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00. AgendaCUPERTINO AGENDA CUPERTINO CITY COUNChL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY --- REGULAR MEETING 10350 Torre Avenue, Commuz~ily Hall Council Chamber Tuesday, February 17, 2009 6:45 p..m. CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS -PRESENTATIONS 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. 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 Consent Calendar be acted on simultaneously. 1. Approve the minutes from the January 20, 27, 28, and February 3 City Council meetings. 2. Adopt a resolution accepting Accounts Payable for January 30, Resolution No. 09-019. 3. Adopt a resolution accepting Payroll for February 6, Resolution No. 09-020. 4. Adopt a resolution approving the destruction of records from the City Clerk Department, Resolution No. 09-021. February 17, 2009 Cupertino City Council Page 2 Cupertino Redevelopment Agency Accept the Planning Commission recommendation to appoint Lisa Giefer as the Environmental Review Committee represe~itative. (Continued from Feb. 3). 6. Adopt a resolution accepting a Grant of Easement for Roadway Purposes, Prakas K. Nair and Surekha P. Nair, 10514 Felton Wav, APN 359-18-036, Resolution No. 09-022. The property owners of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property. 7. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights; Prakas K. Nair and Surekha P. Nair, 10514 Felton Wav, APN 359-18-036, Resolution No. 09-023. 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. 8. Adopt a resolution accepting a Quitclaim L>eed and Authorization for Underground Water Rights, Mulka Ravi Reddy and Chitra Ravi Reddy, 20374 Clifden Wav, APN 369-36- 020, Resolution No. 09-024. 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. 9. Adopt a resolution affirming local support for the American Recovery and Reinvestment Act of 2009 funding, authorizing the filing; of an application for American Recovery and Reinvestment Act of 2009 funding, and :Mating the assurance to complete the project, Resolution No. 09- 025. 1 O. Accept applications for an Alcoholic Beverage License: a) Asiago Vineyards, 17659 Montebello Road, Wine Grower (2) b) Hofbrau Beer Hall SV, LLC, 10123 N. Wolfe Road #2124, On Sale General - Eating Place (47) ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 11. Consider a Municipal Code amendment to the Sinele Family R1 ordinance (section 19.28.060) regarding the allowed ratio of t:he second floor buildine area compared to the first floor buildine area. The revised ordinance will consider adjusting the allowed ratio to facilitate greater architectural diversity, bur will not consider increasing or decreasing the total allowed building area on an R1 lot or changing the required second story setbacks. February 17, 2009 Cupertino City Council Page 3 Cupertino Redevelopment Agency The ordinance amendment will also include minor language clarifications relating to gardening activities and miscellaneous wording changes to improve the readability of the document, Application No. MCA-2008-03, City of Cupertino, Citywide. First reading of Ordinance No. 09-2039: "~cn Ordinance of the City Council of the City of Cupertino amending Chapter 19.28: Single-Family Residential (RL) zones of the Cupertino Municipal Code regarding the allowed ratio of second floor building area compared to the first floor building area, second story exposed wall rule, second story setback surcharge, clarification regarding gardening activity and minor language clean up to improve readability of the document." UNFINISHED BUSINESS NEW BUSINESS 12. Consider an anneal from Mr. Sridar Obilesetty regarding undergrounding utilities, 10171 Lebanon Drive APN 342-14-008. (Continued from December 2). ORDINANCES 13. Conduct the second reading of Ordinance; No. 09-2037: "An Ordinance of the City of Cupertino adding Chapter 19.118.00 requiring artwork in public and private developments." 14. Conduct the second reading of Ordinance No. 09-2038: "An Ordinance of the City Council of the City of Cupertino amending Chapter 19.108: Wireless Communications Facilities, of the Cupertino Municipal Code regarding the expansion of potential site locations, adding design and siting review <:riteria and miscellaneous technical changes". STAFF REPORTS COUNCIL REPORTS ADJOURNMENT February 17, 2009 Cupertino City Council Page 4 Cupertino Redevelopment Agency REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provrsions• of Code of Civil Procedure §1094.6; litigation chaltenging a final decision of the City Council/R.~development Agency must be brought within 90 days after a decision ss announced untess a shorter time is required by State or Federal law. Any interested person, including the appticant, 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 compty with municipal ordinance code §2.08.096_ 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 ~/OS-777 3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business ~~iours.