00. AgendaCUPERTINO
FIT" Ole 117.1
CUPERTINO CITY COUNCIL — REGULAR ADJOURNED MEETING
CUPERTINO REDEVELOPMENT AGENCY— REGULAR ADJOURNED MEETING
10350 Torre Avenue, Community Hall Council Chamber
Wednesday, June 9, 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). No documentation in
packet:
a. Agency negotiator: Carol Atwood
b. Employee organization: Operating Engineers Local Union No.3 (OE3) and
Cupertino Employee's Association (CEA)
2. Conference with Real Property Negotiator (Government Code 54956.8). No
documentation in packet:
a. Property: 10800 Torre Avenue, Cupertino, CA
b. Negotiator: Terry Greene
C. Negotiating parties: City of Cupertino and Streeter and Sons, dba Coffee Society
d. Under negotiation: Lease - Price and terms of payment
PLEDGE OF ALLEGIANCE - 6:45 p.m.
CEREMONIAL MATTERS — PRESENTATIONS
3. Presentation from the De Anza Optimist Club recognizing the Outstanding Officer in
Servicing the Community. (No documentation in packet).
4. Proclamation recognizing Relay for Life in Cupertino which honors cancer survivors,
educates the general public about the importance of early detection and prevention of
cancer, and raises funds in the fight against cancer. (No documentation in packet).
June 9, 2010 Cupertino City Council Page 2
Cupertino Redevelopment Agency
5. Proclamation recognizing Lucille Honig for her many years of service as Chair of the
Toyokawa Sister City Committee. (No documentation in packet).
6. Presentation from the Cupertino- Hsinchu Sister City Association regarding the recent
student exchange visit to Hsinchu.
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 actions requested by council, staff or a member of
the public, it is requested that items under the Consent Calendar be acted on simultaneously.
7. Adopt a resolution accepting Accounts Pay ible for May 28, Resolution No. 10 -109.
8. Adopt a resolution accepting Payroll for May 28, Resolution No. 10 -110.
9. Adopt a resolution authorizing an application to the State of California for grand funding
from the Nature Education Facility Program, Resolution No. 10 -111.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS - CITY COUNCIL AND REDEVELOPMENT AGENCY
10. Receive public comments, discuss, and adopt the 2010 -11 budget
a. Grant a Negative declaration
b. Adopt a resolution establishing an operating and capital budget for fiscal year
2010 -11, Resolution No. 10 -112
C. Adopt a resolution establishing an appropriation limit for fiscal year 2010 -11,
Resolution No. 10 -113
d. Adopt a resolution establishing an operating budget for the Redevelopment
Amy for fiscal year 2010 -11, Resolution No. 10 -01
June 9, 2010 Cupertino City Council Page 3
Cupertino Redevelopment Agency
UNFINISHED BUSINESS
11. Report on the evaluation of the scope alternatives for the proposed Mary Avenue Dog
Park
12. Recommend the following actions regarding permanent financing for the energy savings
performance contract with Siemens Building Technologies:
a. Approve using undesignated General Fund reserves of $1,133,845 to replenish the
Economic Uncertainty reserves borrowed for the Siemens project
b. Adopt Resolution No. 10 -114 giving; the City the option to obtain financing in the
future for the project, if conditions warrant
C. Amend the Economic Uncertainty I fund reserve policy to authorize that the City
Council may approve borrowing up to 10% of the policy level, for a term not to
exceed six years, if payback of said reserves can be reasonably estimated and
assured
NEW BUSINESS
ORDINANCES
13. Conduct the second 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 RI-7.5 for property located north and abutting to 10642 North
Portal Avenue (APN's 316 -32 -047, - 048)"
14. Conduct the second 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 Giant (CDBG) oversight.
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
Adjourn to Tuesday, July 20 from 3:00 p.m. to 6:00 p.m. for a study session regarding Lehigh air
quality, Cupertino Community Hall, 10350 Torre Avenue. Tonight's meeting replaces the regular
meeting of June 15. The meeting of July 6 has been cancelled.
June 9, 2010 Cupertino City Council Page 4
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 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.