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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. December 6, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 2 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. December 6, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 3 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.) December 6, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 4 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. December 6, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 5 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 Cupertino City Council Cupertino Redevelopment Agency Page 6 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.