CC 01-04-99 MINUTES
Cupertino City Council, Regular Meeting
Monday, Sanuary 4, 1999
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Dean called the meeting to order in the Council Chambers, 10300 Torre
Avenue, Cupertino, California, and led the Pledge of Allegiance.
ROLL CALL
City Council members present: Mayor Wally Dean, Vice-Mayor John Statton, and Council
mvi~bers Don Burnett, Michael Chang, and Sandra James. Council members absent: None.
CEREMONIAL MATTERS - PRESENTATIONS - None
POSTPONEMENTS
Council concurred to continue Item No. 18: Deblin I, to lanuary 19, as agreed by the appellant
and applicant.
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
Mr. Wemer Gans, 1015 Lanark Court, Sunnyvale, expressed his concern about removal of
trees from The Marketplace shopping center on Stevens Creek Boulevard. He objected to the
loss of shade, health benefits, and aesthetics, and asked if Council had approved this action.
Mayor Dean said that Council had approved the changes to the parking lot and tree removal
after a public hearing. Councihnember Burner had raised similar concerns, and those were
addressed before Council took action.
Mr. Scott Capener, representing Boy Scout Troop 470, asked about the status of repairs to
Stevens Creek Boulevard. The Public Works Director explained that that San Jose Water is
replacing a water line at this time, and other work on the medians should be finished in March.
CONSENT CALENDAR
Chang moved to approve the items on the Consent Calendar as presented.' Burnett seconded
and the motion carried 5-0.
1. Accounts payable - December 4, 1998. Resolution No. 99-001.
2. Accounts payable - December 11, 1998. Resolution No. 99-002.
3. Accounts payable - December 18, 1998. Resolution No. 99-003.
1anuary 4, 1999 Cupertino City Council Page
4. Payroll - December 11, 1998. Resolution No. 99-004.
5. Minutes of the December 7 and 11, 1998, regular adjourned meeting. December 7
minutes were corrected by the City Clerk to show vote on item 16 as follows: Motion
carded 3-2 with Bumett and Stat'ton voting no.
6. Monthly Treasurer's and Budget Report- November 1998.
7. Federal-Aid Projects - Authorizing Execution of Program Supplements:
(a) Controller Upgrades-Supplement No. 002-M1 To Administering Agency-State
Master Agreement No. 04-5318 For Federal-Aid Projects Resolution 99-005.
(b) Traffic Signals-Supplement No. 003-M1 To Administering Agency-State
Master Agreement No. 04-5318 For Federal-Aid Projects, Resolution No. 99-
006.
8. Approving contract change order No. 1 for Reconstruction of Curbs, Gutters &
Sidewalks, Project No. 98-107, Tally's Enterprises - Resolution No. 99-007.
9. Acceptance of municipal improvements: Hank and Yunghwa Chang, 21907 Almaden
Avenue, APN 357-15-021.
10. Recommendation from the Telecommunications Commission for one educational grant
and one public access grant.
12. Adoption of Citizen Participation Plan Schedule for Twenty-Fourth Program Year
(1999-2000) of the Community Development Block Grant (CDBG) Program -
Resolution 99-008.
13. Fee Waivers, Parks and Recreation:
(a) Cupertino High School Football team for usage fee of the Quinlan Community
Center facility.
(b) Cupertino High School PTA for usage fee for the Quinlan Community Center.
14. Application for Alcoholic Beverage Control License - Stevens Creek Market, 10629 S.
Foothill Boulevard.
Vote Councilmembers
Ayes: Burnett, Chang, Dean, James, and Statton
Noes: None.
Absent: None.
Abstain: None.
January 4, 1999 Cupert/no City Council Page
-- ITEMS REMOVED FROM THE CONSENT CALENDAR - None
PUBLIC HEARINGS
! 5. Rancho Rineonada Annexation - Consider the levy of a storm drainage service fee for
the Rancho Rineonada area in the event of its annexation:
(a) Receive declaration of election results regarding city utility tax, general
election, November 3, 1998 - Resolution No. 99-009.
Co) Receive declaration of mail ballot results regarding storm drainage fee levy.
Resolution No. 99-011
(c) Extend an existing storm drainage service fee to the properties in the Rancho
Rinconada area - Resolution No. 99-010.
City Attorney Chuck Kilian explained that proposition 218 requires an election before
tho tax is extended, or before property related fees are put into effect. Resolution No.
99-009 receives the declaration of results regarding the city utility tax, which was
passed in November. James moved to adopt Resolution No. 99-009. Burner seconded,
and the motion carried 5-0.
The City Clerk distributed draft Resolution No. 99-011, receiving the declaration of
mail ballot results regarding this storm drainage fee levy. She stated that at this time,
there were 642 votes in favor and 209 votes opposed. This represents 851 ballots out of
1572 parcels. Kilian said that this was the last opportunity for anyone to submit or
change their ballots. Mayor Dean asked if there were questions or comments from the
public, or if anyone else wished to submit their ballot. There were no requests to
speak, or to submit or change ballots. James moved to approve Resolution No. 99-011.
Chang seconded, and the motion carried 5-0.
Kilian said that Resolution 99-010 will impose the stoali drainage service fee to the
properties in the Rancho Rinconada area, should they be annexed. Chang moved to
approve Resolution No. 99-010. Bumett seconded, and motion carried 5-0.
Kilian said that the in early February, the City Council will initiate the annexation
proceeding, which will probably occur in early March. The annexation should be
complete by the middle of Mareh, assuming that the County can send the certified
maps to the City in time.
16. Judy Chen, 7359 Rainbow Drive, APN 362-31-029, Applications 6-U-98, 6-Z-98 and
16-EA-98 - Consideration of use permit to demolish an existing apartment and
construct a 7-unit townhouse development on a .34 acre parcel and rezoning of a .34
acre parcel from P(RES 20-30) zone to P(RES 10-20) zone. Negative Declaration is
recommended, the zoning application is recommended for approval, and the use
is recommended for denial.
Sanuary 4, 1999 Cupertino City Council Page
(a) First reading of Ordinance No. 1803, "An Ordinance of the City Council of the
City of Cupertino Rezoning as .53 Gross Acre Parcel from P(Res. 20-30) to
PCRes. 10-20)."
The following items were distributed at the meeting: (1) A letter from Mare Hynes
behalf of the applicant, asking that this item be decided by the City Council; (2) A
letter from Chris Crafford, Gardenside Cimle Homeowners Association, listing their
concerns related to setbacks, drainage, building height, privacy intrusion, tree
preservation, housing prices; and lack of laundry facilities; (3) A letter from Kevin
Witt, 20618 Gardenside Circle, expressing concerns about setbacks, height,
landscaping for privacy screening, lack of street parking, and recommending the
number of units be lowered to six. Community Development Director Bob Cowan
reviewed the staff report.
Mr. Marc Hynes, representing the applicant, said that Ms. Chen has appeared before
the Planning Commission four times and has made a number of changes already. This
is a small piece of property that is the last to develop in the area, and Ms. Chen should
not be asked to mitigate problems that were created by earlier projects.
Mr. Tom Sloan, architect for the project, showed t a series of elevations that illustrated
how to the project had evolved over time. The original, more progressive design was
changed to look more eunventional. The final solution shows a dropped wail line,
articulated roof for more variety, and a stepped-dom wall on the Stevens Creek
Boulevard side. He said they plan to match the architecture and setbacks of other units
in the area. As a compromise, they propose that the 11 foot setback be increased to 12
feet, to match the setback line of the neighboring complex. He also highlighted the
changes that had been made to the landscaping plan.
Burnett noted that there was a recent problem in Santa Clara where some redwoods
were so large that they fell and created a hazard. Mr. Sloan said the purpose of these
trees would to be to screen the freeway offramp. Mr. Hynes said it would probably be
the responsibility of the homeowners association to maintain and replace the trees, but
it would be done at the cost of the homeowner who benefited from the particular tree.
Mr. Chris Crafford, president of the Gardenside Center homeowners association, said
he was speaking on behalf of 44 homeowners. One of their objections is that there
would be a 34-foot structure next to several of their units. Regarding setbacks, they
believe the property that was used as a benchmark has setbacks of 13 feet 8 inches.
Gardenside Center currently has 18-foot setbacks, and their proposed 11-foot setbacks
are unacceptable. There is not enough room for both trees a usable garden or
recreation space. He asked that they reduce the project to six units, reduce the height,
and improve the layout. Mr. Cmfford said they were also concerned about privacy and
the time it would take before the trees would provide any screening. Although the
trees may be specified in CC&Rs, it is very difficult to stop homeowners from actually
cutting them down when the trees are in their backyards.
lanuary 4, 1999 Cupertino City Council Page 5
Mr. Sonny Lundin, representing the Rose Court Homeowners Association, agreed that
the setback is actually 13 feet from the houses to the fences, and the drawing is
incorrect. The proposal would have the living room windows of each project facing
each other, and that privacy issue has not been addressed.
Mr. Kevin Witt, 20618 Gardenside Circle, said he lives in the townhouse to the north
of this project which has a setback of 19 feet. He noted that the proposed project has
an 11- foot setback, with a 1-foot cantilever design that results in a very narrow space
for a backyard environment. He felt the setbacks should match the units to the west, at
18 feet. There is also a need for dense landacaping up to Highway 85, and he would be
happy to work with the developers to identify a solution. Mr. Witt also suggested
lowering the building heights. He noted that the applicant had not contacted him and
some of his neighbors, and they did not receive notice of the project until the second
hearing before the Planning Commission.
Mr. Dick Schuster, Stendhal Lane, said he represented the Cupertino Housing
Commission. He said there are currently six 2-bedroom rental units affordable to low-
income families at $1,000 a month. If this project develops, there will be only two
affordable or moderate-income sale units instead. He disagreed with the
environmental impact report that there would not be a significant impact as a result of
· - reducing the supply of affordable housing or displacing people, since these units would
represent 5% of what was produced in the city in the last 10 years. This would also set
a precedent for replacing rental homes with for-sale units.
Ms. Grace Witt, 20618 Gardenside Circle, said this project would have 24 windows
looking directly into their back yard. She agreed with previous comments about
privacy impacts, but said there are security issues as well. She also questioned the
amount of time it would take before the landscaping provided any privacy, and she
asked if the laundry area is in the garage and whether it would displace a car.
Mr. Sloan explained in that the plans show a washer and dryer area on the entry garage
floor plan. He reviewed their proposed setbacks and how they compared to
neighboring buildings, and said they proposed to have a 12-foot setback to match the
building to the west. He reviewed the window placement on the west elevations and
said these are small windows, located in a stairwell, study, bathroom, and library, and
the sill heights are about 5 1/2 feet high.
The City Clerk read the title of the ordinance No. 1803. Burnett moved and James
seconded to read the ordinance by title only, and that the City Clerk's reading would
constitute the first reading thereof. Motion carried 5-0.
Bumett moved to grant a Negative Declaration. Chang seconded and the motion
carried 5-0.
1anuary 4, 1999 Cupertino City Council Page
'-- Bumett said that a planned development zone should help to find compromises and
more creative solutions, He felt privacy provisions should match those of the R-1
ordinance; setbacks on the north side should be as large as possible; and that the
heights are consistent with what has been done next door.
Statton agreed that privacy provisions should match R-1 standards; if trees are part of
the privacy mitigation, they should be included in the CC&Rs; the developer should
eliminate 1-2 parking spaces and relocate units on the north side if the turning radius
with allow that; reconsider whether a trash enclosure was needed, since each unit
should have its own trash; and consider 36-inch box trees.
James said she was disappointed that the homeowners associations and the neighbors
did not have a chance to talk with the developer. This is an improvement over what is
there now, but it needs further input from the community and the Planning
Commission.
Chang liked the design, and thought it be very compatible with the surrounding
developments. He supported the suggestion that setbacks to the north be set at 13.5
feet, and to the west they should match the units on that side. He agreed that
landscaping issues should be included in be CC&Rs, and to require 36-inch box trees.
- Bumett said the affordable housing aspects need to be addressed as well. Cowan said
there would be in-lieu fees of $1 per foot, but no BMR units.
Dean felt there would still be an intrusion of privacy, but if the developer would
consider 13.5-foot setbacks that would help.
Kilian said that the applicant has a right to have the City Council decide an issue. He
asked the applicant if she was agreeable to going back to the Planning Commission
with direction from Council Mr. Hynes said he discussed it with Ms. Chen, and she
would like to have Council act on the project as presented, rather than making further
changes. Kilian said that Council could now accept the project as presented, impose
additional conditions, or deny the project.
James moved to deny 6-U-98, and stated the basis for denial was a number of issues
related to privacy intrusion, height, setbacks, landscaping, and the other items
described by the City Council. Dean seconded and the motion carried 5-0.
17. First Baptist Church of Cupertino - 10505 Miller Avenue, APN 369-16-001,
Applications 5-TM-98 (32-EA-98), and 12-Z-98. Rezoning 2.26 acres of a 5.96-acre
lot from BQ (Quasi-Public Building) Zone to R1-6 (Single-family residential, 6,000
sq. ft. minimum lot size) zone, and subdividing a 5.96-acre lot into 10 lots ranging in
size from 6,120 sq. ft. to 9,000 sq. ft and a remainder lot for the church. Negative
Declaration is recommended and application is recommended for approval.
anuary, , 1999 Cupertino City Council t)age ')
(a) First reading of Ordinance No. 1804: Rczoning 12-Z-98, "An Ordinance of the
City Council of the City of Cupertino Rezonlng 2.058 Acres of a 5.96-acre
parcel from BQ (Quasi-Public Building) to R1-6 (Single-Family Residential
with 6,000 Square Foot Minimum Lot Sizes."
Cowan reviewed the staff report and distributed a new map showing a reduction to
nine lots, which would change the boundary of the subdivision. The remainder lot
would then include the McCubbin house, which would be used as the pastor's
residence. The remainder portion is not subject to any fees or charges, and this change
would reduce the park dedication fees by $15,000.
Dowling discussed the impact of the neighboring soccer field on this development.
There is a general plan policy of opening up parks to the community. However, this is
an extremely active space, and even if it were to be visually opened, the fence must
remain in place. If there are houses backing up to the soccer field, the fence should be
at least 12 feet high,
Mr. Mmv Kirkeby, the civil engineer for this project, said there is no need for the lot
owned by the church to be in the subdivision. It will still be attached to the remainder
parcel. The church plans on using some of the revenue from the sale of this land to do
additional improvements on their property that further cloud, the issue of any access to
the park. Everyone has agreed that the proposal for a narrower street near the entrance
is acceptable. He noted a correction for the minutes, which state that there is no
parking on either side of that entrance. However, the street does meet central fire
standards and parking could be allowed on one side.
Mr. Seth Kurasaki, 6371 Atherwood Ave, expressed his concerns about the impacts on
properties on Atherwood Avenue in terms of privacy intrusion, access, and drainage.
He has only seen the plot plan but had no information about the characteristics of the
homes, so the issue of privacy is a concern because that land is higher. He showed the
location of utility poles that provide electrical power, telephone, and cable TV, and
noted that the utility companies currently use this lot to service those utility lines.
Public Works Director Bert Viskovich said the homes will be required to drain to the
street.
Mr. Dick Schuster, representing the Housing Committee, asked if the BMR mitigation
requirements go with the developer, or with the site. Also, if two more houses are later
built on the church property, will the BMR requirements kick in? Mr. Schuster pointed
out a row of houses between Miller and the park that are being purchased and
demolished by the City to be used as park property. This project is creating new areas
for building. There were non-profit developers looking for property in Cupertino
several years ago, and it would be beneficial to the community if they could work
together.
lanuary 4, 1999 Cupertino City Council Pa~e 9
Burner was in favor of the Planning Commission recornrnendation for the street
layout, and felt the developer should install the taller fence. He was not in favor of
separating out one lot.
Discussion followed regarding the remainder lot and how fees would be affected.
Viskovich noted that under the remainder law, the park dedication fees can be
collected whenever the lot is converted into a usable lot. Kilian said that in order for
there to be a house ora different type on the remainder lot, it must be subdivided
again.
Sames said that the Planning Commission had reviewed this proposal as a 10-lot
subdivision. It makes sense that the parsonage should be part of the remainder,
although there needs to be some protection that it just doesn't get to develop at a later
time without some restitution. She agreed that al2-foot fence should be installed by
the developer.
Chang agreed with the other members about the no parking areas and the 12-foot
fence. The proposal for the parsonage makes sense, but since the Planning
Commission did not have an opportunity to review that proposal, he supported their
original recommendation.
-- James moved to grant a Negative Declaration. Bumett seconded and the motion carried
5-0.
The City Clerk read the title of Ordinance No. 1804. James moved and Statton
seconded to read the ordinance by title only, and that the City Clerk's reading would
constitute the first reading thereof. Motion carried 5-0.
Kilian said if the parsonage is to be kept as part of the remainder property, it cannot be
developed without further subdivision and a park dedication fee would be collected
then. Unless Council has a strong position with respect to the BMR aspect, 9 lots may
be the most efficient solution. Chang said that, having heard further discussion
regarding the benefits of 9 lots vs. 10 lots, he could accept either proposal.
Chang moved to appwve the subdivision of nine lots. James seconded, and the motion
carried 4-1 with Burnett voting no.
Chang moved to approve 5-TM-98 for 9 parcels, with the conditions recommended by
Planning Commission and with the following additional conditions: (1) Installation of
a 12 foot fence or wall along the westerly boundary; (2) No parking on the north and
west sides of the comer lot at Miller Avenue; the asphalt shall be eliminated and
converted into additional landscaping with 24-inch box trees. James seconded and the
motion carried 5-0.
larluary 4, 1999 Cupertino City Council Page
18. Deblin I - Appeal of the Planning Commission decision regarding tentative map to
subdivide a .73 acre parcel into three parcels, 10840 Bubb Road, Application 3-TM-98,
3-TM-98. Appellant Kebecca Casciani requests continuance.
Council unanimously agreed to continue Item No. 18: Deblin I, to Jan~_~_~ 19, as
agreed by the appellant and applicant.
19. Lake Biltmore Apartments, 10159 South Blaney Avenue (APN 369-03-008),
Applications 11-Z-98, 14-U-98, and 31-EA-98. Request to rezone an existing
apartment complex from R3 (Residential, multiple family) zone to P(R-3) Planned
development multiple family) zone; and use peru~it to re-landscape and construct new
garages and 24 new apa~huents. A Negative Declaration is recommended and the item
is recommended for approval.
(a) First reading of Ordinance No. 1805, "An ordinance of the City Council of the
City of Cupertino Rezoning 10159 S. Blaney Avenue (APN 369-03-008 from
R-3 to P(R-3) (Application 11-Z-98)."
Community Development Director Bob Cowan reviewed the staff report, and showed
which lakes may be eliminated. At least one lake would be retained, and some water
features would be installed to create the sound of rurming water. Some trees would be
removed, and others replaced. Parking will be slightly reduced to two spaces per unit,
and existing carports will be converted into garages at the western and north¢~it edge.
Mr. John Moss, Pegasus Development, said their plans include redesi~tmirtg the existing
clubhouse and replacing the furnish'rags; replacing damaged siding; replacing carports
with private garages; adding landscaping and trellises in some areas; adding 24 new
one-bedroom apartments in the existing parking areas; and replacing the lakes with
landscaping and water features. He said the reasons for replacing the lakes include the
risk to toddlers in the complex, water conservation and water treatment issues, and
addressing complaints about rodents. Mr. Moss said they will be creating more useable
open space and retaining the vast majority of significant landscaping. He discussed the
neighbor and resident meetings which had been held and said the vast majority of input
on this project has been favorable or neutral. He reviewed four issues which had been
discussed the Planning Commission meeting, including limiting construction hours on
the weekend; opening access on the northwest comer to Blaney; encouraging the
residents to use garages for parking and not storage; and revising the plan to replace
the lakes with water features.
Mr. Andy Raymundos, architect, said that of the 24 new units, only two of those will
bc in places where there is currently landscaping. He distributed some photographs of
the structures which are currently in the island areas and the motor courts. He also
showed some elevations of the other proposed buildings and described the changes in
siding style and color.
lanuary 4, 1999 Cupertino City Council Page
Mr. $ohn Calaalan, project architect, reviewed their plans for the water features. He
said that removing the lakes will allow them to add more spring color on the property,
add open space to the project by putting in lawns, and replacing a dated amenity with
water features.
Mr. Moss discussed the proposed language for the conditions of approval which would
limit use of the garages primarily for vehicles, and that would be enforced as part of
the rules and regulations for the overall development.
A number of residents and one neighbor spoke in opposition to the proposed changes.
Their reasons included the following: The increase in density; removal of trees;
restricted views; increase in traffic internally and on Blaney Avenue; construction
noise; and the loss of the natural beauty and unique environment created by the lakes,
mature trees, and the ducks. Also, removal of the lakes is not required to build any of
the additional residences. Many residents indicated that they specifically chose to live
here because of the lakeside setting, and they would move if the lakes were taken out.
The speakers were:
Ms. Barbara Lan#worthy, 20030 Rodrigues Ave., #K
Mr. Milind Padld, 20030 Rodrigues Ave., #B
Mr. Sharad Mehrotra, 20100 Rodrigues Ave., #J
Mr. Anilesh Seth, 20100 Rodrigues Ave. #C
Mr. Udaya Kumar, 20100 Rodrigues Ave., #F
Mr. George Monk, 19985 Price Ave
Mr. Bill Truex, 20080 Rodrigues Ave, gL
Ms. Jane Wang, 20040 Rodrigues Ave. #G (comments in writing)
Mr. Moss said that clearly the bulk of the comments revolved around the removal of
the lakes. As a company they have no interest in changing the environment adversely,
but their contacts have shown that the majority of residents want more landscaped
space instead of the lakes. The developer believes the ambiance to be created will
clearly be an improvement over what exists right now, especially in terms of
landscaping. Mr. Moss explained that they sent out notices regarding the plans, and
then held two meetings with the residents. There was a small group opposed to the
removal of the lakes and some of the other items mentioned tonight. However, about
30 people could not attend but phoned in to talk to the property manager, and they
were either positive about the improvements or were neutral.
Chang felt this proposal was a proper usage, and it would be a positive increase to the
stock of housing. However, there doesn't seem to be much support for removing the
lakes, and he would like to at least keep the lakes around the clubhouse.
James said she walked the property and said there are many large trees on the property
that make it a unique place, but the loss of the lakes is a very emotional issue. She
understood the difficulty of maintaining the water features, and she is encouraged that
the density will still be kept fairly low. The property owner has a right to develop their
January ~, ! 900 Cupm't~no C~ity C~oundl Page
property, and she was in favor of thc project with the Planning Commission's
recommendation.
Burner said he had also visited the complex and agreed it is a very calming place and
the lakes are an important amenity. The property owner is being allowed to develop
the number of units they are requesting, and although there may be more lake than is
needed, it is not necessary to take the lakes out to do the expansion. He did not feel the
replacement of lakes with four fountains is an adequate compensation.
Statton asked if there would be any below market rate units as a result of this project.
Cowan said that two units would be BMR units. Statton discussed his concem about
construction hours and the impact they have on residents. He stressed that the arrival of
workers and preparation work should not begin before 7:30 a.m., and the code
enforcement telephone number should be published in case the residents experience
any problems. Statton discussed the water conservation issues and agreed this is a
dated amenity that should be replaced, but he liked the fountains, which could be
turned off during times of drought. He suggested that even the lake around the
clubhouse be removed, and another fountain installed to the north of the tot lot.
Dean said he supported the additional units and understood the issue of property owner
rights, but hoped to reach a resolution where the lakes would remain. He asked for a
- straw vote about support for the additional units, and the Council members were
unanimously in favor. Discussion followed about the need for further discussion on the
lake issue. Bumett said there should be some oversight of the input process to make
sure that people clearly understand the changes, such as a survey of the residents.
James moved to (1) Approve the development plans for 14-U-98 as submitted, with the
exception of the lake part of the landscaping plan; and (2) Continue the lake portion of
the landscaping plans until March 1, to allow time for further review and a report back
by the Planning Commission. Chang seconded and the motion carried 5-0.
James moved to grant a mitigated Negative Declaration. Burner seconded and the
motion carried 5-0.
Thc City Clerk read thc title of Ordinance No. 1805. Burnett moved and Statton
seconded to read the ordinance by title only, and that the City Clerk's reading would
constitute the fu'st reading thereof. Motion carried 5-0.
PLANNING APPLICATIONS - None
UNFINISHED BUSINESS - None
NEW BUSINESS - None
January 4, 1000 ~upertlno C~ity C~ounell Page
-- ORDINANCES
20. Second read/ng and enactment of Ordinance No. 1802: "An Ordinance of the City
Council of the City of Cupertino Amending Chapter 16.28 of the Cupertino Municipal
Code Regarding Electronic Security Gates."
The City Clerk read the title of ordinance No. 1802. Burner moved and Statton
seconded to read the ordinance by title only, and that the City Clerk's reading would
constitute the second reading thereof. Motion carried 4-1 with James voting no.
Burner moved and Statton seconded to enact Ordinance No. 1802. Motion carried 4-1
with James voting no.
STAFF REPORTS
21. Report regarding proposal for news racks ordinance and request to allow newspaper
distributors to install a trial modular news rack.
Cowan reviewed the staff report and showed some slides of some modular news racks
that are located in other communities.
-- Statton asked about the enforcement of the city's current ordinance regarding news
racks. Kilian said the current ordinance describes locations and addresses safety
hazards, but does not deal with situations of abandonment or vandalism. Statton said
his recollection of the ordinance was that it required registration of all racks, so there
was someone to contact in case of a problem.
Cowan said staff would go through the regular hearing process to consider possible
changes in thc ordinance and standardizing news racks. Statton asked that staff
conduct a survey of which racks in the community are registered and adhering to the
ordinance.
22. Donna Krey, Public Information Officer, gave an update on the TCI Cablcvision
upgrade. Although thc system was electronically turned over by the deadline .of
December 31, TCI must still change out the boxes for all customers in the old Heritage
cable area. TCI will be reporting to thc Telecommunications Commission on
Wednesday, Jan. 6, and the Commission will make sure that the system is certified and
in compliance with the franchise agreement. Council will receive their report later in
the month.
COUNCIL REPORTS
Statton asked if staff had been able to contact the Postmaster for a report. Dean said he had
visited the post office to make that request. The Cupertino Postmaster has been on leave, and
has been reassigned to San Jose, but as soon as he returns, he will address City Council.
January 4, 1999 Cupertino City Council Page 13
James r~ported on her attendance at the Silicon Valley Manufacturing Group, the
retirement dinner for Sheriff C-illingham, the appointment of the new Sheriff Laurie
Smith, and the Senior Center Expansion committee.
Chang and Bumett said they represented the city at the Santa Clara County Cities
Association.
CLOSED SESSION - None
ADJOURNMENT
At 10:40 p.m. the meeting was adjourned to 6:30 p.m., Wednesday, January 6, 1999,
Conference Room A, to conduct interviews and make appointments to the City's boards,
commissions and committees.
City Clerk