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173 <br /> <br /> It was moved by Councilmember Brandes, and seconded by Councilmember Mercer, <br /> that Resolution No. 82-388, formally requesting Viacom Cablevision to voluntarily <br /> remove Escapade from their program until it is able to block out Escapade from <br /> every non-Escapade subscriber's home, be adopted. <br /> The roll call vote was as follows: <br /> AYES: Councilmembers Brandes, Mercer, Mohr, and Wood <br /> NOES: Mayor Butler <br /> ABSENT: None <br /> <br /> It was moved by Councilmember Brandes, and seconded by Councilmember Wood, that <br /> Resolution No. 82-389, determining that the City Council hold a public hearing on <br /> October 26, 1982, 8:00 P.M., Pleasanton Council Chambers, to determine whether Via- <br /> com Cablevision is in noncompliance with the terms and conditions of the Franchise <br /> Ordinance and that Viacom be given notice to appear and show cause why they should <br /> not be declared in default and have their award of franchise rescinded, specifically: <br />r" (1) that Viacom is not in compliance with Section 17 of Ordinance 376 requiring that <br /> the CATV system be maintained in accordance with the highest and best accepted stan- <br />r~' dards of the industry in that the audio portion of Escapade is being received by <br />~D virtually all cable subscribers in Pleasanton and that Escapade is available in <br />[] households which have not subscribed to Escapade; and (2) that the availability of <br />[] parental control boxes has not been advertised as required by Section llA of the <br />~ September 22, 1981 agreement between Pleasanton and Viacom, be adopted. <br /> The roll call vote was as follows: <br /> AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and }~yor Butler <br /> NOES: None <br /> ABSENT: None <br /> <br /> PUBLIC HEARINGS <br /> Application of the City of Pleasanton to prezone an approximately 6.2 acre site <br /> .... located at 5226 Foothill Road to the PUD (Planned Unit Development) Low Density <br /> Residential/Open-Space District or to any other zoning district consistent with <br /> the General Plan <br /> <br /> Consider adoption of Negative Declaration <br /> Mr. Harris presented his report (SR 82:389) dated September 21, 1982, regarding <br /> this matter. <br /> <br /> Mayor Butler declared the public hearing open on the application and the Nega- <br /> tive Declaration. <br /> <br /> No one in the audience spoke in favor of or in opposition to this item. <br /> <br /> Mayor Butler declared the public hearing closed. <br /> <br /> It was moved by Councilmember Mercer, and seconded by Councilmember Brandes, that <br /> Resolution No. 82-390, determining on the basis of a review of initial environmental <br /> study ~one for this project, that no significant environmental impact would occur as <br /> outlined in the City's guidelines and that a negative declaration is appropriate to <br /> prezone an approximately 6.2 acre site located at 5226 Foothill Road to the PUD <br /> (Planned Unit Development) Low Density Residential/Open-Space District, be adopted. <br /> The roll call vote was as follows: <br /> AYES: Councilmembers Brandes, Mercer, Mohr, and Mayor Butler <br /> NOES: Councilmember Wood <br /> ....... ABSENT: None <br /> <br /> It was moved by Councilmember Brandes, and seconded by Councilmember }4ohr, that <br /> Ordinance No. 1053, to be read by title only and waiving further reading thereof, <br /> <br /> 9. 9/28/82 <br /> <br /> <br />