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.