CC 04-09-56
.p. O. Box 597
AYe 6-7064
C I T Y 0 Feu PER T_~ 0
Cupertino. California
REGULAR MEETING OF THE CITY COUNCIL APRIL 9, 1956
Place: Collins School
Time: 8:00 P.M.
Press Present: San Jose Mercury, D. Cox
Sunnyvale Standard, M. Soomil
Cupertino Courier, W. Norton
I
ROLL CALL
Councilmen Present:
Lindenmeyer, Meyerholz, Nathanson,
Saich, Wilson
(None)
Councilmen Absent:
II SALUTE TO THE FLAG led by Mayor Lindenmeyer
III PETITIONS AND COMMUNICATIONS
A. Written
1. Attorney ~eaver, representing Nick Danna, presented one
more written protest to the "Quito l-C" annexation, in
addition to those filed in the City Clerk's office at 4:00
p.m. the same day. Mayor Lindenmeyer announced that
numerous protests had been filed and that if no further
protests were forthcoming the hearing would adjourn until
April 23rd, according to the provisions of the Government
Code. At that time the value of the property of the
protestants would be declared.
IV REàDING OF MIJfUTZS OF PREVIOUS YÆETING
A. The C1erl{ was instructed to read the minutes of the
previous meeting. They were approved as read.
III PETITIONS AND COMMUNICATIONS
A. Written
2. A ¡etter from the Cupertino Chamber of Commerce was
read; it contained a map and brochure of the City and an
offer to supply the Clerk's office with additional copies.
The Council requested that the Chamber of Commerce be
thanked.
3. John F. Thompson acknowledged Cupertino's request that
he support the three measures in the California legislature
providing for a State Planning Agency.
4, Clark Bradley's letter referred to the same topic and
also declared his intention to support the aforementioned
bills.
5. The Board of Supervisors reported by letter that the
County Planning Department would assist Cupertino's Planning
Commission in the preparation of maps and technical data.
6. G. T. McCoy, State Highway Engineer, acknowledged
Cupertino's request for a meeting. McCoy said that a public
hearing would undoubtedly be held in this area in the near
future.
B, Oral
1. Mayor Lindenmeyer repeated that the final hearing on
the "Quito 1-C" annexation would be held in two weeks; he
also made clear that the City of Cupertino is not petitio~
ing the residents of "Quito 1-C" to enter the City, but
rather that the ~eople are petitioning the City,
2 A ~.ady ir. the audience said that she was in favor of
¡',,'Ü 1-';" and that she was circulating a pap e)' to ·~x;
sign<.. by tho3e who wished to withdraw their prr;tes+:c;.
Tb:~ l£.dy said that she was in both Optega #3 8!'.<'. Qv::o
- .~ aè.d that she preferred to enter Cupertino> 'it\
,-_t;'cor:~ey Anderson mentioned that the Ortega to a.::lexctticn
has been frozen by court order.
- 2 -
J. In answer to a question from the floor, Mayor Lindenmeyer
said that County Greenbelts would prevent any City from
annexing the stipulated territory.
4. Councilman Nathanson said that the people in attendance
are entitled to express their opinion. At this point Mr.
~Jeaver, who had delivered the written protests, objected to
any talk of the protests being withdrawn. Councilman
Meyerholz said, in effect, that the Council was entitled
to discuss the matter as they saw fit,
A short recess was declared during which a map was
produced showing the area in question,
After the recess Mayor Lindenmeyer said that tonight
was the time to withdraw a protest if one intended doing
so.
Councilman Nathanson declared he didn't want anyone
to get the idea th~t Cupertino is anxious to annex outlying
territory. Cupertino is not trying to build a Mill-town.
The Cupertino School District is now educating children
from several Cities. He said that the City is interested
in anything that will benefit the tax rate in Cupertino,
but he did not wish people to get the impression that they
have no right to speak their mind or say what they wish to
do. He referred to the coming of General Motors in nearby
Sunnyvale and to the fact that there is no so called
"Executive Row" in that town. The incoming people will
require many services, While several homesights are avail-
able, one of the most likely locations for population growth
is in the vicinity of Cupertino. He advised people to go
to the County Board of Supervisors and ask for a Greenbelt.
The Greenbelt gives protection against annexation for about
a year and a half. After that, it remains to be seen.
Santa Clara is the only County in the State of California
with a Greenbelt proposition.
Councilman Meyerholz explained the Uninhabited Annexa-
tion Act, in response to a question from the floor. He
described it as a way of drawing boundaries, thus circum-
venting people in order to make the land uninhabited. With
regard to annexation of School District property into
another city, Councilman Meyerholz said that Assembly Bill
#1 provides that a City cannot take School District Property
unless the annexing Council desires to do so. Residential
areas are not so likely to be annexed since these areas are
not so profitable from a tax base standpoint. It costs
about $230.00 per year to educate a child.
Mayor Lindenmeyer recalled the Homestead Road boundary
proposition submitted by Sunnyvale a few months ago. At
that time it was his attitude that it was not for the City
Councils to determing the local affiliation of people in
the area. It was a decision for the people themselves to
make; that is, the individuals involved should decide
whether they want to be in Cupertino or Sunnyvale.
Burrel Leonard wished to clarify an issue raised in
informal discussion during the recess, He said that annexa-
tion would result in a tax increase of approximately $1.00
per acre, assuming assessment at $400.00 an acre, and a
City tax rate of about 25~ per hundred.
Cupertino's Greenbelt Ordinance states unequivocall~'
that Farmers may continue to farm if they so desire and
that the zoning cannot be changed without their consent,
This permits flexibility of action.
"
tr\,;·F~"N!;i=0D T3U,(_;II\TESS
à. \.:"<1 '....';.,103S for 'J.doption
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- 3 -
B. Miscellaneous
1. City Attorney Anderson stated that it was beyond the
power of the Council to give him a contract. He felt it
was to the best interest of the City that the relationship
continue as is.
VI NEW BUSINESS
A. Attorney's Report
(no report~
B. Report of Finance Chairman
1, Councilman Meyerholz reported that he had just received
$320.00 in business license feesF
2. He authorized payment of a $34..00 blll to the Santa Clara
Journal.
3. He announced the estimate of apportionments of Motor
Vehicle License Fees to be made to Cupertino from the
"Motor Vehicle License Fee Fund" during the 1955-6 and
1956-7 fiscal years. These amounts are $9400.00 and
$9700.00 respectively; $7000.00 of this year's apportion-
ment is still to be forwarded. this is expected in June.
4. Moved by Councilman Wilson that the City pay Mrs. Edith
Anthony in full. seconded by Councilman Nathanson, and
carried 5 - o.
5. Councilman Meyerholz read a letter from Mark Thomas
stating that the minimum charge for the preparation of
annexation maps and descriptions would be $100.00 in the
future, rather than $50.00.
C. Report of Roads and Ma.intenance Commissioner
1. Councilman Saich reported that about $7000.00 in road
repairs is estimated for the budget year. He identified
Stevens Creek Road, Randy Lane and Miller Avenue as the
roads most in need of repairs.
D. Report of Police and Fire Chief
1. Councilman Nathanson read a letter from Los Angeles
Branch of the Bank of America inquiring whether Nanuel and
Dolores Bettencourt were registered voters in the City.
E, Report of Building and Health Inspector
1. Councilman wilson said that Mr. Bianchi appeared to be
building a duplex. He referred the matter to Burrell
Leonard who confirmed the fact that it certainly appeared
to be a duplex rather than a single-family dwelling. The
plans are virtually identical to those of the duplex. but
the Bianchis claim that it is in fact a single-family
dwelling.
F. Mayor Lindenmeyer reviewed the procedure for the next two
Council meetings and the business of those weeks. The
election returns will be canvassed by the Council on April
17th. On April 23rd the next Council will be administered
the oath of office and issued certificates of election. At
the same time the selection of a Mayor for the ensuing year
will be considered, Appointment of the next Planning
Commission will also be on the agenda-.
G. Joint Meeting of City Council and Planning Com~ission
1. Report of Planning Commission - Chairman Leonard reported
that the Commission had a summarized version of a proposed
master plan which required a little editing before release.
This will be in the hands of the Council within a week or
two. Chairman Leonard also reported that all p8pers and
docu~ents of the Planning Commission are 9roperly filed,
thus insuring the continuity of Planning Commission busi-
ness, The Commissioners present announced their willingness
tc Sè~ve on futur'e Planning Commissions,
VI! AD.TCt"'liJ~12~!T AT 10:20 P.M.
Respectfully submitted,
t(~ÁÅ.tx \<. ~ ll\L.J-~,-
Lawrence K. Martin, City Clerk
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