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CITY OF PALM DESERT
REGULAR
PUBLIC SAFETY COMMISSION MEETING
APPROVED MINUTES
Wednesday, December 9, 2009 — 3:30 p.m.
Administrative Conference Room
I. CALL TO ORDER
Chair Nethery called the meeting to order at 3:30 p.m.
II. ROLL CALL
CITY COUNCILACTiON
Present: APYROVED DF,NiF,D
CommissionerJames Butzbach RECEIVED�����' OTHF.R
Commissioner Gloria Kirkwood MEF,TING DATE - • ��-��v
Vice Chairman James Larsh AYF,S: 1 N ��r�
Commissioner Rick Lebel NQES: n �
Chairman Martin Nethery At3s[:N'_r: u
AI3STAIN: "
III. ORAL COMMUNICATIONS VERIFIED I3Y: �
Original on File with City Clerlc's Of'tice
None
IV. PRESENTATIONS
A. Coachella Valley Regional Earthquake Warning System
presentations by Seismic Warning Systems, Inc. Vice President of
Engineering Michael Price and Vice President of Sales Scott
Nebenzahl.
Gary Rosenblum introduced Seismic Warning Systems Vice
President of Engineering, Michael Price, and Vice President of
Sales, Scott Nebenzahl, to the Commissioners.
Mr. Nebenzahl gave an oral and PowerPoint presentation on the
Coachella Valley Regional Earthquake Warning System. He stated
that Seismic Warning Systems, Inc., CVAG, and the three unified
school districts have formed a partnership called "CREWS" wherein
they focus on earthquake preparedness.
APPROVED MINUTES
REGULAR PUBLIC SAFETY COMMISSION MEETING DECEMBER 9, 2009
Upon inquiry and comments by Commissioner Butzbach, Mr.
Nebenzahl responded that even though the window of warning was
short, he believed that it is a critical window of initiating the drop,
cover, and hold protective measures that first responders can take.
George Dickson Chief Executive Officer for Seismic Warning
Systems, Inc. addressed the Commissioners. He briefly explained
the history of his company and the importance of the early warning
system.
Upon inquiry by Chairman Nethery, Mr. Dickson responded that
there will always be concerns about false positives; however,
Seismic has an excellent accuracy record and its system is the only
one of its kind that carries a patent.
Commissioners thanked Mr. Dickson and Mr. Nebenzahl for their
presentation.
V. CONSENT CALENDAR
A. Minutes of the Public Safety Commission Meeting of October 14,
2009
Rec: By Minute Motion, receive and file.
B. Palm Desert Fire Services Monthly Report for September -
October 2009
C.
Rec: By Minute Motion, receive and file.
Palm Desert Special Enforcement Team Monthly Report for
October- November 2009
Rec: By Minute Motion, receive and file.
Traffic Team Report for October — November 2009 -- Includes
Traffic Collision Statistics for September- October 2009 and
Commercial Vehicle Enforcement Statistics for October- November
2009
Rec: By Minute Motion, receive and file.
D. Business District Team Report— October- November 2009
Rec: By Minute Motion, receive and file.
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APPROVED MINUTES
REGULAR PUBLIC SAFETY COMMISSION MEETING DECEMBER 9, 2009
E. Canine Report— October- November 2009
Rec: By Minute Motion, receive and file.
F. Coachella Valley Violent Crime Gang Task Force Report for
October— November 2009
Rec: By Minute Motion, receive and file.
Upon motion by Commissioner Larsh, seconded by Commissioner Lebel, the
Consent Calendar was approved as presented by a unanimous vote.
VI. CONSENT ITEMS HELD OVER
None '
VII. NEW BUSINESS
A. Request to Purchase Child Identification Fingerprint Kits.
Lt. Shouse stated that the Child Identification Fingerprint Kits were
very popular with the public and the Department receives multiple
requests for them.
Chairman Nethery commented that it sounds as though it is a
very good thing to provide to the citizenry.
Commissioner Butzbach moved, by Minute Motion, to concur with the Police
Department's request to purchase Child Identification Fingerprint Kits in the amount of
$996.00. Motion was seconded by Commissioner Larsh and carried unanimously.
B. Recommendation to accept Cal COPS Supplemental Law
Enforcement Services Funding (SLESF) for 2009/10.
Chair Nethery stated that this was a new Cal COPS Grant Award.
Upon inquiry by Commissioner Butzbach, Lt. Shouse stated that
the State has committed to fund the Cal COPS Program for this
fiscal year.
Commissioner Butzbach moved to, by Minute Motion, recommend staff to concur
with the Police Department's proposal and that the City Council accepts the Cal COPS
Grant of $100,000. Motion was seconded by Commissioner Kirkwood and carried by a
5-0 vote.
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APPROVED MINUTES
REGULAR PUBLIC SAFETY COMMISSION MEETING DECEMBER 9, 2009
C. Pool Safety Act (H&S Code Section 155920).
Stephen Aryan introduced Russell Grance, the City's Building &
Safety Director, to the Commissioners.
Upon inquiry by Commissioner Lebel, Russell Grance did not
believe that there would be a fiscal impact because under current
state law, homeowners would have to select one of the seven
safety features. His proposed amendment was to eliminate three of
the seven features. The picture depicted in the staff report shows
an installation in Palm Desert Greens wherein a homeowner opted
to install door alarms and no barrier around the swimming pool.
Anyone could enter the backyard and fall into the pool. He believed
that when the Legislature passed AB 2977, they tried to create
building codes and, in that effort, they made a mistake. All building
codes prior to the implementation of AB 2977, required barriers of
some kind around a pool. Mr. Grance was aware that the City had
several ordinances dating back to 1981, the most recent being Ord.
1024, which allowed homes in golf communities to maintain views
by not requiring any barriers around swimming pools.
In Mr. Grance's opinion, this sets the City up for having two
separate safety standards for children and a potential lawsuit in the
event there is a drowning. He believed that among the seven safety
features there were three that do not service child safety.
Mr. Grance said the Pool Safety Act went into affect locally when
the 2007 California Building Code was adopted. Any home built
prior to 2007, had to comply with the City of Palm Desert's
Ordinance No. 1024, which has five different safety features listed
in order of priority. For example, if you built a home in Bighorn and
you wanted to install a pool in your backyard, a barrier would not be
required, just exit alarms (as depicted in the photo of the home in
Palm Desert Greens).
Upon inquiry by Chair Nethery, Mr. Grance stated that the
amendments he was proposing would be more restrictive than
current state law.
Councilmember Jim Ferguson stated that when the State changed
the Pool Safety Act from five safety features to seven, there was
serious debate among the City Council as to whether they would
consider suing the State of California over the ordinance because
they did not like the additional restrictions. The Council believed
that it was also an unfair encroachment on local control.
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APPROVED MINUTES
REGULAR PUBLIC SAFETY COMMISSION MEETING DECEMBER 9, 2009
Chair Nethery commented that these proposed amendments would
certainly bring concern to homeowners in and out of country clubs.
Mr. Grance stated that if the proposed amendments were enacted,
existing legal non-conforming pools would not be subject to the new
codes. In the event that a homeowner wanted to make
improvements on his home to the degree that those improvements
would generate a building permit, then the homeowner would have
to adhere to the new codes.
A discussion ensued regarding the cost to the homeowner with the
approval of these amendments.
Mr. Grance stated that the California Building Standards
Commission, who is the author of all California Building Codes,
gives local jurisdictions the authority to amend the codes; they just
cannot be less restrictive. In this case, these proposed
amendments would be more restrictive. The City Attorney has
reviewed the proposed amendments and cautioned Mr. Grance that
he may have difficulty getting the amendments approved due to
past history with the gated golf communities.
Upon inquiry by Commissioner Lebel, Mr. Grance responded that
the scenario he outlined would not apply as the swimming pools at
Monterey Country Club are public swimming pools. He added that
private spas are required to have the same safety features as
swimming pools. There are spa covers that now meet the safety
standards.
Mr. Grance said that upon endorsement by the Commissioners, the
proposed amendments would be taken to the City Council for
review and approval.
Commissioner Lebel moved, by Minute Motion, to recommend approval of staff's
draft code amendment language to require all new or remodeled swimming pools to
install a pool enclosure, isolation fencing, or safety pool cover. Motion was seconded
by Commissioner Butzbach and carried unanimously.
D. Purchase of a Surplus Medic Unit from the City of Indian Wells.
Upon inquiry by Chair Nethery, Chief Rios stated that the surplus
medic unit was a good buy for $8,000. He said they can get about
120,000 to 130,000 miles on these vehicles. The unit was in good
condition and has been well maintained.
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APPROVED MINUTES
REGULAR PUBLIC SAFETY COMMISSION MEETING DECEMBER 9, 2009
Commissioner Lebel moved, by Minute Motion, to approve the purchase of a
surplus medic unit, in the amount of $8,000, from the City of Indian Wells to serve as a
reserve medic unit for the City of Palm Desert. Motion was seconded by Commissioner
Kirkland and carried unanimously.
VIII. CONTINUED BUSINESS
None
IX. OLD BUSINESS
None
X. REPORT ON CITY COUNCIL ACTION (S)
A. Mayor Protempore Finerty reported that she went on a ride-along
last Saturday evening, the swing shift, with Officer Steve Rivera
and Van Snapp. She said it was interesting, informative and Van
Snapp performed admirably. At the end of the shift, Van Snapp
was able to locate Officer Rivera's bullet, garage door opener and
car keys in the middle of a grassy field. After returning to the
station, Van Snapp also opened a briefcase containing
Methamphetamine, Cocaine and Marijuana. He also identified the
location of three narcotic substances placed in the room by Officer
Rivera.
Mayor Protempore Finerty attended the Canine Trials in Temecula.
Van Snapp received third place overall in a field of 57 dogs. The
most important news that came from her attendance was that she
garnered the Canine Trials to be held in Palm Desert in 2010. The
Trials will be held either the first or second weekend of November.
B. Councilmember Ferguson said that over 10 years ago, the City of
. Palm Desert made an effort to urge the County of Riverside to
expand the police station that adjoins City Hall. Nearly one year
ago, the City broke ground on a new police station, which is located
on 10-acreas of land at Gerald Ford and Portola, and slated to
open on May 5, 2010. He visited the most recent constructed
police stations in Lake Elsinore, Hemet, Marino Valley, and Lake
Perris. He said it was safe to say that the Palm Desert Police
Station has the most "state-of-the-art" police facility in the county.
A police presence will remain at City Hall with dispatchers and
officers in south Palm Desert. The new facility will amply service
the north sphere. He was pleased with the progress of construction
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APPROVED MINUTES
REGULAR PUBLIC SAFETY COMMISSION MEETING DECEMBER 9, 2009
and was looking forward to having the Commissioners out on May
5, 2010, for the dedication.
XI. REPORTS AND REMARKS
A. Citizens on Patrol Program
1. Monthly Reports for October - November 2009
Frankie Riddle gave a report on the COPS Monthly Report.
She stated that the COPS Caller Newsletter was not
included in this month's agenda packet; however, the
Commissioners will begin receiving the COPS Caller each
month beginning January 2010.
Upon inquiry by Commissioner Larsh, Ms. Riddle responded
that COPS members were not allowed to issue tickets;
however, they do issue warning citations.
Upon inquiry by Commissioner Butzbach, Ms. Riddle
responded that there were five marked COPS vehicles on
the road at any given time.
A discussion was held regarding patrol hours.
B. Legislative Update
None
C. Police and Fire Departments
1. CWCGTF Narcotic Seizure Statistics — Lt. Shouse
Lt. Shouse reported that at its October 14, 2009, meeting,
the Commissioners requested a report on narcotic statistics
from Officer Lauer that were not included in his presentation.
The document in this packet is the requested statistics.
2. Van Snapp/Press Release — Lt. Shouse
No comments.
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APPROVED MINUTES
REGULAR PUBLIC SAFETY COMMISSION MEETING DECEMBER 9, 2009
3. Mini Muster— John Rios
Chief Rios reported that he was unable to get the information
for this item to staff in time for this meeting. The report will
be given at a later date.
D. Staff
1. 2009 Public Safety Commission Disaster Planning
Subcommittee Report— Gary Rosenblum
Chair Nethery complimented Mr. Rosenblum on his report.
Gary Rosenblum reported that a Gated Community Radio
Network has been created that includes six gated
communities. A gated community meeting is scheduled on
' Friday, December 11, 2009, which will include presentations
by the Red Cross and Safe-T Proof.
Upon inquiry by Commissioner Kirkland, Mr. Rosenblum
responded that the Gated Community Network was a
voluntary organization. The requirement is the ability to
purchase a radio that matches the City's frequency and
costs around $300. There were 10 to 15 gated communities
that have sent representatives to the meetings. His last
roaster estimates that there are about 40 communities that
would be considered gated or organized homeowner
association groups.
Commissioner Kirkland asked Mr. Rosenblum if he would be
interested in making a presentation at a CAI meeting to
managers and board members. Mr. Rosenblum responded
that he would be very happy to do that.
Commissioner Lebel thanked Mr. Rosenblum for the annual
report, which was requested last month from the Public
Safety Subcommittee. One of the main focuses and
purposes of the report was so the Commissioners could
review it, as well as the City Council.
2. CNG Ambulance — Stephen Aryan
Mr. Aryan reported that the CNG Ambulance was delivered
to the fire department a few weeks ago. There was a slight
modification that needed to be made to the ambulance,
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APPROVED MINUTES
REGULAR PUBLIC SAFETY COMMISSION MEETING DECEMBER 9, 2009
which the vendor was proactive about sending a team out to
complete. Training will begin the first week of January
2010, and it will be fully functional and operational by the
second week of January with the grand unveiling shortly
thereafter.
Chief Rios reported that their IT people were installing the
intercom and computer systems. It still needs to be lettered
and detailed. He added that they were preparing an engine
to preview as well.
Mr. Aryan stated that the Commissioners will receive
invitations for the unveiling.
Commissioner Ferguson stated that they were looking at the
third week of January 2010, for the unveiling. Beyond being
a unique vehicle it will be the first CNG Ambulance in the
nation. They are expecting quite a lot of trade press at the
unveiling and was told by the City's consultant that this will
be the centerfold of fire publications across the country.
Stenciling will be a key point because we want Palm Desert
to be identified as those who blazed the trail. It runs on clean
natural gas and is safe for the environment. The
manufacturer has bent over backwards and we will need to
give them credit for engineering and designing a prototype
for us that is special and exactly what we asked for. We will
have a key turning over ceremony to the Fire Chief the third
week of January.
Chief Rios reiterated the comments of Commissioner
Ferguson with regard to the vendor, Fraser, Inc. They have
been outstanding to work with and very accommodating to
our needs.
Mr. Aryan reported that a preliminary meeting was held
regarding the City's Family Safety Fair. A date has been set
for Saturday, March 27, 2010, from 9 a.m. to 1 p.m. at the
Civic Center Park. The event will be for the entire
community. Organizations that we have asked to join us
are: The Living Desert, MADD Organization, the Children's
Discovery Museum of the Desert, the Canine Team and
more. The next scheduled meeting is January 25, 2010.
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APPROVED MINUTES
REGULAR PUBLIC SAFETY COMMISSION MEETING DECEMBER 9, 2009
Lt. Shouse reported that the Holiday Suppression Program is
in full swing. There will be an increase of police presence at
the mall, on EI Paseo, and the business district.
Lt. Shouse reported that there will be a DUI Checkpoint on
December 18.
E. Public Safety Commissioners
Commissioner Butzbach directed his comments to Mayor
Protempore Finerty and Commissioner Ferguson thanking them for
their gift as recognition for their service to the City.
Mayor Protempore Finerty thanked the Commissioners for a job
well done.
Commissioner Lebel thanked the Council, his fellow
Commissioners and staff for another wonderful year and wished
everyone a Merry Christmas and Happy New Year.
Commissioner Kirkland inquired as to whether the City has
considered or required that all business owners in Palm Desert
have a Knox Box at their place of business as part of the permitting
process in order to gain entry without having to break a window or
door, as well as emergency contact information.
Chief Rios responded that when the Fire Marshall's office sends an
individual out on new business or occupancy inspections, contact
information is obtained from the new occupant. That information is
complied and passed on to all fire stations, property managers
and/or property owners. If the business has fire alarms they will
obtain the providers name and telephone number, which then gets
passed along to our dispatchers.
Chair Nethery wished everyone happy holidays and it was a
pleasure being Chairperson this year.
XII. ADJOURNMENT
Upon no further business, the meeting was adjourned at 4:45 p.m.
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Lori Wimbish, Recording Secretary
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