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CC 03-04-57 'P, 0., Box 597 Al 2-4505 C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA REGULAR MEETING OF THE CITY COUNCIL MARCH 4, 1957 Place: Collins School, Teachers Lounge Time: 8:00 P,M, Press Present: D, Cox, San Jose Mercury tI, Soomil, Sunnyvale Standard E, Norton, Cupertino Courier I ROLL CALL Councilmen Present: Councilmen Absent: Llndenmeyer, Meyerholz, Nathanson, Saich !>l11son None II THE HIÌ\'UTES OF TEE PREVIOUS f'IEETING 0:' FT<:BRUARY 18, 1957, were read; the following corrections were noted: Item v-F-6, delete "the state of the City finances"; insert "whgt funds are avàil- able for parks and recreation and what methods of financing are possible". Item IV-C, Councilman Meyerholz requested that the sentence concerning the doctrine of esto~pel be deleted. Item IV-E, I-Ia.yor Wilson requested that the minutes be expanded as follows: The VFW feels that ,40 is too nrnch money for the signs depicted, IV A, Considered next, Stelling l-C R~vised Annexation Hearing Mayor Wilson referred to the maps showing the east and west of Stelliq; B09d from _,cClellan to Bubb as shown on the Map of Records, Santa Cb,ra County at 1 :.)0 P, iI" Barch 4, He indicated that the City of San Jose had recently annexed territory contiguous to all of the parcels in Stelling l-C Revised, He also described the manner by which San Jose could annex their properties a few at a time by combining with larger properties on the west side of Stelling Road, across the street, The Mayor said that Cupertino is striving to remain rural, He maintained that these people should join Cupertino while they are able since they can be annexed in an "unin- habited" if San Jose delineates an area with fewer than twelve qualified voters. Bernard Caughey, spokesman for the residents stated that the group does not wish to join the City of San Jose, nor did they necessarily choose to reject Cupertino as such, but they prefer to remain unincorporated and are willing to take a calculated risk, A discussion concerning "greenbelts" developed and several parties explained that the greenbelt was no guarantee against annexation. Property of a Mr, Olsen, presently involved in a law suit with the City of Sunnyvale, was annexed while designated a greenbelt, Other methods of annexing a greenbelt were mentioned, Mr, Caughey acknowledged th3t the group had taken note of the higher tax rate in the City of San Jose but, said that this was not the sole factor since most of the parcels in the annexation were sm:Ül, Primarily, he saie'i, the group is interested in a certain way of life, in which they retain the zoning necessary to permit a few livestock, etc, The group is afraid that Cupertino will change its plans; the Council may change and a new young group may prove ambitious, etc. endangering the A-2, B-4 zoning in effect, Co~ncilman Meyerholz said that a property owner across the street could be persuaded to annex to San Jose, or, ownership could change hands and a new owner would be prevail- ed upon and several of the parcels in Stelling l-C revised would be dragged along with it, He said that he had been elected to protect the in erests of the community in remaining rural. Charlie Baer told of his situation in San Jose's Madera No. 8 annexation in which Alves and Arle;to chanRed their roJ:¡¡èp and ¡.;j,t''ll:e'!1 !)Z'otests only to ::'eRJ"l'. la"",' -,,' "'0 r~':,¡":, :, made th€m are l.lkely to be broken. Mr, Caughey requested a recess to enable the group to caucus on the matter, Councilman Nathanson said that the Cupertino Council is not annexation minded; however, they had seen the oper tions of the surrounding cities and must defend themselves, He added that the League of California Cities is a powerful pressure group and will lobby against extension of the greenbelt law. Relying on a property owners claim that he will not sell is a very uncertain business and it is his observation that the laws themselves are not always upheld. After the recess Mr. Caughey announced that the group had decided to wait two weeks in order to give further consideration to the matter. A formal protest was filed but the p~operty owners reserved the right to withdraw protests on or before March 18. City Attorney Anderson described a case in which the Court itself' was unable to determine which of three annexa- tions was in effect and which was currently heing pursued, Informat:'.o'n furnished by the San Jose Cl ty Attorney indicated th'3t tr8 !:Jassage of the local sales tax is one of the main reaSOTIS fcr annexation attempts, Mcved hy Councilman Lindenmey~r ,tb~t the hearing be QQnt~r~9~1 at th~ext regula~: illeetin~. ~arch 18; seconded by Co~ncl1ruan Saich, carried 5 - o. III PETITIONS AND COil ,UNICATIONS In the interest of time no communications were read. B. Oral Dõñ-Hartman referred to the old Cupertino Union School and told the Council that the State of California had invali- dated the sale of the property, Now an electronics company would lik~ to :.ease the building and grounds with the possibility th8t they will establish a permanent plant in Cupertino. Counsel for both State and County has advised them that they are free to lease the property to this firm. Mr. Leonard said that the Planning Commission is prepared to make certain recommendations in the form of a resolution relative to a use permit for the electronics company mentioned, The resolution would grant the use permit sub- ject to certain conditions. Mr, Hartman said he felt that some of the stipulations in the resolution would make it difficult for the company to lease the property. He said that time was important and hoped that agreement could be reached BS ouickly as possible, Councilman Lindenmeyer moved that the City Council nccept item No, 2 of the report 2f...J'lannilliLCùm1JJi~l.sm..~ th.!L..City Council '3- 1-'57. Item No> :3 stC¡tes th[)t "the Com~,is;ion pass the attached Resolution (aforementioned) by a 5 - 0 vote, It sets forth the conditions under which the Commission would be willing to prant a permit for Amp~x Corporation use of the old Schoo 1 building, II Hr. Leonard read the use permit conditions at this point, Neil Chase, representing Ampex, said that the electron- ics company had as¡{ed him to secure 8bout 20 acres on a well tr9vele~ site near a spur track, Ampes needs 20,000 square feet for a temporary assembly line to train ~mployees, They would like to erect a 40,000 square foot building thereafter on a lease option deal. Ampex wOcld like to move into the school building between March IS and April 1. Mr, Chase said there are four or five excellent locations in the City of Cupertino. If it develops th8~ a use permit will be granted and Ampex can use the school :1uilding then would be the time for Cupertino to put a deletation in the field in order to pursuade Ampex Company to sbttle here, Mr, Chase recommended the elimination of Sedioil II-)-B which stated "this proposed use permit is to expire at once upon the happenlng of anyone of the following events: This firm or its sgents buy a site and begin construc~ion outside the Cupertino Union School District (in the even", the firm secures a site within the City of Cupertino the ccncern will be allowed one year following the beginning of actual con- struction to move to their new plant), Councilman Meyerholz stated that he wants a guarantee that the school will not be made a general manufacturing plant. Councilman Nathanson suggested a lease of one year including a termination clause effective within thirty days. Mr, Chase cited advantages to the City and School District if Ampex were allowed to locate in Cupertino, namely, maintenance of the school building and groID1ds, sewer funds, and a good chance to enhance the tax base permanently by persuading Ampex to build a new plant in the City. Mr, Chase explained that he and the company objected to the obligation to purchase within the Cupertino School District. He said it was not good business for Ampex to operate under those terms. Councilman Lindenmeyer amended his prior motion to move adoution of the Plannin~ Commission recommendation with section 1I-3-B deleted; seconded by Councilman Meyerholz and carried) - 2, Councilmen Saich and Nathanson voting nay, IV C Miscellaneous l. Councilman Meyerholz requested a resolution transferring ~2500 from the General Fund to the hoad Fund. Leonard McCarthy estimated that twenty-one tons of plant mix are needed on Stevens Creek Road at ~17 a ton plus about ~lOO worth of sealing material. Mr. Meyerholz moved the transfer of the fu~; seconded by Councilman Saich, carried 5 - O. Councilman Lindenmeyer moved that tlOOO be apnropriated for immediate expenditure on roads; seconded by Councilman Saich, carried 5 - O. 2, Councilman Saich moved that the Comprehensive !'!ultiple L abl1it Covera for the Cit of Cu ertino and its officers and city officials be paid -ì 09,1 ; seconded by CO'Æcllman Lindenmeyer, carried 5 - o. V ADJOURNMENT - 10:45 P.M. Respectfully submitted, , 1<..w-\9.cJ.-.U t< [K(t~ LAWRENCE K. MARTIN City Clerk