HomeMy WebLinkAboutStaff Report 14245
City of Palo Alto (ID # 14245)
City Council Staff Report
Meeting Date: 5/2/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Parks and Recreation Commission Recommend Adopting an Ordinance
to Amend the Foothills Nature Preserve Attendance Range to 400-600 Guests
From: City Manager
Lead Department: Community Services
Recommendation
Staff and the Parks and Recreation Commission recommend that City Council adopt an
ordinance amending section 22.04.150(k) of the Palo Alto Municipal Code to amend the
visitor capacity range for Foothills Nature Preserve (Attachment A) and receive an
update on park entry discounts and photography policies.
Background
On November 2, 2020, City Council passed the following motion regarding Foothills
Nature Preserve (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B. Amend or delete outdated and duplicative code language;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
Foothills Nature Preserve.
Foothills Nature Preserve opened to the general public on December 17, 2020. On
January 26, 2021 (Minutes), the Parks and Recreation Commission (PRC) discussed
several items related to Foothills Nature Preserve that were referred to them by City
Council (fees, discounts, rules, and enforcement policies). Included in this discussion
was a concern that the pending ordinance and emergency ordinance scheduled for the
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
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discussed the limitation on number of visitors allowed in the park at one time, which the
emergency ordinance limited to 400 people, not to exceed a maximum of 500 people.
On February 1, 2021 (Minutes), City Council approved the ordinance and emergency
ordinance for a $6 vehicle entry fee and visitor limit of 400 people at one time, not to
exceed 500 people for Foothills Nature Preserve.
On February 11, 2021, the PRC held a special meeting to discuss an annual pass option
and the visitor capacity limit for Foothills Nature Preserve (Minutes). On February 22
(Staff Report and Minutes), City Council adopted an ordinance to change the name of
Foothills Park to Foothills Nature Preserve, established an annual pass including several
discounts and fee waivers for entry to Foothills Nature Preserve, adjusted the visitor
limit to Foothills Nature Preserve, and identified groups (e.g. visitors with reservations
in Towle Campground) who do not count toward the visitor limit. Staff began collecting
vehicle entrance fees for weekends and holidays beginning Saturday, February 27,
2021.
On February 23, 2021 (Minutes), the PRC reviewed and discussed a range of Foothills
Nature Preserve Daily/Annual Entrance Fee and Visitor Limit policy considerations. This
included some policy guidelines that had been recently adopted by City Council but had
not previously been commented on by the PRC. The PRC agreed to support some
guidelines, while referring additional details back to the Ad Hoc Committee for
additional assessment and follow-up recommendation.
On March 23, 2021 (Staff Report and Minutes), the PRC discussed several Foothills
Nature Preserve policies and voted unanimously (6-0, 1 absent) to recommend that
Council adopt an ordinance to amend the Municipal Fee Schedule to include several
new vehicle entry fees and discounts for Foothills Nature Preserve, including new fees
for medium and large vehicles/buses, free entry on six specified days per year, free
passes to be distributed at libraries; and free entry for student field trips and all fourth-
grade students; and direct staff to permanently remove the nine hillside BBQs at
Foothills Nature Preserve to help improve fire safety.
On May 10, 2021, City Council (Staff Report) approved the Parks and Recreation
Commission’s March 23 recommendation.
Discussion
On December 14, 2021, the PRC discussed Foothills Nature Preserve Policies (Staff
Report) and passed the following motion:
The PRC recommends that City Council adopt the following policies related to
Foothills Nature Preserve:
1. Continue the current practice of allowing 500 visitors at any one time and
adjust the visitor limit range to allow 400 to 600 people at any one time at
staff discretion;
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2. Prioritize capital budget funds towards the infrastructure improvements
outlined by the Infrastructure Stakeholder group and PRC review of the
infrastructure plan details;
3. Maintain the existing daily use fees, standard annual passes, free entry days,
free library entry passes, and free entry for pedestrians and bicycles;
4. Adopt free entry policy for select groups to simplify entrance station
operations, facilitate entry fee enforcement on weekdays, and expand the list
of permanent disabilities to be more inclusive:
A. Change the existing active military and veteran free entry policy to a
free annual pass for active military and veteran policy
B. Change the existing student driver free entry policy to a 50% discount
on an annual pass for students aged 16 to 24 and require that the
student be present for entry
C. Expand on the existing free entry policy for vehicles with a Disabled
Person Placard/License Plate to include a free annual pass for people
with permanent disabilities as defined by California State Parks
(developmental, hearing, speech, visual, mental, or physical
disabilities);
5. Do not pursue implementation of a reservation system at this time;
6. Monitor and evaluate potential policy changes in conjunction with available
staff resources, while maintaining the current policy prohibiting bicycle
through access at Gate D, at this time;
7. Update the dog policy under Towle Camp rules to state: when the preserve is
closed, dogs must be confined to campsites, and must be in a tent unless
supervised and accompanied at night; and
8. Request that the Palo Alto Fire Department recommend actions necessary to
mitigate wildfire safety concerns related to eucalyptus trees, campfires, and
BBQs.
Items 1-5, 7, 8: Approved 6:0. Item 6: Approved 4:1:1 (Reckdahl—no, Moss--
abstain)
The PRC and staff recommend that Council adopt an ordinance amending section
22.04.150(k) of the Palo Alto Municipal Code to amend the capacity range for Foothills
Nature Preserve. The other items in the PRC motion either don’t require action or may
be approved by the City Manager.
Visitor Limit
On February 22, 2021 (Staff Report and Minutes), City Council adopted an ordinance to
authorize the City Manager (or designee) to establish a capacity limit of Foothills Nature
Preserve in the range of 300 people to 650 people in order to protect health safety and
welfare of preserve users, to protect the natural resources in the preserve, and/or due
to limits in parking, facilities, or staff availability. Staff have used 500 people (200
vehicles) at any one time as the working visitor limit since February 2021. The preserve
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has not reached capacity since April 5, 2021. Park Rangers have not observed traffic or
parking issues in the preserve while the 500-person limit has been in place. The PRC
recommended continuing the current practice of allowing 500 visitors at any one time
and adjusting the visitor limit range from 300 to 650 people to 400 to 600 people at any
one time. This recommendation is based on the observation that when the visitor limit
was reduced to 500 people at one time and a weekend entrance fee was implemented,
preserve visitation and capacity have been noticeably more manageable. Previously
observed issues with visitors going off-trail, increased traffic, and parking issues were
greatly diminished. The PRC noted that continuing to allow the City Manager (or
designee) flexibility to make adjustments within the range of the visitor limit would be
helpful in addressing unforeseen circumstances that may impact the preserve.
The PRC recommended narrowing the visitor range because a visitor limit of fewer than
400 visitors leads to frequent and unnecessary preserve closures due to reaching
capacity. Having more than 600 visitors at one time contributes to problems with traffic
and parking, especially in the more popular areas of the preserve.
Updates Not Requiring Council Action
Entrance Fees and Passes
The PRC recommends three changes to the entry fees and passes:
• Change the existing active military and veteran daily free entry policy to a free
annual pass for active military and veteran;
• Change the existing student driver free entry policy to a 50% discount on an
annual pass for students aged 16 to 24 and require that the student be present
for entry; and
• Expand on the existing free entry vehicles with a Disabled Person Placard/License
Plate to include a free annual pass for people with permanent disabilities as
defined by California State Parks (developmental, hearing, speech, visual,
mental, or physical disabilities).
These changes are aimed at simplifying entrance station operations, reducing entrance
queues, ensuring that entrance fees can be fairly enforced once weekday entry fee
collection begins (targeting Summer 2022), and making the disabled free entry policy
more inclusive of people with different types of disabilities.
Active Military and Veteran Free Entry
The active military and veteran free entry would be changed to a free annual pass
option. The reason is there will not be a way to enforce daily free passes on weekdays
when staff are not present at the entrance station. Staff will not be able to identify
active military or veteran visitors on weekdays.
Student Driver Free Entry
The PRC wants to support and encourage youth and students to visit Foothills Nature
Preserve. Unfortunately, there have been some challenges with the existing free entry
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for student drivers. It has resulted in confusion for many park visitors, in particular the
fact that the student needs to be driving the vehicle. It has led to a number of
arguments with park visitors at the entrance station, which sometimes contributes to
vehicles backed up waiting to get into the preserve. An additional challenge with the
free entry for student drivers is that it will not be enforceable during weekdays when
the entrance station is not staffed. Staff will not be able to identify student driven
vehicles on weekdays. The PRC recommends that the student driver free entry be
changed to a 50% discount on an annual pass for students aged 16 to 24 and require
that the student be present for entry.
Vehicles with a Disabled Person Placard/License Plate Free Entry
The PRC recommends adding an additional free annual pass option for people with
permanent disabilities as defined by California State Parks, which has a 50% discount
on their passes for people with permanent developmental, hearing, speech, visual,
mental, or physical disabilities. The PRC noted that the City’s existing free entry for
vehicles with disabled person placard/license plate would be more inclusive if it included
people with different types of disabilities. The Ad Hoc recommends modeling the
program after the California State Park example.
Staff will implement these changes by amending the City’s Park and Open Space
Regulations and will take effect upon approval of the City Manager and 15 days notice
to the City Council.
Open Space and Parks Photography and Film Policy
On December 14, 2021, the PRC also discussed an Open Space and Parks Photography
and Film Policy (Staff Report). The Foothills Nature Preserve Ad Hoc Committee
reviewed the existing film and video policies for Foothills Nature Preserve and
recommended a broader consideration of policy changes which would apply to all Open
Space and Parks, which was discussed on a separate agenda item from the Foothills
Nature Preserve policy discussion. The PRC passed a motion recommending the
adoption of an Open Space and Parks Photography and Film Policy (Attachment B),
which can be approved by the City Manager.
Timeline
If City Council adopts an ordinance amending Section 22.04.150(k) of the Palo Alto
Municipal Code to amend the capacity range for Foothills Nature Preserve, there would
be a second reading of the ordinance at the May 16, 2022 City Council meeting. The
ordinance would take effect 31 days following the second reading of the ordinance.
Resource Impact
The recommendations in this report are not anticipated to materially impact resources.
The FY 2022 Municipal Fee Schedule includes a range of $0 - $80 for annual passes to
Foothills Nature Preserve, which can accommodate the PRC’s recommendations. The
proposed changes to the free entry policy for select groups to simplify entrance station
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operations and the expanded list of permanent disabilities that would qualify for free
entry to the preserve are expected to have an insignificant impact on the preserve
entrance revenue:
a. Change the existing active military and veteran free entry policy to a
free annual pass for active military and veteran policy;
b. Change the existing student driver free entry policy to a 50% discount
on an annual pass for students aged 16 to 24 and require that the
student be present for entry; and
c. Expand on the existing free entry policy for vehicles with a Disabled
Person Placard/License Plate to include a free annual pass for people
with permanent disabilities as defined by California State Parks
(developmental, hearing, speech, visual, mental, or physical
disabilities).
The FY 2022 Adopted Capital Budget includes several Foothills Nature Preserve
improvement projects with funding in FY 2022 and proposed over the next several
years. These projects will address infrastructure improvements at the Preserve that
would help address public safety and environmental concerns due to the increased
visitation (pedestrian pathway to allow visitors to avoid walking on the roadway, fencing
to protect habitat, and improvements to the parking, etc.).
Stakeholder Engagement
Foothills Nature Preserve policies were discussed at the following meetings:
• November 2, 2020, City Council meeting
• January 19, 2021, City Council meeting
• January 26, 2021, Parks and Recreation Commission meeting
• February 1, 2021, City Council meeting
• February 11, 2021, Parks and Recreation Commission meeting
• February 22, 2021, City Council meeting
• February 23, 2021, Parks and Recreation Commission meeting
• March 23, 2021, Parks and Recreation Commission meeting
• May 10, 2021, City Council meeting
• December 14, 2021, Parks and Recreation Commission meeting
Meeting agendas and minutes can be reviewed at https://www.cityofpaloalto.org/City-
Hall/City-Council/Council-Agendas-Minutes (Council meetings) and
https://www.cityofpaloalto.org/City-Hall/Boards-Commissions/Parks-and-Recreation-
Commission (Commission meetings).
Environmental Review
The project includes modifications to Foothills Nature Preserve that do not include any
physical improvements to this existing facility, including any improvements that would
generate increased use (e.g., new amenities). The project is therefore exempt from the
California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines
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Section 15301(operation of existing facilities). Adoption of the ordinance would amend
the visitor capacity range for Foothills Nature Preserve to allow 400 to 600 users at a
given time. The ordinance continues to provide the City Manager with the authority to
establish the total capacity at the preserve at a given time in order to protect the
health, safety, and welfare of preserve users, to protect the natural resources in the
preserve, and/or due to limits in parking, facilities, or staff availability. The adoption of
this ordinance would not affect the normal operations of this facility and are therefore
exempt from CEQA in accordance with CEQA Guidelines Section 15323.
Attachments:
• Attachment A: Ordinance Amending Section 22.04.150(k) of PAMC to Amend Capacity
Range for Foothills Nature Preserve
• Attachment B: PRC Open Space Photography and Film Policy
*NOT YET APPROVED*
1
248_20220414_ts24
Ordinance No. ___
Ordinance of the Council of the City of Palo Alto Amending Section 22.04.150(k)
of the Palo Alto Municipal Code to Amend the Capacity Range 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 Nature Preserve is reserved for park, playground, recreation,
or conservation purposes by Palo Alto Municipal Code (PAMC) 22.08.090 et seq.;
B. Based on recommendation from the Parks and Recreation Commission, the City
Council desires to modify the capacity range of Foothills Nature Preserve and make amendments
to some Preserve discounts.
SECTION 2. Subsection (k) of section 22.04.150 (Foothills Nature Preserve) of Chapter
22.04 (Parks and Recreation Building Use and Regulations) of Title 22 (Parks) is hereby amended
as follows (new text in underline, deleted text in strikethrough):
(k) No more than 650 600 people shall be permitted in Foothills Nature Preserve at any one
time.
(1) The city manager or designee may establish a capacity limit in the range of 300 to 650 400
to 600 people at Foothills Nature Preserve in order to protect the health, safety, and welfare of
preserve users; to protect the natural resources in the 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.
SECTION 3. 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.
*NOT YET APPROVED*
2
248_20220414_ts24
SECTION 4. 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 5. 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:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Community Services
____________________________
Director of Administrative Services
Attachment A
The Parks and Recreation Commission recommends that City Council adopt the following Open
Space and Parks Photography and Film policy (Attachment A):
Palo Alto Open Space and Parks Photography and Film Policy
Photography and Film Permit overview
• Photography and film is defined as the recording on any medium of still or motion
images
• Permits are not required for personal photography and film
• Permits are required for low-impact photography and film
• High-impact photography and film are not permissible
• Please allow a minimum of two weeks (14 calendar days) for permit approval and
processing
• Permit fees may apply
• Parking is limited, and vehicles generally are not permitted outside of designated parking
lots and roadways
• The use of drones is not permitted
• To protect wildlife and habitat, access is limited to designated trails (see exclusions
below) and established use areas such as turf and picnic areas
Personal Photography and Film—No Permit Required
Permits are not required for photography and film that meets all the following requirements:
• Non-commercial (still, motion picture, video, digital, and other)
• No impacts to vegetation, habitat, wildlife, or visitor use
• 24 or fewer people
• Duration of one hour or less
• No exclusive use of parks and preserves (blocking trails, parking spaces, roads, pathways,
or any public access)
• In compliance with all municipal codes and park regulations. Municipal Code and Park
Regulations may be found here:
https://www.cityofpaloalto.org/Departments/Community-Services/Open-Space-
Parks/Open-Space-Preserves/Rules-Regulations
• Examples of personal photography and film include photography that does not require
additional permits, small professional group shoots with limited subjects and crew (e.g.,
one photographer, 1-5 subjects) such as an engagement or immediate family photography
session, and shoots with no impact to vegetation, habitat, wildlife, or visitor use.
Photography and Film--Permit Required
Low-impact photography and film may be permitted. This is generally associated with smaller
shoots that do not significantly impact City-owned property, the public right-of-way, and other
visitors use of the park or preserve. Permits cannot be issued for shoots that will have any
significant impacts to vegetation, habitat, wildlife, or visitor use.
Low-impact photography or film requires that a completed Photography and Film Permit
application be submitted to the manager of the desired park or preserve. The application will be
reviewed, and a permit may be granted once all fees and forms have been submitted. Wedding
photography and film may, depending on the circumstances, require a permit and fees.
Permits are required for photography and film that includes:
• Commercial shoot (as defined in Palo Alto Open Space and Parks Regulations R1-21A)
• Duration of up to two hours
• Multi-camera shoot
• Additional lighting, sound, and other equipment
Permits for photography and film will not allow the following:
• Commercial shoots that significantly impact City-owned property or the public right-of-
way, either by utilizing a large area of City-property, negatively impacting the property,
or requiring traffic control/street closures. Typically, these shoots include a crew with
multiple photographers/cameras, and assistants and talent.
• Shoots on weekends and City holidays
• Shoots during park closure hours
• Duration of shoot for more than two hours, including set up and tear down
• Exclusive use of a significant area within a park or preserve
Photography and Film Permit Application Conditions
All permit applicants shall accept and agree to comply with the following photography and
film general conditions:
1. Utmost care will be exercised to ensure that wildlife, habitat, and natural/historic/cultural
resources are not disturbed or impacted.
2. Photography and film of wildlife will be permitted only when such wildlife will not be
approached within 100’, fed, harmed, or otherwise disturbed from their natural behavior.
3. Drones are not allowed.
4. No employee of the City of Palo Alto may work for the permittee in any capacity
whatsoever while in uniform or if directly involved in supervision of the permittee.
5. Amplified sound such as gunfire, sirens, public address systems, and other similar noise-
producing equipment are not permitted under any circumstances. Other amplified sound such
as music requires an additional noise abatement permit for a level more than fifteen dB above
the local ambient at a distance of twenty-five feet or more. PAMC 22.04.180/PAMC 9.10.050
https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-83686#JD_22.04.180
https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-66214#JD_9.10.050
6. Production vehicles shall park according to an approved parking plan.
7. Areas of filming shall be cleared, and the site left as found at end of each day’s shooting.
8. Smoking, vaping, or any open flame are not permitted.
9. Exclusive use of any significant areas is not permitted, including:
• Closing roads and trails
• Off-trail access
• Access to trails less than 48” (must allow at least 5’ of trail width for other park visitors
to pass)
• Use of generators requires an additional permit and fees (see Special Event Permit
Application)
11. Fees will be determined during the permit review process and will be discussed with
applicant prior to permit issuance. A refundable deposit of up to $1,000 may be required to
ensure compliance with permit conditions. The amount, if any, to be refunded to the permittee
is solely at the discretion of the City of Palo Alto.
12. A permit is required for all groups of 25 people or
more https://www.cityofpaloalto.org/Departments/Community-Services/Open-Space-
Parks/Open-Space-Preserves/Rules-Regulations
13. The Special Event Permit fee range (currently $324 - $2,163) applies to Parks and Open
Space Photography and Film Permits