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00. AgendaCUPERTINO AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, April 1, 2008 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS -PRESENTATIONS 1. Presentation from Fremont Union High School District (FUHSD) Superintendent Polly Bove and Manager of Strategic Business and Community Services Glenn Evans regarding the state of the district. (No documentation in packet). 2. Proclamation for Vanessa Ing. 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 March 18 City Council meeting. April 1, 2008 Cupertino City Council Page 2 Cupertino Redevelopment Agency 4. Adopt resolutions accepting Accounts Payable for March 14 and 21, Resolution Nos. 08- 037 and 08-038. Adopt a resolution accepting Pa•~ for March 21, Resolution No. 08-039. 6. Adopt a resolution approving an Improvement Agreement, Sin Chon Yong and Yu Ping Lin, 10585 San Leandro Avenue, APN 357-OS-076, Resolution No. 08-040. Through the improvement agreement with the City, the applicant for a building permit for a single-family development will be obligated to bond and construct city-specified roadside improvements along the street frontage of their building site. 7. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Sin Chon Yong and Yu Ping Lin, 10585 San Leandro Avenue, APN 357-OS-076, Resolution No. 08-041. The property owners of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 8. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Sin Chon Yong and Yu Ping Lin, 10585 San Leandro Avenue, APN 357-OS-076, Resolution No. 08-042. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 9. Move the June 3 regular Council meeting to June 2 due to the election. (No documentation in packet). 10. Approve a fee waiver request from the League of Women Voters of Cupertino-Sunnyvale of approximately $280 in facility use fees for use of the Community Hall on May 8, 2008 from 6-9:30 p.m. for a Candidates Forum for the Santa Clara Water District and the Assembly District 22. 11. Adopt a resolution amending the City of Cupertino's Policy Prohibiting Harassment, Discrimination and Retaliation from Part II, Section 3 of the Rules and Regulations of the Personnel Code, Resolution No. 08-043. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 12. Conduct the first of two public hearings regarding the use of sixth program year (2008- 09) Community Development Block Grant (CDBG) funds and Human Service rg_ants, and begin review of the 2008 Annual Action Plan. April 1, 2008 Cupertino City Council Page 3 Cupertino Redevelopment Agency 13. Consider adopting a resolution approving the 2008-09 Fee Schedule, Resolution No. 08- 044. UNFINISHED BUSINESS NEW BUSINESS 14. Provide recommendation to the Valley Transportation Authority (VTA) PAC representative regarding the VTA Board's realm. 15. Consider Application Nos: U-2007-06, ASA-2007-10 (EA-2007-08), Brian Replinger (Cupertino Village), Homestead Rd. & Wolfe Rd. APN: 316-OS-050, 316-OS-051, 316- 05-052, 316-OS-053, 316-OS-056, 316-OS-072, 316-45-017: a) Adopt a negative declaration b) Use Kermit and architectural site approval to construct two one-story retail buildings totaling 24,455 square feet and atwo-level parking structure 16. Approve the 2008 Planning Commission Work Pro rg am. 17. Schedule a date for a study session on the process for analyzing the City Attorney's office and planning for transition. (Staff suggests May 6 beginning at 5:45 p.m.). No documentation in packet. 18. Consider changing the startin tg ime of the April 29 team building session from 5:30 p.m. to 4:00 p.m. 19. Advisory Commission changes and vacancies affecting the Housing Commission, Community Development Block Grant Committee (CDBG), Public Safety Commission, Senior Citizens Commission, and Technology, Information, and Communications Commission: A. Consider appointing Nicole Maroko to the Housing Commission instead of to the Community Development Block Grant (CDBG) Committee, and direct staff to advertise the CDBG vacancy B. Accept the resignation of Public Safety Commissioner Jeff Payne and direct staff to advertise the vacancy C. Accept the resignation of Technology, Information, and Communications Commissioner Eric Klein and direct staff to advertise the vacancy D. Direct staff to advertise an on-going vacancy on the Senior Citizens' Commission April 1, 2008 Cupertino City Council Page 4 Cupertino Redevelopment Agency ORDINANCES 20. Conduct the second reading of Ordinance No. 08-2025: "An Ordinance of the Cupertino City Council amending Chapter 9.22 (Property Maintenance) of the Cupertino Municipal Code to prohibit maintenance of tree stumps." 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 X1094.6; litigation challenging a final 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. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision in this matter, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code X2.08.096. 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. Any writings or documents provided to a majority of the Cupertino City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business /tours.