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Mr. Nelson said no. He said the stucco was scheduled to be applied on Friday morning. He received a phone call from the Planning Department late Wednesday aRemoon stating the color had not been approved. It was too late to call the stucco company. When his wife went out to the job site on Thursday around noon the stucco company had already started applying the stucco. Because he could not find any language in the ordinance stating that the color had to be dark cocoa brown, he allowed the stucco company to proceed. Ms. Ayala asked if he understood that the color had not been approved. Mr. Nelson understood that staff had not approved the color. He said the stucco people had given them a reduced price if they would allow them to work it into their schedule. He was told they would start on Friday. He felt the process was at fault. The process was to darken the pallet along the Foothill Overlay District and darken the color in Moller Ranch. Moller Ranch is a specifically named sensitive area in the Overlay District. The Council darkened the pallet for Moller Ranch and told staff that it did not want to see houses painted with a light color. Therefore, staff did not approve the stucco color, because they were following Council's direction. His argument is there is no written ordinance stating that the stucco must be a darker color. He gave an example of someone receiving a traffic ticket and going through the appeal process. During the process the appellant argues that the reason for the ticket is not written anywhere and is told that the court must abide by the police officer's decision. Is this right? No, because the person did not know what the policy was in the first place. Ms. Ayala asked if it was right that he was living in his in home without an occupancy permit. Mr. Nelson said he has an agreement with the City stating that once the house is fire-life- safety approved, the Building Department would grant temporary occupancy. Mayor Tarver asked staff if Mr. Nelson accurately portrayed the conditions the City has applied in making its determination. Mr. Nelson asked Council to reconsider its decision, appoint a citizen committee to study the issue and place it on a future agenda. He did not want this to go to court. He understood the only reason occupancy has been withheld is the color of the house. He is not asking for any exceptions, just for the City to follow the same process that they have for other homes. He mentioned people living in a house that has not been painted for thirteen months. Ms. Michelotti asked staff if reconsideration had to be made at tonight' s meeting and if only a Councilmemberwho voted with the majority can move for reconsideration. Ms. Seto said a reconsideration decision can only be made at the Council meeting at which the item was heard or the Council meeting immediately following and only a Councilmember in the majority could move to reconsider. If Council decided to reconsider the matter, a vote would be Pleasanton City Council 5 01/19/99 Minutes