CC 01-25-62JAN 1 01962
10321 SO. SARA'.Oli- SUNNYVAIS RUD AL 2-4505
C I T Y OF C U P R R T I N O
f=A
PC== OF THE ArIGLUD iD REGIIUIR VZ"IN0 OF THE CITY COUNCIL:
January 25, 1962
KAM 10321 So. Saratogs- Swaywale Road
rim, 8:oo P.m.
ii
NOLL CALL. Cat1oilmen 891Nabt: Benettl, Jewett, Felosi, Saich,
Lasaneo
Councilmen Alaadtt None
Staff Pres": City Manager, City Attorney,
City &gineer and City Cleric
Discussion arose ewer the addition of California Water
Service Caapsryta applleatlon to the agenda. It was concluded
after discussicn and after consulting the ainutes, that the
hearing on the California Water Service Ccmpany application for
a use permit has been closed and the matter was continued, by
rdnute order, to the agenda of February 5. It waj fuxt :::r
decided tPAt there would br no particlpation by the applicants
tads evening.
The City Attorney adv =3eC tt3t tie h:-c-ing has been closed
and in view cf t:+e fact that the appllcuti.n was con`.in•uad to !:he
next regula- %eeting, and In vie: of ths':tct that the protestcnta
and other _-tcm:.ted parties are r.ot awar of 1038+1110 0!3C'.Uslon
this evenir_, he gave his er,_rion !.hart the applicat]-:-i r..,:1d not
be discus:-ec. his added that litigation riy L)e tbreatettr& in th13
ease and d_ zussion this evenirg wcild he Particularly - Ze-ous
from that s :_dprint.
Cormci_7zr Paloni ^ecallrl th %t he - ,--quested cer. :,ln data, as
Indicated In 71.a minute3 of 3aruary 15.
The '.; agreed, aldine, th:.t. informatton is alto anug:rt fM
W. W. Leste- ybo Is in oppe33r ?.01; to the a-^plicati.n.
The C.,= :il decided to proceed -aith the agenda.
II OfMUNANCE
The C_:7 Attorney ---.viewed ti• status of the ordlranee and
called atte: :ion to the r-:crnt Ch.-ge3, wi-h as tha- in Secti.:rs
4. 3, 4.5 ark! 1.°. he explainod U:- diffe -vice betwcc:- the 1 -•ac..
sections an'- the former wording.
In ans•er to a questlor, the City Clerk stated t art .:v
Council ir.?S :atoll thoy would hold one or pore st -dy c:r t`.•
ordinance a_-A sat the ordinance for Vubilc hearing when rezcr,f.
Councilman Jewett said that Inasom.ch as no eser3o - -y rx Lsts
with regard to the ordinance, he saes no reason to act tonlS,rt,
but would ntber s_nd the o:d :rance to the Planning Corscl t;:nt for
recotmerdati:n from that q*,:hrter.
Discussion :oll:wed as to wnethor The oMlnance e`.culn be
rsfer,md to the new planner at such time as ne is actually In the
employ of tLe City or weather the ori:tdance should be referred now.
Moved ty Cmr:cilr -n Jewett that C:dtnar_ee frJ2%h) to referred
to :he professional planner through the Planning Deprrtnen: fur a
report as aacn as possible. 3e :or :de3 by Couneilcin Pelosi.
A`SBS: Coo-ncllmen: Benetti, Jewett, °el. 1, Saich, lazaneo
NAYN: Councilmen: Yong
ASP: Cotmctlmen: None
IMMON CAR`=- $ -O
_I-
III WAIL -1 AVER ^_ - c7oSsllfr, C? =rIP7?t0 SEPPA uR�WAY:
The City Attorney said that he dice not know the .matter was on
the agenda and dcas not have hia papers.
IV 09MMMCE 169: ?rohibiting Sale of Fireworks Within City Limits:
The City Clerk read the letter received Janua;.y 8 from the
Cupertino Variety Store, asking that the Council reconsider the
deelsion on selling fireworks within the City Limits.
The Mayor asked for speakers on the subject.
Gene Ravizza said that be-Is representing the Cupertino Lions
Qf /and hereb; asks for a repeal of Ordinance 169. He stated
that. the Lira Club performs worthy services with the funds
etllzed from the sale of fireworks on and near the Fourth of July
Ordinance 169, by prohibiting the sale of fireworks, thereby
eliminates the means of ralsIM money for these charitable project;
no observed teat the club and others can circumvent the law by
me)'Ung the fireworks outside the City limits. He maintained this
91sart, puts the ordinance in questionable light in that an ordinance
whdeh encourages circumvention does not have the support of the
pd1blic and is not a good ordinance. It bee•'s further consideration
he said.
Referring to an accident which cost a 'little girl the sight o;
coe eye, he sta`?d that this injury was cased L,y a toy which is
not prohibited Sy ordinance 169, and whic.. =.n not in the f]reworks
category, EX -- lntained that "safe and :anu fireworks" are not a
hazard to He said that he has to the ras:;d- -os
of Idlewild t_^d:aslcr, ant can get aunport for the sale o- t' r• =-
work+i within t..e _Sty calling &Ctt.aien to tha o'!1C1's in .:!c
aadience. c -u�led by sa;-inrt *.hat here 'c no one present cr,
the subject: cf�: °'Inance : -.o hr_a :eq•csred that t:c Council no:
reseal it.
CouncKman Saich said :::at the Lions Club, the VLrlety -`tore,
the V.F.W., s-.i • ^e Ameri.:an 1<glon have sold flrewo_•ks in th,3 past
and he is ir.c:_::ai to allca them to cor.'r.:r._s to do so.
Councilran enettl raid that the discussion is based or. a
xo=etary sCa int whiica 1as r. ^t }d::g to . with the inter::, of the
ordinance. lc ce,pie would like to have tLe ordinance rerealed,
w17 not pu`. It 'ar to the people at the cooing eiectlon? He said
that if a c'. r :a Is on the Lrsls of dollsrs dnd cent:r it is not
morally and _.:=:ally correct.
Councilmen .;ewett said that he has ubceried some of the firc-
works and he •_ see nothing dange,ous in the "safe and sane
fireworks" as eentr,Alec' by tc._ Sceie. Fe sympatnized with the
appeal, not frzz. a standpoint o :ollara a % cents, but from the
standpoint that t;:c materiais p^oh?.brted In the ordinance are rcpt
a hazard to : a -uhlic. lie as:__s to go on ra ^cr•d as In favor Of
repealing 0ril _nce 166.
The May, -r said he definite doca not f:el the matter shou ?.d Fu
on the ballc`., a City Co,mcil is the bony elected to rclnr3ant
the electorate and the public at large and was chosen In i;he laat
election for tC_t purpose. lie s",i he does feel that flrcwe.cs
Improperly- used could result in Injury. He emphasized It should no
co or the bai'_;t.
Councilarr. S11ch said that I^ the State of Californ.'.a end th,
Fire Marshal's 'f Ice in larticular, app:ov_s or allots the f.re-
works, he dies nz— see why the Cl.ty of Cupertino pc.ssed an ordinanw
against it.
Counc_' :•+in Peieal said that he Vent thinkl.ng of the child 105-
IM an eye e: to time of ac.;,tirlg the on.in.mcc, in F.- .bruary, 1951
However, he hLs ob:ervcd and rzaained sr•me of the fireworks since
that time sri carrot find it to be a danger in the usual sense of
the word. F1.^taerw", the a£onrxn;,icr;ed eyc Injury was rvused by
a toy and net by f.treworks. Sash a t.-y is not prohibited by the
term. of 01,I1nuace 161).
Moved b ^r adman Polosi that the City r ?peal Ordinance 169.
Seconded by Co:_a_.:mtrn Jcwce L.
AIMS: Courci.xn: Jewett, pLloal, Sa :ch
aYS: Cour: ll-r =n: i'r_netti, lazaneo
A19UM: Ctuncilmen: None
HMON CARRla : 3 -2
The City Me -urger asked the Council if they wish to limit the
zxm*or of permits.
The VAgor said that last July 4th and preceding years, the
ismm Club bad 2 stands and the Variety Store had 1, the.Aaerican
tags Lad 1, and the V.P.W. bad 1. He said permits should be
ooafined to these 4 organizations.
Council3an lieloai so No$ -
A question arose concerning the possibility of another
ciaritable organization seeking a permit.
'COm:ciloia S.ich said that the public and any orgarLZation
sbculd always have the prerogative_ to face the City CcxriQI1 and
ask for such a ,permit.
Councilmz Felosi withdrew his motion.
The May-?r wid he Would liko to see ti,e number confined to c
Moved by '_._ncilrnn 1'elosi that the ora ; -nance repeal]-re
Ordinance !Sy, to written to allow fiv3 (r! ii.reworks permit
with preferen:_ ;1ven to the foar abnve. ".«rded by Covnc ±7.c :.r.
Tew+tt.
AYES:
:.�;�-- 's� :n:
Bene! :t1,
NaY3:
Co-ur._i'_Men:
bone
AESc?IT:
t~ i :_ =: en:
None
MC/n(;N CARK '
5-0
.7NWett, °''1031, S•'iC }�, Iaz.ineo
Gene Ravi-:! thnaked the Counell ve-y mr.:c': for the -ir aca7.oa
c-: behalf of r`z: C'uprtlno Lion: Club.
V KTSCELLA!U `.IS:
s,ineer reported that both the Plannia?, Some +.s ^
(_)
10r-
Th. CicS =
and the CS'y .o -:nil have a,,provzd very re ^entl .-!, a tentative tap
z- bmitted t; =i - =- Crane. A s11g2,1t problem has arisen.
The C'l:j posi.ee. t!lo mcp approved by the Plarring
(1emalsaic.: ar' Council ar.d alto posted the first icap suor..itte�
'r7 71tz- Crane. 'I reviewed the history of the Property hriefly,
explai.rdne t`a' incent and Joe Maegto are ecrcerned wt�':r the '..
acre cxcepr_or. -n tl.e west side of Planny Avenue, beine cn 'Le
east side ), r- subdivision. The owners Wash to de,el�p t` -i
property and firur:d inttlaliy that Ule »rt,J :.ty 'do :•?
Lave double :r :stage, both on Blaney and or the L:terior
tLO Pltz -CMW subdivision, thus ailowtng Lots or. both side:,.
Yvwwever, th= cz.^ approved by the Planning Coo- Ttission and the C'.VY
Cotrnc]l moved interior s *.reet one lot ,lep -�h to the west, 1-11'1-.
reruving the +es' ride or the Maggio prope-^ -y from the pc.blic
et-vet. k cu: -ia -sac ir_tersocting Blaney Aven'le could pi*ni:da
access to the a _le property. )rue to the !.invited size, 1.3 scre3,
a 5b' street nc:.ld take up a lot of ;and whlle only scrvi.r„ a
couple of lctr. The City EngJ.neer said lie could rot see tun cruc:.
hindrance to re?u :lnq tha street witch from the requlrmi 56'• He
said the gdestL_!% . now is to see if t".. City Council would p:rmit
a variance to a:'.ow a narro,rac street.
The Mayor said that he has no r.--collection whatever of the
1►3gio lot in :�'_attou to the Ditz- Crane cup, saving that it was
not mentioned as far ac he iorows, at :he tuna tlua.t the tentative
map was preser_ -J for approval.
CourciLz:t Jewett said It i:• his :e^cl :ectron he vi- told
eseeptlor has me connection with Dttz -C . -na.
,f a+•,lGighbO �,. vraa.. _that tie
stY. V ry, 4
b e _ _ - �iit can.
.wnei �ie3 Mi ged r °wl _ .r.
!4 tc l" pID4 d bs MAvibY le"seT ,t.-- not
$ �tLt Ger aaSaeva awfor s --.. _. ;f the
Spa Jla t b °atd..'. �_.....�z _ -- - . ( Sch
Y: Rs
1069 atl Tty yC a l.P'IC tT''% _ -...y street is
�°4eGd60a t tl apt Y pt lee cess - ...._v adr,�ra•.. _.�..... _ -_.. or. the WA
yam°"l at tps l S 'd t,.�io'r0pa1'ryeio
vy �, 40 %YO !es• svtoy Ruse SC dceR So
house on
X41 ya,y�6 �tat1 �a � sttMtvbip�... ^e standaad
poi s ty�t sCpblA� bPyOM s ..v.. _ either in to
'1� ° �SVW V
as
10 '" s11 tool+ so- - - 9rd improve -
lt!• tb0`t� !v°ro°tTd°nd t°
ypt io ex4eNl�'as
'as- 00 op �gi�. TT I9 ata rrovs2 of the
56*a nth plt dam_
S eti °p q. W iGteA• t 1: but _ _ — - ;.iBured out
tttletd q° 0 r ssid . -Tape, the n'1erlor °•
eott to .awl �:.e o9 its Meet to cl ,.>� -___
p a to c _— _ =!s:: wlc• 'he
IDt a tb� tea Y, et aw -de _' ... .. __ .__ -- - - w;.e:reas
rt:. ,tTe r cwt balvl9i' __. cul -de-
tyra v ®\abt° of oaS,�ts�CA a oys of
. _ —�� _. bl
t ,-as 46�C iq�a 3r `t 4i
cw %e
,tre or a ,ac,. ,r; s iJ }. .�.. '_ cul- de -s,C
1° �el'= c ld "SE 6.' ` t6a t att" _ - H -: asked
yvc " °w oT a�ea1' o-a of `-d yc� ^-�- — - a] lee
ane
,t,e ans� vwY t°
ti965 t° Ns be a ..ot opG c- - __ the
1
'^ezo^ericn
wry ads co vbE- ev yc,a,.e- _ _ - _ Costreet
it
Is tY atto hoe t.l^__ -'- __ - - - n9mt tsts
It's aeve o9aa,11 tide °t Roth
4r°4°c0 4lC KC �^�l ve 1�Ud - - l'treett!r.
,plat .i a4a ttne o7�9 t'rion•. -- - -- -
°f sw d thsr_t ai pe wpl:l" -
Ne bi
are t,,S. Nch
vN 'till t-01010 t b19
COT ° iwpd tbs YET _l _ _ _ .. •::S t.n
pw.. b a�io S na't° TeP..
h,al°t°Ycw9, C9 vim. Ci °' C °C e-_ �._� _ ____. _ _ _r. o•.;�rzar
yid %10 oldvia Ot nisi
the 0 mt uewlb Welled
4, rots ,tapes toadllF o, _ y r�r _ --s-' He has a
tyle j,0664 to t
Mt. tN° lat' 3'�- ='�_= =- �'lman
tNt ,or 4
AAra fl CCIYIC;•
n
ve 4pved b9 s'�1 �•.: ?z =.�- �__ - rzaneo
'A b a
. ode r,.�.. -..
by tt. t,lxiEtr: �r.CS
co "i.1000
He sail the Council. asked if the City Ragineer approved o^ the
asp and x;ether it c0apliod viti, Lhe nelghtorhood plan.
The C_t? Engineer u= be advl4ed the City Council that the
]Maggio property could be devL!oped by a full cul- de-sac and it can.
Be acknowledged that a variance for a lesser street width was not
mentioned at that time.
Counci :.man Pelosl said that 1•x never heard anytbing of the
Nbggio property, and in fact, did not see the first snap (which was
rew$mwed by the plann_irg Gumoission). Accesa to til- new street is
r m0mbleing denial to Maio• as the subdivision appears on the
jVjWwad tentativC-
The Mayor asked 11.,. Wagglo to speak.
Hr. lAEgio meld that a. 56g street is not good because it does
sot = •leave enough space for the house which he has planned. Mr.
iAggio explained that be -womW not be able to build the house on
the 56t cul-de -sac. He Aid sq that he will put In the standard
City improvements on Macey Avenue ox way or another, either in
ewnjunction with DdtsCtr~ or through an assessment district cr
muse other way, but he definitely stated that the standard improve -
sats would be completed.
The City U- glneer raid that La recommended the approval of the
firat map submitted ty Ditz-Crane, buc the Placatdnand figured
rout
threw it out. Mr. FlenIng went to
the estim-i :-- of the street zn terms cf squsra get by using a 56'
cul -de -sac, by using a 40' cul-de -sac awl by ustrg tj.e interior
street wit' s the Ditz -Crane sabdivision. Tt -s P'_rst plan wit:. toe
interior s::ect requited a loss of crly 4,540 :q<at� Peet, w :crews
a 40' cul -::e -sac would r>: C -e 4,E00 quar feet, a-i : .6' cul -de-
sac would ;se 6,'(x'0 sglarc feet.
The ,v,-;,,r asked Mr. 74_�g'o if hip objects to
Rr. Msg51: answered la t nevut.lv,�. ?aP h <tiyct sa_3 tL,t Mr.
c-rald pat `_'s driveway r.. either Blaney 4venue or on the cni- de-sac,
that this vim_ d be up t: the discretion of the t.cmeowner. He asked
wyy the street could not be cur:sldered a private drive,,.ay since
-m leads _: w:&at is on17 one piperty at the pr =_se:c time.
The :qty attorney s_id t`.at or1l::anee 47 provides that the
;x-oposed d ^ve'opment be :based as a subdivision art therefore
mast compiv rich all tae zerms of Ordinance 47, wit -a the exo.ept-icn
of any specifi : variance or exception granted by the City COW
Be said that she ',•1bl.ic interest extends to the rear of the streets
idlch are z:c .zlmply vets -a1> -^ way,, 1,ut also onsti`ut° easements
for utilities. He ment_o -%-d po'__ce and fire protection, both
publir fir-- :_ions which wc^ald r.ve to use the proposed street. Mr.
Maggio said that his lc`s -�ou:d be big enc'Yh with a 40' street
.:trough a narrower street would be a little better.
The ity Engineer estimated the radius of the c._1 -de -sac a�
3+0' and said that a 30' reilus to the :ace of curt xmniiee
the stiodi%islon ordinance. He added :hat :5' might Possibly b_,
sufficient in this case. if the sidewalks could be eltml,"'ed, a
40' street, curb to curb, would conform to the subdivision o einan:
Insofar as the trnvelled way is connerned. The other 20' r1;nilsh
the d!stance for a planting area and aidewallt. Thus the afore -
swmtioned 30' radius would be measured to the face of the curb w: = -c.
would als_ be the property line in this case.
Mr. Maggio said that lvt was going to start the house list
laouday, bus this difficulty of the street pattern arose. He has a
very fine floor plan he maid, and will build a good house.
Moved by Couuuila:an Saich that rt•e City approve a cul -ae -sac
409 wide wtth a 30' radius in the ,ulb. Seconded by Councilman
Jewett.
AM: Councilmen: Lti, Jewett, Pelosi, Salcn, iazaneo
NEW. Councilmen: Icons
A�: Councilmen: lore
kNNlSOk CAHR:ID: rj-0
z
1
1 Moved by Councilmn relosi that the City repeal ordinance 169.
T Seconded by Counc1198a Jcrett-
-OSS: Councilmen: Jewett, Pelosi, Stich
nhys: Councilmen: Benetti, :azaneo
AI%MW: Councilmen: Nonc
tW=ON auutill ): s -2
The City Menager asked the Council if they wish to =unit zhe
m=bar of permits.
no -Mgor. amid tY.at last: Jal7 $th'and preceding years, the
!dons Club tad,2.stands and the Variet7 pore had 1; the.American
I'egioh hsd 1, and the V.Y.W. had 1. Be said permits should be
oodr1ned to thoss,4 osSurisations. ..
oam0121106 Ndidsi= so morsQ.
Question as+ase o"berning the possibility of another
obaritable OrOMsatien seeking a permit.
Cowwllm&n 9a1cb said that the public and any orax:e- zxtion
should always have the prerogativ± to face the City Ccuncil and
ask for such a permit.
Councilman `eloal withdrew big motion.
The Mayor said :,e wuuld like to set: tire: nu fiber confined to
Moved by rouncilmn Felosi that the onLinanze rtpeAl.. *v
Ordinance 159, ba written to allow fiv+ '5? fireworks Teredt,:
with preferer:c-, gtven to the four alove. S,:Irdcri by Covnc ±xc - =:
Jewett.
AYES: Counel'mwn: B°- netti, Jewett, r ^1031, Lazureo
NAY¢: Councilmen: tone
ABSEW W'. Councilmen: bone
PMUN CARS=! 5-0
Gere Hlavizzs tiarW_,! the council very mac': for thr:ir a':7:io:
on behalf of tl-x Caper`tino Lion. Laub.
V MISCSL1.%W''=:
(1) The City FaK3 eer rcnrrted that both the Planning ��mstsaor.
and the City Council have approvzd very re "ntl;,, a tentative MP
submitted cy Ditz- Crane. A s]igt:t problem has arisen.
The city Engineer posi.ee. t1u: =. approved by the Plarring
Cosmizaloa and City Cccncil and also posted the first w3p suDr -1ttt_'
ty Ditz- Crane. He reviewed the history of. the T- rronerty briefly,
explaining that :intent and Joe iyrpeio are concerned wa:i the
acre exception on tLe west side of Blaney Avenue, being ca 'he
east side of the subdivision. The owners with to de-,el�p l`',
property residentially and figur d 'initially that tie *m.✓:r,y wo
have double frontisge, both on Blaney and on the iaerd.or
the Ditz -Crane subdivision, thus ailowtna lots or both aides+.
However, the map approved by the Planning Comffitssion :Jed the Ctt. -;
Council moved zhe interinr street one lot depth to thr vest, tie:;'
removing the west ride of the Ma"10 pa'ope:Ty from the public
street. A eul-de -sac intersecting Blaney Avenue could pror:de
access to the whole property. lire to the limited size, 1.3 scre3,
a 56' street would take up a lot of land while only - ervir4 -; a
couple rance lots. The a t! sstVreetawia h f_-vmcthed m1
required 5G' He
acid the Question now is to see if tlt3 City Council would permit
a variance to allow a narrwar s`.raet.
The Mayor said tffit Tu has no recollection wbatever of the
Maggio lot in relattou to the Dltz -Crane map, saYtrb that it was
not mentioned as far r.c he knows, at the tima thr.t the tentative
amp was presented for approval.
Councilman Jewett sold It is ti`s recollection he was told t %.,
exception has no easneetion with Ditz-Cra. ».
JAN 3 0190
P,
The City Hgineer asked Mr. YAggio if he intended to come to
terms with Orane or join an assessment district or put the Blaney
Avem:e improvements in himself.
Mr. Maggio said be did not know which method he would choose,
only that he would chose whichever way appeared best. On repeated
that he would. definitely Install complete improvements on Blaney
and also said that one lot north of the creek would be improved
according to the City standards.
J - sw Mayon tlism,'pnfyOsod that Mr. Menlo m6ndt a letter
y
5ur%ntaeir* theme ii6mvements to the city*
+> Ilovid by-`Qedneilem -romidh thst Mr. Flo = a latter of
�. .t ;i><tepQ stip�iR tYe >aatl .City irigabvemrute ca- Avenue for
k. the length, of 11te'•1oEi' ftuattlifg: sere to" the Cigrctrito f dopy for
the -City Bngineef and City Co:in"l. Seconded by OMMIlman Polomi.
AYlgs Cwmeilrens amettl, Jovett,: :Pelosi, Sai:D,. Laaaneo
NA78: Coumolimen: 'Mona
AEMM: Commilmena Now
MOTION CARJM: 5-0
(2) The Mayor asked the Council if they wished to discuss the
application of California Water Service Ctimpanry for a use permit at
Wolfe Road and Calabasas Creek at this time.
Councilmen Jewett said that if the public hearing is closed
they could not permit representatives of the water service company
or the protestants or the general public to speak on the subject.
The City Attorney said that he is afraid that this is rot
going to work. In view of possible litigation, h_ advt-. -d L %e
City Council to discuss the applJ ration is private. Any public
hearings on the subject must conform with proper notice to all
interested parties.
The City Manager said that he does have a map containing sonrr
information on the water service company but it may be very
difficult to get all the informatior to the Council as mentioned at
the January 15 meeting, such as the exact service arras for each
well, quantities, etc.
Councilman Pelosi said that there should be some record of 'ht
facilities already installed by California Water Service Company
within the immediate franchise a^:a, such as the number of serv.'Ces,
the number of gallons pr Zently being delivered, by area and by
well,. etc.
The City Manager said that he may be able to gem such inlorna-
tion.
The Mayor advised the City Manager to follow uo with L'yjir
information.
III BLOW AVENUE CROSSING 0? JUNIPERO SERRA FRFSNAY:
The City Engineer posted maps of the reiocatior. of Elaney
Avenue as submitted by the State Division of Righways -- Plar, 1,
Plan 2, and Plan 3.
Pau► 1 is the initial plan submitted and described by Jeas
Black. The existing houses an the east side of Blaney would have
aeoess to the existing Blaney and access to the realignment of
Blaney. Plan I would pull Lucille Avenue south a _few hundred fee=
to oorweat to the realignment of Blaney.
Plan 2 puts Lucille Avenue under the structure by which
Blaney crosses over the freeway. ?t would necessitate the
lengthening of the stricture over .,e freeway and would cost
43T.200.W more than Plan 1.
Plan 3 would cost =53,000,"' so'-'e then Plan 1 according to
Bighwq Department estimates and would regmIre retaining wells
for the fill needed to raise Blaney Avenue over the J,•riaero Se
Preeway. This plan would allow Blaney Avenue to remain in its
present position Paid rnuld also include a temporary roadway betneen
Lucille and the northern section of Blaney. ^•he temporal^; pavement
would be removed when the project was complete.
Councilman Salch said that Paan 2 appears to be better than
Plan 1. Councilman Eenetti agreed that rlan 2 is better and
would enable the people to gain access to Lucille by proceeding with
the traffic instead of crossing'traffic.
Councilman Yeloal asked about the property owners and what
their position fjtw : cc.
The ilyor, p9poso VMt the Property owners be informed of th
IT + possib131ties,. :sdi4k�s City Council holding at special Meeting
for the purpose o U *=NAdtrb* the 3 plans.
Councilmen P40si said that he would like to know the entire
-cost of this cross1t1,,gddM further if it is necessary that
6r' Blaney Avenue go through. He observed that the street does not 90
t anywhere, but deadends at Homestead Road and that it will never go
anywhere what with esisting houses just to the north of Eamestead
Road.
The Mayor said that he would like to see every road we get to
serve the core area of 0 per'-ino.
Councilmen Jewett said that he too has doubts about Blaney
Avenue going anywhere In particular, but since there is no Mary
Avenue at the present time and no Wolfe Road as yet, the City doe.^,
need Blaney Avenue such as it is.
The Mayor said that the State definitely sill rji, r "er tic:
funds as would be required for this crossing to ,other lcc 'fo n
such as the Highway 9 interchange, He observed that th Cicy made
a great mistake in f!Aing Blarry Averae as a ('0' street '.hr-ugh
Cupertino a couple of years ago. At that time, they wE -e told that
Blaney Avenue was not going to go anywhere but now it has betn
opened up as a 90' street through San Jose south of Eollinger. At
this time the City would be better off with a _00' Blaney he said.
Councilman Benetti said that they should get the opinion of I-h_
property owners on the 3 proposed plans and take them int,) ccrziacr_
tion before drforming the State of their decision. This mlg;tt
an entire meeting he said.
Moved by Coun:cilian Benetti that Ellen 2 be approved as cha
most feasible, the Council rccomm- in°1ng that said Plan 2 be ado; .ce4
on the basis of better safety, better planning and better trefit-
control, the owners of abutting property to be contacted before-
notifying the State to see that they have no objact!ons. Sa.cndr`.
by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Peic i, Sa_ch, "r,' Af,
NAYS: Councilmen: None
ABSMP-: Councilmen: None
NOTION CARRUM: 5 -0
V MISCELLANEOUS (CONTUMM)
(3) The City Manager Sntrediced a letter from Clark ()asscn data'
January 25, 1962, asking permission to use the lower read entrant:
to the Golf Course off McClellan Rcad. the letter stated that he
plans to clean up the brush on both sides of the road so that tine n_
will be proper vision for ingress and agrees and also to save the
fence and the pillars ,o that they will have a wide entrance.
Discussion concerned the pussib_ lit. that Olasaon could
disturb, alter,or obdMe the existing intersection with McClellan
Road and should therefore sec ire en PnccuacWwnnt permit iron the
City of Cupertino. T*ersfors, Claris G13sson was supposed to submit
plats for opening a driveway onto a public street, such plans to be
subject to the appre.al of the G- ty E:.gineer. Proper storm drainage
would also be required.
::
Moved by Conncilman Jewett thaththe Glancdnorequest Of hment
January subject ec approved, al or the City Engineer. Seconded by
psrmdt, sub1eot ..o approval
Councilmen Peloai.
AYES: Councilmen: Senetti, Jewett, Pelosi, Saich, lazaneo
NAYS: Concellsen: None.
ABSMPf: 0Lfoilsen: None
MOTION CAW: 5-0
(4) ag gltyWAgUmat said that there is a litt2& lftbiea on the
6ea00- Late11 deve]oFiMt. 1W.vbferrad to'-tt& a sbt�en
... n*. a%A Awimaiwr shish "oontaln a CUM* _sCatia6�
at his
ortac +t7e"� 1'eQ to
A WHC of 0&&"W& ft;v" 1
elsi• eats �` � Lion or water
�� t!, or othes�RiBe Modify aW of the lands
13ns � d sttstii�g ou aew tbrKon
Vow M�olt,� �zM,10'be inataliads
s
Mr. nestu6 said that there is a stanQrld•'aiewsa in, agreements be nted when sube
to remoVul. 0 said that he We beeneunableegoto� determine who the
owner of the line is and he cannot permit the mov1+8 of the
irrigation line or construction over the line until an agreement is
reaches on the matter.
The qty Attorney said that he has researched the question to
see whether the qty or any other party hair an interest in those
properties
lineechec" every righlt and easewintponhthe lines Hetconcludess
that there are no property interests along the lines within
3061. He said that he could state that categorically, t s
title reports. There are no property rights within these lines as
far as recorded documents, easements and rights are concerned.
Therefore, the lines do not belong to the City since they are not
embodied in recorded easements. Any legal right or easement would
show on a title report and the documents make it clear that there
is no qty or other recorded interest in the irrigation lire(s)
within Tract 3061. Legally the City has no interest and the title
companies show no easements.
The Mayor compared the situation to the Town and Country
Subdivision known as liestacres. i:e noted that the builder was
required to relocate an irrigation line within a public utility
system at that time so that several asked why ners would l not ibetcuy
off from possible water supply. He
agreement was being thrown out.
Councilman Benetti said that the standard clause should be
considered before the Council allows the developer to tear out the
line.
Councilman Pelosi asked if it was correct to assume that
people have been serviced from: the line inquesttionnt and sIf so, do
they have any vested or continuing right n this
The City Attorney said it in questionable if t:_cre is any way
to secure a right in another man's property unless YOU taxW..y it.
Councilman Jewett said, that if the certain people and ranchers
are being dot off from water supply, it behooves then to try to
secure an easement so that their water rights will be protected.
The Mayor asked the City Attorney why the clause is in the
agreement if it does not mean what it seems to Say.
The City Attorney read the clause and said that an easement
is not an easement within the meaning of the law unless it is
recorded.
Councilman Bepetti asked the qty Attorney if anybody could
go to court against the City maintain!ng that their rights had been
violated?
-'(-
The City Attorney said he could not conceive of it.
Councilman Benetti asked how much City revenue is der3.ved
from the water to the properties in question, those who would be
cut off.
Discussion followed concerning the possibility and likelihood
that such owners could secure the water by other means or from
other sources.
Counallwan Benetti said he could not see why it is necessary
to porous the artier any further.
COumGjMM-90A0"-.a&id that the ipet remains that the property
21.: owners are barb,voC csoff from the wat4W supply and the reason for
x;•' 4 : discussing' 1% fWto• sae :if nose remedy "a be: discovered..
The Npohr saiQrriye Mould pat the Witter off to February. 52
asking that .t1W g�WVVty owners be notified of the situation. He
stated that St these is nothing we can do, at least the people
should be noti?Aed.
Councilman Paloel reiterated that the City has had the
responsibility of supplying water to these several properties in
question for the past two years and also that the City has
received funds from the sale of this water.
The Mayor worked the matter for the agenda of February 5,
with the affected property owners to be notified.
So moved by Councilman Pelosi. Seconded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Pelosi, Lazaneo
NAYS: Councilmen: None
ABSM1r: Councilmen: None
ABSTAINED:Councilmen: Saich
MOTICN CARR320: 4 -0
Work on the subdivision will apparently proceed with an effort
made to avoid the irrigation lines in question..
(5) Ward Crump, Camino Del lames: Permission is requested to
start 3 model homes in Baywood Terrace prior to acceptance of the
final sap. The 3 models will face on Bubb Road. Mr. Crump offer
to post a cash bond in whatever amo'at deemed necessary by them
City Engineer to assure the strect improvements on Bubb Road in
front of the 3 morels, Pending the posting of the bond for the
entire subdivision.
Moved by Councilman Pelosi that a letter be sent to Ward Cr._:_
President of Camino Del Homes �uthoriaing the construction of the
3 model homes on bibb Road in raywood Terrace. Seconded by
Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Pelosi, Salch, Lazane0
NAYS: CouunclLaen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
(6) Don Miner, Executor of the Estate of Louis C. Miner: Lette-•
to determine if the City of Cupertino would be willing to grant
commercial zoning in exchange for the dedication of a 10' strip
along Highway 9 for its widening. The property is located on the
east side of Highway 9 dust north of St. Joseph's Catholic Church
and south of the property of Paal Marlani, et al, consisting of abou:-
9 acres.
The Mayor ordered the letter received and filed.
(T) Moved by Councilman Palos! that the City Manager be authorized
to attend the City Msnsger's .:on°erence at Riverside February 14 -10,
instead of the previous dates which were February 18-20. Seconded
by Councilman Jewett.
_t
AYES: C'Qwcilmcn, Benetti, Jewett, Pelosi, Saich, Lazanco
NAYS: CoundImem: None
ABSMU: Councilmen: None
PWION CARRIED: 5-0
(8) Discussion arose over the payment of $3,52D.00 to Lucy
Stores, Inc., representing reimbursement of 5-year fire hydrant
rental and installation fees in the amount of ;2,500.00 Plus
$1,020.00 from the checking and inspection deposit.
Councilman o�tt=ds twice a mrnith, the
amely on the first and
for the payment "
third Aendaya of each month. He roved that the aRetinig be ad-
journed to February 5. No second; the notion dies. lX been leers ninths aek11. Ne saidthedidtnotewant 'be held s have
responsible for their lose.
Councilman Jewett asked for clarification of the disagreement
here. There aLpB bonds spoken no o connection the aforementioned
Moved by Councilman Benetti that the meeting be adjourned to
February 5. No second; the motion dies.
Councilman Benetti excused himself from the meeting at 11:35 If:
and asked for notice of the next meeting of the City
Councilman Jewett said he could see no need for a special
meeting of the City Council since the City Engineer can make a
report to the City Mnager snd the City :ovnc :l cor. :arning
bonds mentioned by Mr. E -eich.
Moved by Councilman Jewett twq.` the meeting be adI,urred
(at 11:41). Seconded by Councilman T+'osi.
AYES, Councilmen: Jewett, 1"closi, Saich, Lazanco
NAYS: Counci]m ^n: None
ABSENT: Councilmen: ]3enetti
NOTION CARRIED: 4 -0
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