Loading...
CC 10-10-55 (3) !'lOTION: Moved bX Nathanson to postpone selection of a Hayor. Secondëã ~ Saich In discussion, Meyerholz wanted action at once. On the rirst putting or the question by voice, the results were inconclusive and dissent was heard. Carried 5 - 0 on a show of hands 8:20 PM II. ELECTION OF 1ffiYOR (1) The Chairman announced that it appeared that all five Councilmen were interested in the position ~f Mayor, and that he would entertain a motion on the length of the first term. (2) Nathanson expressed the belief that he and Saich were dormant candidates. He favored a postponement of the matter until such time as the Councilmen could arrive at an amicable concurrence amonß themselves; Lindenmeyer to serve as Chairman meanwhile. b. The City is now technically qualified to transact all business except that of levying taxes. 8:14 PM I. DETERMINATION OF EXIST~NCE OF THE CITY (1) Nathanson reported conversations with County officials establishing the follo\ñng: a. The Clerk of the Board of Supervisors sent certification of the election to the County Recorder on October 5, and to the Secretary of State on October 7. Thus Cupertino becamse a City on October 8, the day this affidavit was received in Sacramento. Cupertino Courier \lest Valley News S. J. Mercury Herald Palo Alto Times (The meeting was called to order at 8:13 by Ralph Lindenmeyer, Acting Chairman by virtue of having received the highest number of votes in the recent election. The attached agenda was distributed.) ¡'¡orton, \/illiam Burton, Harry Press Present: Applicants for Annexation Present: Komenovich, Robert Orlando, John Present: Clerk (Non-applicant filling in until applicants for job can be screened) Boyd, Charles Foster, Earl Jones, McLaughlin, H. M. Mabrey, Bob Struthers, \/. J. Thornley, Neil Partial List of Spectators Leonard, Burrel - Acting Sedgwick, D. J. Stanley, Boris S. Bandley, Don O. Huttlinger, Dan Rodrigues, John, Jr. cJilliams, Shelley Councilmen Absent None Councilmen Present: Lindenmeyer, Ralph, Acting Chrmn Hilson, Warner Saich, John Meyerholz, R. Ivan Nathanson, N. J. Place: Library, Cupertino Union School, Stevens Creek Road. Time: 8:00 PM ~ 10/10/55 CITY COUNCIL for the CITY OF CUPERTINO Minutes of First Formal Meeting "\ IV. IDdERGENCY ORDINANCE 001 (adoption of County Building Code) (1) MOTION Moved £z Meyerholz that the Council consider the two ordinances separately, and adopt them individually, assigning No. 001 to the first one. Each ordinance to be considered of interim nature. Seconded by Wilson Discussion took the fonn of questions on which ordi- nance was before the Council. It was aGreed that the Meyerholz mo~ion placed 001 - the buìldinß code _ before the Council for adoption. Carried by voice vote. No dissent heard. 8:43 PM - - - - (The Acting Clerk was directed to make the required reading of two emergency ordinances prepared by Spencer Williams, County Council. One appears as Item 5 on the agenda; the other as Item 6. The chair wished them both read before opening discussion on either. The reading was accomplished between 8:23 and 8:40 PM) 8:50 PM (a) MOTION: Moved £l Nathanson that the Council meet with Fortney. Seconded by Meyerholz Carried by voice vote. No dissent heard. Letter from Frank Barcells, Mayor of Santa Clara, offering congratulations and help to the new City. (5) 8:48 PM 8:47 PM Letter from Frank Thill, County Executive, stating the authority under which the County is permitted to continue furnishing---upon proper request from the City Council---all of the services which have been provided recently by the County to the area. (4) Letter from Anthony Lillo transmitting a message to the Council from ~arren Fortney, a California State Highway Dept. official. The gentleman had visited Cupertino seeking an appointment with proper officials to discuss subvention money related to gas tax funds. () (2) (Two ordinances were read and discussed between 8:23 and 8:44. These appear as items 4 & 5 on the agenda; and the minutes thereon are under those headings. The following additional correspondence under Item 3 of the Agenda was read between 8:44 and 8:50:) 8 : 23 PM Carried by voice vote. No dissent heard. MOTION: Moved by Nathanson that all insurance brokers (except h~mself) livlng or having a place of business within the City be notified of tile need for insurance, and advised that the City wishes to have them follow the precedent set by the school district in placing it on a basis by which they all participate in the premiums. Seconded by Saich. III. CORRESPONDENCE The Acting Clerk was directed to read the attached corres- pondence, some of which was acted upon: (1) Letter from Earl Fischer, a local insurance broker, stating that he had placed a 30-day binder in effect protecting the City and its officials from liability claims until such time as the Council could place such insurance as is nonnally carried by Cities. - 2 - (2) The community need of continued services without inter- ruption was generally recognized. Wilson spoke for a prompt and formal "asking" pursuant to the last para- graph in the Thill letter. (See 3-(3) (J) MOTION Moved £¡ Nathanson that a resolution be prepared at once by a Councilman requesting the County Executive to take all steps necessary to assure the continua- t~on of recently received County services until further notice. VII. SCREENING APPLICANTS (Chief of Police, City Clerlr & Administrator, Attorney) (1) Following a brief period of discussion which showed that there were already several unofficial applica- tions, and no established or comprehensive plan for handlinG them systenmtically as yet, the Chainnan ap- pointed two Councilmen ,mo volunteered to serve as a screening committee: Nathanson Saich (3) The Chairman expressed a willinGness to make immediate appointments, and asked if there were any volunteers. Two Councilmen responded and were appointed: Wilson Meyerholz 8:55 PM Seconded £¡ Meyerholz No discuss~on developed. Cal'ried by voice vote. No dissent heard (2) HOTIOlJ Moved £¡ Wilson that the Chairman appoint a committee of two Councilmen instructed to draft a City budget immediately and submit it to the Council as soon as possible. VI. INCOME: POSSIBLE LOAlTS FRON COUNTY (1) Nathanson reported on a discussion with Spencer Williams, County Counsel. a. Cupertino cannot open any negotiations to borrow money pending receipt of subvention and tax funds until and unless it has a budget. b. The City Hill be obliGed to operate "on the cuff" 1'01' the time being (as liilpitas has done). c. Mil:<)itas has reduced their out-of-pocket expenses by arranGing to use a portion of the firehouse as a City Hall. 8:44 PM Moved by Ueyerholz that the ordinance as read be desig- nated ordinance 002 and adopted as an interim control. Seconded £¡ Saich No discuss~on developed. Carried by voice vote. No dissent heard (1) MOTION (2) The Chairman announced ~lat this and the companion ordinance would be posted as required by law in three prominent pUblic places. (Postoffice, Town & Country Market, and Cupertino Store were selected after the meeting.) V. EMERGENCY ORDINANCE 002 (adopting the zoninG which had been in effect by County ordinance, and leaving details of administration with the County) - 3 - Seconded ÈI Saich In discussion common to this and the prior two paragraphs, it was evident that the Councilmen were disposed to discuss continuation of the police service with the Sheriff as a safeguard against any inadvertent lapse in police protection while the resolution is being drafted and goes thru channels. Carried by voice vote. No dissent heard. 9:03 PM VIII. SEL~CTION OF NOMINEES (for a Planning Commission, and an auxiliary, volunteer police force) (1) HOTION Moved £z Saich that the Chairman appoint a Committee of two to place names in nomination for these duties. Seconded £z Nathanson No discussion developed at this time. (There was some discussion later in the meeting as to whether those selected would of necessity be residents of the incorporated area. There was some sentiment from the floor in favor of permitting interested outsiders to serve provided they were within the unincorporated portion of the school district.) Carried by voice vote. No dissent heard (2) The Chairman appointed two Councilmen: Saich Wilson 9:05 PM IX. POSSIBLE SU}~ALE NEGOTIATIONS (1) Nathanson reported on the general nature of a recent meeting between officials of the California Water Services Co. and some of the directors of the Cuper- tino - Monta Vista Improvement Assn. (These two organi- zations joined with the Mardesich family in suing Sunnyvale over the Fremont ;,1 annexation along i/right Avenue.) Judge Owens has rendered an opinion over-ruling Sunnyvale's demurrer, and suggesting that the plaintiffs have a suit. Trial is set for 10/31/55. Sunnyvale appears to have offered a franchise and certain territorial rights to the \ffiter Co. Neither the Mardesichs nor the Improve- ment Assn. appear to be in receipt of comparably good offers. The last expression from these two parties favored going to trial. (2) Wilson spoke on the invasion by annexation of school district territory to the north and west. (3) Nathanson sugGested that there were several new owners along Wright Avenue; and that it might be well to find out what their wishes might be in the event the courts find that the Fremont #1 annexation is a nullity. 9:16 PM X. POLI~L ON EXPANSION (of the City by annexations) (1) The Chairman expressed the view that further discus- sion of IX would be both difficult and inconclusive until such time as the Council reached a general policy on annexations. (2) Wilson spoke ror a policy of cautious derensive annexa- tions as a logical followup to the recent incorpora- tion which he believes was defensive in nature, and in reply to a rash of encroaching annexations in "uninhabited territory" within the school district. He was disturbed by invasions from the South and East. (3) In continuing discussions in which Meyerholz, Sa~~h, and Lindenmeyer participated, it appeared to be the consensus that the Council realizes it is on trial; should proceed alonG defensive lines cautiously and soundly; and should operate well within the framev~rk dictated by the wishes' of the surrounding owners. - 4 - 9:52 PM (2) MOTIOJT Moved £l Nathanson that the Chainnan appoint Hilson a committee of one to complete these arranGements. Seconde~ £l Saich Carried by voice vote. No dissent heard XI. RESPONSIBILITY ON LIŒITIJTG DISTRICTS... (1) liilson reported that according to Scott (prominent author on municipal government matters), a new in- corporation inherits immediately the administration of li~.tinG districts from the Board of Supervisors, He suggested that the County be called to assure uninterrupted continuation of lishting services. (8) MOTION £¡ Nathanson that the verbal requests of Komenov~ch on 20 acres and Orlando on 16.5 acres be recognized, and that they be advised to follow up their requests as soon as the City is in a position to handle the matters in whatever proper routine is developed. Seconded £z Saich Carried by voice vote. No dissent heard 9:50 PM (7) Wilson suggested that the Council table further dis- cussion of annexation policy; that a written state- ment be prepared at once by a CounciLnan for study; and that the statement be fully discussed at the next meeting. The Chainnan declared a short recess. IJeeting resumed at 9:46 PM (5) Hathanson brought up the problem faced by the Komenovich family on Homestead Road near WriGht Avenue. They originally asked to be included in incorporation map, but were inadvertently ex- cluded in the drafting of the map and legal des- cription. Robert Komenovich, representing his parents and himself, reaffirmed the family wish to be included, and asked that this verbal application operate as a holding device until such time as proper formal application could GO thru whatever channels may become established. (6) Meyerholz introduced John ". Orlando, a property owner on the south side of Homestead Road near Wolfe. He, like Komenovich, wished to be included in the City. He said that thru misunderstanding or inadvertence, he too had been omitted from the original map and description. He requested that this verbal application operate as a holding device until regular charulels are established for final formal application. 9 :30 PM 9:26 PM A proposed San Jose annexation known as Johnson ;,.1 was touched upon by several Councilmen. Nathan- son had informa tion that tlle tele:ohone company has plans for an expensive plant in the disputed area, and suggested that on analysis it miGht prove to be a desirable item In the Cupertino tax base. (4) - 5 - (1) MOTION Moved Èl Nathanson that the Council meet at a special meeting Monday 10/17/55 8:00 PM Library of Cupertino Union School. Seconded £I Wilson Carried by voice vote. No dissent heard.10:Ol PM (3) Office Space and Phone Service: a MOTION: Moved ~ Nathanson that a Councilman discuss with FIre Chier Lingua the possibility of arranging for desk space and a telephone at the fire house; and should such an arrangement appear possible, enlist the good offices of Chief Lingua in presenting the matter to the Board of Supervisors for their approval. Seconded Èl Saich Carried by voice vote. No dissent heard. The Chairman referred the matter to Nathanson for attention. 10:04 PM (4) Post Office Box Without the formality of a motion, it was decided to make arrangements for a postal address with some contributor footing the bill if possible. d. The need for additional special meetings in the near future was recognized. (2) Council is permitted to meet privately "for discussion", but may not "act" at any meeting which is not publicly announced and openly held. (1) Council would give pUblic notice of special meetings c. Some questions and discussion followed this decision. It was brought out that: 9:55 PM Seconded ~ Nathanson Carried by voice vote. No dissent heard. b. MOTION: Moved £¡ Meyerholz that the offer be accepted subject to the rules of the governing board for the school district. (2) Place of meeting. a. Lindennleyer reported receiving verbal confirm- ation from Sam Lawson, principal of the Cuper- tino Union School, of permission to use the library room for the time being. - 6 - XII. SELECTION OF TI~Œ, PLACE OF ME3TI~G, etc. (1) A consensus was reached without Il motion that the second Monday of each month would be the time of the regular meëti~ Ö:OO P.M. was Ilgreed upon as the hour. 10:20 PM PLANS FOR TELEPHONE FACILITY: BUILDING PEmvíIT (1) Nathanson placed before the Council a set of plans handed to him on behalf of the telephone company. They have been seeking from the County a building permit and use pennit for a proposed facility at the corner of Blaney and Forest Avenues, The City now has jurisdiction. It was agreed that Meyerholz, an engineer by profession, hold the plans for study and disposition. XVI. 10:15 PM MOTION Moved £l Nathanson that the donor be thanked for this particularly thoughtful and appropriate gift. (2) XV. GIFT BY ANONYMOUS DONOR (1) Councilman Saich, on behalf of a donor who asked to remain anonymous, presented a large American flag to the Council. member of the Council the donor of the MOTION Moved £z Nathanson that some transmIt these sentiments to invitation. Seconded ~ ~h Carried by voice vote. No dissent heard The Chairman instructed Nathanson to transmit thi s message. (2) 10:12 PM XIV. INVITATION BY NORTH COUNTY COUNCILMEN (to a dinner Thurs. 10/13/55) (1) After brief discussion it was the consensus that the members were particularly busy on many matters at the present time, and that many prior commitments would make it very difficult for the Council to at- tend as a group at this time. The thoughtfulness and good wishes of the inviting organization was recognized and appreciated. 10:09 PM XIII. LEGAL DESCRIPTION & MAP-FILING RE~UIREHEI~ (of the State Board of Equalization) (1) The Chairman explained the requirement and mentioned the existence of a map and description used by the Incorporation Committee of the Cupertino - Monta Vista Improvement Assn. These were prepared by the Mark Thomas organization and presented to the Board of Supervisors in the incorporation proceedings. Though not entirely up to date, they were thought to be a reasonable starting point. (2) MOTION Moved ~ Meyerholz that the Mark Thomas Co. be engaged to bring these documents up to date to satisfy the Board of Equalization requirement. Seconded ~ Wilson C~rried by voice vote. No dissent heard - 7 - ; .I .. i ; {",. ~_ -_J ;. ," .... . . ... , . ~urrel Leonard, Acting Clerk I ,,/ I~ Respectfully submitted 10:31 PM ADJOURNMENT (1) MOTION Moved £z Nathanson journeCl." - Seconde~ ~ ~h Carried by voice vote. No dissent heard that the meeting be ad- (2) The need for a Planning Commission as a recommending body was evident. Discussion followed---some of it from the floor---on reasonable qualifications for those selected to serve on such a body. Mr Huttlinger spoke for using some people residing in the unincorp- orated portions of the school district. The matter was not pursued to a definite conclusion, for it was not clear that there would be a lack of qualified people residinG within the City boundaries. 10:30 PM - 8 - " -' XVII. '.