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CC 10-12-87 CI'1Y C1P aJPERl'INO, S'J7œE OF CAI.nt:æNIA Interim City Hall: 10430 S. DeAnza BouleIIard 0Jpertin0, CA 95014 Tel....a.: (408) 252-4505 MINt7l'ES OF '!HE RIDJIAR Cl'lY CXUICIL mw:a'.uG HEW œ OC'lUIZK 12, 1987, ]k.l.UW'1 CXUICIL awœER 10500 1«RlH Œ'ANZA IDJIEVARD, W.tTòKl.'.uD, CAI.iIPœHIA 00-728 Mayer Sparks called the meeting to order at 6:48 p.m. SAI.I1.Œ 'lO '!HE FIAG mIl.. CALL QJunc. Pr.e.S .I.lt: Gatto, Johnsa1, P1\n3Y, Rcgers, Mayer Spm:Sœ staff Pl s_Jt: City Manager ()1inlan City Clmk O:Imelius Director of PUblic WOñœ visJccviå1 Director of P1.annin;r am Devel.........d. Cowan Assistant to the City Manager Brown Director of Parlœ am Recreatien Dowling ch...",,.dty Relations Officer l(rey City Attorney Kilian ~ -Naw. CEREJDŒAL MATlERS - PRESEmM'Iœ5 Mayor Sparks annœnced that oereaICI'1ial matters 1o'CUld be cxnmctsd later in the meeting. œAL CXJHJNICATIŒ9 '!his part.iat of the meeting is xeeerved for pèrSGl1S wishing to ðdch. - the CCJunci1 CI1 any matter not en the ~. Speakers are limited to five mimtes. In BaIt cases, state law will prob:wit the CCJunci1 frail 1IIaking any dec'isia1s with respect to a matter !lOt listed en the agema. Ann Alger, President, Mc.nta vista ~uvauoa L Assod'lticn, addressed CCJunci1 regarding United Cable Televisiat. She ~l.lsellted pictures of their hlilding am stated that they are still not oœplying with their use pemit. Director of P1ann.in;J and Devel.........Jt Cowan stated that the Planning Department had been infomed that the pallets formerly stored at the J:Juildinq site haV8 been cleared and that trucks are allooed to park in the back CI1 the brllding . -1- . Police and Fire . Code Enforce- ment Realignment of Pacifica and McClellan . .'.:.'~ MINUl'ES OF 'DIE oc.'I(¡JZK 12, 1987 CI'1Y caJNCIL 1'IUa".uG (00-728) CER9DlIAL MATŒRS - PRESENrATIcm Kayar Sparks and CCUnc. Pl\n3Y PL s ,t.ed proc::lamat1aw to the two tead1ers arxl six students visitin;r fma cur Sister city, '1'oy\:IJœWa, Japan. 'lhe visitors read a letter trail Mayor yllllli!lDlOto. S'W'F ~ 1. 01:al .I......... t.s by staff -.,~ -e1... and lI"hoIi "'EIicn of written .L~La. City Manager ()1inlan intot'llled 0::Junci1 that the :;olioe and fire study beinq cx:mucted wœ1d prå:)ably be pt_d.ed to them in NaveIdJer. He also infot'llled Council tha ': in r:ega%d to the Sheriff's CCI1t:ract, he is 0CX1tactiD;J other west: side cities regaMing the possibility of estab1ishin:.J emergm::y OCIIIIII.D'IicatiCl1S separate frail the Cœnty. 2. ~L frail Code Enfcu..........nt, hCAlsin;r code ooordinatia1 with other codes. Director of Planninq and Devel~d. 0:Iwan stated that he would la- L/L a detailed r~t to Council at their meetin;J of octå::Ier 19. 3. Code Enfw.___d. l"¥'LL frail PlanniD:J Director. Beœived. Director of PUblic Works visltaviå1 infœ:med CCJunci1 that the reaJ.!."........d. of Pacifica and McClellan Read WGS prcgress.in;r ani that '1'orr8 Averue wculd be opeIled for traffic this week. Upa1 beinq asked by Council, he stated that the "No t1-'l\1m" at Pacifica and H::Cle1lan intersect:.iat when the matori.st is pt. <'eedin;r north was a requirement of the state. When traffic stab" h'AII (a¡:praximatsly three IIICI1ths frail new) staff will Jlll:lÜtar that int:ere9ct:.iCX1 and if it "l1?""'.... that there wœ1d not be a prà:¡lem if a u-tum were allowed. he will request a å1arJ3e to allow U-tums. Council recpISted that he l~t back in Januazy. CXXJNCIL l<UUC1~ - None. -2- MINUI!S OF 'IHE ~I:IU< 12, 1987 CI'1Y <XXJNCIL =.UG (00-728) <XHD!Nr CAI.I!2IDm ocunc. It)gIIIrs requested remaval of Item 16, 17 am 18. It was IIICMId by ocunc. Jåmsa1, EoeCaided by ocunc. It)gIIIr'S ani p-e-1d unanhIcus1y with ocunc. Gatto atJstainin¡ en Item 15 am 17 to _uV8 the balance of the <l.._ d. caJ.erœr as subnitted. 9. Reso1utien No. 7320: "A Resoluticn of the City ocunci1 of the city of 0Jpertin0 Makin:¡ Deteminati.a1s am ~ the Annexatien of 'l'erritœ:y Designated as 'Upland Way 87-037' ~tsly 0.050 Acre Located en the West side of Uplarxi Way 8a1th of Rai%1I:x:M Drive, Sonnenblic:k (AFN 366-3-43)." 10. Claim for equitable imemnity and ~rative CXI1t.ril:A1t:.en: Rcsalie Fart:ana and Aldo Fa1tana v. Eileen Mendell, et al, Deny. 11. O::JtT'aint for perscnal injuries: Rcsalie Fa1tana am Alc10 Fant:ana V. Eileen Men:'Iell, et al, Receive. 12. Claim for ñ~ filed ŒI behalf of Jà1n Arthur Rcderic:k. Deny. 13. ApprcMù of Cable Televisien Þ.dvisaty o:mnittee grant. 14. ApprcMù of Fine Arts I'hnmi....icn allocatien of grant nr:rtiit':/ (~t Gallexy) . 15. Mimrt:es of the regular City ocuncil meetin;r of 5ept:eIIœr 8, 1987 (00-726). 16. RsID:M!d. 17. Remaved. 18. RsID:M!d. 19. Claim for ñ"""'ÇJP'", Rr::bert ÐJgers. Deny. 20. Resolutien No. 7321: "A Resoluticn of the City ocunci1 of the City of 0Jpertin0 ~ cc.ntract C21an]8 order No. 4 for Sts\IenS Creek Boulevaxd, Between ~ am Finch, Project 86-11.." 21. ABC License: (Valloo) . Hickmy FaJ:1œ, 10123 N. Wolfe laid -3- Ite1l8 removed Consent Cal. approved · a HIN!1lES OF 'nIE OCIODER 12, 1987 CI'1Y roJNCIL MEE:TDG (00-728) 22. ResolutiCl\ No. 7322: "A Reso1utien of the City ocunci1 of the city of 0Jpertin0 Settinq Date for Ca1Sideraticn of l\nn8Xin;J Area Designated 'ø::c:lellan ØC!Id 87-04,' ~~ Iocated CI\ the North side of ø::c:le1lan ØC!Id Bet\MeI'l ByJ:ne Aver1.18 aJñ MIldrid RaId, A¡prc:admately 2.42 J\creS, Menta vista Bible QIUrch (Am 357-12-42)." 23. Resolutia1 No. 7325: "A Resolutien of the City ocunci1 of the City of 0Jpertin0 Allowin;J certain Cl~~""" and DeIIIan3s Payable in the Amcunts and fraD the !\Jnds as Hereinafter Descri):)ed for salaries and wages for the Payxoll Period EIñin1 SepteaiJer 15, 1987." 24. Resolutien No. 7326: "A Reso1utiCl\ of the City ocunci1 of the City of 0Jpertin0 Allowin;J Certain (')..i""" and DeIIIan3s Payable in the Amcunts aJñ FraIl the !\Jnds as Hereinafter Described for General aJñ MisoeJ.].aneœs Experdi.tures for the Period EIñin1 september 25, 1987." 25. Reso1utiCl\ No. 7327: "A Resolution of the City ocunci1 of the City of 0Jpertin0 Allowin;J certain ('1..i""" and Dema.n:is Payable in the Amcunts aJñ fraD the !\Jnds as Hereinafter Described for salaries aJñ wages for the Payroll Period EIñin1 sept:eDiJer 29, 1987." 26. Reso1utien No. 7328: "A ResolutiCl\ of the City ocunci1 of the City of 0Jpertin0 J\eeE!Ptin3 Græ1t of -..-.,t for Roadway Pw::pcE''IY' fraD IardDark Prcperty, california (U~atiCl\, Ca1Sistin:J of AppraIdmatsly 0.006 Acre, Located en Merriman RaId." 27. Resolutia1 No. 7329: "A Resolutien of the City ocunci1 of the City of 0Jpertin0 AuthariziDJ ExecUticn of ¡):>fen:ed hp.-.-it with I.an:!mIIrk P...~-ty, A california Q¡l~tia1, for the ~aIr..œllt of Fra1tage Ala1jJ Merriman RaId." 28. Resolutiœ No. 7330: "A Resolutien of the City ocunci1 of the City of 0Jpertin0 AuthoriziDJ Executien of Defen:ed ~.........d. with steven C. ~ and Norine D. 'DY'"'V""'1 for the ~Vv~.t of Fra1tage Ala1jJ 0Jpertin0 :Read." 29. Reso1utiCl\ No. 7331: "A Resolution of the City ecuncl1 of the City of 0Jpertin0 ~ Grant of -..-.,t for Roadway PurpC5'es frail steven C. 'I1Y"'t"""" aJñ Norine D. 'IhaIp3on consisti.n; of Approximately .02 Acre, Located on 0Ipertin0 Road." þ -4- MINtm!S OF 'DIE OCIOBER 12, 1987 Cl'lY CDJNc:IL MEZrDG (CX::-728) 30. Rasoluticl1 No. 7332: "A Rasoluticn of the City cømcil of the City of 0Jpertin0 ApprcVinr:,J the Final KIp an1 ~uv........tt Plans of Tract No. 7993 - unit 2, IDeated en st.eJ.].in;J Read, Døvelc:ptr, Q~:I GI:aJp, :me" AcoeptiJxJ certain h..-.rrt:s, Autharizin...: Signirq of Final Map an1 ~ava-tt Plans' Autharizin;r th8 ExecUtia1 of ~..ewellt in o.....""'-t:.!cn '1hereWith." 31. Resoluticl1 No. 7333: "A Resoluticl1 of the City CXUICi1 of the City of 0Jpertin0 Autharizin:J Ex8cUticn of Ocq>exative ~......eut between the City of 0Jpertin0 an1 the City of Los Altos PraIr!dinq for the OYerlay of Foothill Bculevam at OJpertino's Westsm City Limits." 32. Resoluticl1 No. 7334: "A Resolution of the City CDmci1 of the City of 0Jpertin0 ~in:J oc:rrt:ract Qw1ge order No. 1 for HaDestsad Read and Hollenbeck Avem18/stsllin:J Read Traffic signal Modificat.icn, Project 4017." 33. Resoluticl1 No. 7335: "A Reso1utien of the City CXUICi1 of the City of 0Jpertin0 ~in:J o...,L......::t Qw1ge order No. 10 for Civic center Expmsien, Project 87-2003, City Hall, Library." 34. Resoluticl1 No. 7336: "A Reso1uticn of the City CXUICi1 of the City of 0Jpertin0 ApprcVinr:,J o...d....aCt Q1an; 8 Order No. 15 for DeAnza Boulevam wiàeninq, Project 86-20." 35. Reso1utia1 No. 7337: "A Rasoluticn of the City CDmci1 of the City of 0Jpertin0 ApprcVinr:,J o...d.......::t Qw1ge Order No. 7 for Saratoga-sunnyvale lad Wi.c:Isnin¡ Project 85-01, Traffic signal Modificaticn Project 85-06." 36. Aoœptanœ of City project perfcmœd urœr ......d....a.::t: Arn1al OYerlay Project 87-108 (Raisch). (No supp... t..1nq docI""""1ts required.) 37. Reso1uticn No. 7338: "A Reso1utioo of the City CDInCil of the City of 0Jpertin0 Authorizin:J Ex8cUticn of Deferred Ar,¡.........mtt with Iawrenoe C. Mayerle ani Pamela L. Mayer1e for the InprcI\TeIDent of Frcntage Alcn] San Felipe Read." 38. Claim for damages filed by state FarlII M.Itual J\11t.aII:bile Insurance CO. en behalf of 'lhaDas am carol zoland. Deny. 39. Claim for damages filed by Martyn Reyes. Deny. -5- · Sept. 17 .utes roved as amended Sept. 21 minutes approved as amended .ASAC 51,745.1 roved MINUTES OF 'IHE 0C10BER 12, 1987 CI'1Y OXJNCIL ME!:l'DÐ (00-728) 40. Resolut!a1 No. 7339: "A Resolut!a1 of the City ccunci1 of the City of 0Jpertin0 ~ Cl.ad....ðCt QIm; 8 order No. 1 for CðIIIIen Rœd ~..M.ueI.ts, Project 4009." Y2t§ --.... of the City CcAmcil AYES: Gatto, Johnsa1, P1\n3Y, Rl..Je:t:s, Sparks OOES: Na18. ABSENl': None. ABSTAIN: Gatto (Items 15 and 17 only) I'lDS REHJVED P1Uf cx::NSml' ~ 16. Mimtes of the adjcuxned regular City ccunci1 meeting of September 17, 1987 (CX>-726A). cnmc. Ru,¡d1::S requested that the mi.ra.1tœ reflect staff """"""'" ~ II u.t frail the Public Works Department ani also that at time of adjc:u..........t, refreshments were served and that Bells Acrœs America took place. It was IIICIIed by CcAmc. Rcget'S, seoczDed by cnmc. PluIY;W ani 1"'e--o unarûmcAJsly to ~..ne the September 17 mi.ra.1tœ as amended. 17. Min1tes of the regular City ccunci1 meeting of September 21, 1987 (00-727). Item No. 37 en page 9 was amended to shew that the Mayor and Mayor Pro ~a were the del~œs rather than S{'e<)i fic MIIIIIS. It was IIICIIed by CcAmc. Ibjæ:s, seoczDed by cnmc. Pl1.D1Y and 1"'ftft9d with CcAmc. Gatto abst".ainin;r to a¡:prcIII8 the September 21 mil'Iutes as amended. 18. Applicaticn ASAC 51,745.1 - Great western Bank: Recp!Stin:J awrcval of exterior modificaticns to an exist1n;r bank Þ1i1dinq located at the oortheast ~ner of DeAnza Boulevam ani Rcdrigues Avenue. 10520 S. DeAnza BcW.evam. Reo ·....-.ded for awrcval. It was IIICIIed by CcAmc. Johnson, seoczDed by CcAmc. Pl\n3Y ani ro>ee9d with O::u".c. Rcgers di.sser1t:in;r to a~ Applicaticn ASAC 51,745.1 per Architsctural and sits ~ o:mnittee Resolution No. 1326. -6- MINtJ'l'œ OF '!HE ocroæa 12, 1987 CIT\l CXC;cIL MEI!:l'DG (00-728) RJBLIC HFARDŒ 42. Aw-' of Arå1itectural ani sits ~ ~ttee decisicn en Applic:aticn ASN:. 51,742.1, mcdificat1ó;¡n of exist1nq s.ign i"-"':I'--, 0Jpertin0 Im, 10889 Narth DeAnza Bc:W.evard (Fred K. Reed, ~nBnt). Director of P1.annin;r and D8II8l~&t cowan reviewed the staff "........t with CDmcil. Fred Reed, ~""'1t am Manager of 0Jpertin0 Im, told CDmcil that today was the first tim& he had heard that the p.I...posed sign was not in CCIIpliance with the ordinance in regard to square footage allowed. He stated that tlw Im is 100k!nq for visibility for these ~ north en DaAnza Boulevard. JåIn Vidoviå1, owner, 1nfœ:med CDmcil that the sign 1oJCU1d add color en that particu1ar side of the Im, ani it 1oJCU1d not be visible tJ:aa Highway 280. It 1oJCU1d cnly be visibJ. after the car is en the en ranp to DeAnza Boulevard. He stated that the sign en the Marriott Hotel in Valloc will be seen tJ:aa the A eI ray. CCUncil ñi "'<',....ten followed:r:egardirr; the possiÞUity IIIi!Jcin;r the i"-"1-œed sign more visible frail the A e~ ray. Mr. Vidovich stated he thcught that was against the City's ordinance. It was m:JYed by CCUnc. Jchnscn, seoc::nded by came. Gatto and ~,..eed ~y to close the public hearin:J. cameil ñi.....JP...... mavin;J the i"-"~ sign toward the erd of the D,ndinq fUrther tJ:aa DeAnza Boulevaxd and stated that they 1oJCU1d not be against more flexibility in the size of the i"-v".œed sign if there CC1Ild be SCIII8 fUrther tsxturir¥1 en that side of the r.ni'ltiJ'q. It was IIICIIed by came. Gatto, secxnSed by came. RcgerS and par;o~ Ul'IIU1ÌIIICU5ly to ocntinue CC'I1Si.deratien of this ~, to the meetin;J of NcI\IeIIt)er 2. 43. AWeal of P1.annin; Ç'nmIi ....ien decisien, AW1icaticn l6-'IH-87, Bay Area CCI'IsUltants (Warren 'It1aley), tentative map to subdivide ate parcel into fœr parcels with lot sizes ran;in;r frail 7,500 sq. ft. to 8,500 sq. ft. , located en the west side of Clarkstcn Averua a~tsly 100 ft. north of Flintsh.ire SL...,.¡t (warren 'It1aley, awellant). -7- Public hearing closed Appeal con- tinued . . Public hearing closed . Appeal denied MINt1lES OF '!HE OCIDæa 12, 1987 CI'1Y CØJNCIL MI!Zl'I1G (CX>-728) Directar of PlarIlÚnJ and Døvel.....-d. cowan lWiøwed the appli.caticn with CCUnci1. warren Whaley, "R"",,,.rrt:, told CCUnci1 he did ~ the privacy CXI'I08m. He i'XlS ,<led a n8II pL~ deletin;J three of the two-staty houses ani 1eavin¡ the hcuse in the ~ right comer of the map as two stories. He statè that he -...culd lower that lot ani hire an aIi::Iorist to save trees. City Attomey Kilian informed CCUnci1 upcn bein) asked that they ocW.d ~ the tentative map subject to the oanditicn of rezaú.rx) the area to Rl-i. Batbara Fagundes, 1712 Dalton Drive, san Jcse, owner of a lot at the CO:t:J¡er of Flintshire SLL....ot ani C1.arksta1 AVEII'IJ8, asked these in the ...ñienœ 1otIo were oalOe:t:TlØd to rise. She sul:lllittsd a petitia1 qpJS1n:) the~,~ develcpnent ani pictures of her Pine trees in relat!a1Bhip to the property line. She recpested that CCUnci1 deny the aweaJ. ani keep the property as it is. Margot Bauer, 21597 Flintshire street, said that tJ:'affic in the area is already bad ani that no more is ~ in the neigtùJort1ood. She spoke in qpJSitien to the awlicaticn. Ms. Bauer told CCUncil that this site is the old cali estate and has hir.orical significance. Rich Parker, 21587 Flintsh.ire, also requested that CCUnci1 deny the aweaJ.. steve nv1n:), castletcn St.....et, informed CCUnci1 that he had cg;¡c-..eed. the first flag lot in that area abcut II8\ÆIn years ago. He found it hard to respCI1d to Mr. Whaley's n8II plan as he had not seen it in detail. He said if ~t \.'all bein) iJr9Seuted is a new plan, he -...culd like to go t:hrcu;Ih the entire ~oces.J again so the neighbomood does haV8 a chanœ to resparl. xr!shna ~, 21584 Castelton St...eet, told CCUnci1 that the two-staty house is in infr:iJ.geme1.t en existin;J haIIes. 'Ihree hooses -...culd be best, all of them s1n:)le-story. It was JIDVed by CCUnc. JåInscn, seconded by coone. Gatto and I"'eeed unanimcusly to close the pmlic hear1n:). CCUnci1 disc:u ¡sian follC7lo'ed regardin;J us¡J)le portiŒ1S of the lots as oarpared to existin;J lots. It was noved by CCUnc. Jàmson, secxn3ed by cnmc. Rogers ani l"'''''ed with Mayor Sparks <ii.ssentiDJ to deny the ~. -8- t MINUæS OF '!HE oc:roBER 12, 1987 CI'1Y CXXJNCIL MEE:l'JN] (00-728) PIANNIN:; APPLICATICIIS 44. A¡:plicatiat 13-t1-87 - Edwin an1 carol Federspiel - use Pemit to oc....L....JCt a 6-unit sin;Jle-fami1y planneú develo ,",-,11;. an1 Envir:røDental Review: '!he Plam1n::J carmissicn lee' ....-œ the grantinJ of a Negative Deol!l~tia'l. '!he property is located en the east side of Scenic Boulevard. Reo .,..-.ded far denial. (c::ontimed fran meet.in;r of Sef,t~ 21, 1987.) Director of P1annin;J an1 Develqment cowan reviewed Exhibit A, 3m Revisicn, with ocuncil an1 infozmed them that the neighbors are c::œoerned regardin) loss of privacy and view. He also stated that the issue of adequats ace e is subjective. Mr. cowan stated that he believes the issue concerns five versus six lots. 'lbe Plamed Devel~&t Zone basically states that the ~"'t"""'ty owner can retain six lots a'l the property ass"",i~ that the City ocunci1 ani the P1.annin:J t'romIi ....ten can filXi adequate 8"W'"e to the devel'¥""'&Jt as a tdIole. CCJunci1 has previcaJsly given diJ:ect:.ia'l to the aw1icant that the subdivisia'l aIvIo1lð basically fit the IXmII of a typical Rl subdivisia1. Mr. cowan stated that the awlicant is ~~in;J a 30 ft. wide privats ..L......¢. '!he typiœl setback 1«W.d be abcnt 30 ft. fran the cw:b. Usually it is a ten ft. parkway am a 20 ft. setback far a total of 30 ft. A carner lot ocW.d be less, a~tsly 22 ft. DiscolSEJion followed regardin) the point of "adequate aooese." City Attorney Kilian stated that he believed the ZCIÚDJ gave the qrt:ia'I of either six or five lots, depen:1in; upcn ..mat ocW.d be shewn by way of &X ¡ -& an1 regular City starx3ardB. Jim Jacksa1, attorney 1..ep:t: es mtin;r Jim slsk and Teny Brown, told ocunci1 that the furDamental issue is Wether thA deve1'¥""'&&t is to be five lots or six lots. He defæred to Mr. 1&.r.......10, attorney .."'t'L S.M.tiJ'1g Mr. and Mrs. Federspiel, the property owners. Anthony A. Iaggorio thanked ocunci1 for c:x:ntirArln;r the hearin:¡ fran the last meet.in;r as he ocW.d not be pres!!l&t at that time. He stated that in his qlinia'l ..mat was being t'li"(",~~'3d was six ~... Bldsti.l'rq lots fran a 1941 subdivisia'l. 'lhere may have been sane lot line dIan3æ pm;uant to the state Map Act, ~..mat is being presented is not a sulxtivisj.en as such. He stated that ocuncil was takin;¡' 40% off of tl1e lam available based en the elevation of 380. However, the city has no ordinance in regard to that. Mr. Iaggorio stated that urder the COnceptual ZOIÚJ'X] -9- t þ MINtJl'ES OF 'lHE ocroBER 12, 1987 CI'1Y CXXJNCIL MI!:E'I'DO (00-728) Plan 1\biå1 is part of 0Idinanœ 1031 cxniitia1S of a¡:proval it states that residential land uses will be allowed ani will haV8 the cptim of ooostructia1 within the existiD¡ prc:perty line CCI'Ifiguratia1 pmvided that an _~.Late _~e plan can be ~ for each in:li.vidua1 p%q)81:ty. Mr. T~.:,......lo stated fUrther than the }IO."i"""ty involved in the subject applicatia1 shall haV8 the cptim of rearrarqin;r lot lines alCD1 a cluster hcu5in;J fozmat a."'d¡or pmvidin;J the œmaininq areas DC( I n via private roadway stamards established under the City of 0Jpertin0 RlC zcnin:J district. He stated that this does give the }IO.'¥"Lty cwners the right to have a private road and that they are OCIIplyinq with all cxniitia1S of the ordinance. He stated that \ià!n sn-::ne meets all the cxniitia1S of the use pemit, it is theirs as a matter of right. He suggested tlL...uugly that cooncil ~ six lots rather than five. Di "o,....1.a1 followed regarc:lirg the 380 line 1oIhiå1 was IICIIIIEIt:túnJ develcped between staff and the Plann!n;r rr.m.i....icn ayin;J to f:i1ñ a break point 10tIere the terrain charges trail slcp into flat land. Upc:n bein;J asJœd by cooncil, City Attorney Kilian stated that it is his urØ!rstandin:¡ of the issue that if all the requirements of the use pemit and all the firxi!ngs can be made for that use pemit, the awlicant is entitled to a use pemit. Many of the firxi!ngs are rather subjective in nature. Mr. Kilian stated that in his cpinicn a key issue is Wether or not Council feels that there is ~ or ~te aoce¡;~ for each a18 of the in:li.vidua11ots if the lines do not~. He infœ:med Council that they did go en record previoosly that the lots o:W.d not be reocnfigured. 'ItIe altemate cpb.cn ~ be to cluster the haDes and at that time a different set of criteria would ~ly. At COJncil's recp.IeSt, Director of Public Works Viskavià1 reviewed the plan as }IO.l.5 "Led and \/hat ~ be required if Council ineisted that the street meet Rl st:æœIds. HI:'. Viskavià1 stated that the fire department had r8\,-iewed the plan and it does meet their stamatd. He stated that it is not the ideal ))ec:ot'M it is net the standard cul-ða --~, and SCIII8 type of haDmeIhead ecx:ess ~ be neoessazy. Mr. ~io stated that under the ~ of the City's œ:dinance, the prc:perty owner involved in the subject ~licaticn has the option of rearran¡in;J lot lines along a cl'1Ster hcu5in;J fozmat arxVor pmviclin;J the remainin;J areas of accese via priv..te roadway stamaros established under þ -10- . HINUI'ES OF '!HE ocroBER U, 1987 CITY CXXJNCIL MEE'1'ItG (00-728) the City of 0Jpertin0 RlC zcnin¡ district. Hø also stated that urœr ':he SUbdivisioo Map Act, the ~q>erty omer ccu1d rean"'n:J8 lot lines withaJt goin;r thJ:œgh a sutxlivisioo. City Attorney Kilian stated his opinioo that this was a zcnin;r issue. Mr. IlIggorio stated that the City ordi.narxø; creats certain rights, and the property cwnm;a are really insistinJ en these. Helen J\dzich, resident, scenic Boulevard, expre -~'I!d <XII........ :regaMin:J éK'·.....e far firefighters. She stated that there are no "real" t\riQ-stœ:y haDes in the neighborhood. 'I!Iere are SCID8 en (';0'1"lIIOI'1 J::ut that's not Scenic BoulevaId. She . MJC.I!9S six lots. Ge.....""" J\dzich w:ged CCmIcil to ~ave a ,""vi"""" of five m1SlIs. þ Diane 1"...." "nt Crosby infcn:med CCmIcil she was here to speak en her behalf and also that of her parents and sister We reside en SCenic Boulevard. She expressed ORXJSitioo to the ~,,¥)Sed aOO""e and stated that the privats ..t...ð8t starts CAIt lc~ther wide and then it turn 90 d.:.ft as ani sWltaneously narrows to a 30 ft. w'..de roadway. 'Ihen there is a small ra.II'X1abc:ut. She expressed the opinicn that this is not safe aO"V'e. She stated further that in her opinion it was rather unsafe to have ""'"""':t18 0CIIIinq into a blind OCQ,uer and bein;r met en ,mat in her opinicn is virtually a a'I8-WaY road by s; "'''''008 0CIIIinq CAIt. She stated that ~ ~i-rq into that ¡.4...perty cx:Wd result in a car spinlrlnJ into ate of the neadIy haDes. She stated that in her opinien the aoo-" issue has not been ~y ..ckh. e'l!d by the a¡:plicants. She also felt the setback fa an issue, and setbacks need to be revised. She stated that four cut of the six ~...Ý)Sed haDes do not meet the setback standards. She stated that the map "... ~s 1.ted at the meetin;J was not made available to the neighbar:ø beforehand. 'Iherefar:e, even tl1œgh there may be other <Xll1Oen1S, they have not had the "'W""'tunity to forlP"M:.e them. She stated that in spite of the City's efforts to give adequate notice, because the plans are not av:=ol1..hle until shortly before the meetin;J the ne!ghbortlood has not had the q;:portunity to meet in private and ili.....lf"" ocncerns and work out a revised plan. Mrs. Gallant Crosby stated that the ordinance ili.....'~-œ a need to address 1:he environmentally sensitive area due to its very steep slope areas alorg the easterly side of the property. She fUrther stated that surely skilled planners, developers and 1N>IÑ'".eJ::s of the city depart:Iœ11Œ determined 'oIhat woold address an environmentally sensitive area at Ioiú.ch time 380 degree þ -11- MINt1l'ES OF '!HE ocroBER 12, 1987 CI'lY <DJNCIL MEI!:l'ING (00-728) line was detemined. She stated that other prc:perty owners gave -.y 40% of their property when they oaapJ.ied with this plan. She stated that she is hq)in¡ that if it is not: in the mdinanoe, then it is in the City's General Plan which c:d:h. ¡ 1I1.'9S the envh...4D1!htal sensitivity of the _. She stated that she does believe the 380 ~ U' <X1IIBS frail the General Plan. 'lhe OCb,qJt of maintainin:) the flood plain in a natural settin:J is a General Plan policy. Ms. crosby stated that CCI1dition No. 6 says that a þ,i'dirYJ area shall generally be restricted to the flatter westerly porticns of the subject property to minimize the degJ:8e of disruption. She stated that brin;¡s up the issue of Wat is a b1i1dable lot on the property. She stated that the ordinance di......1~-9S the bp:>rtance of a 10,000 sq. ft. lot am it was the opinion of the Plannin¡ l"nIImi .....ion, the hq)e of the neighbors am in accord with the City cmncil that 10,000 sq. ft. lots were loaJœd upon durin¡ every ate of the prior meetin;¡s as bein¡ very iDportant. She stated that the issue hasn't been raised at this hellrin¡ am oertain1y has never been addressed by the awlicants. She stated tl1at in her opinion the mdinanoe gives the owner two separate options. one is for planned deve1~It, a cluster deve1'¥""'1t that meets the ccntiticns, the oansistency of the neighbv...l......d and ado.h: a lilies the envh.........ttal sensitivity of the area versus the original lot lines and that a canbination of these two options 'lni ""X)I...LL<.ISS the mdinanoe. R1i1 Shasker, resident of the area, stated that because of the many resc::hedulin;¡s am contiJUIations of this item, many other "'-"'.rs of the p.¡blic have not: been able to be p:t: aser.t at this meetin]. Mr. ~io stated that the flood plain is a false iswe am it is not even en the property of the ¡;r~ deve1,¥"""L. In regard to the ordina."ICe, he sta~ that the City III.ISt deal with the lan:Juage of the mdinanoe and not Wat may be hplied into it. In regazd to the map pre.ul1ted that night, Mr. I.aggorio stated that it is not a new map da1e by the awlicant but was prepared by staff for CCUncil's edification. In regazd to setbacks, he stated that if CCUncil \\,1Q,Ùd elbdnate the æ:bitrary 380 degree line am give the awlicant DVJre roan dc'<In the creek, then the setback lines cc:W.d I:Ie adjusted. Council di<:rUSsed the question of access to the varic:us lots as 1oIel1 as the circulation area, the t:urnarc:und, the width of the street, am the 380 degree line. -12- MINt1l'ES OF 'lHE OC'roBER 12, 1987 CI'1Y axJNCIL MŒ.l'DG (00-728) Mr. JacJœa1 ___ SSM the ~inicn that bllsed en the criteria there does not: seem to be a way that six lots can be adûeved. He infcmaed COJncil that it has been called to his attentien that two lots haV8 been ~ for tmldin¡ below the 380 degree line. It was mved by Coone. P1\n3Y, s..o.A..:Je.:l by Coone. Rcge1.. and pass 1.11'IaIÙJIICUS1y to deny A¡:plicaticn 13-u-a7 per Exhibit A, 3m Røvisicn, as pns_,t.ed by staft Aaptcting the 380 degree line and set:bIIcJæ, finding that the pIan as þL st..1led is det:rimenta1 the health, safety and 9<4111i11.cù. welfare of the perscns res!d!n;J in the area and that the property involved is not: adequats in shape and size to aœ- ...,. œts the ....~ uses beca11se of lack of a<x ¡:, and the ....~ plan does not: meet Rl standards, ani Lot 19 is of specific ocn::ern becan"'Ø of pmlic safety, specifically in regard to the ability of fire vehicles to maneuver. 'Ihose p1. sant wre 1nf0l11led that any reapplicatia1 wculd start frau the beginnin¡ of the ....~. 'Ihose within a 300 ft. radius wa1ld be notified as had ~Ied with the þL sm..t applicatia1. ~: 9:20-9:35 p.m. 45. Awlicaticn 4H1-87 - ARCX) Oil - Use Pemit to operate a 1,550 sq. ft. ccnvenience store snack shcp at an existinq sæ:vice statia1 arñ to c:x:I1timJe dispensinIJ of motor fuels arñ Enviza1ment:al Review: '1he P1anni.ng cnm.i...icn reo:> ·..·-llds the grant.in;J of a Negative no"".."ticn. '!be project is located en the scutbwest cxnuer of Foothill Boulevard ani Silver oak way. Rsó ·,·,-·Ided for denial. (Ccat.i.med frau meet.in;r of septed:)er 21, 1987.) Director of PlanniD:J arñ Devel.....-IL Q:Jwan reo.ri.ewd the p1."iQqJ. with COJncil. Jasper Pauli, statien manager, told CCJunci1 that he had III8t with the neighbors and addressed the -I.......... of ¢OI;--.II: hœrs of cperaticn, cleanliness, ¡am......."irq. Mr. Pauli says he has hired a gardener arñ requested that ARCX) iDprcve the site en the neighbors' side. In regard to the noise level, he has told his enployees that there is to be no 10iterirq at the station arñ the delivet:y of fuel has been å1anged frail night to the regular ~ hcurs. He stated that the ....~ convenience store will offer a different product line than the Mci>il staticn dcM1 the road. '!be line will include 90% groceries arñ 10% beer and wine. He stated that at the Plðl'll'Ún;J o:r.missicn he had 100% neighbor a¡:prcval. -13- 13-U-87 denied HDIt1lES OF '!HE OCIOBER 12, 1.987 ~ CXJUNCIL MEE'l'DG (OO-72g) a¡gh o.mningham J.~ !sentirg ARCO reviewed the """qœed lalmcapirg and parJci1'1q. Fred Haxmon, ard1itect, reviewed the site plan. Ted Forsyth, resident, read a letter frail Tony Ø1zzicato in cgalition to the traffic ani noise. He expressed octlC8XJ, regardin;J potential 10iterirg ani litterirg. He said it wcu1d. be an upgraclin;J of the site and ocnvenient to walk to. Mr. Forsyth said he wwld not å)ject if it were ~ with the cxniiticns as worked cut by þi......'t ani the station manager. At the Plal'l1'Ú.1'¥J ()œImi ....ien, staff was ooncemed regardin;J the noise. He stated that an¡ prå:)lems :øust be ccntrolled or the sale of aloc:hol shcW.d be elbúnated. In addition, the statia1 manager had prnni....... daily trash pickup. Mr. Forsyth did not feel the pl.anrIin¡ l"nmIi~ion had cxasidered the ~.:..e ¡t betWeen the neighbothood ani the station. 'lbe staticn wœld be cpn 6:00 a.m. to 10:00 p.m. ani a scund barrier wcu1d. be or:.œtrocted between the station ani the neighboJ:hood. Albert Bateh, haDeowner and 1JusineE"''''''1, told CCAmcil there are four beer, wine and grocery stores within a 3/4 mile radius ani only two servioe staticns wet of aJI:b laid. He expressed the q>inion that the City shcA1ld '"'""'I""nsate the small 1Jusinee-", Wen it lets service staticns sell groceries. Gasoline cannot be sold at his store. He said that the neighborllocd is lime than two bloc:Jcs. He also expressed cancern that teenage E!IIPlayees with sell to their peers. Dick Young, resident adjacent to the ARCO staticn stated that if the statien manager followed the """~ rules the þ...~ wwld be a great iDprovement to that comer. An:D:ew Tam said tl.e store wwld be o::nvenient ani spaIœ in SUJ:P01."t of the awJ.icant. A gentleman residin;J a¡:proxinately 1/4 mile away frail the site said that it wwld be CXJJWenient ani an bprovement. LarIy 1.00, 22616 Silver Oak way, spaIœ in cgalitien to the store. He asked if th&t lot were the right place far a mini market. He wwld rather see a seniar citizen center or a ðay care center there. He stated that the """~] is inconsistent with the rest of the neighborl1cod.s Mr. Pauli said that the seniar hane across Foothill has no problem with the awlication. -14- MINt1mS Q,,!, '!HE uC.LUtzK 12, 1987 CI'1Y caJNCIL JŒ:I!:I'IH3 (00-728) It was 1IICMId by Q:AInc. Pl\n3Y, S8CXI'Ided by Q:AInc. Jålnscn ani pe¡"S'ed 3-2 with CCUnc. Gatto and MIIJIar SpInicB di - et/t1nJ to d81y the applicaticn. œAL CXIH.1NICA1'ICIIS laIe Hinders, ;teei"-lt; next to the All A1\IIIric:an ~in;J Center, stated that she had bought her hcœe in 1971. Sbe )Mo s .ted pictuJ:es taJœn shortly befar:e the Q:AInci1 IIIII8tin;J shoiIin;r water draininr::J frail the neighbarin¡ àmå1 )Mo~t.ž into her yard. City Manager 01in1an stated that staff did meet with the àmå1 putar that attømocn. '1be pastor was told he DUSt remCJ\/8 the e!!t!-n dirt ani that a mú.sance abatement )Mo'..: was Ioein;J instituted. He ~--œd that Mrs. Rimers CXI1tact Assistant to the City KIIr:;g;sr BrcM1. ~ AND srm APPRJVAL CXHnTlD APPLICATICIIS 46. Na1e. UNFINISHED wsmæs 47. Naw. Nœ HmINESS 48. Acceptance of rMi.gnat:ia1 fra11 Aråú.tectural and site A¡p:tJval o:adttee ._.~.., Deborah Nobel. It was D:JVed by CCUnc. Jåmsa1, seoCludød by Q:AInc. P1\n3Y and p"ø-ed UlIIII'IiJDcusly to ~L the rMi.gnat:ia1 with ~dt., and po. s It Ms. Nebel with a pl&'l:!e of ~. 49. Q:nJi.d&raticn of ard1nance pråúbitin¡ pIIrldn;r en Lindy lane durinq oert:ain p.m. hcurs. (a) First readin¡ of o:tdi.nIIme No. 1427: "An Ordinanœ of the City CCJunci1 of the City of 0Jpertin0 A1IIe!rIdin;J Sect:.ien 11.24.160 of the 0Jpertin0 JtJniclpal axæ, Relatin¡ to stcwin;J, standing or Paxicin;r, en Lindy læ1e and canycn view Drive. " It was JD:MId by cnux:. Pl\n3Y, seconded by cnux:. Gatto and poe",«\ unanimcus1y to reed 0I'dinan;::e No. 1427 by title a1ly and the City Clmk's readin¡ to ooostituts the first :r:eaclin;r thereof. -15- 41-U-87 denied Nobel resig- nation from ASAC First reading of Ord. 1427 ." 7-U-87 clarified . . HINt11ES OF 'IHE OCIOBER 12, 1987 crr'i CXXJNCIL MEE:1'DG (00-728) SO. Clarificat!a\ of ocnlitions of ~ - A¡:plicatia1 7-U-87, William Avery. It was moved by 0::uIC. JåInsOn, seoaded by 0::uIC. ~s an:! paee'!!d \1I'IIIIÚ:IIØ1Sy to ocrx:ur that the 1IDt.icn for awroval was int:enied to refer to the list of t..· ...,-'Ided ocnlitions an:! not ocnlitions ocntained in planninq t"rnrni -ten Resolution No. 3012. 51. P.LiUlItation of Feasibility ~L to create a redeve1,¥"""lt MJ8f'C/ for the Rancho Rinca1ada area. Director of p1annin;J an:! Devel'¥""'¡L Cowan reviewed the annexation an:! patentia1 redeve1"",""",tt of Rard10 Rincc:.œda area with Ccu1cll an:! introduced steve Goldfartl an:! Jac:k Nagle of Goldfartl an:! Lipnan. Mr. Nagle infomed O::uICil that in order for an area to qualify as a redeve1c:pœnt project area it 1IIJSt be ~.å....i'1antly utbImized an:! ~","""'i'1æ'ltly blighted. He stated that å::IVicusly the area is uzbanized. To qualify as blighted, hcI.¡ever, is nr.:>re oc:aplicated. 'Ihe area 1IIJSt contain one or Dm'8 redeve1c:pœnt needs, not bein;J cured by private means. 'Ihe City has been sperxiin;r 1b.1sin:¡ Rehabilitation PUma in that area. Mr. Nagle oc:nt:.inued that the area north of stevens Creek Ba.1levaJ:d is not blighted b.1t can be i11c:1uded if it is fo.m to be r-eary because of the interrelatiooship of the two areas. An aW'-,¥",iats prV<jJ:aDl woold i11c:1ude hcusin:¡ rehabilitaticn, parks an:! c:pæ1 space, street iJIprcvements, storm drairIs and sanitaxy sewers. CNer a 3Q-year period it "It"""''''6 that there wc:W.d be a $20-35 million spen:lilq ~"UJ.LáIA. '!he revemI8 woold be available to the <¥!l'Cj. City Manager Quinlan, in regard to the MeøII::Iran:hII of ~ with the ccunty of santa Clara, stated that the ~,~ MX1 favors the ccunty nr.:>re than art¡ other a.,¡..~.t they have. However, the ccunty has stated that it does not want to lose art¡ IIt:Di!'f at all b.1t wants to receive the same as it woold have received. Mr. Quinlan stated that in his opinion that makes the annexatien an:! redeve1~ unfeasible. CUpertino w:W.d suffer a net loss of $185,000 annually based on a good MX1. Mr. Quinlan stated he is not rec:x:mnenlin:J art¡ fcmnal action at this time. He suggested that Cooncil refer the matter back to staff to be presented to Cooncil when it is ready for action or to awrove the concept an:! authorize the staff to inform the ccunty that 1rI'e woold like to proceed an:! request their ëU1S'Ner. -16- MINt1l'ES C1P 'IHE ocroBER 12, 1987 CI'1Y <DJNCIL MEE:l'DC (00-728) Mr. Goldfam told Q:Qcll that JIœt of the i"'~ ptOject area is in the cmnty am the cmnty has to authorize the City to i"'.........d. Mr. GoldfIlJ:b expbi'Ø! the i"'''-;';- of redsvel~.L. City Manager ()linlan stated the benefits of the annexatia1 are hard to quantify !Jut CXXISist of suå1 thin;pI as the ability to work in the area, to "^",,L..ul devel~d., the ¡:ossible aoquisitia1 of sæ;p.rick SàIcol i"''¥'Lty as a park, am if 0Jpertin0 High SåIoo1 were ever smplused, the City oculd acquire that sd1co1 '\:hrQ.Igh redeYel~d. funds. In ðdditiœ, the ag\æJCy oa.ùd fund a transfer statiœ. 'nIe Gann Umitaticn would increase via annexatia1 of that pop'" "'tiœ. 'nIe president of the Rancho Rinocnada ~ Associatiœ thanked Mr. ()linJ.an for his efforts. He stated that the As9OC:'iatiœ does want to go fcnward with annexatien. '1bey are tired of h1i1din) bprcvements beinq made wit:ha.1t pem!ts am other types of code violat!a1s. '!be Associatiœ wants to tum their """"",,nú.ty aroond. He stated that a¡:proxjJnately 100 Rancho Rinocnada residents are part of the HaDeowners Associatiœ !Jut others do attend their meet:in;¡s. aJrrel I.ea1ard, Val1co, said he has reviewed saœ of the material !Jut no inp.Jt has been asJœd of Val100 to date. Mr. I.ea1ard stated he is not ~~I:.ive to CXIIIbining' Val100 with the cmnty am will have his staff talk with City staff. It was IIICIIed by o:ux:. Jàmsa1, seccn:1ed by o:ux:. Rogers and pae~'9d \II'IarIimoosly to authorize the City Manager to ~ the cmnty regardinq this matter and state that the majority of Q:Qcll "-"".rø a¡:prcve the OCI"'"'""l'L. staff shall ...""t'ULt. beck when there is fUrther informatia1 regardin;r an !Ø1. 52. J\dqIt:.ia1 of ~,"""'1TëÙ resolutiœs, 0Jpertin0 :Redevel....".....íL kJerICY. (a) Reso1utiœ No. 7340: "Reso1utien of the City o:ux:il of the City of 0Jpertin0, Designatin;J a suxvey Area in the City of 0Jpertin0 Pursuant to Health am Safety Cede Sect:.iœ 33310 Et. seq." (b) Reso1utiœ No. 7341: "A Resolution of the City o:ux:il of the City of 0Jpertin0 Authorizin;r the CUpertino Redevel"¥"e,,t kJerICY to Borrow Maù.es frail the city of 0Jpertin0 and the Agreement to Repay SUCh lœn am Reimburse the city for Q:)sts InoJrred. on Behalf of :Redevelopnent Efforts." -17- City Mgr. to approach County re redevelopment . .. and read- ~ of Ord. 1412 Ord. 1412 enacted Second read- ing of Ord. 1426 Ord. 1426 enacted . -...-..-¥..........,...-,--.-..-."" HINUl'ES OF 'nIE """,LV...".. 1.2, 1987 CI'1Y CXXJNCIL !'IUò....uG (00-728) (0) Rasoluticn No. 7342: "Resolut.icx1 of the city CCUncil of the City of QJpertino, AssigninrJ o:rwultant Aq.;_rt: to 0Jpertin0 Redevel_d. 1qtIIrr;y. " No acticn. ADJOORNMEm' 'lO MEET.DÇ OF aJPERl'IOO ~ ALÐIC\C No acticn. 1'I1u'.L'.L1:Z'l a:tHJNICATIŒ9 53. None. œDIN1INCES 54. Seoa1d readin:.J am enactment of orclinanoe No. 1412: "An 0J:diname of the City of 0Jpertin0 Amendinq O1apter 16.52 of the O¡pertino MJnic:ipal COð8 Entitled 'Prevention of need nmage'." It was IIICIIed by CCUnc. Pl\n3Y, sec:xJnded by Counc. Gatto and l""999d 1.IJ1IU1imcI.Isy to read orclinanoe No. 141.2 by title aùy and the City Clmk's readin;J to <X.I1Stitute the secc:ni reading thereof. It was IIICIIed by Counc. Gatto, sec:xJnded by CCUnc. P1\n3Y and p"eee:11.1J11U1imc1.1sy to enact orclinanoe No. 1412. 55. Seoa1d reading' am enactment of orclinanoe No. 1426: "An orclinanoe of the City CCUncil of the City of QJpertino Amendinq Title 19, zaún;r, of the 0Jpertin0 ØJnicipal Code, by l\àiin;r O1apter _, sett.iIYJ Fotmat cañitialS am ~. ,,-""""'.-res for Pemit:tirg BeIIerIIg8 Ccntainer p.:.ñ""'l't:.ien and Recycl!nJ centers." It was IIICIIed by CCUnc. Pl\n3Y, secorv:'Ied by CCUnc. Gatto and p"e-9d unanimously to read Ordinance No. 1426 by title aùy æxi the City Clerk's rea.:lirç to oc:nstitute the seocn:i reading thereof. It was IIICIIed by CCUnc. Gatto, secorv:'Ied by CCUnc. Pl\n3Y am p"eeed unanimously to enact Ordinance No. 1426. RESOWI'IaIS 56. None. -18- MDI!11ES or '1H! VCJ.UiZK 12, 1987 CI'1Y cnJNCIL IŒI!:l'IIÐ (00-728) t"rMlP.!'l avm:ITQf (a) IWrIdin¡ litigat.1œ (Gc7......II...4rt~ 0XJe secticn 54956.9 (a) . aillc rate pœtal pe:mit, ~ sœne. By .....__, C:ux:!.l CØltin.Ied this matter to the meet:iD:J of octcbIr 19. (b) Initiatirq litigatien !54956.9(c). (c) Significant expœure to litigatiœ. (GaII...........t 0XJe 8ecticn !54956.9(b)(1). (d) laJ:)or negct:.iatiCl1S (GoI..ool......1t 0XJe secticn 54957.6). (Gc7v............1t 0XJe secticn (e) Negot:.iatia'ls for pm:t1ase, sale, excharç8, or lease of ~ .....~ty (Gall............,!:; 0XJe sect:.ien 54956.8). '!he meetin:J was adjcm:ned at U:45 p.m. -19-