City Council

New City Council Set to Start Year by Violating the Brown Act

 New City Council Set to Start Year by Violating the Brown Act  City Hall  No Responses »
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.

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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.

 

 

San Leandro City Council To Vote Tonight to Spy on School Children

 San Leandro City Council To Vote Tonight to Spy on School Children  Police, Schools  No Responses »
Dec 152014
 

SAFE Asks City Council to Vote Against COPS Grant

Update: The City Council voted to accept the COPS grant.  All but one of the speakers spoke against having SROs in Schools.

prisonpipeline
Last week, Students And Families for Education (SAFE) helped defeat the proposal to spend $1.7 of the San Leandro School District’s education fund on police in schools. Tonight, the San Leandro City Council votes on accepting the COPS Grant.

In addition to requiring the city spend money on new police positions, the grant proposal lays out Police Chief Sandra Spagnoli‘s plan to use the grant money to start a program of identifying and monitoring children labeled as “at risk” by the SLPD, beginning in elementary school. SLPD also proposes to track children through social media and private messaging systems.

The money requirement of the COPS Grant will spend much of the Measure HH funds on a few police, without public transparency. This is not how the tax measure was sold to San Leandro citizens.

SAFE invites all concerned parents, students and community member to come out tonight to the City Council meeting at 7pm to express opposition to this surveillance plan and misuse of funds in San Leandro.

The following is the SLPD’s planned used for the COPS grant funds, as stated in page 10, item 14 of the COPS grant application (emphasis added):

The San Leandro Police Department is committed to improving its technology capabilities, both as it relates to monitoring and public communications. We feel strongly that it is essential to understand and use technology that our youth are reliant on in today’s expanding technological world. The four additional SRO officers would be tasked with working with the city’s technology experts to create an online system that can monitor youth from first signs of risk through the school system. As school administration and officers change, this would enable our SROs to know when to check-in with youth, engage them in positive opportunities and connect them to necessary preventive services. Our goal is to build relationships in elementary school years that last through graduation. It is essential for information to be readily available to SROs and to be able to save and monitor data/changes to enable the SRO time to interact with students and develop positive trust-based relationships. The additional SROs will the SLPD time to be actively involved in the community, identifying and discovering how to best work with and engage youth as well as the community and establishing a positive rapport. With funding, the SLPD also plans to increase its use of social media (Facebook, Twitter, Snapchat) to monitor youth activities as well as communicate with students and our community. We plan to utilize posts on these sites to alert the public about available activities and warn them of threats.

Alameda County Heads Right: Liberal Candidates Lose Countywide

 Alameda County Heads Right: Liberal Candidates Lose Countywide  Politics  No Responses »
Nov 132014
 

right_arrowIt’s time to face the facts.  Alameda County has ceased to be a home for liberals.  Perhaps we can trace this development to the replacement of the word “liberal” by the word “progressive,” perhaps to the broken promises of the Obama administration or even to 9/11.  Or perhaps the yuppy generation grew old, more afraid, more conservative.  In any case, policies throughout the county show that, by in large, liberal values have been abandoned.  We now welcome mass surveillance, the loss of fourth amendment rights and the militarization of police, under the fear or excuse of crime, even as crime has plummeted since the 1980’s.  We are willing to accept racial profiling by police almost as a fact of life.  We pass ordinances prohibiting the feeding of the homeless, the eviction of the poor and even attempt to criminalize people from sitting on the sidewalks.  And we elect conservative politicians.

Despite the claims of Democratic operatives and newspapers, this election has been terrible for liberals in Alameda County, at least as far as local governments goes.  In most local races, the more progressive candidates lost.  When they didn’t, it was because they were well-established incumbents, often facing token opposition, or as part of plurality elections, where multiple candidates split the vote.

Here is a brief analysis of how the City Council races turned out countywide.

Berkeley had three City Council seats up for election.  Incumbents Kriss Worthington and Linda Maio won. Worthington faced a more conservative challenger, while Maio was up against a more liberal one.  If anything, this was a wash.  As for District 8, the political distinctions among the candidates were minor.

In Oakland, Dan Siegel, the only actual liberal candidate for Mayor, did not win the election. Libby Schaaf moved to the left in the latest stages of her campaign, at the same time that she basked in the endorsements of  Jerry Brown and Barbara Boxer, who have long abandoned the pretense of being progressive.  Early in the year, however, Schaaf was supported the establishment of the Domain Awareness Center, an intelligence fusion center that would allow government officials to better track the movements of regular people.  At the start of the election, Schaaf was actually lumped with Joe Tuman and Brian Parker as the most conservative viable candidates in the race.

All the viable candidates for Oakland City Council District 2 were equally progressive, some stronger in one area while weaker in another.  In District 6, incumbent Desley Brooks barely beat out a staffer for Libby Schaaf, whom would have likely been more conservative than Brooks.  Only in District 4 we see a clear win by a progressive candidate over a conservative one.  If there is one bright light on this election, it’s Annie Campbell Washington’s win.

Unfortunately, I did not follow the Emeryville City Council race, so I can’t judge where the candidates fell in the political spectrum, though I can say the two winners had the Democratic endorsement.

Trish Spencer was elected Mayor of Alameda.  She is significantly more liberal than incumbent Mary Gilmore, who supported the acquisition of license plate scanners and of an armored personnel carrier for the police, but Spencer ran on an anti-development platform which attracted many conservative votes.  Similar issues played out in the City Council race, where just three candidates vied for two seats.  The loser was the incumbent member of the Council who had voted to expand development.

In San Leandro, Pauline Cutter, a moderate Democrat was elected Mayor against a more conservative opponent – but the more liberal candidate was left in the dust.  The three City Council races saw the most conservative candidates win, all endorsed by the police union.

Results were just as bad in Fremont, where even a moderate Democrat who had the endorsement of the Police, was defeated by two of the most conservative candidates.  One is an ex-police officer who openly supports the militarization of the police.

Union City saw its two Democratic incumbent Council members get re-elected, as well as their Republican colleague.  Meanwhile in Newark, the Democratic Mayor won re-election against a Democratic opponent, and the two empty City Council seats were split between a Democrat and a Republican

In Pleasanton, the Republican Mayor won re-election and the two City Council seats were filled by Republicans.  Dublin Mayor and Assembly candidate Tim Sbranti was replaced by a Republican, though the two Democratic incumbent council members won re-election.  Tim Sbranti, by the way, lost the Assembly race to a Republican, the seat had been previously filled by a Democrat.

No Democrats even ran for City Council in Livermore.

The results were much better at the School Board level, but only because the trend was to see parents of students in their respective school districts get elected over non-district parents, regardless of their political views.

Reevaluating my Recommendation: Victor Aguilar is Really the Best Choice for SL Council Dist. 3

 Reevaluating my Recommendation: Victor Aguilar is Really the Best Choice for SL Council Dist. 3  Politics  No Responses »
Nov 022014
 

As a growing number of California votes, I get an absentee ballot but I wait until election day to fill it out and drop it at the polls. That way I can be sure I have as much information as possible before I cast my ballot.  This also gives me time to discuss my choices with others, and do some more deeper thinking.  Inevitably, this leads to changing my mind in a few races.  That’s the case with the San Leandro City Council District 3 race.  I am now recommending the following voter order:

First Choice: Allen Schoenfeld
Second Choice: Victor Aguilar
Third Choice: Lee Thomas

Allen Schoenfeld

Allen Schoenfeld

FIRST CHOICE: ALLEN SCHOENFELD

Allen Schoenfeld cannot win this race if only because he did not submit a ballot statement.

Truth be told, Schoenfeld probably shouldn’t win either.  He has no experience in City government, has only recently started attending City meetings, and is unfamiliar both with the issues and the system.  Without that basis of knowledge, he would be able to do little more than rubber stamp what is put in front of him.  He might surprise me, but I doubt he would make a particularly good City Council member.

Allen, however, is a good man who clearly cares for his community and for human beings.  He also has maintained a clear anti-police militarization stance since he joined the raise.  His views don’t seem to be as politically driven as community driven, “what’s the point of spending money on things we don’t need and don’t help us?,” seems to be his attitude.  A vote for him, in my view, is a protest vote against police militarization. He will be eliminated after the first round, so anyone trying to make that point should choose him first.

More on Allen Schoenfeld: Candidate Questionnaire, Smart Voter, SL Times profile

Victor Aguilar

Victor Aguilar

SECOND CHOICE: VICTOR AGUILAR

The race for District 3 is really between Victor Aguilar and Lee Thomas.  Thomas’ success is almost guaranteed. He has the better name, the better ballot designation and the better candidate statement. Still, I believe that we should vote for the best candidate, not the most popular one.

I originally recommended voting for Lee Thomas as a first choice because Thomas is the most knowledgeable and competent candidate on this race (see below for more on this).  Victor Aguilar has not been following what has been happening at City Hall and he seems to have very little understanding of the issues that are facing this city.  For example, he seemed to be unaware of the long battle to save San Leandro Hospital.

Moreover, at the time I wrote my original recommendation, I was unsure about what his political views were.  He had not yet responded to the candidate questionnaire I sent out, and none of his answers at the candidate fora showed a clear liberal bent.  This has changed.  He has completed the questionnaire, did not back away from the more difficult questions, and he has made it clear he supports civil liberties and the right to privacy, and opposes the militarization of the police department and the diversion of classroom funds to pay for police officers.

My concerns about Aguilar’s inexperience persist.  However, practically speaking, it’s unlikely he would get elected unless there is a significant swing to the left by the electorate. In that case, it’s likely that at least one the other liberal candidates – Mike Katz-Lacabe, Mia Ousley and Dan Dillman – would be elected, so that the pressures on Aguilar as the sole liberal member wouldn’t be so overwhelming.

Ultimately, I have said publicly that if you oppose police militarization, you need to vote for those candidates who do as well.  I must follow my own advice and choose Aguilar before Thomas. If we are not willing to take a chance to get what we really want – a freer and more just society -, then we will never get it.

More on Victor Aguilar: candidate questionnaire, candidate statement, Smart Voter, Facebook page, SL Times profile

Lee Thomas

Lee Thomas

THIRD CHOICE: LEE THOMAS

Lee Thomas is a great guy. He works as a director of youth programs at the YMCA, and he clearly cares about children.  He has been involved in San Leandro’s civic life for a long time, including a stint in the Human Services Commission and later in the Board of Zoning Adjustments.  I have seen Lee in action at BZA meetings and he asks intelligent questions which show that he’s done the background reading and has thought about the issues before him.   I’ve met with him to discuss his race and I found him to be amenable to new ideas, looking forward to collaboration, and endowed with strong problem-solving skills.  Lee was the first candidate to return the San Leandro Talk/Nextdoor questionnaire, though he didn’t complete it.   He regularly attends City Council meetings – at least, I’ve seen him at them many times – and he got the endorsement of the Oakland Tribune.

In some ways his views are very progressive, he rejects warrantless searches of private property (which, unfortunately, the City Hall as a body approved of) and he believes the City needs to do a much better job of bringing after-school activities.

However, he has much more conservative views on other issues.  He opposes medical marijuana dispensaries but he is not opposed to the school district diverting money from classrooms to police and he has not taken firm positions against either the use of mass surveillance in San Leandro or the acquisition of the armored personnel carrier.  He serves in the the Police Chief’s Advisory Board, where he has not challenged the Police Chief on her overreaching policies, and has been endorsed by the Police Union.

I think he will do a good job in San Leandro, but if no other liberal candidates are elected – and that’s a strong possibility – I don’t think he’ll be rocking the boat.

More on Lee Thomas: candidate questionnaire, candidate statement, Smart Voter, website, Facebook, APAC questionnaire, SL Times profile: , tweeter: @LeeThomas94578

San Leandro City Council D3 Candidate Victor Aguilar Answers Questions

 San Leandro City Council D3 Candidate Victor Aguilar Answers Questions  Politics  No Responses »
Oct 192014
 
Victor Aguilar

Victor Aguilar

In order to better get to know the candidates for San Leandro offices, I sent out a questionnaire with questions provided by San Leandro residents and relevant to San Leandro. These are Victor Aguilar’s answers.

PERSONAL INFORMATION

1- Do you have a website, Facebook Smart Voter page with more information about you and your platform?

My Facebook page can be found at www.facebook.com/victoraguilarforsanleandrocitycouncil

2- What is your political philosophy?

My political philosophy is to protect our environment, provide quality public safety, support a strong positive relationship between the City, and schools, place San Leandro on a substantial foundation for fiscal responsibility, promote economic development, create jobs and housing opportunities, and transform San Leandro into a center for innovation.

3- How do you evaluate when to stick by your principles and when to compromise?

There’s a saying, “that’s not the point, it’s the principle”, I stand by principle. I do what’s right. I compromise when principle is questionable and not concrete.

4- How often have you attended City Council meetings in the last year and what, if any, issues have you spoken out about in such meetings?

I have attended many City council meeting. I’ve checked out the Rent Review meeting and met Mia Ousley. I have not spoken out at any City Council meetings.

GOOD GOVERNANCE

5- The San Leandro City Council is no longer producing full minutes of its meetings, and instead produces an audio/video recording and a record of its votes (but not comments/discussions). Would you restore full minutes?

I am a firm believer that all meetings should be recorded. Just like a deposition, the City Council needs to be documents. I would restore full minutes.

6- Do you support a sunshine ordinance in San Leandro? Be specific as to terms.

I support a sunshine ordinance. I believe that the city needs to be informed as to the decisions that are being made by our city manager and officials.

7- Do you believe the City Council should censure Vice-Mayor Benny Lee for lobbying the Oakland City Council against renewing its $1Billion garbage contract with Waste Management? San Leandro collects $500K in taxes annually from WM’s transfer station.

Members of the city council need to remember what the principle is and when to compromise. I believe that the Vice-Mayor Benny Lee should be reprimanded.

REVENUE

8- What’s your position on measure HH?

I support Measure HH. I think the 30 year life is steep. This measure will help the aid public programs and revitalize San Leandro.

9- Do you support continuing or making permanent the business license fee holiday for new businesses? Why or why not?

In order to attract business in San Leandro I support the business license fee holiday for new business. This is attractive to bring business to our vibrant city. We need to make sure that we are attracting the right businesses for our community.

10- Do you support pension reform in San Leandro? Be specific.

I support pension reform. We as taxpayers should not have to pay.

11- What are your plans for increasing revenue and/or cutting costs in San Leandro? Be specific.

My plan to increase revenue is the bring in the Tech Campus and revitalize the Marina. As for cutting costs, we need to address the police armored vehicle. This is going to be expensive to maintain.

12- San Leandro is about to lose millions of dollars in taxes and development fees, due to Waste Management losing its garbage contract with the City of Oakland. What would you have done to prevent that situation from occurring and what will you do in the future to support San Leandro businesses?

I want to make the right choice for our community and support any local business. I would have made sure that the decision that we are making as a city is approved by our council before speaking on behalf of San Leandro. I fully support San Leandro businesses, especially Waste Management.

13- San Leandro has invested on creating a fiber loop and is trying to market itself to high tech manufacturing. What would you do to promote these efforts?

I support LIT San Leandro http://litsanleandro.com/ We need to attract a new generation of business. This is the age we live in and what better place that to promote San Leandro to house these tech companies within our fiber optic loop. I would work with our Chief Innovator to help promote these efforts.

DEVELOPMENT

14- What are your thoughts on redevelopment in general? What should the City do to spruce up downtown and the South part of town?

I support redevelopment. We need to make sure that San Leandro is pedestrian, bicycle and commuter friendly. The City is on the right track towards sprucing up downtown, we need to do a better job on attracting quality businesses and limit monopolization. The South part of town needs a facelift. We need to bring back life into our industrial are and fix our streets.

15- What are your plans for the development of the Marina? If they include dredging, who should pay for it? Be specific as to what you will work to see happen.

Since the Federal funding has ended and San Leandro has vied to get funds, out dredging option seems bleak. I will work to revitalize the Marina to make it a vibrant attractive and money generating spot. We also need to make sure that we are considerate of our environment.

16- What type of affordable housing requirements do you support for new developments?

We need to make sure that local housing authorities offer rents affordable to low-income households. I support various types of new housing developments.

17- How should the City and the School District collaborate regarding any new housing developments?

The city and the school district need to work closely to mitigate the future of school enrollment. We need to make sure that we closely look at how new developments will impact our schools for San Leandro and San Lorenzo Unified.

18- What is your specific plan for repairing streets and sidewalks in San Leandro?

We need to address the street and sidewalk situation, specifically the streets. San Leandro has the worst streets in the county. I will ensure that partial funds from Measure HH (if passed) will be used to fix our streets in conjunction with Measure BB.

19- Global warming threatens to raise sea levels. What should the City be doing to help prevent rising bay waters from damaging property?

We need to education our community about global warming. This is a national issue and needs to be addressed at a local level.

20- What’s your position on a “tree preservation ordinance”? Please be specific as to any ordinance that you would support.

Our environment is not getting any better. We need all the trees that we can get in San Leandro. Trees produce oxygen and we need that to sustain us. I think the city need to plant more trees. I think that the tree preservation ordinance is valid and I support it, specifically Section 5-2-200 of the San Leandro Municipal Code states that it is unlawful for any person other than the City or its contractors to remove, prune, injure or destroy a City street tree.

21- Should the City offer incentives to encourage property owners to install solar systems or other alternative energy sources? Be specific.

We need a GREEN San Leandro. The city needs to encourage property owners to install solar systems and/or other alternative energy sources. I would love to install solar panels on my house, but the reality is they’re too expensive and quite frankly I can’t afford to install without some sort of incentive.

22- What will you do to make San Leandro friendlier for pedestrians and cyclists?

I support measure BB. If this measure passes it will make San Leandro a friendlier place for pedestrians and cyclist. http://www.yesonbb.org/

SURVEILLANCE & LAW ENFORCEMENT

23- What’s your position on red light cameras and why?

I oppose red light cameras. I am also opposed to the non San Leandro business that runs these cameras.

24- What is your position on public/police operated public surveillance cameras?

This is a violation of our 4th amendment right. I oppose public surveillance and police cameras.
http://www.law.cornell.edu/constitution/fourth_amendment
I support private surveillance that monitor private property.

25- SLPD operates several mobile and static license place readers which photograph millions of license plates and cars. Do you support an ordinance that will restrict how long these records are kept and who they are shared with? Be specific as to terms.

I will support an ordinance that will restrict the time that this information is withheld and archived. Again, this is a violation of our fourth amendment right. Not only do the readers capture license plate info, but it records the public.

26- How would you tackle the increasing militarization of the SLPD? Do you believe that the SLPD should continue to operate its SWAT team?

I oppose the militarization of police, but I do believe in a SWAT team. This team is specialized in confronting heavily armed criminals; performing hostage rescue and counter-terrorism operations; high risk arrests; and entering armored or barricaded buildings.

27- What are your public safety priorities?

My public safety priorities are to keep San Leandro safe. I believe that a neighborhood watch is a great and free way to monitor our communities. I also believe in adding a few more police officers to our force if our budget allows.

28- When the City Council passed an ordinance allowing citizens to keep bees with a permit, it provided that in order to get that permit citizens had to agree to waive their 4th amendment right to warrantless searches of their properties. What’s your position on this type of requirements? What will you do specifically with the requirement in the “chicken & bee” ordinance?

The chicken and bee ordinance is set in place to monitor those that want to turn their backyard into an urban barnyard. We need to make sure that our neighbors are not being disturbed. I believe that we have to plan for the worst and have a plan in place that will prevent an abundance of animals residing in one space. I belive there needs to be a warrant for a search. I don’t believe in warrant less searches. All searches have to be valid with probable cause.

SOCIAL WELFARE

29- What do you think are the City’s responsibilities vis a vis ensuring that everyone in San Leandro has access to food, housing, health care and other necessities of life? How will you meet such responsibilities?

San Leandro needs to be a proponent in taking care of our community. We need to make sure that we have programs to help aid our community and the local, state and federal level. I belive that we need to make information about such programs are availiable to the community as a source. I will make sure that this information is available and accessible for our constituents.

30- How should the Council promote community health in San Leandro?

San Leandro needs to work with health care organization to promote health screenings and/or free examinations at little or no cost to our community. The welfare of community is my concern. We need a happy and healthy San Leandro.

31- Will you support an ordinance to increase the minimum wage in San Leandro? If so, to what amount.

I would support an ordinance for a living wage.

32- Do you support reducing development fees, zoning entitlements and construction permits in order to make housing more affordable?

I believe we need to make an exception in the aspect and reduce permits, zoning entitlements and construction permits. We need more affordable housing in San Leandro. We need to give businesses like this a break.

33- What should San Leandro do to aid its homeless population?

Homelessness is an issue with every city. San Leandro needs to provide aid to those that need assistance. We need to provide a program that helps those get back on their feet.

34- Do you support an ordinance that would stabilize rents and impose just cause requirement for evictions? Be specific as to what proposals you would support/oppose.

I would impose an ordinance to stabilize rents. I will not impose a just cause requirement for eviction.

35- What’s your position on having medical marijuana dispensaries in San Leandro?

I am PRO medical marijuana and support the dispensary. Just like prescription drugs, I am a firm believer that our constituents should have easy access to their medication.

BONUS Question

If you are elected, will you vote to stop the SLPD from obtaining an armored vehicle?

I do not support militarization of police and do not support a military type armored vehicle. If this vehicle’s purpose is going to be use as a military type vehicle, I will oppose this. I believe in protecting our city, but not with a military tank style vehicle. We also need to understand the operating costs.

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