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CC 04-21-69 CITY OF CUPERTINO, State of California 10300 Torre Avenue, CUpertino, California 95014 Phone: 252-4505 MINUTES OF THE REGUI.AR MEETING OF THE CITY COUNCIL HELD APRIL 21, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUH:RTlNO, CALIFORNIA The meeting was called to order at 8:00 p.m. by Mayor Dempster, who subsequently led the assemblage in the flag salute. Councilmen present: Beaven, Fitzgerald, Stokes, Dempster. Absent: Councilman NoeL Also present: City Attorney Anderson; City Manager Storm; City Clerk-Finance Director Ryder; Director of PUblic Works Yarborough; Senior Planner Laurin; Assistant Planner Eng; Chief Build- ing Inspector Benevich; Director of Parks and ReCDeation Parham; Re- cording SecretarJ Lucie M. Mat z ley . Councilman Stokes requested that the minutes of April 7, 1969 show the following definition: on page 11, the sixth paragraph's last line to read" . . explatning "that hE! waS noti" agreement with thê motion." CC-9 call to order flag salute roll call Councilman Beaven moved, Councilman Fitzgerald secQnded and it was minutes passed unanimously to approve the minutes of April 7, 1969 as corrected. approved City Clerk Ryder advised the Councilmen that he was in receipt of the following written communications: 1. Letter from P. Brien Wilson requesting that the Cupertino Cab Company be permitted to change its name to Yellow Cab of CUper- tino, as well as advising of a change in the rates charged; 2. Letter from Mr. Ro~er Wooley, appealing the Planning Commission decision on Application 9-z-69. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passe unanimously to schedule a public hearing for the appeal of Planning Commissi0n decision on Application 9-z-69. Mr. Wilson, whose written request had previously been read, appeared before the Councilmen, stating the,t he was seeking a change in name for the cab company as an attempt to transfer ownership to Cabs Unlimited was being negotiated. Thus, he requested a public hearinÌi: of the matter under the provisions of Ordinance 13. written cOJlllllunications hearing scheduled .. Councilman Fitzgerald ~ved, Councilman Beaven seconded and it was passed unanimously to give minute order directive that the City Attorney and the City Manager process the application and report back to the City directive Council. Mrs.Stella Kester made eo request for a Use Permit for a riding stable. The Mayor advised Mrs. Kester that this would have to go through the Planning Commission and to contact the Chief Building Inspector who wouJ.d assist in whatever was needed. page 2 planning 5-TM-69 approved 4-TM-69 approved 6-TM-69 approved h control 357-HC-68 approved 374-HC-68 approved' 400-HC-69 approved Minutes of the City Council April 21, 1969 CC-9 Mayor Dempster recognized and welcomed a group of students and their in- structor from various high schools in the Fremont Union High School District who attended the Council meeting as a "Youth in Goverl1ll\ent" project. Report of Commissions A. Planning Commission Planning Commission Chairman Frolich presented the minutes of April 14, 1969. The listed applications were discussed briefly. Councilman Stokes requested the record to show that he was abstaining from all discussions in connection with Application 5-TM-69. Councilman Fitzgerald moved, Councilman Beaven seconded to approve Applic- ation 5-TM-69. The motion passed 3 - 0 with Councilman Stokes abstaining. Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously to approve Application 4-TM-69. Councilman Beaven moved, Counci~Fitzgerald seconded and it was passed unanimously to approve Application 6-TM-69. B. Architecture and Site Approval Committee H Control Chairman Small presented the minutes of April 9, 1969 as well as the minutes of the adjourned regular meeting of April 19, 1969. Mr. Orell, representing Mr. Slater on Application 357-HC-68, explained that the landscaping had been planned by a landscape arch: .tect and that only Dl'UBhroom lights would be utilized. Councilman Stokes moved for approval of Application 357-HC-68, Councilman Beaven seconded and it was passed unanimously. Chief Building Inspector Benevich explained that the roofing for Applic- ation 374-HC-68 was now in conformance with the standards set by Vallco Park. Councilman Stokes moved, Councilman Fitz.erald seconded and it was passed unanimously to approve Application 374-HC-68. Chief BuildiD¡ Inspector Benevich explained that Application 400-HC-69 was a. proposal for a speculative building and that lot #4 was immediately adjacent to the State Corporation Yard. Further, that redwood trees had been thought most attractive for all lots and had been requested for continuity. I Councilman Stokes moved, Councilman Beaven seconded and it was passed unani- I mously to approve Application 400-HC-69. Minutes of the City Council April 21, 1969 H Control cont'd Mr. Daniel Donovan, attorney for the applicant, presented Applic- at1òn 403-HC-69 which had been discussed at the Council meeting of April 16, 1969. Mr. Donovan reviewed the application in more detail than had been done at the submission of the original request to the City Council and submitted artist's renderings of the locatiòa and appearance. Councilman Fitzgerald moved, Councilman Beaven seconded and it was passed unanimously to approve Application 403-HC..p9. c: Parks and Recreation Commission There had been no meeting of this Commission, there were no minutes. Public Hearings A. Application 6-z-69: Skaggs Payless Drug Stores, N.A. Billa- wala and P. W. Supermarkets, for rezoning from single-family Agricultural-Residential one-acre lots (Al-43) and Planned Development (p) zone to General Commercial (CG-rg) zone. (Ordinance No. 436 on first reading). Mr. Don Eaton, Vice President and House Counsel for Skaus Payless Drugs, presented the appljcation emphasizing that in-depth studies had been made of the area. as to its suitability for this venture. According to Mr. Eaton, this location was economically impressive and the areis population and density lel:ld theuelves to just such an oper- ation. Mr. Eaton further explained that this venture would be com- pleted in two phases, phase I to include the Payless Drug Stores and the P.W. Supermarket, with Phase II planning the as yet uncommitted rental structure. Mr. Eaton commended the Planning staff for the efficient and effective assistance they had rendered and stressed the fact that this was not a speculative venture but one that was well thought-out and financed. According to Mr. Eaton, the existing service station on the corner of Homestead Road is not a part of this application, however, the pro- prietor of the service station had consented to bringing the station up to the standards that will be set by this construction; i.e. re-paving, landscaping and generally policing the property to make it aesthetically pleasing. Mr. Eaton pointed out that the street as requested by the Plannin¡ Commission would be a fully dedicated street so that the planned con- structions to the rear would have necessary access. Councilman Beaven noted that Planning Commission Resolution No. 626, by which this application had been approved at that level, made specific mention of the fact that the approval of this application in no way constituted the approval of the proposed service station. The applic- ant stated that he was aware of this statement and that, no matter what was planned, a proposal would have to receive prior approval from the various Commissions and the City Council. ..:." CC-9 page 3 403-HC-69 approved parks 6-z-69 legeDd page 4 p. h. closed 6-z-69 approved motion &mended 7-z-69 legend p. h. closed 7-z-69 approved Minutes of the City Council April 2l, 1969 Application 6-z-69 cont'd CC-9 There were no audience comments. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimous¡y to close the public hearing. Councilman Stokes inquired as to the width of the proposed planting on the exterior perimeter and was informed that it would be ten feet. Mr. Stokes recalled that some commercial developments had been permitted a reduction in the width of the sidewalk, Vallco Park for example, to afford a much more attractively landscaped perimeter. Councilman Stokes felt that constructions of this nature attract mostly automotivL traffic and hardly any pedestrian traffic and that a reduction in the lO' wide sidewalk requirement might be considered by his fellow Councilmen. Mr. Stokes also asked questions relative to the building materials, whether the applicant was aware of the strict sign ordinance of the City of Cupertino and if the applicant anticipated possible outdoor sales. Mr. Eaton stated that, with a 15' sidewalk extendin¡ under the canopy, only shrubbery would be displayed outside which would enhance the appear- ance of the building frontage, but that no fertilizer or such items would be sold outside the structure. Councilman Fitzgerald moved that application 6-z-69 be approved and that Ordinance No. 436 be read by title only and that the Mayor's reading of same constitutes a first reading. Councilman Stekes seconded. Councilman Stokes amended the motion to read that the Council waives the 10' sidewalk requirement with the condition that there will be a five foot sidewalk with an additional five feet of landscapin¡ to be added to the landscaping presently proposed. Councilman Fitz¡erald seconded. The amendment passed 4 - 0, after which the motion was passed unanimously. B. Application 7-z-69: Joseph and Rose Evulich, for rezoning of property from County A¡ricultural-Residential 40,000 sq.ft. lots (Al-40) zone to sin¡le-family residential 7,500 sq.ft. lots (Rl-7.5) zone. (Ordinance No. 437 on first readin¡). Mr. Joe Evulich presented the application which was briefly discussed. There were no audience comments. Councilman Stokes moved, Councilman Fitz¡erald seconded and it was passed unanimously to close the public hearing. Councilman Fitzgerald moved to approve Application 7-z-69 and that Ordinance No, 437 be read by title only and that the Mayor's readin¡ of same consti- tutes B first reading. Councilaan Beaven seconded and it was passed unanimously. Minutes of the City Council April 2l, 1969 C. Application 8-z-69: Gary ~. Stokes, for rezoning from single- family residential 10,000 sq.ft. lots (Rl-lO) zone to single- family residential 7,500 sq.ft. lots (Rl-7.5) zone. (Ordinance No. 438 on first reading). Councilman Stokes requested to abstain from all discussions on this application. Mr. Kenneth R. Boyd made the presentation and briefly explained the proposal. There were no audience comments. Councilman Fitzgerald moved to close the public hearin¡. Councilman Beaven seconded and the motion passed 3 - 0 with Councilman Stokes absta,ining. Councilman Fitzgerald moved to approve Application 8-z-69 and that Ordinance No. ~38 be read by title only and that the Mayor's readin¡ of same constitutes a first readin¡. Councilman Beaven seconded. The motion passed 3 - 0 with Councilman Stokes abstaining. D. Appeal against Application 3- U-69, grantiD¡ a Use Permit for a 48-unit motel and coffee shop to he COnstructed near the north- west corner of Stevens Creek Boulevard and Blaney Avenue. Sub- mitted by Mrs. Warner Wandry. C Continued from April 7, 1969) Mr. Ernie McConnell of 2419 Stevens Creek Boulevard stated that he was surprised to find the opposition to the 42-unit (listed incorrectly as 48-Unit) motel and coffee shop, maintaining that a motel was needed in the area and that the traffic generated by this type of operation was such that it would not at any one time congest the existing traffic anywhere. Mrs. Warner Wandry, who had submitted the original petition acainst the Use Permit, disagreed with Mr. McConnell that a nwtel was needed in this area aad reiterated the six points on which the opposing petition had ori- ginally been based. Mrs. Juanita McLaren, Realtor, disagreed with Mrs. Wandry and stated that a motel of this type was most certainly needed for visitin¡ exe- cutives who come to Vallco Park and other large complexes and who do not have a place to stay. She also did not feel that any additional traffic burdens would be created. Another member of the audience questioned if this would be the best use of the property, citing such considerations as an already heavy commer- cially influenced corner, and the fact that his own residence was only one block removed from the proposed site. CC-9 pace 5 8-z-69 le¡end p. h. closed 8-z-6 approved 3-u-69 appeal Councilman FU?;gerald moved, Councilman Stokes seconded and it was passed p. h. unanimously to close the public hearing. closed page 6 3-u-69 denied acenda placement 5-z-69 lecend Minutes of the City Council April 21, 1969 Application 3-u-69 (appeal) cont'd CC-9 Councilman Fitz~erald stated that he lives within one block of the pro- posed construction and that he is not too excited about havini the motel built but that he was tryin~ to look at the matter objectively. In Mr. Fitzgerald's opinion, there is no need for this motel as some of the larie motel chains are in the process of constructini additional motels in the immediate vicinity and the motel would only add to the already overburdened traffic. Councilman Stokes disaireed that the traffic would be a matter of concern as no throUCh street to a freeway could be considered a residential street in the first place. Mr. Stokes said that he was not opposed to a motel but the plans showed no landscapin¡ and no provisions had been made for the placement of such landscapin~. He reiterated that he was not opposed to the application for traffic considerations, but because insufficient information had been supplied the Council which would render the application an asset to the community. Councilman Stokes moved for denial of Application 3-u-69, Councilman Fitz¡erald seconded and it was passed unanimously. Councilman Stokes moved, Councilman Fitz~erald seconded and it was passed unanimously to place items 1. and 2. under VIII C. in the "Public Hearin¡" section of the a~enda. E. Application 5-z-69: Don O.Bandley, for rezonin~ of property from sin~le-family residential 10,000 sq.ft. lots (RI-lO) and sin¡le- family residential-a~ricu1tural 10,000 sq. ft. lots (RI-IOa~) zone to Planned Development (p) zone. (Ordinance No. 435 on first readin¡). Councilman Fitz~erald requested to abstain from all discussions in connection with this application. Mr. Don Budley presented the application and stated that he did not wish to add anythin¡ to the statements made at the Plannin¡ Commission meetin¡ but preferred to let the record of that meetin~ stand. Mr. Dennis Burrow, the architect for the project, explained the parkin¡ arran¡ement, the plant in¡ strip media, the location, density, aesthetics and financin¡ difficulties. Mr. Bandley mentioned that this application was coupled with a request for multiple zonin¡ for tb.e balance of the acrea¡e which was also listed on this agenda. Mr. Budley further stated that the Plannin¡ Commission had not looked approvin¡ly upon the proposed service station within the development and that his clients would be willin¡ to construct an alternate structure instead of the ¡as station. Councilman Beaven, in response to the last statement, requested that the applicant prepare plans for such alternative and submit same to the Council for perusal, as he felt that Cupertino was already saturated with service stations and there would loCi cally be other developments that could be su¡¡ested instead of a ¡as station. Minutes of the City Council April 21, 1969 Application 5-z-69 cont'd At this point, Mayor D~mpster request~d that Senior Planner Laurin present the density study of the northw~st quadrant of the City, which had been requested by the City Council. Mr. Laurin made the presentation, referring to a previously submitted written report and by utilizing differently colored drawin¡s which showed ~xisting zonin¡s, proposed zonings and land already committed to various zonings. When Mayor Dempst~r call~d for audienc~ comm~nts, Mr. R. D. Koenitz~r of Phar Lap Driv~ spoke in opposition to both applications; Director of Parks and Recr~ation Parham comment~d that the structur~s ~ight be turned in such a fashion that they would not present an unsi¡'M.ly rear view from the propos~d park immediately adjacent; Mr. Frank Smothers, repres~ntin¡ Burt Av~ry D~velopments, stated that the City should exer- cise ri¡id control oV~r this development as it would be located near th~ proposed Avery development which was of hi¡h caliber; and Mr. Granton Ho¡an stated that, if dev~lopers propose high d~nsity con- structions on which they capitalize, thes~ constructions should b~ of th~ highest caliber. Councilman Stokes moved, Councilman B~aven seconded to close the public hearing. The motion passed 3 - 0 with Councilman Fitz¡erald abstainin¡. Councilman Beaven stated that there was, in his opinion, a lack of ima- ¡ination in the proposal and that th~ buildin¡s could be located in suc a fashion as to attempt to ~liminate the "sea of asphalt" by planning suffici~nt landscapin¡ and p~rhaps a fountain. Councilman Stokes said h~ was disturbed not so much over th~ zonin¡ but ov~r the obvious lack of information and detail~d data on wñich to base a decision, and stat~d that the City, althou¡h in no fashion attempt in¡ to curtail a d~velop~rs li~ens~ to construct d~v~lopm~nts, should b~ abl~ to retain some control over what is bein¡ don~ with the lic~nse issued the d~veloper. Mayor Dempst~r agreed with his fellow Councilm~n, suggesting that th~ dev~loper submit an innovated plan showin¡ ¡ood landscapin¡ and a com- plete and concise pro¡ram that could be discussed by th~ City Council. In statin¡ that he was concerned over th~ d~pth of this strip of commercial zonin¡, CouncilJlan Stok~s mov~d to return this application to the Plannin¡ Commission and that the applicant mak~ arrana;~m~nts with the Planning staff to place it on the agenda when he feels he is r~ady with a complete plan so that no more time is wasted. This would not r~quire a new filin¡ f~e. The applicant a¡reed to this request. Councilllan Beaven seconded and the m(¡ tion passed 3 - 0 with Councilman Fitzlerald abstainin¡. CC-9 pale 7 p. h. closed 5-z-69 continued pa¡e8 Minutes of the City Council April 21, 1969 Application 4-z-69: (start) CC-9 4-z-69 le¡end F. Application 4-z-69: Russell L. Holcomb, for rezonina of property from single-family residential 10,000 sq.ft. lots (RI-lO) zone to multiple high-density residential 2,200 sq.ft. minimum (R3-2.2) zone. (Ordinance No. 434 on first reading). Councilman Fitzgerald requested to abstain from all discussion in connection with this application. Mr. Herman Christiansen represented the applicant and submitted the plans and lay-out for this application and reiterated the statements made at the Plannina Commission meeting under date of Marcn l2, 1969. Mr. Christiansen also showed slides of an existing development constructed by his client which showed much open spáce and landscaping althouch the density was 22 units to the acre whereas tne present proposal only called for l6 units to the acre. When Mayor Dempster called for audience comments, Mr. Frank Smotners of . Bert Avery Developments again stressed the fact that the City should retain rigid control over any proposals of this nature, emphasizing that Mr. Christiansen had the very best reputation in the business and that this proposal was undoubtedly sound and not of a speculative nature. Mr. R. D. Koenitzer of Phar Lap Drive commented that a R-l use might be more advanta¡eous than allowina the R3 use of the site. p. h. closed Councilman Beaven moved, Councilman Stokes seconded to close the public hearin¡. The motion passed 3 - 0 with Councilman Fitzgerald abstainina· In response to a statement made by the Director of Parks and Recreation, Councilman Stokes stated that perhaps the Central Park should not be initiated if it was the feelin¡ that only a certain segment of the Cupertino popu- lation would be able to utilize the park facilities. Mr. ParhBJII defined his comment to mean that only certain facilities, such as tennis courts, would be crowded at all times but that the park would be sufficient for the entire City. Mayor Dempster emphasized that the developer was proposin¡ certain recre- ational facilities within the development itself, and that there would be no influx of small children in the development so that the park mi¡ht be used as much or as little as it would without the proposed development. Councilman Stokes queried certain statements as made by the applicant which did not disclose the ownership of the proposal and asked if the applicant was willing to divul¡e such information. The applicant obliged to the apparent satisfaction of the Councilmen. Councilman Stokes asked if it would be possible to have interim reviewin¡ of the proposal with the staff so that much time, energy and money mi¡ht be saved wnich would be wasted if the plans were to progress to such an extent where changes would create a definite hardship on the developer. Minutes of the City Council April 21, 1969 Application 4-z-69 cont'd City Attorney Anderson suggested a unit approval, each unit to be approved by the Planning Commission and the City Council, when the drawings for such units are completed. Mr. Anderson cautioned that the applicant should be asked if he considered such interim review a reasonable request. The applicant answered in the affirmative. Councilman Stokes moved for approval of Application 4-z-69 with an additional condition 14) that the dedication for Stelling Road be made at this time; and that Ordinance No. 434 be read by title only and that the City Attorney's reading of same constitutes a first reading. Councilman Beaven seconded, the motion passed 3 - 0 with Councilman Fitzgerald abstaining. Mayor Dempster called a recess at 10:55 p.m. The meeting reconvened at ll:lO p.m. Ordinances Ordinances 436, 437, 438 and 434 on the listed a¡enda had previously been disposed of. 4. Second reading of Ordinance No. 432: Rezoning of property from single-family residential (Rl-IO) zone to General Commercial (CG) Zone. Approximately .23 acre located east side of Foothill Boulevard, 300 feet south of Stevens Creek Boulevard. Councilman Fitzgerald moved that the Ordinance be read by title only and that the Mayor's reading of same constitutes a second readin¡. Council- man Beaven seconded. The motion passed 3 - 0 with Councilman Stokes abstaining. Councilman Fitzgerald moved for enactment, Councilman Beaven seconded. Ayes: Councilmen Fitzgerald, Beaven, Dempster Noes: None Absent: Councilman Noel Abstain: Councilman Stokes CC-9 pa¡e 9 4-z-69 approved recess disposition Ord. 432 legend second reading enacted 5. Second reading of Ordinance No. 433: rezoning of property from Ord. 433 single-family Agricultural-Residential l-acre lots (Al-43) zone legend to single-family Residential 7,500 sq.ft. lots (Rl-7.5) zone. Approximately l.9 acres located west side of Bubb Road between Regnart Road and Conradia Court. Counci~1 Stokes moved that the Ordinance be read by title only and that the Mayor's reading of same constitutes a second reading. Council- man Fitzgerald seconded and it was passed unanimously. second reading page 10 Ord. 433 enacted ~"'~.. ),7.79 adopted Res. 1780 adopted Res. l78l adopted Res. 1782 adopted Res. 1784 adopted ReS. 1785 adopted Minutes of the City Council April 2l, 1969 CC-9 Ordinance No. 433 cont'd Councilman Stokes moved for enactment, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Dempster Noes: None Absent: Councilman Noel Resolutions 1. No. 1779: approving payroll for the period ending April 15, 1969 City Treasurer Fitzgerald presented the payroll. Councilman Stokes moved, CouncilmaL Beaven seconded for adoption. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Dempster Noes: None Absent: Counci lman Noel 2. No. 1780: approving mis cellaneous and general expenditures City Treasurer Fitzgerald presented the list of expenditures. Councilman Stokes moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgeral~ Stokes, Dempster Noes: None Absent: CoUncilman Noel 3. No. 1781: approving annexation designated "Southern Pacific 69-2" Councilman Stokes moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Fitzgerald,Stokes, Dempster Noes: None Absent: Councilman Noel 4. No. l782: accepting quitclaim deed and authorization from Ditz- Crane Corporation Councilman Stokes moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, Dempster Noes: None Absent: Councilman Noel 5. No. l784: accepting dpdication of re&L property for roadway purposes from Albertson's Inc. Councilman Stokes moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilmen Beaven, Fitzgerald, Stokes, D~ster Noes: None Absent: Councilman Noel 6. No. 1785: accepting dedicati,on of real property for roadway purposes from Sutter Hill Development Company. Councilman Stokes moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilman Beaven, Fitzgerald, Stokes, Dempster Noes: None Absent: Councilman Noel Minutes o£ the City Council April 21, 1969 Resolutions cont'd 7. No. 1787: renaming avenues and drives within Tract #4658, Somerset Square, Unit 2. Councilman Stokes moved for adoption, Councilman Fitzgerald seconded. Ayes: Councilman Beaven, Fitzgerald, Stokes, Dempster Noes: None Absent: Councilman Noel Unfinished Business Items B. 1 and 2. as well as C. 1. and 2. had previously been disposed of. D. Acceptance of improvements at Oak Knoll subdivision, subject to report on status of planting street trees. Director of Public Works Yarborough reported that the developer had been contact~d and that he had agreed to proceed with the planting of trees in Unit #3. Mr. Yarborough asked for authorization to direct the deve- loper òo deliver the as yet unplanted trees for units 1 and 2 to the City's Corporation Yard. Councilman Stokes moved to accept the improvements of Unit #3 as re- quested by the Direc"or of Public Works and direct the developer to deliver the trees for units 1 and 2 to the Corporation Yard. Council- man Beaven seconded and it was passed unanimously. New Business Councilman Stokes asked if additional applications had been received for the appointments to the various Commissions and Committees. The City Clerk's answer was negative, Mayor Dempster suggested that the news media assist in advertising that appointments will be made shortly and that any interested citizen contact the City Clerk's Office by letter indicating their interest to serve. Councilman Stokes suggested that the matter of the appointments be discussed on May 5, 1969 at 7~30 p.m., one-half hour prior to the regularly scheduled Council meeting. The Council concurred. Report of Officers A. City Treasurer There was no further report from the City Treasurer. B. City Manager Mr. Storm reported on the Mary Avenue overcrossing matter, stating that he had discussed the proposed agreement with the City Attorney who had suggested the inclusion "If the following sentence "It is the intention of the parties and of J.L. Eichler that all things necessary to be done by Cupertino and Sunnyvale be completed and the purchase price therefor be paid into escrow not later than May l5, 1969". CC-9 pl4j;e 11 Res. l787 adopted disposition improvements accepted treasurer manl4j;er page 12 agreement authorized attorney reply approved Minutes of the City Council April 21, 1969 Report of City Manager cont' d CC-9 Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to authorize the agreement as amended by the City Manager. Mr. Storm also ela:borated on matters previQusly submitted in his written departmental report, i.e. the April 17, 1969 Highway Commission meeting and the matter of Westacres Sycamore trees. After same discussion on the Sycamore tree subject, Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously to refer this matter to the City Attorney and the City Manager for a detailed report. C. City Attorney Attorney Anderson reported that he was in receipt of a letter from the Attorney General in which the City of Cupertino was asked if ,it wished to join the .litigation against leading oil companies for price fixing which liti¡¡;ation might result in some income to the City. Attorney Anderson recommended that, because the small amount of return would be about $500, the City decline to join the litigation and that he be authorized to inform the Attorney General to that effect. Councilman Beaven so moved, Councilman Stokes seconded and it was passed unanimously. Attorney Anderson reported on Council requested research of the City's Business Licensing Code on the matter of veterinary clinics as opposed to kennels. According to Attorney Anderson, the Code was sound and should be retained in its present form as Cupertino might seme day have a kennel in its environs and the classification was needed. City Attorney Anderson recommended that the classification for Dr. Brown be determined administratively as provided by the Code and that he be charged only a veterinary clinic charge of $25 and not an additional breeding kennel charge of $100. publ.workll D. call for bids lignals OK'ed Director of Public Works Mr. Yarborough explained the proposed Bubb Road Improvements by the utili- zation of visual aids and reported on the cooperative efforts of the County and San Jose to contribute to the project to make the entire road more accept- able even while under the jurisdict~on of the three agencies. Councilman Beaven moved, Councilman Stokes seconded and it was passed unanimously to give minute order approval to let the project go to bid. Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously to accept the Voss Avenue/Foothill Boulevard traffic signals as recommended by the Director of Public Works. There were no further reports from the Senior Planner, the Chief Building Inspector, the Director of Parks and Recreation and the City Clerk-Finance Director. Minutes of the City Council April 21, 1969 CC-9 page 13 Councilman Beaven moved, Councilman Stokes seconded and it was passed unanimously to adjourn this meeting to May 5, 1969 at 7:30 p.m. adjournment The meeting adjourned at 11:45 p.m. ~¿fi~ City Cler APPROVED: ATTEST: