HomeMy WebLinkAboutStaff Report 337-08TO:
FROM:
City
City of Palo Alto
Manager’s Report
HONORABLE CITY COUNCIL 7
CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE:
SUBJECT:
SEPTEMBER 15, 2008 CMR:337:08
ADOPTION OF AN ORDINANCE ADDING SECTIONS 22.04.342 AND
22.04.343 OF CHAPTER 22.04 OF TITLE 22 [PA’RK AND RECREATION
BUILDING USE AND REGULATIONS] OF THE PALO ALTO MUNICIPAL
CODE TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC
BEVERAGES IN HERITAGE PARK AND ELEANOR PARDEE PARK
RECOMMENDATION
Staff recommends that Council adopt the attached ordinance to add section 22.04.342 of Title 22 of
the Palo Alto Municipal Code, p~zohibiting the consumption of alcohol without a permit in Heritage
Park; and adding section 22.04.343 of Title 22 of the Palo Alto Municipal Code, prohibiting the
consumption of alcohol without a permit in Eleanor Pardee Park.
BACKGROUND
The City of Palo Alto maintains and manages 29 neighborhood parks, totaling approximately 190
acres. Palo Alto’s parks engage individuals and families to create a strong and healthy community.
In some parks, the City has found it necessary to prohibit or control the consumption of alcohol in
order to maintain a clean, safe and healthy environment.
Alcohol is completely prohibited in Johnson Park, Boulware Park, Scott Park, Greer Park, Robles
Park, Hopkins Park, E1 Palo Alto Park, as well as Cogswell Plaza and Lytton Plaza.
Alcohol is permitted with a permit in Rinconada Park and Mitchell Park.
The intent of the ordinances is to ensure that all people may enjoy Palo Alto’s parks and to protect
the rights of those in the surrounding area by controlling noise, litter, and vandalism commonly
associated with the unregulated consumption of alcoho!. The ordinances also aim to protect safety
and enhance the experience of park users by avoiding possible conflicts with disorderly behavior
manner due to excessive alcohol consumption.
DISCUSSION
Community Services staff has documented incidents of litter, including excessive alcoholic beverage
containers, at Heritage Park. Staff has conferred with neighbors of the park regarding controlling
alcohol in Heritage Park. Police, Community Services staff, and residents believe that a proactive
CMR.~7.08 Page 1 of 3
restriction of alcohol consumption without permits would help keep the park clean, safe and
enjoyable for everyone.
In the past year, Police ha~e noticed a marked increase in the number and frequency of complaints
from residents in the vicinity to Eleanor Pardee Park concerning large groups of people who are
consuming alcohol and creating disturbances during both the daytime and evening hours. An
increase in gang-related graffiti has also been experienced at Pardee Park. These groups of drinkers
frequently intimidate and frighten residents. Police have met with the neighbors and obtained their
cooperation in reporting suspicious activity when it is observed. Staff believes that restricting alcohol
consumption without a permit will be a useful tool in reducing these types of inappropriate activities
in the park.
On Augus~ 26, 2008, the Parks and Recreation Commission was asked to review and recommend
that Council adopt the ordinances prohibiting the consumption of alcohol without a permit in
Heritage Park and Eleanor Pardee Park. The Commission questioned why not prohibit alcohol in all
Palo Alto parks; and why specifically select Heritage and Eleanor Pardee Parks. Staff explained that
Eleanor Pardee Park was selected because of its large size (9.6 acres), numerous amenities, high park
visitation, history of alcohol related disturbances, and the requests from nearby residents. Heritage
Park was selected due to its proximity to the down town area where alcohol is readily available, its
history of alcoholic beverage .litter, and requests from nearby residents. The Commission
unanimously approved staff’s recommendation.
RESOURCE IMPACT
Neither new staff nor an increase in the number of patrols is proposed to enforce the alcohol
restrictions at Heritage Park and Eleanor Pardee Park. The penalty fee imposed for an administrative
citation ($100) for violation of this ordinance would cover the cost of staff time to issue and process
the citation.
To implement this ordinance, $500 would be used from the Parks operating budget to design,
fabricate, and install new signage for the two parks.
POLICY IMPLICATIONS
The proposed amendments are consistent with Policy C,26 of the Community Services element of
the Comprehensive Plan that encourages maintaining park facilities as safe and healthy community
assets. The proposed amendments are also consistent with existing Palo Alto Municipal Codes
22.04.336 and 22.04.337 restricting alcohol consumption without a permit at Rinconada Park and
Mitchell Park.
ENVIRONMENTAL ASSESSMENT
This is not a project subject to California Environmental Quality Act (CEQA) requirements.
ATTACHMENTS
Attachment A:
Attachment B:
Draft Ordinances
August 26, 2008 Parks and Recreation Commission Minutes
CMR:337:08 Page 2 of 3
PREPARED BY:
DEPARTMENT HEAD’
Senior Ranger, Open Space
~REG BE~S ~- ~
Interim Director, Community Services Department
CITY MANAGER APPROVAL:
JAMES I(~ENE
City Ma@r
CMR:337 08 Page 3 of 3
NOT YET APPROVED
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
ADDING SECTIONS 22.04.342 AND 22.04.343 OF CHAPTER 22.04
OF TITLE 22 [PARK AND RECREATION BUILDING USE AND
REGULATIONS] OF THE PALO ALTO MUNICIPAL CODE TO
PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN
HERITAGE PARK AND ELEANOR PARDEE PARK
The Council of the City of Palo Alto does ORDA1N as follows:
SECTION 1. Section 22.04.342 of Chapter 22.04 of Title 22 of the Palo Alto
Municipal Code is hereby added to read, as follows:
22.04.342 Heritage Park - Consumption of alcoholic beverages
prohibited without a permit.
(a) Except as provided in subsection (b) of this Section, it shall be unlawful
for any person to consume any alcoholic beverage in the park known as Heritage Park.
(b)Notwithstanding subsection (a) of this subsection, alcoholic beverages
may be consumed in Heritage Park only in accordance with, and subject to the conditions set
forth in, a permit granted by the director that allows such consumption in all or part of the park.
No such permit shall be granted if the director determines that issuance of the permit would
interfere with the normal operations or usage of the park or would otherwise threaten the public
health, safety, convenience, or welfare. The director shall require an applicant for such a permit
to furnish any information necessary to review and consider the application. The director shall
further require the applicant to provide insurance naming the City of Palo Alto as an additional
insured party to the policy, with minimum coverage as required by the city risk manager, as a
condition to issuance of the permit.
(c)Any person who violates this section is guilty of an infraction and upon
conviction thereof shall be punished as provided in Section 1.08.110 of this code. Each violation
constitutes a separate offense and may be separately punished.
SECTION 2. Section 22.04.343 of Chapter 22.04 of Title 22 of the Palo Alto
Municipal Code is hereby added to read, as follows:
22.04.343 Eleanor Pardee Park - Consumption of alcoholic beverages
prohibited without a permit.
(a) Except as provided in subsection (b) of this Section, it shall be unlawful
for any person to consume any alcoholic beverage in the park lcnown as Eleanor Pardee Park.
(b) Notwithstanding subsection (a) of this subsection, alcoholic beverages
may be consumed in Eleanor Pardee Park only in accordance with, and subject to the conditions
082508jb 0073053 1
NOT YET APPROVED
set forth in, a permit granted by the director that allows such consumption in all or part of the
park. No such permit shall be granted if the director determines that issuance of the permit
would interfere with the normal operations or usage of the park or would otherwise threaten the
public health, safety, convemence, or welfare. The director shall require an applicant for such a
permit to furnish any information necessary to review and consider the application. The director
shall further require the applicant to provide insurance naming the City of Palo Alto as an
additional insured party to the policy, with minimum coverage as required by the city risk
manager, as a condition to issuance of the permit.
(c)Any person who violates this section is guilty of an infraction and upon
conviction thereof shall be punished as provided in Section 1.08.110 of this code. Each
violatio0n constitutes a separate offense and may be separately punished.
SECTION 3. .The Council finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
SECTION 4.
date of its adoption.
This ordinance shall be effective on the thirty-first day after the
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Senior Asst. City Attorney City Manager
Director of Community Services
Police Chief
082508jb 0073053 2
DRAFT
MINUTES
PARKS & RECREATION COMMISSION
August 26, 2008
City Hall
250 Hamilton Ave
Commissioners Present: Deirdre Crommie, Joel Davidson, Carl King, Paul Losch, Pat
Markevitch, Alex Panelli, Daria Walsh
Commissioners Absent:
Others Present:
Staff Present:Greg Betts, Catherine Bourquin, Rob de Geus, Donald Piana, Daren
Anderson, Shia Geminder
I.ROLL CALL CONDUCTED BY: Catherine Bourquin
II.ORAL COMMUNICATIONS - None
Ill.AGENDA CHANGES, REQUESTS, and DELETIONS: Staff Betts reminded the
Commissioners that they had a full agenda and to be mindful of the time when discussing
any of the issues.
IV. BUSINESS:
1. Approval of Draft Minutes of July 22, 2008 regular meeting The Draft Minutes of
July 22, 2008 were approved with one correction. Approved 6:labsention (King)
August 26.2008 Draft Minutes
Review Draft City of Palo Alto and PAUSD Field Use Policy - Staff de Geus
introduced Shia Geminder, Recreation Supervisor. Staff Geminder briefly described
how the policy came about. The City of Palo Alto currently does not have a Field Use
Policy. He informed the Commissioners that the draft of the policy is currently being
reviewed by the City Attorney’s office for legal issues. The Draft policy was made
available to the general public through the City’s web site for public comment. The
timeline for getting this draft policy completed is November 2008 in order to be
implemented for spring brokering. There were two reoccurring issues that reviewers
identified, both related to eligibility requirements in section 5. The Commission is being
asked for assistance with helping clarify the eligibility requirements.
DRAFT
The Commissioners were given the opportunity to ask questions and provide comments
on the Draft Field Use Policy.
Oral Communications
Brigitte Turnemure, 845 Garland Drive PA - Up until 3 years ago it was very pleasant
living on Garland Drive. The City hasn’t limited the availability and hours for Jordan
field use.
Faith Braff, Garland Drive PA - Doesn’t feel the policy will improve the noise
conditions at Jordan. The policy doesn’t restrict the users group or amount of play.
Manu Kumar, Garland Drive PA - Concerned more with how much play is being done
at Jordan. The current policy doesn’t help the issue at Jordan.
Ian Bimpson, 1744 Crane Ave Mt. View Feels that brokering is unfair to competitive
adult soccer. With the new policy their club (Harmonie Soccer Club) has lost all of
their practice time
Bob McCormick, 502 Los Gatos Way, San Mateo -Harmonie Soccer Club, spoke on
Community and that their soccer club has been in Palo Alto for 45 years. Would like
the tradition of staying in Palo Alto to continue but is worried with the policy that is
being implemented will end the tradition.
Bert Baldaccini, 511 De Anza Ave - Coach of Harmonie Soccer Club, feels that they
are being threatened by all the recreational teams in Palo Alto.
Bruce Mc Leod, 1404 Bryant St, PA - Member of the Grasshopper Soccer Club, feels
that this policy will restrict the smaller less dominant teams.
Paul Skokowski, 1319 Tasso PA - Spoke on the use of Hoover field for Little League
games. Spoke on the residency requirements.
Chair Markevitch opened up the floor to questions from the Commission to conclude
this agenda item which will be coming back to the Commission in September.
Staff de Geus affirmed that they had made special provisions categorizing Jordan as a
level "4" field, which wilt limit the usage time on that field.
3.Continued from August 19, 2008 Special Meetin~ - Review of the Bavlands Master
Plan Update for or Errors or Omissions -
August 26, 2008 Draft Minutes 2 ,,:~
DRAFT
Staff Betts reminded the Public and Commission that this item was closed for Oral
Colnmunications at the August 19, 2008 special meeting. StaffBetts also instructed the
Commission that this item required a motion from the Commissioners, either to one
recommend the adoption to Council as presented with any corrections or you may take
vote to take no action at all. Gloria Humble of the Planning Department was available
for questions but would not be making another presentation on the topic tonight.
Chair Markevitch asked the Commissioners if they had any comments or questions
on the topic and started with Commissioner Losch.
Losch Was appreciative of the work that went into the plan and had no further
comments.
Crommie Provided her edits and suggestions and gave them to Gloria Humble in
written handout. The edits were discussed and accepted for inclusion in the Baylands
Master Plan Update.
Alex - Had no further comments.
Walsh - Agreed with Commissioner Crommie’s edits.
King - Had no further comments.
Davidson- Had no further comments.
Chair Markevitch closed the discussion and a motion was made by Walsh.
Motion:Motion made by Commissioner Walsh and seconded by Commissioner
King to approve the Baylands Master Plan as updated with the inclusion
of any edits and omissions.
Passed: 7:0
Staff Betts requested a representative from the Commission to go to the Council meeting
when this item goes to Council. It was agreed that Colnmissioner Crommie would act on
behalf of the Parks and Recreation Commission.
do Continued from August 19, 2008 meeting - Recommendation to Council on the Use of
Byxbee Park Hills as a site for compostin~ operations-
Chair Markevitch reminded the Public and Commission that a recommendation is requested
of the Commission and that this was continued from the Special Meeting on August 19, 2008
and that Oral Communications was closed at that time.
Staff Betts informed the Commission that Matt Raschke from Public Works was here to
follow up with any answers to questions the Commission might have. Staff Betts continued
by informing the Comlnission that they had two considerations to make.
1. Is composting compatible with park use? And
August 26, 2008 Draft Minutes 3
DRAFT
Will the Commission recommend to Council the continuation of composting on park land
or not? They could also suggest to Council that they would like them to direct Pubic
Works to investigate the possibility of other locations beyond the four sites considered.
Chair Markevitch asked the Commissioners for any comlnents or questions on this issue.
After a brief question and answer session the Commissioners agreed to make a motion on
this item.
Motion:Motion by Commissioner King, seconded by Commissioner Davidson:
We (Park and Recreation Commission) believe that large-scale
composting is incompatible with park land use.
Passed 7:0
Motion:Motion by Commissioner Panelli, seconded by Commissioner King: We
(Park and Recreation Commission) recommend that the City Council
direct staff to continue evaluation of alternative non-parkland sites,
including those three sites within the staff report, as well as studying
alternative technologies to windrow composting..
Passed: 6:1 (Commissioner Losch voting no)
The item should be going before Council in September: It was agreed that
Commissioner Crommie would attend to represent the Parks and Recreation
Commission.
5.Recommendation from Commission to Council on the Adoption of an Ordinance to
Prohibit the Consumption of alcoholic Beverages in Heritage and Eleanor Parks.
Staff Anderson, Senior Ranger, was introduced and presented the Commission with a brief
background on the use of alcohol in city parks. The Commission was being requested to
recommend the adoption of an ordinance to prohibit the consumption of alcoholic
beverages in Heritage and Eleanor Parks.
Motion: Motion made by Commissioner King, seconded by Commissioner Panelli to
approve the recommendation to adopt an ordinance to prohibit the
consumption of alcoholic beverages in Heritage and Eleanor Parks.
Passed: 7:0
The Colnmission had a brief discussion on the use of alcohol in city parks. The ordinance
will state that alcoholic beverages used at these parks be by permit use only.
V. COMMENTS AND ANNOUNCEMENTS
August 26, 2008 Draft Minutes 4
DRAFT
1. Chair Markevitch announced to the Commission that she went to the VTA meeting and
pleaded the case of considering a pedestrian overpass at the San Antonio location when
they are increasing the lanes on 101.
2. Staff Betts went over the California Parks and Recreation Conference flyer that was
provided to the Commission that evening. The conference is being held in March,
2009 and the Commission has the opportunity to have a maximum of two
Commissioners attend. Commissioner Davidson expressed his interest in attending.
3. Commissioner Davidson announced that Michael Clossen the Executive Director of
Acterra, is doing well after a recent accident in France.
4. Commissioner Panelli comlnended Chair Markevitch on the running of tonight’s meeting.
5. Commissioner Crommie inquired on training for instruction on speaking with the
Media on issues related to the Parks and Recreation Commission. Staff would assist
the Colnmission with guidance in this area.
VI.TENTATIVE AGENDA FOR SEPTEMBER REGULAR MEETING: September 23, 2008
1. Approval of the minutes of the August 26, 2008, regular commission meeting.
2. Approval of the minutes of the special meeting of August 19, 2008
3. Review of Banning Smoking in City Parks and Facilities
4. Review and Action on the Draft City of Palo Alto and PAUSD Field Use Policy
VII. ADJOURNMENT
The aneeting was adjourned at 10:20 pan in honor of the Palo Alto 14 Babe Ruth team.
August 26, 2008 Draft Minutes