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Home My WebLink About5.2 MonroviaCtyDayCurfews . . . ~ CITY CLERK File # D~~[Q]-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 1, 1997 SUBJECT: Written Communication: Request from the Monrovia City Council to support Assembly Bill 1151 (Goldsmith) regarding the implementation of daytime curfews. Prepared by: Lt. Charles D. Farruggia, Dublin Police Services EXIDBITS ATTACHED: Letter from Mavor Rohert T. Bartlett, City of Monrovia Draft letter to State Legislators 1) 2) RECOMMENDATION: ~ 1) Authorize Mayor to send letters of support (Exhibits 2 & 3) FINANCIAL STATEMENT: Should AB 1151 be enacted, Dublin Police Services will be able to carry out the provisions of the bill without impacting the City's general fund. DESCRIPTION: On June 5, 1997, Mayor Houston received a letter from Mayor Robert T. Bartlett, City of Monrovia, writing on behalf of the Monrovia City Council to request support for Assembly Bill 1151 (Goldsmith). The letter specifically asked that the City of Monrovia be allowed to list the City of Dublin as a proponent of AB 1151; and that the City of Dublin send a letter to its state legislators informing them of our support for AB 1151. The California League of Cities summarized AB 1151 as follows: Current law authorizes specified individuals to arrest or assume temporary custody, during school hours, of any minor subject to compulsory, full-time education or compulsory continuation education. Under current law, local municipalities may enact curfew ordinances. In addition, the police are authorized to stop persons they suspect are truant. AB 1151 is intended to encourage youth to be in school when required to be in school. Communities having local ordinances allowing these provisions have experienced increases in school attendance and graduation and decreases in juvenile crime. AB 1151 creates a daytime curfew during regular school hours for youth who are required to attend school. Specifically, this bill: 1) 2) Makes it an infraction for a minor to loiter, as specified, when school is in session. Allows an agency issuing a citation to withdraw the citation or the court to dismiss or reschedule the hearing depending upon parental explanation of the minor's absence from school. Provides for these infractions to be heard by a traffic hearing officer for disposition. 3) ------------------------------------------------------------------- COPIES TO: ITEM NO. ;.2 Hlcc-forms/agdastmt.doc "l 4) Provides for specified affirmative defenses to the infraction. 5) Specifies penalties ranging from fines of $50 or $100 to the suspension, or prospective suspension of driving privileges for six months. 6) Requires the Legislative Analyst to submit a report on the effectiveness of these prOVISIOns. . Mayor Bartlett stated in his letter that 70+ California cities have recently instituted daytime curfews. In the City of Monrovia alone, daytime crime has been reduced by an average of 56% since the enactment of their daytime curfew. The positive impact of this curfew far outweighs any inconvenience it may cause youth who are legitimately absent from school. Staff recommends that the City Council authorize the Mayor to send a letter to the State Legislators and the City of Monrovia supporting AB 1151. . . -;2.- ~ ~ity of MONROVIA RECE!VF=ri -.~ ~I^'Z'i . mr ;/' :", .; j,'l - "99- ........ .... I ,>i' ~ I CITY 0r UU':. '. O:""i('i 1887 Office of the Mayor and the City Council May 23, 1997 The Honorable Guy W. Houston Mayor of the City of Dublin 100 Civic Center Plaza Dublin, California 94568 Dear Mayor Houston: I am writing on behalf of the Monrovia City Council to requ-est yours-uppolifor-AB -1151 (Goldsmithr- As- you may know, this bill concerns the implementation of daytime curfews as a tool to combat pre-delinquent behavior among youth. . As the bill works its way through the State Legislature, it is critical that cities band together and contact their respective state senators and assemblymembers to voice their support. By requesting your city's assistance, we ask that 1) the City of Monrovia be allowed to list the City of Dublin as a proponent of AB 1 151; and that 2) the City of Dublin sends a letter to its state legislators informing them of your support for .-\B 1151. The City of Monrovia is involved in a lawsuit over the issue of daytime curfews. This bill would codify Monrovia's daytime curfew ordinance in state law, and put to rest some of the accusations leveled at our City and Police Department by the lawsuit. The lawsuit also includes some very disturbing claims that are reflected in the Legislative Analyst's Report that accompanies AB 1151. Unfortunately, the Analyst's Report relies heavily on the plaintiffs and their lu\:;.su1! fa;, dct~il:;, WId dc~~ ;Jot prc./ide all 3CCUf.1te pich~re oftne S;tllCitio!!. To help ensure your city's cooperation and support, I would like to set the record straight Community support for the ordinance has been overwhelming. Public schools and their parents, as well as a number of home school parents and ministers, have pledged their support to the ordinance, and applaud the positive impacts of the daytime curfew. Despite claims of police harassment, only one home school parent has complained that her children were unreasonably stopped and questioned. . Perhaps most disturbing is the accusation that Monrovia Police Officers reportedly drew their weapons on youngsters reaching for their school passes. Despite numerous requests, neither the City Council, Monrovia Police Department nor anv other law enforcement a2:encv have ever received any information that - ~ . substantiates this claim. The City has earnestly tried to work with the opponents of the daytime curfew. A series of meetings yielded several compromise positions, including the issuance of off-campus school passes and allowing a local 1 EXHIBIT 1 . minister to distribute the passes. Unfortunately, none of these modifications appeased the small group of . individuals who seem categorically opposed to the concept of a daytime curfew. Yet Monrovia and the 70+ California cities that have recently instituted daytime curfews must not allow well-planned, well-implemented anti-truancy efforts to become targets of malicious attacks. Consider the overwhelmingly positive impacts that a daytime curfew has had in Monrovia: Truancy/Absences DOWN 44.6% Vandalism Student Drop-out Rate DOWN 54% Drug Activity Expulsions DOWN 50% Weapons Offenses Residential Burglary DOWN 61% Runaway Juveniles Theft DOWN 55% Fights in Progress Grand Theft Auto DOWN 50% DOWN 49% DOWN 57% DOWN 74% DOWN 64% DOWN 57% With the future of our children and our communities literally hanging in the balance, how can we afford a stalemate on this issue? By keeping kids in school, off the streets, and away from gangs and drugs, their chances for success in life increase sigmficantiy. Through our highly praised Safe City/~afe School program, Monrovia has acted as a test-case for other jurisdictions. In July 1996, President Clinton proclaimed our program as a model for the entire nation. As a pioneer in this area, Monrovia helped establish the parameters for a policy strategy and infrastructure to combat a complex problem that has grave repercussions. As I stated above, AB 1151 would codify the implementation of daytime curfews in state law. This will help communities more easily establish and enforce daytime curfew ordinances. The constitutional . authority to enact daytime curfews already exists, and California case law has established legal precedents to support anti-truancy laws. AB 1151 makes use of this legal framework., and will allow cities to create effective programs that truly hold youngsters accountable for their actions. Attached for your review is a statistical analysis of the results attributed to Monrovia's daytime curfew ordinance. I hope you will use this information in your letter to your elected representatives in Sacramento. If I, or any of the City staff, can be of any assistance to you in this matter, please contact either City Manager Don Hopper or Police Chief Joe Santoro. Thank you for your cooperation and support in this matter. Respectfully, &&~ Robert T. Bartlett Mayor Attal:hment . ;z.. . . . DAYTIME CRIME Sept. 1 - June 30 Monday - Friday, 8:00 A.M. - 6:00 P.M. 1993-94 to 1995-96 "::':::';:;::~.':-X:;-':' ~~::: ::~ijI1~i' ':::-~~' ;~I .. CRIMINAL HOMICIDE 0 0 1 N/A FORCIBLE RAPE 2 0 0 -50% ROBBERY - Total 24 16 16 -33% Robbery - Attempt 3 2 2 -33% Robbery - Commercial 7 6 5 -29% Robbery - Person 13 8 9 -31% Robbery - Residential 1 0 0 -100% ASSAUL TIBA TTERY -Total 117 67 49 -58% BURGLARY..;, Total 283 180 130 -54% Burf[lary - Commercial 67 58 29 -57% BurJ;lary - Residential 111 62 43 -61% Burf!larv - Vehicle 105 60 58 -45% THEFT - Total 366 217 192 -48% Theft - Attempt 6 1 1 -83% Theft - Bicycle 42 4 7 -83% Theft - Grand 97 59 36 -63% Theft- Misc 18 6 3 -83% Theft - Petty 203 147 145 -29% GRAND THEFT AUTO (GTA) - Total 113 67 51 -55% GT A - Attempt 13 9 6 -54% GTA - Automobile 67 38 34 -49% GTA - Motorcvcle 1 0 I 0% GTA - Other Type 5 4 I -80% GT A - TruckIBus 27 16 9 -67% ARSON 1 0 1 00/0 OTHER- Total 1058 602 555 -48% Child Annoyinf!/Indecent Exposure 11 6 6 -45% Disorderlv Conduct/Disturbance 416 247 206 -50% Druf! Activity 95 48 44 -54% Fif!ht In Pro)!ress 49 18 21 -57% Receivinf! Stolen Property 5 4 3 -40% Runaway Juvenile 33 11 12 -64% Shop/iftinf! 22 6 9 -59% Suspicious Person 237 150 162 -32% Vandalism 171 99 87 -49% Weapon Offense 19 13 5 -74% E . July 2, 1997 Senate Member Richard Rainey 3086 State Capitol Sacramento, CA 95814 Dear Mr. Rainey: The purpose of this letter is to advise you that on July 1, 1997, The Dublin City Council discussed the pending Assembly Bill 1151, which proposes the implementation of daytime curfews as a tool to combat pre-delinquent behavior among youth. This bill would permit peace officers to cite minors who are truant, and loitering in public, during regular school hours. Absent a valid excuse, the student, and his or her parents, would be required to appear before a traffic court judge to explain why the child was truant. . Today, truancy has become a major problem in this country that negatively influences the future of our youth and costs taxpayers thousands of dollars. Although truancy's financial burdens are considerable, its cost cannot be measured in dollars alone. Students who miss school frequently are often unable to develop interpersonal relationships or gain the knowledge and skills they will need for future employment. For a growing number ofyout~ truancy may be a first step to a lifetime of unemployment, crime, and incarceration. Unfortunately, truancy often leads to dropping out of school, delinquency, and drug abuse, it may even be the precursor to adult crime. The City Council of the City of Dublin therefore supports the passage of Assembly Bill 1151. If you have any questions, please feel free to call me at (510) 833-6605. Sincerely, Guy S. Houston Mayor cc: Mayor Bartlett, City of Monrovia City Council Members . GSHJgt 'I EXHIBIT 2 . . . July 2, 1997 Assembly Member Lynne Leach 4015 State Capitol Sacramento, CA 95814 Dear Ms. Leach: The purpose of this letter is to advise you that on July 1, 1997, The Dublin City Council discussed the pending Assembly Bill 1151, which proposes the implementation of daytime curfews as a tool to combat pre-delinquent behavior among youth. This bill would permit peace officers to cite minors who are truant, and loitering in public, during regular school hours. Absent a valid excuse, the student, and his or her parents, would be required to appear before a traffic court judge to explain why the child was truant. Today, truancy has become a major problem in this country that negatively influences the future of our youth and costs taxpayers thousands of dollars. Although truancy's financial burdens are considerable, its cost cannot be measured in dollars alone. Students who miss school frequently are often unable to develop interpersonal relationships or gain the knowledge and skills they will need for future employment. For a growing number of youth, truancy may be a first step to a lifetime of unemployment, crime, and incarceration. Unfortunately, truancy often leads to dropping out of school, delinquency, and drug abuse, it may even be the precursor to adult crime. The City Council ofthe City of Dublin therefore supports the passage of Assembly Bill 1151. If you have any questions, please feel free to call me at (510) 833-6605. Sincerely, Guy S. Houston Mayor cc: Mayor Bartlett, City of Monrovia City Council Members GSH/gt 5