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00. Agenda Amended the wording of Item No. 23 CUPERTINO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, August 21, 2007 6:00 p.m. CITY COUNCIL MEETING ROLL CALL - 6:00 p.m. CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a) regarding Rhoda Fry vs. City of Cupertino. (No documentation in packet). RECESS PLEDGE OF ALLEGIANCE - 6:45 p.m. ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 2. Introduction of new Cupertino Librarian, la-Lih Lee. (No documentation in packet). 3. Presentation to Cupertino Union School District for its Chinese Language Immersion Program (CLIP). (No documentation in packet). 4. Presentation for the American Cancer Society's "Relay for Life." (No documentation in packet). 5. Recognize former Vice Mayor Patrick Kwok for his service to the community. City Council will take a 1 O-minute break following the presentation to attend a reception in the lobby. (No documentation in packet). POSTPONEMENTS WRITTEN COMMUNICATIONS August 21, 2007 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. 6. Approve the minutes from the June 19 and July 17 City Council meetings. 7. Adopt resolutions accepting Accounts Payable for July 13, 20, 27, August 3 and 10, Resolution Nos. 07-130 through 07-134. 8. Adopt resolutions accepting Payroll for July 27 and August 10, Resolution Nos. 07-135 and 07-136. 9. Accept the Treasurer's Investment Report for June 2007. 10. Approve applications for an Alcoholic Beverage License (On Sale Beer & Wine - Eating Place 41): a) The Red Crane, 7335 Bollinger Road (Shopping center north side Bollinger Road, west of De Anza Blvd.) b) Super Bowl Restaurant, 10971 Wolfe Road (in Cupertino Village Shopping Center) 11. Adopt a resolution approving the destruction of records from the City Clerk and Code Enforcement departments, Resolution No. 07-137. 12. Accept a donation from the Rolling Hills 4-H Club in the amount of $10,000.00 and appropriate it for use on the McClellan Ranch Renovation Project. 13. Adopt a resolution acknowledging the irrevocable offer of dedication for sidewalk purposes and reserving the right to accept at a later time, Pancal Catalano, L.P., A California Limited Partnership, Lot 5 - Catalano Court, APN 326-18-003, Resolution No. 07-138. 14. Adopt resolutions approving a final parcel map: a) Tony Baig, Mine Court, APN 316-47-017, Resolution No. 07-139 August 21, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 3 b) Granada Avenue Property, LLC, A California Limited Liability Company, 21891 Granada Avenue, APN 357-16-019, Resolution No. 07-140 Approval of the final map permits the map to be forwarded to the County for recording, which completes the subdivision. 15. Adopt a resolution approving an improvement agreement, Ming Xie and Xiaoli Chen, 10170 Lebanon Drive, APN 342-14-018, Resolution No. 07-141. Through an improvement agreement with the City for a single-family development building permit, this applicant 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. 16. Adopt a resolution accepting the quitclaim deed for underground water rights, Granada Avenue Property, LLC, A California Limited Liability Company, 21891 Granada Avenue, APN 357-16-019, Resolution No. 07-142. 17. Adopt a resolution approving an improvement agreement, Granada Avenue Property, LLC, A California Limited Liability Company, 21891 Granada Avenue, APN 357-16- 019, Resolution No. 07- 143. Through an improvement agreement with the City for a single-family development building permit, this applicant 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. 18. Acceptance of municipal improvements, Silver Stone Development, Northern California LLC, De Anza Blvd., between Town Center Lane & Civic Park Lane, (No documentation in packet). These applicants have completed City-specified improvements in the City right-of-way, including streetlight, streetscape and erosion control work, as required by the improvement agreement with the City. 19. Adopt a Resolution authorizing the City Manager to apply for, accept, and appropriate up to $40,000.00 in Fiscal Year 2007-08 funding for the Metropolitan Transportation Commission's Pavement Management Technical Assistance Program (P-TAP) Round 9, No. 07-144. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) August 21, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 4 PUBLIC HEARINGS 20. Consider Application Nos. U-2007-03, ASA-2007-05, TM-2008-07, TR-2007-03, EXC- 2007-08, Clifford Chang, 10100 N. Tantau, APN 316-19-061. (Continued from July 3): a) Use Permit and Architectural Site Review to construct a 10,650 square foot retail building and one level parking garage on an existing office site b) Tentative Map to subdivide an existing 9.4-acre site into two parcels, approximately .9 and 8.4 acres respectively. c) Tree Removal and replanting in conjunction with a proposed 10,650 square foot retail building and a one-level parking garage at an existing office site d) Exception to the Heart of the City Specific Plan for a front setback 21. Adopt a resolution adding Tree Removal and Replacement Fees to the fee schedule, Resolution No. 07-145: a) Establish an in-lieu tree replacement fee to be included in the fee schedule (based on the installation and purchase cost of a replacement tree, as approved in the tree ordinance) and a City tree fund in which in-lieu fees would be deposited & determine how to implement use of the tree fund (e.g., if Public Work Dept. will oversee the use of fund, or if a subcommittee is needed to establish procedures) b) Establish a tree removal application fee of $2,662 and include in the fee schedule c) Establish a reduced tree removal application fee of $150 for the first tree removal request and $75 for each additional tree removal request on the same property if requested prior to the removal and include in the fee schedule d) Establish a lower tree management plan application fee of $1,041 and include in the fee schedule UNFINISHED BUSINESS 22. Report and Recommendations for the Mary Avenue Bicycle Footbridge Project: a) Approve the Cable Stayed Structural Steel Alternative Design Concept for the Mary A venue Bicycle Footbridge in lieu of the Prestressed Concrete Design previously approved by the Council b) Authorize the City Manager to negotiate and execute a contract with HNTB, Inc. (NE Division) for the alternative structural steel design of the project at a cost not August 21, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 5 to exceed $ 725,000 and $50,000 in additional services, which may be approved by the Director of Public Works c) Authorize the City Manager to negotiate and execute a contract with Leslie E. Robertson Associates (LERA) for the peer review and plan check and other necessary structural engineering services of the steel design alternate in an amount not to exceed $120,000 with $30,000 for additional services, which may be approved by the Director of Public Works 23. Report on the R 1 Ordinance regarding hillside development standards for the R 1 and Al hillside properties located west of the 10% slope line. NEW BUSINESS 24. Accept Vice-Mayor Patrick Kwok's resignation and select a method to fill the vacancy, Resolution No. 07-146. 25. Consider appointing a new vice-mayor. 26. Adopt a resolution establishing and approving a new rate for hauling and processing of compostable waste in compactors from businesses in Cupertino, Resolution No. 07-147. 27. Adoption a resolution authorizing the City Manager to negotiate and execute a no cost License Agreement between the City and the Cupertino City Center Garage Limited Partnership for use of the Cupertino City Center parking garage during City sponsored and hosted events, Resolution No. 07-148. 28. Review bids and award the contract for Pavement Restoration, Project No. 2007-04, to G. Bortolotto & Co., Inc., in the amount of $161,799.00, and approve a construction contingency of $33,201.00 to cover any unforeseen work required to complete the project, for a total of $195,000.00. 29. Consider streamlining Administrative Procedures of Recruitment Sources and Outreach. 30. Consider updating the Council Computer Policy to reflect new technologies and equipment use. 31. Technology, Information, and Communications Commission: a) Accept the resignation of Luke Lam and set an application deadline and interview date b) Consider reducing the number of the commission from seven to five August 21, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 6 32. Adopt a resolution exempting Council members from all fees associated with appeals and petitions for reconsideration, Resolution No. 07-149. 33. Conduct the first reading of Ordinance No. 07-2008: "An Ordinance of the Cupertino City Council Amending Chapter 2.08.096 of the Cupertino Municipal Code Regarding the Filing Deadline for a Petition for Reconsideration." ORDINANCES 34. Conduct the second reading of Ordinance No. 07-2007: "An Ordinance of the City Council of the City of Cupertino Rezoning 1.1 acres of property located at 10855 N. Stelling Road from BQ (Quasi-Public) To P-Res (Planned Residential Zoning District Application Z-2006-05." ST AFF REPORTS 35. Receive a status report on General Fund Revenue and Expenditures. (No documentation in packet). COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure ~1 094.6; 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.