HomeMy WebLinkAbout23 - Analysis of Police Operations - 7-4-2004CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Item Number 23
September 14, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
John Klein, Lieutenant; 644 -3710; jklein @nbpd.org
Bob McDonell, Chief of Police
SUBJECT: Analysis of Police Operations — July 4, 2004
RECOMMENDATION
Review the contents of this report and a short videotape recapping the day's events and
provide staff direction on those areas of focus, if any, Council would like brought back for
possible implementation prior to July 4, 2005.
DISCUSSION
Overview Of Police Activities
Every year since the late 1970's, the Newport Beach Police Department has deployed
virtually all of its resources to deal with crowd and traffic control problems associated
with the July 4`" holiday. In recent years, officers from the California Highway Patrol,
Orange County Sheriff's Department, and various municipal police departments
supplemented Newport Beach officers to provide increased police services to impacted
parts of the City, while maintaining normal or elevated police services in the remaining
areas.
The main objective of our deployment plan is to create a strong presence of uniformed
officers in potential problem areas, with an emphasis on high visibility and deterrence.
The principal elements of this uniform presence are "tactical" and "foot beat" teams,
most consisting of one sergeant and three officers. Tactical teams are mobile and
capable of being assigned to any area where a problem may be developing. Foot beat
teams are assigned to a relatively small, pre- designated area, generally a single street,
and tasked with maintaining order in that area. Beat officers, bicycle officers, motorcycle
officers, transportation officers, helicopter crews, and a variety of non -sworn support
personnel augment these teams.
Experience has taught us that large numbers of people are drawn to the West Newport
area on the Fourth of July. This fact of life has existed for many years and has remained
a reliable assumption in the development of our deployment strategy.
Analysis of Police Operations — July 4, 2003
September 14, 2004
Page 2 of 7
The system of street closures and restricted access to the West Newport area that was
implemented this year is similar to years past, with some additions. It allowed us to
restrict oir most serious crowd problems to a defined area. This helps minimize hazards
to pedestrians that result from vehicles moving through an area heavily congested by
people on foot and/or bicycles.
The actions of the City Council in the enactment of the "Safety Enhancement Zone" and
related changes to the Newport Beach Municipal Code gave us additional tools and
resources to address the dangerous and volatile situations we have encountered in past
years. In addition to the tools associated with the Safety Enhancement Zone, Council
authorized funding for the addition of approximately 60 police officers from other Orange
County police agencies, as well as portable lighting, restrooms, and trash receptacles.
The area of West Newport that has traditionally experienced the greatest number of
crowds, parties, arrests, and problems during past July 4`h holidays was designated as a
Safety Enhancement Zone by Council action. As such, it was also a triple fine zone,
where fines for municipal code violations were three times the amount normally
assessed.
Many of the steps taken in 2003 by the City, Community groups, Community members,
and the Police Department had a positive effect on the activities we experienced this
July 4'h. One of the major changes was the number of uniformed police officers
deployed. With those additional resources from other Orange County police agencies,
we were able to assign a four - officer foot beat to almost every street in the Safety
Enhancement Zone. By doing so, each group had an early "investment in the real
estate" that returned dividends in terms of their ability to prevent and control any
potentially disruptive behavior. With the small area of responsibility for each team, they
were able to make early contact with potential problem houses, advise them of the rules,
seek their cooperation, and monitor their actions throughout the day and evening.
Accordingly, parties that spilled out onto sidewalks and streets were greatly reduced.
Another benefit of increased deployment was that we did not experience large crowds of
200 to 300 people gathering outside parties, which was common in years past. This
year, there were few incidents that required the response of multiple tactical teams and
footbeats to one location, which was also a common occurrence two years ago.
The tripling of the fines for Newport Beach Municipal Code violations that occurred in the
Safety Enhancement Zone also had a positive deterrent effect. Most of the visitors and
residents were well aware (upon their arrival) of the potential for increased fines, and it
was a topic of many conversations between officers and partygoers. This increased
awareness can be attributed to the Police Department's media release of information in
Los Angeles, Orange, Riverside, and San Bernardino Counties, along with the
distribution of hundreds of informational fliers hand - delivered by Police Explorers to
residents in the Safety Enhancement Zone. In addition, most of the rental companies
provided the Department's informational fliers to their short-term renters upon check -in.
Our goal in the pre -event publicity campaign was to use it to our advantage in an effort
to serve as a deterrent to engaging in disruptive behavior, and we believe we enjoyed
some success from that effort. The continued use of lighting, restrooms, and trash
receptacles employed again this year, also received many favorable comments.
Analysis of Police Operations — July 4, 2003
September 14, 2004
Page 3 of 7
The relationships between the Police Department, Community groups, and Community
members that were built or improved upon during the 2003 planning process and
continued this year were evident throughout the day. One particular group where
improved relationships were evident was the resident population under the age of 30
living in the Safety Enhancement Zone. They were generally supportive of the goal of
the City and Police Department, which was to have a safe July 4th holiday. For the most
part, this group went the extra step to control their actions and parties, following many of
the party guidelines or suggestions that were developed in cooperation between this
group and the Police Department.
The parking problems in the Newport Crest community and the medical centers around
Superior Avenue and Hospital Road were addressed again this year. Significantly less
pedestrian traffic was noticed this year coming down Superior hill into the Safety
Enhancement Zone. Apparently, the actions taken in conjunction with the residential and
business community in this area affected a favorable outcome.
Regrettably, these benefits do not come without sacrifice. The residents of the West
Newport area must endure City- imposed street closures and interference with access to
their homes from noon on July 4`h until after midnight. Some residents of the area
stridently object to these restrictions, while others accept them as "making the best of a
bad situation."
While this year's plan produced favorable results, it is not a perfect solution. It is
important to keep in mind this basic fact: there have been large crowds in West Newport
for years, and we can expect large crowds in the foreseeable future. The enhanced plan
that we have implemented for the past two years gave us a more effective means of
preventing riotous behavior and ensuring the public's safety. We think it was a positive
step forward and one that should be maintained for at least the foreseeable future to
ensure the progress made the past two years is not lost. If we are successful in
modifying the tone of the event in future years, we may be able to modify our
deployment plans in a corresponding manner. It is just too early to recommend doing so
after only two years of turning the corner. Nevertheless, it is important to remain open to
new and potentially better approaches. In an effort to address the concerns of the West
Newport residents, we will continue to critically examine our existing plan and explore
alternatives. This issue is further addressed in the "Planning For Next Year" section of
this report.
In general, the crowd this year was smaller than expected, and there were fewer critical
incidents and potential flash points. Although arrests were down from two years ago,
114 arrests were made, up 10 percent from last year. Many of the arrests were for
assaultive behavior. One hundred and fourteen (114) arrests in one 36 -hour period are
still far more than we experience on any other summer weekend. While our actions had
positive effects on the activity within the Safety Enhancement Zone, there are indications
that there was increased activity in the area surrounding the Safety Enhancement Zone,
specifically the area between 24'h and 31st Streets. We must ensure that the attention
focused on the Safety Enhancement Zone does not have the undesired effect of moving
the party environment to a different area of the City.
Analysis of Police Operations — July 4, 2003
September 14, 2004
Page 4 of 7
Enforcement Summary
Beginning in 1998, we established a uniform deployment period for the purpose of
capturing enforcement data from one year to the next. This time frame commences at 6
p.m. on ,July 3rtl and concludes at 6 a.m. on July 5'h. Historically, most of our July 4'h
problems, occur during this time period, regardless of which day of the week July 4th falls.
Along with enforcement statistics for this year, I have included information from the past
four years for comparison purposes.
ARREST S
Felony
Misdemeanor
2004
17
97
2003
10
93
2002
14
148
2001
17
176
2000
19
137
TOTAL
114
103
162
193
156
CITATIONS
B & P'
80
69
110
92
80
H & S'
0
17
11
5
1
Muni Code
329
307
341
366
344
Vehicle Code
149
108
171
178
169
Misc
1
1
0
1
9
Parkes
707
722
711
667
753
TOTAL
1266
1224
1344
1309
1356
DISTURBANCE ADVISEMENTS
52
36
35
42
33
ADMIN CITES"
253
231
169
67
'B &P refers to the California Business and Professions Code. Almost all citations
issued pursuant to this code relate to minors in possession of alcohol or false
identification documents.
H &S refers to the California Health and Safety Code. Most citations issued pursuant
to this code relate to possession of marijuana.
"Administrative Citations are a method of Issuing citations in a civil process as
opposed to using the criminal process. Administrative Cites are issued for violations of
the NB Municipal Code, and those issued in the Safety Enhancement Zone carried a
fine triple the standard fine amount. The Administrative Citations issued are
incorporated into the Muni Code citation total.
Looking past the statistical information, the following information provides some insight
into situations Police Department personnel handled during the July 4" holiday: The
morning of the 4'" started with the fatal accident of a bicyclist on Backbay. As the day
progressed, we responded to numerous calls for service, including 15 incidents of
assaultive behavior where arrests were made or a criminal investigation was initiated.
These investigations included assaults, fighting in public, domestic violence, and assault
with a deadly weapon. Officers booked three subjects who resisted arrest or interfered
with an arrest, which is down from six last year and fourteen in 2002.
Analysis of Police Operations — July 4, 2003
September 14, 2004
Page 5of7
There were several significant events that involved our officers. Two officers were
assaulted, including an officer on 25`h Street who was making an arrest for fighting in
public when friends of the arrestee assaulted him. This incident resulted in a multiple unit
response to assist the officer. One suspect was arrested and one was able to escape. In
unrelated incidents, arrestees kicked out the windows of two transportation vans, and
officers arrested a mother who was under the influence of a controlled substance after
she abandoned her seven - year -old child at Hoag Hospital.
Traffic Management
As in past years, our plan for controlling traffic in the West Newport area centered
around the installation of barricades. These barricades close Seashore Drive to
vehicular traffic and prevent vehicles from accessing the westbound lanes of Balboa
Boulevard between Pacific Coast Highway and 32nd Street. The installation of
barricades by General Services personnel was complete by approximately noon. The
barricades remained in place until approximately midnight.
Traffic westbound on Balboa Boulevard near the road closure area has traditionally been
very congested with vehicles and pedestrians leaving Newport. Significant improvement
was made in 2002 and continued this year with the assistance of Cal Trans personnel,
who monitored the traffic signal phasing at Balboa and Pacific Coast Highway, changing
the phasing when necessary to keep traffic moving. Additionally, vehicles were not
allowed to turn eastbound (right) on Pacific Coast Highway from Balboa. Allowing that
turn in the past added to the congestion due to the conflict with pedestrians in the
crosswalk. Both changes aided in the flow of vehicles out of the West Newport area.
Our traffic control and enforcement efforts were supported again this year by a
contingent of traffic officers from the California Highway Patrol. This contingent was
divided into two groups: motorcycle officers for enforcement of traffic laws and CHP
officers on foot assigned to staff barricades and checkpoints.
Department Support Activities
As in past years, our Command Post and field booking facility were established in the
rear parking lot of the City Hall complex. This arrangement has worked successfully
since first implemented in 1977. In addition to serving as an initial receiving point for
arrestees, the Command Post houses field communications personnel and equipment,
allowing for more efficient coordination of activities. The Command Post also serves as
a staging area for personnel, a storage point for supplies and equipment, as well as a
location where City officials may gather for situation briefings.
NBPD personnel (largely reserve officers and Support Services Division personnel),
supported by deputies of the Orange County Sheriff's Department, staffed the field
booking facility. Other NBPD reserve officers and OCSD deputies staffed transportation
units, whose main purpose was to transport arrestees from the point of arrest to the
Command Post for booking, then to the Police facility.
Analysis of Police Operations - July 4, 2003
September 14, 2004
Page f of 7
Supplemental Law Enforcement and Salary Costs
Supplemental Law Enforcement this year was provided by eight different agencies
compared with three agencies in 2002. The California Highway Patrol provided 30
officers who were assigned to traffic control enforcement with a cost of $25,358. The
Orange. County Sheriffs Department provided deputies who were assigned to
transportation duties, as well as searching /booking duties at the Command Post. The
cost for their services was $28,479. The Police Departments of Anaheim, Costa Mesa,
Fullerton, Irvine, Orange, and Santa Ana provided approximately 60 officers who were
assigned with Newport officers for enforcement duties. The collective cost for their
services was $55,191, which brings the cost of assistance from other law enforcement
agencies to $109,028.
Per the! Memorandum of Understanding with our employee associations, personnel
receive "premium pay" for working on July 4'". The premium pay, along with additional
overtime pay for employees working longer than their assigned shifts, totaled $52,956 of
additional salary cost. Employees also took 223 hours of compensatory time in lieu of
overtime pay.
OC Sheriff
CHP
Costa Mesa PD
Anaheim PD
Brea PD
Fullerton PD
Irvine I'D
La Palma PD
Orange PD
Santa Ana PD
NBPD Overtime &
Premium Pa
TOTAL:
2004
$28,479
$25,358
$5,921
$13,638
0
$8,825
$6,956
0
$14,765
$5,086
$52,956
$161,984
2003
$28,567
$22,203
$8,156
$12,994
$657
$1,963
$8,084
$1,927
$6,020
$52,187
2002
2001
2000
$19,685
$15,343
$9,953
$23,345
$23,465
$23,061
$3,685
NA
NA
$43.928
142,758 $90,643
$56,210 $46,908
$79,922
The overall cost to have the majority of Police Department personnel assigned to work
on July 4th is significant. When that amount is added to other supplemental law
enforcement costs, we have a better understanding of the total budgetary impact the
July 4t" holiday has on the City, in return for ensuring our law enforcement presence on
that day. The majority of the increase in this year's cost over 2002, is the same reason
as last year, the addition of approximately 60 police officers from other Orange County
agencies, as well as an increase in the number of Orange County Sheriff's personnel
and equipment to staff our booking and transportation operations. The increase in cost
in 2004 over 2003 is primarily the result of using 57 outside municipal police officers in
2003 compared to 62 in 2004 in order to address some scheduling /deployment needs.
We also experienced a $3155 increase in CHP cost for the same number of personnel;
however, we anticipate the costs for Orange Police Department personnel may be
reduced by as much as one third, due to a billing error on the part of their staff. At the
time of this writing, the exact figure is not available.
Analysis of Police Operations — July 4, 2003
September 14, 2004
Page 7 of 7
Planning For Next Year
Planning for the deployment of Police Department personnel on July 4, 2005, has
already begun in the form of critiques of this year's operation prepared by key personnel.
These critiques will form the basis of future staff discussions to explore and implement
improvements.
The involvement of the various Community members and groups in the July 4'" planning
process was very helpful from our standpoint, and I am certain residents of the area
most affected by the holiday activities appreciate having their voices heard.
CONCLUSION
Although I still have very serious concerns about the potential that exists for severe
consequences as a result of the excessive alcohol consumption and resulting behavior
of the July 0 crowd, I am satisfied with the results of this year's operation by the
Department. Unfortunately, until there is a significant change in the character of the
neighborhoods in the peninsula area that are primarily "summer rentals," which attract
the large influx of visitors over that particular holiday, our problems will continue.
As in past years, I believe our employees, and those of the other involved agencies,
performed in an exemplary manner and significantly contributed to a safe and peaceful
holiday. As an aside, we only received one complaint about our actions on the 4'h, which
involved the recipient of an administrative citation questioning the officer's decision to
issue the citation and the overall administrative citation process.
I am also grateful for the cooperation of other City departments, most notable General
Services, whose employees made valuable contributions to our efforts. The support
received from the Orange County Sheriff's Department, the California Highway Patrol,
Cal Trans, and the Police Departments of Anaheim, Costa Mesa, Fullerton, Irvine,
Orange, and Santa Ana was much appreciated as well.
In conclusion, the changes made in 2003 had a positive effect on our ability to help our
Community this year, enjoy the July 4'" holiday in a safe and lawful manner. In
preparing for the future, we will take our past experience, apply the lessons learned,
maintain an open mind, and continue to refine our approach as we did in 2004 in order
to confront this ongoing challenge. Overall, I recommend we "stay the course" we set in
2003 for the next couple of years to realistically assess the long- standing nature of any
progress we have made in curbing the disruptive behavior which has been experienced
over the years.
Prepared by,
John Klein
LIEUTENANT
Approvnert -b
Bob McDonell
CHIEF OF POLICE