HomeMy WebLinkAbout2001-01-29 City Council Summary Minutes
Special Joint Meeting
January 29, 2001
1. Special Joint Meeting with the Palo Alto Unified School District (PAUSD) Board re Conceptual Agreement Between the City of Palo Alto and Palo Alto Unified School District to Exchange Property
SPECIAL MEETING 340
ADJOURNMENT: The meeting adjourned at 8:43 p.m. 347
01/29/01 91-339
The City Council of the City of Palo Alto met on this date in the Palo Alto Unified School District Boardroom at 7:07 p.m. PRESENT: Burch, Eakins, Fazzino, Kleinberg, Lytle, Ojakian ABSENT: Beecham, Mossar SPECIAL MEETING 1. Special Joint Meeting with the Palo Alto Unified School District (PAUSD) Board re Conceptual Agreement Between the City of Palo Alto and Palo Alto Unified School District to Exchange Property Palo Alto Unified School District (PAUSD) Board President John Tuomy welcomed everyone to the Joint PAUSD and City Council Meeting to consider a conceptual agreement between the City of Palo Alto and the PAUSD to exchange property. Council Member Kleinberg said the recommendations included the appropriate resolution of the Mayfield site agreement between Stanford University (Stanford) and the City. She would not participate in the meeting due to a conflict of interest because her husband worked for a firm that dealt with Stanford. Mr. Tuomy said the purpose of the meeting was to review the conceptual agreement. He thanked the City Manager and Superintendent of Schools for their many extra hours working on the agreement. Mayor Eakins said the agreement was a demonstration of good will. There was a long, mutually supportive relationship between the City of Palo Alto and the PAUSD.
• Presentation by School Superintendent Don Phillips and City Manager Frank Benest Superintendent of Schools Don Phillips said the size of the population of students at the middle schools exceeded the size that was appropriate educationally. Smaller middle schools were important in order to meet the educational objectives that were in place. The enrollment at Jane Lathrop Stanford Middle School was approximately 1,200 students, and the enrollment at Jordan Middle School was approximately 1,000 students. An ideal middle school was in the 600-800 student range. The PAUSD set a range of 600-900 students. Beginning discussions about a new middle school started with Stanford, the City, and the Jewish Community Center (JCC) about potential alternative school locations. The PAUSD believed the proposed recommendations in the conceptual agreement met the test. There were no easy answers and the process was complex. The value of land and its role in the community was learned about
01/29/01 91-340
during the process. The process took the PAUSD closer to a final resolution. There were steps to be taken to move the process to final closure. Final agreement between the City and the PAUSD would be required. An agreement between the JCC, the City and PAUSD was needed for obligations that were in place due to the lease agreements and the transition for the JCC to relocate into their new site. The role that Stanford played in terms of a final agreement was also recognized. The work of the PAUSD Property Committee and City Ad Hoc Committee was acknowledged. City Manager Frank Benest was pleased to join the PAUSD Superintendent in recommending the conceptual agreement to exchange property. He acknowledged the work and collaboration done by Larry Horton from Stanford, Sandy Blovad and Joe Hirsch from the JCC, and City staff members. During the committee meetings, the members worked to accomplish a number of goals including transitioning the Terman site to the PAUSD for a middle school. Additional goals including maintaining joint use of Terman Community Center (Terman) facilities such as the gym, pool, playfields, and tennis courts for the benefit of southwest Palo Alto; relocating the JCC to a permanent home; minimizing any disruption of services; and recognizing the financial needs of all the parties. The Middle School/Community Center challenge was complex due to the number of parties involved. The situation was a win-win solution because the conceptual agreement met both the education and community service needs of the Palo Alto community, the agreement was based on exchange of property, there was an emphasis on the joint use of facilities to meet community needs, the agreement anticipated a memorandum of understanding with the JCC, the PAUSD, and the City so the JCC was able to meet its needs in moving forward, and there was certainty regarding essential facilities for both the City and PAUSD. Mr. Phillips said the primary focus of the proposed conceptual agreement was the exchange of ownership of land, to take effect on September 1, 2002. The 7.9 acres of the Terman site would be exchanged for an equal amount of land at the Cubberley site. Another area of focus was on joint use agreements that encouraged the joint use of gyms, pools, fields, and other facilities at the Terman site. A long-term joint use library facility would be considered. The PAUSD would have the use of the playfields at the Terman site. An agreement between the JCC, the City, and PAUSD would be needed in order for the exchange to move forward. The PAUSD recognized that the enrollment growth at the high school might require a small high school on the Cubberley site that could impact the Foothill College program. If the PAUSD or City decided they no longer needed the land, the other party would have the right of first refusal which would keep the land in the public domain. The exchange was contingent upon Stanford providing a long-term lease to the City for a community center at the Mayfield site.
• Public Input Elaine Burns, Dean of the Middlefield Road Foothill College (Foothill) campus, 4000 Middlefield Road, said the President of
01/29/01 91-341
Foothill was in contact with the Superintendent of the PAUSD and the City Manager. Foothill was glad that the PAUSD and City came to a conceptual agreement and looked forward to continuing a long-term relationship. Foothill asked to be included in the early discussions about reclaiming the Cubberley site should the discussion occur. Warren Kallenbach, Library Advisory Commission (LAC) Member, 1248 Harriet Street, was pleased with the conceptual agreement. The LAC urged that the Terman library be on a long-term basis. The new library plan called for an expanded library at the Terman site. Mary Jean Place, LAC Member, 809 Northhampton, had concerns with Item No. 2 of the conceptual agreement: “The City will continue operating the Terman branch library as a City library until there is a long-term joint use agreement or District enrollment and program require the space occupied by the existing library to support the educational program.” Shelby Valentine, President of the Board of the Friends of the Palo Alto Library (Friends), 3116 Stelling Drive, commended the PAUSD and City in coming together to best serve the community jointly. The stated purpose of the Friends was to support Palo Alto libraries. She wanted Item No. 2 of the conceptual agreement to include assurances for the Friends’ book sales to maintain their designated space at the Terman site. The Friends was not a part of the City’s library division nor was it protected by the proposed provisions for the library branch at Terman. The book sales raised a significant amount of money for Palo Alto libraries. In fiscal year 1999-2000, the Friends’ book sales grossed more than $100,000, up 60 percent over the prior year. The program sold or recycled 98 percent of the donations. The book sale benefited more than 50 local and overseas nonprofit organizations by donating unsold books. Jack Koch, representing SOSCA, 1466 Dana Avenue, was pleased that the City and PAUSD came to closure on a solution that addressed the problems associated with shortage of school space and community center services. The conceptual agreement to exchange property helped to assure: 1) that Terman would reopen as a middle school in time for the 2003 school year and without a bond measure; 2) the City would own a comparable sized piece of property at Cubberley for nonprofit use; and 3) the Mayfield land donated by Stanford would be used as a community center leased to the JCC and other nonprofits for the good of Palo Alto residents. Some of the Mayfield land could be considered for high-density submarket housing for teachers and emergency personnel working in the City. Additional work remained on the memorandum of understanding where the City, PAUSD, and JCC needed to hammer out the final terms and conditions for cohabiting in the future years. Bob Moss, 4010 Orme Street, congratulated the City and PAUSD for the agreement. If there was a possibility that the Terman Library
01/29/01 91-342
was not going to be maintained, a proposal should be resurrected for the joint City/School library at Gunn High School (Gunn). A community group looked at potential uses of the Terman Library and agreed that a joint library at Gunn was worth looking into. The gym, pool, and playing fields were used extensively at Terman. The PAUSD was given a grant for a new gym and pool at Gunn. The time might be right to consider whether those facilities might be opened to the community. There would be a time period of two to three years where the JCC would be in temporary quarters and there would be no community center in southwest Palo Alto. The City and PAUSD should jointly provide programs and facilities in that area during the interim. Paula Collins, 110 Ely Place, thanked the PAUSD and City for their efforts with the agreement. Kate Hill, 884 Los Robles, looked forward to not having her child cross three major traffic arteries in the morning to get to school. Children should be made a high priority. She was pleased with the agreement. Larry Horton, representing Stanford University, 401 Gerona Road, congratulated the PAUSD Superintendent and City Manager for negotiating the conceptual agreement. A number of other steps needed to be completed. Item No. 8 of the agreement stated, “This exchange agreement is contingent upon Stanford University providing a long-term lease to the City for a community center on the Mayfield site.” He confirmed that Stanford would make the Mayfield site available under the terms set forward in Stanford’s letter of October 5, 2000, to former Mayor Kniss. One significant qualification of the offer was resolved. The offer contained a contingency that required satisfactory resolution of the Stanford Land Use Plan that was before Santa Clara County. That was resolved so Stanford would be accepting the County approval of the General Use Permit, and the contingency would be removed. Discussions began with the City Manager on moving forward on the Stanford offer of the Mayfield site. He expressed appreciation to all the parties involved in working through the problem. With the continued cooperation of all parties, the remaining steps of the comprehensive solution to the community problem should be completed. Former Mayor Mike Cobb commended the City and PAUSD for a step in the right direction. Cubberley Community Center (Cubberley) was more than a space for nonprofits. He coached Bobbie Sox softball for 24 years, and his league would be out of business without Cubberley. His grandchildren received childcare at Cubberley. Cubberley was a full service community center, the only one of its kind, and it served the entire community. He urged the City and PAUSD to get the agreement worked out at a level of detail to figure out how the property would maintain a partial high school and a community center.
01/29/01 91-343
Trina Lovercheck, 1070 McGregor Way, was pleased to see the agreement. The solution was not perfect to everyone but was a good compromise for all parties involved. The agreement provided for necessary educational facilities, open space, and the JCC. Joe Hirsch, member, Board of Directors, Jewish Community Center, 4149 Georgia Avenue, said the conceptual agreement was a creative, promising step in the right direction toward resolving a complex situation. He was generally positive about what was being proposed but found it fell short in meeting the JCC's needs in two major particulars. The JCC had a long-term lease with the City for the six acres at Terman, and the JCC would be happy to remain there for the remainder of its lease. Members of the JCC met repeatedly with representatives of the City, PAUSD, and Stanford in a good faith effort to find a mutually satisfactory resolution to the PAUSD’s needs. The current proposed agreement did not address the needs of the JCC because it was an agreement only between the City and PAUSD. The JCC would have preferred that the agreement was between four parties: the City, PAUSD, Stanford, and JCC. The JCC’s greatest concern was that there was no way for the JCC to relocate from the Terman site by September 1, 2002. The JCC could not agree to leave Terman, assuming all other issues were satisfactorily resolved, until the JCC had absolute legal certainty that if the JCC went to an interim location, the JCC would have a new home to go to without question. The optimistic timeline developed by City staff showed that the City review process could not be completed until mid-June 2002. That did not take into account that the City needed to go through a similar review of Stanford’s second condition upon which Stanford’s offer of the Mayfield site was based upon development rights created in the research park equivalent to the amount of development that was placed on the Mayfield site. Sandy Blovad told Superintendent Phillips that the JCC could only leave the Terman site assuming it would be at the beginning of the school year. The early childhood education and afterschool program registrations were in January and February. The JCC needed six months after that date to plan and effectively implement the move of the JCC’s schools to a new location and to be sure that the new facilities met State regulations. Any relocation by the JCC to an interim location would cause a major disruption in the services JCC provided. The relocation site considered by the City, PAUSD, and the JCC did not have all the facilities needed for the JCC’s fitness program. The JCC would have to be on more than one site which would have a major impact on the organization, including the possible reduction of membership and income. The JCC was prepared to relocate to an interim site if all the Mayfield entitlements were in place and appeal periods expired without challenges made. Chris Kelly, 435 Sheridan Avenue, #208, said the agreement established a strong framework for a final agreement and memorandum of understanding to move forward. The agreement recognized the right contingencies toward moving to the agreement and the need for certainty on the part of the JCC, PAUSD, and City. In a land-
01/29/01 91-344
constrained community, a number of different issues were faced. The allowance of a possible small high school at the Cubberley site was exciting as well as the continuing education offerings by Foothill College. Joy Ogawa, 2305 Yale Street, was concerned with Stanford’s offer being contingent upon the terms set forth in Stanford’s letter to Mayor Kniss. One of the terms was the 100,000 square feet of office/commercial development. The Mayfield site was presently zoned for housing. There was a great need for housing, and the Mayfield site could potentially hold 35 units of 1,000 square feet each. Impacts on the neighborhood from additional office/commercial development were a concern. Elizabeth Allyn, 4186 Willmar Drive, said the agreement was well thought out. She pleaded to keep the PAUSD lands for school uses. Placing housing on school district lands was a temptation, but an effort should be made to put housing elsewhere.
• Questions and Discussions by City Council and PAUSD Board PAUSD Board Member Cathy Kroymann said it was almost one year since she first brought the issue to the City Council. The proposal at the time was for a land swap with a different parcel of land. Stanford’s offer for the Mayfield site was appreciated. The conceptual agreement represented a major step in moving forward. PAUSD Board Member John Barton thanked Stanford University President John Hennessy and former Mayor Liz Kniss whose hard work brought forward the Mayfield site in the agreement. The agreement did so many things, such as provide a middle school and some certainty about the use of Cubberley and City community services. The City would end up with a middle school, a potential high school, and two community centers without any tax dollars having been spent. PAUSD Board Member Mandy Lowell thanked everyone who made the agreement possible. She was pleased that people were willing to be creative and hoped that the Memorandum of Understanding would move forward as soon as possible. Urgency was a focus. PAUSD Board Member Gail Price concurred by all the comments made by her colleagues and was delighted by the community solution for a community dilemma. Both the provision of community services and the commitment to educational needs and services in the community were highly valued elements of the Palo Alto community. The conceptual agreement was well crafted and provided flexibility, gave the district opportunity for additional future educational facilities, and provided community service space for the City. She encouraged the stakeholders to maintain a commitment of having an outcome where everyone felt they gained something.
01/29/01 91-345
• Action by the PAUSD Board to Approve the Conceptual Agreement Between the City of Palo Alto and PAUSD to Exchange Property MOTION: Board Member Kroymann moved, seconded by Barton, to approve in concept the Conceptual Agreement for a Property Exchange and authorizes the two chief executives to negotiate a final agreement. MOTION PASSED 5-0.
• Action by the City Council to Approve the Conceptual Agreement Between the City of Palo Alto and PAUSD to Exchange Property Council Member Fazzino said lingering issues would be resolved, particularly those with respect to the relocation of the JCC. The agreement was a wonderful example of cooperation and consistent with a long history of collaboration among the jurisdictions. Each of the jurisdictions would benefit from the agreement. He could not recall an agreement where all the parties received such an equal number and value of benefits as a result of a settlement. The agreement allowed for reopening of schools, the possibility of new schools, retaining the JCC, keeping community centers and libraries open, and retaining open space. He thanked the PAUSD Board Members And City Council members for looking beyond artificial boundaries and focusing on the benefits of the community as a whole, and the public for being positive and encouraging to the PAUSD and Council to focus on the broader objectives and interests, Stanford for its willingness to provide the Mayfield site on favorable terms, and the PAUSD Superintendent and City Manager for their leadership. Council Member Lytle agreed with Council Member Fazzino’s comments. She was proud of all that was accomplished and the effort of staff and the community. Council Member Burch agreed with former mayor Mike Cobb that Cubberley was a prize, and the City had an ability to put resources into it to make it the jewel it could be. Vice Mayor Ojakian thanked the PAUSD Superintendent and the City Manager for their hard work. The community would be better off with the action being taken on the agreement. Mayor Eakins expressed appreciation to the PAUSD Superintendent, the City Manager, and their staffs. She thanked the community for staying tuned, positive, and supportive during the process. MOTION: Council Member Fazzino moved, seconded by Lytle, to approve in concept the Conceptual Agreement for a Property Exchange and authorizes the two chief executives to negotiate a final agreement. MOTION PASSED 5-0, Kleinberg “not participating,” Beecham, Mossar absent. 01/29/01 91-346
Mr. Tuomy appreciated the fact that Stanford understood the PAUSD’s needs. The willingness of the City Council to see the PAUSD’s needs was appreciated. Cubberley was a jewel and an asset, and he would like to see a beautiful community center. The compromise worked for everyone involved. ADJOURNMENT: The meeting adjourned at 8:43 p.m. ATTEST: APPROVED:
City Clerk Mayor NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Sections 2.04.180(a) and (b). The City Council and Standing Committee meeting tapes are made solely for the purpose of facilitating the preparation of the minutes of the meetings. City Council and Standing Committee meeting tapes are recycled 90 days from the date of the meeting. The tapes are available for members of the public to listen to during regular office hours.
01/29/01 91-347