02.08.18CITY OF CUPERTINO
AGENDA
PUBLIC SAFETY COMMISSION
6:00 PM
10300 Torre Avenue, City Hall Conference Room A
Thursday, February 8, 2018
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Minutes from January 11, 2018
Recommended Action: Approve Minutes from January 11, 2018
Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the commission
on any matter not on the agenda. Speakers are limited to three (3) minutes. In most
cases, State law will prohibit the commission from making any decisions with respect to
a matter not listed on the agenda
WRITTEN COMMUNICATIONS
OLD BUSINESS
2.Subject: Participation in AlertSCC and Pulse Point including migration progress
from Cupertino Alert System to AlertSCC (Huang/McCoy), Pulse Point and crime
reporting/situational awareness (McCoy)
Recommended Action: Discuss Participation in AlertSCC and migration progress of
the Cupertino CAS; Discuss Pulse Point and receive status of cards related to crime
reporting/fire/incidents and situational awareness (McCoy)
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February 8, 2018Public Safety Commission AGENDA
3.Subject: Public Safety Education and Outreach; a) Discuss Senior Safety Forums
(Sahai), b) Transportation Safety Educational Program Progress/Pedestrian
Crosswalk Safety (Nellore), c) Neighborhood Residential Burglary Prevention
Seminars (Nellore), d) Public Safety Forum (McCoy); e) Proposals for future
Forums/Workshops
Recommended Action: Receive updated report on the next Senior Safety Forum
(Sahai); receive report on Transportation Safety Educational Program
Progress/Pedestrian Crosswalk Safety (Nellore); receive report on Neighborhood
Residential Burglary Prevention Seminars (Nellore); receive report on Public Safety
Forum (McCoy); Discuss proposals for future Forums/Workshops
4.Subject: OES Readiness quarterly status report including; a) any and all OES
updates; b) City emergency preparedness; c) Cross training of volunteer groups
(All)
Recommended Action: Receive OES Readiness quarterly status report; receive OES
updates; receive city emergency preparedness updates; receive cross training of
volunteer group updates
NEW BUSINESS
5.Subject: Cupertino Social Host Responsibility Ordinance
Recommended Action: Recommend that the City Council adopt draft Social Host
Ordinance
Staff Report
A - Local Social Host Ordinances
B - Draft Ordinance
6.Subject: Future Agenda Items
Recommended Action: Discuss Future Agenda Items
STAFF AND COMMISSION REPORTS
7.Subject: Report by the Santa Clara County Fire District
Recommended Action: Receive Report by the Santa Clara County Fire District
8.Subject: Report by the Santa Clara County Sheriff's Office
Recommended Action: Receive Report by the Santa Clara County Sheriff's Office
9.Subject: Commissioners' Reports
Recommended Action: Receive Commissioners' Reports
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February 8, 2018Public Safety Commission AGENDA
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next meeting who is visually or hearing impaired or has any disability
that needs special assistance should call the City Clerk's Office at 408-777-3223, 48
hours in advance of the meeting to arrange for assistance. Upon request, in advance,
by a person with a disability, meeting agendas and writings distributed for the meeting
that are public records will be made available in the appropriate alternative format.
Also upon request, in advance, an assistive listening device can be made available for
use during the meeting.
Any writings or documents provided to a majority of the members after publication of
the agenda will be made available for public inspection. Please contact the City
Clerk’s Office in City Hall located at 10300 Torre Avenue during normal business
hours.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal
Code 2.08.100 written communications sent to the Cupertino City Council,
Commissioners or City staff concerning a matter on the agenda are included as
supplemental material to the agendized item. These written communications are
accessible to the public through the City’s website and kept in packet archives. You are
hereby admonished not to include any personal or private information in written
communications to the City that you do not wish to make public; doing so shall
constitute a waiver of any privacy rights you may have on the information provided to
the City.
Members of the public are entitled to address the members concerning any item that is
described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the members on any other item not on the agenda, you
may do so during the public comment.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3620 Name:
Status:Type:Approval of Minutes Agenda Ready
File created:In control:2/2/2018 Public Safety Commission
On agenda:Final action:2/8/2018
Title:Subject: Minutes from January 11, 2018
Sponsors:
Indexes:
Code sections:
Attachments:Draft Minutes
Action ByDate Action ResultVer.
Public Safety Commission2/8/2018 1
Subject: Minutes from January 11, 2018
Approve Minutes from January 11, 2018
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CUPERTINO PUBLIC SAFETY COMMISSION
DRAFT MEETING MINUTES
Thursday January 11, 2018, 6:00 p.m.
Cupertino City Hall, Conference Room A
CALL TO ORDER
Commissioner Huang called to order this regular meeting of the Cupertino Public Safety
Commission at approximately 6:04 p.m. on Thursday, January 11, 2018 in the Cupertino City
Hall, Conference Room A, located at 10300 Torre Avenue, Cupertino, California 95014.
ROLL CALL
Commissioner Present: Andy Huang
Jerry Tallinger
Robert McCoy
Neha Sahai
Hymanand Nellore (Arrived at 6:45pm)
Commissioner Absent:
Staff Present: Jacqueline Guzman, Deputy City Manager
Captain Rich Urena, Santa Clara County Sheriff’s Office
Deputy Fire Chief John Justice, Santa Clara County Fire District
Staff Absent: None
Others Present: David Flamm, Deputy Director of Office of Emergency Management
Santa Clara County Fire Department
John Black, Santa Clara County Fire Battalion Chief 72
Claire Francavilla, City of Cupertino Emergency Services Coordinator
Alberto Bollida, Resident
Juhi Mohile, Resident
APPROVAL OF MINUTES
1. Subject: Approve the January 11, 2018 Minutes
Recommended Action: Approval of the January 11, 2018 Minutes
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Public Safety Commission Minutes January 11, 2018
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Commissioner McCoy motioned to approve the minutes of the December 14, 2017 meeting;
Commissioner Tallinger seconded the motion; Ayes: McCoy, Tallinger, Huang, Sahai. Noes:
None. Abstain: None. Absent: Nellore.
ORAL COMMUNICATION
Commissioner McCoy requested that the issue of Teen Stress be added to the agenda. He
would like for the City to urge the school districts to contact the Teen Commission so that
they may come up with a plan on how to better help teens deal with stress.
Commissioner Tallinger recommended it be added to the agenda as well as have someone
from PSC work with the liaison from Teen Commission.
Commissioner Huang request it be added to the agenda if the City was okay with it. They
collectively agreed to add it to their agenda.
WRITTEN COMMUNICATION
None
OLD BUSINESS
2. Subject: Participation in AlertSCC and Pulse Point including migration progress from
Cupertino Alert System to AlertSCC (Huang/McCoy),
Recommended Action: Discuss Participation in AlertSCC and migration progress of the
Cupertino CAS; Discuss Pulse Point and receive status of wallet cards/fridge magnets
related to crime reporting/fire/incidents and situational awareness (McCoy)
Commissioner Huang did not have anything to report, related to AlertSCC.
Mr. David Flamm gave a presentation related to AlertSCC. He discussed how he has been
collaborating with Ms. Claire Francavilla’s office (Cupertino Emergency Services
Coordinator) in answering questions and providing clarity to public questions related to
AlertSCC. It is Mr. Flamm’s intent to continue to collaborate with Ms. Francavilla and to
give a presentation to the council in the near future. The presentation will help the council
understand the capabilities of AlertSCC and will give clarity. Mr. Flamm has a list of
frequently asked questions that Ms. Claire Francavilla provided him. A copy was provided
to the commission.
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Public Safety Commission Minutes January 11, 2018
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Commissioner Tallinger asked Mr. Flamm what plan OES had in place to promote
AlertSCC. Mr. Flamm responded that they posted on Nextdoor and they have had 700 new
sign-ups recently and they plan on continuing to push out information on social media.
Commissioner McCoy informed the commission that he is not going to be moving forward
with purchasing magnets for the outreach cards he possesses. He requested the item be
removed from the agenda.
3. Subject: Public Safety Education and Outreach; a) Discuss Senior Safety Forums (Sahai),
b) Transportation Safety Educational Program Progress (Tallinger), c) Neighborhood
Residential Burglary Prevention Seminars (Nellore), d) Public Safety Forum (McCoy); e)
Proposals for future Forums/Workshops
Recommended Action: Receive updated report on the next Senior Safety Forum
(Sahai); receive report on Transportation Safety Educational Program Progress
(Tallinger); receive report on Neighborhood Residential Burglary Prevention Seminars
(Nellore); receive report on Public Safety Forum (McCoy); Discuss proposals for future
Forums/Workshops
Commissioner Neha reported on her Senior Safety Forum at Sunny View Retirement
Community. The Forum was a success with fourteen residents in attendance. Many of
other residents wanted to attend; however, they were unable to make it due to scheduling
conflict. The center would like to have other safety forums. The L.I.F.E files were a huge
success. Commissioner Neha asked for more L.I.F.E files.
Commissioner Tallinger met with Deputy City Manager Ms. Jacqueline Guzman in
December in regards to the Transportation Safety Educational Program. He explained how
he gathered a lot of statistical data from all over the state and as a result, they were able to
narrow down the main topics into categories. The City has agreed to move forward with the
educational side and work with the PIO.
Commissioner Tallinger reported that Commissioner Nellore will be taking over the
transpiration plan for him since his term is up. Commissioner Nellore will be working with
the Bike Ped Commission and will be giving a presentation in the near future.
Commissioner Nellore does not have an update to give in regards to the Neighborhood
Residential Burglary Prevention Seminars.
Commissioner McCoy would like to know when he should schedule the next Public Safety
Forum (date, room). He also asked what topics should be added or removed from the forum.
Captain Urena suggested topics, including having someone from County Communications
attend a Forum and present information from their perspective.
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Public Safety Commission Minutes January 11, 2018
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Commissioner McCoy will draft a proposal for discussion on the next meeting.
4. Subject: OES Readiness quarterly status report including; a) any and all OES updates; b)
City emergency preparedness; c) Cross training of volunteer groups (All)
Recommended Action: Receive OES readiness quarterly status report; receive OES
updates; receive city emergency preparedness updates; receive cross training of volunteer
group updates
Ms. Francavilla spoke about emergency preparedness in Cupertino. She is currently working
on a two year project plan for emergency management with a main focus on training. The
three main training areas are EOC, city staff response and AlertSCC. Ms. Francavilla would
like to set up an annual preparedness event in which different groups/ agencies can come
together and give the public information on what to do in different emergency situations.
NEW BUSINESS
5. Subject: Emergency Access Gates at the Forum
Recommended Action: Discuss how residents can access the three gates during an
emergency
Commissioner Huang gave a presentation in regards to an incident that occurred last year in
which Cristo Rey Street was closed off due to a fire. This brought up the topic of how to exit
using the gates from the Forum. Deputy Fire Chief Justice and Captain Urena explained how
decisions are made as it relates to notifying residents to evacuat e an area. After a lengthy
group discussion on the incident, Commissioner Huang understood the process but felt that
placing a Knox box near locked gates could expedite The Sheriff’s Office, or other first
responders, to unlock the gate in case of an emergency.
The commission agreed to remove this matter from the agenda.
6. Subject: Pedestrian Crosswalk Safety Concerns
Recommended Action: Discuss Pedestrian Crosswalk Safety Concerns
Pedestrian Crosswalk Safety Concerns were discussed and Ms. Guzman gave an overview
of the Pedestrian Master Plan. She further provided the web link (Cupertino.org/walk) so
that commissioners can see what the plan entails.
Since it appeared that the City of Cupertino was already evaluating a Pedestrian Plan,
commissioners agreed to remove this item from the Agenda. However, Commissioner
Nellore suggested using this as an educational component to the plan.
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Public Safety Commission Minutes January 11, 2018
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Commissioner McCoy suggested removing this item as a topic from the agenda and adding
it to Old Business item number 3. b. All were in agreement.
7. Subject: Future Agenda Items
Recommended: Action: Discuss Future Agenda Items
None
STAFF AND COMMISSION REPORTS
8. Subject: Report by Santa Clara County Fire District
Recommended Action: Receive Report by Santa Clara County Fire District
Deputy Chief Justice explained the response times for First-Due: 99.55% (inside the City of
Cupertino). The response time for Reliability: 82.35% (outside City of Cupertino help).
Deputy Chief Justice also explained how the response times have increased over the years
due to the high volume of traffic throughout the city. The dollar loss for the month of
December was at $45,250.00. Structure fire was at $27,000.00, vehicle fire was at $18,000.00,
outside rubbish/ dumpster fire was at $250.00.
9. Subject: Report by The Santa Clara County Sheriff’s Office
Recommended Action: Receive Report by The Santa Clara County Sheriff’s Office
Captain Urena explained the average response times for 2017, starting with priority one at
4.3 minutes, priority two 7.4 minutes and priority three at 13.73 minutes. He further added
that the times met the cities agreed upon response times of 5, 9, and 20 minutes respectfully.
Response times have gone up slightly over the past few years. The Sheriff’s Office does
anticipate an increase in calls due to the opening of Apple’s new campus. Captain Urena
talked about how robberies have gone up this last year in compare to the year before. He
further added that the robberies (21) were strong armed robberies and not robberies
involving a weapon. Residential burglaries have gone down 34%. Vehicle burglaries went
up 66%, however, this is happening everywhere not just in Cupertino. One thing they are
noticing is that vehicle burglaries are happening at shopping centers. It is the intent of the
Sheriff’s Office to work with businesses to help curb burglaries in 2018. Lastly, Identity theft
forgery fraud decreased 31%.
10. Subject: Receive Commissioner Reports
Recommended Action: Receive Commissioner Report
Captain Urena thanked Commissioner Tallinger for his four years of service to the Public
Safety Commission and for supporting the Sheriff’s Office. On behalf of Sheriff Smith,
Captain Urena presented Mr. Tallinger with a plaque as a token of appreciation.
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Public Safety Commission Minutes January 11, 2018
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No Commission reports.
ADJOURNMENT
Chair Tallinger adjourned the meeting at 9:10 pm
NEXT MEETING
The next Regular Meeting is scheduled for Thursday, February 8, 2018 at 6:00 p.m.
SUBMITTED BY:
Raquel Miramontes
West Valley Patrol Division
Santa Clara County Office of the Sheriff
January 9, 2018
APPROVED BY:
_________________________________ ______________________
Andy Huang, Commission Chair Date
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3621 Name:
Status:Type:Old Business Agenda Ready
File created:In control:2/2/2018 Public Safety Commission
On agenda:Final action:2/8/2018
Title:Subject: Participation in AlertSCC and Pulse Point including migration progress from Cupertino Alert
System to AlertSCC (Huang/McCoy), Pulse Point and crime reporting/situational awarenes (McCoy)
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission2/8/2018 1
Subject: Participation in AlertSCC and Pulse Point including migration progress from
Cupertino Alert System to AlertSCC (Huang/McCoy), Pulse Point and crime
reporting/situational awareness (McCoy)
Discuss Participation in AlertSCC and migration progress of the Cupertino CAS; Discuss Pulse
Point and receive status of cards related to crime reporting/fire/incidents and situational
awareness (McCoy)
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3622 Name:
Status:Type:Old Business Agenda Ready
File created:In control:2/2/2018 Public Safety Commission
On agenda:Final action:2/8/2018
Title:Subject: Public Safety Education and Outreach; a) Discuss Senior Safety Forums (Sahai), b)
Transportation Safety Educational Program Progress/Pedestrian Crosswalk Safety (Nellore), c)
Neighborhood Residential Burglary Prevention Seminars (Nellore), d) Public Safety Forum (McCoy);
e) Proposals for future Forums/Workshops
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission2/8/2018 1
Subject: Public Safety Education and Outreach; a) Discuss Senior Safety Forums (Sahai), b)
Transportation Safety Educational Program Progress/Pedestrian Crosswalk Safety (Nellore), c)
Neighborhood Residential Burglary Prevention Seminars (Nellore), d) Public Safety Forum
(McCoy); e) Proposals for future Forums/Workshops
Receive updated report on the next Senior Safety Forum (Sahai); receive report on
Transportation Safety Educational Program Progress/Pedestrian Crosswalk Safety (Nellore);
receive report on Neighborhood Residential Burglary Prevention Seminars (Nellore); receive
report on Public Safety Forum (McCoy); Discuss proposals for future Forums/Workshops
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3623 Name:
Status:Type:Old Business Agenda Ready
File created:In control:2/2/2018 Public Safety Commission
On agenda:Final action:2/8/2018
Title:Subject: OES Readiness quarterly status report including; a) any and all OES updates; b) City
emergency preparedness; c) Cross training of volunteer groups (All)
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission2/8/2018 1
Subject: OES Readiness quarterly status report including; a) any and all OES updates; b) City
emergency preparedness; c) Cross training of volunteer groups (All)
Receive OES Readiness quarterly status report; receive OES updates; receive city emergency
preparedness updates; receive cross training of volunteer group updates
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3624 Name:
Status:Type:New Business Agenda Ready
File created:In control:2/2/2018 Public Safety Commission
On agenda:Final action:2/8/2018
Title:Subject: Cupertino Social Host Responsibility Ordinance
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Local Social Host Ordinances
B - Draft Ordinance
Action ByDate Action ResultVer.
Public Safety Commission2/8/2018 1
Subject: Cupertino Social Host Responsibility Ordinance
Recommend that the City Council adopt draft Social Host Ordinance
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OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
TELEPHONE: (408) 777-7603 www.cupertino.org
PUBLIC SAFETY COMMISSION STAFF REPORT
Meeting: February 8, 2018
Subject
Social Host Responsibility
Recommended Action
Review the draft ordinance establishing Social Host Responsibility and make a
recommendation to the City Council.
Background
According to research, teens access drugs and alcohol through parents, friends, and
acquaintances with 75% of alcohol consumption by youth taking place in a residential
setting. In 2005, an American Medical Association survey showed that the most common
connection between an underage person at a party with underage drinking is the adult
who either provided the alcohol or provided the setting where underage drinking could
occur. Teen drinking and drug use are harmful to the individual and threatens the peace,
health, safety, and general welfare of the public. Teens under the influence of drugs or
alcohol are at greater risk of car accidents, suicide, and physical and sexual assault.
To combat the problems associated with house parties involving teen drinking or
substance abuse, many cities have adopted Social Host Responsibility policies. Locally,
eleven cities and the County of Santa Clara have already adopted a Social Host Ordinance
(Attachment A). Under these policies, the adult responsible for the premises is held
accountable if police are called out to respond to a party where underage drinking or
drug use is taking place. The fines generally range from $500 to $2,500. The idea is that if
adults are held responsible, they will be more likely to supervise or stop illegal conduct
at events held on their property. Law enforcement is supportive of these policies because
it give them leverage in dealing with problem households. It also compels parents and
guardians to talk to teens about alcohol and drug issues.
Discussion
The Teen Commission began discussing social host responsibility in 2016 and added it to
their work plan for fiscal year 2016-17. The Teen Commission diligently reviewed the
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research, reviewed existing policies, requested a presentation by the Sheriff’s Office, and
debated regarding their approach to a social host policy in Cupertino. While not a big
issue in Cupertino, they felt a social host policy would send a message to parents about
their responsibility in preventing teen drinking and substance abuse.
Based on direction given by the Teen Commission, staff drafted a Social Host Ordinance
which holds underage hosts responsible by requiring them to take a substance abuse
course and/or do community service for hosting a gathering where underage drinking or
use of controlled substances takes place. For the adults responsible for the premises, one
warning would be issued followed by a fine of $500, then $1,000. The goal is that these
penalties will make adult and underage hosts less likely to host such events or be more
likely to prevent illegal conduct at events they do host.
Research on social host laws show that teens are less likely to engage in social drinking
in communities with social host policies. One study found that teens in communities with
long-standing social host ordinance were less likely to drink in groups.1 In a study of 50
California municipalities where half passed social host laws and half did not, finding
showed that adolescents were less likely to report drinking at parties in communities that
enforced social host laws.2
The Teen Commission voted to recommend that the City Council adopt the draft Social
Host Ordinance (Attachment B) and is seeking support from the Public Safety
Commission. They plan to take the item to Council on February 20, 2018.
Sustainability Impact
No impact.
Fiscal Impact
Enforcement duties will be absorbed within the City’s existing law enforcement
contract with the Sheriff’s Office.
Prepared by: Jaqui Guzmán, Deputy City Manager
Attachments:
A – Local Social Host Ordinances
B – Draft Ordinance
1 Wagoner, K. G., Sparks, M., Francisco, V. T., Wyrick, D., Nichols, T., & Wolfson, M. (2013). Social host policies and
underage drinking parties. Substance use & misuse, 48(1-2), 41-53
2 Thomas, S., Paschall, M. J., Grube, J. W., Cannon, C., & Treffers, R. (2012). Underage alcohol policies across 50
California cities: an assessment of best practices. Substance abuse treatment, prevention, and policy, 7(1), 1.
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COUNTY OF SANTA CLARA CITIES & SOCIAL HOST ORDINANCESCITY/TOWNORDINANCE/MUNI. CODESOCIAL HOST ORD.DATEEXPLANATIONCampbellNoneNoCriminal codes onlyCupertinoNoneNoCriminal codes onlyGilroyOrd. 2007‐14 Sec. 19C Yes7/8/2007Los AltosTitle 7 , Ord. 7.0.030Yes2/25/1989Los Altos HillsCounty NoIn process with City ManagerLos GatosM.C. Sec. 18.30.010Yes6/9/2008MilpitasOrd. 280, Ch. 7Yes2/16/2010Monte SerenoM.C. 4.16.010Yes8/31/1990 Joint police w/Los GatosMorgan HillM.C. 9.13Yes9/2/2009Mt. ViewNoCriminal codes onlyPalo AltoM.C. 9.04.040Yes12/3/2007San JoseOrd. 29088. Ch. 10.30Yes5/15/2012Santa ClaraOrd. 9.05.020Yes11/24/2009SaratogaM.C. 6‐15.120Yes6/4/2008SunnyvaleOrd. 2327‐90/M.C. 9.50.030 Yes6/8/1990County of Santa ClaraCh. III, Sec. B13‐36Yes1/1/2009The purpose of a social host ordinance is, "To enforce laws prohibiting the consumption of alcoholic beverages by underage persons, as well as to deter the service of alcoholic beverages to and consumption of alcoholic beverages by underage persons at certain gatherings; and to protect public health, safety, general welfare, and quiet enjoyment of property…"State of CaliforniaCivil Code Sec. 1714 (d) Yes1/1/2011In California, laws already exist to address the problem of adults who furnish alcoholic beverages tounderage persons. (Cal. Bus. & Prof. Code § 25668(b) and Bus. & Prof. Code § 25658.2) In contrast, social host liability laws hold individuals responsible for underage drinking events on property they own, lease or otherwise control. Note: Eleven (11) cities have a Social Host Ordinance and three (3) cities and one (1) town do not.Yes: Gilroy, Los Altos, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Palo Alto, San Jose, Santa Clara, Saratoga & SunnyvaleNo: Campbell, Cupertino, Los Altos Hills & Mt. View Feb. 2016/ SCC Prevention02/08/2018 17 of 26
ORDINANCE NO. 17-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO,
CALIFORNIA,
ADDING: CHAPTER 10.05 “SOCIAL HOST RESPONSIBILITY” OF CHAPTER 10
PUBLIC PEACE AND MORALS OF THE CUPERTINO MUNICIPAL CODE
REGARDING RESPONSE TO UNDERAGE DRIKING
WHEREAS, the City of Cupertino, pursuant to the police powers delegated to it by the California
Constitution, has the authority to enact laws that promote the public health, safety and general
welfare of its residents; and,
WHEREAS, underage persons consuming alcoholic beverages or using controlled substances at
gatherings held at private residences, rented residential premises, or rented commercial premises
is harmful and a threat to the peace, health, safety, quiet enjoyment of neighboring residents and
the general welfare of the public. Underage persons who have been consuming alcoholic
beverages or using controlled substances are at greater risk of automobile accidents, suicide,
physical and sexual assault; and,
WHEREAS, persons responsible for the occurrence of these types of gatherings on private
property they control or own have failed to ensure that alcoholic beverages or controlled
substances are not served to or consumed by underage persons at these gatherings; and,
WHEREAS, problems associated with gatherings involving underage persons drinking alcohol
or using controlled substances can be difficult to prevent and deter, and law enforcement
requires additional methods to deal with underage drinking and its attendant problems; and,
WHEREAS, if adult persons are held responsible by having to pay a fine for hosting a gathering
where there is underage drinking, they will be more likely to supervise or to stop such conduct at
events held on property that they own or control; and,
WHEREAS, if underage persons are held responsible by having to take a substance abuse course
and/or do community service for hosting a gathering where underage drinking or use of
controlled substances takes place, they will be less likely to host such events or be more likely to
prevent such conduct at events they host
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.05 "Social Host Responsibility" of Title 10 "Public Peace, Safety
and Morals" of the Cupertino Municipal Code is hereby added to read as follows:
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CHAPTER 10.05: SOCIAL HOST RESPONSIBILITY
Section
10.05.005 Definition
10.05.010 Unlawful
10.05.020 Penalties
10.05.030 Remedies Cumulative
10.05.040 Exceptions
10.05.005 Definitions.
For purposes of this chapter, the following terms shall have the following meanings:
“Alcoholic beverage” means alcohol, spirits, liquor, wine, beer, and every liquid or solid
containing alcohol, spirits, wine, or beer that contain one-half of one percent (0.005%) or more of
alcohol by volume; and is fit for beverage purposes either alone or when diluted, mixed, or
combined with other substances. (California Business and Professional Code Section 23004).
“Controlled substance” means a drug or substance whose possession and use are regulated under
the California Controlled Substances Act (California Health and Safety Code Section 11000 et
seq.). Such term does not include any drug or substance for which the individual found to have
consumed or possessed such substance has a valid prescription issued by a licensed medical
practitioner authorized to issue such a prescription.
“Juvenile” means any person less than eighteen (18) years of age.
“Property” means private property, rented residential premises, or rented commercial residences;
including, but not limited to, a home, yard, garage, apartment, condominium, hotel or motel room,
or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent
basis, whether occupied as a dwelling, for a party or other social function, and whether owned,
leased, rented, or used with or without compensation.
"Party, gathering or event" means a group of three or more persons who have assembled or are
assembling for a social occasion or a social activity or for entertainment.
“Social Host” means any adult person responsible for the event.
“Juvenile host” means the underage person responsible for the event.
A "loud party, gathering or event" shall mean an incident that results in a “noise disturbance” (as
defined in Chapter 10.48 of the Cupertino Municipal Code) which disturbs the peace and quiet
of a neighborhood or which causes discomfort or annoyance to any reasonable person of normal
sensitivity residing in the neighborhood.
An "unruly party, gathering or event" is any incident that threatens the public health, safety or
welfare and is unlawful under the provisions of this Code or the laws of the State of California.
"Person responsible for the event" means and includes, but is not limited to:
1. The person who owns, rents, leases or otherwise has control of the premises where the
party, gathering or event takes place irrespective of whether such person knew of the event
or knew or intended that alcoholic beverages would be possessed or consumed by minors;
provided, however, that the term "person" shall not include the owner of the premises
where the owner leases or rents the premises to a third party and has no actual knowledge
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that the party, gathering or event in question would take place on the premises, unless
the owner or owner's representative has received written notice pursuant to Section
10.05.020;
2. The person in charge of the premises;
3. The person who organized the event and/or the host of the event.
4. If the person responsible for the event is a juvenile, then the parents or guardians of that
juvenile and the juvenile shall be considered "persons" and as such shall be jointly and
severally liable for penalties imposed pursuant to this chapter, irrespective of whether
the parent(s) knew of the event or knew or intended that alcoholic beverages would be
possessed or consumed by minors.
“Underage person” means any person under twenty-one (21) years of age.
10.05.010 Unlawful.
It is unlawful for persons to have or to allow gatherings to occur in private property as defined
above, where either alcohol is served to, consumed by or in the possession of underage persons,
or controlled substances are served to, ingested by or in the possession of underage persons. This
shall constitute a nuisance under the Cupertino Municipal Code.
10.05.020 Penalties.
It shall be a civil violation for a person to knowingly conduct or allow a gathering where either
alcohol is served to, consumed by or in the possession of an underage person or persons or
controlled substances are served to, ingested by or in the possession of underage persons on
premises owned by the person responsible for the event, on premises rented by or to the person
responsible for the event, on premises where the person responsible for the event resides or on
premises where the person responsible for the event is in control of such premises during the
gathering. The sheriff at his or her discretion, may immediately issue a citation for this civil
violation upon evidence of the violation. The sheriff may also issue a first warning at his or her
discretion before issuing a civil citation.
(1) Each and every violation of this section, which is deemed an infraction, is punishable by:
(a) A fine not exceeding five hundred dollars ($500.00) payable by the person responsible
for the event for a second violation occurring within one (1) year after a written warning
has been issued; and
(b) A fine not exceeding one thousand dollars ($1,000.00) payable by the person responsible
for the event for a third violation and any subsequent violation occurring within a one
year period.
(2) Juvenile hosts shall be required to:
(a) Complete a sheriff-approved alcohol and drug abuse prevention course after the first
violation; and
(b) Twenty-five (25) hours of community service for the second violation occurring within a
one year period; and
(c) Forty (40) hours of community service for the third violation and any subsequent violation
occurring within a one year period.
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10.05.030 Remedies Cumulative.
All remedies prescribed in this chapter shall be cumulative, and the use of any remedy by the
City shall not bar the use of any other remedy authorized by the California Penal Code, any other
statute of the State or other ordinances of the City.
10.05.040 Exemptions.
This chapter shall not apply to activities protected by Article 1, Section 4, of the California
Constitution; the California Alcoholic Beverage Control Act; or the First or Fourteenth
Amendments to the United States Constitution.
SECTION 2. CEQA EXEMPTION. The City Council finds, pursuant to Title 14 of the
California Code of Regulations, Section 15378(b)(2), that this ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) in that the adoption of an
ordinance of general policy and procedure does not constitute a project within the meaning of
CEQA.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this Ordinance 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. The City Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30)
days from and after adoption as provided by Government Code Section 36937.
SECTION 5. CERTIFICATION. The City Clerk shall certify the adoption of this Ordinance
and shall give notice of its adoption as required by law. Pursuant to Government Code Section
36933, a summary of this Ordinance may be published and posted in lieu of publication and posting
of the entire text.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the XX day of
XX, 2018 and ENACTED at a regular meeting of the City Council of the City of Cupertino the
___of _____2018, by the following vote:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
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ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3625 Name:
Status:Type:New Business Agenda Ready
File created:In control:2/2/2018 Public Safety Commission
On agenda:Final action:2/8/2018
Title:Subject: Future Agenda Items
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission2/8/2018 1
Subject: Future Agenda Items
Discuss Future Agenda Items
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3626 Name:
Status:Type:Staff and Commission Reports Agenda Ready
File created:In control:2/2/2018 Public Safety Commission
On agenda:Final action:2/8/2018
Title:Subject: Report by the Santa Clara County Fire District
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission2/8/2018 1
Subject: Report by the Santa Clara County Fire District
Receive Report by the Santa Clara County Fire District
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3627 Name:
Status:Type:Staff and Commission Reports Agenda Ready
File created:In control:2/2/2018 Public Safety Commission
On agenda:Final action:2/8/2018
Title:Subject: Report by the Santa Clara County Sheriff's Office
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission2/8/2018 1
Subject: Report by the Santa Clara County Sheriff's Office
Receive Report by the Santa Clara County Sheriff's Office
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-3628 Name:
Status:Type:Staff and Commission Reports Agenda Ready
File created:In control:2/2/2018 Public Safety Commission
On agenda:Final action:2/8/2018
Title:Subject: Commissioners' Reports
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission2/8/2018 1
Subject: Commissioners' Reports
Receive Commissioners' Reports
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