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HomeMy WebLinkAboutStaff Report 156-05RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the Mayor to execute the attached agreement with Santa Clara County for the funding of the Peninsula Open Space Trust (POST) Property acquisition and the approval of an associated conservation easement (Attachment A) for the preservation of the property; 2. Approve the dedication of an alignment of the Santa Clara County S-l regional pedestrian trail along existing trails through the Preserve and Foothills Park (Attachment B); 3. Direct staff to proceed with drafting amendments to the Palo Alto Municipal Code to provide for additional pedestrian access points for Foothills Park. BACKGROUND In October 2002, POST purchased the 13-acre in-holding within the Preserve formerly owned by Jacqueline Bressler at a bankruptcy auction for $3,560,000. The parcel was purchased with the intent of holding the parcel for open space purposes. POST offered the City of Palo Alto the opportunity to purchase the Arastradero Gateway property at a guaranteed price of $3,560,000. Since that time, at the Council's direction, staff, together with Vice Mayor Kleinberg and Council Member Mossar as Mayor-appointed liaisons to a special fund-raising committee, have been working to assertively pursue numerous grant opportunities in order to acquire the property. POST has given the City of Palo Alto until October 2005 to complete the purchase of the property. If the City is unable or unwilling to purchase the property, the parcel will be offered for open sale. Acquisition of the parcel is intended to complete the Preserve, provide for expanded recreational opportunities, and preserve a valuable piece of riparian habitat. On November 17, 2003, Council authorized the submission of a grant request to the California Coastal Conservancy for the amount of $1,800,000 (CMR 519:03). On December 8, 2003, Council approved the submission of an additional grant application to the State of California for the Roberti-Harris-Z'Berg Block Grant program for $163,825 (CMR 544:03). In March 2004, Council approved the submission of two additional grant applications to the State of California for the Per Capita Grant Program for $266,000, and the Land and Water Conservation Grant Program for $162,385 (CMR 187:04). In July 2004, staff updated Council on the status of these various grant programs and the prospects of other potential funding sources (CMR 347:04). Staff reported that while the initial review of the City's requests by Santa Clara County Parks and Recreation Director Lisa Killough and California Coastal Conservancy Program Manager Nadine Hitchcock were positive and supportive of the City's objective in acquiring the property, both agencies stipulated that funding would be provided only if the City of Palo Alto could use the parcel as a trailhead facility to support three county-wiele regional trails. Specifically, Ms. Killough and Ms~ Hitchcock asked the City to provide additional information on how the City intended to work with the Midpeninsula Regional Open Space District to eventually implement goals in the City's Comprehensive Plan to create a regional "Bay-to-Ridge" hiking trail connecting the Preserve with Los Trancos Open Space Preserve and Monte Bello Open Space Preserve by way of a CMR 156:05 Page 2 of9 connection through, or along the perimeter, of Foothills Park. This report outlines the actions that are now necessary to meet the requirements of the Coastal Conservancy and Santa Clara County to ensure funding. Since staff provided the update to Council in July, the City has been notified by the State of California that conditional approval has been given to a Land and Water Conservation Fund Grant. The State Legislature will make the final allocation of$162,385 in July 2005. In December, the Gordon and Betty Moore Foundation notified the City that because of competing requests for funds for open space acquisition, the Foundation is unable to support a funding request from the City for the Property. Grant Program Manager Frank Jordan left open the possibility of a limited (under $500,000) grant if the City is successful in obtaining a 'challenge grant' from another private foundation. The California Coastal Conservancy notified the City of Palo Alto in January 2005 that its pledge for the acquisition of the property would be increased from $200,000 to $1,000,000. As with the Santa Clara County grant, this pledge is contingent on the City providing regional trail access, as discussed below. Funding to-date is summarized in the chart below: Funding Source Requested Matching Status Comments Amount Amount Required California $1,800,000 $1,000,000 $1,000,000 Stipulation to ensure Coastal Conditionally the parcel would Conservancy Approved contribute to regional trail connections Santa Clara Co. $1,600,000 $0 $1,000,000 Requires partnership Park Charter Conditionally with the Coastal Fund Approved Conservancy to create regional trail connections Roberti-Z'Berg-$163,825 $0 Approved These funds can be Harris Block used as matching Grant funds for other grant programs Land & Water $162,385 All other funds Conditionally Funds will only be Conservation to complete the Approved granted if all other acquisition must sources of funds are be secured firmly identified. Per Capita Grant $266,000 $0 Approved These funds can be Program (Prop used as matching 40) funds for other grant programs Wildlife $260,000 All other funds Still pending. Value of land as CMR 156:05 Page 3 of9 Conservation to complete the decision of wildlife habitat must Fund acquisition must its priority to be evaluated by the be secured Fish & Game Ca. Fish & Game Dept Dept. Private $100,000 -$0 In progress These funds will be Donations 500,000 used to satisfy match requirements for grants Private $1,000,000 Would require a Moore Currently seeking a Foundations 'challenge grant' Foundation -challenge grant of from a private request $500,000 from foundation denied. another private foundation. DISCUSSION The crux of what Council is being asked to decide is whether to allow general public pedestrian access to Foothills Park at two additional points of entry for access to the Santa Clara County- wide S-1 (Bay-to-Ridge) Trail in exchange for funding from Santa Clara County ($1,000,000) and the California Coastal Conservancy ($1,000,000). Currently, Palo Alto Municipal Code Section 22.04.150(b) specifies the only legal public entry point to the park is through the main gate at 3300 Page Mill Road. The Arastradero Creek Trail in the Pearson-Arastradero Preserve extends from Arastradero Lake, south to Gate D at the border with Foothills Park. The Arastradero Creek Trail also serves as an access road for water, gas, sewer and electrical utilities. Gate D adjoins the Coyote Trail in Foothills Park and a paved road leading to the Interpretive Center. Currently a metal gate between the Preserve and Foothills Park is closed and marked with a "no access" sign. Staff is proposing that this gate be designated as a legal entry point for pedestrian access to Foothills Park. At the upper (south) end of Foothills Park there is a casual footpath that leads from the Los Trancos Loop Trail into the Los Trancos Open Space Preserve and connects to the Page Mill Trail. This informal footpath is not marked on park maps. Although the. trail has existed for many years, it is not known who cleared this footpath. Staff is proposing that this entry be designated asa legal· entry point for pedestrian access between Foothills Park and the Los Trancos Open Space Preserve. By policy, all of the soil-tread trails within Foothills Park and the Los Trancos Open Space Preserve are accessible only by pedestrians. The extremely steep terrain of the southern section of Foothills Park would make it dangerous for bicycle or equestrian access. Even before Foothills Park was formally opened to the public in 1965, Council established a policy (codified by ordinance) that the park should be accessible only to Palo Alto residents and their accompanied guests. A resident is permitted to escort up to 15 guests at a time into the CMR 156:05 Page 4 of9 park. Similarly, reservations of picnic areas, Towle campground sites, and the Interpretive Center meeting room are restricted to Palo Alto residents and their guests. The City Attorney's Office has reviewed the grant applications submitted to the California Coastal Conservancy and to the Santa Clara County Parks and Recreation Department, has been involved in discussions with representatives. of the County and Conservancy, and has participated in the development of the funding agreement and conservation easement with Santa Clara County. Through deliberations with the County and the Coastal Conservancy, staff has sought provisions in the Funding Agreement that would maintain the current residency restrictions at the main entrance to Foothills Park on Page Mill Road, while allowing pedestrian access at two additional designated points. Funding Agreement and Conservation Easement The attached Funding Agreement and associated Conservation Easement with Santa Clara County pledges $1,000,000 for the purchase of the Property from POST in exchange for designation of the Santa Clara County-wide S-l regional pedestrian trail through the Preserve and Foothills Park. The conservation easement stipulates that the acquired property would be held in perpetuity as open space land for recreation and conservation purposes. Such a conservation easement would be consistent with protections provided by dedication of the Property as City park land. The term of the agreement and conservation easement, eighteen months, provides time for· the City to secure the balance of funding needed to acquire the Property and to close escrow with POST for the purchase of the Property. The City Attorney's Office has worked with County Counsel to ensure that provisions of Section 4(g) of the Funding Agreement protect the existing restrictions of non-resident access through the main gate of Foothills Park, while still providing trail access through the park for the general public. I Dedication of Santa Clara County-wide Trail Easements within the Preserve The Preserve would serve as a regional trailhead facility for three regional trails, the Matadero Creek/Page Mill Trail (Sl Trail), the San Francisquito/LosTrancos Creek Trail (C1 Trail), and the Juan Bautista de Anza National Historic Trail (R1-A Trail), designated in the County of Santa Clara County-wide Trail Master Plan (reference maps, Attachments B and C). The Juan Bautista de Anza Trail (R1-A) is already designated on the Preserve trail map and runs east and west through the Preserve from the border of Los Altos Hills towards Portola Valley. The San Francisquito/Los Trancos Creek Trail (C-1) follows a newly created trail along Sand Hill Road from El Camino Real in Palo Alto, through Stanford University (designation of this segment is pending), connecting to the Crowder Trail along Alpine Road, and then enters the Preserve along the de Anza Trail. The Matadero Creek/Page Mill Trail will enter the Preserve either along the Redtail Loop Trail or the de Anza Trail, depending on the trail route dedicated by Stanford University across their property. The trail then proceeds from the trailhead facility adjoining the current Preserve parking lot and follows a section of the de Anza Trail and the Arastradero Creek Trail to connect with Foothills Park. Dedication of Santa Clara County-wide Trail Easements within Foothills Park The proposed dedication of a County-wide S-l trail within Foothills Park (reference maps, Attachments B and C) would include the existing Fern Loop Trail, Coastanoan Trail, and CMR 156:05 Page 5 of9 segments of the Los Trancos Trail, Pony Tracks Fire Access (trail), Wildhorse Valley Road (trail), Las Trampas Valley Road, the paved road between the Interpretive Center and Gate D, and the informal footpath between the Pony Tracks Fire Access and the border with Los Trancos Open Space Preserve. Hikers using the S-l Trail would be permitted to visit the Interpretive Center, use park restrooms, or individual picnic tables for picnicking. An entrance station is operated at the main gate to Foothills Park. Persons entering through the main gate, either by car, on bike, or on foot, are asked by park rangers to provide proof of Palo Alto residency. Residents are permitted to accompany up to fifteen non-resident guests at a time, in not more than two vehicles. This practice will remain in effect with the proposed Funding Agreement. The proposed trail designation does not designate Bay-to-Ridge trails for equestrian or bicycle routes through the foothills. Staff will continue to work with Santa Clara County, San Mateo County and the Town of Portola Valley to explore the dedication of viable trail routes connecting the Arastradero Preserve with Skyline Open Space Preserve on Skyline Boulevard. ALTERNATIVES TO STAFF RECOMMENDATION The Council has the option to reject the proposed dedication of the County-wide S-l pedestrian trail through the Preserve and Foothills Park. As a result, the funding agreement with Santa Clara County would be moot. The City would lose the prospect for the two most significant sources of funding for the property, totaling $2,000,000. Staff, together with the Mayor's Ad Hoc Committee for the purchase of the POST property, and the Friends of the Palo Alto Parks, have explored and sought numerous public and private sources of funding for the property acquisition. Numerous other regional land trusts and open space agencies are competing with the City of Palo Alto to secure grant funding for the acquisition of conservation land. Because the price per acre of the Property is significantly higher than per-acre price of ranch or undeveloped land in remote rural areas, staff has had limited success in competing with these other agencies. With the assistance of State Senator Byron Sher and State Assembly Member Joseph Simitian, Palo Alto was successful in increasing the financial pledge of the California Coastal Conservancy from $200,000 to $1,000,000 for the property acquisition. Both Santa Clara County and the Coastal Conservancy have been adamant that in order to obtain their financial support, the property must serve as a pedestrian trailhead for priority regional trails identified in the Santa Clara County Trail Master Plan. If Council chooses to not accept the terms of the Santa Clara County and Coastal Conservancy funding, three State grant awards totaling $592,210 could still be applied to the purchase of the property. Staff could seek public donations that could pay a portion of the purchase of the property, however, it does not seem likely that significant funding could be raised through such appeals. If the City chooses not to purchase the property, POST has informed the City that the property would likely be sold to an individual who bid against POST in the bankruptcy sale, and who continues to be interested in acquiring the property. If this property is not acquired and protected as park land, the property would certainly be developed, compromIsmg the scenic and CMR 156:05 Page 6 of9 recreational value of the Preserve as well as create a significant intrusion on habitat corridors. The integrity of the site's riparian habitat and the surrounding watershed could also be at significant risk. RESOURCE IMPACT Funds from various certain and potential grant sources, as outlined above, total $2,592,210. Funding in the amount of $967,790 still remains to be secured in order to acquire the property at the guaranteed price of $3,560,000. Alternatives for providing funds to cover this balance include securing additional grant pledges, donations, or a 2% fixed-rate loan from POST. The Land and 'Water Conservation grant program requires the City to provide an equal match to its pledge of $162,385. Funds from the State Per Capita grant program provide the necessary funds for this matching requirement. Similarly, the California Coastal Conservancy grant expects an equal match for its pledge of $1,000,000. Funds from the Santa Clara County Park Charter Fund provide the necessary match. The Roberti-Z'Berg-Harris block grant program does not have a fund matchihg requirement. Instead, these funds can also be used toward satisfying the matching requirement of other State or Federal grant programs. As discussed in the resource impact section of the staff report requesting approval of a management agreement with POST to maintain the Property (CMR 473:03), the eventual purchase of the Property would have very slight impacts on the workload of park rangers. The Property is completely surrounded by the Preserve and can be easily monitored by rangers from adjoining trails and roads. Because the Property will follow the Preserve policy of "low use and low impact", development and maintenance of the property will be minimal. Staff proposes to dedicate a route that utilizes existing trails as the designated County-wide S-l trail route. Because this trail route through Foothills Park and the Los Trancos Open Space Preserve are limited to pedestrians, the relative increase in park usage will be minor. Costs associated with the maintenance and patrol of these existing trails, including staffing, contracts and materials, is not expected to change as a result of the proposed trail dedication and will be absorbed by the Open Space Division operational budget. Staff does not anticipate that the acquisition of the Property or the dedication of county-wide regional trails will have any financial impact on other City departments. When staff returns to Council in the future with a purchase agreement with POST for the Property, a Budget Amendment Ordinance will be required to allocate the funding for the purchase and provide a mechanism for reimbursements to be received from the various grant programs. The grant programs outlined above will reimburse any up-front funds that are needed from reserves to complete the purchase. POLICY IMPLICATIONS Dedication of a pedestrian trail alignment through the Preserve and Foothills Park in conformance with the Santa Clara County-wide Trail Master Plan (S-l Trail) is consistent with Program T-25 of the City's Comprehensive Plan, which says: "Evaluate the design of a Bay-to-Foothills path. A Bay-to-Foothills path is only a conceptual idea at this time. However, trails for hikers are in place from Arastradero CMR 156:05 Page 7 of9 Road to Skyline Boulevard through existing park lands. Creek corridors and Stanford lands offer the best opportunities for routing this path through the urban area of Palo Alto. Ideally, the path should be constructed as a multi-use trail that includes bicycles, pedestrians, and equestrians (possibly with parallel trail segments for different users);" At this time, only a pedestrian alignment is proposed. Santa Clara County and the Coastal Conservancy have agreed that a bicycle and equestrian trail designation is not a stipulation of grant funding. Trail use limited to pedestrians in Foothills Park will not be modified by the proposed trail alignment dedication. As such, this proposal is consistent with the adopted Foothills Park Trail Maintenance Plan. A trail connection between the Preserve and Foothills Park was discussed and evaluated as part of the Arastradero Preserve Trail Management Plan and EIR that Council approved on May 14, 2001 (CMR 231 :01). The regional pedestrian trail connections now proposed by staff are consistent with the recommendations for a Bay-to-Ridge Trail as outlined in the Trail Management Plan (Attachment D: Section 2.4 -Regional Connections, pages 2-3 and 2-4). In its review of the plan in December 2000, the Parks and Recreation Commission tabled adoption of recommended connections between the Preserve and Foothills Park until the matter could be adequately publicized and discussed separately from the rest of the trail plan. Dedication of the Santa Clara County-wide S-1 regional trail through City-owned park land is consistent with the Comprehensive Plan Pedestrian Circulation Map T -6 (Attachment C) which specifies the points of entry and exit of Foothills Park and the Preserve. TIMELINE March 7: Staff returns to Council with proposed amendments to P.A.M.C. Sections 22.04.310 and 22.08.330 to formally change the name of the Arastradero Preserve to the Pearson-Arastradero Preserve and dedicate County-wide trail alignments. Staff also returns with proposed amendments to P .A.M.C. 22.04~ 150 (Foothills Park) that would allow access to the general public for use of Bay-to-Ridge trails, clarify residency restrictions for persons entering through the park's main gate on Page Mill Road, and allow the general public (pedestrians) to access the park at two additional designated points-of-entry for the sake of using the Bay-to-Ridge (S-I) trails within Foothills Park. March 8: Santa Clara County Board of Supervisors ratify the conservation easement and funding agreement with the City of Palo Alto for $1,000,000. May 25: The California Coastal Conservancy Board reviews and approves the dedicated alignment of a regional pedestrian path through the Palo Alto foothills (Attachment B) and approves a contract with the City of Palo Alto for $1,000,000 for the acquisition of the Property. July 2005: The Midpeninsula Regional Open Space District formally approves the trail connection between Foothills Park and the Los Trancos Open Space Preserve for pedestrian trail access and dedicates an alignment as the County-wide S-1 trail within the Los Trancos Preserve. CMR 156:05 Page 8 of9 \ ,\ i !J '. E. The COUNTY's contribution is subject to the following conditions precedent, which all must be satisfied prior to the COUNTY's obligation to make payment to the CITY of One Million Dollars ($1,000,000.00): 1. The CITY agrees ordinance or resolution, the Preserve facility for the Sl, Cl and RI-A trails. to designate, as a regional by CITY trailhead 2. The CITY agrees to grant to the COUNTY a conservation easement in perpetuity on the Property. 3. The City agrees to be responsible for all operation, maintenance and development costs associated with the management of the Property, including, but not limited to, resource management and patrol. 4. The CITY agrees to raise the balance of acquisi tion funds necessary to acquire the Property from POST within eighteen (18) months from the Effective Date. 5. The CITY agrees to designate, by CITY . ordinance or resolution, the existing Los Trancos Trail in Foothill Park as a part of the Sl Trail and to allow, by CITY ordinance or resolution, pedestrian access to the general public on all trails within Foothills Park. 6. The CITY agrees to provide a pedestrian Sl Trail connection linking the Arastradero Creek Trail in the Preserve to the Los Trancos Trail in Foothills Park. F. Once the Property is acquired, the CITY intends to: 1. Maintain Foothills Park trails as pedestrian- only open to the general public, subject only to CITY ordinances for daily visitation limits and prohibition of equestrian, motorcycle and bicycle uses. 2. Maintain use of the Towle Campground in Foothills Park for Palo Alto residents only. 3. Maintain vehicular access to Foothills Park for Palo Alto residents and their accompanied guests only. 4. Coordinate with the Midpeninsula Regional Open Space District (the "District") to provide a continuous Sl 050210 cl 0072509 2 4. CITY OBLIGATIONS a. Acquisi tion -The CITY shall be responsible for any acquisi tion activities to complete the purchase of the Property, including, but not limited to, securing the balance of the acquisition funds or a binding agreement for each funding source. b. Conservation Easement -The CITY shall grant the COUNTY a conservation easement in perpetuity on the Property at the time the CITY receives title to the Property. The conservation easement shall be in form identical or substantially similar to that shown in the attached Exhibit "B". c. Property Operation and Development CITY shall develop, operate expense to the COUNTY. and maintain the Property The at no d. Trailhead Designation The CITY shall designate the Preserve as a regional trailhead facility for the S-l, C-1 and R1-A trails. . responsible remediation resources on e. Archeological Resources - for any archeological surveys resul ting from the discovery of the Property. The CITY shall be required and any any archeological f. Dedication The CITY shall by resolution dedicate its interest and rights in the Property according to Section 5540 of the California Public Resources Code. g. Foothills Park Pedestrian Access -For the purpose of facilitating general, public access to the S-l trail in and through Foothills Park, the CITY shall open Foothills Park to non-resident pedestrian access on all of the trails within the park. Non-resident pedestrian access to and from Foothills Park shall be provided at designated access points lying on the park's boundaries with the Preserve to the north and the District's Open Space Preserve to the south. The CITY will not be required to permit non-resident pedestrian or vehicular access at the main gate entrance off of Page Mill Road, unless the non-resident is accompanied by a resident at the time of entry. 5. FUNDING PROCEDURE a. Funding Restrictions. The COUNTY funds shall be used for the acquisition of the Property from POST., No 050210 c1 0072509 4 COUNTY County of Santa Clara Parks and Recreation Department 298 Garden Hill Drive Los Gatos, CA 95032 Attn: Director PHONE: (408) 355-2200 FAX: (408) 355-2290 7. HOLD HARMLESS CITY City of Palo Alto Office of the City Attorney P. O. Box 10250 (by mail) 250 Hamilton Avenue, 8th Floor (by hand) Palo Alto, CA 94301 Attn: Senior Assistant City Attorney, Community Services Dept. PHONE: (650) 329-2171 FAX: (650) 329-2646 a. The CITY shall defend, hold harmless and indemnify the COUNTY, its board of supervisors, officers, agents, or employees from all claims for inj uries, including costs and reasonable attorneys' fees, to persons or damage to property which arise from the provisions of this Agreement and to the extent that such injuries, including costs and reasonable attorneys' fees result from negligent acts or omissions of CITY, its officers, agents or employees. b. The CITY additionally agrees to defend, hold harmless and indemnify the COUNTY for any liabilities, including costs and reasonable attorneys' fees, which may be incurred in the event that the COUNTY is named as a party in any lawsuit, claim, regulatory order related to environmental remediation of Hazardous Substances on the Property. The CITY shall have no responsibility, however, to indemnify or hold harmless the COUNTY to such extent as the Hazardous Substances may be introduced onto the Property by the COUNTY or its officers, agents, employees or contractors. 8. RECITALS AND EXHIBITS The recitals above and the attached exhibits are incorporated into the terms of this Agreement by reference. 9. DEFAULT If the CITY defaults on its obligations under this Agreement, the COUNTY may terminate this Agreement only after the CITY has received from the COUNTY thirty (30) days' prior 050210 cl 0072509 6 EXHIBIT A ~, LEGAL DESCRIPTION & PLAT 050210 cl 0072509 8 A.P.NO. 182~033-014 2/3/2005 9:44 AM THENCE South 81 ° 28' 53" East 587.45 feet to a tangent curve, concave southerly with a radius of 525 feet; THENCE along said curve, easterly 117.45 feet with a central angle of 12° 49' OS"; THENCE South 68° 39' 48" East 390.00 feet to the Point Of Beginning. Said Parcell contains 13.273 acres more or less. Said Parcell is shown on attached map Exhibit "B" arid made a p31i hereof. END OF DESCRIPTION EXHIBIT "A" DESCRIPTION CREATED FROM RECORD DATA: ()GRANTDEED RECORD'S SERIAL NUMBER 16550904 DATED OCTOBER 21, 2002. RECORD OF SURVEY BOOK 118 PAGE 12 DATED MARCH 21, 1960. RECORD OF SURVEY BOOK 262 PAGE 2, 3, 4 AND 5 DATED NOVEMBER 25, 1969. REQUESTED BY: BILL FELLMAN PREPARED BY: JAMES T. BOURQUIN APPROVED BY: JAMES D. KIEHL WILDSOFT: AR050304.JOB LEGAL: BRESSLER ONL Y.DOC PLAT: BRESSLER ONLY.DWG Page 2 of 2 EXHIBIT B Conservation Easement 050210 cJ 0072509 9 -\ . \ \ \ , .. ·' c. Natural Resource Projects. The CITY may conduct natural resource restoration and resource management projects, including, but not limited to, the removal of non- native or diseased vegetation, forestation, or reforestation with native plants, or for scientific study, and consistent with limitations set forth in Section 2 above. d. Restoration. The CITY may restore cultural and historical land uses deemed consistent with protecting the Property's natural resources and compatible with general public open space facilities described ~bove, and consistent with limitations set forth in Section 2 above. e. Enforcement. The CITY may enforce any law, statue, ordinance, regulation, code or rule of any lawful governmental authority, as are now in effect and as such may hereinafter be amended from time to time. f. CITY Policies and California Environmental Quali ty Act (CEQA). The CITY shall plan, use, and manage the Property according to all applicable CI,TY land management policies and in compliance with the applicable California Environmental Quality Act laws, rules and regulations, including environmental review and processes for incorporating public input, public workshops, and public hearings before the CITY's Council approval and implementation of any use or management plans.· The CITY shall notify the COUNTY wi thin a sufficient amount of time to enable the COUNTY to take whatever actions may be required as a responsible agency. 4. CONDEMNATION If another public or quasi-public agency seeks to acquire the Property for another public use, Section 1240. 680 of the California Code of Civil Procedure and Section 5542.5 of the California Public Resources Code shall be asserted by both the COUNTY and the CITY, if applicable. 5 . ENFORCEMENT The CITY grants to the COUNTY the ,right, but not the obligation, to enter the Property to monitor and enforce any term, condition, restriction, or covenant of this Conservation Easement or to prevent or prohibit the violation of any conditions, restrictions, or covenants of this Conservation Easement, which will or may destroy the natural and scenic characteristics of. the Property; provided, however, the COUNTY 050210 cl 0072509 13 . i This Conservation Easement has been executed on the date shown below. COUNTY OF SANTA CLARA BY: Liz Kniss, Chair, Board of Supervisors Date: CITY of PALO ALTO BY: Jim Burch, Mayor Date: [Attach a Certificate of Acceptance executed by County.] State of California County of Santa Clara ) ss. On , 2005, before me, -------------------a Notary Public in and for said State, personally appeared ______ , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged to me that s/he. executed the same in her/his authorized capacity, and that by her/his signature on the instrument, the person or the entity upon behalf of which the person acted executed the instrument. Notary Public 050210 c\ 0072509 17 " Final Bay to Ridge Trail The Bay to Ridge Trail is proposed to provide a hiking link between the Bay Trail, which is located along the shoreline of the San Francisco Bay and the Bay Area Ridge Trail, which parallels Skyline Blvd. in the Open Space Preserves of Midpeninsula Regional Open Space District. The connection from Arastradero Preserve to the south will eventually be through Foothills Park, if and when the present ordinance is modified to allow entry into the Park at points other than the main gate. This conceptual connection to Foothills Park is recommended to follow the existing maintenance access trail. This route will be designated as a hiking only route. The Palo Alto Parks and Recreation Commission at its December 15, 2000 meeting tabled a discussion of a Foothills Park connection until it could be adequately publicized and discussed in greater detail. The route towards the Bay will pass through Stanford lands. It also will be designated as a hiking only route. The trail is intended to be open for year round use. However, the Stanford connection may be subject to seasonal closure where it will travel through the Highway 280 underpass, as this route is subject to flooding in the winter months. Currently there are no dedicated routes where Stanford allows public access near the Preserve. This connection will need to be coordinated with Stanford University. Approval of this route could be subject to acceptance of the jurisdictions that review and approve development proposals for the University. The University is now in the process of developing a new land use plan for the campus. A connection to Arastradero Preserve is one of many issues under consideration. Local Connections The intent of designating local connections on the Preserve Trails plan is to augment the only formal access into the Preserve that is provided at the staging area off Arastradero Road. This staging area can accommodate approximately 35 cars, and provides little staging for horse trailers. By providing trail connections from local neighborhoods it will allow people to recreate without having to get in their cars and travel to the Preserve. All of the local connections are to accommodate all users and are to be opened at a minimum to hikers on a year round basis. Within the City of Palo Alto there are two neighborhood connections. One connection would be primarily oriented to equestrians, as it would connect with the Portola Pasture Stables (Stanford property). Arastradero PreserVe Trails Management Program History & Use March 2001 2-4 "