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CC 05-03-65a.0321 South Saratoga -Sunnyvale Road 252-4505 Cupertino, Calif. C I Tyr CF CTJ P E R T I NU -----_.—...._—_—Calif or°nia MINUTES OF THE REGULAR MEETING 0:�.YHE CI`�Y" COUNCIL - May 3, 1965 PLACE: Board Room, Cupertino School District Ofl'j�ce 10300 Vista D-0:11Te, Cuper. tix.o TIME: 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL Councilmen present: Finch (8030), Fitzgerald, Noel, Stokes, Dempster Councilmen absent: None Staff present: City Manager; :Phil Storm City Clerk, Larry Martin City Attorney, Sam Anderson Dir.,. of Public Works, Frank Finney Diro of Planning, Adde Laurin City Engineer, Bob Shook Chief Bldg, Inspector, Bill Benevich Recreation Director, John Parham Recording Secretary, .Lois Inwards III MINUTES OF THE'PREVIOUS MEETING - April 19, 1965 Moved by Councilman Stokes,-sec:ox-.,ded by Councilman Noel, to approve the Minutes of Apr l 19; 1965 Motion carried, 4-0 IV ORAL AND WRITTEN COIIT-TU ,,ICATIONi-, ORAL: A. Michael McCloskey, Cupertino High School Student, along with about 15 other students, wanted to review the Thompson & Associatea Use Permit Denial, The City Attorney advised the City Council, in view of the fact that the Councilmen were served subpoenas this evening on this case, that it mould be best if they did not discuss it further until they have the opportunity in Court,. Bo Mr. Norman Miller, 10471 Westacres Drive, Cupertino, came forward to ask the City Council and the Building Inspec- tion people to release the Permit for a swimming pool in his back yard. He had obtained the Permit and the large hole has been dug, but the permit was retracted because of a public utilities easement across his back yard. He said he got the additional releases that were requested and he does not feel he should be penalized further, The City Manager said the Chief Building Inspector would explain the Staff's position in this ccaseo The Chief Building Inspector said a "Stop Work" order was issued when it w`b, discovered there would be an encroach- ment. Pa G, E. has now indicated. they have no need for their easement and. t.1.e onl r fol: malit;;r left is for Mr, Miller to sign the agreement tr :t f-in.aricit-il responsibility would be his in case P. G , E, cs,'.oul:d decide to reverse their decision befog:°e it is formally abandoned. The City Atto.,rre,advisc ," the whole strip be abandoned rather than just the. ee. et.,Fent for the one -lot. The City will start these proceedings. Mr. Mil.le'l, agareed to sign the agreement, WRITTEN A. Letter of appeal from Mr. Don R yan, regarding 2-TM-65, denied by Planning Commission on kpril'26th, This will be put on the agenda for Public Hearings; B. :Attorney Jon Harw=a,rd, Bank of America Bldg., San Jose, spoke in regard to Ordinance No. 285, for the Mobil service station at Stevens Creek Blvd and Stelling Road,. He said there.was a muter of interpretation of the Ordinance in regard to the 921 along Stevens Creek Blvd.., which the Williams sisters sold and, inadvertently, did not include the dedication factor in the sale of the above -mentioned 921, He said this property was not rezoned; it is still R-1-A:B-2, and that at the time it comes in for developing the City can obtain the dedication. Mr. Harward said Mobil is ready to begin developing the corner and they would apprecia11-e having this matter cleared up as soon as possible. If the Council so desires, all it would take is a simple amendment to the Ordinance No., 285. Council -man Fitzgerlpild ,,a.id the reason this 92' was not rezoned was because we do not knoyu what is going to go in there, He is in favor of t1-te amendment Councilman Stokes asked to abstain from this matter be- cause his company seems to be til.e low bidder on the service station job. Moved by Councilman Fitzgerald, secoczded by Councilman Noel, to instruct.the City Attorney to draw up an Urgency Ordinance to amend.:Ordinance No; 285 to correct this situat_on. AYES: Councilmen -Fitzgerald, Noel, Dempster NOES: None. ABSENT: Councilman Finch ABSTAINED: Councilman Stoke. Motion carried, 3-0 Theapplicant was instructed that this Urgency Ordinance would be acted:upon-the following night, May 4th, 8:00 PM..,- at Collins:School Library. -C.*, 1965.StAte Highway. Reromme:ndations D. Letter from County Board of Supervisors regarding the Stevens Creek. Park Chain �.dvisory Committee, E. Inter -City Council meeting Notice - May 6th, in Campbell, -2- "'W,, F. Notice of non-I.r_.a.tionO being accepted for ti.e Robert C, Kirkwood. Away':;:„ G. Letter from A. Peter Emig concerning the new City Seal and prequesting permission to submit his proposals H. Letter fromFour:,try,yr_ Cit- opposing AB 1461 I. Letter from County hoard of Supervisors regarding opening on Library Commission. J. Letter and proclamation from President Lyndon Johnson regarding "United Nat or_s Day," K. League of California Cities' Sixth Legislative Digest Moved by Councilman Fitzgerald, seconded by Councilman Noel, to endorse Mrs, Guerro's renomination to the Library Commission. This motion and second were withdrawn, Moved by Councilman Fit-zgerald, seconded by Councilman Stokes, to instruct the City Manager to write a letter to our Library Commission to ask if anyone from this area would like to serve on the above -mentioned Commission. Motion carried, 4-0 Moved by Councilman Noel, seconded by Councilman Stokes, to receive and file the written communications. Motion carr-1-ed, L'-0 V A. REPORT OF THE PLANNING COM14ISSILON (See Minutes of 4/26) 1. M. & R, Marcha.nt: Application 6-U-65 for a Use Per- mit: Office Building in a PC-H Zone, east of Saratoga - Sunnyvale Road, opposite City Eall. Recommended by Planning Commission Resclution'No. 258, Chairman Gates said there were no objections from the audience, and 'Lt was passed unanimously, The Director of Planning said the conditions atutached to this Resolution were identical to those passed on the Rodrigues property next door, except this is for only one building where the other is for the entire ten acres., The Chief Building Inspector said application 178.-HC-65, for M. & R., Marchant, was passed unanimously with the 10 standard conditions, the tile roof or similar, masonry walls, and structure to be compatible with the Chrisman development next door;. Moved by Councilman Stokes, seconded by Councilman Noel, to approve application 6-U-65, with the 20 conditions of the Planning Commission and also the H-Control conditions. AYES: Councilmen Finch, Fitzgera1d, Noel, Stokes, Dempster NOES: None Motion carried, 5-0` 2. Mr. & Mrs. Elms: Application 9-V-65 for a Variance to move..a.fence 3''into the front yard to accommodate a swimming pool; 2084'0 Pepper Tree Lane, Recommended by Pla.nnincr Commission Resolution No. 259. riirll�n Gates said utelFwPinJ b l j e audience, This was passed with a 4-2 vote, I%_i., t,ras one of the dissent-].= votes and he has since learned that his ID reasons were prol�ablyT wr-onb, Moved by Councilman Fi_nc.h, seconded by Counci.lman Fitzgerald to adopt Resolution No, 1093 AYES: Councilmen Finch, Fitzgerald, 1\?gel Stones, Dempster NOES: None Motion carried, 5-0 3 J . R. McCormick: Application 10-V-65 for a Variance to allow side yards less than 20% of lot width at 10160 Hillcrest Road, Recommended by Planning Com- mission Resolution No, 260, Chairman Gates said there were no objections from the audience and this was passed unanimously since the Planning Commission felt there would be no harmful effect on the neighborhood. Moved by Councilman Noel, seconded by Councilman Finch, to adopt Resolution No, 1004, AYES; Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 B. REPORT OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE (See Minutes of April 27, 1Q65, ) Chairman Horgan said he had no additional comments to add to the Minutes of April 2'7th, Moved by Councilman Finch, seconded by Councilman Fitzgerald, to approve the H-Control decisions of April 27, 1965, Motion carried, 5-0 VI PUBLIC HEARINGS There were none, VII ORDINANCES AND RESOLUTIONS FOR ADOPTION A. Ordinance No, 310; Hotel -Motel Tax., Second Reading, Moved by Councilman Noel, seconded by Councilman Fitzgerald, to have Ordinance No, 310 read by title only, Motion carried, 5-0 This was done by the City Attorney. Moved by Councilman Fitzgerald, seconded by Councilman Noel, to enact Ordinance No. 310, AYES- Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES. None Motion carried, 570 -4- tiIII PAYING BILLS A. RESOLUTIONS NO, 1091 and IOS12 Treasurer Fitzgerald read Resolution No, 1091. Moved by Councilman Noel; seconded by Councilman Stokes, to adopt Resolution No. 1091. A:iES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 Treasurer. Fitzgerald read Resolution No. 1092. Moved by Councilman Finch, seconded by Councilman Stokes, to adopt Resolution No. 1092. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES:. None Motion carried, 5-0 IX REPORT OF OFFICERS A. REPORT OF CITY TREASURER He had nothing further to report. B, REPORT OF CITY MANAGER 1, In regard to the joint meeting with the Water Com- mission which has been set up for May loth, neither ..thy: Chairman nor the Vice -Chairman will be able to attend. With the Council's permission, the City Mana- ger would like to set up another date for this meeting when all the Water Commissioners and Councilmen will be able .to be present, He felt that he could have this. .coordinated .by hay 17th.-, Moved .by Councilman:.No:l, seconded by Councilman Stokes, to have the City Manager set anew date for the joint meeting with the Water. Commission. Motion carried, 5-0 2. Mr. Bradley, who is connected with the Santa Clara County Hospital Advisory Commission, has advised us that the Board of Supervisors.have decommissioned the Hospital Commission, who had contacted Cupertino to see if we would be interested in having a hospital survey -made and the Council had indicated an interest in this. 3. Regarding the DeAnza L.I.D., the City Manager said he expects the appraisers' reports this week. This will have to do with the periphery streets. 4. Oak Dell Ranch requested permission at the last meet- ing to plant trees to act.as a buffer on Stevens Creek Blvd. The Staff recommends the trees not be planted at the proposed location because within the next 5 to 10 years, when Stevens Creek 2lvd, will be improved along here, the public would''. n.ot- wan`, the large trees removed and the removal would be an added expense, J It would 'he difficult to locate them in the sidewalk area becauf_,e the telephone cable is suspended immedi- ately above this area. If Duc & Elliot want to plant trees, it is the Staff's recommendation that they do so at the base of the slope. Mayor Dempster asked for comments from the audience, Mr. Jack Rogers, representative of Duc & Elliot, said that from the top of the slope to the bottom, it is 7 to 810 It would be quite some time before these trees, if planted at the bottom of the slope, would act as a buffer, Councilman Fitzgerald felt that placing the trees in the proposed spot Just means they would have to be removed when the street is improved, If placed at the base of the slope, they would be of permanent value to the neighbor- hood. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to deny the request of Oak Dell Ranch to plant trees upon Stevens Creek Blvd. Motion carried, 5-0 5. There was discussion of a new City Seal at the last Council meeting. The City Manager was asked to con- tact Miss Ballantine to place an order and ask for her company's proposal. Mr, Emig has also been asked to prepare something for the Council to evaluate. 6. In regard to the possible signalization at Rodrigues and Saratoga -Sunnyvale Road, the City Manager wrote to the State Division of Highways and they replied that 17 of the 22 accidents recorded at this location during.1963, 1964 and 1965 were rear -end type and this type of accident almost invariably increases after signals are installed at an intersection, Councilman Fitzgerald said that the State is aware of the problem at this intersection but evidentally they are going to wait until someone is killed here before they are willing to do something about it. He feels we should pursue this further. Councilman Stokes asked the Director of Public Works what his opinion is about stacking lanes for this intersection. The Director of Public Works said the principal reason the State does not feel we need lights here is that they would create more rear --end accidents. Stacking lanes might be the answer at this time. The City Attorney suggested we ask our police depart- ment for a report on their observations for alleviat- ing the problem at this intersection, and we could submit these statistics to the State. So moved by Councilman Fitzgerald, seconded by Councilman Stokes. Motion. carried, 5-0 M C. REPORT OF DIRECTOR OF PUBLIC WOR:�S The Director of Public Works stated that Items 1 through 6 of his written report are merely progress reports, 7. We were request.ed by the State Highway Division to estab- lish plan lines on the south side of homestead Road, for the purpose of establishing the intent by the City to provide for a possible future street width of 1101. Since the field review, Mr, D. M. Somers, of Sunnyvale, has requested we shift our plan line 10' further south, making a required future dedication of 75' instead of 65',. Mr. Steffani, with the aid of aerial photographs of the project, offset the street where necessary to clear exist- ing expensive developments. The proposed plan, although not symmetrical, does fulfill the conditions requested by the State, will satisfy Mr. Somer's request, and does not put undue hardship on the property owners in that area. Drawings from the County are forthcoming. 8. The Grading Ordinance is just about ready. 9. Highway 9 Traffic Studies. The State Highway Division in San Francisco indicate they are in favor of channelization to aid in the elimination of rear -end accidents caused by left -turning vehicles in the fast Lane. 10. Traffic signals at Mary Avenue and Homestead. Road. Mr. D. M. Somers has requested we submit our proposal for a change in the alig.iment of Mary Avenue and they would like to have it tomorrow, May 4th„ The Director of Public Works proposes a slightly different angle around Homestead High than was previously proposed by his predessor, which would mean a slightly greater land acquisition from the School, for the extension of Mary Avenue northerly from Junipero Serra Freeway, Councilman Stokes. asked if this would create greater ease in the flow of traffic. The Director of Public Works said that it would. Moved by Councilman Stokes, seconded by Councilman Noel, to have the proposal that the Director of Public Works favors uubmitted to Mr. Somers on the following day. Motion carried, 5-0 The City Attorney said there have been some recent changes in the rules for deann.exation, The City Manager felt this could be resolved by -having Sunnyvale purchase that Portion of property needed for this extension of Mary Avenue and then sell it to the City of Cupertino. He foresees no problem here, ll.- Bubb Road Crossing of Regnart Creek, The Director of Public Works said problems relating to financing of this project are apparent. A cost analysis has been prepared for evaluation by the Council, Councilman Finch requested a study session be set up for this. The City Manager said the budget is now being pre- pared and perhaps this project should. be discussed at the time of discussions on the budget. -7 - Mayor Dempster,felt.it would be advisable to have all the facts available before making any decisions on this. Mr. Ward C'rump said this project came about because of the danger to all who drive -I.n this area, He was the one who instigated it, and now he would like to withdraw from the Bubb Road project completely because he feels his Baywood Terrace No. 5 has been held up too long. He would like to submit his Tentative Map for Baywood Terrace No. 5 as soon as possible. Councilman Fitzgerald asked Mr. Crump if there was any financial obligation on his.part to do on this project. Mayor Dempster asked Mr. Crump if it is his desire to meet with the Council to attempt to resolve the Bubb Road crossing issue. Mr. ' Crump .said he just wants to begin Ba�Trrrood Terraces And would like to back away from this project altogether. The Director of Public Works said final plans have been submitted. There are drainage problems that should be modified and this can be accomplished without anything to do with the Bubb Road bridge project. Mayor Dempster said the Council will discuss this further at the adjourned meeting on Tuesday, May 18, 8 P.M., at City'Hall. REPORT OF CITY ENGINEER 1. HENRY GRIFFITH; Mt. Crest Drive south of Linda Vista Drive. The improvements have been completed and it is the recommendation of the City Engineer that they be accepted, So moved, by Councilman Noel, seconded by Councilman Fitzgerald. Motion carried., 5-0 2: TRACT NO. 3783, BA11400D TERRACE, UNIT NO. 4; west side of Linda Vista Drive at Columbus Avenue. The improvements.have been completed and it is the re- cominendatJ_ ref the City Fngineer to accept them. So moved, by Councilman Stokes, seconded by Councilman Noel. 3: BLANEY SHOPPING CENTER; north side of Stevens Creek Blvd., 100' east of Blaney Avenue. The municipal improvements have been inspected and the necessary corrections have been made. The City Engineer .'recommends authorization to inform the developer and his bonding company that the improvement bonds may now be retired. So moved, by Councilman Noel, -seconded by Councilman .Fitzgerald. Motion carried, 5-0 4. CARRIAGE OAKS (STONESON); north side of Stevens Creek . Blvd, at Mary'Avenue, - -Thei Division of Highways has ..informed tie .City that all- bf Stoneson's obligations re.the righ't--of=way negotiations have been met so the bonds m'ay be released. 0 -U- The City Engineer requested authorization to inform the developer and hia bonding company that the improve- ment .bonds malT now be retired So moved, by Councilman Noel, seconded by Councilman Fitzgerald, Motion carried, 5-0 5. FREEWAY AGREEMENTS, The City Engineer recommended adoption of Resolut4.on No, 1095 authorizing execution of Amendment No, 1 to the "Agreement for Maintenance of State Highway in:tie City of Cupertino", dated May 21,.i964a So moved, by Councilman Noel, seconded by Councilman Stokes, AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NOES: None Motion carried, 5-0 D. REPORT OF CITY ATTORNEY 1, The City Attorney attended the last H-Control Committee meeting and reviewed the new Ordinance with them and discussed procedures. He came away feeling the Committee really knows what they are doing. 2. Writ of Mandate No, 167097, The Mayor, the four Councilmen, City Manager, City Clerk, and Chief Building Inspector have been subpoenaed to appear in Court on May 18th in regard to the Thompson and Associates Vet, Clinic. Moved by Councilman Stol;,es, seconded by Councilman Finch, to turn this matter over to the City Attorney for advice. Motion carried, 5-0 The City Attorney said that, in this case, it is the duty of the Court to review the records of the City and deter- mine whether or not the City Council has conducted itself in the way of the Law, Mayor Dempster requested an Executive Session at the end of this meeting. E. REPORT OF BUILD'ING INSPECTOR He had nothing further to report, F. REPORT OF RECREATION DIRECTOR In view of the fact there will be a joint meeting of the Council and the Parks and Recreation Commission on the following night, the Recreation Director had nothing to report at this meeting. G. REPORT OF THE DIRECTOR OF PLANNING He had nothing further to report. Ma M UNFINISHED BUSINESS A. In regard to she April 19-th letter from Mr, Ken Brown, President-elect of C,r)erti.no Lyons Club_, in relation to their request for two firewo:.-'_-rs stands for just this year since they have already recel_ved two State licenses., it was moved 'by Councilman Finch, seconded by Councilman Noel, to grant the Lions Club's request for two fireworks stands for the ye-: r 1965 onl;T, Motion carried, 5-0 Moved by Councilman Noel, seconded by Councilman Stokes, to instruct the City Attorney to draw tip an Urgency Ordi- nance in accordance with the above -mentioned motion, Motion carried, 5--0 XI NEW BUSINESS A. There was none, XII ADJOURNMENT At 9:20 P.M. the Council adjourned to an Executive Session, At 9:35 P.M., it was moved by Councilman Fitzgerald, seconded by Councilman Noel, to adjourn the meeting to Tuesday, May 4•t;h, 8:00 P.M,, at the Collins School Library, APPROVED: J . Robert Dempster Mayor ATTEST: City Clerk ��- -10 . ., 10321 South s.a:-atoga-Sunny>a::'c n,)¡:·i CU¡lertino, CaH!. ?52-11505 C I r; Y 0 P .~:; P E ";' I !; C ë~~:ï-~ornla ----- -..r¥~ OP THE REGULAR Mu:n.8G o¡ TUE CITY CœNCIL - Ma:T 3, 1965 '.,. ""¡'¡";;'.<.-." . "t'ìÜIIotf-JIoard Rooa, CUpertinO School Di.trict Office ~~1!:~P '10300 vuta Drive. cupert1r.O -t:.t8100 P.M. ~'~~'~i~~:~!: . ' ,;:~.v~j'AfmB TO TBB lPLMJ . .:l.1- - , 'rl ROLL CALL C01mcllmen present: FinCh (8:30), P1tzgera1d, Noel, Stokes, Dempøter Councilmen absent: None! start present: City Y~g~r, :h1l Storm Clty Clel'k, Larry MarCin City Attorney, SMI Andf<raon Dir. of Public ~or~~, Fra.~ Pinney D1r. of Plalln1np::. Al1de Laurin City Engin~er, ~c~ Sh~o~ Chief Bldg, 1~Gpector, Bill BPnevich p.ecr~ation Directo!', Jor~ Parham Pecorulng Sf<crctary, Lois Inw~rds In MINUTES 01' TIlE PnEVIQ"~J MEETING - April :'1, ]965 Moved b;¡ Council",;: I Stokes, se.::or.ded by Counci:"",n Noel, to approve the M1r.ue£. ct April 19. 1965_ M -tion ca1'l'led, t-o IV ORAL AND WRITTEN COMJo!tT]iICATIONS ORAL: A. Michael Mc.:loske;r, Cupertino High School Student, along with about 15 other students, wanted to review the Thompson & Ass~clate~ U~e rermlt Denial. The Clty Attorney advised the City Council, in view or the tact tlmt the C~uncilmen were served subpoenas this even~ng on this caE-::, that it ..ou1d be bes";; if they dId not discuss it ru~her until t~ey have the opportunity in Court. B. Mr. Norman Miller, 10117l "'"stacreB Drive, Cupertino, came forward to ask the city C~uncil and the Building Inspec- tion people to release the Permit !,)r a 6wimm1ng pool in his back yard. P..e had obtained the PeI'l!'it and the 1'lrge hole has been dug, but the permit was re~racted because ot a p~blic utillties easement across hiB back yard. lIe said he got the additior~l releases that were requested and r~ does not rf<el he should be penalized further. The C~ty Mana~er sald the Chief Building Inapector would explain the S.atr's position in this Cðse. -1- · ., The C::l('t ~1l:;~"13 Ir.3pe~"or said a "Stop Woriot~ order was iSS'.led whcn 1~ "<Co; d::'~coïcl'ed :è.e;:-e weu1" be õr. encroach- men';. P. O. 6:.-Z. In.. :-.0;1 indlclted th"j' ¡-,,¡ve r-.o need for their easeltt:n~ am ~he onl:." ~ormallt:j· ::p.t": J.s ~ar 1'-1". ~~111er to sign the a&!c-.-..t. tr-,," ~!:~ :loanc1.a:'. re::;ponalbility would be his 1n calle P. O. &: E. :.;hould de~lde t.o reverse their decls10n bet'ore 1t 1s fOJ':'ally Ilbandoned. The Clty Attó1'De7 lII!Y18èd the whole atrlp be a1:andoned ràther thID ~c_ e&$eeent tor the one lot. The Clty will start tbMre.. ....dc...'nnga, Ib'. Miller agreed to sign the ~a.~t. JIAI,.~-..:aI B. Letter ot .~~'JIÍ:o. Don RJan, ~ 2-!11-65. deD1ed by ~ CD. t..ion on AprU-26th. - ~ .111 be pit on t:Ie -_!III. tor l'Iabl1c Hear1np. Att01'll87 Jon ~ "'IS. Bank ot Amerlc.a BleSs.. 31m 3'ose, swn in regard to C)aoIt.-....e Bo. 285, tor the IIob11 sern4:e stat10ø at SteveD8 Cree" Blvd b.nd Ste111ng Road. He sa1d there _ a .tter of 1nterpretation or the ordinaJlcc 1n reprd to the 92' along S';evena Creek Blvd., wh1ch the VU11aas sUtera Eold and, ~vertently, did not include the ded1catlon t&ctnr j n the sal!! ot the above-..entloned 92'. He saU ~his P~?er";:; was not rezoned; it ls st'!ll R-l-A:B-2, and tt.a1; a'; t~.", time it com~£ in tor de7~10p1ng the City can obtain t~e dedication. .&. Mr. 8Irward .aid )tjbL l.s ready to be¿1.' 1evel~¡:>1n¡,; the corr:~r 1l'XI tt.ey you:d apF'\'ed...te haV1f1g :;::ls =~·ter cleared up ss soon Be poaslble. lt the Ccuncll so de8~r!!s, all it wc¡;.::'d take 18 a !I::',,;:>le amend....nt to the OI'd1r.ar.ce No. 285. Coun:l~:aan Fitzz;emld :>kid the !'el.lson th1s 92' ..as not rczù:1oo vas teca1.:Se we t:.o net ~:':'Jo'" "r.a~ 1:¡ go~:'"..g to go in there. ~::..a 1n !avcr o~ t;,e aa:c~1I:Jen~. CCW1.::llman Sto!·.... &6lced to I!.ostaln from tt.1s oa";ter be- ca¡;.se h1s cocr;ar.;r seems to te the low blå:1er ~n ~j)e service st6tlon :~~. Moved by Counciha."1 Pi -:;zger:;.ld, :;Eoonded ~ Co'..mcllman NOel, to tnBtr~ct the City A,torney t~ draw up an Ur3ency Ordlnan,trt to .~ Ord1nance No. 265 to correc': this 81t~t~on. AiES: Councl~ F1tzger-ld, t!oel, Dempster NOES: None ABSENT: CouncU.an Finch ABSTAINBD: CouDcll.an StokeJ ¡ I I ¥~tlonc~rried, 3-0 The spp11cant was 1n8tructed that th1s Uxgenc7 Ordinance .ould be acted upon the tollowlng night, ila7 4th, 8:00 P.M., at Co111na Scbool Library. C. 1965 State ~ Recommendations. D. J.etter tl'Olll CòuI1ty BoarJ c,f Supervisors regardJng the Stevens Creek _~~ Cha1n ;~visory Ccmmlttee. E. Inter'-Clty CO=.::U _et1ng Nct;1ce - Ma~ 6th, In Campbell. -2- , . . . P. }«:\t~ce of nomlna't1cna t.!~n; acc('p:'~;l for t!~~ ::.cèert C. K1ri.-vcod Award. O. Let-:~r t"rom A. ~';er ~:'g concerning the new C1ty Seal and pNÇ"~~3t1ng per:s:.as::..on ~ç s'.lbo:.'. ~ Gis prop-;..sala. B. Letter troll Pounta1n C1~ op;;osir.g AB 146l. " - x. IAltter troll ev-4J' J;oard at Supervisors reprding opening OD L1bl'lU'J' Coo-"'-,...... Letter aDd ~~1GD f'roca Presldent ~n .JohnsOn ftIIIU'I!1DS .1Jyo1l.1!)IiI..... tJ¡on" Day.. I.eque of' caliÎ.it?- œUes' Sixth Legislative Digest. ....~~ JIóftCI lIT CoaIIC118DïÌ'l~ _.."A1d, aecqnded by ~11En Noel, 'to eatoree lira. &-~ .....'. reooll1nat1on to the L1b1'lU'7 Co1llUl1ss10n. 'Ib1a _t1011 aDd an - .... withdrawn. ;.. ",~ ;'" i" ,( :~' .T . ">:",~~,,:...( .~ . ;~4'}i:~~,<r È.· J;::'!'Sd lIT Council_ ft~4, aeconded by Councilman Stokes, to 1nstruct the Clt7 ...-pr to write a letter to 0= Llbrary ColDlaslon to aak U aqone f'rom th1s area would 111<e to !Serve on the above-mentloaed Comm1salon. Rot1on carried, 4-0 Moved ~7 :;our:,,1lman JIoel, seconded by Counc1l:nan Stokes, to recei~e ~~ file the ~r1~ten co~~unic~~ions. ~~~1cn car~~ed, ~-O V A. IŒ?OR:' 0:> T!IE 2f.AK!Cl;Q CQ!.lifiSSION (See Minutes 'J~ /;/26) l. M. & R. MarcbaT--:: Application 6-u-Gs for a Use Per- "'it; Office ~.ld1ng in a. ¡-'C-H Zone, eas:; of 3aratoga- Sunnyvale P.oad, 0"pos1tc City Hall. Re,,<;=en:1ed by Fl~~ing Cocm1Ss10n Resolution No. 258. C!'".a~~ Gates sa1.d 'there were no objectior.s ~rc..::! the audie~ce. and It ¥as passed una.nioously. The Director of P1a.mûng said the conditions a:;:;ached to t!-~3 Resolu1;lon were lèentical to those pacsed :;;:1 the R~è!'igues prope~ nexr door, except this ~s for only one building where ~t.. ot:1er is for the entire te¡. acres. The ChJef Bul1d1Dg :Ins¡>ector said application 178-HC-65, for M. a: R. MarciaDt, was pa'$sp.d unanImously ..lth the lO scandard condlt1cn8. the t1le roof or simllar, caaonry walls, and structure to be compatible with the Chrisman develcpmPnt next doer. Mcved by Counc1,--" Stokes, c.econded by Counc11can ~oe¡, to approve app11.cat~ 6-U-65, with the 20 conditions of the Plannlng eo..18slon and also the H-Control condltlons. AY3S: Councllaen Pinch. Fitzgerald, N')el, Stokes, Dempster NOi!S: None Motlon carried, 5-0 2. Mr. a: ~lrs. El>sB: i!.1'?lici\t~o~ 9-v-65 1"or a Vsrlance to :DOve a reace 3' 1nto the front ¡;aro to accolDlDOdate a awilDlll1ng p001; 2oa:+O Pepper Tree Lane. RecolDIDended by Planning C_ '.slon Resolution No. 259. -3- ;.;tt¥:-,:;; "';':,,'¡¡: !;'~. 0),,"'" .. ;¡,,:;..., . -,,-!2 , .. "-'l-'~ -- ';i" -: ¡t:- \'~""~ .-~. -4':, .. ·r '~~ \~ ~ Cha1~~~ û3:eS $a1~ ~~~=~ ~~~,~ ~: ~~'~~~l~ 3 ~~D ~he !luólen:~. This was }B$êed ,.~th .1 --~ vote. 1:5:" Y,3S cn~ 0:' tl:\' :i:o:¡cnting '¡ate. and he ~3 s~nce lea-row that his reaEv:~ }.'?:'C prot.;\~:7 wr;)::;. Moved ~7 Ccunci1::1'-i7. !>'..=.:. seco::~~:: :::r COU:1clll111!.D Pitzgerald to ado;~ Re801ut1o~ 50. ~0936 AYES: ':cuncl1:ne:1 ?in::::.. .!lltzõeral:3., Noel" Sto~es. Dempster øo~: !lone MoUat carried, ;-0 3. J. R. XcCor=1CJr: .....H(!etlon 10-v-65 tor·a Yar18Dce to allow s1é. loolkda.1e8ø than 2~ ot lot ~14~ at 10160 B1lluÑlJt-....JtecoJDended by 1'lanD1II& ColD- a1aaLxl Rno1vtSaD JIo. .260. . ,. Chal_ Gatea NS4 tIIIIiI'e were no objections trocI-1;be audlenee and th18 _po.--'td unanimously øiDee t'" nanning Co~1on telt 1:heFe -,.. be no t.armtul ettect on the nelghborbood . Mo,,!!d ~ CouncU~ ate1. seconded by Counclll118n P1nch, to adopt Resolutlon .~. 1094. AYES: Councilmen Pinch. P1tzgerald, Noel, Stokes. Demp!lter NOES: None Moticn caI':'ied, ~-O E. REPO?: 0;;- THE ARCK!7~ AND 51:':: APrROVAL CaounTTEE (See )o.'.::-.,tes of A;:ri::' V, 1965.) Cbalrman 5:::'S:8n said h~ >a:1 no addit:':::al comr::an-os ~o add to 't:-~ Ml;lt:.:-?s 3~ April 27~h. kved by .=:·..:.....'"'lcllman Fin.::!':.. se=onded ".:-:- CouJicl1::-.a.n Pitzge~ld, -:'0 appro''':- ::-.¿ H-Con'rc~ ::~:~s1on~ c:' ~;,rl1 27) lSSS. Mo~~c~ carried, ~-O TI: r"'~..IC r:=:t.=_:~S T!1ere we:"'! ~cn4!. n:J: ClRDINANCBS A.'iD RESOLUTIOfiS POR ADOPTION A. Ordiœ::ce No. 310: Hotel-Motel Tax. Second Reading. JIoved by C';:.:l.cilman Noel. seconded by Councll:::an Fi~zgerald, to have 0!'d1nance No. 310 reað b)- tHle only. JIotlon carri~~, 5-0 ~s was ::oce by the Cl\.y A'ttorncy. JIoved by ""uncilman P11;z~rald, seconèad by Counc1:oan Noel, to enact Q:-j1nance No. 310. AYES: Cc-:.c1lmen Pinch, P1~zgerald, ~0el, Stokes, Dempster IDES: Nc:1e JIot1Dn carried, 5-0 ~- . . VIII PAYINO BIU~ A. RESOWfiONS NO. 1091 and 10Ç2. ~surer Fl:~se!'81d read Fesolution No. 1091. Jlc)red b:r Councilman Noe1, sec<)~,j.£d t:o CO'.U1cllcan Stokes, to 8dopt Reaolutlon No. 1091. . .'~"H .~. <, .,~ . ....... ,~; ColmC1la1en FL"1ch. P1tzgerald, Noel, Stokes, Dempster None JlDt1øn carrIed, 5-0 " '~" ,t!'a!í.'\lNr P1ugerald ·reed JlelOlutlon No. 1092. 1ÌDYe4 by Councilman PinCh. seconded by Counc1lJDan Stokes, to 8dopt n~'Olutlon 110. 1092. A~: Councllmen P1nch. Fitzgerald, Noel, Stokes, Dempster JIOgs: None Motion carrI~; 5-0 IX REPORT OF OFPICERS A. REPORT OF CITY TREASmlER He had r.cth1ng further to r~:~~t. B. REPORT C:' CITY MAJ\'AG2R ì. In ~ègard to t~~ joint meetlns with the Water Com- ~~ssi~n which has been set up ~0r May loth, neither th~ Chal.~n nur the Vice-C~irman will be able to at~end. Wi~h the Council's peroisslcn, the City ~na- ~e!' would l~~e to set up another date for this meeting ...r.en all t::c Wate!' Cù"",issloners and Councllmen will be a:'le to be presen.. He felt that he co'.\ld rove tl".1s coordinated by Þ".a:r 17th_ Moved ~Y' Councilman Noel, seconded by Councilman Stokes, to ha"e the Clty Mltr.ag.tr set a new d¡¡,te for the joint Meting with the Wat.er CoCll:llssion. Motlon carried, 5-0 2. Mr. Bradley, who ls oonnected with the Santa Cla::'& Co"",..ty IIospltal Adv1sol'7 COIIIDlssion, has adviaed us that the Board ot Superv1 '}ors have decommlssioned th.. Ht-spltal Coaalsslon, who had contacted Cupertino to see H' we would be interested 1n having a hospital survey made and the Council had indlcated an interest 1n th1s. 3. Regarding the DeAnza L.I.D., the City Manager said he expects the appraúera' reports this week. This w111 have to do with the perl?hery s~reets. 1:. Oak Dell Ranch requested perm1Bsion at the last meet- ing to plant tre.. ço act itS a bu1'1"er on Stevens Creek Blvd. The Start recommends the trees not be planted at the proposed 10:atlon becw;se within the next 5 to 10 years, when Stevens ere,,:: l)lvd. w1l1 be improved a::'one; hel-e, the publlc would not wan. the large trees ¡''e::lOved ar.:! t~e retIIO'I.-al would be an added expense. -5- · ., It '~ould be difficult to locate them in the sidewalk area becau~e the telephone ce~le IB suspençed immedi- ately above th1s area. If Duc &: Ell10t ,:ant to plant tree~, it is ~~e S~f'f's reco~~endation that they do so at the ta~~ o~ t~~ s:ope& Mayor DeClpster asked 1"or cOI:1::1:mts fro:n ti"·.. audlence. ..,".-!<. '!r. Jack ROgers. represe;¡tati\'e of' Due '" Ell1ot, said that troa the top ot the slope to t~e bottoCl, it 1s 7 to 8'. It 1IOuld be quite soce t':'1De before these trees, 11' planted at the bo1ötoll or the slope, 1IOuld 3ct as a burrer. Counc:Uman Pit.S.rald telt 1öhat plac1ng the trees 1n the proposed 8pc.t ,tua1ö means the7 would have to M removed whim the street 18 iIIPJ'Oved. It placed at the base of the slope. the7 110u1d be of persnent va1ue to the neighbor- hood. Moved by Councilman Pinch, seconded by Councilman Fitzgerald, to deny the request of Oak Dell Ranch to plant trees upon Stevena Creek Blvd. Mot1on carried, 5-0 5. There was dlscussion of a new City Seal at the last Council Cleet1ng. ~he City Manager was asked to con- tact Miss Ballantine to ?lace an order and ask for her company'S proposal. I'.r. E':11:::; has also becn asked to prepare somethlng for the Cou~cl1 to evaluate. 6. In regard to the possible signalization at Rodrigues and Sarato~a-Su~~Y'·~l~ Road, th9 City MarÂger wrote to the State ~ivision of H1~h~ays and they replied that 17 01" the 22 accidents recorded at this location du"ir.g 19ó3, 1964 and 1965 were rear-end type and this type of accident al~ost in.ariably increases after signals are installed at 2.:1 intersection. Counc1lC18n Fitzgerald said that the State is aware of the problem at this intersection but evidentally they are go1nb to wait until someone is killed here before they are w1l1ing to do something about it. H~ feels we should pursue this further. Cou~cilman Stokes asked the Director ~f Public Works wh'it h1s op1nlon ls about stacking lanes for this intersection. The Director of Public Works said the principal reason the State does not feel we need lights here is that they would create more r~ar--end accid~nts. Stacking lanes might be the answer at this time. The Clty Attorney suggested we ask our police depart- cent for a report on their observations for allevlat- ing the preble::! at th1s intersection, and we could submlt these statistics to the State. So moved by Councilman Fitzgerald, seconded by Councilman Stokes. Motion carried, 5-0 -c- - - c. REro?: CP DIRECTOR OF PUBLIC WO?.KS ~ > ì;~f~:-:·:' , ".-.'" , ~.-.,,-, ~\: - ,- j;,;;,::",'; . .,,,,":"'A"'_ç~ ;;J'~ {~~':'::i~:~~~ ~ ~-, '-I,:,,'" The ¡)~~~or of' Public Works I'tated tr.at Items 1 through 6 of his ¥:"1~-ten report are merely pro:;ress reports. 7. ¡¡" vere requested by the State HlShway Divlsion to eBtab- l1s!1 plan lines on the sou~h side of Home¡¡tead Road, 1"or the purpo~e of _tabUshing the 1ntcnt by the Clty to prcT1de for a poe81ble future street w1dth of 110'. S1Dce the f1e14nñew, Mr. D. 11. Soa¡en, of SUnrJ7V81e, IIu requested' we àh1tt,our plan 11M 10' t\lrther south, _1rf~ a reqûÛiI4"ruture deè.lcatlon of 75' 1n8tead of 65'. ,..' '. ',... ~ '- , ..." 0' ~'._ ", _ lIr. Stet1'an1; ilt;b tfIé - ald of ae1'1&l pbotop'apha of the project, offlle1: tile atreet where necesll&1'7 to clear ølst- ~ erpBna1ve"den1opll8DtS. The proposed plan, a1tbough DOt ..,.etr1c&1.dOri fultl11 the condltlona requested by the State, w111 aat1il!:r Mr. Somer's request, and does not put undue hardship on the property _I'll 10 that area. Dra1l1ngs from the County are forthcomlr.g. 8. The Grading Ord1DaDce ls just about ready. 9. E1gt:IP..y 9 Trafflc Studles. The State Highway Dlvlsion In Sa= ?rancisco 1ndlcate they are in favor ot channelizatlon t~ a~d 1n the e11m1nat:on of rear-end acc1dents caused by le:-:-~ming veh1cles in the fast lane. 10. ~:-:~.:: slgnals at Mary Avenue and EUmestead Road. II:. :. M. Somera has requested we SUbCli'; our pI'. ">sa" tor a c~=.¿;e in the allgnment of Mary Avenue and they ..ould 11;:~ :0 ¡-.ave it toClOrroW, May I:th. The Dlrector of Public W:!'~~ proposes a slightly dlfferent angle around Homestead IE;:::', :¡-.an was preVl0uBly proposed by h1s predesscr, whlch "o~:~ ~ean a sligh~ly greater land acquisition from the S:~:::, for the extension of Mary Avenue nort~erly fr?m J~_~;¿!'O Serra Freeway. Cc.::,: :.::::an Sto:tes as::ed if ~::iS would create greater eese 1r. :~¿ ~low or traf:~c~ T~~ ~~~~ctor o~ Public Works said tt.a: ~: would. Mc',:-: =;.- Counclloan Stu::es, seconded by C..;.:..""ilman Noel, tc ~.a';~ ~he proposa" tl'.at ~::" D~rec~o:o of Public WoròcB fa';::-S ~ubm1tteè. to Mr. Somer!' C:1 ~~,e follolling day. Motion carried, 5-0 Th" :~:J Attorney said there haV!! been SOCle recent changes in ~~~ !'~les 1"or deannexation. The City Manager felt t~s :~"ld be resolved by ha'/lng Sunnyvale purchase that po~l~~ of property needed for this extension 01" Mary Ave=~~ and then sell It to the City of Cu~ertino. He fONs~s no probleo here. ~~. ~tt ?.;::ad Crossing or Regnart Creek. The Dlrector of Publl: '''orks said problelDB relatlng to 1"inancing of this pro~!!::; are apparent. A cost analysis has been prepared for e'."l'-'8tlon by the Council. Co~:~n Finch reques~ed a study sesslon be set up for this. The C1ty Manager said the budget is now belng pre- pare': a..'1d perhaps this project should be discussed at the tice :: discusslona on the budget. -7- j.,-" .>,,,., J. ''!- -- . . ~~r Der.rcstl!r :'~1"'; it would ':e a:lv~sab:'e to M'Te s:l the '2'-S a"al'la"le "&"'0- _.',,~- ,~,. c!e~~ S' cns on ~'11s ___.. ". ... ~_..... ,.....~_.-b '-oa,¡ ..._ _ ~...1. P:. Ward Crt,D:;JJ aa1d ~:~s pro::7~:: caee ã~O;.:.t beca';.;.se of the ~r to an 1Iho d:':'ve :." ::-':3 ..rea. Ee was the one who 1::.s~1gated l.t, and now he wc'.;:.i ¡l;ce to tflthdraw from the ~b Road project coa;!letelj :ecause he feels his Baywood ~ce Bo." 5 hall been held ò:p too lor.g. He would like to s:abèt b1aMtat1ft Kap tor :3a¡Wood Terrace No. 5 as BOon as poaa1bU¡' ~ CarmCUIIiD ø%~ asked J!:r'. Crump 1: there vas any ~s.al'·Õ" . ~ on h1s ;art to do on th1.s proJect. ..' . ~ ~.' JIIQOr ~MI' .~ JIIl". CruII1I1f 1t ls h1.s deslre to meet :;: ~ to attempt to resolve the BI1bb Road Xr. CI'\IIIp '.s4 he jast vanta to hg1n BQWood Terrace #5 2=d 1IOuld l1Jœ to back a'lay trcm th1S project altogether. ~ Director ot 1'I1b11c Works sa:'d 1"1nal plana have been S".;~tted. !bare are dra1naE"e proble:ns tt'.at should be ncd1t1ed and tb18 can be acc~=pllshed v:'"';h0ut anythln~ to ::= wlth the BQbb Road bridge rroJect. R2;0r Dempster aa:'~ the Co;:~~11 will discuss this further It: the adjourned oeetih(; on ':'.;es::la~·, X8y :8, 8 P.M., at ~::r Hall. ;:,=-oRT OP CI~ mlGINED~ HENRY ~; Mt. Cres~ Jrive south of Linda vista Drive. The lmpr?vements ~sve been ~o:npleted and it ls the recom=en:1ation o~ :~e City Engineer that tht'y be acce¢ed. 0"' 1>Jved, b:1 Co=cllœn l1oe:, ~ecor.ded 1:y Councilr.;an ?:.:=gerald. Motion ca~=~~dJ 5-0 -. TRACT NO. 3783, BAYWOOD :~CE, maT NO. II; west side ot Linda Vlsta Jr:'ve at Columb~s Avenue. The improv_ts have been ==,,?leted :ll1d i~ is the 1'''- comuendatlon o~ the Ci~y ?!'.¡;ineer ~ accept them. _", ::oved, b::r CouncllC18n Sto::es, seconde1. by Ccur.cilœn Noel. o' BLANEY SOOPPING CENTER; ~..;:,:h slde e~ Ste"'ena Creek Blvd.. 100' east o~ Bla::e:- Avenue. ':'he :::unicipal improV!lIlnts have been ~O"s;>ected ar.d the necessary correct1oDll have been maè.e. The City Engineer reco"'-. autt'.orizat_ion ~o inform "';he developer and his bonding coopany tt.a: :::e :'mprovement bonds .....ay now be retired. 5= 2:>ved, b)" Councllman Noel, seconded ~y Councl1man ~,:zgeral~~ Mot::'cn carr~ed. 5-0 .:. CAiIRIAOB œlS (STONESON); north side of Stevens Creek Blvd. at; 11:".1'7 Avenue. ~e Division or Highways t.as 1n1"0~ ~fte _C1.t:v that allot Stoneson'sobligations re the r1g1r.;--of'-"a¡r negct1ations moVe been met so the t-oDlfa ISS7 ~ releas~. " -v- The Cl"J Engineer requested a,:~~orlza~lon to inform the developer and his bonding co~pany tr.at tr.e improve- ment bonds Qaj now be retired. SQ TOoved, 1:>. Councllm:Ï.'1 Noel, seconded 1:>y CouncllClan P.itz~~::-a1d. Mo~~on ca=~~eè. 5-C 5. PREEilAY AQlŒZ:·ø'TS. ':'he City Engineer recommended adoption of Resolut~.:m No. 1095 authorizing execution of A-"""I1t No. 1 to the "Agreement for Maintenance of State ~-in .the Clty of CUper-lno", dated Ma7 21, 1964. - So DIOVed, by Councilman Noel, seconded by Councilman Stokes. AYES: CouDc1:i.Mn P1nch. P1tzgerald. Noel, Stokes, Dempeter HOES: Hone Motion carried, 5-0 D. REPORT OF CI':Y ATTORNEY 1. The Clty Attorney attended the last H-Control Committee meet1ng &nd revlfJWed th~ new Ordinance with them and discussed procedures. He c~~e away feel1ng the Committee really kr~ws what they are doing. 2. Writ ot Mandate No. l670CJ7. The !'.ayor, the four Coun~ilmen, Clty Manager, Clty Cl~rk, and Chief Bulld1ng Inapecter have been subpoenaed to appear in Court on May l8th in rega.~ to the Thompson and Associates Vet. Cllnlc. :-~'õed by Councilman Sto:,es, 3ec;onded ~;¡ Councl1man Fir¡ch, ~: turn thls Clatter over to the Clt;¡ Attorne;¡ for advice. :10';10:1 ~a:'rled :-c _~e City Attorney said that, in this case, 1t is the duty :~ the Court to rev1ew the records of the City and deter- ~~e whether or not t~~ C1ty Council has ~ond~cted ltselt 1."1 the way of the Law. 1'.a."vor Dempster requested an ~ecuti·te Sess1011 at the end c~ this meetlng. E. ::.=:roRT Or-' BUILDING INSPECTOR He ~.ad nothing further to report. F. g?ORT OF RECREATION DIRECTOR I~ view 01" the tact there will be a jolnt meeting of the Cc'~cil and the Parks and Recreation Co~lss10n on the following nlght, the Recreation Dlrector had noth1ng to report at th1s meet1ng. G. RE.."ORT OF THE DIRECTOR OF PLA.!r.I:ING 5e r.ad nothing further to re;:crt. -9- -- X l'SFINISHED EUSDIESS ,n...<' '7 A. In 'regard to t:·.e April :0 - h let';er from !l.r. Ken Brown, President-elect o~ ~~~~~:ino L:0flS Clc~, in relatlon to thelr request 1"or two ::!'e>lor::" 3tand3 fur just this year s1nce they have already ~~ceived two State licenses, it was moved by Coun~11=~ Finch, seconded by Councl1man Noel, to grant the Lions Cl¡;.b's request for two 1"1reworks atllJlda tor th.! year 19Ó5 only. MotlC'n carried, 5-0 Moved _ Councilman Roel, seconded by Councilman Stokes, to inatruct the City Attorney to draw up an Urgency Ordl- nance 1D accordance with the above-mentloned motion. ,~ Motlon carried, 5-0 XI: II1!W BUSINESS A. There was none. Xl:I ADJOURNImfr At 9:20 P.M. the Councl: ad~curned to sn Executive Session. At 9:35 P.M.. it was moved ty Ccuncl1man Fitzgerald, seconded by Councllman Noel, to adJo¡;.:~ the meetlng to Tuesday, roay 4th, 8:00 P.M., at the CollinG School Llbrary. A FP¡¡OVEU: 13/ J. Robert Dempster Mayor A'l'TEST: ~~\ wA / ------ (LCd., ~ ~,. City ClerK -lO,·