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00. AgendaCUPERTINO AGENllA CUPERTINO CITY COUNCIL ~ REC:ULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10300 Torre Avenue, City Hall Conference Room A 10350 Torre Avenue, Community Hall Council Chamber Tuesday, October 21, 2008 6:00 p.m. CITY COUNCII. MEETING ROLL CALL - 6:00 p.m. Conference Room A Interview candidate for a vacancy on the Public Safety Commission. CLOSED SESSION 2. Pending litigation -Government Code Section 54956.9(a) regarding George Louie v. City of Cupertino. RECESS PLEDGE OF ALLEGIANCE - 6:45 p.m. Council Chamber ROLL CALL CEREMONIAL MATTERS -PRESENTATIONS 3. Recognition for Webloe Scouts Pack 33. (I~'o documentation in packet). POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for person:; 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. October 21, 2008 Cupertino City Council Page 2 Cupertino Redevelopment Agency CONSENT CALENDAR Unless there are separate discussions and/or actio~is requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Approve the minutes from the September 16, 17, 30 and October 7 City Council meetings. 5. Adopt resolutions accepting Accounts Payable for October 3 and 10, Resolution Nos. 08- 135 and 08-136. 6. Adopt a resolution accepting Pa roll for October 3, Resolution No. 08-137. 7. Accept applications for an Alcoholic Bever~~~e License: a) Vinety Faire, 10478 Bonny Drive -Beer and Wine Wholesaler (17), Off Sale Beer and Wine (20) b) Baia Fresh, 20735 Stevens Creek Blvd., H - On Sale Beer and Wine (41) 8. Adopt a resolution accepting dedication of real property for roadwaYpurposes, Cupertino Homes, LLC, a California Limited Liability Company, Jollyman Lane /Orline Court, Apn(s) 359-22-060 and 359-22-061, Resolution No. 08-138. The property owners of this residential development agree to grant to the City a right of way dedication, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 9. Accept municipal improvements, Cupertino Greenleaf LLC, A California Limited Liability Company, Greenleaf Court, APN _326-33-017. The applicant has completed City-specified improvements in the City right-of--way, including sidewalk, driveway, easement, and curb & gutter work as required by the improvement agreement with the City. 10. Adopt a resolution amending the City of Cupertino's contract with Ca1PERS to continue allowing pre-tax payroll deductions for service credit purchases, Resolution No. 08-139. 11. Consider adopting a resolution to retroactively apply the reduced photovoltaic systems (solar) fee for quasi-public buildings to April 1, 2007, Resolution 08-140. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) October 21, 2008 Cupertino City Council Page 3 Cupertino Redevelopment Agency PUBLIC HEARINGS 12. Consider the Heart of the City Specific plan amendments to achieve conformance with the General Plan, Application No. SPA-2008-01, Heart of the City, Stevens Creek Boulevard between Highway 85 and the Ea;~tern City limit. 13. Consider a Municipal Code Amendment to the Single Family R1 Ordinance (section 19.28.060) regarding the allowed ratio of the second floor building area compared to the first floor building, area. The revised Ordinance will consider adjusting the allowed ratio to facilitate greater architectural diversity, but will not consider increasing or decreasing the total allowed building area on an R1 lot or changing the required second story setbacks. The Ordinance amendment will also include minor language clarifications relating to gardening activities and miscellaneous wording changes to improve the readability of the document, Application No. MCA-2008-03, City of Cupertino, Citywide. UNFINISHED BUSINESS 14. Receive an update on the investment policy. NEW BUSINESS 15. Consider taking up the question of increasing office allocation as part of a General Plan amendment. 16. Adopt mid-year bud eg_ t adjustment No. 1. 17. Receive a report on the Cupertino Americans with Disabilities Act (ADA) Transition Plan. 18. Consider the City Manager and City Attorn~;y ordinances: a) First reading of Ordinance No. 08-'.032: "An Ordinance of the City of Cupertino repealing section 2.28.202 and amending section 2.28.040 D relating to the C~ Manager" b) First reading of Ordinance No. 08-2033: "An Ordinance of the City of Cupertino amending section 2.18.040 relating ro the City Attorney" 19. Renew agreement for lease on the City Attorney's office. ORDINANCES October 21, 2008 Cupertino City Council Page 4 Cupertino Redevelopment Agency STAFF REPORTS COUNCIL REPORTS ADJOURNMENT Adjourn to Friday, Oct. 24, at 7:30 a.m. for a clos~:d session to interview candidates for the City Attorney position, City Hall, Conf. Room A, 10300 Torre Avenue. 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/RF~development 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 with respect to quasi judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council's de~~ision. Any petition so fcled 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 508-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority c!f 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 fours.