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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.