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00. Agenda CUPEIQ"INO AGENDA CUPERTINO CITY COUNCIL - REGULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10300 Torre Avenue, City Hall Conference Room A (5:00 p.m.) 10350 Torre Avenue, Community Hall Council Chamber (6:45 p.m.) Tuesday, March 20, 2007 5:00 p.m. CITY COUNCIL MEETING INTERVIEWS - 5:00 p.m. City Hall Conference Room A 1. Conduct interviews for the Parks and Recreation and Bicycle Pedestrian Commissions. RECESS ROLL CALL CLOSED SESSION 2. Labor negotiations - Government Code Section 54957.6 regarding the evaluation of the City Manager. (No documentation in packet). RECESS PLEDGE OF ALLEGIANCE - 6:45 p.m. Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS - PRESENTATIONS 3. Proclamation recognizing the week of March 19 as Hepatitis B Awareness week. (No documentation in packet). 4. Vallco update. Continued from March 6. (No documentation in packet). POSTPONEMENTS WRITTEN COMMUNICATIONS March 20, 2007 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. 5. Approve the minutes from the March 6, City Council meeting. 6. Adopt resolutions accepting Accounts Payable for February 23 and March 2, Resolution Nos. 07-040 and 07-041. 7. Adopt a resolution accepting Payroll for March 9, Resolution No. 07-042. 8. Oppose Senate Bill 49 (Migden), which would create a 100-mile radius as a "no 49-er Stadium zone". 9. Accept municipal improvements, Li Shing and Lumin S. Chang, 21915 Lomita Avenue, APN 357-16-068. (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. Adopt a resolution approving an improvement agreement, Kelly Gordon Development Corporation, 10114 Crescent Court, APN(s) 327-17-009 and 327-17-030, Resolution No. 07-043. Through an improvement agreement with the City for a multi-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. 11. Adopt a resolution approving a final tract map for Kelly Gordon Development Corporation, 10114 Crescent Court, APN(s) 327-17-009 and 327-17-030, Resolution No. 07-044. Approval of the final tract map permits the map to be forwarded to the County for recording, which completes the subdivision. March 20, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 3 12. Adopt a resolution approving a Stormwater Management Facility Easement Agreement, Kelly Gordon Development Corporation, 10114 Crescent Court, APN(s) 327-17-009 and 327-17-030, Resolution No. 07-045. Through an agreement with the City, the property owners of this residential 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. 13. Adopt a resolution approving a Stormwater Management Facilities Operation and Maintenance Agreement, Kelly Gordon Development Corporation, 10114 Crescent Court, APN(s) 327-17-009 and 327-17-030, Resolution No. 07-046. Through an agreement with the City, the property owners of this residential development will be required to operate and maintain stormwater management facilities in accordance with the approved Stormwater Management Plan, to minimize adverse impacts due to changes in storm and surface water flow conditions. 14. Accept the resignation of Housing Commissioner Richard Abdalah, direct staff to notice the unscheduled vacancy, and set the date to conduct interviews for May 22. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 15. Consider two appeals of the Planning Commission's decision to deny an appeal of a Residential Design Review approval and a Minor Residential Permit to construct a new, two-story 4,219 square foot residence with two-second story rear yard decks, Application Nos. R-2006-08 and RM-2006-13, Cliff Cowles (Moigani residence), 21180 Grenola Avenue, APN 326-28-057. (Continued from March 6). The appellants are: a) Jessica Rose and John Tracy b) Elena Herrera and Subir Sengupta 16. Consider an appeal of the Planning Commission's decision to modify the use permit for Peet's Coffee to allow an opening time of 5:30 a.m., Application No. M-2006-07, Laura Thomas (Peet's Coffee), 20807 Stevens Creek Blvd., APN 326-32-051. The appellant is Council member Richard Lowenthal. (Continued from March 6). 17. Conduct the first of two public hearings regarding the use of fifth program year (2007-08) Community Development Block Grant (CDBG) funds and Human Service grants, and begin review of the 2007-08 Annual Action Plan. March 20, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 4 UNFINISHED BUSINESS NEW BUSINESS 18. Adopt a resolution authorizing the City Manager to negotiate and execute a third amendment to the City's existing agreement with the Santa Clara Valley Water District for the reconstruction of the bridge on Bollinger Road over Calabazas Creek, Resolution No. 07-047. 19. Adopt a Resolution regarding the intent to Vacate a Public Utility Easement on 10720 Alderbrook Lane, APN 369-20-047, Resolution No. 07-048. 20. Discuss and make a recommendation to remove the protected-permissive left-turn traffic signal operation (flashing red turn signals) at several intersections in Cupertino. 21. Consider a code change regarding construction hours on Sundays. 22. Conduct the first reading of Ordinance No. 07-1999: "An Ordinance of the City of Cupertino, Amending Title 11, Section 11.24.140 of the Cupertino Municipal Code (Parking for Purposes of Servicing or Repairing, Regarding For-Sale Signs in Cars), to Conform the Provisions of the Code to the Requirements of Current Case Law, and Conform the Provisions of the Code to be Consistent With Present City Practices." ORDINANCES 23. Conduct the second reading of Ordinance No. 07-1998: "An Ordinance of the Cupertino City Council Pre-zoning 13.5 acres to Pre-PR (Public Park or Recreational Zoning District) and Pre- T (Transportation Zoning District) Lands East of Saratoga Creek to the Centerline of Lawrence Expressway from Highway 280 to Bollinger Rd., APN 375-21- 001 and 375-22-001." ST AFF REPORTS 24. Receive status report on General Fund Revenue and Expenditures. (No documentation in packet). COUNCIL REPORTS ADJOURNMENT March 20, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 5 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 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. 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.