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Home My WebLink About01/19/2012� BAKERSFIELD Staff: Steven Teglia, Assistant to the City Manager 1. ROLL CALL City Council mer Rudy Salas, Chai Russell Johnson Jacquie Sullivan REGULAR MEETING OF THE SAFE NEIGHBORHOODS AND COMMUNITY RELATIONS COMMITTEE of the City Council - City of Bakersfield Thursday, January 19, 2012 12:00 p.m. City Hall North - Conference Room A 1600 Truxtun Avenue Bakersfield, CA 93301 /_�� 7_1 2. ADOPTION OF DECEMBER 15, 2011 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Update regarding Gang and Graffiti Enforcement - Williamson B. Update on Status of Coplink Software - Williamson 5. NEW BUSINESS A. Report regarding Civil Gang Injunctions - Gennaro 6. COMMITTEE COMMENTS • BAKERSFIELD Staff: St en Teglia Assistant to the City Manager Rudy Salas, c Russell John� Jacquie Sulli REGULAR MEETING OF THE SAFE NEIGHBORHOODS AND CUMMUNITY RELATIOtVS COMMIITEE Thursday, December 15, 2011 12;00 p.m. City Hall North - Conference Room A 1600 Truxtun Avenue Bakersfield, CA 93301 AGENDA SUMM�►RY REPORT Meeting called to order at 12:05 p.m. 1. ROLL CALL Committee members; Councilmember, Rudy Salas, Chair Councilmember, Russell Johnson Councilmember, Jacquie Sullivan Ci�i staff: Steve Teglia, Assistant to the City Manager Chris Huot, Administrative Analyst Virginia Gennaro, City Attorney Jessalee Tally, Associate City Attorney Richard Iger, Associate City Attorney Lyle Martin, Assistant Police Chief Captain Mike Payne, Operations/West Lieutenant Joe Mullins, Directed Policing Unit Sergeant Greg Terry, Directed Policing Unit Additional Attendees; Stephanie Campbell and William Haywood, Ebony Counseling Center Brian Mendiburu, Kern High School District Ann Batchelder Safe Neighborhoods and Community R Agen 3. PUBLIC STATEMENTS Will Chandler spoke about the problems that are occurring at a relati� include regular burglaries when the residents are out of town. It is bE perpetrators congregate at the Food Maxx across the street and watch fc the house is empty. Neighbors will run them off and call the Police, who, slow to respond. He requested increased Police presence. Assistant Police Chief Martin said that the department would not only prc patrols, but also educate the homeowners and neighbors on other metho the crimes. Crime Prevention staff will be involved. Stephanie Campbell remarked that the parking lot of the store is very dark Martin said that when the store was initially constructed, there was conc� the parking lot might light up the neighborhood, also. City Attorney Ger contacting Planning staff to revisit the issue, as efficient lighting improvem made. 4. DEFERRED BUSINESS A. Update re__ aq rdin_g Ganq and Graffiti Enforcement Assistant Chief Martin reported that between August and December of 20C gang shootings, and 60 for the entire year. For the same time frame in � been 17, with a total of 33 for the year to date. Lieutenant Mullins reported that the Eastside Crips gang was noi recommendations provided to them during the Safe Streets call-in continued to engage in gun violence. As a result, the FBI Violent C coordinated a sting operation that resulted in 39 arrests. There are still 6 ind wanted on warrants. These individuals are sentenced to federal penitentic of 5 to 25 years. The Task Force includes an officer from the Bakersfield Police Departr specifically address the issue of gang enforcement and reducing violent g� streets. Federal resources are used to pay for informants, illegal drugs tc operation, and later, for informant relocation. Lieutenant Mullins also reported that the Western Knights Motel in the 50( Avenue, is now closed and underaoina renovation. The illeaal activities a Safe Neighborhoods and Community R Agen Committee Chair Salas asked how the Violent Task Force is funded. Lieute that the program is fully funded by the federal government. The Bc Department contributes officers, local knowledge and street experience c who are assigned must first have completed a cycle with the gang unit. Stephanie Campbell said that the community greatly appreciates the effor Lieutenant Mullins told the Committee that there is a call-in tonight at 4: Height Street, and another one at Martin Luther King, Jr. facility at 7:00 p. overview of the process, and said that there are a lot of success stories th� from the program. 5. NEW BUSINESS A. Update reaardina the November 17, 201 1 Communitv Forum Lieutenant Mullins reported that the community forum program was init approximately five years ago. It had been dormant due to the recent f The forum on November 17, 2011 was coordinated with the Superintendent of Schools and held in their facility. Forty comm attended, who were able to hear officers speak about their job duties, question and answer dialog with them, and take part in some scenaric 2012 is to stage a community forum every quarter at different locations � B. Discussion reaardina 2012 Committee Schedule Assistant to the City Manager Teglia stated that the draft calendar is cor calendars for the Committee, with all meetings, except one, being on the the month at noon at City Hall North. He opened the topic for discussion. Committee member Johnson asked about the joint meetings with the Coui a suggestion being made that that body would meet in January to upda Teglia indicated that while January had been suggested initially, the dat� solidified. Staff is working with the County to update the plan to be ready this Committee approves the proposed dates with the County, the Count� contacted for their input. The Committee approved the 2012 Committee Schedule, pending County of the Joint meeting dates. Safe Neighborhoods and Community R Agen Committee Chair Salas asked about the citizen forums. Mr. Teglia said t scheduled separately from the Committee meetings and will probably be noon hour. No definite plan is in place. Committee member Johnson asked to be notified when a community 1 held in Ward 7, so that he can inform the school district superintendent. Mr. Teglia indicated that the success of the last forum was due to Committee Chair Salas informed his constituents; the City Manager'� everyone on the contact list they have; and the Police Department notifie watch block captains, and gave a report on local news and radio chann� required. 6. COMMITTEE COMMENTS Committee member Johnson said that he heard a presentation by the DBA regarding the crackdown on medical marijuana dispensaries and gi the community. He is appreciative of the work that is being done and th police officers play. He asked that staff provide a progress report or rr Council. Committee member Sullivan asked about the efforts to combat distribu� drugs. Assistant Chief Martin said that legislation has been passed that some of those drugs as illegal. Committee Chair Salas asked about the status of the Coplink software. Martin said that the item will be brought to Council for action in January. City Manager Teglia said that an update would be provided to the Commi Committee member Sullivan reported about a local nonprofit organizatior illegal activities, such as prostitution, on the internet. Lieutenant Mullins sc Unit investigates such advertisements as part of their duties. Committee Chair Salas lauded the Police Department and City Attorney' efforts in reducing the gang violence. Stephanie Campbell reported that staff at Ebony Counseling Center addr violence prevention, including a cooperative effort with middle schoc curriculum-based conflict resolution program. She also informed the Cor The following document was distributed at the: MEETING OF THE SAFE NEIGHBORHOODS AND COMMUI RELATIONS COMMITTEE on Thursday, January 19, 2012 at 12:00 p. m. ql � ��)IIJJ�r��,,. �� .. . MEMORANDUM CITY ATTORNEY January 19, 2012 TO: SAFE NEIGHBORHOODS COMMITTEE Rudy Salas, Jr. - Chair Russell Johnson Jacquie Sullivan �� v�'��` � FROM: SUBJECT: Background VIRGINIA GENNARO, CITY ATTORNEY � JESSALEE S. TALLEY, ASSOCIATE CITY ATTORNEY �' CIVIL GAIVG INJUNCTIONS A gang injunction is a restraining order against a group of gang rr It is a civil suit that seeks a court order declaring the gang's public be public nuisance and asks for special rules directed toward its c Examples of rules are no guns, no gang hand signs, no drug possessior no contraband in cars, no gang clothes and no intimidation in a de� area (known as a "safety zone"). In preparing to file an injunction, the City would have to pr detailed accounting of the gang's activities - what they do and where it -- and how those activities pose a nuisance. Additionally, the City m� active gang members to be covered by the injunction and enume exact activities that gang members are prohibited from doing. O injunction is issued, it must be served upon every person named; thE person served is entitled to a hearing. A violation of an injunction car six-month jail sentence. Advantages: Safe Neighborhoods Committee January 19, 2012 Page 2 Disadvantages: 1. Gang injunctions are limited in scope because they can only be E in established safety zones and only against gang members wl been served with the injunction. 2. Although violators of the injunction can be taken to jail, they arE cited and released due to jail overpopulation. 3. Injunctions are commonly misunderstood by the public and extensive outreach efforts so they do not result in a backlash. 4. Injunctions may expose the City to litigation for violation of due rights and civil rights, including racial profiling and harassment. 5. Injunctions require a lot of time and resources in preparing, litiga� enforcing them. There is also the cost of acquiring statistical establish the public nuisance, civil litigation expenses, and the gang officers patrolling the safety zones. 6. Officers currently assigned to gang suppression and enforcement duties would be required to spend an inordinate ar time gathering statistical data, reviewing and preparing gang f appearing in court to support the injunction. This would rem much-needed officers from the streets, including the "safety zone' Current status: Gang injunctions were popular in the late 1980s and 1990s; howe� have fallen out of favor. Out of six cities surveyed (Glendale, Modesto, Riverside, San Bernardino & Stockton), four have one active gang in, and none are actively seeking to file a new injunction because it intensive and there are enforcement problems due to jail overpopula� lack of personnel to prosecute violations of the injunctions. A key theme highlighted by the cities surveyed was that gang inj