HomeMy WebLinkAbout2013-04-22 City Council Action Minutes
CITY OF PALO ALTO
MINUTES
1 April 22, 2013
Special Meeting
April 22, 2013
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 6:00 P.M.
Present: Berman, Burt, Holman, Klein, Kniss, Price, Scharff, Schmid,
Shepherd
Due to the fact that the meeting never adjourned to a Closed Session
Council Member Kniss did not participate in the Open Session.
ORAL COMMUNICATIONS
Stephanie Munoz spoke regarding budget cuts affecting health benefits.
Health insurance should be a right which is why the wages for health
benefits were not taxable. She felt spending the budgetary cuts from
employee’s health benefits to hire a communications person was not a
benefit to the employees.
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, CALIFORNIA
GOVERNMENT CODE SECTION 54956.8
Properties:
Cubberley Community Center, 4000 Middlefield Road, Palo Alto 94306
(including 8 acres owned by the City of Palo Alto and remaining acres
owned by the Palo Alto Unified School District); and Ventura school
site, 3990 Ventura Court, Palo Alto 94306
Agency Negotiators: James Keene, Lalo Perez, Hamid Ghaemmaghami,
Rob De Geus, Thomas Fehrenbach, Aaron Aknin, Molly Stump and one
or more of the following: Greg Scharff, Nancy Shepherd, Marc Berman,
Pat Burt, Karen Holman, Larry Klein, Liz Kniss, Gail Price, Greg Schmid
Negotiating Parties: City of Palo Alto and Palo Alto Unified School
District
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City Council Minutes
Under Negotiation: Lease and/or Purchase Price and Terms of Payment
Donna Grider, City Clerk, noted Pamela Antil, Assistance City Manager would
be participating in the negotiation team.
Herb Borock spoke regarding the Brown Act and its narrow exceptions for
Closed Session amendments. The City Clerk noted an additional negotiator,
Pamela Antil which was not reflected on the agenda. The real estate
negotiators needed to be appointed prior to the Closed Session and listed on
the printed agenda. Once a Closed Session was comprised of Staff members
for negotiations the legislative body must meet in open for negotiations. He
requested the public be notified of the amount of the lease payments made
by the City for each part of the Palo Alto Unified School District (PAUSD)
facilities they lease.
Jennifer Hetterly, Vice Chair of the Cubberley Citizens Advisory Committee
(CCAC), encouraged an open and transparent process regarding Cubberley
negotiations. There was significant concern among the residents regarding
the property. She felt it was important to communicate to the public
Council’s priorities for the site and the process for moving forward.
Sherry Furman, member of the Cubberley Citizens Advisory Committee
(CCAC), felt the Closed Session meeting was premature and providing
direction on negotiations without a public meeting on what the Cubberley
Community Advisory Committee was tasked to perform reflected negatively.
Diane Reklis, Chair of the Cubberley Citizens Advisory Committee (CCAC),
requested to postpone the Closed Session until a public meeting could be
held. She understood the actual negotiation of the lease should be in Closed
Session although the discussions and decisions prior to the Closed Session
should be in open session.
Stephanie Munoz said the City and the School Board were not in
competition. There was no ample teacher housing and they could not afford
to live in the City they work.
MOTION: Council Member Klein moved, seconded by Council Member
Holman that the Council schedule a public meeting on the issue of Cubberley
and the City’s lease negotiations with the Palo Alto Unified School District for
Monday, May 13, 2013 and continue the proposed Closed Session on
Monday, May 20, 2013.
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Council Member Klein acknowledged there had been a number of requests
received for a public meeting on Cubberley and including the requests
received from Chair Cobb and Vice Chair Hetterly of the Cubberley
Community Advisory Committee. He believed those opinions needed to be
respected. He felt a public meeting would provide the Council an opportunity
to explain the process to the community. Palo Alto was an open and
transparent community; although, there was no definition to the terms. The
Cubberley site would be a negotiation and he was unfamiliar with any type
of negotiation being performed in public. When negotiations reached the
terms of the lease options and rental amounts that was a private matter. In
speaking with Chair Cobb regarding the public meeting; he asked who would
speak or attend that had not previously.
Chair Cobb was uncertain although he felt if there was additional outreach
there may be additional public comment.
Council Member Klein stated the Council’s goal of completion for the
Cubberley agreement was December of 2013. He wanted to assure the
community that he had read the full Cubberley Community Advisory
Committee report and he was aware other colleagues had done the same
and they were prepared to make a decision. He apologized for any confusion
with respect to the legal title of the Agenda Item referencing a sale of the 8
acres. The City was not contemplating the sale of the 8 acres.
Council Member Holman acknowledged the public meeting held at the
Cubberley Community Auditorium for discussion on the matter and review of
the Cubberley Community Advisory Committee report was not heavily
attended. She looked forward to a more lively discussion at the upcoming
public meeting. She supported the Motion but had complications with the
date of May 13, 2013.
Vice Mayor Shepherd was pleased to support the Agenda Item as a public
meeting. She asked if the Cubberley Community Advisory Committee had
been disbanded.
James Keene, City Manager, stated that was correct.
Vice Mayor Shepherd understood and wanted to share with the community
that the completed report was available for viewing and it was a substantial
piece of work.
Council Member Schmid supported the Motion and was surprised a Closed
Session was scheduled prior to an open session. He believed the Council had
agreed to an open session during the Cubberley Study Session.
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He felt the public session would benefit the community as well as the Council
who may still have questions regarding demographic options or certain risks
that may be associated with different aspects. The City and School Board
would ultimately go to the community for funding to support the decision
made regarding the campus so it was critical to have a process that gained
the public’s trust and confidence.
Council Member Price stated her support for the Motion and observed there
were questions that needed answers during the open session. She asked if
there would be people in attendance to respond to questions at the public
meeting. She asked if the School Board would be performing a similar effort
with the public for their part in the Cubberley site.
Mr. Keene had no intelligence on the matter of the School Board meetings,
although Staff would be following up with the administration and respond to
the Council at a later date.
Council Member Price asked whether there would be PAUSD officials in
attendance at the Council Meeting on May 13, 2013.
Mr. Keene said Staff would be able to respond to the Cubberley Community
Advisory Committee’s recommendations; although, it would be from Staff
perspective. If Council was interested in having the previous Advisory
Committee members or the PAUSD members present on May 13, 2013 there
would need to be coordination.
Council Member Burt agreed that the next meeting on Cubberley should be
open to the public but he was interested in the discussion. Was the intent of
the discussion to be the CCAC report, or the CCAC report and a public airing
of the Council Guiding Principles of the negotiation process. He would like to
see a discussion around the guiding direction. He asked for clarification on
the Motion.
Council Member Klein stated the Motion was intended to allow the public to
have a wide ranging discussion with the Council regarding Cubberley.
Council Member Burt said his question was regarding the Council discussion
after they had heard from the public. He wanted to clarify if the intent of the
Motion was for Council to have the prerogative to go into a substantive
discussion around the general principles in the Cubberley direction as part of
that meeting.
Council Member Klein said it would be like any other Agenda Item where
Council would move or take any action that was viewed appropriate.
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MOTION PASSED: 8-0 Kniss absent
ADJOURNMENT: The meeting was adjourned at 6:35 p.m.