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00. Agenda CU PEIQ"INO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, September 19,2006 6:00 p.m. CITY COUNCIL MEETING ROLL CALL - 6:00 p.m. CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a) regarding Darlene Lutz vs. City of Cupertino. (No documentation in packet). RECESS PLEDGE OF ALLEGIANCE - 6:45 p.m. ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 2. Presentation on the Disaster Preparedness Council. (No documentation in packet). 3. Presentation on webcasting. (No documentation in packet). POSTPONEMENTS · Item number 10, Union Pacific Railroad telecommunication facility appeal, appellant has asked for a continuance to October 17. · Item number 11, appeal of application at 21761 Granada Avenue, appellant has dropped the appeal. WRITTEN COMMUNICATIONS September 19, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 2 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. 4. Approve the minutes from the August 15 and September 5 City Council meetings. 5. Adopt resolutions accepting Accounts Payable for September 1, Resolution Nos. 06-154. 6. Adopt a resolution accepting Payroll for September 8, Resolution No. 06-155. 7. Accept an application for an Alcoholic Beverage License for Merlion Marketplace, Inc., 19628 Stevens Creek Boulevard (Marketplace). 8. Adopt are resolution approving the destruction of records from the Human Resources, City Clerk, and Public Works departments, Resolution No. 06-156. 9. Adopt a resolution fixing the employer's contribution for medical and hospitalization insurance consistent with the Meyers-Geddes State Employees Medical and Hospital Care Act for public works maintenance employees represented by Operating Engineers, Local Union No.3, Resolution No. 06-157. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 10. Consider an appeal of the Planning Commission's decision to deny a Use Permit and Height Exception for a telecommunication facility consisting of a 65-foot monopole (treepole) and ground equipment, Application Nos. U-2006-05, EXC-2006-03, Jim Mattison (Union Pacific Railroad), McClellan Road & railroad tracks, APN 362-01-025. The appellant is Jim Mattison. (The appellant requests a continuation of this item to October 17). 11. Consider an appeal of the Planning Commission's decision to approve a Use Permit for a new 1,180 square foot commercial/office building and three residential units (5,010 square feet), and Architectural and Site Approval for a new 1,180 square foot commercial/office building and three residential units (5,010 square feet), Application Nos. U-2006-08 & ASA-2006-11, Terry Brown (Ghazvini), 21761 Granada Avenue, September 19, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 3 APN Nos. 357-17-055 & 357-17-056. The appellant is Council member Kris Wang. (The appellant has dropped the appeal). UNFINISHED BUSINESS NEW BUSINESS 12. Consider Application Nos. TM-2006-07 and EA-2006-08, Scott Kelly (Kelly Gordon Development), 10114 Crescent Court, Charles Varian and Nancy Fedders (Charles Varian Trust), APN Nos. 326-17-009 and 326-17-030. (Continued from August 15): a) Negative Declaration b) Tentative Map to subdivide a 2A-acre property into five parcels, with parcel sizes greater than 10,000 square feet, and an approximately 35,000 square foot parcel for creek dedication 13. Consider Application No. M-2006-03, Curtis Leigh (Cupertino Town Center), Southeast comer of De Anza Blvd. and Town Center Lane, APN No. 369-40-043: Planning Commission referral to the City Council for Modification of a Use Permit (U-2002-06) for 19,135 square feet of retail/restaurant space to clarify that general commercial uses are allowed. 14. Authorize the City Manager to sign an agreement to dedicate land and restore the Nathan Hall Tank house near Blackberry Farm Golf Course. 15. Conduct the first reading of Ordinance No. 06-1987: "An Ordinance of the Cupertino City Council Amending Chapter 17 of the Cupertino Municipal Code Related to Regulations Affecting ~." 16. Consider adopting a resolution implementing the General Plan Policy 2-42: Revenue Analysis of Office Developments, Resolution No. 06-158. 17. Consider the process for evaluating the City Attorney position. (Documentation was provided to Council on August 31, 2006). ORDINANCES ST AFF REPORTS 18. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). COUNCIL REPORTS September 19, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 4 ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. 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 oj the meeting.