HomeMy WebLinkAboutStaff Report 11990
City of Palo Alto (ID # 11990)
City Council Staff Report
Report Type: Action Items Meeting Date: 2/22/2021
City of Palo Alto Page 1
Summary Title: Foothills Park Name Change to Foothills Nature Preserve,
Annual Fees, and Capacity Limit
Title: Adoption of an Ordinance Changing the Name of Foothills Park to
Foothills Nature Preserve, and Adoption of an Emergency and Regular
Ordinance to add Annual Vehicle Entrance Fees and Adjust Attendance Limits
at Foothills Park
From: City Manager
Lead Department: Community Services
Recommendation
Staff and the Parks and Recreation Commission recommend that City Council:
1. adopt the attached ordinance to change the name of Foothills Park to Foothills Nature
Preserve, and
2. adopt the attached ordinance and emergency ordinance to amend the Municipal Fee
Schedule to add annual vehicle entrance fees for Foothills Park, and to amend PAMC
Section 22.04.150(k) to adjust attendance limits at Foothills Park.
Background
On August 3, 2020 (Minutes), City Council voted to change the name of Foothills Park to
Foothills Nature Preserve to acknowledge that protecting the natural environment of Foothills
is of utmost importance and to distinguish it as an open space preserve.
On November 2, 2020, City Council passed the following Motion (Minutes):
A. Open Foothills Park to the general public by removing limits on non -residents, while
maintaining the maximum capacity of 1,000 persons and providing residents first access
to reservations for all facilities.
B. Amend or delete outdated and duplicative code language.
C. For the first 90 days, temporarily limit the capacity to 750 people at any one time.
D. Return to Council and the Parks and Recreation Commission with proposals for fee,
capacity, and park management/environmental integrity studies; and
E. Direct staff to use the renaming process to consider renaming Foothills Park to Foo thills
Nature Preserve.
City of Palo Alto Page 2
The Parks and Recreation Commission (PRC), at their January 26, 2021 meeting, discussed
several items related to Foothills Park that were referred to them by City Council (name change,
fees, discounts, rules and enforcement policies). Included in the PRC’s discussion was a concern
that the pending ordinance and emergency ordinance scheduled for February 1, 2021 City
Council Consent Calendar (attached to Agenda Item Number 3) did not include an option for an
annual pass, which could limit frequent park users from visiting the park if they must pay a daily
entrance fee each time they visit. The PRC also discussed the limitation on number of visitors
allowed in the park at one time, which the emergency ordinance limits to 400 people, not to
exceed a maximum of 500 people.
On February 1, 2021, City Council approved the ordinance and emergency ordinance for a $6
vehicle entry fee and visitor limit of 400 peo ple at one time, not to exceed 500 people for
Foothills Park. The February 1, 2021 Council Consent Calendar item on the Foothills Park
emergency ordinance included an At Places Memo that explained that the PRC will hold a
special meeting on February 11, 2021 to discuss and recommend a fee structure for annual
passes for Foothills Park entry and will discuss the 500-person maximum limit to protect the
park environment, and whether that may restrict visitors more than necessary. Staff is now
returning to City Council with the PRC’s recommendations for potential action to refine
Foothills Park regulations in these areas.
Discussion
Renaming Foothills Park to Foothills Nature Preserve
On November 2, 2020 (Minutes), City Council directed staff to follow the City’s Naming Policy
(Policy 1-15/MGR) to change the name of Foothills Park to Foothills Nature Preserve. The policy
states that a proposed park name change should be reviewed and evaluated by the Palo Alto
Historical Association (PAHA), then reviewed by the Parks and Recreation Commission
(Commission) for their recommendation to City Council.
On December 10, 2020, the Palo Alto Historical Association (PAHA) completed their review and
evaluation of the proposed name change for Foothills Park. The PAHA B oard agreed that the
proposed name change to Foothills Nature Preserve is an appropriate name reflecting both the
type of park and its history. At its December 2020 board meeting, the PAHA Board formally
approved its support for renaming the park “Foothills Nature Preserve” (Attachment A).
On January 26, 2021, the Parks and Recreation Commission reviewed the proposed name
change (Staff Report). The Commission voted unanimously (7-0) to recommend that Council
change the name from Foothills Park to Foothills Nature Preserve. The meeting can be viewed
here: https://www.youtube.com/watch?v=Pmme3HYrdBg. The recommended ordinance is
Attachment B.
Annual vehicle entrance fees for Foothills Park and daily capacity limits
The Parks and Recreation Commission will discuss these topics at a Special Meeting on February
City of Palo Alto Page 3
11, 2021 and make a recommendation to City Council at that time. The February 11 staff report
can be found here: https://www.cityofpaloalto.org/civicax/filebank/documents/80187. An At
Places memo with the PRC’s final recommendation and associated ordinances for Council
consideration will be attached to the City Council Agenda in advance of the February 22 Council
meeting.
Timeline
If City Council approves the Parks and Recreation Commission’s recommendation to rename
Foothills Park to Foothills Nature Preserve, this would be the first reading of the ordinance. The
name change would become effective 31 days after the second reading.
If City Council approves the recommendation for annual fees and capacity limits, the
emergency ordinance would become effective immediately upon adoption of the ordinance.
The regular ordinance would become effective 31 days after the second reading of the
ordinance.
Resource Impact
There are several signs that will need to be updated if the name of Foothills Park is changed to
Foothills Nature Preserve. There will also be costs related to print materials (trail maps). The
cost will be approximately $5,000. Funding is available in the FY 2021 Adopted Capital Budget
through project PG-06003, which is designated for park and open space amenities.
Implementation of an Annual Pass will be done utilizing the City’s existing recreation software,
CivicRec. Staff will bring forward budgetary adjustments as appropriate to recognize revenue or
expense impacts of the PRC recommendation and any subsequent Council direction.
Stakeholder Engagement
In addition to Council’s input, the Palo Alto Historical Association reviewed the name change at
their December 20, 2020 board meeting, and on January 26, 2021, the Parks and Recreation
Commission reviewed the proposed name change.
Environmental Review
This name change does not constitute a project under the California Environmental Quality Act.
Environmental review of the entry fee and attendance limit ordinances will be not ed in the At
Places memo following the PRC’s meeting on February 11, 2021.
Attachments:
• Attachment A: Palo Alto Historical Association Report on Foothills Park Name Change
• Attachment B: Ordinance Renaming Foothills Park to Foothills Nature Preserve
Palo Alto Historical Association
P.O. Box 193
Palo Alto, CA 94302
December 10, 2020
Palo Alto City Council
250 Hamilton Avenue
Palo Alto, CA 94301
Dear Members of the Palo Alto City Council,
Following the City’s Naming Policy, city staff has requested comment and evaluation from the
Palo Alto Historical Association regarding a proposed new name for Foothills Park. The PAHA
Board was informed about the proposed name change and the request for their review via email.
The PAHA Board has agreed that the proposed name change to “Foothills Nature Preserve” is an
appropriate name reflecting both the type of park and its previous history. At its December 2020
board meeting, the PAHA Board formally approved its support for renaming the park “Foothills
Nature Preserve”.
For the Palo Alto Historical Association Board,
Steven Staiger
Historian, Palo Alto Historical Association
*NOT YET APPROVED*
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Ordinance No. ___
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.
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.; and
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;
and
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.
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.
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 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
*NOT YET APPROVED*
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(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.
(k) No more than one thousand people shall be permitted in Foothills ParkFoothills Nature
Preserve at any one time.
(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:
*NOT YET APPROVED*
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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.
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
*NOT YET APPROVED*
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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
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
*NOT YET APPROVED*
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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;
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. 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 7. The Council finds that adoption of this Ordinance is not a project under the
California Environmental Quality Act.
//
//
*NOT YET APPROVED*
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SECTION 8. This Ordinance shall be effective on the thirty‐first date after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney or designee City Manager
____________________________
Director of Community Services