Title
Recommendation to Receive an Update on City of Alameda’s Approach to Preventing and Enforcing Unpermitted Sideshow and Car Show Events at Alameda Point and to Provide Direction to Return to City Council with a Public Hearing to Consider Authorizing Future Purchase and Use of Uncrewed Aerial Systems (Drones) for Sideshow and Other Critical Incident Response and Enforcement.
In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Sections 15301 and 15321.
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
Alameda Point attracts unsanctioned car shows events that often include hundreds of vehicles and large crowds of spectators, including several events over the last six months that drew hundreds of people. These large-scale activities present public safety challenges that impact the quality of life of the community, including reckless driving, excessive noise and trash, property damage, adverse impacts to adjacent businesses, traffic congestion, air quality and biological concerns, and adverse service and fiscal impacts associated with redirecting City of Alameda (City) resources to intervene and enforce these issues.
As a result of these unpermitted sideshow events, an inter-departmental team of City staff from the Public Works Department, Base Reuse and Economic Development, and Alameda Police Departments (APD), along with the City Manager’s Office developed an approach to preventing and enforcing sideshow events. These efforts include: (1) installing fencing and gates in the south of Alameda Point along West Hornet Avenue, West Ticonderoga Avenue, and Ferry Point, and temporary asphalt curb in the western areas of Alameda Point along portions of West Tower Avenue, Monarch Street and West Midway Avenue (Exhibits 1 and 2); (2) APD conducting pre-intelligence and prevention efforts; and (3) APD performing strategic and targeted intervention and enforcement to mitigate and minimize existing events and deter future sideshow activities.
As part of the City’s enforcement approach, APD explored the use of technology, and believes that the use of drones for monitoring sideshows will allow APD to collect information about the event for strategic enforcement responses without jeopardizing the safety of officers. As a result, City staff are recommending that City Council provide direction to return to City Council with a public hearing, including a First Reading of an ordinance consistent with AB481 (approval of a Military Equipment Use Policy and report), to authorize the purchase and use of two drones (possibly from Axon Air) for sideshow and other critical incidents in the City (as described in Exhibit 3), along with adopting a use policy that addresses privacy concerns consistent with American Civil Liberties Union (ACLU) best practices (Exhibit 4).
BACKGROUND
Due primarily to its large open areas, Alameda Point attracts unpermitted sideshow and car show events that often include hundreds of vehicles and large crowds of spectators, including several unpermitted events over the last six months that drew hundreds of people. When these events occurred several years ago along the western edge of the Seaplane Lagoon, City staff made a number of physical design changes to that wide open space that eliminated sideshows in that area.
In the last six months, sideshow events started occurring again in the open parking lots and street areas near the USS Hornet Museum along West Hornet Avenue and Ferry Point in the southern area of Alameda Point and at the intersection of Monarch Street and West Tower Avenue in the western part of the former base. City staff also have concerns about the potential for sideshow events along West Midway Avenue between Monarch Street and Lexington Street given the broad width of the street right-of-way and reckless driving complaints that occurred many years ago at this location. Physical design changes to address these areas are further described below.
These large-scale events present numerous public safety challenges that impact the quality of life of the community and generate a significant number of public complaints, such as reckless and unsafe driving on public streets, excessive noise and trash, property damage, negative impacts to adjacent businesses, traffic congestion, air quality and biological concerns, and adverse service and fiscal impacts associated with redirecting City resources to intervene and enforce these issues. Vehicles participating in reckless driving behavior at these events are particularly concerning as these dangerous behaviors can cause harm to the driver, present significant risk to pedestrian spectators, and cause damage to surrounding structures. Controlling and intervening with large crowds also has an inherent risk to first responders.
As a result of these unpermitted events, an inter-departmental team of City staff from Public Works, Base Reuse and Economic Development, APD and the City Manager’s Office developed an approach to preventing and enforcing sideshow events outlined in greater detail in the following section. Additionally, given the substantial risk for police officers to enforce these types of unpermitted events by entering and engaging large crowds to cite drivers, impound vehicles and/or collect evidence, City staff recommend the future purchase and use of Drones to help safely enforce and deter these dangerous sideshow occurrences, as well as respond to and enforce other critical incidents occurring throughout the City.
DISCUSSION
The following section provides: (1) an update on the City’s current approach to preventing and enforcing unauthorized sideshow events at Alameda, and (2) a discussion on staff’s recommendation for the future purchase and use drones to respond to and enforce sideshows, as well as other critical incidents in the City.
I. Update on City Approach to Sideshow Events at Alameda Point
An inter-departmental City staff team is currently implementing a multi-faceted approach to preventing and enforcing unpermitted sideshow events, including modifying the physical environment to reduce large open areas at Alameda Point to make it a less attractive location for these events, and strategically deploying APD resources to prevent and enforce these occurrences.
Prevention
The City has implemented or is in the process of implementing the following actions to prevent sideshows at Alameda Point:
• Fencing and Gates in Southern Part of Alameda Point (Portions of West Hornet Avenue and Ferry Point). To deter sideshows and other unsafe driving activity in the off-street lot and on the streets near Ferry Point and West Hornet Avenue, the City has installed lockable gates and bollards with chains which can be closed to restrict vehicular traffic. Additionally, the City will be installing new fencing to restrict access to the parking lot from Ferry Point and West Ticonderoga Avenue. This work will be completed by the end of April. See Exhibit 1.
• Temporary Asphalt Curbs in Western Part of Alameda Point (Portions of West Tower Avenue, Monarch Street, and West Midway Avenue). In advance of the ultimate roadway construction proposed for the Adaptive Reuse Area consistent with the Master Infrastructure Plan for Alameda Point, Public Works staff is planning to install a temporary asphalt curb at certain key locations that will narrow and better define travel lanes and reduce the size of street intersections, particularly at West Tower Avenue at Monarch Street where a couple of recent unsanctioned automobile events recently occurred (Exhibit 2). The narrower roadway will also calm traffic, reduce pedestrian crossing distances and better delineate public roadway from private property. The temporary asphalt curb will remain in place until the final backbone improvements are installed. See Figure 1 for an example of a temporary asphalt curb.
Figure 1. Temporary Asphalt Curb
As depicted on Exhibit 2, the temporary asphalt curb will be installed on West Tower Avenue from Saratoga to Monarch Street, West Midway Avenue from Lexington Street to Monarch Street, and along the southern 500 feet of Monarch Street. Staff are coordinating with the Navy and tenants for the location of driveways and will maintain access to existing parking. Additional asphalt curbing can be installed in future phases to further limit open areas on Alameda Point as needed.
• Pre-Event Intelligence and APD Prevention Efforts. As part of the City’s efforts to prevent unsanctioned car shows, APD actively conducts searches and other confidential intelligence efforts to find out about an unpermitted event before it occurs. If APD has knowledge of a sideshow event prior to it happening, APD makes efforts to contact the promoters, if possible, and dissuade them from holding the event altogether. Even, if despite best efforts, the event continues to be held, APD can plan more effectively and access additional resources in the hope of stopping the sideshow from growing on the day of the event or creating an incentive for the promoter to cancel the event prematurely, which occurred recently due to APD’s concerted efforts.
While the above initiatives summarize the City’s proactive prevention efforts, there are instances when sideshows occur and require enforcement action. The City’s approach to intervention and enforcement is summarized below.
Intervention and Enforcement
If APD becomes aware of an unpermitted event in advance, APD assigns a sideshow enforcement detail on overtime to conduct enforcement. APD has partnered with local agencies (i.e., California Highway Patrol and East Bay Regional Park Police) and they assisted, depending on their availability. Enforcement activity includes citing people for reckless driving and other related crimes, and vehicle seizures. As described above, this pre-planned enforcement can mitigate the growth and escalation of an event and in some instances, lead to the pre-mature cancelation of a sideshow. APD also used undercover officers to monitor the activity and gain evidence that assist with enforcement at a later date, such as impounding vehicles engaged in dangerous sideshow activities. In a limited number of cases, APD has identified the name and address of the promoter and has proactively billed them for the cost of public safety resources, which resulted once in arranging a plan for repayment of the cost.
If APD becomes aware of an event after it commenced, APD pulls on-duty personnel from their primary patrol duties to engage in enforcement activities. Due to the high risks associated with crowd management/control at these events, APD is relegated to peripheral enforcement activities. While this helps to mitigate escalating circumstances and more serious crimes, the true impact and ability to intervene and “break up” a sideshow assembly is limited. As part of the City’s enforcement approach, APD explored the use of technology to improve the effectiveness of enforcement and ultimately deter future events. APD recommends the use of drones to monitor sideshows which allows APD to collect information about the events for strategic enforcement responses without jeopardizing the safety of officers. As a result, City staff recommends that City Council direct staff to return at a future Public Hearing to authorize the purchase and use of drones for enforcement of sideshows and other critical incidents in the City, as described in greater detail below.
II. Request for Direction to Return with Public Hearing and Ordinance Potentially Authorizing Use Drones for Enforcement of Sideshows and Other Critical Incidents
APD proposes to purchase and use two drones (potentially Axon Air Skydio X10) for sideshow and other critical incidents in the City (see attached Exhibit 3 for an example of drone specifications), along with adopting a use policy that addresses privacy concerns consistent with ACLU best practices (Exhibit 4). Law enforcement agencies consider drones an important tool to provide situational awareness, reduce risk to law enforcement officers and de-escalate potentially dangerous situations. For sideshows, the drones will allow APD officers to compile necessary data to assess situations and collect evidence for subsequent enforcement to deter future events. Multiple agencies in Alameda County maintain drone programs as part of their law enforcement efforts, including the following: Alameda County Sheriff’s Office, Fremont Police Department, Hayward Police Department, Newark Police Department, Oakland Police Department, San Leandro Police Department, and Union City Police Department. In a few instances, these agencies have previously loaned APD drones for use in critical incidents.
Past alternatives to providing aerial situational awareness included police helicopters and/or fixed wing aircraft deployed above an incident, which are highly resource-intensive and slow to deploy. Drones provide many of the same benefits with much less cost, environmental impact, and training, and are much faster to deploy. Equally important, drones have the unique ability to allow two-way voice and visual communication with an individual without having an officer physically present with the individual. This can aid in de-escalating conflicts with hidden armed subjects, locating and communicating with subjects in distress in the water, diagramming severe or fatal traffic collisions, and other types of incidents.
As part of the recommendation to purchase and use drones, APD is committed to safeguarding and respecting the privacy of the community by adopting an Uncrewed Aerial System (UAS) Operations Policy (Drone Policy) consistent with ACLU guidance (Exhibit 4). As a preview before the formal public hearing, if directed by Council, a summary of the key components of the draft Drone Policy are provided below:
1. Allowed Use of Drones:
• UAS technology will be used in accordance with FAA regulations.
• The operator shall announce the deployment of a UAS via the radio. A supervisor and/or commander shall approve or deny the deployment.
• Only authorized operators who have completed the required training shall be permitted to deploy a UAS in the following circumstances.
• Public safety and life preservation missions, including, barricaded suspects, hostage situations, active shooters, apprehension of armed and dangerous fleeing suspects, and high-risk search warrants.
• All felony crimes.
• Violent misdemeanors.
• Operational planning (search/arrest warrant service).
• Unpermitted car shows and/or sideshow activity.
• Riots
• Mass casualty events.
• Lost or missing persons.
• Rescue events.
• Disaster response and recovery.
• Suspected explosive devices.
• Fire suppression or investigation.
• Hazardous material releases.
• Post-incident crime scene preservation and documentation.
• Pursuant to a search warrant.
• Special events where there is intelligence that there is risk to public safety.
• When there is probable cause to believe that the UAS will record images of a place, thing, condition, or event and that those images tend to show a felony has been committed or tends to show that a particular person has committed a felony.
• Anti-drone operations when a person is operating a drone in a manner that impedes emergency personnel who, in the course of their duties, are coping with an emergency (refer to Penal Code § 402(a)1).
• Training missions.
• In support of the Alameda Fire Department when the underlying mission meets the uses outlined in this policy.
• Mutual Aid support when the underlying mission meets the uses outlined in this policy.
• Exigent circumstances, only with supervisory and/or command approval. A risk management memo shall be completed by the commander and forwarded through the chain of command to include the circumstances (outside of the above list) that led to the authorization and use of the UAS technology.
2. Prohibited Use. The UAS video surveillance equipment shall not be weaponized or equipped with facial recognition technology nor shall it be used:
a. For any activity not defined in the Policy.
b. To conduct random surveillance activities.
c. To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability.
d. To harass, intimidate, or discriminate against any individual or group.
e. To conduct personal business of any type.
3. Authorized Personnel. Only authorized operators who have completed the required training shall be permitted to deploy a drone.
4. Federal Regulations. Drone technology will be used in accordance with Federal Aviation Administration regulations and United States Fish and Wildlife Service approval consistent with the Biological Opinion for Alameda Point.
5. Approval and Oversight. The drone operator shall announce the deployment of a drone via the radio. A supervisor and/or commander shall approve or deny the deployment.
Additionally, APD consulted with numerous community stakeholders in exploring the potential use of drones and preparing the Drone Policy, including four community meetings, consultation with Secure Justice, a civilian oversight organization focused on policy development for surveillance technologies, and Alameda Point and Harbor Bay businesses.
In addition, drones fall under the AB481 and Government Code § 7070 definitions of military equipment. Their use, recording, and reporting would also fall under the existing APD Policy 709 relevant to AB481. Consistent with AB481, the draft Drone Policy was posted on April 15, 2024 for a 30-day comment period, another community engagement meeting will be held on April 30, 2024, and, if directed by the Council this evening, a public hearing, including introduction for First Reading of an ordinance approving the use of drones and the associated Drone Policy will be brought to the City Council on May 21, 2024. If approved by City Council, the ordinance will return to City Council for final passage on June 4, 2024. Subsequently, APD will hold annual meetings to address concerns on their use and deployment and publish an annual report documenting the use of drone equipment.
ALTERNATIVES
• Receive update on City’s approach to preventing and enforcing unpermitted sideshow events at Alameda Point and provide direction to return to Council with a public hearing, including a First Reading of an Ordinance to authorize future purchase and use of drones for sideshow and other critical incident response and enforcement.
• Receive update on City’s approach to preventing and enforcing unpermitted sideshow events at Alameda Point and direct staff to take no further actions to facilitate the future purchase and use of drones for sideshow and other critical incident response and enforcement.
• Receive update on City’s approach to preventing and enforcing unpermitted sideshow events at Alameda Point and provide alternative direction regarding the purchase and use of drones.
FINANCIAL IMPACT
The cost of installing fencing, gates, and temporary asphalt curbs at Alameda Point is included in existing Alameda Point budgets and the purchase of Axon Air drones, if approved at a future City Council meeting, will likely be funded from the existing already approved APD budget, which could include all acquisition, training, and licensing costs for up to five years. Although staff will present more detailed costing information, if directed to return with this item on May 21, 2024, two drones are preliminarily estimated to cost approximately $144,000 over a five year term.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This agenda item is in support of the Strategic Priority, “Enhance Community Safety & Services.”
ENVIRONMENTAL REVIEW
Receiving an update from staff is not a “project” requiring environmental review under CEQA. The placement of fencing, gates and temporary asphalt curbs is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301, Minor Changes to Existing Facilities, and the purchase and use of drones by APD is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15321, Enforcement Actions by Regulatory Agencies.
CLIMATE IMPACT
Reducing automobile-related events at Alameda Point will reduce vehicle emissions and promote safe multi-modal travel, which reduces potential climate impacts.
RECOMMENDATION
Recommendation to receive an update on City of Alameda’s approach to preventing and enforcing unpermitted sideshow and car show events at Alameda Point and to provide direction to return to City Council with a public hearing to consider authorizing the future purchase and use of drones for sideshow and other critical incident response and enforcement.
Respectfully submitted,
Jennifer Ott, City Manager
Nishant Joshi, Chief of Police
Erin Smith, Public Works Director
Abigail Thorne-Lyman, Base Reuse and Economic Development Director
Exhibits:
1. Diagram and Photos of Fencing and Gates in Southern Part of Alameda Point (Portions of West Hornet Avenue and Ferry Point)
2. Diagram of Temporary Asphalt Curbs in Western Part of Alameda Point (Portions of West Tower Avenue, Monarch Street, and West Midway Avenue)
3. Axon Air Skydio X10 Drone Specification
4. Draft Uncrewed Aerial System (Drones) Operations Policy