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Home My WebLink About2003-04-21 City Council (7)TO: FROM: City of PaSo A to C ty a ager’s Report HONORABLE CITY COUNCIL 1 6 CITY MANAGER DEPARTMENT:COMMUNITY SERVICES DATE:April 21, 2003 CMR: 247:03 SUBJECT: THE POLICY AND SERVICES COMMITTEE RECOMMENDS TO THE CITY COUNCIL TO DIRECT STAFF TO DRAFT A RESOLUTION SUPPORTING A MORITORIUM ON THE STATE OF CALIFORNIA’S DEATH PENALTY. RECOMMENDATION Staff is forwarding the City of Palo Alto’s Human Relations Commission’s (HRC) request that the City Council direct the Policy and Services Committee to review and recommend that the Council approve the adoption of a resolution in support for a moratorium on the State of California’s death penalty and direct staff to prepare a resolution. COMMITTEE REVIEW AND RECOMMENDATIONS The Policy and Services Committee voted unanimously to recommend that the City; Council direct staff to draft a resolution in support of a moratorium on the State of California’s death penalty. ATTACHMENTS Attachment 1: CMR "126:03 Prepared by: ’- \~K.athy ~spind~za-How~l~ )lO~rector, Human Services Division Department ApproVa~:......----7~,. ....~_.~.__.x...~ #-- .......... Paul Thiltgen Dire~ oft City Manager Apl; Harrison Assistant City Manager CMR:247:03 Page 1 of 1 FROM:CITY MANAGER DEPARTMENT:COMMUNITY SERVICES DATE:MARCH 11, 2003 CMR: 126:03 SUBJECT:HUMAN RELATIONS COMMISSION RECOMMENDATION TO THE CITY COUNCIL TO ADOPT A RESOLUTION IN SUPPORT OF A MO1L~TO~UM ON THE DEATH PENALTY FOR THE STATE OF CALIFORNIA RECOMMENDATION Staff is forwarding the City of Palo Alto’s Human Relations Commission’s (HRC) request that the City Council direct the Policy and Services Committee to review and recormnend that Council approve the adoption of a resolution in support for a moratorium on the State of California’s death penalty. BACKGROUND The HRC discussed the issue of having the City of Palo Alto adopt a resolution calling for a moratorium on the State of California’s death penalty during its regular monthly meeting on February 14, 2002. The Commissioners heard testimony from a number of Palo Alto residents and organizations requesting that the City go on record in support of a resolution for a moratorium. The HRC was given a copy of the City of Menlo Park’s Resolution (Attachment A). After further discussion at another regular scheduled meeting on May 10, 2002, the HRC unanimously passed a motion recommending to the City Council that the City adopt a resolution similar to the resolution adopted by the City of Menlo Park. On November 16, 2002, the HRC co-sponsored a Moratorium on the Death Penalty .Forum with the local chapter of Amnesty International.Over 100 residents attended and heard from eleven speakers. DISCUSSION The HRC believes that the residents of Palo Alto want a moratorium on the State of California’s death penalty. Over the past ~o years, 772 signatures were gathered and at the most recent community forums, 249 Palo Alto residents signed the moratorium petition. Five main points against the use of the death penalty are: 1. The death penalty is overwhelmingly used against the poor and minorities; 2. The death penalty is imposed arbitrarily, without clear sentencing standards for juries and judges; 3. The death penalty is not a deterrent because of the length of time involved to carry out an execution; 4.Capital defendants have historically experienced inadequate legal representation and have not been afforded the use of DNA testing; CMR:I.~6:0:Pa~e 1 of 2 5. Evolving standards of decency in our society deem the death penalty unacceptable. The governors of two states, Ryan of Illinois and Glendenning of Maryland, have called for moratoria because of their belief that innocent people were being placed on death row. The HRC urges the City Council to join the cities of San Francisco, Oa~and, Berkeley, Menlo Park, West Hollywood, East Palo Alto, Santa Monlca, Santa Cruz and the County of Santa Clara in passing a resolution calling for a moratorium on the death penalty. It is in the best interest of the public to ensure that no innocent individual is executed and that every individual should be g~aranteed fair and equal protection under the law. The following documents are available for review with the Human Services Division, located at Cubberley Community Center, 4000 Middlefield Rd. T2, Palo Alto. o Palo Alto’s Death Penalty Moratorium Forum Testimonies o Historical Over~’iew of the Death Penalty Debate ¯Death Penalty Moratorium Petition Signers Fall 2000- Fal! 2002 o Santa Clara County Death Penalty Moratorium Petitions ATTACItMENTS Attachment A: Cib’ of Menlo Park’s Resolution PREPARED BY: ’I~ATHY I~SPIN~ZA-HOi~ZARIJ; Director, Human Services Division DEPARTMENT HEAD~~ PAUL THILTGEN Director of Community Services EMILY HARRISON Assistant City Manager CMR: 126:03 Page 2 of 2 RESOLUTION NO. 5334 A Resolution of the City Counci{ of the City of Menlo Park to Support a Moratorium on the Death Penalty Whereas, murder and other capital crimes are horrific, condemnable acts; and Whereas, there are many citizens who favor the death penalty, and also support a moratorium for various reasons; and, there are many who support life imprisonment without possibility of parole, rather than the death penalty; and Whereas, people with menta! retardation and minors can and have received the death penalty; and Whereas, a moratorium is not precedent setting in that there was a national moratorium on the death penalty until it was re-instituted by the U.S. Supreme Court in 1976; and Whereas, new scientific data and powerful forensic tools such as DNA testing are being developed and made available for application in legal proceedings; and Whereas, there are currently no uniform nationa! standards regarding qualifications for legal representation, availability and access to the application of such scientific resources; and Whereas, more than 95 individuals have been exonerated and released from death rows nationally since 1976: and Whereas, defendants of wealth, celebrity and influence rarely receive the death penalty; and Whereas, there are 593 people on death row in California (as of March !, 2001); 17 of those were sentenced by the County of San Mateo: and Whereas, ~he Governor of the Sta~e of Iltinois has declared a moratorium on the r~=R=ltv’ Whereas, four cities in California (Berkeley, Oakland, San Francisco, and San,:a Cruz) have adopted resolutions supporting a moratorium. Therefore, be it Resolved that the City Council of the City of Menlo Park adopts a resolution recommending tha~ the Governor of the State of Caiifornia immediately institute a moratorium against the death penalty. Be it fuEher Resolved, that, upon notification by the Governor, an independent commission be established by ~.he State Legislature. Be it further Resolved, tha~ said commission be charged with reviewing all law enforcement and judicial policies and procedures associated with the death penalty, 5334 utilizing the latest scientific data and forensic tools, as welt as from the perspective of insuring the protect.ion of legal and constitutiona! rights of all parties involved: and Be it further Resolved, ttqat said commission review cases of inmates on Death Row in California, to insure that their legal and constitutional rights were not and are not being violated; and Be it further Resolved, that, the moratorium be in force until such time as said commission expeditiously completes its charge, and submits its findings and recommendations to the State Legislature for its action; and PASSED, APPROVED AND ADOPTED by the City Council of the City of Menlo Park at a regular meeting on the 7th day of August 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Schmidt, Kinney, Coltacchi, Borak None ..’ None ~# Mayor Jellins Nicholas#. JeilinsMayor / ATTEST: Susan A. Rarnos, City Clerk (SEAL) 5334