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00 Agenda CUPEIQ"INO AGENDA CUPERTINO CITY COUNCIL - REGULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, October 17,2006 6:00 p.m. CITY COUNCIL MEETING ROLL CALL INTERVIEWS - 6:00 p.m., City Hall Conference Room A, 10300 Torre Avenue, Cupertino 1. Conduct interviews for a Community Development Block Grant (CDBG) Committee vacancy. RECESS PLEDGE OF ALLEGIANCE - 6:45 p.m., Council Chamber, 10350 Torre Avenue, Cupertino CEREMONIAL MATTERS - PRESENTATIONS 2. Presentation of a plaque to the City of Cupertino from the Department of Homeland Security regarding Cupertino's National Flood Insurance Program Community Rating System. (No documentation in packet). 3. Presentation of a proclamation to the Bicycle Pedestrian Commission for its effort in organizing the Monta Vista Walk and Bike to School Day. (No documentation in packet). POSTPONEMENTS . Item No. 10: Staff recommends removal from the calendar until the applicant/appellant provides further information. . . Item No. 11: The owner for the Blue Pheasant Restaurant has withdrawn his request to operate until midnight. WRITTEN COMMUNICATIONS October 17, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 2 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 3 City Council meeting. 5. Adopt resolutions accepting Accounts Payable for September 22, 29, and October 6, Resolution Nos. 06-168 to 06-170. 6. Adopt a resolution accepting Payroll for October 6, Resolution No. 06-171. 7. Accept the Treasurer's Budget report for August 2006. 8. Accept an application for an Alcoholic Beverage License for Royal Tofu House, 21271 Stevens Creek Blvd. (Oaks Shopping Center). 9. Adopt a resolution authorizing the Director of Public Works to negotiate and execute a Cost-Sharing Agreement between the Cities of San Jose and Cupertino for additional Cupertino traffic system improvements to be constructed as part of the Silicon Valley Intelligent Transportation Systems West Corridor Proiect, Resolution No. 06-172. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 10. Consider an appeal of the Planning Commission's decision to deny a Use Permit and Height Exception for a telecommunication facility consisting of a 65-foot monopole (treepole) and ground equipment, Application Nos. U-2006-05, EXC-2006-03, Jim Mattison (Union Pacific Railroad), McClellan Road & railroad tracks, APN 362-01-025. The appellant is Jim Mattison. (Continued from September 19. Staff recommends removal from calendar until the applicant/appellant provides further information). 11. Consider Application No. MCA-2006-03, City of Cupertino, APN: 357-10-007. This amendment would create a new conditional use in this zoning district, which would allow the Blue Pheasant to operate until midnight, subject to a conditional use permit. (The owner for the Blue Pheasant has withdrawn his request). October 17, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 3 UNFINISHED BUSINESS NEW BUSINESS 12. Conduct a hearing and adopt a resolution to approve the recovery of costs of abatement of a public nuisance at 10200 Stem A venue (overgrown weeds, scrap material including old carpet and trash, in view of the public right of way), APN 375-12-002, Patrick W. McGrath property owner, Resolution No. 06-173. 13. Review the bids and award the contract for Reconstruction of Curbs, Gutters and Sidewalks, Proiect No. 2006-03, to JJR Construction, Inc., in the amount of$4l2,125.00, and approve a contingent amount of up to $ 72,875.00 for additional work that may be identified and approved by the Director of Public Works, for a total of $485,000.00. 14. Consider the Stevens Creek Corridor Proiect - Phase I: a) Base scope and schedule, implications of alternative project scheduling, and options b) Project budget for Phase I - 2009 completion in the amount of up to $11,198.00 million, including a budget augmentation of $6.0 million over fiscal years 07-08 and 08-09 c) Establish a fiscal year 08-09 project contingency reserve of $1.0 million d) Adopt a resolution authorizing the City Manager to negotiate and execute Amendment No.2 to the agreement with HNTB Corporation, not to exceed $925,000 for completion of architectural design, civil design, project management, and construction related management services for the bid, award and construction of Phase I of the Stevens Creek Corridor Park Project, and extend the term of the agreement from December 31, 2006 to December 31, 2010, and provide an amount not to exceed $100,000 for additional services which may be approved as necessary by the Director of Public Works for a total amount of $1,575.00, Resolution No. 06-174 15. Request from the Bicycle Pedestrian Commission to encourage the reopening of the Scenic Circle gate, the preservation of the existing Blackberry Farm Bridge over Stevens Creek, and propose the formation of a neighborhood Task Force to consider use- related conditions for this bicycle and pedestrian corridor. (No documentation in packet). October 17, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 4 16. Consider a petition for reconsideration of the City Council's decision to approve Application Nos. U-2006-06, ASA-2006-06, TR-2006-09, & EA-2006-09; Cliff Chang (Chang Architecture), 10495 N. De Anza Blvd., APN No. 326-33-110 (former Any Mountain building): a) Use Permit and Architectural and Site Review to demolish an existing 27,000 square foot office building and construct a 60,000 square foot office building and parking structure b) Tree Removal and replanting for a proposed 60,000 square foot office building and parking structure 17. Receive a report on commissions and committees with terms expiring January 31,2007, and select an application deadline date of January 10 and interview dates of January 22 and 23,2007. ORDINANCES ST AFF REPORTS 18. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). COUNCIL REPORTS ADJOURNMENT Adjourn to Wednesday, October 18 at 5:30 p.m. Council will meet at 5:30 p.m. at the Macy's Parking Garage at Vallco, 10123 N. Wolfe Road. People will congregate in the TGI Friday's parking lot, 10343 N. Wolfe Rd., at 5:30 p.m., walk in front of Macy's to the west side of the structure, and then walk up the ramped levels up to the top deck. The Council will open the public hearing, discuss the options, and then recess around 6: 15 to reconvene the meeting at 6:45 p.m. to hear and deliberate the item. If there is insufficient parking near TGI Friday's, parking will also be available at the surface lot north of the structure, or the other parking structure west of the mall. For more information call (408) 777-3308. REDEVELOPMENT AGENCY MEETING Canceled for lack of business. 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 oj the meeting.