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CC 11-04-02CITY OF cu eM no CALL TO ORDER APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Monday, November 4, 2002 At 5:04 p.m. Mayor Lowenthal called the meeting to order in Conference Room C, 10300 Torte Avenue, Cupertino, California. ROLL CALL City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members absent: None. Planning Commissioners present: Chairman Charles Corr, and Commission members Gilbert Wong, Taghi Saadati, Angela Chen, and Marc Auerbach. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Senior Planner Aarti Shrivastava, Public Works Director Ralph Qualls, and City Clerk Kimberly Smith. ORAL COMMUNICATIONS Dennis Whitaker, 20622 Cheryl Drive, said that traffic problems prevent a right turn on McClellan Avenue coming out of the Albertson's shopping center. He also asked about plans for the 4th of July fireworks, and said that it is best to have only one event instead of trying to offer entertainment in two areas. Irv Conens, 10480 Pineville, said that the DeAnza College flea market is causing parking problems as well. STUDY SESSION Joint session with the Planning Commission, meeting with representatives of the Chamber of Commerce and all other interested parties, regarding the proposed Downtown Village Specific Plan. November 4, 2002 City Council Minutes Page 2 Council was provided with copies of the Draft Downtown Village Plan dated October 23, 2002, and a staff report dated November 4, 2002. Senior Planner Aarti Shrivastava gave a slide presentation and highlighted the major features of the plan, which is intended to be a high-quality pedestrian-oriented area which will include: · 20-foot sidewalks with street trees and street furniture Adding a parking lane, require parking on sides and rear of lots, and replacing bus duck-outs with curbside stops · Allow buildings to be placed at the edge of the sidewalk along Stevens Creek Boulevard · Requiring active retail uses on the ground floor along Stevens Creek Boulevard · Allowing maximum building heights of 45 feet, with a height exception to 55 feet along Stevens Creek Boulevard if the building will have pitched roofs · Allowing underground parking. She said the streetscape plan would be done in two changes, with the travel lane changes, sidewalk width changes, etc. occurring in the first phase. The second phase will include enhancements to public transit, and undergrounding transformer equipment and power lines. A General Plan amendment will be needed to increase the building heights, as well as some exceptions to the Heart of the City Specific Plan. It is believed that the development of this village can help attract businesses such as bookstores and restaurants. Staff responded to questions from the public, including Orrin Mahoney, Michael Folkes, Mark Bums, Penny Whitaker, Irv Conens, and Dennis Whitaker. Staff explained that not all of the existing buildings and shopping centers are expected to convert to the new plan. There are currently about 10-12 buildings now that may change, and perhaps another 10- 12 in the future. This will be the only downtown area that will have six lanes, but Willow Glen and segments of Walnut Creek have four lanes with on-street parking. Street trees will be planted 25-30 feet apart, and will have a very high first canopy, such as London plane trees, so the first floor of the buildings will not be hidden. The Heart of the City Specific Plan already requires street trees, this plan simply changes the type of trees. There are also exceptions allowed for entrances to buildings, and driveways. Street medians will still be landscaped, but the landscaping will be mounded, with trees. Underground parking is not required, but would be allowed. There are two-story height restrictions on buildings that are near single-story homes, and the Planning Division will be very sensitive to any impacts on the neighbors from parking lighting, and traffic in the back of the buildings. November 4, 2002 City Council Minutes Page 3 The Planning Commissioners and Council members shared their commems and concerns. Marc Auerbach was concerned that the buildings would still not be tall enough to frame the street. Gilbert Wong noted that increased traffic might cause vehicles to relocate through nearby neighborhoods. Sandra James felt much more community input was needed, and the traffic study should be done before the Council decides to proceed with the project. Patrick Kwok also felt the process should be slowed down, and suggested notification to all addresses within a mile of the project. He also did not like the parking situation or the height exception for the pitched roofs. Michael Chang felt there should be feedback about the developer's intentions, whether this would truly be a downtown. Sandoval agreed that the project's timeline is very accelerated, and that it should not be called a downtown village. She also said that careful thought should be given to cyclist safety as they ride past parked cars. She asked if was possible to find out why vacancies have occurred in the shops by Mervyns and Pier 1, among others. JoAnn Leonard, representing the Chamber of Commerce, said their goal was to work with the city to attract more business. Their main concern had been about proposal to remove lanes of travel, but that has been withdrawn. They also felt the project was moving too quickly. Dave Howser, representing the Chamber of Commerce, said their main concern had been about the removal of lanes. He asked if the on-street parking would block views to buildings that are set far back from the street. Mark Bums, representing the Chamber of Commerce said there should be more synergy between residents, businesses, and the city, and he suggested collecting input from nonvoters such as those who drive in to work, eat, and shop in this community. Richard Lowenthal agreed that calling the project a downtown village is troublesome, and he suggested the "Stevens Creek Streetscape." He also was in favor of more outreach to the community, perhaps a community congress or letters sent to homes and businesses. Steve Piasecki said the project will be heard at the Planning Commission on Monday night, because that hearing had already been advertised, but after that they will slow it down and get more public input. RECESS Council was in recess from 6:30 p.m. to 6:52 p.m. PLEDGE OF ALLEGIANCE At 6:55 p.m. Mayor Lowenthal called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. November 4, 2002 City Council Minutes Page 4 ROLL CALL City Council members present: Mayor Richard Lowenthal, Vice-Mayor Michael Chang, and Council members Sandra James, Patrick Kwok, and Dolly Sandoval. Council members absent: None. Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Community Development Director Steve Piasecki, Associate Planner Peter Gilli, Assistant Planner Gary Chao, Senior Building Inspector Greg Casteel, Parks and Recreation Director Therese Smith, Public Information Officer Rick Kitson, Public Works Director Ralph Qualls, Information Technology Manager Mariyah Serratos, and City Clerk Kimberly Smith. CEREMONIAL MATTERS - PRESENTATIONS 2. Award commendations to the Bicycle Pedestrian Advisory Committee members. Mayor Richard Lowenthal presented the commendations to the former members of the Bicycle Pedestrian Advisory Committee, which was terminated when the Bicycle Pedestrian Commission was formed. Those present to receive the commendations were: Naomi Bloom, Stuart Chessen, David Greenstein, Anne Ng, and Don Bumett. Commendations will be sent to Bernie Album, Dick Blaine, Doug Herdck, Fred Holmes, Joellen Jarvi, Judith Johnson, Chris Klein, Lauren Lechner, Joseph Stem, Phil Underwood, and Joe Walton. Proclamation recognizing the Santa Clara County Library as the number one library in its population category according to Hennen's American Public Library ratings; Mayor Richard Lowenthal presented the proclamation to Cupertino Librarian Mary Ann Wallace. Also present were representatives from the Cupertino Library Commission, the Cupertino Library Foundation, and the Friends of the Cupertino Library. Demonstration of new City of Cupertino web site and how to view Council meetings online. Information Technology Manager Mariyah Serratos and consultant Shane Ginsberg of Razorfish gave an overview of the changes and new features of the city's website. A streaming video from the web site was shown to illustrate how the City Council meetings and other televised items can be viewed on demand. POSTPONEMENTS - None November 4, 2002 City Council Minutes Page 5 WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Laura Wulfhorst, 10255 Oasis Court, complained about the increases in the water bill for her five-plex building since San Jose Water has begun providing service. She said that that company required that she get a 1-Va inch pipe going into the house, and her bill is now $122 per month. The same service would be $66 in Sunnyvale, $68 from Cal Water, and $58 from Santa Clara Water. Mr. Josue Garcia delivered a letter dated November 4, 2002, from Neil Struthers of the Santa Clara & San Benito Counties Building and Construction Trades Council. The letter was in response to the City Attorney's letter regarding finding ways to enforce prevailing wages. CONSENT CALENDAR Sandoval/Kwok moved to approve items on the Consent Calendar as recommended, with the exception of items 8 and 16, which were pulled for further discussion. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 5. Approve the minutes from the October 21 City Council meeting. Adopt a resolution accepting Accounts Payable for October 18and 25, Resolution Nos. 02-192 and 02-193. 7. Adopt a resolution accepting Payroll for October 25, Resolution No. 02-194. Approve request from the De Anza Optimist Club for waiver of fees in the approximate amount of $100.00 for use of the Quinlan's Cupertino Room for their annual awards ceremony recognizing local young people who give service to their school and community. 10. Adopt a resolution making determinations and approving the annexation of area designated "Creston Drive 01-04", property located on the north side of Creston Drive between Berkeley Court and Aldemey Court; approximately 0.335 acre, Hsu and Chen (APN 326-12-060), Resolution No. 02-195. 11. Adopt a resolution making determinations and approving the annexation of area designated "Byme Avenue 02-06", property located on the west side of Byrne Avenue between McClellan Road and Dolores Avenue; approximately 0.149 acre, Xu (APN 357-12-038), Resolution No. 02-196. 12. Award fine arts grants totaling $4,000. November 4, 2002 City Council Minutes Page 6 13. Accept improvements (on-site grading): BK Development Corporation, 7825 & 7851 Orion Lane, Tract No. 9335 (Wallin Court). No documentation in packet. 14. Reaffirm the 1998 Bicycle Transportation Plan, Resolution No. 02-197. 15. Set a public hearing for December 2, 2002 to adopt a street name for the private street created by Tract 9405, Campo de Lozano, a subdivision located on the south side of Rodrigues Avenue, between Torre Avenue on the west and Blaney Avenue on the east, Resolution No. 02-198. 17. Adopt a resolution authorizing execution of improvement agreement, Cupertino Hotel Associates, L.P. (Cypress Hotel), APN 369-01-037, Resolution No. 02-200. 18. Adopt a resolution authorizing execution of improvement agreement, William A. Hurt, 21860 Alcazar Avenue, APN 357-14-036, Resolution No. 02-201. 19. Adopt a resolution accepting grant of easement for roadway purposes from William A. Hurt, 21860 Alcazar Avenue, APN 357-14-036, Resolution No. 02- 202. 20. Adopt a resolution accepting quitclaim deed from William A. Hurt, 21860 Alcazar Avenue, APN 357-14-036, Resolution No. 02-203. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 8. Accept the monthly Treasurer's and Budget Report for September 2002. Administrative Services Director Carol Atwood explained that since the city's debt has been refinanced, the utility user's tax is now paying a larger percentage of the debt, even though the tax is currently down by 13%. Sandoval/James moved to accept the report. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 16. Adopt a resolution requesting that the Santa Clara Valley Water District Board of Directors defer consideration and action of the proposed new Water Resources Protection Ordinance for six months to allow additional outreach and community input and to provide local agencies and the public sufficient time to analyze and evaluate the impacts of the proposed ordinance, Resolution No. 02-199. Public Works Director Ralph Quails said that staffwould be presenting a staff report to the Water District Board on the following day. Kwok/James moved to adopt Resolution No. 02-199. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. November 4, 2002 City Council Minutes Page 7 PUBLIC HEARINGS 21. Deny appeal of DIR-2002-28 regarding the Director's decision of a minor modification for a 350 square foot addition to an existing residence (Oak Valley), Richard & Elizabeth Adler, 10778 Juniper Court, APN 342-57-004. Mr. & Mrs. Allan Berge and Mr. & Mrs. Jim McCarthy filed the appeal. The Council members were provided with the draft minutes of the Planning Commission meeting of September 23, which had been omitted from their packet. Applicant Richard Adler, 10778 Juniper Court, said that his project requires no variances, and ads only 9% more square footage for a small study & sitting room off the back of his house. He will also need approval from the Oak Valley Architectural Review Board before he can proceed, but he believed that the Community Development Director and the Planning Commission acted correctly because there is no protection for views across his property. Appellant Jim McCarthy, 23504 Oak Valley Road, distributed some diagrams and photographs showing how the Adler's addition would obstruct the view from his house and that of the Berge family. He said they have repeatedly expressed their willingness to meet and to compromise with the Adlers, but that meeting has not yet taken place. He presented a letter from a realty firm saying that the addition will devalue his own property by about 10%. He said felt the Planning office was biased and had offered no alternative solutions or mediation, and the Pla~ing Commission had mishandled some evidence that was needed for a potential civil lawsuit, and it has either been lost or destroyed. Appellant Allan Berge, 10768 Juniper Court, referred to the agreement between the Roman Catholic Diocese of San Jose, the City of Cupertino, and the O'Brien Group. There is an entire page dedicated to design and visual considerations. He discussed the topography of the site, and submitted a picture to the Council members. He felt that homeowners should be able to add on to their homes, but consideration must also be given to the surrounding neighbors. He noted that if the addition were built, the view from his home would be even more impacted than from Mr. McCarthy's home. Appellant Leslie Berge, 10768 Juniper Court, asked for explanation of why her home is one story, and those across from them are two stories, unless it was because the views were taken into account during this design. Her home is already restricted to a single story, and given the grade, they will have the worst view in the whole neighborhood. November 4, 2002 City Council Minutes Page Council members noted that the applicant's project meets all of the city's requirements, and it was not the Council's function to decide matters of property devaluation or obstruction of views. Council members recommended that the neighbors attempt to reach a compromise that will suit all parties, and to talk to the Oak Valley Architectural Control Committee and the O'Brien Group to see if this proposed addition fits within their guidelines. Sandoval/James moved to deny the appeal and uphold the Planning Director's decision to allow the minor modification. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 22. Receive report from the City Attorney regarding prevailing wage claims - Tally Enterprises. City Attorney Charles Kilian reviewed his memorandum to City Council and distributed a copy of a procedures report prepared by Maze & Associates, Accountancy Corporation, working as a consultant to the City of Cupertino, regarding a review of wage rates for a Tally Enterprises project. Sosan Akbar, Law Offices of Martin Deutsch in San Jose, said she represented Mr. Talamantes. He had viewed the videotape of the last meeting in which some comments were made about him, and he did not have an opportunity to speak, so in response she had sent correspondence on his behalf to the City Attorney, with copies to Council. She explained the history of her firm's relationship with Mr. Talamantes since September 2001, in which representatives from the Foundation filed an injunction to prevent harassment for Fair Contracting, who were instigating employees to file claims against Mr. Talamantes. There was also a personal injunction filed against Mr. Colonje, and since that time a lawsuit surrounding three employees has been commenced by Mr. Colonje, which appears to be another attempt to harass Mr. Talamantes and cause him to lose his contact with the City. The Labor Commission has only requested certified payroll records, and she understand that Mr. Talamantes has provided that, but she had gotten no response to phone calls or letters to that office. She talked about the next steps in the process, which would include a hearing, taking of evidence, and a ruling, plus opportunities for appeal. Rogelio Wallace, 4449 Blackbird Avenue, San Jose, said he had worked for Mr. Talamantes since August 1999, and has performed both city and private work. November 4, 2002 City Council Minutes Page 9 Sosan Akbar said that Bernardo Rodriguez, 369 South 21st Street, San Jose, was here tonight to say that he and other workers had been prevailing wages on both private and public works projects, even though Mr. Talamantes was not required to pay prevailing wages on private projects. Josue Garcia volunteered to serve as interpreter. Speaking through Josue Garcia, Bernardo Rodriguez said he had worked for Tally Enterprises for 12 years, and he had worked on jobs for the city and for private people. Fred Herschbach, 760 Emory Street, San Jose, said he was the District Representative for the Operating Engineers, to whom Tally's Enterprises became signatory about 8 months ago. This union also represents about 65 of the city's workers. Since Ralph Talamantes has become signatory to this union, he has paid up to date, and there have been no complaints about payment of wages or fringe benefits. Jim Homer, 23293 Summit Road, referred to the City Attorney's letter which stated there was no longer a concern about wages because the company has signed a collective bargaining agreement. Homer said that as an awarding body, Cupertino is supposed to enforce the state laws and can only award to responsible bidders. Having the company sign an agreement does not expunge it of past criminal offenses, and Mr. Talamantes has admitted he didn't pay training fund contributions. Homer distributed a letter dated August 5, 2002, which he said was an unsolicited letter from a worker, Carmelo Rivera, to State Assemblyman John Durta, regarding a claim against Tally Enterprises regarding prevailing wages and expressing his frustration about how the city and the Labor Commission were handling the matter. He asked that the city retain payment so when Labor Commissioner's decision is known, the City can pay the workers who were not paid prevailing wage. Charles Kilian explained that the city doesn't keep all certified payroll records on file, but for the current contract, city staff and an independent city auditor both reviewed the payroll records and check registers to make certain prevailing wages had been paid. They also requested the same verification be made by Tally's Enterprises' labor union. Kilian said the city did not check the payroll records on earlier contracts because those are under review by the Labor Commission. Sandoval/Kwok moved to defer considering taking any action against Tally Enterprises with respect to the City's contract (a) until after a final determination is made by the Labor Commissioner in December and (b) until after the City Council has conducted a closed session with legal counsel regarding the City's legal options. Discussion followed regarding the feasibility of a Council ad hoc committee to work with the City Attorney and the Public Works Director, to consider options for a pro-active approach regarding issues of prevailing wages, labor compliance, and pre-qualification for future contracts. November 4, 2002 City Council Minutes Page 10 23. Ralph Quails discussed the scheduling implications for the upcoming library demolition and construction bids if the creation of a new policy were to cause a delay in that project. Council members agreed that Sandoval and Kwok would meet informally with staff and come back to the entire Council with recommendations or suggestions. Mayor Lowenthal noted that there has been no proof of any wrongdoing on the part of Tally's Enterprises, and the Labor Commissioner will make the determination of the complaints filed. Receive informational memo regarding Cupertino Library furniture, fixtures, and equipment (FF & E). Public Works Director Ralph Qualls reviewed his staff report, which included an overview of the library budget and funding mechanisms, as well as cost estimates for the furniture, fixtures and equipment that is to be paid for out of funds raised by the Cupertino Library Foundations. The library staff has concluded that they will be able to use some of the existing furniture and shelving in the new library for a period of time, and it has a purchase value of $107,000. Another $708,000 is needed for furniture and equipment, and $395,000 for shelving to be purchased, for a total of $1,103,000 as a minimum fundraising target. Barbara Rogers, 19764 Auburn Drive, said she appreciated the information, and the fundraising group will try to raise even more. She asked who would be choosing and purchasing the furniture. Public Works Director Ralph Quails said that the current Santa Clara County library department will decide what is needed, and the city will offer its assistance as purchasing agent if requested. Council received the report. 24. Consider a drive-up book drop feature for the new Cupertino Public Library. Public Works Director Ralph Quails reviewed the staff report. Assuming half of the volume of books in a typical day was turned in at a vehicular drop, the volume would be approximately 1500-2000 items. That demand would require that a remote book may need to be emptied as often as every 1-2 hours, and additional library staff would be required. A remote drop-off with an underground delivery system is expensive and is not an established, reliable technology. He discussed the locations where a book drop could be located on the exterior of the building and the different options to create vehicular access. Alternatives 1 and lA would have dedicated drive aisles, and Alternatives 2 and 2A would have drop-off loops. He discussed the safety concerns and the loss of disabled parking spaces and landscaping. November 4, 2002 City Council Minutes Page 11 25. 26. 27. Barbara Rogers, 19764 Auburn Drive, said that it is obvious that a hand book- drop is probably the best option for this project, and asked that there be a couple of limited-time parking spaces close to the book drop. James/Sandoval moved to eliminate further consideration of a vehicular book- drop and approve proceeding with the inclusion of a walk-up book-drop for the new Cupertino Public Library. Clarify the City Council vote of October 21 regarding the library use permit to demolish the existing 37,000 square foot library, construct a new 52,000 square foot 2-sotry library and a 6,300 square foot Community Hall, and reconstruct the existing Civic Plaza. Resolution No. 02-204. Community Development Director Steve Piasecki reviewed the staff report. He said that staff understood that the Council directed the Public Works staff to study the comments related to safety, environmental, and energy issues listed in Planning Commission Resolution No. 6162. If the Council wished to formally direct staff to evaluate the issues listed in Planning Commission Resolution No. 6162, then staff recommended the adoption of Resolution No. 02-204, which incorporates the following major changes to the Planning Commission resolution: (1) the comment about a book drop-off has been changed to evaluate the pros and cons of adding a drive-through book drop-off; and (2) the comment about additional trees planted as mitigation for trees to be removed has been amended to incorporate the donation of 120 trees from Cupertino's sister city, Toyokawa, Japan, in the landscape plan. James/Kwok moved to adopt Resolution No. 02-204, with the deletion of the first bullet regarding a drive-through book drop-off. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Consider endorsement of a proposal to encourage regional solutions for affordable housing, Housing Efficiency Act Legislations (HEAL). Council members concurred to endorse HEAL and authorize the Mayor to send letters of support to state legislators and staff. Conduct the first reading of Ordinance No. 1904: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.68 (Definitions) of the Cupertino Municipal Code Regarding Curfew." The City Clerk read the title of the ordinance. James/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. November 4, 2002 City Council Minutes Page 12 28. 29. 30. 31. Conduct the first reading of Ordinance No. 1905: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.52 (Prevention of Flood Damage) of the Cupertino Municipal Code changing the administrator from the Director of Community Development to the Director of Public Works." The City Clerk read the title of the ordinance. Kwok/James moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Conduct the first reading of Ordinance No. 1906: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.48 (community noise control) of the Cupertino Municipal Code regarding hours of operation for home maintenance activities - use of power equipment and other related issues of clarification." Ramon Quezada, representing the Bay Area Gardeners' Association, said they were in support of this ordinance. He distributed a letter from the Palo Alto Police Department dated November 4, 2002, regarding their cooperative working relation with the Bay Area Gardeners' Association, and also some Guidelines for Leaf Blower Usage. The City Clerk read the title of the ordinance. Sandoval/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Conduct the first reading of Ordinance No. 1907: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.04 of the Cupertino Municipal Code and Adopting the 2001 California Building Code Volumes 1 and 2 and Retain 1997 Uniform Building Code Relating to Volume 3." The City Clerk read the title of the ordinance. James/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Conduct the first reading of Ordinance No. 1908: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.24 of the Cupertino Municipal Code and Adopting the 201 California Mechanical Code." The City Clerk read the title of the ordinance. James/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. November 4, 2002 City Council Minutes Page 13 32. 33. Conduct the first reading of Ordinance No. 1909: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.20 of the Cupertino Municipal Code Adopting the 2001 California Plumbing Code." The City Clerk read the title of the ordinance. James/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof2 Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. Conduct the first reading of Ordinance No. 1910: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16.16 of the Cupertino Municipal Code and Adopting the 2001 Edition of the California Electrical Code." The City Clerk read the title of the ordinance. James/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. 34. Conduct the first reading of Ordinance No. 1911: "An Ordinance of the City Council of the City of Cupertino Repealing and Re-enacting Chapter 16.40 of the Cupertino Municipal Code Adopting the 2001 Edition of the California Fire Code." The City Clerk read the title of the ordinance. James/Kwok moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. ORDINANCES - None STAFF REPORTS 35. Receive financial update. Administrative Services Director Carol Atwood reported on the General Fund revenues and expenditures through October 2002. Council received the report. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. CLOSED SESSION - None November 4, 2002 City Council Minutes Page 14 ADJOURNMENT At 10:10 p.m. the meeting was adjourned to November 18 at 4:30 p.m. for a joint study session with the Parks and Recreation Commission regarding the Stevens Creek Corridor Master Plan, to be held in Conference Room C of Cupertino City Hall, 10300 Torre Avenue, Cupertino. City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.