00. Agenda 11-01-05
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CUPEIQ1NO
AGENDA
CUPERTINO CITY COUNCIL - REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, November 1,2005
6:45 p.m.
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENTS REGARDING CLOSED SESSION - None
CLOSED SESSION - None
CEREMONIAL MATTERS - PRESENTATIONS - None
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.
1. Approve the minutes from the October 4 City Council meeting.
2. Adopt resolutions accepting Accounts Pavable for October 14 and 21, Resolution Nos.
05-175 and 05-176.
3. Adopt a resolution accepting Payroll for October 21, Resolution No. 05-177.
November 1,2005
Cupertino City Council
Cupertino Redevelopment Agency
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4. Accept an application for an Alcoholic Beverage License for Fusion Korea, 20956
Homestead Road, Suite A-I (existing restaurant).
5. Adopt a resolution amending to Part Il, Section 3 of the Administrative Rules and
Regulations of the Personnel Code in compliance with current State and Federal law
pertaining to harassment, discrimination and retaliation, Resolution No. 05-178.
6. Receive a written report on events/festival waivers. (This item was continued from
October 18).
7. Adopt a resolution accepting the Final Map for Adobe Terrace, Developer Pinn Bros.,
Tract No. 9762, 20128 Stevens Creek Boulevard, Resolution No. 05-179.
8. Adoption a resolution accepting a Roadwav Easement for Sesharao Patchipala and
Padmavathi Patchipala, husband and wife as community property with right of
survivorship, 10455 Byrne Avenue, APN 357-12-037, Resolution No. 05-180.
9. Adoption a resolution accepting an Irrmrovement Agreement for sidewalk, driveway
approach, curb and gutter work, and street improvements with Sesharao Patchipala and
Padmavathi Patchipala, husband and wife as community property with right of
survivorship, 10455 Byrne Avenue, APN 357-12-037, Resolution No. 05-181.
10. Disadvantaged Business Enterprises (DBE) Program for Federal-aid contracts:
a) Adopt a resolution establishing a Disadvantaged Business Enterprises
Participation Goal for federally funded projects for the Federal Fiscal Year 2005-
06, Resolution No. 05-182
b) Adopt a resolution adopting a method to be used in federal-aid contracts to ensure
prompt and full payrnent of any retainage kept by the prime contractor or
subcontractor to any subcontractor, per Code 40 of the Federal Regulations (CFR)
26.29 and Chapter 9 of the California Department of Transportation Local
Assistance Procedures Manual, Resolution No. 05-183
c) Adopt a resolution authorizing the City Manager to appoint a Disadvantaged
Business Enterprise liaison officer, Resolution No. 05-184
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
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Cupertino City Council
Cupertino Redevelopment Agency
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PUBLIC HEARINGS
11. Consider an appeal of the Planning Commission's approval of Application No. TM-2004-
05, Wayne Aozasa (CA Water Service), located on Greenleaf Dr., APN 326-33-107.
(This item was continued from October 18):
(a) Tentative Map to subdivide a .95-acre parcel into four lots ranging from
approximately 6,430 square feet to 8,880 square feet, plus a remainder of 11,500
square feet
12. Consider Application No. M-2005-02, Dan Ikeda (PSS Ventures, LLC), 20415 Via
Paviso, APN 315-01-213 through 222, regarding a modification of a use permit (8U-94)
to convert a 140-unit apartment project (Aviare) to for-sale residential condominiums.
(This item was continued from October 18).
13. Consider adopting a resolution approving an amendment to the 2005-06 Communitv
Development Block Grant (CDBG) Annual Action Plan, Resolution No. 05-185.
UNFINISHED BUSINESS - None
NEW BUSINESS
14. Adoption a resolution approving a semi-rural designation to eliminate the requirement for
sidewalks on Scenic Boulevard, east of Carmen Road, pursuant to Ordinance No. 1925,
Resolution No. 05-186.
15. Review the bids and award the contract for Reconstruction of Curbs. Gutters. and
Sidewalks, Project No. 2005-08, to CB Construction Co. in the amount of $423,175.00,
and approve a contingent amount of up to $60,000.00 for additional work that may be
identified and approved by the Director of Public Works, for a total of$483,175.00.
16. Receive a report on commissions and committees with terms expiring January 15, 2005,
select an application deadline date of December 23, and interview dates of January 9 and
10, 2006; and extend the expiration of commissions from January 15 to January 30
beginning in 2006. (This item was continued from October 18).
17. Receive the resignation from Technology, Information, and Communications
Commissioner Charlon McIntosh, and initiate the process to fill the unscheduled vacancy.
(This item was continued from October 18).
18. Consider canceling or changing the meeting of December 20, 2005. (No documentation
in packet). (This item was continued from October 18).
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19. Conduct the first reading of Ordinance No. 1970 establishing 3D-minute droD-off zone on
Fort Baker Drive: "An Ordinance of the City Council of the City of Cupertino Amending
Cupertino Municipal Code, Chapter 11.27, Section 11.27.145, Relating to Designation of
Preferential Parking Zones, and Chapter 11.24, Section 11.24.170 Relating to Parking
Limitation On Certain Streets, Replacing Preferential Parking With a 30-Minute Parking
Zone On the West Side of Fort Baker Drive Between Presidio Drive and Hyannisport
Drive. "
ORDINANCES
20. Conduct the second reading of Ordinance No. 1969: "An Ordinance of the City Council
of the City of Cupertino Modifying a Development Agreement (I-DA-90) to Extend the
Term of the Agreement to August IS, 2011 and to Require a Hotel Use for Future
Development in the Northeast Portion of the Property."
STAFF REPORTS - None
COUNCIL REPORTS - None
ADJOURNMENT
REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.
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 oj
the meeting.