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00. Agenda CUPEIQ"INO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, February 6, 2007 6:00 p.m. CITY COUNCIL MEETING ROLL CALL CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a) regarding Steffen Thornton vs. City of Cupertino. (No documentation in packet). 2. Labor negotiations - Government Code Section 54957.6 regarding initial proposals with Cupertino Employees Association (CEA) and Operating Engineer's Local No.3 (OE3). (No documentation in packet). PLEDGE OF ALLEGIANCE CEREMONIAL MATTERS - PRESENT A TIONS 3. Commissioner swearing-in ceremony. (No documentation in packet). 4. E-Services presentation regarding Parks and Recreation on-line registration. (No documentation in packet). 5. Educational health video. (No documentation in packet). 6. Adopt a resolution regarding health awareness, Resolution No. 07-017. 7. Receive an update on Vallco. (No documentation in packet). POSTPONEMENTS Continue item number 21 c, bingo permit renewal for De Anza Force Soccer, to February 20. Continue item number 23, building fees and housing mitigation in-lieu fee, to March 6. February 6, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 2 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. 8. Approve the minutes from the City Council meetings of January 8, 16, and 22. 9. Adopt resolutions accepting Accounts Payable for January 5, 12, and 19 Resolution Nos. 07-018 to 07-020. 10. Adopt resolutions accepting Payroll for December 28, January 12, and 26, Resolution Nos. 07-021 to 07-023. 11. Accept the Treasurer's Investment Report for December 2006. 12. Adopt a resolution accepting the Treasurer/Deputv Treasurer appointment, Resolution No. 07-024. 13. Accept the Comprehensive Annual Financial Report for 05/06. 14. Accept an application for an Alcoholic Beverage License for Golden Apple Buffet, 20030 Stevens Creek Blvd. (former Hamasushi Restaurant location). 15. Adopt a resolution approving the destruction of records from the Parks and Recreation department (Ouinlan), Resolution No. 07-025. 16. Accept municipal improvements. (No documentation in packet): a) Sesharao and Padmavathi Patchipala, 10455 Byrne Avenue, APN 357-12-037 b) Mehdi Moazeni and Mohsen Amini-Rad, 10580 San Leandro Avenue, APN 357- 05-045 These applicants have completed City-specified improvements in the City right-of-way, including curb, gutter, sidewalk, driveway, and storm drain work, as required by the improvement agreement with the City for a single-family dwelling building permit. February 6, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 3 17. Accept city proiects performed under contract, 2006 Annual Overlay, Project No. 2006- 9450, O'Grady Paving, Inc. (No documentation in packet). The City's contractor O'Grady Paving has completed work on the City's Annual Overlay Project. The work includes repair of existing pavement and striping in the city right-of- way. 18. Adopt a resolution approving a final map for Jinling Low and Roger Low, 21988 McClellan Road, APN 356-08-027, Resolution No. 07-026. Approval of the final map permits the map to be forwarded to the County for recording, which completes the subdivision. 19. Adopt a resolution approving an improvement agreement, Allen K. Hsu and Cindy S. Hsu, 21926 Dolores Avenue, APN 357-14-015, Resolution No. 07-027. Through an improvement agreement with the City for a single-family development building permit, these applicants will be obligated to bond and construct city-specified roadside improvements, including curb, gutter, sidewalk, and driveway, along the street frontage of their building site. 20. Approve the Planning Commission recommendation to appoint Lisa Giefer as the Environmental Review Committee representative. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 21. Consider approving bingo permit renewals. (Continued from January 16): a) Senior Center Coordinating Council b) St. Joseph's of Cupertino Church c) De Anza Force Soccer (Continue to February 20) 22. Consider two appeals of the Planning Commission's decision to deny an appeal of a Residential Design Review approval and a Minor Residential Permit to construct a new, two-story 4,219 square foot residence with two-second story rear yard decks, Application Nos. R-2006-08 and RM-2006-13, Cliff Cowles (Mojgani residence), 21180 Grenola Avenue, APN 326-28-057. (Continued from January 16). The appellants are: a) Jessica Rose and John Tracy b) Elena Herrera and Subir Sengupta February 6, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 4 23. Consider adopting resolutions regarding new fees. (Continued to March 6): a) Building fees, Resolution No. 07- b) Revision of the housing mitigation in-lieu fee, Resolution No. 07- 24. Consider Application Nos. TM-2009-02, Z-2006-01 (EA-2006-02), TS/Civil Engineering (Lau residence), 21600 Rainbow Drive, APN 366-38-012: a) Negative Declaration b) Tentative Map to subdivide a 2.09 net acre parcel into one 40,009 square foot parcel and one 51,171 square foot parcel in a proposed RHS-40 zoning district c) Rezoning of a 2.29 gross-acre parcel from RHS-80 (Residential Hillside Zoning, 80,000 square foot minimum parcel size) to RHS-40 (Residential Hillside Zoning, 40,000 square foot minimum parcel size) First reading of Ordinance No. 07-1993: "An Ordinance of the Cupertino City Council Amending Section 1 of Ordinance No.2 by Rezoning Approximately 2.09 Acres From RHS-80 (Residential Hillside Zoning, 80,000 Square Foot Minimum Lot Size) To RHS-40 (Residential Hillside Zoning, 40,000 Square Foot Minimum Lot Size) Located at 21600 Rainbow Drive, Cupertino Application Z- 2006-01" 25. Consider Application Nos. Z-2006-06 (EA-2006-20), Olivia Jang (Huang), 20916 and 20956 Homestead Road, APN Nos. 326-09-052 and -061: a) Negative Declaration b) Rezoning of a 2.2-gross acre site from Planned Development (Recreation, Entertainment, Limited Commercial) to CG (General Commercial) First reading of Ordinance No. 07-1994: "An Ordinance of the Cupertino City Council Amending Section 1 of Ordinance No.2 by Rezoning Approximately 2.2 Gross Acres From P(REC, Enter, Ltd Com) To CG Located at 20916 and 20956 Homestead Road Application Z-2006-06" UNFINISHED BUSINESS NEW BUSINESS 26. Approve the conceptual design and site location of the Cupertino Veteran's Memorial in Memorial Park. February 6, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 5 27. Authorize the City Manager to sign an agreement with the Rotary Club of Cupertino to lease the Nathan Hall Tank House for five years and assist in its restoration and maintenance. 28. Reconsider the $l-per-voter voluntary expenditure limit for City Council candidates in 2007. 29. Adopt a resolution authorizing the Historical Society to apply for grant funds from the Historical Heritage Commission and Department of Parks and Recreation of Santa Clara County for use on City-owned property, Resolution No. 07-028. 30. Conduct the first reading of Ordinance No. 07-1995: "An Ordinance of the Cupertino City Council Amending Section 2.36.010 of the Cupertino Municipal Code Modifying the Composition of the Technology, Information, and Communications Commission to Add Two Additional Members." 31. Conduct the first reading of ordinances regarding combining the Parks and Recreation and Bicycle Pedestrian Commissions: Ordinance No. 07-1996: "An Ordinance of the Cupertino City Council Amending Section 2.36.080 of the Cupertino Municipal Code to Add Additional Powers and Functions to the Parks and Recreation Commission." Ordinance No. 07-1997: "An Ordinance of the Cupertino City Council Repealing Chapter 2.92 of the Cupertino Municipal Code Eliminating the Bicycle Pedestrian Commission. " 32. Review and adopt the 2007-08 City Council work program. ORDINANCES 33. Conduct the second reading of Ordinance No. 07-1992: "An Ordinance of the Cupertino City Council adding Chapter 9.19 to the Cupertino Municipal Code: Water Resource Protection for Properties Adjacent to a Stream." STAFF REPORTS COUNCIL REPORTS ADJOURNMENT February 6,2007 Cupertino City Council Cupertino Redevelopment Agency Page 6 REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure ~1094.6; litigation challenging a 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. 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 meetinK.