HomeMy WebLinkAboutStaff Report 178-05RECOMMENDATION
Staff recommends that Council:
a) Adopt a resolution approving the grant of a conservation easement in the
Arastradero Preserve Gateway property to the County of Santa Clara in
conjunction with the acquisition of the Gateway property from the Peninsula
Open Space Trust by the City of Palo Alto (Attachment A);
b) Adopt an ordinance amending Sections 22.04.310 and 22.04.330 of Chapter 22.04
of Title 22 of the Palo Alto Municipal Code pertaining to the Enid Pearson
Arastradero Preserve (Attachment B);
c) Adopt an ordinance amending Section 22.04.150 of Chapter 22.04 of Title 22 of
the Palo Alto Municipal Code pertaining to Foothills Park (Attachment C).
BACKGROUND
On February 22, 2005, Council unanimously approved a funding agreement with Santa Clara
County for the acquisition of the 13-acre POST Arastradero Gateway property and the granting
of an associated conservation easement for the perpetual designation of the land as open space
for conservation and recreation purposes (CMR:156:05). In exchange for a funding pledge of
$1,000,000 from the Santa Clara County Park Cha.rter Fund, and a pledge of$l,OOO,OOO from the
California Coastal Conservancy, the Council agreed to designate countywide trails within the
Enid Pearson Arastradero Preserve ("Preserve") and a pedestrian trail through Foothills Park to
. connect the Preserve with the adjoining Los Trancos Open Space Preserve. The interest of the
County and the Coastal Conservancy in contributing to the acquisition of the POST Gateway
property is so that the property will serve as a regional' trailhead facility to access three
countywide trails.
In order to officially designate the San FrancisquitolLos Trancos Creek Trail (C1 Trail) and the
Juan Bautista de Anza National Historic Trail (R1-A Trail) within the Pearson Arastradero
Preserve, and the Matadero CreeklPage Mill Trail (S 1 Trail, referred to as the Bay-to~Foothills
Trail in the Comprehensive Plan) within the Preserve and Foothills Park, amendments to the Palo
Alto Municipal Code have been prepared by the City Attorney.
Similarly, in order to designate two new pedestrian entry points to Foothills Park for the sake of
access to the Sl (Bay-to-Foothills) Trail, an amendment to Palo Alto Municipal Code Section
22.04.150 was prepared for Council's adoption.
DISCUSSION
Resolution to Grant a Conservation Easement in the Arastradero Gateway Property
Pursuant to the terms of the funding agreement Council authorized the Mayor to execute on
February 22, 2005, the City Attorney has prepared the resolution necessary to grant a
conservation easement to Santa Clara County at the time the property is acquired from the
Peninsula Open Space Trust. The terms of the conservation easement with the County for the
designation of the property for recreation and conservation purposes are consistent with the
protections the City would provide for the property under the Palo Alto City Charter when the
property is dedicated upon acquisition as open space parkland.
CMR 178:05 Page 2 of6
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The Report in Brief section of CMR: 156:05 erroneously mentioned the adoption of a resolution
approving an agreement with Santa Clara County. Preparation and presentation of the resolution
was deferred until after Council had considered the merits of the funding agreement and had
authorized staff to proceed with drafting the necessary resolution and amendments to ordinances.
Amend Palo Alto Municipal Code Sections 22.04.310 and 22.08.330
Amendments to Palo Alto Municipal Code Section 22.04:310 (Arastradero Preserve, Esther
Clark Park closed from sunset until 8:00 a.m.) are proposed that would change the name of the
Arastradero Preserve to the Pearson Arastradero Preserve, in accordance with the name change
approved by Council on June 7,2004 (CMR: 308:04).
Similarly, an amendment to Section 22.04.330 (Arastradero Preserve) that would change the
name of the preserve to Enid Pearson Arastradero Preserve is proposed, as well as amendments,
that would require that the Preserve serve as a trailhead facility for three regional trails, namely
the Matadero CreeklPage Mill Trail (S 1 Trail), the San Francisquito/Los Trancos Creek Trail
(C1 Trail), and the Juan Bautista de Anza National Historic Trail (R1-A Trail), designated in the
Santa Clara Countywide Trail Master Plan (Attachment D).
Amend to Palo Alto Municipal Code Section 22.04.150
Amendments to Palo Alto Municipal Code 22.04.150 (Foothills Park) are proposed that would
allow access to the general public for use of Bay-to-Foothills trails, clarify residency restrictions
for persons entering through the park's main gate on Page Mill Road, and allow the general
public (pedestrians only, and not persons on horses or bicycles) to access the park at two
additional designated points-of-entry for the sake of using the S-l (Bay-to-Foothills) trails within
Foothills Park (reference map, Attachment E).
Persons entering through the main gate of Foothills Park, either by car, on bike, or on foot, are
currently 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 up to two vehicles. This practice will
remain in effect with the proposed Municipal Code amendment to paragraph (a). Language has
been added to stipulate that non-residents entering the park on foot, by bicycle or vehicle through
the main gate must be accompanied by a resident, even to gain access to the Bay-to-Foothills
trails.
Currently, Section 22.04.150 (Foothills Park), paragraph (b), specifies the only legal public entry
point to the park is through the main gate at 3300 Page Mill Road. Paragraph (b) has been
amended to add two additional entry points at designated locations on the border with the Enid
Pearson Arastradero Preserve and the Los Trancos Open Space Preserve for the sake of
providing public pedestrian (but not horse or bicycle) access to the Bay-to-Foothills (Sl) trails.
The proposed entry points would be through an existing gate (Gate D) into the Enid Pearson
Arastradero Preserve and through an existing pathway (Gate Z) into the Los Trancos Open Space
Preserve. Park rangers will not staff these pedestrian entry points.
RESOURCE IMPACT
As discussed in the resource impact section of the staff report requesting approval of a funding
agreement and associated conservation easement with Santa Clara County (CMR 156:05), the
CMR 178:05 Page 3 of6
City will benefit from a $1,000,000 acquisition grant from the Santa Clara County Park Charter
Fund in exchange for dedicating three regional multi-use trail routes within the Pearson-
Arastradero Preserve, and a pedestrian trail route connecting the Pearson-Arastradero Preserve
with Los Trancos Open Space Preserve through Foothills Park. The California Coastal
Conservancy has pledged an additional $1,000,000 for the purchase of the POST property. The
proposed resolution to provide a conservation easement is similar to requirements of the Coastal
Conservancy to ensure the perpetual protection of the property as open space parkland ..
There are no anticipated costs associated with the grant of a conservation easement for the
Arastradero Gateway parcel to Santa Clara County.
Since the three trails that will be designated as Countywide trails by ordinance amendment
already exist, costs associated with the maintenance and patrol of the trails, including staffing,
yontracts and materials, is not expected to change. The creation of two additional entry points to
Foothills Park will not significantly increase maintenance expenses. One-time improvements to
the two pedestrian-only entry points will cost approximately $1,500. Staff does not anticipate
that the designation of countywide regional trails will have any financial impact on other City
departments.
POLICY IMPLICATIONS
Dedication of a trail alignment through the Preserve and Foothills Park in conformance with the
Santa Clara Countywide Trail Master Plan (S-1 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
Road to Skyline Boulevard through existing parklands. 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}."
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.
Dedication of the Santa Clara Countywide S-1 regional trail through City-owned park land
would require a Comprehensive Plan Amendment to the Pedestrian Circulation Map (Map T -6)
to specify the points of entry and exit of Foothills Park and the Preserve. Planning staff will
return to Council at a later date with the amendments to the Pedestrian Circulation Map (Map T-
6).
TIMELINE
May 25:
CMR 178:05
The California Coastal Conservancy Board reviews and approves the dedicated
alignment of a regional pedestrian path through the Palo Alto foothills and
approves a contract with the City of Palo Alto for $1,000,000 for the acquisition
of the Property.
Page 4 of6
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Recording requested by and
when recorded return to:
County of Santa Clara
Parks and Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95032
Attn: Real Estate
No Documentary Transfer Tax due:
Revenue & Taxation Code §11922
Exempt From Recording Fees:
Government Code§§ 6103, 27383
CONSERVATION EASEMENT
Project: Arastradero Preserve Gateway Property
APN: 182-033-014, Book 262, Pages 2, 3, 4· and 5
RECITALS
A. The CITY OF PALO ALTO (the "CITY") and the COUNTY OF
SANTA CLARA (the "COUNTY") have entered into an agreement
(Agreement) dated 2005, whereby the COUNTY will grant
funds to the CITY for the purpose of acquiring real property
adjacent to the CITY's Enid Pearson Arastradero Preserve
(hereinafter described as the Arastradero Preserve Gateway
Property ("Property")).
B. The CITY has acquired or will acquire the Property
further described in the attached Exhibit "A", for which the
COUNTY has contributed or will contribute One Million Dollars
($1,000,000.00) of the acquisition cost. The CITY and the COUNTY
wish to maintain the Property as part of the regional park and
open space system in perpetuity.
THEREFORE, for valuable consideration, receipt of which is
hereby acknowledged, the CITY hereby grants to the COUNTY a
nonexclusive easement (provided such other easements do not
interfere with the benefits reserved to the County) in
perpetuity on the Property for public open space and recreation
purposes, as follows:
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shall not attempt to enforce any
Conservation Easement if the CITY is
continues to enforce any such provision.
such provision of
acting to enforce
6. COSTS AND RESPONSIBILITIES
this
and
The CITY assumes all responsibility and cost for the
ownership, operation, upkeep, and maintenance of the Property.
The CITY shall keep the Property free of any liens arising out
of any work performed for, materials furnished to, or
obligations incurred by the CITY. The CITY, its successors, and
assigns, shall be responsible for, indemnify, and save harmless
the COUNTY, its officers, agents, and employees from all
liabilities, claims, demands, damages, or costs arising from the
injury or death of any person or physical -damage to any
property, any act, omission or condition occurring on th~
Property, except for the negligence of the COUNTY its officers,
agents or employees. The CITY's duty to indemnify and save
harmless includes the duty to defend as set forth in California
Civil Code Section 2778.
7. RECORDING
The COUNTY shall record this Conservation Easement in
the Official Records of Santa Clara County, California. The CITY
shall notify the COUNTY if and when the CITY initiates any
action that would require the re-recording of this Conservation
Easement by the COUNTY.
8. GENERAL PROVISIONS
a. Choice of Law. The internal laws of the
State of California shall govern the validity of this
Conservation Easement, the construction of its terms, and the
interpretation of the rights and duties of the parties,
regardless of any choice of law principles.
b. Rights Cumulative. Each and all of the
Parties' various rights, powers, and remedies shall be
considered cumulative with and in addition to any other rights,
powers, and remedies, which the parties may have at law or in
equity in the event of the breach of any of the terms of this
Conservation Easement. The exercise or partial exercise of any
right, power, or remedy shall neither constitute the exclusive
election thereof nor the waiver of any other right, power, or
remedy available to such party.
050210 cl 0072509 14
d. Severability. If any provision of this
Conservation Easement or its application to any person or
circumstance is found invalid, the remaining provisions of this
Conservation Easement or their application to persons or
circumstances (other than those for which it is found invalid)
shall not be affected so long as the purposes of this
Conservation Easement can still be carried out.
e. Costs of Enforcement. The prevailing party
in the any litigation or arbitration between the Parties to
enforce or to interpret the terms of this Conservation Easement
shall be entitled to recover court or arbitration costs and
reasonable fees of attorneys, accountants, consultants, and
expert witnesses incurred by such party for the litigation or
arbitration, including costs and fees incurred because of any
appeals. The prevailing party also shall be entitled to recover
all costs and fees that may be incurred in enforcing any
judgment or award. This provision shall not be merged into any
judgment, but shall survive any judgment.
f. Captions. The captions in this Conservation
Easement have been inserted solely for convenience of reference
and are not a part of this Easement and shall have no effect
upon construction and interpretation.
9. ENFORCEABLE COVENANT AND RESTRICTION
This Conservation Easement and every term, condition,
restriction an,d covenant herein is intended for the benefit of
the COUNTY and constitutes an enforceable restriction. The CI~Y
and the COUNTY expressly intend that this covenant is to run
wi th the land to constitute an equitable servitude and shall
bind every successive owner of the Property or of any interest
in it, and shall be enforceable by the COUNTY, its successors
and assigns.
10. NO THIRD PARTY BENEFIT
This Conservation Easement is made for the sole
benefi t and protection of the CITY and the COUNTY. Nothing in
this Conservation Easement shall be deemed to require the
approval or consent of any third party, owner, or occupant of
aJ!.y other parcel of real property located in or out of the
CITY's boundaries other than the COUNTY or to create any right
in any third party for enforcement of the terms of this
Easement.
050210 cI 0072509 16
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CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
This is to certify that the interest in real property
conveyed by the foregoing Conservation Easement from the City of
Palo Alto, a municipal corporation, referred to as "Grantor", to
the County of Santa Clara, a political subdivision of the State
of California, referred to as "Grantee", is hereby ordered of
the County of Santa Clara on 2005, and the Grantee
consents to recording thereof by its duly authorized officer.
Date: _______________ , 2005
By
Liz Kniss, Chair
Board of Supervisors
APPROVED AS TO FORM and LEGALITY:
Kathryn A. Berry
Deputy County Counsel
Date:
050210 cI 0072509 18
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***NOT YET APPROVED***
SECTION 4. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
050112 cl 0072494 2
Mayor
APPROVED:
City Manager
Director of Community
Services
***NOT YET APPROVED***
(b) Unless otherwise specifically authorized by the
director, no person who is a resident of the city shall enter or
exi t from Foothills Park except through the main gate on Page
Mill Road or at designated entry and exit locations on the park
boundaries shared with the Enid Pearson Arastradero Preserve and H .... H ••• _H.·.H __ ... ~WHH_ ... _· ______ • _____ ·__________ • • ____ • __ ..... ___ .. ______ • __ ...... _ ........ _ ... _ ..... ___ •• __ _
the Los Trancos Open space Preserve. No person who is a
resident of the city shall enter or exit from the Bay-To--Ridge
trails in the park except on foot. For the purpose of using the
Bay-To-Ridge trails in the park, no person who is not a resident
of the city shall enter or exit the park except on foot and at
the designated entry and exit locations on the park boundaries
shared with the Enid Pearson Arastradero Preserve and the Los
Trancos Open Space Preserve. No entry by any person who is not a
resident· at these designated entry and exit locations on the
shared park boundaries shall be permitted by horse or bicycle.
Violations of this subsection shall be a misdemeanor.
(c) Foothill Park shall be closed from sunset (the
actual closure time to be prescribed in park regulations and
posted accordingly) until 8: 00 a .m. the following morning. No
person shall remain in Foothills Park, other than duly
authorized city employees and permit holders or participants in
city-sponsored activities, during the hours of park closure.
Violations of this subsection shall be a misdemeanor.
(d) No person shall exceed the maximum speed limit
for all vehicles in Foothills Park of twenty miles per hour.
Violations of this subsection shall be an infraction.
(e) No person shall leave an unauthorized vehicle in
Foothills Park after the closing time designated and posted for
closirig of. the park. Violations of this subsection shall be a
misdemeanor.
(f) No person shall operate a bicycle or a motorcycle
except on the paved roads of Foothills Park. No person shall
operate a skateboard or roller skates or blades or other
coasting device in Foothills Park. This subsection shall not
apply to a bicycle or motorcycle operated by a police officer or
park ranger acting in the course and scope of his or her duties.
Violations of this subsection shall be an infraction.
(g) No person shall smoke on any trail in Foothills
Park. Violations of this subsection shall be a misdemeanor.
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