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00. AgendaCUPERTINO AGENDA CUPERTINO CITY COUNCIL ~ SPECIAL MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10300 Torre Avenue, City Hall Conference Room A 10350 Torre Avenue, Community Hall Council Chamber Tuesday, August 5, 2008 10:00 a.m. ROLL CALL CLOSED SESSION - 10:00 a.m. City Hall Conference Room A Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public Employee -Government Code Section 54957(b)(1) with Murray & Associates regarding the recruitment of the City Attorneyposition. (No documentation in packet). 2. Negotiations for purchase, sale, exchange, or lease of real property -Government Code Section 54956.8 regarding the Blue Pheasant lease. (No documentation in packet). RECESS ROLL CALL STUDY SESSION - 5:00 p.m. Community Hall Council Chamber 3. Conduct a study session regarding the status of the Council Work Program. RECESS PLEDGE OF ALLEGIANCE - 6:45 p.m. Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS -PRESENTATIONS 4. Proclamation for Hema Kundar~i, whose Cupertino public access show "Indian Vegetarian Gourmet" has won prestigious national "2008 Hometown Video Festival" award in the instruction category. (No documentation in packet). August 5, 2008 Cupertino City Council Page 2 Cupertino Redevelopment Agency 5. Presentation to Dolly Sandoval of the Perpetual Trophy from the Silicon Valley Soap Box Derby. (No documentation in packet). POSTPONEMENTS ^ Item No. 28 regarding temporary outdoor signs continue to Aug. 19 at the request of staff ^ Item No. 29 regarding Villa Serra Apartments continue to Aug. 19 at the request of the applicant ^ Item No. 30 regarding S. Vallco area Master Plan continue to Aug. 19 at the request of Sandhill Property 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. 6. Approve the minutes from the June 17 City Council meeting. 7. Adopt resolutions accepting Accounts Payable for June 13, 20, 27, July 11, 18, and 25, Resolution Nos. 08-091 through 08-096. 8. Adopt resolutions accepting Payroll for June 27, July 11, and 25, Resolution Nos. 08-097 through 08-099. 9. Accept the Treasurer's Bud eg_t Report for June 2008. 10. Approve Alcoholic Beveragi Licenses: a. Wine Delight, LLC, 10725 Orline Court; Beer & Wine importer (09), Beer & Wine Wholesaler (17), Off Sale Beer & Wine (20) b. Amicis East Coast Pizzeria, 10310 S. De Anza Blvd., On Sale Beer & Wine - Eating Place (41) August 5, 2008 Cupertino City Council Page 3 Cupertino Redevelopment Agency 11. Adopt a resolution approving records destruction from the Senior Center, Public Works, Code Enforcement, and Finance departments, Resolution No. 08-100. 12. Adopt a resolution making determinations and approving the annexation of area designated "Baxter Avenue 08-01 ", properly located at 10645 Baxter Avenue (APN 326- 11-012) and 10613 Baxter Avenue (APN 326-11014) Lau and Yiu, Resolution No. 08- 101. 13. Application Nos. DIR-2008-17 and DIR-2008-18, Scott Mommer (Public Storage), 20565 Valley Green Dr: a. Approve a request for aone-year extension to July 18, 2009, of the Use Permit (U-2006-03) for a Public Storage facility project b. Approve a request for aone-year extension of the Architectural and Site Approval (ASA-2006-OS) to September 21, 2009, for a Public Storage facility project 14. Notice of increase in the green fees at Blackberry Farm Golf Course. The increase will be $1.00 across the board. 15. Authorize the Mayor to send a letter of support regarding AB 2939 (Hancock) allowing local governments to adopt green building standards. 16. Accept municipal improvements. (No documentation in packet): a. Allen K. Hsu and Cindy S. Hsu, 21926 Dolores Avenue, APN 357-14-015 The applicant has completed City-specified improvements in the City right-of- way, including curb and gutter, sidewalk, grading and storm drain work as required by the improvement agreement with the City. b. 1200 San Mateo Avenue, LLC, 10495 N. De Anza Blvd., APN 326-33-110 The applicant has completed City-specified improvements in the City right-of- way, including grading, sidewalk and driveway work as required by the improvement agreement with the City. c. Ming Xie and Xiaoli Chen, 10170 Lebanon Drive, APN 342-14-018 The applicant has completed City-specified improvements in the City right-of- way, including curb and gutter, sidewalk, street tree and street light work as required by the improvement agreement with the City. August 5, 2008 Cupertino City Council Page 4 Cupertino Redevelopment Agency 17. Accept city projects performed under contract. (No documentation in packet): a. Reconstruction of Curbs, Gutters and Sidewalks, J.J.R. Construction, Inc., Project No. 2007-06 The City's Contractor J.J.R. Construction, Inc., has satisfactorily completed work on the 2007 Reconstruction of Curbs, Gutters and Sidewalks project. The project is therefore eligible for final acceptance. b. Pavement Restoration, Stevens Creek Quarry, Inc, Project No. 2008-01 The City Contractor Stevens Creek Quarry, Inc., has satisfactorily completed work on the 2008 Pavement Restoration Project. The project is therefore eligible for final acceptance. 18. Adopt resolutions approving improvement agreements: a. Sameena Baig, 10630 Linnet Lane, APN 326-47-017, Resolution No. 08-102 Through an improvement agreement with the City for amulti-family single-family development building permit, the applicant will be obligated to bond and construct city-specified improvements, including curb, gutter, pavers and sewer utilities, along the street frontage of their building site. b. Reza Development, LLC, a California Limited Liability Company, 10484 Byrne Avenue, APN 357-14-078, Resolution No. 08-103 Through the improvement agreement with the City for a single-family development, building permit, the applicant will be obligated to bond and construct city-specified roadside improvements along the street frontage of their building site. c. Anna F. NG, 22245 Cupertino Road, APN 326-16-035, Resolution No. 08-104 Through the improvement agreement with the City for a single-family development, building permit, the applicant will be obligated to bond and construct city-specified roadside improvements along the street frontage of their building site. d. Sridhar Obilisetty and Javanthi Sridhar, 10171 Lebanon Drive, APN 342-14-008, Resolution No. 08-105 The improvement agreement has been amended to change the remaining term to six months and to add additional construction securities to cover revised improvement requirements. August 5, 2008 Cupertino City Council Page 5 Cupertino Redevelopment Agency 19. Adopt a resolution accepting a Quitclaim Deed and authorization for Underground Water Rights, Reza Development, LLC, a California Limited Liability Company, 10484 Byrne Avenue, APN 357-14-078, Resolution No. 08-106. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property. 20. Adopt resolutions approving Grants of Easement: a. For Streetlight Purposes, Sanjaya Basnayake, 10343 Menhart Lane, APN 375-15- 040, Resolution No. 08-107 The owners of this property agree to grant to the City the right to enter and use an easement to construct, repair, operate and maintain improvements necessary for the operation of a streetlight. b. For Roadway Purposes, Jonathan H. Huang and Qiong Zhang, 10640 Merriman Road, APN 342-16-074, Resolution No. 08-108 The property owners of this residential development agree to grant to the City for public roadway purposes, together with the right to construct, repair, operate, and maintain any and all public utilities and improvements, a portion of their property. 21. Adopt resolutions approving parcel maps: a. Cheng Hsin Yin and Vickie Peng, 10036, 10038 and 10040 Orange Avenue, APN 357-17-115, Resolution No. 08-109 Approval of the parcel map permits the map to be forwarded to the County for recording. b. Sing-Chung Hu, Trustee, and Hsien-Hsien Diana Hu, Trustee, 10026, 10028 and 10030 Orange Avenue, APN 357-17-114, Resolution No. 08-110 Approval of the parcel map permits the map to be forwarded to the County for recording. 22. Approve the allocation of an additional position of Maintenance Worker III and the elimination of a Maintenance Worker II position in the Public Works Department with no net increase in total positions and no increase in the FY 2008-09 operating budget. 23. Adopt a resolution authorizing the City Manager to negotiate and execute an agreement with Los Altos Garbage Company for the new expanded recycling and environmental program services in an amount not to exceed $70,000 annually, Resolution No. 08-111. August 5, 2008 Cupertino City Council Page 6 Cupertino Redevelopment Agency 24. Items related to the City's Pavement Management Program: a. Review the bids and award the contract for Local Streets Pavement Mana eg~ment 2, Project No. 2008-05, to G. Bortolotto & Co., Inc., in the amount of $1,343,201.39, and approval of a construction contingency of $135,000.00 to cover any unforeseen work required to complete the project, for a total of $1,478,201.39 b. Authorize the Director of Public Works to negotiate and execute an agreement with Pavement Engineering, Inc., for testing, inspection, and construction administration services in connection with Local Streets Pavement Management 2, Project No. 2008-05, in the amount of $81,600.00, with a contingency of $4,400.00 for additional services that may be required upon approval of the Director of Public Works, for a total amount of $86,000.00 c. Authorize the Director of Public Works to negotiate and execute a cooperative agreement between the City of Cupertino and the City of Saratoga for pavement management work on Prospect Road between Stelling Road and De Anza Boulevard to be performed as part of the Local Streets Pavement Management 2 rp o~ ect 25. Adopt a resolution accepting the deed to the Nathan Hall Tank House property and authorizing the City Manager to execute the Certificate of Acceptance of the property on behalf of the City of Cupertino, Resolution No. 08-112. 26. Approve a 30-day extension of negotiation period for the Blue Pheasant property lease option renewal. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 27. Consider Application Nos. U-2007-04, ASA-2007-06 (EA-2007-06), TM-2007-09, EXC- 2008-07, TR-2008-02, Applicant Karen Ngo (The Oaks Sho~ppin Cg enter), 21265 Stevens Creek Blvd., APN 326-27-035 (a-e). Continued from June 17: a. Negative declaration b. Use permit and architectural & site approval to demolish a theater and 2,430 square feet of commercial space and construct a 4-story, 122 room hotel, a 3-story 56,194 square foot mixed use retail/office/convention center building over an underground parking podium and site improvements in two phases at an existing shopping center August 5, 2008 Cupertino City Council Page 7 Cupertino Redevelopment Agency c. Tentative map to subdivide an 8.1 net acre parcel into two parcels of 3.0 and 5.1 acres in size, with one parcel to be further subdivided into four commercial condominium units and a common area lot d. Exception to the Heart of the Cit~pecific Plan to reduce one side-yard setback to 15 feet for a proposed 4-story, 122-room hotel and a 3-story, 56,194 square foot mixed use retail/office/convention center building e. Tree removal request to remove and replace approximately 47 trees that are part of an approved landscape plan for an existing shopping center 28. Consider a Municipal Code Amendment of Chapter 17 allowing temporary outdoor signs or displays, Application No. MCA-2008-02, City of Cupertino, Citywide. (Continue to Aug. 19)• 29. Consider a new public park design reviewed and recommended by the City of Cupertino Parks and Recreation Commission, Application No. ASA-2008-01, Villa Serra Apartments, Jonathan Moss, 20800 Homestead Rd. APN 326-09-029. (Continue to Aug. 19). No documentation in packet. 30. Consider aCity-initiated Master Plan for the South Vallco Area, Application Nos. CP- 2008-02 (EA-2008-04), City of Cupertino, Citywide. (Continue to Aug. 19). No documentation in packet. UNFINISHED BUSINESS 31. Stevens Creek Corridor Phase 1B Project: a. Award a Construction Contract to Robert A. Bothman, Inc to construct the Stevens Creek Corridor Phase 1B Project in the amount of $4,161,300.00 b. Restore $420,000 removed on May 20, 2008 and maintain the Project Budget at $14,123,000 to perform the work needed to bring Blackberry Farm to readiness for its opening next spring 32. Adopt a Resolution authorizing the City Manager to negotiate and execute the First Amendment to the agreement with Swinerton Management and Consulting for construction management services for the completion and closeout of the Mary Avenue Bicycle Footbridge Project in an amount not to exceed $300,000 for a total contract of $900,000 and approval for additional services as may be required subject to the approval of the Director of Public Works in an amount not to exceed $100,000, Resolution No. 08- 113. August 5, 2008 Cupertino City Council Page 8 Cupertino Redevelopment Agency NEW BUSINESS 33. Conduct a hearing and adopt a resolution approving the assessment of fees for the annual weed abatement program (private parcels), Resolution No. OS-114. 34. Designate a voting_ delegate and alternate for the League of California Cities Annual Conference September 24-27. ORDINANCES 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 Ciry 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 Offcce located at City Hall, 10300 Torre Avenue, during normal business hours.