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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, March 17, 2009 6:45 p.m. CITY COUNCI=L MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS -PRESENTATIONS 1. E-services presentation regarding on-line business license and permit applications. (No documentation in packet). POSTPONEMENTS -Item No. 12 postponed to April 7. 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 March 3 anti March 5 City Council meetings. 3. Adopt resolutions accepting Accounts Pa~~able for February 20 and 27, Resolution Nos. 09-03 7 and 09-03 8. 4. Adopt a resolution accepting Payroll for March 6, Resolution No. 09-039. March 17, 2009 Cupertino City Council Page 2 Cupertino Redevelopment Agency 5. Accept the Treasurer's Investment Report i-or January 2009. 6. Adopt a resolution approving the destruction of records from the Parks and Recreation Department (Quinlan), Resolution No. 09-040. 7. Adopt a resolution approving an improvement agreement, Jie Mei, 10170 Peninsula Avenue, APN 326-22-038, Resolution No. 09-041. Through the improvement agreement with the City, the applicant for a building permit for a single-family residential development 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, Jie Mei, 10170 Peninsula Avenue, APN 326-22-038, Resolution No. 09-042. The property owners of this residential development agree to grant to the City the right to extract water from the basin under the ovez•lying property. 9. Accept municipal improvements Lily ~: hang, Inc., a California corporation, 10121 Pasadena Avenue, APN 357-17-045. The applicant has completed City-specified improvements in the City right-of--way including underground utility lines, sidewalk, curb 8z gutter, street tree, driveway approach, and grading work as required by the improvement agreement with the City. 10. Adopt a resolution approving a Parcel Map, Louis Ying Lau and Phyllis Ann Choy Lau, 21600 Rainbow Drive, APN 366-38-012, Resolution No. 09-033 (Continued from Feb. 17). Approval of the parcel map permits the m:ip to be forwarded to the County for recording, which completes the subdivision. 11. Accept an application for an Alcoholic Beverage License for Tatami Buffet, 10123 N. Wolfe Rd. (Cupertino Square) - On-sale Beer and Wine for Bona Fide Public Eating Place (41). ITEMS REMOVED FROM THE CONSENT (;ALENDAR (above) PUBLIC HEARINGS 12. Consider conducting the first reading of Ordinance No. 09-2041: "An Ordinance of the City Council of the City of Cupertino adding Chapter 16.74 to adopt the Wildland Urban Interface Fire Area" (Postponed to April 7;~. March 17, 2009 Cupertino City Council Page 3 Cupertino Redevelopment Agency UNFINISHED BUSINESS 13. Consider a Municipal Code amendment to the Single Family R1 ordinance (section 19.28.060) regarding the allowed ratio of the second floor building area compared to the first floor buildine area, Application No. MCA-2008-03, City of Cupertino, Citywide (Continued from Feb. 17). The revised ordinance will consider adjusting the allowed ratio and associated 2°d floor setback surcharge/exposed wall rule to facilitate greater architectural diversity, but will not consider increasing or decreasing the total allowed building area on an R1 lot The ordinance amendment will also include minor language clarifications relating to gardening activities and miscellaneous wording changes to improve the readability of the document, First reading of Ordinance No. 09-2039: "~~n Ordinance of the City Council of the City of Cupertino amending Chapter 19.28: Single-Family Residential (R1) zones of the Cupertino Municipal Code regarding the allowed ratio of second floor building area compared to the first floor building area, second story exposed wall rule, second story setback surcharge, clarification regarding gardening activity and minor language clean up to improve readability of the document." NEW BUSINESS 14. Receive information item on the Vallco (Cupertino Square) Development Agreement expiration. 15. Cupertino Teen Commission: a) Consider recommendation from the Teen Commission to reduce the size of the commission from 13 to 9 members b) Select interview date (staff suggest: Tues., May 26 beginning at 3:30 p.m.) ORDINANCES 16. Conduct the second reading of Ordinan~~e No. 09-2040: "An Ordinance of the City Council of the City of Cupertino amending Section 2.18.080 of the Municipal Code relating to the City Attorney to clarify wording regarding evaluations". STAFF REPORTS 17. Receive a status report on the Bem Court subdivision (formerly 21711, 21713, and 21731 Alcazar Avenue). March 17, 2009 Cupertino Cite Council Page 4 Cupertino Redevelopment Agency 18. Receive an update of construction activities at the Villa Serra Apartments located at 20800 Homestead Road. 19. Receive a report concerning a citizen complaint regarding excessive noise from a roof mounted mechanical equipment located at the Marketplace Shopping Center (Yoeurtland), 19770 Stevens Creek Boulevard. COUNCIL REPORTS ADJOURNMENT Adjourn to Tuesday, March 24 at 5:00 for a Council work program study session in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue, to be followed by a closed session regarding the evaluation of the City Manager, City Hall Conference Room A, 10300 Torre Avenue. REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter Mime 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 fate a petition for reconsideration with the city clerk within ten days after the council's dE•ctsion. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino wilt make reasonable efforts to accommodate persons wit/t qual fed 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 wilt be made available for public istspection in the City Clerk's Office located at City Halt, 10300 Torre Avenue, during normal business hours.