CC 01-15-6210321 - S0. SARATMA -SD18 ME IMD . AL 2 -4505
T- _
U Y 9 Ft :T' I F{ .0
Aga Tyr fdl i AR lei= OF MM CITY CO s Jtmuar7- 115, 1962
1A321 30. b. Road
20 MOM
_ � Y
l-
�TLc(i QMMMM* %M�Smw -Soot% obwalt,. PeO!aldb "fah,
-,e.:- a�'i - i - :Fill..
City IrneSe0r, My Atto:asi.
ZA FfIPis OF M Pl!!Nnes Vlam=: Deeming 1..61 and Jars ary 2
am Emu -`
.j l!t '
Mkmgf by 00 �laRt'1 that they m er
101mbo mhoei noted
vaq Y s 'assoOe.Rd b�' Oaesei9mam flaleh.
r Z
oo�ooilMr Htnettl. dewitt, lelosi,- 'Saich, fasaneo
.r+,- CoaapilesW�e: hone.
tO10w CORIED: none
it kwic ffiARmnt
A. CALIp0jMA WATRR BMICE CO.: Use permit application 15-0-61
for a well, tank ssd.VMVIM facilities at the intersection of
Volfe Flood talalssss Creek. Denied by ylamivg Comelsslon
baolution 95. Appeal Ca Unwed.
Jeptha Wade began by referring to his written stateemst to the
City Council dated Jamary 2, 1962. S aamari=ed the contents
of the statesegt, loostiog on the Map the -Mite of the proposed well
with reference to Stevens Creek Road, Wolfe Road and Calabasas
Creek, and the fsture fourplaxes to be constrcted by the Oliver
Rouasesu Organisation in that vicinity. b slated that the
sanitary requirements have been satisfied and referred to a letter
submitted with she application. The County Department of Public
balth has written to California Water Service Company that the
Department has no objection tq the development of a well on the
S"ct site, provided that it is located at least 50 feet from
the smaltary Oscar an Wolfe Road, at least 50 feet from the sewer
lateral serving the adjacent site mno is constructed in accordance
with Smith Department standards. Sloe proposed site will be land-
scaped 1.: a may which Is compatible to the surroundings and will
supplement the neighboring construction.
Nr. Wads estimated that the proposed well has a fair chanoe
of supplementing the existing water sources and supplies of
California Water 3eaedee Company and will be compatible in every
way with the welroore or the oo sunny is the immediate cause of Cupertino
he well application, the only
other well site owned by California Water Service Company within
tka City of Cupertino Moving been constructed in 1958 at the end of
greegW Drive.-
ma avenge dally dmmmkal has been nearly 500,E gallons. On
a peak day last saver the average customer used almost 1,400
gallons, this would amount to almost a million gallons daily through
out she City. He raid that the combination of c dating connection+
plus outstanding commitments, plus the cmtinuing growth of the
ty ",rose it mwostory ibr the water company to develop additional
ppiWlies. A well SA Apperative in order to provide for the health
AM safety of the sesple.
S added that he Is gVOWAn+6 somewhat distreMSed about the time
fASetor,stating tits toy mq� have sow very hot days In 311Y which
mould tax the facilities. Re asked the City Council to reconallor
the action of the 11mm" Commission and grant the appeal of
17aWtfo*n4a Water 3ervIce mrv%nr.
it new petition was presented to the Manor by W. W. Lester,
ldm�MsLng the city comell to jjMrm the order of the City
y2swean Company. - me eieta?inedtthattneacch of tthheewruder-
�� �sy in the general area of the
■mod is the owoe Of orshsrd pe+`ty
pmmpmmed wL and bas a well am that property used for irrigation.
. , � maintatbal that'?bm 4lo0easd- We71 "would tap the t�ewrrpp
tmderlyieig our reapaatin lands and ronid !br ila�
tfaeDe7r We are
Of own' lsoeds, Stud, the p�fttfms Nbted
rlstald the D!� 1i_• and ow.�'srlo�iosed
-tls ]and eee?�iii Otl4 !sees
4la pstttiea ���'
Y- ar ttYw :3. °art
• R. av�aP�-t�r� is its entirety inelld M the
toad addrams and detm mf sftmtue. _
arcs ". is x t.
�'. iflda °fated fist 1tf op�p has close t0 �� aetiWe
drslafba'e, 619 to be east. m a041tion, the albrsaantionsd
!br 500 r Rude 't'L'bts sir also s r+fslity la the
Df*tm sUU - the (411tlfa aft •late! Service OOPM as en
•1lptla► to have fte=tiea available for we wbsm athsfdes�an he
hems._ The desand•sssebds tea gepply:ibr ��nO
add_ Even a good well nap ml Mt the demands in the ssey war
totmre with the continuing bulldisg Progrma.
Comcileen Ssich asked Xr. Warm "Bow far south will the Well
mel7m a
Mr. !lade said that his company has what is (mown as an inte-
SoSfsd water system and therefore it is impossible to Put a tail on
namer drop of water, its origin, and its eventual destination.
Renewer he said sane" asp Bo11.nBerthat ooad and that of their connect�i� arefar
so the northern portion of tom city.
Councilman Saieh asked Mr. wade what kind of a well they were
yadmg to drill. Mr. wade answered its would
also be a rotary type-
expected to be about 600 feet deep. other
details of the well.
Mr. Bohnett, counsel for protos`.ants, asked Mr. wade, through
tfm.Clair, if there would be a out off Point.
Mr. wade answered in the affirmative, explaining that his
mmpeny has to drill new walla because agricultural wells are for
swartises not sanitary enough to aret the health requirements
domestic water. he furtl.er described the method of drilling a well,
tin inner and outer casirys, etc.
Ifr. W. W. ;ester presented a mfiP to
outhe Cityhe Coxjwll trawasda. ichowaa
prated on the bulletin board. Tare map cf
an City and by use of concentric circles shows the locatll - site.
oaspiwboring wells and thalr distance from the proposed
mans within 7000 feet more inticsted. Mr. Bohnett asked Mr.
So~ to describe his ezPalleoce and the experiences of other
medloxftsts witb regard to their own supply of water as affected by
the existence and action of OnTausding wells. Mr. Lmtr said
that their experience has been that the aquifare are all inter
xmlated ant ! :terlsced.
Ibrexample. he cantell st to the
o, hen th!>m e P�adwi n particular
sho=t 2,000 feet from his own.
Laser also toad tie city council the number of some in
eeahe�d
In ups within each of tae circl "o, fro otter wools, well. He
1 a.^resge at given intsrvala m the Proposed
rile lia^n is a serious ahorrage of water in the area and it is
wsdimat that water must be imported. s wever, he airued with Mr .
ins that imported water supply is 3 to 5 years distant.
o[ water aL said
"-to mandatory that agricaitmvsv 11 have a supply ,.t:lity
�r CM lands Tbey ssemp% avail themselves of public
rater and It is IspoasiD?e t.� stay in business if tbe� Ma" hie
with the =.•.'lie u:i.lity In riMArZ d- ?e,-e^ and deeper wells.
CooAiS•ron Benetti riled about thin number of sells shown on the
Lester s= and how many a,-v in the City of Cupertino.
The ltnr answered that there are seven sells within the City,
wad four near the City lisps out of the total or 21 algstures.
Mr. Bobnett�.ststad :taab� this is a
rater taDletiselor rsaid,r
awes for the water svpCW wad, mss. 3h Wdi►lon,
as! Ohts area is pooar fd! sadea$r
titre so be a d WIlaw tiir Season and althowtWt °i! Ss boo early'
to till with cerlalawl veers " every isdisatlsa a" tae Alley
rtes beln6 amtlaM dW yen. She agricultural MUMS in
lm all�a- apyNl�Cy� y� r Is,Llrawl�lYp• ��+n�4 water.
ads .. Maid beat Wdllf >L�elA�bi!>sr. Hs also 80WOM tea •
r„ -.1is" !cant's tell roum all the ties ad Alma fUees is
pLaeLieal>y >p rtas,041ses fie 50•.icct levels UMV saQAtbe con-
�oo� paelbaU left boa rater strata from 50 feet to 700 or
m0 iML deep. IM VOUM 4MV from the present MSlla of the
soprOandtas orchardists wit would then suffer eras a•loss. Those
W hold the water amt vas possibility of this rater -issdriS ta>oen
assay. 'fie situation eta be et&nged in a year or :tart or throe, he
said, and there way be plawty of water then, but whss Water is so
l rstlans� The first concerns the right to WitbMidd ffroa
tae un
land owner the right to sell derground water rights and the
second ccecerns the right to transport zderground water to non-
overlying lands. It is lmown there is a limited supply of Water a *.c
the Seyee: ion of deeper wells will seriously affect tip- orchards.
If it affects the orchards adverse!;, than it affects tivl City
adversely. Be told the City Council that the burden of going to
court ah7.011 be placed on the apply--sr-!s rather than t`- Pro-
testants. Therefore, be asked the co nail to deny the app7Scation
and let CaUfornia Water = ervice Cospsny go to court with the
matter. •'•e present owners have already established right. He
reiterate! :tat changes say occur in the water supply, either
through is importation of water or through heavy rainfall and the
applicat: = sight be renewed in tiro or three years with nobody hart
at that tire.
Mr. kade said that in the cou-se of the discussion sows 680
customers seem to have been forgotten. They too deserve considera-
tion, he sal'_. The individual h_-u ,ehald�r� not drill lee C l tin
the
his propen.7 in order to tap the supply
City cane:: Sgora Too c=toners it favor of T orchardists. He main
tamed t^`x: California iatcr 9e.:•,1-ec oomparq can proceed with the
ve ?1 :n ; :weir ^n wit5out interfe,3:-; with any paramount rights.
Jack freeman said that the o,•_ta:dists have no alternative.
They car.:niy secure water from the well or wells on lands, their ownF-
s, whereas the California Water Service Company may
have alternative sites.
Mr. a =e said that there will tc i:o imported water Lefom :,,t:
1t6+: a. =e earliest, erA t1-at he can sce no sense :Ln de-:elor'r -Z a.
sapplies :c :aide the • lty and .L.F� -M s:ch eater in for CLPer--,l0
:rsidents. The houoetolders, re sera', hs?n .lust as each zAOi1L .0
the Ovate: =der their own lands as the ar.:hardista and the red -
dents, t`_ ^jgh the public Utilities Comm;ssion, have established
certain t ^s ^ts for water, arA ex:rziac t:da demand simply by
turning c.: :its faucet..
Cour.. =ter. waeltr said wh.+a t' •.._ wall does rot :•an pct? yr.
Wade Bald 7 at his ccapEjI7 i.ss rw-,=r :;,n to surtall use of water in
any of its car"`esion:: _A alve: it is not Vier. to be
¢oven sh:-' =40ted in taking C; --a ;: ` *.z cos!ng suns- -r. The
sensible ; hr said, :a t' ', ;k:; irny w «lie as possible �•�
as not t:. — .• "rk any one well 13 wYy t:•.e ccmWv can keep
abreast of t e demand and car also sea Lo it that no one area rd
pumped sz�r
Ir Bou tr asked 1f t1a is -i� ±en .c •r.•; .. i
The Mayor answered In the effirmative.
Mr. Lester asked whether or not the f.an ^high granted to
California Hater Service Company by the city includes the tight to
drill wells.
1be City Attortrey answered in the negative. he Mayor aid
that it is customary to close the hearings te
and have the City Council take the matter under advisement for
tslr weeks or until the •inert Couaeil Meeting.
CwAxdlrtt 9aieh._ma9,d be-would like to asi the O"Iicewt or
tits proteatauts.'if the scold tell him whether later Mare under -
lp In rivere CC mfr V001214
.Hstrrstt.�wmrried t W:10a is not m gao200dz, but ' from the
.water asther trm kob"'eeileated �, he
MOM es" that the diMNUM in wbZeh mater is flowing updergftund can be
detulalned from the reaction of wens. deacrVAd Mr. Wade said tbmt maw affect the hydrology of an area the of the largest reservoias kewun. Closer tolthe My, the rainfall &a & reservoir, me
does not pmetaate dawn to the undergteurt, agaifersp however this
partioular area is known as a recharge area and the underground
supply 1s part of ova great pool. She rainfall does have a chance
to falter and percolate down to the underground rater supply before
it leaves the Hay.
Councilman Saich said "Suppose the City Council approves the
application and the well 1s successful -- how many gallons p^r
minute does the company expect ?"
Mr. Wade answered that 500--600 gallons per mint,. would *e
considered a successful well and the comf•W does not wa,,t to wcrE
it any harder than that. He added that the South Bay Ajuc''.! ;'L ` --
not the final answer to the orebLem, since the facillti" e.--e
Baited in size and will rr•ve to be used 365 days a year. '- =e
responsitle agencies must continue to store water uncle grcun•' and
redevelop this supply through r_ well system. The (:alif-,t'r1a
Water Service Company intends to nse this well in order to meet the
peak demands. This water must be siared for future use of the peop:.
and the well in question is not deeigned to actisfy the need; of ne:.
summer only, but will und0u5t-dly nave to operate for many Years to
come.
Councilman ielosi said that he would li'se to make two �r�.nLr
clear. ?first, a well Is necessary to protect the needs of the
City and its people, and second, it is also necessary to protect
the farmers. He askui if there is cry alternate plar. to protect
farming pursuits so that these orchards can remain in existence.
Mr. Wade said that in accepting the frnrnchise from the :Its
of Cupertino, it has thereby agreed to serve the people within its
area and it cannot engage in any discrimination in t:,_- service.
He added that some farmers do have cone -tions from California
Water Service Company, and he said he tho�t that Barrel L:o �.rl
was am-n; them. He reyeated that the company has no I not ^ 'o '1L
:.ifiSrg :; auovg their rustcmars. -.,at the•' can use the were_ P.-.
.•a;, ',bog Owoce.
Coun, i an cord .hot if 'h° •)ther well's go d "y.
will be 1. ^t. 'k ar'c�c ::.w _;. c v`ragr tank would to up e%1 an
how deep `.na w +:1
Mr. dads answered t.'lat ;h ytOF&Ke tan" would be 5:1,C'
gallons, and 500 to 601 feet is ;he expect-wt derLT of Lhe wall, 50-
feet at the mast.
Councilman Pelosi rn:c• -1 where the Califo:?.:__ Water Service
Company wells are locdLtl in t.::e area and what areas c:,.y serve.
p..
Mr. Wade o+:tlined the franc�.is_2 area. He repeailed that i -
company has only nine well in the C10 of Lup::rtino at the pre riIt
time -- dug in 1958, at the e,-i o.' oreenleaf i;riveI in C_ -den Ua *.e
subdivision. He said that he would leave a map with the C14
Manager.
Councilman Pelosi acted the protestants how much wett�ethcy
are using, ilr, faster answered that he will app ry
gallonage and submit the figure to the City.
does ;iOt said since the f
riptt to drilltwens,41dtthe Californian Water Service Companye the
not undertake the fraftddA0•know1ng that they had no right to drill?
Mr. rester MOM wbethwrr Carlfoinia Water Service Coamsny has
a hookup with Hetch Mpbao. Mr. Wade answered that it does have
pawbb a oomnecLion l l�fsd °. but not 16 Santa cplpaozsa County. Mr.
people or tthhetCi hawing Gristai since their own to is
east with theirs. He Said he would like to emphasize that fact,
bas hs also said that the o"snuity east utilise every drop of ware:
awilable in view of the serious shortage. h?urthermore, if the
public Utility company cam-At connect to &;teh Botchy water supply:
he proposed that they should look into the possibility of obtaining
such a teret asked California Water
C is Inresed in rtest`ucture whihwoud enable the
favaere to continue.
Mr. Wade answered that this is an P!tromely ccmr i::ated
question involvin3 the rig:` of -etu:71 cr.�ar -pital inc�tntentAnarrr
proper sec rltiea, etc. He maid that he .s nit preAa
dquestion bu mom-nt. are bb-, lacediintthe uat`c ^9of� Public
water supply, use and cost, ye noted that his company does have
an interchange agreement wit!: r.he Ct-y of U:pertlro.
Cou,,:ilman i1eloni asked wkethcr or not the C.�ty bas =
ordinance on the ownership of unaarground water.
The city vsnage: a.-wnered chat such a m:.ttn_ has bean discusser
but that no ordinance was adopt• -'.
Moved by t:ounci:a4n ?eraCt+ •.:-r' the t ^&ring `-e used.
Seconded by h.;unciloaa
AYES: Coun�llmsn:
BE.Iet:i,
KAYS: Council¢ °n:
None
ABSENT: Councilmen:
More
MOTION CARRIED:
5 -0
ewr.a, Pelosi, Sal, �=
Move by Counc]lcar Jewett 'r-at application 15 -u-61 be con-
tinued to February 5, 1962. SecoLvied by Cuuncilman Saich.
AYES: Councilmen: Henetti, Jewett, Pelosi, SE!ch, L&Z - ?'E`
MAYS: Councilmen: Name
ABSEW : Councilmen: None
MMOM CARRIED: 5-0
V O:ADZMAN:,.S AND RFSOLU'rIONS ,'+CT, >:
A. ORDIPUNCE 197: F.ezoning prrvperty of 7acanelli b Pay. :;as
(Mackay 4 Soepe) from R-2 -F --.nd R -3 -4 to PO- H;161) e' la:vur.,;
of Rodrigues Avenuc. Second Hending Oils 39-
Z
Commission Resolutior. �E'j.
Moved by Ceuncilm-.:: b_rctt'. t1:1t full xnnndoto` �itla, roe V17
be whived by unau MOUa con: t.nr •v'd read ?.rg
Seconded by Councilm.r. J tch.
AYES. b•:c a, J:_..,5', Petosi; Sara,, :azanec
HAYS: Courci?.m -n: N. n,
ABSENT: Councilmen: ?lone
NOTION CARRIID:: °• -r.
Or- Lnance iY..r was r-ed T-y 1 -tt.le only.
liovP= ty rauncil&3n Je c4�� 197 be ene4tel.
Se -onded !y G,tnellsman Benetti.
Mrs. J. Glen Atkinson, 20635 idritp:es Avenue, asked if this
was the time to speak on the uub.kect of time ordirance.
It was concluded that since t1A Coa-noil had stated that
the second reading of the ordinance would be the time for public
discussion, that Mrs. Atki-.son shad berme entitled to ospe speak. The
City Attorney adtieed tkst the hearleg
7II jorlty of the Oomkdlssin ere in favor.
'be NWor asbad Iles. Atkinson if she bad sonething new to say.
Mrs. At:►Ynsog fe4ted that sbe bad been told two weeks SC'- `h• :tQ
a
the seeead rding.Moo2d be the time for disoufseion of the eidinasw_
by the public.
Moved by Councilman Sa..oh that the hearing be reope�cihe
discussion to be limited to three sdntes. Seconded by
Jewett.
AYBB: Councilmen: Benetti, Jewett, Peiosi, Saich, lazaneo
kltYB: Councilmen: Mone
ARSIM: Councill2m; Sore
MOTION CAFLUM: 5 -0
Mrs. Atkinson said tiz-'. in view :,f tie_ petit.on Pressnt -d to
ti:e City C.cmctl, ther- has rot teen proper cenalderatlon given t.o
those living in the affected ar-e. _a terms of petitio ^a, th:'�c
households are opposed to -hF rezc:l 2 for eve"Y nne in r.+ror.
Therefore, sLe argtuat that the ordi2rce nsees rr:re co-.;to.•-atioi.
In concluslo% she said that she it c. to CircalYr r F- rt=""'n
calling for a refirnrlurm on the ordin.' le.
Cat _C_raj 3aictm said that t.:cy, as Counclimen, a:a
the whcie ;ity, rot simply the o::e s.- -et.
Moved ty ^.ouneilaar. Saich .1 ::a hearing be closed.
by Counc.iaan Jeseett.
AYES: : :anci!!wn: Benetti. ;tt, Pel: si, Saich, iaLan• o
PAYS: Councilman: None
ABSZNT: C_•mci'mcn: Xo,-e
rVION
The Mayor :celled !'cr is vote rn :h: foregoing motion (sie
2 above).
AIZS: Councilmen: BEriett: -, . ; •e:t, S-Ich, LLzanc�
BAYS: :oun.:llnen: Aeloai
ABSWIT: Councilmtrt: None
MOTION CA.RR= -0: 4 -1
B. ORDIWCR 198: Rr.zor,L:g Prope if Araluk S.hephal"
t Somps) from A -2:B -4 to R -1, e.M .-u:•vtt :
g teni•ivr
acres betseen Randy and Blaney ad;cir:nt; the north e0—
jection K- !rri:t (?+.le !:3 -2- 1). rz :nd R�auing.
Moved by Cotsicilmen Benettl t:.; : :lull reading De we-iv',' ,
tnnnimous cvnwmt, aimd readin; ro: -:irae to title only. Se:vaaed
Council-ar. Jeaatt.
AUS: I_nx:cilmen: Benetti, .Jew tt, Re10s4 r Sdic`.
N473: r_ouncikQan: Mona
ADSEW- Catsmcilmen: von--
MOTION CAmiRM: j
o ddr nce 198 ties r-?d b;• t� j ., .tv.
14,ved by Caunc: be eimact -1.
Zmar .;ai , t �.� irsnce 1911
Seconded by Cuunci: man 1-et e" + .
,
AM: cb.•7,?4 i-,-all; tti; .7eWP%',, 'elo3S,
NWM; com:iia.n: %—ne
T: Cooacillen: now
11�OM CAliRL ?: 5"'� -
C. O1DI1 "Ic- ).9?: llezoai:,+6 TTopertv of Jack Dymond flea A- 2:11 -2
to >•-2 -H and N-'-, rest side of Kountiin 'vier- Steven0 Creek DOad,
aaeth of Alcalde (Pile 44- Tr61).
v1rst reeding gi7r'sr.,
c; _ -4�
3 OIL 002(h):` �dif� ��e lb.'002'IW*h OrQlnanca
_ -- _ - _ _ .....terra ..e * Ir nn�tv of amts - ellTs, add:ne
Lion,- §at36o4
dtl Sass also
taudns' (fQ-tsl, .
Commission
fte City Ac.•.+n %j ho Jh.Ze oramwe has LM!!
dbmmlmgdon Coesul (imith beat rdtsili t0 the
by the e With beet pametlde, such a
llad use ordimme rou2d irgldlie' publle hslrinL at w 0Crm011
]ewi.
Comrcilaan ,01081 Sast ti at he pmft: a a Btu# ekezcn on *.he
asainanoe f:'ter Which thi'¢b2te hearing can be echsdnitd at such
22m an they select.
The Naycr agreed to eels+ We a s"•siy session later in the
lRaing to consider Ordinan --e CC-(h) u wr. + other this I93.
L IOSOLUlICt 5h2: OivlM 1!otice of the Proposed Arr°zatic•n of
ClaKlin UntwAtited Wrrit*17 to Said `TDes.ribl_C :?1d
story sx DesyeastiW It By the Naas ' wens Creel 1k ,
1 Certain Pin3ings Hsapec_irg Said Prcpoeal; and G'Itng Notice
of nle and isce ;.aid COUasi1 Will Y. sr Prtests There
The petit:ln for am»atlon has not as vet been presented t'
the Cloy C&w:i' Therefor!. he adopts-: of the resolc.loa sas
deferred tc ?et:,tary 5-
r. ABSOI,7!: 543: ;.lr*et l_ -o;A.3al for Engineering Pznds, Gas
Mm - Sectio- 2137.:.
Upon ree; nE of the resolati�n, Cc r: c1Jl tJ�mhed the
ouwtaent Of a .l'.tior, 543. Seet Leo by
LZ3S: Cr�ci,e►n: Irnaiti, evttt, ib_�sl, us1 `, Ia7a:.e.)
Ca 11:"n. *Me
ACM CU1PL: �
A. Aesolutic:n 540 and 541.
The City iYeasurer read T:ssolt ti :r. V0.
Weed by Comellman Eelch that fwaclutlon 540 be _ti. ":•
Se:oaded by Ommeilmen Benstti.
paacllarn: Bm --ttl, Jewett. Pe1051, Ssich, Iar° i=ce
Countillen: Sore
!f: COLM112en: 1a t--
IMMO 6 CORM--
The City '_'r-asurer rsat R_re)ctloi: 541.
,loved by :o-.n:7::m:i WZI t)rat ?rsolatlon 541 b^ e�c!ed.
leeanded by ::_::::ilea^, MlC-91.
Ownr_imen: ;eretc, Felosi, Sa1cL, LiitgeO
>bgi CereelL�cr.: 1leare
r
(1) A. pater Mg: AaidLn pfN16310n to display during Aprils
tfaw beat paintings in a eosdng a-t exhibit to be held at the
IWA328y First rational Bonk 0Wartin0.
22W Council gave eppeoeal and advised the City Manager to so
'Imbro Mr. WS.
��on, f SM Of a flag pole and base for their
' Y* z £ a 20 Q ACt =lgrl l = ou
is as two
y
i d►r W asd filed. 1
�' CboeellMn:
W CAS=
•r
fiat tba aoruoleat3des be
00po011man palosi.
lewtt, Felosi, 3a3eh, Iasaneo
R it�ilOd! of OMCM AND 000MMUDIfim:
A. Report of City ireamwer- NO report.
IL Report cf City Engineer:
(1) The City Engineer posted a map of Belmont subdivision,
� aet 3086 (applicant is Flunk Shepherd). All plans and saps have
lam submitted to and approved by the City Engi,nser'a office. The
report of the City Engineer listed the data filed by t" developer
as sell as the improvements shorn on :: a Plana. Aacosea.dation is
tae City Engineer is that the City Council adopt a reaelutidr
approving the foal map. The City Engineer briefly described hc
sidiviaion, explaining that dry wells are necessary at this time
but the sto:s dBinage will ftcctlon as part of the regular system
v1sm the 33' line is comeeted t:) the north.
Moved :? Councilman Bmetti thht Resolution 545 he adupted,
approving f4-1 map of Tre^t go. 3086, Belmont, accepting ceftai;.
drives, ave=es, and lanes; auti.•jrizing the City Engineer and the
City Clerk :; sign tae final sop; U4 authorizing the sgreeme_.t in
eomeetio.: therevtth. Se^ -ooded by Counci:san Jewett.
Alm: A;ncilmen: BEnatti, Jewett, Peloai, Salch, Iazaneo
ML's: Craeileen: lane
jssENl': CWjncilmen: Mane
lon(W CARRIED: 5-0
(2) The Cupertino Subdivision ordinance requires !ha: all
flown trees he removed from the bubdi.vlded lands. 'bveve,, '.he
dsnelopers of Treat 3o86 wish to reta.r as very frult "cF -'
possible ani has requested that he be allowed to retell_ one or ta-
apricot trees per lot.
The City Attorney advised that this would be cn axcept-Lon
0aitnsnce 4T, not a variance in a true sense.
Moved by Councilmen Hmetti that exception to ladinence 4T be
meted in ^act 3086, tka City )ianver to select the taws td.
resin. Seecnded by Qnn,:llseh Sri.kl.
ASE: 00=2ilmon: Rdmoetti, Jewett, P_los1, Saich, Ia:.aneo
Cotacllmse: No"--
ANN=: Cbu=ucSlmsu: Yana
■W 21 CAAIJXD -. 5--0
Members of the City Comm it questioruad the street noses chosen
llir the subdivision, expsciallT the n:. de "jb"Qrty" • The Mayor
aMbdsad the City PMWr to /yeestigat. the reasons behind the
sateet names swoon.
Aoneptanee of improvements in Tract 2551, W1111't �:....
See City EngLneer's report for e.amary of the Aegart Creek sltla-
41on eithln TreCt..2552.
Moved by, Counti9aen Saich that the City accept the improvement
In Walnut Grove subdivision, Tract 2551. 'Seconded by Councilman
Jewett.
0—MM-013mom. Benetti, Jewett, lelod, Sdch, Iaaaaeo
None
- ri lion
ax: aS'iQ 5-0 - ..
1'A•caaeo
C1 Ba _.fie
Mons by C ( C3tq �b�ary y�coitld 6 prenrod, eestimtlr.
true cost at :oc.
ltived by 0=3Alia Pelosi that the city AmSlneer be authorize!
tc prepare a new base map to include City boundaries.
After diseusdon of the terrlto: ^: tc be included In the base
map, Councilmen Fblosi withdrew his mots ^n and it was decided that
atewhich ttiimeettheCoCamciilocou :'.dadecideetrerlimits ofut1r base map'
(6) Acceptance of improvements in Tract 2741, 11apper Tree
Unit 1f1.
Moved by Councilman Jewett that the City accept improvemer:ts
for Tract 2741, A°pper Tree 'Trd.t #1. Seconded by Ccnncllman
Saich.
AYES: Councilmen: Ben40.ti, Jewett, Pelosi, Saich, lazaneo
NAYS: Councilmen: None
ABMW: Counoilmez: none
MOTION CARAIIW: 5 -0
(7) Eianey eve. crossing of Juniparo Serra Freeway.
The Mayor schedule-3 this mi''`• -r for a study session. along +� t
the aforementioned OrearrLnce (`0'dfhl - to be announced laier.
Councilman Saichb asked the City gngL -n::er if there is a free•
agreement connected with the Blaney Avema✓ crossing. Tic C!t;"
Engineer enswared in the negative but said that the Div:slon of
Highways wants the approval of. the Cupertl_ City C�wncil.
(8) Budget pro!r,"l for gas tax apportionment:
The Stat^ Division of Highways had outlined t1te
budgeted accumulations and e3tlmjxa.3d accruals to J:ui- ,au,
as of November 30, 1961. CL•portino is list�d �u $,!i,614
accumulations and accruals available for budge oftooc:tles
30, 1961. The•estimated apportl=10ent of W
for the fiscal year girding June 30, 1963 shows that CupertLw's
share will be $11,190.00, plus $1,O0.00 a^.cording to Section
2107.5. 40% would be ;40476.00 Th..tifore, the total available
money by July 1, 1963 would be i33,804.CO.
The City Manager statae- this n1tter should be considered at
budget time as a part of thr-. ..vc- all budget. The CecYon the Ear
sald that he would 21ke a 2��_C frow the
taz funds prior to the anbsis.:ior, of the budget so that. the City
ommooil can review the status of th-- 948 tax fwd and consider Its
dispositlon.
C. "rt of GYty Ateormy:
(1) her. Amerce® salhgested that a0fre �ti,r� nt be a to the
antar notion towda'tM omtl�s
6, mealy tint a bond be boated sufficient to *over the removal
of such fruit trees.
So moved by Coomoilasn pp»tti. Seconded by Oouncilnan Jeritt.
`y.
lifls'tti, Jewett, 1OU4, Seich, Lamoto
inns
an the 'soaw
the .gtastinns
the
and
W ad)-
amestead
Y Of Qtperuw
Homeateed And.
cult fr*m the
N"wi by Cbsnailfen ielosi that the city /(urger, City Attorney
and City ffi,gimor Beet with'Los Altos rOP.eBet&tiv*B to discuss 'che
two anuesstions in question, Seconded
AYES: Counoilaen: Benetti, Jewett, Pelosi, Salch, Lawneo
N►YS: Councilman: None
498M. Councilmen: None
IMCK CkFam. 5-0
The City Attorney sa=d with regard ad if possible he mtter will
that a pre -trial conference ist*owing p Be will submit a ranch to
close the case rather than go
the city COUnc17_
Councilwan Jewett asked abOUC the Cupertino School District
position in the utter relative LC the pedestrian walk. Nr.
Amerson said that he will holJ off until January 23 or February 1
so that the school has a ounce to submit their position on the
walkway.
Y). Report of Planning Cosasaslon-
1. See Hlanciing COmedssiOn minutes of January S. 1962.
2. Natd Cramp: ibntarive hrp application, 86 lose, west .1 .-
of Bubb Road, north slag of Lindy Lane ! south of Val. Reccr►aendec:
by naming Commission. COnd1t1or.t tR-1 zoning final on January
This was varked for consi;istation at a stY4Y session.
E. Report of City Imager:
(1) her. Stow stated that be has already submitted the
insurance report.
(2) The Chamber of Coeserce has tad eked thes on such V; noDse a
new aerial sap. ms City NLftW
4he hiiyor anpotaoed that the Council would decide on February 5
whether or not to spand money for s new aerial OwtOgraPh-
(3) The nest msetiog of the gnpertino street naming committee
will be held Jammry 24 at the CSty Nall in Cupertino.
-1D-
(4) hflghriy 9'1MMkLM8• Continued. Call. property Mink,
des ham map.pss'ss*&My the City Aginaer's fhflite uses posted
and the City ins" exp2ained the details to the f7=W11.
�► tYaet'sf._4as alt- 'stores, the ezistlVX 111dO M is 5 feet.
5• sidewalk is a-% "DP ssetion presently � �fOr�u ?e .'Sine owned by 30 Owl+.
dBi�Qsa�lins ty.�a'riy►t-
a` that the Btats tes no
Cat th,`gii i -tss �e7 dsflnl#02Y
Dr
reff ML-1i tor: and
ibsurC the prL7 se]Sa�
'tAs� -C1 l-
Za! to
tells to pz4 Mbit sewer to private
AT'thet
or trafria markings lmdieattng oars may
C=Mllman this matter daisy before the
city council if t1waseft cans the -,prbllo right- of -n�7 and Cali
dims the oaj'alnina laved as private "roperty, what is the jurladic-
tion of the City and that is this question doing before the City
Cpunoil4•
The Mayor said it is his opinion that the situation should
remain status quo. fte tenants are opposed to parallel parking.
He asked Hf Cali to speak on the matter.
Mr. Cali said that his feeling in the same as his tenants.
Ho and the tenants are in favor of diagonal pa :icing. Parallel
parking would give then only haif as many spaces and would not
help in any way. Using the available 19' would give them more
apace to work with them the pres=ent 91.
Councilman pelosi proposed that the double line be placed
immediatel,i meet of the proposed 10' parallel parking l -ne Intead
of on the east aide of said line.
Moved by Councilman Jewett that the status quo remain in
effect with the City Council suggesting that the double line be
placed 19' meat of the existing curb, rather than 9'- Seconded
by Councilman Banetti.
Councilman Balch asked who would be liable in this paralle_
parking situation.
The City Attorney ans� that the over Hishwsyd�,ti•.n nn
over the private property
Horever,if the City Oomeil establishes a method of parklnE, the
City might also be liable if an action resulted in a court of law.
Be added that actually the City could ld the an assessment dlet�ty
doter the 9' strip. Be pointed
of the situation and the virtual possibility of del - ainirB beforE
hand all possible eventualities that might result In a court action-
Ed Cali asked the City Attorney if the City could not Le sued
on an accident resulting from parallel parking.
The City Attornq said he could not quite conceive of this if
the City is not inststasntal in creating this parallel parking.
Councilman Balch aald that the State planning Mahal does
peptide for parallel paw wore the state highways rather than
&szonal.
Me City dttohhIW aided that any expraasinm of opinion as well
as a admae or&r. salon or ordiraace has l+-�is7 :pup or quaeal
jumclal status.
- il-
0VaW b*n.8eusts1 .raid 'wogs drop it"
Counailman Jewett clthdrew his action (see line 37, PW 113
Md SlowieiI&M BMtti-ritb&W nle feoalrl.
John Rodrigues, Jr., said that he feels that the representation
ey_gK -.fwYb Cpmadl -is lsporsent in this matter. 1W Contended such
♦ sfpr, adwisportmal.to she C14W of Mverbino,- :"�1' trivial
!o -fie Stan of Q24fa=d&, sac' it aq weli be eery- ddf@lealt to
a final aMVW flogs tblt sp=y. lb referred tooiUS 200'
lisp �ay fo r the tldesiftS .
arta►eis"bset fpst'!!p1#/a tare
!ba- fl/siiasii!8 stt1 t1de or
it
FA
3.33 eY 1 !� K'- ♦L�4• .
sW. a-seprosenta
W Matter. 'seat et irf o Vasu+oil and
tus isiL�nl ;is'reafbrRa latter.tiMrltrr airy
I�SaawottesY "t8t� awllA p@s1b27 lawr-3laMUt7 on
�e ro�tsAASeoa+4 eatd teat the acts mweer should
I Ddvialat o! WgbmM' -tbat the setter is 4 ,4magan between
I and the owns. -
.Slls ftor ooaclWM by saying that dlaganl pa ldn6 will
re". Be added that he will set acme meeting side discuss the main
dotaii of the Aodrigoes property on
11NY1'tMHLD BMDMW:
A. Pater Commission:
The next meeting will be Jcnuary 17.
B. Miscellaneous:
The City Attorney stated that he would like to go to the
Tr1_Ooacty Council Conference on the legal aspects of planning- -
Jawsry 20, at Burlingame. Se a-A eed.
ABCIMTBMURAL b SITE COIIPACL APPLICATLMS:
A. BffirAIR 0VrD0CR P7MUM, IMC.: Patio Display, southeast
corner of meamy 9 and Steveea creek Boulevard. Recoaended by
B Control. Conditions. Continued.
.The applicant as not present. The Rayor continued the
application to February 5.
B. SLRA LARDS, LTD. (B-Aronen): Propojed buiiding ::cuth sills
of BDmestad Road at 31mU Junction, 120' east of Tom right -of-
wey. Approved by B Control. Conditions.
The condition Upon Which the B Oontroll Ooaittee moved
approval w;re_resd to the City Council.
After discussion, ttttaved by Councilmen Jewett that application
30 -AS-62 of Stals Lends, Ltd., be approved as per the ayeoMPKnda-
tion of the B Control Committee. Seconded by ODVMllasm Smich.
AIM: cotmoilmen: Denstti, Jewett, Pelosi, Saleh, Lax►neo
NIM cooncilsan: Irons
ANSM: Camoilsan: Was
»aX CAIWM: 5-0
O. dAUM i UnCH; 361 B1 c°eA10, lburtain View: Professional
dttioe 8uildisg, south side 311verHdo Avenue, 119' east of
AWNW 9, adjoining Bicldi U1 Station. Approved by a Control.
ptlslisiwts.
After discussion, we I by Councilman aenetti that the Gruiall
s the A lev6ht ! O1v:oh, 31•AS -62 sa Per
Itdstioa of fee iAWfsal Oooittee. Se000dat: by pome"eark
,:.asp,,, ...;a. •. _. _
NAYS: Councilmen: None
Aram: Councilmen: None
MMCH CARRY: 5 -0
A. Missel]aesous:
(1) 'Oe.City Attorney stated that a, resolution of the City
Conrail reghllas taat tentative saps snproved-by the Planning
Commission be OdEdtted immediately to the CIW council. Therefore
the tentative -map appWatian of Ward Cr=P .3 on the agenda.
However, be said that the City OMM12 ' ently has the poser
to contlu t In s011oation.
(2) 1b(1 ftsaealaan Jewett that the City send the Civil
Defense biirra t hlnriaaoant, to a.aiaainto on January 23,
at City to attend the ooalUrenoe an Vaderal and state
Civil J)argW VvV4nas. Seconded by Councilman Peloai.
AM: i` Benetti, Jewett, Pslosi, Salo h, Iazaneo
MAYS: Fb�i: Hone
ABSW -. OR rm M 1300.- lions
MOTI0➢ CAltlhh M 5 -0
(3) loved by Councilman Jewett that the 'Xty Manager be
authorized to attend the City Managers' confarerce in Riverside
on Pebr ary 20 and 21. Seconded by Councilman Pelosi.
AYES : Councilmen: Benetti, Jewett, Pelosi, Saich, Lazam:
HAYS: Councilmen: None
ABSENT: Councilmen: Mone
MDMCM CAFJ=t 5 -0
(4) The map of the Ward Crump pn.perty was posted. (3ee
VIII B.2.). The City Engineer outlined the map fir the Co:ur:11.
He questioned the value of sidewalks on the short stretch of
Lindy Lane within the subdl%!sion. The letter submitted by the
County Flood Control District has read.
Moved by Council=n Jewe't that the tentative map siberitted
by Ward Cramp, application 15- TM -62, be apptuv_d according to the
recommendations of the Planning Commission with the installation
of the sidewalk on Lindy lane left to the decision of the C!.%;7
Bngineer. Seconded t;; Councilmen itiosi.
AYES: Councilmen: benetti, Jewett, Pelosi, Saich, lazanen
NAYS: Councilmen: Were
ABSENT: Councilmen: None
XO17 LW CARRIED: 5 -0
Proved by Councilman Saich that new s:ieet names be 3ubrJ I -!
for the Crump subdivision on Bubo Road. Seconded by Councll•uan
Jewett.
AYES: Councilmen: Benettl, Jewett, Pelosi, ;aleh, La�ane^
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5 -0
III ORAL COHMWCATI -.*M:
(1) Mrs. Ann Spiess, CupPrtlnc 7r+.r:,n� Store, said that 3ne h ::
submitted another letter t3 the City Council asking them to re-
consider the ban on _1reworics. She said the profits mean a great
deal to the .tore and she could not see why she is prevented from
selling when people can sell her dust outsic:- the City limits.
The Mayor said that tht :,until tns ad4ptei an ordinance,
after full discussion, banns •+; tho sa.0 of fireworks. - Us ac-
knowledged that tAere arm sti: I scab, places where flreworla Zan be
sold but said that Cupertino has actel in accord with a cllrsent
trend. He asked the wishes of ttne City Council.
e mmel.-im n wnetti said that if they have been requested .o
review the oidlaence, let's review it, but. if tta C1V does have
an ordinance and continues to bare one, +1e have to stick to it.
The lk or marlmd Ordinance 169 for the February 5-
8e said it wou]d be considered at a study &*scion beforehand.
IM AWOUFMO1P:
0 the sieetins at 12:17 Aft to January 25,
1962,.
4 Tom
7zl� f% Kd-�C
-Lglt e
-31. ..
Al's..
J lanneo
r