CC 03-05-56
p. O. Box 597
C I T Y 0 F CUP E R T I~
---- Cupertino, California
A{ 6-7064
REGULAR MEETING OF THE CITY COUNCIL. MARCH 5, 1956
Place:
Time:
Cupertino Union School, Cupertino
8:00 F.M.
Press Present: Sunnyvale Standard, M, Soomil
San Jose Mercury, D. Cox
Also Present: Some 20 people interested in Ordinance 10
Scoutmaster Sam Eggers and 4 Boy Scouts
I
ROLL CALL
Councilmen Present:
Councilmen Absent:
Lindenmeyer, Nathanson, Saich, Wilson
Meyerholz
II SALUTE TO THE FLAG led by Mayor Lindenmeyer
III READING OF MINUTES OF PREVIOUS MEETING
A. The Clerk was instructed to read the minutes of the previous
meeting, which were approved as read.
IV PETITIONS AND COMMUNICATIONS
A. Written
1. Mr. Butcher presented his petition for Quito l-C Annexation.
It contained the signatures of 58 registered voters. There
are 86 registered voters residing therein,
2. The Clerk was instructed to return the proposed Uniform
Sales .Tax Ordinance with the stipulation noted in the
previous Council meeting.
V UNFINISHED BUSINESS
A. Ordinances for final adoption
1. Business License Ordinance: City Attorney Anderson suggested
a fee of $30.00 rather than ~45.00, per truck, per year, for
wholesale deliveries. He suggested that we alter the sec-
tions in dispute and enact the Ordinance on an emergency
basis. We would be justified in so doing in view of the
circumstances, and in light of the fact that the people in
general are well aware of the proposed Ordinance, The possi-
bility of Wholesalers discontinuing deliveries was mentioned.
Mayor Lindenmeyer thought that stores might have trouble
competing if they were obliged to pay delivery charges.
Councilman Nathanson was inclined to think that the Whole-
salers were being penalized. City Attorney Anderson said
that the sections in question could be deleted and another
Ordinance passed to cover trucks, both wholesale and retail.
Representatives of several firms spoke from the floor,
expressing their concern over the proposed ~45.00 fee.
There was general feeling on the Council that a complex rate
system would make enforcement difficult. Alan Anderson
pointed out that the flat fee could not be ap~lied per truck,
but only per business, since the State has preempted that
area of taxation. The City can tax the business, not ·~he
vehicle. Councilman Wilson suggested that we read and vote
on the Ordinance, omitting the sections on vehicles. City
Atto~ney Anderson instructed the Clerk to delete sections
35-a, 35-T.5, and section 37. A public utilities clause and
an urgency clause were added. The law specifies that the
final reading of an Ordinance requires that section titles
only be read, Moved by Councilman Wilson that the proposec'.
Business License Ordinance be brought before the COUDGil f("
adoption, the entire reading to be waived, deletions ana
addi t ions aforemen t ioned to be made; seconded by Co:mc; 1 :;'mf.!;
Saich, and carried 4 - o.
- 2 -
The Ordinance, hereafter designated as Ordinance 10
was read by the Clerk, Councilman Wilson moved that the
Council adopt Ordinance 10; seconded by Councilman
Nathanson and carried 4 - O.
B. Miscellaneous
1. Mayor Lindenmeyer instructed the Clerk to prepare four
copies of the Stelling l-C Annexation Petition.
2. Arnond Irwin, the designer of the winning City Seal,
accepted congratulations from the Council and took note
of suggestions for minor alterations.
VI NEW BUSIKESS
A. Attorney's Report; Ordinances and Resolutions
See V-A-l above
B. Report of Finance Chairman
Councilman Meyerholz absent
C. Report of Roads and Maintenance Commissioner
Councilman Saich verified the March 9 meeting with the
State Highway Engineers.
D. Report of Police and Fire Chief
No report
E. Report of Building and Health Inspector
No report
F. Report of Planning Commission
Councilman Wilson moved that the Council accept the
recommendations of the Planning Co~~ission on the Blabon-
Walsh partition; seconded by Councilman Saich and carried
4 - O.
G, Miscellaneous
1. A gentleman in the audience stated that Sperry Gyroscope
wants 20 acres in a dust-free atmosphere between Los Gatos
and Palo Alto, Mr. Stone mentioned the same thing, that
electronic industries require an area free of moisture and
dust. He said that the climate in the Peninsula area was
conducive to electrical engineering work, as witnessed by
the m2ny companies now locating here. The presence of
Stanford University is also a factor.
2. Budget Sessions
Mayor Linden;neyer announced that M8rch 12 would be the
first budget session. March 26 will be the second,
3. Councilman Wilson suggested that the City retain Mark Thomas
to plan a municipal sewerage service that would meet the
present needs and anticipate future needs in Cupertino,
4. Councilman l,iilson moved that the City Attorney be advised
to take proper legal action against any City to prevent
encroachment on Cupertino's ~uito l-C Annexation; seconded
by Councilman Saich and carried 4 - o.
VIII Adjourned at 10:35 P,M.
Respectfully submitted,
~v-\J! ~ ~~ ,<. (ít aJ.2
Lawrence K, Martin
City Clerk
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