00.AgendaCUPERTINO
AGENDA
CUPERTINO CITY COUNCIL -- REGULAR ADJOURNED MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, April 7, 2009
5:00 p.m.
CITY COUNCIL. MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC HEARING
Consider Heart of the City Specific plan ~unendments to achieve conformance with the
General Plan and to update the Heart of the City elan, Application Nos. SPA-2008-01
Heart of the City, City of Cupertino, Stevens Creek Boulevard between Highway 85 and
the Eastern city limit (Continued from February 3).
CLOSED SESSION
2. Report from Closed Session of March 24, :>_009, regarding the City Manager's evaluation.
No action was taken.
CEREMONIAL MATTERS - PRESENTATIa~NS
The City of Cupertino wishes to recognize Naomi Nakano-Matsumoto for being selected
as the 11th State Senate District's Woman of the Year by State Senator Joe Simitian (D-
Palo Alto).
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.
April 7, 2009 Cupertino City Council Page 2
Cupertino Redevelopment Agency
CONSENT CALENDAR
Unless there aze separate discussions and/or actions requested by council, staff or a member of
the public, it is requested that items under the Consent Calendaz be acted on simultaneously.
4. Approve the minutes from the Mazch 17 and March 24 City Council meetings.
5. Adopt resolutions accepting Accounts Payable for March 6, 13 and 20, Resolution Nos.
09-046 through 09-048.
6. Adopt a resolution accepting Payroll for March 20, Resolution No. 09-049.
7. Accept the Treasurer's Investment and BLidget Report for February 2009, including a
report on General Fund Revenues and Expe~iditures.
8. Adopt a resolution approving the destruction of records from the City Clerk and Human
Resource Departments, Resolution No. 09-050.
9. Accept an application for an Alcoholic Beverage License for Fortune Gazden (formerly
Lucy's Cafe), 21670 Stevens Creek Blvd., ~~n-Sale Beer and Wine for Bona Fide Public
Eating Place (41) and Temporary Retail Permit -only in conjunction with aPerson-to-
Person transfer (30).
10. Accept municipal improvements, Granada Avenue Property, LLC, 21891 Granada
Avenue, APN 357-16-019.
The applicant has completed City-specified improvements in the City right-of--way
including utility service, curb 8c gutter, driveway approach and sidewalk work as required
by the improvement agreement with the City.
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
11. Consider adopting a resolution approving the 2009-10 fee schedule, Resolution No. 09-
051.(Staff suggests Council delay this item until after item No. 13).
12. Consider modification to an existing Use Permit (U-2002-06) to amend the conditions to
allow specialized tutorial or studio uses, and the amount of office/retail uses along De
Anza Boulevazd. Includes a reassessment of the shared pazking arrangement within the
parking structure, Application No. M-2000-O1, Tenny Tsai (Civic Center, LLC), 20050
Town Center Lane, APNs: 369-55-082 and :369-55-083.
UNFINISHED BUSINESS
April 7, 2009 Cupertino City Council Page 3
Cupertino Redevelopment Agency
NEW BUSINESS
13. Consider the following actions for creating; off-leash azeas for dotes in pazks including,
but not limited to:
a) Create a citizen group to work with city staff for site identification and usage plan
for anoff-leash dog area in a city park. This could be a fenced or unfenced area. The
citizen group would gather park users' support, assist with fundraising, conduct a 6-
month trial period, assist with ongoing housekeeping, and monitor behavior in area
b) Amend the City's 2009-10 fee schedule increasing the annual dog license fee by
$1 1.00 (from $15 to $26) for Cupertino residents
c) Authorize City staff to produce a community education about dog laws, fines, and
safety
d) Authorize City staff to discuss with the County of Santa Clara Parks and Recreation
the possibility of constructing a dog park at Stevens Creek County Park
e) Conduct the first reading of Ordinance No. 09-2041: An Ordinance of the City
Council of the City of Cupertino amending Sections 8.01.030 (Animals Running at
Large), 8.01.130 (Public Nuisance), and 8.03.010 (Restraint of Dogs) of the
Cupertino Municipal Code by adding the following: Any person who violates this
section shall be guilty of an infraction and upon conviction thereof shall be
punished as provided in Chapter 1.12
f) Amend the City's Bail Schedule reducing the fine for dogs off- leash and public
nuisance to from $100 to $50
14. Authorize the City Manager to negotiate acid execute a contract with KaBoom! Inc. for
the construction of a playground at Blackberry Farm on June 6, 2009.
15. Set an interview date for one unscheduled vacancy on the Housing Commission. (Staff
recommends April 21 beginning at 6:00 p.m.)
ORDINANCES
16. Conduct the second reading and adopt Ordinance No. 09-2039: "An Ordinance of the
City Council of the City of Cupertino amendling Chapter 19.28: Single-Family Residential
(R1) zones of the Cupertino Municipal Code regazding the allowed ratio of second floor
building area compared to the first floor building area, second story exposed wall rule,
second story setback surchazge, clazification regazding gardening activity and minor
language clean up to improve readability of the document."
April 7, 2009 Cupertino City Council Page 4
Cupertino Redevelopment Agency
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
Adjourn to Tuesday, April 21 at 5:00 for a Closed Session regarding the evaluation of the City
Manager in the City Hall, Conference Room A, 10300 Torre Avenue, to be followed by the
regular meeting in the Community Hall Council Chambers, 10350 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/Re~devetopment Agency must be brought within 90
days after a decision is announced unless a shorter ti~~ste zs required by State or Federat taw.
Any interested person, including the appticant, prior to seeking judicial review of the city council's
decision with respect to quasi-judicial actions, must first jte a petition for reconsideration with the
city cterk within ten days after the council's decision. Any petition so fzted must compty with
municipal ordinance code §2.08.096.
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 4~D8-777-3223 at least 48 hours in advance of the
meeting.
Any writings or documents provided to a majority of the Cupertino City Councit regarding any item
on this agenda wilt be made available for public inspection in the City Clerk's Office located at City
Hatt, 10300 Torre Avenue, during normal business hours.