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10 3 Mayor Mercer declared the public hearing open on this item. Mr. Craig Reali, 3968 Empire Court, stated that two variances similar to his had recently been granted. He stated he had requested the side yard variance in order to get his boat and camper off the street. He stated the structure will not be detrimental to the health, safety, and welfare of the neighborhood, and that the Fire Marshal did not find any problem with it. No one in the audience spoke in opposition to this item. There being no further testimony, Mayor Mercer declared the public hearing closed on this item. Councilmember Kephart stated that when an individual homeowner takes his boat and camper off the street, as encouraged by Council, then that is good reason to grant the variance. Councilmember Wood stated he felt the structure complied with the Building Code and that this property is different from others because it is used as a day care center, and the structure enhances that activity. It was moved by Councilmember Wood, and seconded by Councilmember Kephart, that Resolution No. 81-34, after making the appropriate findings, approve the appeal of Craig Reali of a decision of the Board of Adjustment denying his application for a variance to Section 2-5.41(6) of Article 3, of the Ordinance Code of the City of Pleasanton to allow the retention of a patio cover which encoraches into the re- quired side yard setback of his property at 3968 Empire Court, the property is zoned R-1-6500 (Single-Family Residential) District, be adopted. The roll call vote was as follows: AYES: Councilmembers Butler, Kephart, Mohr, Wood, and Mayor Mercer NOES:' None ABSENT: None First reading of an ordinance amending the Cit¥'~ ~ontract with State Public Employees Retirement System for the purpose of providing Section 20862.8 (unUspd sick leave credit) for local miscellaneous members only Mr. Walker presented the report of the Assistant to the City Manager (SR 81:33) dated February 2, 1981, regarding this matter. Mayor Mercer declared the public hearing open. No one in the audience spoke in favor Of or in opposition to this item. Mayor Mercer declared the public hearing closed. It was moved by Councilmember Butler, and seconded by Councilmember Kephart, that Resolution No. 81-35, a Resolution of Intention to approve an amendment to contract between the Board of Administration of the Public EmployeesT Retirement System and the City Council of the City of Pleasanton, be adopted. The roll call vote was as follows: AYES: Councilmembers Butler, Kephart, Mohr, Wood, and ~yor Mercer NOES: None ABSENT: None 14. 2/10/81