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00. AgendaCUPERTINO AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, May 20, 2008 6:45 p.m. CITY COUNCIL MEETING PLEASE NOTE: The City Council meeting will start at its usual time of 6:45 p.m. There will be a reception in the Community Hall at 6:00 p.m. for 2008 Assembly District Woman of the Year. Michele Lew. PLEDGE OF ALLEGIANCE - 6:45 p.m. ROLL CALL CLOSED SESSION -None CEREMONIAL MATTERS -PRESENTATIONS 1. Presentation by Speaker Pro Tem Sally Lieber to Michele Lew, the 2008 Assembly District Woman of the Year. (No documentation in packet). 2. Declare the month of May as Foster Care Appreciation Month. (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. May 20, 2008 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. 3. Approve the minutes from the April 15 (continued from May 6), April 29 and May 6 City Council meetings. 4. Adopt resolutions accepting Accounts Payable for April 11, 18, 25 (continued from May 6), May 2 and May 9, Resolution Nos. 08-053-055, 08-064 and 08-065. 5. Adopt a resolution accepting Payroll for April 18 (continued from May 6) and May 2, Resolution Nos. 08-056 and 08-066. 6. Accept the Treasurer's Budget Report for March 2008. (Continued from May 6). 7. Approve the City Investment Policy for 2008. (Continued from May 6). 8. Adopt a resolution declaring brush growing on certain described properties to be a public nuisance and setting a hearing for June 2 for objections to proposed removal, Resolution No. 08-057. (Continued from May 6). 9. Adopt a resolution approving records destruction from the Finance, Code Enforcement, Community Development, and City Clerk departments, Resolution No. 08-067. 10. Accept applications for an Alcoholic Beverage License: a. Hoang A. Cuong (Green Valley Liquor), 10073 Saich Way, Off-Sale General (21). (Continued from May 6) b. Eric Yi (Wang Tofu House), 10789 S. Blaney Ave., On-Sale Beer and Wine - Eating Place (41). (Continued from May 6) c. Hofbrau Beer Hall SV, LLC, 10123 N. Wolfe Rd. #2124, On Sale General - Eating Place (47) 11. Assembly Bill (AB) 939 Solid Waste Mana eg ment programs. (Continued from May 6): a. Approve the Second Amendment to the Agency Agreement for Countywide AB939 Implementation Fee, Resolution No. 08-061 b. Approve the Second Amendment to the Agency Agreement for Countywide Household Hazardous Waste Collection Program, Resolution No. 08-062 May 20, 2008 Cupertino City Council Page 3 Cupertino Redevelopment Agency 12. Accept municipal improvements (No documentation in packet): a. Yun Kei Tsang and Saw Hoon Goh, 21708 Alcazar Avenue, APN 357-19-014 b. Pancal Catalano, L.P., A California Limited Partnership, 11081 S. Stelling_ Road, APN 362-18-003 The applicants have completed City-specified improvements in the City right-of--way, including curb and gutter, sidewalk, and driveway work as required by the improvement agreement with the City. 13. Accept municipal improvements, Steven Canyon Villas, LLC, a California Limited Liability Company, Stevens Canyon Road and St. Andrews Avenue, APN(s) 356-03-001, 356-03-045, 356-03-046, 356-03-047, 356-03-048 (No documentation in packet). The applicant has completed City-specified improvements in the City right-of--way, including curb and gutter, sidewalk, driveway and erosion control work as required by the improvement agreement with the City. 14. Adopt a resolution authorizing the City Manager to apply for, accept, and appropriate an allocation of Transportation Development Act Article 3 Pedestrian and Bicycle Project grant funding from the Metropolitan Transportation Commission in the amount of $115,040.00 for the Mary Avenue Bicycle Footbridge. These funds are included as part of the overall budget previously approved by Council for the Marv Avenue Bicycle Footbridge project, Resolution No. 08-068. 15. Authorize the City Manager to sign an agreement with Santa Clara County, designating the County as lead agency under the Surface Mining and Reclamation Act (SMARA) and the California Environmental Quality Act (CEQA) to process a reclamation plan amendment for Stevens Creek Quarry, Inc., 12100 Stevens Canyon Road, which encompasses a portion of territory under the jurisdiction of Cupertino. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS UNFINISHED BUSINESS 16. Award a Construction Contract to Ferma Corporation for the construction of the Stevens Creek Corridor Phase lA Project in the amount of $2,265,457.70 and approve a construction contingency in the amount of $500,000. 17. Status report on the South Vallco Master Plan. (Sandhill Properties). May 20, 2008 Cupertino City Council Page 4 Cupertino Redevelopment Agency 18. Consider a proposal for the best use of $300,000 earmarked for safety around schools. (Continued from May 6). 19. Consider options for a green building program and other sustainabilit~progxams, Application No. CP-2007-01, City of Cupertino, Citywide. NEW BUSINESS ORDINANCES 20. Conduct the second reading of Ordinance No. 08-2026: "An Ordinance of the Cupertino City Council amending Cupertino Municipal Code, Chapter 11.08, Section 11.08.270, relating to prohibition of skateboarding and roller skating to add the prohibition of skateboarding and roller skating at the Veteran's Memorial in Memorial Park." (Continued from April 15). STAFF REPORTS COUNCIL REPORTS ADJOURNMENT Adjourn to Tuesday, May 27 beginning at 5:00 p.m. for a budget study session, Cupertino Council Chamber, 10350 Torre Avenue. REDEVELOPMENT AGENCY MEETING Canceled for lack of business. Tlie City of Cupertino has adopted the provisions of Code of Civil Procedure X1094.6; litigation challenging a final decision of the Ciry 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 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 office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino Ciry Council regarding any item on this agenda will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours.