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00. Agenda .~~.. --- .' ";.., CUPERTINO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Han Council Chamber Tuesday, September 18,2007 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS - PRESENTATIONS 1. Proclamation recognizing Senior Center volunteers who have volunteered 20 or more years. (No documentation in packet). 2. Proclamation recognizing Kiwanis Club volunteers. (No documentation in packet). 3. Proclamation recognizing the first Friday in October as Cunertino Arts Day, in conjunction with the National Arts and Humanities celebration. (No documentation in packet). 4. Receive an update on the Cupertino Veterans Memorial. (No documentation 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. September 18, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 2 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 August 21 and September 4 City Council meetings. 6. Adopt resolutions accepting Accounts Payable for August 31 and September 7, Resolution Nos. 07-154 and 07-155. 7. Adopt a resolution accepting Pavroll for September 7, Resolution No. 07-156. 8. Approve an application for an Alcoholic Beverage License - On sale Beer & Wine (41) for Currv House, 10350 S. De Anza Blvd. (Villagio mixed-use project). 9. Approve an application for an Alcoholic Beverage License - Off Sale General (21) for Green Vallev Liauor, 10073 Saich Way. 10. Adopt resolutions approving an improvement agreement: a) Zhihong Liu, 10651 Merriman Road. APN 342-16-031, Resolution No. 07-157 b) Roger and Jinling Low, 21988 McClellan Road, APN 356-08-027, Resolution No. 07 -158 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. 11. Adopt a resolution accepting the quitclaim deed for underground water rights, Zhihong Liu, 10651 Merriman Road, APN 342-16-031, Resolution No. 07-159. 12. Adopt a resolution approving a grant of easement for roadway purposes, Zhihong Liu, 10651 Merriman Road, APN 342-16-031, Resolution No. 07-160. The owner grants the City of Cupertino, for public roadway purposes, the right of way to construct, repair, operate, and maintain any and all public utilities and improvements that shall be or become necessary. 13. Adopt a resolution approving the Vacation of Right of Wav on 22831 Mercedes Road, Resolution No. 07-161. September 18, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 3 14. Adopt a resolution authorizing the City Manager to execute all Master Agreements, Program Supplemental Agreements, Fund Transfer Agreements, and any amendments thereto with the California Denartment ofTransnortation, Resolution No. 07-162. 15. Adopt a resolution authorizing the City Manager to execute amendment No.1 to the agreement with the County of Santa Clara for the joint use and maintenance of facilities relating to the County of Santa Clara Traffic Onerations Svstem, Resolution No. 07-163. 16. Accept computer donations for the Senior Center from Hewlett Packard and Annle. Inc. ITEMS REMOVED FROM THE CONSENT CALENDAR <above) PUBLIC HEARINGS 17. Consider Application Nos. MCA-2007-0l ~d EA-2007-09, City of Cupertino, affecting properties zoned Rl-20 generally located south of Linda Vista Drive, south and west of Santa Teresa and Terrace Drive, west of Terra Bella Drive and north of Lindy Lane of the Cupertino foothills area: a) Adopt a Negative Declaration b) Municipal Code Amendment to amend Chapter 19.28 Single Family Residential (Rl) Zones to exclude properties zoned Rl-10 with an average slope equal to or greater than fifteen (15) percent slope c) Municipal Code Amendment to amend Chapter 19.28.050(C)1 of Single Family Residential (R 1) Zone regarding hillside development standards for buildings proposed on properties zoned Rl-20 located west of the lO% slope line First Reading Of Ordinance No. 07-2011: "An Ordinance of the Cupertino City Council Amending Chapter 19.28.050 of the Municipal Code, Single Family Residential Zones (R-l), Regarding Rl-20 Zoned Properties Generally Located South of the Linda Vista Drive, South and West of the Santa Teresa and Terrace Drive, West of Terra Bella Drive and North of Lindy Lane Specifically Affecting the Following Properties." UNFINISHED BUSINESS 18. Report of the cost estimates and bid package for the steel bridge design of the MID Avenue Bicycle Footbridge. September 18, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 4 NEW BUSINESS 19. Pursuant to SB 53 requirements, approve an ordinance containing a description of the Cupertino Redevelopment Agency's program concerning the use of eminent domain in the acquisition of property in the Cl\Pertino Square Proiect Area. First reading of Ordinance No. 07-2012: "An Ordinance of the City of Cupertino, Containing a Description of the Cupertino Redevelopment Agency's Program to Acquire Real Property by Eminent Domain in the Cupertino Vallco Redevelopment Proiect." 20. Accept the resignation from Teen Commissioner Daniel Pavlovic and decide whether to fill the vacancy. 21. Receive the Global Green Sustainability Proiect draft report. ORDINANCES 22. Conduct the second readin~ of Ordinance No. 07-2009, "An Ordinance of the City Council of the City of Cupertino adding Chapter 2.16 to the City Ordinance Code relating to City Council/City Staff Relationships." 23. Conduct the second reading of Ordinance No. 07-20l0, "An Ordinance of the Cupertino City Council Amending Section 2.74.010 of the Cupertino Municipal Code Modifying the Composition of the Technology. Information. and Communications Commission." STAFF REPORTS COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure 61094.6; litigation challenging a decision of the City CounciVRedevelopment 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.