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Home My WebLink About02/14/2007 PSAC Reports CITY OF LAKE ELSINORE PUBLIC SAFETY ADVISORY COMMISSION AGENDA RON HEWISON, CHAIRMAN RA Y KNIGHT, VICE CHAIRMAN VACANT, COMMISSIONER Y ALERIE SUND, COMMISSIONER MIKE NORKIN, 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 FEBRUARY 14, 2007 6:00 PM 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 ofmeetings on the Downtown Business District. Thankyouforyourcooperauon! 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, , PAGE 2 PUBLIC SAFETY ADVISORY COMMISSION AGENDA FEBRUARY 14, 2007 1. Minutes a. Wednesday, November 8, 2006 Regular Meeting b. Thursday, November 9, 2006 Study Session - Lake Safety c. Thursday, November 9, 2006 Study Session - Goals and Objectives d. Wednesday, December 13,2006 Study Session - Lakeshore Overlay BUSINESS ITEMS 21. Appointment to joint PSAC/P1anning Commission subcommittee on Lakeshore Overlay Districts. RECOMMENDATION: Appoint two Commissioners from PSAC and notify Planning Commission and staff. 22. Overview of amendment to County Graffiti Ordinance 733.1 and impacts on proposed City Graffiti Ordinance (LEMC 9.52). RECOMMENDATION: Discussion and direction to Legal Counsel to incorporate County and PSAC revisions. 23. Strategies on preventing vandalism and graffiti to bundle with proposed mid-year budget recommendations. RECOMMENDATION: Discuss goals and objectives of anti- graffiti program and strategic mid-year funding recommendations. 24. Preparation of the PSAC Annual Report for year 2006. RECOMMENDATION: Direct staff to include adoption of the Annual Report 2006 on the regular PSAC agenda for consideration in March, 2007. > PAGE 3 PUBLIC SAFETY ADVISORY COMMISSION AGENDA FEBRUARY 14, 2007 25. Overview of County Ordinance No. 858 prohibiting Fireworks RECOMMENDATION: Direct Lega] Counsel to draft update to LEMC Chapter 8.52.0]0, Fireworks, incorporating County Ordinance No. 858. PUBLIC SAFETY SUBCOMMITTEE REPORTS CITY STAFF COMMENTS PUBLIC SAFETY ADVISORY COMMISSIONERS' COMMENTS ADJOURNMENT ~- _-----1 CITY OF~ LAKE 6LSiNORJ; ~ DREAM E)ITREME MEMORANDUM TO: FROM: DATE: SUBJECT: PUBLIC SAFETY ADVISORY COMMISSION MARK DENNIS FEBRUARY 14, 2007 'PARK SMART' PROGRAM ENFORCEMENT STATISTICS Included on the reverse is a summary of Park Smart large vehicle enforcement activity from October 1- program inception - through February 5, 2007. According to our Code Enforcement Supervisor, the drop in citations in the period from 12/27/06 to 02/05/07 suggests the Ordinance and enforcement activity have increased compliance, which is the ultimate goal of the 'Park Smart' program. Code Enforcement is not only monitoring compliance, but is keeping track of Ordinance-related issues to bring back to PSAC during the first year evaluation of the large vehicle parking ordinance. 07PSAC0214_informational_parking stats Lake Elsinore Violation Summary by Officer.... generated on 02/06/2007 at 02:26:03 PM Reported On: All Officers Report Range: 12/27/2006 to 02/05/2007 Data Type Reported on: Parking Citations Period Period Period 10/01/2006 11/04/2006 12/27/06 Code Section to to to 11103/2006 12/26/2006 02/05/07 10.12.130(A) MC PARKING OVERSIZED VEHICLE OVER 2 3 0 25'LONG 10.12.130(B) MC PARKING OVERSIZED VEHICLE OVER 2 0 0 96" WIDE 10.12.130(C) MC PARKING COMMERCIAL VEHICLE 7 14 3 10.12.130(D) MC DETACHED TRAILER/CAMPER 13 24 12 10.12.130(E) MC RV OVER 20 FT LONG 7 4 2 TOTALS 31 45 17 P:\PubJic_Safety_Commission\07_PSAC meetings\07PSAC meeting0214\OVERSIZED VEH ENF REPORT 02-06-07.doc " . MINUTES PUBLIC SAFETY ADVISORY COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, APRIL 11, 2007 **************************************************************** CALL TO ORDER Chairman Hewison called the Public Safety Advisory Commission Meeting to order at 6:03 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mrs. Hewison. ROLL CALL PRESENT: COMMISSIONERS: KNIGHT, NORKIN, BHUTTA, SUND, HEWISON ABSENT: COMMISSIONERS: NONE Also present were: Information/Communications Manager Dennis, Sergeant Yates, Lieutenant Fontneau, Deputy Menchaca, Deputy Estrada, and Office Specialist Porche. PUBLIC COMMENTS John Treese of 32420 Cape Cod, Lake Elsinore expressed his concerns with the speed of traffic on Palomar. He stated that less than 10% of traffic travels less than 35 MPH. He suggested to the Commission to have speed bumps placed in the road to help reduce the speed. AGENDA ITEM NO. J a.......- PAGE I OF r ~,. Page 2 - Public Safety Advisory Commission - April 11, 2007 CONSENT CALENDAR ITEMS 1. Minutes March 14,2007 Public Safety Committee Meeting Minutes. MOVED BY KNIGHT, SECONDED BY NORKIN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. BUSINESS ITEMS 21. Presentation: Anti-Gang Task Force (LEPD) Information/Communications Manager Dennis introduced Deputies Estrada and Menchaca who gave a presentation and briefing on the current efforts related to graffiti, vandalism and general public safety. Deputy Estrada stated that he has been working with Deputy Menchaca for over one year. He indicated that there are four gangs in the area. He stated that most of the gang members are between 16-20 years in age. He stated that most of the gangs come from the County. He noted that the Task Force has done a good job getting control of the gangs in the area. Commissioner Norkin asked the Deputies what type of crimes is the gangs usually responsible for. Deputy Estrada indicated that gangs are usually responsible for vandalism, burglary, vehicle theft and gang murder. Commissioner Norkin asked how many members are in each gang. Deputy Menchaca stated around lOO to 200 members. Commissioner Norkin asked if Murrieta and Temecula were having the same problem. Deputy Estrada stated "Yes". AGENDA ITEM NO. /0..... PAGE.. 2-- OF L Page 3 - Public Safety Advisory Commission - April 11, 2007 Commissioner Sund indicated that she attended the March 3, 2007 Parent Summit which was very helpful. She asked if the Deputies would consider speaking at the middle school in the area. Deputy Estrada stated "Yes". Commissioner Bhutta indicated that according to Lake Elsinore Supervisor Bob Buster, he puts the blame on the law enforcement leaders not notifying the difficulties in Lake Elsinore. Commissioner Bhutta asked "who is he talking about"? Lieutenant Fontneau stated that he did not read the article and would not be able to comment on the topic. Chairman Hewison asked the Deputies if the problem with gangs are growing or are they it stabilized. Deputy Menchaca stated that the problems with the gangs are stabled as the task force is managing the issues on a daily basis. . Chairman Hewison asked the Deputies if they have a dress code. Deputy Menchaca stated that they sometime travel undercover, however most of the time they wear a uniform. Commissioner Norkin asked the Deputies if the parents could be held responsible for the under aged gang members' actions. Deputy Menchaca stated that the parents could be held liable. He stated that most of the time the parents don't even know that their children are involved in a gang. MOVED BY HEWISON, SECONDED BY NORKIN AND CARRIED BY ~IMOUS VOTE TO ACCEPT AND FILE THE ANTI-GANG ~/ORCE REPORT. rPresentation: Lake Patrol Update (LEPD) Information/Communications Manager Dennis stated that Sergeant Yates would present to the Commission a briefing by the LEPD about AGENDA ITEM NO. 1- PAGE 3 OFL Page 4 - Public Safety Advisory Commission - April 11, 2007 the Lake Patrol and to give status of the current staffing and operating duties. Sergeant Yates gave a brief history of events that took place with the lake to include the first Lake Elsinore Well, the year that the lake went dry, and the training and proposed equipment for 2007. Commissioner Sund asked if she could do a ride-a-Iong. Sergeant Yates stated "yes". Commissioner Norkin asked how many boats are usually on the lake and if a license is needed to drive a boat. Sergeant Yates indicated that it depends on the conditions of the day to determine how many boats they will have on the lake, and that a person does not need a license to drive a boat. Commissioner Norkin asked if boaters are allowed to drink while driving a boat and if the three drownings that happened at the lake were alcohol related. Sergeant Yates stated that you may drink while in the boat but not when you are standing in the water. He indicated that he did not know if the drownings had to do with alcohol, but did know that all three were non swimmers. Commissioner Sund stated that until the City can get a ramp coordinator, would it be possible to spray paint some lines or posting a sign that would explain the procedures for entering the lake. Sergeant Yates stated that it would be an excellent idea and would discuss with Pat Kilroy, the Director of the Lake Department. Commissioner Bhutta asked Sergeant Yates on how the lake patrol keeps track of the warnings issued to the boaters. Sergeant Yates stated that everything gets documented in a log. AGENDA ITEM NO. ItA- PAGE-t-OF g Page 5 - Public Safety Advisory Commission - April 11, 2007 I Status Report for Shoreline Zone Identification signage and channeling of visitors to controlled access points. Chairman Hewison gave a brief summary of the progress to date. He indicated that there are some County issues with Perret Park. Other than that he stated, everything is moving along very well. MOVED BY KNIGHT, SECONDED BY NORKIN AND CARRIED BY A UNANIMOUS VOTE TO RECEIVE AND FILE THE SHORELINE ZONE IDENTIFICATION SIGNAGE AND CHANNELING OF VISITORS TO CONTROLLED ACCESS POINTS. 24. Public Outreach Schedule: PSAC Recommended Activities Information/Communications Manager Dennis stated that there are several outreach and education projects that have been recommended by PSAC and are scheduled for production and implementation. He presented to the Commission a handout of a timeline schedule which lists the items that he would be involved with. He stated that he would like to get a PSAC Coordinator to assist with the administrative tasks. Commissioner Sund asked Information/Communications Manager if he had someone in mind to take over as coordinator. Information/Communications Manager Dennis suggested Code Enforcement Supervisor Tony Romero. Commissioner Sund stated that she has worked with Tony Romero in the past and feels that he would be a great asset to the Commission. MOVED BY KNIGHT, SECONDED BY BHUTTA AND CARRIED BY A UNANIMOUS VOTE TO RECEIVE AND FILE PUBLIC OUTREACH SCHEDULE. SUBCOMMITTEE REPORTS Chairman Hewison stated that there are three topics that he would like to discuss. He stated that there is a subcommittee for the Lakeshore Overlay which has not met yet. AGENDA ITEM NO. /0- PAGE S- OF L Page 6 - Public Safety Advisory Commission - April 11, 2007 Information/Communications Manager Dennis stated that the Planning Department will be taking the lead on scheduling the next meeting. Chairman Hewison stated that a second subcommittee to continue to working with staff on the graffiti. Chairman Hewison comprised a list of topics that he would like the PSAC to vision and get direction. They are: . Sex Offenders in the City of Lake Elsinore . The sale of Alcohol to minors . The painting of fire hydrants . Citizen action patrol . Disaster preparation . Budget preparation . Proactive on DUI campaign . Public Safety Profile . Barking dogs . Boat launch rehab . Running red lights CITY STAFF COMMENTS Information/Communications Manager Dennis commented on the following: 1) Spoke of the Storm opening day of April 12, 2007 2) Budget Study Session on April 19 at 5:00 PM 3) Civic Center Study Session April 26 at 5:00 PM 4) General Fund Budget on May 17 at 5:00 PM 5) Introduced Dana Porche COMMISSIONER COMMENTS Commissioner Norkin commented on the following: AGENDA ITEM NO. / t'^- PAGE C OFL Page 7 - Public Safety Advisory Commission - April 11, 2007 1) Thanked the presenters for the presentations. Commissioner Bhutta commented on the following: 1) Thanked Lieutenant Fontneau, Sergeant Yates, Deputies Menchaca and Estrada for their presentations. Commissioner Sund commented on the following: 1) She spoke of the emergency awareness program that she attended and highly recommended it to other Commissioners. 2) Spoke of reapplying for the position ofPSAC. 3) She spoke of being invited to Samantha's Pride program in May. 4) She spoke of the ride-a-long with the Public Works Department. Vice-Chairman Knight commented on the following: 1) No Comments Chairman Hewison commented on the following: 1) Spoke of Section 8.18 Nuisance Abatement and how PSAC could assist. 2) Spoke of the annual report from WE TIP from 05/06. 3) Spoke of the request for the Franklin and Main stop sign. ADJOURNMENT THE PUBLIC SAFETY ADVISORY COMMISSION MEETING WAS ADJOURNED AT 7:40 P.M. RON HEWISON, CHAIRMAN PUBLIC SAFETY ADVISORY COMMISSION AGENDA ITEM NO. / a- PAGE 7 OF~ Page 8 - Public Safety Advisory Commission - April 11, 2007 Respectfully submitted, DANA PORCHE', OFFICE SPECIALIST Attest: MICHELLE SOTO, ACTING CITY CLERK OF THE BOARD AGENDA ITEM NO. ) ~ PAGE q OFL MINUTES PUBLIC SAFETY ADVISORY COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, NOVEMBER 8, 2006 **************************************************************** CALL TO ORDER Chairman Hewison called the Public Safety Advisory Commission Meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Knight. ROLL CALL PRESENT: COMMISSIONERS: KNIGHT, NORKIN, SUND, HEWISON ABSENT: COMMISSIONERS: NONE Also present were: Information/Communications Manager Dennis, Legal Counsel Mann, Administrative Services Director Pressey, Code Enforcement Supervisor Romero, Sergeant Yates and Clerk of the Board Ray. PUBLIC COMMENTS Chairman Hewison noted that William Arnold informed him of his immediate wish to resign from the Commission on November 2nd. He wished Mr. Arnold well and thanked him for his service. Legal Counsel Mann explained the application and appointing process. AGENDA ITEM No.1 VL. PAGE / OFL Page 2 - Public Safety Advisory Commission - November 8, 2006 Information/Communications Manager Dennis commented that the appointment may be in January. He noted that there was a fall back date if the subcommittee was not able to complete the recruitment process. CONSENT CALENDAR ITEMS Chairman Hewison noted that he would like the City Council to receive a copy of the Commission's minutes. MOVED BY NORKIN, SECONDED BY KNIGHT AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following minutes were approved: a. Wednesday, October 11, 2006. BUSINESS ITEMS 21. Mid- Year Budget Process (presenter: Matt Pressey). Administrative Services Director Pressey gave an overview of the budget process. He noted that Council adopts a budget each June. He indicated that there are two study sessions, one in May and one in April. He noted what each study session focused on. He noted that a mid-year budget review takes place in January. Administrative Services Director Pressey suggested that the Commission, prior to the mid-year budget review, come up with a recommendation in writing that would be submitted to the City Manager. He noted that after the recommendation is submitted to the City Manager, the appropriate staff and departments would review and consider the recommendation and then report on it at the study sessions prior to the adoption of the mid-year budget review. Commissioner Norkin commented that he would like to propose to the City Council getting security cameras or a device for the graffiti issue. He clarified the process that the Commission needed to follow in order to get an item funded. AGENDA ITEM No.1 a- PAGE J- oeL Page 3 - Public Safety Advisory Commission - November 8, 2006 Administrative Services Director Pressey commented that all the research that the Commission did would be submitted to the City Manager. He noted that the City Manager would then bring that up at the study session or mid-year budget review. He noted that at that time, staff would acknowledge that they received a written recommendation from the Commission. He noted that staff would do their added analysis and determine the dollar amount. He indicated that Council would then consider funding the item at that time. Chairman Hewison commented that the Commission needed to clarify with the City Council on their role in the budget process. 22. Graffiti Ordinance L.E.M.C. 9.52 Second Draft Revisions. Information/Communications Manager Dennis commented on the item. He noted that the item was the 2nd draft of the graffiti ordinance. He noted that Code Enforcement and the Police Department had reviewed and added to the ordinance. Legal Counsel Mann noted that he had presented a chart of changes to the Commission. He commented on the changes and gave an explanation for each of them. He commented on gang related graffiti. He noted that the reward was changed to $1,000 per incident. He further noted that a provision had been added for community education. Commissioner Norkin noted that he was disappointed that a lot of his thoughts were not put into the ordinance. He noted that graffiti was a problem in the City. He noted that there was no set penalty for vendors selling spray cans to minors. He noted that the State Law had strong verbiage. Commissioner Sund commented on graffiti problems at schools and restaurants. Vice Chairman Knight noted that the draft was a lot better than what the City had before. AGENDA ITEM NO. / V<- PAGE] OFL Page 4 - Public Safety Advisory Commission - November 8, 2006 Chairman Hewison noted that he agreed with the proposal oflogging who buys 5 or more cans of spray paint. He commented on penalties for vendors who are caught selling to minors. Information/Communications Manager Dennis commented on Section 050 "A" on page 3 of7. He noted that the grammar allowed for the interpretation to be misread. He suggested removing the last clause. Sergeant Yates commented on the time frame for graffiti removal. Code Enforcement Supervisor Romero commented on the issue of getting the notice out. Commissioner Norkin inquired ifthere was any private property owners that did not want their building cleaned. Code Enforcement Supervisor Romero explained the process of nUIsance. Legal Counsel Mann noted that he was not aware of any City issuing a felony for graffiti. Commissioner Norkin commented that he had found it in the San Francisco City Code under a Penal Code 594. Commissioner Norkin inquired if there were special penalties for certain incidents. Commissioner Sund commented on animals being victims of graffiti. Chairman Hewison commented on additional punishment for vendors selling cans of spray paint to minors. Chairman Hewison commented on Section 060 "B". Chairman Hewison and the Commission agreed that it should be 3 days. Chairman Hewison gave an overview of what was to be rewritten. The Commission agreed on a $1,000 reward. AGENDA ITEM NO. / CL PAGE t.; OF...2.. Page 5 - Public Safety Advisory Commission - November 8, 2006 MOVED BY KNIGHT, SECONDED BY NORKIN AND CARRIED BY A UNANIMOUS VOTE TO RECEIVE THE PROPOSED REVISIONS AND INCLUDE THE RECOMMENDED REVISIONS. 23. Preparation of Joint City Council/PSAC Study Session on November 9,2006 to present PSAC Goals and Objectives. Information/Communications Manager Dennis commented on the item. He noted that the Commission would need to concur with City Council in regard to setting a Joint Meeting. MOVED BY NORKIN, SECONDED BY KNIGHT AND CARRIED BY A UNANIMOUS VOTE TO CONCUR WITH CITY COUNCIL ACTION TO SCHEDULE A JOINT STUDY SESSION ON THURSDAY, NOVEMBER 9,2006 AT 4:30 P.M. AT THE CULTURAL CENTER. 24. Schedule Joint PSAC/Planning Commission Study Session on December 13, 2006. Information/Communications Manager Dennis commented on the item. He noted that staff had proposed the Joint Study Session to tie issues with the General Plan Update to the Lakeshore Drive Overlay District. MOVED BY SUND, SECONDED BY NORKIN AND CARRIED BY A UNANIMOUS VOTE TO SCHEDULE A JOINT PSAC/PLANNING COMMISSION STUDY SESSION ON WEDNESDAY, DECEMBER 13,2006 AT 3:00 P.M. IN THE CULTURAL CENTER TO DISCUSS THE LAKESHORE DRIVE OVERLAY DISTRICT AND GENERAL PLAN UPDATE. 25. Regular PSAC meeting cancellation: December 13, 2006. MOVED BY KNIGHT, SECONDED BY SUND AND CARRIED BY A VOTE OF 3-1, WITH NORKIN CASTING THE DISSENTING VOTE, TO CANCEL THE DECEMBER 13, 2006 MEETING. 26. Action Log. AGENDA ITEM NO. I tfL PAGE S- OF.L Page 6 - Public Safety Advisory Commission - November 8, 2006 MOVED BY SUND, SECONDED BY KNIGHT AND CARRIED BY A UNANIMOUS VOTE TO RECEIVE AND FILE THE ACTION LOG. INFORMATIONAL ITEMS A. Park Smart Program activity summary for October '06. No comments. SUBCOMMITTEE REPORTS None. CITY STAFF COMMENTS Information/Communications Manager Dennis commented on the following: 1) Noted the following upcoming events: November 10th - City offices closed for the Veteran's Day Holiday November 10th - Veteran's Day Salute Concert at 7 p.m. at the Cultural Center November llth_lth - GFI Grand Prix November 16th - Boys & Girls Club Dedication Sergeant Yates commented on the following: 1) Commented that police staff had been tripled for the GFI Grand Prix and there were a.m. and p.rn. shifts. COMMISSIONER COMMENTS Commissioner Sund commented on the following: I) Noted that she had met with a Code Enforcement Officer and was provided a updated Notice of Violation. She commented on motor-homes in the Reflection housing tract. AGENDA ITEM NO. / a....... PAGE ~.... OF2 Page 7 - Public Safety Advisory Commission - November 8, 2006 Vice Chairman Knight commented on the following: ]) Noted that he was happy to see the graffiti ordinance moving forward. Chairman Hewison commented on the following: ]) Commented on safety with the GFI event. ADJOURNMENT THE PUBLIC SAFETY ADVISORY COMMISSION MEETING WAS ADJOURNED AT 7:20 P.M. RON HEWISON, CHAIRMAN PUBLIC SAFETY ADVISORY COMMISSION Respectfully submitted, MICHELLE SOTO, DEPUTY CLERK OF THE BOARD Attest: FREDERICK RAY, CMC, CLERK OF THE BOARD AGENDA ITEM NO. / tJ.-- PAGE 7 OF-L- CITY OF ~ LAKE 6LSiNORf V! DREAM EXTREME MEMORANDUM TO: FROM: DATE: SUBJECT: PUBLIC SAFETY ADVISORY COMMISSION MARK DENNIS FEBRUARY 14, 2007 ONLINE PSAC REQUESTS FROM THE PUBLIC When public safety requests are received via the PSAC Web site online request form, staff will route the inquiry to the correct department for a response. Included on the reverse is an e-mail from Mr. Dwayne Thomas that was received via the PSAC's online public request form on January 28, 2007. The staff response on January 29 is from our traffic engineer, Mr. Ed Basubas. 07PSAC0214_informational_ Web inquiry Mark Dennis From: Sent: To: Subject: thomasdc28@earthlink.net Sunday, January 28, 2007 12:25 PM Mark Dennis; Susan Reid; james@temecula-usa.com PSAC Question Date: January 28,2007 First Name: Dwayne Last Name: Thomas Address: 29211 Allan St City:Lake Elsinore State: ca 'Zip: 92532 eMail: thomasdc28@earthlink.net Phone: 909-800-5035-ext Eve. Phone: ---ext Submission: complaint Issue: traffic Incident Date: Incident Time: "Incident Address: Incident Street: Conard Incident Cross Street: HWY 74 Complaint Summary: What is the current plan for placing a traffic light at the intersection of Conard and HWY 74? I notice the installation of traffic light at intersection leading to new construction areas, however nothing about the Conard intersection. Mark Dennis From: Sent: To: Subject: Ed Basubas Monday, January 29, 2007 4:51 PM Mark Dennis RE: PSAC Question -The traffic signal at SR74 and Conard is a requirement for Tr31792 at certain number of occupancy. At this time, the developer has not pulled occupancy yet but I would imagine that they would start submitting signal plans in a few months to start the process. The City does not have jurisdiction at this location (County/State) but only provided the requirement. I would guess that if the developer continues to build, the signal should be constructed in 8 months. EdB Edgardo Basubas, P.E., T.E. City Traffic Engineer City of Lake Elsinore 130 S. Main Street Lake Elsinore, Ca 92530 951.674.3124 ext 240 951.471.1418 (fax) e basu bas@lake-elsinore.org .: Print Version :. Page 1 of2 Editions of the North County Times Serving San Diego and Rlverside Counties Tuesday, February 6. 2007 Contact Us 0~ . om News Search Home News Subscribe oe..QC Sond News I3logs AN Moclla Subocrtbc COloncl.. Homes Job Web Search Classified Search Advertising Home Delivery Reader Services Traffic Stock, Sports Business Opinion Entertainment Features Columnists Cor Previous Issues Letters Obituaries Place An Ad Send Feec Ni:1!;;fll 0.11.\1"'! It\lI,~ - - - - - L .F',int Page] . .YI.I~$,dc1Y, FeDl"uiirY,6,,2007 Last modified Monday, February 5, 2007 9:12 PM PST Break-ins have school district considering increased security By: JOSE CARVAJAL - Staff Writer LAKE ELSINORE -- A rash of break-ins at several of its campuses has the school district considering ways to beef up its security systems, including hiring more guards and installing more cameras over the next couple of years. The topic came up over the weekend during the Lake Elsinore Unified School District board's annual retreat. Board members said they were concerned about the increased number of burglaries the district has seen in recent months. (', Though administrators said that break-ins tend to come in bunches that have come and gone in the past, board members nonetheless said the district needs to take action now. Board member Jon Gray reiterated that Monday. "We're concerned about it," he said. "We don't want to lose property that we've got to go out and replace. It hurts the education of the kids and it costs tax dollars to replace all of it." Since the district's holiday break began in mid-December, there have been 15 break-ins at district campuses, Assistant Superintendent for Business Services Darrin Watters said, Arrests have been made in only three of the 15 incidents, according to the Riverside County Sheriff's Department. The break-ins have cost the district more than $50,000 in stolen items and repairs, he said, though that number is being adjusted and will likely be significantly higher. Electronic classroom items such as computers and DVD players.that are easy to sell on the street tend to be the major items taken, Watters said, According to Lake Elsinore police Sgt. Evan Peterson, local schools haven't been the only ones hit. Districts in neighboring communities, such as Murrieta, Temecula and Perris, are having similar problems, he said. "It has been all over," Peterson said. In response to the rash of local break-ins, Watters is.recommending to the board thatthe district change the way it handles security throughout its 23 campuses. The district now uses an outside company for security guards to patrol facilities. Watters wants the district to hire its own security guards -- and more of them. n He also recommends that the district install more cameras on its campuses. Watters' plan, which would be phased in over the next two years, would cost the district significantly more than it http://www.nctimes.comlarticles/2007/02/06/news/califomian/5 _01_552_5_07. prt 2/612007 .: Print Version :. Page 1 of2 Editions of the North County Times Serving San Diego and Riverside Counties Monday, January 29. 2007 Contact U! News Search Home News Subscribe eO...QC Send -. Blogs NY _. SUboc~bo Colonel", Homes Job Web Search Classified Search Advertising' Home Delivery Reader Services Traffic Stock. Sports Business Opinion Entertainment Features Columnists Cor Previous Issues Letters Obituaries Place An Ad Send Feec [..J'Sj!!t:!?3!9lt ] Monday, January 29, 2007 Last modified Friday, January 26, 2007 11:09 PM PST :"\(}Jilll('OL:,"'-j'l iJ\ll...:-' "_ __~___ - ~_J ;,,--ll!I:(;\I~lk'lR;\IA~\ "~ School district, authorities collaborating on gangs By: JOSE CARVAJAL - Staff Writer LAKE ELSINORE ---- In the four years he's been a campus supervisor at Elsinore Middle School, Philip Walker has spent much of his time keeping an eye on students who might be involved with one of the street gangs operating in town. On Friday, he got a little training from local law enforcement agencies that should help him keep a closer watch on these youths. Walker was one of the several dozen campus supervisors from throughout the Lake Elsinore Unified School District who met with sheriff's deputies and officers from the county Probation Department to get a crash course on identifying potential gang members and tracking their activities. Figuring out who the gang members are and watching them closely can lead to good results, Walker said after the meeting. "It kind of gives us an advance warning that there might be something going on," he said. The meeting with the law enforcement officials came at the end of an all-day training session for campus supervisors from the district's three high schools and five middle schools. It was the first time the supervisors had such a meeting with law enforcement officials to share information on the city's street gangs. Friday's meeting was part of a joint effort by the schqol district and local law enforcement agencies to work more closely on gang issues, said Cindy Dickinson, the district's director of student services. It was particularly important to get the campus supervisors to meet with the police officers and get as much information from them as they could, she said. "They are our eyes and ears and our frontline people," she said. That's what sheriff's Deputy Robert Menchaca, a member of the Lake Elsinore Gang Enforcement Team, stressed to the supervisors as he gave them a briefing on the gangs in town. They see things on campus that law enforcement can't, he said, and the goal is to get the supervisors to pass on information to police. Whatever information law enforcement can get its hands on can help a great deal during an investigation, he said. After making that request for intelligence, Menchaca went on to tell the campus supervisors that there are four major gangs in town and that, overall, there are more than 500 gang members belonging to those and other street organizations. http://www.nctimes.comlarticles/2007/01l27/news/califomianllake_elsinore/21_59_081_2...1/29/2007 '.: Print Version :. Page 1 of 1 Editions of the North County Times Serving San Diego and Riverside Counties Monday, January 29, 2007 Contact Us ~om @OO..QC Send News Illagl AN Modi. SUbsc~bo Calandar Homes Job ~;j)II.C\llH)t{;-:I'\~ ' News Search Home News Subscribe Web Search Classified Search Advertising Home Delivery Reader Services Traffic Stock. Sports Business Opinion Entertainment Features Columnists Cor Previous Issues Letters Obituaries Place An Ad Send Feet [;;J"ximgage.. ] Monday, January 29, 2007 Last modified Friday, January 26,200711:09 PM PST Four arrested in thefts from Lake Elsinore schools By: The Californian LAKE ELSINORE ---- Two adults and two teens have been arrested in connection with numerous burglaries at schools throughout Southwest County. At 2 p.m. Thursday, Riverside County sheriff's deputies served a search warrant at a home on Pecan Street in Wildomar as part of an investigation into a recent burglary at Butterfield Elementary School on Grand Avenue, said Sg!. Evan Petersen. Items belonging to the school were found at the home and two underage boys were arrested, both admitting to investigators to committing numerous burglaries to schools in Lake Elsinore, Murrieta and Menifee, the sergeant said. Further investigation led deputies to a home on Okeechobee Lane in Lake Elsinore. More stolen property from local schools was found in that home and two men were arrested, Petersen said. Christopher Frias, 18; and Michael Carnes, 21, both of Lake Elsinore, were arrested and booked at Southwest Detention Center. According to jail records, both were booked on suspicion of burglary and possessing stolen property. Both men were released Friday after posting bail, jail records state. The juveniles arrested in Wildomar, whose names were not released because of their ages, were booked at Southwest Juvenile Hall, Petersen said. http://www.nctimes.comlartic1es/2007/01/27/news/califomianilake_elsinore/22_04_151_2...1/29/2007 Lake Elsinore I PE.com I Southern California News I News for Inland Southern California Page I of2 lake Elsinore Four arrested in school thefts , BURGLARIES: Campuses in the Lake Elsinore, Menifee and Murrieta districts have been hit. 10:00 PM PST on Friday, January 26, 2007 By SARAH BURGE The Press-Enterprise :\ I, Ii Ii I I Two men and two teens have been arrested in connection with a string of school burglaries over the past month and a half in the Lake Elsinore, Murrieta and Menifee school districts, a Riverside County Sheri ff's Department news release said. , , I I' 'I I' II II ,i I . ............... ~,t\'.l)-'..~.:~!!li,n,~~::~,\?~;I\l,:~~ On Thursday, deputies from the Lake Elsinore Station investigating a recent burglary at Butterfield Elementary School served a search warrant at a home on the 21000 block of Pecan Street in Wildomar. The investigators arrested two teenagers -- students in the Lake Elsinore school district -- who confessed to numerous school burglaries, the release said. They also discovered several pieces of digital media equipment stolen from Butterfield Elementary. http://www.pe.com/localnews/lakeelsinore/stories/PE _News _ Local_ S _ sschools27 .2905bal .... 2/7/2007 Lake Elsinore I PE.com I Southern California News I News for Inland Southern California Page 2 of2 Further investigation led them to a home on the 19000 block of Okeechobee Lane in Lake Elsinore, where they recovered more stolen property and arrested two Lake Elsinore men who also admitted to multiple school burglaries, the release said. The suspects have also been linked to burglaries at Wildomar Elementary, Luisefto Elementary in Corona, Kirkpatrick Elementary in Menifee and Oak Meadows Elementary in Murrieta, sheriff's Investigator James Rayls said. They may also have vandalized the Menifee Union School District office, he said. Stolen items included desktop computers, laptops, digital cameras and LCD projectors. Rayls said the suspects may have committed numerous other school burglaries. As many as 10 have been reported at Murrieta schools in recent weeks, and Temecula has reported several school burglaries as well. Christopher Frias, 18, and Michael Anthony Cames, 21, were booked into the Southwest Detention Center on suspicion of burglary and conspiracy, the release said. The two teens, whose names were not released because they are minors, were booked into the Southwest Juvenile Detention Center. Reach Sarah Burge at 951-375-3736 or sburge@PE.com I i I .1 http://www.pe.com/localnews/lakeelsinore/storiesIPE _News _ Local_ S _ sschools27 .2905ba I.... 2/7/2007 .: Print Version:. Page 1 of2 Editions of the North County Times Serving San Diego and Rivorside Counties Thursday, January 18. 2007 Contact U! News Search Home News Subscribe .O@..Of: &end Howl 810111 AN Modla SUbscribe Calendar _ Job Web Search Classified Search Advertising Home Delivery Reader Services Traffic Stock, Sports Business Opinion Entertainment Features Columnists Cor Previous Issues Letters Obituaries Place An Ad Send Feec LerintEa.ge . I Thursday, January 18, 2007 Last modified Wednesday, January 17, 2007 9:33 PM PST ~tlj:I.!!~~~~~Tn1r.s >-t1!j~C\U~lR:"'1 \~ Police chief: Lake Elsinore needs to expand force By: JOSE CARVAJAL - Staff Writer LAKE ELSINORE ---- The City Council, which touts public safety as its top priority, is expected to consider today whether to grant Police Chief Louis Fetherolfs request for eight more sWorn officers. Fetherolf made the request last week in a memo to the city manager in anticipation of the council's midyear budget review scheduled for this afternoon. The council will be reviewing its operating and capital improvement budgets and discussing revenue and spending adjustments. The budgets cover the fiscal year that ends June 30. While revenues are now expected to rise slightly to a little more than $31.5 million by the end of the year, expenditures are scheduled to increase nearly $500,000 to $31.4 million. Law enforcement spending promises to dominate today's discussion. Fetherolf is asking the council to approve the hiring of one motorcycle officer,'a sergeant to oversee the department's traffic division, six patrol officers and two nonswom community service officers. The added officers would cost the city an additional $530,000 for the rest of this fiscal year and $1.68 million the next year. If the council ultimately goes along with the request, it would inflate the police department to 50 sworn officers and would increase the ratio of police officers to residents from one officer for 1,000 residents to 1.2 officers per 1,000 residents. The higher ratio is preferred by the Riverside County Sheriffs Department, with which the city contracts for police services, Fetherolf said. Ratios aside, he said the city's climbing growth demands the additional police personnel. "With that influx of population also comes crime," Fetherolf said. His statistics appear to back that up. According to statistics included in his memo, from 2002 to 2006, major crimes in the city increased 17 percent, traffic collisions rose 43 percent, traffic-accident fatalities increased 55 . percent and calls for service rose 22 percent. Though the city's budget situation looks good at the midyear point, City Treasurer Pete Weber said, it might not be able to afford such an increase in public safety spending. "We would be strapped," Weber said. "We would have to make cuts elsewhere." City Finance Director Matt Pressey agreed. http://www.nctimes.com/articles/2007 /01/18/news/ca1ifornianl04_23 _ 801--,17 _ 07.prt 1/18/2007 .: Print Version :. Page 1 of2 Editions of the North County Times Serving San Diego and Riverside Counties Tuesday, January 9, 2007 Contact Us .Oi1~.QC Sood News 810gs AN Modla Subscribe calendar Homes Job News Search Web Search Classified Search Advertising Home Delivery Reader Services Traffic Stock. ~~~~-'i~ Ji]}Jlf~l~Ut~~A~J~ Home News Subscribe Sports Business Previous Issues Opinion Entertainment Letters Obituaries Features Columnists COT Place An Ad Send Feet [ ... printf'age I Tuesday, January 9, 2007 Last modified Tuesday, January 9, 2007 12:39 AM PST Lake Elsinore commission looking at county's new law on sales of graffiti tools By: JOSE CARVAJAL - Staff Writer LAKE ELSINORE -- As it looks at ways to revamp the city's outdated graffiti laws, the Public Safety Advisory Commission is considering forcing retailers that sell graffiti supplies to pay for beefed-up enforcement. The idea of having the retailers pay for enforcement has come up several times during the commission's discussions over the last six months. But it wasn't until the county decided to go that route last month that the commission took a step in that direction. The commission is expected to discuss at its meeting Wednesday whether it wants to incorporate a simiiar provision in the graffiti ordinance it has been crafting. Once approved by the commission, the ordinance would move on to the City Councii for final approval. Restrictions on retailers have been limited and rarely enforced, commission members have said. In its proposed ordinance, the commission is planning to change that by forcing businesses to record the names, addresses and driver's license numbers of anybody who buys three or more cans of spray paint and, possibly, by collecting revenue from the sale of such supplies to step up enforcement. Chairman Ron Hewison said Monday the commission probabiy will include in its ordinance some kind of provision that would give the city some money for enforcement. It doesn't necessarily have to go about it the way the county decided to do it last month, he said. instead of charging businesses owners a fee like the county wiil do when its new ordinance takes effect in July, Hewison said, the panel could opt to charge a special sales tax on the items typicaliy used by vandals, such spray paint and permanent markers. That might be the best way to raise enough money for enforcement, he said. "We don't have that many retailers," Hewison said. "It may be better to use the sales tax." The commission already has drawn up a proposed ordinance that hikes financial penalties on vandals, provides the possibility for their driver's licenses to be suspended. The proposal would also take away licenses from businesses for vioiating the city's graffiti laws. "It's turning out to be a good document," Hewison said. While it works on strengthening the city's laws, the commission is also looking at developing a broader strategy for combatting the graffiti problem. On Wednesday, members are expected to discuss recommending to the City http://www.nctimes.comlarticles/2007/0 1/09/news/ca1ifomian/1_ 06_391_8_ 07.prt 1/9/2007 .: Print Version :. Page 2 of2 Council additional funding for graffiti prevention. "The feeling is we should be recommending some objectives and goals," commission administrator Mark Dennis said. One of the things the commission will likely be talking about, he said, is improving how the city tracks incidents of graffiti. To Hewison, that's the key to beginning a good prevention program that couid eventually include the installation of cameras and other anti-graffiti devices in certain locations around town. The city has to do a better job of logging where graffiti happens and who is doing it, he said. "I think we've got to get the tracking right," he said. "Before we get the cameras, we've got know where the graffiti is at." The commission meets at 6 p.m. Wednesday at the Cultural Center, 183 N. Main St. -- Contact staff writer Jose Carvajal at (951) 676-4315, Ext. 2624, or jcarvajal@californian.com. http://www.nctimes.comlarticles/2007 /0 1/09/news/californianll_ 06 _ 391_ 8 _ 07 .prt 1/9/2007 .: Print Version:. Page 1 of 1 Editions of the North County Times Serving San Diego and Riverside Counties Thursday, January 11, 2007 Contact U! News Search Home News Subscribe Goe..QC S<Iold News BIagi AN Meclla SubllcrllMl Calondar Homos Job Web Search Classified Search Advertising Home Delivery Reader Services Traffic Stock, Sports Business Opinion Entertainment Features Columnists Cor Previous Issues Letters Obituaries Place An Ad Send Feec [.., Printg"!g,e>. J Thursday, January 11, 2007 Last modified Wednesday, January 10, 2007 11:00 PM PST 1C//nU c" lIOH:'iL\~ ~~ Public safety commission meeting cancelled By: North County Times - LAKE ELSINORE -- The Public Safety Advisory Commission's meeting scheduled for Wednesday was cancelled early in the day because a couple of its members were not going to attend, city officials said. Down to four members since the resignation of Bill Arnold in November, the commission would not have had a necessary quorum to conduct business because two more members were not planning to attend for personal reasons. The City Council is working toward filling the open seat. The commission had been scheduled to discuss at the meeting a beefed-up version of the city's graffiti ordinance. In particular, the commission was scheduled to discuss whether to incorporate a provision recently adopted by the county that would assess a fee on retailers who sell tools that could be used by vandals. Revenues from the fee would be used toward more enforcement of graffiti-related restrictions on businesses. A makeup date for Wednesday's cancelled meeting was not set, city officials said. If the meeting isn't rescheduled, the commission would meet Feb. 14. http://www.nctimes.comlarticles/2007/01/11/news/califomianllake_elsinore/21_51_281_1...1/11 /2007 .: Print Version :. Page 1 of 1 Editions of the North County Times Serving San Diego and Riverside Counties Tuesday, January 9. 2007 Contact Us News Search Home News Subscribe 80@..Qc S4nd News Slogs AN Madia Subscribe Calendar Homes Job Web Search Classified Search Advertising Home Delivery Reader Services Traffic Stock, Sports Business Opinion Entertainment Features Columnists Cor Previous Issues Letters Obituaries Place An Ad Send Feec I .Print Page] Tuesday, January 9, 2007 Last modified Thursday, December 28, 20069:27 PM PST ~~~!! I COI~"!,]l1~f,:s'] Deadline for commission applications nears By: The Californian LAKE ELSINORE ---- The city is still seeking applicants for an open seat on the Public Safety Advisory Commission. The deadline for applications to be received by the city is Jan. 5. The city is looking to fill the seat vacated by the resignation of former commission member Bill Arnold. He stepped down last month. Commissioners are appointed by the City Council and serve four-year terms. Applicants must live within the city limits or be the owner of a business that is established and currently licensed in Lake Elsinore. For an application, visit www.lake-elsinore.orgorstopbythecityclerkofficeatCityHall.130S.Main SI. http://www.nctimes.com/artic1es/2006/12/29/news/californianllake_elsinore/19_19_5512_2...1/912007 ./ . ,,'-,.~ "'.}/' -'" .~.L.JJ Distribution: Robin Chipman, Tony Romero, Dave Sapp, Bill Payne Please review the attached letter from SCE as it relates to the City performing graffiti removal on SCE facilities. Should we execute an agreement as SCE proposes in their letter? Your comments will be part of our discussion at the PSAC meeting on February 14, 2007. }r{\.wJc. ~ -----:7 ..!:J fBT SaRNO An EDISON lNTERNATIONAL<<J Company December 13, 2006 Requester's name Address City, State, Zip code Subject: Graffiti Abatement Authorization This letter authorizes (name of requester) to perfonn graffiti abatement activities, including repainting, concrete sand blasting, and the application of graffiti resistant coatings to Southern California Edison ("Edison") owned equipment. Edison will not be liable for damage or injury due to or resulting from the graffiti removal activities. This authorization is applicable to Edison equipment located (Specify the location or general geographical boundary of the equipment for requests received from other than governmental agencies). This authorization is effective (Specify the time periods, use the specific dates, if possible. If the project is expected to exceed a day, specify a time period, such as two weeks). Graffiti abatement activities must be conducted in accordance with the "Conditions for Painting Edison TDBU Equipment by Third Parties," (copy attached). Edison field construction personnel will conduct an orientation and training meeting with (name of requester) to ensure compliance with this policy prior to the commencement of any graffiti removal activities. Please contact (name and phone number of the appropriate fmld construction person) to schedule the orientation and training meeting. Sincerely, Attachment 26100 Menifee Rd Romoland, CA 92585 MINUTES PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, NOVEMBER 9, 2006 **************************************************************** CALL TO ORDER Chairman Hewison called the Public Safety Advisory Commission study session to order at 2:35 p.m. ROLL CALL PRESENT: COMMISSIONERS: KNIGHT, NORKIN, SUND, HEWISON ABSENT: COMMISSIONERS: NONE Also present were: Information/Communications Manager Dennis, Lake & Aquatic Resource Director Kilroy, Sergeant Yates and Clerk of the Board Ray. DISCUSSION ITEMS Lake Safety I. Lake Shoreline Safety Plan Update. Lake & Aquatic Resource Director Kilroy gave a status report on the shoreline safety plan. He noted that 10 of the zone signs were placed on City shoreline property. He commented on shoreline safety signage. He commented on Public Safety Information which included a revised lake use regulation brochure to highlight the "big 5" safety messages and shoreline zone schematics in both English and Spanish. AGENDA ITEM NO. /.iJ PAGE / OF-L Page 2 - Public Safety Advisory Commission - November 9, 2006 Lake & Aquatic Resource Director Kilroy noted that he revised the daily lake use pass. He commented that Lake Department staff was trained in first aid, CPR, boating skills and seamanship by the U.S. Coast Guard Auxiliary. He noted his staff was trained to do a daily and weekly "inspect and correct" . '. , I Lake & Aquatic Resource Director Kilroy noted that Phase 2 would include channeling visitors to controlled access points. He suggested evaluating and developing a strategy to mitigate potential hazards of storm water channels. He suggested also developing water quality signage. He suggested reviewing and revising Lake Ordinances and considering a part-time beach patrol coordinator. He noted that he would like to continue to improve public information. Vice Chairman Knight inquired if the lake condition warning could be done with flags. Lake & Aquatic Resource Director Kilroy noted that he would give it some consideration. Commissioner Norkin noted that the signage idea proposed by Vice Chairman Knight was a good idea. Lake & Aquatic Resource Director Kilroy noted that signs were placed when bacteria levels were high. Chairman Hewison suggested visiting HOA's for community outreach. II. Law Enforcement on Lake. Lake & Aquatic Resource Director Kilroy commented on Lake Elsinore's Master Plan. He noted the daily maximum boating capacity was 1,200 boaters. He noted that the lake use figures in regard to actual daily maximum boats was 700. He noted that staff was projecting to sale over 35,000 lake use passes for 2006. Sergeant Yates commented on law enforcement on the lake. He provided the Commission with a table for Annual Boating Statistics. AGENDA ITEM NO. I b PAGE L OF-'- Page 3 - Public Safety Advisory Commission - November 9, 2006 Sergeant Yates commented on the different type of citations issued on the lake and noted the dollar amount varied with each citation. Commissioner Sund inquired if the Commission could see some citations. Sergeant Yates indicated that the Commission could review some citations. Chairman Hewison commented on the amount of hours a deputy works. Commissioner Norkin inquired how many deputies are on the lake on a holiday weekend. Sergeant Yates indicated that it varied depending upon what he felt was needed. Commissioner Norkin commented on the safety issues with deputies on one sheriff boat and 2 sea-doos. He commented that more deputies were needed on the lake during holiday weekends. Lake & Aquatic Resource Director noted that there were normally 6 deputies on the lake during a holiday weekend. Commissioner Norkin commented on the number of boats sinking. He noted that the number had more than tripled since 2005. Sergeant Yates commented that staff was visiting those issues. Chairman Hewison inquired if the drownings were all boater error. Sergeant Yates confirmed. Commissioner Norkin inquired ifthe levee was considered a City beach and if drinking was allowed. Lake & Aquatic Resource Director Kilroy confirmed it was a City beach and drinking was not allowed on City beaches. Chairman Hewison commented on BUI's and to what point it is stressed in the Lake Safety brochure. AGENDA ITEM NO. J h PAGE j OF~ Page 4 - Public Safety Advisory Commission - November 9, 2006 Chairman Hewison suggested issuing fliers with information on BUI's. Commissioner Sund commented on putting tables, chairs and signage on the levee. Lake & Aquatic Resource Director Kilroy commented that he had not considered doing such things on the levee since it was a dam. Commissioner Sund commented on people fishing in the inlet channel. Lake & Aquatic Resource Director Kilroy noted that fishing was not allowed in the inlet channel due to a concessions agreement. Commissioner Norkin commented on getting a trained individual to assist boaters to ensure that individuals have the proper equipment in their boats. III. Safety at public/private launch facilities. Lake & Aquatic Resource Director Kilroy commented on preventative maintenance. He commented on minimum design standards for private boat launch facilities. He noted some private facilities that do not have ramps. Chairman Hewison commented on the concessions agreement. Lake & Aquatic Resource Director Kilroy commented on Commissioner Norkin's suggestion on having boaters sign a form before entering the lake. He provided the Commission with a sample form. Commissioner Norkin commented that the Clerk had mentioned that it was possible to retain the form in some type of file. IV. Standards for Launching. No comments. V. Boater Safety Education/Training. I I i ! I I I 1_- Lake & Aquatic Resource Director Kilroy commented that the City offered classes. He noted that there were Coast Guard Auxiliary classes, first aid AGENDA ITEM NO. / /; PAGE--f-OF --f.. Page 5 - Public Safety Advisory Commission - November 9, 2006 and CPR training/certification. He commented on courtesy boat inspections by the Coast Guard Auxiliary. Vice Chairman Knight inquired about the fee for CPR and first aid. Lake & Aquatic Resource Director Kilroy indicated that it was $45 for both. CITY STAFF COMMENTS No comments. COMMISSIONER COMMENTS Commissioner Norkin commented on the following: 1) Thanked Lake & Aquatic Resource Director Kilroy and Sergeant Yates for their time. Commissioner Sund commented on the following: 1) Thanked Lake & Aquatic Resource Director Kilroy and Sergeant Yates for their time. Vice Chairman Knight commented on the following: 1) Thanked Lake & Aquatic Resource Director Kilroy and Sergeant Yates for their time. 2) Commented on BUI's on the lake. Chairman Hewison commented on the following: 1) Requested that the Commission receive a copy of the power point presentation. 2) Commented on the number of BUI's on the lake. ADJOURNMENT AGENDA ITEM NO. / j PAGE S- OF ('- Page 6 - Public Safety Advisory Commission - November 9, 2006 THE PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION WAS ADJOURNED AT 3:45 P.M. RON HEWISON, CHAIRMAN PUBLIC SAFETY ADVISORY COMMISSION Respectfully submitted, MICHELLE SOTO, DEPUTY CLERK OF THE BOARD Attest: FREDERICK RAY, CMC, CLERK OF THE BOARD AGENDA ITEM NO. / .b PAGE G OF-L MINUTES JOINT CITY COUNCIL/PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, NOVEMBER 9, 2006 ****************************************************************** CALL TO ORDER Mayor Magee called the Joint Study Session to order at 4:37 p.rn. ROLL CALL CITY COUNCIL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE PUBLIC SAFETY ADVISORY COMMISSION PRESENT: COMMISSIONERS: KNIGHT, NORKlN, SUND, HEWISON ABSENT: COMMISSIONERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Lake & Aquatic Resource Director Kilroy, Community Services Director Sapp, Information/Communications Manager Dennis, RDA Analyst McCarty- Snead, Chief of Police Fetherolf and City Clerk Ray. PUBLIC COMMENTS -3 MINUTES None. AGENDA ITEM NO. J ~,. PAGE I OF.....L . Page 2 - Joint Study Session - November 9, 2006 DISCUSSION ITEM A. Public Safety Advisory Commission Goals and Objectives. City Manager Brady gave an overview of the item. He noted that the Study Session was requested by the Commission to discuss their goals and objectives. Chairman Hewison commented that the last time PSAC had met with Council was in August 2005. He noted that during that Study Session they reviewed the goals and objectives that were agreed. He noted that the Commission has narrowed the goals and objectives down to 7 key issues. He noted that the Commission was making fairly good progress. He noted that they needed clarification and direction on some of their key issues. Chairman Hewison noted that there was a need for the PSAC to be involved with the budget process. He commented on the PSAC meeting held on November 8, 2006. Commission Norkin commented that his agenda packet for PSAC meetings has been either late, incomplete or missing during the 4 months he had been serving on the Commission. He noted his disappointment. He suggested getting more help from staff. Chairman Hewison commented on the Shoreline Safety Plan. He noted that PSAC had reviewed the initial implementation. He noted that they were making good progress on that item. Chairman Hewison noted that the PSAC had been somewhat involved with Disaster Preparedness. He commented on Disaster Relief Fliers to residents. Chairman Hewison commented on the completion of the Large Party and RV Parking Ordinance. Chairman Hewison noted that the Commission had done well with community outreach and education. He noted the Commission's involvement with traffic safety. City Manager Brady indicated that it took a lot of stafftime and commented that Information/Communications Manager Dennis had done an outstanding AGENDA ITEM NO. / ~. PAGE :do OFi Page 3 - Joint Study Session - November 9, 2006 job. He commented that additional staff was needed. He commented on a possible reorganization of staff. . Mayor Magee noted the positive outcomes from the PSAC. Councilmember Hickman commented that the "gang graffiti" item should be combined with the "FBI". Chairman Hewison noted that the Commission was in the process of reviewing the Graffiti Ordinance. Councilmember Hickman commented on the "day laborers" relocating to different areas. He suggested incorporating that issue into the PSAC's objectives since it was a potential safety issue. Mayor Pro Tern Schiffuer commented that he would like to hear comments from the Police Chief on the police budget and traffic safety being investigated by the PSAC. Chief of Police Fetherolf suggested that the PSAC attend the Budget Study Session. Mayor Magee suggested providing the PSAC with the budget packet prior to the Study Sessions to help them be better prepared. Mayor Pro Tern Schiffuer suggested that the PSAC's review of the budget should consist of trying to help situations rather than getting involved on how things are enforced. Commissioner Norkin noted that they had a hard working Commission and they need to have support from the City and staff. Mayor Pro Tern Schiffuer noted that he was not concerned with the PSAC's progress; he noted that his concerns were in regard to "overloading" the Commission. Commissioner Sund noted the other committees she's involved with. She noted that Information/Communications Manager Dennis was very helpful. She noted it was very easy to work with Information/Communications Manager Dennis and City Attorney Mann. She noted that she would like to AGENDA ITEM NO. / L_. PAGE J OF ~ - Page 4 - Joint Study Session - November 9, 2006 work more with the Sheriffs Department as it related to schools and Neighborhood Watch. Councilmember Kelley thanked the Commission for their time and their hard work. She commented on the items involving the Commission that she was the most interested in. She noted that they were doing a great job. She commented on the Commission's involvement with the budget. She noted that the Commission was never intended to be an oversight on Police Budget Issues. Chairman Hewison indicated that they were seeking input at a policy level. He noted that the last time the PSAC met with Council, the Mayor had suggested that the PSAC get involved in the budget process. Councilmember Kelley noted that she welcomed the PSAC into the budget review and budgetary process. She commented on how the Police Department operated was off limits. Councilmember Buckley commented that as a potential goal for the coming year, it would be a good idea for the PSAC to look at investigating an ordinance to prevent overcrowding of individual homes under the Public Health & Safety Code. Councilmember Buckley commented on the matter of budgetary issues. He noted that the Council did not review the "internal Police budget". He noted the importance that the PSAC review the budget information and make recommendations to Council during the budgetary process. Councilmember Buckley inquired who added the Calabasas concept to the list. Chairman Hewison noted that Calabasas was mentioned when Bill Arnold was on the Commission. He noted that Mr. Arnold suggested that one of the ordinances he would like the Commission to be involved in were in regard to second-hand smoke. He noted that Calabasas was an example. Chairman Hewison commented on Citizen's Patrol. He noted that the Commission had received presentations from out of town Citizen's Patrol. He noted that the amount of work and number of volunteers involved would be about 100+ individuals. He noted that the Commission felt that they AGENDA ITEM NO. J. c PAGE-LOFl Page 5 - Joint Study Session - November 9, 2006 weren't ready to go for a Citizen's Action Patrol. Councilmember Buckley inquired if the PSAC has looked at concepts from other Cities in regard to a Graffiti Ordinance and incorporating provisions from the Building Code to help prevent graffiti. Chairman Hewison noted that the Land-Use Entitlement was a complete section within the Ordinance. Councilmember Buckley inquired about the sign poles around the lake. Chairman Hewison commented that the PSAC held a Study Session earlier in the day in regard to lake safety. He noted that they were shown a power- point presentation. He noted that the Commission was interested in showing the presentation to the public. Commissioner Knight commented on traffic safety. He noted that there were a lot of residents who were concerned with that issue. Mayor Magee commented on the leadership of Chairman Hewison. He suggested that the PSAC receive the same documents, in regard to the budget, that Council receives before a Study Session. He suggested that the Commission review the information and come back to Council in another Study Session to become involved in the budgetary process. Mayor Magee commended Information/Communications Manager Dennis for his work performance and noted that he was an asset to the PSAC. Mayor Magee suggested that the Office Specialist in the City Clerk's office could assist with the administrative side ofPSAC. City Clerk Ray indicated that his office could be of assistance. Mayor Magee commented on the Shoreline Safety Plan. He noted that staff would be coming back to the Commission with Lakeshore enforcement Issues. Mayor Magee noted that the complaint form needed to be online through the City's website. He noted that he received 3 to 5 Code Enforcement Complaints a day via e-mail. He noted that he was happy to deal with them, AGENDA ITEM NO. / L- PAGE S OFL Page 6 - Joint Study Session - November 9, 2006 but due to policy he has to turn them in directly to the City Manager. Chairman Hewison noted that he has seen Complaint Forms come through the PSAC's webpage as Informational Items. Information/Communications Manager Dennis noted that there was not a specific Complaint Form to capture Code Enforcement. He noted that the PSAC webpage had a Communication Form. He noted that whenever the Communication Form is used, the Commission gets various complaints. Mayor Magee inquired if a link could be added to the City's website that was specifically for Code Enforcement. Commissioner Sund noted that the City's website was not user friendly. Information/Communications Manager Dennis noted that the answer had to do with the long-awaited transformation of the City's website. He noted that once he was able to devote more time to the City Manager's office, he would be able to do it. Mayor Magee noted that with the leadership and the goals that the PSAC had accomplished, he sees the value of the organization and supports it. He commented on the City Manager bringing back recommendations at mid- year to provide some sort of staff support. He noted that he wanted to find a way to m~ke that happen. Mayor Pro Tern Schiffuer commented that backup support seemed to be an issue with the Commission. He noted there needed to be a balance between staff support and the things that the Commission is asked to do. City Manager Brady noted that staff was doing a great job and commended them for their efforts. He noted that the City Attorney's office was also doing a great job. He noted that in regard to the budget, the information provided to the Council for the mid-year and budget process would also be provided to the PSAC. He suggested providing the information to the Planning Commission also. AGENDA ITEM NO. I c PAGEr; OF .1... Page 7 - Joint Study Session - November 9, 2006 The Joint City Council/Public Safety Advisory Commission Study Session was adjourned at 5:19 p.m. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE RON HEWISON, CHAIRMAN PUBLIC SAFETY ADVISORY COMMISSION RESPECTFULL Y SUBMITTED: MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: FREDERICK RAY, CITY CLERK CITY OF LAKE ELSINORE AGENDA ITEM NO. I L PAGE {. OFl . MINUTES JOINT PLANNING COMMISSION AND PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION CITY OF LAKE ELSINORE . 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 WEDNESDAY, DECEMBER 13, 20 " PLEDGE OF ALLEGIANCE: Chairman O'Neal called the Joint Planning Co Commission Study Session to order at 4:03 p. CALL TO ORDER: Director of Community Developme ROLL CALL PRESENT: ABSENT: mmunity Development Preisendanz, Information C, Gty derk Ray, Lake and Aquatic Resources PUBLIC COM n- enda Items Mr. Tim Fleming sta C1dress as: Lakeshore Drive, Lake Elsinore. He said, "As a member of the general plan adv ry comminee I want to thank the Gty for their efforts in cleaning up the Lakeshore Drive lakefront properties as it is the first step in cleaning up the past. As a GP AC member it is my hope that before any decisions are made along the lake regarding lake front property use, careful consideration be given to the long term effects on the city. Being that we are only discussing raw land here, not urban renewal, we must ensure that our number one asset remains the lake itself. As you know, the lake has lost more amenities over the years, than we actually have in use today. I understand that today's Joint Study Session is to address codes and ordinances, land use-both permined and non-permitted, within the Lakeshore Overlay District. Our general plan update should contain two important issues: number one is the goals which should be the statements which should provide philosophical direction, ~nd Agenda Item No. I c;1 Page ---1- of I)... PAGE 2 - JOINT PLANNING COMMISSION AND PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION - December 13, 2006 number two the objectives to provide points of measurement and anainment. There have always been hopes and dreams for the lake and I believe we are on the verge of working towards the goals of achieving the extreme dream." Monica Swift of Bankhurst Realty from Lake Elsinore, representing her clients who were late to the meeting said, "The clients own ninety acres from Joy Street around Lakeshore on the Riverside Drive frontage. They have spent millions of dollars on the property and have plans to develop commercial and luxury town homes, and they don't want to~ zoned out. Theywant it to be taken into consideration that millions of dollars have;i>~t and people want to invest millions into our city, and there is a need for commercial." DISCUSSION ITEMS Director of Community Development Preisendanz the Lakeshore Overlay District. The Lakes controversial for the staff and the city because It in interests and ownership. First he demonstrated the District in the development code iden . . s a specific area area is defined on Exhibit A, and goes fr . Street to I down to Iowa. This is an area that as a ve been in via Code Enforcement, Lake Management and the Planning Divisi . t me" ned, they were interested in developing an area that is south of Riversid evelopers that wish to develop along there and along the j . area." E B was t current existing general plan. This exhibit was identified the Lake e Spec' ic Plan. He said, "This is a future specific plan, there is t or a plan ved by the City, except for an area in the general plan that describ lffi'. w this are ," s well as the rest of the lake edge should develop. We ha;. Gene calls it a Lake Edge, we have a Lakeshore Overlay Djs . . noth lay, an en we have another layer that would be our zoning. ~ will be ou exhl Th zoning describes or identifies the area in light purple as rec';llf*'~ 1, and there d Lakeshore that is Cl - Neighborhood Commercial, around Ma et where yco es in. There is an area along Riverside that's Commercial Park and a m or low d ty on Joy Street, so there are some spot zoning's in there as well. We have a multi.~'. r of st ards and requirements and design guidelines that we need to adhere to in develop area. The other item that you don't see on the maps currently is where the Army Corp gineers is involved in environmental issues as you enter into certain jurisdictional lines, so also are faced with that challenge. In the same light, I wanted to elude to our General Plan Update, and the General Plan Update through the General Plan Advisory Comminee has prepared numerous meetings through a couple of years where we have talked about the lake edge." He brought up tlte next exhibit and continued, "Currently tltere are tltree alternatives of land use we have developed through public hearings, workshops, and so forth, and in the area around the lake, the city will be divided into general districts: tlte Ballpark District which is the stadium area - and tltese are all proposed of course, and tlte Lake Edge District. Within the future plan we are identifying design guidelines and how tlte city id to Agenda Item No. / J- of I;;L ussion would be and very Page PAGE 3 - JOINT PLANNING COMMISSION AND PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION - December 13, 2006 develop the lake edge in the sense of urbanization, down to the smallest detail of fencing. There is a definite interest and a plan for the lake edge. It helps to know where we are coming from, what we are dealing with now, and what we are moving towards. This particular area is a portion of the Lake Edge District of the future general plan." "The Overlay District for instance requires Planning Commission approval of a design guideline for fencing in that area, so through the General Plan update, we are going to establish guidelines in that district so we have specific standards or guidelines to follow in the lake edge, which will encompass more than this area. So, I wanted to paint a picture of the current situation and fu ituation. We are now in the process of the future, so we can now make changes for a b . re for us. Orrrendy, though the issues of code enforcement are becoming mo more intense, but Code Enforcement has made a lot of changes down there and f cleaning up of debris, slabs, and fencing. So, we are addressing the restrictio at are e Lakeshore Overlay District, and those restrictions have to do with the ,(~t usee e of your exhibits regarding the use of the District itself as far as pe ed uses and those re conditionally permitted. That's where we are today and that's' whe e are going to , .iW." Mr. Preisendanz turns the floor over to Building Code enforcement issues. , "Over the past several plaints, specifically the area the Four Comers area. Those , fencing, meless camps, concrete slabs, and October of this year the Code Enforcement e hundred seventy (170) parcels located properties with the existing conditions in ting the survey, letters were sent out to t prop owners, informing them of those violations. nd have received quite positive results from most of roperty owners that are still not in compliance and we ve the outstanding issues, but I think if any of you have Pat Kilroy, Lake and Aquatic Resources Department, said "Today I am requesting direction on the process for establishing dock standards and not on the standards themselves. I've created a detailed draft of some dock standards which I will be handing out to you today. I wanted to read the pUlpoS~ and preface of why I see we need those dock standards. 'The Gty of Lake Elsinore is required by the State of California to maintain the lake for public park and rec;rration Agenda Item No. L<<- page] of f). PAGE 4 - JOINT PLANNING COMMISSION AND PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION - December 13, 2006 purposes in perpetuity.' That's based on the transfer agreement of the lake itself from the state to the City of Lake Elsinore. We own the surface water rights of the lake on which docks float on. The standards are intended to provide minimum requirements to protect public safety, access, navigation and water quality. The City of Lake Elsinore recognizes the utility and convenience of these residential docks for their owners; however, the city must balance the needs of the shoreline property owners with those of the general public for the safe enjoyment of Lake Elsinore by all recreational users. So, this is a rather sensitive issue where we're crossing over public and private properties. With the fluid nature of the lake own the surface water rights; it often inundates the property owner's property. This been kind of a gray area, so we need to be sensitive on how we approach establis' dock standards that kind of has a mix between land and water ties to it." Mr. KilroZ; ut Draft Standards. He continued, "Again, I am .not ask!ng for your inl?ut on th~i~S" to a . on the process; and I would recommend fomung a Jomt Sub-Qllnnuttee co ..... two me rs from each of the corrunissions to work out a final draft of these doc da. I envisio . Sub-Committee holding open public meetings to gather input 'ally f m shore line hy owners, because they're going to be the most affected. e . Z; to ask their inion for any standards that are established. If you generally agree recommendation today, then we woul? list this as an agenda item for 'yo!ilL regularly sche Corrunission Meetings for you to appomt two members of your Comnussi5lf . the Sub-Co " . sioners to discuss both d direction as far as how the bers f each Corrunission on a Sub- the Planning Corrunission as well, and Mark . 'on on an agendaized item to appoint two the current situation of the lake edge in ve to the general plan update and where we edge in t particular area because we are concentrating in . s' ners would see the city evolving. Planning Commissioner Comments Planning Corrunissioner Zanelli stated, "I think the improvements made along Lakeshore have been great. It looks much better. In regard to docks on private properties, I am not quite sure how that would fit in along any of those private properties along Lakeshore as the access to the properties themselves appears to be quite limited. I am not intimately aware of that, but I don't have an issue with having public docks for the residences. In any future development commercial properties along the water's edge such as condominiums or hotel, I would like to see Agenda Item No. / d Page ~ of I J-. PAGE 5 - JOINT PLANNING COMMISSION AND PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION - December 13, 2006 us maintain public access either through walking paths, bike paths, or some means for the public to transgress the areas anywhere we can along the lake as it is a resource for us and would attract tourism here and make it a nice place for people to come. I know in some other water front areas access is not available and I think that at this point in time, since we have an opportunity to guide that in the future, I would really like to see us make as much open space along the water's edge available to the public. If we decide to put together a committee I would volunteer to do that." Ms. Sund said, "I like the dock idea about having the two Co groups-the four of us." irector of Lake and t, it's new. I wish I 11 and I see by Planning Commissioner Flores directed his comment 0 Aquatic Resources: "I haven't had an opportunity to had gotten this earlier so I could review it. I took scanning that you've included the release of liab' . #'" Planning Commissioner Flores asked Mr. K standards today. any existing dock construction ase basis, you need city approval and a .th no guidelines provided." y if this would affect the entire shoreline any existing facilities have been considered, for instance the e. Mr. Kilroy said he was ust looking for a process to move forward on the establishment of any kind of dock standards. Planning Commissioner Flores said, "It seems like we are going to need a lot of procedures and standards, I agree that a Sub-Committee run from Public Safety Advisory Commission, including yourself and Commission, would probably put this in its perspective and I look forward to being a part of that." Agenda Item No. ,- Page S IrJ of ()., PAGE 6 - JOINT PLANNING COMMISSION AND PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION - December 13, 2006 Planning Commissioner Flores addressed Robin Cllpman, Building Division Manager "It seems to me, you're in the code enforcement part of this deal, which is good. Listening to many people, including the complaints from people who have been here, Mr. Flint and others, I am wondering how much more we need to add to this. I know that everyone has a wish list. Is there anything else you would like to see modified or in addition to the exisring zoning codes and so forth that you personally feel, through your experience of going through these complaints and cars and camping and RV s and housing. The most recent of course is the district providing its own soil in an area that should have never been allowed. Now e complaints are coming in because we have allowed an agency to do something that we, ac to zoning commercial laws prohibit. So, there must be additional items adding onto dard. I was wondering if you have any of those you would like us to review because . these chairs with these standards and regulations for quite some time." He colored as neighborhood . lopme isendanz said, "Neighborhood commercial has a list permitted, "re' also the Recreational District. Within neighborhood "'.liance stores, bicyde shops, florists, and general merchandise Mr. Preisendanz if there are any in existence today along the colored areas. Director of Community Development Preisendanz answered, "No, it is a good point you bring up. We've had some inquiries along the area where Cheney intersects Graham. The problem has been restricted access to get in and out of the site, restricted developable area in the sense of foundations and building pads. And so, whenever we have spoken to people they have gone away and not come back because of the restrictions. At one point, a couple of years ago I had discussed pole design, having a pier going out with a restaurant on it and it was two-story Agenda Item No. ~ Page (" of I d- PAGE 7 - JOINT ,PLANNING COMMISSION AND PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION - December 13, 2006 situation. It probably would have cost a great amount of money, but we had discussed it at a few meetings, but they never came back. It's really restricted, because there is a little narrow strip that's Cl, neighborhood commercial. Generally Cl is just a step down from CZ, which is general commercial." Commissioner Flores said he noticed that there are just a few of the areas highlighted and he knows of one only and that is the restaurant that's located in front of Elsinore Redi- Mix. He found it interesting to see those that were available near Ryan Aven well. He added, "The medium densiry. I noticed that there are some existing homes shore as well, but I noticed you have outlined or colored at least a mile long wi ving a scale. How many homes are actually in that medium densiry we are ta . t least from Cheney to Lakeshore, down to Caldwell Street in front of where again it is very ve not seen d here, and I Director of Communiry Development Preisendanz restrictive. These would be older homes that ha any developments come through along the Lakesh am not sure how far back that situation goes, about tw topography issues, and you have accesii;. issues-restricted zoning that is right behind the medium dt'" . " #' do incur flooding. I know owed for the excess water. I ce for that, from the lake itself to stated that the recreational zoning line al intent on the zoning was to create a buffer restnc i:I in use. The recreational area is very restricted . d he thought that was the intent for those areas that Commissione rive down Lakeshore and it is looking so good, but it still has room for impro re addressing some of the issues right now that need future improvements. u see that extend along the private properry and out into the water, as far as I'm med are a safery hazard and need to be dealt with. Docking, I guarantee you that as s n as we meet again, the Public Safery Advisory Commission will supply two members to study the dock situation and give you a safery guideline to work with." Commissioner Mendoza said, "I think the committee on the docks is warranted and I think we will move by leaps and bounds, especially with this path. They did a really good job but at the same time we have to make sure we are protecting the ciry also. As far as a few of these definitions, as far as the littering... I know we can't necessarily fine the properry owner for any of Agenda Item No. ( 4 Page I of (). PAGE 8 - JOINT PLANNING COMMISSION AND PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION - December 13, 2006 the littering on there because you can't say that he did it specifically, but can we fine them for not cleaning it up in a timely manner?" Director of Community Development Preisendanz responded, "Actually, unfortunately the property owner is responsible. We do give him or her a reasonable amount of time to do that cleanup, but after a period of time they are subject to citation if they don't take care of it. We try our best to coordinate with them We realize that they are not the people that put the litter there and in some cases Public Works will chip in and just clean it up, if it' ot too big an issue. If it becomes fairly large refrigerators and who knows what, we do t to try to help but eventually the property owner is responsible." Commissioner Mendoza said Code Enforcement is do' fencing guidelines are established is there any way th fencing that we have the guidelines established for on it just to prevent any illegal dumping on it? rights orthe property owner's rights down there. ffe asked, "Once the er can't afford the or defer the cost 'e resident's he non-co . g use, in number C on the foundations te strucnJs not for use for retaining purposes, not in ed property shall be removed within six (6) em pay a bond, whatever the cost of removal is g down so we don't have to come back and say it d all of a sudden they can't afford to take it out?" opment Preisendanz asked Commissioner Mendoza if he was a bond, each of the property owners to keep them from placing Commissioner Mendo said he was talking about if there are any new structures that need to be removed after, say six (6) months; it says 'Shall be removed within six (6) months.' If someone put something in that has to be removed within six (6) months, it could if we were able to condition it. If it was a project that came before the Commission and the Gty Council could condition it to bond for a removal. Commissioner Mendoza responded, "Obviously, we can't do it to the older ones, I'm just saying if anyone does anything in the future. That's to protect our interest." Agenda Item No. Page <t /d of I).. PAGE 9 - JOINT PLANNING COMMISSION AND PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION - December 13, 2006 Director of Community Development Preisendanz said "There are situations where some pennits are ministerial, for example over the counter small structures, and so those we are not able to condition, so I don't know if we have the mechanism to do that for smaller structures, but we could on larger structures. In the Lakeshore Overlay District for instance, restaurants are allowed in there if it would work, you have to meet all the construction techniques and everything, but in that case we could require a bond for a sign or a fence." Commissioner Mendoza answered, "I'm just trying to think 0 protect our interests so someone can't say, 'Hey I didn't mean to take it up.' I know we're pretty diligent on everything tha o get back to the al ramifications g on what the zoning is, g to the current standards. We e if it was non-conforming to the . ght in here, this big recreational area, what is allowed Director of Co .ty Dev pment Preisendanz responded, "Glrrently that area that you are pointing at is Cl or . rhood commercial along the west side of Lakeshore Drive and its vel)' narrow as you can". . In the Recreational Area you would have such things that would be approved with a conditional use pennit... This is agriculture, horticulture, airports or heliports, athletic fields, boat docks, campgrounds, equestrian facilities, fishing piers, golf courses and driving ranges, parks." Vice Chair Gonzales confirmed that these would be things that would come under water without serious problem. Agenda ''1 No. Page of Id I'd-- PAGE 10 - JOINT PLANNING COMMISSION AND PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION - December 13, 2006 Director of Community Development Preisendanz agreed. He said, "If you look at the list, there are tennis courts and it says 'Other uses which the Planning Commission finds to be in accord with the purpose of this chapter'. If a use came in that was not on this list we would have to bring it before the Commission and adopt a resolution to add it to the list. The intent is to keep major structures out of the recreational area. This Recreational District is more restrictive, than you see on the Overlay District, which encompasses the entire lake. It's a good point you brought up in the sense that the recreation is the challenge that we've had." Vice Chair Gonzales asked if they were talking about condomini~d where those were being looked at along the area they were discussing.- Riverside D . dW e area in red. He asked if there was a spot where it was possible it would meet the doc' sf . n. ffect these developments later. From the h artily a joint sub-corrunittee to address the processing is corrunittee could address a number of issues that have been "'Mught up. As a xamp, what are tourist-oriented uses, public access? What are in fact the c~~lans with pect to the development of this area? What about fencing, overnight camp. oreline,Mfer zones? I think that what can happen here is that all of these can be addressed b . u of members from each of these corrunittees getting together with the appropriate mana d putting together some standards that can in fact be sent back to each of the respective orrunittees for further comment. Deputy City Attorney Santana would probably attest to that one could ask another question, and another question, and another question, and quite frankly it seems to me here that the specificity is not what we are necessarily looking for, but we are looking for some direction. So, it seems to me that the best thing would be for this Sub-Corrunittee to address all of these concerns and I would be happy to either appoint or ask for two bodies from the Planning Commission to make time to do this." Agenda Item No. Page /0 IJ of I).. PAGE 11- JOINT PLANNING COMMISSION AND PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION - December 13, 2006 Robin O1ipman, Building Division Manager said, "I think we're all aware that there is a certain homeless population in Lake Elsinore and we do have a continuous fight, if you will, to keep certain areas, in particular Lakeshore and the Four Comers area. It's basically the same people that move around in groups. We clean them out of one area and they set up camp in another area. Some of that will go away with the Public Works having trimmed the trees up very high and creating much more visibility down there, so you won't see that going on as much, but it is an ongoing battle." Robin O1ipman, Building Division Manager responded, "The c one that I recall down on Joy Street had upwards of fifte smaller camps, in the neighborhood of five (5) people." vary. The most recent Ie . Typically they are comports with comprised ublic, then it O1airman O'Neal..said "I ha ~##J'B,",."" , !in d" @""W'41"'ll~hp" B mc e nO~~:loto'mclu:,,:~pu whatever"grrection this JOl!!t~ub-c li I b...j\f4@"llfh.$it"f tt e It'anltMl ows or t est"" to g ''if$,''>, ') think aboudll'at." , v, Co " FlIIllIh 'd "I ,11 . h Co ., r'L' Th uld ke mnuSSlOner 0~S, sal, .~nave to agree WIt you mnnsslon \...uamnan. at wo ep h. Co ., Sfff', if? ,. h ailabl d I 'h ff" t IS mnnsSlon WI two COmnnsSlOns t at are av e to ay, a ong WIt sta . odyabout this particular issue. I would be so would have ample opportunity to comment on tt would take. Also, I think it speeds up the process a ction in a rapid manner. That would be how I would Director of Communi evelopment Preisendanz thanked both Commissions for attending the meeting; the study session was to bring to light an issue that has been going on for quite a while. STAFF COMMENTS NONE Agenda Item No. Id Page ---L1- of I J- PAGE 12 - JOINT PLANNING COMMISSION AND PUBLIC SAFETY ADVISORY COMMISSION STUDY SESSION - December 13, 2006 PUBLIC HEARING ITEMS NONE BUSINESS ITEMS Kristine He -, Office Specialist j NONE INFORMATIONAL NONE ADJOURNMENT THERE BEING NO FURTHE . ADJOURNED THE STUDY SE ATTEST: Rolfe Preisendanz, Director of Community Development Agenda Item No. Page 11 Id of I).... CITY OF LAKE ELSINORE REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CHAIRMAN AND COMMISSION MEMBERS FROM: MARK DENNIS, INFORMATION/COMMUNICATIONS MANAGER DATE: FEBRUARY 14, 2007 SUBJECT: APPOINTMENT TO JOINT PSAC/PLANNING COMMISSION SUBCOMMITTEE ON LAKE SHORE OVERLAY DISTRICT BACKGROUND A subcommittee comprised of two Commissioners each from the PSAC and Planning Commission is being formed to review several Lakeshore Overlay District issues that potentially affect shoreline property owners under their respective City and County jurisdictions. Final recommendations on these issues and processes for involving County and City stakeholders will be developed by the subcommittee, subject to public comment and input from both Commissions, for City Council consideration. DISCUSSION On December 13, 2006, the Planning Commission and PSAC held a joint study session on the Lakeshore Overlay District, shown in Attachment A. Staff initially proposed formation of a joint subcommittee to develop recommendations on minimum dock standards and a related stakeholder involvement process (see attachment 8 for proposed dock standards). This proposal was ultimately enlarged to include review of fencing, shoreline buffering and other safety related and permitted uses within the Lakeshore Overlay District. The subcommittee will refer its recommendations to their respective Commissions for input and public comment. The goal is not only to formulate public safety and minimum standards (e.g., docks and fencing) for various Lakeshore Overlay District permitted uses, but to develop a meaningful process for City/County stakeholder involvement for the City Council to approve and implement. The desired outcome is to develop and encourage consistent public safety, permitted uses and minimum standards under respective City and County lakeshore jurisdictions. FISCAL IMPACT None at this time. AGENDA ITEM NO...2..L- PAGE I OF.:2-.). RECOMMENDATION Appoint two Commissioners from PSAC and notify Planning Commission and staff. \~ENDA ITEM NO. :t I PAGE:l.. OF J ;2 ATTACHMENT B DRAFT 061213 City of Lake Elsinore Safety and Construction Standards for Residential Docks PURPOSE AND PREFACE The City of Lake Elsinore is required by the State of California to maintain the Lake for public park and recreation purposes in perpetuity. To support this directive, the City has adopted standards for docks. These standards of the City of Lake Elsinore apply to all residential private docks on Lake Elsinore. The standards are adopted pursuant to the authority of the City of Lake Elsinore as provided by law and are intended to provide minimum requirements to protect public safety, access, navigation and water quality. The City of Lake Elsinore recognizes the utility and convenience of these residential docks for their owners; however the City must balance the needs of shoreline property owners with those of the general public for the safe enjoyment of Lake Elsinore by all recreational users. DEFINITIONS Abandoned Dock: A dock that (1) is adrift; or (2) owner cannot be located within a reasonable amount of time. Design Elevations: Minimum and maximum operating lake elevations for the dock, measured in feet a bove mea n sea level. Dilapidated Dock: A dock that (1) has any structural members, roofing, decking, flotation or walkways that are not securely attached and could pose an immediate safety or navigation hazard; (2) is submerged; (3) is not floating upright; (4) has deck or floors below water level; (5) is in a state of disrepair or (6) is otherwise not in full compliance with these minimum standards. Encased Flotation: Expanded polystyrene fully encased by high density, high molecular weight polyethylene with a minimum thickness of .150" on the bottom and .125" on the top. Expansion: Any increase in the water surface area of a residential dock. Existing Residential Dock: A residential dock located on Lake Elsinore prior to the effective date of these standards. City: City of Lake Elsinore Regulated Area: Lake Elsinore Recreation Area under the statutory purview of the City of Lake Elsinore. Modification: Any change, addition or alteration of a residential dock; or any change, addition or alteration in the location, configuration, structure or substructure of a residential dock. A modification does not include routine maintenance and repairs, or repairs required by CITY to bring a residential dock that is dilapidated or abandoned into compliance with these standards. Resfdential Dock: A noncommercial dock associated with a single-family residence or vacant property abutting Lake Elsinore for which no compensation will be received by the owner of the dock for its use. Shoreline: The line at which the lake's water surface comes into contact with dry iand at any given point. The shoreline will move as water levels change. Water Surface Area: The total area including, but not limited to, the length times the width of the residential floating dock plus the open water slip area and walkways/gangways. AGENDA ITEM NO.' .:</ -1- PAGE i} OF~ DRAFT 061213 DOCK STANDARDS A. Prior to a residential dock being located on Lake Elsinore a permit shall be obtained from the City of Lake Elsinore. A permit may be obtained only after the submission of an application duly executed, in writing by the applicant, upon a form prescribed and provided by CITY. Said application shall have attached: 1. Proof of shoreline property ownership for dock location on Lake Elsinore. 2. Street Map showing general location of property adjacent to Lake Elsinore. 3. Copy of parcel or plat map with drawing showing: . Orientation of the dock to the property, shoreline and lake. . Applicant's property line. . Minimum distances between dock and any other floating structures or markers within 150 feet. . County assessor's parcel number. 4. Scaled Drawings and Specifications of Dock: . Plan (top) and Profile (side) views and dimensions drawn to scale (i.e. 1" = 10') . Specifications for building material (structural framing, decking, flashing, etc...) . Note features of dock (i.e. color, plumbing, electric, number of slips, etc...). 5. Length and width of gangway. 6. Specifications for flotation: . All new docks REQUIRE encapsulated foam filled floats that are commercially sold for docks or professionally engineered for application. . Estimated weight of completed dock. . Floatation buoyancy in pounds per square foot. . Total surface (topside) square footage of floats. 7. Drawing and specifications for anchoring dock (i.e. material, shape, mass, rode, stiff-arms). 8. Written description of how dock is designed and maintained to function under changing lake elevations. 9. Waiver form (if construction standard variance is requested). 10. If a dock is wired for eiectricity, the "Check List for Dock Electrical Permit Inspection Form" must be provided and signed by a certified electrician before final permit approval. 11. Upon final approval permits the annual payment decal must be affixed to the dock and the permit number displayed so that they are easily identified from the water. B. Upon issuance of said permit, a permit number will be assigned each residential dock. The City will provide a plaque with the permit number to the applicant. The residential dock owner is required to attach the permit number plaque to the dock, so that it is easily visibie from the water. C. Permittee agrees to promptly pay the annual permit fee as set forth in the Schedule of Fees. A colored dock permit sticker will be returned to permittee that indicates the annuai dock permit fee has been paid. This sticker shall be affixed to the permit number plaque and prominently displayed. D. The permittee agrees not to lease, rent, sublet or provide to others, by any means of engaging in a commerciai activity, the permitted facility. This will not preclude the permittee from selling total ownership to the facility. E. If ownership of a residential dock is sold or transferred, the new owner must apply for a new permit and notify the City's Lake and Aquatic Resources Department within fourteen (14) days after property transfer is complete. Or remove the facility and restore the use area within thirty days (30) after ownership transfer. F. The minimum shoreline frontage required to receive a dock permit is 100 feet. G. A residential dock must be constructed of such quality material as to withstand IA\1ElIiIDA flr!MItrol.nd .;2/ -2- PAGE S- OF~ DRAFT 061213 exposure to strong wind, fast moving water and severe wave action. Main support frame shall be constructed of no less than two (2) inch steel pipe or two (2) inch square tubing, or other such material having the same tensile strength. Decking and walkways shall be constructed of marine grade material of no less than one and one-fourth (1 V.) Inch thickness. H. Floatation Material: 1. All flotation materials for newly constructed docks shall be commercially manufactured for marine use. Flotation materials shall be fabricated so as not to become water logged, crack, peel, fragment or be subject to loss of beads. Flotation materials shall be resistant to puncture, penetration, damage by animals and fire. Styrofoam flotation must be fully encased in solid polyethylene or concrete or other non-corrosive material. 2. Existing fiotation material (secured in place prior to July 1, 2005) in compliance with previous rules is authorized until and at such a time, subject to the CIlY's judgement, more than one quarter (1/4) of the existing flotation is no longer serviceable, at which time all flotation material shall be replaced with approved flotation installed upon notification from CIlY. I. No dock shall extend into the Lake more than 80 feet from the shoreline or beyond the lake bottom elevation of 1,236' MSL. J. No individual section of a dock shall be wider than 10 feet. K. No more than four (4) boat slips per dock are allowed. L. No dock shall fioat more than three (3') feet above the surface of the water. M. No superstructures are allowed to be built on the dock. N. All docks and associated gangways shall be in contact with the shoreline at all times. O. Boat slips for docks shall be designed and operated to completely enclose the boat on three sides. P. Any residential dock that has electrical service shall strictly adhere to the regulations set forth in the State of California Fire Code for fioating structures. At the time of application a certificate of inspection from a state licensed electrician shall be attached before the permit will be issued. The permittee is required to resubmit a current certificate of inspection to the City every three (3) years. Q. Any dock classified "Not Electrically Wired" (Red Sticker) will not have any permanent electrical supply installed without first applying for a classification chanae as per CIlY's Safety and Construction Standards. There will be no temporary electrical supply (extension cords, etc.) used and left unattended while it is on the dock or dock walkway. Any temporary electrical supply will be an approved UL Listed Supply Cord and be in good condition with all electrical connectors attached and in use. Any temporary electrical supply will use GFCI Receptacles. R. A residential dock shall be safely and securely anchored so as not to create a hazard to navigation or block ingress or egress of watercraft. S. There shall be a minimum twenty (30) foot buffer zone between residential docks, once set, no dock shall be closer than ten (15) feet from the edge of the property line. There will be no waiver of this ten (1S) foot setback rule. T. All docks should be located perpendicular to the shoreline and all U-shaped docks shall open only to the waterfront side. However, through the waiver request process there may be certain instances that docks may be allowed to be positioned parallel with the shoreline. To be considered for this waiver, sufficient room must be present on either end of said dock. On the closed end, it shall be no AGENDA ITEM NO. ;;>/ PAGE b OF~~ -3- DRAFT 061213 closer than ten (15) feet from the property line. On the open end, from the edge of the dock to the property line, there must be one and one half (1 V2) times the length of the slip, i.e.: a thirty (30) foot slip would require forty five (45) feet from the edge of the dock to the adjacent property line. U. The City Council, upon written application and after hearing subject to the procedural and substantive standards hereinafter set forth may grant waivers to the application of these rules and regulations: 1. Waivers of these rules and regulations may be granted by the City Council of CITY upon application. In approving waivers of these rules and regulations the City Council shall consider positive and negative impacts to the following: . Characteristics, zoning and prevailing permitted uses within a half-mile radius of the proposed activity. . . Shoreline topography and geometry. . Safety, navigation and flood control requirements. . Environmental impacts . Potential economic development and tourism benefits. . Recreational use impacts. . Statutory mandates. 2. The applicant shall be required to give notice and the City shall allow public comment, either at a regularly scheduled meeting of the City Council or at formal public hearing, before acting on any request for a waiver of these rules. 3. Public notice of the waiver request shall be given in accordance with guidelines established by the CITY and shall include: . Publication in newspapers of general circulation, including the county in which the property is located. . Mailing of written notice to all owners of property within a 300-foot radius of the exterior boundaries of the subject shoreline property. (Please note: This is the applicant's responsibility. Certified Mail receipts are required as proof of mailing.) CITY will not post in newspapers or website until receipts are received. . Posting on CITY's website for a period of thirty (30) days. . And such other notice as directed by CITY staff. 4. A request for a waiver shall be initiated by the filing of a written application and shall be set for hearing as prescribed by these rules. 5. A waiver, which has not been utilized within three (3) years from the date of the order granting the same shall thereafter be void unless otherwise extended by the City Manager. V. The City reserves the right to authorize representatives to enter the property of the permittee as necessary to make inspections and/or other activities under permit. W. No attempt shall be made by any permittee to forbid the use of all public access land and/or water, at/or adjacent to a permitted facility. X. The permittee agrees to operate and maintain any permitted facility in a manner so as to provide safety, minimize an adverse impact on fish and wildlife habitat, naturai environment or cultural resources values and in a manner so as to minimize the degradation of water quality. -4- AGENDA ITEM NO. PAGE 7 ~/ OF .:(~ DRAFT 061213 Y. The permittee agrees to save and hold harmless the City of Lake Elsinore, its officers and/or directors from any and all causes of action, suits at law or equity, claims or demands, or from any liability of any nature for, or on account of, any damages to persons or property, including a permitted facility, growing out of the ownership construction, operation or maintenance by the permittee of the permitted faciiity and/or activities. Z. Ownership, construction, operation, use and maintenance of a permitted facility and/or activity are subject to all federal, state and local laws, as well as all rules and regulations now in effect; or those promulgated in the future by the City Council of the City of Lake Elsinore. Failure to abide by these iaws, rules or regulations may be cause for revocation of the permit. AA. If the permittee faiis to comply with applicable laws, rules or regulations or ceases to use, operate or maintain a permitted facility, the CITY may revoke the permit and cause the facility to be removed by a contract or otherwise and the permittee agrees to pay all costs incurred thereof. BB. Nothing in these standards shall prevent the OTY from seeking injunctive relief or any other remedy in law or equity at anytime against any person allegedly violating these standards. CC. Whenever regulations or restrictions imposed by these standards are either more or less restrictive than reguiations or restrictions imposed by any governmental authority or other entity that might have authority to reguiate residential docks, the regulations, rules or restrictions that are more restrictive or impose higher standards shall govern. DO. No private residential fixed piers or wharfs are permitted on Lake Elsinore. -5- AGENDA ITEM NO. .:?/ PAGE 8' OF.t? ~ - City of Lake Elsinore Lake and Aquatic Resources Department 130 S. Main Street, Lake Elsinore, CA DRAFT 061213 Phone: 951-674-7730 FOR CITY USE ONLY: Application for Residential Private Dock Permit GPS Coordinates APN Latitude (N ddd mm.fff') Longitude (W ddd mm.fFr) Permit Number NAME: MAILING ADDRESS: City State Zip Shoreline Property ADDRESS: City State Zip APPLICATION IS MADE FOR THE FOLLOWING: (please checkmark all that apply) o Construction of a new dock. Dock builder's name, address and phone number [] Replacement, alteration or an addition to a dock, for which permit number by CITY. Dock builder's name, address and phone number. has previously been issued o (location) to (location) has previously been issued by CITY. from: [] Relocation of a dock from for which permit number Transfer of dock permit number NAME: PHONE: ADDRESS: City State lip Landowner: C Applicant states that he is the owner of the land to which the dock will be located. Electric: [] This dock will be wired for electric. [] This dock will not be w'ron f"r olertrlC C Applicant states that he is NOT the owner of the land to which the dock will be located and that the following person is the landowner: (also attach written permission). NAME: PHONE: MAILING ADDRESS: City State Zip PHONE: Home MI~ ATTACH TO APPLICATION THE FOLLOWING: Cell 1. Drawings and specifications for dock, including: . Dock drawn to scale with dimensions, overhead & profile views. . Length and width of gangway. . Describe design features: (color, storage, plumbing & electric). . Specifications for building materials, especially flotation utilized. . Written description of design and maintenance of dock under fluctuating Lake elevations. 4. Proof of shoreline property ownership (Deed). 2. Parcel map, including the following: . Orientation of the dock to the property, shoreline, property lines and any floating structures or markers within a distance 150 feet. 5. Certificate of inspection issued by a licensed electrician must be provided to CITY for all docks that are electrically wired. 3. Anchoring: . Anchor type (weights or stiff arms, other?) . Specifications for anchors and anchor lines. 6. Waiver Application Form (if requesting a waiver) -6- AGENDA ITEM NO. .:?/ PAGE 'J OFi?a. DRAFT 061213 TERMS AND CONDITIONS: In consideration of the City of Lake Eisinore granting a Residential Private Dock Permit to the Applicant, Applicant hereby consents and agrees to the following: Applicant agrees to abide by the Rules and Regulations Governing the Use of Shorelands and Waters of CITY, which are incorporated and made a part of this agreement, and that a Permit issued upon this application may be revoked at any time by CITY. If CITY does, in fact, revoke said Permit of Applicant( Applicant shall be wholly responsible for all costs, including, but not limited to, court costs and attorney fees, incurred by tne CITY for removal of said structure from CITY's waters or property. Applicant, his agent, representatives or assigns agree that said dock shall be operated at his own risk, and CITY is hereby released from any and all claims for injuries or damages incurred while on CITY's premises. Applicant, his heirs, representatives or assigns agree that they will indemnify and save harmless CITY against any and all claims for damages to property, or injuries received by anyone, as a direct or indirect result from the operation of said dock upon CITY's waters, arising either from alleged or in fact negligence of Applicant, his agents, representatives, servants or guests; and Applicant further agrees to defend any and all suits filed or prosecuted against CITY, and to pay any and all Judgments, together with court costs, attorney fees and all other expenses of defending such suits. Applicant grants permission to CITY, through its authorized employees, to physically inspect Applicant's dock when necessary and reasonable. Applicant agrees to promptly pay the annual fee imposed by CITY for the privilege of placing and maintaining a dock. Applicant agrees to PROMINENTLY DISPLAY private dock permit number on said dock. The undersigned hereby certifies that he has read the above and foregoing, together with the Regulations mentioned therein, that he is familiar with the same and hereby agrees to be bound by the terms expressed above. Signature of Applicant Date Recommendation of Approval of Sheriffs Lake Patrol I hereby certify that I have inspected the described dock plans, and the location and that they conform to CITY's Rules and Regulations. Date Sergeant, Sheriffs Lake Patrol Private Dock Permit I hereby certify that I have inspected the facilities, improvements and work performed and that the same has been constructed and completed in compliance with CITY's Rules and Regulations. Date Building Inspector Photo # Date Lead Worker, Lake and Aquatic Resources Department Permission is hereby granted to Applicant to maintain the described dock on the Waters and Shorelands of Lake Elsinore subject to the conditions contained in the application and the Rules and Regulations Governing the Use of Shorelands and Waters of CITY. This permit may be revoked at any time by CITY upon 90 days notice if CITY determines that lake conditions make this area unsafe. Date Director, Lake and Aquatic Resource Department Permit Period is January lS'through December 31", Annual Permit Fee: A dock 1,000 square feet or less is $100 plus $25 for each boat slip over one. A dock over 1,000 square feet is $100 plus $.06 per square foot. Fee is not prorated. For more information go to: www.lake-elsinore.ora -7- AGENDA ITEM NO. ,;(1 PAGE ID OF~ DRAFT 061213 WAIVERS A. GENERAL: The City Council, upon wlitten application and after hearing subject to the procedural and substantive standards hereinafter set forth may grant waivers to the application of these rules and regulations: 1. Waivers of these rules and regulations may be granted by the City Council of the City of Lake Elsinore upon application. In approving waivers of these rules and regulations the City Council shall consider positive and negative impacts to the following: . Characteristics, zoning and prevailing pelmitted uses within a half-mile radius of the proposed activity. . Shoreline topography and geometry. . Safety, navigation and flood control requirements. . Environmental impacts. . Potential economic development and tourism benefits. . Recreational use impacts. . Statutory mandates. 2. The applicant shall be required to give notice and the City Council shall allow public comment, either at a regularly scheduled meeting of the Planning Commission or at formal public hearing, before acting on any request for a waiver of these rules. 3. Public notice of the waiver request shall be given in accordance with guidelines established by the CITY staff and shall include: . Publication in newspapers of general circulation, including the county in which the property is located; and . Mailing of written notice to all owners of property within a three hundred (300) foot radius of the exterior boundaries of the subject shoreline property. (Please Note: This is the applicant's responsibility. Certified Mail receipts are required as proof of mailing.) CITY will not post in newspapers or website until receipts are received. . Posting on CITY's website for a period of thirty (30) days. . And such other notice as directed by CITY staff. B. APPLICATION: A request for a waiver shall be initiated by the filing of a wlitten application and shall be set for hearing as presclibed by these rules. C. TIME LIMITATIONS: A waiver, which has not been utilized within three (3) years from the date of the order granting same shall thereafter be void unless otherwise extended by the City Manager. AGENDA ITEM NO. dl -8- PAGE 1/ OF..:(~ DRAFT 061213 City of Lake Elsinore Lake and Aquatic Resonrces Department 130 S. Main Street, Lake Elsinore, CA Phone: 951-674-7730 A lication for Waiver for Residential Private Dock GPS Coordinates FOR CITY USE ONLY: APN Latitude (N ddd mm.fff') Longitude (W ddd mm.ffn Permit Number NAME: MAILING ADDRESS: City State Zip Shoreline Property ADDRESS: i" , i iI".. Application for Waiver is made for: o 125-Foot Rule o Parallel slip entry o other Provide Dimensions: 1. Length of Dock Width of Dock Number of slips 2. Length of Walkway Width of Walkway Public Notice Requirements: a, Publication in newspapers of general circulation, including the county in which the property is located; and ~. b, Mailing of written notice to all owners of property within a three hundred (300) foot radius of the exterior boundaries of the subject shoreline property, (Please Note: This is the applicant's responsibility. Certified Mail receipts re required as proof of mailing.) CITY will not post in newspapers or website until receipts are received. G c. Posting on CITY's website for a period of thirty (30) days. " d. And such other notice as directed by CITY staff. Date Signature -9- AGENDA ITEM NO. :(1 PAGE ./.;:2 OF..e?B. DRAFT 061213 Residential Private Dock Application Checklist Name of Applicant: Please circle one of the following: New construction; Replacement; Alteration or Addition; Transfer of Ownership. Dock Permit #: All applications submitted must include all of the following or they will be returned to the applicant to be resubmitted with the necessary paperwork. It is the responsibility of the applicant to furnish this paperwork. No dock application can be processed without the following information: 1. Scaled Drawings: Overhead (lA) and Profile (IB) dimensions drawn to scale (i.e. I" = 10'). These drawings can be provided by your local dock builder. 2. Length and Width of walkway. (lA) 3. Detailed description of how dock is anchored (i.e. cable, stiff-arms). (IA) 4. Type of flotation. All new docks REQUIRE encapsulated foam. (IA) S. Survey plat map (IC) must be provided to verify: a. The applicant's property line. 6. Plot drawing showing placement of dock on water and minimum distances between dock and any other floating structures or markers within 150 feet. 7. Copy of wan'anty (title) deed. Should be included in abstract or contact County Assessor's Office. (IE) 8. Driving direction by land (IF) and water. (lG) 9. Waiver form (if variance is requested). 10. Permission Form (if applicant is not the owner of the land, in which the dock will be anchored). 11. If a dock is wired for electricity, the. "Check List for Dock Electrical Permit Inspection Form" must be provided and signed by a certified electrician before final pennit approval. 12. Upon final approval all permits (payment decal, dock permit number) must be affixed to the dock so that they are easily identified from the water. Failure to comply with this notice will result in CITY personnel posting your number on your dock at your expense. -10- AGENDA ITEM NO. .:? / PAGE /3 OF~ Citv of Lake Elsinore Lake and Aqnatic Resources Department 130 S. Main Street, lake Elsinore, CA DRAFT 061213 Phone: 951-674-7730 Docks with Electrical Service Any residential dock that has electrical service shali strictly adhere to the regulations set forth in the State of California Fire Code for floating structures. At the time of application a certificate of inspection from a state licensed electrician shall be attached before the permit will be issued. The permittee wili then, every three (3) years, resubmit a current certificate of inspection to the Lake and Aquatic Resources Department. CITY Electrical Inspection Stickers are to be prominently displayed on docks indicating compliance with this requirement. Check List for Dock Electrical Permit Inspection Form This form is to be used by any California Licensed and Bonded Electrician to provide information when a dock is inspected by an electrician for permit purposes. AIi sections must be completed for the Dock Pennit to be completed. The form must be completed by the Electrician and accompany ali other forms and information in your dock permit application. Electrical Inspection Correction Form This form is to be used by any California Licensed and Bonded Electrician to list corrections made that are required by a CITY Dock Electrical Inspection. This inspection is done by CITY personnel. Failure to complete this form may result in the loss of the Dock Permit. -11- AGENDA ITEM NO. .:? / PAGE /~ OF~ City of Lake Elsinore Lake and Aqnatic Resources Department 130 S. Main Street, Lake Elsinore, CA DRAFT 061213 Phone: 951-674-7730 Check List for Dock Electrical Permit Inspection Form DATE: DOCK LOCATION: DOCK PERMIT NO.: 0 YES 0 NO 1. Dock Permit ID Number displayed correctly? 0 YES D NO 2. Voltage detected in Metal Components of dock and/or water surrounding dock? 0 YES 0 NO 3. Dock Metal Works and Electrical Service grounded correctly? 0 YES 0 NO 4. Dock Electrical Service Disconnect in compliance? 0 YES D NO 5. Dock Conduit and lighting in compliance and acceptable condition? 0 YES 0 NO 6. Dock Breakers and Junction Boxes in compliance and acceptable condition? 0 YES " NO 7. All other Dock Electlical Service equipment in compliance and acceptable condition? w 0 YES 0 NO 8. All required Dock Receptacles protected by operational OFI Circuitry with required receptacle covers installed on all receptacles. If an Inspection was required, (See Dock Standards, Section J) by a Licensed Bonded ElectJician prior to submitting the Permit application; please provide the following information: a. Signature of Electrician b. Date of Inspection c. License Number of Electrician d. Expiration Date of License Dock Owner and/or Permit Holder Property Owner (if different) NOTE: Every third renewal of your dock permit, this form must be completed and included with your payment. Failure to complete and attach this form will cause a delay or denial of the issue of your dock permit. -12- AGENDA ITEM NO. ..:21 PAGE / S- OF EZB... City of Lake Elsinore Lake and Aqnatic Resonrces Department 130 5. Main Street, Lake Elsinore, CA DRAFT 061213 Phone: 951-674-7730 Electrical Inspection Correction Form REPAIR DATE: INSPECTION DATE: INSPECTION FORM NO: 1. Electrical Company a. Licensed and Bonded Electrician b. License Number Expiration Date 2. Dock Location 3. Dock Permit Number 4. List each Item Number from the Dock Inspection Form that required correction and indicate the corrections made. Attach copy of Inspection Form. Item No. Item No. Item No. Item No. Item No. Electrician . Dock Owner and/or Permit Holder -13- AGENDA ITEM NO. ...? / PAGE I to OF~ \:j)iJ rx: Il'I";. \ \ ~y /_.<:.., ,....Iin.l " t'l() t ,c.J' II:C,lkl'U,/ 2.. ((~jC Y \ ~- I I 10'1 'f J.;l' I I 1 I 10' q' X d!-l' ( '" ~. C~i<)"'~ '10' ::)j, ((nt'", / "~I ~I' --- --1 I .31'-/ '." '. DRAFT 061213 Example I.A Overhead Drawing fJr<D / "'-/ (~r:\r,l( ," / / 4' ,~' X .~'X>l ~ /y'D /~ / I / , I / c(tbJc / I I "'-, / ", /\ . Lf I ----I -;: I x i T It' Encapsulated Flotation Brown siding, red roof, enclosed dock 2' .;! ?: ..",' _)C. :':>'I{ .../ J <.--:------. ltC,' -._- -____'/ I,Cf\;,\1()9 duc.K t ,"-Ii.) Ii-) .", . :;''V. _ c-'-----~I(-(lJAc~:t--7 10' X (38' , I __LL- "'!?)' Scale: 1 inch = 16 foot I J AGENDA ITEM NO. O? / PAGE / 7 OF~ ~ DRAFT 061213 Example 1.8 Profile Drawing L' -..... 'S-: > \' j 6' ~\ l\ j \ i \. -, \ I I , , I i , I I ! ! j I / '" Vl @ ~ ,- /)-- i ! I I I I ' , I , I I ' ! I i \ 'iJ v_ ~ 5' o "" II '" d' ~ , -r-:. \i ! I I ' \ i \ I -0 I~ /'1 I"'"" \' " Q \ ~// I) I', ...:r ::;' ;!-J / ""-'J f'l K I Ii ::: f " ~ \/ ); ~ // J, / -lJ- AGENDA ITEM NO. ~ I PAGE / R' OF~ DRAFT 061213 l.C (Insert) Survey Plat Map -16- AGENDA ITEM NO. c:)/ PAGE/1 OF..22 1.D (Insert) Plot Drawing AGENDA ITEM NO. ;?/ PAGE ~ OF~ l.E (Insert) Deed of Tmst AGENDA ITEM NO. :2/ PAGE ~ / OF.;;:'.q l.F (Example) Driving Directions by Land from City Hall Sta rt: 130 S Main St Lake Elsinore, CA 92530-4109, US End: 16006 Grand Ave Lake Elsinore, CA 92530-1469, US Directions a 1: ~ 2: V" <!> 3: <6> 4: <!> 5: - 6: .::MAr-Q.VE'5."T, : Lincoln $1 I, il I II I I I ~~\ ,. \\ \\ Ii ~'2006 MapQu.:!!i.t, lnr. Distance Total Est. Time: 12 minutes Total Est. Distance: 5.41 miles Start out going NORTH on S MAIN ST toward E GRAHAM AVE. <0.1 miles Turn LEFT onto W GRAHAM AVE. 0.8 miles W GRAHAM AVE becomes W LAKESHORE DR. 1. 7 miles Turn LEFT onto RIVERSIDE DR / CA-74. Continue to follow CA-74. 2.4 miles CA-74 becomes GRAND AVE. 0.4 miles End at 16006 Grand Ave Lake Elsinore, CA 92530-1469, US Total Est. Time: 12 minutesTotal Est. Distance: 5.41 miles or .800m 'Z4001l l~' f: . ~ !jilt St ezo06 N'AVTEQ AGENDA ITEM NO. ::? / PAGE ..:7~ OF ~ CITY OF LAKE ELSINORE REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CHAIRMAN AND COMMISSION MEMBERS FROM: MARK E. DENNIS, INFORMATION & COMMUNICATIONS MANAGER DATE: FEBRUARY 14, 2007 SUBJECT: OVERVIEW OF AMENDMENT TO COUNTY GRAFFITI ORDINANCE 733.1 AND IMPACTS ON PROPOSED CITY GRAFFITI ORDINANCE (LEMC 9.52) BACKGROUND This is to review the latest revisions to Chapter 9.52 concerning graffiti prevention and abatement. Additionally, the County of Riverside recently adopted a fee ordinance directed at retailers in unincorporated areas. Retailers offering the sale of graffiti implements (such as spray paint, permanent markers, paint sticks, etchers and the like) will be required to purchase a "Graffiti Implement Sales License." The cost ofthe license is still under consideration. Revenues will be for anti-graffiti enforcement and clean-up programs. The County ordinance is effective on July 1,2007. DISCUSSION On November 9, 2006, the Commission held its regular meeting to discuss the second draft of a proposed ordinance to prevent and abate graffiti in the City. The updated draft ordinance (Attachment A in redline format) reflects comments by the Commissioners. Those comments resulted in additional changes to the draft ordinance. Those changes include: . Requiring the logging of purchase of three or more aerosol paint cans; . Setting the time to remediate graffiti to three days after notice is given by the City; . Directly setting forth the potential punishments with respect to violation of Chapter 9.52 rather than relying on the generic punishment provisions in the Municipal Code; . Directly setting forth the potential punishments that may be imposed for a violation of the State's anti-graffiti law (Penal Code Section 594); Page / ,;(~ of C:{O Agenda Item No. . Directly setting forth a provision that would allow for the suspension, revocation or non-renewal of a business license for businesses found to be violating the sale to minor and display provisions; . A reference to the City's administrative citation process and setting a maximum fine of$25,000; . A revision to the driver's license suspension penalties to reflect the most recent change to State law effective January 1,2007. Attachment B, for the Commission's consideration, is a copy of County of Riverside Ordinance 733.2, which amends Section II of Ordinance 733.1 (Attachment C) to include a new Graffiti Implement Sales License. According to published news reports, the County is asking cities in Riverside County to adopt similar measures in order to "level the playing field" for all retailers. FISCAL IMPACT The County styled ordinance has the potential to generate increased revenues for anti-graffiti programs. RECOMMENDATION Review and discuss current ordinance draft and proposed revisions, including County amendments, and direct legal counsel to incorporate County and PSAC revisions. Agenda Item No. c;( :( Page ..:? of .;( D ATrACHMENT A CHAPTER 9.52 GRAFFITI PREVENTION AND ABATEMENT PROGRAM 9.52.010 Purpose. The purpose of this Chapter is to promote the public health, safety and welfare of residents and property within the City of Lake Elsinore by providing a program for the prevention and removal of graffiti. The increase of graffiti on both public and private buildings, structures and places is creating a condition of blight within the City which results in a deterioration of property and business values for surrounding properties, all to the detriment of the City. The City Council finds and determines that graffiti is obnoxious and a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the City, and to prevent the further spread of graffiti. 9.52.020 Definitions. As used in this Chapter, the following terms shall have the meanings set forth herein: "Abate" or "abatement" means the elimination, removal or termination of graffiti from public or private property with the City's boundaries. "Aerosol paint container" means any container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substances capable of defacing property. "City Manager" means the City Manager of the City of Lake Elsinore, or his/her designee. "Cost of removal" means any cost incurred by the City for removal, elimination, or termination of graffiti from public or private property. "Deface," "defaces" or "defacing" means intentionally altering the physical shape or physical appearance of property by inscription, words, figures, signs, or design without prior written permission of the owner. "Expenses of abatement" means all costs incurred by the City related to abatement of graffiti conditions, including without limitation, the costs of removal, court costs, attorneys' fees, administrative costs, and any law enforcement costs relating to the identification and/or apprehension of a person who defaces property with graffiti or who fails to remove graffiti from property after being ordered to do so. "Graffiti" means any inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any surface, without the express permission of the owner's of such surface, regardless of the nature of the material of which the surface is composed. AGENDA ITEM NO. ;) ;;( PAGE 3 OF...2Q Page 2 of7 "Graffiti implement" means any item capable of marking a surface to create graffiti including, but not limited to, aerosol paint containers, dye containers, paint sticks, felt-tip markers or marking pens, marking instruments, drill bits, grinding stones, scribers, glass cutters or etching tools or other instruments capable of scarring glass, metal, concrete or wood. "Owner" means any person or entity that is the owner of real or personal property that has been defaced, or who has primary responsibility for control over the property, or who has primary responsibility for maintenance and repair of the property, and shall include any person owning, leasing, renting, occupying, managing, or having charge of any property or structure. "Person(s)" means a natural person(s). "Public view" means any public or private area that is accessed from a public roadway, sidewalk or common area and is open to view by persons from such public roadway, sidewalk or common area. "Responsible adult" means a parent, legal guardian, or other person over the age of eighteen years who is charged with legal responsibility and/or supervision of a minor. 9.52.025 Prohibition. No person shall place graffiti upon any public or privately owned permanent structure or personal property located on publicly or privately owned real property. 9.52.030 Accessibility of aerosol paint containers. A Access. No person or business engaged in a commercial enterprise shall display for sale, trade or exchange to the public any aerosol paint containers except in an area from which access by the public is securely precluded without employee assistance. Acceptable methods for displaying aerosol paint containers for sale shall be by containment in: (1) a completely enclosed cabinet or other storage device which shall, at all times except during access by authorized representatives, remain securely locked; or (2) an enclosed area behind a sales or service counter from which the public is precluded from entry. Nothing in this Chapter shall relieve such person or business entity from complying at all times with the requirements of California Penal Code Section 594.1(c) by posting signs as described therein. B. Storage Requirements. No person or business engaged in the business of selling, providing or trading aerosol paint containers shall store such containers in an area accessible to the public. AGENDA ITEM NO. ~~ PAGE~OF~O Page 3 of7 C. Any person or business engaged in the retail sale of aerosol paint containers must display at a conspicuous location a legible sign measuring not less than twelve inches by twelve inches with letters at least one-half inch in height which states: It is unlawful for any person to seIl or give to any individual under the age of eighteen years any implement or other device capable of being used to deface property. Any person who maliciously defaces real property is guilty of vandalism which is punishable by a fine, imprisonment, or both. 9,52.040 Sale of graffiti implements. A. It shaIl be unlawful for any person or business to seIl, exchange, give, or loan, or cause or permit to be sold, exchanged, given, or loaned, any graffiti implements to a minor, unless such minor is in the presence of the minor's responsible adult. B. It shall be unlawful for a minor to purchase or otherwise obtain any graffiti Implements unless such minor is in the presence of the minor's responsible adult C. Any person or business offering aerosol paint containers for sale to the public shaIl keep a log of the name, address and driver's license number of any person purchasing .' ~d: fi" I Jhree ormoreaerosol paintcontain.ers. .. """."""""""..."""""..."...."""""""..".,/ 9.52.050 Possession prohibited. A. It shaIl be unlawful for any person to possess any graffiti implement for the purpose of defacing any public or private property, without the express consent of the owner of such property. B. It shaIl be unlawful for a minor to possess any graffiti implement on any public highway, street, aIley, or way, or in any automobile, vehicle or other conveyance, or while in any public park, playground or other public facility. C. The forgoing provisions shaIl not apply to minors that are transporting or using graffiti Implements for lawful purposes while under the supervision of the minor's responsible adult, instructor or employer. 9.52.060 Public Nuisance; removal of graffiti; standards for removal. A. In the event the owner of private property upon which graffiti has been placed declines to consent to removal by the City as provided herein, or fails to remove the graffiti within three (3) days after service of.anotice to..re.move the"graffiti, theo":Der . shaIl be subject to the administrative citation process set forth in Chapter 1.20 of the Lake Elsinore Municipal Code. I Deie~d: "_~"""""'_ cl1l~~ar AGENDA ITEM NO. .:? ~ PAGE 5' OF~O Page 4 of7 B. The City Council does hereby find that graffiti is a public nuisance. In the event the owner of private property upon which graffiti has been placed declines to consent to I removal by the City as provided herein, or fails to remove the graffiti within ihree (3) ," I Deleted: ,days afterserviceofa notice to removegraffiti,theaKfected prop,ertyshallb~,su~ject to,,/ i Deleted: ,,],"do< the nuisance abatement process set forth in Chapter 8.18 of the Lake Elsinore Municipal Code. C. Whenever the City Manager determines that graffiti is located within the public view, the City Manager is authorized to seek the consent of the owner to cause the graffiti to be removed by City forces or private contract. Where the graffiti is on a private property, unless summary abatement is authorized under Section 9.52.070, entry onto the private property for removal of the graffiti may be authorized by securing the consent of the owner, or upon issuance of an abatement warrant by a court of competent jurisdiction under California Code of Civil Procedure Section 1822.50, et seq. D. Graffiti shall be removed or completely covered in a manner that renders it inconspicuous. When graffiti is painted out, the color used to paint it out shall match the original color of the surface, or the entire surface shall be repainted with a new color that is aesthetically compatible with existing colors and architecture. The removal shall not leave shadows and shall not follow the pattern of the graffiti such that letters or similar shapes remain apparent on the surface after graffiti markings have been removed. If the area is heavily covered with graffiti, the entire surface shall be repainted. E. The City Manager may waive the costs associated with removing the graffiti provided the owner agrees to assign his/her victim's rights to the City so the City may seek restitution in accordance with Section 9.52.110 and/or California Penal Code Section 594. 9.52.070 Summary abatement by City. The Police Chief is hereby authorized to summarily abate gang-related graffiti. The abatement may be undertaken by City staff, or by outside contractors. Gang-related graffiti shall be defined as graffiti that is placed on private or public property by a person reasonably believed by the City's Police Department or other local law enforcement agency to be a member of, or affiliated with a criminal street gang, as that term is defined in California Penal Code Section 186.22. 9.52.080 Measures to ease removal or prevent graffiti. A. Land Use Entitlement Conditions. In approving subdivision maps, conditional use permits, variances, building permits, or other similar land use entitlement or development or design applications, the City may impose one or all of the following conditions, or other similar or related conditions: AGENDA ITEM NO. .:(,;;)., PAGE fo OF ~O Page 5 of7 (I) Use of anti-graffiti materials on surfaces exposed to public view ofa type and nature that is acceptable to the City Manager. (2) Use of landscaping to screen or provide a barrier to surfaces that may be prone to graffiti. (3) Right of access by City to remove graffiti. (4) Applicants, permittees, and all successors in interest shall provide City with sufficient matching paint and/or anti-graffiti material on demand for use in painting over or removal of graffiti. (5) Applicants, permittees, and all persons applying for subdivision maps shall, as part of any conditions, covenants and restrictions, covenant that the owners of the lots shall immediately remove any graffiti. B. Encroachment Permit Conditions. All encroachment permits issued by the City may, among other things, be conditioned on the following: (I) Use of anti-graffiti materials on surfaces exposed to public view of a type and nature that is acceptable to the City Manager. (2) Use of landscaping to screen or provide a barrier to the encroaching object. (3) The right of the City to remove the graffiti or to paint the encroaching object or structure. (4) Permittee shall provide City with sufficient matching paint and/or anti-graffiti material on demand for use in painting over or removal of graffiti on the encroaching object or structure. (5) Permittee shall immediately remove all graffiti. 9.52.90 Reward. A. Pursuant to California Government Code Section 36069.5, the City offers a reward of one thousand dollars ($1,000) per incident for information leading to the arrest and conviction of any person for violation of California Penal Code Section 594 within the City. B. In the event of multiple contributors of information leading to such arrest and conviction, the City may divide the reward equally among the contributors. AGENDA ITEM NO. :? ;;( PAGE 7 OF dD .-;- Page 6 of7 C. A claim for reward under this Section shall be filed with the City Clerk. The City Manager shall verify the accuracy of all claims and report to the City Council. A claim shall be awarded only after City Council approval of the City Manager's report. Each claim shall: (1) Specifically identify the date, location and kind of property damaged or destroyed; (2) Identify by name the person who was convicted; and (3) Identify the court rendering the conviction and the date of the conviction. D. The City shall establish, publicize, and maintain a "Graffiti Hotline" for citizens to utilize to report graffiti. 9.52.100 Community education. The City Manager, in coordination with the school district, civic organizations and the public may conduct regular programs to provide community education regarding the prevention of graffiti. 9.52.110 Penalties and restitution. A '0- An\' person or business violating any Dr_ovlsl,?_r)__qfJI1_i~__('h~J~~~r.__~~.}~m!!gJ'?__ _ .... GDJJlDJy",,\y,Uh any_"of its reqllirem~,,!:!.!~:,"~hall be deemed guilty of a misdemeanor and upon ~,QJ)yicti~m_Jherec~"Lshall be nllnisI1"~"Q""",by a fine not exceeding One Thousand Dollars Ci;LWJO.Ot!l or bv imprisonment not exceeding six months. or bv both sllch line and D!10risonmcnL Each such DcrSOIl or business shall be deemed guilty of a separate offense ti.x each and ever\' dav of any portion thereof during which any violation of this Chapter Ls..s..<2}llOJitted. continued. or permitted bv such person or business and shal1 be deemed punishable there!,,,e as nrovided in this Chapter. B. Notwithstanding the penalties set forth in Section 9.52.110(A), any person who defaces property with grafnti implement is guiltv of vandalism, pursuant to Section 594 of the California Penal Code. and upon conviction thereof shall be punishable bv WlPriS9nment in the state prison or in a county iail for a period not to exceed one (I) veal' gr bY__.'L fine of Five Thousand Dollars ($5,(lOO.OO). but no more than Fiftv Thousand Dollars ($50,000.00) depending upon the severity and the amollnt of the defacement or h,y.poth such fine ancl imprisonment Deleted: Any violation of this Chaptermaybeproseculedasa misdemeanor in addition to MY other penalties provided for such violation. including, without limitation, the penalties provided in Califomia Penal Code Section 594 and the Lake Elsinore i Municipal Code ._,~J AGENDA ITEM N~::<" PAGE 01'0\'0 - -- Page 7 of7 C. Notwithstanding the penalties set forth in Section 9.52.11 OIA). anv ,Rllsincss/. ..j Dele'ed: pm,"" ] violating Section 9.52.030(A). 9.52.030(8). 9.52.030(C). 9.52.040IA) or 9.52.040IC) {Deleted: ~ shall also be subiect to suspension. revocation or non-renewal,()fitsCit)'.b.u~inesslicensc,. D. Anv person or business violating anv provision of this Chapter. or failing to complv with anv of its requirements. shall be subiect the Administrative Citation Procedures set forth in Chapter 1.20 and shall be subiect to a fine not to exceed Twentv- five Thousand Dollars ($25.000.00). E..~Additional. Penalties.A vailable,..\Vhenever.deemedappropriate,.. it.is.the.Citts./ { Deleted: D intent to petition a sentencing court to impose the following additional penalties lIpon conviction: (1) Performance of a minimum of 48 hours of community service not to exceed 200 hours over a period up to 180 days. Community service includes graffiti removal service. (2) That the defendant personally clean up, repair, or replace the damaged property consistent with Section 9.52.060. Or that the defendant, or responsible adult, keep the damaged property or other specified property in the City free of graffiti for up to one year. This clean-up, repair, or replacement shall be at the defendant's expense, or at the expense of the responsible adult of the defendant if the defendant is a minor. (3) For each conviction of a person aged 13 vears or olde(,theC;;1y.lJ\aypetition../ the court to suspend existing driving privileges or delay the issuance of driving privileges for UP to three (3) vears in accordance with California Vehicle Code Section 13202.6. Restitution. The Cityorany owner who sufferspropertyd.arnageand/or.monetary.. loss as a result of having to remove graffiti may seek restitution for all expenses of abatement. Restitution may be pursued by the City and/or the owner in a separate civil action or as part of a criminal proceeding against the perpetrator. 1,[... Parental Responsibilities. Pursuantto California Civil Code Section 1714,I(b), . ..' where graffiti is applied by a minor, the responsible adult o(ihe minor'shall be jointly-- and severally liable for the payment of civil damages resulting from the minor's misconduct in an amount not to exceed I.\\I.el1ty-fiveJ:!10.u.sandQ.()llar.s.c~25,OOQ,Q01... ...... Deleted: 10 21 YCllf5 fOf violilting this Chapter rDe~~.d: C _," .~ .( Deleted: D Deleted: t Deleted: t Deleted: d ] AGENDA ITEM NO. PAGE ~~ 1 OF.;.?O ,. ',,- . .;~, SI,/I;3fIJTTAL'I'O ""ES~QF'SUP$YI$PRS COONTY OF RlVERSIOE.Sl'ATe OF CAUFORNIA ,FRQIVk,SupepA$pr Jeff'Stone SUfJ.ttTA.LDA,TS, ' Jai:tUalY2.~7 SU8JECTI Ordlnance No, 733.2 RECoMMEND&O MOTION: Thai the Board of SupervisQrs adopt Ordinance No. 733.2. willen provide$ for ' a GnrlfitIll'r\preinent 8alee License. . ~J.(<!I~OQNI:!:iOn Oecember11l,'2006.El revlaioli to Ordlnanee 733.1 W8slntroduced. Revi6lons were' ,matlelo lheortlll1a/lllaI$xf~ PnDeeember 19. 2006 to rellec:t th!lttlieDepartinentofBulldlng and 'SafetY.ratherthanfheCode Enforoet1MJntDepartment. would be respclnlllble for lsswng,1lcenrse$ and I ~(e1mlnlnglhe,lll:ensin9feea . , ,.. e UI1derll1eardlnance. lI1e Oeparttnent of Bullding~nd Safety will be ~i~~fQr ~il'I9,andcoropln"" '. a II$lQtlrdl'fId1.!als;lIb>re$.co~ andfor tl'It!ll'lo<!stlQr\$lf1~ ~otQlll~sef\!t'11'8hgl'l1flltll~1ll 1:t>Q=~:'~:nlWJ~~:~=~,~.=J:~:tth:=:,,~':=~andcompU$tbe ' ~S~fu&ThirdOi8tridt ' f ,t' 2 0 0 I I <.> ~, 0 0 1 j ~ ;~ :~ , i 1 i i J il u ' $ it il5' "~'ll,l'!I1N.A9n. *'Jet;: ~,~ (1 ,,1$1(6) AGENDA ITEM NO. .Q~ PAGE /D OF~j -j , I i .1 I , i ~;,; r~s District: Agenda NUinber: i '2 " . Jd21 :;) 'I: 'j Fo"" 11 (Rev OllIZO031 c'd )(~.ol L3nI3S~'l dH ~~Tc'OT ~OOC so U~r 1 I 2 ~ :I 4 S I, 6 I i' 7 I I 8 I 9 I 10 I: II I ! 12 I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Ul €"d ORDiN'ANCENO. 733.2 AN Q.RD[NANCE OF THE CQUNTY OF RIVERSIDE. ST.A~OPCALW~'I;A. AMENDING ORbINANCENQ. 733.1, TO~ltOVIDEFOR A GRAWtrr IMPLEMBNT SJ\.LES LIf'RlIf!i::l1 tI1e.Board ol"SllpetVisors 6ftheCounty ofRivCIlIide, Stateoi CaJiforn1l\, .00000ns~ follOWs: ,Section 1. Tb" dlOrtilitionin sJ;!bsection :l.C. is mnended to read as follows: "C. F~lt Tip Markers. Any implement-commonly known as anindel:tble or permanent inJunatk<< and/or It!2l:king pen and/or any similar implement which contains MY pigmented substance including, but nOt- liti:1iled to, ink or any other substance which Clln n.ot be easi1y and completely remoVed with water after Said substance has dried; where the width of the marking is 3/8(Itn:e~thlr}ort (OIlC) inch or greater." ~tioll~ Thedeflllitionin subsection 2ei); is amended to read.as follows: '<'D. PaintSth:k. Any device which contaifisanysubstance,s()1idor liquid, illc:t~ ~utn()tlin:lit'W to. any 19rm of any IlI1bllt!lnCC commnly'ImownIlSPlIilit;stIIill; ink, cAAlk;, W!IJ(,.epoxy and/or any other' slolllsr substance that is not water solUble which can -be applied Ulany surface by such means as applying pressure to and/or contaCting allY surface in such a way as to leave any visible mark measuring at least 3/8 (threo-cighths) of 1 {()I1ll)inChat~ypoiilt - ot\lerwise q,escribed as gmffiU or related vandalimn (as de$Cribe<l.ab~ inSeetion 2;A), visible from a distance of 20 (twenty) feet Provided, howeY(:r,that. tmlIdeflJlition of "paint stick" shall be limited to devices which create such Ii Il\llikthatisindelibleor permlltlent in nature (and cannottherefore easily and complcEely be tenloVW~tl1 wat~ aft:er the xn,,* hasdtied)." SeCtiOn 3~TI;rc ~ftlli\WlljllSubm:tiqn 2Jl is atlJeIIdedto -read all tbllows: ''8. Ekltc.rs. Any 1001, device.and/nr other mechatlismlneluding, but 119t liinited to, any tool, deVice, and/or other mechanism commonly known as "glass otchers," "glass cutters," "lI1Ctal etchers," "cutting instnmient," drill bits" or any other instrument that can be applied by '.~ 'I 1 1 I I. j ! OJ 'J ~~ j -"j 1 j , I ,\ '1 j j j , , j 1 AGENDA ITEM NO. O?~J PAGE /1 OF~\ 1 XI:l,j 1.3["~3S!J"l dH ~!Jt2:0t L002 SO U~[" 1 2 I 3 4 S 6 7 8 9 10 }1 lZ 13 14 15 16 17 18 19 20 21 21 23 24 25 26 27 28 j,"d .....-.. ,,,,;;,,;.,:,,.~,,'''''..-!'':':':;"'':"::.'':'':'''; ".;~-" p'zeSSqre9Piny o~er ~ontact with any surface including. but not limited to,~IIisll, metal, plaStic, c:oncrliteOra,(lyotherSurface wmchcan 0aUSll. any markinp COmmonly known as grilffiti or relatedvand~ism(lISdefintdabo'\l8 in StJ(ltiQl1 2;A)." Section 4. Thedtlfinition in subsection 2.G. is amended to read lIS follows: "G. Grilffiti Implel'TlCllts or Paraphemalia. Any Sllbstance o'r material such as, but not litl1ited 00; ~Ipamt containers, markel'il, paint sticks., etehm. gtlllIlabels, paint balloons, stampsGr stamping devices; alSG including, but not limited to, spray actUlltor$, tips (ornofl:Zles) whieltcall. be applied to aerosol paint containers; any records of graffiti or related vandalism fu.lll~!lutl\QtJirIii.wt().picture8, phoOOgraphs,. drawings, scrap books and/or other records dep~ or illl!1!trating any fonnsofgraffitior related vandali8ll1 (as described above in. semon 2.A)." $~i~n.s. The definition is SI1blli:ctiein2.J. is amended to read llIlfollows: "J... Stamp orStllmping Device. Any tool, device or implement wbiclfcan cause lIpon impact orcorttact any mark.. (described above asgtafIili or related vandalism in Section 2.A) by means ,of ink, paint, stain or any olhersubstance or material including, but not limited to, any de'Vice'commpr\!ykD!>Wll as.a rubber stamp or similar device (whether manufactured, hand made .Of <Ievised) which ClllUlot \::Ie lUlSily rem~lVed with water, for the purpose of defacing property,' pu!llkor'llrlval:ec" Sl'Ction6. A ltC\V suirsectiOrt 2:L. and SI1bseclion 2~M. is added to the list of definilioJlll to read' 1lS.li:lllows:, "L, P\'eS$UJ'ize<lcootainer. Any can, bottle. !lj)ray deviceoc other mechanism. ctl!SigIledtOpmpelliq11idwmchconiiins ink, paint, dye of othei'similar SI1b~ Vl'hich.is expelled u11tIer pressure; either through thll.use of aerosol devices. pumps or similar propulsion devi~s. "M. Graffiti Implements. Aerosol paint containers, felt tip markers, paint sticks, etchcrs"gtlllI .ls. paint .ballOons, stamp or stamping deViCes, tips that can be ettached to an aero801paint container, nozzles tllat cilll be attllched to an aerosol paint container, or spraY'actuatoxJ;QS d.$fi1ledin thiiJordinahce." 2 AGENDA ITEM NO. PAGE Ie;{ OF X ILl L3["~3Sln dH ~822:01 ~002 so u~[" i 1 ~'i 1 'j '~ -'y ~ ~ ] oj 1 :fi ~ 1 ~~ ;1 I i j 1 i i I I .i i { D.! 1 ~n.:. . Seo~on His amended to read Q f<lllows: 2 SectlOt/. 11. GmtJiti Implement Sales License. 3 "A.. B~g on July 1, 2007, it shall be unlawful for any person to 4 gel!, ()ff~forsl!ll1, di$!J!liy filrsalll, or dth~ise i'tlake- available fut'sale (within 5 wrlttCOJ'P<lNtedll.iV\ll'1ide . County) any gl1lfiiti. implement unless thati>CNon then hOlds. a (; validlll'lnual Oraffili Sales Li<:e.tiBe. A valid annual Graffiti Sales License will hereinafter 1 Derefetted to Ilsll"GS Licel\lle." 8 "'S. Bach GSUcense. &ball cover an amlWtl period thatexterldS :fi'om. the 9 beginuingcifthe d~on July 11U1tillhe end ofth~ dIly on June 30 of the following year. A 10 os License shall be obtained in advance (in the mannersilecified by l.his ordinance) by llIlY 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S'd "D. The llIlnual regulatory fees for GSLic.enseS sblll1 bo usod to fwd the followirlg <lc:tiviti:es andopetatioll8 of the Departtnent ofI:milding and Safety of the Count:,' AGENDA ITEM NO. .;{ PAGE /3 OFc:? pet$Oll whO intends to sellllflY graffiti imPlement during a partimllar annuallleriod (or dutin8>tmypart of'thatllnnual period). "C. The issuing department for GS Licenses wi1\ be the Department of Buildin$attdSlliety for theCo\lnty of Ri<lemde. Upon the submission to tha:~ ~ent ofll~rly flll<<l..otitapp~ca.~~on for~ OS~se (an4the paymetllto that ~ent <)f t1t(l8#n~~ .~~(l.l'Y fee fOra OSUcense), that.pepl!l'lIDt!lJ1t shall issue a OS Ltccn1$e to thellPplicant. TnC)1~er to obtain the issullllU of:a CiS Lieensefor a particular annual period, the applicant shall subtirit its OS Licertse application, attllChing proof of a valid CQ\tti~ hu!iincss .li~lI!lC, ;mdpay its O.S UC<:~ fee no earlier than tb.e.April 1 date (tha~ is ~1l10~tbsPtiorioth~c~nwncem:ent()f t1te8Mualperiod for whichtheCS UclIDse is being .requested) alt<rn() later than June 29 (of the annual peri.od for which the GS License is beingro.quested). If a as liGense is issued after JUly 1 of the annual period for which the license is issucd, it shall not have \he re1IQllctive effect of legalizing lUlY UJ:ltawful act or OlJIillSwn(r!lglJrli!t'!t ~ti imPleme,tJt$.)tI:!.lJ,! mllY havelXlCurred betwcon Jul~y 1. lIl1dthe d~Qrlicense iS1Ml1J.~e. Lic.'1nSC fees shall not be prorated if issued during any calendar year. 3 \ \ t i I I , 1 , J 'l '.l .1 , , 1 I i ~ , l i i 1 ; X~~ i3L~3S~1 dH W~~~:Ol LOO~ so U~L 1 , 2 1 ~ . I: I 4 !' i. I, 5, , I' 6 /: I' 7 ,i 8 9 10 11 12 lJ 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28. S'd '-',,-,,C<. '".,.;.~,. .-, ::'-,.. of Rivomde: tho)' shall be uaed to fund etrorf8 to identify and compile' a list of those imlividll8ls. stores, companies and their loolllions, that are selJil\g or otherwise furnishing 8l'l1ffitl implemimt8 or PllJ'l!P~'tAAlia (Mthin Uw.. m~ng of lK:Dtious S and 60f tlris '~ ordlnance); th~'sbltUbe U/i4lIdlot'und the.monitOOnsfilfsucb sellers or 1Urnisl!l:lfSin 0/'c1er to cottnrit), thattil.eyare not selling orfumishinggraftlti irnp1e(ll.ents or panq,liemalia to nUnoTS (llII'ithOlrt reeeiving the Ilriorwritten consent oCtile parents or lawful custodians of thollelUinors)wittlio.'tl1emelll:Iing.ofsectiot;l 5 oftbi$ordinanc:e; tbey shall be used to fund the monitoring of well SeUefS or :thrnishersin order to confinn that they arestocing, sto<:king, and displaying thelr stock of graffiti implements and paraphernalia in a lIUllIIIer !hilt is maccessible (within the meaning of sections 6A, 6,B., and 6.e. of this onlinance); lheySba1lbe,Wic:d tOfmxithe monit<>rlDg of sucl16eUera or flnnjahem in order to confinn thatllley-ateProperlYdisplll)'ingthe sign that is required by section 6.0. ofthis~cej 8!l<!' they !lljlill he .usedto fund the costs of admlnistering the County's OS License Jmlgram, I I t ~ 1 \! II 1 A j '~ .-, "II. ;ayM''I)tcll 3}, 200'1. and by March 31 of eaehsucceeding Y'=, tlte D~ pf:Bl;ijlding and S1lfety for the County of Riverside ahall cause to be estimated (forthe1UU1Ualperiodbegitmlng approximately three months later) the sum total of funds that will be necessary to fund the regulatory activities and operations described above in seelion 11.0, lIIIllitsbal1 caus.e to be estitn~ (for the annuaJperiodbcgiIiriing appro~ldelythtee months later) the sum total of separate locations lTomwhich graffiti implements or paraphernalia ",mho sold, offi1ted for sale, displayed foraale,or otherwise made available for sale. Under no oiroUlnStAAce8 shall the annual regulatory Cee pet location ('fur a OS,' Lic~1l8e)el(~a.dt.1U~. '-"'ount tb.at is. eqUal tothenuntbet obtained by divldirtg, the. siliDt~t!ltof such. eslimaledSepllrllle locatiOl18 into the S1.lni tot_I ofsucll cStitn~ 1\1nds. If apel$Ott sells graffiti implements or paraphernalia, o.trers tbem fo.r sale, displays them :fur &ale, or otherwise makes them available for salc oulof moxe than 0110. separate location. during Il paTticularlltlllual period,tbat person must submit an " , i I "'i .~ 1 , , , .) 1 1 4 AGENDA ITEM NO. PAGE / XIoJ:J .l3r~3SloJl dH ~1oJ€2:or ~002 so uer I 2 3 4 I j t 6 7 8 9 10 II 12 13 14 1$ 16 17 18 19 2.0. . 21 22 23 .24 2S 26 27 2& l.'d applicationIoT each and everyone ofthose separatelocatioDS, and that pet'8l)nmust pay the 8lIIlWlln=gulatory fe~lfor each and every one l)[those separate lllCatiOI1S. "F. A violation of" section 11 of this ordinance is enforceable in tbe foUoWillsmanner. "I) A violation of section 11 of!his ordinance may be charged as either an il'l~ti()Ji or ~ ltl~emc::;IJWr. If charged as an inftaction,. such a viollltion is pun_Ie by.iI. .tine!'llOtcmJeeding .onehUl'ldred dollai's(Sl00) fora first violation, a tine nottlX~eedingtwol1tlJ\dted dollars ($200) for a seQQnd Violatioll within one year, and a. .finc.nct. exceediIl~ live hundred dollars ($500) for each additional viollltion within ono year. .1fchargeiJ~ alrti$deli1eattor,a Vi()~QI1 of section It ofthis'Or~e ls.pAAiSltable 1:I;,'a fine p.ot exceeding one thousand dollars ($l;QOO) or byiinprisonmel1t in the cowrt.y jail not exceeding six loonths,or by both such fine and imprisonment. Payment of any fme or completion of any jail Iertn sball not relieve a person from the responsibility of correcting the viola!illn. ''2) A :Violation of SCl)tion 11 ofthisordiriancesbll11 coJlSti1U.lea. J . ~~ 1 I .~ I i , .1 .'1 , JlUblil;~. "3) A violation of section 11 of tbie ordiDaJlCe may be adnlini1l11'l!tively Proseout~l under set:tions 1. 3. 5, 6. 7.. 8. II, 12, 13, 14, andlS of Ri~~j~~ County Ordinance No. 725. Forparposes ofsuch an adminis'trativeprosecution, Sl;Ctlon Uof'thia otdinanCes1ilitl constitute one of the "County ~ Us.e Ordin.an~" ~oreaehlltldevery day duringaoy portion of which a violation of section II of this ord.!nanceii! t;ommitted, continued, or pennitted, it shall cOl16titote a separate and distinct a<ll:riiriistrafrve otflll1se. "4) A viollUionofsection.ll of this ordinance may be enforced thrQugh".aciviiactiOn to recover the a.nmw regulatory tee for a OS License, for damages. fur ifijunotiye ('(ilier,or for any other "ivil remedy whatsoe.ver. "5) All criminal. administrative, civil, and other xemedies mentioDll<linsection l10ftbis tmlinaru:c'sballbe cumlulltive. andnol' e1tclusive. l ~ \ , , . -1 I I 1 1 5 AGENDA ITEM NO. .:? ~ PAGE / S- OF':<O )((,l"j .L3C~3S(,l1 dH ~(,l~Z:Ol l.OOZ so uec 1 "6) Violations of Sl:lCuons l, 4, 5, or 6 of this ordinance. shall be 2 i!l~.by~ooti\)n 7of,this otdinance." 3. SeOtiona.~~ve Date 4 ThblamcndlIlentsha11beeom>>.effllCtive 60 daysaflerthedare of adOption. 5 6 7 8 9 ATTEST: 1.0 CLERK.oF TI:fE :El.oAJU'}: 11 12 By: 13.oARD .oF SUPERVISORS .oF tHE COUNTY .oF RIV$R.SIDE. STA TR.oF CALIF.ot{N1A By: Chairman Depuly 13 14 15 16 17 18 19 20 21 22 23 240l1B14o\F Il2Iln 25 o.II'",,,,,,,,,,iAPo"gIl>~,do.-drlU\llC' 733.2\Q...fIlfl !\lIdi"."...12 (fi",Q.do<< (SEAL) FOfWI JIJ'P!~OVeD .001)141".v r.l"l)l'I$F,:\. I ,I . -;l I ,it 1 JAN 03 Z007 E1V",~.... .~ ..,.j 1 I , :l 1 1 26 27 28 .", 10 . (' ~ ... rH'~ }::....... 6 AGENDA ITEM NO --? PAGE /b OF. ~O Bod X~~ 13r~3s~' dH W~v~:Ol ~oo~ SO uer -~-"-'~~-- Page 1 of4 ATTACHMENT C ORDINANCE NO. 733.1 AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO. 733, TO PREVENT GRAFFITI AND RELATED VANDALISM The Board of Supervisors of the County of Riverside, State of California, Ordains as Follows: Section 1. Purpose and Intent It is the purpose and intent of this Ordinance to prevent graffiti and to promote its eradication and to prevent reiated vandalism, as they adversely affect property (both public and private), including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, paths, walks, streets, under/overpasses, bridges, trestles, buildings and/or any other structures or surfaces which contain graffiti or are subject to graffiti re.lated vandalism. It is the further intent of this Ordinance to fight against blight, to preserve the value of property (both public and private) and .to promote the security of the community, all of which are now being threatened by the spread of graffiti and graffiti related vandalism. Section 2. Definitions A. Graffiti and Related Vandalism. Any unauthorized inscription, word, figure, mark, symbol, design and/or configuration of letters and/or numbers written, drawn, scribed, etched, scratched, marked, painted, stained, stuck on or adhered to any real or personal property surface (public or private), including, but not limited to, trees, signs, poles, fixtures, utility boxes, walls, windows, roofs, paths, walks, streets, under/overpasses, bridges, trestles, buildings, and/or any other structures or surfaces, regardless of the nature of the material of which the surface is composed. B. Aerosol Paint Container. Any canister, can, bottle, container, or other receptacle which contains any substance commonly known as paint, stain, dye and/or any other pigmented substance which is and/or can be modified to contain pressure (or be pressurized) in order to impel, spray, eject and/or propel any such substance. C. Felt Tip Markers. Any implement commonly known as an indelible or permanent ink marker and/or marking pen and/or any similar implement which contains any pigmented substance including, but not limited to, ink or any other substance which can not be easily and completely removed with water after said substance has dried; where the width of the marking is 1/16 (one- sixteenth) of 1 (one) inch or greater. D. Paint Stick. Any device which contains any substance, solid or liquid, including, but not limited to, any form of any substance commonly known as paint, stain, ink, chalk, wax, epoxy and/or any other similar substance which can be applied to any surface by such means as applying pressure to and/or contacting any surface in such a way as to leave any visible mark measuring at least 1/16 (one-sixteenth) of 1 (one) inch at any point - otherwise described as graffiti or related vandalism (as described above in Section 2.A). E. Etchers. Any tool, device, and/or other mechanism including, but not limited to, any tool, device, and/or other mechanism commonly known as "glass etchers", "glass cutters", "metal etchers", "cutting instrument", "drill bits" or any other instrument that can be applied by pressure or any other contact with any surface including, but not limited to, glass, mirrors, windows, steel, aluminum, brass, tin, fiberglass, wood, plastic, concrete or any other surface which can cause any markings commonly known as graffiti or related vandalism (as defined above in Section 2.A). F. Gum Label. Any substance consisting of a material such as, but not limited to, paper, fabric, cloth, plastic, vinyl and/or any other similar material, where the material also contains one or more surfaces containing a substance such as, but not limited to, any materiai commonly known as an adhesive or glue, which can not be removed from the surface in an intact condition and with minimal efforts, including, but not limited to, decals, stickers, patches, stamps or labeis. G. Graffiti Implements or Paraphernalia. Any substance or material such as, but not limited to, aerosol paint containers, markers, paint sticks, etchers, gum labels; aiso including, but not limited to, tips (or nozzles) which can be applied to aerosol paint containers; any records of graffiti or related vandalism including, but not limited to, pictures, photographs, drawings, scrap books and/or other records depicting or illustrating any forms of graffiti or related vandalism (as described above in section 2.A). H. Supplier. Any person(s) or entity such as, but not limited to, any business, company, co-op, AGENDA ITEM NO. .;(0:{ PAGE / 7 OF~D http://www.clerkoftheboard.co.riverside.ca.us/ordsI7001733.htm ~28/2006 Page 2 of 4 corporation. enterprise. manufacturer. organization. partnership. proprietor. retail or wholesale store or outlet which sells, trades. donates, gives or requisitions to the public in any capacity whatsoever, any graffiti implements. I. Paint Balloon. Any canister. can, container, bottle or other receptacle including, but not limited to, anything commonly known as a balloon or other receptacle made of any material such as. but not limited to, latex. plastic, rubber, paper. glass or other material which contains any substance commonly known as paint. stain, dye or any other pigmented substance intended for the purpose of defacing any property, public or private. upon impact or contact of any surface including. but not limited to, trees, signs, poies. fixtures, utility boxes. walls. windows, roofs. paths, walks, streets, under/overpasses, bridges trestles. buildings and/or any other structures or surfaces regardiess of the material of the component. J. Stamp or Stamping Device. Any tool. device or impiement which can cause upon impact or contact any mark (described above as graffiti or related vandalism in Section 2.A) by means of ink. paint, stain or any other substance or material including, but not limited to. any device commonly known as a rubber stamp or similar device (whether manufactured, hand made or devised) for the purpose of defacing property, public or private. K. Spray Actuator. Any object capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein. Common exampies of a spray actuator include, but are not limited to, terms such as "spray tip", "nozzle" or "button". Section 3. Prohibition of Graffiti and Related Vandalism A. It is uniawfui for any person or group of persons to commit any overt act resulting in or attempting to result in the application of graffiti or the engaging in or attempting to engage in an act of related vandalism (as set forth above in Sec.2.A) including, but not limited to, any of the following acts: 1. Any act such as drawing, scribing. etching. scratching, marking. painting. staining, sticking on or adhering to any reai or personal property surface. public or private, including. but not limited to, trees, signs. poles, fixtures. utility boxes, walls, windows. roofs. paths, walks. streets. under/overpasses, bridges, trestles, buildings and/or any other structures or surfaces. 2. Any act of participation in applying graffiti such as. but not limited to, conspiring to commit or assist in the applying of graffiti or engaging in or assisting in an act of related vandalism. including, but not limited to. acting as a "look-out". regardless of the fact the "act" was not actually witnessed. 3. Any person who knowingly allows any acts of graffiti or related vandalism to occur on or to any property over which he or she has control as owner. tenant or possessor and who thereafter fails to promptly report such acts to the proper authorities is guilty of being a principal to the crime. Exceptions: Any mural or work of art approved by the County through a design review or planning process and requiring proper permits prior to commencement of any work, shall not constitute graffiti. B. It is unlawful for any person. business, company. or other entity which owns or otherwise controls any building. sign, pole. vehicle, trailer, trash receptacle, wall, parking lot, walkway or any other structure or real property to knowingly allow or permit any graffiti or related vandalism to be placed on. or to take place on, any such structure or property where the graffiti and/or results of the vandalism are visible from any public right of way. C. Graffiti and/or graffiti related vandalism which appears on property and/or structures where such graffiti or related vandalism is visible from a public right of way shall be deemed to be a public nuisance and shall be subject to abatement as provided for in Riverside County Ordinance No. 704. Section 4. Possession of Graffiti Implements. Paraphernalia or Spray Actuator. A. It is unlawful for any person under the age of 18 years to possess any graffiti implement. paraphernalia or spray actuator with the intent of applying graffiti markings or engaging in related vandalism. Exceptions: 1) Any minor enrolled in any education class which requires otherwise legal possession of AGENDA ITEM NO. 2..::J.. http://www.clerkoftheboard.co.riverside.ca.us/ords/700/733.htm PAGE / <t OM~/28/2006 Page 3 of 4 any graffiti Implement, paraphernalia or spray actuator provided the minor is carrying written verification of any such requirements including color(s), size(s), and quantity, and written consent from his or her parent or lawfully designated custodian - dated and signed. 2) Any minor whose employment requires possession of any graffiti implement, paraphernalia or spray actuator provided minor is carrying written verification of any such job requirements including c%r(s), size(s), quantity, job information and purpose, and written consent from the employer - dated and signed. B. It is unlawful and a misdemeanor for any unauthorized person to possess any graffiti implement, paraphernalia or spray actuator while in, on, at or about any public property, including, but not limited to, public parks, playgrounds, swimming pools, recreation facilities, schools, school district facilities, libraries, court houses, utility stations, storm drains or any other publicly owned, operated and/or maintained facility. Section 5. Prohibition of Furnishing of Graffiti Implements or Paraphernalia to a Minor. It is unlawful for any person, firm or corporation, other than the parent or lawfully designated custodian of the minor, to sell, loan, give, exchange or otherwise furnish any aerosol paint containers, paint sticks or etchers to any person under the age of 18 years without the advanced written consent (in possession) from the parent or lawfully designated custodian of said minor. Section 6. Commercial Display. A. It is unlawful for any supplier to display any graffiti implement, paraphernalia or spray actuator including any such tool, device, material or substance including, but not limited to, aerosol paint containers, felt-tip markers, paint sticks and/or etchers, in such a way as to be accessible by anyone who is not an employee or other authorized personnel pending lawful distribution of said implement or product. Said graffiti implement, paraphernalia or spray actuator shall be kept in a locked area not accessible to members of the public but may be displayed in plain view of potential retail customers. B. It is unlawful for any supplier to store, stock or display any graffiti implement, paraphernalia or spray actuator in such a way as to be handled (or be removable) by anyone who is not an employee or authorized personnel for purposes of demonstration, advertising or other display. Said graffiti implement, paraphernalia or spray actuator shall be kept in a locked area not accessible to members of the public but may be displayed in plain view of potential retail customers. C. It is unlawful for any supplier to display any graffiti implement, paraphernalia or spray actuator outdoors in a nonpermanent structure or facility; unless, displayed in a lock up device, i.e., a locked metal, glass or other similar cage or case, securely fastened to the ground so as not to be able to be caused to slide, roll, be lifted or otherwise moved more than 2 (two) inches in any direction. All lock-up devices shall maintain a minimum size as follows: height of 36" (thirty-six inches), width (or length) of 72" (seventy-two inches), depth of 18" (eighteen inches), or greater, with no more than 1 (one) opening side. D. All suppliers doing business in the unincorporated portions of Riverside County shall dispiay a sign stating the following: 1) "Must be 18 years of age to purchase. Must have valid I.D. to purchase.", or similar inscription. 2) "Any person who maliciously defaces real or personal property with graffiti or by related vandalism is guilty of a misdemeanor punishable by fine, imprisonment, or both, and may also be held responsible for payment of restitution to the victim." All signs must be at least 10" (ten inches) by 16" (sixteen inches), with letter size of at least 1" (one inch), and posted in a conspicuous place within 6' (six feet) of said implement or product. E. It shall be the joint and Individual responsibility of the supplier, vendor, property owner, property manager, store manager and/or district manager or corporate officer to comply with any and all applicable sections of this Ordinance. Section 7. Penalties for Violation. A. A violation of this Ordinance is a misdemeanor or an infraction as hereinafter specified. AGENDA ITEM NO. 0(0(1 PAGE. /'1 OFI1}:l~/2006 http://www.clerkoftheboard.co.riverside.ca.us/ordsI7001733.htm Page 4 of 4 ., 1. A violation when charged as a misdemeanor shall be punishable by a fine of up to one thousand dollars ($1,000) or up to six months in the County Jail, or both and/or community service to abate graffiti. For the purpose of community service, where the defendant is a minor, one parent or guardian shall accompany the minor in the performance of said service unless excused by the court upon a showing of good cause. Payment of any fine or completion of a jail term shall not relieve a person from the responsibility of correcting the violation. 2. A violation for a first time offense, only, may be charged as a infraction and shall be punishable by a fine not exceeding one hundred dollars ($100). Payment of any penaity herein shall not relieve a person from the responsibility for correcting the violation and the court may, in addition to any fine imposed or in lieu of imposing a fine, order the party to perform community service to abate graffiti. For the purpose of community service, where the defendant is a minor, one parent or guardian shall accompany the minor in the performance of said service unless excused by the court upon a showing of good cause. B. As a part of any sentence imposed, the court may also order that restitution be paid to the victim by the admitted or convicted perpetrator and in the case of a perpetrator who is a minor by the minor's parent or lawfully designated guardian or custodian. C. Upon conviction. the perpetrator and/or parent or lawfully designated guardian or custodian may be required to enroll in and attend a diversionary program - possibly requiring liability waivers and/or payment towards all or a portion of the cost of the program, as such costs shall have been established by the Board of Supervisors of the County of Riverside. - Section 8. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any finai court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 9. Ordinance Shall Work in Coni unction With State Statutes and Local Ordinances. This Ordinance shall be interpreted so as to work with and in conjunction with (when and where applicable) any and all state and/or local ordinances relating to the control of graffiti and/or related vandalism, including, but not limited to, Sections 594, 594.1,594.2,594.3,594.5,594.6,594.7,594.8, 640.5, 640.6, 640.7, 640.8 of the California Penal Code; Section 1714.1 of the California Civil Code; Section 53069.3 of the California Government Code; and Riverside County Ordinance 704. Section 10. Reward For Information. The Board of Supervisors determines that rewards for any information leading to the identification, apprehension and conviction of any person who has placed graffiti upon any public or private property within the unincorporated areas of Riverside County shall be in a range from one hundred dollars ($100) to one thousand dollars ($1,000), to be specifically determined by the Director of Building and Safety, or that person's designee, and the Sheriff, or that person's designee, based on the severity of the crime. The identity of those seeking rewards shall be considered confidential and shall not be released to members of the public. The Board of Supervisors reserves the right to require that the convicted offender reimburse the County for any reward paid, and place the responsibility for such reimbursement upon the parent(s) or legal guardian(s) of any minor so convicted. Section 11. This Ordinance shall be effective 30 days after the date of adoption. Adopted: 733 Item 11.1a of 08/24/1993 (Eff; 09/23/1993) Amended: 733.1 Item 3.1 of 04/19/2005 (Eff: 05/18/2005) AGENDA ITEM NO. c.?::< PAGE ;(0 OF -<D http://www.clerkoftheboard.co.riverside.ca.us/ords/700/73 3 .hlIn 12/28/2006 CITY OF LAKE ELSINORE REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CHAIRMAN AND COMMISSION MEMBERS FROM: MARK DENNIS, INFORMATION/COMMUNICATIONS MANAGER DATE: FEBRUARY 14,2007 SUBJECT: STRATEGIES ON PREVENTING VANDALISM AND GRAFFITI TO BUNDLE WITH PROPOSED MID-YEAR BUDGET RECOMMENDATIONS BACKGROUND The City Council is considering a mid-year budget line item addition of$10,000 for demonstration of Anti-vandalism and graffiti technologies. This is to ensure funding will be available once the Council approves the PSAC's Anti-vandalism and graffiti recommendation due later this year. Technologies of interest to the PSAC for tracking, remote surveillance and anti-graffiti deterrence, include GPS and GIS, electronic surveillance and security monitoring systems, and anti-vandalism systems. DISCUSSION A stated goal of the PSAC is to review the City's Graffiti Ordinance and to formulate a comprehensive set of recommendations to counter Graffiti occurrences through stricter ordinance language, increased enforcement and eradication, adoption of Countywide restrictions on point of sale access to materials used 'for graffiti, and use of technology as a tool for arresting, prosecuting and convicting graffiti perpetrators. The PSAC is considering surveillance technologies in use by other jurisdictions and potential anti- gratlhi systems (see Attachments A and B) for the City to demonstrate on a trial basis. Technology recommendations will be part of the overall Anti-vandalism and Graffiti program to be presented to the City Council for consideration. Anticipating recommendations from the PSAC for Council consideration later this year, staff included a mid-year budget "placeholder" for implementing PSAC technology recommendations. FISCAL IMPACT The actual cost is unknown at this time. A $10,000 funding recommendation, set by the City. AGENDA ITEM NO. J.. 3 PAGE / OF ) :1 Manager and Director of Administrative Services, was included in the mid-year budget proposal presented to the City Council on January 18. Adoption of mid-year budget will be considered by the Council at their regular meeting on February 13. RECOMMENDATION Discuss goals and objectives of anti-graffiti program and strategic mid-year funding recommendations. AGENDA ITEM NO. ::<. f PAGE J. OF;;t ~ PSAC Clippings ATTACHMENT A Source: htto://cbs2.com/Jocalbriefs#storv9 Story Date: December 6, 2006 Redlands Police Use Camera System To Help Track Taggers (Redlands, CA) -- Redlands police have a new method of tracking vandals. Police released a digital photo of four suspected vandals this week who where photographed on a digital camera system shortly after tagging a wall with spray paint. Authorities say the vandals were photographed in the 15- hundred block of North Orange Street around midnight on November 30th and are also suspected of tagging Clement Middle School the same evening. Clip_Redlands Police Camera Taggers_CBS120606 AGENDA ITEM NO. .,,(3 PAGE 3 OF~ A'I'l'ACHMENT B CITY OF WILLIAMS LAKE COMMITTEE OF WHOLE COUNCIL REPORT # 15 - 2006 PRESENTED: FROM: SUBJECT: Regular Council Meeting - March 7,2006 DATE: March 2, 2006 Committee of Whole Council FILE: 2-9-13 Crime Prevention Strategy - Cameras - Q Star Technology The Committee of Whole Council met on February 28, 2006 to consider the above matter and makes the following recommendation to Council: RECOMMENDA nON: That the Committee of Whole Council recommends Council approve Q Star Technology installing a security camera unit on a trial basis for 3 weeks. Respectfully submitted, Sue Moxey Director of Corporate Services AGENDA ITEM NO. .:{3 PAGE if OF.s:2a L1 CITY OF WILLIAMS LAKE COUNCIL REPORT DATE OF REPORT: DATE AND TYPE OF MEETING: FROM: SUBJECT: February 21, 2006 COMMITTEE OF THE WHOLE - FEBRUARY 28, 2006 CHIEF ADMINISTRATIVE OFFICER CRIME PROTECTION STRATEGY - CAMERAS: Q-ST AR TECHNOLOGY 1-18-18,2-9-13 FILE: RECOMMENDA TION(S): That Council authorize the trial of one Q-Star Camera unit in the downtown core and report back on the results. EXECUTIVE SUMMARY: Q-Star cameras have been in the United States to deter vandalism in various areas. Representatives from Q-Star here in BC will make a presentation to Council in order to show the product and its effectiveness. It is proposed that we try one unit to see how effective it could be to deter vandalism in the downtown area. This is not the usual camera and it proved to be very effective where it is used. PURPOSE: One of Council requests regarding Crime and Vandalism was to look into installing 'security' cameras in the downtown core. Respectfully submitted, Alberto S. De Feo, Ph.D.Law CHIEF ADMINISTRATIVE OFFICER Attachments: Attachment A - Product Information and Applications AGENDA ITEM NO. ::<3 PAGE S- OF ~.::l.. ------- ~ I . t . FlashCam-770 Digital/Solar Power Camera System What is the FlashCAM Deterrent System? The FlashCAM system was designed to give cities, towns, schools, and others a pro-active tool to deter or stop graffiti, vandalism, illegal trash dumping. The system was not designed to be a hidden covert camera. Its bright flash and loud voice message sends an unmistakable signal to the vandals; this city cares. You will be held accountable for your actions. Q-Star Technology offers a unique value proposition-STOP graffiti, vandalism, illegal trash dumping, theft, and other antisocial behavior before it occurs. Many cities, towns, and business entities put their focus on painting over graffiti, dealing with the aftermath of vandalism or theft, and spending thousands of dollars to clean up illegal trash dumping. The FlashCAM gives customers an alternative approach. The notion of deterring these anti-social behaviors before they occur is a concept that is a proven winner. The FlashCAM deterrent systems have been developed for real world applications to help customers take a pro-active approach to protect their property, keep cities cleaner and safer, and reclaim their streets from anti-social perpetrators. Q-Star customers are varied and many---departments of cities and towns such as Police and Sheriff's Departments, Parks and Recreation Departments, Public Works Departments, Code Enforcement, Neighborhood Services, and Keep America Beautiful affiliates. Other entities such as school districts, water and utility companies, construction companies, and business owners use Q-Star FlashCAM deterrent systems to protect their property. AGENDA ITEM NO. PAGE ~3 i~ O~~ - -_..._.......~~........................__..................~.,.....- . "" '~H ". . ...... ... . '." . ,H. '.. H", '.._.~H' , , '" """,'m H '" , '" 'n~p",,_ . - Applications Illel!al Trash Dumpinl! Vandalism Graffiti Construction Site Theft and Vandalism Mountinl! Examples Helpful Orl!anizations AGENDA ITEM NO._ 23 PAGEJ_OF M Illegal Trash Dumping The broken window theory-leave a broken window without repairing it encourages vandals to break more windows in the building. A structure that has been sprayed with graffiti, vandalized, or littered with trash seems to be an open invitation to vandals to continue the destruction. And so it is with illegal trash dumping. It may begin with a small pile of stuff at a location or a few items scattered about. If this trash is not removed, the rubbish attracts more dumping. Soon there will be an old washing machine, a tattered couch, and other unwanted household items. Then comes the construction debris, and/or hazardous waste materials such as tires and batteries. Cities and towns spend tens of thousands of dollars (or more) each year to clean up illegally dumped trash and pay to dump it in legal landfills. A southern California beach city had a fully loaded cement truck [with the cement hardened] abandoned in an alley. Guess who had to pay to have it hauled away. The city where it was unceremoniously dumped footed the bill. Strategy Many cities and towns use FlashCAM deterrent systems to deter or stop illegal trash dumping, citing cost effectiveness. They save money, time, and labor resources by taking a pro-active stance to stop the dumping before it occurs. Tactics 1. Note the locations where trash is most frequently dumped and determine ifthere is a suitable place to install a FlashCAM deterrent system. 2. Establish your goals. It could be that you just want the dumping to stop so your department doesn't have to deal with it. If your city has stringent laws for illegal trash dumping you may want to "catch" the dumpers on photographs so citations and fines can be levied. 3. Most dumpers drive pickup trucks. Both FlashCAM models can capture a license plate number up to 100 feet in total darkness. If deterring the problem is your goal, set the system to take two to four photos per event. If your goal is to issue citations and levy fines, set the "delay" to 60-seconds, which will allow legal traffic to pass on by. This 6O-second delay will also give the illegal dumper time to get out of the truck and start dumping so the event can be captured on photographs. For this scenario, we suggest setting the number of photos at 4 per event. The FlashCAM-770 digital system can store over 1,500 photos when set at 3 megapixel resolution. However, the bright flash and voice warning typically deters the dumper from dumping. 4. The residual effect. Customers report that once the word spreads that a location is guarded by a security camera, the dumping stops and remains trash-free for a period of time. Move the FlashCAM to another trouble spot. Let's say for the sake of discussion that you have identified 20 trouble spots in your town where trash is illegally dumped on a regular basis. Yet you may not have the budget at this time to purchase 20 FlashCAM systems. Solution: Purchase several FlashCAMs and 20 Quick Move adapters. The Quick Move adapters speed up the move and installation process. Keep rotating the FlashCAM systems to your trouble spots to get more bang for your bucks. 5. Document your trash deterrent program. Track when and where the FlashCAMs are installed. Take before and after photographs of the site. Note how long a system is placed at a location before it is moved. Track the amount of money spent on removal of illegal trash dumping before and after FlashCAM systems are used in your deterrent program. This ongoing record of your program will serve you well at city council meetings and when setting budgets Cities (typically the Public Works Department) using FlashCAM-530 and/or FlashCAM-770 systems to deter illegal trash dumping: AGENDA ITEM NO. PAGE .:<3 .g,. OF';? ~ [PARTIAL LIST] Burbank, CA Cincinnati, OH Frisco, TX Harlingen, TX Houston, TX Inglewood, CA Long Beach, CA Louisville, KY Madera, CA Pittsburg, CA Richmond, VA FlashCAM-770 Digital system FlashCAM-770 Digital systems FlashCAM-770 Digital systems User references are available upon request. AGENDA ITEM NO. PAGE .23 1 OF.22:- Return to Top of Palle " AGENDA ITEM NO. .:? 3 PAGE /6 OF~~ . - Graffiti Graffiti is a blight on communities which creates the impression that a city is in decline. When graffiti is not painted over or removed quickly, a sense of lawlessness persists. Graffiti attracts more graffiti and other acts of vandalism and the downward spiral begins. Citizens complain, and in some cases, business owners are fined if the graffiti is not removed from their place of business within a specified time. The end result-most cities and towns spend tens or hundreds of thousands of dollars (or more) each year on graffiti removal and re-painting. Q-Star Technology offers a new tool for anti-graffiti programs-the FlashCAM-770 graffiti deterrent system. The FlashCAM system deters or stops graffiti at the location where it is installed. This system is at work in Los Angeles, Phoenix, San Jose, and many other cities as a first line of defense against graffiti taggers and vandals. Strategy Many CIties and towns use FlashCAM deterrent systems as an integral part of their anti-graffiti programs. The approach is to stop the graffiti before it occurs, thus saving the time, money, and manpower to clean it up. Tactics 1. Note the locations where the worst graffiti occurs most frequently. Typical locations are sound walls adjacent to freeways, buildings with an expanse of plain walls, etc. Determine if there is a suitable place to install a FlashCAM deterrent system. 2. Establish your goals. It could be that you want to tackle the worst trouble spots first. Establish a "Top Ten" list of the most visible graffiti areas. Based on the number ofFlashCAMs purchased, determine a rotation schedule of where the systems will be installed and moved to next. If your city has stringent laws in place to prosecute "taggers," you may want to "catch" the perpetrators in the act of spraying graffiti so citations and fines can be levied. 3. If deterring the graffiti is your goal, set the system to take two to three photos per event. When the tagger sees the bright flash from the FlashCAM system, the tendency is to look toward the flash. By taking more than one photograph of the event, this strategy improves your chances of getting recognizable photos of the tagger which can be used to identify him/her. The FlashCAM-770 digital system can store over 1,500 photos when set at 3 megapixel resolution. However, the bright flash and loud voice warning typically deters the tagger from doing any damage. 4. Document your anti-graffiti program. Track when and where the FlashCAMs are installed. Take "before" and "after" photographs of the site. Note how long a system is placed at a location before it is moved to another trouble spot. Track the amount of money spent on graffiti removal before and after FlashCAM systems are used in your graffiti deterrent program. This ongoing record of your program will serve you well at city council meetings and when setting budgets. Cities (typically law enforcement or Anti-Graffiti departments) where FlashCAM-530 and/or FlashCAM-770 systems are used to deter graffiti: [PARTIAL LIST] Chicago, IL (School District) Los Angeles, CA (Clean Sweep Program) Los Angeles, CA (Parks & Recreation Dept.) Palmer, MA (Police Department) Phoenix, AZ (Neighborhood Services) Award-winning anti-graffiti program 23 Port Arthur, T~ (Police Department) AGENDA ITEM NO. Reno, NV (Pohce Department) _ II . Riversidel CA (School District) PAGI:--U--OF~&. San Bernardino, CA (Code Enforcement) San Jose, CA (Anti-Graffiti Program) Richmond, V A (Police Department) User references are available upon request. Return to top of paee AGENDA ITEM NO. 0?3 PAGE /:2.. OF ~ ~ Vandalism Vandalism is the conspicuous defacement or destruction of a structure or property. Vandalism costs cities, towns, schools, parks, business owners and individuals millions of dollars each year to clean up graffiti, repair buildings, or replace vandalized equipment. As taxpayers, we foot the bill. Most vandals are young people-from grade schoolers to teens to young adults who damage property. Many cities and towns have a pro-active program to prevent vandalism. These programs may include: . Educate the public, especially young people, about the costs of vandalism . Clean up vandalism as soon as it happens-repair signs, repair playground equipment . Encourage citizens to report anyone committing vandalism to the police . Support for recreational programs for youth . Use of FlashCAM systems to deter vandalism at key locations Vandalism occurs in many places, such as parks, schools, cemeteries, skateboard parks, community swimming pools, historic structures, golf courses, etc. The municipalities using FlashCAM deterrent systems as a part of their overall strategy tend to install the systems at locations that are hit repeatedly with vandalism. The typical result is the vandalism stops at these locations. A key benefit of the system is the deterrent factor. The FlashCAM issues a loud voice warning while taking a series of photographs whenever motion is detected. The system operates unattended daytime and/or nighttime to protect your site. The l4-second voice message can be customized to fit the location. One Parks & Recreation customer recorded this message, "Hey you, over by the snack shop. The park is closed. We have just taken your photograph and will use this photo to prosecute you. Leave now!" Strategy Stop vandalism before it occurs, saving the expense of equipment replacement and damage to structures. Use FlashCAM systems as the first line of defense to safeguard your sites. AGENDA ITEM NO. ,23 PAGE /3 OF~ Tactics I. Determine when the theft and/or vandalism occurs-daytime, nighttime. This information will be helpful when setting up the FlashCAMs. For example, the systems can be set to operate from dusk to dawn, or from 10 p.m. (when the park closes) to dawn, which would be an appropriate setting if most vandalism occurs at night. The choice is yours. A major city has FlashCAMs deployed throughout its park system. The systems are in operational mode 24/7 with a benign message that says, "Welcome to the park. We have taken your photograph for security purposes. Have a nice day." In these days of heightened security, park visitors feel safer knowing there is some surveillance. Meanwhile, incidents of graffiti, vandalism and illegal trash dumping have been significantly reduced. 2. Based on the number of sites to be protected, determine how many F1ashCAMs are needed. Next, decide where the FlashCAM systems will be mounted (at least 18 feet high). Example: a historic house was frequently vandalized with graffiti, broken windows, etc. It was determined that two FlashCAM-770s would adequately protect this valuable property. Another example is a skatebqard park where walls were covered with graffiti and equipment was vandalized regularly. Two FlashCAMs were installed and the problems ceased. 3. Set goals. If stopping the vandalism is your goal, set the system to take two or three photos per event. An "event" is when the system detects motion and is triggered. Typically, the combination of the bright flash and voice warning surprises the vandal and he/she flees the scene. The FlashCAM-770 digital system can store 770 photos when set at 5 megapixel resolution, and over 1,500 photos when set at 3 megapixel resolution. 4. Document your vandalism deterrent program. Track when and where the FlashCAMs are installed. Take photos of the site that has been vandalized to document the destruction. Track the amount of money spent to repair damage, including man hours. Once the site has been restored and the FlashCAMs installed, take photographs in a few weeks to document the results. This ongoing record of your deterrent program will serve you well at future meetings with officials and when setting budgets. Entities using F1ashCAM-530 and/or FlashCAM-770 systems to deter vandalism: [PARTIAL LIST] Adelanto, CA (School District) Bellflower, CA (School District) Chattanooga, TN (Parks and Recreation Department) Cincinnati, OH (Keep Cincinnati Beautiful) Kansas City, MO (Parks and Recreation Department) Hampstead, MD (Police Department) Los Angeles, CA (Parks and Recreation Department) Oklahoma City, OK (Power Utility Company) Ellicot City, MD (School District) San Bernardino, CA (Parks and Recreation Department) San Antonio, TX (Water District) Yakima, WA (Police Department) User references are available upon request. AGENDA ITEM NO. ,;(3 PAGE...Li-OFii@:. Return to too of oa!!e AGENDA ITEM NO. ,;? 3_ PAGE I~ -cy; ~ ~ Construction Site Theft and Vandalism The National Equipment Register, an organization that provides information on heavy equipment theft and ownership, estimates that construction theft costs companies between $300 million and $1 billion a year nationwide because of theft of construction equipment. Items most frequently stolen are: Tractors 26% - Skid Loaders 23% - Backhoe Loaders 20% - Loaders 12% "As little as 10-15% of stolen equipment is recovered." Source: National Equipment Register. When theft of tools, batteries, construction materials, and the latest craze, theft of copper, are factored in, the losses tally up to even larger amounts. Then there is the vandalism that occurs at building sites such as broken windshields, smashed equipment, destruction and defacement of construction in progress, etc. Pro-active construction companies use a variety of security measures, including security guards 24/7, anti-theft devices mounted on individual pieces of equipment, hard-wired CCTV systems that are monitored to reduce the damage and thefts. Q-Star offers a less expensive alternative-the FlashCAM-770 digital deterrent system. The FlashCAM's battery pack is powered by solar, so it's ideal for remote locations-no hard wiring s needed. A key benefit of the system is the deterrent factor. The FlashCAM issues a loud voice warning while taking a series of photographs whenever motion is detected. The system operates unattended in total darkness to protect your site. Strategy Stop thefts and vandalism before they occur, saving the expense of equipment replacement, downtime and dealing with the aftermath of vandalism. Use FlashCAM systems as the first line of defense to safeguard your site. Tactics I. Determine when the theft and/or vandalism occurs---daytime, nighttime. This information will helpful when setting up the FlashCAMs. For example, the systems can be set to operate from dusk to dawn, which would be an appropriate setting if most theft and vandalism occurs at night. 2. Based on the size of the building site, determine how many FlashCAMs are needed to secure the site. Next, decide where the FlashCAM systems will be mounted (at least 18 feet high). Example: the building site is a bridge under construction. Thieves are stealing batteries from heavy equipment, causing expensive down time and replacement costs. Solution: Install a FlashCAM deterrent system at each end of the bridge. Post a large warning sign at both entry points to the site. If your building site is large, for example, a shopping mall or a school, customers tell us they "circle the wagons." At the end of the workday all pieces of heavy equipment are parked in one area so they can be protected by a minimum number ofFlashCAM systems. Each FlashCAM has a range of 100 feet. 3. Set goals: If stopping the theft/vandalism is your goal, set the system to take two or three photos per event. Imagine this scenario at 2 a.m. A thief has entered your building site with the intent of stealing something. When the FlashCAM system detects motion, a bright light flashes and a loud voice booms out, "Stop! This is a restricted area. We have just taken your photograph and will use this photo to prosecute you. Leave now!" Typically, the combination of the bright flash and voice warning surprises the intruder and he/she departs the scene for an easier target. If your goal is to "catch" the intruder, or perhaps identify an employee that you suspect is stealing, your tactics will be a bit different. Set the FlashCAM to take 4 photos per event. When the intruder sees the bright flash from the FlashCAM system, the tendency is to look toward the flash. By taking several photographs of the event, this strategy improves your chances of getting recognizable photos of the intruder, which can be used to identify him/her. The FlashCAM-770 digital system can store 770 photos when set at 5 megapixel resolution, and over 1,500 photos when set at 3 megapixel resolution. 4. Portability of the. systems works to your advantage. Customers report that once ~g~ ifEifi>~at a p?3 PAGE It:. OF .;;:>~ location is guarded by a security deterrent system, the thefts and vandalism tend to stop. When the job is completed, just move the FlashCAM systems onto your next job site. 5. Document your theft/vandalism deterrent program. Track when and where the FlashCAMs are installed. Take "before" and "after" photographs of the site. Track the amount of money lost due to theft and vandalism before FlashCAM systems were installed. Note the amount of money lost from theft and vandalism (if any) after FlashCAMs are installed. This ongoing record of your deterrent program will serve you well when the next job is bid and when setting budgets. Location of construction companies using FlashCAM-530 and/or FlashCAM-770 systems to deter construction site theft and vandalism: [PARTIAL LIST] Baltimore, MD Camp Hill, P A Houston, TX San Antonio, TX User references are available upon request. AGENDA ITEM NO. 0?3 PAGE /7 OFbl.~ Return to top of P3Qe AGENDA ITEM NO. ~ PAGE /8" OF O?~ AGENDA ITEM NO. ,;:e PAGEJf1 Mounting Examples Return to Top of Page AGENDA ITEM NO. e:?3 .... PAGE ;)OOF~ '\\ Helpful Organizations NOl1:raf network The mission oIthe Nograf Network is to promote a graffiti information exchange forum in partnership with community members and law enforcement, using web- based technologies. We will accomplish this ..:?3. by building partnerships with tbe ENDA ITEM NO. (;1"1::..[:,,....1 community, the urivate and PAGE ~ OF~ IG RAFFITIIIIIm,. Care for your community Return to Top of Page philanthropic sectors, and all branches and levels of govcrnment. \Vc administcl' the development and promotion of proactive graffiti vandalism prevention materials to create a safer and c1caner community. We want to malie civic participation a dynamic and mcaningful experience with regard to reducing the hlight of graffiti vandalism and to improve the (Iuality of life for all citizens. Keep America Beautiful Keep America Beautiful, Inc. network of local, statewide and international affiliate programs educate individuals about litter prevention, community improvement, and ways to reduce, reuse, recycle, and properly manage waste materials. Through partnerships and strategic alliances with citizens, businesses and government, Keep America Beautiful programs motivate millions of volunteers annually to clean up, beautify and improve their neighborhoods, thereby creating healthier, safer, and more livable community environments. Graffiti Hurts Graffiti Hurts@ - Care for Your Community is aimed at educating individuals about the c.onsequences of graffiti in their communities. The fact is, graffiti is harmful to everyone, homeowners, businesses. schools, and you. Q-Star Technology, LLC 9960 Canoga Avenue, Suite D4 Chatsworth, CA 91311 Toll Free (866) 201-4197 Main Office (818) 772-9000 Fax (818) 407-1312 www.qstarteeh.eom qstar2000(a1aol.eom AGENDA ITEM NO. 0?3 PAGE .;?.:<, OF~ CITY OF LAKE ELSINORE REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CHAIRMAN AND COMMISSION MEMBERS FROM: MARK DENNIS, INFORMATION/COMMUNICATIONS MANAGER DATE: FEBRUARY 14,2007 SUBJECT: PREP ARA TION OF THE PSAC ANNUAL REPORT FOR YEAR 2006 BACKGROUND Ordinance 1116 (Section 2.46.060 e.) requires the PSAC to report to the City Council on PSAC activities on a regular basis. This requirement has been met by periodic oral presentations to the City Council and distribution of a written annual report in the first quarter of each year. DISCUSSION Staff is currently preparing the 2006 annual report. The chronological activity summary (Attachment A) includes PSAC minute actions, Commissioners' attendance and statistics to include in the final narrative of year 2006 activities. 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Q ll) cj'C ~'s g g.:..,,; s.:: to 1'3 (I) ~ 0 +-0...... b.O g.f.1.J u.il e::u Q ""'~ ~E '.;j I>< ll)'~ 0< al O)uo_"'a Ollc:-'~~ "Og~g;::u ;::S._ ~ 00'- 00( CO"Et::ca~rJ') to 0 .S: ,I; ll) ~ .3 Q) '.::= ~ '-' "3 ~ ' ><\;:1 toU"O- 8' .0 ~ p..< (l) 5b',c .- 1-< e rJ') ~ tU 0 ::E"I><[IJ~< "";Nf"f"i ~Ir);.c.i NNN NNN ,., Cl o '0 c: E! .c " Cl c: ~ " E ';il (f) ll. <0 o AGENDA ITEM NO. :<'/ PAGE 9 oFL 00 > ~ CITY OF LAKE ELSINORE REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CHAIRMAN AND COMMISSION MEMBERS FROM: MARK DENNIS, INFORMATION/COMMUNICATIONS MANAGER DATE: FEBRUARY 14, 2007 SUBJECT: OVERVIEW OF COUNTY ORDINANCE NO. 858 PROHIBITING FIREWORKS BACKGROUND Riverside County Ordinance No. 858, Prohibiting Fireworks, toughens penalties for the use and possession of illegal fireworks. Adoption of this ordinance by local jurisdictions has been reconunended by the Executive Conunittee of the Western Riverside Council of Governments. DISCUSSION A stated goal ofthe PSAC this year is to formulate reconunendations to increase the effectiveness of City prohibitions against the possession and use of illegal fireworks. A secondary goal is to promote public safety through increased public outreach to reduce fireworks related service calls and prevent injuries due to fireworks use. In December, the City received a letter from the Western Riverside Council of Governments (WRCOG) urging adoption of the County Fireworks Ordinance No. 858 (Attachments A and I, respectively). Attachment B, Lake Elsinore Municipal Code Chapter 8.52, FIREWORKS, is a scant paragraph in length. Amending LEMC Chapter 8.52 to incorporate County Ordinance No. 858 would: . Stiffen penalties for use and possession of illegal fireworks; . Prohibit possession, storage, use and discharge of defined fireworks, with some exceptions; . SpecifY penalties for violations; . Provide consistency between City and County Fireworks Ordinances related to prohibitions, penalties and public safety objectives. Last year, the PSAC developed a new Fireworks public safety advertisement that appeared in local newspapers and on the City's Web site (attachment C) prior to the July 4 Independence Day holiday. Consistent public safety messages between County and local jurisdictions, as exemplified by this advertisement, will enable the City to be more effective in educating the public about the dangers and consequences of illegal fireworks possession and use. AGENDA ITEM NO. d.... ~ PAGE / OF /;)- - Preventing personal injury and damage to property is the desired outcome of a stronger Fireworks Ordinance and related public outreach program. FISCAL IMPACT None at this time. RECOMMENDATION Direct Legal Counsel to draft an amendment to LEMC Chapter 8.52.010, Fireworks, incorporating County Ordinance No. 858, to accompany draft recommendation for PSAC's review in March, 2007. AGENDA ITEM NO. PAGE .2 JS- OF / J.. County of Riverside' City of Banning' City of Beaumont. City of Coli meso . City of Canyon lake' City of Corona' City of Hemet . City of lake Elsinore City 01 Moreno Valley' City of Murrieta' City of Norco . City .~ Penis' City of Riverside' City of San Jacinto. City 01 TemecuJo A'l"l'ACHMENT A To: Members, WRCOG Executive Committee Members, WRCOG Technical Advisory Committee Rick Bishop, Executive Director(~ ~;~>~~p (v'il~ 1{O)~~~~~rm I1\'J DEe 1110"' ~ CITY MANAGER'S OFFICE Date: December 7,2006 From: Subj: Executive Committee requests all WRCOG jurisdictions to adopt County of Riverside Ordinance No. 858 Prohibiting Fireworks --OnDecembe(;C2006,WRCOG;s ExecuiiveCommittee1()ok a:dionto supporfColTrity arRiversiCle--- -- Ordinance No. 858 (attached) Prohibiting Fireworks and encouraged local jurisdictions to consider adopting the ordinance or similar provisions. Ordinance No. 858 combines all existing county regulations on fireworks into a single ordinance and provides for stiffer penalties for the use and possession of illegal fireworks. The ordinance was developed as a response to concerns that since 2000, the number of fireworks calls for service responded to by the Sheriff's Department has doubled, and confiscations of illegal fireworks has nearly tripled. Included are prohibitions on the possession, storage, use, and discharging of defined fireworks, with exceptions noted. Manufacturing of fireworks without special permits is also prohibited. Penalties for violations are specified as well. Please do not hesitate to contact me at (951 )'955-8303 or at bishop@wrcoa.coa.ca.us if you have any questions. Attachment: 1. Ordinance No. 858, An Ordinance of the County of Riverside Prohibiting Fireworks cc: Marion Ashley, WRCOG Executive Committee Chair Chuck Washington, WRCOG Executive Committee Vice-Chair __JohB_tlawkins,J:irs_.chief, County ofBiversige H.\l AHpr,,\Finf.l1 ?O()h\Mp.mo~\Arloption of Orrlimmr.p R!;R MArTl() rtf AGENDA ITEM NO. PAGE 3 ~S' OF / .Q 4080 lemon Slreel, 3rd floor Annex, MS 1032 . Riverside, CA 92501-3679' 19511955-7985 . fox 19511787-7991 . www.wrcog.cog.co.us 'Ordinance 858 Pagel of 7 ORDINANCE NO. 858 AN ORDINANCE OF THE COUNTY OF RIVERSIDE PROHIBITING FIREWORKS The Board of Supervisors oflhe County of Riverside Ordains as follows: SECTION 1. URGENCY FINDINGS AND STATEMENT OF PURPOSE AND INTENT Pursuant to the requirements of California Government Code section 25123, subdivision (d), the Board of Supervisors has determined that the provisions contained herein are necessary for the immediate preservation of the public peace, health, or safety within the unincorporated areas of Riverside County. Said determination is based on the following factual circumstances: . While Riverside County has long ProhibitEld thE! pers911l:i' us_e al]d~~!~of!,!:~w~!~silllJ~inc;ore.()~~tE!d.' _ areas, there continue to be vi61ations of this policy. It has now become evident that the sale, purchase, use, storage and disposal of fireworks have reached critical proportions in Riverside County, thereby, endangering the public safety of its citizens such that stronger penalties are imperative. The personal use and sale of illegal fireworks in the unincorporated areas of the County are an immediate public peace, health and safety concern. In the past six years, the number of fireworks calls for service responded to by the Sheriff's Department has doubled while the.number of pounds of fireworks confiscated has nearly tripled.. In 2004, the Sheriff's Department responded to 2118 calls for service involving fireworks and confiscated approximately 1223 pounds of fireworks. In 2005, the Sheriff's Department responded to 2007 fireworks calls for service. and confiscated approximately 1352 pounds of fireworks. These numbers only reflect those calls for service that generated a file number. Many times on holidays with numerous fireworks related calls, such as the Fourth of July, the fireworks calls for service will be made via a general radio broadcast and are not included 'in the abovestatistics.~ On the Fourth of July 2005 the Riverside Sheriffs Department Hazardous Device Team increased enforcement in an unincorporated, residential neighborhood where the use of illegal fireworks was known to, occur. They confiscated over 450 pounds of illegal fireworks before law enforcement left the area due to officer safety issues. Illegal fireworks are a serious concern in the County for several reasons. First, fireworks are sold to children. According to theU:S. Fire Administration, children under the age of 15 suffered 45% of all injuries from fireworks in 2003. Second, fireworks are often stored without safety precautions in residential neighborhoods. In Ma~c:h 2006,. in Los Angeles County, a cache of illegally stored fireworks destroyed a ~ ,; , , , \".'. ,- -,,' , http://www.c1erkoftheboard.co.riverside.ca.us/ords/800/858.htm AGENDA ITEM NO. ~ S- PAGE Lj. OF .l.!:2!...12/2006 -Ordinance 858 Page 3' of? b. "DANGEROUS FIREWORKS" has the same meaning ascribed to it under Section 12505 of the '.' California Health and Safety Code and includes all of the following: (a) Any firewo~ks which contain any of the following: (1) Arsenic sulfide, arsenates, or arsenites.' ".'. (2) Boron. (3) Chlorates, except: (A) In 'colored smoke mixiurein which an equal or greater amount of sodium bicarbonate is included. (B) In caps and party poppers. .... . (C) I h'those small iteri,s( s uch'as''grou nd 'spiiiners)whereinthetbtal powdercontent'-'"c......".... does not exceed(4 grams of which not greater than 15 percent (or 600 milligrams) is potassium, sodium, or barium chlorate. (4) Gallates or Gallic acid. (5) Magnesium (magnesium-aluminum alloys, called magnalium, are permitted). (6) Mercury salts. (7) Phosphorus (red or white except that red phosphorus is permissible in caps and party" poppers). (8) Picrates or picric' acid. (9) Thiocyanates. (10) Titanium, except in particle size greater than 100-mesh. (11)Zirconium.' (bjFI~ecracke~.'" " ~"..~. .... c,..:;;~,. " ,'_ .~;_ " ;" -'--,"- .~'~._. ."- '-'~"~ '. ,,-. ','. ," .'; (c) Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge. (d) Roman c~ndles, including all devices which discharge balls of fire into the air. . . (e) Chasers, including all devices which dart or travel' about the surface of the ground'during discharge. (f) Sparklers more than 10 inches in length or one-fourth of one inch in diameter. (g) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. Th~s~ items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, ,......- http://www.clerkoftheboarcl.co.riverside.ca.us/ords/800/858.htm , . AGENDA ITEM NO. ~S 10/12/2006 PAG{ fL> ' OF JB.. .Ordinance 858 Page 5 of7 experience, and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted. i. "PYROTECHNIC SPECIAL EFFECTS MATERIAL" means a low explosive material, other than detonating cord, commonly used in motion picture, 'television, theatrical or group entertainmentproauction for which a permit from the Chief is required for use or storage. , ' j. "SAFE AN'D SANE FIREWORKS. has tlie same meaning ascribed to it under Section 12529 ofthe California Health and Safety Code and shall mean any fireworks which do not come within the definition of "DANGEROUS FIREWORKS" or "EXEMPT FIREWORKS." k. "SHERIFF" shall mean the Sheriff of the County of Riverside or his authorized representatives. SECTI0W3:'PROHIBITION . ""-C'.'.~. __--c,__._~_ --<':'.-"---;._0____"""': C_"_ '-.' a. GENERAL. No person shall have in his possession, or keep, store; use; shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport any FIREWORKS, DANGEROUS FIREWORKS, or SAFE AND SANE FIREWORKS, except for use as AGRICULTURAL AND WilDLIFE FIREWORKS or for use in a PUBLIC DISPLAY OF FIREWORKS pursuant to a permit obtained under the provisions of Sections 12640-12654 of the California Health arid Safety Code, Article 78 of the Riverside ., ' County Fire Code (Riverside County Ordinance No. 787.2) and this Ordinance. b. MANUFACTURING PROHIBITED. The manufacturing of FIREWORKS, DANGEROUS FIREWORKS, or SAFE AND SANE FIREWORKS is prohibited except under special permits as required by local and state regulations by the. Fire Chief and the Sheriff. c. PYROTECHNIC SPECIAL EFFECTS MATERIAL. A permit is required to manufacture, compound,' store or use PYROTECHNIC SPECIAL EFFECTS MATERIAL. Permit application shall be make to the Fire Chief and theSneriff."A'permltsliaIlOe'giEinfedohly to~St~t~j:ire M'arshaTflici'ensedPYROTECHi'JIC " OPERATOR. SECTION 4. DISPLAYS a, GENERAL. Permits are required to conduct a PUBLIC DISPLAY OF FIREWORKS. Permit application shall be made to the FIRE CHIEF and the SHERIFF not less than 14 days prior to the scheduled date of the display. The permit application shall'include adiagramof the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the IOcatio'n of buildings, highways and' other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines' and other overhead obstructions. At the time of permit application, ~, http://www.clerkoftheboard.co.riverside.ca.us/ords/800/858.htm . ' , , AGENDA ITEM NO. ~S- f(J11?/2006 PAGE--1.0F..!2L , .Ordinance 858 Page 7 of7 penalties of a fine of one thousand dollars ($1,000) and by imprisonment in the county jail for one year. c. A person is guilty of a separate offense for each and every day or portion thereof during which he or it commits, continues, or permits a violation of this part. d. Nothing in this Ordinance shall be intended to limit any of the penalties provided for under the California Health and Safety'Code or Penal Codewilh regard to the sale, use, possession, delivery, and/or transportation of DANGEROUS FIREWORKS. SECTION 8. SEVERABILITY If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any ,- preemptive'legislation; the remaining portions;' provisions;-sections;-paragraphs;-sentences;-and'words'of'lhis..'----~ Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. SECTION 9. EFFECTIVE This Ordinance is hereby declared to be an urgency ordinance and shall take effect immediately after its adoption. Adopted: 858 Item 9.1 of 06/06/2006 (Eft: Immediately) I. . ".'_..,.~<; ,:"._ '.-1:"-"-~<'" '. ".._-:;, '.;' I',' ,:., ,j: ;~'.;', ',.' ',.' i' : ~ -,- ~ ,", l :'; .: q :, 'f"-~ . ( ., "'i-.,.'t-'.'r"~~""", ,- :'0'," ','0'" http://www.clerkoftheboard.co.riverside.ca.us/ords/800/858.htm AGENDA ITEM NO. ..:<S- PAGE / D OF /.;(10/12/2006 A'l'rACHMENT B 8.52.010 8.48.120 LAKE ELSINORE CODE .,.,"1.. ..:-1 .48.120 Recording resolution asses g costs. The City Clerk shall prepa e a d record with the County a certified c y of the resolution of the City Co cil ass ssing the costs of abatement as lien upo the real property .affected. (Or . 686 ~ l(p ), 1983) 8.48.13 Collection of costs hearing. The' City may accept any amou t due at any time . or to the City Coun hearing provided fi r in Section 8.48.100. (0 d. 686 ~ 1(part), 83) . , tered.-Collec- County shall the County tax el of real property. 8.48.150 of this cha ter do not apply to roperty of any Cou y, City, district or 0 agency. ( rd. 686 ~ l(part), 1983) 8.48.1 0 Prohibited acts. Any erson who structs, hinders, or interfere with the ntry upon land mentioned in this ch ter of any officer or employee 0 the Ci y in the performance of his duty and ny p rson who obstructs, interferes wi olests, or damages any work performe 830 z:~;~ under thi.'S c.ha~::~~ glailLJ uf~ .uL iura. 086 ~ ,1983) Chapter 8.52 FIREWORKS Sections: 8.52.010 Prohibition. 8.52.010 Prohibition. It is unlawful for any person, partnership, corporation or association of any kind to, at any time, sell, offer .for sale, store, handle, give. away, possesli, discharge or attempt to discharge, any fireworks, including fireworks classifi. ed safe and sane fireworks within , the corporate limits of the City, except as provided for and authorized by the Uniform' Fire Code as currently adopted and . hereafter amended and incorporated by . reference in the Lake Elsinore Municipal Code. (Ord. 1056 ~ 1, 1999; Ord. 712 ~. 1, 1984) ) Chapter 8.56 Sections: 8.56.010 8.56.020 8.56.030 8.56.035 8.56.040 AGENDA ITEM NO. .;;S PAGE 1/ OF a. Rev.Ord.Supp.lVOO / / / ATTACHMENT C -- FireworksAdRevised.ai 6/8/06 8118123 AM Together We Can Lower The Risk of Fire Outbreak and Tragic Injury! -----. Fir.eworks .facts.. Fire season and fireworks don't mix. For this reason, fireworks are prohibited within the City of Lake Elsinore and virtually all of Riverside County. Any person using fireworks who causes a fire will be financially responsible for all firefighting costs. All fireworks, even sparklers, can potentially be harmful. Children are the most frequent victims. Protect your children - please do not letthem handle any type of fireworks! The Riverside County Fire Department and California Department of Forestry have zero tolerance forillegal fireworks. Persons caught transporting or stockpiling fireworks. may be subject to . citation, arrest and/or fines. lIIegalfireworks ~ay be surrendered without penalty when brough,t to any fire station for safe disposal. The public is invited to attend a City-sponsored professional Independence Day fireworks display over the lake at 9:30 p.m. on Tuesday, July 4. Come watch, be safe, and leave the fireworks to the pros. For more information: 951.674.3124 ext 207 . www.lake-elsinore.org '^'-." AGENDA ITEM NO. .:{5 PAGE Id-...OF ~