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11-01-10 Bookmarked Agenda.pdf AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Monday, November 1, 2010 6:00 p.m. CITY COUNCIL MEETING ROLL CALL CLOSED SESSION 1.Subject: Conference with real property negotiator (Gov't Code 54956.8); Property: 10800 Torre Avenue; Cupertino Negotiator: Terry Greene; Negotiating Parties: City of Cupertino & potential lessees per RFP Under negotiation: Lease - price and terms of payment (RFP) : No documentation in packet Page No 2.Subject: Conference with legal counsel - existing litigation (Government Code 54956.9(a)). City of Cupertino v. Mansfield et al, Santa Clara County Superior Court (In re Mansfield, United States Bankruptcy Court). Page No: No documentation in packet PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS – PRESENTATIONS 3.Subject: Proclamation recognizing David Knapp's ten years of service to the City of Cupertino. Recommended Action: Present proclamation Page No: No documentation in packet 4.Subject: Proclamation recognizing World Polio Day in Cupertino. Recommended Action: Present proclamation. Page No: No documentation in packet November 1, 2010 Cupertino City Council Cupertino Redevelopment Agency 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. 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. 5.Subject: September 21, October 5, and October 12 City Council minutes Recommended Action: Approve minutes Draft minutes Sept. 21, 2010 Draft minutes Oct. 5, 2010 Draft minutes Oct. 12, 2010 Page No: 12 6.Subject: Payroll for period ending October 1, 2010 Recommended Action: Adopt Resolution No. 10-190 10.1.10Payroll Page No: 29 7.Subject: Accounts Payable for period ending October 1, 2010 Recommended Action: Adopt Resolution No. 10-191 Draft Resolution Page No: 30 8.Subject: Accounts Payable for period ending October 8, 2010 Recommended Action: Adopt Resolution No. 10-192 Draft Resolution Page No: 40 9.Subject: Payroll for period ending October 15, 2010 Recommended Action: Adopt Resolution No. 10-193 Draft Resolution Page No: 52 10.Subject: Accounts Payable for period ending October 15, 2010 Recommended Action: Adopt Resolution No. 10-194 Draft Resolution Page No: 53 November 1, 2010 Cupertino City Council Cupertino Redevelopment Agency 11.Subject: Accounts Payable for period ending October 22, 2010 Recommended Action: Adopt Resolution No. 10-195 Draft Resolution Page No: 64 12.Subject: Quitclaim Deed for the Grant of Real Property from the Fremont Union High School District of Santa Clara County to the City of Cupertino located at the Mary Avenue Bicycle Footbridge. Recommended Action: Adopt Resolution No. 10-196 Staff Report Draft Resolution Quitclaim Deed Page No: 71 13.Subject: Partial Quitclaim of Easement by Pacific Bell Telephone Company to the City of Cupertino located at the Mary Avenue Bicycle Footbridge. Recommended Action: Adopt Resolution No. 10-197 Staff Report Draft Resolution Partial Quitclaim of Easement Page No: 77 14.Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10160 Lockwood Drive. Recommended Action: Adopt Resolution No. 10-198 Description: 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. Draft Resolution Quitclaim Deed Map Page No: 83 15.Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10375 S. Tantau Avenue. Recommended Action: Adopt Resolution No. 10-199 Description: The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property. Draft Resolution Quitclaim Deed Map Page No: 89 16.Subject: Quitclaim Deed and Authorization for Underground Water Rights, 790 South Blaney Avenue. Recommended Action: Adopt Resolution No. 10-200 Description: The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property. November 1, 2010 Cupertino City Council Cupertino Redevelopment Agency Draft Resolution Quitclaim Deed Map Page No: 95 17.Subject: Development Agreement, 790 South Blaney Avenue. Recommended Action: Adopt Resolution No. 10-201 Description : The property owner of this residential development has agreed to construct improvements within the public right of way, which include street widening, construction of curb, gutter and sidewalk, and street light power undergrounding, as conditions of approval for the subdivision. Draft Resolution Agreement Map Page No: 101 18.Subject: Final Tract Map, 790 South Blaney Avenue. Recommended Action: Adopt Resolution No. 10-202 Description: A resolution approving a Tract Map that subdivides an approximately 41,800 square foot parcel into five parcels ranging from 6,410 to 8,710 square feet in area. Staff Report Draft Resolution Map Page No: 116 19.Subject: Stormwater Management Facilities Operation and Maintenance Agreement, 790 South Blaney Avenue. Recommended Action: Adopt Resolution No. 10-203 Description: The property owner of this residential development will be required to operate and maintain stormwater management facilities in accordance with the approved Stormwater Management Plan, to minimize adverse impacts due to changes in storm and surface water flow conditions. Draft Resolution Agreement Map Page No: 119 20.Subject: Stormwater Management Facility Easement Agreement, 790 South Blaney Avenue. Recommended Action: Adopt Resolution No. 10-204 Description: The property owner of this residential development will be required to grant ingress and egress rights to the City for the purpose of inspecting stormwater management facilities installed in accordance with the approved Stormwater Management Plan. Draft Resolution Agreement Map Page No: 128 November 1, 2010 Cupertino City Council Cupertino Redevelopment Agency 21.Subject: City Project, 2009 Tennis Court Re-Surfacing Project. Recommended Action: Accept Project No. 2009-07. Description: The work consisted of the mitigation of existing cracks, resurfacing of play areas and re-striping of play lines on a total of 28 tennis courts. Staff Report Page No: 138 22.Subject : Authorize application for grant funding for Stevens Creek Corridor, Phase 2. Recommended Action: Adopt Resolution No. 10-205, authorizing the application for grant funds from the Environmental Enhancement and Mitigation Program for Stevens Creek Corridor Phase 2, project 9136. Staff Report Draft Resolution Page No: 139 23.Subject: Receive City Manager's Annual Report 2009-2010 Recommended Action: Receive report Annual Report 2009-10 Final Draft Page No: 141 24.Subject: Consider Parks and Recreation Commission Work Plan for Fiscal Year 2010-2011 Recommended Action: Approve the 2010-2011 Parks and Recreation Commission Work Plan. Staff Report Page No: 187 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 25.Subject: Modifications to Use Permit U-2008-02 for an approved hotel by the Shashi Corporation Recommended Action: Consider approval of modifications to a previously approved Use Permit (U-2008-02) to reduce the amount of parking spaces including reductions (size and scope) in the restaurant/bar and conference areas, and eliminate the green building requirement for an approved 138-room hotel. Description: Application No: M-2010-07; Applicant: Dipesh Gupta (Shashi Corporation); Address: 10165 N De Anza Blvd. APN: 326-34-057 City Council Staff Report A. PC Resolution for M-2010-07 B. PC Staff Report for M-2010-07 dated 10/26/10 C. Approved Plan Set for U-2008-02 Page No: 189 November 1, 2010 Cupertino City Council Cupertino Redevelopment Agency 26.Subject: Appeal of an approval of a wireless service facility on Results Way Recommended Action: Consider an appeal of a Planning Commission approval for a personal wireless service facility consisting of twelve panel antennas to be mounted on a 74 foot tall monopine and associated base equipment to be located at the existing Results Way office park Description: Application Nos: U-2010-03, EXC-2010-04, TR-2010-31; Applicant: Dave Yocke (AT&T); Address: Results Way (rear parking lot) APN: 357-20-042 Appeal Staff Report A. Appeal of U-2010-03, EXC-2010-04 and TR-2010-31 dated 9/28/10 B. Letter to Applicant, PC Reso # 6604 C. PC Meeting Minutes 9/14/10 D. PC Staff Report dated 9/14/10 E. SCC Sheriff's Letter dated 6/23/10 F. Photosimulations of monopine (3) G. AT&T Facility Alternate Sites Arial Map H. Communications from the TIC Commissioners I. Public Correspondence J. At&T Mobility Proposed Base Station (Site No. CN3242A/Results Way, Cupertino, California/Statement of Hammett & Edison, Inc., Consulting Engineers, dated 10/26/10 K. Existing & Proposed Coverage Maps L. Commission-approved Plan Set Page No: 242 UNFINISHED BUSINESS NEW BUSINESS 27.Subject: Consider scheduling a Study Session on current Capital Improvements Program Projects. Recommended Action: Schedule a study session for November 16, 2010 at 5:00 pm. Staff Report Page No: 439 ORDINANCES 28.Subject: Amend the Cupertino Municipal Code to revise and re-title the existing Franchise Ordinance to be consistent with the new waste management and recycling Recology Franchise Agreement. Recommended Action: Conduct second reading of Ordinance Nos. 10-2069 and 10-2070. Description: a. An Ordinance of the City Council of the City of Cupertino Amending Chapter 6.24 of the Cupertino Municipal Code to revise and re-title the existing Franchise Ordinance, Garbage–Los Altos Garbage Company, as Garbage and Recycling Collection and Disposal to reflect the city’s updated waste management and recycling programs and to provide terminology consistent with the new Franchise Agreement with Recology; b. An Ordinance of the City Council of the City Of Cupertino amending Chapter 16.72 of the Cupertino Municipal Code clarifying and updating the requirements for construction and demolition November 1, 2010 Cupertino City Council Cupertino Redevelopment Agency debris recycling to ensure consistency with amendments to Chapter 6.24 and the new Recology Franchise Agreement. Staff Report Ordinance 10-2069 Ordinance 10-2070 Page No: 440 STAFF REPORTS 29.Subject: Report on the status of the Solar Power Purchase Agreement (SPPA) project. Recommended Action: Receive report and provide direction to staff. Description: The SPPA will allow the construction and purchase of renewable energy from carport photovoltaic arrays at City Hall, Corporation Yard, and the Quinlan Community Center. SPPA Staff report 11-1-10 Attachment A Attachment B Page No: 461 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 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.