HomeMy WebLinkAbout1987-04-06 City Council Summary MinutesCITY COUNCIL
MINUTES
PALOALTOCITY COUNCiL MEETINGSARE BROADCAST LIVE VIA KZSU- FREQUENCYGO,1 ON FM DIAL
Regular Meeting
April 6, 1987
ITEM
Oral Communications
Consent Calendar
PAGE
57-42
- 57-42
1. Six -Month Review of Council Effectiveness 5742
Guidelines -- Refer to Policy and Proce-
dures Committee
2. Resolution 6600 Expressing Appreciation to 57-.42
Ruth N. Sawyer upon her Retirement
3. Contract with Zonger Johnson Construction 57-42
for Tennis Court Cleaning
4. Consultant Services Contract for Master 57-43
Plan of they Wastewater Collection System
with Camp, Dresser and McKee, Inc.
5. Contract with Ferma Corporation for Demo -- 57-43
lition at Palo Alto Yacht Harbor
•
6. Palo Alto Yact Harbor Dock Disposal - 57-43
Award of Contract with R. Trost Moving,
Inc.
7. Request for Additional Compensation
Authority for FY 86-87 Public Works
Inspection Services Agreement with
Barrett, Harris and. Associates and Con-
struction Testing Services Agreement with
'terra tech, Inc,
57-43
57-40
-4/06/87
ITEM PAGE
9. Contract with Stanford Energy Systems for
Installation of Passive Solar Energy
Systems (Continued from 3/30/87)
10. Resolution 6601 Ao ting Under a Preliminary
Injunction in U.S. District Court Case No.
C-85-2168, Granting a License to Century
Federal, Inc., to Construct and Operate a
Cable System
11. Interim Report from City/School Liaison
Committee re 1) City/School Financing; and
2) Timing of Jordan Environmental Impact
Report
Adjournment at 8:50 p.m.
57-43
57--4 3
57-44
57-54
Regular Meeting
Monday, April 6, 1987
The City Council of the City of Palo Alto met on this date
in the Council Chambers, 250 Hamilton Avenue, at 7:33 p.m.
PRESENT: Bechtel, Cobb, Fletcher, Klein, Levy,
Patitucci (arrived at 7:34 p.m.),
Renzel, Sutorius, Woolley
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
Mayor Woolley removed Item 8, Ordinance Amending Park Regu-
lations to Prohibit Fires Except in City Provided Barbecues,
Fire Rings and Other Such Fixtures, from the Agenda at the
request of staff.
NOTION: Council Member Bechtel mom, seconded by Levy,
dipprovel of the Consent Csletldsr.
Council Member Patitucci asked to be recorded as voting
*no," on .Item 4.
Referral
SIX-MONTH REVIEW OF COUNCIL EFFECTIVENESS GUIDELINES -
REFER TO POLICY AND PROCEDURES COMMITTEE (701)
MR:19-0175
2. RESOLUTION 6600 entitled 'RESOLUTION OF THE COUNCIL OF
THE CITY or PALO ALTO E CPRESS1NG `APPRECIATION TO RUTH N.
SAWYER UPON HER RETIREMENta (701-64)'
3. TRACT WITH ZOHGER JOHNSON CONSTRUCTION FOR TENNIS
20) Rs.1923 !
Cc nt ' ct tolm toy two'iyeare . in the; asoa,nt of $17,250 per
year. Staff authorised to execute change orders not to
exceed $2,500 for each year of the Contract.
4. CONSULTANT SERVICES CONTRACT FOR FASTER PLAN OF THE
WA SWAYER LLEC ION SYSTEM WITH CAMP DRESSER AND
cKEE, INC. IN AN AMOUNT_ NOTTO EXCEED $423 571 . 1122)
(.CMR:195:7 )
Staff is also authorized to execute change orders for extra
work items in the amount of $42,500.
5. CONTRACT WITH FERMA CORPORATION FOR DEMOLITION AT PAL
ALTO YACHT HARBOR IN THE. AMOUNT OF $25 850 (1440-022
(CMR:200:7)
Staff is also authorized to execute change orders to the
contract of up to $4,.000.
6. PALO ALTO YACHT HARBOR DOCK DISPOSAL AWARD OF CONTRACT
WITH R. TROST MOVING, INC. IN THE AMOUNT . OF $10/677.77
(1440-Q2) (CMR:197:7)
7. REQUEST FOR ADDITIONAL COMPENSATION AUTHORITY FOR FY
86--87 PUBLIC W RKS INSPECTION SERVICES AGREEMENT "WITH
REL NDASSOCIATESTES AND CONSTRUCTION TESTING
SERVICES AGREEMENT WITH TERRATECH, INCe ( 0
M4R:198:7)
Staff is also authorized to execute change orders to (1) the
mended agreement with Barrett, Harris & Associates of up to
4 21,000 for inspection services; and : (2) the agreement with
Terratech, Inc. of up to $9,000 for testing services.
NOTION PARSED unanimously, ilito Pmtitucci voting "no* on
Item Item 4,
9. CONTRACT .WITH STANFORD ENERGY SYSTEMS FOR INSTALLATION
OF PASSIVE SOLAR ENERGY SYSTEMS (Continued from
(1 0 ) CMRsI 3:7)
87)
NOTION* COOScil Neer Levy move, seconded by 111. ;t4rl,
tbsat the ROM be t3tborixod to excesete the P.ssivo 9401Sr
Energy System contradt with Stanford gOortill :Witten*.
MOTION P ED usamimonsly.
10. RESOLUTION 6601 entitled "RESOLUTION >OP THE COUN IL OF
THE CITY . OF PALO ALTO ACTING UNPR A PREL N
NJUNCT ON N U.�� DIS RI COU T CAS k . C-kt 444
GR IN _. LIC «SE ENTURY F DL = AL
CONS RUCT AND OPERATE A : CABLE SYSTEM (1141-61)
57--43
4/06/87
V ti
MOTION: Council member Bechtel moved, seconded icy Klein,
approval Resolution 6601.
NOTION PASSED unanimously, Sutorius "not participating."
11. INTERIM REPORT FROM CITY/SCHOOL LIAISON COMMITTEE RE 1)
'-T'R'Y/SCHOOL `FINANCING; AND 2) TIMING OF JORDAN ENVIRON-
MENTAL IMPACT REPORT (702-08) (CMR:201:7)
Mayor Woolley would not participate in the item due to a
conflict of interest.
Council Member Klein said the issue was more than "City/ -
School Financing." With a lease of vacant school sites by
the City from the Palo Alto Unified School District (PAUSD),
the City would not be financing the PAUSD, but would enable
them to get money and would be obtaining a valuable consid-
eration from them. ,The proposal submitted by he and Council
Member Patitucci was, nicknamed the "Grand Lease Idea." Joe
Simitian's proposal was known as the "Less Gran,%. Lease."
Some members of the Scheel Board believed leasing all five
sites to the City would cause a loss of flexibility by the
PAUSD and there were other ways to accomplish the goals.
The key difference in leasing only Jordan and Jane Lathrop
School in the "Less Grand Lease" was the other three sites
would be the subject of a binding covenant not to develop on
the part of the PAUSD so the same goal could be accom-
plished, i.e., the citizens of Palo Alto could be assured
all five sites would not be developed during the 15 -year
period of the lease. The only difference between the "Grand
Lease Idea" and the "Less Grand Lease" was that the three
elementary school sites would not be managed by the City but
rather the PAUSD would use them either for leasing income or
for school purposes as it saw fits The payment would remain
the same He referred to the next to last line on the first
page of the staff report (CMR:201'7). The sentence read,
"the City will pay the School. District approximately $3
million per year...." The statement was true to a point,
but the PAUSD would net $3 million. The payment by the City
would be $3 mi 11 i en less what the PAUSD was able to save in
not having to administer the sites. The City would pay
somewhere between $2.5 and $3 million. Mr. 7aner's proposal
was that the City pay the PAUSD $ 3 million per year and
receive some kind of right of first refusal on the buildings
if the. PAUSD wished to sell them, but the PAUSD would retain
control over all the buildings and the City would have
cc trot over the playing fields. , He commended City Attorney
Diane Northway and Senior Assistmnt City Attorney Sandy
Sloan for teir efficiency. Since the PAUSD was also _
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As corrected
5/04/87
considering another alternative, they hoped to have the mat-
ter oe ehe agenda for the last meeting in April or the first
one in t'ay. The PAUSD needed to decide whether to partici-
pate in putting the utility tax or parcel tax on the ballot
in November. The most recent meeting of the PAUSD's Citizen
Advisory Committee considered whether a tax election was
feasible, andw►hether the PAUSD should participate in a par-
cel tax, the lease idea, or general obligation bonds. The
Committee was scheduled to report back to the School Board
at the end of April. At that point, he believed it was fair
to say more people on the Committee favored the parcel tax
than the lease or utility tax idea.
Council Member Cobb said Mr. Zaner's proposal was known as
the "unlease." The "unlease" was extremely simple compared
to the flexibility of the lease idea. The assignment was to
work out a lease, arrangement with the PAUSD; and, since the
unlease" was not a lease, it was not sensible to pursue the
idea in that context. However, he believed the approach
should be considered. It was agreed the "Less Grand Lease"
seemed preferable to the "Greed Lease Idea," and as far as
he was concerned, the "Grand Lease Idea" was not presently
under consideration. Whatever document returned for final
consideration would be one which everyone agreed upon and
the City Council and PAUSD would have a chance to go through
it in some detail.
Council Member Renzel referred to the "Less Grand Lease,"
and asked whether consideration was given to a roll --over
provision so the_ lease would continue through failure to
give notice. If not, she queried what mechanism would be
used to roll back the utility tax.
Council, Member Klein said consideration ; was not given to a
roll- over of the lease. He believed the I5 -year period was
the maximum the PAUSD was comfortable with and if the lease
went through, what happened after the year 2003 would be up
to the people in charge then.
Council Member Renzel said it they knew the lease would end
in 15 years, one would assume at 14 years a plan fortransi-
tion would be made.
Council Member Klein assumed if the lease went through and
if the two agencies wanted to renew the lease, they •would
start negotiating two or three years in advance of the ter-
mination date, which would really be the same thing as a;
roll-over.
Council Member Renzel said it seemed a notice provision
could accomplish the' roll-over and would still give the
PAUSD flexibility.
City Attorney Diane Northway said as a general purpose._ tax;
she . did not believe Council would want to tie it into any
term. The City's position of a general purpose tax was
strengthened by the fact that it would continue <<,beyond the
duration of any lease agreement with the PAUSD.
Council Member Cobb said the meetings focused on the form,
structure and coverage of the lease and not how Wu the tax
should be or any of the other issues. The other issues
would be decided once a lease was in hand.
Vice Mayor Sutorius asked whether consideration was given to
any form of credit toward ultimate purchase if that became an
appropriate action.
Council Member Klein said the staffs were directed by the
City/ School Liaison Committee to prepare a lease on the
"Less Grand Lease" idea. He believed only one document would
be brought forward from the Committee for the City Council
and PAUSD and it would be the -`Less Grand Lease* idea
assuming they could agree on the remaining points. The sub-
ject of credits was brought up from time to time, and what
was currently an the lease was a continuation of the credits
the City was presently entitled to under the lease of the
athletic fields at Jordan and Cubberiey. The City would not
get.. any additional credits against any potential purchases
frail the additional sums of money the City would pay to the
PAUSD for the lease and the no development clause.
Vice Mayor Sutorius referred to the utility user's tax and
the previous estimate of what such a tax might produce in the
way of revenue at various percentage steps of application.
Measked whether the estimate was refined and whether any
adjustments were made by reason of accounts which would not
be subject to the tax or any changes with respect to the
estimated sales revenue against which the utility users tax
would be applied.
Director of Finance MarkHarris said the earlier report esti-
mated more gas and electric revenues' would total amount $86
millionnext year and that each percent would raise about
$860,00. Since then more refining was done. On the pos--
tivw end, potential revenues were looked at through the tele-
Phpries which were not as easy to ascertain as thek:City's own
revenue. PacSell, AT&T, Sprint and MCI were the four major
carriers applicable to the tax and they had a° -their: own
57.46
4/06/87
regulations. They could not charge the tax interstate and
could not charge a tax if the lines were leased as private
lines, but the figure came out to about an additional $15
million. On the other hand, public agencyusers were exempt
by law so the City, PAUSD, Veteran's Hospital, County -and
State facilities within the City would not be subject to the
tax. Id addition, by law some private sector institutions
could not be subjected to the tax, i.e., banks and insurance;:'
companies. Given those figures, about $90 million worth o e
utility revenues were potentially subject' to the tax. Oft;
that, about $75 million would be the City's water, gas and',
electric utilities. The previous figure of $.86 million per
percent would be increased to about $.9 million per percent
if the tax were applied as discussed and applied across--
the-board.
Council MeMher Klein said staff was also looking at dif-
ferent ways of configuring a utility user's tax rather that
just a percentage across-the-board, and whether there could
be different things such as lifeline rates, a cap on rates
at the top end, and whether it could be configured on other
than a linear basis.
Mr. Harris said they considered a number of broad -based
conceptual approaches like excluding lifeline or charging
strictly the nonresidential customers. .They used a base of
$4 million as a starting figure. If a flat rate were
charged to everyone eligible to raise $4 million, the . per--
centage would have to be 4.5 percent across-the-board. It
they a eluded residential customers entirely and only
applied the tax to nonresidential customers, the rate ' would
have to be 6 percent acr_seethe-board. They tried a
differential rate but it looked like the nonresidential cus-
tomers paid about 75 percent of $4. million or about $3 mil-
lion at the 4.5 percent level.* if they made the rate4 per-
cent, they would have to charge residential customers about
5.6 percent. If they retained the lifeline allowances cur-
rently built into the electric, water and gas rates and
exempted those sales from the taix, they would have to charge
all other consumption 5.2 percent across-the-board.. Por
residential customers, they would average less than 5.2
percent ---anywhere from zero percent if they just used the
lifeline allowance. A largecustomer might see . their over-
all tax approach be 4 or 5 percent depending on their con-
sumption. Staff had a problem with a cap in the sense that
wherever it was cut, everyone else had to Bake up for it*.:
In essence, a cap betas a bill for the top two or thre
users within the system. They could calculate -it,. but 1
turned out the top three users were so large, the signifi-
cant revenues : would be lost. The question was whether they
tax was fair at some flat rate and it probably was. Just
because someone was twice as large might not be a bad proxy
for them paying twice as much tax. The cap was put to the
side because there were manv problems. He believed the
approach should be to lower the percentage as a means of
capping some of the large utility users as opposed to trying
to say no one would be charged more than $100,000 or
$200,000 a year.
Council Member Klein said if, the rate was 5.6 percent for
residential and 4.00 •nonresidential, he asked about the
percentage of tax to be raised by each.
Mr. Harris said about $2.6 million would be nonresidential
and $1.4 would be residential. It would still be almost
two-thirds nonresidential
Council Member Bechtel asked about the timing of the
environmental impact report (EIR). The particular item
generated a lot of mail.
Council Member .Klein said the EIR was not formally discussed
by the City/School Liaison Committee.
Rosemarie Bednar, PAUSD Property Manager, 25 Churchill
Avenue, said the PAUSD urged Council to schedule',considera-
tion of the EIR certification and rezoning of the Jordan
site not later than the end of April. The process to revise
the zoning was initiated about 15 months ago as a result of
suggestions by the City/School Liaison Committee. It was in
the best interests of the PAUSD for the matter to be con-
sidered as soon as passihie.
Alison Lee, 1241 Harker Avenue, Chaired the Standing
Committee on the Arts and Sciences. The Committee liked the
concept of the "Less Grand Lease," and attended Planning
Commission and Jordan zoning meetings along with the neigh-
bors and viewed the subject as citizens and as advocates of
the arts. .The Planning Commission made decisions based on
faulty comparisons i.e., use of Jordan by community organi-
zations might be as heavy as the Jewish Community Center use
of Terman. The City was the only one who could legitimately
say it was in the best interests to use Jordan with less
density. Decisions were made which, assumed community
organisations under the present modified proposal for zoning
Jordan would be possible. When the PAUSD administered a
lease, they got top dollar. Under the proposed zoning, even
with its modifications, there was little chance that any of
the arts or community groups could use it. A City lease of
the facilities was needed. As part of the "Less Grand
Lease" proposal, she urged consideration of the possibility
of including the Cubberley Theatre and the Spangenberg
Theatre. When Stanford Middle School was closed,
Spangenberg Theatre would no longer have the technical help
of high school students which it presently relied on.
Cubberley Theatre was not fully available for art groups and
those were fairly small items in the large list of facili-
ties. They believed ways could be found to administer the
facilities which were not as expensive as what might be
expected. She urged they go ahead with the "Less Grand
Lease" because it had something positive and satisfying to
offer the community.
Betty McCroskey, 4158 Oak Hill, referred to the Jordan site,
and hoped the City would not lock itself into rigid high
parking requirements. The requirements for parking, if the
City leased Jordan, were likely to be different than if the
PAUSD had Jordan. The parking requirements in the EIR
report were based upon certain assumptions presented by the
PAUSD as a fictional mix of tenants. The PAUSD believed -it
needed to rent the space for optimum use of the site at
optimum price in order to bring in the funds for the
schools. The City might not have that goal in mind and
could, particularly with a mini Fort Mason concept,-- need
less parking requirements. She understood the current pro-
posal was based on a potential overlap of users. There was
no assumption that some of the users would walk or ride
their bicycles. In Palo Alto, and particularly with certain
nonprofit groups, there would be a lot of cycli t s. For the
benefit of the community and the PAUSD, it made sense for
the City to manage both Spangenberg and Cubberley audi-
toriums. The Ci ty ' already managed theaters and the Cultural
Center had the staff to do so.
Council Member Patitucci believed the "Less Grand Lease"
proposal was consistent with the original intent and
improved on it from the standpoint.. of a property management.
In reducing the number of properties, they were not reducing
the potential for developments. A key to the original pro-
posal was to try and get property out of a set of i_reum-
stances where the PAUSD believed it had to maximize rev-
enues, which conflicted with the neighbors and created
potential problems in zoning and EIRs with the City. The
four sites taken out of the proposal would still have devel-
opment limitations on them only the City would be respon-
sible for maintaining and managing two properties, which
lowered the City's possible costs. He seconded Council
Member Klein's comments and encouraged the City/School
Liaison Committee to eentinue its efforts on the "Less Grand
Lease" proposal.
Vice Mayor Sutorius asked how Council would address the
lease in the time frames discussed and how it would dovetail
or cooreiinate with addressing the financing aspects of the
utility user tax and the considerations in the conceptual
discussions that the infrastructure would be addressed
potentially via the utility user tax or some portion of it.
Council Member Klein said it would be tough to consider
everything if they stayed with the November election time
line. There was dissent among the PAUSD members regarding
the financial situation and whether November was the right
time. If they assumed November was the right time, the time
line established was to get things back to Council and the
PAUSD to provide two months to consider the terms of the
lease and to design a utility users tax if the lease looked
like it would fly and would be financed in that way. From
the Council's standpoint,- the two things could go- forth
concurrently. The:Thet intent was to get the lease back to
Council as soon as possible in order to have the maximum
amount of time for review. There was time built in so if
Council liked everything in the lease except one section,
they could go back and renegotiate :it.
Ms. Northway said if they went with a November election, the
measure would have to be in place and ('n>»r•i l +"ou!d have to
adopt a resolution placing the matter on the ballot on. July
13, 1987. Council would be approving the lease in concept
because it would not be executed until the end of 1987 or
the beginning of 1988.
Council Member Cobb said conceptually the lease would estab-
lish some kind of goals, if not specific dollars, in terms
of a revenue stream to be_ projected back. to the PAUSD, which
in turn would set a kind of minimum tax to be passed in
order to satisfy the conditions of the lease as perceived by
the PAUSD. If a specified stream of revenue to the PAUSD
was created, plus a stream of revenue to possibly improve
the City's infrastructure, it would set what the tax level
would have to be. Other issues to be considered would be
whether to have some kind of split rate, lifeline, etc. As
the people from the PAUSD tried to decide what they wanted
to do, the .nature of the proposal to be put to the voters
was something they would like to know as soon as possible.
He imagined the magnitude of the tax would have some bearing
on whether they believed it to be a good or bad idea.
Council Member Patitucci said the lease prop ,sal was an
effort on the part of the City to lease land from the PAUSD
in order to try and avoid the kind of conflict and neighbor-
hood; dissention and problems they were starting to see
57.50
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5/04/87 :.
result from the EIR process., If the EIR process went ahead
simultaneously, he was not sure they might not be sending a
wrong message to the people they wanted to vote on the
utility tax/lease proposal if that was what the school dis-
trict found to be most favorable. He was concerned by the
request to move the matter ahead quickly since he understood
the PAUSD would make a decision in early May as to whether
to go with a parcel tax or a lease proposal. If they went
with a lease proposal, ultimately the decisions on land use
would be the City's and they might he able to avoid a lot of
the anxiety and the problems inherent in processing the EIR
and rezoning the property. On the other hand, if the PAUSD
proposed to go ahead with the parcel tax approach, he sus-
pected the parcel tax plus lease income would be important
to the PAUSD. He asked about the next City/ School Liaison
Committee meeting and whether Council could recommend the
matter be put on the agenda so the committee members who
represented two political bodies could decide where and when
it was appropriate to tie in the EIR. It seemed the City/
School Liaison was where the matter should be discussed
because there were considerations on both sides.
NATION: Council Member Patitucci moved, seconded by
Renzel, that the EIR be referred to the City/School Liaison
Committee for a recommendation as to where the EIR fits in
the grand schedule for the PAUSD's decision -making.
Council Member Cobb believed the PAUSD was looking at sev-
eral alternatives and should any of them not happen, it
wanted to ensure the most revenue possible from the Jordan
site and that it lost no further time pursuing the option.
He heard the opinion .expressed several times over the last
year that the process took a .long time, and the PAUSD was
concerned that each piece of time lost was a potential loss
of revenue downstream.
Council Member Renzel did not believe Council Member
Patitucci's proposal would delay things extraordinarily. If
they were on a parallel track until it was determined
whether the City would pursue the utility tax, presumably
the PAUSD would not pursue leasing the site.. until the issue
was resolved. Because zoning changes required a period of
time to elapse before they became final, the timing could be
arranged such that if the utility tax was put ors the ballot,
the process would go along so the zoning would take place
approximately the time of the- election so they would know
prior to any final decisions the results of -the election.
It did not seem it would cause undue delay if .it was the
intent , of the PAUSD- to leave the sites open until an
election resolution.
City Manager. Bill Zaner said while the Jordan EIR was of
critical importance to the PAUSD, it might also be important
to the Council in determining whether it wished to proceed
with any of the lease arrangements. It was understood that
if the City leased Jordan, the uses to which they Ci ty put
the property might be different from those to -Vhich the
e, PAUSD would put the property. The ,information irt* the EIR,
now being reviewed by the Planning Commission, *as basic
data about kinds of uses and the relative impacts, would be
F ° valuable to the Council when it looked at the lease to
determine whether the types\of uses would be acceptable for
the City.
Council Member Klein believed the PAUSD's position was known
and while there was always a chance that the two school
board members on the City/School Liaison Committee might say
something different, he doubted it. He did not support the
motion.
Council Member Bechtel agreed with Mr. Zaner. She did not
believe Council should assume that if the City ultimately
ended up leasing the Jordan property for example, that the
planning decisions made by the City Council would be any
easier: than if made : by the PAUSD;. There was a planning
process in terms of certifying ari EIR and Council • should
continue with the process.
Council Member Patitucci said the EIR was currently
scheduled for Monday, May 4, 1987. He expected the PAUSD
wanted Council to consider it in April. He queried whether
the date would be changed at the request . of the PAUSD. The
Tuesday, May 5 greeting was the meeting at which the PAUSD
was to consider a tax proposal. One of the difficulties- he,
saw with the schedule .was that it could appear that whatever
decision was made one way or the other might force the issue
on the PAUSD. He did not believe Council wanted to be in
that: 'position. The question of whether to accept the lease
proposal or go with a parcel tax should, be independent of
whether Council" approved certain levels of uses on the EIR
site., If Council approved the same uses as the Planning
Commission, some of which were fairly significant in terms
of the neighborhood and would have some impacts and mitiga-
tions, and if the PAUSD approved the lease proposal, he
queried what ; happened if, between the time the EIR was
approved and the ' time there we's a vote, the PAUED found :e
tenant at one of the higher levels of use. He wanted some.
clarification from the PAUSD of how it fit into the overall
sehoduling depending on what decisions were made. ee
57-52
4/06/87
Council Member Fletcher believed the PAUSD would like an
indication from the Council before it decided on whether to
go for the parcel tax or the lease proposal because if
Council indicatedit would limit the intensity of the use,
it would licit the PAUSD's options in terms of what to do
for the November ballot.
Vice Mayor Sutorius said it was difficult to support an
action contrary to what the applicant, PAUSD, requested.
The PAUSD asked Council to continue to follow the schedul
and do its best to get through the process, and represente t'
the same position in correspondence and in oral, -
communication. It .would be difficult to switch gears and
make any unilateral decision because` as he understood the
EIR, there were objectives and structures that were blind to
whether the City or PAUSD was the applicant and _responsible
for leasing. He used the term "blind" rather than °silent"
because the EIR was not silent on the potential 'and there
was specific reference in the EIR to what the circumstances
would be if the City happened to be the possessor with the
right to lease. Regardless of whether it was the PAUSD or
the City, they had judgments to make based on the content of
the EIR not on the content of political speculation.
Council Member Levy said they did not know how the yoters
would react to the various proposals and they owed `it to
them to make as much infortation as possible available which
was another reason for having the EIR move ahead. _ He
concurred that in essence the .applicant was the one who was
most concerned and trying to find a way to solve its
financial problems and to have the community support it.
Ultimately, whatever was done would have to go. to a vote of
the community.
Council Member Klein said Council Member Patitucci correctly
stated the matter was scheduled for the PAUSD agenda at its
May 4, 1987 meeting. No action would ba taken that evening,
they were just receiving reports. Something had to first
appear on the PAUSD agenda as an information item before it
could be voted on. The .earliest the PAUSD would vote would
be two weeks later in any event and they might want to have
more than one meeting on the item. He. did not expect any
action from the school board at least until May 19 and
possibly later.
*MOM W1TiDIUMIS BY SAM Ale MOM
NO 'AMON TAUT