00. Agenda
CUPEIQ"INO
AGENDA
CUPERTINO CITY COUNCIL - REGULAR ADJOURNED MEETING
CUPERTINO REDEVELOPMENT AGENCY - REGULAR ADJOURNED MEETING
10350 Torre Avenue, Community Hall Council Chamber
Wednesday, December 6, 2006
6:00 p.m.
CITY COUNCIL MEETING
ROLL CALL
CLOSED SESSION
1. Negotiations for purchase, sale, exchange, or lease of real property - Government Code
Section 54956.8, regarding sale of orooertv located at San Juan Road in Cupertino and
Ontario Drive in Sunnyvale. (No documentation in packet).
PLEDGE OF ALLEGIANCE - 6:45 p.m.
CEREMONIAL MATTERS - PRESENTATIONS
2. E-Services presentation regarding the City MaoGuide inquirer. (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 rcqucstcd by council, staff or a member of
the public, it is requested that items under the Consent Calendar be acted on simultaneously.
3. Approve the minutes from the November 6 City Council meeting.
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4. Adopt resolutions accepting Accounts Pavable for October 27, November 9, and
November 17, Resolution Nos. 06-189 through 06-191.
5. Adopt resolutions accepting Payroll for November 3 and 17, Resolution Nos. 06-192 and
06-193.
6. Accept the Treasurer's Investment reoort for October 2006.
7. Declare weeds on certain properties a nuisance and set a hearing date of January 16,2007,
Resolution No. 06-194.
8. Accept applications for an Alcoholic Beverage License:
a) Paul and Eddie's Associates. Inc., 21619 Stevens Creek Blvd. (near Hwy 85)
b) California Pizza Kitchen, 19621 Stevens Creek Blvd. (Vallco Fashion Park)
c) Homestead FFc. Inc., (Bowling Alley), 20990 Homestead Road
9. Accept municioal improvements. Republic Properties, Inc., 22551-22581 Ricardo Road,
APN Nos. 356-03-051, 052, 053, and 054. (No documentation in packet).
These applicants have completed City-specified improvements in the City right-of-way,
including curb, gutter, sidewalk, driveway, and storm drain work, as required by the
improvement agreement with the City for a single-family dwelling building permit.
10. Whole Foods Market, 20955 Stevens Creek Boulevard #A, APN Nos. 326-31-018 and
326-31-020:
a) Adopt a resolution approving a maintenance agreement, Resolution No. 06-195
Through an agreement with the City, the property owners of this commercial
development will be required to maintain all improvements and landscaping
located on the portion of the City's property, which abuts the project along
Stevens Creek Boulevard.
b) Adopt a resolution approving a Stormwater Management Facilities Operation And
Maintenance Agreement, Resolution No. 06-196
Through an agreement with the City, the property owners of this commercial
development will be required to operate and maintain storm water management
facilities in accordance with the approved Stormwater Management Plan, to
minimize adverse impacts due to changes in storm and surface water flow
conditions.
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c) Adopt a resolution approving a Stormwater Management Facilitv Easement
Agreement, Resolution No. 06-197
Through an agreement with the City, the property owners of this commercial
development will be required to grant ingress and egress rights to the City for the
purpose of inspecting stormwater management facilities installed in accordance
with the approved Stormwater Management Plan.
d) Adopt a resolution accepting a grant of easement for roadwav purposes,
Resolution No. 06-198
The owners grant the City of Cupertino, for public roadway purposes, the right of
way to construct, repair, operate, and maintain any and all public utilities and
improvements that shall be or become necessary.
e) Adopt a rcsolution approving an improvement agreement. Resolution No. 06-199
Through the improvement agreement with the City for a commercial development
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.
11. Adopt a resolution authorizing the City Manager to negotiate and execute a waiver of
claims and indemnification agreement with the Metropolitan Transportation Commission
for the city's participation in the Regional Signal Timing Program, Resolution No. 06-
200.
The Regional Signal Timing Program will provide for traffic signal timing consulting
services to be provided to the City at no cost. Entering into a waiver of claims and
indemnification agreement is a condition of Program participation.
12. Accept resignations from Steven Ting (Technology, Information and Communications
Commission) and Ann Woo (Fine Arts Commission), and direct staff to include thosc
unscheduled commission vacancies in the list of positions to be filled during Council
interviews in January.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
13. Consider an appeal of the Planning Commission's decision to deny an appeal of an
approved Minor Residential Permit for a 15-foot rear property line setback for a 392
square foot single-story addition, Application No. RM-2006-28, Philip Covarrubias
(Bates residence), 20077 John Drive, APN 369-33-051. The appellant is Darlene Thorne.
(Staff recommends this item be tabled. The appeal is now unnecessary because the
applicant withdrew his application.)
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14. Adopt resolutions vacating rights of way:
a) McClellan Road at Madrid Place, Resolution No. 06-201
b) Dolores Avenue at Byrne Avenue, Resolution No. 06-202
UNFINISHED BUSINESS
NEW BUSINESS
15. Adopt a resolution receiving the declaration of results from the special municipal election
held on November 7,2006, regarding Measure D (Vallco) and Measure E (Toll Brothers),
Resolution No. 06-203.
16. Auction of surplus property on San Juan Road III Cupertino and Ontario Drive III
Sunnyvale.
17. Mary Avenue Bicycle Footbridge progress report:
a) Adopt a resolution authorizing the City Manager to negotiate and execute
Amendment No.2 between the City of Cupertino and Biggs Cardosa Associates,
for final design and construction phase services in an amount not to exceed
$470,000, Resolution No. 06-204
b) Adopt a resolution authorizing the City Manager to negotiate and execute an
initial agreement with Swinerton Management and Consulting, to provide
Construction Management services to the City for a basic fee not to exceed
$600,000, Resolution No. 06-205
c) Adopt a resolution authorizing the City Manager to negotiate and execute an
agreement between the Santa Clara Valley Water District and the City of
Cupertino regarding the ioint uses of Premises, Junipero Serra Channel.
Resolution No. 06-206
18. Authorize the City Manager to enter into a contract with AT&T DataComm in the
amount of $86,632.97 for a network router upgrade.
19. Approve mid-year budget adiustments for fiscal year 2006-07.
20. Authorize the City Manager to sign an agreement to dedicate land and restore the Nathan
Hall Tank house near Blackberry Farm Golf Course. (Continued from September 19.
Request to continue to January 16). (No documentation in packet).
21. Approve an agreement for consultation services with Insight Consulting Services. LLC.
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Cupertino City Council
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22. Approve an agreement regarding provision ofIP Video Services by AT&T California.
23. Select a date in January 2007 for the City Council goal-setting/work program session and
evaluation ofCitv Manager. Staff recommends Monday, January 8 or Tuesday, January 9.
(No documentation in packet).
ORDINANCES
24. Conduct the second reading and enactment 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."
25. Conduct the second reading and enactment 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."
26. Conduct the second reading and enactment 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."
27. Conduct the second reading and enactment 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."
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
The regular Council meetings of December 19 and January 2 have been canceled.
The next regular meeting will be Tuesday, January 16, at 6:45 p.m.
REDEVELOPMENT AGENCY MEETING
ROLL CALL
A. Approve the minutes from the June 20.2006 meeting. (Continued from December 5).
B. Conduct a public hearing and consider adopting a resolution adopting the Vallco
Redevelopment Project Area 2006-2010 Implementation Plan, APN Nos. 316-20-037,
043, 052, 055, 062, 063, 064, 066, 067, 080, 081, and 082, Resolution No. 06-02.
(Continued from December 5).
December 6, 2006
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Cupertino Redevelopment Agency
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ADJOURNMENT
The regular Redevelopment Agency meetings of December 19 and January 2 have been canceled.
The next regular meeting will be Tuesday, January 16.
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.
The City of Cupertino has adopted the provisions of Code of Civil Procedure 91094.6; 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.