The Palo Alto City Council narrowly turned down on Monday night an opportunity to buy the home of former City Manager James Keene, despite arguments from three council members that the Downtown North home is both a good investment and a potential lure for future top managers.
After a robust debate, the City Council voted 4-2, with Councilwoman Liz Kniss absent, to sell the city's 66.2% share in the two-bedroom home at 335 Webster St. (Keene owns the other 33.8%). That vote followed an unusual stalemate with the council taking three separate 3-3 votes before finally getting to a majority.
Councilman Tom DuBois joined Filseth and Fine in arguing that if the city buys the two-bedroom home, it could use it for "short-term housing" available to newly hired top-level managers. He noted that the city has vacancies in numerous high-level positions, including fire chief, city auditor, utility director and chief transportation officer.
It's usually hard for the city to acquire land, DuBois said. In this case, it already owns roughly two-thirds of the asset, which makes a potential purchase more attractive, he said.
"We talk a lot about recruiting and retention." DuBois said. "That's what makes me lean toward purchasing it."
Filseth concurred and argued that the home would also constitute a good long-term investment. Even by selling the home, the city is certain to make a tidy profit. In March 2010, the city paid $1.4 million for the house, with Keene contributing $468,750 through a loan paid to him by the city. Now, staff estimates that the home can sell for $3.2 million to $4.4 million.
But Filseth suggested that the property can become even more valuable and that by selling it, the city would be losing a public asset.
"I continue to believe that in the long-run, in the Midpeninsula, even now we underestimate the value of land. ... What we're doing is selling off city land, because we own two-thirds of it," Filseth said. "We're selling an asset."
Others saw nothing wrong with that. Councilwoman Alison Cormack noted that this asset had served its intended purpose and that selling it would be perfectly appropriate.
"If I think about what the objective of this is — the objective was to provide a home for the city manager," Cormack said. "That objective has been met."
She also noted that Palo Alto has a variety of neighborhood and housing types and there's no reason to think that a future city executive would want to live in the same house as the prior one. Councilwoman Lydia Kou, a realtor, agreed and also suggested that city money could be better used to develop other properties, including two lots that the city owns on Middlefield Road.
"I'd really like to see that the funds that we have be stretched to go as far as possible," Kou said, "I've always advocated for keeping our real estate assets, however I think there are more opportunities if we did sell it and use the funds to develop land that Palo Alto has."
Cormack and Kou were joined in their dissent by Councilman Greg Tanaka, the council's chief fiscal hawk. Tanaka suggested that designating the house for future employees would constitute a "massive giveaway" to those employees, given how much the house costs.
"We should do our best to sell it and get best price," Tanaka said.
The 3-3 split was effectively a victory for Tanaka's side. The city's agreement with Keene gives him the right to sell the home, an option that he had just indicated he plans to exercise. While the agreement affords the city a chance to buy Keene's 33.2% share, the council's failure to get a majority for such a decision effectively means that the city will have to sell.
The council went back and forth, deadlocking first on Tanaka's motion to sell the property and then on DuBois' motion to buy it. It then split 3-3 on a motion to continue the discussion to April 22, which would have given Kniss the opportunity to serve as the tiebreaker. Cormack, Kou and Tanaka all voted against continuing the discussion to a future meeting.
Vice Mayor Adrian Fine initially suggested that this seems to be a good time to sell the property but later joined DuBois and Filseth in their proposal to buy it. He argued against making a decision on the property through a 3-3 vote. But Kou strongly rejected the idea of continuing the meeting to give Kniss a chance to weigh in and accused those on the other side of the debate of "playing a game."
That outcome was averted when DuBois conceded and voted with Cormack, Kou and Tanaka on the original motion to sell the city's share. But even though the council agreed to move ahead with the sale, some members are still holding out hope that some of the proceeds could help house future employees. The final motion directed staff to discuss with the council's Finance Committee the prospect of using revenues from the sale for employee housing.
Comments
Registered user
College Terrace
on Apr 9, 2019 at 10:30 am
Registered user
on Apr 9, 2019 at 10:30 am
How about we stay out of the business of getting involved with housing for our City Manager? Benest and Keene somehow convinced the City that that was necessary. I think that's an expensive perk and practice that should be retired.
Downtown North
on Apr 9, 2019 at 10:35 am
on Apr 9, 2019 at 10:35 am
Not bad. Keane gets 33% of the eventual selling price.
Working for Palo Alto City Hall at a high level = the land of a thousand perks.
Professorville
on Apr 9, 2019 at 11:11 am
on Apr 9, 2019 at 11:11 am
Palo Alto has done this before for other City officials & it's just wrong, especially when the "loan" which constitutes the employee's portion of the cost is interest-free & the employee retains use of the property for some time after leaving. there was one some years ago where the woman stayed in the house for 4 or 5 years after she no longer worked for PA.
Another Palo Alto neighborhood
on Apr 9, 2019 at 12:51 pm
on Apr 9, 2019 at 12:51 pm
Annette, I’m pretty sure the City Charter says the City Manager must live in Palo Alto. Feel free to develop a referendum to change that, but I doubt it would pass.
Old Palo Alto
on Apr 9, 2019 at 2:28 pm
on Apr 9, 2019 at 2:28 pm
Noteworthy was Adrian Fine's attempt to postpone the vote until his mentor and ally Kniss would be present. Presumably to support his position.
Kou was gentle in calling that a "game." I myself would call it typical of Fine's [portion removed] style. I do not trust his support of moneyed interests.
Crescent Park
on Apr 9, 2019 at 5:50 pm
on Apr 9, 2019 at 5:50 pm
[Post removed.]
Duveneck/St. Francis
on Apr 9, 2019 at 9:11 pm
on Apr 9, 2019 at 9:11 pm
@Read the Charter: Where? Here is the text that describes the City Manager's office - there is no mention of residing in Palo Alto that I could find...
2.08.140 Office and duties of the city manager.
(a) The office of the city manager shall be under the direction of a city manager who shall be accountable to the council. The duties of the city manager shall be as follows:
(1) To have the duties as set forth in the Charter;
(2) To have subject to his or her approval expenditures, policies, and procedures for the departments coming under control of the city manager;
(3) To sign for the city-approved contracts, agreement, and leases which do not require the signature of the mayor;
(4) To recommend to the council the sale or lease of material, equipment, property, and real estate of the city;
(5) To negotiate such contracts and leases as the council may authorize;
(6) To establish a schedule of fees and rates for all types of services performed by departments under his or her control, except for those which the city council authorizes;
(7) To recommend changes to the basic organization plan of departments under the control of the city manager, and enforce changes approved by the council;
(8) To have the authority to appoint deputies and assistants in accordance with control procedures established for that purpose and administered by the department of human resources; provided, that the appointment of the assistant city manager shall be approved by at least a majority of the council;
(9) Notwithstanding Section 2.08.040, to have the authority to delegate to the assistant city manager the direct reporting responsibility over any department head under the control of the city manager;
(10) To provide economic resources planning services for the city, as needed; and
(11) To perform such duties as may be required by the Charter or as the council may require.
(Ord. 4274 § 1 (part), 1995)
Evergreen Park
on Apr 10, 2019 at 7:22 am
on Apr 10, 2019 at 7:22 am
Why did the former city manager get to increase his share of the house over time?
Another Palo Alto neighborhood
on Apr 10, 2019 at 10:12 am
on Apr 10, 2019 at 10:12 am
Amateur.
Article IV
Sec. 2. Qualifications of city manager.
The city manager shall be the chief administrative officer of the city and shall be chosen without regard to political consideration and solely with reference to executive and administrative qualifications. The city manager shall be a citizen of the United States, but need not be a resident of the state of California or of the city at the time of appointment, but promptly thereafter shall become and thereafter remain, during his or her incumbency, an actual resident of the city. Members of the council shall not be eligible to hold the position of city manager during their terms of office or for one year after.
(Amended by amendment filed with the Secretary of State, January 21, 1992)
Mayfield
on Apr 10, 2019 at 12:06 pm
on Apr 10, 2019 at 12:06 pm
Where does it say the City has to pay for the City Manager's housing?
Barron Park
on Apr 10, 2019 at 1:28 pm
on Apr 10, 2019 at 1:28 pm
The unenforceability of the residency requirement was brought up during the discussion on Monday night and addressed by the City Attorney's Office. As a Charter city, the California Constitution prohibits residency within a city but can require residency within a reasonable and specific distance.
See: California Constitution Article XI, Section 10(b).
Another Palo Alto neighborhood
on Apr 10, 2019 at 2:48 pm
on Apr 10, 2019 at 2:48 pm
So as usual, Palo Alto is breaking the law with its charter because it suits them.
Downtown North
on Apr 10, 2019 at 2:51 pm
on Apr 10, 2019 at 2:51 pm
"... a potential lure for future top managers."
A repellent for future top managers. That structure is one of the ugliest residences in town. It looks like a cheap knockoff of the blockhouse that hosts the downtown Wells Fargo Bank.
Charleston Gardens
on Apr 10, 2019 at 11:00 pm
on Apr 10, 2019 at 11:00 pm
They make over $300,000 a year......Think about it.