Amending Section 1 of Ordinance No. 2 By
Rezoning and Prezoning Approximately 250 Acres of Lund From RI-10,
R1-40, R1-60, R1-80, R1-100, A1-43, A1-100, RHS, Pre-RHS and Pre-A
To RHS-ResidentiAl Hillside Zoning District; Located North and F.ast of
Regn~rt Canyon and Gencrally Bounded IIy Upland Wny, Lindy Lane,
Linda Vista Park, Stevens Creek to the Urban Service Area Boundury
(Application No. 10-Z-95 - City Of Cupertino)."