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CC 01-05-98 Cupertino City Council Regular Meeting January 5, 1998 PLEDGE O1~ 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 BurneR, Sandy James, and John Statton. Council members absent: None. Staffpresent: City Manager Don Brown; City Clerk Kimberly Smith; City Attorney Charles Kilian; Administrative Services Director Carol Atwood; 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 Burner moved and Statton seconded to continue item No. 35, TCI Cablevision, to the meeting of January 20 at the request of the applicant. The motion carried 5-0. Statton moved that a meeting be arranged between TCI Cablevision, Council members Statton and Dean, and staff to discuss the reasons for the delay in construction. Dean seconded and the motion carried 5-0. IVItlTTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Mr. Robert Levy, 10802 Wilkinson Avenue, said he was still annoyed about the lease of the City water utility because the desires of all who spoke at the meeting were ignored. He was concerned that Council members who voted for the lease believed the need of the majority negated the needs and desires of a third of the City's citizens. Mr. Levy said he intended to pursue the matter through the courts and asked for the legal names and addresses of those who received his bill. Mr. Levy said that statements made on this matter imply that the city is profiting from the contingency fee as well as the money that will be paid in over the next 25 years by the residents. He is now boycotting any businesses in the city which collect sales taxes. The City Manager said that Mr. Levy's claim had been referred to the City's insurance carrier but no response has yet been received. -' Sanuary S, 199/1 /2upertlno/21ty Council Pa~e :l CONSENT CALENDAR Dean moved to approve the items on the Consent Calendar as presented. Burnett seconded and the motion carried 5-0. 1. Resolution No. 98-001: Accounts Payable, November 28, 1997. 2. Resolution No. 98-002: Accounts Payable, December 5, 1997. 3. Resolution No. 98-003: Accounts Payable, December 12, 1997. 4. Resolution No. 98-004: Payroll, November28, 1997. 5. Resolution No. 98-005: Payroll, December 12, 1997. 6. Resolution No. 98-006: Setting date for consideration of annexing area designated "Lomita Avenue 97-15", property located on the south side of Lomita Avenue between Imperial Avenue and Pasadena Avenue; approximately 0.132 acre, Chang (APN 357-18- 005). 7. Resolution No. 98-007: Making deteiminations and approving the reorganization of territory designated "Byme Avenue 97-06", approximately 0.265 acre located on the west side of Byrne Avenue between Almaden Avenue and Lomita Avenue; H/urns (APN 357- 11-016). 8. Monthly Treasurer's and Budget Report - November 1997. 9. Minutes of the regular meeting of November 3, special meeting of November 20, 1997, and regular meeting of December 1, 1997. 10. Approval of recommendation from Telecommunications Commission to award 1997-98 educational grants. 11. Amended resolutions correcting a procedural error to include the detachment of properties from the County Lighting Service Assessment District. Resolution No. 98-008: Rescinding Resolution No. 9955, making dete,,,dnation and approving the reorganization of territory designated "Almaden Avenue 97-01:, approximately 0.228 acre located on the north side of Almaden Avenue between Lomita Avenue and San Femando Avenue; Chang (APN 357-15-021). Resolution No. 98-009: Rescinding Resolution No. 9968, making detemiinations and - approving the reorganization of territory designated "Byme Avenue 97-03", approximately 0.209 acre located on the east side of Byrne Avenue between Granada Avenue and Hermosa Avenue; Lee, Liong, Wang (APN 357-16-021). Resolution No. 98-010: Rescinding Resolution No. 9954, making det~Lufixtations and approving the reorganization of territory designated "Byme Avenue 97-08, approximately 0.234 acre located on the west side of Byme Avenue between Dolores Avenue and Alcazar Avenue; Carter (APN 357-11-032). Resolution No. 98-011: Rescinding Resolution No. 9969 and making determinations and approving the reorgani~fion of territory designated "Alcazar Avenue 97-10", approximately 0.183 acre located on the south side of Alcazar Avenue between Orange Avenue and Imperial Avenue; Kang (KC&S Investment, LLC) (APN 357-19-013). 12. Resolution No. 98-012: Declaring intent to conduct a public hearing concerning a nuisance on Parcel 366-11-045, 7526 Rainbow Drive, a large amount of debris/trash and discarded items stored in the rear yard and an inoperative/uuregistered vehicle (Green Datsun pickup) full of debris in driveway. 13. Review of application for Alcoholic Beverage Control license for Southland Taste Restaurant, 10825 N. Wolfe Rd., #220. 14. Resolution No. 98-013: Approving the 1997-98 Citizens Option for Public Safety (COPS) 15. Resolution No. 98-014: Authorizing renewal of Tennis Instruction Agreement with Lifetime Tennis at the Cupertino Sports Center. 16. Request from Cupertino High School Football Boosters for fee waiver for use of the Qulnlan Center for anmm! football awards banquet. 17. Resolution No. 98-015: Approving Contract Change Order No. 1 for Slurry Seal Project No. 97-102. 18. Resolution No. 98-016: Approving Contract Change Order No. 9 for Creekside Park Improvement, Project No. 96-9208. 19. Acceptance of city project perfo,xxed under contract: Slurry Seal Project No. 97-102 (Valley Slurry Seal Co.) 20. Resolution No. 98-017: Authorizing execution of Joint Use Agreement between Santa Clara Valley Water District and City of Cupertino for the pathway at Creekside Park. 21. Resolution No. 98-018: Granting an easement deed to the Santa Clam Valley Water District for ingress and egress purposes at Creekside Park. 22. Acceptance of municipal improvements: Tract Nos. 8325, 8686, 8687, 8831 (Portofmo/Corsica Projects) · ' lan,,ary :~, I{){)g Cupertino City Council Page 23. Resolution No. 98-019: Authorizing execution of agreement with KC & 3 Inve~huent, LLC, a California Limited Liability Company, 21720 Alcazar Avenue, APN 357-19-013. 24. Resolution No. 98-020: Accepting quitclaim deed and authoriT,.ation for underground water rights f~m K C & J Investment, LLC a California Limited Liability Company; 21720 AlcsTar Avenue, APN 357-19-013. 25. Resolution No. 98-021: Authorizing execution of agreement with Lisa Wang; 10171 Carlalno Vista Drive, APN 342-14-086. 26. Resolution No. 98-022: Accepting quitclaim deed and authori:,ation for underground water rights from Lisa Lei Wang, 10170 Camino Vista Drive, APN 342-14-086. 27. Resolution No. 98-023: Accepting grant of easement for roadway purposes from Krishna Kiclambi and Jyothinnayi Kidambi; 21844 Hermosa Avenue, APN 357-16-053. 28. Resolution No. 98-024: Setting date for consideration of reorganization of "Orange Avenue 97-13", located on the west side of Orange Avenue between San Fenmndo Avenue and Almaden Avenue; approximately 0.115 acre, Chou, APN 357-15-036. 29. Request from the Santa Clara County Emergency Preparedness Council (EPC) for endorsement of recommendation that EPC be designated as the Santa Clara County Operational Area Council (OAC). Vote Councilmembers Ayes: Bumett, Chang, Dean, James, and Statton Noes: None. Absent: None. Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR - None PUBLIC HEARINGS 30. Williamson Act cancellation, Diocese. (a) Resolution No. 10024: Making certain findings required by the California Environmental Quality Act in connection with the cancellation of a Williamson Act contract relating to real property and adopting a negativc declaration, Thc Roman Catholic Bishop of San Jose. -- (b) Resolution No. 10025: Certifying to the County Auditor of Santa Clara County the amount of cancellation fees to be paid upon cancellation of a land conservation contract; giving tentative approval to cancellation; prescribing conditions upon which this resolution will be effective; directing the clerk to -' January 5, 199g Cupertino City Council Page record a certificate relating to cancellation fee when resolution is effective; requiring payment in full of cancellation fee prior to the cancellation becoming effective; and prescribing other conditions in connection therewith, The Roman Catholic Bishop of San Jose. The Community Development Director reviewed the staff report. Chang opened the public hearing. No comments were received and the public hearing was closed. Sames moved to grant a Negative Declaration. Bumett seconded and the motion carried 5-0. James moved to adopt Resolution Nos. 10024 and 10025. Burnett seconded and the motion carried 5-0. 31. Public hearing to consider an appeal of Planning Commission approval of Application 12-EXC-97 - Q-Lube, Sign Exception to allow 2 wall signs and to exceed the allowed wall sign height on an approved commercial building in accordance with Chapter 17.04 of the Cupertino Municipal Code. Located at 19480 Stevens Creek Boulevard. (Council member Don Bumett, appellant). Community Development Director Cowan reviewed the staff report. Bumett said he appealed this because it is a major thoroughfare and they must be careful and consistent about signage. He felt it was appropriate for Council to review this in terms of size and appearance. Chang opened the public hearing. Mr. Stephen Couithard, AMCO Sign Company, said the original sign had a 36" high letter Q on the Q-Lube sign. The compromise reached at the Planning Commission was to have just one sign. The letter Q will be 30" and the word Lube will be 12" high. Bumett moved to authorize a sign with a 24" letter Q and 12" or smaller word Lube. The motion failed for lack ora second. Dean moved to authorize a size with a 30" Q and 12" Lube. James seconded and the motion carried 4-1 with Bumett voting no. 32. Public hearing to consider an appeal of Planning Commission approval of Application 13-EXC-97, Cupertino Village Assoc. - Sign Exception to allow 2 wall signs in accordance with Chapter 17.04 of the Cupertino Municipal Code. Located at 10945 North Wolfe Road. (Council member Don Bumett, appellant). Community Development Director Cowan reviewed the staff report and explained the Planning Commission's recommendation was to allow a second wall sign only if another tenant did not go into that location. There is already a monument sign in place. Dean said he was more concerned about the number of banner signs which he had seen on the comer of this shopping center over the last year. Bumett said one reason for his -- appeal was that the project left the Planning Commission in an unsettled position, but now it has been dete~,L,ined there will be another tenant in that area it is no longer an issue. -' J'an-ary :~, I{)Ol Cupertino City Council Page Chang opened the public hearing. No comments were received and the public hearing was closed. Burner moved to support the Planning Commission recommendation to allow only one wail sign. Motion failed for lack of a second. Dean moved to grant the request for a second wall sign, and Chang seconded. Chang noted that for someone coming from inside the mail, the monument sign is not visible and another wall sign would be appropriate. Discussion followed regarding the need for consistency in the sign ordinance, and that a second wall sign had not been ailowed in item No. 31 because it also had a monument sign. Dean said that he had thought they were planning to withdraw the monument sign. Since that was not the case, he withdrew the motion and Chang concurred. Burner moved to sustain the Planning Commission recommendation to deny the second wall sign since there is a tenant on the side of the building in question. James seconded and the motion carried 5-0. 33. Public hearing to consider an appeal of Planning Commission approval of Applications 10-U-97 and 27-EA-97, Chevron Service Station - Use pe. oiit to demolish an existing service station and build a new one, including modifications to the site plan. Located at 10023 De Pw?a Boulevard. (Council member Don Burnett, appellant). Community Development Director Cowan reviewed the staff report. Chang opened the public hearing. Burner said that he felt this was a very important corner and his primary reason for the appeal was to sort out what the proposal would look like. He felt Council should have the same opportunity before ailowing this project, which will be a major feature of the community for years to come. Burner felt the market is right for this to be a gas station and mini-mart. He had objected to the design, but the final result was pleasing. He aiso expressed concern about the amount of growth space for the trees.. Mr. Kevin Cornell, representing Chevron Products Company, explained that there were three components creating the need for a remodel. The first is that Chevron is getting out of the service bay business, but there is a tremendous need for a secondary business in conjunction with gasoline sales. Chevron has chosen to offer a wide array of convenience products at a convenience market, which is the reason for the larger size of this station. Secondly, the current layout of the site is inefficient and the remodel will provide better access. And finally, the federal underground tank regulations come into effect at the end of 1998 and there are compliance issues associated with this site. Everything involving fueling will be brought up to or above federal standards. He noted they will be bringing a subsequent application for new signage, and a 12' x 12' area will be designated for future artwork. It may not be possible to change the sidewalk confgurafion because of underground utility vaults. · ' f, 1001 Cupertino Council Pa e ? James said that although many residents objected to having a gas station at this prominent comer, the view of law enforcement is very positive. This will be a well-lit place at a major intersection where people can go if they are in trouble or the car breaks down, since the business will be open 24 hours. James said she did not feel the signage for the market would fit with the architecture. Cornell said that Chevron wanted to call attention to the food mart so it wouldn't be viewed as a service bay or car wash. They have reduced the size of the signage at the request of the Planning Commission, and will be coming back to the Commission with a full review of the total sign package. Chevron has a long-term plan to create an identify for the stores, other than Chevron, and the food mart sign may be changed in the future. James expressed concern about approving a project where alcohol can be purchased in the food mart by drivers. She suggested that Chevron partner with local law enforcement to do pro-active work on this location to communicate to people that they should not drink and drive. This may done with signage, not selling single bottles or cans of beer, etc. Cornell said that they would be pleased to participate in such a program. It is already company policy not to sell hard liquor, or to sell iced-down single-sale beer. He suggested this program be in conjunction with their dealer, who is present everyday at the site, and then someone in the operational group at Chevron as well to team up with members of the city and county. The City Attorney suggested that Council note that this is a voluntary act on the part of Chevron, and to set up some sort of group to work out the program which would come back and report to the Council in six months on the progress of the group. He noted that the City already has an ordinance related to the concurrent sale of alcohol and gasoline. Statton said that at the economic development team meeting, one of the questions raised by the Chamber of Commerce was what is the corporate role within the community that different companies play - are they involved with community services, schools, etc.? Cornell said that Chevron contributes to many current programs throughout the Bay area, including things like United Way. He said he would research that information for City Council. Dean and Chang agreed that this is an important intersection and the project certainly merited review by the Council Statton moved to approve the project and moved that (1) An arborist be consulted to insure planting areas are sufficient for the trees, and (2) Chevron shall work with law enforcement, staff, and Councilmember James on a public education program to educate consumers about the dangers of drinking and driving. There shall be a report back on this project in six months. James seconded and the motion carried 5-0. PLANNING APPLICATIONS - None UNFINISHED BUSINESS - None NEW BUSINESS 34. Review of priorities for 1998-99 and 1999-2000 funding cycles of the Community Development Block Grant (CDBG) program. (A) Resolution No. 98-025: Adopting a Citizen Participation Plan for the 24th year (1998-1999) Community Development Block Grant (CDBG) program. Planner Vera Oil reviewed the staff report and gave background on the CDBG program. The three national objectives are to benefit low- and very-low income families and individuals; eliminate a blighted area; and address an urgent conununity need. She reviewed a list of eligible activities, and discussed the staff recommendations. Statton noted there areas in the city which may not fail into the blight category but which still need some work, such as along Miller, behind Target and behind the Cupertino Animal Hospital, etc. He said those would be good target areas to focus homing rehabilitation grants, rather than going outside of the city limits, until such time as those other areas of the county actnally come within the city of Cupertino. Gil explained that the program is currently set up to provide grants to individual homeowners who apply for them, and said that perhaps Council would wish to direct the Cupertino Housing Committee to change the target for the housing rehabilitation program to include rental '- property owners in specific areas. Dean and James were in favor of this suggestion. Burner agreed, and said that some good work had already been done in upgrading the area behind Target. He commended the Affordable Housing Committee for their efforts. Chang said he was comfortable with the priorities that had been proposed and agreed with Statton's suggestion regarding housing rehabilitation funds. Regarding the recommendation to discourage large numbers of individual public service activities, staff should exercise caution to consider ail different kinds of grants to make sure that ail segments of the population are well served. James moved to adopt the staff recommendation and reaffirm priorities for both the 1998- 99 and 1999-2000 funding cycles as recommended by staff. Statton suggested an amendment to the motion to direct the Affordable Housing Committee to target other areas in the city for improvement, such as apariments and multi-family housing, and to target areas within city limits. James and Burner accepted the amendment, and the motion carried 5-0. The staff recommendations were as follows: · Place emphasis on the development of affordable housing opportunities by giving funding priority to proposals which directly create affordable housing through new construction, acquisition, rehabilitation or the provision of emergency shelter. · In generai, discourage the funding of public service activities through the CDBG program. Instead recommend that non-profit agencies compete for funding through 1anuary s, I OOS Cuperthao City Council Page 9 the County public service pool of funding. If public service agencies are funded, award the funds to only those agencies who are not applying for County CDBG funds for the same service. · Award one grant to cover the screening and placement of eligible persons in affordable units at Chateau Cupertino as well as other affordable units as they are developed. · When appropriate, give preference to Cupertino based agencies. · Continue support of the Affordable Housing Fund and the Housing Rehabilitation Program. · Have the City Council set funding priorities every two years, unless drastic changes in the CDBG program occur. · Have the Cupertino Housing Committee review funding proposals and make recommendations to the City Council. · During the proposal review, authorize staff to automatically eliminate any funding proposals which do not meet the funding priorities as set by either Council or the Cupertino Housing Committee. Buruett moved to adopt Resolution No. 98-025 adopting a Citizen Participation Plan for the 24th year (1998-1999) Community Development Block Grant (CDBG) program. James seconded and the motion carded 5-0. 35. Request from TCI Cablevision to amend provision of franchise agreement dealing with the timeline for rebuilding cable system. (a) Resolution No. 98-026: Authorizing amendment of Section 7e, "Upgrade Schedule" of franchise agreement to allow six-month extension to complete rebuilding of system. Under "Postponements", Bumett moved and Statton seconded to continue item No. 35, TCI Cablevision, to the meeting of January 20 at the request of the applicant. The motion carded 5-0. Statton moved that a meeting be arranged between TCI Cablevision, Council members Statton and Dean, and staff to discuss the masons for the delay in construction. Dean seconded and the motion carried 5-0. 36. Review of Council committee assignments. The following appointments were made: Association of Bay Area Governments: Michael Chang and John Statton (alternate) 1anuary 5, 199g Cuper//no Cily Council Page 1D Cupertino Audit Committee: Wally Dean and Sandra James Economic Development Team: $ohn Statton, Sandra James, and Wally Dean (alternate) Environmental Review Committee: Wally Dean and Don Bumett (alternate) Joint Venture Silicon Valley- Public Sector Roundtable: Sandra James and Michael Chang (alternate) Legislative Review Committee: Michael Chang and Wally Dean North Central and Northwest Flood Control Zone Advisory Committee: Don Burner Public Dialog Liaison: Michael Chang and John Statton Santa Clara County Drug & Alcohol Board: Sandra James Santa Clara County Cities Association: $ohn Statton and Sandra James (alternate) Santa Clara County Committee on Housing and Community Block Grant program: Don Burnett and Sanclra James (alternate) Santa Clam County Emergency Medical Care Commission: to be filled as needed Santa Clam County Emergency Preparedness Commission: Wally Dean and Michael Chang (alternate) Santa Clara County Library JPA Board: John Statton and Don Burner (alternate) Santa Clara County Transportation Authority Policy Advisory Committee: Don Bumett Santa Clara Valley Water Commission: Don Burnett Sister City Committee - Toyokawa: John Statton West Valley Mayors and City Managers: Michael Chang and Wally Dean (alternate) Senior Center Expansion Committee: Don Bumett and Sandra James '- Library Expansion Committee: Don Bumett and Michael Chang Santa Clara County Solid Waste Commission: nominated Wally Dean Leadership Cupertino: Michael Chang and Sandra James 37. Selection of City Council representative and two community-at-large representatives to serve on the Senior Center Expansion Design Committee. Bumett and James were appointed as Council representatives. Kathy Nellis and Virgil Kline were appointed as community-at-large representatives. 38. Report of the Community Advisory Committee on Ames Research Center and Moffett Federal Airfield. Community Development Director Bob Cowan reviewed the staff report and said the staff recommendation was that Council endorse the position taken by the City of Sunnyvale. James said she was comfortable with the staff recommendation. Bumett agreed and said the plan puts considerable emphasis on having as many flights as possible over the bay. The Sunnyvale position would put a lot of pressure on them to operate in that manner. Dean said he was an alternate on the CAC committee, and the issue was that there was a negative deficit at Moffett of $3.5 million. It was difficult to work out something with both Mountain View and Sunnyvale, and since this is a federal government project it would probably continue to be a difficult situation, ultimately decided on a regional basis. Sanuary g OOg Cupertino City Council Page Dean said that the airport is critical and he supports its function to move defense and research materials, but he is not in favor of some of the ideas put forth by San Jose. Bumett moved mat Council endorse the Citizens Advisory Committee (CAC) report as modified, by Sunnyvale, which changes the CRAF/Air Cargo proposal from "conditionally acceptable" to "not acceptable." James seconded and the motion carried 5-0. 39. Report regarding the Cupertino Library Building Committee. Dean said that the challenge for this group will be to keep an open mind toward some more creative appwaches. James said that someone strong in technology would be very useful. Dean noted that some of the more aggressive plans in other communities have impressive structures but no people to staff it. Chang said perhaps there should be a technology subcommittee. Bumett said that library expansion may also fit in with other capital impwvement items. Public Works Director Bert Viskovich said that the first phase of the pwject will require the consultant to interview many people, including council members, to determine future needs. Council established the Library Advisory Design Committee and appointed the following: Council representatives Don Bumett and Michael Chang; Library Foundation representatives Dorothy SWw and Jill Orloff (aitemate); Friends of the Cupertino Library representative Jan Gallup; Community representative Jia-Li Lee; Library Commission representatives Jillian Hamer and alternate Charles Pow or Jean Bedord. Council also directed that staff contact Karen Bumett of Fremont Union High School District to see if she is interested in serving as the other community representative. ORDINANCES 40. Second reading and enactment of Ordinance No. 1773: "An Ordinance of the City Council of the City of Cupertino Approving Application 2-DA-97, Development Agreement Between the City of Cupertino and the O'Brien Group." The City Clerk read the title of the ordinance. Burner 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. Burnett moved and James seconded to enact Ordinance No. 1773. Motion carried 5-0. Second reading and enactment of Ordinance No. 1770: "An Ordinance of the City Council of the City of Cupertino Amending Title 19 of the Cupertino Municipal Code to Prezone Property Totaling 0.228 Acres and Located in the Cupertino Urban Service Area - at 20697 Hanford Drive (Application 10-Z-97)." 5, 100g Cuperthao City Council Page 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. Burner moved and James seconded to enact Ordinance No. 1770. Motion carried 5-0. 41. Second read~ing and enactment of Ordinance No. 1774: "An Ordinance of the City Council of the City of Cupertino Amending Title 19 of the Cupertino Municipal Code by Rezoning Approximately 212 Acres Located South of 1-280 and West of Foothill Boulevard and Rancho San Antonio County Park and Stevens Creek Boulevard from Agriculture (A), Qna.~i-Public (BQ) Zone to Planned Development/Residential (P/RES) Zone and Rezoning 145 Acres from Agriculture (A) Zone to Public Park or Recreation (PR) Zone (Application 5-Z-97)." The City Clerk read the title of the ordinance. Burner moved and James seconded to read the ordinance by rifle only, and that the City Clerk's reading would constitute the second reading thereof. Motion carded 5-0. Burner moved and James seconded to enact Ordinance No. 1774. Motion carried 5-0. 42. Second reading and enactment of Ordinance No. 1775: "An Ordinance of the City Council of the City of Cupertino Adding Section 2.04.050 to the Cupertino Municipal Code Regarding City Council Term Limits." The City Clerk read the title of the ordinsuce. Burner 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. Burner moved and James seconded to enact Ordinance No. 1775. Motion carried 5-0. 43. Second reading and enactment of Ordinance No. 1776: "An Ordinance of the City Council of the City of Cupertino Amending Title 15 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, Ellminming Redundant and Obsolete Provisions, Clarifying Old Provisions With New Language, and Consolidating and Streamlining Various Provisions." The City Clerk read the title of the ordinance. Burner 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 carded 5-0. - Burner moved and James seconded to enact Ordinance No. 1776. Motion carded 5-0. STAFF REPORTS - None January 5, 199g Cupertino City Council Page 13 COUNCIL REPORTS James reported that she represented the city at a number of law enforcement activities including the graduation of new deputies from the Sheriff's Academy. There were also graduations from the Teen Community Academy. She noted this was the third year with no deaths as a result of drinking and driving over the holidays and they attribute it to the cooperation between law enforcement agencies. She also reported that the toys project at Homestead High School is a collaboration of cities, schools, and law enforcement to provide toys for needy youngsters. Burner reported that the Santa Clara County Cities Association will be meeting this week for training on conflict resolution, and Council is invited to participate. On February 5 the Association will have a presentation by a former congressman on the topic of "Why People Don't Trust Government." CLOSED SESSION - None ADJOURNMENT At 9:10 p.m. the meeting was adjourned to Wednesday, Jan. 7, 1998, at 6:30 p.m. in Conference Room A to conduct interviews and make appointments to the City's boards, commissions and committees.