April 6, 2006
Request for staff investigation regarding the S1 Trail approval process and staff recommendations for the future planning involving Stanford
I regret that I will be unable to attend tonight’s meeting, but I would like to suggest a topic to be reported on at a future meeting. The topic is an investigation of whether
The purpose of this investigation would be to determine whether recommendations are needed in the future for dealing with any other offers that Stanford makes as part of the General Use Permit compliance process. Regardless of where one stands on whether Stanford reneged on its offer as of spring 2003 and placed new conditions on the S1-C alignment, the investigation can determine whether there is a need for better clarity as to when Stanford has made a firm offer and what are the terms of that firm offer. In the alternative, better clarity will allow parties to understand whether Stanford is simply floating a proposal that it may choose to revoke or change with no notice, and reliance on such a proposal is completely at the risk of Stanford’s revocation or modification.
We further recommend that the investigation determine whether to develop a standard “Stanford University Acknowledgment of Detrimental Reliance” form. Such a form, if signed by Stanford, will indicate whether Stanford considers itself legally bound by a particular offer.
The Committee for Green Foothills would be happy to help in the investigation and development of a standard “Stanford Detrimental Reliance” form. We further note that we raised this question originally in our comment letter for the December 13, 2005 Supervisor’s meeting (attached).
I apologize again for not being there tonight. If the CRG wishes to agendize this for discussion at a later meeting before making a recommendation for County staff action, that would be fine.
Brian A. Schmidt