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00 Agenda · CUPEIQ1NO AGENDA CUPERTINO CITY COUNCIL - REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY - REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, April 4, 2006 5:30 p.m. ROLL CALL - 5:30 p.m. STUDY SESSION I. Conduct a study session on industrial business in Cupertino. (Continuing discussion from March 7). RECESS PLEDGE OF ALLEGIANCE - 6:45 p.m. ROLL CALL PUBLIC COMMENTS REGARDING CLOSED SESSION CLOSED SESSION 2. Negotiations for purchase. sale. exchange. or lease of real propertv - Government Code Section 54956.8, California Dolphin Swim School lease, Therese Smith, Don McCarthy, Charles Kilian, Terry Greene. CEREMONIAL MATTERS - PRESENT A TIONS 3. Presentation from Board member Tony Estremera of the Santa Clara Vallev Water District for Cupertino's membership in the Water Resources Protection Collaborative - "Escaping the Constraints Award" from the Public Officials for Environmental Reform (POWER). (Continued from January 3). (No documentation in packet). 4. Presentation of a donation from the Monta Vista High School Future Business Leaders of America for the Library donation campaign. (No documentation in packet). April 4, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 2 POSTPONEMENTS - Consider continuation of item number 25, regarding the Vallco Development Agreement, to May 2. 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. 5. Adopt resolutions accepting Accounts Pavable for March 17 and 24, Resolution Nos. 06- 057 and 06-058. 6. Adopt a resolution accepting Payroll for March 24, Resolution No. 06-059. 7. Accept the Treasurer's Investment report for February 2006. 8. Approve budget adiustment to cover costs of additional City Council and Planning Commission March meetings. 9. Authorize recruitment of a part-time Disaster Preparedness position to assist with the existing training courses, outreach and volunteer management. 10. Adopt a resolution setting a public hearing date of April 18 to consider abating a public nuisance at 10630 Carver Drive, APN No. 375-32-020, Patrick W. McGrath property owner, Resolution No. 06-060. 11. Adopt a resolution approving an improvement agreement with Sandra L. Delgado, 10739 Santa Lucia Road, APN 342-17-100: a) Lot I, Resolution No. 06-061 b) Lot 2, Resolution No. 06-062 12. Adopt a resolution supporting ABI17 (Cohn) to restore full property tax TEA Funding to the City of Cupertino, Resolution No. 06-063. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) April 4, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 3 PUBLIC HEARINGS 13. Consider adopting a resolution adopting the 2006-07 Annual Action Plan and the use of fourth program year (2006-07) Communitv Development Block Grant (CDBG) Funds and Human Service Grants, Resolution No. 06-064. 14. Consider adopting a resolution accepting the 2006-07 Fee Schedule, Resolution No. 06- 065. UNFINISHED BUSINESS 15. Request from the Cupertino Union School District (CUSD) to amend the eligibility requirements for the Below Market Rate (BMR) program to give CUSD teachers a point for working within the City of Cupertino limits, regardless of the city they are working in, as long as they are employed by CUSD. (Continued from March 7). NEW BUSINESS 16. Consider terminating the lease with California Dolphin Swim School. (Action item if necessary - documentation was distributed for closed session). 17. Consider adopting a resolution authorizing the City Manager to negotiate and execute a non-exclusive encroachment agreement between the City and Infor- Tech Communications, a wholly owned subsidiary of OnFiber Communications, Inc., for the installation and maintenance of telecommunications system throughout the City, Resolution No. 06-066. 18. Consider an appeal by David and Margaret Critzer and Jowei Chen of the Notice of Determination by the City Manager denying the appeal of the Community Development Director's decision regarding the installation of a bathroom window at 20272 Northcove Square. (Continued from February 27). 19. Consider adopting a resolution authorizing the City Manager to execute a second amendment to the City's existing agreement with the Santa Clara Vallev Water District for the reconstruction of the bridge on Bollinger Road over Calabazas Creek, Resolution No. 06-067. 20. Consider Application Nos. U-2006-02, ASA-2006-04 (EA-2006-04) for Vallco restaurants, Mike Rohde (Vallco Fashion Park), 10123 N. Wolfe Road, APN No. 316-20- 064. (Continued from March 22): a) Negative Declaration b) Use Permit and Architectural and Site approval applications to construct a 5,910 square foot restaurant (Islands Restaurant) and a 6,020 square foot restaurant April 4, 2006 Cupertino City Council Cupertino Redevelopment Agency Page 4 (California Pizza Kitchen) on the northwest corner of Stevens Creek Boulevard and N. Wolfe Road 21. Receive a resignation letter from Parks and Recreation Commissioner Rod Brown, and select an application deadline and interview date. 22. Discuss the Santa Clara County Cities Association Selection Committee appointment to the Bav Area Air Oualitv Management District Board. 23. Discuss the Crest Award process and policy. 24. Report on the City's Fiscal Strategic Plan, and set a studv session date of May 2 at 5:30 p.m. (No documentation in packet). ORDINANCES 25. Conduct the second reading of Ordinance No. 1976: "An Ordinance of the City Council of the City of Cupertino Modifying a Development Agreement (I-DA-90) to Encompass the Development Proposed in U-2005-16, ASA-2005-11, Z-2005-05 and TR-2005-04 for a 137 Unit, Two- and Three- Story Residential Condominium Development at 10123 N. Wolfe Road." (Vallco). (Continued from March 22). (Consider continuation to May 2). STAFF REPORTS COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. 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 oj the meeting.