02-15-11 Bookmarked Agenda.pdf
AGENDA
CUPERTINO CITY COUNCIL & CUPERTINO REDEVELOPMENT AGENCY ~
JOINT SPECIAL MEETING
CUPERTINO CITY COUNCIL ~ SPECIAL MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, February 15, 2011
4:00 PM
JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY SPECIAL MEETING
CLOSED SESSION – 4:00 PM
1. Subject: Conference with Legal Counsel - Initiation of Litigation (one case)(Gov't Code
54956.9(c))
Page: No written materials in packet
REDEVELOPMENT AGENCY ADJOURNMENT
CITY COUNCIL SPECIAL MEETING
CLOSED SESSION
2. Subject: Conference with Real Property Negotiator (Gov’t Code 54956.8); Property: 10800
Torre Ave, 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
3. Subject: Conference with legal counsel - Significant exposure to litigation - (One case)
(Gov’t Code 54956.9(b))
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PLEDGE OF ALLEGIANCE – 6:45 PM
ROLL CALL
Tuesday, February 15, 2011 Cupertino City Council
Cupertino Redevelopment Agency
CEREMONIAL MATTERS – PRESENTATIONS
4. 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 (continued from February 1)
Recommended Action: Present proclamation
Page: No written materials in packet
5. Subject: Presentation about the local branch of Hindu Swayamsevak Sangh (HSS), a
voluntary, non-profit, social and cultural organization which aims at preserving and passing
on ancient Hindu heritage and cultural values
Recommended Action: Receive presentation
Page: No written materials in packet
6. Subject: Recognition of the City of Cupertino Finance Department for its excellence in
operating budgeting for Fiscal Year 09-10 from the California Society of Municipal Finance
Officers (CSMFO)
Recommended Action: Recognize Finance Department
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.
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. Subject: January 18 City Council minutes
Recommended Action: Approve minutes
Draft Minutes
Page: 11
8. Subject: January 24 City Council minutes
Recommended Action: Approve minutes
Draft Minutes
Page: 21
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Tuesday, February 15, 2011 Cupertino City Council
Cupertino Redevelopment Agency
9. Subject: January 25 City Council minutes
Recommended Action: Approve minutes
Draft Minutes
Page: 23
10. Subject: Accounts Payable for period ending January 28, 2011
Recommended Action: Adopt Resolution No. 11-017
Draft Resolution
Page: 25
11. Subject: Payroll for period ending February 4, 2011
Recommended Action: Adopt Resolution No. 11-018
Draft Resolution
Page: 35
12. Subject: Treasurer's Investment and Budget Report for quarter ending December 2010
Recommended Action: Accept the report
Staff Report
Investment Portfolio
PARS Trust Report
Pie & Rate of Return Chart & Compliance Schedule
General Fund Budget Report
Expenditure & Revenue Charts
Page: 36
13. Subject: Treasurer and Deputy Treasurer Appointments
Recommended Action: Adopt Resolution No. 11-019
Description: Extends the appointments of the current City Treasurer and Deputy Treasurer
Staff Report
Resolution
Page: 48
14. Subject: Grant of easement for sidewalk purposes, Apple Inc., a California corporation,
19333 Vallco Parkway, APN(s) 316-20-075 and 316-20-076
Recommended Action: Adopt Resolution No. 11-020
Description: The property owner of this commercial development agrees to grant to the City
an easement for public sidewalk purposes, together with the right to construct, operate, repair
and maintain public utilities and improvements, over a portion of the property
Resolution
Grant of Easement
Map
Page: 50
ITEMS REMOVED FROM THE CONSENT CALENDAR (if any)
Tuesday, February 15, 2011 Cupertino City Council
Cupertino Redevelopment Agency
PUBLIC HEARINGS
15. Subject: Development Permit Process
Recommended Action:
a. Provide direction to staff on the list of recommended changes and any additional
modifications/enhancements to the permit process and public engagement policy (see
Attachment A); and
b. Authorize Staff to work on modifications to the Zoning Ordinances as required by the
above changes
Description: Application: CP-2010-01; Applicant: City of Cupertino; Location: Citywide;
Application Summary: Review of the Management Study of the Permit Process and
opportunities to enhance the quality of the City’s permit services and organizational
efficiency
Staff Report
A: Public Engagement Process and Recommended Approval Authority
B: Matrix Consulting Group's report titled, "Management Study of the Permit Process," dated
November 17, 2009
C: Summary table of recommendations in the Matrix report with staff comments
D: City Council Staff Report dated May 18, 2010
E: City Council minutes from May 18, 2010 meeting
F: Handouts to July 28, 2010 group workshop attendees
G: Transcribed notes from July 28, 2010 group workshop
H: Handouts to September 8, 2010 group workshop attendees
I: Tally of Approval Authority from September 8, 2010 group workshop
J: Transcribed notes from September 8, 2010 group workshop
K: Planning Commission minutes from November 9, 2010 meeting
L: Planning Commission Staff Report dated November 9, 2010
M: Comments from Subcommittee on administrative processes
N: Draft Process Workflow Chart of the Planning Permit Process
O: Comparison of current and recommended approval authorities for projects approved
between 2007 and 2009
P: Draft standards and example for on-site signage related to development proposals
Page: 57
UNFINISHED BUSINESS - None
NEW BUSINESS
16. Subject: Petition for reconsideration of the City Council’s January 4, 2011 decision to deny
an appeal of a Director's Approval for a parking pad to be located at a duplex located at 965-
967 Miller Avenue
Recommended Action: Conduct a hearing and adopt Resolution No. 11-021
Description: Application: DIR-2010-30; Appellant: Erwin Wolf; Applicant: Linda Shen-
Jung (GLSAA, LLC); Location: 965-967 Miller Avenue; APN: 369-19-052; Application
Summary: Petition for Reconsideration of the City Council decision to deny an appeal of a
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Tuesday, February 15, 2011 Cupertino City Council
Cupertino Redevelopment Agency
Director’s Minor Modification decision to allow paving in the front yard of an existing
duplex for the purpose of a parking stall at 965-967 Miller Avenue
CC Reconsideration Report on DIR-2010-30
A. City Council Draft Resolution & Exhibit 1
B. Director's Minor Mod. DIR-2010-30 dated 9/23/10
C. Appeal by Erwin Wolf dated 10/5/10
D. PC Staff Report dated 12/14/10
E. Draft PC Meeting Minutes of 12/14/10
F. PC Resolution No. 6619
G. CC Staff Report dated 1/4/11
H. CC Meeting Minutes dated 1/4/11
I. Reconsideration Petition filed 1/18/11
Page: 300
17. Subject: Petition for reconsideration of the City Council’s January 4, 2011 decision to deny
an appeal of a personal wireless service facility at the Results Way Office Park
Recommended Action: Conduct a hearing and adopt Resolution No. 11-022
Description: Application Nos: U-2010-03, EXC-2010-04, TR-2010-31; Applicant: Dave
Yocke (AT&T); Petitioners: Grace Chen, Guo Jin; Address: Results Way (rear parking lot);
APN: 357-20-042; Application Summary: Petition for Reconsideration of the City Council
decision to deny the appeal of a Planning Commission approval of a personal wireless service
facility consisting of twelve panel antennas to be mounted on a 74 foot tall monopine and
associated base equipment to be located at the existing Results Way office park
CC Reconsideration Report on U-2010-03, EXC-2010-04 &TR-2010-31
A. City Council Resolution & Exhibit 1
B. PC Resolution No. 6604
C. PC Staff Report dated 9/14/10
D. PC meeting minutes of 9/14/10
E. Appeal filed on 9/28/10
F. CC Staff Report dated 11/1/10
G. CC meeting minutes of 11/1/10
H. CC Staff Report dated 1/4/11
I. CC meeting minutes of 1/4/11
J. Reconsideration Petition filed 1/18/11
K. CC Action Letter dated 1/6/11
L. Approved Plan Set
Page: 327
ORDINANCES
STAFF REPORTS
COUNCIL REPORTS
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Tuesday, February 15, 2011 Cupertino City Council
Cupertino Redevelopment Agency
JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING
ROLL CALL
18. Subject: Loan and Repayment Agreement between the City of Cupertino and the City of
Cupertino Redevelopment Agency
Recommended Action:
A. Redevelopment Agency action - Adopt Resolution No. 11-01
B. City Council action - Adopt Resolution No. 11-023
Description: Adopt corresponding resolutions authorizing the City and Agency to enter into
the Agreement
Staff Report
Redevelopment Agency Resolution
City Council Resolution
Loan and Repayment Agreement
Page: 412
19. Subject: Agreement between the Housing Trust of Santa Clara County, the Cupertino
Redevelopment Agency (RDA), and the City of Cupertino for the use of housing funds
Recommended Action:
A. Redevelopment Agency action - Adopt Resolution No. 11-02
B. City Council action:
1) Increase RDA Housing set-aside fund expenditure budget by $1,000,000
2) Adopt Resolution No. 11-024
Description: Adopt corresponding resolutions authorizing the City and Agency to enter into
the Agreement. Discuss an opportunity to fund the Housing Trust of Santa Clara County out
of the RDA Housing set-aside
Staff Report
A. agreement between the Housing Trust of Santa Clara County
B. Draft RDA Resolution approving the Affordable Housing Agreement
C. Draft City Council Resolution approving the Affordable Housing Agreement
Page: 424
20. Subject: Public Infrastructure Agreement with the Cupertino Redevelopment Agency, City
of Cupertino, and Vallco Shopping Mall
Recommended Action:
A. Redevelopment Agency action - Adopt Resolution No. 11-03
B. City Council action - Adopt Resolution No. 11-025
Description: Includes installation of storm sewer trash capture devices and reimbursement for
the construction of public street improvements
Staff Report Placeholder
RDA Draft Resolution Placeholder
Council Draft Resolution Placeholder
Joint Agreement Placeholder
Page: 454
10:55 – 90
min total
for Items
18-20
Tuesday, February 15, 2011 Cupertino City Council
Cupertino Redevelopment Agency
CITY COUNCIL ADJOURNMENT
REDEVELOPMENT AGENCY MEETING
21. Subject: Purchase of storm sewer trash capture devices
Recommended Action: Adopt Resolution No. 11-04
Description:
Staff Report Placeholder
RDA Draft Resolution Placeholder
Page: 458
REDEVELOPMENT AGENCY ADJOURNMENT
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.
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