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00. AgendaCUPERTINO AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10300 Torre Avenue, City Hall Conference Room A 10350 Torre Avenue, Community Hall Council Chamber Monday, November 3, 2008 6:00 p.m. CITY COUNCII. MEETING ROLL CALL - 6:00 p.m. Council Chamber CLOSED SESSION -Conference Room A 1. Closed Session pursuant to Government Code Section 54956.7 -license application for Jimmv Ching C. Lin. (No documentation in packet). PLEDGE OF ALLEGIANCE - 6:45 p.m. Council Chamber ROLL CALL CEREMONIAL MATTERS -PRESENTATIONS 2. Proclamation to the Santa Claza CountS~ Librazy for achieving the No. 2 ranking nationwide in the Hennen's American Public Librazy Ratings. (No documentation in packet). 3. Proclamation to Los Altos Garbage CompanX (LAGCO) regarding Recycle Day. (No 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. November 3, 2008 Cupertino City Council Page 2 Cupertino Redevelopment Agency 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. 4. Approve the minutes from the October 21 City Council meeting. Adopt resolutions accepting Accounts Payable for October 17 and 24, Resolution Nos. 08-141 and 08-142. 6. Adopt a resolution accepting Payroll for October 17, Resolution No. 08-143. 7. Accept the Treasurer's Budget Report for September 2008. 8. Adopt a resolution expressing the Intent to Vacate a Public Utilities Easement Arthur Wang and Zuhong Qu, 21988 McClellan Road, APN 356-08-054, Resolution No. 08- 144. The property owners of this lot desire to vacate a public utilities easement, which is not required. 9. Adopt a resolution approving an improvement agreement, Villa Serra Apartments, a California Limited Partnership, 20800 and 20900 Homestead Road, APN(s) 326-09-056, 326-09-029, 326-09-047, and 326-09-048, Resolution No. 08-145. Through the improvement agreement with the City, the applicant for a building permit for a multi-family residential apartment development will be obligated to bond and construct city-specified roadside improvements along the street frontage of their building site. 10. Adopt a resolution authorizing the execution of a maintenance agreement, Villa Serra Apartments, a California Limited Partnership, 20800 and 20900 Homestead Road, APN(s) 326-09-056, 326-09-029, 326-09-047, and 326-09-048, Resolution No. 08-146. Through an agreement with the City, the property owners of this multi-family residential apartment development will be required. to maintain all non-standard items within the City's right of way. 11. Adopt a resolution accepting a urant of easement for roadway purposes, Villa Serra Apartments, a California Limited Partnership, 20800 and 20900 Homestead Road, APN(s) 326-09-056, 326-09-029, 326-09-047, and 326-09-048, Resolution No. 08-147. The property owners of this multi-family residential apartment development agree to grant to the City an easement for public roadway purposes, together with the right to November 3, 2008 Cupertino City Council Page 3 Cupertino Redevelopment Agency construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 12. Adopt a resolution accepting a grant of easement for sidewalk yurposes, Villa Serra Apartments, a California Limited Partnership, 20800 and 20900 Homestead Road, APN(s) 326-09-056, 326-09-029, 326-09-047, and 326-09-048, Resolution No. 08-148. The property owners of this multi-family residential apartment development agree to grant to the City an easement for public sidewalk purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS UNFINISHED BUSINESS 13. Receive a report on the Cupertino Americans with Disabilities Act (ADA) Transition Plan. (Continued from October 21). 14. Adopt mid-year budget adjustment No. 1. (Continued from Oct. 21). 15. Consider the City Manager and City Attorney ordinances. (Continued from October 21): a) First reading of Ordinance No. 08-x'032: "An Ordinance of the City of Cupertino repealing section 2.28.202 and amending section 2.28.040 D relating to the City Manager" b) First reading of Ordinance No. 08-2.033: "An Ordinance of the City of Cupertino amending section 2.18.040 relating to the City Attorney" 16. Consider canceling the City Council meeti.nf?S of December 17 and/or January 6, 2009. (No documentation in packet). NEW BUSINESS 17. Consider a Petition for Reconsideration of the City Council's decision to deny an appeal to approve aone-year extension of a tentative parcel map (TM-2005-03) that expires on July 26, 2008. The Tentative Map subdivided an approximately 1.0 acre site into two parcels of about 20,000 square feet each in an R1-20 zoning, Application Nos. DIR-2008- 19, John Dozier, 21925 Lindy Lane, APN 356-25-014. The petitioner is Council member Orrin Mahoney. November 3, 2008 Cupertino City Council Page 4 Cupertino Redevelopment Agency ORDINANCES 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 §1094.6; Litigatson challenging a final decision of the City Counci//RE~development Agency must be brought within 90 days after a decision is announced unless a shorter t.%me 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 ftrst 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 5108-777-3223 at Least 48 hours in advance of the meeting. Any writings or documents provided to a majority cf the Cupertino City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's Offsce located at City HaLL, 10300 TorreAvenue, during normal business leours.