CC 07-03-78
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CITY OF CUPERTINO, STATE OF CALIFORNtA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
MlRUTES OF THE REGULAR IŒITING OF 'lBB CITY COtJRClL
IIBLD ON JULY 3, 1978, IR TIll COIJIICIL ClWlBIR, CITY HALL
CUPERTINO, CALJ:FOlINlA
Mayor Jackson called the meeting to order at 7:35 p.lII. in the ~uncil
Chamber of City Hall.
SALUTE TO THE FLAG
CITY CLERK'S NOTE: Durina the Pledge of Allegiance, Floyd Meyer objected
to the saying of the Pledge.
ROLL CALL
C~unc. Present: Meyers, O'Keefe, Rogers, S~ark9, Mayor Jackson
Staff Present: Ci~y Manager Quinlan
Deputy City Clerk Cornelius
Director of Planning and Development Sisk
Director of Public Works Viskovich
Director of Parka and Recreation Butler
City Attorney Adams
. CONSENT CALENDAR
.
~/
The following itellls were removed from the Consent Calendar: Item No. 15
(Counc. Rogers), Itam No. 10 (Counc. Jackson) and Itp. No. 13 (Counc.
Sparks).
It was ~aved by Counc. O'Keefe, seconded by Counc. Meyers and passed unan-
imously to approve the balance of the Consent Calendar.
1.
Resolution No. 4738:
of Cupertino Allowing
and frolll the Funds as
eo us ExpenUltures for
"A Resolution of tho, City Council of the City
Certain Claims and Delllands Payable in the Amount
Here~nafter Described for General a~d Miscellan-
the Seven Day Perioð Ending June 19, 1978."
2. Resolution No. 4739: "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 Salaries and Wages for
the Payroll Period Ending June 20, 1978."
3. Resolution No. 4740: "A Resolution of the City Council of the City of
Cupertino Allowing Certain Claias and Demands Payable in the Amounts
and from the Funds as Hereinafter Described for General and Miscellan-
eous lxpenditures for the Seven D&y Period Endi»g June 26, 1978."
4.
Resolution No. 4743: "A Resolution of the City Council of the City of
Cupertino Authorizing Execution of Improvement Agreement with D.S.R.
Properties, Tantau and Prune ridge Avenues.1t
5.
Resolution No. 4744: "A :lesolution of the City ~undl of the City of
Cupertino Approving Parcel Hap of Property Located Al~ng Valley Green
Drive; Developer, Sobrato-Berg Properties; Author1zing Execution of
tlllprovement Agreement; Authorizing Signing of Par..el Kap."
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·,pø,
CC-425
Pale 1
lteu.s re-
moved from
Calenda r
Consent Cal-
endar appro
CC-425
P.2
9.
. 10.
11.
12.
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MINUTES OF THE JULY 3, 1978, CtTY OJUNCIL !(",alNG
6. Resolution No. 4745: "A Resolution of the City Council 01 the City
of Cupertino Ap!lroving Parcel Map aDd IIIprov_t PIau. of Property
Located along Regnart Road; Develope~', Albert kal Lallbert and Pew
Ann L81Ibert, Peter S. Gwozdz and Barbara It. Gwozdz; Authorhing
F.xecutioD of 1IIIprovement Agreement; Authori.ing Signing of Parcel
Kap and IIIprovement Plans. It
7. Resolution No. 4746: itA Resolution of the City Council of the City
of Cupertino Approving Parcel Kap and lIIIprovement Plans of Property
IDcated Along Tula Lane; Developer, ihyllis Chestnutt; Authorizing
Execution of Improvement Agreement; Authuriziag Signing of Parcel
Map and IIIprovelllent Plans."
8. Application HC-5I,458.1 - Coast Federal Savings and Loan ASsociation
requesting approval of exception to Section 6.03.3 of Ordinance No.
746 to pera1t installation of a freestanding sign on a lot with less
then 200 ft. of frontage on a publie roadway. Said property is
lo~ated at the northwest quadrant of De Anza Boulevard and Stevens
Creek Boulevard. Recommended for approval.
Application HC-5l,421.3 - Pacific Valley Bank requesting approval
of landscaping for a two-atory office building on the north side ~f
Stevens Creek Boulevard east of De Anza Boulevard. Recommended for
approval.
Removed from Consent Calenòar.
Application HC-5l,392.31 - Sobrato-Berg Properties (Peppermill Rest-
aurant) requesting approval of site, architecture, landscaping,
and graJing for remodeling of an existing restaurant ùuilding, and
creation of a temporary parking area adjoining the south side of
existing restaurant parking lot. Sa<.d property is located at the
northeast quadrant of Mariani Avenue and De Anza Boulevard. Reco.....
mended for approval.
Application HC-5l,294.2 - Helen M. Y~sik requ~sting approval
architecture, landscaping and grading for a two-story office
on the south side of Hot~stead Road, west of Stelling Road.
Œended for approval.
of site,
building
Recom-
13. ReŒoved from Consent Calendar.
14. Resol'Jtion No. 4742: "A Resolution of the City Council cf the City
of Cupertino Making its Order Describing the Bo~daries Designated
as 'Byrne 78-2' to be Annexed to the City and Ordering Annexations
to the C·; ty Without Public Hearing as Provided by Law; Approximately
3.089 Acr~s Located on :he South Side of Stevens Creek Bo~evard
at Byrne Avenue."
.
15.
Removed from Consent Calendar.
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MINur£~ OP Tn Jm.'i 3, 197~, em CO\nlClt Mm:ltIC
lb. Minutes of aùj~urned regular meetina of June 20, 1978. (CC-422)
4IIÞ 17. Minutes of adj~urned regular meeting of June 26, 1978. (CC-423)
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Meyen, O'r..fe, Roaera, Sparks, Jackson
lIone
lIone
None
ORAL COMMUNICATIOIIS
Floyd Meyer addressed Council regarding prop~=cy confiscated by the
Sheriff's Departlllent. He objected to the County Counsel forwardina a
confidential letter to the City Manager and expressed his belief that it
should not be confidential. The City Attorney ruled that the letter's
confidentiality is within the framework set by the cities contracting with
the County for law enforcement.
Mayor Jackson recommended that Mr. Meyer consult an attorney for civil ac-
tion as the City Council has no authority in this I118t~er.
PUBLIC HEARINGS
.
19. Application 3G-Z-77 of Jerry Merkelo and William McGuire: Rezoning
approximately 13.1 acres frolll Al-43 (Agricultural-Residential, single
family, I-acre lot minimum) tc Rl-100 (Residential, single-family,
100,000 sq. ft. per dwelling unit and ENVlRONKEIITAL REVIEW: No actio
required. The project was granted a Negative Declaration on Decelllber
20, 1977. Said property is located at the southerly terminus of
Regnart Road. Recommended for approval.
(a) First reading of Ordin'lDce No. 885: "An Ordinance of the City
of Cupertino Amending Section I Jf Ordinance No. 2 by Rezoning
Approximately 13.1 Acres frolll AI-43 to Rl-loo; Located at the
Southerly Term1.nus of Regnart Road. II
PLANNING APPLICATIONS
20. Application 32-TM-~7 of Jerry Merkelo and William McGuire: Tentative
Map to re3ubdivide three lots comprising approxilllately 13.1 acres
into four lots and ENVIRONKEIITAL REVIEW: No action required. The
project was granted a Negative Declaration on December 20. 1977.
Said property is located at the southerly terminus of Regnart Road.
RecoMmended for approval.
Presentations - Jerry Merkelo and Bill MeGuire (ap"l~~dnts), Dorothy
Wright, JoAnn Gholson, Kathy Nellis (all of Regnart Road).
.
Mr. Merkelo and Mr. McGuire objected to Condition No. lì on the Tentative
Map application and said it caused a ha~dship to them. City Attorney
Adams wae concerned regarding the ambiguity of the condition and sug-
gested it needs clarification.
Dorothy WriEht objected to contiguous properties being merged for dev~lop-
mental purposes.
CC-425
Page 3
Attorney's
rul1na re
letter
Objections
to condit:.on
CC-425
.4
Support of
TM
Public hear-
ing continued
Resolution
to be drawn
re lowering
of rents
.
Advice re
initiati-¡e
petit j ono
9-U-78 to
be schedul¡;d
for public
hearing If
necessary
.
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MINUTES OF THE JULY 3, 1978, CITY COUNCIL MEETING
JoAnn Gholson objecte~ to the proposed location of the road whicà vas
set with the approval of the Nellis application.
Kathy Nellis spoke in support of the Tantativ. Map.
It was !lOved by Counc. Rogers, seconded by Couoc. O'Keefe and pllf\sed
unan1aously to continue tl e pubUc hearing to the lIIeeting of July 17,
1979.
RECESS - 8:55-9:05 p.~.
Itelll No. 28 was taken out of order.
WRITTEN COMIIUNICATIONS
28. Request for City to take a position regarding renter's relief due
to passage of Proposition 13.
Janet Marshal and Ann Harie Angelesco. Fountainbleu Apart~ents, gddressed
Council regarding the lowering of re~ts. It was moved by Counc. Rogers,
seconded by Counc. Meyers and passed unanimously that an appropriate
resolution be drawn to reflect Council concern regarding rent reduction
in light of Proposition 13, to be brought to Council at their lIIeeting of
July 17, 1978. Council requested to receive a copy of the resolution as
soon as possible for review.
Council referred Mrs. Mar"\lal to the Senior Adults Legal Assistance,
Santa Clara County :qwyer Referral Service, private counsel and the ~erson
drafting an initLative petition in Mountain View to obtain legal advice
regarding initiative petitions. She was also referred to the Election Code.
PLANNING APPLICATIONS (continued)
21. Application 9-U-78 of Dr. Joseph F. Brown: Use Permit to allow
construction of an inaustrL,1 building containing approximately
36,500 sq. ft. and ENVt~rrAL REVtEW: No action required. The
project was assessed previousLY in conjunction with an earlier applica-
tion submittal. S,1id property is located at the northerly te,'minus
of Handley Drive. Recommended for denial.
Presentations - Dr. Brown, Frank Mulkcrn
It was moved by ~unc. Meyers, seconded by Counc. O'Keefe and passed
unanimously to schedule Applicat~on 9-U-78 for a public hearing August
7, 1978, or if a !,ublished public hearing is not legally t.ecessary to refer
the matter directly to the Planning Commission wit" Council support for
industrial development. Mayor Jackson stated ~ontinued preÍerence for
residential dev~lopment of the area.
.
.
.
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MINUTES OF THE JULY 3, 1978, CITY COUNCIL MEETING
tTEMS REMOVED FROK CONSI!BT CALENDAll
10. Applicati~n pr~5lt392.6 - Sobrato-Bera Properti.. request1ug approval
of site, architecture, landscaping, grading and liahtina for a four-
story office complu at the southeast quadrant of De ADza Boulevard
and Kariani Avenue. Recom.aended for approval.
It was lIIoved by Counc. Meyers. seconded by Counc. O'Keefe ,¡nd passed unan-
imously to approve the application with the foIlowina addit10n to C=:I.itio
No. 14: "Staff shell further review all landscapina to ensure any reflect
ive glare onto De Anza Blvd. and hOllIes to the e&9t and south sh~l be
mitigated and shall further impose any other conditions necessary to elim-
inate glare."
13. Resolution No. 4741: "A Resolution of the City Council of the City
of Cupertino Approving c.'ntract Modification and Terms with Santa
Clara Valley Emp loyment 8¡1d Training iIoard for CETA Title VI."
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to adopt Resolution Ko. 4741.
15. Minutes of regular meeting of June 19, 1978. (CC-421)
Mayor Jackson requested that the lIIinutes show Counc. O'Keefe and Counc.
Rogers arrived late because they were attendi~g a Sister Cities function.
UNFINISHED BUSINESS
24. Adoption of geographic areas delineating bOlndarie~ for use of con-
tributions under park dedication in-lieu fee. (continued frolll
meeting of June 20, 1978)
It was mov.d by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to accept the staff recommendation.
NEW BUSINESS
25. Final approval of Senior Citizen Center Project - Filing of Notice of
Determination.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to grant final approval for the construction of the Senior
Citizen Center Project and direct staff to file a Notice of Determination.
26. Report on bid opening for McClellan Road, west of bridge, Project 78-7
and award of contract.
It vas moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to award the contract to M. C. Slack Paving f')r their low bid of
$40,872, as recommended by staff, with $3,310 for contingency purposes.
27. Report on bid opening for Pavement Marking Installation on various
Clty streets and award of contract.
CC-425
Pale 5
HC-51,392.6
approved as
a:&anded
Res. No. 4141
adopted
M1.u,,",~::3
amended
Staff recom-
mendation
Approval
granted for
Sr. Cent~r
Contract to
M. C. Slack
Paving
~2~
Contract to
Riley's
Striping
Service. Inc.
Second read-
ing of Ord.
No. 882
Ord. No. 882
enacted
.t read-
ing of Ord.
No. 883
First read-
ing of Ord.
No. 886
Approval
r.mmended
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MINUTES OF THE JULY 3, 1978. CITY COUNCIL MEETING
It vas IIIOved by CoIIIIC:. Meyen, .econdad by Counc. O'Keefe and p....d
unantmous1y to award the coøtracL to lil.y'. Striping Service. Inc.,
for their low bid of $130,950.90 with $23,849.10 to be set aside for
contingency engineering services and aaintenance for two year~, as recOll-
lIIended by staff.
ORDINANCES
29. Second reading of Ordinance No. 882: "An Ordinanl''' of the City of
Cupertino Amending Sections 18.16.260, 18.16.270, 18.16.290, 18.16.300
and 18.16.310, Chapter 18.16 of the Cupertino Municipal Code, General
Regulations, Hillside Subdivisions."
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed
unanimously to read Ordinance No. 882 by title only and the Ma)'or's reading
to conatitute the second reading.
It was moved by Counc. O'Ke~!e, seconded by Counc. Meyers and passed unan-
imously to enact Ordinance No. 882.
30. First reading of Ordinance No. 883: "0\11 Ordinance of the City of
Cupertino Adding Chapter 5.28 to the Cupertino Municipal Code to
Provide for the Licensing &nd Regulation of Taxicabs."
It was moved by Counc. O'Keafe, seconded by Counc. Meyers and passed unan-
imously to read Ordinance No. 883 by title only and the Mayor's reading
to constitute the first reading.
31. First reading of Ordinance No. 886: "An Ordinance of the City of
Cupertin~ Amending Ordinp~ce No. 843 Regulating Stopping, Standing
or Parking on Public SLreeta, and Providing for Signs Notifying the
Public Thereof, and Further Providing for Penalties for Violation
Thereof."
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to read Ordinance No. 886 by title only and the Mayor's reading
to constitute the first reading.
RESOLUTIONS
32. None
STAFF REPORTS
33. Revi~ and comments by County of Santa Clara regarding zone ch2~ge
application.
It wa5 moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to concur with the staff recommendation that the requested zone
change is consistent with the City of Cupertino General Plan and direct~d
tha: a letter be sent to the County Planning Commission recommending approval.
·
·
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MINUTES OF THE JULY 3, 1978, CITY COUIIClL MEETING
34. Oral reports by staff members aad submission of written reports.
The City Kanager read a letter he received pertaining to the policy for
members of the County Consolidated Dispatching System which adhered to
matters requested by the City of Cupertino.
By consensus, Council directed staff to commence with further study of a
West Valley JPA for fire service, the effects of different configuration
for services and general background information pertaining to fire service.
At the request of Counc. Rogers and Counc. O'Keefe, the Clerk was directed
to include the written opinion of the City Attorney to the City Manager
regarding the Sheriff's procedure as Exhibit "A" to the minutes of this
meeting. Counc. Rogers requested that the lIIinutes show the following re-
marks by City Attorney Adams: "I have reviewed the procedure and there' 5
a letter on file and I believe it's been given to Mr. Meyer. t have re-
viewed it completely and analyzed it and pointed out what the basic state
law provides and given my opinion on it."
It was moved by Counc. O'Veefe and seconded by Counc. Sparks to authorize
staff to work out an agreece~C with representatives of Vallco to enable
Vallco to run and maintain their fountain, funds for reimbursement to be
tak~n from the "Vallco Environmental Impact Fund".
It was moved by Counc. Rogers and seconded by Counc. Meyers to amend the
motion to state that the City will reimburse Vallco for electrical and
water expenses only_
Thp- amendment passed with Counc. Sparks abstaining. The motion pa5sed unan
imously.
NON-AGENDA BUSINESS
35. Recognition by Mayor of special requests
(a) General Aunience - None
(b) City Council
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to adopt Resolution No. 4747, "A Resolution of the City Council
of the City of Cupertir~ Authorizing Execution of Agreement with the
Southern Pacific Transportation Company for Grant of Easement for Roadway
Purposes.tI
At 11:05 p.m., the Mayor adjourned the meeting to an Executive Session to
discuss litigation and for a Mp.et and confer sesslon~
The meeting was reconvened in open session and adjourned at 11:45 p.m.
,~Id~ ~ð
Cc-425
Page 7
Letter frolll
Dispatching
System
Fire services
study
Opiliion of
Attorney re
Sherif f ' s
procedures
Agreel!lent
with VaUco
re fountain
Motion
amended
Res. No. 4747
adopted
\
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.
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Cit\f of Cupertino
Offlce of the City Atlllmey
900 CommuoilY II¡nk Buildin¡
111 West St. John Street
San lose. Calif",nia 95113
(408) 292·7220
April 17, 1978
Robert W.Quinlan
City Manager
City of Cupertino
10300 ~orre Avenue
Cupertino, California 95014
RE: Disposal of Property - Stolen or Embezzeled
Dear Bob:
This will acknowledge receipt of your m~rno, dated
April 10, 1978, relating to the above'matter.
I previously wrote to you· with respect to the above
matter on October 26, 1977, and ~nclosed, among others, Chapter 12
of the Penal Code, relating to the disposal of property stolen or
embezzeled.
For your information, I
1413 of the Penal Code, which is
previously forwarded to you, and
your question.
am enclosing a copy ~f Section
the last section in l...apter 12,
is the section applicable to
.
In 1976, paragraph (a) of Section 1413 of the Penal Code
was modified to a minor degree, and pa"=agraphs (b), (d), and (e)
were added.
I have reviewed GENERAL ORDER No. 6:1 ANNEX C (REVISED
4/77), Santa Clara County, relating to procedures to be followed
in disposal of property stolen or embezzeled.
In my opinion, the procedure therein outli.1ed complies
with the provisions of Section 1413 of the Penal Code.
You ,lave raised the question as to w:-Iether property in
the custody of the Sheriff's Department, which was not seized
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Robert W. Quinlan
Page No. 2
April 17, 1978
lxh1bit hA"
lUnutea of July 3, 1978
City Cosc11 MaeUng
Paae 2
pursuant to the execution of a search warrant, can be released
without a prior hearing conducted by a court.
In my opinion, a prior court hearing is not necessary.
By providing that the person from whom custody' of the
property was taken must be given notice, and an opportunity to
dispute any adverse olaim of ownership, Seotion 1413 (b) of the
Penal Code, in effect, provides for an adminiRtrative hearing by
the Division Staff Officer.
.
While it is true that judicial power is vested in courts,
by restoring stolen property to a percon claiming to be its owner
under the provisions of Section 1413 of the Penal Code, the
Division Staff Officer does not really decide the issue of owner-
ship, since his decision is only binding in the sense that the
claimant receives possession of the property. The Division Staff
Officer's decision does not have the force of a judgment, because
Section 1413 (c) of the Penal Code empowers the court having juris-
diction over the cr!~inal case in question to review the question
of ownarship, upon the application of a party aggrieved by the
Division Staff Officer's decision.
While there are no California cases construing Section
1413 of the Penal Code, the California Supreme Court, in Garson vs.
Division of Labor Law Enforcement, 33 Ca 2nd 861, 206 P2nd 368 (1949)
considered the validity of Labor Code provisions giving the Labor
Commissioner power to settle disputes between employment agencies
and their clients. The Supreme Court held that the Commissioner's
authority was valid because the statute also provided for review
by a jUdicial hearing. The Supreme Court suggested that the avail-
ability of such a hearing precluded any deciaion by the Labor Com-
missioner from having the force of a legal jUdgment, and hence was
valid.
.
The same reasoniüg would appear to prevent Section 1413
of the Penal Code from having the force of a judgment, thus valid-
ating the administrative procedure outlined therein.
If you have any further questions, please let me know.
v~·
DAVID H. ADAMS
City Attorney
DHA:di
Enclosure (1)
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JIm. P....... cIIa/'KU( propert, I«a-.; I'IC-'
0,4 of tI\IÞf,ly .UeeU\y ,!olea" .... 1Df.b1t "1"
. bezzletl; del;'ol')' to owner; m'low It7 IlSâst.. of .lul,. 3, 1978
ma,ialtùeõ liabili\)' CiC7 C(,!æcU Meeting
la> Tho ckrk . po:t>oll having chargo of tho p... 3
prope..y IOC\ÌOa '" an)' IJOiÌ<:O depat\llhlo~ io aoy
il\CGl' lOl'allMl ciLJ!II'_n. ot tot any Iho:i!rl depart-
, meet in IUIJ' co1lÌlt¡>, ....11 eIIler io a luiù.ble book a
. .-riptioa of 0'Iff'111'\1c11 or pr¥perly aIIf¡ed 10 be
, .uoIee or .IIIbu&W,Ud lnulIU inlO \he otrlllO 01'
, woa from the IIIIOa ot a priaoner. and ohaIlauach'
am' . ;;cr 10 each atûclo, and make a corresponding
0011.' 1~ .rcot, H.1I!oIf o..¡:rave or imbed an identitì·
. cotio".umbor iA J!II'OIhOf\y d.....ibod in Section 537.
; tor the purpooea'1Jleres¡t.
(b) Tho durk OI'JIIftOn in charge of the propeny
aocUon may. Upoll ìal.iúaelory proat of lho ownorship
of properly bei.t ......nt Îo Sectioø 1407, and upon
pn:sen1.&tion of proper perlOnaI idonûtìcaûon, dcliver
it to tho owner. Such doIivery shall bo without
, prejudice to the ataIe or to tho perlOn from whom
, r...Wlly of tho propert)· was taken or 10 any olher
: ~n who mlY ÏIa... & claim a¡¡ainsl the properly.
: Prior to IUch delivery luch clerk or person in charge
I or the propcn1 _tion .hall make and retain a
" complete photographic record of suçb propeny, The
pcnoII to whom ..........y is de¡Í\'erod shall sign,
I uDder penallY of lll'jQlj', a declara.ion of ownership,
which Ihall be ntlaÏAad by the clerk or pc...n in
i char¡:o of the proper\y .....l.Ìon, This subdivision shall
,IO~ apply to "ny prvper1.y subject 10 foricilul'<: under
i any provision of law. Thia subdivision sball nolapply
, u:lI... Lb. .lerk or penon in charg. of tbe pro¡>on)'
I section h.. served upon th. ""r..n from wbom
, .:ustod)' of lh. propert)· "'III taken a nolice of a claim
: or ownership and a aopy of tho ul.Ì.faclory proot of
I ownenhip tendered .",j has allow.d .urh person
! "'.....""ble· oppor\W1ity to bo heard as to why such
, property should not be dcliv""'¡ to tho pc....n cl,im-
ing ownenh:p.
Ic) Th. magistrate bofore whom the complainl i.
¡aid, or who ..aøüøes lI:e ch~. against tbe person
a..used of stealing ot ombouiing lh. prop.rly, or 11\.
cou" boforo which a ltial is had for .:caling or
embculing it. shall u\>on applicalion b)' lh. person
from whom custody of th. properly was taken,
re\o¡cw thc d4:t.crmiaaLion of the cl<.:rk or person in
cr.arge of tho Iropcrt)' =lion, and ma)' order lh.
µro¡'\:rt.j· lakcn into the cu:¡¡tody of the court. upon a
iir.ding that the pers."'Ir. to whom the property w~.;,
de1:\'ercd is not. catit.:t..-d lhert:1.o. Such court. :shall
make its dctcrmiutiGn in the :lame m:~r.ncr as a
èctcrmbation is m:dc wh~ \!1c mal.lcr is before th~
CO¡;r\ pursuanl to Sections 140. to 1410, inclusi"e,
(c) The clcrk or person in charge 0: the pro~rly
secLion shall not be liable in damages for an)' official
ac~~on performed hcteunder in good faith.
(Enacted 1672. .'meDdod by St.1ts,197S, c. 774, § 2.)
Cr... RdeRDUa
D~;:.ot¡t¡on 0: ptt.put, taken ,¡rider lurch "-unflt, let , 15:)õ.
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