Loading...
00. Draft Minutes CUPERTINO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, November 20, 2007 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS - PRESENTATIONS 1. Presentation from the Santa Clara County Board of Supervisors and the City of Cupertino to the Santa Clara County Fire Department commending the fire department for their skill, quick response, and dedication to the saving oflives and properties of the citizens of Santa Clara County. (No documentation in packet). 2. Presentation to the City Channel regarding its first place international competition award for its City Council television coverage. (No documentation in packet). 3. Video presentation on Cupertino Veteran's Memorial dedication November 11. (No documentation in packet). 4. Presentation from Phil Liao of Orbit Properties, LLC to introduce himself as a new owner of Cupertino Square. (No documentation in packet). POSTPONEMENTS Request to continue Item No. 12 to Dec. 18. WRITTEN COMMUNICATIONS November 20,2007 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. 5. Approve the minutes from the November 5 City Council meeting. 6. Adopt a resolution accepting Accounts Payable for November 2, Resolution No. 07-189. 7. Adopt a resolution accepting Payroll for November 2, Resolution No. 07-190. 8. Adopt a resolution approving the destruction of records from the City Clerk and City Manager departments, Resolution No. 07-191. 9. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, John D. Wahler and Susan C. Wahler, 22331 Santa Paula Avenue, APN 357-04-002, Resolution No. 07- 192. The owners grant 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. 10. Adopt a resolution accepting a Grant of Easement for Public Utilities, John D. Wahler and Susan C. Wahler, 22331 Santa Paula Avenue, APN 357-04-002, Resolution No. 07- 193. The owners grant the City of Cupertino, for public utility purposes, the right of way to construct, repair, operate, and maintain any and all public utilities and improvements that shall be or become necessary. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 11. Consider a six-month review of Temporary Use Permit (U-2004-04) to allow an opening time of 5:30 a.m. for Application No. M-2006-07, Laura Thomas (Peefs Coffee), 20807 Stevens Creek Blvd. APN 326-32-051. (Continued from November 5). November 20,2007 Cupertino City Council Cupertino Redevelopment Agency Page 3 12. Consider two appeals of the Planning Commission's decision to approve a Residential Design Review for a new two-story 6,677 square foot residence and a Minor Residential Permit to construct front and rear second story decks on the new residence, Planning Commission Resolution No. 6488, Application Nos. R-2007-01, RM-2007-29, Tuan Cao (Ferng residence), 21410 Vai Ave, APN 362-05-026 (Appellants regarding item A request a continuance to the next Council meeting): a) The appellants are numerous neighbors appealing the following issues: front yard setback, building material, building height, building size, and privacy mitigation measures b) The appellants are the applicants and residents, Chia-Lun & Hsiao-Chen Ferng, appealing the following issues: front yard setback and entry/living room plate height UNFINISHED BUSINESS NEW BUSINESS 13. Consider designating an annual Cupertino Community /Volunteer Service Day. 14. Award the contract for Phase II of the Mary Avenue Bicycle Footbridge Proiect and other related items: Appropriate $716,000 from the Gas Tax Reserve and from accumulated operating savings from the FY 2006-2007 Budget to the Mary A venue Bicycle Footbridge Project in the 2007-2008 Capital Improvement Program. Accept a budget augmentation from the Valley Transportation Authority for the Mary Avenue Bicycle Footbridge Project in the amount of$3,350,000. Restore the Project Budget Augmentation allocated to the Mary Bicycle Footbridge project to support the bid process to the Stevens Creek Corridor project budget in the amount of $5.701 Million in FY 2007-2008 and in the amount of $1.000 Million in FY 2008-2009. Award a contract for the Phase II construction of the Mary Avenue Bicycle Footbridge in the amount of $7,469,735 to Golden State Bridge Inc. and allocate a construction contingency in the amount of $1 ,000,000. Authorize the City Manager to negotiate and execute a contract with Aidala Studios for the fabrication of the project sculptures as approved by the Council in an amount not to exceed $145,000. November 20, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 4 Authorize the City Manager to negotiate and execute Amendment No.1 to the Design Services Contract with HNTB, Inc for Architectural and Engineering services during construction in an amount not to exceed $425,000 for a total contract amount not to exceed $1,200,000. 15. Interim report on alternative considerations regarding the evaluation of traffic issues in the tri-school area, including Monta Vista High, Kennedy Middle, and Lincoln Elementary Schools. (Continued from October 2). 16. Consider adopting incentives for participation in a green building program, Application No.CP-2007-01, City of Cupertino, Citywide. 17. Conduct the first reading of Ordinance No. 07-2014: "An Ordinance of the Cupertino City Council amending Section 13.04.150(H) of the Municipal Code related to use of Bicycles in City Parks." 18. Conduct the first reading of Ordinance No. 07-2015: "An Ordinance of the Cupertino City Council amending sections of the Cupertino Municipal Code regarding Advisory Commission Chairperson and Vice Chairperson terms and extending the Term Expiration Date for the Bicycle Pedestrian and Public Safety Commissions from January 15 to January 30." 19. Conduct the first reading of Ordinance No. 07-2016: "An ordinance of the City of Cupertino repealing and re-enacting Chapter 16.16 of the Cupertino Municipal Code adopting the 2007 edition of the California Electrical Code." 20. Conduct the first reading of Ordinance No. 07-2017: "An ordinance of the City of Cupertino amending Chapter 16.20 of the Cupertino Municipal Code adopting the 2007 California Plumbing Code." 21. Conduct the first reading of Ordinance No. 07-2018: "An ordinance of the City Council of the City of Cupertino amending Chapter 16.24 of the Cupertino Municipal Code and adopting the 2007 California Mechanical Code." 22. Conduct the first reading of Ordinance No. 07-2019: "An ordinance of the City Council of the City of Cupertino adding Chapter 16.70 to adopt the 1997 Uniform Code for the Abatement of Dangerous Buildings Code." 23. Conduct the first reading of Ordinance No. 07-2020: "An ordinance of the City Council of the City of Cupertino repealing and re-enacting Chapter 16.40 of the Cupertino Municipal Code adopting the 2007 edition of the California Fire Code and the 2006 International Fire Code." November 20,2007 Cupertino City Council Cupertino Redevelopment Agency Page 5 24. Conduct the first reading of Ordinance No. 07-2021: "An ordinance of the City of Cupertino amending Chapter 16.04 of the Cupertino Municipal Code and adopting the 2007 California Building Code Volumes 1 and 2." 25. Direct staff to fill an unscheduled Planning Commission vacancy during the annual commission recruitment in January, contingent upon Planning Commissioner Gilbert Wong being sworn in to the City Council. (No documentation in packet). ORDINANCES 26. Conduct the second 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." (Continued from October 16). ST AFF 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.