HomeMy WebLinkAbout0598.093December 9; 1993
HONO~~LE CITY COUN~IL
Palo Alto. California
Adoption of City Policies Regarding
.E.l1blic/Private Partnershios and Fee Wa.ivers
MembErs of the Council:
RePOrt in Brief
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This report responds to an April 5, 1992 Council assignment to
st.aff to develop a policy rega.rding facilitation of publici
private partnerships ~~d an ordinance waiving fees for certain
projects (see attached 4/2/92 memOrand\lm). .~ recommended Policy
Statement and Fee Waiver Ordinance a~e attached. Work on this
assignment. identified closely related issues involv-ing City co
sponsorship of events and Police Department fees for providing
assistance at private events. Development of proposed policies
regarding these later items is nearing completion and will be the
subject of a forthcoming staff report. Staff recommends that
this report. along with the forthcoming staff report on a
proposed Co-sponsorship Policy ana Police Department fees I be
referred to the Policy and Services committee for review in early
1994.
Policy to £pcoura3e and Facilitate Partnerships
Tl"-.. e ac.tached Public/Private Partnerships policy, if adopted,
'~uld establish a City Council policy to encourage the
development of public-private partnerships. !n carrying out this
policy. the City would actively promote formation of partnerships
rather than the historic pattern of primarily waiting for private
or nonprofit organizations to develop proposals. City promotion
of partnerships could range from co-sponsorship of activities to
solicitation of propoaals to facilitation of proposals through
th~ City review process. The C~ty Manager has established a
staff Public/Private Partnership COM1Tlittee that would facil~tate
review and decision making on both proposals received from
outside the City organization and concepts identified by City
om,S9S,93
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staff. Forrnat.ion of the Committee is in response to the need to
understand and facilitate interactions hetween the publi~ and
private sectors. One rele·,la::t work area is to see t.hat potential
partnerships receive a coordi~ated multi-dapartmect response 3nd
ti~ely decision ma~ing.
The attao::hed policy does not address co-spcnsorship of activities
and Pcl~ce D~partment fe~s. The complexity and importance of co
sponsorship has resulted in staff undertaking work en a separate
CO-Eponsorship Pol icy statement that, alc:19 · ... ·ith recommendations
on Police Department fees, will be forwarded to the Cou~cil in a
separate staff report.
Waiver of City Fees
The attached policy identifies an approach tQ waiver of City fees
that is based partially on the Children's Theater expansion
project (see attached excerpt of May 28, 1991 Council minutes).
Any ..... aiver of fees ,""ould nee.d to be approved by the City CO\.lncil.
The Council would have authority to waive fees only for
construction or capital projects which, upon completion. l.·esult
in a neioll or improved public facility, building or park t.hat would
be solely owned or controlled by the City. For a project that
would result in a portion of the construction effort becoming a
City faci.lity, the waiver of fees wo~ld apply only to the portion
of the project's fees applicable to the :uture City facility.
This fee waiver procedure is contained in the attached ordinar.ce
amending Section 1.08.110 [Fees} of the Municipal Code.
The recommended fee .... aiver procedure is narrowly drawn, out of
concern that a more flexible approach (e.g .• potentially .... aiving
fees for npuhlic services" or ~public facilities~) would open the
City to many fee waiver requests from nonprofit and for-profit
organizations providing what they perceive to be a public ser~ice
(e.g., recreational, tnedical or social service providers}. This
approach forces Council to made decisions on a more subjective
basis and may have the potential for conflict. of interest due to
the: number of o'?nprofit agencies receiving direct and indirect
City assistance.
~~vironmental Revie~
Adoption of the attached policy and ordina.~ce amending the F.ees
section of the Municipal Code is not a Project under the
California Environmental Quality Act, and no environmental review
or finding is necessary.
Recommendation
Staff recommends that the City Council refer the attached
PubliC/Private Partnership Policy and the attached ordinance
12/9/93
Page 2
amending Secti::>n 1.09.110 [Fees] of the Palo Alto Municipal Code
to the Policy and Services Committee.
Respectfully submit.ted.
-;t£/.A.a:/t X'/ -ld/Mh:y
KENNETH R. SCHP~lBER '
Director of planning and
Community Environment i _
(\1)/11.1 ~U/r"WY.,.,.
JUNE FLEMING
City Manager
/:
'.~,(,,<".L: /.' ~\,fl C"
E -LY ~ISON -
Di rector of Finance-
Attachments: Public/Private Partnership Policy
Ordinance
April 2, .1.932 Memo:r:andum
Excerpt of the May 28. 1991 Council Minutes
=,598,93 12/9/93
Page 3
PqaLIC/PRtyATE PARTNERSHIPS
POLICY STA1EM?NT
It is thf! policy of the City of palo Alto to encourage the
devt:;lopment of public/private partnerships. A public/private
partnership is defined as cooperation be:ween the private sector
or nonprofit organizaticns and t.he City in providing services.
facilities or other capital projects to the community.
Public/private partnerships may take different forms. Tw':::, of the
most COLTlmon include:
• Cooperat~ve partnerships: This approach assumes
cooperat~on ber.ween the pubLic and pl:'ivate or n·onprofit
sectljrs in order to achieve mutually shared objectives.
Examples include construction of the expansion to the
Children's Theatr~i the City's relationship with the
Senior Center and the Palo Alto Housing Ccrporation;
~~d the Economic OUtlook Committee.
• Inducements: In this approach, the City struct.ures
incentives that change the market environment in which
the private sector operates in order to achieve social
goals. Examples include the PARTNERS progl:am in the
Utilities Department; and the 250 Uni .... ersity Avenue
development, in which increased square footage and
relaxed height restrictions 'Were exchanged by the City
for public parking and dedicated alley improvements.
CITY ROLE IN PARTNERSHIP FOPJ1ATION
Tbe City has historically acted primarily as a passive recipient
of proposals for p~blic/private partnerships. It is the intent
of this policy, however, to promote the active participation of
the City in the formation of such partnerships. -Active
participation-could include:
• Facilitation of proposals through the City'S regulatory
process (e.g. 250 University);
• SOlicitation of proposals for public/private ventures
{e.g. Tower Well site, Chuck Thompson site) j
• WaiVer of fees by the city Council for construction of
facilities to be owned, or controlled. and operated by
the City (e.g. Children's Theatre);
Page 1.
• Use of fac:ilit.ies/suhsidi zed rent {e. g. Cubberleyl
Propcsa.ls for a public/privCit.e partnel.·ship opportunity are
ncrmally received by City staff from private sector cr-nonprcfit.
organizations. They may also be :refe.r:-ed by the City CO·.l!'1c:ii t-o
staff for review and recQmmendatlon.
An important ccnponent for facilit.ating publ ic/pri 'late
partnerships is the ability of the City t.o react quickly an.:3
comprehensively to a proposal+ Also of importance for some
propcsals is the impact Clf City processir.g fees. The follo',Oo'ing
procedu~es establish a rnechanisrr, t.o obt.ain. prompt and ccmpre
hensive initial City review of a ~roposal and consider·ation of
r~quests for waiving City fees.
F"..lhlic/Priva.te Camrr,ittee; A fubl ie/Private Rev~ew Committee
shall be appointed by the City Manage~, with representation fro~
the Police .. Fire, Public Works, Community services, Planning and
Financ:e Depart.ments, ae well a.s the City Attorney'.s 8:tfJ.c2. _~
appropriate, st.aff from other departrroent.13 ·who a.re involyed in a
public/private proposal may also participate on t}-i.e Com1T,it.tee.
The Commit.t.ee shall be chaired by t.he City Manager or his/her
designee. The Committee shall meet as.: required to revi.ew
p'.lblic/private proposals r but no less than quarterly_ Pres and
cons of a proposal will be ident.ifi!?d and discussed. A summary
of each private or non-profit sector proposal will be forwarded
to the City Council, accompanied by a recommendation from the
City Manager to the City Council on whether t.he City should
participate. The summary and recommendation to the Cj ty Council
will be prepared whether or not the City staff support the
proposal as a publi~/private partnership.
Fee Waiver: The Public/private Committee may recommend .. as part
of its review of a proposal, that allY normal City processing or
use fees under the Mu...,i.cipal Pee Schedule I not including fees and
charges levied by City of Palo Alto utilities, be waived as a
part of the City's participation in app:ropriate pub 1 ie/private
partnerships. Waiver of fees shall be by the City Council and
limited to those fees associated .... ith a construction or eapit<>.l
project which, upon its completion, results in a new or improved
public facility, building or park, or some portion thereof, that
..... ill b~ solely owned or controlled by the City. In the event
that only some portion of a constr ... ction or capital project will
result in a new or improved City facility, building or pa~k, or
some portion thereof. then the City Council may only waive that
portion of any associated fees directly ~elating to the
construction, improvement or enhancement of the Cit.y facility.
building or paTk. If appropriate, the summary and recommendation
report to the City Council will include a recommendation on
waiving fees, and the Council can approve or deny the waiver
recommenaed by staff.
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ORDINANCE NO.
ORDINAN'CE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER 1.08 [VIOLATIONS] OF THE PALO
ALTO MD~ICIPAL CODE TD PROVIDE AUTHORITY FOR
WAIVERS OF FEES UNDER THE MUNlCIPAL rEE SCHEDULE
FOR CAPITAL PROJECTS WHICH BENEFIT THE CITY
The Coul!cil of the City cf Palo .lUto does ORDAIN as follows:
SECTION 1. Section 1.08.110 [Fees] of L.he Palo lUto
Municipal Code is f1.ereby amended to reiid as fo] lows:
1.08.110 Pees for licenses~ pennils,. services~ etc.;
use of city facility or service.
(a) The city ma.nagp.r shall establish a schedule of fees
and rates for all q,-pes of services performed by city
depart!I~nts under fl4.e-the IIiana:ger~s control, except
utility rates and charges; admissions j golf course fees
and nonresident library fees, to be set forth in a
document to be known as the ·municipal fee schedule ft •
Such document shal! list all fees, rates and charges,
except utility rates and charges, charged and collected
by any department of the city and shall be available to
the public for examination by req~est.
(b} Any change in any fee established by the city
manager shall become effective upon commencem~nt of the
thirty-fizst day following notice sent to the coun:il,
except fees established pursuant to an emergency
ordinance of the city council~ or fees changed by the
city council after such notice. If any fee is changed
try the city council by motion action, in such case said
changed fee shall be effective on the next weekday
following such council action, or at such other time
£pecified by th€ council.
(c: >., ~9=Pt as,,, p~OVid~~ ill subsection td) of" this
S_~~!,,':,,~:t; ~ f:Jha11,,"be' unla~fi.ll ""for' any person to
use"" any" 'city facility or service without paying the
prescribed fee or charge therefor.
(d) "NOt;:wltbstiuldlng"sUbsact:ion (c} of, this section, the
{'ity 'council ma.:yl in its discretion .. w:aive any" af the
re~s set for.th: in :t:he mpnicipal fee Eichedlf1e t.hat wo'.lld
apply :tb ,a p~ivate, prqject to construct., ~ove or
otherw'ise enhaf.ce a n~ or exist.ing public facility~
buil.d$.ng or park. A :cOnstruction or capital project
eligible for such fee "daiver mlist result in a new or
improved public facility~ building or park, or some
portion'thereof .. that will be solely owned or controlled
by'the city upon the project1a completion. In the event
that only some portiOD of a construction or capital
project will result in a new or improved city facility~
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boilding or park, or some portion ttlereof ~ then the city
council may only waive those portions of any associated
fees l cn a pro rata bas1s~ that directly relate to the
construction.. improvement or enhancemeI.;.t of the city
facilityz building or park.
+e+-<ei The finance aRe I9l::1elie .8_Ls comrni ttee rnay
review any fee in the municipal fee schedule during the
ann~al budget review process.
SECTiON :2.
ordinance is not a
Environmental Qual i ty
The City
project
Act.
Council hereby
for purpos~s of
finds
the
that this
California
SECTION 3. Thi~ ordinance shall become effecti ve upor~ t.he
commencement of the thirty-first day after the dilt~ of its pass3.ge.
INTRODUCED,
PASSED,
NOES,
ABSENT,
ABSTENTIONS,
City Clerk
APPROVED AS TO FORM,
Senior .:a.sst. Ci ty Attorney
2
APPROVED.
Mayor
City ~ager
Dir~ctor of Finance
Director of Planning and
Community Environment
Director of Public Works
Director of Conununity Services
DATE: April 2, 1992
Office (;f tile. Otj' C'Ju!'lC1l
ME .r..l 0 RAN D U t\!
TO: Our COl.:.nc~1 CO!le;:;.gues
FROM: Co:.mcil Members McCO'.Ion, Huber, (lr.J Cobb
SUBJECT: PublicjPrh'zre P<lrtne[sJ'lips <lnd Fee Waivers
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Last year, the City Council2pproved a request from the Friencs. of the Childr.en's Theatre
to waive certain City applicnri':)o/pcrm;! fees; in cOl'l:1ecr:on \dth the Ch!id'ren's TbeJ.tre
expansion. LOnCe'1l ll.'as expressed by some Counc;j ~·1em~er5 that poh)' guiddir.es ne~ded
to be developed so {hal we would not be f<lced 'oI.'ith <ld noc requests (and T!!SpOnses),
particularly given the fact LhJ.t the:;"! ty pe:; of ·pu.hIic/priv:.l1e pi.!rtr.ersh:ps~ .are something the
Cit'j \ .... ill waIH to encot,;rage in the flJ[~'re. Rece;H coaespondence from the Palo Aho
Recreation Foundation re Cubbt:'rley and pre\iiou:; cmre::sponder.ce feCi-a the Standing
Committee on the NLS (attached) illustrate.s t!le commun~fy's cor,tinued ~nteies: in thi.!.·
subject
If public/private partnerships are to be a u~ful p<lr! of our Ci!y's fu:tJ.:re, '~,'e :sho~ld LJ'to
avoid unnecessary impediments 10 people getting invol ... ·ed, whether through tteir time or
money or Do!h. lfwe can put in place.a process that fa;:ilita{e~ thes-e efforts, we might also
make them mOie Iike!y to occur.
Senior l!lanagement staff has alre:ldy begu n to discu:.s-how such public/private pan.nershi.ps
can be encouraged and fadiitaled. and It-!e City Arrorney's cff;ce has gi .... en thought to now
fee waiv:;:;s might be z-ccornmadatea thwlJgh ord~nJnce ch<Jrlges. Accordingly, we wil! move
that the Council direct sraf(to:
1. Draft policy guidelines, to be implemented in ordinar,ce form ~s appropriate,
to permit \vai .... er of City permit/application fees for projects which meet the
crjter[~ p';'esenl in tile-Chlld.en's Theatre sit'!.lution, Le., provision of private
funds/serv'lces to m:Jke capital [mproveme:nts to a City facility which will
contiilue to be owned and openlted as p~r~ of City programs; and
2. Report to Ihe City Council reg;.lI'ding other appro.CJ.ches the City might take 10
encourage and fLicilimle commur.ity conirihulion to and paniciparion in
public-private p~Jr[ner5hips. to JTj<.ilI'ltJ.;n and improve community:filcilities,
services and progr;;tn1s.
Attachment
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Council He~r Ren~el said based on the number ~! calls, it did not
seem to be a problem which required 5 ban on alcohol at El C~mino
Park. Sbe aqreed with the safety concerns raised with respect to
the skateboard facility.
KO'l'IOH 'III'1'HDJ\AIIH BY KAXn AIIIl SECONDER.
Council Member McCown said staff had been instructe~ to prepa~~ an
ordinance and return to Ccuncl1. In the future when there was an
issue where research and analys.is 'Was. required from staff to
evaluate whether to proceed in a ~ertain direction, Council should
direct staff to return 'With the staff report fit'"st and then if
COl,l,ncil believed an ordinance 'Was appropriate d.irect thelro to
proc~ed. Tha amount of time spent could have been avoided if the
policy-information 'lias presented. first rather than after the
ordinance process.
No action taken.
REPORtS OF OFFICIALS
9. Request of
(CMR:2S8:91)
Frie:lds of Children's Theater ( 1304-01)
Susan ste'Wart, 1550 Middlefield Road~ Board Member of th~ Friends
of Children's Theater l clarified the Board was justified in asking
~or a waiver of the fee because the project was different than any
other project the city had done in co~peration 'With a qroup. The
waiver vas not being asked for on behalf of the Frien~s because the
building .. as not a building for the Friends or fot'" use by the
Friends I but was a building tor the City of Palo Alto.. It 'Was
different than a prcject for the Gamble Garden.. The City would be
given a major capital improvem~nt Which would be controlled by the
City. The Friends WOuld have no interest in it. The value of the
add';: .::ion vas estimated between $500,000 to $6~O, 000. Since the
p~~ject was worth over $500,000, financed with private funds, was
~dertaken solely for the benefit of the City, and would be under
the City's full control upon completion, the fee assessed for the
project should be 'Waived. The Council should encourage their
efforts.
Carl ('ilIespie, 4142 Amaranta Court, President of Friends of the
Child::enrs Theater, conc.urred with Ms .. Stewart and ... as disappointed
in the staff report CCMR:29B~91). The City had been asked to ~aive
the fees. The organization was past the haIr-way point in the
amount of money raised, and the Friends had tried to meet the
requirements of the City. To protect the citizens' interest, they
had obtained liability insurance and were willing to work with the
City.. Many of the volunteers did not have children actively
involved in the Children's Theater. He urged the Council to
respond positively to the request that the City fees be vaived for
a major gift to Palo Alto.
5/28/91 66-227
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Patty Hoagland MCEWen~ 753 Garland Drive~ M~rnber on the Board of
Directors of the F~iends ~f the children's Theater~ had maintained
interest and slJPport ot the Children' 5 Theater for many years. The
program had expanded during that time~ but the facility was
bursting at the seams. The Friends had decided t·'J build an
addition to the Children's Theater, ~hich would enable the staff
and the program to accommodate all the child~en. The Friends have
raised approxiI:lately $400,000.. The approval process .. as started
because as new grant appl ications were sent out, it ",ould :be
important to have the City's approval and waiving of the fees
would show that support.. They understood the difficult position
the City was in 4 but the support would be appreciated by hundreds
at people4
Laura Selznick , 3451 Waverley Street, President-elect of Friends of
the Chilartl!l1:s Theater, said the City's fees connected ... ith the
approval of the plans affected the Children's Theater and would
also affect the construction of CUbberley, Which would be the only
si:l:!dlar policy that might come :before the council. The Council
.could draft a policy whjch would be narroW' enough to help the
projects the City wanted to help and support those partnerships
which would save money and enhance facilities~ The criterion for
the policy could be that the City \o'Quld own the facility when
completed# staffing and maintenance paid by the CitYJ construction
'Would be under City quid.elin-es and "Would cost over $1 million
dollars -which would be raised by the citizens, and the City would
not pay the cost of construction or the management of cO:-. .3truc"t.ion.
The City Vas the homeowner of the building and was paying zero tor
the building. She urged the Co~ncil not to focus on the bottom
lin~4
council Member McCown queried the procedure followed for work being
done on a City building4
City Manager Sill Zaner said if there were charges between funds,
the City did charqe. In addition, all projects paid the usual
overhead charges which amounted to charges bet\o'een departments,
Le., Do project done in the Public Works Department carried an
overhead which inc1udad time spent by the City Attorney,. City
Manaqer, and Finance Department.
Council Member McCown queried the prior requests to waive fees.
:Mr. Zaner said the staff supported tbe project4 His recommendation
vas based on What might happen in the future and actions in ~~e
past Which had nothing to do with the project and was a matter of
policy. There had been requests to waive fees from almost every
aqency to wbom money was qiven under community Development Block
Grant (CDBGJ for construction projects which was not qiven. He
reee.T~tly turned doW'll the request from t..~e Y4M.C.A. for red.uction C't
fees for their environme.ntal impact report~ Gamble Garden asked
for a waiver of fees on a number of items which was not given.
When the storm Drain Utility was approve~, there were a number of
orqanizations who asked for relief which was not granted. The
5/28/91 <66-228
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skating rink provided an outstanding service t.o the cOmJ:mnity and
fees have not been waive~. 1he ~aiver of tees ~&S prohibite~ by
the ballot measure; and the Council has said in order to be fai~ to
everyone in the community, a ~aiver of fges would not be alloweQ.
The City had spent enormous amounts of time on the project, and the
City Attorneyts office haQ spent ove:r 100 hours which was a
substantial investment of City !unQs. The project was excellent
and valuable f01: the community. It 'Was inappr-opriate, irrespective
of who the group might be, to .l!.dopt a policy and then -make
distinctions between community 9ro~ps and waive fees tor SODe and
not for others.
council Member McCown qlJ.eried the absence of autho~ity in the Palo
Alto Municipal Code (FAMe) tor the guicelines to fellow,. a.nd "hat
would be involved if the council wanted to make an amendment.
City Attorney Ariel Calonne said the staff CQuld come back with an
appropriation to pay the fees Qut cf reservcs~ The staff was aware
of the nee~ to develop a ~echanisD fo~ what the council has trom
time to ti~e characterized as public/private partnerships.
Council Member Cobb understood the request was unique vi th the
exception ot CUbbe~ley~ since the difterence was the City would be
the owner and operator of the faCility. Neither the City Manager
nor the city Io.ttorney addressed. that specitic di.3tinction~
P.r. Zaner said the CQnCBrn 'Was t.he ~arger policy issue. The
Y.M.C.A. collected ~oney from the community, provided a sarvice,
and assumed all the operational, maintenances and capital costs.
The city had no cost ".:. bear. The Children's Theater would be
owned by thg city and maintenance and operation vould be paid by
the City. There was not is significant distinction betveen the
project of the Friends ot Children's Theater and the 'i.M.C.A.
Service was provided by both to the community and the c~unity was
willing to pay tor it~
counci1 Member Cobb queried whe~~er it was possible to establish a
policy which could state the city cculd waive approval fees in
situations where the City acquired a substantial capital asset.
Hr. Zaner said the Ccuncil could set any policy it cho!:>e. He
concurrQd with the city Attorney and s~ggested a budget amendment
a.s the direction to follow so as not to create a w~iver policy.
Mr. Calonne ~anted to avoid hidQen subsidies for the project at the
expense of the other applicants who would be paying the fees.
council Kember Cobb queried if Council acted in the direction of
the budget amendment rather than the waiver approach, whether it
would still make sense to establish a policy for making transfers
so that qroups vithout a capital asset would not be encouraged to
ask for the same kinQ of exceptions.
5/28/91
-"........,._e' __ .... -.e ____ _
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Mr~ zaner reco:nme.nded t.he Council not adopt ,,_ policy. staff waS
looking at thP.. broad quest.ion of how to structlJre private/public
partnerships and would return to council with a set of policies and
part ot the policies would be fiscal policies. He would discourage
preelUptinq those policies. He suggest.ed the one-time budget
amendment be made~
M~yor Su~orius clarified there was a fe9 for ~he initial planning
process and queried whether there would be additional fees. It was
important to have an understanding of what a single action might
signal.
Mr. Zaner said there would be additional fees.
MOTlON: Cov.ncil Member Y.niss Il'I~ved, seconded by Fazzino, to
appropriate the amount of $2,308 from the General Fund Reserv~s for
a one-time grant for the fee required for the initial review
process recognizing that the building will be owned by th~ city. on
city land, and under the City's operatione.
council Me:nber :Kniss boelieve~ the-.re was a difference and
public/private partnerships should be encouraged. The Children's
Theater was well established in the commur.ity in add,ition to being
a public/private partn2rshjp. The waiver of the fee would be a
one-time opportunity and would not indicate it would be done in the
future.
council Member Andersen said the issue went beyond the money. The
group 'Was doing an extraordinary service for the community wt,ich
would ben~fit the public and the City~ The project was unique and
would likely be a precedent for the activities at the CUbberley
site. He sup~rted the motion. He was interested in the comments
by council Member Cobb regarding the long-ran~e issue of poliCies
vhich might need to be established for public/private partnerships.
Council Kember Levy queried if there was a City project, did the
City pay the fee tor the review process or did the City pay the
interdepartmental charges Which were incurred.
Mr. Zaner said a fee was not paid from one department to another
except when the fee was coming from the Utility Department, there
wa s a charge.
Council Member Levy clarified if the City was building the
facility, the city paid the expense$ but not th£ fee.
Mr. Zaner said that was correct.
council Member Levy supported the iJlotion. The facility represented
full ownership and control by the city upon completion. The City
Hanaqer 1 s comments would come back to council because many
worthwhile services in the city asked for a waiver of ~ees. The
concept of full ownership and control was important. The City had
spent ~illions of collars on the Children's Theater~ There WOuld
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be more tees, and the Children's Theater would come back to Council
ana ask for a waiver of fees in the future. !t was not his intent
to do that. He would wait until public/private partnership plan
and policie.s. were developed before granting any f'.lrthet 'Waivers.
Council Member Renzel said there ve~e clear distinctions between
the prcjec~ and the othe~ examples of organizations and projects.
There had been a long process of City policy -making befcre the
buildinq permit was s.ubmitted. et.her projects similar to the
Children's Theate.r vould not Doe plentifl..ll. Cubberley was a
possibility, but the extent of full ownership and cont~ol by the
cit.y "as unknown. The project had been through a nu-mber of
approval processes. Future projects would be identitied through
the needs identification 9tage before the decision to waive L~e
tees.
Vice Mayor Fazzino said the project was qualitatively different
trom the other examples cited. The facility was mos~ unique and
extrao~dinaryl and one of the most remarkable fur.drai~ing efforts
in the city to provide a service to children. The City owed it ,to
donors and fundraisers to "Waive the fees and do TJ.'hatever possible
to move the project fonrard and make it become a reality. He
encouraged a policy be drafted with respect to similar projects.
Council Member Wooliey suqqested the addition to the motion of the
words "under the direct administration of the city upon comple
tion.-
JIJUtD AIID SECOIft)EB. AGIISED TO II/CORPORATE XII'l'O Tl!E KOTXOIi TIlE
Al>Dl"TI.OII 0" "HAND DIREC!' AI»lI:NI:BTRAT:IOlf UPON CO"'PLS"'I'IO.,~' APTER
ONDER TBZ CITY'S OPeRATIONS.
council Member McCo.~ concurred with Council Member Woolley
regarding the distinction between the example.s. The City Manager's
role was to point out that the council might not be a:ble to
distinguish requests. She believed it would be better to 100k at
it as a policy ~atter and decida whether something different would
be done for other projects rather than on an ad hoc basis. She aid
net support the request.
Mr. Zaner said the wild Life Rescue group would be coming before
counci1 with a proposa1 to construct a building for the city on
City land and the price would be higher than the amount requested
by the Friends.
Council Member McCown said a policy might treat all situations in
the same way as the Children's Theater, i.e.~ the City's contribu
tion to the projects would be equal to the value of the fees which
was not done on the Gamble Gardens. The ad hoc basis was the wronQ
way to do it. -
Mayor Sutor ius said the people involved in Gamble Gardens and the
Rhona Williams' home would be w~tching the process. The process
5/28/91 66-231
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was on an ad hoc ~sis. He belie;re:d a pollcy should he set first.
He ~ould ~ot support the motio~~
Vice Mayor Fazzino believed there .. as a difference between the
Rhonda williams' house, which eight be operated by another group,
because it was not a City service or directed by City administra
tors. The project was no different than a group coming forward
with an offer to build a new facility. The City ,",ould not be
directly re~ponsible for the administration of wild Life Rescue.
He supported the motion~
council Kember Renzel supported the motion because the city would
build the facility if the money was available.
Co~cil Me~ber Cobb queried ho~ soon the fee had to be paid and
whether the fee could be set aside until the policy questions were
dealt with. He ~ould like to es~ablish a policy along the lines
discussed with appropriate constraints and descriptions.
Mr. Zaner urged the council not toO postpone the decision. The
policy issue was important but not a top priority at the time. If
the Council wanted to make the payment, he suggested not to held it
up ~or the policy issue. When the wor-k began on the Cubberley
project, there would be time to work on the policy and then return
to council.
Council Member Andersen said the appropriate time to deal with the
policy would be when staff returned to Council with recommendaticns
on the CUbberley publ":.:./pri-, =.te partnerships.
MOTION :ASSBD 7-2, McCown r Sutorius "no.-
2ECtSS: 10;00 P.M. TO 10:15 P.M.
10. Greer Park Skateboard Facility (1321-13J (CMR:265:91)
RecrEation Superint~ndent Anne Cribbs said staff had been workinq
with the skaters since February 1991. She introduced Rec~eation
Supervisor Dave Brees., who wculd be 'Wor:!<.inq ...... ith the skaters during
the next several months.
Council He1!1ber Cobb querie.d. the cost of full-time supervision for
the faci.lity.
Ms. Cribbs said the cost was $175 per day. Monday through Friday.
and $240 per day, Saturday and Sunday.
Council Member Cobb queried whether 'the equipment rental concession
would recapture &Ollle of the expenditures.
H&. Cribbs said a minimal amount o-t the expe.nditures would be
recaptured •
5/28/91 66-232
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