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PC 12-13-65 . _ � • �--- .�. 10321 South Saratoga--Sunnyv�.le Road � Cupertino, California, 9501.�+ 25� -��505 PC-I�.21 0, 000 P� --- C I TY OF CU PERTI NO California MINUTES OF THE REGULAR MEETING OF THE PLANNING CCMMISSION December 13 ig65:.: 8 :00 P.M. The meeting was held in the Board Room, Cupertino Elemen�ary School District Office, 10300 Vista Drive, Cupertino I SALUTE TO THE FLAG II ROLL CALL: MiMUtes of Regular AZeeting, 11/22�65 Comm� present: Frolich, Hirshon, Horgan Comm. absent: Traeumer, Johnson Staff present: City Attorney, Sam Anderson Dir, of Public Works, Frank Finney Dir. of Planning, Adde Laurin City Engineer, Bob Shook Assist Planner, Jim Nuzum Recording Secretary, Lois Inwards Corrections to the Minutes: Comm. Fro].ich called attention to the top of page 5, first paragraph. He said the conditions involved here were fo� certain uses of the property. He as��ed the City Attorney's opinion on this. The City Attorney advised it should read: ",..denying the zoning application rather than a.dd- ing conditions that would change the nature of the classi- f ication." The City wrote the Ordinance with the intent that conditions would be added only that would not materially change the zoning classification. Comm. Frolich said that the last para�raph on page 9, the last sentence should read: ". to restrain animals �.s either/or a Clinic or Hospitat Comm. Frolich brought to the attention oi the staff that on page 12, third from the last paragraph, the words: "above the roof." should be added at the E:nd of the sentenc�, 1^he City Attorney advised that on page 11, �th paragraph the sentence should end with the words; "severe an ap- proach," and the remainder of the sentence should be deletec� since he had not stated hi.s preference to 'types of roof, nor is it applicable. . _1_. PC-R21 Minutes of the PlaMning Commission Meeting 12/�3/65 - Moved by Comm. Frolich, seconded by Comm. Horgan, �o approve the Minutes of November 22nd as co rrected. Mot3on carried, 3-0 I V Z�JRI TTEN_ C OMMUATI C ATI ONS � The Director of Plannin� said there were none. V VERBAL COMMUI�TICATIONS Vice-Chairman Hirshon asked if the audience wished to speak on any�hing other than items on the agenda. Nobody respond�d, V.L HEARINGS SCHEDULID: � 19-Z-65 A. DR. LEE T. LACEY: REZONING of 2 acres from R-3-H to C-1--Ii at Sar�,taga-Sunnyvale Road., 170' north oF Bollinger Road� Second Hearing. Vice-Chairman H3rshon recapped the First Hearing, details of which m�.y be found in the Minutes o.f November 22nd. T�Ir, Jackson, attorney for the applica.n'c, assured the Commis- sion that Dr. La.cey is no longer connected in any way with the property. The Planning Department has been given the names of t.lze present property owners. MINUTE ORDER: Moved by Comm. Frolich, seconded by Comm. - Horgan, to amend and correct the name of the applicant on application 19-Z-65 �;o Joseph and Rose Arata, et al. ' AYES: Comm, Frolich, Horgan, Hirshon - NAYS: None �1BSENT: Comm. Traeumer, Johnson Motion carried, 3-0 The Director of Planning stated that he has no ob,jection to the rezoning, This would be a poor p1acE for apartments and commercial zoning would be more desirable. He antici- pates no trouble here. The City Engineer clarified that - thiS property is 800-900' from the Totivn Center. Moved by Comm. Frolic h, seconded by Comm._Horgan, that the Second :Hear3.ng be close.d. � - Mot�.on carried, 3-0 -2- PC�R21 Minutes of the Plan.nin Commission meeting of 12/i3 � ----------------------�--___w��___-__-•--------___�_----�____�__---- Comm, Horgan asked if this would need any buf'fer3.n� against -��- residential� The Director of Planning answered tha.t a wall is requ3red by Ordinance. Moved by Comm. Frolich, seconded by Comm. �Iorgan, that application 19-Z-65 be recorrtmended for approval, sub�ect to the'12 standard conditions, AYES: Comm. Frolich, Horgan, Hirshon NAYS: None ABSENT: Comm. Traeumer, Johnson Mo'cion carried, 3-0 15-TM B . PALO ALTO DEV. CORP� (Franklin-Bahl Developers: TENTATI'V� MAP for 3��.5 acre development east of Foothill Blvd., near Starling Drive. Second Hearing. Vice-Chairman Hirshon xecapped the First Hearing, A footpath exists between lots 86 and 87 for the use of school child�en. The problem is whether the access can be moved in LaCresta to run between lots 96 and 97 � ' on the Tentative Map as proposed. Mr. Franklin, of Franklin-Bahl Developers, said they are trying to inake this a nicer subdivision by making it a smaller yield, A letter from the La Cresta property owners confir�ms tha� they would allow a foot- path in the transmission line easement. A represen�a- tive from �he School Board has also agreed �o locatin� a footpath under the power lines. The Director of �'ublic Works wanted to make the follow- ing comments: 1. The original Tentative Map was not complete, which is why the footpath easement was forgotten. He had requested the eng3n�er make another Tentative Map. Mr. Fr�nklin said his engineer told him these changes were of a minor nature and should not be required at this time, The Director of Public Z�Torl�s said that perhaps there had been a misunderstanding, 2. The School Board did recommend the moving of the footpath into the power line easement. The Cook , and Wilson subdivision map has expired and must be re-submitted.� Th� Director of Public Works recommended that this road be made a condition of their new subdivision map. -3- PC-R21 Minutes of the Planning Commission meeting of 12/13/65 ---------___�_------�------------------------------�_._----_______ Mr, Franklin said they definitely do not want to put a street in there. In no w�ay does it affect their particular property. They agreed to the asphalt path for the school children but do not feel it is fair to be as�ced to put in this street, They have eliminated 15 lots in this new. plan. They are paying $71,000 in fees to Cupertino and the Sanitary Distrlc�. He suggested some of this money be used to put in the street. Comm. Frolich said the original reason for suggesting a street through the transmission line easement was that the Planning Director was against an intersection in Foothill Blvd, too close to Starling Drive. If so, a connection to Alpi`ne Drive is really needed. �he Director of Planning said the �lannin Commission re- commended two rezonings 8-Z-65 and 16-Z-�5) and the previous Tentative Map (�-TM with certain conditions, including a street under the transmission line. The City Council changed and deleted certain conditions, but re- tained the street connection to Alpine Drive. Th� Director of Planning is definitely.of the opinion that that there should be apossibility of a street connection under the transmission line. If the subdivider is re- quired to pay also for.�he portion of street outside or his property, this would.be no departure from legal �rocedures or previous practice. Mr. Burnham, associate of Franklin-Bahl, indicated 'chere will �be a divider strip which would block off Alpine Drive; He also stated that there will be 101 instead of 117 lots in this subdivision and they wi11 be in the �30,000 to $�0,000 class. A street under �he transmission line would not be a very impressive entrance to this subdivision. The Director of Public Works said he and the City En$ineer � have physically checked this location and the street con- nection to Alpine Drive is definite�y possible and will not cause an undue traffic ha.zard. He said we cannot revise the Cook and Wilson Fina1 Map; however, we can use their bond and complete the necessary street improve- ment.s, if necessary. The Director of Planning said the present construction in Foothill Blvd. f�om Starling Drive to Alpi�e Drive is a transition from a four-lane divided expressway to a two-lane rural road. A re-design will be necessary in the future. Mr. Frnaklin said, he has agreed,to pwt in the walkway. He does not feel it is their responsibility to put in the street. _ 1� _ - ��..� ....� PC-R21 �Min��es o-f the ..Plarin.ing ..Commi.s:sion .�I'ee�ix��;,, : :z2/13f65 ------------------------------�__----------------_�____-___________ 'Mr. Franklin said sixbdividers can be requir�ed to put in � off-site street��to� existin� streets. :He �aid there is no �ex3"s'�in�g street "here. He repeated the �Gity should use some of the fee money to put in the street. Comm. Frolich.f�lt t.he Planning Comm3.ssion has been put in the �middle of a pr,oT?lem� that �s not of their own making. The City Council.eliminated cer�Cain conditions; thereby causing the present problem. Mr. Franklin �aid:they are putting up a bond for improve- merits on their prop�rtyr The bond had nothin� to do with the Cook and Wilson property. . . The City Attorney told Vice-Chairman Hirshon that there haue°�be�n many t�mes where a subdivider is required to put � 3.ri off-site construction. A memo should be attached to the Tentative Map, explaining to the City Council why it � 3s or. is: not acceptable to the� Plann3.ng Commission. The Director of Public Wo��s said that, ph�rsically, �here is a graded, legal��s�reet on Alpine and it can be paved �.t � an�r t3.me. � Mr Don Ba.k�l aslced how �many schodl children were involved here�.� Mr. Jim Igeihart, Aasistan� Superintendant for �,usiness for tl�e Cupertino School Distr�:ct.,� stated that � 78 school children are now bussed from this area, on a very circu3tious route, at a cost to the District of $�OOO per year. To make it impossible for these children to walk to school would not be good, The Director of Publie Works said Foothill �Blvd. is not fit for school child�en to walk a�.ong. � � Vice-Chairman `Hirshon asked the width of the. �pt�oposed street. The Directar,.of Fublic Works said that a detailed �.esign has to be made, but that standard widths are not necessary. � . . . :. � Mr..Bah1 asked;how long i�t will be until the Cook and Wilson bond wi11 be called. The Director of�Public [�Torks said Cook and Wi�1SoM are b�eginning work on:their property momentarilyo Mr. Bahl said P.G. & E is r_ot too happy a�bout streets under their �owers, He as�ked:.3.f'he already � has an approved�Tentative M�.p. �He was to�ld that he does � (8-TM Mr . Ba�l then asked if the Commission would prefer 101 lots here or the 117 that are already ap- proved. Vice=Cha.irman�Hir�hon said the Commis�ion must balance traffic safety ag��inst aesthetics,: �Mr. Burnham'felt a school b�#s will be needed anyway because children fr�om�west of Foothill Blvd. will nat be allowed to cross the expressway. -5- PC-R21 Minutes of the Planning Commission P�eeting, 12/13/65 __�-------------------------------------�-----------�____--------- Mr. Franklin asked if $2500 is needed to put in this street; why.can't the school board pay for the street? It will save the school district $�0,000 in ten years. He was told this is illegal. The City Attorney told the Commission they could either approve this Tentative Map and attach desired condi- tions or disapprove it, giving the reasons why, Mrs, Juanita McLaren felt that if �he subdivider has gone �o the time and trouble to�lower the number of lots, at the pre- sent price of land, he should get some consideration. The Director of .Public Works said the idea of sealing a sub- ' divis3an off is contrary to our policy as expressed by neigh- borhood plans. Perhaps �the City Council would agree that the applicant should not bear the full cost of this s�reet, but the.street is needed. Comm. Frolich then reviewed pa.st proceedings on this acreage because he fel� it would help'in ma�cing the decision: 6/1�/65 Plannin� Comm. denied rezoning to R-3-� for 1 acre. tt n �� r► �� granted �� �� R- �� jj acres Conditions: 1--12 Standard 13 Access road to be constructed by developer, to connect w/Foothill Blvd. via Alpine Dr, 1�4 Maximum 111 lots in the R-1 area. 15 Lots along Foo'chill Blvd to have access to _ internal streets, not Foothill Blvd. 7/6/65 City Council denied rezoning to R-3-H for 1 acre. _ n►r �� rt �� approved �� �� �� R-1 �� 33 acres, includin� Condit3.ons. 7/9/65 Plannin; Comm. approved rezoning to R-2-H for 1 acre; 1-12 Standard Conditions 13. No access through the area �o internal streets. 1�l. Lots along Foothill Blvd+ to have access to the internal street, not to Foothill Blvd. 15. Each duplex lot to have 3 enclosed garage spaces. 9/'�/'�5 Ciicy Council approved rezoning to R-2-H for 1 acre, w3th conditionS 1-12 only. � Inserted by Planning Director: 9 27 5 Planning omm. recommended approval of Ten'cative Map; makin� a Finding that the Tentati�re Map does not comply with �the conditions of the Planning Commission's Resolutions No 272 & 289 neither with Ordinance 313. Comm. Frolich said the Commission should have requ�r ed an entrance to Foothil.l Blvd.and left the exact position open. He feels this is a better Tentative AZap than the original. Comm. Horgan asked the applicant if he would agree f;o the original Alpine access.� Nr. Franklin said he got in�o the picture about the �ime the Tentative Map was approved by the Council. He said they do not want a high-priced subdivision to have access past apartment houses. -6- � � �4..,.. ..�.�+ PC-R21 Minutes of the Pianning Commission meetind, 12/13/b5 -----------------------------------------------��--------__�_________ __ _ .The Cit� Attorney asked the Commission whether they want � to require an access under the power lines to Alpine Dr.? Shall there be interior circulation be�w.�en'different zones? There is a street under the potiver line' now in La Cresta. When talk of a postponement arose, Mr. Fr�nklin said he would prefer a decision from the Planning Commission at this meeting. Moved by Comm. Frolich, seconded by Comm. Horgan, that the Public Hearings be closed. Motion car�ied, 3-0� Moved by Comm, Frolich, seconded by Comm. Horgan, that application 15-TM-65 be recommended for approval, sL�b�ect to cor_ditions to be voted upon, in additi�on to� the 12 standard conditions. Condition 13: Moved by Comm. Frolich, seconded by Comm. � Horgan that the developer will be required to construct a pathway.for school children, from the main street parallel to the SW boundary of the tract to Alpine Drive, within the P.G.&E. easement; width and o'cher standards to �he . satisfac�ion.of the City staff. AYES: Comm. Frolich, Horgan, Hirshon NAYS: None ABSENT: Comm. Traeumer, Johnson : Motim carried, 3-0 Condition 1��: That the Tentative Map be corrected to include existin�; street connection fr.om Starling Drive to Foothill Blvd.; moved by �omm. Frolich, s.econded by Comm. Horgan. AY�Si Comm, Frol3.ch, Horgan, Hirshon NAYS: None , ABSENT: Comm. Traeumer, Johnson Motion carried, 3-0 Moved by.Comm. Frolich,�seconded by Comm. Horgan: Condition 15: The develaper will be reqL�ired to construct a vehicular street, from the main street parallel to the SW boundary of the tract to Alpine Dr., within the P.G.ScE, easement; width and other standards to the satisfaction of the City staff. - AYES: Comm. Frolich, Horgan, Hirshon NAYS: None � ABSENT: Comm. Traeumer, Johnson Motion carried, 3�0 _7 _ P�-R21 Minutes oi th� Plannin� Commission meetin�, l2/13/65 ___________..___________________________�--------_-_____..__.____�__ P•7o�ed by Commo Frolich, seconded by Comm. Horgan, to �'approve�Cond�.tion 16: That.the Tentative Map be corrected iri various technical matters, to the satisfaction of the City Staff. AYES:. .Comm.,Froli�h, Horgan, Hirshon NAYS: None � � AB�ENT: .Gomm. Traeumer, Johnso�n � Motion carried, 3-0 VOTE ON ORIGINAL MOTION: AYES: Comm, Frolich, Horgan, Hirshon � NAYS: None ABSENT: Comm, Traeumer, Johnson . Mo�ion carried, 3-0 � Comm. Frolich: sa.id �he, had s.e�parated 13 and 15 inta ttiao motions be�ause hi's feelings w�ei^e mixed about 'ch� latter. 81,00�� C. CITY COUNCIL: � ORDINIINCE 32�, providing re�ulations for Home Oc�c�tpations.. Second Iiearing continued. Vice-Cha3rman Hirshon recapped previous. hearin�S. The PlanningDire�tor. provided the Commissioners with copies of similar Ordinances from neighboring cities. He said the draft for �;his Ordinance is comprised.of substance and�or ' phrasin�; fro�n the Cou�ty Ordinance (which now applies to Cupert�.no ), some from other cities, a� suk�stantial part f Wilsey, Ha.m & Blair's proposal, with some addit.ions and some changes by the Planning Direc'cor. The Plannin� Director suggested addition of a Section with definitionso He asked if, the s,ection regardin� "excluded occupations" should be eliminated en�irely? Comm. Frolich was in favor of not�quotin� specific exclusions. The City Attorney said the.C,ounty NS 1200 calls out what is �3.ncluc�ed and tahat is excludea. .If` �.�hey. are not listed, it �� is almost impossible to en�orce the prohib'ition of th�m, Comm� � Frolich sugge���ed c�on.tinuing �t11e Hearing to give everybody a chance to di�est it further�and read other cities� Ordinances. � Vice-Chairman Hirshon asked if anybody in �he.audience wished to speak on this item .. � ,. . � . -8-.. PC-R21 Minutes of the Planning Commission meeting, 1�/13/65'�� . Mrs. l�7cLa.ren asked specifically abou.t real estate offices in Y the home, The Director of•Plannin� said it depends u�on the type of business setup. If the business deals'.in acreages, then it woulcl be acceptable; if it meant selling of individual homes�and involved.frequent visitors, parking, signs, '�tc., it would not be accept.able. Moved by�Comm, Frolich, seconded by Comm, Horgan, �o , continue the Second Hearing on Ordinance`321. � ' Motion carried, 3-0 81, 00� D, ,;CI'I'Y COUNCIL r ORDINANCE 002 (b-1) , amending Ordinance . No. 002(b), by regulating location of Veterinarian � Offices, Clinics, and Hospitals. First Hearingo Vice-Cha:irman Hirshon�. re�apped previous discu.ss�.on on this . Ordinance The Planning Director noted that the difference between the two presented alternatives was in the CG zon� (C-1-H): should a Vet. Clinic be allowed by Use Permi� ar not at all? Comm.Frolich asked D�. Brown how one can distinguish a , hospital from a clinic. Dr. Brown said that,�according to the American Animal Hospital l�ssociation, if there is a . cage it is a hospital. . � Vice-Chairman Hirshon sa3d he felt the diff'iculty with noise, obnoxious odors, etc., exists during bu.�iness hours, � not only at night. The City Attorney said the "office" definit3.on wouia allow a travelling doctor, but no visiting pa�ien�s. Dr. Brown said this ar�angement is quite common in the Midwest. � Comm. Frol3ch comment�d on the State ruling as to service stations, The Ci'ty.Attor�ey .said this stemmed f'rom the time ,� when farmers would install their own underground gas tank and pump, Vice-Chairman H3rshon �asked for commer.ts from the auclience, There were none.� ,� : Moved b,y Comm. Frolich, seconded.by Comm, Hor�;an, to close the Flrst Hearir�g. - AYES: Comm. Frolich, Horg�n, Hirshon NAYS: None ABSENT: Comm Traeumer, Johnson Motion carried, 3-0 Vice�Chairman Hirshon called for a 10-minute breal{ at 10:10. -9- PC-R21 Minutes of the Plannin� Commission Meeting 12/13/65 81,00 E. CITY PLANNER: ORDINANCE 220(g), regulating heights of , bui�dings and cons�ructions. Second Hearing, continued� Vice-Chairman Hirshon stated that "retractable towers" was left open a� the last meeting. The Director of Public Works said he had no further comments. The Assistant Planner said the intent was �hat 60' would be the height, but if a person applied for additional height, the fact that it was retractable type could be the determin� ing factor, The Director of Publ.ic Works said,the intent is to encourage the hams to stick to 60' or less. With a crank-up type, he may be allowed 'co go above tha�c with a Use Permit. Mr. Rob Robinson, Linda Vista Drive, said brochures �i,hat he , had piclled up indicated tlzat 60' � was the maximum hei�ht for straight antennas. The hams are as�cing for the limit and ar� getting it. The Assistant Planner said that aerials up to 105' are available, according to various catalo�s. Mr. Robinson then said there is no distinction be'cween commercial or private. The Director of Public tiJorks then asked the Commiss3on whether they Felt the Ordinance could be retro- active. The Vice-Chairman did not f�el that it could. If we wou3.d allow additional footage above the limit, it should be retractable, to make it less ob�ectionable, Mr. Ray Crump Monrovia Street aslced, regarding Section 68.6, what a,bout fu�ure developments? [�That about underground util3.ties when it is not required by Ordinance? The Assistant Planner said it would have to be enforced by deed restrictions, Mr, Melvin Peterson, Elmsford Drive, San Jose, asked if i;his would include TV antennas. The Director of Public Works said a subdivider can request an Orclinance to this effect Charaotte Evans, 110g6 Linda Vista, said she does not feel it v��ould be compatible with the residential area to have these high towers in the yards She feels other people's property rights should be pro�ected. The Vice-Chairman said the Commission is attempting to r�ach some sort of compromise here, Mr, Bob Lamme rs, of Deodara Drive, said that about a year ago he took out a Use Permit for his 52' triangular �ower. There was some hostility in the neighborhood at first, but now tha.t it is 3nstalled, people don't seem to minc� it. His is a little clo.ser �o the front yard than most; too. . -10- . • . �ti,..r �.r PC-R21 Minutes of the Planning Commission Meeting, 12/13/65 When �,sked, the D�_rector of Pub�.ic Works said no other \ �- .. cities � Or.dinances have been referred ta- i.n preparing this Ordinance because most other cities don't have an Ordinsnce of this type. Comm. Frolich asked Mr. Lammers if he has an array at the top. Mr. La.mmers sai�. he did no�. Comm. Frolich speculated that it would be different in the hills �han down on the flat land. In the�hil�.s, somebody's picture window might look directly onto some neighbor's : tower with an array on top. � The Director of Public Works said the array at the top is a bone oi' con'cention. Color TV's are using larger and more offensive arrays than h�,ms. � Comm, Horgan aslced if a retractable one is practical, Mr. La.mmers said the cost�is prohibitive. � Mr. Ray.Mcti�lard, Bonny Dr3ve, said a re�ractable tower cou].d be rather unsafe on a windy day. Mr. Robinson said he feels that it s hould not be necessary to go over 60', The Director of Public Works read the price schedule of the various heights, for retractable and non-retractable. Vice-Chairman Hirshon suggested that no reference be made to retractability in the Ordinance. Anything over 60' should be suk�ject to a Use Permit. Comm. Fralich suggested the Public Hearings be closed and then postponed for the full Commission to rule upon it � �omm. Horgan asked.if 60' is a good height? Mr. McWard said it is a compromise. The primary reason for going to 60T is to avoid interference with TV sets, etc., in 'che area, Moved by Comm. Frolich, seconaed by Comm. Horgan, to continue Ordinance 220(g) to the next meeting, Jan. lOth � Unanimously approved. VII UNFINISHED BUSINESS Comm. Frolich aslced when the Commission would receive their final version of the Page Properties Resolution. The Planning Dir�ctor said it will be mailed out Wednesday, a�.zd said it would be desirable if the Commissioners could atf;e:�d the next Council meeting Monday night. � -11- _ PC�R21 Minvtes of the Planning Commission �Zeeting, 12%13/65 Moved by.C�mm,Frolich, seconded by Comm,p Horgan, that the Planning meeting of December 27th be cancelled. � Motion carried, . ,3-0 VIII NEW BUSINESS , 81,00?� CITY.C.OUNCIL: URGENCY ORDINA�TCE �20(h), Adopting Regulations for Residential Zones., First Hearin�, �On the City Council's Agenda, Dec. 20, 1965)" The Commission �evietia�d the Ordinance 220(.h), page by page. Pages 1 and 2= OK � Pages 3 and �� Reserved for DefiniL (The Planning Dir. stated .that� copies o:E' a draf� will be sent to the Commissioners so �hey can review them � individually before Dece.mber 20th.) Page 5= Sec�ion 6; �change the word "DEFI1vITION" to "DELINEATi�N," Page6�OK Page 7= Section 9.3 b, de].ete the following: "indicated by a Lo'c Area Index less than 7.5." Pages � through l� = OK , Page 15., = S�ction 11.7 b, = Comm. Frolich fee�s this should - , be left out. It was decided both "b" and "c" would �be eliminated. Section 11..8 b. = Add "except that such accessory buildings.in the rear yard shall not be sub,ject to side yard setback requiremen�s.' Eliminate re#'erence to Sec�ion 9.8 b. and c.; spell ` out the complete_wording of those paragraphs. Page� 16 through 21 = OK Moved by CommA Frolich, seconded by Comm.�Horgan, that � Ordinance 220(h), as amend�d on December,l3th, be recommended for approval by the City Cbuncil. AY�S : ` Comm,. :Frolich, Horgan, Hirshon NAYS: None ' ABSENTs Comm Traeumer, Johnson Motion carried, 3-0 IX ADJOURNMENT ` It was unan3.mously agreed to ad�ourn at 11:50 P.M. " �1 PPROVED : � , �TTE�S � : . _ � . � /s/ Jack Hirshon Vice=CTiairman ���� �" Director -12-