Rumor Page

✔ On Tuesday, October 6, the Rockhaven property was included as a topic of discussion on the City Council’s closed session agenda.  Those present in the closed session – as noted on the posted agenda – were the five members of the City Council and the listed city staff members (as “Agency negotiators attending the closed session”). Contrary to a recent KCET report, however, no other parties, or persons, were present in the closed session.

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The Ralph M. Brown Act (California’s local government open meetings law) prohibits city councils from meeting and/or directly negotiating with private parties in closed session. The “negotiating parties” – i.e. the parties the City is in discussions with - must be listed on the closed session agenda, so that the public has an understanding as to with whom the city is negotiating. In closed session related to real property negotiations, the city’s negotiators (in this case, the city staff) provide information to the council and ask for direction on whether and how to proceed with discussions.

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The KCET report indicates that the closed session was attended by the negotiating parties representing private interests: 1) Brooks Street and Lab Holdings, LLC; and 2) Drs. Timothy Pylko, Annett Ermshar, Jeff Ball and Terry Krikorian.  THIS IS INCORRECT.  THESE PARTIES WERE NOT PRESENT, AND WOULD NOT BE PERMTTED IN THE CLOSED SESSION, UNDER STATE LAW.  Again, however, the Brown Act requires that they be listed on the agenda, so that the public is aware of to whom the City is speaking.

 

At the conclusion of the October 6 closed session meeting, no reportable action was taken.