HomeMy WebLinkAbout2011-09-27 PUBLIC SAFETYSANTA ANA CITY COUNCIL COMMITTEE
PUBLIC SAFETY
Minutes of Meeting
September 27, 201 1
CALL TO ORDER
The meeting was convened at 6:15 P.M. at Santa Ana Police Department, 60 Civic Center
Plaza, Police Community Room, Santa Ana, California.
ATTENDANCE
Council members present: Claudia Alvarez and David Benavides.
Staff present: Police Chief Paul Walters, Fire Chief Dave Thomas, Assistant City Attorney
Teresa Judd, Deputy Chief Carlos Rojas, Commander Ken Gominsky, and Loretta Tafoya,
Recording Secretary.
Public sign-ins: Sharon Portman, Mark Lopez, Irma Macias, Miguel Hernandez, Paty Madueno,
Jose Tinajero, Andrew Galvin, Teresa Dang, Hermalindo Saldana, Elsa Munoz, Juan Goday.
SUMMARY OF DISCUSSIONS
1. APPROVAL OF MINUTES
Minutes approved of the August 10, 2011 meeting.
2. IMPOUND POLICY UPDATE
Deputy Chief Rojas reviewed the Impound Policy with the recommendations.
Recommendation #1 - Officer allow the driver 25 minutes to contact and summons
another licensed driver to the scene, the Police Department used the verbiage similar to
that in the San Francisco Police Department policy was used, requiring an officer to wait
a minimum of 20 minutes from the time the driver is notified that he/she may summons
someone to the scene to take custody of their vehicle. Deputy Chief Rojas stated in
reality, it would take approximately 30 minutes. Committee member Benavides asked,
when does the time begin? DC Rojas stated that time begins once the driver is notified
and the tow truck is called. The time is documented through Communications and the
tow company. Committee member Benavides asked about discrepancies with the time
and how does it get documented. Police Chief Walters reiterated that everything is
documented through Communications. Committee member Benavides wanted to make
sure the driver is protected. DC Rojas stated the call is not only stamped through
communications, the report and ultimately, the tow company also records the time.
Recommendation #2 - Officer will allow a licensed driver at the scene to take custody of
the vehicle. The current policy already allows for a licensed driver to take custody of the
vehicle under certain conditions. Committee member Benavides asked if only the
registered owner can pick up the vehicle and how does the officer know who owns the
vehicle? Deputy Chief Rojas stated the officer has to make sure the driver is valid and
stated Records can check ownership.
Recommendation #3 -Have the driver sign a liability waiver in order to eliminate the
requirement for officers to consider towing a vehicle due to the high crime area. Given
the explanation and advice of the Police Legal Advisor, this recommendation will not be
included. This practice could potentially open the officer, the Department and the City to
claims alleging liability where there is none.
Recommendation #4 - Allow for a 24-hour storage for a vehicle that has never been
impounded and a 30-day impoundment for a vehicle that has been impounded two times
or more in the last six months. The policy will permit the vehicle to be released the next
business day (less than 24-hours) unless a 30-day hold is permissible as established by
the policy. A 30-day impound may be authorized when a vehicle is impounded where
the driver has been issued a citation for a licensing violation at least once in the past
nine months or two or more times in the past three years, or other violations as
enumerated in the policy.
Recommendation #5 - Eliminate the language regarding the "Due proves clause under
the 5`h amendment of the U.S. Constitution and case law:" reference to Post Storage
Hearings. Deputy Chief Rojas stated the language related to the due process of law
was changed from the 5`h amendment of the U.S. constitution (Federal Standard) to the
14th amendment of the U.S_ Constitution, which more accurately reflects local
government's duty to extend due process. Language referencing the post-storage
hearing requirements as set forth in the Vehicle Code was also included in the policy.
Recommendation #6 - No officer shall leave stranded any person who would not be able
to obtain transportation in a safe manner. The policy and current law already addresses
this issue.
Recommendation #7 - Accept an alternate form of identification in lieu of a fingerprint.
The Santa Ana Police Department must require a reasonable form of identification that
can be used to identify a person and prosecute that person for any criminal offenses as
appropriate. Unless necessary in furtherance of prosecution, no fingerprint obtained as
required by law shall be entered into any database.
3. PUBLIC COMMENTS
• Emilo Ramos stated until now, they have only received fragments of the new
policy with the condition that it could be modified without notice. Negotiations
have gone on with intrigue and secrets. He would also like more meetings with
the Police Department.
• Abraham Medina feels there is urgency for the policy due to families involved.
• Gema Salas feels towing and fees are still unfair. Many jobs need vehicles.
• Maria Zacarias doesn't like the idea of no liability and doesn't want towing at all.
• Paty Madueno believes the policy still needs to be worked on and feels it is the
same as the previous policy.
• Jose Tinajero appreciates the time that has been put in the new policy.
• Albert Castillo doesn't feel it was right that the Community did not have the
opportunity to review the policy prior to the meeting. Vehicles are still being
towed. He agrees with Recommendation #1. He does not understand
Recommendation #2. He questions the locations are considered "high crime
areas". He feels 30 days hold on a vehicle is cruel and unusual punishment.
There is no reason to tow and store vehicles. Doesn't understand #5. He likes
recommendation number #6 and didn't like #7.
Teresa Dang thanked the Chief and DC Rojas for their time. She believed the
Chief is in an optimal position right now and that the policy should just be
approved and should stop wasting time. She asked DC Rojas how the officers
would make contact with another licensed driver. She thinks the policy still
needs more clarification.
Mark Lopez thinks the impound policy needs to be more aggressive.
Sharon Portman would like the policy for chickens be reviewed.
Committee member Claudia Alvarez suggested policy be on next Public Safety Agenda.
She also recommended the Impound Policy be received and filed. The new law would
be in effect October 1, 2011. Committee member David Benavides 2"d the motion.
Committee member Benavides would like an update to council on how the new policy is
being impacted. The memo would be due December 15`. Committee member Alvarez
asked who were in favor. The motion passed.
4. COMMITTEE MEMBER COMMENTS
Committee member Benavides thanked everyone for coming and appreciated their
feedback. Committee member Alvarez stated the chicken laws are outdated and the
ordinance would be on next Public Safety Agenda.
5. ITEMS FOR NEXT MEETING
A. Chicken Ordinance
ADJ?OU^RNMENT - 6:33 P_M.
PAUL M. WALTERS
Chief of Police