HomeMy WebLinkAbout1989-04-10 City Council Summary MinutesCITY COUNCIL
MINUTES
PALO ALTO CITYCOUNCILMEETINGS ARE BROADCAST LIVE VIA KZSU-FREOUENCY90.i ON FM DIAL
Regular Meeting
April 10, 1989
L FAGS
Oral Communications 61-258
Minutes of March 6 and March 13, 1989 61-258
Consent Calendar
1. Award of Conveyance Agreement - 1.776 Acre
Former Bell Pwings and Loan and Park
Boulevard Fire Station Sites to the Palo
Alto Housing Corporation
2. Agreement with The Mark Group Engineers
and Geologists for Engineering Services
and Construction of a Leacnate Collection
and Removal System at the Palo Alto Land-
fill
3. Contract with Datamatic for Hand Held Meter
Reading System
4. Contract with Musson Theatrical for Stage
Rigging System Repairs at Children's
Theatre
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61-259
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5. Agreement with Hardesty Associates for 61-259
Design Services for Repair and Reconstruction
of Brick Walkways and Courtyard at Lucie
Stern Community Center
6. Resoluticn re Support for Child Care Programs 61-259
and Adcepting, a Child Care Grant from the
State of California
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7. Ordinance Adopting a Plan for the Development 61-259
of Phase I of Byxbee Park
8. Policy and Procedures Committee Recommendation 61-259
re Skateboard Facility in Phase II of, Greer
Park
9. Ordinance Establishing Underground Utility
District Ho. 31.
10. Mayor Larry Klein re California Air and Space
Center
11. PUBLIC HEARING: Planning Commission recom-
mendation re Application of DES Architects
for Zone Change for Property Located at 250,
262 and 266 University Avenue
12. 250 University Avenue Public Parking Project 61-267
13. Ordinance Amending Budget re Appropriation 61-268
for Catholic Social Services of Santa Clara
County
61-260
61-261
61-261
14. Tennis Court Lighting and Resurfacing Project 61-269
at Rinconada and Mitchell Parks
15. Sand Hill Corridor Joint Policy Committee 61-269
Recommendation re Traffic Study
16. Council Member Gail Woolley re Appointments 61-276
to Centennial Steering Committee
17. Mayor Larry Klein re Request of Staff to 61-276
Provide Information Concerning Proposed
Charter Amendment
18. Mayor Larry Klein re Emergency Support for
Ballet
Adjournment at 12:35 a.m.
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Regular Meeting
April 10, 1989
The City Council of the City of Palo Alto met on this date in the
Council Chambers at 7:37 p.m.
Mayor Klein announced that a Special Meeting to interview can-
didates for the Centennial Staering Committee was held in the
Council Conference Room at 6:20 p.m.
PRESENT: Bechtel, Cobb (arrived at 7:59 p.m.) Fletcher,
Klein, Levy, Patitucci, Renzel, Sutorius, Woolley
(arrived at 7:38 p.m.)
gRAL COMMUNICATIONS
1. Mayor Klein acknowledged National Library Week.
2. Mayor Klein read the "volunteer Recognition Week." proclamation
and presented it to Beverly Balanis, Volunteer Coordinator.
3. Jeff Brown, 1216 Webster Street, spoke regarding concrete
barriers that enclose benches on University Avenue posed
hazards.
4. Greg Zilliac, 519 Everett, spoke regarding concrete barriers
that enclose benches on University Avenue posed hazards arc'
that cardboard boxes on University were annoying.
5. Edmund Power, 2254 Dartmouth Street, spoke regarding Palo Alto
Harbor and Sea Scout Mariner Base.
APPROVAL OF MIMES
NOTIuN: Council Member~ Sutorius moved, seconded by Fletcher,
approval of the Minutes of March 6, 1989, as ;orrected.
NOTION PASSID 8-0, Cobb absent.
NOTION: Council Member Fletcher moved, seconded by Sutorius;
approval of the Minutes of March 13, 1989, as corrected.
NOTION PROUD 7_0-2, Bechtel, Klein "abstaining."
ORIUNT_CALMANDAR
MOTION: Council Member Sutorius moved, seconded by Cobb., approvals
of Consent Calendar Items 1 - 8, with Item 8 removed at the request
of a member of the public.
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1. Award of Conveyance Agreement -- 1.776 Acre Former Bell Savings
and Loan and Park Boulevard Fire Station Sites to the Palo
Alto Housing Corporation; Mayor is further authorized to sign
any additional documents as required to comply with Conveyance
Agreement (250-03) (CMR:220:9)
2. Agreement with The Nark Group Engineers and Geologists for
Engineering Services and Construction of a Leachate Collection
and Removal System at the Palo Alto Landfill; Project Manager
is authorized to negotiate amendments to the agreement or
additional services within the scope of work or incidental
thereto, the aggregate value of which will not exceed $50,000
(1072-01) (CMR:212:9)
3. Contract with Datamatic for Hand Held Neter Reading System
(1105) (CMR:192:9)
4. Contract with Musson Theatrical for Stage Rigging System
Repairs at Children's Theatre (1304-01) (CMR:209:9)
5. Agreement with Hardesty Associates for Design Services for
Repa.i,r and Reconstruction of Brick Walkways and Courtyard at
icie Stern Community Center; Change Order not to exceed
$3,885 (1312-02) (CMR:211:9)
6. RESOLUTION 6767 entitled "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO CERTIFYING ITS SUPPORT FOR CHILD CARE
PROGRAMS AND AGREEING TO ACCEPT A CHILD CARE GRANT FROM THE
STATE OF CALIFORNIA' (412-02-02) (CMR:222:9)
7. QJWINANCE 3862 entitled "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO APPROVING AND ADOPTING A PLAN FOR THE DEVELOPMENT
OF PHASE I OF BYXBEE PARR" (1st Reading 3/27/89, PASSED 9-0)
(1321-05) (NPG)
*mimePBsZD 9-0.
?GEN A.GE NI TIONS . Ah[ DitLETIONS
MOTION: Mayer Klein moved, seconded by Renzel, to consider Item
8 prior to Item 9.
MOTION PABBBD 9-0,
8. Policy and Procedures Committee Recommendation re Skateboard
Facility in Phase II of Greer Park (CMIR:132:9) (1167)
Council Member Cobb asked how a skateboard facility would impact
the other plans for Greer Park.
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i
Recreation Superintendent Dan Williams said impacts would be
explored as part of the design phase.
Council Member Cobb said there were specific plans for certain
kinds of recreational facilities in Greer Park and he was concerned
about the skateboard facility impacting those plans.
Assistant City Manager June Fleming referred to the changes which
were made in the master plan for Greer Park. Public Works advised
the design could be incorporated into the present plan.
Council Member Cobb asked about liability.
Senior Assistant City Attorney Sue Case said the Risk Manager
advised that a potential skateboard facility was a completely self -
insured risk, Such risks needed to be considered by the Council.
There were too many 'Jifs" in such a proposal and staff could not
say it was safe especially in terns of insurance.
Council Member Renzel said the P&P Committee discussed the
liability issue. There were only two parks in existence and
neither reported any liability experience. The liability issue
would return to the Committee with the actual design phase along
with numbers of users.
Ms. Fleming said while the City's pool of insurance would not cover
skateboard facilities, staff was directed to explore other means
for providing such insurance. That information would return when
the item returned to the Committee with the design phase.,
Charles Scott, 3136 Genevieve Court, was concerned about more
changes and delays in the development of Greer Park.
Chris Weeks, 503 Jackson Street, urged support for the skateboard
facility in Greer Park.
NOTION: Council Member Renzel for the Policy and Procedures
Committee moved to incorporate a skateboard facility into the
design of Phase I1 for Greer Park if feasible.
MOTION PASSED 9-0.
iWIWISHHD BUS ZES
9. PUBLIC HEARING: Ordinance Establishing Underground Utility
District No. 31 (1130) (CMR:191:9) (Continued from 3/27/89)
Council Member Sutorius advised he would not participate in the
item due to a conflict of interest.
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Council Member Patitucci referred to the previous undergrounding,
and asked whether it was typical for the teleph -*+e poles to still
be up.
Director of Utilities Rich Young said the lag time was not uncommon
between the time of the utilities undergrounding and the telephone
pole removal.
Mayor Klein declared the Public Hearing open. Receiving no
requests from the public to speak, he declared the Public Hearing
closed.
LION: Council Member Fletcher moved, seconded by Renzel, to
introduce the ordinance.
ORDINANCE FOR FIRST READING entitled "ORDINANCE OF THE COUNCIL
OF THE CITY OF PALO ALTO AMENDING SECTION 12.16.020 OF CHAPTER
12.16 OF TITLE 12 OF THE PALO ALTO MUNICIPAL CODE BY
ESTABLISHING UNDERGROUND UTYLITY DISTRICT NO. 31"
NOTION PASSED 8-0, Sutorius "not participating."
10. Mayor Larry Klein re California Air and Space Center
(continued from 3/27/89) (725-02-02)
NOTION: Mayor Klein moved, seconded by Cobb, that the Council
support the proposed California Air and Space Center at NASA, and
also support S.H. 69.
Bunny Good, Founder, International Group Organization for the Dis-
abled( P. O. Box 824, Menlo Park, opposed the expenditure of any
funds on such a center.
hO IOE PANS= 11-0.
P5IBLIC KEARIHGS
11.
PUBLIC HEARING: Planning Commission and Architectural Review
Board Recommendation re Application of DES Architects for a
Zone Change for Property Located at 2 50 , 262 and 266
University Avenue (237) (CM :217:9)
Council Member Fletcher queried the project had more square
footage, yet the report (0 :217:9) indicated less trips would be
generated, especially during peak hours.
Associate Transportation Engineer Carl Stoffel the previous use was
a comaercial bank, and it generated considerably more trips
compared to the 'proposed office and retail functions.
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Council Member Renzel was concerned about the two-way ramp in the
parking garage and that the access seemed tight.
Mr. Stoffel said one of the conditions of approval was to ensure
sufficient turning radius was incorporated into the design,
Council Member Renzel referred to the parking garage in the
building at the corner of Bryant and University Avenues. As ()lie
went down that ramp, there were three parking spaces at the bottom
and then if one made a right turn, it was blind for two-way
traffic. If that represented minimum Aonfiguration, she hoped the
proposed project would have a better radius.
Chief Planning Official Carol Jansen said the turning radius was
a strong concern expressed throughout the design of the project.
The parking garage configuration was redesigned in order to not
repeat some of the problems which occurred in public parking
garages.
Council Member Levy understood 84 parking spaces were required for
the project.
Ms. Jansen said the ordinance required 105 spaces, 23 of which
would replace the existing parking spaces located on the adjacent
vacant property which the City temporarily leased for public
parking purposes. In 1986,, when the Crocker Bank Building was
assessed for parking purposes, it was given credit for the existing
parking spaces. If, however, the parcel had been separately -owned
and an application for development was submitted, it would not be
required to replace the 23 parking spaces.
Council Member Levy clarified 84 spaces was the figure they were
working with. He asked about the Planning Commission's recommenda-
tion as to the appropriate number of parking spaces to be provided.
Ms. Jansen said 84 spaces would be required if both the properties
were developed independent of one another( but with the game square
footage.
Council Member Levy asked about the 69 spaces being provided by the
developer.
Ms. Jansen said 69 spaces were being provided on the private level
of the garage. Regarding the, difference between the 84 and the 69,
because of the assessment district funding, the project as
presently proposed, would require the first level of parking to be
all public. Consequently, there were 131 total spaces, 62 public,
69 private.
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Council Member Levy asked if the developer could be asked to
provide the assessment district with funding for the equivalent of
the extra 15 spaces.
Ms. Jansen said yes.
Council Member Cobb referred to Condition C4, that public hearings
for the Planning Commission and City Council should be scheduled
one year after occupancy to allow review and consideration of the
conditions. He queried what could happen then.
Ms. Case said the ordinance would have to be amend3d.
Mayor Klein declared the Public Rearing open, and asked whether any
written objections had been received.
City Clerk Gloria Young said no.
Jim Baer, 532 Charming Avenue, referred to the anticipated
amendment hours of alley closure after one year. It would not
be difficult for the applicant to be asked to make a $250,000
contribution for lighting the opposite side of Ramona Street. The
one-year review to modify conditions was not unlike what would
happen under a conditional use permit, specifically on the issue
of hours of alley opening. Regarding parking spaces, he supported
the approach of allocating one level to an assessment district
only, and one level to the applicant especially since the applicant
was providing the fee to the land, and the interest carried during
the course of construction. After the project was completed and
an occupancy permit existed, the reimbursement from the assessment
district would take place. The applicants' ambitions were to
participate in the development of the downtown, as a community, and
as developers who needed to make a financially viable project.
Tom Gilman, project architect with DES Architects, Redwood City,
noted that Ramona Street was recognized as an important example of
urban design. The project was basically four stories at the corner
and stepping down to three stories and then two stories terracing
toward the existing two-story buildings on Ramona Street. The
building was designed in a Spanish Colonial revival style of archi-
tecture in keeping with the other buildings along the street. The
design incorporated completely new paving in the alloy area added
new landscape pockets, created a completely new drainage system,
and provided a common area in the project itself. The coffin areas
would be outdoor public spaces that might be used for businesses
to spill onto, or a small coffee bar.
Council Member Fletcher asked if the coon area could be used for
public events like mall concerts or drama presentations.
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As Corrected
5/15/89
1
Mr. Gilman said yes. There was a balcony portion with a cascading
staircase.
MOTION: Council Member Levy moved, seconded by Renzel, to allow
the speaker an additional five minutes of testimony.
Mayor Klein would not support the motion. The rules made sense,
and an additional five minutes set a bad precedent.
MOTION PA88M0 5.4, Bechtel, Klein, Patitucci, Woolley "no."
Mr. Gilman referred to a common refuse area where all the existing
dumpsters on the Bryant and Hamilton legs of the alley would be
gathered. There would also be a common bicycle area to provide
locked bicycle parking indoors, as well as excess bicycle parking
outdoors.
Council Member Renzel referred to the alleyway, and said while all
of the pictures looked good, she queried whether any studies had
been done regarding how much sun would be in the outdoor areas.
Mr. Gilman said given the orientation of the building, the studies
showed that the Ramona Street side would have sun in the latter
half of the day, and the courtyard itself would have sun in the
early part of the day. The sun would be in the plaza or in the
alleyway in the morning. In the afternoon the shadow would begin
to travel across the plaza.
Council Member Sutorius said in the renderings, the archway lcoked
like it was an arch with stone. In the elevations, the archway was
identified as "stone accents," both at the University Avenue end
end at the garage entrance. Be. asked for clarification.
Mr. Gilman said the material would be real stone; probably a sand-
stone type of materials two centieeters in thickness, and adhered
to the building as a part of the construction method. The building
skin would be cement plaster.
Bob Moss, 4010 Orme, commented on the 50 -foot height limit. The
intent of the height limit was to allow buildings of approximately
four to five stories, ten feet per floor, or 12-1/2 feet, restric-
ting buildings so they did not overwhelm properties. In the
proposed building, the tower went above the limit, and Council
needed to decide whether it met the intent of the limit. He hoped
the project could be scaled down. Be was concerned about whether
the alleyway would be successful. He suggested the developer work
with City staff any:. the businesses that fronted along the alley in
order for events in the alley, such as concerts, performances, etc.
to work.
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NOTION: Counc i 1 Member Cobb moved. seconded by Bechtel, to approve
the Planning Commission and Architectural Review Board recommenda-
tions adopting a negative declaration and introduced the ordinance
based on the findings and conditions described in the staff report
(CMR:217:9), as follows:
ORDINANCE FOR rIRST READING entitled "ORDINANCE OF THE COUNCIL
OF THE CITY OF PALO ALTO AMENDING SECTION 18.08.040 OF THE
PALO ALTO MUNICIPAL CODE (THE ZONING MAP) TO CHANGE THE
CLASSIFICATION OF PROPERTY KNOWN AS 250, 262 AND 266
UNIVERSITY AVENUE FROM CD --C (GF) (P) TO PC"
Mayor Klein said 94 conditions were extraordinary.
AJ ZNDKENT: Council Member Woolley moved, seconded by Renzel, to
add Condition B17 under Public Works as follows:
B17. Provisions for the separate collection of recyclable materials
shall be included within the area of the two trash enclosures.
As a minimum there shall be a bin for glass and stacking space
for the future recycling of corrugated cardboard.
Council Member Woolley said the commercial portion of the community
had a greater need for recycling than the residential areas. One
of the largest portions of the commercial waste products was
cardboard. Small businesses had a problem with handling cardboard,
so she felt there was a good opportunity to recycle cardboard in
the community trash collection area of the project. Shy: conferred
with the Public Works and the Planning Department staffs to
determine the feasibility, and everyone seemed to think it was
reasonable.- In the future, she suggested the system of recyclable
materials be included in all commercial. projects.
Vice Mayor Bechtel concurred.
ANNIDNNNT INCORPORATED INTO MAIN MOTION NY MAKER AND SKCOND
Council Member Renzel was relieved to see an attractive project
which would replace the existing parking and provide a project
which waa compatible with the historic area of Ramona Street.
While she was not overly anxious to have 41,000 square feet of
addd it iona l space downtown, given it would happen anyway, the
proposed project was one of the nicer applications to have been
received. The hoped the project would be successful.
Counc a 1 Member Cobb complimented Roxy Rapp and Jim Baer on their
creative pro j ect . He wanted to see more similar projects for down-
town. Re was excited to see how the project beautified,
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1
complimented and preserved the present architecture, and hoped it
would give the community an economic shot in the arm.
Council Member Patitucci was encouraged the proposed project was
a result of the downtown study where a percentage ofthe remaining
square footage to be developed was allocated for such a project
where the developers would meet the community's urban design needs.
He supported the proposed project, and urged other developers to
do the same.
Council Member Levy concurred the with imaginative nature of the
project and agreed it included the intent of the Council in terms
of bringing needed amenities to the downtown area. He agreed with
Bob Moss in terms of the 50 -foot height limitation and the degree
to which the proposed project surpassed 50 feet was in line with
the Council's intent. In terms of the alleyway, he was somewhat
concerned about the view of City Hal/, but felt the alleyway would
be used more more than other alleyways in the area. He was
concerned about the parking provided for the new plaza. Sixty-nine
parking spaces were too few and putting the bulk of 130 additional
spaces on the assessmer` district was too many. He preferred at
least 84 spaces in the new public garage.
Z 1 z Council Member Levy moved an additional condition that
the developer should provide funding for the assessment district
for 15 parking spaces in the parking garage, resulting in a total
of 84 project provided spaces, in agreement with the number called
for in the existing underlying zone.
ANZMDMIXT DIAD FOR LkE of A SECOND
Council Member Sutorius was proud government was working with local
businesses. He appreciated and commended the initiative, commit-
ment and cooperation of Roxy Rapp, Jim Baer, the Planning
Commission, Architectural Review Board (ARB) , staff, and all
involved participants of the project. The ARB offered a sound
recommendation in relation to the double -wide arches at the base
of the building. The building at 499 Hamilton Avenue was an
excellent example of attention to detailand what the ARB hoped
for. Across Cowper Street was another building that might be
categorized as an eclectic. Spanish/Roman/colonial where the
attention to detail year lost. In regards to parking, there was no
land costs to the assessment district and no carrying charges
during construction. In addition, the private parking on the
second level became public parking from 5:00 p.na. on weekdays and
also Saturdays, Sundays and holidays. He was delighted about the
project and wished all the persons involved much success.
Vice Mayor Bechtel said the project was not an easy one. She asso-
ciated herself with the commendations given by her colleagues, and
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said the project would make an attractive addition to the downtown
area.
Council Member Fletcher endorsed the retail usage of the ground
floor of the plaza.
Mayor Klein asked why a variance was needed on the 50 -foot height
limit.
Ms. Jansen said a variance was specifically required in the Planned
Community ordinance. A special study was being done to amend the
Planned Community ordinance but there, was nothing Council could do
to short-cut the ordinance.
Mayor Klein associated himself with his colleagues.
x0TIO1 PASSED 9-0.
REPORTS OF OFFICIALS
12. ` 250 University Avenue Public Parking Project (410-03)
(GMR:215:9)
Council Member Levy asked about the exact form notification wculd
take for members of the assessment district.
Ms. Case introduced bond counsel, Stephen Casaleggio.
Stephen Casaleggio, Vice President, Jones Hall Hill & White, a
Professional Law Corporation, said the Palo Alto Municipal Code
required each property owner be notified of the time, date and
place of each public meeting, the amount of proposed annual
assessments for the first year, and the description of the work to
be done.
Council Member Levy asked if Council could request the developer
to include in the notification any iiformation it desired, to
present positively the information about the parking.
Mr. Casaleggio cautioned Council to remain inpartial,
Council Member Cobb asked about the inequity of dealing with
parking spaces for individual unique circumstances and addressing
the inequities in the future.
Mr. Casalegqio said staff looked ,Into the inequities of
residential/commercial parking issues and changes had been made.
Looking into the inequities was part of the hearing process, and
the Council was free to consider eachcase as it occurred.
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0
Director of Public Works Dave Adams that the Engineer's Report
reflected preliminary figures which might be modified as refine-
ments were made.
MOTION: Vice Mayor Bechtel moved, seconded by Cobb, to approve the
staff recommendation to:
1. Adopt the resolution of preliminary determination and
intention to make acquisitions and improvements and levy
reassessments.
2. Adopt the resolution requesting preliminary approval of the
engineer's report and establishing a date, place and time for
a public hearing.
3. Approve the agreement with Jones Hall Hill and White for bond
counsel services.
„S TIO 6168 entitled "RESOLUTION OF PRELIMINARY
DETERMINATION AND OF INTENTION TO MAKE ACQUISITIONS AND
IMPROVEMENTS"
RESOLUTION 6769 entitled "RESOLUTION PRELIMINARILY APPROVING
ENGINEER'S REPORT, APPOINTING TIME AND PLACE OF HEARING
PROTESTS AND DIRECTING NOTICE THEREOF"
Agreement with Jones Hall Hill & White for Legal Services
MOTION PASSED 9-0.
R 920.93; pAm
13. Ordinance to Provide An Appropriation for the Catholic Social
Services of Santa Clara County (412-02) (CMR:201:9)
Bunny Good, Founder, International Group Organization for the
Disabled, P. O.Box 824, Menlo Park, CA 94026-0824, was concerned
about public tax moneys going to specifically assist religious
organisations; it did not allow for the separation of church and
state.
MOTION: Council Member Levy moved, seconded
the staff recommendation to adopt the budget
wing tunas from Unreserved Fund Equity of
Fund to Community Development Block Grant
Catholic Social Services.
by Bechtel, to adopt
amendment ordinance,
the Federal Revenue
Project No. 01025,
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ORDIN4Nrg
OF PALO
TO EST
AB
RESURFA
Contr
NOTION
ORDJNANCE 1863 entitled "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1988-89
TO PROVIDE FOR AN APPROPRIATION FOR THE CATHOLIC SOCIAL
SERVICES OF SANTA CLARA COUNTY"
NOTION PAMBED 9-0.
14. Tennis Court Lighting and Resurfacing Project at Rinconada and
Mitchell Parks (810-06) ( lR:210:9)
MOTIO1 s Council Member
approve staff recommendat
Sutorius moved, seconded by Cobb, to
ion to:
1. Adopt a Budget Amendment Ordinance in the amount of $100,000
to establish CIP 18905, Tennis Court Lighting and Resurfacing
Project.
2. Authorize the Mayor to execute a contract in the amount of
$108,935 with General Lighting Service, Inc. for improvements
of Mitchell Park and Rinconada Park Tennis Courts.
3. Authorize staff to negotiate and execute change orders to the
contract for additional services with the scope of work inci-
dental thereto, the aggregate value of which change orders
will not exceed $16,500.
entitled "ORDINANCE OF THE COUNCIL OF THE CITY
ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1988-89
ABOLISH AND PROVIDE AN APPROPRIATION FOR CAPITAL
r VEMENT PROJECT NUMBER 18905" (TENNIS COURT LIGHTING AND
CING)
act with General Lighting Service, Inc. for Improvements
83D 9-0.
15. Sand Hill Corridor Joint Policy Committee Recommendation to
include a Traffic Study in the Sand Hill Corridor Procedural
Framework (1168-02) (CMR:216:9)
Mayor
conf
Klein advised he would not participate in the item due to a
lict of interest.
Council Mir Hensel clarified moving the study forward resulted
in 6 $96,000 expenditure. She queried where • the additional $48,000
would come from.
City Manager Bill Zaner said the $48,000 were presently
unappropriated reserve funds.
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4/10/89
Council Member Renzel asked if the same was true for the $250,000
the City would be obligated to pay if it opted out of the project.
Mr. Zaner said that was correct. If the total study cost as much
as $500,000, and if Palo Alto shared in the costs, there were no
funds presently budgeted and the moneys would come from the reserve
fund.
Bill Peterson, 228 Fulton, Palo Alto was concerned about the
Council approving a Willow Road expressway. The City should not
agree to pay half of the cost of such an expressway because
extending Sand Hill Road would worsen the situation. He urged
Council to direct the Joint Policy Committee to consider the
benefit of limiting the cost of the study, including the cost of
an early morning study of the Willow to Stanford traffic patterns.
Council Member Fletcher asked why Mr. Peterson assumed the
potential growth in the morning was greater than in the afternoon.
Mr. Peterson said the potential impact on residents was worse in
the morning because children were out in the morning going to
school.
Tony Badger, 381 Hawthorne Street. said the major benefactor of the
project would be Stanford University. The traffic flow would be
increased through Palo Alto. He noted the lack of adequate public
notice of the immediacy of the project, and felt Council's mind had
already been made up, without adequate public input. He was upset
that past meetings laid the ground work for the City being finan-
cially responsible for backing out of the project. He was also
concerned about the Council's objectivity and how strong Palo Alto
residents' voices would be against the major investment that should
be paid, in his opinion, entirely by Stanford University.
Herb Borock, 2731 Byron Street, urged rejection of the proposal to
move the traffic study task from the environmental review phase to
the procedural framework and to reject the proposal to pay Stanford
University thousands of dollars if no Environmental Impact Report
(EIR) was produced or hundreds of thousands of dollars if either
an inadequate EIR was prod, eed. or the no -project alternative was
adopted, or City officials with a potential conflict of interest
were to participate in the natter. The California Environmental
Quality Act (CEQA) provided elaborate protection for public
participation, yet the process previously adopted by the City
Council already set the traffic study tasks outside of the EIR, and
it was now suggested the traffic study be moved entirely outside
the environmental review process. Last month the Council voted to
request the Joint Policy Committee (JPC) to hold publicly noticed
evening acoping meetings for the EIR, and the traffic study task
was identified as one the most important elements of the Sand Hill
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study. It was now suggested that such an important element begin
immediately without the normal public process required by CEQA.
The traffic study task included elements such as mitigation
measures and a series of reports, drafts, and agency reviews which
went far beyond the information collection activities which were
categorically exempt from CEQA. The traffic study apparently
expected to use previously collected data for the Sand Hill
corridor intersections, and the City Council was cautioned last
month against using old data. CEQA was clear that Stanford was
responsible for paying the costs, incurred prior to disapproval of
a project. It was proposed that \ Palo Alto pay 50 percent of the
costs of the disapproved project because of "the history associated
with the potential extension of Sand Hill Road." Ten years ago an
extension project was terminated because two members of the City
Council participated in deliberations despite potential conflicts
of interest. More recently, the City Council was required to set
aside an extension appzoval because of an inadequate EIR. To him,
Palo Alto would most likely be paying for a project that was
terminated through Stanford's actions. There was no dollar limit
on what the City could pay for the project, and since Stanford
University and the Stanford Medical Center would be the major
beneficiaries of the proposed Sand Hill corridor project, they
should bear the same risk as every other project applicant. He was
concerned about subverting the EIR process. The last time the
Council voted to approve a Sand Hill extension, the Mayor com-
mented, "even with an extension, Sand Hill Road would ba a
difficult road to use. Traffic would still be backed up and people
would still spend a lot of time getting to Sharon Heights or
Portola Valley at 5:30 or 6:00 p.m. That should be said many times
because I believe if the road was built, people would complain to
Palo Alto and Stanford that it did not do what was claimed for it
in 1984." He urged rejection of the proposal.
Council Member Renzel asked how the traffic study would relate to
CEQA if it was done prior to the EIR process.
Director of Planning and Community Mnviron cent Ken Schreiber said
it was important to note that for most of the environmental reviews
done by the City, heavily reliance was placed on data collected
prior to the initiation of the environmental process. If questions
were asked in the CEQA process that did not have the appropriate
data for response, then the information would be researched. CEQA
guidelines did not require the initiation of data collection fof low
the initiation of the environmental review process.
Council Member Rensel asked if the City had ever had such a cost -
sharing arrangement for an EIR process.
Mr. Schreiber said no.
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Council Member Renzel asked who would bear the additional costs if
additional costs were required for the traffic study.
Mr. Schreiber said such costs would fall under the EIR process and
the cooperative agreement.
Council Member Fletcher asked about Mr. Peterson's concern over the
limited area of the origin/destination study, and the increased
morning traffic in north Palo Alto.
Assistant Planning Official George Zimmerman said the corridor
could be included in the traffic studies, including parts of
University Avenue east of Middlefield and along Willow Road between
Middlefield Road and Hzghway 101. The issue of morning peak
traffic in north Palo ]alto would be reviewed in the study.
Council Member Fletcher asked about the survey covering the
concerns regarding the increased morning traffic in north Palo Alto
areas.
Mr. Patterson assured the Council that the concern about the
morning peak hour traffic would be covered in the survey.
Council Member Fletcher asked about the mail -back responses on the
surveys.
Mr. Patterson said the survey was difficult to measure in per-
centages of sent out versus received. back. The license plate test
was done in a tight area. The survey forms were handed out and the
return rate was very high. They measured the daily traffic flow
and tried to get a go;,statistical sample, so the results were
considered valid.
Council Member Fletcher inquired about the use of old data.
Council understood old data would not be used for the study.
Mr. Patterson said data studies done recently at Stanford intersec-
tions could be considered valid. Traffic data had a 12 to 18 month
life.
Council Member Renzel believed the City's agree=ing for part of the
study even if the project was turner down strongly biased the
outcome of the decisions to be made. She queried whether the
budget would clearly indicate me te the amounts and from w re the - money
would from.
City Manager Bill Zeiler said staff intended to budget the moneys
and show them in the new budget so Council could see where they
were coming from.
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Vice Mayor Bechtel asked whether the origin and destination studies
accurately reflected which trips began and ended in Palo Alto
versus those just passing through.
Mr. Patterson said the mail -in surveys would cover such
information. They were dealing with individual travel behavior so
there was some limit in terms of accuracy. They were trying to
raise the level of available information so reasonable decisions
could be made. He believed the data would be valid and would help
create the added level of understanding.
MOTION: Council Member Woolley moved, seconded by Levy, to approve
the staff recommendation as follows:
1. Adopt a policy that the City enter into a cost -sharing formula
with Stanford University such that the City would reimburse
Stanford for one-half of the costs of preparing the Sand Hill
Road extension EIR, including traffic studies and concel,tual
roadway alternative design work, if the City terminates the
Sand Hill Road extension project prior to authorization of the
final design and construction phase of the project.
2. Direct staff to complete negotiation with Stanford University
on a Cooperative Agreement implementing the cost -sharing
policy under Recommendation 1,
3. Approve the budget amendment o, dinanc _ (see Attachment II),
for the Sand Hill Corridor Procedural Framework to include
these traffic studies.
4. Approve the amendment (see Attachment III) to the consulting
services agreement fc.r the Sand Hill Corridor Procedural
framework to include these traffic studies within the scope
of work.
ORDINANCE 1865 entitled "ORDINANCE OF THE COUNCIL OF THE CITY
OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1988-89
TO PROVIDE AN ADDI'T'IONAL APPROPRIATION FOR TRAFFIC STUDIES
WITHIN THE SAND HILL CORRIDOR PROCEDURAL FRAMEWORK
Amendment No. 2 to Contract No. C0000788 for Professional
Consultant Services with CH2M Hill for Sand Hill Corridor
Procedural Framework
Council Member Woolley said the only change before the Council from
what was presented last time was that the traffic study was moved
to Part B instead of being part of the EIR. The task force
believed the change was an improvement because it would provi0e.
both Councils and Stanford more information before making the
second "go" or "no go" vote.
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1
Council Member Fletcher said to her the most significant change
from what Council approved earlier was the agreement to pay half
the coats of the studies, including the EIR. She could not
understand how the process to determine whether to go ahead with
the project could be objective with a price tag attached. The
ordinance clearly stated that Stanford Univers:qty and the Stanford
Medical Center would be the primary beneficiaries of the proposed
Sand Hill Corridor project. She queried why Palo Alto should be
responsible for a significant part of the costs. She opposed parts
1 and 2 of the motion.
NOTION DIVIDED FOR PURPOSES OF VOTING
Council Member Renzel concurred with Council Member Fletcher with
respect to the cost sharing biasing the process. Somehow
Stanford's project was now Palo Alto's and she queried why the City
of Menlo Park was not paying a portion of the costs. It seemed
contrary to an open process to have the City stand to lose $250,000
when Palo Alto was trying to figure out how to reduce its budget
by $1,000,000. She noted the City Manager had polled all the
Council Members in May, 1987, abou* whether they would support such
a cost -sharing, and it was interesting that cost -sharing was the
recommendation from the JPC two years later.
ANINDNINTs Council Member Renzel moved, seconded by Fletcher, to
delete Noe. 1 and 2 with respect to the cost -sharing agreements.
Mr. Zaner urged Council to defeat the amendment. The project was
commenced as a cooperative venture which was the reason for the
Joint Cooperative Policy Council (JPC). The intent of the JPC was
to find a way, between the three agencies, to build a highway and
a roadway which everyone could support. Stanford would pay the
full cost of the project or the project would not be built.
Stanford had to come up with a sizable amount of money up front to
perform a project that two public agencies were interested in and
had defeated twice. Stanford was concerned about spending $250,000
to do technical studies for a project that two public agencies were
interested in and had already turned down twice. The arrangement
Palo Alto made with Stanford was that Stanford would pay for the
entire EIR if the project was built. If for some reason the
project was stopped before the construction drawings were done and
after Stanford wade the large outlay of funds, then the City of
Palo Alto would reimburse Stanford for one-half the costs to bring
the item to that point. He could think of no project which
received more public attention, information and notice than Sand
Hill Road. If Palo Alto was not prepared to move forward with the
project, then it should be stated.
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Council Member Patitucci clarified the City would likely pay for
an EIR if it wanted to make improvements on public land. He
clarified the City just finished paying a lot of money for an EIR
having to 'do with improvements all over the City some of which
would be done and some of which would not be done as a result of
the EIR.
Mr. Zaner said that was correct.
Council Member Patitucci did not believe the cost -sharing agreement
had anything to do with the fact Council might make a decision for
or against the project.
Council Member Renzel asked who paid for the project if a referen-
dum occurred or a lawsuit resulted in the project not being built.
Mr. Zaner said the City withdrew from the project through whatever
means, the costs would accrue to the City.
Council Member Fletcher clarified the Sand Hill Road project had
not gone through previously because of a lawsuit, not because
Council turned it down.
Mr. Zaner agreed. The fact that Council had approved it was one
reason for the Joint Policy Council.
Vice Mayor Bechtel opposed the amendment. It made sense to do the
studies at that time in order to get the necessary information in
a timely manner. The City previously committed to the joint powers
agreement between the various agencies, and contrary to some public
opinion, Pale Alto would benefit. The City received revenue from
the Shopping Center and it was to Palo Alto's advantage to ensure
that shoppers and others were able to get to their destination
without going through residential areas. The required information
would help determine how people got to and from the various
locations.
ANUIDNINNT FAIL= 2-6, Fletcher, Renzel "aye," Klein "not par-
ticipating."
NOTION $B= 6-2, Fletcher, Renzel "no," Klein "not participa-
ting."
POTION: Council I ber Cobb saved, seconded by Levy, to bring
forward Item 16 ahead of Item 16.
V ,"e Mayor Bechtel believed it was unfair to those people who were
th ere foc items 16 and 17.
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1
LOTION FAILAD 2-7, Cobb, Levy "aye."
COU CIL MATTR5
16. Council Member Gail Woolley re Appointments to the Centennial
Steering Committee (1307-02)
NOTION: Council Member Woolley moved, seconded by Renzel, that the
Mayor be authorized designate an ad hoc subcommittee of three
Council Members to:
1. Propose the appropriate size of the initial Centennial
Steering Committee; and
2. Nominate the members of the Centennial Steering Committee for
the Council's consideration.
Further, that the appointments to the Centennial Steering
Committee be moved to the April 24, 1989, City Council
Meeting.
Council Member Cobb was concerned about changing the process mid-
stream.
MOTION PASSED 8-1, Cobb "no."
17. Mayor Larry Klein re Request of Staff to Provide Information
Concerning Proposed Charter Amendment (701-02)
Bob Moss, 4010 Orme, was disturbed about the proposed Charter
amendment not addressing the interests of the general public. He
proposed a community committee, with representation from various
groups, including City staff, to do fact finding and present it to
the Council and the community.
lony Spitaleri, 1125 Merrimac Drive, Sunnyvale, President.
Firefighters Union, raged the formation of a committee comprised
of citizens of Palo Alto, police officer and firefighters to study
the levels of public safety. The issue was public safety. The
f ire f ighters and police officers laid it on the line each day for
the safety of the citizens, and would continue to do so. The loss
of equipment and people threatened public safety. The proponents
of the amendment would abide by what the citizens wanted.
NOTION: Council Member Levy moved, seconded by Cobb, that the City
Manager be directed to prepare a report responding to the allega-
tions in the circulated flier and analyzing the effect on City
operations should such a measure be adopted by the voters.
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Council Member Levy agreed with Mr. Moss in terns of the need for
a committee to determine the facts about the safety of the
community. He invited other groups to investigate the issue.
Council Member Cobb suggested a public investigation include
information related to the history of staffing levels, budget
levels and budget cuts, and the budget level as a percentage of
general fund expenditure over the years, the fire and police safety
records, a summary of statistical data comparing the safety levels
in Palo Alto to comparable communities, a summary of level of
service data, and soae information regarding pay levels for the
City's safety officers.
Council Member Patitucci believed comparison information should be
available annually for the past five years. He was also interested
in the nature of the types of calls for emergency services.
MOTION PASSED 9-0.
18. Mayor Larry Klein re Emergency Support for Western Ballet
(1304)
MOTION: Council Meter Patitucci moved, seconded by Renzel, to
limit the speakers to three minutes each.
Council Meter Cobb opposed the motion.
Council Member Renzel would normally agree with Council Member
Cobb. She had received many calls on the issue and the focus of
the comments was fairly consistent. She expected most people could
articulate in three minutes.
MOTION MN= 6-3, Cobb, Levy, Sutorius ono."'
Steven Kiiston, 651 Tennyson Avenue, felt other companies were
paying more rent than Western Ballet and were able to survive. He
hoped the financial need of the Western Ballet Theatre was not the
only thing Council considered.
Mayor Klein asked what would happen if Western Ballet Theatre did
not survive in Palo Alto.
Mr. Kiloton said it would not be crippling.
]gene Fife, 500 Railway, Campbell, looked at the financial
situation of the Western Ballet Theatre and felt iS they could meet
the challenge of overcoming their financial difficulties, they
could main as a community cultural asset.
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Randy Seiger, Board President of Zohar Dance Company, 320
California Avenue, said all dance companies exsted on small
budgets. He suggested the City take an amount such as $25,000, and
provide rehearsal halls for the companies to have recitals. He
felt the funds should be used to benefit all the dance companies.
John Prinz, Master and Teacher, Zohar Dance Company, 320 California
Avenue, didnot want any company to go out of business; other
companies were surviving, and he queried why Western was not.
Ehud Krauss, Founder, Zohar Dance Company, 320 California Avenue,
believed investing $25,000 in dance was wonderful. He wanted the
money to be divided equally between the four or five dance groups
in Palo Alto.
Donna DeBenedetto, Acting Director, Western Ballet Theatre, 1305
Marshall Street, #406, Redwood City, thanked the Council for its
suppert. She agreed all theaters should be supported, and the
Council and City should oversee its financial investment. She
suggested some Council Members sit on the Board for the Western
Ballet Theatre.
Council Member Sutorius referred to some inaccurate quotes that
were in the news media. He asked Ms. DeBenedetto about her
reaction to hearing about Mayor Klein's proposal, and about the
ballet's current financial situation.
Ms. DeBenedetto said the budget was $309,800. Seventy percent was
earned from tuition, ticket sales, and sublet rental; 30 percent
was raised through individual donations, City of Palo Alto's
contract for services, and corporate donations. The Ballet Company
had raised $5, 000 towards the $25,000 goal, and a grant was ,,ending
at the Packard Foundation for $15,000.
Council Member Fletcher asked about the Theatre Company's reaction
to the money from the City being in the for of a loan with a pay
back period of one year.
Ms DeBenedetto said that was fine.
Council Member Cobb asked about the internal management. problems.
Ms. DeBenedetto noted the difficultiee of sustaining a director due
to the Western Ballet being a nonprofit organization.
Alison Lee, 1241 Harker Avenue, Past Chairman of the Standing
Committee on the Arts, had followed the negotiations with the
City/School Liaison Committee regarding the leases of the school
surplus space. The arts were thriving in Palo Alto, with Theater
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Works, West Bay Opera, and the Children's Theatre, due to the
support received from the City and the citizenry. About 15 years
ago, the City shifted to the contract system, which did not supply
full production support but provided space and supervision. She
supported the proposed plan.
Council Member Cobb asked about the potential problem of supporting
one group over another.
Ms. Lee saw no problem of supporting one group over another. She
felt the problem was an offset of the City/School lease timing
problem. No one expected the lease to take two years to process.
She believed anything that supported the dance community was good.
Council Member Levy asked what standards should be set up for
giving assistance to organizations.
Ms. Lee felt no one was really totally satisfied with the proposal.
The financial support needed to be tied in with encouraging the
Western Ballet Company to solve its long-range financial planning.
Council Member Renzel said the Council had heard that several dance
companies were paying more rent than the Western Ballet Theatre and
managing toy keep their cash flow. She asked how Ms. Lee could
justify helping the Western Ballet when others were having to
manage for themselves.
Ms. Lee said classical ballet, in a subprofessional form, was not
the most popular. 10 one in the arts expected the Children's
Theatre to support itself in the full range of art forms needed.
Many of the dance schools were privately owned. The Ballet Arts
Center on Middlefield Road was driven out by the rezoning. Twenty
years ago, they could have rented another place, but not now.
That was why a center for the alts was greatly needed.
Council Member Woolley asked if there was a dance school housed at
Cubberley.
Ms. Lee said yes, the L'Zcole de Dense. They paid rent to the Palo
Alto Unified School District (PAUSD). It had been able to survive
partly because it rented space by the hour. A school with a large
company, such as the Western Ballet School, could not rent space
by the hour.
Jeri Lee, 1381 Forest Avenue, was skeptical about whether the
situation with the Western Ballet Theatre was a real emergency
because arts groups generally 1 ived in a hand-to-mouth existence.
She suggested the $25,000 be divided equally among all of the
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ballet schools in Palo Alto, many of which had company aspirations.
Dividing the money equally would encourage cultural diversity.
Gorda Ungerman, 74 Laburnum Road, Atherton, pointed out that the
L'Ecole de Dense was thriving and well. She had a daughter that
attended the school. The teacher was gifted and an excellent
manager. Regarding Mayor Klein's proposal, she urged the funds be
divided equally between all the ballet schools in Palo Alto.
Margaret Vanloo, 1487 College Avenue, a volunteer at the Western
Ballet Theatre, admired the Children's Theatre productio-T-, She
believed the Theatre would be managed better under Ms. DeBera edetto .
Tim Collins, 252 Everett Avenue, enjoyed the ballet classes. He
attended the Western Ballet School after checking all of the local
schools and received excellent instruction. He was concerned about
relegating the Western Ballet to a better level than the other
ballet organizations.
Christine Morgan, 221 Arlington Way, Menlo Park, Director of
L'Ecole de Dense, began her school in 1987. She taught all of the
classes and worked hard to stay within the budget. In order to
grow, she needed financial assistance. She felt all of the dance
groups in Palo Alto should have an equal share of the money that
was available for dance.
Council Member Cobb asked Ms. Morgan how she would feel if Western
Ballet ceased to exist because of a lack of immediate, short-term
support.
Ms. Morgan said when one door closed, others opened. She had mixed
feelings.
Council Member Cobb pointed out Mayor Klein's proposal suggested
a form of matching funds, i.e., a dollar granted for a dollar
raised. He asked if that sort of formula would be of value to Ms.
Morgan in her operation.
Ms. Morgan said yes. However, she wanted to make sure shi
understood it.
Andrea M. Jensen, 477 Matadero Avenue, applauded the Council for
its support of arts in general, and dance, in particular. She also
questioned the fairness of offering funds to only one dance group.
She,: recommended Council follow some. evenhanded approach and not
penalize dance organizations that stayed within their budgets.
Since Western Ballet Theatre needed a cash flow solution, she
suggested a loan. She urged -that Council do what it could to help
solve the rental problems of the other dance companies.
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Louise Bagley, 2295 Emerson Street, spoke against the emergency
outlay of funds for the Western Ballet Theatre. She felt the City
should offer a loan to the Theatre. She also questioned whether
the loan would be repaid, since the problem was not a recent one.
Lorna Afflect, 3830 May Court, was a dance representative on the
Standing Committee, and on the subcommittee on dance. She thanked
Council for considering the subject and asked that more time be
spent on the proposal.
Council Member Cobb said Western Ballet had received an eviction
notice from the PAUSD, and any delay could place them in jeopardy
of going out of business.
Mrs. Afflect did not want to see that happen
Council Member Cobb asked if Mrs. .Afflect felt the dance community
in Palo Alto would survive if Western Ballet did not.
Mrs. Afflect said yes historically. The Western Ballet Theatre
might be without a home for a period of time, but they might be
able to survive.
Anna Jaklitsch, 1850 Hamilton Avenue. was a volunteer and parent
of a 9 -year -old dancer in the Western Ballet Company, She thanked
the Council for its interest and support of dance. She was willing
to do whatever was necessary to keep the doors of the Ballet
Theatre Company open. She urged the Council to consider the
broader issue of space for artistic groups in the community. She
understood one purpose of the utility tax was to support the arts.
MOTION* Mayor Klein moved, seconded by Cobb, that if Western
Ballet can raise $25,000 by June 30, the City and the PAUSD would
match that by the PAUSD forgiving $12,500 of the rent which is
presently owed by Western Ballet to the PAUSD and the City would
contribute ballet space for the months following June 30. A
further condition would be that between April 10, 1989 and June 30,
1989, the finances of the Western Ballet Company would be overseen
by the City and the first priority of funds would be for payment
of ongoing rent to the PAUSD. The PAUSD would also allow Western
Ballet to stay at its present site while the fund-raising campaign
was underway, but Western Ballet would agree that in the event it
did not reach its $25,000 fund-raising goal by June 30, it would
immediately vacate the premises.
Mayor Klein did not believe any governmental organization achieved
*fairness* by spreading money among various organizations. He
believed the financial problem of the Western Ballet Theatre was
an emergency situation and not a precedent. A similar situation
had occurred when the Ice Skating Rink required bail -out moneys.
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If a short-term commitment could save a useful members of the
community, it should be done. While he recognized it might not
seem totallj fair, he did not believe Council was favoring one
organization over another but rather trying to keep them all alive.
Council Member Cobb believed there was value in keeping Western
Ballet alive until the negotiations were completed with the PAUSD.
He envisioned the day when the utility tax would be used for what
originally intended; e.g., to provide a location for art groups.
He was concerned about equity. The difference with the ice skating
issue was that there was no competing organizations. L'Ecole de
Dense and Western Ballet were in direct competition as was Zohar.
He wanted to delay action for two weeks and charge the arts
community with returning with a solution that made sense and
provided equity on the ballet arts community.
Council Member Woolley felt the Council would be supporting the
dance community via the back door approach. Normally, when any
organization was supported, there was a deliberate, studied,
decision -making process. Council first needed to decide to support
dance generally, and secondarily to discuss in what way it would
do so. She did not feel a bail -out or a loan was appropriate at
the present time. Palo Alto was an expensive rent district, so
possibly a solution would be not to locate in Palo Alto, which did
not preclude the community from benefiting from the school even
though it was outside the City limits. If the financial problems
had existed for a long time, she would be wary of a loan which
could likely turn into a gift. She was concerned with the portion
of the motion which made the City staff oversee the Western Ballet
Theatre's finances. The Finance Department staff workload was
heavy, and she did not want to see its staff overseeing an
organization outside of the City government.
Council Member Sutorius concurred with Council Member Woolley. He
referred to the Winter Club situation, and said a skilled private
eetre ;reneur did an excellent job running the business. He wanted
to retire, and the community interest groups wanted to see the
Winter: Club continue, so ultimately a nonprofit organization was
formed, with some support on a matching basis. There seemed to be
a belief that the use of public funds might be applied to private
enterprises, and some endeavors of the dance field were private
enterprises. He was concerned if Council had encouraged a belief
that it was prepared to enter into the support of private enter-
prises. Clearly, the Council, preceding Councils, and the
community supported the arts. When an appropriate manner in which
to sustain or grow the level of support could be found, the Council
responded. He did not want to plant the idea that pending
negotiations with the PAUSD would result in an immediately
available facility to answer everyone's needs. He opposed the
motion.
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Council Member Levy theaked Mayor Klein for bringing the issue
before the Council. He had asked staff for a list of performing
and visual arts associations in Palo Alto, and was astonished to
receive a list of over 51 organizations. If the proposal before
the Council passed, the community would view it as a precedent.
He believed all of the arts organizations were entitled to clear
standards from the City Council to be applied fairly and uniformly;
therefore, he could not support the motion. However, the Council
needed to ensure the standards were clearly laid out in the lease
agreement w3.' n the PAUSD so that the leasable space would be
awarded to the community in a fair and equitable manner.
Council Member Fletcher asked how the loan would be made to the
Western Ballet Theatre.
Mr. Zaner reminded the Council of its existing loan policy which
was adopted several years ago. The loan policy provided that in
special cases, on a finding by the City Council of sufficient
community benefit, a loan could be made at no interest. The policy
also contained a provision to waive security or collateral if
necessary, and since there was probably no security to be offered
by the Western Ballet Theatre, there were probably two ways for the
City to protect itself: 1) set up a loan repayment schedule that
required the Western Ballet Theatre to make periodic payments; and
2) request Western Ballet Theatre to provide a business plan
showing how it intended to operate its business for the next year,
setting forth not only a repayment schedule, but the balance of its
financial transactions.
SUBSTITUTE KOTIO : Council Member Fletcher moved that staff 1)
arrange for the City's contribution of $12,500 to be in the form
of a loan; 2) a loan repayment schedule be established; 3) that
a business plan be provided to the staff; and 4) the loan be in the
form of a signed contract.
SUBSTITUTE MOTION DIED FOR LACK OP k SECOND
Vice Mayor Bechtel was sy*pathetic to Mayor Klein's proposal. She
believed tae equity issue was a valid one. Alison Lee spoke about
the Theatre Works having done very well. The Theatre Works was
organized and had not tried to do everything at once.
MOTION TO TI = Vice Mayor Bechtel moved, seconded by Cobb,
to continue the item and request the Standing Committee for the
Arts to return to the City Council within 30 days with a process
for how all of the dance groups in the community might be equitably
helped.
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Council Member Renzel believed it was reasonable to continue the
item to work on some kind of equitable process to support the
dance. She pointed out Western Ballet Theatre's rent was $4,400
per month, which meant the $25,000 would cover about six months of
rent. Since the proposal required the Western Ballet Theatre to
raise its matching funds by June 30, before the City's or PAUSD's
contribution kicked in, it seemed that by the time they raised the
money, they would not need it. There was also no indication that
the PAUSD would forgive the rent as a part of the agreement. If
the PAUSD's commitment was,tied to the Utility User's Tax, the City
was not following any kind of equitable process in allocating the
proceeds that the PAUSD was providing the City as a quid pro quo
for the utility tax. She did not understand how the PAUSD's
contribution tied in unless it bought into the proposal. She
preferred an equitable process.
Council Member Patitucci queried the normal City processes for
funding the arts, and asked where it was in that process to date.
Mr. Zaner said the funding was part of the normal Finance and
Public Works (F&PW) Committee budget hearings process. The budget
hearings would occur frox May to June at which time all requests
from the organizations were reviewed.
Council.. Member Cobb said as Chair of the F&PW Committee, it was one
thing to look at the fiscal implications of some additional support
for the arts, but there were some policy questions which needed to
be addressed in terms of whether the arts, particularly the dance
community, deserved some form of additional City support or
subsidy. He believed the Policy and Procedures (P&P) Committee
needed to review the matter to provide some guidance to those who
made the fiscal allocations. Be supported the notion to continue.
Council Member Patitucci opposed the moti'n because postponing a
decision on whether the City would spend money on the item sent the
wrong signal. He did not believe the Council was prepared to spend
$12,500 or to go through the hassle of lending the money to one
single organization. All arts organizations needed to be dealt
with as a group.
Council Ker r Levy agreed. He preferred to determine how the City
would lease the space it received as part of the City/School lease
agreement to the various arts groups.
NOTION To commit t1IL*D 4-5, Bechtel, Cobb, Fletcher, Klein
voting "aye."
MAIM MOIAi DITSD*AWM
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NOTION TO REF=Rz Council Member Patitucci moved to refer the
request for support by the Western Ballet Theatre to the staff and
the Finance and Public Works Committee to be considered in the
normal course of the budget process.
MOTION TO REFER FAILED FOR LACE of A SECOND
LOTION TO REFER: Council Member Levy coved, seconded by Woolley,
to refer the question of support for the arts to the Policy and
Procedures Committee to be considered after agreement was reached
with the PAUSD for lease of school properties.
Council Member Renzel said a well thought out policy for the
allocation of space already existed. She would not support the
referral.
Mr. Zaner said it was a very long process to determine the usage
of a site. Council should not assume making the referral would be
the end of the matter.
Council Member Cobb believed the referral shout, be more specific
to dance.
Council, Member Sutorius pointed out contracts were in force and
would continue to be honored if the City took over as Lesser of a
school facility. Council could make no commitments.
SECOND DITEDRAW
MOTION TO INFER DIED FOR LACE OF A SECOND
MOTION TO REFER: Mayor Klein moved, seconded by Cobb, to refer the
question of support for dance groups to the P&P Committee.
Council Member Levy could not support the referral because dance
was one of many kinds of arts on which Council should focus. The
City was not asked for support by the dance groups, but rather
support was requested by one organization with financial diffi-
culty.
Council Member Renzel said as Chairperson of the P&P Committee, she
was concerned about what the Committee needed to do. If Council
wanted to foes on financial support, then the issue should be
referred to the F&PW Committee. If Council wanted to focus on the
space issue, there was a procedure in place. Council needed to be
more specific than referring support for the dance if the - P&P
Committee was to come up with some sort of useful recommendation.
Vice Mayor Bechtel oppose the notion. It was better for the
Standing Committee on the Arts to consider the issue.
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1
NOTION ?AILED 2-7, Klein, Cobb "aye."
No Action Taken
NOTION: Council Member Pat{tucci moved, seconded by Fletcher, to
adjourn the meeting.
NOTION PASSED 9-0.
ADJOURNMENT: Adjourned at 12:35 p.m.
ATTE APPROVED:
Cit Clerk
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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