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Home My WebLink About09/10/2008 PSAC Reports CITY OF LAKE ELSINORE PUBLIC SAFETY ADVISORY COMMISSION REGULAR MEETING AGENDA MIKE NORKIN, CHAIRMAN DR. SHAWN BHUTTA, VICE-CHAIRMAN NICOLE DAILEY, COMMISSIONER AL LYONS, COMMISSIONER DENNIS "JAY" STEWART, COMMISSIONER ROBERT BRADY, CITY MANAGER WWW.LAKE-ELSINORE.ORG (951) 674-3124 PHONE (951) 674-2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 SEPTEMBER 10, 2008 6:00 PM The City of Lake Elsinore appreciates your attendance. Public participation provides the Commission with valuable information regarding issues of the community. Regularmeetings are held on the 2nd Wednesday of every month. , If you are attending this Public Safety Advisory Commission Meeting, please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at the City Clerk's Office on the Friday prior to the Commission meeting and are available on the City's web site at www.lake-elsinore.orq. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Office at (951) 674-3124, ext. 261 at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS (Any person wishing to address the Public Safety Advisory Commission on any matter must complete a request form prior to commencement of the meeting. Comments limited to 3 minutes.) CONSENT CALENDAR ITEMS (All matters on the Consent Calendar are approved in one motion, unless a Commissioner or any member of the public requests separate action on a specific action.) 1. Minutes of reqular PSAC meetinq on Auqust 13, 2008 Recommendation: Approve the minutes of the regular PSAC meeting dated August 13, 2008. BUSINESS ITEMS 2. Lake Shoreline Safety Update Recommendation: Update and discussion; receive and file. 3. ParkSmart and Code Enforcement Activities Update Recommendation: Update and discussion; receive and file. 4. Aqqressive Panhandlinq Ordinance Recommendation: 1. That the Commission advise the Assistant City Attorney of any additional revisions to the proposed draft ordinance; and t 2. That the Commission recommend approval of the proposed draft ordinance by the City Council, subject to any revisions to the draft approved by the Commission at the meeting. PUBLIC SAFETY SUBCOMMITTEE REPORTS CITY STAFF COMMENTS PUBLIC SAFETY ADVISORY COMMISSIONERS' COMMENTS PUBLIC COMMENTS ADJOURNMENT The Lake Elsinore Public Safety Advisory Commission will adjourn to a regular meeting to be held on Wednesday, September 10,2008, at 6:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA, 92530. AFFIDAVIT OF POSTING I, VIVI . MUNSON, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of th foregoing agenda was posted at City Hall, 72 hours in advance of this meeting. ~ L_ L#-- V IAN M. MUNSON ' CITY CLERK oJ;z L. s; ~QY ATE '" MINUTES PUBLIC SAFETY ADVISORY COMMISSION REGULAR MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, AUGUST 13, 2008 ............................................................................... CALL TO ORDER - 6:00 P.M. Chairman Norkin called the Public Safety Advisory Commission meeting to order at 6:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Stewart. ROLL CALL PRESENT: CHAIRMAN NORKIN VICE-CHAIRMAN BHUTT A COMMISSIONER DAILEY COMMISSIONER LYONS COMMISSIONER STEWART '" ABSENT: NONE Also present were: Information/Communications Manager Dennis, Assistant City Attorney Mann, Officer Chavez, Fire Captain Juarez, Traffic Engineer Basubas and Clerk of the Board Munson. PUBLIC COMMENTS Greg J. Bowers, Assistant Superintendent, Lake Elsinore Unified School District, informed the Commission of a Traffic Advisory Committee formed by the Board of Trustees which consists of District staff and a City staff liaison. He indicated a couple of their goals was to sanction, through the District a traffic circulation study, to analyze traffic patterns and to study how traffic around schools impacts general circulation patterns. He also informed the Commission the District was interested in looking at each individual school site to look at parking and access and develop some plans to improve the sites. He reported consultants were being interviewed and recruited to study these issues. '" COMMISSION APPROVES CONSENT CALENDAR ITEM(S) Minutes ......, 1. Minutes of regular PSAC meeting of July 9, 2008. Recommendation: Approve. It was motioned by Commissioner Stewart, and seconded by Commissioner Dailey to approve the Consent Calendar. The following vote resulted: AYES: CHAIRMAN NORKIN VICE-CHAIRMAN BHUTTA COMMISSIONER DAILEY COMMISSIONER LYONS COMMISSIONER STEWART NOES: NONE ABSTAIN: NONE ABSENT: NONE ......, BUSINESS ITEMS 2. AGGRESSIVE PANHANDLING IN THE PUBLIC RIGHT-OF-WAY Information/Communications Manager Dennis indicated this was in response to recent citizen complaints regarding persons aggressively soliciting donations in the public right-of-way, such as along roadways or freeway off ramps, and at retail shopping centers within the City. Assistant City Attorney Mann provided an overview of the Attorney's Office findings with other cities ordinances related to panhandling. Chairman Norkin inquired how the Sheriff's Department responded to panhandlers. Sergeant Chavez responded it depended on the right-of-way. He stated if they are standing on the side of the shoulder and they are not standing in the path of any vehicles, deputies are not going to stop. He noted if individuals are impeding traffic, the deputy will make contact. He noted Penal Code 602.1 is one authority a deputy can use for an infraction. Vice-Chairman Bhutta inquired what the penalties were for the panhandlers if they continue to return. ......, r' Assistant City Attorney Mann responded it could be treated as a general violation of the municipal code or a misdemeanor. Commissioner Stewart stated he liked the Tacoma ordinance and indicated he was in favor prohibiting solicitation between sunrise and sunset. Chairman Norkin suggested a consensus of the Commission needed to be taken first to determine whether or not the Commission would like to proceed with a draft aggressive solicitation ordinance. It was motioned by Commissioner Lyons, seconded by Commissioner Stewart to proceed with drafting an aggressive solicitation ordinance. The following vote resulted: AYES: CHAIRMAN NORKIN VICE-CHAIR BHUTTA COMMISSIONER DAILEY COMMISSIONER LYONS COMMISSIONER STEWART NOES: NONE ~ ABSTAIN: NONE ABSENT: NONE Commissioner Dailey expressed her concern with deterring those with good purposes from them from raising funds for their groups. Chairman Norkin suggested allowing individuals or groups to obtain permission from the establishment to sell their goods in front of their store. Commissioner Stewart noted he was in favor of the 15 feet distance from the front door of the establishment. Commissioner Lyons suggested charities have some type of documentation of being a non-profit organization. It was motioned by Commissioner Dailey, and seconded by Commissioner Lyons to direct staff to develop a panhandling ordinance. ~ The following vote resulted: AYES: CHAIRMAN NORKIN VICE-CHAIR BHUTT A COMMISSIONER DAILEY COMMISSIONER LYONS COMMISSIONER STEWART NOES: NONE '-' ABSTAIN: NONE ABSENT: NONE 3. CITIZEN CORPS COUNCIL KICKOFF EVENT Information/Communications Manager Dennis stated the Citizen Corps subcommittee and staff is organizing a kickoff event for prospective participants on the new Citizen Corps.Council. Chairman Norkin inquired if more than three Commissioners attend the meeting, did it have to be noticed. Information/Communications Manager Dennis responded the meeting did need to meet Brown Act requirements and be noticed if there is a quorum of Commissioners. '-' It was motioned by Commissioner Stewart, and seconded by Commissioner Dailey to approve the subcommittee event plan and add to City calendar. The following vote resulted: AYES: CHAIRMAN NORKIN VICE-CHAIR BHUTTA COMMISSIONER DAILEY COMMISSIONER LYONS COMMISSIONER STEWART NOES: NONE ABSTAIN: NONE ABSENT: NONE '-' r" 4. RATIONALE FOR A PERMANENT "FRIENDS OF THE LAKE MEMORIAL" Information/Communications Manager Dennis stated Vice-Chairman Bhutta requested a memorial tree planting for a recently deceased member of LEMSAR. He indicated staff believes it is appropriate to designate a permanent memorial area at the Seaport Boat Launch where past and future "Friends of the Lake" may also be memorialized. He directed the Commission to discuss the proposal and proposed directing staff to prepare a PSAC memorandum to City Council for consideration. Vice-Chairman Bhutta inquired about the costs. Information/Communications Manager Dennis responded comparable costs for a landscape park and signage and lighted flag pole hardware is between $10- $15,000. Vice-Chairman Bhutta recommended something be done now for Ms. Staples and consider this proposal for the future with developed criteria. Commissioner Dailey indicated she liked the idea but stated it would be better served to create a prominent memorial area and concurred with Vice-Chairman Bhutta. /'""' It was motioned by Commissioner Dailey, and seconded by Commissioner Lyons to direct staff to compose a memorandum to the City Council for consideration to develop a plan to move forward with a "Friends of the Lake Memorial" and in the meantime designating a space to recognize Donna Staples in the area of the memorial. The following vote resulted: AYES: CHAIRMAN NORKIN VICE-CHAIR BHUTT A COMMISSIONER DAILEY COMMISSIONER LYONS COMMISSIONER STEWART NOES: NONE ABSTAIN: NONE ABSENT: NONE PUBLIC SAFETY SUBCOMMITTEE REPORTS r" Information/Communications Manager Dennis stated the Lakeshore Overlay Sub- committee has been on hiatus due to the planning effort involved with the General Plan Chairman Norkin requested staff to send a memorandum asking the Planning Commission if they wanted to continue with the Lakeshore Overlay Sub-committee. ,....." CITY STAFF COMMENTS Information/Communications Manager Dennis announced the following: 1 ) The State of the City Address will be held on Thursday, August 28th at 5:00 p.m. and to please call Susan Reid in the City Manager's office for reservations. Clerk Munson provided an update of the 2008 November Election. PUBLIC SAFETY ADVISORY COMMISSIONERS' COMMENTS Commissioner Dailey requested an update on the parks sweep. Sergeant Chavez responded the Police Department has issued 27 citations along the shoreline line area and three arrests in the park. Commissioner Dailey requested staff to ask the School District for a joint meeting to conduct a public forum on school traffic issues. Commissioner Lyons congratulated the Sheriff's Department and Sergeant Chavez on the beach and park sweeps. ,....." Vice-Chairman Bhutta requested staff to have someone from Code Enforcement speak at the next Public Safety and. Advisory Commission meeting regarding graffiti and Parksmart. Chairman Norkin requested Sergeant Chavez to provide the name of the family of the individual who gave his life in saving a child from drowning in the lake last year. Sergeant Chavez responded he would look into obtaining the family's name. Chairman Norkin requested City Council speak to the Sheriffs Department about speeding up the 911 response. ADJOURNMENT It was the consensus of the Commission to adjourn to a regular meeting on August 13, 2008, at 6:00 p.m. in the Cultural Center located at 183 North Main Street, Lake Elsinore, California, CA, 92530. ,....." ;""" ;""" ~ Chairman Norkin adjourned the meeting at 7:13 p.m. MIKE NORKIN, CHAIRMAN PUBLIC SAFETY ADVISORY COMMISSION ATTEST: VIVIAN M. MUNSON CLERK OF THE BOARD /'"' CITY OF .~ LAKE tjLsiNORf: \ , ~ DREAM EXTREME", REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PUBLIC SAFETY ADVISORY COMMISSION FROM: MARK DENNIS INFORMATION/COMMUNICATIONS MANAGER DATE: SEPTEMBER 10, 2008 SUBJECT: LAKE SHORELINE SAFETY UPDATE Backaround The Director of Lake and Aquatic Resources will present an oral report about shoreline safety improvements and related safety topics. Discussion ~ This update is to provide an opportunity for the PSAC to discuss the status of recent lake safety initiatives and items for future consideration. Topics include: . High speed zone ordinance implementation o Implementation of replacement buoys and signage . Safety signage and public information o Current and/or proposed signc;;lge and information . Loaner life jacket stations o Preliminary assessment and loss prevention · Launch ramp coordination and safety inspection activities Fiscal Impact None. Estimated costs of new safety programs to be developed as needed. Recommendation """ Update discussion; receive and file. /'""" LOANER LIFE JACKET INVENTORY May 22nd to September 3, 2008 /'""" Child Child Adult Item Small Medium Adult Laroe Total Units Purchased 68 82 62 62 274 To Date Units In-Stock 15 18 29 16 78 (9/3/08) Unit Loss 53 64 33 46 196 (1 5-weeks) Total Dollar Loss $1,078 ($5.50 ea) Average Unit Loss 3.5 4.3 2.2 3.1 13.1 Per Week Avg. Dollar Loss/Week $71.86 ($5.50 ea) /'""" /'"' CITY OF .~ LAKE 6LSiNORE: \ , -V DREAM EXTREME... REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PUBLIC SAFETY ADVISORY COMMISSION FROM: MARK DENNIS INFORMATION/COMMUNICATIONS MANAGER DATE: SEPTEMBER 10, 2008 SUBJECT: 'PARKSMART' AND CODE ENFORCEMENT ACTIVITIES UPDATE BackQround The Code Enforcement Department will present an oral report about 'ParkSmart' status and other activity related to public safety ordinance enforcement. Discussion /'"' This update is to provide an opportunity for the PSAC to discuss ongoing Code Enforcement activities relating to previous PSAC business items, including: · 'ParkSmart' Large Vehicle Parking Ordinance . Newsrack Ordinance Enforcement . Graffiti Ordinance (Graffiti Task Force update) Fiscal Impact None. Recommendation Update discussion; receive and file. /'"' I""'" CITY OF,~ LAKE ,D,LSiNOI<J:; ~ DREAM EXTREME", REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CH~RMANANDBOARDMEMBERS FROM: MARK DENNIS INFORMATION/COMMUNICATIONS MANAGER DATE: SEPTEMBER 10, 2008 SUBJECT: AGGRESSIVE PANHANDLING ORDINANCE BackQround On August 13, 2008, the Commission reviewed several sample ordinances with respect to regulating aggressive solicitation of donations within the City. I""'" The Commission appeared to favor the model ordinance from the City of Tacoma but also raised several issues for consideration by the City Attorney. Of particular concern was the preservation of traditional "non-aggressive" fundraising techniques exemplified by fund raising car washes and the sale of candies/cookies by community based organizations. The Commission then requested the City Attorney's office to prepare a draft ordinance consistent with its concerns raised at the August 13, 2008 meeting. Discussion A proposed draft ordinance is attached for the Commission's consideration. While the ordinance largely follows the Tacoma sample, certain modifications have been made for the Commission's consideration. 1. Vehicles The proposed draft ordinance does not include a separate ordinance governing vehicles. The Tacoma ordinance effectively eliminates the ability to advertise fund raising car washes (typically with signs held by students) short of requiring a special event permit. However, in recognition that the Commission's primary concern is aggressive solicitation, we have added a provision to Section 8.13.030.A.2.c making it unlawful to I""'" solicit a donation by "approachinq an operator or occupant of a motor vehicle while such Regulation of Aggressive Panhandling September 10, 2008 Page 2 vehicle is located on a public roadway, unless for the purpose of summoning aid or requesting assistance in an emergency situation." This will allow for passive advertisement of charitable events on sidewalks but restrict more aggressive techniques that would involve actually approaching a vehicle in traffic. "" 2. Private property The Commission expressed concern that the draft ordinance not prohibit charitable activities such as candy/cookie sales outside of retail locations. The Tacoma ordinance included a blanket solicitation restriction on private property unless the owner granted permission. The Commission noted that Target stores had banned solicitors outside of its stores. In California, there has been strong judicial support allowing solicitors to gather near the entrances of retail buildings. In 1979, in Robins v. Pruneyard Shopping Center, the California Supreme Court held that shopping centers were "public forums" for purposes of "free speech" activities. The court equated the mall as a modern day town square that must allow free speech activities in the common areas, subject to reasonable time, place and manner restrictions. More recently, there has been some clarification that the precise entrance of a store "" may not be a "free speech" area. Relying on these cases, Target banned solicitation from the entrance of its stores in California (and throughout the nation) in 2004. Target's solicitation ban has not been considered by California courts and we cannot say that it is legal. The City Attorney's office is reluctant to attempt to draw the fine lines in an ordinance that have been drawn by Target with respect to what is the "entrance area" versus what it the "public area." For this reason, the proposed draft ordinance does not contain a blanket ban of solicitation on private property. However, we invite the Commission's comments on this issue. 3. 15-foot buffer The Commission questioned the 15-foot buffer and the origin of this particular distance. We did not find any particular requirement with respect to that width of the buffer zone. Such a restriction must simply be "reasonable" and it appears that courts are satisfied that this is a reasonable restriction. '-' ~ r-' ~ Regulation of Aggressive Panhandling September 10, 2008 Page 3 Recommendation 1. That the Commission advise the Assistant City Attorney of any additional revisions to the proposed draft ordinance; and 2. That the Commission recommend approval of the proposed draft ordinance by the City Council, subject to any revisions to the draft approved by the Commission at the meeting. Prepared by: David H. Mann Assistant City Attorney /"'" ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 8.13 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF SOLICITATION WHEREAS, the City desires to protect citizens from the fear and intimidation accompanying certain kinds of solicitation, to promote tourism and business, and to preserve the quality of urban life while providing same and appropriate venues for constitutionally protected activity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. That Chapter 8.13 of the Lake Elsinore Municipal Code is added as follows: CHAPTER 8.13 REGULATION OF SOLICITATION 8.13.010 Purpose /"'" The purpose of this chapter is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation, to promote tourism and business, and to preserve the quality of urban life while providing same and appropriate venues for constitutionally protected activity 8.13.020 Definitions "Automated teller machine" means a machine, other than a telephone: 1. that is capable of being operated by a customer of a financial institution; 2. by which the customer may communicate to the financial institution a request to withdraw, deposit, transfer funds, make payment, or otherwise conduct financial business for the customer or for another person directly from the customer's account or from the customer's account under a line of credit previously authorized by the financial institution for the customer; and 3. the use of which mayor may not involve personnel of a financial institution. "Coercion" means: /"'" 1. to approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with either imminent bodily injury or the commission of a criminal act upon the person or another person or upon property in the person's immediate possession; '-'" 2. to persist in a solicitation after the person solicited has given a negative response; 3. to block, either individually or as a part of a group of persons, the passage of a solicited person; 4. to engage in conduct that would reasonably be construed as intended to compel or force a solicited person to accede to demands; 5. to use violent or threatening gestures toward a person; 6. willfully providing or delivering, or attempting to provide or deliver, unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return; or 7. to use profane, offensive, or abusive language, which is inherently likely to provoke an immediate violent reaction. "Exterior public pay telephone" means any coin or credit card reader telephone that is: 1 . installed or located anywhere on a premises except exclusively in the interior of a building located on the premises; and '-'" 2. accessible and available for use by members of the general public. "Public transportation facility" means a facility or designated location that is owned, operated, or maintained by a city, county, county transportation authority, public transportation benefit area, regional transit authority, or metropolitan municipal corporation within the state. "Public transportation stop" means an area officially marked and designated as a place to wait for a bus, a light rail vehicle, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis. "Public transportation vehicle" has the meaning given that term in RCW 46.04.355, as currently adopted or as it may be amended in the future. "Self-service car wash" means a structure: 1. at which a vehicle may be manually washed by its owner or operator with equipment that is activated by the deposit of money in a coin-operated machine; and 2. that is accessible and available for use by members of the general public. "Self-service fuel pump" means a fuel pump: ......, I"'"' 1. from which a vehicle may be manually filled with gasoline or other fuel directly by its owner or operator, with or without the aid of an employee or attendant of the premises at which the fuel pump is located; and 2. that is accessible and available for use by members of the general public. "Solicit" and all derivative forms of "solicit" means to ask, beg, solicit, or plead, whether orally or in a written or printed manner, for the purpose of immediately receiving contributions, alms, charity, or gifts or items of value for oneself or another person. 8.13.030 Place of solicitation A. Solicitation near designated locations and facilities. 1. It is unlawful for any person to solicit another person within 15 feet of: a. an automated teller machine; b. the entrance of a building, unless the solicitor has permission from the owner or occupant; c. ,"-"" d. e. f. g. an exterior public pay telephone; a self-service car wash; a self-service fuel pump; a public transportation stop; or any parked vehicle as occupants of such vehicle enter or exit such vehicle. 2. It is unlawful for a person to solicit another person: a. after sunset or before sunrise; b. in any public transportation facility or vehicle. c. by approaching an operator or occupant of a motor vehicle while such vehicle is located on a public roadway, unless for the purpose of summoning aid or requesting assistance in an emergency situation. B. For purposes of subsection A, measurement will be made in a straight line, without regard to intervening structures or objects, from the nearest point at which a solicitation is being conducted to whichever is applicable of the following: I"'"' 1. the nearest entrance or exit of a facility in which an automated teller machine is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the automated teller machine; ....", 2. the nearest entrance or exit of a building; 3. the nearest part of an exterior public pay telephone; 4. the nearest part of the structure of a self-service car wash; 5. the nearest part of a self-service fuel pump; 6. the nearest point of any sign or marking designating an area as a public transportation stop; or 7. any door of a parked vehicle that is being used by an occupant of such vehicle to enter or exit such vehicle. 8.13.040 Solicitation by Coercion It is unlawful for a person to solicit by coercion. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. ....", SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this _ day of , 2008. DARYL HICKMAN MAYOR ATTEST: VIVIAN M. MUNSON CITY CLERK ....", /"""""' .r- /"""""' APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY