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