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00. Agenda CUPERTINO AGEI\~DA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT ~?GENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, August 4, 2009 6:45 p.m. CITY COUNCI L MEETING PLEDGE OF ALLEGIANCE ROLL CALL CEREMONIAL MATTERS - PRESENTATICINS 1. Presentation regarding a status report on environmental affairs. (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. 2. Approve the minutes from the June 10, July 7 (continued from July 21) and the July 21 City Council meetings. 3. Adopt resolutions accepting Accounts Pay a? ble for July 17 and 24, Resolution Nos. 09- 122 and 09-123 . 4. Adopt a resolution accepting Payroll for July 24, Resolution No. 09-124. August 4, 2009 Cupertino Cit:? Council Page 2 Cupertino Redevelopment Agency 5. Accept the Treasurer's Investment and Bridget Report for June 2009, including a report on General Fund Revenues and Expenditures. 6. Accept an application for an Alcoholic Be~~erage License for Wingstop Restaurant, 19620 Stevens Creek Blvd., Ste. 190, On Sale Beer & Wine -Eating Place (41). 7. Accept a cit~%project performed under contract for the Stevens Creek Corridor Park Phase lA Creek Restoration Project (Ferma Corporation). No documentation in packet. The City's contractor Ferma Corporation has completed work on the Stevens Creek Corridor Park Phase lA Creek Restoratior.~ Project. The work included the relocation and restoration of Stevens Creek Corridor and ~:he planting of the restoration area. 8. Accept municipal improvements, Tiep D. 1Vguyen and Myha P. Nguyen, 22850 San Juan Road, APN 342-18-044. The applicants have completed City-specified improvements in the City right-of--way including grading, storm drain and retaining wall work as required by the improvement agreement with the City. 9. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Amy Cheng, 22823 San Juan Road, APN 342-22-078, Resolution No. 09-125. The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property. 10. Adopt a resolution approving an improvement agreement, Louis Ying Lau and Phyllis Ann Choy Lau, 21600 Rainbow Drive, AP~V 366-38-012, Resolution No. 09-126. Through the improvement agreement witri the City, the applicants for a building permit for asingle-family residential development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site. 11. Review bids and award the contract for th~~ 2009 Slurry Seal Program, Project No. 2009- 06, to American Asphalt, in the amount of $ 633,021.81, and approve a construction contingency of $65,000.00 to cover any unforeseen work required to complete the project, for a total of $698,021.81 (continued from July 21). 12. Santa Clara Valley Water District items: a. Adopt a resolution authorizing the City Manager to negotiate and execute an Amendment to the Joint Use Premises Agreement between the Santa Clara Valley Water District and the City of Cupertino, Resolution No. 09-127 August 4, 2009 Cupertino Cit:~ Council Page 3 Cupertino Redevelopment Agency b. Adopt a resolution authorizing the City Manager to accept and execute the Footbridge Easement Deed and Agreement and pay $500.00 for the easement over the area being granted by Santa Clara Valley Water District to the City of Cupertino for the Mary Avenue Bicycle Footbridge, Resolution No. 09-128 13. Accept a citesproject performed under contract for the Sports Center Up rg ades -Tennis Court Lighting and Sports Court (Cupertino Electric). No documentation in packet. The City's contractor Cupertino Electric has completed work on the Sports Center Upgrades -Tennis Court Lighting and Sports Court Project. The work included the installation of new light poles and the repl~icement of existing lamps. ITEMS REMOVED FROM THE CONSENT (:ALENDAR (above) PUBLIC HEARINGS 14. Consider adopting a resolution vacating a Pacific Gas and Electric Company Utility Easement, City of Cupertino parcel north of Highway 280 underneath the northern approach of the Mary Avenue Bridge. (N~~ documentation in packet). Staff requests this item be tabled. 15. Consider adopting a resolution vacating a Slope Easement, David Nilsson, 10037 Scenic Boulevard, APN 357-09-056, Resolution r1o. 09-129. UNFINISHED BUSINESS NEW BUSINESS 16. Review the argument in favor and the rebuttal argument, if necessary, for the November 3, 2009 election regarding the utili user tax amendment. Authorize signers for each document. 17. Consider the Parks and Recreation Commission recommendation for the use of the Simms and Stocklmeir properties. ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT Please note that the meeting of Aug. 18 has been cancelled. The next regular meeting will be Sept. 1. August 4, 2009 Cupertino Cite Council Page 4 Cupertino Redevel~~pment Agency REDEVELOPMENT AGENCY MEETING ROLL CALL A. Approve the minutes for the June 2, 10, an~i 16 Redevelopment Agency meetings. ADJOURNMENT CITY COUNCIL MEETING ROLL CALL CLOSED SESSION 18. Conference with real property negotiator (Government Code 54956.8). No documentation in packet: a. Property: Lawrence/Mitty Park APIV 375-21-001 b. Negotiating Parties: County of San1:a Clara c. Under Negotiation: Price and terms of payment ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civil Procedure X1094.6; litigation challenging a final decision of the City Council/Redevelopment 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, pria~r to seeking judicial review of the city council's decision with respect to quasi judicial actions, muss! 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 o f the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hour:. and in Council packet archives linked from the agenda/minutes page on the Cupertino web site.