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11-16-10 AMENDED AGENDA Amended on Nov. 12 to add Item No. 1a AGENDA CUPERTINO CITY COUNCIL ~ SPECIAL MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, November 16, 2010 5:30 p.m. CITY COUNCIL MEETING ROLL CALL CLOSED SESSION – 5:30 p.m. 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) Recommended Action: n/a Page No: No written materials in packet 1a. Subject: Conference with legal counsel - anticipated litigation (Government Code 54956.9(b)(1). Description: Significant exposure to litigation (one case). Page No: No written materials in packet PLEDGE OF ALLEGIANCE – 6:45 p.m. ROLL CALL CEREMONIAL MATTERS – PRESENTATIONS 2.Subject: Presentation from North Valley Job Training Consortium (NOVA), a non-profit federally-funded employment and training agency. Recommended Action: Receive presentation Page No: No written materials in packet 3.Subject: Proclamation recognizing Pancreatic Cancer Awareness Month in Cupertino. Recommended Action: Present proclamation Page No: No written materials in packet November 16, 2010 Cupertino City Council Cupertino Redevelopment Agency 4.Subject: Proclamation for Marina Foods and Khong Guan Corporation in recognition for efforts to mitigate the economic impact from the bankruptcy of Tin Tin Super Market. Recommended Action: Present proclamation Page No: No written materials in packet 5.Subject: Recognizing 26 students for their volunteer work at Silicon Valley Korean School. Recommended Action: Present letters of commendation Page No: No written materials 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. 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. 6.Subject: Accounts Payable for period ending October 29, 2010 Recommended Action: Adopt Resolution No. 10-206 Draft Resolution Page No: 11 7.Subject: Payroll for period ending October 29, 2010 Recommended Action: Adopt Resolution No. 10-207 Draft Resolution Page No: 23 8.Subject: Accounts Payable for period ending November 5, 2010 Recommended Action: Adopt Resolution No.10-208 Draft Resolution Page No: 24 9.Subject: Treasurer's Investment and Budget Report for quarter ending September 2010 Recommended Action: Accept the report Staff Report Investment Portfolio Pie & Rate of Return Chart & Compliance Schedule General Fund Budget Report Page No: 37 November 16, 2010 Cupertino City Council Cupertino Redevelopment Agency 10.Subject: Alcoholic Beverage License, Shangkee Noodle (formerly TK Noodle), 20735 Stevens Creek Boulevard Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. Staff Report Alcoholic Beverage Licenses Application Page No: 44 11.Subject: Alcoholic Beverage License, Gumbas, 21678 Stevens Creek Boulevard. Recommended Action: Approve application for On-Sale Beer & Wine for Bona Fide Public Eating Place. Staff Report Alcohol Beverage License Application Page No: 46 12.Subject: Alcoholic Beverage License, Cupertino Valero, 10002 North De Anza Boulevard. Recommended Action: Approve application for Off-Sale Beer & Wine License. Staff Report Alcohol Beverage License Application Page No: 50 13.Subject: Alcoholic Beverage License, Little Sheep Mongolian Hot Pot, 19062 Stevens Creek Blvd Recommended Action: Approve application for On-Sale Beer & Wine for Bona Fide Public Eating Place. Staff Report Alcoholic Beverage License Application Page No: 52 14.Subject: Quitclaim Deed and Authorization for Underground Water Rights, Jason S. Tan, 10540 Wunderlich Drive. Recommended Action: Adopt Resolution No. 10-209 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: 54 November 16, 2010 Cupertino City Council Cupertino Redevelopment Agency 15.Subject: Quitclaim Deed and Authorization for Underground Water Rights, Suman Sagar Cherukuri and Sreedevi Chalasani, 22487 Palm Avenue. Recommended Action: Adopt Resolution No. 10-210 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: 60 16.Subject: Municipal Improvements, Stelling Palms of Cupertino, LLC, 10855 N. Stelling Road. Recommended Action: Accept Municipal Improvements. Description: Municipal improvements include sidewalk, curb & gutter, driveway approach, street striping, paving and new utility services. Staff Report Page No: 67 17.Subject: Municipal Improvements, Joshua and Shabnam Richardson, 10650 Santa Lucia Road. Recommended Action: Accept Municipal Improvements. Description: Municipal improvements include curb & gutter, driveway approach, street paving and new utility services. Staff Report Page No: 68 18.Subject: Municipal Improvements, Huei-Hwang Hung and Tracy Hsu, 21871 Dolores Avenue. Recommended Action: Accept Municipal Improvements. Description: Municipal improvements include sidewalk, curb & gutter, driveway approach, and street paving. Staff Report Page No: 69 19.Subject: Delegate authority to the Director of Administrative Services to act in all matters relating to excess workers’ compensation insurance with the California State Association of Counties (CSAC) Excess Insurance Authority (EIA), except as to actions that must be approved by the City Council. Recommended Action: Adopt Resolution No. 10-211 Staff Report Draft Resolution Page No: 70 November 16, 2010 Cupertino City Council Cupertino Redevelopment Agency 20.Subject: Santa Clara County Cities Association bylaws amendment. Recommended Action: Review and approve the amended bylaws. Description: Approval of at least 2/3 of the member jurisdictions is required. Memo from Cities Association Executive Director Bylaws revisions Page No: 72 21.Subject: Federal Surface Transportation (STP) and/or Congestion Mitigation and Air Quality Improvement (CMAQ) funding. Recommended Action: Adopt Resolution No. 10-212 Description: A resolution expressing local support for the STP/CMAQ funding program, authorizing the filing of an application for funding and committing the necessary non-federal match, and stating the assurance to complete the project. Staff Report Draft Resolution Page No: 84 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 22.Subject: Application to allow entertainment uses and activities to operate until 2:00 a.m. at the Oaks Shopping Center. Recommended Action: Approve modification to a Use Permit at Oaks Shopping Center. Description: Application: M-2010-02; Applicant: Al Parsano (Modena Investment, LP & Sunnyvale Holding, LLC); Location: 21255-21275 Stevens Creek Boulevard; Application Summary: Use Permit Modification to allow commercial entertainment establishments and live entertainment activities and to extend the hours of operation for such uses to 2:00 AM in the Oaks Shopping Center. Staff Report A. PC Reso No. 6612 B. PC Staff Report 10-12-10 C. Draft PC Minutes 10-12-10 D. Site Plan for the Shopping Center E. Applicant Request Letters F. General Commercial Zoning Ordinance G. Master Use Permit for the Oaks Shopping Center (U-1986-20) H. Use Permit for the Hotel & Mixed Use building at the Oaks (U-2007-04) I. Public Correspondence J. Letter & Opponent's Accoustical Report Page No: 89 November 16, 2010 Cupertino City Council Cupertino Redevelopment Agency 23.Subject: Parking Ordinance Amendment Recommended Action: Approve recommended amendments to the Parking Ordinance and conduct the first reading of Ordinance No. 10-2071 Description: Application: MCA-2010-05; Applicant: City of Cupertino; Location: Citywide; Application Summary: Municipal Code Amendment to Chapter 19.100 (Parking Ordinance) of the Cupertino Municipal Code to clarify language regarding storage and parking of vehicles. An ordinance of the City Council of the City of Cupertino amending Chapter 19.100 (Parking Regulations) of the Cupertino Municipal Code with associated amendments to Chapter 19.08 (Definitions Ordinance) related to clarifying language regarding storage and parking of heavy equipment, aircraft and planned non-operational vehicles in residential zones. Staff Report A. Draft Ordinance B. Draft Planning Commission Minutes for 10/12/10 C. Planning Commission Staff Report 10-12-2010 D. Planning Commission Resolution No. 6613 E. Strikethrough version of Chapter 19.08 (Definitions) and 19.100 (Parking)(Partial) Page No: 387 24.Subject: Community Development Block Grant (CDBG) 2010 Annual Plan Amendment Recommended Action: Consider adopting Resolution No. 10-213 amending the 2010 CDBG Annual Plan to reallocate $21,130 in CDBG funds from West Valley Community Service’s Rotating Shelter Program to the West Valley Community Service’s Haven to Home Program and authorizing the City Manager to submit the amended plan to the Department of Housing and Urban Development (HUD). Staff Report Letter from WVCS concerning dissolution of Rotating Shelter Program Letter from WVCS proposing regarding Haven to Home proposal Haven to Home Program Description Amended 2010 CDBG Annual Plan Draft Amended 2010 Annual Plan Resolution Page No: 495 UNFINISHED BUSINESS 25.Subject: Report on the status of the Solar Power Purchase Agreement (SPPA) project (continued from November 1). Recommended Action: Receive report and provide direction to staff. Staff Report Attachment A Attachment B Page No: 516 November 16, 2010 Cupertino City Council Cupertino Redevelopment Agency NEW BUSINESS 26.Subject: Adoption of 2010 California Building Code Standards Recommended Action: Adopt 2010 California Building Code Standards and conduct the first reading of Ordinance No. 10-2072 Description: An Ordinance of the City Council of the City of Cupertino amending Chapter 16 of the Cupertino Municipal Code and adopting the 2010 California Building Code Standards with appendices and amendments thereto. Staff Report Draft Ordinance Page No: 585 27.Subject: Possible change to the City Council meeting schedule Recommended Action: Consider cancelling the December 21 meeting. Description: A decision is necessary at this time in order to accommodate newspaper deadlines for public hearing notices. Page No: No written materials in packet 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 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.