AGENDA PUBLIC SAFETY COMMITTEE DECEMBER 16 ......2013/12/16  · Frank Rhemrev, Assistant City Attorney Sean English, Fire Battalion Chief Liza Frias, Public Health Division Manager

AGENDA

PUBLIC SAFETY COMMITTEE DECEMBER 16, 2013

MEMBERS Jacque Robinson, District 1 John J. Kennedy, District 3

Gene Masuda, District 4 Steve Madison, District 6

STAFF

Steve Mermell, Assistant City Manager Sandra Robles, Recording Secretary

MISSION STATEMENT The City of Pasadena is dedicated to delivering exemplary municipal services,

responsive to our entire community and consistent with our history, culture and unique character.

In compliance with the Americans with Disabilities Act of 1990, listening assistive devices are available from the City Clerk’s Office with a 24-hour advance notice.

Please call (626) 744-4124 to request use of a listening device.

Language translation services are available for this meeting by calling (626) 744-4124 at least 24 hours in advance.

Habrá servicio de interpretación disponible para éstas juntas llamando al (626) 744-4124 por lo menos con 24 horas de anticipación.

Public meeting begins at 4:15 p.m. Items on the agenda may not be called in order listed.

Agendas and supporting documents are available on the Internet at

publicaffairs/agendas/pubSafety.pdf

Materials related to an item on this Agenda submitted to the Public Safety Committee after distribution of the agenda packet are available for public inspection in the Public Clerk’s Office at 100 N. Garfield

Avenue, Room S-228, Pasadena, during normal business hours.

COPIES OF THIS AGENDA

ARE AVAILABLE FROM THE

NEIGHBORHOOD

INFORMATION SERVICE AT

THE CENTRAL LIBRARY.

APPROVAL OF MINUTES

September 16, 2013 – Regular Meeting*

October 21, 2013 – Regular Meeting*

01 09/16/13

CITY OF PASADENA PUBLIC SAFETY COMMITTEE MINUTES

PASADENA CITY HALL 100 NORTH GARFIELD AVENUE

CITY HALL COUNCIL CHAMBER – S249 SEPTEMBER 16, 2013 REGULAR MEETING

OPENING The Chair called the regular meeting of the Public Safety Committee to order at 4:19 p.m.

ROLL CALL: Staff:

Vice Mayor Jacque Robinson (Chair) Councilmember John J. Kennedy Councilmember Steve Madison (Arrived at 4:25 p.m.) Councilmember Gene Masuda Steve Mermell, Assistant City Manager Phillip Sanchez, Chief of Police Frank Rhemrev, Assistant City Attorney Chris Russ, Police Commander Sandra Robles, Recording Secretary

PUBLIC COMMENT No one appeared for public comment APPROVAL OF MINUTES It was moved by Councilmember Masuda, seconded by Councilmember

Kennedy, to approve the minutes of June 17, 2013, July 15, 2013, and August 19, 2013 (Cancellation), as submitted. (Motion unanimously carried) (Absent: Councilmember Madison)

NEW BUSINESS AUTHORIZE THE CITY MANAGER TO EXECUTE THE MEMORANDUM

OF UNDERSTANDING BETWEEN THE PASADENA POLICE DEPARTMENT AND PASADENA UNIFIED SCHOOL DISTRICT (PUSD)

Councilmember Madison (Arrived at 4:25 p.m.)

Phillip Sanchez, Chief of Police, introduced the item and thanked the Pasadena Chapter of the American Civil Liberties Union (ACLU) and City staff for their participation and efforts with the development of the Memorandum of Understanding (MOU) between the Pasadena Police Department (PPD) and PUSD. Chris Russ, Police Commander, summarized the agenda report as part of a PowerPoint presentation, and responded to questions. The following individuals spoke in favor of the MOU:

Michelle White, Pasadena Chapter of the ACLU Kris Ockershauser, Pasadena Chapter of the ACLU Brendon Homme, Southern California Chapter of the ACLU Delano Yarbrough, Pasadena resident

Following a brief discussion, it was moved by Councilmember Kennedy, seconded by Councilmember Masuda, to approve staff’s recommendation and forward the item to the City Council for consideration. (Motion unanimously carried) (Absent: None)

02 09/16/13

ADOPT A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO DESTROY INTERNAL AFFAIRS FILES REGARDING INVESTIGATIONS AND NON-HIRE BACKGROUND FILES

Chief Sanchez summarized the agenda report as part of a PowerPoint

presentation, and responded to questions. The following individuals provided documentation, expressed concerns, and/or spoke in opposition of adopting the proposed resolution:

Steve Lamb, Pasadena resident Kris Ockershauser, Pasadena Chapter of the ACLU Martin Gordon, Pasadena Community Coalition Michelle White, Pasadena Chapter of the ACLU

Councilmember Kennedy expressed his concerns regarding the destruction of police records and requested staff to provide information on the retention schedule for destruction of records for surrounding municipalities. In addition Mr. Kennedy requested that staff separate the proposed action by the non-hire applicant files and the internal affairs investigation files in order to allow for his support of a motion to approve the destruction of the non-hire files only. Councilmember Madison explained that staff is abiding by the current state law and stated his support for the original staff recommendation. It was moved by Councilmember Kennedy, seconded by Councilmember Masuda, to allow the destruction of non-hire sworn and non-sworn applicant files, and table the destruction of the internal affairs investigation files for a future Committee meeting. AYES: Councilmember Kennedy, Masuda NOES: Councilmember Madison ABSTAIN: Vice Mayor Robinson ABSENT: None Following discussion on the motion and outcome of the vote, including a clarification by Frank Rhemrev, Assistant City Attorney, it was the consensus of the Committee, to forward the item to the full City Council for discussion and consideration. (NOTE TO PUBLIC: For a full explanation clarifying the outcome of this vote, please see the October 21, 2013 Public Safety Committee Minutes)

INFORMATION ITEMS REQUEST FROM COUNCIL MEMBER KENNEDY REGARDING

POSSIBLE MODELS OF PUBLIC SAFETY OVERSIGHT (ORAL) Councilmember Kennedy distributed a memo to the Committee expressing

his belief in the need to commission a study to determine whether it is necessary to create civilian oversight of the Pasadena Police Department, including potential models to be used and requested support from the Committee. He made a motion to have the Committee request that the City Council commission such a study, with the City Attorney to be tasked with developing the scope of work, with input by the Committee, as needed, and staff to return with a recommended budget in order to issue a

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Request for Proposals. The following individuals spoke in favor of the proposed motion:

Joe Brown, former Pasadena NAACP President Brendon Homme, Southern California Chapter of the ACLU Martin Gordon, Pasadena Community Coalition Reverend Hannah Petrie, Pasadena resident Michelle White, Pasadena Chapter of the ACLU Steve Lamb, Pasadena resident Kris Ockershauser, Pasadena Chapter of the ACLU Martin Gordon, Pasadena Community Coalition

The motion failed due to lack of a second. The Chair expressed her concerns regarding the expenditure of funds for a study on the possible creation of civilian oversight of the Police Department, stating that the funds may be better utilized to fund a current City assistance program. Following discussion, it was the consensus of the Committee to forward Councilmember Kennedy’s request to the full City Council for discussion. Councilmember Kennedy also requested that staff provide a report to the Committee on the feasibility of providing incentives to have top-level public safety employees live in Pasadena, specifically, the Police Chief, City Manager, Fire Chief, and possibly the Director of Public Works. Following discussion, on the order of the Chair, and by consensus of the Committee, the information was received with no action.

OLD BUSINESS LEAF BLOWER ORDINANCE (PMC 9.37) OPTIONS FOR

CONSIDERATION (POWERPOINT PRESENTATION) The following individuals spoke in opposition of the item:

Barbara Alvarez, San Dimas resident Brandon Linz, Monrovia resident

Due to time constraints, the Committee agreed to delay the discussion on the item until the next Committee meeting. On the order of the Chair, and by consensus of the Committee, the public comment was received and filed.

INFORMATION ITEMS BLS AMBULANCE PILOT PROJECT (POWER POINT) (CONTINUED) Due to time constraints, the Committee agreed to delay the discussion on the

item until the next Committee meeting. ADJOURNMENT On the order of the Chair, the regular meeting of the Public Safety

Committee was adjourned at 5:52 p.m.

04 09/16/13

ATTEST: ____________________ Sandra S. Robles Recording Secretary

_________________________________ Vice Mayor Jacque Robinson, Chair Public Safety Committee

01 10/21/13

CITY OF PASADENA PUBLIC SAFETY COMMITTEE MINUTES

PASADENA CITY HALL 100 NORTH GARFIELD AVENUE

CITY HALL COUNCIL CHAMBER – S249 OCTOBER 21, 2013

REGULAR MEETING

OPENING The Chair called the regular meeting of the Public Safety Committee to order at 4:21 p.m.

ROLL CALL: Staff:

Vice Mayor Jacque Robinson (Chair) Councilmember John J. Kennedy Councilmember Steve Madison Councilmember Gene Masuda Michael Beck, City Manager Steve Mermell, Assistant City Manager Phillip Sanchez, Police Chief Calvin Wells, Fire Chief Eric Walsh, Director of Public Health Frank Rhemrev, Assistant City Attorney Sean English, Fire Battalion Chief Liza Frias, Public Health Division Manager Sandra Robles, Recording Secretary

PUBLIC COMMENT Kris Ockershauser, Pasadena Chapter of the American Civil Liberties

Union (ACLU), stated her comments, questions, and concerns regarding several actions and matters related to the Pasadena Police Department. Martin Gordon, Pasadena Community Coalition, spoke in favor of a citizen oversight/review board for the Pasadena Police Department.

INFORMATION ITEMS UPDATE OF OFFICER INVOLVED SHOOTING – OCTOBER 11, 2013

Police Chief, Phillip Sanchez provided a brief overview of the incident that occurred on October 11, 2013 pertaining to an officer involved shooting, including a summary of charges filed against the offender, timeline of internal and external investigations, and responded to questions. Councilmember Kennedy submitted correspondence expressing his concerns, comments, and questions regarding the October 11, 2013 officer involved shooting and the City’s internal protocol. Following discussion, on the order of the Chair, and by consensus of the Committee, the information was received and filed.

OLD BUSINESS LEAF BLOWER ORDINANCE (PMC 9.37) OPTIONS FOR

CONSIDERATION Liza Frias, Public Health Division Manager, provided a PowerPoint

presentation providing information on several proposed options for the Committee to consider so as to minimize the negative impacts associated with the use of leaf blowers, and responded to questions.

02 10/21/13

Nancy Sagatelian, Pasadena Resident, commented on the need to control the dust particles in the atmosphere with the use of leaf blowers. Dr. Eric Walsh, Director of Public Health, informed the Committee that staff will discuss the issues raised regarding noise restriction enforcement, including the possibility that Code Enforcement personnel would monitor and enforce leaf blower noise levels, to determine the best way for the City to handle implementation of such restrictions, and responded to questions. Michael Beck, City Manager, explained that the Pasadena Municipal Code (PMC) pertaining to leaf blowers would be driven by complaint-based enforcement. Councilmember Kennedy requested information on the cost of noise meters used to measure and monitor the noise of leaf blowers, as well as information on the environmental impacts in regards to the carbon emissions caused by leaf blowers, and the availability of battery operated leaf blowers. Following discussion, the Committee by consensus directed staff to report back with information on the possibility of certifying only those leaf blowers that can operate within the maximum 65 dB as required in the Pasadena Municipal Code (PMC), as well as requiring the use of electrical blowers for residential areas, which would include suggestions on a timeframe to allow for the transition from gas to electric leaf blowers, the pros and cons for limiting to only electric leaf blowers, and recommendations on how to amend the current PMC provisions to incorporate such changes.

INFORMATION ITEMS BASIC LIFE SUPPORT (BLS) AMBULANCE PILOT PROGRAM (CONTINUED) Calvin Wells, Fire Chief, provided a PowerPoint presentation on the BLS

Ambulance Pilot Program, including alternative staffing and deployment models, goals, cost savings, comparative data regarding Advanced Life Support (ALS) and BLS, and responded to questions. Sean English, Fire Battalion Chief, responded to questions regarding the statistics used in the comparative graphs. Following discussion, on the order of the Chair, and by consensus of the Committee, the information was received and filed.

APPROVAL OF MINUTES It was moved by Councilmember Madison, seconded by Councilmember

Masuda, to approve the special minutes of August 7, 2013, as submitted. (Motion unanimously carried) (Absent: none)

INFORMATION ITEMS (CONTINUED)

RECEIVE AND FILE ANNUAL REPORTS AND WORK PLANS: 1. OLD PASADENA PARKING METER ZONE ADVISORY

COMMISSION ANNUAL REPORT – JULY 2011 THROUGH JUNE 2012 AND WATER WORK PLAN FOR 2012-2013

2. OLD PASADENA PARKING METER ZONE ADVISORY COMMISSION ANNUAL REPORT – JULY 2012 THROUGH JUNE 2013 AND WATER WORK PLAN FOR 2013-2014

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3. RECREATION AND PARKS ANNUAL REPORT – JULY 2012 THROUGH JUNE 2013 AND WATER WORK PLAN FOR 2013-2014

4. TRANSPORTATION ADVISORY COMMISSION ANNUAL REPORT – JULY 2012 THROUGH JUNE 2013 AND WATER WORK PLAN FOR 2013-2014

Following a brief discussion, on the order of the Chair, and by consensus

of the Committee, the information was received and filed. ADJOURNMENT Frank Rhemrev, Assistant City Attorney, read the following statement

related to the September 16, 2013 Public Safety Committee meeting, Item 5 B: Adopt a Resolution Authorizing the Chief of Police to Destroy Internal Affairs Files Regarding Investigations and Non-Hire Background Files: “At the September 16

th Public Safety Committee meeting, during the

agenda item regarding authorization to destroy certain police records, a motion was made by Councilmember Kennedy and seconded by Councilmember Masuda to approve the staff recommendation only as to non-hire applicant records and table the consideration of Internal Affairs investigative files. The vote was two in favor, one against, and one abstention.

During the Committee meeting, the Assistant City Attorney at the

meeting indicated that the motion did not pass. After further review following the meeting, it was concluded that this determination was in fact incorrect and that Mr. Kennedys motion did pass. The City Council’s records and those of the Public Safety Committee should reflect the correction and that motion is passed.”

Councilmember Kennedy requested an update on his request regarding the feasibility of providing incentives to top-level public safety employees to live in Pasadena, specifically, the Police Chief, City Manager, Fire Chief, and possibly the Director of Public Works. The Chair replied that she will discuss the item with the Municipal Services Committee and/or Legislative Policy Committee Chairs and responded accordingly.

On the order of the Chair, the regular meeting of the Public Safety

Committee was adjourned at 5:59 p.m. ATTEST: ____________________ Sandra S. Robles Recording Secretary

_________________________________ Vice Mayor Jacque Robinson, Chair Public Safety Committee

OLD BUSINESS

A. Leaf Blower Ordinance Follow-up*

INFORMATION ITEMS

A. Review of Officer Involved Shooting Investigation Process –

Chief Sanchez (Presentation)*

Police Department

Officer Involved Shooting

Investigation Process

Police Department

Officer Involved Shooting

2

OIS

Administrative Criminal Investigation District Attorney’s Office

Objective to determine if any crime has been

committed and by whom.

Objective to enable the agency to evaluate the

performance of the involved officer and of the agency. Review of policy

and procedures.

Objective to determine if officer’s actions were

legal.

If out of policy potential discipline

If illegal criminal prosecution

Police Department

Officer Involved Shooting

3

OIS

Administrative Criminal Investigation District Attorney’s Office

Initial Phase On scene Supervisor

Event occurs requiring immediate police response

• Scene Safety & Security • Essential Public Safety Questions (on scene supervisor) • Officer involved (Sequester, weapon, rounds) • Notifications (OIS team, Senior Staff, PIO, Forensic

Personnel)

Police Department

Officer Involved Shooting

4

OIS

Administrative Criminal Investigation District Attorney’s Office

Initial Phase On scene Supervisor

Investigative Phase

OIS Team

Crime Scene Assessment by OIS Team

• Incident overview with on scene supervisor • Review of known facts and recovered evidence • Notify L.A. District Attorney Command Post • Oversee Forensic Personnel • Interview witnesses, suspects and officers

Police Department

Officer Involved Shooting

5

OIS

Administrative Criminal Investigation District Attorney’s Office

Initial Phase On scene Supervisor

Investigative Phase

OIS Team

Investigation

• Notification to City Manager and City Attorney

• Training • Compliance to policy • Issues of liability

Unlawful Lawful

Criminal prosecution