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05. Draft minutesDRAFT MINUTES C O P E RT I N O CUPERTINO CITY COUNCIL Regular Adjow-ned Meeting Tuesday, April 21, 2009 At 4:32 p.m., Mayor Orrin Mahoney called the re>;ular adjourned meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, California. ROLL CALL Present: Mayor Orrin Mahoney, Vice-Mayor Kris Wang, and Council members Dolly Sandoval, Mark Santoro, and Gilbert Wong. Absent: none. INTERVIEWS 1. Conduct interviews for a Housing Commission unscheduled vacancy. Council interviewed Jose Voltaire (JV) Mzirtin, Ramesh Nair, and Liutyng (Jessie) Lin. Council appointed Jessie Lin to a partial term ending January 201 1. CLOSED SESSION At 5:03 p.m. Council went into closed session. 2. Public Employee Performance Evaluation -- Government Code Section 54954.5 regarding the-evaluation of the City Manager. (IVo documentation in packet). Mayor Mahoney reported out during the regular meeting that no action was taken in the closed session. 3. Appointment, Employment, Evaluation of Performance, Discipline or Dismissal of Public Employee -Government Code Section 54957(b)(1) regarding appointment of the City Attorney. (No documentation in packet)_ Mayor Mahoney reported out during the regular meeting that no action was taken in the closed session. RECESS At 6:45 p.m., Council recessed. s-i April 21, 2009 Cupertino Ciiy Council Page 3 hopes to move expeditiously on this. Parks and F,ecreation Director Mazk Linder also responded that staff is pushing for an early June Council meeting date and that staff has been meeting with the Citizen Community Crroup and that the process is moving forward. CONSENT CALENDAR Wang moved and Wong seconded to approve the items on the Consent Calendar as recommended. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Abstain: None. 5. Approve the minutes from the April 7 Cit3~ Council meeting. 6. Adopt resolutions accepting Accounts .Payable for April 3 and 1 O, Resolution Nos. 09- 052 and 053. 7. Adopt a resolution accepting Payroll for April 3, Resolution No. 09-054. Accept an application for an Alcoholic Beverage License for Cafe Torre. 20343 Stevens Creek Blvd. - On Sale Beer 8c Wine, 13atirig Place (41). 9. Authorize the City Manager to negotiate and execute an agreement with the Fremont Union Hi¢h School District (FUHSD) for the provision of a summer school program entitled College Planning Workshop. 1 O. Accept municipal improvements. Chiao-Fai Chang and Sue-Fay L. Chang; Kok Y. Ho and Yuet M. Ho; Hsing H Kung and Margaret Kung, 21711, 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, sidewalk, curb &~ gutter, curb ramps, and driveway approach as required by the improvement agreement with the City. 1 1. Adopt a resolution accepting a Ouitclaim Deed 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 Deed 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. 5-3 April 21, 2009 Cupertino City Council Page 5 17. 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 March 17}. Building Official Greg Casteel reviewed the staff report via a PowerPoint presentation. Dirk Mattern, Deputy Chief -Fire Prevention Division, said that Santa Claza County Fire is recommending that the City adopt a larger area than the minimum State requirements that would more closely match the City's former hazardous fire area for hillsides. He said that the primary concern is defensible space in that azea and if Council only adopts the high zone, then none of the City's pre~~iously adopted hillside fire safety regulations would apply. Mayor Mahoney opened the public hearing and, seeing no speakers, closed the public hearing. Sandoval moved and Wang seconded to defer this item to May 5 and directed staff and County Fire to provide more information regarding current fire restrictions in Cupertino, how the orange zone would be impacted if the red zone is adopted, and provide the parcel numbers of the 1 O parcels in the proposed red zone. The motion carried unanimously. Wong moved and Santoro seconded to reopen the public hearing. The motion carried unanimously. Hendricus Ryssemus said that his property is in the red azea and he was concerned about being able to get fire insurance. He sugge_aed de-annexing $om the City of Cupertino. George Royer said his property is also i:n the red zone. He noted that the red zone is arbitrary because there aze properties that are an even higher fire risk than his, and he asked Council to look into this more cazefully before making a decision about what the State wants. He said he also did not want to be annexed to the City of Cupertino originally. Pete Matkovich said that he felt the same way as the two previous speakers. UNFINISHED BUSINESS 18. Approve the 2009-10 Council Work Pro~raln. Jennifer Griffin said that she and her neighbors aze excited about the new park in Rancho Rinconada and urged Council to work on the Lawrence Linear Park. Wong moved and Wang second to adopt the Work Program with a minor change to page 2, letter C, The Oaks Project, comments section to read, "The Oaks Theater may open again." The motion carried unanimously. 5-5 April 21, 2009 Cupertino Ciiy Council Page 7 constitute the second reading thereof. E?.yes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Absent: None. Sandoval moved and Wang seconded to enact Ordinance No. 09-2041. Ayes: Mahoney, Sandoval, Santoro, Wang, and Wong. Noes: None. Absent: None. STAFF REPORTS -None COUNCIL REPORTS Council directed staff to bring an item on the next agenda to consider canceling the May 19 meeting. Council members highlighted the activities of their committees and various con~rnunity events. ADJOURNMENT At 9:26 p.m., the meeting was adjourned to Tuesday, May 5 at 5:00 for a Redevelopment Agency overview presentation, Community Hall Council Chamber, 10350 Torre Avenue. Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Online Services, then Watch City Meetings. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.or~ ,then click Online Services and Watch City Meetings. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. s-~