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00 agenda 2-27-06 NOTE - Items 26 and 27 will begin at 6:30 p.m. CUPEIQ1NO AGENDA CUPERTINO CITY COUNCIL - REGULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Monday, February 27, 2006 5:00 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENT A TIONS 1. Proclamation for Silicon VaHev Reads month. (No documentation in packet). 2. Proclamation for the World Journal's 30th Anniversarv. (No documentation in packet). POSTPONEMENTS - Due to the number of items on tonight's agenda, the Taylor Woodrow representatives have agreed to a continuation for item number 17. 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. 3. Approve the minutes from the January 30,31, imd February 13 City Council meetings. 4. Adopt resolutions accepting Accounts Pavable for February 3 and 10, Resolution Nos. 06-034 and 06-035. February 27,2006 Cupertino City Council Cupertino Redevelopment Agency Page 2 5. Adopt a resolution accepting Pavron for February 10, Resolution No. 06-036. 6. Adopt a resolution authorizing the destruction of records from the Parks and Recreation department, Code Enforcement, and City Clerk's Office, Resolution No. 06-037. 7. Adopt a resolution supporting the renewal of the Countv's Park Charter, Resolution No. 06-038. 8. Adopt a resolution approving an improvement agreement with Mu Wai Lui and Yuet-Lin Z. So, 10111 Santa Clara Avenue, APN 326-24-025, Resolution No. 06-039. 9. Adopt a resolution approving a grant of easement for roadway purposes, Mu Wai Lui and Yuet-Lin Z. So, 10111 Santa Clara Avenue, APN 326-24-025, Resolution No. 06-040. 10. Adopt a resolution acknowledging the irrevocable offer of dedication for roadway purposes and reserving the right to accept at a later time, Mu Wai Lui and Yuet-Lin Z. So, 10111 Santa Clara Avenue, APN 326-24-025, Resolution No. 06-041. 11. Adopt a resolution acknowledging the irrevocable offer of dedication for roadway purposes and reserving the right to accept at a later time, Robert A. Rickman, 10200 Empire Avenue, APN 326-23-033, Resolution No. 06-042. 12. Adopt a resolution approving an improvement agreement with Sasha Cukic and Aida Cukic, 21796 Stevens Creek Boulevard, APN 357-16-011, Resolution No. 06-043. 13. Adopt a resolution in support of a state constitutional amendment (Proposition 42) dedicating the existing state sales tax on gasoline to fund transportation projects, Resolution No. 06-044. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) ******** NOTE: Item numbers 26 and 27 are scheduled for 6:30 p.m. (time certain). ********* PUBLIC HEARINGS 14. Consider adopting a resolution updating the Nexus Study and new mitigation fees for the Cupertino Below Market Rate (BMR) Housing program and direct staff to draft an inclusionary housing ordinance, Resolution No. 06-045. February 27, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 3 15. Consider Application Nos. U-2005-01, ASA-2005-02, TM-2005-01, Z-2005-01 (EA- 2005-01), Alan Loving (Taylor Woodrow Homes), Bubb Road and Imperial (a portion of Results Way Corporate Park), APN Nos. 357-18-035, 357-20-041, 042 and 043. (The Planning Commission recommends denial). (Due to the number of items on tonight's agenda, the Taylor Woodrow representatives have agreed to a continuation): a) Mitigated Negatiye Declaration b) Use Permit to demolish 175,000 square feet of industrial buildings and construct 94 single-family residential units and recreation areas c) Architectural and Site Approval for 94 single-family residential units and recreation areas d) Tentative Map to subdivide a 12-acre site into 94 lots + 1 held in common e) Rezoning of a 12-acre site from Planned Industrial - P(ML) to Planned Residential- PeRes) Conduct the first reading of Ordinance No. 1978: "An Ordinance of the City Council of the City of Cupertino Rezoning of a 12-Acre Site from ML (Light Industrial) Zoning District to peRES) (Planned Residential) for a 94-Unit Planned Residential Development on Results Way, West of Bubb Road and East of Imperial Avenue." UNFINISHED BUSINESS 16. Consider the Vaney Transportation Agency's (VTA) proposed Quarter cent sales tax measure. NEW BUSINESS 17. Consider an appeal by David and Margaret Critzer and Jowei Chen of the Notice of Determination by the City Manager denying the appeal of the Community Development Director's decision regarding the instanation of a bathroom window at 20272 Northcove Square. (Continued from January 17). 18. At the request of Council member Kwok, consider the Santa Clara Vaney Water District's (SCVWD) proposal to become an independent agency from the County. 19. Adopt a resolution requesting that San Jose refer the proposed development on Kentwood at De Anza (located in the City of San Jose) to the City of Cupertino for review and comment, Resolution No. 06-046. February 27,2006 Cupertino City Council Cupertino Redevelopment Agency Page 4 20. Approve year-end budget adiustments for fiscal year 2004/05 and mid-year budget adjustments for fiscal year 2005-06. 21. Select an interview date of March 21 at 5:30 p.m. for the Parks and Recreation Commission unscheduled vacancy. 22. Select application deadline and interview date for the Teen Commission. 23. Discuss adding City Council meetings on March 8 and 9 beginning at 6:00 p.m. (No documentation in packet). 24. Discuss setting aside the Wednesday after each regular meeting at 6:45 p.m. for additional meetings, as necessary. (No documentation in packet). 25. Select a date and time for a Council workshop on personal emergency preparedness (3- hour course). (No documentation in packet). ORDINANCES 26. Vallco ordinances and noise status report (Continued from February 7 to a time certain of 6:30 p.m.): a) Conduct the second reading of Ordinance No. 1975: "An Ordinance of the City Council of the City of Cupertino Rezoning of a 5.19-Acre Parcel From Planned Development (Regional Shopping) to Planned Development (Regional Shopping/Residential) at 10123 N. Wolfe Road." (Vallco) b) 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-2005-16, 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) c) Noise status report on Va1lco (No documentation in packet) 27. 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." (Continued from February 7 to a time certain of 6:30 p.m.). STAFF REPORTS 28. Report on the City's Fiscal Strategic Plan. (No documentation in packet). February 27, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 5 29. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). COUNCIL REPORTS ADJOURNMENT Adiourn to Tuesday, March 7. 2006. at 5:30 p.m. for a study session regarding industrial business in 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 meeting.