00. AgendaCUPERTINO
AGENDA
CUPERTINO CITY COUNCIL -~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, January 20, 2009
5:00 p.m.
CITY COUNCI, MEETING
CLOSED SESSION - 5:00 p.m.
1 . Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public
Employee -Government Code Section 54957(b)(1) regarding the Citv Attorney. (No
documentation in packet).
PLEDGE OF ALLEGIANCE - 6:45 p.m.
ROLL CALL
CEREMONIAL MATTERS -PRESENTATIONS
2. E-services presentation regarding the disaster mapping proiect. (No documentation in
packet).
POSTPONEMENTS: Item #8 postponed to Febn:iary 3, 2009.
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 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. Adopt a resolution accepting Accounts Pay:~ble for January 9, 2009, Resolution No. 09-
010.
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Cupertino Redevelopment Agency
4. Adopt a resolution accepting Payroll for January 9, Resolution No. 09-01 1.
5. Adopt a resolution approving the destruction of records from the Human Resources,
Finance, Code Enforcement, Parks 8z Recreation, and City Clerk Departments,
Resolution No. 09-012.
6. Accept an application for an Alcoholic Beverage License for Regus, 10297 S. De Anza
Blvd., On-Sale Beer 8c Wine -Public Premises (42).
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
7. Consider Application Nos. U-2008-02, ASA-2008-07, TR-2008-09 (EA-2008-08),
Rajeev Chopra (Ebrahim Kaabipour), a 5-story hotel on 10165 N De Anza Blvd.
(Continued from Dec. 2):
a) Negative declaration
b) Use Permit and Architectural and Site approval to demolish an existing gasoline
station/car wash and construct a 5=story. 138 room hotel of approximately 82,000
square feet, which will include a restaurant, bar, lounge and conference rooms
built over atwo-level underground Larking podium that contains tandem parking
c) Tree Removal request to remove 6 trees and replace with a comprehensive
landscape plan
8. Consider Application No. SPA-2008-01; Heart of the City; Stevens Creek Boulevard
between Highway 85 and the Eastern city limit. Heart of the City Specific plan
amendments to achieve conformance with the General Plan. (Postponed to February 3,
2009).
UNFINISHED BUSINESS
9. Consider Application Nos. U-2008-01, EA-2008-07, ASA-2008-06, TM-2008-01, TR-
2008-08, Kevin Dare / 500 Forbes, LLC Liouth Vallco Main Street Project); North Side
of Stevens Creek Boulevard between Finch Avenue 8z Tantau Avenue, APN Nos. 316-20-
078, 316-20-079, 316-20-085: (Continued from January 12):
a) Certify Final Environmental Imuact Revort (EIR), including the Statement of
Overriding Considerations
b) Use Permit and Architectural and Site Annroval for a master plan for amixed-use
development consisting of approximately: 147,000 square feet of retail
January 20, 2009 Cupertino City Council Page 3
Cupertino Redevelopment Agency
commercial; 100,000 square feet of office; a 150 room hotel a 160 unit senior (age
restricted housing facility; 145,003 square feet of athletic club; a four level
parking garage and a 1.6 acre park/town square. (A project alternative consists of
approximately 205,000 square feet Hof office and a 250-room hotel in place of the
athletic club)
c) Tentative map to subdivide 3 parcels (approximately 18.7 acres) into 5 parcels for
a master plan for amixed-use development consisting of approximately: 147,000
square feet of retail commercial, 100,000 square feet of office, a 150 room hotel, a
160 unit senior (age restricted) housing, facility, 145,000 square foot athletic club,
a four level parking garage and a L6 acre park/town square. (A project alternative
consists of approximately 205,000 square feet of office and a 250 room hotel in
place of the athletic club)
d) Tree Removal request to remove approximately 93 trees in conjunction with a
proposed master plan for amixed-u:;e development
1 O. Consider implementing Phase II of the City Wellness Program. (Continued from January
12).
NEW BUSINESS
1 1. Review and approve 2008-09 mid-year budget adjustment #2 which includes a report on
City revenue and expenditures.
12. Award a contract for the Snorts Court/Te:nnis Li~htine Upc?rade Project at the Sports
Center to Cupertino Electric in the amount of $254,000.00 for the Tennis Court Lighting
Upgrade Base Bid and authorize a constn;iction contingency in the amount of $ 35,000
and approve the installation of a safety cover over the swimming pool.
Merge Account 420-9236 -Tennis Court Lighting into Account 420-9231 -Sports Court
and Pool Demo for a total budget for the combined project of $750,000.
13. Conduct the first reading of Ordinance P.To. 09-2037: "An Ordinance of the City of
Cupertino adding Chapter 19.118.00 requiring artwork in public and private
developments."
14. Authorize the Mayor to sign the contract for City Attorney. (No documentation in
packet).
ORDINANCES
STAFF REPORTS
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Cupertino Redevelopment Agency
COUNCIL REPORTS
ADJOURNMENT
Adjourn to Tuesday, January 27 at 6:00 p.m. for commission interviews, Cupertino 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 Civit Procedure §1094.6; litigation
challenging a final decision of the City Counci!/Redevelopment Agency must be brought within 90
days after a decision is announced unless a shorter time is required by State or Federat 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 fate a petition for reconsideration with the
city clerk within ten days after the council's decision. Any petition so fated must comply with
municipat ordinance code X2.08.096.
In compliance with the Americans with Disabititi~es Act DADA), the City of Cupertino wilt make
reasonable efforts to accommodate persons with qual jed dtsabitities. If you require special
assistance, please contact the city clerk's office at 5-08-777-3223 at least 48 hours in advance of the
meeting.
Any writings or documents provided to a majority af'the Cupertino City Council regarding any item
on this agenda will be made avaitable for public in:~pection in the City Clerk's Office Located at City
Hatt, 10300 Torre Avenue, during normal business i!ours.