CC 09-18-61
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10321 SO, SARATOGA-SUNNYVALE ROAD
At 2-4505
C I T Y 0 Feu PER TIN 0
CUPERTINO, CALIFORNIA
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - September 18, 1961.
PLA CE :
TIME:
10321 So, Saratoga-Sunnyvale Road
8:00 P.M,
I SA LUTE TO THE FLA G
II ROLL CALL: Councilmen Present: Benetti, Jewett, Pelosi, Saich
and lazaneo
Councilmen Absent: None
Starr Present: City Manager, City Attorney, City
Engineer and Dep, City Clerk
III MINUTES OF THE PREVIOUS MEETINGS: August 21, 22, 29 and 31, 1961
and September 5, 8 and 12, 1961,
Moved by Councilman Saich that the roregoing minutes be
approved as submitted, Seconded by Councilman Jewett,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
IV PUBLIC HEARINGS:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
A. JOSEPH F, BROWN: Application No. 22-2-61, to rezone 8t acres
on the west side of Highway 9, 1819' north of Stevens Creek Blvd.,
from R-3-H and R-l:B-2 to M-l-H & R-3-H. Recommended by Planning
Commission Resolution 6L,. Council requested discussion September
18th. Second Hearing closed.
Councilman Benetti restated his position that this zoning is
out of place on Highway 9, He stated it was felt by the Council
that commercial zoning be recommended and the matter was referred
to the Planning Commission for their study. The Council is now
faced again with the same recommendation and his mind has not been
changed, I think the zoning is still out or place,
Mayor lazaneo stated that after deliberation the Planning
Commission came up with M-l zoning. The Planning Commissioners
had put in a lot of study on the subject, The Planning Commission
is very competent. I go along with the recommendation in Resolu-
tion 64.
Councilman Jewett:
Planning Commission ror
session,
The matter was not referred back to the
C-2-H zoning, it was returned ror a study
Moved by Councilman Jewett that the City Attorney be instructed
to draw up an ordinance granting M-l-H and R-3-H zoning as
recommended by Planning Commission Resolution 64. Seconded by
Councilman Saich.
Councilman Saich aslced the applicant if he would be willing to
dedicate for the widening of Highway 9 immediately. Dr. Brown
answered in the affirmative.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Jewett, Saich and Lazaneo
Benetti and Pelosi
None
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B. FRAffi( MARAL: Application No. 36-2-61, to rezone 175' x 108'
from C-l-H to M-l-Hj south side of Stevens Creek Blvd., 611' west
of Blaney, (Denial recommended by Planning Commission Resolution
67,) Appeal.
Jane Brooks represented the applicant. She explained that the
application would allow the sale of the subject property for use as
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a plumbing business for storage only, She stated a fence would be ~
constructed aroung the area. The property is presently zoned I'JI:
C-l-H, and M-l-H is necessary for the proposed use, The Planning
Commission recommended the rear portion be rezoned, leaving a C-l
buffer, The M-l-H area would be used for storage of trucks; there
would be no retail sales,
Mayor Lazaneo stated that much of the surrounding area is
zoned M-l-H, which was inherited from the County, and the Planning
Consultant should have some thoughts on the subject. He asked the
City Attorney for an opinion as to whether Or not a use permit
might be issued.
The City Attorney advised that under the ordinance, a use per-
mit was not possible for this type of business. M-I-H would be
necessary for the business the man wishes to conduct,
Councilman Saich asked about access to the rear portion of the
property, and was advised that the entire parcel would be one owner-
sh~p and a private road would take care of the matter. The rear
portion of the property is not to be sold, but retained for use in
connection with the plumbing business.
With the consent of the applicant, Counc~lman Pelosi moved
that the matter be tabled for a period of two weelcs in ord'>r that
the Council may hold a study session, Seconded by Councilman
Jewett,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
Hearing continued to October 2, 1961,
C, JACK DYMOND, JR,: Appllcation No. 2l-Z-61 to rezone 9.5
acres from A-2:B-2 to R-2; west side of Mountain View-Stevens Creek
Road; south side of Monta Vista School, north of Alcalde, (Denial
recommended by Planning Commission Resolution 68). Appeal
Gene Mastin represented the applicant. He posted the map of
the property and stated there had been no protests at the Planning
Commission hearings, and that the Commission had not opposed the
application, but did not wish to act without two things being
settled. He named these as sewering and the fUrnishing of water.
He had asked the Sanita~J District about sewering and had asked
the City Manager for the City's position regarding water, The
City Manager had informed him there would be no problem with water.
They are asking for R-2 because they do not feel the area is suit-
able for high class single family development. He presented four
photographs of the area, pointing out what he described as an old
subdivision which was built haphazardly with unpaved streets, a. low
cost housing development. He stated the development along MO\lntain
View-Stevens Creek Road is rather spotty; and expressed doubt that
there could be residences along the area, He pointed out the PG&E
substations, railroad tracks, tavern and grocery store, Permamente
cement plant, and Caroline Gardens, whic h he described as a run-
down subdivision. He called attention to the rental cottages, truck
yard and cattle pens on the Voss property, The Mountain View Union
Academy does not object to the zoning, nor does the Voss family.
He does not feel good homes could be built in the area, but that
good duple;~es could be constructed, He produced pictures of the
type of duplexes contemplated, and also showed photos of some
duplexes which Were built about 4 years ago in a neighboring city,
He presented a rendering and brochures of the duplexes Excell is
bUilding in Los Altos saying that a development of this type would
enhance the area. It was his feeling that from the letter from the
Sanitary District and the opinion expressed by the City Manager, the
two objéctions have been met, and that R-2 is the proper zoning
of the area.
Councilman Saich said there is the question of enough avail-
able water and pipé lines.
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The City Manager stated that this was many months ago, shortly
after the City took over the water works that the property was
annexed to the City, He stated his position regarding the water
has nothing to do with the zoning, it has to do with the study the
Council is making, that the City would have water available to
serve the area.
Mayor Lazaneo read a letter from the Sanitary District stating
that the matter had been considered at the meeting held September
6th. The letter went on to say that the property as proposed can
be served by the District,
Councilman Pelosi stated he would go along with Councilman
Saich, He said this is the first time the matter had been before
the Council and that in view of other development in the area, it
would be wise to look at the parcel before making a decision,
Mr, Mastin stated he would also like the Council to take a
look at the duplexes being constructed in Marshall Meadows, Fallen
Leaf Lane and Homestead Road in Los Altos,
With the consent of the applicant, it was moved by Councilman
Pelosi that the application be tabled until October 2nd to allow
study of the matter, Seconded by Councilman Saich,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
V ORDINANCES AND RESOLUTIONS POR ADOPTION:
A. ORDINANCE 187. Rezoning property of Louis A. Faganini from
R-3-H & R-l:B-2 to C-l-H; south side of Stevens Creek Blvd., to a
depth of 500'; located between Blaney and East Estates Drive.
(Planning Commission Resolution 51) (File 13A-Z-61) Second
Reading. Continued,
Moved by Councilman Pelosi that Ordinance 187 be read by
title only. Seconded by Councilman Saich.
AYES:
NAYS:
ABSENT:
Councilmen:
Councilmen:
Councilmen:
Benetti, Pelosi, Saich and Lazaneo
Jewett
None
Laclcing a unanimous vote, Ordinance 187 was read in its
entirety,
Councilman Benetti stated he still has not heard why this
application is so important to the City of Cupertino, nor anything
which would change his mind. The Council should know more about
the development of the area. The applicant wants 500 feet of
commercial without the City lmowing what the property is to be used
for, and he stated that this action is premature, He believed
this should be put off pending investigation by the Planning
Consultant,
I~yor Lazaneo maintained our commercial depth is too shallow
throughout the C1ty, With greater depth for commercial we are apt
to get better development in the area.
Councilman Benetti said he concurred with Mayor Lazaneo, but
still felt that the application is premature at this time,
Councilman Jewett also stated the application was premature,
stating that perhaps in the future all of Stevens Creek will
eventually be commercial, but felt the Council should not sign a
"blanlt check" for 500' of commercial depth, in comparison with the
400' next to it which seems to be doing well, If the applicant
had a presentation he would be in favor of the application.
Councilman Pelosi disagreed with Councilmen Benetti and
Jewett, stating that the Council has a duty to make decisions, that
all items cannot be referred to the Planning Consultant. He said
that this application is no different from other applications
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coming before the Council, He referred to the Divlsion of Highways "-
opinion regarding the tremendous traffic which will be routed to ~
Stevens Creek Boulevard.
Councilman Benetti stated that the areas which have been re-
zoned to greater depth were reviewed with a presentation, and they
were presented in a much greater light, He said that Cupertino is
not gettin5 a clear picture of what is to happen here.
Moved by Councilman Pelosi that Ordinance 187 be enacted.
Seconded by Councilman Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Pelosi, Saich and Lazaneo
Benetti and Jewett
None
3-2
B. ORDINANCE 189: Rezoning property of Ripley Homes from R-l:B-2
to R-l; 2 acres on the west side of Blaney between Mariani and
Forest Ave" adjoining 'rril:mph No, 2 subdivision. Planning
Commission Resolution 63. Tentative Map. (File 35-2-61) First
Reading.
Ordinance 189 given first reading.
C, RESOLUTION 493: Accepting deed from Thorsten A. Backman for
widening corner of Highway 9 and Bollinger Road.
Moved by Councilman Pelosi that Resolution L>93 be adopted.
Seconded by Councilman Benetti,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
VI PAYING BILLS:
Benetti, Jevlett, Pelosi, Saich and Lazaneo
None
None
5-0
A, Resolutions 491 and Il92.
Moved by Councilman Benetti that Resolution Lf91 be adopted,
Seconded by Councilman Pelosi,
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
Moved by Councilman Saich that Resolution 492 be adopted.
Seconded by Councilman Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
VII PROTESTS AND WRITTEN COMMUNICATIONS:
(1) J. Robert Dempster: Letter submitting application for seat
on Water Commission.
Mayor Lazaneo stated the Council would meet \'lith Mr. Dempster
Wednesday night, September 20, 1961. The City Manager was
instructed to cont2.ct Mr, Dempster and advise him of the time for
the intervie\~.
(2) Los Gatos Chamber of ComDerce: Announcement of dedication
September 20, 1961, 4:00 to 7:00 P.~1. Mayor Lazaneo expressed his
intention of attending the ceremony.
Moved by Councilman Benetti that the communications be received
and filed. Seconded by Councilman Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
M01'!ON CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
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441
VIII REPORT OF OFFICERS AND COMMISSIONERS:
A, Report of City Treasurer:
No further report,
B, Report of City Engineer:
(1) Regarding Triumph No, 2 Subdivision, the City Engineer
stated that the plans had been submitted and approved, agreement
executed, bonds posted, fees deposited, and all requirements have
been met, He therefore recommended adoption of Resolution 4Ø4,
approving final map of Tract No, 2953, Triumph Unit No, 2,
accepting certain avenues, and lanes, and authorizing the City
Engineer andCi ty ClerIc to sign the final map, and authorizing the
agreement in connection therewith.
Moved by Councilman Saich that Resolution 491¡ be adopted.
Seconded by Councilman Pelosl.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
(2) In connection with Idlewild Greens #2, pending final re-
vision of the plans, they will be approved within 2 or 3 days, He
stated tl1at everything is in order with the exception of minor
changes,
The City Manager stated that Mrs. George Oakes had called
just prior to the meeting and that Mr, Oakes was going to try to
attend the meeting later,
Mr, Fleming stated that the plans are being revised to pro-
vide for a street width of 56' which had previously been approved
by the Council. He therefore recommended adoption of Resolution
495, approving final map of Tract No. 2860, Idlewild Greens, Unit
No, 2, accepting certain avenues, courts, and drives, authorizing
the City Engineer and City Clerk to sign the final map and authoriz-
ing the agreement in connection therewith,
Moved by Councilman Jewett that Resolution 495 be adopted.
Seconded by Councilman Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
C, Report of City Attorney:
The City Attorney stated he had been asked to report on the
matter of jurisdiction and control with regard to expressway streets.
He stated that the Board of Supervisors had adopted a resolution
on June 20, whereby cities be required to agree to the county's
continued jUrisdiction. He said the enabling act provides that the
county may have control over ingress, egress, street signs and the
City may retain all other police powers, including control over
speed limits, issuance of citations and collection of fines. He
said the the City to share police power with the county, some
specialized arrangements will have to be entered into.
Cow1cilman Saich stated that Mr. Campen discussed this at an
Inter-City Council meeting, and the matter of police powers and
traffic control will be arbitrated with cities. He said the police
power and fines comes baclc to the City's jurisdiction.
(2) With regard to the subdivision ordinance, the City
Attorney reported this matter would be taken up at the next meeting
of the Planning Commission. He stated it had been reviewed by the
engineers association of the county and recommendations made.
After hearing at the Planning Commission level, a resolution will
be adopted recommending action to the Council and then the matter
will come before this body,
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(3) Regarding the conduct of hearings, the City Attorney
revie~led his written report and stated that he had contacted the
League of California Cities and had received a report from the
attorney verifying his conclusions.
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Discussion arose as to a motion to table, and a motion to
close a public hearing, Mr. Anderson stated that the motion to
table talces precedence. He stated that a motion to table is a
maneuver to postpone action,
D, Report of Planning Commission:
(See Planning Commission minutes of September 11, 1961)
E, Report of City Manager:
(1) The City Manager stated had received a letter from Mr.
Podell requesting permlssion to leave certain fruit trees in his
development. He stated that this was permissible under Ordinance
47 if a bond is posted in an amount agreeable to the Planning
Commission, and that this has been done in the past, He said that
the only thing which would be required would be not to permit any
fruit trees along the sidewalk areas, Mr, Podell ~¡ishes to maintain
trees to enhance the look 01' Jus tract. Mr, Storm said this could
be in order as the ordinance so provides.
r~yor Lazaneo asked If ot~er developers have been required to
post a bond. Other developers have requested a certain amount of
trees be left in the area, and the City has gone along provided
they do not leave them adjacent to the street;s,
Councilman Benetti said that there is something in the tree
ordinance requiring developers to remove prune trees. He stated
that prune trees and pear trees are difficult to care for and
should be taken out. He sald he would be willing to go along and
leave trees in with the exception of prune and pear trees.
The City Manager expressed the opinion that a check should
be made to see that he would no~ leave too many.
The Mayor asked Ward Crump for his opinion on the matter, and
Mr. Crump stated that he lias required to remove all the trees with
the exception of those around the model homes, and those too were
to be taken out as soon as possible, He further stated that trees
enhance a development.
Councilman Benetti suggested the matter be turned over to the
City Manager, Mayor Lazaneo Hlstructed the City Manager to pursue
this matter and to use his judgment in the locatlon of trees.
(2) The City Manager stated he had received a letter from
Ketell Construction Company regarding the development he propose~
off Highway 9. He stated it was the City Engineer's thinking that
it should be presented at a study session.
Matter set for discussion September 20, 1961.
(3) r·jr, Storm advised that Mr. Marlani and his engineer are
to meet with the Division of Highways next Tuesday regarding the
Highuay 9 interchange.
(L~) }1r, Storm reported that sometime ago it ~¡as requested th8.t
plans be submitted for traff~ signals on Miller and Blaney. He
stated that the plans \Üll be ready for the next regular Council
meeting, October 2,
Councilman Pelosi stated that at the time of construction of
Wolfe Road there were some baclclogs regarding signalization,
Mr. Storm advised that $1,500 has been deposited by the
developer, and this will be talcsn care of when development is
started.
.The City Engineer referred to a copy of a letter from Mr,
Andrews of San Jose Water Works regarding the requirement of posting
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bonds for water lines in new subdivisions. He stated he had ad-
vised Mr. Andrews that the City does not require a bond, merely
a letter, if water is to be supplied by San Jose \later Works.
IX UNFINISHED BUSINESS:
(1) ~~yor Lazaneo stated it is imperative that the Council agree
on a meeting with the County to come to agreement on Highway 9,no
later than next week and resolve the situation, He instructed the
City Manager to make the arrangements for the meeting.
Councilman Pelosi requested the meeting with the Board of
Supervisors be held in the evening.
(2) Mayor Lazaneo sdggested the Council see fit to instruct the
City Manager to finálize the contract and get the Planning
Consultant to work here.
(3) Regarding Wolfe Road, Mayor Lazaneo said Mr, Oakes had dis-
cussed planting strips do~m the middle of Wolfe Road, He stated
this matter should also be resolved.
The City Engineer
the planting be done,
planting to be done to
stated that the improvement plans require
He stated it is a standard requirement for
the satisfaction of the City,
(4) Regarding Blaney Avenue, Mayor Lazaneo stated some
should be taken to clear up the situation. He said it
something is done to clean up this sidewalk situation,
the possibility of some type of assessment district,
action
is time
He mentioned
Moved by Councilman Jewett that the City Manager be instructed
to commence proceedings and draw up the proper papers and contact
owners along Blaney Avenue, Stevens Creek Boulevard to the Larson
homes, and around the corner to the Burger Pit. Seconded by
Councilman Saich.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
(5) Mayor Lazaneo referred to Mary Avenue and asked if the City of
Sunnyvale had been contàeted,
The City Manager stated Sunnyvale had been notified that the
Council desired a joint meeting but no date had been set as yet,
Councilman Saich stated it might be a good idea to contact
Calvin Flint of Foothill COllege, and also the Fremont High School
District, to sit down with the City of Cupertino and the City of
Sunnyvale regarding the matter of the street pattern.
Councilman Pelosi stated it would be wise to have the four
jurisdictions confer on the problem.
Moved by Councilman Saich that the City Manager be instructed
to contact the Foothill College, Fremont High School District, and
the City of Sunnyvale to arrange a meeting for discussion of Mary
Avenue and the freeway as it affects this City, Seconded by Council-
man Pelosi.
AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saieh and Lazaneo
None
None
5-0
(6) Mayor Lazaneo stated that the time for filing applications for
the seat on the Planning Commission would expire September 20. He
stated that the previous applicants will not have to be interviewed
again, He said any new applications will be appreciated, and must
be received by Wednesday,_ September 20.
Moved by Councilman Benetti that a list
tions be prepared for action by the Council.
man Pelosi.
of the above ire truc-
Seconded by Council-
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AYES: Councilmen:
NAYS: Councilmen:
ABSENT: Councilmen:
MOTION CARRIED:
Benetti, Jewett, Pelosi, Saich and Lazaneo
None
None
5-0
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Councilman Jewett stated that some time ago the City Engineer
presented the Council wi'çh the idea of a checlc list to be used for
all matters except rezonings.
The City Engineer stated he had submitted the check lists to
the Planning Commission and City Council.and recommended adoption
of them.
Commissioner Small stated the check lists would be of great
value to the Planning Commission,
A, Duò.3et -_,1961-62-L'_3cal year,
Cow1cilman Benetti stated the budget had been reviewed and
asleed if it could be adopted now.
Councilman Pelos~ stated that a study session was to be
set to review the amended budget, but was never held.
The matter was placed on the agenda for September 20.
B, Water Commission - Councilman Pelosi:
Councilman Pelosi stated there was a meeting \Jednesday, however
he could not attend, and therefore had no report. He stated nothing
new has transpired. He aslced that someone else be appointed to the
Water Commission as he could not attend the meetings at the time
scheduled,
Mayor Lazaneo stated that as an alternate, he would atte~d
the meetings, and further that he would like to see the City Manªger
attend the meetings of the Water Commission. Councilman Jewett also
requested the City Manager to attend the Water Commission meetings,
C. Miscellaneous:
None,
X NEW BUSINESS:
A. Miscellaneous:
(1) The Council requested the City Manager to submit a report
regarding the advantages and disadvantages of eliminating the
planting strip between curbs and sidewallcs in subdivisions,
(2)
Blaclc of
Highway
Road has
this VIas
Councilman Pelosi referred to the statement made by Mr.
the Division of Highways regarding the freeway crossing
9 between Blaney and Wolfe Road to the effect that Wolfe
to be in by the time the freeway gets here, He aslced if
normal procedure.
The City Manager stated that this is an issue and referred to
a stl~cture in San Jose Vlhich has been completed for some time with
no access roads.
(3) Councilman PeloSi referred to an anti on before the Santa
Clara County Planning Commission to rezone bacle to agrlcultural use
some of the property in the Manta Vista area.
(L,) Councilman Pelosi stated that the County Planning
Commission had requested a vote to create an ordinance establishing
contl"ol of go-cart tracl~;:;, and suggested the Counci I look into the
mattel".
Councilman Saich stated that a few months ago the City Manager
was supposed to set up a meeting between the County Planning
Comm:Lssion and the Cupertino Planning Commiss.ion, and remarked that
a date ¡lad not been set.
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The City Manager stated that he contacted the Cöunty
immediately, as instructed, and was adviood that as SOOn as a
meeting can be arranged one will be held, There was some delay
because of vacations, he said, and they will notify us when they
are available once again,
XI ORAL COMMUN]CATIONS:
Tom Burrascano asked if there is any possibility of utilizing
the 40' the City has on Blaney Avenue. He stated that north of the
bridge there are two telephone poles 25 feet apart, and down further
they are only 20 feet apart,
Mayor Lazaneo stated this would be handled in the report re-
quested from the City Manager,
XII ADJOURNMENT:
The meeting was adjourned at 10:00 P,M" to September 20, 1961
at 7: 30 P,M,
APPROVED:
/s/ Nick J, Lazaneo
Mayor, City of Cupertino
ATTES:J):
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City Clerk
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