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SR-6H (6) 6~ , "" J f:atty\muni\strpts\mjm\drugfree.st City council Meeting 4-11-95 Santa Monlca, California APR 1 1 1995 TO: Mayor and city Council FROM: City Attorney SUBJECT: Resolution Declaring Clty Parks and Beaches, Including AdJacent Parking Lots and Sidewalks, to Be Drug-Free Zones Pursuant to Health and Safety Code Section 11380.5 At its meetlng on February 28, 1995, the city council directed the city Attorney to prepare a resolution declaring parks and beaches, including adjacent parking lots and sidewalks, to be drug- free zones. In response to this direction, the accompanying resolutlon has been prepared and is presented to the city council for adoption. The accompanying resolution declares parks and beaches, and adjacent parking lots and sidewalks, in the City to be drug free zones pursuant to Health and Safety Code Section 11380.5. Once approprlate signage is posted, thlS will allow any person convlcted of selllng certain drugs ln these areas to be sentenced to an addltional year of imprisonment. RECOMMENDATION It is respectfully recommended that the City council adopt the accornpanYlng resolution. PREPARED BY: Marsha Moutrie, City Attorney Claudia Thompson, Le.gal Admin. staff AsS6 lJ> 4 ., J APR , , 1995 - " CA:MM:muni\atty\laws\mjm\drugfree Clty Council Meetlng 4-11-95 santa Monica, California RESOLUTION NUMBER 8886 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING PARKS AND BEACHES, INCLUDING ADJACENT PARKING LOTS AND SIDEWALKS, TO BE DRUG-FREE ZONES PURSUANT TO HEALTH AND SAFETY CODE SECTION 11380.5 WHEREAS, the sale of drugs in public parks and at public beaches within the City of Santa Monica poses a risk to the safety of persons who use the parks and beaches, including city residents and visitors, alike; and WHEREAS, the sale of drugs in public parks and at public beaches adversely affects the public health and welfare by discouraging resldents and visitors from using the parks and beaches for legitimate recreational purposes; and WHEREAS, the sale of drugs in public parks and at public beaches in the City creates particular risks to the health and safety of senior citizens, young chi1.dren and teenagers because members of those groups make heavy use of such facilities, are among the least able to protect and defend themselves against cr~me, and are uniquely vulnerable to the dangers attendant upon exposure to drug sales and to drug paraphernalia, including needles; and 1 , I , WHEREAS, the sale of drugs In public parks and at public beaches consumes substantial law enforcement resources which could otherwise be directed toward other community needs; and WHEREAS, the existence of a sentence enhancement for convlction of the possession for sale or the sale of drugs in public parks and at public beaches will serve to deter and prevent drug sales from occurring in such areas and thereby enhance the public health, safety and welfare; and WHEREAS I the state Legislature has recently adopted Assembly Bill 2638 which adds section 11380.5 to the Health and Safety Code; and WHEREAS, Health and safety Code section 11380.5 provides that anyone convicted of selling certain drugs in a public park or at an ocean-front beach, lncluding adjacent public parkl.ng lots and sidewalks adjacent to such park or beach, may be subj ect to an additional year of imprisonment if the local city councilor board of supervl.sors declares such areas to be drug- free zones and if notice of the law is posted, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Assembly Bill 2638 adding Section 11380.5 to the Health and Safety Code, the pUblic parks and ocean- front beaches in the city of Santa Monica, including parking lots 2 . . and sidewalks adjacent to such parks and beaches, are hereby declared to be drug-free zones. SECTION 2. The notice which is required by Health and Safety Code section 11380.5(e} (2) shall be posted at public parks and ocean-front beaches. SECTION 3. Pursuant to Health and Safety Code Section 11380.5, this Resolution will be of no further force and effect after January 1, 1998. SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~fuL~ )u...~ MARSHA JON~ MOUTRIE City Attorney 3 ... ; . Adopted and approved thIS 11th of Apnl, 1995 M~ Mayor I hereby certIfy that the foregomg Resoluuon 8886 (CCS) was duly adopted at a meetmg of the CIty CouncIl held on the 11th of Apnl. 1995 by the followmg vote Ayes Councllmembers. Abdo, O'Connor, Greenberg. Genser. Rosenstem. Ebner. Holbrook Noes CouncIlmembers None Abstam CouncIlmembers None Absent. CouncIlmembers. None A TrEST ~ tf3r' ;~JJ/f ~: M/~ ~.- / City Clerk ~