09-07-10 Bookmarked Agenda.pdf
AGENDA
CUPERTINO CITY COUNCIL ~ SPECIAL MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
10300 Torre Avenue, City Hall Conference Room A
Tuesday, September 7, 2010
4:00 p.m.
CITY COUNCIL MEETING
INTERVIEWS – 4:00 p.m. Conference Room A
1. Subject: Parks & Recreation and Fine Arts Commission interviews.
Recommended Action: Conduct interviews and make appointments.
RECESS
ROLL CALL
CLOSED SESSION – 5:00 p.m. Community Hall
2. Subject: Conference with legal counsel - anticipated litigation (Government Code
54956.9(b)(1)).
Description: Significant exposure to litigation (one case).
3. Subject: Conference with legal counsel – existing litigation (Government Code 54956.9(a)).
Description: a. City of Cupertino v. Yuen et al. Santa Clara County Superior Court.
b. City of Cupertino v. Mansfield et. al. Santa Clara County Superior Court (In re Mansfield,
United States Bankruptcy Court).
PLEDGE OF ALLEGIANCE – 6:45 p.m. Council Chamber
ROLL CALL
CEREMONIAL MATTERS – PRESENTATIONS
4. Subject: Proclamation recognizing the student volunteers who worked for the Organization
of Special Needs Families (OSF) summer program.
Recommended Action: Present proclamation.
September 7, 2010 Cupertino City Council
Cupertino Redevelopment Agency
5. Subject: Proclamation recognizing Daniel Nguyen, Chair of the Public Safety Commission,
for his willingness to come to the aid of another on Saturday, August 28, at the Happy Kid's
Day Event.
Recommended Action: Present proclamation
6. Subject: Proclamation declaring the month of September as Prostate Cancer month
Recommended Action: Present proclamation
7. Subject: Proclamation for the Library Foundation and others recognizing the new Teen
Room at the Cupertino Library.
Recommended Action: Present proclamations
8. Subject: Presentation from Toyokawa Sister City Committee and Delegates.
Recommended Action: Accept presentation
9. Subject: Presentation acknowledging the City's support and participation in the 2010
Census.
Recommended Action: Receive presentation from the Seattle Regional Census Center.
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.
10. Subject: Accounts Payable for period ending August 13, 2010
Recommended Action: Adopt Resolution No.10-163
Draft Resolution
Page No: 12
11. Subject: Accounts Payable for period ending August 20, 2010
Recommended Action: Adopt Resolution No. 10-164
Draft Resolution
Page No: 24
September 7, 2010 Cupertino City Council
Cupertino Redevelopment Agency
12. Subject: Accounts Payable for period ending August 27, 2010
Recommended Action: Adopt Resolution No.10-165
Draft Resolution
Page No: 33
13. Subject: Payroll for period ending August 20, 2010
Recommended Action: Adopt Resolution No.10-166
Draft Resolution
Page No: 45
14. Subject: July 20 City Council minutes.
Recommended Action: Approve minutes.
Draft Minutes
Page No: 46
15. Subject: Endorse Proposition 22, the Local Taxpayer, Public Safety and Transportation
Protection Act of 2010.
Recommended Action: Endorse proposition.
Description: This item has been recommended for approval by the City Council Legislative
Committee in order to protect municipal revenues from state take-aways.
Page No: 60
16. Subject: Alcoholic Beverage License, Kento Bowl Restaurant, 21670 Stevens Creek
Boulevard.
Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide
Public Eating Place.
Staff Report
Department of Alcohol and Beverage Control Application
Page No: 62
17. Subject: Alchohol Beverage License, Shanghai Restaurant, 10877 North Wolfe Road.
Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide
Public Eating Place.
Staff Report
Department of Alcoholic Beverage Control Application
Page No: 64
18. Subject: Alcohol Beverage License, Florentines, 10275 South De Anza Boulevard.
Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide
Public Eating Place.
Staff Report
Department of Alcoholic Beverage Control Application
Page No: 68
19. Subject: Alcohol Beverage License, Fontana's Italian Restaurant, 20840 Stevens Creek
Boulevard.
September 7, 2010 Cupertino City Council
Cupertino Redevelopment Agency
Recommended Action: Approve application for On-Sale General for Bona Fide Public
Eating Place.
Staff Report
Department of Alcohol & Beverage Control Application
Page No: 71
20. Subject: Alcohol Beverage License, One Pot, 19648 Stevens Creek Boulevard
(Marketplace).
Recommended Action: Approve application for On-Sale Beer and Wine for Bona Fide
Public Eating Place.
Staff Report
Department of Alcoholic Beverage Control Application
Page No: 74
21. Subject: Improvement Agreement, 10216 Pasadena Avenue.
Recommended Action: Adopt Resolution No. 10- 167
Draft Resolution
Improvement Agreement
Map
Page No: 76
22. Subject: Parcel Map, 10216 Pasadena Avenue.
Recommended Action: Adopt Resolution No. 10-168
Description: Approval of the parcel map permits the map to be forwarded to the County for
recording, which completes the subdivision.
Draft Resolution
Map
Page No: 90
23. Subject: Parcel Map, 10231 Amelia Court.
Recommended Action: Adopt Resolution No. 10-169
Description: Approval of the parcel map permits the map to be forwarded to the County for
recording, which completes the subdivision.
Draft Resolution
Map
Page No: 92
September 7, 2010 Cupertino City Council
Cupertino Redevelopment Agency
24. Subject: Municipal Improvements, 10630 Linnet Lane.
Recommended Action: Accept Municipal Improvements.
Description: The applicant has completed City-specified improvements in the City right-of-
way including sidewalk, curb & gutter, driveway approach and grading as required by the
improvement agreement with the City.
Map
Page No: 94
25. Subject: Grant of Easement for Roadway Purposes, 10131 Santa Clara Avenue.
Recommended Action: Adopt Resolution No. 10-170
Draft Resolution
Grant of Easement
Map
Page No: 95
26. Subject: Grant of Easement for Streetlight Purposes, 822 Candlewood Drive.
Recommended Action: Adopt Resolution No. 10-171
Draft Resolution
Grant of Easement
Map
Page No: 101
27. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10131 Santa
Clara Avenue.
Recommended Action: Adopt Resolution No. 10-172
Draft Resolution
Quitclaim Deed
Map
Page No: 107
28. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10300 Palo
Vista Road.
Recommended Action: Adopt Resolution No. 10-173
Draft Resolution
Quitclaim Deed
Map
Page No: 113
29. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10544 Johnson
Avenue.
Recommended Action: Adopt Resolution No. 10-174
Draft Resolution
Quitclaim Deed
Map
Page No: 120
September 7, 2010 Cupertino City Council
Cupertino Redevelopment Agency
30. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 10149 Judy
Avenue
Recommended Action: Adopt Resolution No. 10-175
Draft Resolution
Quitclaim Deed
Map
Page No: 126
31. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 822
Candlewood Drive.
Recommended Action: Adopt Resolution No. 10-176
Draft Resolution
Quitclaim Deed
Map
Page No: 132
32. Subject: Quitclaim Deed and Authorization for Underground Water Rights, 7541 Orange
Blossom Drive.
Recommended Action: Adopt Resolution No. 10-177
Draft Resolution
Quitclaim Deed
Map
Page No: 138
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
33. Subject: Vacate a portion of city right of way on Stevens Canyon Road at 22621 Ricardo
Road.
Recommended Action: Adopt Resolution 10-178
Staff Report
Draft Resolution
Map
Page No: 143
UNFINISHED BUSINESS
September 7, 2010 Cupertino City Council
Cupertino Redevelopment Agency
NEW BUSINESS
34. Subject: Discussion of possible removal of the phrase "electronic gates" from Municipal
Code Section 19.100.
Recommended Action: Direct staff regarding ordinance revisions, if any (Ordinance No. 10-
2068)
Description: Applicant - City of Cupertino
Location - Citywide
Application - Fence Ordinance Amendments to clean up language with regard to Driveway
and Roadway Gates.
Fence ordinance - electronic gates
A. Letter to Mr. Jiang dated September 1, 2010
B. Policy 2-22
C. Fence Ordinance
Page No: 149
35. Subject: Public Safety Commission unscheduled vacancy.
Recommended Action: Select application deadline date of Monday, September 13 and
interview date of September 21 beginning at 5:30 p.m.
ORDINANCES
36. Subject: Amend the Cupertino Municipal Code to allow a stop sign on Lilac Way and Rose
Blossom Drive.
Recommended Action: Conduct the second reading of Ordinance No. 10-2067
Description: An ordinance of the City Council of the City of Cupertino amending Section
11.20.020 of the Cupertino Municipal Code relating to establishment of vehicular stop
required at certain intersections; Lilac Way/Lilac Court at Rose Blossom Drive.
Staff Report
Draft Ordinance
Map
Page No: 160
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
September 7, 2010 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.