HomeMy WebLinkAboutStaff Report 263-07TO:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE:
SUBJECT:
JUNE 4, 2007 CMR:263:07
ADOPTION OF AN ORDINANCE AMENDING SECTION 9.48.025
(SITTING OR LYING ON UNIVERSITY AVENUE PUBLIC
SIDEWALKS PROHIBITED) OF TITLE 9 [PUBLIC PEACE,
MORALS AND SAFETY] TO EXPAND THE AREA EFFECTED BY
THE SECTION AND TO ADD AN EXEMPTION FOR BUS ZONES
RECOMMENDATIONS
Staff recommends that Council approve the attached amendment to Palo Alto Municipal Code
(PAMC) Chapter 9.48.025 expanding the area of the current sit/lie ordinance to include the area
bounded by within 50 feet of any commercial property between Lytton Avenue and Channing
Avenue from Alma Street to Emerson Street and the area between Lytton Avenue and Forest
Avenue from Emerson Street to Webster Street, and add an exemption for bus stops.
BACKGROUND
On March 24, 1997 (CMR:411:97), as part of City Council’s Downtown Health and Safety Plan,
the Council amended PAMC Chapter 9.48 relating to the obstruction of streets and sidewalks. The
amendment was made in response to police concerns about hazards associated with people sitting
and/or lying on sidewalks, especially at locations along University Avenue between High and
Cowper Streets. Of special concern were the hazards to the elderly and the disabled who had to
maneuver around people on the sidewalks. Since then, staff has received complaints of the same
safety issues, associated with other locations.
DISCUSSION
Since the Sit/Lie Ordinance was adopted 10 years ago, the City’s unhoused population has grown
from an estimated 100 individuals to approximately 150. The Police Department, the Business
Improvement District (BID), and the Chamber of Commerce have continued to receive calls about
aggressive panhandling as well as people blocking the sidewalks either by sitting or lying on the
sidewalk in order to panhandle. The safety concerns that existed 10 years ago regarding blocking
sidewalks are of increasing concern today.
CMR:263:07 Page I of 4
The City Attorney’s Office has researched the Sit/Lie ordinance and found that it is still a lawful
policy as evidenced by the Ninth Circuit Court of Appeals Decision in Roulette v. Seattle (9th Cir.
Wash. 1996) 97 F.3d 300, fn.7. Other municipalities currently have similar ordinances.
The current Sit/Lie Ordinance restricts sitting and lying on University Avenue between the hours of
11:00 a.m. and 11:00 p.m. between High and Cowper Streets. However, the negative impacts to
businesses that are not located on that portion of the University corridor have increased as
panhandlers migrate to areas not covered under the ordinance. Homeless individuals perch
themselves on make-shift seats to panhandle in front of businesses that are located outside of the
ordinance’s restrictions. Often times these panhandlers will spend hours in front of businesses.
This presents safety issues to pedestrians in these areas. Additionally, some businesses have found
that patrons avoid shopping at their establishments as they do not want to be confronted by the
people who occupy space in front these businesses.
Staff recommends that the Sit/Lie Ordinance be expanded from its current High to Cowper Streets
borders along University Avenue to include the area bounded by within 50 feet of any commercial
property between Lytton Avenue and Channing Avenue from Alma Street to Emerson Street and
the area between Lytton Avenue and Forest Avenue from Emerson Street to Webster Street (see
attached map). The expansion of the ordinance will provide police officers with the legal authority
to contact people who are blocking the sidewalk and to ask them to move along throughout the
District. Any individual who failed to comply would be subject to citation. ~.Without this expansion,
officers do not have the legal authority to detain or order people move from their position outside of
the current area restrictions.
Staff also recommends adding an exemption to the ordinance for bus stops.
Staff has shared the draft ordinance amendment with members of BID and the Chamber of
Commerce who support the change.
When the Sit/Lie Ordinance was proposed, there was a tremendous amount of controversy as it was
thought that it was an extreme response to the unhoused. Since then, there are significantly more
opportunities and services available to the members of the unhoused community in the City. The
recommended expansion of the Sit/Lie Ordinance is one of many broad-based strategies that the
City developed in response to the on-going problem. In addition to the services and support that has
been provided over the last 10 years, the following are some new initiatives that have been and/or
are being implemented for the unhoused:
The Downtown Streets’ Team and the BID are sponsoring an event on June 9 in the 500
block of Bryant Street. This street party will be the introduction of a campaign known as
"Care, not Cash." This event will kick off an initiative encouraging citizens to donate
directly to services that support the homeless rather than to panhandlers. Well-marked
donation receptacles will be conveniently placed in businesses throughout Downtown Palo
CMR:263:07 Page 2 of 4
Alto. Funds from these receptacles will be collected and distributed to local groups that
provide services to the homeless.
The Police Department will continue to train its officers in Crisis Intervention Team
techniques. This advanced officer training is designed to assist officers in identifying,
evaluating and dealing with citizens that have mental illness/disabilities. Officers are also
instructed on what resources are available to assist these citizens.
In cooperation with the City Attorney’s Office, the Police Department will contact local
vendors that sell alcohol for off-site consumption. Store owners and staff will be reminded
of the various state laws which prohibit the sales of alcohol to anyone who is a known
"drunkard."
As staffing allows, Police Department supervisors will make every effort to assign officers
to patrol on foot/bicycle in the Downtown area to ensure compliance with the Municipal
Code and other quality of life statutes.
The Community Services Division hosts the monthly Off-the-Streets Team meetings. These
meetings bring representatives from various non-governmental agencies together with
governmental agencies to improve service delivery to the unhoused. The Off-the-Streets
Team uses the "housing first" model to find affordable, permanent housing for the homeless
and then provides additional "wrap-around" services for their clients. Since beginning the
program, the Off-the-Streets Team has found housing for more than 25 unhoused
individuals.
This year, the Police Department and Community Services will begin the Restorative
Policing Pilot Program. This program will enlist the services of a number of partners to
reduce the effects of homelessness. Partners include Police, District Attorney’s Office,
Public Defender’s Office, City Attorney, Judges, Drug and Alcohol Services, County Mental
Health, and caseworkers from private non-profit organizations. A similar program has been
in existence for several years in Matin County and has been extremely effective. This multi-
disciplinary approach is intended to identify and assess the most problematic members of the
homeless population and develop specific action plans to provide them with the services that
they need. The partners will meet monthly to discuss individual cases and to monitor the
action plans for these individuals.
Staff is committed to working with outside agencies, merchants and the public to provide support to
the unhoused, reduce the effects of homelessness and make Downtown Palo Alto a safe and
desirable location to visit, work and enjoy.
RESOURCE IMPACT
No additional funds are needed for the enforcement of the expanded ordinance.
CMR:263:07 Page 3 of 4
POLICY IMPLICATIONS
This ordinance is consistent with City policy.
ENVIRONMENTAL ASSESSMENT
This is not a project subject to CEQA requirements.
ATTACHMENTS
CMR: 411:97
Map of the Area Covered by the Proposed Ordinance
Draf~ Ordinance
PREPARED BY:
DENNIS BURNS
Police Captain, Field Services Division
DEPARTMENT HEAD:
Police Chief
CITY MANAGER APPROVAL:
EMILY
Assistant City Manager
CMR:263:07 Page 4 of 4
TO:
City of Palo Alto
City Manager’s Repo 2
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: POLICE
AGENDA DATE:
SUBJECT:
OCTOBER 6, 1997 CMR:4i1:97
EVALUATION OF THE DOWNTOWN HEALTH AND SAFETY
DETAIL AND REQUEST FOR APPROVAL OF BUDGET
AMENDMENT ORDINANCE FOR PERMANENT
IMPLEMENTATION OF THE PROGRAM, INCLUDING THREE
COMMUNITY SERVICE OFFICER POSITIONS ..
RECOMMENDATIONS
Staffrecommends that Council increase the authorized staffing levels in the Police Department
to include three Community. Service Officer (CSO) positions and approve the attached Budget
Amendment Ordinance-(BAO) in the amount of $113,000, to provide the funding for the
remainder Of FY 1997-98.
BACKGROUND
In April 1996, staffprovided Council with a shoat-term plan to increase police presence in the
downtown area. At that time, Council directed staff to prepare a long-term strategy that would
continue to address health and safety issues. The strategy ’that was developed included
dedicating two officers to the downtown area and the use of CSOs, who would be used to free
up patrol officers" time by responding to non-hazardous, non-emergency calls for service: As
part of the 1996-97 budget process, Council approved funding for three temporary CSOs,
officer overtime and related equipment (CMR:285:96). Council requested that staff return after
a year with an evaluation of.the program and any additional recommendations. This report
provides a summary of the results of this past year’s exp.efience and recommends continuing
the program. This report also provides an update on other issues associated with the health and
.safety of the downtown area~
The long term plan to address downtown health and safety included the elements of police.
enforcement, development of new ordinauces,, code enforcement/cleanliness, educational
efforts, and .assistance to chronic substance abusers.
CMR:411:97 Page 1 of 8
Results of Enhanced Police Enforcement
In April 1996, four officers were assigned to the downtown area in response to the number of
complaints from the business community and members of the public concerning health and
safety issues that were affecting the quality of life. This increased police presence had an
immediate and significant effect on incidents ranging from narcotics violations, alcohol-related
crimes, pubfie urination, traffic violations, and other criminal offenses. As a result of the
impact and in response to a request, by the City Council, staff developed a short-term plan to
continue increased police presence in the downtown area. The one2year pilot program that
included the assignment of two police officers was initiated in July 1996. The officers’ work
schedule during the .week provides daytime coverage during the week and flexible hours during
weekends to handle evening activity.
During this past year,, the downtown officers have made more than 1,630 contacts with
merchants relative to complaints or problems. They have made contact with almost 2,500
young people for traffic .violations, municipal code violations, educational purposes, or to
simply handout police "baseball" cards or plastic badges .to younger children.- The officers have
also made more than 141 arrests for offenses ranging from drunk in public to auto burglary and
theft. They issued 66 citations for non-traffic related offenses such as open containers and
municipal code violations and more than 370 for traffic violations.. .
The designated officers have conducted their downtown .activities on foot, bicycle and in
vehicles; in uniform and plain clothes. They have been supplemented by other officers and
reserve’ officers as s~g resources have allowed. " "
The high-visibility, public-contact, .preventative approach has resulted in significant
improvements. As an example, .in 1995, 138 arrests, were made for drunk in public. The
number of arrests for that offense increased to 164 during 1996.. As the result of proactive
activities such as issuing more citations for possession of open containers and eonsttming
alcohol in public, during the first Six months of 1997 only 35 arrests for drunk in public were
made. It was common to fred oneor two individuals on a.daily basis that were unable to care
for themselves because of extreme intoxication. Some of these same individuals were
responsible for aggressive and assaultive b~avior or urinating in pubfic. By de~g with the
the peace, urinating in public, assault, etc. have also decreased. Attachment 1 provides a.
numerical comparison of arrests over the last two and a half years.
CMR:411:97 "Page 2 ef 8
In addition to enforcement efforts, merchant interactions, and public contacts, the designated
officers also directed theirattention to problem-solving activities: Cogswcll Park serves as a
prime example. The officers identified some safety issues related to poorly illuminated areas
of the’park. The officers worked with rep~’esentafives from the Uti!i.’fies, Pubfic Works,
Community Services, and Planning Departments to provide additional fighting and trimming
of trees and bushes to help enhance visibility in the park. The work has resulted in a safer
environment and fewer complaints and concerns from citizens.
As a result of all these efforts, many positive comments have been receiyed from merchants and
visitors about the increased officer presence in the downtown area.
Communi _ly Se~wice Officer (CSO) ProgralB
As part of the sh0rt-term plan, three, temporary CSOs were fimded to assist in freeing up
officers time by responding to calls for sergice that did not require sworn police officers; The
CSOs began their work assignments in October 1996. (Between July and October, overtime
funds were used to ensure .the deployment of two officers to the downtown area. The delay was
due to the .time needed to identify existing Police Department employees to work as CSOs
(three.existing Parking Enforcement.volunteers, were selected in order to reduce the~amount oftraining time required to familiarize them with department and City procedures); the hiring. and.
training of their replacements; the purchaseof uniforms and equipment, and the required in-
house lraining and evaluation of the CSOs.)
CSOs typically handle non-emergency, non-hazardous-cases, hcluding vehicle burglaries,
municipal code violations,, annoying telephone calls, petty or grand thefts with no suspect
infonnation, lost/found property, and minor vandalisms. CSOs also assist with traffic control,
subpoena service, basic evidence collection and neighborhood checks for police officers
investigating major crimes.
Because the majority of non-emergency, non-hazardous types of cases occur, on Mondays
through Saturdays and between 8:00 a,m. and 7:00 p.m,,-the CSOs’ work schedule was
developed to provide coverage during these times.
~g. ~_’s_~M peri0_d, Be_ ~S_O~s_wrote 5_52. po~lic~..~epo_rts_ ~d iss~ed_1090 parking.citations
They also served i73 subpoemis, .updated 355 alarm cards, responded to 466 parking
complaints, handled 154 abandoned vehicles, placed the radar trailer in the field 70 times, and
spent numerous hours on traffic control and assisting with the crossing guard program.
CMP,:411:97 Page 3 of 8
By their handling of these tasks, the CS0s afforded sworn police officers the opporttmity to
direct more attention to downtown and other issues related to traffic, community policing, and
proactive pofice work. Additional patrol and traffic of~cers assisted the designated officers by
spending over 2,428 hours in the downtown area on foot or working ~tra~fic. Police officers
were also able to focus an additional 1,427 traffic enforcement hours at major arteries, for track
route violations or at designated problem areas; provided personal sa£ety and thef~ presentations
to local businesses and senior citizens; and conducted "Officer Fn.’endly" presentations to the
schools, Boy Scouts and the Children’s Theater.
With the time freed up.through the use of the CSOs, police officers spent a great deal of time
on proactive poficing including the operation of several decoy activities involving alcohol and
tobacco and surveillance associated with numero~ crime trends. One trend involved a number
of auto burglaries that were occurring in the downtown’area, Stanford Shopping Center and
Byxbce Park~ Officers conducted over.seven days of surveillance in.these areas and concluded
the operation successfully with the. arrest of three suspects. .
TheCSO program also afforded the PoliceDepartment the opportunity to assign officers to last
year’s "Avoid the 13" campaign and the Holiday Detail, The "Avoid the 13" Program involved
tw.o-night coordination efforts_with the.SantaClara, and.San Mateo Cotmty Strike Teams that
resulted in~24 arrests for drunk~ driving, ~a. checkpoint on University Avenue and two.weeks of
intensive patrol efforts to prevent alcohol related accidents~ .. ..
Staffbelieves.that the use of the C~Os has been beneficial to the downtown area and the entire
City. Without the CSOs, the consistent police officer presence, in the downtown area and the
use of police officer resources for other activities would not have been possible. This is
especiallynoteworthy, due to the fact that there-are currently still seven police officer positions
vacant. As a result, staff is recommending three permanent regular CSO positions be approved
.at this time. Staff consiitered the alternative ofrequesting the regular positions as part 0fthe
1998-99 budget process. However, because of the disruption to the organization created by
temporary employees and existingstaff working in other job classifications, and for the stability
and continuity of the CSO program and the designated downtown officer detail, it is important
to hire permanent CSOs as soon as possible.
TO assist officers in their enforcement efforts, staff has assistedthe City Attorney’s Office in
the development of three new city ordinances. Two of the ordinances, which amended Palo
Alto Municipal Code (PAMC) sections, were adopted on July 22, 1996, and became effective
on August 22, 1996.. The addition of Section 9.04.030 to the PAMC allows, officers to cite
CMR:411:97 Page 4 of 8
individuals who leave any retail business after purchasing and consuming an alcoholic beverage
in the parking 10t or adjacent sidewalks of the business. No citations have been issued for this
offense. Section 9.44 of the PAMC Was amended to addressthose individuals who solicited
for employment, business orcontributions in public parking lots. Prior to the approval of this
ordinance, the Pofice Department received complaints from members of the business
’community and the pubfic on a daily basis about individuals who were deman .d~ng .to’ wash car
windows or assist people in parking their vetficles for money in City parking lots. While no
arrests have been made since the enactment of this ordinance, officer warnings have decreased
the frequency of this behavior significantly.
The third ordinance, Section 9.48.025 of the PAMC, prohibits sitting/lying on the public
sidewalk on a specific section University Avenue: It enacted on March 24, 1997. On April 24,
1997, when the ordinance became effective, a public demonstration protesting the ordinance
occurred. The demonstration was orderly and th~xe wexe no problems associated withit. Since
that time, six individuals have been verbally warned about sitting on the sidewalk and have
complied; no citations have been issued to date. " ’
Enhanced Code Enforcement/Cleanliness
Litter and debris from dumpsters and trash receptacles have b~en.a problem in the do~itown.
area in the past. However, Public Works Department staff has sought business owners’
cooperation in maintaining the cleanliness of the areas around their dumpsters. While some
cooperation was received, Public Works staff continues to clean, a majority oftha debris and
trash in-the alleyways. Public Works staff made arrangements for extended trash receptacle
service to includeweekly Sunday morning pickups. This has helped to eliminate some of the
overflow Of the trash receptacles that were so unsightly by most Monday mornings downtown.
City-funded’ hot.water pressure washing of sidewalks has continued along.University Avenue
as well. This service was extendedone’ additional month this past year, May through October.
Staffiscontinning to pursue both a shoat-termand a longer=term strategy for the placement of
restrooms in the ’downtown. Staff is tentatively planning to come to the Council in
October/November 1997 with a proposal to place aut0maticpublic toilets (APT’s, also known
as "French:to~lets")at two sites in the downtown. Staffis Working cooperatively with the Ci~
of S.a~_..~O_s~, _.an_d pote~ti~!y other_cities, .on. a lease arrangementnfor.ApT~s.__ In.the.long-term,. ......................
staff is continuing to w~ on placement of public restrooms in the proposed new parking
structures.
CMR:411:97 Page 5 of 8
Staff is currently working with the Chamber of Commerce on a proposal for enhanced
cleanliness of the downtown area. Such a program is anticipated to involve a commitment of
resources from the City arid downtown property owners.
Assistance to Chronic Substance Abusers .and People with Mental Health Problems
A multi-agency committee was established over a ye .m’. ago to determine the best course of
a~tion in dealing with a small group of habitual offenders who were causing the majority of the
problems in the downtown area. This committee consists of representatives from the District
Attorney’s Office, the Santa Clara County Department of Corrections, Santa Clara County
Mental Health .Services, Santa Clara County Probation Department, the veteran’s Hospital
Mental Health Services, Los..Altos :and Mountain View Pofice Departments, Sunnyvale
Department of Public Safety, Stanford University Department of Public Safety, and the
Municipal Court.
The committee has developed processes and procedures that will help individuals, who
consistently are arrested for being drunk in public or under the influence of drugs to receive
rehabilitation, counseling, and other assistance. A nmjor factor associated with the committee’s
work duringthis past year was the Santa Clara County Department of Corrections’ assumption
of responsibility for the Sobedng~ Station. The Sobering Station is-a detoxifieation and
counseling facility in San Jose.
o
Individuals who are arrested for being drunk in public up to five times are eligible for the
Sobering Station as an alternative to being booked into jail. The Sobering Sfation’s staff
attempts to work with the individuals and provides counseling, job training and other services
in efforts to address their substance abuse problems. The committee has worked very closely
with the Sobering Station staff to establish guidelines to address the small group of habitual
substance abuse offenders, if an individtml is arrested a sixth time, he or she is booked into the
jail-and held until arraignment. The Court reviews the five prior incidents and includes the
mandatory provision of residential and correction facility rehabilitation programs to help
individuals who receive longer jail sentences. Since the Palo Alto Police Department began
using the Sobering Station five months ago, some positive?results have already been observed.
The City Council authorized expenditures in the amount of $217,500 for the trial program.
CSO/Downtown Detail. During 1996-97, staff spent about $159,000. The majority of the
balance ($512000) will be requested as a reappropriation to cover costs for thefirst four months
of FY 1997-98 in the year-end report.
CMR:411:97 Page 6 of 8
A budget amendment ordinance in the mount of $113,000 for the salary and benefits of three
CSOs, vehicle maintenance and fuel costs for the remainder of this fiscal year is attached for
Council approval.
During the one’year trial period, the Police Department held onto two vehicles that Were on the
replacement schedule. These vehicles are 1993 models and were scheduled for elimination.
¯ from the patrol fleet this year in exchange for the five new motorcycles. Staff is requesting that
the CSOs continue tome these two older vehicles for the remainder of this fiscal year. During
the next budget :cycle, staff will include the cost of two new vehicles to replace the 1993
models. Also included in next year’s budget cycle will be the addition of three new hand-held
portableradios. Currently, .the CSOs are using portable radios assigned to patrol.officers, but
because of our current staffing shortage, there are available radios.
Funds for two new vehicles would be included in the 1998-99 CIP budget request. Attachment
Two reflects the estimated total costs for the program for 1998-99.
POLICY IMPLICATIONS
There are no policy implications associated with this .request.
ENVIRONMENTAL ASSESSMENT
This. does not comtimte a project for the purposes of the California Environmental Quality Act.
A~rACI~ENTS
Attachment A- Downtown Arrest Comparisons
Attachment B - Estimated Costs for CSOs for 1998-99
Budget Amendment Ordinance
CMR:285:96
........... PREP~D BY: .....Kath!e_en.McKenna. Police Captain
Lyame.Johnson, Assistant Police Chief
DEPARTMENT HEAD P,.EVIEW: CHRIS DURKIN, Police Chief
CMR:411:97 Page 7 of 8
CITY MANAGER APPROVAL:
CC:Susan Frank, Chamberof Commerce
Kathleen Haney, Downtown Marketing
Darryl Ogden, Urban Ministry
CMR:411:97 Page 8 of 8
ATTACHMENT A
Downtown Arrest Comparisons
Assault/Battery 7 i4
Assault w/Deadly Weapon 3 4
Battery 8 8
Burglary 6 26
Robbery 9 5.
Disturbing the Peace I 1 15
Dnmk in Public 138 164
Open Container B&P 41 .38
Minor inPossession/Alcohol 13 18
Firearms and Weapons 2 3
Narco and Drug 78 57
Theft 53 57
Warrant Arrests 231 285
1997 (January_-June)
4
0
6
9
5
2
35
35
4
1
31
23
143
Total 600 694 265
ATTACHMENT B
ESTIMATED COSTS FOR 1998-99
Sal .ary/benefits:
Vehicles:
Purchase/Outfitting:
Replacement (yearly):
Maint./Fuel (yearly):
3 @ $53,7o2 $161,106
One (1) Ford Crown Victoria
$ 26,000
$ 5,200
$ 3,400
One (1) Pickup Truck
Purchase/Outfitting:
Replacement (yearly):
Maint./Fuel (yearly):
Radios:3@ $1,000
Unifonhs:
25,000
5,000
3,400
3,000
Total Cost 1998-99:$232,606
TO:
ATTENTION:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
FINANCE COMMITTEE
FROM:CITY MANAGER DEPARTMENT: POLICE
AGENDA DATE: May 30, 1996 CMR:285:96
SUBJECT:.Downtown Health and Safety Enhancement Program
REQUEST
During the last two months, the Police Department has increased its presence in the downtown
area to address the increased problems that jeopardize the health and safety, of citizens, visitors
and businesses: The purpose of this short-term .approach was to provide staff with time to
comply with the direction received f~om Council on April 8. At that time, staff was instructed
to return with a proposal for a longer term solution to address the situation. As a result, staff
has developed a mulfi-faceted approach. This report provides details Of that approach and
requests approval for the addition of $217,500 to the Police Department’s proposed 1996-97
budget to cover the associated costs.
RECOMMENDATIONS "
Staff recommends that Council approve the addition of $217,500 tO be. included in the 1996-97
Police Department budget to cover the costs associated with the downtown health and safety
enhancement program,
POLICY IMPLICATIONS
Other than potently_! ordinance additions, there are no policy implications associated with this
request.
EXECUTIVE SUMMARY
During about the last six months, ~various activities in the downtown area have increased to the
point of jeopardizing the health andsafety of residents, visitors and businesses. These activities
haveincluded assaultive and-other_criminal be_havi_or,.skatebo~ding; trafficviolafions and-hck
of cleanliness. As a result, at the City Manager:s direction, the. Police Department presented
a sh0rt-term p!an to increase polic presence in the downtown area at the Council meeting Of
April 8. Council consequently directed staffto return with a long-term strategy to continue to
address the health and safety issues downtown. This report provides a summary of the work
CrvtR:285:96 Pa, ge 1.of 9
that has been accomplished during the last two.months and details of a strategy that staffhas
developed for the next year.
Summary_ of Recent Police.Efforts.
.Beginning on April 13, 1996, four full time police officers were assigned to the downtown area.
The officers, supplemented by reserve officers, members of the Traffic Team and other paUol
.officers, have provided bicycle and foot patrol seven days a week from 8:00 a.m. to 11:00 p.m.
During this time, the officers have contacted over 390 merchants to discuss complaints and
concerns. They.have contacted over350 young people, educating, warning, and citing them
for traffic and Municipal Code violations. They have.als0 distributed police "baseball" cards,
stickers and plastic badges to ’childrenas part of the education/public relations~ outreach. To
date,- 74 people have been arrested for crimes ranging from narcotics violations, assault with a
deadly weapon, wan~ts, the~, consuming alcbhol, drunk in public, public urination, sales of
alcohol to minors, etc. Depending upon the criminal behavior, bfficers have usually issued
warnings prior to making arrests.
The offi’cers have also met with the Downtown Marketing Association, members of the
Homeless Task Force, representatives of the Another Way Camp~gn, and the Urban Ministry.
Based upon information obtained .from those meetings, staff is currently in the process of
designing two different brochures, one for the general public and one for merchants, with
.information and tips on such topics as theft prevention and traffic Safety.’ A special:.voice mail,
box number has also been installed for people who have questions and complaints, about
downtown issues. The messages, are checked several times a day and as a result, the officers
assigne.d to the Downtown Detail receive the information firsthand and responses are provided
in a more timely manner. People calling with eme.rgencies are of course requested to call "911."
Based upon observations during the last several months~together with information provided by
a wide variety of sources including businesses, visitors, residents, and the Urban Ministry, it
has become readily apparent that the key to a health and safety enhancement strategy for
downtown can. not solely rely on police enforcement. Therefore, an internal task force,
.consisting of representatives from &e Public Works, Planning and Police Departments, and the
City Attorney’s Office, was formed to address the issues from several different aspects. They
include police enforcement, code enforcement/cleanliness, education, and .mechanisms to assist
.................... s~c_~pc._op!e_~_~11_e~ an~or~..chronic substance abuse_problems ........................................... - .........................
The taskforce has met several times and has not only developed tile multi-faeeted strategy: but.
has also begun work in several of the areas.
CMR:285:96 Page 2 or" 9
1. Police Enforcement
As evidenced by the activity summarized above and the many respons, es from members of the
community, increased police presence has made a significant differen.ce in the downtown area.
Staff considered various options for an ongoinf~ designated police presence downtown. Several
.factors were instrumental in the proposed police enforcement portion of the plan. These factors
included the recent experience and current situation; the need to be flexible enough .to deal with
different levds and types of activity; and the current and anticipated staffing vacancy issues
within the Police Department. The following provides some additional detail on each of these
factors: °
Recent Experience/Current Situation: While the ~requency of criminal and disruptive
behavior has decreased significantly during.the last six w~eks or so, staffbelieves there
is a need for continued designated police presence to ensure that the level and types of
criminal and disruptive behavior do not increase again. Staff feels that this presence
should be in the form of police officers who have the training and enforcement authority
to deal with any and all types of situations.
Flexibility: Recent experience has also demonstrated the need for flexibility in hours
of the day and evening during which the designated police presence occurS. For
¯ example, on some evenings, due to overall increases in the numbers of people who
frequent downtown, ther~ is a greater need for officers: presence compared to other days
of the week. during morning hours.
Staff has also detenuinedthat it is important to occasionally change the hours of
designated police presence, in order to prevent predictability that leads to incidents .of
criminal behavior occurring when officers are not always present.
Current/~mticipated Staffing Vacancies - Currently, the Police Department has six
vacant police officer positions. Due .to upcoming retirements and other attrition factors,
up to six additional vacancies are. anticipated within the next twO to three .months.
Although the hiring process has been streamlined as.much as possible and wldle staff is
continually implementing different ways.to conduct the process more freque.atly, the
average length of time required to hire and train new officers so-that they are able to
............. . .............work in a~solo-capacity-is-14--months: That--factor;--together-with-the~ decrease-iu--the ..................
number of candidates in the quaKfied applicant pool, will make it difficult to completely
" ~ll those vacancies, or any unpredictable additional vacancies, within the next year. For
these reasons, together with the significant higher costs associated with the addition of
CM~’.285:96 " Page 3 of 9
police officer positions, staff is not requesting, authorization for fimding for any
additional police officer positions at this time.
With these factors in mind, staffproposes to provide continued designated police presence in
the downtown area in the following manner: ’
Dedicate two officers to the downtown area using existing police officer positions. These
officers’would provide seven day. a week coverage with flexible hours (a minimum of ten ho~s
a day) depending upon types and levels of activity. These officers would be supplemented by
reserve officers .and other patrol officers as time and calls for service allowed. While this
dedicated coverage is a decrease from the current level, staff, believes that other patrol and
traffic officers .will be able to provide sufficient coverage during the hours the designated
officers a~e not present, so that the safety and well-being of citizens will not be c .ompromised.
In order to provide the’necessary time for the two designated officers and other patrol staff
without decreasing police services in other parts of the City, staff" proposes to hire three
community service, officers (CSOs): These CSOs would respond to. calls for service and
complete police reports for non-hazardous, non-emergency incidents such as vandalism,
accidents, thefts, Municipai Code Violations. The CSOs would provide coverage six days a
week from 8:00 a.m. to 6:00 p.m: Based upon a.review of.the calls forservice (CFS) per day ¯
oft he week and the time of day, staff believes this.would provide sufficient.coverage for two.
officers to concentrate On the .downtown area. Staff anticipatesthat it will take about, four
months to hire and train CSOs to serve in this capacity. In the interim, overtime.funds for two
officers normally assigned to shifts will be .used to proVide the downtown coverage and report-.
taking.
While the concept of using CSOs in this fashi0n has been success~llybeen implemented.by
other agencies, it is the first time it would be tried i~PaloAlto. Due to this reason, in addition
to the need to determine the effectiveness of thisplan over a period of time, staff is only.
requesting funds for tempormy CSOs for only one year. At theend of the year, staff will return
with evaluations and recommendations for a.permanent pro~am.
Overtime funds to back fill for off~cers and to provide training instructors for the. CSOs is
includedin therequest for funds. Staff estimates that overtime will be needed at least through
i~e_~d__~ Qc~q.b~r .t9 ¢~.~e_ ~ .~y~i_l~ab_’f!~ty~of .~_o~ officers...for..the.do~vntown~ detail... Staff
.anticipates that office." ...... @ m the l~lice.Ac-ademy Will havecompleted the Field Training
program and will be working in solo capacities by the end of OCtober. They would then be.
available to assist in maintaining minimum sta~g levels on thd tahree shifts. It should be noted
Page 4 of 9
that the overtime costs are based on current staff~g levels and if any additional vacancies occur
during this time, overtime costs would increase.
Pro_re’am Elements
The two desiguated.poliee officers would continue their foot and bicycle patrols downtown and
" would continue to: ’
take appropriate action when they encounter and observe criminal and disruptive
~behavior,~
enforce traffic and Municipal Code violations involving motorists, pedestrians, and
skateboarders, smokers, etc.;
serve as resources .and liaisons with downtown businesses;
educate members of the public on safetyissues (see additional details on educational.
efforts below)
,,New Ordinances
To assist officers in their enforcementefforts, the City Attorney’s office has prepared drafts of
three proposed ordinances that are being presented to Couneilunder a separate cover. Each of
the three ordinances deals withspecific problems that police officers encounter on a daily basis.
They would provide additional tools .that officers would fred very iaseful. One ordinance will
allow officers to cite individuals who leave any retail business after purchasing an alcoholic
beverage and then open that beverage.in the parking lot or adjacent sidewalks. Currently,_ it is
only illegal to. consume ateohol in public. Possession of an open alcoholic beverage is only
prohibited in certain parks. Another ordinance will prohibit individuals fi:om sitting or lying
on the sidewalks on University Avenue, where they obstruct pedestrian traffe and access to
store entrances or newspaper racks. The third ordinance will provide police officers with the
¯ ability to cite those indi~duals Who solicit for employment, business or contributions in public
parking lots.
2. .Code Enforeement/Cleanlines~
As depicted in the slides Shown by Council !~lember Schneider and as obse~ed during
_w_~abouts inthe, downtown_area~-the general, lack of cleanliness-isan-issue-that-add~- tb- tti~-al
and perceived sense 0fhealth and safety considerationsl As a result of the task force meetings,
the Public Works and Planning Departments have begun taking action to correct the situation
and will continue with additional efforts. These efforts include the following:
ClVIR:285:96
Sitlewaik EncroachmentPermitS" - A recent sUbvey of street furniture and signs that require
encroachment permits was compared.to the list df existing permits. The comparison revealed
that there are. a number of businesses that do not have encroachment permits. .The
encroachrnents range ~rom unauthorized or unpermitted tables and chairs to planters and
sandwich board signs that decrease the available sidewalk space. Follow up with each Of these
businesses to ensure compliance has begun and will continue. It is interesting to note that in
a 1987 report.to the City Council on the cleaning of downtown,.there were 44 take-out food
estabI!shments, and 5 authorized public sidewalk eating areas. Currently, while the exact
number of establishments that provide take-out food is not known, there are well over double
the number that.existed ten years ago. There are now 20 sidewalk eating areas (not all are
currently permitted).
The standard conditions,-, for site maintenance associated with commerdal sidewalk
encroachment permits, usually require permittees to keep the area.(with a 12-foot radius) free
of.litter, refuse, and stains associated with the encroachment and to be responsible for the
removal and disposal of related garbage without using City streets, .gutters or trash receptacles.
Public Works Department staff is working with the Chamber or Commerce Downtown
Marketing Committee who will include an article in their upcoming newsietter providing
information on how to obtain encroachment permits.. Public Works will also notify those
businesses ~who are not in Compliance. :~ - ........
In similar- efforts, the Plarming Department’s Building Inspection. staffwill begin requiring the
installation oi~hosebibs’ at the front of downtown businessesl during the building permit and
inspection process: Staff feels tliat a readily accessible means of hosing..off the sidewalk areas
in front of these businesses will increase the.likelihood that they will be maintained in a dean
and attractive condition. Also, it is anticipated that having available a simple, easy means of
cleaning these areas will enhance the Code Enforcement staffs ability to enforce the sidewalk
cleaning provisions specified in the Municipal Code.
Alleyway Litter:
Litter and debris from d.umpsfers and trash receptacles is.also being addressed. The Public
Works Department is contacting some business owners and requesting them to clean flae areas
around the dumpsters. It is not uncommon to see overfilled dumpsters, .and the problem is
ex~e_rbat_e_d_ ~he~ p~_~pl_e_.~caYe_nge .through_them.and spread.garbage even-fiarther~
PASCO provides an autolock for a one time fee of $129 to business owners, which would.
prevent scavenging in the dumpster. Staff has provided this information to downtown
merchants (see Attachment B).
CMR:285:96 Page 6 of 9
While some cities have ordinances requiring businesses to lock their dumpsters, staffhopes that
voluntary cooperation on the part ofmexchants in.the spirit ofnmintaining the cleanliness of the
downtown will preclude the need for such an ordinance in Palo Alto.
Steamcleaningi
Public.Works has contracted for steamcleaning on university Avenue once a month from May
through September. "
3. Education
Another facet of the downtown health and ’~f~ty enforcement plan deals with ongoing
educational efforts. As mentioned previously, work in this area has already begum Staff
believes this must be a continual process. Additionally, joint cooperative efforts with the
Downtown Merchants Association, the Another Way Campaign, the Chamber of Commerce
\ ¯and the Urban Ministry will serve to assist in making the plan successful.
Public Works staff has begun providing information to downtown merchafits on cleanliness
issues (see attached).
The brochures mentioned earlier will be distributed during the firstpart of July.
4. Assistance to Chronic Substance Abusers and People with Mental Health Problemn
As part of the plan’s development process, Police Department staff met .with representatives
from the District Attorney’s Office, the. County Department of Corrections, and the current
presiding judge~u efforts--to~aL~termd_ue t.he-best course-~f actio~in dealing with a small core
group of habitual offenders of substance abuse and those people who create the majority of
problems. A conclusion was quickly re, ached that arrest and incarceration does little, if
anything, to resolve the problem. Also, when the costs associated with the arrest, medical
clearance (often people require a.ttention from the City’s .paramedic staff in addition to
clearances by hospital emergency room staff), incarcerations.and court process for one person
are multiplied by the hundreds of times some people are arrested, the dollars are staggering.
Therefore~ with assistance from the District Attorney’s Office personnel, Police Department.
staffhas formed a committee with representatives from the Court, Department of Corrections,
Probation Department, the Veteran’s Hospital Mental Health Services, Stanford Hospital, Los
Altos and Mountain View Police.Departments, Sunnyvale Department of Public Safety, and
CMR:285:96 Page 7 of 9
Stanford University Department of Public Safety. The.purpose oft he committee isto attempt
to develop mechanisms that will result in long-term resolutions for street people who are
habitually intoxicated, under the influence of drugs, and/or suffer from mental illnesses. Since
the Committee has met only once to date, it is too early to report on any progress. Due to the
complexity of the issues; the development of any mechanisms most probably will take a
considerable amount ofthne. Staffwill keep the Council informed as-the Committee continues
its work.
FISCAL IMPACT
Attachment A ~letails the Costs ($217,500)’associated with the p~oposed continued police
enforc_ement efforts.’ These costs include estimated fimds for three temporary CSOs, uniforms,
equipment, vehicles and overtime costs. No funds are needed for Public Works and the
Planning Department. Inorder to nduimize costs, pending Council approvai, staffproposes to
retain two police vehiclesthat would normally be rotated out of the fleet for use by th~ CSOs.
.ENVIRONMENTAL ASSESSMENT
This does not constitute a project for the purposes of the Califoraia Environmental Quality Act.
ATTACHMENTS
Attachment A - Cost Detail
Attachment B - Draft Letter to Merchant~
PREPARED BY: LYNNE JOHNSON, Assistant PoliceKATHY MCKENNA,
DEPARTMENT HEAD REVIEW:
CMR:285:96-
Page 8 of 9
C¢Barbara Gross, Downtown Marketin~
Susan Frank, Chamber of Commerce
Urban Ministry
CMR~85:96 Page 9 of 9
ATTACHMENT A
Cost Detail
3 CSOs (temporary)
Overtime
Ins~ctors for Training
Officer Backfill
Vehicles
Maintenance/Fuel 2 @ $2,200
Computer/Radio Equipment
2 @ $12,000
Equipment/Uniforms 3 @ $500
$. 123,910
$ 6,200
$ 57,490
$ 4,400
$ 24,000
$ 1,500
TOTAL $ 217,500
ATTACHMENT B
Draft Letter to merchants
.Commercial Sidewalk Encroachments
¯ The City of Palo Alto Engineering Division of Public Works is responsible .for issuingall
Commercial Sidewalk Encroachments (CSE). The encroachments are required for the
placement of anything in the public right-of-way. The most Common CSE in the Universit~
.Avenue area is for tables and chairs or signs in the right-of-way. Thereis a fee associated with
the application for an encroachment permit and. minimum conditions placed on businesses
requesting eneroaehments (other special conditions maybe added by the City):
A minimum of 8’ of sidewalk clearance is maintained at all times.
The encroachment must be identified by mark’mg ttie comers with marks 1/2"
wide and 1 1/2 inches long. The marks must be maintained b~ the property
occupant. ’ "
The area must be kept free oflitter and refuse associated with the eneroaelunent,
including adjacent gutters:- The sidewalk must be kept flee of stains resulting
frbm the encroachment activity, City streets, gutters or trash receptacles shall not
l~e used for disposal of encroachment related refu~e or garbage.
City staffrecently completed an inspection of the University Avenue area businesses and will
be rtotifying businesses of any deficiencies noted, including notification of thosebusinesses
which are encroaching and do not have encroachment permits. For information on how to apply
for an encroachment permit, or to get an additional copy of your current permit; contact the City
Public Works Department at 329-2151.
cleanSweep Program ..
Last summer, the City worked with the DMC to promote the downtown CleanSweep program.
The City p~0vided businesses With pushbrooms and hats (to the first 100 requestors) tothose
business who would pledge to sweep in front of their busines~ at least two times, per day,pick
up litter in. front of their business as.needed, enco.urage other businesses to participate, and
attempt to "wear out:’ the provided broom. Well, it’s time to revive the program by putting on.
those hats and pushing the brooms. CleanSwfiepis one of several steps the City has unde .r~ken
to encourage shopkeepers to continue w~th their active role in the downtown.
Litter and Trash in Public Alleys
One problem many downtown business owners experience is "dumpster divers," those folks
who go through garbage bins and recycling containers looking for discarded items or
recyclables. Th, e result is 0f~en a mess around and undemeatha d.umpster (or bin). The
property occupants Who use or ~hare the bin are responsible for keeping the area around their
bin clean.- PASC0, the Ci~ refuse collection contractor has "autolocks" available for bins (up
to five.yard .size) fora one time fee of $129.75 (may go up July 1). The au~olock ~lows a
business to prevent unauthorized use of its bin, and keeps persons £rom going through the bind
and discarding litter on the ground.
The City Municipal Code requires a business to have a minimum, of one time per week
collection of refuse, and requires each business to have a container or containers of sufficient
size to contain all refuse generated in a one week period. Bags and boxes of excess trash placed.
on top or alongside of your garbage bin or can will not be collected by PASCO without advance
authorization and at an additional.fee. If you routinely have excess refuse,.you may want to call
PASCO at 493-4894 and have-either (or both) the frequency of collection increased or the size
of the bin increased. If you sort out your cardbo.ard,¯glass, cans, bottles and white paper for
recycling you may fred that you don’t need as large a bin. Contact the Palo Alto recycling
.program at 496-5910 if you want additional information .on recycling programs available
downtown. "
This map is a product of the
City of Palo Alto GIS
Proposed Expansion
Sit/Lie
T h o c i,, o ~Ordinance
Palo Alto ~
NOT YET APPROVED
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 9.48.025 (SITTING OR LYING ON
UNIVERSITY AVENUE PUBLIC SIDEWALKS PROHIBITED) OF
TITLE 9 [PUBLIC PEACE, MORALS AND SAFETY] TO EXPAND
THE AREA EFFECTED BY THE SECTION AND TO ADD AN
EXEMPTION FOR BUS ZONES
follows:
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
(a) Sitting or lying down on the public sidewalk within the unusually congested
downtown area surrounding University Avenue during the hours of 11:00 a.m. to 11:00 p.m.,
when sidewalks are heavily used by pedestrians, distracts those pedestrians from their need to be
alert for potential tripping or slipping hazards in the sidewalk, to avoid other pedestrians and
sidewalk utility poles, fire hydrants, street furniture, street trees and tree planter wells, news
racks, and other such obstacles and to be prepared to move along the sidewalk and across the
street at intersections without interruption; and,
(b) Sitting or lying down on the sidewalks of this unusually busy area results in
the delay and obstruction of the public’s free flow of travel, and results in congestion and
blockage of the sidewalks when pedestrians are required to constrict and redirect their passage,
often into the street, in order to avoid persons sitting or lying down on the sidewalk; and,
(c) Distracted pedestrians are more prone to be involved in accidents, and
accidents on the public sidewalks constitute a substantial safety problem which further impedes
and prevents the orderly flow of pedestrian traffic, is unsafe not only for the person sitting or
lying down on the sidewalk but also for pedestrian traffic sharing the same limited sidewalk
space; and,
(d) The cumulative impact of this type of activity on the city’s sidewalks in this
downtown area on a daily basis has created a potential safety hazard, which poses a significant
and substantial risk to the interest of the public in the free flow of travel in the city.
SECTION 2. Section 9.48.025 (Sitting or lying on University Avenue public
sidewalks prohibited) of Title 9 [Public Peace, Morals and safety] of the Palo Alto Municipal
Code is hereby amended to read as follows:
"9.48.025 Sitting or lying on public sidewalks in the University Avenue area
commercial downtown Palo Alto is prohibited.
070530 syn 0120231
NOT YET APPROVED
(a) No person shall sit or lie down upon the public sidewalk, or upon a blanket,
chair, stool, or any other object placed upon the public sidewalk within 50 feet of any
commercial property between Lytton Avenue and Channing Avenue from Alma Street to
Emerson Street and the area between Lytton Avenue and Forest Avenue from Emerson Street to
Webster Street during the hours between 11:00 a.m. and 11:00 p.m.
(b)The prohibition set forth above in this section shall not apply to:
Any person sitting or lying down on the sidewalk due to a medical
emergency;
(2) Any person who, as the result of a disability, utilizes a wheelchair or
similar device to move about the public sidewalk;
(3) Any child accompanied by an adult who is seated in and using a
stroller, or similar device, to move about the public sidewalk;
(4) Any person sitting or lying down upon a chair, bench or planter box
wall located on the public sidewalk which is placed there by a public agency;
(5) Any person sitting or lying down upon a chair or bench located upon
the public sidewalk which is placed there by an abutting private property owner or tenant
pursuant to a commercial sidewalk encroachment permit, temporary lease, or temporary street
closure permit;
(6) Any person sitting or lying down while conducting, attending, or
participating in an activity or event which is authorized by a lawfully issued temporary street
closure permit or other permit issued by the city which permits use of the public sidewalk;
(7) Sitting on a public sidewalk within a bus zone while waiting for
public or private transportation.
(c) No person shall be cited under this section unless the person engages in
conduct prohibited by this section after having been notified by a law enforcement officer that he
or she is in violation of the prohibition in this Section 9.48.025 Sitting or lying on public
sidewalks in commercial downtown Palo Alto is prohibited.
//
//
//
//
//
070530 syn 0120231
NOT YET APPROVED
SECTION 3.
of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
AB S TENTIO NS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
This ordinance shall be effective on the thirty-first day after the date
Mayor
APPROVED:
City Manager
Police Chief
Director of Administrative
Services
070530 syn 0120231
3