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.