00. Agenda CUPERTINO
AGENDA
CUPERTINO CITY COUNCIL—REGULAR ADJOURNED MEETING
CUPERTINO REDEVELOPMENT 2�GENCY—REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday,July 20, 2010
3:00 p.m.
CITY COUNCIL MEETING
ROLL CALL
STUDY SESSION— 3:00 p.m.
1. Receive a report from the Bay Area Air Quality Management District (BAAQMD) and
Santa Clara County. Topics will be air quality regulation, standards, monitoring, and
reclamation as they relate to the Lehigh Gement Plant immediately adjacent to the City.
(No documentation in packet).
CLOSED SESSION
PLEDGE OF ALLEGIANCE—6:45 p.m.
ROLL CALL
CEREMONIAL MATTERS—PRESENTATIONS
2. Proclamation to Mr. Vishwajith Singh and Mr. Sujith Vishwajith for their quick response
in helping to save their neighbor's life. (No documentation in packet).
3. Presentation from Richard Santos, Chair of the Santa Clara Valley Water District
regarding the most current issues impacting both jurisdictions. (No documentation in
packet).
POSTPONEMENTS — Item No. 25 postponed to August 17 to re-notice an amended
description to include reservation of a five-foot-wide pedestrian easement along Stevens Canyon
Road
WRITTEN COMMUNICATIONS
July 20, 2010 Cupertino City Council Page 2
Cupertino Redevelopment Agency
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.
4. Approve the minutes from the May 24, 25, June 1, and June 9 City Council meetings.
5. Adopt resolutions accepting Accounts PaUgble for June 4, 11, 18, 25, July 2 and 9,
Resolution Nos. 10-115 through 10-120.
6. Adopt resolutions accepting Payroll for June 11, 25, and July 9, Resolution Nos. 10-121
through 10-123.
7. Adopt a resolution setting a hearing date of August 3 to provide for lien assessments and
collection resulting from abatement of a public nuisance (brush and weeds), resolution
No. 10-124.
8. Adopt resolutions approving the July 1,21)10 through June 30 2012 terms and conditions
of employment for the Cupertino City Employees' Association, Operating Engineers
Local Union No. 3, AFL-CIO, Unrepresented (Management and Confidential)
Employees, and City Attorney Employees:
a. Amending a Memorandum of Understanding between the City of Cupertino and
the City Employees' Association, Resolution No. 10-125
b. Amending a Memorandum of Understanding between the City of Cupertino and
Operating Engineers Local Union No. 3, AFL-CIO, Resolution No. 10-126
C. Amending the Unrepresented Management and Confidential) Employees'
Compensation Program, Resolution No. 10-127
d. Adopting the City Attorney Employees' Compensation Program, Resolution No.
10-128
e. Directing the City Manager to amend the Administrative Rules and Regulations of
the Personnel Code to reflect any changes to the Memorandum of Understandings
(MOU's) and Compensation Programs, Resolution No. 10-129
July 20, 2010 Cupertino City Council Page 3
Cupertino Redevelopment Agency
9. Accept an application for an Alcoholic: Beverage License for Nutrition Restaurant
(formely Royal Teppen Steak House at Cupertino Village), 10935 N. Wolfe Rd. On-Sale
Beer& Wine (41).
10. Accept Municipal Improvements, Zhihong Liu, 10651 Merriman Road, APN 342-16-031.
The applicant has completed City-specified improvements in the City right-of-way
including sidewalk, curb & gutter, a;,ad driveway approach as required by the
improvement agreement with the City.
11. Accept Municipal Improvements, Felicia Chow, 10460 South Foothill Boulevard, APN
357-04-010.
The applicant has completed City-specified improvements in the City right-of-way
including sidewalk, driveway approach, curb & gutter, required by the improvement
agreement with the City.
12. Accept a Cily Project performed under contract: Reconstruction of Curbs, Gutters and
Sidewalks, Project No. 2009-04. (No documentation in packet).
The City's contractor, Maxicrete, Inc. completed work on the 2009 Reconstruction of
Curbs, Gutters and Sidewalk project. The project involved the repair of approximately
18,370 SF of sidewalk and 3193 LF of standard curb.
13. Accept a City Project performed under Contract for Quinlan Center — Plaza Renovation,
Project No. 2009-9237.
The City's contractor, Robert A. Bothman, has completed work on the Quinlan Center
Fountain. The work consisted of the removal of the existing fountain and appurtenances
and the installation of the plaza renovation improvements that included a steel pavilion
and landscaping.
14. Adopt a resolution approving an Improvement Agreement, Stephen Fung, Jimmy Tse-
Min Fung and Liling Wang, 21900 Alcazar Avenue, APN 357-14-034, Resolution No.
10-130.
Through the improvement agreement with the City, the applicants 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.
July 20, 2010 Cupertino City Council Page 4
Cupertino Redevelopment Agency
15. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Stephen Fung,
Jimmy Tse-Min Fung and Liling Wang, 21900 Alcazar Avenue, APN 357-14-034,
Resolution No. 10-131.
The property owners of this residential development agree to grant to the City an
easement for public roadway purposes, together with the right to construct, operate, repair
and maintain public utilities and improvements, over a portion of the property.
16. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, I-An Feng, Frances Hsu and Osbert Feng, 10352 Mira Vista Road, APN 357-02-
020, Resolution No. 10-132.
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.
17. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Robert Allen Van Hoy, Jr. and Christine P. Van Hoy, 10556 Larry Way, APN
316-02-026, Resolution No. 10-133.
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.
18. Adopt a resolution accepting a Quitclaim :Deed and Authorization for Underground Water
Rights, Massoud Vameghi, M.D. and Arshifam Vameghi, 10353 Mira Vista Road, APN
357-02-041, Resolution No. 10-134.
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, Priya Pattathil and Joy A. Thomas, 22330 Regnart Road, APN 366-39-006,
Resolution No. 10-135.
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 approving an Improvement Agreement, Cheng-Yuan Michael Wang
and Michelle Fan Wang, 10170 Santa Clara Avenue, APN 326-24-046, Resolution No.
10-136.
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.
July 20, 2010 Cupertino City Council Page 5
Cupertino Redevelopment Agency
21. Adopt a resolution accepting a Grant of Easement for RoadwU Purposes, Cheng-Yuan
Michael Wang and Michelle Fan Wang, 10170 Santa Clara Avenue, APN 326-24-046.
Resolution No. 10-137.
The property owners of this residential development agree to grant to the City an
easement for public roadway purposes, together with the right to construct, operate, repair
and maintain public utilities and improvements, over a portion of the property.
22. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Cheng-Yuan Michael Wang and Michelle Fan Wang, 10170 Santa Clara Avenue,
APN 326-24-046, Resolution No. 10-138.
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.
23. Villa Serra Apartments:
a. Adopt a resolution approving a Grant Deed from the City of Cupertino to Villa
Serra Apartments for a property located at 10981 Franco Court, APN 326-09-025,
Resolution No. 10-139
This Grant Deed will accompany documents for the required lot line adjustment
between the City of Cupertino and Villa Serra Apartments for the approved Villa
Serra Public Park. The City agrees to grant a strip of land, which was previously
part of the traffic operations center, to Villa Serra Apartments, for purposes of
ingress and egress within the lands of Villa Serra Apartments.
b. Adopt a resolution accepting a Grant Deed from Villa Serra Apartments for a
property located at 20800 Homestead Road, APN 326-09-056, Resolution No. 10-
140
This Grant Deed will accompany documents for the required lot line adjustment
between the City of Cupertino and Villa Serra Apartments for the approved Villa
Serra Public Park. The City agrees to accept, from Villa Serra Apartments, a
grant of land for the purpose of owning and maintaining the Public Park and new
traffic operations center.
24. Approve Extension Requests for a one year extension for the Use Permit (U-2007-06) and
Architectural & Site Approval (ASA-2007-10) to construct two one-story retail buildings
totaling 24,455 square feet and a one-level parking deck, Application Nos. EXT-2010-
01, EXT-2010-02, and EXT-2010-03, Curt Taylor (Cupertino Village LP), 10825-10983
North Wolfe Road (Cupertino Village), APNs 316-05-050, 316-05-051, 316-05-052.
ITEMS REMOVED FROM THE CONSENT CALENDAR(above)
July 20, 2010 Cupertino City Council Page 6
Cupertino Redevelopment Agency
PUBLIC HEARINGS
25. Consider adopting a resolution vacating a portion of city right of way on Stevens Canyon
Road at 22621 Ricardo Road. (Staff requests this item be postponed to August 17).
The owner of this parcel petitioned the City to vacate a portion of the existing right of
way, adjacent to his property, which is no longer needed for roadway purposes.
UNFINISHED BUSINESS
NEW BUSINESS
26. Adopt a resolution authorizing the City Manager to negotiate and execute a Cost
Sharing Agreement with Apple, Inc. to construct a concrete island on Mariani Avenue,
Resolution No. 10-142.
27. Review bids and award the contract for Pavement Restoration, Project No. 2009-08, to G.
Bortolotto & Company, Inc., in the amount of $190,604.00, and approve a construction
contingency of$20,000.00 to cover any unforeseen work required to complete the project,
for a total of$210,604.00.
28. Bicycle lanes and routes:
a. Conduct the first reading of Ordinance No. 10-2063: "An Ordinance of the City
Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino
Municipal Code Relating to Designated Bicycle Lanes."
b. Conduct the first reading of Ordinance No. 10-2064: "An Ordinance of the City
Council of the City of Cupertino Amending Section 11.08.260 of the Cupertino
Municipal Code Relating to Designated Bicycle Routes."
29. Conduct the first reading of Ordinance No. 10-2065: "An Ordinance of City Council of
the City of Cupertino amending the existing Cupertino Municipal Code Section
19.100.030 regarding parking and keeping vehicles in various zones."
30. Designate a voting delegate and up to two alternates for the League of California Cities
Annual Conference Sept. 15-17 in San Diego.
31. Commission vacancies:
a. Set an interview date for the Parks and Recreation Commission unscheduled
vacancy. Staff recommends Sept. 7. (No documentation in packet).
b. Accept the resi ng ation of Fine Arts Commissioner John Fiegel and set an
interview date. Staff recommends Sept 7 if applications have been submitted.
July 20, 2010 Cupertino Cihi Council Page 7
Cupertino Redevelopment Agency
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 Counci"'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.