6-21-11 Agenda.pdf
AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, June 21, 2011
6:00PM
CITY COUNCIL & REDEVELOPMENT AGENCY JOINT 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; Negotiator: Timm Borden; Under negotiation: terms
Page:No written materials in packet
PLEDGE OF ALLEGIANCE–6:45 PM
ROLL CALL
CEREMONIAL MATTERS –PRESENTATIONS
POSTPONEMENTS–Postpone item number 9 to Aug 2
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address thecouncil 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.
Tuesday, June 21, 2011Cupertino City Council
Cupertino Redevelopment Agency
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.
2.Subject:Accounts Payable for period ending May 27, 2011
Recommended Action:Adopt Resolution No. 11-094
Draft Resolution
Page:9
3.Subject:Accounts Payable for period ending June 3, 2011
Recommended Action:Adopt Resolution No. 11-095
Draft Resolution
Page:18
4.Subject:Grant of Easement for Roadway Purposes, Vijay Kumar Eranti, 22641 Alcalde
Road, APN 342-29-036
Recommended Action:Adopt Resolution No. 11-096
Description:The property owner of this residential development agrees to grant to the City an
easementfor public roadway purposes, together with the right to construct, operate, repair
and maintain public utilities and improvements, over a portion of the property
Draft Resolution
Grant of Easement
Map
Page:28
5.Subject:Grant of Easement for Roadway Purposes, Jin Feng Chou and Lillian Chou, 10207
Orange Avenue, APN 357-15-036
Recommended Action:Adopt Resolution No. 11-097
Description:The property owners of this residential development agree to grant to the City an
easement for public roadway purposes, together with the right to construct, operate, repair
and maintain publicutilities and improvements, over a portion of the property
Draft Resolution
Grant of Easement
Map
Page:34
6.Subject:Municipal Improvements, Sridhar Obilisetty and Jayanthi Sridhar, 10171 Lebanon
Drive, APN 342-14-008
Recommended Action:Accept Municipal Improvements
Description:The work included sidewalk, curb & gutter, and underground utilities
Staff Report
Map
Page:40
Tuesday, June 21, 2011Cupertino City Council
Cupertino Redevelopment Agency
7.Subject:Municipal Improvements, Roger Low and Jinling Low, 21988 McClellan Road,
APN 356-08-027
Recommended Action:Accept Municipal Improvements
Description:The work included sidewalk, curb & gutter and driveway approach
improvements
Staff Report
Map
Page:42
8.Subject:Ratify the sale of property located at 10346 Scenic Blvd., Cupertino, California
Recommended Action:Adopt Resolution No. 11-098
staff report
Draft Resolution
Map
Bank Appraisal
Page:44
ITEMS REMOVED FROM THE CONSENT CALENDAR(above)
PUBLIC HEARINGS
9.Subject:Municipal Code Amendment to Chapter 19.28
Recommended Action:Postpone toAugust 2
Description:Applications: MCA-2011-03, EA-2011-05; Amendment to Chapter 19.28, R1
Zones to improve readability and consistency and to evaluate the requirements for Sloped
Single Family Residential Lots, the 2-story design review process, public noticing & story
poles; Applicant: City of Cupertino; Location: Citywide
Page:No written materials in packet
10.Subject:Conduct public hearing and adopt Fiscal Year 2011-12 Budget
Recommended Action:
a. Grant a negative declaration
b.Adopt Resolution No. 11-099 establishing an Operating and Capital Budget for Fiscal Year
2011-12
c. Adopt Resolution No. 11-100 establishing an Appropriation Limit for Fiscal Year 2011-12
d. Adopt Resolution No. 11-101 establishing an Operating Budget for the Redevelopment
Agency for Fiscal Year 2011-12
Staff Report
Draft Resolution A
Draft Resolution B
Draft Resolution C
Page:73
UNFINISHED BUSINESS
Tuesday, June 21, 2011Cupertino City Council
Cupertino Redevelopment Agency
NEW BUSINESS
11.Subject:Consider the appeal of Code Enforcement’s denial of Massage Permit Application
No. 11-000165, Connie Linh Nguyen
Recommended Action:Uphold staff’s decision to deny Massage Permit Application No. 11-
000165, Connie Linh Nguyen
Staff Report
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Page:79
12.Subject:Award of contract for 2011 Pavement Maintenance Project
Recommended Action:Authorize Director of Public Works to award construction contract
Description:Staff recommends that Council authorize the Director of Public Works to award
the construction contract for the 2011 Pavement Maintenance Project, based on bids to be
received June 28, 2011
Staff Report
Attachment A, List of streets to receive pavement maintenance treatment
Attachment B -Contract for Public Works
Page:93
13.Subject:Terms and conditions of employment for the Cupertino Unrepresented
(Management and Confidential) Employees
Recommended Action:Adopt Resolution No. 11-102 amending the Unrepresented
Compensation Program and Resolution No. 11-103 amending the Administrative Rules and
Regulations of the Personnel Code
Staff report
Draft Resolution A
Draft Resolution B
Unrep Compensation Package
Page:101
Tuesday, June 21, 2011Cupertino City Council
Cupertino Redevelopment Agency
14.Subject:Transient Occupancy Tax ballot measure
Recommended Action:Do one of the following:
a. Adopt Resolution No. 11-104 submitting to the voters at the November 8, 2011 General
Municipal Election an ordinance increasing the transient occupancy tax paid by hotel guests
from10% to 12%; or
b.Defer the measure at this time and direct staff to undertake further study and report back
with options regarding such a measure at a future election
Staff Report
Draft Resolution
Exhibit A -Draft Ordinance
Page:131
15.Subject:Unscheduled vacancy on Technology, Information, and Communications
Commission (TICC) with a term ending January 2015
Recommended Action:Do one of the following:
a. Appoint at this meeting one of the previously interviewed candidates; or
b.Direct staff to continue advertising to accept additional applications, and schedule an
interview date
Staff Report
Page:140
16.Subject:Consider canceling a meeting(s) in summer
Recommended Action:Provide direction to staff
Staff Report
Calendar
Page:141
ORDINANCES
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
Tuesday, June 21, 2011Cupertino City Council
Cupertino Redevelopment Agency
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.