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"�ti � �:� � ^�,�4•fr2' fi xewwL 3tart:?`lt +.:t,
:for
s. ad`lfeac .
t ` Mac �3 gyt has .bagb'eausd to give aw
ft I _ �isle-f;�t study y-i a Approved for' tae" saw'"
s! yes, City'egr ammt an 6rdin� r.
bas. a ffftd p. se agreement and 4rdinan.'e between
slow am the City and the California hater Berdla Comparlr. Also, tha
California liter 3errice CCP has a contrast with the PuJlie
VUlitisn Commission of t $tote of California rerulrtn6 them to
provide miter within their franchise arcs. The rater company has
four a parti nlarr well at the inters OctlOnsOf �lfe load and �t1an
Calabasas Creek. This application is now berors the City Council.
_The Mayor stated that 80106 w.1lls neait y "0 _going out of
bbyj Will Lster beaposted on the bulletin board. The map p tan .%:n -tted
centric circles shoriug at 1000' intervals the location Of nearby_
wells, the proposed site being at the center. The goest!'u is going
Council to decide is where California Water Service Company
to get rater to serve the subdivision being built within the City
of Cupertino.
Councilman 3alch said that his concern is with the City Of
Cupertino and that he is going to base his decision on the needs
and Snteres:j of the City. He referred to the petition presented
in opposition and named Tarevich, Pend, DeNapoll, Meyers, and
Hadar, as pretty far away" from the subject alto. All the county
wells have gone down and the wells in this area have gone down more
than meat, fie said that no ore can definitely foretell what effect
a well will have and it is "just luck on how you hit it' Two
lister Vella, amt Craft well and One PaguAni well are the closest
to the astoofconcerned hdlld be
Vw greatecncern of the City. Milovina and Stepovi wes,
said Nr. Saich, are fuseber away.
The Mayor asked Councilman Balch to verily the fact that the
Canty of Santa Clara once approved a well alto upon an application
by the Monte Vista Wptter Works, now the cups; -tino Water �t ment,d
and ctrtaln ranch ONOea, want to court against the use pt
by the Canty. No asked Councilm►n Saich to coweent on this.
Couwilman Smioh agreed that this was so, that he and seve:al
other erchardista JT'' +!toot[ litigation to prevent the construction
of a well by tho, Mate Vista Water Vorks, but the Court railing was
in favor or LAs Montt Vista Water Works aed they were allowed to
teor-me the prgftt and dIg the well. This well 18 now being used by
tiro %. ty or Catpartlno. counoilman Salch said that the Council should
eJonnettoutside ea
sidsr the lmtsrosts of the City, bring In mind that it has no
44&10tam ear} oo oeer+n oves the property bsyond thi City limits.not
-1-
The Ymor referred to tae Lester map sn: listed the wells which
l inside the City lisdto amd the wells 'which are olultside the City
h !,s. and a�iAp�IM �yi a�Cbale nted r� t�IQ inai
gt�il and thv B}1QA to boffi tentative tad final mpg,
A t a� that in Citf is guarsateetng the utilities xhetu
appsoval W. an acknowledged that the .City
..
oaoaider ti5 mId'omrars In the arx and the effd. of the
,z z
ties, or wells in t* .a4K, upon tba- .. ,
s.
r QOvnoiSmrn sh ,sad1lt, lomneo both
' agreed twit iff} �we
tbe_ LbaoYrJ:=�..�u�!�
bs i�lto sbo�]d
_
well
a
" ' othe �oJn of
amsil be iM1dl: ': the cif , is 1pg
, ap 24O ^7AaM lr+lis will have -to be .Ccwddered In
Sidi- �itsi�fs
He
I be Built wits 60 *At`er supply.
COald acs ndtbi�_ pith Issuing de pelt• Pluslly,
wrangle with f *6&ra that can be-Voitedied in court if
ie the appropriats';iolation.
Councilmen peloai.referred to the mater plan adopted for the
Cupertino hater Works, noting that he was against the plan. However
St.haa been adopted and the plan shows Stelling Road to be the
easterly limit of the Cupertino Water Department area, meaning that
the Cupertino Water Department will not serve any area east of
,telling Road. Hurthermors, California Water Service Company has
a contract in the form of a franchise with the City and the lublic
Utilities Commission to provide water in certain areas of the City
of Cupertino. The existence of a franchise and the adoption of the
ordinance make it incmubent on the City to take the appropriate
steps. If the City were to deny the application, he is inclined to
feel that it would be a negation Cr the ordinance heretofore adopted.
Suppose, said Comollman Peloal, that California Water Service
Company, came to the City Council and said 4hat our proposed well
at Fomeatead and Highway 9 will dry up their wells on Stell1re Road,
some of which are ured 'w the City. He said that this would present
an amusing situation for the City. The main consideration for the
City Council he madntsinsd is that such water as my be produced
by the subject well will be for the use of the residents of the
City of Cupertino. Additionally he said that some consideration
should be event that certain the affectedeadversely. water
he mentioned ano
device similar to the agreement between the City and Callfornaa
Water Service Company whereby a standby emergency supply 13
established. If some type of working agreement could be arranged
between the farmers and the public utility he would be satisfied,
1» said. With such emergency service in mind, he is in favor of
a use permit since the franchise and the master plan of the water
department so indicate.
The llRjor pointed out Cat the city of Cupertino is not in
a financial position to expand its own water department •to incIWO
the adeole City. Councils" Palosi asked the City Attorney .,f there
Ss not some 'implied covenant' or promise in the franehiN. The
City Attorney sale that the franchise does not expressly give
roia Water Service Company the powar to dig Wells but -uch
=cations a.�a oontainad is the franchise. In addition, California
Mrter 8s!,4oe oompany does have acontract wLth water adthin16s
�
Coaaelon which positiveU rsquI r
tbeis franchise area.
Cttamailman xlah ;agii ingaI counsel It the City could got
Me My Attorney nanmmsl�al99rri ottid there Isialways a�poeaibilltthat
as City omit be drawn ins 1: in this cane he thought only on
` � -s-
A this 1s ffie only May thst
the beef of sbule of =M101Pel P0"7 1 discretionary and
a uRe permit can be attacked since it is pure
therm la rrc inherent rlaht in any party to a use permit.
Sw hlyor saki t&zt If the
ercity council go s the Planning
Camdrelon. Claltforsrla to to side of the the fseolein the City; the same is trare parties. In one sense,
platers, irnolvlr� eoMmt action by private
3e said, if we desy the me permit appf�on, City might be the
der out t 0.a gjr be joined as a part oc the action.
eaue, the C1y
OMM17MA Semen &%W that the City should not Mori7 about a
3M salt, bat shadd 4W go the merits of the dttatlon not on the
faate or lsadld'.Aly. at wa►ttal litIV%lon.
lhtt no eaame oeanidsasti°n should be
toallfY 1lebld ei not be
b 1st �eedlfL]i* d 1bs law = sad that this should
Cal wow web a Oetllign is Rafe. gm Ogg, he said that they
�M s0OM1fer � j,'�a of relief for faraMrs 'A so eNr�rOy
Mill serve Mast of SON '4 NMI. ant tort tbs City "par tepagreemt _for emergency
b0elllsd >dd. nth ss aruoss to her =te agreements _
water soppllass hs edA SL in a �r9stJe� 89 to
letter Ibrksrcan not
blitbrMa hater gum -*A@ Clomparp
in s<mh tea. L's"spwtr owners can contract for such amerganoy
esrvioe and be noted that at least .e of the rancherss,me O.adyg
to statements suds dmr3ni the course of the he• ,settle the
ages no. SmMver, he does not ace how the City can
problea in the othe7 frma:hise areas and implement or enforOa aa;ee-
aeits betum, private parties. Be said that the subject cdpf llsh
utilities would probably help in any emergency, repeated that
water
to distressed racchers at minimum cost. repQB
he did not see bow the City could help in drawing up an agr'eewo-:it
between private parties.
Councilman Beuetti said thadethecaoihelp both Service and
has already eRpre
with
the City In the event efo6 nthe tis3
the c& Ufo- dawateServiceforemerg ecy water sanexa:Ple.
Co•.mcilman Pelosi agreed, saying that he meant only that
Councilmen have a duty to individuals, big and small.
Councilman ,'erett said that such emergency agreeme.=tr s "Oulu
nit be conditioned to the use persdt.
COVAJc,lman Yrlosi agreed again, saying that his co Lentions are
mainly for the recosd to acquaint the ; :'` "^ w4+r -s views and tha
viers of the City Council.
The Meyor concluded the discussiun by aQ _sing the CowiFhC that
they have a serious doe! sion to wake cn the c� ':.g Mor day
er
The City &4incer, John E. Fleming, and the City Attorney,
Sam J. Anderson, left ac this point - 9'3
2Z MpLoyZES, HW,?JTA1S7ATI0M:
Councilman 3aich al =o left - 9:31 M.
A generelrted Ai.r :cussi., +Orasw Uidihe the subjec,tof the
meeti«g
MV hospitaliw2ron p.._ y
should be acieduled between the employees, the Coimcilcwn, and
Tepresentatives of C. P. S. and Mutual Of New cork, the data to be
a",anged between the varr.ous parties.
The eeetirg me adjourned a: 10:17 7.M.
A APPAO :
�Ywre Rai w�^ Glick e. Lasaneo
rr y or Tlaw"G -ini
. R
- i-