CaliforniaCityNews.org

Nine Big-City Mayors Pressure the Governor on Funding for Costs Associated w/ Realignment

Big city mayors are calling on the governor to address funding issues related to realignment. The nine mayors are concerned about the costs realignment has foisted upon cities when it comes to additional police services and the local government leaders contend that without secure funding, public safety is at risk. Much of the focus in recent weeks has concerned funding for counties to handle the new responsibilities, so the mayors are drawing attention to the impacts on cities as well. While the governor has promised county officials that he will pursue a ballot measure that will provide constitutionally protected funding, the mayors want their piece of the pie and are asking to be a part of such a funding stream to cover city costs. The mayors also point out that by taking VLF revenues from cities, there has been a loss of funds dedicated to frontline law enforcement by cities across the state. You can read an excerpt of the letter from the nine big-city mayors here:

“On behalf of millions of Californians who reside in our cities, we respectfully request your immediate attention to a brewing public safety crisis that could threaten the success of the recently-launched realignment program. As a result, we believe the safety of our cities could be at risk.

While our county partners are appropriately taking the lead in planning and implementing the sea change in how offenders affected by realignment will be incarcerated and supervised at the community level across the state, it appears that little, if any, thought has been given to how to finance the higher policing costs cities will inevitably incur as a result of realignment. Moving thousands of offenders to community-based supervision, treatment and incarceration will require whole new service delivery approaches across our state. The fact remains that the offenders will live primarily in cities where 83% of our state’s population resides.”

Read the full letter here. It is authored by Villaraigosa (LA), Swearengin (Fresno), Sanders (San Diego), Reed (San Jose), Quan (Oakland), Tait (Anaheim), Foster (Long Beach), Johnson (Sac), and Lee (SF).

The administration called into question the timing of the mayors’ objections with a spokeswoman stating “Realignment was debated by law enforcement and public safety experts for months in Sacramento. You would think that any legitimate concerns about the policy would have been raised before it was implemented.”

County officials clearly have reservations of their own when it comes to funding because they are basically following through on a backup plan to ensure funding is guaranteed. Even though county officials will continue to work with the governor, it appears they feel a backup plan is a practical approach in light of the opposition the governor has faced in the past. Brown has already stated that he likely wants a package that involves tax increases, which is sure to provoke fierce Republican resistance. Consequently, the proposal from county leaders does not involve tax hikes. Yolo County Supervisor Mike McGowan ( and the first vice president of the California State Association of Counties) commented that “We'd rather have this worked out where we don't have to go through the arduous process of having to qualify for the ballot, but that requires us to put stock in the Legislature coming up with something.”

What’s Wrong with Kansas? Topeka Council May Decriminalize Domestic Violence to Save Money

There are plenty of ways that cities around the country have grappled with tight budgets, whether it’s turning off streetlights, outsourcing services, or imposing tough cuts, among other options. But some cities opt for more drastic methods. The saying desperate times call for desperate measures seems particularly applicable to the city of Topeka, Kansas, as the city council is considering one budget “solution” that is raising plenty of eyebrows: decriminalizing domestic violence. The Kansas City Council is now receiving national attention for this controversial proposal that officials contend is necessary due to the high costs associated with prosecuting such cases. The council is reportedly set to weigh in on whether or not to repeal city code that bans domestic battery during Tuesday evening’s meeting and in response local officials have received hundreds of critical emails.

The county stopped handling the cases (and reportedly has turned down around 30) and therefore left domestic violence enforcement to cash-strapped cities. Many of the proposal’s critics say government could save money by decriminalizing marijuana possession, which would free up funds to pursue domestic batterers. The International Business Times reports:

“The Shawnee County District Attorney's office insists that it believes domestic battery is a serious crime even though it has no immediate plans to begin prosecuting those cases again. ‘[The district attorney's office] agrees that domestic violence is a crime that should be taken seriously and charged,’ Dakota Loomis, a spokesperson for District Attorney Chad Taylor, told the Capital-Journal. Taylor's office has reportedly offered to review all misdemeanor cases filed within Topeka city limits for potential prosecution, including those now handled by the city's municipal court, in exchange for a one-time payment of $350,000 from the city.”

One in four women will be a victim of domestic violence, according to the National Coalition Against Domestic Violence.

Worried Residents Heckle Officials During Meeting on Crisis Planning for San Onofre Power Plant

In the aftermath of the earthquake and tsunami in Japan, residents from all over Southern California flocked to a meeting hosted by the San Clemente City Council due to concerns about the San Onofre Nuclear Generating Station. The event was entitled "Implications of the Fukushima Dai-ichi Nuclear Disaster for the San Onofre Nuclear Generating Station" and over 200 people turned up for the meeting that lasted 5 hours. Officials at the event provided testimony to affirm the station was far better designed to withstand a powerful earthquake, and federal regulators noted that they don’t believe similar circumstances that occurred in Japan will plague Orange County. That being said, it was recommended that upgrades should be considered as well as an evaluation of protections.

However, worried residents weren’t entirely put to rest by the testimony of various officials. Some locals (and/or enviros) are calling for the station to be shut down or a transition to alternative energy. The OC Register reports:

“Many in the audience sat quietly. Nuclear critics were more vocal. There was an occasional exchange of conflicting views. Several critics walked out, unhappy with the meeting format that did not allow environmental group San Clemente Green to present speakers alongside representatives of NRC and Edison. A separate meeting for San Clemente Green's speakers is set for Oct. 11. There were occasional interruptions, such as when critics challenged the NRC staff's position that a 10-mile emergency planning zone around San Onofre is sufficient. Some opponents called for a 50-mile evacuation zone.”

A regional administrator for the Nuclear Regulatory Commission commented that improved studies of seismic faults will be necessary if lessons are to be learned from the Japan disaster. However, no specific details were offered about when such improvements would be enacted.

Governor Cites Local Control as Reason for Veto of Bill that Restricts Pot Shops

Citing fears about infringing upon local government control, Governor Brown has vetoed SB 847, which would have barred medical marijuana dispensaries from setting up shop within 600 feet of homes. The legislation was introduced by Senator Lou Correa (Santa Ana), but the governor ended up rejecting it because he noted that cities and counties should have power to determine regulations that impact pot shots. The veto message states, “This bill goes in the opposite direction by preempting local control and prescribing the precise locations where dispensaries may not be located. Decisions of this kind are best made in cities and counties, not the state Capitol.” Medical marijuana advocates are undoubtedly pleased by the governor’s decision and local government officials may be pleased that Brown affirmed local control (at least on this matter).

The governor also pointed to the recently-signed AB 1300 as another reason SB 847 was unnecessary because the assembly bill gives cities and counties clear authority to restrict the location and operation of such dispensaries as well as file civil or criminal claims against violators.

Correa expressed frustration with the outcome, and the senator commented “I’m disappointed for the community. All we were talking about is taking a buffer zone already in the law to keep second-hand pot smoke away from children at schools and extending it to keeping it away from residences." Correa also argues that he worked with marijuana advocates to reach a compromise on the language of the zoning requirements in the bill.

FBI Stats Show Belvedere is the Safest City in California; Oakland the Most Violent

To many people the word “Belvedere” may only bring to mind a brand of premium vodka, but according to the FBI, it’s actually the safest city in California. The small city in Marin County has a violent crime rate of zero, as it was the only city with a population of more than 2,000 people to report no violent crimes last year. In fact, a violent crime hasn’t been reported since 2007. The FBI's Uniform Crime Reporting (UCR) program collects monthly counts of crimes from thousands of law enforcement agencies and you can see the entire list of crime data for each city and the rankings here.

The FBI reports that the most violent cities in the Golden State are as follows:

1. Oakland (15.3 violent crimes per thousand population in 2010)
2. Oroville (14.8)
3. Desert Hot Springs (14.8)
4. Compton (14.1)
5. Stockton (13.8)

Notably, Oakland is the only city in the state has a violence rate above 15. More on Belvedere’s ranking here.

Local Officials Promised Constitutionally-Protected Funding for Realignment

As October 1st nears and realignment officially begins, local government officials have feared that one little (and most important) detail: funding. At the League of Cities Annual Conference, city officials voted on a resolution introduced by Glendora that demands full funding for realignment. The general assembly of the League approved it on a vote of 381 to 0.

CSAC President and Riverside County Supervisor John Tavaglione had announced recently the county organization was considering an initiative that would secure funds for realignment so that counties are not left in the lurch and without the resources they need to make the switch successful and safe. But Governor Brown has announced plans of his own for an initiative so that funding is guaranteed. At a speech at the Sacramento Convention Center in front of hundreds of law enforcement and local government officials, the governor promised to secure a constitutional guarantee. The governor wants to place the issue on the ballot in November of 2012. The governor stated at one point, “Don't worry about the money. We'll get it to you one way or the other.” But his promises may not be enough to allay the fears of local officials when one takes into account Republican opposition, which already stymied the governor’s efforts to lock down a package that involves tax increases. The Bee points out:

“Brown is expected to propose tax increases to voters next year, and the funding guarantee the governor is seeking could figure in that package. Brown, a Democrat, told reporters he has not yet settled on a plan. ‘There are a lot of groups working on it,’ he said. ‘It'll come together, but we've got a few months before we have to nail it down.’ Funding for realignment was a central part of Brown's failed bid this year to extend higher taxes, an effort blocked by Republicans in the Legislature.”

In response to the governor’s announcement about an initiative, Tavaglione released the following statement:

“We thank the Governor for his continued leadership and commitment to making realignment a success. Counties are extremely concerned about the significant new responsibilities the state has imposed on us without the constitutional protections that ensure ongoing, reliable funding. It is clear the Governor recognizes the need for this constitutional guarantee to protect vital local services. We stand ready to work side-by-side with the Governor to go to the voters to protect funding for these critical public safety services.”

Feedback from other officials can be seen here. After Brown made his speech, he talked with reporters and made the following statement about realignment’s pitfalls and potential safety issues if inmates are released:

“Ten thousand inmates are let out every month. Ten thousand. Do you know how many have murdered people? Several, OK? So how you will distinguish those who are let out on realignment from those who are coming out anyway is something I'll watch with interest. I think [realignment] will be better. Is it perfect? No, we don't get perfection in this life.”

Republicans have cautioned that they believe the public’s safety will be in jeopardy if offenders are released under realignment.

RAND Study Finds Crime Increases After Pot Dispensaries are Forced to Close

A new study would appear to dispel commonly held perceptions regarding the impact of medical marijuana dispensaries on local crime rates. Law enforcement agencies in cities and counties across the state have been grappling with how to deal with a proliferation of dispensaries and many officials have asserted that pot dispensaries are responsible for increases in minor street crime. However, the nonpartisan RAND Corp has found in a new study that crime rates rise in surrounding neighborhoods when a dispensary closes, not when one opens. The study paid particular attention to the city of Los Angeles because back in the summer of 2010 the council enforced an ordinance that required more than 400 illegal dispensaries to shut down. So the researchers compared crime prior to the dispensary closures and after they were forced to shutter their doors. The LA Times notes that “They found 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.”

So if the findings are to be believed, how do the researchers explain the lower crime rates when dispensaries are in operation? The study points to street sales that no longer have to occur, dispensary security cameras, and late-night foot traffic. Mireille Jacobson, the study's lead author and a senior economist at RAND, commented that “If medical marijuana dispensaries are causing crime, then there should be a drop in crime when they close. Individual dispensaries may attract crime or create a neighborhood nuisance, but we found no evidence that medical marijuana dispensaries in general cause crime to rise."

So far the Los Angeles City Attorney and local law enforcement officials have been dismissive of the report’s findings and have called the study’s analysis unreliable. An excerpt from the RAND report reads:

“We demonstrated that the closing of marijuana dispensaries in Los Angeles was associated with a rather immediate and sharp increase in total crime and in theft, breaking and entering, and assault. Given the conventional association between drug markets and crime, these findings are surprising. Here we offer a handful of possible explanations and suggestions for future research. First, marijuana dispensaries in operation may have reduced crime by providing additional on-site security. California regulations require that dispensaries ensure adequate security. As a result of the value of marijuana and the cash necessary to run a dispensary, many dispensaries employ security services, in some cases around the clock.”

You can read the full report here.

San Jose Gives Preliminary Approval to Cap on Pot Dispensaries; 10 Allowed to Survive

It is estimated that there are over 140 cannabis dispensaries and delivery services in the city of San Jose, but officials this week took a step forward in further regulating the medical marijuana industry through the preliminary approval of limits on the number of such businesses. Pot collectives will face restrictions on where they can operate and the number of operations has been reduced to just 10. So while dispensaries will be allowed in San Jose, the issue is bound to end up in court as pot advocates are displeased that only 10 can survive. Mercury News reports:

“After more than two hours of debate Tuesday, the council voted 8-3 to stick to its guns and keep the lid at 10, with no more than two in each council district. The clubs -- which city officials say have all been operating illegally -- will also be restricted to certain commercial and industrial areas and required to grow all their marijuana on site.”

The council will have the chance to give final approval on September 27th. ABC filed the following report:

San Bruno Marks One-Year Anniversary of Pipeline Disaster; Memorial Service Honors Victims

While this past weekend marked the 10th anniversary of the 9/11 attacks, another anniversary fell on September 9th: the one-year anniversary of the pipeline disaster in the city of San Bruno. There were 38 homes destroyed in the blast and 8 people were killed. Assemblymember Jerry Hill, who represents the region, has been a vocal critic of PG&E's and the California Public Utilities Commission's culpability and consequently has introduced legislation that would require high-automatic or remote shut off valves, especially in high-consequence areas, which are the high-urban areas of transmission systems. Hill has said that the CPUC failed local residents because the agency cut corners and took shortcuts by relying on information from a for-profit company instead of engineers.

In recent weeks, an internal memo revealed that the utilities company was aware there were many at-risk welds but in order to avoid costly inspections, the system’s pressure was increased anyways. The federal investigation continues. The Chronicle reports:

“The memo said portions of the transmission pipeline running through San Bruno and ‘numerous’ feeder lines had welds that the federal government considered to be at risk of failure because of their age or historic reputation for unreliability. Boosting the pressure temporarily on the San Bruno line was a way to get around testing the welds and preserve its legal capacity, the memo said.”

KQED has compiled the stories of 5 families affected by the explosion. You can see them here. Families who were affected by the blast have formed the Gas Pipe Safety Foundation so that loved ones do not die in vain. The group will advocate for strict controls over the high-pressure gas lines and raise awareness. See more here.

The San Bruno community held a short ceremony to honor the lives of those who were killed by the disaster. Mercury News points out that “Mayor Jim Ruane, the only elected official to speak at the memorial, pledged to always keep alive their memory.” The service can be seen here:

Realignment on Deck for Local Governments with Guidance from CPCA and the CDCR

Whether local governments like it or not, realignment is coming, as it is set to begin on October 1st. Inmates who have been sentenced to non-serious, non-violent or non-sex offenses will begin to serve their sentences in county jails instead of state prison and notably no inmates currently in state prison will be transferred to county jails or released early. Counties have certainly been busy preparing for this influx of inmates, but many authorities have spoken out about the preparedness of local governments. Take Sacramento County Sheriff Scott Jones, who has asked for realignment to be postponed. Sheriff Jones certainly didn’t hide his feelings about the shift in prisoners, going so far as to call realignment “asinine” and “ill-conceived.”  Nevertheless, the California Police Chiefs Association (CPCA) is offering guidance so that officials are ready for the public safety change. Each county will have a Community Corrections Partnership (CCP) Executive Committee that will be comprised of one selected police chief, the chief probation officer, the sheriff, the district attorney and the public defender, the presiding judge of the county superior courts or his/her designee, and the department head of one of the county’s social service departments. The committee will develop a plan that will be voted on by each county’s board of supervisors.

To address the need for information about this historic shift, the California Department of Corrections and Rehabilitation has developed a special website on all the details surrounding AB 109 and AB 117, which concern the implementation of the 2011 Realignment Legislation. Check out the website here. There is tons of information on the legislation, the role of local authorities, the supervision process, and more. For example, below is a video on inmate population reductions: