00. AgendaCUPERTINO
AGENDA
CUPERTINO CITY COUNCIL -- REGULAR ADJOURNED MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10300 Torre Avenue, City Hall Conference Room A
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, April 21, 2009
4:30 p.m.
CITY COUNCIL MEETING
INTERVIEWS - 4:30 p.m. City Hall Conference Room A
Conduct interviews for a Housing Commission unscheduled vacancy.
CLOSED SESSION - 5:00 p.m. City Hall Conference Room A
2. Public Employee Performance Evaluation -- Government Code Section 54954.5 regarding
the evaluation of the City Manaeer. (No documentation in packet).
3. Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public
Employee -Government Code Section 54957(b)(1) regarding anoointment of the City
Attorney. (No documentation in packet).
PLEDGE OF ALLEGIANCE - 6:45 p.m. Community Hall Council Chamber
ROLL CALL
CEREMONIAL MATTERS - PRESENTATICINS
4. Presentation from the Hsinchu Sister City Association regarding student exchange
program and Chinese tea culture convention event. (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.
April 21, 2009 Cupertino City Council Page 2
Cupertino Redevelopment Agency
CONSENT CALENDAR
Unless there are separate discussions and/or actic~ns requested by council, staff or a member of
the public, it is requested that items under the Consent Calendar be acted on simultaneously.
5. Approve the minutes from the April 7 City Council meeting.
6. Adopt resolutions accepting Accounts Payable for April 3 and 10, Resolution Nos. 09-
052 and 053.
7. Adopt a resolution accepting Payroll for April 3, Resolution No. 09-054.
8. Accept an application for an Alcoholic Beverage License for Cafe Torre, 20343 Stevens
Creek Blvd. - On Sale Beer 8z Wine, Eating Place (41).
9. Authorize the City Manager to negotiate and execute an agreement with the Fremont
Union High School District (FUHSD) for the provision of a summer school program
entitled College Planning Workshop.
10. Accept municipal improvements, Chiao-Fu Chang and Sue-Fay L. Chang; KoK Y. Ho
and Yuet M. Ho; Hsing H Kung and Margaret Kung, 2171 1, 21713 and 21731 Alcazar
Avenue, APN(s) 357-19-058,018,079,080.
The applicant has completed City-specified improvements in the City right-of--way
including street light, street tree, sidewa]',k, curb 8c gutter, curb ramps, and driveway
approach as required by the improvement agreement with the City.
1 1. Adopt a resolution accepting a Quitclaim L)eed and Authorization for Underground Water
Rights, Paul De Cillis and Paula J. De Cillis, 19112 Tilson Avenue, APN 375-09-001,
Resolution No. 09-055.
The property owners of this residential development agree to grant to the City the right to
extract water from the basin under the overlying property.
12. Adopt a resolution accepting a Quitclaim L)eed and Authorization for Underground Water
Rights, Louis Ying Lay and Phyllis Ann Choy Lay, 21600 Rainbow drive, APN 366-38-
012, Resolution No. 09-056.
The property owners of this residential development agree to grant to the City the right to
extract water from the basin under the overlying property.
13. Adopt a resolution accepting a Quitclaim L)eed and Authorization for Underground Water
Rights, Lin Tu and Shao Jing Yuan Tu, 10552 John Wav, APN 359-18-007, Resolution
No. 09-057.
April 21, 2009 Cupertino City Council Page 3
Cupertino Redevel~~pment Agency
The property owners of this residential development agree to grant to the City the right to
extract water from the basin under the overlying property.
14. Adopt a resolution authorizing the City Manager to execute a Disadvantaged Business
Enterprises Race-conscious Implementation Agreement with the California Department
of Transportation, Resolution No. 09-058.
In the midst of the stimulus authorization process, there is being introduced a new DBE
implementation policy that will take effect on June 2, 2009.
15. Assembly Bill (AB) 939 Solid Waste Management programs:
a. Adopt a resolution approving the ~~gency Agreement for the Countywide AB939
Implementation Fee, Resolution No. 09-059
b. Adopt a resolution approving -the agreement for Countywide Household
Hazardous Waste Collection Prograun, Resolution No. 09-060
ITEMS REMOVED FROM THE CONSENT CALENDAR (above)
PUBLIC HEARINGS
16. Conduct the first of two public heazings rel;azding the use of seventh program year (2009-
10) Community Development Block Grant (CDBG) fiords and Human Service grants,
and begin review of the 2009 Annual Action Plan.
17. Conduct the first reading of Ordinance No. 09-2042: "An Ordinance of the City Council
of the City of Cupertino adding Chapter 1E~.74 to adopt the Wildland Urban Interface Fire
Area" (Continued from March 17).
UNFINISHED BUSINESS
18. Approve the 2009-10 Council Work Proer<un.
NEW BUSINESS
19. Conduct the first reading of an ordinance reducing the infraction fine for a first violation
of dOgS off-leash in parks, dogs running at large, public nuisance, and restraint of dogs,
Ordinance No. 09-2043: (choose one of the following):
a. "An Ordinance of the Cupertino City Council adding section F to Chapter
1.12.01 O of the Cupertino Municipal Code regazding a $75 first infraction fine for
dogs running at lazge, public nuisance, restraint of dogs, and dogs off-leash in
parks."
April 21, 2009 Cupertino Ciq~ Council Page 4
Cupertino Redevel~~pment Agency
b. "An Ordinance of the Cupertino City Council adding section F to Chapter
1.12.01 O of the Cupertino Municipal Code regarding a $75 first infraction fine for
dof~s off-leash in parks."
ORDINANCES
20. Conduct the second reading of Ordinan<e 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 (1.03.010 (Restraint of Dotes) of the Cupertino
Municipal Code by adding the following: Any person who violates this section shall be
guilty of an infraction and upon convict%on thereof shall be punished as provided in
Chapter 1.12. "
STAFF REPORTS
COUNCIL REPORTS
ADJOURNMENT
Adjourn to Tuesday, May 5 at 5:00 for a Redevelopment Agency overview presentation,
Community Hall Council Chamber, 10350 Torre Avenue.
REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.
The City of Cupertino has adopted the provision:c of Code of Civil Procedure X1094.6; litigation
challenging a final decision of the City Council/Redevelopment Agency must be brought within 90
days after a decision rs 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, mu:ct fsrst ftte 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 DADA), the City of Cupertino wilt 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 ~~f the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk's Office located at City Hatt,
10300 Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.