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HomeMy WebLinkAboutFull PSAC Agenda Packet - Jan 21 2015Public Safety Advisory Commission City of Lake Elsinore Regular Agenda LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 JAY STEWART, CHAIRPERSON STEPHEN GREGORY, VICE-CHAIR CHRIS HYLAND, COMMISSIONER MYLES ROSS, COMMISSIONER VALERIE SUND, COMMISSIONER NICOLE DAILEY, MANAGEMENT ANALYST Cultural Center6:00 PMWednesday, January 21, 2015 The City of Lake Elsinore appreciates your attendance. Public participation provides the Public Safety Advisory Commission with valuable information regarding issues of the community. Regular meetings are held on the 3rd Wednesday of every month. If you are attending this Public Safety Advisory Commission Meeting, please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on Historic Main Street. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at the City Clerk’s Office on the Friday prior to the Commission meeting and are available on the City’s web site at www.lake-elsinore.org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the Public Safety Advisory Commission. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Manager's Office at (951) 674-3124, ext. 204 at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS Traffic Engineering Basics PUBLIC COMMENTS – NON AGENDIZED ITEMS – 3 MINUTES Page 1 City of Lake Elsinore Printed on 1/16/2015 January 21, 2015Public Safety Advisory Commission Regular Agenda CONSENT CALENDAR ITEM(S) 1)ID# 14-415 Approval of Minutes from December 17, 2014 Recommendation:Approve the Minutes as submitted. Staff Report - Approval of Minutes from Dec Minutes from Dec 17 2014 Attachments: 2)ID# 14-416 Financial Report as of January 2015 Recommendation:Receive and file. Staff Report - Financial Report as of Jan. 2015Attachments: 3)ID# 14-419 Approve Quarterly Report to City Council Recommendation:It is recommended the Commission review and approve the proposed quarterly report to be submitted to the City Council. Staff Report - Quarterly Report October thru December Memo - Quarterly Report to City Council Oct - Dec 2014 Attachments: BUSINESS ITEM(S) 4)ID# 14-417 Introduction of Ordinance No 2015-________ amending the Lake Elsinore Municipal Code to allow for more effective code enforcement and cost recovery procedures Recommendation:Staff recommends that the Public Safety Advisory Commission (PSAC) accept a presentation from staff, consider the attached ordinance, provide comments, and recommend that staff forward the item to the City Council for consideration at a public hearing on February 10, 2015. Staff Report - Nuisance Abatement Ordinance Revisions Nuisance Abatement Ordinance Attachments: 5)ID# 14-418 Discussion to amend provisions of the Lake Elsinore Municipal Code (LEMC) regulating overnight camping Recommendation:Staff recommends that the Public Safety Advisory Commission consider existing Lake Elsinore Municipal Code (LEMC) provisions, reasonable property rights, potential negative impacts, reasonable number of days and durations for overnight camping permits, and provide recommendations. Staff Report - Overnight Camping Ordinance Overnight Camping Ordinance and Application Permit Attachments: SUBCOMMITTEE REPORTS STAFF COMMENTS Page 2 City of Lake Elsinore Printed on 1/16/2015 January 21, 2015Public Safety Advisory Commission Regular Agenda COMMISSIONERS' COMMENTS ADJOURNMENT The Lake Elsinore Public Safety Advisory Commission will adjourn this meeting to the next regularly scheduled meeting of Wednesday, February 18, 2014. The public meeting will be held at 6:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. AFFIDAVIT OF POSTING I, Nicole Dailey, Public Safety Advisory Commission Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall 72 hours in advance of this meeting. ________________________ Nicole Dailey PSAC Clerk Page 3 City of Lake Elsinore Printed on 1/16/2015 Agenda Item No. 1 REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PUBLIC SAFETY ADVISORY COMMISSION FROM: NICOLE DAILEY, MANAGEMENT ANALYST DATE: January 21, 2015 SUBJECT: Approval of Minutes from December 17, 2014 RECOMMENDATION Approve the Minutes as submitted. DISCUSSION The following Public Safety Advisory Commission Minutes are submitted for approval: 1. Regular Meeting Minutes of December 17, 2014 LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 City of Lake Elsinore Meeting Minutes Public Safety Advisory Commission JAY STEWART, CHAIRPERSON STEPHEN GREGORY, VICE-CHAIR CHRIS HYLAND, COMMISSIONER MYLES ROSS, COMMISSIONER VALERIE SUND, COMMISSIONER NICOLE DAILEY, MANAGEMENT ANALYST 6:00 PM Cultural CenterWednesday, December 17, 2014 CALL TO ORDER Chairman Stewart called the meeting to order at 6:01 p.m. PLEDGE OF ALLEGIANCE PSAC Clerk Nicole Dailey led the Pledge of Allegiance. ROLL CALL PRESENT: Chairman Stewart, Vice Chairman Gregory, Commissioner Hyland, Commissioner Ross, and Commissioner Sund. Also Present: PSAC Clerk Nicole Dailey, City Engineer Walter Allison, Lt. Scott Maden, CSO Roxann Baca and Police Chief Lennie Hollingsworth. PRESENTATIONS Lake Elsinore Unified School District Attendance Boundary Update Mark Dennis, Lake Elsinore Unified School District Representative, introduced the District's proposed school attendance boundaries. He explained that the proposed boundaries were determined following an intensive year-long review by an ad-hoc stakeholders group known as the Attendance Boundary Committee. The group considered various factors in the creation of the new boundaries with the intent of creating more neighborhood, community schools that could sustain future growth and maximize school capacity. He explained that the District is currently reaching out to the community for input regarding the boundary realignment proposal and is expected to be presented to the School Board in March. Page 1City of Lake Elsinore December 17, 2014Public Safety Advisory Commission Meeting Minutes Crime Free Multi-Housing Program CSO Roxann Baca from the Lake Elsinore Police Department presented information about the Crime-Free Multi-Housing Program. She stated that the program has been in effect since January 2013 to reduce crime in rental properties and strengthen the relationships between rental property owners and the police. It involves three phases. In phase one, owners are to attend an eight hour training program. The second phase is a site inspection, where police officers will tour the rental property with managers and maintenance workers to suggest certain changes in landscape, and security measures. In the last phase, owners are encouraged to administer flyers to all of their residents informing them of this great program that is being utilized. Neighborhood Watch Program Overview Jim Brown, Neighborhood Watch Volunteer Director, presented information about the Neighborhood Watch Program and their responsibilities. The goal is to build community relationships and reduce crime in neighborhoods. He explained how the organization is made up of planning committees, block captains, coordinators, and watch members. He also shared the number of local teams, how to get involved and the importance of this program to our community and neighborhoods. PUBLIC COMMENTS – NON AGENDIZED ITEMS – 3 MINUTES Tim Fleming, resident of Lake Elsinore, gave an update on progress regarding lakeshore camping standards. He suggested that the City revise its ordinance to explicitly prohibit camping on the Lake's edge. He also informed the Commission of people driving off-road trucks recklessly after the rains on vacant land throughout the City including at Lakeshore Drive and Chaney Avenue. He recommended the City review the existing off-road ordinance, section 10.36 of the municipal code, and consider harsher penalties and/or consequences. CONSENT CALENDAR ITEM(S) Commissioner Ross made a motion and Vice Chairman Gregory seconded to approve Consent Calendar Items numbers 1, 2, and 3 The motion passed unanimously by the following vote: AYES: Chairman Stewart, Vice Chairman Gregory, Commissioner Hyland, Commissioner Ross, and Commissioner Sund. NOES: None ABSENT: None ABSTAIN: None ID# 14-3941)Approval of Minutes from November 19, 2014 Staff Report - Approval of Minutes from Nov. 19 PSAC Minutes from November 19, 2014 Attachments: ID# 14-3952)Financial Report as of December 2014 Staff Report - Financial Report as of Dec. 2014Attachments: Page 2City of Lake Elsinore December 17, 2014Public Safety Advisory Commission Meeting Minutes ID# 14-3963)Monthly Police and Fire Report Staff Report - Monthly Police and Fire Report 12-17 Police & Fire Monthly Report Attachments: BUSINESS ITEM(S) ID# 14-3974)Proposed Truck Route Ordinance Changes, New Main Street Truck Route Signs and Informational Materials Staff Report - Truck Route Ordinance & Main Street Signage Exhibit A - City Truck Routes Exhibit B - Proposed Signage for Main Street Exhibit C - Chapter 10.24 Truck Route Ordinance - Proposed Changes Exhibit D - 1992-26 Truck Routes Resolution - LE Exhibit E - Informational Materials Truck Route Map Attachments: PSAC Clerk Dailey introduced the item to the Commission. She gave a brief history of the truck route ordinance and the minor proposed changes including increasing the maximum load. Also, she reviewed the outreach flyer that will be given to business owners on Main Street explaining the ordinance restrictions and the importance of preserving Main Street. She highlighted that due to the limited number of changes in the ordinance that staff would likely bundle this with other ordinances requiring minor changes prior to taking it to the City Council. As a result, she clarified that there would be a delay in posting the new signs, but the informational materials would be distributed as soon as a translation was completed. Vice Chairman Gregory made a motion to approve . Commissioner Hyland seconded. The motion carried unanimously by the following vote: AYES: Chairman Stewart, Vice Chairman Gregory, Commissioner Hyland, Commissioner Ross, and Commissioner Sund. NOES: None ABSENT: None ABSTAIN: None SUBCOMMITTEE REPORTS STAFF COMMENTS PSAC Clerk Dailey gave information about the AFV Regional Coordinated Marketing Program being administered throughout the surrounding cities including Lake Elsinore. She advised everyone to shop local for the holidays, and informed anyone that would like to exercise and help break a world record for charity to join Breaking Records for Charities on January 17th at Storm Stadium. Page 3City of Lake Elsinore December 17, 2014Public Safety Advisory Commission Meeting Minutes COMMISSIONERS' COMMENTS Commissioner Sund thanked all the presenters. Commissioner Ross thanked PSAC Clerk Dailey for her efforts, and all those who participated at the meeting. Vice Chairman Gregory thanked CSO Baca for the presentation. He also stated his concerns about the addition of a signal at Macy Street and Grand Avenue. Commissioner Hyland thanked those who made presentations and wished everyone a Merry Christmas. Chairman Stewart shared that he was informed the light at Macy Street could not be fixed due to money constraints. Also, he thanked everyone for attending and participating in the meeting. ADJOURNMENT There being no further business to come before the Commission, Chairman Stewart adjourned the regular meeting at 7:59 p.m. to the next regular meeting to be held at 6:00 p.m. on Wednesday, January 21, 2015 at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. ____________________________________ D. Jay Stewart, Chairman Attest: ____________________________________ Nicole Dailey, PSAC Clerk Page 4City of Lake Elsinore Agenda Item No. 2 REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PUBLIC SAFETY ADVISORY COMMISSION FROM: NICOLE DAILEY, MANAGEMENT ANALYST DATE: January 21, 2015 SUBJECT: Financial Report as of January 2015 RECOMMENDATION Receive and file. DISCUSSION Below is a breakdown of the Public Safety Advisory Commission budget for F iscal Year 2014-2015. The total budget for this Fiscal Year is $4,500. Accounts Available Funds Advertising $ 700.00 Community Promotion $ 700.00 Postage & Freight $ 600.00 Rent Of Property & Equip. $ 200.00 Profess.-Tech.& Other Svcs. $ 480.00 Travel & Meeting Expense $ 750.00 Training & Education $ 500.00 Office Supply $ 300.00 Budget Total: $ 4,230.00 Agenda Item No. 3 REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PUBLIC SAFETY ADVISORY COMMISSION FROM: NICOLE DAILEY, MANAGEMENT ANALYST DATE: January 21, 2015 SUBJECT: Approve Quarterly Report to City Council RECOMMENDATION It is recommended the Commission review and approve the proposed quarterly report to be submitted to the City Council. DISCUSSION According to section 2.46.060 (G) of Ordinance No. 2013-1317, the Public Safety Advisory Commission is to provide a written report to the City Manager’s office on a quarterly basis to be forwarded to the City Council for review. Attached is a draft report prepared by City Staff in coordination with the Commission’s Quarterly Commission Reports subcommittee. The report covers the Commission’s activities and actions from October 2014 through December 2014. In addition, the report includes upcoming issues or projects the Commission will assist with in the coming months. FISCAL IMPACT None TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: NICOLE DAILEY, MANAGEMENT ANALYST DATE: January 21, 2015 SUBJECT: Public Safety Advisory Commission Quarterly Report The Public Safety Advisory Commission is pleased to present this summary of activities and actions for this quarter. This report covers the months of October, November and December 2014. The meeting of October 2014 was canceled. Listed below are the current members of this Commission: Jay Stewart, Chairperson Stephen Gregory, Vice-Chairman Chris Hyland, Commissioner Myles Ross, Commissioner Valerie Sund, Commissioner The Commission has held seven regular meetings since March 2014. Two meetings were canceled in July and October. These meetings involved several key aspects regarding the safety of the City. Listed below are the presentations, future priorities, and actions taken during the November and December meeting. PRESENTATIONS:  Lake Elsinore Police Department Motorized Office Unit  Lake Elsinore Unified School District Attendance Boundary Update  Crime Free Multi-Housing Program  Neighborhood Watch Program Review ACTIONS TAKEN:  Proposed Truck Route Ordinance Changes, New Main Street Truck Route Signs and Informational Materials. The last two meetings of 2014 were used to review, more closely, proposed ordinance changes to Chapter 10.24 of the Lake Elsinore Municipal Code regarding Truck Routes. Minor updates were made to the ordinance including increasing the maximum gross weight restrictions from three (3) to five (5) tons to accommodate the increasing size 2 and weight of vehicles. In addition, the Commission approved upgrading the existing “No Trucks Over 3 Tons” signs at either approach on Main Street with a larger, revised sign including the ordinance number. Finally, the Commission approved a proposed flyer for distribution to downtown businesses to emphasize the importance of honoring the truck route and to encourage their suppliers to help preserve Historic Main Street and other local road improvements. Due to the limited number of changes to the ordinance, it will likely be presented to the City Council at a later date with other ordinances requiring minor clean up. In the interim, staff will be distributing the flyer to the businesses. UPCOMING PRIORITIES:  Provide comments and recommendations regarding proposed changes to the Nuisance Abatement and Overnight Camping ordinances for future consideration by the City Council.  Review, update or create City ordinances related to lake activities such as towables, flyboarding and float tube anglers, swimming provisions and other safety relate d concerns ahead of the boating season.  Review proposed skate park design to consider possible safety concerns and measures including pedestrian crosswalks and/or stop signs.  Actively promote the Commission as a place for the community to come to learn about public safety programs in and offered for our community.  Distribute and promote a public safety related community survey to gather input from the community.  Begin working with the school district to determine school sites requiring minor public safety and/or circulation improvements.  Develop a Public Safety Recognition Program for those who are committed to and go above and beyond to ensure the safety of our community. 1 REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PUBLIC SAFETY ADVISORY COMMISSION FROM: GRANT TAYLOR, COMMUNITY DEVELOPMENT DIRECTOR DATE: January 21, 2015 SUBJECT: Introduction of Ordinance No 2015-________ amending the Lake Elsinore Municipal Code to allow for more effective code enforcement and cost recovery procedures RECOMMENDATION Staff recommends that the Public Safety Advisory Commission (PSAC) accept a presentation from staff, consider the attached ordinance, provide comments, and recommend that staff forward the item to the City Council for consideration at a public hearing on February 10, 2015. BACKGROUND The recommended amendments and additions to the Lake Elsinore Municipal Code (LEMC) in the attached proposed ordinance are designed to: (1) maximize the City’s cost recovery and enforcement ability in code enforcement matters to the fullest extent permitted by law; (2) streamline related procedures to reduce impacts on staff and ensure due process; (3) deter further violations of the LEMC and other laws; and, (4) update the LEMC to comply with recent court decisions and changes in the law. ANALYSIS & DISCUSSION By adopting this ordinance, the City will have all cost recovery tools permitted by law at its disposal. State law permits the City to adopt a broad array of enforcement and cost recovery tools that will enable the City to more effectively and efficiently abate nuisances and violations of the LEMC, while also allowing the City to recover its costs of enforcement, including legal costs when incurred. Agenda Item No. 4 2 If this ordinance is adopted, general cost recovery provisions added to the LEMC will include explicit language allowing for attorney’s fees and staff costs to the prevailing party in all nuisance abatement efforts, which broadly encompasses the entire scope of a case from investigations and inspections to civil, criminal, and/or administrative proceedings. State law requires that the language contain the “prevailing party” language. In addition, the proposed ordinance authorizes the imposition of civil penalties of up to $1,000 for every day a violation exists and for treble the costs of abatement for subsequent judgments within a two-year period. These tools will not only allow the City to recoup its costs but they will also deter repeat offenses. The bulk of the ordinance focuses on amending LEMC Chapter 8.18 “Nuisance Abatement.” Amended provisions include: (1) expand the definition of “nuisance;” (2) expressly authorize the City to investigate and abate nuisances; (3) eliminate the requirement of a hearing prior to a determination a nuisance exists; (4) set forth notice requirements to demand voluntary nuisance abatement; (5) provide the opportunity and procedures to appeal the imposition of abatement costs; (6) add procedures for abating imminently dangerous nuisances; and (7) ensure procedures for the imposition of a nuisance abatement lien or special assessment comply with State law requirements. The Ordinance also adds provisions to the LEMC related to the administrative citation procedure by allowing a compliance period for non-emergency building or zoning related violations, as required by law. This provision ensures the validity of the citations and fines issued. Further, added language clarifies the right to appeal a citation and sets out procedures under a neutral hearing officer, in compliance with case law, to reduce the likelihood of a later challenge. Other amendments include language clarifying the joint and several liability of parents or legal guardians of a minor who engaged in graffiti and liability for non- minor offenders. This amendment imposes liability for all abatement costs with a personal obligation, a nuisance abatement lien and/or special assessment on real property. The determination of liability will include any confession or admission, or any guilty plea, “no contest” plea, or conviction for graffiti, thereby, enhancing the City’s ability to recover its costs. This process will greatly expand the City’s ability to recover graffiti clean-up and enforcement costs, while also providing a greater deterrence for future graffiti. This same ordinance, coupled with aggressive enforcement, have allowed other cities to experience significant reductions in graffiti incidences and costs incurred by the City in abating the graffiti. Finally, a new chapter entitled “Social Host Obligations” will deter underage drinking and illegal drug use by minors. The key part of this chapter imposes a legal duty onto adults who permit, allow, or host an event at their residence or property to take certain reasonable steps to prevent such illegal consumption by minors, with certain exceptions. 3 FISCAL IMPACT The City will see a positive fiscal impact through the streamlined procedures provided by the ordinance, reduced staff costs, and cost recovery for City code enforcement efforts. ENVIRONMENTAL DETERMINATION The proposed ordinance is Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Class 21 – CEQA Guidelines Section 15321, Enforcement Actions by Regulatory Agencies. Prepared By: Matt Silver Contract City Prosecutor Approved By: Grant Taylor Community Development Director Attachment: 1) Draft Ordinance 1 REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PUBLIC SAFETY ADVISORY COMMISSION FROM: GRANT TAYLOR, COMMUNITY DEVELOPMENT DIRECTOR DATE: January 21, 2015 SUBJECT: Discussion to amend provisions of the Lake Elsinore Municipal Code (LEMC) regulating overnight camping RECOMMENDATION Staff recommends that the Public Safety Advisory Commission consider existing Lake Elsinore Municipal Code (LEMC) provisions, reasonable property rights, potential negative impacts, reasonable number of days and durations for overnight camping permits, and provide recommendations. BACKGROUND Properties abutting the lake conduct overnight camping activities that are sometimes not consistent with provisions set forth in the LEMC and result in complaints pertaining to blight, aesthetics, storage, trash, noise, light, glare, and water quality. Existing LEMC provisions are not well defined or written and difficult to enforce. In an effort to allow property owner’s enjoyment of their property, while still protecting properties in the vicinity from negative impacts, staff has been directed to update overnight camping provisions with an amended ordinance. DISCUSSION A number of LEMC Sections regulate overnight camping activities (attached) to include: 17.20.040(J) – Requires campsites to obtain a special camping permit. 17.20.60 – Campers, RV’s, and trailers must be removed after each permit. Agenda Item No. 5 2 17.20.070 – Trash containers must be provided and trash/debris removed. 17.176.40 – Loud noises are not permitted per City noise regulations. 17.200.70 – Overnight camping regulations. 8.20.030 – Campfire and Fire Department regulations. The primary regulations for overnight camping are set forth in LEMC Chapter 17.200, Temporary Uses, as overnight camping is a temporary use. LEMC Section 17.200.070, Overnight Camping, states in part: A) Overnight camping may be permitted for security or seasonal temporary use. B) Overnight camping shall be limited to fully self-contained vehicles. C) Overnight camping shall not be allowed at any location more than four times per year. D) Overnight camping shall obtain County Health Department approval. E) Overnight camping shall require a permit. This item is an effort to facilitate discussion and recommendations from the public and PSAC to forward to the Lake Subcommittee, Planning Commission, and ultimately the City Council for final adoption of an ordinance. Areas of concern to address in the ordinance include but are not limited to: 1) Reasonable enjoyment of private property. 2) Constitutional rights of property owners. 3) Allowing only property owners and family to camp overnight. 4) Allowing non-property owners and family to camp overnight. 5) Allowing property owners to lease their property for camping (effectively a business). 6) Number of times overnight camping is permitted per year. 7) Duration of overnight camping per each permit. 8) Authorized accessory uses and activities. 9) Prohibited accessory uses and activities. 10) Water quality and regulatory agency mandates. FISCAL IMPACT The overnight camping permit fee should recover staff costs for administration and inspections. Enforcement actions and response to complaints would require additional staff time. 3 ENVIRONMENTAL DETERMINATION A draft ordinance is expected to be Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Class 21 – CEQA Guidelines Section 15321, Enforcement Actions by Regulatory Agencies. Attachments: Special Camping Application and Permit LEMC Sections: 17.20 Lakeshore Overlay District 17.176 Noise Control 17.200 Temporary Uses 8.20 Burning and Fire Hazards