HomeMy WebLinkAboutRESO 10167112_20240530_ts24 1
Resolution No. 10167
Resolution of the Council of the City of Palo Alto
Calling a Special Election for November 5, 2024 for Submittal to the Qualified Electors of the
City a Measure to Discontinue the Use of Approximately 0.33 Acres as Park Land at El Camino
Park
R E C I T A L S
A.The area known as El Camino Park is owned by the Board of Trustees of the Leland
Stanford Junior University (Stanford) and is leased to the City of Palo Alto (City) until June 30,
2042.
B.Article VIII of the Palo Alto Charter provides that “All lands owned or controlled by the
city which are or will be used for park, playground, recreation or conservation purposes shall be
dedicated for such purposes by ordinance.” Accordingly, the City adopted an ordinance
dedicating El Camino Park 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.
C.Article VIII of the Charter 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.
D.The City Council proposes that the voters discontinue park use for an approximately
13,960 sq. foot (or approximately 0.33 acre) segment of El Camino Park to be used to build a road
connecting the adjacent Palo Alto Transit Center with El Camino Real, a state highway (the
“project”). This will allow buses, shuttles, and other transit vehicles to shorten the drive time to
and from the Transit Center and will encourage use of public transportation, among other
benefits. The proposed project will 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.
E.Construction of the project is contingent on state agency approval, finalization of
design, and obtaining adequate funding. If built, the project will remain under the terms of the
El Camino Park lease, meaning that it will be owned by Stanford and leased to the City until 2042.
Unless a new agreement is reached, the project and El Camino Park will thereafter revert to
Stanford.
F.On April 22, 2024, the City Council adopted a Resolution of Intention 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.
G.In compliance with the City Charter, the City Council now desires to call and fix a
special election to submit to the city electors the question of the discontinuance of the use of
approximately 0.33 acres of park land at El Camino Park.
H.A proposed ordinance attached hereto and incorporated herein by reference as
Attachment “A” (the “Ordinance”) would amend the Palo Alto Municipal Code to amend Exhibit
A-19 to PAMC Title 22 to amend the area commonly known as El Camino Park to reduce the
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dedicated area by approximately 0.33 acres.
I.By its Resolution No. 10165 the City Council called a general municipal election for
November 5, 2024 (“Election”).
J.Pursuant to Elections Code Section 9222 and 10403, the City Council desires to submit
the Ordinance to the voters of the City.
The City Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. Findings. The City Council finds and determines that each of the findings
set forth above are true and correct.
SECTION 2. Election. The City Council proposes to discontinue the park use of
approximately 0.33 acres of El Camino Park as set forth in the Ordinance and to present this
proposal to the voters on November 5, 2024.
SECTION 3. Measure. Pursuant to Elections Code Section 9222, the City Council hereby
submits a proposition for the enactment of the Ordinance to the voters at the Election and orders
the following question to be submitted to the voters at the Election:
To reduce traffic congestion and travel time for transit
riders, shall the measure undedicating a 0.33-acre portion
of existing parkland in El Camino Park for the purpose of
creating a new road primarily for transit vehicles linking the
Palo Alto Transit Center with El Camino Real, be adopted?
YES
NO
This question requires the approval of a majority of those casting votes.
SECTION 4. Adoption of Measure. The measure to be submitted to the voters is
attached to this Resolution as Attachment A and incorporated herein by this reference. The City
requests that the full text of the measure, including its exhibit, shall be printed in the County’s
Voter Information Guide.
SECTION 5. Notice of Election. Notice of the time and place of holding the Election is
hereby given, and the City Clerk is authorized, instructed and directed to give further or additional
notice of the Election, in time, form and manner as required by law.
SECTION 6. Impartial Analysis. Pursuant to Elections Code Section 9280, the City
Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The
City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in
length, showing the effect of the measure on the existing law and the operation of the measure,
and transmit such impartial analysis to the City Clerk on or before August 15, 2024.
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SECTION 7. Ballot Arguments. Pursuant to Elections Code Section 9286 et. seq.,
August 13, 2024 at 5:00 p.m. shall be the deadline for submission of arguments in favor of, and
arguments against, any local measures on the ballot. If more than one argument for and/or
against is received, the priorities established by Elections Code Section 9287 shall control.
SECTION 8. Rebuttal Arguments. The provisions of Elections Code Section 9285 shall
control the submission of any rebuttal arguments. The deadline for filing rebuttal arguments shall
be August 20, 2024 at 5:00 p.m.
SECTION 9. Authorization to File Arguments. Pursuant to Elections Code Section
9282(b), the City Council hereby authorizes Mayor Stone to select one to three current City
Councilmembers to file a written argument in favor of this measure and also to file a rebuttal
argument.
SECTION 10. Consolidation Request (Cal. Elections Code § 10403). The Council of the
City of Palo Alto requests the Board of Supervisors of the County of Santa Clara permit the
Registrar of Voters to completely consolidate the City’s General Municipal and Special Elections
for November 5, 2024 and the City Council consents to such consolidation. The Council requests
the Board of Supervisors of Santa Clara County to include on the ballots and sample ballots, all
qualified measures submitted by the City Council to be ratified by the qualified electors of the
City of Palo Alto. The Council acknowledges that the Election will be held and conducted
according to procedures in the Elections Code, including Section 10418.
SECTION 11. Request for County Services. Pursuant to Section 10002 and 10520 of
the Elections Code, the Council of the City of Palo Alto hereby requests the Board of Supervisors
of Santa Clara County to permit the Registrar of Voters to render services to the City of Palo Alto
relating to the conduct of Palo Alto’s General Municipal and Special Elections which are called to
be held on November 5, 2024, and shall reimburse the county for the costs incurred by the
County of Santa Clara Registrar of Voters in conducting the election for the City of Palo Alto. The
services shall be of the type normally performed by the Registrar of Voters in assisting the clerks
of municipalities in the conduct of elections including, but not limited to, checking registrations,
mailing ballots, hiring election officers and arranging for polling places, receiving absentee voter
ballot applications, mailing and receiving absent voter ballots and opening and counting same,
providing and distributing election supplies, and furnishing voting machines, the canvassing of
the returns of the election, the furnishing of the results of such canvassing to the City Clerk, and,
the performance of other election services as may be requested by the City Clerk. The City
requests the County of Santa Clara Board of Supervisors permit the County of Santa Clara
Registrar of Voters to prepare the City’s election materials.
SECTION 12. Transmittal of Resolution. The City Clerk is hereby directed to submit
forthwith a certified copy of this resolution to the Santa Clara County Board of Supervisors and
to the Registrar of Voters.
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SECTION 13. Environmental Review. The City Council finds the proposed project as
described in the Recitals in this Resolution 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.
APPROVED:
______________________________
Mayor
______________________________
City Manager
______________________________
INTRODUCED AND PASSED: June 10, 2024
AYES: BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA,
NOES:
ABSENT:
ABSENTIONS: VEENKER
ATTEST:
_____________________________
City Clerk
APPROVED AS TO FORM:
_____________________________
Assistant City Attorney Director of Community Services
______________________________
Chief Transportation Official
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Attachment A
** START HERE **
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending the Area Dedicated as
El Camino Park to Discontinue the Park Use of Approximately 0.33 Acres
The People of the City of Palo Alto do ordain as follows:
SECTION 1. Exhibit A-19 of Title 22 (Parks) of the Palo Alto Municipal Code is hereby
amended to read as follows (new text underlined):
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 feet to 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 the Southern 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
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terminus of the 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 the right,
having a radius of 182 feet, through a central angle of 19° 27' 55", an arc length of 61.83 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 along a curve to the right, having a
radius of 382 feet, through a central angle of 7° 50' 24", an 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.
SAVE AND EXCEPT THE FOLLOWING DESCRIBED PORTION THEREOF DISCONTINUED FOR
PARK PURPOSES PURSUANT TO A VOTE OF THE PEOPLE, AS CONFIRMED BY ORDINANCE NO.
_____:
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:
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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.
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SECTION 2. The area being discontinued for park purposes in Section 1 of this Ordinance
is based on the legal survey attached as Exhibit 1.
SECTION 3. The area being undedicated as parkland by this Ordinance may only be used
to construct a road linking the adjacent Palo Alto Transit Center with El Camino Real and related
improvements, such as but not limited to: bus stops, utility infrastructure, landscaping, sidewalks,
bicycle paths, safety infrastructure, parking spaces, lighting, signage and wayfinding, parking
restrictions, and any improvement otherwise permitted in dedicated parkland (including those
permitted after adoption of an ordinance).
SECTION 4. The City Council finds this proposed transit connector 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.
SECTION 5. Effective Date. This ordinance shall be effective only if approved by a majority
of the voters and shall go into effect immediately after the vote is declared and this ordinance is
adopted by the City Council.
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SECTION 6. Execution. The Mayor is hereby authorized to attest to the adoption of this
Ordinance by the voters of the City by signing where indicated below.
I hereby certify that the foregoing Ordinance was PASSED, APPROVED by the People of
the City of Palo Alto voting in the election set on November 5, 2024 and ADOPTED by the City
Council pursuant to California Government Code section 38451 as incorporated into Appendix A
to the Charter of the City of Palo Alto.
ATTEST:
__________________________ ___________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________________ ___________________________
Assistant City Attorney City Manager
___________________________
Director of Community Services
___________________________
Chief Transportation Official
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Exhibit 1
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** END HERE **
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Certificate Of Completion
Envelope Id: 2FCC4B7531D34F14935170ED6A16EADB Status: Completed
Subject: Docusign: Resolution 10167 - El Camino Park
Source Envelope:
Document Pages: 13 Signatures: 6 Envelope Originator:
Certificate Pages: 2 Initials: 0 Vinhloc Nguyen
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250 Hamilton Ave
Palo Alto , CA 94301
Vinhloc.Nguyen@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
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Signer Events Signature Timestamp
Tim Shimizu
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Assistant City Attorney
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Philip Kamhi
Philip.Kamhi@CityofPaloAlto.org
Chief Transportation Official
City of Palo Alto
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Kristen O'Kane
Kristen.O'Kane@CityofPaloAlto.org
Director
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Ed Shikada
Ed.Shikada@CityofPaloAlto.org
Ed Shikada
City of Palo Alto
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Greer Stone
greer.stone@cityofpaloalto.org
Vice Mayor
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Mahealani Ah Yun
Mahealani.AhYun@CityofPaloAlto.org
City Clerk
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