HomeMy WebLinkAbout2004-11-08 City Council (7)City of Palo Alto
C ty Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE:
SUBJECT:
NOVEMBER 8, 2004 CMR: 469:04
ADOPTION OF A RESOLUTION OF INTENTION SETTING A
PUBLIC HEARING ON A PROPOSED EXCHANGE BETWEEN
THE CITY OF PALO ALTO AND THE PALO ALTO UNIFIED
SCHOOL DISTRICT OF MINOR PORTIONS OF LAND TO
ADJUST THE BOUNDARY BETWEEN WALTER HAYS SCHOOL
AND RINCONADA PARK
RECOMMENDATION
Staff recommends that the City Council approve the attached Resolution ’of Intention to
set a public hearing for December 13, 2004 on a proposed land exchange with the Palo
Alto Unified School District (PAUSD) in which the City would convey a minor portion
of Rinconada Park for an equal portion of Walter Hays School property. Holding a
properly noticed hearing is the first required step in the land exchange process.
BACKGROUND
At its meeting on July 12; 2004, .Council approved a motion to direct.staff to return with
an ordinance to provide a land exchange with PAUSD. "
DISCUSSION
The Charter of the City of Palo Alto, incorporating Government Code section 38441,
allows the City Council to. convey "a minor portion of such [dedicated] park in exchange
for an equal or greater area or value of privately owned land contiguous to the park" after
providing notice and hearing, determining that the exchange is in the public interest, and
adopting a resolution. The attached resolution establishes the notice requirements and
sets a public hearing on the exchange between the City and the School District for
December 13, 2004.
Ch/iR:469:04 Page 1 of 2
RESOURCE IMPACT
Notice and public hearing are required to complete the land exchange. The exchange
itself will not impact current park costs or uses because it involves areas of land equal in
size and value.
POLICY IMPLICATIONS
The City is required to provide notice and a public hearing before approving a land
exchange involving a minor portion of dedicated park property.
ENVIRONMENTAL REVIEW
The proposed ordinance and property exchange are categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) under CEQA
Guidelines section 15305; therefore, no environmental assessment is necessary.
ATTACHMENTS
Attachment A: Resolution of Intention
Attachment B: July 12, 2004 Council Minutes
Attachment C: Site map showing proposed areas to be exchanged
PREPARED BY:
WILLIAM W. FELLMAN
Manager, Real Property
DEPARTMENT HEAD APPROVAL:
CARL YEATS /
Director/Administ4ative Services
CITY MANAGER APPROVAL:
,Y HARRISON
Assistant City Manager
CMR:469:04 Page 2 of 2
ATTACHMENT A
NOT YET APPROVED
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO SETTING A TIME AND PLACE FOR A PUBLIC
HEARING ON A PROPOSED EXCHANGE OF LAND BETWEEN
THE CITY OF PALO ALTO AND THE PALO ALTO UNIFIED
SCHOOL DISTRICT ADJUSTING THE BOUNDARY BETWEEN
WALTER HAYS SCHOOL AND RINCONADA PARK,A
DEDICATED PUBLIC PARK,WITHOUT INCREASING OR
DECREASING THE AREA OF EITHER PROPERTY
WHEREAS, in 1996 and 1997 the Palo Alto Unified School
District ("the District") inadvertently encroached upon a
portion of Rinconada Park, a dedicated public park located at.
799 Embarcadero Road, when placing fencing and classrooms for
kindergarten and daycare programs at the adjacent Walter Hays
School; and
WHEREAS, the encroachment is minor and does not
interfere with the use of the park, while the cost of relocating
the encroaching structures is great; and
WHEREAS, the boundary between the school and the park
can be adjusted so that the District and City each receive land
of equivalent area and value and the area of encroaohment
becomes the property of the District, thereby ending the
encroachment; and
WHEREAS, Article VIII of the Charter of the City of
Palo Alto incorporates by reference California Government Code
Section 38441 authorizing a city council to convey "a minor
portion of such [dedicated public] park in exchange for equal or
greater area or value of privately owned land contiguous to the
park" after notice and a public hearing;
NOW, THEREFORE, the Council of the City of Palo Alto
does RESOLVE as follows:
SECTION i. The City Council hereby sets a public
hearing on the proposed exchange of land on December 13, 2004 at
7:00 p.m. or as soon thereafter as practicable, in the City
Council Chambers at 250 Hamilton Avenue, Palo Alto, California.
SECTION 2. The 0.193-acre areas of land (8,405 square
feet each) to be exchanged are shown in Exhibit A attached to
this resolution and a part of it. The legal description of the
land to be transferred to the District is set forth in Exhibit B
attached to this resolution and a part of it; the legal
041102syn 0091524 1
NOT YET APPROVED
description of the land to be transferred to the City and
dedicated as part of Rinconada Park is set forth in Exhibit C
attached to this resolution and a part of it.
SECTION 3. The City Clerk shall cause this notice to be
published twice in a daily newspaper published and circulated in
the City, or if there is none, twice in a weekly or semiweekly
newspaper so published and circulated. Publication shall be
completed at least twenty days before the time set for the
hearing.
SECTION 4. The Director of Community Services shall
cause at least three notices of the adoption of this resolution
to be posted conspicuously not more than three hundred feet
apart along the exterior boundaries of the area proposed to be
exchanged. Notices shall be headed "Notice of proposed
discontinuance of public park land," shall state the date of
adoption of this resolution, and recite the facts herein.
Posting shall be completed at least twenty days before the time
set for hearing.
SECTION 5. The proposed exchange of land is
categorically exempt from the requirements of the California
Environmental Quality Act ("CEQA") under CEQA Guidelines section
15305.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
City Attorney City Manager
Director of Administrative
Services
041 I02 syn 0091524 2