HomeMy WebLinkAboutMINUTES - 11051991 - IO.7 TO: BOARD OF SUPERVISORSs!_,-�. ,o
1 Contra
FROM: INTERNAL OPERATIONS COMMITTEE
Costa
n. 's
October 28, 1991 County'o:=
DATE: srq-coup
STATUS REPORT ON THE IMPLE14EN`T'ATION OF THE COUNTYWIDE DRUG AND
SUBJECT: ALCOHOL ACTION PLAN, INCLUDING PROPOSAL FOR A "KEGGER
ORDINANCE"
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Introduce the attached Ordinance "Juvenile Gatherings" , more
commonly referred to as a "kegger" ordinance, waive reading
and fix November 19, 1991 for adoption of the Ordinance.
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2 . Fix Tuesday, December 3 , 1991 at 11:00 A.M. for a public
hearing pursuant ,to Government Code Section 6062a lin order
to fix the Sheriff' s Service Fee for purposes I of the
Ordinance and direct the Clerk of the Board to comply with
the publication requirements of Government Code Section
6062a.
3. Endorse the status report from the Health Services Director
as set forth in the attached memorandum dated October 23,
1991, express the Board' s appreciation for alll of the
activities which are under way and approve the agenda and
plans for the Coordinating Committee meeting on November 21,
1991 .
4. Express the Board' s appreciation to John Gregory .in the
County Administrator' s office for convening staff from the
various department and coordinating the County' s. Red Ribbon
Week activities, as is set forth in the attached memorandum
from Mr. Gregory.
5. Request the Health Services Director to make a further
report to our Committee on -the status of the implementation
CONTINUED ON ATTACHMENTYeS YES It SIGNATURE:
RECOMMENDATION It.
ATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE
SIGNATURE(S): SCHRODER. ASUXNE WRIGHT McPEAK
ACTION OF BOARD ON November 5, 1991 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ~� ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED NOV 5 1991
Please see Page 2. PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382 (10/88)
I .O. -7
of the Countywide Drug and Alcohol Action Plan on November
25, 1991.
BACKGROUND:
On October 1, 1991 the Board of Supervisors approved our most
recent status report on this subject. On October 28, 1991 our
Committee met with the Health Services Director, County Counsel
and John Gregory from the County Administrator' s Office. We
reviewed the attached memorandum transmitting the proposed
"kegger" Ordinance and the terms of the Ordinance itself, we
reviewed the attached memorandum from the Health Services
Director providing a status report on various activities which
are taking place in relation to alcohol and drug program and we
reviewed the activities which took place during. Red Ribbon Week,
as is reflected in the attached memorandum from John Gregory.
We are pleased to recommend the introduction of the "kegger"
Ordinance, which is based of similar ordinances which have been
adopted in other cities in the County, beginning with the City of
Concord. The Ordinance makes it illegal for any person to permit
a gathering on private property where five or more persons under
the age of twenty-one ( 21) are present and where alcoholic
beverages are in the possession of or are being consumed by any
person under the age of twenty-one ( 21) . The Ordinance provides
that if a Sheriff' s Deputy responds to a call and determines that
there is a threat to the public peace, health, safety, or' general
welfare of the public and warns the person responsible for the
gathering that if he or she has to respond again there will be a.
charge of not to exceed $500 to cover the cost of the sheriff ' s
personnel and other defined costs as identified in the Ordinance.
In addition, the second and subsequent responses can result in
arrest or citation or both for violations of the Penal Code or
other provisions of the Ordinance Code.
We are also pleased with the number and variety of activities
which are taking place and which are being supported or provided
by Health Services Department personnel. We are also most
pleased with the number of activities which took place during Red
Ribbon Week.
We will continue to receive status reports from the Health
Services Director on a monthly basis and will report the
highlights of those reports to the Board of Supervisors.
cc: County Administrator
County -Counsel
Health Services Director
Alcohol Program Administrator
Drug Program Administrator
Kathy Padro, Alcohol & Drug Programs, HSD
Joyce White, Alcohol & Drug Programs, HSD
Vic Colman, OSAP Project Coordinator, HSD
John Gregory, County Administrator' s, Office
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: October 22 , 19 91
To: Internal Operations Committee
From: Victor J. Westman County Counsel*/
Re: Proposed Juvenile Gatherings Ordinance
Attached is a draft of the above subject ordinance. We provide
the following comments on it:
1 . The draft is primarily drawn from a similar City of Concord
draft and suggestions thereon received from the Sheriff ' s Department.
2 . Public notice for the fee fixing portion of the ordinance
will be required pursuant to Government Code sections 66016 et seq.
In particular, appropriate notice must be published pursuant to
Government Code section 6062a . (Gov. Code, § 66018 (a ) . )
3 . No administrative appeal is provided in the draft for fee
levies .
4 . The Health Services Department has been consulted concerning
this proposed ordinance .
5 . Also attached is a possible draft order for any Committee
action.
VJW/jh
cc: Health Services Dept .
Sheriff-Coroner
J-l:a:\IOC,f
ORDINANCE NO. 91 -
(JUVENILE GATHERINGS ORDINANCE)
The Contra Costa County Board of Supervisors ordains as follows (omitting
the parenthetical footnotes from the official text of the enacted or amended
provisions of the County Ordinance Code):
SECTION I : Chapter 54-3 is added to the County Ordinance Code to read:
CHAPTER 54-3 JUVENILE GATHERINGS
54-3.001 FINDINGS. The board of supervisors hereby finds: (1)
that gatherings on private property where alcohol is consumed by
juveniles area nuisance in Contra Costa County; (2) that
problems associated with such gatherings are difficult to
resolve unless the sheriff's department has additional authority
to abate such nuisances on private property; (3) that the
sheriff' s department's ability to abate such nuisances will
result in a decrease in juvenile abuse of intoxicants, physical
fights, vandalism, and noise disturbance; (4) that the abatement
of such nuisances is necessary when they are a threat to the I
peace, health, safety, or general welfare of the public; and (5)
that the sheriff' s department has frequently been required to
make return calls to the location of such gatherings in order to
abate such nuisances, thus sometimes leaving other areas of the
lnjy with inadequate law enforcement protection. (Ord. 91-
54-3.002 DEFINITIONS. The definitions in this chapter and in
this ordinance code govern the construction of this chapter,
unless the context otherwise requires. In the case of any
conflict between the definitions of this chapter and the
ordinance code, this chapter's definitions shall prevail .
(a) Gathering. A gathering is a group of persons who
have assembled, or are assembling, for a social occasion
or for a social activity.
(b) Sheriff's Services. Sheriff' s services include the
salaries of sheriff' s department personnel for the amount
of time actually spent in responding to, or in remaining
at, a gathering at a rate established by resolution of the
board of supervisors, the actual cost of any medical
treatment to injured sheriff's department personnel , and'i
the actual cost of repairing any damaged county property..
(c) Person(s) Responsible for a Gathering. The person('s)
responsible for a gathering are the person(s) who owns,
rents, leases, or otherwise controls the premises at which
the gathering takes place, the person(s) in charge of the
premises, and/or the person(s) who organized the
gathering. If this person is a minor, the parents or
guardians of that minor will be jointly and severally
liable for the costs incurred for sheriff's services.
(Ord. 91- , § 1. )
54-3.003 UNLAWFUL JUVENILE GATHERINGS ON PRIVATE PROPERTY. No
person shall suffer, permit, allow, or host a gathering at his
or her place of residence or other private property under his or
her control where five (5) or more persons under the age of
twenty-one (21) are present and where alcoholic beverages are in
the possession of, or are being consumed by, any person under
the age of twenty-one (21) . (Ord. :91-_, § 1. )
54-3.004 SUBSEQUENT RESPONSE SHERIFF`S SERVICES. When an
unlawful juvenile gathering on private property occurs and a
deputy sheriff .at the scene determines that there is a threat to
the public peace, health, safety,; or general welfare of the
public, the person(s) responsible for the gathering is liable
for the cost, but not for less than the sheriffs' service's fee
established by section 54-3.005, 'of providing sheriff's services
for a second response and subsequent responses by the sheriff's
department, providing that the deputy sheriff has given a first
warning to the person(s) responsible for the gathering to abate
the threat to the public peace, health, safety, or general
welfare of the public. The second response and subsequent
responses may also result in arrest or citation or both for
violations of the Penal Code or other provisions of this code.
(Ord. 91- , § 1. )
54-3.005 SHERIFF'S SERVICES' FEE. The sheriff's services' fee
shall not exceed five hundred dollars ($500) for a single
gathering, provided, however, that the county does not hereby
waive its right to seek reimbursement for actual costs exceeding
five hundred dollars ($500) through other legal remedies. The
sheriff' s services' fee shall be deemed a debt to the county
owed by the person(s) responsible for the gathering or, if he or
she is a minor, by his or her parents or guardians. Any person
owing a sheriff' s services' fee shall be liable in an action
brought in the name of the county for recovery of such fee,
including reasonable attorney' s fees. (Ord. 91-^, § 1 . )
SECTION II. SEVERABILITY. The board declares that, if any portion of this
ordinance and chapter is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of
this ordinance and chapter. The board, further declares that it would have
adopted this ordinance and chapter irrespective of the fact that any one or
more sections , subsections, sentences,: clauses, or phrases, or portions
thereof, may be declared invalid or unconstitutional . (Ord. 91-_, § 2. )
ORDINANCE N0. 91-
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Page 3
SECTION III: EFFECTIVE DATE. This ordinance becomes effective 30 days after
passage, and within 15 days of passage shall be published once with the names
of the supervisors voting for and against it in the ,
a newspaper published in this County.
PASSED ON by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: . PHIL BATCHELOR, Clerk of
the Board and County Administrator
By
Board Chair
[SEAL]
PSA\jh\ct
(10-15-91)
(10-21-91)
J-1:a:\a1cohol.ord
ORDINANCE NO. 91-
To: BOARD OF SUPERVISORS Contra
FROM: Internal Operations Gommittee = ' Co`CCi��ta
..r
County
DATE. October 21, 1991
I
SUBJECT: Juvenile Gatherings on Private Property
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)A BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt the attached ordinance making certain juvenile
gatherings on private property a misdemeanor and establishing a
Sheriff ' s services ' fee for such gatherings requiring a ,second
response and subsequent responses by the Sheriff ' s Department' s
personnel .
REASONS FOR RECOMMENDATIONS/BACKGROUND:
Gatherings on private property where alcohol is consumed by
juveniles are a nuisance in the County, contributing to juvenile
abuse of intoxicants , physical fights, vandalism, and noise
disturbance. Such nuisances should be abated when they pose a
threat to the peace, health, safety, or general welfare of the
public . Therefore, the Sheriff needs additional authority to
abate such nuisances on private property and a Sheriff services '
fee to be imposed when a second response and subsequent responses
are needed to abate the nuisance .
I
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CONTINUED ON ATTACHMENT: YES
SIGNATURE.
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT$a
APPROVE OTHER
SIGNATURES
APPROVED AS RECOMMENDED OTHER
ACTION OF BOARD ON
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS!S A TRUE
UNANIMOUS(ABSENT. ► AND CORRECT COPY OF AN ACTION TAKEN
AYES' NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: Sheriff-Coroner ATTESTED
Services PHIL BATCHELOR.CLERK OFTHE BOARD OF
Health SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Service
BY DEPUTY
M382 0 88)
Contra
The Board of Supervisors Costa Health Services Department
Tom Powers,1st District County
Nancy C.Fanden,2nd District 1
Robert 1.Schroder,3rd District sOFFICE OF THE DIRECTOR
Sunne Wright McPeak,4th District
; Mark Finucane,Director
Tom Torlakson,5th District
Administrative Offices
County Administrator _ s 20 Allen Street
�o Martinez,California 94553
Phil Batchelor ��., (415)646-4416
County Administrator °Srq c-----
TO: Supervisor Robert I. Schroder
Supervisor Sunnfirector McPeak
INTERNAL ,OPERA MITTEE
i
FROM: Mark Fin cane
Health Services
I
SUBJECT: Update on Countywide Drug and Alcohol Action Plan
DATE: October 23, 1991
The following is a report from the Health Services Director on the
status of the implementation of the Countywide Drug and Alcohol
Action Plan.
* Kegger Party Ordinance - Given over to County Counsel. They
indicated that they would draft a County ordinance and forward
to this Committee by October 28, 1991.
* Designated Driver - Regional Coordinators have been contacted
and requested to assist in the implementation of the
Designated Driver Program. In addition, the Police Chief's
Association, the various chambers of commerce (through the
Contra Costa Council of Chambers of Commerce) , and the Alcohol
and Drug Advisory Boards have been asked to work with the
CASA's in the implementation of said program. The Sheriff, in
collaboration with the Health Services Director, would like to
give a presentation to the Board of Supervisors to signify the
County's involvement when the holidays are near.
* Planning for the next meeting of the Countywide Coordinating
Committee continues this month. On September 9, 1991 a draft
proposal was presented and accepted by IO Committee. Feedback
to the draft plan came from several sectors: the various
county regions (including OSAP Community Partnership) and the
Health Services Department representatives.
The meeting site, as previously noted, is at St. Mary's
College for Thursday a.m. , November 21, 1991.
I
Membership / participation has been defined as follows: each
region will confirm existing or identify new names for the
following organizational membership categories: city
officials, education, business, media, service clubs and
County Department heads. Each region will also confirm
existing or identify new names to ensure representation from
all sectors of the community including, but not limited to
sectors such as: youth, clergy, business, parents, seniors,
educators, etc. If a region is unable to provide a specific
name for one of the above sectors then an invitation will be
sent to the organization requesting a representative.
Invitational letters will then come from the Board of
Supervisors, and that letter will be sure to acknowledge the
nomination source as the region. Written progress reports by
the regions and the County will be included in packet to be
mailed to meeting participants' prior to the event. They agenda
is attached to this report.
* The Contra Costa Prevention Institute kicks off at the
beginning of November in South County. Confirming letters were
sent to the participants, which for this first training number
around eighty. The first of the five trainings is: 11Community
Organizing: Community Change". This training will be taking
place at the Danville Congregational Church, 989 San Ramon
Valley Blvd. , Danville on Friday, November 1 - Saturday,
November _ 2 . Registration begins at 12: 30 p.m. on Friday
afternoon.
As one of many Community Partnerships across the country, we
are quite fortunate to have the Office of Substance Abuse
Prevention (OSAP) , through the Circle (a training sub-
contractor of OSAP) , provide these key trainings, free of
charge, right in our backyard. The trainings will be;
hosted
by each of the regions in turn.
* "Clergy Forum on Substance Abuse" - a series of luncheon.
presentations will be held over the next several weeks at the
Faith Lutheran Church in Pleasant Hill. These workshops,
sponsored by Health Services Department in coordination with
an area clergy committee, are a follow-up to the successful
Clergy Symposium which was held last spring. A flyer is
attached to this report.
* A presentation on drug-free workplaces will be co-presented by
Bob Kadjan and Kathy Padro, both of Drug and Alcohol Program
Administration at the San Ramon Regional Medical Center on
November 1, 1991. A flyer is attached to this report.
DRAFT-DRAFT-DRAFT
THE ACTION PLAN
COUNTYWIDE COORDINATING COMMITTEE
November 21, 1991 (Fall Meeting) : St. Mary's College
AGENDA
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8: 30 a.m. Continental Breakfast and Registration
9: 00 a.m. Welcome: Supervisor Nancy Fanden / Marty Fischer
Brother Mel Anderson, President St. Mary's College
9: 05 a.m. Vision for Countywide Coordinating Committee:
Board of Supervisors
9: 30 a.m. Recognition of Action Plan Initiatives
(15 minutes apiece for each region and the. County)
11. 00 a.m. BREAK
11: 15 a.m. Small Group Work (broken out by interest groups,
i.e. , public policy, education, law enforcement)
Based upon written progress reports and your own
knowledge, discuss the following in groups.-,
* How would you evaluate progress of thel Action
Plan to date?
* What should be the Action Plan priorities for
1992?
* What role should the Coordinating Committee play
in 1992?
* What guidance would you give for the next meeting
of this group?
12: 10 p.m. Brown Bag Lunch provided
12 :25 p.m. Small Groups Report (while participants eat lunch)
12 : 50 p.m. Closure
Supervisor Sunne McPeak
1: 00 P.M. ADJOURN
C
LER 'FOR :ON -S T `C E
An opportunity for education, networking, and dialogue among religious leaders and prevention professionals
**LUNCHEON PRESENTATIONS**
11 a.m. - 1 p.m.
Wednesday, October 30 DE-MYSTIFYING CHEMICAL DEPENDENCY. How!do I
kno)v?.. What are the signs?
(Everything you didn't learn in seminary about alcohol and other drug abuse)
Wednesday, November 6 BREAKING THE CYCLE. Intervention Training for Clergy
(Special techniques & Role Playing...Sharing by a person who has been intervened on)
Wednesday, November 13 THE KODAK GENERATION. Overexposed and Underdeveloped
(Substance Abuse Prevention Strategies for Youth Ministry and Teen Groups) 1
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Wednesday, November 20 RESPONSIBLE HOSPITALITY. Sgfe and Healthy Celebrations
(Creative Ideas Addressing Alcohol, Social Events, and Fundraising in Church Settings)
HOST LOCATION:
Faith Lutheran Church, 50 Woodsworth Lane, Pleasant Hill
(Off Contra Costa Boulevard - one block north of Gregory Lane)
Join us for lunch, information, and dialogue
Classes are self contained, so you may attend one or all four
No fee but space is Iimited. Please respond by October 19.
A COMMUNITY SERVICE OF CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT
ALCOHOL AND DRUG PROGRAM ADMINISTRATION
IN CONJUNCTION WITH AN AREA CLERGY COMMITTEE
RESERVATION FORM
NAME AND TITLE AFFILIATION
••I
G
ADDRESS PHONE (DAYTIME)
Mail by Oct. 19, 1991 to: K. Padro
OTHER PARTICIPANTS IN YOUR GROUP 595 Center Avenue, Suite 200
Martinez, CA 94553
(510) 313-6399
DATES OF WORKSHOPS REQUESTED
* Lunch and workshop free; space limited.
A A V-A1nTNTr,"Vj-TTP Tenn A T1nTT(' V"Fr( ( 0TSTTTT A #-OQTA 4
v '
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WOO
"CHALLENGE OF THE 90'S:A DRUG FREE WORKPLACE"
i
* Current information by trained professionals
* Resource and educational materials
* Workplace Training and Policy Guidelines
* Opportunities to learn about local community
prevention efforts
PRESENTERS: Robert Kajdan, M.A. Drug Program
Supervisor, Contra Costa County
Drug Program Administration Department
Kathy Padro, Prevention Services j
Coordinator, Contra Costa County Alcohol
and Drug Program Administration
TIME: LUNCHEON BUFFET
Friday, November 1, 1991
11:00 am - 1-:30pm
- LOCATION: Blackhawk Conference Rooms A & B
San Ramon Regional Medical Center
6001 Norris Canyon Road
San Ramon, CA. 94583
TO R.S.V.P.: Please call by October 26, 1991
Dee Grimmick (510) 275-8365
AGENDA
1. Overview
11. Process and Definition of Addiction
III. Film: "Drugs At Work"
IV. Identification and Documentation
V. Referral
VI. Drug Free Workplace Act
VII. Tour of New Beginnings Chemical Dependency
Unit at San Ramon Regional Medical Center
� J
OFFICE, OF THE COUNTY ADMINISTRATOR
C 0 N T R A C 0 S T A C 0 U N T Y
Administration Building
651 Pine Street, 11th Floor
Martinez, California
DATE: October 24, 1991
TO: Supervisor Robert I. Schroder
Supervisor Sunne Wright McPeak
INTERNAL OPERATIONS COMMITTEE
FROM: Claude Van Marter
by John T. Gregor4l!11*�
SUBJECT: FINAL REPORT ON RED RIBBON WEEK
As requested, this is a final report on the preparing of a
schedule of activities which were to take place during RedlRibbon
Week.
Members of the ad hoc Red Ribbon Week met once again on September
19, 1991 to share efforts on red ribbon activities. Fr6m that
meeting each represented department prepared an activity log
shown as Attachment 1. A deadline of September 30 was used for
compiling all activities into a red ribbon calendar.
With the assistance of Ellen Huey' s desk top publishing skills,
all of the various departments' activities were put into the
format shown as Attachment 2. This calendar was distributed to
departments for their attention and channeling of info ion,
regarding red ribbon week, to their employees. 7a
As indicated, the major county departments with the majority of
county employees participated. It can be anticipated that county
employees were well informed about Red Ribbon Week activities.
JTG:nrl
redribn
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