SLPD

Aug 162014
 
Police in Ferguson, Missouri

Police in Ferguson, Missouri

All this week in Ferguson, a suburb of St. Louis, not too unlike San Leandro, we have seen the consequences of the militarization of police. Peaceful protesters are met with tear gas, batons and even guns. When some people take advantage of the situation to loot, the Police, rather than protect the businesses, used it as an excuse to further repress the protesters.

Meanwhile, the civilian authorities back the police and excuse their behavior. After talking to San Leandro City Manager Chris Zapata, it became clear that he would support the SLPD no matter what they would do. When I asked him for an example of a situation when he wouldn’t support them, the only one he could come up with was building them a $60M new facility – but only because the City can’t afford it.

Mayors, council members and city managers support the unrestrained use of police power because democracy is not really working in America. Ferguson, a city with 70% African-American citizens, has an all-white city council and a mostly white police force. San Leandro does somewhat better, but our only African-American councilwoman long sold herself to the Police in exchange for political support. As she said during a Council meeting “I’m a police lover.”

But ultimately, we have ourselves to blame for not taking advantage of the opportunities that democracy brings us. The Ferguson and San Leandro councils are pro-police because people of color, young people and even young parents don’t vote. Only a quarter of San Leandrans are white, and yet whites make up the majority of the voters. The median age of voters during the last election was 50; it’s likely to be higher this November.

Now, I understand the reasons for not voting, the feeling of complete disenfranchisement, of choosing between candidates that are too similar and all are saying the same thing. But it’s a vicious cycle, candidates appeal to the elderly/scared crowd because they vote. If we don’t vote, we don’t have a voice.

This November, let’s break the circle. Please, please, please, encourage, nag, bribe, embarrass your children, your friends, your family members, your neighbors, your students, your co-workers and business acquaintances into voting. If all candidates are bad, do choose the least evil.  Maybe next time someone with views closer to yours will run.

But voting gives you some immediate power. Politicians only care about people who vote. Candidates for office will buy a voter list that indicates in which elections each registered voter voted. They will only call you, knock on your door and send you mail if you are a frequent voter or newly registered. If you don’t vote often, you don’t exist – your opinions don’t matter. But if you do, when they call you, knock on your door, etc., they will pay attention to what you have to say.

In San Leandro, we are fortunate in that we have some candidates who have clearly spoken against police militarization: Dan Dillman, who is running for Mayor and Mike Katz-Lacabe and Mia Ousley, who are running for City Council.  If you want to prevent what happened in Ferguson happening in San Leandro, voting for them is a start.

Jul 292014
 

These are Mike Katz-Lacabe notes/tweets on the July 28th San Leandro City Council meeting on the Marina/Shoreline development and expansion of the San Leandro Police Department headquarters. These notes are provided because the Council no longer produces minutes of its meetings. Once again, Mike Katz-Lacabe and Mia Ousley were the only two City Council candidates present at the meeting.

San Leandro City Council work session on shoreline fund and police space needs starts now – without Councilmember Michael Gregory.

San_Leandro_Marina_07829Marina

Dredging needed for channels to San Leandro Marina every 4 years and berths every 8 years.

Siltation rate for San Leandro marina is 8 to 12-inches per year.

Harbor operations at San Leandro marina have a net loss of more than $400k per year. Fund is $2.5 million in the hole.

Shoreline operations generated $335,000 in 2013-14. Includes tax generated by San Leandro Marina Inn and restaurants. $94k expected this year.

San Leandro shoreline fund expecting $84k in net revenue this year. Outstanding debt is nearly $9 million.

Amortized over next 10 years, the annual unfunded liability for the San Leandro Marina is $3.2 million, including dredging of $1.5 million.

130 of 462 berths at the San Leandro Marina are occupied. 26 berths are occupied by San Leandro residents. 11 are live-aboards

In April/May 2012, average depth in channel to San Leandro marina was 5.9 feet, according to Army Corps soundings. 3.9 feet at fuel dock

San Leandro shoreline fund debt is about $1.9 million for Cal Boat Loan and $7 million to city’s general fund.

Download tonight’s presentation on the status of San Leandro’s shoreline fund.

Earliest that construction on San Leandro Marina project could begin is estimated at February 2017.

Projected lifespan of San Leandro boat harbor without dredging is another year or two before boats have problems getting in and out.

Mayor Stephen Cassidy: Why is there no federal money for dredging? A: Disappearance of earmarks & Army Corps budget priorities.

San Leandro city staff on possible ferry: Sea of parking with a dock. Might not be seen as a good thing by residents.

Dwight Pitcaithley: Costs are formidable. “It’s not going to be an easy thing.” “You could privatize the channel.” Marina needs a benefactor

Dwight Pitcaithley is making a documentary on the San Leandro Marina that he will put on YouTube.

San Leandro Marina supporter: “The decision is pretty much made… The Marina is sentenced to death.” Put this on the ballot.

San Leandro still has an estimated $2.5 million expense for disposing of dredge spoils from 2009, when the Marina was last dredged.

Bella Comelo Why cannot the Marina issue be put on the ballot? Let the people decide.

Note that dredging (or lack thereof) of the San Leandro Marina only affects the boat harbor. Park and other areas unaffected.

San Leandro Councilmember Diana Souza: most people want to keep the marina. “Everyone of us would love to have the marina there.”

San Leandro Councilmembers Souza, Prola, and Lee seem resigned to the demise of the boat harbor. Lee says $1,500 to $2k per boat in costs.

Bella Comelo, If the City Council wants to put it on the ballot, they can.  Survey from 2007 showed not enough support to financially support Marina.

San Leandro Councilmembers Ursula Reed and Pauline Cutter also resigned to demise of boat harbor. Reed says money needed for roads.

Mayor Stephen Cassidy: advisory vote would get lots of support. But what then? Tax to support marina requires 2/3 vote, which previous poll shows would lose. Favors vote on planned development, but that wouldn’t save boat harbor. Also mentions need to maintain roads.

slpdbadgePolice Department Expansion

San Leandro City Council now onto police department space needs.  Current bldg built in 1967; seismic upgrade in 1995.

San Leandro Capt. Lemmon: If there was an earthquake like there was in 1989, we wouldn’t be able to operate at needed capacity.

San Leandro PD: Needs Assessment report had 3 options to construct a new police bldg from $60 to $71 million (2009 $) to address needs.

San Leandro PD expansion options: Address top 5 deficiencies at $6.4 million or address top 3 deficiencies at $3.8 million.

San Leandro PD expansion ranked #2 capital improvement project after street repair. Possible funding: Measure Z sales tax increase.

Mayor Stephen Cassidy questions how San Leandro City Council can decide on PD expansion options without knowing about how it will be funded.

San Leandro Councilmember Prola supportive of $6.4 million option and gym for police department expansion.

All San Leandro Councilmembers support the $6.4 million SL police dept expansion. Cutter/Prola express concerns if taxes fail in Nov.

San Leandro Councilmember Ursula Reed on PD United for Safety event: “I was hoping to win something, but that didn’t happen”

Mayor Stephen Cassidy notes that surveillance cameras approved last week have microphones. Asks for update/clarification on audio surveillance.

San Leandro City Manager says that staff will come back with recommendations on audio surveillance.

Mayor Stephen Cassidy wants to name street after Officer Dan Niemi, who was killed in the line of duty July 25, 2005.

Jul 242014
 

The July 23rd Council meeting went extremely long. Mike had gone to speak in favor of a strong privacy policy for surveillance data, and didn’t get to do so until nearly 11. Before that he tweeted from the meeting. My comments are in italics. The Tweets have been organized by subject. Follow him @slbytes.

The only City Council candidates present at the meeting were Mike Katz-Lacabe and Mia Ousley.

San Leandro City Council to discuss Heron Bay wind turbine lawsuit in closed session on Monday 7/21.

Surveillance camera policy is on the agenda for Monday night’s 7/21 San Leandro City Council.

Councilmember Jim Prola is absent from tonight’s San Leandro City Council meeting.

pickardCongratulations Officer Pickard for being recognized as the City of San Leandro employee of the quarter!

Kinkini Banerjee & family accept Proclamation from Mayor Cassidy declaring Aug. 2014 as Indo-American Heritage Month.

Kinkini is one of my best friends and I love her, but I wonder why India West was not invited to receive the proclamation or at least attend the ceremony. India West is the largest Indian-American newspaper in the US, and it’s based in San Leandro!

LINKS shuttle

San Leandro LINKS shuttle: 6.25 mile loop, 23 stops to connect W. San Leandro to downtown BART. Hours: 5:45am-9:45am and 3-7pm

Bike racks added in past year. Avg. 737 riders per day. 191,646 total riders in 2013.

Goals for San Leandro LINKS: shorten route to reduce time, reach Marina Sq./Auto Mall, service to Westgate, Kaiser, 21st Amendment Brewery.

Proposed change to San Leandro LINKs to meet goals: split route into north and south routes to reduce wait and trip times.

Proposed change to San Leandro LINKS will cost: $50k from City, $165k more from business improvement dist. & $130k more from grants/business

Mayoral candidate Diana Souza sounds supportive of San Leandro LINKS. She voted against it on 3/16/09.

Former San Leandro Councilmember Gordon Galvan is Exec Dir of San Leandro Transportation Mngmnt Org, which runs LINKS shuttle.

Mayor Cassidy wants to add San Leandro to the LINKS shuttle name a la “Emery Go Round” since the City will be partially funding it.

Diana Souza had been very critical of the LINKS shuttle until now. Her change of face is interesting. Gordon Galvan, who not only runs the shuttle but is also a lobbyist, was one of main contributors to Cassidy’s campaign.

Liens

San Leandro City Council voted 6-0 to impose liens for non-payment of bus. license fees, garbage fees, sidewalk repairs, and code compliance.

Among those with liens imposed by San Leandro for non-payment of business license fees: Diana Souza campaign mgr Charles Gilcrest.

I was at the council meeting last year where the Council voted to place liens and one of the business owners who appeared complained about the cumbersome system for paying business license fees, the immediate fines and lack of communication from the city. Apparently things haven’t changed as there were many liens imposed.

Floresta Gate

Much discussion about a gate for the Floresta Gardens neighborhood.

Karen Williams of Floresta Gardens asking for gate to reduce crime from non-residents. City discourages gates communities.

San Leandro City Council approves gate on Caliente Drive for Floresta Gardens neighborhood 4-2. Gregory and Lee vote no.

Facebook comment: A neighborhood in Fremont was asking for a gate along the Alameda Creek a few years ago. After a few months of curfew enforcement and checks at the location of concern we found most of the trouble actually originated from the HOA family members and guest.

Public Comments

First speaker addresses issue of children arriving in US from Central America.

Second speaker supports San Leandro Marina. Work session Mon. 7/28 on marina and shoreline.

Marijuana Dispensaries

San Leandro selects ICF International to help craft dispensary selection process. Mass. paid $335,449 to ICFI for similar work.

San Leandro Councilmember Diana Souza recuses herself because son works for pot dispensary that will apply for San Leandro dispensary.

Nothing in the government code requires Souza from disqualifying herself from this situation, but she doesn’t want to be in record voting against medical marijuana facilities. Alas, she has been on the record speaking and voting against them before. Souza, however, did not feel she needed to recuse herself on a vote concerning the property belonging to her own campaign manager.

Surveillance Cameras

Next up: vote on 36 cameras to monitor San Leandro City Hall and other city properties.

Mayor Cassidy clarifies that the upcoming vote does not approve a policy or anything to do with public surveillance cameras.

San Leandro Councilmember Benny Lee asks about backup of the data and whether backups are encrypted: Answer from staff: I believe so.

San Leandro City Council candidate Mia Ousley notes deficiency in draft surveillance camera policy and confusion about the agenda item.

San Leandro City Council votes 6-0 to approve $156k contract with Odin Systems for City Hall cameras. Not sure if it was sole source contract [later confirmed it was].

Pittsburg PD purchased cameras from Odin Systems. SLPD Chief Sandra Spagnoli used Pittsburg as example of video surveillance success.

However, San Leandro had greater reduction in crime without cameras than Pittsburg with cameras.

Odin Systems recently “donated” 60-inch monitor to Pittsburg PD, which paid thousands for cameras from them

No bid contract approved by San Leandro City Council Mon. 7/21 includes cameras with microphones for audio surveillance [which is unconstitutional].

Facebook comment from Mia Ousley, who was also at the meeting:

Only 3 people spoke out at last night’s meeting — all against the policy as is. However, in a confusing intro, Mayor Cassidy said the Council was not voting on a potential future plan to increase the number of cameras, which is what was written in the printed or online agenda. He said that information was only in the title and was misleading. However, I don’t see it that way at all, so it’s unclear to me what the Council actually unanimously agreed to — just replacing the current cameras at our Civic Center or a plan to install cameras at other areas in the city in the future. So I decided to address that issue anyway, saying oversight must be by a neutral party, and that decisions should come from the City Council, which would allow thorough vetting by the public.

Mike Katz-Lacabe agreed, and also discussed additional security and privacy issues that were not addressed in the proposed policy.

Darlene Evans was the only other speaker on the topic, saying her bike had been stolen from the library, where there was a camera, but the officers there told her spiders covered the camera and they couldn’t see anything.

Mar 132014
 

gavelAt the next closed-session meeting of the City Council, the Council will be briefed on a number of lawsuits against the City making their way through the court system.  While they are not the totality of the lawsuits affecting the City, it’s useful for citizens to know what their City’s legal team is spending taxpayer money fighting.

Police Abuse Lawsuits

Parker vs. City of San Leandro & San Leandro Police Department
Police Victimizes Crime Victim

A man was a victim of road rage, so he went home and called the SLPD. When the police came, they found him on his porch talking to a friend.  So what did the Police officer do? Take a report, you say? Why no, of course, not, this is San Leandro.  Instead Police officer Ann O’Callaghan parked across the street, drew her gun, called the plaintiff over and handcuffed and searched him.  Only then he was allowed to file a report. Also involved in this case, was SLPD officer John Kritikos.

The City’s defense? A bunch of affirmative defenses, including “assumption of risk”.  Apparently, if you call the Police to report a crime against you, you consent to being handcuffed and manhandled.

slpdbadgeUnfortunately, there have been several incidents like this one, where a witness or victim calls the Police, and they end up becoming the victims of police abuse.  I reported on a similar case last year, and two more people reported similar experiences on my Facebook page.

McDougall v. Rite Aid Corp., City of San Leandro
Women spent night in jail after trying to get a prescription filled

This is a lawsuit against Rite Aid on McArthur by a couple of patients who brought a prescription for a controlled substance. For whatever reason, the pharmacists thought it was fake or stolen and they called the police. The patients were arrested, spent the night in jail, had to post bail and one even lost her permit to drive an ambulance. It turned out, however, that the prescription was real. The plaintiffs are suing Rite Aid and SLPD, the latter for false arrest.

So, what can we learn from this? First, use the Rite Aid pharmacy at your own risk. Seriously, prescriptions usually come with the Doctor’s telephone number. If the pharmacist suspected something was wrong, they could have called the doctor. Instead, they subjected two innocent women to jail and more due to their own incompetence and even malice. I don’t shop there often, but now I’m just going to avoid it.

But SLPD is just as much to blame. They, too, could have called the prescribing doctor. If they couldn’t get a hold of him, they could have gotten the women’s information, and arrested them once they confirmed the prescription was false.  Instead, their defense is: the pharmacists told us that it was fake, and we believed them.  Ace investigators, there.

Lawrence Williams v. City of San Leandro
Police searches car without probable cause

Early in 2013, the plaintiff was driving near the border with Oakland when he was stopped by SLPD.  An officer told him he was stopped for “moving in his car”. The officers asked him to step out and asked him if he had any drugs or guns, the plaintiff said he didn’t.  Officers proceeded to search the car, even though they had no probable cause for doing so and the dispatcher told them that while the plaintiff was on probation, there was no search clause.  The SLPD officers took the plaintiff’s ID, and did not return it.

Fortunately for the City, the plaintiff has filed this pro se and doesn’t seem to know what he is doing.  I say fortunately, because the judge made it clear that the plaintiff would have to show that it was the City’s policy to violate people’s rights in this way, in order to prevail against the City itself.  A lawyer may very well be able to do so. AFter all, the SLPD itself has issued press release after press release that indicate that a car was stopped and searched with no probable cause.

Who knows, maybe a lawyer will read this and reach out to the plaintiff.

The case is 4:2013cv02302 filed in CA northern district court.

Clean The Drain! Lawsuit

Finch v. City of San Leandro

This case concerns a downhill storm drain that goes through the plaintiff’s property. The plaintiff says the City is responsible for maintaining it, but it hasn’t been doing so, so it gets plugged and the overflow from the drain flows into the plaintiff’s property.

It seems the city has two choices: it can clear the damn drain or it can engage in an expensive lawsuit to find out whether it has the legal obligation of clearing it or not. What has the city chosen to do? Fight it in court, of course.

This is the type of thing for which I think we require clear answers from our politicians.  I’ve asked Mayor Stephen Cassidy to tell us how much it would cost to keep that drain (or even all drains in public property) in San Leandro unplugged, and how much it has cost to fight this case in court for now over two years.  He responded that I should find the information myself – apparently, he doesn’t know or care to find out.

Slip-And-Fall Lawsuits

Two of the lawsuits concern falls due to badly maintained sidewalks. Alas, they both seem to be in private property.

Last year, the City settled a slip-and-fall lawsuit regarding a faulty sidewalk for $5K, but only after litigating it in court for over a year.  The legal costs are probably many times that of the settlement.

We Need Social Workers, Not Police Lawsuit

The last lawsuit the Council will consider, filed last December, is more interesting for its social aspects than its legal merit.   First of all it serves as a reminder that nobody should file a lawsuit without having someone who is able to read/write High-School level English, read it over. As it’s written, it’s pretty much incomprehensible.

But the documents filed with the lawsuit – which are confidential and shouldn’t have been entered into the record, and for that reason I’m not linking to the lawsuit -, also speak about the failure of our educational system to identify children with mental disabilities, and of our social welfare system to provide needed support to families with such children.

The case will be dismissed, most likely, the social problems remain.

Also in the Legal Pipeline

– A liability claim filed by Guy Dilling form the Santos Robinson Mortuary against the City, I’m filing a CPRA request to find out what it’s about.

– The Heron Bay HOA vs. City of San Leandro case has been taken under submission, and a decision is expected by late April.

Ilmberger VS City of San Leandro Apparently, in early 2013, the roots of a city-owned tree blocked the City-owned sewer line on Graff Ave., making the sewage from the plaintiff’s lateral line back up into their home.

– City apparently just won an appeal on a case where a paving company had sued it because it wasn’t awarded the contract .

 

Feb 062014
 
Emergency Services Director Renee Domingo speaking to the City Council

Emergency Services Director Renee Domingo speaking to the City Council

City employees in Oakland and San Leandro appear to live and work by the motto “it’s better to beg for forgiveness than to ask for permission.”  While most city councils rubber stamp whatever proposals city staff puts before them – an easier task than actually reading and analyzing long and boring reports -, some proposals are so clearly contrary to the public benefit that they are not politically tenable for council members to knowingly pass.  In those situations, staff – most assuredly with the blessing of the City Manager/Administrator – may give the Council an “edited” version of the facts behind it.   Whether the purpose is to deceive council members or provide them with plausible deniability can be discerned by how the member react once the true facts are uncovered.

Oakland city staff’s quest to build the Domain Awareness Center (DAC), a facility that would centralize the feeds from hundreds of cameras and license plate readers throughout the City, is a perfect example of how this works.  Internal e-mails obtained through the California Public Records Act make it clear that the actual purpose of the DAC is to track and subvert the activities of political protesters and labor activists in the city and port of Oakland. However, in public meetings, both staff and Councilmembers have only referred to the alleged crime-fighting uses of the DAC.   Finally, at the last meeting of the Council’s  Public Safety Committee,  Emergency Services Director Renee Domingo, who has spearheaded Oakland’s DAC project, was forced to admit that there is no data showing that existing DACs in other cities have helped to either reduce or solve crimes.

While there might be some room for argument about whether misleading the Council as to the purpose for the DAC is actually “lying”, it is absolutely clear that Ms Domingo deceived the Council about Science Applications International (SAIC)the company that was hired to build the DAC.    SAIC is a large military contractor which, among other things, works in the development, building and deployment of nuclear weapons.  Under Oakland’s 1988 anti-nuclear ordinance, the City cannot award contracts to any company that is involved with nuclear weapons.   Internal e-mails show that Domingo was aware that this was a problem in February 2013, but she didn’t mention anything about it to the City Council and the Council indeed went on and hired SAIC to build the first phrase of the project.  According to Domingo, she first heard about SAIC’s non-compliance in August,when activists brought it up – but that’s contradicted by the e-mails alluded to above.

Domingo is now proposing that the Council contract with called Schneider Electric to build phase II of the DAC. A simple google search of “Schneider Electric” and “nuclear weapons” leads to marketing materials from the company where it describes one of its main applications a being “nuclear weapons handling systems.”  It’s still unknown whether Domingo failed to do her due diligence or just hoped that activists wouldn’t find out.

No member of the Oakland City Council has held staff accountable for deceiving  them and for having the City knowingly enter into a contract that violated the City’s own laws.  Councilmember Dan Kalb campaigned on “restoring trust in City Hall“, and yet he has meekly accepted staff’s unethical behavior seemingly without a second thought.   While Kalb is not for re-election, his colleague Libby Schaaf, who has also failed to question staff over their duplicity, is running for Mayor of Oakland.  Her “no need for accountability” attitude is echoed by incumbent Mayor Jean Quan.

Things are no better in San Leandro.  Chief of Police Sandra Spagnoli routinely gives the City Council information that she knows to be false.  She has lied about things as easy to verify as the number of license plate scanners the Department has and the effects of realignment in the City.  But she also gave the Council false information about marijuana, the number of complaints they get about chickens and the dangers of overpollination.  A few months ago, the City had to settle a lawsuit brought by men after the Chief issued a press release falsely accusing them of attempting to engage in public homosexual sex.

Not only does the Chief routinely lie to the City Council, but she has also broken the law.  In 2012, the Chief was caught using Police Department staff and resources to get citizens to lobby the City Council against a proposed marijuana dispensary.  That violates both the San Leandro Municipal Code and the California Government Code.  Though City Council members are well aware of the Chief’s unlawful attempt to manipulate the democratic process, they have not called her on it.  This year, both Mayor Stephen Cassidy and Councilmember Pauline Cutter are running for re-election.

The Chief is not the only “truth impaired” member of staff in San Leandro.  When City staff decided to change the Zoning Code as a tactic in a pending lawsuit, city they explained the change as being a “routine update of the code” and only acknowledged the actual motive behind it after citizens like me brought it up repeatedly at public meetings.  After the acknowledgement, Mayor Stephen Cassidy made some noise about being more open with the community in the future, but did not take staff to task for their repeated attempts at deception.

It’s difficult to know what we can do to restore ethics and accountability in City Hall – both in San Leandro and in Oakland.  Electing the right people has to be part of the solution, but candidates with integrity are few and far between.   My strategy – exposing bad behavior at City Hall -, has seldom been an impetus for change.  Is local democracy just broken and, if so, can it be fixed?