HomeMy WebLinkAboutStaff Report 343-07City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COIYNCIL
16
FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE:SEPTEMBER 10, 2007 CMR: 343:07
SUBJECT:ADOPTION OF TWO RESOLUTIONS REGARDING SUMMARY
VACATION OF PUBLIC UTILITY EASEMENTS FOR OVERHEAD
FACILITIES IN L~ERGROUNrD UTILITY DISTRICTS 37 AND 38
RECOMMENDATION
Staff recommends that Council approve the attached: 1) Resolution summarily vacating public
service easements for utility poles and overhead lines in Underground Utility District 37
(Attachment A); and 2) Resolution summarily vacating public service easements for utility poles
and overhead lines in Underground Utility District 38 (Attachment B).
BACKGROUND
On April 7, 1997, the City Council approved Ordinance No. 4408 establishing Underground
District No. 37 and requiring the removal of poles, overhead lines and associated overhead
structures in areas contiguous with portions of Embarcadero Road, Middlefield Road, Seale
Avenue, Byron Street, Bret Harte Street, Mark Twain Street, Newell Road, Guinda Street, Fulton
Street and Tennyson Avenue. On February 23, 1998, the Council approved Ordinance No. 4483
establishing Underground District No. 38, requiring the removal of poles, and overhead lines and
associated overhead structures from areas contiguous with portions of High Street and Cowper
Street, and Oregon Expressway and Colorado Avenue. The removal of the overhead utility
facilities and construction of replacement underground facilities was completed in Districts 37
and 38 in 2000 and 2005 respectively. Necessary easements for replacement facilities in both
Districts have been acquired and recorded with the County of Santa Clara Recorder.
DISCUSSION
The attached two Resolutions will vacate the easements for overhead facilities within
Underground Districts 37 and 38 respectively. The vacations are in accordance with the Streets
and Highways Code which authorizes the City Council to summarily vacate public service
easements for utilities when the easements have been superseded by relocation and there are no
other public facilities located within the easements. Staff has notified the City Utilities, Public
Works and Planning Departments of the proposal to vacate these public utility easements and all
concur with the vacation. These easements are not necessary for any present or future use, and
therefore they may be summarily vacated in accordance with Section 8333 of the California
Streets and Highways Code.
CMR:343:07 Page 1 of 2
RESOURCE IMPACT
The easement-vacation processing fee of $1,200, as set forth in the Municipal Fee Schedule, is
not applicable to City-initiated summary vacations of easements in Underground Districts.
POLICY IMPLICATIONS
The recommendation does not represent any change to City policies. The Planning Department
has determined that the vacation of the PUE is in conformity with the Palo Alto Comprehensive
Plan.
ENVIRONMENTAL REVIEW
The proposed summary vacation of the PUE is categorically exempt from review under the
California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of
Regulations Section 15305 as a minor alteration in land use limitations.
PREPARED BY: ~,!~" v~
WILLIAM W. FELLMAN
DEPARTMENT HEAD APPROVAL: CARL YE~TS
Director, Administrative Sen, ices
CITY MANAGER APPROVAL:
"(-E5¢I I L Y HARRISON
Assistant City Manager
ATTACHMENTS
Attachment A: Summary Vacation Resolution, District 37
Attachment B: Summary Vacation Resolution, District 38
CMR:343:07 Page 2 of 2
ATTACHMENT A
Recorded at no charge in
accordance with Streets &
Highways Code Section 8325
at the request of and
when recorded return to:
CITY OF PALO ALTO/REAL ESTATE
250 Hamilton Avenue
P.O. BOX 10250
PALO ALTO, CA 94303
SPACE ABOVE LINE FOR RECORDER’S USE
A.P. No.:
Project No.:
Project:
Various
CEV 03/06
Vacation of Public
Utility Easement for
District 37
SUMMARY VACATION
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUMMARILY
VACATING PUBLIC SERVICE EASEMENTS FOR UTILITY POLES AND OVERHEAD
LINES IN UNDERGROUND UTILITY DISTRICT 37, ENCOMPASSING THE AREAS
CONTIGUOUS WITH PORTIONS OF EMBARCADERO ROAD, MIDDLEFIELD ROAD,
SEALE AVENUE, BYRON STREET, BRET HARTE STREET, MARK TWAIN STREET,
NEWELL ROAD, GUINDA STREET, FULTON STREET AND TENNYSON AVENUE
WHEREAS, Chapter 4 of the Public Streets, Highways and
Service Easements Vacation Law, commencing with Streets and
Highways Code section 8330, provides for summary vacation of
streets and public services easements; and
WHEREAS, the following easements were accepted by the City
of Palo Alto and recorded by the Office of the Santa Clara County
Recorder: l)the 5’ easement at the rear of Blocks 141 and 142 as
shown on Tract 37 Embarcadero Oaks, recorded February 5, 1929 in
Volume X, page 24 and 25; 2) the 5’ easement at the rear of B!ock
84 as shown on Tract 35 Emery Subdivision No. i, recorded December
9, 1935 in Book 1 page 22 and 23; 3) the 5’ pole line easement at
the rear of Blocks 140 and 141 as shown on Tract 37 Embarcadero
Oaks No.2, recorded on February 24, 1936 in Book 1 page 17; 4)the
easement at the rear of Block 85 as shown on Tract 43 Emery
Subdivision Map No.2, recorded on October 27, 1936 in Book 1 page
31; 5) the easement at the rear of B!ocks 300 and 301 as shown on
Tract 233, recorded October 17, 1945 in Book 8 pages 6 and 7; and
6) the easement at the rear of B!ocks 140 and 300 as shown on Tract
253, recorded March 4, 1946 in Book 8 page34; and
WHEREAS, Section 8333 of the Streets and Highways Code
authorizes the City Council to summarily vacate public service
easements for utilities when the easements have been superceded by
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relocation, and there are no other public facilities located within
the easements; and
WHEREAS, on April 7, 1997, the City Council approved
Ordinance No. 4408 establishing Underground District No. 37
requiring the remova! of poles and overhead lines and associated
overhead structures from the areas contiguous with portions of
Embarcadero Road, Middlefield Road, Seale Avenue, Byron Street,
Bret Harte Street, Mark Twain Street, Newell Road, Guinda Street,
Fulton Street and Tennyson Avenue, al! as more particularly
described on that certain map entitled "Embarcadero/Middlefield
Road Underground Utility District Number 37," on file in the office
of the City of Palo Alto City Clerk; and
WHEREAS, in September 2000, the removal of the overhead
poles, lines and associated structures and construction of
replacement underground facilities were completed; and
WHEREAS, the City Council intends to summarily vacate the
Public Service Easements for Utilities as more particularly
described herein in Exhibit "A" attached to this resolution and
depicted on the plat map attached as Exhibit "B" to this
resolution; and
WHEREAS, attached to this Resolution as Exhibit "C" is a
copy of CMR No. : , dated , submitted by the City
Manager to the City Council setting forth the reasons for the
summary vacation of public service easements for utilities
("Report").
NOW, THEREFORE, the City Council does hereby RESOLVE as
fol!ows:
SECTION i. The City Council hereby adopts the Report and,
based upon the Report and all other evidence submitted, makes the
fol!owing findings:
i.The Public Utility Easements described herein on
Exhibit "A" and depicted on the plat map attached as Exhibit
have been superceded by relocation; and
2. No public facilities are located within the said
Public Utility Easements; and
3. The Public Utility Easements are not needed for
present or prospective public facilities; and
4. The public convenience and necessity do not require
reservation of any portion of the Public Utility Easements; and
5. The Public Utility Easements to be vacated are not
useful as non-motorized transportation facilities; and
6.The Council has considered the Palo Alto
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Comprehensive Plan and ratifies the determination of the planning
department that the vacation of the Public Utility Easements is in
conformity with the Palo Alto Comprehensive Plan.
SECTION 2. Based upon the findings made in Section 1 of
this Resolution and the provisions of Section 8333 of the Streets
and Highways Code, the City Council does hereby order that the
Public Utility Easements as shown on the attached Map shal! be and
hereby are summarily vacated.
SECTION 3. The City Clerk, acting by and through the Real
Property. manager, is hereby directed to record at Santa Clara
County Records a certified copy of this Resolution, including the
Map and the Report.
SECTION 4. The easements for overhead utility purposes
described in Exhibit "A" and depicted in the plat map attached as
Exhibit ~’B" will no !onger constitute public easements from and
after the date of recordation of the documents identified in
Section 3 of this Resolution.
SECTION 5. The Council finds that summary vacation of the
Public Utility Easements is exempt from review under the California
Environmenta! Act pursuant to Title 14 California Code of
Regulations section 15305 as a minor alteration in land use
limitations.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Senior Asst. City Attorney City Manager
Director of Administrative
Services
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ATTACHMENT B
Recorded at no charge in
accordance with Streets &
Highways Code Section 8325
at the request of and
when recorded return to:
CITY OF PALO ALTO/REAL ESTATE
250 Hamilton Avenue
P.O. BOX 10250
PALO ALTO, CA 94303
SPACE ABOVE LINE FOR RECORDER’S USE
A.P. No.:
Project No.:
Project:
Various
CEV 04/06
Vacation of Public
Utility Easement for
District 38
SUMMARY VACATION
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO SUM~RILY
VACATING PUBLIC SERVICE EASEMENTS FOR UTILITY POLES AND OVERHEAD
LINES IN UNDERGROUND UTILITY DISTRICT 38, ENCOMPASSING THE AREAS
CONTIGUOUS WITH PORTIONS OF HIGH STREET AND COWPER STREET, AND
OREGON EXPRESSWAY AND COLORADO AVENUE.
WHEREAS, Chapter 4 of the Public Streets, Highways and
Service Easements Vacation Law, commencing with Streets and
Highways Code section 8330, provides for summary vacation of
streets and public services easements; and
WHEREAS, the following easements were accepted by the City
of Palo Alto and recorded in the Office of the Santa Clara County
Recorder: I) the Public Utility Easements as shown on the map of
South Court Addition in blocks 200, 201, 202, 203, 204 and 205,
recorded in Volume X of Maps pages 42 and 43 on June 17, 1929; and
2) the easements in the portion of B!ocks i, 2,13, 14, 15, 16, 27,
28,29, 30, 40 and 43 as shown on the map of Stanford City
recorded in Volume M, page 97 on May 3, 1910; and
WHEREAS, Section 8333 of the Streets and Highways Code
authorizes the City Council to summarily vacate public service
easements for utilities when the easements have been superceded by
relocation and there are no other public facilities located within
the easements; and
WHEREAS, on February 23, 1998, the City Council approved
Ordinance No. 4483 establishing Underground District No. 38
requiring the removal of poles and overhead lines and associated
overhead structures from the areas contiguous with portions of High
Street and Cowper Street, and Oregon Expressway and Co!orado
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Avenue, and shown on the Underground District 38 Boundary Map
attached hereto as Exhibit D; and
WHEREAS, in 2005, the removal of the overhead poles, lines
and associated structures and construction of replacement
underground facilities were completed; and
WHEREAS, the City Council intends to summarily vacate the
Public Service Easements for Utilities as more particularly
described herein in Exhibit "A" attached to this resolution and
depicted on the plat map attached as Exhibits "BI" and "B2" to this
resolution; and
WHEREAS, attached to this Resolution as Exhibit "C" is a
copy of CMR No. : , dated , submitted by the City
Manager to the City Counci! setting forth the reasons for the
summary vacation of public service easements for utilities
("Report").
NOW, THEREFORE, the City Council does hereby RESOLVE as
fol!ows:
SECTION I. The City Council hereby adopts the Report and,
based upon the Report and all other evidence submitted, makes the
following findings:
i.The Public Utility Easements described herein on
Exhibit "A" and depicted on the plat map attached as Exhibits "BI"
and "B2"’ have been superceded by relocation; and
2. No public facilities are located within the said
Public Utility Easements; and
3. The Public Utility Easements are not needed for
present or prospective public facilities; and
4. The public convenience and necessity do not require
reservation of any portion of the Public Utility Easements; and
5. The Public Utility Easements to be vacated are not
useful as non-motorized transportation facilities; and
6.The Council has considered the Palo Alto
Comprehensive Plan and ratifies the determination of the planning
department that the vacation of the Public Utility Easements is in
conformity with the Palo Alto Comprehensive Plan.
SECTION 2. Based upon the findings made in Section 1 of
this Resolution and the provisions of Section 8333 of the Streets
and Highways Code, the City Council does hereby order that the
Public Utility Easements as on the attached Map shall be and hereby
is summarily vacated.
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SECTION 3. The City Clerk, acting by and through the Real
Property manager, is hereby directed to record at Santa Clara
County Records a certified copy of this Resolution, including the
Map and the Report.
SECTION 4. The easements for overhead utility purposes
described in Exhibit "A" and depicted in the plat map attached as
Exhibits "BI" and ~’B2" will no !onger constitute public easements
from and after the date of recordation of the documents identified
in Section 3 of this Resolution.
SECTION 5. The Council finds that summary vacation of the
Public Utility Easements is exempt from review under the California
Environmental Act pursuant to Title 14 California Code of
Regulations section 15305 as a minor alteration in land use
limitations.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Senior Asst. City Attorney City Manager
Director of Administrative
Services
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