CC 02-27-56
C I T Y
o F
CUP E R TIN 0
J:', O. Box 597
Cupertino, C91ifornia
AX 6-7064
Si"CI.Ü-, HELrDre; OF 'THE CITY COU~CIL, FEB, 27, 1956
Place:
~[lme :
Cupertino Union School, Cupertino
8:00 J: .:¡.
Press Present: Cu~ertino Courier, W. Norton
Sunnyvale Standard, M. Soomil
I ROLL CALL
Councilmen Present: Linden~neyer, He:,rerholz, Xati'1anson,
Saich, '.Hlson
Councilme'1 hbsent: (None)
II S\LUTE TO 'l'HB FLAG led by N3yor Liné;enmeyer
I II RE\LI!\G O? ru:rJ".c"-s OF i j'l:1lIOJ3 NESTING
A, The Clerk was instructed to reed the mi~utcs of the
prcvio'Js meeting. The fOllowin[, c.orrection8 were noted:
Item IV-B-l, paG'e 2; line 19, dWt"O"Equ'Jlization",
insert "Supervisors"; Item IV-P-l, p~ge 2, line 22,
delete "April", insert "Narch"; Item V-ii-l, line 17,
insert "if Eoard of Superv'sors sdopts for the County"
after Uniform T3X Resolution; page 3, line 20, insert
"et which time Councilman Wilson was absent" et the end
of t118 sentence describing the f',1Ct th'?t the meetInrr 1,r2S
reconvened th8 fol1ol^'i ~,? nir;ht.
IV PETITIOí¡S,~JD CO¡r¡;¡UNIC¡,TIONS
A. l;ri tten
1, A letter from the office of Frank Thill reeorted that
the E08rd of Supervisors has determined not to flace the
Uniform Sales 'lax on the agenda for the meetint: of
Monday, February 27.
2. Cou!1cil1:an ;~a that1son reacl '3 letter concernL1g "safe ~3nd
sane" firewor1cs and suggested? memo to Chief 1!;iggins
requestinG 2ny furtller inform2'tion on the subject, Moved
by Councilmpl1 Nathanson that the City asl{ tile County
Fire Í'Îarshall to inspect CU~Jertino Union School for
com:;liance \dth fire pr'2vention sta,nèwrd\. and forward
a report to the School lrustees and the City Couheil;
seconded by Councilman ',.ilson'md carried 5 - O.
B. Or'Ü
1. Mr, A. L. Clar%, 150 Jules Avenue, San Francisco, ad-
dressed the Council with regard to establishing a Cab
Com;any in Cupertino. Mayor Lindenrneyer said that the
proposed Business License Ordinance provided for a *25.00
fee per cab. City Attorney Anderson Sf) 1.d th,-Ü the usual
procedure in licensing a Cab Comoany would be followed.
This involves checkin3 the rpliability o~ the applicant,
liability insurance mBtters a~d so forth. City Attorney
Anderson asked that someone secure the Taxic20 Ordinances
from Qne or two neighboring Cities. The Clerk was
inst~~cted to notify ~r. Clark when the business license
forms arrive, so that a 30-day permit mi~ht be issued,
v UGTT?p,1rs,,% EUSIN",SS
A. Ordinances for final adoption
I, Eusiness License Ordinance
Cit~' Attorney lmderson referred to SO":1e objectIons r21ised
over the proposed Ordinance. He said thC¡t chaè1¡£es in the
Ordinance would probably mean 3 30-day daIsy, ~r. Alan
imderson of the: ¡'¡unicipal License TC'x ".ssocI'o,tioè1 re-
affirmed his objection to Section 37, which he construed
3S a tax specific311y on vehicles, and hence unconstitu-
tional. He compared it (Section 37) to a clause in
Monterey's Ordinance, whIch the courts had held invalid.
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He said that if the Ordinance were amended tonight
(2/27/56) another readinz could be held in five days,
whereupon the Ordinance would be effective immediately.
The ,'ues tioD of just ":h9 t consti tuteå. "occas ional
delivery" "18.S then discussed, Councilm9n í'Íeyerholz
favored immediate p~ssage of the Ordinance, with
amendments to follow when necessary. Alan Anderson
still cucstioned the rates proposed. He 81so mentioned
the rossibility of non-compliance. City Attorney
Anderson felt th9t this was a threat to violate
CUDertino's Ordinance and should carry no weight,
Councilm2n '38ich felt that some revisions should be
considered lest we deprive the City of business. ~fter
the recess, Alan Anderson offered a one-sentence
amenð'TIent, to wit: Terms of this Ordinance shrÜl not
be deemed nor construed to '3r:)":'ly to 3ny public utility
which m::¡'<es [31'1 anmnl p9y~ent to t,w City under a
franchise or si'TIi12r asreement.
Councilman Meyerholz moved th9t the Council withhold
decision until th~ Pollowin~ weeicj Councilman 3aich
seconded and the motion carried, 4 - 1, Councilman
Wilson voting "no".
B. NISCELL::'.NEOUS
1. Councilm~:m Meyerholz com:)osed éj letter to the Board
of Su~crvisors requesting that 9 ièolicing contract
be dr3wn,
2. The City Scsl \"8S discussed amI it 1>i'~S a.greed to return
the winninc design (by .'irnond Irwin) to the School with
suggest ions for C11')11[e,
VI NE~ LD3INESS
A. Attorney'e Report; Ordinances Bnd B¿solutions
vJ i th regard to anncxat ions, Counc ilrn?\l1 i<,,,th··mson said
that Cup0rtino has adopted a policy of ~ccepting requests
for annexation.
S, Report of Fin9nce Chairm8n
Moved by Council~an ~ilson that warrailts be signed for
th~ Typist, Clsr~ 3~d St8te Com)€TIsation Fund; seconded
by Councilman l"athanson and c3rried, 5 - o.
C. Report of Rogde 8nd Maintenance Com~issioner
1. Councilman 38ich instructed the C12r~ to confirm the
March 9 meetinf with Mr. Sinclair at Collins School at
2: 00 i'. "i,
2. Counc ilmsm S9 ich reDorted thiJt County "11i inEO'2T r·ushnell
8dvised \IS to write r1r. Bl~c!{ and ""s!c h11'1 to arr8nge
2, m8etin~ with l'·~r. Bushnell in S~?-n Jose Conc(;rninc: a
ditch at Route 9 ~nd McClellan Ro~d.
D. Re70rt of Eolice and Fire Chief
No rer;ort
E. Rcçort of Su:U:::in:: 2nd Health Ins'.:ector
No report
F. R'Tort of ilrmning COf'1rnission
Chair~Bn Leonard reported thet the ~lqnn1 Commission
wished to recommend C-l-H on the first rarc"l, lí-l-H on
th? second parcel, M-l-H on the tl1rid parcel and denial
of M-2-H on the batch plant (the fourth parcel) - all
concerning the Blabon-',~21s¡1 pRrtition. The ~l.anning
Commission S\ÍE:O recommended that the City ·~J,n to maKe
prov i s ion for an area tha t could Bccommo:l:.,t" industry
of the batch ¡:;l"mt type. Moved by Council¡nan ¡'¡':;yerholz
that the Council meet as a Comrnittee of '111,,; \~hole to
discuss the recoml:Jendation of the Llanning Commission,
^_~__..______....____._____....___.__.________________._____.o__.__
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J:!ayor Linden'11eyer set the time at 7:15 befor, the n,"xt
Council meeting; seconded by Councilman Wilson and
c8rriccl 5 - o.
G. MISC"2;LL;,~mOUs
1. Budget Sessions
Mayor Lindenmeyer reported th~t the first and third
110ndays of th'3 month were to be '.¡sed 9S work sessions,
while the '''ècond and fourth !10nd2Ys \l:ere to be the regular
meetings for the Council. He mentioned Tuesday, March 13,
as the meeting time for the school purch9se discussion,
H. GOOD ,Pt ',':c:LFARE OF CITY
Councilman Heyerholz reported th8t the Bo"rd of Supervisors
has called for an election to change Senitation District
,,7 to a Sanitary District.
~1r. Loon9.rc' rETorted th"t the "'lar.ninë Commission. has n.o
objection. to the Rotary Club placin,~; a temporary sign. on.
the Eldorado Restaurant.
VII ADJOURNMENT at 11:00 i.M.
Respectfully submitted,
j(~~u.. '(. ~(t~
Lawrence 1\. I'Jartin
City Clerk