(May 12, 2018, 6:05 p.m.) -- On Tuesday May 15 at 4:15 p.m., the City Council is scheduled to hold a meeting, closed to the public and the press, with the City's real property negotiator (City Manager Pat West) regarding negotiation of "lease terms" pertaining to the Community Hospital property (1720 Termino Ave.) with three agenda-listed "Negotiating Parties": (1) Fountain Health Care, LLC; (2) College Health Enterprises; and (3) AMHC.
A quick internet check by LBREPORT.com indicates:
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The item is agendized as a closed Council session, citing CA Government Code Section 54956.8 which allows the Council to meet outside of public view "prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease." (Before entering the closed session, the Council will hold an open (usually brief) public session in which it "identifies its negotiators, the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate" and allows public comment, if any.)
However, Councilman Daryl Supernaw appeared to suggest in his May 11 weekly e-mailed "newsletter" that he and the Council can hear and discuss more behind closed doors: [Supernaw May 11 newsletter text] The May 15th City Council update [on Community Hospital] we announced last week [Supernaw's May 4 newsletter indicated a May 15 study session] will actually be a closed session. Other than public comment, the proceedings will be held outside the council chamber due to the 'real estate negotiations' aspect of the item. We are anticipating a full report from City staff on potential hospital operators, our recently-hired architectural firm and State legislation.
[LBREPORT.com perspective: LBREPORT.com doesn't believe the Council can receive a "full report" outside of public view under the Brown Act's real estate-negotiation exception to open meetings. On December 27, 2011, the office of the state Attorney General -- then-under Kamala Harris (now US Senator)] -- issued Opinion No. 10-206 stressing the limited scope of what can be discussed under the Brown Act's real estate-negotiation exception to open meetings. In the public interest, LBREPORT.com cites salient portions of state Attorney General's opinion below [footnotes omitted]. ...[We] reject the argument that closed-session discussions may extend to issues that might affect the economic value of the transaction, or what might be called "the price that the local agency is willing to pay or accept." It is undoubtedly true that any number of issues might fall into this broad category -- for example, the availability of easements on the subject property, or credit worthiness of the buyer or seller, or the financial condition of the local agency itself. But we cannot agree that collateral matters of this sort fall within the meaning of the statutory exception such that they may be discussed out of public hearing. We believe that such an expansive reading of what is meant by "price" would render virtually meaningless the phrase "terms of payment," because payment terms themselves commonly affect the price that a party may be willing to pay or accept. We are not free to construe a statute in a manner that would render any words or phrases redundant.
Councilman Supernaw's Developing. Related LBREPORT.com coverage: For Now, Community Hospital Has No Sac'to Safety Net As Assembly Health Committee Chair Declines To Vote On O'Donnell Seismic Safety Delay Bill Without Seismic Plan, Gives City Some Add'l Time But Says Ball Is In City's Court
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