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00. AgendaCUPERTINO AGENDA CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY --- REGULAR MEETING 10300 Torre Avenue, City Hall Conference Room A 10350 Torre Avenue, Community Hall Council Chamber Tuesday, December 16, 2008 3:00 p.m. CITY COUNCI. MEETING CLOSED SESSION - 3:00 p.m. City Hall Conference Room A Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public Employee -Government Code Section 54957(b) (1) regarding the City Attorney position. (No documentation in packet). PLEDGE OF ALLEGIANCE - 6:45 p.m. Council Chambers ROLL CALL CEREMONIAL MATTERS - PRESENTATIQ~NS 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. 2. Approve the minutes from the December 2 City Council meeting. 3. Adopt resolutions accepting Accounts P~able for November 26 and December Stn, Resolution Nos. 08-163 and 08-164. December 16, 2008 Cupertino City Council Page 2 Cupertino Redevelopment Agency 4. Accept the City's year-end financial reports for 2008. 5. Adopt the amended Citv Investment Policy for 2008. 6. Declare weeds on certain properties a nuisance and set a hearing date of Monday, November 12, 2009 Resolution No. 08-165. 7. Adopt a resolution approving the 2008-09 Citizens' Option for Public Safety (COPS) grant funding program, Resolution No. 08-166. 8. Accept city projects performed under contract: Reconstruction of Curbs. Gutters 8c Sidewalks, Project No. 2008-02 (JJR Const-ruction Inc.) The City's contractor JJR Construction has completed work on the Reconstruction of Curbs, Gutters 8~ Sidewalks Project. The v~ork included the repair of sidewalk, curb and gutter at approximately 220 locations and tree installation of 84 ADA Ramps. 9. Adopt a resolution accepting a Grant of Casement for Street light Purposes, Lutheran Church of Our Savior, Cupertino, California, a California Corporation, 10785 Carver Drive, APN 375-35-016, Resolution No. 08-167. The property owners agree to grant to the City an easement for public street light purposes, together with the right to construct, operate, repair and maintain any and all improvements over a portion of the propert:~. 10. Accept an application for an Alcoholic Beverage License for German Bakery, 10123 North Wolfe Road, Suite 2121 (No. 41, On Sale Beer and Wine). 11. Award the contract for the Community Hall Fountain Retrofit Proiect to Pacific Water Art, Inc. in the amount of 190,000.00 with a construction contingency in the amount of $30,000.00. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 12. Consider adopting a resolution regarding Community Development Block Grant (CDBG) funding, Resolution No. 08-168. a) Awarding $500,000 of additional CDBG funding to Maitri to complete purchase of a Cupertino four-plex for transiti~~nal housing. b) Awarding $1,090,000 in Affordable Housing Funds to Senior Housing Solutions for the purchase of single family home for congregate senior housing. December 16, 2008 Cupertino City Council Page 3 Cupertino Redevelopment Agency c) Amending the City of Cupertino's Fiiscal Year 2008-09 Annual Plan detailing to the U.S. Department of Housing and Urban Development (HUD) how the City intends to distribute its Community Development Block Grant (CDBG) funding. d) Dissolve the Teacher Housing Assistance Program and reallocate the funds to Senior Housing Solutions. 13. 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). UNFINISHED BUSINESS NEW BUSINESS 14. Consider Application Nos. U-2008-01, EA-2008-07, ASA-2008-06, TM-2008-01, TR- 2008-08, Kevin Dare / 500 Forbes, LLC (Mouth Vallco Main Street Project); North Side of Stevens Creek Boulevard between Finch Avenue 8~ Tantau Avenue, APN Nos. 316- 20-078, 316-20-079, 316-20-085. (This is an introduction only to this application since the Planning Commission is still hearing it): a) Use Permit and Architectural and Site Approval for a master plan for amixed-use development consisting of approximately: 147,000 square feet of retail commercial; 100,000 square feet of office; a 150 room hotel a 160 unit senior (age restricted housing facility; 145,000 square feet of athletic club; a four level parking garage and a 1.6 acre park town square. (A project alternative consists of approximately 205,000 square feet of office and a 250-room hotel in place of the athletic club.) b) Tentative map to subdivide 3 parcels (approximately 18.7 acres) into 5 parcels for a master plan for amixed-use development consisting of approximately: 147,000 square feet of retail commercial, 100,000 square feet of office, a 150 room hotel, a 160 unit senior (age restricted) housing, facility, 145,000 square foot athletic club, a four level parking garage and a L~5 acre park/town square. (A project alternative consists of approximately 205,000 square feet of office and a 250 room hotel in place of the athletic club) c) Tree Removal request to remove approximately 93 trees in conjunction with a proposed master plan for amixed-u:~e development. 15. Consider appointing an interim Citv Attorn~~. 16. Consider amending the fee waiver for on;~oing events that strengthen cultural ties and awareness. December 16, 2008 Cupertino City Council Page 4 Cupertino Redevelopment Agency ORDINANCES 17. Conduct the second reading of Ordinance No. 08-2034: "An Ordinance of the City Council of the City of Cupertino Amending Table 1 1.24.160 of the Cupertino Municipal Code Relating to Prohibition of Parking During Certain Hours: Greenleaf Drive". 18. Conduct the second reading of Ordinance No. 08-2035: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.020 of the Cupertino Municipal Code Relating to Vehicular Stoo Required at Certain Intersections: Ann Arbor Avenue at Greenleaf Drive". 19. Conduct the second reading of Ordinance No. 08-2036: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.20.030 of the Cupertino Municipal Code Relating to All Directional Vehicular Stop Required at Certain Intersections; Calvert Drive at Tilson Avenue." STAFF REPORTS COUNCIL REPORTS ADJOURNMENT December 16, 2008 Cupertino City Council Page 5 Cupertino Redevelopment Agency REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure X1094.6; Litigation challenging a final decision of the City CounciL/Rc~development Agency must be brought within 90 days after a decision zs announced unless a shorter time is required by State or Federal law_ Any interested person, including the applicant, prior to seeking judicial review of the city council's decision with respect to quasi judicial actions, must first fzte a petition for reconsideration with the city clerk within ten days after the council's de~:ision. Any petition so filed must comply with municipal ordinance code X2.08.096. 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 ~t08-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of 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 /:ours.