October 21, 2005

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Palo Alto Online

Time to open up Foothills Park?

by Bill D'Agostino

Palo Alto's controversial policy banning nonresidents from Foothills Park will be in front of the City Council Monday night, as three council members seek a review of the decades-old rule.

Currently, the 1,400-acre nature preserve located off Page Mill Road-- with its stunning vistas, picturesque lake and vast flora and wildlife -- is off-limits to nonresidents, unless they are accompanied by a Palo Altan or hike through it on a recently approved trail. The hot-button issue is expected to draw longtime residents who feel the park should be exclusive to Palo Altans as well as parks advocates who feel the ban is elitist and racist.

In a memo distributed Thursday, three council members -- LaDoris Cordell, Judy Kleinberg and Dena Mossar -- requested approval to have the Parks and Recreation Commission study opening the entire park to nonresidents.

"In this era, private facilities owned by public entities are virtually unheard of," Mossar said in an interview. In the memo, the three elected officials wrote they "acknowledge the sensitivity of this issue and encourage broad community input before the Commission."

The issue was briefly discussed during this Monday's joint meeting with the commission, prompting the request.

Commissioner Judith Steiner told the council the ban "smacks of racism" and adds to Palo Alto's image of being "elitist."

The policy dates back to the park's purchase, from Dr. Russel Lee, in 1959. Palo Alto asked other cities to help pay for the park, but after they refused the ban was imposed.

Even though the original intent of the rule was to keep out residents in nearby wealthy communities like Los Altos Hills, Steiner told the council Monday night the perception is now that Palo Alto is excluding those from the much less wealthy and more diverse city of East Palo Alto.

"The perception sometimes is as important as the reality," Cordell said in agreement on Monday night.

City Attorney Gary Baum said he researched the 1959 election where Palo Alto voters authorized the sale and concluded residents did not vote on the ban in exchange for agreeing to the purchase. The council later approved the ban so today's council has full authority to lift the related city ordinance, Baum noted.

"It wasn't made part of the original vote of the people so it doesn't need to be changed by a vote of the people," he said.

Neighborhood activist Bob Moss, who has spoken against lifting the ban in the past, predicted the council would not approve the change.

"There are two chances of opening Foothills Park to the general community -- slim and none," Moss said. "We bought it; we paid for it. The other cities were invited to pay for it; they said, 'Screw you baby.'"

In addition to the argument that Palo Alto paid for it alone, some who favor keeping it closed to nonresidents worry that adding more visitors would compromise the park's fragile environment.

The three council members asking for the new review said they want the commission to study both limiting the number of visitors and charging new fees to help pay for the parks' protection and study limiting the number of nonresident visitors.

"It's important that we understand the impacts of increasing the usage and it's important that we not create a greater maintenance burden and a greater security burden," Mossar said. "We have to come out of this whole."

Already, there is a limit of 1,000 visitors a day at the park. It attracts 130,000 to 150,000 visitors a year, although the numbers have declined slightly in recent years.

In the past, the issue was a sacred cow for many longtime residents and a third rail for local politicos. It's widely believed to have killed the political career of the last council member - Ron Andersen -- to raise the issue during a council meeting. (He has since moved out of Palo Alto and did not return a request, via e-mail, seeking comment by the Weekly's deadline.)

The three councilwomen floating the idea this year presumably feel the political winds have shifted since 1991, when Andersen last brought it up to the council. There is some evidence supporting that argument.

Earlier this year, the council opened up one hiking path through the park to nonresidents, in exchange for $2 million in grants to purchase a nearby 13-acre parcel of open space. At the meeting the agreement was signed, few opposed allowing nonresidents to hike through the park.

Foothills Park is not entirely off-limits to nonresidents. In addition to the new path, up to 15 guests can be escorted inside by a resident. Palo Alto city employees -- both current and retired -- are also allowed in the park.

At least three of the nine council members are on record opposing opening up the park to nonresidents: Vic Ojakian, Jack Morton and Yoriko Kishimoto. The latter two are the only incumbents in this fall's council race.

Five of the 10 candidates in the race told the Weekly earlier they oppose lifting the ban: Morton, Kishimoto, John Barton, Victor Frost and Larry Klein.

Four said they were in favor of changing the policy -- Karen Holman, Peter Drekmeier, Norman Carroll and Harold "Skip" Justman -- although all four had caveats. Holman said there should be restrictions on the number of people allowed into the park; Drekmeier said nonresidents should pay an entry fee to help defray costs; Carroll said only certain areas should be unrestricted; and Justman said the city should lease the park to a nonprofit to pay for the added expense.

Candidate Danielle Martell did not answer the question. Should Foothills Park be opened to non-Palo Alto residents? Vote on the Weekly's Web site: www.PaloAltoOnline.com.

Staff Writer Bill D'Agostino can be e-mailed at bdagostino@paweekly.com.

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