CC 06-10-60
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P. 0, Box 597
Al-2_4505
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C I T Y ° F CUP E R TIN 0
CUPERTINO, CALIFORNIA
¡'-'IKUTES OF TEE ADJOUNRED REGULAR MEETING OF THE CITY COUNCIL
JUNE 10, 1960
Place:
Time:
10321 South Saratoga_Sunnyvale Road
8:00 p.m,
1. ROLL CALL
Councilmen Present:
Councilmen Absent:
Benetti, Lazaneo(8:15), Pelosi, Saich
Nathanson
II. Paul Mariani addressed the Council on the subject of the widening of
Highway 9. He told the Council that the next hearing on the matter
is scheduled for 2:00 p.m. on the afternoon of June 14, 1960, Board
of Supervisors Chambers, 20 W. Rosa St., San Jose. He said that if
the people as a whole want a wider Sign Route 9 the Highway Association
would like to take a constructive position, although they do not presently
believe that any means to achieve a wider highway is necessarily the
proper course. They appreciate the difficulty facing the controlling
jurisdictions in acquiring the right of way and in view of the fact
that the highway is used by so many people other than the adjoining
property owners, it may be appropriate to seek some other method of
financing the project in lieu of the conventional type of assessment
district.
The main problem is, of course, the means of financing the property
acquisition. The Board of Supervisors, }~, Mariani related, cannot
make commitments that would theoretically or actually bind a future
board. This fact bears a relation to the suggestion that the project
be financed through long term bank notes. Options have also been pro-
posed and some form of long term option may be the eventual method,
said Mr. Mariani. He added that a method of financing which did
not have popular backing could not be applied to the project.
Councilman Saich wanted the owners to be asked whether they agree to
consider the possibilities of a ten foot, (additional) right of way.
He acknowledged that the right of way is difficult to acquire and
referred to the fact that it is still a state owned highway. There-
fore, why should the Division of Highways not acquire the property thus
reversing the responsibilities and placing the construction burden upon
the local agencies.
Mr, Mariani said that it is his understanding that the state must have
a replacement for highways contemplated for abandoment; in this regard
he could not understand such a proposal for Highway 9 inasmuch, he
5aid, as Junipero Serra Freeway will travel at right angles to the
existing Highway and Stevens Creek Freeway will not parallel Highway
9 exactly, In any event, he said, it must be a County or State pro-
ject. An assessment district just will not go, he said.
The Mayor said that the nine thousand_name petition for the widening
of the highway involved a fallacy in that the signatories assumed that
the state would take responsibility for the entire project, both con-
struction and acquisition. Other Councilmen concurred,
Counci~en Saich said that Highway 1 is 60 feet, for the most part,
from Bollinger to El Camino and 40 feet from Bollinger to Saratoga
except for a few San Jose developments which have provided for a greater
width.
hr. Mariani said that the widening of the highway will be accomplished
partly through dedication and partly through payments by the local
ag,ercies and it is a calculated risk on the part of the abutting owners
as to how much will be exchanged on a more or less voluntary basis,
considering property in the process of development and otherwise.
Councilman Saich said that the Division of Highways has acquired the
necessary right of way along Highway 9 from Bayshore to the railroad
tracks at Mathilda. The City of Sunnyvale has purchased some'of,the
land and acquired some by dedication.
99
Mrs. George Simpson. Highway 9 Association, reported that Sunnyvale
has said that they are opposed to assessment districts per se but
will consider an assessment district composed of the entire City
not merely the frontage properties.
The City Attorney, Mr. Anderson, referred to the pertinent Resolution
enacted by the Cupertino City Council and said that the County has
not reguested Cupertino to exercise extraterritorial rights along
the highway. He said that from a legal standpoint there are certain
accepted methods of srreading the burden but he recognized that poli-
tics and private arrangements are also an important factor. The
City funds would not permit Cupertino to undertake the financing.
This would have to come from land owners; otherwise only the County
or the State could support such a program. The Street Opening
Act is an efficient means for getting the minority or dissenting owners
to participate. The majority must be in favor,
Mrs. Simpson said that the possibilities extend beyond the scope of
individual cases and that the ultimate method chosen could set a
dangerous precedent and could be ruinous to small land owners. She
said that the consensus at the last meeting of the Board of Supervisors
was that the State has not taken sufficient interest, It remains
for the people to change the position taken by the State Division
of Highways.
Mr. Fleming, City Engineer, reitereted that the Highway 9 petitioners
were under the impression that the State would handle the entire
prof.ram. Four lanes of traffic would be the minimum to carry traffic
on the highway. He agreed that the whole problem should be returned
to the City and that this is the general opinion of the public.
In conclusion, the City Attorney said that 60% of the frontage owners
must acquiesce to the ~idening of the high~ay in order to employ
the conventional form of highway assessments.
III. The City Council went into the study of the budget with the City
Manager summarizing and explaining the preliminary budget submitted
by him, page by page.
IV. The meeting was adjourned at 11:45 p,m.
Approved:
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Mayor, Ci
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Cupertino
Attest:
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City Clerk
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