00.AgendaCUPERTINO
AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, June 16, 2009
6:45 p,.m.
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS -PRESENTATIONS
POSTPONEMENTS -Item number 17 continued to July 21 at the request of staff
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 Con~~ent Calendar be acted on simultaneously.
1. Approve the minutes from the May 27 and June 1 City Council meetings.
2. Adopt resolutions accepting Accounts PaS~able for May 29 and June 5, Resolution Nos.
09-085 and 09-086.
3. Adopt a resolution accepting Payroll for May 29, Resolution No. 09-087.
4. Adopt a resolution supporting the move of the Oakland A's to San Jose, Resolution No.
09-088.
5. Authorize the Mayor to sign a letter supporting Mt. Umunhum cleanup.
June 16, 2009 Cupertino City Council Page 2
Cupertino Redevelopment Agency
6. Authorize the Mayor to sign a letter opposi~lg SB 711 regarding labor relations.
7. Alanna Schroeder, (Rocktino Fee, LLC), 10100 Tantau Avenue, APN 316-19-061:
a) Authorize a request for a one year extension for the Use Permit (U-2007-03) for a
retail building and parking garage ~~roject at an existing office site to August 21,
2010, Application No. DIR-2009-Ofi
b) Authorize a request for a one year extension for the Architectural & Site Approval
(ASA-2007-OS) and Exception to the Heart of the City Specific Plan (EXC-2007-
08) for a retail building with a 32-foot setback along Stevens Creek Boulevard and
N. Tantau Avenue, and parking garage project at an existing office site to August
21, 2010, Application No. DIR-2009-07
c) Authorize a request for a ones extension for the Tree Removal Permit (TR-
2007-03) in conjunction with an approved retail building and parking garage
project at an existing office site to August 21, 2010, Application No. DIR-2009-
08
Adopt a resolution setting a hearing date cif July 21 to provide for lien assessments and
collection resulting from abatement of a public nuisance (brush and weeds), resolution
No. 09-089.
9. Accept applications for an Alcoholic Beverage License:
a) TGI Fridays, 10343 N. Wolfe Rd. - On Sale General Eating Place (47)
b) Chiaramonte's Sausage & Deli, 10].23 N. Wolfe Rd. - On Sale Beer and Wine for
Bona Fide Public Eating Place (41)
10. Adopt a resolution adopting the 2007 V<<lley Transportation Authority~VTA Bicycle
Technical Guidelines, Resolution No. 09-090.
11. Authorize the City Manager to apply for I~ ederal stimulus funding from the Department
of Energy (DOE) through the Energy Efficiency and Conservation Block Grant (EECBG)
program and enter into an agreement with Siemens to perform a detailed energy and
water audit of City facilities and grounds.
12. Adopt a resolution calling a General Municipal Election on Nov. 3, 2009, to fill three
City Council seats, Resolution No. 09-091.
June 16, 2009 Cupertino City Council Page 3
Cupertino Redevelopment Agency
13. Award a construction contract for the Memorial Park Softball Field and Library Field
Irrigation Renovation Project, Project No, 2009-02, to B & B Landscape Contractors,
Inc., in the amount of $234,031, and approve a construction contingency of $35,000 to
cover any unforeseen work required to complete the project, for a total of $269,031.
ITEMS REMOVED FROM THE CONSENT (:ALENDAR (above)
PUBLIC HEARINGS -CITY COUNCIL AND REDEVELOPMENT AGENCY
14. Receive public comments, discuss, and adopt the 2009-10 budget:
a. Grant a Negative declaration
b. Adopt a resolution establishing an. berating and capital budget for fiscal year
2009-10, Resolution No. 09-092
c. Adopt a resolution establishing are ~propriation limit for fiscal year 2009-10,
Resolution No. 09-093
d. Adopt a resolution establishing yin operating budget for the Redevelopment
A~encX, Resolution No. 09-01
e. Authorize a Park Planner position and Senior Code Enforcement position
PUBLIC HEARINGS -CITY COUNCIL
15. Adopt a resolution approving the renewal and collection of the existing storm drain fees
at no increase in rates for fiscal year 2009-2010, Resolution No. 09-094.
16. Consider a modification to a Use Permit, (49-U-87) to allow an approximately 6,670
square foot preschool & daycare facility to operate at an existing commercial building.
The application also includes a new outdoor play area in a section of the existing rear
parking lot. (Growing Tree Learning Ce:nter), Application No. M-2009-03, Suna Lai
(Cupertino Stevens, LLC), 20100 Stevens (reek Blvd., Suite 160, APN 369-03-002.
17. Consider a major amendment modifying the Architectural and Site Approval (ASA-2008-
OS), Use Permit Modification (M-2008-0=-), Director's Minor Modification (DIR-2008-
32) and Tree Removal Permit (TR-2008-06) for the purpose of extending the expiration
date of these approvals for six years, phasing construction, clarifying conditions of
approval, and modifying the traffic and signal improvement condition, Application No.
M-2009-02, Tim Kelly (Embarcadero Capital Partners), 1 Results Way, APN Nos. 357-
20-046, 357-20-041. (Continued to July 21 at the request of staff).
June 16, 2009 Cupertino City Council Page 4
Cupertino Redevelopment Agency
UNFINISHED BUSINESS
18. Consider General Plan Amendments, Application Nos. GPA-2008-01, EA-2009-05,
GPA-2009-01, EA-2009-03, City of Cupertino, Citywide (continued from June 10):
a) General Plan Amendment for 2007-2014 Housing Element update
NEW BUSINESS
19. Consider approving revisions to Title 6 Cr~apter 6.28 "Governing the Provision of Cable
and Video Services in the City", of the City of Cupertino Municipal Code.
a) Conduct the first reading of Ordinance No. 09-2045: "An Ordinance of the City of
Cupertino amending Chapter 6.28, governing the provision of cable services in
the City, of Title 6, Franchises, of tl~e Cupertino Municipal Code."
ORDINANCES
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
The City of Cupertino has adopted the provisions' of Code of Civil Procedure X1094.6; litigation
challenging a final decision of the City CounciUR~~development 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, prier 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 ~>08-777-3223 at least 48 hours in advance of the
meeting.
Any writings or documents provided to a majority c f 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.