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CC 05-01-00 APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday, May 1, 2000 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Statton called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL City Council members present: Mayor $ohn Statton, Vice-Mayor Sandra James, and Council members Don BurneR, Michael Chang, and Richard Lowenthal. Council members absent: None. Staff present: City Manager Don Brown, City AtWrney Charles K/lian, Admin/strafive Services D/rector Carol Atwood, Community Development D/rector Steve Piasecld, Parks and Recreation D/rector Steve Dowling, Public Information Officer Donna Krey; Public Works Director Bert Viskovich, Emergency Preparedness Coordinator Marie Moore, Emergency Preparedness Coordinator Marsha Garcia, and City Clerk K/mberly Smith. The City Clerk announced that item Nos. 11 and 12 on the Consent Calendar will be pulled at this time, at the request of staff. The City Clerk also noted that an amended agenda had been posted, which added item No. 25B regarding the FAA/SFO plan to reroute all incoming air traffic. CEREMONIAL MATTERS - PRESENTATIONS 1. Commendation to Gerard Oxoby for outstanding public service. Emergency Preparedness Coordinator Made Moore introduced Mr. Gerard Oxoby who had performed CPR on a res/dent of Alderbrook Lane about four weeks ago. She said the fact that he was willing to assist meant a great deal, and she thanked him for taking a risk and helping. Mayor Statton presented a public service commendation to Mr. Oxoby and his wife. City Manager Bwwn intwduced the new Emergency Preparedness Coordinator Marsha Garcia, who will be replacing Made Moore upon her retirement. 2. Pwclamation in support of Pacific Autism Center for Education (PACE) and declaring May as Autism/Developmental Disability Awareness Month. Mayor Statton presented the proclamation to a representative of PACE. May 1, 2000 Cupertino City Council Page James said she had been associated with PACE since 1989, and stated that they are leaders in their field. She said this was an organization that fills a unique need and added her best wishes. 3. Report from city committee or commission: Telecommunications Mr. L. T. Guttadauro, chairperson of the Telecommunications Commission, reviewed the commission's mission and membership. Included in the commission's 1999 achicve~aents were monitoring of AT&T during the cable system update, awarding of educational grants, and participating in negotiations with AT&T regarding penalties. He outlined commission goals for 2000 and talked about recent activities. WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS Mr. Floyd Meyer, 10486 Westacres Drive, asked about the plans for the black boxes above the streets. Statton said there would be photo enforcement at some intersections in the future and referred him to the Public Works Depa~//iient. Public Works Director Viskovich informed him that there was no installation going on at this time and there would be notification before it took place. CONSENT CALENDAR lames moved to appwve the items on the Consent Calend~r, as recommended, with the exception ofiteih Nos. ll and 12, which were pulled by request of staff. Chang seconded and the motion carried 5-0. 4. Minutes: April 17 regular meeting. 5. Accounts payable: April 14 and April 21, Resolutions 00-122 and 00-123. 6. Payroll: April 14, Resolution 00-124. 7. Review of recommendations by the Fine Arts Commission for the spring 2000 fine arts 8. Increase of alarm fees. 9. Resolution of support for clean, safe creeks and natural flood protection, Resolution 00- 125. 10. Acceptance of m~mlcipal improvoiient, James Chen, 22385 Santa Paula Ave., APN 357- 04-006; Danny Lee, 10010 Carmen Rd., APN 326-50-003. May 1, Il000 C'~upertlno City Council Page 3 13. Tract map and agreement, Riding/Davidson Creeldine Dev., 7816 Festival Dr., Tract 9254, Resolution 00-128. 14. Setting date for public hearing regarding traffic barrier on Pacifica between Whitney and Torte, Resolution 00-129. (Reconsidered at the end of the meeting, no public hearing will be set and the matter is tabled at this time) 15. Approving the policy regarding thc use of double-sided copying at city facilities, Resolution 00-130. 16. Improvement agreements: (a) Atluri Bhima Ranjit Kumar and Atluri Usha Rani, 10284 Orange Ave., APN 357-' 19-031, Resolution 00-131 (b) Homy C. Lo and Angeline W. Lo, 10362 S. Tantan Ave., APN 375-08-033, Resolution 00-132 (c) Homy C. Lo and Angeline W. Lo, 10630 Tuggle Plaoe, APN 375-34-068, Resolution 00-133 17. Quitclaim deeds: (a) Atluri Bhima Ranjit Kumar a~d Atluri Usha Rani, 10284 Orange Ave., APN 357- , 19-031, Resolution 00-134 Co) Jung Lin Sulius Teng and Chuen Meei Y. Teng, 22038 McClellan Rd., APN 356- 08-037, Resolution 00-135 (c) Allen K. Hsu and Cindy S. Hsu, 22360 Santa Paula Ave., APN 357-05-035, Resolution 00-136 18. Roadway caseaient, Atluri Bhima Ranjit Kumar and Atluri Usha Rani, 10284 Orange Ave., APN 357-19-03 l, Resolution 00-137. 19. Parcel map and improvement plans, Allen K. Hsu and Cindy S. Hsu, 22360 Santa Paula Ave., APN 357-05-035, Resolution 00-138. 20. Setting date for consideration of reorganization of area designated "Orange Avenue 00- 04," Resolution 00-139. 21(A) Consideration of applications for alcoholic beverage licenses: (a) China Shuttle Restaurant, 22382 Homestead Road (b) Green Valley Liquors, 10073 Salch Way (c) Sushi World, 22350 Homestead Road Vote Council members Ayes: Burnett, Chang, lames, Lowenthal, and Statton Noes: None Absent: None Abstain: None. May 1, ~000 (~upertJno City C~ounc~l Page 4 ITEMS REMOVED FROM THE CONSENT CALENDAR Item Nos. 11 and 12, listed below, were pulled from the Consent Calendar and will be brought back before city council at a later time. 11. Acceptance of city projects performed under contract, Stevens Creek Boulevard Overlay, Project 99-101, Annual Overlay, Project 99-108 (Granite Construction). 12. Project change orders: (a) No. 2, Stevens Creek Boulevard Overlay, Project 99-101, Resolution 00-126 (b) No. 2, Annual Overlay, Project 99-108, Resolution 00-127 PUBLIC HEARINGS 21.(B) Community input on Library site alternatives (also 5/15). A brief video was shown which illustrated the two areas under consideration for the new library. Site A is on the south side of the existing library, commonly known as the library field or soccer field. Site B is between the existing library and city hall, commonly known as the city hall plaza. The City Clerk distributed copies of written and e-mall comments received to date. Sheila Dolezal, 10550 Whimey Way, said that neither was the ideal spot, but site B was her second choice. She talked about traffic impacts, loss of open space, and quality of life if the library were located on site A. Kathy Nellis, 22322 Regnart Road, said she was on the city council that made the decision to acquire site A. It was purchased to expand the city center area. She suggested looking at the entire site between Rodrigues and Pacifica. Diane M. Lee, 20234 Pacifica Drive, said she favored site B and cited concerns with traffic impact. She urged council to keep the open space. Barbara Rogers, 19764 Auburn Drive, said site A was the only rational choice. She said the need for expansion will arise and they need to have a flexible plan. She talked about parking needs, handicap access and drive-up book drop access, and urged that they preserve the aesthetics of the plaza. Sean Bedord, 11120 Santa Teresa, recommended that the library be placed on site A because it would provide the flexibility for a long-term library solution. She also recommended that the library be 69;000 sq. ft. based on a needs assessment conducted two years ago. She said the library is a key resource for the businesses in the community, and that the usage of the 22 fields in the city is not as great as that of the library. May l, 2000 {~upert~no City (~ouncll Page Bill Weisand, 10570 Whimey Way, raised two issues: The site A field as a neighborhood open space site, and the impact of placing thc library on site A in terms of thc traffic barricade on Pacifica. He recommended site B. Margaret Zipp, 20073 Wheaten Drive, talked about the growth of the library since her family moved to Cupertino. She said site A was the ideal site for the library because site B is used as a park. Joarm Minnick said she remembered when the senior center and the library were large enough, but now they aren't. She said open'space can't be built and contributes to quality of life. She said site B was adequate for the size of library the community needs. Dr. Paul F. Bommarito, 10684 Martinwood Way, speaking on behalf of several neighbors, talked about nearby libraries at De Anza College and in other cities. He had talked to people at schools who were all in favor of keeping open space. He said they need a balance of recreation and libraries. If a library were built on site A, the traffic barrier would probably be r¢/~oved and traffic in the neighborhood would be a problem. Cecil Bilger, 20338 Nile Drive, said the plaza is well used and Wilson Park is only a mile away. He recommended putting the library on site A. Kathie Mulvey, 20303 Clifden Way, said site A is the only logical place to build the library. She commented on the arguments previously given for site B, including the need for recreational facilities, retention of green space as a non-renewable resource, and increase in traffic. Marcus Choy preferred keeping both sites open and suggested rebuilding on the present site. George Morgan said he represented the 20- to 39-year-old employees of high-tech companies who want to live in communities like Cupertino. He said high-tech companies look for assets l'tke huge open spaces in a community when they are considering building there. He said his daughter Molly represented the future generation. Many of her books come from the Internet, so perhaps there is not need for a large library. Al Esquivel, Cupertino resident, said he has used Site A for soccer and Ultimate Fr/sbee for twelve years, and people come from all over to use the field. He said they are responsible users. He described some of the uses he had seen on Site A, and said it's difficult for. adults to use other fields in the city. He urged council to consider other options including blending both sites or a multi-level library with underground parking. Gloria Sherman, I0100 Torte Avenue, said they need to think of aesthetics including the ._ beauty of Site A, a space where people can enjoy themselves in an urban place. May I, 3000 ~uperi~no (~ty ~ouncll Page Ed Goldberg, 20274 Pacifica Drive, said kids need a place to play. In addition, there is too much pavement and there is no place for rainfall runoff. He preferred the plaza area for the library. Kathy Stakey, 10222 Danube Drive, said the plaza site is a safe place for little children and she was in favor of maintaining it. She described the new library the city of San Carlos had built right next to their city hall. She said the city needs a library commensurate with their schools. Suzanne Sclar, 10581 Whitney Way, said she was worried about traffic and parking impacts on the neighborhood if the library is built on the field. She asked them to protect the neighborhood by building the library on Site B. Christine Ott, 10690 Martinwood Way, said her children thought the library should be built in the plaza because no one uses it. She said until questions had been answered about traffic and congestion she could not vote for the field as the library site. Luis Nunez, 11351 Bubb Road, sand the field is used for other activities than soccer, including Ultimate Frisbee. He said the other fields in the city are not just soccer fields, but are used by little league, bobby sox, and the recreation depa~h~ent. Statton thanked those who expressed opinions and said there will be a third session for input at the next meeting. James added that she was very impressed and pleased with the level of input. Bumett said there would be the same amount of library traffic regardless of where the building is put, with a small increase from the new usc of thc existing building. Plans are for access from Torre and Rodrigues regardless of where the library will be located. Lowenthal agreed with James regarding thc positive nature of the input and asked Parks and Recreation Director Dowling to clarify on the use of the 22 fields in the city. Dowling said thc Parks and Recreation Department schedules and maintains 18 of the 22 fields. The majority of those are on school sites so the majority of users groups are youth sports organizations. Their focus has been on youth programs. If the library were located on thc field, adults could usc the Wilson or Crecksidc sites. Chang said he also appreciated the level of input, and it was clear to him that there needed to be mitigating actions for a number of things including traffic and sports usage. 22. Consideration ofr¢i~ioval of traffic barrier at Stevens Creek Boulevard and Vista Drive. Director of Public Works Viskovich presented thc staff report. Hc said that in gcneral, any time restrictions are imposed it impacts someone, and if you remove them it eases the flow of traffic. May I, 2000 (~upert~no City Council Page 7 Jamie Doll, 10251 Parish Place, said she and her husband strongly recommended not l~¢iiioving the traffic balTier. She said they were willing to put up with the inconvenience to make the neighborhood safer for their children. L. T. Guttadauro, 10251 Parlett Place, agreed with Ms. Doll. Para McCollolg 10255 V~inia Swan Place, agreed with the previous speakers and asked that they keep the barrier. She said they need more traffic speed enforcement. Patrick R. Allen, 10191 Vista Drive, said he was conc¢~¥~ed regarding increased traffic and speed. He talked about a different design for the barrier when the new fire station and higher density housing open and said he would also like to see more enforcement. George Chin, 10333 Miner Place, agreed with other speakers about the amount and speed of traffic in the area and asked that they not remove the barrier. Gay Fischer, Cartwright Way, said the pork chop barrier will be removed to accommodate the fire district. She would like to see a traffic signal there that would allow everyone to make a safe left turn. Viskovich clarified that removal of the barrier was not necessary for the fire station. They are designing it so the preemption of the signal will allow the fire truck to make any move, but other motorists could not. Lee Liu, Miner Place, said she had seen the speed of traffic increase over the years. She was strongly against removing the barrier. Barbara Dixon, 20262 Cartwright Way, said she did not remember being notified that they were going to build a barrier. She described turning situations from Stevens Creek Boulevard that made it difficult for people to turn right from Cartwright Way. She was in favor of removing the barrier. Fred Bowen, 10306 Virginia Swan Place, said the issue seemed to be traffic versus accessibility. He said he felt a little bit trapped in the neighborhood because of the restrictions on access. He said he would like to see the barrier removed. Karin Meyer, 20271 Reinell Place, said she felt removing the pork chop would generate a lot more traffic onto Vista Drive and neighboring streets. If the barrier were removed, she asked if there were other means, such as wad bumps, to discourage use of Vista Drive as a short cut. She said she was against removal of the barrier. James McIlhiney, 20272 Cartwright Way, said people going out of the neighborhood go by the school because of the turning restrictions onto Stevens Creek Boulevard. He asked how they would handle the situation with fire trucks turning both ways on Stevens Creek Boulevard if they did not rcmove the barrier. May 1, 2000 Cupertino City Council Page g Viskovich said the fire trucks would have a preemptor that actually shuts the intersection down. The pork chop will be modified so the fire trucks can make all tums. He said staff's recommendation is to leave the barrier as is. Bumett said it was clear that most of the neighborhood residents wanted to keep the restrictions. He talked about some ways to design streets so that people cannot drive more than 25 mph. Chang agreed it was clear that the barrier was still useful to the majority of the people. Lowenthal also agreed and thought they should also look at ways to slow down traffic on Lazaneo. He asked staff'to try to find a way to make egress from Cartwright more safe. James said she was opposed in general to barriers, but would listen to the people who cared enough to come and express their opinions. She said she thought the barrier impacted the number of cars going by Portal and Collins Schools. Statton said he was in favor of the staff recommendation. He infouued them that the Lazaneo neighbors should contact the Public Works Department to work with them on slowing the W,d'fic. Burner moved to keep the barrier in place. Chang seconded and the motion passed 5-0. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS At 8:50 p.m., there was a brief recess. Council reconvened at 8:55 p.m. Mayor Statton moved the agenda to Item 24 24. Report on residential permit parking and consideration of permit parking at two locations: (a) Designating permit parking along Hyannisport Drive between Fort Baker Drive and Linda Vista Drive, Resolution 00-092 (continued from March 20, 2000) Designating permit parking on Dolores Avenue between Byrne Avenue and 200 fi. west of Orange Avenue, Resolution 00-105 (Continued.from April 3) The City Clerk distributed copies of e-mail responses from Vista Drive residents, along with a matrix summarizing those responses. Twenty responses were opposed to the removal, three were in favor, one was in favor if speed bumps were installed, and one was in favor if the traffic signal could be retimed. May 1, ~)000 (~upertlno City Councll Page Viskovich provided background information. He said staff recommended approval of permit parking for both areas, and that they institute the pilot program proposed by the high school district and the city. In addition, they recommend that a public hearing be held in February 2001 to evaluate the results. Mayor Statton opened the public hearing at 9:05 p.m. E. H. Kawasald, 21805 Hyannisport Drive, said Mr. Viskovich had approached him with a summary of the proposed pilot program. Residents of upper Hyannisport Drive were not included in the task force. He talked about the results of a poll of the area residents who had signed the petition for permit parking, noting that most of them were against the proposed pilot program. He said permit parking, which was extended to weekends, was in effect for many areas in the city. He requested extended permit parking in the proximity of Monta Vista High School, the parks and recreation fields, and sports events at Kennedy Sr. High School, without the pilot program. Mr. Kawasaki said there was no equality in the pilot program. Alexandra Kao, 21796 Hyannisport Drive, reinforced Mr. Kawasaki's statement about a 24 hour parking pcna~it. Parking is an issue all the time, not just during school hours. She said the one-car-per-household permit would not work for her and probably many of her neighbors. If they institute a pilot program it should be for a bigger area. She said the pilot pwgram was not clearly defined and wondered what the residents' rights and responsibilities would be. She talked about enforcement of the permit parking pro~un. David Shen, 21920 Dolores, showed three pictures taken the previous afternoon and said he had never heard about the pilot program until today. He said he was vehemently against it because of noise from stereo speakers, and loitering and littering by students. In addition, last summer his car was broken.into and CDs and small change were stolen. He said he was afraid that if residents complained and a permit were revoked, there could be retribution. In conclusion, he showed a picture of cars parking illegally in a permit parking zone and said there was no enforcement. Ruben Delgado, 21840 McClellan Road, Student Conduct Liaison at Monta Vista High School, said the pilot pro,am was in the developmental stages and violations would be enforced by both the Sheriff's Department and code enforcement. This kind of enforcea-~ent had worked in the school parking lot. He said some of the problems mentioned earr~er could be eliminated with the program, because the students would be accountable. In regard to the permit parking program in the school parking lot, students were cited if they parked in an improper spot. After the first part of the semester, violations dropped off from daily to once or twice a week. He said he would be one of the contacts for residents. Viskovich clarified regarding responsibility, stating that the student that has been assigned the parking permit will have a number, and the resident will know that student. If someone else parks there, the homeowner will call for enforcement .and the person will be cited. May 1, 12000 Cupert~o City Council Page 10 Matt Bettencourt, 11533 Upland Court, Associated Student Body President at Monta Vista High School, said the task force, comprised of Monta Vista students and administrators and city staff, has come up with a pilot program which is a reasonable solution to the problems on both sides oft_he issue. He said there goal is for students to be able to park on public streets around the school, yet not be a burden to the neighbors. To accomplish this, they have made parking in the school lot first-come first-served. In addition, they have taken out planters in the parking lot to allow more spaces, and added parking on the blacktop so that staff and teachers can park there. Finally, they have created the pilot program. He said if the program is successful, they would like to see it expanded to other streets around the school. He said there are many details to be worked out, but with compromise and growth he believed they would be able to solve the problems that face them. Gene Longinetti, Coordinator of Property Management and Services for the Fremont Union High School District, said he chaired the task force. He emphasized that they know they do not have all the answers to the probleiii yet. The specifics of the problem would have to unfold as they bring residents into the committee and look at the entire issue. He said the pilot program would make it less likely that students would congregate on the residential streets after parking. The issue of no parking spaces available in front of a particular house, for whatever reason, would have to be considered as part of the pilot program. Exceptions would have to be made in some cases. He said the Board of Trustees was enthusiastic and supportive of the program. The district is committed to working with the city and the residents to make it work. He said they believe that the population of Monta Vista will continue to grow, so they need to look at this on a long- term basis. He said the committee would be comprised of 8-10 members representing city staff, residents, students, and the school district. He said that once the school facihty modernization is complete, they should end up with about the same number of parking spots they started with. Jackie Kritzer, 21785 Hyarmisport Drive, said she was in favor of the pilot program. The idea of permit parking is not new in the area, all the other streets around the school have it. She said the school is a good neighbor and she thought this was a good compromise. Ray Ravizza, 21945 Hyaunisport Drive, said he had not noticed any difference in the number of cars parking in the streets since the school identified more parking on campus. He was not in favor of the pilot program because he said it was undefined. He had questions about enforcement and did not think it was a real pilot program since they were running it on such a short section of one street. Dennis Yau, 21795 Hyannispon Drive, strongly urged them to impose permit parking. He made the following points about the pilot program: 1. He never heard that the school was trying to encourage students to have car poohng or bicycling. 2. Thc pilot program area is very small so he did not know how meaningful the data gathered would be. 3. It shifted the enforcement burden to the homeowner rather than the Sheriff. May 1, 2000 Cupertino City Council PaEe 11 Margaret /31enday, 21836 Hyannisport Drive, said she was concerned about Council voting tonight when no residents had been involved on the task force. She asked them to let residents of Dolores and Hyannisport give input before they made a decision. · Tom Kritzer, 21785 Hyannisport Drive, said council should not look at just one piece of info,i~ation. He said parking has been restricted throughout the neighborhood as people asked for permit parking. He said any one of the streets is not a problem, the problem is all of them together. He said he thought the pilot program made sense but it needed to be followed up quickly with action to open up parking to other areas. It was not clear to him how the program would be successful with just two streets. He was informed that the process to revoke permit parking would be similar to what they were doing at this meeting. He said they should figure out the pilot pro~,m this summer so that when school starts again they would be ready to implement it. Statton closed the public hearing at 9:40 p.m. Viskovich clarified that the resolution for Hyannisport called for permit parking 24 hours a day, seven days a week, because of youth sports activities. Dolores does not have that issue. He said the original intent was to implement the parking restriction and go along with the pilot program with details being worked out by the committee. He said the details should be worked out by February 2001. The alternative is to not implei~ent permit parking before thc end of the school year, and over the summer work out thc details of the pilot program. He said that roughly half of the cars parked on Hyannisport and Dolores belonged to students. Joanne Laird, assistant vice principal at Monta Vista High School, said they had encouraged carpooling but that program didn't work. They have bike racks available. James said she would like to use the summer to broaden the task force, look at all the permit parking in the area, and do the pilot program for the whole area. She thought they should take a firlner stand on enforcement of the current laws. Bumett said his preference was to apply the permit parking as requested and the school work with the neighbors to look at the pilot pw~am on a bwader basis. Chang agreed that residents deserve relief, so he was in favor of permit parking. Also, if the pilot program were carefully implemented with resident input it had a chance for success. Lowenthal said he had become more sensitive to neighborhood issues and liked the pilot pwgram, especially the accountability. He would not favor permit parking on weekends. Statton urged that the district try the carpooling program again. He was in favor of instituting permit parking but not on weekends, and wanted to involve the neighborhood in the pilot program. May 1, 2000 C~upert[no City Council Page 12 James moved to direct staff to immediately implement permit parking on Hyannisport and Dolores; the permit parking time will be Monday through Friday, 7 a.m. to 4 p.m., while school is in session. She further moved that thc task force shall bc expanded to include neighbors from the community, and their input shall be solicited regarding the pilot program for student parking. The pilot project will not be implemented until the fall semester. The task force shall give a status report to city council in June. Bumett seconded, and the motion carried 5-0. 23. Consideration of summer council meeting cancellations: (a) July 3 (b) August 7 or 21 By consensus, council canceled the July 3 and August 7 meetings. 25.(A) Report on the redevelopment of existing apa~hixent complexes (below-market-rate units). Director of Community Development Piasecki summarized the staff report. Council referred this issue to the Housing Committee to evaluate options and fo,uulate a recommendation to the city council. 25.(B) Federal Aviation Agency/San Francisco Airport (FAMSFO) plan to reroute all incoming air traffic to San Francisco Airport over Silicon Valley. City Attorney Charles Kilian reviewed the backup materials. Council concurred that Statton would attend the hearing tomorrow and sign the letter drafted by the City of Campbell expressing opposition to the proposed changed in mutes. ORDINANCES 26. Second reading and enactment of Ordinance No. 1846: "An Ordinance of the City Council of the City of Cupertino Authorizing an'Amendment to the Contract Between the City Council of the City of Cupertino and the Board of Administration of the California Public Employees' Retirement System Regarding Volunteer Service for the US Government (Peace Corps or America Corps: VISTA Service)." The City Clerk read the title of the ordinance. Bumett moved and James seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 5-0. Bumett moved and James seconded to enact Ordinance No. 1846. Motion carried 5-0. 27. Second reading and enactment of Ordinance No. 1847: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.34 of the Cupertino Municipal Code Relating to Roadway Design Features and Section 11.34.030 Relating to Establishment of Warrants for the Installation and Maintenance of Road Bumps." May 1, 2000 (~upertlno (~ity (~ounc{1 Page 13 Thc City Clerk read thc title of thc ordinance. Burnctt moved and Samcs seconded to read the ordinance by title only, and that the City Clerk's reading would constituto the second reading thereof. Motion carried 5-0. Bumett moved and James seconded to enact Ordinance No. 1847. Motion carried $-0. 28. Second reading and enactment of Ordinance No. 1848: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 11.08.250, Bike Lanes Designation on Stevens Creek from Foothill Boulevard to Stem Ave." E. D. Conchs said bike lanes arc underutilized in the city and suggested doing away with them. He said he was also opposed to the new library. The City Clerk read the title of the ordinance. Chang moved and Lowenthal seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the second reading thereof. Motion carried 5-0. Chang moved and Burnett seconded to enact Ordinance No. 1848. Motion carried 5-0. STAFF REPORTS - None Council members discussed whether they should reconsider their decision on Item 14, removal ora traffic barrier on Pacifica, in light of the community comments regarding the removal of traffic barrier at Stevens Creek Boulevard and Vista Drive. James moved to reconsider item 14. Chang seconded and the motion passed 5-0. COUNCIL REPORTS Brown reported on the L~gislativc Review Committee's recommendations as follows: Support AB 1806 (Pacheco), property tax shifts, freeze on growth support; AB 2451 (Runner), motor vehicle fuel taxes, local roads; AB 2173 (Bates), transportation funding; AB 1809 (Runner), hate crimes; AB 1009 (Correa), public employees' retirement, purchase power protection; AB 1792 (Villaragosa), vehicles, disabled persons parking, violations and fees; AB 2187 (Aanestad), alcoholic beverage, local ordinances, open containers; and a fiscal relief package in 2000-2001 state budget. Oppose SB 1848 (Perata), vehicle weights; AB 2078 (Granlund), elections, voter registration programs; AB 2651 (Margett), highways, counties, encroachment permits; and S2255, Internet tax. Bumett moved to approve the committee's recommendations. Lowenthal seconded and the motion passed 5-0. Vice-Mayor James congratulated the Deputies Morgenthaler and Kaarle on winning the motorcycle competition for the third year in a row. She also congratulated Deputies Shannon and Oallardo for their "Every 15 Minutes" program at Cupertino High School May I, ilO00 Cupertino City Counc' l Page 14 that discouraged drunk driving. The skate facility cornrnittee wont on a tour and is getting close to choosing a location. She attended the Cherry Blossom Festival over the weekend. She and Mayor Statton went to the 75a anniversary of Frernont High School. Lowenthal said he and Burner and Chang enjoyed doing the story time at the library. He talked about the impact of the "Every 15 Minutes" program on students. He worked at the Cherry Blossom Festival. He attended a program on the Digital Divide at which Jesse Jackson spoke. He said James is doing a great job of chairing the skate committee and the students have wonderful ideas. The Library JPA meeting was dealing with how to do six new libraries at once. Chang also enjoyed story time at the library. He attended a 5Cs steering committee meeting and thought the committee reacted enthusiastically to Mayor Statton's suggestion for a town congress in the fall. They are having a potluck Wednesday in honor of Don Brown. ' Burnett attended a meeting of the Cities Association legislative review committee. The question came up about how much authority representatives have when representing their councils. Council members told Bumett to use his judgment in taking a position on legislation without bringing it back to them. He met with Mike Evanhoe of VTA. He has met with Caltrans about quieting freeway noise. He talked about the some of the methods they were considering. VTA and the Board of Supervisors are meeting on this later this week. CLOSED SESSION - None 29. At 10:45 p.m., council adjourned to May 5, 7:30 a.m., conference room A, for a closed session regarding the city manager recruitment. Kimberly Smi~ City Clerk