September 17, 2026
Email: PublicComment@LosAltosCA.gov, smeadows@losaltosca.gov, llang@losaltosca.gov, pdailey@losaltosca.gov, jweinberg@losaltosca.gov
Subject: Public Comment - For items not on the Agenda 9/22/2026
Dear Los Altos Mayor Meadows, Vice Mayor Lang and Honorable Councilmembers,
The Sierra Club Loma Prieta Chapter encourages Los Altos to reject aggressive, profit-driven sales pitches that prioritize private equity gains over public health and the environment. Pour in place rubber (PIP) is not the simple, foolproof solution it’s often claimed to be.
Sales representatives are paid to be convivial and appear knowledgeable
When it comes to sales and increasing company valuations, private equity owned playground and recreation firms, such as PlayPower, backed by the private equity firm Platinum Equity[1], or Playcore, backed by Court Square Partners and Leonard Green & Partners[2] excel at pulling dollars from customers. This is their primary reason for existing[3]. (Note: GameTime is a division of PlayCore[2.1].)
[1. https://www.platinumequity.com/news/platinum-equity-completes-playpower-acquisition/]
[2. https://www.courtsquare.com/media/court-square-backed-playcore-announces-continuation-fund-led-by-sage-equity-investors/]
[2.1 https://www.playcore.com/our-brands/gametime]
[3. https://www.investopedia.com/terms/p/privateequity.asp]
They do this, in part, by utilizing well known sales techniques deployed in a manner similar to those used by pharmaceutical representatives. Specifically there is “Value-based Consultative Selling.”[4] While a pharmaceutical representative might sell health outcomes, a private equity backed playground representative might sell child development, physical safety or inclusive play. While a pharmaceutical representative might use clinical trial data to support claims that a drug works, a playground representative might provide research and injury statistics to support claims that a playground layout promotes learning while minimizing risk.
[4. https://mixology-digital.com/glossary/value-based-selling]
There is a hitch in both instances, which ought not surprise those familiar with marketing or sales: Sales representatives are paid to sell, which is likely to motivate self-interest. Without a sale, sales representatives lose income. They are therefore incentivized to cherry pick research, statistics and data. They are likely to highlight their products’ strengths while ignoring weaknesses and, of course, the reverse is true when discussing competitors’ products.[5]
[5. https://hbr.org/podcast/2025/03/when-sales-incentives-backfire]
Why is this important?
This is important because every customer, especially customers purchasing with taxpayer money for the public good, should seek the best product for their money rather than, for example, a training certificate[6] or attendance at a conference[7] arranged by the company selling products to a public entity.
[6. https://www.playcore.com/education]
[7. https://education.playcore.com/cprs, scroll down to see “Free of charge!”]
Real Scientific Research Occurs Independent of Sales
Frustratingly, knowledgeable citizens seeking the best research that is independent of commercial interest, for example published in top peer-reviewed journals, written by scientists after years of study or experimentation. However, those same citizens may be told by city staff that an industry consultant hired by staff has a better idea.
If you were seeking information on synthetic rubber (a fossil fuel product similar to plastic grass), chemicals or microplastics, who would you trust: Harvard University[8] or a for profit company representative? Should you trust Northeastern University in Boston[9], or perhaps the University of Massachusetts Lowell – Toxics Use Reduction Institute[10], or a profit-driven firm that sells designs and equipment for playgrounds? What about MIT[11] vs a salesperson?
[8. https://hsph.harvard.edu/department/environmental-health/research/microplastics/]
[9. https://news.northeastern.edu/2026/01/09/crumb-rubber-health-risks/ - This year, 2026]
Recall that California’s OEHHA study, often said to clear crumb rubber, specifically didn’t look at many chemicals. Scroll to section 7.3. Study Boundaries and Limitations:
https://oehha.ca.gov/sites/default/files/media/2026-03/oehhaturffinal.pdf
[10. https://www.turi.org/publications/playground-surfacing-choosing-safer-materials-for-childrens-health-and-the-environment/]
[11. https://sciencepolicyreview.org/2026/07/tiny-pollutants-big-changes-progress-in-microplastics-research-and-u-s-policy/]
Research Shows Nature Fosters Mental Well-Being and that More BIodiversity Yields Measureable, Stronger Results
Researchers have found that the more biodiverse an area is, the more that location is associated with feelings of well-being. Researchers at Kings College London published a study in the scientific journal Nature[12], examining the mental health impact of everyday encounters with different levels of natural diversity. Though there are many studies indicating that focus and well-being are enhanced by natural surroundings, this study is notable for its scope and clear results. During a period from 2018 to 2023, with nearly 2,000 participants, in addition to determining that environments with a larger number of natural features were associated with greater mental wellbeing, they found that the benefits last up to eight hours.
[12. https://www.sciencedaily.com/releases/2024/04/240416115936.htm]
Imagine every child imbued with a sense of well-being that lasts well past the actual experience. Parks in Los Altos currently planted with trees, grass and other flora, include natural playground surfacing, engineered wood fiber (EWF) that is flora, fauna, and child friendly. Such a surface works with nature and the kind of biodiversity mentioned above.
Table created from the following sources:
[13. https://www.turi.org/publications/playground-surfacing-choosing-safer-materials-for-childrens-health-and-the-environment/]
[14. https://njaudubon.org/new-jersey-audubon-recognized-for-outstanding-efforts-in-the-field-of-community-and-urban-forestry-in-new-jersey/ Search for ‘wood’]
[15. https://www.crpd.org/why-play-fiber]
EWF is ADA Compliant for Fall Protection, Fall Protection Needs are Limited
For an authoritative publication on play surfacing that is more technical, one might turn to the July 2025 U.S. Consumer Product Safety Commission document Public Playground Safety Handbook.[16] On page 14 it notes that “shock-absorbing, protective surfacing” is “recommended under and around all elevated playground equipment for which a child is unable to maintain contact with the ground during play.”[16] In other words fall compliance is not needed for play occurring at ground level. Therefore quite a bit of EWF or PIP on playgrounds is superfluous. Neither is necessary past a reasonable number of feet surrounding swings or climbing structures. Page 15 notes that items including the following do not require protective surfacing:
Sand boxes
Activity walls at ground level
Play houses
Any other equipment that children use when their feet remain in contact with the ground surface
Furthermore, when it comes to fall protection, the following solutions are considered equivalent: “Any material impact-tested to ASTM F1292, including unitary surfaces, engineered wood fiber complying with ASTM F2075, loose-fill rubber mulch complying with ASTM F3012, etc.”[16]
Disabilities, Wheelchairs, and ADA
First we should acknowledge that there exist quite a few disabilities, many not requiring wheelchairs. Each type comes with a set of recommendations. For example, children with a cochlear implant, a surgically placed device for those with significant hearing loss, must avoid surfaces prone to electrostatic discharge. This includes playground equipment made from molded plastic[17] as well as outdoor pour in place surfacing. [18]
[17. https://professionals.cid.edu/understanding-and-minimizing-the-effects-of-static-electricity-on-cochlear-implants/]
[18. https://sigma-hse.com/news-insights/electrostatic-hazard-assessments/]
As for wheelchairs themselves, they can be safely pushed over many surfaces including EWF (I have personally pushed an adult across EWF) or crushed rock; on Labor Day weekend I observed wheelchairs at Filoli Gardens safely pushed over long stretches of crushed rock. ADA fall prevention, again, is meant to address falling from a height, not rolling in the wheelchair. Otherwise sidewalks, for example, would all need to be reconstructed.
Lawsuits
Recently I heard a City staff member, at a PARC (Parks, Arts, Recreation, & Cultural) Commission meeting, state that because parents sued Los Altos following a child’s fall, resulting in a broken limb, PIP is a preferred surfacing.
Unfortunately no online search I’ve undertaken has resulted in finding such a lawsuit, though there have been lawsuits made in nearby cities due to events on playgrounds, notably:
A 2023 lawsuit in Palo Alto where an unsupervised second-grade student was said to have jumped from the top of a school slide, landing on a younger child.[19]
[19. https://www.paloaltoonline.com/news/2023/08/03/palo-alto-school-district-sued-for-negligence-over-kindergarteners-broken-leg/]A 2020 lawsuit in Palo Alto after a student fell face-first onto a concrete curb near a school sandbox.[20]
[20. https://www.paloaltoonline.com/news/2020/09/25/elementary-student-who-was-injured-on-playground-to-receive-200k-settlement/]A 2025 lawsuit in Redwood City when a play structure at Magical Bridge Playground fell onto a child.[21]
[21. https://padailypost.com/2025/12/03/city-to-pay-31000-for-childs-injuries-on-playground/]A 2026 lawsuit filed in Santa Clara County Superior Court following a crushed, wedged hand stuck in a rotating platform at a Magical Bridge Playground in Palo Alto.[22]
[22. https://padailypost.com/2026/04/10/magical-bridge-spurs-lawsuit/]
Elsewhere, however, in the U.S., there have been lawsuits targeting EWF, but the catch is that there have also been lawsuits targeting PIP.[23] PIP lawsuits tend to succeed based on a failure to test for UV hardening. Such lawsuits cost in the same range as for EWF, $100K to over $1M.[24] There are also expensive lawsuits involving PIP surfacing that have been settled due to heat retention[25].
[23. https://www.gsrma.org/reducing-liability-for-public-playgrounds-in-california]
[24. https://macombinjurylawyers.com/average-slip-and-fall-settlement/]
[25. https://annieandrews.law/settlement/results-playground-product-liability-settlement/]
Sadly playgrounds are more frequently being considered high risk by insurance companies, independent of surfacing. It’s almost as if it would be better to return to the original “playground,” a big field. However, given that playgrounds are considered easy targets for lawsuits, regardless of the surfacing, the City should pick the best environmental option that is also best for mental wellbeing.
Open space grassy areas foster imaginative play, well-being and biodiversity
Parks and playgrounds should allow residents to enjoy everything people enjoy at a public park, such as walking, running, improvising games, staking volleyball nets or tents, setting chairs for a picnic or gathering, walking pets, kicking a ball, rolling on the ground, playing hide or seek, jumping throwing a frisbee, etc. Most people, including families with children and seniors, regard parks as open space for a broad range of activity.
Fossil fuel surfaces limit activity and ultimately contribute to climate change.
We respectfully urge Los Altos not to fall for sales tactics designed to maximize profit at the expense of public health and the environment. Provide healthy biodiverse surroundings for Los Altos children.
Sincerely,
Susan Hinton
Conservation Committee, Chair
https://www.sierraclub.org/loma-prieta/conservation
Plastic Pollution Prevention Committee, Chair
https://www.sierraclub.org/loma-prieta/plastic-pollution-prevention
Sierra Club Loma Prieta Chapter