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CC 06-19-61 337 P.O. Box 597 AL 2-4505 C I T Y 0 Feu PER TIN 0 CUl"'.I!;f!TINO, CALIFORNIA MINUTES O:ç¡' THE REGULAR MEETING OF THE CITY COUNCIL - June 19, 1961. Place: Time: 10321 So. Saratoga-Sunnyvale Road 8:00 P ,M. I SALUTE TO THE FLAG II ROLL CALL: Councilmen Present: Jewett, Pelosi, Saich and Lazaneo Councilmen Absent: Benetti City Manager, City Attorney, City Engineer and City Clerk III MINUTES OF THE PREVIOUS MEETINGS: June 5 and 9, 1961. Staff Present: Moved by Councilman Pelosi that the minutes of 9, 1961 Council meetin~be approved as submitted. Councilman Jewett: the June 5 and Seconded by AYES: NAYS: ABSENT: Counci lmen: Councilmen: Councilmen: Jewett, Pelosi, Saich and Lazaneo None Benetti rv PUBLIC HEARINGS: A. Paul Mariani. Jr., et al: Application to rezone 64.5 acres from A-2:B-4, R-3-H, and R-l:B-2 to C-l-H: 13.5 acres NE corner Mariani Be Highway 9; 29.5 acres SE corner Mariani & Highway 9; 11.5 acres NW corner of Highway 9 Be Mariani; 10 acres west side of Highway 9, 329 ft. south of Homestead Rd. Denied by Planning Commission Resolution 53. Appeal continued. Paul Mariani called attention to the fact that the Planning Commission noted the absence of certain ordinances regulating com- mercial districts within the City, He said that he requested a vote of the Planning Commission expecting a denial so that the matter could be brought to the ordinance-making body, namely the City Council. He referred to a report of Riches Research, Inc., which he said he had mailed to all councilmen. He then read this report. In addition to the contents of this report dated April 10, he a~ded additional figures pertaining to sales tax revenue'"com- paripg the $38,000 received by the City of Cupertino with $446,000 rsce~ved by Sunnyvale, and $3,700,000 received by San Jose. These are figures for the fiscal year 1959-60. He continued by stating that Cupertino has a need for a central business district. ~gures quoted in the aforementioned report indicate that the Cupertino area can anticipate 100,000 people in 10 ,to 25 years. He therefore repeated that the City should pro- vide facilities to accommodate the expenditure of $100,000,000 in retail sales. He drew an analogy between the population forecast, the sales vOlume, the facilities needed to accommodate the same, and the commercial floor space necessary. In addition, Mr. Mariani posted three maps; (1) including the West Valley area with the Cupertino section circled, (2) indicating the 400 acre area upon which the Riches Research, Inc., report is based, and (3) a traffic improvement map indicating the vehicular arteries designated to move the traffic generated in the proposed center. The map con- tained roads at t mile intervals. The three methods of buffering suggested as alternatives by Riches Research, Inc. include plant- ing screens, masonry walls and R-3 zoning. The aforementioned buffers would be situated between Commercial and single family residential. Mr. Mariani read another letter, dated April 26, 1961, which listed the types of uses which could be included within a downtown area, prefacing the lists with the statement that it is not inclusive inasmuch as the downtown areas are changing and new . 338 demands a-re occuring. The list included the folloWing general categories: retail commercial, service establishments, offices, recreation and entertainment, vehicle sales, transient living accommodations, community facilities, civic center, commercial and warehousing. He further calculated that the net usable acres would be 253 out of the 400 acre total. He added this could be further reduced by expansion of the presently foreseen street network. He stated that misplaced commeroial is bad for the City and bad for the owner, that land must be economically commeroial as well as legally cOmmercial and he further contended that merely labeling property as commercial when it is economically infeasible is a dis- service to the owner and the City and he would welcome denial in such a case. 1- ~ e l~ ~ The ~Y9r said that the application as presented entails more than 64t acres of zoning and that such a project does require examination by a planning specialist and a professional in that particular field. He said he can see merit in the proposal. Mr. Mariani continued that residential builders are acquiring land in the subject vicinity, If the City needs commercial in this area, time may be essential to preserve it for commercial purposes. Councilman Pelosi proposed the thought that the central core area of Cupertino is "moving out" and as yet is not clearly defined due to the annexation program which is adding considerable terri- tory around the western and southwestern boundaries of the City. The latest City map was posted showing the boundaries of the City as of June 19, 1961. (Other annexations are in progress). Councilman Pelosi continued that the present application could promulgate a core area other than the existing center. This in turn, he said, could crompt certain activities on the part of San Jose which is situated adjacent to the recent annexa- tions of Cupertino in the southwest corner of the City. Councilman Saich referred to a recent traffic count of 25,000 cars per 24 hours on Highway 9 near the Catholic Church and 26,500 cars on Stevens Creek Boulevard near the Chariot Restaurant. He agreed that the matter should be left to the City Planning Consultant rather than the Riches Research, Inc. Councilmen Jewett said that the application is timely and he moved that the appeal be continued until such time as the pro- fesSional planner has time to review the applioation in conjunction with Riches Research, Inc. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: I10TION CARRIED: Jewett, Pelosi, Saich and Lazaneo None Benetti 4-0 The Mayor asked that the minutes show the aforementioned motion was made w1ththe consent of the applicant. B. Bonar & Fisher: Application for Use Permit for gas station Simla Junction. Recommended by Planning Commission Resolution 48-A. A map of the 1.4 acres recently rezoned for Bonar & Fisher was posted. The City Attorney consulted Ordinance 2-A (Revised) and stated that it provides for hearing by the City Council in the event of an appeal from the decision of the Planning Commission, but it makes no mention of City Council action in the absence of such appeal. In this case, the Planning Commission voted the approval of the use permit together with the rezoning aforementioned. Members of the City Council expressed the view that use permits have come before the City Council in the past. -2- 33H Jlioved by Councilman Pelosi that the to the next meeting of the City Council. Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: appl1cation be postponed Seconded by Councilman Jewett, Pelosi, Saich and Lazaneo None Benetti 4-0 Councilman Pelosi further moved that legal counsel study the correct procedure and report back to the City Council. Motion with- drawn in favor of simply so instructing the City Attorney. C. R, Cali: Application to rezone 17 acres from A-2:B-4 to R-l, west side of Bubb Road, diagonally opposite Columbus. Recommended by Planning Commission Resolution 54, The map of the property was posted. The applicant was repre- sented by Don Bandley. He said the records including the file and Planning Commission minuted indicate his position and presentation. Moved by Councilman Saich that the hearing be closed, Seconded by Councilmen Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich and Lazaneo None Benetti 4-0 Moved by Councilman Saich that the City Attorney be authorized to prepare an ordinance rezoning the property as per the R. Cali application, file 29, and in accordance with the Planning Commis- sion Resolution 54. Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich and Lazaneo None Benetti 4-0 D. Bubb Ranch Assoc.: Application to rezone 6 acres from A-2:B-4 to C-l-H, southeast corner of Bubb & McClellan. Denied by Planning Commission Resolution 55. Appeal. Don Bandley represented the applicant. He referred to his letter of appeal and the Mayor called for reading of the letter. The map of the property was posted. Councilman Saich questioned the map insofar as the S.P. right- of-way is included. The applicant agreed that the rezoning ex- cludes the railroad right-of-way, the eastern boundary of the re- zoning map properly being the western edge of the S.P. right-of- way. The mayor called for opinions from the floor. John Kennedy, 7916 August Lane, said that he now has the same objections presented to the Cupertino Planning Commission, i.e. failure of the applicant to present plans, proximity to several schools which he said adjoin the subject site on two sides; absence of plans for road networlc and questionable zoning regulations for commercial district. Ellis Jacobs, 22051 RegnartRoad stated that as an architect he would say that Bubb Road is the best reSidential location in the Cupertino vicinity and that this would be spot zoning prior to the adoption of a master or general plan. Highway 9 and Stevens Creek Boulevard provide sufficient space for commer- ;, cia 1 expansion, he said. Councilman Jewett questioned his reference to hillside loca- tion, saying that the proposed location appears quite level. Mrs. Mary Louise Lion, City of San Jose, stated that her children go to neighboring school and that community theory is that schools should be protected, not placed close to shopping centers. She added that it is not good planning and not fair to tempt r.'; -. , -3- 340 children to troublesome close to school zones. traff~c would not be in s1~tions by pla~ing commercial property She said further that the additional the interest of school clLildren. 1-1 ~ ~ ..... t~ Jim Hunt, Kirwin Lane, aslead whether there is any guarantee that the shops named in the letter of appeal would actually matèr~alize. The City Attorney responded that the City has on very few occasions had a misrepresentation in its zoning applica- tions. Another comment from the floor was made to the effect that the City of San Jose would very likely react to such a rezoning by placihg additional commercial centers within its own jurisdiction. Councilman Pelosi moved that the hearing be closed. Seconded by Councilman Saiah. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich and Lazaneo None Benetti 4-0 Moved by Councilman Pelosi that the application of Bubb Ranch Assoc. for rezoning of 6 acres to C-I-H, situated at the southeast corner of Bubt and McClellan, be approved. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: AaSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich and Lazaneo None Benetti 4-0 Moved by Counoilman Jewett that an ordinance be prepared re- zoning the subject property to C-l-H as per the applicatior~. Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich and Lazaneo None Benetti 4-0 John Englebright, Idlewild Greens, insisted that the wishes of the citizens of the City be carried out. John Gates, Westacres Drive, stated that most of the objectors reside within the City of San Jose or the county, rather than the City of Cupertino. He aclmowledged that his own subdivision association had weighed the advantages and disadvantages of the application and had decided to protest but they would be willing to abide by the vote of the City Council. V ORDINANCES AND RESOLCTIONS FOR ADOPTION: A. Ordinance 178: Rezoning property of to R-3-H; lots 43 & 44, north of Stevens Wheaton Drive, between Blaney & Portal. Ivan Bilich from R-l:B-2 Creek Blvd., west of Second Reading. Councilmen Jewett asked the City Engineer whether the road pattern would be changed to bring Wheaton Drive straight across from the existing section, and whether other proposals would be feasible. The City Engineer responded that the property lines and existing and potential use of the property does not always corres- pond in neat fashion with existing or proposed streets. However, he said that the present neighborhood plan which extends Wheaton Drive on a curve to the north is b~tter than extending Wheaton on a straight line with the present alignment or placing the street to the north and making a square turn. He a.c!mowledged some difficulties with the proposed street pattern. Councilman Jewett referred to the small slivver of property which would be left by the proposed street pattern. Councilman Pelosi suggested the possibility of reversing the curve and the extension of Wheaton, locating the street at the rear -4- 341 of the frontags lots which are þOtentially commercial. The City Engineer explained that the existing neighborhood plan has been drawn so as to make use or the property on the north althoUgh he said there is nothing wrong with reversihg the curve to run the street further to the south. Councilman Saich said that he does not favor cul-de-sacs, but the City Engineer said there would have to be some road pattern to serve the property to the north and that this would probably in- clude cul-de-sacs anyway. Councilman Jewett concluded that the existing neighborhood plan does provide the best circulation pattern. In response to a question, Jerry Fitzgerald, representing the applicant, stated that he would be happy to go along with some re- duction of the R-3 area if the street pattern materialized as shown on the neighborhood plan. He agreed to eliminate the slivver on the north side of the proposed road and an additional area fronting Portal on the south side of the proposed road. Councilman Pelosi proposed that property fronting Portal, both north and south of the proposed road where it is bisected, remain R-l:B-2. In that case, the applicant is required to amend his description and application for R-3-H to eliminate the aforementioned areas. The Mayor advised the applicant to submit revised descriptions and maps and that the first reading of the ordinance would be re- scheduled for the next meeting. He further advised the City Clerk to notify Louis Segal and/or Robert Dempster of the change in schedule. B. Ordinance 179: Approving the annexation of certain unin- habited territory designated Stevens Creek #10. Second Reading. Moved by Councilman Saich that full reading of Ordinance 179 be waived by unanimous consent. Seconded by Councilman Jewett. Ordinance 179 was read by title only, being an ordinance approving the annexation of certain contiguous uninhabited terri- tory designated Stevens Creek #10. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich and Lazaneo None Benetti 4-0 C. Resolution 462: Endorsing AB 1294. Deleted from the agenda. VI PAYING BILLS: A. Resolutions 460 and 461. Moved by Councilman Saich that Resolution 460 be adopted. Seconded by Councilman Pelosi: AYES: NAYS: ABSENT: Councilmen: Councilmen: Councilmen: Jewett, Pelosi, Saich and Lazaneo None Bsnetti Moved by Council Saich that Resolution 461 be approved with the correction that Warrant #2097 be shown as street lighting bill. Seconded by Councilman Jewett. AYES: NAYS: ABSENT: Councilmen: Councilmen: Councilmen: Jewett, Saich and Lazaneo None Benetti and Pelosi VII PROTESTS AND WRITTEN COMMUNICATIONS: 1. Mayor Logan, City of Sunnyvale: ~Acknowledgment card to Cupertino City Council. -5- Q"'2 i)'-.t 2. Santa Clara County Sheriff: Letter concerning contract for patrol services. The Board of Supervisors has determined that it will not be necessary to propose higher rates at this time. The contractual charge during 1961-60 will remain at $17,608.00 ror eight hours of traffic patrol service daily. 3. Division of Highways: The California P~ghway Commission has adopted a resolution providing for an 1~terchange at the proposed extension of Wolfe Road to provide access to State Highway Route 239 contingent upon construction of a diamond type~1nterchange at Saratoga-Sunnyvale Road. . 4. Louis D. Segal: Application for the coming vacancy on the Planning Commission. ~..... þ~ "".. 1..."--' r_ \¡~ 5. Ruffo & Chadwick: Request for notification pertaining to Council discussion of improvements along Highway 9. Councilman Saieh asked for the names of the members of the Highway 9 association referred. to in Mr. Ruffo's letter. The Mayor referred the matter to the City Manager. 6. County Library: Announcement of vacancy on the County Library Commission. Councilman Pelosi stated that CUpertino Library Commission may wish to make a recommendation on filling the vacancy. He requested that the Cupertino Library Commission be informed accordingly. 7. County Trafficways Committee: Agenda for June Zl, 1961. 8. Inter-city Council: Invoice in the amount of $45.00 to the Santa Clara Inter-city Council treasury. Moved by Councilman Pelosi that the City authorize the payment of $45.00 for said purpose, Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich and Lazaneo None Benetti 4-0 VIII REPORTS OF OFFICERS AND COMMISSIONERS: A. Report of City Treasurer. No further report. B. Report of City Engineer: 1. Highway 9. The City Engineer asked the Council what further steps are required, The Mayor advised the City Engineer to contact interested parties; those with frontage on Highway 9, concerning a possible assessment district for Highway 9 within the City limits; Bollinger to approximately Homestead. After discussion concerning details, the Mayor authorized the City Manager to contact the City Engineer and request the information necessary for the Council to consider the matter. 2. Councilman Pelosi moved that the Planning Commission be given a copy of the latest neighborhood plans. Seconded by Council- man Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich and Lazaneo None Benetti 4-0 3. Standard Specifications. The Planning Commission has referred the matter to the City Manager. The City Manager advised that the preparation of -6- 94") (J-ð standard ~þe~if1oations abculd be discussed in ¢onjunction with the 'study of the bUdget. 4. Boundary Map, The City Engineer was advised to submit a cost estimate for the preparation of a base map expanded to encompass present and future Cupertino annexations. 5. Storm drainage cost study report. Referred to City Council study session. 6. Moved by Councilman Jèwett that the City accept municipal improvements including curbs and gutters, sidewalks, pavements, street lighting facilities and storm drainage facilities on the Greenhouse property, south side of Stevens Creek Road at Calabazas Creek. Seconded by Councilman Saich. AYES: Councilmen: Jewett, Pelosi, Saich and Lazaneo NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 7. The City Engineer referred to the request of Bethel Lutheran Church for a temporary waiver in the construction of municipal improvements on their property at Miller and Sorenson. The Board of Trustees of the church has submitted a letter to the City Council giving written assurance that they will provide the required street improvements as soon as the property to the rear is improved or when otherWise required by the City of Cupertino. The City Engineer explained the difficulty of im- possibility of a church posting a bond. Moved by Councilman Saich that the site approval permit be signed for the ,Bethel Liitberal'l Chut'ch at Miller and Sorenson. Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich and Lazaneo None Benetti 4-0 C. Report of City Attorney: 1. The City has been tendered a grant deed for a 60' strip of land parallel to the Stella Gertson Tavern alongside McClellan Road. The original deed was made to the County which in turn transferred the property to the City after the City annexed the adjacent land. The new deed has been substituted for the original deed to the County. The City Attorney observed that this is Cupertino's first acceptance of roadway property in an unimproved state. The property can be barrioaded to protect the City liabi:li ty until improvement of the right-of-way. The deed is un- dated, and will be completed contingent upon the final annexation. The matter was referred to the City Manager for a report back to the City Council. Councilman Saich requested a small map to indicate the property. 2. The City Attorney presented a petition for annexation of lands designated Stevens Creek 13, signed by Richard R. Garrod, Emma S. Garrod, R. V, Garrod, Vince I. Garrod and Louise G. Cooper, also consent to exclusion of their residence dwelling and the inclusion of the remainder of the property as said property iß affected by the proposed annexation to the City of Cupertino, en- titled Stevens Creek #13, signed by Richard R. Garrod, Emma S. Garrod and Vince I. Garrod. Moved by Councioman Saich that Resolution No. 463, being a resolution of the Council giving notice of the proposed annexation of certain uninhabited territory to said City, describing said terri tory and designating it by the name of II Stevens Creek - 13", -7- 344 1- ~ L-: 1- ~ making certain findings respeoting said proposal, and giving ,notice of time and place said Council will hear protests thereto. Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich and Lazaneo NOlie Ben"tti 4-0 The Mayor announced that this annexation would close the boundaries between the cities of Cupertino and Saratoga, and that the C1 ty oVled thanks to Councilman Pelosi who was instrumental in processing the annexation. D. Report of the Planning Commission: See Minutes of June 12, 1961 meetirg. E. Architectural & Site Control applications. 1. Northwestern Enterpriaes: H Control. Miller Avenue; continued. The Applicant was not present. Moved by Cóuncilman Pelosi that the application be removed from the age¡¡da. Seconded by Counoilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: :DC UNFINISHED BUSINESS: Jewett. Pelosi, Saich ahd Lazaneo None Benetti 4-0 A. Split zoning question. Moved by Councilman Pelosi that the City Council accept the Planning Commission recommendation that the owners of said property apply to the City for rezoning at their own behest. Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett. Pelosi. Saich and Lazaneo None Benetti 4-0 B. Storm Drain Master Plan Report. Referred to st~dy session. C. County Water Commission. Moved by Councilman Jewett that the City Attorney prepare a resolution supporting the County Water Commission. and authorizing the Mayor and City Clerk to sign. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett. Pelosi. Saieh and Lazaneo None Benetti 4-0 Counc11~an Pelosi proposed 'that the City investigate the possibility of Hetch Hetchy water supply. D. Review of Ordinance No. 163. Referred to study session. E. Miscellaneous: None -8· 345 x }ffiW BUSINESS.: A. Miscellaneous: 1. Councilman Pelosi reminded that July 3, 1961 is an important date in the city's recreation program in that the Examiner Easeball School will be in Cupertino that day. 2. Councilman Saich said he would attend the next meeting of the County Trafficways Committee to be held June 21, 1961. 3. The Mayor asked authority to send a letter of appreciation to the various citizens who have given aid and assistance to the City, such as Tom Burrascano on the evening of June 15, 1961. The Council agreed that such authority was intrinsic to the office of Mayor. 4. Councilman Pelosi proposed that a loudspeaker be purchased for the City. It was decided to include this as a budget item, 5. Councilman Pelosi also requested that the City Manager send a letter of commendation to the Cupertino Library Commission for their successful and untiring efforts in connection with the Cupertino branch of the County Library. 6. The City Attorney requested a letter of appreciation be sent to Messrs. Garibaldi and Stokes of California Water Service Company for their cooperation in transferring the Stelling Road Well bacle to the Cupertino Water Department. XI ORAL COMMUNICATIONS: 1. The City Manager reported receipt of a letter from·the City of Santa Monica concerning a narcotics menace, and asking the City to write or wire Governor Brown to veto AB 2626. Moved by Councilman Pelosi that the City of Cupertino go on record as opposing AE 2626. Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich and Lazaneo None Eenetti 4-0 2. The City Manager reported that the annual confference held by the League of California Cities has been scheduled for the City of'. San Francisco, October 22 - 25, 1961. He suggested that Cupertino submit reservations, and asked for the appropriation of $10.00 for each registrant, totaling $100.00. Moved by Councilman Pelosi that the Treasurer sign a warrant in the amount of $100.00 for room deposits at the Fairmont Hotel. Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Pelosi, Saich and Lazaneo None Benetti 4-0 3. The City Manager reported on a meeting with Donald Currlin of the County Flood Control District, confirming the fact that the District will complete the Regnart Creek channel upon acquisition of the remaining right-of-way by the City. He said he would submit a further report when more details were available. 4. The Mayor asked the City Engineer to prepare a map indicating assessment district possibilities on Highway 9 and parts of Stevens Creelc Boulevard, including the cost of making these arteries 120 feet wide. Councilmen Pelosi discussed the possible depths which may be included in such an assessment district, whether the district would include property to a depth of 400 feet, or whether some other system would be used. -9- 346 'l't19 01 tj' BMineel'" asked. for more deta.11a on such a report, whether it shOuld include eo~~tes for a distrlct constructing median strip, street lights, storm drainage, etc. It was decided that these details are an administrative matter and the City Manager was advised to indicate to the City Engineer the details necessary to complete the report required by the City Council in order that it can make a policy decision. XII The meeting was adjourned at 11:05 P.M. to an adjourned regular meeting June 26, 1961, at 7:30 P.M. APPROVED: /s/ Nick J. Lazaneo Mayor, City of Cupertino ATTEST: \ ..../. ..._i...._, ...... .~-. -- I,' ¡. ,,' '. Lawrence K, Martin City Clerk -10- -_.._._--_.__._--~~_.~.-"-~-- ¡..... ~' ~ ".... lìli;;