About Sharon Byrne

About Sharon Byrne Sharon Byrne found herself unwittingly thrust into municipal and political issues when she took a sabbatical from her corporate career, and moved to West Downtown in late 2008, a neighborhood in serious decay. She helped engineer a major turnaround there working with engaged neighborhood women. She served on the Franklin Neighborhood Center Advisory Committee, and the Neighborhood Advisory Council. She is the executive director for the Milpas Community Association, and currently serves on the Advisory Boards for the Salvation Army Hospitality House and Santa Barbara County Alcohol and Drug Problems. She is a former Deputy Director of Common Cause in California, and has worked on several ballot initiatives locally and at the state level. Her education in engineering and psychology gives her an unusual mix of skills for working on quality-of-life, public safety, and public policy issues.

Author Archive | Sharon Byrne

Way to go, Milpas-Eastside!

Milpas on the Move column by Sharon Byrne

By Friday afternoon, we’ll know whether we’ve won a national competition for Neighborhood of the Year 2013.

Lorraine Cruz-Carpinter forwarded me the call for entries from Neighborhoods USA. Lorraine runs the city’s Looking Good program. She gets people to sign up as Adopt-a-Block captains to keep our blocks litter and graffiti-free. She also runs the city’s giant annual clean-ups. Thus she scales up to hundreds of volunteers working to keep our city clean, probably the highest return-on-investment employee in this city.

I realized the Milpas Community Association could be a good fit for the competition’s focus on social revitalization, given all the struggles we’d had, how we stayed unified on fixing the neighborhood, and how the entire community pulled together for the holiday lights and parade last year.

So I wrote up our story, and sent it off.

And I got a letter back.

Neighborhoods USA, headquartered in Minneapolis, put us in the top 5 finalists nationwide for Neighborhood of the Year 2013.

Not because everything is perfect – it’s not. We made the finals because Milpas is indeed revitalizing due to a strong community-based grassroots effort for the past 2+ years. There’s a new sense of connectedness and neighborliness, and neighborhood pride.

There’s a lot to be proud of in this neighborhood:

  • The Egg McMuffin was invented at the Milpas McDonald’s.
  • Milpas hosts many family-owned businesses that have been here for decades, with one in constant operation for 100 years.
  • Franklin Neighborhood Center completed a stunning mural, under the leadership of Ricardo Venegas. This is also where the neighborhood came together for the first time at a contentious Franklin Advisory Committee meeting in August of 2010, and decided that we had something worth fighting for.
  • Kids are playing softball again in the Cabrillo ballfield – a welcome sight in our former Ground Zero.
  • We have great schools with amazing principals that care deeply about our kids.
  • We have incredible restaurants. Super Rica was named one the top 25 Mexican restaurants nationally by Food and Leisure Magazine. Los Agaves, Your Place and The Habit consistently win Best of Santa Barbara. El Bajio won the trophy for the city’s best Menudo.
  • Our community police officers hosted the first citywide Menudo competition, at Franklin Elementary. Our beat cops live in our neighborhood, and are invested in our community. We’re proof that community policing works.
  • SBHS was named one of the top 10 most beautiful schools in the US, is the 3rd oldest in California, hosts the state’s longest-running school newspaper at nearly 100 years, and is home to the defending US champs in cheerleading! Go Dons!
  • The Eyeglass Factory puts on Kids Health Day, and gives out free eyeglasses and exams to kids. We give away kids’ bikes at that event, thanks to John Dixon of Tri County Produce, hands-down the best produce market in this city.
  • We started a Halloween Trick or Treat on Milpas, and the merchants really turn it up for the kids.
    We got our holiday streetlights back up, with huge community support, including Milpas businesses, the Sentinel, Franklin PTA, Casa de la Raza, Boys and Girls Club, and Casa Esperanza.
  • We throw a holiday parade featuring youth and cars. This year is the parade’s 60th anniversary.
    Boys and Girls Club just won the city’s Spirit of Service Award for Clean Community. They always bring out masses of kids for the clean-ups, and teach them how to take ownership of their neighborhood.
  • Casa De La Raza gave us a home for the holiday parade team, and welcomed us to throw a party to greet our beat cops to the neighborhood.
  • Our Lady of Guadalupe, shepherded by Father Marin, cranks out the best tamales at Fiesta. The hall, historic home of Franklin Elementary School, has been a great place for us to work on some of our toughest issues.
  • We have our own column!
  • North Milpas now hosts The Shop for great coffee and food, owned by Eastside residents. Let’s hear it for another local business on the street! Ami (also an Eastside resident) of Jack’s Bistro holds down South Milpas, and always smiles a greeting when you walk in.

This really is an incredible neighborhood, when you step back and look at it.

All the marches, neighborhood clean-ups, meetings, meetings, and even more meetings, Planning Commission and City Council hearings, graffiti removal, neighborhood watch efforts, community policing, and holiday efforts…

Where else have you seen business owners, residents, community organizations, and schools work together with the city to make the area better?

All that effort applied for sheer love of our neighborhood has led us to this point.

To those that worked so hard for so long on this area, and gave so much, you already are winners. You already are the Neighborhood of the Year.

Way to go, Milpas-Eastside neighbors!

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AB 5: ‘Homeless Bill of Rights’ Wrong-Headed

Weekly column by Sharon Byrne

Assembly Rep Ammiano (D-San Francisco) has introduced Assembly Bill 5, the “Homeless Bill of Rights”, titling clearly meant to cow any opposition.

One wonders why the Bill of Rights in the US Constitution isn’t sufficient…but this bill isn’t about homeless rights. It’s about Ammiano’s ego playing at one-upmanship with another state.

Rhode Island passed a Homeless Bill of Rights last year. Theirs basically says cities can’t prosecute homeless individuals more than anyone else for the same violations. According to HUD, Rhode Island hosts 0.2% of the nation’s homeless, the lowest percentage.

As does Guam.

Feel-good gestures are easy when your problem is negligible.

California, by contrast, hosts 1/5th, or 20%, of the US homeless population. New York runs a distant second, with 11%. Our state needs real solutions. Ammiano, termed out next year, provides none. Instead, as his last hurrah, he strikes at cities struggling to maintain some quality of life. Clearly fuming over San Francisco’s no sit/lie law, Ammiano sweepingly equates “quality of life” ordinances with the brutality and oppression of “Jim Crow” laws.

This sort of hyperbolic hysteria is why the rest of the country laughs at California. Remember that South Park episode?

In the past decade, homeless advocacy has shifted from:

Homelessness is a serious problem that must be solved

To:

Homeless have the right to be homeless because they’re homeless!

That circular thinking leaves the homeless…well…

Homeless.

AB 5 calcifies this mental rut. Let them live in parks. Quit trying to get them into shelter and programs. The homeless should have the right to do whatever they want because they’re homeless.

While AB 5 will certainly appease the free-range crowd that abhors requirements entailed by indoor living, preferring to be unfettered in doing as they please, what about those that don’t want to be homeless? How does legislating their right to sleep in a bush represent progress?

California’s climate (meteorological and political) attracts out-of-state homeless, and some create serious problems for locals, whether those locals are housed or not, as Jose Arturo Ortiz Martinez-Gallegos’ letter in the Sentinel last week makes clear:

“We who were born here and are now homeless would like these aggressive outsiders to go away and leave SB forever.”

Amen, Jose. Want to have coffee (my treat), and work together on this?

What’s in AB 5:
(April 30th amended version)

Homeless persons have the right, free from harassment, to:
1. Rest, eat, share food, and panhandle in any public space

2. Inhabit a motor vehicle parked on public property

3. Legal counsel, paid for by the county, for any judicial proceedings.

4. Health and hygiene centers available 24 hours a day, seven days a week

-Law enforcement must compile all statistics on the number of citations, arrests, and other enforcement activities for loitering, sitting or lying down, lodging in public spaces, sleeping, panhandling…and report these annually to the Attorney General.

-Any person whose rights have been violated under this act may enforce those rights in a civil action.

-The court may award appropriate injunctive and declaratory relief…including statutory damages of one thousand dollars ($1,000) per violation, and reasonable attorneys’ fees and costs to a prevailing plaintiff.

Definitions:
(d) “Homeless persons” means those individuals or families who lack or are perceived to lack a fixed, regular, and adequate nighttime residence, or who have a primary nighttime residence in a shelter, on the street, in a vehicle, in an enclosure or structure that is not authorized or fit for human habitation. “Homeless” also means a person whose only residence is a residential hotel or who is residing anywhere without tenancy rights, and families with children staying in a residential hotel whether or not they have tenancy rights.
(e) “Public space” means any property that is owned by any state or local government entity or upon which there is an easement for public use and that is held open to the public, including, but not limited to, plazas, courtyards, parking lots, sidewalks, public transportation, public buildings and parks.
(f) “Rest” means the state of not moving, holding certain postures that include, but are not limited to, sitting, standing, leaning, kneeling, squatting, sleeping, or lying.

Full bill text: CLICK HERE. Continue Reading →

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Pill Culture in Santa Barbara

Weekly Friday column by Sharon Byrne

Those little prescription containers in your bathroom don’t seem all that threatening. But prescription drug abuse is indeed on the rise, and with it, overdoses and death.

It seems odd that anyone could abuse something that is prescribed by a doctor, and dispensed by a pharmacy. Those two steps would seem to provide barriers that would make this category of drug abuse less likely than others. If it’s harder to simply get something, isn’t it harder to abuse it?

Dr. Julio Diaz in handcuffs

Au contraire. Last year, Dr. Diaz was arrested on Milpas by the DEA for distributing controlled substances outside the scope of professional practice and without legitimate medical purpose. Local law enforcement and doctors working the emergency room at Cottage dealt with multiple prescription drug overdoses, 11 of them fatal, all of them patients of Diaz. Two brave doctors at Cottage realized Diaz was not following the oath to ‘do no harm’, and pursued a complaint with the Medical Board of California, whose job is to license doctors and investigate physician misconduct.

The complaint disappeared down a black hole. That same board is now coming under fire for failing to discipline doctors who recklessly overprescribe. Seems they won’t police their own, so the state is looking to hand that job to the Attorney General.

The Attorney General has her own struggles. The database used to track prescriptions and doctors, CURES, is under-funded, and pretty much defunct.

Some pharmacies refused to fill Dr. Diaz’ prescriptions. But apparently not all…

The SBPD and Sheriff’s Office contacted the DEA, who ultimately arrested and prosecuted Diaz, also known as “The Candy Man”. He was charged with 12 counts of over-prescribing prescription drugs, and stripped of his license to practice medicine.

So clearly people do abuse prescription drugs, with the complicit aid of a doctor, but legitimate users are also dying. They combine pills without understanding that some combinations can be lethal. Your doctor is supposed to advise, but with so many pills flooding the market, how could the average doctor possibly know every single effect from what must be thousands of unique possible combinations?

No one has that vast bio-chemical knowledge and if they did, the odds of them also being your GP are astronomically low.

Then there are pharm parties, where teens raid medicine cabinets at home, dump pills into a big bowl, everything from painkillers to blood thinners to arthritis medications, and scoop out a handful, and down them. The point is to get high without knowing what you’re high on. You get a different high at every party.

The overdose and lethal combination potential isn’t even registering in teen consciousness. A doctor prescribed it, so it’s gotta’ be safe, right?

To me, the major culprit in prescription drug abuse is the creation of pill culture, courtesy of big pharmaceutical companies via enormous marketing campaigns. Watch any TV station with a target-rich audience; Spike, OWN, Fox, and you’ll be bombarded with commercials that promise pills for any condition:
Need to lose weight?
Or not bulked up enough?
Low energy?
Or need to dial it down so you can sleep?
Got a kid with ADHD?
Is your sexual appetite waning?
Need something to protect against pregnancy when your mate is on sexual stimulant pills?
Got mysterious pains?
Feeling down?

Well, hey – we’ve got a pill for that!

Continue Reading →

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The Pythons Would Be Proud

Milpas on the Move Column by Sharon Byrne

There is some pretty spectacular musical theater on stage right now in Santa Barbara in a surprising location. For the bargain price of $10, you can treat yourself to two hours of Vegas-wattage, Broadway-bound rising stars hitting it out of the park. The Santa Barbara High School Theater is staging Spamalot, lovingly ripped off (as they put it) from Monty Python’s Holy Grail, totally amped up, dressed up and repackaged into a raucous show with something on offer for everyone.

As with all things Python, no sacred cows are left unmolested. Everything is fair game. For hardcore Python fans, like the author of this review, rest assured – all the great bits from The Holy Grail are intact in this production:

  • Knights skipping on foot, with faithful serf trotting behind, clapping coconuts to produce horse sound effects – check.
  • Monks bashing their heads with tomes while chanting in Latin – check.
  • Plague victims protesting they’re not quite dead yet, only to be quickly finished off so a relative can collect all of nine pence – check.
  • French soldiers hurling puerile insults with ‘zeir outwrhaaaageous akzent’ and the wooden rabbit ruse that went sideways – check.
  • Brave Sir Robin with the accompanying and highly annoying minstrels constantly singing a narrative of the true chicken he is – check.
  • Knights who say Nih! and demand shrubberies – check.

All the required elements are there, but Spamalot also packs in a slew of brilliant musical numbers, including “The Song That Goes Like This”, with sweeping romantic themes, done in Pythonesque style. Who better than the Monty Python crew to turn the lens of irreverence and spoof on theatrical elements from within an actual play performance?

Continue Reading →

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Government Uh.Oh

Weekly column by Sharon Byrne

I have always had a healthy respect for the Feds, ingrained at an early age by immigrant parents. They constantly fretted that they might possibly somehow do something that would cause revocation of their hard-won US citizenship. My father overpaid his taxes, documented every bit of government minutiae, and maintained precise, orderly files, ready for inspection, at any time.

He’s British. Nobody excels at bureaucracy, protocols and procedures like the Brits.

I got my US passport in toddlerhood, social security card at nine, and paid my first income taxes at fourteen. As a US-born citizen, I took being square with Uncle Sam for granted far more than my naturalized parents did.

Boy was I wrong.

The IRS notified me in February that they audited my 2011 tax return, decided I didn’t have a child, and now owed stiff penalties. I remember reading they’d hired 1,000 new agents determined to ferret out tax dodgers. Had I somehow landed in their crosshairs?

I went to the IRS to prove my child’s existence. I produced her birth certificate, passport, and social security card. They had transposed the last digit of her social security number, a small clerical error.

With that fixed, I submitted my 2012 tax return electronically, and it was rejected. My birth-date was wrong.

I entered the same birth-date I’ve had since….well…birth. February 9, 1968. A call to the IRS revealed that Social Security has a different birth-date for me – 1/1/1960.

I broke out into a sweat. First the IRS thought I didn’t have a kid who is very much real. Now a different arm of the Feds decided I was born 8 years earlier.

Could this be identity theft?

I went to Social Security, arriving to a packed lobby resembling the Bradley International Terminal at LAX. I took a number and chatted with a nice German couple (Ich spreche ein wenig Deutsch). I brought my US passport, social security card, and tax returns.

I then entered the realm of Government Uh.Oh. Turns out that Social Security had changed my name to my married name (I divorced in 1998) and changed my birth-date. They had no record of authorization from me to make these changes.

So, ok, it’s their mistake. They could just fix it, right?

Er, no. I must now produce my birth certificate to get my date of birth fixed. Or a baptismal record. Something showing I was actually born. But wait, I had to produce my birth certificate to get my US passport. Here’s my passport, right here, with my correct birth-date, and my social security card.

The agent rolled her eyes. “Anyone can forge US passports these days”, she said. Same with Social Security cards. Even kindergartners know this, apparently.

Isn’t it easier to forge birth certificates or Baptismal records???? To this novice, US passports look fairly arduous in comparison. Besides, why doesn’t ID issued by the feds satisfy federal scrutiny?

I also have to produce my divorce decree, with embossed seal of the state of Texas, for a divorce that happened 15 years ago.

The alternative is to call Homeland Security to sign off on whether my passport is actually valid.

HOMELAND SECURITY?!?!?!?!?!

Summing up:
1.    Dad is right – always have every document that you might ever need to prove your citizenship certified, in triplicate, ready for inspection at any time.

2.    US Passports and social security cards, issued by the feds, are suspect to those same feds as valid ID, but other easily forged documents are fine.

3.    There’s no central database for US citizens. Apparently, there are now entire suburbs in Virginia and Maryland populated solely by federal employees of defense and security agencies of the 3-letter acronym variety. Their databases are not linked. Cross-communication is strictly prohibited – everything’s classified. They can’t even talk shop at back-to-school night. Makes you wonder how that War on Terror is going.

4.    A federal agency can alter your records at any time, and it’s on you to prove your identity, even when it’s their mistake.

5.    I could just give up trying to fix their error, and start collecting Social Security 8 years early.

6.    I’m beginning to question my existence.

A reader asked me to elucidate what Government 2.0 could look like. Given this round of Federal Government Uh.Oh, maybe a centralized database would prevent hurling citizens down the government wormhole when one arm arbitrarily decides to alter their records. Why do federal workers administering isolated, inscrutable databases whirring away in the bowels of the FBI, IRS, SSA, NSA, HSA, CIA or DOJ have supreme authority to randomly alter the facts of our existence, and then require that we prove them wrong?

On the other hand, while a bureaucratic nightmare to navigate, maybe it’s preferable that the various sprawling arms of the federal government operate in silos. Maybe it’s too Orwellian-scary to contemplate a centrally coordinated federal government. If some hung-over federal technocrat accidentally deleted you, then it would be as if you never existed.

At all.

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Whose City Is It, Anyway?

By Sharon Byrne

I passed by the grunge set hanging out on the brick “art” structure in the 500 block of State, and this is what I got:

How bout you give me 5 bucks for sitting on my ass?” one calls out.

‘How bout you get a $%*! job!’ I responded. Not very ladylike, but I’ll be damned if I’ll let them bully me. When they started taunting and threatening me, I stopped, and said I am calling the police while taking their picture. One of them hid his face:

Most people don’t want the hassle, understandably. Better to just hurry by, or avoid the area altogether, so the louts win, effectively. They have control of the block.

This continual occupation of the public-art-brick-bench by the lout set is starting to boil. It’s long been a problem, but recent violent incidents, including an assault on a shopkeeper and a guy waving a machete while demanding money, have upset people. Citizens want something done.

Suggestions put forth, with some attempted:

  1. Police them out of here. I see Officer Beutel hover over them like clockwork around lunchtime, which curbs some of the nastier behaviors, but the cops can’t legally order them off the brick thing. It’s public art. Maybe not your taste, and maybe you don’t think taxpayer dollars should have funded it. But we have no ordinance against loitering, nor do we have a time limit on public spaces, so sitting there all day is legal. Cops can only make an arrest for illegal activities.
  2. Stop them from panhandling. Courts have ruled that anyone can be in a public space with a sign soliciting alms, protected as free speech, even if the sign contains offensive expletives. Strong-arm tactics are not legal, but tourists don’t know that, and few of us would make a citizens’ arrest and press charges.
  3. Repurpose it. I called the Chamber of Commerce and the Visitor and Convention Bureau and suggested we make it a temporary tourist kiosk, put out pamphlets, and have some volunteer tourism ambassadors sit there. ‘Er, well, um, we really don’t do that,’ was the awkward response. I even called groups to do voter registration drives there, but they’re only active during elections, and would they need a permit? Scratch that idea. This thing actually was an MTD stop, but because of the lout occupation, MTD drives on by.
  4. Put plants there. Preferably cacti.
  5. Move it. The artist disagrees. We’re just displacing the problem. It’s happening in front of Yogurtland too, so see, they’ll just find some new spot to take over. Physically, this one’s not going to be easy to move.
  6. Citizens reclaim it. If we sit there all day, they can’t, right? Shift sign-up lists, anyone?
  7. Get rid of it. The Arts Community is decidedly against this. Can’t the police deal with it? See #1 and 2 for limits on police power.
  8. Stop Wall St Greed, and end the disparity between rich and poor to solve homelessness. Sure, we’ll get right on that. No one’s solved it in decades, but let Santa Barbara lead the charge!

To the homeless advocates itching to plead these are mentally ill-drug-addicted-alcoholic-veterans-deserving-of-our-compassion…

…Stop.

They’re 20-somethings traveling the Seattle-Portland-California circuit. They’ve dropped out to hang out and do the sidewalk-sprawl that has driven Haight-Ashbury and Berkeley crazy for years. They pull in generous handouts from State St visitors, with the Bank of Mom and Dad for back-up. Offer them shelter and services, and they’ll laugh at you. They aren’t homeless. They’ve just decided to forgo the expense of lodging for camping freely in your town. They view employment as capitalistic penal servitude, utterly beneath them. They’d rather you keep handing over $5 to them for ‘doing nothing’, extortion for not harassing you.

So this isn’t about whether Santa Barbara has to sacrifice public art or public space to the homeless. The bench occupiers aren’t homeless.

This is about how tolerant we are, as a city, to packs of traveling youth who decide to camp here, take over our public space, and intimidate us for money for today’s grub, booze, and smokes. Some even chase or assault us, as happened recently, when we don’t willingly fork it over. We’ve been far too tolerant, apparently.

We whine that we won’t go downtown anymore because this crowd has taken over. Why did we hand it over to them in the first place? When we avoid State, we are indeed handing it over. Worse, we’re punishing local businesses, people who actually ARE our fellow citizens.

Whose city is it, anyway??? Ours, or the out-of-town youth grunge set’s?

There’s a saying:

Live in New York, but leave before you get too hard.

Live in California, but leave before you get too soft.

We’ve been way too soft on this one, people.

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That Brick Art Bench Thingy on State Street

I am stepping up to bat for lower State here. I couldn’t believe the News-Press ran a photo of that bench thing looking all neat and pristine. Sure, that’s how it looks at 7 AM. Then the Indy ran one of a nice fellow sitting there, strumming a guitar.

I am running one of how it REALLY looks. – Sharon

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Government 2.0

Weekly column by Sharon Byrne as featured in the Santa Barbara Sentinel.

Most of us would count ourselves as good citizens in keeping ourselves informed by reading 2-3 news stories every week on what the government’s up to, and voting in the presidential and even midterm elections. We might even vote in municipal elections, attend a public hearing on something important to us, and write our Congressional rep about a bill we care about. We could even join a watchdog or advocacy group that works on issues of interest to us, like AARP, or the Sierra Club.

We’d likely be content with that level of participation as meeting a satisfactory standard of solid citizen engagement.

That implies, of course, that our elected representatives and government officials can be trusted to carry our wishes and concerns forward, to some beneficial end.

But that is a far cry from how things actually work. Turns out, in our current Government 1.0 model, that the citizen concerned about his country, state, county, and/or city direction needs to invest considerable time and effort in government affairs. Why? Because without citizen input, in significant quantity, elected representatives and government employees are overwhelmingly tempted to make an assumption:

You don’t care about issue X. You didn’t come to the (often multiple) meetings we hosted on it. You didn’t take time off work to give your 2 minutes of public comment during the Board of Supervisors or City Council meeting, after waiting 2+ hours to speak. You didn’t email, call, or meet with us. So that means whatever we’re planning on doing, you endorse it.

Or at least… you don’t oppose it.

Either way, good enough. Full speed ahead!

You learn painful lessons in dealing with government issues that affect you. One is that issues take YEARS in average-citizen-time, mere moments in government-time, to crop up, escalate, boil over, and finally get resolved. By the time you get involved, usually at the boil stage, you’ll discover that others have long been at work on this, shaping the issue in the direction they want it to go. You didn’t know your state legislator was behind a bill that would hinder your business. You found out when you were affected by it going into effect, a year after he drafted it, passed it, and got it signed by the governor.

So you need a lot of lead-time to influence things before they become laws that strangle or implementations that enrage.

Bulbouts were in the planning process for years!

You also need a lot of time to participate in the process. Things like bulb-outs didn’t happen overnight. They were years in the planning process, the capital budgeting process, and months in installation. You only found out when you ran over a newly installed one.

Try changing government momentum on these kinds of issues when they’re in full-speed-ahead mode.

Abandon All Hope Ye Who Enter Here…

Let me paraphrase that by saying you’re signing up for a whole lot of meetings, maybe years’ worth…

Government is no longer by the people, of the people, for the people. It’s a massive self-propagating entity for career politicians and entrenched bureaucrats, to further their careers, enabled by those with sufficient time and money to lobby them.

When citizens do amass over an issue, armed with their metaphorical torches and pitchforks, the government politely listens. But if you fail to continually amass at all subsequent hearings on the subject, held during working hours, over a span that could be years, they’ll likely conclude you weren’t really serious after all.

The vast majority of the working population cannot hope to meet that impossible standard. Imagine popping into your manager’s office to let him know you’re missing his critical deadline because you’ve got to be at City Council yet again to lobby for streetlights. You went to the initial meeting to present neighborhood need, next to the budgeting session to plead for prioritization in the city’s long capital improvements queue, then to the ABR, and now back again to City Council for final approval.

You might truly need streetlights for valid safety reasons, and all that time off work to attend those hearings was absolutely required to navigate the city’s arduous process. You may well have been the shining example of carrying out one’s civic duty, but your boss is most assuredly searching for your replacement.

Enormous time and effort, then, is required to ensure a) your government listens to you, and hopefully works with you or b) doesn’t screw you with some harebrained initiative they dreamed up while you were busy earning a living, raising kids, and obeying the myriad of laws they’ve already passed.

This 1.0 model of government places the burden on citizens to participate, and of course you must do so at the government’s convenience, using their established channels and procedures.

Money, of course, eases such restrictions.

Little wonder that we get the results we get.

This 1.0 model of government is labor-intensive, ridiculously unwieldy, glacially slow, exorbitantly expensive, and produces a lot of bad results. Somebody please bring on Government 2.0, the open-source version with low overhead, fast performance, user-friendly features, and far fewer steps required to achieve desirable outcomes.

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Selective Justice = Criminal Justice Gone Sideways

Weekly Column by Sharon Byrne

My column two weeks ago got a lot of feedback. My examples in that piece contrasted unpunished criminal acts with city regulations, fees and fines for minutiae, all leveled against the dutiful citizen. That is selective justice, where the net effect is that we increasingly enforce those in our society who can pay.

When it comes to criminal justice, that’s a state issue, and it’s there I want to focus now.

First, the obvious: law-breakers cost money to arrest, try in court, and incarcerate. Governments are still feeling downward pressure from the recession and shrinking budgets. They must cut expenses, and generate new revenues. Doesn’t take a Harvard MBA to see that criminal justice sucks money like a Hoover, and generates little revenue, a net budget drain.

The two largest states, California and Texas, also have the largest prison populations, and have pursued two very different models.

California was court-mandated to reduce prison overcrowding, and offloaded prisoners to the jails, reducing our prison population from its former high of 170,000 to 134,000. Burglaries and assaults are going up, hitting neighborhoods that don’t normally see crime. The reason is that supposedly victimless-crime offenders, having gotten an early release courtesy of the federal court mandate, often go right back to re-offending. When they are caught and arrested, our jail is full from housing the offloaded prisoners and those awaiting trial for violent offenses. So lesser offenders go right back out onto the streets. Enforcement tries to keep track of the more dangerous ones via electronic monitoring. The LA Times just reported electronic monitoring ankle bracelets have a 45% failure rate, so don’t buy stock in that solution just yet.

However you thought the criminal justice system works, or is supposed to work, it’s just been effectively kneecapped. California put a lot of criminals back out onto the streets, where we encounter them repeatedly.

The ripples are spreading through all aspects of the system. Governor Brown wants to charge for court records for criminal proceedings. The DA is bunching offenses together in the hopes of getting appropriate treatment for a repeat offender in court.

Now, typically California leads the way, so this isn’t good news for states watching their future hurtle towards them from the left coast.

Texas is pursuing a different path, though also in the direction of selective justice.

Checking in with my ex in Texas (don’t go there), it’s still a big law-and-order state, but they have changed up the order of law. Like California, Texas has realized that criminal justice is a costly enterprise, so they followed the lead of Corporate America, and outsourced. I don’t mean they followed the old British model of exporting prisoners offshore (hello, American colonies and Australia). No, they paid corporations to build and run their prisons. On its face, it makes sense. Government is slow, inefficient and expensive. Pay someone else to do it cheaper, faster, better, and sidestep those expensive prison guard unions while you’re at it.

Create a prison boom, boys!

Continue Reading →

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Positive Turns in the Road: Data from Homeless Count, Community Policing

Weekly Column by Sharon Byrne

I attended the Common Ground briefing Monday on the data from the point-in-time count undertaken in late January. This year, more than 600 volunteers participated countywide, the largest volunteer turnout nationwide, according to the mayor.

The mayor noted “we have perceptions of what we see, but have to put that in context. That’s why it’s important to have the data.”

I completely agree. Otherwise, it’s all anecdotal evidence and hyperbole.

Maybe it was the 2:00 PM timeframe, but while I saw a lot of who’s who in homeless services and government in attendance, I didn’t see as many from the general public.

The survey is a bi-annual HUD requirement to receive federal monies by doing a homeless count, a snapshot at a point in time with all the flaws you can imagine built in. You have to train volunteers to knock on cars with coverings in the windows, and hunt through shrubbery to find people.

The vulnerability index (the detailed survey) aims at getting information needed to prioritize services. It requires getting someone to answer 50+ questions about their health, jail time, and more. So there are limitations to how good this data really is, as it’s collected by volunteers, and relies on self-reporting.

One of the goals is to rank order the most vulnerable at risk of dying prematurely on the street. Even with limitations, some data is better than no data, and at least gives a starting place.

Some statistics of note:

  • 1,111 surveys completed countywide, 1,446 total contacts (includes refusals, inability to administer, and duplicates. One guy took the survey 4 times!)
  • We found fewer people this time compared to 2011 when we interviewed 1,536, a drop of 4.56%
  • In Santa Barbara, 946 were interviewed, representing 64% of the county’s homeless. In 2011, it was 1,040 individuals, about 67%.

Regarding numbers moving up or down: the restorative police got 120+ individuals off the street last year. The Housing Authority reported 181 had been housed, representing 92 households. Is there overlap in these numbers? We counted about 100 less homeless in Santa Barbara from 2011-2013. If there is some overlap between Restorative Police and the Housing Authority, then counting 100 less makes more sense, but also implies we still had an overall increase. If there’s not much overlap, then after moving about 300 people out of homelessness, we picked up an additional 200 from somewhere. We need to figure that out.

Other stats of interest:
Living situations:
Street: 31%
Vehicle – 16%
Shelter – 32%
Transitional – 12% (includes hospital and jail)

Male: 68%
Female: 32%
Veterans: 14%
Youth 25 and under: 10%
Elderly 65+: 9%

Average age: 43
Average time homeless: 6.4 years

COSTS (annual, estimated):
ER visits– 732 at $732,000
Hospital admissions– 685 at $4,110,000
Jail: 72% – $977,900
Prison: 25% – $12,318,750

Rob Fredericks, Deputy Director of the city’s Housing Authority, pointed out that it makes sense to re-orient resources away from the revolving door of prison and jail and use them somewhere more productive.

Reasons for becoming homeless:
Economy / Home loss – 19%
Health – 18.5%
Loss of Job – 26.1%
Military Discharge – 9 1%
Other – 31.3%
Unknown – 4.2%

Alcohol abuse: 51%
Treated for substance abuse? 44%
Mental illness: 56%.
Prescribed meds: 42%
Tobacco: 58%
Illicit Drugs: 45%

Why Santa Barbara?
Climate: 11.5%
Family: 16%
Friends: 6.5%
Not listed: 35%
Services: 4.4%
Note: with self-reported data, there’s always a caution as to veracity.

Funding sources:
Continuum of care: $1.69 million
HOME Investment Partnerships Act Program: $792k
General Fund to shelters: $370k
CDBG – $232k

One of the pragmatic solutions coming out of this effort was the creation of the Housing Placement Work Group. They meet weekly to work down the list of the most vulnerable to move them into housing. Another pragmatic step will be to get the non-profits to the table and figure out how to make some progress working together. Rob Pearson mentioned that Casa Esperanza is looking at moving to a sobriety-based model.

Yes, there’s still a lot of work to do, but this is the most progress I’ve seen on this front.

The presentation should be up soon at www.commongroundsb.org.

Another positive development is the successful Coffee With A Cop program, started by Officer Beutel. This week’s coffee was at the Santa Barbara Roasting Company.

Brinkerhoff neighbor Carl Hightower talks with Beat Officer John Reyes

I can’t say enough good things about the community-based approach now in SBPD. The 4 beat officers, covering Eastside, beachfront, downtown and Westside, are doing a great job as community police, yielding a constant presence and familiar face that knows your neighborhood issues up close and personal. The Restorative Police are very effective at working with the chronically homeless. We’ve seen improvements with focused patrols in the Milpas corridor.

There are always going to be urban problems to be dealt with, but it’s refreshing to see pragmatic people step up and try to fix them with a community-based approach, a positive turn in the road.

Councilman Dale Francisco, Officer Adrian Gutierrez and neighbor Shana Savage.

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Six Vignettes, One City, Two Distinct Sets of Rules

Weekly Column By Sharon Byrne as featured in today’s Santa Barbara Sentinel

1. A restaurant manager calls the police on a transient who assaulted his employee, the third assault this month. He receives a violation from the city the same day for trimming a bush at the edge of his property that partially overhangs a city sidewalk.

2. A restaurant owner faces the Architectural Board of Review. His remodel is complete, but the ABR wants to review his choice of light brackets. With his $300 / hour architect at his side, he watches nervously as the ABR dickers over the color. “Mariner brown” seems to keep more with the architectural aesthetics of Milpas St. The owner wanted sea-foam green, but knew to have an alternative at the ready. He later writes a check for the security guard required in his restaurant. Patrons and staff have been assaulted. They’ve found drug needles in the bathroom. He constantly frets about their safety. But at least he’ll be able to finally install light brackets, albeit in mariner brown.

3. A man is pulled over for a non-working tail-light at Ortega and State. While he waits for the officer to write a fix-it ticket, he watches 3 young men smoke pot openly on a State St bench.

4. A downtown auto shop owner struggles repeatedly with graffiti on his wall next to a sidewalk. The city cites him every time it is vandalized. He has to keep painting it over, at his expense. After 10 years of this, he begs the city to do something. They paint the wall an ugly shade of blue, covering 2/3 of the way up. Scrawls immediately appear. Neighbors try police patrols, neighborhood watches, and streetlights. Nothing worked. So they collaborate with the owner to organize a street-art mural on the wall. Several months later, the mural is untouched by graffiti, but the owner receives a notice of violation from the city for painting the wall a non-standard color. His only recourse now is to pay a fee to plead his case, or paint it white, returning a blank canvas to vandals.

5. A gang member awaits trial in jail for beating a man to the point of inflicting brain damage. His bail is significantly reduced, probably due to jail overcrowding. He gets out, commits a stabbing, and is re-arrested. The next day, a resident near the stabbing site walks around the blood on the sidewalk to leave for work. It’s 9:07 AM. There’s a ticket on her car stamped 9:03 AM. The street sweeper is supposed to come between 9 AM – 12 PM.

6. A businessman calls the police repeatedly for people drinking on the sidewalk outside his business. The police tell him there’s a homeless shelter nearby, this goes on every day, and there are higher priority calls. Besides, open-container cases are difficult to prove. The businessman receives a notice from the city that his business sign, in his window for 20 years, is in violation of the sign ordinance.

These are actual everyday occurrences in Santa Barbara. There’s plenty of blame to go around, so insert your cause-of-choice here.

But the effect is that we’re creating two distinct societies: one of law-abiding folks rewarded for their good behavior with ever more stringent rules to follow and strict enforcement, while those who commit illegal acts against them are left pretty much to their own devices.

How’d we get here? Well, good citizens will submit themselves to a maze of regulations, and pay all resulting fees. Our state and local governments, always hunting for revenues, bank on that. Extensive staff is deployed to catch those errant shrub-trimmers and sign-violators. We seem to enjoy policing our fellow citizens into the standards we’ve set for our city.

The less-than-law-abiding reap the reward of a state conundrum made local. California must reduce formidable overload on its penal and criminal justice systems. Offloading the prisons was mandated by a federal court order to reduce overcrowding. That created the need to house more violent felons in jails, and ours was already overcrowded, pushing lesser offenders out onto the street.

Decriminalization measures sound good: reduce enforcement and court costs by decriminalizing low-level offences. What that really means is that while it is still technically illegal, we just stop enforcing it. Marijuana was decriminalized in Santa Barbara – the cops are supposed to wash the canines before responding to pot calls. We voted for that, with Measure P in 2007, backed by Capps. We should apparently learn to enjoy pot smoke blown in our faces on sidewalks.

Public drinking, inebriation, urination, and defecation are now de-facto legal because juries find these cases to be time-wasters, understandably. Even if they convict, well, there’s no room at the jail. Surely there are better ways to handle these things, goes the current school of thought. Maybe, but nothing better was actually put in place.

Weaken the stick that kept order, and don’t replace it – what did we expect to happen?

Some days it starts looking like there are scant few rewards to continue being a good citizen, and a whole lot of grief.

The veneer of civilization is very thin. Lately, it’s starting to feel fairly malnourished.

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El Mundo for Menudo

Milpas on the Move, by Sharon Byrne as featured in today’s Santa Barbara Sentinel

Last weekend, Eastside Beat Officer Adrian Gutierrez did a wonderful thing. He pulled off the First Annual Menudo Festival in Santa Barbara, as a fundraiser for the SBPD Youth Explorers program. Explorers are youth aged 14-20 interested in a career in law enforcement. They have to pass written exams, physicals, and do a lot of community service. The program is run by Beat Officers Beutel, Gutierrez, Reyes and Wojo. Explorers have always been polite and helpful at the Milpas Holiday Parade and neighborhood clean-ups.

Officer Gutierrez with some of the Explorers working the event

For the Menudo Festival, Adrian pulled together 12 stellar Mexican restaurants eager to submit their treasured Menudo recipes in the hopes of winning the title of Best Menudo in Santa Barbara. Here’s the line-up:

Now maybe Menudo is not your thing. I am admittedly a Menudo novice, but have long been intrigued by the particular genius of cooks who take unpalatable, worthless, and discarded meat products, and turn them into something zesty, delicious, and then much coveted. The South has BBQ –stringy, gristly cuts of pork in danger of going off are stewed into something tangy and delicious that people line up to eat. Texas gave us chili –a poor harried camp cook, short on supplies on the trail, has to figure out how to make beans appetizing for yet another night The French made bouillabaisse and the Italians came up with zuppa di pesce for the fish no one particularly wants to buy, but is still edible, and they serve it up in a righteously spicy, fragrant tomato-laden stew. The Hindus have curry, and so on. Everyone was trying to kill a number of birds with one stone: a) take less-than-premium ingredients and stew them into something appetizing, b) feed people on the cheap, and c) conserve scarce food resources.

In other words, if you’ve got nothing else to eat, concoct something incredible out of something people tend to throw away. Cooking up the premium stuff like lobster and filet mignon is easy. Taking tripe, kidneys, or other throw-away parts, and making them into a highly sought-after flavorful dish takes some genius. Consider it a form of early recycling. Nothing gets wasted, people get fed, and it tastes great. What was reviled now becomes a delicacy.

Enter Menudo, Mexico’s much beloved entry onto this global field.

For the bargain price of $10, this gringa novice was going to get to try 12 samples of the best Menudo in the city. Surely this was about the best possible option to venture forth into trying Menudo.

Held at Franklin Elementary, with lively dance music blaring, the crowd was huge, and as diverse as the Menudo itself. Turnout was excellent, picture left.

Turns out everyone has a prized, sacred Menudo recipe, handed down by a revered ancestor. No two Menudos are exactly alike. I was stunned at the differences between the dishes I tasted. It was a wide spectrum: heavy, rich, spicy and complex versions, to clean and simple, but still tasty concoctions.

Pedro Nava about to tuck into a taste of Menudo

Pedro Nava kindly showed me some of the ropes: I learned to sprinkle oregano liberally, and squeeze some lime in. Turns out honeycomb tripe is premium. The broth should be reddish brown in color. Taste it first, and then add some condiments.

Chief Sanchez danced to a little salsa, clearly not encumbered by all the rich Menduo!

I begged each of the restaurants to give me just a small sample – I had 12 of these to get through! But they all loaded me up, and of course, the home-made soft, warm tortillas (which I cannot resist) were not helping my cause. 6 bowls in, I was too full to continue. My partner, a determined Menudo enthusiast who’d arrived in a fairly famished state, was overwhelmed by his 7th bowl. He carried his 8th around for a while, nursing it along, but finally gave up the ghost. I was feeling for the judges, one of whom was Chief Sanchez. How’d they make it through 12???

I hugged Adrian as I was leaving. He was one happy beat officer. The First Annual Menudo Festival was a raging success. All the beat cops and Explorers had worked really hard to pull it off. They were tired, but happy.

We’ll definitely do it again next year,” he grinned.

El Bajio, an excellent tacqueria on Milaps St and an Eastside home-team, was judged to be the best Menudo in Santa Barbara. Congratulations to Santos Guzman, and his daughter Alicia!

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When Green Is Not So Golden

Milpas on the Move by Sharon Byrne. This one’s dedicated to El-Smurfo.

Last week, I popped in to see the manager at the Chapala Market on Milpas with Pablo, our new Community Service Liaison from the Police Department. The manager complained the green box on his property was causing a lot of problems. It ate up the sidewalk in the parking lot, and people were scattering clothes all over.

What green box? Who put it there?

The manager said some guy turned up with a big metal clothing donations box and said the city permitted him to put it there. He made it sound like a city mandate. Who was the humble Chapala Market manager to argue with the great-and-powerful city? But now it was causing him a lot of grief. Could the city please remove it?

Pablo and I looked at each other. The Chapala Market parking lot is private property. It’s true that our city does extend tremendous reach over what we can do with our private property. You can’t trim certain trees on your property without checking in with Parks and Recreation and the urban arborist. You can’t add a bathroom to your home without getting all your neighbors to sign off. Just one miscreant dissenter can kill off your hoped-for lavatory, I hear.

But the city doesn’t mandate the placement of big green metal clothing collection boxes on your property.

We checked out the box in the parking lot…

I’d never heard of ‘Gaia Movement.” I wrote down the phone number on the box, and told the Chapala Market manager I’d check into getting it removed.

Back at my desk, I looked up Gaia Movement. Their website was feel-good stuff: collect gently used clothing and sell it to thrift stores. The funds go to support local and international environment projects.

A check with the Better Business Bureau revealed GAIA failed the non-profit test because “according to the organization’s audited financial statements for the fiscal year ended December 31, 2007, it spent 1% of its total expenses ($1,140,881) on program service activities.” According to the American Philanthropic Society, a charity watchdog group, Gaia-Movement has an “F” rating.

It took the boxes a while to get out here. They started in the northeast, and spread to Chicago, according to several articles. The clothes and shoes dropped into the boxes are not given away, like most givers would expect. They are sold, depriving local charities of donations of clothing that could help their community. Sometimes the company doesn’t bother with the ‘city permit’ ruse – big metal boxes just mysteriously show up outside unsuspecting businesses.

Gaia Movement recently built a $10m retreat in Mexico. There’s a lot of profit in used clothing, apparently.

Gaia Movement was founded by Tvind, a cultish group in Denmark. The boxes have changed labels a few times: PlanetAid, Campus California, etc, but the scam is worldwide. Tvind’s high-ranking members are under criminal investigation in Europe for embezzlement, tax evasion, and money laundering schemes.

And now their boxes are in Santa Barbara, the home of Earth Day, land of supreme enviro-consciousness.

I called the number on the box, and of course went straight to voice mail, no legitimate non-profit manager handy. I left a message with the box location, and stated they have 24 hours to remove it, or go hunt for it in its new home in the landfill.

(Note to real environmentalists: No, I wasn’t really going to put it in the landfill. That thing is near capacity, I know. But THEY don’t know that. I figured those big metal boxes cost a pretty penny, and they’d rather not lose their investment. If they refused to remove it, I’d have given the clothes to a local charity, and recycled the box for scrap metal. But it didn’t get to that point – read on…)

I got an immediate call back from a guy in Bakersfield. He had no idea how it got there, how they pick sites for placement, or why they lie to businesses by telling them the city permits them to put a box there.
He’s just a driver, and his boss told him to call. Where’s the box, again?

They removed it the next day. This is the second time this has happened on Milpas. Joe from Santa Barbara Kitchens took care of the last mysterious box, using pretty much the same tactic.

I emailed the mayor and city attorney about it. If companies are using the city’s clout to intimidate businesses in a scam, I figured the city ought to know about it.

Net: just because it’s labeled ‘green’ doesn’t automatically mean it’s golden.

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Encampments

Milpas on the Move column by Sharon Byrne as featured in the Santa Barbara Sentinel

Roger, world-famous EdHat Scanner Guy and neighborhood-watcher extraordinaire, contacted me about drinking, late-night yelling, and other fouls behind 211 S Milpas. Panderia Veronica, at the front of the property, reported significant panhandling outside their front door beginning at 6 AM.

I checked out the site, and found a new encampment on Caltrans’ property at the rear. I contacted CHP, as they have jurisdiction over Caltrans’ property, and cc’d Councilmember White. Lower Milpas is Officer Wojciechoski’s (Wojo, for short) beat. He was organizing an encampment clean-out at the railroad tracks, and 211 was a block up the street. He’d knock out both, in a Herculean effort.

Wojo and Gutierrez meet a neighbor at 211 S Milpas encampment site.

I arrived just after 8 AM Saturday behind 211 S Milpas to find Officers Wojo and Gutierrez (the Eastside’s much-beloved neighborhood cop) already working. They’d rousted the transient campers. Caltrans and the city’s Streets Division were clearing the encampment with SWAP (Sheriff’s Work Alternative Program).

Martin Sanchez from Caltrans reported they’d found a full bucket serving as a toilet. SWAP bagged up a slew of Trader Joe’s breads, still in wrappers. Trader Joe’s donates food weekly to homeless shelters. The aggregated donations are routinely ripped open and rifled through by homeless, a constant insult to injury, as the edges of Trader Joe’s parking lot are the most heavily panhandled on the corridor. The food donations are an attempt to curb that, if you read the small signs at those same edges.

The residents upstairs at 211 reported camping in the elevator area at the rear, but felt sorry for the campers, and let them stay there.

Then it got out of control.

First lesson: what you tolerate, you get more of. Two campers becomes four, then eight. Then you end up with Party Foul Central. Stop before it goes there.

Second lesson: Loitering and panhandling are legal on public property. However, on private property, those activities are trespassing. So is camping.

From a round-robin of the neighbors, I pieced together the encampment crowd’s routine. Up at the crack of dawn, they’d panhandle in front of the Panderia, buy booze, and amble down to the beach. The Batting Cages reported new intoxicated and aggressive men in the area. They were nervous about asking them to leave.

Third lesson: Be careful in approaching when you’re not familiar with the individuals trespassing, and/or they’re clearly abusing substances. Best bet: call the police.

The drinking crew would later head back to the encampment and get cronked. Late night, the neighbors heard yelling, glass breaking, and other raucous sounds, and woke up to guys sleeping and peeing in the elevator alcove and around the dumpster.

They didn’t call the police. The residents on the adjacent property called.

Encampment S. Milpas

It’s clear why this became such a problem spot so quickly. Nobody knew their rights and their responsibilities here.

Fourth lesson: See first lesson. When you let it get out of hand, the city, county and state have to deal with it = taxpayers. Save us all some money. Nip it in the bud.

I advised the Panderia that panhandling and loitering are illegal on private property, which they are sitting on. They need to call the police when it happens. They shook their heads, concerned their customers will think they are mean for running off panhandlers.

Fifth lesson: Final ingredient in the perfect storm recipe: allow panhandling on your property out of some misguided sense of charity. Panderia’s early-morning customers (some of whom might have actually experienced true poverty in their lives) gave money to the drinking crew hovering at the door because they felt sorry for them. Many early-morning Panderia customers are immigrants who work hard for their pay. They gave with sincere hearts, believing they were helping someone in real need. But their donations funded these clowns drinking all day. One wonders if they knew, would they still hand their hard-earned money over?

Would you?

At the railroad tracks encampment, Officers Gutierrez and Wojo cut back the heavy brush that provides concealment. Eliseo Campos (Streets Division) and the SWAP team bagged up reams of trash.

We posted no trespassing signs and contacted the property owners to encourage them to get their tenants to call the police for problems.

Cleaning out encampments costs a pretty nickel in government resources: labor plus trash hauling, storage costs for blankets and personal items (court-mandated) and disposal. One clean-out generated 3 tons of waste. Cleared encampments are often immediately re-occupied, much to Caltrans’ despair, and ours.

Lest you be tempted to think this is a Milpas-only problem, there are encampments off the Castillo, Garden, 154, and Olive Mill exits too.

People say that if the city and state quit making life so comfortable for law-breakers, we wouldn’t have these problems. Agreed, but we citizens have responsibility too. What we tolerate, we get more of: illegal camping, panhandling, public inebriation, taunting, public urination – why put up with it? Let them know that behavior is not acceptable, direct them to a shelter, call the police, etc.

Allowing them to carry on as they wish should not be an option.

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