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00. Agenda CUPERJINO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, March 6, 2007 6:00 p.m. CITY COUNCIL MEETING ROLL CALL CLOSED SESSION 1. Labor negotiations - Government Code Section 54957.6 regarding proposals with Cupertino Employees Association (CEA) and Operating Engineer's Local No.3 (OE3). (No documentation in packet). RECESS PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 2. Presentation by Beau Goldie of the Santa Clara Valley Water District regarding the Permanente Creek Proiect. (No documentation in packet). 3. E-Services presentation regarding Neighborhood Watch - E-cap. (No documentation in packet). 4. Va11co update. (No documentation in packet). Val1co representative is unable to attend and will attend March 20 meeting. POSTPONEMENTS The applicant for item number 13, Peet's Coffee appeal, requests a continuance to March 20. March 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. 5. Approve the minutes from the February 20 City Council meeting. 6. Adopt resolutions accepting accounts payable for February 16, Resolution Nos. 07-034. 7. Adopt a resolution accepting payroll for February 23, Resolution No. 07-035. 8. Accept the Treasurer's Investment Report for January 2007. 9. Approve an application for an Alcoholic Beverage License for Guan Dong House, 10851 N. Wolfe Road (Cupertino Village). 10. Adopt a resolution approving an improvement agreement, Felicia Chow and Joyce Chow, Su Yong Law and Frankie Kan Yin Law, 20055 and 20065 De Palma Lane, APN (s) 369- 32-006 and 369-32-039, Resolution No. 07-036. 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. 11. Adopt a resolution authorizing the City Manager to negotiate and execute an amendment to the Mary A venue Bicycle Footbridge Proiect funding agreement with the Santa Clara Valley Transportation Authority (VT A) that will allow the funding to be used for both the design and the construction phases of the project, Resolution No. 07-037. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 12. 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 March 6. 2007 Cupertino City Council Cupertino Redevelopment Agency Page 3 Nos. R-2006-08 and RM-2006-13, Cliff Cowles (Moigani residence), 21180 Grenola Avenue, APN 326-28-057. (Continued from February 6). The appellants are: a) Jessica Rose and John Tracy b) Elena Herrera and Subir Sengupta 13. Consider an appeal of the Planning Commission's decision to modify the use permit for Peet's Coffee to allow an opening time of 5:30 a.m., Application No. M-2006-07, Laura Thomas (Peet's Coffee), 20807 Stevens Creek Blvd., APN 326-32-051. The appellant is Council member Richard Lowenthal. (Continued from February 20). Applicant requests a continuance to March 20. (No documentation in packet). 14. Consider adopting a resolution amending the 2006-07 fee schedule for building fees and Below Market Rate Housing program mitigation fees, Resolution No. 07- 038. (Continued from February 6). 15. Consider pre-zoning 13.5 acres to Pre-PR (Public Park or Recreational Zoning District) and Pre- T (Transportation Zoning District), Application Nos. Z-2006-04 and EA-2006- 10, City of Cupertino, lands east of Saratoga Creek to the centerline of Lawrence Expressway from highway 280 to Bollinger Rd., APN (s) 375-21-001 and 375-22-001: a) Negative Declaration b) First reading of Ordinance No. 07-1998: "An Ordinance of the Cupertino City Council Pre-zoning 13.5 acres to Pre-PR (Public Park or Recreational Zoning District) and Pre- T (Transportation Zoning District) Lands East of Saratoga Creek to the Centerline of Lawrence Expressway from Highway 280 to Bollinger Rd., APN 375-21-001 and 375-22-001" UNFINISHED BUSINESS 16. Accept the City's development impact fee report for the year ending June 30, 2006. (Continued from February 20). NEW BUSINESS 17. Adopt a resolution to make a revision to the City Policy on Responsible Contracting providing certain exceptions for Contractors who submit a formal bid for the construction of the Mary Avenue Bicycle Footbridge (Mary BFB), Resolution No. 07-039. 18. Approve the use of Federal Land and Water Conservation Funds awarded for Stevens Creek Corridor in a stand-alone project at McClellan Ranch or return the funds in the amount of$81,165. March 6. 2007 Cupertino City Council Cupertino Redevelopment Agency Page 4 19. Approve the 2007 Planning Commission Work Program. 20. Select application deadline and interview dates for the Teen Commission and the Audit Committee. ORDINANCES STAFF REPORTS 21. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). Continued from February 20. 22. Receive a report regarding the Cupertino Beautification Program. COUNCIL REPORTS ADJOURNMENT Adjourn to Tuesday, March 20 at 5:00 p.m. for Parks & Recreation and Bicycle Pedestrian Commission interviews, City Hall Conference Room A, 10300 Torre Avenue, Cupertino. 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 of the meeting.