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HomeMy WebLinkAboutAgenda Packet 7-19-2017Public 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, CHAIR CHRIS HYLAND, COMMISSIONER JERRY CARLOS, COMMISSIONER ROGER MILLER, COMMISSIONER AGNES WILLIAMS, COMMISSIONER FARID DOST, SENIOR CIVIL ENGINEER Cultural Center6:00 PMWednesday, July 19, 2017 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS 1)Recognition of Commissioner Stephen Gregory 2)Swear in Newly Appointed Commissioners 3)Presentation on Crime Free Multi-Housing PUBLIC COMMENTS – NON AGENDIZED ITEMS – 3 MINUTES (Please read and complete a Request to Address the Advisory Commission form prior to the start of the meeting and turn it in to the Clerk. The Chair or Clerk will call on you to speak). CONSENT CALENDAR ITEM(S) (All matters on the Consent Calendar are approved in one motion, unless a Commissioner or member of the public requests action on a specific item). 1)Minutes of the Regular Meetings of May 17 and June 21, 2017 Recommendation:Approve the minutes. 5-17-2017 PSAC 6-21-2017 PSAC Cancelled Attachments: 2)Financial Report as of July 2017 Recommendation:Recieve and file. Financial Report July 2017 - SRAttachments: Page 1 City of Lake Elsinore Printed on 7/14/2017 July 19, 2017Public Safety Advisory Commission Regular Agenda 3)Quarterly Report to City Council - 2nd Quarter 2017 Recommendation:Review and approve the proposed quarterly report to be submitted to the City Council. Quarterly Report 2nd Quarter 2017 - SR Quarterly Report 2nd Quarter 2017 - Exhibit A Memo Attachments: BUSINESS ITEM(S) 4)Vial of Life Program Recommendation:Continue the Vial of Life Program and authorize the purchase of additional product at a cost not to exceed $900. Vial of Life Program Reorder - SR Vial of Life Program - Exhibit A Cover Sheet and Form Attachments: 5)Homeless Task Force Appointment Recommendation:Establish and appoint one commissioner and one alternate to serve on the City’s Homeless Task Force. Homeless Task Force Subcommitee - SRAttachments: 6)Municipal Codes Related to Aggressive Solicitation Recommendation:Discuss and recommend proposed amendments to Lake Elsinore Municipal Code Chapter 8.13 Regulation of Solicitation and Chapter 10.72 Vehicle Solicitation as related to the prohibition of aggressive solicitation. Aggressive Solicitation - SR Aggressive Solicitation - Exhibit A LEMC Ch. 8.13 Regulation of Solicitation Aggressive Solicitation - Exhibit B LEMC Ch. 10.72 Vehicle Solicitation Aggressive Solicitation - Exhibit C Solicitation Municipal Codes from Other Cities Attachments: 7)Annual Reorganization of the Commission Recommendation:Select and appoint the Chair and Vice-Chair. PSAC Reorganization - SRAttachments: SUBCOMMITTEE REPORTS STAFF COMMENTS COMMISSIONERS' COMMENTS ADJOURNMENT The Lake Elsinore Public Safety Advisory Commission will adjourn this meeting to the next regularly scheduled meeting of Wednesday, August 16, 2017. The public meeting will be held at 6:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, California. Page 2 City of Lake Elsinore Printed on 7/14/2017 July 19, 2017Public Safety Advisory Commission Regular Agenda AFFIDAVIT OF POSTING I, Diana Girón, 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 at ______ p.m. on ___________, 2017. ________________________ Diana Girón Clerk Page 3 City of Lake Elsinore Printed on 7/14/2017 Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-274 Agenda Date: 7/19/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: Public Safety Advisory Commission Agenda Number: 1) Page 1 City of Lake Elsinore Printed on 7/14/2017 Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-275 Agenda Date: 7/19/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: Public Safety Advisory Commission Agenda Number: 2) Page 1 City of Lake Elsinore Printed on 7/14/2017 Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-276 Agenda Date: 7/19/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: Public Safety Advisory Commission Agenda Number: 3) Page 1 City of Lake Elsinore Printed on 7/14/2017 Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-277 Agenda Date: 7/19/2017 Status: Consent AgendaVersion: 1 File Type: MinutesIn Control: Public Safety Advisory Commission Agenda Number: 1) Page 1 City of Lake Elsinore Printed on 7/14/2017 Page 1 City of Lake Elsinore Public Safety Advisory Commission Meeting Minutes Wednesday, May 17, 2017 Call to Order A Regular meeting of the Public Safety Advisory Commission (PSAC) was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 6:04 p.m. by Chairman Stewart noting the absence of Vice-Chair Gregory. Pledge of Allegiance The Pledge of allegiance was led by Commissioner Sund. Roll Call Present: Commissioners Carlos, Hyland, and Sund; Chair Stewart Absent:Vice-Chair Gregory Presentations 1) Recognition of Public Safety Advisory Commissioner Sund Chair Stewart presented a Certificate of Recognition to Commissioner Sund Public Comments – Non Agendized Items There were no members of the Public appearing to speak. Consent Calendar Items It was moved by Commissioner Sund, seconded by Chair Stewart, and unanimously carried noting the absence Vice-Chair Gregory, to approve the Consent Calendar. 1) Minutes of the Regular meeting of April 19, 2017 – approved. Business Items 2) Traffic Engineer Update Senior Civil Engineer Dost provided a Power Point presentation regarding traffic projects throughout the City and an update on the potential locations the City intends to apply for the Senate Bill 821 Grant for the Bicycle and Pedestrian Facility Program; and, responded to comments from Members of the Commission. Page 2 3) Streetlight Procedures Ordinance Senior Civil Engineer Dost provided the Staff Report. Appearing to speak was: Julie Crist. Senior Civil Engineer Dost responded to comments from the public and the Commission. It was moved by Chair Stewart, seconded by Commissioner Hyland, and unanimously carried noting the absence Vice-Chair Gregory, to receive and file. Staff Comments Community Services Director Skinner provided an update on the Lake Committee having uniformity in signage around the lake; announced the opening of the BMX track and dog parks at Serenity Park will be held on May 24 th; and, provided an update on the Grand Prix race. Commissioners' Comments Commissioner Sund thanked Jim Brown, City Council Members, and staff; and, stated that she will attend the opening of the BMX track and dog parks at Serenity Park. Chair Stewart thanked Mr. Brown for attending the meeting, Community Services Director Skinner, Senior Civil Engineer Dost and Commissioner Sund for her service. Adjournment The meeting adjourned at 7:12 p.m. to the Regular meeting on Wednesday, June 21, 2017, in the Cultural Center located at 183 N. Main Street. _______________________________________________ Jay Stewart Diana Girón, CMC Chairman Deputy City Clerk City of Lake Elsinore Public Safety Advisory Commission Meeting Minutes Wednesday, June 21, 2017 A meeting of the Public Safety Advisory Commission of the City of Lake Elsinore was not held on this date due to a lack of quorum. _____________________________ Jay Stewart Chair _______________ ________ Diana Girón, CMC Deputy City Clerk Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-278 Agenda Date: 7/19/2017 Status: Consent AgendaVersion: 2 File Type: ReportIn Control: Public Safety Advisory Commission Agenda Number: 2) Page 1 City of Lake Elsinore Printed on 7/14/2017 REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: FROM: DATE: Honorable Chairman and Members of the Public Safety Advisory Commission Farid Dost, Senior Civil Engineer July 19, 2017 SUBJECT:Financial Report as of July 2017 Recommendation Receive and file. Discussion Below is an approximate breakdown of the Public Safety Advisory Commission allocated and remaining budget or Fiscal Year 2017-2018. The total budget for this Fiscal Year is $4,000. Allocated Budget $4,000.00 Expenditures as of July 2017: Total Remaining Budget:$4,000.00 Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-279 Agenda Date: 7/19/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: Public Safety Advisory Commission Agenda Number: 3) Page 1 City of Lake Elsinore Printed on 7/14/2017 REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO:Honorable Chairman and Members of the Public Safety Advisory Commission FROM:Farid Dost, Senior Civil Engineer DATE:July 19, 2017 SUBJECT: Approve Quarterly Report to City Council – 2nd Quarter 2017 Recommendation It is recommended that 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. The report covers the Commission’s activities and actions from April 2017 through June 2017. In addition, the report includes upcoming issues or projects the Commission will assist within the coming months. The following Public Safety Advisory Commission Minutes are submitted for approval: Fiscal Impact None Exhibits A. Memo to City Council – 2nd Quarter 2017 Report TO:Honorable Mayor and Members of the City Council FROM:Farid Dost, Senior Civil Engineer DATE:July 19, 2017 SUBJECT: Public Safety Advisory Commission Report – 2nd Quarter 2017 The Public Safety Advisory Commission (PSAC) is pleased to present this summary of activities and actions for this quarter. This report covers the months of April, May, and June 2017. Listed below are the members of the Commission in the 2 nd Quarter of 2017. Jay Stewart, Chairman Stephen Gregory, Vice Chairman Chris Hyland, Commissioner Valerie Sund, Commissioner Jerry Carlos, Commissioner During the second quarter of 2017, the Commission held two regular meetings. The meeting in June 2017 was canceled. Listed below are the presentations, the actions taken during the quarter, and future priorities. PRESENTATIONS: Recognition of Public Safety Advisory Commissioner Sund ACTIONS TAKEN: Transient Camp Enforcement Update (April): Code Enforcement presented a Power Point presentation on the level of effort, and the work done by the Code Enforcement throughout the City. Presentation included the debris and the waste left behind by the transients. The Commission unanimously carried to receive and file the report. Senate Bill 821 (SB 821) Bicycle and Pedestrian Facilities Program Update (April): Engineering presented a Power Point presentation on the proposed potential location that the City will apply to for the SB 821 Grant for year 2017. Engineering requested a support letter from the Commission to be included in the Grant application. Traffic Engineer Update (May):Commission was updated on the future Lakeshore Drive/Terra Cotta Traffic Signal, All way stops signs for the I-15 NB Offramps/Nichols Road intersection, and Gunnerson Street Paving. In Addition, 2 the Commissioners were updated on the final seven (7) locations selected by the City to apply for the SB 821 Grant. Streetlight Procedures Ordinance (May):Engineering presented a draft Streetlight Ordinance & Procedure (SOP), the intent of this SOP will be to explain and provide the purpose, policy, financial responsibility and the process on how any entity can request for streetlights. This ordinance will streamline the process for both the City staff and the public on the requirements and responsibilities needed for requesting streetlights. UPCOMING PRIORITIES: Review Healthy LE related ordinances. Joint Study Session with City Council. Review and amendments to Lake Elsinore Municipal Code regarding the new BMX track planned at Serenity Park. Review of parking restriction options for Main Street. Review Crime-Free Multi-Housing Program and hotel related ordinances. Review and examine ordinances related to special events. Ongoing traffic related safety needs and calming techniques. Distribute and promote a public safety-related community survey to gather input from the community. Lighting needs and plans in the City, including streetlight requests. Develop a Public Safety Recognition Program. Pedestrian routes, sidewalks, and bus stop improvements. Includes review of sidewalk survey. Actively promote the Commission as a place for the community to come to learn about public safety programs in and offered for our community. Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-280 Agenda Date: 7/19/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: Public Safety Advisory Commission Agenda Number: 4) Page 1 City of Lake Elsinore Printed on 7/14/2017 Page 1 of 2 REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: Honorable Chairman and Members of the Public Safety Advisory Commission FROM: Nicole Dailey, Senior Management Analyst DATE: July 19, 2017 SUBJECT: Vial of Life Program Recommendation It is recommended that the Commission continue the Vial of Life Program and authorize the purchase of additional product at a cost not to exceed $900. Background The Vial of Life Program is a national project that allows individuals to maintain vital medical information: current medications, allergies, ailments, contact person, primary physician and advance directive in a location that is easily accessible for emergency personnel during a health-related crisis or accident. The program is designed to assist first responders with finding the medical information they need to best treat you. People complete a form and place it in a container, such as a plastic baggie or magnetic case, with any other relevant medical history documents. Typically, this container is the n placed on the refrigerator, which is a place first responders know to look should they need this information. In October 2015, the Commission approved establishment of a Vial of Life Program in the City and authorized the purchase of Vial of Life Containers, magnetic strips and the printing of forms. Subsequently, another 264 containers were authorized by the Commission in May 2016. Discussion Since launching the program in October 2015, the City has created and distributed 528 Vial of Life containers throughout the community. The program has been well received by those who have requested and used them. Attached is the informational sheet and form for the program. The “vials” have been distributed by commissioners and key stakeholders to interested residents in our community. In addition, they are distributed at City Hall, Lake Community Center, Senior Center, Police Department and at local fire stations. So far, they have been widely successful and we are currently out of supply. Therefore, staff is requesting the Commission’s authorization to purchase and assemble an additional 264 plastic snap containers and magnetic strips. The proposed costs associated with Vial of Life Program Page 2 of 2 continuing this program are: • Plastic Containers & Magnetic Strips - $2.19 each – Total Est. Cost: $624.41 • Forms Printed & Folded – Total Est. Cost: $220 Staff is requesting the Commission approves an expenditure of up to $900 to allow for any additional unforeseen costs related to this item. Fiscal Impact The estimated budget to proceed with the Vial of Life program is up to $900. Funding is available in the Commission’s FY 17/18 budget. Exhibits: A – Vial of Life Cover Sheet and Form Vial of Life Program What is the Vial of Life? The Vial of Life is a national project being implemented in the City of Lake Elsinore. It is a plastic container that holds potentially life-saving information if you are found unconscious or unable to communicate with emergency medical personnel. In a medical emergency even if you are conscious or able to speak, you may not be able to provide or remember all pertinent information needed in order for medical personnel to begin treatment immediately. Those few minutes may save your life or the life of someone you love. The Vial of Life was created as a way to organize this vital information in one convenient place. The Vial of Life Project is a charitable non-profit organization that provides a life-saving option throughout the entire United States. What’s in the Vial of Life? The Vial of Life should contain all vital medical information for each person in your household including current medications, allergies, ailments, emergency contact person, primary physician and any advance directives in a location that is easily accessible for emergency personnel during a health-related crisis or accident. One form should be used for each person in the household. How do I use and store the Vial of Life? Using a pencil, complete the Vial of Life Form with all pertinent information and place it in the container. Emergency medical personnel are trained to locate a Vial of Life within your home. The Vial of Life has a magnet attached to the backside of the container and is designed to be magnetically attached to your refrigerator. How to acquire the Vial of Life form and/or container? The City of Lake Elsinore offers the Vial of Life forms and containers at no charge to residents. They can be picked up at City Hall, local Fire Stations, the Lake Community Center and/or the Senior Center. You can also visit www.lake-elsinore.org or call (951) 674-3124 ext. 314. What is a DNR? A DNR is a “Do Not Resuscitate” order form for a patient that does not wish to be revived after their heart has stopped. The DNR form must be signed by a physician and must be present at the scene and given to emergency personnel in order to be valid. We recommend that the DNR form be placed in a location that is easily accessible. Vial of Life Form (Use a pencil to fill out this form) Name: ________________________________ Document was last updated on: ___________ Address: _____________________________________ Phone: (_____) __________________ City: _________________________________________ State: _________ Zip: ___________ Date of Birth: _____________________Gender: F or M Height: _______ Weight: ________ Doctor’s Name: _________________________________ Phone (_____) _________________ Emergency Contact: ______________________________ Phone (_____) _________________ Insurance Company: ______________________________ Policy #: _____________________ Do you have a “DNR” Do Not Resuscitate order? Yes or No If yes, where is it located? _________________________________ Do you wear? Dentures: Yes / No Glasses: Yes / No Contacts: Yes / No (Circle) Oxygen: Yes / No Hearing Aids: Yes / No Medical History: (Circle medical conditions that apply) Heart Attack Pacemaker Irregular Heartbeat Seizure Stroke Diabetes Asthma Anemia Bleeding/Clotting Disorder Blood Pressure: High / Low Tuberculosis Hepatitis HIV / AIDS Cancer (list type): _____________________________ Other Conditions: _____________________________________________________________ Current Medications: __________________________________________________________ ____________________________________________________________________________ Allergies to Medications: _______________________________________________________ Surgeries in the last 5 years: ____________________________________________________ ____________________________________________________________________________ Other Important Information: ___________________________________________________ ____________________________________________________________________________ ___________________________________________________________________________ (Use back of the page for any additional information) Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-281 Agenda Date: 7/19/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: Public Safety Advisory Commission Agenda Number: 5) Page 1 City of Lake Elsinore Printed on 7/14/2017 REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: Honorable Chairman and Members of the Public Safety Advisory Commission FROM: Nicole Dailey, Senior Management Analyst DATE: July 19, 2017 SUBJECT: Appoint Commissioner to Homeless Task Force Recommendation It is recommended the Commission establish and appoint one commissioner and one alternate to serve on the City’s Homeless Task Force. Discussion Subcommittees are an effective way to facilitate the efficient flow of communication and ensure Commissioners actively participate in the research, study, and development of proposed recommendations and programs related to a specific purpose. The proposed Ad-Hoc Subcommittee will include one appointed commissioner and an alternate to participate in the City’s efforts to reduce homelessness and its impacts on our community. The subcommittee members will be asked to participate in regular task force meetings and to review applicable information as needed. The Homeless Task Force is meeting every other Thursday at 8 a.m. and will be tasked with other meetings in the future. With the recent selection and appointment of three commissioners to the Commission, members of the City Council appointment committee and the Chair of the Commission would like to recommend the appointment of Agnes Williams to this subcommittee due to her background of working with the homeless in the past. The Commission shall nominate and vote on the proposed primary and alternate commission appointments. Fiscal Impact None. Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-282 Agenda Date: 7/19/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: Public Safety Advisory Commission Agenda Number: 6) Page 1 City of Lake Elsinore Printed on 7/14/2017 Page 1 of 2 REPORT TO PUBLIC SAFETY ADVISORY COMMISSION To: Honorable Chairman and Members of The Public Safety Advisory Commission From: Nicole Dailey, Senior Management Analyst Date: July 19, 2017 Subject: Discuss and Review Existing Municipal Codes Related to Aggressive Solicitation Recommendation Discuss and recommend proposed amendments to Lake Elsinore Municipal Code Chapter 8.13 Regulation of Solicitation and Chapter 10.72 Vehicle Solicitation as related to the prohibition of aggressive solicitation. Background Homelessness has become a major concern in our City, the region, and the state. Experts are estimating an increase of homelessness in our region over the next decade. The 2016 Riverside County Point-In-Time Homeless Count Survey in January 2017 showed there were 62 homeless individuals residing in the City of Lake Elsinore and a total 1,638 homeless individuals in the County of Riverside overall. However, the City estimates this number to be higher. The City, like many jurisdictions throughout the state, has had to find ways to address an increase in homeless activity that has subsequently led to an increase in citizen complaints and calls for service for code enforcement and law enforcement. These calls for service include complaints regarding public feedings, panhandling/solicitation, thefts, assaults, trespassing and debris located at homeless encampments. Since early 2014, the City and the Lake Elsinore Police Department has taken a proactive approach in dealing with homeless activity and the effect it has on the overall quality of life for our residents and businesses. Key areas of success include addressing public feedings in City Park and partnering with property owners to quickly and effectively break up and clean up homeless encampments. Because of recent efforts, the City has seen an increase in the number of homeless individuals out and about in the community. In May 2017, the City Council authorized the creation of a Homeless Task Force of staff and community stakeholders eager to join the City in its efforts to reduce homelessness. This includes conducting a formal analysis of the existing resources and needs within the city, Solicitation Municipal Codes Page 2 of 2 developing new programs, and identifying long-term solutions to address homelessness. This task force currently meets every other week and has made progress towards developing ways to try to reduce homelessness and help those in need. Discussion In recent months, the City has received more complaints regarding homeless individuals soliciting, loitering and lingering in public and private locations throughout the City. It is apparent there has been a more regular presence of transient individuals in our shopping centers, parking lots, public parks, and street medians and parkways. Many of whom, are soliciting people for food, money or other items. Additionally, these solicitations are occasionally aggressive in nature and can become a nuisance to residents, visitors and business owners in the City. These types of activities directly impact the overall quality of life and economic viability of the City. Ultimately, affecting our ability to protect public health, safety and the general welfare of people of the City of Lake Elsinore. The City currently has two existing municipal codes related to these types of concerns: Chapter 8.13 Regulation of Solicitation and Chapter 10.72 Vehicle Solicitation of the LEMC. These municipal codes were originally created and implemented in 2008 and 1994, respectively (Exhibit A and B). Regionally, many other cities have had to establish similar municipal codes within the last year to address these concerns including the cities of Menifee and Temecula. Staff would like to ask the Commission to review the existing municipal codes and those of other municipalities to make suggestions for changes and improvements to ensure our existing municipal codes are up-to-date and effective. This could include, for example, combining the cities two municipal codes into one, expanding regulations about loitering, and/or addressing the enforcement of these municipal codes. Attached are copies of the existing municipal codes as well as several other related examples from other cities including Menifee, Temecula, Anaheim, and Riverside. Upon recommendations by the Commission, staff would anticipate bringing a proposed ordinance back to the Commission to amend the existing municipal codes. Fiscal Impact None Exhibits A – LEMC Chapter 8.13 Regulation of Solicitation B – LEMC Chapter 10.72 Vehicle Solicitation C – Solicitation Municipal Codes for Other Cities ORDINANCE NO. 2017- _____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ADDING CHAPTER 11.08 TO THE MENIFEE MUNICIPAL CODE PROHIBITING CERTAIN FORMS OF SOLICITATION THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS: SECTION 1 A new Chapter 11.08 prohibiting certain forms of solicitation in the City is hereby added to the Menifee Municipal Code to read in its entirety as follows: “Chapter 11.08: PROHIBITION AGAINST CERTAIN FORMS OF SOLICITATION Section 11.08.010 Findings 11.08.020 Definitions 11.08.030 Solicitations Prohibited at Specific Locations 11.08.040 Aggressive Solicitations Prohibited 11.08.050 Exemptions 11.08.060 Penalties § 11.08.010 FINDINGS. For purposes of this Chapter, the City Council finds as follows: (A) The City Council finds “aggressive solicitation” is unsafe and disruptive to persons in the City of Menifee and is a threat to public health, safety, and general welfare. (B) The City Council finds that solicitation at banks, automatic teller machines and check cashing businesses, from persons in vehicles, in parking lots after dark, in public transportation vehicles, at gasoline stations and fuel pumps, in driveways, on median strips and freeway ramps, in City parks, on landscaped parkways/trails, and at dining establishments that subjects persons in the City of Menifee to danger. Soliciting from persons in vehicles results in the congestion of public streets and can lead to distracted drivers causing accidents constituting a danger to pedestrian and vehicular traffic safety. The City Council further finds that soliciting from people in locations where it is difficult to avoid the solicitation makes persons who will commonly be carrying money on their persons vulnerable to intimidation and such solicitation detracts from the rights of persons in the City to quietly enjoy public facilities. (C) The restrictions of this section are content neutral and are narrowly tailored to serve a significant governmental interest but still provide alternatives avenues of communication. The reasonable time, place, manner restrictions of this section City of Menifee Ordinance Prohibition Against Certain Forms of Solicitation Page 2 of 5 2 avoid the negative effects of aggressive solicitation and solicitation in unsafe places and will not unreasonably restrict free speech of people engaged in solicitation. § 11.08.020 DEFINITIONS. For purposes of this Chapter, the following shall apply: (A) Solicit, Ask, or Beg. Include using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services. (B) Public Place. A place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, the right -of-way of any freeway, including any on ramp, off ramp, or roadway shoulder which lies within the right-of-way of the freeway, highway, sidewalk, median, parking lot, plaza, transportation facility, school, place of amusement, park, improved trail, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence. § 11.08.030 SOLICITATIONS PROHIBITED AT SPECIFIC LOCATIONS. (A) Financial Institutions and Automated Teller Machines (ATMs). No person shall solicit within 25 feet of any entrance or exit of any financial institution during its business hours or within 25 feet of any automated teller machine during the time it is available for customers’ use. When an automated teller machine is located within an ATM facility, such distance shall be measured from the entrance or exit of the ATM facility. No person shall solicit within an ATM facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility. (B) Parking Lots and Parking Structures. No person shall solicit in any public parking lot or structure any time. (C) Public Transportation Vehicles and Stops. No person shall solicit in any public transportation vehicle or within 50 feet of any designated or posted public transportation vehicle stop. (D) Gasoline Stations and Fuel Pumps. No person shall solicit from an operator or occupant of a motor vehicle while such vehicle is stopped in a gasoline station or at a fuel pump. City of Menifee Ordinance Prohibition Against Certain Forms of Solicitation Page 3 of 5 3 (E) Driveways Accessing Shopping Center, Retail and Business Establishments. No person shall solicit from an operator or occupant traveling in a motor vehicle while such vehicle is located within 25 feet of a driveway providing vehicular access to a shopping center, retail or business establishment. (F) Medians/Parkways. (1) No person shall linger on a median or parkway. (2) No person shall loiter on a median or parkway. (3) No person shall solicit upon any median or parkway or in any manner or location that is inconsistent with the provisions of the California Vehicle Code. (G) Dining Establishments. No person shall solicit in any outdoor dining area of any restaurant or other dining establishment serving food for immediate consumption. (H) Parks and Trails. No person shall solicit in any public park or improved public trail at any time. § 11.08.040 AGGRESSIVE SOLICITATIONS PROHIBITED. (A) “Aggressive manner” shall mean any of the following: (1) Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to: a. Fear bodily harm to oneself or to another; b. Damage to or loss of property; or c. Otherwise be intimidated into giving money or other thing of value; (2) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking or begging; (3) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; (4) Using violent or threatening gestures toward a person solicited either before, during or after soliciting, asking or begging; (5) Persisting in closely following or approaching a person, after the person being solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or City of Menifee Ordinance Prohibition Against Certain Forms of Solicitation Page 4 of 5 4 (6) Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation. (B) No person shall solicit in an aggressive manner (as defined in Section 11.08.040(A)) in any public place. § 11.08.050 EXEMPTIONS. The provisions of Chapter 11.08 shall not be construed to prohibit: (A) The right to exercise protected free speech; (B) The lawful vending of goods and services; (C) Solicitations related to business authorized by or conducted by the property owner, business owner, or employees thereof on the premises; (D) Solicitations related to the lawful towing of a vehicle; or (E) Solicitations related to emergency repairs requested by the operator or other occupant of a motor vehicle. § 11.08.060 PENALTIES (A) Misdemeanor. Any person who violates Sections 11.08.030 and 11.08.040 of this chapter shall be guilty of a misdemeanor as provided in Chapter 1.01 of the Menifee Municipal Code. (B) Administrative Citations. Any person who violates 11.08.030 or 11.08.040 of this chapter shall be guilty of violating the City of Menifee Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.03 of the Menifee Municipal Code. (C) Non-exclusivity. Nothing in this Chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this Chapter. “ Section 2. If any section, subsection, sentence or clause of this ordinance is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordin ance. Section 3. The adoption of this ordinance is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines section 15378(b)(4) the regulation is not a project within the meaning of CEQA because it establishes a prohibition that does not involve any commitment to any City of Menifee Ordinance Prohibition Against Certain Forms of Solicitation Page 5 of 5 5 specific project that may result in a potentially significant impact on the environment and therefore CEQA review is not required. Section 4. This Ordinance shall take effect and be in full force and operation thirty (30) days after its adoption. Section 5. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published within fifteen (15) days after passage in accordance with law, and shall cause this Ordinance and its certification to be entered in the Book of Ordinances of the City of Menifee. PASSED, APPROVED AND ADOPTED this 17th day of May, 2017, by the following vote: _______________________________ Neil R. Winter, Mayor Attest: _________________________ Sarah A. Manwaring, City Clerk Approved as to Form: _________________________ Jeffrey T. Melching, City Attorney Chapter 5.08 SOLICITING Sections: 5.08.010 Definitions. 5.08.020 Solicitation within the City of Riverside is Unlawful where Posted or otherwise Communicated to the Solicitor. 5.08.030 General Restrictions regarding Solicitation. 5.08.040 Time Restrictions on Solicitation. 5.08.050 Solicitation Prohibited in City-owned Buildings and Pedestrian Mall. 5.08.060 Solicitation Provisions are Nonexclusive. Section 5.08.010 Definitions. Unless it is apparent from the context that another meaning is intended, the following words, when used herein, shall have the meaning ascribed to them by this Section: "Person" means an individual, group, firm, copartnership, corporation, company, association, church, religious sect, religious denomination, society, organization or league; "Private property" means a privately owned building, either a residence or commercial enterprise; "Solicit" or "solicitation" means to request, directly or indirectly, money, property, including discarded household furnishings, newspapers, magazines, castoff materials, or financial assistance of any kind, including donations or pledges of donations, or to sell, to offer for sale or to exhibit any thing or object whatever to raise money, including any article, tag, service, emblem, publication, ticket, advertisement or subscription; or to secure or attempt to secure money or donations or other property by promoting any bazaar, sale, dance, card party, supper or entertainment, whether any of such acts occur on the streets, in any office or public building, by house-to-house canvass or in any public or private place by personal solicitation. (Ord. 6898 § 1, 2006; Prior code § 21.65) Section 5.08.020 Solicitation within the City of Riverside is Unlawful where Posted or otherwise Communicated to the Solicitor. (a) No person shall engage in solicitation activity upon any private property after having been asked to leave such property by the owner or occupant of the property. (b) Unless invited by the legal occupants or owners of the private property, it shall be unlawful for any such person to engage in solicitation upon the private premises or residence or business located thereon if such premises or residence is posted with notice prohibiting solicitation, prominently displayed upon which is printed: "SOLICITING AT THIS LOCATION IS A VIOLATION OF LAW" For purposes of the preceding sentence, a private property, either residence or business, shall be deemed to be posted prohibiting solicitation if there is exhibited, on or near the main entrance to the property or on the main door to any structure located thereon, a sign conspicuously posted, which bears the above wording or similar wording restricting or prohibiting solicitation on the premises. (Ord. 6898 § 1, 2006; Prior code § 21.66) Section 5.08.030 General Restrictions regarding Solicitation. (a) No person who engages in solicitation shall use a plan, scheme or ruse or make any statement which indicates or implies that the purpose of the solicitation is other than to obtain orders or to make sales of goods or services. (b) No person who engages in solicitation shall misrepresent the right of a buyer to rescind or cancel a sale under the provisions of applicable law. (c) No person who engages in solicitation shall solicit by shouting or by using any sound device in connection with soliciting, including bells or amplifying system. (d) No person who engages in solicitation shall step onto or over the threshold of a doorway of a residence unless invited to do so by the occupant or place hands, legs or any portion of the solicitor's body in the doorway so that it reasonably appears that the door may not be closed, unless allowed to do so by the occupant. (e) It shall be unlawful to make false statements or misrepresentations about the purpose of the solicitation. (Ord. 6898 § 1, 2006; Prior code § 21.67) Section 5.08.040 Time Restrictions on Solicitation. No person shall engage in any form of door to door solicitation before 8 am or after 9 pm. Further, it shall be unlawful for any person to engage in solicitation at any time of day if such time of day is clearly posted on the "no soliciting" sign posted pursuant to the sections of this Code. (Ord. 7341 § 4, 2016; Ord. 7229 § 7, 2013; Ord. 6898 § 1, 2006; Prior code § 2.68) Section 5.08.050 Solicitation Prohibited in City-owned Buildings and Pedestrian Mall. (a) Notwithstanding any other provisions of the Chapter, it is unlawful for any person to solicit or sell or offer for sale, by taking orders, subscriptions, direct sales or any other method, any merchandise or printed matter within any building owned by the City or the Pedestrian Mall. Nothing in this Section shall prohibit solicitation or direct sales by any person permitted to engage in such activities pursuant to a lease or rental agreement or a permit issued by the City. (b) The Pedestrian Mall is defined as: Main Street between the southerly line of Sixth Street and the northerly line of Tenth Street but excluding from the mall the intersections of Main Street with Mission Inn Avenue (formerly known as Seventh Street), University Avenue (formerly known as Eighth Street) and excluding from the mall Ninth Street. This area will be commonly known as part of “Main Street Riverside.” (Ord. 7356 § 1, 2016; Ord. 6898 § 1, 2006; Prior code § 21.69) Section 5.08.060 Solicitation Provisions are Nonexclusive. Nothing in this Chapter shall be construed as to replace or eliminate any of the provisions or requirements of Title 5 of the Riverside Municipal Code requiring business licenses. (Ord. 6898 § 1, 2006; Prior code § 21.70) Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-283 Agenda Date: 7/19/2017 Status: BusinessVersion: 1 File Type: ReportIn Control: Public Safety Advisory Commission Agenda Number: 7) Page 1 City of Lake Elsinore Printed on 7/14/2017 Report to Public Safety Advisory Commission To:Honorable Chairperson and Members of the Commission From:Diana Girón, Deputy City Clerk Date:July 19, 2017 Subject:Annual Reorganization of the Commission Recommendation Select and appoint a Chair and Vice-Chair. Background City Council Policy No. 200-5A provides direction regarding the selection of the Chair and Vice-Chair. The Chair and Vice-Chair are selected annually by the Commission to serve a one-year term. The selection of the Chair and Vice-Chair is to occur during the Regular meeting in July of each year. Discussion The procedural format for the selection of the Chair and Vice-Chair is for the current Chair to yield the chair to the Deputy City Clerk who will open the floor to nominations. Upon closing the nominations and taking a roll call vote, the Deputy City Clerk will declare the Commission Member selected to serve as Chair by majority vote. The newly selected Chair will assume the chair and will preside over the selection of a Vice-Chair. Fiscal Impact There is no fiscal impact to the City.