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08-03-10 Bookmarked Agenda.pdf AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, August 3, 2010 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS – PRESENTATIONS 1. Subject: Proclamations for participants in Cupertino Library robotics mini-camp. Recommended Action: Present proclamation. Description: Proclamations for Lynbrook High School and Miller Middle School Lego Robotics Club, the Cupertino Library and the Friends of the Cupertino Library. 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. August 3, 2010 Cupertino City Council Page 2 Cupertino Redevelopment Agency 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. Subject: Accounts Payable period ending July 16, 2010. Recommended Action: Adopt Resolution No. 10-143. Attachments: Draft Resolution 3. Subject: Accounts Payable for period ending July 23, 2010. Recommended Action: Adopt Resolution No. 10-144. Attachments: Draft Resolution 4. Subject: Payroll for period ending July 23, 2010. Recommended Action: Adopt Resolution No. 10-145. Attachments: Draft Resolution 5. Subject: Accept quitclaim deed and authorization for underground water rights at 10385 Calvert Drive. Recommended Action: Adopt Resolution No. 10-146. Description: First LJ of Cupertino, LLC, APN 375-17-027. Attachments: Resolution Attachments: Quitclaim Deed Attachments: Map 6. Subject: Accept quitclaim deed and authorization for underground water rights at 10395 Calvert Drive. Recommended Action: Adopt a Resolution No. 10-147. Description: First LJ of Cupertino, LLC, APN 375-17-028. Attachments: Resolution Attachments: Quitclaim Deed Attachments: Map August 3, 2010 Cupertino City Council Page 3 Cupertino Redevelopment Agency 7. Accept quitclaim deed and authorization for underground rights at 10355 Calvert Drive. Recommended Action: Adopt Resolution No. 10-148. Description: First LJ of Cupertino, LLC, APN 375-17-024. Attachments: Resolution Attachments: Quitclaim Deed Attachments: Map 8. Subject: Accept quitclaim deed and authorization for underground water rights at 10140 Lockwood Drive. Recommended Action: Adopt Resolution No. 10-149. Description: Madhukar Govindaraju and Chaya Murthy Govindaraju, APN 342-14-112. Attachments: Resolution Attachments: Quitclaim Deed Attachments: Map 9. Subject: Intent to vacate a portion of City right of way on Stevens Canyon Road at 22605 Ricardo Road. Recommended Action: Adopt Resolution No. 10-150. Description: Applicant is Harold “Bud” Barclay. Attachments: Staff Report Attachments: Resolution Attachments: Map 10. Subject: Request for extensions of a previously approved hotel proposed for 10165 N De Anza Blvd. Recommended Action: Approve extensions. Description: Request for a one year extension to a previously approved 5-story hotel and parking structure, EXT-2010-04, EXT-2010-05, EXT-2010-06, (APN 326-34-057), Dipesh Gupta/Ebrahim Kaabipour. Attachments: Staff Report Attachments: Approval letter to applicant, dated January 23, 2009 Attachments: Letter from Applicant, dated July 7, 2010 Attachments: Approved Plan Sets, dated January 20, 2009 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) August 3, 2010 Cupertino City Council Page 4 Cupertino Redevelopment Agency PUBLIC HEARINGS 11. Subject: Appeal of a WiMax antenna at West Valley Presbyterian Church. Recommended Action: Consider denial of the appeal. Description: This is an appeal of an approved WiMax antenna to be concealed in a cupola on the roof top of the church, DIR-2010-05, 6191 Bollinger Road (APN 375-41-007), Bradley Head for Clearwire/West Valley Presbyterian Church. Attachments: Staff Report Attachments: Planning Commission Resolution 6602 Attachments: Planning Commission Staff report, dated July 27, 2010 Attachments: Petition from Appellant Attachments: Email from Wenjie Li, dated July 23, 2010 UNFINISHED BUSINESS NEW BUSINESS 12. Subject: Approve assessment of fees on private parcels for the annual weed abatement program. Recommended Action: Conduct a hearing and adopt Resolution No. 10-151. Attachments: Staff Report Attachments: Assessment Report 13. Subject: Letter on status of county reclamation violations at Lehigh. Recommended Action: Authorize mayor to sign letter. Description: Letter to County Planning Department regarding the status of East Materials Storage Area Reclamation Plan Amendment intended to address the Notices of Violation (NOVs) issued by the County in 2006 and 2008. Attachments: Draft letter to county re: NOVs 14. Subject: Adopt ordinance prohibiting the feeding of birds in City parks. Recommended Action: Conduct first reading of Ordinance 10-2066. Description: An Ordinance of the City Council of the City of Cupertino adopting Section 13.04.130 P of the Cupertino Municipal Code prohibiting the feeding of birds in City parks. Attachments: Staff Report Attachments: Draft Ordinance Attachments: Flyer August 3, 2010 Cupertino City Council Page 5 Cupertino Redevelopment Agency 15. Designate an alternate board member for the Silicon Valley Regional Interoperability Agency (SVRIA). Recommended Action: Select representative from Council. Attachments: Staff Report ORDINANCES 16. Subject: Amend the Cupertino Municipal Code relating to designated bicycle lanes and routes. Recommended Action: Conduct second readings and enact Ordinance Nos. 10-2063 and 10- 2064. Description: 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"; and "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". Attachments: Staff Report Attachments: Ordinance No. 10-2063 Attachments: Ordinance No. 10-2064 STAFF REPORTS COUNCIL REPORTS ADJOURNMENT Subject: Commission presentations to City Council on August 17. Recommended Action: Adjourn to Tuesday, August 17, 5:00 p.m., at the Quinlan Community Center, 10185 North Stelling Road. August 3, 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 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.