By LEE JUILLERAT For the Herald and News on Aug 24, 2018
Klamath Falls, OR— Setting history straight on the Japanese Interment camp (Part Five)
29. The Committee’s CEQA attorney spoke with the City’s sale negotiator, Mr. Colantuono, on July 13. The Committee’s CEQA attorney emailed a letter on July 26, 2018, that offered the $40,000 and addressed other issues.
"The Committee’s CEQA attorney spoke with the City’s sale negotiator, Mr. Colantuono, on July 13."
*(Four days before the scheduled July 17, 2018 Regular Tulelake City Council meeting.)
Below is the Agenda and Minutes for the Tuesday, July 17, 2018 @5:30 PM for the City Council Meeting in the Tulelake City Hall Council Chambers. Located at 591 Main Street, Tulelake, CA., 96134.
*Mayor Ebinger tabled three items for the July 31, 2018 meeting. It was seconded by Council Member Velador. Motion carried. (Motion 18-125)*
"The Committee’s CEQA attorney emailed a letter on July 26, 2018, that offered the $40,000 and addressed other issues." *(Five days before the July 31, 2018 Special and Regular Tulelake City Council meetings.)
30. The Committee telephoned and sent the City a request form on July 25 asking to be placed
on the July 31 Agenda to present and discuss its offer to purchase the airport. However, the Committee’s
request to be included on the 4:15 PM Agenda was described as “not … appropriate” by the City Hall
Administrator, Jenny Coelho, who explained that the City would not discuss the airport sale before the
5:30 meeting. Her emailed response to the Committee is quoted below with emphasis added:
“It will not be necessary or appropriate to separately agendize your proposal for that sale. You will have opportunity to speak in the hearing. If you have a proposal to present, you may wish to submit it in writing to our attorney, Mr. Colanuono, in advance of the meeting to ensure the Council and its legal counsel are able to review it fully.
“There will be a special meeting at 4:15 pm before the regular meeting at 5:30 pm for which the possible sale is noticed. If so, that meeting will be limited to a closed session. While public comment before the closed session will of course be welcome no public discussion of the airport sale by the City Council will be appropriate earlier than the time of which the City has given published notice of 5:30 pm.”
"The Committee telephoned and sent the City a request form on July 25 asking to be placed on the July 31 Agenda to present and discuss its offer to purchase the airport. *(Six days before the July 31, 2018 Special and Regular Tulelake City Council meetings.)
On July 25, 2018 a request form was received from the "Tule Lake Committee" asking to be placed on the July 31, 2018 Agenda to present and discuss its offer to purchase the airport.
In order to achieve this objective, governmental bodies subject to the requirements of the Brown Act must provide public notice of their meetings, post agendas of the subjects to be discussed at those meetings, and provide public access to those meetings. Public notice of every meeting subject to the Brown Act is required, and access is mandatory unless the meeting is held in closed session under a specific exception contained in the Act.
Jenny Coelho: “It will not be necessary or appropriate to separately agendize your proposal for that sale. You will have opportunity to speak in the hearing. If you have a proposal to present, you may wish to submit it in writing to our attorney, Mr. Colanuono, in advance of the meeting to ensure the Council and its legal counsel are able to review it fully.
V. When may the public be excluded?
The public may not be excluded from a meeting, except as expressly authorized by the Brown Act.
A public body may exclude the public from meetings, holding what are called “closed sessions” or “executive sessions,” in the following circumstances:
(2) to with its negotiator to grant authority regarding the price and terms of payment for the purchase, sale, exchange, or lease of real property;
A. Meetings with a body’s negotiator prior to the purchase, sale, exchange or lease of real property in order to grant authority to the negotiator regarding the price and terms of payment.
*The closed session notice should state the address of the property, the identity of the negotiator, and whether the instruction will concern price, payment terms, or both.
*Prior to the closed session, the public body must hold an open and 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.
Jenny Coelho: “There will be a special meeting at 4:15 pm before the regular meeting at 5:30 pm for which the possible sale is noticed. If so, that meeting will be limited to a closed session. While public comment before the closed session will of course be welcome no public discussion of the airport sale by the City Council will be appropriate earlier than the time of which the City has given published notice of 5:30 pm.”
"However, the Committee’s request to be included on the 4:15 PM Agenda was described as “not … appropriate” by the City Hall Administrator, Jenny Coelho, who explained that the City would not discuss the airport sale before the 5:30 meeting."
54956.8. Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator 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.
However, prior to the closed session, the legislative body of the local agency shall hold an open and 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.
Below is the Agenda and Minutes for the Tuesday, July 31, 2018 Special Meeting @4:15 PM for the City Council Meeting in the Tulelake City Hall Council Chambers. Located at 591 Main Street, Tulelake, CA., 96134.
Below is the Agenda and Minutes for the Tuesday, July 31, 2018 the Regular Meeting @5:30 PM for the City Council Meeting in the Tulelake City Hall Council Chambers. Located at 591 Main Street, Tulelake, CA., 96134.
*A request to be placed on the agenda is a “request” but as long as the request is reasonable and clearly states the intention of what is wished to be addressed to Council, the request is then placed on the agenda.
31. The 4:15 PM Agenda contained an item 5: “Conference with Real Property Negotiator(s) for the possible transfer of the Tulelake Airport.” The negotiating parties were listed as “Modoc Tribe of Oklahoma; Tule Lake Committee; County of Modoc.” The administrator’s communication chilled the Committee from participating in this closed meeting where the City Council was to discuss the “terms and price” of the airport sale.
The 4:15 PM Agenda contained an item 5: “Conference with Real Property Negotiator(s) for the possible transfer of the Tulelake Airport.” The negotiating parties were listed as “Modoc Tribe of Oklahoma; Tule Lake Committee; County of Modoc.” (See Special Agenda July 31, 2018 )
The administrator’s communication chilled the Committee from participating in this closed meeting where the City Council was to discuss the “terms and price” of the airport sale.
Apparently, the chilled administrator’s communication did not stop the "Tule Lake Committee" from participating by making an offer and where at the same time a verbal offer from Modoc County was thoroughly discussed as well during the executive session.
Par for the course by others to blame others for their own short comings and then make excuses along the way. And when they don't get their way, they sue and then go so far as to offer to withdraw their lawsuit over the proposed fence, if their bid is accepted.
The "Tule Lake Committee" wanted to be given special consideration that the Modoc Tribe and the County of Modoc were not given by being placed on the agenda to make their offer as an agenda item as well. When those negotiations were being negotiated in a closed door meeting. There was a public hearing already scheduled on the agenda with that purpose in mind. Where the "Tule Lake Committee" seemed to want to be given special treatment that the Modoc Tribe and the County of Modoc did not get.
Hence: It was a public meeting where all who wished to speak on the matter would have the same opportunity to speak and be heard. It was a way to avoid any sort of misconstrued favoritism towards anyone in particular being given any special treatment over anyone else such as the Modoc Tribe or the County of Modoc or anyone else who might have had an interest in the sale of the Tulelake Municipal Airport.
Related Links: 1. Setting history straight on the Japanese Interment camp
3. Modoc Tribe of Oklahoma agreed to purchase Tulelake Airport from the City of Tulelake at a set price
4. Tule Lake Committee wants to protect a latrine that no longer exist (Part One) UPDATED
5. Tule Lake Committee restraining order DENIED without prejudice to renewal
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