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CC 04-10-61 ¡,,}~.~Q ..,0 CJ p, O. Box 597 AL 2-4505 ~ >-3 ~ I-< t¡¡¡;;¡ Time: Place: CITY OF CUPERTINO Cupertino, California SPECIAL MEETING OF CITY COU~CIL April 10, 1961 7:00 P.M. 10321 SoutÞ Saratoga-Sunnyvale Road ROLL CALL: Present: Ab3ent : Councilmen: Benetti, Lazaneo, Saich, ?elosi CoWLC1 lmerll Jewett Tþe tneeH~g ~~ t~ M~~ ~ ~ Ctlt.;y r;a"'-~ser III ..frice. !liMe the Plann2:.rJg øoml!1.1$t~- 1teJ3' hol¢1ng U{'!t re&\Ùar _et~ 11\ the Co\U1C1.1 ChambeX"$ , Mayor Pelosi øt.atæd tœt ~be. ~ta1 ~t;1r.Igwa:$. calle¢.. $lob or the Counc1.lmen hav1n(5 reee11te4 a.not.~, fot' tJu! '(;!tu"'¡:IOàe. to 4~$:¡: I tem I. lUghway 9 Item- XI R&!$o.1ùt1Oft 8upþóriing t~ Santà Cl,tt;! County WätQ'l:' Oomm1.S$1on. Ham IIt 1\-1 On\1na_.. Item I Mayor pelQ$1 Þa:1.dly cut.:l.1,t~ 1'Qrøer 6ta^t.ement& re@;ârdini HighwaY 9, aa71~ j;'J:¡at; bli W({S ~ that a11 of tbeCo1,UÏ.c¡¡.l.. -cien ,'were- in favor of the w1det!ing prcgram. there ~s stu.¡# hgwewt'~ the prOblei'1 of' i'Iaving Ii _~i:>taetor:i à~ê- l/:Ie1'1t with '$, Board of ~i&O:t'$. whereby ~ Ctty ~1,tld not be placed 11'1 II t1na~1t¡.l biM. Mtmt<tott waC/. ¡¡¡ad~ regarl$- ing the City Enginèi!%"ø repot't maðe at; the ~O'Qn¢.U m.wt1ng of AprU 3rd, wherein th~ $t1stit had reql%eg~ 'thróllgÞ t~ County, that Cupert1no 'be eontàè.teð to Gee 1.t'tlWy would oonslðer acqu1ring "yen raddlt10nal tee-t òt r1ght$-of--way at ttre Int'el"-aectlonB 'Of Hol'Rèatead, ~"ens ~/.{ and :801- l1ng61' Road.. The Council m~m'bers pt'e$&nt weN in S: ?;t'ee- ment tha t the Cl ty WUlJ,1d nct ·þe.come involved 1n add! t10nal rights-of-way or tinanclng pf'Oble1\18 ò1;het' than wha~ was presently beföre thein. the- 'tUN)easarY width w comply w1th th~ eighty: teet required tly the D1v1øwn Qf Highwe.ys. City Jl'länlig\11l' was lnatNctW to ad'lri,e. t~ WWtty. W¢Ut1ve Director, Mr. Campen. Mayor peloal c~nteð (In thß· huolution tha~ :œØ, betn sent to the City þy th:ø 130~ àJ: 5'btpervirron in w'hich the C1Qt woulCi agree to 'U$~ lts 701& Qttbè Ð1!:p1'eS4I-Wðy& bond IItOney for re~vmen\:. I:ó tb.!t ~ounty :fOor rigtI..&-o1' -vmy purcM86s. CouncUman $ð.loh staiW4 that, ''is hE:! had stat.êd ber~re, he hÐd worlœd to:1' 1Iwent)' II1Ot\tb~ on tM £xþJ'ßss-WaY$ CoJ!J11litt~e and that .ne- nad reported to t.~e ~¢1l 'that the Oommittee wsø going to !'$c.ommeM thattMIUi! dt1è.$ ttu!:t did ~t have express-waY8. but would be oÞl1gate4 to' ~lp pay tor ex- press-ways in other 4'it1CHJ. wO'u14 be given 1($ 'Or t:tJ..è assessed value or the City ~o c~natrvct m$jor atreet~. A Resolut1ón was lIul¡¡m1tt~4to tl\e iIoaJ'd cf· SUpaJ!'V1sor£! giving SteVt:ns Creek No.1, Ste1l1ng Jtoad,)jo, 2 ~M Wolffe ttoad )fG. 3 priority. I pl'O'Il!Oted t~ expr6:Þ-waya '!»nd 1trsue en the adoption of Q f!(!soluti_ by thli COl.\ncl1 that Stevens Creek Road would be lmprove<l with this money and I will not chance my mind and will vote against using any bond issue money. Councilman Benetti state~ he 1s in agreement with Councilman Saich that Stevens Creek ie important to the City of Cuper- tino and it should be improved. - 1 - I;)xq ÚolC.f(',<· Councilman Lazaneo requested that more in~ormation be obtained regarding the amount of rights-or-way that the City has received from propertJ' owners, wha t has been improved, and what has beeD acquired without improvements and potential acquisitions. Councilman Lazaneo stated that the Engineering Depart- ment should make a thorough check on the rights-of-way and make a report to the Council. Mayor Pelosi stated that we had that in~ormatlon and I think it is quite accurate. I have gone over it in detail, the information was obtained in the City Hall offices from the applicants for zoning along Highway 9. Councilman Lazaneo asked if the inter-change at High- way 9 and Junipero was included. The Mayor stated that it had been, inasmuch as it had been indicated by the State that they would pick up those sections of rights-of-way, Councilman Lazaneo stated that this was not positive enough as far as he was concerned, and that the City ~anager and the City Engineer should get positive information regarding the rights-of-way at the inter- change. Councilman Benetti: I think that we need more informa- tion from the County as to how much the rights-of-way will cost. We are groping around in the dark. Before we obligate ourselves to any agreement, I, for one, want to know how much it is going to cost. Councilman Saich: I agree, I do want to know, in dollars and cents, how much this is going to cost. Councilman Saich moved that the City Man~ger and the City Engineer meet with the State Officials, get the information regarding the rights-of-way, particularly on the inter-change at Highway 9 and Junipero. Se- conded by Councilman Benetti. AYES: NOES: ABSENT: Councilmen: Councilmen: Councilmen: Benetti, None Jewett Lazaneo, Saich, Pelosi Mayor Pelosi then suggested that a motion would be in order to write Howard Campen, County Executive Director for all the information regarding Highway 9, Motion was made by Councilman Benetti, that the City Manager write to the County Executive Director request- ing information and in addition, make a personal call to talk over Highway 9 with the County Executive Director. Seconded by Councilman Saich. AYES: NOES: ABSENT: Councilmen: Councilmen: Councilmen: Benetti, None Jewett Lazaneo. Saich, Pelosi The City attorney was asked if the City of Cupertino could obligate its finances for a period of fifteen or twenty years. City Attorney Anderson stated that a General Law City could not, without approval of the electorate, obligate the General Fund of the City be- yond the fiscal budget year. It was his suggestion that they have an opinion from the County Counsel if the express ways bond money could be used for the pur- chase of rights-of-way along Highway 9. The Mayor requested that the City Manager this matter up with Mr. Campen at their meeting. - 2 - Item II Iter¡¡ III ATTEST: J ¡; HI Mayor Pelosi stated that he had attended three Water Commission meetings. At the last meeting there had been a discussion relative to having sit, as commis- sioners, with the present eight cities, all of the cities in Snnta Clar County. It was the opinion of some of the Commission members that there was taxa- tion without representation ond that before the Resolution that had been adopted by the Council "73.S presented to the Commission, that this matter should be thoroughly discussed and aired by the present members, at their next meeting, which will be held April 12" This matter was to be decided; whether all sixtücn cities should be represcntedon the Water Commission. The Mayor is to report to the Council the decision that will be made at this meeting. R-l Ordinance Councilman Benetti stated that sub-paragraph (b), Building Heights; be changed to read; One and one- half stories, or twenty-five (25) feet, whichever is the lesser. Councilman Benetti moved that building heights limit be one and one-half stories; twenty-five (25) feet, whichever is lesser. Seconded by Councilman Lazaneo, AYES: NOES: ABSENT: Councilmen: Councilmen: Councilmen: Benetti, Lazaneo Saich, Pelosi Jewett Motion failed to carry. Councilman Saich moved that sub-paragraph (b), Maxi- mum Building Coverage; be amended to read; 40% of lot area instead of 35%. Seconded by Councilman Benetti. AYES: NOES.: ABSENT: Councilmen: Councilmen: Councilmen: Benetti, Lazaneo, Saich, Pelosi None Jewett The Council agreed that (f), Front Yard Set-Back, should be twenty feet (20) and that fifteen (15) feet set-back may be used on curved driveways v!hen Ð. side entrance is made into the garage. Not over fifty (50%) percent of the lots will be permitted in anyone tract. City Attorney Anderson advised the Council that inasmuch as the ordinance under discussion was an urgency ordinance, the Law did not permit urgency ordinances to be enacted under Special Meeting conditions. It was moved by Councilman Benetti that the meeting be adjourned, Seconded by Councilman Saich. Meeting adjourned: 11:30 P,M. APPROVED: /S/ Anthony J. Pelosi Mayor ~~ç