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CC 08-29-61 f!j"fj8 \'~i\~~ ~ 10321 SO. SARATOGA-SUNNYVALE ROAD C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA AL 2-4505 ¡..... ~ c::: ~ tJ: MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL: August 29, 1961. (Adjourned from August 22, 1961) PLACE: TIME: 10321 So. Saratoga--Sunnyva1e Road 8: 00 P,M, ROLL CALL: Councilmen Present: Councilmen Absent: Staff Present: Benetti, Pelosi, Saich and Lazaneo Jewett City Manager, City Attorney, City Engineer and City Clerk I GEMCO AGREm~ENTS: The City Engineer stated that the agreements between the City of Cupertino and Lucky Stores, Inc. are in order, the fees paid, and the bonds posted. Moved by Councilman Benetti that Resolution 1,86 be adopted, aecepting dedication of real property from Lucky Stores, Inc, Seconded by Councilman Pelosi. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Pelosi and Lazaneo None Jewett and Saich 3-0 Moved by Councilman Pelosi that Resolution 487 be adopted, authorizing the execution of an agreement by the Mayor' ¡and the City Clerk. Seconded by Councilman Benetti. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Pelosi and Lazaneo None Jewett and Saich 3-0 The agreement described in Resolution 487 is between Lucky Stores, Inc" and the City of Cupertino, II REDUCTION IN STREET WIDTH IN TRACT 2860 - TORO DEVELOPMENT CO. The City Engineer posted a map of Tract 2860 showing the en- croachment of Wolfe Road interchange in the subdivision. Mr, Fleming explained that the JwÜpero Serra Freeway will require a piece of property roughly triangular in shape measuring about 202' x 14' at one end. Drake Drive has been planned as a 60' street in accordance with Ordinance Lr7. About 30 homes front on this street. The City has received a letter from Toro Development Company stating that the builder did contact the State Division of High- ways prior to commencing preparation of the final map, Thereafter the State approved a cloverleaf intersection at Wolfe Road and the Junipero Serra Freeway line along the subject tract. The State will now intrude about 7' into the property, The letter asks the City Council to allow a reduction in the width of Claremont Drive (Drake Drive) to 56', thus giving extra width in the lots along the freeway side to compensate for the property that the freeway would take. The letter goes on to say that the applicant has requested a reduction in density along subject street and that the situation produced by the Division of Highways results in a hardship, George Oakes stated that the subdivider wishes to maintain at least 100 feet in lot depth, If his request is granted the street will be reduced to 56' and the extra 4' will be added to the affected front yards. There will be no financial difference or gain to the subdivider in view of the fact that the additional engineering will more than offset the reduction of 4' in the right- of-way. He reviewed the fact that the subdivision was planned and calculated against a firm freeway line but that the recent clover- leaf developments have forced them to make a change. -1- 4I~ The State has insisted on 14 additional feet which Mr. Oakes described as less than their first intention. The beneficiaries will be the eventual occupants of the three or four houses in question, acknowledging of course that the subdivider is also faced with the necessity to sell the lots before-hand. Councilman Saich asked whether the setbacks would meet the code. Mr, Oakes answered in the affirmative, Councilman Benetti asked if all the lots would still be 1001 in depth, Mr, Oakes answered in the affirmative, qualifying this by saying one lot might be 98' or 99' . Councilman Pelosi aslced whether the street could be maintained at 60' and a variance be granted for the affected lots. In this way, he said, the remaining houses would still have the benefit of a standard street and the lots which are unavoidably reduced could be approved by the City. Mr. Oakes said that a variance would be alright, although they would have difficulty fitting the house on the lot as it remains. A variance would still put the house itself within 13 feet of the freeway, Mr. Oakes mentioned that a $23,000.00 house with a baclc yard of about 15 feet may prove difficult to sell. Councilman Benetti questioned whether it would be proper to reduce the entire street by 4' in order to approve 1 lot. The City Engineer stated that a slight change in the curve radius would redistribute the space so that the lots on the north side would gain most of the area being lost to the freeway, and the lots on the south side of the street can afford to lose a little area. The Mayor expressed the opinion that the City would be better off with more area in the lots themselves, rather than in the street, thus he favored the request of the subdivider. Councilman Pelosi agreed that this may be a hardship case and inasmuch as Drake Drive is not a through street the reduction of the 4' would not really affect the traffic pattern. Moved by Councilman Pelosi that the subject street, named Drake Drive on the map of the City Engineer, be approved as a 56' right-of-way. Seconded by Councilman Saich, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Pelosi, Saich and Lazaneo None Jewett 4-0 The City Attorney advised that the minutes should show that an exception to the subdivislon ordinance has been made by the City Council to allow a reduction in street width as noted hereinabove. Mr, Oakes asked for an additional couple of minutes to dis- cuss the construction of Wolfe Road through the Cali property, nOlO¡ Imown as Tract 2880, He proposed that his company plant shrubbery in the island which will divide the 90' Wolfe Road rather than construct the completely concrete dividing strip. The planting will offer a softening touch expecially in view of the fact that Wolfe Road will be a wide, heavily travelled thorough- fare, He referred to such a street in Hayward and described it as the best street in the city. This would give the City a start on a beautification program he said, In response to a question, he said this section of Wolfe Road would be about 1000' in length, Councilman Pelosi stated that this would be a move in the right direction, that shrubbery such as pyracantha and oleander would certainly improve the appearance of the street and provide a start for the City in a landscaping program. Other Councilmen concurred, III HIGfMAY 9 AGREEMENT: The Mayor said that the Council needs to secure all the pertinent information relative to Highway 9, -2- 420 ¡.- ¡-:¡ Be introduced Jess Black, Assistant Diatrict Engineer, from ~ the Division of Highways, District IV, He emphasized that the City 1-- of Cupertino is still intent on a cloverleaf interchange at High- ~~ way 9 and the Freeway and although it may seem bold to submit such a request, the City is so convinced of the necessity for a clover- leaf that it feels obliged to pursue the matter further, to Sacramento in all probability. Mr. Black referred to a letter dated July 28, from J, W, Trask, Deputy State Highway Engineer, to the City Manager, and stated that this letter represents the State's position on the deSign of the interchange at the intersection of Highway 9 and Route 239 (Junipero Serra Freeway). Traffic studies, he said, indicate that a diamond type inter- change will be adequate for the traffic anticipated, and that the traffic studies show no justification for a cloverleaf; the expected turning movements do not show need for a cloverleaf design. Six full lanes plus a left-hand storage lane will be channeled into the interchange structure, In addition, he said considerable traffic will be taken away from Highway 9 by the open- ing of Wolfe Road, The Stevens Creek Freeway will also relieve Highway 9 of considerable traffic. He went on to say that a diamond type interchange is sub- stantially less costly, about 3/4 of a million dollars, and it occupies materially less area than the cloverleaf. He repeated that their traffic projections do not justify the expenditure of another 3/4 of a million dollars and they have concluded that the adopted design is the most appropriate for the site and the traffic predicted, also that it is the job of the Division of Highways to provide an adequate facility at the least cost, Councilman Saich said that just suppose a full cloverleaf materialized at Highway 9, what would the next full cloverleaf be? Mr. Black stated that a full cloverleaf structure is to be situated at the intersection of El Monte and the freeway, The Division of Highways has reviewed their traffic estimates With the DeLeuw Cather reports and the Division of Highways has assigned more traffic to the intersection at El Monte than did DeLeuw Cather. Concerning Highway 9 however, he reiterated that he and the Highways staff cannot envision sufficient cause for adding 3/4 of a million dollars to the proposed structure, Magdalena Avenue will have a diamond type structure as will Mountain View-Stevens Creek Road, Councilman Pelosi asked Mr. Black whether Cupertino would get a cloverleaf at Highway 9 if there were to be no diamond exchange a t í~olfe Road. Mr. Black answered that Wolfe Road plays a critical part in the overall freeway design through Cupertino, He posted a plan to show the differences in interchange design, using it to explain the differences between the various types of st~lctures such as diamond interchange, cloverleaf, etc. Paul Mariani asked a question about the cost of freeways and their interchanges, If a freeway costs 3 million dollars a mile, he questioned whether it is wise to reduce expenditures by 3/4 of a million dollars if it 1'/ill impede the traffic flow. Mr. Black responded that their traffic estimates are based on complete development of the area, He emphasized the word "complete", There is no prospect whatsoever, he said, to show that a cloverleaf would be desirable at Highway 9, However, he said if Mr, Mariani or anyone else could give traffic figures to justify another position, the Division of Highways would be glad to listen, Mr. Mariani said that he and the geheral public as non-technical people in this field can see a terrific traffic problem and further- more the highways seem to be obsolete almost as SOon as they are built. He asked whether a professional study of this particular problem would be given consideration by the Division of Highways, -3- 4?1 ~1 Mr. Black said that he is in no position, nor is the Division of Highways, to suggest such a study since his department as well as DeLeuw Cather has already completed studies and their preliminary designs are based accordingly. The Mayor said that he would l~ke to see further studies on the intersection and set a time to deliberate further, What was the decision of DeLeuw Cather, he asked. Other Councilmen responded that }lighway 9 was not considered by the DeLeuw Cather report due to the fact that it is a state highway. Councilman Pelosi said that a cloverleaf will have a tendancy to discharge traffic at Highway 9. The State has recently agreed to widen Highway therefore they must expect more traffic. He expressed his view that he wants to see traffic proceed through the middle of Cupertino. He aslced fOr a traffic count and population density studies. The City Attorney said that the State of California has had continuous demands made upon it for the improvement of Highway 9. He said he has the feeling that the Highway Department has mis- cued on the road, Highway 5 fOr example, was supposed to relieve Sign Route 9 of considerable traffic but he said it is his impression that this has not been the case, Mr. Black answered that the Division of Highways has been cOrrect in their estimates of Highway 9 and that the present posi- tion is that any interim plan requires local agencies to secure the right-of-way while the State will actually structure the road, Some questions arose about interchanges along Route 114 in the Saratoga vicinity. The Mayor called for another meeting with the Division of Highways on September 12, at 8:00 P,M. with Mr. Black to be present along with more details on the freeway network through Cupertino, Councilman Benetti aslced for an appraisal of the safety factor on the diamond type interchange as opposed to a cloverleaf. Mr. Black said that accidents do occur on cloverleaf exchanges. He will produce figures on studies of this type. The University of California has made a cloverleaf accident study finding that a good diamond interchange and a cloverleaf handle an equal amount of traffic. At the moment the Division of HighHays does not accept the fact that a diamond Hill handle as much traffic. However, it is a fact that a cloverleaf has only a single lane of emerging traffic while a diamond can and does employe two lanes, Mr. Black asked the City Council if they have any objections to the freeway agreement, saying that his purpose this evening was to discuss this revised freeway agreement with the City, The revised freeway agreement along with the existing agree- ment were produced for consideration by the City Council. The Mayor advised the City Manager to secure use of a school room for the September 12 meeting so that more space for displaying maps will be available, He further proposed that Mr. Black attend a dinner meeting the same day, arriving early to allow the Council further time for study and deliberation, Councilman Pelosi said he cannot attend a meeting in the afer- noon and he suggested the meeting be held in the evening so that he can be present for the entire discussion, After some discussion it was decided that Mr, Black would meet the Cupertino City Council at 4:00 P.M. on September 12. Mr. r~riani suggested to the City Council that before signing the proposed amendment to the freeway agreement, it might be used as a bargaining feature in the Highway 9 interchange situation. -4- ~1~2 The Mayor renrinded that the City Council will meet with the County Board of Supervisors On the Highway 9 subject in the very near future, At that time, the Council will discuss the use of the bond money on Highway 9. Sign Route 9 he said will be widened but at the present time the City does not have any figures on land costs, zoning matters, etc. on file, If the City hires a Planning COnsultant in the next week or so, additional personnel may be available to work on the problem, At the present time there is nothing else to report. The Mayor adjourned the meeting to Thursday, August 31, 1961, at 7: 30 P,M. APPROVED: /s/ Nick J. Lazaneo Mayor, City of Cupertino ATTEST: ¡ }«¡JA~ Ci ty Cler]c / !-. 11'-- ,(.;,J:_ '- C>.ÀJ -5- r- ~] I~ 1_ ~