HomeMy WebLinkAboutID-2558 City of Palo Alto (ID # 2558)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 5/7/2012
May 07, 2012 Page 1 of 5
(ID # 2558)
Summary Title: Revision to Community Center Rules
Title: Approval of Revisions to Regulations of the City of Palo Alto Regarding
Prohibited Conduct at or in Community Centers, Theaters, Interpretive Buildings
and the Art Center
From: City Manager
Lead Department: Community Services
Executive Summary
Since 1998, the Community Services Department has used Council-adopted rules
of conduct for the City’s community centers, theatres, museums and nature
centers in order to establish standards of appropriate behavior and use of
facilities by the public. These established rules have also helped to ensure that
visitors are kept safe and are treated consistently and fairly when attending
classes, performances or public functions.
Three recent public concerns at the Lucie Stern Community Center, Cubberley
Community Center and the Mitchell Park Community Center (under construction)
have called attention to either language in sections of the existing rules that is
vague or difficult for staff and the public to interpret; standards for the storage of
personal belongings on City property that are absent from the rules; or standards
for smoking near civic buildings that need to be modified to meet LEED building
standards.
These Community Center rules were last updated in 2006. Staff strives to review
and update these rules as necessary to keep them relevant to facility uses and
community needs.
Recommendation
Staff and the Parks and Recreation Commission recommend that Council adopt
the attached revisions to the Rules and Regulations regarding prohibited conduct
at or in community centers, theaters, interpretive buildings and art center
May 07, 2012 Page 2 of 5
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(Attachment A).
Background
An interdepartmental Building Regulations Committee composed of
representatives of the Community Services Department and City Manager’s Office
was created by the City Manager in August 1997. The charge of this committee
was to develop rules of decorum and regulations for the safe and effective use of
City facilities by the public. These regulations were deemed necessary as facilities
were at times being used by some members of the public in ways that interfered
with the mission and function of City programs and services, resulting in
complaints from the public at large. A set of well-defined and enforceable
regulations has greatly helped City staff respond to patron complaints and work
with facility visitors to encourage appropriate conduct in all City facilities.
On July 27, 1998, the City Council amended Palo Alto Municipal Code Section
2.08.050 to enable the City Manager to prescribe and enforce regulations for the
entry into, or use by members of the public, of any City real property, building,
park, or other facility.
On September 4, 1998, regulations were adopted governing the appropriate use
of community center facilities, which includes the Art Center, Community
Theatre, interpretive centers (Baylands, Arastradero Preserve, and Foothills Park),
Junior Museum & Zoo, community centers (Cubberley, Mitchell, and Stern) and
the Children’s Theatre. Staff committed to the City Council that we would keep
these rules and regulations current and relevant to customer use patterns as well
as responsive to emerging recreational and visitor needs. The rules were
subsequently revised May 1, 2006 to add new sections.
In the past year staff has encountered problems with a few disruptive visitors that
have prompted us to again update the Community Center rules. One visitor has
repeatedly caused disturbances by loudly protesting in front of the Community
Theatre during productions of the Palo Alto Players and has unduly interfered
with patrons entering the theatre. A second problem has arisen with the
continue stashing of shopping carts full of personal items in the Stern and
Cubberley hallways by transient persons. Both of these incidents have called our
attention to either inadequate definitions in the current rules, or inadequate
provisions in the rules to address misuse of public places.
May 07, 2012 Page 3 of 5
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These rules have been carefully reviewed by Community Services management
staff, representatives of TheatreWorks, West Bay Opera and Palo Alto Players, the
City Attorney’s Office, and by advocates for the homeless, to ensure that the rules
are fair, enforceable and reasonable.
On April 24, 2012, staff presented the proposed rules to the Parks and Recreation
Commission, with edits from the Rules & Regulations Subcommittee of the
Commission. The Commission reviewed the suggested changes and voted 6 to 0
(Commissioner Ashlund absent) to recommend the adoption of the rules by the
City Council. The Commission’s changes are high-lighted in red underscored text
in the attached copy. The original suggestions for amended language are high-
lighted in yellow.
Discussion
Staff has made changes to the Community Center Rules and Regulations in order
to keep them relevant and reflective of City policies, including changes to reflect
the current organizational structure of Community Services Department.
Attachment A contains the rules and regulations with the changes and additions
highlighted in red (Commission amendments) and yellow (original staff
recommendations).
The most significant changes to the rules include more clear definitions of
“threatening, loud and raucous, intimidating language or conduct” around
community center visitors or patrons; limitations on the storage of personal
property in and around community centers; and the increase of the distance that
smokers must stand beyond community center entrances.
Section 1: The Parks and Recreation Commission Subcommittee recommended
adding the phrase “including courtyards, doorways and walkways” to be
consistent with new staff-recommended language in Section 14 that helps make it
clear that the rules affect both the interior of the buildings as well as public access
and entry ways.
Section 6: The Subcommittee recommends adding “kitchens” to restrooms as
restricted areas for members of the public to bathe or to wash or dry personal
laundry. This recommendation is intended to ensure the sanitation of food
preparation and storage areas.
May 07, 2012 Page 4 of 5
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Section 7: As in Section 1, the Subcommittee recommends adding the phrase
“including courtyards, doorways and walkways” to be consistent with new staff-
recommended language in Section 14 that helps make it clear that the rules affect
both the interior of the buildings as well as public access and entry ways. Staff has
added the phrase “significantly interfere with the use of the facilities by patrons”
or visitors in order to distinguish the behavior from what would be typical
behavior for the particular activity. For example, the noise during a public lecture
would be less loud that during a typical martial arts training class. The City
Attorney’s Office has recommended that in order to take action, staff must verify
that the disturbing behavior is “significantly” different than the behavior of other
program participants or visitors.
Section 8: The Subcommittee recommends adding the phrase “including
courtyards, doorways and walkways” to be consistent with new staff-
recommended language in Section 14 that helps make it clear that the rules affect
both the interior of the buildings as well as public access and entry ways.
Section 14: Staff recommends adding the phrase “courtyards, doorways and
walkways” to help make it clear that the rules affect both the interior of the
buildings as well as public access and entry ways.
Section 17: Staff recommends that the distance from doorways that visitors are
prohibited to smoke be increased from twenty feet to twenty-five feet in order
that new LEED-certified buildings (such as the new Mitchell Park Community
Center) are in compliance with LEED standards of at least twenty-five feet.
Section 18: This is a new section that restricts the placement or parking of
personal belongings around community centers to no period longer than thirty
minutes. Exceptions are made for the storage of materials in classrooms and
student-assigned lockers. This rule is intended to discourage the storage of large
amounts of personal belongings at community centers by patrons or visitors. This
rule will help staff and facility users to control the frequency with which people
store shopping carts in hallways, corridors and courtyards. The Subcommittee
recommends adding the phrase “including courtyards, doorways and walkways”
to be consistent with new staff-recommended language in Section 14 that helps
make it clear that the rules affect both the interior of the buildings as well as
public access and entry ways.
Timeline, Resource Impact
May 07, 2012 Page 5 of 5
(ID # 2558)
There is no resource impact associated with the adoption of the revised
Community Center Rules and Regulations.
Once approved by the City Council, the amended rules will posted on the City’s
web site for easy public reference; copies will be distributed to staff for training
and implementation; and the rules will go into effect within thirty days.
Policy Implications
These revisions to the existing administrative Community Center Regulations are
consistent with City policy to define and enforce certain standards of behavior in
City facilities in order to ensure appropriate use and enjoyment of these facilities
for the public at large.
Environmental Review
These changes in the Community Center Regulations are not a project as defined
by the California Environmental Quality Act (CEQA) and are not subject to CEQA
requirements.
Attachments:
Attachment A -Updated Community Center Rules and Regulations - with high-lights (DOC)
Prepared By: Greg Betts, Director, Community Services
Department Head: Greg Betts, Director, Community Services
City Manager Approval: ____________________________________
James Keene, City Manager
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REGULATION OF THE CITY OF PALO ALTO REGARDING PROHIBITED CONDUCT AT OR
IN COMMUNITY CENTERS, THEATERS, INTERPRETIVE BUILDINGS AND ART CENTER
As authorized by Palo Alto Municipal Code section 2.08.050, the following regulation is adopted, to be effective fifteen
days following submission to Council made the date stated below.
In order to preserve and provide public access to City of Palo Alto recreation, art, science, theater and cultural services
provided at City community centers, theaters, interpretive buildings, and Art Center, the following conduct which
interferes with those services is prohibited and may be grounds for removal from and denial of access to City community
and art centers, theaters and interpretive centers. Violation of these regulations will not be considered a violation of
municipal law subject to criminal penalties, although the conduct may independently be punishable as a crime under
federal or state law.
Community centers, theaters, interpretive centers, and Art Center (individually, a “covered facility” and collectively,
"covered facilities") are defined to include all buildings and premises of the Lucie Stern Community Center, Children's
Theatre, Community Theatre, Junior Museum & Zoo, Mitchell Park Community Center and Field House, Art Center,
Peers Park Field House, Lucy Evans Baylands Nature Interpretive Center, Pearson Arastradero Preserve Gateway Center
and Foothills Park Interpretive Center. "Covered facilities" also include those public buildings of the Cubberley
Community Center except those rooms which are governed by the terms of individual lease agreements for exclusive use.
A “special event” function is defined as any class, lecture, program, theatre production, or a special-use event specifically
permitted by the Director of Community Services (“Director”) that is produced, sponsored, co-sponsored, or permitted by
the City of Palo Alto. Persons attending special event functions are included as persons “specifically authorized by City
Staff.”
1. No person other than authorized City staff or other persons specifically authorized by City staff shall enter or remain
in the covered facilities, including courtyards, doorways and walkways, after posted closing hours.
2. No person shall enter areas of the covered facilities posted or noticed for use by “City staff only” other than authorized
City staff or other persons specifically authorized by City staff.
3. No person shall obstruct any covered facilities entrances or exits, aisles or program areas in any manner which
impedes public access, the free passage of any other person, or presents a physical safety hazard. This restriction
shall not apply to City staff or contractors utilizing building entrances, exits, or aisles for maintenance or repair or for
loading or unloading of materials.
4. No person shall bring a bicycle, tricycle or similar wheeled conveyance into the public areas of the covered facilities
or leave such devices at the entrances or exits of the buildings in a manner which impedes or restricts public access,
the free passage of any other person, or presents a physcial safety hazard, or in any way physically damages a facility
or premises. This restriction shall not apply to persons utilizing wheelchairs or similar medically-required devices
within the covered facilities. Covered facilities’ patrons may use children's strollers or similar conveyances when
necessary to transport young children into and within the buildings provided they are used in a manner or location
that does not impede or restrict public access, the free passage of any person, present a physical safety hazard, or in
any way physically damage a facility or premises. City staff may, however, store such conveyances in accordance
with department procedures.
5. No person shall bring any animal into the covered facilities other than service animals assisting individuals with
disabilities or animals under the control of a police officer, animal handler authorized by City staff or performer
authorized by City staff to attend a special event conducted in the covered facilities.
6. No person shall use covered facilities restrooms or kitchens (excluding shower rooms or locker rooms expressly
provided for this purpose) for bathing (except for washing of hands and face), or washing or drying of clothes or
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utensils unless to assist City staff or authorized by City staff. No person shall use covered facilities restrooms or
public areas for meal or food preparation unless to assist City staff or authorized by City staff.
7. No person shall engage in running, skateboarding, roller skating or otherwise use coasting devices in covered
facilitesfacilities, including in courtyards, doorways or walkways.. No person shall engage in loud and raucous
conduct on covered facilities premises sufficiently close to covered facilities"buildings so as to significantly interfere
with the use of the facilities by patrons, visitors or City staff. Noise from participants in special events may be
exempted.
8. No person shall engage in threatening, loud and raucous, intimidating language or conduct directed at patrons,
visitors or City staff on covered facilities premises, including in courtyards, doorways or walkways, in any manner
which significantly interferes with the use of facilities by other patrons, visitors or City staff.
9. No person shall enter into or remain within covered facilities emitting offensive odors (including bodily odors,
perfumes, etc.) which unreasonably interfere with the use of covered facilities' services by other patrons, visitors or
City staff.
10. No person shall move, alter or rearrange covered facilities furniture or equipment, including altering the
configuration or settings of computer equipment or programs, for their personal use (other than for medically
required purposes) without the authorization of covered facilities staff.
11. No person shall eat food or drink liquids (except water in enclosed containers or medically required food or
beverage) in areas of the covered facilities that have posted “no food allowed,” other than at special events. Food or
beverage of any type, with the exception of water in a covered contatiner, is strictly prohibited in theatre auditoriums
and Art Center exhibition galleries. Use of food and beverage in meeting rooms and other rented areas within covered
facilities will be regulated by the specific terms of the facility use agreement.
12. No person shall solicit or exchange funds or donations from patrons, visitors, or staff within the "covered facilities"
other than through posting of solicitation information on areas specifically provided and posted for that purpose by
City staff. Support organizations working on behalf of covered facilities or City staff who have been specifically
designated and authorized by the Director may conduct charitable solicitations in locations and at times and in a
manner authorized by City staff. Covered facility renters may conduct fund raising events, solicit funds or
disseminate information in locations and at times and in a manner regulated by the specific terms of each facility and
the facility use agreement. This regulation shall not apply to Cubberley Community Center tenants.
13. No person shall sell, offer to sell, exchange money for products or services, or display for the purpose of sale any
commercial product, service, or device within the covered facilities or upon those premises other than through
posting of information on areas specifically provided and posted for that purpose by City staff, or at events authorized
by a facility use agreement or City staff. Support organizations working on behalf of covered facilities which have
been specifically designated and authorized by the Director of Community Services may conduct commercial
transactions supporting City purposes in locations and at times and in a manner authorized by City staff. Covered
facility renters may conduct commercial transactions or offer products for sale in locations and at times and in a
manner regulated by the specific terms of each facility and the facility use agreement. This regulation shall not apply
to Cubberley Community Center tenants.
14. No person shall camp on covered facilities premises including in courtyards, doorways or walkways, unless that
person is a part of a registered class or summer camp or specifically designated and authorized by the Director of
Community Services as part of a special event. Camping means the use of any portion of covered facilities’ premises
for living accommodation purposes.
15. Anyone who repeatedly occupies covered facilities and premises while sleeping in excess of thirty minutes after
being requested not to do so will be considered to intend to use the covered facility for sleeping purposes. No person
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other than a child under the age of four years shall use covered facilities primarily for sleeping purposes as this may
unreasonably interfere with the use of covered facility services by other patrons or City staff.
16. No person shall use sound, light generating, or amplifying devices within covered facilities and premises in any
manner which interferes with the conduct of City business or with any in-progress meeting or special event except in
those instances where sound, light generating, or amplifying devices are used by City staff or authorized by City staff
in order to conduct City business.
17. No person shall smoke within twenty five feet (25 feet) of any entrance or door of any City community center,
theatre, art center, museum, interpretive center or other covered facility.
18. Anyone who repeatedly places personal belongings in or around covered facilities, including in courtyards, doorways
or walkways, in excess of thirty minutes after being requested not to do so will be considered to intend to use the
covered facility for storage purposes. No person shall use covered facilities primarily for storage purposes, unless that
person has been assigned a locker, closet or storage unit by City staff as part of participating in a registered class or
program.
19. No person shall use electrical, phone, data communication or cable receptacles in covered facilities for private use,
unless that person is using the receptacle to power a phone, laptop, tablet or device of similar nature or that person
has prior staff permission and is complying with the terms of a special use permit granted by the Community Services
Department.
adopted 9/4/1998
revised 5/1/2006
revised x/x/2012
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COMMUNITY CENTER RULE ENFORCEMENT AND APPEALS
Applicable to Regulations of the City of Palo Alto
Regarding Prohibited Conduct in Community, Theatres,
Interpretive Buildings, and Art Center (Covered Facilities)
In order to be fair and equitable in the application of City community building regulations and to provide a written record
of the enforcement of these regulations, the following procedures will be applied by Community Services staff. Staff will
at all times endeavor to correct inappropriate customer behavior in a polite, respectful, and problem-solving manner.
Cause to Expel Persons from Community Centers, Theatres, Interpretive Buildings, and Art Center (Covered
Facilities) and Not Allow Their Return the Same Day
Prior to beginning the following procedure, the visitor/customer should be invited to speak privately with the staff
member or supervisor. Staff should explain the importance of building regulations and how violation of the regulations
affects other visitors or programs. The visitor should understand that continued or repeated violation of the rules may
result in suspension of visitor privileges, including being asked to leave the building or premises.
1. Inform the person that despite past warnings, violation of one or more regulations has occurred again, and the person
must leave the building or premises. The expulsion does not limit the person from entering other Community
Services facilities.
2. Reiterate to the visitor/customer that their cooperation is important. If the person feels the expulsion is unfair or
unreasonable, suggest the intervention of a supervisor to hear his or her objection to the staff action. The supervisor
will consider the visitors appeal and then decide appropriate action. The supervisor's decision will be final.
3. If a supervisor is not available at the facility where the violation of the regulations has occurred, a Community
Services management employee from another facility may hear the person's objection to the staff action, and then
decide appropriate action. Although face to face discussions are preferred, if necessary, a supervisor from another
facility may consider the appeal by phone.
4. The final action of each incident, together with the visitor/customer's objections, must be reported on an 'Incident
Report Form' and be reviewed by either the Division Manager of Arts and Science, Recreation, or Open Space. Parks
and Golf.
Repeated violations by the same individual
1. If a person repeatedly violates any one or more regulations, and has been warned and requested to leave the building
or premises within the past ninety days, it may be necessary to suspend that person from that particular facility for
longer than one day. If this is the case, the person will be informed of the length of the suspension, which would
depend on the number of times staff has had to ask the person to leave the facility in the past 90 days. The expulsion
does not limit the person from entering other Community Services facilities.
2. The second expulsion from a facility within ninety days will be for three days. The third expulsion from the same
facility will result in a seven day suspension. The fourth expulsion from the same facility will result in a fourteen day
suspension, as well as other possible remedies to the conflict.
3. As with any situation involving expulsion from a covered facility, if the person feels the expulsion is unfair or
unreasonable, suggest the intervention of a supervisor to hear his or her objection to the staff action. The person
should request this hearing at the time the suspension decision is made. The supervisor will consider the visitors
appeal and then decide appropriate action. The supervisor's decision is final.
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4. If for some reason additional information about an incident needs to be gather before a decision to suspend is made,
in all cases staff will make a final decision within two days of the decision to suspend.
5. If a supervisor is not available in the facility where the violation of the regulations has occurred, the matter will be
appealed to either Division Manager of Arts and Science, Recreation and Golf, or Open Space and Parks. The
Director's decision will be final.
6. Each final action taken must be reported on an 'Incident Report Form' and reviewed by either the Division Manager
of Arts and Science, Recreation and Golf, or Open Space and Parks.
7. A copy of written records shall be maintained in the Community Services Administration offices at the Lucie Stem
Community Center.
7/27/1998
Revised May 1, 2006