Tuesday:      Planning Commission Meeting        12/08/2009 6:45 PM

Planning Commission Meeting:


Planning Commissioners:
Marty Miller    mmiller@...
Lisa Giefer     lgiefer@...
David Kaneda    dkaneda@...
Paul Brophy     pauldbrophy@...
Winnie Lee      winnieleedds@...


--- Planning Commission Agenda 12/08/2009 ---

City of Cupertino
10350 Torre Avenue, Cupertino, California 95014 (408) 777-3308
AGENDA OF THE MEETING OF THE PLANNING COMMISSION
Planning Commission meeting
Cupertino Community Hall
Tuesday, December 08, 2009, 6:45 p.m.

ORDER OF BUSINESS

SALUTE TO THE FLAG: 6:45 p.m.

ROLL CALL

APPROVAL OF MINUTES
November 24, 2009

WRITTEN COMMUNICATIONS

POSTPONEMENTS/REMOVAL FROM CALENDAR
2. U-2009-07,ASA-2009-07, Term Brozun (D&B Legacy, LLC, LLC) 10216 Pasadena Ave
Applicant has requested a postponement to the January 12, 2010 meeting

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
Commission on any matter not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any
decisions with respect to a matter not on the agenda.

CONSENT CALENDAR

PUBLIC HEARING
1.
Application No.(s) M-2009-08
Applicant:         Kevin Pasquinelli (West Valley Presbyterian Church)
Location:          6191 Bollinger Road
Modification to a previously approved Use Permit (25-U-83) to allow the
operation of a Mandarin Immersion grammar school.

ACTION TO BE TAKEN:
Approve or deny M-2009-08
Planning Commission decision final unless appealed.


2.
Application No.(s) U-2009-07, ASA-2009-07, TM-2009-05
Applicant:         Terry Brown (D&B Legacy, LLC)
Location:          10216 Pasadena Avenue

Use Permit and Architectural & Site approval to construct two, two-story,
single-family    residences with two new detached granny units in a Planned
Development district; Tentative Map to subdivide a .29 acre parcel into two
6,200 square foot parcels.

--- Applicant has requested a postponement to the January 12, 2010 meeting ---

ACTION TO BETAKEN:
Approve or deny U-2009-07
Approve or deny ASA-2009-07
Approve or deny TM-2009-05
Planning Commission decision final unless appealed.

OLD BUSINESS

NEW BUSINESS

REPORT OF THE PLANNING COMMISSION

Environmental Review Committee
Housing Commission
Mayor's Monthly Meeting with Commissioners
Economic Development Committee Meeting

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

ADJOURNMENT

If you challenge the action of the Planning Commission in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this agenda, or in written correspondence delivered to the
City of Cupertino at, or prior to, the public hearing. Please note that Planning
Commission policy is to allow an applicant and groups to speak for 10 minutes
and individuals to speak for 3 minutes.

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.

Materials related to an item on this agenda submitted to the Planning Department
after distribution of the agenda packet are available for public inspection in
the Planning Department located at 10300 Torre Avenue, during normal business
hours.




[Non-text portions of this message have been removed]

Monday:     City Council Closed Session Meeting  11/30/2009 5:00 PM
Monday:     City Council Meeting  11/30/2009 6:45 PM
Tuesday:    City Council Meeting  12/1/2009 6:45 PM

Monday:  City Council meeting @ 6:45 PM

     Item 29: Consider rezoning approximately 7.78 acres from Planned Development
Residential - P(Res), to Planned Development Industrial and Residential - P(MP,
Res), Application No. Z-2009-01 (EA-2009-01), James Fowler on behalf of Apple,
Inc., 19310-19320 Pruneridge Avenue, APNs 316-06-050 and 316-06-051

Tuesday:  City Council meeting @ 6:45 PM

     Item 1. Adopt a resolution receiving the declaration of election results for
the General Municipal Election held on November 3, 2009, Resolution No. 09-195.


City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Gilbert Wong      777-3191 gwong@...
Mark Santoro      777-3193 msantoro@...
Dolly Sandoval    777-3192 dsandoval@...
Kris Wang         777-3194 kwang@...

--- City Council Agenda 11/30/2009 ---

CUPERTINO CITY COUNCIL  ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT ~ AGENCY ~ REGULAR MEETING

10350 Torre Avenue, Community Hall Council Chamber
Monday, November 30, 2009
6:45 p.m.

CITY COUNCIL MEETING

CLOSED SESSION - 5:00 p.m. Community Hall

1. Initiation of litigation pursuant to subdivision (c) of Section 54956.9: four
potential cases. (No documentation in packet).

2. Conference with labor negotiators (Government Code 54957.6). City
representative: City Manager, City Attorney Group. (No documentation in packet).

PLEDGE OF ALLEGIANCE - 6:45 p.m.

ROLL CALL

CEREMONIAL MATTERS -PRESENTATIONS
3. Proclamation acknowledging design and construction awards to the City of
Cupertino for the Mary Avenue Pedestrian Bridge. (No documentation 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.

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.

4. Approve the minutes from the October 20 City Council meeting.

5. Adopt resolutions accepting Accounts Payable for October 16, 23, 30, November
6 and 13, Resolution Nos. 09-172 through 09-176.

6. Adopt resolutions accepting Payroll for October 16, 30, and November 13,
Resolution Nos. 09-177 through 09-179.

7. Accept the Treasurer's Investment report for September 2009.

8. Accept applications for an Alcoholic Beverage License:

     A.    Pebbles Deli Café, 10235 S. De Anza Blvd. - On Sale Beer & Wine -
Eating Place (41)
     B.    Gokaku, 10789 S. Blaney Ave. - On Sale Beer & Wine - Eating Place (41)
     C.    7 Eleven, 21490 McClellan Road - Off Sale Beer & Wine (20)
     D.    Bonjour Crepe Company, 19929 Stevens Creek Blvd. - On Sale Beer & Wine
- Eating Place (41)

9.  Accept the Bicycle Pedestrian Commission (BPC) recommendation to appoint
Commissioner Geoffrey Paulsen to the Santa Clara Valley Transportation Authority
Bicycle Pedestrian Advisory Committee for a 2-year term.

10. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Karen H. Tseng and Joseph R. Katz, 20655 Nancy Court,
APN 359-15-027, Resolution No. 09-180.

11. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Joshua Richardson and Shabnam Richardson, 10650 Santa
Lucia Road, APN 342-16-035, Resolution No. 09-181.

12. Adopt a resolution approving an Improvement Agreement, Joshua Richardson and
Shabnam Richardson, 10650 Santa Lucia Road, APN 342-16-035, Resolution No.
09-182.

13. Adopt a resolution accepting a Grant of Easement for Roadway Purposes,
Joshua Richardson and Shabnam Richardson, 10650 Santa Lucia Road, APN
342-16-035, Resolution No. 09-183.

14. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Marie L. Medeiros, 10610 Johansen Drive, APN
357-36-012, Resolution No. 09-184.

15. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Jok Tong Yiu, 10613 Baxter Avenue, APN 326-11-014,
Resolution No. 09-185.

16. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, 10212 North De Anza, LLC, 10212 North De Anza
Boulevard, APN 316-26-088, Resolution No. 09-186.

17. Adopt a resolution accepting a Grant of Easement for Sidewalk Purposes,
10212 North De Anza, LLC, 10212 North De Anza Boulevard, APN 316-26-088,
Resolution No. 09-187.

18. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Chie Jin Cheng, 10867 East Estates Drive, APN
369-22-022, Resolution No. 09-188.

19. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Gregory S. Young and Anjali S. Tate, 22050 Regnart
Road, APN 366-02-048, Resolution No. 09-189.

20. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Sheshaprasad Krishnapura and Malini Minasandram, 21947
Lindy Lane, APN 356-25-029, Resolution No. 09-190.

21. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Ravi Satrawada and Porkodi Ekambaram, 10561 Castine
Avenue, APN 326-44-034, Resolution No. 09-191.

22. Adopt a resolution approving an Improvement Agreement, Kong-Yeu Han and
Sue-Jane Han, 21881 Dolores Avenue, Parcel 1, Resolution No. 09-192.

23. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, John Zhe Qu and Hong Xiao, 7948 Woodlark Way, APN
362-04-043, Resolution No. 09-193.

24. Award a construction contract for Sterling Barnhart Park, Project No.
2008-9126, to Elite Landscaping Inc, of Clovis California, in the amount of
$364,345 and approve a construction contingency of $55,000 to cover any
unforeseen work required to complete the project, for a total of $419,345.

25. Authorize the City Manager to enter into a contract with Coulomb
Technologies to manage a plug-in electric vehicle charging station in the City
Hall parking lot. Approve a budget transfer of $10,000 from the
Sterling/Barnhart Park capital project account 420-9126-9300 to City Hall
Facilities Maintenance account 110-8501-9100.

26. Approve a fee waiver request from the Cupertino Area Chinese Language
Education Committee of approximately $90.00 in facility use fees for the use of
the Cupertino Room for the Cupertino City Council Candidates Forum on October
22, 2009, from 6:00 p.m. until 9:00 p.m.

ITEMS REMOVED FROM THE CONSENT CALENDAR (above)

PUBLIC HEARINGS

27. Consider approving a 5-Year Solid Waste Services Franchise Agreement with
Los Altos Garbage Company (LAGCo dba Recology, A Norcal Company) for solid waste
collection with additional collection services and expansion of recycling
services, including curbside collection of household hazardous waste for a rate
increase of 50 cents a month ($6.00 per year) for the City of Cupertino
effective November 1, 2010 and upon mutual agreement after November 1, 2014 an
option for an additional five years beginning November 1, 2015 and authorize the
City Manager to negotiate and bring a final agreement with LAGCo back to City
Council for approval by spring of 2010.

28. Consider rezoning a property from Single Family Residential (R1-7.5) to Park
& Recreation (PR) for a proposed neighborhood park, Application No. Z-2009-03
(EA-2009-08), City of Cupertino, East side of Sterling Blvd. at the easterly
terminus of Barnhart Avenue, APNs 375-23-046 and 375-23-047:
     A.    Approve a Negative Declaration
     B.    First reading of Ordinance No. 09-2051: "An Ordinance of the Cupertino
City Council rezoning two parcels of 0.6 gross acre located at the Easterly side
of  Sterling Blvd. at the Easterly terminus of Barnhart Avenue from R1-7.5
(Single-Family Residential) to PR (Park & Recreation)"

29. Consider rezoning approximately 7.78 acres from Planned Development
Residential - P(Res), to Planned Development Industrial and Residential - P(MP,
Res), Application No. Z-2009-01 (EA-2009-01), James Fowler on behalf of Apple,
Inc., 19310-19320 Pruneridge Avenue, APNs 316-06-050 and 316-06-051:
     A.    Approve a Mitigated Negative Declaration
     B.    First reading of Ordinance No. 09-2052: "An Ordinance of the Cupertino
City Council recommending the rezoning of 7.78 acres from P(Res), Planned
Residential, to P(MP, Res), Planned Industrial and Residential"

30. Adopt a resolution authorizing the City of Cupertino to join the
CaliforniaFIRST program, financing of clean energy, authorizing the California
Statewide Communities Development Authority to accept applications from property
owners, conduct contractual assessment proceedings and levy contractual
assessments within the territory of the City of Cupertino.  (Staff requests this
item be continued to December 15 or until supporting documents have been
received from the CaliforniaFIRST program managers).

UNFINISHED BUSINESS

NEW BUSINESS

31. Accept the City of Cupertino Detailed Energy Audit from Siemens and consider
authorizing the City Manager to solicit requests for proposals for an energy
savings performance contract.

32. Consider forming a task force to study safe routes to Monta Vista High
School, Kennedy Middle School, and Lincoln Elementary School, including access
via Scenic Circle.

33. Consider adopting a resolution establishing a separate City Attorney
bargaining group including all attorney positions in the City Attorney\u2019s
Office, Resolution No. 09-194.

ORDINANCES

34. Conduct the second reading of Ordinance No. 09-2050: "An ordinance of the
Cupertino City Council amending Title 17, Sign Ordinance, of the Cupertino
Municipal Code."

STAFF REPORTS

COUNCIL REPORTS

ADJOURNMENT

REDEVELOPMENT AGENCY MEETING

Canceled for lack of business.

ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure
X1094.6; 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 quasijudicial actions, musst
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 X2.08.096.

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 4'08-777-3223 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 hour:. and in Council packet archives linked from the agenda/minutes
page on the Cupertino web site.


--- City Council Agenda 12/1/2009 ---


CUPERTINO CITY COUNCIL  ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT ~ AGENCY ~ REGULAR MEETING

10350 Torre Avenue, Community Hall Council Chamber
December 1, 2009, 6:45 pm

ROLL CALL

1. Adopt a resolution receiving the declaration of election results for the
General Municipal Election held on November 3, 2009, Resolution No. 09-195.

2. Members of the audience are invited to say farewell to Council member Dolly
Sandoval. Please keep comments very brief.

3. Oath of Office is given to the newly-elected Council members.

4. Election of Mayor and Vice-Mayor.

5. Oath of Office is given to the newly-elected Mayor and Vice-Mayor.

6. Comments by Council members and new Mayor

7. Members of the audience are invited to speak.  Please keep comments very
brief.

ADJOURNMENT

8. The public is invited to attend the reception in the lobby.




[Non-text portions of this message have been removed]

Tuesday:      Planning Commission Meeting        11/24/2009 6:45 PM

Planning Commission Meeting:

     Item 4: Housing element update - THIS ITEM HAS BEEN POSTPONED


Planning Commissioners:
Marty Miller    mmiller@...
Lisa Giefer     lgiefer@...
David Kaneda    dkaneda@...
Paul Brophy     pauldbrophy@...
Winnie Lee      winnieleedds@...


--- Planning Commission Agenda 09/24/2009 ---

City of Cupertino
10350 Torre Avenue, Cupertino, California 95014 (408) 777-3308
AGENDA OF THE MEETING OF THE PLANNING COMMISSION
Planning Commission meeting
Cupertino Community Hall
Tuesday, November 24, 2009, 6:45 p.m.

ORDER OF BUSINESS

SALUTE TO THE FLAG: 6:45 p.m.

ROLL CALL

APPROVAL OF MINUTES
October 13, 2009
October 27, 2009
November 5, 2009

WRITTEN COMMUNICATIONS

POSTPONEMENTS/REMOVAL FROM CALENDAR
2. U-2009-06, Cindli ChenQ (Cupertino Investment Partners, LLC) 19875 Stevens
Creek Blvd applicant has withdrawn the application

4. GPA-2008-01 (EA-2009-05), City of Cupertino; Housing Element Update, citywide
Postponed with no new hearing date

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
Commission on any matter not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any
decisions with respect to a matter not on the agenda.

CONSENT CALENDAR
1. Recommendation on the Green Building Ordinance scope and process

PUBLIC HEARING

2. Application No.(s) U-2009-06
Applicant:     Cindy Cheng (Cupertino Investment Partners, LLC)
Location:     19875 Stevens Creek Boulevard

Use Permit to allow an 8,400 square foot daycare facility to operate at an
existing commercial building. The application also includes a new outdoor play
area in the existing rear parking lot.

THE APPLICANT HAS WITHDRAWN THE APPLICATION

3. Application No. (s) TM-2009-04

Applicant:     Terry Brown (Marci Properties)
Location:     10056 & 10058 Orange Avenue

Tentative Map to subdivide one parcel into three* commercial condominium units,
one residential condominium unit, and one common area lot.

The application has been revised to subdivide one parcel into two commercial
condominium units instead of three

Planning Commission decision final unless appealed.


4. Application No.(s) GPA-2008-01 (EA-2009-05)
Applicant:     City of Cupertino
Location:     Citywide
General Plan Amendment for 2007-2014 Housing Element update.

POSTPONED WITH NO NEW HEARING DATES

OLD BUSINESS

NEW BUSINESS
REPORT OF THE PLANNING COMMISSION
Environmental Review Committee
Housing Commission
Mayor's Monthly Meeting with Commissioners
Economic Development Committee Meeting

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

ADJOURNMENT

If you challenge the action of the Planning Commission in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this agenda, or in written correspondence delivered to the
City of Cupertino at, or prior to, the public hearing. Please note that Planning
Commission policy is to allow an applicant and groups to speak for 10 minutes
and individuals to speak for 3 minutes.

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.

Materials related to an item on this agenda submitted to the Planning Department
after distribution of the agenda packet are available for public inspection in
the Planning Department located at 10300 Torre Avenue, during normal business
hours.




[Non-text portions of this message have been removed]

Tuesday:    City Council Closed Session Meeting  10/06/2009 6:00 PM
Tuesday:    City Council Meeting  10/06/2009 6:45 PM

Tuesday:  City Council meeting @ 6:45 PM


City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Gilbert Wong      777-3191 gwong@...
Mark Santoro      777-3193 msantoro@...
Dolly Sandoval    777-3192 dsandoval@...
Kris Wang         777-3194 kwang@...

--- City Council Agenda 10/06/2009 ---

CUPERTINO CITY COUNCIL  ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT ~ AGENCY ~ REGULAR MEETING

10350 Torre Avenue, Community Hall Council Chamber
Tuesday, October 6, 2009
6:00 p.m.

CITY COUNCIL MEETING

CLOSED SESSION - 6:00 p.m. Community Hall
Public Employee Appointment of the City Attorney (Government Code 54957). No
documentation in packet.

PLEDGE OF ALLEGIANCE - 6:45 p.m.

ROLL CALL

CEREMONIAL MATTERS -PRESENTATIONS
2. Proclamation in recognition and support of California Arts Day, October 9,
2009. (No documentation 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.

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. Approve the minutes from the September 15 City Council meeting.

4. Adopt resolutions accepting Accounts Payable for September 11, 18, and 25,
Resolution Nos. 09-152 through 09-154.

5. Adopt a resolution accepting Payroll for September 18, Resolution No. 09-155.

6. Accept the Treasurer's Investment report for August 2009.

7. Authorize the City Manager to sign the agreement with Valley Church for
donation of the mobile skate park eduipment.

8. Adopt a resolution accepting a Quitclaim :Deed and Authorization for
Underground Water Rights, Yu Zheng and Mei Yan 10530 Mira Vista Avenue, APN
357-04-027, Resolution No. 09-156. 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.

9. Adopt a resolution approving an im rovement agreement, Brett G. Alten and
Tomoko Matsumoto, 22661 San Juan Road, APN 342-17-109, Resolution No. 09-157.
Through the improvement agreement with the City, the applicants for a building
permit for a single-family development will be obligated to bond and construct
city-specified roadside improvements along the street frontage of their building
site.

10. Accept a city project performed under contract: 2009 Pavement Restoration,
Project No. 2009-03. The City's contractor G. Bortolloto & Company, Inc.
completed work on the 2009 Pavement Restoration Project. The project involved
pavement patching on various city streets.

11. Adopt a resolution accepting a Grant of >=;asement for Open Space Purposes,
Chuan-Min Chang and Chiu-Chuan H. Wang, 10220 Sterling Boulevard, APN
375-24-026. Resolution No. 09-158. The property owners of this residential
development agree to grant to the City an easement for Open Space purposes,
together with the right to construct, install, and maintain a future public
creek trail, over a portion of the property.

12. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Yifong Shih and Wan-Yen H:~u, 10650 Madrid Court, APN
356-08-049, Resolution No. 09-159. 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.

13. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Apple Inc., 10431 North De Anza Boulevard, APN
326-33-114, Resolution No. 09-160. The property owner of this commercial
development agrees to grant to the City the right to extract water from the
basin under the overlying property.

14. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Marci
Properties, LLC, A Delaware Limited Liability Company, 10056 Orange Ave, APN
357-17-058, Resolution No. 09-161. The property owners of this residential
development agree to grant to the City an easement for public roadway purposes,
to=;ether with the right to construct, operate, repair and maintain public
utilities and improvements, over a portion of the property.

15. Approval of expenditure from the Mayor's Discretionary Fund for travel to
Korea by Vice-Mayor Wang for the Asian Pacific Cities Summit in the amount of
$1,201.68.

16. Approve an application for an Alcoholic Beverage License for Aqui Cal Mex
(formerly    Harvest), 10630 S. De Anza Blvd., On-Sale General for Bona Fide
Public Eating Place (47).

17. Approve an application for an Alcoholic Beverage License for C&C Breeze Cafe
(formerly Fortune Garden), 21670 Stevens Creek Blvd., On-Sale Beery & Wine
-Eating Place (41).

ITEMS REMOVED FROM THE CONSENT CALENDAR (above)

PUBLIC HEARINGS

18. Consider a modification to an existin~;e Permit (U-2004-01) to amend the
conditions    to allow commercial/office uses where only retail had been
allowed, Application No. M-2009-07, Catherine Chen (Cupertino Adobe, LLC), 20130
& 20132 Stevens Creek Boulevard, APN 369-03-001.

19. Conduct a public hearing and the second reading of Ordinance No. 09-2048:
"An Ordinance of the City Council of the City of Cupertino adding Chapter 1.10
to the Cupertino Municipal Code pertaining to administrative citations, fines,
and Penalties."

UNFINISHED BUSINESS

20. Adopt a resolution approving asemi-rur~il designation to eliminate the
requirement for sidewalks on Santa Lucia Road pursuant to Ordinance No. 1925,
Resolution No. 09-145. (Continued from Sept. 15).

NEW BUSINESS

21. Conduct the first reading of Ordinance No. 09-2049: "An Ordinance of the
City Council of the City of Cupertino Amending Cupertino Municipal Code Section
14.04.040, Street Improvements: Requirements -General, to include language
regarding rural and semi-rural designation for properties with frontage along
more than one street".

22. Receive the annual commissions and committees scheduled vacancy report with
terms expiring January 30, 2010, and select an application deadline date and
interview dates.

ORDINANCES

STAFF REPORTS

COUNCIL REPORTS

ADJOURNMENT

REDEVELOPMENT AGENCY MEETING

Canceled for lack of business.

ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure
X1094.6; 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 quasijudicial actions, musst
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 X2.08.096.

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 4'08-777-3223 at least 48 hours in advance of the meeting.

Any writings or documents provided to a majority o f 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 hour:. and in Council packet archives linked from the agenda/minutes
page on the Cupertino web site.




[Non-text portions of this message have been removed]

Tuesday:      Planning Commission Meeting        09/22/2009 6:45 PM

Planning Commission Meeting:

     Item 2: Sign Ordinance


Planning Commissioners:
Marty Miller    mmiller@...
Lisa Giefer     lgiefer@...
David Kaneda    dkaneda@...
Paul Brophy     pauldbrophy@...
Winnie Lee      winnieleedds@...


--- Planning Commission Agenda 09/22/2009 ---

City of Cupertino
10350 Torre Avenue, Cupertino, California 95014 (408) 777-3308
AGENDA OF THE MEETING OF THE PLANNING COMMISSION
Planning Commission meeting
Cupertino Community Hall
Tuesday, September 22, 2009, 6:45 p.m.

ORDER OF BUSINESS

SALUTE TO THE FLAG: 6:45 p.m.

ROLL CALL

APPROVAL OF MINUTES
None

WRITTEN COMMUNICATIONS

POSTPONEMENTS/REMOVAL FROM CALENDAR

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
Commission on any matter not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any
decisions with respect to a matter not on the agenda.

CONSENT CALENDAR

PUBLIC HEARING

1. Application No.(s) U-2009-04
Applicant:           David O'Mara (Byer Properties)
Location:           10630 South De Anza Boulevard

Use Permit to allow a full bar to operate inside an existing restaurant.
Planning Commission decision final unless appealed

ACTION TO BE TAKEN: Approve or deny U-2009-04

2. Application No. (s)     MCA-2009-01
Applicant:         City of Cupertino
Location:         Citywide

Municipal Code Amendment for a comprehensive sign ordinance update. Tentative
City Council date: October 20, 2009

ACTION TO BE TAKEN:
Approve or deny MCA-2009-01


OLD BUSINESS

NEW BUSINESS
REPORT OF THE PLANNING COMMISSION
Environmental Review Committee
Housing Commission
Mayor's Monthly Meeting with Commissioners
Economic Development Committee Meeting

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

ADJOURNMENT

If you challenge the action of the Planning Commission in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this agenda, or in written correspondence delivered to the
City of Cupertino at, or prior to, the public hearing. Please note that Planning
Commission policy is to allow an applicant and groups to speak for 10 minutes
and individuals to speak for 3 minutes.

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.

Materials related to an item on this agenda submitted to the Planning Department
after distribution of the agenda packet are available for public inspection in
the Planning Department located at 10300 Torre Avenue, during normal business
hours.




[Non-text portions of this message have been removed]

Tuesday:  City Council Meeting  09/15/2009 6:45 PM

Tuesday:  City Council meeting @ 6:45 PM


City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Gilbert Wong      777-3191 gwong@...
Mark Santoro      777-3193 msantoro@...
Dolly Sandoval    777-3192 dsandoval@...
Kris Wang         777-3194 kwang@...

--- City Council Agenda 09/15/2009 ---

CUPERTINO CITY COUNCIL  ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT ~ AGENCY ~ REGULAR MEETING

10350 Torre Avenue, Community Hall Council Chamber
Tuesday, September 15, 2009
6:45 p.m.

CLOSED SESSION

CITY COUNCIL MEETING

PLEDGE OF ALLEGIANCE

ROLL CALL

CEREMONIAL MATTERS -PRESENTATIONS
1. Presentation from Polly Bove, Superintendent of the Fremont Union High School
District regarding an update on the District. (No documentation 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.

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. Approve the minutes from the September l City Council meeting.

3. Adopt resolutions accepting Accounts payable for August 21, 28, and September
4, Resolution Nos. 09-141 through 09-143.

4. Adopt a resolution accepting Payroll for September 4, Resolution No. 09-144.

5. Accept a city project performed under contract for the Mary Avenue Bridge
Project, Project No. 2005-9449. (No documentation in packet). The City's
contractor Golden State Bridle has completed work on the Mary Avenue Bridge
Project. The work included the design and construction of the bridge.

6. Adopt a resolution approving a semi-rural designation to eliminate the
requirement for sidewalks on Santa Lucia Road pursuant to Ordinance No. 1925,
Resolution No. 09-145.

7. Adopt a resolution accepting a Quit claim Deed and Authorization for
Underground Water Rights, Mandeep Singh, 21075 Gardena Drive, APN 326-08-077,
Resolution No. 09-146. The property owner of this residential development agrees
to grant to the City the right to extract water from the basin under the
overlying property.

8. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Bleskom LLC, 10215 and 10185 Empire Avenue, APN
326-22-041 and APN 326-22-042, Resolution No. 09-147. The property owners of
these residential developments agree to grant to the City the right to extract
water from the basin under the overlying property.

9. Adopt a resolution accepting a 4uitclaim Deed and Authorization for
Underground Water Rights, Brett G. Alten and Tomoko Mat:~umoto, 22661 San Juan
Road, APN 342-17-    109, Resolution No. 09-148. 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.

10. Adopt a resolution accepting a Grant of easement for Roadway Purposes, Brett
G. Alten and Tomoko Matsumoto, 22661 San Juan Road, APN 342-17-109, Resolution
No. 09-149. 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 public utilities and improvements, over
a portion of the property.

11. Adopt a resolution authorizing the execution of a maintenance agreement,
Brett G. Alten and Tomoko Matsumoto, 22661 San Juan Road, APN 342-17-109,
Resolution No. 09-150. Through an agreement with the City, the property owners
of this single family residential development will be required to maintain all
non-standard items within the City's right of way.

12. Award a construction contract for the 2009 Tennis Court Re-Surfacing
Proiect, Project No. 2009-07, to Saviano Company, Inc., in the amount of
$115,000, and approve a construction contingency of $25,000 to cover any
unforeseen work required to complete    the project, for a total of $140,000.

ITEMS REMOVED FROM THE CONSENT CALENDAR (above)

PUBLIC HEARINGS


UNFINISHED BUSINESS

NEW BUSINESS

13. Adopt a resolution supporting the Bay Area Climate Compact and authorize the
mayor to sign the charter endorsing 10 climate actions adopted by Bay Area
cities, Resolution No. 09-151.

14. Designate a voting delegate and alternate for the National League of Cities
Annual Business Meeting to be held on Nov. 14 in San Antonio, Texas.

ORDINANCES

STAFF REPORTS

COUNCIL REPORTS

ADJOURNMENT

REDEVELOPMENT AGENCY MEETING

Cancelled for lack of business.

ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure
X1094.6; 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 X2.08.096.

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 4'08-777-3223 at least 48 hours in advance of the meeting.

Any writings or documents provided to a majority o f 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 hour:. and in Council packet archives linked from the agenda/minutes
page on the Cupertino web site.





[Non-text portions of this message have been removed]

Tuesday:      Planning Commission Meeting        09/08/2009 6:45 PM

Planning Commission Meeting:

     Item 1: Modification to an existing Use Permit (U-2004-01) to amend the
conditions to allow commercial/office uses where only retail had been allowed.

Planning Commissioners:
Marty Miller    mmiller@...
Lisa Giefer     lgiefer@...
David Kaneda    dkaneda@...
Paul Brophy     pauldbrophy@...
Winnie Lee      winnieleedds@...


--- Planning Commission Agenda 09/08/2009 ---

City of Cupertino
10350 Torre Avenue, Cupertino, California 95014 (408) 777-3308
AGENDA OF THE MEETING OF THE PLANNING COMMISSION
Planning Commission meeting
Cupertino Community Hall
Tuesday, September 8, 2009, 6:45 p.m.

ORDER OF BUSINESS

SALUTE TO THE FLAG: 6:45 p.m.

ROLL CALL

APPROVAL OF MINUTES
None

WRITTEN COMMUNICATIONS=====
Donations to Concerned Citizens of Cupertino are now being accepted.


You may donate via paypal at www.cupertino.cc
or
By sending a check.


Make checks payable to: Concerned Citizens Of Cupertino


Mail your contribution to:
Concerned Citizens Of Cupertino
P.O. Box 1466
Cupertino, CA 95015


Concerned Citizens Of Cupertino
ID # 1264630
P.O. Box 1466, Cupertino, CA 95015
website: http://www.cupertino.cc
e-mail: CCCupertino-owner@yahoogroups.com


POSTPONEMENTS/REMOVAL FROM CALENDAR

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
Commission on any matter not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any
decisions with respect to a matter not on the agenda.

CONSENT CALENDAR

PUBLIC HEARING

Application No.(s) M-2009-07
Applicant:     Catherine Chen (Cupertino Adobe, LLC)
Location:     20130 & 20132 Stevens Creek Boulevard
Modification to an existing Use Permit (U-2004-01) to amend the conditions to
allow commercial/office uses where only retail had been allowed. Tentative City
Council date: October 6, 2009
ACTION TO BE TAKEN:
Approve or deny M-2009-07

2. Application No. (s) DIR-2009-20, EXC-2009-07
Applicant:     Gordon Bell (Cupertino Loc-n-Stor, Inc)
Location:     10655 Mary Avenue
Director's Minor Modification to allow the installation of a personal wireless
communications facility consisting of three panel antennas and three microwave
dishes to be affixed to a    proposed extension of an existing PG&E lattice
tower and a base equipment cabinet. Height Exception to allow three panel
antennas to be mounted at a height of 149 feet and three microwave dishes
mounted at a height of 148 feet where 55 feet is the maximum height allowed.
Planning Commission decision final unless appealed.
ACTION TO BE TAKEN:
Approve or deny DIR-2009-20
Approve or deny EXC-2009-07

3. Application No.(s) DIR-2009-21, EXC-2009-08
Applicant:     Gordon Bell (PG&E)
Location:     PG&E Substation at terminus of California Oak Way
Director's Minor Modification to allow the installation of a personal wireless
communications facility consisting of three panel antennas and three microwave
dishes mounted on an extension to an existing PG&E lattice tower. Project also
includes an equipment cabinet located at ground level underneath the lattice
tower to house base equipment. Height Exception to allow three panel antennas to
be mounted at a height of about 158 feet and three microwave dishes mounted at a
height of about 157 feet on a PG&E lattice tower extension where 55 feet is the
maximum height allowed.
Planning Commission decision final unless appealed.
ACTION TO BE TAKEN:
Approve or deny DIR-2009-21
Approve or deny EXC-2009-08

OLD BUSINESS

NEW BUSINESS
REPORT OF THE PLANNING COMMISSION
Environmental Review Committee
Housing Commission
Mayor's Monthly Meeting with Commissioners
Economic Development Committee Meeting

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

ADJOURNMENT

If you challenge the action of the Planning Commission in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this agenda, or in written correspondence delivered to the
City of Cupertino at, or prior to, the public hearing. Please note that Planning
Commission policy is to allow an applicant and groups to speak for 10 minutes
and individuals to speak for 3 minutes.

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.

Materials related to an item on this agenda submitted to the Planning Department
after distribution of the agenda packet are available for public inspection in
the Planning Department located at 10300 Torre Avenue, during normal business
hours.




[Non-text portions of this message have been removed]

Tuesday:    City Council Closed Session Meeting  09/01/2009 6:00 PM
Tuesday:    City Council Meeting  09/01/2009 6:45 PM


Tuesday:  City Council meeting @ 6:45 PM


City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Gilbert Wong      777-3191 gwong@...
Mark Santoro      777-3193 msantoro@...
Dolly Sandoval    777-3192 dsandoval@...
Kris Wang         777-3194 kwang@...


--- City Council Agenda 09/01/2009 ---

CUPERTINO CITY COUNCIL  ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT ~ AGENCY ~ REGULAR MEETING

10350 Torre Avenue, Community Hall Council Chamber
Tuesday, September 1, 2009
6:45 p.m.

CLOSED SESSION - 6:00 p.m. Community Hall.
1. Public Employee Appointment of the City Attorney (Government Code 54957). No
documentation in packet.

CITY COUNCIL MEETING

PLEDGE OF ALLEGIANCE

ROLL CALL

CEREMONIAL MATTERS -PRESENTATIONS
2. Proclamation to the Cupertino Library in recognition of outstanding service
to patrons in the last fiscal year. (No documentation 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.

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.

4. Adopt resolutions accepting Accounts Payable for July 31, August 7, and
August 14,Resolution Nos. 09-131 through 09-133.

5. Adopt resolutions accepting Payroll for August 7 and 21, Resolution Nos.
09-134 and 09-135.

6. Accept the Treasurer's Investment report for July 2009.

7. Approve the Parks and Recreation Commission recommendations for FY 2009-2010
Work Plan.

8. Receive the Annual Report from July 1, 2008 to June 30, 2009.

9. Approve a fee waiver request from the League of Women Voters of
Cupertino-Sunnyvale of approximately $300.00 in facility use fees for the use of
Cupertino Community Hall for the Cupertino City Council candidates on September
21, 2009, from 6:30 p.m. until 9:30 p.m.

10. Accept municipal improvements, Bleskom LLC, 10185, 10215, and 10227 Empire
Avenue, APNs 326-22-040, 326-22-041, acid 326-22-042. The applicant has
completed City-specified improvements in the City right-of--way including
sidewalk, curb & gutter, street tree, and driveway approach as required by the
improvement agreement with the City. These parcels were formerly on APNs
326-22-002 and 326-22-029.

11. Accept municipal improvements, Sin Choi Yong and Yu Ping Lin, 10585 San
Leandro Avenue, APN 357-OS-076. The applicants have completed City-specified
improvements in the City right-of-way including sidewalk, curb & gutter, and
driveway approach as required by the improvement agreement with the City.

12. Adopt a resolution vacating a remaining_p,arcel dedicated by subdivision
9875, Crescent Manor (Kelly Gordon, 10114 Crescent Court, Resolution No. 09-136.

13. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Steve Chih-Heng Chen and Hsiu-N[ei Chang Chen, 10568
McClellan Place, APN 359-20-039, Resolution No. 09-137. 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.

14. Adopt a resolution approving a final map, Cupertino Property Development I,
LLC, 10090 Wolfe Road, APN 316-20-037 & 316-20-038, Resolution No. 09-138.
Approval of the final map permits the male to be forwarded to the County for
recording, which completes the subdivision.

15. Adopt a resolution accepting a Quitclaim 1:-eed and Authorization for
Underground Water Rights, Joseph T.H. Chen and Celia H.F. Chen, 20100 Stevens
Creek Boulevard, APN 369-03-002, Resolution No. 09-139.    The property owners
of this commercial d~:velopment agree to grant to the City the right to extract
water from the basin under the overlying property.

16. Review bids and award the contract for the Homestead Road Pavement
Rehabilitation, Project No. 2009-05, to O'Grad~ing, in the amount of
$606,609.10, and approve a construction contingency of $100,000.00 to cover any
unforeseen work required to    complete the project, for a total of
$706,60!x.10.

ITEMS REMOVED FROM THE CONSENT CALENDAR (above)

PUBLIC HEARINGS

17. Consider a modification to a Use Permit (U-2003-04) to remove the Public
Pedestrian    Easement at the Metropolitan at Cupertino condominium complex,
Application No. M- 2009-06, Elaine Chong (Metropolitan at Cupertino, HOA),
19501, 19503, 19505 and 19507 Stevens Creek Blvd., APN 316-49-999.

UNFINISHED BUSINESS

NEW BUSINESS

18. Conduct the first reading of Ordinance No. 09-2048: "An Ordinance of the
City Council of the City of Cupertino adding Chapter 1. ~l 0 to the Cupertino
Municipal Code pertaining to administrative citations, fines, and penalties."

19. Consider the Petition for Reconsideration of the July 21, 2009 City Council
decision on item 15, to establish a trial period for a spe~~ific time for
unfenced off-leash areas for dogs in Memorial Park, Jollyman Park, Linda 'Jista
Park, and Library Field, if over 50% of households within 1500 feet and over 50%
of the park users surveyed over a 30-day period approve. At the conclusion of
the nearing on the Petition for Reconsideration, the Council may:
     A. Adopt a resolution denying the Petition for Reconsideration thereby
affirming the original decision, or
     B. Reverse or modify the original July 21, 2009 City Council decision on
item 15

20. Consider possible changes to the County's abatement deadline for the 2010
weed abatement program.

21. Consider cancelling the meeting of Sept. 15. (No documentation in packet).


ORDINANCES

STAFF REPORTS

COUNCIL REPORTS

ADJOURNMENT

REDEVELOPMENT AGENCY MEETING

Canceled for lack of business.

ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure
X1094.6; 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 quasijudicial actions, musst
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 X2.08.096.

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 4'08-777-3223 at least 48 hours in advance of the meeting.

Any writings or documents provided to a majority o f 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 hour:. and in Council packet archives linked from the agenda/minutes
page on the Cupertino web site.




[Non-text portions of this message have been removed]

Tuesday:      Planning Commission Meeting        08/25/2009 6:45 PM

Planning Commission Meeting:


Planning Commissioners:
Marty Miller    mmiller@...
Lisa Giefer     lgiefer@...
David Kaneda    dkaneda@...
Paul Brophy     pauldbrophy@...
Winnie Lee      winnieleedds@...


--- Planning Commission Agenda 08/25/2009 ---

City of Cupertino
10350 Torre Avenue, Cupertino, California 95014 (408) 777-3308
AGENDA OF THE MEETING OF THE PLANNING COMMISSION
Planning Commission meeting
Cupertino Community Hall
Tuesday, August 25, 2009, 6:45 p.m.

ORDER OF BUSINESS

SALUTE TO THE FLAG: 6:45 p.m.

ROLL CALL

APPROVAL OF MINUTES
August 11, 2009

WRITTEN COMMUNICATIONS

POSTPONEMENTS/REMOVAL FROM CALENDAR

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
Commission on any matter not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any
decisions with respect to a matter not on the agenda.

CONSENT CALENDAR
1.
Application No.(s) EXT-2009-01, EXT-2009-02
Applicant:         Sing-Chung Sam & Diana Hu
Location:          10217 Pasadena Avenue
Extension request for a one year extension for the Use Permit (U-2007-05) to
construct two single family residences, 2,838 square feet each, in a planned
development zoning district to August 14, 2010;  Extension request for a one
year extension for the Architectural & Site Approval (ASA-2007-09) for two
single family residences, 2,838 square feet each, in a planned development
zoning district to August 14, 2010. Planning Commission decision final unless
appealed.
ACTION TO BE TAKEN:
Approve or deny EXT-2009-01
Approve or deny EXT-2009-02

PUBLIC HEARING

OLD BUSINESS
2. Application No.(s) U-2008-03, EXC-2009-05
Applicant:      Phillip Thomas (At&T/ECI Two Results Way, LLC))
Location:       near 5 Results Way City of Cupertino

Use Permit to allow a personal wireless service facility consisting of a 74 foot
tall tree pole with six panel antennas and an equipment enclosure with the
associated equipment in the westerly landscape strip in the rear parking lot of
an existing office park; Height Exception to allow antennas to be mounted at a
height of 67.1 feet, where 55 feet is allowed.
Continued from the August 11, 2009 meeting

ACTION TO BETAKEN:
Approve or deny U-2008-03
Approve or deny EXC-2009-05

NEW BUSINESS
3. Presentation of a status report on environmental affairs and an update of the
Phase II recommendation from the Santa Clara County Association, Green Building
Collaborative (no documentation in packet).

REPORT OF THE PLANNING COMMISSION

Environmental Review Committee
Housing Commission
Mayor's Monthly Meeting with Commissioners
Economic Development Committee Meeting

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

ADJOURNMENT

If you challenge the action of the Planning Commission in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this agenda, or in written correspondence delivered to the
City of Cupertino at, or prior to, the public hearing. Please note that Planning
Commission policy is to allow an applicant and groups to speak for 10 minutes
and individuals to speak for 3 minutes.

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.

Materials related to an item on this agenda submitted to the Planning Department
after distribution of the agenda packet are available for public inspection in
the Planning Department located at 10300 Torre Avenue, during normal business
hours.

__________________________________________________
Do You Yahoo!?
Tired of spam?  Yahoo! Mail has the best spam protection around
http://mail.yahoo.com

[Non-text portions of this message have been removed]

Tuesday:      Planning Commission Meeting        08/11/2009 6:45 PM

Planning Commission Meeting:


Planning Commissioners:
Marty Miller    mmiller@...
Lisa Giefer     lgiefer@...
David Kaneda    dkaneda@...
Paul Brophy     pauldbrophy@...
Winnie Lee      winnieleedds@...


--- Planning Commission Agenda 08/11/2009 ---

City of Cupertino
10350 Torre Avenue, Cupertino, California 95014 (408) 777-3308
AGENDA OF THE MEETING OF THE PLANNING COMMISSION
Planning Commission meeting
Cupertino Community Hall
Tuesday, August 11, 2009, 6:45 p.m.

ORDER OF BUSINESS

SALUTE TO THE FLAG: 6:45 p.m.

ROLL CALL

APPROVAL OF MINUTES
July 28, 2009

WRITTEN COMMUNICATIONS

POSTPONEMENTS/REMOVAL FROM CALENDAR

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
Commission on any matter not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any
decisions with respect to a matter not on the agenda.

CONSENT CALENDAR
At the meeting of July 28, 2009, the Planning Commission inadvertently approved
Resolution #6561. The appellant had already agreed to withdraw their appeal of
the approval decision for application DIR-2009-04. No action from the Planning
Commission was necessary after the withdrawal and so the matter will not be
appealed to the City Council.

PUBLIC HEARING
Application No.(s) M-2009-06
Applicant:      Elaine Chong (Metropolitan at Cupertino HOA)
Location:       19501,19503,19505 and 19507 Stevens Creek Blvd.
Modification to a Use Permit (U-2003-04) to remove two Public Pedestrian
Easements at the Metropolitan at Cupertino condominium complex Tentative City
Council date, September 1, 2009
ACTION TO BE TAKEN:
Approve or deny M-2009-06

2. Application No.(s) U-2008-03, EXC-2009-05
Applicant:      Phillip Thomas (At&T/ECI Two Results Way, LLC))
Location:       near 5 Results Way City of Cupertino

Use Permit to allow a personal wireless service facility consisting of a 74 foot
tall tree pole with six panel antennas and an equipment enclosure with the
associated equipment in the westerly landscape strip in the rear parking lot of
an existing office park; Height Exception to allow antennas to be mounted at a
height of 67.1 feet, where 55 feet is allowed. Planning Commission decision
final unless appealed.

ACTION TO BETAKEN:
Approve or deny U-2008-03
Approve or deny EXC-2009-05

OLD BUSINESS

NEW BUSINESS

REPORT OF THE PLANNING COMMISSION

Environmental Review Committee
Housing Commission
Mayor's Monthly Meeting with Commissioners
Economic Development Committee Meeting

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

ADJOURNMENT

If you challenge the action of the Planning Commission in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this agenda, or in written correspondence delivered to the
City of Cupertino at, or prior to, the public hearing. Please note that Planning
Commission policy is to allow an applicant and groups to speak for 10 minutes
and individuals to speak for 3 minutes.

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.

Materials related to an item on this agenda submitted to the Planning Department
after distribution of the agenda packet are available for public inspection in
the Planning Department located at 10300 Torre Avenue, during normal business
hours.




[Non-text portions of this message have been removed]

Tuesday:    City Council Meeting  08/04/2009 6:45 PM
Tuesday:    City Council Closed Session Meeting  08/04/2009 After regular
session


Tuesday:  City Council meeting @ 6:45 PM

     16. Review the argument in favor and the rebuttal argument, if necessary,
for the November 3, 2009 election regarding the utility user tax amendment.
Authorize signers for each document


City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Gilbert Wong      777-3191 gwong@...
Mark Santoro      777-3193 msantoro@...
Dolly Sandoval    777-3192 dsandoval@...
Kris Wang         777-3194 kwang@...


--- City Council Agenda 08/04/2009 ---

CUPERTINO CITY COUNCIL  ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT ~ AGENCY ~ REGULAR MEETING

10350 Torre Avenue, Community Hall Council Chamber
Tuesday, August 4, 2009
6:45 p.m.

CITY COUNCIL MEETING

PLEDGE OF ALLEGIANCE

ROLL CALL

CEREMONIAL MATTERS - PRESENTATIONS
1. Presentation regarding a status report on environmental affairs. (No
documentation 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.

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. Approve the minutes from the June 10, July 7 (continued from July 21) and the
July 21 City Council meetings.

3. Adopt resolutions accepting Accounts Payable for July 17 and 24, Resolution
Nos. 09 122 and 09-123 .

4. Adopt a resolution accepting Payroll for July 24, Resolution No. 09-124.

5. Accept the Treasurer's Investment and Bridget Report for June 2009, including
a report on General Fund Revenues and Expenditures.

6. Accept an application for an Alcoholic Beverage License for Wingstop
Restaurant, 19620 Stevens Creek Blvd., Ste. 190, On Sale Beer & Wine -Eating
Place (41).

7. Accept a city project performed under contract for the Stevens Creek Corridor
Park Phase lA Creek Restoration Project (Ferma Corporation). No documentation in
packet. The City's contractor Ferma Corporation has completed work on the
Stevens Creek Corridor Park Phase lA Creek Restoration Project. The work
included the relocation and restoration of Stevens Creek Corridor and ~:he
planting of the restoration area.

8. Accept municipal improvements, Tiep D. 1Vguyen and Myha P. Nguyen, 22850 San
Juan Road, APN 342-18-044. The applicants have completed City-specified
improvements in the City right-of--way including grading, storm drain and
retaining wall work as required by the improvement agreement with the City.

9. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Amy Cheng, 22823 San Juan Road, APN 342-22-078,
Resolution No. 09-125. The property owner of this residential development agrees
to grant to the City the right to extract water from the basin under the
overlying property.

10. Adopt a resolution approving an improvement agreement, Louis Ying Lau and
Phyllis Ann Choy Lau, 21600 Rainbow Drive, AP~V 366-38-012, Resolution No.
09-126. Through the improvement agreement witri the City, the applicants for a
building permit for asingle-family residential development will be obligated to
bond and construct city- specified roadside improvements along the street
frontage of their building site.

11. Review bids and award the contract for the 2009 Slurry Seal Program, Project
No. 2009- 06, to American Asphalt, in the amount of $ 633,021.81, and approve a
construction contingency of $65,000.00 to cover any unforeseen work required to
complete the project, for a total of $698,021.81 (continued from July 21).

12. Santa Clara Valley Water District items:
a. Adopt a resolution authorizing the City Manager to negotiate and execute an 
Amendment to the Joint Use Premises Agreement between the Santa Clara Valley
Water District and the City of Cupertino, Resolution No. 09-127
b. Adopt a resolution authorizing the City Manager to accept and execute the
Footbridge Easement Deed and Agreement and pay $500.00 for the easement over the
area being granted by Santa Clara Valley Water District to the City of Cupertino
for the Mary Avenue Bicycle Footbridge, Resolution No. 09-128

13. Accept a citesproject performed under contract for the Sports Center
Upgrades -Tennis Court Lighting and Sports Court (Cupertino Electric). No
documentation in packet. The City's contractor Cupertino Electric has completed
work on the Sports Center Upgrades -Tennis Court Lighting and Sports Court
Project. The work included the installation of new light poles and the
repl~icement of existing lamps.\

ITEMS REMOVED FROM THE CONSENT (:ALENDAR (above)

PUBLIC HEARINGS

14. Consider adopting a resolution vacating a Pacific Gas and Electric Company
Utility Easement, City of Cupertino parcel north of Highway 280 underneath the
northern approach of the Mary Avenue Bridge. (N~~ documentation in packet).
Staff requests this item be tabled.

15. Consider adopting a resolution vacating a Slope Easement, David Nilsson,
10037 Scenic Boulevard, APN 357-09-056, Resolution r1o. 09-129.

UNFINISHED BUSINESS

NEW BUSINESS

16. Review the argument in favor and the rebuttal argument, if necessary, for
the November 3, 2009 election regarding the utili user tax amendment. Authorize
signers for each document.

17. Consider the Parks and Recreation Commission recommendation for the use of
the Simms and Stocklmeir properties.

ORDINANCES

STAFF REPORTS

COUNCIL REPORTS

ADJOURNMENT

Please note that the meeting of Aug. 18 has been cancelled. The next regular
meeting will be Sept. 1.

REDEVELOPMENT AGENCY MEETING
ROLL CALL
A. Approve the minutes for the June 2, 10, and 16 Redevelopment Agency meetings.

ADJOURNMENT

CITY COUNCIL MEETING

ROLL CALL

CLOSED SESSION
18. Conference with real property negotiator (Government Code 54956.8). No
documentation in packet:
a. Property: Lawrence/Mitty Park APIV 375-21-001
b. Negotiating Parties: County of Santa Clara
c. Under Negotiation: Price and terms of payment

ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure
X1094.6; 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 quasijudicial actions, musst
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 X2.08.096.

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 4'08-777-3223 at least 48 hours in advance of the meeting.

Any writings or documents provided to a majority o f 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 hour:. and in Council packet archives linked from the agenda/minutes
page on the Cupertino web site.




[Non-text portions of this message have been removed]

Tuesday:      Planning Commission Meeting        07/28/2009 6:45 PM

Planning Commission Meeting:

     Item 2. 2009-2010 Planning Commission Work Program discussion


Planning Commissioners:
Marty Miller    mmiller@...
Lisa Giefer     lgiefer@...
David Kaneda    dkaneda@...
Paul Brophy     pauldbrophy@...
Winnie Lee      winnieleedds@...


--- Planning Commission Agenda 07/28/2009 ---

City of Cupertino
10350 Torre Avenue, Cupertino, California 95014 (408) 777-3308
AGENDA OF THE MEETING OF THE PLANNING COMMISSION
Planning Commission meeting
Cupertino Community Hall
Tuesday, July 28, 2009, 6:45 p.m.

ORDER OF BUSINESS

SALUTE TO THE FLAG: 6:45 p.m.

ROLL CALL

APPROVAL OF MINUTES    June 23, 2009

WRITTEN COMMUNICATIONS

POSTPONEMENTS/REMOVAL FROM CALENDAR

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
Commission on any matter    not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any
decisions with respect to a matter not on the agenda.

CONSENT CALENDAR
PUBLIC HEARING

1. Application No. (s)
Applicant: DIR-2009-04
Location:  Daryl Harris (Hong residence) 10928 Sycamore Drive
An appeal of the approval of a Director's Minor Modification to allow a 562
square foot addition to an existing single family residence located in the Oak
Valley Planned Development District.    Tentative City Council date: September
1, 2009

ACTION TO BE TAKEN:

Approve or deny DIR-2009-04

OLD BUSINESS
2. Discussion of the 2009-2010 Planning Commission Work Program

NEW BUSINESS

REPORT OF THE PLANNING COMMISSION

Environmental Review Committee

Housing Commission

Mayor's Monthly Meeting with Commissioners

Economic Development Committee Meeting

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

ADJOURNMENT

If you challenge the action of the Planning Commission in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this agenda, or in written correspondence delivered to the
City of Cupertino at, or prior to, the public hearing. Please note that Planning
Commission policy is to allow an applicant and groups to speak for 10 minutes
and individuals to speak for 3 minutes.

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.

Materials related to an item on this agenda submitted to the Planning Department
after distribution of the agenda packet are available for public inspection in
the Planning Department located at 10300 Torre Avenue, during normal business
hours.




[Non-text portions of this message have been removed]

Tuesday:    City Council Closed Session Meeting  07/21/2009 6:00 PM
Tuesday:    City Council Meeting  07/21/2009 6:45 PM

Tuesday:  City Council meeting @ 6:45 PM

     12. Proposed extension of the approved Measurex Property reconstruction from
two years to six years. This may start to set a bad precedent of lengthy
extensions on approved projects.

     13. Review of an increase in the citywide office space allocation by
approximately 500,000 Sq/Ft per a request from Apple and HP.

         This would set a bad precedent of amendments to the general plan before
any specific project is proposed by a developer.


City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Gilbert Wong      777-3191 gwong@...
Mark Santoro      777-3193 msantoro@...
Dolly Sandoval    777-3192 dsandoval@...
Kris Wang         777-3194 kwang@...


--- City Council Agenda 07/21/2009 ---

CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, Ju21, 2009    6:00 p.m.
CITY COUNCIIL MEETING

CLOSED SESSION - 6:00 p.m.

1. Significant exposure to litigation pursuant to subdivision (b) of GC Section
- 54956.9 (one potential case). No documentation in packet.

PLEDGE OF ALLEGIANCE - 6:45 p.m.

ROLL CALL

CEREMONIAL MATTERS - PRESENTATIO SS
2. Adopt a resolution affirming the City of ~~upertino's support and partnership
with the 2010 census, Resolution No. 09-121.

POSTPONEMENTS

WRITTEN COMMUNICATIONS

ORAL COMMUNICATIONS
This portion of the meeting is reserved for person:; wishing to address the
council on any matter not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the council from making any
decisions with respect to a matter not listed on the agenda.

CONSENT CALENDAR
Unless there are separate discussions and/or actio~is requested by council,
staff or a member of the public, it is requested that items under the Consent
Calendar be acted on simultaneously.

3. Approve the minutes from the June 10 and July 7 City Council meetings.

4. Adopt resolutions accepting Accounts Payable for July 2 and 10, Resolution
Nos. 09-112 and 09-113.Adopt a resolution accepting Payroll for July 10,
Resolution No. 09-114.

6. Adopt a resolution replacing Teen Commi:;sion Resolution No. 09-078 to delete
Section A regarding ranking so that all applicants would be interviewed,
Resolution No. 09-115.

7. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Puttappaiah Muniyappa and Kavitha Puttappaiah, 10210
Peninsula Avenue, APN 326-22-017, Resolution No. 09-116. The property owners of
this residential dev~:lopment agree to grant to the City the right to extract
water from the basin under the overlying property.

8. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Arindam Chakraboriy and Pompee Chakraborty, 930 Rose
Blossom Drive, APN 359-06-028, Resolution No. 09-117. The property owners of
this residential development agree to grant to the City the right to  extract
water from the basin under the overlying properly.

9. Adopt a resolution approving a Parcel M:a~ for condominium purposes, Monta
Vista Oaks Inc., a California Corporation, 21761 Granada Avenue, APN 357-17-116,
Resolution No. 09-118. Approval of the parcel map permits the map to be
forwarded to the County for recording, which completes the subdivision.

10. Review bids and award the contract for 2009 Reconstruction of Curbs,
Gutters, and Sidewalks, Project No. 2009-04, to Maxic:rete Inc., in the amount
of $418,605.00, and  approval of a contingency amount of $40,(100 for additional
work that may be identified and approved by the Director of Public Works.

11. Review bids and award the contract for the 2009 Slurry Seal Program, Project
No. 2009-06 to the lowest, qualified bidder contingent on staff providing the
results of the bid opening at the meeting.

ITEMS REMOVED FROM THE CONSENT CALENDAR (above)

PUBLIC HEARINGS
12. Consider a major amendment modifying the Architectural and Site Approval
(ASA-2008-OS), Use Permit Modification (M-2008-03), Tree Removal Permit
(TR-2008-06), and    Director's Minor Modification (DIR-2008-32) for the purpose
of extending the expiration    date of these approvals for six years, phasing
construction, clarifying conditions of approval, and modifying the traffic and
sil;nal improvement condition, Application No.M-2009-02, Tim Kelly (Embarcadero
Capital Partners), 1 Results Way, APN Nos. 357-20-046, 357-20-041 (continued
from June 16).

UNFINISHED BUSINESS
13. Consider General Plan Amendments, Application Nos. GPA-2009-01 and
EA-2009-03, City of Cupertino, Citywide (continued from June 2):
     a. Adopt a Negative Declaration
     b. Consider increasing the office allocation in the General Plan

NEW BUSINESS
14. Conduct a hearing and adopt a resolution approving the assessment of fees
for the annual weed abatement program (private parcels), resolution No. 09-119.

15. Consider the following actions for a trial eriod for an off--leash area for
dogs:
     a. Adopt rules for use of an off-leash area for dogs in a City park
     b. Authorize a subcommittee from members of the Citizens Group to work with
the City and County of Santa Clara to conduct a study for a fenced dog park at
Stevens Creek County Park
     c. After neighbor and park user support is obtained by the Citizens Group
Committee, authorize asix-month trial for a fenced off-leash area at Linda Vista
Park
     d. Continue the community discussio~i with a smaller, appointed group of
citizens for a trial period for an unfenced off leash area at Memorial Park
and/or Jollyman Park

16. Consider placing a measure on the November 3, 2009, General Municipal
Election to amend the telephone utility users tax (UUT;1 ordinance. The
amendment would modernize the municipal code wording to treat all taxpayers the
same regardless of technology used, with no rate increases and no changes to
senior citizen exemptions:
     a. Adopt a resolution to place a measure on the ballot at the November 3,
2009,    General Municipal Election, Resolution No. 09-120; or
         b. Defer the matter at this time and direct staff to undertake further
study and report    back with options regarding such a measure at a future
election

17. Consider canceling the meeting of August 4. (No documentation in packet).

ORDINANCES

18. Conduct the second reading of Ordinana~ No. 09-2046: "An Ordinance of the
City Council of the City Of Cupertino amending Chapter 9.06 of the Cupertino
Municipal Code relating to massage establishments an~i services by replacing it
in its entirety."

STAFF REPORTS

COUNCIL REPORTS

ADJOURNMENT

REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.

ADJOURNMENT
The City of Cupertino has adopted the provisions' of Code of Civil Procedure
X1094.6; litigation challenging a final decision of the City
CounciUR~~development 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, prier 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 ~>08-777-3223 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.




[Non-text portions of this message have been removed]

Tuesday:    City Council Closed Session Meeting  07/07/2009 6:00 PM
Tuesday:    City Council Meeting  07/07/2009 6:45 PM


Tuesday:  City Council meeting @ 6:45 PM

     16. Consider approving the FY 2009-10 Planning Commission Work Program


City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Gilbert Wong      777-3191 gwong@...
Mark Santoro      777-3193 msantoro@...
Dolly Sandoval    777-3192 dsandoval@...
Kris Wang         777-3194 kwang@...


--- City Council Agenda 07/07/2009 ---

CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, July 7, 2009

6:00 p.m.
CITY COUNCIL MEETING
CLOSED SESSION - 6:00 p.m.
1. Appointment, Employment, Evaluation of Performance, Discipline or Dismissal
of Public Employee -Government Code Section 54957(b)(1) regarding appointment of
the City Attorney. (No documentation in packet).

PLEDGE OF ALLEGIANCE - 6:45 p.m.

ROLL CALL

CEREMONIAL MATTERS -PRESENTATIONS
2. Employee CERT graduation. (No documentation in packet).

3. E-services presentation regarding on-line business license renewals,
inspection scheduling and plan review status. (No documentation 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.

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.

4. Approve the minutes from the June 2 and l 6 City Council meetings.

5. Adopt resolutions accepting Accounts Pa~~able for June 12, 19, and 26,
Resolution Nos. 09-095 through 09-097.

6. Adopt resolutions accepting Payroll for June 12 and 26, Resolution Nos.
09-098 and 09-099.

7. Accept the Treasurer's Investment Report for May 2009, including a report on
General    Fund Revenues and Expenditures.

8. Consider the Teen Commission composition and application screening process:

a) Adopt a resolution amending the Teen Commission composition to decrease the
membership from 13 members to 9 members by the year 2010, Resolution No. 09-078
(continued from June 2)

b) Direct staff to further amend the: Teen Commission resolution regarding the
application screening_process

9. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Mission West Properties I, L.P., 20400 Mariani Avenue,
APN 316-22-018, Resolution No. 09-100. The property owners of this development
agree to grant to the City the right to extract    water from the basin under
the overlying property.

10. Adopt a resolution approving an improvement agreement, Huei-Hwang Hung and
Tracy Hsu, 21871 Dolores Avenue, Parcel 2, Resolution No. 09-101. Through the
improvement agreement with the City, the applicant for a building permit for a
single-family residential development ~Nill be obligated to bond and construct
city-specified roadside improvements along the street frontage of their building
site.

11. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Huei-Hwang Hung and Tracy Hsu, 21871 Dolores Avenue,
Parcel 2, Resolution No. 09-102.    The property owners of this residential
de~~elopment agree to grant to the City the right to extract water from the
basin under the overlying property.

12. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Union Church of Cupertino, 2090~~ Stevens Creek
Boulevard, APN 359-08-024, Resolution No. 09-103.    The property owners of this
development agree to grant to the City the right to extract water from the basin
under the overlying property.

13. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Kong-Yeu Han and Sue-Jane Han, 21881 Dolores Avenue,
Parcel 1, Resolution    No. 09-104.    The properly owners of this residential
development agree to grant to the City the right to extract water from the basin
under the overlying property.

14. Adopt a resolution expressing the intent to vacate a Pacific Gas and
Electric Company Utility Easement, City of Cupertino parcel north of Highway 280
underneath the northern approach of the Mary Avenue Bridge, Resolution No.
09-105. The City agrees to vacate a Pacific Gas an~i Electric Company Utility
Easement that is no longer required by PG&E. A portion of the land will be
transferred to Caltrans as a result of the construction of a new soundwall for
the Mary Avenue Bridge Project.

15. Adopt a resolution expressing the intent to vacate a Slope Easement, David
Nilsson, 10037 Scenic Boulevard, APN 357-09-056, Resolution No. 09-106. The City
agrees to vacate a slope easement: that encumbers a portion of this property.
The easement was originally accepted to maintain a potential slope that would
have been created with an expansion of Stevens Creek Boulevard. The expansion of
Stevens Creek Boulevard, in this area, was never realized.

16. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Stelling Palms of Cupertino, LLC, a California Limited
Liability Company, 10855 N. Stelling Road, Amended Map of Tract rJo. 9983,
Resolution No. 09-107. The property owners of this multi-family residential
development agree to grant to the City the right to extract water from the basin
under the overlying property.

17. Adopt a resolution approving a Stormwater Management Facility Easement
Agreement, Stelling Palms of Cupertino, LLC, a California Limited Liability
Company, 10855 N. Stelling Road, Amended Map of Tract No. 9983, Resolution No.
09-108. Through an agreement with the City, the ~~roperty owners of this
multi-family residential development will be required to grant ingress and
egress rights to the City for the purpose of inspecting stormwater management
facilities installed in accordance with the approved Stormwater Management Plan.

18. Adopt a resolution approving a Storm~,vater Management Facilities Operation
and    Maintenance Agreement, Stelling Palm; of Cupertino, LLC, a California
Limited Liability Company, 10855 N. Stelling Road, Amended Map of Tract No.
9983,    Resolution No. 09-109. Through an agreement with the City, the
f~roperty owners of this multi-family residential development will be required
to operate and maintain stormwater management facilities in accordance with the
approved Stormwater Management Plan, to minimize adverse impacts due to changes
in storm and surface water flow conditions.

19. Adopt a resolution authorizing the execution of a Maintenance Agreement,
Stelling Palms of Cupertino, LLC, a California Limited Liability Company, 10855
N. Stelling Road,    Amended Map of Tract No. 9983, Resolution No. 09-110.
Through an agreement with the City, the f~roperty owners of this multi-family
residential    development will be required to maintain ~~ll non-standard items
within the City's right of way.

20. Accept municipal improvements, Andrew .loseph Debaets and Rebecca Rea Smith,
10399 Byrne Avenue, APN 357-12-027. The applicant has completed City-specified
improvements in the City right-of--way,    including driveway approach, grading,
curb and gutter as required by the improvement agreement with the City.

21. Review bids and award the contract for Pavement Restoration, Project No.
2009-03, to G.    Bortolotto & Co., Inc., in the amount of $198,876.00, and
approve a construction contingency of $20,000.00 to cover any unforeseen work
required to complete the project, for a total of $218,876.00.

22. Accept the resigngation of Bicycle Pedestrian Commissioner Donald Armstrong
and direct staff to advertise the vacancy.

23. Approve a resolution authorizing the City Attorney to cooperate with the
League of California Cities, other cities and counties in litigation challenging
the constitutionality of any seizure b~~overnment of the City's street
maintenance funds, Resolution No. 09-111.

ITEMS REMOVED FROM THE CONSENT CALENDAR (above)

PUBLIC HEARINGS

NEW BUSINESS

24. Defer for 90 days any consideration of they letter from John Zirelli of Los
Altos Garbage Company (LAGCo) proposing additional collection services and
expansion of recycling services for the City of Cupertino in excr~ange fora 5
year extension and an additional five year option of the existing LAGCo Solid
Waste Services Contract with the City which will expire October 31, 2010.

25. Consider and approve the list of unfunded projects for the FY 2009-2010
Capital    Improvement Program.

26. Consider approving the FY 2009-10 Planning Commission Work Program.

27. Conduct the first reading of Ordinance Na. 09-2046: "An Ordinance of the
City Council of the City Of Cupertino amending Chapter 9.06 of the Cupertino
Municipal Code relating to massage establishments and services by replacing it
in its entirety."

28. Designate a voting deligate and up to two alternates for the League of
California Cities Annual Conference Sept. 16-18 in San Jose;.

29. Schedule a joint meeting with the Parks and Recreation Commission on July 21
to discuss Simms and Stocklmeir properties. ~No documentation in packet).

ORDINANCES

30. Conduct the second reading of Ordinance; No. 09-2045: "An Ordinance of the
City of Cupertino amending Chapter 6.28, governing the provision of cable
services in the City, of Title 6, Franchises, of the Cupertino Municipal Code."

STAFF REPORTS

COUNCIL REPORTS

ADJOURNMENT
The City of Cupertino has adopted the provisions' of Code of Civil Procedure
X1094.6; 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, prier 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 ~>08-777-3223 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.




[Non-text portions of this message have been removed]

Tuesday:      Planning Commission Meeting        06/23/2009 6:45 PM

Planning Commission Meeting:

     Item 2. 2009-2010 Planning Commission Work Program discussion continued from
May 12, 2009


Planning Commissioners:
Marty Miller    mmiller@...
Lisa Giefer     lgiefer@...
David Kaneda    dkaneda@...
Paul Brophy     pauldbrophy@...
Winnie Lee      winnieleedds@...


--- Planning Commission Agenda 06/23/2009 ---

City of Cupertino
10350 Torre Avenue, Cupertino, California 95014 (408) 777-3308
AGENDA OF THE MEETING OF THE PLANNING COMMISSION
Planning Commission meeting
Cupertino Community Hall
Tuesday, June 23, 2009, 6:45 p.m.

ORDER OF BUSINESS

SALUTE TO THE FLAG:  6:45 p.m.

ROLL CALL

APPROVAL OF MINUTES
June 9, 2009

WRITTEN COMMUNICATIONS

POSTPONEMENTS/REMOVAL FROM CALENDAR

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
Commission on any matter not on the agenda.  Speakers are limited to three (3)
minutes.  In most cases, State law will prohibit the Commission from making any
decisions with respect to a matter not on the agenda.


CONSENT CALENDAR

PUBLIC HEARING

Item 1.

Application No.(s) :  M-2009-05
Applicant:         :  Anjali Arora (Bethel Lutheran Church)
Location:          :  940 South Stelling Road

Modification to the Use Permit (6-U-86) to allow an after school program for
children at the existing Bethel Lutheran Church.

Planning Commission decision final unless appealed.

ACTION TO BE TAKEN:

Approve or deny M-2009-05

OLD BUSINESS

2. 2009-2010 Planning Commission Work Program discussion continued from May 12,
2009


NEW BUSINESS
None

REPORT OF THE PLANNING COMMISSION
Environmental Review Committee
Housing Commission
Mayor's Monthly Meeting with Commissioners
Economic Development Committee Meeting

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this agenda, or in written correspondence delivered to the
City of Cupertino at, or prior to, the public hearing. Please note that Planning
Commission policy is to allow an applicant and groups to speak for 10 minutes
and individuals to speak for 3 minutes.

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.

Materials related to an item on this agenda submitted to the Planning Department
after distribution of the agenda packet are available for public inspection in
the Planning Department located at 10300 Torre Avenue, during normal business
hours.




[Non-text portions of this message have been removed]

Tuesday:    City Council Meeting  06/19/2009 6:45 PM


Tuesday:  City Council meeting @ 6:45 PM

     14. 2009/2010 Budget for the City and Redevelopment Agency.

     18. Housing Allocation Allowance and potential General Plan Amendments.

     The City Council will discuss the placement of over 700 high density housing
units throughout Cupertino.


City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Gilbert Wong      777-3191 gwong@...
Mark Santoro      777-3193 msantoro@...
Dolly Sandoval    777-3192 dsandoval@...
Kris Wang         777-3194 kwang@...


--- City Council Agenda 06/16/2009 ---

CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, June 16, 2009
6:45 p,.m.

CITY COUNCIL MEETING

PLEDGE OF ALLEGIANCE

ROLL CALL

CEREMONIAL MATTERS -PRESENTATIONS

POSTPONEMENTS -Item number 17 continued to July 21 at the request of staff

WRITTEN COMMUNICATIONS

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
council on any matter not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the council from making any
decisions with respect to a matter not listed on the agenda.

CONSENT CALENDAR

Unless there are separate discussions and/or actions requested by council, staff
or a member of    the public, it is requested that items under the Consent
Calendar be acted on simultaneously.

1. Approve the minutes from the May 27 and June 1 City Council meetings.
2. Adopt resolutions accepting Accounts Payable for May 29 and June 5,
Resolution Nos.    09-085 and 09-086.
3. Adopt a resolution accepting Payroll for May 29, Resolution No. 09-087.
4. Adopt a resolution supporting the move of the Oakland A's to San Jose,
Resolution No.09-088.
5. Authorize the Mayor to sign a letter supporting Mt. Umunhum cleanup.

6. Authorize the Mayor to sign a letter opposing SB 711 regarding labor
relations.

7. Alanna Schroeder, (Rocktino Fee, LLC), 10100 Tantau Avenue, APN 316-19-061:
a) Authorize a request for a one year extension for the Use Permit (U-2007-03)
for a retail building and parking garage ~~roject at an existing office site to
August 21,2010, Application No. DIR-2009-Ofi
b) Authorize a request for a one year extension for the Architectural & Site
Approval (ASA-2007-OS) and Exception to the Heart of the City Specific Plan
(EXC-2007-08) for a retail building with a 32-foot setback along Stevens Creek
Boulevard and N. Tantau Avenue, and parking garage project at an existing office
site to August 21, 2010, Application No. DIR-2009-07
c) Authorize a request for a ones extension for the Tree Removal Permit
(TR-2007-03) in conjunction with an approved retail building and parking
garageproject at an existing office site to August 21, 2010, Application No.
DIR-2009-

8. Adopt a resolution setting a hearing date of July 21 to provide for lien
assessments and collection resulting from abatement of a public nuisance (brush
and weeds), resolution    No. 09-089.

9. Accept applications for an Alcoholic Beverage License:
a) TGI Fridays, 10343 N. Wolfe Rd. - On Sale General Eating Place (47)
b) Chiaramonte's Sausage & Deli, 10].23 N. Wolfe Rd. - On Sale Beer and Wine for
Bona Fide Public Eating Place (41)

10. Adopt a resolution adopting the 2007 Valley Transportation Authority~VTA
Bicycle Technical Guidelines, Resolution No. 09-090.

11. Authorize the City Manager to apply for I~ ederal stimulus funding from the
Department of Energy (DOE) through the Energy Efficiency and Conservation Block
Grant (EECBG) program and enter into an agreement with Siemens to perform a
detailed energy and water audit of City facilities and grounds.

12. Adopt a resolution calling a General Municipal Election on Nov. 3, 2009, to
fill three City Council seats, Resolution No. 09-091.


13. Award a construction contract for the Memorial Park Softball Field and
Library Field Irrigation Renovation Project, Project No, 2009-02, to B & B
Landscape Contractors, Inc., in the amount of $234,031, and approve a
construction contingency of $35,000 to cover any unforeseen work required to
complete the project, for a total of $269,031.

ITEMS REMOVED FROM THE CONSENT CALENDAR (above)

PUBLIC HEARINGS -CITY COUNCIL AND REDEVELOPMENT AGENCY

14. Receive public comments, discuss, and adopt the 2009-10 budget:
a. Grant a Negative declaration
b. Adopt a resolution establishing an. berating and capital budget for fiscal
year 2009-10, Resolution No. 09-092
c. Adopt a resolution establishing are ~propriation limit for fiscal year
2009-10, Resolution No. 09-093
d. Adopt a resolution establishing yin operating budget for the Redevelopment
Agency, Resolution No. 09-01
e. Authorize a Park Planner position and Senior Code Enforcement position

PUBLIC HEARINGS -CITY COUNCIL

15. Adopt a resolution approving the renewal and collection of the existing
storm drain fees at no increase in rates for fiscal year 2009-2010, Resolution
No. 09-094.

16. Consider a modification to a Use Permit, (49-U-87) to allow an approximately
6,670 square foot preschool & daycare facility to operate at an existing
commercial building. The application also includes a new outdoor play area in a
section of the existing rear parking lot. (Growing Tree Learning Ce:nter),
Application No. M-2009-03, Suna Lai (Cupertino Stevens, LLC), 20100 Stevens
(reek Blvd., Suite 160, APN 369-03-002.

17. Consider a major amendment modifying the Architectural and Site Approval
(ASA-2008-OS), Use Permit Modification (M-2008-0=-), Director's Minor
Modification (DIR-2008-32) and Tree Removal Permit (TR-2008-06) for the purpose
of extending the expiration date of these approvals for six years, phasing
construction, clarifying conditions of approval, and modifying the traffic and
signal improvement condition, Application No. M-2009-02, Tim Kelly (Embarcadero
Capital Partners), 1 Results Way, APN Nos. 357-20-046, 357-20-041. (Continued to
July 21 at the request of staff).

UNFINISHED BUSINESS
18. Consider General Plan Amendments, Application Nos. GPA-2008-01, EA-2009-05,
GPA-2009-01, EA-2009-03, City of Cupertino, Citywide (continued from June 10):

a) General Plan Amendment for 2007-2014 Housing Element update

NEW BUSINESS
19. Consider approving revisions to Title 6 Cr~apter 6.28 "Governing the
Provision of Cable    and Video Services in the City", of the City of Cupertino
Municipal Code.

a) Conduct the first reading of Ordinance No. 09-2045: "An Ordinance of the City
of Cupertino amending Chapter 6.28, governing the provision of cable services in
the City, of Title 6, Franchises, of tl~e Cupertino Municipal Code."

ORDINANCES

STAFF REPORTS

COUNCIL REPORTS

ADJOURNMENT
The City of Cupertino has adopted the provisions' of Code of Civil Procedure
X1094.6; litigation challenging a final decision of the City
CounciUR~~development 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, prier 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 ~>08-777-3223 at least 48 hours in advance of the meeting.

Any writings or documents provided to a majority c f 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.


CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Wednesday, June 10, 2009 4:00 p.m.


ROLL CALL

1.    Study Session on the proposed 2009/10 Budgets for City Council and the
Redevelopment Agency (continued from June 2). No documentation in packet.

UNFINISHED BUSINESS

2.    Consider General Plan Amendments, Application Nos. GPA-2008-01,
EA-2009-05, GPA-2009-01, EA-2009-03, City of Cupertino, Citywide (continued from
June 2). No documentation in packet:

     a)    Adopt a draft 2007-2014 Housing Element and forward to the State
Department of Housing and Community Development (HCD)

3.    Review summer schedule of Council meetings (continued from June 2). No
documentation in packet.

ORAL COMMUNICATIONS

ADJOURNMENT

The City of Cupertino has adopted the provisions of Code of Civil Procedure
X1094.6; 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 u required by State or Federal taw. 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 X2.08.096.

In compliance with the Americans with Disabilities Act (ADA), the City of
Cupertino will make reasonable efforts to accommodate persons with quatifsed
dssabitities. If you require special assistance, please contact the city clerk's
office at 408-777-3223 at feast 48 hours in advance of the meeting.

Any writings or documents provided to a majority cf the Cupertino City Council
after publication of the packet wilt be made available for public inspect~'on 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.




[Non-text portions of this message have been removed]

Tuesday:      Planning Commission Meeting        06/09/2009 6:45 PM
Wednesday:    City Council Budget Study Session  06/10/2009 4:00 PM

Wednesday:  City Council Study Session @ 4:00 PM

     1. 2009/2010 Budget for the City and Redevelopment Agency.

     2. Housing Allocation Allowance and potential General Plan Amendments.

     The City Council will discuss the placement of over 700 high density housing
units throughout Cupertino.

     There is no documentation on the City's Website !!!!


City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Gilbert Wong      777-3191 gwong@...
Mark Santoro      777-3193 msantoro@...
Dolly Sandoval    777-3192 dsandoval@...
Kris Wang         777-3194 kwang@...


Planning Commission Meeting: Tuesday @ 6:45 PM

     Item 2. Measurex Property Development Extension


Planning Commissioners:
Marty Miller    mmiller@...
Lisa Giefer     lgiefer@...
David Kaneda    dkaneda@...
Paul Brophy     pauldbrophy@...
Winnie Lee      winnieleedds@...


--- City Council Agenda 06/10/2009 ---

CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Wednesday, June 10, 2009 4:00 p.m.


ROLL CALL

1.    Study Session on the proposed 2009/10 Budgets for City Council and the
Redevelopment Agency (continued from June 2). No documentation in packet.

UNFINISHED BUSINESS

2.    Consider General Plan Amendments, Application Nos. GPA-2008-01,
EA-2009-05, GPA-2009-01, EA-2009-03, City of Cupertino, Citywide (continued from
June 2). No documentation in packet:

     a)    Adopt a draft 2007-2014 Housing Element and forward to the State
Department of Housing and Community Development (HCD)

3.    Review summer schedule of Council meetings (continued from June 2). No
documentation in packet.

ORAL COMMUNICATIONS

ADJOURNMENT

The City of Cupertino has adopted the provisions of Code of Civil Procedure
X1094.6; 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 u 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 X2.08.096.

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 ~t08-777-3223 at feast 48 hours in advance of the meeting.

Any writings or documents provided to a majority cf the Cupertino City Council
after publication of the packet wilt be made available for public inspect~'on 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.


--- Planning Commission Agenda 06/09/2009 ---

City of Cupertino
10350 Torre Avenue, Cupertino, California 95014 (408) 777-3308
AGENDA OF THE MEETING OF THE PLANNING COMMISSION
Planning Commission meeting
Cupertino Community Hall
Tuesday, June 9, 2009, 6:45 p.m.

ORDER OF BUSINESS

SALUTE TO THE FLAG: 6:45 p.m.

ROLL CALL

APPROVAL OF MINUTES
May 12, 2009

WRITTEN COMMUNICATIONS

POSTPONEMENTS/REMOVALS FROM CALENDAR

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
Commission on any matter    not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any
decisions with respect to a matter not on the agenda.

CONSENT CALENDAR

PUBLIC HEARING

Item 1.

Application No.(s) :  CP -2009-01 (EA-2009-04)
Applicant:         :  City of Cupertino
Location:          :  citywide


Review of the five-year Capital Improvements Program (FY 2009-10 to 2013-14) for
conformity    to the City of Cupertino's General Plan

Planning Commission decision final unless appealed

ACTION TO BE TAKEN:
Approve or deny finding of general plan consistency for CP-2009-01
Approve or deny EA-2009-04

Item 2.

Application No.(s) :  M-2009-02
Applicant:         :  Tim Kelly (Embarcadero Capital Partners)
Location:          :  1 Results Way


Major Amendment modifying the Architectural and Site Approval (ASA-2008-05), Use
Permit    Modification (M-2008-03), Director's Minor Modification (DIR-2008-32)
and Tree Removal Permit (TR-2008-06) for the purpose of extending the expiration
date of these approvals for six years, phasing construction, clarifying
conditions of approval, and modifying the traffic and signal improvement
condition.

Tentative City Council date: June 16, 2009

ACTION TO BE TAKEN:
Approve or deny M-2009-02

OLD BUSINESS
None

NEW BUSINESS
None

REPORT OF THE PLANNING COMMISSION
Environmental Review Committee
Housing Commission
Mayor's Monthly Meeting with Commissioners
Economic Development Committee Meeting

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this agenda, or in written correspondence delivered to the
City of Cupertino at, or prior to, the public hearing. Please note that Planning
Commission policy is to allow an applicant and groups to speak for 10 minutes
and individuals to speak for 3 minutes.

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.

Materials related to an item on this agenda submitted to the Planning Department
after distribution of the agenda packet are available for public inspection in
the Planning Department located at 10300 Torre Avenue, during normal business
hours.




[Non-text portions of this message have been removed]

Tuesday:  City Council Budget Study Session         06/02/2009 @ 4:00 PM
Tuesday:  City Council Meeting                      06/02/2009 @ 6:45 PM
Tuesday:  Cupertino Redevelopment Agency Meeting    06/02/2009 @ After City
Council Meeting

Tuesday:  City Council Budget Study Session @ 4:00 PM

     1. Study Session on the proposed 2009/10 Budget


Tuesday:  City Council Meeting @ 6:45 PM

     14. Conduct the first of two public hearings on the 2009-10 budget.

     The city is considering making the citizens pay for sidewalk repairs.


     17a. Adopt a draft 2007-2014 Housing Element and forward to the State
Department of Housing and Community Development (HCD)

     !!!! The city will try again to rezone the Vallco CONDOMINIUM Site FOR HIGH
DENSITY HOUSING which was overwhelmingly rejected by the voters of Cupertino in
the 2006 Election. !!!!


     17b. Consider increasing the office allocation in the General Plan


Tuesday:  Cupertino Redevelopment Agency Meeting @ After end of city council
meeting

     B. Review the Cupertino Redevelopment Agency Operating Budget for 2009-10.

     Redevelopment of Vallco Again ???


City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Gilbert Wong      777-3191 gwong@...
Mark Santoro      777-3193 msantoro@...
Dolly Sandoval    777-3192 dsandoval@...
Kris Wang         777-3194 kwang@...


--- City Council Agenda 06/02/2009 ---

Amended on May 28 to add Budget Study Session at 4:00 and add Item No. 19a
regarding Council summer schedules

CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, June 2, 2009 4:00 p.m.

ROLL CALL

~ Study Session on the proposed 2009/10 Budget:. (Continued from May 27).

CLOSED SESSION

RECESS

PLEDGE OF ALLEGIANCE - 6:45 p.m.

ROLL CALL

CEREMONIAL MATTERS -PRESENTATIONS
     1. Receive annual report from the Fine Arts Commission.

POSTPONEMENTS

WRITTEN COMMUNICATIONS

ORAL COMMUNICATIONS

This portion of the meeting is reserved for persons wishing to address the
council on any matter not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the council from making any
decisions with respect to a matter not listed on the agenda.

CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff
or a member of the public, it is requested that items under the Con::ent
Calendar be acted on simultaneously.
2. Approve the minutes from the May 5 City (:ouncil meeting.

3. Adopt resolutions accepting Accounts Payable for May 1, 8, 15, and 22,
Resolution Nos.09-072 through 09-075.

4. Adopt resolutions accepting Pa\u2022~ for May 1 and 15, Resolution Nos.
09-076 and 09-077.

5. Accept the Treasurer's Investment and Bu~i e~ t Report for April 2009,
including a report on General Fund Revenues and Expenditures.

6. Adopt a resolution amending the Teen Commission composition to decrease the
membership from 13 members to 9 members by the year 2010, Resolution No. 09-078.

7. Accept an application for an Alcoholic Beverage License for Longs Drug Store
9894, 10455 S. De Anza Blvd., Off-Sale General (21).

8. Accept municipal improvements, Reza Development, LLC, a California Limited
Liability Company, 10484 Byrne Avenue, APN 357-14-078. The applicant has
completed City-specii ied improvements in the City right-of--way including
sidewalk and curb/gutter work arc required by the improvement agreement with the
City.

9. Adopt a resolution approving a Grant of Easement for Streetlight Purposes,
Samir Khosla and Monica Khosla, and Jivan Kumar Khosla and Renuka Khosla, 18760
Tilson Avenue, APN 375-17-040, Resolution No. 09-079. The owners of this
property agree to grant to the City the right to enter and use an easement to
construct, repair, operate an,d maintain improvements necessary for the
operation of a streetlight.

10. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Samir Khosla and Monica Khosla, and Jivan Kumar Khosla
and Renuka Khosla,  18760 Tilson Avenue, APN 375-17-040, Resolution No. 09-080.
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.

11. Adopt a resolution accepting a Quitclaim l;~eed and Authorization for
Underground Water Rights, Mary E. Bennett, 18848 Loree Avenue, APN 375-15-018,
Resolution No. 09-081. The property owner of this residential development agrees
to grant to the City the right to extract water from the basin under the
overlying property.

12. Adopt a resolution accepting a Quitclaim l;~eed and Authorization for
Underground Water Rights, Cha Eun Park and David Chon, ar~d Young Bin Park and
In Sung Park, 1151 S. Stelling Road, APN 362-22-016, Resolution No. 09-082. 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.

13. Award a construction contract for the Monta Vista Roof Project, Project No.
2009-01, to Petersen Dean Roofing and Solar Systems, Inc., in the amount of
$177,000, and approve a construction contingency of $20,000 to cover any
unforeseen work required to complete the project, for a total of $197,000.

ITEMS REMOVED FROM THE CONSENT CALENDAR (above)

PUBLIC HEARINGS

14. Conduct the first of two public hearings on the 2009-10 budget.

15. Consider an appeal of a Planning Commission decision to approve a Use Permit
and Architectural and Site Approval to allow the construction of a new automated
carwash tunnel, a new trash enclosure and enhancements to the parking lot, and
new landscaping features at an existing gas station. Application Nos. U-2009-02
and ASA-2009-02, Muthana Ibrahim (Atam Sandhu), 1699 South De Anza Boulevard,
APN 366-10-120. (Continued from May 27).

16. Consider adopting a resolution amending the 2008 Annual Plan to award
$105,013 in Community Development Block Grant Recovery (CDBG-R) funds
appropriated by the American Recovery and Reinvestment Act (ARRA) and
authorizing the City Manager to submit the amended plan, project proposals and
funding application to HUD, Resolution No. 09-083.

17. Consider General Plan Amendments, Application Nos. GPA-2008-01, EA-2009-05,
GPA-2009-01, EA-2009-03, City of Cupertino, Citywide (continued from May 5):

a) Adopt a draft 2007-2014 Housing Element and forward to the State Department
of Housing and Community Development (HCD)

b) Consider increasing the office allocation in the General Plan

UNFINISHED BUSINESS

NEW BUSINESS

18. Consider objections to the proposed removal of brush, and adopt a resolution
ordering the abatement of a public nuisance (city-wide: brush abatement)
pursuant to provisions of Ordinance No. 724 and Resolution No. 09-~~64,
Resolution No. 09-084.

19. Approve the transfer of approximately $29,000 in unspent funds in the "Law
Enforcement Santa Clara County Sheriff s Contract" account to fiscal year
2009-10 for funding school safety incentives.

19a. Review summer schedule of Council meetings. (Continued from May 27).

ORDINANCES

20. Conduct the second reading of Ordinance No. 09-2042: "An Ordinance of the
City Council of the City of Cupertino adding Chapter 16.74 to adopt the Wildland
Urban Interface Fire Area"

STAFF REPORTS

COUNCIL REPORTS

ADJOURNMENT

REDEVELOPMENT AGENCY MEETING
ROLL CALL

A. Approve the minutes from June 17, 2008.

B. Review the Cupertino Redevelopment Agency Operating Budget for 2009-10.

ADJOURNMENT

The City of Cupertino has adopted the provisions of Code of Civil Procedure
X1094.6; 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 X2.08.096.

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 ~t08-777-3223 at feast 48 hours in advance of the meeting.

Any writings or documents provided to a majority cf the Cupertino City Council
after publication of the packet will be made available for public inspect~'on 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.




[Non-text portions of this message have been removed]

Tuesday:  City Council Budget Study Session 05/27/2009 5:00 PM  City Hall Room
100 (Old Council Chambers)

Tuesday:  City Council Budget Study Session @ 5:00 PM

     1. Study Session on the proposed 2009/10 Budget.


City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Gilbert Wong      777-3191 gwong@...
Mark Santoro      777-3193 msantoro@...
Dolly Sandoval    777-3192 dsandoval@...
Kris Wang         777-3194 kwang@...


--- City Council Agenda 05/05/2009 ---

CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING
10300 Torre Avenue, City Hall Room 100
Wednesday, May 27, 2009 5:00 p.m.

ROLL CALL

POSTPONEMENTS -Staff recommends postponing  Item No. 2 to June 2

STUDY SESSION
1. Study Session on the proposed 2009/10 Budget.

A. Budget Message

B. Overview of Budget:
     - Budget Projections 2008/09
     - Budget Projections 2009/10
     - Funded/New Programs
     - Unfunded Programs
     - Fiscal Strategic Plan Committee recommendations

C. Departmental Budgets:
     - Council and Commissions
     - Administration/Attorney/PIO
     - Administrative Services
     - Law Enforcement
     - Parks and Recreation
     - Community Development
     - Public Works

D. 5 Year Capital Improvement Program (CIP)

E. Questions and Answers

F. Public Comments

G. Council Comments:
     - Operating Budgets
     - Funded/New Programs
     - Unfunded Programs
     - Fiscal Strategic Plan Commit~:ee recommendations
     - 5 Year CIP

PUBLIC HEARING

2. Consider an appeal of a Planning Comrriission decision to approve a Use
Permit and Architectural and Site Approval to allow the construction of a new
automated carwash tunnel, a new trash enclosure and enhance-ments to the parking
lot, and new landscaping features at an existing gas station. Apf~lication Nos.
U-2009-02 and ASA-2009-02, Muthana Ibrahim (Atam Sandhu), 1699 South De Anza
Boulevard, APN 366-10-120.

(Staff recommends postponing this item to June 2).

3. Review summer schedule of Council meetings.

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.

ADJOURNMENT

Adjourn to Monday, June 1 at 4:30 p.m. for Teed Commission interviews, Cupertino
City Hall Conference Room A, 10300 Torre Avenue.

The City of Cupertino has adopted the provzsions~ of Code of Civil Procedure
X1094.6; litigation challenging a final decision of the City
Counci//R~~development Agency must be brought within 90 days after a decision is
announced unless a shorter time u required by State or Federal taw. 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 X2.08.096.

In compliance with the Americans with Disabilities Act (ADA), the City of
Cupertino will make reasonable efforts to accommodate persons with quatifsed
dssabitities. If you require special assistance, please contact the city clerk's
office at ~t08-777-3223 at feast 48 hours in advance of the meeting.

Any writings or documents provided to a majority cf the Cupertino City Council
after publication of the packet wilt be made available for public inspect~'on 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.




[Non-text portions of this message have been removed]

Tuesday:      Planning Commission Meeting 05/12/2009 6:45 PM

Planning Commission Meeting:

     Item 3. 2009 Planning Commission Work Program Discussion


Planning Commissioners:
Marty Miller    mmiller@...
Lisa Giefer     lgiefer@...
David Kaneda    dkaneda@...
Paul Brophy     pauldbrophy@...
Winnie Lee      winnieleedds@...


--- Planning Commission Agenda 05/12/2009 ---

City of Cupertino
10350 Torre Avenue, Cupertino, California 95014 (408) 777-3308
AGENDA OF THE MEETING OF THE PLANNING COMMISSION
Planning Commission meeting
Cupertino Community Hall
Tuesday, May 12, 2009, 6:45 p.m.

ORDER OF BUSINESS

SALUTE TO THE FLAG: 6:45 p.m.

ROLL CALL

APPROVAL OF MINUTES
April 28, 2009

WRITTEN COMMUNICATIONS

POSTPONEMENTS/REMOVALS FROM CALENDAR
1. M-2009-02, Tim Kelly (Embarcadero Capital Partners), 1 Results Way Postponed
to May 26, 2009

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
Commission on any matter not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any
decisions with respect to a matter not on the agenda.

CONSENT CALENDAR

PUBLIC HEARING

Item 1.
Application No.(s) M-2009-02
Applicant:         Tim Kelly (Embarcadero Capital Partners)
Location:          1 Results Way

Major Amendment modifying the Architectural and Site Approval (ASA-2008-05), Use
Permit Modification (M-2008-03), Director's Minor Modification (DIR-2008-32) and
Tree Removal Permit (TR-2008-06) for the purpose of extending the expiration
date of these approvals for six years, phasing construction, clarifying
conditions of approval, and modifying the traffic and signal improvement
condition.

Applicant has requested a postponement to the May 26, 2009 Planning Commission
meeting Tentative City Council Date: June 16, 2009

ACTION TO BE TAKEN:
Approve or deny M-2009-02

Item 2.
Application No.(s) M-2009-03
Applicant:         Suna Lai (Cupertino Stevens, LLC)
Location:          20100 Stevens Creek Blvd., Suite 160

Modification of a Use Permit (49-U-87) to allow for a 4,900 square foot daycare,
preschool, and learning center in an existing office building located along the
south side of Stevens Creek Boulevard.

Tentative City Council Date: June 16, 2009

ACTION TO BE TAKEN:
Approve or deny M-2009-03

OLD BUSINESS

NEW BUSINESS
3. 2009 Planning Commission Work Program discussion
4. Discuss cancelling the May 26, 2009 meeting

REPORT OF THE PLANNING COMMISSION
Environmental Review Committee
Housing Commission
Mayor's Monthly Meeting with Commissioners
Economic Development Committee Meeting

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this agenda, or in written correspondence delivered to the
City of Cupertino at, or prior to, the public hearing. Please note that Planning
Commission policy is to allow an applicant and groups to speak for 10 minutes
and individuals to speak for 3 minutes.

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.

Materials related to an item on this agenda submitted to the Planning Department
after distribution of the agenda packet are available for public inspection in
the Planning Department located at 10300 Torre Avenue, during normal business
hours.




[Non-text portions of this message have been removed]

Tuesday:  City Council Redevelopment Agency Study Session 05/05/2009 5:00 PM
Community Hall
Tuesday:  City Council Meeting  05/05/2009 6:45 PM Community Hall


Tuesday:  City Council Redevelopment Agency Study Session @ 5:00 PM

     The RDA study session meeting is scheduled for Tuesday at 5:00 pm in the
Community Hall.

     NO information packet was included in the announcement so we are concerned
as to what will be discussed in the RDA study session at 5:00.


Tuesday -- City Council Meeting

     Item 17: Consider Heart of the City Specific Plan Amendments

     It is very important to participate in these discussions due to their
potential proposed amendments to the Cupertino General Plan.



City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Gilbert Wong      777-3191 gwong@...
Mark Santoro      777-3193 msantoro@...
Dolly Sandoval    777-3192 dsandoval@...
Kris Wang         777-3194 kwang@...


--- City Council Agenda 05/05/2009 ---

AGENDA
CUPERTINO CITY COUNCIL -- REGULAR ADJOURNED MEETING
CUPERTINO REDEVELOPMENT AGENCY -- REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, May 5, 2009 5:00 p.m.

CITY COUNCIL MEETING STUDY SESSION - 5:00 p.m.
1. Redevelopment Agency Overview Presentation


PLEDGE OF ALLEGIANCE - 6:45 p.m.
ROLL CALL
CEREMONIAL MATTERS -PRESENTATIONS

2. The City of Cupertino wishes to recognize National Foster Caze Month and
declares the month of May as National Foster Care Month in Cupertino. (No
documentation in packet).

3. The City of Cupertino wishes to recognize Municipal Clerks Week and
recognizes the week of May 3-9, 2009, as Municipal Clerks Week in Cupertino. (No
documentation in packet).

4. The City of Cupertino wishes to recognize Water Awazeness Month and proclaims
the month of May, 2009, as Water Awareness Month in Cupertino. (No documentation
in packet).

POSTPONEMENTS -Continue item No. 15 to May 27

WRITTEN COMMUNICATIONS

ORAL COMMUNICATIONS
This portion of the meeting is reserved for person:: wishing to address the
council on any matter not on the agenda. Speakers aze limited to three (3)
minutes. In most cases, State law will prohibit the council from making any
decisions with respect to a matter not listed on the agenda.

CONSENT CALENDAR
Unless there aze separate discussions and/or actio~~s requested by council,
staff or a member of the public, it is requested that items under the Consent
Calendaz be acted on simultaneously.

5. Approve the minutes from the April 21 Cit3~ Council meeting.

6. Adopt resolutions accepting Accounts Pay:able for April 17 and 24, Resolution
Nos. 09-061 and 09-062.

7. Adopt a resolution accepting Payroll for Af~ril 17, Resolution No. 09-063.

8. Accept the Treasurer's Investment Report fir March 2009.

9. Adopt a resolution declaring brush growin\u20ac; on certain described
properties to be a public nuisance and settine a heazing for June 2 fir
objections to proposed removal, Resolution No. 09-064.

10. Accept an application for an Alcoholic Beverage License for Rice Cafe, 10074
E. Estates Dr., On-Sale Beer and Wine for Bona Fide Public Eating Place (41).

11. Adopt a resolution approving a Grant of Easement for Streetlight Purposes,
Srinivas Ramakuri and Rama Lakshmi Bhimavazapu, 10295 Wunderlich Drive, APN
375-16-019, Resolution No. 09-065. The owners of this property agree to grant to
the City the right to enter and use an easement to construct, repair, operate
and maintain improvements necessary for the operation of a streetlight.

12. Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Srinivas Ramakuri and Rama Lakshmi Bhimavazapu, 10295
Wunderlich Drive, APN 375-16-019, Resolution No. 09-066. 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.

13. Adopt a resolution approving an improvement agreement, Stelling Palms of
Cupertino, LLC, 10855 N. Stelline Road, Amended Map of Tract No. 9983,
Resolution No. 09-067. Through the improvement agreement with the City, the
applicant for a building permit for the development of twenty single family
residential units will be obligated to bond and construct city-specified
roadside improvements along the street frontage of their building site.


14. Adopt a resolution approving a Grant of Easement for Underground Public
Utility Easement and Easement for Streetlight Purposes, Wenshen Yu and Judy Yu,
10679 Minette Place, APN 375-32-039, Resolution No. 09-068. The owners of this
property agree to grant to the City the right to enter and use an easement to
construct, repair, operate and maintain improvements necessary for underground
public utilities and the operati~~n of a streetlight.

ITEMS REMOVED FROM THE CONSENT CALENDAR (above)

PUBLIC HEARINGS

15. Consider General Plan Amendments, Application Nos. GPA-2008-01, EA-2009-05,
GPA-2009-01, EA-2009-03, City of Cupertino, Citywide: (continue to May 27).

a) 2007-2014 Housing Element update and negative declaration

b) Increase the office allocation and negative declaration

16. Consider adopting a resolution adopting the 2009 Annual Action Plan and the
use of seventh program year (2009-10) Community Development Block Grant (CDBG)
Funds,Resolution No. 09-069.

UNFINISHED BUSINESS

17. Consider Heart of the City Specific plan amendments to achieve conformance
with the General Plan and to update the Heart of the City plan, Application Nos.
SPA-2008-01 Heart of the City, City of Cupertino, Stevens Creek Boulevard
between Highway 85 and the Eastern city limit (Continued from April 7). Conduct
the first reading of Ordinance No. 09-2044: "An Ordinance of the Cupertino City
Council adopting amendments to the [Heart of the City Specific Plan."

18. Conduct the first reading of Ordinance No. 09-2042: "An Ordinance of the
City Council of the City of Cupertino adding Chapter 16..74 to adopt the
Wildland Urban Interface Fire Area" (Continued from April 21).

19. Consider adopting a resolution amendine the fee schedule for 2009-10,
Schedule D, Miscellaneous Items, photovoltaic fees, Resolution No. 09-070.


NEW BUSINESS

20. Review and Approval of Relocation Impact Statement and Last Resort Housing
Plan for the Maitri Transitional Housing Program. Adopt a resolution adopting
the final relocation impact statement and last resort housing plan for 19489
Rosemarie Place, Cupertino, CA, Resolution No. 09-071.

21. Report of the Pavement Manaeement Program.

22. Consider cancelling the meeting of Mav 19 (no documentation in packet).

ORDINANCES
23. Conduct the second reading of Ordinance ]Vo. 09-2043: "An Ordinance of the
Cupertino City Council adding Section F to Chapter 1.12.010 of the Cupertino
Municipal Code regarding a $50 first infraction fine, a $100 second infraction
fine, a $200 third infraction fine, and thereafter for dogs running at large,
public nuisance, restraint of dogs, and dogs off-leash".

STAFF REPORTS

COUNCIL REPORTS

ADJOURNMENT
Adjourn to Wednesday, May 27 at 5:00 p.m. f'or a budget study session, City Hall
Room 100, 10300 Torre Avenue.

REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.

The City of Cupertino has adopted the provzsions~ of Code of Civil Procedure
X1094.6; litigation challenging a final decision of the City
Counci//R~~development Agency must be brought within 90 days after a decision is
announced unless a shorter time u required by State or Federal taw. 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 X2.08.096.

In compliance with the Americans with Disabilities Act (ADA), the City of
Cupertino will make reasonable efforts to accommodate persons with quatifsed
dssabitities. If you require special assistance, please contact the city clerk's
office at ~t08-777-3223 at feast 48 hours in advance of the meeting.

Any writings or documents provided to a majority cf the Cupertino City Council
after publication of the packet wilt be made available for public inspect~'on 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.




[Non-text portions of this message have been removed]

Tuesday:      Planning Commission Meeting 04/28/2009 6:45 PM

Planning Commission Meeting:

     Item 1: Rezone the Morley Bros/Apple. Site(Pruneridge Avenue @ Ridgeview
Court) From Planned Residential to Planned Development Industrial and
Residential


     Item 2: General Plan Housing Element Amendment
         The Planning Commission will review and discuss the General Plan Housing
Element Amendment that will determine where over 700 more HIGH DENSITY LOW
INCOME HOUSING UNITS will be placed in Cupertino in the coming years. This is an
important issue due to its large NEGATIVE impact on our Cupertino Schools as
well as the determination of the location of high density low income residential
development throughout Cupertino.


Planning Commissioners:
Marty Miller    mmiller@...
Lisa Giefer     lgiefer@...
David Kaneda    dkaneda@...
Paul Brophy     pauldbrophy@...
Winnie Lee      winnieleedds@...


--- Planning Commission Agenda 04/28/2009 ---

AGENDA
CUPERTINO PLANNING COMMISSION MEETING
Regular Meeting
10350 Torre Avenue, Community Hall Council Chamber
April 28, 2009

ORDER OF BUSINESS

SALUTE TO THE FLAG: 6:45 p.m.

ROLL CALL

APPROV AL OF MINUTES
A pri114, 2009

WRITTEN COMMUNICATIONS

POSTPONEMENTSjREMOV AL FROM CALENDAR

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
Commission on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the
Commission from making any decisions with respect to a matter not on the agenda.

CONSENT CALENDAR

PUBLIC HEARING

Item 1.

Application No.(s)   2-2009-01 (EA-2009-01)
Applicant:           James Fowler (Apple, INC)
Location:            Pruneridge Avenue @ Ridgeview Court

Rezoning of approximately 7.78 acres from a Planned Development Residential -
P(Res), to Planned Development Industrial and Residential- P(Mp, Res).

Tentative City Council Date: May 19, 2009

ACTION TO BE TAKEN:
Approve or deny 2-2009-01
Approve or deny EA-2009-01

OLD BUSINESS

Item 2.

Application No.(s) GP A-2008-01 (EA-2009-05)
Applicant:         City of Cupertino
Location:          Citywide


GP A-2008-01 (EA-2009-05)
City of Cupertino
Citywide

General Plan Amendment for 2007-2014 Housing Element update

Continued from the April 14, 2009 Planning Commission meeting Tentative City
Council Date: May 5, 2009

ACTION TO BE TAKEN:
Approve or deny GP A-2008-01

NEW BUSINESS

REPORT OF THE PLANNING COMMISSION
Environmental Review Committee
Housing Commission
Mayor's Monthly Meeting with Commissioners
Economic Development Committee Meeting

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this agenda, or in written correspondence delivered to the
City of Cupertino at, or prior to, the public hearing. Please note that Planning
Commission policy is to allow an applicant and groups to speak for 10 minutes
and individuals to speak for 3 minutes.

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.

Materials related to an item on this agenda submitted to the Planning Department
after distribution of the agenda packet are available for public inspection in
the Planning Department located at 10300 Torre Avenue, during normal business
hours.




[Non-text portions of this message have been removed]

Tuesday:      City Council Interviews     04/21/2009 4:30 PM Conference Room A
Tuesday:      City Council Closed Session 04/21/2009 5:00 PM Conference Room A
Tuesday:      City Council Meeting        04/21/2009 6:45 PM Community Hall

Tuesday -- City Council Meeting: 6:45 PM Community Hall

     Item 18: Discuss and Approve the 2009-10 Council Work Program



City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Kris Wang         777-3194 kwang@...
Mark Santoro      777-3193 msantoro@...
Gilbert Wong      777-3191 gwong@...
Dolly Sandoval    777-3192 dsandoval@...

--- City Council Agenda 04/21/2009 ---

AGENDA
CUPERTINO CITY COUNCIL
Regular Meeting
CUPERTINO REDEVELOPMENT AGENCY
Regular Meeting
10350 Torre Avenue, Community Hall Council Chamber
April 21, 2009


1.    Conduct interviews for a Housing Commission unscheduled vacancy.

2.    Public Employee Performance Evaluation - Government Code Section 54954.5
regarding the evaluation of the City Manager. (No documentation in packet).

3.    Appointment, Employment, Evaluation of Performance, Discipline or
Dismissal of Public Employee - Government Code Section 54957(b)(1) regarding
appointment of the City Attorney. (No documentation in packet).

PLEDGE OF ALLEGIANCE

ROLL CALL

CEREMONIAL MATTERS - PRESENTATIONS

4.    Presentation from the Hsinchu Sister City Association regarding student
exchange program and Chinese tea culture convention event. (No documentation in
packet).

POSTPONEMENTS

WRITTEN COMMUNICATIONS

ORAL COMMUNICATIONS

CONSENT CALENDAR

5.    Approve the minutes from the April 7 City Council meeting.

6.    Adopt resolutions accepting Accounts Payable for April 3 and 10,
Resolution Nos. 09-052 and 053.

7.    Adopt a resolution accepting Payroll for April 3, Resolution No. 09-054.

8.    Accept an application for an Alcoholic Beverage License for Café Torre,
20343 Stevens Creek Blvd. - On Sale Beer & Wine, Eating Place (41).

9.    Authorize the City Manager to negotiate and execute an agreement with the
Fremont Union High School District (FUHSD) for the provision of a summer school
program entitled College Planning Workshop.

10.    Accept municipal improvements, Chiao-Fu Chang and Sue-Fay L. Chang; KoK
Y. Ho and Yuet M. Ho; Hsing H Kung and Margaret Kung, 21711, 21713 and 21731
Alcazar Avenue, APN(s) 357-19-058,018,079,080.

11.    Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Paul De Cillis and Paula J. De Cillis, 19112 Tilson
Avenue, APN 375-09-001, Resolution No. 09-055.

12.    Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Louis Ying Lay and Phyllis Ann Choy Lay, 21600 Rainbow
drive, APN 366-38-012, Resolution No. 09-056.

13.    Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Lin Tu and Shao Jing Yuan Tu, 10552 John Way, APN
359-18-007, Resolution No. 09-057.

14.    Adopt a resolution authorizing the City Manager to execute a
Disadvantaged Business Enterprises Race-conscious Implementation Agreement with
the California Department of Transportation, Resolution No. 09-058.

15.    Assembly Bill (AB) 939 Solid Waste Management programs:

     a.    Adopt a resolution approving the Agency Agreement for the Countywide
AB939 Implementation Fee, Resolution No. 09-059

     b.    Adopt a resolution approving the agreement for Countywide Household
Hazardous Waste Collection Program, Resolution No. 09-060

PUBLIC HEARINGS

16.    Conduct the first of two public hearings regarding the use of seventh
program year (2009-10) Community Development Block Grant (CDBG) funds and Human
Service grants, and begin review of the 2009 Annual Action Plan.

17.    Conduct the first reading of Ordinance No. 09-2042: "An Ordinance of the
City Council of the City of Cupertino adding Chapter 16.74 to adopt the Wildland
Urban Interface Fire Area" (Continued from March 17).

UNFINISHED BUSINESS

18.    Approve the 2009-10 Council Work Program.

NEW BUSINESS

19.    Conduct the first reading of an ordinance reducing the infraction fine
for a first violation of dogs off-leash in parks, dogs running at large, public
nuisance, and restraint of dogs, Ordinance No. 09-2043: (choose one of the
following):

     a.    "An Ordinance of the Cupertino City Council adding section F to
Chapter 1.12.010 of the Cupertino Municipal Code regarding a $75 first
infraction fine for dogs running at large, public nuisance, restraint of dogs,
and dogs off-leash in parks."

     b.    "An Ordinance of the Cupertino City Council adding section F to
Chapter 1.12.010 of the Cupertino Municipal Code regarding a $75 first
infraction fine for dogs off-leash in parks."

ORDINANCES

20.    Conduct the second reading of Ordinance No. 09-2041: "An Ordinance of the
City Council of the City of Cupertino amending Sections 8.01.030 (Animals
Running at Large), 8.01.130 (Public Nuisance), and 8.03.010 (Restraint of Dogs)
of the Cupertino Municipal Code by adding the following: Any person who violates
this section shall be guilty of an infraction and upon conviction thereof shall
be punished as provided in Chapter 1.12."

STAFF REPORTS

COUNCIL REPORTS

ADJOURNMENT

The City of Cupertino has adopted the provisions of Code of Civil Procedure
§1094.6; litigation challenging a 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.

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.




[Non-text portions of this message have been removed]

Tuesday:      Planning Commission Meeting 04/14/2009 6:45 PM

Planning Commission Meeting:

     Item 2A: General Plan Housing Element Amendment
         The Planning Commission will review and discuss the General Plan Housing
Element Amendment that will determine where over 700 more HIGH DENSITY LOW
INCOME HOUSING UNITS will be placed in Cupertino in the coming years. This is an
important issue due to its large NEGATIVE impact on our Cupertino Schools as
well as the determination of the location of high density low income residential
development throughout Cupertino.

     Item 2B: General Plan Office Allocation Amendment
         This is an increase in the office allocation for Apple and HP. These
companies have not shown one set of conceptual plans to justify this increase.
The city has demanded this with all other developers but these companies say
trust us. Fair is fair the city should hold Apple/HP to the same standards as
all others, show us the plans and the city may provide the increase.


Planning Commissioners:
Marty Miller    mmiller@...
Lisa Giefer     lgiefer@...
David Kaneda    dkaneda@...
Paul Brophy     pauldbrophy@...
Winnie Lee      winnieleedds@...


--- Planning Commission Agenda 04/14/2009 ---

AGENDA
CUPERTINO PLANNING COMMISSION MEETING
Regular Meeting
10350 Torre Avenue, Community Hall Council Chamber
April 14, 2009


ORDER OF BUSINESS

SALUTE TO THE FLAG: 6:45 p.m.

ROLL CALL

APPROVAL OF MINUTES
March 24, 2009

WRITTEN COMMUNICATIONS

POSTPONEMENTS/REMOVAL FROM CALENDAR

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
Commission on any matter not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any
decisions with respect to a matter not on the agenda.

CONSENT CALENDAR

PUBLIC HEARING

1.
Application No.(s) U-2009-02, ASA-2009-02
Applicant : Muthana Ibrahim (Atam Sandhu)
Location  : 1699 S. De Anza Boulevard


2.
Application No.(s) GPA-2008-01 (EA-2009-05), GPA-2009-01 (EA-2009-03)
Applicant : City of Cupertino Location: Citywide

     A.    General Plan Amendment for 2007-2014 Housing Element update
     B.    General Plan Amendment to increase the office allocation


3.
Application No.(s) ASA-2009-03
Applicant : Barre Barnes (Pasricha residence)
Location  : 10450 Serra Street


REPORT OF THE PLANNING COMMISSION
Environmental Review Committee
Housing Commission
Mayor's Monthly Meeting with Commissioners
Economic Development Committee Meeting
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this agenda, or in written correspondence delivered to the
City of Cupertino at, or prior to, the public hearing.
Please note that Planning Commission policy is to allow an applicant and groups
to speak for 10 minutes and individuals to speak for 3 minutes.
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.




[Non-text portions of this message have been removed]

Tuesday:      City Council Meeting 04/07/2009 5:00 PM Community Hall STARTING AT
5:00 PM


Tuesday -- City Council Meeting: 5:00 PM Community Hall

     ++++  PLEASE NOTE START TIME IS 5:00 PM ++++


     Item 1: Heart Of the City Plan at 5:00 PM

     The latest recommendation in this iteration is proposing to allow creation
of the Grand Canyon effect along Stevens Creek Boulevard by allowing buildings
45 feet tall to be built within 20 feet of the curb.

     The proposal would also allow for massive high density residential
development along this corridor.

     This proposal by our city was defeated by the CITIZENS of Cupertino in 2003
and yet is back again for adoption by the City Council.

     This item, added into the recommendations at the last minute, is scheduled
to be discussed at 5:00 p.m. on Tuesday, April 7th, when concerned citizens are
at work and unable to participate in the process.


City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Kris Wang         777-3194 kwang@...
Mark Santoro      777-3193 msantoro@...
Gilbert Wong      777-3191 gwong@...
Dolly Sandoval    777-3192 dsandoval@...

--- City Council Agenda 04/07/2009 ---

AGENDA
CUPERTINO CITY COUNCIL
Regular Meeting
CUPERTINO REDEVELOPMENT AGENCY
Regular Meeting
10350 Torre Avenue, Community Hall Council Chamber
April 7, 2009

PLEDGE OF ALLEGIANCE

ROLL CALL

1.    Consider Heart of the City Specific plan amendments to achieve conformance
with the General Plan and to update the Heart of the City plan, Application Nos.
SPA-2008-01 Heart of the City, City of Cupertino, Stevens Creek Boulevard
between Highway 85 and the Eastern city limit (Continued from February 3).

CLOSED SESSION

2.    Report from Closed Session of March 24, 2009, regarding the City Manager's
evaluation. No action was taken.

CEREMONIAL MATTERS - PRESENTATIONS

3.    The City of Cupertino wishes to recognize Naomi Nakano-Matsumoto for being
selected as the 11th State Senate District's Woman of the Year by State Senator
Joe Simitian (D-Palo Alto).

POSTPONEMENTS

WRITTEN COMMUNICATIONS

ORAL COMMUNICATIONS

CONSENT CALENDAR

4.    Approve the minutes from the March 17 and March 24 City Council meetings.

5.    Adopt resolutions accepting Accounts Payable for March 6, 13 and 20,
Resolution Nos. 09-046 through 09-048.

6.    Adopt a resolution accepting Payroll for March 20, Resolution No. 09-049.

7.    Accept the Treasurer's Investment and Budget Report for February 2009,
including a report on General Fund Revenues and Expenditures.

8.    Adopt a resolution approving the destruction of records from the City
Clerk and Human Resource Departments, Resolution No. 09-050.

9.    Accept an application for an Alcoholic Beverage License for Fortune Garden
(formerly Lucy's Café), 21670 Stevens Creek Blvd., On-Sale Beer and Wine for
Bona Fide Public Eating Place (41) and Temporary Retail Permit - only in
conjunction with a Person-to-Person transfer (30).

10.    Accept municipal improvements, Granada Avenue Property, LLC, 21891
Granada Avenue, APN 357-16-019.

PUBLIC HEARINGS

11.    Consider adopting a resolution approving the 2009-10 fee schedule,
Resolution No. 09-051.(Staff suggests Council delay this item until after item
No. 13).

12.    Consider modification to an existing Use Permit (U-2002-06) to amend the
conditions to allow specialized tutorial or studio uses, and the amount of
office/retail uses along De Anza Boulevard.  Includes a reassessment of the
shared parking arrangement within the parking structure, Application No. 
M-2009-01, Tenny Tsai (Civic Center, LLC), 20050 Town Center Lane, APNs:
369-55-082 and 369-55-083.

UNFINISHED BUSINESS

NEW BUSINESS

13.    Consider the following actions for creating off-leash areas for dogs in
parks including, but not limited to:

     a)    Create a citizen group to work with city staff for site identification
and usage plan for an off-leash dog area in a city park. This could be a fenced
or unfenced area. The citizen group would gather park users' support, assist
with fundraising, conduct a 6-month trial period, assist with ongoing
housekeeping, and monitor behavior in area

     b)    Amend the City's 2009-10 fee schedule increasing the annual dog
license fee by $11.00 (from $15 to $26) for Cupertino residents

     c)    Authorize City staff to produce a community education about dog laws,
fines, and safety

     d)    Authorize City staff to discuss with the County of Santa Clara Parks
and Recreation the possibility of constructing a dog park at Stevens Creek
County Park

     e)    Conduct the first reading of Ordinance No. 09-2041: An Ordinance of
the City Council of the City of Cupertino amending Sections 8.01.030 (Animals
Running at Large), 8.01.130 (Public Nuisance), and 8.03.010 (Restraint of Dogs)
of the Cupertino Municipal Code by adding the following: Any person who violates
this section shall be guilty of an infraction and upon conviction thereof shall
be punished as provided in Chapter 1.12

     f)    Amend the City's Bail Schedule reducing the fine for dogs off- leash
and public nuisance to from $100 to $50

14.    Authorize the City Manager to negotiate and execute a contract with
KaBoom! Inc. for the construction of a playground at Blackberry Farm on June 6,
2009.

15.    Set an interview date for one unscheduled vacancy on the Housing
Commission. (Staff recommends April 21 beginning at 6:00 p.m.)

ORDINANCES

16.    Conduct the second reading and adopt Ordinance No. 09-2039: "An Ordinance
of the City Council of the City of Cupertino amending Chapter 19.28:
Single-Family Residential (R1) zones of the Cupertino Municipal Code regarding
the allowed ratio of second floor building area compared to the first floor
building area, second story exposed wall rule, second story setback surcharge,
clarification regarding gardening activity and minor language clean up to
improve readability of the document."

STAFF REPORTS

COUNCIL REPORTS

ADJOURNMENT

The City of Cupertino has adopted the provisions of Code of Civil Procedure
§1094.6; litigation challenging a 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.

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.




[Non-text portions of this message have been removed]

Tuesday:      City Council Study Session  03/17/2009 5:00 PM Community Hall
Tuesday:      Planning Commission Meeting 03/17/2009 6:45 PM Room 100 ( Old
Council Chambers )


Tuesday -- City Council Study Session: 5:00 PM Community Hall

     The City Council will study with staff these important items

     Item 1: Major Developments
         A. Cupertino Square update and discussion of development agreement

     Item 3: Organizational Improvements
         C Fiscal Strategic Plan for Cupertino

     Item 7: Planning
         A. Heart of the City
         B. General Plan Housing Element


City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Gilbert Wong      777-3191 gwong@...
Mark Santoro      777-3193 msantoro@...
Dolly Sandoval    777-3192 dsandoval@...
Kris Wang         777-3194 kwang@...


Tuesday -- Planning Commission Meeting:  6:45 PM Conference Room 100 (Old
Council Chambers)

     ++++  Please NOTE Change in Location Above ++++

     ++++ NOTE THAT THIS MEETING WILL NOT BE TELEVISED !!!!! +++++

     Item 1: Modification of a use permit to allow specialized tutorial or studio
uses and determine the amount of office/retail uses along De Anza Boulevard


Planning Commissioners:
Marty Miller    mmiller@...
Lisa Giefer     lgiefer@...
David Kaneda    dkaneda@...
Paul Brophy     pauldbrophy@...
Winnie Lee      winnieleedds@...


--- City Council Agenda 03/17/2009 ---

AGENDA
CUPERTINO CITY COUNCIL
Regular Meeting
CUPERTINO REDEVELOPMENT AGENCY
Regular Meeting
10350 Torre Avenue, Community Hall Council Chamber
March 24, 2009

ROLL CALL

NEW BUSINESS

1.    Select a date for the Teen Commission interviews.

2.    Conduct a study session regarding the City Council Work Program.

     Work Program

RECESS

CLOSED SESSION

3.    Appointment, Employment, Evaluation of Performance, Discipline or
Dismissal of Public Employee - Government Code Section 54957(b)(1) regarding the
evaluation of the City Manager. (No documentation in packet).

ADJOURNMENT

The City of Cupertino has adopted the provisions of Code of Civil Procedure
§1094.6; litigation challenging a 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.

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.


--- Planning Commission Agenda 03/17/2009 ---

City of Cupertino
10350 Torre Avenue, Cupertino, California 95014 (408) 777-3308
AGENDA OF THE MEETING OF THE PLANNING COMMISSION
Planning Commission meeting Room 100 (please note room change)
Tuesday, March 24, 2009, 6:45 p.m.

ORDER OF BUSINESS

SALUTE TO THE FLAG: 6:45 p.m.

ROLL CALL

APPROVAL OF MINUTES
March 10, 2009

WRITTEN COMMUNICATIONS

POSTPONEMENTS/REMOVAL FROM CALENDAR

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
Commission on any matter not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any
decisions with respect to a matter not on the agenda.

CONSENT CALENDAR

PUBLIC HEARING
1. Application No.(s)

Applicant:M-2009-01
Location: Tenny Tsai (Civic Park, LLC) 20050 Town Center Lane

Modification to a Use Permit (U-2002-06) to amend the conditions of approval to
allow specialized tutorial or studio uses and determine the amount of
office/retail uses along De Anza Boulevard. Includes a possible reassessment of
the shared parking arrangement within the parking structure Tentative City
Council date: April 7, 2009

ACTION TO BE TAKEN:
Approve or deny M-2009-01

OLD BUSINESS

NEW BUSINESS

REPORT OF THE PLANNING COMMISSION
Environmental Review Committee
Housing Commission
Mayor's Monthly Meeting with Commissioners
Economic Development Committee Meeting
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this agenda, or in written correspondence delivered to the
City of Cupertino at, or prior to, the public hearing.
Please note that Planning Commission policy is to allow an applicant and groups
to speak for 10 minutes and individuals to speak for 3 minutes.
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.




[Non-text portions of this message have been removed]

Tuesday:      City Council Meeting  03/17/2009 6:45 PM Community Hall

Tuesday -- City Council Meeting

     Item 13: Consider a Municipal Code amendment to the Single Family R1
ordinance

     Item 14: Receive information item on the Vallco (Cupertino Square)
Development Agreement expiration

     CCC agrees that it is paramount that this agreement should be allowed to
expire.

     The current agreement was initiated in 1992 and is presently problematic for
the community and reflects the current problems with Vallco (Cupertino Square).

     Once Vallco emerges from bankruptcy and the economy improves another
agreement may be drawn up with extensive citizen participation.


City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Gilbert Wong      777-3191 gwong@...
Mark Santoro      777-3193 msantoro@...
Dolly Sandoval    777-3192 dsandoval@...
Kris Wang         777-3194 kwang@...


--- City Council Agenda 03/17/2009 ---

CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, March 17, 2009
6:45 p.m.

CITY COUNCIL MEETING

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION

CEREMONIAL MATTERS  PRESENTATIONS

1.E-services presentation regarding on-line business license and permit
applications. (No documentation in packet).

POSTPONEMENTS  Item No. 12 postponed to April 7.

WRITTEN COMMUNICATIONS

ORAL COMMUNICATIONS

This portion of the meeting is reserved for persons wishing to address the
council on any matter not on the agenda.  Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the council from making any
decisions with respect to a matter not listed on the agenda.

CONSENT CALENDAR

Unless there are separate discussions and/or actions requested by council, staff
or a member of the public, it is requested that items under the Consent Calendar
be acted on simultaneously.

2.Approve the minutes from the March 3 and March 5 City Council meetings.

3.Adopt resolutions accepting Accounts Payable for February 20 and 27,
Resolution Nos. 09-037 and 09-038.

4.Adopt a resolution accepting Payroll for March 6, Resolution No. 09-039.
5.Accept the Treasurers Investment Report for January 2009.

6.Adopt a resolution approving the destruction of records from the Parks and
Recreation Department (Quinlan), Resolution No. 09-040.

7.Adopt a resolution approving an improvement agreement, Jie Mei, 10170
Peninsula Avenue, APN 326-22-038, Resolution No. 09-041.

Through the improvement agreement with the City, the applicant 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.

8.Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Jie Mei, 10170 Peninsula Avenue, APN 326-22-038,
Resolution No. 09-042.

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.

9.Accept municipal improvements , Lily Chang, Inc., a California corporation,
10121 Pasadena Avenue, APN 357-17-045.

The applicant has completed City-specified improvements in the City right-of-way
including underground utility lines, sidewalk, curb & gutter, street tree,
driveway approach, and grading work as required by the improvement agreement
with the City.

10.Adopt a resolution approving a Parcel Map, Louis Ying Lau and Phyllis Ann
Choy Lau, 21600 Rainbow Drive, APN 366-38-012, Resolution No. 09-033 (Continued
from Feb. 17).

Approval of the parcel map permits the map to be forwarded to the County for
recording, which completes the subdivision.

11.Accept an application for an Alcoholic Beverage License for Tatami Buffet,
10123 N. Wolfe Rd. (Cupertino Square)  On-sale Beer and Wine for Bona Fide
Public Eating Place (41).

ITEMS REMOVED FROM THE CONSENT CALENDAR (above)

PUBLIC HEARINGS

12.Consider conducting the first reading of Ordinance No. 09-2041: An Ordinance
of the City Council of the City of Cupertino adding Chapter 16.74 to adopt the
Wildland Urban Interface Fire Area (Postponed to April 7).


UNFINISHED BUSINESS

13.Consider a Municipal Code amendment to the Single Family R1 ordinance
(section 19.28.060) regarding the allowed ratio of the second floor building
area compared to the first floor building area, Application No. MCA-2008-03,
City of Cupertino, Citywide (Continued from Feb. 17).

The revised ordinance will consider adjusting the allowed ratio and associated
2nd floor setback surcharge/exposed wall rule to facilitate greater
architectural diversity, but will not consider increasing or decreasing the
total allowed building area on an R1 lot The ordinance amendment will also
include minor language clarifications relating to gardening activities and
miscellaneous wording changes to improve the readability of the document,

First reading of Ordinance No. 09-2039: An Ordinance of the City Council of the
City of Cupertino amending Chapter 19.28: Single-Family Residential (R1) zones
of the Cupertino Municipal Code regarding the allowed ratio of second floor
building area compared to the first floor building area, second story exposed
wall rule, second story setback surcharge, clarification regarding gardening
activity and minor language clean up to improve readability of the document.

NEW BUSINESS

14.Receive information item on the Vallco (Cupertino Square) Development
Agreement expiration.

15.Cupertino Teen Commission:

a)Consider recommendation from the Teen Commission to reduce the size of the
commission from 13 to 9 members

b)Select interview date (staff suggests Tues., May 26 beginning at 3:30 p.m.)

ORDINANCES

16.Conduct the second reading of Ordinance No. 09-2040: An Ordinance of the City
Council of the City of Cupertino amending Section 2.18.080 of the Municipal Code
relating to the City Attorney to clarify wording regarding evaluations.

STAFF REPORTS

17.Receive a status report on the Berry Court subdivision (formerly 21711,
21713, and 21731 Alcazar Avenue).

18.Receive an update of construction activities at the Villa Serra Apartments
located at 20800 Homestead Road.

19.Receive a report concerning a citizen complaint regarding excessive noise
from a roof mounted mechanical equipment located at the Marketplace Shopping
Center (Yogurtland), 19770 Stevens Creek Boulevard.

COUNCIL REPORTS

ADJOURNMENT

Adjourn to Tuesday, March 24 at 5:00 for a Council work program study session in
the Cupertino Community Hall Council Chamber, 10350 Torre Avenue, to be followed
by a closed session regarding the evaluation of the City Manager, City Hall
Conference Room A, 10300 Torre Avenue.

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 councils decision with respect to quasi-judicial actions, must first
file a petition for reconsideration with the city clerk within ten days after
the councils 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 clerks
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
regarding any item on this agenda will be made available for public inspection
in the City Clerks Office located at City Hall, 10300 Torre Avenue, during
normal business hours.




[Non-text portions of this message have been removed]

Tuesday:    Planning Commission Meeting    03/10/2009 6:45 PM Community Hall

Tuesday -- Planning Commission Meeting

     Item 1. Policy Exceptions to allow the construction of a 95 ft tall personal
wireless service facility 25 ft from a residence on a PG&E transmission tower at
Homestead Road @ North Stelling Road (Stelling Substation).

Planning Commissioners:
Marty Miller    mmiller@...
Lisa Giefer     lgiefer@...
David Kaneda    dkaneda@...
Paul Brophy     pauldbrophy@...
Winnie Lee      winnieleedds@...


--- Planning Commission Agenda 03/10/2009 ---

City of Cupertino
10350 Torre Avenue, Cupertino, California 95014 (408) 777-3308
AGENDA OF THE MEETING OF THE PLANNING COMMISSION
Planning Commission meeting
Cupertino Community Hall
Tuesday, March 10, 2009, 6:45 p.m.

ORDER OF BUSINESS

SALUTE TO THE FLAG:  6:45 p.m.

ROLL CALL

APPROVAL OF MINUTES

February 24, 2009

WRITTEN COMMUNICATIONS

POSTPONEMENTS/REMOVAL FROM CALENDAR

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
Commission on any matter not on the agenda.  Speakers are limited to three (3)
minutes.  In most cases, State law will prohibit the Commission from making any
decisions with respect to a matter not on the agenda.

CONSENT CALENDAR

PUBLIC HEARING
1.
Application No.(s)  DIR-2008-37, EXC-2008-17, V-2008-01
Applicant:          Dayna Aguirre (T-Mobile/PG&E)
Location:           Homestead Road @ North Stelling Road (Stelling Substation)

Director's Minor Modification to allow the construction of a personal wireless
service facility, consisting of eight panel antennas and a microwave dish
mounted on a rack affixed to an existing PG&E lattice tower and a base equipment
enclosure located beneath the lattice tower; A Height Exception to allow eight
panel antennas to be mounted at a height of about 95 feet and a microwave dish
to be mounted at a height of about 86 feet on a lattice tower where 55 feet is
allowed;

A Variance to allow panel antennas of a personal wireless service facility to be
setback a minimum of 25 feet (horizontal distance) and a microwave dish to be
setback a minimum of 24 feet (horizontal distance) from a residential property
line where 50 feet is required.

Planning Commission decision final unless appealed



ACTION TO BE TAKEN:
Approve or deny DIR-2008-37
Approve or deny EXC-2008-17
Approve or deny V-2008-01


NEW BUSINESS
2.
Update on the City's Green Building Initiative by Erin Cooke, Environmental
Affairs Coordinator

REPORT OF THE PLANNING COMMISSION

Environmental Review Committee
  Housing
Commission

Mayor's Monthly Meeting with Commissioners

Economic Development Committee Meeting

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

ADJOURNMENT

If you challenge the action of the Planning Commission in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this agenda, or in written correspondence delivered to the
City of Cupertino at, or prior to, the public hearing.  Please note that
Planning Commission policy is to allow an applicant and groups to speak for 10
minutes and individuals to speak for 3 minutes.

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.




[Non-text portions of this message have been removed]

Tuesday:      City Council Meeting  03/03/2009 6:45 PM Community Hall

Tuesday -- City Council Meeting

     Item 13: Consider approving a contract for City Attorney services

     Item 14: Consider renewing the voluntary cap of $26,500 for campaign
expenditures for the 2009 City Council election

     Item 16: Set a date for the Annual Council work program study session.
(Staff recommends March 17 at 4:00 p.m.). (No documentation in packet).


City Council Members:
Orrin Mahoney     777-3195 omahoney@...
Gilbert Wong      777-3191 gwong@...
Mark Santoro      777-3193 msantoro@...
Dolly Sandoval    777-3192 dsandoval@...
Kris Wang         777-3194 kwang@...


--- City Council Agenda 03/03/2009 ---

AGENDA
CUPERTINO CITY COUNCIL
Regular Meeting
CUPERTINO REDEVELOPMENT AGENCY
Regular Meeting
10350 Torre Avenue, Community Hall Council Chamber
March 3, 2009


CLOSED SESSION

1.    Appointment, Employment, Evaluation of Performance, Discipline or
Dismissal of Public Employee - Government Code Section 54957(b) (1) regarding
the selection of a City Attorney. (No documentation in packet).

PLEDGE OF ALLEGIANCE

ROLL CALL

CEREMONIAL MATTERS - PRESENTATIONS

POSTPONEMENTS

WRITTEN COMMUNICATIONS

ORAL COMMUNICATIONS

CONSENT CALENDAR

2.    Approve the minutes from the February 17 City Council meetings.

3.    Adopt resolutions accepting Accounts Payable for February 6 and 13,
Resolution Nos.  09- 026 and 09-027.

4.    Adopt a resolution accepting Payroll for February 20, Resolution No.
09-028.

5.    Adopt a resolution supporting the efforts of the Santa Clara County Cities
Association in promoting a regional approach on the use of disposable, single
use carry-out bags, Resolution No. 09-029.

6.    Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Mohit Doshi and Monika Doshi, 10651 Carver Drive, APN
375-34-049-00, Resolution No. 09-030.

7.    Adopt a resolution accepting a Grant of Easement for Roadway Purposes,
Michelle Wang and Cheng-Yuan Michael Wang, 21885 McClellan Road, APN 357-14-008,
Resolution No. 09-031.

8.    Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Michelle Wang and Cheng-Yuan Michael Wang, 21885
McClellan Road, APN 357-14-008, Resolution No. 09-032.

9.    Adopt a resolution approving a Parcel Map, Louis Ying Lau and Phyllis Ann
Choy Lau, 21600 Rainbow Drive, APN 366-38-012, Resolution No. 09-033.

10.    Adopt a resolution accepting a Grant of Easement for Streetlight
Purposes, Bill Sullivan, 10430 Calvert Drive, APN 375-18-003, Resolution No.
09-034.

11.    Adopt a resolution accepting a Quitclaim Deed and Authorization for
Underground Water Rights, Barbara Jean Risher, 21834 Corte Madera Lane, APN
326-45-042, Resolution No. 09-035.

PUBLIC HEARINGS

UNFINISHED BUSINESS

12.    Accept the Planning Commission recommendation to appoint Lisa Giefer as
the Environmental Review Committee representative. (Continued from Feb. 3).

13.    Consider approving a contract for City Attorney services. (No
documentation in packet).

     A.    Terminate the currently approved contract for City Attorney services
pursuant to Section 5.01.d(4) of the contract.

     B.    Consider approving a new contract for City Attorney services.

NEW BUSINESS

14.    Consider renewing the voluntary cap of $26,500 for campaign expenditures
for the 2009 City Council election, Resolution No. 09-036.

15.    Conduct the first reading of Ordinance No. 09-2040: "An Ordinance of the
City Council of the City of Cupertino amending Section 2.18.080 of the Municipal
Code relating to the City Attorney to clarify wording regarding evaluations".

16.    Set a date for the Annual Council work program study session. (Staff
recommends March 17 at 4:00 p.m.). (No documentation in packet).

ORDINANCES

STAFF REPORTS

17.    Receive a report from the Teen and Public Safety Commissions regarding a
Walk/Bike/Carpool to school Program. (No documentation in packet).

COUNCIL REPORTS

ADJOURNMENT

The City of Cupertino has adopted the provisions of Code of Civil Procedure
§1094.6; litigation challenging a 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.

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.




[Non-text portions of this message have been removed]

Tuesday:    Planning Commission Meeting    02/24/2008 6:45 PM Community Hall

Tuesday -- Planning Commission Meeting

     Item 1. Use Permit and Architectural and Site Approval to expand a 2,864 sq
ft building to a 4,871 square foot retail commercial building next to the Donut
Wheel on DeAnza Blvd

Planning Commissioners:
Marty Miller    mmiller@...
Lisa Giefer     lgiefer@...
David Kaneda    dkaneda@...
Paul Brophy     pauldbrophy@...
Winnie Lee      winnieleedds@...


--- Planning Commission Agenda 02/24/2009 ---

City of Cupertino
10350 Torre Avenue, Cupertino, California 95014 (408) 777-3308
AGENDA OF THE MEETING OF THE PLANNING COMMISSION
Planning Commission meeting
Cupertino Community Hall
Tuesday, February 24, 2009, 6:45 p.m.

ORDER OF BUSINESS

SALUTE TO THE FLAG:  6:45 p.m.

Election of Vice Chair

Environmental Review Committee representative--Recommendation to City Council.
Meets 1st and 3rd Thursdays at 9:30 a.m.

Housing Commission representative.   Meets 2nd Thursday at 9:00 a.m.

Design Review Committee representative and alternate.
Meets 1st and 3rd Thursdays at 5:30 p.m.

Economic Development Committee representative.  Meets 2nd Tuesday, Quarterly
beginning
in February, at 3:30 p.m.  2009 Schedule:  2/4, 5/6, 8/8, 11/4

Attendance at the Mayor's Breakfast:  February 10, 2009 at 8:00 AM, location TBA

ROLL CALL

APPROVAL OF MINUTES
January 27, 2009

WRITTEN COMMUNICATIONS


POSTPONEMENTS/REMOVAL FROM CALENDAR

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the
Commission on any matter not on the agenda.  Speakers are limited to three (3)
minutes.  In most cases, State law will prohibit the Commission from making any
decisions with respect to a matter not on the agenda.

CONSENT CALENDAR

PUBLIC HEARING

1.

Application No.(s)      U-2009-01, ASA-2009-01
Applicant:              Eugene Sakai (Plautz)
Location:               10212 N De Anza Blvd

Use Permit and Architectural and Site Approval to allow for a 4,871 square foot
retail commercial building consisting of a 2,007 square foot retail addition,
conversion of an existing 2,864 square foot former auto repair building into
retail commercial, and associated site improvements.

Tentative City Council date: March 17, 2009

Planning Commission Agenda of February 24, 2009

ACTION TO BE TAKEN:
Approve or deny U-2009-01
Approve or deny ASA-2009-01

OLD BUSINESS

NEW BUSINESS

REPORT OF THE PLANNING COMMISSION

Environmental Review Committee
Housing Commission

Mayor's Monthly Meeting with Commissioners

Economic Development Committee Meeting

REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT

ADJOURNMENT

If you challenge the action of the Planning Commission in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this agenda, or in written correspondence delivered to the
City of Cupertino at, or prior to, the public hearing.  Please note that
Planning Commission policy is to allow an applicant and groups to speak for 10
minutes and individuals to speak for 3 minutes.

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.




[Non-text portions of this message have been removed]