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00. Agenda CUPERTINO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Monday, November 5, 2007 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS - PRESENT A TIONS 1. Presentation to Apple, Inc.'s representative Michael Foulkes regarding the donation of eight Apple iMACS to the Cupertino Senior Center. (No documentation in packet). 2. Cupertino Square shopping center update. (No documentation in packet). Continued from October 16. 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. 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. 3. Approve the minutes from the October 16 City Council meeting. November 5, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 2 4. Adopt resolutions accepting Accounts Payable for October 12, 19, and 26, Resolution Nos. 07-177 to 07-179. 5. Adopt a resolution accepting Payroll for October 19, Resolution No. 07-180. 6. Accept the Treasurer's Investment Report for September 2007 including a status report on General Fund Revenue ~d Expenditures. 7. Approve an application for an Alcoholic Beverage License, On Sale Beer & Wine - Eating Place (41), for Harvest Restaurant (Formerly Flames Restaurant), 10630 S. De Anza Blvd. 8. Approve an application for an Alcoholic Beverage License, Off Sale Beer & Wine (20) for 7-Eleven Store, 21490 McClellan Road. 9. Approve an application for an Alcoholic Beverage License, Off Sale Beer & Wine (20), On Sale Beer & Wine - Eating Place (41), and On Sale Beer & Wine - Public Premises (42) for Whole Foods Market, 20955 Stevens Creek Blvd. 10. Adopt a resolution approving a final parcel map, Chiao-Fu Chang and Sue-Fay L. Chang, Kok Y. Ho and Yuet M. Ho, Hsing H. Kung and Margaret Kung, 21711. 21713 and 21731 Alcazar Avenue, APN 357-19-018, 058, 079 and 080, Resolution No. 07-181. Approval of the final map permits the map to be forwarded to the County for recording, which completes the subdivision. 11. Adopt a resolution accepting the quitclaim deed for underground water rights, Chiao-Fu Chang and Sue-Fay L. Chang, Kok Y. Ho and Yuet M. Ho, Hsing H. Kung and Margaret Kung, 21711, 21713 and 21731 Alcazar Avenue, APN 357-19-018, 058, 079 and 080, Resolution No. 07-182. Acceptance of the quitclaim deed releases any claim that the grantor has to underground water rights on the property named. 12. Adopt a resolution approving an improvement agreement, Chiao-Fu Chang and Sue-Fay L. Chang, Kok Y. Ho and Yuet M. Ho, Hsing H. Kung and Margaret Kung, 21711. 21713 and 21731 Alcazar Avenue, APN 357-19-018, 058, 079 and 080, Resolution No. 07-183. 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. November 5, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 3 13. Adopt a resolution approving a revised improvement agreement, Zhihong Liu, 10651 Merriman Road, APN 342-16-031, Resolution No. 07-184. Through an improvement agreement with the City for a single-family development building permit, this applicant was previously obligated to bond and construct city- specified roadside improvements, including curb, gutter, sidewalk, and driveway, along the street frontage of their building site. This revision of the original agreement is based upon an amended estimate of the cost of the specified improvements. 14. Adopt a Resolution authorizing the City Manager to enter into a Cooperative Work Agreement with the California Department of Transportation to extend the life of 2005- 06 Bicycle Transportation Account grant funds in the amount of $300,000.00 for the Mary Avenue Bicycle Footbridge Proiect, Resolution 07-185. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 15. Consider a six-month review of the temporary Use Permit (U-2005-11) to allow an opening time of 5:30 a.m. for Application No. M-2006-07, Laura Thomas (Peet's Coffee), 20807 Stevens Creek Blvd. APN 326-32-051. UNFINISHED BUSINESS NEW BUSINESS 16. Consider a Petition for reconsideration of the City Council's decision to deny an appeal of a Minor Residential Permit application for a second story rear deck on a new 1,794 square foot residence, Resolution No. 6485 Application No. RM-2007-14, Reza Ram, 10484 Byrne Ave, APN 357-14-013. The petitioner is Fatekh Vergasov, Resolution No. 07-186. 17. Report on North Vallco Plan (Phase 1). 18. Receive a report on the former Moxley property on Lindy Lane and direct staff to continue to require the replanting of six oak trees pursuant to the recorded covenant. (Continued from October 16). 19. Adopt a resolution establishing an Expense Reimbursement Administrative procedure for City Council members, commissioners, and committee members, Resolution No. 07-187, and adopt a resolution amending the Unrepresented Employees Compensation Program Training and Conferences Policy, Resolution No. 07-188. 20. Provide direction to the Planning Commission regarding Application No. CP-2007-03, City of Cupertino, Citywide, Historic Preservation Policies. November 5,2007 Cupertino City Council Cupertino Redevelopment Agency Page 4 21. Accept the resignation of Housing Commissioner Kim Mosleh and direct staff to fill the vacancy during the annual commission recruitment in January. 22. Consider Dec. 18 at 5:00 p.m. to hold a study session regarding the Stevens Creek Corridor. (No documentation in packet). 23. Review and accept the recommendation from the Fiscal Strategic Plan Committee on General Fund and Capital Improvement Fund Reserves. ORDINANCES 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 *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.