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HomeMy Public PortalAboutStaff Report 2301-0723CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, January 23, 2023 Council Chambers & Hybrid 5:00 PM AGENDA ITEM COVER PAGE 7.Parks and Recreation Commission Recommendation to Adopt an Ordinance Amending PAMC Section 22.04.220 to Regulate Electric Bicycles and Electric Coasting Devices in Parks and Open Spaces CITY COUNCIL STAFF REPORT From: City Manager Report Type: CONSENT REPORT Lead Department: Community Services Meeting Date: January 23, 2023 TITLE Parks and Recreation Commission Recommendation to Adopt an Ordinance Amending PAMC Section 22.04.220 to Regulate Electric Bicycles and Electric Coasting Devices in Parks and Open Spaces RECOMMENDATION The Parks and Recreation Commission (PRC) recommends that the City Council adopt an amendment to PAMC 22.04.220 to regulate electric bicycles and electric coasting devices 1 in City parks and open spaces (Attachment A). EXECUTIVE SUMMARY On January 1, 20231, new legislation, AB 1909, changed the default rule to allow the use of all classes of e-bikes (including class 3) on all trails unless prohibited by local ordinance. In response to this change in state law, the PRC voted unanimously to recommend that City Council 1) amend PAMC 22.04.220 to regulate all classes of electric bicycles and electric coasting devices in City parks and open spaces (Attachment A) and 2) that the City Manager adopt the updated Parks and Open Space Regulation R1-18 and R1-37 to regulate electric bicycles and electric coasting devices (Attachment B). The ordinance update clarifies that the park regulations provide rules on where e-bike and electric coasting devices are allowed in Open Space and Parks. The regulations are consistent with the following policy: 1 Until the end of 2022, state law prohibited the use of class 3 electric bicycles (e-bikes) on trails (including hiking, recreational, equestrian, and bike trails). Class 3 e-bikes are the fastest category of e-bike and capable of electric assist up to 28 miles per hour. Cities could opt-out of this restriction by adopting an ordinance, but the City of Palo Alto followed the default state law prohibition. 1 4 0 5 Open Space Policy •All e-bikes (class 1, 2, and 3) are allowed on paved roads and trails and are prohibited elsewhere including on unpaved roads and trails. •Other electric powered mobility devices are allowed on paved roads and trails at the Baylands Nature Preserve and are prohibited in other open space preserves (Pearson- Arastradero Preserve, Foothills Nature Preserve, and Esther Clark Park). Parks Policy •All e-bikes (class 1, 2, and 3) are allowed on paved and unpaved trails in parks, and are prohibited elsewhere (turf, sports courts, playgrounds, landscaped areas, etc.) in parks. •Other electric powered mobility devices are allowed on paved and unpaved trails in parks, and are prohibited elsewhere (turf, sports courts, playgrounds, landscaped areas, etc.) in parks. BACKGROUND California State E-Bike Description and Policy Section 312.5 of the California Vehicle Code (CVC) defines an e-bike as having fully operable pedals and an electric motor of less than 750 watts. It also defines three categories of e-bikes based on the power of their electrical assistance and whether the e-bike can move without pedaling: •A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. •A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. •A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour and equipped with a speedometer. Note: The only difference between class 1 and class 2 is that with a class 2, the electric motor can be used exclusively to power the bicycle using a throttle (pedaling is not required). State Law Prohibited Class 3 E-Bikes on Trails Until December 2022 1 4 0 5 Until the end of 2022, CVC section 21207.5 (b) prohibited the use of class 3 e-bikes on recreational trails and paths unless the public agency with jurisdiction chose to permit them, and provided that a public agency may prohibit class 1 and 2 e-bikes on trails within the agency’s jurisdiction. Class 1 and 2 e-bikes are currently allowed on City of Palo Alto open space and park trails except for Foothills Nature Preserve, where bikes are not allowed on trails. On January 1, 2023, new legislation, AB 1909, removed the prohibition of class 3 e-bikes on trails and paths unless prohibited by local ordinance. Regional Policies Locally, there is mixed support for e-bike use, with varying restrictions. Many restrictions have not been updated since the CVC updated the definition of e-bikes and are based on now- outdated laws and definitions of motorized vehicles or devices. The Midpeninsula Regional Open Space District is one local agency that has done a significant amount of work reviewing and updating its e-bike policy. On November 20, 2019, the MROSD Board of Directors directed the General Manager to evaluate potential electric bicycle (e-bike) access in MROSD preserves. Part of the MROSD analysis included various surveys and studies related to a one-year pilot program of class 1 and class 2 e-bike use on paved, multi-use trails within Rancho San Antonio and Ravenswood Preserve and intercept surveys on Santa Clara County Parks unpaved, multi-use trails where e-bikes are currently allowed. Additionally, H. T. Harvey and Associates (an environmental consulting company) completed an e-bike noise study, focused on potential impacts to birds and bats, and the MROSD Science Advisory Panel (SAP) conducted a literature review of the impacts and benefits of e-bikes. The PRC Electric Conveyances Policy Ad Hoc Committee (Ad Hoc) and staff found the MROSD’s analysis (Staff Report/Study) informative. On June 29, 2022, the MROSD Board voted 4-2 to: •Allow class 1 and class 2 e-bike access on limited improved trails at Ravenswood Preserve •Allow class 1 and class 2 e-bike access on limited improved trails where bikes are currently allowed at Rancho San Antonio Preserve •Affirm the prohibition of e-bikes on MROSD trails except for specifically designated trails noted above Note: E-bikes are allowed on ~1.6 miles of paved asphalt trails at Ravenswood Preserve, and less than 5 miles of select, primarily paved trails at Rancho San Antonio Preserve with asphalt. E-bikes are prohibited on all MROSD trails at the 26 open space preserves under its jurisdiction, except for those noted at Ravenswood Preserve and Rancho San Antonio Preserve. 1 4 0 5 City of Palo Alto Policy Class 1 and 2 e-bikes are currently allowed on open space and park trails except for Foothills Nature Preserve, where bikes are not allowed on trails. Class 3 e-bikes were prohibited under the state’s default prohibition under CVC 21207.5, but are now allowed as of January 1, 2023 due to the change to state law. As permitted by the updated state law, adopting this ordinance will allow the City to regulate all classes of e-bikes on trails within City parks and open spaces. ANALYSIS Starting in April 2022, the PRC Ad Hoc met numerous times to discuss and prepare a draft Open Space and Parks Electric Bicycle and Electric Conveyances Policy (Policy). The Ad Hoc identified several important factors to consider while developing the Policy: •Environmental and ecological impacts •Safety •Public access •Equity •Recreation •Enforceability •Clarity and simplicity •Compatibility with regional policies •Public demand and opposition •Bicycle transportation corridors Stakeholder Input On September 22, 2022, staff and the Ad Hoc met with Transportation staff to discuss and collect their feedback on the draft Policy. On October 3, 2022, staff and the Ad Hoc met with the Chair and Vice Chair of the Palo Alto Pedestrian and Bicycle Advisory Committee (PABAC) to collect their feedback on the draft Policy. On October 25, 2022, the PRC reviewed the draft Policy (Staff Report). There was general support for the draft Policy. One issue that the PRC discussed was the PABAC Chair and Vice Chair’s recommendation that e-bikes be allowed on the unpaved trails at the Baylands Nature Preserve. Three commissioners noted that they would support allowing Class 1 e-bikes on the unpaved trails at the Baylands. On November 1, 2022, PABAC reviewed the draft Policy and passed the following motion (15:0:1): PABAC does not approve the draft E-bike guidelines for Palo Alto’s Open Spaces and Parks presented to us for review on Nov. 1. We (PABAC) recognize that e-bikes are becoming more 1 4 0 5 popular and there is a need to create some guidelines. We (PABAC) urge the PRC to wait until the completion of the BPTP Update before submitting their recommendations to Council. The Bicycle Pedestrian Transportation Plan (BPTP) Update is scheduled to begin in early 2023 and take between 18 to 24 months to complete. PABAC formed a subcommittee to work on e-bikes. On November 10, 2022, staff and the Ad Hoc met with Transportation staff to collect additional feedback on the draft Policy. Transportation staff explained that the 2020 Safe Routes to School Elementary Parent Survey e-Bike Data shows approximately 10% e-bike ownership, and 2022 Safe Routes to School Middle/High School Travel Tally Student e-Bike Data reveals approximately 0.5% e-bike ownership. Transportation staff recommend basing bicycle restrictions on Open Space and Park trails on speed and not class, due to the challenges of discerning a bike based on its class type. They also stressed the importance of allowing e-bike commutes on park trails to support students using e-bikes to get to school and meeting the City’s sustainability goals. The Ad Hoc incorporated this feedback into an updated draft Policy. On November 22, 2022, the Ad Hoc met with the PABAC Subcommittee and Chair. There was general support for the updated draft Policy. One area of disagreement is that the PABAC members argue that e-bikes should be allowed on unpaved trails at the Baylands Nature Preserve. The Ad Hoc argued that local access and regional transportation corridors are supported at the Baylands with e-bike access on paved trails from the Friendship Bridge to Shoreline Park (Baylands Nature Preserve Trail Map), and that limiting e-bikes to paved Open Space trails allows for local access to the Baylands, prioritizes ecological preservation, and is consistent with the policy of neighboring agencies, particularly MROSD. The Ad Hoc and the PABAC Subcommittee agreed to continue to meet to discuss e-bikes. Parks and Recreation Commission Recommended Policy Update In recommending an e-bike policy, the PRC seeks to balance competing priorities, including transportation corridors, community recreation, enjoyment of nature, habitat and wildlife protection, safety, and enforceability. Local access and regional transportation corridors are supported at the Baylands with e-bike access on paved trails from the Friendship Bridge to Shoreline Park. Limiting e-bikes to paved Open Space trails allows for local access to the Baylands, prioritizes ecological preservation, and is consistent with the policy of neighboring agencies, particularly MROSD. The PRC recommends improving e-bike policy communication and education to support this policy recommendation. This should include improved and increased signage (speed limit, trail rules and etiquette) and website enhancements. 1 4 0 5 The PRC supports a common policy for all e-bikes, without differentiating between e-bike classes. This recommendation change is based in part on further consultation with Transportation staff, advocating an e-bike usage policy promoting safe speed behavior, rather one based on e-bike classification. Distinguishing between different classes of e-bikes is difficult, if not impossible. A common policy for all e-bikes provides simplicity for pedestrians and cyclists to understand, encourages community compliance and support. The common policy also simplifies staff’s ability to explain and enforce e-bike usage regulations. The PRC and staff recognize e-bike and other electric conveyance usage is evolving. Continued monitoring of impacts, learning from the experiences of neighboring agencies, and feedback from City resources and community outreach will help inform future updates to the Policy. Agencies and City resources will include MROSD, PABAC, and the City/School Transportation Committee, and the BPTP Update (once it is completed). In consideration of the recent clarification about class 1 and 2 e-bikes being allowed on Palo Alto trails and the pending State legislation that will also allow class 3 e-bikes on Palo Alto trails, the Ad Hoc and staff believe a more immediate action is needed. On November 22, 2022, PRC voted unanimously (7:0) to recommend that City Council adopt an update to ordinance 22.04.220 to regulate the use of electric bicycles and electric coasting devices (Attachment A), and that the City Manager adopt the updated Parks and Open Space Regulation R1-18 and R1-37 to regulate electric bicycles and electric coasting devices in specific areas (Attachment B) (Staff Report). The Parks and Open Space Regulations are consistent with the following Policy: Open Space Policy •All e-bikes (class 1,2, and 3) are allowed on paved roads and trails and are prohibited elsewhere including on unpaved roads and trails. •All e-bikes (class 1,2, and 3) are allowed for city staff in open space and parks for maintenance and enforcement purposes, consistent with P.A.M.C. 22.04.150(f). •Other electric powered mobility devices are allowed on paved roads and trails at the Baylands Nature Preserve and are prohibited in other open space preserves (Pearson- Arastradero Preserve, Foothills Nature Preserve, and Esther Clark Park). Parks Policy 1 4 0 5 •All e-bikes (class 1, 2, and 3) are allowed on paved and unpaved trails in parks, and are prohibited elsewhere (turf, sports courts, playgrounds, landscaped areas, etc.) in parks. •Other electric powered mobility devices are allowed on paved and unpaved trails in parks, and are prohibited elsewhere (turf, sports courts, playgrounds, landscaped areas, etc.) in parks. Open Space and Parks Policy •R1-20. TRAIL USE SPEED LIMIT will apply to e-bikes and other electric powered mobility devices. •The maximum speed for all trail uses is 15 miles per hour, unless a lesser maximum speed is posted, and no person shall exceed the maximum speed on any trail; however, no person shall operate a bicycle, e-bike, or other electric powered mobility device, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. Bicyclists, e-bike and other electric powered mobility device users, and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. •When not in use, e-bikes and other electric powered mobility devices: o Should be parked in designated parking areas when available. o May not be left unattended on trails, vegetation, landscaped areas, or vehicle parking areas. o Are not allowed to interfere with access or use of any open space and park trail, turf, playground, sports court, facility, or amenity (park bench, picnic table, etc.). Note: these same guidelines apply to regular bikes. •The Americans with Disabilities Act (ADA) overlays all city policies and is specific to each individual person who may need an adjustment of city policy or regulation. People may contact Community Services Department staff to make an ADA access request pertaining to this policy. FISCAL/RESOURCE IMPACT If City Council adopts the recommendation in this staff report, staff will purchase and install new signs (speed limit, trail rules and etiquette). The approximate cost for the signs will be $10,000. The FY 2023 Adopted Capital Budget Project Benches, Signage, Walkways, Perimeter Landscaping, and Site Amenities (PG-06003) has sufficient funding to purchase and install the signs in the current fiscal year, with no additional budgetary action required. 1 4 0 5 STAKEHOLDER ENGAGEMENT The following community meetings and hearings were held to obtain public input on the proposed policy: •April 2022 to November 2022—numerous meetings with PRC Ad Hoc Committee and staff •October 25, 2022--Parks and Recreation Commission meeting •November 1, 2022-- PABAC meeting •November 22, 2022-- Ad Hoc and PABAC Subcommittee meeting •November 22, 2022-- Parks and Recreation Commission meeting ENVIRONMENTAL REVIEW This ordinance is categorically exempt from CEQA under CEQA regulation 15301 (existing facilities). ATTACHMENTS Attachment A: Amendment to PAMC 22.04.220 to regulate electric bicycles and electric coasting devices in City parks and open spaces Attachment B: Amendment to Open Space and Parks Regulations APPROVED BY: Kristen O'Kane, Community Services Director Report #: 2301-0723 *NOT YET APPROVED* 1 262_20221220_ts24 Ordinance No. ___ Ordinance of the Council of the City of Palo Alto Amending Section 22.04.220 (Bicycles and animals) of the Palo Alto Municipal Code to Prohibit the Use of Electric Bicycles in the City’s Parks Except as Permitted by Regulation. The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and declarations. A. California Vehicle Code section 21207.5 prohibits the use of motorized bicycles and Class 3 electric bicycles “on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section 21207, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local authority or the governing body of a public agency having jurisdiction over the path or trail permits, by ordinance, that operation.” B. In 2022, the State of California approved AB 1909, which amended California Vehicle Code section 21207.5 to allow the use of Class 3 electric bicycles in the areas listed above unless an agency adopts an ordinance prohibiting such use. This amendment will be effective January 1, 2023. C. The City Council now desires to adopt this ordinance to ensure the City can retain its authority to prohibit the use of electric bicycles in certain park and open space areas as permitted by AB 1909 and California Vehicle Code section 21207.5 as amended. SECTION 2. Section 22.04.220 (Bicycles and animals) 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): 22.04.220 Bicycles and animals. (a) No person shall operate, drive or ride a bicycle, electric bicycle (e-bike), unicycle, skateboard, roller skates, scooter, jogging stroller or other coasting device (including electric coasting devices), horse or any other animal in a park or open space lands except on established paths or walkways, unless as expressly permitted to do so pursuant to park regulations. (b) Persons riding horses shall properly dispose of horse manure dropped from the animal they are riding by removing it to the side of the levee, trail or road. (c) No person shall operate or use a skateboard, roller skates, scooter, jogging stroller or other coasting device in open space lands except on the Renzel Trail and other paved off-road multi- use trails. 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 *NOT YET APPROVED* 2 262_20221220_ts24 regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 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). 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 1 City of Palo Alto PARK AND OPEN SPACE REGULATIONS (Last Updated December 2022) Contents R1-1. DEFINITIONS................................................................................................................... 2 R1-2. APPLICABILITY ............................................................................................................... 2 R1-3. CLOSURE OF FACILITIES - AUTHORITY ....................................................................... 2 R1-4. CONTENTS OF PERMIT APPLICATION; SUBMISSION ................................................. 3 R1-5. ACTION ON PERMIT APPLICATION ............................................................................... 3 R1-6. FOOTHILLS PARK – RESERVATIONS AND VEHICLE ENTRY ...................................... 4 R1-7. PERMIT – EXHIBITION .................................................................................................... 5 R1-8. HOURS OF PARK CLOSURE .......................................................................................... 5 R1-9. HAZARDOUS GAMES OR ACTIVITIES ........................................................................... 5 R1-9A. USE OF METAL DETECTORS IN PARKS .................................................................... 6 R1-10. PICNIC SITE USAGE ..................................................................................................... 6 R1-10A. LYTTON, COGSWELL AND KING PLAZA................................................................... 6 R1-10B. LYTTON PLAZA NOISE REGULATION ....................................................................... 7 R1-11. RACQUET COURT (TENNIS AND PICKLEBALL) USAGE ............................................ 7 R1-12. ATHLETIC FIELD USE ................................................................................................... 8 R1-13. PEERS PARK AND JOHNSON PARK VOLLEYBALL USE ............................................ 8 R1-14. SKATEBOARD FACILITY .............................................................................................. 9 R1-15. GOLF COURSE ............................................................................................................. 9 R1-16. SWIMMING .................................................................................................................... 9 R1-17. BOAT USE ....................................................................................................................11 R1-18. BICYCLES, SKATEBOARDS AND ROLLER SKATES ..................................................12 R1-19. HUMAN FLIGHT ...........................................................................................................13 R1-20. TRAIL USE SPEED LIMITS ..........................................................................................13 R1-20A. USE OF DESIGNATED TRAILS, PATHS AND RECREATIONAL LAWN AREAS IN OPEN SPACE LANDS ..............................................................................................................13 R1-21. COMMERCIAL ACTIVITIES AND SOLICITATION ........................................................13 R1-21A. COMMERCIAL PHOTOGRAPHY AND FILMING .......................................................13 R1-22. RESTROOMS ...............................................................................................................14 R1-23. UNAUTHORIZED USE OF KEYS OR LOCKS ..............................................................14 R1-24. WATER POLLUTION ....................................................................................................15 R1-25. HARMFUL SUBSTANCES ............................................................................................15 R1-26. LITTERING ...................................................................................................................15 R1-27. DISPOSAL OF EFFLUENT ...........................................................................................15 2 R1-28. SMOKING .....................................................................................................................15 R1-29. FIREWORKS.................................................................................................................15 R1-30. ANIMALS ......................................................................................................................15 R1-31. NUISANCE DOGS ........................................................................................................16 R1-32. DOG EXERCISE AREA ................................................................................................17 R1-33. UNAUTHORIZED CONSTRUCTION ACTIVITIES ........................................................17 R1-34. USE OF UTILITIES .......................................................................................................17 R1-35. GATHERING WOOD IN OPEN SPACE AREAS ...........................................................17 R1-36. PARKING RESTRICTIONS ...........................................................................................17 R1-37. OPERATION OF MOTOR VEHICLES ...........................................................................18 R1-37A. VEHICLE WEIGHT LIMIT ON BAYLANDS ROADS AND PARKING LOTS ................18 R1-38. VIOLATION – PENALTY ...............................................................................................18 R1-39. PLAYGROUNDS ...........................................................................................................19 R1-40. COMMUNITY GARDENS ..............................................................................................19 R1-1. DEFINITIONS The following words and phrases, whenever used in these regulations, shall be construed as defined in these regulations. A. "City" means the City of Palo Alto. B. "department" means the Community Services Department of the City. C. "facility" or "park facility" means any body of water, land, campsite, garden, trail, levee, recreation area, building, structure, system, equipment, machinery or other appurtenance owned, managed, controlled or operated by the Community Services Department. D. “director” means the Director of Community Services of the City. R1-2. APPLICABILITY The provisions of these regulations apply to all facilities under the jurisdiction of the Community Services Department. R1-3. CLOSURE OF FACILITIES - AUTHORITY The director shall have the authority to close any park facility or portion thereof and require the exit of all persons therein when he or she determines that conditions exist in said facility or portion thereof which presents a hazard to the facility or to public safety. No person shall use, enter or remain in any facility, Park or Open Space which has been posted as being closed under this authority. A. The Open Space, Parks and Golf Division Manager shall have the authority to close Open Space trails which have been designated as “seasonal trails” when weather conditions predispose the trail or surrounding habitat to damage or erosion. Such trail closures will be posted on park bulletin boards and at the affected trail junctions. B. The Open Space, Parks and Golf Division Manager shall have the authority to temporarily close Open Space trails or facilities when the damage of flora or fauna are threatened by humans or their pets. Such facility closures will 3 be posted on park bulletin boards and at affected trail junctions or facilities. R1-4. CONTENTS OF PERMIT APPLICATION; SUBMISSION Whenever a permit is required by provision in these regulations, an application shall be filed with the director stating: A. The name of each applicant, sponsoring organization and the person(s) who is in charge of or responsible for the proposed activity; B. The address and telephone numbers of each person and/or entity named in subsection (A); C. The name of the Park, Open Space land, building, field or tennis courts requested for the activity, specifically identifying the location of the activity within the park or room within the building; D. The date and starting time of the proposed activity, together with the anticipated arrival time of guests; The finish time of the proposed activity, including cleanup; E. The number of persons expected to attend the activity; F. Additional City facilities requested, such as personnel, tables, chairs, etc; G. The nature of the proposed activity or activities, including equipment and vehicles to be brought into the Park or Open Space lands; nature and duration of the use of such equipment; nature and duration of the use of any amplified sound; whether fees or donations for service will be solicited or collected; and whether alcohol will be served. H. Proof of Palo Alto residency may be required for the permit application. I. The necessity for street closure in order to hold an event. J. The permit application shall be filed with the director by no later than seven (7) days prior to the date of the special event. R1-5. ACTION ON PERMIT APPLICATION The director shall issue a permit within five (5) business days after submission of a completed application if: A. The proposed activity or use of the facility will not unreasonably interfere with or detract from the general public enjoyment of the facility; B. A facility with the required occupancy load capacity is available; C. All conditions, including, where applicable, the payment of fees, approval of the Director of Community Services and insurance coverage, security deposits and/or requirements are met; D. The proposed activity or use will not entail unusual, extraordinary or burdensome expense or security operation by the department; E. If the proposed special event will have more than twenty-five (25) individuals in attendance, involve road closures, traffic control, or the need for inter- departmental review (for example, for a “fun run” or a “live music” event), an additional City-wide special event application from the Police Department may be required for the event. City-wide special event permit applications are not generally required for standard picnic reservations. Completed City-wide special event permit applications may be filed as early as one year before the event but must be received no later than 30 days before the actual event date, and no later than 90 days before the actual date of the event if the event requires a street closure. 4 F. The facilities desired have not been reserved for other use; G. Special conditions requested in applications are reasonable and feasible. H. The proposed activity will not negatively impact habitat, wildlife, or vegetation in the Park or Open Space area. I. Residency requirements, if any, have been satisfied. R1-6. FOOTHILLS PARK – RESERVATIONS AND VEHICLE ENTRY A. Resident Reservation Preference. The Towle Campground, Oak Grove Group Picnic Area, and the Interpretive Center meeting room at Foothills Park shall have Resident Reservation Preference in making reservations. No other facility existing as of December 2020 shall have Resident Reservation Preference. Resident Reservation Preference shall be one that permits residents to have access to reservations for no longer than the first 25% of the time period during which reservations for the subject facility may be made. Thus, if the facility in question is made available for reservation by residents for 4 weeks’ time prior to the date of the reservation, the facility must be made available for reservation by non-residents for at least 3 weeks’ time before the date of reservation. (Note: This rule is governed by the 2020 settlement agreement regarding Foothills Park). B. Vehicle Entry Fee. All motor vehicles entering Foothills Park shall be subject to a vehicle entry fee within the limits set by the Municipal Fee Schedule and according to the fees set below. Violators shall be subject to administrative citation for failure to comply with park regulations per PAMC 22.04.030. This regulation does not apply to City councilmembers, staff, contractors, or volunteers while conducting official City business/operations in Foothills Park. Foothills Nature Preserve Vehicle Entry Fee Foothills Nature Preserve – daily entry for vehicles that have up to 9 person capacity • $6 per vehicle per day; • Free for City-designated preserve volunteers, and vehicles with a valid disabled person parking placard or license plate. Free on the following days: • First Saturday in December • Third Monday in January (MLK Day) • First Tuesday in March • Last Wednesday in April • Third Thursday in June • First Friday in October Foothills Nature Preserve – daily entry for vehicles that have 10-24 person capacity $30 per vehicle per day Foothills Nature Preserve – daily entry for vehicles that have 25 person or more capacity $60 per vehicle per day (Only available in conjunction with group permit) 5 Foothills Nature Preserve – annual pass for motor vehicles (Annual pass allows entry for a motor vehicle with a capacity of up to 9 persons) • $65 per year for non-residents; • $50 per year for Palo Alto residents and City of PA employees; • 25% discount for seniors (65+); • 50% discount for students aged 16-24 (student must be present when entering) • Free for active military, veterans, permanent disability, and low-income visitors Foothills Nature Preserve – daily entry for vehicles in conjunction with a City- permitted student field trip Free Foothills Nature Preserve – library free pass program Free regular vehicle (up to 9 person capacity) entry with pass. Passes available at Palo Alto libraries, subject to conditions on pass. Foothills Nature Preserve – fourth grade annual pass program Free. Valid for one year, beginning in August of the year the student begins 4th grade and ending the following August 31. Pass allows entry of one regular vehicle (up to 9 person capacity) when 4th grader is present. R1-7. PERMIT – EXHIBITION No person shall fail to produce and exhibit a permit he or she claims to have upon request of any department employee, contracted park ranger or any public or peace officer who desires to inspect the permit for the purpose of enforcing compliance with any regulations of this chapter. R1-8. HOURS OF PARK CLOSURE For purposes of enforcement of the Park and Open Space closure restrictions promulgated in Chapter 22.04 of the Palo Alto Municipal Code, the terms “sunset” and “sunrise” are defined with reference to a table of times that is determined annually and posted at Open Space facilities. Closure times specified in Chapter 22.04 as implemented by this regulation shall be posted prominently at each Park or Open Space facility and shall be posted on the City’s web site. R1-9. HAZARDOUS GAMES OR ACTIVITIES The playing of games and/or activities involving propelled or thrown objects which are sharp or heavy (such as stones, shot puts, arrows or javelins) are prohibited except when a permit is issued by the director in areas compatible for such use. Except in designated areas of Mitchell Park where inflatable structures can be used by City staff or designated contractors as part of a City-sponsored program, inflatable structures, miniature trains designed or used for passengers, pony rides, and dunking tank attractions are prohibited in Parks or Open Space areas. 6 R1-9A. USE OF METAL DETECTORS IN PARKS Metal detectors for the purpose of scavenging can only be used within park facilities in such a fashion where turf or landscaped areas are not disturbed, cut or dug into. R1-10. PICNIC SITE USAGE Group picnic site reservations at Mitchell Park Arbor, East Meadow, Pine Grove and Redwood areas; and Rinconada Park Sequoia area are available to Palo Alto residents only. No more than 60 individuals shall occupy a group picnic site at Mitchell Park Arbor, East Meadow and Redwood areas; 100 individuals at the Pine Grove picnic area; 75 individuals at Rinconada Park Sequoia picnic area; or 150 individuals at Foothills Park Oak Grove. No more than 15 individuals shall occupy any table in an individual picnic site at Mitchell Park and Rinconada Park. With the exception of the two table/one barbecue at individual picnic sites of Mitchell Park, each group of participants shall not occupy more than one individual site. R1-10A. LYTTON, COGSWELL AND KING PLAZA A. Use of tables: For permitted events and activities, no more than four six-foot tables are permitted at one time at Cogswell Plaza; no more than ten six-foot tables are permitted at Lytton Plaza; and no more than twenty six-foot tables are permitted at King Plaza. Tables shall not be arranged in a configuration longer than twelve-foot wide span and there must be a minimum of three-feet between sets. B. The City shall be compensated the full cost of replacement of any chair, tables or other furnishings damaged by the event or special use. C. Special event organizers must cover existing trash receptacles and provide their own waste stations (compost/recycle/trash) that they will then be responsible for removing after the event. D. Damage deposits may be required for any special event or use at the discretion of City staff. E. No tables, tents or other structures shall be set up closer than ten (10) feet from the nearest structure. F. Shade canopies may be authorized in a permit so long as the shade structure measures ten-foot by ten-foot, or less. Canopies shall be weighted or anchored to prevent blowing over. G. Stage platforms shall be no higher than twenty-four inches tall and ten-feet by twelve-feet in maximum area. H. As per the Chapter 22.04 of the Palo Alto Municipal Code, no alcoholic beverages may be served or consumed at these plaza parks. I. No barricades or cordoning off areas of the plaza. J. No jump/bounce houses are permitted on plaza. K. Special event organizers must supply a layout of all items to be placed within plaza and be approved by City staff before the event. L. As per Palo Alto Municipal Code Section 22.04.160, no commercial solicitation or business transactions other than those associated with and supportive of City programs or City-sponsored activities for which a permit has been issued by the director is permitted in parks or plazas. M. As per Palo Alto Municipal Code section 22.04.300, open flames, including candles, are not allowed without a permit from the Director in these Plazas. 7 R1-10B. LYTTON PLAZA NOISE REGULATION A. A permit under Palo Alto Municipal Code Section 22.04.040 is not required of any person in order to engage in the playing of an amplified musical instrument at Lytton Plaza, which otherwise meets the requirements of sections 9.10.050 and 22.04.180 and subject to the following: the playing of an amplified musical instrument occurs on a first-come, first-served basis during the following days and times of day: (a) Monday through Thursday, 5:00 PM to 10:00 PM; (b) Friday, 5:00 PM to 11:00 PM; (c) Saturday, noon to 11:00 PM; and Sunday, noon to 10:00 PM. The term “first-come, first-served” means the first person or group of persons to commence playing an amplified musical instrument at Lytton Plaza shall be entitled to play to the exclusion of all others for a period not exceeding three (3) consecutive hours. B. A City-wide special event permit application is required of any person seeking to engage in the playing of an amplified musical instrument at Lytton Plaza outside of the days and times of day specified in paragraph A above. No unpermitted amplified musical instrument may be played during the period of time for which a person holds a permit to play an amplified musical instrument. C. Paragraph A notwithstanding, a person may file a City-wide special event permit application to play an amplified musical instrument within the time period specified in R1-4. If a City-wide special event permit is issued, the permit holder’s right to play any musical instrument at Lytton Plaza will take precedence over any person claiming the right to play under the first-come, first-served basis condition set forth in paragraph A of this Rule. D. The director will post or caused to be posted to the department’s web site the days and times of days for which reservations to play musical instruments have been secured. E. The preceding paragraphs notwithstanding, the playing of any acoustic musical instrument at Lytton Plaza is permitted during posted park use hour or, if no hours are posted, during the regular park use hours. F. A City-wide special event permit application shall be filed whenever a group of more than twenty-five (25) persons attends the playing of any musical instrument or musical instruments regardless of whether any instrument is amplified or acoustic. G. The noise ordinances set forth in Palo Alto Municipal Code chapters 9.10 and 22.04 shall apply to all persons playing amplified and acoustic musical instruments at Lytton Plaza. R1-11. RACQUET COURT (TENNIS AND PICKLEBALL) USAGE Any person or group using a City racquet court shall do so according to the following rules: A. No person shall operate, drive or ride a bicycle, unicycle, roller skates, roller blades, skateboard or other coasting device on City-owned tennis courts. B. No person shall provide or offer lessons for compensation on City-owned tennis courts except as part of a City-sponsored program, class or camps. C. City-owned racquet courts may be reserved for City programs and tournament play only. D. All players must use the court control board to determine which court they shall 8 play on and their playing position. E. No individual person can occupy a court by him or herself if other persons are waiting to play. F. Unleashed dogs are not permitted within courts. G. No person shall play a sport other than tennis or pickleball on City-owned courts unless expressly allowed via permit issued by the Community Services Department. H. Mitchell Park racquet courts 6 and 7 are dual-use courts with designated pickleball and tennis times. Pickleball has priority from 8:00 AM to 2:30 PM seven days a week. Tennis has priority from 3:00 PM to 10:00 PM seven days a week. If courts are not in use, anyone can use the court but must vacate the space if the priority sport arrives and needs the space. R1-12. ATHLETIC FIELD USE Any person or group using a City athletic field shall do so according to the following rules: A. No activity other than softball (or Little League baseball) is permitted at El Camino Park softball field unless expressly allowed by permit. B. No activity other than baseball is permitted at Baylands Athletic Center Baseball Field unless expressly allowed by permit. C. No activity other than softball is permitted at Baylands Athletic Center Softball Field unless expressly allowed by permit. D. No person shall use an athletic field which is posted (on-site, on-line, or by voice message) as being closed, whether the closure is for excess rainfall or for field maintenance or other reason. E. Field markings applied to athletic fields shall be allowed by permit only and must follow City of Palo Alto Open Space, Parks and Golf Division guidelines. F. Soccer goals must be anchored at all times when located on the playing fields. When goals are not being utilized for play, they must be secured off the playing fields in a manner which will not permit tipping or any hazardous condition that might cause injury to any person. When a field is being utilized for multiple purposes, goals that interfere with the intended use of the field shall be provided by the user groups that require the use of a soccer goal. These goals must be assembled and disassembled before and after each event. The storage of these goals can be coordinated with the Recreation Division. Any goal left on site will be removed and stored until a removal/storage fee of $75.00 is paid. R1-13. PEERS PARK AND JOHNSON PARK VOLLEYBALL USE Any person or group playing volleyball or related game at Peers or Johnson Parks shall do so according to the following rules: A. Drop-in volleyball or related game play is permitted only in the posted area at Johnson Park or on the north end of Peers Park. B. The volleyball area may be reserved for volleyball play, by permit, only on the first Saturday and first Thursday of each month. The director may make additional weekend days available for reservation during the months of June, July and August. 9 R1-14. SKATEBOARD FACILITY The Skateboard Facility, located in John Lucas Greer Park, is for skateboard use only. Use of roller blades, scooters, bicycles, or any other equipment other than skateboards is prohibited. Any person using or playing upon the skateboard facility shall do so according to the following rules: A. Each person skateboarding in the Skateboard Facility must wear a helmet, elbow pads and knee pads. B. Use of roller blades, scooters, bicycles, or any other equipment, other than skateboards is prohibited. C. No more than seven persons shall skate in the bowl at any given time. D. No person shall do a body flip while riding a skateboard. E. No person shall ride a skateboard facing entirely backwards. F. Two or more persons may not ride on the same skateboard. G. No person shall ride a skateboard on their knees. H. No person shall cause a skateboard to shoot out away from their feet or body. I. No persons shall skateboard in tandem within three (3) feet in front or behind another rider. J. No glass containers are allowed in the facility. K. No skateboarding is allowed when the facility is wet or while it is raining. L. Trash receptacles are to be used to dispose of waste or any other unwanted items. No person shall use, remain in or enter the Skateboard Facility outside of regular park hours between 10:30 PM and sunrise (PAMC 22.04.320). No person shall enter or remain in the Skateboard Facility when that facility is posted as being closed, whether such closure is because of excess moisture or hazard or for any other reason. R1-15. GOLF COURSE Any person or group using or playing upon the golf course shall do so according to the following rules: A. No person shall use the golf course, or any portion thereof, without first having obtained a receipt or other written authorization in due form so to do. B. No golf player shall cut in on, or double back over, any portion of the course, or to play upon the course without a receipt duly issued for the round being played. C. No golf player shall refuse to or fail to show such golf receipt or other written authorization to any employee connected with the municipal golf course, when requested to do so. D. No person shall willfully or maliciously injure any turf on the golf course or in any way destroy or injure property thereon or remove property or equipment from the golf course. E. Privately owned power golf carts are not allowed to be used on the municipal golf course. R1-16. SWIMMING No person shall swim, bathe or wade in any water or waterways within any park facility when such activity is prohibited and so posted by the director. No person shall use, remain in or enter the Rinconada Pool facility between the hours listed as follows: January 1 through June 15 9:00 PM – 6:00 AM. June 16 through December 31 10:00 10 PM – 6:00 AM. Rules for the safe use of the Rinconada Swimming complex: A. Children 7 years of age and younger must be directly supervised by a chaperone 16 years of age or older. Chaperones must wear a swimsuit, accompany the child in the water and be within arm’s length at all times. Children may not be left unattended in the facility at any time. B. All swimmers must wear swimsuits. Clothing including undergarments is not permitted. Clean overshirts are permitted for modesty or sun protection as long as they are worn over swimsuits. Infants and toddlers who are not yet toilet trained must wear swim diapers. C. Flotation devices including water wings, padded swimsuits and inner tubes are not permitted except US Coast Guard approved lifejackets. D. Flippers, snorkel masks, and hard balls are not permitted. E. All persons entering the facility must pay, including those not intending to swim, except children 2 years of age and younger. F. Patrons must pay again to re-enter the facility after leaving. G. Walk at all times on the pool deck. H. Bicycles, rollerblades, scooters, and skateboards are not permitted on the pool deck. I. Dogs, cats and other animals are not permitted on the pool deck (does not apply to service animals as defined by state and federal law). J. Fighting, roughhousing, chicken fighting, screaming, profane language, and pretending to drown is not permitted in the facility. K. Patrons are not permitted to sit on guard chairs, lane lines, starting blocks or railings. L. Barbecues, alcohol and glass/breakable containers are not permitted in the facility. M. Food and drinks must be consumed at picnic tables, on grass and farther than 10 feet from poolside. N. Heed instructions from Lifeguards and overhead announcements at all times. O. Aquatics staff reserves the right to ask anyone who violates these rules to leave the facility. P. To maintain a safe environment, pool rules are subject to change at any time. Lap Pool: A. Swimmers must be able to swim competently for at least one lap to enter the deep end and/or use the diving boards. Lifeguards have sole discretion. Please ask for a swim test. B. Lap swimmers using lap lanes during recreation swim may use flippers, kickboards and snorkels as needed. Flippers, kickboards and snorkels are not permitted outside of the lap swim lanes. Non-lap swimmers are not permitted to swim across lap lanes. Diving boards: A. One person on the board and ladder at a time. B. Wait to dive until area is clear. C. Walk or perform a proper diving approach. Do not run on the diving board. D. Bounce only once and jump/dive off the end of the board facing forward. 11 E. Divers may not jump to anyone in the pool and must swim to the wall unassisted. After diving, swim out toward the closest ladder. Do not swim under, between or in front of the diving boards. Wading Pool: A. Swimmers must be able to reach the foot pedals to use the “Aquaducks.” Pedaling with hands is not permitted. B. Swimmers may not sit on or otherwise block the water pressure of the fountains. Slide: A. Swimmers must be no taller than the slide to use it. B. One person is permitted on the slide and ladder at a time. Form line on the ground. C. Do not stand, jump or push other swimmers off the top of the slide. D. Swimmers must go down slide sitting, feet first. R1-17. BOAT USE The dock at Foothills Park and the sailing platform at the Baylands Nature Preserve is intended for the hand launching of canoes, kayaks, small inflatable boats and boats less than sixteen feet in length. The launching of any larger vessel is prohibited. While hand carts may be used to carry boats from the parking lot to the dock or sailing platform, hand carts or other personal equipment may not be used on the docks or left unattended in the immediate vicinity of the dock or sailing platform. Items left unattended will be impounded by a park ranger or police officer. A. Sail boards, sail craft and motorized boats are prohibited on Boronda Lake in Foothills Park. 12 R1-18. BICYCLES, SKATEBOARDS AND ROLLER SKATES A. Bicycles and coasting devices are permitted or prohibited as follows: Conventional bicycle (non-motorized or electric) Class 1, 2, and 3 electric bicycle Non-electric coasting devices (incl. skateboards, roller skates/ blades, scooters) Electric powered coasting devices Open Space Preserves (Baylands, Esther Clark, Foothills, Pearson-Arastradero) Permitted in designated areas within Pearson-Arastradero Preserve, Esther Clark Park, and Baylands Nature Preserve; prohibited elsewhere. Permitted on paved trails; prohibited elsewhere (including unpaved trails) Permitted on paved, multi-use bike paths; prohibited elsewhere. Permitted on paved roads and trails at Baylands Nature Preserve; prohibited elsewhere. Parks Permitted on paved and unpaved trails; prohibited elsewhere (including courts, playgrounds, landscaped areas). Permitted on paved and unpaved trails; prohibited elsewhere (including courts, playgrounds, landscaped areas). Permitted on paved and unpaved trails; prohibited elsewhere (including courts, playgrounds, landscaped areas). Permitted on paved and unpaved trails; prohibited elsewhere (including courts, playgrounds, landscaped areas). Definitions: “Electric powered coasting devices” means skateboards, scooters, one-wheels, hoverboards, Segways, and other similar devices that are powered or power-assisted by an electric motor. This does not include electric wheelchairs. “Conventional coasting devices” means skateboards, scooters, and other similar devices that are not powered or power-assisted by an electric motor. This does not include wheelchairs. “Electric bicycle” means any of three classes of electric bicycles, as defined by the California Vehicle Code: • A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. • A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. • A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer. "Trail” means any established public way within city open space nature preserves and parks which appear on current city maps, city open space nature preserve maps, planning documents, trail guides and/or those trails marked with city directional signs. Trails include, but are not limited to fire roads, service roads, paths, pathways and levees. “Paved” means any designated road or trail composed of asphalt or concrete, as designated on current city open space preserve maps. “Unpaved” means designated road or trail composed of base rock, gravel, decomposed granite, or dirt, as designated on current city open space preserve maps. Note: Palo Alto open space trail maps illustrate paved and unpaved trails. Examples: Arastradero Creek Trail and Wildhorse Road (Foothills Nature Preserve) are considered unpaved. A. Bicycles are prohibited on unpaved trails of Foothills Park. Skateboards, roller skates or blades, scooters, and other coasting devices are prohibited in Foothills 13 Park. B. Bicycles are prohibited on unpaved trails of Open Space parks and preserves, unless designated for bike access within the Pearson-Arastradero and Baylands Preserves. Skateboards, roller skates or blades, or other coasting devices are prohibited in Open Space parks and preserves, except on paved, multi-use bike paths. C. Helmets: No person shall operate a bicycle or similar device on Parks or Open Space preserves without wearing an A.N.S.I. or Snell-approved bicycle helmet for head protection. No parent or guardian shall allow any child under the age of 18 to ride a bicycle without a helmet. D. Unsafe operation: No person shall operate a bicycle in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. No person shall ride in or upon a portion of a bicycle not intended for passengers. No person shall operate a bicycle while wearing earphones that interfere with hearing ambient noise. E. No person shall leave a bicycle, scooter or skateboard in any place or position where other persons may trip over or be injured by it. R1-19. HUMAN FLIGHT No person shall hang-glide, parachute, parasail or engage in any human flight on, over, or into park or Open Space, except by written permit in designated areas. R1-20. TRAIL USE SPEED LIMITS The maximum speed for all trail uses is 15 miles per hour, unless a lesser maximum speed is posted, and no person shall exceed the maximum speed on any trail; however, no person shall operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. R1-20A. USE OF DESIGNATED TRAILS, PATHS AND RECREATIONAL LAWN AREAS IN OPEN SPACE LANDS No person other than authorized City staff or other persons specifically authorized by City staff shall walk, run or tread in any Open Space lands except on designated trails, paths, recreational lawn areas or roads, unless expressly permitted to do so pursuant to park regulations or a special use permit. “Designated trails” is defined as those trails which appear on current City of Palo Alto park maps, planning documents, trail guides and/or those trails marked with City directional signs. R1-21. COMMERCIAL ACTIVITIES AND SOLICITATION Commercial activities are prohibited in Parks and Open Space lands unless they are associated with and supportive of City programs or City-sponsored activities for which a permit has been issued by the Director. Persons soliciting for donations or engaging in commercial activities approved by the Director shall comply with all applicable laws, including those requirements for permits issued under Title 4 of the Palo Alto Municipal Code as applicable. R1-21A. COMMERCIAL PHOTOGRAPHY AND FILMING No person shall photograph or film for commercial purposes in City Parks or Open Space 14 except pursuant to a permit authorizing such activity or except for those activities associated with and supportive of City programs or City-sponsored events. For the purpose of this section, “photograph or film for commercial purposes” means the recording, on any medium, of still or motion images that involves the use of professional models or commercial articles filmed or photographed for the purpose of commercial advertising, or the use professional casts, settings, or crews in any motion picture, television, or similar production. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news, or for small photo or film events, consisting of a single photographer or videographer with a total group size of no more than 24 persons (permit is required for exclusive use of any area of park land), as long as all other rules and regulations are followed. A. Applications shall be submitted not less than ten (10) working days before the proposed use. B. No sound amplification equipment, which will disturb the peace, may be used in connection with any photo shoot, except when used by City employees or safety officers for purposes of crowd control. C. No permit shall be granted for any event between the hours of 8:00 PM and 9:00 AM without the prior approval of the Director. D. No permit shall be granted when the closure would result in hampering prompt access to an area or location by emergency vehicles. E. Wherever appropriate, the City will require the applicant to provide and erect barricades according to City specifications for public safety. The person or persons making the application shall be responsible for placing and dismantling all barricades. All barricades shall be removed within one-half (1/2) hour of the ending time of the event. Barricades shall also be immediately removed upon request of any authorized officer or employee of the City. In some situations, the Permittee may be required by the City to provide traffic control and a qualified flag person if City streets or parking lots are involved. R1-22. RESTROOMS Male persons shall not enter any restroom or washroom set apart for females, and female persons shall not enter any restroom or washroom set apart for males; except, this shall not apply to persons with special needs or their accompanying attendants or children under the age of six years old who are accompanied by a person who is of the sex designated for that facility and who has reason to be responsible for such person. R1-23. UNAUTHORIZED USE OF KEYS OR LOCKS No person other than one acting under the direction of the Director shall duplicate or cause to be duplicated a key used by the department for a padlock or door lock of any type or description, nor shall any person divulge the combination of any lock so equipped to any unauthorized person. No person, other than the one acting under the direction of the director, shall use a key to access any Park and/or Open Space facilities. The director may issue keys to user groups. Said user groups must use the keys for permitted activity only and return issued keys to the City upon completion of the activity. No person shall place a lock upon any gate or fence in any Park or Open Space area without prior permission from the Director. 15 R1-24. WATER POLLUTION While within the boundaries of any park facility, no person shall throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water or in any tributary, stream or drain flowing into such waters any substance, matter or thing, liquid or solid, including but without limitation to, particles or objects made of paper, metal, glass, garbage, rubbish, rubber, fuel, plant material, food matter, fiber and plastics. R1-25. HARMFUL SUBSTANCES No person shall possess, place, or apply any substance harmful to any person, property, wildlife, or vegetation on Park or Open Space lands. R1-26. LITTERING No person within any City Park, Open Space lands, and City operated community garden shall leave any garbage, trash, cans, bottles, papers or other refuse elsewhere than in the receptacles provided therefor. Disposing of garbage, trash, cans, bottles, papers or other refuse not generated within City Park or Open Space lands is prohibited. PAMC 22.04.230. R1-27. DISPOSAL OF EFFLUENT No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or other fixtures upon or into the ground or water. R1-28. SMOKING No person shall smoke any substance in any public places or any area that is within twenty feet of bleachers, backstops, or play structures or any area designated as a playground, nature trail or nature area or in or on any park facility where smoking is posted as being prohibited. Pursuant to Palo Alto Municipal Ordinance 9.14.010 (i), public places are defined as: "Public places" means enclosed areas within publicly and privately-owned buildings, structures, facilities, or complexes that are open to, used by, or accessible to the general public. Public places include, but are not limited to, stores, banks, eating establishments, bars, hotels, motels, depots and transit terminals, theaters and auditoriums, enclosed sports arenas, convention centers, museums, galleries, polling places, hospitals and other health care facilities of any kind (including clinics, dental, chiropractic, or physical therapy facilities), automotive service centers, general business offices, nonprofit entity offices and libraries. Public places further include, but are not limited to, hallways, restrooms, stairways, escalators, elevators, lobbies, reception areas, waiting rooms, indoor service lines, checkout stations, counters and other pay stations, classrooms, meeting or conference rooms, lecture rooms, buses, or other enclosed places that are open to, used by, or accessible to the general public. R1-29. FIREWORKS No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of Park or Open Space lands any firecrackers, missiles, rockets, fireworks, or explosives. R1-30. ANIMALS No person other than public or peace officers, rangers, city naturalists, animal control officers in the discharge of their duties shall: 16 A. Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal within the boundaries of any park facility, nor remove nor have in his possession the young, eggs or nest of any such creature; B. Abandon any animal, dead or alive, within any park facility; C. Remove any animal not his own from within any park facility; exception is made to the foregoing in that proper season, fish may by fished and removed from areas designated for fishing by licensed persons, in accordance with the California Fish and Game Code and other related laws, and boarded horses may be removed from a park facility, upon proper notification to the department; D. Bring into or maintain in or upon any park facility any dog, cat or other animal unless such animal at all times is kept on a leash (extended no further than six (6) feet while in Open Space lands) and under full control of its owner or custodian; provided, however, the Director may designate areas and times within which persons may exercise, show, demonstrate or train unleashed animals under full control or their owners or custodians. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on Parks or Open Space land. PAMC 22.04.155 E. Permit cattle, sheep, goats, pigs, or other animals owned by him/her or in his/her possession to graze within the boundaries of any park facility without express approval of the director; F. No person shall keep or raise cattle, horses, sheep, or other livestock on Park or Open Space land, unless pursuant to a lease, license, or other entitlement of use granted by the City of Palo Alto. G. Ride or lead a horse, pony, mule, burro or other animal onto or over any park facility, other than at times and upon roads or trails designated for riding of animals; except with approval of the Director. H. No person owning or having custody or control of any dog shall permit such dog to defecate on any public street, sidewalk, park or parkway without immediately removing the resulting excrement at the time of occurrence. The excrement so removed shall not be disposed of on any property listed in this chapter except in public refuse receptacles. Persons using service animals are exempt from this section. I. No person owning or harboring any dog or other animal shall allow or permit such dog or animal to swim, bathe or wade in any water or waterways within any park facility when such activity is prohibited and so posted by the Director. R1-31. NUISANCE DOGS No person shall allow or have on Park or Open Space land a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, bearing of teeth, or challenging in any manner, people, animals, or property. PAMC 6.20.040 Care should be taken with leashed pets in playgrounds to ensure that their presence does not impact children’s use and they should be removed upon request from other playground users. 17 R1-32. DOG EXERCISE AREA A. Dogs may be allowed off leash only within the designated dog exercise areas in Hoover Park, Greer Park, Mitchell Park, and Peers Park. B. Dogs must be licensed, vaccinated, and wearing a collar with ID and license tag. C. Dogs must be leashed until safely inside the dog park and returned to a leash prior to exiting. D. Dog owners must remain in the fenced area and monitor and manage their dogs at all times. E. Dogs behaving aggressively must be removed from the dog park immediately. F. Dog waste must be picked up. G. Children accompanying dog owners must be closely supervised. H. No more than three dogs per person. I. No food or alcohol. J. The small dog section is for dogs 25lb and less. The mixed size dog section is for both large and small dogs. (Applicable at dog parks with this option.) K. Dog Park Hours are 7:00 AM to 9:00 PM. L. The City of Palo Alto assumes no liability for the users of this area. Use these facilities at your own risk. R1-33. UNAUTHORIZED CONSTRUCTION ACTIVITIES No person shall deposit any earth, sand, rock, stone or other substance within any park facility, nor shall he/she dig or remove any such material from within any park facility, nor shall he/she erect or attempt to erect any building, wharf or structure of any kind by driving or setting up posts or piles, nor in any manner appropriate or encumber any portion of the real property owned by, operated, controlled or managed by the department without a permit from the director. R1-34. USE OF UTILITIES A. Electrical, phone, data communication, and cable receptacles in Parks and Open Space may only be used or accessed for private use within the terms of a special use permit granted by the Community Services Department. B. Gas fixtures, water faucet spigots and irrigation water outlets that require a key or opening device in Parks and Open Space may only be used or accessed for private use within the terms of a special use permit granted by the Community Services Department. C. Sanitary sewers or storm drains in Parks or Open Space areas may not be used for the clean-out of personal septic systems under any circumstances. R1-35. GATHERING WOOD IN OPEN SPACE AREAS Gathering wood from or possessing wood that has been gathered from Open Space areas is not permitted. R1-36. PARKING RESTRICTIONS No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions of a peace officer, ranger, or City employee, in any of the following places: A. In areas where prohibited by "NO PARKING" or “FIRE LANE - DO NOT BLOCK” signs. 18 B. On any fire trail. C. On any equestrian or hiking trail. D. In such a place or manner as would block or obstruct any gate, entrance, or exit. E. In such a place or manner as to take up more than one marked parking space in any authorized parking area. F. In such a place or manner as to block or obstruct the free flow of traffic. G. Within 15 feet of a fire hydrant. H. Adjacent to any curb painted red. I. In any Park or Open Space land after sunset except pursuant to a written permit. J. In areas signed for permit parking on Park or Open Space land without a written permit. K. In any other place on Park or Open Space land not designated by the City as an authorized area. The gravel parking lot at the Towle Campground at Foothills Park may only be used for parking by persons with camping reservations. There is a limit of 2 vehicles for the eight person campsites and 4 vehicles for sixteen-person campsites. The parking area is restricted to passenger vehicles and small trucks. Recreational vehicles, trailers or other self-contained vehicles (regardless of size, weight or number of axles) are not allowed in the Towle Campground parking lot or beyond the gate at the edge of Orchard Glen Picnic Area. Recreation vehicles or other self-contained vehicles may not be parked in Foothills Park over-night. Non-camping guests should park in the available day-use parking lots. R1-37. OPERATION OF MOTOR VEHICLES No person shall operate, propel, or leave standing any motor vehicle on Park or Open Space land, except: A. Emergency vehicles operated within the scope of official use. B. Upon roads, trails, or paths, which may from time to time be set aside and posted by the City for the use of specifically designated vehicles. C. Upon roads and parking areas open to the public during regular open hours. D. Motor vehicle includes, but is not limited to, any vehicle as defined by section 415 and/or 670 of the California Vehicle Code, motorcycles, off-road vehicles, "dirt bikes", and similar vehicles. This section shall apply to all motorized bicycles, carts, scooters, hoverboards, skateboards, and electric personal assistive mobility devices (Segway or similar device) except those devices used by disabled persons. R1-37A. VEHICLE WEIGHT LIMIT ON BAYLANDS ROADS AND PARKING LOTS No person shall operate or park any vehicle in excess of 6,000 pounds weight on any roads or within any parking lot of the City-owned Baylands or John Fletcher Byxbee Recreational Areas. R1-38. VIOLATION – PENALTY A. The Director shall have authority to revoke a permit upon a finding of violation by the permittee or persons acting under the permit of any regulation contained in this chapter or upon a finding of violation of other City ordinance or law of this state in the exercise of the permit. B. The Director or designee shall have the authority to eject from any park facility 19 any person acting in violation of regulations contained in this chapter. R1-39. PLAYGROUNDS No person shall use personal exercise equipment, including dumbbells and exercise straps, at any playground if it inhibits children from using the playground, or if the exercise equipment negatively impacts the playground surfacing or equipment. R1-40. COMMUNITY GARDENS The City of Palo Alto provides, subject to availability and a license agreement, space for Palo Alto residents to enjoy organic gardening. All persons visiting the Community Gardens must comply with the following rules: A. No dogs are allowed within the fenced area of any garden location except service dogs. PAMC 6.16.100 B. No smoking inside the Community Garden area or on pathways around the garden. PAMC 9.14.050 C. Garden visitors must stay on designated paths, and refrain from picking any produce or flowers subject to PAMC 22.04.270. D. Wood chips at the garden are supplied only for the plot renters at the Community Garden for use within the Community Garden and shall not be removed by unauthorized persons. E. Compost bins are for Community Gardeners use only subject to PAMC 5.20.030. The Director may promulgate guidelines for the registration and use of the community gardens that do not conflict with these rules. APPROVED: City Manager Date: Director, Community Services Adopted by City Council June 24, 2002; Revised June 28, 2004; Revised January 24, 2005. Revised February 3, 2006. Revised April 14, 2008. Revised March 14, 2011. Revised November 19, 2012 Revised May 20, 2013, Revised March 5, 2018, Revised February 2, 2021. Revised June 2022. Dear Mayor and Council Members: On behalf of City Manager Ed Shikada, please find below the staff responses to questions from Councilmembers Lythcott-Haims, Tanaka, and Veenker regarding the Monday, January 23 Council Meeting consent agenda items 4, 7, and 11. Item 4: Approval of a General Services Agreement Contract Number C23185605 with Linko Technology, Inc. for the Amount of $219,447 Over a Seven-Year Term for Pretreatment Program Software 1. How was it determined that LinkoCTS was the best fit for their needs? What factors were considered? Staff response: As described in the staff report, the City issued a Request for Proposals (RFP) in 2019 to select a new software tool for meeting the regulatory requirements for the Pretreatment Program. The RFP resulted in two responsive bidders, LinkoCTS and enfoTech & Consulting Inc. Following interviews and software demonstrations, staff confirmed that LinkoCTS was the better fit as it provided the following attributes: 1) Is cost effective (Linko was the lowest bidder) 2) Is relatively easy to use 3) Has a reliable support system for troubleshooting and software maintenance 4) Could be used remotely while in the field 5) Could organize 1000s of data points annually and store historical data for years 6) Could generate chain of custody forms and inspection reports 7) Could streamline reporting requirements Item 7: Parks and Recreation Commission Recommendation to Adopt an Ordinance Amending PAMC Section 22.04.220 to Regulate Electric Bicycles and Electric Coasting Devices in Parks and Open Spaces 1. How will staff implement this in order to avoid confusion for users? Staff response: To help open space and park visitors understand the new e-bike and electric conveyances rules, staff will conduct targeted communication through the following: • Install new signs in open space and parks areas • Provide the information on the webpage • Send updates on social media • Park Rangers will explain the rules to people they contact on the trails • We will ask our parks and open space partners (Grassroots Ecology, Environmental Volunteers, the Friends of Foothills, etc.) to help spread the word to program participants and park visitors 2. How should council reconcile the perspectives offered from PRC and PABAC? Staff response: On November 1, 2022, PABAC passed a motion stating that they do not support the draft E-bike guidelines. PABAC also formed an Ad Hoc Committee to continue to work on the issue of e-bikes in open space and parks. On November 22, the PRC E-bike Ad Hoc Committee met with the PABAC Ad Hoc Committee and discussed the issues. They agreed on everything in the proposed e-bike policy, except allowing e-bikes on unpaved trails at the Baylands Nature Preserve. Both Ad Hoc Committees agreed to continue to meet going forward to continue discussing e-bikes. The PRC and staff recognize e-bike and other electric conveyance usage is evolving. We will continue to monitor impacts, learn from the experiences of neighboring agencies, continue discussions with PABAC, and incorporate appropriate elements of the Bicycle Pedestrian Transportation Plan Update (once it is completed). Item 11: Adopt a Resolution Establishing the Council Annual Calendar of Meetings, Breaks, and Council Events for Calendar Year 2023 1. On Attachment A (2023 City Council and Committee Calendar), January 30, 2023 is italicized in the Council column, but I don't see a legend that indicates the meaning for that. Does it indicate that it is not one of the default first three Mondays, but is a planned meeting date because of MLK day? Staff response: The legend is at the bottom of the table and notes that the italicized dates are alternative meeting dates. Here is the screenshot: The January 30th date should be listed as a Council meeting date instead of in italics as an alternate date due to the Council asking to have a meeting on this date to consider further discussion on the Council Procedures and Protocols (this would allow for extended conversation on this item). 2. I note that the last Monday is also italicized for March, but it says Alt on the calendar in Attachment B (it does not say Alt for January). Are you proposing that we meet on the last Mondays of January and February due to holidays, but the last Mondays of March and May are back ups? If so, can we indicate that on Attachment A? And why is the last Monday of April omitted? Staff response: The Council calendar typically includes meetings on the first 3 Mondays of the month which is why March and May show the 4th Mondays as Alternative meeting dates. January and February both have holidays that land on one of the regularly scheduled Council meetings, therefore, staff assumed the Council would recommend using the 4th Monday as a replacement meeting date. This difference in assumption due to holiday conflicts is why the January and February dates were not listed as “alternative” dates but regular meetings. The 4th Mondays in March, April, and May can be listed as Alternative meeting dates. 3. February P&S meeting is at 7 pm on Valentine's Day. Can committee members agree to move it so long as sufficient public notice is given? Staff response: Yes, if it is of the Committee's interest, this regular P&S meeting can be rescheduled to another date that works for the Committee members and staff. The Clerk's Office would poll the Committee to land on a date and would post a cancellation notice for the listed Feb. 14th meeting date. From:Art Liberman To:Council, City Cc:Goldstein, Paul; Ellson, Penny; Courington, Bill; Arthur, Bruce; Nordman, Eric; Arce, Ozzy; Star-Lack, Sylvia Subject:Remove PRC"s proposedE-bike restriction regulation from Consent Calendar Date:Monday, January 23, 2023 7:56:38 AM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. Mayor, Vice-Maor and Council members: I request that you remove item 7, the PRC recommended regulation for E-Bikes from the Consent Calendar and have an open discussion on this item. Let me give you five reasons. First – this policy would be negatively impact one group of cyclists, namely seniors. I am speaking as someone who is 82 years old and who is an avid cyclist. I am a member of PABAC and I ride regularly with a group of senior cyclists, many of whom have e-bikes. One member of our senior cycling group is 94 years old, a Korean War veteran. There is one specific part of the PRC recommendation that I object to. This would prohibit persons from riding e-bikes on the unpaved trails in the Baylands. This would prevent many seniors from accessing this marvelous area and enjoying themagnificent vistas. Second -- The PRC recommendation treats all the Open Space Preserves the same way. But the Baylands are different from the other Palo Alto Open Space preserves. The Baylands are flat and the Baylands unpaved trails are really wide gravel roadways. Bicycles have been allowed on the unpaved trails in the Baylands for many years. Third , the Parks and Recreation Commission has not done an adequate amount of community outreach. The PRC rushed their proposal. They held one discussion meeting in October of last year, and then held a meeting in December to vote on the proposal. They presented their proposal to PABAC in November of 2022. At the meeting , PABAC did not endorse the PRC recommendation, Instead, a motion was passed requesting that the PRC delay their proposal until we have a new Pedestrianand Bicycle Plan. I am a member of PABAC's e-bike subcommittee, whose members are continuing to hold a dialogue with PRC, specifically with regard to the PRC proposal to ban e-bikes in the Baylands unpaved trails. Fourth the PRC says their proposal is based on the policies of the Mid-Pen District.However, the Mid Pen District allows E-bikes on unpaved trails in their Ravenswood Preserve . This Preserve borders the Bay and the Preserve and the unpaved trail there are very similar to the Baylands. At the Mid Pen Directors meeting in June, when they voted to not expand their pilot program of e-bikes access to other unpaved trails, there was no mention of any environmental damage caused by e-bike riders. At that meeting Palo Alto Open Space Director Yoriko Kishimoto, commenting on a consultant study of the pilot program, said ‘there was not much difference in the results of the pilot program between e-bikes and regular bikes. The big decision was to allow bikes on trails.’ As you know, bicycles have been allowed on the unpaved trails in theBaylands for many years. Fifth, the PRC regulations for the Baylands would be difficult or impossible to enforce. Almost every day, new types of e-bikes are announced by manufacturers. One new e-bike has a battery and motor in the hub in the rear wheel and it is virtuallyindistinguishable from a manually operated bike. My feeling is that the regulation might not be consistently enforceable even if Palo Alto had a force of trained rangers, and there won’t be any of them anyway. The PRC recommendation mentions signs. I would hope the Council would ask the PRC to reconsider their draft Open Space e-bike policy. The Baylands is like Ravenswood Open Space Preserve. Prohibiting E- bike access on unpaved trails in the Baylands would mean that Palo Alto’s regulations would NOT be consistent with those of the Mid-Penn Open Space District. And since it would not be enforceable, I could envisage the regulation wouldbe ignored. Thank you for your consideration. Arthur Liberman Chimalus Drive, Palo Alto From:Deborah Goldeen To:Council, City Subject:E-bikes In Open Space Preserves Date:Saturday, January 21, 2023 3:56:55 PM CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ I own two E-bikes. I put 7,000 miles a year on them. Unless it is a necessary commute route, I think E-bikes should be banned from recreational trails. There is an addictive quality to riding an E-bike, which is great if it gets someone to use a bike instead of a car. But the human mind is inclined to an addiciton as a need and a right. It is not. The “I’m older and I can’t ride a bike like I used to argument” is one you are going to hear. I spent two hours out at Fremont Older (MidPen) parking lot and surveyed bike use. Nine out of ten E-bike riders were young males. Deb Goldeen, 2130 Birch, 94306, (650)799-3652 From:Michael McHenry To:Council, City Subject:Item 7 on restricting e-bikes Date:Friday, January 20, 2023 4:31:36 PM Some people who received this message don't often get email from mrmchenry2@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. I object to restricting e-bikes to paved trails in Palo Alto. I am 80 years old and have enjoyedriding with a group of seniors from the Sons in Retirement (SIR) group. Several of us are riding e-bikes due to health issues.Michael McHenry From:Peter Mueller To:Council, City Subject:E bike tunes Date:Thursday, January 19, 2023 5:58:26 PM [Some people who received this message don't often get email from pklausm@mac.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. ________________________________ Dear city council Please do NOT pass a blanket rule re use of e-bikes on city bike trails. Please refer the issue to the cities biking committee to draft recommendations. There are basically 3 classes of e-bikes. Those w 250 watt pedal assist types should definitely be allowed. They are basically no more risky than the large variety of other bikes which some riders drive at high speeds. I hope you will table this matter until it has been thoroughly reviewed and received inputs from our community. Thanks much Peter K Mueller 3801 Magnolia Drive Palo Alto CA 94306