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5-3-11 Council Agenda.pdf AGENDA CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, May 3, 2011 5:00PM CITY COUNCIL MEETING BOARDS AND COMMISSIONS INTERVIEWS –5:00 p.m. 1.Interview applicants for unscheduled vacancies on the Fine Arts Commission (FAC) and the Telecommunications, Information and Communications Commission CLOSED SESSION 2.Subject:Conference with Real Property Negotiator (Gov't Code 54956.8) Property: 10346 Scenic Circle Blvd., Cupertino, CA 95014 Negotiator: Carol Atwood Under negotiation: terms Page:No written materials RECESS PLEDGE OF ALLEGIANCE –6:45 ROLL CALL CEREMONIAL MATTERS –PRESENTATIONS 3.Subject:Proclamation recognizing the "Smarty Six" at Regnart School Recommended Action:Present the proclamation Description:The Smarty Six is a group students from Regnart School. They won first place in the Silicon Valley Region Tournament, were honored with the DaVinci Award For Outstanding Creativity, and took second place in their division at the state tournament, advancing them to finals in Tennessee. Page:No written materials 4.Subject:Proclamation declaring May 2011 as Foster Care Monthin Cupertino Recommended Action:Present the proclamation Page:No written materials Tuesday, May 3, 2011Cupertino City Council Cupertino Redevelopment Agency 5.Subject:Presentation from the Teen Commission Recommended Action:Receive presentation Page:No written materials 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 frommaking 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 Calendarbe acted on simultaneously. 6.Subject:April 6 City Council minutes Recommended Action:Approve minutes Draft minutes Page:12 7.Subject:Accounts Payable for period ending March 25, 2011 Recommended Action:Adopt Resolution No. 11-056 Draft Resolution Page:23 8.Subject:Payroll for period ending April 1, 2011 Recommended Action:Adopt Resolution No. 11-057 Draft Resolution Page:32 9.Subject:Accounts Payable for period ending April 1, 2011 Recommended Action:Adopt Resolution No. 11-058 Draft Resolution Page:33 10.Subject:Accounts Payable for period ending April 8, 2011 Recommended Action:Adopt Resolution No. 11-059 Draft Resolution Page:47 11.Subject:Accounts Payable for period ending April 15, 2011 Recommended Action:Adopt Resolution No. 11-060 Tuesday, May 3, 2011Cupertino City Council Cupertino Redevelopment Agency Draft Resolution Page:58 12.Subject:Payroll for period ending April 15, 2011 Recommended Action:Adopt Resolution No. 11-061 Draft Resolution Page:68 13.Subject:Approve destruction of records from the Finance and Code Enforcement departments Recommended Action:Adopt Resolution No. 11-062 Draft Resolution Records for Destruction Page:69 14.Subject:Treasurer's Investmentand Budget Report for quarter ending March 2011 Recommended Action:Accept the report Staff Report Investment Portfolio Retiree Health Trust Report Investments by Type, Rate of Return, and Compliance Charts Expenditure and Revenue Charts Page:83 15.Subject:Annual adoption of City Investment Policy Recommended Action:Adopt the City Investment Policy as of May 3, 2011. Staff Report Draft Investment Policy Page:94 16.Subject:Quitclaim Deed and Authorization for Underground Water Rights, Jagriti Mukherjee and Aniruddha Mukherjee, 21856 Hermosa Avenue Recommended Action:Adopt Resolution No. 11-063 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:103 Tuesday, May 3, 2011Cupertino City Council Cupertino Redevelopment Agency 17.Subject:Municipal Improvements, Kong-Yen Han and Sue-Jane Han, 21881 Dolores Avenue Recommended Action:Accept Municipal Improvements Description:The improvements included sidewalk, curb & gutter and driveway approach work in the City right of way Staff Report Map Page:109 18.Subject:Improvement Agreement,Jagriti Mukherjee and Aniruddha Mukherjee, 21856 Hermosa Avenue Recommended Action:Adopt Resolution No. 11-064 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:111 19.Subject:Quitclaim Deed and Authorization for Underground Water Rights, Vinod Balakrishnan and Ranju Rajan, 10447 North Blaney Avenue Recommended Action:Adopt Resolution No. 11-065 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:126 20.Subject:Quitclaim Deed and Authorization for Underground Water Rights, Taiping Wang and Meichuan Sun, 19089 Tilson Ave Recommended Action:Adopt Resolution No. 11-066 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:133 Tuesday, May 3, 2011Cupertino City Council Cupertino Redevelopment Agency 21.Subject:Stevens Creek Corridor Project Phase II grant application for Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding Recommended Action:Adopt Resolution No. 11-067, authorizing allocation of TDA Article 3 funding Staff Report Attachment 1 -Resolution Attachment 2 -Draft Bicycle Pedestrian Commission meeting minutes Page:139 22.Subject:Agency Agreement for the Countywide AB939 Implementation Fee and the Agreement for Countywide Household Hazardous Waste Collection for FY 11-12 Recommended Action:Adopt Resolution Nos. 11-068 and 11-069 Description:Current agreements June 30, 2011 and new agreements have been approved by the County of Santa Clara and presented to the fifteen cities for approval Staff Report A-Resolution, Agreement for Countywide AB939 Implementation Fee B-Resolution, Agreement for CountywideHousehold Hazardous Waste Collection Program C-Agreement for Countywide AB939 Implementation Fee D-Agreement for Countywide Household Hazardous Waste Collection Program Page:148 23.Subject:Renew the voluntary cap of $28,000 for campaign expenditures in the 2011 City Council election Recommended Action:Adopt Resolution No. 11-070 setting a voluntary expenditure cap of $28,000 for the election of 2011 Staff Report A-Draft Resolution Page:192 ITEMS REMOVED FROM THE CONSENT CALENDAR(above) PUBLIC HEARINGS 24.Subject:Community Development Block Grant (CDBG) funds, Human Service grants and FY 2011 Annual Action Plan. Recommended Action:Conduct public hearing; and 1. Adopt Resolution No. 11-071 approving the allocations for the use of the 2011-2012 CDBG program and human service grant as detailed in Attachment B; and 2. Approve the FY 2011-12 Annual Action Plan (Attachment C) as required by the federal Department of Housing and Urban Development (HUD). Tuesday, May 3, 2011Cupertino City Council Cupertino Redevelopment Agency Description:This is the second of two required public hearings regarding use of 2011-12 CDBG funds, Human Service grants and FY 2011 Annual Action Plan Staff Report A-Draft Resolution B-Summary of Allocations C-Annual Action Plan Page:197 25.Subject:Green Building Ordinance, MCA-2010-04, and amendment to the City's Fee schedule Recommended Action:1. Conduct first reading of Ordinance No. 11-2076 amending Chapter 16.58 of the Cupertino Municipal Code, Green Building Standards Code Adopted (Attachment A); and 2. Adopt draft Resolution No. 11-072 amending the City’s adopted Fee Schedule to incorporate Green Building deposit fees (Attachment B). Staff Report A. Ordinance No. 11-2076 B. Draft Resolution C. Chapter 16.58 with strikeouts D. Global Green Cost Analysis E. Feb 1, 2011 City Council Minutes F. Feb 1, 2011 City Council Report G. Planning Commission Resolution No. 6615 H. Email of February 19, 2011 from Myron Crawford I. Email of March 5, 2011 from Myron Crawford Page:220 UNFINISHED BUSINESS NEW BUSINESS 26.Subject:2011 Cupertino Bicycle Transportation Plan Recommended Action:Adopt Resolution No. 11-055, approving the 2011 Cupertino Bicycle Transportation Plan Staff Report A-Resolution B-Bicycle Transportation Plan Page:288 27.Subject:Consider an ordinance to regulate smoking in recreational areas. Recommended Action:Conduct the first reading of Ordinance No. 11-2077 of the City Council of the City of Cupertino adopting Chapter 10.90 of the City Municipal Code to prohibit smoking and tobacco use in recreational areas. Staff Report Ordinance_Attachment A Page:358 Tuesday, May 3, 2011Cupertino City Council Cupertino Redevelopment Agency 28.Subject:Consider changing the budget study session scheduled for May 16, and confirm the date for the City Manager evaluation Recommended Action:Select a study session date of May 23 or later; confirm date and time of City Manager evaluation currently set for May 16 Page:No written materials in packet 29.Subject:Consider an ordinance to place stop signs on Bandley Drive at Mariani Avenue Recommended Action:Conduct first reading of Ordinance No. 11-2078, Amending Section 11.20.030 of the Cupertino Municipal Code Relating to Establishment of All Directional Vehicular Stop Required at Certain Intersections; Bandley Drive at Mariani Avenue Staff Report A-Ordinance B-Diagram of Intersection Page:367 30.Subject:Introduce a resolution setting forth a policy for the City Council to use teleconferencing in connection with its City Council meetings. Recommended Action:Consider adopting Resolution No. 11-2079 clarifying the conditions under which teleconferencing may be used. Staff Report A-Draft Resolution B-Palo Alto Policy C-San Francisco Policy Page:371 ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT Tuesday, May 3, 2011Cupertino 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, duringnormal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site.