Amended agenda.docxAMENDED Oct 3 to add Roll Call, Oral
Communications, and Consent Calendar
to the Redevelopment Agency
CUPERTINO
AGENDA
CUPERTINO CITY COUNCIL — REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY — REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, October 4, 2011
6:30 PM
CITY COUNCIL MEETING
ROLL CALL — 6:30 PM
CLOSED SESSION
Subject Conference with legal counsel - Pending Litigation (Gov't Code 54956.9(a). 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 a matter not listed on the agenda.
Tuesday, October 4, 2011
CONSENT CALENDAR
Cupertino City Council
Cupertino Redevelopment Agency
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 -169 establishing employer paid member
contributions; Adopt Resolution No. 11 -170 to 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, 2011 Cupertino 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, 2011
Cupertino 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 west side 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 Desi ng ation,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, 2011
Cupertino 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 -176 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 -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 the Cupertino
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
ROLL CALL
ORAL COMMUNICATIONS
CONSENT CALENDAR
20. Subject August 16 Redevelopment Agency minutes
Recommended Action Approve minutes
T)rnft Minntee
Page 138
Tuesday, October 4, 2011
21. Subject September 20 Redevelopment Agency minutes
Recommended Action Approve minutes
T)rnft minntee
Page 139
ADJOURNMENT
Cupertino 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.
Tuesday, October 4, 2011 Cupertino City Council
Cupertino Redevelopment Agency