HomeMy WebLinkAbout1997-04-22 City Council (25)City of Palo Alto
Manager’s Rep r 10
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER
AGENDA DATE: APRIL 22, 1997
DEPARTMENT:PUBLIC WORKS
ClVIR:209:97
SUBJECT:ORDINANCE- UNIVERSITY AVENUE PARKING ASSESSMENT
DISTRICT -- REVISION TO ORDINANCE AUTHORIZING
CHANGE TO PARKING ASSESSMENT DISTRICT BOUNDARY ¯
REQUEST
This item amends the Parking Assessment District Ordinance to permit a reduction in the area
of the Parking Assessment District in order to remove the area formerly occupied by the
Times Tribune property, which is now residential.
RECOMMENDATIONS
Staff recommends that Council approve and adopt the attached Ordinance authorizing a change
(reduction) to the boundaries of the Parking Assessment Districts.
EXECUTIVE SUMMARY
In order to fund the creation of new parking spaces within the University Avenue and
California Avenue business districts of Palo Alto, bonds have been issued by the City. These
parking bonds, issued under Bond Plan "G" (Section 13.16.150, Palo Alto Municipal Code),
require assessments to be levied against property owners within these districts to pay the
principal and interest onthe bonds. The elements of the assessment computation include the
square footage of each occupied building, the off-street parking requirements for the usage,
and the off-street parking provided. Assessments are levied on the basis of building square
footage (not land square footage), with a credit given for the off-street parking provided by
the property owner.
This year the University Avenue Parking Assessment District has changed due to the
subdivision of the former Times .Tribune building (245 Lytton Avenue) located on the
boundary of the district. The result of this change is a reduction of 6,863 square feet, or 0.2
percent of the total district area. The Palo Alto Municipal Code (Section 13.12.050) includes
provisions for the annexation of area to an existing district, but does not provide specifically
for the deletion of area from a district. For this reason, it is necessary to amend the
Municipal Code, Section 13.12.050, with the attached language to allow for this boundary
change. The property owners will feel no effect from this change, as normal assessment
amounts can vary approximately 5 percent per year depending upon new construction and/or
vacancies in existing buildings.
CMR:209:97 Page 1 of 2
This item is before the Council at this time, in order to provide a mechanism for the boundary
change, which must take place before June 9, 1997, when Council is scheduled to have the
annual public hearing regarding the adoption of the assessment rolls for 1997-1998 for both
University Avenue and California Avenue Parking Districts.
POLICY IMPLICATIONS
The adoption of this language does not represent any change to existing policies. The
boundary, change will have little impact on the University Avenue Off-Street Parking Project
No. 75-63 and the University Avenue Parking Projects - Lot J Refunding and 250 University.
Avenue Acquisition.
FISCAL IMPACT
There are no City funds involved in the ordinance change.
ENVIRONMENTAL ASSESSMENT
The ordinance change will have no environmental impact.
STEPS FOLLOWING APPROVAL
If the ordinance is adopted, staff will return to Council on June 9, 1997 with a proposed
resolution to delete territory from the University Avenue Assessment District as part of the
annual public hearing for the University Avenue and California Avenue Parking Assessment
,Districts.
ATTACI-IME~_S
Attachment A - University Avenue Boundary Map
Attachment B, Proposed Language to be added to Section 13.12.050 PAMC
PREPARED BY: John A. Carlson, Acting Assistant Director of Public Works
DEPARTMENT HEAD REVIEW:
GLENN S. ROBERTS
CITY MANAGER APPROVAL:
cc:
Manager
Downtown Property Owners Group
Chamber of Commerce
CMR:209:97 Page 2 of 2 ~,
Legend
Parcel NumberAssessor’s
page number (see Note 1)
023 Assessor’s Parcel Number
Assessor’s Parcel
Number page boundary
~ Assessment District
boundary
Notes
1.Parcels are identified by the
Assessor’s Parcel Number (APN)
which consists of. the book
number, the. page number and
the parcel number, here padded
with "O"s in the format:
120-03-O45
where
120 = Book number. On this
mop o!1 parcels ore in
Book 120
03 = page number
070 I I ~
010123 0221021
045 = parcel number
SCALE
088
KIPLING
100 )27
FLORENCE
095
Attachment A
~WEBSTER
033
0~~084
031
COWPER --
071
,~ 072 1 076
079
WAVERLEY
~ 8 083063
Filed in the office of the City Clerk of the
City of Polo Alto the of
060
059
058
057
086
105
091
096
021 022 023
002 ~ ~
I
GILMAN
095 0321 033
;)36 035 034
-- --BRYANT-- -- -’I- -- -- --
~ [ t03’ 067 066 065
Clerk - City of Palo Alto
RAMONA
109 037 044
Attachment B
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 13~12.050 OF THE PALO ALTO
MUNICIPAL CODE RELATING TO DELETING TERRITORY FROM
PARKING ASSESSMENT DISTRICT BOUNDARIES
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION i. Section 13.12.050 (Parking Districts) of Title
13 (Improvement Procedure) of the Palo Alto Municipal Code is
hereby amended to read as follows:
13.12.050 Parking districts.
(a) Parking place. Parking place includes a parking lot,
garage, or.sub-surface structure, including the grading, paving,
draining, sewering, lighting or otherwise improving, of such lot,
and buildings and improvements necessary or convenient for ~the
parking of motor vehicles including parking meters and other
equipment and facilities necessary or convenient, therefor, together
with the provisions necessary or convenient for ingress to and
egress fromsuch places.
(b) Power. There is hereby vested in the council the
power to acquire, construct, reconstruct, install, extend, enlarge,
repair, improve, maintain and operate public automobile parking
places within the city; to acquire, by purchase, lease or eminent
domain the lands and public rights-of-way necessary or convenient
therefor, to acquire and construct ~public improvements and
equipment and facilities necessary or convenient therefor, and to
levy assessments and issue bonds to pay for the cost of the whole
or any part thereof and the expenses incidental thereto.
(c) District. The whole~ or any portion, of the city may
be formed into ~an improvement and/or maintenance district and
assessments may be levied upon, and bonds may be issued against,
the properties therein for the purpose of paying for the costs of
acquiring, constructing, reconstructing, installing, extending,
enlarging, repairing, improving, maintaining and operating parking
places, and the expenses incidental thereto. Proceedings for the
formation of such district or districts levying such assessments
and issuing such bonds, shall be had as provided in Chapters 13.12
and 13.16 of this title.
(d) Property. The city may purchase, lease, obtain,
option upon, acquire by gift, grant, bequest, devise, eminent
domain, or otherwise and hold, sell, lease, exchange, transfer,
assign, or otherwise dispose of, any real or personal property
within the city, or any interest in, or improvement on, such
property. All property shall be acquired and held in the name of
the city.
970404 lac 0031520
1
(e) City lands. City lands or property may be acquired.
In such event the resolution of intention shall describe same and
state the amount and manner of payment of the compensation. In
lieu thereof, the council may provide in said resolution that the
compensation for said property shall be an amount to be fixed by
the decision of two or three disinterested competent appraisers to
be appointed by the city council.
(f) Sale of property. The council may sell any property
acquired for parking places which is not needed therefor. Any
money received from suchrsale may be used for the acquisition,
construction or improving of other parking places in said district.
It may also be applied as a credit on any assessments levied for
the acquisition of such property, in which case the provisions of
Section 13.12.040(j) shall apply.
(g) Lease of property. ~ When, in its opinion, the public
interest and economy will be served thereby, the council may lease
one or more parking places and facilities. In so doing, the
council may restrict or partially restrict their use to owners and
tenants of real property in the district and classes of persons
designated by such owners or tenants.
(h) Surplus space. Surplus space may be rented or
devoted to commercial uses other than~for the parking of
automobiles when in the council’s judgment it is necessary or
convenient to conduct or permit such use. in order to utilize
properly the property as a parking space. Rentals received for
such purposes shall be deposited in the improvement fund or in the
operating fund or in the bond interest and redemption fund for
said project as the council shall determine.
(i) Fees and rentals. The.council may fix rentals, fees
or other charges for the properties, works and facilities of any
parking place. In so doing, it may establish rates, charges or
rentals for the owners and tenants of such properties and classes
of persons designated by the owners or tenants which differ from
and are less than the rates, charges and rentals charged other
persons.
(j) Operation. Such parking places may be maintained and
operated, and all or any costs and expenses thereof, including
rent, repairs, replacement, fuel, power, electrical current, care,
supervision, and any other items necessary for the proper
maintenance and operation thereof, may be expended for that
purpose. Included in such costs may be the cost of replacements,
improvements and extensions to any parking place necessary or
convenient for the proper operation thereof.
(k) ~Maintenance cost. An annual assessment may be levied
upon the real property within the district established therefor for
thepurpose of maintaining and operating such parking places. Such
assessment shall be in an amount clearly sufficient to pay any and
all costs and expenses of maintaining and operating such parking
970404 lae 0031520
places then due or thereafter to accrue before the proceeds of
¯ another levy shall be available therefor. Such levy shall be
apportioned among the properties within such district on the basis
of the ad valorem value of such land as shown on the last equalized
secured and utility tax rolls upon which city taxes are collected.
(1) Annual report. When any part of the operative cost
is to be paid by a special levy, the city .manager shall annually
file with the city clerk a written report stating in. reasonable
detail the estimated cost of maintenance and operation for which.an
assessment is to. be levied in that year, including the cost of
replacements, improvements and.extensions to any parking plage. It
shall also state the rate of the levy to be made therefor. When
such report shall have been preliminarily approved by the council~
the clerk shall give notice to interested persons that such report
¯ has been filed in his office and open to inspection, and of a time
and place when such report will be heard by the council and an
assessment ordered. Such notice may be by publication in a
newspaper published in the city, or if none, in one printed and-
published in the county and circulated in the city, or by mail to
the last assessees of~the property at their addresses appearing on
the last city tax roll, or as known to the clerk, at least ten days
before the day set for hearing.
(m) Hearing on report: The report shall be fully heard,
and may be altered, amended or supplemented by the council. When
all objections have been heard and action taken with reference
thereto, by their having been overruled or otherwise, such report
shall be confirmed by resolution of the council. Such levy shall
become and remain a lien on the property described therein from the
date it is confirmed until paid.
(n) Id.Collecting assessment. The officer who
performs such duty shall compute and extend the amounts thereof on
the next tax rolls on which city taxes are collected, and it shall
be collected in the same manner, and be subject to the same.
penalties, costs and interest, and may be redeemed, and the
property sold for nonpayment thereof, and title shall pass to the
purchaser, as provided for city taxes, except that the period of
redemption shall be one year instead of five.
(o) Transfer of funds. The city may advance funds for
the acquisition, construction or improving of such parking places,
or for the maintenance and operation thereof, and reimburse itself
from the proceeds of any assessment subsequently levied for that
purpose. It may also make contributions thereto from available
funds.
(p) Pledge. The council may, at any time, make such
pledge or pledges as .it shall determine, for the payment of the
principal and interest.of the bonds, or for the maintenance and
operation of the facilities acquired or to be acquired therewith,
or for adequate reserves, from the income and revenue of on and
off-street parking facilities.
3
970404 lac 0031520
(q) Covenants. The council may provide all proper and
usual covenants for the proper security and payment of the
principal and interest of the bonds.
(r) Alteration of district boundaries. The boundaries of
such district or of any district formed pursuant to any section of
this title or pursuant to Ordinance No. 844 or Ordinance No. 1928
or pursuant to general law may be enlarged at any time either
before or after the issuance of bonds. The territory to be annexed
shall be set forth in a resolution of intention to be adopted by
the council, which shall givenotice that said matter, and all
persons interested, will be heard by the council at a time to be
stated therein, at the regular meeting place of the council.
(s) Id.Publication. Such resolution shall be
published.
(t) Id~ Hearing. The hearing may be adjourned from
time to time. At ~he hearing the council shall have power~to
determine whether or not the entire territory,~or only a portion
thereof, to be annexed will be benefited by being annexed.
(u) Id. Order° The council shall by resolution order
the annexation of ~uch territory, defining its boundaries therein.
Its decision thereon shall be final and conclusive.
(v) Id. Effect. Thereafter the property annexed shall
be subject to special levies for maintenance andoperation and for
any ad valorem bonds issued for the acquisition or construction of
the improvements.
(w) Id._ Terms and conditions. The council may make
such annexation subject to one or more of the following terms and
conditions:
(I) The payment of a fixed or determinable amount
of money, either as a lump sum or in installments, for the
acquisition, use, or right of use of a~l or part of the existing
property of any district, or as compensation to the district for
the enjoyment by the annexing property of the privileges and
immunities of property in the district.
(2) The levying or fixing and the collection of (i)
special, extraordinary or additional assessments, or (ii) special,
extraordinary or additional service charges, rentals or rates, or
(iii) both, for the purpose of providing for any payment required
pursuant to subdivision (I) of this subsection.
(3) The imposition, exemption, transfer, division
or apportionment, as among any affected districts of liability for
payment of all or any part of principal, interest and any other
amounts which shall become due on account of all or any part o~ any
outstanding or then authorized but thereafter issued bonds,
including revenue bonds, or other contracts or obligations of any
970404 lae 0031520
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district or any improvement district or zone therein and the
levying or fixing and the collection of any (i) assessments, or
(ii) service charges, rentals or rates, or (iii) both, as may be
necessary to provide for such payment.
(4) The formation of a new improvement district or
districts or zone or the annexation or detachment of territory to
or from any existing improvement district or districts or zone.
(5) The incurring of new indebtedness or liability
by or on behalf of all or any part of any district or of any
existing or proposed new improvement district or zone therein.~
(6) The issuance and sale of any bonds, including
authorized but unissued bonds.
(7) The acquisition, improvement, disposition,
sale, transfer or division of any property, real or personal.
(8) The disposition, transfer or division of any
moneys or funds (including cash on hand and moneys due but
uncollected) and any other obligations.
(9) The fixing and establishment of priorities of
use or right of use or capacity rights in any public improvements
or facilities or of any other property, real or personal.
Any such terms and conditions selected by the
council, shall be set forth in the resolution of intention, all
persons interested may be heard thereon, and such thereof as are
determined by the council after the hearing to be in the best
interests of the annexing territory and.the district, shall be set
forth in the resolution ordering the annexation.
SECTION 2. The Council finds that this is not a project
pursuant to the California Environmental Quality Act ("CEQA") and
that no environmental assessment is necessary.
970404 lac 0031520
SECTION 3. This ordinance shall be
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
effective on the
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Acting Director of
Administrative Services
Director of Public Works
970404 lac 0031520