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CC 08-21-07 :i:~ ;1!1,~ CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, August 21, 2007 ROLL CALL Present: Mayor Kris Wang and Council members Richard Lowenthal, Orrin Mahoney, and Dolly Sandoval. Absent: none. CLOSED SESSION 1. Pending litigation - Government Code Section 54956.9(a) regarding Rhoda Frv vs. City of Cupertino. (No documentation in packet). At 6:00 p.m., Council recessed to a closed session. RECESS Council recessed from 6:00 p.m. to 6:45 p.m. The City Attorney reported that in the closed session the City Council had taken no action. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Kris Wang called the meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Mayor Wang asked former Vice Mayor Patrick Kwok to lead the Pledge of Allegiance. ROLL CALL Present: Mayor Kris Wang and Council members Richard Lowenthal, Orrin Mahoney, and Dolly Sandoval. Absent: none. CEREMONIAL MATTERS - PRESENTATIONS 2. Introduction of new Cuoertino Librarian. Ja-Lih Lee. (No documentation in packet). Santa Clara County Librarian Melinda Cervantes introduced the new Cupertino librarian. 3. Presentation to Cuoertino Union School District for its Chinese Language Immersion Program (CLIP). (No.documentation in packet). . Mayor Wang presented a proclamation to the representatives of the Cupertino Union School District commemorating the first eighth grade graduating class of the Chinese August 21, 2007 Cupertino City Council Page 2 Language Immersion Program and acknowledging the important and valuable service this program provided to the families in the community. 4. Presentation for the American Cancer Society's "Relav for Life." (No documentation in packet). Mayor Wang presented a proclamation to the organizers of the first Relay for Life held in Cupertino commending their committee for such a successful event and urging everyone to continue their support of the Relay for Life event and the American Cancer Society. 5. Recognize former Vice Mayor Patrick Kwok for his service to the community. Patrick Kwok, former Cupertino Vice-Mayor, explained that he had submitted his resignation to the Council effective August 8, 2007, when he was appointed to the Board of Directors of the Santa Clara Valley Water District. Mr. Kwok stated how much he had enjoyed serving on the City Council and noted the many accomplishments he and his fellow Council members had achieved for the community. Mr. K wok thanked the Council members, staff, commissioners, committee members and residents for all of their support. Liz Kniss, Board of Supervisors representing the 5th District, presented a proclamation to Mr. Kwok honoring his service to the community while on the Council and commending him for his accomplishments. Mayor Wang re-ordered the agenda to discuss item Nos. 24 and 25 next. 24. Accept Vice-Mayor Patrick Kwok's resignation and select a method to fill the vacancy, Resolution No. 07-146. Mahoney/Sandoval moved and seconded to accept Patrick Kwok's resignation. The motion carried unanimously. The following people offered their thanks for Mr. Kwok's service and congratulations on his appointment to the Santa Clara County Water District Board of Directors: Ned Britt, Barry Chang, Chamber of Commerce CEO Chris Giusiana, Planning Commissioner Gilbert Wong, Senior Commissioner Mavis Smith, former Council member Sandy James, Michel Gottwald, Fari Aberg, (speaking on behalf of the 5 C's Cross Cultural Commission), Dennis Whittaker, Raj Abhyanker, and EJ. Conens. The City Council members also talked about the former Vice-Mayor's work on the Council and offered their congratulations. RECESS The City Council recessed from 7:35 p.m. to 7:50 p.m. to attend a reception in the lobby for Patrick Kwok. At 7:50 p.m., discussion continued on item No. 24. August 21, 2007 Cupertino City Council Page 3 The City Clerk explained that the City Council must fill the vacancy by appointment by August 8, or call an election for February 5, 2008. She said the estimated cost of a February election would be $50,000. EJ. Conens recommended that the position be left vacant. The City Attorney explained that was not an option. Council must appoint a replacement or call a special election within 30 days of the resignation. The following individuals recommended that the City Council fill the position by special election in February, and leave the position vacant until then: Ned Britt, Dennis Whittaker, Clyde Brown, Tom Hugunin, S. Nomanbhoy, Jennifer Griffin, Keith Murphy, Simon Ko, Frank Sun, Barry Pangrle and Eva Wong. Councilmember Mahoney supported a special election. He believed it was an unfair advantage if someone were appointed. Councilmember Lowenthal was in favor of appointing someone who was not currently a candidate, and someone who was experienced in local government, and suggested this be done at another meeting so that interested residents could apply. Councilmember Sandoval was also in favor of making an appointment because important issues were coming up for the Council to decide, and recommended making an appointment immediately. Mayor Wang preferred a special election. The City had been in this position before and a seat had been left vacant for a long time. She believed two weeks was too short a time in which to make an appointment. Mahoney/Wang moved and seconded to adopt Resolution No. 07-146 which called a special election for February 5, 2008, to fill the vacancy. The motion carried unanimously. Councilmember Lowenthal said that he voted for the special election because it was clear the effective consensus was for a special election. He felt it was important that Council reach consensus on this issue. Councilmember Sandoval said the one reason she would vote for the special election was that in two' or four weeks the Council would have no option. She would rather see Council take action on this matter and would vote for it even though she did not agree. 25. Consider appointin~ a new vice-mayor. Mahoney moved and Lowenthal seconded to appoint Council member Dolly Sandoval as Vice-Mayor. The motion carried unanimously. POSTPONEMENTS August 21, 2007 Cupertino City Council Page 4 WRITTEN COMMUNICATIONS The City Clerk distributed the following items regarding item No. 23, the Rl hillside discussion: . An email from Candan Taysi supporting the Planning staffs recommendation . A flyer titled "Cupertino City Ordinance Reduces Your Property Value" urging the removal of the ordinance . Typed statement expressing support for the existing overlay or Planning staff recommendations ORAL COMMUNICATIONS Fari Aberg reported on the Cupertino Health and Safety Fair scheduled for Saturday, August 25th, She commented on all of the planned activities for the day, and urged everyone to attend. CONSENT CALENDAR Sandoval/Mahoney moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of item No. 12, which was pulled for discussion. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. 6. Approve the minutes from the June 19 and July 17 City Council meetings. 7. Adopt resolutions accepting Accounts Payable for July 13, 20, 27, August 3 and 10, Resolution Nos. 07-130 through 07-134. 8. Adopt resolutions accepting Payroll for July 27 and August 10, Resolution Nos. 07-135 and 07-136. 9. Accept the Treasurer's Investment Reoort for June 2007. 10. Approve applications for an Alcoholic Beverage License (On Sale Beer & Wine - Eating Place 41): a) The Red Crane, 7335 Bollinger Road (Shopping center north side Bollinger Road, west of De Anza Blvd.) b) Super Bowl Restaurant, 10971 Wolfe Road (in Cupertino Village Shopping Center) 11. Adopt a resolution approving the destruction of records from the City Clerk and Code Enforcement departments, Resolution No. 07-137. 13. Adopt a resolution acknowledging the irrevocable offer of dedication for sidewalk purposes and reserving the right to accept at a later time, Pancal Catalano, L.P., A California Limited Partnership, Lot 5 - Catalano Court, APN 326-18-003, Resolution No. 07-138. August 21,2007 Cupertino City Council Page 5 14. Adopt resolutions approving a finall'arcel map: a) Tony Baig, Mine Court, APN 316-47-017, Resolution No. 07-139 b) Granada Avenue Property,LLC, A California Limited Liability Company, 21891 Gtanada Avenue, APN 357-16-019, Resolution No. 07-140 Approval of the final map permits the map to be forwarded to the County for recording, which completes the subdivision. 15. Adopt a resolution approving an improvement agreement, Ming Xie and Xiaoli Chen, 10170 Lebanon Drive, APN 342-14-018, Resolution No. 07-141. Through an improvement agreement with the City for a single-family development building permit, this applicant will be obligated to bond and construct city-specified roadside improvements, including curb, gutter, sidewalk, and driveway, along the street frontage of their building site. 16. Adopt a resolution accepting the quitclaim deed for underground water rights, Granada Avenue Property, LLC, A California' Limited Liability Company, 21891 Granada Avenue, APN 357-16-019, Resolution No. 07-142. 17, Adopt a resolution approving an imorovement agreement, Granada Avenue Property, LLC, A California Limited Liability Company, 21891 Granada Avenue, APN 357-16- 019, Resolution No. 07- 143. Through an improvement agreement with the City for a single-family development building permit, this applicant will be obligated to bond and construct city-specified roadside improvements, including curb, gutter, sidewalk, and driveway, along the street frontage of their building site. 18. Acceptance of municipal improvements, Silver Stone Development, Northern California LLC, De Anza Blvd.. between Town Center Lane & Civic Park Lane. (No documentation in packet). These applicants have completed City-specified improvements in the City right-of-way, including streetlight, streetscape and erosion control work, as required by the improvement agreement with the City. 19. Adopt a Resolution authorizing the City Manager to apply for, accept, and appropriate up to $40,000.00 in Fiscal Year 2007-08 funding for the Metrooolitan Transportation Commission's Pavement Management Technical Assistance Program (P-TAP) Round 9, No. 07-144. August 21, 2007 Cupertino City Council Page 6 ITEMS REMOVED FROM THE CONSENT CAl.ENDAR (above) 12. Accept a donation from the Rolling Hills 4-H Club in the amount of $10,000.00 and appropriate it for use on the McClellan Ranch Renovation Project. Vice-Mayor Sandoval noted that it was not often the city received such a substantial financial contribution from a non-profit and she suggested the Rolling Hills 4-H Club be recognized for their support. It was agreed the City Manager would send the organization . a letter of thanks. Sandoval/Lowenthal moved and seconded to accept the donation. The motion carried unanimously. PUBLIC HEARINGS 20. Consider Application Nos. U-2007-03, ASA-2007-05, TM-2008-07, TR-2007-03, EXC- 2007-08, Clifford Chang. 10100 N. Tantau, APN 316-19-061. (Continued from July 3): a) Use Permit and Architectural Site Review to construct a 10,650 square foot retail building and one level parking garage on an existing office site b) Tentative Map to subdivide an existing 9.4-acre site into two parcels, approximately .9 and 8.4 acres respectively. c) Tree Removal and replanting in conjunction with a proposed 10,650 square foot retail building and a one-level parking garage at an existing office site d) Exception to the Heart of the City Specific Plan for a front setback John Zai, Sanyo Property Company, noted that their goal was to provide retail vitality to this section of Stevens Creek. He said that the property had mature and well established trees and they were planning on more than a one-for-one tree replacement program. He said even though they had the option of paying in-lieu fees he wanted to keep the trees on site. Mr. explained that the parking provided was already on the high side, but if needed, additional parking could be added to the parking structure. They would support a crosswalk on Stevens Creek particularly as they were eager to attract pedestrian clientele. Lighting will also be installed as required. Clifford Chang, Chang Architecture, commented on the circulation of the site, parking and outdoor seating area as part of their effort to activate street frontage on Stevens Creek. He addressed the symmetrical look of the plan and the dynamic feel of the project including the use of glass, the two-color scheme and the use of different textures. He said that the green aspects of the project included addressed permeability, the use of pavers and decomposed granite, drought tolerant plants, high performance glass, overhangs, roofing materials, air conditioning system and recycled materials. Mr. Chang also noted that they would provide bicycle racks and lockers. August 21, 2007 Cupertino City Council Page 7 Jennifer Griffin felt there had been insufficient public outreach to the community and the project was incomplete. She noted that the protection of the trees was important, especially the double row of ash trees and the redwoods along 280. Ms. Griffin also noted that the lawn berm was going to be lost which was part of the greenscape and there was a security issue. Don Burnett said that this corner was pedestrian unfriendly because there was no crosswalk, even though there were retail stores across the street. Council discussed pedestrian enhancements, parking, signage, tree replacement and a parking management plan. Councilmember Lowenthal asked staff to provide information about net trees and replacements (which should be at least one-to-one) on all future similar projects. Director of Community Development Steve Piasecki suggested four conditions, based on the Council's discussion, as follows: (1) A retail parking management plan shall be required which shall provide for retail employees to park in the garage, and provide highly-visible signage which says that retail customers can park anywhere; and provide bicycle parking in or around retail; (2) Trees shall be maximized on site and developer shall replace as many trees onsite as possible, subject to the approval of the Community Development Director; (3) Pedestrian walkways shall be enhanced which would be used for enhanced pedestrian crosswalks, possibly for adding a walk across Stevens Creek Boulevard and/or lighting walks as directed by the Public Works Department, in an amount no-to-exceed $50,000; and (4) Fees in the resolution shall reflect current rates instead of those shown in the staff report. Lowenthal/Sandoval moved and seconded to approve the use permit and architectural site review, subject to the conditions suggested at the meeting by the Community Development Director. The motion carried unanimously. Lowenthal/Sandoval moved and seconded to approve the tentative map. The motion carried unanimously. Lowenthal/Mahoney moved and seconded to approve the removal of 54 trees and a replanting plan, subject to the conditions suggested by the Community Development Director. The motion carried unanimously. Council directed staff to agendize a discussion about removing traffic blocks, and to notify the entire Rancho Rinconada neighborhood of this discussion. Lowenthal/Sandoval moved and seconded to approve the exception to the Heart of the City Specific Plan for a front setback. The motion carried unanimously. August 21, 2007 Cupertino City Council Page 8 21. Adopt a resolution adding Tree Removal and Reolacement Fees to the fee schedule, Resolution No. 07-145: a) Establish an in-lieu tree replacement fee to be included in the fee schedule (based on the installation and purchase cost of a replacement tree, as approved in the tree ordinance) and a City tree fund in which in-lieu fees would be deposited & determine how to implement use of the tree fund (e.g., if Public Works Dept. will oversee the use of fund, or if a subcommittee is needed to establish procedures) b) Establish a tree removal application fee of $2,662 . and include it in the fee schedule c) Establish a reduced tree removal application fee of $150 for the first tree removal request and $75 for each additional tree removal request on the same property if it is requested prior to the removal, and include this fee in the fee schedule d) Establish a lower tree management plan application fee of$I,041 and include it in the fee schedule Sandoval/Mahoney moved and seconded to adopt Resolution No. 07-145 with the stipulation that the Public Works Department oversee the tree in-lieu fees, present a plan of strategies for the use of the fees to the City Council at a later meeting, and provide an annual review of the use of the fees. The motion carried unanimously. UNFINISHED BUSINESS 22. Report and Recommendations for the Mary Avenue Bicycle Footbridge Proiect: a) Approve the Cable Stayed Structural Steel Alternative Design Conceot for the Mary Avenue Bicycle Footbridge in lieu of the Prestressed Concrete Design previously approved by the Council b) Authorize the City Manager to negotiate and execute a contract with HNTB. Inc. (NE Division) for the alternative structural steel design of the project at a cost not to exceed $ 725,000 and $50,000 in additional services, which may be approved by the Director of Public Works c) Authorize the City Manager to negotiate and execute a contract with Leslie E. Robertson Associates (LERA) for the peer review and plan check and other necessary structural engineering services of the steel design alternate in an amount not to exceed $120,000 with $30,000 for additional services, which may be approved by the Director of Public Works Director of Public Works Ralph Qualls presented a staff report which included background on the Mary Avenue Bicycle Footbridge Project. The report gave an overview of the original concrete design for the bridge, the original consultant's incorrect estimates for the project, the bid process, an explanation of the alternative steel design, August 21, 2007 Cupertino City Council Page 9 cost impacts of both designs and a timetable for completion of the project. Staff recommended approval of the cable stayed structural steel alternative design concept and the above referenced contracts with consultants. The following spoke in favor of proceeding with the Mary Avenue Bicycle Footbridge Project: Patrick Grank, Kevin Jackson (Citizens Advisory Committee for this project), James Stallman of the Valley Transportation Authority, Don Burnett, Anne Ng and Celia Chung, of the Silicon Valley Bicycle Coalition Board. They commented that this project would improve traffic and air quality and have a positive effect on global climate change. It was also suggested that additional sources of funds be investigated. Council agreed to proceed with this phase of the project but agreed that the total capital funds budget needed to be reviewed, additional funding sources needed to be researched and options needed to be considered for scaling down this project. Lowenthal/Sandoval moved and seconded to approve the staff recommendations, including (1) Approve the cable stayed structural steel alternative design concept; (2) Authorize the City Manager to negotiate and execute a contract with HNTB for design of the project; and (3) authorize the City Manager to negotiate and execute a contract with Leslie E. Robertson Associates for plan checking and other structural engineering services. The motion carried unanimously. RECESS City Council recessed from 10:25 p.m. to 10:37 p.m. 23. Report on the R 1 ordinance regarding neighborhood meetings on the Residential Hillside Ordinance. The City Clerk distributed the following items: · An email from Candan Taysi supporting the Planning staff's recommendation · A flyer titled "Cupertino City Ordinance Reduces Your Property Value" urging the removal of the ordinance · A typed, unsigned statement expressing support for the existing overlay or Planning staff recommendations Director of Community Development Steve Piasecki noted that in April 2007 Council had referred the RI hillside discussion back to the Planning Commission to consider a possible specific treatment including properties zoned AI; to develop a plan with input from the neighbors; and to report back to the Council on August 21. On August 14 of this year the Planning Commission voted to delete Section 19.28.050 (C)1 and (C)2 for the following reasons: Hillside preservation should be applied to the whole city; there were some unintended consequences of the Rl 15% overlay resulting from the Rl 2005 ordinance amendment; current rules were too complicated; and concern with fairness in terms of applicability of the rule. Piasecki said there were several ordinance options before Council, including: Delete the code section per the Planning Commission's recommendation; revert back to the RI hillside development standards pre 2005; retain August 21, 2007 Cupertino City Council Page 10 current Rl hillside development standards; or rezone to RHS and Rl Foothill, modified with identified key provisions. He asked that the City Council provide specific direction whether the Council would like to consider an Rl zoning amendment, and if so, what options should be considered? These options could include no amendment; and with direction, staff will publish the ordinance amendment and will advertise the public hearing to modify the hillside standards specifically to reflect the Council directions; and in the meanwhile any affected property owners wishing to develop or remodel these homes under discussion may apply for exceptions or variances from the current Rl ordinance. Piasecki noted that staff s recommendation included the removal of all the toe of slope lots which reduced the number of lots under discussion to 15. The staffs recommendation also included modified building allowances and requirements for these lots. In an effort to clarify some of the issues before them, Council took straw votes and concurred on two items: take no action required regarding the agricultural zone because it was already zoned AI; and remove the Rl -10 toe of slope lots and direct staff to begin the process of removing these lots. The following people spoke in favor of removing the RHS overlay of RI properties: Marie Liu, Shabbir Nomanbhoy, Ying Sosic, Inhwan Oh, Sarrah Nomanbhoy, John Tompkins, Sylvia Noland, Clyde Brown, Maryan, Eric Carlson, SamShawki, Jamie Shkolik, Nancy Wang, Chloe Li, Evan Li, Simon Ko, Eva Wong, Suzette Pangrle, Adam Li, Rok Sosic, Frank Sun, Sham Zhu, Sunil Nethisinqme, Sherry Fang, Cameron Pangrle, Barry Pangrle, John James, Candan Taysi and Mark Sanforo. They reasons they gave included the following: It was an unfair ordinance; this was spot zoning for fifteen properties which can't be seen from the valley floor; property values would be adversely affected; the Planning Commission voted three times to remove it; and it increased housing density and discouraged remodeling. In addition it was noted that spot zoning was not the way to protect trees, limit house sizes, protect hillsides, reduce retaining walls and protect the rural environment. All of these issues could be addressed in other ways such as the tree ordinance, notification required for building projects and other city regulations. The Sara Arzeno and Ron Berti spoke in favor of keeping the RHS overlay. They noted that the fifteen lots under discussion were hillside and needed to be treated differently and that the hillsides needed to be protected. Council took another straw vote and concurred they did not support Section 19.28.050 (C)I, the 15% RHS overlay. Council addressed several questions regarding the issue before them. Were grading, fencing, retaining walls, second stories and tree protection being considered as part of hillside protection? If so, they could be addressed in other ways, Were these fifteen homes enough in the hillside to require special treatment? Council also discussed visual impacts and asked for clarification of what made these fifteen lots different. Staff August 21, 2007 Cupertino City Council Page 11 responded they had a 10 to 30% slope. Council agreed that any lots over 30% were not under discussion here, had not been changed in the 2005 ordinance amendment, and would require exemptions. SandovallLowenthal moved and seconded that staff draft the following changes to the RI hillside ordinance and present it to the Planning Commission for its recommendation to the Council: 1. Exclude the AI properties from the hillside discussion 2. Exclude the RI-I0 (toe of slope) properties from Section 19.28.050 (C)1 and process the ordinance amendment for this to happen as soon as possible 3. Delete only section (C)1 and evaluate and report back with a recommendation on the following potential options: replace Section 19,28.050 (C)1 with some hillside standards appropriate to the 15 RI hillside parcels remaining (including but not limited to grading, fencing, tree preservation and house size); or delete Section 19.28.050 (C) 1 without any replacement measures or language; and retain C2 with respect to all applicable properties (all Rl 'S). The motion carried unanimously. NEW BUSINESS 26. Adopt a resolution establishing and approving a new rate for haulina: and processing of compostable waste in compactors from businesses in Cupertino, Resolution No. 07-147. Sandoval/Lowenthal moved and seconded to adopt a resolution establishing and approving a new rate for hauling and orocessina: of compostable waste in compactors from businesses in Cupertino, Resolution No. 07-147. The motion passed unanimously, 27, Adopt a resolution authorizing the City Manager to negotiate and execute a no cost License Agreement between the City and the Cupertino City Center Garage Limited Partnership for use of the Cupertino City Center parking garage during City sponsored and hosted events, Resolution No. 07-148. Lowenthal/Mahoney moved and seconded to adopt a resolution authorizing the City Manager to negotiate and execute a no cost License Agreement between the City and the Cupertino City Center Garage Limited Partnershio for use of the Cupertino City Center parking garage during City sponsored and hosted events, Resolution No. 07-148. The motion passed unanimously. 28. Review bids and award the contract for Pavement Restoration, Project No. 2007-04, to G. Bortolotto & Co., Inc., in the amount of $161,799.00, and approve a construction contingency of $33,201.00 to cover any unforeseen work required to complete the project, for a total of $195,000.00. August 21, 2007 Cupertino City Council Page 12 Mahoney/Lowenthal moved and second to review bids and award the contract for Pavement Restoration, Project No. 2007-04, to G. Bortolotto & Co" Inc., in the amount of $161,799.00, and approve a construction contingency of $33,201.00 to cover any unforeseen work required to complete the project, for a total of$195,000.00. The motion carried unanimously. 29. Consider streamlining Administrative Procedures of Recruitment Sources and Outreach. Lowenthal/Mahoney moved and seconded to continue this item to the next meeting. 30. Consider updating the Council Computer Policy to reflect new technologies and equipment use. Lowenthal/Sandoval moved and seconded to update the Council Computer Policy to reflect new technologies and equipment use. The motion carried unanimously, 31. Technology, Information, and Communications Commission: a) Accept the resignation of Luke Lam and set an application deadline and interview date Sandoval/Mahoney moved and seconded to accept the resignation of Luke Lam. The motion carried unanimously. b) Consider reducing the number of the commission from seven to five Sandoval/Mahoney moved and seconded to reduce the number of this commission from seven to five and direct staff to prepare an ordinance to that effect. The motion carried unanimously. 32. Adopt a resolution exempting Council members from all fees associated with appeals and petitions for reconsideration, Resolution No. 07-149 It was agreed that the Council members should not have to pay fees for appeals, as these were filed when there was a question regarding the process undertaken for an application, but the Council members would should be responsible for the fees for petitions for reconsideration. Lowenthal/Sandoval moved and seconded to adopt Resolution No. 07-149 as amended, exempting Council members from all fees associated with appeals but not for petitions for reconsideration. Motion carried unanimously. 33, Conduct the first reading of Ordinance No: 07-2008: "An Ordinance of the Cupertino City Council Amending Chapter 2.08.096 of the Cupertino Municipal Code Regarding the Filing Deadline for a Petition for Reconsideration." August 21, 2007 Cupertino City Council Page 13 The City Attorney noted that this ordinance stipulated that the filing deadline for a petition for reconsideration was ten "days from the date of notice not from the date of the decision as currently stated in the Municipal Code. The City Clerk read the title of the ordinance. Lowenthal/Mahoney moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. ORDINANCES 34. Conduct the second reading of Ordinance No, 07-2007: "An Ordinance of the City Council of the City of Cupertino Rezoning 1.1 acres of property located at 10855 N. Stelling Road from BQ (Quasi-Public) To P-Res (Planned Residential Zoning District Application Z-2006-05." Lowenthal/Mahoney moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. Lowenthal/Mahoney moved and seconded to enact Ordinance No. 07-2007. Ayes: Lowenthal, Mahoney, Sandoval, and Wang. Noes: None. STAFF REPORTS 35. Receive a status report on General Fund Revenue and Expenditures. (No documentation in packet), This item was continued. COUNCIL REPORTS NONE ADJOURNMENT At 1 :20 a.m. the meeting was adjourned. Kimberly Smith, City Clerk August 21, 2007 Cupertino City Council Page 14 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.cuoertino.org.Click on Agendas & Minutes/ City Council/ Packets. Most Council meetings are shown live on Cable Channel 26, and are available at your convenience on the web site: Visit www.cupertino.or~ and click on View Meetings Online. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.