Exhibit CC 02-05-13 Oral CommunicationsMr. Wong:
I need your help in obtaining answers from PWD Director Timm Borden to the following
questions:
1. On what basis of the Cupertino Municipal Code was I ordered to make a $25K deposit
and relocate the utility pole on my neighbor's property in August 2012?
2. Why was my deposit not refunded in August 2012 after admitting that the pole was
located on my neighbor's property and Mr. Borden did not have authority to move it?
3. Why was my deposit not refunded in August 2012 after admitting that the existing pole
did not create any new safety issues?
4. Why was the owner not required to relocate the pole on neighbor's property and make a
deposit when the house at 10581 San Leandro Ave. was built on a flag lot and the 25 foot street
section was widened with curb and gutter?
5. What is the justification for using "divide and rule" tactics to actively create, provoke and
promote disputes and fights between Cupertino residents.
6. On what basis was my appeal removed from the Council agenda on January 9, 2013.
CC 2/5/13
Subject: Appeal regarding Utility Pole Relocation
To: Honorable Mayor Mahoney and Council Members
My name is Paul Kalra and I am building a house at 10569 San Leandro Avenue. On August 3,
2012 the City instructed me to relocate a utility pole and deposit $25,000 as a condition for
obtaining the building permits. I made the refundable deposit based upon reasonable reliance on
PW Engineer Chad Mosley's false statement that the pole was located on my property.
On August 20, 2012 I informed the City that relocating the pole seven feet inside my neighbor's
property was an illegal and unenforceable condition and I asked Staff to refund my deposit. After
five months in December the PW Director insisted that I relocate the pole because an easement
had been obtained from the neighbor. I filed an appeal which was included in the Council's
meeting agenda for January 15, 2013. The Staff decided unilaterally that the City Council could
not hear the appeal and removed it from the agenda.
The City Council has the authority and responsibility for overseeing the staffs activities and the
staff cannot dictate what the Council can do or hear. It is a disservice to the community for
requirements to be placed on homeowners based on false information. I am requesting City
Council to hear the Appeal on Feb. 19, 2013 and decide the issue on its merits in a fair and
transparent manner for Cupertino residents.
Paul Kalra onlychief(lil,hotmail.com 925-676-2921