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HomeMy WebLinkAbout2004-07-12 City Council (8)City of Palo Alto City Manager’s Report TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT:CITY MANAGER’S OFFICE 13 DATE: SUBJECT: JULY 12, 2004 CMR: 330:04 RECOMMENDATION OF THE POLICY AND SERVICES COMMITTEE REGARDING ENCROACHMENT BY PALO ALTO UNIFIED SCHOOL DISTRICT WALTER HAYS SCHOOL ON RINCONADA PARK RECOMMENDATION The Policy and Services Committee recommends Council seek voter approval at the municipal election in November 2005 of a Charter Amendment to exchange minor portions of parkland for contiguous lands of an equal or greater area or value in order to implement Article VIII of the Palo Alto City Charter. Staff recommends that the City Council accept the Palo Alto Unified School District’s (District) offer, to pay half of the cost of the November 2005 election. In the event that the ballot measure is unsuccessful, staff recommends that Council direct staff to provide the District with written notice to remove the encroachments at the District’s cost within 12 months of the date of the written notice. BACKGROUND Several years ago, the Palo Alto Unified School District (PAUSD) mistakenly placed two portable classrooms and constructed playground structures within the boundaries of Rinconada Park. When notified of the encroachment, the District agreed (by resolution - Attachment 2) to correct the encroachment no later than September 1, 2002. Subsequently, the PAUSD requested that the City consider a proposal of an exchange of land whereby the City grants it the land necessary to accommodate the structures currently on City parkland, and in exchange, the PAUSD would grant the City an equal portion of its land. On June 23, 2003, the City Council referred to the Parks and Recreation Commission an "enabling" ordinance to authorize the exchange of minor portions of parkland for contiguous lands of an equal or greater area of value. On November 13, 2003, the Parks and Recreation Commission voted against the staff CMR: 330:04 Page 1 of 4 recommendation and recommended that the Council refer the exchange of minor portions of parkland to the voters as an amendment to the City of Palo Alto Charter. On December 9, 2003, the Policy and Services Committee considered the staff’s recommendation to approve, an enabling ordinance to authorize the exchange of minor portions of parkland for contiguous lands of an equal or greater area of value. The Policy and Services Committee heard several speakers that opposed the enabling ordinance. The speakers claimed that they were not opposed to this particular minor exchange of land. However, they were concerned that the enabling ordinance would allow staff to make other exchanges in the future that might be controversial without public input. The Policy and Services Committee, after hearing the testimony, voted 3-1 against the recommendation and instead recommended that the Council refer the exchange of minor portions of parkland to the voters as an amendment to the City of Palo Alto Charter. On March 31, 2004, the City/School Liaison Committee reviewed the issue and new information from the City Attorney’s Office about the possibility of using a license or lease arrangement to allow the encroachment to continue. The City/School Liaison Committee did not make a recommendation to the Council, but did ask that staff research and present the documentary history of the encroachment when it returned to the City Council for a decision on this issue. The City/School Liaison Committee was also made aware of the District’s prior agreement to remove the encroachment by a date certain and to indemnify the City against any costs resulting from the encroachment. DISCUSSION In response to the request of the City/School Liaison Committee, staff developed a summary of the history of the encroachment: Rinconada Park/Walter Hays Encroachment Timeline March 1998: City Surveyor discovers that portable buildings at Walter Hays have been located within Rinconada Park April 13, 1998: Letter from City Manager June Fleming to then-Superintendent Don Phillips proposing a resolution to the encroachment: a) District acknowledges that it inadvertently encroached b) Encroachments will be removed by September 1, 2002 c) During the period of encroachment, District will hold City harmless and pay litigation costs CMR: 330:04 Page 2 of 4 May 19, 1998: Board of Education adopts a Resolution agreeing to the terms of the April 13, 1998 letter (Attachment 2) May 29, 1998: Then-Superintendent Phillips signs agreement January 5, 2001: Letter from Don Phillips requesting a two-year extension (approved verbally by City Manager Frank Benest) March 11, 2002: Letter from Superintendent Callan presenting proposal from Walter Hays parents to exchange land September 30, 2003: Letter from City Manager Frank Benest to Superintendent Callan, extending to December 8, 2003 November 13, 2003: Parks and Recreation Commission recommends the Council deny the proposed land exchange December 9, 2003: Policy and Services Committee consideration of proposed land exchange March 31, 2004: exchange City/School Liaison Committee review of proposed land On J~aly 6, 2004, Deputy Superintendent Bob Golton sent a letter to the City supporting the Policy and Services Committee recommendation and offering to pay half of the cost of the election in November 2005 (Attachment 1). The District provided information on what it would cost to relocate the portable classrooms, which are provided with plumbing because of their use for kindergarten classes. Staff recommends that Council accept the District’s offer for several reasons. Staff is respectful of the fact that dedicated parkland is an issue of such importance to Palo Alto that governing provisions were incorporated into the City Charter by a voter initiative. The District legally obligated itself to cure the encroachment on Rinconada Park by September 1, 2002, as well as indemnifying the City for all costs related to the encroachment (Attachment 2). However, the cost for the District to relocate the encroaching structures is very high, at a time when both the District and the City are struggling to absorb the financial impact of both the continuing recession and the State budget. The District will have every incentive to actively support the ballot measure in CMR: 330:04 Page 3 of 4 November 2005, given the fact that if the measure loses, it will be obligated to cure the encroachment. ~ RESOURCE IMPACT The City Clerk’s Office_has ~estimated the cost of a ballot measure on the November 2005 ballot (Policy and Services Committee recommendation) as $100,000. The difference reflects the fact that there will be a Council election in November 2005. Under the terms of the District’s indemnification of the City for litigation costs associated with the encroachment, the District is obligated to pay for the costs of the election. If Council accepts the staff recommendation, the City’s share of the costs of the election would be budgeted in the 2005-07 Budget. PREPARED BY: CITY MANAGER APPROVAL: EMIL~’RRISON \ Assistant City Manager City Manager ATTACHMENTS Attachment 1: Letter from Bob Golton, Deputy Superintendent, Palo Alto Unified School District Attachment 2: Resolution of the Palo Alto Unified School District Abating Water Hays School Encroachment into Rinconada Park CMR: 330:04 Page 4 of 4 Attachment 1 Harrison, Em~_____ _ From: Sent: To: Cc: Subject: Bob Golton [bgolton@pausd.org] Tuesday, July 06, 2004 10:29 AM Harrison, Emily Mary Frances Callan; Board Members Hays/Rinconada Dear Emily: I am writing on the unfortunate Hays/Rinconada land situation. As we have said before, the school district regrets the inadvertent encroachment on to the Palo Alto park land of a portion of the portables and play yard at the Walter Hays school site. The original portables were installed to allow primary grade students to benefit from an unexpected State-funded program that reduced class size to 20 students. Although I was not in the district at the time, my understanding is that the original portables were installed according to drawings from a remodel in the 1970’s, and no one, including the City maintenance people and others familiar with both sites, was aware of the encroachment until the district surveyed for placement of a fence at a later date. The District’s present practice is now to survey before doing any construction near borders. We appreciate the effort City staff put into saving community funds through a land exchange. City Attorney Ariel Calonne had concluded that, consistent with the City’s park ordinances, the City and the District could exchange such small portions of land by a publicly adopted ordinance subject to a community referendum. As you know, we paid for a survey of the land to be swapped, and installed landscaping according to that plan. The new fencing provides that the school land that was to be exchanged is now on the Rinconada side of the fence. The small land exchange was fully discussed at the School/City Liaison Committee meetings and among staff. Moreover, the school district.provided the City with an easement of school land along Embarcadero Road in addition to the school land that was slated to be exchanged. Now, however, the option for an exchange through an ordinance is apparently no longer viable from the City’s point of view. It is our understanding that the City’s current perspective is that an election, with its attendant cost of over $i00,000, is necessary to enact the land swap. We understand that the City wants to alleviate the park encroachment as soon as possible. As we have explained, due to State laws governing school sites, a work crew cannot simply start moving the buildings. State law requires that such proposed reconfiguration be submitted, with plans, to the Division of the State Architect (DSA). Just as the school district is subject to having plans reviewed by the Palo Alto Fire Department, the district is equally subject to approval requirements from the DSA. Even moving more expeditiously, the construction could not be completed by the start of this school year and so would prove a tremendous disruption to the education program at Hays.’ Moreover, we do not believe that reconfiguring the sites would be in the community’s best interest. Nearly everyone familiar with the sites seems to agree that the portable placement, while regrettable from the viewpoint of the encroachment, has little affect on Rinconada Park, and that the current configuration, while infringing on the park land, is better for both the school and the park. It provides the optional grouping of our kindergarten classes while providing more contiguous play space in the park. The area is currently fenced and landscaped according to the proposed exchange. As we understand the difficulties, the concern is not so much that the encroachment or that the exchange interferes with the use of the park, but rather that fidelity to the importance of the park land provisions in the City Charter require a public vote. Accordingly, under the current interpretation of the ordinances, the play yard and portables must be moved or an election held. The City’s Policy and Services Committee recommended a ballot measure to authorize small land swaps. Between the two available alternatives, moving the portables and a land swap, we also believe that the public interest would best be served by an election. From a financial standpoint, the election would cost taxpayers less. Moving the portables, cutting back the kindergarten play yard, and reconfiguring the existing landscaping would cost over $300,000. In contrast, putting the land exchange on the ballot at a regularly scheduled election would cost approximately $I00,000. With an election, the amount of park land would remain the same and the school would be able to retain its existing configuration. In addition, the school district has already provided the City with the requested easement along Embarcadero. Thus, it seems that continuing with the proposed land swap is the better course for our community. It is our understanding that, pursuant to the Charter, the Council would place the issue ~on the ballot. The district is interested in continuing to collaborate on the costs as you and I have discussed, and would agree to split the cost of an election. We would of course appreciate reviewing what would be placed on the ballot. We do not anticipate any problem with the land exchange being approved by the voters. The only concerns brought to our attention have involved the procedure, ordinance versus election, not the merits of the exchange. We hope that we will finally resolve this unfortunate encroachment and we appreciate the City’s cooperation throughout the process. Yours truly, Bob Golton Depuny Superintendent Attachment 2 RESOLUTION ABATING WALTER HAYS SCHOOL ENCROACHMENT INTO RINCONADA PARK WHEREAS, The Palo Alto Unified School District ("District") acknowledges that it inadvertently placed two portables and constructed playground structures within the boundaries of Rinconada Park, a facility owned by the City of Palo Alto ("City"). THEREFORE, BE IT RESOLVED by the Board of Trustees of the Palo Alto Unified School District (the "Board") that the Board determines and acknowledges that: 1.The encroaching portables and playground structures shown on the attached sketch (Exhibit A) will be removed from Rinconada Park prior to September 1,2002. If the encroachments have not been removed by September 1, 2002, the City may, upon thirty (30) days written notice, remove the encroachments at District’s sole cost and expense. City may also, at its option, choose other remedies available herein, or available by law, During the.period of encroachment, the District agrees to indemnify, hold harmless and defend City, its officers, agents, and employees against any and all claims, liability, demands, damages, cost, expenses or attorneys’ fees arising out of the District’s operation or maintenance of the encroaching facilities described herein. In the event City is named as co-defendant, Distdct shall notify City of such fact and shall represent City in such legal action unless City undertakes torepresent itself as co- defendant in such legal action, in which event District shall pay to City its litigation costs, expenses and attorneys’ fees. BE IT FURTHER RESOLVED THAT the Board of Education authorizes the Superintendent or his designee to execute and convey necessary documentation to the City to abate the encroachment. PASSED AND ADOPTED by the Board of Education of the Palo Alto Unified School District on the nineteenth day of May 1998 by the following votes: AYES:S. Richardson, Do Way, J..Barton, C. Kroymann, J. Tuomy NOES: ABSENT: Susie Richardson, President, Board of Education Palo Alto Unified School District County of Santa Clara ) State of California ) Eucatil~’’~’don ....’~I~", ....o,e~olnu is a true and corre~ ,.,.~y of a reso,=tion of the Board of of the Palo Alto Unified School District, Santa Clara County, State of California, adopted by said Board of Education at its meeting on Donald A. Phillips, Board of Education Palo Alto Unified School District State of Calif6rnia County of Santa Clara On May 29:1998 , before me,Susan J. Harris~ Notary Public "Date Name and Title of Officer (e.g,, "Jane Doe. Notary Public") personally appeared Donald A. Phillips ¯Name[sl of Signer(s) [] personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedtheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. WITNESS my hand and official seal. Piece Notary Seal Above J--- --"’r:Jig~ture Of N’~tary Public -- OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. . Description of Attached Document Title orTypeofDocument: Letter of ~eso!ution from City of Pale Alto Document Date: April 13, 1998 Number of Pages:2 Signer(s) Other Than Named Above: N/A Capacity(ies) Ctaimed by Signer Signer’s Name: Donald A, Phillips ~~ Individual top of thumb here ,~ Corporate Officer -- Title(s): [] Partner--[] Limited Tq General [] Attorney in Fact [] Trustee [] Guardian or Conservator ,~ Other: Superintendent Signer lsRepresenting: Palo Alto Unified School District © 1997 National Notary Association. 9350 De Sore Ave~ P,O. Box 2402 ¯ Chatswodh, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827