00. AgendaCIJPERTINO
AGENDA
CUPERTINO CITY COUNCIL --- REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY --- REGULAR MEETING
10350 Torre Avenue, Commu~iity Hall Council Chamber
Tuesday, Decennber 2, 2008
6:45 p.m.
CITY COUNCIIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION
CEREMONIAL MATTERS -PRESENTATIONS
1. Proclamation to Yamaeami's Nursery for their 60th anniversary. (No documentation in
packet). Continued from Nov. 18.
POSTPONEMENTS
Continue Item No. 13 to January 20.
ELECTION OF MAYOR AND VICE-MAYOP:
2. Council members elect Mayor. (No documentation in packet).
3. Council members elect Vice-Mayor. (No d~~cumentation in packet).
OATHS OF OFFICE
4. City Clerk gives Oath of Office to new Council officers. (No documentation in packet).
COMMENTS BY NEW MAYOR
COMMENTS BY COUNCIL MEMBERS ANTI PUBLIC
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Cupertino Redevelopment Agency
RECEPTION
The public is invited to attend a brief reception in the lobby (20 minutes.)
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 Con:~ent Calendar be acted on simultaneously.
5. Approve the minutes from the November 18 City Council meeting.
6. Adopt resolutions accepting Accounts Payable for November 7 (continued from Nov. 18),
November 14, and November 21, Resolution Nos. 08-150, 08-157, and 08-158.
7. Adopt resolutions accepting Payroll for l~(ovember 14 and 26, Resolution Nos. 08-159
and 08-160.
8. Accept the Treasurer's Investment Report for October 2008.
9. Accept an application for an Alcoholic Beverage License for Hofbrau Express, 10123 N.
Wolfe Rd., Suite 7 (No. 41 - On Sale Beer and Wine).
10. Accept municipal improvements, Emilio J. Francisco 8c Fatima M. Francisco, 10130
Santa Clara Avenue, APN 326-14-104.
The applicant has completed City-specii:ied improvements in the City right-of--way,
including grading, sidewalk, curb and gutter work as required by the improvement
agreement with the City.
ITEMS REMOVED FROM THE CONSENT CALENDAR above)
PUBLIC HEARINGS
1 1. Consider adopting a resolution vacatine a Public Utilities Easement, Yong Jian Wang and
Zuhong Qu, 21988 McClellan Road, APN 356-08-054, Resolution No. 08-161.
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Cupertino Redevel~~pment Agency
12. Consider Application No. SPA-2008-01; Heart of the City; Stevens Creek Boulevard
between Highway 85 and the Eastern city limit. Heart of the City Specific plan
amendments to achieve conformance with the General Plan. (Continued from October
21).
13. Consider Application Nos. U-2008-02, EA.-2008-08, ASA-2008-07, TR-2008-09; Rajeev
Chopra (Ebrahim Kaabipour), 10165 North De Anza Boulevard, APN: 326-34-057, for a
hotel, restaurant, bar, lounge, and conference rooms. (Continue to Jan. 20).
a. Mitigated negative declaration
b. Use Permit to demolish an existing gasoline station car wash and construct a 5-
story, 138-room hotel of approximately 82,000 square feet that includes a
restaurant, bar, lounge, and conference rooms built over atwo-level underground
parking podium that contains tandem parking
c. Architectural and Site Approval for a proposed 5-story, 138-room hotel of
approximately 82,000 square feet that includes a restaurant, bar, lounge, and
conference rooms built over a two-level underground parking podium that
contains tandem parking
d. Tree Removal request to remove 6 trees and replace with a comprehensive
landscape plan
UNFINISHED BUSINESS
NEW BUSINESS
14. Accept report on the hiring of an Envirorunental Affairs Coordinator as directed in the
Fiscal Year 2008-09 adopted budget.
15. Appeal from Mr. Sridar Obilesetty regarding undergrounding utilities, 10171 Lebanon
Drive APN 342-14-008.
16. Adopt a resolution recognizing City Attorney Charles Kilian's years of service to the City
of Cupertino, Resolution No. 08-162.
17. Parking ordinances:
a. Conduct the first reading of Ordinance No. 08-2034: "An Ordinance of the City
Council of the City of Cupertino Amending Table 11.24.160 of the Cupertino
Municipal Code Relating to Prohibition of Parking During Certain Hours;
Greenleaf Drive".
b. Conduct the first reading of Ordinance No. 08-2035: "An Ordinance of the City
Council of the City of Cupertino emending Section 1 1.20.020 of the Cupertino
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Cupertino Redevel~~pment Agency
Municipal Code Relating to Vehicular Stop Required at Certain Intersections;
Ann Arbor Avenue at Greenleaf Drive".
c. Conduct the first reading of Ordin,~nce No. 08-2036: "An Ordinance of the City
Council of the City of Cupertino emending Section 1 1.20.030 of the Cupertino
Municipal Code Relating to All Directional Vehicular Stop Required at Certain
Intersections; Calvert Drive at Tilson Avenue."
ORDINANCES
18. Conduct the second reading of Ordinance: No. 08-2033: "An Ordinance of the City of
Cupertino amending section 2.18.040 relating to the City Attornev."
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
Adjourn to Wednesday, December 5 at 1:45 y.m. for a closed session regarding the City Attorney
position, City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California.
REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.
The City of Cupertino has adopted the provtsion:~ of Code of Civil Procedure §1094.6; Litigation
challenging a final decision of the City Council/R,edevelopment Agency must be brought within 90
days after a decision [s announced unless a shorter time ss required by State or Federat law.
Any interested person, including the applicant, prior to seeking judicial review of the city council's
decision with respect to quasi judicial actions, mue-t first fate a petition for reconsideration with the
city clerk within ten days after the council's decision. Any petition so fled must comply with
municipal ordinance code §2.08.096.
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with' qual fed disabilities. If you require special
assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the
meeting.
Any writings or documents provided to a majority ~~f the Cupertino City Council regarding any item
on this agenda will be made available for public inspection in the City Clerk's Office located at City
Hall, 10300 Torre Avenue, during normal business ~-tours.