City Hall Council Chamber
1515 Sixth Street, Coachella, California
(760) 398-3502 www.coachella.org
AGENDA
OF A REGULAR MEETING
OF THE
CITY OF COACHELLA
BUILDING/CODE ENFORCEMENT/PUBLIC SAFETY SUB-COMMITTEE
June 28, 2022
3:30 PM
PURSUANT TO EXECUTIVE ORDER N-29-20, THIS MEETING WILL BE CONDUCTED BY
TELECONFERENCE AND THERE WILL BE NO IN-PERSON PUBLIC ACCESS TO THE MEETING LOCATION.
YOU MAY SUBMIT YOUR PUBLIC COMMENTS TO THE PUBLIC SAFETY SUB-COMMITTEE ELECTRONICALLY. MATERIAL MAY BE EMAILED TO [email protected], TRANSMITTAL PRIOR TO THE START OF THE MEETING IS REQUIRED. ANY CORRESPONDENCE RECEIVED
DURING OR AFTER THE MEETING WILL BE DISTRIBUTED TO THE PUBLIC SAFETY SUB-COMMITTEE AND RETAINED FOR THE OFFICIAL RECORD.
YOU MAY PROVIDE TELEPHONIC COMMENTS BY CALLING THE PLANNING DEPARTMENT AT (760)-398- 3102 NO LATER THAN 2:00 P.M. THE DAY OF THIS MEETING TO BE ADDED TO THE PUBLIC COMMENT QUEUE. AFTER JOINING THE LIVE WEBINAR AND AT THE APPROPRIATE TIME, YOU WILL BE SIGNALED INTO THE WEBINAR SO THAT YOU MAY PROVIDE YOUR PUBLIC TESTIMONY TO THE PUBLIC SAFETY SUBCOMMITTEE OR YOU CAN CHOOSE TO BE CALLED AND YOUR COMMENT CAN BE ACCEPTED THAT WAY.
City of Coachella is inviting you to a scheduled Zoom meeting.
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CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
APPROVAL OF AGENDA:
1 Agenda Building/Code Enforcement/Public Safety Sub-Committee June 28, 2022
“AT THIS TIME THE COMMITTEE MAY ANNOUNCE ANY ITEMS BEING PULLED FROM THE AGENDA OR CONTINUED TO ANOTHER DATE OR REQUEST THE MOVING OF AN ITEM ON THE AGENDA.” APPROVAL OF THE MINUTES:
1. Public Safety Sub Committee Minutes of March 29, 2022.
PRESENTATIONS:
2. Fire Alarm Ordinance Review
3. Maintenance and Landscaping - Commercial Buildings and Shopping Centers
4. Opticom Emergency Response Discussion
5. Citywide Special Event Regulations
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):
PUBLIC COMMENTS (NON-AGENDA ITEMS):
“THE PUBLIC MAY ADDRESS THE COMMITTEE ON ANY ITEM OF INTEREST TO THE PUBLIC THAT IS NOT ON THE AGENDA, BUT IS WITHIN THE SUBJECT MATTER JURISDICTION THEREOF. PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES.”
ADJOURNMENT:
Complete Agenda Packets are available for public inspection at the City Clerk’s Office at 53-462 Enterprise Way, Coachella, California, and on the City’s website www.coachella.org.
THIS MEETING IS ACCESSIBLE TO PERSONS WITH DISABILITIES 2 MINUTES
OF A REGULAR MEETING
OF THE
CITY OF COACHELLA
City Hall Council Chamber
1515 Sixth Street, Coachella, California
(760) 398-3502 + www.coachella.org
BUILDING/CODEENFORCEMENT/PUBLIC SAFETY SUB-COMMITTEE
March 29, 2022
3:30 PM
CALL To ORDER:
The Regular Meeting of the Building/Code Enforcement/Public Safety Sub-committee of the City of Coachella was called to order at 3:32 p.m. by Chair Beaman Jacinto.
ROLL CALL:
Present: Committee Member Delgado and Chair Beaman Jacinto.
Pursuant to Executive Order N-29-20 pertaining to the coronavirus/COVID-19, this meeting was conducted entirely by teleconference/electronically with no in-person public accessto the meeting location.
APPROVAL OF AGENDA:
There were no modifications to the agenda.
Motion: To approve the agenda as presented
Made by:
Seconded by:
Approved:
Committee Member Delgado
Chair Beaman Jacinto
2-0 by a unanimous voice vote
APPROVAL OF MINUTES
1. Regular Meeting Minutes for the Building/Code and Public Safety Sub Committee of March 17, 2021.
Motion: To approve the minutes as presented
Made by:
Seconded by:
Approved:
Committee Member Delgado
Chair Beaman Jacinto
2-0, by a unanimous voice vote
3 Item 1.
Minutes
PRESENTATIONS:
Building/Code Enforcement/Public Safety Sub-Committee March 29, 2022
2. Ordinance Discussion: False Alarms.
Chief De La Cruz narrated a presentation on False Alarms Issue and the item was continued to the next subcommittee meeting. A copy of the presentation is on file in the Public Safety Sub-Committee.
3. Automated License Plate Reader (ALPR).
Lt. Vasquez narrated a presentation on the Automated License Plate Reader. A copy of the presentation is on file in the Public Safety Sub-Committee.
4. Sheriff’s Services Discussion: Additional Services – Traffic/Speeding Enforcement.
Lt. Vasquez narrated a presentation on the Additional Services – Traffic/Speeding Enforcement item. A copy of the presentation is on file in the Public Safety
Sub-Committee.
5. City Condition/Specifications: Speed Bump Design (Fire Department).
Chief De La Cruz narrated a power point presentation on the Speed Bump Design item. A copy of the presentation is on file in the Public Safety Sub-Committee.
NEW BUSINESS CALENDAR (LEGISLATIVE AND ADMINISTRATIVE):
None.
PUBLIC COMMENTS (NON-AGENDA ITEMS):
None.
ADJOURNMENT:
There being no further business to come before the Committee, Chair Beaman Jacinto adjourned the meeting at 3:47 p.m.
Respectfully Submitted by,
________________________
Elsa Corona
Building/Code Enforcement/Public Safety Sub-Committee Secretary 4 Item 1.
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COACHELLA, CALIFORNIA, ADDING CHAPTER 9.28
REGULATION OF FALSE ACTIVATIONS OF FIRE,
BURGLARY, AND ROBBERY ALARMS (First Reading)
WHEREAS, the City of Coachella’s law enforcement and fire personnel respond to an increasing number of false alarm calls per year, requiring limited public safety resources to be used for false alarm calls rather than other priority public safety calls for service; and, WHEREAS, the City Council seeks to set forth regulations and assessments addressing excessive public safety responses necessitated by false alarms.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COACHELLA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.
SECTION 2. Amendment to Municipal Code. Chapter 9.28 Regulation of False Activations of Fire, Burglary, and Robbery Alarms is hereby added to the Coachella Municipal Code as follows:
“Chapter 9.28
REGULATION OF FALSE ACTIVATIONS OF FIRE,
BURGLARY, AND ROBBERY ALARMS
9.28.010 Definitions.
The terms used in this chapter have the meanings set forth below:
“Alarm system” means any device designed for the detection of a fire, or detection of any unauthorized entry on premises or for alerting others of the commission of an unlawful act or both, and when activated, emits a sound and/or transmits a signal to indicate that an emergency exists, and to which peace officers and/or fire officers are expected to respond. “Alarm user” means any person using an alarm system at his or her place of business, residence or property.
“City” means the City of Coachella.
“False alarm” means the activation of an alarm system resulting in a response by a first responder when an emergency situation does not reasonably appear to exist; provided, that alarm activations generated by natural disaster or other violent conditions of nature not subject to the control of the alarm user shall not constitute a false alarm. 5 Item 2.
“Fire Department” means the CALFIRE/Riverside County Fire Department officers as designated by the City for fire protection.
“First responders” means Riverside County Sheriff or Riverside County Fire Department officers as designated by the City for law enforcement or fire protection. “Person” means natural person, firm, partnership, association or corporation. “Police Department” means the Sheriff’s Department of the County of Riverside providing law enforcement services to the City.
“Service assessment” means a fee paid to the City after an excessive number of false alarms within the specified period of time based on the cost of service to the City.
9.28.020 Prohibitions.
A. No person shall use or cause to be used any telephone device or telephone attachment that automatically selects a public telephone trunk line to the Police Department and then reproduces any prerecorded message to report any unlawful act or other emergency.
B. All alarm systems sold for installation and installed within the City shall utilize approved Underwriters Laboratories or equivalent rated and protected equipment.
C. No person shall operate or use, or cause to be operated or used, any alarm system that emits a sound like that of any emergency vehicle siren or civil defense warning system.
D. No person shall operate or use, or cause to be operated or used, an alarm system designed to report an armed robbery (as defined in California Penal Code Section 211 et seq.) for any purpose other than reporting robberies or other crimes involving potential immediate serious bodily injury or death.
E. No person shall knowingly turn in a false alarm. This section does not prohibit a test of an alarm system if procedures are taken to ensure that the Police Department and/or Fire Department is notified of the intended test prior to the activation.
9.28.030 False alarm procedures.
If first responders determine that a false alarm has occurred, the officer responding to the alarm shall leave a notice at the premises which shall include the date and time of the response and a statement that the alarm was a “false alarm.” The notice shall also state that the user should act to correct the causative problems and a warning that more than two false alarms, including, but not limited to, more than two false fire alarms, or false robbery or burglar alarms, in any 12- month period is excessive.
6 Item 2.
9.28.040 Excessive false alarms and service assessment.
A. Three or more false alarms within a 12-month period, commencing from the date of the first false alarm, is deemed an excessive number of false alarms.
B. Multiple activations of an alarm system within a single calendar day shall count as only one false alarm for the purposes of this chapter.
C. A service assessment shall be paid to the City by an alarm user after an excessive number of false alarms have been received from a business, residence or property.
D. The amount of the service assessment shall be set according to resolution adopted by the City Council.
9.28.050 Violations and payment of service assessment.
A. Violations and payment of a service assessment as provided in this chapter may be enforced pursuant to the provisions of Chapter 3.20 of this code.
B. Payment of a service assessment shall not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the citation.
9.28.060 Appeal.
A citation for violation of this chapter may be appealed pursuant to the provisions of Chapter 3.28 of this code.
SECTION 3. CEQA Analysis. This Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) of the State’s CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3), as the action will not result in either a direct or reasonably foreseeable indirect physical change in the environment, and Section 15060(c)(3) of the CEQA Guidelines, as the action is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly because this Ordinance does not involve any commitment to a specific project which may result in potentially significant physical impact on the environment.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
SECTION 5. Publication and Effective Date. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to published or posted as required by law, which shall take full force and effect thirty (30) days from its adoption. 7 Item 2.
PASSED, APPROVED, AND ADOPTED this ______ of _____________, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Steven Hernandez, Mayor
City of Coachella
ATTEST:
___________________________________
Angela M. Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
___________________________________
Carlos Campos, Best Best & Krieger LLP
City Attorney
8 Item 2.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COACHELLA, CALIFORNIA ESTABLISHING AND
AUTHORIZING A FINE SCHEDULE TO IMPLEMENT
COACHELLA MUNICIPAL CODE CHAPTER 9.28
REGULATION OF FALSE ACTIVATIONS OF FIRE,
BURGLARY, AND ROBBERY ALARMS
WHEREAS, on __________________, the City Council of the City of Coachella (“City Council”) enacted Ordinance ________ adopting a regulatory scheme for administering and managing the City of Coachella’s (“City”) response to alarms which has been codified as Chapter 9.28 of the Coachella Municipal Code (“Municipal Code”); and WHEREAS, the goal of Municipal Code Chapter 9.28 is to reduce the dangers and inefficiencies associated with false alarms and to encourage alarm companies and property owners to maintain and properly use alarm systems, and to reduce false alarm dispatch requests; and
WHEREAS, Municipal Code Chapter 9.28 provides that the City Council shall adopt by resolution false alarm fines; and
WHEREAS, Government Code section 66018 provides that prior to adopting certain fees the City must provide notice and conduct a public hearing; and WHEREAS, the City complied with Government Code section 66018 prior to imposing the fines set forth in this Resolution.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Coachella, California does hereby resolve and order as follows:
SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.
SECTION 2. Fee Schedule. Pursuant to Chapter 9.28 of the Coachella Municipal Code, the following fee schedule is hereby approved for collection as shown below:
First False Alarm No Charge
Second False Alarm No Charge
Third (or More) False Alarm within a 12-month Period Fine $_______.00 SECTION 3. Severability. If any provision, clause, sentence or paragraph of this Resolution or the application thereof to any person or circumstances shall be held invalid, such 9 Item 2.
invalidity shall not affect the other provisions of this Resolution, which can be given effect without the invalid provision or application and, to this end, the provisions of this Resolution are hereby declared to be severable.
SECTION 4. CEQA. The fees established by this Resolution are statutorily and categorically exempt from the requirements of the California Environmental Quality Act since establishing these fees fits within the statutory exemption for local agency decisions involving the establishment and approval of rates, tolls and other charges necessary to meet operating expenses, pursuant to Public Resources Code Section 21080(b)(8) and Section 15273 of the California Environmental Quality Act Guidelines.
SECTION 5. Certification. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Coachella on this _________ day of _______________, 2022, by the following vote, to wit.
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Steven Hernandez, Mayor
City of Coachella
ATTEST:
___________________________________
Angela M. Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
10 Item 2.
___________________________________
Carlos Campos, City Attorney
11 Item 2.