Dear Councilmember Humbert:

I understand that you also are an attorney. I practiced law in Washington state for 25 years. As a Cal alum (Class of 1982), I am grateful for my academic and social education at UC Berkeley. I was an elected ASUC Senator, a member of Berkeley Students for Peace, Students Against Intervention in El Salvador, and actively involved in the UC Divestment campaign to end Apartheid in South Africa. I was also involved in the Interfaith community- and worked as the Director of Hunger Education and Action at Unitas (now Free House) in my gap year before USF Law School.

I’m also a supporter of the historic, internationally recognized Commons, the 2.8 acre parcel of land that is known as People’s Park. I along with many others helped build the Free Speech Stage in 1979. I’ve also attended dozens of peaceful, joyful events in the park since my return to Berkeley in 2010. It is a space where diverse groups of people of all ages and backgrounds danced, sang, played music, gardened and held classes, tours for tourists, meetings, and individual conversations about life, current events, traveling, culture, etc.

It is tragic that people have died in People’s Park. The answer to that problem is prevention programs and more support to outreach teams to reduce harm and protect everyone from deadly drugs. We had four deaths in one day from fentanyl in Dr. King Civic Center Park last year, but that was not grounds to close the park. Park supporters are also continually working on keeping people safe - and definitely are proponents for public safety. Have you talked with any of the peace activists connected to the park, or attended any concerts or festivals before the COVID shutdown?

The answer also is to provide supportive housing, which could be provided on six other ‘opportunity sites’ identified by the 2021 UC Long Range Development Plan. If you have not done so, I encourage you to do as I did- read the entire 400 plus page report. I also participated in public comment at UC Regents meetings.

It is an erroneous label to call park supporters ‘anti-housing.’ I have been advocating for affordable housing in Berkeley for the last 13 years: I attended Planning Commision, ZAB, Council and other meetings. The council refused to set aside 20% BMR units despite the city’s own Nexus study confirming that developers would meet their ROI (they could ‘pencil it out’ in terms of profit). Both the City and University have failed to meet the urgent need for affordable housing. Our RHNA numbers are met over 200% for upper income and zero for very low income persons. Our crisis is horrible and preventable. I trust and hope that you will urge developers to do more including by passing a Community Benefits Ordinance.

Also, it was not clear to me that many Berkeley City Council members read the court opinion that suspended construction on People’s Park. Sadly, the council voted to submit an Amicus brief in support of the University. I read the entire opinion and it is based on a sound, rational analysis of the UC’s failure to identify mitigation of adverse environmental impacts, and its failure to consider and discuss alternative sites (which would actually provide many more housing units for students than the proposal for People’s Park).

The city and my alma mater have unleashed a dangerous and troubling situation. I witnessed very peaceful protestors when I was in People’s Park at midnight - early Thursday morning when unmarked white vans pulled up to the park filled with armed police officers. On Friday, I spoke with young people who witnessed a kid smashed to the ground by police (she apparently was treated at the hospital and may have a broken collar bone as a result). I witnessed an officer in the park attempt to rush up to a college student with baton forward - the young man was just standing there asking for his badge number that had been covered up. Another officer pulled the aggressive officer back. We have over 500 officers in our city in riot gear contributing to much anxiety and tension.

I don’t know if you have read the court materials on the Federal Court case captioned Law v. City of Berkeley - but the evidence and past pattern and practice does not support your statement that BPD is well trained and proficient in de-escalation. In a BlackLivesMatter protest, they escalated and bashed me, a journalist, a minister, and Cal students with hard, painful batons, and threw flash bang grenades at our feet, and later tossed tear gas through the streets including along Telegraph. In discovery, the city admitted dispersing so much of the toxic gas that they did not know the quantity.

h I don’t know if you ever attended any of the beautiful gatherings at People’s Park - but many of us are saddened by the overly aggressive, extremely costly actions (24/7 dining operation for 1,400 people for 4 days?) We could have provided meals for 1,000 unhoused people and 100 hotel vouchers for 6 months to a year probably. And low income housing vouchers for 40% of students at Cal who receive financial aid (Pell Grants provide only $900 a month for housing and UC dorms cost much more than that.. off campus housing is average $1,200- $1,400 a month per student .. many of them don’t have enough money to eat three meals a day - fortunately students started an on campus food bank- I helped start the UC Food Collective that is still going over 40 years later).

It is unfair and misleading to blame peaceful protestors for the university’s failure to provide affordable housing. Please examine all of the evidence- and I appreciate your willingness to investigate misconduct by BPD. They are required to wear body warn cameras as a result of the federal court settlement in Law v. City of Berkeley. And the Reimagining Task Force and Mayor’s Fair and Impartial Policing Task Force that I was appointed to by Mayor Arreguin worked tirelessly to ensure BPD operates within the guidelines of Constitutional Policing. The City Council and City Manager will hopefully ensure Best Practices are applied, and new reforms are being implemented. It has not been our experience - there’s often push back, delay and excuses (including the BPD Bike Patrol racist text scandal).

The other problem with this large military style operation in Berkeley this week is the inability to control police units from a dozen other locations. The ‘Mutual Aid’ operation caused significant harm during the BlackLivesMatter peaceful protest where police were a large part of the rioting behavior (see video online of officers beating people, throwing a young woman on the ground, shooting people with ‘less lethal’ but painful pellets, tear gas, etc).

I am also submitting this letter of concern to the Police Accountability Board. -more-

As you have probably heard, UC Berkeley has begun the process of preparing People’s Park for the addition of student and homeless housing, as well as new park space and features celebrating People’s Park’s history. Sadly, given the protests and sometimes violent actions trying to block this project, the University has also had to take unusual and unfortunate measures to protect the site. With everything that’s going on, I wanted to offer you an update and share my thoughts.

First, I want to reiterate that I strongly support creating new housing and open space at People’s Park. Our city and UC Berkeley both desperately need housing to meet demand, lower rents, and prevent displacement, and Southside is an ideal location for it. In a perfect world, the current form of People’s Park could be a monument to Berkeley’s history, progressive movements, and ideals—but it has failed to fill that role for decades. Instead, the park has witnessed violent crime, lonely deaths, and, shockingly, children being drugged. Past efforts to make it function as a park that is safe and welcoming for all have been violently opposed by many of the same people now fighting against the new housing. It is in this context that the UC has been forced to take drastic measures just to allow for site preparation to move forward. Some opponents have pointed to the immense cost of securing the site as a reason to abandon housing at this location. But these costs only exist because a vocal and at times violent minority has decided that their views matter more than the will of the public. Housing opponents trying to impose their will by protesting and making the cost of housing too high is not democracy. Indeed, they are tactics used by housing opponents for decades.

It was just a couple of years ago that housing opponents proved that they were willing to violently storm the site and destroy equipment. This needless drama and the threat of a repeat are why the UC was compelled to act swiftly and on short notice to shield the site. This included restricting access to key roadways and towing private vehicles near the park. The UC has also been forced to construct a barrier made of shipping containers in order to protect workers and the new housing from those intent on vandalism and violence. I want to commend the UC for the care and foresight they put into their efforts to ready the area. With respect to towing, a hotline was set up, no one was ticketed or charged, all affected people were offered rides to their vehicles and $100 gift card for their trouble. I understand that those living and working around the site are unfortunately still facing great inconvenience when it comes to traveling to and from their homes and workplaces. I call on the UC and various law enforcement agencies charged with protecting the project to be accommodating and courteous in this regard. (If you experience any difficulties, please let my office and the UC know right away.)

With respect to law enforcement involvement, I have seen people express concerns regarding the number of officers and the potential for excessive force. But if we want to avoid the use of potentially problematic crowd control methods, we need a large contingent of officers who can engage in more targeted and tailored enforcement. When it comes to the Berkeley Police Department, I believe BPD has a strong track record and training when it comes to deescalation; but I also want to reiterate that the City takes a hard line against excessive force and any alleged instances will be investigated thoroughly and impartially. By the same token, I also condemn any violence or vandalism by protestors. I am firmly committed to the First Amendment and the right to protest; but that right does not extend to indefinite disruption of other people’s lives and certainly not to physical harm or destruction. Freedom of speech and the practice of civil disobedience are not carte blanche. A key part of nonviolent civil disobedience is accepting that one’s actions may result in arrest. Berkeley and the US have a proud history of civil disobedience, but I want to be crystal clear: I believe that building housing and a new People’s Park is the right thing to do and not something to resist.

Not only does the planned project include over 100 units of permanently affordable supportive housing, but the University also made an extraordinary effort to ensure that everyone who was previously staying at the Park found permanent housing. The social worker hired by the University, City homeless services staff, and local nonprofits have engaged in a tremendous effort to provide assistance, services, and shelter to every person who was previously using the park. I am proud of these efforts, and I think that they reflect the caring and community-minded approach that the City and the University have taken with respect to this project. I appreciate that there are some who will disagree, but I continue to proudly support this new student and homeless housing, and I hope it moves forward swiftly. I ask protestors to work with us to tackle our housing and homelessness challenges. And I hope the California Supreme Court will rule swiftly so that actual construction may begin.

I welcome and look forward to hearing your thoughts, even if we disagree. And please let us know if you need information or assistance regarding this stage of the project, which we hope will be concluded soon. -more-

According to reports in the Daily Cal, on the Berkeleyside website and in private communications with several civic sources, as many as 1400 police officers are expected to come to Berkeley in the next week in anticipation of demonstrations against UC actions to continue a dormitory project on the site of National Register People’s Park. According to Berkeley Community Safety Coalition officer and civic activist Moni Law, Park supporters have been asked to join a preliminary gathering at 11 p.m tonight, Wednesday. Construction equipment is expected to arrive at 4 a.m Thursday, possibly to build a fence around the site while most students are out of town. Councilmember and mayoral candidate Kate Harrison told the Planet that UC workers have been asked to expect to provide 24 hour food service to the law enforcement personnel for at least a week. -more-

I am writing this open letter to you in my individual capacity as a Councilmember because I understand that U.C. plans to use significant police force to secure People’s Park in the coming days. This significant action would occur prior to, and pre-judge, the California Supreme Court’s review of its decision regarding UC’s compliance with state law. -more-

The National Trust for Historic Preservation has called for the preservation of People's Park, pointing out that it is “nationally significant for its association with student protests and countercultural activities during the 1960s” and is listed on the National Register of Historic Places. -more-

I am writing to express deep concern about the recent civil lawsuit filed by hundreds of Yazidi-Americans against Lafarge S.A., the French conglomerate. The lawsuit alleges Lafarge's involvement in providing material support to the Islamic State, which led to grave consequences for the Yazidi population. Lafarge's admission of guilt in a criminal conspiracy to support ISIS and another terrorist group, the Al-Nusra Front, is distressing. The company, along with Lafarge Cement Syria, knowingly engaged in activities supporting armed groups in Syria from August 2013 to November 2014. -more-

Blinken Slips, Admits Why Wars Are a "Win-win"

Looking for a favorable argument to keep selling US weapons to sustain wars in Ukraine and Israel, Secretary of State Antony Blinken explained: “If you look at the investments that we’ve made in Ukraine’s defense to deal with this aggression, 90% of the security assistance we’ve provided has actually been spent here in the United States with our manufacturers, with our production, and that’s produced more American jobs, more growth in our own economy. So, this has also been a win-win that we need to continue.”

But as former Army Colonel and U.S. State Department official Ann Wright pointed out in a damning critique delivered in a speech before the UN Security Council: "The win-win is for the military industrial complex and the politicians and retired government officials who are offered senior positions in companies immediately after their retirements! And it’s certainly not a win-win for the innocent civilians who are killed in these conflicts." (PS: Wright resigned her post in protest of Washington's illegal Iraq war)

Pope Is No Dope

Pope Francis has long spoken out about the horrors and immorality of war but his Christmas day message from the balcony of the Vatican took his concerns a bit further. The Pope dared to illuminate the root of the War Problem and he dared to speak its name: "The global weapons industry."

The Chronicle chose to run this revelation under a headline that read: "Pope Blasts Weapons Industry." The headline reveals another consequence of "social militarism"—i.e., the weaponization of language. The Chron could have said the pope "deplores," "denounces," or even "curses" the arms industry. Instead, they opted for a word that is wedded to the word "bomb."

As the US Federal Budget makes clear (more than 40% of our tax-dollars go to "defense"): If we want to stop hunger, poverty, and homelessness, let's just stop paying for war. -more-

It should be obvious to every responsible journalist that anything the Loser of the 2020 election says ought to be fact checked. The number of Trump's documented lies while President exceeds 30,000. By printing the AP story ("Trump claims Ignorance about Hitler comparisons") without doubting Trump's word, the editors lend credence to his claim of ignorance. -more-

The recent reports from Gaza paint a harrowing picture of ongoing devastation. According to Gaza health officials, over 21,500 Palestinians have lost their lives in the past 12 weeks due to Israeli assaults, with civilians targeted, including an attack on the Maghazi refugee camp during Christmas. -more-

Literary fiction is distinguished from genre fiction by the emphasis on meaning over entertainment. Usually, literary fiction is character driven rather than plot driven. -more-

Benny Gantz, de facto leader of Israel’s opposition, has now been handed exactly what he needs to topple Benjamin Netanyahu’s extreme right-wing coalition. In addition to all the vehement critiicism of Netanyahu from the families of Israeli hostages held in Gaza, there is now the episode, humiliating for Israel, that IDF forces mistook three Israeli hostages in Gaza City for terrorists and killed them on Friday, December 15. -more-

The sea is bigger than any man or woman is. A human being can't beat up the waves, can't overpower them, or (in many cases) can't outsmart them either. Surfers and swimmers, some of them experienced, probably have respect for the waves.

When I was younger and had physical competence, I could still barely manage a swim in a swimming pool and would never dare venture very far into the water at a beach. That's just because I'm usually aware of my limitations.

When my mind and body were taken by psychosis, the feeling of it resembled being at the beach, going too far into the waters, and being swept out to sea, at the mercy of a massively overpowering undertow.

This is the power of psychosis. You may believe your mind is strong. You may believe your will is strong. Psychosis--that is strong. If you are subject to psychosis, you need help.

Practitioners of Zen Buddhism seem to believe themselves superior to normal human folly. This is not accurate. A reason to feel superior and a feeling of being a "master" as a higher status, that's where Zen seems farcical. I practice mindfulness, but it doesn't make me superior. Human error is inescapable and practicing meditation and/or yoga don't cure schizophrenia. -more-

Worth Noting:

The Agenda & Rules Policy Committee is expected to meet on Thursday, January 4 at 2:30 pm.

The draft agenda for the January 16, 2024 City Council meeting is not available as no meeting agenda is posted. City Council is on winter recess through January 15, 2024.

Check the City website after 5 pm Tuesday, January 2, 2024 https://berkeleyca.gov/

Or go directly to the Agenda & Rules Policy Committee webpage for the draft agenda after 5 pm Tuesday. https://berkeleyca.gov/your-government/city-council/council-committees/policy-committee-agenda-rules

The Landmarks Preservation Committee meeting for Thursday evening January 4 has been cancelled. -more-