CaliforniaCityNews.org

San Jose Pot Referendum May Force Council to Change Course; 31,103 Valid Signatures

As has been the case in other pockets of the state, medical marijuana collectives showed they wouldn’t take new regulations lying down when they corralled around a referendum to repeal new rules in the city of San Jose. Back in September, we relayed that the City Council had taken steps to regulate the medical marijuana industry through the approval of limits on the number of businesses that can legally operate. The ordinance provoked outrage among pot advocates because the council stipulated that only 10 dispensaries would be allowed to stay open when there were over a 100 operating in the city.

Notably, a referendum effort was able to collect 49,000 signatures in a month to repeal the law. In response, San Jose Mayor Chuck Reed has indicated that the city may be willing to amend the ordinance it passed in order to make it less strict. Reed commented that “My preference is that we can negotiate some kind of ordinance that we can all live with." Increasing the number of dispensaries allowed to operate would be foremost among the concerns of collectives, but a majority of the council may be unwilling to change course.

There is another option as well, based on previous comments made by the Mayor. Reed has said in the past that if a referendum effort was successful, then the issue should be put to the voters to have a final say. To pay for the costs of the election in cash-strapped San Jose, the mayor proposed raising the city's tax on medical marijuana collectives from 7 to 10 percent.

The Santa Clara County Registrar of Voters has already concluded that the referendum drive gathered the necessary number of qualified signatures, thereby leading to the suspension of the ordinance. Time will tell if the council will repeal the law, call a special election, or put it on the ballot in June.

Millbrae to Disband Police Department and Outsource Public Safety to County Sheriff

The city of Millbrae is joining the ranks of Half Moon Bay and San Carlos in deciding to disband its police department. In order to save money, the city will contract with San Mateo County to provide public safety needs. The move is expected to save a little over $1 million each year. While the city’s 63-year-old Police Department will come to a close, most of the city’s 21 sworn and eight civilian police employees are expected to maintain their jobs as new employees of the San Mateo County sheriff's office. Supporters of the proposal, namely Mayor Dan Quigg, Vice Mayor Marge Colapietro and Councilwoman Gina Papan, have posited that residents won’t even notice the difference since the change will be marginal, but many residents have been outspoken about the proposal. Original drafts of the county’s proposal were deemed “inadequate” in terms of staffing, but pressure from citizens resulted in a revised version to include three additional officers. The vote on the switch ultimately divided the council. The San Mateo Daily Journal reports:

“The timing of the decision was another topic that split those in attendance. Both Council members Holober and Seto advocated for waiting until the newly elected council took office before the end of the year to make the decision. ‘I’m voting no because it goes against the overwhelming majority of our community,’ Holober said. Others on the council disagreed. “We have to make a decision and sadly, I don’t think we have enough facts,” said Councilwoman Gina Papan, who added Tuesday’s decision allows for negotiations to start so remaining questions can be answered. Mayor Dan Quigg and Vice Mayor Marge Colapietro both pointed to the city’s financial challenges as a reason the sheriff’s proposal made sense. Quigg added many of the expressed concerns and questions were answered Tuesday before the vote.”

Half Moon Bay and San Carlos officials have been pleased with the level of service their cities have received since deciding to outsource, according to Patch. Many Millbrae officers spoke in favor of contracting with the Sheriff’s office. 

Flying Patrol Car: Lancaster Council Approves Anti-Crime Surveillance Plane; Privacy Issues?

Local law enforcement in Lancaster will be getting extra help from the sky in their fight against crime thanks to the council’s recent decision to allow a camera-equipped plane to circle the city for 10 hours a day. The plane will film activity below and any emerging situations, such as robberies, drug deals, car accidents and other incidents, will be followed to give authorities on the ground footage sent in real time. According to Govt. Technology, it is called “the Law Enforcement Aerial Platform System (LEAPS), the video technology sits on a small plane and can follow a suspect or target from 1,000 to 3,000 feet above the ground.” Supporters contend the spy plane will basically give police the upper-hand in staying on top of any criminal activity. Reportedly the program will cost Lancaster $1.3 million to launch and thereafter it will cost $90,000 a month, which is no small sum. However, this is not the first time that Lancaster has tried to launch such a program, as similar surveillance faced scrutiny back in 2009. Once again criticism has been voiced due to concerns about privacy and the handling of the footage. The Daily News reports:

“Critics fear it might also invade citizens' privacy, capturing more innocuous activities like nude sunbathing in the backyard. ‘Every technology is capable of abuse. The trick is to make sure it's used correctly,’ said Mayor R. Rex Parris. ‘You have to hold people accountable in how they use it.’ During Parris' term, Lancaster has seen a dramatic drop in crime since 2007, when it had one of the county's highest rates. This year, the city saw a 16 percent drop in crime compared to the same period last year.”

Mayor Parris is a strong supporter and stated that “It's our goal to become the safest city in America.” The plane may begin flying by May. The ACLU is already taking a closer look at the program and other critics have suggested the city could face multiple lawsuits. However, the city has already pointed out that all of the data recorded will only be under the control of the Lancaster Sheriff’s Station and that data will be encrypted and transmitted directly without being viewed by the surveillance plane’s pilot or the city.

Predictive Policing: Fighting Crime Gets a Makeover with New Technology; Santa Cruz Tests

Police work in the 21st Century is getting a makeover thanks to data-driven crime-fighting models. As cities face tighter budgets, the use of so-called predictive policing may allow local authorities to maximize their limited resources and ensure the public is much safer. Take the city of Santa Cruz: its police force has lost several officers over the past decade to cuts, but the city has been experimenting with an algorithm system in order to predict when and where future crimes are most likely to occur. As technology has improved, the capabilities of such systems has enhanced also. Santa Cruz was chosen as an ideal testing ground because its crime rates are average and the entire police department and city is participating under the system. The software program basically guides police toward scoping out “hot spots,” i.e. locations where crime has been predicted most likely to occur. This means that officers are relying on specific maps that allow them to focus their attention on key areas as opposed to expending too many resources on vast patrol operations. Basic police work just got a little less basic. The publication Popular Science reports the following on the experiment’s creator, George Mohler, a 30-year-old mathematician:

“Mohler’s seismology-inspired algorithm is different. In his formula, the distance and time separating two crimes is a data point too, so it assesses the risk of main ‘shocks’ and the risk of aftershocks connected to that first event. ‘If you have 5,000 events, our model actually considers on the order of 5,000 events: 5,000 multiplied by 4,999 multiplied by 4,998, and so on,’ Mohler says. It’s this massive secondary data set that helps identify the high-probability zones, where ‘aftercrimes’ are most likely to occur. Before he moved to Santa Clara, Mohler proved that his algorithm could work in a simulation run on crime data from Los Angeles’s San Fernando Valley. Mohler and his colleagues at the University of California at Los Angeles found that their maps successfully predicted 20 to 95 percent more crimes than maps used in CompStat.”

While many officers may be skeptical of the system, predictive policing basically requires one officer to patrol a 500-by 500-foot hot spot during an hour-long window. There is no clear consensus yet as to whether the experiment is truly successful but it has been called “promising.” For instance, property crime was down 27 percent. Time will tell if other city police departments also adopt similar methods. Read more here.

Oakland Police Union Criticizes City’s Mixed Messages; Says Don’t Make Us Scapegoats

News about the Occupy protests in the city of Oakland have been pretty much unavoidable in recent weeks, so we won’t bore you with too many details, but here at CityNews we were intrigued by an open letter posted by the Oakland Police Officers Association. The letter, addressed to citizens of the city, basically emphasizes (multiple times) that local police officers are confused by the message and standpoint of the mayor’s administration. One minute the officers are told to clear out the encampments, and the next minute the mayor’s office is voicing support for the protests. And while other city workers were allowed to take off work to participate, police officers were not granted the same right. Based on the letter’s text, it would appear the union resents being made out to be “the man” and is finding it hard to strike the right balance in light of its public safety responsibilities. If the letter were to be summarized in a few words, one could say its message is: “Don’t make us the scapegoats.”

The letter’s full text is as follows:

“We represent the 645 police officers who work hard every day to protect the citizens of Oakland. We, too, are the 99% fighting for better working conditions, fair treatment and the ability to provide a living for our children and families. We are severely understaffed with many
City beats remaining unprotected by police during the day and evening hours.

As your police officers, we are confused.

On Tuesday, October 25th, we were ordered by Mayor Quan to clear out the encampments at Frank Ogawa Plaza and to keep protesters out of the Plaza. We performed the job that the Mayor’s Administration asked us to do, being fully aware that past protests in Oakland have resulted in rioting, violence and destruction of property.

Then, on Wednesday, October 26th, the Mayor allowed protesters back in – to camp out at the very place they were evacuated from the day before.

To add to the confusion, the Administration issued a memo on Friday, October 28th to all City workers in support of the “Stop Work” strike scheduled for Wednesday, giving all employees, except for police officers, permission to take the day off.

That’s hundreds of City workers encouraged to take off work to participate in the protest against “the establishment.” But aren’t the Mayor and her Administration part of the establishment they are paying City employees to protest? Is it the City’s intention to have City employees on both sides of a skirmish line?

It is all very confusing to us.

Meanwhile, a message has been sent to all police officers: Everyone, including those who have the day off, must show up for work on Wednesday. This is also being paid for by Oakland taxpayers. Last week’s events alone cost Oakland taxpayers over $1 million.

The Mayor and her Administration are beefing up police presence for Wednesday’s work strike they are encouraging and even “staffing,” spending hundreds of thousands of taxpayer dollars for additional police presence – at a time when the Mayor is also asking Oakland residents to vote on an $80 parcel tax to bail out the City’s failing finances.

All of these mixed messages are confusing.

We love Oakland and just want to do our jobs to protect Oakland residents. We respectfully ask the citizens of Oakland to join us in demanding that our City officials, including Mayor Quan, make sound decisions and take responsibility for these decisions. Oakland is struggling – we need real leaders NOW who will step up and lead – not send mixed messages. Thank you for listening."

Neo-Nazi Protesters Rally Against Immigrants at Pomona City Hall; Counter-Protest Follows

Over the weekend a small contingent of neo-Nazi protesters descended on the city of Pomona to vilify immigrants. The white supremacists argue that the American Dream is only for white citizens and chose the city of Pomona as the protest location because it is a sanctuary city. The neo-Nazis also wanted to bring attention to their disagreement with the Governor’s decision to sign the Dream Act. As the neo-Nazis marched toward City Hall, it didn’t take long for their protest to be outnumbered by a counter-protest. Shouting matches ensued between both sides as the counter-protesters pushed for the racist organization to silence its hateful rhetoric and leave the city of Pomona. In fact, more than 300 counter-protesters lined up on the opposite side of the street on Mission Boulevard. While the demonstrations clearly became heated, authorities have pointed out that no injuries or arrests were reported. From the city’s standpoint, the Daily Bulletin reports:

“Members of the National Socialist Movement contacted the Pomona Police Department about two months ago about having an event in the city, said Mark Gluba, assistant to the city manager. No permit was required for the event, Gluba said. Law enforcement from the Pomona Police Department along with the Los Angeles County Sheriff's Department, including about a dozen deputies on horseback, and officers from various agencies in the region were present.”

We relayed back in March that the neo-Nazis held a similar demonstration in the city of Claremont to rally against immigration. During that protest, the white supremacists were also vastly outnumbered by counter-protesters. See our past coverage here.

The neo-Nazis are based out of Detroit but they clearly have followers in Southern California, however small that following may be. The video below shows that police officers from other SoCal cities turned out to ensure that the demonstration was peaceful, as officers from cities like Glendora and Azusa were on hand. Commenting on the task left to local authorities, one Pomona resident stated, “It's freedom of speech, [but] I feel sorry for the officers who have to protect them."

LA and SBDO Rank 1st and 3rd in the Nation for Most Gang Members; New FBI Stats

The FBI has released its 2011 National Gang Threat Assessment, and two California counties are in the top 3 for counties with the largest gang populations. Based on numbers from the FBI, Los Angeles County has the most gang members out of any other county in the nation and San Bernardino County comes in third. Here are population numbers of gangs for the top 3 counties:

1. Los Angeles, Calif: 68,208
2. Cook, Ill.: 60,125
3. San Bernardino County, Calif: 40,588

The Daily Bulletin points out that “The High Desert has been one of the biggest draws for gang members over the last decade due to the abundance of affordable housing.” Authorities also believe upgrades to the 210 Freeway have facilitated a flow of gang members between Los Angeles and San Bernardino Counties. San Bernardino County Supervisor Neil Derry has commented that the region’s growing gang presence is a very serious challenge for the local government due to the resources the problem requires during tough economic times.

As of April, there were 1.4 million active gang members and they fall under more than 33,000 gangs. Below are some highlights from the FBI’s latest report:

• There has been a 40 percent increase from an estimated 1 million gang members in 2009
• Gang members are responsible for an average of 48 percent of violent crime in most jurisdictions and much higher in others. Some jurisdictions in Arizona, California, Colorado, Illinois, Massachusetts, Oklahoma, and Texas report that gangs are responsible for at least 90 percent of crime.
• In 2010, law enforcement agencies in 51 major US cities reported moderate to significant levels of gang-related drug activity. NDIC survey data indicates that 69 percent of US law enforcement agencies report gang involvement in drug distribution.
• Gang members from the Midwest are migrating to southern states to expand their drug trafficking operations.
• Local neighborhood-based gangs and drug crews continue to pose the most significant criminal threat in most communities.

You can read the full report here.

RAND Retracts Study Claiming Crime Increases after Dispensaries are Forced to Close

Back in September we relayed that the Rand Corporation had released a controversial study that claimed crime rates rise in surrounding neighborhoods when a dispensary closes, not when one opens. The authors posited that the findings would dispel commonly held perceptions regarding the impact of medical marijuana dispensaries on local crime rates, but many local authorities expressed skepticism. The study focused on the Los Angeles area in particular and at the time the Los Angeles City Attorney and local law enforcement officials were dismissive of the report, as they have contended all along that dispensaries boost neighborhood crime. In an update, it would appear that local authorities were right to be skeptical, as RAND has now retracted the study. Debra Knopman, vice president of the RAND Infrastructure, Safety, and Environment division, commented that “This was a rare failure of our peer review system. We take our commitment to quality and objectivity seriously so we have retracted the study in order to correct it."

Here is a statement that RAND released about why it issued a retraction:

“The primary issue discovered during the internal review was that the data described as covering the city of Los Angeles and surrounding areas did not include crime data reported by the Los Angeles Police Department. RAND researchers intend to conduct a new analysis once they have an adequate set of crime information and those results will be posted to www.rand.org. Because that work could take many weeks, RAND officials wanted to be clear that the study's findings cannot be validated at this time.”

It appears that the authors pulled data from a commercial crime-mapping service that did not include stats from the LAPD. After additional study, RAND plans to release a fixed and updated report. RAND originally reported that there was a 59% increase in crime within three-tenths of a mile of a closed dispensary compared to an open one and a 24% increase within six-tenths of a mile.

In response to the retraction, the Oakland Tribune reports on the following statement from California Police Chiefs Association President David Maggard Jr. (and Irvine's police chief): “RAND's acknowledgment that the data and research were insufficient to reach the conclusions it did and agree(s) with their decision to retract the paper. As leaders responsible for providing law enforcement services to 78 percent of California, we have a keen perspective on this issue.” The original study can be found here.

Cash-Strapped Cities Left with Costs, Clean-up, and Safety and Health Concerns from Occupy Protesters

The Occupy Wall Street movement has spread to the west coast with protests all across California, and caught in the middle of these demonstrations are the cities where these events take place, as local officials are the ones who have been left to deal with maintaining a tricky balance between free speech rights and safety and health concerns (not to mention the costs involved with clean-up once people decamp). As protestors besiege City Halls and public parks for hours each day, encampments have grown, which has led cities to be concerned about fire code violations, drug use, noise levels, and health issues, among other problems. For instance, take the problems that Oakland officials are having with the tent city created by protestors around Frank H. Ogawa Plaza. Due to the presence of the demonstrators, rats have become attracted to the area (as there was already an underlying rat problem) and complaints have surged from local businesses and workers about the use of alcohol and drugs. Mercury News reports:

“Meanwhile, concerns about the city's legal liability should anyone get seriously hurt on city property are being evaluated by the city attorney, city administrator spokeswoman Karen Boyd said. ‘Basically, it's not legal for them to camp; we're accommodating it. And we've been telling them, we reserve the right to change our minds at any time,’ Boyd said. ‘Certainly, that kind of behavior makes it more difficult to continue.’”

As for a sample of the costs that the protests are leaving with cities, San Francisco’s mayor has pointed out that his city has spent about $100,000 "accommodating" the protests. It is believed that money has gone toward police, porta potties, clean-up, and public health and public works costs. Mayor Ed Lee stated the following about the position the city finds itself in: “We are working with you to help raise your voice peacefully and we will protect and defend your right to speech. [But that’s not the same as] pitching tents and lighting fires in public spaces and parks that are meant for use by everyone in our city.”

And then there are the demands that protesters are making upon city councils. In Orange County, demonstrators have been pressuring the Irvine and Santa Ana Councils to allow occupations in public parks to continue through the night by letting protesters sleep at their camp sites in front of public buildings. So far both cities have been unwilling to allow protestors to sleep where they set up camp. And in Los Angeles, while some council members have expressed support for the movement, the protesters have demanded that the city sever ties with major lenders and financial institutions. According to Administrative Officer Miguel Santana, the city could lose at least $58 million if it were to meet the demonstrators’ demand, which isn’t exactly chump change.  The LA Times reports that some protesters said they would support millions of dollars in cuts to services if it meant the city sent a message to banks, but taxpayers overall may not be too pleased with such an idea. See more here.

Protesters in Santa Rosa made similar demands, calling on the council to withdraw funds from the nation’s major banks. The Press Democrat reports that “They also brought a list of more mundane requests including an amendment of an ordinance that prohibits camping at City Hall and a plea for permission to install a portable toilet.” The demonstrators have at least offered to pay for a porta pottie and have informed the council they want to cooperate on cleanup and camping rules.

It doesn’t look like the protests are showing any signs of dying down for the time being, so cities will have to continue doing their best to accommodate the free speech rights of protesters and the public safety and health concerns of the entire community they serve.

Oakland Police Chief Cites a Lack of Control & Bureaucracy as Reasons for Abrupt Resignation

The financial woes of the city of Oakland haven’t made life easy for the local government’s police force, as layoffs and cuts have had a major impact on a department that faces significant violence and gang concerns. Undoubtedly those budget difficulties, as well as federal oversight issues, contributed to Police Chief Anthony Batts’ decision to resign, as he cited a lack of resources and independence as some reasons for his departure. The chief will be leaving his post at some point in November. While Batts called his experience rewarding, he was also critical of the layers of bureaucracy that he has to deal with on a daily basis just to perform his job. Batts also noted that he did not want to be in charge of a department in which he only had 20-percent control but full accountability. In a letter to officers, the chief stated that “The landscape has changed radically over the past two years with new and different challenges.”

KQED points out that the resignation “would appear to end a rather tortured relationship between Batts and the city. Early this year, the city was rocked by news that the chief had applied for the San Jose Police Chief job. But Batts did not get the position, losing out to San Jose's Acting Chief, Chris Moore.” An excerpt from a memo that Batts wrote states the following:

“In 2009, I answered the call for a reform-minded chief; a leader with a focus on community policing and high professional standards. I was told Oakland residents were looking for a strong, visible leader to engage the community and reduce violent crime. My goal was to help rebuild a once proud, professional department, geared toard crime reduction and community service.

With this goal in mind, rather than a chief managing a diverse department of law enforcement professionals making the streets of Oakland safe, I found myself with limited control, but full accountability. The landscape has changed radically over the past two years and with new and different challenges.”

You can read a letter from City Administrator Deanna Santana to the council about the chief’s resignation here.

A letter that Batts wrote to the residents of Oakland regarding his decision can be seen here.

You can hear audio of a press conference in which the chief’s resignation was announced here:

Batts resignation