HomeMy WebLinkAbout2004-12-13 City Council (13)City of Palo Alto
City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT:ADMINISTRATIVE
SERVICES
DATE:
SUBJECT:
DECEMBER 13, 2004 CMR: 506:04
APPROVAL OF A RESOLUTION AND ADOPTION OF AN
ORDINANCE AUTHORIZING THE EXCHANGE OF LAND
BETWEEN THE CITY OF PALO ALTO AND THE PALO ALTO
UNIFIED SCHOOL DISTRICT FOR THE PURPOSE OF
ADJUSTING THE BOUNDARY BETWEEN WALTER HAYS
SCHOOL AND RINCONADA PARK
RECOMMENDATION
Staff recommends that the City Council hold a public hearing, and then approve the attached: 1)
Resolution overruling any protests and authorizing the exchange of land between the City of Palo
Alto and the Palo Alto Unified School District for the purpose of adjusting the boundary between
Rinconada Park and Walter Hays School without increasing or decreasing the area of either
property; 2) Ordinance adjusting the boundary of Rinconada Park; and 3) Agreement for
Exchange of Real Property Pursuant to Government code Sections 38440 et seq. The purpose of
the exchange is to abate the Walter Hays School encroachment into Pdnconada Park.
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, PAUSD agreed by resolution to correct the
encroachment no later than September 1, 2002.
Subsequently, PAUSD requested that the City consider a proposal of an exchange of land where
by the City grants it the land necessary to accommodate the structures currently on City
parkland, and in exchange, PAUSD would grant the City an equal portion of its land. On June
23, 2003, the City Council referred to the Parks and Recreation 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 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.
CMR:506:04 Page 1 of 4
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 voted 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 July 6, 2003, the PAUSD 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. The Palo Alto City Clerk estimated the cost of the ballot
measure as $100,000. The PAUSD estimated the cost to remove portables, cut back the
kindergarten play yard and to reconfigure the existing landscaping at $300,000.
On July 12, 2004, Council considered the staff recommendation to: 1) accept the PAUSD offer
to pay half of the cost of the November 2005 election; and 2) 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. Council did not approve the staff recommendation and instead
approved a motion to direct staff to return with an Ordinance to provide a land exchange with the
Palo Alto School District and not go to an election.
On November 8, 2004, Council approved a resolution of intention setting a public hearing for
December 13, 2004 on the proposed exchange with the 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.
DISCUSSION
At its meeting July 12, 2004, Council members expressed concern about the high cost to both the
City and the PAUSD of accomplishing the exchange by means of a Charter amendment to be
placed on the ballot for voter approval. An alternative, which the Council preferred, was to
accomplish the exchange through an Ordinance, which would apply only to this particular land
exchange, and which would not interfere, change or modify the Charter or park dedicated lands.
The Charter of the City of Palo Alto requires that the electorate approve any sale or other
disposition of dedicated park property, except when the City Council conveys "a minor portion
of such park in exchange for equal or greater area or value of privately owned land contiguous to
the park" after notice and a public hearing. The proposed exchange and boundary realignment
between Rinconada Park and Walter Hays School involves a minor portion of the park. The total
area of the park is 491,742 square feet (11.2888 acres). The City will receive 8,405 square feet
(0.193 acres) and convey 8,405 square feet (0.193 acres). The City will receive land of an equal
area and value to that it conveys. The park will be as useful for park, recreation, open space and
conservation purposes after the exchange as it was before the encroachment occurred.
In accordance with the City Charter, the attached Resolution authorizes the exchange between
the City and the PAUSD of the minor portions of land in Rinconada Park and Walter Hays
School respectively. As stated in the resolution, notice of the exchange is in the public interest
CMR:506:04 Page 2 of 4
because it will preserve the physical and operational integrity of Rinconada Park and Walter
Hays School and prevent the waste of scarce resources better devoted to the education of
children and maintenance of parks; and the procedure is in compliance with the Palo Alto City
Charter and the State law. The attached Agreement between the City and the PAUSD will
accomplish the exchange according to specific terms and conditions, including the requirement
that each party pay its own expenses related to the exchange and that the PAUSD indemnify and
hold harmless the City from all claims related its use of the City’s property.
Following Council approval of the attached Resolution and Agreement, documents will be
executed and deeds accomplishing the exchange recorded. Also attached for introduction is an
Ordinance to realign the Rinconada Park boundary.
RESOURCE IMPACT
The property exchange involves equivalent areas of land in terms of size and value. The property
exchange will not impact current park use or associated costs.
POLICY IMPLICATIONS
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 a
public hearing, determining that the exchange is in the public interest, and adopting a resolution.
ENVIRONMENTAL REVIEW
The proposed resolution and property exchange agreement 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:
Attachment B:
Attachment C:
Attachment D:
Resolution Authorizing the Property Exchange
Agreement for Exchange of Real Property
Site map showing proposed areas to be exchanged.
Ordinance to Adjust the Rinconada Park Boundary
PREPARED BY:
WILLIAM W. FELLMAN
Manager, Real Property
CMR:506:04 Page 3 of 4
DEPARTMENT HEAD APPROVAL:
CARL
Administrative Services
CITY MANAGER APPROVAL:
EMILY
Assistant City Manager
cc: Palo Alto Unified School District
CMR:506:04 Page 4 of 4
NOT YET APPROVED
Attachment A
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO AUTHORIZING THE. EXCHANGE OF LAND BETWEEN
THE CITY OF PALO ALTO AND THE PALO ALTO UNIFIED
SCHOOL DISTRICT FOR THE PURPOSE OF ADJUSTING THE
BOUNDARY BETWEEN WALTER HAYS SCHOOL AND
RINCONADA PARK, A DEDICATED PUBLIC PARK, WITHOUT
INCREASING OR DECREASING THE AREA OF EITHER
PROPERTY
WHEREAS, Rinconada Park is an ll.288-acre site located
at 799 Embarcadero Road, owned by the City of Palo Alto and
dedicated to park, playground, recreation, or conservation
purposes. It shares a common boundary with the Walter Hays
School, owned and operated by the Palo Alto Unified School
District (~District.") A footpath, located on Rinconada Park,
runs parallel to this common boundary; and
WHEREAS, for many years there was no fencing between the
two sites and the public passed freely between them. In 1996
and 1997, relying on plans and drawings prepared in 1970 for a
previous building renovation, the District installed relocatable
classrooms on the Walter Hays School site and built a low fence
between the parcels. A subsequent survey by the City determined
that portions of the classrooms and the fencing encroached on
Rinconada Park; and
WHEREAS, when the error was discovered, the District
promised to relocate its facilities and remove the encroachment.
It did not do so because there was an ongoing need for the
encroaching classrooms and fencing and the expense of relocating
them even a few feet to remove the encroachment would be
substantial, and
WHEREAS, Article VIII of the Charter of the City of Palo
Alto, requiring that the electorate approve any sale or other
disposition of dedicated park property, incorporates by
reference provisions of the genera! law of the state of
California as it existed January i, 1965 describing procedures
for abandonment or disposal of dedicated city parklands.
Government Code Sections 38440 and following call for special
elections before abandonment or disposal of parklands, except
when. the city council conveys "a minor portion of such park in
exchange for equal or greater area or value or privately owned
land contiguous to the park" after notice and a public hearing;
and
041129 syn 0091525
NOT YET APPROVED
WHEREAS, the proposed boundary realignment between
Rinconada Park and Walter Hays School involves a minor portion
of the park. The total area of the park is 491,742 square feet.
The city will receive 8,405 square feet of land and convey 8,405
square feet. The City will receive land of an equal area and
value to that which it conveys. The park will be as useful for
park, recreation, open space and conservation purposes after the
realignment as it was before the encroachment occurred; and
WHEREAS, removal of the encroachment and relocation of the
fence on to the current Walter Hays School site would not
improve the use of Rinconada Park for park, playground,
recreation or conservation purposes. The~ encroachment is very
small and was not perceptible until a survey was performed. It
is shown in the aerial photograph attached to this resolution as
Exhibit A; and
WHEREAS, the City Council adopted Resolution 8474 on
November 8, 2004 setting a public hearing on the proposed land
exchange. The resolution set the public hearing for
December 13, 2004. The resolution was published twice in a
semiweekly newspaper pursuant to Government Code Section 38445
at least twenty days before the date of the hearing. At least
three notices of this hearing were posted conspicuously by the
Director of Community Services not more than 300 feet apart on
the boundaries of the area proposed to be added to the Walter
Hays School site at least twenty days before the hearing; and
WHEREAS, the public hearing was held on December 13,
2004, at which time all those wishing to speak were heard. The
council considered all testimony presented and all protests
filed with the City Clerk before the commencement of the
hearing; and
WHEREAS, the exchange is in the public interest because
it will preserve the physical and operational integrity of
Rinconada Park and Walter Hays School and prevent the waste of
scarce resources better devoted to the education of our children
and the maintenance of our parks; and
WHEREAS, this procedure is in actual and substantial
compliance with the Charter of the City of Palo Alto and the law
of the State of California; and
WHEREAS, all protests to the exchange are overruled;
04! 129 syn 0091525
2
NOT YET APPROVED
NOW, THEREFORE, the Council of the City of Palo Alto
does RESOLVE as follows:
SECTION i. The City Council hereby authorizes the
exchange between the City and the Palo Alto Unified School
District of the .193-acre areas of land (8,405 square feet each)
shown in Exhibit B attached to this resolution and a part of it.
The~ legal description of the land the City is authorized to
convey to the Palo Alto Unified School District is set forth in
Exhibit C attached to this resolution and a part of it. The
legal description of the land the City is authorized to accept
in exchange for the land described in Exhibit C is set forth in
Exhibit D attached to this resolution and a part of it.
SECTION 2. The Council finds that the property exchange
authorized by this resolution 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:
Senior Asst. City Attorney City Manager
Director of Community
Services
Director of Administrative
Services
041129 syn 0091525
Attachment B
AGREEMENT FOR EXCHANGE OF REAL PROPERTY PURSUANT
TO GOVERNMENT CODE SECTIONS 38440 et seq.
This agreement for exchange of real property ("Agreement")
is made and entered into by and between the CITY OF PALO ALTO, a
chartered municipal corporation of the State of California
("City") and the PALO ALTO UNIFIED SCHOOL DISTRICT ("Distrfct")
who agree as follows:
RECITALS
District is tie owner of a certain parcel of land located
in the City of Palo Alto, County of Santa Clara, State of
California, a .193 acre portion of which is described in
Exhibit "A", attached hereto and incorporated by reference
("District’s Property").
City is the owner of a certain parcel of land located in
the City of Palo Alto, County of Santa Clara, State of
California, a .193 acre portion of which is described in
Exhibit ~B", attached hereto and incorporated by reference
("City’s Property").
Co The City Council of the City of Palo Alto ("City Council")
has found and determined that exchanging City’s Property
for District’s Property will serve the public interest and
necessity.
Cityand District (the "Parties") desire to exchange City’s
Property and District’s Property as permitted by City of
Palo Alto Charter Article VIII and Government Code Section
38441, all upon the following terms and conditions.
NOW, THEREFORE, in consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
EXCHANGE. District agrees to convey District’s Property to
City and City agrees to convey City’s Property to District
("the Exchange"), upon the terms and conditions set forth.
I.I.The effective date ("Effective Date") of this
Agreement is the Tuesday following the Monday evening
City Council meeting during which the Council approves
the Agreement. For purposes of this Agreement the
Effective Date is , 2004.
041025 sm 0110083
1.2. Distric~ agrees to convey
described in Exhibit ~A".
to City the property
1.3.City agrees to convey
described in Exhibit ~B".
to District the property
COSTS AND EXPENSES. District and City shall each pay their
own costs for document preparation, courier and notary
fees.
CONDITIONS. Parties’ obligation to exchange the Properties
under this Agreement is conditioned upon District’s and
City’s approval of the specified conditions set forth
below. If either party expressly disapproves such-
conditions in the manner and time periods set forth below
then that party shall have the right to terminate this
Agreement. If either party fails to deliver written notice
of disapproval of a condition to the other party within the
time period set forth below, then the condition shall be
deemed approved by the party failing to provide timely
notice of disapproval.
DISCLAIMER; INDEMNIFICATION; AND WAIVER.
4.1.Indemnification. District agrees to protect, defend,
indemnify and hold harmless, City, its officers,
employees, representatives, and agents, from and
against any and all claims, costs, losses, demands,
debts, liens, liabilities, causes of action, suits,
legal or administrative proceedings, interest; fines,
charges, penalties and expenses, including without
-limitation, attorneys’ fees and court costs, of
whatever kind or nature (collectively, "claims"),
whether paid, incurred, suffered, alleged, asserted,
or related thereto arising directly or indirectly from
or attributable to District’s use of, or conditions
existing or alleged to exist in, on, under, above, or
about City’s Property on or after the Effective Date,
including but not limited to or any latent or patent
defect in either Property, including any improvements
located thereon. To the fullest extent permitted by
law, the foregoing hold harmless and indemnification
provision shall apply except where such claim is the
result of sole active negligence or willful misconduct
of City or District, its officers, employees,
representatives, or agents.
041025 sm O110083 2
4.2.Materiality. District acknowledges and agrees that
the defense, indemnification, protection and hold
harmless obligations of District for the benefit of
City set forth in this Agreement are a material
element of the consideration to the City for the
performance of City’s obligations under this
Agreement, and that the City would not have entered
this Agreement but for such obligations of District as
provided for herein.
REPRESENTATIONS AND WARRANTIES. In addition to any express
agreements of City and District otherwise contained in this
Agreement, the following representations and warranties
shall be true and correct as of the Effective Date (andthe-
truth and accuracy of which shall constitute a condition of
City and District to the Exchange and which shall survive
the Exchange):
ao The execution of this Agreement by City and District,
the performance by CitY and District, and the exchange
contemplated have been duly authorized on the parts of
City and District, and the person or persons signatory
to the Agreement on behalf of City and District have
full power and authority to execute same.
i.City has been given the opportunity to sufficiently
inspect District’s Property, and District has been
given the opportunity to sufficiently inspect
City<s Property.
MISCELLANEOUS PROVISIONS.
6.1¯Notices. All notices or other communications required
or permitted hereunder shall be in writing, addressed
to the person to receive such notice at the addresses
set forth next to the signatures of District and City
below, and shall be personally delivered, sent by
courier service, sent by facsimile transmission (if
also sent by one of the other methods provided in this
Section) or sent by registered or certified mail,
first class postage prepaid, return receipt requested.
These addresses shall be used for service of process.
Notice shall be effective or deemed effective on the
date of delivery, if personally delivered or sent by
courier service, on the date of transmittal if sent by
facsimile or if mailed, three (3) days after deposit
041025 sm O110083 3
with the United States Postal Service. Any party to
this Agreement may change its address for receipt of
notices by giving notice to the other party in the
manner set forth in this Section. Neither the
rejection of a notice by the addressee nor the
inability to deliver a notice because of a change of
address for which no change of address notice was
received, shall affect the date on which notice is
deemed received.
6.2 Recordation. City shall not record or cause to be
recorded in the Santa Clara County Recorder’s Office
this Agreement or a short form memorandum of this
Agreement.
6.3 Required Actions of District and City. District and
City agree to execute such instruments and documents
and to diligently undertake such actions as may be
required in order to consummate the exchange herein
contemplated, and shall use reasonable efforts to
accomplish the Exchange in accordance with the
provisions hereof.
6.4 Time of Essence. Time is of the essence in the
performance of each and every term, condition,
obligation and provision hereof.
6.5 No Obliqations to Third Parties. Except as otherwise
expressly provided in this Agreement, the execution
and delivery of this Agreement shall not be deemed to
confer, any rights upon, or obligate any of the parties
to this Agreement, to any third person or entity.
6.6 Waiver. The waiver, of any breach or violation of any
term or condition or failure to enforce any provision.
of this Agreement by City shall not operate as a
waiver of any other term or condition contained in
this Agreement or a waiver of any subsequent breach or
violation of the same or any other term or condition.
6.7 Applicable Law. This Agreement is made in and shall
be construed in accordance with the laws of the State
of California.In the event either party brings suit
hereunder, the parties agree that venue for such
action shall be vested in the state courts of
California in the County of Santa Clara.
041025 sm O110083 4
//
//
//
6~8 Entire Agreement. This Agreement supersedes any prior
oral or written understandings or agreements and
contains the entire agreement between District and
City regarding the exchange of the Properties.The
terms of this Agreement may not be modified or amended
except in writing and no subsequent agreement,
representation, or promise made by either party
hereto, or by any employee, officer, agent or
representative of either party shall be of any effect
unless it is in writing and executed by the party t~
be bound thereby.
6.9 Exhibits. All exhibits and addenda referred to
herein, and any exhibits or schedules which may from
time to time be referred to in any duly executed
amendment to this Agreement, or any exhibits or
addenda attached hereto, are by reference incorporated
into this Agreement and shall be deemed a part hereof
as if fully set forth herein.
6.10 Binding on Successors. This Agreement inures to the
benefit of and is binding on, the parties, and their
respective heirs, personal representatives, successors
and assignees.
6.11 Offer to Exchange. This Agreement, until executed by
both District and City, shall be deemed an irrevocable
offer by District to exchange property with City on
the terms set forth herein. In no event shall this
Agreement be deemed accepted by or binding upon City
until the City Council of the City of Palo Alto has
approved the terms and provisions of this Agreement;
this approval shall be at the sole discretion of the
City Council. In the event this Agreement is not
approved by the City Council, City then agrees to ~ake
such actions and execute such instruments as District
deems necessary in order to waive, release and/or
discharge any right, title or interest City may have
in District’s Property.
041025 sm 0110083 5
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the dates set forth opposite their respective
signatures.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Gary M. Baum
City Attorney
APPROVED:
Assistant City Manager
Mayor
PALO ALTO UNIFIED SCHOOL
DISTRICT
By:
Cathy Kroymann
President, Board of
Education
APPROVED:
By:
Mary Frances Callan
Superintendent
APPROVED AS TO FORM:
By:
District Counsel
EXHIBITS:
Exhibit ~A":
Exhibit "B":
Legal Description of District’s Property
Legal Description of City’s Property
041025 sm O110083 6
EXHIBIT
LEGAL DESCRIPTION OF DISTRICT’S PROPERTY
2020076
Exhibit "A"
Legal Description
All that certain real property situated in the City of Palo Alto, County of Santa Clara,
State of California, being a portion of that parcel shown as "Walter Hayes Elementary
School "as shown on that certain Record of Survey recorded in Book 707 of Maps at
Pages 14 & 15, Santa Clara County Records, more particularly described as follows:
Beginning at the most Easterly corner of said parcel, said point being on the Northerly
line of Embarcadero Road; thence along the Easterly line of said parcel North 19°47’00’’
East, 370.70 feet to the Northerly line of said parcel; thence along said Northerly line
North 89°57’00’’ West, 41.50 feet; thence leaving said Northerly line and along the
following seven (7) courses:
1) South 48035’59’’ East, 70.80 feet
2) South 19047’00’’ East, 27.28 feet
3) Along the arc of a non-tangent curve to the left whose radius bears South
48016’27" East, 80.10 feet, through a central angle of 90°07’43’’, a distance of
126.00 feet
4) South 48°24’10" East, 30.18 feet
5) Along the arc of a curve to the right having a radius of 60.00 feet, through a
central angle of 45°53’54’’, a distance 48.06 feet
6) South 02030, 16" East, 23.48 feet
7) Along the arc of a curve to the left having a radius of 30.00 feet, through a
central angle of 61°56’47’’, a distance of 32.44 feet
8) Along the arc of a curve to the right having a radius of 55.00 feet, through a
central angle of 40°39’56’’, a distance 39.04 feet
9) South 23°47’07’’ East, 26.46 to the Point of Beginning
Containing 8,405 Square Feet, 0.193 acres, more or less.
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