CC 08-18-80
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CITY OF CUPERTDIO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: 252-4505
MINUTES OF THE REGULAR MEETDIG OF THE CITY COUNCIL
HELD ON AUGUST 18, 1980 IN THE CONFElERCE ROOM, CITY HALL
CUPERTINO, CALIfODIA
Mayor Rogers called the meeting to order at 6:45 p.m. in the Conference
Room of City Hall.
ROLL CALL
Counc. Present: Gatto, Plungy, Sparks, Mayor Rogers
Staff Present: City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
Assistant to the City Manager Brown (left at 7:20 p.m.)
STAFF REPORTS
1. Oral reports by staff members and submission of written reports.
City Manager's Report
Request for Bingo Games at Senior Center - It was moved by Counc. Plungy,
seconded by Counc. Gatto and passed unanimously to approve requests that
bingo games be allowed at the Senior Center. These games will be for
seniors only and fiscal operations shall be separate from the City funds
- 'tn no tax funds utilized in any manner whatsoever.
Revised Procedure Regarding Weed Abatement - It was moved by Counc.
Sparks, seconded by Counc. Plungy and passed unanimously to approve
streamlining the billing procedure on weed abatement by placing charges
on the property tax bill. An ordinance will be presented to Council to
revise the Municipal Code.
Cupertino Civic Center Parking Facility - By consensus, Council contin-
ued this item to the meeting of August 25, 1980.
2. Discussion of Kaiser Permanente Noise Walls.
By consensus, the ~.ayor was aut~lorized to write a letter to the County
regarding Cupertino's concer~~ regarding the aesthetic aspect of the
Kaiser-Permanente .¡oise walls.
3. Reprogramming of Community Development Block Grant Funds.
CC-512
Page 1
Bingo games at
Senior Center
approved
Weed abatement
billing proced-
ure
Con t inued
Ka iser no is e
walls
By consensus, Council approved request for a reprogramming of Community CDBG funds
Development Block Grant funds from the Street Improvement Project into
a water line project to be done in 1980-81 fiscal year for approximately
$22,000.
C~2
PW2
Temporary
trailer for
Good Samaritan
, Church
Temporary
trailer for
Compression
Labs, Inc.
Taxi coupons
.
Legislative
Review Comm.
Review of
County General
Plan
.
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MINUTES OF THE AUGUST 18, 1980 CITY COUNCIL MEETING
4. Temporary trailer facility (Good Samaritan Church) - Southean co=ner
of Homestead Road and Linnet Way.
It was ~ved by Counc. Sparks, seconded by Counc. Plungy and paned
unanimously to approve a request fr~ the Good Samaritan Church for
a temporary trailer faeility (two yeara) on the southeast corner of
Linnet Way and Bomeatead Road.
5. Temporary trailer facility (CoIIpreaaion Labs, Inc.) _ l!ast side
of Tantau Avenue, Southerly of Calabazas Creek.
It was lIOVed by Counc. Sparks, secondeel by Counc. Plungy and paaaed
unanimously to approve the uae of a temporary trailer fadlity (not
to exceed one year) for Compression Labs, IDe. - east side of Tantau
Avenue southerly of Calabazas Creek.
It was ~ved by Coune. Gatto, seconded by Counc. Plungy anG passed unan-
imously to af'prove the request of Mrs. Marie Wille for a second booklet
of taxi coupons in the month of August.
(City Clerk Note: Assistant to the City Manager Brown left the meeting
at 7:20 p.m.)
COUJICIL REPORTS
Legialative Review Comaittee - By consensus, Council took the following
action regarding legislation: AS 2376 - no poaition; SB 467 _ oppose;
SB 1972 - s~~port; AS 2464/2853 - oppoae; SB 1352 - continue to support;
AS 2603 - oppose.
Cities have been requested to respond to the draft County General Plan
no later than October 4, 1980. Staff will report to Council regarding
the draft Plan no later than the meeting of September 15, 1980.
At 7:30 p.m., the meeting was adjourned and reconvened in Council
Chamber at 7:35 p.m.
SALUTE TO TIlE FLAG
ROLL C,\LL
Couoc. Present: Gatto, Plungy. Sparks, Kayor Rogcrs
Staff Pres,~nt:
City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
City Attocney Kilian
Director of Finance Snyder (8:10 p.m.)
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MINUTES OF THE AUGUST 18, 198(), CITY COUNCIL MEETING
PUBLIC HEARINGS
42. Application 27-Z-80 of Albert L. Russo: Re::onin¡ approxiaaLd7 .3
gross acre from R3 (Multiple family reaidenCial) co CG (General
eo-ercial) and Environmental Review: The PlaDllina eø.1aeion nc
IUUds the granting of a Negative Declaration. The .abject property
is located On the north side of Stevena Creet loa1...r4 approxi-
mately 500 ft. easterly of De Anza Boulevard. Rec~elecI for
approval.
(a) First reading of Ordinance No. 1039: "An Ordi_ce of the
City of Cupertino Amending Sectioa I of Ordiaauce Ro. 2 by Re-
zoning Approximately .3 Gross Acre from a3 to CG; Located on
the North Side of Stevens Creek Boulevard Approximately 500 Ft.
Easterly of De ADza Boulevard."
PLANNING APPLICATIONS
45.
Applications 9-TM-80 and 13-U-80 of Albert L. Rusao: Tentative Map
to subdivide approximately 4.3 acres into two parcel a equaling .3
acres and 4.0 acres; Use Permit to construct a parking lot and En-
vironmental Review: The Planning Commission recommends the granting
of a Negative Declaration. The subject property is located on the
north side of Stevens Creek Boulevard approximately 500 ft. easterly
of De Anza Boulevard. Rec01lldeDded for approval.
It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan-
imously ~~ continue Application 27-Z-80, 9-TM-80 and 13-U-80 to the
meeting of October 6, 1980 as requested by the applicant.
It was requested by a member of the audience that Agenda Item No. 56 be
considered followin~ the Consent Calendar.
CONSENT CALENDAR
Mayor Rogers requested that Item No. 35 be removed from the Consent Cal-
enda r .
It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan-
imously to approve the balance of the Consent Calendar.
10. Resolution No. 5362: "A Resolution of the City Council of the City
of Cupertino Maki..g its Order Describing the Boundaries Designated
as 'Pasadena 80-9' to be Annexed to the City and Ordering Annexa-
tion without Public Hearing as Provided by Law; Approximately 0.37
Acre Located at the Southeast Corner of Pasadena Avenue and Granada
Avenue."
11.
Resolution No. 5367: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amount and from the Funds as Hereinafter Described for the Period
Ending July 23, 1980."
CC-512
Page 3
27-Z-80,
9-TM-80 and
13-U-80
continued
Item removed
Consent Calen-
dar approved
_1~
"bunS OF THE AUGUST 18, 1980 CITY COUNCIL MEETING
12. Resolution No. 5370: "A Resolution of the City Collftci.L of the
City of Cupertino Allowing Certain Claims anel DellaDda Payable in
the Amount and from the Funds as Hereinafter Deacribeel for General
and Miscellaneous Expenditurn for the Period ~ndinl July 29, 1980."
13. Resolution Ro. 5371: "A ùsolution of the City Council of the City
of CupertiDo Allowing Certain Claims and l'ell:8nds Payable in the
Amounts and from the Funds as Bereinafter Described for Salaries
and Wages for the P"x'iod Endinr. July 15, 1980."
14. Resolution No. 5372: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claims and Ilemanela Payable in
the Amount and from the Fund9 88 Hereinafter Described for General
and Miscellaneous Exp~nditur~ for the Period Ending August 5, 1980."
15, Resolution No. 5373: "A Resolution of the City Council of the City
of Cupertino Declaring its Intention to Order Vacation of a Portion
of Mann Drive Located First 100 Ft. North of Stevens Creek Boule-
vard, Retaining it as Public Utility Easement and Sanitar)' Sewer
Easement 88 Provided in Section 8320 et seq. of the Streets and
Highways Code of the State of California, Fixing Time and Place
for Public Hearing and Providing for Notice Thereof."
.
16. Resolution No. 5374: "A Resolution of the City Council of the
City of Cupertino Declaring its Intention to Order Vacation of a
Portion of Bandley Drive Located at the Southeast Corner with
Mariani Drive, as Provided in Section 8320 et seq. of the Streets
and Highways Code of the State of California, Fixing Time and
Place for Public Hearing aLd Providing for Notice Thereof."
17. Resolution No. 5375: "A Resolution of the City Council of the City
of Cupertino Auth..rizing Reimbursement to Terry Brown from Master
Storm Drain Fund for Master Storm Line Constructed in Conjunction
with Tract No. 6574."
18. Resolution No. 5376: "A Resolution of the City Council of the
City of Cupertino Authorizing Reimbursement to Richard Childress
from Master Storm Drain Fund for Master Storm Line Constrccted
in Conjunction with Tract No. 6028."
19. Resolution No. 5377: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 1 for Traffic
Signal Interconnect System PrograDlDing Project 79-20."
20. Resolution No. 5378: "þ, Resolution of the City Council of the
City of Cupertino Approving the Parcel Map of Property Located
at the Southeast Corner of Bandley Drive and Greenleaf Drive;
Developer, Eldon Hoffman (Any Mountain) and Authorizing the City
Engineer to Sign the Parcel M&;, II
.
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MINUTES OF THE AUGUST 1'1, 1980 CITY COUNCn MEETING
21. Resolution No. 5379: "A Resolution of the City !:ooncH of the Cit)'
of Cupertino Arproving Contract Change Order No. I for Creøcent bad
Pedeatrian Walk, Project 80-54."
22. Reaolutinn No. 5380: "A Resolution of the City CoWlcil of the City
of Cupertino Approving Parcel Map and Improvement Plau of Property
Located at the Southeaat Corner of Steveu Creek Boulevard and
Orange Avenue; Developer Sart t. Landauer; Autborizi:lg Execution
of Improvement Agreement; Authorizing Signing of Parc.el Map and
IDlprovement: Plans. II
23. Acceptance of City projects performed under contract:
(a) Mann Tank No.1 - Pittsburgh-DesKoines Steel Company.
(b) Mann Station Demolition - HcT.enzie Construction.
24. Application HC-51,267.1 - Florentine Restaurant requesting approval
of architectural modifications to a xestaurant situated in the Allari
Shopping Center. Said property fa located at the southwest quadrant
of RodrigueB Av"nue and De Anza Boulevard J.n a CG (General Co_rcial
zoning district. Recommended for a~proval.
25. Application HC-51,529.1 - Terry Brown (Monta Vista Development CaD-
pany) requesting approval of site, architecture, landscaping and
lighting for a 13-wit residential cluster development. S&i4 prop,~rt
is situated on the south side of Olive Avenue between Granada and
Imperial Avenues in an RlC (Single-family reaidential cluster) zoning
district. Recommended for approval.
26. Application HC-51,OI5.715 - Javelin Corporation (El Torero Restaurant
requesting approval of site, architecture, landscaping and signing
modifications for an existing restaurant located on the south side
of Stevens Creek Boulevard, easterly of Stelling Road. Said property
is situated in a CG (General Commercial) zoning district. Recommende
for approval.
27. Application HC-51,403.4 - Hawley and Peter30n (Mariani Investment)
requesting 3pproval of site, architecture, landscaping and lighting
for a proposed 93,500 sq. ft. office building to be located at the
northwest corner of De Anza Boulevard and Maciani Avenue in a P
(Planned Development) zoning district. Recommended for approval.
28. Application ijC-51.075.8 - Vallco Park. Ltd. (Tandem Computers) re-
questing approval of site, architecture, landscaping and lighting for
a 140,000 sq. ft. light industrial builJing to be located at the
northwest corner of Vallco Parkway and Tantau Avenue. Said property
is located in a MP (Planned Industrial Park) zoning district. Recom-
mended for approval.
CC-512
Page .;
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Hlmm!S OF THE AlJGUST 18, 1980 CITY COUIICIL MEE'l'IHG
29. Application HC-5I,259.7 - Heedee's Lounge (portal Plaza) requesting
approval of an exception to an approved aign progr.. for the Portal
Plaza Shopping Cen:er. Said property is located at the nortbea.t
quadrant of Portal Avenue and Stevens Creek Ioalevarel i4 a CG (Gen-
eral eo..ercial) zoning district. Recom.ended for approval.
30. Application BC-51,526.1 - Christensen's requesting approval of
an exception to Section 19345.40 (AI) of the City of Saa Joae
Zening Ordinance to allow a freeatanding sign on a lot that does
not _et llinimua street frontage requirements. Said properfy
is located on the west side of Saratoga-Sunnyvale Road. aoutherly
of Wildflower Way, in a C-I zoning district. Rec~ded for
approval.
31. Application HC-51,445.2 - Di Vittorio requesting approval of land-
scaping for a new office building located at the northwest quadrant
of De Anza Boulevard and Lazsneo Drive in a P (Planned Develop-
ment) zoning district. Recommended for approval.
32. Request for waiver of business license fees:
(a) American Rational Volleyball Association.
.
(b) Cupertino Kiwanis Club.
33. Approval of letter to Sumitomo Bank as submitted by Mayor Rogers.
34. Resolution No. 5398: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No. I for Three
Oalts Park, Project 1.'')-28.''
35. Removed
36. Minutes of the adjourned regular City Council meeting of July 29,
1980. (CC-5U)
~
Members of the City Council
AYES:
lWES:
ABSENT:
ABSTAIN:
Gatto, Plungy, Sparks, Rogers
~one
None
None
ORAL COMMUNICATIONS
37. None
.
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MINU1'ES OF THE AUGUST 18, 1980 CI'rY COUNCIL MEETING
PUBLIC HEARINGS
38. Report and assessment On abatelllent of we"s..
(a) Resolution No. 5381: riA Resolution of the City Council of the
City of Cupertino Providing for Lien· Aaaeas~ts and for the
Collection of S_ ltesulting from the Abat8llel1t of Public Nuis-
ances."
Mr. Yamagami, owner APN No. 366-19-039, stated that he usually clears
weeds himself an" felt he reteived inadequate notice cf the mstter. Fire
Msrshal Cliff Johnson verified that notice to Mr, Yamagam! had been re-
turned. Inspector Jim Wood of the Fire Marshal's Office confirmed that
the address had been marked undeliverable. He further stated that this
was the first :ille for the weed abatement process in the r~rgani::ation
area. Fire Marshal Johnson stat"d that his office handles 3,000-4,000
weed abatements per year and the Assessor's rolls are used for addresses.
He suggested that the 35% adain1strr~ive cost be removed fr~m the property
owner's assessment.
It was moved by CQuuc. Sparks, ::2conded by Counc. Gatto and passed unan-
imously to close t!le public hearing.
It was IDOvec! by Counc. Sparks, seconded by Coune. Gatto and passed unan-
imously to adopt Re801~~ion BO. 5301 with the fees for APN No. 366-19-039
reduced 35%.
NEW BUSINESS
56. (a) Consideration of motion agreeing to continuance of Local Agency
Formation Commission hearing on possible change of sphere of
infll.....ce.
(b) Resolution No. 5386: "A Resolution of the City Council of the
City of Cupertino Opposing Any Change of Sphere of Influence
with Respect to Property known as 'Creston No.4' and Opposing
the Resolution of the County Board of Supervisors Entitled,
, Resolution Making Application for Annexation of the Island
no>signated "Creston No.4" to the City of Los Altos' and Sup-
porting the Resolution of the County Board of Supervisors En-
titled, 'A Resolution Making Application for Anne-ation of
the Island Designated "Creston No.4" to the City of Cupertino';
Area Genera1!y Located in the Southeast Quadrant of Highway 230
and Foothill Boulevard."
Mr. Al Hockley, 22472 Ainsworth Drive, stated his belief that two errors
have been made. lie felt that at the August 5 Soard of Supervi"oI3 meeti g
the Board of Supervisors "trongly r"c01¡ mended annexation oZ ~:.~ area to
Los Altos and that Supervisor Steinberg's letter did not make that clear.
He played a portion of a tape from the Board cf Supervisor~ meeting.
CC-512
Psge 7
Public hearing
closed
f
Res. No. 53~1
adopted as
amended
c:.2
P 8
Continuation of
sphere of in-
fluence con-
sideration by
LAFCO
R';åNO.
a....d
5386
City Attorney's
appearance at
LAFCO meetings
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MIRUTI!S OF THE ADGUST 1", 1980 CITY COUNCIL MEETING
Hr. Jack Gildery. 22434 Creston Drive. stated that Council had already
created a aim11ar landlocked piece aroUlld Barranca Drive.
Hr. Frank DeppoDS. 10664 Baxter Ave. asked why Council would go couøter
to the win of the people and why would Council sidestep the wishes
of the Boarel of Supervisors.
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:' ~;AJ~ "~)1';;~Ø--; ;.,¡;,~_{_,!,:,:,
Mr. Steve Lewis, Starling Drive, stated that Couucil has respoD8ibil:1ty
to the City of Cupertino a:ld bv aDDexing thi4 unincorporated area of Cr..con,
the City was baying a $6,000,000 lawsuit.
',~' ¡~.:::}<-":~':;'~ ..~' (-;:;
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:' "'?"¡;.'.~:,~~i;.;i<-',-->,."
It was moved by Couøc. GatCo, seconded by Counc. Plungy and passed with
Courc. Sparks dissenting to approve continuation of sphere of influeaee
consideration by LAFCO to their meeting of October 1.
(City Clerk NOte: Director of Finance Snyder left at 8:10 p.2.)
It Was moved by Counc. Sparks, seconded by Counc. Plungy and passed
with Counc. Gatto dissenting to approve Resolution No. 5386.
It was moved by Cowc. Plungy, seconded by Counc. Sparks aD<! passed
unanimously to authorize the City Attorney's appearance at ~ny LAFCO
æeeting where items pertaining to Creston appear on the agenda.
PUBLIC HEARINGS
39. Application 33-U-79 of Gregg Bunker: Use Pel~it to operate a photo
drive-up window facility in conjunction with rEtail sales of photo-
graphic supplies. Environmental Review: The Planning Co_ission
recmsends the granting of a Neg'itive Declaration. Said property
is located on the northwest corner of Wildflower Way and Saratogal
Sunnyvale Road in a C-I (Commercial) zoning district. (continued
from March 17, 1980.)
Richard G. Hansen, attorney for the appellant. s~bmitted a petition
from neighboring residents stating no objection to the drive-up photo
window. He further stated there was ample room for landscaping around
the facility.
Mr. Yamagami, property owner, stated that Mr. Bun~er, the appellant, has
kept the facility iaBaculate and thac cars do not stack up. He further
scated that originally a Bank of the West was going to go on the property
with a drive-up window and the City of San Jose had given verbal agree-
ment to that.
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MINUTES OF TIlE AUGUST 18, 1980 CITY COUNCIL MEETUIG
Michael St~rgess, 5542 Begonia Drive, San Jose, said that he too had
attended the meeting in San Jose.
Frank Mulkern, Cupertino Chamber of Colllllerc'!, supported the Photo Drive-
Up application.
Sa1.Ly Jones, San Jose, a ..ales clerk at the Photo- Drive-Up, stated that
she had talked to residenta of the neighborhood and had received no nega-
tive commenta regarding the drive-up.
Kilty Fahey, 7447 Wild Flower Way, stated that she does use the Photo
Drive-up and likes the convenience.
It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan-
imously to close the public hearing.
It was moved by Couuc. Sparks, seconded by Counc. Gatto and passed unan-
imously to grant a Negative Declaration for the project.
It was IIIOved by Counc. Sparks, seconded by Counc. Gatto and passed unan-
imously to approve Application 33-&-79 subject to the following conditions
.
1-14. Standard Conditions to the extent that th..y do not conflict with
tta special conditions enumerated herein. In the event a conflict
does exist, the special conditions en''IIerated herein shall apply.
IS. The approval is based upon Exhibits A and B of Application 33-U-79
as may be modified by additioDdl conditions contained herein.
16. The applicant/property owner shall record a covenant obligating
existing and future property owners to enter into reciprocal ingres /
egress easements with the adjoining properties at such time in the
future as the adjoining property develops or redevelops; or upo~
any transfer of ownership of the subject pr~perty whichever comes
first. Said covenant shall additionally obligate said owner/
applicant to consolidate driveways if found to be necessary fr~m
a traffic safety point of view; with adjoining parcels at such time
as said adjoining properties develop or redevelop.
Council expresed their belief that the applicant was caught in a t1me
bind because of the boundary reorganization between the cities o~ Cuper-
tino and San Jose. Applicant wiU have adequate landscaping. Council
foUDd the Photo Drive-trp was desirable for public convenience, would not
impaJ.r the iDteg&'ity aDd character Or the di8tr1.ct, would not impair the
utility or value- of the ad~acent property or the general welfare of the
neighborhood and was not detrimental to the public peace, health, safety,
mr.rals or welfare.
.
40. Application 26-Z-80 of City of Cupertino (Columbus/Vai): Prezonillg
approximately 16 gross acres from Santa Clara Coun~y AI-lac (Agri-
cultural-Residential) and Rl-IO (one family residence, 1,000 sq.
ft. minimum lot size) zone to City of Cupertino RI-IO (Residential,
Si~gle-family, 10,000 sq. ft. minimum lot size) zone and Environmenta
Review: The Planning Commis~ion recommends the granting of a
CC-SI2
Page 9
Public hearing
closed
Negati ve Dec.
for 33- ~-79
33-U-79
approved with
conditions
.:0
Public hearing
closed
Negative Dec.
for 26-Z-80
26-Z-80
approved
F~~reading
"..... 1037
Publi' hearing
closed
~egative Dec.
for 10-Z-79
1.9
approved
MINUTES OF TIlE AUt.l1ST 18, 1980 CITY COUNCIL MEETING
40. (continued)
Negative Declaration. The subject property encolllp..... all un-
incorporated parcels located on Columbus Avenue and Vd Avenue
easterly of Bubb Road. Recommended for approval.
(a) First reading of Ordinance No. 1037: "An O¡dlnaDl:e of the
City of Cupertino Amending Section 1 of Ordinance 110. 2 by
Prazoning ApproJ.imately 16 Grogs Acres frOta Seta Clara
County AI-lac and Rl-IO Zone to City of Cupertiao aJ.-IO Zone;
Encompasses all Unincorporated Parcels Located OD Columbus
Avenue aT! Vai Avenue Easterly of Bubb Road."
It was moved by Counc. Gatto, seconded by CoUDC. Sparks and passed
unanimously to close the public hearing.
It was moved by Cowc. Gatto, seconded by Counc. Sparks aDd passed
unanimously to grant a Negative Declaration for Applicatioa 26-Z-80.
It was moved by Counc. Gatto, seconde-:l by Cowc. Sparks aad paøøed
unanimously to approve Application 26-Z-80 per Planning Co..tsaion
Resolution No. 2102.
It was moved by Counc. Plungy, £econded by Counc. Gatto aDd passed
unanimously to read Ordinance No. 1037 by title only and the City Clerk's
reading to constit~te the first reading.
41. Application lo-Z-79 of Hay Investment, Inc.: Rezoning approximately
1.4 acres from R3 (Multiple family residential) to P ~lanned
Deve10plDent with residential intent) zone and Environmental Review:
The Planning Commission recommends the granting of a Negative Dec-
laration. Said property is located at the northwesterl~ terminus
of Scenic Boulevard just south of Stevens Creek Boulevard. Reco.....
mended for ap?<oval.
(a) First reading of Ordinance No. 1038: "An Ordinaace of the
City of Cupertino Amending Section 1 of Ordinance No. 2 by
Rezoning Approximately 1.4 Acres from R3 to P Zone; Located
at the Northwesterly Terminus of Scenic Boulevard Just South
of Stevens Creek Boulevard."
Mr. Jason Chartier, Zl060 Homestead Road, spoke to Council regarding
the mechanical lift plannej to be used in the development.
It was moved by Counc. Gatto, seconded by Counc. Sparks and passed
unanimously to close the public hearing.
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed
unanimously to grant a Negative Declaration for the project.
It ;¡as move:! by Counc. Sparks, seconded by Counc. Plungy and passed
unanimously to approve .\pplicati"" 10-Z-7'} per Planning Commission
Resolution No. 2103.
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.
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MINUTES OF THE AUGUST Ie, 1980 CITY COUNCIL MEETING
It was moved by Counc. Sparks, seconded by Counc. Plungy and pas-.cl uoan-
imoualy to read Ordinance No. 1038 by title only and the City Clerk'.
reading to constitute the firat reading.
PLANNING APPLICATIONS
48. Applications 1:;:-nf-80 aDd 19-U-ûC of May Investment, Inc.: Tenta-
tive Map to subdivide the subjecl: pro;>erty into five parcela ranging
in size frolD apl'roximately 4,500 sq. ft. to 14,700 sq. ft.; Va.
Permit to ~onstruct five single-faaUy homes and EnviroDIMDtal b-
view: The Planning CoIIaiasioD rec_nds the granting of a Regative
Declaration. Said property is located at the northwesterly termious
of Scenic Boulevard just south of Stevens Creek Boulevard. Recom-
mended for approval.
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan-
imously to grant a Negative Declaration for the project.
It was mov"d by Counc. Gatto, seconded by Counc. Sparks and passed uoan-
imoubl¡ to approve Application 12-TH-80 and 19-U-80 per Planning Coaaia-
sion Resolution No. 2131.
;>UBLIC HEARINGS
43. Arplication 29-Z-80 of Gr _"e Clover: Rezoning approximately .2S
acre from R3 (Multiple family ra.sidence) to BQ (Quasi-Public
Building) and Environmental Ro!v1ew: The Planning CoIIIDission recom-
mends the granting of a Re¡;ative Declaration. The subject property
is located on the east side of Hiller Avenue approximately 150 ft.
south of Greenwood Drive. RecOllllllended for denial.
(a) First reading of Ordinance No. 1040: "An Ordinance of the
City of Cupertino Amending Section 1 of Ordinance No. 2 by
Rezoning Approximately .25 Acre from R3 to BQ; Located on the
East Side of Miller Avenue Approximately 150 Ft. South of
Greenwood Drive."
PLANNING APPLICATIONS
46. Application 15-U-80 of Grace Clover: Use Permit to convert a tri-
plex apartment building i~to a residential care facility for elder-
ly persons and Environmental Review: The Planning Commission recom-
m__.ds the granting of a Negative Declaration. The subject property
is located on rhe east side of Miller Avenue approximately ISO ft.
south of Greenwood Drive. Re~ommended for denial.
Miss Bernadine Narcisse addressed Council regarding the application. She
stated that animals over which neighbors have protested have been re-
moved from the site, and she submitted a letter regarJing her last state
inspection.
Kathryn Donahue, 7545 Rainbow, informed that her mother lives i~ the
residence a.,d enjoys living there. She is well cared for, and the home
is a community asset.
CC-512
Page 11
First reading
of Ord. 1038
Negative Dec.
for 12-TM-80
and 19-U-80
12-TK-80 an'¡
19-U-80
approved
CC~2
PW12
Public hearing
closed
Negative Dec.
for 29-Z-80
29-Z-80
approved
First reading
of Ord. 1040
BQ density
Negative Dec.
for 15-U-80
l5-U-'I0
approved and
r.red to
P ing COIIIID.
for conditions
.
~/v > ~"é~~~'~!'~?ir~~.
>~. ..',
IfINUTES OF TIlE AUGUST 18. 1980 CI'lT COURCIL MEETIRG
"
,
Susan Blakely stated that her mother-in-law Uvea in the facility aM
is very happy there. She spoke in favor of granting the sppUcadolt..
It waa moveel by Counc. Sparlut. seconded by Counc:. Plung}' anel passed
unanillOusly to close the pub1ic hearing.
It WItS moved by Counc. Sparka, seconded by Counc. Plungy anó passed
unanimously to grant a Negative Declaratlon for the project.
It waa moved by Counc:. Sparka, aecondeel by Cowc. Plungy and psued
unanimously t~ approve Application 29-Z-80 per Planning Commission
Resolution No. ¡107.
It was moved by Counc. Plungy. seconded by Counc. Gatto and passed
unanimoUSly to read Ordinance No. 1040 by title only and the City Clerk's
reading to constitute the first reading.
Staff was requested to do research regarding BQ density in Cupertino.
It was moved by Counc. Plllll&'1. seconded by Counc. Sparks and passed
unanimously to grant a Negativ.r Declaration on Application 15-U-80.
It was D>ved by Counc. Sparks, seconded by Counc. Plungy 3nd passed
unanilllOusly to approve the Use Permit and refer it to the Planning
CoIIIDission for conditions. It rill not be required to be reheard
by Council.
PUBLIC HEARINGS
44. Application 3G-Z-80 of Byrne Avenue Properties: PrezOning approxi-
mately .22 acre from Santa Clara County Rl-8 (one family residenc..,
8,000 sq. ft. m!nimua lot size> zone to City of Cupertino P (Planned
Development with re&ideatial intent) zone and Environmental Review:
The Planning CommissiOil recOBllendS the granting of a Negative
Declaration. The subject property 1s located on the south &ide
of Stevens Creek Boul~rd approximate~y 200 ft. easterly of Byrne
Avenue. RecOllllDended for approval.
(a) First reading of Ordinance No. 1036: "An Ordinance of t"e
City of Cupertino Aaending Section 1 of Ordinance No. 2 by
Prezoning Approximately .22 Acre from Santa Clara County Rl-8
Zone to City of Cupertino P Zone; Located on the So~th Side
of Stevens Creek Boulevard Approximately 200 Ft. Easterly
of Byrne Avenue.
PLANNING APPLICATIONS
47. Applicatirn 16-U-80 of Byrne Avenue Properties: Use Permit to con-
struct two residential dwelling units and Environmental Revi~:
The Planning CODlDission reco_ends the granting of a Negative
Declaration. The subject propert. is located on the south side
of Stevens Creek Boulevard approximately 200 ft. easterly of Byrne
Avenue. Recommended for approval.
MINUTES OF TIlE AUGUST 18, 1980 CITY COURCIL IŒETING CC-S12
Page 13
Richard L. Meek, building designer, rrlViewed the applica::::'on with Council.
It vsa .-oved by Counc. Sparks, seconded by Counc. Plungy and passed 1D18D- Public hearing
i.-ously to cloae the public hearing. c¡osed
It was moved by Counc. Sparks, seconded by Counc. Plungy ay,d paøaed unan- Negative Dec.
iwoualy to grant 3D-Z-80 a Regative Declaration. for 3D-Z-80
.
It was .-oved by Counc. Sparks. seconded by Counc. Gatto and passed ~
imously to approve Application 3O-Z-80 per Planning Commission Resolution
No. 2109.
It was moved by Counc. Sparks, seconded by !:ounc. Plungy and passed unan-
imously to read Ordinance No. 1036 by title only and the City Clerk's
reading to constitute che first reading.
It was moved by Counc. Sparks, seconded by CoImC. Plungy and passed unan-
imously to grant 16-U-80 and Negative Decl....ration.
It was moved by Counc. Sparks, seconded .j Counc. Plungy and passed unan-
imoualy tn approve Application 16-U-80 rer Planning Commission Resolution
No. 2110.
.
49. Application 11-TH-80 of Dennis Barry: Tentative 1'1.:>1> to subdivide ap-
proximately .6 acre into two parcels and Environment.~l Review: The
Planning Commission recommends the granting of a Negative Declara-
tion. The subject property is located 011 the uortheast corner of
Stevens Canyon Road and Ricardo P.cad. Recommended for approval.
It was .-oved by Counc. Sparks, seconded bv Counc. Plungy and passed unan-
imously to grant a Negativ~ Declaration for Il-TH-~~.
3O-Z-flO
approved
Pirst r',ading
of Ord. 1036
Negativ<! Dec.
for l6-U-80
15-U-80
approved
Negative Dec.
for 11-TM-80
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unar>- ll-TH-e::
imousJy to approve Application 11-TH-80 per Planning Commisgion Resolution approved
No. 2134.
50. Applications 15-TM-1J0 and 21-U-80 of Far West Savings & Loan Associ-
ation: Tentative Map to subdiviúe app'·oximately 1.9 acres into two
parcels equaling approximately 1.0 acre and .9 acre; Revision of a
previously approved use permit to construct 19 residential awelling
units and Environmental Rcview: Th~ project was previously assessed,
hence no action is required. The subject propelty is located on
the so' ,east corner of Stevens Creek BoulL"Vard a'1d Finch Avenue in
a P :.~anned Development with commercial and resid"ntial intent) zO'1i 9
dis:rict. Recommendea for approval.
It wag moved by Counc. Sparks, seconded by Counc. Plungy and passed with
Counc. Gatto abstaining to approve Applications 15-~.-80 and 2l-U-80
per Planning CODDltission Resolutions 2135 dnd 2136.
. RECESS: 9:40-9:50 p.m.
l5-TM-80 and
21-U-80
approved
CC~
PWI4
7/21 minutes
approved as
amended
RAANo. 5385
a'-ed
.
MIRUTES OF 'I'8E AUGt'ST 18, 1980 CITY COUIfCn. KlBTIRG
ARCHITECTURAL AND SITE APPROVAL ClHfiTT!l APPLICATIONS
51. None
ITEHS JŒH)VED PROM CONSENT CALI!HDAR
35. Minutes of the regular 'C~ ty Coonc:U _ting of July 21, 1980. (CC-510)
It was moved by Counc:. Gatto, seconded by Couac. Sparks and passed UDali"'
imously to ap¡>rove the lllinutea of the July 21, 1980 City Cowcil _etins
amended to show t:l8t with Counc:U ap¡.roval of Ap;»lication 24-Z-80 of
Clearlake Devel('pment Co., Application 12-U-80 wu denied.
NEW BUSINESS
54. Consid..ration of possible annexation of area designated "CoIU18bua1
Vai 80-36".
(a) Resolution No. 5385: "A Resolutior. of the City Couuc:il of the
City of Cupertino Initiating Proceedinga for the Annexation of
the Island Designated 'CoIUllbua/Vai 80-36', Approximataly 19.10
Gross Acres; Located on CoIUllbua Avenue and Va! Avenue Easterly
of Bubb Road."
It was moved by Counc:. Sparks, seconded b7 Couuc. Plungy and pass...d
unanimously to approve the Site Specific Plan of tile area desiguated
"Coluabus/Vai 80-36" and adopt Resolution No. 5385 initiating proceedings
for the annexation c.f the said area.
55. Consideration of possible annexation of areas designated "Crescent
79-SA", "Crescent 79-SB" and "Crescent 79-SC".
(a) Resolution No. 5382: "A Resoluticn of the City Cou~cil of the
City of Cupertino Initiating Proceedings for the Annexation
of the Island Desigu'!lted 'CrE<8c:ent 79-8 A', Approximately i3.5
Acres; Generally Located in the Ae.aBounded by Foothill
Boulevard, Stevens Creek Boulevard, Crescent Road and Cuper-
tino Road."
(b) Resolution No. 5383: "A Resolution of the City Council of
the City of Cupertino Initiating Proceedings for the Annexa-
tion of the Island Designated 'Crescent 79-8 B', Approxiæately
7.3 Acred; Generally Located North of Stevens Creek Boule-
vard and East of Crescent Road."
(c) Resolution No. 5384: "A ResolutiC'n of the City CouncE of
the City of Cupertino Initiating Proceedings for the Ar.aexa-
tion of the Island r'~ignated 'Crescent 79-8 C', Approximately
1.82 Acres; Locat~d North of ~tevens Creek Boulevard, South
of Cupertino Road along Carmen Road."
.
.
.
~
KIRÐTES 01' THE AUGUST 18, 1980 CITY COOlICIL nu;UaG
Mr. Bernarel Ponaegi, 22350 Cuptortino Road, requesttod that the area be
kept as rural as po..1ble with no sidewalks, guUera or street lights.
It _a _ved by CoUDC. Sparks. aeconded by CoUDC. P1ungy and passed with
Counc:. Gatto diaaentiaa to adopt Resolution 110. 5382 aDd approve the
Site Spec:ific Plan for "Crescent 79-8 A".
It was _ved by Counc. Sparks, aec:ondecl by Couac. Plungy and pus'" with
CoImc. Gatto diaaentiaa to adopt Resolution 110. S383 and approve the
Site Specific: Plan for "Crescent 79-8 an.
It was mc--ed by Counc:. Sparks, aeconded by Couac. Plungy and passed with
Counc. Gatto dissenting to adopt Resolution No. 5384 and approve the
Site Specific l'lan for "Crescent 79-8 e".
57. Consideration of request from Farmera Market - Saratoga-Sunnyvale
Road at Rainbow Drive with freeway right of way.
Mr. George Spencer. 6129 Shady Grove Drive, a business person on CIao
Road, informed thac tha area had bad probl_ with a previous facility of
the aaa. type.
Mary Good, 7344 ~dnbow ))rive, also spoke against the propose-i Farmers
Market. She "tated there was not adequate parking apace and there tight
be an insect a:td dirt problem.
Jordan Mada.n, 11426 Pinkert St., nearby property owner, felt this was an
improper localion.
S81II Jones, 16891 Stevena Canyon Road, stated that small growers have no
place to sell their produce and would like this spot for the growing
season until about Dec....er 1, 1980.
Bill Weber, an adjacent property owner. was concerned regarding rodent
ccr.trol and the 7:00 a.m. 'opening time.
Betty Mann, Cricket Bill'Road, spoke in iavor of the proposed Famers
Market.
Kathryn Beetle, property owner on Rainbow, stated that tenants were con-
cerned and did not want the Farmers Market located there.
Irene Jones, 10670 South Stelling Road, a member of t~ø F~rmers Mark~t,
expressed support for the location.
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed with
COUryc. Sparks dissenting to deny the request from the Farmer's .~rket.
It was suggested that Mr. Jones W01~ with staff regaraing an alternate
location. Concerns expressed by Council included access. restroom fac-
ilities and parking.
58. Requests that Council consider City gubsidies for the Co~nty Library
System.
Barbara Campbell, County Librarian, addressed Council regarèlng request
for City subsidies.
CC-512
Page 15
Res. No. 5382
adopted
Res. No. 5383
adooted
Res. No. 5384
adopte'.
Farmers Market
request denied;
alternate 10-
Ication
CC-512
P"-16
Ap~priation
for aa.istance
to lil)rary
Continued
Bids for traM
fer station at
Vallco
Scale model
.of grade
·watton
Four-Phase
:laim p3id
{es. 1\.0. 5399
Idopted
.
HINOTES OF TIlE AUGUST 18, 1980 CITY COUNCIL IŒETDIG
It was lIOVed by Counc. Gatto, secoodecl by Counc. Sparks and paa.... UDan-
imously to approve an appropriation transfer in the aaunt of $33.765
for assistance to the library cont1D&eut upon Santa Clara County prcwieliDg
funds for the lmincorporated area. The expen" ¡ture doea not include
the library boo!œobilo1.
59. Disc~sion pertaining to a Ci~ advisory committee on energy.
By consensus, discussion pertaining to a City advisory cœBittee on energy
was continuea to October 6, 1980.
60. Request for authorization to proceed with advertising the VaUco
Park bus transfer station project.
It was mo"ed by Cowc. Sparks, seconded by Counc. Gatto and passed
unanimously to authorize advertisina for bids for the Vallco Transfer
Station st,bject to final approve by the City Council and the County
Board c: Supervisors.
61. Request for authorization for $1.500 for a three-dimensional model
of grade separation for ne Anza Boulevard and Stevens Creek Boulevard.
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed with
Counc. Gatto dissentina to appropriate $1,50.: frO'll the G<.neral Fund and
authorize staff tobáW,prepa~"'a.<'~4,;t'_ional acale ·~"--.rna,the
proposed ~"de separation at ¡;>e Anza Boulevard and Stevens Creek BolÙevard.
62. Claim for damages fUed by FOl:r-Pbase Systems, Inc.
It was mov..d by Co...tc. Sparks, seconded by Coune. Gatto and passed unan-
imously to approve the filing of a late claim by Four-Phase Systems,
Inc. and authorize payment of the claim upon receipt of a notarized release.
63. Request for additional appropriation for slurry seal project.
(a) Resolution No. 5399: "A Resolution of the City Council of the
City of Cupertino Approving Contra~t Change Order No. 1 for
Street Maintenance - Slurry Seal Project 80-55."
It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan-
imously to adopt Resolution No. 5399.
64. Procedures fcr repair and mainte~nce of sidewalks.
I
(a) Ordinance No. 937: "An Ordinance of the City Council of the
City of Cupertino Adding a New Chapter 14.28 to the C~pertino
Municipal Code, Setting Forth Alternative Procedures for the
Repair and Maintenance of Sidewalks; the Making, Confirming
and CO¿lecting of Assessments to Pay th~ Costs Thereof; the
Method of Permitting and Perfo~ing Said Work, and the Ad-
vancement of the Costs Thereof from the Special Assessment
Revolving Fund."
.
.
.
KINUTES OF THE AUGUST 18, 1980 CITY COUNCIL MEETING
64. (b)
Resolution No. 5031: "A Resolution Describing the Procùur..
Whereby Repair. to Sidewalks Hay be Undertaksn and Finaaced
Pursuant to Chapter 14.28 of the Cupertino Mlmicipal Coele.-
It wu _yed by Counc. Plunay, aeconded by Cowc. Gatto and puaù _11-
imoualy to approve retainina the present sidewalk repair program and
not approve the ordinance .-: resolution enabling the City to ......
property.
65. !tequest for aut~orization to proceeel with De Anza medians and to re-
tain consultants.
(a) Resolution No, 5401: "A Resolution of the City Council of the
City of Cupertino Authorizing Execution of Agreement with Kier
and Wrigbt;EDgineering Services for South De Anza Boulevard
Median Islands."
(b) Resolution No. 5400: "A Resolution of the City Council of the
City of Cupertino Authorizing Execution of Agreement with James
H. Coleman & Associates; Landscape Architectural Services for
South De Anza Boulevard Mediana."
tt was _ved by Cowc. Sparks, seconde4 by Cowc. Gatto and passed unan-
.~ualy to adopt Resolutions 5400 and 5401.
66. Request for authorization to negotiate the purchase of a house on
Poppy Drive.
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unan-
imously to approve for staff to proceed with an appraisal report and
begin negotiations with property owners to acquir: the residence located
at 22514 Poppy Drive.
67. Request for appro¡>riatiOh to pay for work performed In conjunction
with multi-purpose room in Cupertino Library,
It was IIIOved by Counc. Sparks, seconded by Counc. Plungy and pasEed unan-
imously to appropriate $4,113.98 from the General Fund to pay for mod-
ification of the mult'-ourpose room at the library undertaken in 1978.
68. ~r~servation of historical street names.
It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan-
imously to support preservation of historical street names in Santa Clara
County. The Clerk will notify IGC regarding Council's action.
WRITTEN COMMUNICATIONS
69. Lett"r from the Santa Clara County Youth Commission opposing "cruis-
ing" ordinances as being discriminatory against youth.
It was moved by Couac. Plungy, seconded by Cou~c. Sparks and passed ur.an-
imously to accept the letter from the Santa Clar& County Youth Commission
opposing cruising ordinances,
CC-512
Page 17
Retain present
sidewalk repair
program
Adopt Res.
5400 and 5401
Proceed with
negotiations
for purchase
of house
Funding for
multi-purpose
room at library
Support pres-
ervation of
historical
street names
Letter re
"cruis ing"
accepted
..
CC-512
pel 8
Waiver of fees
for P & R
teachers
Second reading
of Ord. 1033
Ord. 1033
enacted
.
Second reading
of Ord. 1034
Ord. 1034
enacted
Second read i ng
of Ord. 1035
Ord. 1035
enacted
F. reading
o d. 1041
'-'~-;f':":"'T':':'"h~~:~'¡:·:
.
MIBUTES OF TIlE AUGUST 18, 1980 CITY COUNCIL MEETING
70. Communication fro. Joanne KatsWl8ga regarding waiver of buain...
license fees for Parks and Recreation teachera.
It was _ved by Cowc. Sparks, seconded by Counc. Gatto and pa..ed
......nf....usly to refer the request regarding waiver of business U,c:eø..
fees for Parks and Recreation teachers to the City Attorney.
ORDIlfABCES
71. Second reading of Ordinance No. 1033: "An Ordinance of the City
of Cupertino Amending Section I of Ordinance No.2 by Rezonill8
Approximately 2.0 Gross Acres frOlD R3 and Rl-IO to P; Located on
the North Side of Stevens Creek Boulevard Approximately 100 ft.
Easterly of Randy Lane."
It was IIIOved by Counc. Sparks, seconded by Counc. Gatto and passed
unanimously to read Ordinance No. 1033 by title only and the City Clerk's
reading to constitute the second reading.
It was moved by Counc. Gatto, seconded by Counc. Sparks and passed
un"nf""'U3ly to enact Ordinance No. 1033.
72. Second reading of Ordinanc~ No. 1034: "An Ordinance of the City
of Cupertino ~nding Section 15.16.050 :>f the Cupertino Municipal
Code Relating to Water Colllllispi;>n Meetings."
It was moved by Counc. Sparks, seconded tJ Counc, Gatto and passed
unanimously to read Ordinance No. 1034 by title only and the City Clerk's
reading to constitute the second reading.
It was IIIOved by Counc. Sparks, seconded by Counc. Plungy and passed
unanimously to enact Or<linance No. 1034.
73. Second readilUJ of Ordinance No. 1035: "An Ordinance of the City
of Cupertino, Amending Ordinance No. 220(i) by Adding Section 87.1
EJtablishing a Use Permitting Setback and Height Exceptions t~
AccolllllOdate Solar Equipment or Design."
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed
unanimously to read Ordinance No. 1035 by title only and the City
Clerk's reading to constitute the second reading.
It was moved by Couac. Plungy, seconded by Counc. Sparks and pas3ed
unanimously to enact Ordinance No. 1035.
74. First reading of Ordinance No. 1041: "An Ordinance of the City
of Cupertino Amending Section 11.20.020 of the Cupertino Municipal
Code, Deleting Vehicular Stop Required on Randy Lane at Forest
Avenue. II
It was moved by Counc. Sparks, seconded by r.ounc. Gatto and passed
unanimously to read Ordinance No. 1041 by title only and the Cuy Clerk's
reading to constitute the first reading.
·
·
·
~
MINUTES OF THE AUGUST 18, 1980 CITY Com;CIL Iwu~
RESOLUTIONS
H. Resolution 110. 5397: "A Reaolution of the City Council of the City
of Cupert1Do Aatbori:ling Execution of ~_t between the City and
Bart F. LaDdauer Proviåing for the UncIergrOUDclina of Utilities on .
Deferred Baats at the SOuthe....t Corner of Stevens Creek Boulevard
and Orange Av_."
CC-512
Page 19
It was moved by Counc. Sparb, seconded by Counc. Gatto and puaed unan- Adopt Res.
imously to adopt Resolution He. 5397. Bo. 5397
It was moved by Counc. Sparks, seconded by Cowc. Plungy and pasaed unan-
imously at ll:30 p... to adjourn to 7:30 p.m., Monday, August 25, 1980.
.(4 a
C'>.. a~.
C tyClerk ~