CC 10-24-55
Q.I!! Q! Q.!!~~g!!~Q
P. O. Box 597 Cupertino, Calif.
NINUTES OF THIRD COUNCn. MEETING
Speoial Meeting
10/24/55
Place,
Time'
Library, Cupertino Union School, Stevens Creek Road
8,00 PM
Councilmen Present,
Lindenmeyer, Ralph - Mayor
Neyerholz, R, Ivan
Nathanson, N. J.
Saich, John
Wilson, Warner
CouncilmenLAbsent
None
Partial List of Spectators Present,
Leonard, Burrel - Acting Clerk
Antho~, Mrs. Lon - Acting Sec'y.
Anderson, Sam J. - Attorney
Cali, Ed - Planning Comm.
Paizas, George - Planning Comm.
Lingua, _ Fire Chief
McCollum, - Fire Dist. Comm.
Stewart, - Fire Dist. ComTI,
Cassella, Emil - L.A. Garb, Disp. Co.
Musante, Steve - L.A. Garb. Disp. Co.
Bandley, Don O.
Foster, Earl M.
Komenovich, Robert
Lazaneo, Nick
Tormey, Peter
Wright, Douglas H.
Press:
Cupertino Courier - William Norton
West Valley News - Harry Burton
S.J. Mercury News - Dick Cox
Sunnyvale Standard - Ed Pope
Palo Alto Times
Fremont Hi
I.
PRELIMINARIES
1. The meeting was called to order
2. Salute to the Flag followed,
at 8,10 PJ:.ij by the Mayor
8:11 PM
U. MINUTES OF THE LAST MEETING
1, The Mayor instructed the Acting Clerk to read the section headings
from the minutes of the Council meeting of 10/17/55. The full
minutes were posted at the rear of the room.
2. No one requested a complete reading. 8'13 PM
III, CORRESPONDENCE
The Acting Clerk was instructed to read a long list of miscellaneous
communications which had not been screened or assembled in order by
topics. ¥Jany were of a nature that would ordinarily have been routed
to some City department had regular administrative routine been estab-
lished.
1. Letter from Peter Tormey --- insurance broker residing outside the
present City limits, and having a plaoe of business at the Blue
Hills center --- protesting the policy announc~d with respect to
City insurance at the 10/10/55 Council meeting.
(See item III - (1) of those minutes.)
In an exchange of views between f~. Tormey and Councilman Nathanson,
the former spoke for ttpublic biddingtt open to outsiders; and the
latter reaffirmed the Council's position of handling the insurance
thru those residing and doing business within the City on a joint
participation basis, He said that this policy was patterned after
that adopted by the school district. 8:25 PM
2, Letter from the Controller's Office, State of California,
advising the Council of Cupertino's eligibility for subvention m"ne"
allocations upon the filing of a request and certification of the
number of voters.
MOTION:
Moved by Mr. Meyerholz that the letter be referred to the City
Attorney and to the Registrar of Voters.
-'2-
Seconded !?l Councilman Saich.
Carried: 5 - 0
--
8:27PM
3. Letter of criticism from Hr. Starmet was read. (This and several
other letters of application for employment by the City were read
in random order; passed over without action when read and later
treated by motion in logical groupings.)
4. Letter from Los Altos Garbage Disposal Co. requesting a contract
or franchise from the City. !fJr. Cassella and Mr. I'!usante, owners,
were present and expressed a willingness to discuss garbage dis-
posal now or later.
MOTION:
Moved by &-. Meyerholz that the matter be tabled. (See item XI
on page 6 for resumption of discussion.)
Seconded b Mr. Saich.
Carried: - 0 ----- 8:33PM
5, Letter from William E. Bryan applying for consideration as Chief
of Police.
8:35PM
6. Letters from the Military:
U,S, AI'11\V: requesting assistance in locating an AWOL soldier said
to have resided in this City at one time.
U.S.S. Coast Guard: reqttesting information on the civil record of
young man from this area seeking to enlist.
MOTION:
Moved by Mr. Nathanson that the letters be referred to the Sheriff's
office for disposition.
Seconded b~ Mr, Saich.
Carried: - 0 8:36PM
7. Letter from the Highway Patrol providing pertinent data on drivers'
licenses recently suspended.
MarION:
Moved by Mr. Nathanson that the communication be referred to the
Sheriff's office.
Seconded by Mr, Saich.
Carried: 5 - 0 -----
8. A group of five letters of application for City Clerk were read. It
was mentioned that about five more were on h&,d for reading at the
next council meeting. Applications read were those of: Charles M.
Bannister, Harold Buclmey, Ann Darrin, Oliver B. Peter and Arthur Hoff.
9. Letter from League of California Cities urging Cupertino to join and
suggesting that dues or service charges would not be billed until the
City began receiving revenUe. (Action on this letter was deferred
briefly pending action on various letters seeking employment.)
10. Applications for "City Clerk and Administrator" were treated as a group.
MOTION:
Moved by Mr, Saich that the City Clerk applications be held for a
period of about two weeks at which time the application period is to
be closed and decisive action taken.
Seconded by Mr. Wilson.
Carried: 5 - 0
HOTION:
Moved by Mr. Nathanson that the Council as a whole, sit in on the
Sërëëning of applications for City Clerk.
Seconded by Mr. Saich.
CÐ,rried: 5 - Q -
11. Discussion was resumed on possible membership in the League of Ca:if-
ornia Cities.
MOTION:
Moved by Mr. Wilson that application for membership be mad~.
šëëõñdcd by Mr. Meycrholz.
Carried: 5-0
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12. Mr. Nathanson reported that a number of communications relating to
Planning Commission functions had come to hand;
a. Requests for rezoning from the following:
Charron Furniture Co. requesting a change from R-3-H to C-I-H
on Stevens Creek Road rrontage.
Muriel Fischer requesting a change from R-3-H to C-I-H on
Stevens Creek Road frontage.
The Bianchi's requesting a change from R-l:B-2 to some classif-
ication permitting the building of a duplex. Property located
near Stelling and Stevens Creek Roads.
b. Notice of pending annexations within three miles or Cupertino:
S. C. County Boundaries Commission announcing
-- Easterbrook #15 to San Jose
-- Homestead #15 to Santa Clara
-- Pruneridge #17 to Santa Clara
MOTION:
Moved qy Mr. Nathanson that these communications be referred to the
Planning Commission for study and recommendation.
Seconded by Mr. \'¡ilson.
Carried: 5-0
--------------
(Items IV and V on the agenda were passed over in order to take up item VI
out of turn. Chief Lingua and two of his Fire District Commissioners were
present and waiting at the invitation of the Council.)
--------------
VI. APPEARANCE OF COUNTY FIRE CHIEF LINGUA
1. The Chief was introduced by the Mayor and was then advised of the City's
need for free office space.
2. The Chief responded that the City's request should be cleared at the next
meeting of the Fire District Conunissioners, but that individual dis-
cussions with some of those gentlomen made formal permission seem likely.
3. In reply to questions rrom the Chief and the two Commissioners who were
with him (McCollum and Stewart), Mr. Nathanson surmised that the space
would be needed 2 or 3 hours per day 5 days a week for something more than
a year. In discussion it Was estimated that the City would probably not
receive any of its tax money until about February 1957.
4. It was agreed that a member of the Council, probably Mr, Nathanson, would
meet with Chief Lingua at the Fire Station during the week to discuss
details. ----------______
(The Mayor announced a short recess. The meeting reconvened at 9:27 PM. The
Council went back to item IV on the agenda,)
IV, APPOINTlWT OF A PART-TTI1E SECRETARY
1. The Councilmen'vwere in agreement that an urgent need exists for
immediate secretarial assistance.
2. MOTION
Moved by Mr, Nathanson that pending further study of the City's needs,
~Lon Anthony be appointed part-time secretary at two dollars per
hour for such time as may be required, under the supervision of the
Mayor; paymrmt to be deferred until the City has funds.
Seconde~ Mr. S~
In discussion from the floor and various Councilmen, it developed
that Mrs. Anthony would be at liberty to apply for the City Clerk's
position; that she did not take shorthand; that she had some office
experience; that her solection on a part-tin~ basis was at the
pleasure of the Council and did not preclude the selection of a
Clerk; that the present insurance binder was probably sufficient
protection for her use of her car on City business. ~~. Meyerholz
requested Mr. Nathanson to carefully check the insurance matter.
Carried: 5 - 0 9: 27 PH
V. APPOINT}ŒNT OF CITY ATTORNEY
MOTION
Moved by 11r, Saich that Mr, Sam J. Anderson be appointed City Attorney,
Seconded by Mr. Nathanson
lñ'ãbri8f discu6sion arising from a question from thEe floor by ¡'x.
Don Bandley, the general terms of the employment were outlined as
follows:
(1) No formal contract exists, but there is agreement on general
-4-
terms and the possibility of changing conditions.
(2) Nominal salary of $12$ per month for routine duties--courtroom
or other special assignments, duties and/or expenses to be
rÐimbursed at minimum rates established by the Santa Clara
County Bar Association.
(3) Termination of the employment to take place at the will of
either party.
(4) Payment for services to be deferred until such time as the
City is receiving funds,
Carried: 5 - g
------------
Item Vi, appearance of Chief Lingua, was taken out of turn at 9:07 PM.
------------
VII. INVITATION TO SHERIFF HAWLEY OR HIS REPRESENTATIVE
1, Mr. Nathanson reported that Sheriff Hawky was unable to appear at
this meeting but would be present at the meeting of 11/7/55 to dis-
cuss the extent of the policing service required as a basis for
estimating its likely cost to the City on a contract basis.
VIII. REPORT OF PLANHING COMMISSION
In the absence of a Chairman, Mr. Leonard was called upon and reported:
1, One appointee was still out of town; that an organizational meeting
would be held promptly :IIpon his return.
2, Appointment of a City Attorney would establish procedures on a proper
basis.
3, An informal discussion meeting had been held attended by such appointees
and Councilmen as were available. No action of any nature was taken.
Sentiment existed for promptness and for one regular meeting each
month with special meetings at weekly intervals between regular
meetings if necessary.
IX, ORDIN;,NCES IMPLEMENTING PLANNING COMMISSION AND ANNEXATIONS
1. The need for immediate action was recognized in properly establishing
a Planning Connnission and in taking proper action on the separate
annexation requests from Nr. Orll1!1do and Mr. Komenovich.
2. City Attorney Sam J. Anderson was instructed to draw appropriate
ordinances and have them available, if possible, at the next meeting.
X. FORMULATION OF CITY'S POLICY ON EXP"NSION; ANNEXATIONS
1. Councilman Wilson distributed and read the following rough draft on
hExpnnsion Policy"; "It is hereby resolved that it is the policy of this
Council to expand the City of Cupertino as rapidly I1!1d completely as
practicable to its natural limits, rough~v the perimeters of the areas
served by the Cupertino Union School District and the U,S, Post Office
in Cupertino. Such expansion will be pursued throuf',h annexatiens that
are wanted by the majority of householders so annexed, and the annexations
will be planned te work no hardship upon the taxpayers already inside
the City - in other words, annexations will not be nade that would reduce
the established level of the City tax-base, either in average property
valuations or in revenue from subventions. II
2. In conunent and discussion, mostly by Councilmen Wilson and Nathanson, the
thought was developed that the basic principles for the time being should
be built around:
a. "rural atmosphere"
b. "low level of services"
c. "minimum taxes"
and, as the more thickly populated areas within the City demand mere
services
d. these people should obtain additional services at their own exclusive
expense thru "service districts", or some such variQtion, rather
than a demand on the City as a whole for a level of services not
needed or wanted by the thinly settled areas;
and that areas seeking annexation to the City be advised of these views
and accept tho futther principle that
e. new areas are to pay their own way on anything more than the low
minimum level of services then prevailing fer the City as a whole.
3. Councilman Wilsen sugg8sted that Atterney Anderson consider these v:'e'is
in drafting a Planning Commission ordinance, and in drafting annexation
erdinances as they may arise.
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XI. GARBAGE CONTRACT OR FRi.NCHISE
1. Councilman Meyerholz, who hQd moved at 8:37 to table discussion of ga.rbage
disposal asked that the matter be reopened, the owners or the Los Altos
Garbago Co. being present and the regular agenda being completed,
2. Councilman Meyerholz asked a legal opinion from Attorney finùerson on
whether the contract or franchise should be ph,ced en open bid.
3. Attorney finders on replied thnt he did not have berore him the terms of
the contract said to exist between the gDrbap:e company and the County
with respect to this area; that the Council might reasonably consider a
temporary contract with the comp~ny now renGoring tho sorvice to be sure
of continuation of a necessary service; meanwhile developing the facts
pertinent to placing the matter on an opon bid basis.
4. Councilman NÐthanson engaged in an inconclusive discussion with owners,
Mr. MusÐnte and Mr. Cassella regarding their ch~rgos,
5. MOTION
Moved qy Councilman Meyerholz th~t the Los Altos Garb~ge Co. be
requested to submit to' ¡'ttorney Enderson for study and reviewl
(a) copies of their contract agreements with other cities; (b) their
proposal for serving Cupertino (including a proposed rate schedule);
(c) their proposal of fees to be paid te the City; ~nd thet this
information then bo referred back to tho Council for thoir study,
discussion and decision,
Seconded by Councilman Wilson
Carried: 5 - 0
XII. ADJOURNHENT
MOTION:
Moved by CounciL~ h~erholz that the mooting be ~djourned.
Seconded by Councilman -wITSõñ
Carried: 5 - 0 10:30 PM
Respectfully submitted
Burrol Leonard, ActinG Clerk