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00. AgendaCUPERTINO AGENDA CUPERTINO CITY COUNCIL — REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY — REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, March 16, 2010 6:00 p.m. CITY COUNCI MEETING ROLL CALL CLOSED SESSION — 6:00 p.m. 1. Conference with real property negotiator (Government Code 54956.8): 1. Property: 20410 Town center Lane, Suite 210 Cupertino 2. Agency negotiator: Carol Korade 3. Negotiating parties: City of Cupertino and Cornish & Carey Commercial on behalf of TA Associates Realty 4. Under negotiation: Price and terms of payment PLEDGE OF ALLEGIANCE — 6:45 p.m. CEREMONIAL MATTERS — PRESENTATIONS 2. Proclamation to Cupertino High School for their Dell Award. (No documentation in packet). 3. Presentation by Polly Bove regarding the State of the District (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. March 16, 2010 Cupertino Cite Council Page 2 Cupertino Redevelopment Agency 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 Consent Calendar be acted on simultaneously. 4. Approve the minutes from the February 23 and March 2 City Council meetings. 5. Adopt resolutions accepting Accounts P% able for February 26 and March 5, Resolution Nos. 10 -045 and 10 -046. 6. Adopt a resolution accepting Payroll for March 5, Resolution No. 10 -047. 7. Accept the Treasurer's Investment & Budget Report for January 2010. 8. Adopt a resolution rescinding Resoluticn No. 07 -129 and changing the mandatory waiting period before commissioners can apply for the same commission or committee from one to two years, Resolution No. 10 -048. 9. Review bids and award the contract for Blackberry Farm Golf Course Maintenance Project No. 2010 -01 to Professional Turf ]Maintenance in the amount of $174,420.00 per year. 10. Adopt a resolution accepting a Quitclaim Ueed and Authorization for Underground Water Rights, Pyda Srisuresh and Lakshmi Pyda, 10511 Beardon Drive APN 326 -30 -177, Resolution No. 10 -049. 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. 11. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Bernard P. Murphy and Yvonne M. Murphy, 10123 Berkshire Court APN 342- 12 -104, Resolution No. 10 -050. 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. 12. Adopt a resolution accepting a Grant of Easement for Storm Drain Purposes, City of Cupertino, 10981 Franco Court, APN 326 -09 -025, Resolution No. 10 -051. The City of Cupertino hereby grants to Villa Serra Apartments the right and privilege to enter upon said lands contiguous to and along the line of said property for the purpose of locating, construction, repairing, maintaini:;lg or replacing said storm drain. March 16, 2010 Cupertino City Council Page 3 Cupertino Redevelopment Agency 13. Adopt a resolution accepting a Grant of Easement for Fire Department water purposes, City of Cupertino, 10981 Franco Court AF'N 326 -09 -025, Resolution No. 10 -052. The City of Cupertino hereby grants to Villa Serra Apartments the right and privilege to enter upon said lands contiguous to and along the line of said property for the purpose of locating, construction, repairing, maintaining or replacing said Fire Department water. 14. Adopt a resolution approving an Improvement Agreement Carola V. Elliot, 10128 Lebanon Drive APN 342 -14 -023, Resolution No. 10 -053. Through the improvement agreement with the City, the applicant for a building permit for a single - family residential development will be obligated to bond and construct city - specified roadside improvements along the street frontage of their building site. 15. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Carola V. Elliot, 10128 Lebanon Drive APN 342 -14 -023, Resolution No. 10- 054. The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property. 16. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Daniel R. Cook and Kelly U. Dao, 10735 Pinole Court APN 369 -34 -019, Resolution No. 10 -055. 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. 17. Accept a City Project performed under Contract: 2009 Slurry Seal Project No. 2009 -06, American Asphalt. (No documentation in packet). The City's contractor, American Asphalt, has completed work on the 2009 Slurry Seal Project. The work consisted of roadway surface improvements including placement of slurry seals, cape seals, and chip seals. 18. Adopt a resolution supporting the City of Cupertino's participation in Google's Fiber for Communities request for information, Resolution No. 10 -056. 19. Endorse Their Future is Now!, a partnership between the parent community, the Cupertino Educational Endowment Foundation (CEEF) and the Cupertino Union School District Their Future is Now! will step in where state funding leaves off to keep our schools academically sound and nationally competitive. March 16, 2010 Cupertino City Council Page 4 Cupertino Redevelopment Agency ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS UNFINISHED BUSINESS 20. Review and adopt the 2009 -10 City Council work program NEW BUSINESS 21. Consider a request from the Cupertino Cricket Academy a. Use of Library Field for a National Women's Cricket Tournament during Spring 2010 b. Conversion of the Cricket pitch at Library Field to a Turf Wicket Pitch 22. Authorize the City Manager to negotiate and execute the fourth amendment to the lease for 20410 Town Center Lane, Suite 210 in accordance to the terms of the proposal attached as Exhibit B. 23. Authorize the City Manager and City Attorney to prepare an ordinance for City Council's consideration to move the date of the City's general municipal election and consolidate it with the statewide general election commencing in November 2012. ORDINANCES 24. Conduct the second reading of Ordinance No. 10 -2055: "An Ordinance of the City Council of the City of Cupertino amending the Heart of the City Specific Plan to update the Heart of the City Specific Plan and achieve conformance with the General Plan." (Continued from March 2). STAFF REPORTS COUNCIL REPORTS ADJOURNMENT March 16, 2010 Cupertino City Council Page 5 Cupertino Redevelopment Agency 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 Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter rime 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 §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 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.