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Sipple v. The City of Alameda, et. al., Superior Court of Los Angeles, Case No. BC 462270 Page:No written materials in packet PLEDGE OF ALLEGIANCE –6:45 PM ROLL CALL CEREMONIAL MATTERS –PRESENTATIONS 2.Subject:Presentation from the Fine Arts Commission Recommended Action:Receive presentation 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 amatter not listed on the agenda. Tuesday, October 4, 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. 3.Subject:September 20 City Council minutes Recommended Action:Approve minutes Draft minutes Page:9 4.Subject:Accounts Payable for period ending September 9, 2011 Recommended Action:Adopt Resolution No. 11-165 Draft Resolution Page:15 5.Subject:Accounts Payable for period ending September 16, 2011 Recommended Action:Adopt Resolution No. 11-166 Draft Resolution Page:23 6.Subject:Accounts Payable for period ending September 23, 2011 Recommended Action:Adopt Resolution No. 11-167 Draft Resolution Page:35 7.Subject:Payroll for period ending September 16, 2011 Recommended Action:Adopt Resolution No. 11-168 Draft Resolution Page:43 8.Subject:Establish member contributions and implement the provisions of the Internal Revenue Code Section 414(h)(2) for tax benefit purposes as required by CalPERS Recommended Action:Adopt Resolution No. 11-169establishing employer paid member contributions; Adopt Resolution No. 11-170to tax defer member paid contributions -IRC 414(H)(2) employer pick-up Staff Report Draft Resolution Draft Resolution Page:44 9.Subject:Annual Report for Fiscal Year 2010-2011 Recommended Action:Accept Annual Report Annual Report 2011 Final Page:50 Tuesday, October 4, 2011Cupertino City Council Cupertino Redevelopment Agency 10.Subject:National League of Cities Annual Business Meeting on November 12, 2011 in Phoenix, AZ Recommended Action:Designate Mayor Gilbert Wong as the voting delegate and Parks & Recreation Director Mark Linder as the alternate Description:Mayor Wong and Director Linder are the only representatives from Cupertino attending the National League of Cities Conference in Phoenix, AZ on November 10-12. It is appropriate for the Mayor to be the voting delegate. Staff Report Meeting Information Page:82 11.Subject:Alcoholic Beverage License, Smiling House, 10074 East Estates Drive (near Stevens Creek & Miller) Recommended Action:Approve application for On-Sale Beer & Wine Staff Report Application for Alcoholic Beverage License Page:86 12.Subject:Improvement Agreement, AZ Chemicals, Inc. and Ronsdale Management, LLC, 22080 San Fernando Court, APN 357-12-011 Recommended Action:Adopt Resolution No. 11-171 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 Draft Resolution Original Map Page:88 13.Subject:Quitclaim Deed and Authorization for Underground Water Rights, AZ Chemicals, Inc. and Ronsdale Management, LLC, 22080 San Fernando Court, APN 357-12-011 Recommended Action:Adopt Resolution No. 11-172 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 Draft Resolution Original Map Page:103 Tuesday, October 4, 2011Cupertino City Council Cupertino Redevelopment Agency 14.Subject:Quitclaim Deed and Authorization for Underground Water Rights, Tracy Hsu and Huei-Hwang Hung, 10382 Palo Vista Road, APN 357-02-050 Recommended Action:Adopt Resolution No. 11-173 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 Draft Resolution Original Map Page:109 15.Subject:Semi-rural designation eliminating the requirement for sidewalks on the westside of Palo Vista Road, pursuant to Ordinance No. 1925 Recommended Action:Adopt Resolution No. 11-174 Description:Property owners along the frontage of Palo Vista Road have circulated a petition in support of altering their neighborhood designation to semi-rural by waiving sidewalks. This semi-rural application applies only to properties on the west side of Palo Vista Staff Report Draft Resolution Attachment B -Map,Semi Rural Designation,Palo Vista Page:115 ITEMS REMOVED FROM THE CONSENT CALENDAR(above) PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS 16.Subject:Annual commissions and committees report with terms expiring January 30, 2012 Recommended Action:Select application deadline date of Wednesday, January 11 and interview dates of Monday and Tuesday, January 23 and 24 Staff report Appointments list and Notice of Vacancy 2012 Page:119 17.Subject:City Council agenda streamlining ratification process for items which have appropriate approval controls at the organization level Recommended Action:Adopt Resolution No. 11-175 Staff Report Draft Resolution Page:125 Tuesday, October 4, 2011Cupertino City Council Cupertino Redevelopment Agency 18.Subject:Amend Sections 2.08.080B, 2.08.090A and 2.08.09C and add Sections 2.08.090D and 2.08.090E of the Municipal Code and establish that the order of business for any regular meeting of the City Council will be set by Resolution. Recommended Action:Adopt Resolution No. 11-176to provide Council flexibility pertaining to the order of business for any regular meeting of the City Council and conduct the first reading of the draft ordinance No. 11-2081; Amend Chapter 2.08 of the Cupertino Municipal Code regarding City Council Rules and Conduct of Meetings. Staff Report Draft Ordinance Draft Resolution Page:128 19.Subject:Amend Section 11.20.020 of the Cupertino Municipal Code relating to vehicular stop required at certain intersections; Apple Tree Lane at Vista Drive Recommended Action:Conduct first reading of Ordinance No. 11-2082: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.020 of theCupertino Municipal Code relating to vehicular stop required at certain intersections; Apple Tree Lane at Vista Drive" Staff Report Attachment A -Apple Tree Lane ordinance Attachment B -Apple Tree Stop Sign Page:134 ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING 20.Subject:August 16 Redevelopment Agency minutes Recommended Action:Approve minutes Draft Minutes Page:138 21.Subject:September 20 Redevelopment Agency minutes Recommended Action:Approve minutes Draft minutes Page:139 ADJOURNMENT Tuesday, October 4, 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, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. AGENDA CUPERTINO CITY COUNCIL CUPERTINO REDEVELOPMENT AGENCY Regular Meetings Tuesday, September 20, 2011 City Council Meeting PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Gilbert Wongcalled the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. CLOSED SESSION -None CEREMONIAL MATTERS –PRESENTATIONS 1.Subject:Proclamation recognizing The Forum on their 20th anniversary Recommended Action:Present proclamation Mr. Richard Mohler expressed his appreciation of the city’s support on behalf of the 500 members of the Forum senior living facility and its 300 employees. He also stated that the vision of the El Camino Hospital Doctor’s Group initiated the steps leading to the construction of 320 apartments and villas and a 100 bed assisted and skilled nursing facility. He expressed appreciation for Cupertino’s partnership in the continuing development of the community. Mr. Mohler also introduced executive director Nancy Kao, marketing director Jean Newton, and assistant executive director James Lambert. Mayor Wong presented the proclamation to Mr. Mohler. WRITTEN COMMUNICATIONS City Clerk Kimberly Smith distributed the following written communications: No. 10 -Email from Rhoda Fry regarding CEQA requirements on the Stevens Creek Trail project September 20, 2011Cupertino City Council Page 2 No. 10 –Email from Ann Ng in support of approving environmental documents for the Stevens Creek Corridor Park No. 11 –Emails from Ann Ng and Dick Blaine in support of providing funds and renaming the Mary Avenue Bicycle Footbridge in honor of former Mayor Don Burnett. ORAL COMMUNICATIONS Cathy Helgersonaddressed the council regarding the Apple facility next to her home. She stated thata12 foot high second story was being added tothe building with an enclosure around the air conditioningwhich was not only ugly, but the nitrogen tank and compressor wasnoisy.She expressed concern that pollution would continue to be an issue with this facility and requested that council provide an answer to this issue. Janice Chua, owner of the Bitter+Sweet coffee shop, thanked everyone for welcoming her into the city and for allowing outdoor seating so quickly. She stated that hergoal is to make the café aplace where the community comes together.Ms. Chua stated that they had already done some fund-raising forWest Valley Community Services and another event was being planned for October. R. J. Cunningham expressed his concerns about the health and environmental impacts of Lehigh Cement Plant.He stated that he felt that the city should join other cities in the area to put pressure on Lehigh to reduce its emissions. CONSENT CALENDAR Wangmoved and Mahoney seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 2.Subject:September 6 City Council minutes Recommended Action:Approve minutes 3.Subject:Accounts Payable for period ending August 26, 2011 Recommended Action:Adopt Resolution No. 11-159 4.Subject:Accounts Payable for periodending September 2, 2011 Recommended Action:Adopt Resolution No. 11-160 5.Subject:Payroll for period ending September 2, 2011 Recommended Action:Adopt Resolution No. 11-161 6.Subject:Municipal Improvements, Sang Oh Leeand Hye Young Lee, 22685 Stevens Creek Boulevard, APN 342-12-024 Recommended Action:Accept Municipal Improvements Description:The work included sidewalk, curb & gutter and driveway approach improvements September 20, 2011Cupertino City Council Page 3 7.Subject:Municipal Improvements, Carola V. Elliott, 10128 Lebanon Drive, APN 342-14-023 Recommended Action:Accept Municipal Improvements Description:The work consisted of sidewalk, curb & gutter and driveway approach improvements 8.Subject:Municipal Improvements, Cheng-Yuan Michael Wang and Michelle Fan Wang, 10170 Santa Clara Avenue, APN 326-24-046 Recommended Action:Accept Municipal Improvements Description:The work included sidewalk, curb & gutter, street tree and driveway approach improvements 9.Subject:Stevens Creek Corridor Project Phase 2, Project 9134 –Grant application authorization Recommended Action:Adopt Resolution No. 11-162 authorizing application for Habitat Conservation Fund Funding for Stevens Creek Corridor Park and Restoration Phase 2, Project 9134 UNFINISHED BUSINESS 10.Subject:Stevens Creek Corridor Park and Restoration Phase 2 -Environmental clearance documents Recommended Action:Adopt the mitigated negative declaration and associated environmental clearance documents for Stevens Creek Corridor Park and Restoration Phase 2, Project 9134 Parks and Recreation Director Mark Linder highlighted the staff report. Mayor Wong opened the public hearing. There were no speakers and the public hearing was closed. Mahoney moved and Wong seconded to adopt the mitigated negative declaration and associated environmental clearance documents. The motion carried unanimously. NEW BUSINESS 11.Subject:Appropriation of Match Funding for Dedication of Don Burnett Bicycle-Pedestrian Bridge Recommended Action:Approve the appropriation of funds to match contribution Description:The official name of the formerly known Mary Avenue Bridge is now the “Don Burnett Bicycle-Pedestrian Bridge.” The Friends of Don Burnett has asked for the City’s assistance in coordinating and advertising a naming ceremony to be held at the south entrance to the bridge on October 8, 2011. The Friends would also like the City’s assistance in matching funds for a plaque that will be installed near the bridge approach. Assistant Public Works Director Glenn Goepfertpresented the staff report. Mrs. Nancy Burnett explained that her husband Don Burnett a vision decades ago for a bicycle and pedestrian bridge, and worked on various agencies even after his term ended on September 20, 2011Cupertino City Council Page 4 Cupertino City Council to make his vision a reality including the Santa Clara County Water District Advisory, and the Valley Transportation Authority. He helped form the Bike and Pedestrian Committee, and felt that the bridge could be a useable landmark for Cupertino. Mrs. Burnettnoted that there would be a signage dedication ceremony on October 8 at 10:00 a.m., and she urged the council to approve the appropriation of funds to match contributions. Dick Blaine stated that Caltrans wouldmake signs, but it was felt that the type of signs available from that source would not be appropriate for the community or for the memory of Don Burnett. He requested that council approve the appropriation of funds to match contribution, and said that donations couldbe made payable to the DeAnza Optimist Club of Cupertino. Mahoneymoved and Wangseconded to approve the appropriation of funds to match the contribution from the Friends of Don Burnett for the signage and dedicationceremony to be held on October 8, 2011, in an amount not to exceed $4,000.The motion carried unanimously. 12.Subject:Library Commission's recommendation for the appointment of the first Cupertino Poet Laureate Recommended Action:Adopt Resolution No. 11-163 approving the appointment Mr. Ron Miller, member of the Cupertino Library Commission, and chair of the Cupertino Poet Laureate Committee, reviewed the staff report. He stated that 12 applicationswere received and reviewed extensively. He introduced David Denny as the selected candidate for the Poet Laureate position and invited everyone to attend a celebration scheduled for Saturday, September 24 at 1:00 p.m. in the Quinlan Community Center. Santoro moved and Wang seconded to adopt Resolution No. 11-163 approving the appointment of Mr. David Denny as Cupertino’s first Poet Laureate. The motion carried unanimously. ORDINANCES 13.Subject:Ordinance to "Opt-In" to a Voluntary Alternative Redevelopment Program under ABx1 27, the Voluntary Program Act Recommended Action:Conduct second reading and enact Ordinance No. 11-2080: "An Ordinance of the City Council of the City of Cupertino enacted pursuant to Health and Safety Code section 34193 to elect and implement participation by the City of Cupertino and the City of Cupertino Redevelopment Agency in the Voluntary Alternative Redevelopment Program pursuant to part 1.9 of the California Community Redevelopment Law" InterimCity AttorneyGary Baum highlighted the staff report. Mahoney moved and Wang secondedto read the ordinance by title only and that the City Clerk’s reading would constitute the second readingthereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. September 20, 2011Cupertino City Council Page 5 Mahoney moved and Wang seconded to enactOrdinance No. 11-2080.Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. STAFF REPORTS -None COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including Fall Festival, Bridge to Health event, and the Hindu American Foundation. Council member Santoro requested that staff send a courtesy response to those who expressed concern regarding the Stevens Creek Cooridor Phase 2 documents concerning the bridge,in terms of floods, the number of cars in the parking lot, and a pinch point where it comes into Stevens Creek Boulevard. JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING ROLL CALL Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. Present: ChairmanGilbert Wong, Vice-ChairmanMark Santoro, and Agencymembers Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. 14.Subject:Agency Transfer Payment Agreement Between the Cupertino Redevelopment Agency and the City of Cupertino Recommended Action: A. Redevelopment Agency action: Adopt Resolution No. 11-05, approving the execution of the Agency Transfer Payment Agreement with the City of Cupertino B. City Council action: Adopt Resolution No. 11-164, approving the execution of the Agency Transfer Payment Agreement with the Cupertino Redevelopment Agency Description:The Agreement carries out the remittance payments required under the new opt- in ordinance that allows the Redevelopment Agency to continue its existence. Since the Agreement is between the Agency and the City, the Agency Board and City Council both need to adopt resolutions for the Agreement. InterimCity Attorney Gary Baum highlighted the staff report. He stated that should the city fail to pass the resolution, the city’s General Fund would be required to pay $542,000.00to the State this fiscal year with additional payments in subsequent years. Mahoney moved and Wang seconded to adopt Redevelopment Agency Resolution No. 11-05, approving the execution of the Agency Transfer Payment Agreement with the City of Cupertino. The motion carried unanimously. September 20, 2011Cupertino City Council Page 6 Mahoney moved and Wang seconded to adopt City Council Resolution No. 11-164, approving the execution of the Agency Transfer Payment Agreement with the Cupertino Redevelopment Agency. The motion carried unanimously. ADJOURNMENT of theCity Council and Redevelopment Agency At 7:40p.m., the meeting was adjourned. ____________________________ Kimberly Smith, City Clerk Staffreports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas &Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience atwww.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. OFFICE OF ADMINISTRATIVE SERVICES ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ CITY COUNCIL STAFF REPORT Meeting:October 4, 2011 Subject Adopt resolutions establishing member contributions and implementing the provisions of the Internal Revenue code section 414(h)(2) for tax benefit purposes as required by CalPERS. Recommended Action Adopt Resolution No. 11-___establishing employer paid member contributions and Adopt Resolution No. 11-___implementing the provisions of the Internal Revenue code section 414(h)(2) for tax benefit purposes as required by CalPERS. Description Prior to 2007, the City paid the full share of the employee contribution to the CalPERS retirement system. As part of the three year contract with all city bargaining groups, the employees agreed to pay 2% towards the 8% rate associated with the retirement plan. Unfortunately, the City did not adopt two required CalPERS resolutions in conjunction with this changeat that time. This year, CalPERS has implemented a new reporting system and has been reviewing all employer files to ensure that all required agreements and resolutions are up to date. The th Citywas notified on September 27that two required resolutions are missingfromtheir files. These resolutions are needed before they will permit us to access their new reporting system and process our November payroll as per our negotiated agreements. Attached are the CalPERS resolutions that authorize: 1.Establishing the employer paid member contribution at 6%; and 2.The direction on how to tax the member paid contribution as a pre-tax item. Adoption of these two resolutions will bring us into full compliance with the agreements and resolutions that CalPERS requires from each employer. Fiscal Impact Permits the City to continue to process payroll and meet our contractual obligations. Prepared by:Carol Atwood Approved for Submission: David W. Knapp, City Manager Attachments:Draft Resolutions 2 RESOLUTION NO. 11- A RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING EMPLOYER PAID MEMBER CONTRIBUTIONS WHEREAS, the Councilhas the authority to implement Government Code Section 20691; WHEREAS, the Council has written labor policiesor agreementswhich specifically provide for the normal member contributions to be paid by the employer; WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the Councilof a Resolution to commence said EmployerPaid Member Contributions (EPMC); WHEREAS, the Council has identified the following conditions for the purpose of its election to pay EPMC: This benefit shall apply to the Unrepresented group, City Attorney Employees’ group, Cupertino Employees’ Association, and Operating Engineers, Local #3. This benefit shall consist of paying 6% of the normal member contributions as EPMC. The effective date of this Resolution shall be as of January 1, 2008. NOW, THEREFORE, BE IT RESOLVEDthat the City Council of theCity of Cupertino elects to pay EPMC, as set forth above. PASSED AND ADOPTEDat a regular meeting of the City Council of the City of Cupertino this th 4day of October 2011 by the following vote: Vote:Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: ____________________________________________________________ Kimberly Smith, City ClerkMayor, City of Cupertino RESOLUTION NO.11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO TAX DEFER MEMBER PAID CONTRIBUTIONS –IRC 414(H)(2) EMPLOYERPICK-UP WHEREAS, the Councilhas the authority to implement the provisions of section 414(h)(2) of the InternalRevenue Code (IRC); and WHEREAS, the Council has determined that even though the implementation of the provisions of section 414(h)(2) IRC is not required by law, the tax benefit offered by section 414(h)(2) IRC should be provided to the Unrepresented group, City Attorney Employees’ group, Cupertino Employees’Association, and Operating Engineers Local No. 3 employees who are members of the California Public Employees’ Retirement System. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby establishes: 1.That the City of Cupertino will implement the provisions of section 414(h)(2) Internal Revenue Code by making employee contributions pursuant to California Government Code Section 20691 to the California Public Employees’Retirement System on behalf of all its employees or all its employees in a recognized group or class of employment who are members of the California Public Employees Retirement System. “Employee contributions” shall mean those contributions to the PublicEmployees’ Retirement System which are deducted from the salary of employees and are credited to individual employee’s accounts pursuant to California Government Code section 20691. 2.That the contributions made by the City of Cupertino to the California Public Employees’ Retirement System, although designated as employee contributions, are being paid by the City of Cupertino in lieu of contributions by the employees who are members of the California Public Employees’ Retirement System. 3.That employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of Cupertino to the California Public Employees’ Retirement System. 4.That the City of Cupertino shall pay to the California Public Employees’ Retirement system the contributions designated as employee contributions from the same source of funds as used in paying salary. 5.That the amount of the contributions designated as employee contributions and paid by the City of Cupertino to the California Public Employees’ Retirement System on behalf of an employee shall be a portion of the contribution required of the employee by the California Public Employees’ Retirement Law (California Government Code Sections 20000, et seq.). 6.That the contributions designated as employee contributions made by the City of Cupertino to the California Public Employees’ Retirement System shall be treated for all purposes, other than taxation, in the same way that member contributions are treated by the California Public Employees’ System. PASSED AND ADOPTEDat a regular meeting of the City Council of the City of Cupertino this th 4day of October 2011 by the following vote: Vote:Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: ____________________________________________________________ Kimberly Smith, City ClerkMayor, City of Cupertino OFFICE OF THE CITY MANAGER CITY COUNCIL STAFF REPORT ûîîçûðê÷ìíêè öÓÉÙÛÐã×ÛÊ ¦ ÷Ä×ÙÇÈÓÆ×éÇÏÏÛÊÃ èÔ×ûÎÎÇÛÐê×ÌÍÊÈ ûÏ×ÊÓÙÛªÉïÍÉÈ óÎÎÍÆÛÈÓÆ×ùÓÈÓ×É ©óÈªÉÎÍÉÇÊÌÊÓÉ×ÈÔÛÈéÓÐÓÙÍÎ ÍÖéÛÎòÍÉ×ÛÎØÎ×ÓÕÔÚÍÊÉ ÐÓÑ×éÛÎÈÛùÐÛÊÛéÇÎÎÃÆÛÐ× ùÇÌ×ÊÈÓÎÍ ïÍÇÎÈÛÓÎæÓ×ÅÛÎØ ÈÔÍÉ×ÙÛÈ×ÕÍÊÓ×É¨ é×ÊÆÓÙ×ÙÍÎÈÓÎÇ×ÈÍÚ×ÙÍÊ×ÆÛÐÇ×ÍÖÍÇÊÍÊÕÛÎÓÂÛÈÓÍÎÛÎØÉÈÛÖÖ ïÓÉÉÓÍÎ õÍÛÐÉ úÇØÕ×È ûéÛÖ×ÛÎØô×ÛÐÈÔÃùÍÏÏÇÎÓÈÃ ÷ÄÙ×ÐÐ×ÎÈùÇÉÈÍÏ×Êé×ÊÆÓÙ× úçóðøóîõøóæóéóíî ûéÛÖ×ÛÎØô×ÛÐÈÔÃùÍÏÏÇÎÓÈÃ ÷ÄÙ×ÐÐ×ÎÈùÇÉÈÍÏ×Êé×ÊÆÓÙ× ìÊ×É×ÊÆÓÎÕùÍÏÏÇÎÓÈÃæÛÐÇ×É ìðûîîóîõøóæóéóíî ûéÛÖ×ÛÎØô×ÛÐÈÔÃùÍÏÏÇÎÓÈÃ ÷ÄÙ×ÐÐ×ÎÈùÇÉÈÍÏ×Êé×ÊÆÓÙ× ìÊ×É×ÊÆÓÎÕùÍÏÏÇÎÓÈÃæÛÐÇ×É ìÐÛÎÎÓÎÕùÍÏÏÓÉÉÓÍÎ ôíçéóîõøóæóéóíî ûéÛÖ×ÛÎØô×ÛÐÈÔÃùÍÏÏÇÎÓÈÃ ÷ÄÙ×ÐÐ×ÎÈùÇÉÈÍÏ×Êé×ÊÆÓÙ× ìÊ×É×ÊÆÓÎÕùÍÏÏÇÎÓÈÃæÛÐÇ×É ôÍÇÉÓÎÕùÍÏÏÓÉÉÓÍÎ ÷ùíîíïóùø÷æ÷ðíìï÷îè ê÷ø÷æ÷ðíìï÷îè ÷ÄÙ×ÐÐ×ÎÈùÇÉÈÍÏ×Êé×ÊÆÓÙ× ìÊ×É×ÊÆÓÎÕùÍÏÏÇÎÓÈÃæÛÐÇ×É úÛÃùÐÇÚÛÈæÛÐÐÙÍ èÔ×ìÛÊÑÉÛÎØê×ÙÊ×ÛÈÓÍÎùÍÏÏÓÉÉÓÍÎ èÔ×è××ÎùÍÏÏÓÉÉÓÍÎ ø×ÌÛÊÈÏ×ÎÈïÓÉÉÓÍÎ õÍÛÐÉÛÎØíÚÒ×ÙÈÓÆ×É íÌ×ÊÛÈÓÎÕúÇØÕ×È ø×ÌÛÊÈÏ×ÎÈøÓÆÓÉÓÍÎÉ ÷ÎÕÓÎ××ÊÓÎÕé×ÊÆÓÙ×É ÷ÎÆÓÊÍÎÏ×ÎÈÛÐìÊÍÕÊÛÏÉ èÊÛÎÉÌÍÊÈÛÈÓÍÎ ùÛÌÓÈÛÐóÏÌÊÍÆ×Ï×ÎÈÉ õÊÍÇÎØÉ ìÇÚÐÓÙåÍÊÑÉ¥ùóì ìÇÚÐÓÙåÍÊÑÉ¥ïÛÓÎÈ×ÎÛÎÙ× õÊÛÎÈÉ ûÅÛÊØÉ ùÍÏÏÓÉÉÓÍÎÉ ùÊÓÏ×ÉûÕÛÓÎÉÈì×ÊÉÍÎÉöã öã ùÔÛÎÕ×ì×ÊÙ×ÎÈÛÕ×æÛÊÓÛÎÙ× èÍÈÛÐÉ ìÊÍÌ×ÊÈÃùÊÓÏ×Éöã öã ùÔÛÎÕ×ì×ÊÙ×ÎÈÛÕ×æÛÊÓÛÎÙ× èÔ×ÖÈ èÍÈÛÐÉ öã öã ùÔÛÎÕ×ì×ÊÙ×ÎÈÛÕ×æÛÊÓÛÎÙ× èÍÈÛÐÉ ì×Ø×ÉÈÊÓÛÎ úÓÙÃÙÐ×óÎÙÓØ×ÎÈÉöã öã ùÔÛÎÕ×ì×ÊÙ×ÎÈÛÕ×æÛÊÓÛÎÙ× èÍÈÛÐÉ öã öã ùÔÛÎÕ×ì×ÊÙ×ÎÈÛÕ× óÉÉÇ×ØæÛÊÓÛÎÙ× èÍÈÛÐÉ ùÛÐÐìÊÓÍÊÓÈÃûÆ×ÊÛÕ×ê×ÉÌÍÎÉ×èÓÏ×æÍÐÇÏ×ÍÖùÛÐÐÉûÆ×ÊÛÕ×ê×ÉÌÍÎÉ×èÓÏ×æÍÐÇÏ×ÍÖùÛÐÐÉ öã öã èÍÈÛÐÉ ìÇÚÐÓÙéÛÖ×ÈÃùÍÏÏÓÉÉÓÍÎ ffectively of ïÓÉÉÓÍÎ õÍÛÐÉÛÎØíÚÒ×ÙÈÓÆ×É ìÍÐÓÙÃÖÛÙÓÐÓÈÛÈÓÍÎÛÎØÓÏÌÐ×Ï×ÎÈÛÈÓÍÎ é×ÊÆÓÙ×Ø×ÐÓÆ×ÊÃ ùÍÏÏÇÎÓÈÃê×ÐÛÈÓÍÎÉ ùÍÏÏÇÎÓÈÃê×ÐÛÈÓÍÎÉÙÍÎØÇÙÈÉÛÆÛÊÓ×ÈÃÍÖÌÊÍÕÊÛÏÉÏÍÉÈÎÍÈÛÚÐÃÈÔ×ùÓÈÃªÉÛÅÛÊØÅÓÎÎÓÎÕúÐÍÙÑ ð×ÛØ×ÊìÊÍÕÊÛÏ ìÇÚÐÓÙÛÎØ÷ÎÆÓÊÍÎÏ×ÎÈÛÐûÖÖÛÓÊÉ ùÍÏÏÇÎÓÙÛÈÓÍÎ ÷ÎÆÓÊÍÎÏ×ÎÈÛÐûÖÖÛÓÊÉÛÎØéÇÉÈÛÓÎÛÚÓÐÓÈÃ å×Ú ùÇÌ×ÊÈÓÎÍöÛÙ×ÚÍÍÑ å×ÚÉÓÈ×ùÇÌ×ÊÈÓÎÍÍÊÕ ø×ÌÛÊÈÏ×ÎÈïÓÉÉÓÍÎ õÍÛÐÉÛÎØíÚÒ×ÙÈÓÆ×É íÌ×ÊÛÈÓÎÕúÇØÕ×È ø×ÌÛÊÈÏ×ÎÈøÓÆÓÉÓÍÎÉ ùÓÈÃùÐ×ÊÑ øÇÌÐÓÙÛÈÓÎÕÛÎØïÛÓÐ ÷Ð×ÙÈÓÍÎÉ ÷Ï×ÊÕ×ÎÙÃìÊ×ÌÛÊ×ØÎ×ÉÉÛÎØî×ÓÕÔÚÍÊÔÍÍØåÛÈÙÔ ùÍØ×÷ÎÖÍÊÙ×Ï×ÎÈ óÎÖÍÊÏÛÈÓÍÎè×ÙÔÎÍÐÍÕÃ öÓÎÛÎÙ×ÛÎØèÊ×ÛÉÇÊÃ ùÓÈÃùÐ×ÊÑ øÇÌÐÓÙÛÈÓÎÕÛÎØïÛÓÐ ÷Ð×ÙÈÓÍÎÉ ÷Ï×ÊÕ×ÎÙÃìÊ×ÌÛÊ×ØÎ×ÉÉÛÎØî×ÓÕÔÚÍÊÔÍÍØåÛÈÙÔ ôÇÏÛÎê×ÉÍÇÊÙ×É óÎÉÇÊÛÎÙ×ÛÎØêÓÉÑïÛÎÛÕ×Ï×ÎÈ ùÍØ×÷ÎÖÍÊÙ×Ï×ÎÈ óÎÖÍÊÏÛÈÓÍÎè×ÙÔÎÍÐÍÕÃ ûÇØÓÈùÍÏÏÓÈÈ×× ðÓÚÊÛÊÃùÍÏÏÓÉÉÓÍÎ öÓÎ×ûÊÈÉùÍÏÏÓÉÉÓÍÎ öÓÉÙÛÐéÈÊÛÈ×ÕÓÙìÐÛÎùÍÏÏÓÈÈ×× PARKS AND RECREATION DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting:October 4, 2011 Subject National League of Cities Annual Business Meeting on November 12, 2011 in Phoenix, AZ. Recommended Action Designate Mayor Gilbert Wong as the voting delegate for the City of Cupertino and designate Parks and Recreation Director Mark Linder as the alternate. Description Mayor Wong and Director Linder are the only representatives from Cupertino attending the National League of Cities Conference in Phoenix, AZ on November 10-12. It is appropriate for the Mayor to be the voting delegate. _____________________________________ Preparedby:Mark Linder Reviewed by: Donna Henriques Approved for Submission by:David W. Knapp, City Manager Attachments: COMMUNITY DEVELOPMENT DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: October 4, 2011 Subject Alcoholic Beverage License,Smiling House,10074 East Estates Drive(near Stevens Creek and Miller). Recommended Action Approveapplicationfor On-Sale Beer and Wine for Bona Fide Public Eating Place. Description Name of Business:Smiling House Location:10074 East Estates Drive Type of Business:Restaurant Type of License:On-Sale Beer and Wine for Bona Fide Public Eating Place (41) Reason for Application:Annual Fee, Person-to-Person Transfer, State & Federal Fingerprints Discussion There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance of the license. License Type 41authorizes the sale of beer and wine for consumption on thepremises where sold. _____________________________________ Prepared by: Traci Caton, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachment: Application for Alcoholic Beverage License RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINOAUTHORIZING EXECUTION OF ANIMPROVEMENT AGREEMENTBETWEEN THE CITY AND DEVELOPERS, AZ CHEMICALS, INC. AND RONSDALE MANAGEMENT, LLC, 22080 SAN FERNANDO COURT, APN 357-12-011 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developers,AZ Chemicals, Inc. and Ronsdale Management, LLC,for the installation of certain municipal improvements at 22080 San Fernando Courtand said agreement having been approved by the City Attorney, and developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regularmeeting of the City Council of the City of Cupertino this 4thday of October, 2011,by the following vote: VoteMembersoftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _________________________________________________ Kimberly Smith, City ClerkGilbert Wong, Mayor, City of Cupertino Resolution No. 11- Page 2 EXHIBIT “A” SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPER: AZ CHEMICALS, INC. AND RONSDALE MANAGEMENT, LLC LOCATION: 22080 SAN FERNANDO COURT, APN 357-12-011 PART AFaithful Performance Bond:$3,433.32 110 2211 PART BLabor and Material Bond:$3,433.32 110 2211 PART CChecking and Inspection Fee:$2,542.00 110 4538 PART DDevelopmentMaintenance Deposit:$1,000.00 110 2211 PART EStorm Drainage Fee –Basin 2$159.35 215 4072 PART FStreet Light -One-Year Power Cost:N/A 110 4537 PART GLot Line AdjustmentFee:N/A 110 4539 PART HPark Fee -ZONE IIIN/A 280 4083 PART IReimbursement Fee:N/A ïðîíç ð ïð ïð ðííð ïð ïð ïðíëð ïðíëï îïçéë ïðíêí ïðíêî ïðíéì ïðíêé ïðíèê îîðïé ïðíçè ïðììî ïðìïð ïðìíî ïðìíì ïðìëî ïðìîî îîðïê ïðìîî ïðìëí ïðìíë ïðìëìïðìíì êî ïðìïî ïðìêí ïðììê ïðììë ïðìêì ïðìðî ïðìëë ïðìéí ïðìëê î ïðìéì ïðìêë ïðíçî ïðíìî ïðìéî ïðíëî ïðíêî ïðìéë ïðíéî ïðíèî ïðìèê ïðìèë ïðìçë îïçèç îïçéë îïçèé îïçéé îïçèë îïçéç îïççç îîðïë îïççé îîðïé q Í«¾¶»½¬æ ×³°®±ª»³»²¬ ß¹®»»³»²¬ô ßÆ Ý¸»³·½¿´ô ×²½ò ú Î±²¼¿´» Ó¿²¿¹»³»²¬ô ÔÔÝô îîðèð Í¿² Ú»®²¿²¼± Ý±«®¬ îïççë îîðïç Î»½±³³»²¼»¼ ß½¬·±²æ ß¼±°¬ Î»±´«¬·±² Ò±ò ïïó îîðîë îîðíë îîðîé RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FORUNDERGROUND WATER RIGHTS,AZ CHEMICALS, INC. AND RONSDALE MANAGEMENT, LLC, 22080 SAN FERNANDO COURT, APN 357-12-011 WHEREAS,AZ Chemicals, Inc. and Ronsdale Management, LLC,haveexecuted a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit“A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a regularmeeting of the City Council of the City of Cupertino this 4thday ofOctober,2011, by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _________________________________________________ Kimberly Smith, City ClerkGilbert Wong, Mayor, City of Cupertino ïðîíç ð ïð ïð ðííð ïð ïð ïðíëð ïðíëï îïçéë ïðíêí ïðíêî ïðíéì ïðíêé ïðíèê îîðïé ïðíçè ïðììî ïðìïð ïðìíî ïðìíì ïðìëî ïðìîî îîðïê ïðìîî ïðìëí ïðìíë ïðìëìïðìíì êî ïðìïî ïðìêí ïðììê ïðììë ïðìêì ïðìðî ïðìëë ïðìéí ïðìëê î ïðìéì ïðìêë ïðíçî ïðíìî ïðìéî ïðíëî ïðíêî ïðìéë ïðíéî ïðíèî ïðìèê ïðìèë ïðìçë îïçèç îïçéë îïçèé îïçéé îïçèë îïçéç îïççç îîðïë îïççé îîðïé q Í«¾¶»½¬æ Ï«·¬½´¿·³ Ü»»¼ ¿²¼ ß«¬¸±®·¦¿¬·±² º±® Ë²¼»®¹®±«²¼ É¿¬»® Î·¹¸¬ô ßÆ Ý¸»³·½¿´ô ×²½ò ú Î±²¼¿´» Ó¿²¿¹»³»²¬ô îïççë îîðïç ÔÔÝô îîðèð Í¿² Ú»®²¿²¼± Ý±«®¬ îîðîë Î»½±³³»²¼»¼ ß½¬·±²æ ß¼±°¬ Î»±´«¬·±² Ò±ò ïïó îîðíë îîðîé RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FORUNDERGROUND WATER RIGHTS,TRACY HSU AND HUEI-HWANG HUNG, 10382 PALO VISTA ROAD, APN 357-02-050 WHEREAS,Tracy Hsu and Huei-Hwang Hung,haveexecuted a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit“A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization” and this resolution. PASSED AND ADOPTED at a regularmeeting of the City Council of the City of Cupertino this 4thday ofOctober,2011, by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _________________________________________________ Kimberly Smith, City ClerkGilbert Wong, Mayor, City of Cupertino îîíçð ïðïìë îîíèð ïðïéç îîíéð îîìïì ïðïèç ïðïêï ïðîìë ïðîéï ïðîèë ïðîçë ïðíðí ïðíïé ïðííë ïðíëí ïðíéï ïðíèé ïðíçç ïð ïðìîï ïð q Í«¾¶»½¬æ Ï«·¬½´¿·³ Ü»»¼ ¿²¼ ß«¬¸±®·¦¿¬·±² º±® Ë²¼»®¹®±«²¼ É¿¬»® Î·¹¸¬ô Ì®¿½§ Ø« ¿²¼ Ø«»·óØ©¿²¹ Ø«²¹ô ïðíèî Ð¿´± Ê·¬¿ Î±¿¼ Î»½±³³»²¼»¼ ß½¬·±²æ ß¼±°¬ Î»±´«¬·±² Ò±ò ïïó ïðìêï ïðìéë PUBLIC WORKS DEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting: October 4, 2011 Subject Approve a semi-rural designation eliminatingthe requirement for sidewalks on the west side of Palo Vista Road, pursuant to Ordinance No. 1925. Recommended Action Adopt Resolution No. 11 - Background In the past, a number of residential property owners and neighborhood residents voiced objections to the City Municipal Code requirement that City standard curb, gutter, sidewalk, and streetlights be installed along their street frontages as a condition of their residential building permits. The typical street improvement requirements call for sidewalk to be installed behind curb and gutter on both sides of the street. In general, the objecting property owners felt that their neighborhoods were of a rural or semi-rural character that would be compromised if the normal concrete curb, gutter and sidewalk, and streetlight improvements were applied. On October 20, 2003, City Council adopted Ordinance No. 1925, amending the Cupertino Municipal Code by establishing criteria to be used for designating certain streets or neighborhoods as rural or semi-rural in nature. Such a designation allows modified street improvement standards for local streets that are not covered under the hillside development provisions of the Code. Certain findings concerning neighborhood consensus, safety, and drainage form the basis of the criteria. There have been 33applications under the ordinance to date. Of those, 25applications will have been completed and approved if the present application is approved, seven applicants have not returned completed petitions to the City, one petition was denied. Property owners along the frontage of Palo VistaRoad(shown as Area 33 on Attachment B) have circulated a petition in support of altering their neighborhood designation to semi-rural by waiving sidewalks. As required by Code, two thirds of property owners have signed in support of the semi-rural designation. This semi-rural application applies only to properties on the west side of Palo Vista. Sidewalks are currently not required on the east side of Palo Vista as these properties were designatedsemi- rural in May of 2004. With the exception of the corner of 22346 Rancho Ventura Streetand 10349 Palo Vista Road, there is no sidewalk on either side of Palo Vista between Rancho Ventura Streetand Palm Avenue.The semi-rural designation of Palo Vista Roadwould be consistent with the neighborhood’s character. In terms of safety, the street is not designated as a safe route to school and the existing curb and gutter allows for adequate drainage. Based on the recorded accident history, there have been no accidents reported on Palo Vista Roadin the past five years. Fiscal Impact There is no financial impact. Staff Recommendation Staff recommends that the City Council adopt a resolution approving a semi-rural designation to eliminate the requirement for sidewalks on the west side of Palo Vista Road. _____________________________________ Preparedby:JoAnne Johnson, Engineering Technician Reviewed by:Timm Borden, Director of Public Works Approved for Submission by:David W. Knapp, City Manager Attachment(s):AttachmentA–Resolution Attachment B -Map Attachment A RESOLUTION NO. 11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A SEMI-RURAL DESIGNATION FOR PALO VISTA ROAD WHEREAS, property owners along the frontages of Palo Vista Roadhave circulated apetition in support of altering their neighborhood designation to semi-rural; and WHEREAS, two-thirdsof the property owners have signed in support of eliminating sidewalk requirements for this street. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby approves a semi-rural designation for Palo Vista Drive. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this4th day of October, 2011, by the following vote: VoteMembersoftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _________________________________________________ Kimberly Smith, City ClerkGilbert Wong,Mayor,City of Cupertino ßÌÌßÝØÓÛÒÌ Þ ÔßÆÇ ÑßÕ ÝÌ ÝÎÛÛÕ ÝÌ ÎÑÇßÔ ÑßÕ ÉßÇ ÉßÇ ÑÎÝØßÎÜ ÝÌ Í×ÔÊÛÎ ÑßÕ ÔÒ ÍÌÛÊÛÒÍ Í×ÔÊÛÎ ÑßÕ ÝÌ ÍÌÛÊÛÒÍ ÝÎÛÛÕ ÞÔÊÜ ÝÌ Õ×ÒÍÌ ÝÌ ò Î«®¿´ ñ Í»³·óÎ«®¿´ Ü»·¹²¿¬·±² Û¨·¬·²¹ Í»³·óÎ«®¿´ ß®»¿ Ð®±°±»¼ ß®»¿ íí OFFICE OF THE CITY CLERK ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting:October 4, 2011 Subject Annual commissions and committees report with terms expiring January 30, 2012. Recommended Action Select application deadline date of Wednesday, January 11and interview dates of Monday and Tuesday, January 23 and 24. Discussion The Cupertino City Council appoints members to 10advisory commissions and committees. For most of these, members serve staggered, four-year terms with a two-term limit. If a person is appointed to fill an unscheduled vacancy for a term that is less than two years, that partial term is not counted against the term limit. Recruitment, appointment, and reappointment are governed by City Council Resolution No. 10-048, and Government Code section 54970. The Teen Commission is governed by Resolution No. 09-115 and follows a different appointment schedule and structure. Vacancies will be announced in October in the local news media, posted at City Hall, Senior Center, Quinlan Community Center,and the Library, and included in the Cupertino Scene and the City’s web site. Notices are also mailed to CERT graduates, Neighborhood Block Leaders, Leadership 95014 graduates,the Chamber of Commerce, service organizations, and other interested parties. Commissioners who have expired terms and are eligible for reappointment are notifiedas well as those with applications on file. The attached list describes all the commissions and committees, and lists the names of incumbents whose terms are ending in January 2012. Applicants may apply for up to two commissions and each applicant is interviewed for his or her preferred commission(s). _____________________________________ Prepared by:Grace Schmidt, Deputy City Clerk Reviewed by:Kimberly Smith, City Clerk Approved for Submission by:David W. Knapp, City Manager Attachments: OFFICE OF THE CITY CLERK ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ CITY OF CUPERTINO APPOINTMENTS LIST AND NOTICE OF VACANCIES 2012 Notice is hereby given that residents are encouraged to apply for positions on City commissions and committees that will have vacancies in January of 2012.The application deadline is 5:30 p.m. on Wednesday, January 11, 2012.Council will conduct interviews beginning at 6:00 p.m. on Monday and Tuesday,January 23and 24. Commissioners are interviewed and appointed by the City Council, and may serve a total of two consecutive 4-year terms. (The Teen Commission has a different term structure). If a person is appointed to fill an unscheduled vacancy that is less than two years, that partial term is not counted against the term limit. All meetings are open to the public. For more information or to apply for a commission, please contact the City Clerk’s Office at 777-3223, or visit the City website at www.cupertino.org. Audit Committee –2 vacancies Garrett Wade served from Jan. ’04 to Jan. ’12 –not eligible for reappointment Myoung Kang served from Jan. ’04 to Jan. ’12 –not eligible for reappointment The Committee consists of four or five members serving four-year terms. Two individuals are members of City Council, and a minimum of two and a maximum of three are at large members. The at large members shall not be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Committee, the City Manager or staff person assigned to the Committee. An Audit Committee at large member is not required to be a Cupertino resident, but the City Council will give priority to individuals who have substantial accounting, audit, or investment experience, preferably in connection with a governmental agency. The powers and functions of the Audit Committee shall be as follows: A. Review the annual audit report and management letter; B. Recommend appointment of auditors; C. Review the monthly Treasurer’s report, D. Review City investment policies and internal controls of such policies. Meetings are held as needed in January, April, July, and October on the 3rd Thursday of the month at 4:00 p.m. at City Hall in Conference Room A. For more information, call staff liaison Carol Atwood at (408) 777-3220. 2012Notice of Commission vacancies Bicycle Pedestrian Commission –Novacancies The Commission consists of five members appointed by the council to four-year overlapping terms. None shall be officials or employees of the City nor cohabit with, as defined by law, nor be related by blood or marriage to, any member of the committee, the City Manager or the staff person or persons assigned to the Commission. The function of the Commission is to review, monitor and suggest recommendations for City transportation matters including, but not limited to bicycle and pedestrian traffic, parking, education and recreation within Cupertino. Meetings are heldmonthlyon the third Wednesday at 7 p.m. in City Hall, Conference Room A. For more information, call staff liaison David Stillmanat (408) 777-3249. Fine Arts Commission –Novacancies The Commission consists of five members appointed by Council for four-year terms. None of the members shall be employees or officials of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or staff person assigned to the Commission. At least three shall be Cupertino residents. The powers and functions of the Fine Arts Commission are to foster, encourage and assist the realization, preservation and advancement of the fine arts for the benefit of the community. The Fine Arts Commission falls under the Political Reform Act of 1974 and financial disclosure is required. th Meetings are held on the 4Tuesday of every other month (odd months) and more often as necessary at 7:00 p.m. in City Hall, Conference Room A. For more information, contact staff liaison Kimberly Smith at (408) 777-3217. Housing Commission –2 vacancies Nicole Maroko served from April ’08 to Jan. ’12 –eligible for reappointment (This vacancy is for the Business Representative) Radha Kulkarni served from Jan. ’08 to Jan. ’12–eligible for reappointment The Cupertino Housing Commission consists of five members appointed by the council to four-year terms. One must be a representative from a Cupertino financial institution and another from a Cupertino business. Housing Commission members who are representatives of a financial institution or a business are not required to be Cupertino residents, but the financial institution and the business represented must be located in Cupertino. The three remaining community members must be residents of Cupertino. The commission assists in developing housing policies and strategies, recommends policies for implementation and monitoring of affordable housing projects, helps identify sources of funding for affordable housing and performs other advisory functions authorized by the City Council. The Cupertino Housing Commission falls under the Political Reform Act of 1974 and financial disclosure is required. Meetings are held at 9:00 a.m., the second Thursday of the month at City Hall, Conference Room C. For more information, call staff liaison Vera Gil at (408) 777-3308. 2 2012Notice of Commission vacancies Library Commission –Novacancies The commission consists of five members appointed by the Council to four-year, overlapping terms. At least three members must be residents of Cupertino. None of the members shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. The commission advises the city council on the adequacy of library service within the community and such other matters relating to library service as specified by the city council, and serves as liaison between the city and the Santa Clara County library system. Meetings are held monthly on the first Wednesday ofeachmonth at 7:00 p.m. in City Hall, Conference Room A. For more information, call staff liaison Carol Atwood at (408) 777-3220. Parks and Recreation Commission –2vacancies Darcy Paul served from Jan. ’08 to Jan. ’12 –eligible for reappointment Marcia St.Clair served from Sept. ’10 to Jan. ’12 –eligible for reappointment The commission consists of five members who are residents of the City and shall be appointed by the Council to four-year, overlapping terms. None of the members shall be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. The commission advises the City Council on municipal activities in relation to parks and recreation, including park site acquisition and development, recreation program policy, and expansion of the park program as development occurs. The Parks and Recreation Commission falls under the Political Reform Act of 1974 and financial disclosure is required. Meetings are held at 7:00 p.m. on the first Thursday of each month in the Community Hall. For more information, contact staff liaison Mark Linderat (408) 777-3110. Planning Commission –Novacancies The Commission consists of five members appointed by the Council to overlapping four-year terms.Each member shall be a qualified elector in and resident of the City.None of the members shall be officials or employees of the City and none of whom shall cohabit with as defined by law, nor be related by blood or marriage to any other member of the Commission, the City Manager or the staff person(s) assigned to this Commission. The Commission’s primary function is to advise the City Council on land use matters such as specific and general plans, zonings and subdivisions. The Commission reviews other matters as specified by City ordinances or Title VII of the Government Code of California. Meetings are held at 6:45 on the second and fourth Tuesday of the month in the Community Hall. For more information, call staff liaison Aarti Shrivastavaat (408) 777-3308. 3 2012Notice of Commission vacancies Public Safety Commission –3vacancies Craig Lee served from Jan. ’09 to Jan.’ 12 –eligible for reappointment Andy Huang served from Jan. ’10 to Jan. ’12 –eligible for reappointment Tamara Pow served from Jan. ’08 to Jan. ’12 –eligible for reappointment The commission consists of five members, all of whom shall reside within the City and shall be appointed by the council to four-year, overlapping terms. None shall be officials or employees of the City, members of the Sheriff’s Department of the County, either regular or reserve, nor shall they be members of the Central Fire Protection District. No members of the Public Safety Commission shall cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. The primary functions are toadvise the city council on all areas relating to public safety, traffic, and police, fire and other matters relating to the foregoing. Meetings are heldmonthlyon thesecond Thursday ofeach monthat 7 p.m. in City Hall, Conference Room A.For more information, call staff liaison Captain Carl Neuselat (408) 674- 4559. Teen Commission –No vacancies The commission consists of ninemembers, with the intention if possible to include at least one person from each public middle school and public high school in Cupertino. Membership on the Commission is limited to Cupertino residents. Members may attend schools outside of the city thth limits, or be schooled at home. Commissioners must be in 8through 12grade.Teen Commissioners serve two-year staggered terms. The powers and functions of the Teen Commission are to advise the City Council and staff on issues and projects important to youth. The Commission meets once (or twice as needed)a month on the secondWednesday at 6:15p.m. at the Quinlan Community Center, 10185 N. Stelling. For more information, call staff liaison Lauren Phillips, 777-3134. Technology, Information, and Communications Commission –2 vacancies Wallace Iimura served from Jan. ’07 to Jan. ’12 –eligible for reappointment Reena Nadkarni served from May ’11 to Jan. ’12 –eligible for reappointment The Commission consists of five members, from among the qualified electors of the City, appointed by the council to four-year, overlapping terms. None of the members shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. They advise the city council on all matters relating to telecommunications within the city of Cupertino, including evaluating compliance with any franchise or other agreement between the city and a telecommunications provider and conducting periodic reviews of providers, facilities, 4 2012Notice of Commission vacancies and products. In addition, members serve as liaisons between the city, the public, and telecommunications providers in enhancing education and information. The commission also provides support for community access television, especially public and educational access, and gives guidance when needed for development and implementation of access channels and programming. The Technology, Information, and Communications Commission falls under the Political Reform Act of 1974 and financial disclosure is required. Regular meetings are held at least once every three months and, at the discretion of the Commission, other meetings may be held as necessary or expedient. Meetings usually fall on the first Wednesday of the month at 7:00 p.m. in City Hall Conference Room A. For more information, call staff liaison Rick Kitson, 777-3262. 5 OFFICE OF ADMINISTRATIVE SERVICES ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ CITY COUNCIL STAFF REPORT Meeting:October 4,2011 Subject Approve Streamlining of the Consent Calendar Ratification Process. Recommended Action Adopt resolution to approve Streamlining of the Consent Calendar Ratification Process for items which haveappropriate approval controls at the organization level. Description Our prior audit firm, Maze & Associates, proposed streamlining of the City’s Consent Calendar in conjunction with the Fiscal Year 9/10 management letter. This recommendation was offered to save Council and staff time, and therefore budget dollars, for items that already have appropriate approvals at the organization level. Changes in the Government Code and best practices have eliminated the necessity of additional Council approval for items such as warrant registers, payroll, bingo permits, maintenance agreementsrelated to developments, quitclaims,easements given to the Cityand final subdivision maps. This audit proposalwas reviewed by the Audit Committee and the Fiscal Strategic Plan Committee with both groups concurring withthe auditors’recommendation. The Fiscal Strategic Plan Committee did ask, however, that all maintenance agreements, easements and final subdivision maps be reported to the Council via another means than the traditional consent calendar. Staff will be reporting activities in these areas through Items of Interest if Council approves this item tonight. Discussion Research has been performed on the categorieslisted above via our attorneys’ office and with other municipalities with the following results: Warrant Registers and Payroll–Government Code 37208(c)allows for budgeted payrolls and demands paid by warrants or checks to be presented to the City Council for ratification and approval in the form of an audited and Comprehensive Annual Financial Report (CAFR). The CAFR contains the independent auditor’s report and opinion, and a summary of all budgeted funds and expenditures over the prior fiscal year. Therefore, there is no longer a legal requirement that the City Council approve the bi-monthly check register or payroll warrants as an agendized item. Bingo Permits–Approved at the department level. No resolution or municipal code change required. Maintenance agreements related to development –Approved at the department level. No resolution or municipal code change required. Quitclaims and Easements–Deeds or grants of easements given to the City can be accepted by a designated individual, typically the City Engineer. Deeds or grants of easements from the City to another party will still goto the City Council for approval. No resolution or municipal code change required. All of the above categories are prepared and/or reviewed internally with appropriate internal controlsas to approval and sign off.Additional City Council approval is unnecessary due to the redundancy of the controls. Fiscal Impact Elimination of these categories from the Consent Calendar is estimated to save approximately 10hours of staffand Council time per meeting for compilation, scanning, indexing, approving and reviewingthese items. Prepared by:Carol Atwood Approved for Submission: David W. Knapp, City Manager Attachment: Draft Resolution 2 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO APPROVESTREAMLING OF THE CONSENT CALENDAR RATIFICATION PROCESS WHEREAS, the City’s audit firm, Maze & Associates, proposed streamlining of the Consent Calendar in conjunction with the Fiscal Year 09/10 management letter; and WHEREAS, this recommendation was offered to save Council and staff time, and therefore budget dollars, for items that already have appropriate approvals at the organization level;and WHEREAS, theGovernment Code and best practices have eliminated the necessity of additional Council approval for items such as warrant registers, payroll, bingo permits, maintenance agreements related to developments, quitclaims, and easements given to the City; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves streamlining of the Consent Calendar Ratification Process. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this4thday of October2011by the following vote: VoteMembers of the City Council AYES:None NOES:None ABSENT:None ABSTAIN:None ATTEST:APPROVED: __________________________________________________________ Kimberly SmithGilbert Wong City ClerkMayor, City of Cupertino OFFICE OF ADMINISTRATIVE SERVICES ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ CITY COUNCIL STAFF REPORT Meeting:October 4, 2011 Subject Amend Sections 2.08.080B, 2.08.090A and 2.08.090C and add Sections 2.08.090Dand 2.08.090Eof the Municipal Code,and establish that the orderof business for any regular meetingof the City Councilwill be set by Resolution. Recommended Action Adopt Resolution 11-__ to provide Council flexibility pertaining to the order of business for any regular meeting of the City Council and conduct the first reading of the draft ordinance No. 11-_____. Amend Chapter 2.08 of the Cupertino Municipal Code regarding City Council Rules and Conduct of Meetings. Description Chapter 2.08 of the Municipal Code relating to City Council –Rules and Conduct of Meetings –sets forththe order of business at each regular meeting of the Council. Several times per year, Council is compelled to move items forward to accommodate a large number of residents in attendance to speak to an itemon the agenda,or to move oral communication to the end of a meeting if a large number of unexpected speakers attend regardinga community issuenot on the agenda. In addition, ordinance adoption, or second readings, isheard at the end of the agenda which necessitatesovertime and additional consultant fees while waiting for an item that has already been discussed and voted on by the Council. Finally, our current Ordinance language is outdated and not reflective of other municipal formats. To provide more flexibilitybased on each agenda before the Council, staff is proposing modifications to the above sections of the Code to permitthe Council to establish the order of business by Resolution,which may be modified at anyregular meeting by majority vote. Benefits of this change include: Enhance public input on popular agenda items by hearing them early on, as many residents cannotstay late at the meetings; Reduce staff overtime and consultant time by moving Ordinance Adoption to the beginning of the meeting; Accommodate applicant and/or consultant schedules in case of known scheduling conflicts,and Be courteous and respectful ofapplicants already scheduled over citizens discussing items not on the agenda. Fiscal Impact Cost savings is estimated to range from $400 -$800 per item. Prepared by:Carol Atwood Approved for Submission: David W. Knapp, City Manager Attachments:Draft Resolution; Draft Ordinance 2 ATTACHMENT A ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDINGCHAPTER 2.08OF THE CUPERTINO MUNICIPAL CODE REGARDING CITY COUNCIL RULES AND CONDUCT OF MEETINGS THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS that Chapter 2.08of the Cupertino Municipal Code is amended to read as follows: 2.08.080 Methodof Presenting Matters to Council. A.Every official, board, commission or other body, connected with the City government, and every citizen, individual, corporation, committee or civic group, having any reports, communications or other matters to be presented at a City Council meeting, shall be referred to the City Clerk in writing before nine a.m. of the sixth day (Sunday included) preceding the day of such meeting for it to be given consideration as an item of agenda business. B.The City Clerk shall prepare an agenda setting forth such matters and the nature thereof under their appropriate headings, and setting forth all other matters to come before such meeting under their appropriate headings., all under the headings in order specified in Section 2.08.090. The City Clerk shall, preceding such meetings, cause one copy thereof to be delivered to each member of the City Council and shall make such other copies available for public review as is consistent with State law. 2.080.090 Orderof Business. shall establishby A.The City Council of the city ordains thatthe order of business resolution. at each regular meeting of the City Councilshall be as follows: 1.Pledge of allegiance; 2.Roll call; 3.Ceremonial matters-presentations; 4.Postponements; 5.Written communications; 6.Oral communications; 7.Consent calendar; 8.Items removed from the consent calendar; 9.Public hearings; 10.Unfinished business; 11.New business; 12.Ordinances; 13.Staff reports; 14.Council reports; 15.Closed session; 16.Adjournment. OrdinanceNo. 11- B.The order of business to be taken up at an adjourned meeting shall be that as deemed by the Mayor and the City Council to be proper. C.The foregoing order of business may, at any regular meeting on motion duly made and carried, be changed or suspended for the period of such meeting. C. D.The City Council may, in its discretion, establish time limitations for the presentation or discussion of any item of business; and, may establish a time after which no agenda item of business will be taken up in which case the motion for adjournment will contain the date and time for the completion of agenda business. D.Closed Sessions may be held as needed and scheduled by the City Attorney. E.Council may change the order of business at any individual council meeting by majority vote. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 4th day of October, 2011and enacted ata regular meeting of the City Council of the City of Cupertino this ____day of ______ 2011, by the following vote: Vote:Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: City ClerkMayor, City of Cupertino 2 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING THE ORDEROFBUSINESS FOR ANY REGULAR MEETING OF THE CITY COUNCIL WHEREAS, several times per year, Council is compelled to move items forward to accommodate a largenumber of residents in attendance to speak on an agenda item or move oral communication to the end of ameeting if alarge number of unexpected speakers attend regarding a community issue not on the agenda; and WHEREAS, Ordinance adoption or second readings, is heard at the end of the agenda which necessitatesovertime and additional consultant fees while waiting for an item already discussed and voted by the Council; and WHEREAS, this recommendation will providemore flexibility based on each agenda before the Council; enhance public input on popular agenda items by hearing them early; reduce staff overtime and consultant time; extend courtesy and respect of applicants already scheduled over citizens discussing items not on the agenda; and WHEREAS,the City Council may change the order of business at any individual council meeting by majority vote; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Cupertino hereby establishes changing the order of business for any regular meeting of the City Council as follows: 1.Pledge of allegiance; 2.Roll call; 3.Ceremonial mattersand Presentations; 4.Postponements; 5.Oral communications; 6.Consent calendar; 7.Second reading of Ordinances; 8.Public hearings; 9.Ordinancesand Action Items; 10.Reports by Counciland Staff; 11.Adjournment. AND APPROVES THAT the City Council may change the order of business at any individual council meeting by majority vote. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4thday ofOctober2011by the following vote: VoteMembers of the City Council AYES: NOES:None ABSENT:None ABSTAIN:None ATTEST:APPROVED: Kimberly Smith, City ClerkMayor, City of Cupertino PUBLIC WORKSDEPARTMENT ùóèãôûðð èíêê÷ûæ÷îç÷§ùçì÷êèóîíùû è÷ð÷ìôíî÷ ÅÅÅÙÇÌ×ÊÈÓÎÍÍÊÕ CITY COUNCIL STAFF REPORT Meeting:October 4, 2011 Subject An Ordinance of the City Council of the Cityof Cupertino Amending Section 11.20.020 of the Cupertino Municipal Code Relating to Vehicular Stop Required at Certain Intersections; Apple Tree Lane at Vista Drive. Recommended Action Conduct first reading of Ordinance No. 11- Discussion The intersection of Apple Tree Laneand Vista Driveis a T-intersection and is currently controlledby a YIELD sign on the Apple Tree Lane (minor street) approach(see Attachment B). Section 21803 of the California Vehicle Code (CVC) outlines the right-of-way rules pertaining to intersections controlled by yield signs which, if followed by all motorists, would ensure the safety of all motorists travelling through the intersection. However, because the intersection is across the street from and on a route to Lawson Middle School, there is a largevolume and concentration of vehicles and schoolchildren during school drop-off and pick-up times. A STOP sign would provide more positive control of traffic entering the intersection from Apple Tree Lane, and enhance safety for all users of the intersection, especially pedestrians using the school crosswalk across Apple Tree Lane. The warrants for a minor street stop sign allow for engineering judgment to determine the need for a stop sign at locations where necessary for safe operation. It is staff’s opinion that a stop sign on Apple Tree Lane is therefore appropriate to enhance safety. Authority is granted to local jurisdictions to place stop signs through Section 22450(b) of the CVC, which states, “Notwithstanding any other provision of law, a local authority may adopt rules and regulations by ordinance or resolution providing for the placement of a stop sign at any location on a highway under its jurisdiction where a stop sign would enhance traffic safety.” Fiscal Impact The cost of installing the signs and striping on Apple Tree Laneis incorporated into Public Works’ annual operational budget. There is no additional fiscal impact for this work. _____________________________________ Prepared by:David Stillman, Senior Civil Engineer Reviewed by:Timm Borden, Director of Public Works Approved for Submission by:David W. Knapp, City Manager Attachments:Attachment A-Ordinance Attachment B-Diagram of the intersection Attachment A ORDINANCE NO. 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; APPLE TREE LANEAT THE INTERSECTION OF VISTA DRIVE The City Council of the City of Cupertino does hereby ordain that Section 11.20.020 be amended to includethe following: Section 11.20.020 Vehicular Stop Required at Certain Intersections. Approaching Street At Any Entrance Required to StopThereof With Apple Tree LaneVistaDrive INTRODUCED at a regular meeting of the City Council of the City of Cupertino this ____day of ____________, 2011and ENACTED at a regular meeting of the Cityof Cupertino this ___day of ____________, 2011by the following vote: VoteCouncilMembers AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: _______________________________________ Kimberly Smith, City Clerk Gilbert Wong, Mayor, City of Cupertino ßÌÌßÝØÓÛÒÌ Þ ÔßÉÍÑÒ Ó×ÜÜÔÛ ÍÝØÑÑÔ Î»°´¿½» §·»´¼ ·¹² ©·¬¸ ¬±° ·¹² ßÐÐÔÛ ÌÎÛÛ ÔÒ q DRAFT MINUTES CUPERTINO REDEVELOPMENT AGENCY Regular Meeting Tuesday, August 16, 2011 ROLL CALL At 10:19p.m. Redevelopment Agency ChairGilbert Wongcalled the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: ChairGilbert Wong, Vice-ChairMark Santoro, and Agency MembersBarry Chang, Orrin Mahoney, and Kris Wang. Absent: none. NEW BUSINESS Written communications for this item included an amended draft resolution for this item. 1.Subject:Redevelopment Agency Enforceable Obligations Payment schedule Recommended Action:Adopt Resolution No. 11-04 Acting City Attorney Gary Baum reviewed the staff report and Finance Director David Woo further explained about the payment schedule. Mahoney moved and Wang seconded to adopt Resolution No. 11-04 as amended. The motion carried unanimously. ADJOURNMENT At 10:21p.m., the meeting was adjourned. __________________________________ Grace Schmidt, Deputy Agency Secretary AGENDA JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING Regular Meetings Tuesday, September 20, 2011 CALL TO ORDER At 6:45 p.m. Mayor Gilbert Wong called the joint meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. ROLL CALL Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. Present: ChairmanGilbert Wong, Vice-ChairmanMark Santoro, and Agencymembers Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. 14.Subject:Agency Transfer Payment Agreement Between the Cupertino Redevelopment Agency and the City of Cupertino Recommended Action: A. Redevelopment Agency action: Adopt Resolution No. 11-05, approving the execution of the Agency Transfer Payment Agreement with the City of Cupertino B. City Council action: Adopt Resolution No. 11-164, approving the execution of the Agency Transfer Payment Agreement with the Cupertino Redevelopment Agency Description:The Agreement carries out the remittance payments required under the new opt- in ordinance that allows the Redevelopment Agency to continue its existence. Since the Agreement is between the Agency and the City, the Agency Board and City Council both need to adopt resolutions for the Agreement. InterimCity Attorney Gary Baum highlighted the staff report. He stated that should the city fail to pass the resolution, the city’s General Fund would be required to pay $542,000.00to the State this fiscal year with additional payments in subsequent years. Mahoney moved and Wang seconded to adopt Redevelopment Agency Resolution No. 11-05, approving the execution of the Agency Transfer Payment Agreement with the City of Cupertino. The motion carried unanimously. Mahoney moved and Wang seconded to adopt City Council Resolution No. 11-164, approving the execution of the Agency Transfer Payment Agreement with the Cupertino Redevelopment Agency. The motion carried unanimously. September 20, 2011Cupertino City Council Page 2 ADJOURNMENT of theCity Council and Redevelopment Agency At 7:40 p.m., the meeting was adjourned. ____________________________ Kimberly Smith, City Clerk Staffreports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 andare available at your convenience atwww.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.