CC 04-30-56
p. O. Box 597
C I T Y 0 F CUP E R TIN 0
CUPERTINO, CALIFORNIA
REGULAR MEETING OF THE CITY COUNCIL APRIL )0, 1956
AX 6-7064
Place: Collins School, Teachers Lounge
Time: 8:00 P.M.
Press Present: San Jose Mercury, D. Cox
Sunnyvale Standard, M, Soomil
I
ROLL CALL
Councilmen Present:
Councilmen Absent:
Wilso.n,
Saich
None
Lindenmeyer, Meyerholz, Nathanson,
II READING MINUT~S OF rREVIOUS MEETING
The Clerk was instructed to read the minutes; the following
corrections were noted: Item IV-B page 2 paragraph 4 line 12,
insert "The motion died for want of a second." after sentence
ending "Quito i-C"; Item V-J-) line 9 insert "by such home-
owners" after "assessment districts".
III PETITIONS AND COMMUNICATIONS
A. Written
1. Assemblyman Bruce Allen responded to the City's letter on
behalf of SB-28 and AB-)6. Congressmen Allen reported that
these bills had passed both Houses of the State Legislature
and together create the State Office of Planning within the
Department of Finance. This will make Federal funds avail-
able through this State Office for the actual conduct of City
Planning Commissions.
~d by Councilman Nathanson that a Councilman and the
Chairman of the Planning Commission meet with Bruce Allen to
see that Cupertino takes advantage of the provisions of the
above measures, and for further clarification of the bills;
seconded by Councilman Lindenmeyer and carried by voice vote.
No dissent heard,
2. A copy of an application to the State Utilities Commission
from Palo Alto Transit Lines was read. The application des-
cribed proposed new routes, some of them in the Cupertino
area. The letter was referred to the Planning Commission for
further study
). A letter from the State Board of Equalization was read;
the report contained the most ~ecen~ information on the fis-
cal effect of any action that the County may take under the
Bradley-Burns Uniform Local Sales and Use Tax Law. According
to the revis3d estimates, the City of Cupertino would stand
to receive $54,200.00 from a 1% St~te collected tax for fis-
cal year 1956-7, The figure is increased to $75,400.00 for
1957-8.
4, The Pacific Gas & Electric Company answered the City's
recent inquiry as follows: All of the lighting district lies
within the City Limits of Cupertino and no other street light-
ing districts are within the City Boundaries. The expiration
date of our street lighting contract with the Cupertino Light-
ing District of Santa Clara County is July 1, 1956; however,
since all the area is within the limits of the City of Cuper-
tino, the County lighting district will be dissolved by
incorporation proceedings and the obligations assumed by the
City, The County may then discharge its obligations by tran~
ferring unexpended funds available, presumably to the en0. of
the current fiscal year.
5, A petition presented to Cupertino City Council by Joh'è
Martin requested that the undersigned resident ani property
owners be excluded from the City of Cupert ino. The >- 2oper'_
in question lies west of the Sunnyvale-Saratoga Road and
north of Wardell Road.
Moved by Councilman Lindenmeyer that the Martin petition
be filed until the outcome of "Stelling l-C" is known;
seconded by Councilman Saich and carried S - o.
- 2 -
B. Oral
1. Attorney Anderson said that a representative of i.G.&E.
is presently before the Council concerning a franchise
resolution and proposed Ordinance under which i.G.&E. will
pay a certain sum to the City of Cupertino, apart from the
Business License Ordinance, one clause of which expressly
excludes them. Moved by Councilman Meyerholz that we recon-
sider the previous motion for granting of the electric and
gas franchises in order to establish protest hearing date and
a publishing time. There was no second to the motion.
Councilman Nathanson observed that in most cases P.G.&E.
is located within the City concerned. This is not so in
Cupertino's case, and road maintenance becomes a problem.
Mr, Sloan, representing P.G.&E., expressed the desire to
remain on good terms with the City. Usually, he said. P.G.&E.
can keep the franchise payments apart from other questions.
He noted that Cupertino would get the payment which previously
went to the County. This figure is in the neighborhood of
$1200.00 per year. Councilman Nathanson favored further
discussion with p.G.&E. in the hope of reaching a more equit-
able agreement, one more favorable to Cupertino. Mr, Sloan
said that the franchise payments would not differ even if the
plant was inside the city limits. There seemed to be consen-
sus on the Council that p.G &Ec should make some provision
for wear-and-tear on City streets caused by the Utility's
vehicles. Mr. Sloan s~id that there are no legal business
taxes levied by Cities on Public Utilities, according to the
State Constitution. In 1933 the law allowed a City to impose
a franchise tax on a ~ublio Utility to be levied by the State
Board of Equaliz/;ltionc Councilmau Nathanson said that he
would like Attorney ànè.er30n to continue the discussion with
P.G.&:F.. ,..ttorney Anderson felt that we should not act has-
tily, lést we d~scriminate against other tax~ayers< Mayor
Wilson di~ected ~he City Attorney to open negctiations.
IV UNFINISHED BJSINESS
A. Ordinance:L.fC'r adopt ion
None
B. Homestead ¡~ndamus
Attornèÿ Al1derson--reported a ruling by the Court on Friday,
April 27th. The findir:g w_,s i"l'1 C4pe..'t~11'J' s favol'" By virtue
of Sunr:yvale's refusal to W2~t tee s~i~~lateè 20 àays, they
lost tLeil' r! gnts and became subjec"_ .~(j Cupertino' s rights,
The defendants' 6.emu~'rer 'Nas OVel'rl':.,, ee. 011 the basis of this
ruling, At':.C\rne.j ;"cnd¿rf>on reconmenèe(i that the CC\uncil wait
20 days t'J è.e';ermine what Sunnyva:", ~¡ill do. He asked the
Council whethe~' it w1.st.ed to pl¡r......e ..~¡; a·~"'"c!!: )n Sunnyvale's
uninhabHed. a'me:xat ions, he a iied th3 t Sur.n~·vale might d::oop
"Ortega #J:',
C. Finances U:1i:J2!ases of C.illk~.i!ff~:<~
The City Clerk estimated hiE office expenqes at $6500>00 and
reported that subvention money accrulng to the City would
fall in three classifications, that 1s: gas tax allocation,
alcoholic beverage fees and motor vehicle license fee fund,
with the fourth possibility of so called "Christmas Tree"
money. Receipts from the alooholio beverage fund were esti-
mated at $800.00 per year.
D. Selection of City Treasurer
Councilman Nathanson reported to Mayor Wilson that Earl
Foster is willing to accept the position. General discussion
on the function and responsibility of a City Treasurer fol-
lowed. Consensus had it that Earl Foster be appointed as
City Controller, and it was so moved by Councilman Li)~eY~~
- seconded by Councilman Saich and carried bY voice vcte,
no dissent being heard. The Clerk was instructed to inform
Earl Foster of this fact, and arrange a meeting involving
the City Treasurer, City Controller and City Clerk.
- J -
E. M1scellaneous
1. Councilman Lindenmeyer mentioned use of some ~JOOO.OO
in the treasury of Sanitation District #7 for sewerage
purposes. Now that the roads are being torn up might be an
economical time to do some sewer work. Counc11man Meyerholz
stated that there would be no advantage in doing this if
tunneling were necessary.
2. Councilman Lindenmeyer also mentioned the matter of
County contracts. The Attorney said they are in the process
of being drawn.
V NEW BUSINESS
A. Attorney's Report
None
B. Report of Finance Chairman
Councilman Meyerholz reported a balance of $685.15 as of
April 23rd, plus $445.00 received at the present meeting.
The Finance Chairman had six warrants before him, totaling
$205.53. Moved by CO'.1ncllman Lindenm~yer that the warrants
be signed and that the bill from Carlisle & Co, be paid;
seconded by Councilman Saich and carried S - o.
C, Report of ~oads and Maintenance Commissione~
None
D. Report of Police and Fire Ch~ef
None
E. Report of Building and Health In8pector
None
F. MiscelJ.e.ne,)us
Coun0D.ï:ãñsaich suggested d::'afting' a Subdivif'ion Ordinance.
This 1?:compted g"me:'al á.iscusr;lon during which the Council
expressed interesT. i'1. s~ch an úrd:;'na~'lct. One of the primary
conce~ns in a Subdivis:on Ord.inanoe wou:d be specifications
as to lc..t sizes. Ch,Ü:'man Leonard of the .?lanning Commission
asked the Councll jf it preferred e.n Ord.lnance coupling home
val~~ w,th }.ot s'-ze, or whetr.er the taxable valu~, i,e"
asse3sed -¡¡Üu€, Ho¡,;ld be used. Govncilman r1eJ'er:lolz thought
that a S¡,;odivisi)n Ordinance was ir orá.er in which such
details as curbs, gutters, setbacks, st0rm d::'ains, etc. are
describeá.. Pla~1:rg Commission Chairilla~ Leoúard questioned
the fe".f.lbili ty of drafting a Subdi vision ()~c:1 na'1.ce specify-
ing detócils ur,':;i'_ the sewer prcbler., anri t'1e ]'oad3 and highwa¡'
problem ~e~~ 5et~~~d>
Au("'the~' !J¡3tte::- lleLtio.!c,ll 0ù~'l<.)ern:;l. sch,:C'l si ;:,es, The
schoo: e; str:0t mr..:r '")e ;:\,;:,cr,as:n¿; e>l';"¡¡ wlth(;ut realizing
populat ion <iev el')Fme~1t,
VI ADJOURN~ENT 3t 1:~ù0 P.M,
}l~~;~ctI·~l:y ~~bQitted,
J~'-V-.-LL~ ( <. 'JJ CL",-G:
Lawrence K. Martin
City Clerk