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00. Agenda CUPERTINO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, June 5, 2007 6:45 p.m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS - PRESENT A TIONS 1. Proclamation for Green Businesses in Cupertino. (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 requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Approve the minutes from the May 10, 15, and 22 City Council meetings. 3. Adopt resolutions accepting Accounts Payable for May 11 and 18, Resolution Nos. 07- 091 to 07-092. 4. Adopt resolutions accepting Payroll for May 18 and June 1, Resolution Nos. 07-093 to 07-094. June 5, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 2 5. Accept the Treasurer's Investment Report for April 2007. 6. Approve applications for an Alcoholic Beverage License: a) Whole Foods Market California Inc., 20955 Stevens Creek Blvd. (Previously Anderson Chevrolet site) b) Sushi Tatsumi, 19754 Stevens Creek Blvd. (Marketplace Shopping Center) 7. Adopt resolutions approving a Maintenance Agreement: a) Cupertino Housing Partners LLC, 19507 Stevens Creek Boulevard, APN 316-20- 087, Resolution No. 07-095 b) Cupertino Financial Center Partners LLC, 10080 N . Wolfe Road, APN 316-20- 086, Resolution No. 07-096 Through an agreement with the City, the property owners of these residential and office developments will be required to maintain all non-standard items within the City's right of way (landscaping). 8. Adopt a resolution approving an improvement agreement, Emilio J. Francisco and Fatima M. Francisco, 10130 Santa Clara Avenue, APN 326-14-014, Resolution No. 07-097. Through an improvement agreement with the City for a single-family development building permit, this applicant 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. 9. Adopt a resolution approving a grant of easement for roadway purposes, Emilio J. Francisco and Fatima M. Francisco, 10130 Santa Clara Avenue, APN 326-14-014, Resolution No. 07-098. The owner grants 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. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 10. Conduct the first of two public hearings regarding the 2007/08 budget. 11. Consider adopting a resolution approving housing mitigation fees, Resolution No. 07- . 099. (Continued from May 1). June 5, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 3 12. Consider a Municipal Code Amendment of Chapter 14.18 (Heritage and Specimen Trees), Application No. MCA-2006-02, City of Cupertino, Citywide. (Continued from May 1). First reading of Ordinance No. 07-2003: "An Ordinance of the City of Cupertino Amending Chapter 14.18 of the Municipal Code related to Protected Trees." 13. Consider Application Nos. Z-2006-06 (EA-2006-20), Olivia Jang (Huang), 20916 and 20956 Homestead Road, APN Nos. 326-09-052 and -061. (Continued from May 1): a) Negative Declaration b) Rezoning of a 2.2-gross acre site from Planned Development (Recreation, Entertainment, Limited Commercial) to CG (General Commercial) First reading of Ordinance No. 07-1994: "An Ordinance of the Cupertino City Council Amending Section 1 of Ordinance No. 2 by Rezoning Approximately 2.2 Gross Acres From P (REC, Enter, Ltd Com) To CG Located at 20916 and 20956 Homestead Road Application Z-2006-06 UNFINISHED BUSINESS NEW BUSINESS 14. Consider objections to the proposed removal of brush, and adopt a resolution ordering the abatement of a public nuisance (city-wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 07-073, Resolution No. 07-100. 15. Consider sustaining Code Enforcement's denial of Massage Permit Application No. CE070 10010, Shan Shan Zhu. 16. Adopt a resolution denying a request for a semi-rural designation to eliminate the requirement for sidewalks along Dolores Avenue, pursuant to Ordinance No. 1925, Resolution No. 07-101. 17. Thomas M. McNair, 22261 McClellan Road, APN 357-04-067: a) Adopt a resolution accepting the quitclaim deed for access easement over City property at 22241 McClellan Road, APN 357-06-014, Resolution No. 07-102 b) Release securities for City-specified improvements, including grading, storm drainage and erosion control, as required by the improvement agreement with the City for a single-family dwelling building permit. June 5, 2007 Cupertino City Council Cupertino Redevelopment Agency Page 4 18. Conduct the first reading of Ordinance No. 07-2004: "An Ordinance of the Cupertino City Council Authorizing an Amendment to the Contract Between the Cupertino City Council and the Board of Administration of the California Public Employees' Retirement System." 19. Conduct the first reading of Ordinance No. 07-2005: "An Ordinance of the City Council of the City of Cupertino adding section l4.08.01OK and 14.08.035 to chapter 14.08, Obstruction of Streets, of the Cupertino Municipal Code, regarding the noticing required for the issuance of certain encroachment permits." 20. Conduct the first reading of Ordinance No. 07-2006: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code, Chapter 11.24, Section 11.24.150, Parking Prohibited Along Certain Streets - Hoo Hoo Way East and North Sides Between Carmen Road and the End." ORDINANCES ST AFF REPORTS COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING ROLL CALL A. Approve the minutes from the December 5 and 6, 2006 meetings. B. Review the Cupertino Redevelopment Agency Operating Budget for 2007-08. (No documentation in packet). C. Consider allocating 50% of discretionary funds from the Redevelopment Agency (RDA) future tax increment to be earmarked for a parking structure. ADJOURNMENT 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.