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01-04-11 Bookmarked Agenda.pdf AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, January 4, 2011 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS – PRESENTATIONS 1. Subject: Proclamation for FIRST 5 for their important work in children’s health and well- being Recommended Action: Present proclamation Page: 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. 6:50 (10) 7:00 (10) Tuesday, January 4, 2011 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. 2. Subject: Accounts Payable for period ending December 17, 2010 Recommended Action: Adopt Resolution No. 11-001 Draft Resolution Page: 3. Subject: Payroll for period ending December 22, 2010 Recommended Action: Adopt Resolution No. 11-002 Draft Resolution Page: 4. Subject: Alcoholic Beverage License, Togos Sandwiches, 21267 Stevens Creek Boulevard, Suite 314 (Oaks Shopping Center) Recommended Action: Approve application for on sale beer Staff Report Application for Alcoholic Beverage License Page: 5. Subject: Alcoholic Beverage License, Flight Wine & Food, 20333 Stevens Creek Boulevard (Cafe Torre) Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place Staff Report Application for Alcoholic Beverage License Page: 6. Subject: Alcoholic Beverage License, One Eyed Spirits, 19200 Stevens Creek Boulevard, Suite 200 Recommended Action: Approve application for Distilled Spirits Importer and Wholesaler Staff Report Application for Alcoholic Beverage License Page: 7. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Vivekanand Karnataki and Deepti Naik, 10122 Bret Avenue Recommended Action: Adopt Resolution No. 11-003 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 Resolution Quitclaim Deed Map Page: 7:10 (10) Tuesday, January 4, 2011 Cupertino City Council Cupertino Redevelopment Agency 8. Subject: Municipal Improvements, Kelly Gordon Development Corp., 10231 Amelia Court Recommended Action: Accept Municipal Improvements Description: Municipal improvements include sidewalk, curb & gutter, driveway approach, paving and new utility services Staff Report Map Page: ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 9. Subject: Appeal of an approval of a wireless service facility on Results Way Recommended Action: Consider an appeal of the Planning Commission approval for a personal wireless service facility at the existing Results Way office park Description: Application Nos: U-2010-03, EXC-2010-04, TR-2010-31; Applicant: Dave Yocke (AT&T); Appellants: Allen Wang, Grace Chen, Guo Jin; Address: Results Way (rear parking lot); APN: 357-20-042; Application Summary: 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 Staff Report A. Council appeal staff report dated 11/1/10 B. City Council Meeting Minutes from 11/1/10 C. Letter from property owner Embarcadero Capital Partners to AT&T dated 12/3/10 D. Email from property owner ECI Two Results, LLC to City & AT&T dated 12/16/10 E. Letter to Applicant and PC Res. #6604 F. PC Meeting Minutes from 9/14/10 G. PC Staff Report dated 9/14/10 H. Appeal of U-2010-03, EXC-2010-04 & TR-2010-31 dated 9/28/10 I. SCC Sheriff's Letter dated 6/23/10 J. Photosimulations of monopine (3) K. AT&T Facility Alternate Sites Aerial Map L. Communications from TIC Commissioners M. Public Correspondence N. AT&T Mobility Proposed Base Station (Site No. CN3242A/Results Way, Cupertino, California/Statement of Hammett & Edison, Inc., Consulting Engineers, dated 10/26/10 O. Existing and Proposed Coverage Maps P. Planning Commission-approved Plan Set Page: 7:20 (120) Tuesday, January 4, 2011 Cupertino City Council Cupertino Redevelopment Agency 10. Subject: Appeal of the Director's decision allowing a parking pad to be located at a duplex located at 967 Miller Avenue Recommended Action: Consider the appeal Description: Application: DIR-2010-30; Appellant: Erwin Wolf; Applicant: Linda Shen- Jung (GLSAA, LLC); Location: 965-967 Miller Avenue; APN: 369-19-052; Application Summary: Appeal of a Director’s Minor Modification decision to allow paving in the front yard of an existing duplex for the purpose of a parking stall at 965-967 Miller Avenue staff report A. Planning Commission Resolution No. 6619 B. Director's Minor Modification DIR-2010-30 dated 9/23/10 C. Appeal Petition for DIR-2010-30 dated 10/5/10 D. Planning Commission Staff Report for Appeal of DIR-2010-30 dated 12/14/10 Page: 11. Subject: Application for modification of an existing mixed-use development (M-2010-08) located at 19501-19507 Stevens Creek Boulevard (Metropolitan) Recommended Action: Consider a Modification (M-2010-08) to the Use Permit 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: 316-49-111 and 316-49-112; Application Summary: Amendment (M-2010-08) to a Modification application (M-2010-03) of a previously-approved Use Permit (U-2003-04) to amend Condition No. 2 (Parking) to allow the parking requirements to be incorporated into an appropriate alternate legal document as deemed acceptable to the City Attorney and Director of Community Development in lieu of the covenants, conditions and restrictions (CC&Rs) Staff Report A. Planning Commission Resolution No. 6620 B. City Council Action Letter of October 7, 2010 C. Applicant's Justification Letter D. Draft Parking License Agreement for Building A E. Draft Parking License Agreement for Building B F. Planning Commission staff report of December 14, 2010 G. Declaration of Restrictive Covenant for Building A H. Declaration of Restrictive Covenant for Building B Page: 9:20 (60) 10:20 (20) Tuesday, January 4, 2011 Cupertino City Council Cupertino Redevelopment Agency 12. Subject: Planned Development Ordinance Recommended Action: Conduct the first reading of Ordinance No. 11-2073 Description: Application: MCA-2010-06; Applicant: City of Cupertino; Location: Citywide; Application Summary: Municipal Code Amendment to Chapter 19.48 (Planned Development) to be consistent with the 2010 Housing Element; "An Ordinance of the City Council of the City of Cupertino amending Chapter 19.48 (Planned Development) of the Cupertino Municipal Code to be consistent with the 2010 Housing Element" Staff Report A. Ordinance No. 10-XXXX B. PC Model Reso C. PC Staff Report of 11-9-10 D. Draft PC Minutes of 11-9-10 E. Strikethrough version of proposed amendments to Chapter 19.48, Planned Development (P) Zones F. Strikethrough version of proposed amendments to Chapter 19.72, Private Recreation (FP) Zone G. Strikethrough version of proposed amendments to Chapter 19.124, Planned Development Permit, Conditional Use Permit, and Variance H. Strikethrough version of proposed amendments to Chapter 20.04, Specific Plans Page: UNFINISHED BUSINESS NEW BUSINESS 13. Subject: Council assignments for local and regional organizations and agencies Recommended Action: Select assignments Page: No written materials in packet ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT 10:40 (20) 11:00 (10) 11:10 Tuesday, January 4, 2011 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.