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HomeMy WebLinkAboutMinutes - Public Safety Commission 11/12/2014Y CITY OF PALM DESERT CITY MANAGER'S OFFICE INTEROFFICE MEMORANDUM TO: Rachelle D. Klassen, City Clerk FROM: Donna Evans, Administrative Secretary DATE: January 23, 2015 SUBJECT: Submission of Minutes for the Public Safety Commission Attached for your records are the approved minutes of the Public Safety Commission Meeting of Wednesday, November 12, 2014. Please let me know if you have any questions or need additional information. Thank you. Attachment (as noted) CITY OF PALM DESERT PUBLIC SAFETY COMMISSION MEETING APPROVED MINUTES WEDNESDAY, NOVEMBER 12, 2014 — 3:30 p.m. Palm Desert City Hall 73-510 Fred Waring Drive, Palm Desert, CA 92260 Administrative Services Conference Room I. CALL TO ORDER Chairman Luhring called the meeting to order at 3:30 p.m. II. ROLL CALL Present: Commissioner James Butzbach Commissioner Phyllis Harkins Commissioner Gloria Kirkwood Commissioner Terry Kramer Chairman Doug Luhring Vice Chairman Martin Nethery Commissioner Frank Taylor Also Present: Mayor Pro Tern Susan Marie Weber Stephen Y. Aryan, Risk Manager Captain Kevin Vest, Palm Desert Police Department Captain Sue Trevino, Palm Desert Police Department Lt. William Sullivan, Palm Desert Police Department Sergeant Dave Adams, Palm Desert Police Department Division Chief Bill Hunley, Riverside County Fire Department Frankie Riddle, Director of Special Programs Pedro Rodriguez, Code Compliance Supervisor Donna Evans, Recording Secretary Public Safety Commission November 12, 2014 Page 2 III. ORAL COMMUNICATIONS NONE IV. PRESENTATIONS Captain Kevin Vest stated that he's been promoted and Captain Sue Trevino will officially take command of the Palm Desert Sheriffs Station on November 13, 2014. The Commission congratulated Captain Vest and welcomed Captain Trevino to Palm Desert. V. CONSENT CALENDAR A. MINUTES of the Regular Public Safety Commission Meeting of October 8, 2014. B. PALM DESERT SPECIALIZED UNITS End of Month Report for September 2014. C. PALM DESERT FIRE SERVICES Monthly Report for October 2014. Commissioner Butzbach moved to, by Minute Motion, approve the consent calendar. Motion was seconded by Commissioner Kirkwood and carried by a 7-0 vote (AYES: Butzbach, Harkins, Kirkwood, Kramer, Nethery, Taylor, and Luhring: NOES: None). VI. CONSENT ITEMS HELD OVER NONE VII. NEW BUSINESS A. INFORMATIONAL ITEM CONCERNING GOLF CART AND BICYCLIST SAFETY Barry Curtis, a 14-year resident of Palm Desert, was present and addressed the Commission stating his concerns regarding the licensing of golf carts within the City. Mr. Curtis asked why so few golf carts had permits and felt that charging only five dollars per year wasn't worth the City's time to go out and get permits on these golf carts. He also mentioned that golf cart insurance is available for purchase. He thought that City staff should go to Palm Desert Country Club once a month issuing permits and making sure that golf carts are up to safety standards. Mr. Curtis commented that he has observed people driving golf carts on the street without seat belts, too many people in a golf cart, children driving golf carts, people driving golf carts while inebriated, and Public Safety Commission November 12, 2014 Page 3 golf carts being operated dangerously in and around Palm Desert Country Club. Chair Luhring stated that the City of Palm Desert includes other areas where golf carts are utilized, not just Palm Desert Country Club. Mr. Aryan stated that the California Vehicle Code provides that the City can establish the use of unregistered golf carts on public streets within one mile of a golf course. The City Council approved a resolution in 2002 that permitted the use of unregistered golf carts on all 25 mph streets within Palm Desert Country Club. These carts would be exempt from the Golf Cart Transportation Program. Golf cart operation on any street with a speed limit of greater than 25 MPH in this area can only be allowed if the cart is registered with the City. Operators must also adhere to the safe operation of the vehicle at all times; regardless if the vehicle has a permit or not. Staff recommends publishing an article on golf cart safety in the City's Bright Side newsletter and the Palm Desert Country Club newsletter. Staff also recommends having golf cart inspections at the next scheduled Family Safety Festival in 2016. Pedro Rodriguez, Code Compliance Supervisor, indicated that he can have a code compliance officer at Palm Desert Country Club on a future weekend date (Saturday) to perform free golf cart inspections and also issue permits for those carts that operate on streets with speed limits greater than 25 mph. Vice Chair Nethery explained that the State allows unregistered golf carts that are operated within one mile of a golf course. The City can't force people to register because of the California Vehicle Code. Hopefully, an education program will help people operate these vehicles safer. Mr. Aryan recommended that if a person observes unsafe behavior, they should call 911. Commissioner Harkins asked about streets that have speed limits that are greater than 25 mph. Captain Vest stated that golf carts operated within one mile of a golf course don't have to be registered, even on 35 mph streets. Sgt. Adams commented that a driver's license is required to operate a golf cart on the street. Mr. Curtis was concerned that citizens wouldn't be able to get their carts to City Hall to get them permitted. Mr. Rodriguez stated that the Code Compliance Officers meet citizens at their property to inspect and permit golf carts so that they don't have to drive their carts to City Hall. There was discussion regarding the size of the permit sticker. Mr. Rodriguez stated that the size of the sticker has to do with the fact that it's an adequate size for the back of a golf cart. Mr. Aryan also spoke on bicycle safety and stated that AB1371, which is known as the Three Feet for Safety Act, was signed by the Governor Public Safety Commission November 12, 2014 Page 4 last year. The driver must provide three feet between the vehicle and a bicycle. A violation would result in a $35 fine. If there is an accident, the violation is $220. The City has some concerns about cyclists not adhering to the safe conduct of the Vehicle Code and will be targeting an educational campaign by working in conjunction with local bicycle clubs within the City. The Palm Desert Police Department will hold a town hall discussion on bicycle safety issues at 8:00 a.m. on Saturday, November 22 in the City Council Chamber at City Hall. Mr. Aryan indicated that there will also be a bicycle rodeo and bicycle helmet giveaway at the Family Safety Festival, which is scheduled for 2016. It's highly recommended that if any of our residents or visitors observe unsafe practices by bicyclists or motorists to call 911. Lt. Sullivan stated that the law will be enforced for both motorists and bicyclists. Commissioner Butzbach moved to, by Minute Motion, receive and file the informational report. Motion was seconded by Vice Chair Nethery and carried by a 7-0 vote (AYES: Butzbach, Harkins, Kirkwood, Kramer, Nethery, Taylor, and Luhring: NOES: None). B. RESOLUTION NO. 2014-XX, A RESOLUTION OF THE CITY COUNCIL OF PALM DESERT, CALIFORNIA, ESTABLISHING THE AMOUNT OF THE DUI DRIVER AND VEHICLE IMPOUND COST RECOVERY FEE PURSUANT TO CHAPTER 10.25 OF THE PALM DESERT MUNICIPAL CODE AND RESCINDING RESOLUTION NO. 09-67. Mr. Aryan stated that in 2009, the City implemented the Vehicle Impound Cost Recovery (VICR) Program which charges a $140 fee to offset the cost of removing nuisance vehicles from the roadways. More recently, the Coachella Valley Association of Governments' Executive Committee approved a draft ordinance establishing a Driving Under the Influence VICR Fee for potential adoption by CVAG members, which includes Palm Desert. This fee would only be charged if a traffic collision occurred as a result of someone driving under the influence. The resolution that is being presented to the Commission recommends the current fee of $140 be raised to $165 to account for increased deputy rates and staff time. It's been five years since the fee was established and would be the first fee increase. The DUI Collision Fee is proposed to be $705. Approval of the fee structure enables the City to recoup the costs of responding to DUI traffic collisions and impounding vehicles. The Commission inquired if a driver is charged and subsequently cleared of all charges, would the assessed fee be refunded? Captain Vest stated that a letter is mailed to the registered owner of a vehicle that gets towed and he agreed that language should possibly be included that indicated an appeal process. The Commission discussed having the Sheriffs Department send the registered owner of an Public Safety Commission November 12, 2014 Page 5 impounded vehicle correspondence outlining a fee appeal process, if they are cleared of all charges. Captain Vest indicated that a more detailed cost report could be initiated and would typically be sent out after an investigation is completed, which gives all responding agencies' the opportunity to submit their total costs. The down side of this process is that it could take many months and the vehicle may ultimately be abandoned. Currently, the Police Department is recovering the fee early on in the process, which represents an average cost spent in responding to DUI related traffic collisions. Sending out a much more detailed bill would take longer to produce and cost recovery could be problematic. Vice Chair Nethery moved to, by Minute Motion, continue the request and explore incorporating an appropriate fee appeal process. Motion was seconded by Commissioner Kirkwood and carried by a 7-0 vote (AYES: Butzbach, Harkins, Kirkwood, Kramer, Nethery, Taylor, and Luhring: NOES: None). C. REQUEST FOR ACCEPTANCE OF CAL COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDING (SLESF) FOR FY 2014/15. Mr. Aryan stated that the Cal -Cops fund gives the City about $100,000 per year for front line law enforcement activities. Approximately 40% goes towards the annual Holiday Theft Suppression Program, which will take place later this month. The remaining 60% will be spent on front line law enforcement. Commissioner Kramer moved to, by Minute Motion, recommend that the Palm Desert City Council approve the Cal COPS Supplemental Law Enforcement Services Funding (SLESF) Expenditure Plan, as provided by the Chief of Police, for expenditure of a $100,000 grant award, to cover the costs for the 2014 Holiday Theft Suppression Program and miscellaneous equipment, services, and supplies to support front line law enforcement services. Motion was seconded by Commissioner Kirkwood and carried by a 7-0 vote (AYES: Butzbach, Harkins, Kirkwood, Kramer, Nethery, Taylor, and Luhring: NOES: None). D. APPROVAL TO UTILIZE A MOUNTED POSSE FOR ADDITIONAL PATROL OF THE WESTFIELD PALM DESERT MALL DURING THE 2014 HOLIDAY SEASON. Mr. Aryan stated that the proposed request is for a donation to utilize a mounted posse for additional patrol of the Westfield Palm Desert Mall during the 2014 holiday season, in lieu of overtime for deputies. Public Safety Commission November 12, 2014 Page 6 Typically, the mounted posse patrols the parking lot of Westfield the two weekends before Christmas. The donation to the volunteers is $1,000 versus utilizing sworn officers at a cost of $6,400. Commissioner Kramer moved to, by Minute Motion; 1. Authorize the Palm Desert Police Department to utilize the Riverside County Sheriff's Mounted Posse (Cabazon Station) during the 2014 holiday season to patrol the Westfield Palm Desert Mall. 2. Authorize the donation of $1,000 from the SLESF Cal COPS Account No. 229-4210-422-3914 to fund a mounted posse patrol as part of the 2014 Holiday Theft Suppression Program. Motion was seconded by Commissioner Kirkwood and carried by a 7-0 vote (AYES: Butzbach, Harkins, Kirkwood, Kramer, Nethery, Taylor, and Luhring: NOES: None). E. APPROVAL TO PROVIDE DIRECTION RELATIVE TO THE CREATION OF AN ALARM ORDINANCE SUBCOMMITTEE. Lt. Sullivan stated that if the City could find a way to add alarm systems to residential and commercial properties, without using money from the General Fund, the burglary rate could potentially be lowered by approximately sixty-six percent (66%). Lt. Sullivan proposed putting together a committee made up of Public Safety Commissioners, a City Council member, and appropriate City Staff to help create an alarm ordinance that would allow the Police Department to collect money for false alarm responses. This money could be put into a fund and be distributed to install new alarm systems or upgrade existing ones. Chief Hunley commented that a lot of alarm systems are tied into the Fire Department dispatch and suggested that a Fire Department representative be included on the proposed sub -committee. Lt. Sullivan further stated that the money could also be used to help residents with repair costs if their alarm system has a mechanical problem. Commissioners Kramer, Butzbach and Harkins volunteered to participate in the Alarm Ordinance Subcommittee with Commissioner Kirkwood as an alternate member. Lt. Sullivan would serve as the Chairman, Stephen Aryan would represent City Staff and a staff member from the Finance Department, a member of the Chamber of Commerce and a representative from the Fire Department would also be included. Public Safety Commission November 12, 2014 Page 7 F. PROPOSED LAW ENFORCEMENT RESPONSIBILITIES MEMORANDUM OF UNDERSTANDING AGREEMENTS BETWEEN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, CALIFORNIA STATE UNIVERSITY SAN BERNARDINO, COLLEGE OF THE DESERT, AND UNIVERSITY OF CALIFORNIA, RIVERSIDE. Mr. Aryan stated that in 1996, there was an incident where a Cal Poly San Luis Obispo student disappeared while walking back to her dorm room after a party. Campus police suspected that she went on an unannounced vacation. Unfortunately, she was never found. Her disappearance wasn't initially reported to the local Police Department because they thought she had gone on a trip. This case resulted in the State Legislature unanimously passing the Kristin Smart Campus Security Act. The California Education Code outlines that campus law enforcement agencies have the primary authority for providing police and security services. Furthermore, public and independent postsecondary institutions are required to enter into written agreements with local law enforcement agencies, which clarify operational responsibilities for investigations of Part 1 violent crimes occurring on each campus. Part 1 violent crimes mean willful homicide, forcible rape, robbery, and aggravated assault. Local law enforcement agencies are also required to enter into written agreements with campus law enforcement agencies if there are college or university campuses located in the jurisdictions of the local law enforcement agencies. There are currently three college campuses located in the City of Palm Desert; College of the Desert, California State University San Bernardino Palm Desert Campus and the University of California Riverside Palm Desert Campus. While these campuses have security personnel, there are no dedicated police departments at any of these sites. The three MOU documents with these agencies have expired and need to be renewed. The term of the agreements are for a period of five years and either party may terminate the contract upon thirty days advance notice. The cost recovery is zero for this contract period, however, the City has the option, via the termination clause, to renegotiate the cost recovery fee if future statistics indicate such a measure is necessary. The Police Department's current response to these locations is minimal. Chair Luhring stated that he read in the newspaper that the University Planning and Development Committee met to discuss and vote on the proposed MOU's. Mr. Aryan stated that the MOU's were approved by the committee at the November 7, 2014, meeting. Vice Chair Nethery moved to approve the Law Enforcement Responsibilities Memorandum of Understanding agreements Public Safety Commission November 12, 2014 Page 8 between the City of Palm Desert, County of Riverside, California State University San Bernardino, College of the Desert, and University of California, Riverside. Motion was seconded by Commissioner Kramer and carried by a 7-0 vote (AYES: Butzbach, Harkins, Kirkwood, Kramer, Nethery, Taylor, and Luhring: NOES: None). VIII. CONTINUED BUSINESS NONE IX. OLD BUSINESS NONE X. REPORT ON CITY COUNCIL ACTION(S) NONE XI. REPORTS AND REMARKS A. Citizens on Patrol Program Ms. Riddle stated that she is planning to update the media PSA for the COPS program and also do a PSA for the radio station. Chair Luhring commended the Citizens on Patrol for doing such a great job at the Palm Desert Golf Cart Parade and also at the PDHS Friday night football games. B. Legislative Update NONE C. Police and Fire Departments Sgt. David Adams stated that the Police Department is gearing up for the Shop with a Cop event. The event will be held at Wal-Mart on Monterey Avenue on December 13, 2014 at 7 a.m. Everyone is welcome to attend. Chief Hunley had to leave the meeting on a call, but Mr. Aryan reported that the annual Mini -Muster Program at the schools was a success and that it's a great educational program for children. Public Safety Commission November 12, 2014 Page 9 Mr. Aryan indicated that the annual Chamber of Commerce Public Safety Awards Luncheon is scheduled for November 25, 2014, and asked for the commissioners to RSVP if they wish to attend. D. Staff On behalf of the City of Palm Desert and Palm Desert City Council, Mr. Aryan presented gift cards to the commissioners to thank them for their public service. Mayor Pro Tern Weber also thanked the commissioners for stepping up and for their commitment to the community. E. Public Safety Commissioners XII. NEXT MEETING DATE — DECEMBER 10, 2014 XIII. ADJOURNMENT With Commission concurrence the meeting was adjourned at 4:52 p.m. Q& zi) Donna Evans, Recording Secretary