HomeMy WebLinkAbout2013-08-12 City Council Agenda PacketCITY OF PALO ALTO
CITY COUNCIL Special Meeting
Council Conference Room
August 12, 2013
6:00 PM
Agenda posted according to PAMC Section 2.04.070. Supporting materials are available in the
Council Chambers on the Thursday preceding the meeting.
1 August 12, 2013
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
DURING NORMAL BUSINESS HOURS.
Call to Order
Study Session 6:00-7:00 PM
1. Potential List of Topics for Joint Meeting with the City Council and
Library Advisory Commission
COUNCIL CHAMBERS
Agenda Changes, Additions and Deletions
HEARINGS REQUIRED BY LAW: Applications and/or appellants may have up to ten minutes at the outset of the public discussion to make their remarks and put up to three minutes for concluding remarks after other members of
the public have spoken.
OTHER AGENDA ITEMS: Public comments or testimony on agenda items other than Oral Communications shall be
limited to a maximum of three minutes per speaker.
City Manager Comments 7:00-7:10 PM
Oral Communications 7:10-7:25 PM
Members of the public may speak to any item not on the agenda; three minutes per speaker. Council reserves the
right to limit the duration of Oral Communications period to 30 minutes.
Minutes Approval 7:25-7:30 PM
June 10, 2013
June 13, 2013
June 17, 2013
June 24, 2013
June 28, 2013
Consent Calendar 7:30-7:35 PM
Items will be voted on in one motion unless removed from the calendar by two Council Members.
2. Approval of Additional CDBG Entitlement Funds for Fiscal Year 2014 in the
Amount of $111,091 including an Additional Allocation of $38,000 to
Avenidas from the City's Federal Line of Credit and Adoption of Related
Budget Amendment Ordinance
2 August 12, 2013
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
DURING NORMAL BUSINESS HOURS.
Action Items
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials,
Unfinished Business and Council Matters.
7:35-8:20 PM
3.Adoption of a Resolution Allowing the Implementation of a One-Year
Trial No Overnight Parking (2AM-5AM) Program on Streets within the
Crescent Park Neighborhood (Continued from August 5, 2013)
8:20-9:20 PM
4. Adoption of an Ordinance Amending Chapter 9.14 (Smoking
Regulations) of the Municipal Code to Either Ban Smoking in All City
Parks, or Ban Smoking in City Parks Except the Municipal Golf Course
and a Designated Area at Mitchell, Greer and Rinconada Parks;
Increase No-Smoking Buffer Zones; and Make Findings
9:20-10:05 PM
5. Review of the City of Palo Alto/ Neighbor's Abroad Sister Cities
Program, Discussion of International Relationships Strategy,
Authorization to Engage in a Non-Binding "Smart Cities Partnership
Agreement" with the City of Heidelberg, Germany, and Direction on
Exploring Future "Smart City" Partnerships
10:05-10:45 PM
6. From the Policy and Services Committee: Boards and Commissions
Recruitment Program Revisions
Council Member Questions, Comments and Announcements 10:45-11:00 PM
Members of the public may not speak to the item(s)
Adjournment
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PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council/Committee concerning any item that is
described in the notice of this meeting, before or during consideration of that item. If you wish to address the
Council/Committee on any issue that is on this agenda, please complete a speaker request card located on the table at the entrance to the Council Chambers, and deliver it to the City Clerk prior to discussion of the item. You
are not required to give your name on the speaker card in order to speak to the Council/Committee, but it is very
helpful.
3 August 12, 2013
MATERIALS RELATED TO AN ITEM ON THIS AGENDA SUBMITTED TO THE CITY COUNCIL AFTER DISTRIBUTION OF THE AGENDA
PACKET ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK’S OFFICE AT PALO ALTO CITY HALL, 250 HAMILTON AVE.
DURING NORMAL BUSINESS HOURS.
Additional Information
Standing Committee Meetings
Special City Council Meeting 8/8/2013
CAO Committee Closed Session
Policy and Services Committee Meeting
City Council ARB Interviews
Special City Council Closed Session
City/School Meeting
Schedule of Meetings
Schedule of Meetings
Tentative Agenda
Tentative Agenda
Public Letters to Council
SET 1 SET 2 SET 3 SET 4 SET 5 SET 6
City of Palo Alto (ID # 4012)
City Council Staff Report
Report Type: Study Session Meeting Date: 8/12/2013
City of Palo Alto Page 1
Summary Title: Joint Study Session Meeting Date of 08/12/13
Title: Potential List of Topics for Joint Meeting with the City Council and
Library Advisory Commission
From: City Manager
Lead Department: Library
Below are the potential topics of discussion for the joint meeting with the
Library Advisory Commission on August 12, 2013 at 6:00 p.m.
I. Introduce and Review LAC Accomplishments in the Past Year
a. Finance and Metrics
b. Virtual Branch
c. Mitchell Park Library
d. Renaming of Main Library
e. Advocacy Presentation
II. Council Questions
City of Palo Alto (ID # 3953)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/12/2013
City of Palo Alto Page 1
Summary Title: CDBG Fiscal Year 2014 Budget Update
Title: Approval of Additional CDBG Entitlement Funds for Fiscal Year 2014 in
the Amount of $111,091 including an Additional Allocation of $38,000 to
Avenidas from the City's Federal Line of Credit and Adoption of Related
Budget Amendment Ordinance
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff Recommends a City Council MOTION to:
Approve additional CDBG entitlement funds for Fiscal Year 2014 in the amount of $111,091
including an additional allocation of $38,000 to Avenidas from the City's Federal Line of Credit
and adoption of related Budget Amendment Ordinance.
Executive Summary
The City Council approved the Community Development Block Grant (CDBG) program budget at
its May 6, 2013 meeting. At the time staff had not yet received notification from the U.S.
Department of Housing and Urban Development (HUD) regarding its final entitlement grant
amount for Fiscal Year 2014. As such, an estimated amount was used for planning purposes.
Subsequently staff received formal notification of the City’s final allocation and the amount was
higher than anticipated. While staff has the authorization to make adjustments increasing or
decreasing the funding amounts as set forth in the Adopted Citizen Participation Plan and has
submitted the necessary documentation to finalize the City’s application for funding, a Budget
Amendment Ordinance (BAO) totaling $111,091 is required to appropriate these funds that will
increase the Fiscal Year 2014 source of funds from HUD by that amount.
City of Palo Alto Page 2
Staff also requests $38,000 of the $111,091 to be allocated to Avenidas from the City’s Federal
Line of Credit. Council approved the HVAC Upgrade project as part of the Fiscal Year 2013 CDBG
Program budget (May 7, 2012) and this allocation will fund the completion of the project.
Background
On May 6, 2013, the City Council approved the Fiscal Year 2014 CDBG budget using an
estimated entitlement grant amount. Given the mandatory across-the-board cuts set forth by
the Federal budget sequestration staff used a conservative approach in projecting the
entitlement grant amount. On May 29, 2013 the City received formal notification from HUD of
its final allocation amount of $467,192; representing $73,091 more than anticipated bringing
the total amount available for allocation to $639,848. This total amount includes a final
entitlement grant amount for Fiscal Year 2014 of $467,192, estimated program income in the
amount of $62,607 and $110,049 in prior year resources.
The CDBG program experienced a net increase in funding from the Federal Fiscal Year 2012 to
Federal Fiscal Year 2013. Specifically, in Federal Fiscal Year 2012 the HUD appropriation law
directed that $300 million of the CDBG funding appropriation be allocated for disaster recovery,
thus reducing the funding available for formula distribution for this year. This set-aside for
disaster recovery grants did not carry over to the Federal Fiscal Year 2013 Continuing
Resolution, therefore increasing the funds available for national CDBG formula funding levels by
4.4 percent from Federal Fiscal Year 2012 to Federal Fiscal Year 2013 despite the mandatory
reductions as a result of sequestration.
For Palo Alto, the final allocation amount of $429,287 represents an increase of 8.8 percent
over the Federal Fiscal Year 2012 allocation, correlating with the City’s Fiscal Year 2013. It
should be noted however that the $467,192 CDBG allocation still represents a significant
reduction in funding compared to previous years. Using Fiscal Year 2005’s allocation of
$779,281 as a baseline, this latest allocation represents a reduction of approximately forty
percent.
Discussion
While the Adopted Citizen Participation Plan authorized staff to make adjustments to the
allocations, the BAO appended to this report as Attachment A is required to increase the
estimate for earned revenue by $111,091 and authorize the expenditure of the additional
funds. The increase in the estimate for earned revenue includes a recommendation to allocate
an additional $38,000 of prior year unprogrammed funds to the Avenidas HVAC Upgrade
Project. Together these actions will formalize receipt of additional funds in the budget and
position the City in meeting its timeliness expenditure requirements by April 30, 2014.
City of Palo Alto Page 3
Fiscal Year 2014 Additional Funds
Funds were allocated amongst three funding categories; public service, planning and
administration, and economic development. HUD places spending caps on both public service
activities and planning and administration activities; 15 percent and 20 percent respectively.
The distribution of funds factored the past performance of the agency and the selection
committee aimed at minimizing the impact of the reduction in funds. As such, the same
approach was taken to distribute the additional funding. First staff recalculated the statutory
spending caps to determine the maximum amount of funds that can be distributed to each
category. The following summarizes the updated calculations for these funding limitations:
Maximum Available for Public Services
Final 2014 CDBG Entitlement Grant $467,192
2013 Actual Program Income Received1 $223,042
$690,234
Public Service Cap (15% of $690,234): $103,535
Maximum Available for Planning/Administration
Final 2014 CDBG Entitlement Grant $467,192
Estimated 2014 Program Income $ 62,607
$529,799
Planning/Administration Cap (20% of $529,799): $105,960
Staff explored several options including but not limited to an 8.8 percent increase across the
board to all activities. Ultimately, staff considered each agency’s proportional share of funds
approved for Fiscal Year 2014 within their respective funding category. Table 1, Fiscal Year
2014 Allocation Summary, outlines the requests received for funding, the adopted allocations,
how the additional funding has been distributed, and the revised allocation totals. Each
grantee will receive an amount which represents a proportional share of funds as the amount
originally allocated, up to the amount requested with the balance of funds distributed amongst
the remaining agencies. In summary, each agency will either be receiving the amount they
1 Actual Program Income received in Fiscal Year 2013 includes $62,608 from Palo Alto Housing Corporation,
$54,374 in Fiscal Year 2012 excess program income from Palo Alto Housing Corporation, $5,000 from a Housing
Improvement Program Loan Repayment, and a loan repayment of $101,060 from Palo Alto Housing Corporation.
City of Palo Alto Page 4
requested or more than they received last Fiscal Year. Costs associated with the City of Palo
Alto- Planning and Administration allocation were reviewed and an increase of $9,010 is
recommended to ensure administration expenses are fully recovered within the Community
Development Block Grant Fund and that the General Fund does not need to subsidize these
costs. The only project that will not be receiving additional funding is the Pilot Microenterprise
Assistance Program. Given the project is a pilot, staff feels it is appropriate to allocate the
funding to the other activities.
Table 1: Fiscal Year 2014 Allocation Summary
Agency Request Adopted
Allocations
Additional
Funding
Revised
Allocations
Public Service (15% CAP =$103,535)
Palo Alto Housing Corp. –
SRO Resident Support
$43,166 $24,000 $8,413 $ 32,413
Catholic Charities of Santa Clara County –
Ombudsman Program
$ 6,500 $ 5,000 $1,500 $ 6,500
InnVision Shelter Network –
Opportunity Services Center
$50,000 $35,162 $13,690 $48,852
YWCA/Support Network –
Domestic Violence Services
$10,000 $ 7,500 $2,500 $10,000
Silicon Valley Independent Living Center –
Housing and Emergency Services
$ 5,000 $ 5,000 $ 770 $ 5,770
Public Service Total $114,666 $76,662 $26,873 $103,535
Planning & Administration (20% CAP =$105,960)
Project Sentinel –
Fair Housing Services
$31,950 $26,342 $5,608 $ 31,950
City of Palo Alto –
Planning and Administration
$65,000 $65,000 $9,010 $ 74,010
Planning and Administration Total $96,950 $91,342 $14,618 $105,960
Economic Development
City of Palo Alto –
Pilot Microenterprise Assistance Program
$150,000 $150,000 - $150,000
City of Palo Alto Page 5
Downtown Streets Team –
Workforce Development Program
$314,100 $248,753 $31,600 $280,353
Economic Development Total $464,100 $398,753 $31,600 $430,353
GRAND TOTAL $675,716 $566,757 $73,091 $639,848
Project Budget Increase – Avenidas HVAC Upgrade
Originally approved as part of the Fiscal Year 2013 CDBG budget, the Avenidas HVAC Upgrade
project is currently under construction and staff wishes to increase the project budget of
$135,000 by $38,000. Avenidas is required to abide by federal procurement guidelines in the
selection of a contractor that includes the payment of prevailing wages. Bids received by
prospective bidders were higher than projected and the current allocation amount is not
enough to cover the full cost of the work. Moreover, additional work is now required that
increases the project budget for Avenidas. The City currently has unprogrammed funds in its
Federal Line of Credit and staff is requesting an allocation of $38,000 to Avenidas to assist with
the completion of the project. It should be noted these funds cannot be used to fund public
service activities given the statutory spending cap.
According to the City’s adopted Citizen Participation Plan, unprogrammed funds can be
allocated to an existing activity without a substantial amendment as long as it does not
represent more than ten percent of the most current allocation amount. However, similar to
the allocation of the additional funds for Fiscal Year 2014, while staff has the authorization to
allocate these funds a BAO is required to increase the estimate for earned revenue and
authorize the expenditure of the funds.
Recognizing and appropriating these additional funds enhances the overall performance of the
City’s CDBG program. One of the regulatory requirements of the CDBG program includes the
timely use of funds and limits the amount of funds grantees can retain in its federal line of
credit. Given the continued reduction in the City’s annual allocation and the unpredictability of
program income resulting from loan repayments, it is becoming increasingly more difficult to
meet the timeliness expenditure requirements. HUD has advised Palo Alto to evaluate slow-
moving projects and redirect funds to projects like Avenidas which are showing progress.
Resource Impact
Appropriation of the additional funds requires a BAO to authorize spending of the additional
$73,091 the City will receive in Fiscal Year 2014 CDBG entitlement grant funds and the $38,000
prior year unobligated entitlement grant funds staff is requesting to allocate to Avenidas.
Additionally, the BAO increases the estimate of earned revenue by an additional $111,091 from
HUD for Fiscal Year 2014. The additional funds are entitlement CDBG grant funds not currently
City of Palo Alto Page 6
programed and proceeds from the City’s Federal Line of Credit. As such, no general fund
impact is anticipated as a result of this action.
Policy Implications
As previously noted, all of the applications recommended for funding in Fiscal Year 2014 are
consistent with the priorities established in the City’s adopted Consolidated Plan for the period
2010 to 2015.
Environmental Review
For purposes of the National Environmental Policy Act (NEPA) and the California Environmental
Quality Act (CEQA), this action itself is not a project; therefore, no environmental impact
assessment is necessary.
Attachments:
Attachment A: CDBG Budget Amendment Ordinance (DOC)
Attachment B: May 6, 2013 City Council Meeting Minutes (PDF)
ATTACHMENT A
ORDINANCE NO. XXXX
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR FISCAL YEAR 2014 TO PROVIDE
ADDITIONAL APPROPRIATION OF $111,091 IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND TO
FUND ADDITIONAL PUBLIC SERVICE ($26,873), PLANNING
AND ADMINISTRATION ($14,618), ECONOMIC DEVELOPMENT
($31,600) ALLOCATIONS, AS WELL AS THE AVENIDAS HVAC
UPGRADE PROJECT ($38,000), AND TO INCREASE THE
ESTIMATE FOR FEDERAL REVENUES IN THE AMOUNT OF
$111,091 DUE TO ADDITIONAL CDBG PROCEEDS FROM THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD).
The Council of the City of Palo Alto does ordain as follows:
SECTION 1. The Council of the City of Palo Alto finds and
determines as follows:
A. Pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on
June 10, 2013 did adopt a budget for Fiscal Year 2014; and
B. At the time the 2014 Adopted Budget was being
considered by the City Council, the U.S. Department of Housing
and Urban Development had not provided notification of its
final entitlement grant amount; and
C. The 2014 Adopted Budget in the Community Development
Block Grant Fund was based on an estimated entitlement grant
amount; and
D. On May 29, 2013 the received formal notification from
HUD of its final allocation amount, representing $73,091 more
than anticipated; and
E. Additional funds are to be allocated for public
service ($26,873), Planning and Administration ($14,618) and
Economic Development ($31,600) purposes; and
F. With the additional funding being made available, each
agency, with the exception of the Microenterprise Assistance
Pilot Program, will either be receiving the requested amount
or more than was received in the prior fiscal year; and
G. The changes recommended in this ordinance are
procedurally allowable under the City Council approved Citizen
Participation Plan; and
H. The Avenidas HVAC Upgrade project, originally approved
as part of the 2013 Adopted Budget, is currently under
construction and in need of additional funding due to higher
than anticipated bids and a greater scope of work than
originally anticipated; and
I. Unprogrammed funds in the City’s Federal Line of
Credit in the amount of $38,000 are available to assist in the
completion of this project, and these funds are not available
for public service activities given the statutory spending
cap.
SECTION 2. The sum of One Hundred Eleven Thousand and
Ninety One Dollars ($111,091) is hereby appropriated for
various grants and the Avenidas HVAC Upgrade project, and the
estimate for Federal Revenue in the Community Development
Block Grant Fund is correspondingly increased.
SECTION 4. As specified in Section 2.28.080(a) of the
Palo Alto Municipal Code, a two-thirds vote of the City
Council is required to adopt this ordinance.
SECTION 5. As provided in Section 2.04.330 of the Palo
Alto Municipal Code, this ordinance shall become effective
upon adoption.
SECTION 6. The Council of the City of Palo Alto hereby
finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental
impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Director of Public Works
Director of Administrative
Services
CITY OF PALO ALTO CITY COUNCIL
EXCERPT MINUTES
Page 1 of 3
Special Meeting
May 6, 2013
17.Public Hearing: Adoption of a Resolution 9333 entitled “Resolution of
the Council of the City of Palo Alto Approving the Proposed Fiscal Year
2014 Community Development Block Grant Funding Allocations and
the Draft 2014 Action Plan.”
Consuelo Hernandez, Planner, presented the Community Development Block
Grant (CDBG) allocations for Fiscal Year (FY) 2014. Palo Alto received funds
under the CDBG program to fund a variety of activities benefiting primarily
low- and moderate-income residents. Over the past few years, Palo Alto
received approximately $700,000 annually in entitlement grants. Funding
declined 17 percent in FY 2012 and 29 percent in FY 2013, with a proposed
reduction of 8.2 percent in FY 2014. Once Staff received the final allocation,
they would adjust allocations as necessary. Pursuant to the statutory
spending cap on public service activities, the maximum amount available
was $76,662. Staff proposed funding for five public service activities: Palo
Alto Housing Corporation, Catholic Charities, InnVision Shelter Network,
YWCA Support Network, and Silicon Valley Independent Living Center.
Pursuant to the statutory spending cap on planning and administration costs,
Staff requested the maximum amount of $91,342 to reimburse CDBG
administrative expenses and to fund fair housing services. For FY 2014,
Staff proposed funding of $398,753 for a Pilot Microenterprise Assistance
Program and a Workforce Development Program. The Finance Committee
reviewed and voted unanimously to fund these allocations on April 16, 2013.
Public Hearing Opened at 9:36 P.M.
Ann Marquant, Executive Director of Project Sentinel, appreciated Staff's
recommendation to fund Project Sentinel. She was available to answer
questions.
Public Hearing Closed at 9:37 P.M.
Council Member Burt indicated the public participated extensively at the
Finance Committee's discussion of the CDBG Program.
ATTACHMENT B
EXCERPT MINUTES
Page 2 of 3
City Council Meeting
Excerpt Minutes: 5/6/13
MOTION: Council Member Burt moved, seconded by Council Member Price
to: 1) adopt the attached funding Resolution allocating CDBG funding as
recommended by staff in the 2014 Action Plan; 2) authorize staff to submit
the 2014 Action Plan to the Department of Housing and Urban Development
by the May 15, 2013 deadline; and, 3) authorize the City Manager, or
designee, to execute the 2014 application and Action Plan for CDBG funds
and any other necessary documents concerning the application and grant
agreements and to otherwise bind the City with respect to the application
and commitment of funds.
Council Member Price felt the outcomes from funding would be impressive.
Council Member Holman requested clarification of adjustments to funding.
Ms. Hernandez reported Staff would make adjustments to allocations once
they received the annual allocation from the U.S. Department of Housing
and Urban Development (HUD). Amounts used for planning purposes were
based on an 8.2 percent reduction.
Council Member Holman asked if Staff could separate the administrative
costs from the total allocation of $150,000. She suggested Staff provide
more time and more outreach for the public regarding notice of the CDBG
Program.
Curtis Williams, Director of Planning and Community Environment, indicated
Staff would determine ways to enhance outreach. He inquired whether
Council Member Holman was referring to a breakdown of the $101,000
amount.
Council Member Holman answered the $150,000 allocation for the Micro
Assistance Program, and suggested Staff separate the administrative portion
from the total $150,000 allocation.
Ms. Hernandez explained that some agencies used a portion of funds for
salaries and a portion for other items such as equipment. Of the $150,000
total allocation, $36,000 was estimated to be used for administrative costs
with the balance for direct services. Staff tracked their time for
administrative costs via time cards.
Council Member Holman wanted the document to be clearer.
Council Member Schmid noted funding for important City services declined
approximately 42 percent from 2008 to the present.
EXCERPT MINUTES
Page 3 of 3
City Council Meeting
Excerpt Minutes: 5/6/13
MOTION PASSED: 8-0 Kniss absent
City of Palo Alto (ID # 3969)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/5/2013
City of Palo Alto Page 1
Summary Title: Crescent Park No Overnight Parking Resolution
Title: Adoption of a Resolution Allowing the Implementation of a One-Year
Trial No Overnight Parking (2AM-5AM) Program on Streets within the
Crescent Park Neighborhood
From: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that Council adopt a resolution authorizing staff to implement a one-year
trial for No Overnight Parking (2AM-5AM) program within certain street blocks of the Crescent
Park Neighborhood.
Background
Citizens from the Crescent Park Neighborhood reached out to the City earlier this year
requesting that the City implement parking restrictions within their neighborhood in order to
limit parking intrusion from outside the neighborhood. This request was based on complaints
involving overcrowded streets, blocking of driveways, noise and litter caused by overnight
street parking. Following the initial request, the City implemented full-time, “No Parking”
restrictions along Newell Road between Edgewood Drive and the Newell Road Bridge. Traffic
calming improvements to improve pedestrian safety at Newell Road and Edgewood Drive and
Newell Road and Hamilton Avenue were also implemented. These improvements included
crosswalk improvements and all-way stop intersection controls.
The Crescent Park citizens requested additional parking restrictions, initially along Edgewood
Drive and worked with staff to develop and circulate petitions for No Overnight Parking (2AM-
5AM) for the following roadway segments, to manage the expected limits of parking intrusion:
Edgewood Drive: Southwood Drive to Jefferson Drive
Phillips Road: Edgewood Drive to Madison Way
City of Palo Alto Page 2
Hamilton Avenue: Island Drive to Madison Way
Dana Avenue: Half-Block sections north and south of Newell Road
Newell Road: Dana Avenue to Edgewood Drive
Following receipt of the petitions in June, staff released a follow-up post card survey to validate
resident interest from each separate street block. These surveys were released throughout the
month of July. Please note that the additional street block segments of Edgewood Drive
between Southwood Drive and Island Drive were added to the post card survey following a
petition received after the release of the initial post card surveys. The following additional
street blocks have requested or submitted petitions for the No Overnight Parking restrictions
but postal surveys have not yet been administered:
Edgewood Drive: Jefferson Drive to Patricia Lane
Hamilton Avenue: Center Drive-Southwood Drive to Island Drive
Hamilton Avenue: Madison Way to Alester Avenue
Madison Way: Hamilton Avenue to Jefferson Drive
Jefferson Drive: Hamilton Avenue to Edgewood Drive
City staff required a minimum 70% support response from each street block to forward the
restrictions to the Council for consideration. 70% has been the standard positive response rate
used in Palo Alto for traffic calming programs. These restrictions would apply to resident
vehicles, not just non-residents, and would be enforced by the Police Department. Overnight
guest permits will be made available for residents that require parking for their guests at a cost
of $5.00 per permit per night. Even with the guest permits, standard parking restrictions
governed by the California Vehicle Code and Palo Alto Municipal Code continue to apply
including a 72-hour parking restriction to avoid the storage of vehicles within the public right-
of-way.
The City has continued to accept responses to the post card survey through the month of July
leading to the council meeting where this resolution will be considered. Table 1 below provides
the findings of the post card survey through July 30th:
Table 1
Crescent Park Neighborhood Post Card Survey Response
No Overnight Parking (2AM-5AM) Considerations
City of Palo Alto Page 3
No. Street Block Segment No. of
Households
No. of Survey
Responses
(Yes and No)
% Positive
Support from
Responses
1 Edgewood
Drive
Southwood Dr
to Island Dr
7 5 100%
2 Edgewood
Drive
Island Dr to
Newell Rd
20 18 94%
3 Edgewood
Drive
Newell Rd to
Jefferson Dr
18 15 80%
4 Phillips
Road
Edgewood Rd
to Madison Wy
9 9 89%
5 Hamilton
Avenue
Island Dr to
Newell Rd
28 20 70%
6 Hamilton
Avenue
Newell Rd to
Madison Wy
14 10 70%
7 Dana
Avenue
North of Newell
Rd
14 10 30%
8 Dana
Avenue
South of Newell
Road
16 13 54%
9 Newell
Road
Edgewood Dr
to Hamilton Av
3 3 100%
10 Newell
Road
Hamilton Av to
Dana Av
4 4 100%
The post card survey shows that a majority of residents living on street blocks along Newell
Road and towards the easterly limits of Crescent Park are in support of the No Overnight
Parking Restrictions with only both blocks of Dana Avenue not currently in support of the
restrictions.
Staff recommends implementation of the No Overnight Parking (2AM-5AM) for the streets that
have positive support (70%+) for the restrictions to be implemented as a Phase 1 deployment
City of Palo Alto Page 4
by September. Streets that opt to add in later can be deployed immediately upon receipt of a
new petition and administration of another post card survey as a Phase 2 deployment.
Under the current proposal, street blocks that did not have strong support for immediate
implementation of the No Overnight Parking (2AM-5AM) restrictions could opt in later. This
recommendation is consistent with the conversations staff has had with neighborhood leaders.
Therefore, staff requests authorization to implement additional restrictions in the future as part
of this resolution including the blocks of: Edgewood Drive between Jefferson Drive and Patricia
Lane; Hamilton Avenue: Center Drive-Southwood Drive to Island Drive; Hamilton Avenue
between Madison Way and Alester Avenue; Madison Way: Hamilton Avenue to Jefferson Drive;
and Jefferson Drive: Hamilton Avenue to Edgewood Drive, if supported by residents, for which a
post card survey will be released following approval of the proposed resolution. Attachment A
includes the Resolution. Attachment B describes the proposed Phase 1 and Phase 2 No Parking
(2AM-5AM) considerations. Attachment C includes a sample of the post card survey released
by the City.
It is important to note that this is a proposed as a one-year pilot program. Staff will continue to
work with neighborhood residents, as well as adjacent neighborhoods and communities to
ensure that the program is being implemented as effectively as possible. Furthermore, staff will
evaluate the ultimate request from many neighborhood residents for a Residential Permit
Parking (RPP) program. Finally, staff will continue to work with City of East Palo Alto staff and
nearby apartment owners on addressing the parking supply issue that is resulting in the need
for this parking restriction trial.
The City held a community meeting July 30th to present the above findings to residents.
Residents noted that the proposed No Overnight Parking restrictions were not an ideal solution
and that Residential Parking Permit (RPP) was a preferred alternative but that the proposal was
a good step forward while solutions for RPP options are discussed further with the community.
Residents from streets on Hamilton Avenue near Center Drive-Southwood Drive and on
Madison Way and Jefferson Drive requested inclusion in the future Phase 2 program.
Policy Implications
The Palo Alto Municipal Code Section 10.44.010 – Restrictions Established – Signs Designating
allows the installation of parking restrictions by time-of-day following a city council ordinance
or resolution. Vehicles that are cited for parking in areas where time restrictions have been
established are cited by the Palo Alto Municipal Code Section 10.40.020 (b) – Signs or Curb
Markings to Indicated No Stopping and Parking Regulations.
The California Vehicle Code (CVC) Section 22507.5 – Local Regulations allows the issuance of
City of Palo Alto Page 5
Day Permits for parking through parking restricted periods of the day for residents and their
guests.
Resource Impact
The design and construction of the No Overnight Parking (2AM-5AM) are estimated to cost
approximateyl $12,000 and will be funded through the existing Capital Improvement Program
(CIP) – PL12000 (Parking & Transportation Improvements) project. The Revenue Collections
Department will make available for purchase Overnight Guest Permits for specific use by the
Crescent Park Neighborhood on a limited basis at a cost of $5.00 per permit. Permits are good
one night only and a limited amount of permits will be available.
Timeline
The City recommends implementation of the signage restrictions through the remainder of
August followed by a 2-week warning period for vehicles that continue to park during the new
No Overnight Parking (2AM-5AM) period with citations being issued on an as-needed basis by
mid-September.
City staff expects to meet with neighborhood residents at the six-month mark and again near
the end of the one-year trial to assess te effectiveness of the program and at the year end to
coniser recommendation for continuation or discontinuation of the program.
Attachments:
Attachment A: Resolution for Crescent Park No Overnight Parking (PDF)
Attachment B: Crescent Park - No Overnight Parking Survey Findings (PDF)
Attachment C: Sample Crescent Park Postal Survey (PDF)
NOT YET APPROVED
1
130729 jb 0131119
Resolution No. _______
Resolution of the Council of the City of Palo Alto Implementing No Overnight Parking
Restrictions around the Crescent Park Neighborhood as a One Year Trial Program
R E C I T A L S
A. Some of the residents of Crescent Park have requested No Overnight Parking
Restrictions (2AM – 5AM) to minimize the impacts of parking intrusion on individual blocks.
The following street block segments have been identified by staff as appropriate areas for the
restrictions, pending resident support through a post card survey:
No. Street Street Block Segment
No Parking
Restriction
Period
Post Card
Survey
Support
1 Edgewood Drive Southwood Drive to Island Drive 2AM – 5AM 100%
2 Edgewood Drive Island Drive to Newell Road 2AM – 5AM 94%
3 Edgewood Drive Newell Road to Jefferson Dr 2AM – 5AM 80%
4 Edgewood Drive Jefferson Drive to Patricia Lane 2AM – 5AM Pending
5 Phillips Road Edgewood Drive to Madison Way 2AM – 5AM 89%
6 Hamilton Avenue Island Drive to Newell Road 2AM – 5AM 70%
7 Hamilton Avenue Newell Road to Madison Way 2AM – 5AM 70%
8 Hamilton Avenue Madison Way to Alester Avenue 2AM – 5AM Pending
9 Hamilton Avenue Center Drive-Southwood Drive to Island Drive 2AM – 5AM Pending
10 Jefferson Drive Hamilton Avenue to Edgewood Drive 2AM – 5AM Pending
11 Dana Avenue North of Newell Road Half Way to Ashby Drive 2AM – 5AM 30%
12 Dana Avenue South of Newell Road Half Way to Alester Avenue 2AM – 5AM 54%
13 Madison Way Hamilton Avenue to Jefferson Drive 2AM – 5AM Pending
14 Newell Road Edgewood Drive to Hamilton Avenue 2AM – 5AM 100%
15 Newell Road Hamilton Avenue to Dana Avenue 2AM – 5AM 100%
B. The Post Card surveys administered by the City in July 2013 show a majority of the
streets being supportive of the implementation of the No Overnight Parking (2AM-5AM)
restrictions.
C. The current results of the survey are depicted in Exhibit A which is attached and
incorporated by reference. Phase 1 streets have expressed support for the proposed overnight
parking restriction and Phase 2 streets have been identified by staff as potential candidates for
such regulations pending resident support.
NOT YET APPROVED
2
130729 jb 0131119
D. The City Council finds that there is a parking intrusion problem in parts of the
Crescent Park neighborhood and desires to implement a pilot one year program to attempt to
mitigate this problem.
E. The California Vehicle Code Section 22507.5 authorizes the City to enact, by
ordinance or resolution, parking restrictions on public streets between the hours of 2 a.m. and
6 a.m. and further authorizes the City to provide for a system of permits for the purpose of
exempting from the prohibition or restriction of the ordinance or resolution, disabled persons,
residents, and guests of residents of residential areas.
F. The Palo Alto Municipal Code Section 10.44.010 allows for the implementation of
parking restrictions.
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1: The City Council authorizes staff to implement No Overnight Parking
Restrictions on all of the street block segments identified in Recital A and labeled as Phase 1
and Phase 2 in Exhibit A as petitions by residents are received. No Overnight (2AM – 5AM)
Parking restrictions shall be posted in each eligible block upon receipt and verification of a
minimum 70% support from surveys received.
SECTION 2: Vehicles displaying overnight residential parking permits for the designated
streets shall be exempt from the posted parking restriction.
SECTION 3: The Council finds that the adoption of this resolution does not meet the
definition of a project under Section 21065 of the California Environmental Quality Act and,
therefore, no environmental impact assessment is necessary.
//
//
//
//
//
//
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NOT YET APPROVED
3
130729 jb 0131119
SECTION 4: This program shall expire within one year of adoption unless extended by
City Council.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Senior Assistant City Attorney City Manager
_____________________________
Director of Administrative
Services
_____________________________
Director of Planning and
Community Environment
SCALE: NONE
10-o
10-a> +-' c a> ()
Channing Av
Legend:
Crescent Park
No Overnight Parking (2AM-5AM)
Survey Findings
Phase 1 -Community Support Received
Phase 2 -Community Support Pending
Last Update: 7-31-13
SCALE: NONE
10-o
10-a> +-' c a> ()
Channing Av
Legend:
Crescent Park
No Overnight Parking (2AM-5AM)
Survey Findings
Phase 1 -Community Support Received
Phase 2 -Community Support Pending
Last Update: 7-31-13
June 17, 2013
Dear Edgewood Drive Resident,
The City received a petition requesting the installation of No Overnight Parking (2AM to 5AM)
restrictions for the areas designed on the map on the other side of this notice within the
Crescent Park Neighborhood. The City is supportive of implementing parking considerations
requested by residents as long as the improvements are supported by a majority of residents.
In order for the City to implement the Crescent Park No Overnight Parking (2AM to 5AM)
Restrictions a 70% positive response rate for each street block from surveys returns is required.
The restrictions will be implemented on a block‐by‐block basis for streets where the 70%
support threshold is received. The City Council will also need to approve a resolution
implementing the parking restriction. Street blocks that do not have the 70% positive response
now, or that that did not originally request the parking restrictions, can request them at a later
date following the receipt of a petition circulated by residents.
This survey notice is intended to validate support for No Overnight Parking (2AM to 5AM)
restrictions identified in the petition for the block of Edgewood Drive between Island Drive and
Newell Road.
Please indicate your preference for the No Overnight Parking (2AM to 5AM) restrictions by
completing and returning this survey in the self‐addressed stamped envelope provided. The
City will accept survey responses through Friday, July 5th and present the results of the survey
process at a community meeting tentatively scheduled the week of July 22nd; a separate
community meeting notice card will be issued prior to the meeting with meeting location and
time information.
If you live on a street that you believe does not need restrictions at this time we encourage you
to complete the survey and return it as support will be evaluated based on returned surveys
only. In addition, you may feel restrictions are appropriate after being implemented on an
adjacent street and the City restrictions can be implemented later following receipt of a
petition.
If you have any questions, please feel free to contact the City of Palo Alto – Transportation
Division at (650) 329‐2442 or by email at transportation@cityofpaloalto.org.
Crescent Park Neighborhood
No Overnight Parking (2AM to 5PM) Restrictions
Survey
XXXX Edgewood Drive
Please mark your preference to only one of the options below:
□ We support the implementation of No Overnight Parking (2AM to 5AM) restrictions along
Edgewood Drive between Island Drive and Newell Road. We understand that resident and non‐
resident vehicles parked on the street during this time period will be subject to citations during
the time restriction period.
□ We do not support the implementation of No Overnight Parking (2AM to 5AM) restrictions along
Edgewood Drive between Island Drive and Newell Road.
Comments:
Please return survey by July 5, 2013 to: City of Palo Alto
Transportation Division
250 Hamilton Avenue
Palo Alto, CA 94301
Survey for No Overnight
Parking (2AM to 5AM)
Restrictions on Edgewood
Drive, Island Drive to Newell
Road.
City of Palo Alto (ID # 3847)
City Council Staff Report
Report Type: Action Items Meeting Date: 8/12/2013
City of Palo Alto Page 1
Summary Title: Amendment to Smoking Ordinance
Title: Adoption of an Ordinance Amending Chapter 9.14 (Smoking
Regulations) of the Municipal Code to Either Ban Smoking in All City Parks, or
Ban Smoking in City Parks Except the Municipal Golf Course and a Designated
Area at Mitchell, Greer and Rinconada Parks; Increase No-Smoking Buffer
Zones; and Make Findings
From: City Manager
Lead Department: Community Services
Recommendation:
Pursuant to direction from the Council at the May 13, 2013 regular meeting, staff
recommends that the Council adopt an ordinance as follows:
1. Amend Chapter 9.14 (Smoking and Tobacco Regulations) of the Palo Alto
Municipal Code, by adding Section 9.14.005 (Purpose);
2. Select between two alternatives for new Section 9.14.035 (Smoking Prohibited –
Public Parks) (Attachments A and B); and
3. Amend Section 9.14.010 (Definitions) to increase the no-smoking buffer zone
near public building entrances from 20 to 25 feet for consistency with LEED
standards..
Background:
On March 19, 2013, at the urging of downtown and California Avenue merchants, the
Policy & Services Committee reviewed a draft municipal ordinance revision that would
have banned smoking at two downtown small parks (Lytton and Cogswell Plazas) and
one small park in the California Avenue Business District (Sarah Wallis Park) (Staff
Report #3528 to Policy & Services March 19, 2013).
During the Committee’s discussion of the revised ordinance for smoking in public
places, the Committee enthusiastically endorsed the concept of a ban on smoking in
City of Palo Alto Page 2
City parks, plazas and open space areas, but asked staff to return to the Council with
an ordinance that would ban smoking in all City parks and open space areas under five-
acres in size. This ban would have affected twenty-four parks and plazas. Larger
parks, such as the Baylands Nature Preserve, Greer Park and Mitchell Park would not
have been affected by the proposed change in the Municipal Ordinance.
On May 13, 2013, a draft ordinance for the ban of smoking at 24 City parks and plazas
under five acres in size was discussed by the full Council as an action item (Attachment
C - Staff Report #3716 to Council May 13, 2013).
At the suggestion of the Mayor, and citing the importance of protecting public health,
reducing associated littering and reducing fire danger, the Council ultimately passed a
motion (moved by Kniss and seconded by Klein) to direct staff to return to the Council
with an ordinance (Attachment A) that would ban smoking in all City parks, plazas and
open space preserves. Vice Mayor Nancy Shepherd offered a friendly amendment to the
motion, asking staff to seek input from the Parks and Recreation Commission on
whether some designated smoking areas should be created in certain large parks for
the convenience of smokers. Staff was encouraged to consider this idea before the final
revision to the municipal ordinance was returned to the Council for adoption. The
motion passed on a 7-1 vote, with Councilmember Burt voting no.
Discussion:
Subsequent to the May 13, 2013 Council meeting, staff met with the Parks and
Recreation Commission at its May 28, 2013 regular meeting to consider the creation of
designated smoking areas at certain large City parks or open space areas.
In preparation for the Parks and Recreation Commission meeting, staff contacted
management at the Sunnyvale, Cupertino and San Jose municipal golf courses to
determine if designated smoking areas or exemptions had been created for these
unique and large sports facilities. All three agencies, which similarly have banned
smoking at City parks and facilities, have provided exemptions or designated and
posted smoking areas at their golf courses. According to their representatives, these
exceptions were created in consideration of the large area of the golf course, because
of the accommodation of regular golfers and their preferences, and in order to avoid
discouraging business at their golf courses. Staff recommended designing an
appropriately situated designated smoking area in the vicinity of the clubhouse to
comfortably accommodate smokers instead of a golf course-wide exemption to the
smoking restriction.
City of Palo Alto Page 3
After discussion, the Commission voted on the following two recommendations to the
Council the amendment of the draft ordinance as follows:
1. Motion by Hetterly, seconded by Markevitch, that there should not be designated
smoking areas in open space preserves (Foothills, Baylands, Clark Preserve and
Pearson-Arastradero Preserve), and that smoking should be permitted at to the
Palo Alto Municipal Golf Course except in areas specifically posted, within
buildings or within 25-feet of entrances to buildings (Approved 5-0; Lauing and
Ashlund absent)
2. Motion by Hetterly, seconded by Markevitch, that a specifically designated
smoking area should be provided at Mitchell, Greer and Rinconada parks
(Approved: Hetterly, Markevitch, Reckdahl voting yes; Crommie and Knopper
voting no; Lauing and Ashlund absent).
The recommendations of the Parks and recreation Commission have been incorporated
into the alternate draft ordinance, Attachment B.
If the Council approves the first reading of one of the two attached ordinance
revisions, staff will return for a second reading on September 9, 2013. The revised
ordinance will take effect 30 days after the passage of the second reading.
In order to educate park users and visitors about the new ordinance and the reasons
behind the development of this revised ordinance, staff will develop information on the
City’s webpages and will utilize an information flyer similar to one developed by the City
of Sunnyvale (Attachment D).
Policy Implications:
The adoption of the ordinance would further Policy N-1 of the Natural Environment
element of the Comprehensive Plan which states, “Manage exisisting public open space
areas … in a manner that meets public safety concerns…”; as well as Comprehensive
Plan policies N-5: Clean, healthful air for Palo Alto, and Policy N-6: An environment free
of damaging effects of biological and chemical hazardous materials.
Resource Impact:
The adoption of the proposed ordinance will have minimal impact on ongoing City staff
time and financial resources depending on the level of enforcement and on-going public
information required by its implementation. It is anticipated that Police Officers, Code
Enforcement Officers or Park Rangers will respond to complaints of violations of the
ordinance. Staff anticipate providing public outreach to educate residents and
City of Palo Alto Page 4
businesses of the revised ordinance through a cooperative program with the Tobacco
Prevention Task Force of the Santa Clara County Public Health Department.
The 55 customized signs that will be posted at various entrances to City parks and open
space areas and they will cost $1,375 through a subsidized program of the Santa Clara
County Public Health Department. Signs will be mounted on existing poles within the
parks.
The cost of creating a designated smoking area with benches, signage and fire-proof
waste receptacles at Greer, Rinconanda and Mitchell parks is estimated to cost a total of
$13,500, subject to the design of the smoking area at each of these three community
parks.
Timeline:
This action is the first reading of the Ordinance. The required second reading of the
ordinance will be placed on the Consent Calendar for September 9, 2013, and will go
into effect thirty days after the second reading.
New signs advising the public of the ordinance will be posted in parks and open space
areas in October.
Environmental Review:
Provisions of this ordinance do not constitute a project under the Environmental Quality
Act because it can be seen with certainty that no significant environmental impact will
occur as a result of the amended ordinance.
Attachments:
Attachment A - 0140093 Ordinance Banning Smoking In All Parks (DOC)
Attachment B - Ordinance Banning Smoking in Parks with permitted zones in large parks
(DOC)
Attachment C - City Council Staff Report (PDF)
Attachment D - Flyer -No Smoking in Sunnyvale Parks (PDF)
Attachment E: 05-13-13 CC Item 15 Smoking EXCERPT (DOC)
** NOT YET APPROVED **
130514 sh 0140093 1
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto
Amending Chapter 9.14 (Smoking And Tobacco Regulations) of the Palo
Alto Municipal Code to Establish New Smoking Restrictions for All Parks;
Increase No-Smoking Buffer Zones from 20 to 25 feet for Consistency
with LEED Standards; and Make Findings Regarding the Purpose of No-
Smoking Regulations
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
follows:
(a) That the adoption of this Ordinance is necessary to protect the public
health, safety and welfare for each of the reasons set forth in amended section 9.14.005. The
purposes of this Ordinance are to ban smoking in Palo Alto parks in order to protect visitors
from the risks of second hand smoke, reduce litter and enhance enjoyment of park facilities;
increase no-smoking buffer zones from 20 to 25 feet, consistent with Leadership in Energy and
Environmental Design (LEED) standards; and make findings regarding the purpose of no-
smoking regulations.
SECTION 2. Chapter 9.14 of the Palo Alto Municipal Code is hereby amended
to add Section 9.14.005 Purpose:
9.14.005 Purpose.
The purpose of this Chapter is to:
(a) Protect the public health, safety and general welfare by prohibiting
smoking in public parks, public places, service locations, city pool cars, child day care facilities,
and some unenclosed eating establishments.
(b) Ensure a cleaner and more hygienic environment within the city, reduce
litter, and protect the City’s natural resources, including creeks and streams.
(c) Enhance the welfare of residents, workers, and visitors by reducing
exposure to second hand smoke, which studies confirm can cause negative health effects in
non-smokers.
(d) Balance the needs of persons who smoke with the needs of nonsmokers,
including children and youth, to be free from the discomforts and health threats created by
exposure to second-hand smoke.
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** NOT YET APPROVED **
130514 sh 0140093 2
SECTION 3. Section 9.14.010 of Chapter 9.14 of the Palo Alto Municipal Code
is hereby amended to read as follows:
9.14.010 Definitions.
The following words and phrases, whenever used in this chapter shall be
construed as defined in this section:
(a) "Bar" means an area which is devoted to serving alcoholic beverages and
in which serving food is only incidental to the consumption of such beverages. "Bar" shall
include bar areas within eating establishments which are devoted to serving alcoholic
beverages and in which serving food is only incidental to the consumption of such beverages.
(b) "City pool car" means any truck, van or automobile owned by the city and
operated by a city employee. City pool car does not include vehicles operated by the police
department.
(c) "Eating establishment" means a coffee shop, cafeteria, short-order cafe,
luncheonette, sandwich shop, soda fountain, restaurant, or other establishment serving food to
members of the public.
(d) "Employee" means any person who is employed by any employer in
consideration for direct or indirect monetary wages or profit.
(e) "Employee eating place" means any place serving as an employee
cafeteria, lunchrooms, lounge, or like place.
(f) "Employer" means any person who employs the services of an individual
person or persons.
(g) "Enclosed" means either closed in by a roof and four walls with
appropriate openings for ingress and egress or not open to the sky due to a cover or shelter
consisting of a tarpaulin, tent structure or other impermeable or semi-permeable materials or
fabric.
(h) "Motion picture theater" means any theater engaged in the business of
exhibiting motion pictures.
(i) "Public places" means enclosed areas within publicly and privately owned
buildings, structures, facilities, or complexes that are open to, used by, or accessible to the
general public. Public places include, but are not limited to, stores, banks, eating
establishments, bars, hotels, motels, depots and transit terminals, theaters and auditoriums,
enclosed sports arenas, convention centers, museums, galleries, polling places, hospitals and
other health care facilities of any kind (including clinics, dental, chiropractic, or physical therapy
** NOT YET APPROVED **
130514 sh 0140093 3
facilities), automotive service centers, general business offices, nonprofit entity offices and
libraries. Public places further include, but are not limited to, hallways, restrooms, stairways,
escalators, elevators, lobbies, reception areas, waiting rooms, indoor service lines, checkout
stations, counters and other pay stations, classrooms, meeting or conference rooms, lecture
rooms, buses, or other enclosed places that are open to, used by, or accessible to the general
public.
(j) "Service locations" means those enclosed or unenclosed areas open to,
used by, or accessible to the general public that are listed below:
(1) Bus, train and taxi shelters;
(2) Service waiting areas including, but not limited to, ticket or service lines,
public transportation waiting areas, and public telephones;
(3) Areas within twenty-five feet of the entrance or exit to an enclosed public
place, except when the public place is closed, between ten p.m. and six a.m., or when the
entrance or exit is for the exclusive use of employees and not accessible to the general public;
(4) Areas in dedicated parks or other publicly accessible areas that are within
twenty-five feet of bleachers, backstops, or play structures.
(k) "Smoking" means the combustion of any cigar, cigarette, tobacco or any
similar article.
(l) "Tobacco product" means any substance containing tobacco leaf,
including but not limited to cigarettes, cigars, smoking tobacco, and smokeless tobacco.
(m) "Tobacco store" means a retail store utilized primarily for the sale of
tobacco products and accessories and in which the sale of other products is incidental.
(n) "Tobacco vending machine" means any electronic or mechanical device
or appliance the operation of which depends upon the insertion of money, whether coin or
paper bill, or other thing representative of value, which dispenses or releases a tobacco product
and/or tobacco accessories.
(o) "Workplace" means any enclosed area of a structure or portion thereof
used as a place of employment.
//
//
//
** NOT YET APPROVED **
130514 sh 0140093 4
SECTION 4. Chapter 9.14 of the Palo Alto Municipal Code is hereby amended
to add Section 9.14.035 Smoking Prohibited – Public Parks:
9.14.035 Smoking Prohibited – Public Parks.
Smoking is prohibited in all parks.
SECTION 5. The Council finds that the provisions of this Ordinance do not
constitute a project under the California Environmental Quality Act because it can be seen with
certainty that no significant environmental impact will occur as a result of the amended
Ordinance.
SECTION 6. This ordinance shall be effective on the thirty-first day after the
date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
____________________________
Director of Administrative
Services
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** NOT YET APPROVED **
130514 sh 0140093 1
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto
Amending Chapter 9.14 (Smoking And Tobacco Regulations) of the Palo
Alto Municipal Code to Establish New Smoking Restrictions for All Parks,
with Exceptions for the Municipal Golf Course and Designated Smoking
Zones at Greer, Rinconada and Mitchell Parks; Increase No-Smoking
Buffer Zones from 20 to 25 feet for Consistency with LEED Standards; and
Make Findings Regarding the Purpose of No-Smoking Regulations
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
follows:
(a) That the adoption of this Ordinance is necessary to protect the public
health, safety and welfare for each of the reasons set forth in amended section 9.14.005. The
purposes of this Ordinance are to ban smoking in Palo Alto parks in order to protect visitors
from the risks of second hand smoke, reduce litter and enhance enjoyment of park facilities;
increase no-smoking buffer zones from 20 to 25 feet, consistent with Leadership in Energy and
Environmental Design (LEED) standards; and make findings regarding the purpose of no-
smoking regulations.
SECTION 2. Chapter 9.14 of the Palo Alto Municipal Code is hereby amended
to add Section 9.14.005 Purpose:
9.14.005 Purpose.
The purpose of this Chapter is to:
(a) Protect the public health, safety and general welfare by prohibiting
smoking in public parks, public places, service locations, city pool cars, child day care facilities,
and some unenclosed eating establishments.
(b) Ensure a cleaner and more hygienic environment within the city, reduce
litter, and protect the City’s natural resources, including creeks and streams.
(c) Enhance the welfare of residents, workers, and visitors by reducing
exposure to second hand smoke, which studies confirm can cause negative health effects in
non-smokers.
(d) Balance the needs of persons who smoke with the needs of nonsmokers,
including children and youth, to be free from the discomforts and health threats created by
exposure to second-hand smoke.
** NOT YET APPROVED **
130514 sh 0140093 2
SECTION 3. Section 9.14.010 of Chapter 9.14 of the Palo Alto Municipal Code
is hereby amended to read as follows:
9.14.010 Definitions.
The following words and phrases, whenever used in this chapter shall be
construed as defined in this section:
(a) "Bar" means an area which is devoted to serving alcoholic beverages and
in which serving food is only incidental to the consumption of such beverages. "Bar" shall
include bar areas within eating establishments which are devoted to serving alcoholic
beverages and in which serving food is only incidental to the consumption of such beverages.
(b) "City pool car" means any truck, van or automobile owned by the city and
operated by a city employee. City pool car does not include vehicles operated by the police
department.
(c) "Eating establishment" means a coffee shop, cafeteria, short-order cafe,
luncheonette, sandwich shop, soda fountain, restaurant, or other establishment serving food to
members of the public.
(d) "Employee" means any person who is employed by any employer in
consideration for direct or indirect monetary wages or profit.
(e) "Employee eating place" means any place serving as an employee
cafeteria, lunchrooms, lounge, or like place.
(f) "Employer" means any person who employs the services of an individual
person or persons.
(g) "Enclosed" means either closed in by a roof and four walls with
appropriate openings for ingress and egress or not open to the sky due to a cover or shelter
consisting of a tarpaulin, tent structure or other impermeable or semi-permeable materials or
fabric.
(h) "Motion picture theater" means any theater engaged in the business of
exhibiting motion pictures.
(i) "Public places" means enclosed areas within publicly and privately owned
buildings, structures, facilities, or complexes that are open to, used by, or accessible to the
general public. Public places include, but are not limited to, stores, banks, eating
establishments, bars, hotels, motels, depots and transit terminals, theaters and auditoriums,
enclosed sports arenas, convention centers, museums, galleries, polling places, hospitals and
** NOT YET APPROVED **
130514 sh 0140093 3
other health care facilities of any kind (including clinics, dental, chiropractic, or physical therapy
facilities), automotive service centers, general business offices, nonprofit entity offices and
libraries. Public places further include, but are not limited to, hallways, restrooms, stairways,
escalators, elevators, lobbies, reception areas, waiting rooms, indoor service lines, checkout
stations, counters and other pay stations, classrooms, meeting or conference rooms, lecture
rooms, buses, or other enclosed places that are open to, used by, or accessible to the general
public.
(j) "Service locations" means those enclosed or unenclosed areas open to,
used by, or accessible to the general public that are listed below:
(1) Bus, train and taxi shelters;
(2) Service waiting areas including, but not limited to, ticket or service lines,
public transportation waiting areas, and public telephones;
(3) Areas within twenty-five feet of the entrance or exit to an enclosed public
place, except when the public place is closed, between ten p.m. and six a.m., or when the
entrance or exit is for the exclusive use of employees and not accessible to the general public;
(4) Areas in dedicated parks or other publicly accessible areas that are within
twenty-five feet of bleachers, backstops, or play structures.
(k) "Smoking" means the combustion of any cigar, cigarette, tobacco or any
similar article.
(l) "Tobacco product" means any substance containing tobacco leaf,
including but not limited to cigarettes, cigars, smoking tobacco, and smokeless tobacco.
(m) "Tobacco store" means a retail store utilized primarily for the sale of
tobacco products and accessories and in which the sale of other products is incidental.
(n) "Tobacco vending machine" means any electronic or mechanical device
or appliance the operation of which depends upon the insertion of money, whether coin or
paper bill, or other thing representative of value, which dispenses or releases a tobacco product
and/or tobacco accessories.
(o) "Workplace" means any enclosed area of a structure or portion thereof
used as a place of employment.
//
//
** NOT YET APPROVED **
130514 sh 0140093 4
SECTION 4. Chapter 9.14 of the Palo Alto Municipal Code is hereby amended
to add Section 9.14.035 Smoking Prohibited – Public Parks:
9.14.035 Smoking Prohibited – Public Parks.
Smoking is prohibited in all parks, except that smoking is permitted: (a) at the
Municipal Golf Course except where otherwise prohibited by state or local law; and (b) within
designated and clearly-marked smoking zones at Greer Park, Mitchell Park and Rinconada Park.
SECTION 5. The Council finds that the provisions of this Ordinance do not
constitute a project under the California Environmental Quality Act because it can be seen with
certainty that no significant environmental impact will occur as a result of the amended
Ordinance.
SECTION 6. This ordinance shall be effective on the thirty-first day after the
date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
____________________________
Director of Administrative
Services
City of Palo Alto (ID # 3716)
City Council Staff Report
Report Type: Action Items Meeting Date: 5/13/2013
City of Palo Alto Page 1
Summary Title: Restriction of Smoking in City Parks
Title: Transmittal of Policy and Services Committee Recommendation To
Council For The Adoption of An Ordinance Amending Chapter 9.14 (Smoking
And Tobacco Regulations) of the Palo Alto Municipal Code to Establish New
Smoking Restrictions for Parks Under Five Acres; Increase No-Smoking Buffer
Zones from 20 to 25 feet for Consistency with LEED Standards; and Make
Findings Regarding the Purpose of No-Smoking Regulations In City Parks
From: City Manager
Lead Department: Community Services
Recommendation
The Policy and Services Committee recommends that Council:
1) Adopt an ordinance to amend Chapter 9.14 (Smoking And Tobacco Regulations)
of the Palo Alto Municipal Code, by adding Sections 9.14.005 and 9.14.035 and
amending Section 9.14.010, that would establish new smoking restrictions for
City parks and plazas under five acres in size; increase the no-smoking buffer
zones near public building entrances from 20 to 25 feet for consistency with
LEED standards; and make findings regarding the purpose of no-smoking
regulations (Attachment A); and
2) Refer the further investigation of the expansion of the new smoking restrictions
for City parks and open space areas five acres in size or larger to the Parks and
Recreation Commission, and direct the Commission to make recommendations to
the Policy & Services Committee for further consideration and action.
Background
At a presentation to the Policy and Services Committee on March 19, 2013 (Attachment
B; Staff Report 3528), staff informed the Committee that according to the United States
Department of Health and Human Services, Centers for Disease Control and Prevention,
there are 443,000 deaths in the United States attributable to tobacco each year and an
estimated 49,000 of these deaths are attributed to exposure to second-hand smoke.
City of Palo Alto Page 2
Also, numerous studies show that an overwhelming majority of people want more
restrictions on smoking in public places, parks and places of employment. For these
reasons, more and more cities and counties in the United States and in California
particularly, are adopting bans on smoking in outdoor public areas in an effort to reduce
exposure to the known hazardous and unwanted effects of second-hand smoke.
In 2008, the Santa Clara County Clean Air Task Force developed a grant to financially
assist municipalities with the adoption and implementation of ordinances and rules that
prohibit smoking. Since then, several Bay Area cities including San Jose, Campbell,
Cupertino, Mountain View, Saratoga, and Los Gatos have adopted ordinances that
prohibit smoking in certain public areas and parks.
Staff reported to the Committee that staff continues to receive numerous complaints
from residents and businesses regarding high levels of smoking activity, particularly in
urban parks such as Lytton Plaza and Cogswell Plaza. The complaints mainly concern
environmental quality, litter, fire safety, or a combination thereof. In response to the
complaints, staff met with the City Attorney, representatives of Community Services
Department and the Police Department, and devised an initial recommendation for the
adoption of an ordinance to ban smoking at three City parks (Lytton, Cogswell and
Wallis), as well as to increase the no-smoking buffer zone near public building
entrances for consistency with LEED (Leadership in Energy and Environmental Design)
certification standards.
Discussion
After making the staff presentation to the Policy and Services Committee, Committee
Chair Liz Kniss proposed adding Johnson Park to the list of the three parks proposed in
the draft ordinance because of Johnson Park’s size, proximity to Cogswell and Lytton
Parks, and because of the picnic, volleyball, playground and community garden
amenities in the park. Following that proposal, Council Member Karen Holman proposed
also adding Scott Park because of its size, basketball court and children’s playground.
Council Member Price then suggested that Briones Park on Arastradero Road also be
added to the list of parks because of its popularity with families.
The Committee listened to comments during oral communications from two members of
the business community who supported the enactment of the proposed smoking ban.
There was no disagreement from the Committee members about the dangers of
second-hand smoke to public health, the impacts to park cleanliness from smoking
materials, and the potential dangers from fire caused by smoking materials. The
City of Palo Alto Page 3
Committee also agreed with the rationale of increasing the no-smoking buffer zone near
public building entrances to comply with the certification standards of the LEED
program. A discussion amongst the Committee members ensued about the appropriate
criteria for determining which parks should be included under the ordinance. After some
discussion and a review of the relative size of the City’s parks, plazas and open space
areas, the Committee decided to recommend to Council the immediate ban of smoking
of all City parks under five acres in size because of the relative high user density of
these parks.
MOTION: Council Member Klein moved, seconded by Council Member Price to
recommend the City Council: 1) adopt an Ordinance amending and adding new
sections to Chapter 9.14 to establish new smoking restrictions in all parks that are 5
acres or less in size; 2) increase no-smoking buffer zones from 20 to 25 feet for
consistency with Leadership in Energy and Environmental Design (LEED) standards; and
3) direct the Parks and Recreation Commission to consider and make recommendations
regarding expanding a no-smoking regulation to possibly include other City parks and
open space areas within two to three months. (Passed 4-0-0)
The Committee unanimously passed the motion to recommend to Council to ban
smoking at the following twenty-four parks and plazas and to direct the Parks and
Recreation Commission to make further recommendations to the Committee for
smoking restrictions at parks or open space areas five acres in size or larger
(Attachment C; Minutes of the Committee Meeting, March 19, 2013).
John Boulware Park
Jerry Bowden Park
Juana Briones Park
Donaldina Cameron Park
Elinor Cogswell Plaza
El Palo Alto Park
Heritage Park
Herbert Hoover Park
Edith Eugenie Johnson Park
Kellogg Park
King Plaza
Lawn Bowling Green
City of Palo Alto Page 4
Lytton Plaza Park
Mayfield Park
Monroe Park
Alexander Peers Park
Don Jesus Ramos Park
Don Secundino Robles Park
Scott Park
Henry Seale Park
Sarah Wallis Park
Weisshaar Park
Werry Park
Anna Zschokke Plaza
Although the Motion to recommend to Council the adoption of an ordinance to prohibit
smoking at the twenty-four parks was unanimously adopted, since the Policy and
Services Committee public notice of the proposed ban on smoking only referred to three
specific parks, the City Attorney recommends that the action to adopt the proposed
ordinance be placed on the Council agenda as an Action Item in order to allow further
comment or discussion by Council members and the public.
Policy Implications
The adoption of the proposed ordinance would further Policy N-1, of the Natural
Environment element of the Comprehensive Plan which states, “manage existing public
open space areas …in a manner that meets… public safety concerns…”; as well as
Comprehensive Plan polices: Policy N-5: Clean, Healthful Air for Palo Alto; and Policy N-
6: An Environment Free of the Damaging Effects of Biological and Chemical Hazardous
Materials.
Resource Impact
This ordinance will have a minimal impact on ongoing City staff time and financial
resources depending on the level of enforcement and/or ongoing public information
required by its implementation. It is anticipated that Police Officers, Code Enforcement
Officers or Park Rangers will respond to violations of the ordinance on a complaint
basis. Staff anticipates providing public outreach to educate residents and businesses of
the newly adopted policies.
City of Palo Alto Page 5
Educational materials and park signage costs, estimated at approximately $5000, could
be eligible for grant funding from the Santa Clara County Public Health Department and
other public and private agencies. If staff is not successful in securing grant funds, the
signage cost can be absorbed in the Open Space, Parks & Golf operating budget.
Timeline
If adopted by Council, the ordinace would require a second reading within thirty days.
The ordinance would go into effect thirty days after the passage of the second reading
of the ordinance.
If Council approves the recommendation to refer the investigation of the expansion of
the ordinance to other City parks and open space areas to the Parks and Recreation
Commission, the Commission would return to the Policy and Services Committee with
its findings and recommendations by September 2013.
Environmental Review
Provisions of this ordinance do not constitute a project under the Environmental Quality
Act because it can be seen with certainty that no significant environmental impact will
occur as a result of the amended ordinance.
Attachments:
Attachment A - Draft Ordinance (PDF)
Attachment B - Staff Report 3528 (PDF)
Attachment C - 03-19-13 P&S Excerpt Item 1 Smoking in Parks (DOC)
03-19-13 P&S Excerpt Item 1 Smoking in Parks (DOC)
** NOT YET APPROVED **
130326 sh 0140078 1
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto
Amending Chapter 9.14 (Smoking And Tobacco Regulations) of the Palo
Alto Municipal Code to Establish New Smoking Restrictions for Parks
Under Five Acres; Increase No-Smoking Buffer Zones from 20 to 25 feet
for Consistency with LEED Standards; and Make Findings Regarding the
Purpose of No-Smoking Regulations
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
follows:
(a) That the adoption of this Ordinance is necessary to protect the public
health, safety and welfare for each of the reasons set forth in amended section 9.14.005. The
purposes of this Ordinance are to ban smoking in Palo Alto parks under five acres in order to
protect visitors from the risks of second hand smoke, reduce litter and enhance enjoyment of
park facilities; increase no-smoking buffer zones from 20 to 25 feet, consistent with Leadership
in Energy and Environmental Design (LEED) standards; and make findings regarding the purpose
of no-smoking regulations.
SECTION 2. Chapter 9.14 of the Palo Alto Municipal Code is hereby amended
to add Section 9.14.005 Purpose:
9.14.005 Purpose.
The purpose of this Chapter is to:
(a) Protect the public health, safety and general welfare by prohibiting
smoking in certain public parks, public places, service locations, city pool cars, child day care
facilities, and some unenclosed eating establishments.
(b) Ensure a cleaner and more hygienic environment within the city, reduce
litter, and protect the City’s natural resources, including creeks and streams.
(c) Enhance the welfare of residents, workers, and visitors by reducing
exposure to second hand smoke, which studies confirm can cause negative health effects in
non-smokers.
(d) Balance the needs of persons who smoke with the needs of nonsmokers,
including children and youth, to be free from the discomforts and health threats created by
exposure to second-hand smoke.
** NOT YET APPROVED **
130326 sh 0140078 2
SECTION 3. Section 9.14.010 of Chapter 9.14 of the Palo Alto Municipal Code
is hereby amended to read as follows:
9.14.010 Definitions.
The following words and phrases, whenever used in this chapter shall be
construed as defined in this section:
(a) "Bar" means an area which is devoted to serving alcoholic beverages and
in which serving food is only incidental to the consumption of such beverages. "Bar" shall
include bar areas within eating establishments which are devoted to serving alcoholic
beverages and in which serving food is only incidental to the consumption of such beverages.
(b) "City pool car" means any truck, van or automobile owned by the city and
operated by a city employee. City pool car does not include vehicles operated by the police
department.
(c) "Eating establishment" means a coffee shop, cafeteria, short-order cafe,
luncheonette, sandwich shop, soda fountain, restaurant, or other establishment serving food to
members of the public.
(d) "Employee" means any person who is employed by any employer in
consideration for direct or indirect monetary wages or profit.
(e) "Employee eating place" means any place serving as an employee
cafeteria, lunchrooms, lounge, or like place.
(f) "Employer" means any person who employs the services of an individual
person or persons.
(g) "Enclosed" means either closed in by a roof and four walls with
appropriate openings for ingress and egress or not open to the sky due to a cover or shelter
consisting of a tarpaulin, tent structure or other impermeable or semi-permeable materials or
fabric.
(h) "Motion picture theater" means any theater engaged in the business of
exhibiting motion pictures.
(i) "Public places" means enclosed areas within publicly and privately owned
buildings, structures, facilities, or complexes that are open to, used by, or accessible to the
general public. Public places include, but are not limited to, stores, banks, eating
establishments, bars, hotels, motels, depots and transit terminals, theaters and auditoriums,
enclosed sports arenas, convention centers, museums, galleries, polling places, hospitals and
other health care facilities of any kind (including clinics, dental, chiropractic, or physical therapy
** NOT YET APPROVED **
130326 sh 0140078 3
facilities), automotive service centers, general business offices, nonprofit entity offices and
libraries. Public places further include, but are not limited to, hallways, restrooms, stairways,
escalators, elevators, lobbies, reception areas, waiting rooms, indoor service lines, checkout
stations, counters and other pay stations, classrooms, meeting or conference rooms, lecture
rooms, buses, or other enclosed places that are open to, used by, or accessible to the general
public.
(j) "Service locations" means those enclosed or unenclosed areas open to,
used by, or accessible to the general public that are listed below:
(1) Bus, train and taxi shelters;
(2) Service waiting areas including, but not limited to, ticket or service lines,
public transportation waiting areas, and public telephones;
(3) Areas within twenty-five feet of the entrance or exit to an enclosed public
place, except when the public place is closed, between ten p.m. and six a.m., or when the
entrance or exit is for the exclusive use of employees and not accessible to the general public;
(4) Areas in dedicated parks or other publicly accessible areas that are within
twenty-five feet of bleachers, backstops, or play structures.
(k) "Smoking" means the combustion of any cigar, cigarette, tobacco or any
similar article.
(l) "Tobacco product" means any substance containing tobacco leaf,
including but not limited to cigarettes, cigars, smoking tobacco, and smokeless tobacco.
(m) "Tobacco store" means a retail store utilized primarily for the sale of
tobacco products and accessories and in which the sale of other products is incidental.
(n) "Tobacco vending machine" means any electronic or mechanical device
or appliance the operation of which depends upon the insertion of money, whether coin or
paper bill, or other thing representative of value, which dispenses or releases a tobacco product
and/or tobacco accessories.
(o) "Workplace" means any enclosed area of a structure or portion thereof
used as a place of employment.
//
//
//
** NOT YET APPROVED **
130326 sh 0140078 4
SECTION 4. Chapter 9.14 of the Palo Alto Municipal Code is hereby amended
to add Section 9.14.035 Smoking Prohibited – Public Parks:
9.14.035 Smoking Prohibited – Public Parks.
Smoking is prohibited in all parks of less than 5 acres in area. These parks
include but are not necessarily limited to:
(a) John Boulware Park
(b) Jerry Bowden Park
(c) Juana Briones Park
(d) Donaldina Cameron Park
(e) Elinor Cogswell Plaza
(f) El Palo Alto Park
(g) Heritage Park
(h) Herbert Hoover Park
(i) Edith Eugenie Johnson Park
(j) Kellogg Park
(k) King Plaza
(l) Lawn Bowling Green
(m) Lytton Plaza Park
(n) Mayfield Park
(o) Monroe Park
(p) Alexander Peers Park
(q) Don Jesus Ramos Park
(r) Don Secundino Robles Park
(s) Scott Park
(t) Henry Seale Park
(u) Sarah Wallis Park
(v) Weisshaar Park
(w) Werry Park
(x) Anna Zschokke Plaza
SECTION 5. The Council finds that the provisions of this Ordinance do not
constitute a project under the California Environmental Quality Act because it can be seen with
certainty that no significant environmental impact will occur as a result of the amended
Ordinance.
//
//
//
** NOT YET APPROVED **
130326 sh 0140078 5
SECTION 6. This ordinance shall be effective on the thirty-first day after the
date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
____________________________
Director of Administrative
Services
City of Palo Alto (ID # 3528)
Policy and Services Committee Staff Report
Report Type: Meeting Date: 3/19/2013
City of Palo Alto Page 1
Summary Title: Prohibition of Smoking in 3 Parks
Title: Consideration of a Recommendation to Council to Adopt an Ordinance
Prohibiting Smoking in 3 Public Parks
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that Policy and Services Committee review Chapter 9.14 (Smoking and
Tobacco Regulations) of the Palo Alto Municipal Code and consider recommending that Council
adopt an ordinance (Attachment 1) amending section 9.14 to establish new smoking
restrictions for three parks in the Downtown and California Avenue commercial areas (Cogswell
Plaza, Lytton Plaza, and Sarah Wallis Park); increase no-smoking buffer zones from 20 to 25 feet
for consistency with Leadership in Energy and Environmental Design (LEED) standards; and
make findings regarding the purpose of no-smoking regulations.
Further, staff recommends that the Policy and Services Committee recommend to Council that
the Council direct the Parks and Recreation Commission to consider and make
recommendations regarding expanding a no-smoking regulation possibly to include other City
parks and open space areas.
Background
According to the US Department of Health and Human Services, Centers for Disease Control
and Prevention, there are 443,000 deaths in the United States attributable to tobacco each year
and an estimated 49,000 of these deaths are attributed to exposure to secondhand smoke.
Also, numerous studies show that an overwhelming majority of people want more restrictions
on smoking in public places and places of employment. More information can be found at
http://www.cdc.gov/tobacco/.
City of Palo Alto Page 2
For these reasons, more and more cities and counties in the United States and in California
particularly, are adopting bans on smoking in outdoor public areas in an effort to reduce
exposure to the known hazardous and unwanted effects of secondhand smoke.
This activity by local governments has also been prompted by the increasing recognition that
secondhand smoke is extremely toxic. In 2006, the California Air Resources Board officially
declared tobacco smoke a Toxic Air Contaminant. Also, the United States Surgeon General
(2006) issued a landmark report: The Health Consequences of Involuntary Exposure to Tobacco
Smoke concluding that “There is no safe level of exposure to secondhand smoke. Breathing
even a little secondhand smoke can be harmful to your health.”
In 2008, the Santa Clara County Clean Air Task Force developed a grant to assist municipalities
with the adoption of ordinances and rules that prohibit Smoking. Since then, several Bay Area
cities including Campbell, Cupertino, Mountain View, Saratoga, and Los Gatos have adopted
ordinances that prohibit smoking in certain public areas. Although the funding for grants
sunsets in early March, 2013, there may be available resources from the County for signage or
other assistance
In October 2008, the Parks and Recreation Commission voted 5:2 to take no action on the
banning of smoking in City Parks and Facilities, citing their general satisfaction with local, state,
and regulation-level ordinances (Excerpt minutes is Attachment 2). Since that time, we have
had numerous complaints from residents and businesses regarding a high level of smoking
activity particularly in our small urban parks such as Lytton Plaza and Cogswell Plaza. The
complaints mainly involved environmental quality, litter, fire safety, or a combination thereof.
In response to the complaints, staff met with the City Attorney and reviewed our current
ordinance and regulations regarding smoking in public areas.
Discussion
Given the small size and urban context of Lytton Plaza, Cogswell Plaza, and Sarah Wallis Park,
staff recommends that a ban on smoking be implemented to protect the public health from
exposure to second-hand smoke. Such a ban is also expected to reduce litter, and enhance the
enjoyment of the park facilities for shoppers, visitors, and residents of the Downtown and
California Avenue commercial areas. There will also be a lessened risk of fire by un-
extinguished cigarettes/ cigars.
Staff also recommends that the Council direct the Parks and Recreation Commission to review
the current ordinance as well as Council rules and regulations regarding smoking and to make a
City of Palo Alto Page 3
recommendation to the Council regarding potential enhancements up to and including a ban on
smoking in all public parks and open spaces areas.
Lastly, staff recommends a minor change to the “buffer zones” required by Chapter 9.14,
section 3(j)(3-4) to increase the distance that smoking is prohibited from twenty to twenty-five
feet from publicly accessible entrances/exits, or areas in other dedicated parks that are play
structures, backstops, or bleachers. This change will provide consistency between the city
ordinance and other environmental guidelines, such as LEED. This policy has been discussed
and approved by the Downtown Business and Professional Association.
Timeline
If an ordinance takes effect, staff can produce and install signage in a matter of a few weeks for
the small downtown parks.
Resource Impact
This ordinance will have a minimal impact on ongoing City staff time and financial resources
depending on the level of enforcement and/or ongoing public information required by its
implementation. Staff anticipates public outreach to educate residents and businesses of the
newly adopted policies. Signage costs, expected to be around $500, could be eligible for grant
funding from the Santa Clara County Public Health Department.
Policy Implications
This ordinance is in line with Comprehensive Plan Policy N-1, which states, “manage existing
public open space areas …in a manner that meets… public safety concerns…” as well as polices:
N-5: Clean, Healthful Air for Palo Alto and
N-6: An Environment Free of the Damaging Effects of Biological and Chemical Hazardous
Materials
N-7 Reduce Volumes of Solid Waste; Solid Waste Disposed in an Environmentally Safe, Efficient,
Manner.
N-10 Protection of Life and Property From…Fire.
Environmental Review (If Applicable)
This is not considered a project under CEQA.
Attachments:
Attachement 1: Ord banning smoking in 3 parks (PDF)
City of Palo Alto Page 4
Excerpt from P&R Oct08 Minutes (DOC)
** NOT YET APPROVED **
130123 sm 0140078 1
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto
Amending Chapter 9.14 (Smoking And Tobacco Regulations) of the Palo
Alto Municipal Code to Establish New Smoking Restrictions for Cogswell
Plaza, Lytton Plaza and Sarah Wallis Park; Increase No-Smoking Buffer
Zones from 20 to 25 feet for Consistency with LEED Standards; and Make
Findings Regarding the Purpose of No-Smoking Regulations
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
follows:
(a) That the adoption of this Ordinance is necessary to protect the public
health, safety and welfare for each of the reasons set forth in amended section 9.14.005. The
purposes of this Ordinance are to ban smoking in three parks in the Downtown and California
Avenue commercial areas (1) Cogswell Plaza, (2) Lytton Plaza and (3) Sarah Wallis Park in order
to protect visitors from the risks of second hand smoke, reduce litter and enhance enjoyment
of park facilities; increase no-smoking buffer zones from 20 to 25 feet, consistent with
Leadership in Energy and Environmental Design (LEED) standards; and make findings regarding
the purpose of no-smoking regulations.
SECTION 2. Chapter 9.14 of the Palo Alto Municipal Code is hereby amended
to add Section 9.14.005 Purpose:
9.14.005 Purpose.
The purpose of this Chapter is to:
(a) Protect the public health, safety and general welfare by prohibiting
smoking in certain public parks, public places, service locations, city pool cars, child day care
facilities, and some unenclosed eating establishments.
(b) Ensure a cleaner and more hygienic environment within the city, reduce
litter, and protect the City’s natural resources, including creeks and streams.
(c) Enhance the welfare of residents, workers, and visitors by reducing
exposure to second hand smoke, which studies confirm can cause negative health effects in
non-smokers.
(d) Balance the needs of persons who smoke with the needs of nonsmokers,
including children and youth, to be free from the discomforts and health threats created by
exposure to second-hand smoke.
** NOT YET APPROVED **
130123 sm 0140078 2
SECTION 3. Section 9.14.010 of Chapter 9.14 of the Palo Alto Municipal Code
is hereby amended to read as follows:
9.14.010 Definitions.
The following words and phrases, whenever used in this chapter shall be
construed as defined in this section:
(a) "Bar" means an area which is devoted to serving alcoholic beverages and
in which serving food is only incidental to the consumption of such beverages. "Bar" shall
include bar areas within eating establishments which are devoted to serving alcoholic
beverages and in which serving food is only incidental to the consumption of such beverages.
(b) "City pool car" means any truck, van or automobile owned by the city and
operated by a city employee. City pool car does not include vehicles operated by the police
department.
(c) "Eating establishment" means a coffee shop, cafeteria, short-order cafe,
luncheonette, sandwich shop, soda fountain, restaurant, or other establishment serving food to
members of the public.
(d) "Employee" means any person who is employed by any employer in
consideration for direct or indirect monetary wages or profit.
(e) "Employee eating place" means any place serving as an employee
cafeteria, lunchrooms, lounge, or like place.
(f) "Employer" means any person who employs the services of an individual
person or persons.
(g) "Enclosed" means either closed in by a roof and four walls with
appropriate openings for ingress and egress or not open to the sky due to a cover or shelter
consisting of a tarpaulin, tent structure or other impermeable or semi-permeable materials or
fabric.
(h) "Motion picture theater" means any theater engaged in the business of
exhibiting motion pictures.
(i) "Public places" means enclosed areas within publicly and privately owned
buildings, structures, facilities, or complexes that are open to, used by, or accessible to the
general public. Public places include, but are not limited to, stores, banks, eating
establishments, bars, hotels, motels, depots and transit terminals, theaters and auditoriums,
enclosed sports arenas, convention centers, museums, galleries, polling places, hospitals and
** NOT YET APPROVED **
130123 sm 0140078 3
other health care facilities of any kind (including clinics, dental, chiropractic, or physical therapy
facilities), automotive service centers, general business offices, nonprofit entity offices and
libraries. Public places further include, but are not limited to, hallways, restrooms, stairways,
escalators, elevators, lobbies, reception areas, waiting rooms, indoor service lines, checkout
stations, counters and other pay stations, classrooms, meeting or conference rooms, lecture
rooms, buses, or other enclosed places that are open to, used by, or accessible to the general
public.
(j) "Service locations" means those enclosed or unenclosed areas open to,
used by, or accessible to the general public that are listed below:
(1) Bus, train and taxi shelters;
(2) Service waiting areas including, but not limited to, ticket or service lines,
public transportation waiting areas, and public telephones;
(3) Areas within twenty-five feet of the entrance or exit to an enclosed public
place, except when the public place is closed, between ten p.m. and six a.m., or when the
entrance or exit is for the exclusive use of employees and not accessible to the general public;
(4) Areas in dedicated parks or other publicly accessible areas that are within
twenty-five feet of bleachers, backstops, or play structures.
(k) "Smoking" means the combustion of any cigar, cigarette, tobacco or any
similar article.
(l) "Tobacco product" means any substance containing tobacco leaf,
including but not limited to cigarettes, cigars, smoking tobacco, and smokeless tobacco.
(m) "Tobacco store" means a retail store utilized primarily for the sale of
tobacco products and accessories and in which the sale of other products is incidental.
(n) "Tobacco vending machine" means any electronic or mechanical device
or appliance the operation of which depends upon the insertion of money, whether coin or
paper bill, or other thing representative of value, which dispenses or releases a tobacco product
and/or tobacco accessories.
(o) "Workplace" means any enclosed area of a structure or portion thereof
used as a place of employment.
SECTION 4. Chapter 9.14 of the Palo Alto Municipal Code is hereby amended
to add Section 9.14.035 Smoking Prohibited – Public Parks:
** NOT YET APPROVED **
130123 sm 0140078 4
9.14.035 Smoking Prohibited – Public Parks.
Smoking is prohibited in:
(a) Cogswell Plaza – Bounded by Bryant Street, Ramona Street and Lytton
Avenue.
(b) Lytton Plaza – Bounded by University Avenue, Emerson Street and
Parking Lot P.
(c) Sarah Wallis Park – Bounded by Ash Street and Grant Avenue.
SECTION 5. The Council finds that the provisions of this Ordinance do not
constitute a project under the California Environmental Quality Act because it can be seen with
certainty that no significant environmental impact will occur as a result of the amended
Ordinance.
SECTION 6. This ordinance shall be effective on the thirty-first day after the
date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
____________________________
Director of Administrative
Services
APPROVED
October 28, 2008 Draft Minutes 1
MINUTES
PARKS & RECREATION COMMISSION
October 28, 2008
City Hall
250 Hamilton Ave
Commissioners Present: Deirdre Crommie, Carl King, Paul Losch, Pat Markevitch, Alex
Panelli, Daria Walsh ,Joel Davidson
Commissioners Absent:
Others Present: Council Liaison Jack Morton
Staff Present: Catherine Bourquin, Rob de Geus, Donald Piana
4. Review of Banning Smoking in City Parks and Facilities - Commissioner Walsh began
the discussion with asking for direction on how to proceed with this item. Staff de Geus
reminded the commissioners of their discussion from the last meeting. He said that the
commissioners were generally satisfied with the local, state and regulation level
ordinances. Staff Piana also provided feedback on what is enforceable at the parks. The
current ordinance covers the Foothill park trails only and there is no smoking at the
reserved picnic areas at parks. The ordinance allows for some flexibility during fire
seasons to prohibit smoking in additional locations by posting signage in designated
areas. Commissioner Losch requested from his fellow commissioners a better
understanding of where they stood on this issue. Chair Markevitch requested the
commissioners choose one of three alternatives A – Do nothing (satisfied with the
existing ordinances) B – Add the preserves to the existing ordinance or C – Ban smoking
at all parks. The commissioners voted as follows:
a. Do nothing - 4 (Commissioners Walsh, King, Losch, and Markevitch)
b. Add Preserves to the ordinance – 1 (Commissioner Panelli)
c. Ban smoking at all parks– 2 (Commissioners Davidson and Crommie)
Commissioner Walsh asked if there were any oral communications on this item. There
was not.
APPROVED
October 28, 2008 Draft Minutes 2
Council Liaison Morton commented on the fact that Arastradero was not included in the
current smoking ordinance because the preserve was added after the policy was in place.
He recommended that staff make a request to council to add the preserve to the policy.
After some further discussion on the topic a motion was made.
Motion: To take no action on the banning of smoking in City Parks and Facilities.
Approved 5:2 (Commissioners Crommie and Davidson)
POLICY AND SERVICES COMMITTEE
EXCERPT
Policy & Services Meeting
March 19, 2013
Page 1 of 5
Regular Meeting
Tuesday, March 19, 2013
1. Consideration of a Recommendation to Council to Adopt an Ordinance
Prohibiting Smoking in Three Public Parks.
Chair Kniss wished to include Johnson Park, a small park used by many
children.
Council Member Holman suggested including Scott Park.
Chair Kniss inquired about the size of Johnson Park.
Greg Betts, Director of Community Services reported Johnson Park was
about 2.2 acres.
Council Member Klein noted Johnson Park was named after the first female
obstetrics/gynecology doctor in the Palo Alto area.
Chair Kniss stated two parks were added to the original three parks
proposed for a smoking ban.
Council Member Price suggested including Juana Briones Park, and asked if
the proposal would return to the Parks and Recreation Commission (P&RC)
for discussion.
Chair Kniss felt limiting the number of parks to six would not require P&RC
involvement.
Council Member Price proposed Juana Briones Park, because it was used by
all ages.
Chair Kniss believed few people opposed a smoking ban in parks.
Council Member Klein indicated the Policy and Services Committee
(Committee) was establishing a rule for parks.
Chair Kniss noted the City had 36 parks.
Excerpt
Page 2 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
Council Member Klein recommended the Committee list all the parks that a
smoking ban did not apply to so that parks similar to the named parks were
not omitted. He inquired about the number of parks containing less than 10
acres.
Council Member Holman reported all parks in College Terrace contained less
than 10 acres.
Council Member Klein asked why the Committee wanted to distinguish
among similar parks.
Chair Kniss felt including that many parks required a discussion with the
P&RC. She was willing to double the number of parks included in a smoking
ban.
Council Member Klein suggested including all parks containing less than five
acres.
Chair Kniss inquired about the number of parks within the City that
contained less than five acres. She felt additional Staff work was needed to
phrase a recommendation in that manner. She inquired about the size of
Scott Park.
Council Member Holman felt it was probably 1/3 acre.
Council Member Price requested the number of parks containing five acres or
less.
Mr. Betts named off parks and preserves in Palo Alto: Mitchell Park,
Rinconada Park, Seale Park, Bayland’s Athletic Center, Esther Clark Nature
Preserve, Arastradero Preserve, Baylands Nature Preserve, and Foothills
Park.
James Keene, City Manager wondered why smoking was allowed in Foothills
Park when the City staffed a fire station in that area during fire season.
Council Member Price agreed with Council Member Klein's suggestion to
broaden the scope of a recommendation.
Chair Kniss wanted more information before moving in that direction, but
estimated between 20 and 25 of the 36 parks contained less than five acres.
Council Member Holman noted the Agenda Item was noticed for only three
parks, and expressed concern that the public objected because it was not
Excerpt
Page 3 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
given an opportunity to provide input.
Mr. Keene indicated the Committee had two concerns: 1) broadening the
scope of the recommendation from three parks to many parks and 2) a
policy interpretation.
Molly Stump, City Attorney reported the Committee could make a
recommendation. There was a full hearing at the Council on the first
reading, and then a second reading was required but said the Committee
could direct Staff to broaden the Ordinance.
Chair Kniss noted another question was whether the Committee should
include all parks under a certain size. She noted Council Member Holman's
concern regarding public reaction, and inquired about the size of Juana
Briones Park.
Mr. Betts reported Juana Briones Park contained 4.1 acres.
Chair Kniss believed Juana Briones Park was the largest of the parks noted
for inclusion.
Ms. Stump stated the Committee could ban smoking in all parks or could
name selected parks. She suggested that Staff could draft reasonable and
supportable findings to ban smoking in all parks below five acres.
Chair Kniss felt incremental increases worked better politically.
Council Member Holman agreed with banning smoking in all parks; however,
banning smoking in Foothills and Arastradero Parks was logical because of
the fire hazard. She questioned the ability of the Planning and
Transportation Commission (P&TC) to expand an Agenda Item without
providing additional notice.
Ms. Stump explained P&TC was distinct from all other Commissions. The
Council was able to determine how to use its Commissions. Not all policy
matters were reviewed by Commissions. She said a policy item could be
handled by the Council, or by a Committee and then the Council. Under the
Brown Act, a full hearing was required with proper notice.
Council Member Holman inquired whether the P&TC was able to expand the
scope of an Agenda Item to be as broad as the Committee was asking.
Ms. Stump stated much of P&TC's work was quasi-adjudicative, which was
different. P&TC's work was governed by provisions of the Municipal Code,
and that did not apply to this discussion.
Excerpt
Page 4 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
Mr. Keene stated Council policy allowed Council Members to place a
recommendation on the Council Agenda through a Colleagues Memo. A
Committee recommendation was not very different from a Colleagues Memo
regarding process and notice requirements.
Ms. Stump believed a smoking ban was in effect for Foothills Park.
Mr. Betts reported a smoking ban was placed on trails in Foothills Park, but
not on the meadow or in the picnic areas.
Chair Kniss suggested expanding the smoking ban for Foothills Park. She
viewed a smoking ban as a public health issue, and the Council was a
guardian of community health.
Mr. Betts reported Sarah Wallis Park contained 0.3 acres; Cogswell Plaza 0.5
acres; Lytton Plaza 0.5 acres; El Camino Park 12.2 acres; Eleanor Pardee
Park 9.6 acres; El Palo Alto Park 0.5 acres; Mayfield Park 1.1 acres; Mitchell
Park 21.4 acres; Monroe Park 0.55 acres; Rinconada Park 19 acres;
Cameron Park 1.1 acres; Boulware Park 1.5 acres; Bowden Park 2 acres;
Bowling Green Park 2 acres; Juana Briones Park 4.1 acres; Peers Park 4.7
acres; Ramos Park 4.4 acres; Bol Park 13.8 acres; Greer Park 22 acres;
Heritage Park 2.01 acres; Hoover Park 4.2 acres; Hopkins Creekside Park
12.4 acres; Edith Johnson Park 2.5 acres; Foothills Park 1,400 acres; Esther
Clark Preserve 22 acres; Pearson Arastradero Park 622 acres.
Chair Kniss estimated between 10 and 14 parks contained less than five
acres.
MOTION: Council Member Klein moved, seconded by Council Member Price
to recommend the City Council: 1) adopt an Ordinance amending Section
9.14 to establish new smoking restrictions in all parks that are 5 acres or
less in size; 2) increase no-smoking buffer zones from 20 to 25 feet for
consistency with Leadership in Energy and Environmental Design (LEED)
standards; and 3) direct the Parks and Recreation Commission to consider
and make recommendations regarding expanding a no-smoking regulation
to possibly include other City parks and open space areas within two to
three months.
Mr. Betts indicated 17 parks contained less than five acres of a total of 34
urban parks and four open space preserves.
Chair Kniss stated almost half the number of parks contained less than five
acres, but only a small percentage of total acreage.
Excerpt
Page 5 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
Russ Cohen, Executive Director of Palo Alto Downtown Business and
Professional Association supported a smoking prohibition in the three parks
originally proposed for inclusion.
Herb Borock reported Hoover Park contained approximately 6.4 acres after
acquiring land from Hoover School. He noted that under the Brown Act, the
Committee could only act on the three parks noticed. The P&RC had to
make policy recommendations for parks. He suggested the Committee refer
the item to the P&RC.
Chair Kniss was comfortable with the City Attorney's statement that the
Committee could recommend more than three parks.
Mr. Betts revised his previous count to a total of 22 parks containing less
than five acres.
Council Member Holman requested Staff respond to Mr. Borock's comment
that Hoover Park was larger than reported.
Mr. Betts reported records indicated Hoover Park contained 4.2 acres.
Mr. Keene indicated the acreage of Hoover Park would be clarified prior to
the Ordinance being written.
Ms. Stump noted the Ordinance would enumerate the parks being affected
by the smoking ban.
MOTION PASSED: 4-0
POLICY AND SERVICES COMMITTEE
EXCERPT
Policy & Services Meeting
March 19, 2013
Page 1 of 5
Regular Meeting
Tuesday, March 19, 2013
1. Consideration of a Recommendation to Council to Adopt an Ordinance
Prohibiting Smoking in Three Public Parks.
Chair Kniss wished to include Johnson Park, a small park used by many
children.
Council Member Holman suggested including Scott Park.
Chair Kniss inquired about the size of Johnson Park.
Greg Betts, Director of Community Services reported Johnson Park was
about 2.2 acres.
Council Member Klein noted Johnson Park was named after the first female
obstetrics/gynecology doctor in the Palo Alto area.
Chair Kniss stated two parks were added to the original three parks
proposed for a smoking ban.
Council Member Price suggested including Juana Briones Park, and asked if
the proposal would return to the Parks and Recreation Commission (P&RC)
for discussion.
Chair Kniss felt limiting the number of parks to six would not require P&RC
involvement.
Council Member Price proposed Juana Briones Park, because it was used by
all ages.
Chair Kniss believed few people opposed a smoking ban in parks.
Council Member Klein indicated the Policy and Services Committee
(Committee) was establishing a rule for parks.
Chair Kniss noted the City had 36 parks.
Excerpt
Page 2 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
Council Member Klein recommended the Committee list all the parks that a
smoking ban did not apply to so that parks similar to the named parks were
not omitted. He inquired about the number of parks containing less than 10
acres.
Council Member Holman reported all parks in College Terrace contained less
than 10 acres.
Council Member Klein asked why the Committee wanted to distinguish
among similar parks.
Chair Kniss felt including that many parks required a discussion with the
P&RC. She was willing to double the number of parks included in a smoking
ban.
Council Member Klein suggested including all parks containing less than five
acres.
Chair Kniss inquired about the number of parks within the City that
contained less than five acres. She felt additional Staff work was needed to
phrase a recommendation in that manner. She inquired about the size of
Scott Park.
Council Member Holman felt it was probably 1/3 acre.
Council Member Price requested the number of parks containing five acres or
less.
Mr. Betts named off parks and preserves in Palo Alto: Mitchell Park,
Rinconada Park, Seale Park, Bayland’s Athletic Center, Esther Clark Nature
Preserve, Arastradero Preserve, Baylands Nature Preserve, and Foothills
Park.
James Keene, City Manager wondered why smoking was allowed in Foothills
Park when the City staffed a fire station in that area during fire season.
Council Member Price agreed with Council Member Klein's suggestion to
broaden the scope of a recommendation.
Chair Kniss wanted more information before moving in that direction, but
estimated between 20 and 25 of the 36 parks contained less than five acres.
Council Member Holman noted the Agenda Item was noticed for only three
parks, and expressed concern that the public objected because it was not
Excerpt
Page 3 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
given an opportunity to provide input.
Mr. Keene indicated the Committee had two concerns: 1) broadening the
scope of the recommendation from three parks to many parks and 2) a
policy interpretation.
Molly Stump, City Attorney reported the Committee could make a
recommendation. There was a full hearing at the Council on the first
reading, and then a second reading was required but said the Committee
could direct Staff to broaden the Ordinance.
Chair Kniss noted another question was whether the Committee should
include all parks under a certain size. She noted Council Member Holman's
concern regarding public reaction, and inquired about the size of Juana
Briones Park.
Mr. Betts reported Juana Briones Park contained 4.1 acres.
Chair Kniss believed Juana Briones Park was the largest of the parks noted
for inclusion.
Ms. Stump stated the Committee could ban smoking in all parks or could
name selected parks. She suggested that Staff could draft reasonable and
supportable findings to ban smoking in all parks below five acres.
Chair Kniss felt incremental increases worked better politically.
Council Member Holman agreed with banning smoking in all parks; however,
banning smoking in Foothills and Arastradero Parks was logical because of
the fire hazard. She questioned the ability of the Planning and
Transportation Commission (P&TC) to expand an Agenda Item without
providing additional notice.
Ms. Stump explained P&TC was distinct from all other Commissions. The
Council was able to determine how to use its Commissions. Not all policy
matters were reviewed by Commissions. She said a policy item could be
handled by the Council, or by a Committee and then the Council. Under the
Brown Act, a full hearing was required with proper notice.
Council Member Holman inquired whether the P&TC was able to expand the
scope of an Agenda Item to be as broad as the Committee was asking.
Ms. Stump stated much of P&TC's work was quasi-adjudicative, which was
different. P&TC's work was governed by provisions of the Municipal Code,
and that did not apply to this discussion.
Excerpt
Page 4 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
Mr. Keene stated Council policy allowed Council Members to place a
recommendation on the Council Agenda through a Colleagues Memo. A
Committee recommendation was not very different from a Colleagues Memo
regarding process and notice requirements.
Ms. Stump believed a smoking ban was in effect for Foothills Park.
Mr. Betts reported a smoking ban was placed on trails in Foothills Park, but
not on the meadow or in the picnic areas.
Chair Kniss suggested expanding the smoking ban for Foothills Park. She
viewed a smoking ban as a public health issue, and the Council was a
guardian of community health.
Mr. Betts reported Sarah Wallis Park contained 0.3 acres; Cogswell Plaza 0.5
acres; Lytton Plaza 0.5 acres; El Camino Park 12.2 acres; Eleanor Pardee
Park 9.6 acres; El Palo Alto Park 0.5 acres; Mayfield Park 1.1 acres; Mitchell
Park 21.4 acres; Monroe Park 0.55 acres; Rinconada Park 19 acres;
Cameron Park 1.1 acres; Boulware Park 1.5 acres; Bowden Park 2 acres;
Bowling Green Park 2 acres; Juana Briones Park 4.1 acres; Peers Park 4.7
acres; Ramos Park 4.4 acres; Bol Park 13.8 acres; Greer Park 22 acres;
Heritage Park 2.01 acres; Hoover Park 4.2 acres; Hopkins Creekside Park
12.4 acres; Edith Johnson Park 2.5 acres; Foothills Park 1,400 acres; Esther
Clark Preserve 22 acres; Pearson Arastradero Park 622 acres.
Chair Kniss estimated between 10 and 14 parks contained less than five
acres.
MOTION: Council Member Klein moved, seconded by Council Member Price
to recommend the City Council: 1) adopt an Ordinance amending Section
9.14 to establish new smoking restrictions in all parks that are 5 acres or
less in size; 2) increase no-smoking buffer zones from 20 to 25 feet for
consistency with Leadership in Energy and Environmental Design (LEED)
standards; and 3) direct the Parks and Recreation Commission to consider
and make recommendations regarding expanding a no-smoking regulation
to possibly include other City parks and open space areas within two to
three months.
Mr. Betts indicated 17 parks contained less than five acres of a total of 34
urban parks and four open space preserves.
Chair Kniss stated almost half the number of parks contained less than five
acres, but only a small percentage of total acreage.
Excerpt
Page 5 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
Russ Cohen, Executive Director of Palo Alto Downtown Business and
Professional Association supported a smoking prohibition in the three parks
originally proposed for inclusion.
Herb Borock reported Hoover Park contained approximately 6.4 acres after
acquiring land from Hoover School. He noted that under the Brown Act, the
Committee could only act on the three parks noticed. The P&RC had to
make policy recommendations for parks. He suggested the Committee refer
the item to the P&RC.
Chair Kniss was comfortable with the City Attorney's statement that the
Committee could recommend more than three parks.
Mr. Betts revised his previous count to a total of 22 parks containing less
than five acres.
Council Member Holman requested Staff respond to Mr. Borock's comment
that Hoover Park was larger than reported.
Mr. Betts reported records indicated Hoover Park contained 4.2 acres.
Mr. Keene indicated the acreage of Hoover Park would be clarified prior to
the Ordinance being written.
Ms. Stump noted the Ordinance would enumerate the parks being affected
by the smoking ban.
MOTION PASSED: 4-0
P-26 1 SM:ig 5/7/12
City of Sunnyvale
Department of Public Works
Parks Division
INFORMATIONAL BULLETIN
NO SMOKING IN SUNNYVALE PARKS
Sunnyvale Adopts Smoking Ban
Effective May 3, 2012
California was the first state to implement a smoke-free restaurant law in 1995 and a smoke-
free bar law in 1998. In 2004, California banned smoking near entrances, exits, covered
parking lots and operable windows (GC 7596-7598, Assembly Bill 846). Meanwhile in 2002,
California banned smoking within 25 feet of tot-lots and playgrounds. Since that time,
approximately 300 municipalities in California have adopted more restrictive smoking bans in
recreational areas beyond state law.
The City of Sunnyvale has joined the many cities and counties that have enacted bans on
smoking in public places. On April 3, 2012, the City Council approved a ban on smoking in
public parks, with the exception of golf courses, and allowed the City Manager to designate
City property as non-smoking.
Q: Why did the Sunnyvale City Council adopt a more restrictive smoking ban?
A: A ban on smoking in public areas would reduce the public’s exposure to the negative
effects of secondhand smoke, particularly within more sensitive populations including
children and older adults. It may also have other positive effects including:
• Increased park usage.
• Reduction in tobacco-related litter.
• Reduced fire risk from discarded cigarette butts.
• Preventing discarded cigarette butts from being picked up from children, pets and
wildlife.
Q: What recent changes were made to the ordinance?
A: Per Municipal Code (SMC) Chapter 9.28 – Regulation of Smoking: smoking is
prohibited in the following locations in the city:
• Public parks, except that smoking shall be permitted on golf courses where not
otherwise prohibited by law. Public parks is defined by SMC 9.62.010(3) as “park,
reservation, playground, swimming pool, recreation center or any other area in the
city, owned or used by the city and devoted to active or passive recreation.”
• Any location on city property, other than public streets and sidewalks, where
smoking is not otherwise prohibited by law may be designated by the city manager
as a “no smoking” area. Such areas shall be posted with appropriate signage.
Q: When did the new smoking ban go into effect?
A: May 3, 2012. Since that time, staff has posted no smoking signage in city parks,
removed ash trays, posted information regarding the smoking ban on the city’s website
and on Twitter.
P-26 2 SM:ig 5/7/12
Q: Where can I smoke at parks and public facilities that are now non-smoking?
A: You can not smoke anywhere within those areas including pathways, parking lots etc.
However, you may smoke in the public right-of-way including sidewalks that are
immediately adjacent to those areas as there is no requirement to be a certain number
of feet away from the park or facility.
Q: What public outreach is being conducted to educate residents and businesses
of the newly adopted policies?
A: Staff posted information about the newly adopted smoking ban on the City’s website,
on Twitter, on Facebook, in an article included in 2012 summer Quarterly Report
article, and though a press release.
Q: How will the smoking ban be enforced?
A: Most jurisdictions that have passed more restrictive smoking bans do not intend for
staff to proactively patrol areas in search of people smoking in prohibited areas.
Sunnyvale, consistent with most jurisdictions, would rely on self-enforcement.
Smokers who are in violation could be cited by a Public Safety staff.
Q: What should I do if I see someone smoking in a park or recreation area?
A: If you notice someone violating any of the park rules, you may politely direct them to
the attention of the rules, if you feel comfortable doing so. Or, you may ask any
member of the park or recreation staff to remind the violator of the rules. If a person
refuses to comply, you may report the incident to Public Safety by calling Dispatch at
(408) 730-7181. Public Safety will respond based upon priority and availability.
Q: Where can I obtain additional information about the newly adopted smoking
ban?
A: Contact Christy Gunvalsen, Neighborhood Preservation Manager, at (408) 730-7255
or by email at cgunvalsen@ci.sunnyvale.ca.us.
For additional information on Sunnyvale parks, call (408) 730-7506.
CITY OF PALO ALTO CITY COUNCIL
EXCERPT MINUTES
Page 1 of 3
Special Meeting
May 13, 2013
Transmittal of Policy and Services Committee Recommendation To Council
For The Adoption of An Ordinance Amending Chapter 9.14 (Smoking And
Tobacco Regulations) of the Palo Alto Municipal Code to Establish New
Smoking Restrictions for Parks Under Five Acres; Increase No-Smoking
Buffer Zones from 20 to 25 feet for Consistency with LEED Standards; and
Make Findings Regarding the Purpose of No-Smoking Regulations In City
Parks
Greg Betts, Director of Community Services, reported members of the
business community contacted Staff regarding smoking restrictions at Lytton
Plaza, Cogswell Plaza and Sarah Wallis Park. With support from the
Chamber of Commerce, the Downtown Business Association and Santa Clara
County Health, Staff presented the issue to the Policy and Services
Committee on March 19, 2013. At that meeting, Staff proposed a smoking
ban at the three parks and to change the distance from buildings where
smoking was allowed. Under the current Ordinance, smoking was banned
within 20 feet of the entrance to a public building. The Policy and Services
Committee wished to expand the smoking ban to 24 parks and plazas
containing 5 acres or less. Smoking was banned currently in portions of the
larger parks. The Policy and Services Committee voted unanimously to
support the ban of smoking in the 24 parks. Because the item was
agendized for only three parks, the City Attorney's Office recommended that
Staff present the matter to the Council as an Action Item for proper notice
and discussion.
Janet Ghanem, Breathe California, worked with Palo Alto neighborhood and
community groups regarding smoke-free parks. She supported the banning
of smoking in parks, and hoped larger parks would be included in the future.
Stephanie Munoz suggested an area within parks be designated for smoking.
Perhaps the City could provide stop-smoking programs.
MOTION: Council Member Kniss moved, seconded by Council Member Klein
to: 1) Adopt an ordinance to amend Chapter 9.14 (Smoking And Tobacco
Regulations) of the Palo Alto Municipal Code, by adding Sections 9.14.005
and 9.14.035 and amending Section 9.14.010, that would establish new
EXCERPT MINUTES
Page 2 of 3
City Council Meeting
Excerpt Minutes: 5/13/13
smoking restrictions for City parks and plazas under five acres in size;
increase the no-smoking buffer zones near public building entrances from 20
to 25 feet for consistency with LEED standards; and make findings regarding
the purpose of no-smoking regulations (Attachment A); and 2) Refer the
further investigation of the expansion of the new smoking restrictions for
City parks and open space areas five acres in size or larger to the Parks and
Recreation Commission, and direct the Commission to make
recommendations to the Policy & Services Committee for further
consideration and action.
Council Member Kniss felt the Motion was a positive action for the Council,
and suggested future action include a ban in all City parks.
Council Member Price concurred with comments regarding public health.
Council Member Burt asked why the Policy and Services Committee did not
include larger parks.
Council Member Kniss indicated the Policy and Services Committee would
consider extending the ban. The Policy and Services Committee did not
discuss policies or procedures for enforcing the ban, but could ask Staff to
propose language for enforcement. Perhaps the Council could consider a
smoking ban for the entire City.
Mayor Scharff felt the Council should extend the smoking ban to all parks
without referring it to the Parks and Recreation Commission (PARC).
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to extend the smoking ban, request Staff return
to Council with ordinance on the Consent Calendar with an amendment, and
refer designated smoking areas in large parks to the Parks and Recreation
Commission.
Council Member Kniss supported extending the smoking ban to all parks,
and inquired whether the ban could be enforced.
Mr. Keene believed having a uniform smoking ban was easier to enforce
than a selective ban.
Vice Mayor Shepherd questioned whether the largest parks should have
designated smoking areas, so that park users would not have to leave the
park and activities to smoke.
Mayor Scharff suggested referring the issue of designated smoking areas to
EXCERPT MINUTES
Page 3 of 3
City Council Meeting
Excerpt Minutes: 5/13/13
the PARC.
Council Member Burt supported the concept of extending the ban; however,
the Council may not have contemplated all issues of a smoking ban. The
usual review process would allow that consideration.
MOTION AS AMENDED PASSED: 7-1, Burt no, Holman absent
City of Palo Alto (ID # 3973)
City Council Staff Report
Report Type: Action Items Meeting Date: 8/12/2013
City of Palo Alto Page 1
Summary Title: International Relationships
Title: Review of the City of Palo Alto/ Neighbor's Abroad Sister Cities
Program, Discussion of International Relationships Strategy, Authorization to
Engage in a Non-Binding "Smart Cities Partnership Agreement" with the City
of Heidelberg, Germany, and Direction on Exploring Future "Smart City"
Partnerships
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that Council review and discuss the background and history of
the City’s international relationships, and Motion:
1. Authorize the Mayor to execute the attached “Smart Cities Partnership
Agreement” (Attachment 5) with the City of Heidelberg, Germany at a
ceremony to be held in October, 2013.
2. Discuss the Bay Area Council’s invitation to the Mayor and/or other Council
Members to represent the Council in the US-China Collaboration Symposium
in October, 2013, with special focus on the Smart Cities Conference in
Yangpu, Shanghai
3. Direct staff to work with Stanford University to explore the creation of a
Government Innovations and Entrepreneurship Fellowship.
4. Direct staff to work in collaboration with Neighbors Abroad and other
community volunteers to explore the addition of the “Smart City” concepts
to existing Sister Cities who might be interested.
City of Palo Alto Page 2
Background
Sister Cities International and Neighbors Abroad
Sister Cities International (SCI) was created in 1956 by President Dwight D.
Eisenhower, who “envisioned an organization that could be the hub of peace and
prosperity by creating bonds between people from different cities around the
world.” In a post-war era, SSI promoted “citizen diplomacy”; promoting peace and
prosperity by creating opportunities for people to learn about other people and
cultures and build lifetime friendships [see additional sources 1 below]. The
intent was that upon a foundation of mutual understanding, a new era of
peaceful collaboration between cities, and ultimately nations, would be catalyzed.
In the early 1960s, citizen leaders in Palo Alto formed Neighbors Abroad, an
organization meant to create and manage the City’s emerging international
relations strategy based on the principles of SCI, focused primarily on cultural and
educational exchanges. Palo Alto’s first official Sister City relationship was forged
in 1963 with Palo, Leyte, Philippines. It was followed in 1964 by Oaxaca, Mexico.
Since then, several more official Sister City relationships developed: Enschede,
Netherlands (1980); Linkoping, Sweden (1987); Albi, France (1994); and Tsuchiura,
Japan (2009).
With the goal of “promot[ing] international and inter-cultural understanding” [see
additional sources 2 below], the 50 years of international relationships for Palo
Alto through Neighbors Abroad has been very successful. This is evidenced not
only by the continued relationships between citizens in Palo Alto and our sister
cities, but also in the numerous programs, visits, and student exchanges that
continue to be organized and produced by Neighbors Abroad. Many of these
events are documented in El Chisme de Neighbors Abroad, their bi-monthly
publication. In fact, within the last year, the City has partnered with Neighbors
Abroad to host visits from citizens and leaders from 5 of our 6 Sister Cities (Palo,
Oaxaca, Enschede, Linkoping, and Tsuchiura). It is important to note that in
conversations with each of our Sister Cities it has become clear that they are all
interested in a more focused relationship, especially as it relates to economic
development.
City of Palo Alto Page 3
Managing an official Sister-City relationship requires a great deal of energy and
commitment. Neighbors Abroad established a program management structure
that largely relies on a volunteer Vice President to lead each relationship. This
creates a risk to the sustainability of the program if their effort to engage new
members in the leadership pipeline is unsuccessful. Further, while SCI has
adapted its emphasis to include economic partnerships as a focus area, Neighbors
Abroad has deliberatively not done so. Staff recommends working together with
Neighbors Abroad to ensure that our established relationships continue, allowing
the flexibility to transition the nature of our collaborations as appropriate.
“Smart Cities” Partnerships
In the 50 years since 1963, Palo Alto/Stanford has emerged as a global center for
technology and innovation. This has had an important impact on our appeal to
other cities as a potential strategic partner. This interest is evidenced by the
regular visits by leaders from cities all over the world. Environmental
sustainability, innovation-driven economic development, and educational
exchanges are just a few areas where a mutually beneficial, strategic, and focused
relationship could be fruitful for those cities and ours.
Especially in the last decade, changes in the geo-political landscape, technological
advancements, and the globalization of the world economy have made new types
of collaboration and partnership possible. It is now appropriate to review our
international relationships and explore structures and strategies attuned to this
changing landscape and which allow for the flexibility to experiment with new
approaches. Because the Sister-City model does not allow for such smaller,
focused, relationships, the concept of a “Smart-City” partnership has materialized
as a potential new model worth testing.
A smart city, as defined by the United Cities for Local Governments, is “a type of
city that uses new technologies to make them more livable, functional,
competitive, and modern through the use of new technologies, the promotion of
innovation and knowledge management, bringing together 6 key fields of
performance: the economy, mobility, the environment, citizenship, quality of life
and, finally, management.” [See additional sources 3 below]
City of Palo Alto Page 4
The idea of the “Smart City” partnership is to create a vehicle by which the City
can engage with another city or region of the world around strategically targeted
topic areas that benefits the City, its people, and community. The partnership
would be short-term (less than 5 years) in duration, and be expected to provide
valuable results measured through mutually-established metrics. These topic
areas could draw from the Smart City movement, which includes:
Support for Entrepreneurship
Retaining and attracting talent and promoting creativity
Education
Online public services
Transparent governance
Promoting ICT (information and communications technology) and Innovation
Smart mobility
Culture and Identity
Accessibility and e-inclusion [3]
City of Heidelberg, Germany
For several years, the City of Heidelberg, Germany, has been in discussions with
City Leaders about engaging in such a partnership.
In October, a presentation was given to the Council by representatives from
Heidelberg and SAP regarding the City of Heidelberg. This presentation is
attached (Attachment 4), and highlights several of the key aspects of Heidelberg
as well as areas of potential collaboration with the City of Palo Alto. Heidelberg is
a city of approximately 150,000 people that takes up approximately 68 square
miles at the center of the Neckar River Triangle in Germany. It is home to several
institutions of scientific and technical research, and boasts an economy largely
driven by invention and innovation.
City of Palo Alto Page 5
Staff was especially impressed with their leadership in the area of environmental
sustainability, both in terms of their City’s goals as well as their robust programs-
especially those that engaged their citizenry in behavioral changes. This is
exemplified by their inclusion in the C40, an internationally respected Climate
Leadership Group, made up mostly of much larger cities. An overview of their
environmental efforts is included in their collateral entitled “Climate Protection
Commitment” included in this report (Attachment 6)
Staff has also identified several current residents in Palo Alto from the Heidelberg
region who have expressed their interest in volunteering in any effort to connect
our two cities. In follow-up efforts and meetings, a “Smart City Partnership
Agreement” has been drafted for the Council’s Consideration (Attachment 5)
Yangpu District of Shanghai, China
In November of 2012, the Council authorized the Mayor to execute an
exploratory agreement with the District of Yangpu, Shanghai, China (Attachment
3). Staff and Council Members traveled to China with a Bay Area Council (BAC)
Delegation, and returned with a presentation on their experiences in December.
At that point, staff was given directions specific to continuing the Yangpu/Palo
Alto relationship. An update of the efforts of staff and volunteers thus far was
included in the Council Packet for 8/5/13 as an informational item. Of particular
note is the successful completion of a pilot student exchange/ experiential
learning program by six teens from Palo Alto High Schools. Staff was also directed
to return to Council with a study session on International Relations. This action
session of the Council is intended to allow for discussion, but also includes the
flexibility for some specific actions for Council’s consideration.
As noted in the informational report on 8/5/13, The City has also been invited by
the Bay Area Council to take part in the “Smart City” Conference 2013 to be held
in China. It begins outside Beijing in Tianjin and concludes in Yangpu, Shanghai.
The Mayor and the City Manager (or appointees) have been invited to speak at
the conference. Vice Mayor Shepherd has been participating in the steering
committee process and expects to have an informative program involving green
tech leaders, government officials and industry. The purpose is to promote 21st
Century thinking on green efforts as China develops their domestic economy and
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public services. The conference is scheduled for October 13-20, and all council
members are welcome to attend. The Bay Area Council has created a special
government rate for those interested in participating.
City of Espoo, Finland and Aalto University
In late May, 2013, The Mayor, Vice Mayor, City Manager, and Asst. Planning
Director met with representatives from the Stanford Technology Venture
Program, leaders from the City of Espoo, Finland, and the University of Aalto in
Espoo. Through this interesting discussion, an idea emerged that a program
between Palo Alto and a Stanford graduate student could be developed with a
focus on government innovations and entrepreneurship. If such a program was
also developed simultaneously between the City of Espoo and Aalto University, it
could form the initial foundation for a very interesting “Smart Cities” Partnership
as well.
Discussion
The City of Palo Alto has an opportunity to build on its international identity and
the existing strong foundation of international relationships to create new value
for the City. In this Digital Age, it is appropriate to build upon our goodwill and
cultural exchanges to reach beyond to form new economic, technical, and
innovation focused programs with other cities in the world.
We can leverage our existing international relationships and add some new ones,
especially those that benefit our city and enhance our position in the global
marketplace. A nimble model such as the “Smart Cities” partnership allows us to
explore potential relationships and engage in shorter term, focused collaboration
towards specific and measureable goals.
The “Sister City” model has an important place in the history of Palo Alto. It has
provided a strong foundation for our international relations. The efforts of the
Neighbors Abroad volunteers and Staff over the last 50 years have been
remarkably valuable and fruitful for the City, especially from a cultural,
City of Palo Alto Page 7
educational, and ambassadorial perspective. Staff recommends that the City
continue to support the Sister City programs, visits, and exchanges largely
managed by Neighbors Abroad. At the same time Staff can also work with
Neighbors Abroad and other interested community members to create new
strategic opportunities as well. These results-oriented relationships need not rise
to the level of depth and permanence of the “Sister City”, and indeed should be
lithe and flexible in their structure. It is intended that through the inclusion of a
new Smart Cities model, Staff and Neighbors Abroad can work to attract a
broader range of citizens to volunteer in the efforts.
Given the background and meetings between the City of Palo Alto and the City of
Heidelberg, a short term Smart City Partnership between the two cities is a good
chance to experiment with a new model and a chance to develop some
measurable results. Additionally, Staff anticipates using it as a test case to draw
new people and interest into our collaboration with Neighbors Abroad. A draft of
a non-binding and exploratory agreement with Heidelberg was created for the
Council’s consideration and approval, and is attached as (Attachment 5)
Government Innovation and Entrepreneurship Fellowship
Staff is also seeking the Council’s direction to work with Stanford to explore the
interest in designing a fellowship that would focus on innovations in local
government and entrepreneurialism. Staff would develop a framework for a
potential program and return to Council for discussion/ action at a later time.
Timeline
Staff intends to return to Council with an update in the first quarter of 2014.
Resource Impact
Some staff time will be dedicated to this effort. it is likely that additional
resources may be requested as part of any further staff recommendations,
especially the creation of a Government Innovations/ Entrepreneurship
Fellowship.
City of Palo Alto Page 8
Additional Sources
[1] www.sister-cities.org/mission-and-history
[2] www.neighborsabroad.org
[3] http://www.cities-
localgovernments.org/committees/cdc/Upload/formations/smartcitiesstudy_en.pdf
Attachments:
Attachment 1: Excerpt Minutes 10-22-12 (Heidelberg Presentation) (JPG)
Attachment 2: Excerpt Minutes 12-17-12 (Yangpu Partnership and Direction for Study
Session) (PDF)
Attachment 3: Yangpu Partnership Agreement_Final (PDF)
Attachment 4: Heidelberg Presentation 10-12 PPT (PPTX)
Attachment 5: Heidelberg-Palo Alto Draft MOU_7-1-13 (DOCX)
Attachment 6: Heidelberg Climate Protection Commitment (PDF)
SPECIAL ORDERS OF THE DAY
3 . Presentation From the City of Heidelberg, Germany .
Thomas Fehrenbach, Economic Development Manager, gave a background of
discussions between the City of Heidelberg, Germany and the City of Palo
Alto. He described the interest in exploring a relationship between the two
cities. He introduced Michael Kelly, local resident and former resident of
Heidelberg, Germany who gave a presentation highlighting Heidelberg's
attributes and areas of potential partnership with Palo Alto. Peter Graf, an
executive for SAP, which had locations in the Heidelberg region and the City
of Palo Alto followed with his perspectives on tangible projects between the
two cities, especially as it related to engaging the respective communities
towards sustainability goals.
Mayor Yeh noted that Staff would bring forward an item at a future meeting
for Council to consider entering into a partnership agreement or
Memorandum of Understanding with the City of Heidelberg.
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building designed to house Kindergarten and Pre-K classroom and after
school day-care program activities.
MOTION PASSED: 8-0 Price absent
19. Presentation and Update on Council and Staff Visit to Yangpu District,
China and Request for Direction on Next Steps of Partnership Between
the City of Palo Alto and the Yangpu District of China.
James Keene, City Manager said Mayor Yeh, Council Member Shepherd,
Council Member Elect Berman, and Staff went to Yangpu, China. He said
Palo Alto entered into a three year agreement with the Yangpu District.
Yangpu had a relationship with the Bay Area Council and Palo Alto City
Council wanted to discover the potential for a partnership. The visit to
Yangpu included visits to technological parks, official meetings, and dinners. He commented on how the Bay Area Council partnership helped to leverage
the value of the relationship. Establishing relationships helped to set a
foundation that benefited Palo Alto.
Thomas Fehrenbach, Economic Development Manager said there were
several steps Staff sought Council direction on. Council sought to gauge the
interest of Palo Alto Unified School District (PAUSD) in a foreign
internship/exchange program and wanted to determine Palo Alto’s
involvement with the conference of Smart Cities in China, possibly including
Stanford University. Additionally, Council wanted to explore partnership and
collaborative opportunities.
Mayor Yeh said the goal was to come back to Council with a clear follow up
on the three year timeframe of the Memorandum of Understanding (MOU)
that was signed with Yangpu District in China and the City of Palo Alto.
Del Christensen, Bay Area Council member and Department Chief of Global
Business Development thought the relationship was a very collaborative one
and said working together was positive. The Yangpu district wanted to have
some kind of a presence in the Silicon Valley; there were education
programs he thought could be beneficial. China invited Palo Alto to the
second annual Smart Cities Symposium in September and wanted to
continue the conversation of building Smart Cities at that time. The Yangpu
District was emerging from an industrial to an innovational zone and there
were a lot of similarities between Yangpu and Palo Alto. He remarked that
Stanford Research Park collaborated with similar projects that were
emerging in China.
Mayor Yeh said PAUSD needed to take the lead in instituting the foreign
exchange program, imitating the model of the Japanese Sister City Program.
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He said one difference between the Japanese Sister City Program and the
Yangpu District Program was that Yangpu focused on internship
opportunities. Part of the effort was to connect with several of the
companies that existed in the Stanford Research Park District and for
Yangpu to pursue opportunities with Palo Alto students, in tandem with
PAUSD. In discussions with PAUSD with regard to Yangpu China, he asked
school board members why students were learning Mandarin Chinese. Many
said they learned the language to prepare for future career opportunities.
This relationship aligned with the Youth Forum and PAUSD. He said having
different complexity levels within the Student Exchange Program, the Smart
Cities Program, and the Research Parks Program made the converge
exciting.
Council Member Shepherd mentioned Hillary Clinton, Secretary of State’s
program called 100,000 Strong, a program dedicated to bringing 100,000
youth to China. Council reached out to the Super Intendant of PAUSD in
order to connect with the Instructional Supervisors of the high schools and
with parents of the students studying Mandarin Chinese.
Dana Tom, PAUSD Board Member spoke from the perspective of a School
Board Member and a parent. He referenced the Spanish
internship/partnerships and said there was not a lot of effort that was
needed to arrange the exchange. He thought it was good to speak to
parents about their level of interest in the program and the volunteer
participation options available.
Council Member Holman asked what the financial arrangement was for the
Smart Cities Conference.
Mr. Keene said they did not have that information at this time and said the
Smart Cities Program was part of combining a lot of different components of
cities in many ways, and how it was timely to be thinking of the 2014
Symposium in Palo Alto.
Council Member Holman confirmed that there was no notion of what the cost
was.
Mr. Keene said he would be coming back to Council at a later date with the
cost.
Council Member Espinosa mentioned the Neighbor’s Abroad Program and the
Sister Cities Program relationship and wanted better understanding on
where the Yangpu China relationship was headed. He talked about how the
cities connected with Palo Alto wanted an economic partnership with Palo
Alto and how that meant having nonprofit organizations run these programs.
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He wondered if more cities were getting involved, where this left the Sister
Cities Program and what the difference was in the present educational
programs and Yangpu China.
Mr. Fehrenbach commented that Neighbor’s Abroad meant mainly building
cultural relationships and was a way to engage citizens in Palo Alto. He said
Neighbor’s Abroad expressed interest in being involved in Yangpu China.
Mr. Keene said a lot of the visitors from other countries helped show what
opportunities there were. These relationships made clear the criteria for
participation, allowing people to see new potential in economic, intellectual,
and innovative ways. Palo Alto did not have infrastructure requirements
outlined, but the Bay Area Council partnership helped to build requirements.
There was a potential for the Sister Cities relationships to evolve and said the criteria that should be discussed was why, who, and how was Palo Alto
going to support and sustain these relationships.
Council Member Espinosa thought it was good to understand what the
relationship looked like before engaging in a partnership, but more
importantly, deciding where in the world Palo Alto should build partnerships,
rather than being reactive about decisions.
Mayor Yeh said there was some discussion on different ways for community
members to be engaged with the Sister Cities Programs and what it meant
to have an inactive status. There was an acknowledgement from Neighbor’s
Abroad that some programs might need to be reinvigorated. The Student
Internship Program was not intended to touch City Staff, the responsibility
was on parents. One reason for choosing China was Palo Alto had a 15
percent Asian population, and in high schools the ratio was higher. He said
this was an opportunity for people who were not civically engaged to be
involved. He pointed out that Staff was not using time to arrange the 2013
Symposium in China, but was going to use time for the 2014 Conference
held in Palo Alto. He said Stanford Research Park received a lot of interest
to host and set up meetings.
Mr. Keene said this was fair criticism and said they safeguarded themselves
a little by creating a three year pilot program with Yangpu. He thought Staff
learned a lot on how to build and sustain these types of relationships. Who
Palo Alto wanted to be partnered with was a conversation that needed to
happen in the future. In the case of Heidelberg and the dialogue had there,
he asked if there were practices, leadership lessons, or healthy competition
that could be used in the realm of municipal urban sustainability
improvements that a city was able to make. With regard to the Sister Cities
relationship, there was proactivity on their part and said there was
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something to learn from places in Europe as well, adapting or deepening the
relationships they already had. With any new relationship, he suggested a
pilot program before engaging in something long term.
Council Member Espinosa said the questions were Staff should create a pilot
program before engaging in any new relationship, not why China, why
Heidelberg. He wanted to know how they came to choose this particular
relationship.
Council Member Burt said in terms of collaboration with other community
groups, the City had entities where people congregate, for example, with
international schools and faith groups. Those organizations were yearning
for relationships. He encouraged PAUSD to look at the relationship
differently and said this could be done with facilitators. He said this meant working with parents within the community. He did not think this
relationship was a reactive one, it was responsive. This relationship was not
only grounded at a center of technology, but it involved the demographics of
our community. The Mayor wanted to engage civic activity in Palo Alto, the
Bay Area Council helped elevate that. He said the question was what
commonalities were there between Palo Alto and Yangpu. Yangpu had
innovation centers, did it have a strong commitment to urban sustainability,
and was it university orientated. He thought this was a good avenue for
collaboration and said Palo Alto needed to look outside the boundaries for
participation; there was no reason to limit the relationship.
Council Member Klein thought they should ask what they really wanted out
of these relationships and was Palo Alto looking to make money for the
community. He asked if the relationship increased sales by so many
millions, was that the model, or was it about exchanging ideas about
environment, or culture. He said Yangpu was very different than the
Neighbor’s Abroad Program because the Yangpu China relationship was a
business relationship. He was hopeful that Council and Staff would find the
time to figure out what Palo Alto wanted. He thought it was good to ask
how many of these relationships Palo Alto was going to be able to handle
and what the goal was. He suggested looking at this relationship the
opposite way. For example, he asked if there was a possibility of being a
donor, or big brother and did Palo Alto want to be a peer only.
MOTION: Council Member Shepherd moved, seconded by Mayor Yeh to
accept the report of activities of the recent Bay Area Council delegation to
China and direct staff to continue pursuing a formal “Smart Cities”
partnership with the Yangpu District of Shanghai (Yangpu) by 1) Exploring
the Palo Alto Unified School District’s interest in creating a student exchange
program, 2) Engaging with Bay Area Council and Yangpu Officials to explore
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City participation in a “Smart Cities” Conference in Summer 2013, and 3)
Engaging the Stanford Research Park management and employers to identify
areas of mutual interest and potential collaboration with the Bay Area-
Yangpu Digitization Park management and employers.
Council Member Shepherd said most of these questions were discussed on
the trip. For example, they asked how Palo Alto was going to develop the
next steps and why Palo Alto was entering in this relationship. Many people
had relationships with China. She said there was a lot of connectivity that
Council did not look at. This brought better thinking, not just with the
community, but on a corporate level.
Mayor Yeh was excited to deepen the relationship with the Bay Area City
Council. The Motion encouraged community engagement and brought in new ideas about being civically engaged. He was very supportive of Council
Member Klein’s comments.
INCORPORATED INTO MOTION WITH THE CONSENT OF THE MAKER
AND SECONDER to direct Staff to prepare a study session in the first half of
2013 to discuss metrics for determining whether a relationship with a foreign
city is successful and criteria for future relationships.
MOTION PASSED: 8-0 Price absent
18. 2012 Year in Review.
James Keene, City Manager said it was good to look back on the year to
reflect on accomplishments and to consider what needed to be done. The
National Citizen Survey for 2012 showed data on improvements in the
quality of life, the quality of Palo Alto’s services, Palo Alto’s neighborhoods,
Palo Alto as a place to use, and recommending Palo Alto as a place. The
survey enabled Palo Alto to benchmark their numbers and performance
against other jurisdictions in the United States. Service ratings for Economic
Development, Emergency Preparedness, and Recreation Centers increased
and showed excellent or good; many of Palo Alto’s characteristics were
above the national benchmark. When compared with County, State, and
Federal government, Palo Alto scored significantly higher. He said the
Council Priorities were City Finances, Land Use and Transportation,
Emergency Preparedness, Environmental Sustainability, and Community
Collaboration for Youth Well Being. The City Finances balanced and closed
with a $5.8 million gap and $2.4 million in Ongoing Structural Changes.
Since 2009 in the General Fund, there was a surplus of $9 million in Ongoing
Structural Changes. Palo Alto was at the forefront in Structural
Compensation Benefits with five new labor agreements adopted; Palo Alto
kept its AAA Utility Bond Rating. $7.5 million was saved by refinancing the
INTENTION AGREEMENT BETWEEN
CITY OF PALO ALTO, CA, USA
AND
YANGPU DISTRICT, SHANGHAI, CHINA
In the spirit of friendship and the principle of equality and mutual benefit, through
friendly negotiation, City of Palo Alto, CA, USA and Yangpu District, Shanghai,
China, agree to execute this Intention Agreement to support the following principles
and actions:
1. The Parties agree to explore mutual economic interactions to enhance the
economic health and betterment of their respective communities and enterprises.
2. The Parties facilitate technological, scientific, environmental sustainability,
educational and cultural exchanges between their communities.
3. The Parties strive to keep each other informed on important economic and civic
issues.
4. The Parties will seek opportunities to promote public awareness of the agreement.
5. No Party has the power of authority to legally bind any other Party and nothing
herein contained shall be construed as authorizing any Party to act as an agent or
representative of any other Party. Nothing in this Intention Agreement shall be
construed to create or constitute a legally binding obligation of the Parties.
6. The agreement shall have a term of three years through September 30, 2015 with
an option for the Parties to consider renewal of the agreement at the end of the
term.
In Witness, Whereof, the Parties have duly executed this Intention Agreement on
this 27th day of September, 2012.
CITY OF PALO ALTO YANGPU DISTRICT
Heidelberg –A Multicultural and Multidisciplinary City
Heidelberg –A Multicultural and Multidisciplinary City
Science Education
Quality of LifeInternationality
Heidelberg –A leading Science City
Science Education
Quality of LifeInternationality
•30 500 students-18% international
•5 500 postgraduates-30% international
•1 127 PhD students
-23% international, in some departments up to 50%
•438 professors-20% international
Heidelberg University
Heidelberg –A leading Science City
Additional universities and colleges in Heidelberg
Schiller International
University
University of
Applied Sciences (SRH)
Pepperdine University
Troy University
(Alabama)
College of Education
University for
Jewish Studies
University of Maryland
Heidelberg –A leading Science City
European Molecular Biology Laboratory (EMBL)
National Cancer Research Center (DKFZ)
4 Max-Planck-Institutes
National Center for Tumor Diseases (NCT)
Heidelberg Ion Beam Therapy Center (HIT)
European Media Laboratory (EML)
EMBL – Advanced Training Center
(ATC)
Non-university research institutions
Heidelberg –A leading Science City
Population in research and development
• 21% of all employees working in
Heidelberg have a university degree.
The national average is 11%.
• The percentage of employees with a
university degree working in
Heidelberg is continuously increasing.
• 60.9% of all employees are occupied
in knowledge-intensive services.
• 55.8% of all branches are knowledge-
intensive services.
Heidelberg –A leading Science City
Population in research and development
8 745 persons employed at universities 36 500 students at universities
84,8% German students
15,2% international students
86,5% German staff
13,5% international scientific staff
Heidelberg –A leading Science City
•Technology Park with nearly 90 SME on 60 000
sqm (biotech, medical and environmental
science companies)
•Employing ca. 2 000 scientists and technicians
•160 associated members (lawyer, patent
attorneys, financing funds, marketing, service
providers)
•Born to network science and economy across all
departments
•Creation of an innovational climate that attracts
scientists and companies from all over the world
Te chnology Park –Linking science and economy
Technology Park Heidelberg
Heidelberg –A leading Science City
New companies, buildings and institutions in research
Offices and Labs:
Skylabs
Opened in 2012
Heidelberg –A leading Science City
New companies, buildings and institutions in research
Research Institutions:
EMBL Advanced Training Centre
Opened in 2010
Heidelberg –A leading Science City
The 2,4 million people of the „Rhine-Neckar-Region“…
• Leading in patent applications in
Germany
• Highest concentration of researchers
in Europe
• 4 000+ jobs in the „cultural and
creative sector“ including software, art,
design and literature
… are among the most productive in Europe and turn ideas into projects, patents
and products.
Heidelberg –A leading Science City
Positive investment climate
Almost all companies have their training and research centers at their Heidelberg branches.
A region of knowledge and science-based enterprises
Heidelberg –A leading Science City
Science Education
Quality of LifeInternationality
Heidelberg –Worldclass Education
Science Education
Quality of LifeInternationality
Heidelberg –a City driven by Internationality
International Relations
Heidelberg –A City driven by Internationality
Heidelberg Club International
•11 chapters worldwide
•Foundation of a new chapter in
Shanghai in 2012
Population
•150 000 inhabitants
•17.4 % international
6 sister cities wordwide
•Montpellier (France) since 1961
•Cambridge (UK) since 1965
•Rehovot (Israel) since 1983
•Simferopol (Ukraine) since 1991
•Bautzen (Germany) since 1991
•Kumamoto (Japan) since 1992
International School
•222 pupils
•40 nationalities
•International Baccalaureat
International Kindergarten
•145 children
•22 nationalities
Quality of LifeInternationality
Science Education
Heidelberg –Quality of Life
Cultural Life in a City of Science
Tradition and innovation make Heidelberg
• 4 theaters
• 2 symphony orchestras
• 12 museums
• 14 art galleries
• 3,3 million visitors a year
• 80 hotels / over 1 mio.bookings
• Heidelberg Spring festival
• Enjoy Jazz
• Castle Theater Festival
• Heidelberg Literature Days
• International Film Festival
Heidelberg –Quality of Life
• UN-City for Sustainable Development 2012 (UNESCO )
• Capital of Fair Trade 2011 (Federal Ministry für Development)
• City of Fair Trade 2010 (Fair Trade)
• Federal Capital for Nature Protection 2007 (DUH)
Heidelberg –A Leader in Sustainability and Climate Protection
8 awards in the last 10 years, amongst them:
Heidelberg –Quality of Life
• Frontrunner in saving energy in public buildings
è Carbondioxide emissions in municipal buildings since 1993: minus 48 %
• Highest quota of green electricity in Germany
• First user of trams with Supercap Te chnology worldwide
Heidelberg -A Pioneer in Climate Protection Strategy
CO2-emissions of municipal buildings in tons
Heidelberg –Quality of Life
• Free of CO2 emissions
• 100% renewable energies
Highest Ecological Standards –Passive House Construction
Fire Brigade Heidelberg
School Gym
Heidelberg –Quality of Life
A city of employment
Thank you for your attention!
Page | 1
Smart Cities Partnership between the City of Heidelberg, Germany, and the City of Palo Alto,
California, USA
Introduction
The City of Heidelberg, Germany and the City of Palo Alto, California are interested in formalizing their
relationship, especially in the areas of cultural exchange, environmental sustainability and innovation-
driven economic development. As such, both entities would like to engage in a non-binding “Smart
Cities” Partnership to work together to strengthen ties.
Goal of the agreement
The principal goal of the partnership is to leverage the assets of both Heidelberg and the City of Palo
Alto (cutting-edge research, talented workforce, world class educational institutions, emerging
technologies, engaged communities, forward-thinking policies and strategies, diverse populations, etc.)
to exchange ideas and value, especially in the areas of environmental sustainability and innovation-
driven economic development.
Areas for collaboration
Heidelberg and Palo Alto, through the sharing of information and “best practices” will assist each other
by sharing our perspectives, successes, and challenges, especially in the areas of economic and
environmental sustainability. We will strive to understand our respective places and cultures, and seek
to partner in specific areas with a focus on mutual benefit. Once we have built a strong foundation, we
will seek to create mutual programs with measurable results. These programs will target the areas of
sustainable practices & community engagement, as well as the development, market introduction, and
application of new technologies.
Areas of specific interest include assistance to businesses that are developing technology in energy
efficiency, cloud computing, interactive digital arts and gaming, nanotechnology, biotechnology/
medical devices/ health care, sustainable development, electric vehicles and “smart automotive”,
renewable energy, and design. Cooperation or collaboration in these areas will be on an activity-by-
activity basis and through mutual consultation.
Both Palo Alto and Heidelberg will facilitate global growth for local businesses and community
engagement by functioning as the gateway to European and United States’ markets and communities
respectively. This gateway concept will include assisting in identifying community leaders, research
institutions, and companies for visitation, venues for further outreach, and the sharing of information to
assist business growth.
A contact person will be identified in each location to assist with coordination of activities. The identified
contact person will work with business associations and research institutes to assist with connectivity to
the appropriate resources or investment locations in Heidelberg and Palo Alto.
Page | 2
Partners will work to promote mutually beneficial relationships through Stanford and Heidelberg
Universities to foster internships and cross-businesses/ cultural exchanges. In addition, at least one joint
event will be pursued to engage leaders in both cities towards some meaningful dialogue and
measurable outcomes.
Partner Organizations
To effectively accomplish the above goals, it is critical that other partners in addition to the local
government participate in this mission. The following are potential Partner organizations
Heidelberg
Heidelberg University
Heidelberg Club International
Chamber of Industry and Commerce Rhine-
Neckar
Heidelberg Technologiepark
Palo Alto
Palo Alto Chamber of Commerce
Stanford University
Stanford Research Park
Palo Alto Unified School District
Palo Alto Community Environmental Action
Partnership
Neighbors Abroad
Duration of the Partnership
The partnership will be in effect between Heidelberg and Palo Alto for a period of five years from
November 1, 2013. After November 1, 2018, this Alliance will automatically renew on each anniversary
date unless notice of non-renewal is provided by either party 30 days prior to the renewal date. Both
cities agree to review progress on a bi-annual basis.
This partnership expresses the mutual intention of Heidelberg and Palo Alto to foster collaboration in
areas of economic and environmental sustainability. Nothing contained in this document shall be
construed as forming a contract, business entity, partnership or fiduciary relationship or any other legal
obligation between Heidelberg and Palo Alto.
This Partnership is acknowledged and agreed to on behalf of the City of Heidelberg, Germany and this
_________ day of _____________, 2013 in the City of Heidelberg, Germany by
_______________________________, Dr. Eckart Würzner, Mayor of the City of Heidelberg
(Signature)
Page | 3
This partnership is acknowledged and agreed to on behalf of the City of Palo Alto, California, USA, on
this __________ day of _____________________in the City of Heidelberg, Germany, by
______________________________, H. Gregory Scharff, Mayor of the City of Palo Alto, California
(Signature)
Greetings
The City of Heidelberg is focused on climate protection. It sets an
example following the motto of "Think globally -act locally". One
of our major achievements is that we have been able to reduce
the energy consumption in real estate owned by the City by approxi-,
mately SO per cent. The good results in saving energy in municipal
buildings show that the path we have chosen is right and that we
are able to reach the goal adopted by the City Council: a 20 per cent
reduction in municipal Cal emissions, compared to 1987, by 201S.
Climate protection concerns all of us -not just the City Administration. This
is why we would like to persuade particularly our citizens for a stronger com-
mitment. The poster campaign "Climate is looking for protection in Heidel-
berg -also with you" triggered impressive reactions and a clear commitment
for more climate protection with the Heidelberg residents. However, com-
panies, too, may show their colours for committing themselves to climate
protection. The City of Heidelberg promotes all entrepreneurs who commit
themselves to sustainable business. "Sustainable management in small and
medium-sized enterprises in Heidelberg" started as a model project of the
City of Heidelberg in 2001 . Based on the motto "Offering. not prohibiting",
it helps companies which do not have the financial or human resources
to introduce a sustainable management polky with the implementation of
an appropriate environmental management system and with legal advice
to achieve legal certainty. Sustainability has also top priority in education.
Children and young people become familiar with the issues of energy and
environmental protection through the "Energy saving at Heidelberg schools"
project. also known as the HE-Team Project". at an early age. Thus pupils
learn that everyone can do something for climate protection.
Ambitious reduction targets and a consistent climate protection policy offer
a long-term prospect for sustainable investments in the future. The new
Heidelberg Bahnstadt city district is the world's largest passive house building
area -an excellent example of active climate protection. With respect to
the reduction of energy consumption in new buildings it will offer great out-
look for our city and have lighthouse character. Thus Heidelberg succeeds
step by step to embody the idea of sustainability in all spheres of society.
Dr. Eckart WUrzner
lord Mayor of the City of Heidelberg
Figures
Fig. , Testimonial~ of local climate protectors 7
Fig.2 Long-term development of energy consumption in kWh 9
(reduction -50 per cent)
Fig.3 Development of COl emissions within the municipal facilities 10
(reduction by -48 per cent)
Fig. 4 Se<toral development of COl emissions in Heidelberg (1987 to 2006) 10
Fig. 5 Long-term cost development including increasing energy tariffs 11
Fig. 6 Long-term cost development on the basis of the 1993 consumption 12
with increasing energy tariffs
Fig. 7 Consultation concept brochures 15
Fig.S Sustainable and energy-efficient city district -Heidelberg Bahnstadt 15
Fig. 9 Analysis of the cost-effectiveness of various energy standards 16
in the energy concept for Bahnstadt
fig. 10 Construction sites in Germanys biggest urban development 17
project -Heidelberg Bahnstadt
Fig. l' PV on school roofs (Helmholtz Grammar 5<:hool) 19
Fig. 12 Solarmobile HSpeedyH -Constructed by students of 21
Johannes Gutenberg School
fig. '3 Energy Caravan -Participation of the E-Teams-22
200 students in shopping area
Fig. 14 Pupil's drawing -Power from water. wind and sun 24
Fig.1S Energy Teams -Participation in the testimonial campaign 25
Fig. 16 In workshops materials such as instructions for handling 30
hazardous materials are developed
Fig. 17 Company inspection session 31
fig.1S Awards for the participants of the projed as well as for 31
EMAxertitiedcompanies are presented by Lord Mayor
Dr. Eckart WOrzner and Mayor Dieter Morlein at local caf
dealership HAutohaus OechentH, March 11th, 2009
Fig.19 Joint fire drill of the working group 32
Fig. 20 On-site waste consultation 34
school classes, sports clubs, politicians, musicians, families, entrepre-
neurs, young and old people -showed their true colours and revealed :
We are in. With many small behavioural changes in everyday life we
can influeflce the imminent climate changes.
Fig. 1
Testimonials of local
climate protectors
7
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
August 12, 2013
The Honorable City Council
Palo Alto, California
From the Policy and Services Committee Boards and Commissions
Recruitment Program Revisions
Recommendation
Staff recommends that Council approve the Policy and Services Committee
recommendations to adopt an ordinance and resolutions (Attachment A)
updating the Boards and Commissions Recruitment Program by:
1) realigning Board and Commission terms to match a biannual recruitment
schedule, with the Human Relations Commission, Library Advisory
Commission, Public Art Commission, and Utilities Advisory Commission
recruitments in April each year and the Architectural Review Board, Historic
Resources Board, Parks and Recreation Commission, Planning and
Transportation Commission, and Storm Drain Oversight Committee
recruitments in October of each year;
2) allowing for midterm resignations to be reviewed by Council on a case by
case basis;
3) providing the City Clerk latitude on how to advertise in local media;
4) directing the City Clerk to continuously accept applications throughout the
year;
5) encouraging Staff Liaisons and Commission Members to commit to
participation in the Boards and Commission Recruitment Program;
6) directing the City Clerk to hold a trial volunteer fair inclusive of all
applicable City Government volunteer opportunities, with a table for each
Commission, hosted by the City in March 2014; and
7) directing the City Clerk to begin hosting in 2013 an annual Boards and
Commissions Members recognition event.
Page 2
Executive Summary
The City Clerk Staff met with the Policy and Services Committee twice to
discuss revising the Boards and Commissions Recruitment Program. During
these discussions it was confirmed that the recruitment process was
cumbersome, stale, and ineffective. Staff brought recommendations to the
Committee that focused on several key functions of the program including:
Streamlining the recruitment program from many times a year to
twice a year beginning in 2014
Giving the City Clerk more latitude to advertise recruitments more
effectively
Increasing collaboration with key Staff and Liaisons
Hosting a volunteer fair to increase visibility of the volunteer positions
Updating the applications (Staff is working with a subcommittee,
updates are not ready yet. Once changes are made Staff will bring the
applications back to the Policy and Services Committee for review.)
Revising the interview process
Hosting a recognition event to honor currently serving commissioners
Creating a training and mentoring program for new commissioners for
roll out as “Phase II” to the Boards and Commissions Recruitment
Program revision at a later date (Policy and Services moved for Staff
to develop this component to the program at a later date)
The Policy and Services Committee recommended the City Council approve
the changes outlined in this report.
Background and Discussion
The City has nine Boards and Commissions that Staff regularly recruits for.
Recruitments are currently conducted as terms expire at various times
throughout the year. Between the scheduled recruitments and resignations
we hold an average of 11 recruitments per year. The recommendation is to
change the term dates on the commissions allowing for two scheduled
recruitments during each year. Upon the resignation of a Commissioner in
the middle of a term, Council would determine whether to hold a special
recruitment to the fill the vacancy or wait until the next scheduled
recruitment.
The Municipal Code requires we advertise in a newspaper of general
circulation for every recruitment. Less than 10 percent of the applicants
indicate they discovered the vacancy through these ads. The greatest
number of applicants comes from direct contact by the Council,
Commissioners, Staff Liaisons, and City Clerk Staff, as well as
Page 3
communications from professional groups such as the American Institute of
Architects or the Chamber of Commerce. The recommendation is to
eliminate the print advertisement requirement from the Municipal Code. The
City Clerk would then have the flexibility to funnel the advertising budget
into more effective methods that would better reach the community.
The recommendation also includes Council’s encouragement to Staff Liaisons
and Boards and Commissions Members to become more active participants
in the Boards and Commissions Recruitment Program. As mentioned
previously applicants very often state that they heard about the vacancy
through their communications with Staff, Council, and current
Commissioners.
The Policy and Services Committee is recommending Council approve a trial
run of a City hosted Volunteer Fair. This would be an opportunity for the
City to gather all of the volunteer opportunities throughout the organization
together and invite the public to come and learn about these opportunities.
Each Commission would have a table staffed by a Commissioner and or Staff
Liaison to interact with and educate potential applicants. This event would
be open to all City departments with volunteer opportunities, held in a City
facility to keep cost to a minimum, and held by March 21st to coordinate with
the spring recruitment.
Staff brought recommendations to the Policy and Services Committee
regarding potential changes to the applications used in the recruitment
process. The committee assigned a sub-committee to revise all of the
applications. That work is on-going. Staff will return to the Policy and
Services Committee for further discussion once the initial work with the
subcommittee is complete.
The Policy and Services Committee did not recommend any changes to the
interview process.
The Policy and Services Committee recommended Council approve an annual
Recognition Event for the Boards and Commissions Members. The
recommendation indicated a preference for the event to be held offsite and
independent of other events. Staff would plan to host the event in
coordination with the fall recruitment each year.
Lastly, the Policy and Services Committee recommended Staff develop a
Training and Mentoring Program to be implemented at a later date. Staff is
considering this for roll out in 2014. The concept would include the City
Clerk Staff coordinating with other departments to provide consistent
information for in-coming Commissioners regarding such important topics as
Page 4
the Brown Act and Conflict-of-Interest. If we switch to biannual
recruitments it would make sense to bring all new Commissioners in at the
same time to learn the common information they all need to know. Each
group would then break out with the relevant departments to learn about
Committee specific information.
The Staff Reports from both Policy and Services Committee meetings and
the excerpted minutes from both meetings are attached. Content not
relevant to this report (such as content regarding the applications revisions)
has been edited from the staff reports to conserve resources. Full versions
of the reports are available on the City website:
http://www.cityofpaloalto.org/gov/agendas/committees/policy.asp
Resource Impacts
There will be limited resource impacts mainly focused on Staff time if Council
approves this program. Planning for an annual Volunteer Recruitment Fair
could take substantial Staff time, however it is difficult to accurately
estimate at this time. City space and equipment will be used for the event
effectively limiting the amount of money to produce the event. The primary
budget draw will involve advertising which will be covered with the current
City Clerk Boards and Recruitments Advertising Budget.
If approved, the Annual Boards and Commissions Members Recognition
Event would require some budget and Staff time considerations. The
recommendation by the Policy and Services Committee was to host an event
offsite. There will be a cost for refreshments and venue. The existing City
Clerk Budget will be able to absorb these costs.
Policy Implications
In April, 2013 Staff presented a Boards and Commissions Recruitment
Program revision plan to the Policy and Services Committee. Motions
approved by the Committee, if approved by Council, will affect policy related
to Boards and Commissions. Significant Municipal Code changes will be
required and are outlined in Attachment A.
Page 5
The Policy and Services Committee made the following motions on April 9,
2013:
MOTION: Council Member Klein moved, seconded by Council Member
Holman to recommend the City Council accept the Staff recommendation to
conduct bi-annual board and commission recruitments, to switch the Utilities
Advisory Commission recruitment to the spring recruitment and the Historic
Resources Board recruitment to the fall, and neither of the current terms of
those two boards to be shortened. MOTION PASSED: 4-0
MOTION: Council Member Holman moved, seconded by Chair Kniss to
recommend the City Council accept the Staff recommendation to allow Staff
the latitude on how they would advertise in local media, to including looking
to online and the internet sources. MOTION PASSED: 4-0
MOTION: Council Member Price moved, seconded by Council Member Klein
to recommend to the City Council that when there are midterm resignations
that they will be reviewed by Council on a case by case basis. MOTION
PASSED: 4-0
MOTION: Council Member Holman moved, seconded by Chair Kniss to
recommend to the City Council that the Clerk’s Office continuously accept
board and commission applications. MOTION PASSED: 4-0
MOTION: Council Member Klein moved, seconded by Council Member Price
to recommend to the City Council to encourage Staff Liaisons and
Commission Members commit to participate in the Boards and Commission
Recruitment Program. MOTION PASSED: 4-0
MOTION: Chair Kniss moved, seconded by Council Member Price to
recommend the City Council accept Staff recommendation to conduct a trial
City hosted volunteer fair to be held by March 21, 2013 prior to the spring
recruitment, that each board and commission have a separate table with a
Staff liaison or Council Member; non-profit organizations will be controlled to
fit in with board and commission recruitments and so it reaches out to other
city activities. This is not to be a citywide nonprofit fair. MOTION PASSED:
4-0
MOTION: Council Member Holman moved, seconded by Council Member
Price to recommend to the City Council that Council Members Price and
Holman work with Staff to change the content of the application forms, and
then have this Sub-Committee discuss the interview process.
SUBSTITUTE MOTON: Council Member Klein moved, seconded by Chair Kniss
Page 6
to recommend to the City Council that a subcommittee work with Staff to
refresh the applications, interviews for all commissions be 10 minutes long,
and a beginning statement be no more than 3 minutes.
AMENDMENT: Council Member Holman moved, seconded by Chair Kniss
that the Planning and Transportation Commission interviews will remain 15
minutes. AMENDMENT PASSED: 3-1 Klein no
SUBSTITUTE MOTION PASSED: 4-0
MOTION: Council Member Price moved, seconded by Chair Kniss to
recommend to the City Council to hold an annual Board and Commission
recognition event. MOTION PASSED: 4-0
MOTION: Council Member Holman moved, seconded by Council Member
Price to recommend the City Council continue the training and mentoring
program discussion until a future date. MOTION PASSED: 4-0
ATTACHMENTS:
: Proposed Ordinance and Resolutions (DOCX)
: Edited 12-11-12 P&S Report with Minutes (PDF)
: Edited 4-9-13 P&S Report with Minutes (PDF)
Department Head: Donna Grider, City Clerk
Page 7
ORDINANCE NO. _____
Ordinance of the Council of the City of Palo Alto
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 2.16.010 (Vacancies) of Chapter 2.16 (Boards and
Commissions Generally) of the Palo Alto Municipal Code is hereby amended to read as follows:
“Any vacancy occurring in the membership of any board or commission may remain
vacant until the next regularly scheduled recruitment for that board or commission or may be
filled at any time by special recruitment, at the discretion of the City Council. shall be filled for
the remainder of the unexpired term in the manner providing for the original appointment.”
SECTION 3. Section 2.16.060 (Manner of Appointment) of Chapter 2.16
(Boards and Commissions Generally) of the Palo Alto Municipal Code is hereby amended to
read as follows:
“Following the notification of vacancy or pending vacancy on any board or
commission, the city clerk shall advertise the same in a newspaper of general circulation in the
city, including the council agenda digest, one time within two weeks.
(a) The City Clerk shall advertise vacancies or pending vacancies in boards and
commissions at least fifteen (15) days before such vacancies are scheduled to be
filled. The City Clerk shall exercise his or her discretion in choosing the method of
advertisement that will most effectively reach potential candidates.
(b) Concurrent with the advertisement of vacancies or pending vacancies on boards and
commissions, the City Clerk shall publicize the application and evaluation procedures
that will apply to such vacancies, including the last day on which applications will be
accepted for such vacancies.
(c) The City Clerk may extend the deadline for applications, as necessary to ensure a
sufficient number of qualified candidates.
(d) Applications received after the deadlines set by the City Clerk shall be held until the
next regularly scheduled or special recruitment for the applicable board or
commission.
(e) The City Council shall review all applications and shall make a final selection and
appointment at a regular City Council meeting after the period for submittal of
applications has expired.
(f) All members of boards and commissions shall take an oath of office before
commencing their service.”
SECTION 4. Section 2.16.070 (Schedule of Appointments) of Chapter 2.16
(Boards and Commissions Generally) of the Palo Alto Municipal Code is hereby added to read as
follows:
“(a) The City Council shall review applications to fill vacancies in the following boards
and commissions in April of each year:
(1) Human Relations Commission (Chapter 2.22)
(2) Library Advisory Commission (Chapter 2.24)
(3) Public Art Commission (Chapter 2.18)
(4) Utilities Advisory Commission (Chapter 2.23)
(b) The City Council shall review applications to fill vacancies in the following boards and
commissions in October of each year:
(1) Architectural Review Board (Chapter 2.21)
(2) Historic Resources Board (Chapter 2.27)
(3) Parks and Recreation Commission (Chapter 2.25)
(4) Planning and Transportation Commission (Chapter 2.20)
(c) The City Council shall fill vacancies in all other boards and commissions in April or
October of each year, at its discretion.
(d) The City Council may fill mid-term vacancies during the next regularly scheduled
recruitment for the board or commission or may hold a special recruitment, at its
discretion. Special recruitments shall be subject to the requirements of Section
2.16.060.”
SECTION 5. Section 2.18.030 (Manner of Appointment) of Chapter 2.18
(Public Art Commission) of the Palo Alto Municipal Code is deleted in its entirety.
“(a) In filling vacancies on the public art commission, the following procedures shall be
followed:
(1) Following notification of a vacancy or pending vacancy for a public art
commission position, the city clerk shall advertise the same in a newspaper
of general circulation in the city, including the council agenda digest, in
accordance with Section 2.16.060. Written nominations and applications
shall be submitted to the city clerk within such time period and shall be
forwarded forthwith to the city council for its consideration. Notwithstanding
the foregoing, if the nomination or application of an incumbent commission
member is not submitted to the city clerk within the period specified above,
the period shall be extended for an additional five days during which the city
clerk shall accept written nominations and applications of non-incumbents;
(2) The city council shall review all nominations and applications and shall
conduct such interviews as it deems necessary prior to selection; and
(3) Final selection and appointment shall be made by the city council at a regular
city council meeting after the period for submittal of nominations and
applications has expired.”
SECTION 6. Section 2.20.015 (Manner of Appointment) of Chapter 2.20
(Planning and Transportation Commission) of the Palo Alto Municipal Code is deleted in its
entirety.
“In filling vacancies on the planning and transportation commission, the following
procedures shall be followed by the city council:
(a) Following notification of vacancy or pending vacancy on the planning commission,
the city clerk shall advertise the same in a newspaper of general circulation in the
city, including the council agenda digest, in accordance with Section 2.16.060;
(b) Written nominations and applications shall be submitted to the city clerk within such
time period to be forwarded to the city council for its consideration.
Notwithstanding the foregoing, if the nomination or application of an incumbent
commission member is not submitted to the city clerk within the period specified
above, the period shall be extended for an additional five days during which the city
clerk shall accept written nominations and applications of non-incumbents;
(c) The city council shall review all nominations and applications and conduct such
interviews as it deems necessary prior to selection; and
(d) Final selection and appointment shall be made by the city council at a regular city
council meeting after the period for submittal of nominations and applications has
expired.”
SECTION 7. Section 2.20.020 (Term of Office) of Chapter 2.20 (Planning and
Transportation Commission) of the Palo Alto Municipal Code is hereby amended to read as
follows:
“The term Terms of office of each member on the Planning and Transportation
Commission shall be four years. or until his successor is appointed and Effective January 1,
2014, terms of office due to expire on July 31 of each year shall be extended to expire on
October 31 of the same year, and thereafter terms of office shall commence on the first day of
August November. If a successor is unavailable, a member may remain in office until his or her
successor is appointed.”
SECTION 8. Section 2.20.030 (Officers) of Chapter 2.20 (Planning and
Transportation Commission) of the Palo Alto Municipal Code is hereby amended to read as
follows:
“The commission shall elect its officers annually at the first meeting in August
November.”
SECTION 9. Section 2.20.040 (Expiration of Terms) of Chapter 2.20 (Planning
and Transportation Commission) of the Palo Alto Municipal Code is deleted in its entirety.
“Beginning with terms commencing August 1, 1978, two of said terms shall expire
on July 31, four years thereafter. One term shall expire on July 31, 1979, and thereafter that
term shall be for a period of four years. The persons appointed to the terms commencing
August 1, 1978, shall determine by lot which shall have the longer and which shall have the
shorter terms.”
SECTION 10. Section 2.21.010 (Architectural Review Board) of Chapter 2.21
(Architectural Review Board) of the Palo Alto Municipal Code is hereby amended to read as
follows:
“There is created an architectural review board consisting of five persons appointed
by the city council, and at least three of whom shall be architects, landscape architects, building
designers or other design professionals. Each member of the architectural review board shall be
appointed by the city council and shall serve, commencing on the first day of October, for a
term of three years or until his or her successor is appointed and takes office. The architectural
review board shall have the powers and duties specified in this chapter, and shall comply with
the procedures specified in this chapter.
SECTION 11. Section 2.21.020 (Manner of Appointment) of Chapter 2.21
(Architectural Review Board) of the Palo Alto Municipal Code is deleted in its entirety.
“In filling vacancies on the architectural review board, the following procedures
shall be followed by the city council:
(a) Following notification of vacancy on the architectural review board, the city clerk
shall advertise the same in a newspaper of general circulation in the city, including
the council agenda digest, in accordance with Section 2.16.060;
(b) Written nominations and applications shall be submitted to the city clerk within such
time period, to be forwarded to the city council for its consideration.
Notwithstanding the foregoing, if the nomination or application of an incumbent
board member is not submitted to the city clerk within the period specified above,
the period shall be extended for an additional five days during which the city clerk
shall accept written nominations and applications of non-incumbents;
(c) The city council shall review all nominations and applications and conduct such
interviews as it deems necessary prior to selection; and
(d) Final selection and appointment shall be made by the city council at a regular city
council meeting after the period for submittal of nominations and applications has
expired.”
SECTION 12. Section 2.21.025 (Term of Office) of Chapter 2.21 (Architectural
Review Board) of the Palo Alto Municipal Code is hereby added to read as follows:
“Terms of office on the Architectural Review Board shall be three years. Effective
January 1, 2014, the terms of office due to expire on September 30 of each year shall be
extended to expire on October 31 of the same year, and thereafter terms of office shall
commence on the first day of November. If a successor is unavailable, a member may remain in
office until his or her successor is appointed.”
SECTION 13. Section 2.22.015 (Manner of Appointment) of Chapter 2.22
(Human Relations Commission) of the Palo Alto Municipal Code is deleted in its entirety.
“In filling vacancies on the human relations commission, the following procedures shall be
followed by the city council:
(a) Following notification of vacancy or pending vacancy on the human relations
commission, the city clerk shall advertise the same in a newspaper of general
circulation in the city, including the council agenda digest, in accordance with
Section 2.16.060;
(b) Written nominations and applications shall be submitted to the city clerk within such
time period, to be forwarded to the city council for its consideration.
Notwithstanding the foregoing, if the nomination or application of an incumbent
board member is not submitted to the city clerk within the period specified above,
the period shall be extended for an additional five days during which the city clerk
shall accept written nominations and applications of non-incumbents;
(c) The city council shall review all nominations and applications and conduct such
interviews as it deems necessary prior to selection; and
(d) Final selection and appointment shall be made by the city council at a regular city
council meeting after the period for submittal of nominations and applications has
expired.”
SECTION 14. Section 2.22.020 (Term of office) of Chapter 2.22 (Human
Relations Commission) of the Palo Alto Municipal Code is hereby amended to read as follows:
“Terms of office on the Human Relations Commission shall be three years.
Commencing June 17, 1982, there shall be two members whose terms expire March 31, 1983,
two members whose terms expire March 31, 1984, and three members whose terms expire
March 31, 1985. Effective January 1, 2014, terms of office due to expire on March 31 of each
year shall be extended to expire on April 30 of the same year, and thereafter terms of office
shall commence on the first day of May. If a successor is unavailable, a member may remain in
office until his or her successor is appointed. Subsequent appointments shall be made for a
term of three years, or until their successors are appointed. Terms of office commence on April
1st.”
SECTION 15. Section 2.23.020 (Manner of Appointment) of Chapter 2.23
(Utilities Advisory Commission) of the Palo Alto Municipal Code is deleted in its entirety.
“The following procedures shall be followed by the city council when filling
vacancies on the utilities advisory commission:
(a) Following notification of vacancy or pending vacancy on the utilities advisory
commission, the city clerk shall advertise the same in a newspaper of general
circulation in the city, including the council agenda digest, in accordance with
Section 2.16.060;
(b) Written nominations and applications shall be submitted to the city clerk within such
time period to be forwarded to the city council for its consideration.
Notwithstanding the foregoing, if the nomination or application of an incumbent
commission member is not submitted to the city clerk within the period submitted
above, the period shall be extended for an additional five days during which the city
clerk shall accept written nominations and applications of non-incumbents;
(c) The city council shall review all nominations and applications and conduct such
interviews as it deems necessary prior to selection; and
(d) Final selection and appointment shall be made by the city council at a regular city
council meeting after the period for submittal of nominations and applications has
expired.”
SECTION 16. Section 2.23.030 (Term of Office) of Chapter 2.23 (Utilities
Advisory Commission) of the Palo Alto Municipal Code is hereby amended to read as follows:
“(a) Term of Office. Terms of office on the Utilities Advisory Commission shall be
three years. Effective January 1, 2014, terms of office due to expire on July 6 of each year shall
be lengthened to expire on April 30 of the following year, and thereafter terms of office shall
commence on the first day of May. The term of office of each member shall be three years or
until his or her successor is appointed. The initial terms of the three members who were in the
first group of city council votes on July 6, 2009 shall be three years. The initial terms of the two
members in the second group of city council votes on July 6, 2009 shall be one year.
Thereafter, beginning in 2010, the c Commission appointments shall be staggered so that in
each three-year cycle, two members are appointed one year, two members are appointed the
next year, and three members are appointed the next year. If a successor is unavailable, a
member may remain in office until his or her successor is appointed.
(b) Commencement Date. The terms of the three members who received the
highest number of city council votes on July 6, 2009 shall commence on July 7, 2009. The terms
of the members who received the fourth and fifth highest number of city council votes on July
6, 2009 shall commence on the effective date of this ordinance.”
SECTION 17. Section 2.24.020 (Manner of Appointment) of Chapter 2.24
(Library Advisory Commission) of the Palo Alto Municipal Code is deleted in its entirety.
“The following procedures shall be followed by the city council when filling
vacancies on the library advisory commission:
(a) Following the notification of any vacancy or pending vacancy on the commission, the
city clerk shall advertise the same in a newspaper of general circulation in Palo Alto,
including the council agenda digest, in accordance with Section 2.16.060;
(b) Written nominations and applications shall be submitted to the city clerk within such
time period to be forwarded to the city council for its consideration.
Notwithstanding the foregoing, if the nomination and application of any incumbent
commission member is not submitted to the city clerk within the period submitted
above, the period shall be extended for an additional five days during which the city
clerk shall accept the written nominations and applications of non-incumbents;
(c) The city council shall review all nominations and applications and conduct such
interviews as it deems necessary prior to selection; and
(d) The final selection and appointment shall be made by the city council at a regular
meeting of the city council after the period of time for the submittal of nominations
and applications has expired.”
SECTION 18. Section 2.24.030 (Term of Office) of Chapter 2.24 (Library
Advisory Commission) of the Palo Alto Municipal Code is hereby amended to read as follows:
“Except as hereinafter provided, the term Terms of office of each on the library
advisory commission member shall be three years or until his or her successor is appointed.
Commission appointments shall be staggered so that two (2) members are appointed in 2013
and every three years thereafter, and three (3) members are appointed in 2014 and every three
years thereafter. Terms of office commence on February 1 and expire on January 31 of the
third year. Effective January 1, 2014, terms of office due to expire on January 31 of each year
shall be extended to expire on April 30 of the same year, and thereafter terms of office shall
commence on the first day of May. If a successor is unavailable, a member may remain in office
until his or her successor is appointed.”
SECTION 19. Section 2.25.020 (Manner of Appointment) of Chapter 2.25 (Parks
and Recreation Commission) of the Palo Alto Municipal Code is deleted in its entirety.
“The following procedures shall be followed by the city council when filling
vacancies on the parks and recreation commission:
(a) Following the notification of any vacancy or pending vacancy on the commission, the
city clerk shall advertise the same in a newspaper of general circulation in Palo Alto,
including the council agenda digest, in accordance with Section 2.16.060;
(b) Written nominations and applications shall be submitted to the city clerk within such
time period to be forwarded to the city council for its consideration.
Notwithstanding the foregoing, if the nomination and application of any incumbent
commission member is not submitted to the city clerk within the period submitted
above, the period shall be extended for an additional five days during which the city
clerk shall accept the written nominations and applications of non-incumbents;
(c) The city council shall review all nominations and applications and conduct such
interviews as it deems necessary prior to selection; and
(d) The final selection and appointment shall be made by the city council at a regular
meeting of the city council after the period of time for the submittal of nominations
and applications has expired.”
SECTION 20. Section 2.25.030 (Term of Office) of Chapter 2.25 (Parks and
Recreation Commission) of the Palo Alto Municipal Code is hereby amended to read as follows:
“Except as hereinafter provided, the term Terms of office of each on the parks and
recreation commission member shall be three years. or until his or her successor is appointed.
Commencing January 1, 2000, or as soon thereafter as practicable, the initial terms of four
members shall be three years, and the initial terms of three other members shall be two years,
as determined by the city council. Thereafter, the commission Commission appointments shall
be staggered so that in each three-year cycle three members are appointed to serve during the
first year, four members are appointed to serve during the second year, and no members are
appointed to serve during the third year. Effective January 1, 2014, terms of office due to
expire on December 31 of each year shall be lengthened to expire on October 31 of the
following year, and thereafter terms of office shall commence on the first day of November. If
a successor is unavailable, a member may remain in office until his or her successor is
appointed.”
SECTION 21. Section 2.27.010 (Historic Resources Board) of Chapter 2.27
(Historic Resources Board) of the Palo Alto Municipal Code is hereby added to read as follows:
“The historic resources board shall be composed of seven members appointed by
the city council and serving without pay. Members shall have demonstrated interest in and
knowledge of history, architecture or historic preservation. One member shall be an
owner/occupant of a category 1 or 2 historic structure, or of a structure in a historic district;
three members shall be architects, landscape architects, building designers or other design
professionals and at least one member shall possess academic education or practical
experience in history or a related field. The Palo Alto Historic Association shall be given notice
of vacancies on the board and shall be encouraged to have its members submit applications.”
SECTION 22. Section 2.27.020 (Term of Office) of Chapter 2.27 (Historic
Resources Board) of the Palo Alto Municipal Code is hereby added to read as follows:
“Terms of office on the Historic Resources Board shall be three years. Terms shall
be staggered so that three positions are refilled one year, and four positions are refilled two
years later. Effective January 1, 2014, terms of office due to expire on May 31 of each year shall
be extended to expire on October 31 of the same year, and thereafter terms of office shall
commence on the first day of November. If a successor is unavailable, a member may remain in
office until his or her successor is appointed.”
SECTION 23. Section 2.27.030 (Organization) of Chapter 2.27 (Historic
Resources Board) of the Palo Alto Municipal Code is hereby added to read as follows:
“(a) The board shall hold meetings twice monthly or at the pleasure of the chairperson,
and shall establish such rules as may be appropriate and necessary for the orderly
conduct of its business. The board shall elect a chairperson and a vice chairperson
from its membership who shall serve in such capacity for terms of one year each, or
until a successor is elected. The chairperson shall preside over meetings of the
board, and in the absence or disability of the chairperson, the vice chairperson shall
perform the duties of the chairperson.
(b) Four members shall constitute a quorum and decisions of the board shall be
determined by majority vote of those members present at the meeting. Action
minutes shall be kept by the board.”
SECTION 24. Section 2.27.040 (Duties) of Chapter 2.27 (Historic Resources
Board) of the Palo Alto Municipal Code is hereby added to read as follows:
“It is the duty of the historic resources board to:
(a) Render advice and guidance to a property owner upon the owner's application for
alteration of any historic single-family or duplex building in the downtown area and
any such building designated as significant elsewhere in the city;
(b) Inform the architectural review board of the historical and/or architectural
significance of historic commercial and multiple-family structures in the downtown
area and any such buildings designated as significant elsewhere in the city that are
under review by the architectural review board. Submit recommendations to the
architectural review board regarding proposed exterior alterations of such historic
structures;
(c) Recommend to the council the designation of additional buildings and districts as
historic;
(d) Research available information and add historical information to the inventory
sheets of historic structures/sites. This inventory is maintained in the department of
planning and community environment; and
(e) Perform such other functions as may be delegated from time to time to the historic
resources board by the city council.”
SECTION 25. Section 16.49.030 (Historic Resources Board) of Chapter 16.49
(Historic Preservation) of the Palo Alto Municipal Code is deleted in its entirety.
“(a) Composition. The historic resources board shall be composed of seven members
appointed by the city council and serving without pay. Members shall have
demonstrated interest in and knowledge of history, architecture or historic
preservation. One member shall be an owner/occupant of a category 1 or 2 historic
structure, or of a structure in a historic district; three members shall be architects,
landscape architects, building designers or other design professionals and at least
one member shall possess academic education or practical experience in history or a
related field.
(a) Terms of Office. Members shall serve for terms of three years and until their
respective successors are appointed. Terms shall be staggered so that three
positions are refilled one year, and four positions are refilled two years later.
Commencing on October 21, 1991, there shall be one member whose term expires
May 31, 1992, and one member whose term expires May 31, 1994. Subsequent
appointments shall be made for terms of three years, or until their successors are
appointed. Terms of office commence June 1.
(b) Appointment. In filling vacancies on the historic resources board, the following
procedures shall be followed by the city council:
(1) Following notification of vacancy or pending vacancy on the historic
resources board, the city clerk shall advertise the same in a newspaper of
general circulation in the city, including the council agenda digest, in
accordance with Section 2.16.060;
(2) Written nominations and applications shall be submitted to the city clerk
within one week of the date of the last notice to be forwarded to the city
council for its consideration. Notwithstanding the foregoing, if the
nomination or application of an incumbent board member is not submitted
to the city clerk within the period specified above, the period shall be
extended for an additional five days during which the city clerk shall accept
written nominations and applications of non-incumbents;
(3) The Palo Alto Historic Association shall be given notice of vacancies on the
board and shall be encouraged to have its members submit applications;
(4) The city council shall review all nominations and applications, and conduct
such interviews as it deems necessary prior to selections; and
(5) Final selection and appointment shall be made by the city council at a regular
city council meeting after the period for submittal of nominations and
applications has expired;
(c) Organization. The board shall hold meetings twice monthly or at the pleasure of the
chairperson, and shall establish such rules as may be appropriate and necessary for
the orderly conduct of its business. The board shall elect a chairperson and a vice
chairperson from its membership who shall serve in such capacity for terms of one
year each. The chairperson shall preside over meetings of the board, and in the
absence or disability of the chairperson, the vice chairperson shall perform the
duties of the chairperson.
Four members shall constitute a quorum and decisions of the board shall be
determined by majority vote of those members present at the meeting. Action
minutes shall be kept by the board; and
(d) Duties. It is the duty of the historic resources board to:
(1) Render advice and guidance to a property owner upon the owner's
application for alteration of any historic single-family or duplex building in
the downtown area and any such building designated as significant
elsewhere in the city;
(2) Inform the architectural review board of the historical and/or architectural
significance of historic commercial and multiple-family structures in the
downtown area and any such buildings designated as significant elsewhere in
the city that are under review by the architectural review board. Submit
recommendations to the architectural review board regarding proposed
exterior alterations of such historic structures;
(3) Recommend to the council the designation of additional buildings and
districts as historic;
(4) Research available information and add historical information to the
inventory sheets of historic structures/sites. This inventory is maintained in
the department of planning and community environment; and
(5) Perform such other functions as may be delegated from time to time to the
historic resources board by the city council.”
SECTION 26. This ordinance shall be effective on the thirty-first day after the
date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
____________________________
Director of
____________________________
Director of Administrative
Services
Resolution No. ________
Resolution of Intention of the Council of the City of Palo Alto to
Realign Terms of Office for the Storm Drain Oversight Committee
R E C I T A L S
A. WHEREAS, on April 26, 2005, the property owners approved a storm drainage
fee increase for storm drain capital improvements and program enhancements; and
B. WHEREAS, on November 14, 2005, the City Council approved Resolution No.
8573, establishing a Storm Drain Oversight Committee to monitor and review the use of
increased storm drainage fees; and
C. WHEREAS, on April 9, 2013, the Policy and Services Committee approved a
recommendation to realign the terms of office of all City boards and commissions to end in
April or October of each year;
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Effective January 1, 2014, terms of office due to expire on December 31
of each year shall be lengthened to expire on October 31 of the following year, and thereafter
terms of office shall commence on the first day of November. If a successor is unavailable, a
member may remain in office until his or her successor is appointed.
SECTION 2. The Council finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Deputy City Attorney City Manager
_____________________________
Director of
_____________________________
Director of Administrative Services
Resolution No. ________
Resolution of Intention of the Council of the City of Palo Alto to
Realign Terms of Office for the Library Bond Citizen Oversight
Committee
R E C I T A L S
A. WHEREAS, on November 4, 2008, Palo Alto voters approved Measure N,
authorizing the City to incur bonded debt for the purpose of construction and completion of a
new Mitchell Park library and community center, renovation and expansion of Main Library,
and renovations to Downtown Library; and
B. WHEREAS, on March 16, 2009, the City Council approved Resolution No. 8906,
establishing a Library Bond Citizen Oversight Committee to monitor and review the use of bond
proceeds authorized by Measure N; and
C. WHEREAS, on April 9, 2013, the Policy and Services Committee approved a
recommendation to realign the terms of office of all City boards and commissions to end in
April or October of each year;
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Effective January 1, 2014, terms of office due to expire on December 31
of each year shall be lengthened to expire on October 31 of the following year, and thereafter
terms of office shall commence on the first day of November. If a successor is unavailable, a
member may remain in office until his or her successor is appointed.
SECTION 2. The Council finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Deputy City Attorney City Manager
_____________________________
Director of
_____________________________
Director of Administrative Services
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
December 11, 2012
The Honorable City Council
Palo Alto, California
Options for Revising the Boards and Commissions Application and
Recruitment Process
History
The Palo Alto Boards and Commissions are governed by the Municipal Code.
Requirements include the advertisement in a general circulation newspaper,
receipt of applications during the recruitment period, and forwarding of
applications to Council. The Municipal Code also indicates the expiration
term of each board.
The Boards and Commissions application and recruitment process has
functioned without significant update for many years. Some minor
improvements have been made recently to increase the number of
applications received. However there is great room for improvement in the
following key areas:
Applications are generic, offering only minimal customization per
commission
Outreach to potential applicants is limited by staff and budget and
lacks creativity
Application process, from recruitment through appointment, is time
consuming and inefficient
Generic Applications
Applications are primarily generic with minimal customization per
commission. Staff has modified the applications to include information
regarding specific criteria that already is specified in the Municipal Code; for
example the Historic Resources Board application now includes space to
indicate which requirements the applicant meets; either they are the owner
of a historic structure, an architect, or an academic. Otherwise, the
questions are the same as they have been for many years.
City Clerk Staff reached out to the Chairs, Vice Chairs, and Staff Liaisons for
each Commission requesting suggestions for improvements. Most
respondents made suggestions that would be appropriate for any
Page 2
Commission. One respondent provided suggestions specifically for the
Public Art Commission. All responses are listed below.
Suggestions appropriate for all applications
Examples of past experience relevant to a commission
Willingness to operate within the procedural rules of the
commission
Enthusiasm to come up to speed on the priorities and objectives of
the commission, or which current issue or issues facing the
commission were of particular interest to the applicant
What unique contribution could the applicant make to the
commission if selected
Past experience with public service or volunteering
Are there any recent decisions by the Commission that the
applicant would have decided differently
Are there any issues that the applicant would consider to be
particularly important for the commission to study
What factors would the applicant weigh most heavily in setting
priorities for the commission
Questions that pertain to whether the applicant is on time or has a
difficulty with the time commitment requirements
Public Art Commission Specific
What arts affiliations, memberships or arts publications does the
applicant have or subscribe to, if any
What is the role of public art in a city
What examples of successful public art can the applicant think of
(here or elsewhere) and why does he or she consider those
successful
The Municipal Code specifies the criteria, such as candidate occupation and
residency, requirements to serve on Boards and Commissions. These
requirements have not been updated or reviewed in a long time. Some
Council Members have suggested reviewing these criteria. One Commission
Member suggested the criteria to serve on the Planning and Transportation
Commission should include several members being architects. The relevant
sections of the Municipal Code are included as Attachment E. The City of
Saratoga requires that applicants attend at least one Commission meeting
prior to applying. The City of Hayward requires applicants to sign a
statement indicating they understand and agree to the time commitments
Page 3
required to serve.
Staff Recommends:
Updating the applications with current, relevant questions.
Council discussion of an update to the Municipal Code reflecting
updated criteria for serving.
Outreach
Any recruitment is only successful when it has the involvement of not only
the City Clerk’s Office, but the Council, Staff Liaisons, Board and Commission
Members, and neighborhood groups actively looking for applicants. Past
experience has been that the number of applicants increases when we have
active participation of all these groups. Current outreach to potential
applicants is limited, inconsistent, and not a priority for stakeholders.
Some possible solutions might include:
Expand outreach to potential applicants.
Revise the description of the Council Liaison and Staff Liaison roles
to include applicant outreach.
Direct City Clerk Staff to attend Boards and Commissions Meetings
with specifically timed recruitment information.
Research with other cities has revealed a variety of processes that could be
considered. For example, the City of Hayward holds an annual “open house”
event where they invite the public to attend and meet current Boards and
Commissions Members. In Berkeley it is the responsibility of the Boards and
Commissions Members to recruit when there is an opening on their board.
The City of Mountain View has direct mailings to residents. Quite a few
cities were reviewing the possibility of using social media to recruit, but none
launched a program yet at the time of the interviews.
Process
The current process for recruitment includes publishing a vacancy
announcement in Council Packet, publishing an advertisement in the Palo
Alto Weekly, sending an email to the database of potentially interested
applicants, communicating with community associations such as the
Page 4
neighborhood associations and Chamber of Commerce, contacting existing
commissioners, agendizing the interview selection with Council, scheduling a
special meeting to conduct interviews, agendizing the selection of candidates
with Council, contacting applicants. Applicants not selected to serve are
provided the option to be added to the database in case they wish to apply
again.
Staff has contacted numerous other cities around California to gather
information regarding the methods other cities use to recruit. Here is a
recap of some of that information:
The City of Fremont Mayor appoints Commissioners. No community
outreach. Several other cities interviewed use this or a similar
process.
The City of Hayward recruits and interviews only once a year, in
June/July, but accepts applications all year. Will hold special
recruitments if needed. Council appoints.
The City of Redwood City has a more complex process:
o Recruitments are advertised in local papers and city publications.
o Interview date is set when applications become available.
o City Clerk’s Office tracks and verifies applications,
Applicants must be residents and registered to vote.
o Interviews are held with full Council.
o Council appoints.
o Oaths are administered by City Clerk at Council Meeting.
o Annual recognition party for commissioners held every
December.
The City of Santa Clara runs their recruitments much the same way as
Palo Alto.
The City of Saratoga recruits three times a year, and then additionally
as needed. They advertise recruitments in local paper and city
publications.
The City of Menlo Park recently changed from staggered recruitments
to annual recruitments.
The City of Richmond uses a City Council Standing Committee to
review applications and make recommendations to the full Council.
Over the last few years the amount of applications received per vacancy has
increased on average. However, this increase is inconsistent. Some
recruitments earn little or no applications at all, while others earn many.
Several factors could be considered for this. For example, summer time
Page 5
recruiting efforts seem to earn fewer applications per vacancy. Staff has
been gathering data for several years. It is difficult to find a pattern for
exactly when the best time of the year would be to hold an annual
recruitment. Further research would be required should Council move to
annual recruitment.
Recruitment periods are staggered through the year at seemingly random
intervals. Applicant response is erratic. Frequent emails are not very
visible, they might become similar to junk mail in residents in-boxes.
Newspaper advertisements are hidden in the paper and not created to stand
out.
Some possible solutions are:
The Municipal Code could be revised to recruit for all Boards and
Commissions once a year. This would allow Staff to maximize
resources, allowing for a stronger push on recruitment
communication and additional partnership opportunities with the
community.
Remove the requirement to advertise recruitments in a general
circulation newspaper. This action will allow the City Clerk’s Staff to
use advertising budget and time in a more efficient and productive
manner. Staff could potentially run colorful display ads in a variety
of newspapers, work with reporters to run articles about
recruitment, explore hosting a volunteer fair, and develop
marketing media (flyers, business cards, tri-fold handouts, and
mailers). Of the last 273 applications that have been received, 21
applicants indicated they discovered the recruitment via the ad in
the paper.
ATTACHMENTS:
Attachment A Boards and Commissions Applications (PDF)
Attachment B Sample Questions (PDF)
Attachment C Comments from Boards and Commissions Chairs, Vice Chairs and Staff
Liaisons (PDF)
Attachment D Recruiting Survey (PDF)
Attachment E Municipal Code Boards and Commissions Sections (PDF)
Department Head: Donna Grider, City Clerk
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
April 9, 2013
The Honorable City Council
Palo Alto, California
Boards and Commissions Recruitment Program Revisions
RECOMMENDED MOTION: Council Member moved, seconded by Council
Member to request the City Council approve: 1) authorizing Staff proceed
with the process of changing the Municipal Code to hold Boards and
Commissions recruitments once in the spring and once in the fall of each
year, 2) filling vacancies left through resignations by Council Action to
determine whether to recruit immediately or wait until the next biannual
recruitment date, 3) Staff accepting applications for all Boards and
Commissions continuously, 4) encouraging the Staff Liaisons and
Commission Members participation in the Boards and Commissions
Recruitment Program, 5) a City hosted trial Volunteer Fair, 6) authorizing
Staff proceed with the process of changing the Municipal Code to eliminate
the requirement to advertise at least once in a newspaper of general
circulation, 7) altering the interview process to allow Council Members to
submit candidate questions to the City Clerk no less than 10 days prior to
the interview date and requesting candidates to prepare five minute verbal
presentations addressing the Council questions to be delivered at the
interview meeting, 8) an annual Boards and Commissions recognition event,
and 9) the development of a training and mentoring program to take place
as Phase II to the Boards and Commissions Recruitment Program to return
to the Policy and Services Committee in 2014.
Executive Summary
In December 2012 City Clerk Staff met with the Policy and Services
Committee to discuss options for revising the Boards and Commissions
Recruitment Program. Some key conversation points and directions given to
Staff at that meeting are addressed in this report.
Discussion
BIANNUAL RECRUITMENT PROGRAM
The Policy and Services Committee discussed with Staff recruiting biannually
rather than recruiting continually based on term expirations and
resignations.
Staff recommends that recruitments are held twice a year, once in the
Page 2
spring and once in the fall beginning in 2014. Recruitments would be broken
up as follows:
Spring Recruitment, all applicable member terms would end on April 30
Historic Resources Board (Currently terms end on May 31)
Human Relations Commission (Currently terms end on March 31)
Library Advisory Commission (Currently terms end on January 31)
Public Art Commission (Currently terms end on April 30)
Vacancies from resignations on any Commission
Fall Recruitment, all applicable member terms would end on October 31
Architectural Review Board (Currently terms end on September 30)
Parks and Recreation Commission (Currently terms end on December 31)
Planning and Transportation Commission (Currently terms end on July 31)
Storm Drain Oversight Committee (Currently terms end on December 31)
Utilities Advisory Commission (Currently terms end on June 30)
Vacancies from resignations on any Commission
Currently seated Commissioners terms would change to the nearest biannual
date. For example on the Historic Resources Board, there are three
Commissioners whose terms expire on September 30, 2014 and two
Commissioners whose terms expire on September 30, 2015. They would
change to expire on April 30 in 2014 and 2015 respectively. All recruitments
for terms expiring in 2013 would not change. Beginning in January 2014 all
terms would end on either April 30 or October 31.
If approved, the City Clerk will work with the City Attorney to update
applicable sections of the Municipal Code. The Commission term dates,
application submittal schedule, and advertising procedure are outlined in
multiple sections of the Municipal Code.
RESIGNATIONS IN A BIANNUAL RECRUITMENT PROGRAM
Staff has explored how to manage resignations with a biannual recruitment
schedule. Possible options follow.
1. Staff recommends that upon receipt of a resignation by a Commissioner,
City Staff would agendize an item at the next available Council Meeting.
Council could then determine if the Committee should continue with a
vacancy until the next available recruitment (either spring or fall
regardless of Commission), or request Staff to conduct a special
recruitment for the vacancy immediately.
Page 3
2. Another option to consider is the Alternate Option. When Council votes on
which Commissioners will serve, they would vote on an alternate from the
same applicant pool at the same time. Council would indicate on the
ballot which candidate(s) they vote to serve and which candidate they
vote as an alternate. A potential issue would be if an alternate was no
longer available to serve after a resignation. A potential benefit would be
the ability to immediately replace a resigned Commissioner.
3. Without holding a new recruitment, Council could vote on the previous
applicant pool to select an applicant to serve. Council would vote from the
entire pool of applicants who interviewed for the last recruitment.
4. The replacement could be recruited with the next biannual recruitment.
The vacancy from the resignation would remain in place for as much as six
months. A potential issue would be if there are multiple resignations at
the same time.
APPLICATION SCHEDULE IN A BIANNAUAL RECRUITMENT PROGRAM
Staff recommends the acceptance of applications continuously rather than
only during an active recruitment. The current process is to offer to add
potential applicants to a distribution list, but otherwise turn away potential
applications.
COLLABORATION
Staff Liaisons play a critical role with the Boards and Commissions function.
They work directly with all members on a frequent basis. The City Clerk
Staff has observed that recruitments garner more attention from the
community and receive a higher quantity and quality of applications when
the Staff Liaison takes an active role in the recruitment. Additionally
recruitments are more successful when the seated members, or at least the
Chair and Vice Chair, also actively engage with the recruitment process. The
City Clerk will start attending Boards and Commissions meetings to
announce recruitments in an effort to take a more active role in encouraging
participation. The City Clerk Staff believes it is important that all applicants
receive fair and equal exposure to Council. Because of this it is important to
note that Staff Members are not being asked to actively recruit individuals.
Rather they should strive to communicate with their contacts at-large.
Staff recommends Council encourage Staff Liaisons and Commission
Members commit to participation in the Boards and Commissions
Recruitment Program. Staff Liaisons and Commission Members can support
Page 4
the recruitments by sending emails to people they know in the professional
community, announcing openings at meetings, and talking to members of
the community who regularly attend meetings.
VOLUNTEER FAIR
The Policy and Services Committee discussed with Staff the idea of a City
hosted volunteer fair. Staff would like to take this opportunity to share this
as a more fully developed concept.
Staff recommends a trial City hosted volunteer fair to be held in spring
2014. If the trial event is successful Staff would like to roll the event out
annually. The vision is to create an event with a grassroots feel thriving on
community involvement. The participation of the public and the support of
non-profits would be critical. Success would be defined by this community
participation.
Non-profit organizations from around the City would be invited to participate
by setting up a table. The Boards and Commissions Recruitment Program
would also have a recruitment table. Other City volunteer recruitment
efforts (if any) could also be accommodated. The benefits of this type of
event would include good-will, demonstration of active-participation with our
non-profit partners, and a highly visible event to solicit applications for
Boards and Commissions in a fully interactive manner. Potential issues
include mainly budget constraints, drains on Staff time, and the potential for
a lack of community interest.
Staff has informally contacted several non-profits who have indicated
interest in participating. They have also indicated they would be willing to
donate a door prize.
The primary budget draw would be for advertising. This event would require
substantial advertising. If the plan to move to biannual recruitments is
approved, there would be substantial savings in the current City Clerk
budget.
ADVERTISING
The Municipal Code currently requires advertisement in a paper of general
circulation at least once during a recruitment. The general circulation
newspaper in Palo Alto is the Palo Alto Weekly. The average cost of the
small ads currently run for recruitments are $240.00. Less than 10 percent
of the applicants over the last few years have indicated they found out about
the recruitment from the ad in the Palo Alto Weekly.
Page 5
Staff recommends the elimination of this requirement. Staff would like the
Municipal Code to indicate that the City Clerk will advertise vacancies as
appropriate which may include ads in any newspaper, online ads, e-blasts,
flyers, or other appropriate media. This will allow Staff the flexibility to
explore new avenues. The goal with this revision is to be less prescriptive
with how the recruitments can be advertised while still ensuring a
transparent process.
TECHNOLOGY
When Staff met with the Policy and Services Committee in December 2012
the Committee discussed using technology to enhance recruitment efforts
and the application process. The City Clerk Staff is collaborating with the
Human Resources Department to use the NeoGov system to create and
manage applications for the Board and Commissions recruitments. This will
allow applicants to complete and submit applications online using an existing
system. There is no cost associated with this process.
The Committee Members also requested Staff allow interested applicants to
self-enroll for recruitment notifications. Staff will set up a new GovDelivery
message. This will work similarly to the messaging sent out for agendas. A
link will be included on the website. This is using an existing system and
there will be no cost associated with this process.
APPLICATION CONTENT CHANGES
As mentioned in the Technology section, the applications will move to an
entirely online format using NeoGov. Staff discussed eliminating the current
wet signature requirement with the Policy and Services Committee, this is
going to be accomplished by switching to NeoGov. It was also suggested
that Staff incorporate into the applications the serving requirements outlined
in the Municipal Code and a request for visual examples where appropriate.
Current Boards and Commissions Members sent suggestions for application
revisions, which were included in the attached report. Staff is reformatting
the applications to accommodate NeoGov and these concerns. A sample of
one application is attached to demonstrate how the content of the
applications will change.
INTERVIEWS
The current Boards and Commissions interview process involves 10 minute
question and answer sessions between Council and each Applicant, 15
minutes for Planning and Transportation Commission Candidates.
Page 6
City Clerk Staff researched dozens of cities in California to benchmark how
cities manage the interview process. In some cities the Mayor appoints with
no interviews at all. In some cities the Mayor appoints from nominations
taken from Council, again with no interviews at all. In some cities applicants
attend a Council Meeting where they are introduced and may or may not
answer questions by the Council. In some cities there are subcommittees to
interview and select applicants. None of these options seem a good fit for
Palo Alto.
In the City of Santa Barbara Staff sends applicants questions and requests
the applicant prepare a verbal presentation addressing these questions.
Each applicant is given three minutes. The Council Members do not ask
questions directly to the applicants.
Staff recommends, in order to streamline the interview process, Council
submit questions for applicants to the City Clerk’s Office via email in time to
give the applicants 10 days to prepare. Each applicant will then prepare a
five minute verbal presentation for Council.
RECOGNITION EVENT
An annual recognition event celebrating and honoring the community
members who volunteer a good deal of time serving on the Boards and
Commissions could help increase retention and the level of satisfaction
received from serving.
Staff recommends the City host an annual recognition event for all current
Boards and Commissions Members. The process would include a reception
prior to a regularly scheduled Council Meeting. The event should be timed
either with the end of the Calendar year or with one of the recruiting dates.
There will be a small cost associated with the event for food and
refreshments at the reception.
TRAINING AND MENTORING
At the meeting in December the Policy and Services Committee also
discussed with Staff the development of a training and/or mentoring
program. The City Clerk’s Staff agrees this would be a valuable process.
The development of this type of program can be extensive. Integration with
many internal departments would be required, for example the City
Attorney’s Office participation in a Brown Act component would be critical.
Staff has considered that partnering with some external programs such as
Leadership Palo Alto, would be beneficial to a training and mentoring
Page 7
program. A new Boards and Commissions Member Handbook should be part
of the program.
The City Clerk’s Staff understands training and mentoring is a critical and
currently under developed component of the Boards and Commissions
Recruitment Program. However, the most immediate need, in Staff’s
opinion, is to revise the recruitment schedule, application process,
applications, and advertisement of the program. Once those components
are in place focus can shift to a post appointment mentality.
Staff recommends a Training and Mentoring program be developed as a
“Phase II” of the Boards and Commissions Recruitment Program.
BOARDS AND COMMISSIONS VERBATIM MINUTES
The City Council requested the City Clerk provide data regarding the creation
of verbatim minutes for the Architectural Review Board, the Planning and
Transportation Commission, and the Utilities Advisory Commission. Staff
interviewed 14 City Clerk Offices in the region. The Cupertino City Clerk
types action minutes for all Boards and Commissions and the Milpitas City
Clerk type’s action minutes for a few Boards and Commissions
The City Clerk contacted the City Manager, Planning Director, and Utilities
Director regarding verbatim minutes. The Planning and Transportation
Commission creates verbatim minutes currently. The Architectural Review
Board Staff creates minutes for items moving to Council. The Utilities
Department currently does not create verbatim minutes of the Utilities
Advisory Commission meetings due to Staff capacity and cost, however, the
Utilities Department does issue sense minutes of all of the meetings.
ATTACHMENTS:
Sample of Revised Application (DOC)
12-11-12 Staff Report for P&S (PDF)
12-11-12 Boards and Commissions Minutes Excerpt (DOC)
Department Head: Donna Grider, City Clerk
Page 8
BOARDS AND COMMISSIONS RECRUITING PRACTICES SURVEY
What time of year do you recruit? Do you take applications Are the applications specifically What m~thods due you use to advertise Do you use social media?
year round? tailored for each recruitment? vacancies? tNhich IS the most/least successful? If so how? Additional Comments
,
c
Ali terms expire in December. Failure to Not at this time, but the City
CITY OF FREMONT meet attendance requirements and Yes General application, with Post on the front of the building and on the Clerk's is looking to launch Mayor nominates a candidate at a Council Meetihg
510-284-4060 voluntary withdrawls do create vacancies supplemental questions as needed website. facebook and twitter by the and the Candidate must be confirmed by the Council.
that are filied throughout the year end of the year.
Publish on website, in newspaper, mail to
CITY OF MOUNTAIN VIEW Ali terms expire in Decemeber. Vacancies Yes General application residences, place scroli at bottom of screen during Have accounts, but do not
650-903-6304 are filled throughout the year. commercials on local tv station, email to Chamber of use them
Commerce and Downtown Business Association.
CITY OF REDWOOD CITY Year round. Committees have staggered Publish on website, news releases, banners,
(650) 780-7220 terms, recruitment begins three months in Yes, and kept on file for General application newspaper adds, email blasts, Council Meeting No
advance one year. announcement, and announcements in other local
publications ..
CITY OF SANTA CLARA Ali terms expire in June. Vacancies are Announcement on Channel 15, news release to Although ali applications eventually end up at the
(408) 615-2220 filled throug!1out the year. No General application email list/mailing list, City published newspaper, No Clerk's office, but several different departments
Council Meeting announcement (including CMO) handle recruitments.
Yes, but interviews are No, but the City Clerk does They hold an annual open house as a way for the
CITY OF HAYWARD Most vacancies are filled at the same time generally held in June for General application, with Newspapers, post flyers at libraries and City Hall maintain a blog (current City public to learn about different Boards and
(510)583-4000 of year. ali vacancies. supplemental questions as needed events and recruitment Commsions. All current members are invited to
information ). attend to answer questions.
They have a 45 min training video as mandatory
Don't usually advertise. It is the responsibility of the training for ali Commission Chairs and Vice-Chairs
CITY OF BERKELEY Year round/staggered recruitments. 8 year General Application, and several Chair/Commission Members to recruit applicants. recornmended for all). Reviews Commission
Yes specialized applications for City Clerk publishes informational materials on No policies/procedures and conflicts on interest. Also (510) 981-6900 term limits. different advisory bodies website, receive, and circulates applications to Staff posted online for the public to view. Video was
and Council. prouduced by a local cable channel (for a cost), but
was written by and features staff members.
Council recently changed the policy so that Email distribution list, newspapers, send Going to begin mailing vacancy announcements to a
CITY OF MENLO PARK random selection of all registered voters (3 or 4
650-330-6620 all recruiting will soon be done during the Yes General Application, with announcement to Chamber of Commerce and No people from each neighborhood -total 50-60). They first 3 months of the year, for supplemental questions as needed service organizations, Council Meeting put the voter roll into an excel database and selected apppointments in April. announcment. at random.
Yes. Applications are
CITY OF LOS ALTOS HILLS presented to Council as
(650) 941-7222 Year round they are submitted (for General application Webs.ite, legal notice in the newspaper, No those advisory bodies announcement in the town newsletter
which have a current
vacancy).
Year round. Vacancies are filied
CITY OF SUNNYVALE throughout the year. They have one major Yes, and kept on file for (408) 730-7483 advertising period in the Spring for General application
Summer appointments (all terms end in one year.
June).