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HomeMy WebLinkAbout2001-05-14 City Council (3)City of Palo Alto TO: City Manager’s6eport HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE: SUBJECT: MAY 14, 2001 CMR: 231:01 APPROVAL OF THE ARASTRADERO PRESERVE TRAIL MASTER PLAN AND OF THE ENVIRONMENTAL IMPACT ASSESSMENT APPLICATION BY THE PALO ALTO COMMUNITY SERVICES DEPARTMENT FOR IMPLEMENTATION OF THE TRAIL PLAN. A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED FOR THIS PROJECT IN ACCORDANCE WITH CALIFORNIA ENVIRON- MENTAL QUALITY ACT (CEQA) REPORT IN BRIEF In November 1996, the City Council approved the Arastradero Preserve Management Plan. Element Four of the Management Plan indicated that, as part of restoring habitat within the .Preserve, trail routes need to be assessed and modified where appropriate. Staff has worked with consulting park planners, geologists and environmental biologists to thoroughly analyze both the designated trails which appear on park maps, as well as renegade trails that have developed over the years by park users. ¯ Amphion Environmental, the principle consultant hired to draft the Trail Master Plan, has created a plan that: improves popular multi-use trails; reroutes trails that are too steep or inappropriately sited in sensitive habitat; designates trails as either year-round or seasonal access; and closes some trails that are redundant or that are inappropriately sited in environmentally sensitive habitat areas. Presently there are 17 miles of trails, paths and roads throughout the preserve; 8 ½ miles of these roads and trails are recognized on park maps as approved routes. The Trail Plan proposes that 5 miles of trail be designated and maintained for year round recreational use and an additional 5.3 miles of trail be limited or .seasonal use. The plan recommends that 6.8 miles of existing, informal trails that are causing environmental damage be closed and the sites restored to their natural condition. .CMR:231:01 Page 1 of 10 Throughout the development of the plan, input was sought from park users, neighbors of the preserve, neighboring communities and other stakeholders. The trail plan was evaluated by Thomas Reid Associates for environmental impacts. An initial study recommending a mitigated negative declaration was reviewed and approved by the Planning Department. Both the Trail Master Plan and environmental recommendations were reviewed separately by the Parks and Recreation Commission. On March 27, the Parks and Recreation Commission conducted a public hearing on the findings for a mitigated negative declaration. Comments from that hearing are included as a part of this report. CMR:231:01 Page 2 of 10 RECOMMENDATION " Staff and the Parks and Recreation Commission recommend that the City Council approve the Arastradero Preserve Trail Master Plan and Environmental .Impact Assessment applications for a mitigated negative declaration based upon the findings provided in Attachment C. BACKGROUND The Open Space Division contracted with Amphion Environmental, in association with Thomas. Reid Associates and geologist Steven Singer~ for the development of .a .comprehensive Trail Master Plan. The intent of this planning project was to develop a trail plan that would continue to accommodate public use, while looking at ways to protect and enhance the preserve’s natural resources. The consultants were tasked with researching the conditions of the existing trail system, conducting public workshops to gather information from park users, park neighbors and concerned citizens, and making recommendations for improvements that would reduce environmental impacts and the overall size of the trail system. ¯ As part of the planning process, the contractor and staff facilitated three public workshops to involve park users, residents and concerned citizens. The first public two- hour workshop was held at the Arastradero Preserve on Saturday, June 17, 2001. Using comments, suggestions and concerns from the first workshop, the consultants refined the trail plan and discussed advantages and disadvantages of the plan at a second public meeting held July 26, 2001, at the Palo Alto Art Center Auditorium. A third public workshop was held March 3, 2001, at a private horse stable near the Preserve to address questions and concerns of equestrians from both local stables and from Portola Valley who frequently ride in the Preserve. The consultant recommended a series of "backbone" loop and destination trails that are all weather and that will be open year around. The plan also recommends the rerouting or improvement of poorly sloped or inappropriately sited trails. The Arastradero Preserve Management Plan, which was adopted by Council in 1996, suggested the entire trail system within the preserve be thoroughly analyzed in terms of: ~public access, ~access for utility and emergency vehicles, ~protection of riparian corridors and important habitat, and ~means for trails to accommodate various park users, such as equestrians, mountain bikers, hikers and joggers. CMR:231:01 Page 3 of 10 Bay Area Action, as the contracted Stewards of the Arastradero Preserve since 1996, has evaluated many individual trail segments. In some areas of the preserve,..trails have been rerouted or closed to try to prevent damage to environmentally sensitive areas. Atter two years of work on the trail system, Bay Area Action agreed with staff that it would be more effective to hire a qualified park planning consultant to conduct a comprehensive analysis of the trail system. Working with subcontracted geologists and environmental consultants, a consultant would not only be able to fairly evaluate the trail system, but would also be able to prepare Environmental Impact Reports necessary to proceed with needed trail rerouting or the creation of new trails. DISCUSSION After eight months of field study, soil evaluation, gathering comments from the Fire and Utility Departments, and public comments from surveys and two public workshops, a draft trail master plan was presented to the Park and Recreation Commission for review and further public discussion. The major findings of the consultant were: Existing Trails Were Not Engineered for Public Use Most of the formal trails within the Arastradero Preserve that appear on printed park maps and in the trail system recommended by the Arastra Citizens Advisory Committee in 1984 were former ranch access roads and cow paths when. the City acquired the property through inverse condemnation in 1979. With the exception of the utility road that was built to service power and water lines along Arastradero Creek, none of the existing trails in the preserve were specifically designed for general public use. Since the preserve was opened to the public .in 1984, numerous informal trails have been created by hikers, equestrians and mountain cyclists. These trailsare generally referred to as "renegade," "volunteer," or "informal" trails. .A majority of the formal and informal trails within the preserve do not conform with commonly accepted County or State trail standards in terms of slope, width, cross slope or trail tread smoothness. Rather than being curvilinear and following the contours of hills, trails often lead straight up the face of the hill at slopes exceeding 15%. As a result; many of the existing trails are characterized by deep rutting along the face of the trail tread, where run-off water has channeled. Trails in Wet Soils In many areas of the Preserve, ground water percolates near the ground surface. This results in moist and muddy soil from September through late June. Where trails run through these boggy areas, the trails often widen to ten or fifteen feet as park users seek solid ground. In the past, bikes and equestrians were forbidden from riding on gravel utility roads. Along some corridors in the preserve, especially between Gate C at the end of John CMR:231:01 Page 4 of 10 Marthens Lane and the former house site, and between gate B and the Arastradero Reservoir, multiple parallel trail paths have been created by different park users. These parallel paths are referred to in the Master Plan as "redundant" trails. Although the former Perimeter Trail was created along the edge of a creek to take advantage of the shading tree canopy and pleasant foliage, the trail was build on unstable loamy soil very close to the creek edge. This trail causes a significant amount of erosion .into the creek and is very difficult to maintain in a safe condition. Because plants along this riparian corridor grow fast and strong, staff spends an inordinate amount of time in this area cutting back shrubs and trees that provide shelter to birds and animals. Staffing Is Inadequate For Expanding Trail System When the preserve was opened to the public in 1984, rangers from the adjoining Foothills Park were given the additional responsibility of patrolling and maintaining the trails within Arastradero Preserve. Since the preserve was designated as a "low use and low impact" park, managing the 8.5-mile trail system was not initially a problem. However, since the preserve has become immensely popular with hikers, mountain bikers, dog walkers and equestrians over the last five years, the one Foothills Park ranger assigned to the preserve is not able to adequately patrol a trail system that has doubled to 17 miles. One of the objectives of the Trail Master Plan is to reduce the amount of trails to an amount that can be satisfactorily patrolled and monitored by the present staff. The proposed Master Plan suggests maintaining a multi-use trail system that will be shared by hikers, equestrians and bicyclists. The former trail system had only one trail, the Perimeter Trail, which restricted use to only horses and hikers. The consultants determined that. this particular trail route was inappropriately sited adjacent to a creek, and has recommended that the trail be rerouted away from.the creek corridor. The resulting new trail will not be restricted. Very few of the "official,’ preserve trails that appear on current trail maps are slated for closure. Only trails that pose serious, documented threats to habitat, native plant stands or riparian corridors have been recommended for closure. However, the report recommends that "renegade" trails that have been created over the years by off-trail users and City vehicles be abandoned for public use and restored to natural conditions. The initial draft plan recommended connections with both Stanford lands and Foothills Park for a "Bay-to-Ridge" Trail, as recommended by the City’s Comprehensive Plan, Staff and the consultants recommended that the trail connections be limited to hiking only. The connection to Foothills Park would have utilized existing maintenance access trails. No new trails would be built to accommodate this connection. Staff is continuing to work with the Stanford University Planning Office to plan a trail alignment between CMR:231:01 Page 5 of 10 the "Dish" area of the campus, through cow tunnels under Highway 280, and connecting to the Stanford Pastures Trail above the preserve parking lot. Staff hopes to complete ¯ discussions with Stanford on the specifics of the trail alignment within the next year. PARKS AND RECREATION COMMISSION REVIEW AND RECOMMEND- ATIONS At its December 5, 2000, regular meeting, the Parks and Recreation Commission reviewed and approved the draft Trails Management Plan. Two representatives from Bay Area Action, who were involved with the development of the plan, spoke in support of the plan and the benefits to habitat protection. Commission members discussed in depth the closure of one segment of the Perimeter Trail, and how the closure may affect access for equestrians from Portola Pasture Stables. Julie Bondurant, Plan Project manager for Amphion Environmental, explained the justification for the trail closure based on the very close proximity of the trail to Arastradero Creek and damage caused by soil erosion into the creek. Satisfied with the explanation, the Commission voted 7-0 in favor of the draft, plan with the exception of proposed hiking trail connections to Foothills Park. Because connecting a hiking trail with Foothills Park could affect a long-standing residency requirement for Foothills Park, the Commission felt that this particular trail connection should be discussed separately by the Commission in the future, after substantial public notice. After the Commission approved the draft plan, Thomas Reid Associates prepared an initial environmental study of the plan and completed a CEQA checklist. Staff returned to the Commission on March 27, 2001 with the findings of the initial study, which included recommendations for a mitigated negative declaration for the project, together with suggestions for minor amendments to the draft Trail Plan. This Commission meeting satisfied CEQA requirements for an initial public heating. Prior to the March 27th Commission meeting, staff and the City Council received three letters from equestrians who regularly ride their horses in the preserve. In response to concerns raised in the letters, staff made arrangements to hold a special public meeting at ¯ a stable near the preserve to meet with concerned equestrians. On Saturday, March. 3, Open Space Superintendent Greg Betts, Amphion representative Julie Bondurant,Park Rangers Lee Hickinbotham and Michelle Wagner, and Preserve Stewards David Smernoff and Karen Cotter met at Portola Pasture Stables with approximately twenty .equestrians. Staff addressed numerous concerns from the audience and explained the rationale for suggested seasonal trail closures. The audience expressed three major concerns: Arastradero Creek Trail segment 3, between the junction with the Oak Trail and the border of the preserve near Foothills Park,-is steep and provides horses with a healthy workout. It was suggested the designation of this trail be changed from seasonal access to year-round access. CMR:231:01 Page 6 of 10 ~The City should .USe trail maps, kiosk displays, and trail informational signs to promote proper trail etiquette including how park users should pass each other on preserve trails. Trails that are closed seasonally because of rain should be promptly opened once the rain subsides and the trail surface dries adequately to allow horses and other park users. Staff agreed these concerns were valid, and incorporated the suggested changes into the amended Trail Plan and initial study which was presented to the Commission on March 27t~. The amended Trail Plan and initial study with findings for a mitigated negative declaration were approved with 6 "yes" votes, 0 "no" votes, and 1 abstention by Commissioner Gioumousis. Commissioner Gioumousis expressed concems about the Arastradero Creek Trail segment 1 being widened in areas where there are serpentine soils. RESOURCE IMPACT Amphion Environmental has estimated the cost of implementing all of the recommendations of the Trail Master Plan at between $550,000 and $1,200,000. The lower cost largely depends on the extent to which the City is able to use volunteers and in-house services for tasks such as surveying. Alternately, the higher cost estimate assumes that private contractors will perform most of the work. Capital Improvement Program The proposed Capital Improvement Program Project 10001, Park Trails, budget includes $773,000 in the five-year period beginning July 1, 2001, for trail improvements in Foothills Park, the Arastradero Preserve and Baylands Nature Preserve. These funds are intended to provide for the annual clearing of trails, repair of split rail fences and repair of picnic areas. Staff anticipates allocating approximately $100,000 per year for trail improvements within Arastradero Preserve over the next five years. In addition, Capital. Improvement Program Project 0118, All Weather Arastradero Road Paving, will provide $275,000 for the stabilization of the utility access trail tread (road surface) that runs along Arastradero Creek between the border of Foothills Park and Arastradero Lake, and between Gate B on Arastradero Road and the Arastradero Lake. General Fund - Operating Budget The General Fund allocates $25,000 annually for routine maintenance of open space trails. Approximately $12,000 will be spent annually for trail maintenance in the preserve for projects such as repairing drainage ditches and water bars, clearing brush along the trail corridors, and maintaining directional trail signs. CMR:231:01 Page 7 of 10 Volunteers and In-kind Donations Staff will continue to work cooperatively with Bay Area Action-Peninsula Conservation Center Foundation, the Trail Center, and other local agencies ~to provide volunteers for. trail building and maintenance. Over 3,000 hours of volunteer service are donated annually for trail projects within the Preserve. Grant Funds Funds are .also being sought from State and Federal grant programs for the restoration of former trail sites and the creation of regional trail connections. The City was recently awarded $22,000 from the National Park Services for the improvement of the Juan Bautista de Anza Trail within Arastradero Preserve. Additionally, $100,000 was. allocated in the State budget, at the request of Senator Byron Sher, for creating trail connections between Arastradero Preserve and Stanford University as part of the development of the Bay-to-Ridge Trail. POLICY IMPLICATIONS All of the proposed trails are within the Arastradero Preserve, which is designated "Publicly Owned Conservation Land" on the City of Palo Alto’s Comprehensive Plan Land Use & Circulation Map. The primary purpose of this land use designation is the preservation and enhancement of the natural state of the land and its plant and animal life. However, the Comprehensive Plan specifies that compatibly designated and operated resource management, recreational, and educational uses are allowable under this land use designation. The proposed trail master plan is consistent with this range of allowable uses and has been carefully designed to minimize impacts, Moreover, as designed, the .project is consistent with the following Comprehensive Plan policies: ~ Policy N-1 Manage existing public open space areas and encourage the management of private open space areas in a manner that meets habitat protection goals, public safety concerns, and low impact recreation needs; Policy N-2 Support regional and sub-regional efforts to acquire, develop, operate, and maintain an open space system extending from Skyline Ridge to San Francisco Bay; Policy N-3 Protect sensitive plant species resources from the impacts of development; Policy N-10 Work .with the Santa Clara Valley Water District ’ and other relevant regional agencies to enhance riparian corridors and provide adequate flood control by use of low impact restoration strategies; ~Policy N-11 Preserve the integrity of riparian corridors; ~Policy N-12 Preserve the habitat value of creek corridors through the preservation of native plants and the replacement of invasive, non-native plants with native plants; Policy N-13 Discourage creek bank instability, erosion, downstream sedimentation, and flooding by minimizing site disturbance and vegetation CMR:231:01 Page 8 of 10 removal on or near creeks and carefully reviewing grading, and drainage plans for developmentnear creeks and elsewhere in the watersheds of creeks; Policy N-50 Implement public safety improvements, such as access roads and ~other infrastructure, in a manner that is sensitive to the environment. .TIMELINE Once Council has adopted the Trail Master Plan and made findings for a .mitigated negative declaration, the public has thirty days in which to challenge the accuracy of the environmental assessment. If no challenge is raised within thirty days, the findings become final. Using the guidelines included in the Master Plan, staff will then seek bids from qualified t~ail building contractors for the rerouting of trail segments and restoration of closed trail segments. Volunteers working under the direction of staff or Preserve stewards will accomplish some trail improvements and closures. Most of the proposed work will be initiated when the ground is pliable in early spring 2002~ ENVIRONMENTAL REVIEW The Planning Department has reviewed the recommendations ,of the consultants who prepared the initial study and determined that there are findings for a mitigated negative declaration ATTACHMENTS Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Arastradero Preserve Trail Master Plan (Amphion Environmental) (Council Members only) Arastradero Preserve Trail Master Plan Initial Study (Thomas Reid Associates) (Council Members only) Planning Department Environmental Assessment and findings for a mitigated negative declaration Parks and Recreation Commission Minutes, December 5, 2000, Review and approval of the Draft trail master Plan Parks and Recreation Commission Minutes, March 27, 2001, Public Hearing on the Initial Study and Recommendations Letters from the public CMR:231:01 Page 9 of 10 ¯ PREPARED BY: BETTS Superintendent, Open Space & Sciences REVIEWED BY: Director, Community Services CITY MANAGER APPROVALE~/ARI~SON " Assistant City Manager .CMR:231:01 Page 10 of 10 , .,.:---, ,_-.-. ATTACHMENT C City of Pale Alto ENVIRONMENTAL A S SESSMENT NOTICE IS HEREBY GIVEN that a Mitigated Negative Declaration has been prepared by th~ Pale Alto Dcparlrnent of Planning and Community Environment for the project listed below. I1 a~ordan~ with A.B. 886, this document will be available for review and comment during minimum 30-day inspection ~riod beginning March 21, 2001 to April 19, 2001 during the hour~~ of 8:00 AM to 12:00 noon and 1:00 PM to 4:00 PM in the Planning Division, Civic Center, 250 Hamilton Avenue, fifth floor, Polo Alto, California. " The Park and Recreation Commission will make a recommendation on this item at its meeting on March 27, 2001 at 7:00 p.m. in the Pale Alto City Council Conference Room on the first flooi" of the Civic Center, located at 250 Hamilton Avenue, Pale Alto, California. The Pale Alto City Council will take action on this item at a future m~ting yet to be scheduled. Arastradero Preserve Trails Management Plan This Plan supplements the 1996 Arastradero Preserve Management Plan. . It establishes trail management objectives, strategies and recommendations, and it provides a priority system for determining which trails to maintain in any give year. The Trails Management Plan reflects the results of a preserve-wide environmental consu’aints analysis that was don~ during the l~reparation of the Plan to protect envirom]m:ntally semi.tire areas. The Trails Management Plan recommends that atotal of 10.3 miles of trails be kept open and maintained for public use, including 5 miles of trails that are to be maintained year round use and 5.3 miles that are to be maintained for limited or seasonal use, ~ recomincnds permanent Closure and restoration of 6.8 miles of existing informal trails that causing environn~ntal damage or are redundant. Environmental Assessment.. Mitigated Negative Declaration. #### G, Edward Gawf, Director of Planning and Community Environment In compliance with the American~ wilh Di~abilt’ties Act of 1990, listening assistive devices are available In the Counct~ Chambers and Council’Conference Room. Sign language interpreters will be provided upon r~q~e4t with 72 hour~ advance notice. To be published: PALO ALTO WEEKLY- PO# PLAl O5 2 0-EIA . BILLING 2 x 2 column inch @ 7pt. Wednesday, March 21, 2001 -25- PLEASE USE THIS NUMBER FOR DRAFT REQUESTEL [Please send tear sheet and notice of publication to: Zariah Betten, City of Polo Alt~ Planning Division, P.O. Box 10250, Palo Alto CA 94303,1 ATTACHMENT D ~Approved MINUTES PARKS & RECREATION COMMISSION December 5, 2000 Council Conference Room ¯ ¯250 Hamilton Avenue Commissioners Present:Richard Beekwi~h, Ellie Gioumousis, Jennifer Hagan, Edie Keating, Judith Steiner, William Garvey and Lynn Torin Commissioners Absent: Staff Present: Paul Thiltgen, Richard James, Greg Betts and Erin Solheim CALL TO ORDER: Meeting called to order by Chair, Lynn Torin at 7:00 p.m. ROLL CALL: Conducted by Erin Solheim ORAL COMMUNICATIONS: None AGENDA CHANGES, REQUESTS, and DELETIONS:. BUSINESS: 1. Approval of draft minutes of November 28, 2000: Approved as submitted. Discussion and recommendation on Arastradero Preserve Trail Master Plan. Hikers, bikers, joggers, dogs on leashes, and horseback riders all use the trails at the Arastradero Preserve. The Preserve was designed to be a low intensity and low cost park. The preserve was not intended to duplicate other existing parks. There are 15 miles of trails and 609 acres of park in the preserve. A Request for Proposal (RFP) went out in March of 2000 to develop a master plan for the. Arastradero Preserve. Amphion Environmental, Inc. was chosen for the project. The Arastradero Preserve Master Plan provides guidelines for developing staffing and budgeting priorities for trail management, maintenance and rehabilitation programs. The plan includes policies for trail construction and maintenance, such as a trail maintenance checklist for park rangers, explaining how the trails should look. An objective of the Arastradero Preserve is to create a core system of shared use trails for ~,ear-round use, with secondary trails that can be utilized during the wet seasons. The proposed trail map shows regional trail connections to other open space preserves and parks. Regional trail connections and the Bay to Ridge Trail are included in the City ofPalo Alto’s Comprehensive Plan. Another objective is to maintain the trails and make safety improvements where needed. Trail closures may happen where the existing trail is degrading and where a parallel trail can provide the similar experience. The issue of regional trails connecting to Foothills Park was brought up due to the park’s residency requirements. Connecting to the park would require a major policy change. Council has approved the plan with the connecting trail going along the perimeter of the park for non- resident trail users. Action: The Commission agreed to re-agendize the connection to Foothills Park to discuss the pros and cons. Presentation from Bay Area Action. Karen Cotter and David Smemoff of Bay Area Action (BAA) talked about the role they play in the. Arastradero Preserve. The City has a 4-year agreement with Bay Area Action for shared stewardship responsibilities in the Preserve. BAA is responsible for developing a management plan for. the Arastradero Preserve, including assessment of the trails and habitat, education, research, environmental awareness, correct trail maintenance and repair, and to encourage native plants to grow in the preserve. Some projects BAA are involved with are studying native grasses and shrubs, controlling the density of invasive species, monitoring Arastra Creek, working with volunteers; improving wildlife habitat, GPS mapping of trails, identifying erosion problems, studying areas of concern in the Preserve, and educating the pubhc about which trails to use. ,BAA is working with a task force to design a Gateway Facility at the Preserve. A question was asked if the park rangers have seen an increase in usage of the Preserve ¯ since the Bowl has been closed. The rangers thought that there is an increase in usage during the summer months. More parking spaces will allow for more usage of the park. The Police should enforce illegal parking. Limiting parking at the Preserve will protect resources. Parking is a separate issue and is not included in the Arastradero Preserve Plan. A motion was made to generally approve the plan and the concept of the plan. (Gioumousis/Beckwith) An amendment to the motion was made stating that the Commission makes no recommendation at this time to whether or not there should be access between Arastradero Preserve and Foothills Park. Parking and access through the open gate issue will be discussed at another time. (Hagarg Beckwith) A motion was made to close the discussion and vote on whether or not to approve the plan with the exception of access between Arastradero Preserve and Foothill Park. (Garvey/Beckwith - unanimous) The Arastradero Preserve Master Plan was approved (by unanimous vote) as presented with the exception of the connection between Arastradero Preserve and Foothills Park. Discussion of a commission statement on Cubberley. Paul Thiltgen talked about thejoint facility study involving Cubberley Community Center. The Commission will have an opportunity to meet with the consultants and provide feedback on Cubberley. The Commission can come up with a structured statement to be included in the consultant’s report. COMMENTS AND ANNOUNCEMENTS: Lynn Torin announced that commissioners could decide whether or not to keep the same parks each year for park monitoring. Ellie passed around a handout on the flora of Foothills Park. The Commission will have a retreat on February 27th to set priorities. Lynn Torin, Richard Beckwith and Edie Keating will meet with Paul Thiltgen and Richard James on January 9tb at 4:30pm to discuss fi:amework for setting goals and priorities. AGENDA FOR JANUARY 23, 2000 MEETING: 1.SOFA Report 2.Framework for Setting Priorities 3.Cubberley Statement 4.Status on the Gateway Project THE MEETING ADJOURNED AT 9:40p.m. (Garvey/Hagan) ATTACHMENT MINUTES APPROVED PARKS & RECREATION COMMISSION Regular Meeting March 27, 2001 Council Conference Room 250 Hamilton Avenue Commissioners Present:Richard .,Beckwith, Ellie Gioumousis, Jennifer Hagan, Edie Keating, William Garvey and Lynn Torin, Councilmember Victor Ojakian Commissioners Absent: Staff Present: Paul Thiltgen, Greg Betts, Dawn Calvert, Debbie Moore, Julie Caporgno and Erin Solheim CALL TO ORDER: Meeting called to order by Chair, Lynn Torin at 7:05 p.m. ROLL CALL: Conducted by Erin Solheim. ORAL COMMUNICATIONS: AGENDA CHANGES, REQUESTS, and DELETIONS: None BUSINESS: 1. Approval of draft minutes of January 23, 2001: Approved as amended. (Gioumousis /Hagan) Public Hearing: Arastradero Master Plan EnvironmentalImpact Review. Greg Betts summarized the March 3rd meeting with Portola Stables and the consultants, in which they discussed the equestrians concerns and ideas and talked about the environmental benefits of the trail p!an. Concerns discussed were seasonal trail closures,, courtesy and trail etiquette, and the Arastradero Creek Trail (utility road with a gravel surface). ¯"Seasonal" trail closures. Seasonal trail closures will be managed by the rangers and trails will be closed based on actual trail tread conditions, not on a calendar basis. ¯Courtesy/trail etiquette. Information on trail etiquette will be posted on the Preserve bulletin board and on revised Preserve trail maps. ¯The Arastradero Creek Trail (utility road with a gravel surface) goes along the Arastradero Creek, and towards Foothills Park. Equestrians enjoy this trail because it is steep and gives horses a good workout. The Arastradero Creek Trail is not a loop trail. The equestrians were not interested in using this trail for access into Foothills Park, but for exercising their horses. Because the tread of the trail is gravel, the consultant thought it would be okay to use the trail year around. Access to this segment of the Arastradero Creek trail will allow horse owners to give their horses a good work out during winter months. These changes were assessed by the consultants and it was determined that this change did not create any adverse environmental impacts. Julie Caporgno, Pale Alto Planning Department, gave an overview on the California Environmental Quality Act (CEQA) review process and explained how the process works. Caporgno explained that the last.time the commission saw the project, it was without, the benefit of the environmental review. The project (trails) has since been slightly modified due to the environmental impacts. .. Betts explained that the Trail Management Plan has been distributed by the Consultant to the Governor’s Office of Planning and Research at the State Clearinghouse. They provide the document to many other agencies for review. All agencies reviewing the document have a 30-day period to review and make comments. The period ends on April 12, 2001. Caporgno e.xplained that the commission’s role in the public heari~g.~sAo evaluate the information in the initial study prior to making a recommendation. In thd-recommendation to the decision making body (City Council), the commission should acknowledge that they have studied and are aware of the environmental information and declare a negative declaration. The City Council will take into consideration the initial study prior to approving the project and adopting a negative declaration of findings. There is a notice of determination filed after Council approves the plan (30-day waiting period) to allow for lawsuits. Public Testimony: Herb Borock, of P.O. Box 632, Palo Alto, CA 94302, questioned how the public gets access to the environmental documents for review. Borock said the doc.ument reviewed at the meeting is different than the document available for review at the libraries back in December. Betts said that copies of the document are available for public review at the Palo Alto Main Library in the reference section, and at the Junior Museum and Zoo. Borock had concerns about the following: 1) the trail connection to Foothills Park, 2) the linkage of this project and City’s receipt of state and federal government funding for the trail plan, 3) the relationship with Portola Pastures and about having a plan that links the trails to a private entity, and 4) the sealed surface of the Arastradero Creek Trail. Borock’s final concern was about Commissioner Hagan’s possible conflict of interest. Borock submitted a report on for the commission file. Lynn Chiapella, of 631 Colorado Avenue, Palo Alto, CA 94306, spoke about her concerns on the following issues: 1) the. relationship with Portola Pastures and naming the connecting trail the Portola Pastures Trail. Chiapella commented that she thought Portola Pastures should pay for the costs of trail maintenance and not Palo Alto because it’s for the benefit of Portola Pastures only. 2) Utility lines and access roads. If some of the trails have been eliminated, how will the utility trucks have access to the poles for service? Driving off the trails makes new trails, which creates serious problems of spreading thistles and other non-native weeds. 3) Use of the Bowl "The Jump" for bike stunts. Jumps have been created and it has become dangerous for other users. 4) On page 17, figure 8, Chiapella wanted to make sure the disk lines are correct. 5) There are trail minimums listed as 4, 6 and 10 feet, but no maximums on the trail width. 6) The plan is more elaborate and looks like it will cost. more than Council originally had in mind. Where is funding coming from? David Smemoff, of Bay Area Action, said that he has been working with the City of Palo Alto on the Arastradero Master Plan for 4 years, and wanted to support the work done by Greg Betts, the rangers and Amphion Environmental. Smernoff supports the plan and 2 thinks it will be beneficial to have a document that lays out everything that should be done and where the trail system should be, .,and the environmental constraints. Public hearing closed-at 7:50pm Responses from staff:~: :,,,~,.. ~ ,.; .....~, ,... Q: Relationship between the Trail Master Plan and.Foothills Park: Betts explained that the commission had previously asked to have the trail connection to Foothills Park be tabled and held as a separate item to be discussed publicly noticed and discussed. Still remains as not a portion of the trail plan. Q: The City’s receipt of state and federal go.vemment funding for the trail plan. Betts explained that Senator Byron Sher appropriated money through the State of California’s Proposition 12, earmarking $100,000 to the City of Palo Alto for the Bay to Ridge Trail Development. The money will not be used for trail connections through Foothills Park. Q: The relationship with Portola Pastures, and having a plan that links the trails to a private entity, serving special interest groups. The consultants and City talked to the equestrians at the stables and the neighbors, about regional trail connections, connections to Los Altos Hills and Portola Valley. There have been other public meetings. The goal is to resolve all complaints and problems before it goes to City Council. Q: Impervious surface onthe utility trails (Arastrade,ro Creek trail/Corte Madera trail). The City and consultants have been coordinating with the Fire and Utilities Departments to make sure that the are working together to address concerns about past behaviors of the utility trucks, to design turn around spots that organize the movement around the Preserve. Q: Page 17, Figure 8 in the Initial Study. Greg Betts showed on the map where the regional trail system connections and where the entry points are located. Q: Trail surfaces. The majority of the trails are compacted dirt. The Arastradero Creek Trail, Gate 2A, has a lot of moisture, and is very muddy in winter. Path keeps getting wider. The trail has been raised with base rock, allowing the water to flow underneath. The maintenance trails used by park rangers and utility trucks are made of crushed rock. Some trails that need t6 be stabilized have been mixed with a hardening agent to reduce erosion of the trail tread and water impacts. National Park Service has used this surface product because it’s safe along creek corridors and when this hardening agent is mixed with sand or granite, and it blends in with the surrounding surfaces. Its texture is like asphalt, and some horse riders like the surface, will give horses a safer footing. Hagan mentioned that it is dangerous to ride horses on wet asphalt, because horses will go sliding. Q: Concern about Jennifer Hagan’s possible Conflict of Interest. Thiltgen said this would be the City Attorney’s call. Councilmember Ojakian asked if Hagan had any ownership in Portola Pastures. Hagan said that she does not, and that she pays a monthly fee to board her horse there. Q: Special trail connection to Portola Pastures (private business). Greg Betts showed on the map where the trail connection is located. The trail connection is down the road from Portola Pastures, on the border of Arastradero Road and the Portola Pastures property. There is also an entrance to Arastradero Preserve on either side of the Bressler Property. 0 Hagan commented on the proposed gate between Portola Pastures and the Preserve. Hagan thoughtthere was a discussion about Pale Alto wanting to maintain a piece of property as a multi-use type area. Hagan thought it would be a good policy issue to maintain a piece 0f property in Pale Alto that equestrians can use. The gate allows equestrians a safer and _easier access to the preserve, reduces the conflict between the different users and will reduce the trail use in the riparian zone. Q: Is there money in the budget to fund the project. Betts explained that this project is being ftmded by Capital Improvement Project for trails and trail ~amenities. They are also seeking grant ~om National Park Service, Coastal Conservancy, and $25,000/year out of the budget. Q: What type of information for bikers is there for trail courtesy/etiquette? Signage will be posted as to the rules of etiquette and right of way. Motion to approve findings for a mitigated negative declaration on the Arastradero Preserve Trail Master Plan, as amended. The Parks and Recreation Commission recommends these findings to the City Council. (Hagan/Beckwith- 6/0, 1 abstention) Ellie Gioumousis abstained because of the trail crossing serpentine soft. All of the comments made tonight will be included in the City Manager’s Report going to Council tentatively on May 14th. Funding for the Control of Invasive Weeds This project fits in with long-term goal on developing a policy statement on open space management. A subcommittee will be formed with three members of the commission, to help develop a policy .statement for open space. The subcommittee will bring back a product to the commission for feedback. Greg Betts gave an overview on .the control of invasive weeds for each of the four open space areas, Ester Clark, Baylands, Arastradero Prese~e and Foothills Park. There is a countywide task force on weed control, and they will be eligible for state and county funds. There are grants available for restoration and resource management. Betts suggested that Paul Thiltgen find $35,000 in the Community Services budget to fund a contract grant writer. Ellie Gioumousis talked about the value of the volunteers. Public Testimony: Karen Cotter, of 120 Alma, Menlo Park, CA 94025, runs the volunteer project at Bay Area Action. Cotter explained that weeds change the hydrology of the soil and rob the soil of water, which harms the other plants around them. Plants then dry out and Crowd out the native plants. This leads to less wildlife and habitat. Cotter said it was important to get a hold of the weed problem at Arastradero. Bay Area Action volunteers cannot pull all the weeds by themselves. They need the Rangers to help work on removing the weeds. Bay Area Action has been hand planting the native grass seeds. This costs $11,000/ acre. Planting the native grass seeds with a seed drill only costs $12,000 and can rapidly change the grasses at Arastradero ~om non-native to native type. Another area Where they need help is along roadway along Arastradero Road. This area is infested by non-native weeds. Serpentine sites need to be looked at as well. Solutions to the weed problem needs to be looked at. . .David Smemoff, who also spoke earlier, wanted to bring up the point, that’as the City is ;=~::"= ~,’: q0oking at funding for infrastructure. The land we live on is the most basic form of infi:astructure we have. :We need to put a little bit of money into the land now, and it Will save us a lot ~of money, down the road. Smemoff would like to lobby for infi:astructure money for weed control.- Action: Selection of a subcommittee on Open Space management will be formed (April ¯ 24t~ Commission meeting). Youth Master Plan : Dawn Calvert, Recreation Superintendent and Debbie Moore, Positive Alternatives for Youth (PAY) Manager, gave an update on the Youth Master Plan. The Youth Master Plan is made up of City staff, representatives from the business community, faith community, YMCA, PAUSD, the Youth Council, and other interested parties. The Youth Council is a body equivalent to the City’Council made up of middle school and high school students and they advise the City on issues that have to do with youth. The purpose of the Youth Master Plan is to support and engage the community’s youth and their families. The committee has a facilitator, Jim Bronson, who is helping the group move through the process. The committee has a matrix of services for youth, and is currently working on adding to the matrix, locating gaps in services, and filling in those gaps. The committee will also be educating the commtmity leaders and youth as to services and support for youth. The next step for the committee is to continue looking for funding for more youth oriented services. COMMENTS AND ANNOUNCEMENTS: Lynn Torin announced that she attended the 2001 California ,Pacific Southwest Recreation and Park Training Conference put on by the California Parks and Recreation Society, (CPRS) in Sacramento. Bill Garvey Commented on his frustrations with the summer camp registration process at Cubberley. AGENDA FOR APRIL 24TM MEETING AND POSSIBILITY OF A RETREAT ON MAY 22r~D. Youth Council on Teen Survey Brief Report on Summer of Service- Youth Community Services Award Pale Alto City Manager Frank Benest Golf Fees Election of Next Year’s Chair and Vice-Chair Selection of Subcommittee on Open Space Management Park Regulations Action: Commission retreat will be on May 22nd at 5:00 or 5:30pm. Dinner will be included. Staff will list what action is requested for each item on the agenda. THE MEETING ADJOURNED AT 10:00 p.m. .. ,,=~, ATTACHMENT~F .., "~ LETTERS FROM THE PUBLIC From: Sent: To: Subject: I DOliver701@aol.com. Monday, February ~12, 2001 6:30 PM bern_beechem@city.palo-alto.ca.us; Butch, Jim (internal); Eakins, Sandy (internal); Fazzino, Gary(internal); Kleinberg, Judy (internal); Kniss, Liz (internal); Lytle, Nancy (internal); Mossar, Dena (Internal); Ojakian, Victor Arastradero Trails Management Plan Dear Mayor & Palo Alto City Council Member: This letter is written to ask you to reconsider the Arastradero Trails Management Plan as proposed for the following reasons: Although we recognize and appreciate the Safety Management improvements, the impact of the improvements is reduced by the fact that the closure of the trails will decrease our riding trails by approximately 50% on a seasonal basis Unfortunately, the closure and rerouting of the trails will not give us the access we now have, and if you allow the closure of these trails, we will no longer have a place to condition and enjoy our horses. ¯ The proposed closures, both permanent and seasonal, would decrease our riding space so significantly that bikers, hikers and equestrians would all be forced to use the same trails which, in turn, would result in more accidents and more erosion than ever before. Just last week, my horse was frightened by a biker rushing up behind us and slamming on his breaks to slow down. The skidding noise of the bike tire on gravel and the proximity of the biker scared my horse: If bikers and equestrians are afforded the space to spread out, the likelihood of bikes and equestrians sharing the same crowded trails will decrease. One of the reasons we board at Portola Pastures is due to the proximity to the Arastradero Trails. Many of us do not have trailers and rely on the trail system to enjoy and exercise our horses. If the city were to continue to offer the expanded .trail system to equestrians, it would not result in any financial burden to the City. However, if the City Council approves of the closure of over half of the trail system, the erosion on the remaining trails will markedly increase as well. Horses require room to run, that fact is unquestionable, the presence of horses in the Preserve contributes to the pastoral character of the land and fulfills the psychological needs of people to escape the tensions of our ever-more-urbanized society. The proposed Arastradero Trails Management Plan will only lend itself to overcrowding on limited trails and encourage law-abiding equestrians to violate the Preserve rules. On behalf of the equestrians of Portola Pastures, we beg you to reject the current Arastradero Trails Management Plan and return it to the City’s consultants for additional reseai’ch and consideration of equestrian needs. Best Regards, David Oliver, Portola Pastures equestrian 650-522-8898 (H) 650-222-6740 (CELL) doliver701 @aol.com From: Sent: To: Cc: Subject: | | Gibbons, Virginia Tuesday, February 27, 2001 8:43 AM ’doliver701@aol.com’ Wheeler, Lanie; Butch, Jim; Council Members; Eakins, Sandy; Fazzino, Gary; Kleinberg, Judy; Lytle, Nancy; Mossar, Dena; Ojakian, Victor; Beecham, Bern; Harrison, Emily; Thiltgen, Paul; Solheim, Erin; Morey, Maura; Betts, Gregory Arastradero Preserve Trail Master Plan Dear Mr. Oliver: The City Manager has asked me to respond to your letter (e-mail) regarding the proposed Trail Master Plan for the Arastradero Preserve. As you may know, few of the trails within the Arastradero preserve were designed or planned as a multi-use recreational trails. When the City acquired the Arastra property is 1976, there were a few ranch trails that connected the former barn with stables along Arastradero Road. By the time the Preserve was opened to the public in 1986, a number of maintenance trails has been constructed for fire and utility access. The published Preserve trail map includes approximately 8-1/2 miles of trails. Over the years, the Preserve has been severely degraded by renegade trails that haphazardly criss-cross through the Preserve. In preparing the draft Trail Master Plan, our consultants have been careful to document all of the trails in the Preserve, both official and renegade. All together, there are close to i7 miles of paths and trails in the Preserve. Unfortunately, because of improper siting or sloping of many of the trails, many of these paths are very wet and unstable during the winter. The draft Master Plan proposes 5 miles of trails that will be safe and accessible to all park users year-round. Another 5.3 miles of trails will be open when the ground is firm. Unlike many park and open space districts that close seasonal trails according to a calendar, such as between November and April, we have taken the suggestion of Preserve users that. seasonal trails only be closed when there has been significant rainfall, by this method, once the ground has dried sufficiently to allow bike and equestrian use without rutting and trail tread damage, the trails will be open again to the public. Between the 5 miles of year-round trails in the Preserve and the three riding arenas at the Portola Pastures, even during inclement weather, there are adequate facilities for keeping your horse well exercised. - - / We are very pleased that the trail system will be able to be expanded from 8-1/2 miles to nearly 10-1/2 miles of trails. We feel that this expansion will allow park users to continue to enjoy the Preserve without conflict amongst users. We have arranged for our consultants, park staff and stewards to meet with equestrians of Portola Pasture Stables on Saturday afternoon, March 3, at 3:00 p.m. at Portola Pastures. We hope to answer any questions and concerns Preserve users may have about the plan, and explain the many benefits that the plan provides for the environment and the safety of Preserve visitors. At that time, we will also discuss the concerns of the riders and see if there is any way these might be resolved. I hope you will attend the meeting. Cordially, Greg Betts Superintendent, Open Space and Science Council, "Cit~ F~om: Sent: To: Subject:-" Carnie A. Bddgeman [cam leeee@jlJno.com] Monday, February 26, 2001 11:02.AM city_council@city.palo-alto.ca.us. Amstradem Trail Managemen.t Plans Dear Mayor and City Council Membem; It has recently come to my attention that changes.am going to be made in the use of the Arastradem Preserve. I .board. my homes atPortola Pestures.acm ss Itieway from the Pm serve. Thin ugh the years I have enjoyed dding in them, seeing the animals, . enjoying the sights and sounds. It has been enjoyable seeing the seasonal changes. I realize that the usage of the park has changed th. rough the yearn and " each type of. use has its own affects on the Preserve and not always for the best. During the winter, them aren’t any.loop trails for equestrians to use without being in mud nor for bicyclist. I don’t tend to use the park during.that time. I am fortunate to have a trailer to take my home to another IocatiorL I have heard that the trails in the southern area will be closed dudng the winter. The pmblem with that is many times the arbitrary date is set and the trails can still be beautiful. The Pm serve is a special place, infact as a Child I rode In them to go to the "Alpine Inn". We boarded our homes at the comer of Page Mill/ ,~,rastradero before the 280 was put in. I hope that consideration for the equestrian’use of the Pm serve will be the same as the hikem, dog classes, cyclists. I hope to attend the meeting wher~ it is on the agenda. Thank you. Sincerely, Carole Bridgeman 150 Alma St #309 Menlo Park, Calif. 329-8190 caroleeee@juno.com THE HAGAN LAW FIRM A LA~r CORPORATION TE~PflO~: (050) 322-8498 (650) R22-849~ January 31,2001 The Honorable Sandy Eakins, Mayor Palo Alto City Council and The City Council Members 250 Hamilton Avenue Palo Alto, CA 94301 Re: Request to Reiect The Proposed ArastraderoTrails Management Plan. Dear Mayor and Council Members, On December .5, 2000, the Parks and Recreation Commission considered and approved by a vote of 7-0 the Arastradero Trails Management Plan as proposed by Amphion Environmental, Inc., and Thomas Reid Associates. I am a current member of that Commission, and although I voted in favor of the TMP as proposed in my capacity as a representative of the citizens of Palo Alto, as an equestrian and boarder of Portola Pastures, I expressed grave concerns regarding the radically reduced trail system and its effect on equestrian in the Arastradero Preserve. This letter is written to you in my individual capacity as a resident of the ,City of: Palo Alto and a boarder of Portola Pastures which abuts the 77 acres of the Preserve. I have lived in the City of Palo Alto off and on since 1965. As a youth, I peddled my bike up Page Mill Road to the Ramos Ranch to ride my scruffy old Mustang. I remember a time when horses grazed at the comer of Page Mill and Hansen Way, or when I could ride my horse to a friend’s house in Barton Park. I have boarded .my horses at various properties in the area over the years; Piers Ranch, Webb Ranch, Portola Valley Training Center, and Portola Pastures. Without a doubt, the Portola Pastures location has been the most wonderful experience of all. I attribute this in large part to the. Ranch’s proximity to the Arastradero Preserve and its inviting trail system. As far as I can tell, the current trail system is exactly that for which the public yearns. Something that is not planned like a subdivision. Something a li.ttle muddy. Something a little challenging. Something that has been left unengineered, unguarded, .and unpaved. Deer paths excite people and encourage them to enjoy the outdoors. Boardwalks and 10 foot promenades are for .Paris and Atlantic City. The current trail system supports a safe, fun, and exceptional, work out for a horse. The proposed TMP would close, at least on a seasonal basis, most of the trails that equestrians use and force equestrians onto trails already crowde~d with competing uses. . By nature and for safety purposes, equestrians Usually seek trails which-are less traveled by bikers and hikers, and which offer a level of difficulty optimal for training and exercising their mounts. With respect to. the Arastradero Preserve, there is a large loop which the equestrians usually take which offers all of the aforesaid qualities, However, the planned Seasonal trail closures consists of many sections of this loop, some sections which are already utility roads and which are currently 10 feet wide and laid with grave!. Thus, .the TMP as proposed is both capricious and unfairly affects equestrians. This letter is written to ask you to reject and reconsider the Arastradero Trails Management Plan as proposed for the following reasons. .1. The efforts to over-civilize the Preserve trail system will diminish the enjoyment of the Preserve for all users. 2. The proposed seasonal closures unfairly discriminates against equestrians closing off the higher, less frequented trails in favor of concentrating all users onto lower flat trails. 3. With the Closing of six Mid-Peninsula Open Space Districts to bikers, and the constriction of the Stanford Dish area, the Preserve has undergone a tremendous increase in daily trips and traffic. The concentration of multi users onto a seriously limited trail system increases the likelihood of injury to humans and animals. 4. Horses are flight animals. Their entire perception of the world is that they are prey and everything else is predator. Even the best trained horses can get scared by dogs, bikes and/or an excess of traffic. Horses need a certain amount of open space to see that there is an absence of predators and to feel secure in their ability to run away from danger. The proposed TMP trail system does not take any of these considerations into account. 5. If the proposed TMP is approved, it will force law abiding equestrians to commit lawless acts in a search of safe and serene trails. On behalf of myself and other equestrians who ride the wonderful Arastradero Preserve, please reject the proposed Trails Management Plan and return-it to the City’s consultants for additional research and consideration of multi-user needs. Thank you. Yours very truly, Hagan Herb Borock P. O. Box 632 Palo Alto, CA 94302 April 19, 2001 Mr. Greg Betts, Superintendent Open Space and Sciences City of Palo Alto 1451 Middlefield Road Palo Alto, CA 94301 Ms. Julie Caporgno, Advance Planning Manager Department of Planning and Community Environment City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 ARASTRADERO PRESERVE TRAILS MANAGEMENT PLAN, ENVIRONMENTAL IMPACT ASSESSMENT Dear Mr. Betts and Ms. Caporgno: Thank you for giving me the opportunity to comment on the adequacy of the Environmental Impact Assessment (EIA) for the Arastradero Preserve Trails Management Plan. There are Potentially significant Impacts that are not addressed in the EIA, which need to be mitigated before the City Council can adopt a mitigated negative declaration for the project The public notice advertisement for the EIA and the EIA itself do not indicate an EIA file.number or other Planning Division file number that would indicate that the proj.ect is being prbcessed in accordance with adopted City of Palo Alto procedures for projects that are subject to the California Environmental Quality Act (CEQA) Normal processing of CEQA projects in Palo Alto require that the Planning Division have oversight of the CEQA review, which includes (I) assigning file numbers for the project and the EIA, (2) entering the project in the Planning Division’s logs and permit tracking system, and (3) having a professional planner in the Planning Division serve as the contact person for comments from the public about the EIA. I have reviewed the EIA log at the City of Palo Alto Development Center and this project and its EIA do not appear to have been entered into the log. Page 1 of 4 ~S DO-NOT SHOW ENTIRE AREA INCLUDED IN PROJECT The .maps in the EIA and Trails Management Plan do not show the entire 609-acre area included in the project. The maps in the Trails Management Plan and the EIA need to be amended to show both the 510-acre ArastraderoPreserve and the, 99- acre. Hewlett-Mullen property. The areas missing from the maps prevent ~nterested persons from evaluating the feasibility and desirability of providing trail.s that reach the boundary of Foothills .Park, and that access the 45-acre area ~of dedicated park land formerly owned by the Mullen family that connects the Arastradero Preserve with Alexis Drive. Excluding the area formerly owned by the Mullen family also excludes documentation of (I) the unauthorized trails that now exist in that area, and (2) the trails proposed for that area by the Arastra Citizens Advisory Committee in 1984. Attached to this letter is a copy of Exhibit A-22 from Chapter 22.08 - Maps of the Palo Alto Municipal Code that shows the boundaries of the Hewlett-Mullen property. Exhibit A-22 shows the correct eastern and southern boundaries for the 609 acres in this project. The maps in the Arastradero Preserve Trails Management Plan need to be corrected to incorporate the entire area shown on the attached map. POTENTIALLY SIGNIFICANT IMPACTS The EIA needs to be amended to identify and mitigate the following Potentially Significant Impacts. In the Initial Study Checklist under "I. Land Use and Planning", the column "Potentially Significant Impact" should have been checked for "2) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?"for two reasons. First, the project gives spe~ia! statusto a private business (Portola Pastures)on private land (Stanford University) that is operating in violation of the City of Palo Alto zoning ordinance. A special trail (named Portola Pastures trail) and special gates are ¯ provided for this private business that is violating the law. Page 2 of 4 -~ ...... -Exhibit A-22 CHAPr~ 22.08 - M~s I 22-91 Attached is a copy of my April 18, 2001, letter to Paul Camilleri, Code Enforcement Officer, City of Palo Alto, that describes the violation. The mitigation required to reduce the impact to less than significant would be to: (i) require the City of Palo Alto to rezone the parcel leased by Portola Pastures to OS -- Open Space Zone District, and (2) require Portola Pastures to apply for a Conditional Use Permit to operate its business, although.no guarantees can be given that it would receive such a permit, because the permit can be issued only after holding a public hearing following application for the permit, and the hearing officer has the discretion to deny the application. Second, the project treats access to Foothiils Park in a piecemeal fashion in violation of CEQA, thereby creating a Potentially Significant Impact that would result in changing the entrance requirements for Foothills Park that would not be changed if access to Foothills Park was not treated in a piecemeal fashion. ~The City ofPalo Alto has applied for federal and state funds for. the trail system in the Arastradero Preserve~ Acceptance of these funds for trail construction and maintenance on trails that connect with Foothills Park could subject the City of Palo Alto to federal and/or state requirements to open up Foothills Park to non-residents. Only by reviewing the use of federal and state funds as part of the same-CEQA project as the Arastradero Preserve Trails Management Plan can the City of Palo Alto be assured that the acceptance of federal and/or state funds willnot compel the City to change its entrance requirements for Foothills Park. For example, the February 21, 2001, Palo Alto Daily News in an article titled "City hires lobbyists" reported that earlier that month C~ty officials met. with representatives of the Park Service and the staffs of Senators Barbara Boxer and Diane Feinstein~to discuss the completion of the Arastradero Preserve trails. Also, the City of Palo Alto 2001-2006 Proposed Capital Improvement Program includes a project for park trails (CIP Project. #I0001) that includes the "Creation of regional trail connections at Foothills Park" with funding reimbursements of $155,000 from the Coastal Conservancy and State Proposition 12 grants. (See Preliminary Document for Planning Commission Review, Page 51.) Approving this CIP as a project separate from the Arastradero Preserve Trails Management Plan is also piecemealing in violation of CEQA. Page 3 of 4 CONFLICT OF INTEREST The recommendation for approval of the ~rastradero Preserve project by the Parks and Recreation Commission was-made on a motion of Commissioner Jennifer J. Hagan, who has a potential conflict of interest due to her boarding her horse at Portola Pastures. As the attached letter to the Commission dated March 27, 2001, shows, it is reasonably foreseeable that Commissioner Hagan will incur personal expenses of at least $250 depending upon the decisions made about trails that serve Portola Pastures. Thank you for your consideration of these comments. Sincerely, Her~b Boroc; / Attachments: Code. Exhibit A-22, Chapter 22.08 -- Maps, Palo Alto Municipal 2. April 18, 2001, letter from Herb Borock to Paul Camilleri, Code Enforcement Officer, City of Palo Alto, subject "1600 Arastradero Road (A.P.N. 182-33-008) Illegal Use in PC Zone with Expired Use Permit" (17 pages total, including 4 page letter and 13 pages of attachments) 3. March 27, 2001, letter from Herb Borock to Parks and Recreation Commission, subject "Conflict of Interest of Commissioner Jennifer J. Hagan" (4 pages) Page 4 of 4 Herb Borock P. O. Box 632 Palo Alto, CA 94302 March 27, 2001 Parks and Recreation Commission City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 MARCH 27, 2001, PARKS AND RECREATION COMMISSION MEETING AGENDA ITEM # 2. ARASTRADERO PRESERVE TRAIL MASTER.PLANENVIRONMENTAL REVIEW CONFLICT OF INTEREST OF COMMISSIONER JENNIFER J. HAGAN Dear Parks and Recreation Commission: I believe that Commissioner Jennifer J. Hagan has a disqualifying conflict of interest regarding this agenda item and, therefore, must recuse herself from participation in Agenda Item # 2 and any other agenda items regarding trails at the Arastradero Preserve for horses boarded at Portola Pastures. Ms. Hagan has a conflict of interest because decisions on trails for horses at the Arastradero Preserve will have a reasonably foreseeable material financial effect on her personal finances that is distinguishable from the effect on the public generally. CONFLICT OF INTEREST REGULATIONS "A public official has an economic interest in his or her personal finances and those of his or her immediate family. ~A governmental decision will have an effect on this economic interest if the decision will result in the personal expenses ... of the official or his or her immediate family increasing or decreasing." [Fair Political Practices Commission (FPPC) regulation 18.703.5] "A public official or his or her immediate family are deemed to be directly involved in a governmental decision which .has any financial effect on his or her personal finances or those of his or her immediate family." [FPPC regulation 18704.5(a)] "A reasonably foreseeable financial effect on a public official’s personal finances is material if it is at least $250 in any 12-month period." [FPPC regulation 18705.5(a)] "A material financial effect on an economic interest is reasonably Page 1 of 4 foreseeable, within the meaning of Government Code section 87103, if it is substantially likely that one or more of the materiality standards [FPPC regulations 18704 and 18705] applicable to that economic interest will be met as a result of the governmental decision." [FPPC regulation 18706] "The material financial effect Of a governmental decision on a public, official’s economic interest is indistinguishable from its effect on the public generally if both [the ’significant segment’ and ’indistinguishable effects’ subdivisions] of this regulation apply." [FPPC regulation 18701.i(a)] "The governmental decision will effect a ’significant segment’ of the public generally if any of the following are affected as set forth below. "(A) Individuals. For decisions that affect the personal expenses .~. of a public official or a member of his or her family ... the decision also affects: "(i) Ten percent or more of the population in the jurisdiction of the official’s agency or the district the official represents; or "(ii) 5,000 individuals who are residents of the jurisdiction." [FPPC regulation 18707.1(b)] SIGNIFICANT SEGMENT OF POPULATION NOT AFFECTED The decisions will not affect a significant segment of the public generally in the same way that it affects the less than I00 persons (not al! Palo Alto residents) who board horses at Portola Pastures,. or the 700 persons (not all Palo Alto residents) who board horses at six local stables, or the persons (not Palo Alto residents) who board horses at private homes in Portola Valley and Woodside. EFFECT OF DECISION IS AT LEAST $250 IN 12-MONTH PERIOD Decisions on closing or keeping open trails at Arastradero Preserve for horses, connecting Portola Pastures with trails to the Arastradero Preserve, and sharingor not sharing trails for horses with other users has the potential of affecting the personal expenses of Commissioner Hagan by at least $250 in any 12-month period, because alternatives to exercising her horse would result in an increased expense of at least $250 due to moving to a more expensive boarding location and/or paying the added expense of transporting the horse to more remote trails for adequate exercise. "My daughter and I (along with about 90 other users) board at Portola Pastures because of its proximity to the Arastradero Preserve and its horse friendly trail system. Access to the Page 2 of 4 property enables us .to keep horses fit for competition year round." [January 30, 2001, letter from Jennifer Basiji in Palo Alto City Council agenda packet for meeting of March 5, 2001] "One of the reasons we board at Portola Pastures is due to the proximity of the Arastradero trails." [January 29, 2001, letter from Sherri Harvey and 46 others of the 95 boarders at Portola Pastures in Palo Alto City Council agenda packet for meeting of March 5, 2001] "Unfortunately, the closure and rerouting of the trails will not give us the access we now have, and if you allow the closure of these trails, we will no longer have a place to condition and enjoy our horses." [Letter from Sherri Harvey and 46 others of the 95 boarders at Portola Pastures] "I have boarded my horses at various properties in the area over the years: Piers Ranch, Webb Ranch, Portola Valley Training Center, and Portola Pastures. Without a doubt, the Portola Pastures location has been the most wonderful experience of all. I attribute this in large part to the Ranch’s proximity to the Arastradero Preserve and its inviting trail system." [January 31, 2001, letter from Jennifer J. Hagan in Palo Alto City Council agenda packet.for meeting of February 12, 2001] LOCATIONS OF LOCAL HORSE BOARDING FACILITIES The map below shows that Portola Pastures is the horse boarding facility that is closest to the Arastradero Preserve. The other facilities are more expensive than Portola Pastures. Locator map WEBB RANCH LEYTRAINING Page 3 of 4 Sincerely, Herb Borock cc: Wynne S. Furth, Senior Assistant City Attorney Page 4 of 4