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Home My WebLink About2003-12-15 City Council (9)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL 7 FROM:CITY MANAGER DEPARTMENT: CITY MANAGER DATE:DECEMBER 15, 2003 CMR: 558:03 SUBJECT:2003 SHORELINE CONCERT SEASON RESULTS AND RECOMMENDATION TO DIRECT STAFF TO MEET ANNUALLY WITH CLEAR CHANNEL COMMUNICATION STAFF AND REPORT ANNUALLY ON THE SHORELINE CONCERT SEASON RECOMMENDATION Staff and the City Council Shoreline Subcommittee recommend that the Council direct the City Manager’s staff to meet with executive staff from Clear Channel Communications annually to review Shoreline Amphitheatre noise complaints, and to prepare an annual report to Council. BACKGROUND In June 1993, the City of Palo Alto and Bill Graham Presents (BGP) entered into a settlement agreement with regard to Shoreline Amphitheatre. Under that agreement, BGP agreed to operate Shoreline Amphitheatre subject to certain noise and hours restrictions. The City of Palo Alto and BGP also agreed to meet at least twice a year to discuss Shoreline Amphitheatre operations, with one meeting occurring before the season and another after the season. BGP was subsequently acquired by Clear Channel Entertainment. During the concert season, the Palo Alto Police Department is responsible for monitoring complaints regarding noise from Shoreline concerts. According to the agreement with Clear Channel, if more than 4 Shoreline events in any year result in 45 or more complaints from different Palo Alto residential addresses, Palo Alto and Clear Channel will reopen discussions and negotiate in good faith to identify mitigation measures to reduce noise impacts in Palo Alto. CMR:558:03 Page 1 of 3 Below is a history of Shoreline complaints since Palo Alto began accumulating information under the settlement agreement: SHORELINE COMPLAINTS Concert Season Valid Complaints Number of Concerts Over 45 Complaints 1993 989 5 1994 872 10 1995 247 1 1996 1297 10 1997 199 1 1998 255 3 1999 99 0 2000 139 0 2001 n/a*n/a* 2002 212 2 2003 79 0 * Data on complaints could not be provided by the Police Department for the 2001 concert season. DISCUSSION The Shoreline settlement agreement between Palo Alto and Clear Channel Communications (formerly Bill Graham Presents) only requires that "Palo Alto and BGP will meet at least twice a year to discuss Shoreline Amphitheatre operations .... " The City Attorney’s Office has advised that there is no reason that the representative of Palo Alto cannot be a staff member, if the Council wants to delegate this duty. In addition, since this clause is really for Palo Alto’s benefit, to force BGP to meet and confer about how they are operating Shoreline, the decision to meet only once a year instead of twice a year (as the clause provides) is only a concern for Palo Alto. Staff and the current Council Shoreline Subcommittee, composed of Council Members Lytle and Freeman, recommend that the meetings be held once a year, between Clear Channel executive management and City executive management. CMR:558:03 Page 2 of 3 If Council approves this recommendation, staff will continue to provide the Council with an informational report each year summarizing the complaints received during the season, and the meeting with Clear Channel. If the noise problems become acute again, staff will recommend that Council reconstitute the Council Subcommittee. RESOURCE IMPACT The Police Department estimates its costs of monitoring complaints at $2,000 annually. PREPARED BY: Emily CITY MANAGER APPROVAL: Assistant City Manager Frahk Benest, City Manager ATTACHMENT A: Shoreline Amphitheater Complaints 2003 CMR:558:03 Page 3 of 3 Attachment A SHORELINE AMPHITHEATER COMPLAINTS 2003 MAY JUNE JULY AUG SEP OCT 4th Sun 2:00pm 19th Mon 6:30pm 23~Fri 5:30pm 30th Fri 8:00pm Ist 7:30pm 7th 7: 30pm 8th 7: 00pm 13th 1:00pm 20th 7: 30pm 4th 8th 9th 10th 12th 13~h 18th 19~h 26~h 31~ 1st 2nd 19th 23~ 28th 30th 6th 19th 20th 23rd 25th 28th 4th 5th 10th 25t" 26TM 5:00pm 9:00am 7:00 }m 7:00)m 7:00 )m 7:003m 7:00)m 1:00 :)m 4:30~m 6:00~m 7:00pm 7:00pm 12:30pm 7:00pm 7:00pm 7:30pm 8:00pm 7:00pm 7:30pm 7:30pm 8:00pm 7:30pm 8:00pm 8:00pm 7:00pm 5:00pm 2:00PM Sammy Hagar MV-Whisman Schools Choral Fest Brooks & Dunn Neon Circus Coldplay Monthly Total Pearl Jam Peter Gabriel ZZ Top W/Ted Nugent Live 105’s BFD:Foofighters etc. Kenny Chesney Monthly Total SF Symphony Ozzfest 2003 Phish Phish Santana John Mayer / Counting Crows Nell Young & Crazy Horse Sounds of Hawaii Rock the Mic: Jay-Z, 50 Cent etc. KFOX Boston, Bad Co., Greg Kihn Monthly Total Dave Matthews Band Dave Matthews Band Lollapalooza Doghouse Comedy Jam Iron Maiden w/Dio & Motorhead Toby Keith Monthly Total KFOG Summer Picnic w/REM The Dead Alabama Radiohead Jimmy Buffett Alan Jackson Monthly Total James Taylor Mana Aerosmith / KISS Bridge School Benefit Bridge School Benefit Monthly Total 1 7 9 2 9 1 3O 4 1 5 5 2 4 1 7 9 2 9 1 29 4 61 1 5 6 5 2 4 0 0 YEARLY TOTAL 80 79 COMPLAINTS ON DATES WITH NO CONCERT LISTING June 6~10:00pm June 10t~9:00prn July 8~10:30am HV res. calling to say can’t hear any concerts Sept 13t~5:30pm Sept 14u~5:56pm Totals 1 i I 1 1 5 1 1 0 i 1 4