01. Agenda (amended)Amended on July 17th to add Item 11A
CUPERTINO
AGEr1DA
CUPERTINO CITY COUNC[L ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT .AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, July 21, 2009
6:00 p.m.
CITY COUNCIL MEETING
CLOSED SESSION - 6:00 p.m.
1. Significant exposure to litigation pursuant to subdivision (b) of GC Section - 54956.9
(one potential case). No documentation in packet.
PLEDGE OF ALLEGIANCE - 6:45 p.m.
ROLL CALL
CEREMONIAL MATTERS -PRESENTATIONS
2. Adopt a resolution affirming the City of Cupertino's support and partnership with the
2010 census, Resolution No. 09-121.
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 acti~~ns requested by council, staff or a member of
the public, it is requested that items under the Consent Calendar be acted on simultaneously.
3. Approve the minutes from the June 10 and July 7 City Council meetings.
4. Adopt resolutions accepting Accounts Pa~~able for July 2 and 10, Resolution Nos. 09-112
and 09-113.
July 21, 2009 Cupertino City Council Page 2
Cupertino Redevelopment Agency
5. Adopt a resolution accepting Payroll for July 10, Resolution No. 09-114.
6. Adopt a resolution replacing Teen Commission Resolution No. 09-078 to delete Section
A regarding rankin so that all applicants would be interviewed, Resolution No. 09-115.
7. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Puttappaiah Muniyappa and Kavitha Puttappaiah, 10210 Peninsula Avenue, APN
326-22-017, Resolution No. 09-116.
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.
8. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Arindam Chakraboriy and Pompee Chakraborty, 930 Rose Blossom Drive, APN
359-06-028, Resolution No. 09-117.
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.
9. Adopt a resolution approving a Parcel Map for condominium purposes, Monta Vista
Oaks Inc., a California Corporation, 21761 Granada Avenue, APN 357-17-116,
Resolution No. 09-118.
Approval of the parcel map permits the map to be forwarded to the County for recording,
which completes the subdivision.
10. Review bids and award the contract for 2009 Reconstruction of Curbs, Gutters, and
Sidewalks, Project No. 2009-04, to Maxicrete Inc., in the amount of $418,605.00, and
approval of a contingency amount of $40,000 for additional work that may be identified
and approved by the Director of Public Works.
11. Review bids and award the contract for the 2009 Slurry Seal Program, Project No. 2009-
06 to the lowest, qualified bidder contingent on staff providing the results of the bid
opening at the meeting.
11A. Authorize the City Manager to sign, on behalf of the City, a West Valley Community
Services application for funding a Homelessness Prevention and Rapid Re-housing
Program. (HPRP)
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
July 21, 2009 Cupertino City Council Page 3
Cupertino Redeye opment Agency
PUBLIC HEARINGS
12. Consider a major amendment modifying the Architectural and Site Approval (ASA-2008-
OS), Use Permit Modification (M-2008-03), Tree Removal Permit (TR-2008-06), and
Director's Minor Modification (DIR-2008-32) for the purpose of extending the expiration
date of these approvals for six years, ~~hasing 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 from June 16).
UNFINISHED BUSINESS
13. Consider General Plan Amendments, Ap~~lication Nos. GPA-2009-01 and EA-2009-03,
City of Cupertino, Citywide (continued from June 2):
a. Adopt a Negative Declaration
b. Consider increasing the office allocation in the General Plan
NEW BUSINESS
14. Conduct a hearing and adopt a resolution ;approving the assessment of fees for the annual
weed abatement program (private parcels).. Resolution No. 09-119.
15. Consider the following actions for a trial period for anoff-leash area for dogs:
a. Adopt rules for use of an off-leash area for dogs in a City park
b. Authorize a subcommittee from members of the Citizens Group to work with the
City and County of Santa Clara to conduct a study for a fenced dog park at
Stevens Creek County Park
c. After neighbor and park user :support is obtained by the Citizens Group
Committee, authorize asix-month trial for a fenced off-leash area at Linda Vista
Park
d. Continue the community discussion with a smaller, appointed group of citizens
for a trial period for an unfenced off-leash area at Memorial Park and/or Jollyman
Park
July 21, 2009 Cupertino City Council Page 4
Cupertino Redevelopment Agency
16. Consider placing a measure on the November 3, 2009, General Municipal Election to
amend the telephone utility users tax (UUT) ordinance. The amendment would modernize
the municipal code wording to treat all taxpayers the same regardless of technology used,
with no rate increases and no changes to senior citizen exemptions:
a. Adopt a resolution to place a measure on the ballot at the November 3, 2009,
General Municipal Election, Resolution No. 09-120; or
b. Defer the matter at this time and direct staff to undertake further study and report
back with options regarding such a measure at a future election
17. Consider canceling the meetin og f Au ug st 4. (No documentation in packet).
ORDINANCES
18. Conduct the second reading of Ordinance No. 09-2046: "An Ordinance of the City
Council of the City Of Cupertino amending Chapter 9.06 of the Cupertino Municipal
Code relating to massage establishments and services by replacing it in its entirety."
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
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 CounciURedevelopment 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 with qualified disabilities. IJ 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
agendalminutes page on the Cupertino web site.