HomeMy WebLinkAboutStaff Report 275-07City of Palo Alto
TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER
JUNE 18, 2007
PALO ALTO ERUV PROJECT
DEPARTMENT: PUBLIC WORKS
CMR: 275:07
This is an informational report and no Council action is required.
BACKGROUND
The purpose of this report is to inform the City Council of the status of an encroachment permit
application for an eruv. Public Works anticipates issuing an encroachment permit for the eruv on
or after June 19, 2007. An eruv is an Orthodox Jewish term for a system that integrates a
number of private and public properties into one larger private domain. An eruv permits
individuals within the eruv district to move objects in a larger private domain. This would allow
Orthodox Jews who would otherwise be limited to the home to perform more activities on the
Sabbath outdoors.
In early t999 Rabbi Yitzchok Feldman, then representing Congregation Emek Beracha,
originally proposed the construction of an eruv by "linking" 23 sites within the City. The linking
methods included using existing utility poles, modifying existing poles, and installing new poles.
The linking mechanism consisted of twine strung on either new or existing poles.
In May 1999, Council directed staff to consider the feasibility and lawfulness of establishing an
eruv in Palo Alto. From that investigation, staff identified four issues that Council should
consider at its meeting on December 13, 1999 (CMR 454:99). The four issues included:
o Prohibition of encroachment into Utility Department’s space or climbing space on any
utility pole.
o Avoidance of underground utility districts to the maximum extent feasible.
o Evidence of permission from all affected agencies and owners.
o Burden of determining ownership, jurisdiction, and permitting process shall be assigned
to the applicant and/or its contractor.
On November 3, 2003 Rabbi Feldman, representing Palo Alto Community Eruv, Inc. (PACE),
applied to Public Works Engineering for an encroachment permit for the construction of an eruv
based on the previous t 999 proposal. The application was deemed incomplete and the applicant
was informed that documentation satisfying the concerns identified in City’s Manager Report
CMR:275:07 Page 1 of 3
(CMR) 454:99 must be submitted, reviewed, and approved prior to issuance of an encroachment
permit. The applicant withdrew the application with the intent to resubmit once all four issues
had been addressed.
PACE submitted a revised encroachment permit application on October 6, 2006 stating that all
identified concerns have been satisfied and conditions met.
DISCUSSION
In August 2004, City staff met with representatives from PACE to discuss a new proposal for an
eruv involving the issuance of an encroachment permit. The new proposal identified 22
locations which avoided the use of utility poles, thereby resolving most of the safety concerns of
the original proposal. An adjustment to several original locations and the use of private property
eliminated the encroachment into existing utility districts. With the majority of the safety
concerns addressed, staff concluded that the remaining traffic, clearance, and maintenance issues
were resolvable. However, the application was deemed incomplete based on earlier
requirements conveyed to the applicant, who was directed to provide the following information
to proceed with the processing of the encroachment pen:nit:
Twine sag calculations for each eruv location proposed showing compliance with the.
18ft. minimum height required.
Submittal 6f written approvals from all other agencies and landowners involved.
A revised Application for Encroachment Perrnit package.
A renewed insurance certificate for Palo Alto Community ERUV, Inc..
The name and contact info~Tnation of the licensed contractor selected to perform the
installation of the eruv.
A copy of the maintenance contract between Palo Alto Community ERUV, Inc. and its
licensed contractor for ongoing maintenance of the eruv.
24 hour, seven day a week contact infot~’rnation for the eruv maintenance contractor and
Palo Alto Community ERUV, Inc.
Written approval from Palo Alto Community ERUV, Inc. allowing CPA employees
and!or CPA contractors to remove components of the eruv to facilitate a public safety
situation or if a public safety situation exists due to the eruv itself.
On October 5, 2006, staff met with representatives from PACE to review its response to the
City’s request for additional information. At the October, 2006 meeting all of the City’s
conditions had not been met.
PACE provided the requested information in a revised application package on May 22, 2007.
This package has been reviewed and found acceptable. It includes approval of placement of the
eruv by Stanford University, the County of Santa Clara, Caltrans, the Santa Clara Valley Water
District and the Peninsula Corridor Joint Powers Board. Therefore, in June 2007, the application
for an encroachment permit was deemed complete. The City Attorney’s Office has opined that
once the applicant has satisfied all requirements set forth by the City to obtain an encroachment
permit then the City Engineer, Glenn Roberts, must issue an encroachment permit to the
applicant as the issuance at this point is purely ministerial.
CMR:275:07 Page 2 of 3
RESOURCE IMPACT
Workload Impact
Issuance of the encroachment permit can be accommodated within the existing workload.
POLICY IMPLICATIONS
The issuance of an encroachment permit for the placement of an eruv within Palo Alto does not
present any significant policy implications. The granting of encroachment permits is covered
under Palo Alto Municipal Code Sections t2.12.010 and 12.12.020. The legal grounds for the
issuance of the permit are outlined in a COlnpanion City Attorney’s Report accompanying this
CMR.
PREPARED BY:
~KE NAFZIG’ER
Project Engineer
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
GLEN~-N S. ROBERTS
Director of Public Works
EMI~ HA~SON
Assist~t City Manager
CMR:275:07 Page 3 of 3