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10-05-10 Bookmarked Agenda.pdf AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, October 5, 2010 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS – PRESENTATIONS 1. Subject: Celebrate California Arts Day, October 1, 2010. Recommended Action: Present proclamation Description: No documentation in packet 2. Subject: Brief summary of Teen Commission's WOW (Walk One Week) program. Recommended Action: Receive summary report Description: 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. October 5, 2010 Cupertino City Council 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. 3. Subject: Accounts Payable for period ending September 17, 2010 Recommended Action: Adopt Resolution No. 10-184 Draft Resolution Page No: 8 4. Subject: Accounts Payable for period ending September 24, 2010 Recommended Action: Adopt Resolution No.10-185 Draft Resolution Page No: 18 5. Subject: Payroll for period ending September 17, 2010 Recommended Action: Adopt Resolution No. 10-186 Draft Resolution Page No: 27 6. Subject: Parcel Map, 10056 Orange Avenue Recommended Action: Adopt Resolution No. 10-187 Resolution Exhibit Page No: 28 7. Subject: Hold Harmless Agreement, 10161 Phar Lap Drive. Recommended Action: Adopt Resolution No. 10-188 Staff Report Resolution Original Exhibit Page No: 30 8. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10216 Pasadena Avenue Recommended Action: Adopt Resolution No. 10-189 Resolution Original Exhibit Page No: 37 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) October 5, 2010 Cupertino City Council Cupertino Redevelopment Agency PUBLIC HEARINGS 9. Subject: Modification of an existing mixed-use development located at 19501-19507 Stevens Creek Boulevard (Metropolitan). Recommended Action: Consider a Modification to the Use Permit, Exception to the Heart of the City Specific Plan, and a Tentative Map for the Metropolitan mixed-use development. Description: Applications: M-2010-03, EXC-2010-03, TM-2010-03 (EA-2010-04) Applicant: Jane Vaughan (Cupertino Housing Partners, LLC) Location: 19501, 19503, 19505, 19507 Stevens Creek Blvd (Metropolitan), APN: 316-49- 009, 500 ft noticing radius. Application Summaries: Use Permit Modification (U-2003-04) to allow general commercial uses at an existing mixed- use project (Metropolitan) located at 19501-19507 Stevens Creek Boulevard; Exception to the Heart of the City Specific Plan to allow non-commercial uses to exceed 25% of the total building frontage along Stevens Creek Boulevard; Tentative Map to subdivide an existing ground floor commercial space into five commercial condominiums (Metropolitan). Staff Report A. Planning Commission Resolution No. 6607, 6608, and 6609 B. Negative Declaration / Initial Study C. Conditions of Approval for U-2003-04 D. Applicant's Justification Letters E. Planning Commission Staff Report of September 28, 2010 F. Tentative Map (11x17) Page No: 43 10. Subject: Update on the Green Building Ordinance. Recommended Action: Receive update. Description: Application: MCA-2010-04 Applicant: City of Cupertino Location: Citywide Application Summary: Municipal Code Amendment to adopt a Green Building Ordinance. Staff Report A. Phase II Recommendations B. June 7, 2010 Focus Group Meeting Comments C. July 29, 2010 Focus Group Meeting Comments Page No: 111 UNFINISHED BUSINESS October 5, 2010 Cupertino City Council Cupertino Redevelopment Agency NEW BUSINESS 11. Subject: Scenic Circle access to Stevens Creek Trail and Blackberry Farm Park - Progress report Recommended Action: Adopt the mitigations for Scenic Circle access developed by Scenic Circle neighbors. Staff Report Attachment A Page No: 122 12. Subject: Report of vacancies on commissions and committees with terms expiring January, 2011. Recommended Action: Select application deadline date of Wednesday, January 12 and interview dates of Monday and Tuesday, January 24 and 25, 2011. Staff Report Appointment list and Notice of commission vacancies Resolution 10-048 Page No: 127 13. Subject: Determine date to select new mayor and vice mayor. Recommended Action: Schedule for December 7. Description: No documentation in packet 14. Subject: Changes to the City Council meeting schedule through January 2011 Recommended Action: Cancel the January 4 meeting Staff Report Page No: 137 ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT October 5, 2010 Cupertino City Council 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.