Loading...
00. AgendaCUPERTINO AGENDA CUPERTINO CITY COUNCIL, — REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY — REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, April 6, 2010 6:00 p.m. CITY COUNCIL MEETING ROLL CALL CLOSED SESSION — 6:00 p.m. 1. Conference with labor negotiator (Government Code 54957): a. Agency negotiator: David Knapp b. Employee organization: Operating Engineers Local Union No.3 (0E3), Cupertino Employee's Association (CEA), Unrepresented, and City Attorney Group PLEDGE OF ALLEGIANCE — 6:45 p.m. ROLL CALL CEREMONIAL MATTERS — PRESENTATIONS 2. Proclamation recognizing Pat and Barbara Rogers for their 16 years of service to the Library, the Cupertino Library Foundation Board, and to the community. (No documentation in packet). 3. Proclamation recognizing Cristin Vaugh l for her willingness to come to the aid of another and her readiness to respond by being trained in CPR. (No documentation in packet). 4. Presentation of Presidential Service Awards for volunteers. (No documentation in packet). 5. Presentation of the American Council of Engineering Companies of New York Gold Award for Engineering Excellence to the City of Cupertino for the Mary Avenue Bicycle Footbridge Project — New York City — March 27, 2010. (No documentation in packet). April 6, 2010 Cupertino City Council Page 2 Cupertino Redevelopment Agency POSTPONEMENTS 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. 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 Consent Calendar be acted on simultaneously. 6. Approve the minutes from the March 16 City Council meeting. 7. Adopt resolutions accepting Accounts Paya ble for March 19 and 26, Resolution Nos. 10- 057 and 10 -058. 8. Adopt a resolution accepting Payroll for March 19, Resolution No. 10 -059. 9. Adopt a resolution accepting a Quitclaim D eed and Authorization for Underground Water Rights, Hong Zhang and Shuxiong Shi, 1138 Derbyshire Drive APN 362 -21 -029, Resolution No. 10 -060. 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. 10. Adopt a resolution accepting a Quitclaim D eed and Authorization for Underground Water Rights, Robert P. Dust and Laura M. Dust, 7425 Rollingdell Drive APN 359 -32 -004, Resolution No. 10 -061. 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 D eed and Authorization for Underground Water Rights, Cheng Yu Lin and Stephanie Yu Ting Peng, 10640 Flora Vista Avenue APN 326 -08 -039, Resolution No. 10 -062. 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. April 6, 2010 Cupertino City Council Page 3 Cupertino Redevelopment Agency 12. Adopt a resolution accepting a Quitclaim D eed and Authorization for Underground Water Rights, Jeff Chen and Ying Long, 10391 Ann Arbor Avenue APN 326 -28 -028, Resolution No. 10 -063. 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. 13. Adopt a Resolution approving the City's plan to use California Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Proposition 1B) funds available in 2009 -10 for maintenance projects in the City's Pavement Management program, and authorizing the City Manager to apply for, appropriate, and expend those funds, and take related actions, Resolution No. 10 -064. 14. Adopt a resolution accepting a Quitclaim D eed and Authorization for Underground Water Rights, Wen -Tsing Chen and Sherry Chyn -Yun T. Chen, 21911 Dos Palos Court APN 326 -45 -017, Resolution No. 10 -065. 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. 15. Adopt a resolution approving an improvement agreement Richard G. Hernandez and Sara R. Hernandez, 10205 Imperial Avenue APN 357 -18 -007, Resolution No. 10 -066. Through the improvement agreement with the City, the applicant, for a building permit for an addition to a residence, will be obligated to bond and construct city - specified roadside improvements along the street frontage of their building site. 16. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Richard G. Hernandez and Sara R. Hernandez, 10205 Imperial Avenue APN 357 -18 -007 & 357 -18 -008, Resolution No. 10 -067. The property owners agree to grant to the City the right to extract water from the basin under the overlying property. 17. Accept municipal improvements Jie Mei, 1 0170 Peninsula Avenue APN 326 -22 -038. The applicant has completed City- specified improvements in the City right -of -way including sidewalk, curb & gutter, and driveway approach as required by the improvement agreement with the City. April 6, 2010 Cupertino City Council Page 4 Cupertino Redevelopment Agency 18. Adopt a resolution approving an improvement agreement Sang Oh Lee and Hye Young Lee, 22685 Stevens Creek Boulevard APN 342 -12 -024, Resolution No. 10 -068. Through the improvement agreement with the City, the applicant for a building permit for a single - family residential development will be obligated to bond and construct city - specified roadside improvements along the street frontage of their building site. 19. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Sang Oh Lee and Hye Young Lee, x '.2685 Stevens Creek Boulevard APN 342 -12- 024, Resolution No. 10 -069. 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 the 2010 -11 Council work program 21. Fulfill the City's obligation under the City Attorney's Employment Agreement by authorizing the Mayor to execute the "Agreement between the City of Cupertino and Carol Korade regarding Housing Assistance and when the housing assistance is provided, to complete and execute the Tenancy -in- Common Agreement 22. Approve an application for an Alcoholic Beverage License for Sabitini Oak Event Center 21275 Stevens Creek Blvd. On -Sale General for Bona Fide Public Eating Place (47). 23. Adopt a resolution endorsing Fremont High School District Measure B , Resolution No. 10 -070. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 24. Consider adopting a resolution approving a General Plan Amendment related to the 2007- 2014 Housing Element and the Heart of the City Specific Plan Resolution No. 10 -071: A. Application Nos. GPA- 2008 -01 (EA- 2009 -05), MCA - 2010 -02, Z- 2010 -02, City of Cupertino, Citywide ( Housing Element 1. Adopt a Negative Declaration (EA- 2009 -05) 2. Conduct a straw vote adopting an amendment to the 2007 -2014 General Plan related to the Housing Element (GPA- 2008 -01), Resolution No. 10- 071 3. Conduct the first reading of Ordinance No. 10 -2056: "An Ordinance of the Cupertino City Council amending the Cupertino Municipal Code to April 6, 2010 Cupertino City Council Page 5 Cupertino Redevelopment Agency comply with the Housing Element of the City of Cupertino General Plan." (MCA- 2010 -02) 4. Conduct the first reading of Ordinance No. 10 -2057: "An Ordinance of the City Council of the City of Cupertino approving the rezoning of (Z -2010- 02): • Approximately 59.13 acres. consisting of 27 parcels located in the North De Anza Boulevard Conceptual Plan Area generally located west of North De Anza Boulevard, north of Lazaneo Drive and south of the 280 Freeway from Planned Development (CG, ML, Res 4 -10) to Planned Development (CG, ML, Res) • Approximately 3.15 acres located in the North De Anza Boulevard Conceptual Plan Area west of Bandley Drive, from Planned Development (CG, ML, BQ, Res 4 -10) to Planned Development (CG, ML, BQ, Res) • Approximately 6.21 acres, consisting of 25 residential parcels located on Arcadia Court and along the north side near the terminus of Greenleaf Drive, from Planned Development (CG, ML, Res 4 -10) to R1 -7 B. Application No. GPA- 2010 -01, City of Cupertino, Citywide ( Heart of the City Specific Plan Conduct a straw vote adopting an amendment to the General Plan Land Use Map and associated maps and language in the Land Use /Community Design Element of the General Plan for consistency with the recently updated Heart of the City Specific Plan, Resolution No. 10 -071 C. Adopt Resolution No. 10 -071 approving a General Plan Amendment related to the 2007 -2014 Housing Element and the Heart of the City Specific Plan 25. Consider a Tentative Map to subdivide an approximately 41,800 square foot parcel into five parcels ranging from 6,461 to 8,890 square feet, Application No. TM- 2010 -01, Donna Vingo (Russell Marshall Trustee), 7 South Blaney Avenue APN 369 -11 -048. 26. Adopt a resolution regarding the Fiscal Year 2010/11 fee schedule as submitted and consider a separate proposal to increase fees for long -range planning and permit system improvements, Resolution No. 10 -072. 27. Conduct the first of two public hearings regarding the use of eighth program year (2010- 11) Community Development Block Grant (CDBG) funds and Human Service rg ants and begin review of the 2010 Annual Action Plan April 6, 2010 Cupertino City Council Page 6 Cupertino Redevelopment Agency UNFINISHED BUSINESS 28. Consider authorizing staff to move forward with the Historic Preservation Policy and related General Plan Amendment, Application No. CP- 2007 -03, City of Cupertino, Citywide. NEW BUSINESS 29. Conduct a hearing on a petition by Susan Sievert et al as amended by Donald Bautista, Jr., for reconsideration of the City Council's February 16, 2010 decision on Scenic Circle access to Stevens Creek Trail and Blackbeny Farm Park. At the conclusion of the hearing on the Peti :ion for Reconsideration, the Council may: A. Adopt a resolution (10 -073) denying the Petition for Reconsideration, thereby affirming the original decision, or B. Reverse or Modify the February '16, 2010 Council decision on Scenic Circle access to Stevens Creek Trail and Blackberry Farm Park 30. Consider reducing the field use fees for the United States Cricket Association's National Women's Cricket Tournament 31. Mary Avenue Bicycle Footbridge Project a. Review of the remaining project funds and the closeout work for the Mary Avenue Bicycle Footbridge project b. Report on the theft of the Qga sculpture from the Mary Avenue Bicycle Footbridge entry plaza and the feasibility of installing a security camera system to protect the artwork from future vandalism 32. Future City Council meetings (no documentation in packet): a. Recommended date for budget study session is Monday, May 24 from 3:00 — 6:00 p.m. in the EOC, or Wednesday, May 26 from 3:00 — 6:00 p.m. in the Council Chambers if there will be no Teen Commission overflow meeting (see item c below) b. Teen Commission interviews on Tuesday, May 25 at 3:30 p.m. C. Teen Commission overflow meeting (if over 30 candidates) on Wednesday, May 26 at 3:30 p.m. d. CREST awards scheduled on Thursday, May 27 at 7:00 p.m. April 6, 2010 Cupertino City Council Page 7 Cupertino Redevelopment Agency e. Consider adding a study session regarding Lehigh air quality on Tuesday, June 22 from 3:00 — 6:00 p.m. f. Consider cancelling or changing a meeting during the summer ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment 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, muse' 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 §2.08.096. In compliance with the Americans with Disabilities 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 of 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.