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00. AgendaAmended on May 28 to add Budget Study Session at 4:00 and add Item No. 19a regarding Council summer schedules CUPERTINO AGENDA CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, June 2, 2009 4:00 p.m. ROLL CALL ~ Study Session on the proposed 2009/10 Budget:. (Continued from May 27). CLOSED SESSION RECESS PLEDGE OF ALLEGIANCE - 6:45 p.m. ROLL CALL CEREMONIAL MATTERS -PRESENTATIONS 1. Receive annual report from the Fine Arts Commission. POSTPONEMENTS 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 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. June 2, 2009 Cupertino City Council Page 2 Cupertino Redevelopment Agency CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Con::ent Calendar be acted on simultaneously. 2. Approve the minutes from the May 5 City (:ouncil meeting. 3. Adopt resolutions accepting Accounts Pay<<ble for May 1, 8, 15, and 22, Resolution Nos. 09-072 through 09-075. 4. Adopt resolutions accepting Pa•~ for May 1 and 15, Resolution Nos. 09-076 and 09- 077. 5. Accept the Treasurer's Investment and Bu~i e~ t Report for April 2009, including a report on General Fund Revenues and Expenditur~:s. 6. Adopt a resolution amending the Teen Commission composition to decrease the membership from 13 members to 9 members by the year 2010, Resolution No. 09-078. 7. Accept an application for an Alcoholic Beverage License for Longs Drug Store 9894, 10455 S. De Anza Blvd., Off-Sale General (21). 8. Accept municipal improvements, Reza Development, LLC, a California Limited Liability Company, 10484 Byrne Avenue, APN 357-14-078. The applicant has completed City-specii ied improvements in the City right-of--way including sidewalk and curb/gutter work arc required by the improvement agreement with the City. 9. Adopt a resolution approving a Grant of Easement for Streetlight Purposes, Samir Khosla and Monica Khosla, and Jivan Kumar Khosla and Renuka Khosla, 18760 Tilson Avenue, APN 375-17-040, Resolution No. 09-079. The owners of this property agree to grant to the City the right to enter and use an easement to construct, repair, operate an,d maintain improvements necessary for the operation of a streetlight. 10. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Samir Khosla and Monica Khosla, and Jivan Kumar Khosla and Renuka Khosla, 18760 Tilson Avenue, APN 375-17-040, Resolution No. 09-080. 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. June 2, 2009 Cupertino City Council Page 3 Cupertino Redevelopment Agency 11. Adopt a resolution accepting a Quitclaim l;~eed and Authorization for Underground Water Rights, Mary E. Bennett, 18848 Loree Avenue, APN 375-15-018, Resolution No. 09-081. The property owner of this residential development agrees 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, Cha Eun Park and David Chon, ar~d Young Bin Park and In Sung Park, 1151 S. Stelling Road, APN 362-22-016, Resolution No. 09-082. 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. Award a construction contract for the Monta Vista Roof Project, Project No. 2009-01, to Petersen Dean Roofing and Solar Systems, Inc., in the amount of $177,000, and approve a construction contingency of $20,000 to cover any unforeseen work required to complete the project, for a total of $197,000. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 14. Conduct the first of two public hearings on the 2009-10 budget. 15. Consider an appeal of a Planning Commission decision to approve a Use Permit and Architectural and Site Approval to allow the construction of a new automated carwash tunnel, a new trash enclosure and enhancements to the parking lot, and new landscaping features at an existing gas station. Application Nos. U-2009-02 and ASA-2009-02, Muthana Ibrahim (Atam Sandhu), 1699 South De Anza Boulevard, APN 366-10-120. (Continued from May 27). 16. Consider adopting a resolution amending the 2008 Annual Plan to award $105,013 in Community Development Block Grant Recovery (CDBG-R) funds appropriated by the American Recovery and Reinvestment Act (ARRA) and authorizing the City Manager to submit the amended plan, project proposals and funding application to HUD, Resolution No. 09-083. 17. Consider General Plan Amendments, A~~plication Nos. GPA-2008-01, EA-2009-05, GPA-2009-01, EA-2009-03, City of Cupertino, Citywide (continued from May 5): a) Adopt a draft 2007-2014 Housing Element and forward to the State Department of Housing and Community Developrr~ent (HCD) b) Consider increasing the office alloc~~tion in the General Plan June 2, 2009 Cupertino City Council Page 4 Cupertino Redevelopment Agency UNFINISHED BUSINESS NEW BUSINESS 18. Consider objections to the proposed removal of brush, and adopt a resolution ordering the abatement of a public nuisance (city-wide: brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 09-~~64, Resolution No. 09-084. 19. Approve the transfer of approximately $29,000 in unspent funds in the "Law Enforcement Santa Clara County Sheriff s Contract" account to fiscal year 2009-10 for funding school safety incentives. 19a. Review summer schedule of Council meetings. (Continued from May 27). ORDINANCES 20. Conduct the second 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" STAFF REPORTS COUNCIL REPORTS ADJOURNMENT June 2, 2009 Cupertino City Council Page 5 Cupertino Redevel~~pment Agency REDEVELOPMENT AGENCY MEETING ROLL CALL A. Approve the minutes from June 17, 2008. B. Review the Cupertino Redevelopment Agency Operating Budget for 2009-10. ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/R~~development Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prier 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 qualified disabilities. If you require special assistance, please contact the city clerk's office at -s08-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority c 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 Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agendalminutes page on the Cupertino web site.