Atherton: New rules, old rules? Charity concert at councilman's house raises questions Atherton: New rules, old rules? Charity concert at councilman's house raises questions (August 17, 2005)

By Andrea Gemmet

Almanac Staff Writer

Atherton Councilman Charles Marsala nearly ran afoul of the town's special events ordinance when he hosted a fundraiser concert in his backyard on Saturday, August 13.

Lou and Marguerette Paponis, who live adjacent to Mr. Marsala's Emilie Avenue home, learned of the "HOPE on Fire" concert sponsored by Heart of Silicon Valley after reading about it in last week's issue of the Almanac. The concert benefited the Support Network for Battered Women.

Ms. Paponis said she called town staff and learned that no permit had been issued for the event, which was expected to draw between 200 and 300 people.

In a letter to the Almanac, she complained that Mr. Marsala did not follow town rules, which would have required him to apply for a permit 60 days in advance and notify property owners within 500 feet.

Mr. Marsala said he thought the newest version of the special events ordinance, which exempts one-day only events held on private property, had already gone into effect.

At the July 20 City Council meeting, a revised special events ordinance recommended by the town's General Plan Committee was introduced. However, the changes to the ordinance do not go into effect until 30 days after the council votes a second time. The so-called "second read" of the ordinance is set for the September 21 meeting.

"I really thought that when we voted on it, it was in place," Mr. Marsala said.

After being notified that he needed a permit, Mr. Marsala applied, paid the $75 fee and was granted a permit in time for the Saturday concert, said Atherton City Manager Jim Robinson.

He supplied a certificate of insurance, a plan for managing traffic and parking, and an estimate of number of attendees, Mr. Robinson said.

"We treated Mr. Marsala as we would have treated any other resident coming in," he said.

Although the ordinance calls for 60 days' notice, residents often don't realize that they need a permit and have applied for, and received, permits on shorter notice, Mr. Robinson said.

Neither town staff nor the police department received any complaints about the event, he said.

Because of the short notice, Mr. Robinson said Mr. Marsala agreed to personally notify his neighbors about the event. According to Mr. Marsala, there are no more than nine homes within 500 feet of his property, and two of them are currently under construction. He said he walked the neighborhood and dropped off fliers about the event as well as complimentary tickets.

Ms. Paponis said she was not notified, and neither was another neighbor. "There was no warning as far as I know," she said.

Under current rules, private parties on private property do not require permits, but fundraisers, auctions, concerts or house tours open to the general public do. Under the proposed new rules, such events would only require a permit if they occur for two or more consecutive days.

Events at country clubs, such as the Charity Horse Show at the Circus Club, and school events, will remain exempt.

Mr. Marsala said the existing rules are overly strict and unclear, which is why the General Plan Committee recommended changing them.

"People should be able to have a party at their house without needing a permit," he said. "If somebody had a party at their house to get the parcel tax passed, that would've been a violation. It's very difficult to distinguish."

Mr. Marsala said he hopes that the relationship between himself and the Paponises, who had been regular guests at his parties, can be mended.

Ironically, the Almanac article that alerted town officials and neighbors about the event may have contributed to the large number of people who attended. According to Mr. Marsala, only 100 tickets had been sold before the article appeared. After it ran, another 150 people bought tickets, he said.

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