CC 01-05-61
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P. O. Box 597
C I T Y 0 Feu PER TIN 0
CUPRRTINO, CALIFORNIA
AL 2-4505
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
JANUARY 5, 1961
Place:
Time:
10321 So. Saratoga-Sunnyvale Road
7:30 P.M.
I
II
SALUTE TO THE FLAG
ROLL CALL
Councilmen Present:
Councilmen Absent:
Others Present:
Pelosi, Benetti, Jewett, Lazaneo, Saich
None
City Clerk, City Attorney, City Engineer
III FREEWAY INTERCHANGE AT HIGHWAY 9.
The City Engineer summarized the past actions and the present status
of the Freeway through the City of Cupertino with references to in-
terchanges and grade separations at the various streets.
The Freeway agreement provides for grade separations at Blaney and
Stelling and interchanges at Highway 9 and Mt. View-Stevens Creek
Rd. and the junction with Stevens Creek Freeway. In addition reso-
lutions have been adopted and transmitted to the Division of High-
ways and other interested agencies endorsing interchanges at Mary
Avenue and Wolfe Road, as well as the extension of those streets.
The latest design for the HiShway 9 intersection shows Lucille
Avenue turning due south, 90 turn, approximately 400 ft. east of
Highway 9, also that the interchange be clover leaf design instead
of diamond.
The City of Sunnyvale has also adopted a recent resolution endors-
ing the extension of Mary Avenue to Stevens Creek Blvd.
The Mayor suggested that the City Attorney prepare a resolution
encompassing the entire Freeway network through the City limits,
including 7 structures, one to be a trumpet or similar interchange
at Mt. View-Stevens Creek Road providing a grade separation for
north and south traffic.
Moved by Councilman Saich that the City Attorney prepare a reso-
lution encompassing Council views on the Freeway interchanges (see
above); Seconded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
The Council proposed a study session prior to January 12, 1961, so
as to reach final agreement and approval of the resolution to be
submitted to the Division of Highways.
Moved b7, Councilman Benetti that the City Engineer prepare an ex-
hibit, 'A", to accompany the resolution; Seconded by Councilman Saich.
AYES: Councilmen: Benetii, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
IV HIGHWAY 9 WIDENING.
Reference was made to theHubbard Plan for the widening and pavement
of Highway 9. Councilmen stated that Cupertino endorses the widening
of Highway 9 but is opposed to any reimbursement plan using appropri-
ations from the County Trafficways Fund.
The CIty Engineer made the point that reimbursement after the time
any dedication has been made is virtually impossible, as there are
no mechanics for such a payment. He re-iterated that Highway 9
will be 120 ft.
V J. A. MOREING BUILDING PERMIT
Councilman Lazaneo referred to the shopping center at the corner
of Blaney Avenue and Bollinger Road.
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Resolution 406 auth~rizes the execution of an agreement between
the aforementioned Moreing and the City of Cupertino. Council-
man Lazaneo inquired whether or not adoption of this resolution
would not clear the way for issuance of a building permit. He
maintained that he and other City Councilmen were under the im-
pression that no further requirements remained once the resolution
had been adopted.
The City Engineer explained that the site clearance which emanates
from his office and is a prerequisite to the issuance of a build-
ing permit refers only to the in-tract, 1. e 'ulJri vaj;~operty_ por-
tion, part of the developement. The resolution 1406 in this case}
applies only to the off-tract improvements, i.e. the public right
of way, including curb, gutter, sidewalk, and street. Present
procedure provides that the CIty 60uncil only can approve the
agreement for the public improvements, whereas, the on-site im-
provements are approved by authority of the City ~gineering Office.
After considerable discussion, consensus appeared to be that this
procedure should continue. However, Councilman Lazaneo expressed
a wish for faster action on plans so that builders are not delayed
unduly. He suggested more responsibility be lodged in the City
Engineering Office so that h1lding permits can be expedited.
The City Attorney said that all exigencies and circumstances are
covered by present City ordinances and tat no substantial dis=
cretion is lodged in the building department assuming all City
ordinances are met. By the same token he said a building permit
is null and void if City ordinances are not fullfilled. Reason
for the adoption of resolutions approving agreements between the
builder and the City with respect to the public improvements, said
Mr. Fleming, lies in the fact that the City responsibility is great-
er in the public right of way than on private property, inside the
property line.
VI Meeting adjourned at 9:40 P.M. January 5, 1961.
APPROVED:
r~J £¡n'A'
Mayor, C' of Cupertino
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