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00. AgendaGUPERTINO AGENDA CUPERTINO CITY COUNCIL -- REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY -V REGULAR MEETING 10300 Torre Avenue, City Hall Conference Room A 10350 Torre Avenue, Community Hall Council Chamber Monday, January 12, 2009 5:30 p.m. CITY COUNCIIL MEETING CLOSED SESSION - 5:30 p.m. City Hall Conference Room A 1 . Appointment, Employment, Evaluation of .Performance, Discipline or Dismissal of Public Employee -Government Code Section 54957(b) (1) regarding the City Attorney. ~No documentation in packet). PLEDGE OF ALLEGIANCE - 6:45 p.m. Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS -PRESENTATIONS 2. Proclamation to the American Red Cross for National Blood Donor Month. (No documentation in packet). 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. 3. Approve the minutes from the December 16 CiTy Council meeting. January 12, 2009 Cupertino Cit}' Council Page 2 Cupertino Redevelopment Agency 4. Adopt resolutions accepting Accounts Payable for December 12, 19, and 31 Resolution Nos. 09-001 through 09-003. Adopt resolutions accepting Pavroll for December 12 and 26, Resolution Nos. 09-004 and 09-005. 6. Accept the Treasurer's Investment Report for November 2008. 7. Accept an application for an Alcoholic Beverage License for Tomokazu Japanese Cuisine, 20625 Alves Dr., On-Sale Beer &c Wine -Eating Place (41). Adopt a resolution approving a Parcel Ma~~, Saeed F. Ghazvini, 10075 Pasadena Avenue, APN 357-17-112, Resolution No. 09-006. Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. 9. Adopt a resolution approving a Parcel Math, Kong-Yeu Han and Sue-Jane Han and Huei- Hwang Hung and Tracy Hsu, 21871 Dolores Avenue, APN 357-14-026, Resolution No. 09-007. Approval of the parcel map permits the map to be forwarded to the County for recording, which completes the subdivision. 1 O. Adopt a resolution accepting a Quitclaim L)eed and Authorization for Underground Water Rights, Nancy Hong and Dereck X. Loi, 10160 Stern Avenue, APN 375-12-006, Resolution No. 09-008. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 11. Accept City nroiects performed under contract: Local Streets Pavement Management 2, Project No. 2008-OS (G. Bortolotto 8z Company, Inc.). The City's contractor G. Bortolotto 8c Co_mpany, Inc. has completed work on the Local Streets Pavement Management 2 Project. The work consisted of roadway surface improvements including placement of aspl-ialt overlays, cape seals and slurry seals. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 12. Consider approving bingo Hermit renewals for the Senior Center Coordinating Council and St. Joseph's Church. January 12, 2009 Cupertino City Council Page 3 Cupertino Redevelopment Agency UNFINISHED BUSINESS NEW BUSINESS 13. Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 08-165, Resolution No. 09-009. 14. Consider Application Nos. U-2008-01, E.A-2008-07, ASA-2008-06, TM-2008-01, TR- 2008-08, Kevin Dare / 500 Forbes, LLC (3outh Vallco Main Street Project); North Side of Stevens Creek Boulevard between Finch Avenue St Tantau Avenue, APN Nos. 316-20- 078, 316-20-079, 316-20-085: (Continued from December 16): a) Negative declaration b) 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 parlv'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) Tentative man 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) hou:~ing, facility, 145,000 square foot 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) d) Tree Removal request to remove approximately 93 trees in conjunction with a proposed master plan for amixed-use development 15. Consider accepting a painting of President-Elect Barack Obama from Fariba Nejat, on behalf of the Iranian Federated Women's Club and Payvand Cultural School. 16. Consider implementing Phase II of the CitS~ Wellness Program. 17. Select Council assignments for local and regional organizations and agencies. (No documentation in packet). January 12, 2009 Cupertino City Council Page 4 Cupertino Redevelopment Agency ORDINANCES 18. 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". STAFF REPORTS COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provtsiona~ of Code of Civil Procedure X1094.6; litigation challenging a final decision of the City Council/R~~development Agency must be brought within 90 days after a decision ss announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prier to seeking judicial review of the city council's decision with respect to quasi judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. 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 offsce at ->OS-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 hours.