It’s been another comfortable week in Berkeley with temperatures in the 70s while heat domes threaten life across large swathes of the planet. Even the Saguaro Cactus in Arizona is collapsing in the extreme heat. As I pick my way through the news I feel like an observer in a world that is unraveling. And there has been local unraveling too.
I received a text and then a request to call back with the phone number of where to get help in Berkeley for someone who was in a mental health crisis. I did not have the answer on Tuesday, but I do now. The number for the Mobile Crisis Team is (510) 981-5900, and press 6 in the telephone tree or ask for Mental Health. That is if the situation is not life-threatening and the crisis occurs between 11:30 am and 10 pm on a Sunday, Monday, Wednesday, Thursday or Friday. All other hours, and on Tuesday and Saturday, the choices are to call 911 for the police, take the person to a hospital or clinic or wait it out until the crisis team is available. https://berkeleyca.gov/safety-health/mental-health/crisis-services
Berkeley’s implementation of a Special Care Unit (SCU) for persons in a mental health crisis is still weeks away, with the end of August as a planned opening.
Maybe someone with real expertise will respond with better alternatives.
The Resolution from the Mental Health Commission to Adopt a City-Wide “Care First, Jails Last” Policy, item 31 on the July 25, 2023 City Council Consent Calendar was passed that evening by the Berkeley City Council, but not without Councilmember Humbert throwing a wrench in it first. Humbert asked to refer item 31 to the Council’s Health, Life, Enrichment, Equity & Community Policy Committee (Humbert is a member) for “vetting.” Wengraf agreed, no councilmember objected, and the item was moved as a referral to the committee in the preliminary council discussion before Public Comment and the vote on the consent calendar.
From my observation of how council committees function, referrals to committees are often just a detour on the road, slowing down the process of getting something done with little to show for all those months in committee, or even the path to killing an agenda item council doesn’t want to pass.
When Public Comment opened, the Mental Health Commissioners were at the podium, explaining to the Council that the Alameda County Board of Directors passed a resolution on May 25, 2021, and that Berkeley as a separate jurisdiction has been an outlier by not adopting a similar policy. There was considerable detail provided by the Commissioners on their extensive process of research in preparing the resolution, how the resolution gave direction to the Berkeley Police, and how the resolution fit with the SCU and continuum of care. Finally, Mayor Arreguin stepped in to move the item back to consent (for passage without a committee referral), with a minor change in the frequency of reporting, which Humbert accepted, cancelling the referral.
The big agenda item of the July 25th night was the Fixed Automated License Plate Readers, but before getting to that there was the non-agenda public comment at the beginning of the meeting. A maximum of ten speakers are allowed one minute each.
I recognized the four Japanese American women turning in their names for non-agenda comment as the same women who attended the Open Government Commission (OGC) on July 20th. At that meeting they were asking how it could be that the resolution to oppose Japan’s Planned Discharge of Wastewater from Fukushima Daiichi Nuclear Power Plant could lose without the mayor and councilmembers even giving a reason for their actions.
They said publicly at OGC what I had heard but not confirmed, that the Japanese Consulate called councilmembers asking them to oppose the resolution, leaving Berkeley in the position of essentially supporting the discharge of wastewater through taking no action.
These women were not giving up. They wanted the resolution back on the agenda and they wanted to hear the reasons from the mayor and councilmember. The discussion at the OGC was quite involved over the council process, how agenda items on consent imply approval, and yet five voted against the measure through abstention.
Mayor Arreguin and Councilmembers Kesarwani, Robinson, Wengraf and Humbert all abstained from supporting the resolution on July 11, sinking it.
Two speakers were at council to comment on the Berkeley Police Downtown Bike Team Texting Scandal and the results of the investigation by Swanson & McNamara. As reported by Alex N Gecan on the Berkeleyside site, the investigation found, according to Matthai Chakko, “[t]he department does not have a practice of racial bias, the department does not have any arrest quotas…”
The first non-agenda speaker handed printouts of the texts to the clerk, and then spoke describing the texts as extremely racist, anti-homeless and questioned how the city manager’s office found no wrong doing. He said that a transparent investigation was needed, and invited any councilmember to read the texts.
During the consent calendar. Councilmember Bartlett read from officer Darren Kacalek’s texts:
“Did you realize that all 5 people you arrested had something in common. All of the same heritage. I’m selling my white privilege card. It’s 48 years old and it hasn’t done a damn thing for me. No welfare checks, No inheritance, No free college, No free food, No free housing, etc. I may even be willing to do an even trade for a race card. Those seem to be way more useful and more widely accepted. Interested? Contact me on my non Obama cell phone that I have to pay for every month…’81 arrests. We can do 19 by Friday” [from Kacalek’s texts]
Bartlett followed the text reading with his personal comments:
“This sounds like Boss Hog of Dukes of Hazard. It’s not. It’s in Berkeley, the most enlightened city in America. It’s two steps forward, two steps back… On the one hand, we have all these amazing initiatives, the Specialized Care Unit, etc., great training, great new protocols, a very diverse force, largely beneficial to the community and I’ve interacted with them a lot. A lot of nice people doing their best. But, again, when you have this, these comments, it kind of throws everything out.
“It would be funny if it weren’t so dangerous and frightening. And so to all of us here, I know it’s easy to forget that these are weaponized words. What I mean: people with weapons saying it. They may not be saying it to you, but they are saying it to a lot of us. And, it’s scary and it’s wrong and we have a duty to stop it. I’m curious to see the results of the investigation as well. I am an attorney. I have done some investigations. I’m really curious how they came to the conclusions they did, ’81 arrests. We can do 19 by Friday for sure’ [from Kacalek’s text] that’s from the Duke boys.” [emphasis added]
The investigation report is confidential. Not even the City Council has seen it. The person who sent those racist texts is Sergeant Darren Kacalek. Kacalek was put on leave when the scandal broke and stepped down from his position as president of the Berkeley Police Association (police union). Kacalek will now be returning to active duty in the Berkeley Police Department (BPD), just not on the downtown bike team.
Later in the evening Deputy City Manager LaTanya Bellow described the Chakko statements as unfortunate and outside the scope of the investigation and reiterated that the report on the police was confidential.
Those who attended the November 2022 meeting when the appointment of Jennifer Louis as Chief of Police was delayed amidst the Police Department scandal may recall the promise from City Manager Dee Williams-Ridley that a full investigation would be done to ensure public trust before the appointment of the new Police Chief. Jennifer Louis was appointed by City Council as Police Chief on May 9, 2023, before the investigation was complete and the investigation results, described by Chakko as no problem, are confidential.
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On to the Automated License Plate Reader Surveillance Ordinance (ALPRs). At the June 20, 2023 City Council Public Safety Committee meeting, Councilmember Wengraf pushed for approval of the ALPR Surveillance Ordinance with a qualified positive recommendation so it could be placed on the July 25 council agenda for a vote before council left on summer recess.
Usually a “qualified recommendation” means that a referral to a committee was modified before being sent on for the full council vote. In this case, Wengraf, Robinson and Taplin all voted to forward the surveillance ordinance to council knowing that revisions and amendments were needed and that in the rush to make the July 25 agenda, they would leave it to the BPD and not review it as would be the normal process.
When it was Councilmember Hahn’s turn to comment on the ALPRs, she pointed out the policy inconsistencies and asked that during the two year trial period the city attorney would rewrite the policy. Hahn abstained from voting for ALPR ordinance.
Wengraf gave her full support to the ALPRs referencing 150 letters in favor. It should be noted that Wengraf sent an email to her constituents with a model letter to copy and requested they email council in support of ALPRs.
Bartlett asked who would determine where cameras would be placed and received an answer that it would be determined in collaboration with the vendor. Bartlet followed with, “What if officer Hate is the one that places the cameras?” Bartlett said he loved technology and low touch criminal enforcement policies, but that he would not support endorsing the ALPR technology for a problematic department.
The community in their public comment was divided. Many in opposition voiced concern about privacy and the sharing of information. Those in favor looked to ALPRs as reducing crime.
The Police Accountability Board (PAB) opposed both the acquisition of the ALPR surveillance technology and the draft policy. The PAB identified inconsistencies and omissions in the policy and the potential for bias in selection of sites for camera placement. The PAB provided an in-depth analysis of the effectiveness of ALPRs. The deeper the look, the murkier the results, with proclamations of success fading over time.
While council dismissed much of the work of the PAB, council did accept the PAB’s broad outline of metrics to evaluate the effectiveness of the ALPRs. Missing in the motion was using those metrics to establish a baseline before installing the ALPRs for comparison at the end of the trial period.
Kesarwani, Taplin, Wengraf, Robinson, Humbert and Arreguin all voted for the ALPR Surveillance Ordinance. Harrison was on an excused absence (sick leave ).
On to the other council meetings.
The July 18th Council Worksession on the Ashby BART station revolved around the Traction Power Substation (TPSS). BART had been planning to place a new TPSS in the west Ashby parking lot for a year or more but never informed the City of Berkeley. The TPSS space needs about 40 feet wide into the parking lot and 300 feet long with a ten foot tall wall along the Adeline plaza/sidewalk.
City Council was none too happy. No decisions were made. BART was left with exploring other options like another location or undergrounding. The loss of parking with building housing in the BART parking lot was not discussed. https://berkeleyca.gov/city-council-special-meeting-eagenda-july-18-2023
At the July 24, 2023 special meeting, City Council voted to reject the Willard Neighbors’ appeal and approved replacing the Willard Park 565 square foot clubhouse with a new 3,301 square foot community center. The Willard Neighbors supported renovating/replacing the clubhouse, but with a smaller footprint than a 3,301 square foot community center and making the new center available to the community.
City Council voted in the special meeting at 4 pm on July 25, 2023 to approve the Civic Center Phase II Design. The group supporting daylighting Strawberry Creek was happy as the final language included exploring both a full and partial creek restoration. Directions also included keeping the farmers market in the civic center and exploring building out additional spaces at the Veterans’ Building. The renovation plans for the Maudelle Shirek Building (old City Hall) include new city council chambers with around 349 seats. With ZOOM and hybrid meetings, 50 attendees is a big night. The catch for all of this is the cost estimate of somewhere between $125,276,000 and $157,892,000.
The cigty has other needs, like upgrades to the fire stations so fire fighters can safely decontaminate themselves and equipment, plus being adequately resourced for population growth and hi-rises. The emergency dispatch center is also under resourced.
Council is set on a ferry service. When I attend Water Emergency Transportation Authority (WETA) meetings, WETA is looking to Berkeley pick up a chunk of that cost and when I hear from Berkeley, it is WETA that will be picking up the tab.
And there are the groups that want the streets repaved and aging infrastructure repaired.
On July 20th I left the in-person OGC meeting, the discussion of Fukushima and council meeting procedures to comment at the Design Review Committee (DRC) on 1752 Shattuck a 7-story 72-unit mixed use building with 38 bedrooms which have no windows.
I’ve been asking the DRC to look at the interior floor plans for the livability of the units not just the exterior design and colors. An interesting discussion followed at DRC and it spilled over to the Zoning Adjustment Board (ZAB) on July 27 when I brought up windowless bedrooms again.
The California Building code no longer requires bedroom egress (escape) windows in multi-unit buildings with fire-safety features and ventilation. These buildings are considered safer. Bedroom escape windows are only required in wood frame buildings for the first three floors
This means multi-unit buildings are regularly before DRC and ZAB with interior bedrooms with “borrowed light.” This means instead of a solid door, a door with glass is used to “borrow” light for the windowless bedroom. Since students often rent by “bed” not by “unit” the windowless bedrooms rent for less attracting students anxious to save living expenses.
I remain concerned about the mental health of students.
What about the energy demands of buildings? How will that work when there are power failures or we are asked to shut down to save the grid as we were in September 2022. What happens when the e-skateboard catches on fire?
Phoenix’s daytime high has been over 110 every day in July and it looks like that will hold until July 30. When I checked at midnight the temperature was over 100. The current count of wildfires in Canada is over 700 with 233 listed as out of control. Ocean temperatures off Florida reached 101.1°F on Tuesday, July 25. Wildfires are spreading in Italy, France, Portugal, Algeria, Croatia, France, Spain and then there is Greece where the news described the evacuation from Rhodes as the largest ever.
Adding to the grim climate and weather news in the peer reviewed article in Nature Communications, Peter Ditlevsen and Susanne Ditlevsen (scientists, brother and sister, from Copenhagen, Denmark) estimate the collapse of the Atlantic meridional overturning circulation (AMOC) to occur around mid-century with the outside projections as early as 2025 or as late as 2095. This is very bad news.
And we keep charging ahead as if everything is fine.
“It’s as if the human race has received a terminal medical diagnosis and knows there is a cure, but has consciously decided not to save itself.” Prof Lesley Hughes, distinguished professor of biology at Macquarie University, former federal climate commissioner and former lead author in the IPCC’s 4th and 5th assessment report.
Berkeley is in such an incredible position to lead, please let’s stop squandering it.