Loading...
HomeMy WebLinkAbout1991-01-07 City Council Summary Minutes Regular Meeting January 7, 1991 ITEM PAGE 1. Election of Mayor and Vice Mayor 65-221 1A. Suspension of Rules 65-222 2. Resolution Commending the Outstanding Public 65-223 Service of Mike Cobb as Mayor Oral Communications 65-224 Minutes of November 26 and December 3, 1990 65-224 Consent Calendar 65-224 3. Legislation Mandating Helmet Usage by 65-224 Motorcyclists - AB 7 (Floyd) - Support 4. Ordinance to Provide a Loan for the 65-224 Purchase of 630 Los Robles Avenue to Palo Alto Housing Corporation Apartments, Inc. Agenda Changes, Additions and Deletions 65-224 5A. (Old 5) Adoption of Finding for Denial of 65-225 Variance for Property Located at 330 West Charleston Road Adjournment to a Study Session re Council Priorities 65-226 at 9:00 p.m. 65-220 1/07/91 Final Adjournment in memory of Taeko Brown at 10:13 p.m. 65-227 65-221 1/07/91 Regular Meeting January 7, 1991 The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:35 p.m. Mayor Cobb announced that upon conclusion of the regular meeting Council would adjourn to a Study Session re Council Priorities for 1991 in the Council Conference Room. PRESENT: Andersen, Cobb, Fazzino, Kniss, Levy, McCown, Woolley, Sutorius ABSENT: Renzel SPECIAL ORDERS OF THE DAY 1. Election of Mayor and Vice Mayor (701) Vice Mayor Woolley would support Council Member Sutorius as Mayor on the first ballot. He was a public servant to the highest degree and Palo Alto would be fortunate to have him as Mayor for 1991. Mayor Cobb would also support Council Member Sutorius as Mayor on the first ballot. He had done a great deal for the City through the Northern California Power Agency which would have benefits to the community well into the future. RESULTS OF THE FIRST ROUND OF VOTING FOR MAYOR: VOTING FOR SUTORIUS: Andersen, Cobb, Fazzino, Kniss, McCown, Sutorius, Woolley VOTING FOR WOOLLEY: Levy City Clerk Gloria Young announced that Council Member Sutorius received seven votes and was appointed Mayor. Council Member Cobb would support Council Member Fazzino as Vice Mayor on the first ballot. Council Member Kniss would also support Council Member Fazzino as Vice Mayor and spoke to his tremendous experience in City govern- ment and wide participation in other local issues. RESULTS OF THE FIRST ROUND OF VOTING FOR VICE MAYOR VOTING FOR FAZZINO: Andersen, Cobb, Kniss, Levy, McCown, Woolley, Sutorius 65-222 1/07/91 VOTING FOR WOOLLEY: Fazzino Ms. Young announced that Council Member Fazzino received seven votes and was appointed Vice Mayor. Mayor Sutorius congratulated Vice Mayor Fazzino. Vice Mayor Fazzino thanked his family and those who worked on his campaign for their support. Mayor Sutorius accepted the responsibility of Mayor with pride and humility. His State of the City Address would occur on April 23, the anniversary date of the City's incorporation. While 1991 would be a tough year, he was confident he and his excellent colleagues would deal with it effectively and in a long-range manner. The City's highly professional staff, its citizens, and the City Council did not operate for the short range. He announced Council Member McCown would Chair the Finance and Public Works (F&PW) Committee and members would include Council Members Cobb, Kniss, and Levy. Council Member Andersen would Chair the Policy and Procedures (P&P) Committee and members would include Vice Mayor Fazzino and Council Members Renzel and Woolley. Mayor Sutorius introduced Supervisor Diane McKenna and welcomed all those individuals who honored Council by their presence at the meeting that evening. 1A. Suspension of Rules (701) MOTION: Council Member Cobb moved, seconded by Fazzino, to suspend the rules for purposes of considering a resolution of non- recognition. MOTION PASSED 8-0, Renzel absent. Mayor Sutorius said Council Member Woolley expressed a desire to not receive any recognition for her service as Vice Mayor during 1990. MOTION: Council Member Cobb moved, seconded by Sutorius, to approve the informal resolution regretting the rejection of its commendation for outstanding public service by Gail Woolley as Vice Mayor. MOTION PASSED 8-0, Renzel absent. Council Member Woolley thanked the Council for their kind words. 65-223 1/07/91 2. Resolution Commending the Outstanding Public Service of Mike Cobb as Mayor (710) MOTION: Mayor Sutorius moved, seconded by McCown, to adopt the resolution commending the outstanding public service of Mike Cobb as Mayor. RESOLUTION 6956 entitled "RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO COMMENDING THE OUTSTANDING PUBLIC SERVICE OF MIKE COBB AS MAYOR" MOTION PASSED 7-0-1, Cobb abstaining, Renzel absent. Mayor Sutorius said resolutions of appreciation could not possibly capture nor memorialize heart, energy, integrity, follow through, and the kind of leadership everyone respected. He noted special commendation to former Mayor Cobb for the first ever two-year budget and the guidance through the selection process for the City Attorney and City Auditor. Council Member McCown said it had been a pleasure to work under former Mayor Cobb and she looked forward to working with him for the next several years. Vice Mayor Fazzino commended former Mayor Cobb as being one of the most effective presiding officers he had ever encountered and for his leadership on economic issues. He appreciated when former Mayor Cobb seized the opportunity to immediately identify leader- ship opportunities for new members of the Council, and given the likelihood of eight new Council Members in three years time, it was extremely important. Council Member Kniss believed former Mayor Cobb coached the Council well and was extraordinarily supportive of new Council Members. Council Member Andersen honored former Mayor Cobb for his fairness. He referred to the Giants Baseball Stadium issue where Mayor Cobb demonstrated a greater love for the City of Palo Alto than for his Giants. Mayor Cobb represented the only city which voted no on the stadium. Council Member Cobb was touched by the words and presentations by his colleagues. He was proud of 1990. Council learned to work together and its level of competence and ability was the envy of almost every city. Progress was made in the regional arena. Regarding economic outreach, Council had taken some profound steps forward with respect to doing something proactively about assuring a strong economic future for the City. The task force was moving well and he believed it would be a great benefit for the City. Council needed to stop looking backward and start looking forward. 65-224 1/07/91 He urged Council to build on the foundation it began in 1990 and to give Mayor Sutorius all the support he needed in 1991. He was proud to have been the leader of such an outstanding team. He thanked his family and all those who honored Council by their presence that evening. RECESS 8:30 p.m. to 9:00 p.m. ORAL COMMUNICATIONS Ben Bailey, 333 Byron Street, regarding an illegal search on December 28, 1990. Betty Land, 824 Sycamore Drive, regarding concern about electro- magnetic fields, power substations, and video display terminals. Edmund Power, 2254 Dartmouth Street, regarding pro Harbor initia- tive, 1991 Election Year, and BCDC. APPROVAL OF MINUTES MOTION: Council Member Levy moved, seconded by McCown, approval of the Minutes of November 26, 1990 and December 3, 1990, as submitted. MOTION PASSED 8-0, Renzel absent. CONSENT CALENDAR Mayor Sutorius removed Item 5, Adoption of Finding for Denial of Variance at 330 West Charleston Road, at the request of a member of the public. MOTION: Council Member Cobb moved, seconded by Kniss, to approve Consent Calendar Items 3 and 4. Action 3. Legislation Mandating Helmet Usage by Motorcyclists - AB 7 (Floyd) - Support (725-02-01) (CMR:101:1) 4. ORDINANCE 4008 entitled "ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING ORDINANCE 3998 TO PROVIDE A LOAN FOR THE PURCHASE OF 630 LOS ROBLES AVENUE TO BE MADE TO THE PALO ALTO HOUSING CORPORATION (PAHC) APARTMENTS, INC. RATHER THAN TO THE PAHC" (300) (CMR:105:1) MOTION PASSED 8-0, Renzel absent. AGENDA CHANGES, ADDITIONS AND DELETIONS 65-225 1/07/91 City Manager Bill Zaner said Item 5 would become Item 5A. 65-226 1/07/91 5A. (Old 5) Adoption of Finding for Denial of Variance for Property Located at 330 West Charleston Road (300) (CMR:107:1) City Attorney Ariel Calonne said while adoption of the findings was before the Council and it could be discussed, it was not a public hearing and comments were not evidentiary in any way. Comments should only influence consideration to the limited extent that the findings before the Council might or might not accurately reflect Council's intent from the previously held public hearing. Steve Jeske, 330 W. Charleston Road, owned and occupied 330 W. Charleston Road. He urged Council to continue adoption of the findings to a future Council meeting. His rear adjacent neighbor was twice granted a continuance. Finding No. 1 said there were no exceptional or extraordinary circumstances, and Council did not even consider that his building was an attached accessory building which was allowed under the Uniform Building Code but not by the City of Palo Alto zoning. The Planning Commission could not think of another similar set of circumstances in the City. He believed that qualified his house as being unique, exceptional and extra- ordinary. Since monetary considerations were appropriate, he pointed out that if he was denied the variance, he could build the same thing effectively in the same spot again but it would require demolition of the entire structure because he would have to move in two walls thus moving the roof and dismantling the slab underneath and the footing, etc. While he could build four and one-half feet back, the structure could be substantially taller than it currently was. If he was granted the variance, he was constrained to use the existing envelope, and he believed it would be less of a detri- mental effect on his rear neighbor. He urged reconsideration of the findings. Mr. Calonne said the public hearing was closed and Mr. Jeske's comments were not evidence. The City Attorney's Office believed there was substantial evidence in the record to support the findings before the Council. If Council wished to modify the findings, it could be done not to consider what Council heard that evening but rather to consider what it heard during the public hearing. Council Member McCown referred to one of her original points of concern of the prior granting of a variance for a specific defined use and then a follow-on request to expand the scope of the variance in the future. There was initially an illegal use constructed and then a variance was granted to legalize the use but for a limited purpose. The subsequent property owner requested a further expansion. She believed the scenario was another ground for her view that the variance should have been denied. 65-227 1/07/91 Mr. Calonne said language would fit best under Finding No. 2. The reasoning would be the City determined in 1981 that the storage room variance provided enjoyment of the property right enjoyed by the rest of the zoning district and having made that finding and not been persuaded of any basis to change it, Council found no grounds for granting the additional variance. He suggested the sentence be incorporated into the finding. MOTION: Council Member McCown moved, seconded by Kniss, to approve the staff recommendation to adopt the following findings for denial of the variance at 330 West Charleston Road with additional language referenced by the City Attorney in Finding No. 2: FINDINGS 1. There are no exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district. Although the lot is located on West Charleston Road, an arterial road, there are numerous other residences located on arterial roads throughout the community and this circumstance, alone, does not constitute an excep- tional or extraordinary circumstance. The lot is of average size and typical configuration. 2. The granting of the application is not necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship, in that the property owner was aware that there was a restriction on the use of the storage room when the property was purchased. While a variance was granted in 1981, in order to legalize an existing illegal addition, the variance implied no right beyond the use of the room for storage. The 1981 storage room variance provided the level of property rights enjoyed by the rest of the zoning district, and having made that finding and having not been persuaded of any basis to change that finding, the Council finds no grounds for granting the additional variance. 3. The granting of the application will be detrimental to property and improvements in the vicinity in that the intensity of use and potential for privacy conflicts with the rear adjacent neighbor would increase with the proposed change from a storage room to a master bedroom. MOTION PASSED 6-1, Andersen "no," Sutorius "not participating," Renzel absent. 65-228 1/07/91 ADJOURNMENT Council adjourned to a Study Session re Council Priorities for 1991 in the Council Conference Room at 9:00 p.m. 65-229 1/07/91 STUDY SESSION RE COUNCIL PRIORITIES The purpose of the study session, the first of two study sessions to be devoted to the selection of Council Priorities for 1991, was to develop the list of potential issues from which the priorities would be selected. Council Members suggested a total of 27 issues. Staff was asked to provide information on the current level of City or staff activity on the various suggested priorities when the list was returned to the Council Members for scoring. FINAL ADJOURNMENT - Final adjournment at 10:13 p.m. in memory of Taeko Brown, founder of the Japanese Festival, who died on December 31, 1990 ATTEST: APPROVED: City Clerk Mayor NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Section 2.04.200(a) and (b). The City Council and Standing Committee meeting tapes are made solely for the purpose of facilitating the preparation of the minutes of the meetings. City Council and Standing Committee meeting tapes are recycled two years from the date of the meeting. The tapes are available for members of the public to listen to during regular office hours. 65-230 1/07/91