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00. AgendaCUPERTINO AGENDA CUPERTINO CITY COUNC[L ~ SPECIAL MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Commwnity Hall Council Chamber Monday, November 30, 2009 5:00 p.m. CITY COUNCIL MEETING CLOSED SESSION - 5:00 p.m. Community Hall 1. Initiation of liti ag tion pursuant to subdivision (c) of Section 54956.9: four potential cases. (No documentation in packet). 2. Conference with labor negotiators (Goverrunent Code 54957.6). City representative: City Manager, City Attorney Group. (No documentation in packet). PLEDGE OF ALLEGIANCE - 6:45 p.m. ROLL CALL CEREMONIAL MATTERS -PRESENTATIONS 3. Proclamation acknowledging design and c~~nstruction awards to the City of Cupertino for the Marv Avenue Pedestrian Bridge. (No documentation in packet). POSTPONEMENTS • Staff requests that Item No. 30 be continued to December 15 or until supporting documents have been received from the CaliforniaFIRST program managers. WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. November 30, 2009 Cupertino Cit}~ Council Page 2 Cupertino Redevel~~pment Agency CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Con,~ent Calendar be acted on simultaneously. 4. Approve the minutes from the October 20 (~ity Council meeting. 5. Adopt resolutions accepting Accounts Payable for October 16, 23, 30, November 6 and 13, Resolution Nos. 09-172 through 09-17fi. 6. Adopt resolutions accepting P~ oll for Gctober 16, 30, and November 13, Resolution Nos. 09-177 through 09-179. 7. Accept the Treasurer's Investment report for September 2009. 8. Accept applications for an Alcoholic Beverage License: A. Pebbles Deli Cafe, 10235 S. De ~'~nza Blvd. - On Sale Beer & Wine -Eating Place (41) B. Gokaku, 10789 S. Blaney Ave. - On Sale Beer & Wine -Eating Place (41) C. 7 Eleven, 21490 McClellan Road -Off Sale Beer & Wine (20) D. Bonjour Crepe Company, 19929 Stevens Creek Blvd. - On Sale Beer & Wine - Eating Place (41) 9. Accept the Bicycle Pedestrian Commission (BPC) recommendation to appoint Commissioner Geoffrey Paulsen to the Santa Clara Valley Transportation AuthoritX Bicycle Pedestrian Advisory Committee fo:r a 2-year term. 10. Adopt a resolution accepting a Quitclaim L-eed and Authorization for Underground Water Rights, Karen H. Tseng and Joseph R. Matz, 20655 Nancy Court, APN 359-15-027, Resolution No. 09-180. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 11. Adopt a resolution accepting a Quitclaim L-eed and Authorization for Underground Water Rights, Joshua Richardson and Shabnam Richardson, 10650 Santa Lucia Road, APN 342-16-035, Resolution No. 09-181. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. November 30, 2009 Cupertino Cit}~ Council Page 3 Cupertino Redevel~~pment Agency 12. Adopt a resolution approving an Impre~vement Agreement, Joshua Richardson and Shabnam Richardson, 10650 Santa Lucia Road, APN 342-16-035, Resolution No. 09- 182. Through an improvement agreement with the City, the applicants for a building permit for an addition to asingle-family residential development will be obligated to bond and construct city-specified roadside improvements along the street frontage of their building site. 13. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Joshua Richardson and Shabnam Richardson, _10650 Santa Lucia Road, APN 342-16-035, Resolution No. 09-183. The property owners of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 14. Adopt a resolution accepting a Quitclaim I>eed and Authorization for Underground Water Rights, Marie L. Medeiros, 10610 Johansen Drive, APN 357-36-012, Resolution No. 09- 184. The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property. 15. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Jok Tong Yiu, 10613 Baxter Avenue, APN 326-11-014, Resolution No. 09-185. The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property. 16. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, 10212 North De Anza, LLC, 1021:? North De Anza Boulevard, APN 316-26-088, Resolution No. 09-186. The property owner of this commercial development agrees to grant to the City the right to extract water from the basin under the o~~erlying property. 17. Adopt a resolution accepting a Grant of Iasement for Sidewalk Purposes, 10212 North De Anza, LLC, 10212 North De Anza Boulevard, APN 316-26-088, Resolution No. 09- 187. The property owner of this commercial development agrees to grant to the City an easement for sidewalk purposes, together with the right to use for sidewalk and public access purposes and construct, operate:, repair and maintain public utilities and improvements, over a portion of the prope~~ty. November 30, 2009 Cupertino Cite Council Page 4 Cupertino Redevel~~pment Agency 18. Adopt a resolution accepting a Quitclaim L)eed and Authorization for Underground Water Rights, Chie Jin Cheng, 10867 East Estates Drive, APN 369-22-022, Resolution No. 09- 188. The property owner of this residential devf:lopment agrees to grant to the City the right to extract water from the basin under the overlying property. 19. Adopt a resolution accepting a Quitclaim L)eed and Authorization for Underground Water Rights, Gregory S. Young and Anjali S. Tate, 22050 Regnart Road, APN 366-02-048, Resolution No. 09-189. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 20. Adopt a resolution accepting a 4uitclaim Deed and Authorization for Underground Water Rights, Sheshaprasad Krishnapura and Malini Minasandram, 21947 Lindy Lane, APN 356-25-029, Resolution No. 09-190. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 21. Adopt a resolution accepting a Quitclaim L)eed and Authorization for Underground Water Rights, Ravi Satrawada and Porkodi Ekambaram, 10561 Castine Avenue, APN 326-44- 034, Resolution No. 09-191. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 22. Adopt a resolution approving an Improvernent Agreement, Kong-Yeu Han and Sue-Jane Han, 21881 Dolores Avenue, Parcel 1, Resolution No. 09-192. Through an improvement agreement with the City, the applicants for a building permit for asingle-family residential development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site. 23. Adopt a resolution accepting a Ouitclaim L)eed and Authorization for Underground Water Rights, John Zhe Qu and Hong Xiao, 7948 Woodlark Way, APN 362-04-043, Resolution No. 09-193. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. November 30, 2009 Cupertino Cit3~ Council Page 5 Cupertino Redevel~apment Agency 24. Award a construction contract for Sterling Barnhart Park, Project No. 2008-9126, to Elite Landscaping Inc, of Clovis California, in the amount of $364,345 and approve a construction contingency of $55,000 to cover any unforeseen work required to complete the project, for a total of $419,345. 25. Authorize the City Manager to enter into a contract with Coulomb Technologies to manage aplug-in electric vehicle charging station in the City Hall parking lot. Approve a budget transfer of $10,000 from the Sterli.ng/Barnhart Park capital project account 420- 9126-9300 to City Hall Facilities Maintenance account 110-8501-9100. 26. Approve a fee waiver request from the Cupertino Area Chinese Language Education Committee of approximately $90.00 in facility use fees for the use of the Cupertino Room for the Cupertino City Council Candidate; Forum on October 22, 2009, from 6:00 p.m. until 9:00 p.m. ITEMS REMOVED FROM THE CONSENT ("ALENDAR (above) PUBLIC HEARINGS 27. Consider approving a 5-Year Solid Waste Services Franchise Agreement with Los Altos Garbage. Company (LAGCo dba Recology, A Norcal Company) for solid waste collection with additional collection services and expansion of recycling services, including curbside collection of household hazardous waste for a rate increase of 50 cents a month ($6.00 per year) for the City of Cupertino effective November 1, 2010 and upon mutual agreement after November 1, 2014 an option for an additional five years beginning November 1, 2015 and authorize the City Manager to negotiate and bring a final agreement with LAGCo back to City Council for approval by spring of 2010. 28. Consider rezoning a property from Single Family Residential (R1-7.5) to Park & Recreation (PR) for a proposed neighborhood park, Application No. Z-2009-03 (EA- 2009-08), City of Cupertino, East side ~~f Sterling Blvd. at the easterly terminus of Barnhart Avenue, APNs 375-23-046 and 3 75-23-047: A. Approve a Negative Declaration B. First reading of Ordinance No. 09-2051: "An Ordinance of the Cupertino City Council rezoning two parcels of 0.6 gross acre located at the Easterly side of Sterling Blvd. at the Easterly terminus of Barnhart Avenue from R1-7.5 (Single- Family Residential) to PR (Park & .Recreation)" November 30, 2009 Cupertino Cit}~ Council Page 6 Cupertino Redevel~~pment Agency 29. Consider rezoning approximately 7.78 acres from Planned Development Residential - P(Res), to Planned Development Industrial and Residential -PIMP, Res), Application No. Z-2009-01 (EA-2009-01), James Fowler on behalf of Apple, Inc., 19310-19320 Pruneridge Avenue, APNs 316-06-050 and 316-06-051: A. Approve a Mitigated Negative Declaration B. First reading of Ordinance No. OS--2052: "An Ordinance of the Cupertino City Council recommending the rezoning of 7.78 acres from P(Res), Planned Residential, to PIMP, Res), Planned Industrial and Residential" 30. Adopt a resolution authorizing the Cit}~ of Cupertino to join the CaliforniaFIRST program, financing of clean energy, authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the territory of the City of Cupertino. (Staff requests this item be continued to December 15 or until supporting documents have been received from the CaliforniaFIRST program managers). UNFINISHED BUSINESS NEW BUSINESS 31. Accept the City of Cupertino Detailed Energy Audit from Siemens and consider authorizing the City Manager to solicit requests for proposals for an energy savings performance contract. 32. Consider forming a task force to study safi~ routes to Monta Vista High School, Kennedy Middle School, and Lincoln Elementary School, including access via Scenic Circle. 33. Consider adopting a resolution establishing a separate City Attorney bar aining group including all attorney positions in the City .Attorney's Office, Resolution No. 09-194. ORDINANCES 34. Conduct the second reading of Ordinance No. 09-2050: "An ordinance of the Cupertino City Council amending Title 17, Sign Ordinance, of the Cupertino Municipal Code." STAFF REPORTS COUNCIL REPORTS ADJOURNMENT November 30, 2009 Cupertino Cite Council Page 7 Cupertino Redevel~~pment Agency REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The Ciry of Cupertino has adopted the provision:- of Code of Civil Procedure X1094.6; litigation challenging a final decision of the City CounciURedevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision with respect to quasi judicial actions, mu:~t first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code X2.08.096. In compliance with the Americans with Disabilit%es Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with: qualified disabilities. If you require special assistance, please contact the city clerk's office at .408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority ~~f the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site.