00. AgendaCUPERTINO
AGEPIDA
CUPERTINO CITY COUNC:[L ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT ~~GENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, Oct~~ber 6, 2009
6:00 p.m.
CITY COUNCIL MEETING
CLOSED SESSION - 6:00 p.m. Community Hall
Public Emplo ewe Appointment of the City AttorneX (Government Code 54957). No
documentation in packet.
PLEDGE OF ALLEGIANCE - 6:45 p.m.
ROLL CALL
CEREMONIAL MATTERS -PRESENTATIONS
2. Proclamation in recognition and support of California Arts Day, October 9, 2009. (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.
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 September 15 City Council meeting.
October 6, 2009 Cupertino City Council Page 2
Cupertino Redevelopment Agency
4. Adopt resolutions accepting Accounts Pa~ ay ble for September 11, 18, and 25, Resolution
Nos. 09-152 through 09-154.
5. Adopt a resolution accepting Pa•~ for September 18, Resolution No. 09-155.
6. Accept the Treasurer's Investment report for August 2009.
7. Authorize the City Manager to sign the agreement with Valley Church for donation of the
mobile skate park eduipment.
8. Adopt a resolution accepting a Quitclaim :Deed and Authorization for Underground Water
Rights, Yu Zheng and Mei Yan 10530 Mira Vista Avenue, APN 357-04-027, Resolution
No. 09-156.
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 an im rovement agreement, Brett G. Alten and Tomoko
Matsumoto, 22661 San Juan Road, APN 342-17-109, Resolution No. 09-157.
Through the improvement agreement with the City, the applicants for a building permit
for asingle-family development will be obligated to bond and construct city-specified
roadside improvements along the street frontage of their building site.
10. Accept a city project performed under contract: 2009 Pavement Restoration, Project No.
2009-03.
The City's contractor G. Bortolloto & Company, Inc. completed work on the 2009
Pavement Restoration Project. The project involved pavement patching on various city
streets.
1 1. Adopt a resolution accepting a Grant of >=;asement for Open Space Purposes, Chuan-Min
Chang and Chiu-Chuan H. Wang, 10220 Sterling Boulevard, APN 375-24-026.
Resolution No. 09-158.
The property owners of this residential development agree to grant to the City an
easement for Open Space purposes, together with the right to construct, install, and
maintain a future public creek trail, over a portion of the property.
12. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Yifong Shih and Wan-Yen H:~u, 10650 Madrid Court, APN 356-08-049,
Resolution No. 09-159.
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.
October 6, 2009 Cupertino City Council Page 3
Cupertino Redevelopment Agency
13. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Apple Inc., 10431 North De Anza Boulevard, APN 326-33-114, Resolution No.
09-160.
The property owner of this commercial development agrees to grant to the City the right
to extract water from the basin under the overlying property.
14. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Marci
Properties, LLC, A Delaware Limited Liability Company, 10056 Oran e Ave, APN 357-
17-058, Resolution No. 09-161.
The property owners of this residential development agree to grant to the City an
easement for public roadway purposes, to=;ether with the right to construct, operate, repair
and maintain public utilities and improvements, over a portion of the property.
15. Approval of expenditure from the Maycr's Discretionary Fund for travel to Korea by
Vice-Mayor Wang for the Asian Pacific Cities Summit in the amount of $1,201.68.
16. Approve an application for an Alcoholic Beverage License for Aqui Cal Mex (formerly
Harvest), 10630 S. De Anza Blvd., On-Sale General for Bona Fide Public Eating Place
(47).
17. Approve an application for an Alcoholic Beverage License for C&C Breeze Cafe
(formerly Fortune Garden), 21670 Stevens Creek Blvd., On-Sale Beery & Wine -Eating
Place (41).
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
18. Consider a modification to an existin~;e Permit (U-2004-01) to amend the conditions
to allow commercial/office uses where only retail had been allowed, Application No. M-
2009-07, Catherine Chen (Cupertino Adobe, LLC), 20130 & 20132 Stevens Creek
Boulevard, APN 369-03-001.
19. Conduct a public hearing and the second reading of Ordinance No. 09-2048: "An
Ordinance of the City Council of the City of Cupertino adding Chapter 1.10 to the
Cupertino Municipal Code pertaining to administrative citations, fines, and Penalties."
UNFINISHED BUSINESS
20. Adopt a resolution approving asemi-rur~il designation to eliminate the requirement for
sidewalks on Santa Lucia Road pursuant to Ordinance No. 1925, Resolution No. 09-145.
(Continued from Sept. 15).
October 6, 2009 Cupertino City Council Page 4
Cupertino Redevelopment Agency
NEW BUSINESS
21. Conduct the first reading of Ordinance No. 09-2049: "An Ordinance of the City Council
of the City of Cupertino Amending Cupertino Municipal Code Section 14.04.040, Street
Improvements: Requirements -General, to include language regarding rural and semi-
rural designation for properties with front~ige along more than one street".
22. Receive the annual commissions and committees scheduled vacancy report with terms
expiring January 30, 2010, and select an application deadline date and interview dates.
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 §1094.6; litigation
challengizzg a final decision of the City Council/Iedevelopment Agency must be brought withizz 90
days after a decision is azttzouzzced uzzless a shorter time is required by State or Federal law.
Any izzterested person, izzcluding 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 Ciry of Cupertino will make
reasozrable efforts to accommodate persozzs with qualified disabilities. If you require special
assistance, please cozztact the city clerk's office at 408-777-3223 at least 48 hours izt advazzce of the
meeting.
Any writings or documents provided to a majority of the Cupertino Ciry Council after publication of
the packet will be made available for public inspec,tiozz izz the Ciry 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.