REPORT TO COUNCIL
SUBJECT
Title
Action on an Agreement and Covenant Running with the Land to Allow Private Improvements within the Public Right-of-Way at 500 El Camino Real (Main Address)
Report
BACKGROUND
On April 5, 2016, the City Council approved the vacation of portions of public right-of-way on Franklin Street from Lafayette Street to The Alameda and on Alviso Street from Franklin Street to Benton Street. Additionally, the City Council authorized the sale of the vacated property to adjacent property owner, the President and Board of Trustees of Santa Clara College (“Santa Clara University”), located at 500 El Camino Real. In addition to closing these portions of public rights-of-way to vehicular traffic, Santa Clara University installed private improvements such as brick pavers, landscaping and new sidewalks to create a pedestrian promenade. During the construction permitting stage, Santa Clara University proposed that these private improvements extend partially into the City’s public right-of-way at the intersection of The Alameda and Franklin Street. Staff reviewed this proposal, did not find any concerns with the improvements, and tentatively agreed to the proposal with a condition that the property owner execute an agreement with the City for the long term operations and maintenance of these private improvements.
DISCUSSION
The private improvements were reviewed, permitted and constructed as a part of the encroachment permit issued for the project and the attached agreement is required for the property owner to properly operate and maintain the private improvements. In the event the improvements are ever required to be removed in the future, per the agreement, the property owner must remove them (or portions thereof) at their sole cost within sixty (60) days after written notification from the City. The improvements will beautify the City’s right-of-way at no cost for construction or maintenance.
ENVIRONMENTAL REVIEW
The action being considered is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301, “Existing Facilities”, as the activity consists of minor alteration of existing public or private structures.
FISCAL IMPACT
There is no additional cost to the City other than staff time and expense. The owner is responsible for all construction and maintenance costs.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Approve and authorize the City Manager to execute the Agreement and Covenant Running With the Land with President and Board of Trustees of Santa Clara College to retain and maintain concrete pavers within the public right-of-way at 500 El Camino Real (Main Address) [APN 269-23-084 (2018-19); SC 19,104]; and
2. Authorize the recordation thereof.
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Agreement