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HomeMy WebLinkAboutPub Sfty Cmsn - 04/11/07 ���-� CITY OF PALM DESERT PUBLIC SAFETY COMMiSSfON APPROVED MINUTES Wednesday, April 11, 2007 - 3:30 p.m. Administrative Conference Room I. CALL TO ORDER The meeting was called to order at 3:30 p.m. by Chairman Jim Butrbach. 11. ROLL CALL Present: Vice Chair Gloria Kirkwood Commissioner Jim Larsh Commissioner Rick Lebel Commissioner Martin Nethery Chairman James Butzbach Also Present: Councilman Jim Ferguson Councilmember Cindy Finerty David J. Ervvin, City Attomey Paul S. Gibso�, Finance Director/City Treasurer Sheila R. Gilligan, ACM/Community Services Division Frankie Riddle, Director of Special Programs Lt. Frank Taylor, Palm Desert Police Department Mary P. Gates, Recording Secretary II1. ORAL COMMUNICATIONS Lt. Taylor introduced Deputies Denise Hignight and Mark Chlarson, the two new officers for the City's business district. Deputy Chlarson noted that merchants and citizens were very happy to see the new officers and felt very comfortable interacting with them. He said the new Segways were also a hit with merchants, citizens, and tourists. Upon question by Chairman Butrbach relative to how the Segways were transported, Deputy Hignight responded that they were disassembled and put in the vehicle trunk or onto an SUV. APPROVED MINUTES PUBLIC SAFETY COMMISSION APRIL 11, 2007 Mrs.Gilligan introduced CouncilmemberCindy Finertywhowastaking Mayor Kelly's place on this Commission as one of the City Council liaisons. IV. CONSENT CALENDAR A. Minutes of the March 14, 2007, Public Safety Commission Meeting Rec: Approve as presented. Commissioner Nethery pointed out that all of the actions from the March 14�' meeting showed a vote of"3-2, with �ce Chair Kirkwood and Commissioner Larsh ABSENT," and that should be corrected to reflect that the votes were 3-0-2. Commissioner Lebel noted that New Business Item E showed Commissioner Nethery making both the motion and the second. Mrs. Gates responded that it should be corrected to show Commissioner Nethery making the motion, and Commissioner Lebel making the second. B. Ratification of°Click It or Ticket" Mini-Grant Funding Supplied by the Califomia Office of Traffic Safety Rec: By Minute Motion, ratify funding suppfied by the Califomia Office of Traffic Safety, specifically earmarked for implementation of the"Click It or Ticket° seat belt compliance program. Funding has been authorized for the City of Palm Desert's part in this Statewide program in the amount of $11,353.40. Upon question by Chainnan Butzbach, Lt. Taylor responded that this would be an all overtime program except for the checkpoints, which would be done during regular business hours. Upon further question, he responded that the program woutd be done Valley-wide; while the La Quinta and Coachella Police Departments were not part of the grant process, they would be doing the same type of program at the same time and would take part in the press conference. He added that he would make sure the Commissioners and the City Councilmembers were notified as to the timing of the checkpoints. Upon motion by Commissioner Lebel,second by Commissioner Larsh,the Consent Calendar was approved, with noted changes, by a 5-0 vote. 2 APPROVED MINUTES PUBLIC SAFETY COMMISSION APRIL 11, 2007 V. CONSENT ITEMS HELD OVER None With Commission concurrence,Chairman Bu�bach suspended the r+emainder of the Agenda at this point in order to consider Continued Business Item A. Please see that portion of the Minutes for Commission discussion and action. VI. NEW BUSINESS A. Palm Desert Fire Services Monthly Report for February 2007 Mrs. Gilligan noted that she had just received word from Chief Otero that no Fire Department representative would be able to attend this meeting. With Commission concurrence, this item was continued to the meeting of May 9, 2007. B. Palm Desert Special Enforcement Teams Monthly Statistics for March 2007 Commissioner Lebel moved to, by Minute Motion, receive and file the Palm Desert Special Enforcement Teams Monthly Statistics for March 2007. Motion was seconded by Commissioner Nethery and carried by a 5-0 vote. C. Palm Desert Station - Traffic Collision Statistics for February 2007 Commissioner Larsh moved to, by Minute Motion, receive and file the Palm Desert Station-Traffic Collision Statistics for February 2007. Motion was seconded by Vice Cha i r Kirkwood and carried by a 5-0 vote. D. Commercial Vehicle Enforcement Statistics for March 2007 Commissioner Nethery moved to,by Minute Motion,receive and file the Commercial Vehicle Enforcement Statistics for March 2007. Motion was seconded by Vice Chair Kirkwood and carried by a 5-0 vote. Mrs. Gilligan noted that the Commercial Vehicle Inspection Officer would be coming back to the Public Safety Commission at its May meeting as a recommendation of the City Manager. She said it was a request to review the activities and a proposed formula for distributing costs throughout the three Cove cities. 3 APPROVED MINUTES PUBLIC SAFETY COMMISSION APRIL 11, 2007 Mrs. Gilligan added that the City of Palm Desert's participation in the President Ford funeral was costly, and the Federal Govemment did not deem it a ranking that would allow for reimbursement by the Federal Govemment. The budget surplus would be used to help cover the expenses of the Ford funeral. Mr. Gibson stated that initially,the City's share was expected to be approximately$400,000. Commissioner Nethery stated that the increase in the proposed budget as compared to last year's was less than a percent and a half to maintain the same level of service, and he felt this was very nominal. Chairman Butzbach asked whether the City had an asset forfeiture fund, where drug monies seized by the Police Department or the City have been retumed by the courts. Mr. Gibson responded that the County does get all of those funds, but he was not aware of the City receiving any credit. Lt. Taylor added that the County had a formula for distribution of these monies. He recalled that several years ago a proposal was presented to the City where a portion of asset forFeiture funds could be used to pay the salary for a position on one of the Narcotics Task Forces; that idea did not come to fruition. He explained that the way the funds are distributed, there is nothing left by the time it gets to the City level. Commissioner Lebel stated that at its December meeting, the Commission requested annual reports from the Police and Fire Departments to be discussed at the April meeting,and these were yet to be received. He said he felt they should be presented to the Public Safety Commission prior to review of the proposed budget documents. Mrs. Gilligan noted that these annual reports are usually produced by the Police and Fire Departments after the end of each calendar year and would not necessarily tie in with the budget. She said these reports should be available for the next meeting. Commissioner Nethery asked that the reports be provided to the Commission as soon as possible before the next meeting so that there is sufficient time to review them. Upon question by the Commission, Lt. Taylor explained that there were currently four motor positions, seven positions for traffic cars, and a commercial vehicle position. The proposal was to keep the same four motors and then take four of the seven traffic units and make them motors. This would mean there would be eight 5 APPROVED MINUTES PUBLIC SAFETY COMMISSION APRIL 11, 2007 motorcycle positions, three accident investigation car positions, and one commercial position. He added that the dedicated motorcycte sergeant position was already funded and in place. Upon question by Commissioner Nethery, Mr. Gibson noted that the City would pick up the cost for the motorcycles and maintenance. In response to questions by Mrs. Gilligan and members of the Commission, Lt. Taylor stated that at any given time (i.e., rain storm, excessive heat, etc.), the motor positions could switch to marked patrol units. He further explained that as all four of the existing BMW motorcycles were 2003 and 2004 models and were out of warranty, he felt they should be replaced with Honda. He added that when they were first purchased,there was a buy-back program through BMW to take them; however, that program had been canceled. He said the BMW motorcycles could only be seniiced in Riverside; the cost now was at least $1,000 each time repairs were needed, and it entailed taking an officer out of service as weA as driving time both ways and time spent waiting for the repairs to be done. With the Honda motorcycles,there was a facility in Thousand Palms that would come out and pick up the vehicles, repair/service them, and retum them. Commissioner Nethery suggested the possibility of staggering the replacement of the four existing motorcycles (i.e., replacing them all next year or replacing the two oldest this year and the other two next year). That way, they would not all have to be replaced at the same time in the future, and the cost could be spread out over more than just o�e fisca! year. Lt. Taylor noted that he had already held off an extra year on replacing two of the units. He felt it was important to get the replacements for the four existing positions as soon as possible in Fiscal Year 2007/08; however, the four new motor positions would probably not be filled at the beginning of the new fiscal year. He said he was asking for authorization to purchase the new motorcycles as the positions are filled. Mrs. Gilligan noted that if the Commission wished to continue this matter to the next meeting,the Police Department could comment on concems, questions, and comments raised at this meeting. In addition, that would allow time for both the Police and Fire Departments to complete their 2006 year-end reports. 6 APPROVED MINUTES PUBLIC SAFETY COMMISSION APRIL 11, 200T Commissioner Nethery noted that the budget as presented represented an increase of approximately 6% overall, which he felt was very modest. Commissioner Lebel asked whether the Police Department had problems filling CSO (Community Services Officer) positions and which they would choose if they had to make a decision between a CSO and a dedicated Coachella Valley Narcotics Task Force officer_ Lt.Taylor responded that there was currently one CSO vacancy at the station as a whole, and this budget request included one additiona 1 CSO position. As far as choosing between the two positions, he felt there was a need for all of the positions; however, the Coachella Valley Narcotics Task Force position would be at the low end of the priority list. He noted that the Gang Task Force position had been authorized for a year, and he expected that it would be filled in June or July. If Council were to authorize the Narcotics Task Force position, it would be filled in the same time frame. Mrs. Gilligan asked that Lt. Taylor provide a schedule of when the vacant positions are anticipated to be filled and said this could be included in the report that will be brought back to the Commission at the next meeting. Chairman Butrbach asked whether a study had been done as far as anticipated revenues for the City next fiscal year that would support this budget. Mr. Gibson responded that by eliminating the one new position, staff would be going to Council with a balanced budget of revenues versus expenses. Upon question by Commissioner Nethery, Lt. Taylor stated that witF� regard to Cal COPS funds, approximately $24,000 was used eacl-� year for the Holiday Suppression Program. The rest of the funds were used to support front-line law enforcement. Mrs. Gilligan noted that the Cal COPS money was not in next year's budget for the Federal govemment and was not a sure thing. Commissioner Nethery moved to, by Minute Motion, continue this matter to the meeting of May 9, 2007, with a request for 2006 year-end Police and Fire reports and a report from staff addressing concems and questions raised at this meeting. Motion was seconded by�ce Chair Kirkwood and carried by a 5-0 vote. Mrs. Gilligan noted that the reports could be emailed to the Commissioners as soon as they are available. 7 APPROVED MINUTES PUBLIC SAFETY COMMiSS10N APRIL 11, 2007 F. Consideration of Proposed Budget for Fiscal Year 2007/08 for Fire Services Commissioner Nethery moved to, by Minute Motion, continue this matter to the meeting of May 9, 2007. Motion was seconded by Vice Chair Kirkwood and carried by a 5-0 vote. G. Informational ttems: 1. March 27, 2007, Newspaper Article from The Desert Sun Relative to Medical Marijuana No action was needed or taken on this item. VII. CONTINUED BUSINESS A. Report from City Attorney Relative to Medical Marijuana Ordinance The following is a verbatim transcript of�is portion of the Commission meeting: Kev SRG Sheila R. Gilligan, Assistant City Manager for Community Services JB Chairman Jim Butzbach MN Commissioner Marty Nethery DJE David J. Erwin, City Attomey RL Commissioner Rick Lebel MG Mary Gates, Recording Secretary JL Commissioner Jim Larsh FT Lt. Frank Taylor GK Vice Chair Gloria Kirkwood SRG Chairman Butzbach...may I make a request, with the Commission's approval, to move the subject matter of the marijuana ordinance forward. Our City Attomey is here, and he has a commitment after this one, so if you could move it forward prior to discussing the budget, that would be helpful. JB I have no problem with that...any opposition? MN Do you need a motion? SRG No, just a consensus that it's okay. 8 APPROVED MINUTES PUBLIC SAFETY COMMISSION APRIL 11, 2007 DJE Mr. Chairman, members of the Commission, what you have is an updated version of this ordinance. It turns out it is version number six. I thought what I would do is go through and highlight for you and tell you exactfy where the changes were ftom our previous meeting. These changes also included changes that have been suggested by Lt. Taylor. I did meet with him in the interim period of time, and his changes, I believe, are incorporated in here as well. Starting on page one, under "C", we changed the Senate Bitl number to the Health and Safety Code Section, so that has been done. It didn't get done in the third place, but it should have been in "D"...it should be also this 11362.7. In the definitions on page finro, we have added a definition of "employee" which shall include employee, independent contractor, volunteers, or agents. And I noted in reviewing the ordinance that volunteers are not mentioned any place. I thought they ought to be at least categorized as employees. In the application process, 9.14.050(B)(6), we have changed this to read"photographs for identification purposes and full fingerprints(photographs and fingerprints shall be taken by the police department).° This is very similar to what we have in the Massage Ordinance, and we thought it appropriate to put it here. A similar type of requirement was also noted under 11 when it talks about the employees, independent contractors, and other persons...they have to go through the same process with photos,fingerprints, and a background check,all as set forth previously. In 9.14.080, which is the investigation and action on the application, we've added in the provision that in the event no action occurs within the 45 days, the application is automatically denied. In 9.14.100, under (B), we have changed that so that it reads °The applicant has violated any federal, state, or local law, statute, rule, or regulation." Previously it said "any local or state law applicable to medical marijuana cooperatives. I though that was limiting, so I expanded it to include any law. I also eliminated, out of(C)... MN Can I interrupt you? DJE Certainly MN Someone is operating one of these in another city or comes to open one in the City of Palm Desert, and because this may be a violation of Federal law, do you'd per se have a reason to deny them? DJE Yes MN Because it says, the applicant has violated any Federal law, you'd have an argument, wouldn't you, that by operating a medical marijuana cooperative in another city, even if it was property licensed and operating, maybe that would be a violation of Federal law, and I don't know if that's intended or if it would be argued iYs circular or... DJE It could be argued that way. I think one of the things that we have which did not get raised earlier when the staff issued the business license is that we are not supposed 9 APPROVED MINUTES PUBLIC SAFETY COMMISSION APRIL 11, 2007 RL Back on page 8 under Section 9.14.190... MPG Could you speak up, Commissioner Lebel, please? RL 9.'l4.190 on page 8...if you read the first statement, it appears that there is a process that involves the Business License Department, but the decision of the Police Chief is final. That would be the second statement. DJE I'm sorry...say that again. JL 9.14.190 MN It should say the decision of the Business License Department. (Unclear) DJE And it should be "revoking" instead of°revolting" on the second line. MN And a capital "I" in "iP', the first word. RL So that would give the decision of the Business License Department as opposed to the Police Chief? DJE Correct. RL Thank you. JB Thank you, Rick. DJE Those are the changes that we have made to it that have been included in this document that you have. MN And then, of course, the other alternative you gave us, which was the categorical prohibition, has not changed. DJE It has not changed, no change. MN Okay. JB In our February meeting, I believe we discussed that we wanted to talk...either have it agendized at the April or May meeting, as I recall, to make a recommendation to the City Council as per a consideration from them as far as the ordinance is concemed. Do we....thank you to the City Attomey for all the work that has gone into that. I have read it several times, and I've read other cities' ordinances...l've already been asked for copies of this from some other cities to look at. I did say 11 APPROVED MINUTES PUBLIC SAFETY COMMISSION APRIL 11, 2007 there would be a fee for it, but would we be able to take an action and does it have to be...is there any notice that has to be published that the Public Safety Commission is going to consider such an issue at all? SRG No. The public hearing process is in front of the City Council. DJE City Council. The Commission may act on the recommendation so long as it is on your Agenda. There is no specfic notice required. SRG And as discussed in previous meetings,you do have two options. You've discussed both options, and thaYs really at the discretion of the Commission, and whatever recommendation you make, we witl forward it#o the City Council. JB Is the Commission....oh, we have to agendize for the consideration...what we got today was a report and an update...is that correct? SRG It is agendized, though, officially. JB Oh, okay. DJE It is on the Agenda today. JB Okay. SRG The not�catio� and the agendizing of the item has been done properly, if that is your question. JB Okay. Is the Commission in a position today to make a recommendation? SRG I would ask your colleagues. JB I'm sorry SRG I would ask your colleagues. It's in front of you to make a recommendation, if you so choose. JB Marty, do you have any comments on this? MN I'd like to get a report on where we stand...what is the current situation with the cooperative or the...for want of a better word...the business that was being operated here in Palm Desert. What is...Lieutenant, can you give us a report on that, or can... SRG Actually, the City Attorney does, and I think... 12 APPROVED MINUTES PUBLIC SAFETY COMMISSiON APRIL 11, 2007 MN Maybe he can give us a report. JL Is it being operated right now? FT He's coming. SRG And I'm going to defer all of that to the City Attomey. tYs not a question staff can answer. MN Dave? DJE Yes. MN What is the status of the business that was being or is being or was operated in Palm Desert? DJE At the present time, the business iicense has been revoked. My understanding is that it is still operating by "volunteers" at the present time. MN And the revocation of the business license was because of... DJE If the Commission wili recall, initiaiiy when it opened, it opened prior to the Council being aware of it. There was consideration to have the business license revoked at that time. An agreement was entered into that indicated Mr. Hochanadel would provide product only to those who had a Riverside County card issued by the County and that there would be no consumption on the premises as well as a number of other condi�ions,that he would comply with the Compassionate Use Act, and there was a violation of the terms of that agreement. It was on that basis that the business license was revoked, and Mr. Hochanadel currently is awaiting trial, I believe, for...one of the violations is a violation of the Compassionate Use Act, selling for profit, among other charges. MN And that was the result of the raid that took place from the Riverside...not our local police but the Riverside County Narcotics Task Force or something. DJE (unclear) Task Force MN And those charges arose out of that. DJE Yes, correct. JB Anything else? Rick? RL I'm looking at a document that's entitled, excuse me, that's numbered...Ordinance No. 1102 for a date of October 27, 2005. There was an ordinance of the City 13 APPROVED MINUTES PUBLIC SAFETY COMMISSION APRIL 11, 200T Council of the City of Palm Desert adding Chapter 25.12 to Title 25 of the City of Palm Desert Municipat Code to prohibit the establishment of inedical marijuana dispensaries in the City of Palm Desert. Was that the second ordinance that we.._ DJE That is the second ordinance that you have. RL And that has not changed since then. DJE That has not changed. MN IYs a draft ordinance. It was never enacted. DJE It was never passed. RL I understand that. DJE And that is there for your consideration. JB Jim? JL Nothing. JB Gloria, do you have any comments? GK Nothing. JB Lt. Taylor, do you have any comments from the law enforcement perspective? FT The only comment I have is that we sat down...or I sat down with Mr. Erwin and went over the ordinance, and there were some things that we looked at. SRG Could you speak up. FT Oh, 1'm sorry. SRG I know I'm going deaf, but we couldn't hear Rick, either. FT I met with Mr. Erwin, and we went over the ordinance, and there were some additions we feft were appropriate or needed to be looked at. I brought those to his attention, and he brought this document up to this point. DJE There was a point in time, Mr. Chairman, that I believe it was Lt. Taylor's predecessor did appear at the public hearing on the ordinances in opposition to any medical marijuana dispensaries. He was urging the prohibition. It was Captain Thetfo�d. 14 APPROVED MINUTES PUBLIC SAFETY COMMISSION APRIL 11, 2007 MN Captain ThetFord. Has that white paper that the County District Attorney's Office issued in September of 2006...has there been any change or update or mod�cation to that that you're aware of? DJE No. MN And so the Riverside County District Attomey's Office is on record as taking the legal position that the Federal supremacy clause renders the Compassionate Use Act and the Medical Marijuana Program Act as illegal. DJE Yes. MN And that has not changed as far as you know. DJE It has not changed. (Unclear) JL If this were passed, the ordinance, how much man hours or time would have to be spent by the Sheriff's Department, or the City Police? FT Well, the application process is the same as it would be with the massage ordinance that is in place, so there is a significant amount of background that is done on everyone that is involved. JL What about the ongoing inspections and all of that that you'd have (unclear)...who does that, City staff or would you end up with it? DJE Combination of enforcement. FT A combination of enforcement. JL Enforcement of it, you'd end up with it...so it would impact you somewhat. Thank you. RL Mr. Erwin DJE Yes. RL I'd asked the question a couple of months back whether or not there had been a definition under Federal or State law regarding medical marijuana cooperatives and medical marijuana dispensaries. Has anything changed in that area? DJE There is nothing changed. 15 APPROVED MINUTES PUBLIC SAFETY COMMISSION APRIL 11, 2007 Rl So the definition that's being proposed in the ordinance in front of us today would be our version of defining that. DJE That is correct. If you recall, in the Compassionate Use Act in Califomia,technically there is no mention of a dispensary. They do talk in terms in one portion of a cooperative in growing, and they do talk about the care givers,which are all defined in the Compassionate Use Act, but there is no specific definition of a dispensary or a medical marijuana cooperative as such. It is (unclear) as a promotion of the Compassionate Use Act, which technically, if you will recall, if the Commission will recall, the Compassionate Use Act isn't an affirmative permission. It provides a defense if you have certain amount of marijuana for medical purposes to a State action or prosecution for possession of marijuana. tt's stilt illegal in Califomia, except you have a defense under the medical Compassionate Use Act. So iYs not an affiRnative type of permission that is given as being promoted as that, but thaYs not what it says. It is a defense. RL Thank you. Mr. Chainnan, after months of review and considerable debate, I would propose that we recommend to the Council adoption of an ordinance that would prohibit the establishment of inedical marijuana dispensaries in Palm Desert. GK I'll second that. JB IYs been moved and seconded... MN May we have slightly some more discussion before we vote? There's something I'd like to put on the record that is persuasive to me, and it follows up just what you were asking about. I've read this District Attomey white paper, and in connection with the comment that you just made and the question you just asked the City Attomey, it says there is no apparent authority for the existence of these store front medical marijuana....in Califomia, there is no apparent authority for the existence of these store front medical marijuana businesses, and then quoting later on from the white paper...medical marijuana businesses of any kind do not meet this legal definition foilowing the definition of...from the Act. In conclusion, he says...the District Attomey's Office says that it is there opinion that the cooperatives are illegal and should not be permitted to exist within the County's border, they are a clear violation of Federal and State law,they invite more crime, and they compromise the health and welfare of the citizens of the County. It also says they have the potential for creating liability issues for counties and cities. While I am of the belief that there are proper medical uses, I don't think it can be debated for medical marijuana, the state of the law is, I am convinced,that these cooperatives, dispensaries,whatever name you give them, are illegal under Federal law and that the Califomia law does not make them legal. And so for that reason, I am inclined to support this motion. And I wanted to put that in the record. 16 APPROVED MINUTES PUBLIC SAFETY COMMISSION APRIL 11, 2007 JB It's a very apropos comment. I just...my feeling is,too, and maybe it's just my years as a cop sti!!talking, but if the American Medical Association, drug developers, and the Federal Drug Administration feel that cannabis has a good medical purpose, then it should go through the process of becoming a Schedule I, II, or III drug, and it's distributed by a normal pharmacy through normal channels just like our other drugs are, and it's deait with accordingly. JL My only comment is that my mind has not changed since we started all this. JB Well, it has been moved and seconded that...to recommend to the City Council of the City of Palm Desert that an ordinance be enacted that would prohibit the use of marijuana dispensaries in the City. Any other discussion before the vote? RL I might clarify the motion that that would include cooperatives. JB Include cooperatives. MN It's really for the adoption of the ordinance, the altemative... JB Do we still refer to that as 1102? DJE No. JB We know iYs...as in the draft, okay. Those in favor signify by saying "aye." GK Aye JL Aye RL Aye MN Aye JB Aye. Any opposition? No? Hearing none, so recommended. DJE If I might be excused, Mr. Chairman. JB You are excused, sir, and thank you for all your time and effort. MN Thank you. JB Excellent document. SRG 1 want you to know this has been a huge job of the Public Safety Commission, and we have put together a book on everything the Commission has done and the 17 APPROVED MINUTES PUBLIC SAFETY COMMISSION APRIL 11, 2007 Council has done, so if any of you ever want to refer to past...we could give this to the Councif as a progress report of Public Safety Commission. JB Volume 1? SRG Volume 1, right. JB Thank you very much, Dave. GK Thank you. JB There were no items held over on the Consent Calendar.... For clarification purposes, Commissioner Lebel moved to, by Minute Motion, recommend to the City Council adoption of an ordinance prohibiting the establishment of inedical marijuana dispensaries and cooperatives in the City of Palm Desert. Motion was seconded by Commissioner Kirkwood and carried by a 5-0 vote. VIII. OLD BUSINESS A. Consideration of a Draft Operating Manual for the Citizens on Patrol Program. Ms. Riddle asked that the Commission continue this matter to the meeting of May 9, 2007, as staff needed additional time for its comprehensive review of the operating manual. She noted that a community meeting would be held at 10:00 a.m. on April 23, 2007, which would be a good opportunity to see how many people in the community are interested in the program. She added that the City would also have a booth at the Riverside County Health &Safety Fair at College of the Desert on May 12, 2007. Mrs. Gilligan noted that the current COPS manual was filled with "legalese" and was difficult to understand, and staff would like to make it as simple as possible. Commissioner Larsh moved to, by Minute Motion, continue this matter to the meeting of May 9, 2007. Motion was seconded by Vice Chair Kirkwood and carried by a 5-0 vote. IX. REPORT ON CITY COUNCIL ACTION (S) Councilman Ferguson stated that the City had come to an agreement concept with the County of Riverside for the location of the expansion of the 18 APPROVED MINUTES PUBLIC SAFETY COMMISSION APRIL 11, 2007 Paim Desert Sheriff's Station on Gerald Ford east of Portola Avenue. He said the County would be purchasing the land from the City at the appraised value. The only debatable point was whether the lead agency would be the County or the City. He said the City would be getting some badly needed space for the current station,which would remain at City Hall; however, most of the regional functions and other functions that Sheriff Doyle wanted would be going out to the new location, as would many of the motors and traffic patrol units. He said there had been some discussion about whether the new location would include a landing pad for a heliport, which was currently based in Thermal, and that would be the subject of continuing discussions. He noted that the goal was to take Undersheriff Lingle's entire responsibilities in the Coachella Valley and headquarter them in Palrr� Desert, together with the local Palm Desert, Indian Wells, and Rancho Mirage Police presence. The City of Palm Desert would receive a credit on the lease contract for the space occupied by the Sheriff's Department for use other than Palm Desert. He added that Supervisor Wilson was very anxious to get started on this project right away and wanted Riverside County to be the lead agency. He added that ground should be broken before the end of the year. Upon question by Commissioner Nethery, Councilman Ferguson stated that the initial phase of the project woutd be 45,000 square feet. Of that, he estimated a minimum of 70-80% would be the City of Palm Desert's, depending on what the City Council and the Public Safety Commission decide to keep here at the current station and what should go out to the new station. Chairman Butzbach asked whether this was anticipated to be any type of custody facility for prisoners. Councilman Ferguson responded that he had asked Undersheriff Lingle that question lastweek, and he indicated it had not yet been determined. He added that he did not think the City would be opposed to that. X. REPORTS AND REMARKS A. Comments by Public Safety Commissioners Chairman Butzbach noted that Senator Feinstein was sponsoring legislation for the second time that affected PERS employee retirement benefits versus Social Security and the Windfall Elimination. Mrs. Gilligan stated that this was a huge issue nationwide. He said the Governor had established a committee to look at the PERS retirement process and who gets what, and the City was trying to be 19 APPROVED MINUTES PUBLIC SAFETY COMMISSION APRIL 11, 200T proactive as a city in looking at what it needs to be done. She said staff would like to have a copy of any legislation that Chairman Butzbach had dealing with this issue. She added that the City also has a Legislative Review Committee that looks at every piece of legislation that is going to impact Palm Desert and makes recommendations to Council to oppose or support such legislation. Chairman Butzbach said he would provide copies of the information to Mrs. Gilligan. B. Update on the Citizens on Patrol Program See Old Business Item A above. C. Comments by Police and Fire Departments None D. Comments by Staff None XI. ADJOURNMENT Upon motion by Chairman Butzbach, second by Commissioner Larsh, the meeting was adjoumed at 5:22 p.m. � �� Mary P. G e ecording Secretary 20