Loading...
HomeMy WebLinkAbout2011-05-24SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting May 24, 2011 CALL TO ORDER The meeting was convened at 5:48 P.M. at Santa Ana Police Department, 60 Civic Center Plaza, Police Community Room, Santa Ana, California. ATTENDANCE Council members present: Claudia Alvarez, David Benavides, and Sal Tinajero. Staff present: Police Chief Paul Walters, Fire Chief Dave Thomas, Assistant City Attorney Teresa Judd, Deputy Chief Carlos Rojas, Commander Ken Gominsky, Interim City Attorney Joe Straka, PCSS Mike McCoy and Loretta Tafoya, Recording Secretary. Public sign-ins: Albert Castillo, Sam Romero, Irma Macias, Rene Guzman, Aura Vasquez, Maria Rosa Lopez, Paty Madueno, Miguel Hernandez, Jose Andrade, Carl Benninger, Luis Mier, Brent Meyerson, Sean Cook, Dan Meyer, Vincent Rabia, Lauri Partell, Carter Dewberry, Dennis Lluy, Lisann Martinez, Connie Hamilton, Theresa Dang, Melody Gonzalez, Cuavhtli Crouth, Gina Sianas, Ann Camacho, Juan Godoy, Maria Munoz. SUMMARY OF DISCUSSIONS 1. APPROVAL OF MINUTES Minutes approved of the March 22, 2011 meeting. 2. SECURITY/FIREWATCH FOR THE SADDLEBACK INN Fire Chief Thomas explained he was working with the Building Department. He also has concerns with people entering empty facility. Council Member Claudia Alvarez wanted to know the difference between Fire Watch and Security. Fire Chief Thomas explained Fire Watch requires constant supervision of the facility to detect and alert the fire department if there is a fire, alert all occupants of a fire and assist with evacuation of all occupants. Security is responsible to make sure all occupants are kept out of the facility and notifies the police if there are any problems. She also questioned if there a system in place. Committee Member Alvarez motioned to have a Fire watch put in place. Committee Member David Benavides passed the motion. 3. BUILDING HEALTHY COMMUNITIES Deputy Chief Rojas gave an update on the California Endowment "Building Health Communities". The Endowment funds have been funding the Santa Ana Police Department programs such as "Parent Academy" and after school programs. Committee member David Benavides asked about the five geographical areas and Deputy Chief Rojas stated that the programs are in all areas. Committee member encouraged the Police Department. Committee member Claudia Alvarez asked what was the timeline for implementation. DC Rojas said the programs should all be implemented this summer. The District Attorney's Office has been handling the GRIP Program. Police Department is trying to get the District Attorney's Office to work together. Vic and Judy Edge left a message stating they were against the banning of smoking in the parks. BAILBOND SOLICITATION Assistant City Attorney Teresa Judd stated the City has received complaints on bail bond solicitation taking place on the sidewalks near the Orange County Jail. She explained that the Department of Insurance is the primary enforcement agency and the District Attorney's Office is the prosecuting agency for violations of the state insurance laws. Council member David Benavides suggested having a meeting to handout information and asked if the City imposes solicitation tax. Assistant City Attorney Teresa Judd will check with Fiscal. Council member David Benavides thanked Assistant City Attorney Teresa Judd for all her work she has put into this issue. Luis Miers suggested soliciting should be licensed. He has lost 85% of revenue due to solicitation. The City of Anaheim does not allow solicitation. Assistant City Attorney clarified we cannot regulate loitering on a public sidewalk. Need evidence of illegal activity. Jason Meyers asked if handing out flyers a freedom of speech or doing business. He believes it is illegal. Dan Escomino stated he has obtained an undercover video of illegal activity. He suggested the City to stop issuing business license to solicitors. Committee member David Benavides stated the City legally has to let the bail bonds men solicit and that the law is not cut and dry. Scott, a bail bonds man, stated he lost 97% of his business. He would like to see the Police Department put up an advertisement board up for the solicitors. 5. IMPOUND POLICY Deputy Chief reviewed the "Vehicle Impound Policy" and recommended the committee to review for possible changes for more clarity to the officers and citizens. Committee member David Benavides questioned the discretion of the officers and the tow policy. Deputy Chief said that officers may tow the vehicle, park or release to a licensed driver. The officer has the discretion and must use the "Community Caretaker Doctrine" when making the decision to impound. The Community Caretaking Doctrine states vehicles should only be towed if leaving the vehicle would jeopardize public safety, the offense is likely to continue or leaving the vehicle causes further traffic issues and vandalism or theft. The Doctrine also states if the registered owner is not licensed, the vehicle may be released to the owner's agent if that person is licensed. Committee member Claudia Alvarez asked how the officer will establish an authorized care-taker. Deputy Chief Rojas stated as long as they are a licensed driver, unless, there is a question of the registered owner. Thirty day impounds are only authorized when the driver of the vehicle is the registered owner or the driver of the vehicle is either the legal owner or admits to owning the vehicle or the owner of the vehicle gave them permission to drive the car and knew they were unlicensed. After a 30 day impound has occurred, a post storage hearing to release the vehicle shall occur as soon as practical and Traffic hearings will be held on every business day to ensure citizens can retrieve their vehicles Vehicles shall be released in accordance with the "Community Caretaker Doctrine" unless the driver has a prior incident of driving without a valid license in the past year or has at least two prior incidences over the course of the last five years and the driver was arrested for DUI, hit and run or other unsafe driving practices. Committee member Claudia Alvarez asked how much per day is the charge for impounds. Deputy Chief Rojas stated it is $140 for no registration and $190 for unlicensed drivers. Committee member David Benavides asked how much are the tow fees. Cmdr. McGeachy said the fees are $36 per day. Committee member Claudia Alvarez asked who was making all the money. Cmdr. McGeachy said the tow companies get all the money. She also asked how the citizens locate the owners. Cmdr. McGeachy stated the Traffic Division locates owners but didn't know about lien sales. Deputy Chief Rojas stated the Traffic Division sends letters within 48 hours. Committee member Sal Tinajero stated there is no reason why we can't tell tow companies the price of a tow and tell them they can't charge a daily fee until after the hearing. That is fair. There are no guidelines now. Cmdr. McGeachy stated there is a maximum that can be charged. Committee member Sal Tinajero said we can choose who we use and as a City, we can tell them how much to charge. If they don't want to do that, they don't have to be on the rotation. Cmdr. McGeachy stated there is a Santa Ana Tow Association. City Attorney Joe Straka stated the State governs tow companies. Committee member David Benavides stated the community is concerned they are being exploited and they think the Police Department also received money. Committee member Sal Tinajero stated we have to also make sure public safety is a priority. Committee member Claudia Alvarez asked about the Police Department having traffic safety classes. Deputy Chief Rojas stated the Police Department has traffic safety classes and pedestrian safety campaigns. Vic and Judy Edge stated they were against any change in the present policy. Mr. Lopez was for changing the tow policy and the DUI check points. He would also like to adopt the formal policy to be fair. Patty Menduno doesn't feel it should be left to the discretion of the officer just in case the officer doesn't like the person he stopped. She would also like to see the policy change on the Towing and the DUI check points. She encouraged to have committed members attend OCCO meeting. Teresa Dang commended committee and presenters of the PowerPoint. Sam Romero agreed with all the suggestions and is also concerned with all the fees. Connie Hamilton is concerned about unlicensed drivers. Miguel Hernandez thanked the committee on the research and invited the Chief to the OCCO meeting. He would like to work the Police Department on the new policy. Committee member Claudia Alvarez stated if anyone wanted to make any suggestions, contact the Chiefs Office directly. 2 A concerned citizen stated he was currently attending school trying to achieve his goals and feels that he is being treated unfair and criminalized. He cannot obtain a driver's license. Another member of the community also asked where does the Police Department post the DUI check point announcements? Deputy Chief Rojas stated that a press release is sent out. Ms. Martinez stated that people do not need to stop at check points. Mr. Hernandez is dealing with the symptoms of Immigration reform. Mr. Munoz said it is an interesting issue. Mr. Espinoza thanked committee for listening and that his family has been affected. Maria Munoz said her son lost his job because his car was towed. Oroza Arosas would like policy clarified. Deputy Chief Rojas stated the police department has a written document but wants to create a more comprehensive policy for the officers. Committee member Claudia Alvarez stated the committee with be working with the Police Department on the new policy. 6. DOWNTOWN DANCE ORDINANCE Commander Gominsky reviewed the dance ordinance. Committee member David Benavides asked for an explanation of the Public Dance Hall vs. Public Dance Place. Commander Gominsky explained that the Dance hall is open to the general public, pay for admittance, and music must be played for dancing. A Dance Place is operated to for the public, music provided and is no fee to attend. Private dances are excluded from Chapter 11, and no dance permit is necessary for a private dance. Commander Gominsky explained no music will be played outside any premises or may be audible beyond the area under their control. The proposed ordinance states a security guard will be employed for every 100 persons. Committee member David Benavides asked if a nightclub will be will be for 21 years and over. Chief Walters stated "yes". Nightclubs shall be for patrons over the age of 21 years. Committee member Claudia Alvarez questioned the ratio of ID's that can't be scanned. Commander Gominsky said there has not been a problem based on experience. She also question if there is going to be training. Commander said "yes". Chief Walters stated they will also be trained on how to detect false identifications. A citizen asked if 18 year old patrons can go inside venue. Commander Gominsky stated a Nightclub is open to patrons over the age of 21 years, for entertainment primarily during the evening hours wherein liquor and food may be served providing an area for public dancing. At concert venues, mixed adults and juveniles are allowed in the same venues until 10 p.m. After 10:00 pm the venue would be restricted to 18 years and older, unless the minor is accompanied by a parent or adult guardian or person in charge of said minor. Committee member David Benavides asked about kids being alone. Commander Gominsky said it is like El Torito. Committee member Claudia Alvarez asked about how they will know if a child is with a parent. Commander Gominsky stated it will be the business's responsibility. Commander Gominsky reviewed the cost recovery fee for police service and Committee member Claudia Alvarez asked about businesses abusing the fee. Interim City Attorney Joe Straka said that we can change the ordinance if necessary. Chief Walters stated he does not want any changes to Chapter 41. Commander Gominsky asked the Committee to accept recommendations and move forward to altering the current dance permit. Committee Alvarez wants sunset clause for safety reasons. Councilmember David Benavides asked who would be paying for all the security at concert venues. Commander Gominsky stated the owners will pay for their own security. Committee member Claudia Alvarez stated she was concerned about YOST/KOO's past history and the all age venues. Chief Walters stated that he knows the past history and asked Commander Gominsky to review past issues. Committee member Claudia Alvarez stated even though businesses are responsible and hears positive comments, a homicide occurred. Committee member David Benavides asked what the difference would be now with Koos. Commander Gominsky stated they were not good neighbors but he does see a difference now with the amount of investment that has been made. Chief Walters stated that there were reservations at the beginning also. We don't have the hard data but we did go forward with abatement but Koos went out of business before the abatement went into effect. Committee member Claudia Alvarez stated it is the City's responsibility to keep City safe. Committee member David Benavides stated what about regulations we have in place now. Commander Gominsky stated we didn't have any regulations for Koos in the past which makes a difference now. They also had no security guards. Committee member David Benavides stated he thinks we have more control with Koos now that we have the new ordinance and asked what type of regulations we will have when there is a problem. Commander Gominsky stated the Police department can pull the Dance permit at any time. We can also deny a concert if it looks like there would be a problem. PCSS McCoy stated that we can investigate what type of concert that is going to take place and decide how much security is needed. Committee member Sal Tinajero would like to make recommendation to this ordinance. Committee member Claudia Alvarez opened comments to the public. PUBLIC COMMENTS A Citizen feels that the ordinance is fine because the businesses would be watching the youth. Mr. Romero did not want 16 year olds in establishment. Wants security in and outside businesses. Does not want alcohol. He is afraid there are going to end up with too many bars in Santa Ana. Another citizen feels like the dance ordinance does not need updating. Complimented the committee. Encourage more clarity about the businesses being responsible. Mr. Luey asked about issues being discussed. There was only one bad incident and was concerned about his image. 8. COMMITTEE MEMBER COMMENTS Committee member Claudia Alvarez made a motion to recommend Concert Venue Option #1. They must have ABC license and sell food. Committee member Sal Tinajero seconds the motion. Public Safety committee voted unanimously to send the Dance Ordinance to the City Council 3-0 unanimously forwarded recommendation to approve alterations Citywide Dance Permit. Item #2 acceptance of a Downtown Dance Permit. Denial of a concert venue. ITEMS FOR NEXT MEETING A. Bailbond Update B. Building Healthy Community Update C. Impound Policy Update 10. NEXT MEETING DATE - Tuesday, July 26, 2011, 5:30 P.M. Santa Ana Police Facility, 60 Civic Center Plaza, Police Community Room, Santa Ana, California AD OURNMENT - 10:00 P.M. PAUL M. WALTERS Chief of Police 4