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HomeMy WebLinkAboutMinutes - Public Safety Commission 02-08-2006CITY OF PALM DESERT PUBLIC SAFETY COMMISSION APPROVED MINUTES Wednesday, February 8, 2006 - 3:30 p.m. Administrative Conference Room 1. CALL TO ORDER The meeting was called to order at 3:30 p.m. by Chairman Lebel. II. ROLL CALL Present: Commissioner James Butzbach Vice Chairman Gloria Kirkwood Commissioner Jim Larsh Commissioner Martin Nethery Chairman Rick Lebel Also Present: Sheila R. Gilligan, ACM for Community Services Steve Thetford, Asst. Chief, Palm Desert Police Department Travis Witten, Battalion Chief, Palm Desert/Riverside County Fire Dept David Avila, Fire Marshal (arrived at 4:10 p.m.) Frankie Riddle, Acting Director of Special Programs Pat Scully, Senior Management Analyst Stephen Aryan, Assistant to the City Manager Mary P. Gates, Recording Secretary Ill. ORAL COMMUNICATIONS None IV. CONSENT CALENDAR A. Approval of Minutes of the January 11, 2006, Public Safety Commission Meeting Rec: Approve as presented. Upon motion by Commissioner Butzbach, second by Commissioner Larsh, the Consent Calendar was approved as presented by a 5-0 vote. APPROVED MINUTES PUBLIC SAFETY COMMISSION V. CONSENT ITEMS HELD OVER None VI. NEW BUSINESS FEBRUARY 8, 2006 A. Presentation by Mike Potter, Weil Institute of Critical Care Medicine, Relative to the "CPR Anytime" Training Kit Mr. Potter provided a brief background of the Institute, noting that a $565,000 grant was received last spring from Desert Healthcare District to train 10% of the adult population in the Coachella Valley in CPR. He said they were doing this because they wanted to raise the survivability of cardiac arrest victims, which is currently only 25%. According to the 2000 census, there were approximately 165,000 people over the age of 18 in the Coachella Valley, and the goal was train i6500 — approximately 4,000 people had already been tra,, C . He said by using the free "CPR Anytime" kit, individuals can be trained in about 20 minutes as opposed to the traditional 4--6 hours of training, which they reserved now for individuals who need i} for their work and to be certified. He noted that over 80% OF arrests take place in the home, and chances of survival in the 1. achella Valley were currently less than 5%. They felt it was ;portant to train people on how to identify when someone is in cardiac arrest, call for emergency assistance, and fill those early minutes with CPR. He also noted that the American Heart Association was paying a ==c p ny $300,000 to follow this program. The time period being _ at VVas Iran May of 2005 through the end of the program to see if bystander CPR rises as a result of this training. He reviewed the program, noting that the kit included a blow-up mannequin, a book that describes choking, stroke, heart attack, and cardiac arrest, and a 20-minute DVD that teaches how to perform PcOple participating in the program were being asked to share the kits with other family members, so the kits also included sanitation wipes and spare lungs. He explained the funding for the program, including the $565,000 Healthcare District, $2,000 from the City of Indian Wells, u arorn tine City of Rancho Mirage, $3,000 from the EMS Agency for the County, and $1,500 in private donations. In addition, 2 APPROVED MINUTES PUBLIC SAFETY COMMISSION FEBRUARY 8, 2006 they had applied for $5,000 in Community Development Block Grant funds from the City of Palm Desert and $5,000 from the County of Riverside. Kits were currently available in English only, but Spanish language kits would be available in approximately two months. Training was being provided to residents over the age of 16, including juniors and seniors in high school, all of the teachers in Palm Springs Unified School District, residents at Sun City, etc. He noted that while they had received commitments from all of the high schools, only students at La Quinta High School had actually received the training so far. He suggested that perhaps training could be provided to City of Palm Desert employees. He added that the goal was to trait i 7.i",r0 to 8,000 people this season. Upon question by Commissioner Larsh, Mr. Potter responded that this training was being offered to both staff and residents of gated communities. He said included as part of program was promotion of automated external defibrillators (AE Ds), if: cum R �r a u Tidies businesses, or homeowners associations want these defibrillators, his r-on'pany Fill supply all of the training and medical direction at no ~` arge for the life of this program (three-year program), although the cost for an AED is $1,300. To date, seven AEDs have been distributed in the community since October, with an additional eight committed but not yet purchased. Mr. Potter distributed kits to each member of the Commission and staff present at the meeting. Commissioner Butzbach noted that his employer, BigHorn, had been involved with this organization for about eight years, and close to E employees had been trained in CPR, AED, and first aid. H 3e cc� would like to see the Commission support this program in concept. Mrs. Gilligan added that the matter could also be referred to the City's Risk Manager for review. Commissioner Butzbach moved to, by Minute Motion, support this program in concept and refer the matter to the City's Risk Manager for review and recommendation. Motion was seconded by Vice Chairman Kirkwood and carried by a 5-0 vote. 3 APPROVED MINUTES PUBLIC SAFETY COMMISSION FEBRUARY 8, 2006 B. Palm Desert Fire Services Monthly Report - December, 2005 Chief Witten noted that at its last meeting, the Commission had discussed the donation of two surplus ambulances and had suggested that if, by the end of January, no gulf states had accepted the ambulance to help in the replacement of equipment lost due to Hurricane Katrina, perhaps it could be donated to Ixtapa-Zihuatanejo along with the first ambulance. He stated that correspondence had been received from the Department of Homeland Security indicating that all of the equipment that had been requested by the affected gulf states had been delivered. With regard to donation of surplus equipment, they had determined that the cost of transporting this equipment and putting it in service was greater than the value of the equipment. In addition, a lot of the communities no longer exist, and most of those displaced residents had been moved to shelters outside of those states. He said the Fire Department was going to move forward with the recommendation that the second ambulance be donated to Palm Deserts sister city of Ixtapa-Zihuatanejo. Commissioner Butzbach moved to, by Minute Motion, receive and file the Palm Desert Fire Services Monthly Report for December, 2005. Motion was seconded by Commissioner Larsh and carried by a 5-0 vote. C. Palm Desert Special Teams Monthly Statistics -December, 2005 Vice Chairman Kirkwood moved to, by Minute Motion, receive and file the Palm Desert Special Teams Monthly Statistics for December, 2005. Motion was seconded by Commissioner Nethery and carried by a 5-0 vote. D. 2005 Holiday Theft Suppression Program — After Action Report dated February 1, 2006 Commissioner Nethery noted that the percentages increases and decreases shown on this report were, in some cases, very significant, both up and down. He asked whether this was just random or if there was some kind of pattern. Lt. Thetford responded that the Police Department had a new Crime Analyst who would begin the process of crunching these numbers to see if there is any kind of pattern. He noted that while some of the percentages looked large, the actual numbers were very low. Commissioner Butzbach moved to, by Minute Motion, receive and file the report dated February 1, 2006. Motion was seconded by Commissioner Nethery and carried by a 5-0 vote. 4 APPROVED MINUTES PUBLIC SAFETY COMMISSION FEBRUARY 8, 2006 E. Annual Public Safety Commission Report Chairman Lebel said he would like a copy of this report forwarded to the City Council for its information Commissioner Nethery moved to, by Minute Motion: 1) Direct staff to forward this report to the City Council for its information; 2) receive and file the report. Motion was seconded by Commissioner Larsh and carried by a 5-0 vote. VII. CONTINUED BUSINESS A. Update Regarding the Public Safety Commission's Recommendation of September 14, 2005, to the Palm Desert City Council Relative to Adoption of an Ordinance Prohibiting the Establishment of Medical Marijuana Dispensaries in the City of Palm Desert (Continued from the meeting of January 11, 2006) Chairman Lebel noted that the Commissioners had each received the large packet of information put together by Lt. Thetford, although he had not yet had a chance to review all of it. Commissioner Nethery suggested that this matter be continued to the next meeting so that everyone has an opportunity to read through the information. Mrs. Gilligan stated that the City Council met on Friday, February 3'd, and had extended the moratorium to December 22, 2006. She noted that the County of Riverside had started issuing medical marijuana cards; it was her understanding there had been 55 applicants, and 24 cards had been issued. City Council and staff had met with Assemblyman John Benoit on February 3, 2006, and explained the City's feeling that this was an issue of the State Legislature enacting a bill that puts local agencies in conflict with Federal law. Assemblyman Benoit was very receptive to the City's concerns and supportive of looking further into this issue at the State level. He subsequently spent time with Lt. Thetford discussing the issue. She further noted that the Counties of San Diego and San Bernardino had filed a lawsuit against the State of California over this issue. Commissioner Nethery moved to, by Minute Motion, continue this matter to the meeting of May 10, 2006, with the Commissioners to be prepared to discuss questions regarding the information received. Motion was seconded by Vice Chairman Kirkwood and carried by a 5-0 vote. 5 APPROVED MINUTES PUBLIC SAFETY COMMISSION FEBRUARY 8, 2006 Lt. Thetford reviewed the information provided, noting that the legal section contained several letters from County Attorneys that pointed out the Sheriffs Department concerns. One concern was the State law that conflicts with Federal law. He said advocates would argue that this went through the California Supreme Court and was determined to be not in conflict; however, the California Supreme Court does not trump the United States Supreme Court. He said the Controlled Substance Act and the ability to distribute what is still considered an illegal substance by Federal standards was one of the points of interest as the Commissioners read through the material. Another issue was the State's right or ability to establish a law that is in conflict with Federal law. He said as one reads through the actual text of the law (Section 11362.5) and other related sections (Section 11362.77, et al), it reads pretty well; however, he asked that the Commissioners read the verbiage closely, as it was all based on the supposition that the identification card would fix every problem. He said the problem that law enforcement had was that the identification card system was a voluntary program. It was his understanding that if the Council decides to regulate this and not disallow the dispensary, the intent would be to resolve that issue and make the medical marijuana cards mandatory. He noted that some broad statements had been made trying to characterize this issue and make it look similar to certain things. One statement was made that this is no different from a massage ordinance, where the person who is dispensing the marijuana has a background check done and is determined to be valid. However, that is not how massage permits are issued. The procedure for obtaining a massage permit is that a full background check is done, finger prints are checked through NCIC, and criteria are checked regarding experience and training to legitimately give massage. Another statement made was that this is just like dispensing drugs such as Vx;odin and Percodan; however, pharmacists are registered, licensed, and educated on dispensing legal drugs (by Federal standards). He added that the reasons doctors do not prescribe marijuana and can only make recommendations is because they cannot — it is a violation of Federal law, and Federal law allows them to prescribe medication. He noted that there were also people selling marijuana to kids in the Mall as well as people who were somewhat legitimately getting it and sharing it with their partners in their vehicles. There was also the inability of the Sheriffs Department to verify legitimate users. Upon question by Chairman Lebel, Lt. Thetford stated that this dispensary had a regular City business license, and the only condition on it that he read was that patrons could not use the medication on A APPROVED MINUTES PUBLIC SAFETY COMMISSION FEBRUARY 8, 2006 property; however, when he toured the property, he saw a bong and marijuana. When asked about it, the dispensary owner said his clients could not use it on property, but all of this employees were medical marijuana patients as well, and he could not keep them from having their medication while they were working. He noted the law was written extremely vague and stated that, as a business, you cannot restrict people from using marijuana on property, and there is no sanction for it if you do so. He also said there is no provision in the law that talks about dispensaries. What it talks about is a primary care giver. Medical marijuana patients can give anyone they wish permission to be their primary care giver, and that would allow them to drive to obtain the marijuana and transport it to the patient. It is still a violation of Federal law, but there is an exemption by State law. Upon question by Chairman Lebel, Lt. Thetford responded that there are no licensing provisions for the care givers. Upon further question, he stated that he had not contacted the State Board of Equalization and that another group was looking into the money issue. He also noted that neither the dispensary owner nor the people he has seen so far have medical marijuana cards. VIII. OLD BUSINESS A. Consideration of Convenience Store Video Surveillance Ordinance (from meeting of January 11, 2006) Commissioner Nethery moved to, by Minute Motion, continue this matter to the meeting of March 8, 2006, for final staff report. Motion was seconded by Vice Chairman Kirkwood and carried by a 5-0 vote. Ms. Scully noted that she and Code Compliance Manager Hart Ponder were working on this issue. They had reviewed several model ordinances from other cities and would be meeting with the City Attorney. She said they would have something for the Commission at its next meeting. IX. REPORT ON CITY COUNCIL ACTION (S) Mrs. Gilligan noted an incident earlier today at the Portola Bridge project where one of the girders collapsed, injuring a worker who was transported to the hospital; thankfully, the injuries were not life -threatening. The incident would cause an approximate one -month delay in completion of the bridge project. rA APPROVED MINUTES PUBLIC SAFETY COMMISSION FEBRUARY 8, 2006 Fire Marshal David Avila added that all construction had been halted at this time, and OSHA would be investigating the incident. X. REPORTS AND REMARKS A. Update on the Citizens on Patrol Program (Oral report by Captain John Fanning) In the absence of Captain John Fanning, Acting Director of Special Programs Frankie Riddle updated the Commission on activities of the Citizens on Patrol (COPS), noting that members would be at the opening of the new Animal Campus on February 9"' to assist with parking for the VIP's. Lt. Thetford noted the COPS had requested a light bar for one of its vehicles, and he had advised that they could have the light bar from the McGruff van; however, the Sheriff's Department would be changing the light bar system in all of its vehicles and, as a result, would have a surplus of the old light bars. He suggested that perhaps two to four could be used for the COPS vehicles. This would require the purchase of amber lenses and replacement of several bulbs. Upon question by Chairman Lebel, Ms. Riddle noted that eight new COPS members had completed the required drivers' training at the Civic Center the previous Saturday. Most of them were going through the Palm Springs Citizens Academy. Upon question by Commissioner Butzbach, she said she would provide information to the Commission at its next meeting relative to the graduation of these individuals from the Academy. B. Update on ALARM Program (from meeting of January 11, 2006) Lt. Thetford noted the program summary included in the packets. He thanked Ms. Riddle for making this program happen by helping the Sheriffs Department get the pamphlets and magnetic items done. He noted that the Community Service Officer was doing a great job handing out the information on this program at the Police Substation and Joslyn Senior Center, and she was looking at expanding to other locations to get more of the packets out in the community. Commissioner Butzbach asked whether the homeowners associations could be of assistance in getting this program out in the community as well. C APPROVED MINUTES PUBLIC SAFETY COMMISSION FEBRUARY 8, 2006 Lt. Thetford said there was no problem with these groups handing out the File for Life portion of the program; however, the other two programs were registration programs, with the Sheriff's Department tracking the residences for vacant property checks and the YANA (You Are Not Alone) program. Vice Chairman Kirkwood said the information could still be announced to all the homeowners associations, and Lt. Thetford agreed. He said the information was also available on the Sheriff's Department website. Mrs. Gilligan noted that she had an item that, while not a public safety issue, was more a public health issue. She said the City Council had recently enacted a mandatory automated trash collection ordinance, and gated communities were included. One of the reasons for making this mandatory was the fact that workers compensation costs had risen tremendously. Additionally, automated collection was much easier than doing it manually. With regard to concerns with the size of the containers, she said residents could get smaller bins. In addition, side yard service was available so that residents did not have to take the containers to the street. C. Participation in Public Safety Day on Saturday, March 25, 2006 (from meeting of January 11, 2006) Ms. Scully updated the Commission on the plans for Public Safety Day, noting that Chief Witten was in charge of the pancake breakfast. She stated that arrangements had been made for a Public Safety Commission booth. D. Commissioner Nethery noted there was a possibility that he would have a trial that would begin the end of February and take approximately six weeks, and he might have to miss the March and April meetings. He said he would let Ms. Gates know his situation. APPROVED MINUTES PUBLIC SAFETY COMMISSION FEBRUARY 8, 2006 XI. ADJOURNMENT With Commission concurrence, Chairman Lebel adjourned the meeting at4:55 p.m., with the next meeting scheduled to be held on Wednesday, March 8, 2006. Respectfully submitted, I P. GA E RECORDING CRETARY 10