HomeMy WebLinkAbout0387.094--~ ... ;
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July 15, 1994
THE HONORABLE CITY COUNCIL
Palo Alto, California
6
Revised Staff Recgmm~mdCiti9n Concerning Jyyenile CUrfew Requisitions
Members of the Council:
~t in Brief
This report provides staff's response to the djscussions ~ith the
Human Relations Commission and the Youth Council, and the resulting
rsvised re~onunendation that was originally presented in CMR:J79: 94.
Discussion
The discussions with the Youth Council and the Burnan Relations
Commiss:i.on wet'e very beneficial. Staff believes t,\lat many of the
ideas that were shared shoold be explored further. As an example,
staff supports Youth Council's pilot program concept. For the last
several years, the Polic~ Department has conducte.d a Juvenile
Diversion Program for first-time offenders of minor crimes. The
-intent of the program is to keep these offenders from becoud ng
"lost ll in the Juvenile Justice system. participants are required
to attencJ counselling sessions with their parents and complete
eight hours of community service. Staff believes it is feasible to
explorE!. the possibility of enhancil"lg the. current progrd.lll. to address
the Youtn Council's ideas.
It is i~portant to note that there are some hurdles that would have
to be researched relative to this concept. One such hurdle
concerns thp. legal requirement that curfew restrictions (other than
thos'e prescribed by a City-ordinance) can he imposed only by County
Juvenile Probation officials, after a minor has been convicted of
a crime and placed on formal probation. It is not unusual for this
process to take several months to complete.
in addition to' options outlined in previous reports (CMR:J79:94 and
C}[R:383:94) I the Council may wish to consider a modification in the
proposed ordinance 'Which deals with the llcriminali:zation ll concern
that W~$ ri:l.i.sed by the HRe and the 'lOut:t"1 Council. ~ihat option
would be to make the penalty for the first violation an infraction
and subsequent violations mi~demeanors.
CMR:387:94
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Page Two
As indicated in CMR:379:94, the proposed ordinance would be used
judiciously and only if other enforcement tools could not be
lawfully utilized. The race, ethnic background or general
appearance of a minor WQuld not be a determining factor in
offlcars~ dscisions to stop and/or enforce the ordinance.
Council has heard references to gang and other l.~leqal activitiee
that have been occurrinq in certain neighborhoods. ,These
activities include disturbances, speeding vehicles, alcohol and
drug related offenses, discharging of firearms, etc. P91ica
officers have taken assertive action in the forms of numerous
arrests, service of se.a.rch warrants, undercover surveilla'nces .and
taken other enforcement actions as the circumstances and the law
allowr.
staff believes that some of the ideas that have been raised as the
result of community input, especially by the .HRC and the youth
Council, have merit ~nd sho\lld be considered. Staff I therefore,
x:ecQmm.ends that Council dil:ect llS to continue working with these
groups 'to develop a more specific program proposal. However j in
eftarts to deal with iliUrlediate proble!ns, staff continues tc,
recommend that the proposed curfew ordinance, with modifications as
council may determine, be adopted. As originally recomIn£nded,
st3ff ~ould return to Council in six months with a report detaili~g
how the ordinance has been ~nforced.
Recorrqnendat iOM
Based 0)1 information l'eceived from community input and from the fiRe
and Youth council, staff recommends that Council:
1) Adopt the accompanying o~dinance repealing and reenacting
Chapter 9.24 of the Palo Alto Municipal Code dealing with
juvenile curfew violationsj and
2} Direct staff to return to Council in six months with a Teport
detailing how the ordinance has heen enforcedj and
3) Direct staff to work with the Youth Council, the HRC, the City
School Liaison Committee, the Palo Alto Council of PTAs and
other appropriate community groups in the development of a
pilot proactive, positive program to addr~ss youth violence and
gang activity, and report on that effort whp,n the report
returns to Council on the enforcement of the curfe ......
CMR,387:94
Paqe 11Lree
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r, JO SON
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. CHRIS DlJRKljf"-
As. stant Poli e Chief
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l: fI.DlING
ty Manager
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cc city/School Liaison Committee
Police Chiaf
Palo i\lto Council of Parent-Teacher Associations.
H~=.:m Relations COR'IEission
Youth Cotlnc.i 1
C/1Rr)87'94
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