CC 10-17-55
IV. CORRESPONDENCE.
The Acting Clerk was instructed to read the rollowing com-
munications:
1, Letter from Fremont Republican Assembly invitinG the
Councilmen to appear as a body or individually at a
meeting to be held 10126/55 to discuss "Cupertino's Future."
PM
III ELECTION OF ~!AYOR; MAYOR PRO-TEM.
1. The Councilmen agreed without the formality of a motion
that the first term for each office would run approximately
six months to April 1956; and that thereafter these terms
would be one year from April to April. The Council was
polled:
Affirmed: 5 - 0
2. The Councilmen agreed to elect a Mayor
The Acting Clerk collected the ballots
results.
Lindenmeyer 3; Wilson 2
Lindenmeyer elected Mayor
3. The Councilmen agreed to elect a Mayor Pro-Tem by the
same procedure.
Nathanson 3: Meyerholz 2
Nathanson elected Mayor Pro-~
8 : 15 PM
8:14 PM
8:13
by written ballot.
and announced the
8 : 09 PM
I. PRELlliIHArlIES:
1. The meeting was called to
Lindenmeyer.
2. Salute to flag followed
MINUTES OF LAST MEETIJG:
1. ChaJ.r announced that the minutes of the last meeting
were posted at the rear of the room. To conserve time
the Acting Clerk was instructed to read section headings
only; and to read the minutes in full only if ~equested
from the floor.
2. The condensed minutes were read, and there were no
questions.
II.
8:11 PM
order at 8:08 by Acting Chairman
Norton, \1m.
Burton, Harry
Slattery, Franl¡
Pope, Ed
Press Present:
Cupertino Courier:
'¡est Valley News:
San Jose Mercury News:
Sunnyvale Standard:
Palo Alto Times:
Partial List of Spectators Present:
Leonard, Burrel - Ùcting Clerk (Non-applicant filling in until a
Bandley, Don Clerk can be selected from applicants)
Cassella, E. Ritchie, Mrs. George L.
Crady, Saich, Antone
McLaughlin, Howard Stanley, Boris
Musante, .steve Struthers, 1.;. J.
Paiziz, George Tormey, pete
Ritchie George L. Wagoner, Vance
, Wright, Douglas
:'Tone
Acting Chnnn
Councilmen Present:
Lindenmeyer,,ga::lph,,;
',¡dIson, ,.arner
Saich, John
Meyerholz, R. Ivan
Na thanson, N. J.
Councilmen Absent:
Place: Library, Cupertino Union School, Stevens Creek ;toad
Time: 8:00 P.:
.
10/17/55
Spe cial ¡,;¡eeting
Linutes of Seconc~ Counc:L_~__J¡eetins
CUDertino, Calif.
P. O. Box 597
CUP E ~ TIN 0
.'., -- ,_.-
o F
C I T 'f.
8 :23 PM
4. Second letter from California State Highway Department
requesting names of' City Off'icie,ls.
a. In discussion it was agreed that many offices have
not yet been created or filled.
b. MOTION:
¡'"loved by Nathanson that the request be put over
to a later meeting for answering after various
offices are filled.
Seconded by Saich
Carried 5 - Õ
5. Letter from H. 1\. Hunter on behalf of Northern County
Councilmen in present~ng a gavel to the Cupertino
Counc~l. The gif't was recognized with appropriate
expressions of appreciation.
6. Letters of application for various City positions Here
read from 8:23 to 8:41. Broken down by positions these
were:
a. For Cit~ Attorney:
Dan~el H. Cowans Now practicing in:Mt. View
Boris S. Stanley Cupertino
Howard W, Campen San Jose
Sam J. Anderson San Francisco
Stephen Gazzera, Jr.Sunnyvale
b. For City Clerk
Chas. M. Banister Ex-marine residing at
Cupertino
c. For gity Chief of Police
eorge Hooper
John Mullineaux
Ernest B. Thiele
Joseph C. Yetter
Ivan J. Vojvoda 8:41 PM
V. BUDGET REPOltT i,IID DISCUSSION
1. -, Councilman IVIeyerholz discussed the vagueness of his
assißnment because of uncertainties in creating positions
and staffing them. He sugsested that outlays between
:¡¡;16.ooo and '1:'27,000 should cover operations...road main-
tenance excepted...to the end or the riscal year 8:46 PM
2. Councilman Wilson, ¡'{Orkin, independently with Coro
Foundation and Le.apue of Cities background material,
had a f~gure of ì2~,145. Using an estimated population
of 1,900, he hoped for subvention money in the amount
of :'114,345; thus leavinG about \19,800 to raise by taxa-
tion. A tax rate of about 19.5¢ was indicated.
3. In a short discussion in which all Councilmen participated,
the need for continuing and many-sided study was streesed.
4. MOTION:
Moved by Nathanson that all Councilmen meet to discuss
budget matters for tile period to 6/30156; and that
they do so in the liGht of' minimum services to be
acquired as inexpensively as possible.
Seconded by Saich
Carried: 5 - 0 8:53 PM
8:20 PM
8:19 PM
2. Letter from Crocker National Bank of San Francisco
requesting co-operat~on rrom ~City in routing tax
bills to them on local properties mortgaged to them.
a. MOTION: Moved by Melerholz that this request be
sent to the office of the County Tax Collector
for appropriate action.
Seconded by Saich
Carried 5 - Õ
3. Letter f'roiil California State Highway Department ad-
vising local municipalit~es 01' certain changes in their
personnel. No action by the Council seemed necessary.
vJithout the formality of a Motion, the Councilmen
took notice of the invitation and expressed an indi-
vidual intent~on of attending if possible.
- 2 -
------
The Mayor declared a short recess
- - - -
3. City Attorney:
a. Nathanson reported that the screening committee
(Saich and Nathanson) would probably interview
applicants in about a week; and then be in a posi-
tion to offer a recommendation to the Council.
b. Mayor Lindenmeyel' sU_2;ested that applicants for
the Clerk's position be screened at the same time.
c. MOTION:
Moved ~ Saich that screeninß be deferred about
a week to allow time for discussion with school
district officials regarding possible joint use
of school district office space and office per-
sonnel at prices fair and equitable to both.
Seconded by Wilson
Carried: 5 - 0 9:20 PM
VI. REPOHT ON j,PPLICI.TIüHS FOR POLICI:; CRIEF: CITY !.'l'T0l1l'2'T
1. Police Chief
a. Nathanson reported on a discussion between
Sheriff Hawley, Saich and himself. It appears
that t~e Gneriff's office can provide the police
service including patrol cars, radio network,
and jail. The Sheriff can qualify Îor the technical
require~ent tlwt the City have a Chief of Police.
'l'he exact price of obtaining police service by
contract from the Sheriff's office vIas not deter-
mined. The conversation was purely preliminary and
tentative, and was directed to the period beyond
6/30/56. Until that time, the City will obtDin
present County services including police protection,
pursuant to ordinances passed, resolutions authorized,
and requests considered at the Council ueeting of
10/10/55.
b. It was generally agreed I'li thout formal motion the t
this approach to furn~shinG the police service was
the best for the time being at least. 9:07 PM
2. City Clerk:
a. Nathanson reported on two or three possibilities
of obtDining this service inexpensively:
(1) Either the fire district firehouse, or some
school district facility seems an obvious
choice for office SDace.
(2) Joint use of certain school district personnel
mi:)1t be arran:.;ed wi th school district trustees
on a basis of equitable sharing of costs.
Switchboard and stenographic service was
mentioned as examples.
(3) Earl Foster, a local CPA, has offered to
donate time and possibly some stenographic
services while the City is organizing the
clerking function.
b. In discussion that followed, some of it from the
floor, the views were expressed that school dist-
rict personnel had very little surplus time; that
the Clerk's duties would soon be full-time or
nearly so; and tha t there lIould be some local
irritat:wn if all local requests were referred to
County offices in San Jose,
"
- J -
6. Councilman Wilson reviewed some of the conditions under
w~1ich he thought the Commission should operate:
a. All"action" to be taken in open meetings scheduled
in advance, and publicly announced.
b. Meetin:..;s held purely for discussion at which no
action is taken need not be publicly held.
c. Commission should be at liberty to hire or invite
in such non-residents as can help solve local
problems.
4. In further discussion it was agreed to select the two
holders of the long te~n by drawing names from a hat.
Those selected were:
Ray Bell - for a term to April 1957
Ed Cali - for a term to April 1957
5. MOTION:
Moved by Nathanson that the five men recomnlended be
ãppointed to serve as a Planning Co~nission; that
Bell and Cali serve a term to April 1957; that
Leonard, NerIsen, and Paizis serve a term to April
I95õ;-ãlnd that thereafter terms on the Commission
run one year from April to April.
Seconded by (Wilson?)
In a short discussion brouGht on by a question rrom
the floor it was agreed that the Council is not
bound to select a Commission composed entirely of
residents of the area. It was noted that one appointee
lives outside the City but owns property and does
business within the City.
Carried: 5 - 0
9:45 PM
3. MOTION:
Moved by Meferholz that a resolution he drafted
estaõlish ng a Planning Comraission of 5 members
to be appointed by the Council; 3 members to serve
a part term to April 1956; and 2 members to a
longer term to April 1957, thereafter terms to be
1 year to coincide with the terms of the Councilmen;
that this Comraission study zoning and l&nd use for
the City, and present its findings in the form of
recoil~nendations to the Council; and that the approp-
riate County officials be notified of this action and
advised of the Council' II hope for continued co-opera-
tion with the County Commission.
Seconded by Nathanson
Carried: 5 -0
2. Mayor Lindenmeyer asked if there was any discussion
from the floor. Boris Stanley asked if there had been
a decision on the size of the Commission. The Mayor
replied that the Council had decided on 5. In further
discussion it was suggested that these decisions be
fonnalized.
VII. REPO_tT OF COì;LIT'i'EE TO :13COJ""",,fID A PL\¡'T3IHG CŒÜiISSION
1. CouncilMan Saich distributed s~eets recoil~aending
5 names for a Planning CO~ilission:
RaY;,lOnd Bell
Ed Cali
Burrel Leonard
Cecil Neilsen
GeorGe Paizis
- 4 -
8. Another proposed ordinance relating to subdivisions
was mentioned by Mr. Pearl. It has usually been enacted
as a companion measure to the septic tank and restaurant
ord~nances. The Councilmen and the health officers
evidently thought it could be tied in later, so it was
not read or enacted.
the proposed restaurant
read, and that it be desig-
I-IOTION:
Moved by Nathanson that
ordinance be adopted as
nated as Ordinance 004.
Seconded by Wilson
Carried: 5:-0
10:45 PM
XI PUBLIC H:.:.ALTH ;~;:'OLUTION lit O.c/DINj'~NCE
1. The Mayor introduced Mr. Emanuel H. Pearl, Public
Health ßngineer, and Hr. Irwin N. Fallis, Director of
Sanitation for Santa Clara County.
2. Cow,cilman Meyerholz, to whom the resolution had been
referred, reported that it seemed in order; and contained
essentially the same provisions the area has lived under
for the last several years.
3. Mr Pearl reviewed County practice in regulating sanitary
conditions thru ordinances relating to septic tanks and
sewers, and control of restaurants. He stated that
several cities within the County are using approximately
the same controls.
4. At the request of Councilman Wilson, the proposed basic
ordinance relating to septic tanks was read in its
entirety (10:16 to 10:28) by Mr. Pearl. 10:28 PM
5. I~OTION:
Moved by Wilson that the Council adopt the proposed
septic tank ordinance as read, and designate it as
Ordinance 003.
Seconded by Nathanson
Carried: 5 - 0 10:33 PM
6. Councilman Meyerholz read the companion ordinance
related to restaurants (10:33 to 10:40) 10:40 PM
7.
- - - -
IX & X ANNEXATION POLICY; JOHNSON ifl were passed over in favor of
XI---H~.LTH ;illSOLUTION---due to the presence of County officials
invited to discuss the proposed public health ordinances.
- - - -
7. MOTION:
Moved by Wilson that the Planning Commission meet
šõõn to select a chairman; decide on a time and
place for regular meetings; begin work on a pro-
posed zoning and land use ordinance; and begin
work on a statement of basic principles, object-
ives, and method of operation; all of vmich is
to be referred to the Council for review and
comment.
In discussion from the floor, the real estate view
was expressed that Commission meetings should be
frequent to eXpedite transactions. Councilman
Nathanson suggested that a regular meeting be
scheduled once a month.
Seconded by Meyerholz
Carried: 5 - 0
In further discussion it was aGreed tl>at the newly
appointed commission ~~uld meet with the Council
during the week; George Paizis to make the arrange-
ments and call the appointees and Councilmen. 10:02 PM
- 5 -
(' ,
';-. ,'! I
I.JÆl/l'ì (2, " -E:.J!'1 Í- ,<\./vt:',/
Burrel Leonard, Acting Clerk
Respectru11y submitted
Mayor Lindenmeyer set the next Council meeting for 10/24/55
8:00 PM
- .~ - ...
XIII ADJOURNMENT
1. Meyerholz reminded the Council of the school district
policy of closing the buildings by 11:00 PM if possible.
2. MOTION:
Moved by Saich that the meeting be adjourned.
Seconded by Nathanson
Carried: 5 - 0 11:06 PM
X. WRIGHT A\Œ:.: JOHNSON #1
1. Nathanson reported some signers to a petition of protest
against Johnson IiI being pushed by San Jose. He suggested
that the matter be referred to the Planning Commission
for study.
2. Sunnyvale's \/right Avenue annexation is in litigation.
The directors of the Improvement Association have made
no recent announcement. The case is scheduled to come
to trial 10/31/55.
XI. OFFICE SPACE; IJAILING ADDRESS
1. Nathanson reported requesting permission of the proper
authorities for use of the firehouse as needed. No
decision yet.
2. The Mayor reported that a donor had paid for F.G.Box
597 which would become the official mailing address
of the City. 11:03 PM
XII LEGAL DESCRIPTION & MAP
1. Nathanson reported that County Clerk Olson had filed
an appropriate map and legal description with all of
the required State and County offices. 11:05 PM
IX. STLTE/!ŒNT OF hNNEXATION POLICY
1. Although a written statement was discussed at the last
meeting, no councilman was definitely assigned to prepare
one.
2. The Mayor appointed Vilson to write such a statement.
------
The Health officers were excused after expressions of
thanks and appreciation for their help, and the Council
went back to item IX on the agenda. 10:55 PM
-----
9. Mr. Pearl called attention to a portion of his letter
of transmittal stating that the services of the Health
Dept. are available without cost follovdng the close
of the discal year 6/30/56; but that a resolution
requesting this continued service should be directed
to the Board of Supervisors prior to 3/1/56,
- 6 -