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~pplication of the Planning Comm. ission to amend Article 14 (Planned UNit Devel0_P- ment) and Article 2 (Definitions) of.~hapter 2~ Title II of the Ordinance Code of the City of Pleasanton to c~arify the processing of PUD applications filed on two or' more parcels Mr. Harris presented his report dated November 18, 1977, regarding this matter. Mayor Philcox declared the public hearing open. No one in the audience spoke in favor of or in opposition to this application. Mayor Philcox declared the public hearing closed. It was moved by Councilmember Herlihy, and seconded by Councilmember LeClaire, that Ordinance No. 837, to be read by title only and waiving further reading there- of, amending Article 14 (Planned Unit Development District), Chapter 2 (Zoning), Title II (Zoning and Development) by adding to Section 2-8.37 (Procedure), Sub- section (e) relating to non-continguous parcels, be introduced. The roll call vote was as follows: AYES: Councilmembers Brandes, Herlihy, LeClaire, Mercer, and Mayor Philcox NOES: None ABSENT: None Mayor Philcox recessed the meeting at 9:20 P.M. Mayor Philcox reconvened the meeting at 9:30 P.M. REPORTS OF THE CITY MANAGER Review of Cheese Factory DischarSe Permit Mr. Campbell presented his report dated November 21, 1977, regarding this matter. Mr. Scheidig explained the terms of the permit issued last March for a six month trial period, which expired in September, subsequently any violation of the permit standards by the Cheese Factory caused the permit to terminate in accordance with Daragraph 16 of the permit. Thus, the City Council would have to authorize the execution of a new permit. Councilmember Brandes asked how the City compells compliance with City ordinances and was advised by the City Attorney and City Manager. Mr. John P. Corley, Attorney representing the Cheese Factory, stated that although the Company has not complied with the letter of the permit subsequent to the six month trial period it was complying in spirit and intent with the conditions set forth in the Discharge Permit, that additional improvements were being implemented at this time, and that he objected to the adverse publicity in the newspapers regarding this matter. Mr. Corley stated that the Cheese Factory could meet all of the remaining conditions of the Permit, that had not previously been complied with, within thirty (30) days except for the limits on BOD, COD, AND SS. He further stated that with regard to ~commendation 2 of the staff report, that this matter be continued for thirty (30) days to allow the new equipment to be tested to see what effect it will have on discharge flow and to determine whether or not it will be necessary to hire a technical engi- neer for a comprehensive study of the Cheese Factory discharge problem. If that is necessary, Mr. Corley requested sixty (60) days to find an appropriate engi- neer, and one hundred twenty (120) days for preparation of the study. Mr. Corley stated that Recommendation 3 regarding Cease and Desist Order if all conditions 5. 11/29/77