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11-29-10 Bookmarked Agenda.pdf AGENDA CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING 10350 Torre Avenue, Community Hall Council Chamber Monday, November 29, 2010 6:00PM PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION 1.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. 2.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 lessee per RFP Under negotiation: Lease -price and terms of payment (RFP) Recommended Action:n/a Page No:No written materials in packet. CEREMONIAL MATTERS –PRESENTATIONS 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. Monday, November 29, 2010Cupertino CityCouncil 3.Subject:Quitclaim Deed and Authorization for Underground Water Rights, Duen Yuen Wong and Yanti Hidajat, 20955 Alves Drive. Recommended Action:Adopt Resolution No. 10-214. 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:7 4.Subject:Quitclaim Deed and Authorization for Underground Water Rights, Cheng-Chih Hsu and Yi-Ting Wu, 20136 Peachtree Lane. Recommended Action:Adopt Resolution No. 10-215. 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:14 5.Subject:Quitclaim Deed and Authorization for Underground Water Rights, Steven K. Yoshimoto and Catherine A. Yoshimoto, 21120 Canyon Oak Way. Recommended Action:Adopt Resolution No. 10-216. 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:20 6.Subject:Maintenance Agreement, Wen Chung Stewart Wu and Cheng Yuan Tourisa Wu, 10077 Scenic Boulevard. Recommended Action:Adopt Resolution No. 10-217. Description:The property owners of this single family residential development will be required to maintain all non-standard items within the City’s right of way. Draft Resolution Maintenance Agreement Map Page:26 ITEMS REMOVED FROM THE CONSENT CALENDAR(above) PUBLIC HEARINGS 7.Subject:Appeal of a Director's Approval for a personal wireless service facility at 11371 Bubb Road. Monday, November 29, 2010Cupertino CityCouncil Recommended Action:Deny appeal (See Attachment A. Planning Commission Resolution No. 6616) Description:Application: DIR-2010-28 Appeal Applicant: Dayna Aguirre (for T-Mobile) Appellant: Shaul Berger Location: 11371 Bubb Road, APN 356-23-047 Application Summary: Appeal of a Director's Minor Modification to allow a personal wireless service facility withthree panel antennas and four associated equipment boxes to be installed on an existing PG&E pole located in front of 11371 Bubb Road. Staff Report A. PC Resolution No. 6616 B. Director's Minor Mod. DIR-2010-28 C. Appeal Petition of DIR-2010-28 D. PC Staff Report dated 11/9/2010 E. Draft PC Minutes from 11/9/2010 F. T-Mobile RF Energy Study G. Supplemental Response Letter by Hammett & Edison H. Public Correspondence I. Photosimulations (3) J. Coverage Maps K. Plan Set Page:34 UNFINISHED BUSINESS NEW BUSINESS 8.Subject:Agreement with the Association of Bay Area Governments (ABAG) to receive grant funds for the installation of trash capture devices. Recommended Action:Adopt a resolution 10-218 authorizing the City Manager to execute the agreement. Description:This agreement will allow the City to receive grant funds for the installation of trash capture devices (TCDs) as required by the State Water Resources Control Board. Staff Report Draft Resolution Agreement Page:90 9.Subject:Stevens Creek Corridor Park, Phase II, Progress Update. Recommended Action:Review alternatives relative to potential grant funding. Description:A summary of the impacts of accepting known and expected grants on the currently approved project scope, schedule and budget. Staff Report Funding Summary Page:121 Monday, November 29, 2010Cupertino CityCouncil 10.Subject:Scenic Circle Access, Progress Update. Recommended Action:Review the final design and authorize bidding in early December 2010 for Scenic Circle Access. Description: Staff Report Site Plan Page:126 ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT 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.