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Agenda.pdf AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, September 20, 2011 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION -None CEREMONIAL MATTERS – PRESENTATIONS 1. Subject: Proclamation recognizing The Forum on their 20th anniversary Recommended Action: Present proclamation Page: No written materials in packet POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. 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. Subject: September 6 City City Council minutes Recommended Action: Approve minutes Draft Minutes Page: 8 Tuesday, September 20, 2011 Cupertino City Council Cupertino Redevelopment Agency 3. Subject: Accounts Payable for period ending August 26, 2011 Recommended Action: Adopt Resolution No. 11-159 Draft Resolution Page: 17 4. Subject: Accounts Payable for period ending September 2, 2011 Recommended Action: Adopt Resolution No. 11-160 Draft Resolution Page: 27 5. Subject: Payroll for period ending September 2, 2011 Recommended Action: Adopt Resolution No. 11-161 Draft Resolution Page: 39 6. Subject: Municipal Improvements, Sang Oh Lee and Hye Young Lee, 22685 Stevens Creek Boulevard, APN 342-12-024 Recommended Action: Accept Municipal Improvements Description: The work included sidewalk, curb & gutter and driveway approach improvements Staff Report Map Page: 40 7. Subject: Municipal Improvements, Carola V. Elliott, 10128 Lebanon Drive, APN 342-14-023 Recommended Action: Accept Municipal Improvements Description: The work consisted of sidewalk, curb & gutter and driveway approach improvements Staff Report Map Page: 42 8. Subject: Municipal Improvements, Cheng-Yuan Michael Wang and Michelle Fan Wang, 10170 Santa Clara Avenue, APN 326-24-046 Recommended Action: Accept Municipal Improvements Description: The work included sidewalk, curb & gutter, street tree and driveway approach improvements Staff Report Map Page: 44 Tuesday, September 20, 2011 Cupertino City Council Cupertino Redevelopment Agency 9. Subject: Stevens Creek Corridor Project Phase 2, Project 9134 -Grant application authorization Recommended Action: Adopt Resolution No. 11-162 authorizing application for Habitat Conservation Fund Funding for Stevens Creek Corridor Park and Restoration Phase 2, Project 9134 Staff Report Draft Resolution Page: 46 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS -None UNFINISHED BUSINESS 10. Subject: Stevens Creek Corridor Park and Restoration Phase 2 -Environmental clearance documents Recommended Action: Adopt the mitigated negative declaration and associated environmental clearance documents for Stevens Creek Corridor Park and Restoration Phase 2, Project 9134 Staff Report Attachment A -SCC Phase 2, Initial Study & Mitigated Negative Declaration Attachment B -SCC Phase 2, Responses To Comments Attachment C -SCC Phase 2, Mitigation,Monitorin g & Reporting Plan Attachment D -ERC Minutes -August 18, 2011 Page: 48 48 NEW BUSINESS 11. Subject: Appropriation of Match Funding for Dedication of Don Burnett Bicycle-Pedestrian Bridge Recommended Action: Approve the appropriation of funds to match contribution Description: The official name of the formerly known Mary Avenue Bridge is now the “Don Burnett Bicycle-Pedestrian Bridge.” The Friends of Don Burnett has asked for the City’s assistance in coordinating and advertising a naming ceremony to be held at the south entrance to the bridge on October 8, 2011. The Friends would also like the City’s assistance in matching funds for a plaque that will be installed near the bridge approach. Staff Report Attachment A -Don Burnett Legislature Bill Page: 316 Tuesday, September 20, 2011 Cupertino City Council Cupertino Redevelopment Agency 12. Subject: Library Commission's recommendation for the appointment of the first Cupertino Poet Laureate Recommended Action: Adopt Resolution No. 11-163 approving the appointment Staff Report Draft Resolution Page: 319 ORDINANCES 13. Subject: Ordinance to "Opt-In" to a Voluntary Alternative Redevelopment Program under ABx1 27, the Voluntary Program Act Recommended Action: Conduct second reading and enact Ordinance No. 11-2080: "An Ordinance of the City Council of the City of Cupertino enacted pursuant to Health and Safety Code section 34193 to elect and implement participation by the City of Cupertino and the City of Cupertino Redevelopment Agency in the Voluntary Alternative Redevelopment Program pursuant to part 1.9 of the California Community Redevelopment Law" Staff Report Draft Ordinance Page: 322 STAFF REPORTS COUNCIL REPORTS JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING ROLL CALL – Redevelopment Agency 14. Subject: Agency Transfer Payment Agreement Between the Cupertino Redevelopment Agency and the City of Cupertino Recommended Action: A. Redevelopment Agency action: Adopt Resolution No. 11-05, approving the execution of the Agency Transfer Payment Agreement with the City of Cupertino B. City Council action: Adopt Resolution No. 11-164, approving the execution of the Agency Transfer Payment Agreement with the Cupertino Redevelopment Agency Description: The Agreement carries out the remittance payments required under the new opt-in ordinance that allows the Redevelopment Agency to continue its existence. Since the Agreement is between the Agency and the City, the Agency Board and City Council both need to adopt resolutions for the Agreement. Staff Report Draft Agency Board Resolution Draft City Council Resolution Agency Transfer Payment Agreement Page: 327 Tuesday, September 20, 2011 Cupertino City Council Cupertino Redevelopment Agency ADJOURNMENT – City Council and Redevelopment Agency The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council’s decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council’s decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site.