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00 Agenda CUPEIQ1NO Amended on February 2, 2006 to add Item Nos. I8 and I9 AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, February 7,2006 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS I. Proclamation presented to Carlos Corona on the occasion of his retirement. (No documentation in packet). POSTPONEMENTS - Item number 14 will be heard on March 7. 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 January 17 City Council meeting. 3. Adopt resolutions accepting Accounts Payable for January 13, 20, and 27, Resolution Nos. 06-027 through 06-029. 4. Adopt a resolution accepting Pavroll for January 27, Resolution No. 06-030. February 7, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 2 5. Accept the Treasurer's Investment Report for December 2005. 6. Adopt a resolution accepting the Treasurer/Deputv Treasurer appointment, Resolution No. 06-031. 7. Approve the City Investment Policv for 2006. 8. Accept municipal improvements for Amelia Investment. LP (Curb and Gutter, Driveway, Sidewalk, Landscaping), 10079 Saich Way, APN 357-05-046. (No documentation in packet). 9. Adopt a resolution approving an improvement agreement with Victor Michael Mandella and Maryjane Mandella, 20128 Stevens Creek Boulevard, APN 369-03-001 (Curb and Gutter, Driveway, Sidewalk, Grading), Resolution No. 06-032. 10. Appoint Planning Commissioner Marty Miller to be an Environmental Review Committee representative. 11. Approve an application for an Alcoholic Beverage License for Wahoos Fish Taco, 19626 Stevens Creek Boulevard (Marketplace). ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 12. Consider adopting a resolution adopting a Disadvantaged Business Enterprises Program for federally funded projects and establishing a Disadvantaged Business Enterprise Participation Goal of 18.8% for the Federal Fiscal-Year 2005/06, Resolution No. 06-033. (This item was continued from Jan. 17). 13. Consider an appeal of the Design Review Committee's decision to deny an addition that exceeds the allowable floor area ratio in the Oak Valley Planned Development, Application No. DIR-2005-20, Horst Von Bloes (Fry residence), 21161 Canyon Oak Way, APN 342-59-008. (This item was continued from Jan. 3). 14. Consider adopting a resolution ordering a vacation of an air rights easement (V allco) for transit parking and station facilities within the City of Cupertino. (This item will be continued to March 7). (No documentation in packet). 15. Consider Application Nos: U-2005-15, EXC-2005-18, TM-2005-04, Z-2005-04 (EA- 2005-17), Kelly Snider (Toll Brothers), Stevens Creek Blvd. at Finch Avenue, APN No. 316-20-074,316-20-078,316-20-079,316-20-085: a) Mitigated Negative Declaration February 7, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 3 b) Use Permit for a mixed-use development consisting of approximately 113,000 square feet of commercial shopping center, up to 399 residential units and a 3.5- acre public park c) Exceptions from the Heart of the City plan to allow for an average 35-foot front setback along Stevens Creek Boulevard for the commercial shopping center d) Tentative Map to subdivide 4 parcels (approximately 26-acres) into 6 parcels for a residential and commercial development consisting of approximately 113,000 square feet of retail shopping center, up to 399 residential units and a 3.5-acre public park e) Rezoning to allow for a commercial and residential development consisting of approximately 113,000 square feet of commercial shopping center, up to 399 residential units and a 3.5-acre public park First reading of Ordinance No. 1977: "An Ordinance of the City Council of the City of Cupertino Rezoning of an 32.58 Gross Acre Parcel From Planned Industrial Zone, P(MP), to Planned Residential and Commercial, PeRes, Com), and Public Park, PR, Located at North of Stevens Creek Boulevard and South ofI- 280 Between Tantau Avenue and Finch Avenue." UNFINISHED BUSINESS NEW BUSINESS 16. Consider Application Nos. U-2005-09, ASA-2005-06 (EA-2005-06), KCR Development, Inc. (Evershine), 19620-19780 Stevens Creek Blvd. (Marketplace), APN Nos. 369-06- 008,009 and 010: a) Mitigated Negative Declaration b) Use Permit to demolish approximately 15,300 square feet of existing commercial space and construct a new 34,300 square foot two story building at the Marketplace shopping center c) Architectural and Site approval for demolition of approximately 15,300 square feet of existing commercial space and construction of a new 34,300 square foot two story building at the Marketplace shopping center d) Amended gateway design for South Portal A venue by the Marketplace Shopping Center February 7, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 4 ORDINANCES 17. Conduct the second reading of Ordinance No. 1974: "An Ordinance of the City Council of the City of Cupertino Amending Sections of the Cupertino Municipal Code Changing the Term Expiration Date for Advisorv Commissions from January 15 to January 30." 18. Conduct the second reading of Ordinance No. 1975: "An Ordinance of the City Council of the City of Cupertino Rezoning of a 5.l9-Acre Parcel From Planned Development (Regional Shopping) to Planned Development (Regional Shopping/Residential) at 10123 N. Wolfe Road." (Vallco). 19. Conduct the second reading of Ordinance No. 1976: "An Ordinance of the City Council of the City of Cupertino Modifying a Development Agreement (I-DA-90) to Encompass the Development Proposed in U-2005-l6, ASA-2005-11, Z-2005-05 and TR-2005-04 for a 137 Unit, Two- and Three- Story Residential Condominium Development at 10123 N. Wolfe Road." (Vallco). STAFF REPORTS 20. Report on the City's Fiscal Strategic Plan. (No documentation in packet). COUNCIL REPORTS ADJOURNMENT Adjourn to Tuesday, Feb. 13, at 7:30 p.m. for Planning and Public Safetv Commission interviews, Conference Room A, 10300 Torre Avenue, Cupertino. 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 meetin1{.