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AgendaCUPERTINO AGENDA OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY J TUESDAY, JANUARY 15, 2008 Orrin Gilbert Dolly Sandoval Mahoney Vacant Wong Mayor Vice-Mayor Wan 9 Charles Kilian City Attorney David Knapp ~ ~ ~ ~ ~ City Manager • ~ Staff ~ • Staff • Speaker's Podium CITY COUNCIL MEETINGS: The City Council regularly meets the first and third Tuesdays of each month at 6:45 p.m. These meetings are held in the City Council Chamber of the Cupertino Community Hall located at 10350 Torre Avenue. Closed sessions, when scheduled, are held at 6:00 p.m. Urgent business may require a special or an adjourned meeting to be held. These will be noticed beforehand. AGENDAS MINUTES AND CITY COUNCIL PACKETS: Agenda copies are available to the public as soon as they are printed and copies of City Council minutes are available after they have been approved. These same materials are also available by mail, for a nominal fee. Current and prior City Council, Planning Commission, and Parks and Recreation Commission agendas, minutes, and packets are also available at www.cupertino.org (click Agendas & Minutes). 6:45 P.M. Kimberly Smith City Clerk Rick Kitson ~ Public Information ~ Officer \ ~ Staff TELEVISED MEETINGS: City Council and Planning Commission meetings are televised on Comcast Cable, Cupertino Channel 26. The broadcast schedule for the City Council and Planning Commission is: Tuesday (live) 6:45 P.M. Thursday (replay) 7:00 P.M. Friday (replay) 10:00 A.M. Saturday (replay) 9:00 A.M. Meetings can also be viewed at any time online at www.cupertino.org (click Watch Meetings). Dates and times are subject to change. Please confirm meeting schedule with the City Clerk's office, (408) 777-3223. Copies of the City Channel program schedule are available in the City Hall lobby and on the City's website. CUPERTINO COMMUNITY HALL, COUNCIL CHAMBER, 10350 TORRE AVENUE, CUPERTINO, CA 95014 (408) 777-3200 (City Hall) ~ Website: www.cupertino.org THE CITY COUNCIL Cupertino is a general law city organized under and subject to statutes of the State of California. It is governed by the five- member City Council with the Mayor as the presiding officer. Members of the City Council are elected at large for four-year terms on an overlapping basis. Two are elected at one election and three are elected two years later. The City Council receives advice and assistance from ten commissions, which are appointed by the Council for overlapping terms. These are the Bicycle Pedestrian Commission, Fine Arts Commission, Cupertino Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Senior Citizens' Commission, Teen Commission, and Technology, Information, and Communications Commission. The City Manager is appointed by the Council to interpret and carry out Council policies. As the chief administrative officer, the City Manager is responsible for coordinating the many activities of the City. Department heads and professional and technical City staff are appointed by the City Manager. Representatives from the Council are selected to serve one-year terms on such organizations that include: • Association of Bay Area Governments Bay Area Air Quality Management District Board • North Central & Northwest Flood Control Zone Advisory Committee • Santa Clara County (SCC) Cities Association SCC Cities Association • SCC Committee on Housing and Community Block Grants SCC Emergency Preparedness Commission • SCC Transportation Agency Board SCC Water Commission • West Valley Mayors and Managers REDEVELOPMENT AGENCY The City Council also serves as Cupertino's Redevelopment Agency. Their meetings immediately follow each City Council meeting. CONDUCT OF BUSINESS The Mayor is the presiding officer of the City Council. All statements and questions are to be addressed to the Mayor iwhether by members of the Council, the staff, or general audience. During the course of business, please refrain from outward expressions of emotion, such as cheering or clapping. Such behavior delays the meeting and may intimidate the applicant or other persons wishing to express alternate views. Loud, unruly outbursts will result in removal from the meeting. PUBLIC PARTICIPATION & ORAL COMMUNICATIONS ORAL COMMUNICATION Members of the public are encouraged to speak on any item listed on the agenda. You may also raise topics that are not on the agenda by speaking under the section titled Oral Communications. Please note that the Council is not able to undertake extended discussion of items not on the agenda, nor can it take action on those items. However, it may refer such items to staff for appropriate action which may include placement on a future agenda. Speakers are limited to up to three minutes for each item or under Oral Communications. Please submit a Request to Speak card so that the Mayor can call you to the speaker's podium at the appropriate time. C O P E RT I N O AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, January 15, 2008 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS -PRESENTATIONS Proclamation declaring January as National Blood Donor Month 2. Cupertino Square shopping center update. 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 December 18 City Council meeting. 4. Adopt resolutions accepting Accounts Payable for December 28 and January 4, Resolution Nos. 08-007 and 08-008. January 15, 2008 Cupertino City Council Page 2 Cupertino Redevelopment Agency 5. Adopt a resolution accepting Pa~oll for December 28, Resolution No. 08-009. 6. Accept the City's year-end financial reports for 2006-07. 7. Accept the Treasurer's Bud eg t Report for November 2007. 8. Approve the extension of a two-year contract with the city's financial auditors Maze and Associates. 9. Acceptance of municipal imgrovements, Cheng Hsin Yin & Vickie Peng, APN 357-17- 059, 10038 Orange Avenue, (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including curb and gutter, sidewalk, trenching and erosion control as required by the improvement agreement with the City. 10. Acceptance of municipal improvements, Adobe Terrace, APN 369-03-001, 20128 Stevens Creek Blvd., (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including paving and concrete, storm drain and mobilization work as required by the improvement agreement with the City. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 11. Consider approving bingo permit renewals. Continue to the meeting of Monday, February 4, 2008. UNFINISHED BUSINESS NEW BUSINESS ORDINANCES STAFF REPORTS COUNCIL REPORTS January 15, 2008 Cupertino City Council Page 3 Cupertino Redevelopment Agency CLOSED SESSION 11. Closed session regarding public employee performance evaluation -Government Code Section 54954.5 -evaluation of City Manager Dave Knapp. ADJOURNMENT Adjourn to Tuesday, January 22 at 6:00 p.m., 10300 Torre Avenue, Conference Room A, to conduct commission interviews. REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The Ciry of Cupertino has adopted the provisions of Code of Civil Procedure X1094.6; litigation challenging a decision of the Ciry CounciURedevelopment 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 Ciry 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. WRITTEN COMMUNICATION Written communication is another method used to address the City Council. If such written communication pertains to an agenda item and is received by the City Clerk prior to noon on the Wednesday preceding the Council meeting, it can be duplicated and distributed as supporting information to the pertinent agenda item. The City Council discourages the submission of any printed material during the course of the meeting as this does not provide the time necessary to give it fair evaluation. If materials are presented at the meeting, at least one copy must be given to the City Clerk for the permanent record, however seven copies are preferred. PUBLIC HEARINGS There are two kinds of public hearings: those required by law, and those called by the City Council on its own volition. In either event, the purpose is to provide the opportunity for all persons to be heard. Sign-up cards are available and may be completed and submitted to the City Clerk prior to the start of the item. These cards are used to facilitate preparation of the record of the meeting. Comments are restricted to three minutes. COUNCIL ACTION ORDINANCES Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances must first be presented at one meeting as a "first reading;" and then at a subsequent meeting, there must be a "second reading and adoption." Following a waiting period of thirty (30) days in most cases, during which time ordinances are published in a local newspaper approved for this purpose, ordinances go into effect. RESOLUTIONS Resolutions and minute orders are the means by which the City Council formally adopts policies or approves the taking of specific actions. These go into effect when adopted. APPEALS Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk, within fourteen (14) days of the action. RECONSIDERATION Any interested person, including the applicant, prior to seeking a judicial review of the City Council's decision on a matter, must first file a petition for reconsideration with the City Clerk within ten (10) days after the Council's decision. Any petition so filed must comply with Municipal Ordinance Code §2.08.096. SERVICES AGENCY TELEPHONE NUMBERS: City of Cupertino General Information (City Hall) (408) 777-3200 (408) 777-CITY Fire (Emergency) Santa Clara County Fire Dept. 911 Police (Emergency) Santa Clara County Sheriff 911 Garbage Los Altos Garbage Company (408) 725-4020 Parks & Recreation Quinlan C ommunity Center (408) 777-3120 Public Health Santa Clara County Public Health (408) 732-3720 Sanitary Sewers Cupertino Sanitary District (408) 253-7071 Water San Jose Water (408) 279-7900 California Water (650) 917-0152 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.