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HomeMy WebLinkAbout06/13/2007 PSAC Reports "---., IJU'~ CITY OF LAKE ELSINORE PUBLIC SAFETY ADVISORY COMMISSION AGENDA (vacant), CHAIRMAN (vacant), VICE CHAIRMAN DR. SHAWN BHUTT A, COMMISSIONER VALERIE 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 JUNE 13, 2007 6:00 PM If you are aUending this Public Safety Advisory Commission Meeting, please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thankyouforyourcooperauonl CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS Any person wishing to address the Public Safety Advisory Commission on any matter must complete a request form prior to commencement of the meeting. (Comments limited to 3 minutes). CONSENT CALENDAR ITEMS All matters on the Consent Calendar are approved in one motion, unless a Commissioner or any member of the public requests separate action on a specific action. PAGE 2 PUBLIC SAFETY ADVISORY COMMISSION AGENDA JUNE 13, 2007 1. Minutes a. Wednesday, May 9, 2007 Regular Meeting BUSINESS ITEMS 21. Interim Chairperson Selection RECOMMENDATION: Select interim Chairperson (consensus). 22. Overview of Proposed FY 2007-08 Operating and Capital Improvement Budgets (presenter: Matt Pressey, Director of Administrative Services) RECOMMENDATION: Discussion. 23. Tobacco Retail Licensing Ordinance No. 838 (County of Riverside): Encourage adoption of identical ordinance. RECOMMENDATION: Direct legal counsel to prepare and forward PSAC recommendation to City Council for consideration. 24. Citizen Corps Subcommittee Alternate RECOMMENDATION: Appoint subcommittee alternate. PUBLIC SAFETY SUBCOMMITTEE REPORTS CITY STAFF COMMENTS PUBLIC SAFETY ADVISORY COMMISSIONERS' COMMENTS ADJOURNMENT " MINUTES PUBLIC SAFETY ADVISORY COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, MAY 9, 2007 **************************************************************** CALL TO ORDER Chairman Hewison called the Public Safety Advisory Commission Meeting to order at 6:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Norkin. /"""' ROLL CALL PRESENT: COMMISSIONERS: KNIGHT, NORKIN, BHUTTA, SUND, HEWISON ABSENT: COMMISSIONERS: NONE Also present were: Information/Communications Manager Dennis, Sergeant Yates, Public Works Manager Payne, Code Enforcement Supervisor Romero, Office Specialist Porche, Cindy Quigley, ESC Riverside County Fire-Office of Emergency Services, and C.J. Stewart, Citizen. PUBLIC COMMENTS None CONSENT CALENDAR ITEMS ~ AGENDA ITEM NO. / tL PAGE I OF.1.. Page 2 - Public Safety Advisory Commission - May 9, 2007 MOVED BY NORKIN, SECONDED BY KNIGHT AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE '-' CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Wednesday, April 11, 2007, Regular Meeting BUSINESS ITEMS 21. Presentation: Emergency Preparedness/Citizen Corps. Information/Communications Manager Dennis introduced Public Works Manager Payne. Public Works Manager Payne requested a subcommittee to work with staff to outline a framework to form a Citizen Corps. He introduced Cynthia Quigley with Riverside County Fire Department who would discuss the program in further detail. Cynthia Quigley reviewed the benefits of the Citizen Corps and how it would work with the community. She stated that the program was developed from the aftermath of September 11 th, as well as Hurricane Katrina. She stated that the main goal was to make people become more independent and to take their own responsibility to be prepared in an unlikely event. """'" Ms. Quigley stated that this year, every employee of Lake Elsinore was issued an emergency kit. She noted the City has taken a huge step to show that they were promoting individual preparedness. She stated that the Citizen Corps could be anyone such as an elected official or school representative. She covered their responsibilities such as educating, training and volunteering. She noted that it is a growing program that would benefit the community and build community pride. She requested that the Commission recommend to the City Council that the City adopt the National Citizen Corps. Commissioner Bhutta inquired on what the cost would be per year for training. '-' AGENDA ITEM NO. / a.. PAG~ Qf_OF..:L Page 3 - Public Safety Advisory Commission - May 9, 2007 ~ Ms. Quigley stated that the costs can vary. She indicated that if necessary, the City could apply for grants. Commissioner Norkin asked if any other cities in the area have the Citizen Corps and if so, has it worked. Ms. Quigley indicated that in 2002 a tornado touched down III Temecula and the Citizen Corps was used at that time. Commissioner Norkin inquired how the law enforcement knows that the Citizen Corp are there to help and are not just "lookie-Ioo's". Ms. Quigley stated that the Citizen Corp are issued hard hats, shirts and vests. She stated that they would be assigned to a specific area should an incident occur. Commissioner Norkin asked if the training is continuous. Ms. Quigley confirmed. ",....... Commissioner Norkin inquired what type of emergency communication equipment they use. Ms. Quigley stated that they would use a hand-operated radio. Vice Chairman Knight inquired how it could be prevented from the Citizen Corps to not be lookie-Ioo's. Ms. Quigley stated that they are trained not to do so. Commissioner Bhutta asked what type of training is offered. Ms. Quigley stated that they would receive some medical training (CPR) and simulated training. Commissioner Sund indicated that it is an excellent idea and indicated that the course would help. ,-- AGENDA ITEM NO. I ct PAOli .3__ OF 3- Page 4 - Public Safety Advisory Commission - May 9, 2007 Chairman Hewison suggested that a packet be put together to help give clarification. He stated that he likes the fact the School District is ,...., getting involved. Commissioner Sund inquired when the next certification class is. Ms. Quigley stated that there would be a class held in May, in the City of Murrieta, and also on July 13th-15th in La Cresta area. She noted that all are funded by grants. MOVED BY HEWISON, SECONDED BY BHUTTA AND CARRIED BY A UNANIMOUS VOTE TO APPOINT COMMISSIONERS HEWISON AND NORKIN ON A SUBCOMMITTEE TO WORK WITH STAFF TO OUTLINE A PROPOSED "CITIZEN CORPS" FRAMEWORK FOR FURTHER CONSIDERATION BY PSAC IN JUNE, 2007. 22. Citizen Request: Discuss Off-Highway Motor Vehicles (OHMV) Impacts. Information/Communications Manager Dennis stated that this item is brought to the attention of the Commission due to the increase of popularity with off-highway motorized vehicles and the impact of illegal off-roading. He introduced C. J. Stewart who would discuss with the Commission ways to assist the City by educating both the community and off-road enthusiasts about City laws and safety requirements and responsibilities. ,...., C. J. Stewart requested the Commission's assistance to request an Ad Hoc committee to address health and safety issues and to support a billboard program. Chairman Hewison requested clarification on how the Commission could help. Ms. Stewart suggested developing a billboard that would be posted in areas that are popular for off-road users that would show where they can ride and have an 800 number that they could call for further information. ......." AGENDA ITEM NO., / t2- PAGEy ij OF ..!L Page 5 - Public Safety Advisory Commission - May 9, 2007 /"'" Commissioner Bhutta agreed that safety is an issue. He inquired what else could be used besides a billboard. Ms. Stewart suggested that the City could put together a program for off-road users to attend. Commissioner Bhutta asked if other cities use the program. Ms. Stewart stated that the City of Lake Elsinore could be used as a template. Commissioner Sund concurred that the City should become involved. Commissioner Norkin asked Sergeant Yates if he feels that the program would be warranted. Sergeant Yates indicated that off-road users can sometimes be a problem, however he could not comment on if the program IS warranted and would need to have it referred to the Chief of Police. ---- Chairman Hewison indicated that at this time the City does not have off-road funding or any grant funding. He suggested the following: · Get more information before pursuing any further · Identify the difficult areas in town · Identify the current Ordinance that addresses citations issued · Research available funding, including grants Commissioner Sund concurred with getting more information before pursuing any further. Commissioner Norkin made a Motion to have a presentation from the Sheriff's department before the Commission can make a decision. MOVED BY NORKIN, SECONDED BY SUND AND CARRIED BY A UNANIMOUS VOTE TO HAVE A RIVERSIDE COUNTY SHERIFF'S DEPARTMENT OFF-HIGHWAY VEHICLE ENFORCEMENT PROGRAM (R.O.V.E.) PRESENTATION BY THE SHERIFF'S ~ DEPARTMENT AT THE JUNE 2007 PSAC MEETING. AGENDA ITEM NO. / tt. PAQ~ 5:_0F-2- Page 6 - Public Safety Advisory Commission - May 9, 2007 23. Fireworks Public Outreach Plan. ....." Information/Communications Manager Dennis stated that staff is working with the Fire Department to develop a billboard that would include a new media campaign to publicize the City's "get tough" stance on illegal fireworks. He stated that the billboard should be put up in June. Chairman Hewison inquired if each resident in the City would receive information on the new fireworks information. Information/Communications Manager Dennis indicated that each homeowner/resident and business residence would receive an oversized postcard that would give Web site information on the new City's Ordinance. MOVED BY NORKIN, SECONDED BY KNIGHT AND CARRIED BY A UNANIMOUS VOTE TO RECEIVE AND FILE THE FIREWORKS PUBLIC OUTREACH PLAN. 24. Graffiti Outreach Proposal and Scope of Work. ....." Information/Communication Manager Dennis stated that it would be necessary for staff to contract outside services to administer the outreach portion of the graffiti program. He stated that the goal is to provide notification for businesses to comply with the new display, signage and paint purchase requirement. Chairman Hewison inquired on what the time line is. Information/Communications Manager Dennis stated that staff has until the end of the year. Chairman Hewison suggested getting with the School District and suggesting assemblies for the students. Information/Communications Manager Dennis also indicated that the hotline would need to be put in place as soon as possible and would be a phase program. ....., AGENDA ITEM NO. I a.. PAGE- . ~ __OF 1. Page 7 - Public Safety Advisory Commission - May 9, 2007 ~ Commissioner Sund stated that she attended the Parents Summit in March and met with the Lakeland Village Middle School Principal. She spoke with her about conducting an assembly to discuss gang activity. MOVED BY BHUTTA, SECONDED BY KNIGHT AND CARRIED BY A UNANIMOUS VOTE TO RECEIVE AND FILE PUBLIC GRAFFITI OUTREACH PROPOSAL AND SCOPE OF WORK. SUBCOMMITTEE REPORTS None CITY STAFF COMMENTS Information/Communications Manager Dennis commented on the following: /"'"' 1) 2) 3) Spoke of the subcommittee to discuss the Lakeshore Overlay District and has scheduled a meeting for May 23,2007. Spoke of the City Beach dedication which is scheduled for May 31, at 10:00 AM. He noted the Budget Study Session has been rescheduled to May 29, 2007 at 5 :00 PM at the Cultural Center. COMMISSIONER COMMENTS Commissioner Norkin commented on the following: 1) Spoke of learning about the meeting that has been scheduled for May 29,2007 regarding Lakeshore Overlay, and his disappointment that no one checked to see if the date and time would be convenient. He indicated that he would not be able to attend the May 29th meeting. Commissioner Bhutta commented on the following: 1) Spoke of the need of a stop light at Franklin and Main. 2) Spoke of the new parking laws and that they are working well. "..-- AGENDA ITEM NO. / t:.L PAGE 7 OF ..!t- Page 8 - Public Safety Advisory Commission - May 9, 2007 Commissioner Sund commented on the following: '" 1) She stated that there have been several break-ins in her neighborhood of the residences mailboxes and how the mailboxes had not been replaced in a timely manner. Vice-Chairman Knight commented on the following: 1) He spoke of the off-road activity located at the end of Mountain Street. Chairman Hewison commented on the following: 1) Spoke of the Minutes from the last PSAC Meeting where it discusses the 11 items that he felt should be discussed and placed on the July Agenda. 2) Spoke of the last City Council Meeting, where there was a recommendation that a member of the PSAC participate on the Lakeshore Safety Team. 3) Spoke of the June meeting and that there would be an update from the Lake Operations Manager Pat Kilroy '" 4) Would like to see the Neighborhood Watch placed on the Agenda for August. 5) Discussed the invitations for a training exercise to work with a planned burning home on May 14th. 6) Spoke of the National Food Drive sponsored by the Post Office for Saturday, May 12,2007. ADJOURNMENT THE PUBLIC SAFETY ADVISORY COMMISSION MEETING WAS ADJOURNED AT 7:20 P.M. RON HEWISON, CHAIRMAN PUBLIC SAFETY ADVISORY COMMISSION AGENDA ITEM NO. PAGE """'" /4...- ~ OF-2- "....... ".-., "....... Page 9 - Public Safety Advisory Commission - May 9, 2007 Respectfully submitted, DANA PORCHE', OFFICE SPECIALIST Attest: MICHELLE SOTO ACTING CITY CLERK OF THE BOARD AGENDA ITEM NO. PAGE /CL 9 oFL ~ Public Safety Advisory Commission (Term Expires 7/2009) (Term Expires 7/2009) Valerie Sund 19405 Stonewood Lane Lake Elsinore, CA 92530 (951) 678-9455/ cell 837-6222 e-mail: Macheteioe@msn.com (Term Expires 7/2007) Mike Norkin 31754 Indian Springs Road Lake Elsinore CA 92532 (951) 304-4133 e-mail: mike~ourcherishedmemories.com (Term Expires 7/2007) /""' Dr. Shawn Bhutta 12 Del Santello Lake Elsinore, CA 92532 (951) 201-7477 cell (951) 240-5752 hm (951) 253-7308 wk e-mail: ansb92532~vahoo.com (Term Expires 7/2009) ~ aJo 5/22/07 ~ THE CALIFORNIAN JUNE I, 2007 ""'- Commission stalwarts stepping down JOSE CARVAJAL STAFF WRITER LAKE ELSINORE Two of the original mem- bers of, the city's Public Safety Advisory Commis- sion, which already has a couple of seats opening up as the terms for two other members end this summer, are stepping down. Ron Hewison, who had served as the commission's chairman for the last couple of years, 'and Ray Knight, the commission's most re- cent vice chairman, each .unld city officials a couple of . ;weeks ago they would leave iimmediately. Both men, whose terms were to expire in 2009, cited ~ personal reasons for their decisions to resign. To fill their seats, City Councilman Bob Schiffner said Thursday, the City Council will likely draw from the pool of 10 candi- dates who applied for the two other seats that are opening. Schiffner is on a council subcommittee that will recommend which can- didates should be appoint- ed later this month. Hewison, who had gar- nered praise over the last year for his leadership of the panel, said he is step- ping down so he can focus more of his attention on Helping Our People in Elsi- nore, the nonprofit charity of which he is the executive director. ~ STALWARTS Continued from 8-1 under the leadership of Hewi- son, the commission has been particularly busy. It tackled a vari~~ of issues -:- including graffiti, large parties, parking and lakeshore safety - and recommended a slew of policy changes that the council end- ed up adopting. Knight said he was proud of the work the commission had done while he was on it. "It was a wonderful thing" Knight said. "We accor:..- plished a lot of great things." Before Hewison and ~t announced their resig- natIOns, the council had al- ~ HOPE has grown signifi- cantly . over the last couple of years, Hewison said, and is serving more and more meals to the needy. It's an all-volunteer organization, he noted, and it is demand- ing more and more of his time. "There are only so many hours in the day and I don't see any alternative," Hewi- son said. "Another two years would have been fun. But public service can be more than one thing. There are 10 people applying for' (the commission) and there ain't 10 applying for HOPE." Knight, for his part, said he was leaving because of illnesses in his family and his desire to focus his ener- ready begun the process of screening candidates for the two other seats that were opening up. The terms for Va- lerie Sund and Mike Norkin are expiring this summer. Sund and N orkin are among the 10 who have ap- plied for the open seats. Schiffner said the depar- tures of Hewison and Knight, along with the possibility of new appointees for the other se~ts, will definitely shake things up at the commission. "I think it's going to have quite an impact," he said. "But that's just the way it is." Contact staff writer Jose Carvajal at (951) 676-4315. Ext. 2624. or jcarvajal@californian.com. Comment at www.californian.com. gy there. "It boils down to priori- ties and my first priority is my family," he said. The reasons Hewison and Knight cited for step- ping down are understand- able, Schiffner said. "I can't criticize them for leaving;" he said. "But we'll be setto pick some people to take their place." Hewison and Knight were appointed by the council to the commission in 2004, when it was reincar- nated after a 17-year hiatus. The five-member panel meets once a month and members serve four-year terms. Over the last two years, ~ STALWARTS, 8-5 .: Print Version :. Page 1 of2 Editions of the North County Times Serving San Diego and Riverside Counties Wednesday, May 30, 2007 Contact Us "...... News Search Home News Subscribe eO...QC Send News BIog.AN MtcllilSubscrlbe Calnat Homes Job Web Search Classified Search Advertising Home Delivery Reader Services Traffic Stock! Sports Business Opinion Entertainment Features Columnists Cor Previous Issues Letters Obituaries Place An Ad Send Feec L~tilll f'flJ~~,J Wednesday, May 30, 2007 last modified Tuesday, May 29, 2007 11:53 PM PDT ,"\, ~ ,,1 \. ' " ~ '. f \ j l ~ Lake Elsinore council members praise balanced budget By: JOSE CARVAJAL - Staff Writer LAKE ELSINORE -- City Council members spent about an hour Tuesday discussing a proposed budget for the 2007-08 fiscal year, which begins July 1, and found little to be concerned with. About the biggest issue the council dealt with was whether to budget $10,000 for a local charity, Helping Our People in Elsinore, instead of $5,000. Council members went with the $10,000. ,...- Mayor Bob Magee was not at the meeting, but each of his colleagues registered their pleasure with the budget proposal. "We still have a balanced budget and that is a good thing," Councilman Thomas Buckley said. According to the state Department of Finance, lake Elsinore's population eclipsed 47,000 residents last year, which is up more than 6,000 from a year before that. To match the growth, the city is proposing to add three police officers to keep staffing levels where the council wants them. In February, council members voted to hire eight new police officers with part of a nearly $7 million windfall in revenues that city finance officials hadn't originally projected. The decision marked a shift in the council's policy on staffing levels at the Police Department, increasing its ratio from one officer for every 1,000 residents to 1.2 officers for every 1,000 residents. At the time, city finance officials said it would be difficult for the city to take on the additional officers. But they said they would attempt to craft a budget for next year that makes room for the additional officers. The budget plan discussed Tuesday does that and makes way for the three additional officers. Overall, it's a "fiscally responsible and accountable" budget, city Finance Director Matt Pressey told the council. Pressey's projections show revenues next year of $33.8 million, up 7 percent from this year. He is recommending $33.76 million in expenditures, up 8 percent over this year's spending. Among the biggest expected increases in revenues is a 42 percent spike in building permit fees. After hitting nearly $5.5 million two years ago, fee revenues are expected to drop substantially this year to $2.5 million. ~uilding officials expect those to tick up about $1 million next year. Sales taxes are also projected to increase steadily next year, about 6 percent to $8.7 million. http://www.nctimes.comJartic1es/2007/05/30/news/califomian/4 _03 _ 435_29_07 .prt 5/30/2007 .: Print Version :. Page 2 of2 The proposed budget calls for the city to maintain its reserves at $5 million and allows for it to keep $2.6 million "unallocated" as extra spending cash. By the end of this fiscal year, the city should have $8.3 million in unallocated reserves, but will have shifted $5.8 million of that into several capital improvement projects the council approved earlier this year. Under the proposal, the city would add several new positions, including an assistant fire marshal and a fire safety specialist. The positions, which would be contracted through the Riverside County Fire Department as all of the city's fire positions are, would help relieve the backlog of building inspections, city officials said. That duty is now handled through county fire officials rather than local officials. "'-' The positions would cost more than $160,000 next year, city officials said, but those costs would be offset by fees levied on builders who request inspections. Another position possibly being added is a beach program coordinator. Pat Kilroy, the city's lake operations director, said that position is part of a lake shoreline safety plan that was created a couple of years ago. The part-time coordinator would work weekends and would be "another set of eyes and ears" to assist in the case of an emergency at the lake, Kilroy said. The position would cost the city about $20,000 next year. Missing from the budget proposal is money for red-light cameras, which council members and Police Chief Louis Fetherolf discussed earlier this year. Fetherolf had said previously that he would likely come to the council with a proposal for the cameras, which would photograph motorists who run red lights, when discussions on next year's budget began. But he told the council Tuesday that the department is still studying how much the cameras will cost and that a proposal would be coming to the council in the next few months. __ Contact staff writer Jose Carvajal at (951) 676-4315, Ext. 2624, or jcarvajal@californian.com. ....., ......, http://www.nctimes.com/articles/2007/05/30/news/califomian/4_ 03 _435_29_ 07.prt 5/30/2007 Drowing in lake elsinore Page 1 of 1 Marlene Paltza /"'" From: Sent: To: Mary Bender [mbender@pe.com] Tuesday, May 29,200712:52 PM Marlene Paltza Cc: mbender@pe.com Subject: Drowing in lake elsinore Hi Marlene: Here's what was in today's paper -- it was a brief on page B-3. This hasn't been posted to our Web site yet, so that's why you couldn't find it. I'm not sure if we had anything in Monday's paper about this. I didn't work over the holiday weekend ... -- mary lake Elsinore Man who died saving girl at lake identified A man who drowned in Lake Elsinore was identified Monday as Jorge Oviedo, 28, of Los Angeles, according to the Riverside County Sheriff's Department. /"" Oviedo, who was relaxing at the lake with his family on Sunday, went to rescue a girl struggling to stay afloat in the lake. He helped her to safety, but was unable to swim himself and drowned, said Riverside County Sheriff's Sgt. Michael Yates. Deputies found the man in 15 feet of water, Yates said. -Sharon McNary smcnary@PE.com Mary Bender staff writer The Press-Enterprise 712 S. Main St. Corona, CA. 92882 (951) 893-2103 mbender@pe.com /"" 5/29/2007 Riverside County Sheriffs Department - Press Release Page 1 of 1 "-'" City of Lake Elsinore Police Department Press Release Date/Time Written: Sunday May 27, 2007 at 6:00 PM Type of Incident: Accidental Drowning Date/Time ofIncident: Sunday May 27, 2007 at 3:15 PM Location of Incident: 500 W. Lakeshore Dr. Reporting Officer: Sergeant Michael Yates File Number: L-07-147-101 On Sunday, May 27, 2007, at approximately 3:15 p.m., the Lake Elsinore Police Department received information of a possible drowning in the area of the Sea Port Launch Ramp (500 W. Lakeshore Dr.). Lake patrol deputies from the Lake Elsinore Station and members from the Lake Elsinore Marine Search and Rescue responded to the scene. Upon arrival they located a female in her twenties, from Los Angeles. This female advised that her boyfriend had entered the water and was now missing. Several good samaritan's also responded to the area and began to assist deputies in the search for the missing male subject. At approximately 3:35 p.m. Deputy Roger Doyle located the male subject at a water depth of 15 feet. Deputies Robert Guerrero and Jeff Hurd assisted Doyle in swimming the victim ashore. Paramedic's administered emergency medical aid and transported the victim to Inland Valley Medical Center, where he was pronounced dead at 4:33 p.m. '-' The investigation determined that the adult male was at the lake with his family when he noticed a young female child struggling to stay afloat in the water. The adult male went to the child's aid and assisted her to safety. Due to the fact he could not swim, the adult male was unable to stay afloat resulting in his drowning. The Riverside County Coroner's Office took custody of the drowning victim's remains pending family notification. Anyone with information regarding this incident is encouraged to contact the Lake Elsinore Station at (951 )245-3300. IJ.gm~ 'Eo !n!i2rmll!iQllC<m.!.CLDi@<;;(QIY 'Eo Prc~~B&IC_(l.'cJ!l.>k~ 'Eo This Press Release ~ http://www.riversidesheriff.org/press/07147101.htm 5/29/2007 .: Print Version :. Page 1 of 1 Editions of the North County Times Serving San Diego and Riverside Counties Friday, May 25.2007 Contact Us ~ News Search Home News Subscribe eO...QC Send Newt BIogs.AN Media SubscrilMi Calendar Homes Job Web Search Classified Search Advertising Home Delivery Reader Services Traffic Stock~ Sports Business Opinion Entertainment Features Columnists Cor Previous Issues Letters Obituaries Place An Ad Send Feec ~,;f~i9,tfl~g'~w,J Friday, May 25, 2007 Last modified Thursday, May 24, 2007 10:09 PM PDT '\,' I ,,' \",: \11 ... 10 apply for public safety commission By: The Californian LAKE ELSINORE ---- City officials will have 10 applicants to chose from when they select the next two members of the Public Safety Advisory Commission. With the terms of Mike Norkin and Valerie Sund expiring in June, the City Council is tasked with filling their seats. Commissioners serve on a voluntary basis and do so for four-year terms. r". Norkin, a local photographer, and Sund, who works for the local school district, are among the 10 who filed applications by last week's deadline. Also applying were: Chris Hyland, a longtime activist and former water board member; Nicole Dailey, a public relations specialist; AI Lyons, a retired volunteer for Lake Elsinore Marine Search and Rescue; William Titto, a retiree; Magda Stewart, a real estate agent; Dennis Stewart, a sound studio director and music ministry leader for a church; Mario Sanchez, who works for a medical supply distributor; and Dori Dixon, a local volunteer and graphic artist. The council is expected to select two of the 10 candidates for the commission in June. r" http://www.nctimes.com/articles/2007 /05/25/news/califomian/lake _ elsinore/21_ 49_515_2... 5/25/2007 .: Print Version :. Page 1 of2 Editions of the North County Times Serving San Diego and Riverside Counties Thursday. May 10, 2007 Contact Us News Search Home News Subscribe .O...QC.~ Send News BIagi AN MedIa SUbscribe Calend. Hon1I!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 [.,.gtIQ!,ggg~J Thursday, May 10, 2007 Last modified Wednesday, May 9, 2007 11:32 PM PDT "\ 'd"' ,,'. " '. : \.11 ' Lake Elsinore takes steps to create citizens corps By: JOSE CARVAJAL - Staff Writer LAKE ELSINORE -- The city's Public Safety Advisory Commission is taking steps toward creating a volunteer citizens corps to assist in the event of a large-scale emergency, such as a fire or flood. The commission voted unanimously Wednesday to set up a subcommittee to work with city staff members in crafting guidelines for the group. The committee, which will be made up of commission Chairman Ron Hewison and member Mike Norkin, will draw up a mission statement for the group, and will set up a governance structure and funding plan. ~ The subcommittee will report back to the full commission at its meeting next month. In agreeing to start the group, commission members said they would like to see the corps operate like the Temecula Citizens Corps, which has been around for nearly six years and has more than 200 members. "It's a great program," commission member Shawn Bhutta said. "I think we need to have it." The commission's decision came after a presentation from Cynthia Quigley of the Riverside County Fire Department's Office of Emergency Preparedness. There are nearly 2,200 citizens corps nationwide, she told the commission, and those serve more 213 million people. As Lake Elsinore continues to grow, she said, it is going to need something like a citizens corps to help should there be a catastrophic event. "Are you really prepared to handle those types of emergencies?" she asked commission members. Quigley gave an example of a time when the Temecula Citizens Corps was pressed into action. The group's usefulness became evident in 2003, she said, when a tornado touched down in the Redhawk community in Temecula. Before emergency responders arrived at the scene, Quigley said, a half dozen corps volunteers were already there, helping to identify the houses that had been touched by the tornado. That there was already someone there helping gather information proved to be a valuable resource to the authorities, she said. "It was a huge benefit," Quigley said. How a Lake Elsinore citizens corps would work depends on the vision local leaders have for the group, she also ~ told the commission. But there are several programs that it could institute, Quigley said, including offering emergency response training, creating a neighborhood watch and setting up a medical reserve team. http://www.nctimes.com/articles/2007/05/l0/news/califomian/lake elsinore/22 17 245 9... 5/10/2007 - - - - .: Print Version :. Page 2 0[2 "'" To pay for these, she said, the corps could apply for grants through the county. Hewison, for his part, said that he liked the idea of creating a citizens corps because it would take care of a couple of issues he has been concerned with over the last several years: establishing a citizens patrol and getting information to the public about what to do in the case of an emergency. He said that the city should look to Temecula to set up this group, he said. "If the template's out there, I think it's great," Hewison said. -- Contact staff writer Jose Carvajal at (951) 676-4315, Ext. 2624, or jcarvajal@californian.com. ",......... ",......... http://www.nctimes.com/artic1es/2007 /05/1 O/news/califomian/lake _ elsinore/22_17 _245_9... 5/1 012007 .: Print Version :. Page 1 of2 Marlene Paltza From: Marlene Paltza '-'" Sent: To: Friday, May 11,20079:45 AM Robert Magee; Robert Schiffner; Daryl Hickman; Genie Kelley; Thomas Buckley; Bob Brady; barbara@ceqa.com; Matt Pressey; Mark Dennis; Cathy Barrozo; Steven McCarty; Jessica Guzman; Ron Hewison Cc: Susan Reid; Marlene Paltza Subject: PSAC Commission Candidates List Light Editions of the North County Times Serving San Diego and Riverside Counties Contact Us NCTlt\.lES., OlD o..."c SInd News BIogsIW Media iNblcrlbe CalII'Id.f 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 Last modified Thursday, May 10, 2007 11:35 PM PDT Commission candidates list light By: JOSE CARVAJAL - Staff Writer '-'" LAKE ELSINORE -- With two seats opening up this summer on the Public Safety Advisory Commission, city officials put out a call two weeks ago for people interested in volunteering for the panel. With one week to go before applications are due, the response has been light. Only two people have turned in paperwork for the City Council-appointed positions, according to the city clerk's office. This wouldn't be the first time the city received lukewarm interest in the commission seats. In 2005, the council pushed back a deadline for applications for two open seats after only a couple of candidates filed theirs. Councilman Daryl Hickman doesn't think the city's headed for a repeat. He said Thursday that he has already spoken with several people who have said they are likely to apply and has heard of several others who are likely to do so. "I think some of them are just waiting for the last day," he said. Hickman is on a council subcommittee that will be selecting two candidates for final City Council approval from the pool of applicants. Commission members serve four-year terms and do so voluntarily. The five-member panel meets once a month and holds occasional study sessions. Applications are due at the city clerk's office by 4 p.m. May 18. They can be downloaded from the city's Web site, www.lake-elsinore.org.orpickedupattheclerk.sofficeatCityHall.130S.Main St. "..", Commission members must either reside in Lake Elsinore or own a business within its borders. 5/11/2007 .: Print Version :. Page 2 of2 Expiring are the terms for Valerie Sund and Mike Norkin, who was appointed as a replacement last year for a ~ departing member. Over the last two years, the commission, which was reincarnated in 2004 after a 17 -year hiatus, has been particularly busy. The panel has tackled a variety of issues -- including graffiti, large parties, parking and lakeshore safety -- and has recommended a slew of policy changes that the City Council has adopted. As the city begins the process of shaping the commission's membership, one longtime area resident and businessman would like to see the council appoint a lake-oriented person to the panel. That way, someone with first-hand knowledge of water safety issues could help shape policy that affects the lake, said Pete Dawson, who owns a boat repair business on part of the shoreline that falls outside of the city's borders. "So much of the city is the lake," he said. "It might make sense." Dawson suggested that the council create a designated seat on the commission for a lake-oriented person. He recommended the council create a seat for someone in Lake Elsinore Marine Search and Rescue, an all- volunteer group of which he is a member that augments the police department's lake patrol. While Hickman said it's a good idea to have a member on the commission with experience in lake issues, he also said he wasn't too keen on the idea of designating a specific seat on the panel for such a person because it wouldn't be fair to other constituencies that might want one of their own represented. And commission Chairman Ron Hewison, for his part, said he's been pushing to create a lake safety committee that could include commission members, pUblic safety officials and members of the volunteer search and rescue group. That could be the best way to bring lake-oriented individuals into the commission's fold, he said. ,........ Dawson said he liked that idea. "That is a neat idea," he said. "That might work." -- Contact staff writer Jose Carvajal at (951) 676-4315, Ext. 2624, or jcarvajal@californian.com. ,........ 5/11/2007 ~ CITY OF LAKE ELSINORE REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CHAIRMAN AND COMMISSION MEMBERS FROM: MARK DENNIS, INFORMA TION/COMMUNICA TIONS MANAGER DATE: JUNE 13, 2007 SUBJECT: INTERIM CHAIRPERSON SELECTION BACKGROUND This item is to designate an interim chairperson due to the recent resignations of the previous Chairman and Vice Chairman. DISCUSSION Two PSAC officers have recently resigned from the Commission: Chairman Hewison resigned on May 19th and Vice Chairman Knight resigned on May 21st. For the purposes of continuity, legal counsel has advised staff that the Commission may vote by consensus to appoint an interim Chairperson for the June and July meetings. ~ The annual reorganization of officers normally occurs in July, when a Chairperson and Vice Chairperson are nominated and voted upon by all five Commissioners. The interim Chairperson will have the duty to open the July meeting and call for nominations. New officers normally assume their duties immediately during the meeting. In July, should all five seats be filled, the normal reorganization schedule should be followed. However, in the event that the two PSAC vacancies have not been filled in time for the July 11 th PSAC meeting, it is recommended that the interim Chairperson continue and that the reorganization of officers be deferred until the August 8th meeting. FISCAL IMPACT None. RECOMMENDATION Appoint interim chairperson. ,-.... AGENDA REM Ill. e:< / PME I rI--L . " CITY OF LAKE ELSINORE REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CHAIRMAN AND COMMISSION MEMBERS FROM: MARK DENNIS, INFORMATION/COMMUNICA TIONS MANAGER DATE: JUNE 13, 2007 SUBJECT: OVERVIEW OF PROPOSED FY 2007-08 OPERATING AND CAPITAL IMPROVEMENT BUDGETS BACKGROUND Staffwill present highlights of the proposed operating and capital budget for Fiscal Year 2007-08. A $33.8 million balanced budget is being presented to the City Council for approval on June 12th. The new fiscal year begins July 1, 2007 through June 30, 2008. A PowerPoint overview is attached. DISCUSSION ~ The Director of Administrative Services, Matt Pressey, will present an overview of the FY 2007-08 operating budget, which was previously distributed to the City Council and Commission members and is scheduled to be adopted by the City Council on June 12th. The Capital Improvement Budget (CIP) will be considered separately by the City Council at its regular meeting on June 26th. PSAC recommendations that are included in the FY07-08 and CIP budgets include: · Additional Code Enforcement staffing (1 full-time supervisor position added); · Additional support ofPSAC (part-time contract administrative coordinator approved at mid- year FY 07-08 and carried forward in FY 07-08); · Capital Improvement surveillance ($25,000 anti-vandalism monitoring pilot study). FISCAL IMPACT As shown in the FY 2007-08 Operations and CIP budgets. RECOMMENDATION ~, Discussion. AGENDA ITEM NO. PAGE ~~ / OFL ATTACHMENT A ~ '" r--- ,........ old the Line Budget Instructions ublic Safety is Top Priority 500/0 of GF increase from police budget alone Total increase in police budget was $1,231,600 Public Safety is 400/0 of the total GF budget Sworn officers increased 240/0 from adopted 2006..07 budget compared population growth 1 ~ '-' '-' 2 ,- ~ --- 3 ..""" ....." ....." 4 " /""' /""' 5 """-' """-' ....., 6 /'" ~ - 7 ....." ~ ....." 8 .~ ~ ~ 9 ..., ..., ..., 10 " ~ -- 11 ~ CITY OF LAKE ELSINORE REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CHAIRMAN AND COMMISSION MEMBERS FROM: MARK DENNIS, INFORMATION/COMMUNICATIONS MANAGER DATE: JUNE 13, 2007 SUBJECT: TOBACCO RETAIL LICENSING ORDINANCE NO. 838 (COUNTY OF RIVERSIDE): ENCOURAGE ADOPTION OF IDENTICAL ORDINANCE BACKGROUND A request by the County of Riverside Tobacco Retail Licensing Program to adopt an ordinance identical to Riverside County ordinance No. 838 requiring merchants who sell tobacco to obtain a license from the County Department of Public Health and defer to the County for all oversight, regulation and enforcement. "....... DISCUSSION Under state law, it is illegal to sell tobacco to anyone under age 18. California state law also requires those who sells tobacco to check the ID of anyone who looks under age 27. Despite these requirements, according to county health statistics, Riverside County has an unacceptably high rate oftobacco sales to minors: 44%. Lake Elsinore's rate of illegal sales has ranged from 31 % to 48%. On September 13,2005, the Riverside County Board of Supervisors passed ordinance No. 838 which establishes a licensing program to motivate merchants not sell tobacco to minors under 18 under risk of penalty and to always check for proper identification. The annual license fee is currently $350. (See attachment "A.") Robert S. Peterson serves as the County's Tobacco Retail Licensing Program Director. The license program pays for oversight, regulation and enforcement entirely by Riverside County. Mr. Peterson has successfully encouraged ten cities, including the cities of Corona, Murrieta and Temecula, to adopt identical ordinances. Statistics show up to a 95% decline in sales to minors within the first six months to a year in those jurisdictions that have adopted licensing. FISCAL IMPACT ~ There is no net cost to the City because licensing fees support County regulation, oversight and enforcement. The only direct cost to the City is for staff and legal time in preparing a City ordinance AGENDA rTEM NO. PAGE ~3 / OF~ Public Safety Advisory Commission Item 23 (continued) June 13, 2007 Page 2 of2 ......, identical to County ordinance no. 838. RECOMMENDATION Direct legal counsel to prepare and forward PSAC recommendation to City Council for consideration. ......, ......, AGENDA ITEM NO. d< 3 PAGE c:< OF ~ ,........1 2 3 4 ATTACHMENT A ORDINANCE NO. 838 AN ORDINANCE OF THE COUNTY OF RIVERSIDE REGARDING THE LICENSURE OF TOBACCO RETAILERS 5 The Board of Supervisors of the County of Riverside Ordains as Follows: 6 Section 1. PREAMBLE. 7 Prior to the adoption of this ordinance, the Board of Supervisors reviewed the following 8 Statistics: 9 10 11 12 13 ,.-... 15 16 17 18 19 20 21 22 23 24 25 26 -'""' 28 a. Minors obtain cigarettes and other tobacco products at alarming rates. Each year, an estimated 924 million packs of cigarettes are consumed by minors 12 to 17 years of age, yielding the tobacco industry $480 million in profits from underage smokers nationwide. In Riverside County, 10,000 teens light up for the first time and b. purchase 5 million packs of cigarettes a year. In a 2004 California youth-buying survey, 12% of retailers surveyed unlawfully c. sold tobacco product to minors. The rate of tobacco sales to minors in Riverside County is one of the highest in the State at 44%. d. 88% of adults who have ever smoked tried their first cigarette by the age of 18, and the average age at which smokers try their first cigarette is 1412. e. A requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the County to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco-related laws. f. 65% of California's key opinion leaders surveyed support implementation of tobacco-licensing requirements. 1 Section 2. PURPOSE AND INTENT. Riverside County has a substantial interest in 2 promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in 3 discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws 4 prohibiting sales of cigarettes and tobacco products to minors; and finally, and most importantly, in 5 protecting children from being lured into illegal activity through the misconduct of adults. It is the intent 6 of this ordinance to encourage responsible tobacco retailing and to discourage violations of tobacco- 7 related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to 8 minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are 9 criminally proscribed or to alter the penalty provided therefore. 10 Section 3. DEFINITIONS. For the purposes of this ordinance, the following words and 11 terms shall have the following meanings: 12 a. "Arm's Length Transaction" shall mean: a sale in good faith and for valuable 13 consideration that reflects the fair market value in the open market between two 14 informed and willing parties, neither under any compulsion to participate in the 15 transaction. A sale between relatives, related companies or partners, or a sale for 16 the primary purpose of avoiding the effect of the violations of this Ordinance is 17 presumed not to be an Arm's Length Transaction. 18 b. "Department" shall mean: County Health Officer or his or her designee. 19 c. "Person" shall mean: any natural person, partnership, cooperative association, 20 corporation, personal representative, receiver, trustee, assignee, or any other legal 21 entity. 22 d. "Proprietor" shall mean: a Person with an ownership or managerial interest in a 23 business. An ownership interest shall be deemed to exist when a Person has a ten 24 percent (10%) or greater interest in the stock, assets, or income of a business other 25 than the sole interest of security for debt. A managerial interest shall be deemed to 26 exist when a Person can or does have, or can or does share, ultimate control over 27 the day-to-day operations of a business. 28 e. "Self-Service Display" shall mean: the open display of Tobacco Products or 2 ..........1 2 3 4 5 6 7 8 9 10 II 12 13 .......... 15 16 17 18 19 20 21 22 23 24 25 26 .......... 28 Tobacco Paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A Vending Machine is a form of Self-Service Display. f. "Smoking" shall mean: possessing a lighted Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a lighted pipe, lighted cigar, or lighted cigarette of any kind), the lighting of a Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a pipe, cigar, or cigarette of any kind). g. "Tobacco Paraphernalia" shall mean: cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of Tobacco Products. h. "Tobacco Product" shall mean: (1) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product specifically approved by the Federal Food and Drug 1. Administration for use in treating nicotine or tobacco product dependence. "Tobacco Retailer" shall mean: any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia; "Tobacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, Tobacco Products, or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 4. a. b. TOBACCO LICENSE PREREQUISITE; APPLICATION PROCESS. It shall be unlawful for any Person to act as a Tobacco Retailer without first obtaining and maintaining a valid Tobacco Retailer's license pursuant to this Ordinance for each location at which that activity is to occur. Tobacco Retailing without a valid Tobacco Retailer's license shall constitute a public nuisance. A Tobacco Retailer or Proprietor without a valid Tobacco Retailer license, including, for example, a revoked license: 1. Shall keep all Tobacco Products and Tobacco Paraphernalia from public view. The public display of Tobacco Products or Tobacco Paraphernalia in violation of this provision shall constitute an "offer for sale" for the purposes of Section S.c. 2. Shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer's location or that would lead a reasonable consumer to believe that such products can be obtained at the Tobacco Retailer's location. Nothing in this ordinance shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the right to act as a Tobacco Retailer at the location in the County identified on the face of the license. For example, nothing in this ordinance shall be construed to render inapplicable, supercede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by California Labor Code section 6404.5. Application for a Tobacco Retailer's license shall be submitted in the name of each Proprietor proposing to conduct retail tobacco sales and shall be signed by each Proprietor or an authorized agent thereof. It is the responsibility of each Propriet( to be informed of the laws affecting the issuance ofa Tobacco Retailer's license. A 4 c. d. ~ 2 3 4 5 6 7 8 9 10 11 12 13 ~ 15 16 17 18 19 20 21 f. 22 g. 23 24 25 26 ~ 28 license that is issued in error or on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section 10.d. of this ordinance. e. In addition to any other penalty under this ordinance a Person found to have engaged in Tobacco Retailing without a valid Tobacco Retailers license shall be ineligible to apply for or be issued a Tobacco Retailing license according to the following: 1. After a first violation for a Person within any sixty-month (60) period, no new license may issue for the Person as a Proprietor until thirty (30) days have passed from the date of last violation. 2. After a second violation for a Person within any sixty-month (60) period, no new license may issue for the Person as a Proprietor until ninety (90) days have passed from the date of last violation. 3. After three or more violations for a Person within any sixty-month (60) period, no new license may issue for the Person as a Proprietor until five (5) years have passed from the date of last violation. Each day that a Person engages in Tobacco Retailing without a valid 4. Tobacco Retailers license shall constitute a separate violation. Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this ordinance are subject to seizure and forfeiture. Forfeited Tobacco Products and Tobacco Paraphernalia shall be destroyed. All applications shall be submitted on a form supplied by the Department and shall contain the following information: 1. 2. The name, address, and telephone number of each Proprietor. The business name, address, and telephone number of the single fixed location for which a Tobacco Retailer's license is sought. 3. The name and mailing address authorized by each Proprietor to receive all license-related communications and notices (the "Authorized Address"). If 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 5. a. an Authorized Address is not supplied, each Proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph 2. above. 4. Proof that the location for which a Tobacco Retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization. 5. Whether or not any Proprietor is a Person who has been determined to have violated this ordinance or has been a Proprietor at a location that has been determined to have violated this ordinance and, if so, the dates and locations of all such violations. 6. Such other information as the Department deems necessary for the administration or enforcement of this ordinance. LICENSE ISSUANCE; STANDARDS. No license may issue to authorize Tobacco Retailing at other than a fixed location For example, Tobacco Retailing by Persons on foot and Tobacco Retailing from vehicles are prohibited. Upon the receipt of an application for a Tobacco Retailer's license and the license fee, the Department shall issue a license unless substantial record evidence demonstrates that one of the following bases for denial exists: 1. The application is incomplete or inaccurate. 2. The application seeks authorization for Tobacco Retailing at a location for which a prohibition on issuing licenses is in effect pursuant to Section 10.b. ofthis ordinance. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the County with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an Arm's Length Transaction. b. 6 ~ 2 3 4 5 6 7 8 9 10 11 12 13 Section 6. ~ 15 16 17 18 19 20 21 22 23 24 25 26 /'"'" b. Section 7. a. 28 3. The application seeks authorization for Tobacco Retailing for a Proprietor for which a prohibition on issuing licenses is in effect pursuant to Section 10.b. of this ordinance. 4. The application seeks authorization for Tobacco Retailing that is prohibited pursuant to Section 5.a. of this ordinance, that is unlawful pursuant to any other County ordinance, or that is unlawful pursuant to any other local, state, or federal law. LICENSES NONTRANSFERABLE. a. A Tobacco Retailer's license is nontransferable. If the information required in the license application pursuant to Section 4.g. 1.,2., or 3. changes, a new Tobacco Retailer's license is required before the business may continue to act as a Tobacco Retailer. For example, if a Proprietor to whom a license has been issued changes business location, that Proprietor must apply for a new license prior to acting as a Tobacco Retailer at the new location. Or if the business is sold, the new owner must apply for a license for that location before acting as a Tobacco Retailer. Notwithstanding any other provision of this ordinance violations accumulated against a location or business shall continue to be counted against the location or business unless the location or business has been transferred to a new Proprietor and the new Proprietor provides the County with documentation demonstrating by clear and convincing evidence that the new Proprietor has acquired or is acquiring the location or business in an Arm's Length Transaction. FEES FOR LICENSE. A Tobacco Retailer license is invalid unless the appropriate fee has been paid in full and the term of the license has not expired. The term of a Tobacco Retailer license is one (1) year. Each Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer's license no later than thirty (30) days prior to expiration of the term. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 8. a. Section 9. b. OTHER REQUIREMENTS AND PROHIBITIONS. DISPLAY OF LICENSE. Each license shall be prominently displayed in a publicly and readily visible location at the licensed location. POSITIVE IDENTIFICATION REQUIRED. No Person shall engage in Tobacco Retailing without first examining the identification of the purchaser, if the purchaser reasonably appears under the age of twenty-seven (27) years old, and confirming that the proposed sale is to a purchaser who is at least the minimum age in state law for being sold the Tobacco Product or Tobacco Paraphernalia. MINIMUM AGE FOR PERSONS SELLING TOBACCO. No Person shall engage in Tobacco Retailing if the Person is younger than the minimum age in state law for being sold or for possessing any Tobacco Product. SELF-SERVICE DISPLAYS PROHIBITED. No Person shall display Tobacco Products or Tobacco Paraphernalia by means of a Self-Service Display or to engage in Tobacco Retailing by means of a Self-Service Display. A Tobacco Retailer who chooses to display Tobacco Products or Tobacco Paraphernalia in a locked cabinet, case or similar structure must post a clear and conspicuous sign on or within five feet of the display stating that the cabinet, case or structure is locked at all times. LICENSE VIOLATION. VIOLATION OF TOBACCO-RELATED LAWS. It shall be a violation of a Tobacco Retailer's license for a licensee, including his or her agent or employee, to violate any of the following laws: 1. Any local, state, or federal tobacco-related law. 2. Local, state, or federal sign laws. 3. Local, state, or federal laws restricting the age of purchase for any product. LICENSE COMPLIANCE MONITORING. 1. Compliance with this ordinance shall be monitored by the Department. Any peace officer may enforce the penal provisions of this ordinance. 2. The Department shall check the compliance of each Tobacco Retailer at 8 c. d. a. b. ~ 2 3 4 5 6 7 8 9 10 11 12 13 least three (3) times per twelve (12) month period. The Department may check the compliance of Tobacco Retailers previously found to be in compliance a fewer number of times so that the Department may check the compliance of Tobacco Retailers previously found in violation a greater number of times. 3. Compliance checks shall determine, at a minimum, if the Tobacco Retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other tobacco-related laws. The County shall not enforce any tobacco-related minimum-age law against a Person who otherwise might be in violation of such law because of the 4. Person's age (hereinafter "Youth Decoy") if the potential violation occurs when: ,,- 15 16 17 18 19 20 21 the Youth Decoy is participating in a compliance check supervised by a peace officer or a code enforcement official; or the Youth Decoy is participating in a compliance check funded in part, either directly or indirectly through sub-contracting, by the county Department of Health and Human Services or funded in part, either directly or indirectly through sub-contracting, by the California Department of Health Services. NO CONTEST PLEA. A plea of "no contest" or its equivalent by a Tobacco 11. 1. c. 22 Retailer for a violation of any law designated in subsection (a) above shall operate as an admission that this ordinance has been violated for the purposes of license 23 24 revocation. 25 Section 10. REVOCATION OF LICENSE. 26 a. REVOCA nON OF LICENSE FOR VIOLATION. ,,- 1. In addition to any other penalty authorized by law, a Tobacco Retailer's license shall be revoked if the County Hearing Officer finds, after notice to 28 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. the licensee and opportunity to be heard, that the licensee, including his or her agents or employees, has violated any of the requirements, conditions, or prohibitions of this ordinance (hereinafter "License Violation"). No attorney may take part in the defense of a license revocation proceeding unless the attorney's participation meets any exception for attorneys appearing in small claims court under California Code of Civil Procedure section 116.530. This prohibition shall not apply ifthe County elects to be represented by an attorney in the proceeding and notice of the election is include in the notice given pursuant to subsection (1) above. For a first or second alleged License Violation within any sixty-month (60) period, the County Counsel may engage in settlement negotiations and may enter into a settlement agreement with a Tobacco Retailer alleged to have violated this ordinance without approval from the Board of Supervisors. Settlements shall not be confidential and shall contain the following minimum terms: After an alleged first License Violation at a location within any sixty-month (60) period: a. An agreement to stop acting as a Tobacco Retailer for at least one (1) day; b. A settlement payment to the County of at least one thousand dollars ($1000); and c. An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations. After an alleged second License Violation at a location within any sixty- month (60) period: a. an agreement to stop acting as a Tobacco Retailer for at least ten (10) days; 1. 11. 10 ~ 2 3 4 5 6 7 8 9 10 11 12 13 ----- 15 16 17 18 19 20 21 22 23 24 25 26 ----- 28 b. a settlement payment to the County of at least five thousand dollars ($5000); and c. an admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations. b. NEW LICENSE AFTER REVOCATION FOR VIOLATION. 1. After a first License Violation at a location within any sixty-month (60) period, no new license may issue for the location until ten (10) days have passed from the date of the last revocation or violation, whichever is later. 2. After a second License Violation at a location within any sixty-month (60) period, no new license may issue for the location until thirty (30) days have 3. passed from the date of the last revocation or violation, whichever is later. After of a third License Violation at a location within any sixty-month (60) period, no new license may issue for the location until ninety (90) days have passed from the date of the last revocation or violation, whichever is later. 4. After four or more License Violations at a location within any sixty-month (60) period, no new license may issue for the location until five (5) years have passed from the date of the last revocation or violation, whichever is later. c. EXPIRATION OF LICENSE. A Tobacco Retailer's license that is not timely renewed pursuant to Section 7.a. shall expire at the end of its term. To reinstate a license that has expired due to the failure to timely pay the renewal fee, the proprietor must: 1. Submit the renewal fee plus a reinstatement fee of ten percent (10%) of the renewal fee. 2. Submit a signed affidavit affirming that the Proprietor has not sold any Tobacco Product or Tobacco Paraphernalia during any period that the license was expired. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. REVOCATION OF LICENSE ISSUED IN ERROR. A Tobacco Retailer's license shall be revoked if the Department finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license under Section 5. b. existed at the time application was made or at anytime before the license issued. The revocation shall be without prejudice to the filing of a new application for a license. Section 11. ENFORCEMENT. The remedies provided by this ordinance are cumulative and in addition to any other remedies available at law or in equity. a. Whenever evidence of a violation of this ordinance is obtained in part through the participation of a Person under the age of eighteen (18) years old, such a Person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this ordinance and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. b. Violations of this ordinance are subject to a civil action brought by the District Attorney or County Counsel, punishable by: 1. A fine not less than two hundred fifty dollars ($250) and not exceeding one thousand dollars ($1000) for a first violation in any sixty-month (60) period; or 2. A fine not less than one thousand five hundred dollars ($1500) and not exceeding two thousand five hundred dollars ($2,500) for a second violation in any sixty-month (60) period; or 3. A fine not less than three thousand dollars ($3,000) and not exceeding ten thousand dollars ($10,000) for a third or subsequent violation in any sixty- month (60) period. c. Violations of this ordinance may, in the discretion of the District Attorney or County Counsel, be prosecuted as infractions or misdemeanors. 12 ...-.-t ...-.- 15 16 17 18 19 20 21 22 23 24 25 26 ...-.- d. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this ordinance shall constitute a violation. 2 3 4 5 6 7 8 9 10 11 12 13 e. Violations of this ordinance are hereby declared to be public nuisances. In addition to other remedies provided by this ordinance or by other law, any violation of this ordinance may be remedied by a civil action brought by the County=Counsel, including, but not limited to, administrative or judicial nuisance f. abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. Section 12. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The Board of Supervisors of the County of Riverside hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. G:\Property\MDKing\Tobacco Ord.041305.doc 28 13 /"'"' CITY OF LAKE ELSINORE REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CHAIRMAN AND COMMISSION MEMBERS FROM: MARK DENNIS, INFORMATION/COMMUNICATIONS MANAGER DATE: JUNE 13, 2007 SUBJECT: CITIZEN CORPS SUBCOMMITTEE ALTERNATE BACKGROUND This item is to designate an alternate to fill a vacancy on the Citizen Corps subcommittee. DISCUSSION At the May 9th PSAC meeting, Commissioners Hewison and Norkin and were appointed to serve on a new Citizen Corps subcommittee. The subcommittee has not yet met because of the subsequent vacancy with the resignation of Chairman Hewison on May 19th. /"'"' In addition to appointing a subcommittee alternate, staff would recommend that in future, whenever a subcommittee is created, an alternate also be designated, to ensure continuity should any member be unable to continue in his/her appointed duties. FISCAL IMP ACT None. RECOMMENDATION Appoint subcommittee alternate. /"'"' AGENDA ITEM NO. PAGE :21 / OF-L .