00. AgendaCUPERTINO
AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, September 1, 2009
6:00 p„m.
CITY COUNCIL MEETING
CLOSED SESSION - 6:00 p.m. Community Hall.
1. Public Employee Appointment of the City Attorney (Government Code 54957). No
documentation in packet.
PLEDGE OF ALLEGIANCE - 6:45 p.m.
ROLL CALL
CEREMONIAL MATTERS -PRESENTATIONS
2. Proclamation to the Cupertino Library in recognition of outstanding service to patrons in
the last fiscal year. (No documentation in p;~cket).
POSTPONEMENTS
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for person: 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.
Approve the minutes from the July 21 and. the August 4 City Council meeting. (July 21
approval was continued from the last meeti~lg).
September 1, 2009 Cupertino City Council Page 2
Cupertino Redevelopment Agency
4. Adopt resolutions accepting Accounts Payable for July 31, August 7, and August 14,
Resolution Nos. 09-131 through 09-133.
5. Adopt resolutions accepting Payroll for August 7 and 21, Resolution Nos. 09-134 and 09-
135.
6. Accept the Treasurer's Investment report for July 2009.
7. Approve the Parks and Recreation Commission recommendations for FY 2009-2010
Work Plan.
8. Receive the Annual Re>1 °rt from July 1, 2008 to June 30, 2009.
9. Approve a fee waiver request from the League of Women Voters of Cupertino-Sunnyvale
of approximately $300.00 in facility use fees for the use of Cupertino Community Hall
for the Cupertino City Council candidates on September 21, 2009, from 6:30 p.m. until
9:30 p.m.
10. Accept munic~al improvements, Bleskom LLC, 10185, 10215, and 10227 Empire
Avenue, APNs 326-22-040, 326-22-041, acid 326-22-042.
The applicant has completed City-specified improvements in the City right-of--way
including sidewalk, curb & gutter, street tree, and driveway approach as required by the
improvement agreement with the City. These parcels were formerly on APNs 326-22-002
and 326-22-029.
11. Accept municipal improvements, Sin Choi Yong and Yu Ping Lin, 10585 San Leandro
Avenue, APN 357-OS-076.
The applicants have 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.
12. Adopt a resolution vacating a remaining_p,arcel dedicated by subdivision 9875, Crescent
Manor (Kelly Gordon, 10114 Crescent Court, Resolution No. 09-136.
13. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Steve Chih-Heng Chen and Hsiu-N[ei Chang Chen, 10568 McClellan Place, APN
359-20-039, Resolution No. 09-137.
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.
September 1, 2009 Cupertino Cit}~ Council Page 3
Cupertino Redevel~~pment Agency
14. Adopt a resolution approving a final m<<p, Cupertino Property Development I, LLC,
10090 Wolfe Road, APN 316-20-037 & 316-20-038, Resolution No. 09-138.
Approval of the final map permits the male to be forwarded to the County for recording,
which completes the subdivision.
15. Adopt a resolution accepting a Quitclaim 1:-eed and Authorization for Underground Water
Rights, Joseph T.H. Chen and Celia H.F. Chen, 20100 Stevens Creek Boulevard, APN
369-03-002, Resolution No. 09-139.
The property owners of this commercial d~:velopment agree to grant to the City the right
to extract water from the basin under the overlying property.
16. Review bids and award the contract for the Homestead Road Pavement Rehabilitation,
Project No. 2009-05, to O'Grad~ing, in the amount of $606,609.10, and approve a
construction contingency of $100,000.00 to cover any unforeseen work required to
complete the project, for a total of $706,60!x.10.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
17. Consider a modification to a Use Permit (U-2003-04) to remove the Public Pedestrian
Easement at the Metropolitan at Cupertino condominium complex, Application No. M-
2009-06, Elaine Chong (Metropolitan at Cupertino, HOA), 19501, 19503, 19505 and
19507 Stevens Creek Blvd., APN 316-49-999.
UNFINISHED BUSINESS
NEW BUSINESS
18. Conduct the first reading of Ordinance No. 09-2048: "An Ordinance of the City Council
of the City of Cupertino adding Chapter 1. ~l 0 to the Cupertino Municipal Code pertaining
to administrative citations, fines, and penal~:ies."
19. Consider the Petition for Reconsideration ~~f the July 21, 2009 City Council decision on
item 15, to establish a trial period for a spe~~ific time for unfenced off-leash areas for dogs
in Memorial Park, Jollyman Park, Linda 'Jista Park, and Library Field, if over 50% of
households within 1500 feet and over 50% of the park users surveyed over a 30-day
period approve. At the conclusion of the nearing on the Petition for Reconsideration, the
Council may:
A. Adopt a resolution denying the Petition for Reconsideration thereby affirming the
original decision, or
B. Reverse or modify the original July 21, 2009 City Council decision on item 15
September 1, 2009 Cupertino Cit}~ Council Page 4
Cupertino Redevelopment Agency
20. Consider possible changes to the County's abatement deadline for the 2010 weed
abatement program.
21. Consider cancelling the meeting of Sept. 1 `i. (No documentation in packet).
ORDINANCES
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 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 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. If you require special
assistance, please contact the city clerk's office at -t08-777-3223 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.