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00. AgendaCUPERTINO AGENDA CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, March 18, 2008 4:00 p.m. CITY COUNCIL MEETING INTERVIEWS - 4:00 p.m. City Hall Conference Room A 1. Conduct interviews for the Planning, Housing, and Senior Citizens' Commissions and the Community Development Block Grant Committee. RECESS PLEDGE OF ALLEGIANCE - 6:45 p.m. Council Chamber ROLL CALL CLOSED SESSION CEREMONIAL MATTERS -PRESENTATIONS 2. Supervisor Liz Kniss -County issues of concern to the City of Cupertino. (No documentation in packet). 3. Presentation of a check from the Homestead High School Future Business Leaders of America (FBLA) to the City of Cupertino for the restoration of McClellan Ranch. 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. March 18, 2007 Cupertino City Council Page 2 Cupertino Redevelopment Agency 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 March 4 City Council meeting. Adopt resolutions accepting Accounts Payable for February 29 and March 7, Resolution Nos. 08-028 and 08-029. 6. Adopt a resolution accepting Payroll for March 7, Resolution No. 08-030. 7. Adopt a resolution approving an improvement agreement, Bay Colony Investors II, Inc., 10745 De Anza Boulevard, APN 326-10-064, Resolution No. 08-031. Through the improvement agreement with the City, these applicants for a building permit for amulti-family development will be obligated to bond and construct city-specified roadside improvements along the street frontage of their building site. 8. Adopt a resolution approving an improvement agreement, Hamid Ghazvini and Ziba Manouchehrizadeh, 21761 Granada Avenue, APN 357-17-055 and 357-17-056, Resolution No. 08-032. Through the improvement agreement with the City, the applicant for a building permit for a residential and commercial development will be obligated to bond and construct city- specified roadside improvements along the street frontage of their building site. 9. Adopt a resolution accepting a (quitclaim Deed and Authorization for Underground Water Rights, Hamid Ghazvini and Ziba Manouchehrizadeh, 21761 Granada Avenue, APN 357- 17-055 and 357-17-056, Resolution No. 08-033. The property owners of this residential and commercial development agree to grant to the City the right to extract water from the basin under the overlying property. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS UNFINISHED BUSINESS March 18, 2007 Cupertino City Council Page 3 Cupertino Redevelopment Agency NEW BUSINESS 10. Authorize Golden State Bride, the general contractor for the Mary Avenue Bicycle Footbridge, to substitute landscape sub-contractor KCI Environmental, for landscape sub- contractor Ecological Concerns, Inc., at no cost to the City. 11. Consider the Stevens Creek Corridor Park Project -Phase I a) Approve the base project scope and schedule of the Stevens Creek Corridor Park Project and recommendations for alternative project phasing and scheduling of construction into Phase I-A (Creek Restoration) and Phase I-B (Park and Trail Improvements) b) Approve the project budget in the amount of $14,123,000 including a budget augmentation of $1,300,000 as proposed in this report from various sources c) Adopt a resolution authorizing the City Manager to negotiate and execute Amendment No. 3 to the agreement with HNTB Corporation, not to exceed $462,000 for project management and architectural services during construction for the bid, award and construction of Phase 1 A and 1 B of the Stevens Creek Corridor Park Project and providing an amount not to exceed $100,150 for additional services which may be approved as necessary by the Director of Public Works for a total contract amount of $2,037,000, Resolution No. 08-034 d) Adopt a resolution authorizing the City Manager to negotiate and execute an agreement with Swinerton Management & Consulting in an amount not to exceed $575,000 for construction management services during construction for the bid, award and construction of Phase 1 A and 1 B of the Stevens Creek Corridor Park Project, Resolution No. 08-035 e) Adopt a resolution authorizing the City Manager to negotiate and execute an agreement with the Santa Clara Valley Water District for a contribution grant of $803,768 for fish barrier removal and habitat enhancements, Resolution No. 08- 036 12. Consider Application No. MCA-2008-01 and conduct the first reading of Ordinance No. 08-2025: "An Ordinance of the Cupertino City Council amending Chapter 9.22 (Property Maintenance) of the Cupertino Municipal Code to prohibit excessive pruning of trees". 13. Select Teen Commission interview date. (Staff suggests Mon., May 19 or Wed., May 21 beginning at 3:30 p.m.). No documentation in packet. 14. Set a date for a bud eg t study session. (Staff suggests Tues., May 27, Thurs., May 29, or Mon., June 2 beginning at 5:00 p.m.). No documentation in packet. March 18, 2007 Cupertino City Council Page 4 Cupertino Redevelopment Agency ORDINANCES 15. Conduct the second reading of Ordinance No. 08-2024: "An Ordinance of the Cupertino City Council rezoning of a .27 gross acre parcel located at the south east end of Cleo Avenue and Highway 85 from Planned Development Multi-Family (PR3) to Planned Residential, P(RES)" STAFF REPORTS COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure X1094.6; litigation challenging a final decision of the Ciry CounciURedevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision in this matter, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code X2.08.096. 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 offcce at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council regarding any item on this agenda will be made available for public inspection in the Ciry Clerk's Office located at Ciry Hall, 10300 Torre Avenue, during normal business hours.