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09-07-10 Bookmarked Agenda.pdf AGENDA CUPERTINO CITY COUNCIL ~ SPECIAL MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber 10300 Torre Avenue, City Hall Conference Room A Tuesday, September 7, 2010 4:00 p.m. CITY COUNCIL MEETING INTERVIEWS – 4:00 p.m. Conference Room A 1. Subject: Parks & Recreation and Fine Arts Commission interviews. Recommended Action: Conduct interviews and make appointments. RECESS ROLL CALL CLOSED SESSION – 5:00 p.m. Community Hall 2. Subject: Conference with legal counsel - anticipated litigation (Government Code 54956.9(b)(1)). Description: Significant exposure to litigation (one case). 3. Subject: Conference with legal counsel – existing litigation (Government Code 54956.9(a)). Description: a. City of Cupertino v. Yuen et al. Santa Clara County Superior Court. b. City of Cupertino v. Mansfield et. al. Santa Clara County Superior Court (In re Mansfield, United States Bankruptcy Court). PLEDGE OF ALLEGIANCE – 6:45 p.m. Council Chamber ROLL CALL CEREMONIAL MATTERS – PRESENTATIONS 4. Subject: Proclamation recognizing the student volunteers who worked for the Organization of Special Needs Families (OSF) summer program. Recommended Action: Present proclamation. September 7, 2010 Cupertino City Council Cupertino Redevelopment Agency 5. Subject: Proclamation recognizing Daniel Nguyen, Chair of the Public Safety Commission, for his willingness to come to the aid of another on Saturday, August 28, at the Happy Kid's Day Event. Recommended Action: Present proclamation 6. Subject: Proclamation declaring the month of September as Prostate Cancer month Recommended Action: Present proclamation 7. Subject: Proclamation for the Library Foundation and others recognizing the new Teen Room at the Cupertino Library. Recommended Action: Present proclamations 8. Subject: Presentation from Toyokawa Sister City Committee and Delegates. Recommended Action: Accept presentation 9. Subject: Presentation acknowledging the City's support and participation in the 2010 Census. Recommended Action: Receive presentation from the Seattle Regional Census Center. 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. 10. Subject: Accounts Payable for period ending August 13, 2010 Recommended Action: Adopt Resolution No.10-163 Draft Resolution Page No: 12 11. Subject: Accounts Payable for period ending August 20, 2010 Recommended Action: Adopt Resolution No. 10-164 Draft Resolution Page No: 24 September 7, 2010 Cupertino City Council Cupertino Redevelopment Agency 12. Subject: Accounts Payable for period ending August 27, 2010 Recommended Action: Adopt Resolution No.10-165 Draft Resolution Page No: 33 13. Subject: Payroll for period ending August 20, 2010 Recommended Action: Adopt Resolution No.10-166 Draft Resolution Page No: 45 14. Subject: July 20 City Council minutes. Recommended Action: Approve minutes. Draft Minutes Page No: 46 15. Subject: Endorse Proposition 22, the Local Taxpayer, Public Safety and Transportation Protection Act of 2010. Recommended Action: Endorse proposition. Description: This item has been recommended for approval by the City Council Legislative Committee in order to protect municipal revenues from state take-aways. Page No: 60 16. Subject: Alcoholic Beverage License, Kento Bowl Restaurant, 21670 Stevens Creek Boulevard. Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. Staff Report Department of Alcohol and Beverage Control Application Page No: 62 17. Subject: Alchohol Beverage License, Shanghai Restaurant, 10877 North Wolfe Road. Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. Staff Report Department of Alcoholic Beverage Control Application Page No: 64 18. Subject: Alcohol Beverage License, Florentines, 10275 South De Anza Boulevard. Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. Staff Report Department of Alcoholic Beverage Control Application Page No: 68 19. Subject: Alcohol Beverage License, Fontana's Italian Restaurant, 20840 Stevens Creek Boulevard. September 7, 2010 Cupertino City Council Cupertino Redevelopment Agency Recommended Action: Approve application for On-Sale General for Bona Fide Public Eating Place. Staff Report Department of Alcohol & Beverage Control Application Page No: 71 20. Subject: Alcohol Beverage License, One Pot, 19648 Stevens Creek Boulevard (Marketplace). Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. Staff Report Department of Alcoholic Beverage Control Application Page No: 74 21. Subject: Improvement Agreement, 10216 Pasadena Avenue. Recommended Action: Adopt Resolution No. 10- 167 Draft Resolution Improvement Agreement Map Page No: 76 22. Subject: Parcel Map, 10216 Pasadena Avenue. Recommended Action: Adopt Resolution No. 10-168 Description: Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. Draft Resolution Map Page No: 90 23. Subject: Parcel Map, 10231 Amelia Court. Recommended Action: Adopt Resolution No. 10-169 Description: Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. Draft Resolution Map Page No: 92 September 7, 2010 Cupertino City Council Cupertino Redevelopment Agency 24. Subject: Municipal Improvements, 10630 Linnet Lane. Recommended Action: Accept Municipal Improvements. Description: The applicant has completed City-specified improvements in the City right-of- way including sidewalk, curb & gutter, driveway approach and grading as required by the improvement agreement with the City. Map Page No: 94 25. Subject: Grant of Easement for Roadway Purposes, 10131 Santa Clara Avenue. Recommended Action: Adopt Resolution No. 10-170 Draft Resolution Grant of Easement Map Page No: 95 26. Subject: Grant of Easement for Streetlight Purposes, 822 Candlewood Drive. Recommended Action: Adopt Resolution No. 10-171 Draft Resolution Grant of Easement Map Page No: 101 27. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10131 Santa Clara Avenue. Recommended Action: Adopt Resolution No. 10-172 Draft Resolution Quitclaim Deed Map Page No: 107 28. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10300 Palo Vista Road. Recommended Action: Adopt Resolution No. 10-173 Draft Resolution Quitclaim Deed Map Page No: 113 29. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10544 Johnson Avenue. Recommended Action: Adopt Resolution No. 10-174 Draft Resolution Quitclaim Deed Map Page No: 120 September 7, 2010 Cupertino City Council Cupertino Redevelopment Agency 30. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10149 Judy Avenue Recommended Action: Adopt Resolution No. 10-175 Draft Resolution Quitclaim Deed Map Page No: 126 31. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 822 Candlewood Drive. Recommended Action: Adopt Resolution No. 10-176 Draft Resolution Quitclaim Deed Map Page No: 132 32. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 7541 Orange Blossom Drive. Recommended Action: Adopt Resolution No. 10-177 Draft Resolution Quitclaim Deed Map Page No: 138 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 33. Subject: Vacate a portion of city right of way on Stevens Canyon Road at 22621 Ricardo Road. Recommended Action: Adopt Resolution 10-178 Staff Report Draft Resolution Map Page No: 143 UNFINISHED BUSINESS September 7, 2010 Cupertino City Council Cupertino Redevelopment Agency NEW BUSINESS 34. Subject: Discussion of possible removal of the phrase "electronic gates" from Municipal Code Section 19.100. Recommended Action: Direct staff regarding ordinance revisions, if any (Ordinance No. 10- 2068) Description: Applicant - City of Cupertino Location - Citywide Application - Fence Ordinance Amendments to clean up language with regard to Driveway and Roadway Gates. Fence ordinance - electronic gates A. Letter to Mr. Jiang dated September 1, 2010 B. Policy 2-22 C. Fence Ordinance Page No: 149 35. Subject: Public Safety Commission unscheduled vacancy. Recommended Action: Select application deadline date of Monday, September 13 and interview date of September 21 beginning at 5:30 p.m. ORDINANCES 36. Subject: Amend the Cupertino Municipal Code to allow a stop sign on Lilac Way and Rose Blossom Drive. Recommended Action: Conduct the second reading of Ordinance No. 10-2067 Description: An ordinance of the City Council of the City of Cupertino amending Section 11.20.020 of the Cupertino Municipal Code relating to establishment of vehicular stop required at certain intersections; Lilac Way/Lilac Court at Rose Blossom Drive. Staff Report Draft Ordinance Map Page No: 160 STAFF REPORTS COUNCIL REPORTS ADJOURNMENT September 7, 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.