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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, June 17, 2008 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS -PRESENTATIONS 1. Proclamation in recognition of Cupertino Amateur Radio Emergency Services (CARES) 20`" anniversary. (No documentation in packet). POSTPONEMENTS ^ The appellant for item number 17 withdrew the appeal after the public hearing had already been advertised. ^ Item number 20 continued to a tentative date of August 19. 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. 2. Approve the minutes from the May 27 and June 2 City Council meetings. June 17, 2008 Cupertino City Council Page 2 Cupertino Redevelopment Agency 3. Adopt resolutions accepting Accounts Payable for May 23, 30, and June 6, Resolution Nos. 08-078 to 08-080. 4. Adopt resolutions accepting Payroll for May 30 and June 13, Resolution Nos. 08-081 and 08-082. 5. Accept the Treasurer's Bud eg t Report for May 2008. 6. Adopt a resolution setting a hearing date of Au ug st 5 to provide for lien assessments and collection resulting from abatement of a public nuisance (brush and weeds), resolution No. 08-083. 7. Authorize the City Manager to negotiate and execute a contract with Linda Rios for delinquency prevention, early intervention, and diversion services to minors served by Cupertino Union School District (CUSD) and the City. 8. Adopt a resolution approving records destruction from the Code Enforcement and City Clerk departments, Resolution No. 08-084. 9. Adopt a resolution setting the date of August 5, 2008 to approve the annexation of area designated "Baxter Avenue 08-0 l ", property located on the west side of Baxter Avenue between Answorth Dr. and Starling Dr., LAU (APN 326-11-012), YIU (APN 326- 11014), Resolution No. 08-085. The property owners of two residential parcels on Baxter Avenue have submitted a request for annexation. The parcels are contiguous to the City of Cupertino and are within its urban service area. This annexation is consistent with City and County urban development policies. 10. Accept municipal improvements, Joseph Jen-Kun Yen, 21872 Hermosa Avenue, APN 357-16-051 (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including curb and gutter, sidewalk, and storm drain work as required by the improvement agreement with the City. 11. Accept municipal improvements, Andy A. Tu, Lily L. Miao, Cai-Xing Xie, Andy Cheng, 10690 Merriman Road, APN 342-16-120 (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including curb and gutter, storm drain, and driveway work as required by the improvement agreement with the City. June 17, 2008 Cupertino City Council Page 3 Cupertino Redevelopment Agency 12. Accept municipal improvements, Murano Homes, Rainbow Drive and Poppy Way, APN(s) 366-19-048, 074, 075 (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including curb and gutter, storm drain, and grading work as required by the improvement agreement with the City. 13. Accept a Citesproject performed under contract for Pavement Restoration, Project No. 2007-04, G. Bortolotto and Company (No documentation in packet). The City's Contractor G. Bortolotto and Company has satisfactorily completed work on the Pavement Restoration Project, Project No. 2007-04. The project is therefore eligible for final acceptance and the retained portion of the progress payments eligible for release to the contractor. 14. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Jian Yang and Hongyang Liu, Shuxing Song and Xiujun Guan, Steven S. Peng and Kathy L. Peng, 10585 San Leandro Avenue, APN 357-OS-012, Resolution No. 08-086. 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. 15. Items related to the City's Pavement Mana eg ment and Reconstruction of Curbs, Gutters, and Sidewalks Programs (a-f): a. Review bids and award the contract for 2007-08 STP Pavement Overlay, Project No. 2007-01, to O'Grady Paving, Inc, in the amount of $317,144.05, and approval of a construction contingency of $32,855.95 to cover any unforeseen work required to complete the project, for a total of $350,000.00 b. Review bids and award the contract for Pavement Restoration, Project No. 2008- 01, to Stevens Creek Quarry & Co., Inc. (SCQ), in the amount of $140,500.00, and approval of a construction contingency of $59,500.00 to cover any unforeseen work required to complete the project, for a total of $200,000.00 Review bids and award the contract for Reconstruction of Curbs, Gutters, and Sidewalks, Project No. 2008-02, to the low bidder for the amount bid, and approval of a construction contingency to cover any unforeseen work required to complete the project. The award will be effective July 1, 2008 d. Review bids and award the contract for Local Streets Pavement Management 1, Project No. 2008-03, to O'Grady Paving, Inc, in the amount of $919,125.93, and approval of a construction contingency of $91,874.07 to cover any unforeseen June 17, 2008 Cupertino City Council Page 4 Cupertino Redevelopment Agency work required to complete the project, for a total of $1,011,000.00. The award will be effective July 1, 2008 e. Review bids and award the contract for Major Streets Pavement Mana eg ment, Project No. 2008-04, to O'Grady Paving, Inc, in the amount of $718,799.31, and approval of a construction contingency of $73,200.69 to cover any unforeseen work required to complete the project, for a total of $792,000.00 £ Authorize the Director of Public Works to negotiate and execute an agreement with Pavement En ing Bering, Inc., for design, testing and inspection services for 2008 Pavement Management Program projects in the amount of $147,100.00, with a contingency of $ 7,900.00 for additional services that may be required upon approval of the Director of Public Works, for a total amount of $155,000.00 16. Set the date of August 5 at 5:00 for a study session to review the status of the Council Work Program. (No documentation in packet). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 17. Consider an appeal of a Planning Commission interpretation finding a car washing facility consistent with the allowed uses of a Planned Development Recreation/Entertainment Zoning District, Application No. INT-2007-01, Greg Malley, 20990 Homestead Rd., APN 326-09-060. The appellant is Bay 18, LLC c/o Michael J. Cheng. (The appellant has withdrawn the appeal). 18. Adopt a resolution approving the review and collection of the existing storm drain fees at no increase in rates for Fiscal-Year 2008-2009, Resolution No. 08-087. 19. Adopt a resolution approving the vacation of a Public Utilities Easement, 10337 Phil Lane, APN 375-OS-027, Resolution No. 08-088. (Continued from May 6). 20. Consider Application Nos. CP-2007-04 (EA-2008-02), City of Cupertino, Citywide, Heart of the City Specific Plan Update. (Continued to a tentative date of Au ug st 19). 21. Consider Application No.(s) U-2007-04, ASA-2007-06 (EA-2007-06), TM-2007-09, EXC-2008-07, TR-2008-02, Applicant Karen Ngo (The Oaks Shopping Center), 21265 Stevens Creek Blvd., APN 326-27-035 (a-e): a. Negative declaration b. Use permit and architectural & site approval to demolish a theater and 2,430 square feet of commercial space and construct a 4-story, 122 room hotel, a 3-story 56,194 square foot mixed use retail/office/convention center building over an June 17, 2008 Cupertino City Council Page 5 Cupertino Redevelopment Agency underground parking podium and site improvements in two phases at an existing shopping center c. Tentative map to subdivide an 8.1 net acre parcel into two parcels of 3.0 and 5.1 acres in size, with one parcel to be further subdivided into four commercial condominium units and a common area lot d. Exception to the Heart of the Cit~pecific Plan to reduce one side-yard setback to 15 feet for a proposed 4-story, 122-room hotel and a 3-story, 56,194 square foot mixed use retail/office/convention center building e. Tree removal request to remove and replace approximately 47 trees that are part of an approved landscape plan for an existing shopping center 22. Receive public comments, discuss, and adopt the 2008-09 budget: a. Negative declaration b. Adopt a resolution establishing an operating and capital budget for fiscal year 2008-09, Resolution No. 08-089 c. Adopt a resolution establishing an appropriation limit for fiscal year 2008-09, Resolution No. 08-090 UNFINISHED BUSINESS NEW BUSINESS 23. Appoint two members to the Zero-Waste ad hoc committee. (No documentation in packet). 24. Appoint one member to the Peninsula Division of the League of California Cities to attend Division dinners and events, per the League president Dan Furtado. 25. Authorize the City Manager to execute a contract with an executive search firm for the City Attorneyposition. 26. Receive a briefing on the Housing Element Update process and select a Council Member to attend the Stakeholder meetings. 27. Approve the schematic design for the uinlan Community Center fountain site. June 17, 2008 Cupertino City Council Page 6 Cupertino Redevelopment Agency ORDINANCES 28. Conduct the second reading of Ordinance No. 08-2028 "Ati Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code to remove Shattuck Drive from Chapter 11.27, Permit Parking Zone, Section 11.27.145, Designation of Preferential Parking Zones." STAFF REPORTS COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING ROLL CALL A. Approve the minutes from the June 2, 2008 meeting. B. Conduct a second public hearing and adopt the Cupertino Redevelopment Agency's Operating Budget for 2008-09, Resolution No. 08-01. ADJOURNMENT The Ciry of Cupertino has adopted the provisions of Code of Civil Procedure X1094.6; litigation challenging a final decision of the City CounciURedevelopment 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 Ciry Hall, 10300 Torre Avenue, during normal business hours.