HomeMy WebLinkAbout2002-04-01 City Council (4)City of Palo Alto
City Manager’s Report
TO:
FROM:
A
HONORABLE CITY COUNCIL ~
CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
DATE:
SUBJECT:
APRIL 1, 2002 CMR:194:02
RESOLUTION DETERMINING THAT THE PUBLIC INTEREST
AND .NECESSITY REQUIRE THE ACQUISTION OF
TEMPORARY CONSTRUCTION EASEMENTS AT 314 LYTTON
AVENUE AND 420 FLORENCE STEET FOR THE DOWNTOWN
PARKING STRUCTURES (CIP 19530)
REPORT IN BRIEF
The designs of two new downtown parking structures have been completed and were
advertised for construction bids. The bidding period closed on March 26, 2002, and the
bids are currently being evaluated in order to determine the lowest responsible bidder.
Construction on the garages could begin as early as May 2002.
One garage will be located at Lot R and the other at Lot S/L (Bryant at Lytton). The only
site affected by the recommended eminent domain proceeding is the Lot S/L structure.
During basement excavation at this site, a construction method will likely be used that
requires underground egress into the adjacent property at420 Florence Street and 314
Lytton Avenue. Temporary above ground construction easements are also required to
facilitate the garage construction immediately adjacent to the two properties.
Negotiations with the property owners are still in process, but in order not to delay
construction and incur escalating costs while temporary construction easements are
obtained, staff is recommending City Council approval to proceed with the eminent
domain process for the period of construction of the garages.
¯ CMR:194:02 Page 1 of 5
RECOMMENDATION
Staff recommends that the City Council approve and authorize the Mayor to: execute the
attached Resolution determining that public interest and necessity require the acquisition
of certain land for the period of construction of the garages; and, direct the filing of
eminent domain proceedings for the period of construction of the garages, providing
negotiations to acquire the property are not successful, for the Downtown Parking
Structures (CIP 19530).
BACKGROUND
On June 4, 2001, Council approved consultant contracts that provided for the final design
of two parking structures in the downtown area (CMR:263:01). The design of these
garages was completed in February 2002, and was advertised for construction bids
shortly thereafter. The bid opening date was March 26, 2002 and staff is currently
determining the lowest responsible bidder. Construction on the garages could begin as
early as May 2002.
Negotiations with the property owners are in process, but may not result in possession of
the required rights-of-way necessary to award the contract and begin the project in a
timely manner. The required right-of way areas involve two parcels, which include a
total of four temporary construction easements. Offers to both property owners have
been made based on the appraised value of the temporary construction easements as per
Government Code Section 7267.2. While the negotiations have progressed, there are still
outstanding issues that may not be resolved soon enough for the project to begin as
scheduled. Therefore, staff recommends commencing eminent domain proceedings for
the following properties: Assessor’s Parcels 120-15-002 (314 Lytton Avenue) and 120-
15-048 (420 Florence) consisting of temporary construction easements.
DISCUSSION
Eminent domain proceedings are necessary to assure City possession of the property in
sufficient time to commence construction on a timely basis. Two steps are required to
file eminent domain proceedings:
1)The City must send written notice by first class mail to each person whose
property is to be acquired by eminent domain, notifying the owners of Council
intention to adopt a Resolution of Necessity, determining that the public
interest and necessity require the acquisition of such property and directing the
filing of eminent domain ~ proceedings. The record owners of the two subject
parcels were notified by certified mail, dated March 14, 2002, that a hearing
would be held April 1, 2002. No request to be heard has been received by the
property owners.
2) The attached resolution must be adopted by a two-thirds vote of the members of
the Council (6 votes).
CMR:194:02 Page 2 of 5
The factors that the Council must consider at the hearing are as follows:
The public interest and necessity require the project, which is the construction of
the parking garage. "
/!
Council confirmed that public interest and necessity require the parking garages
when it directed staff to proceed with the design of the parking garages on October
18, 1999 (CMR: 391:99). Included in that report were the results of a survey of
the adjoining neighborhoods north and south of University Avenue. The survey,
conducted on April 27, 1999, indicated that approximately 1,600 non-
neighborhood-resident vehicles .were parked in the neighborhoods. The report
indicated "Members of the Downtown Marketing Committee and Parking
Committee of the Chamber of Commerce, as well as property owners, have voiced
serious concerns regarding the parking deficit." Due to the shortage ofparking in
the downtown area, there are currently 600 people on the waiting list for
employee-parking permits.
The proposed project is planned or located in the manner that will be most
compatible with the greatest public good and least private injury.
Based upon policies established as part of the Downtown Study (1986) and a
comprehensive plan for downtown parking approved in 1994, Council established
a capital improvement program (No. 19530) to study the feasibility Of building
new parking structures on one or more existing surface parking lots in the
University Avenue Parking Assessment District. In CMR: 183:97, staff reported
that an important element of the parking, feasibility study was a comprehensive
review of all downtown City parking lots, to assess the probability of using any
single site as well as a combination of sites, to construct a parking structure(s).
The study reached the conclusion that Lot R and Lots S/L were the only sites
suitable for parking structures given the technical understanding developed during
the feasibility study, reasonable cost considerations, and the proposed new parking
structure relationship to the four existing parking .structures.
3.The properties sought to be acquired are necessary for the proposed project.
The Lot S/L structure will have a basement level as well as a sub-basement floor.
During excavation of the basement area, a retaining wall system needs to be
installed that will keep the soil from the adjacent property from caving into the
excavation area. The retaining wall is typically stabilized by either ’.’tieback" or
"soil nailing" methods in which metal rods are drilled through the retaining wall
and anchored into the subject properties adjacent soil. It is similar in concept to
anchoring one piece of wood to a stronger piece by driving in a screw or nail. The
tiebacks or nails are left in the ground after excavation has been completed. Since
CMR: 194:02 Page 3 of 5
they serve no structural purpose, they can be removed or cut should the need arise
in the future. Soil nailing and tieback systems are commonly used in construction
and can be seen in Attachment B.
The project will also require the acquisition of a temporary above ground
construction easement on each property. The garage will be built to the property
line of both parcels. Work on the exterior walls of the garage in these areas will
require the contractor to gain access to the adjacent property. In the case of the
Lytton property, access would require use of an existing five-foot sidewalk that
runs parallel to the building. The temporary construction area for the property at
420 Florence includes all of the landscape area on the exterior of the building. In
addition to the need for the contractor to gain access to this area, the contractor
will also install a protective Covering over the path leading to the building to
protect pedestrians. (The four temporary construction easements are described and
shown on Attachment C.)
The offer required by Section 7267.2 of the Government Code has been made to the
owners of record.
On February 4, 2002, staff met with and presented the owners of record of 420
Florence Street with an offer in the amount of the appraised value for the two
temporary construction easements. In a letter dated February 7, 2002, an offer in
the amount of the appraised value of the temporary easements was presented to the
owners of record for 314 Lytton.
Construction of the basement is one of the first items of work on the contract and
cannot be started until below ground easements on both parcels are obtained for
either the soil nailing or tieback process. Approval of the Eminent Domain Action
is recommended to avoid delays to the project schedule.
RESOURCE IMPACT
Funds for required rights-of-way for this project have been included in the Downtown
Parking Structures project (CIP 19530).
POLICY IMPLICATIONS
These recommendations are consistent with existing City policies.
TIMELINE
The construction contract for the garages is ’anticipated to be presented to Council on
April 15, 2002. Construction on the garages is anticipated to begin in May. Negotiations
for the temporary construction easements or the eminent domain process must be
completed before the" construction on the garages Can begin. It will take approximately
1.5 years to complete construction of both garages.
CMR: 194:02 Page 4 of 5
ENVIRONMENTAL ASSESSMENT
On December 20, 1999, the City Council adopted a resolution (7917) certifying the
adequacy of the Environmental Impact Report (EIR) for the downtown parking structure
projects and made the required CEQA findings.
ATTACHMENTS
Attachment A:Resolution of Necessity
Attachment B:Tieback construction
Attachment C:Description and map of Temporary Construction Easements
PREPARED BY:
WILLIAI~I W. FELLMAN
Manager, Real Property
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
YEATS
Director of Administrative Services
t~MILY HARRISON
Assistant City Manager
CMR: 194:02 Page 5 of 5
ATTACHMENT
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF TEMPORARY
CONSTRUCTION EASEMENTS AT 314 LYTTON. AVENUE AND
420 FLORENCE STREET FOR THE DOWNTOWN PARKING
STRUCTURES (CAPITAL IMPROVEMENT PROJECT 19530)
AND AUTHORIZING AND DIRECTING THE FILING
OF EMINENT DOMAIN PROCEEDINGS
WHEREAS, the Council has extensively considered and
determined that public parking structures are needed in order to
accommodate vehicular parking in the Downtown Business District;
and,
WHEREAS, the Council has determined that a multi-story
parking structure should be located on the properties where
existing public parking lot "S/L" is loca~ed at the intersection
of Bryant. Street and Florence Avenue, and that this Project is
planned and located in the manner that will be most compatible
with the greatest public good and the least private injury; and,
WHEREAS, Certain temporary construction easements over
adjacent properties located at 314 Lytton Avenue and 420
Florence Street are necessary for the Project in order to safely
and securely erect the parking structure; and,
WHEREAS, pursuant to the provisions of Section 1245.235
of ~the Code of Civil Procedure of the State of California,
notice has been duly given to all persons whose property is to
be acquired by eminent domain and whose names and addresses
appear on the last Santa Clara County equalized assessment roll,
all of whom have been given a reasonable opportunity to appear
and be heard before the City Council on the following matters:
(a)
the Project;
Whether the public interest and necessity require
(b) Whether the Project is planned or located in the
manner that will be most compatible with the greatest public
good and the least private injury;
(c) Whether the property sought to be acquired is
necessary for the Project; and,
market
(d) Whether the owners have been offered the fair
value for the properties determined by appraisals
020320 cl 0044146
ATTAC NT A
¯conducted pursuant to Section 7267.2 of the Government Code of
the State of California.
NOW, THEREFORE, the Council of the City of Palo Alto
does RESOLVE as follows:
SECTION i. The Council hereby finds and determines:
(i) The public interest and necessity require the
construction and maintenance of the public parking structure on
the present public parking lots designated Lot S/L, located at
Bryant Street and Lytton Avenue in Palo Alto; and
(.2) This project is planned and located in the manner
that will be most compatible with the greatest public good and
the least private injury; and,
(3) The property interests described and depicted in
Attachment ~C", consisting of temporary construction easements
upon properties at 314 Lytton Avenue and 420 Florence Street
adjacent to the public parking structure project, are necessary
for the construction of those public parking structure project;
.and,
(4) All owners of record in the properties have been
offered compensation in amounts based upon appraisals of fair
market value for those properties pursuant to Government Code
section 7267.2; and,
(5) The acquisition of the property interests is
authorized by Article i, section 19 of the Constitution of the
State of California and by Sections 1240.050, 1240.110,
1240.120, 1240.125, 1240.150, 1240.240, 1240.410 and 1240.610 of
the Code of Civil Procedure of the State of California.
SECTION 2. The City Attorney is hereby authorized and
directed to institute and conduct to conclusion an action in
eminent domain to acquire the property interests described above
and to take such action as may be advisable or necessary in
connection therewith, including without limitation requesting
from the Court an order for prejudgment possession of the
property interests based upon the deposit in court of a warrant
issued to the State Treasury Condemnation Fund in the amount
determined by the Court to be so deposited.
SECTION 3.The Council has reviewed, considered and
approved an Environmental Impact Report for the downtown parking
structure projects by Resolution No. 7917 in compliance with the
California Environmental Quality Act.
020320 cl 0044146 2
ATTACHMENT
SECTION 4.Pursuant to California Code of Civil
Procedure section 1245.250, this resolution has been adopted by
a vote of two-thirds of all members of the Council, which is the
governing body of the City of Palo Alto.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Senior Asst. City Attorney City Manager
Director of Administrative
Services
020320 cl 0044146
ATTACHMENT C
DRAWN BY: JAHFS D, KiFHL
~HECKV, D BY, JAH£$ BOUROUIN
~EGAL FILENAMD 1201548.word I
DRAWING F]LENAPID
ATTACHMENT C
S & L PARKING LOT
420 FLORENCE ST.AND
314 LYTTON AVE.
CITY nF PALO ALTB, CALIFDRNIA
SCALE: 1" = 50’
REV]S]BN: (X) X/X/X
REV]S]I3N~ (4) 1/16/0~
REVIS]I2N~ (3) 8130101
REV]S]BN, (1) 7/18/0!
A.P.NO. 120-015-002
314 Lytton Avenue
January 24, 2002
DESCRIPTION FOR BELOW GROUND TIFf-BACK EASEMENT AND
TEMPORARY ABOVE GROUND CONSTRUCTION EASEMENT
A portion of real property situated in the City of Pal0 Alto, County of Santa Clara, State
of California more particularly described as follows;
All of Lot 22 and the southwesterly 5.00 feet of Lot 21 of Block 20 as said Lots are
shown on that certain map entitled "MAP OF H.F. PERRY’S SUBDIVIDSION of the
South Half of Block No. 20, University Park", which was filed for record in Book D of
Maps page 171 on February 4, 1890, recorded in the office of the County Record of Santa
Clara County. Excepting therefrom the northwesterly 7 feet of said Lots 21 and 22 as
described in the Interlocutory Judgement filed for record in Book 1723 page 542 on
December 31, 1948 in said County.
Below Ground Tie-Back Easement contains 2,790 square feet (0.0640 acres) more or
less.
Temporary Above Ground construction Easement to extend up to the existing building
shown on attached map Exhibit "F". Building is shown approximately per City of Palo
Alto Geographic Information System Data Base for display purpose orfly.
The Below Ground Tie-Back Easement is shown on attached map Exhibit "E", and the
Temporary Above Ground Construction Easement is shown on attached map Exhibit
"F" and made a part hereof.
Description and plat is based upon record and/or Title Report Information only.
END OF DESCRIPTION
Prepared By: James David Kiehl P.L.S. 7152 Expires 6-30-03
Requested By: Karen B engard
LEGAL: 12015002.doc PLAT: 12015002.DWG REVISION(5) 12/18/01
TITLE REPORT: 56901-51990215-prt October 1, 2001
Attachment C
Attachment C -
DRAWN BY, JAMES D. KIEHL
CHECKED .BY’. JAMES BDUROUIN
CHECKED BY: JAY E. REMLEY
LEGAL FILENAMD 1201548.doc
DRAWING FILENAME: I~OISO02,DWG
BELOW GROUND
TIE-BACK EASEMENT
314 Lytton Avenue
Block 20 University Park
CITY OF PALB ALTO, CALIFORNIA
SCALE: I" = 80’
REVI$lnN:,(6) 1/24/0~
REV]S]BN: (5) ]81lBlO1
REVIS]BN~ (4) 12112/01
REV]S][:]N= (3) I1/OP/PO01
REV]SIBN: (P) 8/30/01
REVIS]I:]N: (]) 7118101
Ti-l:[e
15-002
No, 98160786
998
£@I
ox bolt
\5,9
\Ti±te Repe~r’± No. 981607P7
Mop~ 199S
1~0-1S ~-.104
.City) \of ~P.~-J~%Alt o.? \
/
A~achment C
DRAWN BY: JAMES B. KIEHL
CHECKED BY: JAHE3 B~URQUIN’
CHECKED BY, JAY E, REHLEY
LEGAL FILENAME: ~01548.doc.
DRA~iNG -FILENAME: ~OI500e.B~G
/
/
±o A
TEMPORARY ABOVE GROUND
CONSTRUCTION EASEMENT
314 Lytton Avenue
Block 20 University Park
CITY [1r PALrl ALTO, CALIFBRNIA
/
/
/
/
/
/
/
/
ny escrlp±ic
SCALE’, I" = P’O’
REVISIBN~ (6) 1124102
REVISION~ (5) 12112/01
REVISIBN~ (4) 12112101
REV]S]nN, (3) !1/02/2001
REV]S]FIN: (2) 8/30/01
REVISION= (]) 7/18/01
A.P.NO. 120-015-048
420 Florence Street
January 24, 2002
DESCRIPTION FOR BELOW GROUND TIE-BACK EASEMENT AND
TEMPORARY ABOVE GROUND CONSTRUCTION EASEMENT
A portion of.real property situated in the City of Palo Alto, County of Santa Clara, State
of California more particularly described as follows;
All of Lot 16 and the southeasterly 5.00 feet along with the southwesterly 17.50 feet of
Lot 17 of Block 20 as said Lots are. shown on that certain map entitled "MAP OF H.F.
PERRY’S SUBDIVISION of the South Half of Block No 20, University Park", which
was filed for record in Book D of Maps page 171 on February 4, 1890, recorded in the
office of the County Record of Santa Clara County.
Below Ground Tie-Back Easement contains 3,725 square feet (0.0855 acres) more or
less.
Temporary Above Ground Construction Easement to extend up to the existing building
shown on attached map Exhibit "F". Building is shown approximately per City of Palo
Alto Geographic Information System Data Base for display purposes only.
Below Ground Tie-Back Easement is shown on attached map Exhibit "E" and the
Temporary Above Ground Construction Easement is shown on attached map Exhibit
"F" andmade a part hereof.
Descriptions and plats are based upon record and/or Title Report Information only.
END OF DESCRIPTION
Prepared By: James David Kiehl P.L.S. 7152 Expires 6-30-03
Requested By: Karen Bengard
LEGAL: 1201548.doc PLAT: 1201548.DWG REVISION(5) 12/12/2001
TITLE REPORT: NO. 56901-51990214-PRT October 1, 2001.
Attachment C
/
.Attachment C
DPxAWN BY, JAMES D. KIEHL
]I-I, ECKED BY: JAMES BDUROUIN
~ BY’. JAY E. REMLEY
LEGAL FILENAME: JBO1548,doc
DRAWING FILENAME~ IBOI548.DWG
BELOW GROUND
TIE--BACI~ EASEMENT
APN 120-015-048.
420 Florence Street
Block 20 Uni~ersit,7 Park
CITY OF PALO ALTO, CALIFORNIA
SCALE: I" : BO’
REVISION: (6) 1184102REVISION: (5) IBllBlOl
REV]S]EIN: (4) 1211210!
REVISION: (3) 11112001
REV]S]FIN~ (2) 8130101
REV]S]FIN= (.]) 7/]8/01
Attachment C
~4N BY~ JAMES D, KIEHL
C__~.~=_CKED BY: JAMES BOURQUIN
_.~/HECKED BY~ JAY E. REMLEY
LEGAL FILENAMD 1201548.doc
DRAWING FILENAMD 1201548,DWG
TEMPORARY ABOVE GROUND
CONSTRUCTION EASEMENT
APN 120-015-048
420 Florence Street
Block 20 University Park
CITY OF PALO ALTO, CALIFORNIA
SCALE: 1" = BO’
REV]SIEIN; (6) 1124/02
REV]SIEIN: (5) ]2/]2/01
REVIEIE1N~ (4) IP/I~/O1
REV1SI[IN~ (B) 8/30/01
REV1SIF1N~ (1) 7/18/01