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CC 09-19-94 , . . . I . CC-887 MINUTES Cupertino City Council Regular Meeting September 19, 1994 At 6:45 p.rn., Mayor Koppel called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, and led the Pledge of Allegiance. ROLL CALL Council members present: John Bautista, Don Burnett, Wally Dean, Laura1ee Som1sen and Mayor Barbara Koppel. Council members ab!Jent: None. Staff present: Acting City Manager Bert Viskovich; City Clerk Kim Smith; Administrative Services Director Carol Atwood; Community Development Director Bob Cowan; City Attorney Cbarles Kilian; Parks and Recreation Director Steve Dowling; and Public Information Officer Donna Krey. POSTPONEMENTS It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously to continue item Nos. 16, 17, and 22 to October 3, 1994. ORAL COMMUNICATIONS Mr. Alan Bidwell invited eveJYone to the Rotary Club's Olctoberfest on October I and 2. Ms. Kathy Nellis discussed the expanded children's 5e(.1Ïon. Mr. Bob Rychlik prnenJed Council with commemorative pins. Mr. Stan Brock gave the Council members coupons for food and a commemorative beer mug. Mr. Bidwell said that in the last 24 months there had been $85,000 worth of contributions to the community and world-wide orpni7Sltions. Mr. Farokh Debao, 10257 Nile Drive, referred to item No. 18, the Cupertino City Center Associates project. and said he was concerned about development applications made before concrete plans had been made for Stevens Creek Boulevard. . . . , September 19, 1994 Pile 2 cupertino City Council CONSENT CALENDAR It was moved by Counc. Sorensen, seconded by Coone. Dean, and carried W18IlÍmously to adopt item NO$. I through 13 on the consent calendar as presented. 1. Resolution No. 9185: "A Resolution of the City CoUDCil of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending August 26, 1994." 2. Resolution No. 9186: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for GeneraI and Miscellaneous Expenditures for the Period Ending September 2,1994." 3. Resolution No. 9187: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending September 9, 1994." 4. Resolution NQ. 9188: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and From the Funds as Hereinafter Described for Salaries and Wages for the PayroIl Period EndingAugust2I,I994." 5. Resolution No. 9189; "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demand$ Payable in the Amounts and From the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period Ending September 9, 1994." 6. Resolution No. 9190: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement Between the City of Cupertino and The Friends of Stevens Creek Trail." 7. Request ftom Optimist Clubs of Cupertino and DeAnzalCupertino for waiver of fees for use of Quinlan Community Center on November 17, 1994, for awards ceremony in conjunction with Youth Appreciation Week. 8. Monthly Treasurer's Report and Budget Update, August, 1994. 9. Annual Affinnative Action report. 10. Resolution No. 9191: "A Resolution of the City Council of the City of Cupertino Authorizing the City Manager to Execute the Santa Clara County Operational Area Disaster and Recovery Organization Interim Agreement." September 19, 1994 cupertino City Council Pqe3 þ II. Resolution No. 9192:" A Resolution of the City COWICiI of the City of Cupertino Accepting Quitclaim Deed and Authorization for Underground Water Rights ftom Anthony F. Roaque, 22425 Santa Paula Avenue, APN 357-04-041." 12. Resolution No. 9193: "A Resolution ofthc City Council ofthc City of Cupertino Approving the Final Map and Improvement Plans of Tract No. 8657 Located Northwest Comer Stevens Creek BoulevardlMann Drive; Developer Summerhill Monta Vista Ltd.; Accepting Certain Easements; Authorizing Signing of Final Map and Improvement Plans; Authorizing the Execution of Agreement in Connection Therewith." 13. Approval of minutes of the September 6, 1994, regular adjourned meeting. YQ1!: Members of the Ci\y C'.01mcil AYES: NOES: ABSENT: ABSTAIN; Bautista, Burnett, Dean, Koppel, and Sorensen. None None None PUBLIC HEARINGS þ 14. Consideration of revocation of Use Permit 4-U-8S concerning the operation of a restaurant and drinking establishment known as Ola's Caribbean Cajun/African Restaurant and Night Club located at 10905 North Wolfe Road. (a) Rt:SOlution No. 9195; "A Resolution of the City Council of the City of Cupertino Modifying the Conditions of Approval For Use Permit Application 4-U-8S Ola Hassan (Formerly Sneakers Of Northern California)." The Community Development Director reviewed the staff report. He explained that draft resolution No. 9195 would modify the use permit to give the Sheriff's department greater latitude in monitoring activities, including reviewing and modifying the restaurant security plan. It would also prohibit minors in the entertainment side of the fxility after 9:00 p.m. He added that Council would still have the ability to institute another revocation bearing if the problems were not solved. Mayor Koppel opened the public hearing. Mr. Ola Hassan, applicant, said that his purpose was to operate a culturally diverse businCS$ without creating problems for the neighbors or the City. He said he agreed with the recommendations proposed by staff, and would fully cooperate to addre!Js the City's concerns. . Capt. Bob Wilson of the Santa Clara County Sheriff's Office explained that problems had occurred in two types of situations. One was when there was a mix of both adults and minors, and the other was when there were large crowds and September 19, 1994 Cupertino City Council Page 4 . insufficient security il! the parking lot area. He believed the proposed amendments to the use pennit would address those situations, but he would come back to Council if further steps were required. It was moved by Counc. Sorensen, seconded by Counc. Burnett and carried unanimously to adopt Resolution No. 9195, including the amendment of paragraph No. 7 to read "Additional Conditions" instead of "Suggested Conditions." IS. Appeal of Plannil'lg Commission approval of Application 4-TM-94, Miu Joe, request for a tentative map to subdivide a .92 acre parcel into 3 lots. The property is located at 10120 Crescent Road. Kenneth A. Clark. appellant. (Continued from the meeting of September 6, 1994.) The Community Development Director reviewed the staff report. Mayor Koppel opened the public hearing. . Ms. Amy Boyd, 10120 Crescent Road, presented a 5-page petition stating that the signers were opposed to the proposed development adjacent to Varian Park, and asking that approval of any development on the site be limited to one-story construction and that the developer provide screens of mature trees to preserve the scenic view from the Park. She noted that many of the trees in the park orchard are dead and will not serve as sufficient screens. Mr. Howard Strachman, 10075 Crescent Road, expressed concern that the new homes would "wa1I in" the park. He was in support of a one-story height limitation, ar.d asked whether the public right-of-way along Crescent Court would meet minimum standards. He was in favor of retaining the existing pine trees and eliminating requirements for overhead street lighting. Mr. Viskovich, the Acting City Manager, explained that the minimum right-of- way width is 56 feet, buI the actua1 street may be narrower. Normally sidewa1ks are required þPMollV' of transportation demand management (TDM) provisions designed to reduce vehicle trips and to provide safe pedestrian access. Crescent Court may eventually be a link for the neighborhood to access Varian Park. The City Attorney explained that while doing a subdivision the Council does not usua1ly approve the heights of the buildings; that would be done by zoning. As long as a building application is obtained, a two-story home could be built by this owner, or any subsequent owner, as long as setback requirements are met. . Mr. Steve Paterson, 10106 Crescent Court, said the Planning Commission made provisions for sidewalks to be installed in the future. He discussed existing access to the park. September 19, 1994 cupertino \:ity COWlCil Page S Mr. Bruce Irwin, 10120 Cresent Road, said that he was a partner in the project. He said his concerns were addressed at the Planning Commission. and that he had contacted the project's neighbors for input, but only Mr. Varian and Mr. Paterson had participated. Mr. Varian's concerns had been about keeping the tree line along the park to protect views, and the applicant had agreed to anything Mr. Varian had in mind. He added they would prefer not to have sidewalks. Mr. Irwin said there were a number of existing homes that were two stories, including that of the appellant Mr. Paterson showed some slides illustrating the park and surrounding tree line úom various angles, and said that the proposed home would change the current scenic aspect of the park and that a two-story structure would dominate it Mr. Morey Nelsen, the civil engineer for this project, said he was available to answer any technical questions. He described the trees that were slated for removal. At 7:40 p.m. the public hearing was closed. Discussion followed regarding sidewalks and whether they should be installed at this time. Counc. Sorensen noted that she had visited the area, which was very rural in nature. She expressed her preference for underground utilities and no curbs and gutters, and encouraged a single story home next to the park because most of the homes immediately surrounding the park are one story. She expressed concern about a number of shrubs which appeared to have been still growing but which were removed. She said the Council should look at the whole of Varian Park and try to do something about the orchard trees, since this is $UCh a unique area representative of what the valley used to look like. The Public Works Director said they had elim;n"t...t the use of slope gutIeß because of the parking and drainage they created. He pointed out that sidewa1ks were neç~ary for safety because this was a school area, and it was unsafe to force pedestrians into the street because of a lack of sidewalk. The Public Works Director explained that in the past the City could use agreements to defer improvements on individual houses u!\til they had enough money to install a continuous sidewalk, but that option was removed by legislation. He said the prospects of completing the sidewalk on Crescent Road would depend on the rate of development in that area, unless an assessment disttict were fonned. Counc. Bautista said he was it) favor of restricting the house to one story, and the sidewalk should be installed back from the curb to go around the existing trees and to encourage planting new trees. Counc. Dean said the core of the issue was how many stories the houses could be. The City Attorney said the subdivision ordinance did not allow for regulation of building heights, but that Council could accompli3h th:it by rezoning the parcel. ~ber \9, \994 Cupertino City Council Page 6 . The Community Development Director noted that in the Emily Chen development it was designed as a planned development zone to accomplish the height limitations, but that would require that the item go back to the ?lanning Commission. Further discussion followed regarding sidewa1ks and how they would be used by the neighborhood. Counc. Dean said that spot-zoning to adcfre,z.s building height would be a mistake. It was moved by COWIe. Dean and ~nded by Counc. Sorensen to deny the appeaI and uphold the approval of the application, with sidewalk installation on Crescent Road to be deferred; no requirement for lighting; and :itilities to be underground. Coone. Dean noted that the tree!J are a sensitive issue because of their poor condition, and that they should receive better care. Counc. Burnett amended the motion to include the protection of all trees designated on the tentative map. Counc. Sorensen seconded the amendment, and it carried unanimously. . Mayor Koppel said it was easy to make short-tenn decisions, but Council should be concerned about tt.e safety of school children. Mayor Koppel amended the motion to requi.-e the installation of a sidewalk on Crescent Road. Counc. Burnett seconded, and the amendment carried 4-1 with Counc. Sorensen voting no. It was moved by Counc. Dean, secondl"d by Counc. Sorensen and carried 4-1 with Counc. Bautista voting no to deny the appea1 and uphold the approval of the tentative map as recommended by Planning Commission Resolution No. 4543, to amend condition No.2 to protect all trees designated on the tentative map, and to insta1I a sidewalk on Cresent Drive. 16. Application Nos. I-Z-94 and 2-EA-94 - City of Cupertino - Request for rezoning of various hillside properties encompassing 185 net acres in the Regnart Canyc..1 area. The site is located in the west foothills of Cupertino. The planni'1g Commission recommends the granting of a Negative Declaration. Recommended for approval. (Continued üom July 5, 1994; !Jtaff requests this item be continued to the meeting of October 3,1994.) It was moved by Counc. Sorensen, seconded by Counc. Burnett, and carried unanimously to continue this item to October 3, 1994. . 17. Application Nos. 81,156 and 9-EA-94 - City of Cupertino - Amendments to various sections of Chapter 19.40, Residential Hillside Zones, of the Cupertino Municipal Code, regu1ations for flat yard area, second story otT-s..-ts and house sizes. The Planning Commission recommends the granting of Negative Declaration. Recommended for approval. (Continued üom July 5, 1994; staff requests this item be continued to the meeting of October 3,1994.) September 19,1994 Cupertino City Council Page 7 . It was moved by Counc. Sorensen, seconded by Counc. Bumett, and carried unanimously to continue this item 10 October 3, 1994 PLANNING APPLICATIONS 18. Applications 7-U-94, 5-TM-94 and 14-EA-94 - Cupertino City Center Associates D - Use Permit to construct a 120 unit "For Rent" condominium complex. Tentative Map to subdivide one parcel into 120 condominium units. The project is located at the southeast quadrant of Stevens Creek Boulevard and DeAnza Boulevard. The Planning Commission recommends the granting of a Negative Declaration. Recommended for approval. A letter was received from the Midpeninsu1a Citizens for Fair Housing dated September 15, 1994, asking that no exception be made to the city's Below Market Rate Housing policy. Another letter dated September 19, 1994 was received from Mr. Richard Schuster objecting to the applicant's petition to pay a fee in-lieu of producing below market rate units. The Community Development Director reviewed the staff report. . Mr. Mark Kroll, representing the applicant, discussed their proposal and said that after discussions with staff and the Planning Commission, they were down to the emotional issue of Below Market Rate (BM~) units and in-lieu fees. He believed the process by which the City attempts to generate affordable units is flawed. He said they had discussed it at the Planning Commission level and did not wish to rehash the arguments. When they committed their resources to this project they meticulously followed through on the Housing Mitigation manual and also went to the Affordable Housing Committee. He believed they were entitled to the in- lieu fee approach. However, after the Housing Committee detennined they could pay the in-lieu fee, the committee decided to change the regulations so no one else with a similar project could acbieve that BMR fee, and that was not fair. Also, the Committee felt that the in-lieu fee was too low, and if that was the case it should be changed, but not retroactively. Mr. Kroll said they unsuccessfully attempted to purchase property offsite for 12 BMR units, but it was economically infeasible. He explained that a podium project has substantial fixed costs because it is built on a platfonn with below-grade garages, but it was feasible in this C3Se because they hoped one day to sell the units as condominiUID$. He noted that requirements of the Americans with Disabilities Act resulted in minimum unit sizes which reduced their design options and eliminated the possibility of studio ay¡utwents. Mr. Kroll said they would be y,;l1ing to not only pay the in-lieu fee but designate an additional two one-bedroom units as affordable to moderate rent for the period often years. This would make the project less financeable but the alternative W&' no project at all, and no housing for anyone. If in fact the two additionaIlower- rent units made the project not financeable, the applicant would like to have the ability to return to Council to discuss the problem. He added that since they started the project in July, 10ng-tenn rates are up substantially. . September 19,1994 Cupertino City Council Pa¡e 8 . Mr. Kroll said another issue was park dedication fees. lòey had counted on receiving 50% credit, and he asked Council to make the 8pplUpliate findings for the project to receive credit Mr. Alex Seidel, the project architect. reviewed the proposed 1andscape plan, amphitheater elevations, and renderings showing how the project would blend into the existing buildings. Mr. Farokh Debao, 10257 Nile Drive, said that the density of the units was actually 71.8, and showed an overhead of an earlier project which indicated that some of the property now slated for housing was marked as open space. The credit for the park mitigation fee is based on the amphitheater being publicl~ accessible, but in the staff report dated July II it states that the open space area lacks cQmmunity access. There were also no other amenities, such as a playground. . During oral communications, Mr. Debao said he was concerned about development applications made before concrete plans had been made for Stevens Creek Road. Mr. Debao said he was concerned about the traffic report, which concentrates on providing Class E service at DeAnza and Stevens Creek and Rodrigues and Stevens Creek, but there was no mention of Rodrigues and Torre. The residents should not be penalized. Counc. Dean said he agreed that the intersection should be reviewed. The Community Development Director noted that the issue had gone through public hearings with the neighbors and the current restrictions were set up as a neighborhood protection plan conditioned upon the City Center development, which funded the improvements. Any changes would require another public hearing. Counc. Sorensen rem;ndM the Council that they had planned to review traffic at all the City's intersections about six months after the new Highway 85 had opened. Mr. Debao said he would like to see the City Center planned out in a balanced community. The City Attorney said that credit given to the developers for open space for parts is for private use for the residents of that development It is not completely discretionary because there is an ordinance that governs how the credit is given. . Mr. Dick Schuster, 777 StendhaI Lane, is the current Affordable Housing Committee (AHC) chairperson. He scid he took exception to the characterization about the AHC's goals and what action it had taken as presented by a person who had not attended the meeting. He said the commitree agonized over the presentation by Jackie Diller, who had represented the applicant He said it was not true that the AHC's only goal was to make retroactive changes. He offered September 19, 1994 Cupertino City CoUDCiI Pa¡e9 . Mr. Kroll an opportunity to address the AHC on some of the iS5ue$ that have been raised. He said the City has a good 8MR policy and did not believe the applicant duly investigated all of the possibilities in accordance with the Housing Mitigation Procedures Manual, and that Council may be setûng a precedent by approving this project. Mr. Al Hoffinan, a neighbor, agreed with the comments made by Mr. Debao. He believed the position of the Commission was to recommend the project \vith conditions. There \1I1as not a suggestion that Council reconsider the requirements for BMR units, it was left open for the applicant to appeal it. Mr. Kroll said they were told to bring the BMR issue to Council, and they urged Council to support the in-lieu fee with their offer of an additional two units of affordable housing. He explained that they had offered to take the in-lieu fee and pay it to anon-profit org¡mir.ofÎon (Barry Swenson/Community Housing Developers) to help them pursue their project proposed for the east end of town, near Tantau, but the AHC did not feel that offer was adequate to deal with the BMR issue. The Community Development Director add.:d that underwriting the project would provide two and one-half units, but the AHC felt that it was too intangible since neither the Commission nor Council has seen plans for the project yet, and a lot of work was still needed. . Counc. Sorensen said that in the future the in-lieu fee should be made larger. The Community Development Director said that issue was now before the AHC. Counc. Bautiga said that Council had not looked at other opt!ons besides the in- lieu fee, and they need a study to consider what those other options may be. The City Attorney advised Council to keep the application and housing issues together and not separate them. Mr. Kroll reviewed the steps the applicant had taken to follow the Housing Mitigation Procedura Manual. The City Attorney said when discussing whether the projec.t is infeasible, does it mean infeasibility of the particular application beauS(" perhaps a podiwo development cannot support BMR units. Maybe that is inappropriate for developing an apaalw.:nt hou!Je, but that doesn't mean that the developer is neces!J8rily going to be allowed to justify an in-lieu fee. Maybe be would bave to come back with a different development. He asked if the word infeasible applied to the particular application or to the development in genera1? He said that hadn't been addressed sufficiently by either the Councilor the AHC. . Counc. Bauústa said the statute discusses desigJ'aring a portion of the units as affordable. In tenDS of determining infeasibility, Council can suggest a moc!ification to that in this case, and 5'lggest that the applicant designate a certain nwober less than 10 percent as affordable, then let the applicant do an economic September 19. 1994 cupertino City Council Page 10 . feasibility test. Counc. Sorensen said she felt they had done an economic feasibility test. Counc. Dean said he agreed. Counc. Burnett said this project was not in keeping with his vision of Cupertino. The triangle is being eliminated as open space and everything in that area will be built upon except the current open space and an area on the street comer. He said it was too M"nh"tt"n-like, too dense over all. Seventy-two percent is more than he would vote for, and a three-story walk-up is too high. Their other development in Mountain View has a park nearby, and is close to the Castro Street downtown area. Counc. Burnett said he would not forgive the park fee on the basis of what he has seen of the project. Council should require the BMR units to be built on- site. The General Plan says they must do this allover the City and that's the only way to do it. He said he cannot support the project at all. Mayor Koppel suggested that it be sent back to the AHC and have the developer prove to them that it is infeasible to put 12 BMR units on site. She said she appreciated the applicant's offer of two additional low-rent units with in-lieu fees. . The City Attorney saiJ if û'ö:: ARC cannot reach accord, then it would come to the Council. The applicant said his proof of infeasibility was public record and was given to the Planning staff. The Community Development Director said that the applicant's infonnation had been synthesized on page 18-35, but the origina1 letters were not in the Council packet. The Community Development Director said the AHC felt very strongly that the BMR units should be built on-site, and not enough evidence was presented to demonstrate that in-lieu fees should be allowed. The City Attorney suggested that the applicant be given an opportunity to present complete and thorough evidence with respect to whether they met BMR requirements, either at the AHC or Council. Mr. Kroll reviewed the steps they had already taken. and asked that Council bifurcate the proce5$ by approving the project at this time and bringing back the issue of whether they have met the test to allow in-lieu fees. The City Attomey said that the item should not be split up, h«'''''''' the mitigation measures may bear on the ultimate project. and Council is not unanimous about the whole project anyway. He urged that the members of tIK. AHC also attend the hearing and explain whey they felt the requirements haven't been met. Counc. Dean said it would be wonderful if the AHC could provide a workable solution. Counc. Sorensen agreed that they should offer constructive suggestions and not merely criticize the steps that bad been taken. Counc. Bautista asked if the test is only whether 12 units are feasible. The City Attorney said Council could require less units but they must be on-site. He said that is not in the ordinance, by is implied in the ordinance. . By consensus, the City Council agreed to continue this item to October 3. At that time the applicant will present evidence of his attempts to meet the feasibility test of the Housing Mitigation Procedures Manual. Counc. Burnett said that the community deserves amenities and affordable housing, so he would like to hear remarks on parks and open space in the immediate area. September 19, 1994 Cupertino City Couucil Pagett . 19. Appeal of Planning Commission approval of Application ll-ASA-94, San Pedro Electric Sign CompanylYoshinoya Beef80wl, request for an exception to exceed the allowable height of a waIl sign in accordance with Section 17.24.060 of the Cupertino Municipal Code. The ptupcrty is located at 19825 Stevens Creek Boulevard, at the northwest corner of Stevens Creek Boulevard and Portal Avenue. Counci1member Don Burnett, appellant. The Community Development Director distributed a copy of a fax fiom Mr. Marlt Frank of the San Pedro Electric Sign Company indicating that the size of the logo bad been reduced ftom 36 inches to 30 inches, as requested by Counc. Burnett. It was moved by Counc. Burnett, seconded by Mayor Koppel, and carried unanimously to uphold the appea1 and to require the logo to be reduced to 30 inches. NEW BUSINESS 20. Review and update of City of Cupertino Conflict of Interest Code. t (a) Resolution No. 9194: "A Resolution of the City Council of the City of Cupertino Rescinding Resolutions 6513, 6730 and 8605 and Adopting the Conflict of Interest Code of the City of Cupertino for Officials and Designated Employees." The City Clerk reviewed the staff report. It was moved by Counc. Dean, seconded by Coone. Bautista, and carried unanimously to adopt Resolution No. 9194 as presented. 21. Appointment of alternate to Santa Clara County Congestion Management Agency Policy Advisory Committee. It was moved by Counc. Dean, seconded by Coone. Sorensen, and carried unanimously to appoint Coone. Burnett as Mayor Koppel's alternate to the Policy Advisory Committee. 22. Consideration of amending Title 10 of the Cupertino Municipal Code regarding regulation of graffiti. (a) First reading of Ordinance No. 1669: "An Ordinance of the City Council of the City of Cupertino Amending Title 10 of the Cupertino Municipal Code By Adding Chapter 10.60 Regarding Regulation ofGraftiti." þ It was moved by Counc. Sorensen, seconded by Counc. Burnett and carried unanimously to continue this item to October 3, 1994, as requested by staff. .. September 19,1994 Cupertino City Council Paae12 . ORDINANCES 23. Second reading and enactment of Ordinance No. 1668: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 10.21, Newsracks, of the Cupertino Municipal Code." The City Clerk read the title of the ordinance. It was moved by Counc. Burnett, seconded by Counc. Dean, and passed unanimously to read Ordinance No. 1668 by title only and the City Clerk's reading to constitute the second reading thereof. It was moved by Counc. Burnett, seconded by Counc. Sorensen, and passed unanimously that Ordinance No. 1668 be etU!cted. COUNCIL REPORTS . Mayor Koppel asked that the next agenda include consideration of a joint meeting of the Planning Commission and City Council regarding the Diocese. She announced that on September 29 at the Quinlan Center there would be a dinner and panel discussion on the new crime bill, sponsored by the Cities Association. She encouraged the other Council members to attend. Mayor Koppel presented the Council members with tickets to sell for the benefit barbecue sponsored by the Keep Community Libraries Open Committee. The barbecue wiil be held October 4 at 5:00 p.m. at Blackberry Farm. Mayor Koppel reviewed the progress on the Highway 85 opening celebration, and said the parade has over 112 floats. There will be 3 stages with entertainment, a display of antique autos, hot rods, and new cars, a craft show, and commercial vendors displaying their products. She reminded Council that there will be a Council goal-setting session on October 29. Counc. Burnett said he went on a field trip last week with the Northwest Flood Control District and North Central Flood Control District, and was pleased with the progress on the Guada1upe River pad. He said earlier today he attended a meeting of the Traffic Authority Policy Advisory Committee and there was a motion to approve the strategic plan. He said the plan was flawed ftom the point of view of a bicyclist since there is no satistàctory way to get on 237 across 880, and the plan specified that bicycles must be walked across. That particular line was stricken from the strategic plan and he voted against it because there was no mitigation provided. It clearly !JaYs in the environmental impact report that when you take away bicycle access, by law it must be restored. . Counc. Dean said that it was interesting to walk or ride a bicycle down the new Highway 85. Counc. Burnett said he heard today that they will begin issuing tickets of up to SSS for being in that closed area. However, on October 15 the south lane will be open the whole way, so anyone could ride their bike on that day. Mayor Koppel said that pedestria."1S, bicycles, skateboards, etc. will be allowed, but no animals or motorized vehicles. Counc. Sorensen announced that the Cupertino Historical Society was having a barbecue at the end of the Highway 85 celebration, and she has tickets for sale. . . . ,." September J 9, 1994 Cupertino City CouociI Page 13 ADJOURNMENT At 10:00 p.rn. the -ng was adjourned. MJ~,.~~· Kim Marie Smith City Clerk