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00. AgendaAMENDED January 29, 2009 to add the Study Session at 5:30 and Item No. 18B CUPERTINO AGENDA CUPERTINO CITY COUNCIL ~ REIsULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10300 Torre Avenue, City Ball Conference Room A 10350 Torre Avenue, Commu»ity Hall Council Chamber Tuesday, February 3, 2009 5:30 p.m. CITY COUNCIL MEETING ROLL CALL - 5:30 p.m. City Hall Conference F:oom A STUDY SESSION A. Review the City Commission Operations - An informal discussion to explore ways of improving Council/commission integration, including, but not limited to: 1) Interview processes 2) Formation of new commissions 3) Retirement of existing commissions 4) Council/commission integration 5) Progress reporting of commission ~~vork and issues RECESS PLEDGE OF ALLEGIANCE - 6:45 p.m. Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS -PRESENTATIONS POSTPONEMENTS WRITTEN COMMUNICATIONS February 3, 2009 Cupertino City Council Page 2 Cupertino Redevelopment Agency ORAL COMMUNICATIONS This portion of the meeting is reserved for person~~ 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 actio~ls requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 1. Approve the minutes from the January 12 City Council meeting. 2. Adopt resolutions accepting Accounts PaS~able for January 16 and 23, Resolution Nos. 09-013 and 09-014. 3. Adopt a resolution accepting Payroll for January 23, Resolution No. 09-015. 4. Accept the Treasure's Investment Report for December 2008. 5. Adopt a resolution approving the Treasurer/Deputy Treasurer appointment, Resolution No. 09-016. 6. Accept an application for an Alcoholic BE;vera~e License for Regus, 10297 S. De Anza Blvd., On-Sale Beer & Wine -Public Pr~:mises (42). (Continued from Jan. 20. Regus withdrew the application). 7. Accept municipal improvements, Tantau Investments, LLC, 10900 Tantau Avenue, APN 316-09-029. The applicant has completed City-speci:Eied improvements in the City right-of--way, including easement, grading, and on-site storm drain work as required by the improvement agreement with the City. 8. Accept citesprojects performed under contract: Local Streets Pavement Management 1, Project No. 2008-03 (O'Grady Paving, Inc.). The City's contractor O'Grady Paving, I~lc. has completed work on the Local Streets Pavement Management 1 Project. The wog°k included Slurry Seal, Cape Seal and Overlay on Various streets throughout the city. February 3, 2009 Cupertino City Council Page 3 Cupertino Redevelopment Agency 9. Accept cit projects performed under contract: Major Streets Pavement Mana ement, Project No. 2008-04 (O'Grady Paving, Inc.). The City's contractor O'Grady Paving, Inc. has completed work on the Local Streets Pavement Management 1 Project. The work included Slurry Seal, Cape Seal and Overlay on Various streets throughout the city. 10. Accept city projects performed under contr~ict: 2007-08 STP Overlay, Project No. 2007-O1 (G. Bortolotto & Company, Inc.) The City's contractor G. Bortolotto & Comeany, Inc. has completed work on the 2007-08 STP Overlay Project. The work included asphalt overlay on various streets throughout the city. 11. Accept a donation of furniture, fixtures, library reference books, and other items at an appraised value of $16,495.00 from Charles Kilian. 12. Accept the Planning Commission recomme~7dation to appoint Lisa Giefer as the Environmental Review Committee representative. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 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. (Postponed from January 20). 14. Consider Application Nos. MCA-2008-04 (EA-2008-09), City of Cupertino, Citywide: Wireless Communication Facilities. a) Negative declaration b) Municipal Code Amendment to Chapter 19-108-Wireless Communications Facilities, regarding additional siting options, clarifying review criteria and streamlining some of the minor revic;w processes. Conduct first reading of Ordinance 1`10. 09-2038: "An ordinance of the City Council of the City of Cupertino amending chapter 19.108: Wireless Communications Facilities, of the Cupertino Municipal Code regarding the expansion of potential site locations, adding design and siting review criteria and miscellaneous technical changes". February 3, 2009 Cupertino City Council Page 4 Cupertino Redevelopment Agency UNFINISHED BUSINESS 15. Review and approve 2008-09 mid-year bud eg t adjustment #2 which includes a report on City revenue and expenditures. (Continued from Jan. 20). 16. Conduct the first reading of Ordinance T1o. 09-2037: "An Ordinance of the City of Cupertino adding Chapter 19.118.00 requiring artwork in public and private develo ments." (Continued from Jan. 20). NEW BUSINESS 17. Adopt a resolution approving a request for ;;emi-rural desi n~ to eliminate sidewalk requirements along John Way pursuant to Ordinance No. 1925, Resolution No. 09-017. 18A. Consider recommendation from the Cupertino Senior Citizens' Commission to dissolve the Commission. 18B. Report from the study session on commission review process. ORDINANCES STAFF REPORTS 19. Receive a report concerning a citizen complaint regarding excessive noise from a roof mounted mechanical equipment located at t:he Marketplace Shopping Center (Yogurtland), 19770 Stevens Creek Boulev~ird. COUNCIL REPORTS ADJOURNMENT February 3, 2009 Cupertino City Council Page 5 Cupertino Redevelopment Agency REDEVELOPMENT AiJENCY MEETING Canceled for lack of business. The City of Cupertiuo has adopted the provisions of Code of Civil Procedure X1094.6; litigation challenging a final decision of the City Counci//Re~development Agency must be brought within 90 days after a decision is 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 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 office at 4'08-777-3223 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.