Benny Lee

Benny Lee is represents District 4 (Washington Manor) in the San Leandro City Council. He is the former president of the Heron Bay Homeowners Association and a member of the Asian Community Cultural Association of San Leandro.

His campaign for City Council was characterized by vile personal attacks against his opponent Lee, a conservative, became a Democrat after deciding to run and flip-flopped on key positions such as his support of marijuana dispensaries.

After receiving over $4K in campaign contributions and independent expenditures from the Police, Benny Lee has consistently voted on their favor. For example, he’s voted to increase surveillance of San Leandro citizens, to ban medical marijuana facilities and to allow police to enter private property without warrants, if people get a permit to keep chickens or bees.

In September 2013, Lee proposed to honor the totalitarian regime of the People’s Republic of China by racing the PRC flag over San Leandro on October 1st, the day that commemorates the Red Army victory in the Chinese civil war and the establishment of the Maoist communist regime, which would lead to deaths of 73 million people, the greatest democide in history. When confronted with China’s continues horrendous human rights violations, Lee refused to even acknowledge them saying simple that he is for “freedom of speech” – only to then try to get my Facebook Page that criticizes him banned.

Lee’s latest stunt is to lobby the Oakland City Council to not contract with the garbage company that has its transfer station in San Leandro. This will mean the City will lose multiple millions of dollars in taxes. See http://www.sanleandrobytes.com/archives/016548.html

Oct 092018
 

San Leandro, like many cities in the Bay Area, is in crisis.  About half of our community members are renters and skyrocketing rents are pushing them out of their homes, either displacing them out of the Bay Area or putting them on the streets.   This lack of community stability is affecting neighborhoods and schools, as the challenges of facing an ever-changing student population are significant.   Yet the City Council has done nothing to address this situation.   This is not surprising because the Rental Owners Association and landlords have poured money into the incumbents’ campaigns.

Lack of ethics and integrity is, indeed, a generalized problem in San Leandro city government.  The former City Manager, fearing that accusations of sexual harassment by the head of a local nonprofit would become public, sent out a rambling and utterly unprofessional letter to the press, in which he detailed how he’d have business meetings with his accuser in the front seat of her car and play ping-pong with a local lobbyist.  In the letter, he also discussed  the contents of private conversations with Council members.  Rather than fire him on the spot for unprofessional behavior, the Council put him on paid leave for months while he looked for a new job and and gave him  a $350K parting gift.

What San Leandro needs is progressive and ethical leadership, thus our recommendations below.  Note that San Leandro has ranked choice voting (RCV) for its Mayor and City Council races.

Jeromey Shafer

Mayor: #1 Jeromey Shafer, #2 Dan Dillman

Incumbent Pauline Cutter has been a disaster as Mayor of San Leandro.  She seems to have approached her job as a money-making scheme.  Early in her term, her daughter was hired by the City (with the approval of the City Manager) for a highly-paid position in the Parks and Recreation department – despite nepotism being explicitly forbidden by the Charter of the City of San Leandro.   Cutter would later defend the City Manager against sex harassment accusations, resist efforts to ask for his resignation after he wrote an unprofessional and incoherent public letter, and later vote to give him a $300K farewell gift on his way out.

Cutter has spent much of her time traveling at tax-payer expense, but she can’t point to any concrete accomplishments from her tenure.  The promise of San Leandro becoming a high tech center based on our fiberloop never materialized, and instead our industrial area is filled with warehouses that pay low wages.  Moreover, Cutter has supported police militarization and despite her promise that the counter-attack armored vehicle she voted to buy for the police would not be used on demonstrations, it’s been deployed twice for such purposes.  Cutter is a supporter of mass surveillance, including sharing this data with ICE.

Her opponent City Council member Benny Lee has basically the same record and positions.  He demonstrated his lack of ethics by taking large campaign contributions from a garbage company that was bidding  for a contract with the City of Oakland, and lobbied the neighboring City to award that contract to his contributor.  The competitor was based on San Leandro, so his move could have cost San Leandro $2 million.  Lee’s major “contribution” to San Leandro has been to propose honoring the genocidal Chinese government by flying its flag over City Council.  As Tibetans burn themselves to bring attention to their plight and a million Ughyurs are imprisoned in China, Lee’s loyalty seems to be foremost with the Chinese government.

Fortunately, San Leandro has another choice: Jeromey Shafer.  The co-founder of San Leandro for Bernie and leader of Our Revoution San Leandro, Shafer is intelligent, hard working, thoughtful and  unapologetically progressive.  He is committed to human rights and social justice.  If elected, he will champion rent-control in San Leandro and will take an innovative approach to solving our other social ills.  He will stop the militarization of our police forces and actually make the police department accountable to the city, not the other way around as it seems to be now.  He is running a clean money campaign, rejecting all funds from corporations and developers and limiting contributions to $99.   Shafer will also restore transparency and accountability and a sense of ethics to the office.  Really, San Leandro can do no better than to support him.

Dan Dillman is our second choice because, whatever his faults, he cares about San Leandro.

Eva Arce

Eva Arce

District 1: #1 Eva Arce, #2 Ken Pon

Incumbent Deborah Cox is another white-moderate who supports police militarization and mass surveillance and opposes rent-control. She drew controversy for not returning the financial contribution of a politician who used the “N” word in a public meeting.

Eva Arce, a newcomer to  politics, is a strong progressive who has seen her community fall apart by the Council’s regressive politics and wants to restore it.  She is a big supporter of rent control, police accountability and fixing potholes.  She is running a clean money campaign, rejecting all funds from corporations and developers and limiting contributions to $99.    She is an intelligent woman, who does her homework and will tackle issues with a fresh, yet progressive perspective.  She is just what we need in San Leandro.

Ken Pon is also a moderate, but to the left of Cox.  He opposes the militarization of police and favored marijuana dispensaries when Cox was ranting against them at City Council meetings.

 

Victor Aguilar

District 3: Victor Aguilar

School Board member Victor Aguilar was a progressive back when people didn’t want to admit to being progressive (his opponent, incumbent Lee Thomas, has never claimed himself as one).  He supports rent control, police accountability, clean money (he is not taking any corporate or developer money), and free speech.  As a commissioner, he refused to agree to the City Council’s demand that he forgo his first amendment rights and agree to no disparage the City Manager.

Incumbent Lee Thomas takes money from landlords and opposes rent controls while supporting police militarization.

 

District 5: Maxine Oliver-Benson (with reservations)

Both candidates are problematic.  Incumbent Corina Lopez supports police militarization and has done painfully little to bring accountability to the police and remained a supporter of the City Manager even after he showed himself to lack professionalism, but at least she may vote in favor of rent control if someone else brings it up to the table. She also was the impetus behind the sanctuary city declaration, but would not go a step further and make it an ordinance with some teeth – this allowed the Police Department to continue sharing data with the Northern California Regional Intelligence Center, which in turn shared it with ICE.  Moreover, Lopez can be difficult to work with, she easily gets offended and needs to have her ego massaged lest she retaliate over perceived slights.

Her opponent, Maxine Oliver-Benson, is an African American woman who has spent her life in East Oakland as an activist.  She is corporate free and has many strong progressive values – she favors rent control and police accountability, for example, and is rejecting all money from corporations, developers and other special interests (unlike Lopez).  However, she supports increasing mass surveillance in San Leandro – which Lopez says she does not.

Find more progressive voter recommendations in Progressive California.

Sep 182016
 

marijuana-dispensary1Update: On Sept. 20th, the City Council voted 6-0 (with Benny Lee abstaining) to approve a third marijuana dispensary in San Leandro.

Short months after approving licensing a second marijuana dispensary in San Leandro, the City Council is considering adding a third license: one that would be granted directly to Blüm, a dispensary chain that already has three locations.  Blüm scored highest in the last application process, but the dispensary license was granted to Davis Street,  likely because of the close relationship between City Council members and the would-be operators of such facility.  Faced with the prospect of a lawsuit by Blüm, the City is considering just creating a third license and granting it to them.

But is it a good idea to have three marijuana dispensaries in San Leandro?  I was a very big proponent of having multiple licenses for marijuana dispensaries from the start.  I lobbied the City Council and spoke at numerous community meetings to that effect.  But with two dispensaries in the works within San Leandro, and the prospect of more dispensaries opening in other areas, I think it may be wise to wait.  The regulatory scheme for operating dispensaries is both untested and strict, and the zoning restriction for these facilities place them outside residential areas, in locations badly served by public transportation.  It may be wiser to let these dispensaries open, analyze how they work and what accessability problems patients encounter, and then perhaps modifying the regulatory and zoning scheme before granting further licenses.  By then, recreational marijuana may be legal in California, which might create new challenges that will also require adjustment of our regulations.

In any case, the San Leandro City Council has a history of making careless policy changes to respond to litigation, brought up by careless actions by the Council, compounding mistakes and causing needless trouble.  Let’s hope they don’t follow on their own footsteps.

Feb 062015
 

These are Mike Katz-Lacabe’s tweets from this year’s San Leandro Police Department report on itself to the City Council.  While video of the meeting is available online, the Council no longer takes minutes of its meetings. This meeting took place on Feb. 4, 2015. There was no discussion of racial profiling.

indicates an instance in which San Leandro Police Chief Sandra Spagnoli “misspoke”. My comments are in italics.

– San Leandro Police Dept. annual report to the City Council at 7pm tonight at City Hall – 835 E. 14th St. Agenda

– San Leandro City Council meeting on annual police presentation beginning with a 20-minute video produced by Dolphin Graphics.

– Initial focus by San Leandro Police Dept. presentation is on community outreach and public events.

– More on SLPD use of Weibo: 163,000 followers. No estimate on how many are real.

– Diversity of SLPD: 92 white 5 unknown 27 hispanic 10 black 15 asian 1 other
– That’s the entire department – not just the sworn officers.
Despite repeated asking by Mayors and Council members, year after year, SLPD Chief Sandra Spagnoli has yet to release the demographics of actual sworn officers. City Manager Chris Zapata has not been able to get her to comply with the Mayor’s requests.

– Indigo Architects of Davis hired for SLPD expansion into south offices conference room. Est. cost: More than $6 millionSLPD
– Captain Ed Tracey: “We don’t just eat donuts.” When discussing a new break room and micro mart for the police dept.

– From 2013-2014, SLPD says that crime dropped 5%. From 4750 Part I crimes (defined by FBI) in 2013 to 4526 Part I crimes in 2014.
– There was no information provided about San Leandro’s crime rate, which takes into account the city’s population.

– Last year, SLPD had three officer-involved shootings and tasers were used 10 times.
– Last year, SLPD received 25 complaints. When the police department investigated itself, three complaints were sustained.

– San Leandro residents have registered 56 cameras with SLPD. Goal for 2015 is to get that number to 100.

CALEA certification for SLPD’s dispatch center is being considered in 2015.

– San Leandro Councilmember Benny Lee: “Police are just like us. They have to go back to their families on a daily basis.”

– San Leandro Councilmember Corina Lopez asks for information on languages spoken by sworn officers, speaking to diversity of languages.

– San Leandro Councilmember Lopez asks about gun buyback program. “I’m always a fan of that.” Despite no evidence that they are effective.
– Despite acknowledging doubts about effectiveness of gun buybacks, Chief Spagnoli supports them.

– SLPD Captain Ed Tracey: We don’t have much of a gang problem in San Leandro.
But that’s not what SLPD told the State government when it was looking for grant money:
– From April 2014 CalGRIP report: The San Leandro PD “reports that gang activity in the target Eden Area is a growing concern.”

San Leandro Councilmember Ursula Reed: Do photos of arrestees always get sent out with Nixle? SLPD Chief says its all or nothing.
A quick look at Nixle shows that this is not true.

SLPD Chief says all agencies working with NCRIC keep license plate data for 1 year. That is wrong. Not Alameda and Menlo Park.

Spagnoli also suggested that the San Leandro City Council had approved the 1-year data retention policy currently in place, when there was no such vote.

– Former San Leandro Councilmember Diana Souza at tonight’s meeting, but didn’t speak as she has done at two recent meetings.

– San Leandro looking to use Justice Mobile app in near future for access to state/federal criminal justice info

– SLPD Chief: vehicle thefts at BART parking lots are NOT part of San Leandro’s auto theft statistics.

– In response to San Leandro Councilmember Prola, Chief Spagnoli says Oakland PD are committed to moving to EBRCS

– San Leandro Police annual presentation to City Council didn’t mention license plate readers, red light cameras or comm. surveillance cameras
But Mike Katz-Lacabe brought them up during public comment, thus Councilmembers asked about them during Council questions
– There are four license plate readers in San Leandro’s downtown parking garage.
– Five San Leandro police cars currently have license plate readers, according to Sgt. Ron Clark.
– Spagnoli wants license plate data from parking garage to be sent to NCRIC joint fusion center.
Spagnoli’s husband works for NCRIC
– San Leandro Councilmember Lee asks for data on effectiveness of license plate readers. SLPD response: No data – only anecdotes.
– San Leandro PD has been using license plate readers since March 2008 and has yet to produce any data on their effectiveness..

Jan 142015
 

butterflyNote: this article has been slightly expanded.

If you start seeing a lot of sad and mediocre public art in San Leandro, you know whom you have to blame: the past and current members of the City Council who chose to appoint friends to the newly created Arts Commission instead of people with any sort of knowledge or experience in the Arts.

When the City Council created an Arts Commission to decide on how to beautify San Leandro though art, they had the opportunity to populate it with outstanding artists and arts professionals.  Instead, three Councilmembers, Michael Gregory, Ursula Reed and Benny Lee, decided to chose their friends and political supporters, despite their obvious lack of qualifications in comparison to other applicants.

In District 1, Michael Gregory appointed his friend Jeni Engler to the Arts Commission.  Jeni is a very nice woman, an elementary school teacher, a great volunteer with Friends of the Library and a great supporter of the theater program in her church.  She and her husband have been friends with the Gregories for a long time, they attend the same church and Michael Gregory honored them with a service award in 2013.  However, Jeni Engler does not have either an educational nor professional background in either fine or performing arts, and she listed no art involvement beyond supporting musical theater.

The people Michael Gregory did NOT choose included:

– A professional artist/painter  and former docent at New York’s Museum of Modern Art with an MA in Art.
– An artist and Alameda County Arts Commissioner with a BA in Studio Art and an MA in Art Administration, who previously worked at the Art Institute of Chicago
– A professional graphic designer with degrees in Photography and Graphic Design
– A lawyer/artist, with a certificate in studio art & printmaking
– A retired graphic designer and artist very involved in the local art scene (ultimately appointed to the Arts Commission by the Mayor)

In District 2, Ursula Reed appointed friend and political supporter Dina Herrera, whom she had previously appointed to the Parks & Recreation commission, despite the fact that Herrera did not file her application to the Commission until after the date when the Council was supposed to announce their nominations.  Indeed,  Herrera’s application was not included in the packet I received from the City Clerk because I had specified I only wanted those available to Council members before they made their decision.  Herrera has been a strong supporter of Reed, endorsing her in multiple races and participating in her political fundraisers.  According to Herrera’s application, her qualifications for being in the Commission are: “I am an active community member. I would love to help beautify San Leandro and my own children perform in San Leandro’s Theater Programs”.

In order to appoint Herrera, Reed rejected the timely filed applications of:

– An Arts professor/writer/reviewer/judge/curator/art producer with a BA in Studio Art and an MA in Curatorial Practice.
– A graphic designer with experience producing Latin music shows.

In District 4, Benny Lee appointed friend and political ally Martin Wong, who listed no involvement with the arts in his application beyond being vp or a church chorus. Lee rejected:

– A local artist
– The technical director of the California Symphony Orchestra, who has a BA in Sociology
– A Mexican American community member with a BA in Anthropology and coursework on museum curating

Things were better in the other parts of town.

In District 3, Diana Souza appointed Susan Harlow-Schott, the only person who applied.

In District 5, Pauline Cutter appointed Anna Edwards, an amazing African-American artist.  There were other qualified applicants, including a typeface designer and professor at California College of the Arts, a brilliant professional sculptor/artist and a curator and artist coach who worked as Deputy Director of the San Francisco Arts Commission (she was appointed to the Commission by Mayor Cassidy), but I don’t think anyone can doubt Ms. Edwards’ qualifications.

And in District 6, Jim Prola appointed Kathleen Ott-Davis, an art designer with a BA in Fine Arts over two other applicants, a professional singer of Portuguese Fado and Prola’s own wife (who paints).

The City invited people who did not reside in San Leandro, but who are involved in the cultural life of the community, to apply for an at-large appointment to the Arts Commission.  There were a couple of extremely qualified applicants, including the Executive Director and curator of a mobile public art gallery with decades of experience in art exhibitions and promotions and a Mexican American professional artist who runs an art promotion company, but neither was chosen by Mayor Cassidy.

One single at-large space remains in the Commission.

Arts Commission Applications

Dina Herrera’s application

Jan 032015
 

splitlogoCity Manager evaluation, new “Hostage Negotiation” vehicle & new Vice Mayor also on agenda

Update: I have heard back from City Attorney Richard Pio Roda.  He says that the City does not believe that the potential plaintiffs in the case that will be discussed in closed session are aware of the facts and circumstances that will enable their lawsuit.  He confirmed that the case in question did not involve “an accident, disaster, incident, or transaction”, for example, a police shooting, where the potential plaintiff is aware that they have been harmed.

The first City Council meeting of the year will be this Monday, January 5th.  It will include new Mayor Pauline Cutter and new Councilmembers Deborah Cox (Dist 1), Lee Thomas (Dist 3) and Corina Lopez (Dist 5).  Councilmembers Ursula Reed (Dist 2) and Jim Prola (Dist 6) have two more years to go before being termed out while Councilmember Benny Lee (Dist 4) is two years into his first term.

The Council Agenda for this Monday is very light and includes 2 closed session items (those that are discussed without the public being present).  It also includes this Council’s first Brown Act violation.

The Brown Act allows a City Council to discuss very few issues in closed session.  One of those is pending litigation against the City (CA Gov code 54956.9), including situations where “based on existing facts and circumstances, there is a significant exposure to litigation against the [City]” (54956.9(d)(2)).  However, the Brown Act also requires that if the “facts and circumstances … that might result in litigation against the [City]  … are known to a potential plaintiff … [these] shall be publicly stated on the agenda or announced (54956.9(e)(2)).  Under former Mayor Stephen Cassidy, the Council almost invariably broke this section of the law, and the pattern seems to be set to continue under Mayor Pauline Cutter. However, she’s been advised of the potential violation and she could choose to cure the situation by announcing the facts and circumstances of the potential litigation during Monday’s meeting.

The law does not require that the City announce such “facts and circumstances” if these are not known to the plaintiff, but such situations are rare.  For example, the family of the woman who was shot to death by the San Leandro Police Department less than a month ago, is not only aware of the fact that she was killed, but they have retained an attorney.  If the City Council will be discussing this case in closed session – and if they are not, they definitely should be -, there is no legal reason whatsoever for them to not disclose such fact.
According to the Agenda, the City Council will also meet in closed session to conduct the City Manager‘s evaluation, though given that three of the seven members of the Council have never worked with the City Manager before, it’s difficult to see how they’d be able to conduct and independent evaluation of his performance.

Open session items of interest include:

– The vote for a new Vice-Mayor

– Allocation of $71K (up from $60K) for the SLPD to get a new “hostage negotiation” vehicle.  This is in addition to the paramilitary armored vehicle that the SLPD wants the City to acquire.

– Presentation from Safe Alternatives to Violent Environments, a Fremont-based organization that works with victims of domestic violence.