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CC 06-21-80 CC- 510 P.2 Dashnaw referral Williams referral Legislative Review Comm. . Kaiser sound wall Iten. removed; balance of Consent Cal. a.ved MINUTES OF THE JULY 21, 1980 CITY COUNCIL MEETING 2. Referral of County Applications: (a) Application 860-15-~2-79Z-8OS- SubeliviaioD request - n..hnaw - MoDtebello Roed. It was moved by Couoc. Sparks, seconded by Counc. Pluogy end p,...ed uoanimouøly to authorize the Mayor to sign the letter aa submitted by ataff in reaponae to raferral of Application 860-15-62-79Z-80S, Landa of Dashnaw. (b) Application 6177.3 revised - Willi_ - Byrne Avenue. It was moved by Colmc. Sparks, seconded by Counc. Plungy a~ passed unanilDOusly to authorize the Mayor to inform the County that they are not opposed to ApplicatioD 6177.3 Revised Use Permit, Williams. CITY CLERK'S NOTE: City Attorney Kilian arrived at 7:10 p.m. Council 'maniwusly supported the recOJaeDdation of the Legislstive Review Coaaittee as aubmitted by Counc. Plungy, aa follows: Support SB 1972 and ACA 74. Oppoee SB 467. He position on AS 1994. A mailgram will be sent requesting veto of SB 462. Council approved support of rehesring the County of Los Angeles vs the City of Alhambra decision pertaining to processing of parking ticketa. The Director of Public Works was reques~ed to ch~ck on the status of the Kaiser sound wall. At 7:25 p.m., the meeting was adjourned and reconvene, In Council Chamber at 7:35 p.m. SALUTE TO TIlE FLAG ROLL CALL Counc. Present: Gatto, Plungy, SDarks, Mayor Rogers Staff Present: City Manager Quinlan City Clerk Cornelius Director of Public Works Viskovick Director of Planning and Development Sisk City Attorney Kilian CONSENT CALENDAR Mayor Rogers removed Item 15 from the Consent Calendar. It was moved by Counc. Sparks, seconded by Counc. Plungy and passed with Counc. Catto abstaining on Item 11 ; J ";-prove the bdlance of the Consent Calpndar. " . . . MINUTES OF TIlE .JULY 21, 1980 CITY COUNCIL HEETDrG CC-51O Page 3 7. Resolution No. 5350: "A R~solution ·,f the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the MIount a,.d from the Funds as HereinafterDescribed for General and Miscellaneous Expenditures for the Period Ending June 30, 1980." 8. Resolution No. 535>: "A Resolution of the City Council of the City of Cup..rtino Allowing Certain Claims and Demands Payable in the Amount and from the Funds as Hereinafter Deacribed for General and Hiacellaneous Expenditures for the Pedoel Ending July 8, 1980. n 9. Resolution No. 5361: "A Resolution of the City Colmcil of the City of Cupertino Allowing Certain Claill8 and Demanda Payable in the MIount and from the Funds as Hereinafter Described for General and Hiscellanec>us Expenditures for the Period Ending July 14, 1980." 10. Resolution No. 5366: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the MIounts and from the Funds as Hereinafter Described for S91aries zn Wages for the Period Ending July 15, 1980. 11. ResoluHon No. 5363: "A Resolution of the City Council of the City of Cupertino Approving Parcel Map of Property Located West of Band- ley Drive Soutt of Greenleaf; Developer, Cypress Properties Incor- por5ted; Authorizing Execution of Improvement Agreement; Authorizin Sig:ting of Parcel Map." 12. ResJlution No. 5364: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Purposes from De Anza Venture, a Partnership; Consisting of Approximately .096 A~res, Located along the North Side of Stevens Greek Boulevard East of De Anza Boulevard." 13. Resolution No. 5365: "A Resolution of tho. City Council of the City of Cupertino Approving Contract Change Order No. 2 for Joint Exer- cise of Powers - Resurfaciug of Streets." 14. Acceptance of Municipal Improve~~ts' Tract No. 6332, Brenda Williams. 15. Removed 16. Minutes of the a,'jourlled regular City Council meeting of July 8, 1980. :CC-509) Vote Hemèers of the City Council AYES: NOES: ABSENT: ABSTAIN Gatto, Plungy, Sparks, Rogers None None Gatto on It Pm 11 only .~ ,.,. " .;'..'., \ CC-510 ....4 MIIlUTES OF TIlE .JULY 21, 1980 CITY COUNCIL MEETING ORAL COMMUNICATIONS COWlcil vacancy 17. Mr. William Fisher of Brittany Court inquired as to how lon, tha CoWlcil seat would be vacant Be expressed his opinion that Philip Johnson should be appointed to that seat. PUBLIC BEAlUNGS 18. Application 24-Z-80 of Clearlake Development Company: Rezonina approximately 2.0 gross acres from R3 ~ltiple fr·<17 residential) and Rl-IO (Residential, Single-family, 10,000 aq. ft. min~ lot size) zone to P (Planne~ Development with residential (10 to IS dwelling units per grosa acre) intent) zone and Environmental Review: Tbe Planning eo..ission recommends the granting of a Negative Dec- laration. The subject property is located on the north aide of Stevens Creek Boulevard approximately 100 ft. easterly of Randy Lane. Rec"-Dded for approval. (a) First reading of Ordhance No. 1033: "An Ordinance of the City of Cupertino Amending Section I of Ordinance No. 2 by Rezoning Approximately 2.0 Gross Acres from R3 and Rl-IO to p¡ Located on the North Side of Stevens Creek Boulevard Approximately 100 Ft. Easterly of Randy I.ane." . PLANNING APPLICATIONS 21. I, ~lication 12-U-80 of Clearl3ke Development Company: Use Permit to construct a 42-unit residential building over a depressed parking structure and Environmental Review: No action taken for the granting of a Negative Declaration. Recommended for denial. Bill Irvine, architect, 10560 Castine Avenue, Cupertino, reviewed the pro- posed plans with Council. John Callahan, 19954 Ilbeaton Drive, Cc,>e:'tino, inquired a9 to ventilation in the proposed underground garage, the proximity of the pool to the fence, plans for providing visitor parking, the effect of traffic on residential streets and open space requirements. Alf Modi!lp. ]'138S Prune Tree Lane, C..pertino, questioned how people would get out ûf the develo~ent as no left turn is allowed on Randy Lane. He asked if the developer uoulá accept ~ommercial zoning on the project. Rosemary Callahan, 19954 Wheaton Drive, submitted a petition to Council protesting the proposed d~v~topment. Tom Sir~·_t, 20064 Wheaton Drive, stated that ar, þopula'::"c:"J i~..cr.;~ses, crime rate increases. . Ron Bierman, 19781 Bixby Drive, s>ted ;,i9 belief chat becau..e of ~,'" ~roposed town center, the City would not allow these lots to be commercial. . M'INUTES OF THE .JULY 21, 1980 CITY COUNCIL tll!ET:NG Willi_ Clarlt, 20054 Wheaton Drive, stated :hat the !)roposed conp1es would dwarf his hoIIII and that the project does not fit in on Stevena Crl!elt Boulevard. Ra further atatd that he is cOllpletely againat high dendty. R. Genske, lQ164 Randy Lane, atated that she was appalled at the propose project and that she would not have voted for the Counc11 hael ahe knøvn they are for high density. Claudio Serafini, 10135 Carol Lee Drive, stated his preference for ~tngle family h~s but he felt a 10 unit, two story compraaiae would be ar.ceptable. Tony White, 20061 Forest Avenue, aslted what the firøt reading of an ordinance ~ant and what a Ne~ative Declaration meant. Dick Gt.glielmetti, 10lS8 t:yer Place, stated that he believes Council should hear what concerned citizens bave to aay. He requested that ther be a gradual transition frOll dngle f8llli\y dwelling," to higher density. He stated his belief that the proposed development was not a a~oth transition and would not aaintaiD t~e integrity of tho neighborhood. Alf Mudine st&ted that Council should listen to the people as they could r~call t~e whøle Counci~. . Dicit Dulleclt, 19680 Junipero Way, Saratoga, a representative of the developer, stated his belief that the proposed development was a good plan. He felt that cities ..at solve their housing proDlem or the state or federal g,ve~t will dictate to local governments. Medford L. Snyder, owner and developer, requested guidance from Councilc It was moved by Counc. Sparlts, seconded by Counc. rlungy and passed urani~lsly to close the public hearing. CC-SIO Page 5 Public hearing closed It was moved by Counc. Sparlts to approve Application 24-Z-80. The mo~to Motion died died for lack of a second. It was moved by Co~nc. Gatto, seconded ~y Counc. Plungy and defeated with Councilmembers Sparks and Rogers di£senting to de&, Application 24-Z-80 as approval would be inappropriate until the General Plan is clarified. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed with Counc. GattL diss~nting to ~pprove Application 24-Z-~O. It was m~ved by Cvunc. Sparks, seconded by Counc. Plungy and passed unan imously to grant a Negative Declaration for 24-Z-80. . It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unan imously to read Ordinance No. 1033 by title only and the City Clerk's read!~g to constitute the first reading. Application l2-U-80 was therefnre denied. Motion defeated' 24-Z-80 approved Negative Dec. for 24-Z-80 First reading of Ord. 1033 ". CC-SIO P'i6 Public hearing cl09ed Negative Dec. for project åmend_nt to Ord. 220(i) approved FiAf reading o.d. 1035 Public hearing closed . MIlIUTES OF THF. JULY 21, 1980 CITY COOlIICIL MEETING PUBLIC BEARINGS (continued) 19. City of Cupertino: Amendment to Ordinance 220 (i) : Regulating the Agricultural and Agricultural-Residential (AI) zoning diatrict to establish a use permit procedure to vary from a.tbaek requirements and height limitations when said variations are necessary for the application of aetive or passive solar design and Env110~tal Review: The Planning Commission ree_Dds the grl&,\'\tina of . .ega- tive Declaration. RecoDllended for approval. (a) First reading of Ordinance No. 1035: "An Ordinano:e of the City of Cupertino Amending Ordinanee 220(i) by Adalng Seetion e7.1 Establishing a Use Permitting Setback and Height Exeep- tions to Aceommodate Solar Equipment or Design." It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan- imously to close the public hearing. It was moved by Counc. Plungy, secC'nded by Counc. Sparks and Ðaased unanimously to grant a Negative Declaration. It was moved by Counc. Plungy, seconded by ColUlC. Sparks and passed unanimously to approve the application per Planning CoDllission Resolution No. 2101. It wss moved by Counc. Plungy, seconded by Colmc. Sparks anJ passed unanimously to read Ordinance No. 1035 by title only the the City r.lerk's reading to constitute the first reading. 20. Appeal of Planning Commission decision filed by O. J~ird Huntsman (Application 6-U-80). Laird Huntsman.22333 Dahl Street, showed Council slides of the storage tank and gazebo. He felt the Planning Commission's findings were not specific and that the CODllission does not have the experience to make the decision that they made. He stated that the Planning Commi~sion did not make an analys1s of the tank and that the Commissioners are not experienced in structural engineering. He stated that the efficiency of the system would be reduced from 30-40% if the tank were moved. Hp requested an exemption from set back requirements. The City Attorney informed Council that the proposed tank is illegal under the City's setback ordinance and that this may be e~fnTced even in instances of solar if public health, safety and w~lfare are at stake. Fay Gabler, 22323 Bahl Street, requested that the tank be placed on the other side of the building. He further stated that the project has altered the neighborhood. It ~as mov~d by Counc. Sparks. seconded by Coune. r,atto and passed unan- imously to close the public hearing. . . . KIIIUTES OP THE .JULY 21, 1980 CITY COUBCIL MEETI~ It was -.>ved by Counc. Sparks, aeconded by Counc. Gatto ao1cl paaaed with Counc. Rogers elissenting to grant the appeal filed by Hr. Huntaman with Condition Ro. 17 1IIOdifit'd to reael as follows: CC-510 Page 7 RaDtsman &fpea1 granted .. amended Approval of the solar water storage tank depicted in Exhibit A-I is con- Aeended condi- tingent upon satisfac.ory resolution of the following conditions: tion 17 1. Verification of precise property line. 2. Modification to ensure that fence post footings do not encroach into the adjacent property and that a small wooden or masonry diver ter wall shall be provideJ which will IlSaist in e':18uring that water remains on the applicant's property. 3. Review of soils for bank stability. 4. Install expansion joint at ,'ouse foundation. 5. Restraining capacity shall be 3 times the present requirements l'isted in the Uniform Buileling Code for earthquake safety at this time. 6. Provide minimum/maxilllUlll depth for excavation of water tank - 18 inches. 7. Absolute minimum enclosure of tank necessary, subject to provisions of Uniform Building Code and staff approval. RECESS: 10:00-10:10 p.m. PLANNING APPLICATIONS 22. Application 14-U-80 of Vallco Park, Ltd. (Tandem Computers): Use Permlt to construct a 140,O?Q sq. ft. industrial building and En- vironmental Review: The Planning Co..tssion recolllllends the gcantin of a Negative Declaration. Said property consists of approximately eight acres located on the northwest corner of Tan~au Avenue and Vallco Parkway in an MP (Planned Industrial P?ck) zoning district. R"commended for appro·tal. It was moved DY r.ounc. Gatto, seconded by Counc. Sparks and passed unan- imously to grant a ~egative Declaration for 14-U-80. It was moved by Counc. S?órks, seconded by Counc. Gatto and passed with Counc. Plungy dissent~ng to approve Application 14-U-80 per Planning Commission Resolution No. 'Ill. Negative Dec. for 14-U-80 14-U-80 approved C~lO P.8 Nega ti ve Dec. for 10-'1':1-80 10-TM-80 approved Bu.outes Negative Dee for 14-TM-80 14-TM-80 approved . MINUTES OF THE .JULY 21, 1"80 CITY COtJlllCIL MEETING 23. Application lo-TH-80 o! Key Chevrolet (Paul Weiss - Hark Tho... & Co., Inc.): Tentative Hap to subdivide approsimataly 5.3 acrea into two parcela equaling 4.4 acres and .9 acre and Environmental Review: Tho. "lanning Commission recoaaencla the granting of a Rega- tive Declaration. The subject property is located on the north side of Stevens Creek Boulevard approximately 150 ft. east of Stelling Road in a CG (General Commercial) zoning elistrict. ReCOlDended for approval. It was moved by Counc. Sparks, seconded by Counc. Gatto and passed ID18nimously to grant a Regative Declaration for IO-IK-80. It was moved by Counc. Gatto, seconded by Counc. Plungy and passed ID18nimous]y to approve Application lo-TH-80 per Planning Comm1saion Resolution No. 2113. By consensus Council took Item No. 39 out of order. HEW BUSIRESS 39. Committee for Safe and Sensible San Francisquito Creek Area Routing. Na-cy Jewell Cross reviewed the proposed bus lines with Council. These linea would cross county boundaries. It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unanimously to support the proposed western foothills bua routes as submitted by the Co~ttee for Safe and Sensible San Francisquito Creek Area Routing. Counc. Gatto was authorized to work for implementation by the County. PLANNING APPLICATIONS (continued) 24. Application 14-TM-80 of Stevens Creek Office Center: Tentative Hap to subdivide approximately 6.2 acres into three parcels equaling 5.0 acres, .57 acre and .63 acre and Environmental Review: The Planning Commission recommends the ~ranting of a Negative Declaration. The subject property is located on the north side of Stevens Creek Boulevard aprroximately 125 ft. westerly of Saich Way in a P (Planned Development with cc~ercial intent) zoning district. Recommended for approval. It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan- imously to grant a Negative Declaration for 14-TM-80. It was moved by Counc. Sparks, second.d by Counc. Gatto and passed unan- imously to approve Application 14-TH-80 per Planning Commission Resolu- tion No. 2114. . . . MlIf'JTES OF THE .JULY 21, 1980 CITY COUNCIL MEETING ARCHITECTURAL AND bITE APPROVAL C<»IMITTEE APPLICATIONS 25. None ITEMS REMOVED FROM CONSENT CALENDAR 15. Minutes of the regular City Council meeting o~ July 7. 1989. (CC- 508) It was moved by Counc. Gatto, seconded by Counc. Sparks and paaaed unan- imously to approve the minutes of the regular meeting of the City Council, July 7, 1980, with the ømendment that Counc. Plungy be listed as representative to the City of Cupertino's Sister City Program. UNFINISHED BUSINESS 27. Second reading of Ordinance No. 998 (amended): "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Re- zoning Approximately 5.3 Groas Acres from CG to P (Planned Develop- ment with Residential 100lS Units Per Gross Acre Intent); Located a the Southwest Corner of Portal Avenue and Stevens Creek Boulevard." It was moved by Counc. Plung)', seconded by Counc. Sparks and passed unanimously to read ordinance No. 998 by title only and the City Clerk's reading to constitute the second reading. It WÚÞ moved by Coun~. Sparks, seconded by Counc. Plungy and passed with Counc. Gatto dissenting to enact Ordinance No. 998. NEW BUSINESS 28. Report regarding traffic conditions on Lazaneo Drive and intersec- tion of De Anza Boulevard/Stevens Creek Boulevard and consideration of request from Cupertino Union School District for exemption from traffic restrictions. Alf Modine stated that he felt that the barricade on Forest Avenue appeared to be not needed. Dr. Karl Friese, 10255 Virginia Swan Place, challenged the figures used in thp- report prepared by the Director of Public Works. He felt that the sample used was biased. He also expressed the need for more speed enforcement in the area. Fay Vleck, 20121 Forest Avenue, expressed support for the barricade. Deryl Cram, Cupertino Union School District, 10301 Vista Drive, pre- sented a petition to Council requesting that the school district, its employees and employees' dependents be exempt from the no left turn sign for Stevens Creek Boulevard. CC-510 Page 9 July 7 minutes approved as amended Second reading of Ord. 998 Ord. No. 998 neacted , i CC-510 i pelO Traffic re- strictions to remain same Traffic en- forcement re- quested . Continued Stutz claim rejected Gaa claim rej ec ted MINUTES OF TIlE JULY 21, 1980 CITY COUNCIL MEETING Wayne Shannon, 10265 Virginia Swan Place, questioned the figures submitted by the Director of Public Works. Bob Storvold, 10143 Hiner Place, stated his belief that traffic on Viata haa been reduced because of the nO left turn. Be stated that if the aign was removed traffic would increase. Shirley Ginzburg, 10254 Miner Place, stated her belief that the traffic count was incomplete, did not contain resident input and did not state that many trucks are in the area. She further stated that school busea violate both the speed limit and the noise ordinance, and elso that the Four Phase building under construction will affect traffic. It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unanimously to keep traffic restrictions as they are including the ~resent no left turn restriction. Mr. Ed Prouse, Virginia Swan Place, requested increased enforcement of the traffic restrictions. The City Manager was directed to contact the Sheriff's Department regarding said traffic enforcement. 29. Procedure for repair and maintenance of sidewalks. (a) Ordinance No. 937: "An Ordinance of the City Council of the City of Cupertino Adding a New Chapter 14.28 to the Cupertino Municipal Code, Setting Forth Alternative Procedures for the Repair and Mainte~nce of S~dewelks; the Maki~g, Confirming and Collecting of Assessments to Pay the C09ts Thereof; the Hethod of Permitting and Performing Said Work, and the Ad- vancement of the Costs ~ereof from the Special Assessment Revolving Fund." (b) Resolution No. 5031: "A Resolution Describing the Procedure Whereby R.pairs to Sidewalks May be Undertaken and Financed Pursuant to Chapter 14.2R of the Cupertino Municipal Code." It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unanimously to continue this matter to the Council meeting of August 18, 1980. Counc. Plungy requested information as to whether or not the City could continue to bear the cost for repair and maintenance of the side- walks. 30. Claim against the City filed on behalf of Lawrence Allan Stutz. It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan- imously to reject the claim of Carol Langer on behalf of Lawrence Allan Stutz and direct the City Clerk to notify the claimant. 31. Claim against the City filed by Allstate Insurance (Laura and Pat Gar~ia, insured). It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan- imously to r~ject the claim filed by Allstate irsurance and direct the City Clerk to notify the claimant. . . . MINUTES OF THE .JULY 21, 1980 CITY COUNCIL MEETIIIG 32. Clai. filed against the City for alieged damagea filed by Jucl1 Athow. It was moved by Counc. Gl\tto, seconded by Counc. Plungy and pasaed unan- imously to authorize payment of $883.25 in the claim filed by Judi Athow upon her signing of a release. The City Clerk wUl aO notify Ha. Athow. 33. Consideration of intiating annexation proceedings - Bollinger/ Blaney 80-29. (a) Resolution No. 5358: "A Resolution of the City Council of the City of Cupertino Initiating Proceedings for the Annexation of the Island Designated 'Bollinger/Blaney 80-29', Approximately 32 Acres; Generally Located in the Northeast Quadrant of South Blaney Avenue and Bollinger Road." CC-510 Page 11 Payment of Athow claim authorized It was moved b7 Counc. Sparks, seconded by Counc. Plungy and passed unan Res. No. 5358 imously to adopt Resolution No. 5358. adopted 34. Consideration of initiating annexation proceedings - Poppy Drive 80-27. (a) Resolution No. 5357: "A Resolution of the City Council of the City of Cupertino Initiating Proceedings for the Annexation of the Island Designated 'Poppy Drive 80-27', Approximately 3.0 Acres; Generally located on the North and Scuth Side of Poppy Drive Westerly of Foothill BoulE'vard." It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously to adopt Resolution No. 5357. 35. Consideration of initating annexation proceedings - Linda Vista 8D-28. (a) Resolution No. 5359: "A Resolution of the City Councl' of the City of Cupertino Initiating Proceedings for the Annexation of the Island Designated 'Linda Vista 80-28', Approximately 3.8 Acres; Generally Located on the South Side of McClellan Road Westerly of Linda Vista Drive." It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unanimously to adopt Resolution No. 5359. 36. Consideration of i~itiating annexation proceedings - McClellan 80-30. (a) Resolution No. 5~~0: "A Resolution of the City Council of the City of Cupertino Initiating Proceedings for the Annexation of the Island Designated 'McClellan 80-30', Approximately 2.70 Acres; Generally Located on the East and West Side of Madrid Southerly of McClellan Road." It was moved by Counc. Sparks. seconded by Counc. Plungy and passed unan imously to adopt Resolution No. 5360. Res. No. 5357 adopted Res. No. 5359 adopted Res. No. 5360 adopted -. : CC-51O P.12 Res. No. 5356 denied Creston sphere of influence t"fer oP.ed McGowan complaint Co n ti nued Referr~d to ASAC Appropriation for widening of Foothill . KINUTES OF THE .JULY 21, 1980 CITY COUNCIL MEETING 37. Consideration of initiating annexation proceedings - Creaton 80-14. (a) Resolution No. 5356: "A Resolution of the City COlØJcll of ths City of Cupertino Initiating Proceeelings for the Annexation of the Island Designated 'Creston 80-14', Approximately 54.9 Acre!'; r,enerally Located in the Southeast Quadrønt of Highway 280 and Foothill Boulevard." Philip Barney, attorney, stated that he represents approximately 93% of the residenta of the Creston island. These people sre againat annexing to the City of Cupertino. He requested that Council not initiate annexa- tion proceedinga at this time and not take any action until LAFCO has heard the request for a change of sphere of influence. Mike McCarthy, Marsh Gordon and Steve Lewis, residents of the Creston area, spoke in opposition to annexation. It was moved by Counc. Gatto, seconded by Counc. Plungy and passed with Counc. Sparks dissenting to deny Resoluti~n No. 5356. (b) Request of Creston group for transfer from Cupertino sphere of influence to Los Altos sphere of influence. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed with Counc. Gatto dissenting to oppose transfer of the Creston area from the Cupertino sphere of influence to the Los Altos sphere of influence. 38. Summons and Complaint filed in Superior Court, Pamela Jean McGowan et al. defendants. Council accepted the Summons and Complaint for filing. 40. Discuss City Advisory Committee on energy. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unanimously to continue this ite~ as requested by Mayor Rogers. 41. Appoint committee to judge outstanding design i~ connection with City wide projects. By consensus, Council referred this matter to the Architectural and Site Approval Committee. 42. Report and request for appropriation for Foothill widening at Poppy Drive. It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unanimously to appropriate an additional $6,000 from the General Fund to complete the widening of Foothill Boulevard at Poppy Drive. · · . MINUTES OF THE JULY 21, 1980 CITY COUNCIL MEETING WRITTER COMMUNICATIONS 43. None ORDINANCES 44. Second reading of Orelinance No. 1028: "An Ordinance of th.. City of Cupertino Amending Section I of Ordinance No. 2 by Prezoninl Approx mately 3.0 Gross Acres from Santa Clara County Rl-IO Zone to City of Cupertino Rl-IO Zone; Located on the North and South Side of Poppy Drive westerly of Foothill Boulevard." It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unal imously to read Ordinance No. 1028 by title only and the City Clerk's reading to constitute the second reading. It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan- imously to enact Ordinance No. 1028. 45. Second reading of Ordinance No. 1029: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Prezontng Approx mately 6.5 Acres from Santa Clara County Rl-8 and AI-lac Zone to City of Cupertino Rl-7.5 Zone; Located on the South Side of McClell Road Approximately 170 Ft. Westerly of Linda Vista Drive and on the · East and West Side of Madrid Road Southerly of McClellan Road." It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan- iAOusly to read Ordinance No. 1029 by title only and the City Clerk's reading to consticute the second reading. It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unan- imously to enact Ordinance Ro. 1029. 46. Second reading of Ordinance No. 1030: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning Approx mately 32 Grosa Acres from Santa Clara County Rl-6 Zone to City of Cupertino RI-6 Zone; Encompasses Parcels Bounded to the West by Row of Lots on the East Side of Alderbrook ~~e; and to the North by Calabazas Creek and the North Side of Lindenbrook Lane and Brookw~l Drive." It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unan imously to read Ordinance No. 1030 by title only and the City Clerk's reading to constitute the second reading. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unan imously to enact Ordinance No. 1030. · 47. Second reading of Ordinance No. 1031: "An Ordinance of the City of Cupertino Amendin~ Section 1 of Ordinance No.2 by Prezoning Approximately 1.6_ Gross Acres from Santa Clara County RI-IO Zone to City or Cupertino PD Zone; Located on the East Side of Scenic Boulevard Approximately 325 Ft. Northerly of Palm Avenue." CC-510 Psge 13 Second reading of Ord. 1028 Ord. No. 1028 enacted Second reading of Ord. 1029 Ord. No. 1029 enacted Second reading of Ord. 1030 Ord. No. 1030 enacted , CC-510 ~4 reading o rd. 1031 Ord. 1031 enacted Second reading of Ord. 1032 Ord. No. 1032 enacted S.d reading o d. 1026 Ord. No. 1026 enacted First reading of Ord. No. 1034 . MINUTES OF TIlE .JULY 21, 1980 CITY COUNCIL MEETING It waa moved by Counc. Plungy, seconded by Counc. Sparks and pasaed unanimously to read Ordinance No. 1031 by title only and the City Clerk'a reading to conøtitute the second rdSding. It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unanimously to enact Ordinance No. 1031. 48. Second reading of Ordinance No. 1032: "An Ordinance of the City of Cupertino Amending Section I of Ordinance No. 2 by a.zonin. Approxilll8tely .16 Acres from Rl Holdover San Jose Zonin. Dbtrict, to the City of Cupertino Rl-6 Zone; Located at 7415 Plum BloS8Om Drive Located on the North Side of Plum Blossom Drive Approximately 150 Ft. Easterly of Poppy Way." It was moved by Counc. PlunK}', seconded by Counc. Sparks and passed unanimously to read Ordinance No. 1032 by title only and the City Clerk's reading to constitute the second reading. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unanimously to enact Ordinance No. 1032. 49. Second reading of Ordinance No. 1026: "An Ordinance of the City of Cupertino Adding Section 2.04.040 to the Cupertino Municipal Code Establishing a Procedure for Filling City Council Vacancies." It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unanimously to read Ordinance No. 1026 by title only and the City Clerk's reading to constitute the second reading. It was moved by Counc. Plungy, seconded by Counc. Sparks and passed unanimously to enact Ordinance No. 1026. 50. First reading of Ordinance No. 1034: "An Ordinance of the City of Cupertino Amending Section 15.16.050 of the Cupertino Municipal Code Relating to Water CODlllission Meetings." It waa moved by Counc. Plungy, seconded by Counc. Sparks and passed unanimously to read Ordinance No. 1034 by title only and the City Clerk's reading to constitute the first reading. At 12:05 a.m., Mayor RQgers adjourned the meeting to 6:30 p.m., Tuesday, July 29, 1980. ~~''') City Clerk I