2011-05-24 - Laserfiche WebLink

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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