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B. TCI Cable Rebuild Project -- Above ground pedestals versus flush mounted service boxes REPORT: City Engineer, June 6, 1994 During the May 16 Council meeting discussion on TCI pedestals, Laverne Atherly asserted that a Redwood Shores Homeowners Design Review Board mentioned in the CC&Rs had jurisdiction over the public easements on property in Redwood Shores, not the City. The Council directed City Attorney Schricker to research this matter and advise who had legal jurisdiction. City Attorney Schricker stated that the specific description of the property Marlin Subdivision No.1 subject to the CC&Rs did not include the public service easements; and more importantly, the City Council could not lawfully delegate that kind of authority to private parties; therefore the City had jurisdiction in this matter. Mayor Buchan reminded everyone that on May 16 the Council heard everyone who wished to speak to this issue and voted to consider public comment closed. However, Laverne Atherly stated he had new information he wished the Council to consider so he would be allowed to speak again at this time. Laverne Atherly, Cringle Drive, Redwood City, stated he had opinions from two other attorneys that were different from Mr. Schricker's opinion; and his brother-in-law, an electrical engineer at Bechtel, advised that above ground pedestals would always be described as better as they are cheaper and easier to maintain, but how much "better" was debatable. Mr. Atherly advised that the some ofthe reasons for installing above ground pedestals stated by TCI were lies, such as, the signal is better. Mr. Atherly stated that the quality is not that much better. Mr. Atherly repeated some of the information he had presented at the May 16 Council meeting. Councilwoman Steinfeld, who was not present at the May 16 Council Meeting, asked many technical questions of Mr. Thomas Lacey, TCI Cablevision Inc. Area Manager. Mr. Lacey described the need for the taller pedestals allowing for installation of hardware in the very near future that will enable consumers to merge with the informational superhighway. Council Members discussed some of the issues raised at the May 16 meeting, and A:lternative No.2 recommended in the subject staff report: "2. Allow TCI Cable to proceed, but require specific mitigation measures such as: . Moving pedestals longitudinally within the PUE to a less visible location. . With Grant of Easement from the property owner, moving the pedestals laterally outside the PUT to a less visible location. . Installing additional landscaping to further screen the pedestals. . Painting pedestals to match the surroundings. MINUTE BOOK NO. 52 Regular Meeting Minutes Paqe No. 280 June 13, 1994 Page 6