Wednesday, September 15, 2021

HERE IN MESA: City Officials Planning on More Creepy Surveillance: Real Time Crime Center [RTCC]...Really?

Controversial almost everywhere, Katya Schwenk, former staff member for the award-winning independent VT Digger, finally spotlighted these plans that flew under-the-radar in a contract award up in front of the Mesa Council back in June, almost three months ago.

In Mesa, Millions of Covid Relief Funds Will Go To High-Tech Police Surveillance

Here's glance at her report in Phoenix New Times today:
(Image inserted is taken from an earlier post on this blog 

A police analyst sits at a workstation in front of a wall of video monitors.

 
Phoenix New Times: 
 
> Currently, $3.3 million of the $52 million Mesa received in the American Rescue Plan Act (ARPA) earlier this year is earmarked for the center.
> (The city will still have to foot the bill for staffing and remodeling, without the help of the relief money.) City leaders say they hope to have the system up and running by December.
 
"It’ll be very high tech,” deputy city manager Michael Kennington promised the city council at an August 26 meeting.
Mesa’s mayor, John Giles, has since greenlit the proposal. . .
> “Police departments have seen [the grant money] as a way to pay for all of the fancy technology and equipment they’ve always wanted, but never had a reason or the funding to get,” said Matthew Guariglia, a policy analyst at the Electronic Frontier Foundation, an organization that monitors law enforcement surveillance. . .
 
> Mesa, whose police department boasts that its crime rate has dropped to "the lowest in recorded history," received a $52 million ARPA grant in May. . .The $3.3 million dedicated to the real-time crime center comes out of the pool of $8 million that is meant for "public health." Public safety payroll was eligible for CARES Act funds, while other areas of city government were not. 
 
Andre Miller, a pastor and longtime civil rights advocate in Mesa, told Phoenix New Times he found the budget increase to be “obscene."
"The funds were meant to assist citizens of the city of Mesa," he said, adding that he was frustrated by the city's recurring investments in law enforcement over community or social services.
 
According to the Atlas of Surveillance, which tracks such centers across the country, there is currently only one other real-time crime center in Arizona, at the Tucson police department.
 
Mesa’s planned expenditures on its project, too, are notably high: Atlanta, which is roughly the same size as Mesa, spent just over a million on its center. Other cities, according to one report, spend far less.

“Because they're expensive, because they’re big, there's a long history of departments doing anything they can to pay for them and for the technology to fill them up,” Guariglia explained. Some departments have even used private donors or corporate sponsors.
Then, "they link up to as much surveillance as the department has."
 
> Mesa police chief Ken Cost replied that the policy was “being developed right now.”
> (In an email to New Times, Kennington clarified that the city already follows federal privacy guidelines on privacy and “will continue to follow these guidelines.”)
 

He said he thought that the city had sought little buy-in from residents before allocating the money against "the spirit of what it's meant to be."
 
Mesa would disagree. Kennington says that the city's plans follow federal guidance to bolster public safety with the relief funds: "The Real Time Crime Center does that," he wrote.

But critics argue that the definition is narrow: "Public safety encompasses a lot more," Miller said. 

As Guariglia put it: "There's no way to police yourself out of a pandemic. And there's certainly no way to surveil yourself out of a pandemic."

 So far, there has been little dissent from the council or the mayor regarding the proposal.
READ MORE >
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On agenda:

6/21/2021
Title: Five-Year Term Contract for the Purchase of Axon Flex On-Body Camera Equipment, Supplies and Evidence.com Storage and Controlled Electrical Weapon Equipment and Supplies for the Mesa Police Department (Replacements/Upgrades) (Sole Source) (Citywide) The Police Department began using Axon Flex On-Body Cameras (OBCs) in 2012 and using Controlled Electrical Weapon (CEW) equipment in 2011. In addition to hardware, the Police Department purchased five years of secure cloud data storage through Evidence.com. This contract includes an Axon refresh plan for OBCs and docks, which will cycle to the most current format every 2.5 years. Also, regarding CEWs, a warranty is included which covers the devices for the entirety of the contract. These provisions will ensure that program costs are evenly dispersed, the program can be sufficiently maintained, and will be financially supported for the foreseeable future without the need to purchase any replacement devices or docks which may get damaged...
Attachments: 1. Council Report

MESA CITY COUNCIL STUDY SESSION Thu 09.16.2021 > Meeting Details for Mon 09.20.2021

The Game of Clue
To Participate in Your Government - there's a few hurdles to jump over

PARTICIPATING AND ATTENDING MEETINGS
The public is welcome and encouraged to speak at City Council regular meetings on an agenda item or on an issue that is not specifically on the agenda during “Items from Citizens Present.” 
The public may attend and participate in person, electronically, and telephonically. 
 
Speakers will generally be given three minutes. 
 

Online Meeting Comment Card

City Council Meeting public comment card


City Council Meeting comments ONLY


 

Please use the below links if you would like to provide comments for:

Council Board or Committee

Advisory Board Meeting, you must visit the individual Board's web page for their specific comment card

Planning & Zoning Card HERE

Must be completed at least 1 hour prior to start of the meeting.

View Meeting Agendas

________________________________________________________________________________

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IN PERSON COMMENT: Submit a blue speaker/comment card to the City Clerk prior to the meeting. 
You have the choice to have your comments read aloud or to speak.
If you choose to speak, your name will be called, and you will be asked to address Council at the lectern. 
TELEPHONE COMMENT: Submit an online comment card at least one hour prior to the meeting by going to Mesaaz.gov/bluecard. 
At the start of the meeting, call 888-788-0099 or 877-853-5247 (toll free) using meeting ID 5301232921 and follow the prompts.
You will be prompted to unmute your line when it is time for you to speak. 
ELECTRONIC COMMENT: Submit an online comment card at least one hour prior to the start of the meeting by going to Mesaaz.gov/bluecard. 
The comment will be read during the live meeting which can be watched on local cable Mesa Channel 11 or online at www.Mesa11.com/live or https://www.facebook.com/CityofMesa
For help with the online comment card or for any technical difficulties, please call (480) 644-2099.
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STUDY?
MEETING DETAILS: 18 AGENDA ITEMS
Item 3-a $200,000 for Uniform Rentals - 300 City Employees
Item 3-e $2,673,292.50 for Streetlight Monitoring Systems
Item 3-f $1,520,000 for LED Streetlight Fixtures
Item 4-e $1,420,000 for what?
Resolution 4-e
File #: 21-0945   
Type: Resolution Status: Agenda Ready
In control: City Council
On agenda: 9/20/2021
Title: Approving and authorizing the sale of certain City-owned real property located at the northwest corner of North Recker Road and East Adobe Road (APN: 141-78-820) to Kinwell Development, LLC., for the sale price of $435,000. (District 5)
Attachments: 1. Council Report, 2. Detail Map, 3. Vicinity Map, 4. Resolution
 
Resolution 4-f $6,900,00
GrizzledFrayedLarva-max-1mb.gif
File #: 21-0969   
Type: Resolution Status: Agenda Ready
In control: City Council
On agenda: 9/20/2021
Title: Approving and authorizing the sale of certain City-owned real property located near the northeast corner of North Stapley Drive and East Main Street (1240 East Main Street) to Country Creek Multifamily, LLC., for the sale price of $6,900,000. (District 4)
Attachments: 1. Council Report, 2. Vicinity Map, 3. Detail Map, 4. Resolution and Exhibit A
 
 
Meeting Name: City Council Agenda status: Tentative
Meeting date/time: 9/20/2021 5:45 PM Minutes status: Draft  
Meeting location: Council Chambers
Published agenda: Agenda Agenda Published minutes: Not available  
Meeting video:  
Attachments:
File #Agenda #TypeTitleActionResultAction Details
21-0899 2MinutesApproval of minutes of previous meetings as written.  Not available
21-0933 3-aContractThree-Year Term Contract with Two Years of Renewal Options for Employee Uniform Garment Rental and Related Items for Citywide Departments (Citywide) This contract provides uniform garment rental for approximately 300 City employees from Mesa Fire and Medical, Parks Recreation and Community Facilities, Transportation, Fleet Services, Water Resources, Energy Resources, and DoIT Communications. An evaluation committee recommends awarding the contract to the highest scored and lowest cost proposal from Unifirst Corporation, at $200,000 annually, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index.  Not available
21-0935 3-bContractUse of a Cooperative Contract for the purchase of Computer Server Equipment (Replacement) for the Department of Innovation and Technology (Citywide) This purchase will provide new Computer Server Equipment to replace aging hardware that runs critical citywide applications and services. The purchase is part of the City's Lifecycle Management Program to replace hardware that has reached the end of its useful life. The Department of Innovation and Technology and Purchasing recommend authorizing the purchase using the Mohave Cooperative cooperative contract with Sterling Computer Corporation, at $271,828.38.  Not available
21-0936 3-cContractOne-Year Renewal to the Term Contract for Commercial Grade Fitness Equipment for the Mesa Fire and Medical Department (MFMD), Parks Recreation and Community Facilities (PRCF), and Other Departments (Citywide) This contract provides commercial grade fitness equipment such as treadmills, elliptical/cross trainers, stationary and recumbent bikes, leg extension machines, Olympic straight bars, plyometric stands, and other cardio and strength fitness equipment. PRCF will be purchasing new equipment for Eagles Park and replacement equipment for the Red Mountain Multi-Generational Center, and MFMD will be purchasing equipment for the new Fire Station 221. Other departments may purchase replacement equipment as-needed. Mesa Fire and Medical Department, Parks Recreation and Community Facilities, and Purchasing recommend authorizing the renewal with Fitness 4 Home Superstore, Inc., dba Commercial Fitness Superstore, at $145,000 annually, based on estimated usage.  Not available
21-0934 3-dContractUse of a Cooperative Contract to Purchase One Brush Chipper (Replacement) for the Transportation Department (Citywide) This purchase will provide one 2022 Vermeer BS1500 Brush Chipper for use by the Transportation Department right of way crews. The purchase replaces an existing brush chipper identified for replacement by the Fleet Services and Transportation Departments. The Fleet Services and Transportation Departments and Purchasing recommend authorizing the purchase using the Sourcewell (State of Minnesota) cooperative contract with Vermeer Manufacturing Company. dba Vermeer Corporation, at $73,044.35. This purchase is funded the Local Streets Fund.  Not available
21-0937 3-eContractDollar-Limit Increase to the Term Contract for the Streetlight Monitoring System for the Transportation Department (Sole Source) (Citywide) Philips City Touch is a lighting management system for public lighting in support of Mesa's Smart Cities Initiative. The dollar-limit increase is needed to add a CDBG funded project to install and upgrade streetlights in specific, qualifying areas. The Transportation Department and Purchasing recommend increasing the dollar-limit with the sole source vendor, Arizona Electrical Distributors (a Mesa business), by $510,000.00 from $2,163,292.50 to $2,673,292.50 annually, with an annual increase allowance of up to 5%, or the adjusted Producer Price Index. The increase is funded by CDBG funds.  Not available
21-0938 3-fContractDollar-Limit Increase to the Term Contract for LED Streetlight Fixtures for the Transportation Department (Citywide) This contract for LED streetlight fixtures is a primary means for the City's LED conversion project and replacement of failed streetlights by providing roadway luminaires for the City's local, collector, and major roadways. The dollar-limit increase is funded by CDBG funds and needed to add a CDBG-funded project to install and upgrade streetlights in specific, qualifying areas. The Transportation Department and Purchasing recommend increasing the dollar-limit with Wesco Distribution, Inc., dba Brown Wholesale and Wesco International, Inc., by $240,000, from $1,280,000 to $1,520,000 annually, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index. The increase is funded by CDBG funds.  Not available
21-0939 3-gContractDollar-Limit Increase to the Term Contract for Emergency and Non-Emergency Response for Unknown, Hazardous and Non-Hazardous Materials for the Environmental Management and Sustainability Department (Citywide) This contract will provide both emergency and non-emergency response for cleanup and disposal of unknown, hazardous, and non-hazardous materials. The increase is needed for upcoming projects and on-going calls for emergency and non-emergency cleanup requests. This year there have been several unusual and costly cleanup requests The Environmental Management and Sustainability Department and Purchasing recommend increasing the dollar-limit with Kary Environmental Services, Inc. (a Mesa business) (Primary), and Environmental Response, Inc. (Secondary), by $45,000 from $105,000 to $150,000 annually, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index.  Not available
21-0943 3-hContractThree-Year Term Contract with Two Years of Renewal Options for Backflow Device Testing, Repair, Reporting, and Related Services for Various City Departments as requested by the Water Resources Department (Citywide) This contract will provide a qualified contractor to perform annual backflow device testing, repair, reporting, installation, and related services to ensure the devices at City facilities are in good working condition and in compliance with the City Code. An evaluation committee recommends awarding the contract to the highest scored and lowest cost proposal from Metro Fire Equipment Inc., at $220,000 annually, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index.  Not available
21-0946 3-iContractFalcon Field Higley Ramp West Reconstruction Project (District 5) Higley Ramp West was constructed in 2001. In 2017, ADOT evaluated the Higley Ramp West pavement and found that routine maintenance is no longer a solution to protect the current pavement and that full removal and replacement is necessary. The project includes full removal and replacement of the existing pavement, as well as removal and replacement of all aircraft tie downs. Staff recommends awarding the contract for this project to the lowest, responsible bidder, Combs Construction Company, Inc., in the amount of $2,831,652 and authorizing a change order allowance in the amount of $283,165 (10%), for a total authorized amount of $3,114,817. This project is funded by the Federal Aviation Administration Grant.  Not available
21-0908 4-aResolutionApproving and authorizing the City Manager to enter into an Intergovernmental Agreement with the Salt River Pima Maricopa Indian Community for the receipt and distribution of $1,420,000 in Proposition 202 Funds. (Citywide) Under this Agreement, $300,000 is awarded to the following City of Mesa programs: Fire and Medical Department, Immunization Program ($100,000); Parks, Recreation and Community Facilities Department, North Center Sports Fields ($90,000); City Manager's Office, Special Projects - Downtown Business Improvement Signage ($35,000), Mesa K-Ready, Kindergarten Readiness Program ($35,000); and Arts and Cultural Department, Mesa Arts Center, Arts in Service ($40,000). The balance of the funds will be distributed to other local community agencies as pass-through grants.  Not available
21-0910 4-bResolutionApproving and authorizing the City Manager to accept Proposition 202 funds from the Gila River Indian Community in the amount of $185,100 and administer awarded funds as pass-through grants to designated awardees. (Citywide) The City of Mesa is awarded $50,100 for the following programs: Mesa Arts Center Creative Aging programming ($30,000 - 2-year grant at $15,000/yr.), and Parks, Recreation and Community Facilities, Fun N Fitness Mobile Recreation Unit ($20,100). The balance of the funds will be distributed to other local community agencies as pass-through grants.  Not available
21-0918 4-cResolutionApproving and authorizing the City Manager to enter into an Agreement with the U.S. Department of Justice, Drug Enforcement Administration (DEA), to assign two Mesa Police officers to the DEA Phoenix Task Force and to receive up to $38,740 in reimbursement from the DEA for the officers’ overtime. (Citywide)  Not available
21-0919 4-dResolutionApproving and authorizing the City Manager to enter into an Award Agreement with the State of Arizona Office of Attorney General to accept $35,522 in grant funds from the FY 2022 Victims’ Rights Program to be used for salaries and benefits of two Victim Notification Clerks at the Police Department’s Mesa Family Advocacy Center. (Citywide)  Not available
21-0945 4-eResolutionApproving and authorizing the sale of certain City-owned real property located at the northwest corner of North Recker Road and East Adobe Road (APN: 141-78-820) to Kinwell Development, LLC., for the sale price of $435,000. (District 5)  Not available
21-0969 4-fResolutionApproving and authorizing the sale of certain City-owned real property located near the northeast corner of North Stapley Drive and East Main Street (1240 East Main Street) to Country Creek Multifamily, LLC., for the sale price of $6,900,000. (District 4)  Not available
21-0927 5-aOrdinanceZON21-00164 (District 5) Within the 5900 block of East Adobe Road (north side) and 800 block of North Recker Road (west side). Located at the northwest corner of Adobe and Recker Road (2.1± acres). Rezone from Single Residence 7 (RS-7) to Multiple Residence 3 (RM-3) with a Planned Area Development Overlay (PAD) and Site Plan Review. This request will allow for a multiple residence development. Reese Anderson, Pew and Lake, PLC, applicant; City of Mesa, owner. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 5-0)  Not available
21-0901 6-aSubdivision Plat“Val Vista Condo” (District 2) Within the 1000 block of South Val Vista Drive (west side). Located north of Southern Avenue on the west side of Val Vista Drive (1.4 ± acres). Chelsea Hughes, EPS Group, applicant; LeSueur Family Investment Group, owner.  Not available

IN ARIZONA: U.S. District Judge Susan Brnovich Declares A Mistrial for Sex Trafficking Case Against Backpage Founders

This a a follow-up to an earlier post from 08 Sept 2021 (reference farther down) 
Insert copy from Techdirt (Images are included from blogger) >
"As we noted recently, the trial of Backpage's founders finally started after years of legal wrangling. However, the judge has already declared a mistrial after the DOJ, in typical DOJ fashion, tried to ignore the judge's warnings against focusing too specifically on the specifics of sex trafficking alleged to have occurred on the site. Specifically, prosecutors repeatedly referred to child sex trafficking, despite the fact that there are no sex trafficking charges in the case (let alone child sex trafficking):

U.S. District Judge Susan Brnovich said that the cumulative effect of the child sex trafficking references made by prosecutors in opening statements and by witnesses for the government “is something that I can’t overlook and will not overlook.”

Before the trial, the judge concluded she would allow evidence showing that people were trafficked using the site, but would not allow prosecutors to linger on the details of the abuse suffered by victims.

“It seemed the government abused that leeway,” Brnovich said. The judge said one government witness testified about being raped more than once, which raises a “whole new emotional response from people.”

This is the thing that always seems to happen with Backpage.

People insist that if they just demonstrate some of the (very real and very terrible) examples of bad stuff that happened, in part, via the platform, they don't have to meet the burden of actually proving the crime at issue happened.

We've seen that repeatedly -- including in the comments to our last post about Backpage and in years of coverage about the company.

 

People highlight bad (really awful) stuff that happened because people abused the platform, and then assume they can just skip all of the important steps regarding pinning the liability on the company (and its founders).

It's depressing, if not surprising, that it was apparently the DOJ's plan to try the same strategy in court, and it's good to see the judge put a stop to it.

Filed Under: doj, james larkin, michael lacey, mistrial
Companies: backpage

 
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RELATED

08 September 2021

Backpage: The Oldest Profession in The World > Consensual Sex Work

Let's go there >

Backpage Founders Trial Finally Begins

from the where-will-it-end? Dept

U.S. Seizes Backpage.com, a Site Accused of Enabling Prostitution - The New  York Times

It's been over three years since Backpage.com was seized (the week before FOSTA was signed into law -- which is notable since every conversation about the need for FOSTA claimed it was because existing laws were useless to stop Backpage). However, in the intervening years we've seen that the loss of Backpage, rather than "protecting" women, seems to have put women at much greater risk. The recent Government Accountability Office (GAO) report highlighted how the loss of Backpage, combined with FOSTA, has made it difficult for law enforcement to track down actual sex traffickers.

As more of the backstory behind the war on Backpage came out, the more ridiculous it looked. The company actually was incredibly helpful in working with law enforcement to track down and stop sex trafficking. The problem came when law enforcement wanted to stop more than actual sex trafficking, and started going after consensual sex work. Backpage pushed back, suggesting that was too far, and that's when the government turned Backpage into being a villain

With the trial beginning, the Daily Beast has as pretty comprehensive and pretty fair article detailing the whole thing, including raising serious questions about what exactly Backpage's founders actually did to deserve this criminal trial . . .

Elon Musk Shocks Entrepreneurs with his Business Wisdom

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NO TIME TO DIE | Worth The Wait

NO TIME TO DIE Trailer – In Cinemas October 2021.