HomeMy WebLinkAbout07/18/2013
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
Thursday, July 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 OCTOBER 18, 2012 AGENDA SUMMARY REPORT
(Deferral from April 5, 2013 Committee Meeting)
4. ADOPTION OF APRIL 5, 2013 AGENDA SUMMARY REPORT
5. NEW BUSINESS
A. Update regarding Gang/Graffiti Enforcement and Safe Streets Partnership
Efforts – Williamson
B. Discussion regarding Internet Cafés – Gennaro
C. Discussion and Recommendation Regarding the 2013 Committee Calendar
– Teglia
6. COMMITTEE COMMENTS
7. ADJOURNMENT
B A K E R S F I E L D
/s/ Steven Teglia Rudy Salas, Chair
Staff: Steven Teglia Russell Johnson
Assistant to the City Manager Jacquie Sullivan
REGULAR MEETING OF THE SAFE NEIGHBORHOODS
AND COMMUNITY RELATIONS COMMITTEE
Thursday, October 18, 2012
12:00 p.m.
City Hall North – Conference Room A
1600 Truxtun Avenue
Bakersfield, CA 93301
AGENDA SUMMARY REPORT
Meeting called to order at 12:00 p.m.
1. ROLL CALL
Committee members:
Councilmember, Rudy Salas, Chair
Councilmember, Russell Johnson
Councilmember, Jacquie Sullivan - Absent
City staff:
Steve Teglia, Assistant to the City Manager
Chris Huot, Administrative Analyst
Virginia Gennaro, City Attorney
Richard Iger, Associate City Attorney
Greg Williamson, Chief of Police
Lyle Martin, Assistant Chief of Police
Captain Brian Clayton
Lieutenant Greg Terry
Lieutenant Jorge Gomez
Sergeant Damon Youngblood
Additional Attendees:
Brian Mendiburu
Cindy Parra
Members of the media
Safe Neighborhoods and Community Relations Committee
Agenda Summary Report
October 18, 2012
Page 2
2. PUBLIC STATEMENTS
None
3. ADOPTION OF JULY 19, 2012 AGENDA SUMMARY REPORT
Adopted as submitted.
4. NEW BUSINESS
A. Update regarding Gang and Graffiti Enforcement
Lieutenant Terry reported that, to date, there have been 48 gang-related shootings,
which is an increase over last year. In order to address this problem, an operation was
recently conducted whereby the Directed Policing Unit (DPU), Career Criminal
Apprehension Team (CCAT), and County Probation focused on gang members and
those involved in gangs who are most responsible for the violence. Over a 12-day
period, 140-160 arrests were made for a variety of different crimes, over 50 of which
were committed by documented gang members. Eleven firearms were seized,
together with significant amounts of narcotics.
To date, the graffiti officers have cleared over 800 cases, and submitted over $80,000
for restitution. Officers will soon file cases against 16 suspects, 1 of whom is responsible
for 128 offenses, and another who is responsible for over 150 cases. This action will
result in the submittal of another $20,000 in restitution.
The Department continues to participate in the Safe Streets Partnership program,
which garners a lot of support from citizens and other community partners.
Chief Williamson stated that one aspect of the Safe Streets Partnership program is that
if the gang members are unwilling to take advantage of the resources made
available to them during the call-ins, the Department’s only recourse is to suppress the
crime. Both the DPU and CCAT teams have been very diligent in focusing on the two
gangs who decided not to take advantage of those resources, and continue to
commit the offenses.
He also stated that 60% of the reported gang shootings have been cleared. This is
largely due to increased involvement by citizens, who are willing to come forward and
provide information to assist in solving crimes.
Committee Chair Salas said that the community liaison meetings have helped, as well.
Committee member Johnson asked about those who had been arrested in the
special operation; how many of them spent time in jail and how many were
immediately released due to lack of space. Chief Williamson said that the vast
majority of them were classified as open arrests for new crimes, meaning the answer
cannot be determined.
Safe Neighborhoods and Community Relations Committee
Agenda Summary Report
October 18, 2012
Page 3
Committee member Johnson asked how long the graffiti restitution amounts have
been outstanding, and what success in collecting them had been achieved. Chief
Williamson answered that collection falls within the purview of the courts, so no answer
is available.
B. Discussion regarding Report on AB 109 Realignment
Chief Williamson reported that Lieutenant Gomez oversees CCAT and Sergeant
Youngblood is the direct supervisor.
After a year of dealing with the effects of AB-109, the Department continues to collect
verifiable statistics to determine whether or not the early release of prisoners bears
some responsibility for the increase in property and violent crimes. The consensus of
the Kern Chiefs’ organization is that there is some responsibility. In the Greater
Bakersfield area, approximately 2,000 previously incarcerated inmates were released,
1,500 - 1,800 of which can be found within the City limits at any given point in time.
The limited resources allocated by the State were provided to County Probation and
Parole, with a minimal amount to outlying communities that lack the resources
Bakersfield has.
The Department continues to ask for support from County Probation and Parole, and
other law enforcement agencies to combat the problem. Chief Williamson sits on the
Executive Committee of the Community Corrections Partnership, where there is
consensus that it will be approximately two to three years before it can be definitely
determined whether or not these former inmates are responsible for the increase in
crime.
Lieutenant Gomez reported that it is not yet possible for patrol officers to note whether
or not the person they are arresting is a product of the AB-109 realignment.
Sergeant Youngblood is the direct supervisor of CCAT, which consists of one sergeant
and six officers. It was created in July, 2012, with a focus on combatting the post-
release supervision of AB-109 with a proactive approach. The team identifies areas
within the community that have seen an increase in crime, develop plans to combat
those problems, and actively pursue those individuals who are responsible. They work
closely with the Investigations Division, with the added mission of making themselves
available to assist with the apprehension of locating unwanted individuals,
conducting undercover operations and some non-traditional police operations. They
are a specialized unit, having received more than 80 hours of formal training, including
narcotic investigations, highway interdiction, parcel interdiction, surveillance
techniques and entries, and money laundering. The team also routinely works with the
DPU, Child Abuse/Sexual Assault (CASA) unit, and the Robbery/Homicide Division on
varying operations that have netted multiple arrests, both felony and misdemeanor,
and firearm seizures.
Safe Neighborhoods and Community Relations Committee
Agenda Summary Report
October 18, 2012
Page 4
Assistant Chief Martin reported that due to an increase in daytime burglaries near the
Golden Valley His School area, the team changed their hours to address the situation,
which resulted in arrests and clearance of some burglary cases. Three murder
suspects were apprehended, related to three separate homicides. It is also his belief
that AB-109 is responsible for the spike in the crime rate, but more statistical
information is needed to be sure.
Committee Chair Salas asked how many of those arrested were a part of AB-109.
Assistant Chief Martin said that the records management system is being updated to
allow arresting officers a method to denote whether or not the offender is someone
who was released due to AB-109. The update is estimated to be ready in the next 90 –
120 days.
Committee Chair Salas asked how CCAT is funded. Assistant Chief Martin said that
funds were included in the Fiscal Year 2012/13 budget when Council approved
additional positions, some officers were reassigned from the DPU, and one person was
reassigned from patrol.
Committee member Johnson stated that when he was at the recent League
Conference, every other elected official from every other city said that they saw an
increase in crime after the realignment. He would like this to be a bigger priority by
requesting that the City Manager identify more funds for additional officers. He asked
Chief Williamson to provide information to the Committee and City Manager that
addresses all of the concerns and needs of the department to accomplish this goal ,
and identify options that may achieve it.
Mr. Teglia stated that public safety continues to be a major priority for the City
Manager, who will continue to add positions as allowed by available resources.
Committee member Johnson asked if there were any mid-year savings that could
provide for an additional position at the upcoming academy. Mr. Teglia said that
there are a lot of different fiscal challenges that have to be dealt with, but an
evaluation can be done at that time.
Chief Williamson stated that everything points to this issue being responsible for the rise
in crime. While the influx was substantial initially, he believes that the number of
inmates associated with AB-109 will decrease over time. He further noted that law
enforcement is focused on arresting the individual and sending them to prison, but the
State’s policy is to reduce the numbers in prison, so the two positions are at odds.
Committee Chair Salas asked if County Probation and/or Parole have asked for the
City’s assistance. Chief Williamson said that they have not; however, he has asked
them for assistance, and they have provided it.
Committee Chair Salas asked if the increased capacity that will result from the Lerdo
jail expansion will help. Chief Williamson said he would have to ask the Sheriff, who
has already estimated completion in five to six years.
Safe Neighborhoods and Community Relations Committee
Agenda Summary Report
October 18, 2012
Page 5
C. Discussion regarding Update of Strategic Plan 2012
Mr. Teglia reported that this discussion is in follow-up to last Joint City-County meeting,
and in preparation for the next one. Various strategies were identified, and staff from
the City Manager’s Office, City Attorney’s Office and the Police Department met and
proposed revisions accordingly. He noted that there are those who believe the City to
only be responsible for suppression, but it is also involved in the prevention and
intervention efforts by providing a significant amount of funding to partners who lead
those efforts.
Committee Chair Salas stated that Committee member Sullivan should be given an
opportunity to review the material before more substantial discussion takes place.
Mr. Teglia and Chief Williamson both stated that they want to highlight the efforts of
the City towards all three components of the Plan. The Police Department
approaches the gang and crime problem from all sides. Mr. Teglia further s tated that
it is a testament to the Department and City Council for their commitment to combat
the problems.
Mr. Teglia indicated that the City is only responsible for those sections that pertain to
City efforts. County departments will revise those portions attributable to their efforts.
County staff will then revise the entire document accordingly for discussion at the next
Joint City-County meeting on November 15th.
Committee member Johnson asked Mr. Teglia to follow up with him ten days prior to
that meeting for any additional comments.
Mr. Teglia thanked Lieutenant Terry for the major contribution he made to assist with
City efforts.
5. COMMITTEE COMMENTS
Committee member Johnson asked the Chief to contact his assistant to schedule
another comprehensive ride along and then a second one that will focus on all of the
medical marijuana dispensaries within the City limits.
Committee Chair Salas asked to receive an e-mail addressing the item from the last
meeting regarding signage around Martin Luther King, Jr. Park.
6. ADJOURNMENT 12:45 p.m.
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
Ward 1 Representative
SPECIAL MEETING OF THE SAFE NEIGHBORHOODS
AND COMMUNITY RELATIONS COMMITTEE
Friday, April 5, 2013
12:00 p.m.
City Hall North – Conference Room A
1600 Truxtun Avenue
Bakersfield, CA 93301
AGENDA SUMMARY REPORT
Meeting convened at 12:00 p.m.
1. ROLL CALL
Committee members:
Councilmember, Russell Johnson, Chair
Councilmember, Jacquie Sullivan – Absent
City staff:
Steve Teglia, Assistant to the City Manager
Chris Huot, Administrative Analyst
Virginia Gennaro, City Attorney
Richard Iger, Associate City Attorney
Tom Geddes, Associate City Attorney
Lyle Martin, Assistant Chief of Police
Captain Scott McDonald
Lieutenant Greg Terry
Lieutenant Jorge Gomez
Detective David Boyd
Pat Stowe, Clerk Typist - Planning
Additional Attendees:
Gregory Pulskamp, Deputy District Attorney
Will Haywood, Ebony Counseling Center
Representative from Employers Training Resource
Manuel Hernandez
Members of the media
Safe Neighborhoods and Community Relations Committee
Agenda Summary Report
April 5, 2013
Page 2
2. PUBLIC STATEMENTS
None
3. ADOPTION OF OCTOBER 18, 2012 AGENDA SUMMARY REPORT
Deferred to the next meeting, as there was no quorum.
4. NEW BUSINESS
A. Update regarding Gang/Graffiti Enforcement and Safe Streets Partnership
Assistant Chief Martin reported that, to date in 2013, there have been 21 gang-
related shootings, 5 homicides, and 37 firearms that were seized. In 2012, the
statistics for this same time frame reflect 12 gang-related shootings and 2
homicides.
To date in 2013, there have been 10 graffiti-related arrests (3 adults, 7 juveniles), 59
cases cleared, and $5,955.79 in restitution is being sought. In all of 2012, there were
63 graffiti-related arrests (14 adults, 49 juveniles), 1,108 cases were cleared, and
$102,143.32 is being sought for restitution.
The Kern County Probation Department and the Courts are responsible for
collecting restitution. Once it is obtained, the appropriate amount is provided to
the City for reimbursement.
The Safe Streets Partnership is going through a transition phase. The goal is for the
partnership to be overseen by a coalition that includes 3 community members, 2
clergy, 1 representative from a community-based organization, and 1
representative each from the Police Department, District Attorney’s office and
Superintendent of Schools. Elections for the Executive Committee are scheduled
for April 8, 2013.
B. Discussion regarding Report on AB 109 Realignment/Personnel Scenarios
Assistant Chief Martin stated that AB 109 has been a problem, impacting the
community as a whole from two different standpoints; the intended and
unintended consequences. The intended consequences are that the California
Department of Corrections was mandated to reduce the prison population by
releasing those individuals who were considered non-violent, non-sexual predators
and not involved in a gang. The unintended consequences being seen now are
an increase in property crime. The Kern County Sheriff’s Department has to
operate under the same mandate as the State, and that results in a limited amount
of space in County facilities, also. First-time offenders are being released anywhere
from 10-72 hours after their arrest. As a result, many individuals who had no
previous record are committing offenses repeatedly.
Safe Neighborhoods and Community Relations Committee
Agenda Summary Report
April 5, 2013
Page 3
Chief Williamson provided a memo that listed the benefits of adding additional
sworn and non-sworn employees under three difference scenarios, and the costs
associated with each option.
Committee Chair Johnson stated his preference for the most aggressive option, as
he wants the sworn compliment to be larger and for the Department to be more
proactive. It was recommended that any position be formally stated during
budget discussions at a City Council meeting with the entire City Council present.
Impacts to the City’s budget as a whole and the ongoing financial threats from the
State and County must be taken into consideration when evaluating the potential
of adding additional Police personnel above the increases already proposed by
the Police Department and the City Manager’s Office.
Mr. Haywood commended the Police Department for a fast response to a recent
call for service.
C. Discussion regarding Internet Cafés
Assistant Chief Martin reported that efforts to control the business activities at internet
cafés are a cooperative effort of the City Attorney’s office, Police Department and
District Attorney’s office.
Associate Attorney Iger stated that the Department of Justice, Police Department and
District Attorney’s office are aware of these establishments, and have been working
on the issue for some time.
Lieutenant Gomez stated that they are typically located in a strip mall and contain 25-
50 terminals that look like slot machines. Customers can purchase a phone card or
internet time that includes sweepstakes credits, which allow the individual to play the
video game. When the individual sits down at a terminal, a pin number is entered. At
that point, the sweepstakes credits appear on the machine. The credits can increase
or decrease during playtime. At the end, there is the option to cash out, and the
player will receive whatever monies are owed to him or her. The Police Department
and Sheriff’s Office have a Joint Vice Task Force that has been investigating these
businesses since 2008, and their efforts have resulted in some civil injunctions and some
closures. There are currently 6 cases in various stages of the investigation process.
Deputy District Attorney Pulskamp stated that this is a national issue. He is in constant
contact with the State Attorney General’s Office and the United States Attorney
General’s Office. The preferred course of action is to aggressively pursue on a civil
basis, as that has more impact than a criminal charge. It is the sweepstakes
component that is illegal; and once that operation ceases, the facility typically goes
out of business, as that is the focus of the business. They have been successful in
shutting down nine locations in six different cases. Of the six, five are being appealed
in the Fifth District Court of Appeals. The rulings on the appeals will potentially result in
a published opinion on the issue.
Safe Neighborhoods and Community Relations Committee
Agenda Summary Report
April 5, 2013
Page 4
Committee Chair Johnson asked if it would be possible to pass an ordinance at the
local level to provide greater flexibility in dealing with these businesses.
City Attorney Gennaro said that the track currently being followed by the Police
Department and District Attorney’s office is the best method, but she will prepare a
formal memorandum on the topic.
Mr. Hernandez asked if any new investigations are being initiated. Mr. Pulskamp
said that they are diligently working on the problem, and will open new cases, as
they come forward.
D. Discussion and Recommendation Regarding the 2013 Committee Calendar
Deferred to the next meeting, as there was no quorum.
Assistant to the City Manager Teglia reported that the Joint City-County Standing
Committee to Combat Gang Violence will meet on April 25, 2013.
The next meeting of the Safe Neighborhoods and Community Relations
Committee is scheduled for June 20, 2013.
5. COMMITTEE COMMENTS
6. Meeting Closed 1:00 p.m.
M E M O R A N D U M
CITY ATTORNEY’S OFFICE
July 11, 2013
TO: SAFE NEIGHBORHOODS AND COMMUNITY RELATIONS COMMITTEE
Russell Johnson, Chair
Jacquie Sullivan
Willie Rivera
FROM: VIRGINIA GENNARO, CITY ATTORNEY
THOMAS GEDDES, ASSOCIATE CITY ATTORNEY
SUBJECT: STATUS OF INTERNET SWEEPSTAKES SHOPS
_____________________________________________________________________________
Internet sweepstakes occupy a grey area between being considered a legal
contest and illegal gambling. The elements of illegal gambling consist of a
customer paying for the possibility of winning a prize. The businesses that
operate these sweepstakes claim that customers are simply paying for internet
or phone time and receive sweepstakes entries as a bonus. Attorneys for
internet sweepstakes operators argue that sweepstakes are analogous to the
McDonald’s Monopoly promotion in which a customer pays for the food, not
the sweepstakes entry, and receives the latter as a promotion to purchase the
food. However, in the case of the internet cafes, s tatistics have shown that a
majority of internet sweepstakes customers purchase more phone and internet
time than they could ever feasibly use.
In July 2012, the Kern County District Attorney’s Office brought civil actions
against many internet cafes; the Court ordered these establishments to close.
As a result of that order, roughly five owners brought an appeal to challenge the
injunction. Based on communication from the District Attorney’s Office, the
appeal is still ongoing.
Aside from the cases in Kern County, the only other major case dealing with
Internet Sweepstakes is Lucky Bob’s Internet Café, LLC v. California Department
of Justice and Stockton Enterprises, LLC. v. California Department of Justice
(U.S.D.C. Southern Dist. Case No. 3:2011cv00148). On June 4, 2009, the
California Justice Department seized equipment from Lucky Bob’s Internet Café
and Stockton Déjà vu Boutique (dba Stockton Enterprises). Both companies
brought suit in state court, but the case was transferred to federal court on
January 24, 2011. In May 2013, the District Court granted the government’s
pretrial motion on many of their key points; most importantly, the ruling stated
SAFE NEIGHBORHOODS AND COMMUNITY
RELATIONS COMMITTEE
July 11, 2013
Page 2
________________________________________
that these sweepstakes terminals qualify as slot machines. The judge used
language indicating there are many elements of illegal gambling present in
these sweepstakes: both require the insertion of money, the element of chance,
and the fact the owner might receive something of value. Although this case is
not over, the pre-trial ruling was a positive step forward in finding these
machines to be illegal and it was the first time in California that the court has
analyzed the legality of sweepstakes machines.
Based upon public statements at City Council meetings, the Bakersfield Police
Department and the City Attorney’s Office were directed to respond to
concerns of local business owners whose livelihoods were being impaired by
neighboring internet sweepstakes businesses. The following is a chronological list
of actions taken by the City Attorney’s Office concerning two locations:
The Cyber Hot Spot
April 19, 2013 – A letter was sent from the City Attorney’s Office, notifying the
owner that this business was in violation of Cal ifornia Penal Code §§ 330-330.1,
respectively, and directing the operators to cease and desist these activities.
Additionally, this letter informed the owners that neighbors were complaining
about crime and other negative secondary effects of this business. The letter
stated that in order to avoid potential citations or closure of the business, the
owner must take steps to cure these matters.
May 1, 2013 – The attorney for the Cyber Hot Spot responded to the City
Attorney’s l etter, denying that sweepstakes is illegal gambling and disclaiming
all responsibility for crime around the area.
June 14, 2013 – The City Attorney’s Office responded to this letter, stating that
the City believes such action does qualify as illegal gaming. The City also
informed the business owner that the Bakersfield Police Department is routinely
called to their business; there have been well over one hundred calls for service
at this address. This letter reminded the business owners to be respectful of the
neighboring businesses and residents and take any steps to abate any
nuisances and cease disrupting the quiet enjoyment of the neighborhood.
Present Day – After initiating the process in April, Police calls for service to this
location appear to be decreasing monthly.
i-Sweeps Internet Café
June 10, 2013 – Based on a Council referral, the City Attorney’s Office wrote a
letter to this establishment informing the owners that they are engaged in illegal
gambling activity and their business is also bringing crime and other nuisances
into the area. This letter informed the business to cease and desist all gambling
activities as well as directed the owners to take corrective measures to ensure
SAFE NEIGHBORHOODS AND COMMUNITY
RELATIONS COMMITTEE
July 11, 2013
Page 3
________________________________________
their customers are not contributing to crime, litter, and drug or alcohol use in or
around the premises.
June 20, 2013 – The City Attorney’s Office received a phone call from i-Sweeps’
attorney of record. After explaining to him the calls for service records, neighbor
complaints, and observations from staff investigating the business, he agreed to
work with the neighbors and building owner. The attorney made assurances
that the owners of i-Sweeps will provide security and janitorial duties to all
tenants in the area to ensure nuisances are abated. The attorney also advised
me that the landlord and his clients are currently embroiled in an unlawful
detainer action.
June 26, 2013 – The City Attorney’s Office telephoned the attorney of record for
the neighboring business owner, an individual referred by Council. The attorney
advised that the business would be relocating due to the negative effects of the
neighborhood. The attorney acknowledged that the business owners offered to
provide security and janitorial services, but stated that his client’s business
continues to lose money so it is relocating.
Present Day – The number of police service calls to this location is roughly three
per month.
Despite the lack of a bright line rule as to whether internet sweepstakes are a
legally permissible activity, it appears the City has effectively responded to
complaints by increased patrols by the Bakersfield Police Department and
formal notices by the City Attorney’s Office to business owners of their potential
liability associated with interference of the quiet enjoyment of the
neighborhood.
Other options to deal with the deleterious effects of internet cafes have been
discussed. They include having the City pass an ordinance regulating such
businesses, requiring permits for these establishments, and/or creating a zoning
ordinance that requires internet sweepstakes to operate within prescribed
areas. However, the City Attorney’s office is concerned that these options may
legitimize these establishments, which is inconsistent with the current opinions of
the District Attorney, Bakersfield Police Department, and City. As such, it is the
recommendation of the City Attorney’s office that the City continue its practice
of addressing individual sweepstakes operations as complaints arise until the
California courts provides a ruling. This course of action is practical, cost-
efficient, and limits the City’s exposure to lawsuits.
TG:lsc
cc: Alan Tandy, City Manager
S:\COUNCIL\Committee\SAFE NEIGHBORHOODS\13-14\InternetShops.Present.docx
The following documents
were distributed
at the
Special Meeting of the
Safe Neighborhoods and Community
Relations Committee
on
Thursday, July 18, 2013
Safe Neighborhoods and Community Relations Committee Calendar
January 2013 Through December 2013
All meetings will be held at City Hall North, First Floor, Conference Room A
Safe Neighborhoods and Community City Council Meetings
Relations Committee Meetings 3:30 Closed Session
12:00 p.m.5:15 Public Session
Joint City-County Standing Committee Holidays - City Hall Closed
to Combat Gang Violence Meetings
10:00 a.m.
MARCH
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League of California Cities Annual Conference - September 18-20, 2013
Peace Officers Memorial Week
JANUARY FEBRUARY
The location for the Joint Meetings with the County to be determined
Approved: DRAFT