HomeMy WebLinkAbout2002-07-15 City Council (8)City of Palo Alto
City Manager’s Report
TO: "
FROM:
HONORABLE CITY COUNCIL ~ 12
CITY MANAGER DEPARTMENT: ADMINISTRATIVE
SERVICES
¯ . DATE:
SUBJECT:
JULY 15, 2002 CMR: 307:02
RESOLUTION DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF
CONSTRUCTION EASEMENTS AT 525 ALMA STREET AND 542
HIGH STREET FOR THE DOWNTOWN PARKING STRUCTURES
(CIP 19530)
REPORT IN BRIEF
Construction began May 20, 2002 on two new downtown parking structures. One garage
is.being constructed at Lot R (Alma and High between University and Hamilton) and the
other at Lot S/L (Bryant at Lytton). Construction easements are required for the building
south of, and adjacent to, the Lot R.structure. Although the building appears to be one
single structure, it is in fact two separate buildings with two separate parcel numbers and
addresses. Both are owned’ by one individual, Jill Vandervoort, Trustee of the Jill
Vandervoort Trust. In connection with the construction of the Lot R garage, the City is
seeking a 10’ wide construction easement, on the properties located at 525 Alma and 542
Alma Streets, to allow the contractor to enter upon. that portion of the properties for the
following purposes:
¯to install supports for the roof beams near the columns on the interior of, and
adjacent to, the northwest wall of the buildings in order to support the roof during
construction of the adjacent foundation for the Lot R parking garage;
¯to add a protective coating to the exterior northwest wall of both buildings
adjacent to the City parking lot;.
¯to install supports to the building foundation for construction of the adjacent
foundation for the Lot R parking garage.
These protective measures will be taken during the construction of the Lot R garage for a
period of time .not to exceed six months. After that, the foundation supports and
protective coating will remain in place and be inaccessible but may be-removed by the
landowner.
CMR:307:02 Page 1 of 5
Negotiations with the attomey for the property owner are at an impasse, and to expedite
construction and avoid incurring escalating costs, staff is recommending City council
¯ approval to proceed with the eminent domain process.
CMR: 307:02 Page 2 of 6
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 construction easements for the purposes identified above; and authorize the filing, of
eminent domain proceedings to acquire this easement 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 a contract was
awarded, and construction initiated, on May 20, 2002.
Negotiations with the attorney for the adjacent property owner have been unsuccessful in
acquiring the required construction easements necessary to continue with- certain eSSential
phases of the construction project in a timely manner. The required construction
easements involve approximately 2,620 square feet of space, withi.n an area 10’ wide
along the entire northwest length of the buildings from Alma Street to High Street. A
revised offer to the property owner was made on June 28, 2002, based on the appraised
value of the construction easements as per Government Code Section 7267.2. The owner
has not responded to the offer of compensation and declined to execute an agreement to
allow the protective work to be performed. :
DISCUSSION
Staff is recommending commencement of eminent domain proceedings for a 10’ wide
construction easement for a six-month term on Assessor’s Parcels 120-26-089 (525 Alma
Street) and 120-26-093 (542 High Street). Eminent domain proceedings are necessary to
assure City possession of the property in order to proceed with construction. 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 (Attachment A), determining that
the public interest and necessity require the acquisition of such property and
directing the filing of eminent domain proceedings.. The attorney for the
record owner of the two subject parcels has been notified of the revised
appraisal via certified mail, dated June 28, 2002, that a hearing would be held
July 15, 2002. The attorney has requested, and is entitled by statute, to be
heard on these matters.
2) The attached resolution must be adopted by a two-thirds vote of the members of
the Council (6 votes).
CMR:307:02 Page 3 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 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. According to
the report, "Members of the Downtown Marketing Committee and Parking
Committee of the Chamber of Commerce, as well as property owners, have voiced
seri.ous concerns regarding the parking deficit." Due to the shortage of parking 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 project (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.
The parking garage at Lot R was located with the paseo (midblock crossing) on its
north side because:
a.There are a series of midblock crossings that are under development
throughout downtown Palo Alto to better facilitate pedestrian movement as
part of the urban development plan. The alignment for this is far better on the
north side of the parking structure than the south.
b. The paseo can be linked to the new landscaped plaza if it is on the north side of
the parking structure.
c. There are four entrances and exits to the parking lot along the north side of the
lot that serve the series of buildings on the north side of the parking lot. The
location of new landscape plaza and the adjoining paseo will facilitate
CMR: 307:02 .Page 4 of 6
¯ continued access to these entrances and exits..
d. Agreements can be found in City records that grant permission for the
entrances on the north side of the parking lot to exist. No record can be found
granting permission for the one opening on the side of the brick building (525
Alma).
e. The present design for this parking structure is a minimum width design.
Narrowing would involve eliminating at least one of the following: the ramps
between levels, the drive aisles, or half the parking stalls. Any of these would
make a structure infeasible at this location since.it would make circulation
within the parking structure impossible.
The properties sought to be acquired are necessary.for the proposed project.
The draft specifications for the construction of the parking garage detailed the
need for. work t0 be conducted on the adjacent properties in order to reduce the
.potential risk of distress and settlement to them during the construction of the Lot
R garage. The buildings are two old unreinforced brick masonry structures, which
are founded on shallow footings that encroach approximately two feet into the
City parking garage lot. Details of the work necessary to be performed on the
existing buildings are outlined in the specifications for the construction of the
parking garage.
4.The offer required by Section 7267.2 of the Government Code has been made to the
Owners of record.
On June 28, 2002, staff delivered a copy of the revised appraisal for the
construction easements and in a letter dated June 28, 2002, an offer in the amount
of the appraised value of the construction easements was presented to the attorney
for the owner.
RESOURCE IMPACT
Funds for required construction easements 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 was awarded on May 20, 2002. Major portions
of the construction have been delayed and cannot be scheduled until the construction
easements are obtained.
CMR: 307:02 Page 5 of 6
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: Construction Easements
PREPARED BY://~~~-~
WILLIAM W,
Manager, Real Property
DEPARTMENT HEAD:
DirectOr of Administrative Services
Ei~IILY~~sON
CITY MANAGER APPROVAL:
Assistant City Manager
CMR: 307:02 Page 6 of 6
ATTACHMENT A
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO DETERMINING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF
CONSTRUCTION EASEMENTS AT 525 ALMA STREET AND
542 HIGH 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 p&rking 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 "R" is located between Alma Street
and High Street, and that this Project is planned and located in
the manner that will be most compatible with the greatest public
goodand the least private injury; and,
WHEREAS, certain construction, easements over adjacent
properties located at 525 Alma Street and 542 High 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 wil! 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 pr0per.ties determined by appraisals
020710 cl 0044~ 66 1
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 ihe public parking structure on
the present public parking lots designated Lot R, located at
Bryant Street and Lytton Avenuein Palo Alto; a~d
’(2)This project is planned and located in the manner
that will be most compatiblewith the greatest public good and
the least private injury; and,
(3) The property interests described and depicted in
Attachment "B", consisting of construction easements upon
properties at 525 Alma Street and 542 High 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 CivilProcedure 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.
020710 cl 0044166 2
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
ATTACHMENTB
CITY OF PALO ALTO
Owners:Jill Vandervoort,. Trustee of
the Jill Vandervoort Trust
Property:542 High St. and 525 Alma
Street
Project:CIP 19530
APN:120-26-089 and 120-26-093
CONSTRUCTION EASEMENT
In conjunction with the Construction of the Lot R Parking Garage in
Palo Alto, California, the CITY OF PALO ALTO shall have. the right
to enter .upon that portion of properties owned by Owner !ocated
along thel Northwest wall of the buildizg on the subject properties
describgd, in Exhibit A and shown in Exhibit B attached hereto and
made apart hereof for the following purposes:
totemporarily install supports for the roof~beams near
the columns .on the interior of, and adjacent to, the
Northwest wall of the building in order to support that
roof during construction of the a~jacent foundation for
the Lot R Parking Garage~
b)
c)
to adda protective coating to the exterior wall adjacent
ito City. ~arkinglot; and
to supp~rt"the building foundation for construction of
the adjacent foundation for the Lot R Parking Garage.
The term of this construction easement shall not exceed six months.
Thereafter, the protective coating to the exterior wall and the
underpinning piers andbeams installed to support the .building
foundation along the Northwest wall will remain in place but may be
removed by the property owner
s :asd/real/martha/vandervoort3bm
June 28,2002
10 foot construction easement
The northwesterly line of al0 foot wide strip of land to be adjoining ~he northwesterly
line of said lands described in Grant Deed recorded December 1, 1993 in BookN 165
Page 0853 (doc# 12236436);
The southeasterly line of said 10 foot wide strip to extend tO adjoin the northeasterly and
southwesterly line of said lands described in Grant Deed recorded December 1,. 1993 in
Book N 165 Page 0853 (doc# 12236436);
Strip contains ’approximately 2,250 square feet more or less.
10 fo.ot strlp shown on Exhibit B and made a part hereof.
PREPAREDBY:. JP~__MES DAVID KIEI-IL
¯.Title Report 98160729 -Mar~h 5, 1998
Filename: 1202689.doc
/// /\,
. ~v/~~ /
/ /
/ /
/
/
) N 165 PG 0853. (D.SC# 18836496)
PLAT 70 ACCOMPANY DESCRIPTION
in~ormo~ion shown, per Gig o~ City o£ :Po essors
~AWN 9Y, JAHES D. KIEHL construction
easement
LEGAL F]LENAMD
9~AW]NG F]LENAMD 1£02689,9WG CITY BF PALB ALTD,
.REVISIDN: (3) 06/28/8008
REVISIBN: (2) 061f~!~008
REV]S]BN~ (]) 06/06/8008
120-27-2