75C - PH - EXTEND MORT CYBER CAFE

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Emergency Ordinance Adopting Moratorium on Cyber Cafes November 20, 2018 Page 2 concerns relating to the impacts of these internet access businesses and cyber cafe uses in the City. Cities such as Garden Grove, Westminster, and Stanton have implemented ordinances that limit the number of computers and access at these locations, provide clarity in the definition of the approved internet uses, and implemented ordinances specifically addressing illegal gambling. Crime statistics and calls for service in the City of Santa Ana and neighboring cities where cyber cafes and internet access businesses are located are significantly higher since these establishments opened for business. The Santa Ana Police Department identified 460 incidents occurring between January 1, 2018 and September 2018 at various locations in the City. These incidents have included criminal arrests to include the possession of firearms, possession of narcotics, possession of a stolen vehicle, and parole/probation violations. Since January of this year the Santa Ana Police Department has responded to noticeable increase of calls for service and officer generated activities. Since the City Council's approval of the moratorium on October 16, 2018, there have been two additional serious incidents at and/or near cyber cafes and internet access businesses. One involved an altercation and the shooting of a female victim in an adjacent parking lot of a business allowing internet access and possible illegal gaming. The second incident involved the arrest of documented gang members by the Santa Ana Police Department for firearm violations and gang enhancements at an approved Cyber Cafe. City staff recommends extension of the emergency ordinance which, if approved by 4/5 vote of the council (six affirmative votes), shall become effective upon adoption. The emergency measure proposes an extension of the interim ordinance which shall be effective for ten (10) months and fifteen (15) days. This measure could be further extended by the Council, if after public hearing, the City Council members, by four-fifths (4/5) vote, extend this ordinance for one more year (Government Code section 65858). The Ordinance will expire on October 15, 2019. The purpose of extending the interim ordinance is to promote the public health, safety and welfare during the time that City staff continues to gather and analyze information; prepare a study on cyber cafes and internet access businesses impact on surrounding businesses and neighborhoods; and provide a multi -agency enforcement plan. The study will include options and recommendations on whether to adopt a regulatory ordinance permitting the operation of such establishments, institute operational guidelines, or adopt an outright ban on these businesses. PUBLIC NOTICE Public notice of the proposed extension of the moratorium ordinance was published in the Orange County Reporter on November 9, 2018 in accordance with Government Code Section 65090. 75C-2