00. Agenda
ARCHIVES
CALL FOR A SPECIAL MEETING
OF THE
CUPERTINO CITY COUNCIL
CUPERTINO
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called to be held on Tuesday, December 18, 2007, beginning at
5:00 p.m. in the Community Hall Council Chamber, 10350 Torre Ave., Cupertino,
CA.
Said special meeting shall be for the purpose of conducting a study session
regarding the Stevens Creek Corridor Park Restoration Project.
The regular City Council meeting will immediately follow the study
session in the Council Chamber.
Dated: December 10, 2007
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Kimberly Smi , City Clerk
CUPERTINO
AGENDA
CUPERTINO CITY COUNCIL - SPECIAL MEETING
CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, December 18,2007
5:00 p.m.
CITY COUNCIL MEETING
STUDY SESSION - 5:00 p.m. Community Hall Council Chamber
1. Conduct a study session regarding the Stevens Creek Corridor Park Restoration Proiect.
RECESS
PLEDGE OF ALLEGIANCE - 6:45 p.m. Community Hall Council Chamber
ROLL CALL
CLOSED SESSION
CEREMONIAL MATTERS - PRESENTATIONS
2. Proclamation for STRIKE! Cupertino. (No documentation in packet).
3. Proclamation for the winners of the Lego Robot Com?etition. (No documentation in
packet).
POSTPONEMENTS
The applicant for Item No. 22 regarding Marukai requests a continuance to Jan. 8,2008.
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.
December 18, 2007
Cupertino City Council
Cupertino Redevelopment Agency
Page 2
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.
4. Approve the minutes from the November 20 and December 4 City Council meetings.
5. Adopt resolutions accepting Accounts Payable for November 9, 16, 23, and 30,
Resolution Nos. 07-195. 07-196, 07-197, 07-198.
6. Adopt resolutions accepting Payroll for November 16 and 30, Resolution Nos. 07-199,
07-200.
7. Accept the Treasurer's Investment Report for October 2007.
8. Adopt a resolution declaring weeds on certain properties a nuisance and set a hearing date
of January 8, Resolution No. 07-201.
9. Adopt a resolution approving the destruction of records from the City Clerk and City
Manager departments, Resolution No. 07-202.
10. Approve an application for an Alcoholic Beverage License - On Sale Beer & Wine
Eating Place (41) for Fontana's Italian Restaurant, 20840 Stevens Creek Blvd.
11. Adopt a resolution terminating the California Public Entity Insurance Authority (CPEIA),
Resolution No. 07-203.
12. Approve a fee waiver request from the League of Women Voters of Cupertino-Sunnyvale
of approximately $280 in facility use fees for the use of the Cupertino Community Hall
for a Candidates Forum for the Cupertino City Council candidates on January 10,2008.
13. Adopt a resolution approving an improvement agreement, Evershine VI, L.P., A
California Limited Partnership, Marketplace Shopping Center (Bldg. C), APN(s) 369-06-
009 and 369-06-010, Resolution No. 07-204.
Through an improvement agreement with the City for a commercial unit 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, as well as storm drain facilities and drainage swales.
December 18,2007
Cupertino City Council
Cupertino Redevelopment Agency
Page 3
14. Adopt a resolution authorizing execution of a Stormwater Management Facility Easement
Agreement, Evershine VI, L.P., A California Limited Partnership, Marketplace Shopping
Center (Bldg. C), APN 369-06-010, Resolution No. 07-205.
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.
15. Adopt a resolution authorizing execution of a Stormwater Management Facilities
Operation and Maintenance Agreement, Evershine VI, L.P., A California Limited
Partnership, Marketplace Shopping Center (Bldg. C), APN 369-06-010, Resolution No.
07-206.
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.
16. Adopt a resolution approving a Maintenance Agreement, Bay Colony Investors II, Inc.,
Oak Park Village, 10745 N. De Anza Boulevard, APN 326-10-064, Resolution No. 07-
207.
Through an agreement with the City, the property owners of this residential development
will be required to maintain all non-standard items within the City's right of way.
17. Adopt a resolution authorizing execution of a Stormwater Management Facilitv Easement
Agreement, 1200 San Mateo Avenue, LLC, A California Limited Liability Corporation,
10495 N. De Anza Boulevard, APN 326-33-110, Resolution No. 07-208.
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.
18. Adopt a resolution authorizing execution of a Stormwater Management Facilities
Operation and Maintenance Agreement, 1200 San Mateo Avenue, LLC, A California
Limited Liability Corporation, 10495 N. De Anza Boulevard, APN 326-33-110,
Resolution No. 07-209.
Through an agreement with the City, the property owners of this commercial
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.
December 18, 2007
Cupertino City Council
Cupertino Redevelopment Agency
Page 4
19. Adopt a resolution accepting a Ouitclaim Deed and Authorization for Underground Water
Rights, 1200 San Mateo Avenue, LLC, A California Limited Liability
Corporation, 10495 N. De Anza Boulevard, APN 326-33-110, Resolution No. 07-210.
The property owners of this commercial development agree to grant to the City the right
to extract water from the basin under the overlying property.
20. Adopt a resolution accepting a Grant of Easement for Public Access Purposes, 1200 San
Mateo Avenue, LLC, A California Limited Liability Corporation, 10495 N. De Anza
Boulevard, APN 326-33-110, Resolution No. 07-211.
The property owners of this commercial development agree to grant to the City the right
to enter and use a Public Access Easement over portions of sidewalk residing on the
property.
21. Accept municipal improvements, Baldev Singh Jandu and Harinder Kaur Jandu, 10276
Orange Avenue, APN 357-19-032. (No documentation in packet).
These applicants have completed City-specified improvements in the City right-of-way,
including curb, gutter, sidewalk, and sewer line as required by the improvement
agreement with the City.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
22. Consider Application Nos. U-2007-1l and M-2007-02, Wayne Okubo (Evershine),
19620-19780 Stevens Creek Blvd, APN 369-06-008 to 010. (Applicant requests
continuance to Jan. 8,2008):
a) Use permit to allow a food store (Marukai) totaling 28,690 square feet located in
the Marketplace Shopping Center (former Longs Drug site)
b) Modification to an existing use permit (16-U-76) to modify the conditions under
which food services businesses will be allowed in the Marketplace Shopping
Center along the rear service corridor
UNFINISHED BUSINESS
NEW BUSINESS
23. Consider implementation of a two-year funding cycle for Community Develo?ment
Block Grant (CDBG) public service grants commencing in Fiscal-Year 2008-09.
December 18, 2007
Cupertino City Council
Cupertino Redevelopment Agency
Page 5
24. Consider accepting proposal from Habitat for Humanity for the Cleo A venue Affordable
Housing Development.
25. Consider dissolving the teacher housing assistance program and utilizing the funds for
other affordable housing developments.
26. Adopt a resolution approving the 2007-08 Citizens' Option for Public Safety (COPS)
grant funding program, Resolution No. 07-212.
27. Adopt a resolution establishing an Expense Reimbursement Administrative procedure for
City Council members, commissioners, and committee members, Resolution No. 07-213,
and adopt a resolution amending the Unrepresented Employees Compensation Program
Training and Conferences Policy, Resolution No. 07-214. (Continued from Nov. 5).
28. Select Council committee delegates and alternates.
ORDINANCES
29. Conduct the second reading of Ordinance No. 07-2016: "An ordinance of the City of
Cupertino repealing and re-enacting Chapter 16.16 of the Cupertino Municipal Code
adopting the 2007 edition of the California Electrical Code."
30. Conduct the second reading of Ordinance No. 07-2017: "An ordinance of the City of
Cupertino amending Chapter 16.20 of the Cupertino Municipal Code adopting the 2007
California Plumbing Code."
31. Conduct the second reading of Ordinance No. 07-2018: "An ordinance of the City
Council of the City of Cupertino amending Chapter 16.24 of the Cupertino Municipal
Code and adopting the 2007 California Mechanical Code."
32. Conduct the second reading of Ordinance No. 07-2019: "An ordinance of the City
Council of the City of Cupertino adding Chapter 16.70 to adopt the 1997 Uniform Code
for the Abatement of Dangerous Buildings Code."
33. Conduct the second reading of Ordinance No. 07-2020: "An ordinance of the City
Council of the City of Cupertino repealing and re-enacting Chapter 16.40 of the
Cupertino Municipal Code adopting the 2007 edition of the California Fire Code and the
2006 International Fire Code."
34. Conduct the second reading of Ordinance No. 07-2021: "An ordinance of the City of
Cupertino amending Chapter 16.04 of the Cupertino Municipal Code and adopting the
2007 California Building Code Volumes I and 2."
December 18, 2007
Cupertino City Council
Cupertino Redevelopment Agency
Page 6
ST AFF REPORTS
35. Receive a report on the former Moxley property on Lindy Lane regarding tree planting
and driveway improvements.
36. Receive a staff report on the Heart of City Specific Plan review.
COUNCIL REPORTS
ADJOURNMENT
Adjourn to Tues. Jan. 8 at 6:45 p.m. since the next regular meeting of Jan. 1 falls on a holiday.
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 CounciVRedevelopment 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.