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CC 04-23-56 P. O. BOX 597 AX 6-7064 C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA REGULAR MEETING OF THE CITY COUNCIL APRIL 23, 1956 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: Wilson, Lindenmeyer, Nathanson, Saich Meyerholz II READING MI~NTES OF PREVIOUS MEETING The Clerk read the minutes of the April 16th meeting. The following corrections were noted: Item IV-A-2 insert "especial- ly" before the phrase "over the weekends"; Item VI-C line 2, delete "other" and insert "from sources other than the County" after "roed maintenance"; Item VI-F line 6, substitute "and with" for "appointed" and add "presiding" after pro tem, III PETITIONS ANL COMMUNICATIONS A. Written 1. A letter from the City of Santa Clara was read, The letter mentioned the proposed sewerage discussion and suggested a joint meeting early in May. 2. Mr. Joseph McKinnon reported that Ordinance No. 305.1, adjusting judicial bounQaries, was adopted on April 9, 1956, and will be in effect in 30 days. 3. Governor Knight's letter on the traffic safety program was read, 4. A letter from the Office of Civil Defense, Santa Clara County, described evacuation plans in the event of emergency. B, Oral 1. Moved by Councilman Nathanson that the City Clerk contact Judge Forrest Bentzeim re distribution of fines arising from citations issued by officers in the name of, and within, the City of Cupertino; seconded by Councilman Lindenmeyer and carried 4 - O. Councilman Nathanson reasoned that the services of a certain few police officers had been transferred to Cupertino by verbal agreement, since the City of Cupertino is not as yet empowered to enter a written contract, Copies were also directed to Sheriff Hawley and Captain Tressler of the Highway Patrol. 2. Councilman Nathanson reported that Mayor Starbird of San Jose is willing to cooperate in solving Cupertino's sewerage problem. San Jose is involved since they have the treatment plant for Santa Clara's outfall. Mayor wilson asked that the City acltnowledge Santa Clara's letter and express apprecia- tion. Councilman Nathanson thought that a letter to Mayor Starbird would also be appropriate. IV UNFINISHED BUSINESS A. Ordinances for adoption None B. Final Hearing on "Quito 1-C" Annexation The City Clerk read a statement to the effect that the value of the property of those protesting the annexation amounted to 73 percent of the total valuation ascribed to the land within "Quito 1-C". Mayor Wilson said that "Quito 1-C" is a closed issue. He publicly than:œd Mr. and ¡'¡rs. Robert Butcher for their efforts and their interest in entering the City, Mr. Butcher in turn thanked the Council for their cooperation. City Attorney Anderson requested that the Chair note the work of Mrs. Dorothy Zeszutekj he felt that mention of this should be made in the minutes. Councilman Nathanson requested that a note of appreciation be addressed to petitioners, such as Lola Shearer, Lorothy Zeszutek and Robert Butcher. --..--------..-----------------.------- ---- -------------------- - 2 - Attorney Anderson reported on the status of Cupertino's Sunnyvale lawsuit. He observed that a temporary injunction had been issued against Sunnyvale's "Ortega #3". The first four allegations of said injunction establish the priority of Cupertino's annexation in that area. The fifth point has as its basis the contention that Sunnyvale has circumvented elective processes by its questionable "uninhabited" methods. This last issue is still current despite the defeat of "Quito i-C", i.e., the injunction still stands. Councilman Nathan- son inquired whether the "Greenbelting" of the Zeszutek pro- perty would break the contiguity of the annexation. Attorney Anderson responded that it would not. He also said that the City Council should move that "Quito i-C" be officially dropped. Councilman Nathanson inquired whether the writ of mandamus had prevented "Ortega #3" from clearing the County Boundary Commission. Attorney Anderson answered that it had not; it was "tabled". It was recognized and moved by the County Boundary Commission that no action be taken until 20 days elapse, With regard to the Zeszutek property, Councilman Nathan- son did not understand why the County would not grant her a Greenbelt. Mrs. Zeszutek said that a Mr. Haas stated that the Boundary Commission will not Greenbelt if that parcel is trying to escape an annexation. Councilman Nathanson decl~d that the Board of Supervisors has given immediate Greenbelt~ to protect property from annexation. This, in fact, is the stipulated present policy of the Board of Supervisors, This emergency Greenbelting allows the individual 15 days to pre- pare maps and legal description. He advised t1rs. Zeszutek to see Karl Belser, Sam Della Maggiore or Joseph McKinnon. Moved by Councilman Nathanson that the City Attorney make further study of the writ of mandamus in connection with the "Quito i-C" annexation; seconded by Councilman Saich and carried 4 - O. City Attorney Anderson said that the law provides that the City Council shall take no further action on annexation proceedings if the value of the territory of those protesting exceeds 50 percent. Councilman Nathanson felt that the attitude of Judge Owens was known, and there was little question but that Owens would reach the same conclusion as in the Katesich Case. City Attorney Anderson felt that "Ortega #3" might be illegal and that the absence of termina- ting action by the Cupertino City Council might prejudice the remaining aspect of the lawsuit. Councilman Lindenmeyer moved that the Council withhold for one week the final deci- sion on "Quito i-C". Mayor Wilson asked if the mandamus protected the Zeszuteks from annexation to Sunnyvale. Attorney Anderson answered in the negative. Councilman Nathanson inquired as to the difference between dismissing the annexation tonight or next week. Moved by Councilman Lindenmeyer that the Council adopt a Resolution terminating action on "Quito l-C"; seconded by Councilman Saich and carried 3 - 1, Councilman Nathanson opposing. Attorney Anderson referred to the "Quito i-C" protests as political skullduggery. V NEW BUSINESS A. Attorney's Report - Bianchi Affair At the last meeting of the Planning Commission the matter was reviewed. The City Attorney advised the Planning Com- mission, at that time, that the Bianchi permit could be revoked under the City's Planning ~rocedure Ordinance if they saw fit. The Planning Commission recommended no further action at the present time and voted 4 - 0 that they reaffirm their previous stand. The City Attorney reported meeting with County Officials and learning that contracts with Cupertino are being drawn. He expects further word in 2 or 3 weeks. With reference to street lighting there is only one district within the City, according to P.G,&E. Attorney Anderson declared he would check the Streets and Highways Code to determine the rights and procedures of a municipality - J - with reference to taxing a public utility, The Clerk was asked to contact P,G.&E. and verify the various details such as the number of districts, number and location of lights, and the money matters involved. B. Report of Finance Chairman No report Mayor Wilson asked the Clerk to estimate City revenue from Ordinances 10 and 15, to estimate expenses of his office and to check with Councilman Meyerholz on the Motor Vehicle Fee apportionment with particular reference to the $2400,00 supposed to have been remitted. C, Report of Roads and Maintenance Commissioner No report D. Report of 20lice and Fire Chief Councilman Nathanson has instructed Marshall Wiggins to in- spect Cupertino Union Church before and after its projected move. E. Report of Building and Health Inspector No report F. See below G. Selection of Planning Commission Mayor Wilson verified the fact that Ordinance No. 5 provides that the Mayor appoint the members of the Planning Commission with the approval of the Council. He felt that the original Planning Commission had been appointed on a long range basis. After much consideration. he came to the conclusion that there was no need to expand the Commission to 7 members. He felt that any change might be construed to indicate a lack of con- fidence, There seems to be a general feeling that the Planning Commission has done an excellent job. With added time and experience, this job will become better, Therefore, he would like to reappoint the three incumbents, namely: Mr. Leonard, Mr, Neilsen and Mr. Paizis. Moved by Councilman Nathanson that the Mayor's appointments be ratified; seconded by Councilman Saich and carried 4 - o. H. Certificates of election Certificates of election were signed. I. Statement of Finances Desire for additional and more complete information had been expressed above. F. Selection of City Treasurer With the prospect of mounting finances, Mayor Wilson declared the need for a City Treasurer, apart from the function of Councilmen, He suggested the appointment of Earl Foster for this honorary position, Councilman Nathanson said that he would contact ¡Jr. Foster with tl'Bt object in mind. Attorney Anderson stated that an Ordinance was needed for the pros- pective City Treasurer and for the City Clerk as well. J. Miscellaneous 1. Mayor Wilson expressed hope that our Civil Defense Directo~ Mr. Shelly Williams, be accorded the necessary cooperation and information. 2. Mayor Wilson also queried the Council as to the feasibility of appointing Commissioners and Inspectors of the various departments, other than Councilmen. The Mayor also wanted more definite information concerning our budget and tax rate, as to time factors and procedures. J. Councilman Lindenmeyer reported a letter from a fact- finding committee of the Rancho Rinconada Homeowners Associa- tion, They request that the City of Cupertino send them a letter stating the policy of the City in regard to the annexa- tion of Rancho Rinconada. Moved by Councilman Nathanson that the Council of the City of Cupertino adopt a policy toward homeowner associations contemplating entrance to Cupertino: namely, that the basis for annexation be the creation of pub- lic service assessment districts to support such services as petitioners may require; seconded by Councilman Lindenmeyer and carried 4 - O. The City Clerk was instructed to inform Mrs. Brand of this motion. VI ADJOURNMENT at 11:00 P.M. Re~pectfully submitted, 1\QM>-V..A.UÁ 1<. l(t1t~ Lawrence K. Martin, City Clerk