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HomeMy WebLinkAboutMinutes Pulbic Safety Commission 06/14/06 z��� n � V i-1�--�•. CITY OF PALM DESERT PUBLIC SAFETY COMMiSSION APPROVED MfNUTES Wednesday, June 14, 2006 - 3:30 p.m. Administrative Conference Room 1. CALL TO ORDER The meeting was ca!!ed to order at 3:30 p.m. by Chairman Lebel. Ii. ROLL CALL Present: Commissioner James Butzbach �ce Chairman Gloria Kirkwood Commissioner Jim Larsh Commissioner Martin Nethery Chairman Rick Lebel Also Present: Mayor Jim Ferguson Councifman Richard S. Kelty Sheila R. Gilligan, ACM for Community Services Craig Kilday, Chief, Palm Desert Polic:e Department Steve Thetford, Asst. Chief, Palm Desert Police Department Travis Witten, Palm Desert/Riverside County Fire Dept Frankie Riddle, A�ting Director of Special Programs Gary Rosenblum, Risk Manager Pat Scully, Senior Management Analyst Stephen Aryan, Assistant to the City Manager _ John Fanning, Citizens on Patrol Mary P. Gates, Recording Secretary III. ORAL COMMUNICATIONS None APPROVED MiNUTES PUBLIC SAFETY COMMISStON JUNE 14, 2006 IV. CONSENT CALENDAR A. Approva! of Minutes of the April 12, 2006, Public Safety Commission Meeting Rec: Approve as presented. Commissioner Butzbach moved to approve the Consent Calendar as presented. Motion was seconded by Vice Chair Kirkwood and carried by a 40-1 vote, with Commissioner Nethery ABSTAINING. V. CONSENT ITEMS HELD OVER None VI. NEW BUSINESS A. Palm Desert Fire Services Monthly Report for March and April 2006 Chairman Lebel expressed appreciation for the inclusion of staff hours for each incident noted in the reports. Commissioner Nethery moved to, by Minute Motion, receive and file the Palm Desert Fire Services Monthly Reports for March and April 2006. Motion was seconded by Commissioner Larsh and carried by a 5-0 vote. B. Palm Desert Special Teams Monthfy Statistics for March, Aprif, and May 2006 Commissioner Nethery agreed with Chairman Lebel that the average citizen in Palm Desert does not realize what the Police and Fire Departments deal with on a day-to-day basis. He asked if something could be done to positively pub{icize that for the Cifiy and both departments. Mrs. Gilligan responded that in the faN, the City was going to start � putting articles in the BrightSide newsletter on a regular basis highlighting both the Police and Fire Departments. She said there might be some reluctance to include specific informa#ion about how many crimes, etc. 2 APPROVED MiNUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 Commissioner Nethery suggested including in the newsletter copies of thank you notes that the Fire and Polic;e Departments receive in terms of rescues and emergency medical response. Chairman Lebel said he fe�it was a credit to the City of Palm Desert to have the Public Safety Commission,whose members and staff can review these things on a monthly basis, be aware of some of the things that are going on, and support the Police and Fire Departments. Lt. Thetford stated that press releases are issued for spe�c significant cases that are worked, and the releases for the Traffic and Target Teams now indude verbiage on the bottom explaining the resources and what the City provides. Commissioner Larsh moved to, by Minute Mot+on, receive and file the Palm Desert Special Teams Monthty Statistics for March, Aprif, and May 2006. Motion was seconded by Commissioner Butrbach and carried by a 5-0 vote. C. Palm Desert Station - Traffic Coliision Statistics for March and April 2006 L#. The#ford noted that Item D below was actually a part of the traffic coflision statistics. Commissioner Larsh moved to, by Minute Motion, receive and file the Palm Desert Station - Traffic Collision Stafistics for March and April 2006. Motion was seconded by Vice Chair Kirkwood and carried by a 5-0 vote. D. Palm Desert Police T�affic Operations Ptans dated February 9, March 14, and April 27, 2006 Commissioner Larsh moved to, by Minute Motion, receive and file the Pa{m Desert Police Traffic Operations Plans dated February 9, March 14, and Aprif 27, 2006. Motion was seconded by Viae Chair Kirkwood and carried by a 5-0 vote. - 3 APPROVED MINUTES PUBLIC SAFETY COlIAMISSION JUNE 14, 2006 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 Medicai Marijuana Dispensaries in the City of Paim Desert (Continued from the meetings of January 11 and February 8, 2006) The following is a verbatim transcript of this portion of the meeting: � RL Chairman Rick Lebel ST Lt. Steve Theiford JF Mayor Jim Ferguson RSK Councilman Richard S. Kelly . SRG Sheila R. Gilligan, ACM/Community Services MN Commissioner Marty Nethery GK Vice Chair Gforia Kirkwoai JL Commissioner Jim Larsh RL The next item is an item of Continued Business...an update regarding the Pubfic Safety Commission's recommendation of September 14"' to the Palm Desert City Council relative to adoption of an ordinance prohibiting the establishment of inedical marijuana dispensaries in the City of Palm Desert. This was continued #rom the meetings of January 11�' and February 8'". A considerable amount of information has been provided by the Police Department over a period of time. We've had several months to take a look at it. Also, as part of that package,there is a medical marijuana dispensaries proposed ordinance, and we have an orai report from Lt. Thetford regarding this. ST As you wilf recali, when +t went to Council from this Commission, the request was to ban the medical marijuana dispensary. Council had the opportunity to listen, through the public hearing, to the individual that came up, and #he decision was basically to look at the option of the dispensary further. They put a moratorium on - any other dispensaries in the City so that we coutd Iook at the viability of the safe operation of this dispensary in the City. A foilowup meeting, I think it was February 8t", was had with the dispensary owner. We looked at the option...the Pofice Departrnent's main issue was,you know,the iaw is what the law is. lt's very poorly written, but the Police issue is when we're contacting people out in the field, the determination of whether they have legitimate marijuana by Califomia law by illegal marijuana. And just to refresh your memory, there are fin►o options. One is,there's a medieal marijuana card, which allows us to be...well, basically, tha# person's already been checked and teferenced, has a serial number we can run through a 4 APPROVED MiNUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 website and immediately determine if they're legitimate or not, and it's a very short stop and they're on their way. Then there is the option of having just the doctor's recommendation for use of inedical marijuana. There is no such thing as a prescription for medical marijuana,it's a doetor's recommendation. And the way the law reads is you can have...the taw slants towards and has a 1ot of verbiage in the process of setting up the medical marijuana ID card system, and righi#ully so if they're going to run that program. But unfortunately the way the law reads, it also has that°or", it's an optional program. In order to get a medical marijuana card,you have to go to a doctor, get a doctor's letter of recommendation, with that doctor's letter of recommendation yuu can go one step further to insulate yourself from arrest, which wouid be getting a card. However, for a lot of them it's an option. So, they can obtain medical marijuana right now with their letter of recommendation. On February 8�', Council... RL To get the card,they actuatly have to go to County Health or the State Department of Health o�ce. ST Yes. They ac#ually have to go to the County Department of Health, they basical{y submit their letter of recommendation, the County Department of Health does an independent badcground, confirms the legfimacy based on conferenoe with the doctor, and assigns a medical marijuana card which has a photo of the individual and a serial number identifying them as a valid card holder. We expressed our concems from the Police Department regarding the problems we were having in the field. Keep ir�mind we're talking about two d�fferent issues. The issue of what they do when the leave the dispensary is a whole other issue. The issue of their abitit�r to setl and our abitity to determine what they're doing with the marijuana...or if they're leyfimately in possession of marijuana. Council listened to our concems from the Police Department, and they actually posed the idea to the dispensary owner to regutate them to onty sell to peopte with medicaf marijuana cards. At the time, the medical marijuana dispensary operator agreed to that and said "absotuteiy", so the staff was given direction to go back and look at establishing an ordinance with some regulations on how they can operate, with the direction that one of the requirements be that they only sell to medical marijuana card hoklers, which solves our problem with people in the field. And then there was some discussion...talked about security measures and the different regulations of actually operating that business. Weli, we were on our way...we've had one meeting since . then and a draft ordinance has been presented, which you have a copy. The black and white copy you have of tfie ordinance was what was originalty presented. The red portio�s of it and the scratching of certain verbiage was my initiaf response back to Phil DreN, who is the staff member working with it. Just to discuss it, the County of Riverside in the meantime has already started working on a County ordinance which mirrors this and probably has a little bit more teeth in it, and I know right now the City Attomey is looking a version that has a lot more regutation and is a lot stronger. So we had one meeting with these individuals that were not oniy the people running the dispensary, but for some reason we had advocates of inedical 5 APPROVED MtNUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 marijuana there as we{I to deal with how this dispensary was going to operate. Ar that meeting, four things came up. One was they started backpedaling away from the idea of having to only sell to medical marijuana card ho{ders. Their concern was, one, again they posed that it was an optional thing. I mentioned to the owner that I recalled him standing at Council and agreeing that he wouid do that, and he said well, yeah, but the prob{em is we're now fosing business to the two dispensaries in Palm Springs that don't have that recommendation. l atso reminded them at that point that those iwo dispensaries are watching us closely, and the City is watching us cfosely...the City is watching us closely, the City of Palm Springs, to see what we do, and it's my understanding that they're probably going to drop in step with us, so if we require medical marijuana iD cards, they wifl too. The dispensary here's concem is that they're losing business to that location because they're only selling to medical marijuana card holders, the ones that don't have cards are going there. That was one issue. The other issue was location. The current ordinance that you have basicalty has a zone, whicM basically makes them out of zone, so that has to be dealt with. And the options are grand fathering them in and teaving them there, making a suggestion as to where you want them to go, which fits into this ordinance. And there was an issue of use on property. We're opposed to use on properly for multiple reasons. Our reasons are, you know, we don't want people using marijuana on property. We believe the intent of the law was #or people to safefy obtain their medication and go back to their private residence and use their medication in a controlled environment where they can stay. Our opposition is that we don't want peopfe going into the dispensary, using marijuana, and then wandering out from the dispensary and being under the influence, through our business district or our industrial distri�t, wherever they happen to be, or worse yet, getting into a vehicle and driving. The dispensary's standpoint was that they would create an environment to where they would have a safe place for them to use it on property, and they would monitor it. So that's in discussion right now. I tafked to Phit Drell...we're supposedly going to have a follow up meeting after the City Attomey provides his copy of his draft which supposedly has a lot more meat into it. The Captain and f have been discussing...we think iYs realiy important that before we have another meeting with the medical marijuana group, 1 think it's extremety valuable that we get together with staff and the City Attomey and sit down and come together with a strong City position before we sit down and talk to the o�tside group because at that table, there seems to be some discrepancy on what we...l consider us more than just a recommending partion of . the City...1 think that we should at least talk about, from a legal standpoint, where we best stand a chanc�e of bringing forth our discussion with how we want this ordinance to go with this group. So our recommendation is to wait unti� the City Attomey gets his ordinance done and into Phit's hands and into our hands to {ook at, and then we should have a meeting with us and the City Attomey and staff members to discuss it before we meet again with that other group. The other issue they discussed was cultivafion. They are currently not cuttivating marijuana on property. They are getting their marijuana from a grow off property 6 APPROVED MINUTES PUBLIC SAFETY COMMISStON JUNE 14, 2006 and outside the city limits of Palm Desert, which t would prefer not to have a grow in the City and I woukf prefer that if they are going to get it that they get it from someplace outside the City because thaYs a whole other issue to be tackled. And I think it shouki be tackled outside of the dispensary ordinance,and at the very least the ordinance should say, in my opinion, that there should not be the ability to cu�tivate on property. There seems to be a discrepancy between us a�d City staff on that as far as breaking it into finro different issues. Apparentfy, according to City ordinance, according to Phit Drell, according to City ordinance, there is a provision which allows fior interior cultivation because he likens it to manufacture of a product. I differ from that opinion, so thaYs why I think it's important for we as City staff get together and discuss this together amongst ourselves before we go out and meet with this other group. But that's pretty much where we're at. We're pending the City Attorney's response badc. We're pending review, and my request would be for us to sit down and come together with a good, strong City position and where we want to go because, honestly, I do not like sitting in a meeting with a public group and having a discrepancy among our City posfion. t think that I should be in step with what the City wants, and...again, during my research, as an example, the use o� property, you know, ! have no problem falling in and giving exception to the law the way the law is read. The use on property issue I thought I had resolved because it says in 11362.79 that there is no smoking to be allowed on property where smoking is prohibited by California law. So ! went back and looked at Califomia law regarding prohibition of smoking, and per the Califomia Labor Code, 64U4.5, it straight out says prohibited smoking in all enciosed piaces, 100% enclosed places. Now, if I had just stopped there, I'd have been a happy guy, but I did my research and read the other three pages that were attached to that, and there is an exception that says that they can provide a prnrate smoking lounge if they're selting just their product on properly, and there are some restrictions to that, which means they have to have outside ventifafion, which they do have in that building, and then that doesn't break away from the option that they have of saying fine, we won't smoke, we'H just eat brownies(unctear), so we still have the issue of use. So I want to be from a position from the Cify...the two things that we would like to stand strongly from the Police Department would be, one, adamantly, #hat we require medical marijuana cards because that makes our job in the field appropriate, and it insulates them, through the law, it insu{ates them in the field, it also insulates the issue of cuttivafion. And _ it reads through the law that that's what the spirit of the {aw and the intent is, even though it says°or�. And the other thing is the use on property, and we would like, absofutefy iike, for it to be prohibited because of the fact that we don't people wandering away from these facilfies...if we are going to allow them, we don't want them wandering around under the influence. f think the intent of the taw was to go forward and do it from your residence. And, las�y, there was an interesting thing tha# I found out recently when f read through the law. It talks about primary care givers, and primary care giyer...the way 7 APPROVED MINUTES PUBLIC SAFETY COMMISSION JUNE 94, 2006 this thing is set up right now, the way the faw is written right now, it doesn't taik about dispensaries in 11362. That is something that has been created under the idea that we're going to provide a safe avenue for these people to gain their medicat+on. It talks about primary care givers,and in it,the verbiage basically states the primary care giver is an individual who consistently provides for the safety, health, or welfare of that individual's health and mai�tains their medication. And I would pose to you that right now what we have is people signing up to be patients, or their care giver is CannaHetp,which is an organization, not an individuaf, number one, and number finro, they're not consistentty providing for that individual. The problem that we have is...l saw a letter recently where we had a recommendation letter that had a b{ue dot in one comer with an initial and date and a red dot in the other comer with an inifial and date. And when we asked that subject about it, he said oh yeah, I'm a client of CannaHelp, and that's their dot, and I'm a client of whatever the other dispensary is in Palm Springs, and thaYs their dot. So there in and of itsetf, they're not the consistent care giver, which theoretically, there are three different medica!marijuana dispensaries in the Coachella Valtey right now that we're aware of. If there was a third dot on there, this person could theoretically go to our marijuana place, pick his marijuana, gv to the sec�nd marijuana place and pick his marijuana up, and a third marijuana place, pick up his marijuana, sell the other two ba#ches, and make his money for the first finro, for the first batch. And then don't even get me started on his ability to charge what he wants to charge, it's another story. But that's where we're at with the ordinance right now. I think we've made great strides. 1 think we're coming together with whaYs possib�y going to be a very good ordinance. I think that it needs to be very strict, and I think the City, if we're going to do it, we need to have strong regulations and basically say this is how we're going to do it, and iF you want to do it, this is what our option is to you. But I want to come together uni�ied. RL That's a good recommendation, a good point to(unclear}. I do have some concem, not sign�cant, but I do have some concem that the issue was tumed over to the Public Safety Commission for action and work and a recommendation, yet there is stitl work going on independently of that, outside the Commission,which is fine, but there seems to be some lack of coordina6on beiween that and the Commission's activfies. i would like to start,perhaps, by asking members of the City Council,who are staff {iaisons to the Councif, ifi you will, does the Council have a particular perspective on how they would like to see the community of Patm Desert develop _ in terms of whether or not they would prefer to see a medica!marijuana dispensary or prefer not to have to deaf with the issue, as some cities have done, and just eliminated them (unclear). And I know that, at least you, Jim, have had several discussions and a number of ineetings with proponents or opponents, so you have some pecspective, I'm sure (unclear). JF I think, and I'!I just speak for myself and l think a coupte of my colleagues... RSK We're not necessariiy in agreement. 8 APPROVED MINUTES PUBLIC SAFETY COMMlSSION JUNE 14, 2006 JF Well, you might be surprised. My preference wou{d be to have no dispensaries at atf, period, ever, and when this issue came up, it originally came up as part of an ordinance#hat.... RSK So far, we do agree. JF ...that was banning all masijuana in the City altogether, and then the advocates came, and they gave us this sham of a law because the more you get into it, the more poorly it's written...and I don't know if you got a copy, but I asked Sheila to give each of you a ten-year retrospective on Prop 215... SRG They have it. RL Yes. JF ...and we basically said it's not our intent to violate Catifomia law, but we're not sure what to do, and then our...l won't say staft'because it was just one person...issued them a busines5 licer�se, and that sort of changed the whole legal complexion about their legitimacy or illegitimacy. And so we passed an urgency ordinance banning atl dispensaries period. ,And I guess it's my view that t'd like to let this guy, one guy, continue to operate long enough so that we can collect data and take a look at it. My own view is that dispensaries are not required by right under the law, they're a privilege. It talks about collectives and cooperatives,but nowhere does it tafk about a dispensary. RL Correct. JF tn tatking to the advocates, they are strongly moving in the direction of getting 10,000 and 20,000 square foot facilities where they have hundreds of plants, and they grow them on-site, and they padcage them on site. And in reading that articte from the Califomia Lawyer, which is not a conservative magazine by any stretch of the imagination, and the communities they talk about that have had problems with this, like San Francisco and Oakland,my preference would still not to be having any dispensaries in Palm Desert. We do have the one that is arguably grand iathered in because of the issuance of a business license, which didn't come from the City Council. We have a moratorium, which I think is going to expire sometime here _ soon. SRG December 22"�. RL September'? SRG December RL December 9 APPROVED MINUTES PUBLIC SAFETY COMM1SStON JUNE 14, 2006 JF And we have the right to e�ctend that another year. I know that we talked to San Diego County about trying to get State intervention on a decision about whether Federal law preempts it or not. And for the five percent of people I think legitimately do use marijuana for their medical needs, 95 percent of them 1 think are just a bunch of 20- and 22-year-old kids that are using the faw. 1 told Steve when I went to the dispensary...and if you haven't been there, you might want to just go by and take a iook. 1've never seen so many sick teenagers and 20-year-olds in my life. RSK (unclear) JF So I don't know that Pve got my mind made up except that I'm sympathetic to the people that legitimate{y need it, but 1 don't see such a preponderance of them that we ought to pass an ordinance that allows for dispensaries. RL It doesn't necessarily have to be in every community. JF Correct. And so Riverside basically said they were going to come out with an ordinance, Indian Wells said they were going to study it...l'd just as soon, my druthers,that Palm Desert not take the lead on this and we study �t a littfe bit more and get better information, and 1 think we solved the short term process with law enforcement with medical cards, and gave them some extra time when he said that he was losing business, and that fime's about up if it hasn't run already. And we ought to just keep them to the medical cards because that solves our law enforcement probtem. ST The problem is that he is not abiding by that. JF Pardon me. ST The only problem is he's not abiding by that, and the moment he walked away, he wanted a caveat to that, basically,wanting an extension giving them 30 days more, and any new patients that come in he wanted to give them a 30-day window of opportunity to get their card. And if you listen to their... NIN While providing marijuana. ST And if you listen to their answering senrice, they basically are saying that they accept cards and letters right now, so they have never abided by your original direction. They're waiting for an ordinanoe to... JF Well, our original direction, I think, was May 1, and then I got a call on May 5"', the County was not accepting appfications out here, so I talked to Supervisor Wilson, he has somebody who comes out every other Thursday now and collects applications. We did give them a 30-day extension. My understanding, at ieast from the Supervisor, is that there is somebody from the County here in the Valtey 10 APPROVED MINUTES PUBLIC SAFETY COMMISSION JUNE 94, 2006 coilecting app{ications. And at least my discussions with the dispensary owner was you're going to have to stick with law enforcement cards, and he said weU it's really a hassle, and I said wett so's getting arrested. He can either have the card or.....so that has not come back to the Council yet, but ! don't know how much of this Dick Kelly... RSK My position is a lot simpler than that. You have a State law that is unclear that you can't follow and doesn't tell you what to do or how to do it, and you have a Federal taw thaYs very spec�c and teils you exactty what to do. And so it seems to me that we ought to follow the Federal law,which is very concise and tefis you exactly what to do. And the Legislature has a responsibility if they're going to pass a law to set it up so that we can administrate it. And if somebody has a prescription for pain killer, well we have a system for that. So if it's outside the system, 1 don't understand why it should be outside the system. MN Has the City Attomey given an opinion as to the rights this guy has or this establishment has as a result of having the license issued that's not privileged, that can be vague, that we can talk about. JF I'll just tell you generally...we retained outside counsel who said that we are duty- bound to follow Califomia law as a c'rty in Califomia. MN C7kay. The fact that we've issued a ficense, does that put us in a position where we can't revoke it tomorrow if we decided to ban it across the board? RSK See, we have a difference of opinion on that, too. I say no, it doesn't stop us. MN Okay. WeU, you just told me what the attorney said. RSK You understand. You're an attomey, and attorney's are wrong half the time. MN That's wrong, you've got that wrong. RSK No, I go to court, and I see one ioses and one wins. MN Yeah, but thaYs (unclear) No, you bring me a sow's ear, I can't make it into a silk - purse. Well, sometimes I can, actually. But as far as grand fathered in or some right, some (unclear) JF It would have to go through a business lic�ense revocation hearing, we'd have to have to grounds... MN Health and safety. JF Health and sa#ety grounds. We evaluated all the po4ice reports that came out 1'! APPROVED MINUTES PUBLIC SAFETY COMMtSSION JUNE 14, 2006 initiaily, and there wasn't, at least in ourAttomey's position and my opinion, enough nexus between the grounds and the business...we'd basicafly just have to nakedly pull his license and, in my opinion, open us up to liability. MN The question is, is there enough evidenoe, and it's a close cal1, that's what you're saying. JF Right. GK Does the license not need to be renewed each year, though? JF Mm-hmm. GK So based on the renewal, is there not anything that can be done to not renew the ticense? JF If we pass an ordinance banning dispensaries, we would not renew (unclear) (Unclear} RL In our packet of information that we received several weeks ago, there was a sample or model ordinance from the City of Rocklin that prohibited dispensaries, and it actually taiked about medicai marijuana dispensaries... RSK Where's it from? JF Rocklin? RL Rocklin (Unclear) RSK Northem California? JL Northem California. RL Sac�amento County. So the first section defined and described medical marijuana dispensary, what it was and what it was not. The second section indicated prohibited uses, and it said the foilowing uses are prohibited in atl zones, and no conditional use permit shafl be issued thereon or therefor. One zone was a kennel, they don't permit kennels in Rodciin. Another was junkyards, they don't permit junkyards in Rocklin. A third was a refuse disposal site, which isn't permitted in Rocklin, and the fourth was a medical mari�uana dispensary, siting severaf ordinances for reference, atthough I don't have capies of those ordinances. So t'm thinking there's probabiy precedence established in the State of Califiomia for some 12 APPROVED AAINUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 cities to foNow this particufar (unclear) RSK Yeah, they probably, in their badcup there, they probably have each one of those particular uses,they probably have listed why they're not allowed in the City,so that gives a lot more legitimacy to the marijuana dispensaries, if you have other uses that are not atiowed and reasons for each one. They probably did a good job. RL I think the Public Safety Commission coutd probably go one of two directions. One of those is to develop a position for limited use. JL Didn't we already? RL We did, but we didn't have our ducks in a row, so to speak. We were dealing without sign�cant amounts of information or history from the existing... JL Wel1, you've got it now. Are you going to change it? RL Well, thaYs one position. Another position would be to take the position as the City of Roseville has done and to devetop a very clear, consistent, very restricti�e ordinance that del�neates speciflcaNy exactly who, what, when, where, how, and makes it difficult, but not impossibte, for dispensary to be permitted in the City. But I think before the Commission moves in either direction, it's important for us to be of one, be of one mind, if you will, in#erms of which direction we should take or the direction that would be preferred far the Council and for members of the Commission. But before { move off that, perhaps I need to poti the Commissioners to check on their views and their feelings. RSK The one you already recommended was none, coRect? RL Corre�#. JL Correct. GK Correct. (Unclear) _ RL But before I do that, I'd like to ask Lt. ThetFord one more question with respe�t to medical marijuana dispensary. Now when I read every word in the Health&Safety Code, and any supplements thereto, I see no mention whatsoever that the law provides for a medical marijuana dispensary. It provides for a care giver. It provides for quafified patients, but it does not in any way come out with language that states or defines medica! marijuana dispensary. ST That's correct. There are many {egal opinions out there that support that exact 13 APPROYED MINUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 same statement. RL Thank you. Marty. MN You said the City Attomey is working on some language for a possibie ordinance, if in fact there were to be enterkainment of an ordinance to allow it on some restricted basis. You've told us wt►at you feel strongly about,the Department feels strongty about, on this issue and the others that you stilt feel strongly but not as strongly, I guess. Have you...first the question...have you turned over your comments to the City Attomey or the staff who's given them to the City Attorney? ST The City Attomey and I have talked several times as early as, or on Monday, about this issue. Let me make it clear, the Police Department's position is still that, you know, our ultimate preference would be not to have a dispensary due to the conflict in Federal law. That's obvious. MN Sure. ST However, we understand that there is a Califomia law. We do, you know, abide by wha#the Councif's direction is. You know, whatever it may be, here now or down the road. But yes, I've conferred with the City Attomey on issues not only regarding medical marijuana but other issues related to the City. We have had a lengthy discussion. The City Attomey has everything that I have in my book here, all of my recommendations. He has the Roseville ordinance, he has the Rocklin ordinance, he had (unclear) origina! proposal, and he has all of the new infoRnation that {'ve gathered through the last year or so. So we talk on a regu{ar basis, and he's very much in tune with what the desire is of the Police Department. MN Okay. And i think everybody here, and Councilman Ferguson said it, our personal preference wouid be not to have it. So, putting that aside for a minute, if there were to be an entertainment,just to talk about an ordinance for a minute, you said your finro big issues are a medical marijuana card, and I don't think you're going to get any argument up here about that. That seems like that's got to be a minimum...to me, anyway. I'm talking personally again, 1 don't want to speak for anybody else. You talked about the use on the premises, and explain to me...that seems to me to be problemafic, although i can't stand the idea, and if I were next door to one, I'd _ have a problem. But the conoept...the iwo things that make it problematic to me is � one, the exception you're tatking about, the exception that allows the agar places to have...to smolce cigars on the premises...the one on EI Paseo,there's one at The River, and that's the exception you're tatking about. That's a problem, as you pointed out. But the other problem, and the point you made, Lt., are that people will walk out of there and they'll go get in a car or be publicly intoxicated. Don't we have the same problem with bars that serve liquor? And so, to me, justi#ying that, while 1'd love to see you justify it, thaYs hard for me to figure out how to justify no use on the premises. The cultivation, now that you're running a farm inside a building. { 14 APPROVED MtNUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 mean, I can see how you could have health and safety issues there, you could have, you know, pest issues and things like that. But I'm struggling a little with the use on the premises issue for the reasons I just discussed. Cultivation on-site in a building on EI Paseo....do we allow peopte to grow, do we allow restauranteurs to grow... ?? Herbs JL Herbs, sure we do. MN ...herbs on premises... JL Yes, we do. MN You know, it's almost... JF It would be nice if it were black and white. MN IYs not. (Unclear) JL Let's pol!the Commission. MN Well, before we go, let me finish asking a question. JL This could go on forever. MN Well, it could, but it's important. RL It's an important issue. MN You know, if we were...if it's banned,you know,we're kind of taking the lead, as you suggested. If we ban it, we're kind of taking the lead in the Valley, and if we adopt a tough ordinance, which at least this Commission and this Council is not going to adopt anything that wouldn't be considered tough, we're taking the lead because nobody's really addressed it here in the Valley. Palm Springs kind of doesn't deal with it, is that what they're doing? JF They're currently... ST They're currentty having talks regarding the issue, but they're pretty much in a wait and see mode. From us tatking to other Chiefs of Police from Cathedral City and Palm Springs, they're in a mode of watching...and Indio...they're in a mode of watching what we're doing, but I know that Palm Springs is specifically having 15 APPROVED MINUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 discussions and... MN They're waiting to see what we do. JF Weli, t talked to the Police Chief of Palm Springs, and he said exactly that. They have far more militant people there, they're pressuring them far more than we're getting pressured here, and they're waiting to see what Palm Desert does so they can duck and cover. And I just don't want to provide them that cover. MN What do we have in place, other than sort of an oral commitment at the City Council meeting by the operator, that requires him to have medical marijuana cards for these people? ST There is an agreement. The answer is, there is no hammer at this point. He is abiding...with the exception of our interpretation of even his ability to run a dispensary, he's operating under the weak definition of being a care provider for multiple individuals out of that business. And by the definition of the�re not having a requirement by California law to where they can accept medical marijuana letters, he is abiding by the law, according to him. MN Okay, just so I'm clear before we take a poll. RL (unclear) JF Steve, you might want to check with the C'�ty Attomey because f thought he signed a settlement agreement with the City whereby he wasn't going to sue us, and we imposed certain conditions, and he voluntarily accepted them. There's some kind of written agreement. ST And #hat's exactly why I want to sit down with the City Attomey and talk to us in a group setting and say here's what is going on. W�'re not sitting outside their business waiting for their people to walk out, okay. But when we contact somebody who's got a medical marijuana letter, and they tell us they purchased it from there, and they didn't have a card, I keep that on file so we can give it to the City Attomey and say what recourse do you have because there's not an acfion 1 can take. The whole recourse is giving tfiem ammunfion to go ahead and have grounds to revoke . the license. At this point, you know, we're not having multiple cases out of there, but we're deating with the what if scenacio because of, you know, you have two more dispensaries in Palm Springs. You know,who knows what's going to happen - with those, and we have quite a few people patronizing this business. MN So there may be something in that settlement agreement where he agrees that he will not sell to anybody that doesn't have a card. ?? That's corre�t. 16 APPRQVED MINUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 MN So...do we have three choices, Lt., right now? And when I say "we," I mean the City, the Commission, and primarily the Council who we just advise. One is adopt an ordinance...recommend and perhaps adopt an ordinance, if the Council feels it's appropriate, banning it period, our existing recommendation. That's one. Number two is try to come up with an ordinance that allows it with conditions, CUP maybe, etc., etc., and all of these conditions...and that's being worked on by the City Attomey. And the third is do nothing and when this guy's license expires in December, November, December? RL tt expires prior to that... MN Whenever...whenever it expires, do nothing and then not renew it. Aren't those our three choices existing now? (Unclear? JL I thought you said September. MN I mean, if that's two months away,that's going to happen before arguably any of this happens. JF I think he got his license in November. (Unclear) SRG It was. JF Our hearing was the second meeting in October (unclear) JL We took action September 14'h, 2005. ST September 30�' of`06. MN September 30�'of`06,so thaYs three and a half months away. September,August, July, and half of this month. RL I'm sorry, Jim, when did we take action? Our recommendation? JL We, as a Commission, September 14'h, 2005. RSK He didn't necessarily have the license when you guys took action. RL That's correct. JL But we took a�tion... 17 APPROVED MINUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 (Unclear) RSK After you made that decision or recommendation, then somebody... MN Somebody issued a license. ST I do have a copy of the agreement that he signed. Again, this is a situation where this agreement was signed, and it was signed before...there was an issue in there of them providing information to us, and we sat down and talked to them about, you know, how that would actually occur and whether there was a need to, but...Clause #1 in it said that after 30 days from the date of this agreement, iioensee wil!only sell product to their dispensary people who have obtained/hold current medical card issued by the State of California, Department of Health Services in Riverside. And that was April 10"' of`06 when it was signed. MN ThaYs the one you're thinking about? (Unclear) MN So if he violates that... JF Then you'd have a basis to... MN ...then you'd have a basis to revoke his license, assuming that that agreement, you know, sort of implies that or says that. So...but if his ficense is going to expire September 30"', three and a half months away, one option is...because we're not going to have a ordinanoe either way within the next couple of months I would think...is to wait until it expires, have the City Attomey.... (Unclear) MN I'm sorry. RL We're at a point where we could. MN ...where we could do that...have the City Attorney, and maybe he already has given - the Council an opinion whether there's...be valid not to renew it without risk. JF Well, the initial analysis, and this came from our City Manager, not necessarily our City Attomey, is that our business license is not regulatory in nature...it's strictfy a taxing license. MN Yes. JF If you don't issue it,you don't shut down his business, you just don't get tax from it. 18 APPROVED MiNUTES PUBLIC SAFETY GOMMISSION JUNE 14, 2006 RL Right. JF Which is odd to me because then I don't know why something that is unreguiatory gives him the right to (unclear) MN Don't you have(unclear)power that if a business isn't licensed to shut it down in the City? JF Not under our ordinance. MN That would be something to look at...have the City Attomey look at it because if that's a viable option... RSK You can't operate a business without a license. JF Maybe we ought to get our City Attomey to come to the Public Safety Commission and give him these minutes and get some answers because 1 agree with you, Marty, if this were black and white, we wouldn't be here. But it's fraught with difficulties everywhere you tum,and you want to do the right thing and follow the law. But your personal preference is you don't want, you know, it's like adult theater, we don't have any in Palm Desert, thank heaven, but if somebody wanted to come here, there's very little we could to prevent that. RSK But we have a very strict ordinance, so it allows (unclear) MN Wefi, I don't know. It just seems to me there is an attomey option that obviously one of(unclear) RSK There are others, but 1 don't care to discuss those. MN Yeah... RSK There are definitely other options...there's never oniy three options. JF Sheila's going to hand you out each a copy of the agreement with the dispensary. MN Alright, well I'm thinking that answers my question. JB Sheifa, is the Public Safety Commission...if we were to get together with the City Attomey, are we allowed to have a study session versus something in a meeting? JF You mean a Closed Session? JB Yeah, have a discussion with the City Attomey. 19 APPROVED MINUTES PUBLIC SAFETY COMMISSION .lUNE 14, 2006 SRG 1 don't think so. You could have a study session. JF That would be a good question for the City Attomey. JB No, you could do a subcommittee meeting. SRG Yes. JL It can't be cfosed, though. SRG Yes, it can. JB You could only have two members of the Commission. ST That's my point as well is to have a closed meeting of the City Attorney with the key players ftom the City. Our position is strong that when we go to a public venue, we're coming fcom a strong posfion, and we're aH in the same (uncfear) as to what direction we want to go in, what legaf right we have...that's why that... JB Are you in a position to have such a meeting right now, the Police Department, would you be prepared to go into such a meeting? ST Absolutely, sure. (Unclear) JB 1've got some pretty strong feelings on it. I listened to the Mayor's and Councilman Kelly's opinion. While they sound different, they're very c{ose together on their opinion. A lot of effort and labor by the Police Department have already gone into just, you know, studying and capturing information on the abuses of...the illegal sates of drugs...if somebody goes in and gets their prescription,they come out, and they watch deals go down out in the parking lot of just, you know, selling the drugs off. For years I worked in drug interdiction programs, I've taught drug abuse when I was a Police Officer. I think...and maybe t've lost touch a littte bit, but in the time that...l think of a!I the studies I did as fa�as medical uses for marijuana, 1 think the closest they came to any medical use at the time they wece studying it...closer to a _ use for gtaucoma patients. Beyond that, 1 don't think that there is any other reaf legal medicat purpose for marijuana. I was real active in Prop 15 before t retired, and basicalty, f would just as soon that we don't even...you know, that we have an ordinance that prohibits it. JL And I second that. JB But I.,.1 (unclear) what the Lt. is talking about that if we can have a study session with the Commission and City Attorney that maybe we have a couple of inembers 20 APPROYED MlNUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 . of the Public Safety Commission get together with the Police Department and other City staff and the City Attorney to see if we can't knock something out and come to an agreement and a direction that we uniformly take, or a position we take. ST Just as a point, too...the handout that you were just given from the Catifornia Law Magazine, second page from the end has a pretty good finaf bfush on it, exactly what Councilman Kelly's talking about. It talks about the conflict between Federa{ law and State law,and it gives a very real picture of what needs to happen if this law is to move forward, and that is either one...they have to resolve the issue of it being a scheduled drug, okay...that's what uftimately needed to happen before they created the Califomia law. Until that's done, it's never going to be a bladc and white issue. RSK How couid the Legislature do something so irresponsible as what they did? (Unclear) ?? It was a proposfion the voters did. RSK 1 don't buy that because they have a responsibility when the voters do that, the Legislature has a responsibility to then set up the procedure to make it happen. They are responsible... GK They should have gone back and done clean-up language, but they didn't. RSK ...yeah, don't buy that. RL Yeah, it was Prop 215, right. JL Okay, where are we moving? JB 1 think we ought to go the direction of a study session or... RL Commissioner Larsh. JL Commissioner Larsh? You're asking me.... _ RL For your opinion. JL I go back to September 14, 2005, when we unanimousty, as far as I remember, wanted to adopt an ordinance prohibiting establishment of inedical marijuana dispensaries, which 1 say loosety. So i'm going back to our original stance on September 14, 2005. RL Commissioner Kirkwood? 21 APPROVED MtNUTES PUBLIC SAFETY COMMISSION JUNE 14, Z006 GK I agree. I don't believe that's an avenue that we really want to address here in the City of Palm Desert. I don't know why we would want a dispensary of any kind. Yeah,we have bars, that's true. We have no choice in those. They are tfiere. Why do we want to have another ptace that we can have probiems and have ifl-desired people that come around and say that they need to have medicat marijuana just for the purpose of their health? 1'm sorry, there's too many things that go wrong with that avenue, and I don't think it's necessary in the City of Palm Desert. And I think that the City Council should support that position. RL Thank you. 1 kind of feel the same way. Mrs. Giltigan. SRG What ) was going to suggest is because when we had our Execufive Management meeting on Monday,the City Attomey said...we informed him that we had provided the Commission with a copy of this, and he said well this isn't going to be the ordinance, that he's doing another one. So I think i�s incredibly important that we retum to the City Council with your comments and your opinions. I think by your meeting in July,we'll have what's going to be proposed to the City Gouncil. I don't know, at this stage, because the City Attomey is preparing this new ordinance, that... RL The Ciiy Attomey is preparing this new ordinance based upon work that's been done independently of the Public Safety Commission, with the knowledge, intent, and perception... SRG Exactly, you're right. RL ...that we would be moving forvvard with development of an ordinance that would permit. However, it appears to be in the interest of our community for public safety, welfare, and morals that we pursue an ordinance that would prohibit. SRG And I'm thinking as you're saying that...what you could do is adjourn this meeting to a spec�c date and time...l don't...l think... RSK (unclear) Commission can do that unfess it's a Closed Session. SRG But why does it need to be a Closed Session? _ RSK There's no need to have another meeting because they've all expressed themselves very clearly here right now, and all you'll do is give a chance for more - trouble. RL f'm prepared to offer a recommendation as the prerogative of the Chair, I suppose, given afl the input that we have received so far,to request a subcommittee meeting of this Commission to meet and prepare a comprehensive ordinance for review by the Commissior► prior to recommendation to Councif... 22 APPROVED MINUTES PUBLiC SAFETY COMM1SSiON JUNE 14, 2406 JL But we just recommended to them. RL ...and that subcommittee...well,we have to develop an ordinance for them...and that subcommittee to consist of mysetf... JL No. RL Hear me out....the subcommittee to consist of myself, Commissioner Butzbach, Lt. Thetford, City Manager's Assistant Steve Aryan, and City Attomey Dave Erwin. SRG Why Steve Aryan, i guess I would ask? RL As a member of staff working for the City Manager. SRG That would be me. RL That wou{d be you? RSK No Council liaison, huh? MN I think you want an independent recommendation. RL The comprehensive ordinance I'm talking about, Chairman Larsh, woufd be a comprehensive ordinance that would prohibit... MN Let me ask a question. RL ...based upon our reoommendations and the desire of this Commission and the implication of the desire of the Council. We could go two ways...a comprehensive ordinance to permit or a comprehensive ordinance to prohibit. And foflowing the direction, input, and comments, it would seem that we would develop a comprehensive ordinance to prohibit. RSK No....there's also an option to wait and see what some other city is going to do. MN That's correct. - SRG I'm just going to add one thing, too. RL But working in a study session and a subcommittee to develop... RSK Let's hear what Sheiia has to say. SRG There's going to be opposition from the City Attomey's office for any group to write a City ordinance...that's the City Attomey's job. There's going to be opposition to 23 APPROVED MINUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 that. My recommendation to you would be wait until the City Attorney has this new ordinance, have him sit down with you and go through it, get it in advance so that you can comment on it, but I think there's going to be...we look to the City Attomey to prepare the legal documents... RSK You're right on. RL That would be in opposition. RSK Well, when you get it, you'll get your crack at it. GK (unclear) SRG tYs just counter-productive. It's like (unclear)go out and pass propositions that we can't enforoe. The benefit of having the Ciiy Attomey write it...he knows the legal parts of it, he knows the City Codes...have him put it together. He knows that this is not what he wants as a final draft to go to the City Council, and 1 would respectfully request that we wait until we get the next draft before we do anything. JL And the Council already knows our position. SRG Right. JL (unclear) RL I have 23 pages of a recommended ordinance (unclear) SRG Maybe you should present that to the City Attorney. MN A solution is to ask...the City Attorney is drafting an ordinance as if they wiU be allowed under some conditions. RL Correct. MN Rather than...and the City Attorney's job is to do it. Why not ask staff to ask the City Attomey to draft at the same time an aftemative ordinance and, as part of that, to - give to staff a memorandum...it would probably have to be privileged...of some explanation regarding the ramfications of an outright ban,particularly in light of this one licensed person. That can't be a big deal for the City Attorney to do. Now, obviously, that has to go through the City Manager or the City Councit. We can't direct the City Attorney to do something. The recommendation would be why not an altemate, let us look at it, let him draft it, let us look at it... RSK Look at both of them together. 24 APPROVED MINUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 RL Correct. MN Yeah, as an option, as an alternative. That's what I was trying to say a few minutes ago. It just seems like an obvious altemative. iYs not going to take a lot of time to draft this second ordinance because it's the ban. It may take some time to draft a memo explaining what the ram�cations...and, again, I'm particularly interested in the ramifications to an existing licensed...how do you deal with that...if you adopt this, how do you deal with...is he "grand fathered" in, which means, you know, you have a waiver from it, you are exemp#from it, or what? Now that may be privileged, and so we might not be able to talk about that, but the Committee can talk about that. SRG And the Council has discussed all types of issues, and it is prnrileged, so it's hard for me to... RSK What's the...see, that proposal would be that when the City Attomey does this ordinance, that he does both, one where you would have control, and the other one just banning it completely. It seems like that would be a very legitimate... SR� And it would be easy for this Commission to make a recommendation that we could get in print in time for submission to the Council in Closed Session saying that you are recommending the ban and asking that the City Council be given the option of an ordinance than bans... RSK in other words, their recommendation would be that... SRG Right. RSK ...that the Ciiy Attomey write iwo ordinances, one controlling and one banning. SRG Right. MN And we need to vote, 1 guess because my present posfion would not be to recommend a ban. My present position would be ask the City Attorney to produce two altemative statutes, ordinances, as has been described, and present them to us before the City Council acts on it, not before the Ciiy Council....if the City Council - is going to act before we see them, I don't want to see them because it's a waste of my time. RL Right. MN That happens, and that's frustrating to me, but we're dealing with an issue...l understand the City Councii has to act sometimes, but we shouldn't then be asked to, after the fact, give an opinion on it because it's a done deal as far as I'm concemed. So if there's time to do it... 25 APPROVED MINUTES PUBLIC SAFETY COMMiSSION JUNE 14, 2006 SRG There is. MN ...then my position is and my suggestion is... RSK There's plenty of time. MN I know, especially until September 30th. RSK Five years would be very...okay. MN So my position would be... RSK So don't worry about time. MN ...my suggestion would be... RSK Do it in a motion instead of a suggestion to get things moving. MN Alright...l don't want to make a motion until we've ta{ked about it, but I can make a motion... RSK Weli, you can talk about it after you make a motion. MN Okay, well...you can sit in the Chairman's chair. RSK Wefl, hey...you maybe should read Roberts' Rules of Order. MN Maybe I should. RSK Do that. MN My suggestion to the Council, or to the Commission, woutd be that we ask for these altemative ordinances, if we can get them in time before the Council is goi�g to act, that we look at those, and then we decide whether or not we want to reconsider our current position. We've already stated out current position. RL Correct. MN And we can consider, because apparently the City Council has asked the City Attomey to prepare an ordinance,so the Ciiy Council is still wrestiing with the issue. SRG And by way of explanation of how that happened was this business license was issued, the Council had already acted on what you decided last September, and that was the growing, am 1 correct there, Steve? They had a special meeting on Christmas Eve to adopt an ordinance placing a moratorium on everything,and that's 26 APPROVED MINUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 where the Pubiic Safety Commission fell through the cracks. So, i'll make sure that doesn't happen again. I think the direction, if I'm hearing you, if that was a motion, that we come back with two ordinances, that the City Attorney come back with two ordinances, one controNing and one banning, for review and input by the Public Safety Commission in advance of presentation to the City Councit. RL Which would also include, as I recal{, an analysis of where we are with the present business license nonconforming use, that is not addressed and permitted under current Heatth and Safety Laws, current California law, which does not address medical marijuana dispensaries. GK Quesfion. RL Yes. GK Sheila,forgive me,but is City Council looking for a recommendation from the Pubfic Safety Commission? SRG Yes. That's why we're here. This has been on your Agenda, and we kept continuing it because the Council has been discussing it and, frankly, they've been discussing it in Closed Session, so then it makes, you know... GK Well, we had continued it to, I believe, it was the May meeting... SRG Right. GK ...and then we didn't have a May meeting. Rt Correct. SRG Right, and there really wasn't, at that point, anything to report additionally. We didn't have this draft ordinance at that point, so once we had the draft ordinance, once we had Lt. Thetford's comments on it, we then said we need to take it to Public Safety for their input. Now we've got something to say. Here's what's being proposed,this is what's coming out of our Planning Department,this is the response from our Police Department, please give us your comments, and then that was _ going to be forwarded to the City Councif. Not to say that your discussion of banning them and coming badc with two different documents for your consideration...l think thaYs excettent. So you have...and then the Council winds up with options as well when it gets to them. RL Correct. JB Now, do we stilt...would we still have time if we got...if we had two atternative proposed ordinance drafts,to stili have the subcommittee get toge#her with the City 27 APPROVED MINUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 Attorney and provide...are we spinning our wheels there? JL You're spinning your wheels. SRG You're spinning your wheels. RL Okay. MN Then that will be my motion. Two aftematives... SRG That 1 read back there? MN Yes, along with addressing, to the extent it can do so without, you know, providing privileged conf+dential information, which he may not be able to do, some explanation of fiow the one with the ban ordinance would affect the existing, you know, the existing operation, if that was your clarification. I'll so move. JB I'll second that. RL We have a motion and a second on the floor. All in favor. MN Aye JB Aye GK Aye RL Aye. Opposed? JL Opposed SRG And we'il come back to you at your July meeting, we will invite the City Attomey to be present to discuss with you, and we will give you drafts in advance of the meeting for you to review, provided the City Attomey is ready to present them. RL I sincerely hope we have the same type of tumout as we had today. _ SRG You want to know what? This is all going to be discussed...the ordinance wi11 be discussed in open session. RL f understand that. SRG And I think the Pubiic Safety Commission's comments, were they covered in the press, wouldn't be harmful. The City looks to you for your input, and if that's shared by the news media, I don't think that's (unciear), I think thaYs good. 28 APPROVED MINUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 RL Very good. JB I would just like to commend Lt. Thetford for the time, effort, and the presentation that he's made on this, what he's done the last couple of months on it. ST Thank you. RL Item B — update on the video surveillance program.... B. Update on Video Surveitlance Pilot Program Lt. Thetford noted that at the last meeting, the Public Safety Commission directed staff to move forward with development of an incentive pilot program and report back to the Commission. Code Compliance Manager Hart Ponder was going to do all of the research for such a program; however, he had been out ill recently, and staff had not yet been able to put together the necessary information. He said the intent now was for Mr. Ponder to do a {ot more analysis on the kind of system and the cost for the City to do a pilot program with matching City funds(similar to the facade enhancement program)for up to ten systems. If it works well in the business community, then perhaps a full-blown program could then be implemented. Ms. Scully reported that Mr. Ponder had retumed to work yesterday, and a report would be presented to the Commission at its July meeting. Commissioner Nethery moved to continue this matter to the meeting of Juty 12, 2006. Motion was seconded by Vice Chair Kirkwood and carried by a 5-0 vote. VIII. OLD BUSINESS A. Update on City Manager's Recommendation to City Council Regarding Police and Fire Budgets for Fiscal Year 2006/07. Lt. Thetford noted that a study session had been held with the City Manager and City Council approximately a week ago to review proposed budgets. The proposed Police budget included additional - beat hours to cover the north end of the City. It also included a dedicated Gang Task Force member, which Counci! indicated was something it woutd like to see. A second request for consideration was a dedicated K-9 for the City of Palm Desert; one proposal was for the City to cover the full cost 29 APPROVED MINUTES PUBLIC SAFETY COMMISSIQN JUNE 14, 2006 (approximately$240,000, including retrofit to the unit, upkeep on the dog, etc.), and the other proposal was for shared costs between the three Cove cities (with the City of Palm Desert's share to be approximately$123,000). Discussions had previousiy been heid with the City Council regarding the need for a bicycle patrol team in the City's business distric#. The Council felt the City would benefit more from having the two-man bicycle patrol team versus a K-9 and directed staff to go back and look at the costs for a twaman bicycle team, with the idea of coming in under the $240,000 cost for a K-9. He noted that the Target Team was broken up into the current four deputies and four beats. Each deputy had functional responsibility for that district in the City. He had put together a presentation to give to the City Council that rather than paying for two brand-new bodies, he proposed to take one Target Team deputy responsible for the business district(including EI Paseo, Desert Crossing, Mervyn's, and Westfield Shoppingtown), roll that position into ane of the bicycle team members,and then create another position. The cost would be approximately$193,000 for that one ful!-time new posfion. He noted the bicycle team would fall under the Target Team. Having such a tearn would allow the Police Department to get closer to the community, get better intelligence information, and patrol areas that would not normally be patrolled by a unit (i.e., alleyways, dumpster areas, alcoves, etc.). The total proposed budget for Fiscal Yea� 2006/2006 was $13.6 miliion. Mrs. Gilligan noted that the Fire budget had gone pretty much as presented, with the understanding that the City Manager's office would be looking at the overall operation of the different fire s#ations and the different costs that the City is paying which perhaps should be pa+d by the County. B. Update on Fire Station 67. Mrs. Gilligan noted that she had received a note from Mr.Aryan,who had to leave the meeting, that the project was approximately 90% - completed, and a walk-through would be conducted this week. The noted indicated that staff was opfimistic that the interior would be completed and the station crew, who currently reside in trailers on- site, could move back in within two weeks. She noted that the station was approximatety 25 years old; renovating it became a nightmare because of mold, asbestos, etc., and it took longer than originally anticipated. 30 APPRDYED MINUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 IX. REPORT ON CITY COUNCIL ACTION (S) None X. REPORTS AND REMARKS A. Comments by Public Safety Commissioners. 1. Email from Commissioner Butzbach Retative to Closed Circuit Television System on EI Paseo Commissioner Butzbach noted that the City of Palm Springs had installed a video camera system on Palm Canyon Drive. While there we�e protests and concerns early on, they had greatly dissipated with the decrease in criminal activity. Although there is no one watching them all the time, the monitors are in the dispatch area and if needed, the dispatcher has the abitity to zoom in to specific areas to give information to the Polioe officers. The cameras are pan tilt zoom lenses which work in all light levels, and they also have infrared illuminators. He said he did not know whether the City of Palm Desert had even considered such a system on EI Paseo, but it seemed like it might be a good idea, especially with all the recent criminal activity. He added that with regard to funding such a system, the Department of Homeland Security had a fot of money right now that was being made available to counties and cities. Lt. Thetford noted that Patm Springs had an officer-involved shooting, and the offioer was actually cleared of any wrongdoing because of the video footage. He said the City management and the Police Department had already considered video surveillance for EI Paseo, not just for the value o# the property and businesses but because of the miUions of dollars worth of art on that street, and this is - something that would be nice to have. He noted that his department gets grant money every year for front line law enforcement, which might be used for this purpose. He said the Westfield Shoppingtown mall had extema! video surveillanoe, and those cameras had paid themselves back ten-fold. The Citibank bank robbery was solved because of those cameras,as ffie suspects were fi{med changing vehicies in the parking structure at the mall. 31 APPROVED MINUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 Commissioner Butzbach said he felt this was something worth pursuing. He asked if it would be appropriate to make a recommendation for staff to pursue a feasibility study. Mrs. Gilligan noted that the City had not yet iooked at what kind ofi programisystem wouid be needed. Staff looked at a video taping system for inside City Hall, and the Councit was not in favor; however, on the next City Council agenda will be an item relafive#o video equipment for the Civic Center Park. She said this would be a good time if the Public Safety Commission would like to recommend that Risk Manager Gary aosenblum take a look at what it would it cost and come back with that information for Commission review in July. Commissioner Butrbach said he felt there should be some faw enforcement input as well, and Mrs. Gilligan agreed. The Commission concurred. 2 �ce Chair Kirkwood stated she had severaf issues: — Some citizens had contacted her regarding traffic speed on Shadow Lake Drive between San Luis Rey and Portola. They felt nothing had been done about the speed, they had not seen any patrol in that area, and they wouid {ike to see something done. Lt. Thetford noted that citizens can access the Police Department website, click on the section regarding traffic concerns, and emai{ directly to the Traffic Sergeant exactly what their concems are, when and where the problem is, etc., which will result in an immediate telephone call and discussion. That department will go out and evaluate the situation in • person, put out the radar trailer, and monitor traffic. Fotlowing that evaluation, they will get in touch with the residents and show them the statistics, letting them - know whether or not there is a reat problem. He added that he would personally contact the Traffic Sergeant and ask him ta look into this matter. - — She distributed copies of a report she had prepared with regard to issues with traffic and speed along Tamarisk Row and Frank Sinatra, adjacent to the maintenance property of Pa1m Valley Homeowners Association, Inc. (on file and of record in the Communiiy 32 APPROVED MINUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 Services Division). She asked that this report be forwarded to the Public Works Department. Lt.ThetFord noted that the Police Department had been passing collision information on to City Traffic Engineer Mark Greenwood. He said Mr. Greenwood was aware of the situation and was coming up with a plan for new signage. He agreed it was a very pooriy designed road; however,it was not something that was designed by the City of Palm Desert. He noted that the majority of traffic collisions there were#he result of inattention rather than speed. He added that this was an engineering issue and how to make people aware of the severity of the curb as it is approached. — Another area of co�cern was westbound on Fairvvay, which is the same area where Shadow Lake Drive goes into, off of Portola. She said that dead-ends into the backside of the service gate for Shadow Mountain Resort, and another accident occurred there last Saturday. Signage had been requested there to indicate that it is not a thoroughfare and that the road ends. Commissioner Butzbach asked whether"botsA dots are still used. Lt. Thetford responded that while they were used, they woutd probabfy not stop someone who was DUI, and the loud noise from people driving over those devices might be a nuisance for people living on the other side of the fencehnra{I. 3. Upon question by Commissioner Larsh, Lt. Thetford reported on the recent gang-related fight at Red 74 invo{ving 15-20 peopie. As a resuft of that melee, the club owner wrote a letter indicating he would now comply with recommendations made by the Po{ice - Department to discontinue the 92.7 night with hip-hop music, change the music format, switch to plastic bottles from glass, etc. He said he felt the business " owner at Red 74 had been the modet business owner as far as working cooperatively with the Police Department. 33 APPROVED MiNUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 B. Update on the Citizens on Patrol Program Captain John Fanning noted that the program was on summer mode, and they were down approximately nine members, as a lot of their retired citizens and residents had left for cooler climates. Their major focus for the summertime was the events taking p{ace in the Civic Center Park(i.e., movies and concerts). He said he had met several times with Lt. Thetford to modify the COPs program and use its members more in order to free up some of the beat officers to go into other areas of the City where they are needed more. He noted that the program would be coordinating with Sgt. Vasquez of the Sheriff's Department, and they planned to have more of a presence in the Park. He added that the Sheriff's Department also indicated there were other areas where additional patrol was needed, such as EI Paseo. In addition, the CitSr had approved the aoquisition of a couple of golf carts, which would be outfitted similar to the Potice golf carts and would be used primarily for patrol in the Park area and on EI Paseo. With regard to their outreach program, he noted that Ms. Riddle had hefped to provide some large posters to be used in recruiting new members. Lt. Thetford said he appreciated the Citizens on Patrot and what they've done to help supplement the Sheriff's Department patrol. He said they were a big help to the Department, especiatly with activities such as the concerts in the park. C. Report from Risk Manager Gary Rosenblum Mr. Rosenblum noted there were two large changes coming to the emergency management plan, which will be presented either at the next meeting or the meeting after that: 1. Addinga Bird Flu Plan — The City is about to launch several seminars for staff to get management up to speed and then start to devefop a prooess ofi a plan for the bird flu pandemic. - The presentation for staff would be at feast an hour in length and would include details of the pandemic and how it wil{affe�t the City. Fotlowing that presentation to staff wi!{ be a tabletop exercise. 2. Enhancing the City's Evacuation Plans—The City currently has an evacuation section in the Emergency Ptan, but it does not have the kind of detail needed, particu{ar{y in response to the issue of people and pets. He said the pet element has to be 34 APPROVED MINUTES PUBLIC SAFETY COMMISSION JUNE 14, 2006 enhanced, and in order to deal with pet evacuation, it looked like the City would be moving down the path toward micro- chipping pets in order to identify them. He added that this would involve a lot of deliberation, and the matter would come to Public Safety Commission first for review and recommendation. D. Report from Lt. ThetFord Lt. ThetFord reported on the status of the recent jewelry store robberies, noting that within 12 hours of the Estate Jewelers robbery, two of the four suspects were in custody, and the other two had been identified. In the first 36 hours, investigators had recovered approximately$3 million worth of jewelry, $115,000 in cash, and four hand guns. To date, more than $5 million in jewelry and $130,000 in cash had been recovered, making this one of the largest jewefry store robbery recoveries in Ca{ifomia history. Some of the recovered items were from robberies on Rodeo Drive and Artesia, and the story of the recovery and arrests was on atl of the major Los Angeles news stations. The jewelry stores on EI Paseo were now working together and networking so that information can be quickly disseminated in the event of another robbery, similar to the program already in place with the banks in Palm Desert. XI. ADJOURNMENT Upon motion by Vice Chair Kirkwood, second by Commissioner Nethery, and a 5-0 vote,Chai�man Lebel adjourned tf�e meeting at 5:50 p.m.,with the next meeting scheduled to be held on July 12, 2006. RespectFully submitted, �% - MARY P. G S RECORDIN ECRETARY - 35