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HomeMy WebLinkAbout03/14/2005 PSAC Reports > ~ CITY OF LAKE ELSINORE PUBLIC SAFETY ADVISORY COMMISSION AGENDA RON HEWISON, CHAIRMAN RAY KNIGHT, VICE CHAIRMAN SHAWN BHUTTA, COMMISSIONER V ALERlE 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 MARCH 14,2007 6:00 PM If you are attending this Public Safety Advisorjl Commission Meeting, please park in the Parking Lot across the streetfrom the Cultural Center. This will assist us in limiting the impact of meetings 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 p'1blic requests separate action on a specific action. , PAGE 2 PUBLIC SAFETY ADVISORY COMMISSION AGENDA MARCH 14, 2007 1. Minutes a. Wednesday, February 14,2007 Regular Meeting BUSINESS ITEMS 21. Graffiti Ordinance L.E.M.C. Chapter 9.52 amendments. RECOMMENDATION: 1. That the Commission consider and recommend adoption of the draft graffiti ordinance by the City Council; and 2. Request staff to provide periodic reports regarding graffiti abatement funding, expenditures and City response activities along with updates concerning the County's implementation of the County Ordinance in order to assess the success of the County Ordinance. 22. Fireworks Ordinance (LEMC 8.52) with final proposed amendment incorporating County Ordinance No. 858: RECOMMENDATION: Direct Legal Counsel to finalize staff report and proposed ordinance amen~ment, LEMC Chapter 8.52.010, Fireworks, for City Council consideration at the regular meeting of March 27, 2007. 23. Approve PSAC Annual Report for year 2006. RECOMMENDATION: Direct staff to finalize annual PSAC report for City Council consideration at the regular meeting of March 27, 2007. PUBLIC SAFETY SUBCOMMITTEE REPORTS . , PAGE 3 PUBLIC SAFETY ADVISORY COMMISSION AGENDA MARCH 14,2007 CITY STAFF COMMENTS PUBLIC SAFETY ADVISORY COMMISSIONERS' COMMENTS ADJOURNMENT ---I.: MINUTES PUBLIC SAFETY ADVISOllY COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, FEBRUARY 14, 2007 **************************************************************** 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 Sund. ROLLCALL PRESENT: COMMISSIONERS: KNIGHT, NORKIN, SUND, HEWISON ABSENT: COMMISSIONERS: . NONE Also present were: Information/Communic!ltions Manager Dennis, Public Works Manager Payne, Code Enforcement Supervisor Romero, Sergeant Yates, Fire Chief Hendershot and Office Specialist Porche. PUBLIC COMMENTS None CONSENT CALENDAR ITEMS Chairman Hewison requested to pull item lb. AGENDA ITEM NO. / a... PAGE / OF ..K.. _...._.._--~ , Page 2 - Public Safety Advisory Commission - February 14,2007 MOVED BY KNIGHT, SECONDED BY NORKIN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following minutes were approved: a. Wednesday, November 8, 2006. c. Thursday, November 9, 2006. d. Wednesday, December 13,2006. 1 b. Thursday, November 9, 2006 Minutes. Commissioner Hewison indicated that the intent of the minutes were to produce a one-page bulletin rather than a narrative minute. He requested to hold the minutes and come back with bullet points of action. MOVED BY KNIGHT, SECONDED B'X NORKIN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE ITEM 1B LAKE SHORELINE SAFETY PLAN UPDATE. BUSINESS ITEMS 21. Appointment to joint PSACIP1anning Commission subcommittee on Lakeshore Overlay Districts Chairman Hewison stated that there was a meeting in December 2006. He indicated that it was agreed to form a subcommittee consisting of two members of the Planning Commission and Public Safety Advisory Commission. Commissioners Norkin and Knight volunteered. Chairman Hewison stated that he was not able to attend the meeting of December 2006 however was issued a CD of the contents of the meeting. He suggested that whoever is selected to be on the AGENDA ITEM NO. / tC.. . PAGE ~ OF..L .I Page 3 - Public Safety Advisory Commission - February 14, 2007 Committee, that the PSAC commissioner has a chance to look at what the goals are in the safety and land use aspect. MOVED BY KNIGHT, SECONDED BY NORKIN AND CARRIED BY A UNANIMOUS VOTE TO APPOINT COMMISSIONER NORKIN AND COMMISSIONER KNIGHT TO PARTICIPATE ON THE c8UlfCOMMfT~F THE LAKE SHORE OVERLAY DISTRICTS. 22. Overview of the amendment to County Graffiti Ordinance 733.1 and impacts on proposed City Graffiti Ordinance (LEMC.52). Chairman Hewison requested to move forward with Item No. 23 until Assistant City Attorney Mann was present for the meeting. 23. Strategies on preventing vandalism and graffiti to bundle with proposed mid-year budget recommendations. Information/Communications Manager Dennis noted that the mid- year budget was approved. . Commissioner Norkin asked how the money would be spent. Information/Communications Manager Dennis indicated that the money would be used as a placeholder. Chairman Hewison asked what areas should be looked at. Information/Communications Manager Dennis stated that the City would be looking into GIS capabilities. Chairman Hewison asked ifit is like the Excel Program. Information/Communications Manager stated that it is far more advanced. Chairman Hewison stated that it should be kept in line with the Ordinance. AGENDA ITEM NO. / a.- PAGE 3 oFL Page 4 - Public Safety Advisory Commission - February 14, 2007 Commissioner Norkin asked if Staff has had a chance to review it. Sergeant Yates stated "No". Information/Communication Manager Dennis brought a copy of the draft budget for staff to review. Chairman Hewison asked Sergeant Yates if a spike in the graffiti had occurred. Public Works Manager Payne indicated that some spikes occurred around town. Commissioner Sund asked Public Works Manager Payne if she could do a ride along. Public Works Manager Payne indicated that he would need to get the City Manager's approval. MOVED BY NORKIN, SECONDED BY KNIGHT AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE STRATEGIES ON PREVENTING VANDALISM AND GRAFFITI TO BUNDLE WITH PROPOSED MID-YEAR BUDGET RECOMMENDATIONS. 24. Preparation of the PSAC Annual Report for year 2006. Information/Communications Manager Dennis suggested to staff to include the Annual Report for 2006 in the PSAC Agenda for their consideration. Chairman Hewison concurred. MOVED BY SUND, SECONDED BY NORKIN AND CARRIED BY A UNANIMOUS VOTE TO PREPARE AN ANNUAL REPORT OF THE PSAC FOR THE YEAR 2006. 22. Overview of the Amendment to County Graffiti Ordinance 733.1 and impacts on proposed City Graffiti Ordinance (LEMC 9.52). AGENDA ITEM NO. PAGE /a.. Lf OFL Page 5 - Public Safety Advisory Commi~sion - February 14,2007 Information/Communications Manager Dennis indicated that normally they would wait for Assistant City Attorney Mann to discuss this item; however, it appears that he could not attend this meeting. He stated this is an overView to discuss arid direct Legal Counsel to incorporate the County and PSAC revisions on the City Graffiti Ordinance. Mr. Louis Davis of Southern California Edison spoke of the possible impact this would have. He indicated that SCE had previously requested a Variance from the City Manager; however, it was denied. He requested that the Ordinance be reviewed again by City Council. Commissioner Norkin stated that the City would continue to take care of the problems. He furthermore indicated that partnership is a good idea. Commissioner Sund asked Mr. Davis how long it normally takes seE. . to remove graffiti. Mr. Davis indicated that they do not have a specific crew to remove the graffiti. He stated that it could take weeks or months. Chairman Hewison suggested the following to be proposed: . Increase punishment for graffiti artists . Increase rewards . Limit sales and punish repeat offenders. . Include Land Use references . Identify hot-spots . Ensure Public Outreach . Get County suggestions . . Continue to work with the utility companies . Address sales tax possibilities . Do not victimize the victim Chairman Hewison asked if there is a City Hotline to report the graffiti. AGENDA ITEM NO. /.a.. PAGE S OF ? Page 6 - Public Safety Advisory Commi~sion - February 14, 2007 Public Works Manager Payne indicated "Yes". Chairman Hewison recommended to staff to have a red-line copy of the amended graffiti ordinance reviewed by Assistant City Attorney Mann. Commissioner Sund suggested that the City needs to work together with the County and the School District. She suggested purchasing more surveillance cameras. MOVED BY NORKIN, SECONDED jJY KNIGHT AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE OVERVIEW OF , AMENDED COUNTY GRAFFITI ORDINANCE 733.1 AND THE IMPACTS ON THE PROPOSED CITY GRAFFITI ORDINANCE (LEMC 9.52). 26. Overview of County Ordinance No. 858 prohibiting Fireworks. Information/Communication Manager Dennis stated that he would like the Commission to direct Legal.Counsel to draft an update to the LEMC Chapter 8.52.010, Fireworksincorporating County Ordinance No. 858. Fire Chief Hendershot stated that the County Ordinance can be confusing. He stated that injuries have gone up since 1996 due to the City's growth. He stated that the. fireworks are transported from Mexico. He noted that they have no regulations and are more dangerous and cause many injuries. Fire Chief Hendershot stated that this area has a huge problem with fireworks and concurred the adoption of the Fireworks Ordinance along with penalties. Commissioner Knight noted that there is only five months until the Fourth of July. MOVED BY NORKIN, SECONDED BY KNIGHT AND CARRIED BY A UNANIMOUS VOTE OF THE OYERVIEW OF THE COUNTY ORDINANCE NO. 858 PROHIBITING FIREWORKS. AGENDA ITEM NO. PAGE Ja- b OFL Page 7 - Public Safety Advisory Commi~sion - February 14, 2007 INFORMATIONAL ITEMS None. SUBCOMMITTEE REPORTS None. CITY STAFF COMMENTS Information/Communications Manager Dennis commented on the following: 1) Introduced the new Fire Chief, Jerry Hendershot. 2) Indicated that the PSAC Commissioner's vacancy should be filled shortly. 3) Commented on the Law Enforcement budget increase. COMMISSIONER COMMENTS Commissioner Norkin commented on the following: 1) Looking forward to getting everything passed. 2) Suggests a Study Session on the Graffiti. 3) Indicated that the curbs in front of the office are not painted red for the fire hydrant. Commissioner Sund commented on the following: 1) She spoke of a new paint spray called "Simply Spray". 2) She is still looking into a citizen's patrol. 3) She congratulated Chairman Hewison for being nominated for the "Citizen of the Year". Vice-Chairman Knight commented on the foll~wing: 1) Indicated that he is now a Great-Grandfather. AGENDA ITEM NO. / a PAGE 7 OFL Page 8 - Public Safety Advisory Commission - February 14,2007 Chairman Hewison commented on the following: 1) Spoke of the mid-year budget. 2) Would like to see a presentation regarding gangs. 3) Recommended that City Council review the PSAC minutes. 4) Indicated that the sidewalk parking is not being reinforced and continues to see parking near the fire hydrants. ADJOURNMENT THE PUBLIC SAFETY ADVISORY COMMISSION MEETING WAS ADJOURNED AT 7:12 P.M. RON HEWISON, CHAIRMAN PUBLIC SAFETY ADVISORY COMMISSION Respectfully submitted, DANA PORCHE', OFFICE SPECIALIST Attest: FREDERICK RAY, CMC, CLERK OF THE BOARD AGENDA ITEM NO. PAGE /a.. g' OF L CITY OF ~ LAKE 5LSiIiORJ: ~ DREAM EXTREME MEMORANDUM TO: FROM: DATE: SUBJECT: PUBLIC SAFETY ADVISORY C9MMISSION MARK DENNIS FEBRUARY 14, 2007 APPOINTMENT OF MR. SHAWN BHUTTA TO PSAC A subcommittee recommendation for appointment to the PSAC was approved by the City Council on February 27, 2007. Council subcommittee members Hickman and Kelly recommended that Mr. Shawn Bhutta be appointed to fill the unexpired term of Commissioner Bill Arnold III, which runs through June 30, 2009. Eight applicants responded to the PSAC Notice of Vacancy. Two additional PSAC commission terms expire on June 30, 2007 (Commissioners Sund and Norkin). The subcommittee recommended that a second applicant finalist, Ms. Dori Dixon, be considered along ~ith potential applicants once the next PSAC application period has been noticed and closed. The new PSAC Commission terms commence on July 1, 2007 through June 30, 2011. The City Council staff report and two finalists' .applications are attached. 07PSAC0314_informational_Bhutta appointment ("1 n ("1 I- CITY OF LAKE E~SINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 27, 2007 SUBJECT: SUB-COMMITTEE ~COMMENDATIONS FOR PUBLIC SAFETY ADVISORY COMMISSION APPOINTMENT BACKGROUND With the resignation of Commissioner WilWim Arnold III last fall, the Public Safety Advisory Commission currently has one vacant seat. It is necessary to appoint a new volunteer Commissioner to fill this unexpired term through June 30, 2009. The City Council accepted the resignation of Commissioner Arnold at a special meeting on November 9,2006. Following a notice of vacancy, the City Council directed a sub-committee to review the Public Safety Advisory Commission applicant's list, interview prospective appointees and provide a recommendation to the City Council. DISCUSSION Following interviews with eight applicants, the sub-committee selected two finalists whom it feels are equally qualified to serve on the Public Safety Advisory Commission: Ms. Doli Dixon.~ /h IlS-9C /U.-y,.L ~ Mr.ShawnBhutta ~ Their applications have been provided for review and discussion. Based on past practice, appointment to the PSAC is contingent on background screening results. AGENDA ITEM NO. .:35" PAGE) OF-3-- RECEIVED /,"",\CITY OF v~. . , l "~ NOV 2 Z 2006 /LAKE {~LSINOR& .. CITY Of LAKE ELSINORE . \ I CITY CLERKS OFFICE 130 SOUTH iV\AIN STREET ~~~ DREAM EXTREME LAKE ELSINORE. CA 92530 951.674.3124 :i APPLICATION & STATEMENT OF O!lALIFICATIONS FOR SERVICE ON THE CITY OF LAKE ELSINORE ;1 PUBLIC SAFETY ADVISORY COMMISSION ,. The City of Lake Elsinore Public Safety Advisory Commission consists of five members who shall not be officials or employees of the city and shall legally reside within the city limits of the City of Lake Elsinore or be the owner of a business ttiat is established and currently licensed inside the city. Iimts (LEMC Section 2.24.029). Members are appointed to four year staggered terms, by the Mayor with theapproJal of a majority of the City Council. PLEASE TYPE OF COMPLETE IN INK (YOU MAY ATTACH A SEPARATE SHEET FOR ADDITIONAL INFORMATION) I . Applicant Information n " [)t){9,...) Last Name M. MI ~~ First Name :: il , Lake Elsinore, California 'I Home Phone :i (-) 4.2-0!:iJ Zip Code Street Address (-) Work Phone Length of residency in Lake Elsinore Lr; yo..s Length ofresidency in Education Highest grade completed t 1?1..u;.L<jY-- (:aMD. Schools attended: .tWy Name () O?-b /,"",\~ame \ _ Vi?A:J0I q~ {}nNbt" f () U..vL-t~ 7~~1]\ m 12-1Vf\ 1,\1 {;8H futooL- Name ~" (bu~L1C:-_ ~IJJ{S) WL2.~~0) fA Address . .-J . City,State,Zip ~--ry:I.'~C~ Address.. 61.... '../. ' City: State, Zip ()~ IY-ly~, fA Address.. ... . City, State, Zip fAJ~ H;:::A0' ~t,. , frf6\A M04 CA. Address . City, State, tip ACENDA ITE!d,NO. 3S PACE:::S OF-3- Y'.DO CITY OF ~ LAIU: 5 Lsi~ CLERKS OFFIGliy OF LAKE ELSINORE ~ 130 SOUTH MAIN STREET , I ~.~ DREAM E;(TREME LAKE ELSINORE. CA 92530 951.674.3124 ~ ~I~~O;:~ ~ n APPLICATION & STATEMENT OF Q!!ALIFlcATIONS FOR SERVICE ON THE CIlY OF LAKE ELSINORE PUBLIC SAFElY ADVISORY COMMISSION The City of Lake Elsinore Public Safety Advisory Commission consists of five members who shall not be officials or employees of the city and sllall legally reside within the city limits of the City of Lake Elsinore or be the owner 'of a bu'siness that is established and currently licensed inside the city Iimts (LEMC Section 2.24,020). Members are appointed to four year staggered terms, by the Mayor with the appro~al of a majority of the City Council. PLEASE TYPE OF COMPLETE IN INK (YOU MAY ATTACH A SEPARATE SHEET FOR ADDITIONAL INFORMATION) (\ Applicant Information _Bhu.H--~ last Name M. MI S \"V.0n First Name , lake Elsinore, Galifornia q.0532 Zip Code Street Address (-) (~ Home Phone Work Phone " length of residency in Lake Elsinore ~ length' of residency in Califor ' Education Addres City, StatEt~ AGENDA ITEM NO.~ PAGE ~ ~ Highest grade completed +>\-1 J Schools attended: Address r Name S(uH LvI \ Name S\--. \J\o..v Name , Address o ":::h..k Address Name (1 (\ (1 Since Lake Elsinore is now considered the fastest growing city in Riverside county, and with the growth of a population safetyconcems jump to the forefront of concern. Safety bas become an even more importallt issue for me personally since becoming a parent. I am concerned not only for my child's safety, but for the safety of all of the children in Lake Elsinore. As an educator in California for the past twelve years, I work with students every day and feel this Would be beneficial for a member of the Public Safety Advisory C(lmm;s.~;on since I will be able to be aware of the young . , people of our community. I can also relate to them and their parents because of my position in LEUSD. I would be able to communicate safety issues and concerns on my campus and beyond. I will be another set of "eyes'; and "ears" for the city. I also think that it is necessary to create some programs that would promote safety for younger children such as stranger danger and ttJ:e necessity and benefits ofwearing a helmet while biking, skateboarding etc. The kids Deed to be educated and there are programs out there that are easily accessible and user friendly. I am sure the school district would be interested in implementing such w-ograms. I also think that promoting neighborhood watch committees and calling trees is important for the safety of the Lake Elsinore residents. Promoting such groups can be accomplished through HONs, PTA type organi7J1tions and local businesses. If I am fortunate enough to become a member of the Public Safety Advisory Commission, I would do what ever I could to promOte such safety programs as well as others that would be bendicial for the residents of Lake Elsinore. My main strength is research, and I will research what works in other C<lmmunities and bring them to Lake Elsinore. I realize that becoming a member of the Public Safety Advisory Commission requires dedication and commitment, and I am willing to do what ever I can to help. ACENDA ITEM NO. PACE ~ o~~ CITY OF ~ LAKE 5LSiNORJ: ~ DREAM E;(rREME MEMOAANDUM TO: FROM: DATE: SUBJECT: PUBLIC SAFETY ADVISORY COMMISSION MARK DENNIS MIY" FEBRUARY 14, 2007 ENFORCEMENT OF BLOCKED.,SIDEWALKS At the February PSAC meeting, Chairman Hewison asked about the enforcement of vehicles parked over the sidewalk, especially in the Canyon Hills area. Code Enforcement provided the information below. .. According to our records, twenty-eight (28) citations for violations of Section 25000 (f) CVC (Parking over the sidewalk) were issued City-wide from 2/1/07-2/28/07. Ten (10) of those citations were issued in the Canyon Hills area. Code Enforcement staff is making special efforts to cover the Canyon Hills, area at this time. As our Code Enforcement Supervisor, Tony Rqmero, mention at the PSAC meeting, Code Enforcement staff proactively enforces these violations throughout the City. Most violations are notic~d in conjunction with street sweeping efforts. 07PSAC0314_informational_driveway enforcement CITY OF ~ LAKE DLSiNOR& V DREAM EfTREME MEMORANDUM TO: FROM: DATE: SUBJECT: PUBLIC SAFETY ADVISORY COMMISSION MARK DENNIS-?n.0 MARCH 14, 2007 'PARK SMART' ENFORCEMENJ" REPORT FOR MARCH, 2007 Included below is a summary of 'Park Smart' ,large vehicle enforcement activity from October 1, 2006-program inception-through March 5,2007. Code Enforcement is keeping track of enforcement issues to bring back to PSAC during the first year evaluation of the large vehicle parking ordinance. Note that the citation trend continues to be heading downward (increased compliance) following initial public notification and continued outreach. lake Elsinore Violation Summary.... generated on 03/06/2007 at 02:19:48 PM Reported On: All Officers Report Range: 02/06/2007 to 03/05/2007 Data Type Reported on: Parking Citations Period Period Period Period 10/01/2006 11/04/2006 12/27/06 2/6/07 Code Section to to to to 11/03/2006 12/26/2006 02/05/07 03/05/07 10.12.130(A) MC PARKING OVERSIZED VEHICLE 2 3 0 3 OVER 25'LONG 10.12.130(8) MC PARKING OVERSIZED VEHICLE 2 0 0 0 OVER 96" WIDE 10.12.130(Cl MC PARKING COMMERCIAL VEHICLE 7 14 3 4 10.12.130(D1 MC DETACHED TRAILER/CAMPER 13 24 12 6 1 0.12.130(El MC RV OVER 20 FT LONG 7 4 2 0 TOTALS 31 45 17 13 07PSAC0314_informational_ParkSmarl slals07PSAC0314_informational_ParkSmarl slals .: Print Version ,. , , Page 1 of2 Marlene Paltza From: Marlene Paltza Sent: Thursday, February 15, 2007 8:14 AM To: Robert Magee; Robert Schiffner; Genie Kelley; Thomas Buckley; Daryl Hickman Subject: Public safety commission endorses county ordinance on graffiti Editions of the North County Times Serving San Diego and Riverside Counties Contact Us <i>({;i)(@e_Qc Sood N<nn BlO1l' AN Modi. Subscribe Calondar Homes Job News Search Web Search Classified Search Advertising Home Delivery Reader Services Traffic Stock, Home News Sports Business Opinion Entertainment Features Columnists Cor Subscribe Previous Issues Letters Obituaries Place An Ad Send Feec Nlinll ~'lu~n'.fI"l~ Last modified Wednesday, February 14, 2007 11:36 PM PST Public safety commission endorses county ordinance on graffiti By; JOSE CARVAJAL - Staff Writer LAKE ELSINORE -- The city should impose an additional sales tax on items thafcould be used by vandals so it can cover the costs of stricter graffiti enforcement, Public Safety Advisory Commission members decided Wednesday. Just how much that additional tax might be wasn't clear. What was clear, as the commission continues to rework the city's graffiti ordinance, was that members are committed to increasing enforcement of the provisions of the law preventing businesses from selling to possible vandals. . The commission voted unanimously to endorse an ordinance recently adopted by the county that will require businesses selling items commonly used by vandals -- such as spray paint, markers and etchers -- to pay a license fee every year that would go toward enforcement. Though the commissioners said they. agreed in principle with the ordinance, commission members said they weren't completely sold on collecting money through a fee. An alternative, they said, would be to charge additional sales tax on specific items. Either way, one commission member said, the panel is committed to keeping businesses fromgiving vandals unrestricted access to graffiti materials and toois. "We like the idea of actually getting to the supplier, the source," Chairman Ron Hewison said. Though Wednesday wasn't the first time the commission discussed the possibility of a sales tax, it was the first time it voted to formally recommend it to the City Council for final approval in the next several months. Enforcement of the city's graffiti ordinance is too lax on businesses, commission members have said. 3/1/2007 .: Print Version :. Page 2 of2 In the commission's proposed ordinance, businesses would be forced to record the names, addresses and driver's license numbers of anybody who buys three or more cans of spray paint. The proposed ordinance also hikes financial penalties for vandals and provides the possibility for their driver's licenses to be suspended.. The proposal would also take away licenses from businesses that violate the city's graffiti laws. In the first public comments given about the ordinance, Louis Davis, a regional manager for Southern California Edison, said that his company was concerned about the new time line the commission's ordinance would set on the removal of graffiti. The proposed ordinance would decrease the time a property owner has to remove graffiti from their property from five to three days and Davis said the company is concerned it would not have enough time to clear graffiti from transformers and other utility facilities. But Hewison said that the city could work with the utility companies serving Lake Elsinore to come up with arrangements that would have the city clean up graffiti on their facilities if the companies provide the paint and training for painting their structures. -- Contact staff writer Jose Carvajal at (951) 676-4315, Ext. 2624, or jcarvajal@californian.com. 3/1/2007 .: Print Version :. Page 1 of 1 Marlene Paltza From: Marlene Paltza Sent: Friday, February 16, 2007 7:48 AM To: Bob Brady; Barbara Leibold; Matt Pressey; Mark Dennis Cc: Susan Reid; Marlene Paliza Subject: Clarification: Commission has not yet voted on graffiti ordinance Editions of the North County Times Serving San Diego and Riverside Counties Contact Us om @@~@.Q( Send ~s ~OQs AN MedIa SubacribG Calendar Homes Job News Search Web Search Classified Search Advertising Home Delivery Reader Services Traffic Slock, Home News Sports Business Opinion Entertainment Features Columnists Cor Subscribe Previous Issues Letters Obituaries Place An Ad Send Feec Last modified Thursday, February 15, 2007 11:09 PM PST Clarification: Commission has not yet voted on graffiti ordinance By: The Californian In an article in Thursday's edition of The Californian, it was reported that the Lake Elsinore Public Safety Advisory Commission endorsed a county ordinance on graffiti and the idea of imposing a sales tax on items that could be used by vandals. For clarification, the commission has not yet voted on a final version of a recommended graffiti ordinance that it plans to forward to the City Council at a future date. . 3/1 /2007 .: Print Version :. Page 1 of 1 Marlene Paltza From: Marlene Paltza Sent: Tuesday, February 20, 2007 9:58 AM To: Robert Magee; Robert Schiffner; Daryl Hickman; Genie Kelley; Thomas Buckley; Bob Brady; Barbara Leibold; Matt Pressey; Mark Dennis Cc: Susan Reid; Marlene Paltza Subject: Correction: Ordinance not approved yet Editions of the North County Times Serving San Diego and Riverside Counties Contact Us News Search Home News Subscribe om ~O(i..(Q)~ Send NoM Blogs AN '''edla Sub&cribo Calendar Home'S 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 Last modified Monday, February 19, 2007 11:27 PM PST Correction: Ordinance not approved yet By: The Californian - An editorial Sunday incorrectly reported that the Lake Elsinore Public Safety Advisory Commission "approved the concept" of a county ordinance on graffiti. The commissioners indicated support for it, but have not yet voted on a final version of a graffiti ordinance that would be forwarded to the City Council. We apologize. 3/1/2007 .: Print Version :. Page 1 of3 Marlene Paltza From: Marlene Paltza Sent: Tuesday, February 20, 2007 9:24 AM To: Robert Magee; Robert Schiffner; Daryl Hickman; Genie Kelley; Thomas Buckley; Bob Brady; Barbara Leibold; Matt Pressey; Mark Dennis Cc: Susan Reid; Mariene Paltza Subject: Emailing: 5_04_372_19_07 editions of the North County Times Serving San Diego and Riverside Counties Contact Us om :~~~_€~~ill~ GO@@.Q~ Send NcWl 810gs AN Media Subscribe Calendar I1ome'S Job News Search Home News Subscribe Web Search Classified Search Advertising Home Delivery Sports Business Opinion Entertainment Previous Issues Letters Obituaries Reader Services Traffic Stock, Features Columnists Cor Place An Ad Send Feec Last modified Monday, February 19, 2007 11:12 PM PST City's decision to hire more police marks a shift in policy By: JOSE CARVAJAL - Staff Writer LAKE ELSINORE -- It wasn't until three years ago that the city was finally able to meet its goal for staffing levels at the Lake Elsinore Police Department of one officer for every 1,000 residents. Last week, the City Council decided to raise that bar. The policy shift came in the form of the council's Feb. 13 decision to hire eight new police officers -- increasing the Police Department's staffing ratio to 1.2 officers for every 1':000 residents. Public safety has been this councii's stated NO.1 priority for years and, as they cast their votes this week, council members said they could not ignore police Chief Louis Fetherolfs request for the additional officers. Fetherolf, who could not be reached for comment, had asked the council to increase the number of personnel at the department to meet the desired staffing ratio of the Riverside County Sheriffs Department, which the city contracts to provide police service and actually hires the officers the city pays for. Fetherolf pointed to the city's steady population climb and to the increased demand on the department because of that growth. Over the last four years, he told the council, calls for service have increased, as have the number of major crimes and traffic collisions. Though calls for service, major crimes and traffic collisions actually have slightly decreased on a per-capita basis over the last several years, according to a comparison of figures provided by the chief to state estimates of the city's population, Fetherolf still asked the council to boost the Police Department to 50 officers. It's now at 42 officers. Citing conversations she's had with scores of residents and several homeowner groups, Councilwoman Genie 3/1 /2007 .: Print Version :. Page 2 oD Kelley said she believes that, despite the decreasing numbers, the city still has issues with crime. And there's a potential out there for it getting worse, she said. "There is a rising problem," said Kelley, who had asked Fetherolf to come up with a proposal for beefing up the Police Department. "We need to tackle that before the crime rate goes up." Kelley also noted that the city could afford to increase the department's staff thanks to an unexpected infiux of cash last year and to the saving up the city has done over the last few years. Timing played a role in the decision as well, she said. Traditionally, the council hires new police officers in June, when it adopts an operating budget for the coming fiscal year. The council's decision came at the midyear budget mark, a time when the council typically makes adjustments. The way Kelley sees things, there really was no reason to wait. "We had the money," she said. "If we go ahead and put it in now, we can get the boots on the streets six months from now." Councilman Thomas Buckley, who abstained from the vote when it came time to adopt the council's budget adjustments, says that the city shouid have waited. He abstained, he said, because he agreed with the rest of the adjustments the council would be making to the budget anej only disagreed with hiring the police officers. It's not that he has a problem with putting more officers on the street, Buckley said. But he believes shifting the city's poi icy on appropriate staffing levels at the police department should have been something the council discussed a little bit more. The idea was first raised during a council study session on midyear budget adjustments last month, a meeting Buckley could not attend because he was presiding as chairman over a meeting of an agency of local governments formed to build a regional animal shelter. The council didn't talk about its policy again until last week when it took up a final list of recommended budget adjustments. Buckley tried to get his colleagues on board with a plan to hire fewer officers so that the council could discuss hiring the officers that wouid increase the staffing ratio during the next round of budget talks. Fellow council members didn't support his proposal. So now, the city should have eight new sworn officers in place as early as August. Buckley says there should have been more discussion in the city about the poiicy shift. "I don't have heartburn about it at all," he said. "But there were some issues with the process. This was a policy change that did not go through the (Public Safety Advisory Commission). This was not a little budget adjustment. This was something that needed to go through the PSAC." . Over Ihe last year, the commission has taken on a larger role in the city's policy-making process when it comes to public safety. One of the topics that needed to be discussed further, Buckley said, was whether the city could, in the long run, afford such a robust Police Department. City finance officials have said the city can handle the additional cost this budget year, but will likely have to make budget cuts in other areas in future years to keep up with the city's new staffing policy. . "It's an appropriate use of funds," Buckley said. "But you do have to look down the road a little bit now that we're flush so that we're not overextending a little." Keiley says she's confident the city can handle the additional o,fficers. Sales tax revenues are on a rise, she said. And if it turns out the city has to decrease the staffing ratio, she said, it wouldn't be the end of the world. 311/2007 .: Print Version :. Page30f3 "If we fall back, we're falling back to one (officer) per thousand residents which has been our standard," she said. -- Contact staff writer Jose Carvajal at (951) 676-4315, Ex!. 2624, or jcarvajal@californian.com. 3/1 /2007 .: Print Version:. Page 1 of2 " Editions of the North County Times Serving San Diego and Riverside Counties Tuesday. February 20. 2007 Contact U, ~ ~7-~-~--7:W ~l..."ill! U)l~{r~!~l O@(@..Qc Send News BJogs AN Modla Subscrib4 Calendar Homes Job News Search Home News Subscribe Web Search Classified Search Advertising. Home Delivery Sports Business Opinion Entertainment Previous Issues Letters Obituaries Reader Services Traffic Stock, Features Columnists Cor Place An Ad Send Feec [ Print Page I Tuesday, February 20, 2007 Last modified Saturday, February 17, 2007 7:42 PM PST Anti-graffiti efforts target wrong people By: The Californian Opinion Staff OUR VIEW: Most of the efforts so far have been misguided efforts to punish the innocent victims and third parties rather than the criminals. The city of Lake Elsinore is debating whether the buyers or sellers of spray-paint, paint pens and other tools favored by graffiti vandals should be the ones to pay an additional tax for graffiti cleanup. . What they're not asking is why either one should. Why should business owners selling legal products that have perfectly legitimate uses be taxed for doing so? Why should a homeowner who wants to spray-paint his lawn furniture or touch something up with a paint pen pay for the destructive lawlessness of some sociopathic teenagers? Lake Elsinore is just following the county's lead; in December, the county passed an ordinance requiring sellers of "graffiti implements" to pay a special fee that would be used to hire people to make sure those businesses are restricting access to such items to adults, and keeping them tn locked areas. County officials asked that the cities do the same, and Lake Elsinore is the first locally to take up the issue. With some minor reservations, the city's Public Safety Advisory Commission approved the concept last week, sending it on to the City Council for final approval. "We like the idea of getting to the supplier, the source," said Lake Elsinore commission Chairman Ron Hewison, making it sound like the businesses that sell spray paint are little more than drug pushers. At least the ordinance would also increase the fines for vandals and set up a procedure for stripping them of their driver's licenses, which at least puts the onus where it belongs., But the commission members also said a better idea might be to collect an additional tax from the buyers of the implements instead of the sellers (as though the buyers wouldn't be the ones ultimately paying the tax, even if it were applied to businesses). Graffiti is a growing scourge in Southwest County, and local governments are to be commended for recognizing the need to eradicate it quickly, which has been shown to limit its spread. But beyond that, most of the efforts so far have been misguided efforts to punish the innocent victims and third parties rather than the criminals. Last year, for instance, Murrieta approved an ordinance requiring property owners to clean up any graffiti within 48 hours or the city would come in and do it, sending the property owner a bill for $80 an hour, plus the material cost. Like every other crime, graffiti is a problem that affects everyone, not just the person who owns the wall or the fence that someone decided was a good palette for his or her "artistic" endeavors. We all pay taxes to fight http://www.nctimes.comlarticles/2007 /02/18/opinionleditorialscaIl19 _ 40_542_17_ 07.prt 2/20/2007 .: Print Version :. Page 2 of2 ~, crime; why should select people ---- especially the victims ---- be unduly saddled with the burden of this crime? When the maller comes before the full Lake Elsinore council ---- and presumably councils in Temecula and Murrieta _m we hope they will ask that question, rather than just try to figure out whose pocket is best picked. http://www.nctimes.comlartic1es/2007 /02/18/opinionleditorialscaVI9 _40_542_17_ 07.prt !L 2/20/2007 State crime statistics show increases in many Inland communities I Riverside I PE.com I S... Page I of2 PE~99~L:II"" .~IT~' ~ "t"~' State crime statistics show increases in many Inland communities Ii!lI!D Dowllload sto1Y-podcast 10:00 PM PST on Thursday, February 22, 2007 By ADAM C. HARTMANN and DAVID RACLIN The Press-Enterprise Preliminary 2006 state crime statistics show mixed results for Inland cities and counties, with some areas seeing a dip in crime while others must cope with significant spikes, particularly in violent offenses. In Riverside County, violent crime in Moreno Valley rose. more than 26 percent. That included a 20 percent rise in aggravated assaults and a 42 percent increase in robberies. Moreno Valley's property crimes rose 16 percent. In San Bernardino County, the city of San Bernardino saw its violent crime rate drop almost 10 percent. San Bernardino police Lt. Ernie Lemos attributed the city's figure to more awareness and better allocation of resources, including a helicopter that debuted in June. "We're putting more cops where the crime is occurring," Lemos said, crediting the helicopter with aiding quicker arrests. "(It's) kind of a sense of comfort when they hear it," Lemos said about wary citizens. The statistics tallied crimes in categories including violent, property and arson from January to September and compared them to final crime figures for the same period in 2005. Only jurisdictions with populations of 100,000 or more were included. The California Department of Justice tracks the statistics. Other Riverside County cities saw crime rise as well. Corona's violent crime increased 8 percent, and Riverside city's increased 3.6 percent, while the unincorporated county area saw its rate dip 3 percent. http://www.pe.com/localnews/publicsafety/stories/PE_N~ws_Local_H_stats23.1 a9d8b4.htrnl 3/8/2007 State crime statistics show increases in many Inland communities I Riverside I PE.com I S...Page 2 of2 Corona's violent crime increase was about twice as high as the average for California cities with at least 100,000 people, while Riverside's increase was just above the average. Fontana's violent crime rate rose more than 30 percent froV12005, though its rates of property crime and theft both dropped, by 18.2 percent and 14.6 percent, respectively. Unincorporated San Bernardino County saw its violent crillle rate rise 10 percent, which sheriff's spokeswoman Jodi Miller said was probably the result of the county's booming population, especially in the High Desert. More residents usually means more crime, Miller said. While troubled by the increase in violent crime, Miller noted the percentage increase was lower than other counties, and said she was glad to see the decrease in property crime and theft rates. Reach Adam C. Hartmann at 909-806-3055 or ahartmann@PE.cQm http://www.pe.comllocalnews/publicsafety/stories/PE_News_Local_H_stats23.1 a9d8b4.htrnl 3/8/2007 .: Print Version :. Page 1 of2 Marlene Paltza Sent: To: From: Marlene Paltza Tuesday, February 27, 2007 9:35 AM Robert Magee; Robert Schiffner; Daryl Hickman; Genie Kelley; Thomas Buckley; Bob Brady; 'Barbara Leibold'; Matt Pressey; Mark Dennis Cc: Susan Reid; Marlene Paliza Subject: Lawmaker Proposes Public Safety Agency Editions of the North County Times Serving San Diego and Riverside Counties Contact Us News Search Home News Subscribe om~ ~ U@." Q e; Send N6ws Slogs AN Modla Subscrioo Calendar Homes Job Web Search Classified Search Advertising Home Delivery Reader Services Traffic Stock, Sports Business Opinion Entertainment Features Columnists Cor Previous Issues Lellers Obituaries Place An Ad Send Feec Last modified Monday, February 26, 2007 9: 31 PM PST Lawmaker proposes public safety agency By: CHRIS BAGLEY - Staff Writer A bill by a local assemblyman could prompt a broad reorganization of California's government, creating a new cabinet-level public safety agency to oversee several existing departments. The author of Assembly Bill 791, Kevin Jeffries, R-Murrieta, said it would allow various arms of the state's public safety apparatus to better coordinate training practices and communicate, including allowing them to access the same databases. That's particularly important in large-scale disasters, such as the Esperanza fire that scorched 63 square miles in northern Riverside County in October, Jeffries said. As it now stands, firefighters miles away from a large blaze may actually see smoke clouds before they receive the necessary orders from the state-level employees who coordinate responses, he said. The bill, introduced Wednesday, included few details other than a tentative list of the departments to be folded into the new agency, including the California Highway Patrol, the Department of Forestry and Fire Protection and the Office of Emergency Services. They currently are supervised by offices as diverse as the Business, Transportation and Housing Agency, in the case of CHP, and the Resources Agency, in the case of the Department of Forestry and Fire Protection. A cabinet-level public safety agency could also oversee officers who work for the 23 campuses in the California State University system and other arms of the state government. The bill isn't expected to reorganize sheriff's departments or other local government agencies. The new agency would be formally created in January 2009, with the various departments coming under its control in January 2011, according to the bill's current language. In an interview Monday, Jeffries said he foresees the bill taking shape over the two-year legislative session that ends in December 2008. 3/1/2007 .: Print Version:. Page 2 of2 Jeffries said it isn't yet clear whether the bill would expand or trim the size of the state's government. "We're hoping eventually for cost savings" from more efficient operations, he added. The bill is among the first to address a large-scale overhaul recommended by the California Performance Review following its commission by Gov. Arnold Schwarzenegger soon after he was voted into office. A report it published in January 2005 estimated that a comprehensive reorganization of the state's government could save $32 billion a year. Jeffries' bill addresses a segment of the broader reorganization. The governor's current budget proposes a combined $4.4 billion for CHP, the state fire department and the Office of Emergency Services, according to the Legislative Analyst's Office. No other legislators have signed on as cosponsors to the bill, which was introduced Wednesday. Jeffries said initiai conversations with leaders of labor unions and other constituencies have made him confident that he'll be able to draw support from other lawmakers, including majority Democrats. Jeffries is a former chairman of the Riverside County Republican Party and a volunteer firefighter. He won election to the 66th Assembly District in November, replacing 14-year legislator Ray Haynes. The district stretches from southern Riverside, through Murrieta and Temecula and takes in rural portions of northern San Diego County. -- Contact staff writer Chris Bagley at (951) 676-4315, Ext. 2615, or cbagley@californian.com. 3/]/2007 .: Print Versiop.:. Page 1 of 1 Editions of the North County Times Serving San Diego and Riverside Counties Monday, March 5, 2007 Contact Us ~OID @OO..QC Send _ Blogl AN M.clla SUbscrtb6 CsIondsr _ Job 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 [:;iIJXi!:!!J)J!gE<ili1~ Monday, March 5, 2007 Last modified Saturday, March 3, 2007 10:28 PM PST Commission member appointed By: The Californian - LAKE ELSINORE --- Shawn Bhutta is the newest member of the Public Safety Advisory Commission. Bhutta, a high school math teacher who has lived in Lake Elsinore for nine years, was unanimously appointed to the commission Tuesday by the City Council. He was one of two finalists for the position. Bhulta will fill the seat left vacant by the resignation of Bill Arnold last year. Bhulta's term will end in June 2009. According to his application. Bhulta has worked as a math teacher at schools in Lake Elsinore, Romoland and Needles. He holds a doctorate degree in math education and administration. http://www.nctirnes.com/artic1esI2007/03/04/news/califomian/lake _ elsinore/31_18 _ 513 _ 3 _m 3/5/2007 .: Print Version:. Page 1 of 1 Editions of the North County Times Serving San Diego and Riverside Counties Thursday, March 8, 2007 Contact Us n 8....QC _ NIiws Blog. AN Madia Subocribe Call1fldar _ Job News Search 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 L;;!i'rin~f,!!!;l~.i.j Thursday, March 8, 2007 Last modified Wednesday, March 7, 2007 8:59 PM PST Home News Subscribe Lake Elsinore city clerk resigns By: JOSE CARVAJAL - Staff Writer LAKE ELSINORE -- Seventeen months after he took the post, City Clerk Frederick Ray has resigned. Ray informed the City Council in a letter Tuesday that he would be stepping down March 16. He did not shed any light as to why he is resigning, but made a brief statement Wednesday. "I decided to go a different route," Ray said in a telephone interview. "I don't want the public to think there's any ,-...... problem with myself and the City Council -- they're a great group to work for. I just decided to go a different r 'route.", City Council members declined to comment about the resignation. It was not clear Wednesday when the council would begin the search for a replacement. Unlike most other city positions, the city clerk is hired directly by the council. The clerk has a wide range of duties, including keeping track of city records, recording and maintaining minutes of city meetings and helping administer local elections. The city attorney and city manager are the only other positions filled directly by the City Council. While Ray won't officially leave his post until next week -- he is using vacation time - he will not resume his duties. City spokesman Mark Dennis said that until the council decides on how it plans to proceed in replacing Ray, Deputy City Clerk Michelle Soto and an office assistant will oversee the office. As late as last month, it appeared the council was pleased with Ray's performance. After conducting his annual performance evaluation, City Attorney Barbara Leibold crafted an amendment to Ray's contract that extended the term of the contract to 2009 and gave him a $15,000 raise. He had been making $55,000 per year since he was hired as city clerk in 2005. But when it came time for the council to vote on the amendment at its meeting on Feb. 13, the council voted to delay the item with no explanation. Ray went on vacation shortly after that and has not returned to City Hall since. -- Contact staff writer Jose Carvajal at (951) 676-4315, Ext. 2624, or jcarvajal@californian.com. n http://www.nctimes.comfarticles/2007/03/08/news/califonranl4_ 04_153_7_ 07.prt 3/812007 From: Robert A, Vermillion [mailto:robertv@linkline.com] Sent: Thursday, February 15, 2007 2:50 PM To: Mark Dennis Subject: Graffti City Manager and Council Ref; Comments to Californian article I agree with Bob's comments. The SOB that turned my neighbor's work trailer and DC-3 aircraft into a billboard along Corydon Sl. should be tracked down and prosecuted under the City's illegal billboard ordinance. The cops know who he is, he put his girlfriend's name in the graffiti! It would cost probably $30,000 to strip & repaint the aircraft. You can't just repaint over on an aircraft without affecting it's weight and balance. Damaging aircraft is a Federal offense. Did the City Manager contact the FBI? Property owners on Corydon St pay an obscene amount of tax money to the City every six months for an assessment called "lighting and landscaping" We have been paying for 15 years and have received not one penny's worth of lighting and landscaping. The City won't even pick up the trash on the City owned property, thrown out by passing cars, we have to do it ourselves. The gali of the City to dictate a time limit on the removal of graffiti by the owner of the property is despicable! If they can't find the culprit, use our landscape tax money!. Robert A. Vermillion 31955 Corydon Sl. Lake Elsinore --'r~---._._--"~.~'-- ._--'---~--~._-, /h; ~A A-1~ <WI' ~f#( /:J~' rJ~r COle "1<0/ "71 t?'~ 7 J - ft.1~ MyTown.pe.com I PE.com I Southern California News I News for Inland Southern Califor... Page I of I .TOWN mytown.pe.com Temecula.PE.COM Murrieta.pE.COM Menifee.PE.COM SunCitV.pE.COM Wildomar.PE.coM Canyon Lake.PE.COM LakeElsinore.pE.COM News City Clerk resigns to pursue different path 09:45 AM PST on Friday, March 9, 2007 Rocky Salmon The Press-Enterprise City Clerk Frederick Ray resigned from his City Council appointed post on Wednesday. Ray said in a letter sent to city officials said he was resigning to pursue a different professional direction. City Council appointed Ray as city clerk on Sept. 27, 2005, after running it on an interim basis. Ray faced scrutiny in November 2005 when three women filed sexual-harassment claims against him. Ray was suspended for two weeks without pay and went to sexual-harassment sensitivity training. Deputy City Clerk Michelle Soto will fill for now the role until City Council comes UD with a Dlan. Ray will be on administrative leave until the resignation goes into effect on March 16. 'Sa/monIiilPE. com Your news Is a source for you to share information about comm'unity events, service organizations, youth sports and local crime. Click here to post your news and tell your friends and neighbors about what's happening In the area. @ 2007 Press-Enterprise Company http://www.pe.com/localnews/southwestarealstories/pe local briefs LE-cityclerk.349be53d... 3/9/2007 - ii - - JI, CITY OF LAKE ELSINORE REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CHAIRMAN AND COMMISSION MEMBERS FROM: DAVID H. MANN, ASSISTANT CITY ATTORNEY DATE: MARCH 14, 2007 SUBJECT: GRAFFITI ORDINANCE L.E.M.C. CHAPTER 9.52 AMENDMENT BACKGROUND This is to review the latest revisions to Chapter 9.52 concerning graffiti and address whether the Commissioners' critical issues have been adequately addressed in the ordinance. DISCUSSION A few minor revisions have been made to the dmft graffiti ordinance to better address the graffiti hotline and graffiti abatement of public utility facilities. The attached ordinance (in redline format) reflects those mitior revisions. (See Attachment A). The Commission has also requested that legal c~unsel briefly address whether the draft ordinance addresses the Commissioners' critical concerns. The concerns along with a cross-reference to the ordinance (in italics) are presented below.. 1. Increase punishment (disincentive). See Section 9.52.110. 2. Increase the reward (incentives). See Section 9.52.090. 3. Limit sales by lax businesses; punish repeat offenders (point of sale requirements on graffiti implements), See Section 9.52.030 and 040. 4. Land use and conditions of approval with new development (e.g., landscaping cover such as vines, use of anti-graffiti coatings). See Section 9.52.080. Agenda Item No. ).. J Page I of /0 5. Graffiti hotspots tracking (implement GPS and GIS database solutions to ID graffiti locations and establish a baseline for evaluating ordinance effectiveness). Not in ordinance; implement by administrative action. 6. Outreach and public education. See Section 9.52.100. 7. County Ordinance: consider applicable portions of 733.1 (Graffiti Prevention) and 733.2 (Graffiti Implement Sales License) See discussion below. 8. Discuss license fees (Riverside County Ordinance 733.1 or alternative taxes as a source of revenue to pay for the City's anti-graffiti programs. Sale tax requires taxpayer approval. See additional information below. 9. Cooperate with utilities (such as utility agreements for City to remove graffiti in exchange for training, supplies, ',waivers). See revisions to Section 9.52.100. lO.Graffiti Hotline (promote to public:and provide staff training so public graffiti reports are promptly given a work-order). See revisions to Section 9.52.090D and 9.52.100. 11.Don't victimize the victim! See Section 9.52.060. C and E. Turning to potential revenue sources, the County of Riverside has turned to a relatively complex license fee program. As for potential funding sources for graffiti enforcement and abatement, the imposition of any revenue system faces hurdles. The County Ordinance imposes a business license fee on certain retailers (which distribute "graffiti implements") regardless of culpability. It also requires a new regulatory layer for businesses in the unincorporated areas. Clearly, the County took this step because of the spread of graffiti coupled with a realization that the County did not have additional resources available for graffiti abatement. More direct revenue mechanisms, such as sales taxes or "excise taxes" on graffiti implements (like those imposed on cigarettes ahd alcohol) affect the end-user - again without regard to culpability. Perhaps the greatest hurdle is the requirement that such taxes first receive voter approval. The Commission's stated concern is to avoid any unreasonable burden to property owners and businesses relating to graffiti abatement. At issue is whether or not the City should absorb the cost of graffiti abatement, as a cost of doing business, versus Agenda Item No. ;). I Page ;:L of J 0 duplicating the County's revenue program (i.e;, license fee), or other cost-recovery programs. In previous discussions, the P~AC has concluded that proactive enforcement is a necessary cost of doing business, given public support for timely graffiti removal. FISCAL IMPACT To be discussed. RECOMMENDATION 1. That the Commission consider and recommend adoption of the draft graffiti ordinance by the City Council; and 2. Request staffto provide periodic reportsregarding graffiti abatement funding, expenditures and City response activities along with updates concerning the County's implementation of the County Ordinance in order to assess the success of the County Ordinance. . Agenda Item No. J I Page '3 of /0 Attachment "A: CHAPTER 9.52 GRAFFITI PREVENTION AND ABATEMENT PROGRAM 9.52.010 Purpose. The purpose of this Chapter is to promot~ 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 busine~s values for surrounding properties, all to the detriment of the City. The City Councilflnds 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 r OF /D Page 2 of? "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: (I) 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 entiW from complying at all times with the requirements of California Penal Code Section 594.I(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 S ~/ OF~ 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 sell 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 fme, imprisonment, or both. 9.52.040 Sale of graffiti implements. A. It shall be unlawful for any person or business to sell, 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 ofthe 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 shall keep a log of the name, address and driver's license number', of any person purchasing three or more aerosol paint containers. 9.52.050 Possession prohibited. A. It shall 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 shall be unlawful for a minor to possess any graffiti implement on any public highway, street, alley, or way, or in any automobile, vehicl~ or other conveyance, or while in any public park, playground or other public facility. C. The forgoing provisions shall 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 heniin, or fails to remove the graffiti within three (3) days after service of a notice to remove the graffiti, the owner shall be subject to the administrative citation process set forth in Chapter 1.20 of the Lake Elsinore Municipal Code. AGENDA ITEM NO. PAGE :21 r; OF /U - Page 4 of? B. The City Council does hereby fmd that graffiti is a public nuisance. 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 a notice to remove graffiti, the affected property shall be subject to 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 ina 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: ""GENOA ITEM NO. PAGE 7 :?-/ OF~ Page 50f7 (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 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 ofa 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.Q90 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 g .?-.-l OF 10 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 reporttothe City Council. A claim shall be awarded only after City Council approval of the City Manager's report. Each claim shall: (\) 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 Manager shall establish.a 'j(raffiti hotline" fo!:ci~i2:eIls~ to ~ut~l!z~e~ tg ~r~p()':l ~ . . . graffiti.. Such graffiti hotline number shall be publicized in appropriate City publications ~. directed at both Citv emplovees and the public. . 1 9.52.100 Community education: coordination with utility providers. Deleted: ,publicize, and maintain Deleted: Graffiti Hotline ~ The City Manager, in coordination with the school district, civic organizations and the public may conduct regular programs to provide community education regarding the 1 Deleted: . prevention of graffiti" available rewards. and the telephone number of the graffiti hotline. ~.., i B. The Citv Manager shall coordinate with local providers of public utilities to expeditiouslv remove graffiti from public utilitv boxes. poles and other phvsical utilitv structures. - ., 9.52.110 Penalties and restitution. A. Any person or business violating any provision of this Chapter, or failing to comply with any of its requirements, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars , ($1,000.00) or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person or business shall be deemed guilty of a separate offense for each and every day of any portion thereof during which any violation of this Chapter is committed, continued, or permitted by such person or business and shall be deemed punishable therefore as provided in this Chapter. B. Notwithstanding the penalties set forth in Section 9.52.1l0(A), any person who defaces property with graffiti implement is guilty of vandalism, pursuant to Section 594 of the California Penal Code, and upon conviction thereof shall be punishable by imprisonment in the state prison or in a county jail for a period not to exceed one (I) year or by a fine of Five Thousand Dollars ($5,000.00), but no more than Fifty Thousand 1'- ~GENDA ITEM NO. PAGE 1 ;;/ OF-LQ. CITY OF LAKE ELSINORE REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CHAIRMAN AND COMMISSION MEMBERS FROM: MARK DENNIS, INFORMATION/COMMUNICATIONS MANAGER DATE: MARCH 14,2007 SUBJECT: FIREWORKS ORDINANCE (LEMq 8.52) WITH FINAL PROPOSED AMENDMENT INCORPORATING COUNTY ORDINANCE NO. 858. BACKGROUND In February, the PSAC directed legal counsel to incorporate Riverside County Ordinance No. 858, Prohibiting Fireworks, into the existing Municipal Code chapter, LEMC 8.52, Fireworks. This revision is included as Attachment "A." Once approved, the ordinance with proposed amendment will be submitted to the City Council for consideration at the regular meeting of March 27, 2007. DISCUSSION Preventing personal injury and damage to property is the desired outcome of a stronger fireworks ordinance and related public outreach program. Adoption of the County Fireworks ordinance No. 858 by local jurisdictions is being endorsed by the Executive Committee of the Western Riverside Council of Governments. .. Approval ofLEMC Chapter 8.52 as amended 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. Consistent fireworks safety enforcement between County and local jurisdictions, as exemplified by this ordinance, will enable the City to be more proactive in educating the public about the dangers of illegal fireworks use. Illegal fireworks possession will have notable consequences as a result of increased enforcement. FISCAL IMPACT Unknown at this time. AGENDA ITEM NO. J :L PAGE I OF...2.. f RECOMMENDATION Direct Legal Counsel to finalize staff report and proposed ordinance amendment, LEMC Chapter 8.52.010, Fireworks, for City Council consideration at the regular meeting of March 27,2007. AGENDA ITEM NO. d-- ~ PAGE .:L OF l Attachment "A" CHAPTER 8.52 FIREWORKS 8.52.010 Statement of purpose and intent. The City Council of the City of Lake Elsinore has determined that the provisions contained in this chapter are necessary for the immediate preservation of the public peace, health, or safety within the incorporated areas of the City of Lake Elsinore. Illegal fireworks are a serious concern in the City for several reasons. First, fireworks are sold to children. According to the U.S. Fire Administration, children under the age of fifteen (15) 'suffered forty-five (45) percent of all injuries from fireworks in 2003. Second, fireworks are often stored without safety precautions in residential neighborhoods. Third, fireworks can be disassembled for the explosive powder they contain to make bombs and other explosive devices. Fourth and finally, fireworks often come from countries where safety regulations for making fireworks are not as stringent as those for fireworks manufactured in the United States. Accordingly, the adoption of this chapter regulating the personal use and sale of illegal fireworks in the City are a necessary to protect the public peace, health and safety of the citizens of the City of Lake Elsinore. 8.52.020 Definitions. Whenever, in this chapter, or in any resolution or standard adopted by the City Council ofthe City of Lake Elsinore pursuant to this chapter, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent from the context thereofthat some other meaning is intended "Agricultural and wildlife fireworks" means fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both. "Dangerous fireworks" has the same meaning ascribed to it under Section 12505 ofthe California Health and Safety Code and includes all of the following: 1. Any fireworks which contain any of the following: a. Arsenic sulfide, arsenates, or arsenites, b. Boron, c. Chlorates, except: i. In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included, ii. In caps and party poppers, iii. In those small items (such as ground spinners) wherein the total powder content does not exceed four grams of which not greater than fifteen (15) percent (or six hundred (600) milligrams) is potassium, sodium, or barium chlorate, 1 AGENDA ITEM NO. l:t PAGE. ] OF l d. Gallates or gallic acid, e. Magnesium (magnesium-aluminum alloys, called magnalium, are permitted), f. Mercury salts, g. Phosphorus (red or white except that red phosphorus is permissible in caps and party poppers), h. Picrates or picric acid, i. Thiocyanates, j. Titanium, except in particle size greater than 100-mesh, k. Zirconium; 2. Firecrackers; 3. Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge; 4. Roman candles, including all devices which discharge balls offire into the air; 5. Chasers, including all devices which dart or travel about the surface of the ground during discharge; 6. Sparklers more than ten (10) inches in length or one-fourth of one inch in diameter; 7. All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto- foolers, cigarette loads, exploding golf balls, and trick matches; 8. Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this chapter; 9. Torpedoes of all kinds which explode on impact; 10. Fireworks kits; 11. Such other fireworks examined and tested by the State Fire Marshal and determined by him or her, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks. "Exempt fireworks" has the same meaning ascribed to it under Section 12508 of the California Health and Safety Code and means any special item containing pyrotechnic compositions which the State Fire Marshall, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction. "Fire chief' or "chief' means the fire chief of the City of Lake Elsinore or his or her authorized representatives. . ITEM NO .::< J. AGENDA . PAGE..::t-OF .:l. 2 "Fireworks" has the same meaning ascribed to it under Section 12511 of the California Health and Safety Code and means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, model rockets, rockets, Daygo bombs, sparklers, chasers, fountains, smoke sparks, aerial bombs and fireworks kits. "Fireworks kits" has the same meaning ascribed to it jIIlder Section 12512 ofthe California Health and Safety Code and means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of "fireworks." "Public display of fireworks" means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks. "Pyrotechnic operator" means any licensed pyrotechnic operator who, by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted. "Pyrotechnic special effects material" means a low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment production for which a permit from the chief is required for use or storage. "Safe and sane fireworks" has the same meaning ascribed to it under Section 12529 of the California Health and Safety Code and means any fireworks which do not come within the definition of "dangerous fireworks" or "exempt firewbrks." "Sheriff' means the acting Police Chief for the City of Lake Elsinore, or his or her authorized representatives. 8.52.030 Prohibition. A. General. No person shall have in his or her 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 and Safety Code, the Uniform Fire Code and this chapter. Any property owner or person 'in control of property who allows a person to sell, use, discharge or possess fireworks on the property owned by such person or under such person's control shall be in violation of this section, irrespective of such person's intent, knowledge or negligence, said violation hereby being expressly declared a strict liability offense. 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 made to the fire AGENDA ITEM NO. :2 J... PAGE :s- OF ~ 3 .. chief and the sheriff. A permit shall be granted only to a State Fire Marshall licensed pyrotechnic operator. 8.52.040 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 fourteen (14) days prior to the scheduled date of the display. The permit application shall include a diagram ofthe grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location 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, the fire chief shall be consulted regarding the requirements for standby fire apparatus. B. Under Supervision of Pyrotechnic Operator. Public display of fireworks operations shall be under the direct supervision of a pyrotechnic operator. The pyrotechnic operator shall be responsible for all aspects of a display related to pyrotechnics. C. Bond Required. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire chief and the sheriff for the payment of damages which could be caused either to a person or persons or to prqperty by reason of the permitted display and arising from acts of the permittee, agents, employees or subcontractors. 8.52.050 Exception. Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illuminiition, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations. 8.52.060 Seizure and disposal. A. It shall be the duty of the fire chief and his or her authorized representatives and the sheriff and his or her authorized representatives to enforce the provisions ofthis chapter. B. The fire chief and his or her authorized representatives and the sheriff and his or her authorized representatives shall have the authority to seize, take, and remove any fireworks, dangerous fireworks, and safe and sane fireworks. The fire chief and his or her authorized representative and the sheriff and his or her authorized representative may charge any person whose fireworks are seized pursuant to this section, a,reasonable amount which is sufficient to cover the cost oftransporting, storing, handling, and disposing of the seized fireworks. C. The additional remedies and procedures for violations of this chapter and for recovery of costs related to enforcement provided for in Lake Elsinore Municipal Code are incorporated in this chapter by reference. 8.52.070 Penalties. A. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than five hundred dollars ($500.00) nor more than 4 AGENDA ITEM NO. PAGE :;)).. ~ OF:L one thousand dollars ($1,000.00), or by imprisonment in the county jail for not exceeding one year, or by both such fine and imprisonment. B. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fme of one thousand dollars ($1,000.00) 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 she conunits, continues, or permits a violation ofthis chapter. D. Nothing in this chapter shall be intended to limit any ofthe penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, and/or transportation of dangerous fireworks. E. In addition to the above penalties, an administrative citation may be issued in accordance with Chapter 1.20 of the Lake Elsinore Municipal Code. Violations of this Chapter are subject to a fine of one thousand dollars ($1,000.00). 5 AGENDA ITEM NO. ;).::2.. PAGE I OFl CITY OF A LAKr DLSiNORf: , , ~ DREAM E;(TREME PUBLIC SAFETY ADVISORY COMMISSION RON HEWISON, CHAIRMAN RAY KNIGHT, VICE-CHAIRMAN VALERIE SUND MIKE NORKIN SHAWN BHUTTA TO FROM DATE SUBJECT LAKE ELSINORE CITY COUNCIL RON HEWISON, CHAIRMAN MARCH 14, 2006 PUBLIC SAFETY ADVISORY COMMISSION 2006 ANNUAL REPORT The Public Safety Advisory Commission is pleased to present this summary of activities and actions for calendar year 2006. This report covers the third year of thePSAC since adoption of Ordinance 1116 by the City Council on March 9, 2004, which reestablished the Commission. At the start of 2006, the standing members of the PSAC and effective terms were: Ron Hewison, Chairman .................................... July 1, 2004 to July 1, 2006 Ray Knight, Vice Chairman................................ July 1, 2004 to July 1, 2006 William J. Arnold, III........................................... Oct. 13, 2004 to July 1, 2006. Valerie Sund ......................................................... July 1, 2005 to July 1, 2007 Axel Zanelli..................,..............~................,........ July 1, 2005 to July 1, 2007 . Appointed to complete the unexpired term of Commissioner Raymond Moon The PSAC was reorganized in July. The new officers were ,Ron Hewison, Chairman and Ray Knight, Vice Chairman. Mr. Mike Norkin was appointed by the City Council to fill the unexpired term of Commissioner Zanelli, who resigned in June to accept a position on the Planning Commission. To help make the PSAC operate more effectively, the PSAC suggested restructuring City Council Policy 200-5A to fit more consistently with the Planning Commission terms of office (Le., four years), and to improve the protocol for meetings, reorganization of officers, and Council/pSAC interaction. The City met in March, 2006 and subsequently approved a change in Commission terms from two to four years. This resulted in new terms for three of the five Commissioners to preserve a staggered term order: Ron Hewison, Chairman .................................... June, 30, 2006 to July 1, 2009 Ray Knight, Vice Chairman................................ June 30, 2006 to July 1, 2009 " William J. Arnold, IlL......................................... June 30, 2006 to July 1, 2009 130 SOUTH MAIN STREET, LAKE ELSINORE, CA 92530 PH: 951.674.3124 www.LAKIj.t~itlnfOSAC PAGE I ~3 'OF .;;1.1. PUBLIC SAFETY ADVISORY COMMISSION CllY OF LAKE ELSINORE MARCH 14, 2007 PAGE 2 OF 3 The final change in PSAC composition occurred in November, with the resignation of Commissioner William Arnold III. (The unexpired term remained unfilled until the February 27, 2007 City Council meeting and appointment of Mr. Shawn Bhutta.) Section 2.46 of the Lake Elsinore Municipal Code lists the duties of the Public Safety Advisory Commission. Under Section A the PSAC serves to: Establish a conduit of information from residents and business...using public meetings, the City's Web site, print information and community outreach. During 2006, the Commission made oral presentations to the City Council, held five public study sessions and ten regular meetings in keeping with its mission as the City's "eyes and ears" for public input on ways to improve public safety within the City. To this end, the PSAC develops annual goals and objectives for approval by the City Council. Current goals for 2006-07, adopted in November, are shown on Attachment A. Public safety on the Lake and shoreline perimeter was a P?AC priority in 2006 and implementing safety objectives recommended in the 2005 Recreational Aquatic Safety Assessment was actively monitored by the Commission. Most notably, 2006 marked the implementation of a new safety signage program around the lake. Attachment B illustrates the new safety sign program, which will aid emergency responders in pinpointing where to go during ,both on shore and off shore emergencies. In addition to safety signs, by working closely with the Dhector of Lake and Aquatic Resources, Pat Kilroy, new safety literature was created in English and Spanish to promote lake rules and the "big five" safety messages. The annual lake pass, quarterly recreation brochure and collateral material handed out at all public boat launch facilities were significantly revised to emphasize lake safety, as shown in Attachment C. Assisting the City with its Emergency Preparedness planning and disaster preparedness outreach is also a stated goal of the PSAC. The PSAC held a study session with City staff to review the updated Emergency Preparedness Plan, which was subsequently approved by the City Council (L.E.M.C. Chapter 2..20, Disaster Relief). Efforts to train City staff on emergency preparedness procedures and increase the frequency of Emergency Operations Center (EOC) practice exercises were notable accomplishments in 2006. The Public Works Manager, Bill Payne, has spearheaded the City's emergency preparedness planning and was commended by the PSAC for boosting the City's readiness and compliance with mandated state and federal emergency preparedness requirements. The PSAC formulated recommendations to toughen City ordinances and increase enforcement in three areas: use of police at large parties or related non-permitted gatherings (L.E.M.C 9.42), large vehicle parking restrictions in City neighborhoods (L.E.M.C. 10.40), and combating graffiti and vandalism (L.E.M.C 9.52). 07Annual Repart]SAC_0314 AGENDA ITEM NO. ::<. '3 PAGJ: .:L OF ~ ,:.. PUBLIC SAFETY ADVISORY COMMISSION Cl1Y OF LAKE ELSINORE MARCH 14, 2007 PAGE 3 OF 3 Amending the City's large parties ordinance to deter incidents requiring multiple police calls was a PSAC priority following a shooting incident in 2005 when a neighborhood party got out of control. The new ordinance creates a tiered penalty if police callouts are necessary following an initial warning, and makes the property owner liable for fines and the cost of additional police services. A second priority was reducing the incidents of large vehicles parked in residential neighborhoods for prolonged periods. Dubbed the "Park Smart Program," adoption of this PSAC recommendation has been very successful in reducing the number of trucks, trailers and RVs parked illegally. Since the program inception in October of 2006, the number of violarons has already begun to taper off. A first class public notification brochure about the Park Smart program is included as Attachment D. The third PSAC priority was formulating a comprehensive solution to combat the City's graffiti and vandalism problems. At the end of 2006, an amendment to the Graffiti Ordinance was taking shape, when a new County Graffiti Ordinance (733.2) required re~ssessment of their different approaches. The PSAC expected to introduce a final Graffiti and anti-vandalism recommendation in the winter of 2006, but did not hold a regular meeting in December to accommodate a joint Commission study session. When complete in 2007, the new graffiti ordinance and pr()gram objectives will address increased enforcement, penalties, rewards, point of sale compliance for locking up graffiti implements (e.g., spray-paint), utility side agreements and private property waivers, a pilot surveillance program, GIS database tracking of graffiti incidents and proactive public education. The bottom line is to reduce graffiti incidents and increase apprehension and prosecution of the culprits. In December, the PSAC and Planning Commission held a joint study session to review the Lakeshore Overlay District ordinance. A subcommittee comprised of Commissioners Norkin, Knight, Zanelli and Flores will meet in 2007 to study boat dock standards, fence standards and shoreline buffer zones in order to develop safety and zoning recommendations for their respective commissions. The ultimate goal is to enable the City Council to revise existing lake zoring, building and safety codes to be compatible with objectives of the General Plan Update. A statistical summary of the PSAC meeting actions in 2006 is included as attachment E. In conclusion, the PSAC enjoyed a successful third year and is on track in accomplishing its goals for 2006-07. The PSAC members wish to thank the City Council for their support and public service. AGENDA ITEM NO. d '3 PAGE '3> OF ;;Z"~,,,,, 07AnnuaIReport_PSAC_03I4 N ... o ... CII III III II. III CO 0 Q 0 Q N '" .. CII .a E CII II CII g - 0 .. 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C lU ., 0 <( (J) C- oo oo " e .~ :.e rotiu " .- ~5t ""ell":; 1;j"o " E = .. ... ~uu ~-< :::>OeIl ...~ ~~ '" e~ .. 0 Cl 0 z '" o ;3 '" '" .s ~ '" Co .2 '" o '" ~ < '" '6' ~ :I: l1. 0: ~ :5 ~ E ~ "iii o Cl ~ ~.y o w z CJ :::;; <C w t1. t: <C Q Z W CJ <C CD o o N o C'l Gl C ::I .., o .. III o o N .. III ::I 01 ::I 1 Gl > ~ Gl ,- .a o 'l:I c ra III ii o l:) c o 'iij III 'E E o u ~ o III '; ~ ~ .2! ra UI ,!! :ii ::I A. Attachment "B" 1"emeSC<lI"; '.ash ", " . ~ ~ ~ '" ):{ Grand Ave. , ZONE LOCATION ACTIVITY ZONE LOCA nON ACTIVITY ~ Lake Department Headquarters [RS?] Elsinore West Marina IlIlmg~ 500 W. Lakeshoro Drive 32700 Riverside Drive IillI " (951) 674.7730 [LSI) Seaport Boat Launch III [9SI) CrancLakcsidc Park & Resort IlIlmg~ 500 W. Lakeshore Drive 15980 Grand Ave. 1illI~ II--s21 Elm Grove Beach =:110m [GS21 Weekend Paradise IlIlmlJ~ Lindsay St, at Lakcshore Drive ~6006 Grand Ave. 1illI~ ILS3j Lowell Street Fishing Beach J!III!J [G~?I Playland RV Park IlIlmllJ!III!J At Lakeshore Drive 16730 Grand Ave. 1illI~ [LS4] Davis Street Fishing Beach ~ IG~~] Perret Park At Lakeshore Drive 32938 Perret Blvd. [tssj Whiskers Fishing Beach ~ [Q~SI Lakeland Marine (Boat Repair) 1m Townsend St. at Lakeshore Dr. 18010 Grand Ave. IRSIj Lake Park Motel & RV IillI [s~Il Levee System entrance at IIImIJ= 32000 Riverside Drive Pete Lehr Dr & Diamond Circle [RS21 LERA Calnpgrowld i!l1m~ ISS21 Levee System enl'rance at IIImglm 32040 Riverside Drive m~ Pel'e Lehr Dr. & Diamond Circle [RS31 The Outhouse 1lI=:IJ!III!J [SS31 Levee System entrance al' IIImgd 32310 Riverside Drivc 1illI~ Petc Lchr Dr. & Diamond Circle ~ i~ IkS4] Roadrunner RV Park IlI=IJID. ~ Levee System entrance at 111m 32500 Riverside Drive Pete Lehr Dr.& Diamond Circle AGENDA ITEM NO. 23 PAGE (0 OFli II o ._ ~ .,; ~ ~ :g a~~5.c i6 8 ]2~E-o E <( Mffi].g~ ~ x .8 'ill i6 -g 'f ~ ~ o~::.~8. z;-6 >- 'i"oE'" ~ 0 1LI'l;i ti:i ~C~lLI'Q."U 0 go.. ... ~~~~:B :Cu-~]tifi5i c(U')..c~~.~"'C ...:68'51(;''":'1 a:s!_.E.'e!..,;:JQ.I- >-cO UoI .......r::: Cl E IU -==' 0:;; "" :s U Qj ~ ~ ~Qj'!:'?:~5~E~..c~~6 :s :O-56o~~B:02l5~Eg ~.goz]~~:1'~o~o/' ~ 16:o;:,,3:]~.~z.g~ IS ~ f5~f53!:~1;j!:l:O~o~,.g " 6." z Qj c: Z ~ I=..c ~::t: 0... ~ o~~ g-~:i;ga~J'~ O-oO~ a.~~-5u a..s~ ~~ '" . ~!i .E ~~o ~ .,;~~~ ~ i ~k~ ~ ~ ~IU~ 0 ~~~~-5 E;:J ~ ~o16 x '" ..r:::~ ..c..r:::~ ~ ~a.~~E .g ~~ ..... ~~~ Qj ~ ljl;:J ill ~ ~~IU~O "U ~~ ~ .....::Jo j ..c ;:J~ ~~.~ 1LI ~-1;j~~ 1LI .~C 5 g~~ ~ ~ *~1~~~ 5 '!~5~i -5 60 ~ Qj~l: ~ ~ -58"'CQ.lo~ ~j!~~i~ ~ Qj~ c: .~~i e ~ Qj .~~~~ 31;j~JQj~~ ~~ ~]~~~ a. 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