HomeMy WebLinkAbout1997-10-27 City Council Summary Minutes Regular Meeting October 27, 1997 1. Resolution of the City Council of the City of Palo Alto Expressing Appreciation to Richard G. Cominos Upon His Retirement.............................................85-91 ORAL COMMUNICATIONS.........................................85-91 2. Amendment No. 1 to Agreement No. S8097109 Between the City Of Palo Alto and Skyhawks Sports Academy to Increase Compensation Authority for Operating Summer Sport Camp Programs.....85-92 3. Consultant Agreement Between the City of Palo Alto and Stone & Youngberg for Professional Financial Advisory Services.85-92 4. Contract Between the City of Palo Alto and Detrick Corporation for the La Para Avenue Sanitary Sewer Project Replacement85-92
5. Resolution 7717 entitled ΑResolution of the Council of the City of Palo Alto Declaring Its Intention to Amend Section 12.16.020 of Chapter 12.16 of Title 12 of the Palo Alto Municipal Code by Establishing Underground Utility District Number 38".............................................85-92 6. Contract Between the City of Palo Alto and Testing Engineers, Inc. for Soil Testing Services.........................85-92 7. Consultant Contract Between the City of Palo Alto and TechWise Consulting, Inc. for Information Technology Application Development Services for the Utilities Customer Information System.................................................85-93 8. Conference with Real Property Negotiator...............85-93 9. Conference with City Attorney--Potential/Anticipated Litigation.............................................85-93 10. PUBLIC HEARING: The City Council will consider an appeal of
the Zoning Administrator=s decision of a conditional use permit for the operation of a private outdoor recreation service (tennis facility) for property located at 3009 Middlefield Road on the site of the former Chuck Thompson Swim and Tennis Center including the reorientation of two of the
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four existing tennis courts, resurfacing of the two remaining courts and construction of one additional court and a park area, including restroom facilities, in a PF Zone District (continued from 9/15/97)...............................85-93 11. PUBLIC HEARING: The Palo Alto City Council will consider a Palo Alto Medical Foundation request for the Urban Lane Palo Alto Medical Foundation Campus to 1) reduce or eliminate the Inspection Services Fee Schedule as it pertains to Plan Check Fees and on-site Building Inspectors, and 2) modify the Housing Mitigation Fee Ordinance (Chapter 16.47 of the Palo Alto Municipal Code)(continued from 9/22/97)...........85-94 12. PUBLIC HEARING: The Palo Alto City Council will consider an appeal from the decision of the Director of Planning and Community Environment and the Architectural Review Board to impose a condition upon the approval of modifications to an existing building located at 480-496 University Avenue (President Apartments).................................85-94 13. Request from Museum of American Heritage for Cost Assistance with Structural Repair of Williams Property, 351 Homer Avenue......................................................85-101 14. Mr. Huber re Cancellation of the November 3, 1997, Regular City Council Meeting .................................85-103 15. Council Comments, Questions, and Announcements........85-103 ADJOURNMENT TO CLOSED SESSION: The meeting adjourned to Closed Session at 8:35 p.m...................................85-103 FINAL ADJOURNMENT: The meeting adjourned at 9:49 p.m......85-103
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:10 p.m. PRESENT: Andersen, Eakins, Fazzino, Huber, Kniss, Rosenbaum, Schneider, Wheeler ABSENT: McCown SPECIAL ORDERS OF THE DAY 1. Resolution of the City Council of the City of Palo Alto Expressing Appreciation to Richard G. Cominos Upon His Retirement Police Chief Chris Durkin said that over the past 25 years, Richard
Cominos always extended his hand to help others. Mr. Cominos= personnel file was full of letters of appreciation from members of the community, school officials, students, and other law enforcement agencies. In 1995, Mr. Cominos was recognized as the outstanding instructor by the graduating class of the Police Reserve Academy. Richard Cominos said he had a wonderful career in Palo Alto. He stayed because he had the support of the citizens of the community and the employees of the City of Palo Alto. MOTION: Council Member Schneider moved, seconded by Rosenbaum, to adopt the Resolution. MOTION PASSED 8-0, McCown absent.
Resolution 7716 entitled ΑResolution of the Council of the City of Palo Alto Expressing Appreciation to Richard G.
Cominos Upon His Retirement≅ MOTION: Vice Mayor Andersen moved, seconded by Kniss, to cancel the Tuesday, October 28, 1997, City Council Meeting, and continue the Comprehensive Plan item to Monday, November 10, 1997. MOTION PASSED 8-0, McCown absent. ORAL COMMUNICATIONS T. J. Watt, homeless, spoke regarding more photos to show projects should have been planned. Howard J. Smith, 720 La Para Avenue, spoke regarding parking for
ΑReach≅ program at Cubberley (stroke patients recovery).
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Shirley Wilson, 509 Hale Street, spoke regarding Measures O and M. Edmund Power, 2254 Dartmouth Street, spoke regarding responsibility
(letter on file in the Clerk=s Office). Bill Watson, 1305 Bay Laurel Drive, Menlo Park, spoke regarding Sand Hill Road. Herb Borock, 2731 Byron Street, spoke regarding Neighborhood Commercial Zone Site Development Regulations. CONSENT CALENDAR MOTION: Vice Mayor Andersen moved, seconded by Wheeler, to approve Consent Calendar Item Nos. 2-7. 2. Amendment No. 1 to Agreement No. S8097109 Between the City Of Palo Alto and Skyhawks Sports Academy to Increase Compensation Authority for Operating Summer Sport Camp Programs 3. Consultant Agreement Between the City of Palo Alto and Stone & Youngberg for Professional Financial Advisory Services
Ordinance 4461 entitled ΑOrdinance of the Council of the City of Palo Alto Amending the Budget for the Fiscal Year 1997-98 to Provide an Additional Appropriation for Professional
Financial Advisor Services≅ 4. Contract Between the City of Palo Alto and Detrick Corporation for the La Para Avenue Sanitary Sewer Project Replacement
5. Resolution 7717 entitled ΑResolution of the Council of the City of Palo Alto Declaring Its Intention to Amend Section 12.16.020 of Chapter 12.16 of Title 12 of the Palo Alto Municipal Code by Establishing Underground Utility District Number 38" 6. Contract Between the City of Palo Alto and Testing Engineers, Inc. for Soil Testing Services 7. Consultant Contract Between the City of Palo Alto and TechWise Consulting, Inc. for Information Technology Application Development Services for the Utilities Customer Information System MOTION PASSED 8-0 for Item Nos. 2-7, McCown absent. CLOSED SESSION This item may occur during the recess or after the Regular Meeting. 8. Conference with Real Property Negotiator 10/27/97 85-92
Property: 360 Sheridan Avenue Potential Negotiation Parties: Sam Webster and general
partners in ΑThe Sheridan≅ Subject of Potential Negotiation: Price and Terms of Payment Authority: Government Code section 54956.8 9. Conference with City Attorney--Potential/Anticipated Litigation Subject: Significant Exposure to Litigation on one matter Authority: Government Code section 54956.9(b)(1) & (b)(3)(A) Herb Borock, 2731 Byron Street, reminded the City Council of its funding of the Arastradero Park Apartments. UNFINISHED BUSINESS 10. PUBLIC HEARING: The City Council will consider an appeal of
the Zoning Administrator=s decision of a conditional use permit for the operation of a private outdoor recreation service (tennis facility) for property located at 3009 Middlefield Road on the site of the former Chuck Thompson Swim and Tennis Center including the reorientation of two of the four existing tennis courts, resurfacing of the two remaining courts and construction of one additional court and a park area, including restroom facilities, in a PF Zone District (continued from 9/15/97) Mayor Huber said pursuant to Council direction, a meeting was held participating, and he understood another mediation was scheduled for the following Thursday. Zoning Administrator Lisa Grote said that was correct. She understood the mediation was continuing. Vice Mayor Andersen said he attended the meeting. Both parties agreed they needed another meeting. It was impossible to schedule another meeting prior to the October 27 Council meeting. He indicated to them that he would request the Council continue the item in order for the meeting to take place. MOTION TO CONTINUE: Vice Mayor Andersen moved, seconded by Eakins, to continue the Public Hearing to the Monday, December 1, 1997, City Council meeting. MOTION PASSED 8-0, McCown absent. 11. PUBLIC HEARING: The Palo Alto City Council will consider a Palo Alto Medical Foundation request for the Urban Lane Palo
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Alto Medical Foundation Campus to 1) reduce or eliminate the Inspection Services Fee Schedule as it pertains to Plan Check Fees and on-site Building Inspectors, and 2) modify the Housing Mitigation Fee Ordinance (Chapter 16.47 of the Palo Alto Municipal Code)(continued from 9/22/97) (Item to be continued to December 1, 1997, at the request of staff) MOTION TO CONTINUE: Council Member Wheeler moved, seconded by Schneider, to continue the item to the Monday, December 1, 1997, Council Meeting. MOTION TO CONTINUE PASSED 8-0, McCown absent. PUBLIC HEARINGS 12. PUBLIC HEARING: The Palo Alto City Council will consider an appeal from the decision of the Director of Planning and Community Environment and the Architectural Review Board to impose a condition upon the approval of modifications to an existing building located at 480-496 University Avenue (President Apartments). Zoning Administrator Lisa Grote said the item was an appeal of a minor Historic Resources Board (HRB) and Architectural Review Board (ARB) application for awning, signage and a wrought iron gate at the President Apartments which was a Category II building located Downtown. HRB originally recommended approval of the application with a condition that included painting the spindles above the awnings a contrasting darker color. That recommendation was forwarded to the ARB who recommended approval with a condition that the color of the spindles be a contrasting dark green. The applicant asked for reconsideration by the ARB of that specific condition. Upon re-review of the application, the ARB modified the condition to include either the contrasting dark green color or a contrasting dark brown color which would match the paint trim and balcony colors on the existing building. The applicant appealed the decision based on that condition and requested the spindles be allowed to remain the existing color which was the same off-white color as the building. The staff, HRB, and ARB recommended upholding the original ARB approval which included the contrasting color of the spindles to be dark green or dark brown. Historic Resources Board Member Dennis Backlund spoke with the appellant regarding the contents of the staff report. The President Apartments, a Category II significant building, was designed by Birge Clark in 1929 and opened in 1930. It was designed in the Spanish Colonial style which had become one of the signature historic styles in Palo Alto. A folder of historic
photos of the President=s facade which showed the spindles in the past and available for Council review. Page 2 of the staff report (CMR:435:97) indicated that the HRB discussed the spindle coloration on May 7, June 18, and July 2. Brown was the only
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specific color discussed. The staff report attributed a discussion
of Αhistoric≅ brown to the HRB on May 7, but the word Αhistoric≅ did not occur in the HRB minutes of that meeting or the two other HRB meetings. The HRB final recommendation to the ARB, voted on July 2, included a condition that the wood spindles be painted a contrasting color. Although the color brown had been discussed by
the HRB, a presentation by the applicant=s designer, Charles Holman, raised questions about brown, so the HRB left the specific color of the spindles up to the designer. Regarding the paragraph
entitled ΑRecommendation≅ on page 1 of the staff report, the HRB did not discuss or review the dark green color for the spindles.
HRB=s position on the color was not known. Regarding attachment 2, the letter from Chris Dressel, the language of the last sentence of paragraph 4 was not consistent with the ARB minutes of September
18. The sentence should have read, ΑHe is not in agreement with
the ARB=s recommendation to paint the spindles green.≅ Regarding attachment 3, page 5, fourth paragraph, on the subject of historic evidence, 1955 was the date of the earliest color photo of the
President=s facade. The word Αcolor≅ was omitted in the minutes. Black and white photos of the President Apartments dated from 1930. Architectural Review Board Member Robert Peterson said the ARB reviewed the application twice. The application was for awnings and signage. Those elements and spindles were contained in an existing opening and were considered as one element not to be separated out. The three issues the ARB looked at and reviewed were the repainting of the exterior of the building, the historic character of the building, and the appropriateness and compatibility of the design elements. There was general agreement on the first issue that the color of the building was not the same as before and not appropriate to that building. That was not part
of the ARB=s purview since the building was designed and painted prior to the existence of the ARB. In consideration of the historical issue, the photos ARB reviewed seemed very unclear as to what the color was and whether there were contrasting colors on the
spindles. The applicant=s proposal was not historical in that the awnings and supports did not replicate what was there originally. The ARB unanimously agreed that the contrasting color was more appropriate to the design of the building. Mayor Huber declared the Public Hearing open. Chris Dressel, 488 University Avenue, said since he purchased the property about a year and a half before, he had done restoration of
the property. As part of the process for Pluto=s to go into that space, he restored the storefront along with the tile which was matched as closely as possible to the current tile that was around the rest of the building. During the ARB and HRB process, he agreed to modify the sign panel for the awnings and the color of the awning. The condition of painting the spindles a contrasting
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color to the building had been attached. When the awning proposal went for review, he thought it was just for the awning. Subsequent to that, the issue of the color of the building had come back. When the building was originally painted, Dennis Backlund questioned the appropriateness and historical nature of it. At that point, he contacted the Planning Department and was informed that as long as he was restoring the building to essentially the same color, an application was not needed. The painting of the building was subsequently finished, and Mr. Backlund was interested in a future review process for those type of buildings to inventory and come up with appropriate colors. He asked at the second ARB appeal what the precedence was for an awning applicant to be required to paint a fixture of the building or to modify another part of the building, but he did not receive an answer . The recommendation for a change in color to the spindles originally came from the HRB that pertained to a commercial property. He believed there were other qualifications for residential, but as far as commercial property was concerned, the HRB recommendation to the ARB was a recommendation. He questioned why a recommendation that was not resolved by the ARB, would not be dropped or looked at further. He did not come to an agreement about changing the spindles. Historically, the spindles had not been painted a dark color. The building was probably originally painted a different color, but painting the spindles a dark, contrasting color would not be historic. He asked if the Council was prepared to make a historic decision on a historic building. Council Member Rosenbaum said the application had dragged on for months and asked why Mr. Dressel felt so strongly about the condition. Mr. Dressel said there was no record of what the building looked like. The building was concrete color when he purchased it. He and the other owners of the building did not think the spindles would look good painted darker and they were fighting for the right to treat their building the way they thought it should be treated. Council Member Rosenbaum clarified it was an aesthetic issue which was perfectly legitimate. Mr. Dressel said there were several issues, including aesthetics. He questioned the process and asked if the HRB recommendation could be made part of the application. Mayor Huber declared the Public Hearing closed. Council Member Wheeler said Mr. Dressel raised a question of what
happened to an HRB recommendation to the ARB. Mr. Dressel=s understanding was if the applicant and the HRB did not come to an agreement, the recommendation would go away. That was not her understanding of the process.
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City Attorney Ariel Calonne said the recommendation had prima facie evidentiary weight with the ARB. The HRB did what it needed to do to give the ARB the basis it needed for action. It was a recommendation but sufficient enough to be the basis for ARB action. Council Member Wheeler clarified there did not have to be agreement between the HRB and the applicant for a project for the ARB to consider the recommendation. Director of Planning and Community Environment Ken Schreiber said the appeal before the Council was an appeal of ARB actions, not HRB actions. The ARB took advice and input from the HRB in reviewing projects. Commercial projects fell within the jurisdiction of the HRB. Mr. Peterson explained, the opening was a unified area, so the spindles were part of the issue in looking at the awnings. Mr. Calonne asked whether Council Member Wheeler was looking for the role of the historic decision making or the relationship of the spindles to the awnings. Council Member Wheeler said she asked what generally happened to any recommendation that the HRB made to the ARB. Ms. Grote said on a practical basis, the ARB would take HRB recommendations under advisement. Council Member Wheeler asked whether there had to be agreement at the HRB level between the members of the HRB and the applicant for a particular project before the recommendation would move forward. MOTION: Council Member Kniss moved, seconded by Schneider, to approve the appeal of the decision of the Architectural Review Board (ARB), Historic Resources Board (HRB), and staff recommendation with the following findings and conditions: ARB STANDARDS FOR REVIEW/FINDINGS 480-496 UNIVERSITY AVENUE, 97-HRB-111, 97-ARB-76 The proposed design furthers the goals and purposes of the ARB Ordinance as it complies with the Standards for Architectural Review as required in Chapter 16.48 of the PAMC.
! The design is consistent and compatible with applicable
elements of the city=s comprehensive plan (Standard #a1). The site is designated Regional Community/Commercial and the proposed exterior modifications of the residential apartments are compatible with this land use designation of the Comprehensive Plan.
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! The design is compatible with the immediate environment of the
site (Standard #a2). The proposed awnings, signage program and wrought iron gate would be compatible with the immediate environment of the site and consistent with general character of the area because the overall historic appearance and character are maintained.
! The design is appropriate to the function of the project (Standard #a3). The proposed design maintains an original design element of the existing building and function of awnings to provide shade and protection from the elements; the signage program provides a way to identify the retails tenant; the wrought iron gate provides security and privacy to the rear entrances of the tenant spaces.
! In areas considered by the board as having a unified design character or historical character, whether the design is compatible with such character. (Standard #4) The proposed awnings, signage program and wrought iron gate are consistent with the historical character in that they maintain a similar scale and detail as the original elements.
! The design promotes harmonious transitions in scale and character in areas between different designated land uses (Standard #a5). The proposed awnings maintain the same location, size and scale of the existing awnings.
! The design is compatible with approved improvements both on and off the site (Standard #a6). The design of the project is compatible with the existing improvements both on and off the site because the awnings are restored. The proposal is integrated through location and design to provide a pedestrian scale that blends in with the existing characteristics of the site.
! The planning and siting of the various functions and buildings
on the site create an internal sense of order and provide a desirable environment for occupants, visitors and the general community (Standard #a7). The proposal maintains the existing site planning, definition of open space, and circulation. This creates an internal sense of order to the site and provides a desirable environment for visitors and the general community.
! The amount and arrangement of open space are appropriate to
the design and the function of the structures (Standard #a8). This finding does not apply because the subject lot does not have open space on the site.
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! The sufficient ancillary functions are provided to support the
main functions of the project and whether the same are
compatible with the project=s design concept (Standard #a9). The proposal maintains architectural design elements that do not impact the existing main function of the existing residential apartment building.
! The access to the property and circulation thereon are safe and convenient for pedestrians, cyclists and vehicles (Standard #a10). The proposed awnings, signage program and wrought iron gate proposal do not impact the access to the property and circulation of the site.
! That natural features are appropriately preserved and integrated (Standard #11). This finding does not apply because subject site does not have natural features to be preserved and integrated in the proposal.
! The materials, texture, colors and details of construction and plant material are appropriate expression to the design and function and whether the same are compatible with the adjacent and neighboring structures, landscape elements and functions (Standard #a12). The proposed use of materials, texture, and details is appropriate expression to the design of the facility and is compatible to neighboring structures. The wood spindles, awnings and storefront window read as one entity on the building elevation. Therefore, the condition of approval for a dark green or the dark brown color of the railings and trim on the existing building or the contrasting color of the spindles provides an appropriate contrast.
! Whether the landscape design concept for the site, as shown by
the relationship of plant masses, open space, scale, plant forms and foliage textures and colors create a desirable and functional environment (Standard #13). This finding does not apply because the subject lot does not have existing landscaping on the site.
! The plant material is suitable and adaptable to the site, capable of being properly maintained on the site, and is of a variety which would tend to be drought-resistant and to reduce consumption of water in its installation and maintenance
(Standard #a14). This finding does not apply because the subject site does not have existing landscaping on the site.
! The design is energy efficient and incorporates renewable energy design elements (Standard #a 15). This finding does not apply because the proposed awnings and gate do not affect the energy design of the existing building.
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Council Member Wheeler said the Council had appointed five people with professional credentials to make decisions for the Council. She concurred with the recommendation of the ARB about the aesthetics of the window openings which included the awnings and spindle decorations in front of the windows. Council Member Schneider said it was not the place for the Council to determine the color of a building. She felt that the applicant painted the building a certain color, and the spindles were never questioned at that time. Council Member Kniss hoped in the future the Council would deal with matters of more substance than spindles. Vice Mayor Andersen said he wanted to see the Council be more flexible with that type of application. Council Member Fazzino said the application should not have come to the Council. The Council was not one of the best arbiters of color design. He was not convinced that what was proposed by the ARB and HRB was the historic approach. Council Member Eakins questioned the recessed area behind the spindles which appeared to be painted a dark color. Mr. Backlund said it had a semi-opaque glass approach which made it look darker than the current spindles. There was a contrast. MOTION PASSED 6-2, Rosenbaum, Wheeler Αno,≅ McCown absent. REPORTS OF OFFICIALS 13. Request from Museum of American Heritage for Cost Assistance with Structural Repair of Williams Property, 351 Homer Avenue Senior Financial Analyst Janet Freeland said the Museum of American Heritage requested City assistance with costs up to $65,000 for correcting recently discovered structural problems with the Williams House at 351 Homer Avenue. Since the preparation of the staff report, the Museum had obtained additional opinions of the stucco, including one from a contractor experienced in plaster testing and restoration who confirmed that the stucco needed to be replaced rather than patched. Complete costs were not available, but the Museum required a response from the City in order not to delay the scheduled project completion and opening of the Museum. Past Council action required that the Williams property be used and improved at no cost to the City. The recent discovery of possible significant conditions was not anticipated or budgeted for by the Museum and required staff to seek Council direction. City Manager June Fleming emphasized that staff was unable to change the direction the Council originally gave to staff. She
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said that the Museum representatives had met with staff and were convincing in their presentation. Options were outlined in the staff report (CMR:442:97). Council Member Kniss said Council was essentially out of the business. She asked whether a precedent would be set. Ms. Fleming said she did not believe a precedent would be set. There were realities with the situation that the Council was confronted with. One was that staff and Council had been extremely focused on preserving the facility. One of the options was a loan which would not end up with the City to spend any of its resources.
The money would be loaned at the City=s portfolio rate. The Museum completed its major fundraising, and to raise the additional funds to open the house was an impossible task for the Museum to achieve. Joseph Erlich, 1915 Oak Avenue, Menlo Park, said he distributed copies of expert opinions that were requested. The important issue was whether anyone would have predicted the problem. He assumed, as mentioned in his letter of September 15, 1997, that the Museum would patch and paint. The problem surfaced when a bid to do the work was received. He asked the contractor to look at the crawl space outside the basement and take photographs of the inside of the sheathing. He found it strange that the termite inspection showed $3,000 worth of repair. The blocking between the joist had to be removed in order to see the condition of the sheathing, which was deteriorating. The loan would burden the Museum for five years. The Museum staff felt it entered into the project in good faith and believed that no one would have anticipated the additional cost. He asked the Council to give the Museum an allowance strictly for the repair. MOTION: Council Member Kniss moved, seconded by Andersen, to direct staff to return to Council for approval of a Budget Amendment Ordinance to cover the entire cost, not to exceed $65,000. Vice Mayor Andersen said the building was a community asset that would serve the City for quite some time. Council Member Wheeler said the City got more out of the building than what was expected when the gift was first discussed. The occupant has worked to restore the original building, garage, and historical gardens. It was appropriate for the City to participate in helping get the building in top condition. MOTION PASSED 8-0, McCown absent. City Manager June Fleming said she would bring the item back on the Consent Calendar. COUNCIL MATTERS
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14. Mr. Huber re Cancellation of the November 3, 1997, Regular City Council Meeting MOTION: Council Member Kniss moved, seconded by Fazzino, to cancel the October 28, 1997, City Council Meeting and continue the Comprehensive Plan item to Monday, November 3, 1997, instead of Monday, November 10, 1997. MOTION PASSED 8-0, McCown absent. 15. Council Comments, Questions, and Announcements ADJOURNMENT TO CLOSED SESSION: The meeting adjourned to Closed Session at 8:35 p.m. The City Council met in a Closed Session to discuss matters involving property negotiation and litigation as described in Agenda Item Nos. 8 and 9. Mayor Huber announced that no reportable action was taken on Agenda Item Nos. 8 and 9. FINAL ADJOURNMENT: The meeting adjourned at 9:49 p.m. ATTEST: APPROVED:
City Clerk Mayor NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Sections 2.04.180(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 90 days from the date of the meeting. The tapes are available for members of the public to listen to during regular office hours.
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