HomeMy WebLinkAbout1999-07-12 City Council (15)City of Palo Alt 2
Manager’s Repor¢
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT:CITY MANAGER’S
OFFICE
DATE:JULY 12, 1999 CMR:309:99
SUBJECT:APPROVAL OF ORDINANCE AMENDING CHAPTER 9.60 OF TITLE
9 OF THE PALO ALTO MUNICIPAL CODE REGULATING THE
CIVIC CENTER BLOCK
RECOMMENDATION
Staff recommends that the City Council approve the attached ordinance amending Chapter
9.60 of Title 9 of the Palo Alto Municipal Code (PAMC) regulating the Civic Center Block.
BACKGROUND
On September 4, 1997, the City Council amended PAMC Section 2.08.050 to enable the City
Manager to prescribe and enforce regulations for entry into or use by members of the public
of any City real property, building, structure, or other facility.
The City Manager subsequently created an interdepartmental committee in response to
concerns that City facilities were at times being used by some members of the public in ways
that interfered with City missions and functions and with use by the public at-large. The
committee’s first charge was to develop regulations for libraries and community centers.
These regulations were communicated to Council on July 27, 1998 (CMR:197:98) and
enacted by the City Manager through authority established in Palo Alto Municipal Code
(PAMC) Section 2.08.050. Library and community center regulations have been successfully
implemented and are being utilized as a tool to enhance the City’s commitment to customer
service.
Upon completion of the library and community center regulations, staff turned its attention
to the City Hall Building and Plaza. The City Hall building regulations are being enacted by
the City Manager and transmitted to Council through a separate information report
(CMR:308:99). Regulations for the Plaza are being proposed through the attached ordinance
amending Chapter 9.60 of the PAMC, which addresses the Civic Center Block.
CMR:309:99 Page 1 of 3
DISCUSSION
The Civic Center Plaza is defined as the elevated surface surrounding City Hall and all stairs,
steps, or ramps providing access to the Civic Center Plaza from surrounding sidewalks. The
Plaza is recognized as an important center for civic and governmental uses, not only
providing access to City Hall, but also providing space for a variety of political,
demonstrative, educational, and recreational purposes. As such, the ordinance specifies that
the Plaza is available for general public use except to the extent that it conflicts with the
Plaza’s civic and governmental uses.
The ordinance sets forth the following provisions for general use of the Plaza:
o No person may use those portions of the Plaza within fifteen feet of City Hall.
¯The City Manager may take any reasonably necessary measures to prevent general
public use from disrupting or interfering with either civic and governmental uses or
other conflicting uses by the general public.
¯Commercial activities and commercial solicitation not associated with and supportive
of City programs or City-sponsored activities are prohibited.
°No person shall discard any litter or other material which presents a slipping hazard
or environmental hazard or which damages or defaces any surface in the Plaza.
¯No person shall drive, park, place, or erect on the Plaza or surrounding sidewalks any
vehicle or object which exceeds safe weight limits.
¯Camping is prohibited.
¯No person other than a City employee or contractor in performance of public duty
shall climb or mount any structure or remove, destroy, injure, mutilate, or cut any tree,
plant, shrub, bloom, or flower.
In addition to adding the above provisions, the ordinance makes a few minor changes to
clarify language in PAMC Chapter 9.60.
A draft of the ordinance amending the Civic Center Block to regulate the Plaza was
presented to the Human Relations Commission (HRC) on June 10, 1999 for its review. The
HRC did not suggest substantive recommendations or significant concerns with the Plaza
ordinance. The general feedback was that the City should exercise caution in regulating use
of public facilities to prevent anyone from being denied access unnecessarily and the
infringement of individual rights. In presenting the ordinance to the HRC, staff
emphasized that the intent was to facilitate broad, public use of the Plaza and that careful
attention had been given to ensure that the First Amendment rights of the public were
protected.
RESOURCE IMPACT
There is no resource impact associated with the enactment of regulations for public use of
the Civic Center Plaza.
CMR:309:99 Page 2 of 3
POLICY IMPLICATIONS
It is consistent with existing City policy to define and enforce certain standards of conduct
in City facilities in order to ensure appropriate use and enjoyment of these facilities for the
public at large.
ENVIRONMENTAL REVIEW
The adoption of Plaza regulations
Environmental Quality Act.
does not represent a project under the California
ATTACHMENTS
Ordinance of the City of Palo Alto Repealing and Reenacting Chapter 9.60 of Title 9 of the
Palo Alto Municipal Code Regulating the Civic Center Block
PREPARED BY: Audrey Seymour, Senior Executive Assistant
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
Human Relations Commission
CMR:309:99 Page 3 of 3
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
REPEALING AND REENACTING CHAPTER 9.60 OF TITLE 9
OF THE PALO ALTO MUNICIPAL CODE REGULATING
THE CIVIC CENTER BLOCK
~follows:
The Council of the City of Palo Alto does ORDAIN as
SECTION I.The Council hereb~ finds as follows:
I. Civic Center Plaza is an important center for civic and
governmental uses, providing access to City Hall and its parking
garage but concurrently providing space for a variety of political,
demonstrative, educational, and recreational purposes important to
the community.
2. The Council desires to recognize and designate these
various uses for the Civic CenSer Plaza while regulating those uses
for the genera! public safety" and welfare.
SECTION 2. Chapter 9.60 of Title 9 of the Palo Alto
Municipal Code is hereby repealed in its entirety and reenacted to
read as follows:
CHAPTER 9.60
CIVIC CENTER BLOCK REGULATIONS
9.60.010 Application of chapter.
The regulations set forth in this chapter shall apply to
all of the property defined as the Civic Center B!ock.
9.60.020 Definitions.
The following words and phrases, whenever used in this
chapter, shall be construed as defined in this section:
(a) "Civic Center Block" means and includes all of th~
publicly ow~1~d p~op~ty =butti~ the ~outh sld~ of Fo~’~st Aver~u~
b~tw~ Bxy~t =~d R=t,o~ia SL~L~ =~d all of the publicly owned
property in the block bounded by Hamilton and Forest Avenues and
Bryant and Ramona Streets, including u~ ~vlC C~iL~ =~uDown[.uw~i
Lib~’a~y ~nd all =dj~c~t ~t~ts a~d sidewalks.
u~x~1±p~, f±x,~ ~u Qoxpux@ti~i~"Civic Center-Plaza" means
that portion of’ithe Civic Center Block Comprising the elevated
surface surrounding city Hall and all stairs, steps, or ramps
pfQviding[~~access~to~i.the. Civic~ Center iPlaza ifromi:..surrounding
s~dewalks. ~.
999702 syn 0043761
9.60.030 Obstructing entrances, exits and free passage°
(a)No person shall block any entrance or exit.
(b)No person shall impede the progress of any person
lawfully entering or exiting any structure nor shall any person
obstruct the free passage of any other person.
9.60.040 ~zv~uPermltted.uses of ClVlC Center Plaza.
within City Hall,. no~person may use tho~
PlAza - withinl...fifteen~.i~feet
de~ons~9~tive,
(e) camping £s prohibitedi~-~n~ itl!shali.~be ufllawful for
any~erson to camp on Civic Center Plaza~-.camping-is defined as
the use of Civic center. Plaza .~for living ac~ommodation-~purposes
such as sleeping or making preparati~6ns .to-sleep. (including .the
laying down of bedding for the purpose of .sleeping), -storing
personal.belongings, employing any fire or heating device, erecting
0r~-using-any-tentsvqr ~helter.or.other-~.st~cture~.~o~Vehicle for
~epin~.d~ing...~ny.;.diggin~.~ea~.~b£~ak~n~.i;~ca~ing.~n
Cooking ~act i4i£ies ~ ~-:Camping ~I so mea~s ~-~ 9~idin~~~.j{n} ~r ?uS in~-, the
990702 syn 0043761
c0nsuming:~m~eals.~i~These ac£iviti~~i~onstitute~:camping~when it
No person other than a city employee or city contractor in
the performance of hi~Ubli~ duty shall:
(a) Attach to or place upon any structure or surface any
sign, card, display or other similar device;
9.60.060 Bicycles, skateboards, etc.
No person shall operate any bicycle, roller skates or
blades, skateboard or other locomotive device, whether propelled by
engine or human effort, provided that motor vehicles a~d blu~ei=s
may be operated on sL~e~L~ ~d ’vehicle ramps ~~i~bi~~!~’~’~
~ik~d~ilo~i~’i-~.~.~~~I This section shal! n~t-~ply~t~ ~any
person using a locomotive device necessitated by his physical
handicap. Violations of this section shall constitute an
infraction.
9.60,070 Civle C~L~ Block
prohibited.
-Alcoholic beverages
(a) No person shall consume any alcoholic beverages
and/or possess any bottle, can, or other receptacle containing any
type of alcoholic beverage which has been opened, or a seal broken
or the contents of which have been partially removed in t-h-air
~e~t~i~ ~iLy-uw~ed p~ope~Ly know~ &~he Civic Center Block.
(b) This section shall not apply to the consumptign of
wine and/6r beer in the =~e~ ~p~cifled in ~ub~utlu~ (u)Civic
Center Plaza which wine and/or beer have been provided by
authorized persons at any event at which such wine and beer are
served-and for which the city manager has specifically authorized
in advance the serving of wine and beer. The city manager or h-ks
990702 syn 0043761
designee may impose reasonable terms and conditions on any
authorization he tn&y 9i~e~i~e~ pursuant to this section, including,
but not limited to, requiring insurance coverage indemnifying the
city, its officers, agents and employees from al! liability
associated with or arising from the event. The city. manager or 9ri~
designee may deny authorization for the serving of wine and beer at
an event which poses in the exercise of hi-sthe city manager’s
reasonable discretion, a disruption in the general area due to
increased noise, traffic or any other threat to the public health,
safety, convenience or welfare.
SECTION 3. The Cou~-cil finds that the provisions of this
ordinance do not constitute a project under the California Environ-
mental Quality Act because it can be seen with certainty that no
significant environmental impact will occur as a result of the
ordinance.
..$.ECTION 4.This ordinance shall become effective upon
the commencement of the thirty-first day after the day of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor
City Manager
Police Chief
Director of Community
Services
990702 syn 0043761
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