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CC 02-21-6310322 sea. Saratoga - Sunnyvale Road 252 -4505 C I T Y C P CUP 3 R T I N 0 CUPPL't M, '.alllornla 1IL»S OP THE ADJOUKqED PMUTAR PMETTTi3 OF THE CITT COUNCIL - FP.BIBL1RY 21, 1963 Pelee: 10321 So. Saratoga -as *rvale Rd. Tl�s - 8:00 P.M. x 11= CA Councilmen Present: Daepeter, Finch, Jewett, Saieh, Benetti Opncilmen AboMtt' fiia t :<>lgTf Present: CM Mtneger, City. Attosoay, Oflim w1ginser, City Clete NNE 'r ' Hamm do New resolution 690: wPmneridglm 1, 62-6• Se Mayor opened the hearing for the annexation and anted the rl.7 AY+lvap for an opinion. Mr. Anderson stated that an agreement has been Prepared for execution by aid between the City of Capertlne and the Jaggev & Union Sehool DdAtrlet_ It is his understanding that imw City is: "aft to sign after nhich it will be tlamm7.tted to the School Dis- ta"let for their consideration. ResoLdlen 703 has been Ioa+aiaed to the Jefferson. District. It wee saM ested by the City Attorney that the matter be continued to the next meeting to give the district the opportunity to consider the agreement. MD written protests have been received to date. It was moved by CounellAan Salch, and seconded by Councllmar. Daimpster thane Mayor aandC�y Clerk be authorized to sign the agreement AYES: Councilman: Dempster, Finch, Jewett, 3aich. Benetti x1123: GDuncilwn: gone ABSM: CouncilLw .: None Motion carried 5 -0 It was moved by Counc;.1 -+an Dempst =r and +--corded by Councilman PL•.+eb that Resolution 717, authorizinC execution o! the agreement, be adopted. A'M- Councilmen: Dempster, Pinch, Jewett, Saich, Benetti !PAYS: Councilmen: ?lone ABSENT: Oouncilmn: None Motion carried 5 -0 It was srved by Councilman Finch, and seconded by Councilman Dempster to t coming an::eauoa bearings on Pruneridge 1, E2 -6" to A$4: Councilman: Dempster, Pinch, Jewete, Salch, Benetti MAYS: Councilmen: None ABSENT: Councilmen: None Notion carried 5-O Iu A1KATION HBARIxG as per Resolution 691: "Prneridge 2, 62-7' MW City Clerk read Ordinance No. 228, AN OF=*" B APPROVING TM A>M UIION OF CENTAIN COilI30O03 UNIY.FABITED TPRRITO". 1R4ION►TED NNMMMM 2, 62 -7" TO TM cl—.r OF cumwrINO IN ACCOMMOZ NIYN TM MMMMM OP SECTION 35..300 ST SEQ. OF THd GOVE;R MM OWE OF Ta STATE O/ aLLpORNIA. Next reading March 4. Mr. MMrin C. Br1ggm, 496 Gimordn ra 1 Drive, Santa. Clam, President of Ifte mood Oats Roa�ormers Amamelation, reported that it was his under - egamdlad that the JefYemeaa Onion Sclwol District made as Agreement tAtt they -could not act an this until a meeting was arranged with the at, of Cupertino and Simin ClArS. -1- The Mayor replied that there is nothing that says cities have to enter into any a6re-ement. We have been working with the School District. I bellow it will be met with favorable reaction. This has been Wpertino's bid to show good faith and work with the district. We are acting in good faith and In the interest of everyone concerned. Councilasn Dempster. we did pass Resolution T03 to this effect. 'ibis was forwarded to the City of Santa Class and therl received It in good faith, and were veal pleased we are willing to cooperate. I reel that we will do everything within our power to cooperate with the City of Santa Clara and ieoidecta on all sides. A copy of 1Mselstim 703 was also called to Mr. Brlgg:s. Mr. Bill Bomm, City Planner rem' the emy of soma Clare, tepoata a that stra+ariAer =a very well received. It Is hoped that am dewlopoent to daunt will be all hope for. In regard to the need !bare is for a r'essome s boundary between the two cities, w hope Ton 511M understand. ' it is tbm hope of the city of Mints Claw that the traffic inb, the new pLmR will be controlled. r\yor Baaetts: Up real as you do. We rent this to develop sore then anyone else. Cupertino has had the opporumity to prow in tl ►asrt that what they ens today will core about. At one time me sere enlled 3n to give Up inewtry to protect our neighbors. This meant lass of revenue but we did give this up. W. Bngers asked if Santa Clare's Planner could work with Capertino's planner on this matter. Mayor Benettl: I bo;e we don't get too far off on this. We are willing to listen to any expert in the field. We are not trying to figure this out ourselves. If you have some experts, bring them along. ti.7an and the City both have experts worsting on this. Mr. Everett sathen, 3839 Melody rare, Santa Clare. reported that the Jefferson School District adopted the position that they were aweit!.g an anticipated meeting of minds between Cupertino and Santa Clara. Ban any action or plans been underway so that tlwe dis- trict might be advised of that meeting and act accordingly. The Mayor replied that the Resolution was the Council's answer. We have assured the City of Santa Clara as all other cities around us. that we rant to do what is right for all concerned. Mr. Thomas Thornton. 1T90 lark lane. Chateau lest, Santa Clara, wbo is rot a resident of the annexation property, asked if he had the right to oppose. lie Lalod if Council is entertaining objections to rezoning all the annexation. The City Attorney answered that the resolutiom, stated that as to the develupaent of the property. all persons will be heard regard- less of place of residents; the City realizes this is mope than a local coreere. time Government Code provides that protests can only be filed by property owners residing witn?n the arnaatation. Tlris annasation establishes a common boundary line between the 04ty of Cupertino and Smvgvale. when the question of the use to vMch this, should be put, then yve should be heard as to the thinking in pro - teeting your own ln',erssts. In answer to Mr. ak -Iop, Mayor Benetti replied: I can assure 7ou that batever you are about to say, we will try to do our best for you. We will treat your comments with the utmost care in our decision. The Mayor asked for any other �ommaata from the audience. Tbsre were none. eomallman saich moved the protest hearing be closed. Seconded by Cou ncilsan Dempster. AnS: Ce un"2=m: Dempster, ?inch. Sswett. Saich, Berwttl Nils: coamel.:aam: wore ABNM- 0oemad3mnr: More ration :.rsied 5-a -2- "r Ber,ettl expvnW ma appmeletlon for the convto from the audience, and thanked those in attendance for their interest, We rak only am thing, he continued, that you cooperate with us, and work with us. Per b, so to work with you and the door born Is always open. We mean Mat we say. We rant to realize this not only for ourselves, but for our neighbors, it will mean as much to Sunnyvale and Santa Clara as to Cupertino. I7 RPATM OF CITY PRNAMM li[iPM ON HOED IMPACNlNE31T PS"PAM It was moved by Q lzen Dn"Ur and seconded by Councilman Jewett that this item be boetinued to Porch 4, 1963. lotion carried 5-0. V ASWIMM. DQSlIt , Ct 327' Mr. Tom Pam, MY Uwdlton Ave., San Jose, from Los Tom, was present for any questions the Council eight haw. The City Atbwomy wported that this was presented at the last Council meting, that it wag a request for setting up the public improve - rsats in an assessment district. This is somewhat a departure rzom our Policy whereby tot develoAer gat put in curbs, gutters and sidewalks. They have requested that an assessment district be met up. This wyald give the developer a period r' time to repel the moray. Councilman Finch asked what this required of the City. "be City lhnarar replied that the City void.', he" to approve it. * 3g The ineeris:g Depeetment would have to check all the work, and the City Attorney and the developer's attorney would work together to pre- ps" the leg&, documents. The ^ouncilmen asked for the advantagez and disadvanta -es to the City, also If this would hold up the Improvements. City Attorney: It is somewhat difficult for a Council to familiarize itself with the assessments and a trial run on a short one like this say be of some beneV t. Tien is no legal liability to the City. Other than the time involved in passing three to five resolutions, there is no time delay. Bonds would, be let ar4 sold immediately. The City Treasurer would have to sign the bands. Secondly, in order to Interest the City, the information was paaned on to me that ox or more Of the developers are attempting to work art something of a contribution on the bu!lding of the bridge. In order to get the financing and raise the money to pay for the bridge, then the City would get the Oxley. I think the first benefit is more important. T think we should learn to think on the assessment level. The City of San Jose has approximately 25 assesarlent procedures going. The County Treasurer haralles all our assessment&. This is only a courtesy to the developer, out of which we get funds for the bridge. This is simply a legal means by which a developer can put in public streets, one is the assessment method, the other is cold cash which requires big interest rates to the banks. Sacramento ram built this way. Councilman Saich asked how much road was involved. "_be City !lugger replied - a 30' street. The Main street is Wolfe Road, which would Le 9o'. City Attorney: These world run $100,000. The reason I think they are Coming into us is that the market is co good for sunicipal bonds It is arch leas expensive than raising cash from a bank. A letter was mailed to the City Council on this. Mr. Pam answered 0ouncilsan Jewett's question about time delay. There is absolutely no delay, all imrpovements are anticipated in about about 30 or 45 dayr. before the bonds ever cane up. We M all expenses. We ors agreeable that this be paid directly to the City out of the assess- , 0190 any incidental expenses arising from this. Pbrtalnbleu feels as we do, but I don't speak for them. They have every intention of going along with it if Council's action is favorable. When Councilmen asked Why this as being lbe'esented this my. instead of straight basis• Mr. Pans rep110d that It waa for firancial reasons. The land pa091a,4 14 a salt to me -3- subsequent to the improvements - being accepted by the C•.ty. City Attorney: The developer requests the City to pass the afimasary rerolutions so that the assessment district bands ^an be sold. $125,000 in Lends are assigned over to some 'broker. Be them takes Aveseds of sale for cash he has in the Job. It's at 6% simple Interest. There is no responsibility to the city at all. It takes a public agency to conduct hearings. In the petition, the developer wives protest. fx=: 9:00. : 9:10 Mr. 14sa was asked if he would consider getting together with the other developer concerned and coma in together. & replied that this is an individual project, and a two -week delay would work a haxd- ship. Mayor Benetti stated that he couldn't vote favorably because of the many questions in his mind on this. - the City Attbrnsy pointed out that there is nothing before the body nor. A feragl petition will bring some action. It was moved by Councilman Finch and seconded by Councilman Dempster that the matter be continued to March 4. Motion carried 5 -0. 9I PROTEST TO MDVDIG PERMIT: R -2 -H Zone at Rodrigues Avenue a 'Derry Way. There has beer: a request submitted to move in a duplex from San Jose to the corner of Rodrigues and Terry Way, where an office building re.s to be constiucted and was voted down. It was moved by Councilman Pinch and seconded by Councilman Jewett that a public hearing be set for March 4. Motion carried 5-0 VIZ MISCELLANEOUS Councilman Dempster: Since the City Manager Is going to inter- view architects, I would like to set a fee schedule so that there will be a basis to present to the architects. I presented a fee schedule obtained from the County to the City Manager. This has been used over a numuer of years. I would like to see this settled before anything gets started. This schedule is more strict than the AIA 's fee schedule. Where breaking points are, they are more lenient. The City Manager read the fee schedule: 1. 1b 100,000 8% of project cost 2. $1CO,000 to $200,000 3. $200,000 to $500,000 4. $500,000 to $1,000,000 S. $1,000,004) to $2,000,000 $8,000 + TO of project cost over $100,000 $15,500 + T% in excess of $200,000 $36,500 + 6J% of project cost in excess of $500,00 $69,000 + 6% in exceso of $1,000,000 Councilman Jewett. I believe this is a good point, but we can't do anything with a schedule like this. I would like to see the fee schedules presented by applicants. Councilmen Pinch: I don't want an architect cutting his fee, mo I think this is the wrong apLroach. If they are all bidding on a certain schedule, we would get a truer schedule. Councilmn Dempster: we are new at this thing. This is what the Oomty come up with and they nave been in the basirwesa for a longer ties than e. -4- Counclican Jewett wished to dlscuos this with the County more to get their feelings on the schedule. It was decided by Council that the City Manager should use the County fee schedule as a guide, a rule of thumb, in Interviewing architects. VIII AWOURNMENP It was moved by Councilman Dempster and seconded by Councilman Jewett that the meeting be adjourned. Motion carried 5 -0. Meeting adjourned: 9:20 ATTEST: Lawrence K. nartin, City erk LSLJohn 0. Benetti Mayor -5-