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02-01-11 Bookmarked Agenda.pdf AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, February 1, 2011 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS – PRESENTATIONS 1. Subject: Proclamation recognizing the Santa Clara County Library, the Friends of the Cupertino Library, and the Cupertino Library Foundation for their support of the 9th Annual Silicon Valley Reads Recommended Action: Present proclamation Page: No written materials 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. February 1, 2011 Cupertino City Council 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. 2. Subject: January 4 City Council minutes, special meeting Recommended Action: Approve minutes Draft minutes (special meeting) Page: 3. Subject: January 4 City Council minutes, regular meeting Recommended Action: Approve minutes Draft minutes Page: 4. Subject: Accounts Payable for period ending January 7, 2011 Recommended Action: Adopt Resolution No.11-008 Draft Resolution Page: 5. Subject: Accounts Payable for period ending January 14, 2011 Recommended Action: Adopt Resolution No. 11-009 Draft Resolution Page: 6. Subject: Accounts Payable for period ending January 21, 2011 Recommended Action: Adopt Resolution No.11-010 Draft Resolution Page: 7. Subject: Payroll for period ending January 7, 2011 Recommended Action: Adopt Resolution No.11-011 Draft Resolution Page: 8. Subject: Payroll for period ending January 21, 2011 Recommended Action: Adopt Resolution No. 11-012 Draft Resolution Page: February 1, 2011 Cupertino City Council Cupertino Redevelopment Agency 9. Subject: Approve destruction of records from the City Clerk and Parks & Recreation (Quinlan and Senior Center) departments Recommended Action: Adopt Resolution No. 11-013 Draft resolution City Clerk 1 City Clerk 2 P&R Quinlan P&R Senior Center Page: 10. Subject: Add Annex to Disaster Plan for care of animals Recommended Action: Approve as an Annex to the Cupertino Emergency Plan Description: Document addresses Cupertino’s role in caring for displaced pets and stray animals following a major emergency when the City’s Animal Control Service is overwhelmed Staff Report Animal Disaster Annex Page: 11. Subject: Endorse council opposition to Governor Brown’s budget proposal to eliminate redevelopment agencies Recommended Action: Accept Legislative Committee recommendation Description: The legislative committee has recommended adoption of council action that will allow the mayor to express council opposition to provisions in the governor's January Budget Proposal which proposes to eliminate redevelopment agencies (RDAs) in California Draft letter to state elected representatives Page: 12. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Sanjoy K. Poddar and Sadia Rupa Poddar, 10145 Camino Vista Drive Recommended Action: Adopt Resolution No. 11-014 Description: 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 Resolution Quitclaim Deed Map Page: February 1, 2011 Cupertino City Council Cupertino Redevelopment Agency 13. Subject: Improvement Agreement, Sanjoy K. Poddar and Sadia Rupa Poddar, 10145 Camino Vista Drive Recommended Action: Adopt Resolution No. 11-015 Description: Through the improvement agreement with the City, the applicants 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 Resolution Improvement Agreement Map Page: 14. Subject: Alcoholic Beverage License, Cupertino Liquors, 7335 Bollinger Road, Suite F (near Red Crane) Recommended Action: Approve application for Off Sale General Staff Report Application for Alcoholic Beverage License Page: 15. Subject: Alcoholic Beverage License, Kong Tofu & BBQ, 19626 Stevens Creek Boulevard (Marketplace, former Wahoo's) Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide Public Eating Place Staff Report Application for Alcoholic Beverage License Page: 16. Subject: Alcoholic Beverage License, Rite Aid 5967, 20580 East Homestead Road (PW Market Shopping Center) Recommended Action: Approve application for Off Sale General Staff Report Application for Alcoholic Beverage License Page: 17. Subject: Alcoholic Beverage License, Village Falafel, 20010 Stevens Creek Boulevard (SWC at Blaney) Recommended Action: Approve application for On-Sale Beer and Wine for a Bona Fide Public Eating Place Staff Report Application for Alcoholic Beverage License Page: ITEMS REMOVED FROM THE CONSENT CALENDAR (above) February 1, 2011 Cupertino City Council Cupertino Redevelopment Agency PUBLIC HEARINGS 18. Subject: Green Building Ordinance (Continued from Jan 18) Recommended Action: Conduct first reading of Ordinance No. 11-2074 and adopt Resolution No. 11-016 Description: Application: MCA-2010-04; Applicant: City of Cupertino; Location: Citywide; Application Summary: Municipal Code Amendment to adopt a Green Building Ordinance; "An Ordinance of the City Council of the City of Cupertino establishing Chapter 19.78 to create a Green Building Ordinance" Staff Report A. Green Building Ordinance No. 11-2074 B. Model Resolution of Amendments to the Fee Schedule C. Phase II Recommendations D. June 7, 2010 Focus Group Meeting Notes E. July 29, 2010 Focus Group Meeting Notes F. Letter from Berg & Berg G. October 12, 2010 Planning Commission staff report H. October 26, 2010 Planning Commission staff report I. November 9, 2010 Planning Commission consent report J. Planning Commission Resolution No. 6615 K. Minutes of the October 12 Planning Commission meeting L. Minutes of the October 26 Planning Commission meeting M. Minutes of the November 9 Planning Commission meeting N. Comparison table of standards in Sunnyvale, Morgan Hill & Palo Alto O. LEED EBOM/LEED CI comparison P. % of New Construction Data Q. % of Tenant Improvement Data R. January 19, 2010 City Council report S. Cal Green Description T. Comparison Table of CalGreen, LEED & GPR Page: UNFINISHED BUSINESS NEW BUSINESS 19. Subject: Petition for reconsideration of the City Council’s November 29, 2010 decision to deny an appeal of a Director's Approval for a personal wireless service facility at 11371 Bubb Road Recommended Action: Conduct a hearing on a petition for reconsideration regarding the City Council’s decision on the wireless communications facility at 11371 Bubb Road; adopt Resolution No. 11-017, denying the Petition of Shaul Berger seeking Council reconsideration of its decision to approve the wireless communications facility at 11371 Bubb Road Description: Application: DIR-2010-28 Appeal; Applicant: Dayna Aguirre (for T-Mobile); Appellant/Petitioner: Shaul Berger; Location: 11371 Bubb Road, APN 356-23-047; February 1, 2011 Cupertino City Council Cupertino Redevelopment Agency Application Summary: Petition for reconsideration of the City Council’s November 29, 2010 decision to deny an appeal of a Director's Approval for a personal wireless service facility with three panel antennas and four associated equipment boxes to be installed on an existing PG&E pole located in front of 11371 Bubb Road T-Mobile/Bubb Road Reconsideration Report A. City Council Resolution & Exhibit 1 B. Director's Minor Mod Approval dated 9/7/10 C. Appeal by Shaul Berger dated 9/20/10 D. PC Staff Report dated 11/9/10 E. PC Meeting Minutes dated 11/9/10 F. PC Resolution No. 6616 G. CC Staff Report dated 11/29/10 H. CC Meeting Minutes dated 11/29/10 I. Reconsideration Petition dated 12/9/10 J. Email from Shaul Berger to City staff dated 11/30/10 K. Approved Plan Set Page: 20. Subject: Scenic Circle Access Project Recommended Action: 1. Adopt the mitigated negative declaration CEQA documents; and, 2. Authorize the winter schedule alternative as depicted in the base bid; and, 3. Authorize the inclusion of Add Alternates 1 and 2 for a total of $10,940; and, 4. Authorize the current budget of $235,000 to be adjusted upward by $125,000 for a total budget of $360,000 using excess funds from the Blackberry Farm Infrastructure Upgrades project; and, 5. Authorize the City Manager to Execute a contract with Pavex, Inc. for the construction of Scenic Circle Access not to exceed $159,735, plus the Add Alternates, if approved; and, 6. Authorize the expenditure of up to $30,000 for change orders for unforeseen site conditions and construction contingency Staff Report Initial Study/Mitigated Negative Declaration Responses to Public Comments Mitigation Monitoring and Reporting Plan Page: 21. Subject: Blackberry Farm Infrastructure Upgrade Project Recommended Action: Authorize the Director of Public Works to reject all bids and re-bid the project Staff Report Page: ORDINANCES STAFF REPORTS February 1, 2011 Cupertino City Council Cupertino Redevelopment Agency 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 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.