CC 04-09-60
61
P. O. Box 597
Al_2-4505
C I 'I' Y 0 F CUP E R 'I' I N 0
CUPERTINO, CALIFORNIA
MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
APRIL 9, 1960
Place:
Time:
10)21 S, Saratoga-Sunnyvale Road
10:00 A,M.
I. SALUTE TO THE FLAG
II.
ROLL CALL
Councilmen Present:
Councilmen Absent:
Pelosi, Wilson, Saich, Nathanson, Lazaneo
None
III. The Mayor said that the matters for discussion consisted of the so called
Hubbard Plan involving a $76,000,000 bond issue to provide for County
Expressway System; second, Resolutions 284 and 284_A Authorizing the
Widening of Highway 9 through the Formation of Assessment Districts.
IV. Councilman Saich explained that the Expressway System has no routes with-
in the City of Cupertino at the present time. For this reason he as a
Cupertino representative has opposed the adoption of this system with
his attendant on the issue. He said there seems to be some embiguity
and leeway in the amount of money involved, apparently in that the entire
road program is at present invisioned in three stages, first. involving
the aforementioned $76,000,000 issue. He said that Cupertino should
not endorse the program until some recognition is accorded the City in the
form of road construction actually within the City limits.
Councilman Saich suggested that Cupertino recommend Stevens Creek Blvd.,
or other important routes within the City as major intercity roads which
would qualify for funds. At the present he advised that the City not vote
agreement on the Intercity Expressway but he does favor an intercity
thoroughfare program. The City would then realize some return and value
from the tax burden emposed on its citizens for these road purposes.
He also said that the City sr,ould vote pgainst U,e proposition if the
tax rate is too high.
Councilman Pelosi said that his copy of the report indicated that the 70
odd million worth of bonds constitutes the first stage of a three stage
pro¡;ram designed to complete the traffic plan ..nd will ..mount to $200.000,000.
The M..yor reported th..t he has discussed the m..tter 1áth Hr, St..rbird,
S..n Jose City Councilm..n, The bonding cap..city of the County is not now
sufficient to flo..t $200,000,000 worth of bonds. Therefore the program
is being considered in terms of st..ges, the first of which will involve
the aforementioned $70,000,000. ThiE ..mount is scheduled for a seven
year progr..m which, is hoped, will be complete in five years.
The Mayor reported that the County-wide jurisdiction is ..lready committed
to lOt. This would call for..n ..dditioD"\7¢ tax rate to proceed with
the first stage. 30% of the issue will go to the County and 70þ to the
combined cities. Mr. St..rbird who is a memoer of the tr..fficways committee
has aaid th..t Stevens Creek Blvd. and holfe Jto..d would qualify for funds
inasmuch as they are related to the expressway routes. Money would simply
accrue if no roads met the necessary criteri... Intercity Etreets ..re
said to qualify if they funnel traffic or in some w..y connect to the express_
way system. The definition of an expressway is supcosed to contain the
proviso that there is no right of access by adjoining property owners,
according to the City Attorney.
Councilman ~ilson mentioned the Foothill Expressway which halts at the
intersection with the proposed Junipero Serra Freeway. According to pre-
sent design the Foothill ExpresEway is the closest to the City of Cuper-
tino. Councilman Saich said that Cupc'tino should endorse ~¡olfe, Stevens
Creek Blvd., and Stelling ..s intercity thoroughfare. The County will be
the fisc..l agent. The Expressway System, of course, has ..lre..dy been
mapped by the DeLeuw Cather Plan, Councilman Saich has already reitterated
..s did Councilman Pelosi that April I) is the date for the deciding vote.
The M..yor said that 70% alloc.tion can be used by the
except p 5 approved by the controJling ..,gency itself.
of the expression thus far ..5 follows:
individu..l cities
He summ..rized much
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1. Expressw~ys should be clearly l~beled and qu~lified ~ccordingto the
ext~blished regul~tions.
2. The City of Cupertino is not on ~ny expressw~y,
3. L~wrence St~tion Ro~d is not in Cupertino but is ~ ne~rby route which
h~s been design~ted as ~n expressw~y.
4. The possibility of qu~lifing wolfe Road for funds. Discussion also
concerned the prob~bility of qu~lifing Homeste~d, Stevens Creek Blvd.,
Wolfe, ~nd Stelling for funds.
Councilman wilson said th~t he believes in unified effort to improve
circul~tion, ~nd he noted th~t people who live in Cupertino do use ro~ds
beyond the City limits. He therefore suggested qua~ified approv~l of
the $70,000,000 bond program on beh~lf of the City of Cupertino, subject
to; first, ~nnu~l reapportionment of the bond credit ~s affected by the
ch~nges in the ~ssessed v~lu~tion; second, subject to the premise that
the 30% planned for County pool will be spent on roads qualifing as
expressw~ys within the me~ning of the Streets ~nd Highways Code of the
State of Californi~ ~nd subdect, in the third place, to the conclusion
reached by the controlling agency on the question whether Stevens Creek
Blvd., Wolfe Ro~d, Stelling Road, and Homestead Road are elig~ble for
funds.
Councilm~n L~zaneo. Pelosi, and the City Attorney will attend the
April 13 meeting.
The !~,yor ~sked the represent~tive to give consideration also tt, the
propos~ls of the Monte Sereno.
V. LID's for widening Highway 9,
The ~yor st~ted that v~rious agencies ~re discussing LID's in order to
gain the right-of-w~y for St~te Route ~9, in particular, Sunnyvale,
Cupertino, S~n Jose, County of S~nt~ Clar~, S~r~toga.
Councilm~n Wilson expl~ined that the present intention of the State
Highway Division is to pave 58 feet if the interested jurisdictions ~Qll
~cquire ~n 80 foot right-of-w~y from El C~mino Re~l to Fruitv~le Ave.
which intersects the Los G~tos_S~r~tog~ Road. He suggested, however,
th~t the ~ssessment district be formed which would provide right-of-w~y
to the extent of 120 feet inste~d of 80; this would preclude the necessity
of forming ~ second ~ssessment district at some future date so as to
further widen the highway to its eventual plan line n~mely 120 feet. This
would accomplish the ~cquisition program in one stage r~ther than two
although the present need has been st~ted ~s 80 feet to provide the
cooperation required by the highway commission. Curbs and gutters will
not be constructed until the width goes to 120 feet.
Paul M~riani addressed the Council ~nd said, in summary, th~t is is un-
f~ir to expect the abutting owners to give property for general highway
usage. He described this as worse than confiscatory.
In place of such an assessment district he proposed that the area look to
the cities ~nd County for land acquisition. Using a formul~ whereby the
County would p~y h~lf the acquisition funds and the combined cities
would furnish the remaining half subject to ~ modification form adjustment
when ~n annexation bec~me involved. The second fe~ture of this progr~m
would be that property owners would be requested to sellon a five year
basis so as to relieve the financial burden on the public agencies. A
proviso would be ~tt~ched to the effect that the owner would relinquish
4/5 of the charge if the highway was constructed adjacent to his property
in the first year, 3/5 of the second year, etc.
The City Attorney said the ~ssessment proceedings do prov~ae ~ formul~
whereby the benefit is related to the cost ~nd that such assessment
district does not result in a donation of property to loc~l governments.
nor confiscation by s~me, but ~re established on an equitable basis in
~ w~y ~s to provide incre~sed right v~lue and interest on the part of the
abutting owners who h~ve supplied the necess~ry right-of-way. It,is~
procedur~ codified by the State of Ca,liforni~ in the form of a statutes
enacting in 1903. and 1911 among others so as to provide the public with
ro~ds sufficient to assure streets in the public interests ~nd welf~re.
Councilm~n Wilson said he is in ~n opln~on th~t the increase in property
v~lues warrants the dedication of property adjoining the highway.
Councilm~n Pelosi proposed that the district be confined to ~n 80 foot
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right-of-way.
Resolutions 284 and 284_A, said Mr. Anderson, simply authorize ct~
institution of proceedings which would result in the formation of an
aSEessment district. The district itself is subject to a vote of any
int~rested parties.
Resolution No. 284 was read, a Resolution of the City Council of the City
of Cupertino Requesting Consent of the COlinty of Santa Clara for the
Exercise of Extra_Territorial Jurisdiction over County Are~s on the
East~rly side ~nd Adj~cent to Highway 9 between Homeste~d Ro~d ~nd Lucille
Ave. for the Form~,tion of ~ Local Improvement District, ~nd for the
Purpose of Acquiring Rights-Of-W~y for the Widening of Highway 9.
Moved by Councilman Wilson th~t Resolution 284 be ~dopted. second by
Councilm~n S~ich, carried 5-0.
Resolution 284_A w~s introduced, ~ Resolution of the City Council of the
City of Cupertino Offering to Institute Proc~..dings Under Divisions 6
~nd 7 of the Streets ~nd Highw~ys Code of the St~te of C~liforni~ for
the Purpose of Acquiring Rights_Of_Way Thereon on Highw~y 9 from Home-
stead Ro~d to Bollinger Road.
Moved by Councilm~n Saich that Resolution 284_A be ~dopted. seconded
by Councilman Wilson, c~rried 5-0.
VI. The }~yor requested th~t members of the Planning Commission be given ~
telephone reminder of the Monday night Planning Commission meeting, April
n.
VII. Meeting was adjourned at 12:10.
Approved:
M.yor, City of Cupertino
Attest:
b& I~' ~~L,
City Clerk