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12-07-10 Bookmarked Agenda.pdf AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, December 7, 2010 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION POSTPONEMENTS CEREMONIAL MATTERS –PRESENTATIONS ELECTION OF MAYOR AND VICE MAYOR 1.Subject:Council members elect Mayor and Vice Mayor 2.Subject:Mayor and Vice Mayor take oath of office 3.Subject:Comments by Council members and new Mayor 4.Subject:Members of the audience are invited to speak 5.Subject:The public is invited to attend a reception in the lobby 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. Tuesday, December 7, 2010Cupertino City Council Cupertino Redevelopment Agency CONSENTCALENDAR 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. 6.Subject:November 1 City Council minutes Recommended Action:Approve minutes Draft Minutes Page:8 7.Subject:Accounts Payable for period ending November 12, 2010 Recommended Action:Adopt Resolution No. 10-219 Draft Resolution Page:20 8.Subject:Accounts Payable for period ending November 19, 2010 Recommended Action:Adopt Resolution No. 10-220 Draft Resolution Page:26 9.Subject:Accounts Payable for period ending November 24, 2010 Recommended Action:Adopt Resolution No. 10-221 Draft Resolution Page:41 10.Subject:Payroll for period ending November 12, 2010 Recommended Action:Adopt Resolution No.10-222 Draft Resolution Page:46 11.Subject:Payroll for period ending November 24, 2010 Recommended Action:Adopt Resolution No. 10-223 Draft Resolution Page:47 Tuesday, December 7, 2010Cupertino City Council Cupertino Redevelopment Agency 12.Subject:Year-end Financial Reportsfor 2009-10 Recommended Action:Accept Financial Reports for fiscal year ended June 30, 2010 Staff Report CAFR 2010 Redevelopment Agency BFS Pedestrian/Bicycle Facilities (TDA) Grant audit Auditor's Report Investment Policy Appropriations Limit Report (GANN) RDA Annual Report Development Impact Fee Report Page:48 13.Subject:Declare weeds a nuisance and set hearing date of January 18 for objections to proposed removal Recommended Action:Adopt Resolution No. 10-224 Draft Resolution Page:231 14.Subject:Alcoholic Beverage License, Whole Foods Market, 20955 Stevens Creek Boulevard Recommended Action:Approve application for Off Sale General Staff Report Application for ABC License Page:233 15.Subject:Alcoholic Beverage License, Sushi Hana Bistro, 19068 Stevens Creek Boulevard (Loree Shopping Center) Recommended Action:Approve application for On-Sale Beer and Wine for a Bona Fide Public Eating Place Staff Report Application for ABC License Page:239 16.Subject:Citizens' Option for Public Safety (COPS) Grant Recommended Action:Adopt Resolution No. 10-225to approve the 2010-11 COPS grant funding request Staff Report Draft Resolution Page:241 ITEMS REMOVED FROM THE CONSENT CALENDAR(above) Tuesday, December 7, 2010Cupertino City Council Cupertino Redevelopment Agency PUBLIC HEARINGS 17.Subject:Application for a five year extension of permits issued for 10100 North Tantau Avenue Recommended Action:Consider approving a five year extension to a previously approved project to construct a 10,582 square foot retail building and a one-level parking garage. Description:Application M-2010-06; Applicant Alanna Schroeder / Four Corners Properties (Rocktino Fee, LLC); Location 10100 North Tantau Avenue, APN 316-19-061 Application Summary: Modification to the previously approved Use Permit (U-2007-03), Architectural & Site Approval (ASA-2007-05), Exception to the Heart of the City Specific Plan (EXC-2007-08), Tentative Map (TM-2007-08), and Tree Removal Permit (TR-2007-03) for the purpose of extending the expiration date of the approvals for five years Staff Report A. PC Reso 6617 B. Aug. 23, 2007 Council Action Letter C. June 17, 2009 Council Action Letter D. Applicant's Request Letter E. PC Report Nov. 9, 2010 F. Model Reso from Nov. 9, 2010 PC Report G. Draft PC Minutes of the 11-9-10 PC Meeting H. Approved Plans Page:243 UNFINISHED BUSINESS NEW BUSINESS 18.Subject:Possible change to City Council meeting schedule Recommended Action:Consider cancelling meeting of January 4 Description:The decision is necessary at this time in order to accommodate newspaper deadlines for any public hearing notices. Page:No written materials in packet ORDINANCES 19.Subject:Buildings & Construction Ordinance. Recommended Action:Conduct second reading of the Buildings & Construction Ordinance No. 10-2072 Description:An Ordinance of the City Council of the City of Cupertino amending Chapter 16 of the Cupertino Municipal Code and adopting the 2010 California Building Code Standards with appendices and amendments thereto Staff Report A. Draft Ordinance B. Draft Ordinance (strike-out version) C. Revisions to first reading of Draft Ordinance per City Council direction Page:286 Tuesday, December 7, 2010Cupertino City Council Cupertino Redevelopment Agency STAFF REPORTS 20.Subject:Critzer v. City of Cupertino -update to Council on status of litigation Recommended Action:Receive report Page:No written materialsin packet COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; 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, 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 thecouncil’s decision. Any petition so filed 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 qualified 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 of 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 hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site.