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HomeMy WebLinkAbout10/18/2013 B A K E R S F I E L D Staff: City Council members: Steven Teglia, Assistant to the City Manager Russell Johnson, Chair Chris Huot, Administrative Analyst Jacquie Sullivan Willie Rivera SPECIAL MEETING OF THE SAFE NEIGHBORHOODS AND COMMUNITY RELATIONS COMMITTEE of the City Council - City of Bakersfield Friday, October 18, 2013 12:00 p.m. City Hall North – Conference Room A 1600 Truxtun Avenue Bakersfield, CA 93301 A G E N D A 1. ROLL CALL 2. PUBLIC STATEMENTS 3. ADOPTION OF AUGUST 15, 2013 AGENDA SUMMARY REPORT 4. REPORTS A. Continued Discussion regarding Internet Cafés – Gennaro/Williamson B. Update regarding Gang/Graffiti Enforcement and Safe Streets Partnership Efforts – Williamson 5. COMMITTEE COMMENTS 6. ADJOURNMENT B A K E R S F I E L D /s/ Steven Teglia Committee Members Staff: Steven Teglia Russell Johnson, Chair Assistant to the City Manager Jacquie Sullivan Willie Rivera REGULAR MEETING OF THE SAFE NEIGHBORHOODS AND COMMUNITY RELATIONS COMMITTEE Thursday, August 15, 2013 12:00 p.m. City Hall North – Conference Room A 1600 Truxtun Avenue Bakersfield, CA 93301 AGENDA SUMMARY REPORT The meeting was convened at 12:07 p.m. 1. ROLL CALL Committee members: Councilmember, Russell Johnson, Chair Councilmember, Willie Rivera Councilmember, Jacquie Sullivan was absent City staff: Steve Teglia, Assistant to the City Manager Virginia Gennaro, City Attorney Richard Iger, Associate City Attorney Tom Geddes, Associate City Attorney Lyle Martin, Assistant Chief of Police Captain Scott McDonald, Bakersfield Police Department Lieutenant Greg Terry, Bakersfield Police Department Lieutenant Jorge Gomez, Bakersfield Police Department Additional Attendees: Will Haywood, Ebony Counseling Center Michelle Pando, Employers Training Resource Cathy Butler, Downtown Business Association Joey Titus Members of the media Safe Neighborhoods and Community Relations Committee Agenda Summary Report August 15, 2013 Page 2 2. PUBLIC STATEMENTS None 3. ADOPTION OF JULY 18, 2013 AGENDA SUMMARY REPORT Adopted as submitted. 4. REPORTS A. Continued Discussion regarding Internet Café’s City Attorney Gennaro reported that this is a fluid issue; and her staff and those in the Police Department, in collaboration with the District Attorney’s office, continue to monitor the precedent cases to be decided at the State level. Lieutenant Gomez provided an overview of the information contained in the packet, including graphs and charts that reveal calls for service at each location. The three most active establishments are the iSweeps Café, Cyber Hot Spot and Webzone. Patrol officers have witnessed a notable amount of activity in the parking lots and surrounding areas of these establishments; and on many occasions, arrests have been made. Officers have been directed to conduct extra enforcement at all locations. There were 10 known internet café’s at the time the memo was submitted; however, staff has learned of two additional sites, Linked-in at 3351 Panama Lane, Suite 210, and Express Connect at 1220 Oak Street, Suites I and J. Another facility, Play It to Win it at 3815 Auburn Street, is currently under construction, and will be opening soon. Officers happened upon what they believe is an internet café at the Panorama Hall and Banquet Center, where people were seen gambling at computers. Subsequent visits have revealed no activity, and the building has been closed. They will continue to make attempts to determine what type of business is operating there. According to Assistant Chief Martin, the updated information was received the day of this Committee meeting. Committee Chair Johnson asked for the specific location of the facility on Panama Lane. Assistant Chief Martin said that it is on the corner of Panama Lane and Stine Road. Committee Chair Johnson said it is his understanding that the owners of the iSweeps Café are being evicted. Safe Neighborhoods and Community Relations Committee Agenda Summary Report August 15, 2013 Page 3 City Attorney Gennaro reported that her staff has written letters to those owners; and it is her hope that at the next Committee meeting, she will be able to report that the facility is out of business. The City Attorney’s office has also sent letters to the other internet café owners; and once they learn who the property owner is, that individual will also receive a letter. Committee Chair Johnson asked if notification had come in written or verbal form regarding the eviction of the iSweeps Café on Hughes Lane. City Attorney Gennaro said that she received the information in both forms. Committee Chair Johnson asked if staff has discovered whether or not the appropriate paperwork had been filed with the Court. City Attorney Gennaro replied that staff will research the issue. Committee Chair Johnson said he would be interested in having staff send a letter to all internet café owners, and use reports generated by calls for service as justification. City Attorney Gennaro said that action would be appropriate, and this same action was taken in the past when there were significant problems at the hotels on Union Avenue. Committee Chair Johnson asked if this same action could be taken towards the four new sites. Assistant Chief Martin said that undercover officers are visiting those sites, and will first confirm the activities that take place there. Cathy Butler with the Downtown Business Association spoke to the Committee. She reported that the Association has been working with Crime Prevention staff, the officers assigned to the Downtown area, and the Downtown business owners about this problem. She thanked the Police Department for their efforts. She noted that there were no problems before these businesses opened; but now, objectionable activities are being observed. Committee Chair Johnson thanked Ms. Butler for her report. He then asked what the reason may be as to why there was such a low occurrence of these types of businesses in Tulare and Kings Counties. Assistant Chief Martin said that they tend to operate in areas that are more largely populated. Committee Chair Johnson reported that a constituent suggested disallowing any new internet café’s from opening, and waiting for the Court ruling before taking action on those already in operation. Safe Neighborhoods and Community Relations Committee Agenda Summary Report August 15, 2013 Page 4 City Attorney Gennaro replied that it would expose the City to litigation based on their claim that they are legitimate businesses. Once the Court makes a decision, and if that decision is that the internet cafés are illegal operations, then staff can take more assertive action. If the Court makes a ruling to the contrary, then staff can use the nuisance statute under the Health and Safety Code. Until then, letters will continue to be sent, and staff will continue to work closely with the Police Department. Committee Chair Johnson asked about the directive that had been given for officers to write reports in front of the businesses. Assistant Chief Martin noted that they are looking for a way to track that information. The current tracking method involves using a tag number that is assigned to a certain case. The officer must use the number that has been assigned to the case they are working on, as opposed to the location where the report is being written. Whenever possible, the officers are writing reports at these locations, but staff has yet to identify a way to track it. Committee Chair Johnson asked if the Department has seen a difference in the activity level. Assistant Chief Martin replied that arrests are being made, so the impact is significant. Committee Chair Johnson asked if the three facilities with the most calls for service can be given special attention. Assistant Chief Martin said that it is because of the special attention already being paid to these establishments that the number of calls for service are so high. B. Update regarding Gang/Graffiti Enforcement and Safe Streets Partnership Efforts Lieutenant Terry reported that there have been no significant changes since the last meeting. There have been 38 gang-related shootings for the year, and there were 36 last year. Committee Chair Johnson noted that a full update had just been given at the most recent meeting of the Joint City-County Standing Committee to Combat Gang Violence. Committee member Rivera asked about the tracking mechanism for graffiti reported through the iPhone application. Assistant to the City Manager Teglia said that the data is received by Public Works staff, who then create a work order. Safe Neighborhoods and Community Relations Committee Agenda Summary Report August 15, 2013 Page 5 Committee member Rivera asked how much the application is actually being used. He also asked if the Police Department is involved in the process regarding areas that are repeatedly tagged. Assistant Chief Martin said that the graffiti officers work in the same office as the Public Works staff, and the information that is gathered is then used by the officers in their investigations. Assistant to the City Manager Teglia added that there is technology in place that assists officers assigned to that detail in terms of identifying not only what the graffiti looks like, but also if it is associated with any individual(s) who may be repeat offenders. Incidents can be cleared based on the data. 5. COMMITTEE COMMENTS Committee Chair Johnson referred to Item 4.a. and asked when an update from the Court may be received. City Attorney Gennaro noted that oral arguments have not yet begun. When staff learns more, it will be reported to the Committee. 6. ADJOURNMENT The meeting was adjourned at 12:22 p.m. BAKERSFIELD POLICE MEMORANDUM Date: October 8, 2013 To: L.D. Martin, Assistant Chief of Police From: Hajir Nuriddin, Captain Criminal Investigations Subject: Internet Café Update- Safe Neighborhood Meeting The Bakersfield Police Department Joint Vice Task Force (JVTF) and the Bakersfield Police Department Operations Division has continued to monitor and conduct enforcement action to the “Internet Café” style establishments that have been operating within the city limits. On September 6, 2013 at 1320 hours, detectives of the Joint Vice Task Force (JVTF) responded to the “I-Spot Internet Café” located at 6300 White Lane. Detectives were operating in an undercover capacity and were unable to enter due to the tenant requiring identification to gain access inside the business. Detectives initiated an investigation and will submit it to the District Attorney’s office . The business has an active city business tax permit and is owned by: Justin Smith, WMA 12-20-1988 5804 Potenza Lane Bakersfield CA. 93308 On September 10, 2013 members of the JVTF conducted an undercover surveillance operation at the “Internet Café’s”, “I-Net” -3905 Hughes Lane and “I- Sweeps” -3945 Hughes Lane. This operation was conducted as follow up to complaints from the owner/manager of the Bakersfield Inn and Suites regarding the “Internet Cafés” and the patrons from the “Internet Cafés”. During this operation, detectives noticed a high volume of both vehicular and foot traffic in the parking lot of the “Internet Café” businesses. The subjects who frequent this area tend to loiter in the parking lot area. There appears to alcohol consumption taking place in the parking lot area, however, no enforceable violations were observed. Two subjects were contacted and subsequently searched per their probation status. One subject was contacted at his vehicle and a consent search of his person and veh icle was conducted. No arrests were made during this operation. On September 30th, 2013 at 3:00 pm City Councilmember Terry Maxwell organized a special meeting involving his constituents at the “Scissorhands Salon” 1715 21st St., located next to the “Lucky Lady Internet Café”. During the meeting, area business owners voiced their concerns regarding the negative impact this establishment has had on their businesses. The city was represented by Lt. Gomez and Assistant City Attorney Tom Geddes. Lt. Gomez advised the citizens the police department would continue to monitor the” Internet Café’s” for any illegal actives and Assistant City Attorney Geddes advised them he would provide them direction on possibly pursuing civil remedies. On October 7, 2013 a” calls for service” check was conducted all known “Internet Café” establishments within the City of Bakersfield. The date range for this check was March1, 2013 through October 7, 2013. None of the businesses had excessive calls for service during this time frame. The following “Internet Café” businesses are known to be open within the city limits of Bakersfield. Calls for Service 1. “I-Sweeps Internet” - 3945 Hughes Lane 59 2. “The Cyber Hot Spot”- 714 Oak Street 56 3. “Lucky Lady” -1713 20th Street 12 4. “Internet Connect” at 2592 Brundage Lane 8 5. “Webzone” - 1814 Brundage Lane 8 6. 7 Star Internet Café at 2301 Brundage Lane 3 7. “I-Net” -3905 Hughes Lane Suite D 2 8. “Bus. Center Service -Linked-In” - 3351 Panama Lane, 0 9. “ Express Connect” -1220 Oak Street Suites I & J 0 10. “ I-Spot Internet and Business Center”- 6300 White Ln.# Y 1 11. “JL Internet Café” - 1656 Oak Street 0 12. “In It to Win It” - 3815 Auburn Street 1 Two notable calls:  9/25/13 –The Career Criminal Apprehension Team (C.C.A.T.) made an arrest for an occupied GTA in the parking lot of I-Sweeps- 3945 Hughes Lane. (13-196806)  9/25/13 - Patrol Officers made a possession of methamphetamine arrest inside the I-Spot-6300-White Lane, Suite Y. (13-198938) In addition to our efforts, on August 23, 2013, the City Attorney’s Office sent out letters to the property owners of all known “Internet Café” locations within the city limits advising them their tenants may be operating an illegal business under California Law. They were also advised to take immediate action to ensure the property is not operating in a manner offensive to their neighbors. The tenants of the “Internet Café’s” were also sent a letter advising they were operating an illegal business and to immediately cease and desist such activities. As of October 7, 2013 the following businesses appear to have closed within the past two months: 1. “Loft of Luck” - 3401 Wilson Road (Submitted to DA) Building unoccupied. 2. “Computer Time” - 333 Union Ave. Suite 107 Building unoccupied. 3. “In My Pocket” - 2109 Chester Ave. Building unoccupied. BAKERSFIELD POLICE DEPARTMENT SPECIAL ENFORCEMENT UNIT 28 48 46 6 13 9 0 4 8 12 16 20 24 28 32 36 40 44 48 201120122013 SHOOTINGS YEAR TO DATE GANG VIOLENCE INDEX 2011-2013 Graffiti Enforcement 2013 Year to Date 81 Arrests 1,116 Cases cleared Over $88,000 in restitution sought We are continuing our full participation in the Bakersfield Safe Streets Partnership. The next BSSP meeting is scheduled for Monday, October 14th at 5:15 pm. The meeting will take place at 2000 K St. *Please note that the homicide stats include all gang related homicides, including but not limited to shootings and stabbings. The following document was distributed at the Special Meeting of the Safe Neighborhoods and Community Relations Committee on Friday, October 18, 2013