HomeMy WebLinkAbout0479.095•
City of Palo Alto
City Mada~er's Report 0
TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER. DEPARTMENT: POLICE
AGENDADA~ NOVE~mER.I~l~S CMR:479:95
SUBJECT: JUVENILE CURFEW ORDINANCE EVALUATION
ItEOUEST
In Ihe Spring oll994. Police Depar1menl staff requested the Cily Council 10 amend the juvenile
curfew <>rdinan« 10 deal with increased youth violence and gang activity that had be ...
observed. Council adopted the ordinance ""hich contained. sunset provision &fier one year.
As I result, Ihe ordinance expired on October 31. 1995. Owing Ihe year the ordinance has be ... ·
in dfecr. 1be community has experienced. significant decrease in thls activity. This repor1
provides a detailed e-.lIIuati<>n ollhe year's experience. Due to the decrease in Ihe activity that
was the impetus behind 1M initial ,ecomme"d.tion 10 amend the <>rclinance, staff i. not
requeSting the ordinance be adopted on • permanent basis. Therefore, infonnation contained
in this report ;,. intended 10 serve as I foundation for discussion with the C<>uncil.
RECOMMEND" nONS
Because the ordinance has already expired. DO Council acti<;n is required.
POLICY IMPUCA nONS
w,thout • curfew ordinance. and absent any probable cause that another crime has be""
committed or that • minor's safety .... as in immediate jeopardy, cff;cers will not have any legal
probable cause to detain minors "'00 are out during hOW'< that had bee" included in Ihe curfew
ordinance. Officers could and woold initiate casual contact wit!;. minors, but if. minor did not
wish 10 participate in • conversation, the of!ker would have 10 terIl'inate the contact
EXJ:CUIlVE SUMMARY
Last year. 1be Police Department mad. I request that Council Jepeal and reenact Chapter 9.24
of the Palo Alto Municipal Code dealing with juvenile cUIfew regulation. This request was
made due \0 serious roncems thaI staff had. about the increasing amount ol gang ac1ivity that
was being observed, specifically during the preced'mg month.. Two specific groups, the
Addison ("A' Street) Gang and the Ventura ('V" Street) Gang, became mucl. more active,
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especiaDy in vioien! behavion and actions aimed at each oIl>ol. Additionally. an inordin.te
amount of activily in the NO as<ociated neighborhoods was observed. Staff believed thal the
amended curfew ordinance would provNk • neeesSAl)' i00i10 help combat the problem. The
extnordiruuy problem necessitated • sinu1sr response. Concerns were raised by several
e<>mmunity groups (Human Relations ComnUssion, the Youth Council, City!Schooi Liaison
C_"1i!1ee aOO represenIlIlives of the Palo Aha Council al PT As) Il>at the ordinance would he
~ selectively, Il>at it would be • broad-brush sclution that n~g.tively impacts all1eenagers
in order to deal with • relativeJy rew minors; thal it would criminaliu beha vier that. in and of
itoe!!. is DOI1wmful; and lhal it would not deal ,,-ith those gang members ""ol the age of IS.
Because of these concerns, Council directed staff 10 submit. monthly report 10 the Human
Rt;!ations C.ommission on police contacts concer:ilitg the onfinance; submit a six month
evaluatian al the enfon:ement of the ordinance; work with community groups 10 develop
positive Iong-lerm strategies 10 reduce youth ,;o!ence and g>ng "'Ihilies in the community; and
rq>OIt back on incremental funding needed for stepped-up enforcement of nuisance issues
idemi&d iii the~.ddison and Ventura neighbodloods. This report provides detailed information
on these directives and an evaluation olthe effectiveness althe ordinance.
Enfory:meru
W1u1e the amended ordinance became effective on September I. 1994. a<lwII enforcement
action did not begin until October I. 1994. Bet ... ee .. September and October. <:e>mmu.-uty
cdD<atiooal outreach efforts were e<>nducted and I brochure desenoing the ordinance was
prepared and distn1nrted 10 yOWlg people. A total al over 1 ~ bours were spent spealcing 10
parent grOllps and studentS in classrooms a~Jt the ordinance.
Also during this time. a department policy guideline was prepared and personnel recer.. .. d
training <lD its contents. The policy (see Attachment A) included information on the specitks
of the ordinance, enforcement protocol. notification al parents. and trackIDg of information
associated with the <:on1llCls. As part of the policy. first lime offenders were 10 r=h" warnings
and repeat offenders would have been referred 10 the Sanla (1ara County Juvenile Probation
Department
As detliled in moolhIy reports 10 the Human Relations Coounission through October 1995, 66
YOUIl8 people were contacted and warned by police ofikers aoout curfew vioI.ations. StrlI was
unable 10 cap!Ure deIaiIed information about peo]lle who were stopped for polential violation.<,
bll! ... 1>0 were found 10 be in comptiance with the numerous exceptions listed in the ",<finance.
Based upon discussion with. ollieer .. however, staff believes that t."e number wu not
significant. Police officers did not have contacl ... ith. any repeat offenders.
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The ckmographkel breakdown of those younS people wh" were found 10 be in vX>lation and
who were warned include: 42 C.uc.mns (63%). 13 Hispanics (20"10). 9 Asians (14%1. and 2
African-Americans (3%). FUIy-sevea ~ were Palo Alto residents. Ages ranged from 12
10 11)'tarS old. Gender information was not ~ k is apparent from Ibis informatica that
!he concerns initially raised aoout selective police enforcement were _ substantiated.
Times of COIltwot have ranged from 11:00 p.nt. to almost 4:00 a.m. Although contacts were
made every night of the week, the majority of the '"",ning' were IIl!de on Saturdays (12).
T~. (II). and Thundays (II).
The majority d yonng people thai reccived warnings were initiaIly stDpped for oilier vio!atioru.
These violations ranged from such miner offenses as trespassing 10 !DO£e major offenses such
as IUto burglary.
P .. enlS of all yoong people who received warnings were notified by polk. officers. Parents
were most appreciative d!he officers' actions, because in almost every instance, the parents
believed their children to be a/ home or at a friend's home. Not one parent acknowledged
gi...mg permission to their son or daughter 10 be out on the streets during the times they were
stopped.
It should also be noted thai the Poli<:e Department did not receM any complJrints associaled
.. ilh !he enforument of the curfew ordinance.
Criminal Activity
Betweea September 1993 and October 1994, 82 minors were arrested for varion.< offenses and
43 otheR were detained between the hours of 11:00 p.In. and 6:00 a.In. Between September
1994 and October 1995, 89 juveniles have been arrested and S I have been detained during those
hours. Wlnle!he number of minors arreS!!:d has increased compared 1C !he pre>ious year, it is
importanl to note !he serionsness of !he offense. for which they have bee" arrested has bee"
signi&antly reduced. Specifically, !he number of arrests of minocs for violent crimes during
curfew hours has dec!eased from eight I<l three. AdditionaIly, Ibe number of arrests of minors
lOr alcohol anellor drug related offenses during cUIfew bours decreased by almost IS percent
The lola! number of crimes repot1ed and documented betw""" October 199410 September 1995
<lropped by 5 percent compared to the previous year. Likewise, the Dumber of crimes reported
and documented during curfew hours dropped by 7 percent
One of the initial reasons for requcsting !he ordinance was 10 proteGt minors from becoming
victims of especiaDy violen! crime •. The number of minor victim, of violent crimes increased
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1rom 610 I. The eight victims "'ere invoMd in five incidents, four of whicllwere gang related.
11 shoold he noted thal tt.ls trend is observed throughout the counlly. A recent report OIl
CaIifumia violent crime muled that while violent crime ntes in general are decreasing. t1t~
committed by and 011 young people are ine.reasing .t a significant nte.
Addisog/VenturJ Neighbodtoods
The Addison and Venlura neighborhoods were the two neighbodtoods that had experienced I
drastic in<:ruse in activity that led 10 the recommendalion of an ameoded curfew ocdinance.
In the Ventura 1Iea. !he loW number of calls (or servke drop""d 18 percent overall eompared
10 the previous year. and 16 "",cent during curfew hours. In the Addison neighbornood. & 6()
percenI decrease in overall caI!s foe sel'\Ke and an t7 per-..ent decrease during curfew hours was
realized.
ImPK' on VlOlencetGang Activity
While inreIpretation of the above statisti<:al information servos as an indicator thal the curfew
ordirumce may have had ~ positive impa<!s and assisted in the reduction of the level of
youth violence and gang activity. it is imp05Sl"ble for anyone 10 defInitely conclude to what
degree. Staff he~ that the crdirumce .... as I factor. However, because the elements
associa!cd "ilh the very nature of crime rates during any give. time ""riod are so varied • staff
cannot say thal!he orc!inanc< was evea the primaJy facto! in the: reduction of crime rates. These
elements include uiminal activity in adjacent communities. the number of individuals who
pc:.peIi ale numerous crimes, weather. the amount of media Itt<:ntioo giVeD In law enfo<cement
Ias.k fortes and specialllnits that publicize the fact that m«e offICers are woOOng in and around
the c<>mmunity. and the extent to which problem individuals come into the community. etc.
One thing is apparen~ howe"" .. and that is the level of gang related activity has subsided.
Impact O!! Young People
One of the Slroogest objections that was expresoed regarding the ordbance dealt with the impact
the ordinance would have on young people and the potenti aI infringemeot of their rights. In
attemp13 10 assess the response of young ""ople in the community to the ordinance. queslions
were included in & survey developed by 1lIe Positive Aheroati,,,. foe Youth (P MY) Committee.
The survey was distributed to over 650 young I"'QPle in !he community. Two hundred surveys
were returned. AttacbmeR! B provides the actual qucs60ns and number of responses. v.1tiIe
many more young ""ople were no! in favor of the ordinance. 28 perceR! indicated that the
o<dinance should be enforced or that they did not have an opinion because the ordinance did
no! make any difference in their lives. Wrule a number of comments on the survey indicated
that the respondents ber>eVed the ordinance infringed upon their constiru6onal rights. a Dumber
of odIer comments indicated that the respondents felt safer be<ause of the ordinance.
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Hum"" R;ktjons CommissioOCYoutlt Council Reswpse
Altbeit 0cI0ber 12,1995 meeting, t!l<: HumaD R;lations Commission heard public testimony
and di5cu3sed1he cwfew ordinan<., (see .... ttachm.nt C for the meeting minUleS). AI that
JlIeCIin8.Ihe President oft!l<: YO"th Council reported that when they discussed the ordinance,
it mel with. mixed review. Some members beli<:ved that the ordinance was going 100 far and
!hal parents should rc:gWJ!Ie !be lime !beir childrcll were out. Others believed that many yOUllg
people do nOC have adequate paren!ll! supervision and thus the udinance ",as helpful. The
youth Cooncil vOl:d 8-7 kl support \he expiration of \he ordinance. Some additional wmmcnto
induded the need for more education about the ordinance and continued close monitoring of
its enforcement if it were to be reenacted.
The Human Relations Commission voted 4 -2 10 recommend that the c wiew ordi"""". not be
continued. Comments primarily centered on the feeling that since there is currently no cleu
and present danger and because !be level of acti viIy has decrea;ed, there is no longer. need for
the ordinance.
O!her JurisdICtionS
Surrounding jarisdictions were contacted at Ihe request of Council \0 delennine whether they
had. cu.-rent curfew ordinanee in place. The City of East Palo Alto enacted I new ~w
ordinance in June 1995 10 reduce late nighl mrninal activity. Since the enactment of the
ordin&nU. six yOUlhs have been cootacled: three were arrested after it was detennined they
were driving. s!o1e11 velUcle, ond three were relUmed home 10 their p3Ients. While the East
Palo Alto Police Department does DOC have actual information 10 determi!lt the impact the
ordinance has had on Illeit crime rate 10 date, it is their belief thaI criminal activity involving
youth has decreased since Ibe ordinance was enacled. East Pall) .... lto·s ordinance differs frOlll
Poi" Alto'. in that the bours remain the S3IDe thrwghoulllle entire week (11:00 p.m. to 6:00
•. m.).
The ClIy of San Carlos enacled. cwfew ordinance on April I, I99S, which is sirrular 10 ours.
Their boors of enforcement are similar to East Palo Alto's, 11:00 p.m. to 6:00 I.m., seven nights
a week. The impel11s for San COOOS' ordirulnce is similar to both East Palo Alto .,,<\ Palo Alto,
in that the.. !wo cities were experiencing a marked increase in youlll violence and gang
activities. The City Council for San Carlos required. six mootb evaluation from the Police
~ and their curfew ""fmance sunsets on December 31, 1996.
Other citi<:s in the area have also either recently en.cted new ordinances or are in the process
of considering doing so. R;cently, Ibe Board of Supervisors of Santa Cruz County adopted I
COWlIyWide yonth cwfev, .• aller delenni..'ling that the regional approach to establishing uniform
curfew hoots will help keep teens out of trouble and prevent them from becorr.ing ''''tims. All
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die ci!ies in Santa Cruz County, with die exception of the City of Santa Cruz, have adopted the
COII!IIy\>ide ordinance. A sinular approacb involving die cities of Fremont, Newark, and Union
City is being explored. 1k three ,ities have an interest in sluuing the same curfew time, so
d>ey do DOl fOrce young people from one city 10 another one thai doe. DOC have a curfew or has
a different ~w time.
San lose has continued 10 enforce Iheir oraUlancc ilia! h .. beeJI in place a little over I year.
During that lime, they have obsen·ed I 13 percent decrease in crimes committed by young
people.
1k dties of Mountain "l<W, Menlo Park and los Altos have outdated ourfew ordinances in
their municipal code. which they do nO! enforce. None of these cities is considering I repeal
or reenac!me1lt of the ordinance in the neat future.
Positive Alternatives for Youth Committee
III November 1994, an ad hoc committee was fonned .. a result of Council's directive 10 wad
with COmmunity groups in the development of recommendations for strategies 10 deal with the
issue of youth violence and gang activity. The committee includes represenllltives from the
Youth CouociI. Hwnan Relations Commissio!l, Palo Alto Unified School District School Board
and staff, YMCA. Adolescent Coonse1ing SeMceS, the PTA Council, Mayfield Cooununity
Clinic, Boy Scouts of America. Palo Alto Mediation Program, City of Palo Alto RecreatiGn,
Hwnan Services and Police DepaItmen~ and Family Services Mid·Peninsula. ~nt additions
10 \be Committee include • member of the business ccmmunity and another young person. The
Positive Altematives for Youth Committee h .. met I lOla! of II limes. After spending the
majOOty of meetings hearing wbal programs are currently in place 10 deal .... ith .. ..nons aspects
Ilf youth violence and gang activity. the Committee h .. recently begun wad on the actual
development of specific recommendations. The recommendations ...-ill include costs,
implementation plans, etc It is the belief of the member> of the Committee that the program
that is being developed should be ccmmunity-based with participation and ownership by the
City, Palo Alto Unified School District, businesses, parents, and young people.
Conclusion
1k level of effectivef1<ss of the ordinance cannot be determined with any sort of scientific or
irrefutable measures or fa<.-ts.
As staled earlier, staff cannoc definitively say that the <>rdinance h .. bee. primarily responsible
for the reduction <Jf criminal activities, cans for serW:e in the Addison and Ventun
neighborhoods, and youth violence during nighttime hours. However, staff believes that it h ..
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beeII • facIO<. This ccn;:lusion u based not only on !he mmc statistics but upon !he ~ 1la!
66 young people wen: ouI 011 the _ betweea 11:00 p.m. and 6:00 .. m. without their parents'
knowl..-dse. II is also based on llI1IDeasurable feedback received from some parents 1la! !hey
have ..sed the oofinaooe t) reinCocce their cvm flunily curfews. However, staff does 19Iee with.
IIlI:IIlben ofdlc YouJIl Council~ the HRC tbatdlc Ievcl ofactMty prompting the amendmenI
10 the orcfuwlce has substan!ially decrtased. After weighing the pros and cons relative 10 a
continued ordioaDCe, alibis time, staff is not re--..ommending thaI the ordinance be reenacted.
SIafI'. cIccisioD not to recommt:IId • permanent curfew ordinance docs nO( equate 10 • lessening
of eoocem &boot III increase in Met1I crime. eommitlcd by and on young people thronghout
the state and CCUIlIJy. It wocld be naive 10 believe that the problems in Palo Aha bve been
totally eliminated in view of the gang acti>ily in other communities. Therefore, staff will
cl<J5e1y manito< !he level oeacthity in this community. If any level of in..-rease is observed,
staff will retum 10 Couooil with • request 10 reenact the ordinance.
FISCAL IMPACT
"TheR is 00 fiscal impacllSsociated willllhls report.
DNmO~ALA~~M~~
"TheR is 00 enviroomental impact
ATTACHMENTS
AIIachmc:.,t A: Police General O .. ler ~garding Curfew
Attachmet1l B: Curfew Survey Response
Attachment C: October 12, 1995 HRC Meeting Minute.
PREPARED BY: KathIe"" M<:Kenna. Police Captain
Lynne Jobnson, Assistant Police Chief
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cc: Human Relations C<>mmission
Youth CoonciI
P",iti"" Alternatives fot Youth Committe.
I'qe.of.
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JVVIIIIl LB CiiIlpn .fO!7LA1'IO)lS
GlPDAL oanna ,. Dl (AI
ADOP~~a •• ~~ZXBER 1 •• 6
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IOLICJ
It .hall be the polley of this department to protect the publlc
health. safety and velfare of the community. &~e to the increase
In juvenile violsnee, juvenile gang activity and juvenile crime in
the City of Palo Alto w Officers vill have tbe authority to detain
ancl ultimately cite minors who are in violation of the City's
Curfew Ordinance.
RIlI'l!ZOII' "l Palo alto _up!cipal Cod' 1.2t,010
A. CUlLI'n Eot7lL8 -11: 00 p •• , on any Sunday, Konday, Tuesday f'
Wednesday, or Thuraday until 6:00 •.•. of the following day, and
1:00 a ••• until ~:oo •.•. on any Saturday or Sunday.
B. BXBRGPCY -An unforeseen combination of circumstances of the
resulting state that calls for bUilediate action. The. term.
includes. but is not limited to, a fira, a natural disaster l ~n
automobile e.ecident, or any situat.ion req\lirtnq immedia.te action to
prevent serious bodily injury or loss of lite.
C.. GonDrAJI -A per&On who .. under court order, is the quardian of
the person of a .inor. or a public or private agency with whoa a
alnor has been placed by a court.
D. XI..,. -Any person under 18 years of aqe and. is synonymous with
the te~ -juvenile-for the purposes of this General Order~
•• PAREN2 -A person who is a natural parent .. adoptive parent, or
step-parent of anotber personi or at least 19 years of age and
authorized by a parent cr quardian to have the care and custody of
a .Inor.
7. PUBLIC P~C. -Any pla.ce to wbich ~he public or a substantial
group of the public has access and includes .. but is not li.ited to,
streets. si4.w&1k~, bighway&, private residences le~t opgn to the
publIc without the presence of adult supervision and the co:mmon
area.s. .of schoo-lSI hospitals. apartments., office buildings.. and
transportation facilities.
Q. .ltElD.I. -'1'0 linger or stay, whether on .foot or in a vehicle; or
tail to leave the premises when requested to do so by a police
officer or the owner. operator, or person in control of the
preaises.
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•• It 1. unlalli'ful for a .1nor to remain in any
public place within the city during curfew hours.
b. It i& unlawful for a parent or quardian of a
.inor to knowingly perait, or hy insufficient
control, allow the .inor to remain in any public
place within the City during curfev hours.
a. UCBHIOIII, 'l'he followl~ activities are exceptions and a:re NO'!'
unlavful:
a. When the .tnor Is accompanied by the .inor'.
parent or quardianj
b. When the .inor is on an E-rrilM at the direction of
the .inor'8 parent or guardian, without any detour
or stop,
c. When the minor is in a motor vehicle involved in
interstate travel, or other travel not in violation
of the CityTs CUrlew Ordinance;
d. Wben the .inor is engaqed in an employment
activity, or going to or returning home tro. an
employ=ent activity, without any detour or stop;
e. When the .1nor Is involved in an emergency;
f. When the minor is on the sldevalk next to the
.inor'8 residenc~ or at the residence of a next
door neighho~ if the neighbor did not complain
to the pclice department about the .1nor~s
presence;
9. When the ainor is attending an offIcial school ..
religious, recreational, educational T social or
other organized activity sponsored lrI the cityc
School District or other si.ilar private civIc
organization that supervises the activity, or when
a .lno-r is qoiI19 to or returning home, or inside a
commercIal establishment receiving goodS or
eervIC4.s;
b. When the .inor is enqaqing in speech or reli;ious
rights protected by the United States or
california ConstItutions;
i. When the ainor is married or has been emancipated
in aooordance with ~~e California FaDily Code
section 7000;
j. When the minor is e.nqaqed in a commercial activity
or receivinq commercial services on thE. preDises of
& business organization that supervises and pe.r:mits
the act.ivity, or when a .inor is qoinq to or
returning home from, without any detour or stop,
such activity or service.
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DOClpoal
I. Ilf7QaCDSft -polIce personnel will not detain juveniles based.
upon attire, race, or qender. Officers need to use 4iscretion and
tak. l~to &C~~t the totality of the events. Before taking any
enforce.ent action, • poliee officer shall ask the apparent
offender'. age and reason for being in the pu~lic place. The
purpose of this inquiry is to determine whether any of the
exceptions to the curfew apply. The officer shall not issue a
citation or make an arrest under this section unless the officer
reasonably bellev~s that the juvenile has received prior warnings
and a curfew violation haa occurred.
2. azaPOB8%B%LI,r£8 -Whenever a j~ven!le is taken into custody as
aet forth in V'I Code sect tons 625 through 641. it shall be the
arrestinq officer'. responsibility to:
a. Rotify the field supervisor 6 or in their absence, tha Watch
Commander, of any juvenile arrest 'Which requires the transporting
of' the alnor t.o the police station .for processing or further
investigation. Sp~ial care should be m~de to ensure minors are
not brouqht into contact 'With adult 5~spects or prisoners in the
holding area.
b. Advise the juvenile ot his/her Miranda rights as set forth
in .&1 COde 625 when the ainor is arrested for a 601 W"I Code
violation. Miranda admonishment is required tor all juvenile
arrests l even if there is no interroqation.
o. Take immediate steps to notify parents/guarcU.an per W'-l Code.
lOaea} and W"I Code 62" (a) . Documentation Ilust be made in the
Juvenile Detention Log and the police report.
d. If detained longer than one hour, allow the juvenile to make
the necessary phone calis l as set forth in W&I Code 309(b} and W"I
Code 621 Cb) •
e. If the juvenile is cited under w.r Code 601 and released 6
specific documentation must be completed.
3 •• DlALn FOR YlOLA'lZOBS -Unless circumstances exist and/or
other offenses# any person who violates any of the sections of the
curfew ordinance shall receive a warnin9 for the first vi~lation.
Repeat offenders could result in a refer-ral to the Juvenile
Probation Department.
4. BOTII'ICATrO& OP PAltEB'l' ABO/OR GtlAJU)IAJI -If an off icer is
unable to locate a parent or quardian 6 every effort will be made to
take the juvenile to his/her home or take reasonable steps to
insure the juvenile gets home safely. The supervisor or-watch
Commander viii be advised in advance that the officer has been
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unable to;) lcx:ate a parent or quardian. The officer vill be
responsible tor notlfy!~ the parer.t or guardian the next day.
Oiscretion should be used tfith .. inors of a younqer ag-e as to 'Where
tbe juvenile in violation shouldl be t.ransported. Perais.ion ahall
be obtained prior to any t.ransport by the Supervisor or Watch
Commander.
It aft officer is able to contact the parent or guardian, be/she
should ascertain the folloving information:
does he/she know where their child is at the time
did they 'liv. per.lssion to the child to be out
ar. tbe~ aware ot the juvenile curfew ordinance
If the officer deter.ines the parent or quardian is in violation of
tbe ordinance, it 'Would be roOted in the police report~ Repes.t
offenses of juveniles or parents of thIs ordinance .... ill be refe-rred
to the Juvenile Probation Department.
All self-initiated contacts viii have a call type of 10-9SC.
Non-selt' initIated contacts woulcJ be recorded under the appropriate
call type (i.e~, 415 , 10-66, 1C-51)~
If the juvenile is detained, warned about the curfew ordinance, and
1~ is determined that there is no violation, the detaining officer
vill advise communica~lona of ~he race, gender, aqe~ resident/non
resident and whether an on-vieW" or-a reportinq party g-enerated
stop.
Por examp1e~ -·Palo AltOL-25, 10-8 frOD the lO-95C last of Smith,
first of John., W, d.o.b . .10-02-79 ... resident, on-view, varning
issued.-
For exaJllple, -·Palo Alto L-48, 10-8 on a curfew cite/release,
booked or taken to the sbelter, the detaininq officer will advise
Communications, last of Jones., First of Herman, d.o.b. ~5-16-79,
'WM, non-resident, on-view, rele"1.sed to parent/quardian or taken
home.-
All curfew related incidents will use MCURF-as the city field tor
tracking and report-qeneratec:! purposes.. Data entry of t..'iis
inforaatlon vill be the respollsibility of Communications personnel ..
,"UUtlld
All polic~ perso~~el viII receiva training concerning all aspects
of this General ~der in conjunction .ith Municipal Code 9.24.
Documentation of the training and a test regarding tbe general
order will be. completed and ke.pt by tbe Personnel and Traini~
division.
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(l}lnUTES
PALO ALTO HUMAN RELATIONS
MINUTES
PAlO ALTO HUMAN RELATIOi'<-S COMMISSION
October U, 1995
COMMISSIONERS
7:00 P.M.
Ventura Community Center
Mul6-purpose Room
PRESENT: Henrietta Burr""ghs, Tina Gutierrez, Wynn Hausser, Litsie Indergand,
Trin. Lovercbeck, Janet Stone.
COMMlSSlONERS
ABSENT: Roy Blitzer
ALSO PRESENT, Joe Huber, Cily CouJlCl1 nu:mller; David Martin, Human ~
A<1ministratOC'. Leah Zaner. Huma.1. Servk:es~ HaTI.ie Wldlow. Staff
Secretary. oms Durkin, Police Chief; Lynn Johnson, Assistant Police
OJef; Jacob Ball"", President of Y oulh Council
I. T. Gutierrez called the meetln~ 10 orde:-at 7:08 p.m.
2. Oral Communicarions
Mars" Dutton. the Executive Director of Palo AlIo Community Cb~d Care (P ACCC).
welcomed everyone to the Ven~ura Commurufy Center~ . .
Chris Durkin. the Palo Alto Police Cbiefthanked T. Lovercheck for ~er work as the past
HRC fiaisoo 10 Ille Pofic. Departrneru and welcomed It. Bntzer as the new fiaison.
Curti. Kenner, P.O. Box 21J. Palo Alto, requcoled c1arilicatioo of last month', minutes
RglIl'<!il1gthe Aggressive Panhandling Ad Hoc 1aslt Force. D. Martin informed him Ih.t this
issue is an agenda item tonight. C. Kenner mentioned that t1le Staruord Homelessness .
Action Coalition (SJiAC) is concerned about the cloth .. closet issue and wanted 10 know
bow 10 gel this issue agencfl2ed. D. Martin respooded that Ill. cloth .. closet has beel! housed
in various areas (Ie. Ventura). Jt had 10 be moved from Ventura because it W&SII't
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comp.til>le witll1he c1ll1d care center.wbit\ <>pent .. t.t Vonrur .. It is no( ,fiscal issue in
tomu of 1he City pro,,;c'"B 1tlOfl<y. but • sp~ issue. Ad. have been placed in .he paper
!I5Idn8 people lftheyblow "here 1here is space for I cloIl> .. closet. Scboob ",d oonprofits
have ai>o beea looked inlo. C. Kenner raised tlle issue of I perceived conflict belWffil •
clothes closet operation and I child care cenler. Is there I way 10 cut through the pcfitical
lncorr«mess ar.d perceive tlle issues here? D. Marln suggc",d thal this is probably an
issue1h.tt oeeds to be agenctzed at .11'er date.
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D. M&rfut iflSlributed Ille 1995-96 lIRe Liaisonship list. 111e latest curfew report from the
Palo AlIa Police Departmen~ tlle Notice of Vacancy OD Mid-Penfnsula Acce .. Corporation·
Boord oCDirect<n Itt I two y .... IemI, and tlle Coliforni. for Justice regarcms ;,uti.five for
aflirmative action.
J. SlOne sb>.red I letter !rom Sho.rl Berg of the DATF. sayins she has 10 resign due 10 I
lengthy commute. but would still b.e to belp. She also shared • letter from tlle First
~ Church in\>i'ing people to join tbern on October 21. 1995 for. night of African
d= and other entertainment.
4. ~Qya! ofMinutesliorn MWemher 14, 1995 Meeting
The minutes were approved as amended.
s. Agenda OMan Additions. De~
CARRO Confer""", will DOW be Agenda Item flOA.
6. Dj$9I$:OOn dIm Cl.nfew and other mired i$.sut:s
Avnm Goldstein" ns Dolores Street, Palo Aha, p,oresso< Emeritus at Stanford
University. He Iw tived in the Palo Alto community for 40 years and is • mernbeJ
ofthc boord oCtlle American Civil Liberti .. Union ofNortllen> Car.romi. (A(llJ).
He believes that the government should nOl b. involved in legislating how p"rent.
rolate with 1heir cluldn:n.
Alan Schlosser. attorney for Ill. AC1.U in Northera Car,fornia. disn.ssed tn. letter
be wrote I<l Cound on July 13, 1994. This ~lter was dlstnbuted 10 lhe HRC.
Jacob BaIIoo, P<esic!enl ofPaio Alto Youth Council, 3366 Ross Roa~ presented both
the pro< and the cons of I curfew ordinance fi"om tlJe perspectlvo of 1he Yovth
CounoiI. He ""l'lained l11al the Palo Alto Youth Council bas mixed opinio"" On trus
issue. However .. the Youtll Ccunci3 ts in agreement 011 several points. Fin;t .. if the
City Council wtn to confinuc the curfew ord"tnane:e." fuel} teenagers Deed lio be
educated about the law and an its e;(ceptions. Secondly. routine monthly reports
need I<l cootlooe 10 be submitted. And fi"any. he asked thai 111. curfew come before
the City Council once I year t.o make SUre it is stin worthwhJle
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Bill Tocle .... 360 College Avenue. it I memb<r-ofthelocal ACLU, He said be has
been I Polo Aho residen! since 1913. He "'"""ed the previous speaker" opposition
10 Ihe curfew ordinance.
Alibis point, the NRC a.l:ed foe ItJE inpu~ D. Martin said Illat the Teen Curfew
iIan ...... puDed 6-om the OcIobe< 15 Counci!lger.d. in o<der 10 receive NRC input.
The Police WI then in<:orporate NRC inf'Clrnlation into their fina) staff report.
Chris Dwlcin, Police Chie( said thai tile Pofie< befilM thai the T ce. Curfew is """""*'" It is not intrusive and has reasonable ""coplions, V",(ence hat dropped
in Palo A.'Io and '1' .. ocdinanc:: sueH " this on< is used judiciously. il is another 1001
far law enfor<emenL The ir.tidenee or .h!ldren h<ing oot on the streets 'er:t late is
"great COII<COL In most e&ses, the parents do not know thet' their cluldr .. are out
!are rllIiglL Another problem is that ERst Palo Alto bas " curfew ordinance. If Polo
AIIo does "way .. ith their curlew, I "fi'ee zone" is ore&ted in Palo Alto, Polo Alto
lias I srerr repuIaIion in the law enforcement circle llld lS I CO!IlIllll1\ity. The Pofice
Chid' coocIuded hit remaru by staling Illat be would like this ordinance to stay in
place bec:ouR ~ does not ltave I nega1ivi effect on the youth and their activities. but
addreoses the needs that OR presenl.
Lynn Johnson, Assist'1\! Pofice Chief; .!wed inf'ormation the 1'000< ha" ,.thored
Iiom the evalualioG or the Curfew O"fUWlce in the past year and talked about what
is being clone by the Positive Alternative> far Youth M·bot Ccmmittee (JAY)
61% of the El yoollt stopped last Y<'" were while. Another issue reviewed, ",~jch
ICWaIly prompted the Pofice 10 go 10 Council rega",rUlg the ord'inanct last year. was
the level of criminal activily in the Addison and Venrura neighbomoods. During
CUIfew Iloun, the service calls bve decreased by 174" in the AdclSOO neighborf>ood
oDd have c!e=ased by 24% in the Venrura neighborllood. The number of arresu foe
violClll crimes, olcobol, &ad drugs have decreased signi6ca!\tJy. The Il21i! number
ofyOUtl8 people arrest~ increased trom 60 to 11 this last year. The increase of 11
also includes mlnor crimes.
The Palo Alto Police Department and the Positive Alternatives for YoWl committee
distn1mted surveys in order 10 assess youth needs in lJle community. The surveys
wer. olSlributed to continuation scheeTs. Mid·Peninsula School. Adolescent
Counseling Services. Polo Alto and GulUl High Sc1looTs. lLS. and Jordan Middle
Sc1>ool. 700 surveys wer. distributed and approximately 200 have been returned.
Several of !be .U!vey questions were related 10 Ille Ieen curfew. 57"/0 said no 10
CUIfew onforccmen~ 26''' said yes, and 174/0 said Illey dido't care because illlad DO
effect on their~.. 75% said the curfew did not make I o,fferenc< in their lives.
&1% said they had IlO'I<f h<eR Slopped lOr violatiO!l of the .u<few. 19% said the) had
been stopped. Wb .. the youtb WCTe asted ho", they were treated by tile pofice. Ill.
majc.-iIy responded neutral or with respect.
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L. 1oIwoa 5taled that the Pooitive A1tern.tiveHo< y""th Committee was working
well . Whatever potenlial prtlgtamS !he commit!"" recommends, Ihe .. Jtratogie •• cod
10 be community-bued with youth input.
S!atlsncs fi"om thiJ survey will be provided '0 \he City Counc~ through the Curfew
Ordinance StalfReport and the FlRC will be provided copi ...
W. Hausser asl:ed L. 1<>1'= if lIlY JlCOFr. ovo< 18 have beeD stopped under \he
ardizw>ce. L. JoIwon answered 00. T. Gurierrez asked ;ranyon. has b..", stopped
more than 0."".0. L. JoIu!= responded no.
D_ ML-tift askecI the y""th Counca bow tl>ey voted on 11le wnlinuafuln or the
o<cIirw>u. 1. Bailon ,esponded that seve. Youto Council memben voted foe
continuation and eigbt voted a.gainst the ordinance~s contln\l.luon. J. Balloa feels
that mosI teeN are agtinst the o<iftlWlC< because they do DOt have enough
lnfannatioo about iI.
T. 0JtieIT .. thanlc:.d the Po&., the Y ooth Council, aod members of the pubfic foe
eoming to the meeting and giving meir input. T. Gutierrez turned !he d'iSCUSsiOD 10
theHRC.
w. ~ bJnd that w~'1 the Youth c<>uncil .aid very much represented the spfit
about the curfew. He would likt 1:0 see at a mirimuIn.. U-.a1 reportI.rlg continue on I
regular basis, i>aJ5ing on woo is !><ing stopped. The Stanford student. over 18 that
ore being III<>pped are I OOOCenL
1. Sto"e said thai despite the fact that Ille Polk. have attempted '0 implement Ille
C\1Oew in • fair and even-handed way. s1>< feels!1lat there is still • basic problem
with having the curfew to< several r.aso~ Whea I cun"", is imposcl, Illere is
usually some son of civil emergency that needs to "be addressed. The same yoot1\.
wooJd be arrested 00 DOD-CUnt"lh-related crimes with or without the curfew
implemented, To continue the curfew on. general pr1r,ciple without there being a
dear and present danger is not I reasDc to take away general civil liberties.. J. Stone
IIJggested that aJtemativ~ metbod~ suclJ IS recommendations from. t11e PAY
eommittee: s'hoiJld be used for one year. She condudeO' by sta:ing that we shouJd
loot at other creative methods.
T_ L<» ",check asked the Polke iftlle curfew has aC!u.ny decreased Ill •• moont of
criminal acfi,.ity. L. JoMsoo rep~ed that lI1e ~.n. fOf service in Addison and
Ventura neighb,:,rhoods have decr.ased.
H Burroughs mentioned that it is interesting that .certain crimina! acts have
de:creased duri11g tbe curfew "hours, bUI that does not mean t.l:lat they were red'>Jced
because of'the curfew. L. Johnson res.l1oDd'ed that sl1e couldn·t say that the cu.rfe .... ·
is the ooIy !'actor in the reduction.
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L. Indersand said Ibai the sinsJinS 'XlI of I gFOUl' of peopl. in this case is DOl the
...". .. iiyou single OU! ""0 to (liCe. sender. tic. We ~.1>ituaDy and generally sing!<:
out youtIL This ordinAnce hu no! adversely &ffected youth. L. lndergand said she
would 'ppre<:iale • ealI from the po5ce if she had I cluld who ""as out late aD the
lime.
K Burroughs agre«! thai ii. ) 2 year old is out on the street late II nigr.t. he or she
should he Slopped. However. K Burroughs feels t~at I clu1d this age should he
stopped ttganIIcss of. <:ur!"ew law. C. DIJrlci. re.ponded that common sense would
tell. police o!Iic<r 10 slop lnd cbecl< stJCb .. vecurance, ev ... iflbere .... no curfew.
K Burrougbs ft:oIs!hal !he reasons !he curfew was implemenled in the lint place do
!lOt eC5IlII}IIl<n When "'" Ihinb of I curfew. she thinks of str~ and unnatural
~. She would Ilk. to S<e the police impose • curfew if tIIere is an
impelli.'l8 reason 10 bep it in ploce. otherwi<e she would like 10 see it SU"~ed.
W. Hausser agrees with !he curfew in regard, 10 I regiona! approach 10 things. (I<.
EuI Palo Aho has • curfew).
1\[01icD: W. lit" ...... moved tha! the HRC rtCommond 10 Ory Council appro,,"1
of contiuuinl the youtll carfew ordinanct -.it1I tht foDow~ng thrtt conditions:
1) Sobject to I.O.a1 review by the Cit)' Cuenci 2) Increased reportiD, or
der.iIs ill It:nDJ or people being stopped 3) Increased effort '0 Mllcate young
people about theonf'Ulance. L ludergaud secoDded' the motion.. Motion raRed
2104.
(Hausser an~ Indersand ia fovor; BurrOlJghs. Gutierrez. Lo\'.,.c~eck and Slone
oppoied)
Motioa: B. BUlTOoghs moved Challbt HRC recommend: 10 tf:t City Council
ChaC they I!otutend tbe existing curftw past OctGbu 31., 1995. T. Lc ... el'~bt-c:k
seconded .he motion. Motion .ppt'G\led" (t 2.
(Burroughs, Gutierrez. Loverchec<. and Stone in favor; Hausser and lndergand
opposed).
Motiua: T. Lonrcbeck moved' !hal if Counc) ,"utes 10 utend the curfew. thea
HRCwilt ask that tbe thrH (oDditions me-otionec5 ill CommissioDer Bau.sse"',
modo. be added to the ordinaDC'~ W. Hagner ~onded tbe m:)(ioll..
A1 this paint, 111. HRe asked Counca member Huber bow be would vol. o. the
condition of Ihe ordinance. He is Jearung towards not extencfing ~ ordinance, but
wanted to bear from the PeEce Department.
Motion oPP" ... d , 10 t.
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1, SUtuS of Aa~ PWaodlioa Ad Hoc TWtfQ(ce B,ecQmmmatkmJ
L. lJId..-gar.d l1\d T. Lovercllocl<, I~e .. signed rubcommitlee tha: met with the City
Manager, reponed back Ie the flRC. n.:y exp,.,>ed the ,.quests o. bebalf of!h.
fIRe r<pn\inJ !be Aggressive l'anhondling Ad-bot Committee. ne sub<ommitl ..
t<ltd !be City Manager IJIaI !h.:y .... ould like to ... the two remaining
~ from the Awessi.ve Panhandling Task Fo<<e report mov.lOrwar~
and DO(...,..,.,.;)y wail for &!lY po.,.'ble on!'","""" or legislatiol1 from 111e City. n..
City Manager said !hAt she is COIV'..emtd "";!h the City", Ibility to staff aoy "
~"';ttees and therefcro will Dot $d up any more coounitteeJ It lhis point in tim •.
Tbe City M.attBs .... c>lli« is currenl/y doing. report o. whlc1l cornrn;tlees and task
fortes are rneeMS OIll regutar 0< ad-be<; basis and ho", tJley .,.e st.al'Fed. The report
should be completed in wly 1996. ne mc will no! be see &!lY ... "Iioo from the
City Manas .... ofIice 1Inti! then. n.. C'!ty M3nager said t!-.at Ill. liRe is me I<> set
up • commiIt<e of their 0_ T. Loverc1>e.;k and L. Indergllld recommended I<) ~~.
HRC tlII.l !My J} set up • task fur"" to tontinue the discussion of
~ issues and 2) take issIJes bad:. 10 !he City Man.lger jflhore are
Ihing> \0 report. W. Rtusser .. ked if.wr support would I>e provided by the Office
of Hu_~ Servio<s. D. Martin respooded tha! tll.:y .o\)ld only assume additi"mal
6utks if ooe oCthe HlI.C'. other 1m too:es is sunsetted.
L. ~ bdieves that /he!a.slc fOrce sIIoold examine the issues and come up with.
Iho ~.tiol\S as 10 wiult the "mission" of the ongoing committ .. ,!\QuId be.
v.iul IyJ>e of ~p{e .nould .....,. o. it. .nd wh.t kind of issue. sl!oo!d they be
concentrating on.
T. I..ovest:1led< sugg~ tha: iftbe HRC agrees t<:J set up • task force, then Ute fIRe
slIould Iitst !lei up • subcommittee to ClSCUSS the mechanics oflb. task lOree.
T. G'Jtierrez tiked staff lOr I recap o. the recommendations of Il'.<, Aggressive
Panharnlling Ad-be<; Tcl Force. D. Marlin responded 1) revie\>.· tl-.. potential
implementation of the Aggressive Panhandling Or<fI1\~, Z) t5!.btlh a body to
create ~ commu,,;ty dialogue reganfmg hom*" issu,,", in the commurJty and 3)
purstle the provision of additional "homeless servk.es.
T.l.h..'ercbeck: $Ugge~ed t'hat the HRC focm • 5ubc'>rnmlrtee to review this is..~e in
more d.pth. The sub<:cmmittee "' .. selected. (R. BUtter, L. Jndergand, and T.
(.ov(rcbe.;k).
A per"'" in the ludienC< stated thl!! the ACW ... ould h'ke to be represen'ed on tho
Task fO!l:' .
Jor.alhan M''''er, from tbe Stanford Hom.Je~, AcrioD Coalition (SRAC), distributed
two bandouls. Ii< !lad attended the past Aggressive Panhandling Task Force
lIwfeeting' and reefs that tbere is I general C\:ln.sensus that the r~commenc!ations that
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have been diseus>ed are nwle<I, SHAC wouW.like \0 seethes. recommendations
SO tIu'o.Igh. He then read the lett ... be hande<l out
Kerry Crittendon. Homele .. Advocate for SHAC, taI1ced .bout the CIotlles Closet
SHAC meetings are being beld on Tuesday e .. enings, 1:30 pm at the All Saints
EpiJoopal Church. The cloth .. art being stO<td ot the Chm"" of Christ On
Middlefield Iload,
•. lliegu§iOQ pC formol fsx Nov;mbe:r rubrk fk1rjn,
'I'M DeXI IiRC meeting ....rn be held on November 9, 1995 in the City Hall Council
Cbarnb= The lint ~ item wiI! be the pul>lic bw'.ng on the "",net humin
aervic:e housing Deeds in !he commun.1y. A ~Y'" bas been designed and an ad will
be plaoed in the Palo Abo Weekly for clIe week of November I and B, The
NowzrM IiRC meeting ....rn be discIlsse<lll !he Human Ser,ioos Netwod meetiI1g
011 0cI0t>cr 20, 1995, The Public Hearing will "'" be cablecast because the Fmanc<
Committee is meeUn8 in the Council CorIerence Room.
9, Slafflle:port IIJd Cour.cil PQo<i:j ..
D. Martin reminded the IiRC about !he Human Services Netwod meeting on
October 20, 1995, II will be bold althe YMC .... H 12 lloss Road, If anyone bas any
agenda ~ems to add, !hey need 10 tall D. Martin by October 16
D. Martin lJUlOUIlCed that the Mid·Peninsula HoIlslng Coalition hu just bet.
awan!ed a $2 miIIio<1 dollar gr&nI from HUD 10 support !he construction of. bouslng
ccmpIex fOr !he dovelopmentaJly disabled. on !he comer ofPag. Mill and Ash. This
also includes operating subsidies so those "';'.h little or no income un be served,
This was the only award' for disabled housing in the 14th Congressioruol Olstrict.
Construdion wi!! begin sometime aft., the F eden! fiscal year, The Mid-Peninsula
Housing Coalition tJ..a.'lked the liRe for !heir letter of support
1. Stone I'CpOI1A>! on the Councl priority and distributed the new woraLng. The IiRC
came up with I more refined statement.. The Coonctl meeting 10 implement the~
priorities is on Oct"ber 30,
10. PiscusslPQ of CAHRQ Cc~
The CARRO Conf~is October 12 and 13, 1995. W. Hausser....rn otlendthe
afternoon workshops on affirmative action.
11. City Cooq Oral Cornmur.?catjons A$sigl'\m~
'I'M Cwfew O"I"=e is tentatively scbeduled \<l go 1Q Council on Novl:'TTlber ll.
12. ComrrJ,siQner Rcmorts
1. StOlle announ<:e<I foe H Burroughs that the P05itive Ahem.trves for Youth
committee meeting will be at ill. Downtown Library on October 23, at I :30 pm.
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J. Stooe zoported th;ot du.-ing 111. last m .. fu1g of.the DA TF, the HllC recommended
• ~ period in wbicb the task rocco would not offielally meet. Is"" .. that
have been lessening the group, effectiveness will be looked into and strategies ,.".n
be developed. This reorganiutioo proc ... "ill talc. roughly 4 10 6 """'ths.
T. GuUerr .. annour><ed that the Family Resource C~ter focu. groups have been
od!eduIed. The b:u. groups will begin 00 October II. There are rUne lOcus groups
Iha! ,..JI meet
T. Gutierrez also ar.nour><ed Iha! l11e subcommittee on planrung l11e affirmative
IoCIioo program m<t. Th. group consisted of W. Ha=, T. Gutierrez, and '1.
LoverchecL They recornm<nded Il-.at ~'te IiRC proceed with the progr.!'Il ill hte
'''''''' or early February. They want 10 pub!iclz. it in I co1W>orativ. fashlo!> by
invoMng Hlle task Coree. and committees &.1d encourage assistance from Ml' AC,
the Palo Alto Weekly, the libraries, thel.eague of Women Vot ..... AAUW, ACW,
NAACP, IIId other mtere1ted group •. However, T. Gutierrez recommended that if
the HR.C .,"'"'" 1eadenhip of L'>e Homeless Tule Fore<, the. Ii,.t would lalce
priority over the Alfumative Action Public Hewg.
T. Lovercheck m<nlioned that the subcommittee thought 1ll.1 they should continu.
mining the issue. The subcommittee will meet agai. before the om mee~ng
T. Gutierrez read L. Indergmd". report The Another Way C<>mmiltee is talking
obouc c!oins' funclniser. The Diversity Network is malOng I .. ries oCvilleo tapes
to be loaned oot lOr .. nsitivity training
T. Lov1:rtI>e<l< repcrted \hal the Media:;". Program met 00 ~ptember 21, ! 995 and
thai they have included an outrov..lo committee and a multi-party issue committee.
U. AmtoyncemrntS
There were none.
14. Cail m Agend. r=
J...."'port from the affirmauvt action subcommittee
Report from the Homeless rask Force SUbcOrn:IIllfu:e.
IS. The meeling w ... djournmeru at 10:25 pm.
Hallie Wld!ow.lnterim Staff Secrtla,y
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