CC 04-17-61
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P. 0, Box 597
AL 2-4505
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C I T Y 0 F CUP E R TIN 0
CUPERTINO, CALIFORNIA
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - APRIL 17, 1961.
Place:
'Tune :
10321 So. Saratoga=Sunnyvale Road
B:oo P.M.
SALUTE TO THE FLAG
I
II ROLL CALL:
Counc~lm~n Pre~~nt:
Councilm~n Abs~nt;
Staff Pres~nt:
Pelosi, ßenett~, Jew~tt, La~aneo, Saich
Nona
City Manager, City Engineer, City Clerk (10:15)
III
MINUTES OF TIß PREVIOUS MEETING;
April 3 minutes: page 7, fourth
nay, and La~aneo to aye.
April 3, 5, 10, 1961
paragraph - change vote of Benett~ to
Moved by Councilman Benett¡ that the minutes of Aprll 3 be approved
as corrected; Seconded by Councilman Lazaneo,
AYES: Councllm~n: Ben~ttl, J~w~tt, Lazan~o, Saich, P~losi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
April 5 m¡nutes: page 2, next to last paragraph on page - roll call
vote taken on motion and second, all Councllmen in favor and none
against, motlon carrYlng 5-0.
Moved by C~uncilman
corrected; Seconded
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benettl that the April 5 minutes b~ approv~d as
by Councllman Saich.
B~nettl, J~wett, Lazan~o, Salch, Pelosi
None
None
5-0
The m¡nutes of April 10 to be approved at the next regular meetlng.
IV PUBLIC HEARINGS:
1. ~e~onlng hearing: Appllcatlon of Joseph F. Brown to rezone 8,5
aCres to M-l-H & R-3-H from R-3-H & R-l:B-2; west side of Highway 9,
1819 ft. north of Stevens Creelc Blvd. Recommend~d by Planning Com-
mlSSlon Resolution 47.
Joseph F. Brown, 10365 No. Hlghway 9, explained that hlS appllcatlon
i5 to rezon~ subj~ct prop~rty according to the pr~sent us~, WhlCh lS
an animal hospital, The ldea of puttlng C-2-H wlth a use p~rmit was
suggested, but Dr, Brown felt he would have the same thing as he has
now, wlth no more protection than now,
Councilman La~aneo said h~ lS oppos~d to us~ permits except in the
case of service stations, He does not beli~v~ in putting thlS proper-
ty into M-l-H as it would not flt into the ~oning pattern in that ar~a.
Should the bUllding burn down, the property, being ~oned M-l-H, would
be left open to anything that would then come lnto the property,
Dr, Brown assuredCounc:U~ ;La:¡;,!-neo,.a1o~w~tn the. rest of the C9un.,
c11, that in such a case he wouldderinite¡y rebuild hia hospital.
Councllman Benetti also was apposed to M-l-H zoning in that particula
area; however, he felt that giving Dr, Brown his requested rezoning
would allOw the doctor to conform with present use.
Mayor Pelosi said the appllcant has no protection, should his building
burn down, as the zonlng now stands. He suggested postponing this
applicatlon for 2 weeks to study types of ~oning in order to determlne
the zonlng necessary In thlS particular case which will give the appll-
cant hlS protection in buslness and allow the Clty to protect itself
as far as zoning is concerned.
Dr. Brown, jn answer to a qUestlon, said he is not opposed to C-2-H as
long as a use permit is not included and he has full protection for
his business,
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Moved by Counc~lman Lazaneo that theCity Manager lnform the Plannlng
Commisslon to try to incorporate a type of zoning for anlmal hospitals
in thelr C-2··H zoning study sessions; Seconded by Councllman Jewett,
AYES: Councllmen: BenettJ, Jewett, Lazaneo, Salch, Pelosi
NAYS: Councilmen:· None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
The Mayor asked if there were any protests. Tœre were none.
MOved by Councilman Saich that the publiC hearlng on this appll~atlon
be tabled to a future date with applicant to be notlfled of date of
appearance on agenda; Seconded by Councilman Benetti,
AYES: Councllmen: Benettl, Jewett, Lazaneo, Salch, PelOSl
NAYS: Councilmen: None
ABSENT: CounCllmen: None
MOTION CARRIED; 5-0
2, Rezoning hearing: AppHcat;:í.oll or Ripley Homes to rezone 70 10trJ
from R-I:B-2 to R-l; parcelB 1, 2, & 3 between Forest, Blaney and
Vista, Recommended 0Y Planning Commlssion Resolution 46 - tentatlve
map also approved by Plannlng Commission.
Mr. Fleming, City Engineer, posted the map on subject property and
said that the map does not conform exactly with neighborhood plans,
but does conform basìcally.
Councilman Benetti observed that this area was proposed as a park ~ète
by the Recreation Commission, The Mayor agreed that for the last 1-;
years park sites have been sacrificed far the sake of subdivisions lil
this City.
Carl Tucci spoke from the floor in favor of having a park site at this
partlcular location, across from Collins Sùhool as proposed,
Neighborhood Plan #7 could not be located; however, on recommendation
of City Englneer that applicant's map conforms with the Neighborhood
Plan, Councllmen Lazaneo and Saich said they are willing to take the
City Engineer's word for It that what he says about the map is so.
Councilman Lazaneo stated that the maln point of interest now should
be the rezoning and storm dralnage facilities, not the street pattern,
The Mayor asked if there were any protests. There were none except
for Mr, Tucci's protest prior to this question,
Councilman Lazaneo felt since the Clty is not in a posltion to go out
and buy land for park sites it is not falr to the applicant to hold
him up, Councllman Benettl agreed and felt that something should be
done soon about parks for the City,
After some discussion it was declded to hear the City Engineer's reporc
on storm dralnage in this area as it is pertlnent to this application
and any decision thereto.
The City Engineer read and explalned his report on said storm drain-
age (see City Engineer's Report of 4/17/61). .
Moved by Counci lman
be closed; Seconded
AYES: Councllmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Saich that the rezoning hearing on Ripley
by Councilman Benetti.
Benetti, Jewett, Lazaneo, Salch, Pelosi
None
None
5-0
Homes
Moved by Councilman Saich that the City Attorney prepare an ordinance
rezoning the prop0rty of fupley Homes; Seconded by Councilman Lazaneo.
AYES: Councilmen: BenettJ., Je\lett, Lazaneo, Saich, Pelosi
NAYS: Councìlmen: None
ABSENT: Councllmen: None
MOTION CARRIED: 5-0
Moved by Councllman Lazaneo that the recommendation Df the City Engin-
eer as per his report" wi tll the revlsioD that the storm drain line on
Forest to go only as far as the first intersectlng street, be accepted
Seconded ìJyCouncilman Jewett,
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AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Counc11men:
MOTION CARRIED:
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Benetti, Jewett, Lazaneo, Sa::.ch, PelOSl
l-rone
None
5-0
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3, Rezon:mg hearlng: Appllcatlon of Bonar & Flsher to rezone 1.4
acres from M-l-H to C-I-H; southeast corner, Homestead and Grant. Use
permit to allow gas statJ~on also requested, Recommended by Plannlng
pommission Resolution 48.
The Mayor aslced if there were any wrl tten or oral protests, There
were none,
John H, Fisher said the gas station may not be Tidewater Oll Company
as orlc;lnally thought, although Tidewater dld asslst ln preparing the
plans.
Councllmen Lazaneo baclced the Plannlng Commission on their recommenda-
tlon of thls application, Councilman Jewett agreed,
Moved by Councilman
anded by Councllman
AYES: Councilmen:
NAYS: Councilmen:
ABSÉNT: Councilmen:
MOTION CARRIED:
Jewett that the rezoning hearlng be closed; Sec-
Saich.
Benettl, Jewett, Lazaneo, Salch, Pelosi
None
None
5-0
Moved by Councilman Benettl that the City Attorney be instructed to
prepare an ordinance rezonlng the property of Bonar & ]!'isher from
M-I-H to C-l-H {#20zL wJ.th the portion of the appllcation requestlng
a use permit deleted; Seconded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Sai~h, Pelosl
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
V ORDINANCES AND RESOLUTIONS FOR ADOPTION
A. Ordinance 174: Rezonlng property of Ripley Homes, 10 acres, from
R-l:B-2 to R-l, east side Bl",ney Avenue, south side Bi'.ywood SubdJ.viSJ.v:
Second reading.
Councilman Saich moved that full reading of Ordlnance 1"(4 be wai \'ed,
reading confined to title only; Seconded by Co~ncllmE'.n Jewet,t,
AYES: Councilmen: Benett:t, Jel,¡ett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: Nor;e
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
Ordinance 174 read by tJ.tle only,
~oved by Councilman
Councllman Benetti.
AYES: Councllmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett that Ordinance 174 be adopted; Seconded by
Benett:L, Jewett, Lazaneo, Saich, Pelosi
None
None
5-0
B. Ordlnance 175: ProhìbJ.tlng the sale of fireVlorlcs wltlÜn the City
Ilmits and providing penalties for the ,,:iolatìon thereof. First read~
ing.
Upon reading of the Ordinance Councll decid~d sald Ordinance had no~
been prepared accordli'g to j~ ts lnstr1.lctions. .
~loved by Councilman B~nettl that th3 Ordinance íJe tabled until the
City Attorney can revJ.se It 2~ccordlng to Council wishes; Seconded by
Councllman Jewett.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
~10TION CARRIED:
Benettl,
Nonè
None
5-0
Jewett, Lazaneo, Salch, Pelosi
C. Resolution 437: Glving notice of the proposed annexation of cer-
taln unin;',ablted territory, descrlbing said terr1. tory and designatlng
it by the name "Stevens Creek - 10",
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Resolution 1137 read,
Moved by Counciln~n Sa1eh that Re501ution 437 be adopted; Seconded
by Councilman Lazaneo.
AYES: Councilmen: Benet'Gl, JeNett, Lazaneo, Salch
NAYS: Councilmen: None
ABSENT: Councilmen: None
ABSTAIN:COlli1ci1men: Pelosi
MOTION CARRIED: 4-0
D. Resolution 442: Resolutlon of the City Council establishing flre-
works pernll ts,
Councilman Benetti moved that Resolution 442 be tabled along with
Ordinance 175; Seconded by Councilman Jewett.
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosl
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
VI PAYING BILLS
A, Resolutlons 440 and 441,
Moved by Councilman Benetti that Resolution 440 be adopted; Seconded
by COUhCilman Lazaneo.
AYES: Councilmen: Eenetti, Jewett, Lazaneo, Salch, Pelosi
NAYS: Councilmen: None
ABSENT: COlli1cllmen: None
MOTION CARRIED: 5-0
Moved by Councilman Benettl
by Councilman Saich,
AYES: Councilmen:
NAYS: Councilmen:
AESENT: Councilmen:
MOTION CARRIED:
that Resolutlon 441 be adopted; Seconded
Benetti,
None
None
5-0
Jewett, Lazaneo, Saich, Pelosi
VII PROTESTS AND WRITTEN Cm1MUNICATIONS
1. Fremont Union High School District: Letter relatlve to future
high school on HOffiestead Road,
2. City of San Jose: Letter aclmowledging receipt of agreement be-
tween Cupertino and San Jose re storm drainage in McClellan Road and
Regnart Creelc area.
3. Idlewild Homeowners Association, Inc.; Letter of protest :>:>e Ord.,
inance 137 never being carr:1.ed out, and unlŒmpt area behind MayfFlÍJ.'
Market on Richwood Drive re responslble parties for care of said area,
Moved by Councilman Lazaneo that the City Manager be instructed 00
ta!ce care of these signs and the area belnnd masonry wall on Rich-
wood Drive; Seconded by Councilman Benettl.
AYES; Councilmen: Benetti, Jewett, Lazaneo, Saich, Pelosi
NhYS: Councilmen: None
ABSENT: Councllmen: None
MOTION CARRIED: 5-0
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4, Santa Clara Valley Electacal &: Mechanical Engineers Assoc,: nes
olution adopting uniform codes.
5, Santa Clara County Assoc, For Mental Health: Letter requesting
support of financial ald drlve Tuesday evening, May 2.
6, Walter M, Fitch: Letter of resignation from the Planning Com-
mission,
Moved by Councilman Benettl that the communicatlons be received and
filed; Seconded by Councilman Lazaneo,
AYES: Councilmen: Benetti, Jewett, Lazaneo, Saiûh, Pelosi
NAYS: Councllmen: None
ABSENT: Councilmen: None
MOTION CARBED: 5-0
VIII REPORT OF OFFICERS AND CO~1ISSIONERS
A, Report of Road Commissio~er
A.B. 2048 - bill for expreSS\'lay program - does not effect City,
Councilman Saich proposed that the City support A.B. 2048,
B. Report of Police and Fire Chief (City Manager)
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There were 3 fire calls.
The trafflc report for the month of March was read.
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In answer to a questlòn a,Jout tl1e footbridge, Mr. Storm said tl1ere
was nothing further to report.
C. Report of Recreatlon Co~nissloner
The Cupertino High SCllool lS now available 2 nlG11tS per weelc.
Councilman Benet'Cl stated that the Recreatloi1 COmnusslon should
meet \'lith the Council 'co CLlSCUSS the Recreatlon Report, and urged
a meetlng date to be set to start the program.
Councllm8.n Lazaneo agreed tl1at a ClVlC center lS needed,
The Recreation Report lS scheduled for the agenda of Aprll 25, at
'7:30 P,M.
D. Report of City Treasurer
NotlÜng further to repoi't - dJ_scussj_on to be held next meeting.
E. Report OL' PubllC Health and Safety Commlssloner
No report.
F, Report 0,' City ~¡anagei'
1. Letter from the Divislon of Highways on signalization of Home-
stead and Highway 9 ai1d expenditures thereto,
2. C¡. ty Manager would 1il(8 to have via ter Commi s sion make applì-
cation for any surplus water,
Council authorized City Manager to make said application.
3. Jack Lyddon has submitted property dedicatior" northwest cor--
ner Vista and Stevens Creek Blvd. The Council will act en this
when the City Attorney is present.
G. Report of Clty Attorney
Absent
H, Report of Planning Comnission
See Minutes of Aprll 10 and agenda of Aprll 17, 1961,
I. Report of City Engineer
A meeting of the City Coul1cj_l is scheduled for April 26, 8:00 P.1VJ.
regi1:rdinç; the neighborhooì) plans and storm drainage. See Repol't
of Q17/b1.
City Engineer suggested that all neighborhood plans be submitted
to the School District for its consideration and approval.
LK UNFINISHED BUSINESS
1\, Yamao!ca: Review of service station, Portal Avenue,
George Yamaoka's architect, Fred Marburg, and a rep!eSentative
from Standard Oil Co. 11ere pre8ent,
At the meeting of April 10 the applicant was advised to pres~nt a
brochure picture of the station as pres~nted last August. The
applicant apparently mj_sunderstood as no additional pictures wel'e
submitted; however, the file on yamaoka's use permit contained gas
station slcetches wlÜch the Council voted to a!)prove September 19,
1960, The applicant now wlshes to change the construction of the
gas station,
Councilma:1. Benetti questioned the ',ce of shal<e roofs on gas stat:ìo'
or otner building8 in cert2.in areas.
The Mayor Só-id thzt the COL.:ncil sl10uld dlsregal'd fire insur8D,ce
factor, Nhich l1ad been brought into the dis'~1-'ssion, and consider
onJ_y present and pre'lio:1S app",ovals.
Councilman Benetti thought the sVltion approved Oll 9/19/60 would
not fl t in with tlle approved shopping c<".'1ter, GO'JnC'llman Lazaneo
pref'ered the new design to the one formerly ap!lroved.
Moved by Councilman Jewett that the Council accept the neIV plan
wj_th pl-anter box and p:Lantings as approved by the H Control Com-
mittee:; Seconded by Councilman Lazaneo,
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Mayor st.at,ed that at the tJ.me of the September meet~nß the use
perm~t was based on the fact that the rest of the center may not
con;:'orm,
Roll call vote on the prevlous motlon:
AYES: Counc~lmen: Benettl, Jewett, Lazaneo, Sa~ch
NAYS: Councllmen: Pelosi
ABSENT: Councilmen: NODe
MOTION CARRIED: 4-1
B. Revlew of Ordinance lOA.
Postponed
C,
Wacer Comnu ttee (We< tel' Conservatlon Distrlct)
The Mayor announced thatche new Water Committee will meet Tuesday:
Apr~118, at. 3: 30 P.M, at the County Adl!Unlstrat~on Bldg., 20 W,
Rosa Street,. San Jose, .
D. Miscellaneous
None
Move(~ ;:. Coul1cilman LazaneoCllé.C the Backman letter be referred to
the Clt~ :,ccorney; Seconc:leCl u, Cowlcllman Jewect,
AYES: Councllmen: Benetti, Jewett, Lazaneo, Salch, Pelosl
NAYS: Councllmen: None
ABSENT: Councllmen: None
MOTION CARRIED: 5-0
i
With reference to item VIII H 8, Ca.minQ Del Hymes vari.ance applicatosi
at 10534 N. Blaney Avenue, C01.IDc:Uman Saleh asked about the grade on
the property, Mr, F1euang stated that the site lmprovemant plans
and englneerlng approval estab1lsh the grade,
X ARCHITECTURAL & SITE CONTROL COMMITTEE
1, Thomas B. Bendik, Stevens Creek Blvd. & Calabazas Creek,
Councilman Benetti moved that the H Control appl~ation #13 be
accepted as a resolution by the H Control Commlttee; Seconded
by Councilman Saich,
AYES: Councilmen: Benettl, Jewett, Lazaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Counc~lmen: None
MOTION CARRIED: 5-0
2. Colv2n J. Fontenot, lot 9, Tract 1946,
Councilman Saich moved H Control applXation #14 be accepted as
a resolution by the H Control COffiffi2tteej Seconded by Councilman
Benetti,
AYES: Counc¡lmen: Benettl, Jewett, Lazaneo, Saich, Pelosi
NAYS:. COuncilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
3. R. Cali, Stevens Creelc Blvd., existing mill buildings.
Deleted from the agenda.
4. L, J, Grce, 10808 Mt. View-Stevens Creek Road,
Moved by Councilman Salch that H Control application #8 be acceptt
as a resolution by the H Control Committee; Seconded by Councilman
Jevlett.
AYES: Councilmen: Benetti, Jewett, L?zaneo, Saich, Pelosi
NAYS: Councilmen: None
ABSENT: Councilmen: None
MOTION CARRIED: 5-0
5. Northwestern Enterprises, Inc., lots 8 - 11, & 20, Tract 1181.
Councilman Jewett moved that application #9 of the H Control be
accepted as a resolutlon by the H Control Committee; Seconded by
Councilman Benettl.
AYES: Councllmen: Benettl, Jewett, Lazaneo, S,nch, Pelosi
NAYS: Councilmen: None
ABSENT: Councllmen: None
MOTION CARRIED: 5-0
XI NEW BUSINESS
A. Miscellaneous
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City !VIanageÌ' referred to a letlEr of April 14 from Dr, Nethery, =
Cupertino School D:cstricOc, The School District. is asleing fo~" a
pedesi;rian easement õetween lots 25 and 26 of LYilton Place to
Eaton School. 'I'hey refer to a foc"mer lette;:> requesting accessa-·
bllity llT future subdlVlSion plans to the Eato!, School
The Mayor advised the' City Manager to notify the School Distn.c';
that Tract 2]1+1 is a recorded map.
Moved by Coun~ilman Benettl that the letter be received and fllec1;
SeConded üy Councllman Lazane'o,
AYES: Councllmen: Eenectje, Jewett, Lazaneo, Sa,j,ch, Pelosi
NAYS: Councllmen: None
ABSENT: Councilmen: None
MOTION OARRIED: 5~O
B. C:JUncJ.lman BenE::tti stated that he received a call regardinG the
rezonlng of Statewide property of 9 or 10 fe, to C-l-H. R¡~y BelJ.
aslced the C1 ty Manager to review the record to see what transpi ,'p,',.
Counèllmàh Benetti áated he saw nothing ;,¡rong ;nth the appllc'"..,CO;'
as presented-. :rvIay~r PeJos:L saiè. ile i~ no~:; .tL fav".:n"', as th'3 D.:_Y~':~J.
cant ,!as treatecl justlY. Councilm,'J.j1 Lazaneo felt tha-c if the ='1""
licant 1'Iants a reheariLg he E.hcn,Üd su"bmit the request in the fon:'.
of a letter,
X:'::C OYcAL Cm'ID1DNICATIONS
Carl Tucci, T.R.A,C,E,S., said that ti1è CornrnittC:8 ;Üthdraws its ,'~.
quest fer financial aid.
Louis Segal, I,G.H.O.A., objected to the large industrial of'i'lce and
apartm'3nt distrlct which 1$ presently facing his st;.bdivls10n Ül the
form of the Leonard-testèr-C"8.ft applications; also g-3"H applicatioJ;
on the west side of Portal. :'1e cautio~,,?d tILe Ci cy Cour;cil lerôt Cup--
ertino, and Stevers Creek Blvd, in particular, (¡ùve1op<; 1i%e £1 Cam1rlo
through Santa Clara.
He contlnued 2.t SOffie léè(¡gch c()nGerni~;g th" OPT":HJing view pO:.nts appa¡.'
ently bell1g taken by tb'2 Planning C,-,mi11Ìssich and Cit:' Cou'wil. ¡¡(è" "e,
ferred again to th3 need for a J:llstd!' or gc,,¡èn,l pl&n.
At the conclUsitm of Mr. Seg'3.1' ¡-. :3tatement CO".l..'1cilrnan Jewett n.::Jv¿;d
for adjot;.rnment; Secunded by Councilman Lo.zal1e<:-.
Previous motiön and 2,çCO¡1~ rp.s'~i~-:.C:.ar:L
Moved by Councj.lman
7:00 P,M,; Seconded
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councllmen:
¡'¡O'L'ION CARRIED:
Jel,'Je-ct that t:ile m-ðeting be
bJ CollncilmRn Benettl.
Benetti,~ Jevlet.tj Lazaneo)
None
None
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adj curned to f'<~J~i 1
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Sa1ch, Pelosi
Meetlnf; adjourned a.t 12:Ll5 A,f1., A,Jril 18, 1961.
APPWT.,TED:
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