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00. Agenda 11-01-05 · 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 Page 2 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) November I, 2005 Cupertino City Council Cupertino Redevelopment Agency Page 3 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). November 1, 2005 Cupertino City Council Cupertino Redevelopment Agency Page 4 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.