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Home My WebLink About2021-03-15 Ordinance 5518 1 0220_20210217_ts24 Ordinance No. 5518 Ordinance of the Council of the City of Palo Alto Amending Chapters 6.12 (Impoundment), 22.04 (Parks and Recreation Building Use and Regulations) and 22.08 (Park Dedications) of the Palo Alto Municipal Code to Rename Foothills Park to Foothills Nature Preserve and to Adjust Attendance Limits at the Preserve; and Amending the Fiscal Year 2021 Municipal Fee Schedule to Add New Daily Entry Discounts and Annual Pass Fees for Foothills Nature Preserve. The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and declarations. The City Council finds and declares as follows: A. The City’s Foothills Park is reserved for park, playground, recreation, or conservation purposes by Palo Alto Municipal Code (PAMC) 22.08.090 et seq.; B. The City Council desires to change the name of Foothills Park to Foothills Nature Preserve to recognize Foothills as one of the City’s open‐space preserves, along with the Baylands Preserve, Pearson‐Arastradero Preserve, and Esther Clark Nature Preserve; C. The City’s Parks and Recreation Commission and the non‐profit Palo Alto Historical Association have both recommended the name change to Foothills Nature Preserve; D. Since December 2020, Foothills Park has reached its capacity limit multiple times per day on several days. For example, in December 2020, on days when the park reached capacity, an average of about 400 vehicles were turned away per day; E. The majority of visitors try to park near the park entrance area, Boronda Lake, Orchard Glen Picnic Area, and Vista Hill, which results in people parking and walking in inappropriate locations causing damage to natural areas and potentially creating unsafe conditions for pedestrians and bicyclists; F. Based on recommendation from the Parks and Recreation Commission, the City Council desires to amend the attendance limits at Foothills Park to between 300 to 650 persons; and G. Based in part on recommendation from the Parks and Recreation Commission, the City Council desires to add new fees to its Fiscal Year 2021 Municipal Fee Schedule to add new discounts for single day entry and an annual pass for motor vehicles to enter Foothills. SECTION 2. Section 6.12.025 (Special impounding fees) of Chapter 6.12 (Impoundment) of Title 6 (Animals) is hereby amended as follows (new text in underline, deleted text in strikethrough): 6.12.025 Special impounding fees. For any dogs found running at large in Foothills Park Foothills Nature Preserve, Byxbee Park, or city‐owned Baylands, and impounded by the city, the city shall charge and receive from the owner fees for services in impounding animals as set forth in the municipal fee schedule. DocuSign Envelope ID: 3571609C-7004-4C79-B87B-E277D364E395 2 0220_20210217_ts24 SECTION 3. Section 22.04.150 (Foothills Park) of Chapter 22.04 (Parks and Recreation Building Use and Regulations) of Title 22 (Parks) is hereby amended as follows: 22.04.150 Foothills Park Foothills Nature Preserve. Foothills ParkFoothills Nature Preserve shall be open to all persons, regardless of residency. (a) Foothills ParkFoothills Nature Preserve shall not be made available for the exclusive use by any persons except for Towle Camp and the Oak Grove Group Area and the Foothills ParkFoothills Nature Preserve Interpretative Interpretive Center classroom. Facility reservations shall be made available to residents of the city before being offered to the general public, according to regulations promulgated by the city manager. (b) No person shall enter or exit Foothills ParkFoothills Nature Preserve except at: (1) The main gate on Page Mill Road; (2) Designated entry and exit locations on the park boundaries shared with the Enid Pearson Arastradero Preserve and the Los Trancos Open Space Preserve; (3) The Bay‐To‐Foothills trails; or (4) As authorized by the director. Violations of this subsection shall be a misdemeanor. (c) Foothills ParkFoothills Nature Preserve 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 ParkFoothills Nature Preserve during the hours of park closure except for duly authorized city employees, holders of permits which authorize afterhours use, and participants in city‐sponsored activities. Violations of this subsection shall be a misdemeanor. (d) No person shall exceed the maximum speed limit for all vehicles in Foothills ParkFoothills Nature Preserve of twenty miles per hour. Violations of this subsection shall be an infraction. (e) No person shall leave an unauthorized vehicle in Foothills ParkFoothills Nature Preserve after the closing time designated and posted for closing 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 ParkFoothills Nature Preserve. No person shall operate a skateboard or roller skates or blades or other coasting device in Foothills ParkFoothills Nature Preserve. 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 ParkFoothills Nature Preserve. Violations of this subsection shall be a misdemeanor. (h) No person shall make a wood fire in Foothills ParkFoothills Nature Preserve without a permit. Permits for wood fires within Foothills ParkFoothills Nature Preserve may be issued only for the Towle campfire ring. No person shall start or maintain any charcoal cooking fire within Foothills ParkFoothills Nature Preserve except in city‐provided braziers and barbecues in areas so designated and posted. Violations of this subsection shall be a misdemeanor. (i) No person shall shortcut across trail switchbacks. Violations of this subsection shall be an infraction. (j) The city manager shall promulgate regulations for the use of Boronda Lake to protect the users, plants, animals, and structures of the lake. DocuSign Envelope ID: 3571609C-7004-4C79-B87B-E277D364E395 3 0220_20210217_ts24 (k) No more than five‐hundred 650 people shall be permitted in Foothills Park Foothills Nature Preserve at any one time. (1) The City Manager or designee may limit attendance at Foothills Park to no less than 400 people establish a capacity limit in the range of 300 to 650 people at Foothills Nature Preserve in order to protect the health, safety, and welfare of park preserve users; to protect the natural resources in the park preserve; and/or due to limits in parking, facilities, or staff availability. The City shall not distinguish between residents and non‐residents in setting any limits under this subsection. (2) The following persons shall not count toward the limit in this subsection: visitors with reservations in the Towle Campground, Oak Grove Picnic Area, and Interpretive Center Meeting Room; City‐sanctioned recreation and education groups (including City‐run programs for summer camps, field trips, and community partner youth groups); group permit holders; City‐sanctioned park volunteers; and visitors arriving in a vehicle with a valid disabled person parking placard or license plate. (l) No person owning or harboring any dog shall allow or permit such dog to enter or be in Foothills ParkFoothills Nature Preserve on any holiday, as defined in Section 2.08.100(a) of this code, or any Saturday or Sunday. At all other times, no person owning or harboring any dog shall allow or permit such dog, whether licensed or not, to enter or be in Foothills ParkFoothills Nature Preserve except when held under leash by an able‐bodied person. Violations of this section shall be an infraction. SECTION 4. Sections 22.08.090 (Foothills Park) through 22.08.120 (Lee Property – Addition to Foothills Park), as well as Section 22.08.410 (Lee Property – Addition to Foothills Park) are hereby amended as follows: 22.08.090 Foothills Nature Preserve (formerly Foothills Park). That certain parcel of land formerly known as Foothills Park as delineated and described in Exhibit A‐9 attached hereto and now known as Foothills Nature Preserve is hereby reserved for park, playground, recreation or conservation purposes. 22.08.100 Lee Property ‐ Addition to Foothills Park Foothills Nature Preserve. That certain parcel of land known as the Lee Property (addition to Foothills Park Foothills Nature Preserve) as delineated and described in Exhibit A‐9.1 attached hereto is hereby reserved for park, playground, recreation or conservation purposes. 22.08.110 Lee Property ‐ Addition to Foothills Park Foothills Nature Preserve. That certain parcel of land known as the Lee Property (addition to Foothills Park Foothills Nature Preserve) as delineated and described in Exhibit A‐9.2 attached hereto is hereby reserved for park, playground, recreation or conservation purposes. DocuSign Envelope ID: 3571609C-7004-4C79-B87B-E277D364E395 4 0220_20210217_ts24 22.08.120 Lee Property ‐ Addition to Foothills Park Foothills Nature Preserve. That certain parcel of land known as the Lee Property (addition to Foothills Park Foothills Nature Preserve) as delineated and described in Exhibit A‐9.3 attached hereto is hereby reserved for park, playground, recreation or conservation purposes. 22.08.410 Lee Property ‐ Addition to Foothills Park Foothills Nature Preserve. That certain parcel of land known as the Lee Property (addition to Foothills Park Foothills Nature Preserve), as delineated and described in Exhibit A‐28 and attached hereto, is hereby reserved for park, playground, recreation or conservation purposes. SECTION 5. Exhibits A‐9, Including A‐9.1 through A‐9.3, and A‐28 of Chapter 22.08 (Park Dedications) of Title 22 (Parks) are hereby amended as follows: EXHIBIT A‐9 FOOTHILLS PARK FOOTHILLS NATURE PRESERVE (formerly Foothills Park) All of that certain 1194.05 acre tract of land described in Exhibits B through H in that certain Lease Agreement between Russell V. Lee et ux. to the City of Palo Alto recorded December 10, 1958; in Book 4254 of Official Records at pages 695 et seq., records of Santa Clara County, California. EXHIBIT A‐9.1 LEE PROPERTY ‐ ADDITION TO FOOTHILLS PARK FOOTHILLS NATURE PRESERVE Situate in the city of Palo Alto, County of Santa Clara, State of California, described as follows: Beginning at a point in the northwesterly line of that certain 200‐acre, more or less, parcel excepted in the Deed from Russell V. Lee, et ux., to the City of Palo Alto, dated December 9, 1958 and recorded in Book 4254 of Official Records at page 720, Records of Santa Clara County, California, distant along said line S. 69 degrees 10 minutes W. 920 feet from an iron pipe which pipe bears N. 75 degrees 15 minutes 30 seconds W. 307.05 feet from an iron pipe set in the center line of Page Mill Road; thence S. 20 degrees 50 minutes E. 2800 feet, more or less, to a point on the southeasterly line of the Rancho El Corte de Madera; thence S. 15 degrees 12 minutes W. along said Rancho line 1350 feet, more or less, to the center line of Los Trancos Creek; thence northwesterly along the center line of Los Trancos Creek to a point which bears S. 69 degrees 10 minutes W. 10 feet, more or less, from an iron pipe set in the bank of said Creek; thence N. 69 degrees 10 minutes E. along the northwesterly line of said parcel excepted in said Deed from Lee to City 2090 feet, more or less, to the point of beginning, containing 140 acres, more or less, and being a portion of the Rancho El Corte de Madera. EXHIBIT A‐9.2 LEE PROPERTY ‐ ADDITION TO FOOTHILLS PARK FOOTHILLS NATURE PRESERVE Situate in the City of Palo Alto, County of Santa Clara, State of California, described as follows: Beginning at a point on the southeasterly line of Rancho El Corte de Madera, said point being in the center line of Page Mill Road, said point also being the most easterly corner of that certain 200‐acre, more or less, tract of land excepted in the Deed from Russell V. Lee, et ux., to the City of Palo Alto, dated December 9, 1958, and recorded in Book 4254 of Official Records at Page 720, Records of Santa Clara County, California; thence westerly along the center line of Page Mill Road and the northerly line of said excepted tract 700 feet, more or less, to an iron pipe; thence continuing along the boundary line of said excepted tract N. 75 degrees 05 DocuSign Envelope ID: 3571609C-7004-4C79-B87B-E277D364E395 5 0220_20210217_ts24 minutes 30 seconds W. 307.05 feet to an iron pipe; thence, continuing along the northwesterly boundary line of said excepted tract, S. 69 degrees 10 minutes W. 920 feet: thence leaving said boundary line, S. 20 degrees 50 minutes E. 2800 feet, more or less, to a point on said Rancho line; thence N. 15 degrees 12 minutes E. along said Rancho line 2850 feet, more or less, to the point of beginning, containing 60 acres, more or less, and being a portion of said Rancho El Corte de Madera. EXHIBIT A‐9.3 LEE PROPERTY ‐ ADDITION TO FOOTHILLS PARK FOOTHILLS NATURE PRESERVE Situate in the City of Palo Alto, County of Santa Clara, State of California, described as follows: Beginning at an iron pipe set in the boundary line of that certain 234.172 acre parcel of land delineated upon a map entitled "Record of Survey of a portion of the Lands of Dorothy W. and Russell V. Lee" and recorded September 10, 1957 in Book 86 of Maps at page 17, Records of Santa Clara County, California, which iron pipe bears S. 74 degrees 42 minutes 11 seconds W. 2392.51 feet from the most easterly comer of said 234.172 acre parcel of land; thence N. 81 degrees 01 minutes 32 seconds W. 54.00 feet to an iron pipe which marks the true point of beginning; thence N. 82 degrees 01 minutes 26 seconds W. 433.00 feet to an iron pipe; thence S. 11 degrees 19 minutes 26 seconds W. 178.17 feet; thence S. 39 degrees 11 minutes 58 seconds W. 123.70 feet to an iron pipe; thence S. 69 degrees 28 minutes 33 seconds W. 267.84 feet to an iron pipe; hence S. 69 degrees 59 minutes 52 seconds W. 333.78 feet to an iron pipe; thence S. 61 degrees 31 minutes 34 seconds W. 468.48 feet to an iron pipe; thence N. 81 degrees 03 minutes 10 seconds W. 122.62 feet to an iron pipe; thence in a straight line southwesterly 60 feet, more or less, to a fence post marking a comer in the northwesterly boundary line of the lands of the City of Palo Alto known as "Foothills Park," as said lands are described in "Exhibit A" of the agreement between said City and Russell V. Lee and Dorothy Womack Lee, dated December 8, 1958 and recorded December 10, 1958 in Book 4254 at page 695, et seq., Official Records of said County; thence following said boundary line of Foothills Park the following courses and distances: S. 62 degrees 29 minutes 02 seconds E. 165 feet, more or less, to an iron pipe; N. 67 degrees 24 minutes 58 seconds E. 805 feet, more or less, to an iron pipe; N. 80 degrees 07 minutes 58 seconds E. 204 feet, more or less, to an iron pipe; and N. 54 degrees 51 minutes 58 seconds E. 675 feet, more or less, to the true point of beginning, containing 5.60 acres, more or less, and being a portion of the Rancho El Corte de Madera. EXHIBIT A‐28 LEE PROPERTY ‐ ADDITION TO FOOTHILLS PARK FOOTHILLS NATURE PRESERVE Beginning at a 3/4‐inch iron pipe at the northeasterly corner of that certain tract of land described in the deed from Russell V. Lee, et ux, to Richard Stanford Lee, et ux, dated December 30, 1956, and recorded December 3, 1956 in Book 3696 of Official Records at page 382, Records of Santa Clara County, California; Thence S. 15° 24' 19" E. along the easterly line of said tract 1083.65 feet; Thence S. 72° 08' 48" W. 595.53 feet; Thence S. 38° 48' 32" W. 179.00 feet; Thence 48" W. 593.53 feet; Thence S. 12° 01' 23" E. 488.00 feet; Thence 32° 25' 26" W. 229.44 feet to an iron pipe marking the southwest corner of a quarry, said last‐named corner being the True Point Of Beginning; DocuSign Envelope ID: 3571609C-7004-4C79-B87B-E277D364E395 6 0220_20210217_ts24 Thence S. 68° 17' 19" E. 1048.00 feet to an iron pipe; Thence 57° 28' W. 60 feet, more or less, to a fence post marking a corner in the northwesterly boundary line of the lands of the City of Palo Alto known as “Foothills Park”, as said lands are described in "Exhibit A" of the agreement between said City and Russell V. Lee and Dorothy Womack Lee, dated December 8, 1958 and recorded December 10, 1958 in Book 4254 of Official Records at page 695, et seq., Records of said County; Thence following said boundary line of Foothills Park S. 57° 28' W. (called 55° 54' W. in said "Exhibit A") 435.35 feet; Thence leaving said park boundary, N. 32° 32' W. 5.00 feet; Thence N. 64° 09' W. 263.50 feet; Thence N. 71° 21' W. 117.50 feet; Thence N. 29° 16' E. 246.32 feet to the True Point Of Beginning, containing 7.70 acres, more or less, and being a portion of the Rancho El Corte De Madera. SECTION 6. The Council of the City of Palo Alto amends the Fiscal Year 2021 Municipal Fee Schedule by adopting the new single‐day discounts and annual pass fees for Foothills Park as set forth in Exhibit “A” and incorporated here by reference. SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 8. The fees in this Ordinance are for voluntary entrance and/or use of government property. Pursuant to Art. XIII C, Section I(e)(4) of the California Constitution, these fees are not a tax. SECTION 9. The Council finds that this project is categorically exempt from the provisions of the California Environmental Quality Act (“CEQA”) under sections 15301 (Existing Facilities) and 15323 (Normal Operations of Facilities for Public Gatherings). SECTION 10. This ordinance supersedes the emergency ordinance adopted on February 22, 2021 entitled “Emergency Ordinance of the Council of the City of Palo Alto Amending the Fiscal Year 2021 Municipal Fee Schedule to Add New Daily Entry Discounts and Annual Pass Fees for Foothills Park and Amending PAMC Section 22.04.150(k) to Adjust Attendance Limits at Foothills Park”, and that emergency ordinance is hereby repealed as of the effective date of this ordinance. // // DocuSign Envelope ID: 3571609C-7004-4C79-B87B-E277D364E395 7 0220_20210217_ts24 SECTION 11. This Ordinance shall be effective on the thirty‐first date after the date of its adoption. INTRODUCED: February 22, 2021 PASSED: March 15, 2021 AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE, TANAKA NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Deputy City Attorney City Manager ____________________________ Director of Community Services ____________________________ Director of Administrative Services DocuSign Envelope ID: 3571609C-7004-4C79-B87B-E277D364E395 8 0220_20210217_ts24 Attachment A Fiscal Year 2021 Municipal Fee Schedule Community Services Fees Open Space, Parks, & Golf Park Activities – Foothills Nature Preserve (formerly Foothills Park) Foothills Nature Preserve – daily entry for motor vehicles $6 per vehicle per day; Free for City‐designated preserve volunteers, active military, veterans, students with ID who are driving, and vehicles with a valid disabled person parking placard or license plate. Foothills Nature Preserve – annual pass for motor vehicles (Annual pass allows entry for a motor vehicle holding 9 people or less.) $65 per year for non‐residents; $50 per year for Palo Alto residents and City employees; 25% discount for seniors (60+); Free for active military, veterans, and low‐ income visitors; (Discount/free pass can be applied to non‐ resident and resident pass). DocuSign Envelope ID: 3571609C-7004-4C79-B87B-E277D364E395 Certificate Of Completion Envelope Id: 3571609C70044C79B87BE277D364E395 Status: Completed Subject: Please DocuSign: ORD 5518 Ordinance Renaming Foothills Park to Foothills Nature Preserve and Ad... Source Envelope: Document Pages: 8 Signatures: 6 Envelope Originator: Certificate Pages: 2 Initials: 0 Danielle Kang AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Danielle.Kang@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 4/6/2021 11:17:00 AM Holder: Danielle Kang Danielle.Kang@cityofpaloalto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Tim Shimizu Tim.Shimizu@CityofPaloAlto.org Deputy City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 67.169.5.157 Sent: 4/6/2021 11:22:17 AM Resent: 4/7/2021 8:46:46 AM Viewed: 4/6/2021 11:25:59 AM Signed: 4/8/2021 9:40:23 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kiely Nose Kiely.Nose@CityofPaloAlto.org Director, Administrative Services/CFO City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 73.70.132.132 Sent: 4/8/2021 9:40:25 AM Resent: 4/12/2021 7:47:43 AM Resent: 4/13/2021 7:54:04 AM Viewed: 4/13/2021 10:12:53 AM Signed: 4/13/2021 10:13:29 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kristen O'Kane Kristen.O'Kane@CityofPaloAlto.org Assistant Director Community Services City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 67.188.116.181 Sent: 4/13/2021 10:13:31 AM Viewed: 4/13/2021 10:14:57 AM Signed: 4/13/2021 10:15:20 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 4/13/2021 10:15:21 AM Viewed: 4/13/2021 12:47:35 PM Signed: 4/13/2021 12:47:54 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Tom DuBois tomforcouncil@gmail.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 173.197.93.35 Sent: 4/13/2021 12:47:56 PM Viewed: 4/14/2021 11:34:37 AM Signed: 4/14/2021 11:34:49 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Beth Minor beth.minor@cityofpaloalto.org City Clerk City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 4/14/2021 11:34:51 AM Viewed: 4/14/2021 12:33:49 PM Signed: 4/14/2021 12:34:18 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/6/2021 11:22:17 AM Certified Delivered Security Checked 4/14/2021 12:33:49 PM Signing Complete Security Checked 4/14/2021 12:34:18 PM Completed Security Checked 4/14/2021 12:34:18 PM Payment Events Status Timestamps