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00. AgendaAmended on Feb. 11: • Change license type to Off-Sale General for Item No. 16 • Add Item No. 16a • Add ordinance title wording for Item No. 18 CUPERTINO AGENIDA CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, Febru:~ry 16, 2010 6:00 p.m. CITY COUNCII. MEETING PLEDGE OF ALLEGIANCE - 6:00 p.m. ROLL CALL CLOSED SESSION CEREMONIAL MATTERS - PRESENTATIOKS 1. Presentation from the Teen Commission on the "Walk One Week" program. 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. 2. Approve the minutes from the Jan. 12, 19, 25, 27, and Feb. 2 City Council meetings. 3. Adopt resolutions accepting Accounts Payable for January 29 and February 5, 2010, Resolution Nos. 10-028 and 10-029. 4. Adopt a resolution accepting Payroll for February 5, Resolution No. 10-030. February 16, 2010 Cupertino City Council Page 2 Cupertino Redevelopment Agency 5. Accept the Treasurer's Investment & Budue;t Report for December 2009. 6. Authorize the City Manager to negotiate and execute a contract with KaBOOM! Inc. in the amount of $76,800 for the construction of a playground at Sterling Park. 7. Approve a fee waiver request from the Lea~,ue of Women Voters of Cupertino-Sunnyvale of approximately $300.00 in facility use fees for the use of the Cupertino Community Hall for a candidate forum for the District Attorney and the County Sheriff on May 12, 2010 from 6:00 p.m. until 9:30 p.m. 8. Accept a donation from Cupertino 2004 Las Madras Playgroup in the amount of $392.85 and appropriate it to purchase new bike racks for Blackberry Farm Park. 9. Adopt a resolution adopting the Public .Agency Retirement Services (PARS) Public Agency Post-Retirement Health Care Plan Trust, to fund retiree medical benefits, Resolution No. 10-031. 10. Adopt a resolution authorizing execution of a Quitclaim Deed, Hatco Associates, LLC, 10495 N. De Anza Boulevard, APN 326-33-110, Resolution No. 10-032. The Owners of the properly at 10495 N..De Anza Boulevard have asked that the City quitclaim a Development Agreement that vas signed between the City and the owner of the property in 1977. All conditions of the Agreement have been satisfied and the City has no further interest in the Agreement. 11. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, David K. Kaneda and Stephania Wong Kaneda, 21350 Vai Avenue, APN 362-05- 029, Resolution No. 10-033. The property owners of this residential devE:lopment agree to grant to the City the right to extract water from the basin under the overlying properly. 12. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Tsai Zong Lin and Shih Ling Cheri, 10150 Lockwood Drive, APN 342-14-111, Resolution No. 10-034. 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. Accept municipal improvements, Evershine VI, LLC, Marketplace Shopping Center, 19620-19780 Stevens Creek Boulevard, APN's 369-06-009 and 369-06-010. The applicant has completed City-specified improvements in the City right-of--way including sidewalk, curb & gutter, an~i driveway approach as required by the improvement agreement with the City. February 16, 2010 Cupertino City Council Page 3 Cupertino Redevelopment Agency 14. Adopt a resolution accepting a uitclaim Deed and Authorization for Underground Water Rights, Martha Shan Ping Kang, 20874 Ha~lford Drive, APN 326-30-059, Resolution No. 10-035. 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. 15. Accept an application for an Alcoholic Beverage License for Harumi Sushi, 19754 Stevens Creek Blvd., On-Sale Beer & Wine: -Eating Place (41). 16. Accept an application for an Alcoholic leverage License for Target, 20745 Stevens Creek Blvd., Off-Sale Beer & Wine (20) and Off-Sale General (21). 16a. Adopt a resolution amending Resolution N~o. 09-171 and requesting the California Public Employees' Retirement System (Ca1PER'S) Board of Administration to approve the extension of the temporary appointment of retired annuitant Carol Korade beyond 960 hours in Fiscal Year 2009-2010, Resolution. No. 10-036. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) UNFINISHED BUSINESS 17. Scenic Circle access to Stevens Creek Corridor Park: A. Approve the design and construction of an additional public access point to Stevens Creek Corridor Park and Blackberry Farm from the west side of the Creek near Scenic Circle B. If approved, consider three alternative project options and approve Alternative B as a new capital improvement project and budget in the amount of $235,000 to design and construct the ADA modifications to the existing maintenance footbridge and a code compliant ac<;ess trail from Scenic Circle to the east side of Stevens Creek in Blackberry Farm * NOTE: at the Feb. 2 meeting, the City Council expressed its intent to re-order the agenda to hear the Scenic Circle item before the Heart of the Ci * February 16, 2010 Cupertino City Council Page 4 Cupertino Redevelopment Agency PUBLIC HEARINGS 18. Consider Application No. SPA-2008-01, City of Cupertino, Stevens Creek Boulevard between Highway 85 and eastern City limits - Heart of the City Specific Plan Amendments to achieve conformance with the General Plan. Conduct the first reading of Ordinance No. 10-2055: "An Ordinance of the City Council of the City of Cupertino amending the Heart of the City Specific Plan to update the Heart of the City Specific Plan and achieve conformance with the General Plan." NEW BUSINESS 19. Conduct the first reading of Ordinance No, 10-2054: "An Ordinance of the City Council of the City of Cupertino adopting Section 1.18.040 of the Cupertino Municipal Code regarding exhaustion of administrative remE:dies with respect to claims against the City." 20. Select an interview date of Tuesday, March 2 at 6:00 p.m. to interview applicants for the Financial Representative to the Housing Commission. (No documentation in packet). ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT Adjourn to Tuesday, February 23 at 3:00 p.m. for a City Council Work Program study session, Cupertino Community Hall Council Chamber, 103:0 Torre Avenue. February 16, 2010 Cupertino City Council Page 5 Cupertino Redevelopment Agency 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 Council/RE~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, 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 a 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. THE CITY COUNCIL AND STAFF CITY COUNCIL Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five-member City Council with the Mayoras the presiding officer. City Council members are elected at-large to four-year, overlapping terms. Each November a mayor and avice-mayor are selected by the City Council for aone-year term. The City Council receives advice and assistance from ten commissions, which are appointed by the Council. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safet~r Commission, Senior Citizens Commission, Teen Commission, and the Technology, Information, and Communic~jtions Commission. Council members also serve on a variety of regional bodies, including: • Association of Bay Area Governments • Bay Area Air quality Management District Board • North Central & Northwest Flood Control Zone Advisory Committee • Santa Clara County (SCC) Cities Association • SCC Committee on Housing and Community Block Grants • SCC Emergency Preparedness Commission • SCC Transportation Agency Board • SCC Water Commission • West Valley Mayors and Managers REDEVELOPMENT AGENCY Members of the City Council also serve as the Cupertino Redevelopment Agency Board of Directors. The Redevelopment Agency Meetings, when needed, are held immediately followin@; City Council meetings. STAFF The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole. TYPES OF COUNCIL ACTIONS ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a "first reading." At a subsequent Council meeting, there will be a "second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be suk~mitted in writing to the City Clerk within 14 calendar days of the action. RECONSIDERATION Any interested person, including the applicant, prior to seeking a 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 business days of the Council's decision. Any petition so filed must compl~~ with Municipal Ordinance Code 2.08.096.