HomeMy WebLinkAboutRESO 101571
107_20240410_ts24
Resolution No. 10157
Resolution of Intention of the Council of the City of Palo Alto to Call
an Election to Submit the Question of Discontinuance of a Portion of
El Camino Park as Dedicated Parkland and Setting June 10, 2024 for a
Public Hearing for Protests
R E C I T A L S
A.The area known as El Camino Park is dedicated for park, playground, recreation, or
conservation purposes, as codified at Palo Alto Municipal Code (PAMC) section 22.08.230. A
legal description of El Camino Park is codified as Exhibit A-19 to PAMC Title 22 and is attached
as Exhibit A to this resolution.
B.Article VIII of the Charter of the City of Palo Alto requires that “[n]o land heretofore or
hereafter dedicated for such purposes shall be sold or otherwise disposed of, nor shall its use
be abandoned or discontinued except pursuant to majority vote of the electorate. Any
election and related procedures under Article VIII shall conform to the provisions set forth in
general law as it existed January 1, 1965, except that the council may call such election by
majority vote.” The Charter includes the “provisions set forth in general law” in Appendix A
to the Charter of the City of Palo Alto.
C.The City intends to ask the voters whether a portion of El Camino Park shall be discontinued
as dedicated parkland. The area proposed for discontinuance is described and shown in
Exhibit B to this resolution and is approximately 0.33 acres.
D.The City intends that the area to be discontinued would be used to build a road connecting
the adjacent Palo Alto Transit Center with El Camino Real. This would allow buses to shorten
the drive time to and from the Transit Center and would encourage use of public
transportation, among other benefits.
E.The project would also include multiple pedestrian and bicycle improvements adjacent to or
near the proposed transit connection, including at the intersection of Quarry Road and El
Camino Real.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. The City Council finds that the public interest or convenience requires the
discontinuance of the use of the land described in Exhibit B as a public park, and the City Council
intends to call a special election to submit the question of discontinuance to the city electors.
SECTION 2. THEREFORE, IT IS ORDERED that a public hearing shall be held on June 10,
2024, at 5:30 pm, or as soon thereafter as the matter may be heard, at the Council Chambers of
City Hall, located at 250 Hamilton Avenue, Palo Alto, at which the Council shall hear protests to
the proposed discontinuance and give any objections due consideration, provided that any such
protest must be made in writing and delivered to the Office of the City Clerk at any time before
the hour set for the hearing and in compliance with the protest guidelines attached as Exhibit C;
DocuSign Envelope ID: E41937A6-B53D-4561-B0E9-CE4047380308
2
107_20240410_ts24
i.IT IS FURTHER ORDERED that the City Clerk and the City’s Park
Superintendent or City Manager are directed to give notice of the public hearing in
the time and manner provided in Appendix A to the City Charter.
SECTION 3. Environmental Review. The City Council finds the proposed project exempt
from the California Environmental Quality Act (CEQA). The proposed project comes within the
statutory exemption for “facility extensions not to exceed four miles in length which are required
for the transfer of passengers from or to exclusive public mass transit guideway or busway public
transit services.” Pub. Res. Code § 21080(b)(12). Due to its fixed location, Caltrain qualifies as an
“exclusive public mass transit guideway” service. The proposed project would extend the existing
transit center facility by approximately 210 feet, through the intersection of Quarry Road and El
Camino Real, to facilitate the transfer of passengers to Caltrain, among other public transit
services.
INTRODUCED AND PASSED: April 22, 2024
AYES: BURT, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER
NOES: KOU
ABSENT: LAUING
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Assistant City Attorney City Manager
_____________________________
Director, Community Services Division
_____________________________
Director, Chief Transportation Official
DocuSign Envelope ID: E41937A6-B53D-4561-B0E9-CE4047380308
3
107_20240410_ts24
Exhibit A
Legal Description of El Camino Park as Codified in Exhibit A-19 to Title 22 of the Palo Alto
Municipal Code
EXHIBIT A-19 LEGAL DESCRIPTION EL CAMINO PARK
Beginning at the most northerly corner of that certain 1.194 acre parcel of land described in that certain sublease between the City of Palo Alto and Southern Pacific Railroad Company, dated October 2, 1939; thence S. 17° 13' 57" E. along the westerly line of said parcel 143.13 feet; thence S. 51° 41' 59" E. 421.31 feet; thence northeasterly along a tangent curve to the left, having a radius of 13.64 feet, through a
central angle of 90 00' for an arc length of 21.42 feet to a point of reverse curve; thence southeasterly along a curve to the right, having a radius of 13.64 feet, through a central angle of 90° 00', for an arc length of 21.42 feet; thence S. 51° 41' 59" E. 122.41 feet; thence southerly along a tangent curve to the right, having a radius of 75 feet, through a central angle of 87° 29' 32", for an arc length of 114.53 feet, to a point of reverse curve;
thence southerly along a tangent curve to the left, having a radius of 300 feet, to a point of reverse curve; thence southerly along a tangent curve to the left, having a radius of 300 feet, to a point of compound curve; thence continuing southerly along a tangent curve to the left, having a radius of 68 feet, through a central angle of 20° 03' 52" for an arc length of 23.81 feet, to a point of reverse curve; thence southwesterly, along a
reverse curve to the right having a radius of 33.40 feet, through a central angle of 77° 52' 04", for an arc length of 45.39 feet, to a non-tangent point on the northeasterly line of El Camino Real; thence northwesterly, along said northeasterly line, the following courses and distances: N. 51° 13' 12" W. 566.52 feet; N. 42° 20' 20" W. 80.45 feet; along a curve to the left, having a radius of 1333 feet through a central angle of 8° 24'
00", for an arc length of 195.43 feet; N. 51° 08' W. 68.39 feet; along a tangent curve to the right, having a radius of 900 feet, through a central angle of 11° 08' 21", for an arc length of 174.97 feet; N. 39° 59' 39" W. 317.82 feet; along a tangent curve to the left, having a radius of 72 feet, through a central angle of 73° 09' 21", for an arc length of 91.93 feet; N. 45° 58' 59" W. 436.48 feet; N. 41° 16' 13" W. 151.00 feet; along a curve
to the right, having a radius of 102 feet, through a central angle of 16° 19' 30", for an arc length of 29.06 feet, to a point of compound curve, along a curve to the right, having a radius of 12 feet, through a central angle of 90° 08' 53", for an arc length of 18.88 feet; N. 31° 10' 38" W. 85.53 feet; N. 51° 31' 10" W. 123.49 feet; N. 49° 31' 31" W. 69.11 feetto a point in the centerline of San Francisquito Creek; thence leaving said northeasterly
line of El Camino Real, and running along the centerline of said creek S. 85° 56' 59" E.164.52 feet and N. 62° 31' 01" E. 77.22 feet, to a point on the southwesterly line of theSouthern Pacific right-of-way; thence southeasterly along the southwesterly line S. 51°35' 10" E. 7.93 feet; S. 51° 41' 59" E. 797.87 feet and S. 46° 56' 10" E. 602.08 feet;thence S. 38° 18' 01" W. 60.00 feet to the point of beginning. Excepting therefrom the
following described portion of Palo Alto Avenue: Beginning at the northerly terminus ofthe above described as "having a radius of 12 feet, through a central angle of 90° 08'53", for an arc length of 18.88 feet"; thence easterly along a compound curve to theright, having a radius of 182 feet, through a central angle of 19° 27' 55", an arc length of61.83 feet; thence N. 81° 46' 56" E. 59.63 feet; thence N. 84° 40' 59" W. along said
right-of-way line 86.96 feet; thence S. 84° 40' 05" W. 192.23 feet; thence westerly alonga curve to the right, having a radius of 382 feet, through a central angle of 7° 50' 24", an
DocuSign Envelope ID: E41937A6-B53D-4561-B0E9-CE4047380308
4
107_20240410_ts24
arc distance of 52.27 feet; thence S. 31° 10' 38" E. 85.53 feet to the point of beginning. Also excepting therefrom that portion thereof described in Resolution No. 5802 of the City of Palo Alto recorded July 16, 1980 in Book F442 of Official Records at Page 707,
records of Santa Clara County, California. Also excepting therefrom that certain 0.551
acre parcel described as follows: Commencing at the intersection of the southwesterly line of the Southern Pacific Railroad Company's right-of-way, 230 feet in width, (as described in that certain easement of Leland Stanford to the Southern Pacific Railroad Company, dated November 23, 1892, and recorded October 28, 1915, in Volume 435 of
Deeds at page 244, Santa Clara County Records, in which the bearing of said line is
called North 51 28' West, which is also the southwesterly line of that certain easement (Palo Alto Agreement No. 224) granted by the Southern Pacific Railroad Company to the City of Palo Alto by Agreement dated October 2, 1939, and recorded November 27, 1939, in Book 954 of Official Records, page 567, Santa Clara County Records), with the
center line of University Avenue produced southwesterly, as said University Avenue
exists 75 feet in width (said intersection being the most easterly point of Parcel 1 as described in that certain lease of the Board of Trustees of Leland Stanford Junior University of the City of Palo Alto (Palo Alto Lease No. 3) dated June 10, 1915, and recorded by Stanford University on September 23, 1915, in Vol. P of Leases at page
333 et seq., Santa Clara County Records, in which the bearing of said line is called
North 51 45" West); thence North 51 45' West along said southwesterly line a distance of 467.50 feet to the intersection of said line of right-of-way with the center line of Lytton Avenue (prolonged); a distance of 81.00 feet to a point on the southwesterly most line of Parcel No. 2, City of Palo Alto Agreement No. 46, dated October 2, 1939, and recorded
October 30, 1939, in Book 951 of Official Records, page 580, Santa Clara County
Records, which point is the true point of commencement; thence South 51 45' East, along said southwesterlymost line, a distance of 25.00 feet; thence South 38 15' West a distance of 120.00 feet; thence North 51 45' West a distance of 200.00 feet; thence North 38 15' East a distance of 120.00 feet to a point on the above mentioned
southwesterlymost line of Parcel No. 2; thence South 51 45' East a distance of 175.00
feet along said line to the true point of commencement.
DocuSign Envelope ID: E41937A6-B53D-4561-B0E9-CE4047380308
5
107_20240410_ts24
Exhibit B
Legal Description of the Area Proposed for Discontinuance
(See following pages)
DocuSign Envelope ID: E41937A6-B53D-4561-B0E9-CE4047380308
March 28, 2023
BKF No. 20240028
Page 1 of 2
EXHIBIT “B”
Legal Description
PARK DISCONTINUANCE AREA
A Portion of El Camino Park, Palo Alto, CA
Real property in the City of Palo Alto, County of Santa Clara, State of California, described as follows:
Being a portion of Park Parcel 1, as said Parcel 1 is described in that certain document, recorded on September
6, 2012, as Document 21840095, Official Records of Santa Clara County, more particularly described as
follows:
COMMENCING at the most westerly corner of Palo Alto Station Grounds, as said Station Grounds are
described in that certain easement from Leland Stanford to the Southern Pacific Railroad Company, dated
November 23, 1892 and recorded October 28, 1915 in Volume 435 of Deeds at Page 244, Official Records
of Santa Clara County, said point being marked by a found 3/4” iron pipe with wood plug and tack;
Thence along the northeasterly line of said Park Parcel, South 16°12’28” East, 56.48 feet to the POINT OF
BEGINNING;
Thence leaving said point and continuing along said northeasterly line, South 16°12’28” East, 86.65 feet to
an angle point in said northeasterly line;
Thence along said northeasterly line, South 50°40’30” East, 4.34 feet;
Thence leaving said northeasterly line, South 34°32’43” West, 24.21 feet to the beginning of a tangent
curve to the right, having a radius of 273.00 feet;
Thence southwesterly along said curve, through a central angle of 09°40’14”, for an arc length of 46.08
feet;
Thence South 44°12’57” West, 49.45 feet, to the beginning of a tangent curve to the left, having a radius of
49.50 feet;
Thence southerly along said curve, through a central angle of 62°46’25”, for an arc length of 54.23 feet to
the northeasterly line of El Camino Real (State Highway 82);
Thence northwesterly along said northeasterly line, North 41°18’51” West, 2.64 feet; to the beginning of a
non-tangent curve, concave to the southwest, having a radius of 1,333.00 feet, with a radial line that bears
North 48°17’29” East;
Thence continuing along said northeasterly line and northwesterly along said curve, through a central angle
of 04°28’38”, for an arc length of 104.17 feet;
Thence leaving said northeasterly line, North 44°14’48” East, 87.93 feet; to the beginning of a tangent
curve to the right, having a radius of 260.50 feet;
Thence northeasterly along said curve, through a central angle of 04°48’43”, for an arc length of 21.88 feet;
Thence North 49°03’31” East, 59.71 feet, to the beginning of a tangent curve to the left, having a radius of
19.50 feet;
Thence northerly along said curve, through a central angle of 66°09’32”, for an arc length of 22.52 feet;
Thence North 29°22’27” East, 14.50 feet to the POINT OF BEGINNING.
Containing an area of 13,960 square feet, more or less.
DocuSign Envelope ID: E41937A6-B53D-4561-B0E9-CE4047380308
EXHIBIT “B”
Legal Description
Page 2 of 2
K:\2024\240028_El_Camino_Quarry\DOC\05-Survey\I-Plats_and_Legal_Desc\ParkVacation_Legal.docx
As shown on plat attached hereto and by this reference made a part hereof.
________________________
Christopher Cassera
P.L.S. No. 9781
Date _________3/28/2024_______
DocuSign Envelope ID: E41937A6-B53D-4561-B0E9-CE4047380308
DocuSign Envelope ID: E41937A6-B53D-4561-B0E9-CE4047380308
DocuSign Envelope ID: E41937A6-B53D-4561-B0E9-CE4047380308
6
107_20240410_ts24
Exhibit C
GUIDELINES FOR THE SUBMISSION OF PROTESTS
Where a resolution of intention has been adopted by the City Council setting a public hearing
with respect to the potential discontinuance of land as a public park, the following shall govern
the protest process:
Submission of Protests
1.Any person may submit a written protest to the City Clerk, either by delivery to the Office
of the City Clerk during its business hours or by submitting the protest to the City Clerk (or
his or her designee) before the hour set for the public hearing. Protests must be received
no later than the hour set for the hearing. Protests received after that deadline, even if
postmarked or emailed prior to the deadline, cannot be accepted.
2.Each protest must (i) state that it is a protest against the proposed discontinuance of the
park dedication, (ii) identify the name of the person making the protest, (iii) identify the
person’s address (by assessor’s parcel number or street address) and (iv) include the
signature of the person making the protest.
3.The notice of the public hearing may designate an email address at which written protests
will be accepted. If an email address is so designated, the City will treat PDF files sent to
the email address as written protests so long as (i) the PDF file contains all information
(including a signature) required by these guidelines to be included in a written protest, and
(ii) the PDF file is received at the email address no later than the date and time indicated
on the notice as the deadline for email submissions.
4.To be valid, signatures on protests sent via email must be provided via either (i) a document
that has been signed and scanned, or (ii) an electronically signed document. Emails that
do not contain a valid signature, for example emails that close with a typed name, will not
be accepted.
5.Although oral comments at the public hearing will not qualify as a formal protest unless
accompanied by a valid written protest, the City Council welcomes input from the
community during the public hearing on the proposed discontinuance.
6.Any person who submits a protest may withdraw it by submitting to the City Clerk a written
request that the protest be withdrawn. The withdrawal of a protest shall contain sufficient
information to identify the person who submitted both the protest and the request that it
be withdrawn.
7.A protest proceeding is not an election.
8.To ensure transparency and accountability in the protest process, protests are disclosable
public records once they are received by the City.
Receipt of Protests
1.The City Clerk shall determine the validity of all protests. The City Clerk shall not accept as
valid any protest if the City Clerk determines that any of the following conditions exist:
DocuSign Envelope ID: E41937A6-B53D-4561-B0E9-CE4047380308
7
107_20240410_ts24
a.The protest does not identify all of the information required above.
b.The protest does not bear the signature of one or more people.
c.The protest does not state its opposition to the proposed discontinuance.
d.The protest was not timely received by the City Clerk.
e.A request to withdraw the protest is received prior to the hour of the public
hearing.
2.The City Clerk’s decision that a protest is not valid shall constitute a final action of the City
and shall not be subject to any internal appeal.
3.The City Clerk shall transmit all protests to the City Council in any form that is practicable.
If the City Clerk receives no valid protests, it shall declare as such to the City Council.
DocuSign Envelope ID: E41937A6-B53D-4561-B0E9-CE4047380308
Certificate Of Completion
Envelope Id: E41937A6B53D4561B0E9CE4047380308 Status: Completed
Subject: DocuSign: Resolution 10157 - El Camino Park
Source Envelope:
Document Pages: 11 Signatures: 6 Envelope Originator:
Certificate Pages: 2 Initials: 0 Vinhloc Nguyen
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Vinhloc.Nguyen@CityofPaloAlto.org
IP Address: 76.220.56.6
Record Tracking
Status: Original
4/23/2024 11:34:00 AM
Holder: Vinhloc Nguyen
Vinhloc.Nguyen@CityofPaloAlto.org
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign
Signer Events Signature Timestamp
Tim Shimizu
Tim.Shimizu@CityofPaloAlto.org
Assistant City Attorney
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 71.202.114.73
Sent: 4/23/2024 1:03:02 PM
Viewed: 4/23/2024 1:03:42 PM
Signed: 4/23/2024 1:04:09 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Philip Kamhi
Philip.Kamhi@CityofPaloAlto.org
Chief Transportation Official
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.194.193.185
Signed using mobile
Sent: 4/23/2024 1:04:10 PM
Viewed: 4/23/2024 1:06:01 PM
Signed: 4/23/2024 1:07:56 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kristen O'Kane
Kristen.O'Kane@CityofPaloAlto.org
Director
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 4/23/2024 1:07:57 PM
Viewed: 4/29/2024 11:50:01 AM
Signed: 4/29/2024 11:50:13 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ed Shikada
Ed.Shikada@CityofPaloAlto.org
Ed Shikada
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 4/29/2024 11:50:14 AM
Viewed: 4/29/2024 8:19:53 PM
Signed: 4/29/2024 8:20:00 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Greer Stone
greer.stone@cityofpaloalto.org
Vice Mayor
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 199.33.33.245
Sent: 4/29/2024 8:20:02 PM
Viewed: 4/29/2024 8:25:28 PM
Signed: 4/29/2024 8:25:47 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mahealani Ah Yun
Mahealani.AhYun@CityofPaloAlto.org
City Clerk
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 4/29/2024 8:25:49 PM
Viewed: 5/8/2024 2:29:18 PM
Signed: 5/8/2024 2:29:36 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/23/2024 1:03:02 PM
Certified Delivered Security Checked 5/8/2024 2:29:18 PM
Signing Complete Security Checked 5/8/2024 2:29:36 PM
Completed Security Checked 5/8/2024 2:29:36 PM
Payment Events Status Timestamps