CC 09-18-78
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CITY OF CUPERTINO, STAIB OF CALlFOIINIA
10300 Torre Avenue. Cupertino, California 95014
Telephone: 252-4505
KIlmTES OF TIll UGULA1 MDTIIIG OF 'lBB CITY COtJRClL
HILD ON SEPTEM:lIR 18, 19'8, III TIlE COUNCn. ClWDD, CITY BALL
CUPERTINO, CALIFORNIA
Mayor Jackson called the meeting to order at 7:37 p.lII. in the Council
Chamber of City Hall.
SALUTE TO THE FLAG
ROLL CALL
Counc. Present: Meyers, O'Keefe (8:20 p.m.), Rogers, Sparka, Mayor Jackson
Staff Present: City Mansger Quinlan
Deputy City Clerk Cornelius
Director of Planning and Development Sisk
Director of Public Works Visknvich
Director of Parks and Recreation Butler
City Attorney Adams
Mayor Jackson announced that Counc. O'Keefe would arrive late as hc was at
a Knights of Columbus function.
At the request of Counc. Meyers, Item 11 was removed frolll the ConsenC Cal-
endar.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously by those present to approve the remainder of the Consent Calendar.
CONSENT CALENDAR
1. Resolution No. 4799: "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 Ge"eral and Miscel-
laneous Expenditures for the Eight Day Period Ending September 5, 1978 '
2. Resolution No. 4801: "A Resolution of the City Council of the City of
Cupertino Allowing Certain Claims and Demands Payable in the Amounts
and from the Funds as Hereinafter Described for General and Miscel-
laneous Expenditures for the Seven Day Period Ending September 11,
1978."
3. Resolution No. 4804: "A Resolution of the City CouncU of the City of
Cupertino Allowing Certain Claims and Demands Payable in the Amounts
and from the Funds as Hereinafter Described for General and Miscel-
laneous Expenditures for the Four Day Period Ending September 18,
1978."
4.
Resolution No. 4802: "A Resolution of the City Council of the City of
Cupertino Allowing Certain Claims and Demands Payable in the Amounts
and from the Funds as Rereinafter Described for Salaries and Wages
for the Payroll Period Ending September 12, 1978."
cc-435
Paae 1
Item removed
frOll Con.
Calendar;
balance of
Calendar
approved
~ -.. - ~'.
CC-~ 35
P.2
.
Item out of
order
.
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MINUTES OF THE SEPTÐfBU 18, 1978, CITY COUNCIL HEETOO
5. Resolution No. 3873.35: "A Ileaolution of the City CouncU of the
City of Cupertino Approvtn¡ Contract Chanae Order No. 8 for Vallco
Park Mses_t Diatrict 1974-2,"
6. Application HC-'l,075.8 - Vallco Park, Ltd. (Tend.. Computers)
requesting approval of site, architecture, landscaping, and lighting
for expansion of an existing industrial office/manufacturina COllpl&x.
Property luc:ateG on the north aide of Vallco Parkway east of Wol!s
Road. ReCOllllllended for approval.
7. Applicatinn HC-51,436.2 - ChriSIIISD Taylor Development Company re-
questing approval of a sign progra., including exception to Section
6.03.3 of Ordinance 746 to permit a freestanding sign on a lot ~hich
does not conform with the "200-Rule" criteria contained therein.
Property located adja~ent to and south~rly of Stevens Creek Boulevard
west of Blaney Avenue."
8. Application dC-5l,088.3 - Sobrato-Berg Properties {Zilog) requesting
approval of site, architecture, landscaping, and lighting for an
industrial building located in West Valley tndustrial Fark. Recom-
mended for approval.
9.
Application HC-5I,227.6 - KoIl Company requesting approval of site,
êrchitecture, landscaping, and lighting for an industrial building
in West Valley Industrial Park. Recommended f~r approval.
10. Request for waiver of business license fee, The Salvation Army.
11. Removed
12. Minutes of special meeting of September 8, 1978. (CC-434)
Vote
AYES:
NOES:
ABSENT :
ABSTAIN:
Members of the City ~ouncil
Meyers, Rogers, Sparks, Jar.kson
None
O'Keefe
None
ORAL COMMUNICATIONS
13. Mr. Gil Gunn of PG&E addressed Council regarding conservation of energy.
He presented brochures on the matter and stated that an energy audit of
the facility will be done.
By consensus, Item 22, Report on bid openings, Senior Citizen Center was
taken out of order.
UNFINISHED BUSINESS
22. Report on bid openings for Senior Citizen Center, Project 79-3, and
award of contracts.
Presentatinns - Mr. Rex Morton, architect; Ms. Elsa Holwerda, 11860
Brook Glen Dr., Saratoga; Virginia Florentine, Cupertino Coordinating
Council.
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MINUTES OF THE SEPTEMBER 18, 1978, CUT COUNCIL MEETING
.
Council, by consensus, approved the cOQcept of the Senior Center beina
separate from the proposed Coøøn~ity Center and to turn the Senior Centar
at a 180· angle.
(CITY CLERK'S NOTE: Counc. O'Keafe arrived at 8:20 p.II.)
It was moved by Counc. Meyers, aeconded by Counc. Sparks and passed unan-
imously to accept staff recommen~tion as follows:
ACTION PLAN
In view of the fact ~hat the building would have to be relocated, the staff
Is recolII!IIending that the bids be confiDed to the building only and that
the site improvements be redesigned and readvertised immediately thereafter
The bids received on said project are valid up to September 30, which allow
enough time to reject certain bids and readvertise and open bids and pre-
sent to the City Council at an adjourned meeting on ~eptember 29.
CATEGORY 1 - Bids to be continued until September 29
1. Contract No. 6 - Fire Sprinkler
2. Contract No. 7 - Electrical
3. Contract No. 8 - Insulation
4. Contract No. 9 - Lathe and Plaster
. 5. Contract No. 11- Specialty
6. Contract No. 12 - Painting
7. Contra"t No. 14 - Framing and General Work
CATEGORY 2 - Continue informal ne¡¡otiations until September 29
1. Contract No. 10 - Dry Wall
2. Contract No. 13- Tile
CATEGORY 3 - Reject and readvertise and present to Council on Septelllber
29
1. Contract No. 1 - Earthwork, Paving and Grading
Modify plana and specifications for pad grading only
Reject Piazza Construction's bid
2. Contract No. 4- Plumbing
M0dify specifications
Reject Amaral Plumbinb's bid
3. Contract No. 5 - Heating, Ventilation, and Air Conditioning
Redesign system
Reject Peninsula Trane
4. Contract No. 16 - Roofing
Retain existing specifications
Reject Western Roofing's bid
.
CATEGORY 4 - Change from Negotiated bid to formal bid
1.
Contract No. 2 - ~ncrete
Modify plans and specifications and building pad only
',<'"
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CC-435
1'81- 3
Sr. Center to
be separate
frOll Comm.
Center
Staff recom-
mendation re
Senior Center
I
;¡þ31
~ep':-:-'g
6cheduled to
Wider
Public hear-
in~ closed
Res. No. 480
adopted
.
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MIII\J'1'ES OF TIlE SEP1'EHBER ;'8, 1978, CITY COUIIClL IlEBTIlIG
CATEGORY 5 - Reject and redesism site plan for future bide!:!..!!'1
1. Contract No. 3 - Masonry
Kaguire Masonry
2. Contract No. 15 - Landscaping
B & B Landscaping
Based upon the action plan above, the stsff ,,"ou1d prellent to the Council
at an adjourned ..eting on September 29, tt.e to be selected by the City
Council, a total cost of the builcl1ng only. If Council awards, this would
allow the construction of the building to c..-ce iaaediately while the
3ite plan 14 being revised and readvertised. FrOIll indications received
frolll contractors, the cost next year will not be any better since it 18
expected that the San Jose road building program will start early next
year, thereby providing considorable amount of work resulting in a saturated
market.
RECOMMENDATION
It is recommended that the City Council adopt the above action plau.
An adjourned regular meeting was ~~"ifqi: sOO p..., Friday, September
29, 1978 to consider bids and award of contracts for the Senior Citizen
Center.
(CITY CI.ERK'S NOTE: After a briefing on discussion t¡.at had uken place
before his arrival, and upon receiving the r~ty Attorney's opinion, Counc.
O'Keefe voted on the above motion.)
RECESS - 8:20 - 8:35 p.m.
PUBLIC HEARINGS
14. Vacation of a portion of Blue Jay Drive south of Homestead Road just
north of Route 280.
(a) Resolution No. 4803: "A Resolution of the City COl'llcil of the
City of Cupertino Ordering Vacation of a Portion of Blue Jay
Drive South of Homestead Road Just North of Route 280 aa Prcvided
in Section 8320 et seq. of the Streets and Highways Code of the
State of California, Retaining it as Public Utility Easement. II
It was moved by Counc. Sparks, secuuded by Counc. Meyers and passed unan-
imously by those present to close the public hearing.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously by those present to adopt Resolution No. 4803.
(Counc. O'Keefe returned to the Council Chamber)
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MINUTES OF THE SEPTEMBER 18, 1978, CITY COUNCI!. HBETIlIG
PLANNING APPLlCATIOBS
15. Application l7-U-78 of løbert Altevara and c..paDY (Houlihan's bat··
aunDt): Use Pet1dt to allow a d1acothe«Ne(includ1D& liv.. llU8ic and
danc1Ds} to occupy appuxiMtaly 1,200 aq. ft. 111 aD apprClVed rest-
aurant to be coutr1lCted in the Orchard Valley Market Place (shapping
center) and BRVIR01llŒllTAL REVIEW: The Planning eo-i..ion recOIIIIIeuds
the granting of a Heaative Declaration. Said property is located on
the southe...: corner of Stevens Creek Boulevard nd Portal Avenue
in a P (Planned Developeent with General eo...rc1a1 Intent) zone.
Recommended for approval.
Pre~entations - Ronald Bier.an, 19781 Bixby Drive, Cupertino; Carroll
Phillips, 10471 l~dale Ave., Cupertino.
It was lIIoved by Counc. Sparks, seconded by Counc. O'Keefe to continue this
application to the next meeting.
Counc. O'Keefe withdrew his second.
Counc. Sparks withdrew his motion.
It w~s moved by Counc. Sparks, seconded by Counc. O'Ke~!e and p~ssed unan-
imously to d~ny Application 17-U-78.
·
16. Application 22·-TM-78 of Byrne Avenue Properties (George Cody):
Tentative Map to divide approximately 2.15 kcres into eight cluster
Iota and one lot to he held in common ownership; plus two conventional
residential lots consisting of approximately 7,500 and 18,200 sq. ft.
each and ENVIRONMENTAL REVIEW: No action required. The project was
previously assessed. ThP subjec~ property is located on the south-
west and southeast corner.. of Byrne Avenue and Stevens Creek Boule-
vard. RacOllllDended for approval.
It was moved by Co~nc. Sparks, seconded by Counc. O'Keefe and passed unan-
imously to approve Application Z2-TM-78.
17. Application 19-U-76 - Revis£d of Eldon R. Hofflllan (Any Mountaib, Ltd.)
Use Permit to construct a building conaisting of approximately 5,000
sq. ft. to accommodate a ski trai~ing center or retailing activity and
interim use to operate a ski training facility outside of the existing
building and ENVIRONMENTAL REVIEW: The Planning Commission recommends
the granting of a Negative Declar~tion. Said property consists of
approximately 2.8 acres located on the southwest corner of Mariani
A\enue and North D.. Anza Bol: 'ward in a F (Planned Devel'Jpme_lt) zoning
district. Recoœmended for ~~proval.
It was moved by Counc. Spar.ks. seconded by Counc. Meyers and passed unan-
imously to grant a Negative D<.claration.
·
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan-
imously to approve Application 19-U-76 with added ,-u...ïitjon tha~ any noise
frum the machines at the ski training center not oe discernible at the
exterior property li~e when the building is complp.ted.
"
CC-435
Page 5
Motion to
continue
withdrawn
17-U-78
denied
22-'lM-78
app,-"ved
Negafive
Dec.lar¿ tion
granted;
19-U-76
approved
w/condition
CC-435
1'.6
16-U-78
(Revised)
approved
HC-5I,466.1
aFproved
.
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MINUTES OF THE SEPTEMBER 18, 1978. cITY COUNCIL KEBTIRG
18. Appl1cstion l6-U-78 (Revised) - Vallco Park, Ltd..: AIIen:!llent of
Use Permit to iocrease the allowable build.iaa aquar. footal_ of .
light induatriol1 facility and B!lVDOIIIŒIITAL IIVIIIW: No action re-
quired. The project w.. praviðll81,. ...e..ect. Said property 1&
located. on the north side of Vallco Parkway approx1lllately 1,500
ft. easterly of Wolfe Road in an MP (Planned Manufacturing) zone.
Recommended for approval.
It ...as moved by C>unc. Meyers, seconded by Counc. Sparks and passed unan-
imously to approve Application 16-l~78 (Revised) pursuant to conditiona
contained in Planning Comm1ssion Resolution 1887.
ARCHITECTURAL AND SITE APPROVAL COHMITrEE APPLICATIONS
19. Application HC-51,466.1 - Prodis Associates requesting approval of
site, architecture, landscaping and 1igbting for s professional
office building located on the east side of De Anza Boul~vard. north
of Bollinger Road. Recommended for approval.
It was moved by Counc. Meyers, second.ed by Counc. O'Keefe and passed with
Councilmembers Sparks and Rogers dissenting to approve Application HC-51,466.1
witbout the requirement of an ingress/egress easement, as per Architectural
and Site Approval Committee recommendation.
ITEMS REMOVED FROM CONSENt CALENDAIl
Amendments 11. Minutes of regular meeting of Septelllber 5, 1978. (CC-433)
to minutes of
September 5, Page 3, Section 8.2, change the words "ridge tcp" to "lot pad".
1978
Procedures
for handling
of property
to be veri-
fied
Con t il1ued
.
Page 8, Itelll 27, line 3, change "to the Board" to read "to a 5 member Board".
UNFINISHED BUSINESS
21. Request from Mr. Floyd Meyers to address Council relati~g to specific
questions.
It was moved by Ccunc. O'Keefe, seconóed by Counc. Meyers and passed
unanimously for the City Manager to go to the Santo Clara Sheriff's
DepartmLnt September 19, 1978 and, as much as possible within the Sheriff's
security measures, verify their present procedure for handling of property.
23. RequeBt frolll Devcon Construetion Co. for interpretation of conditions
of approval for off-site improvements on a light industrial project
at the west side of Bandley Drive North of Lazaneo Drive (Applica-
tion 2-U-77).
As the applicant was not present. th., Director of Planning and Development
asked that the item be continued, per fer request.
It was moved by Counc. Rogers, seconded by Counc. O'Keefe and passed unan-
imously to continue the item to the meeting of October 2, 1978.
.
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MINUTES OF THI!: SEPTEMBER 18, 1978, CITY COUNCIL MEl!TlBG
24. Cupertino/San Jose Boundary Reorganization.
Presentations: Bob Shelton, Jo Celio, Jerry Pruton, Henry Wuphizer.
By consensus, Council directv. staff to pursue alternative 1, 4 and 5 of
stsff report, as follows:
1. Annex areas intact, but for~go present revenues frolll sales taxes On
a condition whereby the sales tax aight be pegged at its present base
and all increases in sales taz over that base would ao to the City of
::upertino' (Also p~~t;h,gradual pha...~..L._of "pegaed base.)
4. Reduce area of consideration by eliminating area between Stelling
(south of Bollinger extended) <0 Saratoga-Sunnyvale Road.
5. Accept LAFCO recommendations north of Kentwood, but retain area adja-
cent to Saratoga-Sunnyvale Road south to Prospect in the boundary
transfer. The western half of Saratoga-Sunnyvale Road volllcl.( be in-
cluded in Cupertino fr~' the nOlth side of Bollinger south to Prospect
The area north of Kentwood should then be phased into Cupertino over
a three to four year period. This alternative has the advantage to
San Jose of retaining most of sales tax revenue but still provides
Cupertino some control over development.
Council dir~cted staff tu g~ther more information regarding tne legalities
of sharing of sales tax, LAFCO phasing in of annexations.
Council further directed staff to reaSsure LAFOO and San Jose of the
revnue sharing commitment.
The boundary reorganizallon report will be agendized for the lIIeeting of
October 2, 1978.
25. Discussion of propo~ed Planned Unit Development Ordinance.
By consensus staff was directed to obtain and distribute tnformation re-
garding proposed Planned Unit Ordinanee and to reschedule the item for
the meeting of October 2, 1978.
NEW BUSINESS
26. John Kolski regarding water bill.
It WdS lIIoved by Counc. Meyers, seconded by Counc. O'Keefe and pasged with
Counc. Sparks dissenting to reaffirm that the present ordinance doe~ not
allow for corrections in water bills.
27. Claim of Helen Adzich for damages to her 1966 Mercedes.
Upon receiving the City Attorney's recommendation to reject the claim as
Piazza Construction Co. is an independent contractor, it was ~ved by Counc
O'Keefe, seconded by Counc. Meyers and passed unanimously to reject the
claim and direct the City Clerk to notify the claimant.
CC-435
Paae 7
Alternatives
1, 4 and 5
to be pur-
sued
No corr~c-
tions to
water bills
Claim re-
j ected
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CC-435
P.8
Claim re-
jected
More inf or-
mation to
be obtained
Sparks
nominated
.
Second read-
ing of Oed.
No. 896
Ord. No. 896
enacted
Second read-
ing of Ord.
:10. 897
. No. 897
~ted
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MINUTF.S OF THE SEPTEMBER 18, 1978, CITY COUNCIL MUTING
28. Clailll of Wayne Tsuchitani for damage to bicycle.
Basad oc the City Attorney'. noco.aeadati;¡n to reject tho clam 88 the City
had no actual knowledge of tho hole in the strut, it waa IIIOved by Counc.
Spa~ks, .econded by Coun~. O'Keefe and paesad unaniBDus1y t~ reject the
claim and direct the City Clerk to notify the claimant.
29. Consolidation of Municipal Court Districts.
It was IDOved by Counc. O'Keefe, seconded by Counc. Meyers and passed unan-
imously to direct st~ff to get more information regarding the pro~sed
consolidation of Municipal Court districts befo~e the Board of Supervisors
takes action, particularly the actual proposal and possible ramifications,
if implemented.
30. Nomination i~r N"rth Central and Northwest Flood Control Advisory Committee.
It was moved by Counc. O'Keefe, seconded by Counc. Meyers and passed unan-
imously to select Counc. Sparks as a nominee for North Central and Northwest
Flood Control Advisory Committee, with Director or Public Works and Director
of Planning and Developlllent ss alternates.
II'RITTEN COMMUNICATIONS
3J . None
ORJiINANCES
32. Sec:>nd reading of Ordinance No. 896: "An Ordinance of the City of Cuper-
tino Amending Section 1 of 01dinance No. 2 by Rezoning Approximately
1.81 Acres from Al-43 to Rl-IO; Located on the South Side of McClellan
Road Just Westerly of the Entrance Road to the Deep Cliff Golf Course."
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and pass.d
unanimously to read Ordinance No. 896 by title only and the Mayor's reading
to constitute the second reeding.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan-
imously to enact Ordinance No. 896.
33. Second reading of Ordinance No. 897: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning Approxi-
mately .73 Gross Acres frolll Santa Clara County Rl-IO to City of Cuper-
tino Rl-7.5; Located on the Scuthwest ~orner of Alcalde Road and Cordova
Road. 11
It was moved by Coune. Meyers, seconded by Coune. O'Keefe and passed unan-
imously to read Ordinance No. 897 by title only ..nd t¡:e Mayor's reading
to constitute the second reùding.
It was moved by COWIC. Meyers, seconded by Counc. O'Keefe and passed unan-
imously to enact Ordinance No. 897.
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MINUTES OF THE SEPTEMBER I'!, 1978. CITY COUNCn. KEETING
34. Second reading o¡ Ordinance No. 898: "An Ordinance of tle City of
Cupertino Amending Ol"dinance No. 742, Rec-..ding Approval of Revisi
to the Oriainal Zonina :'lan to Pera1t Ezteo81on of "'r Yard Fence
into the CoBIIOn Area; Loca.-d at the Terld.nuø of Sceaic Boulevard
Just Southerly of Stevens Creeit Boulevard."
It was DIOved by Counc. Meyers, seconded by Counc. O'Keefe end pasaed unan-
imously to read Ordinance No. 898 by title only and the Kayo~'. reeding to
constitute the second reading.
It was moved ;'y Counc. Sparks, seconded b7 Counc. Meyers and passed with
Counc. O'Keefe abstaining to enact C "dinance No. 898.
35. First reading of Ordinance No. 901: An Ordinanco! of the City of
Cupertino Amending Chapters 15.08 and 15.12 (Waterworks Systelll) of
the Cupertino Municipal Code."
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to read Ordinance No. 901 by title only and the Kayor's reading to
constitute the first reading.
RESOLUTIONS
36. None
STAFF REPORTS
37. Oral reports by staff members and submission of written re~orts.
Amendment to Refube Coi1ection Contra~t for Duplex Rates - It was moved
by Counc. Rogers, seconded by COhDC. Meyers and passed with Counc. O'Keefe
abstaining to s~hedu1e amending of refuse rates for the meeting of October
2, 1978.
It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed unan-
imously to authorize Mayor Jackson to vote at the Peninsula Divisi~n meet-
ing to be held on September 28, 1978.
It ~~s moved by Counc. Meyers, ~econded by Counc. Sparks and passed unall-
imously to adopt the staff recommendation on the Specific Project Descrip-
tion of HCD Assistance to be provided to Sunny Vip.w Park.
It was moved by Counc. O'Keefe, seconded by Counc. Sparks end passed unan-
imously to grant a waiver of business license fe~ to the Cupertino Union
School úistrict Sports-a-thon and the activity enJorsed.
It was moved by Counce O'Keefe. seconded by Coune. Spo~ks and passed unan-
imously to grant a waiver of business license fee to BLY Scout Troop 488
for their annual Christmas Holly Campaign.
It was moved by Coune. O'Keefe. seconded by C~unc. Rogers and passed unan-
imously to authorize that $25,000 be put aside at this time for implementa-
tion of right-of-way for Route 85. This amount represents approx~te1y
10% of the r1g""~.f.-ay -'ut of Highway.9.
CC-435
Page 9
Second read-
ing of Ord.
No. 898
Ord. No. 898
enacted
First reading
~f Ord. No.
901
Amending of
refuse rates
scheduled
Jackson to
voto!
RCD Assist-
ance to Sunny
View Park
WaIver of
fee to School
Distri'Ot
Wai','er of fee
to hoy Scouts
$25,000 ;or
Highway 85
right-of-way
.... .
CC-435
PlIO
A ourned to
Sept. 29
.
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IUNUTES OF THE SEPTEMBER 18, 1978, CITY COtJRClL MEETING
tt vas moved by Cour.c. Sparks, ee:condac1 by Couo.c. O'lCeefa and pa..ed unan-
aously to adjourn the aeetina at 12:20 a.a. to 5:00 p..., 'rielay, Septembflr
29, 1978.
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