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00. AgendaAmended on April 29 to add Item No. 21a CUPERTINO AGENDA CUPERTINO CITY COUNCIL — SPECIAL MEETING CUPERTINO REDEVELOPMENT AGENCY — REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, May 4, 2010 5:00 p.m. CITY COUNCIL MEETING ROLL CALL CLOSED SESSION - 5:00 p.m. 1. Conference with legal counsel — existing litigation (Government Code 54956.9): a. Case #1, filed December 14, 2009 City of Cupertino v. Yuen et al. Santa Clara County Superior Court Case No. 1- 09-CV- 159280 (In re 20587 Murano Circle, Santa Clara County Superior Court Case No. 1-10 - CV- 167613) b. Case #2, filed December 17, 2009 City of Cupertino v. Mansfield et al. Santa Clara County Superior Court Case No. 1- 09 -CV- 159511 (In re Mansfield, United States Bankruptcy Court Case No. 10 -51193 ASW) 2. Conference with legal counsel - anticipated litigation a. Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 (3 cases) 3. Conference with Real Property Ne otg iator ;Government Code 54956.8) a. Property: 10800 Torre Avenue, Cupertino, CA b. Negotiator: Terry Greene C. Negotiating parties: City of Cupertino and Streeter and Sons, dba Coffee Society d. Under negotiation: Lease - Price and terms of payment May 4, 2010 Cupertino City Council Page 2 Cupertino Redevelopment Agency PLEDGE OF ALLEGIANCE — 6:45 p.m. ROLL CALL CEREMONIAL MATTERS — PRESENTATIONS 4. Proclamation to Roseanne Macek for her service to the Cupertino Library. (No documentation in packet). 5. Proclamation for Wildfire Awareness We ek in Cupertino, May 2 -8. (No documentation in packet). 6. Proclamation for National Public Works Week in Cupertino, May 16 -22. (No documentation in packet). 7. Presentation on water quality by San Jose Water Company — John Tang. (No documentation in packet). 8. Environmental Affairs update. (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. 9. Approve the minutes from the April 20 City Council meeting. 10. Adopt resolutions accepting Accounts Payable for April 16 and 23, Resolution Nos. 10- 081 and 10 -082. 11. Adopt a resolution accepting Pam for April 30, Resolution No. 10 -083. 12. Accept the Treasurer's Investment & Budget report for March 2010. May 4, 2010 Cupertino City Council Page 3 Cupertino Redevelopment Agency 13. Accept municipal improvements Sandra L. Delgado, 10739 Santa Lucia Road, Lot(s) 1 and 2, APN 342 -17 -100. The applicant has completed City- specii.ied improvements in the City right -of -way including grading, retaining wall, sidewalk., handicap ramp, curb & gutter, and driveway approach as required by the improvement agreement with the City. 14. Assembly Bill (AB) 939 Solid Waste Mana. e ment programs: a. Adopt a resolution approving the Agency Agreement for the Countywide AB939 Implementation Fee for FY 10 -11, Resolution No. 10 -084 b. Adopt a resolution approving the agreement for Countywide Household Hazardous Waste Collection Program for FY 10 -11, Resolution No. 10 -085 C. Adopt a resolution authorizing execution of the first amendment to the agency agreement for the Countywide Household Hazardous Waste Collection Program for FY 09 -10, Resolution 10 -086 15. Modena Investment, L.P., a California Limited Partnership, and Sunnyvale Holding, LLC, a California Limited Liability Company, tenants -in- common, 21255 Stevens Creek Boulevard APN 326 -27 -035: a. Adopt a resolution approving a Declaration of Covenants, Conditions and Restrictions and Establishment of Easements Affecting Land, a Deferred Improvement Agreement, and a Declaration of Restrictive Covenants Resolution No. 10 -087 Through these agreements and declarations, the owners agree to the terms and restrictions set forth by the City of Cupertino for the subdivision of an 8.1 acre parcel into two parcels of approximately 2.6 acres and 5.5 acres. b. Adopt a resolution approving a Parc Mg p, Resolution No. 10 -088 Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. 16. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Homestead Mine Court, LLC, 106 Mine Court APN 316 -47 -020, Resolution No. 10 -089. 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. May 4, 2010 Cupertino City Council Page 4 Cupertino Redevelopment Agency 17. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Homestead Mine Court, LLC, 106 Mine Court APN 316 -47 -021, Resolution No. 10 -090. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the over ying property. 18. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Homestead Mine Court, LLC, 106 Mine Court APN 316 -47 -023, Resolution No. 10 -091. 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. 19. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Homestead Mine Court, LLC, 106 Mine Court APN 316 -47 -022, Resolution No. 10 -092. 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. Authorize support of AB 1784 regarding lo roadway projects 21. Authorize the mayor to sign a letter supporting San Jose Water Company's application for tax - exempt bonds as part of the California Pollution Control Financing Authority's revenue bonds. 21a. Authorize sending of attached letter to the Bay Area Air Quality Management District (BAAQMD) regarding implementing of the Environmental Protection Agency's (EPA) Proposed Rule. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 22. Consider Application Nos. TM- 2010 -02 (EA- 2010 -01), Z- 2010 -01, V- 2010 -01, Pam Yoshida (Richard Gregersen) 10642 Nort Portal Avenue APN Nos. 316 -25 -054, 316- 25 -047, 316 -25 -048: a. Adopt a Negative Declaration b. Subdivide 0.618 acres into two single- family residential lots of approximately 11,737 and 13,982 gross square feet with an exception area of 1,211 square feet in the City of Sunnyvale May 4, 2010 Cupertino City Council Page 5 Cupertino Redevelopment Agency C. Prezone and Rezone 0.028 acres f -om the City of Sunnyvale to pre- R1 -7.5 and 0.590 acres to R1 -7.5 d. Variance to allow a lot width of 55 feet in an R -1 zoning district where 60 feet is required e. Conduct the first reading of Ordinance No. 10 -2059: "An Ordinance of the City Council of the City of Cupertino approving the prezoning and rezoning of approximately 0.618 acre, consistingj of a prezoning of 0.028 acre from the City of Sunnyvale to pre- R1 -7.5 (Single - Family Residential, 7,500 square feet minimum lot size), and a rezoning of 0.59 acre from Al -43 to R1 -7.5 for property located north and abutting to 10642 North Portal Avenue (APN's 316 -32 -047, - 048)" 23. Consider Application Nos. ASA- 2009 -08, U- 2009 -08 (EA- 2009 -11), TR- 2010 -08, Ken Rodrigues (FBJ Homestead Associates, LLC), 20620, 20580 & 20680 Homestead Road (PW Market) APNs 326 -10 -051, 326 -10 -060, 326 -10 -063: a. Approve a Negative Declaration b. Architectural and Site Approval to allow the demolition of 95,666 square feet of existing commercial space and the construction of 146,458 square feet of new commercial space consisting of four new commercial satellite buildings and three new major tenant spaces in an existing shopping center. The approval also allows a 24 -hour drive - through pharmacy and a second drive - through at one of the satellite buildings to operate from 6:00 a.m. to 11:00 p.m. C. Use Permit to allow the demolition of 95,666 square feet of existing commercial space and the construction of 145,458 square feet of new commercial space consisting of four new commercial satellite buildings and three new major tenant spaces in an existing shopping center. The approval also allows a 24 -hour drive - through pharmacy and a second drive- through at one of the satellite buildings to operate from 6:00 a.m. to 11:00 p.m. d. Tree Removal Permit to allow the removal and replacement of up to 124 trees as part of a proposed development application UNFINISHED BUSINESS 24. Reschedule the study session with regulators regarding Lehigh air quality because the Bay Area Air Quality Management District is not available on June 22. (Staff suggests July 20 at 3:00 p.m.). No documentation in packet. May 4, 2010 Cupertino City Council Page 6 Cupertino Redevelopment Agency NEW BUSINESS 25. Authorize the City Manager to execute a new five -year lease with Jackie Streeter, the owner of the Coffee Society at the Civic Center with the terms approved by the City Council during negotiation. 26. Conduct the first reading of an ordinance; adding Section 11.24.250 to the Cupertino Municipal Code regarding parking_ recreat vehicles in excess of ten days on public streets. Ordinance No. 10 -2060: "An ordinance of the City Council of the City of Cupertino adopting Section 11.24.250 of the Cupertino Municipal Code regarding restricting recreational vehicle parking in residential neighborhoods." ORDINANCES 27. Conduct the second readinp, 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." STAFF REPORTS COUNCIL REPORTS ADJOURNMENT May 4, 2010 Cupertino City Council Page 7 Cupertino Redevelopment Agency 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, 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 1!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.