00. AgendaCUPERTINO
AGENDA
CUPERTINO CITY COUNCIL — REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY — REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, June 1, 2010
6:00 p.m.
CITY COUNCIL & REDEVELOPMENT AGENCY JOINT MEETING
ROLL CALL — 6:00 p.m.
CLOSED SESSION
1. Conference with labor negotiator (Government Code 54957.6). No documentation in
packet:
a. Agency Negotiator: City Manager and Director of Administrative Services
b. Employee organizations: Operating; Engineers Local No. 3 and Cupertino City
Employee's Association
PLEDGE OF ALLEGIANCE — 6:45 p.m.
CEREMONIAL MATTERS — PRESENTATIONS
2. Proclamation for Their Future is Now! recognizing the remarkable accomplishments of
the group which have benefitted the entire community. (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 wii:h respect to a matter not listed on the agenda.
June 1, 2010 Cupertino City Council Page 2
Cupertino Redevelopment Agency
CONSENT CALENDAR — CITY COUNCIL AND REDEVELOPMENT AGENCY
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.
3. Approve the minutes from the August 4, 2009 Redevelopment Agency meeting.
4. Approve the minutes from the May 18 City Council meeting.
5. Adopt resolutions accepting Accounts Payable for May 14 and 21, Resolution Nos. 10-
101 and 10 -102.
6. Adopt a resolution accepting Payroll for May 14, Resolution No. 10 -103.
7. Adopt the amended City Investment Policy for 2010.
8. Adopt a resolution approving the destruction of records from the Parks & Recreation
(Senior Center) and Community Development (Planning) departments, Resolution No.
10 -104.
9. Adopt a resolution expressing the intent to vacate a portion of City Right of Way on
Stevens Canyon Road at 22605 Ricardo Rc ad, Resolution No. 10 -105.
The owner of this parcel petitioned the City to vacate a portion of the existing right of
way, adjacent to his property, which is no longer needed for roadway purposes.
10. Authorize support for AB 1784 (Fong) — regarding _ local roadway projects
This legislation allows the Santa Clara Valley Transportation Authority (VTA) to enter
into agreements with any of the 15 cities within Santa Clara County, or with the County,
to improve a local roadway facility under their mutual jurisdiction.
11. Move the June 15 City Council meeting to June 9 beginning at 6:45 p.m. (No
documentation in packet).
12. Consider fee waiver for Their Future is N ow! of approximately $280 in facility use fees
for the use of the Cupertino Room for a volunteer recognition event on May 21, 2010,
from 4:30 p.m. until 8:00 p.m.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS - CITY COUNCIL AND REDEVELOPMENT AGENCY
13. Conduct the first of two public hearings on the 2010 -11 budget
June 1, 2010 Cupertino City Council Page 3
Cupertino Redevelopment Agency
PUBLIC HEARINGS - CITY COUNCIL
14. Consider adopting a resolution approving t11e renewal and collection of the existing storm
drain fees at no increase in rates for fiscal year 2010 -2011, Resolution No. 10 -106.
15. Consider Application Nos. TM- 2010 -02 (EA- 2010 -01), Z- 2010 -01, V- 2010 -01, Pam
Yoshida (Richard Gregersen) 10642 North Portal Avenue APN Nos. 316 -25 -054, 316-
25 -047, 316 -25 -048 (continued from May 18):
a. Adopt a Mitigated Negative Declaration
b. Subdivide 0.618 acres into two single - family residential lots of approximately
11,737 and 13,982 gross square fees: with an exception area of 1,211 square feet in
the City of Sunnyvale
C. Prezone and Rezone 0.028 acres from the City of Sunnyvale to pre- R1 -7.5 and
0.590 acres to R1 -7.5
d. Variance to allow a lot width of 55 feet in an R -1 zoning district where 60 feet is
required
e. Conduct the first reading of Ordinance No. 10 -2059: "An Ordinance of the City
Council of the City of Cupertino approving the prezoning and rezoning of
approximately 0.618 acre, consisting of a prezoning of 0.028 acre from the City of
Sunnyvale to pre- R1 -7.5 (Single - Family Residential, 7,500 square feet minimum
lot size), and a rezoning of 0.59 acre from Al -43 to R1 -7.5 for property located
north and abutting to 10642 North Portal Avenue (APN's 316 -32 -047, - 048)"
16. Consider approving the Historic Preservation Policy and related General Plan
Amendment, Application No. CP- 2007 -03, City of Cupertino, Citywide.
17. Consider a Use Permit to allow an 8,400 square foot daycare ( Kiddie Academy facility to
operate at an existing commercial building. The application also includes a new outdoor
play area in the existing rear parking lot, Application No. U- 2009 -09, Cindy Cheng
(Cupertino Investment Partners, LLQ, 19875 Stevens Creek Boulevard, APN 316 -21 -031.
UNFINISHED BUSINESS
18. Receive a report on the preliminary elements for a nine -month trial of a fenced dog park
at the Mary Avenue site.
June 1, 2010 Cupertino City Council Page 4
Cupertino Redevelopment Agency
NEW BUSINESS
19. Consider objections to the proposed removal of brush and adopt a resolution ordering the
abatement of public a nuisance (city -wide: brush abatement) pursuant to provisions of
Ordinance No. 724 and Resolution No. 10 -096, Resolution No. 10 -107.
20. Consider adopting an ordinance amending Chapter 2.86 of the Cupertino Municipal Code
regarding the expansion of the Housing Commission's duties to include oversight of the
Community Development Block Grant (CDBG) program, Ordinance No. 10 -2062.
First reading of Ordinance No. 10 -2062: "An Ordinance of the City Council of the City of
Cupertino amending Chapter 2.86: Housing Commission, of the Cupertino Municipal
Code expanding the Housing Commission's responsibilities to include Community
Development Block Grant (CDBG) oversight.
21. Adopt a resolution to consider approving a Disposition and Development Agreement
(DDA) between the City of Cupertino and Habitat for Humanity to transfer property on
Cleo Avenue from City ownership to Habitat for Humanity Silicon Valley ownership,
Resolution No. 10 -108.
ORDINANCES
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
Adjourn to Wednesday, June 9 at 6:45 p.m. for the next regular City Council meeting. This
meeting will take the place of the June 15 meeting, Community Hall Council Chamber, 10350
Torre Avenue, Cupertino.
June 1, 2010 Cupertino City Council Page 5
Cupertino Redevelopment Agency
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 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 §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 1!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.