CC 05-04-98 MINUTES
Regular Adjourned Meeting
Monday, May 4, 1998
PLEDGE OF ALLEGIANCE
At 6:45 p.m. Mayor Chang 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 Michael Chang, Vice-Mayor Wally Dean,
Councilmembers Don Bumett, Sandy James, and John Statton. Council members absent: None.
Staff present: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles
Kllian; Administrative Services Director Carol Atwood (8:00 p.m.); Community Development
Director Bob Cowan; Parks and Recreation Director Steve Dowling; Public Information Officer
Donna Krey; and Public Works Director Bert Viskovich.
CEREMONIAL MATTERS - PRESENTATIONS - None
POSTPONEMENTS - None
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
James acknowledged Mr. Matt Cohen, a student at Kennedy Junior High School. She explained
that he was very interested in City government and, although he was very ill at the time, she
hoped his health would improve very quickly and that he would be able to come to the City
Council and Planning Commission meetings in the future.
CONSENT CALENDAR
Burnett moved to adopt the items on the Consent Calendar as presented, with the exception of
item Nos. 6(a) and 14 which were removed for discussion. James seconded and the motion
carried unanimously.
1. Resolution No. 98-103: Accounts Payable, April 17, 1998.
2. Resolution No. 98-104: Accounts Payable, April 24, 1998.
3. Resolution No. 98-105: Payroll, April 17, 1998.
4. Monthly Treasurer's and Budget Report- March 1998.
May 4, 1998 Cupertino City Council Page
5. Minutes of regular adjourned meet'mg of April 20, 1998.
6. Review of applications for Alcoholic Beverage Control licenses:
Co) Porridge Place, 20869 N. Wolfe Road.
7. Resolution No. 98-106: Making determinations and approving the reorganization of
territory designated "Judy Avenue 98-01", approximately 0.861 acre located on the south
side of Stevens Creek Boulevard between Judy Avenue and Bret Avenue; Robinson Oil
Co., and Cheng (APNs 375-11-072, -013, -014).
8. Resolution No. 98-107: Making determinations and approving the reorganization of
territory designated "San Fernando Court 98-02", approximately 0.822 acre located on
the north side of San Femando Court between San Femando Court and San Ferpando
Avenue; Cheung (APN 375-12-006).
9. AccePtance of city projects performed under contract:
(a) Miller Avenue/Phil Lane Traffic Signal Modification; Creekside Park, Project
96-9208-Ross Recreation Equipment (playground equipment only).
Co) Creekside Park, Project No. 96-9208.
(c) Cupertino Classics, L. P., Torte Avenue (24 homes).
10. Resolution No. 98-108: Authorizing execution of second amendment to agreement for a
countywide AB939 implementation fee between the County of Santa Clara and the City
of Cupertino.
11. Acceptance of municipal improvements: Liang Lee, 21818 Lomita Ave., Tomki Court
Partners, Ltd., 10911 South Stelling Road ~ Route 85 (7702, 7718, 7726 Tomki Court).
12. Resolution No. 98-109: Approving agreement with Paul and Barbara Weiss for
reimbursement of costs of improvements and convenant running with the land in order to
allow on-street parking in front of Anderson Chevrolet, Stevens Creek Boulevard, and
Stelling Road.
May 4, 1998 Cupertino City Council Page 3
13. Resolution No. 98-110: Approving Change Order No. 13 for Creekside Park
Improvement, Project 96-9208.
Vote Councilmembers
Ayes: BurneR, Chang, Dean, James, and Statton
Noes: None.
Absent: None.
Abstain: None.
ITEMS REMOVED FROM THE CONSENT CALENDAR -
6. Review of applications for Alcoholic Beverage Control licenses:
(a) PJ Mulligan's, 19979 Stevens Creek Blvd.
James said she was concerned about past problems at PJ Mulligan's, such as serving
minors, which resulted in additional restrictions, and then later there was nude mud-
wrestling. She asked if the restrictions are transferred with the license. Cowan said that
it is a transfer and the Alcohol Beverage Control Agency is responsible to make sure that
the licensee is qualified. It is the city's responsibility to review it in regard to zoning but
_ it does not have use permit control over the facility. The City worked with ABC to
condition a special license, and the adult entertainment issues are covered under the city's
adult entertainment ordinance.
James moved approval for the ABC license for PJ Mulligan's. Dean seconded and the
motion carried 5-0.
14. Resolution No. 98-111: Approve agreement with Pentamation for Finance/Human
resources software and services.
Dean said that Council just got the Pentamafion contract and they should have more time
to review it. The City Attorney said that he had reviewed the contract for legal content
and had made some changes. The City Manager explained that the Administrative
Services Director would be present later in the meeting. Council concurred to disenss
this item at the end of the agenda.
PUBLIC HEARINGS
15. Appeal of Planning Commission denial of Application 14-U-97, Ji Mai Chert
(applicant/appellant). The application is for a use pe~afit to construct a second story
addition to an existing residence at 10580 John Way.
Community Development Director Bob Cowan reviewed the staff report. He explained
that the Planning Commission evaluated this application based upon the fmdings
May l !)ll upertlno City Coundl Page
specified in the R-10) zone, which includes consideration of how the project would
affect privacy impacts, shadowing, and intrusive noise. It is a relatively large addition so
the house would have a total of five bedrooms and a den with some other spaces that are
unspecified. He reviewed elevations and a diagram showing the pattern of shadowing.
Staff felt that there was quite a bit of space in the top-level, and there should be some
compromise between the objectives of the neighbors, who desire no addition at all, and
the applicant's needs. However, there seemed to be little flexibility on the part of the
applicant so the Planning Commission recommended denial. Cowan explained that this
neighborhood is zoned R-l(i) which means there is a one story limitation, with the ability
for a property owner to file for a conditional use permit to seek a second story addition.
Kilian reviewed the findings necessary to allow the approval of a permit.
Ms. Ji Mai Chen, applicant, said that her original architect had resigned and she had hired
a new one. She received new drawings on Friday, May 1, and asked that Council review
those instead of the plans that were in the packet.
Kilian said that if the applicant wishes to submit new drawings, it needed to go back
through the Planning Commission.
Ms. Chen said that these new drawings reflected a reduction in space on the second floor
and minor changes to the outside of the building. She said that when the Planning
_ Commission denied her application planning staff recommended that she appeal that
decision to the City Council.
Dean referred to some photographs of Tressler Avenue that illustrated a similar situation
of large homes being bnilt in an established neighborhood. The Council is fmding that
when additions are made, there are some that just don't fit the neighborhood. He said it is
good that Ms. Chen is now willing to make changes as recommended by staff and
Planning Commission.
Ms. Chen said she did meet with her neighbors and share the plans with them and asked
for their input. Neighbors immediately surrounding her house had no objection to the
second-story addition.
Discussion followed regarding the appropriate steps for Ms. Chen to follow, and whether
the city council wished to provide input at this point in the process. Brown said that,
although the council tried to help the applicant and would like to provide some informal
feedback, that would be doing the process an injustice. The neighbors have a right to
review and comment on these drawings as well, and if they don't have an opportunity for
that their reaction may not be AS positive as it could be.
May 4, 1998 Cupertino City Council Page
Kilian said that there's a law which would allow the item to go back to the Planning
Commission as a report on the new plans. The final decision can be made by either the
Planning Commission or City Council, but it is quicker because no legal notices are
required. Cowan said that it could probably heard at the Planning Commission on May 25
and come back to Council on June 1.
Mr. Voyle McFarland, 10567 John Way, said this is not a racial issue, and in fact 50
percent of the owners that signed the petition are Asian. When the neighborhood
circulated the petition for single story zoning they did not understand the built-in exit that
is possible through a conditional use permit, so it's hard for them to compromise on a
second story. Mr. McFarland said he met with the applicant but she has not reacted to
any of his suggestions as far as scaling back the addition.
Mrs. Mabel McFarland, 10567 John Way, said that for over a year they have been
objecting to this large second-story addition. This is beyond a family dynamics
consideration, and is about their street, their neighborhood, and their city. Privacy,
shadowing, cohesiveness, harmony, compatibility, scale, none of these apply to their
neighborhood which is one story. The neighbors have suggested that a second wing be
built for her mother, which is feasible on lots of this size. She urged Council to uphold
the R-10) zone, which was requested by all of the resident owners.
Mr. Berk Simonds, 1171 S. Stelling Rd., said that after seeing the proposed elevations, he
felt the addition would fit fairly well in the neighborhood in terms of architecture. There
are two-story houses mixed throughout single-family neighborhoods throughout the
entire area. The applicant did seem willing to make changes, and had changed the roof
material and siding to match the existing style in the neighborhood. He noted there was
already a two-story addition on John Way and its architecture does not blend as well as
what Ms. Chert is proposing. Also, the shadow east from this addition would not affect
the neighbors. Mr. Simonds felt if the applicant was willing to make some changes in the
floor plan, she should be able to build the house as she wishes.
Mr. Joe Van Epps, 10525 John Way, said the applicant had changed her mind several
times and submitted the plans late. She had said she wanted a "hideaway" when she first
began the process, but when she came in with her plans it was for a 3,000 square foot
addition that didn't match that neighborhood at all. Apparently her architect doesn't
understand the process.
Mrs. Samantha Van Epps, 10525 John Way, said this is not the first nor the last
neighborhood to establish single-story zoning. The applicant knew this zoning was in
progress last June and had ample time to get her second-story addition started. She did
not do it, and now it was too late. Mrs. Van Epps said the neighbors on either side do not
want a second-story home next to them. One of those neighbors had said" if the city is
- going to let you build a second-story, it doesn't matter to me what size it is," but he did
not want a second story. The applicant was not willing to compromise on the size of the
May ,{, 1{){)~ upert o City Council Page
-- second story until the Planning Commission turned her down. Also, the applicant has
never resided at her house on John Way and it needs maintenance. The code enforcement
department has received complaints about the way the property was maintained.
Mr. Garold Pugh, 11360 S. Stelling Rd., felt that the applicant has been trying to
cooperate and he believed the addition to this home would bring up the property values.
He felt she bought the house with certain expectations and has the right to build her home
pursuant to the codes that existed when she bought the property. Mr. Pugh said that the
city has given at least one second-story permit, because his home is next to the 65-ft. St.
Andrews Armenian Church, which was granted a special variance to build onto the
residential home. He has a 75% shadow cast over his yard, there's a lot of noise, and the
parking has been mined for the neighborhood.
James moved to refer this item to the Planning Commission for a report on the new plans.
Dean seconded, and the motion carried 5-0.
The City Attorney indicated that the neighborhood will not receive additional notice of
this heating. Neighbors can call for the next heating date or write a letter to the Planning
Department and ask to be placed on a specific mailing list.
PLANNING APPLICATIONS
16. Modification of the Development Intensity Manual regarding amenity space.
Community Development Director Bob Cowan reviewed the staff report and said that
recent applications before the Planning Commission have raised issues regarding the
definition of amenity space. Two particular concerns were discussed by the Commission,
including the type of space that should be designated and the circumstances under which
is should be designated. The Planning Commission recommended reducing the type of
spaces previously excluded from floor area, such as lobbies, auditoriums, and break
rooms; creating a specific list of eligible spaces; and applying the policy only to new
construction, except for relocating existing amenity space.
Mr. Ed Stellingsma, Corporate Amhitect and Senior Project Manager for Apple
Computer, said that if the council approves the change in definition of amenity space,
Apple and the business community would be severely impacted. For example, when their
application was postponed until the Planning Commission developed the definition of
amenity space, it resulted in their being able to transfer only 5,000 square feet of amenity
space instead of over 11,000 square feet. Mr. Stellingsma said the transfer would not
increase the number of employees at this complex. Apple proposes to exchange the
11,000 sq~are feet of amenity space for undesignated but usable amenity space on the
R&D campus. They will provide 11,000 square feet of this space and record it as
amenity space, and make a commitment to the city in writing that they will never use that
space.
May 4, 1998 Cupertino City Council Page 7
Mr. Bob Peacock, Vice President of Real Estate, Construction, and Facilities for Apple
Computer, said he was concerned that this def'mition change would affect every company
in Cupertino. He felt more input was needed fi'om the business community to determine
what should be included in the definition of amenity space.
Cowan explained that when this item first went to the Planning Commission their original
intent was to make only a minor change to the definition of amenity space, so other
businesses were not notified. Then Commission's recommendation was more severe than
was anticipated.
The Councilmembers concurred that it would be appropriate to solicit additional input
from the business community.
Statton moved to refer this matter to an ad hoc committee consisting of himself and
Bumett, as well as two members of the Planning Commission, who will meet with invite
comments from representatives of all of the large companies in the city as well as the
Chamber of Commerce. There will be one to two meetings of the ad hoc committee,
which will then report their recommendations to the Planning Commission. James
seconded and the motion carried 5-0. Statton suggested that Andrea Harris be one of the
Planning Commissioners on the ad hoc committee, if she is available.
_ 17. Application 11-U-90(M) Apple Computer, 4 Infinite Loop, Use p¢imit modification to
convert 11,261 square feet of amenity space to office space in exchange for 11,261 square
feet of undesignated amenity space in existing buildings. Enviwnmental detemdnation:
Categorically Exempt. Recommended for Approval.
Community Development Director Bob Cowan reviewed the staff report. He said that at
the March 9 commission meeting staff recommended that the Apple request be approved,
since re-designating existing space was consistent with the previous Honeywell/Measurex
approval. However, the Commission recommended changing the policy and definition of
amenity space, and wanted to apply that new policy to Apple's application.
Mr. Ed Stellingsma, Corporate Architect and Senior Project Manager for Apple
Computer, said their initial request was to exchange 11,261 sqnare feet of amenity space
for the same amount of un-designated amenity space on the R&D campus. At the time
they made the submittal, the Planning Commission and staff were using the old definition
of amenity space. Now that the new definition is not in effect, he would like to have their
initial request approved.
Statton said that Apple's conversion of library space to amenity space would not involve
any changes to the exterior. Their car trips per employee remains lower than anticipated
and they have retained a fairly strong traffic demand mitigation. He moved to allow the
conversion of 11,261 square feet of amenity space in exchange for 11,261 square feet of a
· - designated amenity space.
May 4, 19911 Cupertino City Council Page 8
James seconded the motion. She said that Apple had done an admirable job trying to
address the needs of the community and the requests of the city. She objected to
changing the rules in midstream, since the local corporations did not even get a chance to
review the new rules regarding amenity space.
Burner agreed and said that Apple had not oniy done a good job in reducing the number
of trips but they also have low employee density. It made sense to convert the library
into something that is useful for their business.
Cowan pointed out that there is a model resolution on page 174 that can be modified to
correct Council's position.
Burner moved to grant a Negative Declaration. James seconded and the motion carried
5,0.
Statton modified his motion to approve the application per Planning Commission
Resolution No. 4912, amended to delete from Section III, Paragraph 1, Approved
Exhibits, the words %vhich is consistent with the new definition of amenity space, as
Shown in Exhibit 1." James seconded and the motion carried 5-0.
Cowan said that staff will work with the applicant to identify a 1:1 conversion of space.
Statton said that when the Apple campus was built there was a commitment by the
company to allow community use of the amenity space, such as the auditorium. He asked
if that arrangement was still in effect. Mr. Stellingsma said they will continue to make
the auditorium available whenever possible, usually in the evening, and they can also
make other rooms available when requested by the city or other groups.
UNFINISHED BUSINESS - None
NEW BUSINESS
18. One-year review of sign ordinance changes made in April, 1997.
Since there was a closed session regarding this topic, it was deferred until the other
agenda items had been addressed.
19. Review of bids and award of contract for Pavement Restoration, Project 98-103.
Public Works Director Bert Viskovich reviewed the staff report.
Burner moved to award the project to O'Orady Paving, Inc., in the amount of
$91,950.00, based upon the lowest bid submitted. James seconded and the motion carded
5-0.
May 4, 1991t Cupertino City Council Page 9
20. Review of Campaign Reform Ordinance No. 1757.
City Clerk Kimberly Smith reviewed the staff reports and provided background
infomiation on campaign refomx Proposition 208, which limited contributions to $100
and restricted fund-raising activities to the period of six months prior to the election
through 90 days after the election. Council adopted an additional campaign reform
Ordinance No. 1757. It cut off fund-raising activities two weeks prior to the election,
required disclosure of donor information for contributions over fifty dollars, and
established a review and enforcement process using an outside auditor and an
administrative hearing judge. She explained that these provisions were intended to
provide an opportunity to infomi the public about third-party f'mancial support for
candidates prior to the election.
Smith reviewed the staff recommendations and explained that all candidates had also
been invited to submit their comments and suggestions. Those comments were
summarized in the chart on page 3 of the report which should be amended to add Andrea
Hards's support for increasing the disclosure trigger from $50 to $100.
She explained at this time the Fair Political Practices Commission is barred from
enforcing Proposition 208 as a result of the ruling by U.S. District Court Judge Karlton.
Dean said that the purpose of this ordinance was to create some checks and balances on
the campaign so that no one could dominate it by having an unfair advantage to sources
of funds. He said changing the disclosure trigger from $50 to $100 would not be a
problem. He said the intent is to keep the politics "small-time", to keep things simple and
low-key.
Statton said he was in favor of all of staffs rccornmendations. He still felt very
uncomfortable allowing independent expenditure committees to conduct fund-raising
after the election when it is limited for candidates. Kilian said that independent
expenditure committees may be loopholes for candidates to avoid the restrictions placed
in Cupertino's Ordinance. However, if there is a tree grassroots committee which is
getting formed late because the topic has just now piqued their interest, then they may not
be able to participate at all. Candidates and their comrolled committees know the roles
going in because they must register with the city clerk.
Bumett agreed that could be a real potential problem. If one of those committees were to
fom~ and oppose the candidate at the last-minute, if the candidate were unable to raise
funds he would be helpless.
James said she was in favor of the $1 O0 contribution limitation but encouraged Council to
change the disclosure trigger from $50 to $100 to eliminate the need to file two
She had a concern that candidates are forced to stop fund-raising prior to the election
.... except for the candidate who can spend his own funds throughout the process, which puts
the others at a very big disadvantage. She also suggested that candidates be warned at the
May 4, 1998 Cupertino City Council Page 10
-- very beginning to make sure to their constituents understand that there is a deadline for
donations. James said she was also in favor of adopting a voluntary spending limit for
the 1999 election.
Chang agreed it was good to have an idea about who was funding the campaigns early on.
He was in favor of changing the process so there was less red tape and fewer costs to the
city. He supported the staffs recommendation.
Kilian said that the ninth circuit court of appeals may decide that the Fair Political
Practices Act, which limits local election contributions to $100 per person, per candidate,
is unconstitutional, just as the lower court had done. If that happens then the Cupertino
ordinance would be tested. Since the next Cupertino Council election will be in
November of 1999, Kilian suggested that Council adopt the modest staff
recommendations that this time and then review the ordinance again in March of next
year.
Burner suggested that the ordinance be amended to set the same cut off time for
candidate and independent expenditure committee fund-raising, after the election. He felt
that would level the playing field.
Dean said that he was adamantly opposed to that suggestion since the intention was to get
_ full disclosure of funding sources prior to the election.
James moved to approve the staff recommendation and to direct staff to bring the
ordinance back for further review in March 1999. At that time Council will also consider
adopting another resolution setting a limit for voluntary expenditures. Burnett seconded
and the motion carried 5-0. The staff recommendation was as follows:
· Amend the definition of "contribution" to clarify that it does not include a
candidate's personal funds.
· Amend the deadlines to specify 5:00 p.m. as the deadline for filing all required
documents, whether FPPC or Cupertino forms, and to specify that they must be
filed in person (faxes and postmarks are not sufficient).
· Delete the requirement to disclose information about the contributor (name,
address, and employer) for contributions over $50 and revert to current state law
which requires disclosure for contributions over $99.
14. Resolution No. 98-111: Approve agreement with Pentamation for Finance/Human
resources sof~ware and services.
Administrative Services Director Carol Atwood explained that the agreement had just
- been received at City Hall on Friday afternoon, and it had been reviewed by the City
May 4, 1/)/)/~ Cupert/no City Council Page 11
Attorney. If Council desired more time for review of the agree~ent, which they had just
received, the only consequence would be a possible delay in the implementation by a
couple of months, since other cities were also entering into agreements with Pentamafion
for similar services.
Bumett moved to continue this item to the regular adjourned meeting of Council on May
15. James seconded and the motion carried 5-0.
ORDINANCES
21. Second reading and enactment of Ordinance No. 1784: "An Ordinance of the City of
Cupertino Amending Title 19 of the Cupertino Municipal Code for the Purpose of
Conforming the Provisions of the Code to the Requirements of State and Federal law,
Conforming the Provisions of the Code to be Consistent With Present City Practices,
Eliminating Redundant and Obsolete Pwvisions, Clarifying Old Provisions With New
Language, and Consolidating and Streamlining Various Provisions."
The City Clerk read the title of the ordinance. Bumett moved and James seconded to read
thc ordinance by title only, and that the City Clerk's reading would constitute the second
reading thereof. Motion carried 5-0.
Burner moved and James seconded to enact Ordinance No. 1784. Motion carried 5-0.
STAFF REPORTS
City Manager Donald Brown ~ported on two events. He acknowledged Steve Dowling and his
staff, particularly Mike O'Dowd and Sackie Stone from Blackberry Farm for a wonderful
Cupertino Day on Saturday, which was the annual "open house" event at Blackberry Farm. He
also announced that this Tuesday would be the graduation ceremony for the Sheriffs Team
Academy.
Bwwn reviewed the recommendations of the Legislative Review Committee, as follows, and
reported on the status of the attempt to take away vehicle license fees from the cities, which
legislators Sher and Vasconcellos are actively opposing.
· Oppose SB 1388 (If. night), eminent domain;
· Oppose AB 2065 (Cardenas), business license/home based
· Oppose AB2525 (Bustamante) eliminating commercial weight fees for some trucks.
· Support AB 1656 (Ducheny), return of property tax.
· Direct staff to talk to League of California Cities staff about why they might want to support
instead of oppose SB 1651 (Polanco), leaf blowers.
Statton moved to approve the actions recommended by the committee. Bumett seconded and the
motion carded 5-0.
May ~t, l OOg Cupertino City Council Page 12
COUNCIL REPORTS
James reported on the successful employees' recognition luncheon which she had
attended. The Chen'y Blossom Festival was also well attended. She attended the
Cupertino-Fremont PTA end-of-the-year dance and they were very honored to be
receiving a CREST award this year. She attended the opening of the new Monta Vista fire
station, represented the city in painting the transitional housing units which Cupertino
Community Services has, and she attended a meeting of the Teen Task Force. She also
complemented human resources officer Bill Woska on his training session regarding
ethics.
Bumett reported that the North Central and North West Flood Control Districts are
meeting monthly this year, and there is the prospect of the money running out in the year
2000 combined with problems created by El Nino weather. He took a hike down the
local creek and there is some severe erosion.
Dean reported that Ms. Joanne Laird from Monta Vista High School was selected as the
top Assistant Principal in the United States and he suggested that the Mayor present her
with a commendation for this accomplishment. Council concurred.
Statton thanked Mayor Chang and the Library Commission for meeting with him
repeatedly on the issue of the Intemet and pomography at the library. The Joint Powers
Authority has decided to put at least a temporary filter on the children's computers and no
filtering on the adult computers. When Windows NT becomes commonplace there may
be other options available.
Chang said he represented the City at a number of events this week from the Cupertino
Historical Society's new exhibit to the Pow-Wow at DeAnza College. He discussed the
upcoming visit to the Sister City of Toyokawa, Japan, and gave a phone number for
people who are interested in traveling as part of the delegation.
CLOSED SESSION
At 9:05 p.m. Council convened to a closed session to discuss potential exposure to
litigation pursuant to Government Code Section 54956.9Co), related to Candidates'
Outdoor Graphic Services, Inc. (COGS). Council reconvened in open session at 9:39
p.m.
NEW BUSINESS (continued)
18. One-year review of sign ordinance changes made in April, 1997.
The City Attorney announced that Council had met regarding prospective litigation,
which involved the ordinance with respect to temporary political signs.
, ~ /~ay ,~, 1 ~)~)~ Cupertlno City Council Page
Burnett moved to retain thc prohibition of all temporary signs on public property and
public right of way. Dean seconded.
James said her concern was that they cannot differentiate between one sign and the next.
There are some issues about blight, but some businesses that have traditionally used
temporary signs will be affected by the sign ordinance, and she was having difficulty
balancing the rights of private property owners and businesses.
Statton agreed with her comments. He said that some of the businesses adversely
affected would be the local fairs and festivals and the real estate businesses that rely upon
public signage. However, he understood the current court cases.
Chang said there was already an ordinance in place, and because of the way the courts are
ruling, it does not give the Council a lot of choice.
The motion carried 3-2, with Statton and James voting no.
Dean moved to amend the ordinance to include both temporary political signs and
temporary commercial signs that deal with events, with the requirement that removal
occur a certain time after the election or event; and that the time be reduced from 10 days
to 5 days after the election or event. Burnett seconded and the motion carried 5-0.
Dean moved to amend the ordinance to allow for the permission of temporary signs on
private property to be either oral or written, instead of just written. Bumett seconded and
the motion carded 5-0.
Dean moved to delete the durational rule which said that temporary political signs could
not be posted on private property earlier than 60 days before the election. Bumett
seconded and the motion carried 5-0.
Kilian said he would return to Council with other minor changes to the ordinance
which deal with the most recent case law concerning the exemptions for
temporary signs.
ADJOURNMENT
At 9:43 p.m. the meeting was adjourned to Friday, May 15, 1998, for Quarterly Workshop with
City Manager. The meeting will be held at the Blackberry Farm Retreat Center, 21975 San
Fernando Avenue from noon to 5:00 p.m.
City Clerk