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Agenda packet

Palo Alto City Council
October 7, 2024

Document
Agenda packet
Meeting
October 7, 2024
Body
Palo Alto City Council
Pages
6
Original file
21.6 MB
Text extracted from the city's file for reading and search. Open the original on cityofpaloalto.primegov.com. That file is the official record.

Percent
of Portfolio
Par Value
August 1, 2024 - August 31, 2024
Activity Report
City of Palo Alto
CUSIP Investment # Issuer
Purchases or
Deposits
Redemptions or
Withdrawals
Safekeeper: Union Bank of California
Supranationals (World Bank) Bonds
26,500,000.00 26,500,000.00Subtotal and Balance

0.00 11,385,000.00332,725,833.13 321,340,833.1355.296%Safekeeper Subtotal Safekeeper: U.S. Bank
Negotiable Certificates of Deposits
Workers Fed Credit Union2749 NCD 0.005.100 08/14/2024 249,000.0098138MAX8 Machias Savings Bank2819 NCD 0.004.600 08/09/2024 249,000.00554479EK7 Wahoo State Bank2894 NCD 0.005.000 08/15/2024 249,000.00930584AC1 Bridgewater Bank Bloom MN2900 NCD 0.005.000 08/26/2024 249,000.00108622NQ0 Bankwell Bank2908 NCD 0.005.200 08/24/2024 249,000.0006654BFE6 First Capital Bank3005 NCD 0.005.150 08/15/2024 249,000.0031944ACD1 Southern States Bank3014 NCD 0.005.100 08/22/2024 249,000.00843879FP7 1,743,000.0031,872,000.00 30,129,000.00Subtotal and Balance 0.00 Corporate Medium Term Bonds
12,530,000.00 12,530,000.00Subtotal and Balance
Federal Agency Bonds
Federal Farm Credit Bank .2884 Call 0.005.800 08/21/2024 1,000,000.003133EPHA6 Federal Farm Credit Bank .2887 Call 0.005.800 08/21/2024 1,000,000.003133EPHA6 Federal Farm Credit Bank .2888 Call 0.006.080 08/08/2024 2,000,000.003133EPHJ7 Federal Home Loan Bank2902 Call 0.006.000 08/21/2024 32,258.073130AVYF3 Federal Home Loan Bank2980 Call 0.006.000 08/15/2024 1,000,000.003130AYYH3 5,032,258.0735,204,594.59 30,172,336.52Subtotal and Balance 0.00 Treasury Securities (Notes)
2,500,000.00 2,500,000.00Subtotal and Balance
Municipal Bonds
San Mateo Foster City SCH Dist2591 MUN 0.006.000 08/01/2024 375,000.00799055ME5 Foothill-De Anza Comm Clg Dist2699 MUN 0.000.575 08/01/2024 1,230,000.00345102PF8 City of Los Angeles Fin Author2947 MUN 0.007.488 08/01/2024 75,000.0054473ENT7 Upper Santa Clara Valley Water2982 MUN 0.000.827 08/01/2024 415,000.00916544ET2 2,095,000.00135,000,908.30 132,905,908.30Subtotal and Balance 0.00 Portfolio CPA
AP
Run Date: 09/02/2024 - 21:49 DA (PRF_DA) 7.3.11
Report Ver. 7.3.11
Docusign Envelope ID: 16047D34-49BA-4D30-8166-3931DB63266A Item 19
Attachment A - 2024 08 (August)
Monthly Investment Activity Report

Item 19: Staff Report
Pg.
4 Packet Pg. 269 of 276

Current
Rate
Transaction
Date Balance
Beginning
Balance
Ending
Par Value

Page 3 ends

Percent
of Portfolio
Par Value
August 1, 2024 - August 31, 2024
Activity Report
City of Palo Alto
CUSIP Investment # Issuer
Purchases or
Deposits
Redemptions or
Withdrawals
Safekeeper: U.S. Bank
Supranationals (World Bank) Bonds
23,500,000.00 23,500,000.00Subtotal and Balance

0.00 8,870,258.07240,607,502.89 231,737,244.8239.877%Safekeeper Subtotal Safekeeper: Not applicable - Cash/Managed Pool Accounts LAIF & Fidelity Cash Accounts
Fidelity Investments158 6,145,428.365.150 0.00SYS158
Local Agency Investment Fund159 24,100,000.004.600 19,200,000.00SYS159 19,200,000.0017,000,950.43 28,046,378.79Subtotal and Balance 30,245,428.36 30,245,428.36 19,200,000.0017,000,950.43 28,046,378.794.826%Safekeeper Subtotal 590,334,286.45 581,124,456.74Total 39,455,258.0730,245,428.36100.000% Portfolio CPA
AP
Run Date: 09/02/2024 - 21:49 DA (PRF_DA) 7.3.11
Report Ver. 7.3.11
Docusign Envelope ID: 16047D34-49BA-4D30-8166-3931DB63266A Item 19
Attachment A - 2024 08 (August)
Monthly Investment Activity Report

Item 19: Staff Report
Pg.
5 Packet Pg. 270 of 276

City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: October 7, 2024
Report #:2409-3500
TITLE
Authorize Execution of a Memorandum of Understanding with the Palo Alto Unified School District for the Purchase and Lease of Land at 4000 Middlefield Road, Informally Known as the Cubberley Site; CEQA Status– Not a Project

RECOMMENDATION
Staff recommends the City Council authorize the City Manager to execute a Memorandum of Understanding with the Palo Alto Unified School District (PAUSD or District) for the purchase and lease of land at 4000 Middlefield Road, informally known as the Cubberley site and direct staff to proceed with next steps including but not limited to resumption of master planning for the Cubberley site and undertaking the development of formal agreements including a new lease agreement and a purchase and sale agreement.

EXECUTIVE SUMMARY
City and PAUSD officials have successfully concluded negotiations with a joint plan that seeks to advance both school improvements and a vibrant community center at Cubberley for all Palo Alto residents. Adoption of staff’s recommendations contained in this report initiates the steps necessary for the purchase and lease of Cubberley, master planning and site development to accomplish the goals outlined by the City Council on behalf of the Palo Alto community.

Adoption of this Council item endorses key terms for the City of Palo Alto and Palo Alto Unified School District (District) to pursue the redevelopment and improvement of Cubberley and District schools and facilities, resulting in the purchase of seven (7) acres of land ($65.5 million), development of a community center, and improvement of schools through a ballot measure before voters in November 2026.

In the interim, the City will enter into a new five-year lease continuing current use of the property, including the playing fields and parking lots. The City will pay the District $2 million a year as long as the District uses a portion of the property, and $2.5 million a year when the District is no longer Item AA1
Item AA1 Staff Report

Item AA1: Staff Report
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using the property. The City will assume responsibility for maintenance and associated costs for all areas not used by the District.

This work reflects and acknowledges the dedication of many over the years to mark this milestone, demonstrating both City and School District alignment on the future of the Cubberley site. It also supports the Council’s 2024 Priority of Community Health, Safety, Wellness and Belonging and responds to community feedback requesting a plan for the future of Cubberley.

BACKGROUND
The 35-acre Cubberley site, located at 4000 Middlefield Road in Palo Alto, operated as a public high school from 1956 - 1979 – Cubberley High School. Beginning in the late 1980’s, the City began leasing portions of the facilities at the site and today, the City operates Cubberley as a community center, using some of the space for classes and activities in arts, culture and athletics, and sub-leasing additional space at City-subsidized rates to various non-profit and community- serving groups. The current lease agreement expires December 2024.

Today, the City owns eight (8) acres of the 35-acre site. PAUSD owns the remaining 27 acres, most of which are leased to the City. There are currently 23 tenants and 24 artists leasing space at Cubberley from the City, and dozens of groups renting the theater, pavilion, classrooms, and athletic fields from the City. Combined, these groups provide the community with programs that support health and wellness, childcare, education, and visual and performing arts. The District uses space for educational purposes and staff offices and has leases with some third-party tenants. The parking lot in the southeast corner of the property houses portable trailers as a temporary site for the Hoover Elementary School during construction at Hoover.

ANALYSIS
In 2023, the PAUSD Board initiated discussions with a letter inviting the City to make an offer to purchase additional acres at Cubberley. Both parties proceeded by creating Ad Hoc committees.

The City’s Ad Hoc committee included Council Members Julie Lythcott-Haims (Chair), Pat Burt and Lydia Kou. Their counterparts from the PAUSD Board were Trustees Jennifer DiBrienza (Chair) and Shounak Dharap. The Ad Hoc committees met jointly over the course of 10 months including once with a mediator before agreeing on terms.

Both the City Council and District Board met separately in closed sessions in late September in advance of considering the recommended Memorandum of Understanding in public session. The Memorandum of Understanding (MOU) outlines key terms and conditions for the purchase and lease of property at the site and can be found in Attachment A. A site map of Cubberley property lines can be found in Attachment B.

Upon approval of the MOU, the City and District will develop formal agreements such as a purchase and sale agreement and lease agreement to implement the intentions described in the Item AA1
Item AA1 Staff Report

Item AA1: Staff Report
Pg.
2 Packet Pg. 272 of 276

MOU. The Community Services Department will reinitiate master planning for the site, building on work completed in 2019 with Concordia. Making the 2026 ballot will require an expedient process to identify which elements of the Cubberley Concept Plan remain relevant while re- engaging the community to build on the previous work and complete the appropriate level of CEQA analysis.

FISCAL/RESOURCE IMPACT
Approval of this MOU commits the City to the purchase a 7-acre portion of District-owned land at 4000 Middlefield Road contingent on voter approval of a bond measure in 2026, and extend the lease of facilities. Funding will be needed to advance next steps including a master planning process for the site, needed reviews such as CEQA, drafting of formal agreements, and preparation for the November 2026 ballot measure. Funding has been reserved in the FY 2025 Adopted Budget for real property acquisition to support these next steps.

STAKEHOLDER ENGAGEMENT
The District and City have worked to reach agreement between parties both in open session meetings and in closed session meetings allowing for opportunities for public comment.

Engagement with the community will occur through development of a plan for the community center in preparation for the November 2026 ballot. A workplan reflecting an expedient process will be developed in order to successfully reach the November 2026 election.

ENVIRONMENTAL REVIEW
Entering a Memorandum of Understanding is not a Project as defined by the California Environmental Quality Act (CEQA). The City will need to complete the appropriate level of CEQA analysis and documentation prior to adopting a new concept plan expected to be complete prior to placement on the November 2026 ballot.

ATTACHMENTS
Attachment A: MOU with PAUSD for Cubberley Site Purchase and Lease Attachment B: Site Map of Cubberley Property Lines
APPROVED BY:

Ed Shikada, City Manager
Item AA1
Item AA1 Staff Report

Item AA1: Staff Report
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3 Packet Pg. 273 of 276

MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) sets forth the mutual understanding of the City and District regarding a series of steps each will take in a collaborative effort to pursue the redevelopment and improvement of Cubberley and District schools. The City of Palo Alto (City) intends to purchase 7 acres of Cubberley Community Center (Cubberley) from the Palo Alto Unified School District (District) in 2027, contingent on November 2026 voter approval of a City- sponsored bond to fund acquisition and development of the Cubberley site. The District intends to use the proceeds of the sale to develop and improve schools throughout Palo Alto. Prior to the 2026 election, the City and the District will each develop their respective conceptual plans for use of voter-approved bond proceeds, with the intention of jointly communicating to the public the City and District improvements that will be enabled by the bond. Dates identified reflect estimated schedules and parties will work to meet them or as soon thereafter as possible.

Subject to approval by the Palo Alto City Council and the Board of Education of the Palo Alto Unified School District, the City and District propose to undertake developing formal agreements such as a purchase and sale agreement and lease agreement as needed to implement the intentions described in the below sale and lease term sheet. A lease extension will reflect final details on areas currently occupied by the District and to be leased by the City once the District discontinues use. The lease will also ensure resolution of disputed responsibility for maintenance costs in years prior to December 2024.

Cubberley Sale and Lease Term Sheet

1.Sale Terms: In 2027, contingent on voter approval of a bond measure in 2026, the City will purchase 7 acres from the District at the price of $65.5 million. This includes the area currently developed with permanent buildings.
a. The purchase price reflects a current (2024) valuation of $60.65 million, escalated by 2.6% per year over 3 years for purchase in 2027.
b. By March 30, 2026, the City will develop a plan for a new community center and related uses on the site.
c. By March 30, 2026, the District will develop a plan for the use of sale proceeds for the improvement of Palo Alto schools.
d. The City and District will coordinate planning for citywide outreach on the goals and plans in support of the proposed sale.
e. With a successful bond election, the City will transmit sale proceeds to the District by July 1, 2027. If the bond measure is not placed on the 2026 ballot or is not approved, the proposed sale will not occur.

2.Lease Extension: By January 1, 2025, the City and District will execute a five-year lease of the property based on the following terms:

Item AA1
Attachment A - MOU with
PAUSD for Cubberley Site
Purchase and Lease

Item AA1: Staff Report
Pg.
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a. The City will lease all District property at the site (not used by the School District) for $2.0 million per year and assume all responsibility for maintenance and associated costs for both leased and common areas.
b. Upon the District’s discontinued use of its property at the site (except access to Greendell and associated parking), the lease price will increase to $2.5 million per year.
c. In recognition of disputed responsibility for maintenance costs, the School District will credit the City $1.0 million in rent payments in FY 2027.

3. Subsequent Actions, if necessary:
a. Should the bond measure not be placed on the ballot or fail to pass, all leases and obligations will terminate on June 30, 2027. Prior to the termination date, the parties will meet and discuss alternative plans, which could include extending the termination date of the lease or entering a new lease for a portion of the District’s property.
b. If determined advantageous through the planning efforts of either party, by mutual agreement the parties may modify the property line between their properties and other site arrangements.

This MOU is not intended to be, and does not constitute, a binding agreement by the City and the District, nor an agreement by the City and the District to enter into a binding agreement. Nor does this MOU establish a legal partnership or any other legal relationship. This MOU reflects the present understanding of the City and District and a desire by both to develop, respectively, plans for school improvements and a community center, and to collaborate in placing a bond measure before the voters to fund the school improvements and a community center. Neither the City nor the District may claim any legal rights against the other by reason of the signing of this memorandum of understanding or by taking any action in reliance hereon, and each party fully understands that neither party will have any legal obligations to the other, or with respect to the proposed activities in this MOU.

The City and the District look forward to this joint effort to develop and improve school and community facilities throughout Palo Alto for the benefit of the entire community. The signatures below indicate our shared understanding and commitment to collaborate to advance the goals described in this MOU.

Ed Shikada Don Austin
City Manager, City of Palo Alto Superintendent, Palo Alto Unified School District
Item AA1
Attachment A - MOU with
PAUSD for Cubberley Site
Purchase and Lease

Item AA1: Staff Report
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Item AA1
Attachment B - Site Map of
Cubberley Property Lines

Item AA1: Staff Report
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