HomeMy WebLinkAbout2003-12-08 City Council (5)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL 3
FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE:DECEMBER 8, 2003 CMR: 545:03
SUBJECT:APPROVAL OF ORDINANCE DEDICATING 2.01 ACRES OF THE
LAND FORMERLY KNOWN AS THE PALO ALTO MEDICAL
FOUNDATION SITE FOR PARK LAND
REPORT IN BRIEF
This report asks Council to approve an ordinance dedicating 2.01 acres of land, formerly
known as the Palo Alto Medical Foundation site, as parkland. Once dedicated, an interim
park will be designed and constructed. As part of the dedication ordinance, staff is
requesting Council allow for the possible future construction of emergency underground
water storage facilities under the park site. Should the water project meet all
environmental, planning, technical and financial requirements and be approved by
Council to go forward, the Utilities enterprise fund through payment for use of the land
could substantially fund the construction of a fully-developed park. Staff is
recommending that the .41 acre Roth Building site not be dedicated until its future use
and funding is determined. Additionally, staff is requesting that the naming of the park
be delayed until March 2004, when the Historical Association has ample time to collect
and prioritize submitted names.
CMR:545:03 Page 1 of 6
RECOMMENDATION
Staff recommends:
1. Council approve the attached ordinance (Attachment A) reserving 2.01 acres of
that certain parcel.of land formerly a portion of the Palo Alto Medical Foundation
site for park, playground, recreation and/or conservation lands and uses. The
ordinance also acknowledges the possible construction of an underground
reservoir, well and pump station, subject to the conditions outlined in the
ordinance.
o Council waive its policy on naming a park prior to dedication; and direct staff to
return in March 2004 for Council selection from a list of prioritized park names
submitted by the Palo Alto Historical Association.
BACKGROUND
On March 27, 2000, Council adopted the South of Forest Coordinated Area Plan - Phase
I (SOFA CAP) and approved a Development Agreement between the City of Palo Alto
and the Palo Alto Medical Foundation (PAMF). The SOFA CAP includes policies,
development standards and design guidelines to guide public and private land uses and
development. The Development Agreement provides for entitlements, obligations, and
conveyance of certain properties for private and public development in conformance with
the adopted SOFA CAP.
As part of the Development Agreement, the City secured 2.01 acres of land, of which
46.98 percent was transferred to the City by the PAMF. The City purchased the
remainder of the land for $4,709,055 from PAMF and $400,000 from the Pinkerton
Family. (See Attachments B and C for full description and map of the property.) The
agreement with PAMF states that the land will be used for the construction and
maintenance of a public park, although a minor portion of the land could be used for
parking for the Roth Building. The agreement also states that the "City shall use its best
efforts to open the Park Land for public use within five (5) years of the closing date (July
19, 2000)."
Additionally, as part of the Development Agreement with PAMF, the City purchased the
property known as the Roth Building for $1,958,100. The property sits on .41 acres of
land and is contiguous to the 2.01 acres purchased for parkland. The City is in the
process of evaluating responses to a Request for Proposals for non-profit organizations to
lease and renovate the Roth building (CMR 161:02).
In order to receive feedback from residents of the SOFA neighborhood, a special meeting
was held on November 6, 2003 with staff representatives from most of the City
departments participating in the development of the park site and Roth building. Staff
presentations covered the dedication ordinance, park naming, design development of an
CMR:545:03 Page 2 of 6
interim park, the future development of a fully-developed park, and the potential for an
emergency water storage facility at the site. There was a strong consensus from the
participants to:
¯Build an interim park as soon as feasibly possible.
¯Discontinue additional tree loss. If trees were found to be unhealthy or near the
end of their life cycle, replacement trees should be planted.
¯Create a web site to keep the community up-to-date with park and utility project
information.
¯Appoint one City staff person to be the central "touch point" for all SOFA park
and utility project information.
¯Accept the idea of a potential emergency water storage facility/well, as long as it
did not interfere with the future design of the fully-developed park. Enterprise
fund payments for the use of the land could help finance permanent park
improvements.
DISCUSSION
Article VIII of the City Charter states:
"All lands owned or controlled by the city which are or will be used for park,
playground, recreation or conservation purposes shall be dedicated for such purposes by
ordinance." Additionally the Charter states that all dedicated parklands shall be listed,
with their legal description and map, in Section 22 of the Municipal Code.
This report recommends dedicating the 2.01-acre site as parkland. The proposed park is
consistent with and implements the SOFA CAP, as well as the policies in the
Comprehensive Plan that guides land use, community services and facilities. With the
adoption of the SOFA CAP, the parkland was rezoned to Public Facilities (PF), which
allows public park development as a permitted use.
Interim Park
Council has approved funding for constructing an "interim" park on the land. (CIP-PG-
02018) The park construction project is described as "interim" because funding for a
fully-developed park (estimated at $1.2 million in 2002 dollars) has not yet been
identified. A fully-developed park normally contains drainage systems, irrigation,
pathways,-landscaping, turf areas, playgrounds, benches, lighting, picnic areas, etc. Once
funding is identified, a fully-developed park will be designed, with neighborhood input,
and constructed.
The interim park will consist only of grading, installing an irrigation system, grassing
over the site, and providing some minor landscaping. Trees and appropriate landscaping
on the site will be preserved if they are in healthy condition and are not at the end of their
life cycle. Staff’s goal is that there will not be a net loss in the number of trees: should
trees be removed or destroyed, new trees will be planted somewhere on the site. The
CMR:545:03 Page 3 of 6
design of the interim park will commence immediately, with the objective of completing
the park by fall 2004.
Possible Future Under~ound Emergency Water Facilities
In order to secure appropriate sites for underground emergency water storage facilities,
including a reservoir, well and pump station, the Utilities Department is currently
conducting studies to determine if the proposed SOFA park site, among other sites, meets
the basic requirements for such a project. If, once the studies are completed, Council
approves placing the underground emergency water supply facilities in the SOFA park,
payments from the enterprise fund for use of the land could be used to substantially fund
the construction of a fully-developed park and provide funding for ongoing park
maintenance.
The proposed park dedication ordinance acknowledges the potential use of the park site
for underground reservoir, well and pump station facilities, but only under the limitations
agreed to with the SOFA neighborhood and described below:
The reservoir, well and pump station structures shall be located underground.
Any above-ground appurtenances, such as ventilation devices, shall be
incorporated into the park design and shall support a park use.
The design, location and operation of the reservoir, well and pump station
structures shall not significantly interfere with or limit park design alternatives.
o The design, location and operation of the reservoir, well and pump station
structures shall not result in a net loss of trees or park acreage.
The underground reservoir, well and pump station structures shall be located at
a sufficient depth so as to not preclude turf, landscape or tree plantings.
A park improvement ordinance shall be adopted in conformance with
Municipal Code section 22.08.005 to permit construction of the reservoir, well
and pump station.
Roth Building
The concept of dedicating this site as a park came to Council on April 23, 2001 in the
form of a Resolution of Intent to Dedicate and Memorandum from former City Attorney
Arial Calonne. (Attachment D) In the memorandum, Calonne advised that the 1.41 acre
portion, that included the Roth building, should not be dedicated at that time because
there was not a feasible private use plan for the building, including some amount of land
in addition to building’s .41 acres, that might be required for parking or other amenities,
to permit resale of the property for private use.
CMR:545:03 Page 4 of 6
The staff recommendation contained in this report dedicates, to park use, all of the land
surrounding the Roth building and not the .41 acres associated with building. Of equal
importance, the uses of the Roth Building proposed by local nonprofits may or may not
be consistent with park dedication. Should it be necessary, in the future, to sell the
building to a private buyer, the building would have be sold without surrounding space
for parking or other amenities, however, the Planning and Transportation Department has
confirmed that there will be nearby, adequate parking should the building’s future use
require it.
RESOURCE IMPACT
The interim park is funded through CIP-PG-02018 at a budget of approximately
$200,000. Community Services Department infrastructure management staffing will be
impacted with the additional work assignment of designing and constructing an "interim"
park. This will delay some existing projects by six to nine months.
The proposed park and landscape areas surrounding the Roth Building will result in
additional maintenance costs for the Parks Division, estimated at between $12,000 -
$15,000 annually. These estimated costs include contracted park maintenance functions
including mowing, trimming, litter pickup, irrigation repair and maintenance, water costs
and staff contract inspection tasks.
Potential furore costs, when the park is fully-developed, in addition to park construction
discussed above, will include utility costs for lighting, "Blue Box" emergency telephone
costs, tree maintenance and trimming, and ongoing maintenance of play equipment,
restrooms, pathways, and other features.
POLICY IMPLICATIONS
The City’s "Naming City-Owned Land and Facilities" policy states that selection of an
appropriate name shall precede the preparation of a park dedication ordinance. Staff is
requesting that this policy be waived so that the Historical Association has ample time to
assemble and prioritize a list of appropriate names for Council consideration. Name
submissions will take place in January 2004 and the prioritized list of park names will be
presented to Council in March 2004.
Whether constructing an interim or fully-developed park or an underground water
facility, staff must submit and Council approve a park improvement ordinance before any
work can be done. This process will allow for full review and input by appropriate
commissions and Council. (Section 22.08.005 of the Municipal Code)
All other recommendations of this report are in accordance with all City policies.
CMR:545:03 Page 5 of 6
ENVIRONMENTAL REVIEW
Dedication of this site as parkland is exempt from the requirements of the California
Environmental Quality Act ("CEQA") under section 15061(b) of the CEQA Guidelines.
In addition, this ordinance implements the SOFA CAP, which designated this site as a 2-
acre park. The SOFA CAP Final Environmental EIR concluded that the provision of a 2-
acre park was a beneficial impact that reduced the SOFA CAP’s potential significant
impact on open space to a less than significant level.
On March 27, 2000 the City Council approved the Final Environmental Impact Report
(EIR) for the SOFA CAP Phase I (Resolution No. 7950). In certifying the Final EIR, the
Council adopted findings that identified that the acquisition of a two-acre parkland would
reduce the potential significant impact on open space to a less than significant level.
Therefore, dedication of the two-acre park is consistent with the SOFA CAP Final EIR.
However, because the final park development or other public improvements were not
completed when the SOFA CAP was approved, additional environmental analysis may be
required in the future with final park design and/or Utilities projects.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Park Dedication Ordinance
Lot Line Adjustment
Lot Line Adjustment Map
Resolution and Memorandum to Council:
and Direction on an Resolution..."
"Council Consideration
PREPARED BY:
APPROVED BY:
Director, Community Services
Community Services
CITY MANAGER APPROVAL:
Emi .arrlson
Assistant City Manager
CMR:545:03 Page 6 of 6
NOT YET APPROVED
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO ADDING SECTION 22.08.390 TO CHAPTER 22.08
(PAB_K DEDICATIONS) OF THE PAL0 ALTO MUNICIPAL
CODE TO DEDICATE A 2.01 ACRE PORTION OF THE LAND
FORMERLY KNOWN AS THE PALO ALTO MEDICAL
FOUNDATION SITE
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION i. Findings and Declarations.
finds and declares as follows:
The City Council
(a) On March 27, 2000, the City Council adopted the
South of Forest Coordinated Area Plan Phase I ("SOFA CAP") and
approved a development agreement between the City-of Palo Alto
and the Palo Alto Medical Foundation ("PAMF"), in part, to
implement the SOFA CAP;
(b) Pursuant to the terms of the PAMF development
agreement, the City acquired by dedication and by purchase from
PAMF a total of 2.01 acres of land designated by the SOFA CAP as
public facility and required by the development agreement to be
used for construction and maintenance of a public park
(excepting minor portions that could be used for Roth building
parking);
(c) The City has determined that no portions of the
2.01 acre parcel are needed for Roth building parking;
(d) The City’s Utilities Department is currently
evaluating sites, including the 2.01 acre park site, for
locating underground emergency water supply facilities,
including a reservoir, well and pump station; and
(e) The City Council wishes to acknowledge and allow
for the possibility that the utility underground emergency water
facilities may be located in the 2.01 park site provided that
certain conditions specified in this ordinance are met.
SECTION 2. Section 22.08.390 is hereby added to the
Palo Alto Municipal Code to read:
~22.08.380.South of Forest Coordinated Area Plan Phase
I Park.That certain 2.01 acre parcel of land, a
portion of the land formerly known as the Palo Alto
Medical Foundation site, as delineated and described in
Exhibit A-26 attached to this chapter and incorporated
031203 sm 0100163 1
NOT YET APPROVED
herein by this reference, is reserved for park,
playground, recreation and/or conservation purposes;
provided however, that underground reservoir, wel! and
pump station facilities necessary for emergency water
supply may be located at this site subject to the
following requirements:
i. The reservoir,well and pump station structures
shall be located underground.Any above-ground
-appurtenances, such as ventilation devices, shall be
incorporated into the park design and shall support a
park use.
2. The design, location and operation of the reservoir,
well and pump station structures shall not significantly
interfere with or limit park design alternatives.
3. The design, location and operation of the reservoir,
well and pump station structures shall not result in a
net loss of trees or park acreage.
4. The underground reservoir, well and pump station
structures shall be located at a sufficient depth so as
to not preclude turf, landscape or tree plantings.
5. A park improvement ordinance shall be adopted in
conformance with Municipal Code section 22.08.005 prior
to construction of the reservoir, well and pump
station."
SECTION 3. The City Council hereby finds that
dedication of this site as parkland is exempt from the
requirements of the California Environmental Quality Act
(~CEQA") under section 15061(b) of the CEQA Guidelines.In
addition, this ordinance implements the South of Forest Area
Coordinated Area Plan ("SOFA CAP"), which designated this site
as a 2-acre park. The SOFA CAP Final Environmental EIR
certified by the City Council on March 27, 2000 concluded that
the provision of a 2-acre park was a beneficial impact that
reduced the SOFA CAP’s potential significant impact on open
space to a less than significant level.
//
//
//
031203 sm 0100163 2
NOT YET APPROVED
SECTION 4. This ordinance sha!l be effective
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
on
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
City Attorney City Manager
Director of Community
Services
Director of Administrative
Services
the
031203 sm 0100163 3
APN 120-17-093 11/20/2003 7:02 AM
Lot Line Adjustment /
Park Dedication- 300 Homer Avenue
A portion of real property- situated in the City of Palo Alto, CounUT of Santa Clara, State
of California more particularly described as follows:
Portion of Lot !(Doc. #15219770 O.R.) and Lands ofPinkerton (Doc. 85290946 O. R.)
as shown on the Tract No. 9388 recorded in maps, Book 748 Pages 53-55 in the office of
the County Recorder more particularly described as follows;
Beginning the most northerly comer of said Lot 1 (Doc. #15219770 O.R.) as shown on
said Tract No. 9388;
Thence along the southwesterly right of way line of Waverley Street, South 50° 40’ 06"
East 209.97 feet to the most easterly comer of said Lot 1;
Thence along the southeasterly line of said Lot 1 to the most southerly comer of said Lot
1, South 39° 20’ 40" West 500.32 feet;
Thence along the northeasterly right of way of B~,ant Street, North 50° 40’ 04" West
85.00 feet;
Thence parallel with the southeasterly right of way line of Homer Avenue, North 39° 20’
51" East 140.00 feet;
Thence parallel with the northeasterly line of Bryant Street, North 50° 40’ 04" West
125.00 feet to the southeasterly right of way line of Homer Avenue,
Thence along the southeasterly right of way line of Homer Avenue, North 39° 20’ 51"
East ~ ~" " ? -~ ~~~ou.~_ feet to the Point of Be_~inning.
Said Park Land contains 87,560.74 square feet (2.0] acres) more or less. . ~-~r~.~m~,;~’~.~:~" ~.-* ~ ~-~. ", ~’
Said P~k L~d is sho~m on a~ched E~bit C ~d made a p~ here,. ~~~
Expkation 6-30-07JAMES DAVID KIEHL P.L.S. 7152
PREPARED BY / APPROVED
LEGAL: 12017093.DOC PLAT: 12017093.DWG
TITLE REPORT: NO TITLE REPORT PROVIDED FOR THIS DESCRIPTION.
This description is created from recorded documents.
REQUESTED BY: BILL FELLMAN revision (1) 11-19-2003
EXHIBIT B
POB PARK
i00
T
() TPdtCT 9386 Boolc 740 Pages 48-51
EXHIBIT "C" I
DRAWN BY~ JA~E$ ]3, KIEHL
CHZCKF_s
CHECK~ 9Y~ JAY E, RE~LE4{~q
LEGAL FILENAME~ ieO!79S,DUC
DRAWING FILENAME~ I~O!793.DWG
LOT LiNE ADJUSTMENT /
PARK DEDICATION
300 HOMER AVENUE
CiTY OF PALO ALTO, CALIFORNIA
ISCALE: !" = i00’
REVISION: (I) 11/i8/8003
FROM CITY A"Fi’ORNEY
.April 19, 2001
THE HONORABLE CITY COUNCIL
Pa!o Alto, Ca!i~oznp.ia
Cou~ci! Consideration. and Direction on a
.Resolution of Intent .to Dedicate Parkland at the
~alo. Alto Medical Foundation/Southof. Forest Area
(P.~NFF/SOFA) park si.te
Dear Members of the Counci! :
The .City C0u~.cil and City Manager have asked my advice
in responding to neigbioorhood requests that.:the Counci!. takd
immediate action to.dedicate t-he parkl~nd.acquired from thePalo
Alto Medica! Foundation as part of the SOFA/Summerhi!l Homes
Deve!opment Agreement. This report is also intended to assist
the Counci!’s discussion of a.possib!e ~Reso!uti0n of intent to
-Dedicate" .which has been agendized for April 23 pursuant to
Co~nci! direction on ~ri! 9.
Park dedication has a long tradition in Pa!o. Alto.
Under the mu_n!clpa! code and City charter, i._park ~ed_can!on is
the means by which the City Counci! earmarks and puts to public
use land and other property .acquired for park purposes. The
clear purpose of the charter provisions is to prevent future
City Councils from disposing of parkland without a vote of the
people. (P~_~C, §22.08.003; Cz~y ~_~-~--~=~, Artic!e"8.) .in other
words, park dedication is a means of assuring that scarce’ and
va.!ua~!e "park, playground, recreation or conse!-v-ation" land is
not !ost to successor generations without a majority.vote of the
e-!ect~rate. "
The PA_WL~_/SOFA development agreement, largely implements
a coordinated area plan. Pa!0 Alto~s unique coordinated area
pl~n ordinance is intended, to accomplish the zoning/planning
merger al!owed under state law t_hrough asD~cz~_c_= ’~ p!a~., while at
the .same time using City investment to stimulate private
redevelopment. Thus, a.coordinated area p!~n must include:
THE HONORABLE CITY COUNCIL
Apri! 19, 200!~
Page 2
RE:Counci! Consideration and Direction .on a
Resolution of intent .to Dedicate. Parkland at the
Pa!o Alto Medical Foundation/S0uth of Forest Area
.(P~MF/SOFA) park site . .
"A program of implementation measures
including development regulations, public
works projects and .financing measures
necessary to carry out ihe plan. This
pro.gram, shall be specifically coordinated
with the ~ity~s capital, improvement program
~nc!uae C~P revisions¯("CIP"), and may ~’ "
necessary t9 .implement the plan." (PAMC,. ~
!9.10.040-ic); em_mhasis added.)
in Short, a coordinated area " plan ordinance is
designed to prevent hol!ow (meaning unfunded) public immr0vement
promises. The ordinance takes this approach so that it can
assure strategic public investment ¯in infrastructure, in ~o_eer to
acce!!erate private redevelopment.
The city’s participation in the PA_MF/SOFA co0rdin~ted
.area plan ~involv~d a .very substantial, $!0 million dollar public
investment. The~ development agreement transaction included land
=~_~._~ and ac~uasition or the h~storic
However, even though $!0 million has .been inves.ted, the City
Council has not been asked to .take action, to fund renovation, and
reuse of {he Roth building. A financing strategy has yet t.o be
amDroved. There has been no CIP co~re~nauion, on this issue, ~at
least to my knowledge.
In ~hls situation, the financial consur=_nu
City Comncii’s ability to dedicate the entirety of the P~ main
block (the area bounded by Waverley, Bryant, Homer and
Channihg) " The development agreement actually divid6s the 2.41
acres on the main block into two components. [.00.acres were
dedicated without ~m_ecn cash oue]av and I ~ ~c~es, including
]the .Roth .building,. were. phrchased? This division was necessary
to live-up to .the letter and-spirit of the coordinated area
planning process. The development agreement describes ihe land
as fo!lows:
_ce~ca ~=on by"~ City acqu~s~z!on, by
without cost, of !..00 acres of land for
neighborhood park deve!opment- .purposes.
010419 sdd 005 2705
THE HONO_~tABLE CITY COUNCIL
AD~4q 19, 2001
Page 3
RE :Council Consideration and Direction on a
Resolution of intent to Dedicate Parkland at the
Pa!o Alto Medical ~oundationiSouth of Forest £rea
(P.~MF/SOFA) Dark site
(0.89 acres in fee~ .0,!!
¯ Pinkerton lease);"
acres assigned
This land has been clearly acquired by. the. City~ for park
purposes and could be ready for dedication, subjec[ to interim
parking use reserved in the development agreement~! H.owever, the
deve!opme~t agreement also describes: -
~2. City acquisition, by purchase a< a
.negotiated price, of 1.41 acres of !ahd and
improvements which are contiguous to the
dedicated land, including the. historic Roth
building, for neighborhood park and facility
purposes, ~if financially feasible, or, in
the case of the. Roth building ~nd sufficient
surrounding land for accessory bui’idings and
uses such as~ parking,, rehabilitation, and
resale by" City for. private purposes if
public, facility use is not financially
feasib!e;~ (Emphasis added.)
In short, given, the financia!~-~ ~consu_=_n~s at the time
[he’ coordinated¯ area plan and development agreement were
appro.ved, which made CIP coordination impossible, [he City went
as far as it could.in a~quiring 1.4! acres of land (including
.~or park use couldthe Roth building) with the home that funding ~
be deve!oped, The City Council <specifica!ly avo_~ creating a
policy or legal park dedication commitment with respec.t to both
the Roth Building and "sufficient~surrounding land!’ as might be
needed to Support private, use if resale¯ is compelled by
financia! exigencies~ I should add that much¯ of the funding
strategy,., at least pre!iminari’ly, depended upon t~e future
imposition ~of Dark and other¯ ~’~ .-..~eve!opmen~ impact fees, which have
not y=~ been proposed or ~apDroved (a]though they are ~ the
works), . -
: The !.00 acres may be necessary or desirib!e for interim
parking, during construction of the downtown structures._6his
use is not barred by the CAP or development agreement.
Dedication could go forward subject to a reservation for these
uses should Council wish.
010419 sd1005 Z705
THE HONO-~ABLE CITY COUNCIL
Apri! .19, 2001
Page 4
Council Consideration and Direction on a
Resolution of intent to Dedicate Parkland at the
Palo A!to Medical Foundation/South of.Forest Area
(PA_MF/S0FA) park. site
Taking. al!. of this together, it is clear that .the"
Council has taken the policy and lega! actions necessary, to
permit park ~dedication of the !.00 acres acquired through
.dedication in the deve~0pment.agreement.-, it is0a!so~clear that
the additiona! 1.41’ acres and Roth building.will: be available’
for dedication if a feasible.financia! plan is developed, it is
conceivable that Council could dedicate all but the Roth
building and ~sufficient surrounding !~nd" to.permitresale for
private use, but to my"knowledge staff have not ~prepared a
feasible private reuse plan such that one could identify, which
porti.ons of the 1.41 acres need not be reserved for potentia!
resale. The development agreement anticipates thaionly "minor"
portions ~of the land around the Roth building would need. to be
.protected for the (undesirable) contingency of private.reuse..
. i. have suggested a~resolution of intent to dedicate as
an alternative, so that the~ financia! ~ " ~ ~ ~ are"
misperceived as a cover for some hidden agenda Neighborhood
" ~ ~particularly given the ~future-concern is unae_s~andabie,
discretion-limiting" purpose, of park dedication. Here, however,
the community has ~simply .not paid the ful! c6st of dedicating
¯ the Roth building for .park purposes. Accordingly, in my opinion
it is untimely for the City Council. to consider dedication of
more than the I.~00 acres of land which were clearly acquired
.with the intention of~ dedicating them for park purposes only..\The !.~! acres of !~nd, including the Roth building Were
explicitly acquired for park or resale purposes.. Unti! such
time as funding {o~ _ehabm!muau_on has bien deve!oped for the
Roth bui!ding; i. cannot advise dedication of that property
because to do so would eviscerate the fundamenta! purpose of the
010419 idl 005 2705
THE HONO_~ABLE CITY COUNCIL
April 19, 2001
Page 5
RE :Counci! Consideration and Direction on a
Resolution of intent to .Dedicate Parkland at the
Pa!o Alto Medica! Foundation/South of Forest Area
(P~MF/SOFA) mark site
coordinated area plan process, that is, forcing coomdinated
infrastructure investment in order to stimulate renovation of a
neighborhood. "
A~~R_RE CALONNE
C~.~y Attorney "
kPC:sdl
Frank Behest, City Manager
Emily Harrison, Assistant-City Manager
Carl Yeats, Director of Administrative Services
Ed Gawf, Director of Planning & Community Enviromment
Sue Case, Senior Asst. City Attorney
Wynne Furth, Senior Asst. city Attorney
010419 sdl 005 2705
FROM CiTY ATTORNEY
12
May 31, 2001
THE HONO.~hBLE CITY COUNCIL
Pa!o Alto, California
RE :Resolution of Intent to Dedicate P=rkl~n~ at the
Pa!o Alto Me~_ca! Foundation/South of Forest Area
(PAId_F/SOFA) Park Site
Dear Members of the Council:
At the request of the City Manager, i am providing the
attached to facilitate Council discussion of the matter. It is
not a recommendation, just a draft to facilitate discussion. We
are also re-packeting our earlier advice report.!
Respect~ ]~!ky~~/~ s~t~d,
City Attorney
APC:sm
Attachment
010530 sm 00~2735
RESOLUTION NO. -
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
’ALTO ESTABLISHING THE COUNCIL’S INTENTION TO
DEDICATE A PARK ON APPROXI!~LhTELY 2.41 ACRES
ACQUIRED FROM THE PALO ALTO MEDIC~ FOUNDATION
WHEREAS, the City of Palo Alto recently acquired
approximately 2.41 acres a!ong the Homer Avenue frontage of the
former ~Main B!ock~ of the Pa!o Alto Medica! Foundation. 9~out
!.0 acres were dedicated to the City for park use in order to
implement the South of Forest Area Coordinated Area Plan. 9~out
1.41 acres were purchased by the City, including the land upon
which the historic Roth Building is !ocated; and
WHEREAS, the City Counci! has already directed and City
staff are now working on financing plans to permit lawful
dedication by ordinance of the Roth Building and surrounding
lands; and
WHEREAS, the City Counci! is not prepared to dedicate
the parkland by ordinance at the present time because a specific
financing o]an__ or mechanism to pay the costs of _~r=habi]itlat~ng_. .....
and re-using the Roth Building has not been completed; and
WHEREAS, the City is bound by a development agreement to
permit interim parking uses on a portion of the proposed
parkland; and
WHEREAS, the City Counci!wishes to express its
intention to dedicate the entire 2.41 acres as parkland,
fol!owing Council consideration and approva!of specific
financing plans or mechanisms, as determined necessary by the
City Manager with the advice of the City Attorney.
NOW, THEREFORE, the Counci! of the City of Palo Alto
does RESOLVE as follows:
SECTION !.The City Counci! intends to enact an
ordinance dedicating as parkland the approximately 2.41 acres
a!ong the Homer Avenue frontage of the former "Main B!ock~ of
the Pa!o Alto Medica! Foundation. The City Manager is directed
to bring this matter back to Counci!, in a manner consistent
with any de~e!opment agreements, and as soon as specific
financing plans or mechanisms, as determined necessary by the
000502 sd] 0052735
necessary by the City Manager with the advice of the City
Attorney, are available for Council consideration.
SECTION 2. The Counci! finds-that this is not a project
under the California Enviro_n_menta! Quality Act and, therefore,
no environmenta! impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FO~:
City Attorney
Mayor
City Manager
Director of Planning &
Community Environment
Director of Administrative
Services
000502 sd] 0052735 2