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00. AgendaCUPERTINO AGENDA CUPERTINO CITY COUNCIIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, Octok~er 20, 2009 6:45 p.m. CITY COUNCII. MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS -PRESENTATIONS 1. Presentation regarding on-line permitting. (~1o documentation in packet). 2. Presentation of first place award in national competition from the City County Communicators Association to Web Sne~~ialist Nidhi Mathur. (No documentation in packet). 3. Presentation of third place award in national competition from the City County Communicators Association to Senior Recreation Supervisor Julia Lamy. (No documentation in packet). 4. Proclamation recognizing the Friends of thf; Cupertino Library during National Friends of Libraries week. (No documentation in packet). 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. October 20, 2009 Cupertino City Council Page 2 Cupertino Redevelopment Agency CONSENT CALENDAR Unless there are separate discussions and/or actio~as requested by council, staff or a member of the public, it is requested that items under the Con:~ent Calendar be acted on simultaneously. 5. Approve the minutes from the October 6 City Council meeting. 6. Adopt resolutions accepting Accounts Pay:able for October 2 and 9, Resolution Nos. 09- 162 and 09-163. 7. Adopt a resolution accepting Payroll for October 2, Resolution No. 09-164. 8. Adopt a resolution approving an im rovement agreement, Felicia Chow, 10460 South Foothill Boulevard, APN 357-04-010, Resolution No. 09-165. Through the improvement agreement with the City, the applicant 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. 9. Adopt a resolution approving a Stormwater Management Facility Easement Agreement, St. Jude the Apostle Episcopal Church, 20920 McClellan Road, APN 359-20-028, Resolution No. 09-166. Through an agreement with the City, the property owner of this commercial 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. 10. Adopt a resolution approving a Stormv~~ater Management Facilities Operation And Maintenance Agreement, St. Jude the Apostle Episcopal Church, 20920 McClellan Road, APN 359-20-028, Resolution No. 09-167. Through an agreement with the City, the property owner of this commercial 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. 11. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, St. Jude the Apostle Episcopal Church, 20920 McClellan Road, APN 359-20-028, Resolution No. 09-168. The property owner of this commercial de~relopment agrees to grant to the City the right to extract water from the basin under the overlying property. October 20, 2009 Cupertino City Council Page 3 Cupertino Redevelopment Agency 12. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Felicia Chow, 10460 South Foothill Boulevard, APN 357-•04-010, Resolution No. 09-169. The property owner of this residential development agrees to grant to the City an easement for public roadway purposes, togf;ther with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 13. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Felicia Chow, 10460 South Foothil l Boulevard, APN 357-04-010, Resolution No. 09-170. 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. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 14. Consider a Municipal Code amendment to Title 17 of the Cupertino Municipal Code s ordinance, Application No. MCA-2009-01, City of Cupertino, Citywide. First reading of Ordinance No. 09-2050: "An ordinance of the Cupertino City Council amending Title 17, Sign Ordinance, of the (:upertino Municipal Code." UNFINISHED BUSINESS NEW BUSINESS 15. Consider approving the final employment contract for the City Attorney and adopt a resolution requesting the California Public: Employees' Retirement System (Ca1PERS) Board of Administration approve the extension of the temporary appointment of retired annuitant Carol Korade beyond 960 hours in Fiscal Year 2009-2010 by 630 Hours, extending the 960 hours for the City Attorney, Resolution No. 09-171. 16. Consider changes to future meeting dates: A. Nov. 3 -Code Section 2.04.010 states that "City Council meetings that fall on any Election Tuesday shall automatic~illy be moved to the first Monday of the month." Does Council wish to hold a meeting on Monday, Nov. 2, change it to a different day, or cancel it? B. Nov. 17 -Does Council wish to held a study session on the Mary Ave. Village project before the regular meeting? October 20, 2009 Cupertino City Council Page 4 Cupertino Redevelopment Agency C. Dec. 1 -The installation ceremony i'or City Council will be held on Dec. I, and no regular business items will be schc;duled for that meeting. If a matter of some urgency should arise, does Council ~~vish to meet on a different day that week? D. Jan. 5 -Consider cancelling this meeting. Normal packet delivery would be Dec. 30. City Hall is closed beginning Dec 24, and re-opens January 4. The Planning Commission may cancel their December 22 meeting. ORDINANCES 17. Conduct the second reading of Ordinanc;e No. 09-2049, "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Section 14.04.040, Street Improvements: Requirerr~ents -General, to include language regarding rural and semi-rural deli nation for properties with frontage along more than one street". STAFF REPORTS COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure X1094.6; litigation challenging a final decision of the City CounciURE~development Agency must be brought within 90 days after a decision is announced unless a shorter h`me 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 9'08-777-3223 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.