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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 U","') - 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 ·_~--__·_··__·________·_________.______.._.u~..._.__.______..___,.."___.,_._~.___'__.___..__._.._~_.