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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.