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00. AgendaCUPERTINO AGENDA CUPERTINO CITY COUNCIL -- REGULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY -- REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, May 5, 2009 5:00 p.m. CITY COUNCI. MEETING STUDY SESSION - 5:00 p.m. 1. Redevelopment Agency Overview Presentation PLEDGE OF ALLEGIANCE - 6:45 p.m. ROLL CALL CEREMONIAL MATTERS -PRESENTATIONS 2. The City of Cupertino wishes to recognize National Foster Caze Month and declares the month of May as National Foster Care Month in Cupertino. (No documentation in packet). 3. The City of Cupertino wishes to recognize Municipal Clerks Week and recognizes the week of May 3-9, 2009, as Municipal Clerks Week in Cupertino. (No documentation in packet). 4. The City of Cupertino wishes to recognize Water Awazeness Month and proclaims the month of May, 2009, as Water Awareness Month in Cupertino. (No documentation in packet). POSTPONEMENTS -Continue item No. 15 to May 27 WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for person:: wishing to address the council on any matter not on the agenda. Speakers aze 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. May 5, 2009 Cupertino City Council Page 2 Cupertino Redevelopment Agency CONSENT CALENDAR Unless there aze separate discussions and/or actio~~s requested by council, staff or a member of the public, it is requested that items under the Consent Calendaz be acted on simultaneously. 5. Approve the minutes from the April 21 Cit3~ Council meeting. 6. Adopt resolutions accepting Accounts Pay:able for April 17 and 24, Resolution Nos. 09- 061 and 09-062. 7. Adopt a resolution accepting Payroll for Af~ril 17, Resolution No. 09-063. 8. Accept the Treasurer's Investment Report fir March 2009. 9. Adopt a resolution declaring brush growin€; on certain described properties to be a public nuisance and settine a heazing for June 2 fir objections to proposed removal, Resolution No. 09-064. 10. Accept an application for an Alcoholic Beverage License for Rice Cafe, 10074 E. Estates Dr., On-Sale Beer and Wine for Bona Fide Public Eating Place (41). 11. Adopt a resolution approving a Grant of Easement for Streetlight Purposes, Srinivas Ramakuri and Rama Lakshmi Bhimavazapu, 10295 Wunderlich Drive, APN 375-16-019, Resolution No. 09-065. The owners of this property agree to grant to the City the right to enter and use an easement to construct, repair, operate and maintain improvements necessary for the operation of a streetlight. 12. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Srinivas Ramakuri and Rama Lakshmi Bhimavazapu, 10295 Wunderlich Drive, APN 375-16-019, Resolution No. 09-066. 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 approving an improvement agreement, Stelling Palms of Cupertino, LLC, 10855 N. Stelline Road, Amended Map of Tract No. 9983, Resolution No. 09-067. Through the improvement agreement with the City, the applicant for a building permit for the development of twenty single family residential units will be obligated to bond and construct city-specified roadside improvements along the street frontage of their building site. May 5, 2009 Cupertino City Council Page 3 Cupertino Redevelopment Agency 14. Adopt a resolution approving a Grant of Easement for Underground Public Utility Easement and Easement for Streetlight Purposes, Wenshen Yu and Judy Yu, 10679 Minette Place, APN 375-32-039, Resolution No. 09-068. The owners of this property agree to grant to the City the right to enter and use an easement to construct, repair, operate and maintain improvements necessary for underground public utilities and the operati~~n of a streetlight. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 15. Consider General Plan Amendments, Application Nos. GPA-2008-01, EA-2009-05, GPA-2009-01, EA-2009-03, City of Cupertino, Citywide: (continue to May 27). a) 2007-2014 Housing Element update and negative declaration b) Increase the office allocation and negative declaration 16. Consider adopting a resolution adopting the 2009 Annual Action Plan and the use of seventh program year (2009-10) Community Development Block Grant (CDBG) Funds, Resolution No. 09-069. UNFINISHED BUSINESS 17. Consider Heart of the City Specific plan <unendments to achieve conformance with the General Plan and to update the Heart of the City plan, 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 April 7). Conduct the first reading of Ordinance No. 09-2044: "An Ordinance of the Cupertino City Council adopting amendments to the I3[eart of the City Specific Plan." 18. Conduct the first reading of Ordinance No. 09-2042: "An Ordinance of the City Council of the City of Cupertino adding Chapter 16..74 to adopt the Wildland Urban Interface Fire Area" (Continued from April 21). 19. Consider adopting a resolution amendine the fee schedule for 2009-10, Schedule D, Miscellaneous Items, photovoltaic fees, Resolution No. 09-070. May 5, 2009 Cupertino City Council Page 4 Cupertino Redevelopment Agency NEW BUSINESS 20. Review and Approval of Relocation Impact Statement and Last Resort Housing Plan for the Maitri Transitional Housing Program. Adopt a resolution adopting the final relocation impact statement and last resort housing plan for 19489 Rosemarie Place, Cupertino, CA, Resolution No. 09-071. 21. Report of the Pavement Manaeement Program. 22. Consider cancelling the meeting of Mav 19 (no documentation in packet). ORDINANCES 23. Conduct the second reading of Ordinance ]Vo. 09-2043: "An Ordinance of the Cupertino City Council adding Section F to Chapter 1.12.010 of the Cupertino Municipal Code regarding a $50 first infraction fine, a $100 second infraction fine, a $200 third infraction fine, and thereafter for dogs running at large, public nuisance, restraint of dogs, and dogs off-leash". STAFF REPORTS COUNCIL REPORTS ADJOURNMENT Adjourn to Wednesday, May 27 at 5:00 p.m. f'or a budget study session, City Hall Room 100, 10300 Torre Avenue. May 5, 2009 Cupertino City Council Page 5 Cupertino Redevelopment Agency REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provzsions~ of Code of Civil Procedure X1094.6; litigation challenging a final decision of the City Counci//R~~development Agency must be brought within 90 days after a decision is announced unless a shorter time u required by State or Federal taw. 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 file 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 (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with quatifsed dssabitities. If you require special assistance, please contact the city clerk's office at ~t08-777-3223 at feast 48 hours in advance of the meeting. Any writings or documents provided to a majority cf the Cupertino City Council after publication of the packet wilt be made available for public inspect~'on in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda minutes page on the Cupertino web site.