00. AgendaCUPERTINO
AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, Jully 7, 2009
6:00 p.m.
CITY COUNCIL MEETING
CLOSED SESSION - 6:00 p.m.
1. Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public
Employee -Government Code Section 54957(b)(1) regarding appointment of the City
Attorney. (No documentation in packet).
PLEDGE OF ALLEGIANCE - 6:45 p.m.
ROLL CALL
CEREMONIAL MATTERS - PRESENTATIC-NS
2. Employee CERT graduation. (No documentation in packet).
3. E-services presentation regarding on-line business license renewals, inspection
scheduling and plan review status. (No documentation in packet).
POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a matter not listed on the agenda.
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Cupertino Redevel~~pment Agency
CONSENT CALENDAR
Unless there are separate discussions and/or actic~ns requested by council, staff or a member of
the public, it is requested that items under the Consent Calendar be acted on simultaneously.
4. Approve the minutes from the June 2 and l 6 City Council meetings.
5. Adopt resolutions accepting Accounts Pa~~able for June 12, 19, and 26, Resolution Nos.
09-095 through 09-097.
6. Adopt resolutions accepting Payroll for June 12 and 26, Resolution Nos. 09-098 and 09-
099.
7. Accept the Treasurer's Investment Report for May 2009, including a report on General
Fund Revenues and Expenditures.
8. Consider the Teen Commission composition and application screening process:
a) Adopt a resolution amending the ~['een Commission composition to decrease the
membership from 13 members to 9 members by the year 2010, Resolution No. 09-
078 (continued from June 2)
b) Direct staff to further amend the: Teen Commission resolution regarding the
application screening_process
9. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Mission West Properties I, L.P., 20400 Mariani Avenue, APN 316-22-018,
Resolution No. 09-100.
The property owners of this development agree to grant to the City the right to extract
water from the basin under the overlying property.
10. Adopt a resolution approving an improvement agreement, Huei-Hwang Hung and Tracy
Hsu, 21871 Dolores Avenue, Parcel 2, Resolution No. 09-101.
Through the improvement agreement with the City, the applicant for a building permit for
a single-family residential development ~Nill be obligated to bond and construct city-
specified roadside improvements along the street frontage of their building site.
11. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Huei-Hwang Hung and Tracy Hsu, 21871 Dolores Avenue, Parcel 2, Resolution
No. 09-102.
The property owners of this residential de~~elopment agree to grant to the City the right to
extract water from the basin under the overlying property.
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Cupertino Redevelopment Agency
12. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Union Church of Cupertino, 2090~~ Stevens Creek Boulevard, APN 359-08-024,
Resolution No. 09-103.
The property owners of this development agree to grant to the City the right to extract
water from the basin under the overlying property.
13. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Kong-Yeu Han and Sue-Jane Han, 21881 Dolores Avenue, Parcel 1, Resolution
No. 09-104.
The properly owners of this residential development agree to grant to the City the right to
extract water from the basin under the overlying property.
14. Adopt a resolution expressing the intent to vacate a Pacific Gas and Electric Company
Utility Easement, City of Cupertino parcel north of Highway 280 underneath the northern
approach of the Mary Avenue Bridge, Resolution No. 09-105.
The City agrees to vacate a Pacific Gas an~i Electric Company Utility Easement that is no
longer required by PG&E. A portion of the land will be transferred to Caltrans as a result
of the construction of a new soundwall for the Mary Avenue Bridge Project.
15. Adopt a resolution expressing the intent to vacate a Slope Easement, David Nilsson,
10037 Scenic Boulevard, APN 357-09-056, Resolution No. 09-106.
The City agrees to vacate a slope easement: that encumbers a portion of this property. The
easement was originally accepted to maintain a potential slope that would have been
created with an expansion of Stevens Creek Boulevard. The expansion of Stevens Creek
Boulevard, in this area, was never realized.
16. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Stelling Palms of Cupertino, LLC, a California Limited Liability Company, 10855
N. Stelling Road, Amended Map of Tract rJo. 9983, Resolution No. 09-107.
The property owners of this multi-family residential development agree to grant to the
City the right to extract water from the basin under the overlying property.
17. Adopt a resolution approving a Stormwater Management Facility Easement Agreement,
Stelling Palms of Cupertino, LLC, a California Limited Liability Company, 10855 N.
Stelling Road, Amended Map of Tract No. 9983, Resolution No. 09-108.
Through an agreement with the City, the ~~roperty owners of this multi-family residential
development will be required to grant ingress and egress rights to the City for the purpose
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Cupertino Redevel~~pment Agency
of inspecting stormwater management facilities installed in accordance with the approved
Stormwater Management Plan.
18. Adopt a resolution approving a Storm~,vater Management Facilities Operation and
Maintenance Agreement, Stelling Palm; of Cupertino, LLC, a California Limited
Liability Company, 10855 N. Stelling Road, Amended Map of Tract No. 9983,
Resolution No. 09-109.
Through an agreement with the City, the f~roperty owners of this multi-family residential
development will be required to operate and maintain stormwater management facilities
in accordance with the approved Stormwater Management Plan, to minimize adverse
impacts due to changes in storm and surface water flow conditions.
19. Adopt a resolution authorizing the executic-n of a Maintenance Agreement, Stelling Palms
of Cupertino, LLC, a California Limited Liability Company, 10855 N. Stelling Road,
Amended Map of Tract No. 9983, Resolution No. 09-110.
Through an agreement with the City, the f~roperty owners of this multi-family residential
development will be required to maintain ~~ll non-standard items within the City's right of
way.
20. Accept municipal improvements, Andrew .loseph Debaets and Rebecca Rea Smith, 10399
Byrne Avenue, APN 357-12-027.
The applicant has completed City-specified improvements in the City right-of--way,
including driveway approach, grading, curb and gutter as required by the improvement
agreement with the City.
21. Review bids and award the contract for Pavement Restoration, Project No. 2009-03, to G.
Bortolotto & Co., Inc., in the amount of $198,876.00, and approve a construction
contingency of $20,000.00 to cover any unforeseen work required to complete the project,
for a total of $218,876.00.
22. Accept the resi ng ation of Bicycle Pedestri~ln Commissioner Donald Armstrong and direct
staff to advertise the vacancy.
23. Approve a resolution authorizing the City Attorney to cooperate with the League of
California Cities, other cities and counties in litigation challenging the constitutionality of
any seizure b~~overnment of the City's street maintenance funds, Resolution No.
09-111.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
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Cupertino Redevelopment Agency
UNFINISHED BUSINESS
NEW BUSINESS
24. Defer for 90 days any consideration of they letter from John Zirelli of Los Altos Garbage
Company (LAGCo) proposing additional collection services and expansion of recycling
services for the City of Cupertino in excr~ange fora 5 year extension and an additional
five year option of the existing LAGCo Solid Waste Services Contract with the City
which will expire October 31, 2010.
25. Consider and approve the list of unfunded projects for the FY 2009-2010 Capital
Improvement Program.
26. Consider approving the FY 2009-10 Planning Commission Work Program.
27. Conduct the first reading of Ordinance Na. 09-2046: "An Ordinance of the City Council
of the City Of Cupertino amending Ch~ipter 9.06 of the Cupertino Municipal Code
relating to massage establishments and services by replacing it in its entirety."
28. Designate a voting deli and up to two alternates for the League of California Cities
Annual Conference Sept. 16-18 in San Jose;.
29. Schedule a joint meeting with the Park:. and Recreation Commission on July 21 to
discuss Simms and Stocklmeir properties. ~No documentation in packet).
ORDINANCES
30. Conduct the second 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 the Cupertino Municipal Code."
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
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Cupertino Redevelopment Agency
REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.
The City of Cupertino has adopted the provision:r of Code of Civil Procedure X1094.6; litigation
challenging a final decision of the City CounciJ/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 X2.08.096.
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons wit`s 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.