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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, May 18, 2010 6:30 p.m. CITY COUNCIL. MEETING ROLL CALL — 6:30 p.m. CLOSED SESSION 1. Conference with Real Property Ne otg iator (Government Code 54956.8). Continued from May 18: 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 PLEDGE OF ALLEGIANCE — 6:45 p.m. ROLL CALL CEREMONIAL MATTERS — PRESENTATIONS 2. Proclamation recognizing The Five Cheeses from Lawson Middle School for raising community awareness on environmental issues. (No documentation in packet). 3. Proclamation to Roseanne Macek for her service to the Cupertino Library. (No documentation in packet). Continued from May 4. 4. Proclamation to former Cupertino mayor D Burnett for his years of service to the City of Cupertino. (No documentation in packet). 5. Proclamation recognizing May 16 -22 as Hepatitis B Awareness Week (No documentation in packet). 6. Proclamation recognizing May as Foster Care Month (No documentation in packet). May 18, 2010 Cupertino City Council Page 2 Cupertino Redevelopment Agency 7. Presentation on water quality by Sam Silva, a Water Quality Project Manager with Cal Water (No documentation in packet). POSTPONEMENTS The applicant for Item No. 21 requested a continuance to June 1. 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. 8. Approve the minutes from the May 4 City Council meeting. 9. Adopt resolutions accepting Accounts Payable for April 30 and May 7, Resolution Nos. 10 -093 and 10 -094. 10. Adopt a resolution approving the destruction of records from the Code Enforcement and Finance departments, Resolution No. 10 -095. 11. Adopt a resolution declaring brush growing; on certain described properties to be a up blic nuisance and set a hearing date of June 1 for objections to proposed removal, Resolution No. 10 -096. 12. Authorize the West Valley Mayors and Maiagers Group to appoint the Southwest County Agencies board member to the Silicon Valley Regional Interoperability Authority (SYRIA) in order to improve communicatio in emergencies and on a day -to -day basis. 13. Approval for the City Manager to submit an application to the League of American Bicyclists for the award of a Bicycle Friendly Communily status for the City of Cupertino in the name of former Mayor Don Burnett for his years of service to the City. May 18, 2010 Cupertino City Council Page 3 Cupertino Redevelopment Agency 14. Accept a City Project performed under Contract for Homestead Road Rehabilitation Project No. 2009 -05 (O'Grady Paving, Inc.). The City's contractor, O'Grady Paving, Inc., has completed work on the Homestead Road Rehabilitation Project. The work consisted of a surface overlay and concrete improvements on Homestead Road between Mary Avenue and Franco Court. 15. Accept a City Project performed under Contract for Stevens Creek Corridor Park Phase 1 B, Project No. 2008 -9112 (Robert A. Both man). The City Contractor, Robert A. Bothman, has completed work on the Stevens Creek Corridor Park Project, Phase 113. The wort: consisted of various improvements including renovation of the existing park and picnic area, parking lot, new trail, kiosk and golf course maintenance building and landscaping. 16. Accept a City Project performed under Contract for Civic Center Fountain Upgrade Project No. 2008 -9421 (Pacific Water Art, Inc.). The City Contractor, Pacific Water Art, Inc. has completed work on the Civic Center Fountain Upgrade Project. The work consisted of the installation of an Ultraviolet Sterilizing system in the existing fountain. 17. Adopt a Resolution approving a five -year Solid Waste Services Franchise Agreement with Recology (formerly Los Altos Garbage) effective November 1, 2010, with an option for a five -year extension by mutual agreement, Resolution No. 10 -097. 18. Accept the resignation of Parks and Recreation Commissioner Deborah Stephens Stauffer and direct staff to advertise the vacancy. 19. Adopt a resolution accepting a Quitclaim D eed and Authorization for Underground Water Rights, Wei Shi and Xiaoyan Fang, 10108 Crescent Court APN 326 -17 -060, Resolution No. 10 -098. 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 Quitclaim D eed and Authorization for Underground Water Rights, Vinod Varma and Shashi Varma, husband and wife, as community property with right of survivorship, 1015 Kenmore Court APN 362 -15 -035, Resolution No. 10 -099. 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 18, 2010 Cupertino City Council Page 4 Cupertino Redevelopment Agency ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 21. Consider Application Nos. TM- 2010 -02 (EA- 2010 -01), Z- 2010 -01, V- 2010 -01, Pam Yoshida (Richard Gregersen) 10642 North Portal Avenue APN Nos. 316 -25 -054, 316- 25 -047, 316 -25 -048 (continued from May 4). The applicant requested a continuance to June 1: a. Adopt a Mitigated 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 C. Prezone and Rezone 0.028 acres from 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, consisting 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 RI-7.5 for property located north and abutting to 10642 North Portal Avenue (APN's 316 -32 -047, - 048)" 22. Consider Modification (M- 2010 -01) to a Use Permit (14 -U -96) to remove an existing reciprocal access and parking easement between an existing apartment complex ( The Hamptons and an existing industrial office property ( Apple, Inc .), Application No. M- 2010-01, James Fowler (The Irvine Co. & Apple, Inc.), 19500, 19310 -19320 Pruneridge Avenue, APNs 316 -06 -032, 316 -06 -037, 316 -06 -050, 316 -06 -051. 23. Community Development Block Grant (CE1BG) Program: a. Conduct a public hearing to consider adoption of the (2010 -15) Community Development Block Grant (CDBG) Consolidated Plan, Resolution No. 10 -100 b. Direct staff to dissolve the CDBG Steering Committee and amend Chapter 2.86 of the Municipal Code to give the Housing Commission authority to make CDBG funding and policy recommendations in the future May 18, 2010 Cupertino City Council Page 5 Cupertino Redevelopment Agency 24. Review the Matrix management study of the permit process Consider authorizing staff to move forward with recommended process enhancements and ordinance amendments, Application No. CP- 2010 -01, City of Cupertino, Citywide. UNFINISHED BUSINESS 25. Consider adopting an ordinance moving the date of the City's general municipal election to consolidate it with the statewide general election commencing November 2012. Conduct the first reading of Ordinance No. 10 -2061: "An Ordinance of the City Council of the City of Cupertino moving the date of the City's general municipal election to consolidate it with the statewide general election commencing November 2012." NEW BUSINESS 26. 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 (continued from. May 4). 27. Authorize the City Manager to negotiate and execute the license agreement to allow the Bay Area Air Quality Management Dist (BAAQMD) to place an air monitoring station in Monta Vista Park for a minimum period of one year. ORDINANCES STAFF REPORTS 28. Receive a report on the Pavement Management Program street conditions, and preventative maintenance. COUNCIL REPORTS ADJOURNMENT Adjourn to Monday, May 24 at 5:30 p.m. for a budget study session, Cupertino Community Hall, 10350 Torre Avenue. May 18, 2010 Cupertino City Council Page 6 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 c 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.