HomeMy WebLinkAbout1994-07-18 City Council Summary Minutes Regular Meeting July 18, 1994 1. Interviews for Historic Resources Board ............... 73-240 ORAL COMMUNICATIONS ....................................... 73-241 APPROVAL OF MINUTES OF MAY 23, 1994 ........................ 73-241 2. Contract between the City of Palo Alto and Collishaw Construction, Inc., for Park Improvements at Ventura School ................................................ 73-241 3. Resolution 7339 entitled "Resolution of the Council of the City of Palo Alto Establishing Three Crosswalks Between Intersections on Welch Road ................... 73-241 4. Ordinance 4233 entitled "Ordinance of the Council of the City of Palo Alto Enacting Chapter 9.50 of Title 9 of the Palo Alto Municipal Code Pertaining to the Removal of Graffiti on Public Facilities and Recovery of the Cost Thereof ................................... 73-241 AGENDA CHANGES, ADDITIONS, AND DELETIONS ................... 73-241 5. Conference with City Attorney--Existing Litigation .... 73-242 6. Ordinance Repealing and Reenacting Chapter 9.24 [Minors in Streets and Public Places] of the Palo Alto Municipal Code Relating to Juvenile Curfew Regulations 73-242 8. Request for Authorization to Disperse Peninsula Times-Tribune Archival Records among Local Historical Association Collections (continued from 7/11/94) ...... 73-265 7. Comprehensive Plan Update Process - Response to City Council Request for Information on Status of Budget (continued from 7/11/94) .............................. 73-269 9. Staff Response to Council Concerns re the Former Contract with Landscape West-North, Inc. for Cubberley Landscaping and Maintenance Services (continued from 7/11/94) .............................................. 73-271 10. Council Comments, Questions, and Announcements ........ 73-272
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ADJOURNMENT TO CLOSED SESSION: The meeting adjourned to a Closed Session at 12:10 a.m. to discuss a matter involving existing litigation as described in Agenda Item No. 5 ............................................ 73-272 FINAL ADJOURNMENT: The meeting adjourned at 12:25 a.m. .... 73-273
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The City Council of the City of Palo Alto met in a Special Meeting on this date in the Council Conference Room at 6:00 p.m. PRESENT: Andersen, Huber (arrived at 6:05 p.m.), Kniss, McCown, Rosenbaum, Schneider, Simitian, Wheeler ABSENT: Fazzino ORAL COMMUNICATIONS None. SPECIAL MEETINGS 1. Interviews for Historic Resources Board No action required. ADJOURNMENT: The meeting adjourned at 6:55 p.m.
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The City Council of the City of Palo Alto met on this date in the Council Chambers at 7:05 p.m. PRESENT: Andersen, Huber, Kniss, McCown, Rosenbaum, Schneider, Simitian, Wheeler ABSENT: Fazzino ORAL COMMUNICATIONS Ben Bailey, 343 Byron Street, spoke regarding two suggestions on gun legislation. Edmund Power, 2254 Dartmouth Street, spoke regarding secret government (letter on file in the City Clerk's Office). Andrew Freedman, 1050 Verdosa Drive, spoke regarding animal trapping (letter on file in the City Clerk's Office). Jan Van der Laan, 3090 Ross Road, spoke regarding Comprehensive Plan Advisory Committee (CPAC) Natural Environment Committee. Herb Borock, 2731 Byron Street, spoke regarding Arastradero Creek Erosion Repairs Project. APPROVAL OF MINUTES OF MAY 23, 1994 MOTION: Vice Mayor Simitian moved, seconded by McCown, to approve the Minutes of May 23, 1994, as corrected. MOTION PASSED 7-0-1, Schneider "abstaining," Fazzino absent. CONSENT CALENDAR MOTION: Vice Mayor Simitian moved, seconded by Schneider, to approve Consent Calendar Item Nos. 2-4. 2. Contract between the City of Palo Alto and Collishaw Construction, Inc., for Park Improvements at Ventura School 3. Resolution 7339 entitled "Resolution of the Council of the City of Palo Alto Establishing Three Crosswalks Between Intersections on Welch Road" 4. Ordinance 4233 entitled "Ordinance of the Council of the City of Palo Alto Enacting Chapter 9.50 of Title 9 of the Palo Alto Municipal Code Pertaining to the Removal of Graffiti on Public Facilities and Recovery of the Cost Thereof" (1st Reading 7/5/94, PASSED 8-0, McCown absent) MOTION PASSED 8-0 for Item Nos. 2 and 3, Fazzino absent. MOTION PASSED 7-0-1 for Item No. 4, McCown "abstaining," Fazzino absent. AGENDA CHANGES, ADDITIONS, AND DELETIONS
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City Manager June Fleming announced that Item No. 1, Contract between the City of Palo Alto and VoicePro, Inc. for Purchase and Installation of a Voice Mail System, had been removed by staff. Mayor Kniss announced that the Closed Session would occur after the meeting. CLOSED SESSION 5. Conference with City Attorney--Existing Litigation Subject: L'Ritz, Inc. and Crystal Cafe, Inc. v. City of Palo Alto, et al., SCSC No. CV-741971 Authority: Government Code Section 54956.9(a) Public Comment None. UNFINISHED BUSINESS 6. Ordinance Repealing and Reenacting Chapter 9.24 [Minors in Streets and Public Places] of the Palo Alto Municipal Code Relating to Juvenile Curfew Regulations (continued from 6/27/94) City Manager June Fleming said the staff reports that related to the issue were (CMR:351:94), (CMR:350:94), (CMR:379:94), (CMR:383:94), and revised (CMR:387:94). She said it was difficult to coordinate communications from a number of bodies when it was so close to the time that the item had to return to the Council. After staff met with the Human Relations Commission (HRC) and the Youth Council, there was considerable discussion in-house. She had consulted with Police Chief Durkin and the City Attorney, and the revised recommendation before the Council (CMR:387:94) was the result of what had happened over the weekend and the discussions in-house. In addition, there was a report distributed by the City Attorney that related to the ordinance. Mayor Kniss asked when the ordinance would become effective if approved by the Council that evening. City Attorney Ariel Calonne replied there was a 10-day waiting period for a second reading of the ordinance; so the ordinance would return to the Council on August 8, 1994, and 31 days after that date, it would become effective. Mayor Kniss clarified the ordinance would become effective on approximately September 6 or 7, 1994. Police Chief Chris Durkin said on June 27, 1994, staff recommended to the Council approval of an amendment to the existing curfew ordinance. At Council's direction, staff met with the City/School Liaison Committee, representatives from the Palo Alto
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Council of Parent Teacher Associations (PTAs), and the HRC. The meetings were very useful, and the results and input from the organizations had been documented in the staff report (CMR:383:94). He wanted to revisit the original rationale for requesting the Council to amend the curfew ordinance. Over the past several months, the Police Department had noted a significant increase in violent crime among young people, specifically between members of the A and B Street gangs. Weapons used in the acts of violence included baseball bats and firearms. A serious incident occurred on May 6, 1994, that involved four gang members who battered an innocent Gunn High School student on campus. During that same evening, the Police Department received a report that young people were being chased by other young people in a car and that one person was brandishing a gun. Later that evening, a party for young people turned into a disaster when a young man fired several shots from a handgun into a group of young people. Also, police officers stopped a car in the area of the party and located another handgun. The police's investigation revealed that individuals in the vehicle were traveling to the party to retaliate for the earlier shooting. Eight arrests were subsequently made relative to the incidents. As a result of the escalation of violent acts, the Police Department formed a gang task force consisting of four officers specifically assigned to the problem which was a typical response by police departments in other communities. The gang task force worked closely with Adult Probation, Juvenile Probation, Palo Alto Unified School District (PAUSD), and the District Attorney's Office. Since its formation, the gang task force had made numerous arrests, but the problems associated with gang violence had not been resolved. Both the gang task force and officers from the Field Services Division currently used all the legal remedies available to them. However, based upon the Police Department's experience and the experience of other law enforcement agencies with similar problems, staff believed the curfew ordinance would assist the gang abatement office's efforts. However, staff recognized the importance of having an ordinance that had the potential of aiding law enforcement while not being overly restrictive, would affect only a few young people, and had many exceptions to allow for many youth activities. Since the staff report (CMR:383:94) dated July 15, 1994, was prepared, staff had considered the input received from the City/School Liaison Committee and the HRC and the reasonableness of the original proposal. Therefore, staff requested an amendment to that proposal as described in the staff report (CMR:387:94). Mr. Calonne referred to the sections in the California Street Terrorism Enforcement and Prevention Act (STEP law) and the Penal Code Sections 186.22 and 186.22a. The sections were useful to contrast with the curfew from both the standpoint of how they might be enforced and how they affect people. The STEP law allowed the District Attorney or City Attorney to ask the court to identify members of the gang and then get an order restricting the gang members from doing certain things or being in certain places. The City of San Jose had used that law, and its actions were currently on appeal in the Sixth District Court of Appeal. Staff believed the actions would be upheld in the Sixth District. Penal
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Code Section 186.22a would allow the City to ask the court to declare a building a nuisance also. The law provided a way to deal with gangs specifically. He believed it was far more intrusive than a curfew because rather than identifying conduct that was generally prohibited for the entire community, it required a city to compile dossiers on individual gang members and then get an order directed specifically at their behavior. In addition, it was substantially more expensive to enforce because of the law enforcement time and the time that would be required from his office or the District Attorney's Office. He did not recommend that action at the present time and hoped it would not be needed. It would take Council action to put it into place, and staff had the independent authority to move forward when the circumstances presented themselves to justify it. The Uniform Controlled Substances Act, Health and Safety Code Section 11570, stated that places that were used for the sale of controlled substances could be declared a nuisance and could be shut down. He would analogize it to the Red Light Abatement Law that was used in Palo Alto in the 1970s to take care of a massage parlor. The law was also far more costly and intrusive than a curfew, but both of the sections had the advantage of being more specifically focused on a certain kind of behavior rather than prohibiting being in public during certain hours. The cost and the direct confrontation with specific property owners and people were the downside of the laws. He did not believe Palo Alto was ready for those pieces of law. He had contacted the District Attorney who indicated he was extremely supportive of whatever action the City wanted to take, and he offered to bring in appropriate gang-related kinds of lawsuits, if necessary. After that initial contact, the senior assistant responsible for the gang unit contacted him; and the situation was discussed. He would not recommend using any of those actions based on the facts presently available. Ms. Fleming concurred with the comments of the City Attorney and supported his recommendation that the City was not at a point that it needed to take such intrusive steps. Council Member Wheeler said staff had been responsive to the community's comments since the item had first appeared before Council. Given some of the questions and misunderstandings which had been expressed both in conversations and correspondence from the public with Council Members about the contents of the ordinance and how it would be enforced, she believed an education effort was a crucial element to the enactment of the ordinance. She asked staff what the specific plans were for carrying out the education element if the ordinance were enacted that evening. Chief Durkin said educational efforts would certainly include contacting neighborhood groups, the school district, establishments frequented by youth, and any other group which could help get the word out. The Youth Council would also be helpful in that effort. Officers would initially give warnings rather than simply starting an enforcement action. Council Member Wheeler asked whether there would be any type of
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written information that would explain what the youth could or could not do. Chief Durkin envisioned a user-friendly catalog without bureaucratic language which would be easy to read and to understand. Ms. Fleming added that when staff met with the City/School Liaison Committee, it was very specific about the types of things to be put into place. Staff intended to follow the suggestions and would work with the PTAs and school district in addition to the groups Chief Durkin mentioned. Council Member Schneider asked the City Attorney if the definition of commercial activity included restaurants, coffee shops, theaters, etc. Mr. Calonne said yes. The definition was intended to be broad. If Council wanted, a listing could be added. Vice Mayor Simitian said on page 3 of the staff report (CMR:379:94) it said "It is important to point out that the proposed ordinance would be used judiciously and only in those situations that warranted its enforcement. The intent is not to harass or infringe on the constitutional rights of law-abiding minors...." There was also reference to that same paragraph, "As indicated in CMR:379:94, the proposed ordinance would be used judiciously and only if other enforcement tools could not be lawfully utilized." He asked how enforcement, consistency, and equitability were envisioned. He said the use of the word "judiciously" suggested a certain measure of discretion. He asked if that meant on some occasions citations would not be forthcoming and on other occasions they would be even though youngsters were technically engaged in the prohibited activity of remaining in a public place within the City during curfew hours. He provided an example of an officer coming upon six youths hanging out at an elementary school at 10:30 p.m. and asked how the situation would be dealt with and if it would be dealt with the same way no matter who the youths were. Chief Durkin said officers were not trained to always do something in the way of an enforcement action. Each situation was different. His belief was that officers should consider the circumstances in their totality. If a situation arose in which youngsters were not really doing anything particularly wrong and did not have any serious previous history with the Police Department, he would expect the officer to talk with the youngsters, make them aware of the ordinance, and seek compliance. For example, if some teenagers were parked in a car on Ventura Street who were just talking, an officer would make them aware of the ordinance and ask them to go home. If there were some other history, the officer would contact the parents to find out whether they were home and if they knew where their children were. Vice Mayor Simitian clarified the answer led him to believe that on one occasion, the half-dozen kids might be talked to and sent
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home while on another occasion, they might be cited and given an infraction or a misdemeanor for more or less the same conduct. Chief Durkin said he believed there would be some other conditions in the latter situation such as prior experience or lack of cooperation with the officer. Assistant Police Chief Lynne Johnson said occasionally after an incident had occurred on a high school or middle school campus, there would be some type of retaliatory act by a gang. If the police heard that information and that same night came across six young people at a school campus who were potentially involved, the curfew ordinance would definitely be used. Vice Mayor Simitian clarified that rather than a misdemeanor charge in every instant, it could be an infraction or a misdemeanor. Mr. Calonne said yes. Vice Mayor Simitian questioned under whose discretion was it to prosecute. Mr. Calonne said it was either his office or the District Attorney's Office if the District Attorney chose to prosecute on his request. Vice Mayor Simitian asked what the penalties were for a misdemeanor and what the penalties were for an infraction. Mr. Calonne said a misdemeanor carried a fine of $500 or more and imprisonment up to six months. An infraction would be a much lower fine that was set with the bail schedule in the $50 to $100 range, before court penalty assessments. A key procedural difference was that a misdemeanor carried the right to a jury trial which made it a more costly proceeding and one in which the offender had a great incentive to resist. Vice Mayor Simitian said the court penalty assessments had risen dramatically in the past few years and asked what the scope of the assessments were. Mr. Calonne said assessments were almost 100 percent of the penalty and possibly more in some cases. Vice Mayor Simitian clarified that regardless of whether there was an infraction or a misdemeanor, the expectation was that the violation would be attributable not only to the minor but also to the parent or guardian if the parent or guardian had knowingly permitted or had exercised insufficient control. Mr. Calonne believed they were potentially different offenses. He did not believe that citing a minor would necessarily lead to citing parents. It was the exercise of impartial, dispassionate judgment as to whether the circumstances warranted the more punitive standard.
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Vice Mayor Simitian said there was a recommendation that changed the hours from 10 p.m. and 12 midnight to 11 p.m. and 1 a.m. and questioned staff as to the appropriateness of the change. Chief Durkin had listened to input from the HRC and the City/School Liaison Committee as well as his own observation of young people in Palo Alto being downtown doing perfectly legitimate activities until midnight or 1 a.m. Vice Mayor Simitian asked whether staff had considered the suggestion that vacations and holidays should be treated like weekend nights. Chief Durkin said there would not be an objection to the suggestion. Council Member Simitian referred to a letter which had been received from the American Civil Liberties Union (ACLU) which suggested there were constitutional flaws with the proposed ordinance and asked for reassurance of the constitutionality of the ordinance as amended. Mr. Calonne said the legal standard had been discussed with the HRC. The assumption was that the ordinance was deemed to affect a fundamental right of young people so that it would be governed by the toughest standard of review that the courts applied or what was called "strict scrutiny." It meant the law had to be narrowly tailored to achieve compelling governmental interests. Areas that did not need to be strictly regulated could not be regulated to achieve the purpose of the law. The protection of youth from exposure to crime or from being victimized by crime was the compelling governmental interests for the purposes of the ordinance. The interests were upheld in the Dallas case as being compelling governmental interests. He did not want to minimize how tough the strict scrutiny standard was. The ACLU's letter was in opposition to the City's proposed curfew law; however, it did not express an opinion. The letter pointed out the very difficult standard of strict scrutiny and suggested some problems with it: 1) the curfew law was likely to be ineffective in deterring the types of problems mentioned, and 2) the curfew law was likely to be enforced arbitrarily. In his view, the ordinance would withstand constitutional challenge; however, he did not disagree with the ACLU's concern that it should be reviewed under strict standards by the Council. Council Member McCown said another point made in the ACLU letter was whether the curfew law was tailored to get at the problem that was defined as the purpose of the ordinance. She referred to an ACLU letter attachment of a committee staff report which was to the City of Oakland in February 1994. The City of Oakland had done an extensive analysis and concluded that such an ordinance would not be effective in that city. She asked whether there would be an issue if an analysis were not done before the ordinance was adopted as opposed to determining six months after adopting the ordinance whether it was effectively getting at the
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concerned behavior. Mr. Calonne said it would certainly be an issue. He did not believe it would be determined if there were a challenge to the ordinance. There was a record of increasing juvenile crime and some information in the record about the likelihood that the law would be effective. It would have been better to have had more of a study, but he did not believe it was essential. Council Member McCown said the Oakland analysis pointed out that juvenile crime in that community did not occur during the hours that the curfew ordinance would affect. Juvenile crime occurred during daylight hours. She asked staff if there were any data on juvenile criminal activity for Palo Alto. Chief Durkin said staff had the capability of collecting data regarding the time of arrests as well as the location and age of offenders. The staff report of June 23, 1994, stated for the last year, 64 minors were arrested and another 32 were detained and identified for offenses ranging from attempted murder to being drunk in public between the hours of 11 p.m. and 6 a.m., which compared to a total of 78 for the same period a year before. Council Member McCown clarified the determination of whether a citation was an infraction or a misdemeanor would be made by the City Attorney's Office or the District Attorney's Office when the offense was actually charged, as opposed to any action by the police officers when they cited someone. Mr. Calonne said that was correct. Council Member McCown asked if it were possible for the ordinance to contain a provision that a first-time offense would automatically be charged as an infraction. Mr. Calonne said yes. Council Member McCown said the ACLU letter commented on the issue of enforcing the ordinance even-handedly. She asked if uniformity of enforcement could be used to challenge an arrest or a citation such as in the example provided by Vice Mayor Simitian in which an officer might cite a group of youths parked in a car but not cite a group on school grounds. Mr. Calonne said yes, but he believed a challenge would be unlikely in an infraction or misdemeanor due to the cost. It was extremely rare that selective enforcement challenges were sustained. A facial challenge to the ordinance would be more likely. Council Member McCown said youths in Palo Alto were smart. If she were one and were concerned about the ordinance and had been cited under it, she might say the ordinance was not being applied uniformly. She asked if the police needed to document the manner in which the ordinance was being applied in order to respond to such a challenge.
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Mr. Calonne said if a situation occurred such as a combined charge of a curfew violation and another offense, the curfew charge could be dismissed. It was his understanding that if there were other chargeable offenses, they would be brought as well. He did not believe that fear of being accused of selective enforcement was going to generate a substantial administrative burden on the police. Council Member McCown asked how staff proposed to track the ordinance as it was experienced by the community in order to report back to Council in six months. Ms. Johnson said anytime a minor was contacted for possible violation of the curfew ordinance, the officer would notify Communications through a computer-aided software system which would collect the data. Additionally, the disposition of the contact, the race, the age, and the city of residence would also be tracked. Council Member Huber asked whether the City currently had an ordinance which limited the hours of use for parks and school grounds. Chief Durkin said there was one for parks. Council Member Huber clarified if a group of teenagers were in a park after the park was closed, officers would have the authority to approach and deal with the situation. Chief Durkin said that was correct. Council Member Huber asked if the ordinance were an infraction, what the comparative cost would be to a speeding ticket 10 miles over the speed limit. Mr. Calonne said the City's infraction was $100; however, he did not know what the penalty assessment was. He believed an infraction would be less expensive than most traffic tickets. Council Member Huber said the proposed effective date for this ordinance, if it were enacted, would miss the summer months. He asked how staff's ability to report back to Council with the effectiveness of a curfew for summer hours would be impacted. Chief Durkin said even though school started in early September, nights were still warm and days were fairly long. Increased activity occurred in late August and September as well. There would still be data to analyze. Council Member Huber questioned the type of standard to be used in determining whether the curfew was effective. He asked what staff would bring to Council that would enable Council to make a decision on effectiveness. Chief Durkin said it would include the type of action taken, what
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actions were deemed inappropriate, and which actions resulted in positive change in problem areas. Ms. Fleming said staff would look at what types of complaints were received and from whom. Staff would work with the HRC and the Youth Council to develop evaluation tools. Council Member Huber asked if there were other City ordinances to deal with what was an acknowledged problem and what impact, if any, a curfew would have on that particular situation. Mr. Calonne said the City did not have any other specifically tailored tools in the Palo Alto Municipal Code (PAMC). The state laws authorized local ordinances, which meant the laws did not preempt the City. Some cities enacted their own nuisance abatement standards. There were other indirect options such as dealing through law enforcement to get at the social causes. For example, in a number of other cities where nonresident landlords through irresponsible leasing practices had allowed buildings to become the source of neighborhood problems, actions had been brought against the landlord to compel responsible management of the premises. Council Member Huber asked what the effectiveness of the Addison Street situation would be on a curfew. Ms. Johnson said staff perceived the curfew ordinance would allow staff to take enforcement actions in certain situations. For example, the police had received a call reporting a situation, but by the time police arrived, the noise had died down because the youngsters had police scanners and knew when the police officers were coming. Through the curfew ordinance, the police could take some enforcement action. Council Member Huber asked if Council should be considering ordinances such as nuisance abatement or other means of getting to situations such as the Addison address. Mr. Calonne said the overriding concern was to have a tool to get juveniles away from adult criminals. The public had expressed a concern that the ordinance would not do anything about adult crime. He believed the ordinance gave the means to use law enforcement personnel to separate juveniles from criminals. He would not recommend any other measures at that time; however, recommendations could be included in the six-month report. Council Member Andersen clarified that the proposed ordinance would not impact a group of young people having a private party in a home. Mr. Calonne said that was correct. Council Member Andersen asked whether the ordinance would impact a group of uninvited young people who decided to crash that party and began to create disturbances.
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Mr. Calonne said if the residents complained, the police would always respond whether there was a party or not. The ordinance said two factors were needed to convert a private home into a public place: 1) it had to be left open to the public and 2) there had to be an absence of adult supervision. Mayor Kniss said one of the actions being considered that night was to repeal the existing ordinance and questioned if it had ever been used. Ms. Johnson said yes. Many years before, the ordinance had been used and arrests were made. In recent years, officers had used it on very rare occasions as probable cause to retain minors. Council Member Andersen said a Palo Alto police officer who went to the schools to speak with 9th graders reminded students of the existing ordinance. He believed young people were aware of a curfew ordinance, albeit that it was not used very often. Mayor Kniss said other cities had enacted curfew ordinances, and she asked where the City of Palo Alto was on the continuum with other cities. Chief Durkin said the cities of San Jose and Oakland had enacted ordinances, and Hayward was considering one as a result of the occurrence of violent behavior. The police viewed it as an extra tool to address the violence. He believed other cities were seriously considering adopting a curfew ordinance. Mayor Kniss asked if Palo Alto were ahead of the wave or at some other point on the continuum. Ms. Johnson said some of the other cities across the country who had recently enacted similar ordinances had experienced more severe gang activity than Palo Alto had. Those cities wished a curfew ordinance had been enacted earlier. More and more cities across the country were enacting similar ordinances. Mr. Calonne said The STEP law was initiated out of Los Angeles County. South and East Los Angeles County had a block of cities which had severe gang problems and were using these kinds of laws. Mayor Kniss asked how the curfew ordinance might have altered what had happened during the La Cumbre incidents last September. Ms. Johnson said in most of the cases, adults were involved. There had been congregations of minors across the street at the Taco Bell who could have been in violation of the ordinance. They were not there just to eat, and in some cases they formulated gang activities. Ivo Adam, 841 Thornwood Place, recalled an incident when he visited a liberal communist country in 1971. There were a half-dozen young people in a square talking, not making too much noise, who were subsequently arrested by the police. Fascist Italy had a law which said if you were male and over 15, not more than 3 males
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could assemble in any place other than a church. Adolph Hitler strongly believed the Jewish bankers were ruining Germany, so he penalized all Jews. The first restriction was a curfew. The rest was history. Cynthia Seldon, 3206 Louis Road, a 16-year-old, spoke in opposition to the proposed curfew. She did not believe the curfew would help. She agreed that gang behavior was unacceptable. The proposed curfew allowed youths to be on neighbors', their friends', or their own property or sidewalk if allowed by the owners. She said the headquarters of the A Street gang was on private property and condoned by the owner. In addition, all the described activities such as drinking by minors, possession of firearms and/or drugs, and assault and battery were already illegal. If the police could not arrest under those circumstances, a curfew would not help. She agreed with the Youth Council that those convicted of gang violence should be subject to a curfew. Don Price, 960 Addison Avenue, said he lived two doors away from the previously described situation at 968 Addison, an unimaginable situation for the City of Palo Alto. For the past two years, large numbers of youths gathered in front of the house, drinking took place, and a constant flow of automobiles went by until midnight. The incidents took place at different times throughout the year. He believed a gang at that property was involved in drug trafficking. Police action took place as recently as the past Friday evening. He commended the Police Department for its rapid response to the incidents. Community meetings were organized by the Police Department; however, attempts to solve the problems had been unsuccessful. He said 25 households on Addison were actively collaborating to solve the problems. He believed the proposed curfew was one step. The residents of Addison would not be satisfied until the situation was solved. Council Member Rosenbaum said staff was considering changing the hours of the curfew from those proposed in June from 10 p.m. and 12 midnight to 11 p.m. and 1 a.m., and he asked how that might affect the ability of the ordinance to aid the situation on Addison. Mr. Price said the police would use discretion as they had in other cities. There was a drug problem on that particular street, and serious action needed to be taken before it escalated further. Council Member McCown asked whether discussion had taken place among the residents of Addison regarding direct legal actions which could be taken by the residents themselves such as a civil nuisance lawsuit. Mr. Price said yes; every possible alternative was being considered. The residents would like to see the City take any civil actions if the police were unable to solve the problems. Leora Hanser, Youth Council Member, said the Youth Council
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envisioned, as an alternative to the curfew ordinance, a six-month program and a one-year pilot with various elements. A counseling element included talking to former gang members and support groups as well as family counseling, mentoring, and tutoring programs. She believed a curfew should be targeted at the people needing it such as anyone who had been convicted of gang-related activity. The proposed ordinance was aimed at 80 percent of the population who would be paying for what 20 percent of the population was doing. She suggested anyone who violated the curfew could be given extended community service hours and added graduation requirements. The Youth Council believed these to be better options and was opposed to the curfew. Other options should be pursued first, and further community input should be sought. As a last resort, the Youth Council was in favor of the ordinance being processed for three to six months. Since the Youth Council's inception in 1979, the Youth Council had been seeking a place for teenagers to go to after dark and was willing to work with other community organizations. She asked Council to take that under consideration when deciding whether or not the ordinance would pass. She thanked Council for the communications which were taking place between Council and the Youth Council and asked Council to continue to bring issues to the Youth Council. Council Member Andersen said community service had been suggested as an option to a fine and asked whether that could be built into the ordinance. Mr. Calonne said typically things other than fines or imprisonment were proposed as conditions of probation. Ms. Johnson said the Juvenile Diversion Program, designed for first-time offenders of minor crimes, had a program of community service as well as counseling with parents. Council Member Andersen asked if there had been an infraction and a fine was paid, whether community service also could be an option built into the ordinance. Mr. Calonne said he believed so. The City could have its own standards for whether or not an infraction could be dismissed in the interest of justice and essentially bargain it. The details would need to be worked out. Ms. Hanser said the Youth Council had instituted a program called the Paint-a-Wall-a-Thon to paint out graffiti. She suggested programs like that could be assigned to offenders to pay back for what they had done. Council Member Andersen asked whether the Youth Council would be willing to work with the youths in a cooperative way with the type of program just described. Ms. Hanser said yes. Janet Stone, Chairperson, HRC, 2225 Ramona Street, said the HRC was opposed to the implementation of a curfew before other
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proactive, preventive, and targeted interventions had been tried. The HRC supported the Youth Council's idea of developing a specific, targeted intervention aimed at those who were causing a problem. She asked Council to delay imposing a curfew until the results of such a program were known. The HRC discussed the proposed modifications and rejected the idea of accepting even a modified curfew simultaneously with trying to implement an intervention program. Once a curfew was imposed, it would be difficult to rescind. The negative impacts of the curfew would not be clear in a short amount of time. She believed there was not a strong, compelling mandate from any of the three bodies to immediately implement a curfew. The feedback had been of concern, of caution, and of trying something more creative. She believed staff had not explained adequately why it was not willing to implement an intervention program first. The HRC had strong concerns regarding the selective use of the curfew and selective use of the level of violation. She did not believe the youth would understand what type of violations were being committed and whether it resulted in a criminal record. The HRC had a concern for the potential criminalization of youth. The attempt of a modified curfew in order not to harass 98 percent of the youth in Palo Alto, diluted the effectiveness of it. She did not believe a mild version would be a deterrent against the streetwise kids causing the problems. The HRC asked the Council to form a task force or committee to look into an intervention program, implement it, and obtain results before imposing a curfew. Bob Moss, 4010 Orme Street, believed the proposed ordinance, as modified, was a good idea and urged Council to enact it. Whether all crime would be stopped in the City or whether juvenile crime would be deterred was doubtful. However, the curfew would give police another tool. He did not believe the police would act like a gestapo. He believed they were quite capable of separating serious incidents from less serious ones. The curfew would enable police to make contacts with those youth who were not adequately supervised at home. Parents would be made aware of what children were doing. After attending late meetings, he had observed large groups of teenagers in front of the Taco Bell at 1:30 or 2 a.m. He questioned why a teenager would be out at that time on a school night. He believed the situation provided police an opportunity to at least counsel the youth. He spoke on behalf of John Benser who had complained about kids running down Cypress Lane at 1, 2, or 3 a.m., climbing over fences, and putting up graffiti. He cited another incident of graffiti appearing between the hours of 11 p.m. and 6 a.m. on El Camino. He believed much of the graffiti in the City was put up in the wee hours of the morning. He believed Council Member Andersen's idea of community service was a good one. He suggested the Youth Council could set up a type of formal court where curfew violators could plead their case before a jury of their peers who would then impose some type of community service. He pointed out that minors' criminal records were purged when they became adults. He said serious efforts had been made to work with at-risk youth by neighborhood associations and the Boy Scouts. The curfew ordinance should be looked upon as only one element in a broad spectrum of approaches which were needed to solve the City's juvenile problems. He supported the idea of a
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youth facility and urged the Council to enact the curfew ordinance. Will Beckett, 4189 Baker Street, said he grew up in Palo Alto with a curfew in effect. When it was enforced, he never felt constrained and had enjoyed many events without fear. He had children and had witnessed an increased level of suspicious activity in his neighborhood. He recalled an incident when 10 youths between the ages of 10 and 18 had been going through the neighborhood looking inside cars after 11 p.m. Police did not respond to his call because the youths were not doing anything wrong. As a result of his concern for the future of Palo Alto, if those types of activities were allowed to continue, he had begun to look for activities which might improve the situation. Barron Park Association began monthly meetings with the Police Department to try to find a positive approach to the problem. Other private and public groups continued to offer support. He urged support of the Police Department in its effort to add the tools needed to help stop gang activity. He also urged the continued effort to find youth activities and events which were safe. Brandt Wenegrat, 1101 Fife Street, said the A Street gang was a frightening and disturbing phenomenon for those who lived in the vicinity of the 900 block of Addison Avenue. Many residents had undertaken considerable sacrifices to live in a community in which they believed would be safe for them and their families. He and other residents of that neighborhood did not feel safe. He urged Council to support the curfew as the first of many steps he believed were needed to remedy the serious situation which existed in that community. Vice Mayor Simitian questioned how many minors were estimated to be members of the A Street and B Street gangs. Ms. Johnson said the numbers fluctuated, but the core group of each was between 15 and 20 members. Ellen Christensen, 4217 Los Palos Avenue, spoke in opposition to the proposed ordinance. She praised the efforts of the police who had worked diligently in various communities and in the schools conducting excellent programs, interactions, and interventions with families. She believed the curfew ordinance made law-abiding youths into criminals, as opposed to separating youths from adults. She understood the Addison neighborhood situation was difficult to target and resolve constructively, but she did not believe that was sufficient reason to make 99 percent of the youth in Palo Alto lawbreakers. She believed the curfew would have little or no effect on the behavior of the youth who were the target of the curfew. A trip to Juvenile Hall would not have an impact because youths were cited and released even for serious offenses due to the overcrowded conditions. She believed the only thing a troubled youngster learned in Juvenile Hall was how to be a better troublemaker. She doubted anyone really wanted youths whose only crime was being out later than the City of Palo Alto thought was good for them and being put in a situation where they faced up to six months in prison or a $500 fine. She had two
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children who had often been out after 11 p.m. at Taco Bell or in a park talking with friends. She did not believe it was or should be a crime to do so. She believed the curfew law would be ineffective and applied in a discriminatory manner. Joseph Lacy, 938 Addison Avenue, said he believed there was a nationwide problem with youth violence and gang activity. Palo Alto was on the fringe of cities which had major problems in those areas. He did not doubt that the problem clearly existed in Palo Alto and would worsen if nothing were done. He believed the curfew ordinance was a good first step as it had been in other cities across the nation. He knew of older teenagers who were terrified of the gang activity in Palo Alto. He knew of young teenagers who were attracted by the gang activity. He believed times had changed and society was different which made the curfew necessary. He urged Council to support the curfew. Monica Kim, Law Clerk, American Civil Liberties Union (ACLU), 512 Van Ness Avenue #204, San Francisco, said the proposed ordinance was masked to protect minors. However, the ordinance really punished them for the mere status of being a minor rather than for any wrongful conduct. Whether an infraction or a misdemeanor was imposed, a criminal record would result. She believed many minors in Palo Alto were college-bound, and a criminal record would leave a stigma. The constitutional rights of minors as well as the fundamental rights of parents were infringed upon under the curfew. Passage of the ordinance would tell parents the state had superior knowledge of how to raise children. The curfew ordinance was modeled after the Dallas ordinance. California courts would not be bound by the Dallas ordinance or the Fifth Circuit case. She was aware of only one case which had been litigated after the Dallas case. The case was in Florida, and the preliminary injunction said the juvenile curfew law would be unconstitutional. She believed the curfew law would be ineffective. Gang members would not be intimidated by such a law and might increase such activity in the daytime. The curfew law could encourage law-abiding youth to obtain false identifications. On behalf of the ACLU, she opposed enacting the curfew ordinance. Odile Disch Bhadkamkar, 369 Matadero Avenue, said she believed America was in denial about crime. She said the innocent bystanders who were victims of crime were discriminated against by a system which was meant to protect them but did not work. The City of Palo Alto spent $18 million a year on the Police Department budget, 25 percent of the General Fund allocation. She said Council had not proposed increasing that budget to allay some of the problems occurring in Palo Alto. Even with such a budget, widespread drug activity on Addison Avenue and the problems in the Ventura neighborhood continued. The Police Department lacked the legislative tools needed to reach the next level of enforcement. She referred to a recent New York Times/CBS poll conducted on 1,000 American teenagers. Of those surveyed, 40 percent knew of someone who had been shot in the last 5 years. An average of 27 percent said organized gangs in their schools were a problem. Thirteen percent said at least half of the students in their schools carried weapons. She feared for the life of her child
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when he became a teenager in Palo Alto. She believed the issue of selective enforcement "smacked" of an ethnic, socioeconomic problem; if one lived in the right neighborhood, an affluent area, one would not be affected. However, the situation on Addison Avenue was a wake-up call and proved it did not matter where one lived. Anyone could become a victim. She encouraged Council to look at creative legislation to curb the problems. She said statistics from a survey conducted in a Palo Alto high school had similar results as the national poll. She urged Council to seriously consider the curfew ordinance. Steve Jarvis, 978 Addison Avenue, said the residents of Addison were not only concerned for their street but also believed the problem was mobile. A drug house on University which had been closed down years before remained empty. A house in South Palo Alto was subjected to a nuisance abatement proceeding. The Chronicle reported in a Department of Justice survey that between 1987 and 1992, juvenile crime increased 23 percent. Youths aged 12 to 17 were 5 times more likely to be crime victims than adults over 35. Twenty-seven percent of the crimes were aggravated assaults. He referred to a videotaped interview with Texas Governor Richardson who was responding to issues related to curfews. She said one-third of the cities in Texas had enacted curfew laws. Half of the remaining two-thirds were considering one. She reported a substantial reduction in crime after the enactment of a curfew law. He had a concern with the changed times in the modified ordinance and suggested the need for two levels: one for residential areas and one for commercial areas. What would be acceptable on University or California Avenues was different from what would be acceptable outside his or others' homes. He attended the HRC meeting and heard the recommendations of the Youth Council. He applauded the efforts and did not believe they were mutually exclusive of the curfew ordinance. He believed the curfew was the first step of many steps which were necessary to impact the problems. He believed a curfew would help keep junior high school "wanna-be" gang members out of gangs. He urged Council to adopt the ordinance as a message to young lawbreakers that Council took the situation seriously. Annette Isaacson, 2550 Webster Street, said she was opposed to the curfew although she sympathized with the residents of Addison Avenue. She was the parent of a junior high school student. He and ten of his friends would sneak out of the house at night to socialize. She believed the behavior was innocent. She had appreciated the police's bring him home at 1 a.m. but would not have appreciated his being given an infraction that would have cost $100. It was criminalizing innocent behavior. She agreed with the ACLU that the curfew ordinance would not get at the problems of Addison Avenue. Other measures were necessary and she recommended contacting Carmen Brown of Fighting Back in Vallejo. She was doing creative work with gangs. She supported the police effort of bringing together the groups from Addison Avenue and Ventura Street to address the particular problems of those groups. She did not want the majority of youth in Palo Alto made into criminals for what was to teenagers the norm, socializing with their friends 24 hours a day.
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Mayor Kniss clarified that officers were always free to issue a warning rather than a citation. Chief Durkin said that was absolutely correct. His experience under the existing ordinance had been to issue warnings, to take kids home, and to talk to parents. RECESS: 9:29 P.M. - 9:43 P.M. Les Earnest, 12769 Dianne Drive, Los Altos Hills, said he would like Council to consider the question of what proportion of the crime attributable to gangs involved people under 18 years of age, what portion of that happened after 11 p.m. weeknights or 1 a.m. weekends, and what portion of that happened in public places as opposed to private residences. The proposed ordinance addressed a tiny part of the problem and created an illusion of doing something when in fact it was ineffective. He believed there was a larger portion of crimes which occurred after 11 p.m. weekdays and 1 a.m. weekends that were carried out by people 18 or older. Applying the curfew to all residents made more sense in attacking the problem. He hoped that Council would reach the conclusion that it was not a sensible thing to do and would apply the same standards to the youth ordinance. John Minnis, 1127 Middlefield Road, said in the past 72 hours, he had spoken to 18 members of the African-American community of Palo Alto who were in opposition to the ordinance and selective enforcement in particular. He believed race to be a critical issue in the City and society in general. Council needed to consider the proposals made by him, the Youth Council, and members of the community before imposing the curfew. He predicted after six months a report would result in a disproportionate number of minorities cited for infractions and misdemeanors. He believed other measures needed to be considered first. Jacob Bricca, 2328 Santa Catalina, former Palo Alto student, had heard about the ordinance while listening to KZSU Radio that evening and said he had an incomplete understanding of the ordinance. He said the United States had the highest incarceration rate in the world and asked how the City defined the term "shady youth." Eden Solomon, 969 Addison Avenue, referred to the previous speaker's reference to people of the street and said they had always been known as a mob rather than a group and acted as brut beasts would act in a panic. Mark Twain said of a mob that there were no men in it; occasionally, the leader was half a man. She believed it applied to gangs as well. Comments made that evening by mothers who were not concerned that their children were out at 1 a.m. baffled her in an age when children were disappearing from the streets and never heard from again. She was disappointed in the ACLU's lack of legal arguments for the curfew ordinance being unconstitutional and questioned why a traditional curfew law would be considered as such. In response to comments made by Mr. Minnis regarding racism, she believed and had faith in the police that
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whosoever broke the law and committed crimes would be arrested and sent to jail. If it were disproportionately one race or another, one could wonder why. However, it was not an excuse for breaking the law. A charge of racism such as what was being done on her street was made by the people at the house in question who were accused of drug dealing. She believed the whole issue of racism was a "red herring." Victor Ojakian, 526 Addison Avenue, supported the remarks made by Janet Stone earlier that evening. He was opposed to a youth curfew. He believed the Council should be opposed to generalized laws dealing with specific problems. Perhaps there were 50 youths, some over the age of 18, who caused a problem; and there were 7,500 children living in Palo Alto. He cautioned against passing laws that would be difficult to enforce. He respected the Police Department and, as a Planning Commissioner, supported its recommendations on La Cumbre and The Edge nightclubs. However, there were inherent difficulties in determining who was 17 and who was 18 and what activities were commercial or not. He believed Council should not pass a law because it fit constitutionally when it did not fit culturally. Palo Alto was not Dallas or San Jose; the youth performed well in the community. He believed proactive actions should be taken before reactive actions were taken. Many of the suggestions earlier that evening should be considered before imposing the curfew ordinance. Something along the lines of nuisance abatement in particular areas seemed more appropriate because most of the problems were location oriented. Typically, residents initiated those types of actions rather than a generalized method of handling things. Robert Morgan, 1150 Byron Street, believed the curfew was somewhat confrontational. He related the conduct of youths on the street to their conduct in the classroom. If they were doing well in school, they were probably conducting themselves fine on the street. However, if they were not doing well in school, they belonged home studying rather than on the street. He suggested the City take an attitude in local parentis and help youngsters get into a better situation instead of trying to control them. He suggested volunteers would be willing to work on tutoring programs to improve school work. The solution to the problem was working together. Edie Miller, 1505 Byron Street, said whether the curfew law passed or not, the problems on Addison Avenue would not be solved. The laws which were being broken and the types of crimes being committed did not all fall within the prohibited hours. The larger problem was the lack of activities for the more than 3,600 high school students under the age of 18 in Palo Alto. She was disturbed that more action had not taken place in that area. There were empty facilities around town and private developers who could be challenged to meet the need. There were two very different issues: solving the problems of crime and providing constructive alternatives for students. She viewed these as separate issues from a curfew. Vice Mayor Simitian asked what role the City could play, if any,
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in a nuisance abatement action. Mr. Calonne said if Council were interested in additional authority, Council could ask staff to prepare an ordinance that would create that authority. When and if there was a provable nuisance case in the Addison and/or Ventura areas, he would take legal action. Further legislation was as far as the City Council could go in facilitating a nuisance action. Additional direction to the police for more resources might help. Vice Mayor Simitian clarified that the necessary legislation for public nuisance was already on the books and the question was whether there was a sufficient case for public nuisance. Mr. Calonne said that was correct. Vice Mayor Simitian questioned if there was anything Council could do in terms of private nuisance action that it was not doing that would help an interested party in making the case. Mr. Calonne say perhaps a statutory standard could be established that would be useful in a private nuisance action. Council Member McCown clarified the City had the public nuisance authority already; and in reference to the Addison Avenue property, it was a matter of whether enough evidence had been gathered. Mr. Calonne said yes. Council Member McCown asked whether Council needed to give specific direction to the City Attorney and/or the Police Department if Council wanted to pursue a public nuisance action. Mr. Calonne said he was not in a position to do anything without police support, and he would need to confer with the City Manager. Council Member McCown asked whether Council direction was needed. Ms. Fleming said no. Council Member Wheeler said the Police Department had been commended for the actions that had been taken thus far in terms of intervention activities in some of the neighborhoods. She questioned if the curfew were in place, which the activities would be abandoned. Ms. Fleming said no. Council Member Wheeler questioned putting the ordinance in place first without trying the proactive approaches. Chief Durkin said some of the proactive approaches would take more time to put in place. Some were fairly complicated requiring cooperation of the Probation Department and/or District Attorney.
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Ms. Fleming believed both needed to be done. She was impressed by the information, willingness, and cooperation of the Youth Council. There were those youths in the community who would respond positively to the programs. However, based upon reports she had received, there were instances which necessitated having the ordinance in place. Council Member Huber queried how a charge of selective enforcement would be avoided constitutionally. Chief Durkin believed the implementation policy, statistical information, testimony from officers, reports, and other data could be used. Mr. Calonne believed it was not practical to design policy around trying to avoid a charge of selective enforcement because he believed it was practically impossible to avoid such a charge. Mayor Kniss asked for clarification on the number of votes required to pass an ordinance. Mr. Calonne said five votes. Vice Mayor Simitian clarified specific direction from Council was not necessary to assist in a private nuisance action. Ms. Fleming said yes. Vice Mayor Simitian asked if Council were to have interest in either assisting with a private nuisance or pursuing a public nuisance, whether staff would prefer that Council not give that direction in order for staff to have the flexibility to pursue action in a time and manner staff thought appropriate. Mr. Calonne believed it inadvisable for Council to give such direction to bring either criminal or nuisance actions. He suggested Council could focus its attention on two fronts: 1) direction to staff to look at additional local nuisance legislation and 2) possible funding authorization. MOTION: Vice Mayor Simitian moved, seconded by McCown, to: 1) adopt the Human Relations Commission (HRC) recommended action that other alternatives be explored before the proposed curfew ordinance or other legal restrictions are approved and that the Youth Council's pilot program be considered; 2) direct the City Attorney, in consultation with the department staff, to draft nuisance legislation that might be useful to address issues raised with respect to implementation of a curfew; 3) direct staff to report back on incremental funding responding to stepped up enforcement related to the nuisance issues raised, specifically with respect to the Addison and Ventura neighbors; and 4) direct staff to report back in six months on the effects of the use of other alternatives. Vice Mayor Simitian said he had struggled with the balance of individual rights and community rights. He believed there was no
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right or wrong but rather a continuum between the two. If he were to believe the imposition on individual rights was modest and the community rights were great, he would support the proposed measure. He did not reach that conclusion. His perspective came out of growing up in the community when the curfew was enforced and having existed under it. He agreed that times were different. He was moved by the speakers who said the answers were in providing positive steps and other alternatives for students. Finding alternatives for youth had been going on since 1969 when he and former Senior Class President Gary Fazzino proposed the Cultural Center be used as a teen center. The procultural folks won. The result was the City had a wonderful Cultural Center, but to date there was still no teen center. Further, he did not believe the curfew would solve the problem. He agreed it would be a useful additional tool for the Police Department. The underlying causes and symptoms would not be solved by a curfew ordinance. He believed there were other tools which should be looked at to assure there would be more effective and more readily available methods. He expressed concern for the issue of constitutionality; he believed the standard of strict scrutiny was very difficult to meet. Behavior which was not fundamentally or inherently antisocial, harmful, or destructive was being criminalized. The ordinance might be aimed at the 30 to 50 youngsters who were behaving in a harmful, destructive, or antisocial manner. However, there were 3,000 teenagers and 4,000 to 5,000 parents all of whom would be liable for criminal sanctions or infractions. He did not believe the serious, localized problems which had been previously described would be remedied by a "one-size-fits-all" ordinance. Council Member McCown agreed with Vice Mayor Simitian's comments. She understood the HRC recommendation asked for other alternatives to be explored before a curfew ordinance was adopted. If other alternatives were pursued and problems continued, the door remained open for a report back from staff substantiating the need for the curfew ordinance. She did not rule out the possibility that, as a last resort, the curfew would be necessary. Vice Mayor Simitian formally requested a report back from staff in six months. Council Member McCown had similar concerns regarding selective enforcement and the legal scrutiny of constitutionality. She had enormous confidence in the Police Department to exercise the right judgment in using the curfew as an appropriate tool. However, she believed it sent the wrong message to have a law on the books and announce there would be some judgment exercised on how it was used. It was a difficult way to approach the problems being experienced by those neighborhoods with gang activity. SUBSTITUTE MOTION: Council Member Andersen moved, seconded by Rosenbaum, to: 1) adopt the accompanying ordinance repealing and reenacting Chapter 9.24 of the Palo Alto Municipal Code dealing with juvenile curfew violations, as amended to provide that: a) weeknight and weekend curfew hours would be extended to 11 p.m.
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and 1 a.m., respectively, and b) the penalty would be reduced from a misdemeanor in all cases to an infraction or misdemeanor, in the prosecutor's discretion, depending upon the circumstances of the offense and the interests of justice; 2) direct staff to return to Council in six months with a report detailing how the ordinance had been enforced; and 3) direct staff to work with the Youth Council, the Human Relations Commission, the City/School Liaison Committee, the Palo Alto Council of Parent Teacher Associations, and other appropriate community groups in the development of a pilot proactive, positive program to address youth violence and gang activity, and report on that effort when the report returned to Council on the enforcement of the curfew. Ordinance 1st Reading entitled "Ordinance of the Council of the City of Palo Alto Repealing and Reenacting Chapter 9.24 [Minors in Streets and Public Places] of the Palo Alto Municipal Code Relating to Juvenile Curfew Regulations" Council Member Andersen recognized it was the first time the Police Department had asked Council to help strengthen the Police Department's position with specific concerns through an ordinance. He believed the question was not whether the City would have a curfew but rather whether the curfew would include the described exceptions, would recognize the constitutional issues, and would actually be used. If the existing curfew were actually used, any young person for any circumstance could be charged for practically any activity. He agreed all problems would not be solved and believed that all the issues were not mutually exclusive. He supported the HRC and Youth Council recommendations but did not believe doing all the suggestions of the original motion would allow the Police Department to proceed with the necessary tools. Gang-related activity in the community had been recognized as a problem, and he believed the police would use the curfew ordinance in a judicious manner, and it would serve as a protection for youth. He believed community service should be a preferred restitution. Staff should explore with the City/School Liaison Committee and Youth Council the possibility of creating a juvenile court system, operated by juveniles, as an option for juvenile offenders. If the curfew ordinance were passed, he strongly believed that the youth needed to be clearly educated about the burdens as well as the rights under such an ordinance. Council Member Rosenbaum supported the staff recommendation. He did not believe aforementioned serious consequences would result from the curfew; conversely, his concern was it would not be as useful in resolving the problems as anticipated. Council Member Schneider supported the staff recommendation. She said the revised ordinance was neither meant to be a punitive instrument to be used against good kids in Palo Alto nor was it meant to criminalize their behavior. She referred to the Chronicle article and statistics cited by a previous speaker. The proposed ordinance was designed to protect the youth, not punish them. If there were a youthful criminal element in the community, Council had the obligation to prevent children and citizens from being
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harmed by those activities. The police needed a tool to judiciously handle the situation when other enforcement tools were unavailable. The HRC, Youth Council, City/School Liaison Committee, and other community groups' input was vital to the development of a proactive program. In the meantime, something was needed to curtail gang and other illegal activity before a tragedy occurred. Council Member Wheeler said she had not supported the ordinance when it was originally brought before Council because she strongly believed the community needed an opportunity to digest the issues. She also had concerns of her own and needed time to think of possible alternatives. She believed the revised ordinance was reflective of the community values which had become a part of the discussion. She was the mother of three children who had been raised in Palo Alto, two of whom had fallen victim to the old curfew law. Because of those experiences, she believed to be true the police comments and assurances that the revised law would be enforced in the same humane and judicious way. She believed the good kids would continue to be able to do what good kids had always done. A great deal of misunderstanding still existed concerning what the permissible range of activities were. The permissible range was quite large and included the same activities teenagers had participated in for years; therefore, the educational component was essential. The issue was clearly one which would not reach consensus. She believed Council needed to take that step and go forward to develop the proactive programs which the HRC and Youth Council proposed. She concurred with Council Member Andersen's idea of a youth court. She had an opportunity to view on cable television a youth court of another state and believed it was an effective tool. Council had spent a great deal of time discussing present day families and the problems they faced. Long ago, the entire village took responsibility for raising children. Today's parents had fewer hours to spend with their children, and once again more responsibility was being placed on the entire village to raise its children. A responsible curfew law which spoke of the protection of its children was in order. Mayor Kniss said the problem was a tough one which would require a tough decision. She was puzzled by the fact parents did not require a curfew of their own as she had done while raising her children. One percent of the population had received a great deal of attention. The community, the Police Department, and staff had spent a large amount of time working on the curfew ordinance, and the decision would not be a casual one. She was in support of the substitute motion and believed the Addison and Ventura neighborhoods needed relief. A law was needed to protect those who were unprotected, and she believed the police would be judicious. Council Member Huber said he was in support of Vice Mayor Simitian's motion. He was not convinced the ordinance would be effective for the Addison and Ventura areas which had clearly stated difficult problems. He questioned the constitutionality of the ordinance as well and believed it was really 99 to 1 in terms
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of the percentage of good kids to the troublemakers. Going after the root problem with whatever new ordinances and funding were needed to deal with the problem was preferable to penalizing most of the teenagers who were good, young citizens. However, it did not appear that motion would pass. Therefore, he suggested a sunset clause which ended the ordinance within one year of its effective date. He suggested the first citation should be an infraction instead of one that could be charged either way. Council Member Andersen said if the seconder agreed and the period of time before the curfew ordinance sunsetted included the summer, he would accept the additions. MAKER AND SECONDER AGREED TO INCORPORATE INTO THE SUBSTITUTE MOTION that the ordinance be amended to include a sunset clause to end on October 31, 1995, that the first citation be an infraction, and direct staff to report back in six months on the effects of the use of other alternatives and that the report include the statistical data referenced by Council Member Schneider at the Council meeting. Mr. Calonne asked that the substitute motion give staff authority to incorporate the statistics that Council Member Schneider and members of the public had recited that evening. The statistics would be helpful in explaining the basis for the ordinance. Council Member Andersen felt the pursuit of nuisance legislation should be a separate motion. Vice Mayor Simitian offered an amendment to the substitute motion to include parts two and three of his original motion regarding additional nuisance legislation and funding for more specific targeted enforcement. MAKER AND SECONDER AGREED TO INCORPORATE INTO THE SUBSTITUTE MOTION to direct the City Attorney, in consultation with the department staff, to draft nuisance legislation that might be useful to address issues raised with respect to implementation of a curfew; and direct staff to report back on incremental funding responding to stepped up enforcement related to the nuisance issues raised, specifically with respect to the Addison and Ventura neighbors. SUBSTITUTE MOTION PASSED 6-2, McCown, Simitian "no," Fazzino absent. MOTION: Council Member Wheeler moved, seconded by Schneider, to move Item No. 8 forward to precede Item No. 7. MOTION PASSED 8-0, Fazzino absent. 8. Request for Authorization to Disperse Peninsula Times-Tribune Archival Records among Local Historical Association Collec-tions (continued from 7/11/94) Nita Spangler, 970 Edgewood Road, Redwood City, said her focus that evening was the historic preservation of the newspaper
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library files, or morgue, of the late Redwood City Tribune where she had worked 50 years before. The Tribune had been owned by Peninsula Newspaper, Inc., of Palo Alto, which also published the late Palo Alto Times. She offered her assistance to provide an economical and amicable resolution to the problem of too many files in the City's library conference room. Her offer included moving all of the files out of the conference room; however, she was only interested in the San Mateo County items. She urged Council to approve the Library's request for $6,000 to aid in processing the Palo Alto files. Her husband went to work for the Tribune in 1938 and was publisher for 25 years. When the Tribune was closed, he and other employees were concerned for the files which had been sent to Palo Alto. She told of the many problems encountered in trying to gain access to the Redwood City materials. Few individuals had had an opportunity to look at the files, and it was not known whether historical photo negatives had been thrown away or were in the conference room. She asked for permission for those who had worked with the Palo Alto and Redwood City files to have access to the files along with historical groups. She believed all those concerned should meet to discuss the process and to establish guidelines and policy. She questioned if the best advice was to disperse the files. Some of the local historical groups might not be able to handle the files. She suggested the possibility that grant monies or outside financial aid might be lessened if the collection were divided. She said the San Mateo County Historical Association (SMCHA) was 60 years old, operated a San Mateo County Historical Museum, and contracted with the County of San Mateo to operate a National Registry of Historical Sites. The director, the archivist, and the museum curator were well-trained. The SMCHA had a secured storage facility which was fully accessible and would provide work space while the collection was being accessioned. The County of San Mateo's professional archivist had also offered room for one year which was easily available to staff and volunteers. Both options were rent-free. Mitch Postal offered to conduct an organizing meeting of all interested parties to determine policies on how and by what criteria the Times-Tribune materials would be dispersed if it were agreed the materials should be dispersed. A significant number of former editorial employees from the Times and the Tribune were available to help with identification of the materials. Special attention needed to be given to the photographs and negatives. She suggested nonlocal glossy photos could be dispersed through sale or donation to a journalism school for classroom practice. The proposal that evening offered professional management for all historical materials and made all materials readily accessible from finding guides. The proposal would benefit historic preservation for the public, save money, and return the conference room to the librarians. Earl Schmidt, 201 Homer Avenue, served for many years as a member of the Board of the SMCHA. He spoke as a Palo Alto resident and in support of the offer presented by SMCHA. He had been actively involved as a lay historian for well over 30 years and had maintained an active role as a collector and donor of a number of historical archives in California and the West. For the past 10 years, he had been actively involved in historical research in the
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national archives. He spent two weeks every year working in an Air Force archival collection in Tucson, Arizona. He was concerned that the Times-Tribune collection not be simply split up but divided in a manner that would be meaningful. He had served as a trustee of the California State Historical Society (CSHS) at the time the San Francisco Chronicle files were given to the CSHS. The files were a great resource to newspaper people as well as historians. During his term as a trustee, the CSHS also received the Times/Mirror photo collection. He stressed the importance for the protection of the collection and for its placement where it could be used. San Mateo County had the staff and facilities to assist generally and to specifically ensure protection of the collection which belonged there from the Redwood City Tribune and perhaps some of the files which came from the Burlingame Advance and the South San Francisco paper. The collection belonged where it could be used for historical research in that community. Ward Winslow, 193 Hemlock Park, said he was a heavy user of the files not only when he worked for the Palo Alto paper 10 years before but also during the interim and up to the present. He strongly supported the staff recommendation that the files be dispersed. The materials which belonged to other counties and jurisdictions should be dispersed to them. The files had been combined in 1979 when the Times and the Tribune merged. Some of the Tribune files were never integrated into the main file. However, a considerable amount of materials was integrated and would require the most careful division and scrutiny. He believed there was a large portion that could be directly separated and returned to the proper places. Many of the early negative files were compiled by staff photographer. The negatives were filed in envelopes, by date and subject. The files had materials that might still be good in 200 years but also included materials that had a short, half life. For that reason and because the members of the public needed access, he wanted the materials dispersed promptly. Council Member McCown said she was surprised about the absence of any archives before the 1950s. Mr. Winslow said there were many files which contained material from well before the 1950s. Crystal Gamage, 1568 Channing Avenue, President of the Palo Alto Historical Association (PAHA), said the PAHA had wonderful facilities provided by the City for its files and an excellent archivist. She believed the combination of the space and the ambiance of the library made it easy for people to access the files. The PAHA supported the staff recommendation. She was pleased to hear that the sister associations in San Mateo County were offering assistance. She had confidence in Library Director Mary Jo Levy and did not believe it would be a problem dispersing the materials to the right jurisdictions. A recent survey of the PAHA resulted in a dozen volunteers who wanted to help with sorting materials. Personally, she had been associated with the Times for more than 50 years and wanted to give the Palo Alto Times a proper resting place.
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Council Member Rosenbaum asked whether the use of facilities offered by San Mateo County was controversial. Ms. Gamage said she did not believe it was controversial. She had heard the offer for the first time that evening and wanted to discuss the offer with Library Director Mary Jo Levy. Herb Borock, 2731 Byron Street, said he supported the staff recommendation. He was concerned over earlier comments that evening that sounded as if the files should be dispersed based upon the newspaper in which they were published rather than by subject matter. He believed the offers of help should be separated from the offers of who should own particular files. Staff would best be able to judge what type of help was needed from volunteers and how to disperse the files. Files could be dispersed to counties or individual cities, and staff had working knowledge of the various historical associations and depositories for the files not needed in Palo Alto. He had a concern regarding the footnote on page 8 of the staff report (CMR:345:94) which referred to the future possibility of providing the files in another medium. He believed there should be an opportunity for public input before that point because it would be easy to diminish the size of the files. He recalled that the main library had housed many years of Council packets. When space was needed in the basement of the library, the collection was reduced without opportunity for public input or Council involvement. Some materials were easily transferable to other mediums. However, when the time came to put materials in another form, the decision to discard items became easier. He requested an opportunity for discussion in an open forum before that happened. Vice Mayor Simitian said there were two essential issues, preservation and public access. The concern with the staff recommendation was if the files were dispersed to too many different places, both preservation and public access were at risk. One of the values of a collection was that it was a collection. If there was a finite, tangible number of depositories, then it could be known that the depositories were solid, lasting, and had financial support. There would be some assurance that the materials would be preserved. He asked how many locations were being considered in Option D. Library Manager Dianne Jennings said the number of places had not been set. She understood Vice Mayor Simitian's concern and said the number could be limited. Ms. Spangler said she was concerned about the preservation and whether the envelopes which were used for storage were of archival quality. With respect to access, she said when a collection was accessioned, good finding aids should be made. A finding aid was a summary of the collection somewhat like an index. The finding aid would simplify dividing a large collection. She also had a concern for too many individuals going through the collection and not treating it properly. When rules and common standards were developed, the collection could be dispersed without the concerns.
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Vice Mayor Simitian asked whether the SMCHA had different rules for residents of San Mateo County and nonresidents. Ms. Spangler said no. Vice Mayor Simitian asked whether the SMCHA had different rules for the members of the association or nonmembers. Ms. Spangler said not for access of materials. Council Member Schneider asked what would or would not be a file of interest to Palo Alto. There were issues which crossed county lines such as the Mid-Peninsula Open Space District and the more recent Red Team. She questioned how those types of divisions would be possible or equitable with the distribution of the collection when there was local, regional, and cross-county interest. City Archivist Steve Staiger said the current policy was to collect material related to the interests of greater Palo Alto. The issues mentioned were things being collected at that time. Those portions of the collection which followed the same guidelines would be desirable for incorporation into the Palo Alto historical collection at the Main Library. Vice Mayor Simitian asked if he were to move Option D with the proviso that Council direct staff to limit the number of recipients and to consider specifically funding, access, and long-term viability of the organization, whether it also would involve discussion with the San Mateo County group that was discussed that night. City Manager June Fleming said yes. MOTION: Vice Mayor Simitian moved, seconded by McCown, to approve Option D to build upon the strengths of existing historical collections, approve funding of $6,000, and authorize staff to work with local historical groups to sort and merge the Peninsula Times-Tribune files. Funds would come from the City Manager's contingency account with the proviso that the staff review limiting the number of the recipients, and give consideration to funding, access, preservation, and long-term viability of the organization. Council Member Rosenbaum commended the author of the report which he believed to be well-written and informative. MOTION PASSED 8-0, Fazzino absent. 7. Comprehensive Plan Update Process - Response to City Council Request for Information on Status of Budget (continued from 7/11/94) Council Member Schneider asked what the original budget request had been under the previous city manager.
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Mayor Kniss said there had been many options given at that time, but her recollection was somewhere between $500,000 and $1.1 million. City Manager June Fleming said staff's recommendation was mid-range. Director of Planning and Community Environment Ken Schreiber said at the June 20, 1994, Council meeting when the additional funding for the Comprehensive Plan (the Plan) process was added into the budget, he had been asked how acceptable the dollar amounts were. He indicated the funding was tight but should be sufficient. He qualified that statement and referred to Item 2 on page 5 of the staff report (CMR:369:94) related to publishing and editing costs which were based on a plan document of 72 pages. The second draft of the Policies and Program document had been received from the Comprehensive Plan Advisory Committee (CPAC). CPAC held a session on July 9, 1994, and the number of policies and programs was substantial. If that number were incorporated into the Plan, the length of the future Plan would be longer than the 72 to 80 page assumption in the staff report. Publishing and editing costs could be impacted. It was too early to be precise, and he hoped further editing and reduction of policies and programs would still occur. Council Member McCown clarified no action was to be taken that evening. Mr. Schreiber said that was correct. Council Member McCown said if all the supplemental reports which had been created since 1980 were added to the 1980 document, the document would be much longer than 72 pages. Mr. Schreiber said the length was larger; however, the downtown study or the citywide study would not become part of the Plan. Those studies had a number of Comprehensive Plan amendments, new policies, new programs, and new text that were added into the Plan. The major lengthening of that document since 1980 had been the longer Housing Element. Mayor Kniss said she could only fault Council for the extra $200,000 which had gone into the additional special-study plans. For the record, she would presume the funds were ample to complete the Comprehensive Plan; and when signed, sealed, and delivered would be superb. Council Member Andersen commented he was concerned about the cost of the Comprehensive Plan. There was a substantial number of citizens who were working very hard and who were anxious to contribute as much as possible. By the nature of the consultant process, staff time, etc., costs continued to escalate. He was not clear as to how much accountability there was on the part of CPAC on the cost question. He agreed with Mayor Kniss that the cap had been reached. He believed CPAC needed to be made aware
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there were cost limits. He did not believe there was a community in the state that would spend $1 million to get an 80-page report. He would not support any future increases to the budget for the Plan. Council Member McCown said Council Member Schneider's point was well taken. The former city manager's advice was if Council did what it wanted to do in creating the document, the document would cost $800,000. Her view was an $800,000 figure had been pushed down to $500,000, and Council then appointed a larger citizen advisory committee and had approved every single piece of the changes the committee designed. She believed to place the blame on CPAC was unfair. She did not disagree that Council should decide on a limit of what was spent, only that it was Council's responsibility. She believed CPAC and staff had been completely upfront on the issues as they developed. She did not believe it was unrealistic to do a plan for the next 15 years for a community and to spend $75,000 to $1 million to do it. Council Member Andersen said his point was not to blame CPAC but simply to establish there were limits in which CPAC and Council needed to work. He had reached his limit. He agreed Council had not only created the problem but also authorized it. No action required. 9. Staff Response to Council Concerns re the Former Contract with Landscape West-North, Inc. for Cubberley Landscaping and Maintenance Services (continued from 7/11/94) Director of Community Services Paul Thiltgen said if the recommendations were approved that night, staff was prepared to proceed with the specification process. Council Member Rosenbaum said the first paragraph on page 2 of the staff report (CMR:371:94) said there was no landscape maintenance, and all other services were deferred until an interim contract was signed which might take three months. He believed the paragraph sounded punitive. He had not agreed with Council's decision and questioned whether gardeners could be hired on a short-term basis to do some of the work. City Manager June Fleming said existing resources were being used to keep the facility from totally deteriorating. Staff was the first to recognize there was a point when more would be expended to restore than would be spent to try and maintain the facility. She said Council needed realistic expectations about how the facility could be maintained without a contract in place. Council Member Rosenbaum suggested the savings which were realized from not having a contract might be used for interim care of the fields. Ms. Fleming said action had been taken to sever the funding, and there were no savings in that budget. Department funds were being used to care for the facility.
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Council Member Rosenbaum clarified there was no City staff available to do this work and outside help would be required. Mr. Thiltgen said existing staff was used on-site to monitor watering. A park crew mowed the fields on a two- to three-week basis. Because Cubberley was funded by the Utilities Users Tax, there was a limitation on what dollars could be used there. An interim contract would be in place in the next week, and a full contract would be in place in two months. Council Member Wheeler said she wanted to reinforce the concerns expressed by Council Member Rosenbaum. The site had been without a contract for only two weeks, yet the degradation of the site was very visible. She did not believe the site could endure for three months with the current level of maintenance. The facility would be heavily used in September when soccer season resumed. The fields were not in shape for anything but the casual user who tended to be there in the summer. Mr. Thiltgen said the facility would be mowed the following Wednesday, and it was continually watered. Staff clearly recognized it would be a misuse of resources to let the grass die. The interim contract would be in place in another week, and the facility would be ready for the fall schedule. Council Member Huber questioned why it took three months to get a contract. Ms. Fleming said City procedures which required minimum notification, review, and placement on a Council agenda caused the delay. Staff was reviewing contract and contract administration procedures at that time. Jennie Roitman, Campaign for Justice, commended Council for its action on the item. She believed Council recognized public officials who spent public money had a different, greater responsibility and listened to the concerns of the workers who often were not visible. She understood Council was trying to set up a system whereby contractors would be reviewed with respect to their workers' concerns, previous legal violations which occurred, etc., before being hired or having their contract renewed. She encouraged Council to do so. Ms. Fleming said a section of the Palo Alto Municipal Code gave the city manager authority to call for bids on a competitive basis under certain conditions, and she would begin that process the next day. MOTION: Vice Mayor Simitian moved, seconded by Huber, to direct staff to prepare specifications, seek competitive bids for a contract to provide landscape maintenance services at Cubberley, and return to Council for approval of award of contract and a Budget Amendment Ordinance to reinstate the necessary funds to the Department of Community Services 1994-95 operating budget.
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Vice Mayor Simitian said he would follow up with the City Attorney, the City Manager, and the City Auditor on providing an institutional mechanism to deal with worker issues which had been dealt with on an ad hoc basis in the past. MOTION PASSED 8-0, Fazzino absent. COUNCIL MATTERS 10. Council Comments, Questions, and Announcements None. ADJOURNMENT TO CLOSED SESSION: The meeting adjourned to a Closed Session at 12:10 a.m. to discuss a matter involving existing litigation as described in Agenda Item No. 5. Mayor Kniss announced that there was no action to report with respect to the Closed Session. FINAL ADJOURNMENT: The meeting adjourned at 12:25 a.m. ATTEST: APPROVED: City Clerk Mayor NOTE: Sense minutes (synopsis) are prepared in accordance with Palo Alto Municipal Code Sections 2.04.200 (a) and (b). The City Council and Standing Committee meeting tapes are made solely for the purpose of facilitating the preparation of the minutes of the meetings. City Council and Standing Committee meeting tapes are recycled 90 days from the date of the meeting. The tapes are available for members of the public to listen to during regular office hours.
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