Guest opinions: Two views of the Allied Arts ruling Guest opinions: Two views of the Allied Arts ruling (October 05, 2005)

Council member seeks to halt 'misinformation'

By Lee Duboc

I have hesitated to comment on the recent development in the Allied Arts lawsuit saga before now as I have not had a chance to talk with the city attorney. In essence, last week an appellate court upheld an appeal of the City Council approval of the Allied Arts renovation. The neighbors demanded that an EIR be done, and the appellate court agreed.

In the wake of the decision, I want to respond to some misinformation I have seen being floated in the public. In particular a group that calls itself "Menlo Park Tomorrow" is circulating a letter filled with inaccuracies and I believe lightly veiled gloating over the economic hardships of a worthy nonprofit, the Woodside Atherton Auxiliary (WAA). This group raises funds so that critically ill children can receive medical treatment at the Packard Children's Hospital regardless of their families' ability to pay.

As for the decision as "vindication" of Menlo Park Tomorrow's perception that the so-called City Council majority of myself, Nicholas Jellins and Mayor Mickie Winkler acted inappropriately in issuing the permit to allow the WAA to operate the newly renovated Allied Arts, I would like to remind the public that council members Paul Collacchi and Chuck Kinney voted to award this permit as well.

Every part of the permit was done by a unanimous vote. In fact, this weighed heavily on the trial judge's favorable decision about a year ago. And, it was council members Collacchi and Jellins who followed up on the subcommittee appointed by then-Mayor Steve Schmidt that worked with all interested parties so that the council could have a baseline as it crafted the permit at two public meetings.

In 2003, the council led by Mayor Jellins inherited the problem, and worked on the permit when the Planning Commission voted to deny the permit on 5-0-1 vote. In frustration, the WAA took the permit issue to the council. The nonprofit was watching the aging Allied Arts facility literally crumble around them and construction costs rising by the day.

Superior Court Judge Quentin Kopp ruled in the WAA's favor (this group defended it in court and is bearing all the legal costs, not the city). The judge found that the council had been meticulous and diligent in its decision-making. And, he cited over and over again the "unanimous" vote of the council on each point. (Mayor Jellins made sure that all five of the council members -- including Messrs Collacchi and Kinney -- were in total agreement.)

The appellate court found that most of the permit was proper and the council's decision-making was sound and executed properly. The appellate justices found that only the evening events, since there were no "baselines" to compare with, have to be evaluated further.

Bottom line: Shame on some of our citizens for crowing because of some perceived political victory at the expense of a great nonprofit organization and ultimately at the expense of sick children.

Lee Duboc is a member of the Menlo Park City Council and former mayor.

Neighbors deserved to win

The Allied Arts neighbors have won a major victory in their legal challenge to the city of Menlo Park's approval of the Allied Arts Guild renovation project.

Last week the appeals court overturned the lower court's ruling that the project was proper, and has ruled that the city must vacate its approval of the zoning amendments and its decision to not require an environmental impact report and requires that the city must not issue new permits until an EIR has been prepared and approved.

Congratulations to the neighbors for persevering in this case. It is truly unfortunate that the Allied Arts Guild, which does such good work, will now suffer considerable financial losses, since they will have to pay not only their own legal fees, but also the legal fees incurred by the neighbors, which are said to be several hundred thousand dollars.

The Guild will probably also suffer financially since fund-raising events in the evening, which they pushed so hard to obtain permission to hold, will not be allowed.

The city should have never allowed this project to be approved without an adequate EIR. The Planning Commission turned down the project. The council overruled, with the present council majority of Lee Duboc, Mickie Winkler and Nicholas Jellins, as well as then council members Paul Collacchi and Chuck Kinney, all voting to approve the project. This ruling reflects a real black mark against the city and its planning department, as well as the council. Hopefully in the future, the city will refrain from approving projects without adequate environmental studies. Morris Brown Menlo Park Tomorrow Stone Pine Lane, Menlo Park

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