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HomeMy WebLinkAbout13B - COUNCIL COMMITTEE RPTS - PUBLIC SAFETYCITY OF SANTA ANA CITY COUNCIL COMMITTEE ON PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT MINUTES June 18, 2013 CALL TO ORDER: Santa Ana Police Department 60 Civic Center Drive, Police Community Room Santa Ana, California 6:00 PM ATTENDANCE: Council Committee members: David Benavides Michele Martinez Roman Reyna MEMBERS ABSENT: (None) STAFF PRESENT: Carlos Rojas, PD Jay Trevino, PBA Laura Rossini, CAO Scott Brown, OCFA Doug McGeachy, PD Ann Matulin, PD Ken Gominsky, PD Karen Haluza, PBA Eileen Greene, PD PUBLIC SIGN-INS: Evangeline Gawronski Pierre Desjardins Jennifer Teodoro Alexis Nava Teodoro Natali Rodriguez Jose Ventura Marilynn Montano Carlos Perez Abraham Medina Erika Pintor Dave Hoen Darren Shippen AGENDAITEMS 1. By Laws Assistant City Attorney Laura Rossini proposed a final draft of the By-laws which the full City Council would vote on for the various subcommittees. Chairman Benavides moved to have the By-Laws item brought back for further discussion at the next Public Safety Meeting. 13B-1 (Item 4 is taken out of order.) 4. Jail Operations Overview A discussion was held regarding the operations of the City Jail. An overview and update of jail operations and its history was given by Jail Administrator Ann Matulin. Administrator Matulin mentions that we currently have contracts with Irvine PD, ICE, and the U.S. Marshall's. The contract with ICE is not a part of Secure Communities. PUBLIC COMMENTS Evangeline Gawronski states that Alvaro Nunez, Code Enforcement for the City, said there is a new ordinance which will allow garages to be turned into apartments. She is very concerned about parking, among other things. Jay Trevino, Executive Director, Planning & Building, explains that the process to get approval would be very, very difficult. Pierre Desjardins, owner Bistro 400, says that he supports all the changes being made regarding the alcohol and entertainment permits. He provides the Committee with letters he has received from the different organizations within Santa Ana who also support these changes. Jennifer Teodoro, resident, speaks about the trauma that she and her family have experienced with ICE coming to their home in the middle of the night. She says that she learned that children of undocumented parents are not taken into account in conversations about immigration enforcement. She further addresses Chief Rojas and Councilman Benavides directly saying, in part, that "your cooperation with ICE causes irreversible damage. I know you have the power to say no to ICE, and you can keep families together. And I know that the City Councilmembers have the power to pass the city's ordinance cancelling the ICE contract and saying Santa Ana will no longer honor any ICE hold requests. I would like to end with a question for the City Councilmembers. How would you like it if ICE came pounding at your door and traumatized your children? Think about it." Alexis Nava Teodoro talks about the jail administration and the relationship that this city has with the Department of Homeland Security, via ICE and Customs enforcement. He states that this city government entered into an agreement with ICE to house detainees, but they are actually parents and mothers. He says that there have been several counties and cities that have passed ordinances where their jail administrations and their county officers do not honor ICE hold requests because of the controversy that they carry. He says there is an amendment in the Constitution that talks about the commandeering doctrine that says the federal government cannot impose its programs on local jurisdictions. Teodoro addresses the Council Committee 13B-2 saying, in part, "you guys have the power because you guys own the jail to tell the Santa Ana Police Department that you don't have to honor ICE hold requests because there's no law on the books in this nation that you have to honor these requests or you have to hold detainers." In closing, he states that when dealing with the issue of immigration enforcement, the Committee should be listening to the people that are most affected by it: community members who are undocumented or part of an undocumented family. Natali Rodriguez talks about ICE detainers and the issue of community members feeling safe in their neighborhoods. She says that the last thing the Police Department would want is a community afraid to trust the police, afraid to call and report crime. Ms. Rodriguez states that Santa Ana is a city of immigrants who need protection. She does not believe in subcontracting the Santa Ana jail, as it would be a form of collaborating with ICE. In closing, she directs a question to Chief Rojas, to City Councilmen Benavides and all other city representatives, "what will the City Council do, as well as the Santa Ana Police Department, to protect our undocumented residents who are afraid to trust the police and are afraid to trust in their own city representatives?" Chairman Benavides explains that this part of the meeting is strictly public comment; however, she could set up meetings to follow-up directly with any of the committee members. Chief Rojas also assures her that she may contact his office to discuss her concerns. Jose Ventura talks about Secure Communities and how it actually creates the opposite: a community afraid to report crimes and to give their testimony to the Santa Ana Police because they are afraid of the police sharing information with ICE. He quotes research showing that 45% of Latinos surveyed stated that they are less likely to contact officers if they've been a victim of a crime, because they fear that police officers will use this interaction to inquire into their immigration status or that of people they know. 70% of undocumented immigrants reported that they are less likely to contact law enforcement authorities if they were victims of a crime and, lastly, they fear that police contact is not confined to immigrants. Marilyn Montano is a resident attending Santa Ana College. Ms. Montano is part of an undocumented family. She shares her story of ICE knocking on her family's door and how they had to move many times because of the fear of her parents being deported. She says her parents only wanted to provide a better life for her but is questioning what is being done to provide the safety for her and her parents. Carlos Perez says he is advocating not just for the people of Santa Ana, but also families in the southern region of California. He states that the contract with the City says that the ICE contract should never be relied on to be one of the main sources of income or money for the jail to continue to operate. He believes that what the City is doing is contrary to humanity; making a profit out of immigrants to keep the jail afloat. Perez calls for an end to the contract with ICE. 13B-3 Abraham Medina is a resident who talks about the information shared with ICE and how it categorizes people in three levels. The low level category is for driving without a license, maybe being a day laborer, maybe being criminalized for being a street vendor. ICE made a report that 80% of the people in the ICE detention center in Santa Ana from 2008-2013 had not committed a crime. They were picked up through Secure Communities who share this information with ICE who, in turn, also pick up people in the communities. Medina says the city jail shouldn't be solely dependent on the ICE contract. He says the contract was not to cover salaries of elected officials or staffing of employees, and there is an injustice occurring in the communities. Mr. Medina is asking that the contract with ICE be terminated. Erika Pintor is a resident who spoke about ICE and her concern for the youth in Santa Ana who are afraid to go to school for fear of being deported. She said if students were tardy or truant, their information is shared with ICE, and they can be deported. She called for an end to the contract with ICE. Dave Hoen is a longtime member of the Forest Park neighborhood in Santa Ana. He wanted to commend the Planning Department for going back and listening to the input of the public regarding the new procedures for the alcohol and entertainment permits. He was also concerned to hear that rates for the parking permit program might be raised. Chairman Benavides stated that Council took action regarding the rate increase by reducing what was proposed to $60.00 flat; it was $86.00 proposed by the City. Darren Shippen supports the new alcohol/entertainment updates and appreciates that all the rules are across the board in equality. AGENDA ITEMS (Cont'd.) Chairman Benavides acknowledges the brief update by Jail Administrator Matulin in regards to jail operations and comments from the public in regards to the jail. Chairman Benavides requests the jail operations analysis study continue and that the City Manager, Chief of Police and jail staff come back with jail operations and whether or not we will stay in business. Further, that for the next meeting some type of action options are offered to recommend to the City Council on processing recommended detentions by the federal government and contracts. (Item 3 was taken out of order.) 3. Alcohol and Entertainment Permit Processing Update Karen Haluza, Planning Manager, provided a PowerPoint presentation with an update on the alcohol and entertainment permit process as well as a handout with a copy of the draft ordinance and standard conditions for businesses who are applying for alcohol licenses and entertainment 13B-4 options. A discussion was held whereby it was stated that any public hearings will go directly to the Planning Commission. A set of standardized conditions has been created and will be part of the Santa Ana Municipal Code. A new category of business being proposed will be called a concert venue with its own conditional use permit. The entertainment permit will have different Categories depending on the type of entertainment; all will have a standard set of conditions. The issuing authority for the entertainment permits will be the City Manager's Office. Chairman Benavides had the following modifications: 1) Section 11-1, extending after hours to 4:00am. No alcohol served after 2:00am but allowing food and entertainment until 4:00am. No entertainment between 4-8:00am; 2) Section 13, subsection 11-11, allow entertainment after 2:00am, push out to 4:00am; 3) Section 41-191. Regulated uses, subsection (b) (5), currently the proposed ordinance says that bars as defined in Section 41-25.5 are regulated by certain restrictions and ultimately not permitted. Recommend to strike that and add subsection (e), which is currently stricken from the ordinance, to state it shall be lawful for bars defined under Section 41-25.5 to be established within the separation requirement of 500 feet of any other bar or any property zoned to be used for park purposes or schools primarily attended by minors; 4) Section 41-196 (g)1 - strike item 1, of the proposed Ordinance; and 5) Section 41-196(g)2 - add language of an eating establishment, essentially making the distinction between a bar and a restaurant. Motion: Accept the Alcohol/Entertainment Ordinance with the proposed modifications/changes; move this to full council with the modifications for Council's approval. MOTION: Benavides SECOND: Martinez VOTE: AYES: Benavides, Martinez, Reyna NOES: None (0) ABSENT: None (0) (Council Committee member Martinez excuses herself.) (Item 2 was taken out of order.) 2. Red Light Camera Enforcement Program Deputy Chief McGeachy provided a PowerPoint presentation with an overview of the Red Light Camera Enforcement Program. The contract is with Redflex since the beginning of the program in 2003. On average, there are 4,000 activations a month and about 2,100 citations. In terms of costs, there is a flat fee of $78,000 a month for the system and that doesn't include performance 13B-5 credits if the system is down. That's down from about $107,000 a month in the prior contract. The reason for that reduction was due to amortization of equipment. The fine is $100; that is set by the legislature; it is mandatory, the judge cannot reduce that fine. The Court makes penalties and assessments so a $100 fine is $390. The total fine for a red light violation today is $490. This is how it breaks down: the City gets $153.71 of every violation that somebody pays to the Court and then break down the rest of the money that goes to the state and the county. The cameras record 24 hours a day, 7 days a week, on a 30-day loop. Footage is used to look at an accident at an intersection and for criminal investigations when it's appropriate. (Council Committee member Reyna excuses himself.) 5. City of Santa Ana Fire Services Update Chairman Benavides continues this item to the next Public Safety Meeting. 6. Committee Member Comments Chairman Benavides mentioned that there would be further discussion and information needed on Jail Options and the Red Light Camera Enforcement Program. 7. Items for Next Meeting A. City of Santa Ana Fire Services Update Adj777?;- CARLOS ROJAS Acting Chief of Police 13B-6 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT MINUTES August 27, 2013 CALL TO ORDER: Santa Ana Police Department 60 Civic Center Drive, Police Community Room Santa Ana, California 6:00 PM ATTENDANCE MEMBERS ABSENT: STAFF PRESENT: GUEST SPEAKER: PUBLIC SIGN-INS: PUBLIC COMMENTS Council Committee members: David Benavides Roman Reyna Michele Martinez Carlos Rojas, PD Scott Brown, OCFA Laura Rossini, CAO Ann Matulin, PD Pete Semelsberger, PD Brian Sheldon, PD Danell Mercado, PWA Pedro Guillen, PWA Eileen Greene, PD William Romesburg, Cit Com, Inc. Alexis Teodoro Juan Plascencia Abraham Medina Carlos Perea Hairo Cortes Marilyn Montano Karen Miranda Connie Hamilton Richard Barasch Alison Stanley Scott Sink Theresa Dang Thomas Gordon Alexis Teodoro - supports "Keeping Our Families Together" campaign. Mr. Teodoro turned in a document of a policy proposal that his group developed with their legal team to address the issue of protecting undocumented families from being separated. Mr. Teodoro believes that the 13B-7 City and the Santa Ana Police Department should not be honoring any ICE hold requests and that the ICE contract should be terminated. Juan Plascencia - supports the "Keep Our Families Together" campaign. Mr. Plascencia acknowledged that police are doing their job but by honoring the ICE contract, he said people don't even know who to contact, because they don't know who is going to show up at their doorstep. Undocumented students at school feel intimidated. When families separated, it takes a toll not only personally and emotionally, but also financially. Abraham Medina - supports the "Keep Our Families Together" campaign. Mr. Medina said they proposed an ordinance at the State level through assembly bill AB84 to no longer honor ICE detainers, but wants to pass a City ordinance to make Santa Ana a safe place for undocumented families. Orange County has the highest rate of youth deportations in the state because ICE and Secure Communities share information. Asking for City Council to pass the ordinance. Carlos Perea - talks about Bill 84 at the State level dealing with ICE hold detainers. Mr. Perea says the City needs to take leadership because cannot rely on whether or not it will be signed by the governors. ICE detainers should target people who commit serious crimes. Regarding privatizing the jail; this usually results in serious human infractions. Haim Cortes - supports "Keeping Families Together" campaign and the termination of police collaboration with Immigrations & Customs Enforcement. State-wide cases of victims of domestic violence are ending in deportation hearings. If police collaborate with ICE in communities of immigrant families, public safety will suffer. Families will hesitate to call police; they will live with abuse in their lives, with danger in their environments because of fear of being sent out of the country. Mr. Cortes said to stop using the Santa Ana City Jail as a detention center for ICE. Privatizing is not the answer either. Marilynn Montano - here as part of the "Keeping Families Together" campaign and a few things: 1) police shouldn't honor ICE holds; 2) my parents are undocumented and I have to worry every day because of police collaboration with ICE; and 3) Council Members and Chief Rojas need to listen to and stand by their community. Karen Miranda - resident and high school student who came in support of the "Keeping Families Together" campaign and ordinance. She is an undocumented student who lives with a single mom. She worries about what would happen if her mom gets deported. Connie Hamilton - alarming number of pedestrian fatalities here in Santa Ana. Spoke with Chief Carlos Rojas and Commander Ibarra. There's going to be a new public awareness campaign for pedestrians and drivers which is sorely needed. Also need to do public education, 13B-8 bilingual, some PSA'S. I would be willing to be on any type of citizen's committee to brainstorm this issue. Other cities that are just as dense have PSA's up on YouTube; I didn't see any for Santa Ana so we need to step up and do something. Richard Barasch and Alison Stanley - concerned about the discharge of illegal and safe and sane fireworks in Santa Ana on both July 4t' and New Year's Eve. They provided a handout and said they met with members of both the Police and Fire Department to discuss concerns. These are the suggestions they propose: 1) phone hotline to report illegal fireworks; 2) should be unmarked police cars to cite violators throughout the city; 3) safe and sane fireworks only on private property; 4) increase maximum fine for violators to $1,000; and 5) cites be served on property owners as well as the violators. Willing to participate in a joint task force to implement any or all of the proposals. Scott Sink - wants a new ordinance to direct SAPD to decline all ICE hold requests. Honoring detainers erodes community trust, rewards criminals, unjustly punishes migrants, separates families, and drains city resources. Anaheim and Costa Mesa partnered with immigration to make sure the worst criminals remain locked up, but there was no guarantee. In fact, the first people deported were for very minor crimes. Sharing data with ICE in not necessary to identify deportable felons, it usually affects non-criminals or those convicted of minor offenses. Felons are sent to county or state facilities where their status is checked. Theresa Dang - talked about local law enforcement collaboration with the Feds regarding the city jail. Secure Communities was sold as a program that would only go after dangerous criminals to make our communities safer. What we know from statistics of years of its implementation is that the vast majority of people that are targeted by ICE do not have a criminal record or convictions. Believes the jail should stay within local control. Suggests a possibility to re-purpose it; perhaps to meet the needs of the homeless community in Orange County. Thomas Gordon - Graffiti Protective Coatings got the contract 2.5 years ago with the city of Santa Ana. In that time, despite being promised that there would be several paint out events throughout the year; we've had only two. Graffiti is one of the big concerns in the city, and the residents are ready to commit to these events as well as Graffiti Protective Coatings. We would like to do at least two of these a year, not one in 2.5 years. Invest in our community, our children, our parks. AGENDAITEMS 1. Approval of Minutes of 6-18-13 Meeting Motion: Approve the Minutes of 6-18-13 meeting. 13B-9 MOTION: Reyna SECOND: Benavides VOTE: AYES: Benavides, Reyna NOES: None (0) ABSENT: Martinez Motion carries. 2. City of Santa Ana Fire Services Update Division Chief Scott Brown, OCFA, provided a PowerPoint presentation "A Year in Review" to discuss the new partnership between the City of Santa Ana and the Orange County Fire Association. Since April, 2012, OCFA has taken over the operation of ten fire stations in Santa Ana. All trucks have apparatus for firefighters and paramedics so they can provide EMS as well as respond to fires. Contracting with private ambulance services has provided a major cost savings for those who need to be transported to hospitals. OCFA will continue to engage with the community and is hosting a community safety day on September 8t' at Station 75 on Walnut Street. OCFA has a new website which can be found under the City's webpage. (Item 7 was taken out of order.) 7. Jail Options A discussion was held regarding options being considered for changing the operations of the Santa Ana city jail. Jail Administrator Ann Matulin gave an update: Option #1) obtaining total cost recovery from the present contract agencies - Federal guidelines preclude the reimbursement of certain costs, indirect costs, so unlikely to receive total cost recovery. Going through process of increase review will take approximately six weeks or 90 days. Option #2) leasing the building - met with Sheriff s personnel who indicated an interest; however, the organization is currently going through their own cost analysis. Any decision is about a year out. Option # 3) outsourcing jail services - three companies contacted. One said no. Another interested in a hybrid operation where Santa Ana would provide management and they would provide line employees; we would still have to provide medical and food services. The last company expressed an interest in total operation. Option #4) closing the jail. An RFP would be the best vehicle to find out what definitive options are out there. Jail staff created its own committee to look at and review how we might be able to do things more cost effectively. ACTION: Committee Chairman Benavides requests Chief Rojas prepare a memo for the full City Council briefly summarizing the jail options presentation. 13B-10 3. Integrated Software A discussion was held about the integrated software project being considered for implementation at the Police Department and the impact it would have. Bill Romesberg, a representative for Cit Com, a consulting firm, gives a report on his findings. Mr. Romesburg provided a PowerPoint presentation with an overview of existing software, the infrastructure of the Police Department from a technology standpoint and options going forward to replace antiquated, obsolete, and discontinued software. Recommendation was to acquire an integrated software system provided by a single vendor who could guarantee a degree of compatibility among shared systems throughout the different City agencies. The Police Department is looking at asset forfeiture funds as a potential funding source, as well as grant opportunities. ACTION: Chief Rojas will provide an update letter to City Council. 4. Review and Approve By-Laws Assistant City Attorney Laura Rossini proposed a final draft of the By-laws for the Committee to review and add their input. The City Attorney's Office has been gathering final drafts as the goal is to have uniform by-laws for all the various City Council sub-committees. MOTION: Move By-laws forward to City Council. MOTION: Reyna SECOND: Benavides VOTE: AYES: Reyna, Benavides NOES: None (0) ABSENT: Martinez 5. CERT Program: Update, Future Plans Sergeant Brian Sheldon, Santa Ana Police Department, provided a PowerPoint presentation with an overview of the City's CERT (Community Emergency Response Team) Program, where it is going, how we are getting there, and the current status of the program. The CERT Program is a partnership between SAPD and OCFA, coordinated by a Citizen Board appointed by the Police Department. A discussion was held regarding training residents to become CERT members and to be prepared to respond to emergency situations in their communities and work places. CERT members can also help with non-emergency projects that help improve the safety of their community. Currently working with a vendor to secure a course and drafting program polices and guidelines. 13B-11 6. Graffiti Paint Out Day A discussion was held regarding a graffiti paint-out day. Danell Mercado, PWA Projects Manager, announced that the next graffiti paint-out day would be held on Saturday, October 5s, 9:OOAM - 12:00 Noon. The meeting location is Madison Park and the contractor is Graffiti Protective Coating. There will be t-shirts and other giveaways for the volunteers. Fall and Spring were determined to be the best time to do these events so students can be involved. Announcements will be going out on Nixle, the City website, the September Com-Link meeting, and there will be a press release. Recommendation was to identify future dates, and to have it as a semi-annual event. 8. Parking Enforcement/Routes A discussion was held regarding parking enforcement/routes. Pedro Guillen, PWA Acting Maintenance Manager, spoke about the routes. After consulting with Parking Enforcement as to the areas of highest tickets, the City is looking at different options such as street sweeping alternatives along these routes. Eligibility requirements are it has to be a designated area in the city, street has to be close to 100 percent capacity, and on-site parking limited. In the next phase, the neighborhood is the applicant and they vote for the program. There would be a cost recovery for signs and staff work paid by the residents. Staff has met with the schools and adjusted street sweeping so it does not impact pick-up and drop-off for students. Chief Rojas spoke on enforcement side and said that violations were reviewed and they were accurate. He addressed the question of how to alleviate some of the problems with being in a densely populated area. The second go around component was eliminated because residents would check the signs, move the cars when the street sweeper was coming around, and then park their cars back on the street. The problem with the schools was a lack of communication between the Police Department, the City and the schools. The Police Department met with the school district, identified six schools that have chronic problems related to street sweeping or having not enough spaces, an assessment was done, and they came up with optional mitigation measures. 9. Items for Next Meeting on 9-24-13 A. OTS Grant/DUI Checkpoints Committee Member Comments Committee Chairman Benavides commented on pedestrian fatalities. He explained that action that was taken on this matter. Chief Rojas and Traffic Commander Ibarra set up an operation utilizing police officers in plainclothes crossing streets. Many times vehicles did not stop for 13B-12 them and within 2.5 hours, 87 citations were given out. Chairman Benavides stressed that education needs to be for everyone: pedestrians, drivers, mothers and children, especially since school is back in session. Councilmember Reyna briefly discussed a revision to the policy regarding ICE detainers that will be available to the public. Committee Chairman Benavides read from the report forwarded by City Staff. Ad i ournment - 8:40 P.M. r?CARLOSROJAS Acting Chief of Police 13B-13 13B-14