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00. AgendaCUPERTINO AGENDA CUPERTINO CITY COUNCIL — REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY — REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, April 20, 2010 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION - None CEREMONIAL MATTERS — PRESENTATIONS 1. Presentation of Presidential Service Awa rds for volunteers (continued from April 6) and recognition of 41 community groups that assisted in an emergency preparedness exercise. (No documentation in packet). 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. 2. Approve the minutes from the April 6 City Council meeting. 3. Adopt resolutions accepting Accounts Payable for April 2 and 9, Resolution Nos. 10 -074 and 10 -075. April 20, 2010 Cupertino City Council Page 2 Cupertino Redevelopment Agency 4. Adopt resolutions accepting Payroll for April 2 and 16, Resolution Nos. 10 -076 and 10- 077. 5. Accept the Treasurer's Investment and Budget Report for February 2010. 6. Adopt a resolution approving the destruction of records from Code Enforcement and the Public Works Department, Resolution No. 10 -078. 7. Fulfill the City's obligations under the City Attorney's Employment Agreement by Authorizing the Mayor to execute the "Agreement between the City of Cupertino and Carol Korade re ag rding Housing Assistance and, when the housing assistance is provided, to complete and execute the "Tenancy -in- Common Agreement ". 8. Authorize the City Manager to sign the J oint Powers Agreement to become a member of the Silicon Valley Regional Interoperabili.ty Authority (SVRIA) and sign the amendment to the Second Amended Joint Funding Agreement (JFA) to allow the JFA and its assets to transition to the Silicon Valley Regional Iizteroperability Authority JPA. 9. Reinstate the City of Cupertino's participation in the Cal -ID program 10. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Atamparkash Singh Sandhu and Harjit Kaur Sandhu, 1699 S. De Anza Boulevard APN 366 -10 -120, Resolution No. 10 -079. 11. Approve expenditure from the Mayor's discretionary fund for presentation and travel by Mayor Wang to the World Expo in the amount of $1,207.90. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 12. Adopt the fiscal year 2010 -11 fee sched' (Resolution No. 10 -072), as submitted, and consider a separate proposal to increase fees for long -range planning and permit system improvements (continued from April 6). 13. 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 (continued from April 6). 14. Consider adopting a resolution adopting, the 2010 Annual Action Plan and the use of eighth program year (2010 -11) Comm�xnity Development Block Grant (CDBG) and Human Service Grant Funds Resolution No. 10 -080. April 20, 2010 Cupertino City Council Page 3 Cupertino Redevelopment Agency 15. Consider a Municipal Code Amendment to repeal the existing Xeriscape Landscaping Ordinance (Chapter 14.15 of the Cupertino Municipal Code) and adopt a new Landscape Ordinance (Chapter 14.15), in order to comply with the California Water Conservation in Landscaping Act Application No. MCA - 2010 -01, City of Cupertino, Citywide. First reading of Ordinance No. 10 -2058: "An Ordinance of the City Council of the City of Cupertino repealing the existing Chapter 14.15 of the Cupertino Municipal Code, Xeriscape Landscaping, and adopting a new Chapter 14.15, Landscape Ordinance, in order to establish new landscaping regulations pursuant to the California Water Conservation in Landscaping Act." UNFINISHED BUSINESS 16. Consider authorizing the City Manager to enter into an energy savings performance contract with Siemens in substantially the same form as attached for an amount not to exceed $ 2,133,845. Consider appropriating 2009 -10 capital improvement funds of $2,133,845 for this project, financed by $438,000 in Department of Energy, Energy Efficiency and Conservation Block Grant Funds, $562,000 from capital improvement reserves and $1,133,845 from a private financing lender. NEW BUSINESS ORDINANCES 17. Second readings of ordinances relating to he Housing Element a. Ordinance No. 10 -2056: "An Ordinance of the Cupertino City Council amending the Cupertino Municipal Code to comply with the Housing Element of the City of Cupertino General Plan" b. 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 RI-7 April 20, 2010 Cupertino City Council Page 4 Cupertino Redevelopment Agency 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 CounciI4!edevelopment 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, must 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.