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09-07-10 Bookmarked Packet.pdfTable of Contents Agenda 4 Accounts Payable for period ending August 13, 2010 Draft Resolution 12 Accounts Payable for period ending August 20, 2010 Draft Resolution 24 Accounts Payable for period ending August 27, 2010 Draft Resolution 33 Payroll for period ending August 20, 2010 Draft Resolution 45 July 20 City Council minutes. Draft Minutes 46 Endorse Proposition 22, the Local Taxpayer, Public Safety and Transportation Protection Act of 2010. Staff Report 60 Alcoholic Beverage License, Kento Bowl Restaurant, 21670 Stevens Creek Boulevard. Staff Report 62 Department of Alcohol and Beverage Control Application 63 Alchohol Beverage License, Shanghai Restaurant, 10877 North Wolfe Road. Staff Report 64 Department of Alcoholic Beverage Control Application 65 Alcohol Beverage License, Florentines, 10275 South De Anza Boulevard. Staff Report 68 Department of Alcoholic Beverage Control Application 69 Alcohol Beverage License, Fontana's Italian Restaurant, 20840 Stevens Creek Boulevard. Staff Report 71 Department of Alcohol & Beverage Control Application 72 Alcohol Beverage License, One Pot, 19648 Stevens Creek Boulevard (Marketplace). Staff Report 74 Department of Alcoholic Beverage Control Application 75 Improvement Agreement, 10216 Pasadena Avenue. Draft Resolution 76 Improvement Agreement 78 Map 89 Parcel Map, 10216 Pasadena Avenue. Draft Resolution 90 Map 91 Parcel Map, 10231 Amelia Court. Draft Resolution 92 1 Map 93 Municipal Improvements, 10630 Linnet Lane. Map 94 Grant of Easement for Roadway Purposes, 10131 Santa Clara Avenue. Draft Resolution 95 Grant of Easement 96 Map 100 Grant of Easement for Streetlight Purposes, 822 Candlewood Drive. Draft Resolution 101 Grant of Easement 102 Map 106 Quitclaim Deed and Authorization for Underground Water Rights, 10131 Santa Clara Avenue. Draft Resolution 107 Quitclaim Deed 108 Map 112 Quitclaim Deed and Authorization for Underground Water Rights, 10300 Palo Vista Road. Draft Resolution 113 Quitclaim Deed 114 Map 119 Quitclaim Deed and Authorization for Underground Water Rights, 10544 Johnson Avenue. Draft Resolution 120 Quitclaim Deed 121 Map 125 Quitclaim Deed and Authorization for Underground Water Rights, 10149 Judy Avenue Draft Resolution 126 Quitclaim Deed 127 Map 131 Quitclaim Deed and Authorization for Underground Water Rights, 822 Candlewood Drive. Draft Resolution 132 Quitclaim Deed 133 Map 137 Quitclaim Deed and Authorization for Underground Water Rights, 7541 Orange Blossom Drive. Draft Resolution 138 Quitclaim Deed 139 Map 142 Vacate a portion of city right of way on Stevens Canyon Road at 22621 Ricardo Road. Staff Report 143 Draft Resolution 144 2 Map 148 Discussion of possible removal of the phrase "electronic gates" from Municipal Code Section 19.100. Fence ordinance - electronic gates 149 A. Letter to Mr. Jiang dated September 1, 2010 152 B. Policy 2-22 154 C. Fence Ordinance 155 Amend the Cupertino Municipal Code to allow a stop sign on Lilac Way and Rose Blossom Drive. Staff Report 160 Draft Ordinance 161 Map 162 3 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. 4 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 5 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. 6 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 7 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 8 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 9 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 10 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. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, July 20, 2010 ROLL CALL At 3:00 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. Present: Mayor Kris Wang and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: Vice Mayor Gilbert Wong. STUDY SESSION – 3:00 p.m. 1. Receive a report from the Bay Area Air Quality Management District (BAAQMD) and Santa Clara County. Topics will be air quality regulations, standards, monitoring, and reclamation as they relate to the Lehigh Cement Plant immediately adjacent to the City. (No documentation in packet). The City Clerk distributed email correspondence between Susan Sievert and Mayor Kris Wang regarding Ms. Sievert’s desire for a written report from BAAQMD. The City Clerk also distributed a memorandum dated July 20 from the County’s Planning and Development Office regarding an update on the reclamation plan amendment proposals on file related to the Permanente Quarry. Brian Bateman, Director of Engineering, BAAQMD, addressed the following issues: Title V permit renewal; rule development activities; new and upcoming emission controls and monitors; updated emission inventory and health risk assessments compliance; air monitoring; and next steps. Mr. Batemen said that Title V permit listed Lehigh’s applicable air emissions standards and compliance provisions, and in 2009 it was withdrawn. It will be subject to public comment in mid-September under the new rules going into effect August 6 of this year. Mr. Batement noted that there were three monitoring sites, at Stevens Creek Elementary School, the International Baptist Church and Monta Vista Park. Results would be put on the City’s website, but it would take at least a year to establish testing standards. Mr. Bateman said the next steps would be to evaluate final EPA NESHAP amendments; reissue draft Title V permit renewal; finalize BAAQMD control measures; evaluate permit application for emission control projects; review updated health risk assessment; operate Monta Visa Park air monitoring station; review reclamation plan amendment EIRs; and continue frequent plant inspection. 46 July 20, 2010 Cupertino City Council Page 2 Gary Rudholm, Senior Planner with the Santa Clara County Planning Office discussed two reclamation plans received from Lehigh. The East Materials Storage Area reclamation plan amendment addressed a notice of violation issued on June 20, 2008, and would provide permanent placement of overburden material from the existing mine pit and for re-vegetation of the final slopes. A copy of the notice of preparation of the draft EIR was posted on the County’s planning site, (www.sccplanning.org). Public distribution was tentatively set for October 2010, with a public hearing scheduled for November 2010. A public hearing on the final EIR and storage area reclamation plan was scheduled for February or March 2011 before the County Planning Commission. Mr. Rudholm next discussed the Comprehensive Reclamation Plan Amendment application to resolve a notice of violation issued in October 2006, to provide for a reclamation plan that covered all the land disturbed by mining operations, both existing disturbances and a proposed expansion, and reclaim the land consistent with current state standards. This project would span a 20-year period, and proposed an expansion to locate a second pit south of the existing pit. Mr. Rudholm explained that the County had not imposed fines because Lehigh had filed reclamation applications and they were continuing to work with the County toward a resolution of the issues. The County’s goals were compliance and abatement of the violations. Cathy Helgerson stated that she had gotten no responses from the water board, the EPA, or Washington to her request for the noncompliance reports, and she believed that people had stopped filing complaints because no action had been taken by the appropriate agencies. She believed citations should be made and the plant should be shut down. She said that pollution at the Stevens Creek Reservoir was coming from the Stevens Creek Quarry and people were eating the contaminated fish from the reservoir. She stated that she had been cited by the Sheriff’s deputies for trespassing while taking pictures at the quarry and trying to stop people from fishing. Bill Almon, member of Quarry No, commented on the 221 pound weight of mercury Lehigh reported for 2008, which was then revised to 582 pounds, and he felt this number was probably low. In 2007 there was 40% more production than in 2008 so there would have been almost 1,000 pounds of mercury emitted, which does not go away. Mr. Almon referred to a quote from BAAQMD: “They have identified a narrow band of nearby receptor locations at which the mercury air concentrations appear to be very close to levels that would require public notification.” Mr. Almon pointed out that nearby receptor locations included Cupertino. Manny Rodriguez stated that he had worked at Lehigh for twenty years and lived near the plant with his family. His two brothers also worked at the plant. He said he had gone over twelve years without a sick day, and he liked his job and the people he worked with. Karen DelCompare discussed the vested rights issue and noted that the plant existed before regulations were established in about 1976. However, a public hearing was needed to determine which areas were vested, but she did not believe this hearing had ever been 47 July 20, 2010 Cupertino City Council Page 3 held. This designation gave them privileges and rights that they would not have if they were not vested. The plant continued to stockpile materials without permits and with no fines, and she felt that the County should impose fines as a deterrent to this violation. Walter Teagues stated he had worked at the plant for 37 years and had seen three changes in ownership, and he was most impressed with the current ownership. There was a definite emphasis on safety and environmental issues, and the owners would promptly shut down production if there was an area of concern in either one of these areas. John Bartas thanked the Council for the installation of the monitoring station at Monta Vista Park. He thought that BAAQMD seemed rather biased in favor of Lehigh and this seemed evident in their earlier report to the Council. He was also disappointed at the lack of fines imposed on Lehigh for their violations. He also suggested that public officials take a pledge not to work for Lehigh after their term of office was completed. Joyce Eden had several questions about the earlier statements made by BAAQMD, including how the reduction of mercury was calculated, how it would be determined in the future, and how it would be monitored. Ms. Eden agreed that the issue of vested rights needed to be addressed. She further noted that violations continued at the plant and the County allowed this to continue without imposing fines. Tim Brand said he was taken aback by the lack of advocacy for the citizenry by the County and BAAQMD. Several of the controls stated in the reports had been in existence for some time. He believed the report made by BAAQMD was biased to make Lehigh look good and this was symbolic of how things were run at the plant. He did not support their proposed expansion and wanted to see less pollution. Tim Matz, Corporate Director for Environmental Affairs at Lehigh, stated that they take these issues very seriously. He had been working with the US EPA on national emission standards and compliance within the cement industry since the 1990s. Lehigh was part of the Heidelberg Cement Group, a worldwide leader in the construction materials industry, which gave them a broad international knowledge base. They had technical centers around the world with the North American technical center located in Allentown, Pennsylvania. They were now working on meeting the emission reduction requirements imposed by the upcoming new rule. Henrik Wesseling, Lehigh Plant Manager, stated that it was his job to be proactive and to prepare the plant for the future. They were working on compliance with the proposed new national standards and had accomplished the first step of a 25% reduction in mercury emissions. They were now working on the second step which would include use of activated carbon which was new for the cement industry. The estimate was that this would reduce mercury emissions by 85%. He noted that they would start trials on activated carbon injection this year and when the trials were completed. He also discussed how the 25% mercury reduction was calculated. 48 July 20, 2010 Cupertino City Council Page 4 In response to inquiries from Council, Mr. Rudholm said that he would ask the appropriate County department to provide Council with information on any complaints related to this site. Councilmember Mahoney stated that he did not believe there were any significant health issues related to the plant. The EPA was moving forward and BAAQMD was doing a good job. However, he did believe the County should have issued fines for the violations. He did not believe the Council needed to hold another study session on this matter. Councilmember Chang questioned Councilman Mahoney’s comments about there being no health issues, and he believed another study session should be held when the draft EIR was completed. Councilmember Santoro stated that the study sessions had been helpful and public input was important. He believed the current Lehigh owners were doing a good job and that another study session was not needed. However, if there was a significant issue raised in the future Council could discuss the matter. Mayor Wang noted that this issue was not in the Council’s jurisdiction but she thanked the agencies for attending and answering questions for the public’s benefit. She also did not think another study session would be needed as the appropriate agencies would continue with the process and opportunities would be available for public input. RECESS Council was in recess from 6:15 p.m. to 6:48 p.m. CLOSED SESSION - None PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Kris Wang called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Kris Wang and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: Vice Mayor Gilbert Wong. CEREMONIAL MATTERS – PRESENTATIONS 2. Proclamation to Mr. Vishwajith Singh and Mr. Sujith Vishwajith for their quick response in helping to save their neighbor’s life. (No documentation in packet). Mayor Wang presented the proclamation to Mr. Singh and Mr. Vishwajith. Resident Mahesh Nihalani presented flowers as well. 49 July 20, 2010 Cupertino City Council Page 5 3. Presentation from Richard Santos, Chair of the Santa Clara Valley Water District regarding the most current issues impacting both jurisdictions. (No documentation in packet). Board of Directors member Patrick Kwok introduced Chair Santos. Mr. Santos updated the Council on what the Water District has been doing. He stated that the District continues to provide, safe and reliable drinking water to well owners with no increase in groundwater charges for the 3rd consecutive year. He explained that the District replenishes underground aquifers, protects groundwater from pollutants, constructs, operates and maintains infrastructure like pipelines, ponds, treatments plants, and dams. He noted that the District Act was comprehensively updated to strengthen the water districts ability to manage local water resources by providing stronger, more protective conservation tools, amplifying the District’s authority with respect to water quality protection, modernizing the Act to provide climate change language to update the current realities from 50 years ago. He highlighted projects of interest to Cupertino: 1) Initiating the first stages of the Permanente Creek Flood Protection project scheduled to be completed by 2016; 2) Redistricting - now have 7 districts; 3) Water conservation - extended the mandatory 10% reduction to September. He distributed a booklet titled, "Water Use Efficiency Year End Report." Chris Allias from the Water District responded to a question from Councilmember Chang regarding if water is pumped from the Stevens Creek reservoir to the recharge pond and if it’s used for drinking water? He said that the water doesn’t flow from Stevens Creek into the recharge pond. The recharge pond is fed by imported water from the delta. Water that is in the underground basin is highly filtered and mercury content doesn’t transfer that far deep into the water well. Mercury in the air is a universal problem even as far as China, and science is still dealing with these things. He guaranteed Council that the District continues to supply high quality, reliable water to its citizens in the community. Council viewed a tape showing the percolation ponds near Bubb and McClellan Roads. Patrick Kwok said that he looked at the ponds and discussed with staff how to continue maintaining them. He said he would get back to Council on the progress. POSTPONEMENTS - Item No. 25 postponed to August 17 to re-notice an amended description to include reservation of a five-foot-wide pedestrian easement along Stevens Canyon Road. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed the following written communications: • Oral Communications: Letters from Mr. & Mrs. Ford and Tom & Jackie Kritzer to the Fremont Union High School District regarding school sports field lighting • Item No. 8, Memorandums of Understanding for bargaining groups: amended pages • Item No. 28, Bicycle Lanes and Routes ordinance: amended designations • Item No. 30: League of California Cities Conference: Email from Vice Mayor Wong asking to be appointed as the voting delegate to the conference and giving details of his activities for Council reports 50 July 20, 2010 Cupertino City Council Page 6 ORAL COMMUNICATIONS Written communications for this item included letters from Mr. & Mrs. Ford, and Tom & Jackie Kritzer, to the Fremont Union High School District regarding school sports field lighting. Ed Ford said that there is a group from the Monta Vista and Lynbrook areas that has formed an organization regarding not wanting lights or extended field usage to 10:30 p.m., 6 days a week at both of the high schools. He said they have attended meetings at the Fremont Union High School District (FUHSD) and communication with the School Board has failed. He said the group met with Mayor Wang to see if the City could bridge the communication with the Board. He distributed samples of letters sent from their group to the FUHSD regarding the Environmental Impact Report (EIR), and samples of letters from residents before the schools were built promising no lights were to be built there. He noted that Monta Vista is the smallest campus with the most students and is totally surrounded by housing and the lights would impact the quality of life of all the residents living nearby. He also distributed a petition. Doris Live-Zey said she is a San Jose resident in the Lynbrook neighborhood. She said what is happening at Monta Vista is also happening at Lynbrook. She said she has submitted comments on the EIR to the San Jose City Planner regarding having no lights on the school fields. David Radtke said he appreciated the City’s comments in Notice of Preparation of the EIR asking that the City’s noise ordinance be used as a standard, and violating the ordinance should be considered a significant impact. He noted that the draft EIR shows that night football games will result in a large increase in noise greatly exceeding the City’s noise standards for a typical game. Practices also exceed the noise ordinance after 8 p.m. He quoted from the noise appendix of the EIR. Julie Irvin said she lives directly behind Monta Vista HS and several years ago the school installed lights above the swimming pool. She said that the lights shown in the neighbors’ houses all night long and into the morning; complaints were made for several years and nothing was done until recently. She explained that she went to the School Board meeting to express concern over the stadium lights and the pool lights were fixed right away, seemingly in trade. She said she is worried about the new stadium lights being installed due to noise and that just as before, the Board won’t listen to the complaints. T.S. Srinivasan said he lives in Monta Vista and is concerned about the installation of the stadium lights and playing nightly games. He noted that the District can choose to play nightly games at Homestead High School and day games at Monta Vista. He explained that installing lights at Homestead wouldn’t impact the neighbors like it would at Monta Vista. He requesting Council’s help in conveying the concerns to the District to be sure they are making use of all the facilities available. Susan Camilleri said that having day games at Monta Vista is a compromise between residents and the School District. She listed many issues with having night games and asked Council to help with communication and encourage the District to fix admitted problems by having day 51 July 20, 2010 Cupertino City Council Page 7 games at all the campuses. She noted that the district has not been responsive to complaints and once the lights are in they have little recourse. Mayor Wang responded by noting that the EIR process is currently underway and individuals may provide comments which the District has to respond to. Community Development Director Aarti Shrivastava said that the City viewed the Notice of Preparation and provided comments and will read the EIR and provide comments to mitigate as much as possible the noise and light impacts of the project. She noted a link on Cupertino’s website to the District’s website. City Attorney Carol Korade responded that the City can provide guidance to the School District in helping them make a decision that adequately analyzes all of the environmental impacts, but that it’s their decision. Robert Chansler talked about the San Francisco Shakespeare Festival and thanked Council for its years of support. He invited the community to free Shakespeare in the park, Gentlemen of Verona, beginning Aug. 14, and the following two weekends after that. He recognized Frank Jelinch who was the face of the Shakespeare festival and retired. E.J. Conens talked about the proposed park in the Rancho Area and that plans for a basketball court were removed due to lack of funds and possible noise issues. He asked Council to install the basket ball court. Public Works Director Ralph Qualls responded that the original plans were only for a half court and the neighbors didn’t want it due to the noise so the court was removed from the plans. He noted that the park would be opening in the latter part of August. Jennifer Griffin said that she thought the half court was still in the plans and the issues with the neighbor had been worked out. She said she hoped for some type of hard, play surface for kids to play hopscotch, jump rope, etc. Cathy Helgerson talked about a letter she received from Ralph Qualls saying she had interfered with quarry business and staff at the compost pile. She said that one of the staff told her to speak with one of the compost workers and she never ordered the staff member to stop doing anything. She noted that she never received a warning from the Sheriff’s department before they came to her home and served her with a misdemeanor. CONSENT CALENDAR Mahoney moved and Santoro seconded to approve the items on the Consent Calendar as recommended, with the exception of Item Nos. 16-23 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, and Wang. Noes: None. Abstain: None. Absent: Wong. 4. Approve the minutes from the May 24, 25, June 1, and June 9 City Council meetings. 5. Adopt resolutions accepting Accounts Payable for June 4, 11, 18, 25, July 2 and 9, Resolution Nos. 10-115 through 10-120. 6. Adopt resolutions accepting Payroll for June 11, 25, and July 9, Resolution Nos. 10-121 through 10-123. 52 July 20, 2010 Cupertino City Council Page 8 7. Adopt a resolution setting a hearing date of August 3 to provide for lien assessments and collection resulting from abatement of a public nuisance (brush and weeds), resolution No. 10-124. 8. Adopt resolutions approving the July 1, 2010 through June 30, 2012 terms and conditions of employment for the Cupertino City Employees’ Association, Operating Engineers Local Union No. 3, AFL-CIO, Unrepresented (Management and Confidential) Employees, and City Attorney Employees: a. Amending a Memorandum of Understanding between the City of Cupertino and the City Employees’ Association, Resolution No. 10-125 b. Amending a Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No. 3, AFL-CIO, Resolution No. 10-126 c. Amending the Unrepresented (Management and Confidential) Employees’ Compensation Program, Resolution No. 10-127 d. Adopting the City Attorney Employees’ Compensation Program, Resolution No. 10-128 e. Directing the City Manager to amend the Administrative Rules and Regulations of the Personnel Code to reflect any changes to the Memorandum of Understandings (MOU’s) and Compensation Programs, Resolution No. 10-129 Written communications distributed for this item included amended pages to the Memorandums of Understanding for the bargaining groups. 9. Accept an application for an Alcoholic Beverage License for Nutrition Restaurant (formerly Royal Teppen Steak House at Cupertino Village), 10935 N. Wolfe Rd. On-Sale Beer & Wine (41). 10. Accept Municipal Improvements, Zhihong Liu, 10651 Merriman Road, APN 342-16- 031. The applicant has completed City-specified improvements in the City right-of-way including sidewalk, curb & gutter, and driveway approach as required by the improvement agreement with the City. 11. Accept Municipal Improvements, Felicia Chow, 10460 South Foothill Boulevard, APN 357-04-010. The applicant has completed City-specified improvements in the City right-of-way including sidewalk, driveway approach, curb & gutter, required by the improvement agreement with the City. 53 July 20, 2010 Cupertino City Council Page 9 12. Accept a City Project performed under contract: Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2009-04. (No documentation in packet). The City’s contractor, Maxicrete, Inc. completed work on the 2009 Reconstruction of Curbs, Gutters and Sidewalk project. The project involved the repair of approximately 18,370 SF of sidewalk and 3193 LF of standard curb. 13. Accept a City Project performed under Contract for Quinlan Center – Plaza Renovation, Project No. 2009-9237. The City’s contractor, Robert A. Bothman, has completed work on the Quinlan Center Fountain. The work consisted of the removal of the existing fountain and appurtenances and the installation of the plaza renovation improvements that included a steel pavilion and landscaping. 14. Adopt a resolution approving an Improvement Agreement, Stephen Fung, Jimmy Tse- Min Fung and Liling Wang, 21900 Alcazar Avenue, APN 357-14-034, Resolution No. 10-130. Through the improvement agreement with the City, the applicants for a building permit for a single-family residential development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site. 15. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Stephen Fung, Jimmy Tse-Min Fung and Liling Wang, 21900 Alcazar Avenue, APN 357-14-034, Resolution No. 10-131. The property owners of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 24. Approve Extension Requests for a one year extension for the Use Permit (U-2007-06) and Architectural & Site Approval (ASA-2007-10) to construct two one-story retail buildings totaling 24,455 square feet and a one-level parking deck, Application Nos. EXT-2010-01, EXT-2010-02, and EXT-2010-03, Curt Taylor (Cupertino Village LP), 10825-10983 North Wolfe Road (Cupertino Village), APNs 316-05-050, 316-05-051, 316-05-052. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) Cathy Helgerson pulled items 16-23 and said that her issues are not being addressed by staff regarding the quitclaiming of water rights and where the water rights are going. She asked for clarification. Mr. Qualls explained that the quitclaim deeds is a standard procedure that has been in place for decades and is done so that the City can preserve the right to the underground aquifer which does not damage anyone’s property above. 54 July 20, 2010 Cupertino City Council Page 10 Mahoney moved and Santoro seconded to approve items 16-22. The motion carried with Wong absent. 16. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, I-An Feng, Frances Hsu and Osbert Feng, 10352 Mira Vista Road, APN 357-02-020, Resolution No. 10-132. 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. 17. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Robert Allen Van Hoy, Jr. and Christine P. Van Hoy, 10556 Larry Way, APN 316-02-026, Resolution No. 10-133. 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. 18. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Massoud Vameghi, M.D. and Arshifam Vameghi, 10353 Mira Vista Road, APN 357-02-041, Resolution No. 10-134. 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. 19. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Priya Pattathil and Joy A. Thomas, 22330 Regnart Road, APN 366-39-006, Resolution No. 10-135. 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. 20. Adopt a resolution approving an Improvement Agreement, Cheng-Yuan Michael Wang and Michelle Fan Wang, 10170 Santa Clara Avenue, APN 326-24-046, Resolution No. 10-136. Through the improvement agreement with the City, the applicant for a building permit for a single-family residential development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site. 21. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Cheng-Yuan Michael Wang and Michelle Fan Wang, 10170 Santa Clara Avenue, APN 326-24-046, Resolution No. 10-137. The property owners of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 55 July 20, 2010 Cupertino City Council Page 11 22. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Cheng-Yuan Michael Wang and Michelle Fan Wang, 10170 Santa Clara Avenue, APN 326-24-046, Resolution No. 10-138. 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. Council member Santoro asked to speak on item number 23 since it had already been pulled from Consent. 23. Villa Serra Apartments: a. Adopt a resolution approving a Grant Deed from the City of Cupertino to Villa Serra Apartments for a property located at 10981 Franco Court, APN 326-09-025, Resolution No. 10-139 This Grant Deed will accompany documents for the required lot line adjustment between the City of Cupertino and Villa Serra Apartments for the approved Villa Serra Public Park. The City agrees to grant a strip of land, which was previously part of the traffic operations center, to Villa Serra Apartments, for purposes of ingress and egress within the lands of Villa Serra Apartments. b. Adopt a resolution accepting a Grant Deed from Villa Serra Apartments for a property located at 20800 Homestead Road, APN 326-09-056, Resolution No. 10- 140 This Grant Deed will accompany documents for the required lot line adjustment between the City of Cupertino and Villa Serra Apartments for the approved Villa Serra Public Park. The City agrees to accept, from Villa Serra Apartments, a grant of land for the purpose of owning and maintaining the Public Park and new traffic operations center. Council member Santoro said that he thought the City had given back $400,000 to the developer in exchange for maintaining the park. City Manager David Knapp responded that the developer didn’t have to pay the $400,000 because they donated the property at the corner of Franco and Homestead and that the City would maintain the park. Developer John Moss responded that they had met all of the obligations on their end and had a full vote of approval from Council a couple of years ago agreeing that the developer would donate the land and the City would maintain the park. He noted that they couldn’t move forward with the park until the property line adjustments were made. Council and staff discussed the issue further. 56 July 20, 2010 Cupertino City Council Page 12 Mahoney moved and Santoro seconded to adopt Resolution Nos. 10-139 and 10-140 approving grant deeds from Villa Serra Apartments and directed staff to clarify what was agreed to before regarding maintenance of the park. The motion carried with Chang abstaining and Wong absent. PUBLIC HEARINGS 25. Consider adopting a resolution vacating a portion of city right of way on Stevens Canyon Road at 22621 Ricardo Road. (Staff requests this item be postponed to August 17). The owner of this parcel petitioned the City to vacate a portion of the existing right of way, adjacent to his property, which is no longer needed for roadway purposes. Under “postponements” Mahoney moved and Chang seconded to postpone the item to August 17. The motion carried unanimously with Wong absent. UNFINISHED BUSINESS - None NEW BUSINESS 26. Adopt a resolution authorizing the City Manager to negotiate and execute a Cost Sharing Agreement with Apple, Inc. to construct a concrete island on Mariani Avenue, Resolution No. 10-142. Assistant Public Works Director Glenn Goepfert reviewed the staff report. Mahoney moved and Chang seconded to adopt Resolution No. 10-142 for the cost- sharing agreement with Apple, Inc. The motion carried unanimously with Wong absent. 27. Review bids and award the contract for Pavement Restoration, Project No. 2009-08, to G. Bortolotto & Company, Inc., in the amount of $190,604.00, and approve a construction contingency of $20,000.00 to cover any unforeseen work required to complete the project, for a total of $210,604.00. Assistant Public Works Director Glenn Goepfert reviewed the staff report. Mahoney moved and Santoro seconded to award the contract to G. Bortolotto & Company. The motion carried unanimously with Wong absent. 28. Bicycle lanes and routes: a. Conduct the first reading of Ordinance No. 10-2063: “An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code Relating to Designated Bicycle Lanes.” Glenn reviewed the staff report. Written communications for this item included amended designations to the ordinances. 57 July 20, 2010 Cupertino City Council Page 13 Council member Chang left the dais and was still absent when this item was voted on. The City Clerk read the title of the ordinance. Mahoney moved and Santoro seconded to read the ordinance by title only, and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Mahoney, Santoro, and Wang. Noes: None. Absent: Chang and Wong. b. Conduct the first reading of Ordinance No. 10-2064: “An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.260 of the Cupertino Municipal Code Relating to Designated Bicycle Routes.” The City Clerk read the title of the ordinance. Mahoney moved and Santoro seconded to read the ordinance by title only, and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Mahoney, Santoro, and Wang. Noes: None. Absent: Chang and Wong. 29. Conduct the first reading of Ordinance No. 10-2065: “An Ordinance of City Council of the City of Cupertino amending the existing Cupertino Municipal Code Section 19.100.030 regarding parking and keeping vehicles in various zones.” Code Enforcement Officer Gary Kornahrens reviewed the staff report. Larry Goe said that he currently parks an airplane on his property because people were stealing items off the airplane when it was parked at the airport. He said he would like to continue to keep the airplane on his property. Santoro moved and Mahoney seconded to send the Parking Ordinance to the Planning Commission for review, to include consideration of exceptions for items that are out of sight, and come back to Council. The motion carried with Wong absent. 30. Designate a voting delegate and up to two alternates for the League of California Cities Annual Conference Sept. 15-17 in San Diego. Written communications for this item included an email from Vice Mayor Wong asking to be appointed as the voting delegate to the conference and giving details of his activities for Council reports. Mahoney moved and Santoro seconded to appoint Council members Kris Wang and Gilbert Wong and Barry Chang as the voting delegate and alternates for the League Conference. 31. Commission vacancies: a. Set an interview date for the Parks and Recreation Commission unscheduled vacancy. Staff recommends Sept. 7. (No documentation in packet). 58 July 20, 2010 Cupertino City Council Page 14 b. Accept the resignation of Fine Arts Commissioner John Fiegel and set an interview date. Staff recommends Sept 7 if applications have been submitted. The City Council concurred to accept Commissioner Fiegel’s resignation and to set an interview date of Tuesday, Sept. 7 at 4:00 p.m. for interviews for both commissions. ORDINANCES - None STAFF REPORTS - None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 9:23 p.m., the meeting was adjourned. ____________________________ Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 59 OFFICE OF THE CITY MANAGER CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3212 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 7, 2010 Subject Authorize support of Proposition 22, the Local Taxpayer, Public Safety and Transportation Protection Act of 2010. Recommended Action Endorse proposition. Description Based on e-mail communications received from Vice Mayor Wong and Councilmember Mahoney in support, it is the recommendation of the Legislative Committee that the council support Proposition 22. The State of California is once again facing a significant fiscal shortfall. The state has and will most likely continue to rely on the borrowing and taking of monies from local governments unless an action is taken to further limit the state's ability to redirect local funds for purposes of balancing California's budget. In 2004 and 2006, California's voters amended the Constitution to limit the state’s authority to use local funds to balance the state's budget. These new provisions in the Constitution, however, did not eliminate state authority to temporarily borrow or redirect some city, county, and special district funds. In addition, these earlier propositions did not eliminate the state’s authority to redirect local redevelopment agency revenues. In the 2009/10 fiscal year, the Legislature borrowed approximately $2 billion in property taxes from local governments, despite no clear path to repay these funds; statewide took $2.05 billion in local redevelopment funds; and shifted $1 billion in transit funding away from local transit agencies. The courts have since ruled the transit shift unconstitutional. However, the "gas-tax swap" in the 2010/2011 budget could result in the annual loss of $600 million of transit funding. In October 2009, a coalition of local government, transportation, and transit advocates filed the Local Taxpayer, Public Safety, and Transportation Act of 2010 with the California Attorney General for potential placement on California's November 2010 statewide ballot. In April 2010, the coalition submitted approximately 1.1 million signatures to county elections offices throughout the state to qualify the measure for the November ballot. In July, it was announced by Secretary of State Debra Bowen that the Local Taxpayer, Public Safety, and Transportation Act of 2010 would appear on the California November 2010 statewide ballot as Proposition 22. 60 A substantial number of cities, local government organizations, public safety organizations, transportation and transit organizations, labor organizations, water agencies, environmental, taxpayer, and community, and business groups have already pledged support of this initiative. The approval of this ballot initiative by the voters will further prevent state politicians from seizing, diverting, shifting, borrowing, transferring, suspending, or otherwise taking or interfering with tax revenues dedicated to funding local government services provided by municipalities, counties and special districts. Specifically, Proposition 22, the Local Taxpayer, Public Safety, and Transportation Act of 2010, covers the following provisions: • Protects Locally Imposed Taxes such as Utility User Tax, Transient Occupancy, and Sales Taxes : The measure prevents the Legislature from taking or directing how these local taxes may be spent. • Property Tax Borrowing : The measure repeals the state's authority to borrow local property taxes. • Reallocation of Property Tax or Vehicle License Fees : The measure prohibits the state's ability to reallocate these revenues to pay off state mandates. • Borrowing or Stealing Local Highway User Tax Act (HUTA) : The measure provides protection to local highway user taxes and requires hearings and study before state and local shares are changed. • Borrowing or Stealing Proposition 42 Gas Tax: : The measure also provides the same protection as HUTA taxes. • Borrowing or Stealing Public Transit Account (PTA) funds : The measure restricts the use of PTA funds only for transportation planning and mass transportation purposes and requires "Spillover" sales tax to be deposited in transit accounts. • Redevelopment Agency (RDA) funds : The measure prohibits taking, borrowing, or directing the spending of RDA funds. • Enforcement : The measure provides a remedy requiring the state to re-pay funds taken illegally if a court so finds. _____________________________________ Prepared by: Rick Kitson, Public and Environmental Affairs Dir. Approved for Submission by: David W. Knapp, City Manager 61 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 7, 2010 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. Description Name of Business: Kento Bowl Restaurant Location: 21670 Stevens Creek Restaurant Type of Business: Restaurant Type of License: On-Sale Beer and Wine for Bona Fide Public Eating Place (41) Reason for Application: Person-to-Person Transfer, Annual Fees, State & Federal Fingerprints Discussion There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. License Type 41 authorizes the sale of beer and wine for consumption on the premises where sold. _____________________________________ Prepared by: Traci Caton, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachment: Department of Alcohol Beverage Control Application for Alcoholic Beverage License 62 63 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 7, 2010 Subject Alcoholic Beverage License, Shanghai Restaurant, 10877 North Wolfe Road. Recommended Action Approve application for On-Sale Beer & Wine for Bona Fide Public Eating Place. Description Name of Business: Shanghai Restaurant Location: 10877 North Wolfe Road Type of Business: Restaurant Type of License: On-Sale Beer & Wine for Bona Fide Public Eating Place (41) Reason for Application: Person-to-Person Transfer, Annual Fees, State & Federal Fingerprints Discussion There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. License Type 41 authorizes the sale of beer and wine for consumption on the premises where sold. _____________________________________ Prepared by: Traci Caton, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachment: Department of Alcohol Beverage Control Application for Alcoholic Beverage License 64 65 66 67 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 7, 2010 Subject Alcoholic Beverage License, Florentines, 10275 South De Anza Boulevard Recommended Action Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place. Description Name of Business: Florentines Location: 10275 South De Anza Boulevard Type of Business: Restaurant Type of License: On-Sale Beer and Wine for Bona Fide Public Eating Place (41) Reason for Application: Person-to-Person Transfer, Annual Fees, State & Federal Fingerprints Discussion There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. License Type 41 authorizes the sale of beer and wine for consumption on the premises where sold. _____________________________________ Prepared by: Traci Caton, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachment: Department of Alcohol Beverage Control Application for Alcoholic Beverage License 68 69 70 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 7, 2010 Subject Alcoholic Beverage License, Fontana’s Italian Restaurant, 20840 Stevens Creek Boulevard. Recommended Action Approve application for On-Sale General for Bona Fide Public Eating Place. Description Name of Business: Fontana’s Italian Restaurant Location: 20840 Stevens Creek Boulevard Type of Business: Restaurant Type of License: On-Sale General for Bona Fide Public Eating Place (47) Reason for Application: Person-to-Person Transfer & Annual Fees Discussion There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. License Type 47 authorizes the sale of spirits, beer, and wine for consumption on the premises where sold. _____________________________________ Prepared by: Traci Caton, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachment: Department of Alcohol Beverage Control Application for Alcoholic Beverage License 71 72 73 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 7, 2010 Subject Alcoholic 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. Description Name of Business: One Pot Location: 19648 Stevens Creek Boulevard (Marketplace) Type of Business: Restaurant Type of License: On-Sale Beer and Wine for Bona Fide Public Eating Place (41) Reason for Application: Original & Annual Fees, State & Federal Fingerprints Discussion There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. License Type 41 authorizes the sale of beer and wine for consumption on the premises where sold. The restaurant complies with all of the shopping center conditions relating to location and parking. In addition, an odor abatement system will be reviewed and approved by the City prior to issuance of building permits. _____________________________________ Prepared by: Traci Caton, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachment: Department of Alcohol Beverage Control Application for Alcoholic Beverage License 74 75 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, D & B LEGACY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 10216 PASADENA AVENUE, APN 357-18-021 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, D & B Legacy, LLC, A California Limited Liability Company, for the installation of certain municipal improvements at 10216 Pasadena Avenue, and said agreement having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of September, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 76 Resolution No. 10- Page 2 EXHIBIT “A” SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPER: D & B LEGACY, LLC, A CALIFORNIA LIMITED LIABLITY CO. LOCATION: 10216 Pasadena Avenue, APN 357-18-021 PART A Faithful Performance Bond: $ 29,580.00 110 2211 PART B Labor and Material Bond: $ 29,580.00 110 2211 PART C. Checking and Inspection Fee: $ 2,468.00 110 4538 PART D. Development Maintenance Deposit: $ 2,000.00 110 2211 PART E. Storm Drainage Fee – Basin 2 $ 369.58 215 4072 PART F. Street Light - One-Year Power Cost: $ 150.00 110 4537 PART G. Map Checking Fee: $ 3,765.00 110 4539 PART H. Park Fee - ZONE II $ 20,250.00 280 4082 PART I. Reimbursement Fee: N/A 77 78 79 80 81 82 83 84 85 86 87 88 22198 22138 21691217452174310 2 30 10218 10151 10205 10221 10225 101141018010182 1018410186101881019010192 10261 10271 10281 10291 10353 10355 10357 10354 10350 10330 10300 10290 10280 10270 10260 10262 102002174121762217612168521760 216852176121686216882169221690216802167821696216942179121793102322168221700216982168410207 10261 2179510276 10284 10310 10320 10330 10340 10315 10325 10217 10225 10206 10260 102681017810175 10155 10165 21750 21740 1024910195 10205 10221 1024810190 22168 10223 10217 217322173421730 21736 21738 21742 21744 217012170321675102472168010201 10210 10200 21751216762167410292 10300 217402172021730217101018110185 216972169921695216912173110216 10208 ORANGEIMPERIALOLIVE LOMITA PASADENABERRY. Subject: Improvement Agreement, 10216 Pasadena Avenue. Recommended Action: Adopt Resolution. 10216 89 RESOLUTION NO. 10- A RESOLUTION FOR THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A PARCEL MAP, D & B LEGACY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 10216 PASADENA AVENUE, APN 357-18-021 WHEREAS, there has been presented to the City Council for approval and for authorization to record parcel map located at 10216 Pasadena Avenue, NOW, THEREFORE, BE IT RESOLVED THAT a. Said parcel map is hereby approved. b. The City Engineer and the City Clerk are hereby authorized to sign said parcel map. PASSED AND ADOPTED at the regular meeting of the City Council of the city of Cupertino this 7th day of September, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 90 2170122198 22138 217132169121745217432174110230 10218 10205 10221 10225 101681017010178 10261 10271 10281 10291 10353 10355 10357 10361 10360 10370 10354 10350 10330 10300 10290 10280 10270 10260 10262 1020021760 2168521761216862168821692216902168021678216962169421791102322168221700216982168410276 10284 10310 10320 10330 10340 10350 10260 10268 21750 21740 1024910195 10205 10221 1024810190 22168 2171110223 10217 217322173421730 21736 21738 21742 21744 217012170321675102472168010201 10210 10200 21751216762167410292 217332173110185 10216 10208 10216 IMPERIALOLIVE ALCAZARPASADENABERRY . Subject: Parcel Map, 10216 Pasadena Avenue. Recommended Action: Adopt Resolution. 91 RESOLUTION NO. 10- A RESOLUTION FOR THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A PARCEL MAP, KELLY-GORDON DEVELOPMENT CORP., 10231 AMELIA COURT, APN 326-17-017 WHEREAS, there has been presented to the City Council for approval and for authorization to record parcel map located at 10231 Amelia Court, NOW, THEREFORE, BE IT RESOLVED THAT a. Said parcel map is hereby approved. b. The City Engineer and the City Clerk are hereby authorized to sign said parcel map. PASSED AND ADOPTED at the regular meeting of the City Council of the city of Cupertino this 7th day of September, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 92 100451008010081 10106 10 1 4 6 1024910259 10 2 9 9 22260222721 0 2 3 7 10026 2 2 1 2 6 2 2 1 5 6 22176 2 2 1 5 7 2 2 1 1 6 22086220662204710104 10106 2206510075 10045 10035 1002510125 223142225510059 10060 10188 101781013810139 10126 10146 10150 10180 10111 10145 1017110161 10148 2222522273 10120 22328223342232222237222452221610079 1 0 3 1 9 10349 10208 10198 10149 10159 10169 10179 10189 2209522105221152212510236 1030110269 1023510332 10316 10300 10284 10268 10252 1 0 2 3 8 2209622106223502236210040 10038 222812228810146 10154 10170 2226810171 10151 10231 10201 10185 10076 10046 10056 10036 10047 10055 1007510208 22067221172213722085 22115 2210422084220342205410116 22320 10133 10221 10211 10201 10191 10181 10143 10140 10150 10190 223492231122330 10069 10059 1003922008 10109 10089 1004910079 22021221452216810030 10010 10040 10060 22009221882218910081 10061 10041 10301 10281 10261 10241 10221 10211 10201 10191 10181 10171 10161 10151 10141 10131 10121 10111 10170 10160 10150 10140 10080 10090 10100 10110 10120 22207222062221122213 22210 222082221522364 10125 10135 10145 10165 10072 10060 10111 100101003710017 10027 1004710057 10077 10101 10070 10062 10032 10030 10022 10020 10012 10115 221001 0 3 2 5 1 0 3 3 5 10315 10 3 0 1 10 2 8 1 1 0 2 6 1 1 0 2 4 1 1 0 2 2 1 1 0 2 0 1 1 0 1 9 0 1 0 2 0 0 1 0 2 2 0 10 2 4 0 1 0 2 6 0 1 0 2 8 0 10300 10310 101811018510187 22050222872230910288 102771028710297102672223022250102571024710161 10148 2228910200 2229910118 1010710109 10111 10110 10108 10070 10255 2229110162 10085 10164 10030 221202209322103221132212322278223161032710307103172224022399 10033 22321223332237110141 1 0 1 6 0 10130 1011510195101051010010090 10070 10131 10151 10073 10091 10123 2227710171 2229110050 2234022347223332231110055 10010 10036 10158 10168 2227910136 10126 PHAR LAPS T E V E N S C R E E KHILLCRESTCUPERTINO SCENICCARMENCASSSTONYDALEAMELIAD E A NCRESCENT CRE S T ONVISTA K N OLL AINSWORTHVARIAN ORCHARD BELLEVUE H O O H O O OAKDELL CLEARCREEK CARMEN. Subject: Parcel Map, 10231 Amelia Court. Recommended Action: Adopt Resolution. 93 196241098310969109611095910971 10963 1093510975108711088110879108691085710877 10821108251083110835 10837 10839 10841 10845 10851 10887 108931091110919109211092310925 1088310885 10630 1093310889 10891LINNET LARKHOMESTEAD PARNELL SELKIRK . Subject: Municipal Improvements, 10630 Linnet Lane. Recommended Action: Accept Municipal Improvements. 10216 94 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES, FROM HSUEHLI JOSEPH YEH AND HSIAOWEN TUNG, 10131 SANTA CLARA AVENUE, APN 326-24-050 WHEREAS, Hsuehli Joseph Yeh and Hsiaowen Tung, have executed a Grant of Easement for Roadway Purposes, which is in good and sufficient form, granting the City of Cupertino, County of Santa Clara, State of California, easement over certain property for roadway purposes situate at 10131 Santa Clara Avenue, more particularly described in Exhibit “A”, attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of September, 2010 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 95 96 97 98 99 10157 10071101311014910153101411012110159101652 1 5 9 4 215902 1 5 9 4 1 0 0 5 7 10080100881011010090100661007010156101521013210134101201003610038100401006010026100281 0 0 8 1 1 0 0 7 5 1 0 0 5 1 1 0 0 3 9 1 0 0 3 7 10033101611015510135101371013610140101501016010077100791 0 0 7 4101311017110173101061011910121 10078101181012010130101341007121619216212 1 5 9 2 216232162721631101701002210014216251008110091100731007510065100671006910101101032 1 5 9 1 21589P ENI NS UL A G R A N DSANTA CL A RA E MP I RE M IS S IO N . Subject: Grant of Easement for Roadway Purposes, 10131 Santa Clara Avenue. Recommended Action: Adopt Resolution. 10216 100 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR STREETLIGHT PURPOSES, FROM PARACHUR MANNAR AND PADMA NIMMAGADDA, 822 CANDLEWOOD DRIVE, APN 369-19-031 WHEREAS, Parachur Mannar and Padma Nimmagadda, have executed a Grant of Easement for streetlight purposes, which is in good and sufficient form, granting the City of Cupertino, County of Santa Clara, State of California, easement over certain property for streetlight purposes situate at 822 Candlewood Drive, more particularly described in Exhibit “A” and Exhibit “B”, attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said grant so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said grant and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of September, 2010 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 101 102 103 104 105 803 795 846 6378637063626354892 904 916 63906386858 850 838 830 822 810 802803 811 823 928 942 952 956 966 970 974 9 7 8 888 639563516353878839 851 859 869 635163596365 6371 6374636863606352635363596367831 63776398868 917 929 937 945825 819 811 889 802 810 818 832 848 850 8 5 4 6301631563296343635563636371637963876395934 928 922 914 908 902 633963416327640164036413641563096191 932 918 910 902 884 8746394 63826370 637763896397816 810 804 861 853 845 833 825 817 805 873 881 889 901 909 824 61906192 10554 10542 6393638563876377637963656367642564276435894 888 882 19520 1951119507195031951619512195081950619502 869 871 877 879 636063686376638263906408641664246375638163876397640564156423635263596367866868 938 940 928 930 902904 910 912 920922 874 876 884 886 892894 853 855 801 803 813 815 825 827 837 839 847849 10569 10553 10537 10585 891 897 899 905 907 913 915 921 923 929 931 941 943 949 951 957 959 973 975 981 983 993 846 834 822 812 804 792 774 754 736 716 698 678 965 967 861 863 621262246 2 9 8629562836275 6263 61996211622362356247830 842747751 753 850 734728720743744740739733729822 810 765 777 880 844 789 799 809 821 829 841 849 6325MILLERB O L L I N G E R STENDHALLANCERATHERWOOD CANDLEWOODCOTTONWOODDISNEY B L A C K W O O D HOWARD SHADYGROVE M Y R T L E W O O D . Subject: Grant of Easement for Streetlight Purposes,822 Candlewood Drive. Recommended Action: Adopt Resolution. 106 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, HSUEHLI JOSEPH YEH AND HSIAOWEN TUNG, 10131 SANTA CLARA AVENUE, APN 326-24-050 WHEREAS, Hsuehli Joseph Yeh and Hsiaowen Tung, have executed a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of September, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 107 108 109 110 111 10157 10071101311014910153101411012110159101652 1 5 9 4 215902 1 5 9 4 1 0 0 5 7 10080100881011010090100661007010156101521013210134101201003610038100401006010026100281 0 0 8 1 1 0 0 7 5 1 0 0 5 1 1 0 0 3 9 1 0 0 3 7 10033101611015510135101371013610140101501016010077100791 0 0 7 4101311017110173101061011910121 10078101181012010130101341007121619216212 1 5 9 2 216232162721631101701002210014216251008110091100731007510065100671006910101101032 1 5 9 1 21589P ENI NS UL A G R A N DSANTA CL A RA E MP I RE M IS S IO N . Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10131 SantaClara Avenue. Recommended Action: Adopt Resolution. 10216 112 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, SHERYL L. EVERETT AND GREGORY T. EVERETT, 10300 PALO VISTA ROAD, APN 357-02-055 WHEREAS, Sheryl L. Everett and Gregory T. Everett, have executed a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of September, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 113 114 115 116 117 118 101711 0 2 0 9 10225 10208 223502231110280 10270 10370 10418 10406 10394 10382 10352 10338 10314 10300 10290 10303 10295 10 28 5 10421 10411 10399 10387 10371 10353 10335 10317 10241 10231 10250 10240 10228 10218 10300 10314 10334 10352 10370 10382 10406 10418 10365 10349 10333 2243110290 10385 10419 10397 10279 10311 10289 1 0 2 2 8 10236 10250 10269 1 0 2 3 9 1 0 2 2 9 10270223542236422386223462240622374102621025222356 10285 10360 10380 10400 10440 10335 10353 10300 10316 10371 10387 10399 10421 10295 10303 10317 10346 10245 10271 10320 10310 10340 10360 2228922340223602240722409224172241922402 2242310398 10398 10271 10255 2231022279224152242522405223852235510380 10219 PALM SCENICMIRA VISTAPALO VISTAJANICE WALNUTCASS. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10300 Palo VistaRoad. Recommended Action: Adopt Resolution. 119 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, GANG ZENG, TIE JUN ZENG AND ZHONGHUA ZHENG, 10544 JOHNSON AVENUE, APN 375-28-036 WHEREAS, Gang Zeng, Tie Jun Zeng and Zhonghua Zheng, have executed a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of September, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 120 121 122 123 124 1874018641186511866018740187301869010546 10552 10558 10564 10519 10527 10535 10541 10549 10557 10565 10573 10581 10589 10597 10540 10600 10512 10520 10528 10536 10544 10552 10560 10568 10576 10584 10592 10581 10571 10561 10553 10545 10537 10529 10521 10513 1875118750 JOHNSONGASCOIGNEBARNHART . Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10544 Johnson Ave. Recommended Action: Adopt Resolution. 125 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, VINAY IVENGAR AND SANDHYA VINAY IVENGAR, 10149 JUDY AVENUE, APN 375-07-054 WHEREAS, Vinay Ivengar and Sandhya Vinay Ivengar, have executed a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of September, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 126 127 128 129 130 10251 10109 10123 10135 10149 10163 10177 10191 10205 10219 10250 10162 10176 10190 10204 1021810217 10203 10189 10175 10149 10133 10123 10109 10067 10065 10251 10094 10108 10122 10134 10148 10162 10176 10190 10204 10218 10123 10135 10149 10163 10177 10191 10205 10219 1904010251 10108 10122 10134 10148 10081 10200 10066 10080 10094 10067 10081 10095 10095 10066 10080 10081 10109 JUDYBRETTANTAULOREE ANNE COZETTE . Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10149 Judy Ave. Recommended Action: Adopt Resolution. 131 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, PARACHUR MANNAR AND PADMA NIMMAGADDA, 822 CANDLEWOOD DRIVE, APN 369-19-031 WHEREAS, Parachur Mannar and Padma Nimmagadda, have executed a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of September, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 132 133 134 135 136 803 795 846 6378637063626354892 904 916 63906386858 850 838 830 822 810 802803 811 823 928 942 952 956 966 970 974 9 7 8 888 639563516353878839 851 859 869 635163596365 6371 6374636863606352635363596367831 63776398868 917 929 937 945825 819 811 889 802 810 818 832 848 850 8 5 4 6301631563296343635563636371637963876395934 928 922 914 908 902 633963416327640164036413641563096191 932 918 910 902 884 8746394 63826370 637763896397816 810 804 861 853 845 833 825 817 805 873 881 889 901 909 824 61906192 10554 10542 6393638563876377637963656367642564276435894 888 882 19520 1951119507195031951619512195081950619502 869 871 877 879 636063686376638263906408641664246375638163876397640564156423635263596367866868 938 940 928 930 902904 910 912 920922 874 876 884 886 892894 853 855 801 803 813 815 825 827 837 839 847849 10569 10553 10537 10585 891 897 899 905 907 913 915 921 923 929 931 941 943 949 951 957 959 973 975 981 983 993 846 834 822 812 804 792 774 754 736 716 698 678 965 967 861 863 621262246 2 9 8629562836275 6263 61996211622362356247830 842747751 753 850 734728720743744740739733729822 810 765 777 880 844 789 799 809 821 829 841 849 6325MILLERB O L L I N G E R STENDHALLANCERATHERWOOD CANDLEWOODCOTTONWOODDISNEY B L A C K W O O D HOWARD SHADYGROVE M Y R T L E W O O D . Subject: Quitclaim Deed and Authorization forUnderground Water Rights, 822 Candlewood Drive. Recommended Action: Adopt Resolution. 137 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, MANH HA AND NHUNG M. CHUNG, 7541 ORANGE BLOSSOM DRIVE, APN 366-11-052 WHEREAS, Manh Ha and Nhung M. Chung, have executed a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of September, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 138 139 140 141 131813281497 1487 1475 1463753875467554756275707578758675617557754975437537753175257562755875507544753875327526759375837575756775597551754375357598758875807572756475567548754075327524751675087497748175097517752575337541754975577565757375817589759975457594750575137521752975377553756175677575758375937536754875527560756875767584743174451454 14 5 1 14 5 5 74651301 1309 1319 1339 1351 1363 1373 1381 1389 14 7 9 14 6 9 1466 1478 1490 12621265 1255 1272 1291 1283 1273 14 9 2 15 0 6 14 7 8 1491 1477 14 6 8 1420 1404 1390 1374 1356 1340 1332 1328 1324 1320 1333 1343 1359 1375 1391 1407 1423 1437 1449 1457 14697558760075907578756875507542753475267518 751075857573756775537545753775297521751375057497761274897475760375951260 1272 1284 1296 1308 1370 1384 1398 1412 1426 1440 1462 1328 1342 1356 1474 1496 1488 7565755975537547754175357529744774297448743011516 11520 11506 11510 11526 11528 11532 11517 11521 11523 11527 11533 1282 11531 14587556 74 11 742474401327 13301324132013221292 POPPYPRIMROSERAINBOW ROSEGARDENWATERFORD PEACH BLOSSOM NORMANDY NEWCASTLE ORANGE BLOSSOM PLUM BLOSSOM WILDFLOWERGARDENSIDEFLOWER . Subject: Quitclaim Deed and Authorization forUnderground Water Rights, 7541 Orange Blossom Drive. Recommended Action: Adopt Resolution 142 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 7, 2010 Subject Vacate a portion of City right of way on Stevens Canyon Road at 22605 Ricardo Road. Recommended Action Adopt Resolution. Discussion The owner of the parcel at 22605 Ricardo Road petitioned the City to vacate a portion of the existing Stevens Canyon Road right of way adjacent to his property that is no longer needed for roadway purposes. Harold “Bud” Barclay applied to the City of Cupertino requesting that the City consider vacating a portion of the existing Stevens Canyon Road public road right of way. Once vacated, the area would become part of the Barclay parcel at 22605 Stevens Canyon Road. On August 3, 2010, Council adopted a resolution of intention to vacate the aforementioned right of way, reserving a public utilities easement and a five-foot wide pedestrian access easement, along Stevens Canyon Road. The City posted and published appropriate notice of that intention, as well as of and the date, time, and place of the public hearing to consider that intention, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code. If the City Council finds after due consideration of all of the evidence submitted that the right of way described in the notice of hearing is unnecessary for present or prospective street purposes, then it may adopt a resolution vacating that right of way, reserving and excepting there from a public utilities easement and a five-foot wide pedestrian access easement, pursuant to Section 8324 of the California Streets and Highways Code. Adoption of the resolution will authorize the City Clerk to record the executed original resolution in the Office of the Recorder of the County of Santa Clara, at which time the area vacated will no longer be a public street or highway, but will contain a public utilities easement and a five-foot wide pedestrian access easement retained by the City. _____________________________________ Prepared by: Glenn Goepfert Reviewed by: Ralph Qualls Approved for Submission by: David W. Knapp, City Manager Attachments: Draft Resolution Map 143 144 145 146 147 22525 1094010930 1095022571225612258122560225842260022640226201095010875 10952109542262122605. Subject: Vacate a portion of city right of way on Stevens Canyon Road at 22621 RicardoRoad. Recommended Action: Adopt resolution. 148 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 7, 2010 Subject Discussion of possible removal of the reference to “electronic gates” in Municipal Code Section 16.28 - Fences Recommended Action Provide direction to staff Description Applicant Name: City of Cupertino Location: City-wide Background On August 3, 2010, the Council asked staff to agendize the topic of electronic gates for discussion. The issue of electronic gates came up due to comments at the August 3, 2010, Council meeting from a resident on a code enforcement action related to a tall fence and electronic gates in his front driveway. He questioned why he was the only property owner who was the subject of code enforcement when he had identified others with similar fences and electronic gates. Staff has been following up on all of those complaints (see Attachment A for staff’s response letter to Mr. Jiang). Discussion Section 16.28.040 of the Municipal Code prescribes residential fencing standards. Generally, these requirements reflect the community’s goals in preserving neighborhood identity and aesthetics, ensuring neighborhood safety, and improving connectivity and social interaction (see Attachment B, General Plan Policy 2-22, Strategy 4). The regulations discourage isolation of developments from the community since tall fences and gates do not allow residents to keep an eye on their neighborhood and streets (which is important for the effectiveness of the Neighborhood Watch Program) and ensuring a safe neighborhood environment. Consequently, fences taller than three feet and driveway gates are not permitted in the front yards. The Fire Department also has concerns related to unpermitted gates which may not meet their requirements for emergency access. 149 Taller fences are allowed at side and rear property lines behind the front yard setback to maintain the privacy and security of a property (see Attachment C, Fence Ordinance). Gates on single-family lots are allowed in certain cases by exception as long as: • There are demonstrated safety and security reasons (for example, when garages are located in the rear yard area); • The gates are at least 30 feet back from the front property line; and • They meet Fire Department requirements for emergency access. Setting gates back allows for guest parking in the front driveway (two open driveway spaces are required per the Parking Ordinance for each single-family home) and avoids queuing and parking impacts on neighborhood streets. In the interests of maintaining safety and security of neighborhoods, and ensuring emergency access to homes, staff is not recommending significant amendments to the Fence Ordinance. However, staff recommends removing the reference to electronic gates in the ordinance as follows: 16.28.045 Roadway and Driveway Gates. Roadway and driveway gates may be approved through a fence exception if the development meets any one of the following conditions: is a mixed-use development, where the parking for different uses needs to be separated to assure availability of parking for each use; if a development includes a below-grade parking structure, where the gates are required to secure the below grade parking; if gates are required for a development to obtain federal or state funding; if the development is secluded; if the electronic gates are needed for demonstrated security and/or demonstrated safety reasons; or if the electronic gates were in existence prior to September 20, 1999. It should be noted that the above amendment will not remove the requirement for code enforcement action in cases involving front yard fences and gates that do not conform to the Fence Ordinance. Ordinance Amendment Process If Council finds merit in the change recommended above, it should provide staff with direction to initiate the ordinance amendment process accordingly. A draft ordinance will then be presented for Planning Commission review and forwarded to the Council for final consideration. Timing Staff will be able to begin work on the amendments suggested above in September 2010. However, due to reduced staffing levels and some large projects currently in the work program (i.e., Green Building Ordinance, Development Permit Process - Matrix and 150 Residential lots with slopes of 15% to 30%), any major amendments to the Fence Ordinance may have to be deferred until projects currently in progress are completed. ____________________________________ Prepared by: Piu Ghosh, Associate Planner Reviewed by: Gary Chao, City Planner and Aarti Shrivastava, Community Development Director Approved for Submission by: David W. Knapp, City Manager Attachments: A. Letter to Mr. Jiang dated September 1, 2010 B. General Plan Policy 2-22 C. Fence Ordinance 151 152 153 able housing and offer residents easy access to shopping and work. Ample housing must be available to Cupertino employees to assure that housing prices and locations are within reach. While several neighborhoods have plan- ning procedures in place, others require identi- fication of and planning for special needs. Policy 2-21:Unique Neighborhood Character Identify neighborhoods that have an architectural style, historical back- ground or location that contribute to a unique neighborhood, and develop plans that preserve and enhance their unique qualities. Strategies: 1. Neighborhood Plans.Initiate or respond to requests to create Council approval for any budgeting needed to prepare the plans. 2. Neighborhood Zoning.Respond to requests from neighborhood groups to develop zoning regulations to address their interest in preserving neighbor- hood character,such as single story homes or distinctive architecture. 3. Merriman-Santa Lucia Neighborhood. Allow legally constructed duplexes to remain in the area bounded by Santa Lucia Road, Alcalde Road and Foothill Boulevard. Policy 2-22:Neighborhood Street Planning Develop pedestrian-friendly street environments in each neighborhood that help create neighborhood identity, improve safety, increase opportunities for social interaction and connections to shopping, schools, recreation and other destinations. Strategies: 1. Circulation Patterns. Evaluate neigh- borhood circulation patterns and elimi- nate pedestrian barriers. 2. Public Facilities. Evaluate existing and planned public facilities, such as schools and parks, to improve pedestrian access. 3. Street Trees.Develop uniform street tree planting plans for each neighbor- hood. 4. Neighborhood Entries.Define neigh- borhood entries through architecture, landscaping or land forms appropriate to the formal or rural character of the neighborhood. Vehicular electronic gates should generally be discouraged, because they isolate developments from the community. 5.Street Requirements.Determine if spe- cial street widths, sidewalk require- ments or light fixtures are desirable for any neighborhoods. 2-18 Land Use/Community Design City of Cupertino General Plan Fairgrove neighborhood residents celebrating their new identification sign See Chapter 16.28 of the Cupertino Municipal Code regarding fence exceptions for vehicular elec- tronic security gates. 154 - 1/5- 26 August 2010 Cupertino, CA Municipal Code TITLE 16: BUILDINGS AND CONSTRUCTION CHAPTER 16.28: FENCES* CHAPTER 16.28: FENCES* Section 16.28.010 Purpose. 16.28.020 Definitions. 16.28.030 Fence location and height for zones requiring site review. 16.28.040 Fence location and height for zones not requiring site review. 16.28.045 Roadway and driveway gates. 16.28.050 Proximity of plants and fences to public streets. 16.28.060 Exceptions. 16.28.065 Temporary fences for construction. 16.28.070 Violation–Penalty. 16.28.080 Prohibited fences. * For statutory provisions making fences taller than ten feet a nuisance, see Civil Code § 841.4. Prior ordinance history: Ords. 112, 686, 852, 1179, 1630, 1637 and 1777. 16.28.010 Purpose. The purpose of this chapter is to regulate the location and height of fences and vegetation in yards of all zoning districts in order to protect the safety, privacy, and property values of residents and owners of properties within any zoning district of the city, including but not limited to residential, commercial, offices, institutional, industrial and/or agricultural properties. (Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998) 16.28.020 Definitions. The words and terms used in this chapter shall have the following meanings unless the context clearly indicates otherwise: A. “Demonstrated safety” means a condition requiring protection from the threat of danger, harm, or loss, including but not limited to the steepness of a roadway or driveway that may create a hazardous parking situation in front of a gate. B. “Demonstrated security” means a condition requiring protection from the potential 155 - 2/5- 26 August 2010 threat of danger, harm or loss, including but not limited to a location that is isolated and invisible from public view or that has experienced documented burglary, theft, vandalism or trespassing incidences. C. “Fence” means a man-made structure which is designed, intended or used to protect, defend or obscure the interior property of the owner thereof from the view, trespass or passage of others upon that property. D. “Fence height” means the vertical distance from the highest point of the fence (excluding post caps) to the finish grade adjoining the fence. In a case where the finish grade is different for each side of the fence, the grade with the highest elevation shall be utilized in determining the fence height. E. “Plant” means a vegetative matter. F. “Setback area, required front” means the area extending across the front of the lot between the front lot line and a line parallel thereto. Front yards shall be measured either by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. The front of the lot is the narrowest lot line from a public street. G. “Setback area, required rear” means the area extending across the full width of the lot between the rear lot line and the nearest line or point of the main building. H. “Setback area, required side” means the area between the side lot line and the nearest line of the building, and extending from the front setback line to the rear setback line. (Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998) 16.28.030 Fence Location and Height for Zones Requiring Site Review. A. The Design Review Committee, Planning Commission and City Council shall have the authority to require, approve, or disapprove wall and fencing plans including location, height and materials in all zones requiring design review. B. The basic design review guidelines for the review of fences and walls are as follows: 1. Fences and walls separating commercial, industrial, offices, and institutional zones from residential zones shall be constructed at a height and with materials designed to acoustically isolate part of or all noise emitted by future uses within the commercial, industrial, offices, or institutional zones. The degree of acoustical isolation shall be determined during the design review process. 2. Fences and walls separating commercial, industrial, offices, and institutional zones from residential zones shall be constructed at a height and with materials designed to ensure visual privacy for adjoining residential dwelling units. The degree of visual privacy shall be determined during the review process. 3. Fences and walls shall be designed in a manner to provide for sight visibility at private and public street intersections. (Ord. 1979, (part), 2006; Ord. 1844, § 1 (part), 2000; Ord. 1788, § 1 (part), 1998) 156 - 3/5- 26 August 2010 16.28.040 Fence Location and Height for Zones Not Requiring Site Review. A. In the case of an interior residential lot, a maximum six-foot-high fence shall be permitted in the rear yard setback area and in the side yard setback areas. A maximum three-foot-high fence, measured from finish grade, shall be permitted in the front yard setback area. B. In the case of a corner residential lot, a maximum six-foot-high fence shall be permitted in the required rear yard setback area and on the side yard lines, excepting that fence heights within the side yard setback area adjacent to a public street shall be regulated as described below. No portion of a fence shall extend into the front yard setback area or forty-foot corner triangle. 1. Situation in which the rear property line adjoins a rear property line: The minimum side fence setback line for a six-foot-high fence shall be five feet from the property line. 2. Situation in which the rear property line adjoins the side property line of a key lot: The minimum side fence setback line shall be five feet from the property line, except that the setback line within ten feet of an adjacent side property line shall be maintained at twelve feet. 3. A fence not exceeding three feet in height measured from finish grade can be constructed on any location within a required yard except the forty-foot corner triangle. C. Where a six-foot fence is allowed, an eight-foot-high fence can be constructed in lieu thereof subject to building permit approval and upon receipt of written approval from adjacent property owners. D. In the case of parcels zoned residential hillside (RHS) or open space (OS), the fences shall be governed by Section 19.40.080. (Ord. 1979, (part), 2006) 16.28.045 Roadway and Driveway Gates. Roadway and driveway gates may be approved through a fence exception if the development meets any one of the following conditions: is a mixed-use development, where the parking for different uses needs to be separated to assure availability of parking for each use; if a development includes a below-grade parking structure, where the gates are required to secure the below grade parking; if gates are required for a development to obtain federal or state funding; if the development is secluded; if the electronic gates are needed for demonstrated security and/or demonstrated safety reasons; or if the electronic gates were in existence prior to September 20, 1999. Additionally, roadway and driveway gates in residential areas approved by a fence exception shall be set back a minimum of 30 feet from the front and/or street side property lines and shall provided evidence the gates are needed for demonstrated security and/or demonstrated safety reasons. All roadway and driveway gates approved by a fence exception shall also be required to comply with the Fire Department Standard Details and Specifications for Security Gates for access roadways and driveways. 157 - 4/5- 26 August 2010 (Ord. 1979, (part), 2006; Ord. 1833, 1999; Ord. 1802, (part), 1999) 16.28.050 Proximity of Plants and Fences to Public Streets. The proximity of plants and fences to public streets shall be controlled by the provisions of Chapter 14.08 of the Municipal Code. (Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998) 16.28.060 Exceptions. Where practical difficulties, unnecessary hardships, or results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions may be granted as provided in this section. A. Application and Fee. Application shall be made in writing to the Design Review Committee on a form prescribed by the Director of Community Development. The application shall be accompanied by a fee as prescribed by City Council resolution. B. Public Hearings. Upon receipt of an application for exception, the Director of Community Development shall set a time and place for a public hearing before the Design Review Committee and order the public notice thereof. Mailed written notice of the hearing on the fence exception shall be given by the Director of Community Development to all owners or record of real property (as shown in the last assessment roll) which abut the subject property, as well as property and its abutting properties to the left and right, directly opposite the subject property and located across a street, way, highway or alley. Mailed notice shall include owners of property whose only contiguity to the subject site is a single point. Said notice shall be mailed by first class mail at least ten days prior to the Design Review Committee meeting in which the application will be considered. The notice shall state the date, time and place of the hearing. A description of the fence exception shall be included in the notice. If the Director of Community Development believes the project may have negative effects beyond the range of the mailed notice, particularly negative effects on nearby residential areas, the Director, in his or her discretion, may expand noticing beyond the stated requirements. Compliance with the notice provisions set forth in this section shall constitute a good-faith effort to provide notice, and failure to provide notice, and the failure of any person to receive notice, shall not prevent the city from proceeding to consider or to take action with respect to an application under this chapter. The Design Review Committee shall hold a public hearing at which time the Committee may grant the exception based upon the following findings: 1. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 2. The granting of the exception will not result in a condition which is materially detrimental to the public health, safety or welfare. 3. The exception to be granted is one that will require the least modification of the prescribed regulation and the minimum variance that will accomplish the purpose. 4. The proposed exception will not result in a hazardous condition for pedestrian and 158 - 5/5- 26 August 2010 vehicular traffic. 5. The proposed development is otherwise consistent with the city’s General Plan and with the purpose of this chapter as described in Section 16.28.010. 6. The proposed development meets the requirements of the Santa Clara Fire Department and Sheriff’s Department, and if security gates are proposed, that attempts are made to standardize access. 7. The fence height for the proposed residential fence is needed to ensure adequate screening and/or privacy. After closing the public hearing, the Design Review Committee may approve, conditionally approve or deny the application for exception. C. Appeals. Any application for exception which received final approval or disapproval by the Design Review Committee may be appealed to the Planning Commission as provided by Section 19.136.060 of this code. (Ord. 1979, (part), 2006; Ord. 1844, § 1 (part), 2000; Ord. 1822, (part), 1999; Ord. 1802, (part), 1999; Ord. 1788, § 1 (part), 1998) 16.28.065 Temporary Fences for Construction. The Chief Building Official may require persons constructing structures in the city to erect and maintain temporary fences around all or a portion of the construction site in order to secure the site from entry by the general public. (Ord. 1979, (part), 2006; Ord. 1777, (part), 1998) 16.28.070 Violation–Penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12. (Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998) 16.28.080 Prohibited Fences. Barbed wire, razor wire, and/or electrified fencing are prohibited unless required by law or regulation of the City, State or Federal Government. (Ord. 1979, (part), 2006) 159 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: September 7, 2010 Subject Amend the Cupertino Municipal Code to allow a stop sign on Lilac Way at Rose Blossom Drive. Recommended Action Conduct the second reading of ordinance. 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. Discussion The intersection of Rose Blossom Drive and Lilac Way (see attached map) is currently uncontrolled. Section 21800 of the California Vehicle Code (CVC) outlines the right-of-way rules pertaining to uncontrolled intersections which, if followed by all motorists, would ensure the safety of all motorists travelling through these intersections. During the previous three years, there have been at least two right-angle accidents at the Rose Blossom Drive/Lilac Way intersection which were caused by vehicles violating CVC Section 21800 and failing to yield to the first vehicle in the intersection. Due to the geometrics of the roadway and limitations in corner site visibility, especially at the northeast corner, extra vigilance is required by motorists to ensure that no conflict with another approaching motorist will occur. The warrants for a minor street stop sign as outlined in the California Manual of Uniform Traffic Control Devices (MUTCD) allow for engineering judgment to determine the need for a stop sign at locations where the normal right-of-way rules would not necessarily be expected to result in safe operation. It is staff’s opinion that a stop sign on Lilac Way is therefore appropriate and necessary to enhance safety. _____________________________________ Prepared by: David Stillman Reviewed by: Ralph Qualls, Jr. Approved for Submission by: David W. Knapp, City Manager Attachments: Draft Ordinance Map 160 ORDINANCE NO. 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 The City Council of the City of Cupertino does hereby ordain that Section 11.20.020 be amended to include the following: Section 11.20.020 Vehicular Stop Required at Certain Intersections. Approaching Street At Any Entrance Required to Stop Thereof With Lilac Way/Lilac Court Rose Blossom Drive INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 17th day of August, 2010 and ENACTED at a regular meeting of the City of Cupertino this 7th day of September, 2010 by the following vote: Vote Council Members AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ___________________ ____________________ City Clerk Mayor, City of Cupertino 161 162