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Home My WebLink About08/15/2013 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 REGULAR MEETING OF THE SAFE NEIGHBORHOODS AND COMMUNITY RELATIONS COMMITTEE of the City Council - City of Bakersfield Thursday, August 15, 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 JULY 18, 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 SPECIAL MEETING OF THE SAFE NEIGHBORHOODS AND COMMUNITY RELATIONS COMMITTEE Thursday, July 18, 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 Councilmember, Willie Rivera City staff: Steve Teglia, Assistant to the City Manager Chris Huot, Administrative Analyst – City Manager’s Office Virginia Gennaro, City Attorney Richard Iger, Associate City Attorney Tom Geddes, Associate City Attorney Greg Williamson, Chief of Police Captain Hajir Nuriddin, Bakersfield Police Department 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 Hal Shapiro, DDS Kevin Smith Local business owners Members of the media Safe Neighborhoods and Community Relations Committee Agenda Summary Report July 18, 2013 Page 2 2. PUBLIC STATEMENTS None 3. ADOPTION OF OCTOBER 18, 2012 AGENDA SUMMARY REPORT Adopted as submitted. 4. ADOPTION OF APRIL 5, 2013 AGENDA SUMMARY REPORT Adopted as submitted. 5. NEW BUSINESS A. Update regarding Gang/Graffiti Enforcement and Safe Streets Partnership  Prison Realignment Police Chief Williamson reported on the effects of AB 109. Several past California Governors have united to encourage the Supreme Court to address the issue. If the decision is not overturned, an additional 10,000 inmates could possibly be released, some being potentially more serious than those previously released. The local media recently broadcast a story on the subject, and it was played for the Committee. Ninety four percent of inmates who have been released reoffend within one year of release. These individuals are responsible for the increase in burglaries, grand theft autos, petty and grand larceny, drug offenses, scams, schemes and frauds. Preliminary data reveals that there have been over 37,000 arrests from 2012 through June, 2013, over 50% of which were crimes committed by repeat offenders. The Department is actively working to address the problem. More information will be provided in the future. Committee member Rivera asked if the City is provided with a list of names of the inmates being released. Chief Williamson said that the State provides a list when individuals are released from State prison, but the County does not provide the information when individuals are released from the County jail. Committee member Sullivan noted that those individuals who are determined not to reoffend may have trouble getting jobs. Chief Williamson added that there are many jobs available, but many applicants are unable to pass the required tests. Safe Neighborhoods and Community Relations Committee Agenda Summary Report July 18, 2013 Page 3 Committee Chair Johnson asked if the Taft and Shafter prisons are still vacant. Chief Williamson acknowledged that they are still vacant, and the downtown jail is vacant, as well. Sheriff Youngblood has conveyed that re- opening those facilities is not an option he will explore, as there may be some liability that the County might incur by utilizing those facilities. Committee Chair Johnson noted that the County jail expansion, which is expected in approximately two years, will house 800-900 inmates. He directed that the item be placed on the agenda for the next Joint City- County Standing Committee to Combat Gang Violence for discussion.  Gang and Graffiti Enforcement Lieutenant Terry provided a handout. He reported that, to date in 2013, there have been 32 gang-related shootings, which is one more than 2012. Twenty of those occurred in the first two months of the year. There were 10 graffiti–related arrests in May and June, and 185 cases were cleared. More than $14,000 in restitution is being sought, $12,000 of which will actually be received by the City. The Safe Streets Partnership held elections to establish an executive committee and create bylaws for the partnership to help coordinate and direct activities. Committee member Rivera said that he heard from a clerk at Home Depot, who saw a number of people, looking to be less than 21 years of age, shopping for spray paint in the later hours of the day. He asked if the City is empowered to do anything about such actions. City Attorney Gennaro stated that staff will investigate. She also said that there is an Ordinance that requires local retailers to keep that type of paint paraphernalia behind locked doors. Committee Chair Johnson asked for and received a clarification of the graffiti data presented to the Committee. Committee Chair Johnson asked about the 20 gang-related homicides that took place in the first two months of the year. Chief Williamson reported that the Safe Streets Partnership conducted a call-in to those gangs identified as being responsible for the violence. Then, select members of that gang, who are on probation or parole, were asked to come in and hear a message from law enforcement and the community organizations about the impact of gang violence. Committee member Sullivan asked how restitution is handled. Chief Williamson said that it is ordered by the Court and then collected through Probation. Safe Neighborhoods and Community Relations Committee Agenda Summary Report July 18, 2013 Page 4 B. Discussion regarding Internet Café’s City Attorney Gennaro reported that the City Attorney’s Office and Police Department believe that internet café’s, as a general rule, are a front for conducting illegal gambling activities. She referred to a memorandum that was included in the meeting packet. Staff is waiting for a decision from the Federal Courts to provide clarity. Efforts by the City Attorney’s office and Police Department are reducing the number of complaints that the City Council has been receiving. Strategies have been considered to further reduce the criminal element, including restricting the hours of operation, adopting an ordinance that would require this type of business to obtain a permit before they open, and the possibility of enacting a land-use ordinance that would restrict where these businesses can operate. There is a question of how difficult it might be to enforce these regulations, and if these actions might legitimize the business. She recommends continuing to send stern warning letters and ongoing Police enforcement. Staff is confident that the Court will find these types of businesses illegal. Committee Chair Johnson is frustrated with the fact that citizens do not feel safe and business owners are being forced to relocate or close due to the offenses that occur. He asked staff to find out what Tulare and Kings Counties are doing to respond to this. From what he has heard, they are not having a lot of the same problems that Kern County has. Additionally, he requested that the Police Department ask officers to prepare reports in the parking lots of these businesses, the same as is done in City parks to reduce the disturbances there. Hal Shapiro, a local dentist, reported that over the course of last three to four weeks, an internet café opened up next door to his business. There is now a great deal of loitering, and broken glass is found on the ground each morning. He has spoken to Greg Pulskamp in the District Attorney’s office and the Police Department. He asked to be put on the list of those businesses that would have a Police presence in the parking lot. He said that staff who work in the restaurant across the street have reported that random individuals come from the casino to use their restroom facility. Dr. Shapiro’s staff members report that individuals enter their business to ask where the casino is. City Attorney Gennaro offered to meet with Dr. Shapiro after the meeting and coordinate his request with Captain Nuriddin. Committee member Sullivan indicated that there is an internet café on the corner of Stine and Planz Roads that has been problematic. Employees who work at the Vons note significant loitering, and customers are uncomfortable and do not feel safe in the parking lot. Within three days, she received close to a dozen calls. Committee Chair Johnson asked for a report by the Police Department at the next meeting that would provide a list of the café’s, and the enforcement actions associated with each of the facilities. Safe Neighborhoods and Community Relations Committee Agenda Summary Report July 18, 2013 Page 5 C. Discussion and Recommendation Regarding the 2013 Committee Calendar The calendar was unanimously approved. 6. COMMITTEE COMMENTS Committee Chair Johnson noted the upcoming Joint City-County Standing Committee to Combat Gang Violence. Committee member Sullivan asked for an update on the efforts to combat the synthetic marijuana known as Spice. Lieutenant Gomez reported that the Narcotics detail and the DEA Task Force recently concluded an 18-month long investigation into the sale and distribution of Spice in the Bakersfield area. Ten Federal search warrants were served at various locations, yielding identification of two major suspects and the seizure of several hundred pounds of the product with a street value of over $15 million. They will continue to investigate complaints. 7. Meeting Adjourned 12:50 p.m. BAKERSFIELD POLICE MEMORANDUM Date: August 7, 2013 To: L.D. Martin, Assistant Chief of Police From: Hajir Nuriddin, Captain Criminal Investigations Division Subject: Internet Café Update The Bakersfield Police Department Joint Vice Task Force (JVTF) and the Bakersfield Police Operations Division has continued to monitor the internet café style establishments that have been operating within the city limits. The JVTF previously conducted several investigations involving internet café’s that have been submitted to the Kern County D.A.’s office for prosecution for various gaming violations, who are currently waiting for a decision by the appellate court as to how to proceed. The department however has continued to conduct several enforcement methods to monitor any associated crimes, including high visibility patrol, zero tolerance to any criminal activity and undercover operations. These operations have resulted in several felony and misdemeanor arrest, probation searches, street contacts and saturated patrol at the café’s. In addition, per the request of Councilman Johnson; Tulare and Kings County Sheriff’s Department were contacted who advised they were not aware of any internet cafes operating in their counties, however, Visalia PD advised they had recently served a search warrant on an internet café in their city and arrested the owner. The city and PD are now being sued. 2 | Page BURGLARY- OFFENSE 10% FELONY DRUG POSSESSION 30% FOREIGN WARRANT 10% PRIVACY-TRESPASS 10% PUBLIC PEACE- DISORDER CONDUCT 10% THEFT 30% I-SWEEPS INTERNET CAFE 3945 Huges Lane Internet Café’s currently operating in City Limits: Internet Café Case# Date Submitted Status 1. I-Sweeps Internet 3945 Hughes Lane 12-207465 9/28/12 OPEN 2. The Cyber Hot Spot 714 Oak Street 13-54619 03/14/13 OPEN 3. The Computer Time 333 Union Ave Open Investigation OPEN 4. The WEB Zone 1814 Brundage Lane Open Investigation OPEN 5. Cell City (AKA “In My Pocket) 2109 Chester Avenue Open Investigation OPEN 6. The Lucky Lady 1713 20th Street Open Investigation OPEN 7. 7 STAR 2301 Brundage lane Open Investigation OPEN 8. I-NET 3945 Hughes Lane Open Investigation OPEN 9. Internet Connect 2592 Brundage Ln. Open Investigation OPEN 10. Loft of Luck 3401 Wilson Rd 13-155709 7/31/13 OPEN Enforcement Actions within the Businesses 3/1/13 thru 8/6/13 3 | Page DRUG POSSESSION 67% GAMBLING DEVICE 16% LOCAL WARRANT- 17% THE CYBER HOT SPOT 714 OAK Street DAY OF WEEK SUN MON TUES WED THURS FRI SAT TIME RANGE 1200-1500 1200- 1500 1700- 1900 1900- 2100 2100- 2300 DRUG- AMPHETAMINE- POSSESSION 1 1 2 DRUG- PARAPHERNALIA POSSESSION 1 1 2 GAMBLING DEVICE 1 1 LOCAL WRNT 1 1 TOTAL 1 1 0 0 0 1 1 2 0 6 DAY OF WEEK SUN SUN MON TUES WED THURS FRI SAT TIME RANGE 0300- 0600 1500- 1700 0100- 0300 1500- 1700 1500- 1700 2100- 2300 2100- 2300 1900- 2100 2300- 0100 BURGLARY- OFFENSE 1 1 FEL DRUG POSS. 1 1 1 3 FOREIGN WRNT 1 1 TRESPASS 1 1 PUBLIC PEACE- 1 1 THEFT 1 1 1 3 TOTAL 1 1 0 1 1 1 1 1 2 1 10 4 | Page Patrol Enforcement Actions in Areas 7-12-13 thru 8-6-13 *50 (CFS) I- Sweeps Internet 19 Peace Disturbance 17 Patrol Initiated Stop 3 Thefts 3 Susp Subj 1 Prostitution 1 Narcotics *48 (CFS) Cyber Hot Spot 36 Patrol initiated 4 Susp Subj 1 Narcotics 8 Misc. 6 Misc. Prob Searches Parole Searches F -Wrt Arrest Fel Arst M-Wrt Arrest Misd Arrest Consent Searches Vehicle Stop Total CFS 3/13- 8/6-13 The Loft O'Luck 1 1 1 3 7 3401 Wilson Rd. The Web Zone 11 1 2 1 2 4 1 1 23 8 1814 Brundage Lane Computer Time 1 1 1 1 4 10 333 Union Avenue Lucky Lady Café 5 5 7 1713 20th Street Cell City 1 1 6 2109 Chester Avenue Internet Connect 4 1 1 6 8 2592 Brundage Lane 7 Star 7 2 1 3 13 2 2301 Brundage Lane I Sweeps Int Café 11 3 5 3 2 24 *50 3945 Hughes Lane Cyber Hot Spot 8 2 2 1 13 *48 714 Oak Street I-NET 0 0 3945 Hughes Lane TOTAL 48 2 7 13 8 10 3 0 92 146