00. AgendaCUPERTINO
AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, September 16, 2008
6:45 p.m.
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION
CEREMONIAL MATTERS -PRESENTATIONS
1. Proclamation honoring Cupertino High School's 50th anniversary. (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 September 2 City Council meeting.
Adopt resolutions accepting Accounts Payable for August 29 and September 5,
Resolution Nos. 08-122 and 08-123.
4. Adopt a resolution accepting Payroll for September 5, Resolution No. 08-124.
September 16, 2008 Cupertino City Council Page 2
Cupertino Redevelopment Agency
5. Rescind Resolution No. 07-055 and adopt the amended Conflict of Interest Code of the
City of Cupertino for officials and designated employees, Resolution 08-125.
6. Approve an application for an Alcoholic Beverage License for Sitar (formerly Taco Del
Mar), 21267 Stevens Creek Blvd., Ste. 320 (On-sale beer and wine for bona fide public
eating place).
7. Adopt a resolution approving an improvement agreement, Marci Properties, LLC, 10056
Orange Avenue, APN 357-17-058, Resolution No. OS-126.
Through an improvement agreement with the City for asingle-family/commercial
development building permit, the applicant will be obligated to bond and construct city-
specified roadside improvements along the street frontage of their building site.
8. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water
Rights, Marci Properties, LLC, 10056 Orange Avenue, APN 357-17-058, Resolution No.
08-127.
The property owners of this residential/commercial development agree to grant to the
City the right to extract water from the basin under the overlying property.
9. Receive the Annual Report from the City Manager.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
10. Consider a new public park design reviewed and recommended by the City of Cupertino
Parks and Recreation Commission, Application Nos. ASA-2008-01 and M-2008-04, a
modification of the Architecture and Site Approval (ASA-2007-03) to amend the fees
required by the conditions of approval, Villa Serra Apartments, Jonathan Moss/Mike
Ducote, 20800 Homestead Rd. APN 326-09-029. (Continued from Aug. 19).
11. Consider aCity-initiated Master Plan for the South Vallco Area, Application Nos. CP-
2008-02 (EA-2008-04), City of Cupertino, Citywide. (Continued from Aug. 19).
12. Consider an appeal of the Planning Commission's decision to approve a Residential
Design Review for a new 4,491 square foot, two-story, single-family residence with a
basement and a Minor Residential Permit for a side facing, second-story balcony on the
new residence, Application Nos: R-2008-14, RM-2008-16, Chia-Ching Lin, 21947 Lindy
Lane, (Krishnapura & Minasandram residence), APN 356-25-029. The appellant is
Seema Mittal & Sarvesh Mahesh.
September 16, 2008 Cupertino City Council Page 3
Cupertino Redevelopment Agency
UNFINISHED BUSINESS
NEW BUSINESS
13. Receive a presentation by the Santa Clara Valley Water District regarding the Permanente
Creek Flood Protection Project.
14. Consider Application Nos. ASA-2008-05, (EA-2008-06), M-2008-01, and TR-2008-06,
Tim Kelly (Embarcadero Capital Partners), 1 Results Way, APN Nos. 357-20-041 and
357-20-046:
a) Negative Declaration
b) Architectural and Site Approval and amendment to Development Approval for the
demolition of five buildings containing about 139,632 square feet and the
development of three new, two-story office buildings containing 155,500 square
feet, atwo-level, 204 space parking garage, surface parking lot and landscaping
improvements at an existing 19.8 acre office park
c) Tree Removal request to remove 303 trees on approved landscape plan and
replace them with 321 trees at the existing office park
ORDINANCES
15. Conduct the second reading of Ordinance No. 08-2030: "An Ordinance of the City of
Cupertino Amending Sections 17.08.010 and 17.32.090 Relating to Temporar~pecial
Event Banners, Promotional Devices, and Portable Signs and Displace."
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
Adjourn to Tuesday, September 30 at 6:45 p.m. for a study session regarding the City Manager
and City Attorney ordinances, Cupertino Community Hall Council Chamber, 10350 Torre
Avenue.
September 16, 2008 Cupertino City Council Page 4
Cupertino Redevelopment Agency
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 City 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 with respect to quasi judicial actions, 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 City 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.