HomeMy WebLinkAboutStaff Report 4147
CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY
September 30, 2013
The Honorable City Council
Palo Alto, California
Recommendation that Council Adopt the Attached Corrected Version
of the Community Facilities Closure Ordinance (Ordinance No. 5209),
adding Section 9.06.020 to the Palo Alto Municipal Code – Overnight
Use of Community Facilities Prohibited
Staff Recommendation
To correct a clerical error in the version of the Community Facilities Closure Ordinance
approved by Council on August 19th and September 9th, staff recommends that the Council
adopt the attached corrected version of the Community Facilities Closure Ordinance (Ordinance
No. 5209), adding Section 9.06.020 to the Palo Alto Municipal Code – Overnight Use of
Community Facilities Prohibited.
Executive Summary
On August 13, 2013, the Policy & Services Committee of the City Council considered the
Community Facilities Closure Ordinance, adding Section 9.06.020 to the Palo Alto Municipal
Code – Overnight Use of Community Facilities Prohibited. The ordinance considered by the
Committee provided for closure from 10:30pm to sunrise, consistent with the hours that parks
are closed. The version of the ordinance recommended by the Committee is attached as
Exhibit A. The Committee’s motion also specified closing the facility from 10:30pm to sunrise.
When the Council heard the matter on August 19th, 2013, an earlier draft version of the
ordinance was inadvertently attached. The earlier draft stated that the closure was to be
effective from midnight to sunrise and also omitted Civic Center Plaza from the list of facilities
subject to nighttime closure. The August 19th staff report and ordinance are attached as Exhibit
B. The Council approved the ordinance on motion by a vote of 7-1(Holman no, Berman
absent). A copy of the minutes for the August 19, 2013 first reading is attached as Exhibit C.
Upon second reading by the Council on September 9, 2013, the Council again approved the
earlier draft of the ordinance on motion by a vote of 6-1(Holman no, Berman, Kniss absent).
Staff recommends the Council adopt the corrected version of the ordinance attached as Exhibit
D. This corrected version is consistent with the Council’s intention to close community facilities
from 10:30pm to sunrise and is consistent with closure hours that apply to parks. The
corrected ordinance will be effective 31 days from the 2nd reading and at that time will replace
and supercede the prior ordinance stating that the closure is effective from midnight to sunrise.
The City will enforce the closure of Community Facilities beginning on Oct 10th as previously
announced.
Page 2
Resource Impact
The revision to the ordinance previously passed will incur no additional resource impact.
Policy Impact
None.
ATTACHMENTS:
Exhibit A - Ordinance Recommended by the Policy & Services Committee on August 13,
2013 (PDF)
Exhibit B - August 19th Staff Report and Ordinance (PDF)
Exhibit C - Minutes from the August 19, 2013 First Reading (PDF)
Exhibit D - Revised Community Facilities Closure Ordinance (PDF)
Department Head: Molly Stump, City Attorney
Page 3
Attachment A
*NOT YET APPROVED*
ORDINANCE NO.
Ordinance of the Council of the City of Palo Alto Amending
Chapter 9.06 (Public Peace, Morals, and Safety) to add Section 9.06.020 -Overnight Use of
Community Facilities Prohibited
follows:
The Council ofthe City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
(a) The City Council hereby updates Title 9 of the Palo Alto Municipal Code to
provide for overnight closure of public libraries, community centers, theaters,
interpretive buildings, and Art Center is essential to maintain and promote the
public health, safety and welfare, to provide for the continued effective
management of public property, and to provide for the continued enjoyment
and accessibility of public property by all Palo Alto residents and the public at
large; and
(b) The overnight use of public libraries, community centers, theaters, interpretive
buildings, and Art Center causes the City to incur increased costs for policing,
maintenance, sanitation, garbage removal, animal control, and other problems
which may arise; and
(c) The overnight use of public libraries, community centers, theaters, interpretive
buildings, and Art Center hinders public access to the services provided at those
facilities; and
(d) Public libraries, community centers, theaters, interpretive buildings, and Art
Center are not intended for overnight use, during hours when the grounds are
unstaffed and unmonitored, which creates a risk to the health, safety, and
welfare ofthose persons on the grounds, as well as the public at large.
SECTION 2. Section 9.61.020 (Community Facilities Closed 10:30pm to
Sunrise) of Chapter 9.61 (Regulation of Community Facilities) of Title 9 (Public Peace, Morals,
Safety) ofthe Palo Alto Municipal Code is hereby added to read as follows:
"9.61.020 Use of Community Facilities Prohibited from 10:30pm to Sunrise
No person shall use, remain in or enter any Community Facilities between 1O:30pm
and sunrise, other than a duly authorized city employee or persons participating in
city-sponsored activities or other activities for which the city has provided written
permission to utilize the grounds beyond the closing time, provided however that
3
the additional closure of specific facilities during portions of the day or the year
may be specified by the City Manager or his or her designee.
For the purposes of this chapter, "Community Facilities" means all buildings and
premises of City of Palo Alto Libraries, the Cubberley Community Center, 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, but not any land
dedicated for park use."
SECTION 3.
date of its adoption.
This ordinance shall be effective on the thirty-first day after the
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATIEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
4
Mayor
APPROVED:
City Manager
Director of Administrative
Services
City of Palo Alto (ID # 4037)
City Council Staff Report
Report Type: Action Items Meeting Date: 8/19/2013
City of Palo Alto Page 1
Summary Title: Update on Development of Approaches to Homeless
Programs and Ordinance on Community Facilities Hours
Title: Update on Development of Approaches to Positively Impact
Homelessness and Adoption of an Ordinance amending the Palo Alto
Municipal Code to add section 9.61.020 to establish Community Facilities
Hours including Cubberley, Lucie Stern and Mitchell Park Community Centers.
From: City Manager
Lead Department: Community Services
Recommendation
Adopt on First Reading an Ordinance amending the Palo Alto Municipal Code to add section
9.61.020 to establish Community Facilities Hours, including Cubberley, Stern and Mitchell
Community Centers (Attachment B).
Background
On August 13, 2013, the Policy and Services Committee discussed approaches to address
homelessness issues City-wide (with special consideration of resolving problems at the
Cubberley Community Center), including an Ordinance establishing Community Facilities hours.
See the staff report at Attachment A for details.
As the staff report from the Policy and Services Committee states (Attachment A), the
Cubberley Community Center is being used as an unsanctioned place of residence for many un-
housed individuals. Currently an average of 20 individuals are residing unsheltered on the
campus and an additional 10-18 are residing in vehicles in the Cubberley parking lot, creating
what Committee members have referred to as a “de facto homeless shelter.”
The Cubberley Community Center is a multi-purpose public facility, with many preschools and
afterschool programs on campus; it has neither the appropriate facilities nor staffing to
function as a homeless shelter and support facility. Council has not authorized funds for the
City of Palo Alto Page 2
operation of homeless programs at Cubberley, nor are appropriate structures in place for
effective provision of services, such as coordination with other community programs serving
the homeless.
Staff is concerned for the safety and security of Cubberley patrons, tenants, staff, and the
individuals residing on campus and therefore asked the Policy and Services committee to
consider specific actions to address the concern.
Discussion
At the August 13 meeting, the Policy and Services committee heard from many members of the
public and had a lengthy discussion on the issues at Cubberley Community Center.
The Committee heard testimony from neighborhood residents, individuals residing at
Cubberley, service providers, homeless advocates and other interested individuals. The issue of
homelessness is a complicated and regional issue that Palo Alto cannot solve or effectively
manage on its own. However, the Committee agreed that immediate action was needed in
several areas. Council Member Klein made a motion to recommend to Council an investment in
the creation of a multi-agency homeless outreach program to address the issues at Cubberley
Community Center, and adoption of an ordinance that sets hours of operation for Community
Facilities, including Cubberley and other community centers. The motion was approved as
follows:
MOTION: Council Member Klein moved, seconded by Council Member Price to
recommend to the full Council:
1) that Staff develop a program at a one- time cost not to exceed $150,000 to deal with
homeless issues brought forward tonight,
2) direct Staff to have the details of the program ready for full Council consideration as
soon as it is complete, or as soon thereafter for consideration and approval by
Council,
3) recommendation Number 2, page 7 (attachment A, August 13 Policy and Service
staff report) “Funding match with Santa Clara County for housing subsidies” for an
amount not to exceed $100,000 over a two-year period, and
City of Palo Alto Page 3
4) recommend to Council an Ordinance (Attachment B) that establishes hours of public
access to the Cubberley Community Center and other City of Palo Alto Community
Facilities as sunrise to 10:30 PM daily.
5) request that staff bring forward to Policy and Services Committee a discussion of the
utilization of the Community Health and Safety component of the Development
Agreement with Stanford University Medical Center, including a discussion of health
services to individuals most at risk including homeless.
Vote: 3:1 Council member Holman voting no
The Committee stated that prompt action must be taken to address the safety concerns arising
from the current situation at Cubberley Community Center. For this reason, the Committee
directed staff to bring each of the recommended items 1-5 to Council as soon as possible,
rather than returning to Council only after the staff preparation for all of the components is
complete. At this time staff brings forward item number four from the above Policy and
Services Committee motion to establish an Ordinance amending the Palo Alto Municipal Code
to add section 9.61.020 to establish Community Facilities Hours (first reading). If adopted by
Council, the Ordinance will require a second reading more than 10 days hence, and will be
effective 31 days thereafter. At that time, which is anticipated to be sometime in October, the
Community Facilities Hours would be implemented.
At the same time, staff is working to develop specific recommendations to implement items 1 –
3 listed in the motion above. The newly established self-selected Homeless Community
Working group, made up of local service providers including but not limited to InnVision Shelter
Network, Downtown Streets Team, Momentum for Mental Health and Santa Clara County will
be working closely with staff beginning now and over the next 30 days to define a reporting
structure, measurable outcomes, milestones and timeline for a multi-agency homeless
outreach program to make a positive impact on homelessness in Palo Alto. Staff anticipates
returning to Council with recommendations to implement items 1-3 prior to the time that the
Community Facilities Hours ordinance takes effect.
Attachments:
: P&S 8-13-13 Staff Report (PDF)
: 0160023 Ordinance Closing Community Centers v8 FG (DOCX)
: 08-13-13 P&S Action Minutes (DOC)
City of Palo Alto (ID # 3977)
Policy and Services Committee Staff Report
Report Type: Meeting Date: 8/13/2013
City of Palo Alto Page 1
Summary Title: Approaches to Homeless Programs and Ordinance on
Community Center Hours
Title: Consideration of Approaches to Positively Impact Homelessness and
Ordinance Regarding Establishment of Community Center Hours, including
Cubberley, Stern and Mitchell Community Centers
From: City Manager
Lead Department: Community Services
Recommendation
Staff recommends that:
1. The Committee review alternative approaches for a possible multi-agency and service
provider partnership that could have a positive impact on homelessness in Palo Alto.
2. The Policy and Services Committee recommend to Council an ordinance (Attachment A)
that establishes hours of public access to the Cubberley Community Center and other
City of Palo Alto Community Facilities as sunrise to 10:30 pm daily. Exceptions are
allowed for duly authorized city employees or persons participating in city-sponsored
activities, or other activities for which the City has provided written permission to
utilize the grounds beyond the closing time. The ordinance also allows for the closure
of specific facilities during portions of the day or the year as specified by the City
Manager or his or her designee.
Executive Summary
Absent any restriction on hours of access, the Cubberley Community Center is being used by a
growing number of individuals as a place of residence rather than a community center. As a
multi-purpose public community center, with many preschool and afterschool programs on
campus, the Cubberley Community Center has neither the appropriate facilities nor staffing to
function in this capacity. Housing is neither the intended purpose nor appropriate use for the
Cubberley Community Center. As Cubberley is currently open overnight, staff is concerned for
City of Palo Alto Page 2
the safety and security of the Cubberley patrons, tenants, staff and the individuals residing on
campus.
Staff has been meeting with social service providers and others on means to address the issue
of homelessness and use of community facilities and is recommending transitional funding and
service enhancements to increase homeless outreach effectiveness and access to better
services and alternatives.
Additionally, staff recommendations have been developed to ensure that the core function of
the community center and other City facilities, i.e., provision of a space for community events
and programming is preserved by regulating hours of use (see Draft Ordinance).
Background
Since 1996, Palo Alto Municipal Code 22.04.320 has restricted access to City parks to between
the hours of sunrise and 10:30 pm. There has not been a similar restriction on access to
community centers, museums, theatres or City library grounds.
There have been five to 10 individuals camping on the Cubberley Community Center campus
for a number of years, mostly in their vehicles. In the last two years, the number of over-night
inhabitants has increased significantly at this location. Counts vary by night, but there is
currently an average of 20 individuals residing unsheltered on campus and an additional 10-20
vehicle dwellers who reside in the Cubberley parking lot. Many of the vehicles leave during the
day, but at least eight campers remain on campus at all times. Staff attributes the increase of
individuals residing on campus to many factors, including the closure of the Clara Mateo Shelter
in Menlo Park, construction closures at the Mitchell Park Community Center, Art Center, and El
Camino Park.
Longer-term approaches to meeting the needs of neighbors and Cubberley patrons, as well as,
individuals who are residing at Cubberley, include a proposed new municipal code ordinance
defining the hours of designated public facilities and purposeful and specific outreach to the
individuals residing at Cubberley and other City community centers, libraries and museums.
Overview of Issues at Cubberley
Many of the individuals residing at Cubberley observe the facility rules and their behavior
causes no problems to others or staff. However, the actions of some others pose serious
concerns. The key concerns are summarized below:
City of Palo Alto Page 3
Day time:
1. Shower usage
Facilities are unmonitored, which is not consistent with best practices for a shower
program.
Verbal disputes and physical altercations in the shower room.
Some Cubberley dwellers refuse to leave the shower facility by 8 am.
2. Storage of personal belonging on campus and in locker rooms.
3. Health and safety
Bathing and cooking in bathrooms.
Night time:
1. Safety concerns as reported by:
Staff
o Aggressive actions directed at staff by some individuals including verbal abuse
and threats to person safety.
Tenants
Visitors/program participants
2. Health
Urination/defecation in the open.
Dumping of vehicle sewage in bathroom sinks.
Cleaning of food items in bathroom sinks.
Bathing/shaving in bathroom sinks.
3. Drinking and drug use
4. Fights between individuals
5. Overnight sleeping on campus (in vehicles and unsheltered).
6. Trespassing into class rooms for purpose of overnight shelter.
Cubberley Facility Showers
Many of the vehicle dwellers and individuals leave the campus during the day, but come back at
night, usually after 8 pm. There are no specific programs for individuals residing on the
Cubberley campus. However, the women’s and men’s locker rooms are open to the public for
showering Monday to Friday, from 6:00 am to 8:00 am and are currently only used by the
individuals residing at Cubberley during this period.
City of Palo Alto Page 4
Over a decade ago, the gymnasium showers were opened for participants in Foothill College
Athletic programs starting at 7 am. In 2004, some individuals asked the Cubberley Facility and
Human Services Manager if the showers could be opened at 6:00 am to accommodate their
work schedules. Although not participants in a Foothill College athletic program, the staff
approved the request. At the time there were no other free public showers available in the
community. The original public shower times were 6:00 am to 10:00 am. However, after
receiving numerous complaints from facility tenants such as Cardiac Therapy Foundation, and
Foothill College staff and students regarding the behavior of some of the individuals using the
showers, Cubberley staff reduced the hours to 6:00 am to 8:00 am in 2011. The use of the
showers is neither a formal City of Palo Alto program nor an official policy, and staff has set a
closure date for public use of August 31, 2013. This closure does not require an action by the
Council.
Cubberley Safety Issues
Increasingly, concerns and complaints from the public, program participants and tenants about
these behaviors of the individuals residing at Cubberley have been reported to staff at the
Cubberley Community Center office. Other more specific complaints have centered on
individuals or groups of individuals intoxicated, vehicles that remain in the same location for
extended periods of time, lawn chairs that are set up next to RV’s, loud music coming from the
parking lot on weekends, syringe needles found around campus, and encounters with half-
dressed people going to the showers in the morning. The individuals residing at Cubberley also
have reported concerns for their personal safety and health and sanitation violations they have
witnessed by other individuals on campus, both in the hallways and in the showers.
The Cubberley Community Center custodial staff often report issues related to the individuals
residing at Cubberley. For the night time custodial staff, the concerns raise exponentially. Only
two custodians are on duty until 12:00 am. Their duties include cleaning and locking up the
classrooms and bathrooms. They have witnessed numerous fights between individuals residing
on campus, incidents of public drunkenness, cooking and cleaning of utensils and laundry in the
bathrooms. At times, the janitors hesitate to approach an individual regarding their behavior
due to personal safety concerns. Some individuals residing on campus also have approached
staff to ask them to intervene with inter-personal disputes. Staff has called the Police
Department when they become aware that criminal incidents have occurred. Over the past
year, the Police Department has made a few arrests for battery and outstanding warrants on
the Cubberley campus. However, for a majority of the calls for service, the Police do not make
arrests. Most frequently, by the time the police arrive the parties have already left the scene or
refuse to press charges against one another. Because either the Police did not witness the
incident or because of a lack of victim cooperation, the Police was unable to take further action
in regard to these incidents.
City of Palo Alto Page 5
For a three-month period in spring 2013, Community Services felt the need to provide a
security guard on campus at night to ensure staff safety after a threat was made to staff by an
individual residing on campus. The Police Department filed a criminal complaint in regard to
this incident and subsequently was able to obtain a protective order for the involved staff
member.
Claim Against the City for Injury Sustained in the Showers
On June 10, 2013, the City received a claim for approximately $51,000 in damages filed by an
individual as a result of a physical injury (fractured index finger) sustained by another individual
residing at Cubberley while using the shower facility at Cubberley.
Assault Incident on June 19, 2013
On June 19, 2013, the PAPD arrested a man for assaulting another man on the Cubberley
Campus with a deadly weapon. Witnesses informed the Police Department that both men
resided at Cubberley and the assault was precipitated by a dispute over national origin.
DISCUSSION
During 2013, staff has been working to find approaches to address the issues at Cubberley
Community Center. Meetings have been conducted with Community Services Department,
Police Department and City Manager’s Office staff to gather information and analyze workable
solutions. Staff also solicited feedback about their experiences with the individuals residing at
Cubberley from all Cubberley residents and had more extended conversations with long term
and larger key campus tenants. These conversations shed light on the scope of the issues.
Staff has also discussed the issues at Cubberley on several occasions with the key homeless
services partners in Palo Alto including Downtown Streets Team, Inn Vision Shelter Network
and Momentum for Mental Health, as well as, with the Community Working Group. Homeless
services partners have provided regular outreach and/or support on the Cubberley campus and
other City facilities and have been part of a larger conversation on possible approaches to
addressing camping at City facilities and associated problems. In regards to the showers at
Cubberley, social service providers have said the best practices for a homeless shower program
are those that are staffed and monitored, which is not the case at Cubberley.
Many of the individuals residing at Cubberley are known to the social service providers and
have been homeless for many years. Since many homeless individuals have mental health
and/or substance abuse challenges, assisting them is not a matter of making a single contact.
Service providers work to establish trust between provider and individual.
City of Palo Alto Page 6
Potential Approach - Response Plan
While the Committee may consider a number of approaches, a proposed response plan was
developed with the input and support of our key homeless social service partners to address
immediate and long-term issues of homelessness in the community and individuals residing at
Cubberley, as described below.
Phase 1 – Immediate
At present, under the leadership of the Downtown Street Team, the following actions have
occurred or are on-going.
1. Assessment of individuals residing on campus
2. Monitoring of men’s and women’s showers:
a. Informing shower users of pending shower closure.
b. Providing Case Manager Outreach to individuals using showers.
c. Providing incentives (including VTA bus tokens) to encourage individuals to start
using showers at Opportunity Services Center.
Phase 2 – Longer Term
Enhance Social Services
Staff recommends developing a plan to enhance services for un-housed and under-housed
individuals through one of the approaches listed below.
In all conversations with our homeless service partners on the most effective way to address
the issue at City facilities, the need for a more comprehensive, community-wide approach was
emphasized. The following longer term approaches were recommended by the homeless
service providers and submitted for review by the Policy & Services Committee.
1. Creation of a Palo Alto Homeless Outreach Team (HOT). A HOT team would serve to
engage, case manage, transport and ultimately secure housing as available for the most
challenging to serve homeless individuals with mental health and substance abuse
challenges (individuals who have been residing on the street for extended period of
time and are resistant to services, etc.). The approach would be tailored for each
individual. Comprised of staff members of local homeless service providers (with a key
agency identified), public stakeholders and other community partners, the team would
focus first on individuals at the Cubberley site, and then expand their geographic scope
to homeless residents of Palo Alto.
City of Palo Alto Page 7
One of our key local homeless service providers, Inn Vision Shelter Network, has
successfully implemented HOT programming in East Palo Alto, San Mateo and Redwood
City. They have recently received awards to expand HOT programming to Half Moon
Bay, Pacifica and South San Francisco. The approximate cost for a HOT team is $150,000
for one year. Funding of this program would need to be transitioned to other Santa
Clara County or privately-financed programs after one year.
2. Funding match with Santa Clara County for housing subsidies. Staff has been in
conversation with the Director of Homeless Systems for the County of Santa Clara on
possible county funding of combination of transitional and long term rent subsidies for
ten homeless individuals who primarily have had contact with the criminal justice
system and have a high chance of recidivism and who significantly impact county, state
or local resources. However, t`his would require a two-year, $50,000 annual local
commitment to fund a case manager. Santa Clara County would match the City’s
contribution each year at the same amount, $50,000. Management of such of project
would fall to the local homeless service provider who is the designated lead agency as
selected by the County.
Ordinance
Staff also recommends the Policy and Services Committee recommend to Council an ordinance
(Attachment A) that defines reasonable hours of public access to community facilities to be
sunrise to 10:30 pm daily.
Additional Information-Demographics:
In regard to background information on homelessness in Palo Alto, according to the recently
released data from the 2013 Santa Clara County Homeless Census and Survey, the number of
homeless in Palo Alto is 157. For comparison, counts for our neighboring cities are; Mountain
View – 137, Los Altos – 4, and Sunnyvale – 425 (count taken at time when winter shelter was
open at the Sunnyvale Armory.) The county wide count is 7,631 (see Attachment B for
summary of key census findings).
In its comprehensive 2011 Human Services Needs Assessment, the Human Relations
Commission surveyed and held focus groups with homeless individuals and providers in Palo
Alto (see Attachment C), and found that gaps in services to the homeless center around the
need for more case managers to work one to one with individuals and available placements
affordable housing.
City of Palo Alto Page 8
Timeline
If the ordinance is recommended by the Policy and Services Committee, the ordinance would
be presented for a first reading to the City Council in October 2013. The ordinance would go
into effect thirty days after the passage of the second reading of the ordinance.
Resource Impact
Enforcement of the proposed ordinance would be accomplished with existing Police staff
resources. No additional staffing is proposed at this time.
The resource impact for the development of social service outreach programs is dependent on
the approach recommended by the Policy & Services Committee and approved by the Council.
The approximate cost for a HOT Team is $150,000 per year. The funding match with Santa
Clara County for housing subsidies would require a two year, $50,000 per year commitment on
behalf of the City.
Policy Implications
Adoption of an ordinance regulating the hours and proper use of community facilities would be
consistent with Policy C-9 of the Community Services Element of the Comprehensive Plan:
“Deliver City services in a manner that creates and reinforces positive relationships among City
employees, residents, businesses, and other Stakeholders, “ as well as Policies C-22 (community
facilities to have flexible functions to ensure adaptability to the changing needs of the
community) and C-23 (expand the space available in the community for art exhibits, classes and
other cultural activities.
Development of strategies to address the needs of homeless individuals would be consistent
with Policy C-20 of the Community Services Element of the Comprehensive Plan: “Support and
promote services addressing the needs of the unhoused community.”
Attachments:
-: Attachment A - 0160023 Ordinance Closing Community Centers v5 FG (DOCX)
-: Attachment B -'13 Homeless Census SCC Summarypage (PDF)
-: Attachment C - Excerpt from Human Services Needs Assessment conducted by
the Human Relations Commission in 2011 (DOCX)
-: Attachment D - HSRAP-CDBG Support for Homless Related Services August
(XLS)
1
*NOT YET APPROVED*
ORDINANCE NO. _____
Ordinance of the Council of the City of Palo Alto Amending
Chapter 9.06 (Public Peace, Morals, and Safety) to add Section 9.06.020 – Overnight Use of
Community Facilities Prohibited
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) The City Council hereby updates Title 9 of the Palo Alto Municipal Code to
provide for overnight closure of public libraries, community centers, theaters,
interpretive buildings, and Art Center is essential to maintain and promote the
public health, safety and welfare, to provide for the continued effective
management of public property, and to provide for the continued enjoyment
and accessibility of public property by all Palo Alto residents and the public at
large; and
(b) The overnight use of public libraries, community centers, theaters, interpretive
buildings, and Art Center causes the City to incur increased costs for policing,
maintenance, sanitation, garbage removal, animal control, and other problems
which may arise; and
(c) The overnight use of public libraries, community centers, theaters, interpretive
buildings, and Art Center hinders public access to the services provided at those
facilities; and
(d) Public libraries, community centers, theaters, interpretive buildings, and Art
Center are not intended for overnight use, during hours when the grounds are
unstaffed and unmonitored, which creates a risk to the health, safety, and
welfare of those persons on the grounds, as well as the public at large.
SECTION 2. Section 9.61.020 (Community Facilities Closed Midnight to
Sunrise) of Chapter 9.61 (Regulation of Community Facilities) of Title 9 (Public Peace, Morals,
Safety) of the Palo Alto Municipal Code is hereby added to read as follows:
“9.61.020 Use of Community Facilities Prohibited from Midnight to Sunrise
No person shall use, remain in or enter any Community Facilities between 10:30pm
and sunrise, other than a duly authorized city employee or persons participating in
city-sponsored activities or other activities for which the city has provided written
2
permission to utilize the grounds beyond the closing time, provided however that
the additional closure of specific facilities during portions of the day or the year
may be specified by the City Manager or his or her designee.
For the purposes of this chapter, “Community Facilities” means all buildings and
premises of City of Palo Alto Libraries, the Cubberley Community Center, 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, but not any land
dedicated for park use.”
SECTION 3. 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
Every two years in January, communities across the country conduct comprehensive counts of their homeless population to gain a better understanding of the individuals who are currently experiencing homelessness, and to apply for federal funding for homeless programs.
The 2013 Santa Clara County Point-in-Time Count was a community-wide effort conducted on January 29th and 30th, 2013. In the weeks following the street count, a survey was administered to 856 unsheltered and sheltered homeless individuals, in order to profi le their experience and characteristics.
Sheltered Unsheltered
2004
2007 2009 2011
2013
SHELTERED INCLUDES:
UNSHELTERED INCLUDES:
OBSTACLES TO SECURING
PERMANENT HOUSING
EncampmentAreas
19%
Cars/vans/RVs
16%
Abandoned buildings
9%
On the street
31%
Emergency
Shelter12%
Transitional
Housing 13%
Safe
Haven <1%
SANTA CLARA COUNTY
2013
Homeless
Census
& Survey
HOMELESS CENSUS NINE-YEAR TREND
ETHNICITY (TOP 4 RESPONSES)GENDER
31%
67%
2%6%
22%
28%
31%Men
Women
Transgender
1 year or more1-11 months30 days or less
Hispanic
White
Black
Multi-ethnic
52% of those experiencing homelessness for the first time had been homeless for one year or more
AGE
FOSTER CARE(respondents that have ever been in the system)
16%
77%25+
14%18-24
9%Under 18
Yes (46%)
No (54%)
2013
2011
FIRST TIME HOMELESSNESS
DURATION OF
HOMELESSNESS
35%
9%
56%
13%
41%47%
93% of survey respondents said YES when asked if they would want affordable permanent housing were it available.
JOBS
Bad Credit | 21%
No housing availability | 18%
No money for moving costs | 30%
No job/income | 54%
26%74%
7,0677,0867,202
7,646 7,631
A disabling condition is defined here as a physical disability, mental illness, chronic depression, alcohol or drug abuse, chronic health problems, HIV/AIDS, Post-traumatic Stress Disorder (PTSD), or a developmental disability.
What is a
disabling
condition?
WHAT MIGHT HAVE PREVENTED RESPONDENTS’
HOMELESSNESS (TOP 4 RESPONSES)
42%34%
$
24%
Employment Assistance
Rent/Mortgage Assistance
Mental Health Services
21%
Alcohol/DrugCounseling
64%
of survey respondents reported a
disabling condition.
DISABLING CONDITIONS
Mental illness* (51%)
Substance
abuse (17%)
Chronic physical illness (12%)
Physical disability (14%)
Developmental
disability (4%)
* Mental illness includes PTSD, depression, and other mental illnesses including bipolar and schizophrenia.Note: Multiple response question, numbers will not total to 100%.
Source: Applied Survey Research. (2013). Santa Clara County Homeless Census & Survey. Watsonville, CA.
For more detail or to view the comprehensive report, please visit www.appliedsurveyresearch.org.
SERVICES & ASSISTANCE
EMERGENCY
ROOM USE
in the past
12 months
65%
35%
of respondents reported receiving government benefits
reported were NOT receiving any government benefits
Government services received (Top 3 Responses)
Reasons for NOT receiving government services(Top 3 Responses)
Calfresh, WIC or food stamps
61%
GeneralAssistance
38%338%
PANHANDLINGANHANDLING
$5.90 per day is the average income for those survey respondents who reported panhandling
INCARCERATION
spent at least 1 or more nights in jail or prison in the past 12 months28% Never 1-3 times 4+ times
49%
35%
16%
$250or less
is the amount
that 71% of
respondents
reported as their
total monthly
income.
Summary
These data provide a snapshot of those experiencing homelessness in Santa
Clara County on January 29th and 30th.
It provides a basic estimation of the
number and characteristics of those
experiencing homelessness on any given
night in order to inform future service
planning and provisioning efforts.
SSI/SSDI
15%
Don’t need government assistance
19%
Don’t think you are eligible
23%
Income Gap
Self-Sufficiency StandardRespondent’s Income
$2,906/mo
$250/mo
$$$
Never applied
15%
Excerpt from Human Services Needs Assessment conducted by the Human Relations
Commission in 2011.
Homelessness (including permanent and temporary housing and the assistance needed to get
into and remain in housing)
Definition: Estimates vary of the number of homeless in Palo Alto from 200 – 400. Homelessness
takes a number of forms, of which these three predominate:
1) Situational or transitional: This is when someone is forced into homelessness because of
uncontrollable circumstances such as losing a job and loss of the main breadwinner (father,
husband, wife), etc. Also in this category are those with an urgent need for temporary shelter
because of domestic abuse.
2) Episodic or cyclical: This is when a person repeatedly falls in and out of homelessness, as
often happens with drug addicts and with people experiencing mental health issues. A person
might live with episodes of severe depression and fall back in homelessness when these
occur.
3) Chronic: This is when an individual is on the street for a long period of time and has very few
or no resources at his or her disposal to modify their situation. Often, these people will suffer
from mental health issues. They won’t have the ability to modify their situation without the
support of others.
Needs: Of the basic needs, emergency and permanent housing for low-income residents is in the
shortest supply. What is available for permanent housing in Palo Alto (rental and for purchase) has
come from the Palo Alto Housing Corporation, Community Working Group, Opportunity Center,
CDBG- and other publically-assisted low-income housing, and Section 8 vouchers through the Santa
Clara County Housing Authority. The Opportunity Center also provides emergency shelter through
the Hotel de Zink program with a 15-bed rotating-shelter for men, hosted by Palo Alto area faith
communities. This year there was also a Hotel de Zink for women, run by a Stanford student group
called Night Outreach. It operated under the auspices of the Opportunity Center. Students raised the
money, but there is uncertainty about whether they can come up with the money to do so again. It
closed at the end of April.
There are no other homeless shelters in North County; the Clara-Mateo Shelter at the VA in Menlo
Park closed last year. The closest resource is the National Guard Armory in Sunnyvale that provides
125 beds, but is only open from November – March. Most other homeless shelters are in San Jose
and have waiting lists. One key area where HSRAP enters the picture is through the services that
help qualify individuals for such housing. That involves primarily mental and physical health care,
employment, treatment and control of substance abuse, and other supports unique to individuals.
Right next to housing itself is the interpersonal support to get homeless individuals into it and to
provide the encouragement, assistance, and, as necessary, interventions to keep them in it. This is
where case management or a comparable framework is crucial. Case management combines
expertise, trust, and commitment to deal with issues such as landlord disputes, bouts of joblessness,
regression regarding substance abuse, and the like—and to provide encouragement, to pave paths to
increasing independence, and to move someone out of dependence so that another can be helped. A
prime Palo Alto example of a program that amplifies case management is the Downtown Streets
Team (DST) where a job, housing, and personal support can lead to increasing independence.
Through its collaboration with Manpower, Inc., the DST links individuals with potentially permanent
jobs and the coaching and guidance to capitalize on the employment opportunity
Because Palo Alto is generally seen as a generous community, where temporary assistance,
panhandling, and respectful police enforcement attenuate the pressure on the homeless to take
initiative toward independence, our community is perceived on balance, as friendly to those who are
un-housed. This does not mean it is problem-free, or that homeless individuals don’t need assistance
to move toward self-sufficiency. But it does explain why, compared to neighboring towns, Palo Alto
appears to have greater numbers than they of homeless and panhandlers. Downtown merchants have
longstanding concerns about this, and the Police Department has assigned a special patrol to insure
safety and cleanliness in the University Avenue area and associated parks and parking lots.
Providers: Four agencies have programs in Palo Alto serving the homeless. All are HSRAP
grantees. The InnVision-Opportunity Center’s services include assistance for singles and families in
need, providing for basic needs, case management, food, showers, laundry, computer lab, health care,
lockers, and children’s activities, and oversees the “breaking bread” program (which is a free hot
meal program at local churches), a food closet at a local church, permanent housing for singles and
families, and temporary rotating shelter program. Downtown Street Team (DST) members work in a
variety of capacities in exchange for vouchers for food and other necessities. DST also provides
participants with case management, transportation assistance, temporary and permanent housing as
available and job search skills to work toward greater skills and independence. Momentum for
Mental Health, a county-wide agency, provides a variety of mental health services. HSRAP funding
supports a 12-hour homeless outreach specialist who is employed by Momentum. Peninsula Health
Care Connections provides free medical, psychiatric and intensive case management for the homeless
and those at risk of being homeless.
Interrelations: The agencies in Palo Alto listed above work very closely together. The City’s Office
of Human Services facilitates a bi-monthly meeting of North County homeless services providers
called the Off the Streets Team, where the discussion usually centers on the needs of clients. The
Police Department facilitates a monthly meeting called North County Alternative Services,
comprised of personnel from the Police Department, Office of Human Services, District Attorney’s
office, Veteran’s Administration, and County Mental Health service providers, among others. This
group works on a restorative justice model to work with the homeless who are in frequent contact
with the criminal justice system to connect them with housing and services.
Gaps: All of the agencies working with the homeless are dealing with the basic needs of a very
vulnerable segment of our population. A key finding of this report is the importance of meeting
basic needs first and is highlighted by Philip Dah, Executive Director of the Opportunity Center who
said “Basic needs are, indeed, food, clothing, and shelter. Those needs need to be met before a
person can pay attention to medications, physical and mental health, looking for work, etc., and
before a case worker can get any traction on other problems.” Beyond basic needs, homelessness
requires special, usually one-on-one, relationships with case workers or similarly dedicated
professionals to move from homelessness to independence and housing. Finally, the housing needs
to be there as do services that enable the formerly homeless to maintain this new level of
independence.
FY 2014 Funding for Homeless Service Programs
(HSRAP/CDBG)
Agencies providing homeless
services
Agency Program Description
2008-09
Funding
Amount
2009-10
Funding
Amount
2010-11
Funding
Amount
2011-12
Funding
Amount
2012-13
Funding
Amount
2013-14
Funding
Amount
HSRAP
Community Technology Alliance
Support for program operating expenses to provides
technical tools to partnering agencies addressing chronic
homelessness; provides a phone number for homeless and
at-risk individuals to improve their access to employment,
housing, and other social services.12,700$ 12,065$ 12,065$ 5,432$ 5,432$ $ 5,823
Downtown Streets Team
Staff salaries and program expenses to provide a work-first
model geared toward the homeless and at-risk individuals in
the community through training, weekly success team.
meetings 37,700$ 35,815$ 35,815$ 33,666$ 33,666$ $ 36,090
InnVision Shelter Network
Staf salaries to operate Opportunity Services Center's
nutrition program including daily meal and grocery programs. 8,920$ 8,920$ $ 12,340
Momentum for Mental Health
Staff salary for Homeless Outreach Specialist who conducts
direct street outreach to locations in Palo Alto and provides
in person training to public and private entities in Palo Alto on
homelesslness.27,000$ 25,650$ 25,650$ 24,111$ 24,111$ $ 25,847
Peninsula HealthCare
Connection Inc
Staff salary for outreach case worker who will seek out
homeless individuals who are suffering from various
untreated mental and medical conditions; work to secure
housing and monitor the client's progress and keep them
connected to the various medical, psychiatric and counseling
services.25,000$ 25,000$ $ 26,800
TOTAL 77,400$ 73,530$ 73,530$ 97,129$ 97,129$ 106,900$
FY 2014 Funding for Homeless Service Programs
(HSRAP/CDBG)
CDBG
InnVision the Way Home
Staff salaries for case workers to handle intake for drop in
clients at the Opportunity Services Center. 31,160$ 34,211$ 50,000$ 37,175$ 48,852$
InnVision the Way HomeCMA Staff salaries for emergency shelter 36,361$ 33,068$ -$ --
Palo Alto Housing Corp Staff salaries for SRO Resident Suport 31,160$ 34,211$ 26,000$ 20,375$ 32,413$
Downtown Steets Inc.
Staff salaries and operational expenses (supplies) for
workforce development program. 280,353$
TOTAL 98,681$ 101,490$ 76,000$ 57,550$ 361,618$
CDBG funding
recommendationfor 2013-14 is
pending final City Council
approval in August.
ATTACHMENT B
*NOT YET APPROVED*
ORDINANCE NO. _____
Ordinance of the Council of the City of Palo Alto Amending
Chapter 9.06 (Public Peace, Morals, and Safety) to add Section 9.06.020
– Use of Community Facilities Prohibited from 10:30pm to Sunrise
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) The City Council hereby updates Title 9 of the Palo Alto Municipal Code to
provide for overnight closure of public libraries, community centers, theaters,
interpretive buildings, the Art Center and Civic Center Plaza is essential to
maintain and promote the public health, safety and welfare, to provide for the
continued effective management of public property, and to provide for the
continued enjoyment and accessibility of public property by all Palo Alto
residents and the public at large; and
(b) The overnight use of public libraries, community centers, theaters, interpretive
buildings, the Art Center and Civic Center Plaza causes the City to incur
increased costs for policing, maintenance, sanitation, garbage removal, animal
control, and other problems which may arise; and
(c) The overnight use of public libraries, community centers, theaters, interpretive
buildings, the Art Center and Civic Center Plaza hinders public access to the
services provided at those facilities; and
(d) Public libraries, community centers, theaters, interpretive buildings, the Art
Center and Civic Center Plaza are not intended for overnight use, during hours
when the grounds are unstaffed and unmonitored, which creates a risk to the
health, safety, and welfare of those persons on the grounds, as well as the
public at large.
SECTION 2. Section 9.61.020 (Use of Community Facilities Prohibited from
10:30pm to Sunrise) of Chapter 9.61 (Regulation of Community Facilities) of Title 9 (Public
Peace, Morals, Safety) of the Palo Alto Municipal Code is hereby added to read as follows:
“9.61.020 Use of Community Facilities Prohibited from 10:30pm to Sunrise
No person shall use, remain in or enter any Community Facilities between 10:30pm
and sunrise, other than a duly authorized city employee or persons participating in
2
city-sponsored activities or other activities for which the city has provided written
permission to utilize the grounds beyond the closing time, provided however that
the additional closure of specific facilities during portions of the day or the year
may be specified by the City Manager or his or her designee.
For the purposes of this chapter, “Community Facilities” means all buildings and
premises of City of Palo Alto Libraries, the Cubberley Community Center, 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, Foothills Park Interpretive Center, and Civic Center Plaza
(as defined in Municipal Code Section 9.60.020(b)), but not any land dedicated for
park use.
SECTION 3. 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
POLICY AND SERVICES COMMITTEE
WORKING MINUTES EXCERPT
Page 1 of 2
Special Meeting
August 13
Chairperson Kniss called the meeting to order at 6:15 P.M. in the Council
Chambers, 250 Hamilton Avenue, Palo Alto, California.
Present: Holman, Klein, Kniss (Chair), Price
Absent:
Agenda Items
1. Consideration of Approaches to Positively Impact Homelessness and
Ordinance Regarding Establishment of Community Center Hours,
including Cubberley, Stern and Mitchell Community Centers.
MOTION: Council Member Holman moved, seconded by Council Member
XXXX to recommend the City Council: 1) refer matter to the Human
Relations Commission, charge Human Relations Commission and relevant
City Staff to identify a structured proposal within 30 days with potential
funding sources and request for funding to address homeless issues
discussed this evening, with additional critical related matters. Such a
structured proposal would include relevant organizations, related programs
and responsibilities, relevant funding and means to measure success.
Proposal will not be final word on this subject but intended to get the City on
solid near term fitting for solutions; 2) City Council is requested to provide
$75k to increase Hotel to Zink program, Downtown Street Teams work, and
look at expanding Sunnyvale armory opening earlier; 3) Direct Staff to turn
off WIFI at library closing time, until opening time the following day; turn off
electricity to external outlets at closing time; direct Staff to provide
alternative access to showers for people; direct Staff to lock dumpster in
non-work hours; increase patrols at Cubberley; tow unregistered vehicles
and discard unattended belongings.
MOTION FAILED DUE TO THE LACK OF SECOND
MOTION: Council Member Klein moved, seconded by Council Member Price
to recommend to the full Council: 1) that Staff develop a program at a one-
WORKING MINUTES
Page 2 of 2
Special Policy and Services Committee Meeting
Working Minutes: 08/13/13
time cost not to exceed $150k to deal with homeless issues brought forward
tonight, 2) direct Staff to have the details of the program ready for full
Council consideration as soon as it is complete, or as soon thereafter for
consideration and approval by Council, 3) recommendation Number 2, page
7 of the staff report “Funding match with Santa Clara County for housing
subsidies”, and 4) recommend to Council an Ordinance (Attachment A) that
establishes hours of public access to the Cubberley Community Center and
other City of Palo Alto Community Facilities as sunrise to 10:30 PM daily.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER request that staff bring forward to Policy and
Services Committee a discussion of the utilization of the Community Health
and Safety component of the Development Agreement with Stanford
University Medical Center, including a discussion of health services to
individuals most at risk including homeless.
MOTION PASSED: 3-1 Holman no
ADJOURNMENT: The meeting was adjourned at 9:29 P.M.
CITY OF PALO ALTO CITY COUNCIL
FINAL ACTION
Page 1 of 5
Special Meeting
August 19, 2013
The City Council of the City of Palo Alto met on this date in the Council
Chambers at 5:05 P.M.
Present: Burt arrived at 5:10 P.M., Holman, Klein, Kniss arrived at 5:15
P.M., Price, Scharff, Schmid, Shepherd
Absent: Berman
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his designees
pursuant to Merit System Rules and (James Keene, Pamela Antil, Lalo
Perez, David Ramberg, Joe Saccio, Kathryn Shen, Sandra Blanch,
Dania Torres Wong, Val Fong, Marcie Scott, Brenna Rowe, Molly
Stump)
Employee Organization: Service Employees International Union,
(SEIU) Local 521
Authority: Government Code Section 54957.6(a)
2. CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his designees
pursuant to Merit System Rules and Regulations (James Keene,
Pamela Antil, Lalo Perez, David Ramberg, Joe Saccio, Kathryn Shen,
Sandra Blanch, Dania Torres Wong, Val Fong, Marcie Scott, Brenna
Rowe, Molly Stump)
Employee Organization: Palo Alto Police Officers Association (PAPOA)
Authority: Government Code Section 54957.6(a)
Mayor Scharff noted at 6:10 P.M. there was no reportable action from the
Closed Session.
STUDY SESSION
3. Joint Study Session with City Council and Architectural Review Board.
FINAL ACTION
Page 2 of 5
City Council Meeting
Final Action: August 19, 2013
The Architectural Review Board (ARB) described ongoing efforts to address
the April 15, 2013 Council Colleagues Memo requesting Staff, ARB and the
Planning and Transportation Commission review sidewalk widths with a focus
on the El Camino Real and the Grand Boulevard plans then return to Council
with suggested Zoning Amendments. ARB Members noted that addressing
the sidewalk width alone would not solve the issues on El Camino Real, that
there were use-issues and a need for the City develop its own sense of the
zone and an approach to Caltrans. Council Members discussed setbacks, the
importance of creating a welcoming nature in buildings, and building height,
among other topics.
SPECIAL ORDERS OF THE DAY
4. Proclamation Expressing Appreciation to Michael Closson Upon his
Retirement from Acterra.
5. Proclamation Celebrating the 50th Anniversary of Dr. Martin Luther
King Jr's “I Have a Dream Speech.”
6. Presentation of Automated External Defibrillators Purchased With City
Council Contingency Funds.
7. Appointment to the Architectural Review Board for One Unexpired
Term Ending on September 30, 2015.
City Clerk, Donna Grider announced that Robert Gooyer with five votes was
selected to serve an unexpired term ending on September 30, 2015.
AGENDA CHANGES, ADDITIONS AND DELETIONS
MOTION: Vice Mayor Shepherd moved, seconded by Council Member
Holman to refer Agenda Item Number 17 “Adoption of Ordinance for a New
Chapter 18.15 (Residential Density Bonus) to Include in Title 18 of the Palo
Alto Municipal Code to Implement Government Code Section 65915” to the
Regional Housing Mandate Committee. Furthermore, to continue Agenda
Item Number 14 “Approval of Continuation of Council Consideration of an
Appeal of a Director's Approval of a Major Architectural Review Board
Application for a Four-story, 50 foot, Mixed Use Building Located at 240-248
Hamilton Avenue, With a New Floor Area of 15,000 Square Feet Until
September 9, 2013. The project includes a Variance to Encroach Into the
Required Seven Foot Special Setback Along Hamilton Avenue and the
Required Six Foot Special Setback Along Ramona Street. Environmental
Assessment: an Initial Study and Mitigated Negative Declaration Have Been
Prepared. Zone District: Downtown Community Commercial (CD-C)(P)(GF)
FINAL ACTION
Page 3 of 5
City Council Meeting
Final Action: August 19, 2013
with Pedestrian Shopping and Ground Floor Combining Districts” to
September 9, 2013.
MOTION PASSED: 8-0 Berman absent
CONSENT CALENDAR
Council Member Holman registered a no vote on Agenda Item Number 13.
MOTION: Vice Mayor Shepherd moved, seconded by Council Member Kniss
to approve Agenda Item Numbers 8-13 and 15.
8. Approval of a Contract with Staples (NJPA 031210-SCC) in an Amount
Not to Exceed $250,000 Per Year (Total $500,000 for a Two-year
Term) from September 2, 2013 to September 2, 2015 for Office
Supply Services.
9. Approval of a Contract No. C14149800 with Musson Theatrical, Inc. in
the Amount of $120,000 for the Design-Build of the Cubberley Theater
Lighting Dimmer System.
10. Recommendation to Proceed with a Request for Proposals for State
Legislative Advocacy and to Return to the Policy & Services Committee
with a Recommendation on Final Contract Scope.
11. Ordinance 5204 entitled, “Ordinance of the Council of the City of Palo
Alto Adding Chapter 2.06 to Title 2 of the Palo Alto Municipal Code to
Restrict the Use of the City Seal and Other City Logos (1st Reading
August 5, 2013, PASSED: 9-0).”
12. Ordinance 5205 entitled, “Ordinance of the Council of the City of Palo
Alto Authorizing Electronic Signatures on Documents Used and
Accepted by the City of Palo Alto (1st Reading: August 5, 2013
PASSED: 9-0).”
13. Ordinance 5206 entitled, “Ordinance of the Council of the City of Palo
Alto Adding Section 9.06.010 to the Palo Alto Municipal Code to
Prohibit Human Habitation of Vehicles (1st Reading; August 5, 2013,
PASSED: 7-2 Berman, Holman no).”
14. Approval of Continuation of Council Consideration of an Appeal of a
Director's Approval of a Major Architectural Review Board Application
for a Four-story, 50 foot, Mixed Use Building Located at 240-248
Hamilton Avenue, With a New Floor Area of 15,000 Square Feet Until
September 9, 2013. The project Includes a Variance to Encroach Into
FINAL ACTION
Page 4 of 5
City Council Meeting
Final Action: August 19, 2013
the Required Seven Foot Special Setback Along Hamilton Avenue and
the Required Six Foot Special Setback Along Ramona Street.
Environmental Assessment: an Initial Study and Mitigated Negative
Declaration Have Been Prepared. Zone District: Downtown Community
Commercial (CD-C)(P)(GF) with Pedestrian Shopping and Ground Floor
Combining Districts (STAFF RECOMMENDS ITEM TO BE
CONTINUED TO SEPTEMBER 9, 2013).
15. Request For Authorization To Increase Compensation of Existing
Contracts With (1) the Law Firm Of Burke, Williams & Sorensen, LLP
for a Total Contract Not-to-Exceed Amount of $120,000 for Litigation
Matters; and (2) Moscone Emblidge Sater & Otis for a Total Contract
Not-to-Exceed Amount of $160,000 For Transactional Legal Services.
MOTION PASSED to approve Agenda Item Numbers 8-12 and 15: 8-0,
Berman absent
MOTION PASSED to approve Agenda Item Number 13: 7-1 Holman no,
Berman absent
ACTION ITEMS
16. Update on Development of Approaches to Positively Impact
Homelessness and Adoption of an Ordinance amending the Palo Alto
Municipal Code to add section 9.61.020 to establish Community
Facilities Hours including Cubberley, Lucie Stern and Mitchell Park
Community Centers.
MOTION: Council Member Kniss moved, seconded by Council Member Price
to adopt an ordinance amending the Palo Alto Municipal Code to add section
9.61.020 to establish Community Facilities Hours, including Cubberley, Stern
and Mitchell Community Centers.
AMENDMENT: Council Member Schmid moved, seconded by XXXX that
before the ordinance went into effect, Staff would present a concrete plan to
deal with homelessness which would include a major effort by San Mateo
County to accept responsibility for a major role, and present a strategy with
plans, costs, and measures of success.
AMENDMENT FAILED DUE TO LACK OF A SECOND.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER that the Chair of the Policy and Services
Committee, Council Member Kniss, and Council Member Price, act as a
FINAL ACTION
Page 5 of 5
City Council Meeting
Final Action: August 19, 2013
subcommittee of Policy and Services Committee and continue their outreach
efforts with the County and regional organizations and agencies to expand
options and support for Palo Alto’s Homeless.
AMENDMENT: Council Member Holman moved, seconded by Council
Member Burt to refer this item to the Human Relations Commission and that
their involvement travel in parallel and coordination with the task force.
REVISED AMENDMENT: Council Member Holman moved, seconded by
Council Member Burt to direct Staff or the Policy and Services Committee to
engage the Human Relations Commission in this process of delivering a
recommendation.
REVISED AMENDMENT FAILED: 2-6 Burt, Holman yes
MOTION PASSED: 7-1 Berman absent, Holman no
17. Adoption of Ordinance for a New Chapter 18.15 (Residential Density
Bonus) to Include in Title 18 of the Palo Alto Municipal Code to
Implement Government Code Section 65915.
Agenda Item Number 17 was continued previously on the agenda to the
Regional Housing Mandate Committee.
COUNCIL MEMBER QUESTIONS, COMMENTS AND ANNOUNCEMENTS
Vice Mayor Shepherd spoke regarding the ribbon cutting for the Gunn High
School Gymnasium.
ADJOURNMENT: The meeting was adjourned at 10:38 P.M.
1
ORDINANCE NO. 5209
Ordinance of the Council of the City of Palo Alto Amending
Chapter 9.06 (Public Peace, Morals, and Safety) to add Section 9.06.020
– Use of Community Facilities Prohibited from 10:30pm to Sunrise
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) The City Council hereby updates Title 9 of the Palo Alto Municipal Code to
provide for overnight closure of public libraries, community centers, theaters,
interpretive buildings, the Art Center and Civic Center Plaza is essential to
maintain and promote the public health, safety and welfare, to provide for the
continued effective management of public property, and to provide for the
continued enjoyment and accessibility of public property by all Palo Alto
residents and the public at large; and
(b) The overnight use of public libraries, community centers, theaters, interpretive
buildings, the Art Center and Civic Center Plaza causes the City to incur
increased costs for policing, maintenance, sanitation, garbage removal, animal
control, and other problems which may arise; and
(c) The overnight use of public libraries, community centers, theaters, interpretive
buildings, the Art Center and Civic Center Plaza hinders public access to the
services provided at those facilities; and
(d) Public libraries, community centers, theaters, interpretive buildings, the Art
Center and Civic Center Plaza are not intended for overnight use, during hours
when the grounds are unstaffed and unmonitored, which creates a risk to the
health, safety, and welfare of those persons on the grounds, as well as the
public at large.
SECTION 2. Section 9.61.020 (Use of Community Facilities Prohibited from
10:30pm to Sunrise) of Chapter 9.61 (Regulation of Community Facilities) of Title 9 (Public
Peace, Morals, Safety) of the Palo Alto Municipal Code is hereby added to read as follows:
“9.61.020 Use of Community Facilities Prohibited from 10:30pm to Sunrise
No person shall use, remain in or enter any Community Facilities between 10:30pm
and sunrise, other than a duly authorized city employee or persons participating in
city-sponsored activities or other activities for which the city has provided written
permission to utilize the grounds beyond the closing time, provided however that
2
the additional closure of specific facilities during portions of the day or the year
may be specified by the City Manager or his or her designee.
For the purposes of this chapter, “Community Facilities” means all buildings and
premises of City of Palo Alto Libraries, the Cubberley Community Center, 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, Foothills Park Interpretive Center, and Civic Center Plaza,
(as defined in Municipal Code Section 9.60.020(b)), but not any land dedicated for
park use.”
SECTION 3. This ordinance shall be effective on the thirty-first day after the
date of its adoption. Upon the effective date of this ordinance, the prior version of the
Community Facilities Closure Ordinance (Ordinance No. 5209), adding Section 9.06.020 to the
Palo Alto Municipal Code – Overnight Use of Community Facilities Prohibited, is hereby
repealed and shall be of no further force and effect.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
____________________________
Director of Administrative
Services