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00 Agenda CITY OF CUPEI\TINO AGENDA CUPERTINO CITY COUNCIL -- REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY -- REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Monday, November 6, 2006 6:30 p.m. CITY COUNCIL MEETING ROLL CALL - 6:30 p.m. CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a) regarding Betty Levi vs. City of Cupertino. (No documentation in packet). RECESS PLEDGE OF ALLEGIANCE - 6:45 p.m. CEREMONIAL MATTERS - PRESENT A TIONS 2. Proclamation recognizing Martin Bishop. (No documentation in packet). 3. Proclamation for outstanding library services. (No documentation in packet). 4. Proclamation to Santa Clara County Librarian Mary-Ann Wallace in recognition of 35 years of service. (No documentation in packet). 5. E-services presentation regarding the City MapGuide. (No documentation in packet). POSTPONEMENTS WRITTEN COMMUNICATIONS November 6,2006 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. 6. Approve the minutes from the October 17 and 18 City Council meetings. 7. Adopt resolutions accepting Accounts Payable for October 13 and 20, Resolution Nos. 06-176 and 06-177. 8. Adopt a resolution accepting Payroll for October 20 Resolution No. 06-178. 9. Accept the Treasurer's Budget report for September 2006. 10. Accept applications for an Alcoholic Beverage License: a) Strike Cupertino VFP LLC, 10123 N. Wolfe Rd. (Vallco Fashion Park) b) Una Mas, 21267 Stevens Creek Blvd. (Oaks Shopping Center) 11. Adopt resol~tions expressing intent to vacate rights of way: a) McClellan Road and Madrid Place, Resolution No. 06-180 Excess road right of way along McClellan Road at Madrid Road is to be vacated by the City and annexed to the property at 21988 McClellan Road. A public utility easement will be maintained over the land. The resulting McClellan Road right of way will better match the McClellan Road roadway alignment. The developer of the land division and single family dwelling at 21988 McClellan Road will be required to landscape the annexed area. b) Dolores Avenue, Resolution No. 06-181 Excess road right of way along Dolores Avenue at Byrne Avenue is to be vacated by the City and annexed to the property at 21926 Dolores Avenue. The resulting Dolores A venue right of way will better match the future Dolores Avenue roadway alignment. November 6, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 3 12. Adopt a resolution approving a final parcel map, 10760 S. Stelling Road, Lands of Jauch, APN 359-22-062, Resolution No. 06-182. Approval of the final map permits the map to be forwarded to the County for recording, which completes the subdivision. 13. Adopt resolutions approving improvement agreements: a) Stevens Canyon Villas, LLC, Stevens Canyon Road and St. Andrews A venue. APN(s) 356-03-001; 356-03-045, 046, 047, and 048, Resolution No. 06-183 Through an improvement agreement with the City for multi-family/single-family development building permit, these applicants will be obligated to bond and construct city-specified roadside improvements, including curb, gutter, sidewalk, and driveway, along the street frontage of their building site. b) Cupertino Square, LLC, 10123 North Wolfe Road, Suite #EPS4 (J.C. Penney Parking Structure), APN 316-20-037, Resolution No. 06-184 Through an improvement agreement with the City for a parking structure building permit, these applicants will be obligated to bond and construct city-specified roadside improvements, including curb, gutter, and sidewalk, along the street frontage of their building site. 14. Adopt a resolution amending the Alcohol & Drug Abuse Policy from Part II, Section 2 of the Administrative Rules and Regulations of the Personnel Code, Resolution No. 06-185. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS UNFINISHED BUSINESS 15. Consider adopting a resolution implementing the General Plan Policy 2-42: Revenue Analysis of Office Developments, Resolution No. 06-186. NEW BUSINESS 16. Authorize the City Manager to negotiate and execute a minor amendment to the contract with Life Time Tennis, which insures that the City earns equivalent income for lessons given by Life Time Tennis at De Anza College. November 6,2006 Cupertino City Council Cupertino Redevelopment Agency Page 4 17. Consider recommendations from the Association of Bay Area Governments Pooled Liability Assurance Network (ABAG PLAN) to enhance the City's Risk Management Program: a) Adopt a resolution adopting a Risk Management Policy, Resolution No. 06-187 b) Conduct the first reading of Ordinance No. 06-1988: "An Ordinance of the Cupertino City Council Adding Chapter 1.18 to the Cupertino Municipal Code Regarding the Administration of Claims" 18. Approve mid-year budget adjustments for fiscal year 2006/07. 19. Provide policy direction regarding the commercial sale of art on public property. 20. Adopt a resolution approving the 2006-07 Citizens' Option for Public Safety (COPS) grant funding program, Resolution No. 06-179. 21. Adopt a resolution authorizing the City Manager to negotiate and execute an extension of an existing lease agreement between the City and Pacific Bell Wireless. LLC for an antenna site at the City's Service Center, Resolution 06-188. 22. Conduct the first reading of Ordinance No. 06-1989: "An Ordinance of the Cupertino City Council amending Chapter 11.27. Section 11.27.145 of the Cupertino Municipal Code regarding the designation of preferential parking zones to remove preferential parking from Wheaton Drive and Bilich Place." 23. Conduct the first reading of Ordinance No. 06-1990: "An Ordinance of the Cupertino City Council amending Chapter 11.24. section 11.24.150, parking prohibited along certain streets, to include portions of Santa Lucia Road." 24. Conduct the first reading of Ordinance No. 06-1991: "An Ordinance of the Cupertino City Council amending Chapter 11.24. section 11.24.170, stopping. standing. and parking limitations on certain streets, to include portions of Rollingdell Drive and delete portions of Stevens Creek Boulevard." 25. Authorize the Mayor to send a letter on behalf of the City Council supporting the proposed Association of Bay Area Governments (ABAG) Regional Housing Needs Allocation (RHNA) formula. November 6,2006 Cupertino City Council Cupertino Redevelopment Agency Page 5 26. Confirm City Council meetings (No documentation in packet): a) December 5 as a regular business meeting b) December 6 regular adjourned meeting for the selection of new Mayor and Vice- Mayor ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT The Council meeting of November 21 has been canceled. The next regular meeting is on December 5 beginning at 6:45 p.m. REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure ~1 094.6; litigation challenging a decision of the City Council/Redevelopment Agency must be brought within 90 days after the decision is announced unless a shorter time is required by State or Federal law. 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.