03-01-11 Bookmarked Agenda.pdf
AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, March 1, 2011
6:00 PM
CITY COUNCIL MEETING
ROLL CALL – 6:00 PM
CLOSED SESSION
1. Subject: Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10800
Torre Avenue, Cupertino, CA 95014; Negotiating Parties: City of Cupertino and potential
lessee; Under Negotiation: Lease - price and terms of payment
Page: No written materials in packet
2. Subject: Conference with Legal Counsel - Significant Exposure to Litigation (Gov't Code
54956.9(b)) (One case)
Page: No written materials in packet
PLEDGE OF ALLEGIANCE – 6:45 PM
ROLL CALL
CEREMONIAL MATTERS – PRESENTATIONS
3. Subject: Proclamation recognizing the Homestead High School Future Business Leaders of
America's Community Service Project
Recommended Action: Present proclamation
Page: No written materials in packet
4. Subject: Library Commission presentation of 2010 accomplishments
Recommended Action: Receive presentation
Page: No written materials in packet
POSTPONEMENTS
WRITTEN COMMUNICATIONS
Tuesday, March 1, 2011 Cupertino City Council
Cupertino Redevelopment Agency
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.
5. Subject: February 1 City Council minutes
Recommended Action: Approve minutes
Draft Minutes
Page: 9
6. Subject: Accounts Payable for period ending February 4, 2011
Recommended Action: Adopt Resolution No. 11-027
Draft Resolution
Page: 20
7. Subject: Accounts Payable for period ending February 11, 2011
Recommended Action: Adopt Resolution No. 11-028
Draft Resolution
Page: 31
8. Subject: Donation of a bench in honor of Hazel Fretwell from the Cupertino Historical
Society
Recommended Action: Accept bench donation
Staff Report
Attachment A
Page: 42
9. Subject: Agreement between Fremont Union High School District, Cupertino Union School
District, and City of Cupertino
Recommended Action: Authorize City Manager to execute the First Amendment to
Agreement that is substantially similar to the form attached hereto as Attachment B
Description: This extends the agreement between the Fremont Union High School District,
the Cupertino Union School District, and the City of Cupertino for congestion and safety
measures around Monta Vista High School, Kennedy Middle School, and Lincoln
Elementary School
Staff Report
Attachment A
Attachment B
Page: 45
Tuesday, March 1, 2011 Cupertino City Council
Cupertino Redevelopment Agency
10. Subject: Alcoholic Beverage License, Gochi Japanese Fusion Tapas, 19980 Homestead Road
(Oakmont Shopping Center @ Blaney)
Recommended Action: Approve application for On-Sale General for Bona Fide Public
Eating Place
Staff Report
Application for Alcoholic Beverage License
Page: 53
11. Subject: Alcoholic Beverage License, Guan Dong House, 10851 North Wolfe Road
(Cupertino Village)
Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide
Public Eating Place
Staff Report
Application for Alcoholic Beverage License
Page: 55
12. Subject: Alcoholic Beverage License, Gyu-Kaku Cupertino, 19620 Stevens Creek, Suite 150
(Marketplace)
Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide
Public Eating Place
Staff Report
Application for Alcoholic Beverage License
Page: 57
13. Subject: Planning Commission recommendation to select Winnie Lee as the Environmental
Review Committee representative
Recommended Action: Accept the recommendation
Staff Report
Page: 59
14. Subject: Municipal Improvements, Richard G. Hernandez and Sara R. Hernandez, 10205
Imperial Avenue, APN 357-18-007
Recommended Action: Accept Municipal Improvements
Description: The applicants have completed City-specified improvements in the City right-of-
way including sidewalk, driveway approach, curb & gutter and paving as required by the
improvement agreement with the City
Staff Report
Map
Page: 60
15. Subject: City Project, Sterling Barnhart Park, Project No. 2008-9126
Recommended Action: Accept Project No. 2008-9126
Description: The work consisted of the construction of a new park
Staff Report
Page: 62
Tuesday, March 1, 2011 Cupertino City Council
Cupertino Redevelopment Agency
16. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Apple Inc.,
19050 Pruneridge Avenue, APN 316-06-033
Recommended Action: Adopt Resolution No. 11-029
Description: 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
Resolution
Quitclaim Deed
Map
Page: 63
17. Subject: Quitclaim Deed and Authorization for Underground Water Rights, Stephen Wu and
Chinling Lee, 10108 South Tantau Avenue, APN 375-07-040
Recommended Action: Adopt Resolution No. 11-030
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: 69
18. Subject: Authorize applications for grant funding from the Santa Clara Valley Water
District’s Clean Safe Creeks and Natural Flood Protection Program of 2000 for Stevens
Creek Corridor Park Phase II, Project 9136
Recommended Action: Adopt Resolution Nos. 11-031 and 11-032, authorizing applications
for grant funding
Staff Report
Resolution - Application to Environmental Enhancement Implementation Grant Program
Resolution - Application to Trail and Open Space Grant Program
Page: 75
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
19. Subject: Parking Ordinance Amendment
Recommended Action: Approve recommended amendments to the Parking Ordinance and
conduct the first reading of Ordinance No. 11-2074
Description: Application: MCA-2010-05; Applicant: City of Cupertino; Location: Citywide;
Application Summary: Municipal Code Amendment to Chapter 19.100 (Parking Ordinance)
of the Cupertino Municipal Code to clarify language regarding storage and parking of
vehicles. "An ordinance of the City Council of the City of Cupertino amending Chapter
19.100 (Parking Regulations) of the Cupertino Municipal Code with associated amendments
to Chapter 19.08 (Definitions Ordinance) related to clarifying language regarding storage and
parking of heavy equipment, aircraft and planned non-operational vehicles in residential
zones"
Staff Report
Tuesday, March 1, 2011 Cupertino City Council
Cupertino Redevelopment Agency
A. Draft Ordinance
B. Planning Commission Minutes for 10/12/10
C. Planning Commission Resolution No. 6613
D. Planning Commission Staff Report 10-12-2010
E. Strikethrough version of Chapter 19.08 (Definitions) and 19.100 (Parking)(Partial)
Page: 79
UNFINISHED BUSINESS
20. Subject: Coffee Society Lease
Recommended Action: Authorize the City Manager to execute a one year lease with the
Coffee Society, with the option granted to the Coffee Society to extend this initial term with
two additional one year periods
Staff Report
Lease Agreement
Page: 138
NEW BUSINESS
21. Subject: Association of Bay Area Governments (ABAG)/ Metropolitan Transportation
Commission (MTC)- Sustainable Communities Strategy and the Subregion Regional
Housing Needs Allocation (Sub RHNA) Process
Recommended Action: Do not create a subregion for the FY 2014-2022 Regional Housing
Needs Allocation (RHNA) process
Staff Report
A. ABAG/MTC SCS staff report to the Planning Commission dated January 25, 2011
B. Timeline for the SCS, RTP and RHNA process
Page: 150
22. Subject: Select date for Teen Commission interviews
Recommended Action: Accept the following deadlines: Applications due in the City Clerk’s
Office Fri, May 13; Interviews held beginning at 3:30 p.m. Tues, May 24 (and Wed, May 25
as needed)
Staff Report
Page: 164
ORDINANCES
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
Tuesday, March 1, 2011 Cupertino City Council
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 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.