COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Board of Supervisors

 

DATE:

February 4, 2008

BOARD MEETING DATE:

February 12, 2008

SPECIAL NOTICE/HEARING:

No

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

FROM:

Supervisor Rich Gordon and Supervisor Jerry Hill

SUBJECT:

Recommendation to Reject Offer from Stanford University for Trail on Alpine Road

 

RECOMMENDATION:

Under the terms of the Memorandum of Understanding between the County of Santa Clara and Stanford University, the University made an offer of $8.4 million to construct a multi-use trail along Alpine Road in unincorporated San Mateo County. As a sub-committee of this Board of Supervisors we have fully investigated this offer and conclude that it is not in the interest of San Mateo County and the region to accept this offer. We recommend rejecting this offer and suggesting to Santa Clara County that they establish a regional grants program to utilize the funds that Stanford would have committed to the trail.

 

VISION ALIGNMENT:

Goal(s):

    15. Residents have nearby access to green space, such as parks and

    recreational opportunities

    20. Government decisions are based on careful consideration of future impact,

    rather than temporary relief or immediate gain

    23 Leaders throughout the County provide the impetus for broader regional

    solutions in land use, housing, childcare, education, health and

    transportation.

 

BACKGROUND:

In 2000, the County of Santa Clara granted a General Use Permit (GUP) to Stanford University. The GUP allowed Stanford to develop nearly 5 million square feet of buildings on the Stanford campus. As mitigation, Stanford agreed to build and maintain two recreational trails on Stanford land. One trail was to be on a route just south of San Francisquito Creek.

Stanford subsequently advanced a number of legal opinions that, the University believes, do not require them to build the trails on their land. Stanford also advanced the opinion that one of the trails could be built in San Mateo County (the trail along San Francisquito Creek). Several years of negotiations occurred between Stanford and Santa Clara County.

On December 13, 2005, the Santa Clara County Board of Supervisors considered a proposed Memorandum of Understanding between Santa Clara County and Stanford. This MOU was designed to bring closure to the trails issue by approving a trails alignment plan. The MOU was approved on a 4-1 vote with Supervisor Liz Kniss who represents the Palo Alto and Stanford area dissenting.

The trails alignment plan accepted in the MOU allowed for the development of a trail in the Page Mill Road/Arastradero Road area in Santa Clara County. The other trail was proposed to be along Alpine Road in San Mateo County. This trail would begin at the Menlo Park border with unincorporated San Mateo County and run through to Portola Valley. Stanford would provide $8.4 million to San Mateo County for the trail in the unincorporated area and a separate $2.8 million to the Town of the Portola Valley for the section of the trail in their jurisdiction.

Stanford University had completed engineering and design studies that led to the estimated cost of $8.4 million.

On February 7, 2006 Stanford University officially notified San Mateo County of its offer to improve the trail along Alpine Road. The letter outlined the conditions under which San Mateo County could receive the funds to improve the trail. Specifically, San Mateo County could receive up to $8.4 million to complete the Alpine Road trail to the specifications in a set of plans that were also delivered to San Mateo County by Stanford.

The trail as designed by Stanford involved moving Alpine Road in the Weekend Acres area and extensive environmental work in and along San Francisquito Creek.

San Mateo County did not have to complete the trail as designed by Stanford. A different design could be developed by San Mateo County, but any deviations from the Stanford design would be subject to approval from Santa Clara County and any project would require an agreement with Stanford (effectively giving Stanford the option to veto any project). If an alternative design was accepted and the resulting project cost less than $8.4 million, San Mateo County would be paid the cost of construction and Stanford would retain the balance.

If San Mateo County chose not to complete any trail work along Alpine Road under the provisions of the Santa Clara/Stanford MOU, then $8.4 million would be transferred from Stanford to Santa Clara County for mitigation for the 2000 GUP. San Mateo County has until December 31, 2011 to complete trail improvements by entering into an agreement with Stanford University for such improvements.

Any action by the County of San Mateo and by the Town of Portola Valley related to the Stanford trail offer is not linked. Each offer is independent and it is our understanding that the Town of Portola Valley is moving forward to improve the trail in their jurisdiction using the funds provided by Stanford.

When the offer from Stanford was initially presented to the San Mateo County Board of Supervisors, we were appointed as a sub-committee to review and consider the offer. We were asked to eventually report back to the full Board any recommendations that we might have.

We have held many meetings over the last year. We have worked with Dave Holland, Director of County Parks, to explore options. We have met with County Counsel to better understand our options under the proposal. We directed County staff to meet with their counter parts in Santa Clara County and we have received reports on these meetings. On May 23, 2006 we held a public hearing in Ladera.

At the public hearing nearly 40 people provided testimony on the options presented to San Mateo County. Only a handful of people expressed support for any improvements to the trail along Alpine Road. The overwhelming majority of those present encouraged us to reject Stanford’s offer. E-mail and other correspondence have similarly been in opposition to the Stanford proposal.

Since the last hearing at the Board there have been many follow up meetings with Stanford and Santa Clara County. County Manager John Maltbie has met multiple times with his counterpart in Santa Clara County. This correspondence has not led to any changes in the offer or new options on how to use the money that would be in the best interest of the County.

 

DISCUSSION:

We have concluded that San Mateo County has three options:

1. Complete the trail as designed by Stanford.

2. Work with Stanford and Santa Clara County to implement a less expansive

improvement to the trail along Alpine Road.

3. Return the funds to Santa Clara County.

We would like to discuss each of these options in greater detail.

1. Complete the trail as designed by Stanford.

This option could be implemented as the plan is developed. Stanford has previously approved the plan and no further action by Santa Clara County or Stanford would be required to implement. San Mateo County would be able to utilize all of the funds made available by Stanford. Stanford would pay for the necessary EIR.

This option would require extensive road work along Alpine Road. Stanford proposes major grading to move a hillside in order to shift the road “right of way” further ‘north’. This movement would allow for additional setback for the trail from properties to the ‘south’ and provide room for a wider trail. This proposal does not have the support of impacted residents in the Weekend Acres area. The plan does not have the support of the environmental community. Implementation would probably lead to lawsuits against San Mateo County.

2. Work with Stanford and Santa Clara County to implement a less expansive

improvement to the trail along Alpine Road.

The trail in this area could benefit from improvement as it is narrow, has been unmaintained, and is in danger of falling into San Francisquito Creek. No funds are presently available for such work. A minimal trail improvement would face a reduced level of neighbor and environmental opposition. County Parks estimates it would take approximately $2 million for minimal trail improvements between Piers Lane west to the County line.

The proposed work would require planning and EIR work that could be funded with Stanford dollars with permission of Stanford. Stanford would also have to approve any improvements before funding would be granted from Stanford. It is not clear that Stanford would approve funding if improvements to Alpine Road in the Weekend Acres area were not included.

A partial plan would spend far less than the total $8.4 million available. Any funds not expended under this scenario would revert to Stanford University. Some community groups will be opposed to this plan as they want to see Stanford spend the full amount as mitigation for the development allowed under the GUP.

3. Return the Funds to Santa Clara County

Under this option, San Mateo County rejects the proposal to implement/improve a trail along Alpine Road. Stanford funds would then revert to Santa Clara County.

We are recommending that the Board of Supervisors accept option three.

Trail development was a mitigation approved by Santa Clara County and if we reject the Stanford proposal, Santa Clara County would retain responsibility for the mitigation program and, importantly, all of the funds from Stanford University would be available for regional mitigation of Stanford’s development.

We believe that Santa Clara County may have some concerns about their ability to implement mitigations. We think that there is a simple and direct way for Santa Clara County to implement a mitigation program. Specifically, we would advocate that they use the $8.4 million to establish a grant program for regional mitigation. Santa Clara County could issue requests for proposals from local public agencies including San Mateo County; the Midpeninsula Regional Open Space District; and the Cities of Palo Alto, Los Altos, Los Altos Hills, Portola Valley, and Menlo Park. Under this proposal Santa Clara County would oversee a mitigation program that was implemented regionally by other local agencies. Any improvements (including trails) would be maintained by the agency receiving grant funds from Santa Clara County. Decisions on what to fund would be made by Santa Clara County and as long as no activity was on Stanford land, the University would not be involved in the process.

Under the terms of the MOU between Stanford and Santa Clara County, there may be some confusion as to when Stanford would be required to submit funds to Santa Clara County if the trail proposal is rejected by San Mateo County. We would suggest that Stanford University should immediately send funds to Santa Clara County upon a rejection by San Mateo County. This would allow for this issue that has been contentious in the community to be quickly resolved. It would also allow for development of mitigations sooner rather than later.

It is recommended that the San Mateo County Board of Supervisors direct the President of the Board to sign a letter to Stanford University officially rejecting their offer to build a trail along Alpine Road.

It is further recommended that the San Mateo County Board of Supervisors direct the President of the Board to sign a letter to Santa Clara County advising them of our rejection of the Stanford offer and advocating that Santa Clara County establish a regional grant program with the funds made available to them by Stanford University.

 

FISCAL IMPACT:

None.