HomeMy WebLinkAbout1989-05-15 City Council Summary MinutesCITY COUNCIL
MINUTES
PALO ALTO CITY COU NCIL MEETINGS ARE BROADCAST LIVE VIA KZSLI- FREQUENCY 90.1 ON FM DIAL
Regular Meeting
May 15, 1989
ITEM P14G
1. Resolution Congratulating YMCA of the Mid- 61-347
Peninsula on its 50th Anniversary
Oral Communications 61-347
Minutes of April 10, 1989 61-347
Consent Calendar 61-347
2. Contract with George Bianchi Construction, 61.348
Inc, for Sidewalk Replacement
4. Ordinance Amending Budget to Provide an 61-348
Additional Appropriation for the Hu an
Services Division of Social and Community
Services Department, and to Provide for
Receipt of Grant Funds from the State of
California
5. PUBLIC HEARING: Planning Commission Recom-
mendation re Application of Adrian E. Smith
for Property Located at 480 Dymond Court
6. PUBLIC HEARING: 250 University Avenue
Parking Project Assessment. District
7. Historic Resources Board Recommendation re
Change of Composition of the Board
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8. Ordinance to Change the Classification of 61-358
Property Known as 250, 262 and 266 University
Avenue from CD -C (GF) (P) to PC
9. City Manager Williim Zaner re Senate Bill 61-359
1267 (Davis) - Brown Act: Closed Sessions
10. Council Member Ellen Fletcher re Representa- 61-359
tion an the Metropolitan Transportation
Commission
Adjournment at 9:10 p.m. 61-359
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Regular Meeting
May 15, '1989
The City Council of the City of Palo Alto met on this date in the
Council Chambers at 7:36 p.m.
PRESENT: Bechtel, Cobb, Fletcher, Klein, Levy, Patitucci
(arrived at 7:45 p.m.), Renzel, Sutorius, Woolley
SPECIAL ORDER, QF T}t$ DAY
1. Resolution Congratulating the YMCA of the Mid -Peninsula on its
50th Anniversary
NOTION: Council Member Sutorius moved, seconded by Cobb, to adopt
the Resolution.
RESOLTfION 6774 entitled "RESOLUTION OF THE COUNCIL OF THE
CTTY OF PALO ALTO► CONGRATULATING THE YMCA OF THE ?4ID-PENINSULA
ON ITS 50TH ANNIVERSARY" (504) (NPG)
MOTION PANNED 8-0, Patitucci absent.
Christine Irving, Chairperson of the Board of the YMCA of the Mid -
Peninsula, accepted the Resolution. The YMCA in Palo Alto started
in 1939, for the purpose of strengthening and enriching the mental,
physical and spiritual wellness of all people and to improving
conditions within the changing patterns of family and community
life.
ORAL COMMUNICATIONS
1. Ben Bailey, 171 Everett, spoke regarding AB 2222 (Sher).
2. Harrison Otis, 2721 Midtown Court, spoke regarding Police/Fire
Department services.
APPROVAL Of MinTAS
NOTION: Council Member Renzel moved, seconded by Fletcher,
approval of the April 10, 1989 minutes, as corrected.
LION PASS= 9-0.
Q NS R
NOTION: Council Member Sutorius moved, seconded by Klein, approval
of Consent Calendar- Items 2 - 4, with Item 3 removed by staff.
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2. Contract with George Bianchi Construction, Inc. for Sidewalk
Replacement, and Change Orders not to exceed $10,000 (1011)
(CMR:255:9)
4. QRUINANCE 387,1 entitled "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1988-89
TO PROVIDE AN ADDITIONAL APPROPRIATION FOR THE HUMAN SERVICES
DIVISION OF THE SOCIAL AND COMMUNITY SERVICES DEPARTMENT, AND
TO PROVIDE FOR THE RECEIPT OF GRANT FUNDS FROM THE STATE OF
CALIFORNIA" (412-02-02) (CMR:258:9)
MOTION PASSED 9.0.
PUBLIC, HEARINGS
5. PUBLIC HEARING: Planning Commission recommendation re
Application of Adrian E. Smith for a preliminary parcel map,
for property located at 480 Dymond Court (300) (CMR:252:9)
Planning Commissioner Pam Marsh said the Planning Commission
unanimously voted to overturn the staff recommendation for three
reasons. Except for the property at Cowper and Dymond, all of the
other properties on Dymond Court were substandard in size. The
proposed subdivision to create two lots in the range of 4,100
square feet was far more compatible with the already existing lots
on Dymond Court than was the potential to develop one large home
on an 8,000 square -foot lot. The Commission also believed the
proposed subdivision could sustain the allowed development since
there already were two mail homes on the two lots. While the
variance process provided the potential for much greater develop-
ment on the two lots, the judicial nature of the process also
provided the City the opportunity to say lno" to any kind of
development which might be incompatible. Precedents also existed
in terms of one subdivision at the corner of Guinda and Lytton
where t/Ne subdivision would have split off a small cottage from a
much larger hose thereby creating a substandard lot. The
Commission and Council voted to grant the subdivision, and as it
turned out, the large home which was in a state of disrepair at the
time of the application was purchased and was in the process of
being fixed up. The second precedent related to the subdivision
on Lincoln Court, where a large home with much different develop-
ment potential was being built in a court that otherwise had seen
small h mmeb. The conflict between the larger hose and the smaller
horses caused a lot of disruption among the neighbors. The
precedents supported granting of the subdivision.
Counci 1 Member Cobb queried whether any attempt was made to
restrict tho size of the potential development of the smaller
homes.
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Ms. Marsh did not believe specific sizes were discussed; however,
the development would be subject to the variance process.
Mayor Klein declared the Public Hearing open.
Adrian Smith, 480 Dymond Court, said the neighborhood was upgrading
in terms of people taking care of the appearance of their homes and
more homes being owner -occupied. The variance requests related to
lot depth from the required 100 foot minimum to 99.8 feet, a
conforming lot line of 6 feet, and another of 4 feet which was
large enough to support a reasonable pathway if desired. The
detached garage at 482 Dymond Court was 62 feet back from a lot
line and the planning Department specifications required 75 feet.
The overall lot area was 41 feet frontal distance versus current
City minimums of 60 feet. The structures currently covered between
25 and 27 percent of the lot area, and all existing structures and
trees would be retained. The neighborhood supported the project,
and he saw no effect on traffic patterns or other environmental
conditions. The subdivision would result in putting a line where
an implicit one had existed for many years. The subdivision would
also result in returning the zoning to a consistent R--1 status.
Council Member Sutorius asked whether plans existed to add space
at the rear of the property at 480 Dymond Court.
Mr. Smith said no. A patio was in severe disrepair in many places,
and on advice of his insurance carrier. he intended to alleviate
a dangerous situation. His plan was to clear the backyard and
decide what to do.
Jennifer Ingko, 478 Dymond Court, agreed the neighborhood was
upgrading, and supported Mr. Smith's application based on the fact
it would help to preserve the neighborhood's integrity. She did
not want an oversized house on the lot and in the neighborhood.
Charles Mayman, 479 Dymond Court. supported the proposal.
Council Member Renzel asked whether setbacks on private streets
were figured the same as on public streets, and whether the eight
feet to the center of the street was figured in the lot depth area.
Chief Planning Official Carol Jansen said setbacks on private
streets were counted the same way as they were for public. The
eight feet to the street was not included in the lot depth area.
Council ;!ate Renzel clarified whether the lot size was larger
than desigrted in the staff report (CHR:252:9) or whether it
included the street ownership.
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Zoning Administrator Nancy Lytle said the lot size should not
include the right-of-way.
Council Member Renzel clarified in some sense if the right-of-way
were part of the lot, they were not quite as substandard as they
appeared. For purposes of figuring how big a house could be
constructed and setbacks, it was as if the street were public.
Ms. Jansen said that was correct.
MOTIOR's Council Member Woolley moved, seconded by Levy, to approve
staff recommendation approving 89 -PM -03, 89-EIA-17, based on the
Planning Commission's new findings:
Findings:
1. The presence of the two existing hom:ms on the property, and
the fact that 480 Dymond Court is predominantly surrounded by
smaller single-family homes on substandard lots, constitutes
extraordinary circumstances.
2. Providing 480 and 482 Dymond Court with separate legal parcels
will provide the pr operty owners only with the same rights as
those now enjoyed by the majority of other property owners on
the Court, who have similar -sized single-family dwellings on
substandard lots.
3. The proposed subdivision is consistent with the scale of
existing development on Dymond Court, and given the support
of all the surrounding neighbors on Dymond Court, the
subdivision should be compatible with th•e surrounding
properties that will be most directly affected.
4. The proposed subdivision is consistent with Policy 5 of the
Housing Element in the Comprehensive Plan: "In addition to
providing low- and moderate -income housing, some housing
should be provided for middle -income households priced out of
the Palo Alto housing market."
Variance Findings:
1. There are exceptional or extraordinary circumstances or
conditions applicable to the property involved that do not
apply generally to the property in the same district, in that
480 Dymond Court is predominantly surrounded by smaller
single-family homes on substandard lots.
2. The granting of the application is necessary for the preserva-
tion and enjoyment of a substantial property right of the
appsi=;.ant, ;Ind, to prevent unreasonable property loss or
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unnecessary hardship, in that providing 480 and 482 Dymond
Court with separate legal parcels will provide the property
owners only with the same rights as those property owners on
the Court who have similar -sized dwellings on substandard
lots.
3. The granting of the application will not be detrimental or
injurious to property or improvements in the vicinity and will
not be detrimental to the public health, safety, general
welfare or convenience, in that the proposed subdivision is
consistent with the scale of existing development on Dymond
Court, and all the surrounding neighbors on Dymond Court
support the subdivision.
i
Council Member Woolley believed the Planning Commission recommenda-
tion was a solution which benefited the neighborhood and community
in that Council was always trying to figure out ways to have more
affordable housing in the community, and Council was fortunate to
have found a way to retain the subject property.
Council Member Renzel supported the motion but referred to the
situation on Melville where Council and the neighbors were led to
believe one thing, and upon subdivision approval, the property was
immediately turned over for sale. She hoped the same thing would
not occur. She agreed the proposed subdivision provided the best
opportunity to retain the present neighborhood character, and hoped
all assertions were made in good faith. The proposal pointed out
the problems with the City's R--1 zoning and what they were doing
to the City's neighborhoods.
MOTION PASSED 9-0.
6. PUBLIC HEAPING: 250 University Avenue Parking Project
Assessment District (410-03) (CMR:261:9)
Payor Klein said it was the time and place for the public hearing
for the 250 University Avenue Parking Project Assessment Disrict.
Written protests should be submitted to the City Clerk.
Mayor Klein declared the Public Hearing open and said interested
persons could express their view in opposition to, and in favor of,
the project. City staff would provide a su nny of the project and
explanation of financing of the project by bond counsel. The
written protests received before the hearing were reviewed by the
Council., and any written protests received that day would be read
by the City Clerk. Oral protests and proponents would be heard
from in that order.
City Clerk Gloria Young announced that no written protests had been
received that day.
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Assistant Director of Public Works George Sagdon said the project
consisted of a parking structure located at 250 University Avenue.
The footprint was 25,800 square feet over the entire site. The
cost of the acquisition would include the structure, accessory
ramps, drives, signs, and striping for 62 automobile stalls which
comprised the public portion of the garage. Also included were
fire sprinklers, elevators, stairs, aechan1cal ventilation,
equipment, a lobby, and stair enclosures and other incidental
features for such a structure.
City Bond Counsel Steve Cassaleggio, Jones, Hall, Hill & White,
said the proposed bond financing would be supported by the
assessments. The proposed G -bonds were issued under the City's
charter provisions and were payable against assessments each year
after Council decided to issue bonds. Bonds were vollected on tax
bills. Annually, there would be a G -bond hearing to examine the
relative levels of the bonds. Assessments were imposed by the so-
called "ordinance formula" as reflected in the Palo Alto Municipal
Code, which method had been successfully employed for some years
in the University Avenue project, including, among others, Lot J.
Council Member Sutorius said the engineer's report indicated the
last installment of the bonds shall mature not to exceed 30 years
from their date or such date as determined by the Council. Given
the size of the likely issue, he queried the anticipated life.
Mr. Cassaleggio said the anticipated actual life for an issuance
thesize of the one proposed would be approximately 20 years
depending on the bond market conditions when Council decided to
issue.
Council Member Sutorius asked the record to reflect one written
protest received from Darrell Dukes, wherein his parcel number
appeared to be transposed. The parcel number was shown as being
120-26-027, and he believed it should be 120-26-072.
Me. Bagdon said that was correct.
Council L *ber Levy queried whether the subject property would be
assessed. He also asked what steps were taken to ensure everyone
in the assessment district was properly notified.
Mr. Bagdon said the subject property would be assessed. Regarding
notification, notices were sent to each property ten days before
the public hearing. Signs were also placed throughout the district
on telephone and utility poles. A public meeting was held two
weeks 4go at which the assesauent district Was notified. An
notification was also placed in the newspapers.
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Council Member Levy queried whether both tenants and owners were
notified.
Mr. Bagdon said the owners of the propeety were notified only.
Ray Tourzan, 540 University Avenue, opposed the assessment because
he understood 11,000 square feet of density were provided for alley
beautification, and the City was paid nothing for the extra space.
The extra parking space required for the 11,000 square feet in any
other City would be roughly 44 parking spaces. Therefore, out of
the 62 parking spaces, 44 would be used by the 11,000 square feet
itself. The parking structure which wns built behind 540
University Avenue cost $17,000 per unit, and the proposed structure
had a price of $23,000 per unit. He believed most of the spaces
would be used by the 16,000 square feet of retail space and the
25,000 square feet of office space. He did not believe the
structure would be advantageous to the other property owners on
University Avenue.
Walter Harrington, 180 Hamilton Avenue, was concerned about the
assessment against Casa Olga especially in licxht of two years ago
when a change in the City's data base resulted in Casa Olga's
assessment being changed from about $3,50) to almost $20,000 per
year. Casa Olga's previous requirement for four cars which was
provided on -site off of Emerson Street, went to a requirement to
provide for 200 cars when none of the frail and elderly residents
drove. The assessment was unfair. He requested Casa Olga not be
burdened by an additional assessment. Casa Olga provided 120
residential care units and nursing on -site, and 80 percent were
MediCal patients. He believed an exception should be made. He
urged consideration.
Vice Mayor Bechtel understood Casa Olga was advised it could apply
for a PC zone change, but that Casa Olga was reluctant to do so
because of a concern about oeing restricted to the same use
forever. A PC seemed to be the best option, and PCs could change
in the future.
Kr. Harrington said the rules were changed in May, 1987, and
Council had the power to do so again. He did not believe the
intent was to put such a load on Casa 0►lga in 1987. His concern
was about Medical continuing to pay for 80 percent in perpetuity.
Mayor Mein sympathized with Mr. Harrington but was confused about
the unwillingness to go forward with a PC. As he understood it,
a PC became the zoning for a particular property so that any change
would require an amendment to the PC.
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Mr. Harrington said Casa Olga was severely penalized in 1987 by
what he considered to be unintended consequences, and he was
concerned about the same thing happening again albeit unintended.
Council Member Levy asked for confirmation about whether Casa Olga
was being assessed as if it were a normal "transient" hotel rather
than a residential care facility.
Chief Planning Official Carol Jansen said it was being assessed as
a commercial use.
Council Member Levy asked whether Casa Olga would be assessed
differently if it were defined as a residential care facility.
Assistant Planning Official George Zimmerman said the assessments
in the downtown assessment district were based upon total floor
area of a commercial use. If the use was in the assessment
district and considered a commercial use, the assessnent would be
based on the total floor area and the credits would be deducted for
on -site parking provided.
Council Member Levy asked how any employees were at Casa Olga.
Mr. Barrington believed there were about 50 employees.
Council Member Levy awedabout the maximum number of employees on -
site at any one time.
Mr. Harrington said about 20, and nine parking spaces were
provided.
Council Member Renzel queried whether Casa Olga could be plugged
into the assessment formula if for some reason Casa Olga was
exempted on the basis of the residential care facility, and the day
after tomorrow the business turned into a commercial hotel.
Ms. Jansen said one would have to pay back into the assessment
district in order to convert to a commercial use. In order to
exempt Casa Olga from the assessment district, it would have to
apply for a PC zone change to allow for a residential care
facility, which would no longer pay into the assessment district.
If Casa Olga wanted to change back into a commercial use, the PC
zone would have to be changed and it would have to pay back into
the assessment district.
Council Member Renzel asked whether such a process altered other
assessments.
Mr. Cassaleggio said there would be a ripple all the way through
the assessment process because annually Council would review the
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1
Gr-bond, the uses, floor areas, and would levy assessments
accordingly. Significant changes would cause a ripple across the
entire district because if previous uses were eliminated, the
remainder of the district would have to support the balance.
Mr. Harrington believed residential proje._;s built within the
district were exempt.
Council Member Cobb queried whether the PC zone was the only way
to provide an exception for Casa Olga.
Ms. Lytle said there were other possibilities, but considering
there were potentially several other similarly situated uses within
the assessment district, the PC zoning concept would provide
greater protection to the City in making a special exception for
one use.
Dan Fred, 764 Rucalyptu` , Novato, pointed out that what was defined
in 1975 as affordable housing had really changed. In 1975, the
single room occupant (SRO) hotel was seen as transient housing, but
in 1989 SRO housing was seen as affordable permanent housing. In
the same respect, Casa Olga provided permanent affordable housing
to a number of frail and elderly. In 1975, when the occupancy
permit was granted by the City Council, the definition of a
"residential facility" was that it was required to have�`a kitchen.
Casa Olga did not have kitchens and it was, therefore, defined as
a hotel. In 1979, most SRO housing did not have kitchens but were
still defined as permanent housing. He believed Mr. Harrington was
looking for some type of equity in the definition of his facility.
Had Casa Olga been provided with kitchens initially, it would be
defined 46 a residential facility and there would be no issue.
Staff believed a public benefit could be found, but if a PC were
granted, Casa Olga would revert back to a commercial use andthe
on -site parking would be required. It would be impossible for Casa
Olga to ever meet the on -site parking requirements. Mr. Harrington
hoped for some way of defining Casa Olga as a defecto residential
facility.
Harrison Otis, urged Council to work with Casa Olga.
Jim Baer, 532 Charming Avenue, believed support for the assessment
district financing was at about 60 peicent. If there were roughly
$1.6 million in bond costs and a 10 percent annual constant for the
repayment of the bond over a 20 -year period, which he assumed would
have an 8.5 percent to 8.75 percent interest rate, annual payments
per square foot, one hundred sixty thousand divided by two million
squalled 80 cents per year per foot or two-thirds of one cent per
foot per month. Mere were some inequities in the way the
assessment district worked, and strategic planning of how to go
about providingthe development of lots S & L was in order.
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Council Member Sutorius referred to the Barker Hotel and asked for
comment on the SRO question.
Mr. Baer said a conversion from residential to nonresidential
required payment for four parking spaces for each one thousand feet
converted. In order for the President Apartments to convert to a
hotel it would have to provide 130 spaces or buy 130 in -lieu spaces
not simply "turn the assessment district switch on." The
residential/nonresidential use was far more burdensome than just
shifting in and out of an assessment district. Once residential
uses were named as "residential," it was impractical for them to
convert. He agreed a PC might be easiest way to address Casa Olga
without having to evaluate how to ripple through residential uses
throughout the district.
Mayor Klein declared the Public Hearing closed.
LION: Council Member Bechtel moved, seconded by Renzel, to adopt
the staff recommendations.
REP QLUTION 6775 entitled "RESOLUii%Y FINDING AND DETERMINING
THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE ACQUISITIONS
AND IMPROVEMENTS"
REZDIXTIPN 6776 entitled "RESOLUTION OVERRULING PROTESTS"
#SOLUTION 6777 entitled "RESOLUTION ADOPTING .ENGINEER"S
REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND
ACQUISITIONS, AND DIRECTING ACTIONS WITH RESPECT THERETO"
Senior Assistant City Attorney Susan Case referred to the Casa Olga
situation and said Council could not do anything that evening
without affecting the entire assessment procedure. The proper
procedure would be to agendize the matter at a separate meeting.
Vice Mayor Bechtel believed the recommendation from staff was fair
and she did not want to see any exceptions in the future.
Council Member Levy supported the motion. The protests were few
and the public benefits were many. He would agendize the Casa Olga
situation in the future because of questions in his mind as to
whether it was being treated fairly.
Council Abe:: Fletcher asked what would happen with the assess-
ments levied if Casa Olga received a zone change in the near
future.
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Mr. Bagdon said Casa Olga comprised about 2.5 percent of the total
assessment which would have to be spread among all the other 254
properties.
Mr. Cassaleggio said it would be possible to spread the 2.5 percent
among the remaining properties even with the assessments levied
that evening because Council was not approving the bond and
indebtedness that evening.
Council Member Sutorius said while some questions were raised about
the per stall price there was a not to exceed cost for the entire
parking lot structure including all stalls of $1,426,000, which was
$50,000 below the amended total cost. While the per stall costs
went up over the years, the developer was providing the opportunity
for the assessment district to have a valuable addition at an
excellent location.
MOTION PASSED 9-0.
CQMMISSION.
7. Historic Resources Board Recommendation re Change of Composi-
tion of the Board (702-02) (CMR:256:9)
Historic Resources Board (HRB) member David Zink -Brody said when
Ken Alsman resigned from the HRB a year ago, he was the only person
left on the board with design training and had little or no
experience in terns of design review outside of academic situa-
tions. While Council Member Woolley was very helpful, she also did
not have design review training, and the occasional absence of John
Gifford often resulted in a lack of the requisite design review
capacity for the HRB. The HRB was typically comprised of three
design professionals, and it seemed the requirement would take the
burden off of individual design professionals in terms of making
the ds.terai ations for potential applicants on historic properties.
Council Member Sutorius said the recommendation was that three
members of the HRB should be architects, landscape architects,
building designers, urban planners, architectural historians or
other design professionals. The ordinance cited *architects,
landscape architects, building designers or other design profes-
sionals,* and he gloried whether it was broad enough to encompass
urban planners and architectural historians as stated in the report
(CMR:256:9) .
Mr= ?ink -Brody believed the ordinance should include planners as
well as historians.
Senior • Assistant City Attorney Susan Case said staff would amend
the ordinan ,
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Council Member Woolley said the intent of the verbiage "other
design professionals" was to have an open category which would
include urban planners. The historian could also be included under
the one member "who shall possess academic, education, or practical
experience in the field of history."
MOTION: Council Member Woolley moved, seconded by Cobb, to
introduce the ordinance approving the Historic Resources Board's
recommendation requiring that the composition of the board include
three design professionals.
QRD=NANCE FOR FIRST READIAQ entitled "ORDINANCE OF THE COUNCIL
OF THE CITY OF PALO ALTO AMENDING SECTION 16.49.030(a) OF THE
PALO ALTO MUNICIPAL CODE RELATING TO MEMBERSHIP OF THE
HISTORIC RESOURCES BOARD"
Council Member Woolley referred to recent experience where an
action of the HRB was appealed and the original action had been
taken by the HRB with only one design professional in attendance.
She believed that pointed out the need for having at least three
design professionals on the board. The entire process which went
to the Council was based on one person's professional guidance.
When the ordinance was originally drafted, the HRB was largely an
educational body, and was rarely a review body. The review
function had increased with the activity in residential redevelop-
ment in Palo Alto, and now it was unusual to have a meeting without
a building to review,
MOTION PASSED 9-0.
ORDINANCES
8. Ordinance to Change the Classification of Property Known as
250, 262 and 266 University Avenue from CD -C (GF) (P) to PC
(1st Reading 4/10/89, PASSED 9-0) (237-01) (NPG)
NOTION: Council Member Cobb moved,. seconded by Bechtel, to adopt
the ordinance.
Q$ORAN= 3872 entitled "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING SECTION 18.08.040 OF THE PALO ALTO
MUNICIPAL CODE (THE ZONING MhP) TO CHANGE THE CLASSIFICATION
OF PROPERTY ENOWN AS 250, 262 AND 266 UNIVERSITY AVENUE FROM
CD (GF) (P) TO Pa;"
MOTION PASSED 9-0.
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E PORTL.OF OFFICIAL
9. City Manager William Zaner re Senate Bill 1267 (Davis) Brown
Act: Closed Sessions (725-02-02) (CMR:267:9)
City Manager Bill Zaner said the League of California Cities
advised the bill was killed, but the staff of the sponsoring
Senator believed the bill was not killed.
Council Member Levy asked under what circumstances tape recorded
transcripts of a closed session would be made public.
Mr. Zaner said the transcripts would be made available if requested
by the Grand Jury, District Attorney, or prosecutorial agency on
demand. The City Clerk would be required to retain the tape
recordings for one year and release them on demand.
Council Member Levy said if the City was being prosecuted, the
transcripts would be made available to the other side.
Senior Assistant City Attorney Susan Case said that was correct.
If there was an investigation in order to try and make a case, the
bill could be interpreted that the tapes be released.
MOTION: Council Member Fletcher moved, seconded by Levy, to
approve the City Manager's recommendationto go on record in
opposition to SB 1267.
MOTION PASSED 9-0.
OUNQIJ MAT RS
10. Council Member Ellen Fletcher re Representation on the
Metropolitan Transportation Commission (1163-02)
MOTION: Council Member Fletcher moved, seconded by Bechtel, to go
on record in support of AB 1611 which would restructure the
Metropolitan Transportation Commission's membership to reflect
population figures.
MOTION PAB3BD 9-0.
ADJOURNMENT: The meeting adjourne4 at 9:10 p. m.
ATTEST:
APPROVED:
y Clerk Ma or
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NOTE: Sense minutes (synopsis) are prepared in accordance with
Palo Alto Municipal Code Section 2.04.200(b). The City Council
meeting tapes are retained in the City Clerk's Office for two years
from the date of the meeting, and the Finance and Public Works
Committee and Policy and Procedures Committee meeting tapes are
retained for six months. Members of the public may listen to the
tapes during regular office hours.
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