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CC 11-17-58 P. O.~ Box 597 Al 2-45C5 C I '1' Y 0 F CUP E R '1' I N 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGUlAR MEETING OF THE CITY COUNCIL NOVE~rnER 17, 1958 Place: Time: 100Jl Saratoga-Sunnyvale Road 8:00 P,H, SAWTE TO THE FLAG I II ROLL CALL Councilmen Present: Councilmen Absent: Lazaneo, Nathanson, Pelosi, Saich None III MINUTES OF THE PREVIOUS MEETING were approved. IV ORAL COMMUNICATIONS A. Mr. Black - Operational features of the interchange plan - intersection of Stevens Creek Boulevard with Route 114 Freeway. Mr, Black, who is Assistant District Engineer for design of the south area, explained that the east bound traffic turning into the north bound lane of the Stevens Creek Freeway will do so by a left turn lane to the easterly ramp connection, No provision is being made at this time for a signal since a traffic study pro- jected to the year 1980 shows a peak hour traffic count of 450 cars, with only 35 making left turns. This volume will enable the left hand turns to be made across the opposite lane without disrupting the traffic flow, according to Mr, Black, He reported that the County has now signed the Freeway Agreement and also stated that the U-5 portion of the Junipero Serra Freeway will probably be constructed in less than 5 years and does have priority at the present time over the Stevens Creek Freeway, The various traffic routes were explored and the reasons f9r the present interchange designs were given by Mr. Black, He said the Division of Highways will try to protect the right of ways along the adopted routes but acknowledged that there is no means by which this can be accomplished short of actually buying the property. PROTESTS, WRI1~EN COMHUNICATIONS 1. John E. Fleming: Copy of letter, map and description of Cupertino Annexation Bubb lA to County Boundary Commission. ? Fire Marshal: Report of fire in debris burning at the the Idlewild Subdivision, 3. City Engineer: Notice to contractors re excavation and (',o'C,struct ion of reinforced concrete box culvert, Blaney I\venue, 4 west Valley Taxpayers League: Letter requesting support of proposal to dissolve the West Valley Hospital District and creation of a larger district covering the incor- porated Cities of San Jose, Campbell, Los Gatos, Santa Clara, Monte Sereno, Saratoga, and that part of Cupertino not included in El Camino Hospital District. :', Coun~y Planning Commiss ion: Agenda of November 19. ~'" League of California Cities: Announcing meeting of lk'vember 20 in South San Francisco. ;', IHïlls10n of Highways: Executed counterpart of cooperative agreement for restoration of streets damaged by storms otJð flood conditions between January 1 and July 1 of ',958, ('1'1110 agreemèntB). - 2 - VI REPORTS OF OFFICERS AND COMMISSIONS A, Attornev's Report None B, Report of Road Commissioner Councilman Saich remarked on the roadbed in front of the Rousseau Subdivision, which he said is in need of attention in the near future. Mr, Fleming reported that the subdivider has been made aware of this condition and may fix the deficiency himself. Mr. Saich also noted that the sewer construction had left a few intersections in poor' shape. Mr, Fleming said that this would be remedied shortly. C, Report of Police and Fire Chief 1. The trailer on North Blaney has been vacated, D. Planning Commission Report Discussion concerned the application of John Rodrigues to build a six unit apartment structure on Scofield Drive. The Mayor surmised that Mr, Rodrigues has the proper zoning but questioned the application in the light of Ordinance No. 40. Mr. Anderson, the City Attorney, said that the Ordinance is the law of the City, that the applicant can build a multiple on C-l-H property but that said Ordinance 40 is not qualified in any way so as to restrict its terms to property zoned R-J-H or otherwise. He said the only meaning he can attach to the Ordinance is that it applies to multiple family dwellings anywhere in the City. The Mayor said that it was his understanding when the Ordinance was adopted that it was meant to apply to the actual use of the land not only the nominal zoning, He said that the application should be with- drawn. In considering the possibility of renewing Ordinance 40, the Mayor suggested consultation with Mr. Myers concerning the advisability of revising the regulations. Moved by Councilman Pelosi that Ordinance No. 40 be renewed; second by Councilman Saich and carried J - 0 (Lazaneo late). The Council also requested a report from the Planning Commission and/or Ed Myers on the subject of Ordinance No. 40, and, that attention be directed to expiring Ordinances with the Council to be notified of same, Councilman Pelosi requested that a diary be kept in order to announce expiration dates and similar matters, Moved by Councilman Saich that the action indicated in V-A and V-B of the Planning Commission report of November 10, be approved; second by Councilman Pelosi and carried J - O. E, Report of City Engineer 1. Mr. Fleming said reports had come to him concerning a drainage problem behind the Cali feed and grain mill, emanating from Highway 9 and initially to the west of that. The mill has had some accident trouble invol- ving the runoff. Mr. Fleming was aske~ therefore, if the storm water could be directed into the pipe along Stevens Creek Road. The Mayor authorized Mr. Fleming to study the problem and make a report, 2. Mr, Fleming reported that $200,00, approximately, would serve to prepare a block plan bounded by S~evens Creek Road, South Blaney, Bollinger and Highway 9, T'hi,E plan will include street locations and widths, scrool sites, storm drain channels, and zoning. Council- man F2losi moved that the study be authorized; seconded by Councilman Lazaneo and carried 4 - 0, - :3 - J. Item VIII-A on the agenda was discussed at this time and Councilman Lazaneo moved approval; second by Councilman Saich and carried 4 - o. 4, Mr. Fle81ng said that he had been approached by mem~ers of the City Government with regard to the storm d~ain plan. He noted that there was little to follow except the Regnart Creek system which would not account for the entire City area; such details as the size of the line planned for Homestead Road and Highway 9 w~uld help the City to acquire the necessary cooper~ticn from the Division of Highways in its free- way P~,8'Y1S. He estimated that 30 to 60 days would be requir?~ t~ draft such a plan. Moved by Councilman Lazane~ t~13t ';he engineer prepare a master storm drain plan f,Jr the ~i ty wi thin a period not to exceed 60 days; second by C~uncilman Pelosi and carried 4 - 0, F. Report of R~0reation Commissioner Councilman Pelosi read a letter asking the City for cooperation with the Collins School Recreation Committee, whereby Cupertino can supervise recreation at Collins School, John Stevens, member of the audience, said that the City does have certain funds for a cooperative venture~ Councilman Pelosi declared his attention to further explore the possibilities. G. Report of Health Commissioner - SmOg Control Referring to a letter from the Smog District's Public Information Officer, Councilman Lazaneo suggested a joint meeting be announced so that Mr. Linsky and aides can visit the City and explain the program. VII UNFINISHED BUSINESS A. Q£Q1uaDces ~ Resolutions for AdQEti~ 1, Ordinance No. 66 - Establishing Speed Limits And Safety Zones At Or Near Cupertino High School, Second reading, Moved by Councilman Saich that a portable traffic signal be purchased; second by Councilman Lazaneo and carried 4 - O. A change in the Ordinance was then necessary, deleting the word suspended and'adding portable. The change made the present reading the first rather than the second. 2. Ordinance No, 67 - An Ordinance Approving The Annexation Of Certain Contiguous Uninhabited Terri- tory _ Designated Homestead 2A. Se.cond reading, Movea by Councilman Lazaneo that the full reading be waived by unanimous consent; second by Councilman Saieh and carried 4 - O. Moved by Councilman Saich that Ordinance No. 67 be adopted; seconded by Council- :J1an Lazaneo and carried 4 - o. 3. Ordinance No, 68 - Amending Section 1 Of Ordinance 2 By Reclassifying A Certain fortion Of The City - Irvine Property (Quinn Subdivision). First reading held. I., Eesolution l08H- Approving the final map of Tract ~T~, 2248. 9'ablerl.. B. Employment Applications Ab::,ut 40 :'equ,ests for application forms had been r2cf1ved.. C, PurGhasing 1 F~rtable Traffj.c signal As in VII-A-l ªobve, the Council authorized purchase of the portable traffic signal, 2. Copying machine City Clerk recommended that applicants be required in the future to supply maps with rezoning and similar applications, eliminating need for a City machine which would be expensive in relation to the use required. -- ~-_.^""""-...- -4- D. Miscellaneous A letter from Mrs. Claude Giddings was read at this time. She protested the Council decision to overrule a vote of the Planning Commission, VIII NEW BUSINESS A. Rousseau Organization - Request to revise subdivision agreement to allow Building permits for 6 houses covered in paragraph 12 of the agreement which provided full width of street. Applicant asks to post bond in lieu of full improvement, Council granted approval as stated in VI-D above. B. Miscellaneous 1. Movëd~Councilman Pelosi; seconded by Councilman Lazaneo that a certified public accountant be employed to set up the new accounts, carried 4 - o. 2. The City Engineer was authorized to screen the applications for Building Inspector and interview those who appear best qualified. IX PAYING BILLS Moved by Councilman Saich, seconded by Councilman Lazaneo that warrants 5J9 and 540 be approved; carried 4 - o. X ADJOURNMENT - 11:30 P.M, Respectfully submitted, 1~Q .~.~~ LAWRENCE K, MARTIN Administrator-Clerk