" ... A silence there hard to believe, a hazeless,/dustless air when in the clear:a spot/on the farther side of knowledge/from which all other points are North./Where is your "epilepsy" West,/your "wisdom" East when everything/flies you away from known dimensions/into the stillness? This is no crossing/from a river's bank to its other side, but/lack of movement absolute,/total attention/to a deliberate deliverance./The orb has turned all diamond."

Poet Nathaniel Tarn's latest collection, 'Gondwana and Other Poems' (New Directions, 2017), his 33rd book of poetry, opens with the 19 sections of the title poem, discrete perceptions and thoughts, sometimes contemplating stillness, sometimes caught up with the motion of the ship taking him to Antarctica in his 80th year. -more-

2017 political news contained two preeminent images: Donald Trump and sexual assault. Trump's objective has been to be dominate the news each day. Nonetheless, beginning with revelations about the sexual behavior of movie producer Harvey Weinstein, Trump tidings were pushed aside by reports of celebrity sexual misconduct. (Time Magazine recognized this by naming "the silence breakers" their persons of the year.) The two images are connected. Trump has been accused of sexual assault. And the Republican Party is engaged in systematic rape of American workers. -more-

On December 6, 2017, President Trump, as expected, recognized Jerusalem as Israel's capital, fulfilling a campaign promise. However, the decision is really not the radical policy departure that critics claim. -more-

A 32-year-old man was shot in the leg by two suspects after getting out of his car in Berkeley on Tuesday night, according to police. -more-

In the past ten years, I have witnessed the disappearance of benches in public places. I have also seen the disappearance of bookstores. Of course, payphones are long gone, and a young person might not recognize one if they saw one. -more-

Among the serious problems that disabled workers encounter is that during difficult economic times they are among the first to lose their jobs. Their unemployment rate is currently in the double digits. As a result, the record shows, there has been a substantial increase in applications for social security disability benefits to replace their lost jobs.

Now it looks like the reverse is also down the road. President Trump's budget proposes a $65 billion dollar cut in the disability program. Undoubtedly, these cuts, which would limit the number of recipients, will appreciably increase the competition for scarce jobs among the disabled. Currently, only 41 percent of the disabled from ages 21-66 are employed compared to 79 percent of the non-disabled. And disabled persons who are fortunate enough to find work average about $9,000 less annually than other workers.

A major hurdle disabled people confront is that they are victimized by employment related discrimination. To address this problem Congress in 1990 passed the Americans for Disability Act, which was signed by President George H. Bush. The enforcement of this law has been a real challenge. -more-

Armenian soprano Lianna Haroutounian, who made such a hit at San Francisco opera in singing the title roles in Tosca (2014) and Madama Butterfly (2016), gave her first USA recital at Herbst Theatre on Sunday, November 25. I reviewed this wonderful recital in the November 26 issue of Berkeley Daily Plane, where I lauded Ms. Haroutounian for her voluptuous low notes and scintillating high notes, delivered very naturally without a register break between chest tones and head tones. Following this recital I had a chance to strike up a dialogue with Lianna Haroutounian about possible new directions in her career. -more-

With the world focused on the scary possibility of war on the Korean Peninsula, not many people paid a whole lot of attention to a series of naval exercises this past July in the Malacca Strait, a 550-mile long passage between Sumatra and Malaysia through which pass over 50,000 ships a year. With President Trump and North Korean leader Kim Jong Un exchanging threats and insults, why would the media bother with something innocuously labeled “Malabar 17”?

They should have.

Malabar 17 brought together the U.S., Japanese, and Indian navies to practice shutting down a waterway through which 80 percent of China’s energy supplies travel and to war game closing off the Indian Ocean to Chinese submarines. If Korea keeps you up at night, try imagining the outcome of choking off fuel for the world’s second largest economy. -more-

Midway through the show of 'This Wide Night,' a Bay Area premiere by Anton's Well Theater Co. of British playwright Chloë Moss' work, now running weekends at the Berkeley City Club, it occurred to me that it was fitting this spare two-hander was being staged during the holiday season ... -more-

Why is housing in booming U.S. cities increasingly unaffordable to everyone but the wealthiest? In early September The New York Times published a provocative op-ed that answered this question from a market-oriented perspective. Drawing on their widely cited 2015 paper, “Why Do Cities Matter? Local Growth and Aggregate Growth,” urban economists Chang-Tai Hsieh of the University of Chicago and Enrico Moretti of the University of California, Berkeley contended that “[s]ince the 1970s, a property-rights revolution—what critics call Nimbyism, from ‘not in my backyard’—has significantly reduced the development of new housing stock, especially in cities where the economy is strongest,” thereby driving prices up to their current astronomical levels. Moreover, by impeding worker mobility and recruitment, “too-stringent housing regulations in high-wage, high-productivity cities” have resulted in “slower economic growth, fewer jobs,” “lower wages across the nation,” and ultimately “forgone gross domestic product” of $1.4 trillion. -more-

Of the fifteen bills in the “housing package” signed into law by Gov. Jerry Brown on September 29, the one that got the most attention in the media was State Senator Scott Wiener’s SB 35—and for good reason: SB 35 goes a long way toward “putting teeth” in California’s Regional Housing Needs Allocations, the number of housing units whose each city’s and county’s zoning must accommodate. Moreover, the bill’s provisions for “by-right” approval of certain multi-family, infill developments both circumvent the California Environmental Quality Act and eliminate negotiations with developers over community benefits.

But two other items in the package, SB 167 and AB 1515, that either got much less publicity (SB 167) or virtually none at all (AB 1515) will likely do much more damage to the democratic governance of land use in the state. Both amend California’s Housing Accountability Act, a once-dormant law now being exploited by Bay Area Yimbys. -more-

Do the residents of Berkeley’s District 8 know that their Councilmember Lori Droste is positioning herself as the Joan of Arc of unrestrained development density?

Last Tuesday Droste spearheaded the ill-conceived crusade by some Berkeley City Council members to prevent current residents from commenting on developers’ plans to build semi-affordable housing projects. The goal is to allow planning department staff to approve projects which claim a high percentage (~50%) of affordable units without the approval of those annoying citizens’ land use regulatory commissions (not the Zoning Adjustment Board, nor its Design Review Committee, nor the Landmark Preservation Commission). Eager sponsors (Droste, Bartlett, Arreguin, Worthington) characterized this truncated process as “ministerial” rather than “discretionary” approval. They proudly claimed that there would be no opportunity for citizens to appeal such decisions if their proposal should become Berkeley zoning law. Swell.

District 6 Councilmember Sophie Hahn (who is among other achievements a graduate of Stanford Law School though she no longer practices law) tried patiently and even eloquently to explain the many, many legal problems with a plan like this, but she got exactly nowhere with the gung-ho proponents.

Instead, they spoke in glowing terms of their desire to create a bulletproof set of simple-minded standards which could be easily enforced by staff without messy citizen input which would magically produce affordable housing very very soon. This, remember, is the same Berkeley Planning Department staff which permitted the approval and construction of the Library Gardens apartments with resulting fatalities. -more-

As the author of the Berkeley City Council resolution requiring that the Council approve and be informed of past items acquired by our Police Department through the Department of Defense 1033 Program, I want to respond to concerns in Mr. Martinot’s Op-Ed. I also want to further explain my intent.

I am deeply concerned about the blurring of the lines between the military and our police. Our country was founded on the principles of the military and police being subordinate to civilian control and clear boundaries between the civilian sphere and the military. The 1033 Program as now conceived under President Trump has the potential to subvert these principles by: (1) facilitating transfers of excess defense material that is often wholly inappropriate for police-use, and (2) doing so without local civilian oversight.

I share the goal of a complete prohibition of participation in the program. Mr. Martinot’s arguments that future Councils may be less skeptical about this program and that interacting at all with the federal security state is the slippery slope are well taken. However, given the range of views on the Council and lack of awareness about this program generally, I was not confident that a prohibition would be politically and logistically feasible in the short-term. My item remedied the immediate harms posed by a lack of oversight and transparency and started a vitally important conversation within the Council, the Police Review Commission (PRC), and the public. The item initiated a process at the PRC that will require the Council to revisit the issue.

Mr. Martinot questioned whether the City Council “can establish the right to oversee, and to confirm before the fact … equipment the Berkeley PD will request from Project 1033.” The California Office of Emergency Services, which administers the 1033 program in California, confirmed that local governments can limit use of the program. Further, local oversight of this program is the official recommendation of the American Civil Liberties Union. We are the first city in the country to take any action on this front; our legislation is now being used as a national model.

In his Op-Ed, Mr. Martinot incorrectly suggested that the Council “renewed its membership in Project 1033” at the November 14 meeting. The BPD likely enrolled in the program sometime after it was created in 1997, without any required Council action. Increasing transparency, implementing immediate oversight, and seeking more information pending further consideration of the program that has existed in near secrecy is not tantamount to a “renewal.”

Finally, Mr. Martinot suggests that “[t]he Berkeley police department has been amassing military weaponry and military grade surveillence [sic] equipment for years now – assault rifles, grenade launchers, stingray technology, etc.” To date, I have found no indication of these materials coming from the 1033 program but am concerned that the record keeping on this point is wholly inadequate. The City Manager reported on November 28, 2017 that the BPD recalls acquiring ballistic helmets through the 1033 program but no longer has the helmets or any other material from the 1033 program in their inventory. We need more than recollection; we need documentation.

This issue is just one of many involving protection of privacy, civil liberties, civil rights and transparency facing the Council in the very near future. After voting to prohibit BPD’s participation in the Northern California Regional Intelligence Center (NCRIC) and Urban Shield, I have continued to push for withdrawal from both NCRIC and Urban Shield. Early next year, we will also be considering the proposed Surveillance Technology Use and Community Safety ordinance, which will help implement critical oversight over surveillance technology and contribute to protecting our privacy.

We need to remain vigilant. -more-

I found this [article] interesting since affordable housing is an issue in Connecticut and NYC as well, something I follow and support, yet no housing is truly affordable without sustainable employment:

https://www.nytimes.com/2017/12/01/business/economy/single-family-home.html?_r=0

1310 Haskell St. in Berkeley is all about doing well for the neighborhood and the larger community.

The builder is not creating affordable housing selling three new units for $1M each. If the property was sold for $650,000 in 2015 needing work, the Investor will be the only big winner here. Would this have been a different story if the next-door neighbor bought the property to renovate it to a comparable quality neighborhood value? Or a Neighborhood Development Corporation renovating for an owner occupant with a deed covenant restricting resale for profit? Or an owner occupant using a FHA 203K rehabilitation loan? -more-

At the December 5 meeting, City Council will take up a matter continued from November 28: Item C titled 1 “Ministerial Approval of Zoning-Compliant Affordable Housing”. The item proposes that two public interests are at odds:

• early public participation in the land use entitlement process vs.

• the development of privately operated subsidized housing.

Item C proposes to sacrifice the former for the sake of the latter. This council item is admirable in its intent, which is to better facilitate the creation of housing offered at affordable prices. Unfortunately, the item is based on a misreading of the research it cites. It is also not supported by any analysis of Berkeley’s own conditions. My analysis suggests that the item is unlikely to advance its stated aim. Worse, as written, it is virtually certain to have negative consquences. I recommended that the item be amended as described below and then passed, but that it not be passed in its present form.

For the full analysis, click here. -more-

Though it proclaims itself against police militarization, Berkeley City Council has renewed three militarizing federal relationships: the Fusion Center (NCRIC), urban surveillence technology, and Project 1033. It apparently does not see how these projects work together, nor that they are pro-militarist. And in its conceit, it thinks it can control them each separately. That is a mistake.



Police militarization

In his familiar twisted fashion, Trump briefly proposed lifting a ban (instituted by Obama) on obtaining trophy elephant parts. (The ghoulishness of that sentence just makes me shudder.) The "trompeur" opined that this would be a "conservationist" measure toward elephants, an endangered species, because the act of recognizing and honoring the hunters would obviate bootlegging. Transparency in destructiveness? Hunters don’t just hunt for fun. They do it for profit. Conservationism does not mean acquiescing to profit hunger.

Here in Berkeley, City Council and the Mayor proclaim themselves opposed to further militarizing the police. Yet on Nov. 14, 2017, Berkeley City Council renewed its membership in Project 1033, a program begun in the 1980s of bestowing military equipment on police departments. The Berkeley police department has been amassing military weaponry and military grade surveillence equipment for years now – assault rifles, grenade launchers, stingray technology, etc. -more-

Editor's Note: The latest issue of the Pepper Spray Times is now available.

You can view it absolutely free of charge by clicking here . You can print it out to give to your friends.

Grace Underpressure has been producing it for many years now, even before the Berkeley Daily Planet started distributing it, most of the time without being paid, and now we'd like you to show your appreciation by using the button below to send her money.

This is a Very Good Deal. Go for it! -more-

2017 political news contained two preeminent images: Donald Trump and sexual assault. Trump's objective has been to be dominate the news each day. Nonetheless, beginning with revelations about the sexual behavior of movie producer Harvey Weinstein, Trump tidings were pushed aside by reports of celebrity sexual misconduct. (Time Magazine recognized this by naming "the silence breakers" their persons of the year.) The two images are connected. Trump has been accused of sexual assault. And the Republican Party is engaged in systematic rape of American workers.

A little over a year ago, Donald Trump's presidential campaign was momentarily derailed by the release of a salacious recording where Trump bragged about assaulting women: "When you're a star, they let you do it, you can do anything... grab them by the pussy." Amazingly, Trump survived this. His most ardent supporters came to regard the recording as "fake news." Mainstream Republicans adopted the attitude, "Whatever Trump may have done in the past, he's preferable to Hillary Clinton."

During 2017, Donald Trump put his imprint on the Republican Party and, in the process, "normalized" sexual assault, for the Party faithful. We see this in GOP support for Alabama Senate candidate Roy Moore. Multiple women have come forward with tales of Moore's sexual misbehavior -- one of the women was 14 when Moore assaulted her. The mainstream Republican response is, "Whatever Moore may have done in the past, he's preferable to the Democratic candidate."

Republicans have adopted the dubious ethical maxim: "the end justifies the means." And they have gone farther; they've adopted the tactics used to denigrate sexual assault victims. We can see this in the Republican tax plan that passed the Senate in the early hours of Saturday, December 2nd. -more-

There can be so much more to life than riding in a van to a "day treatment" program, spending the day there taking about your problems and hearing others talk about theirs, riding back to a "board and care," and looking forward to another night of watching television, and eating bad food, bought at Costco, for dinner. -more-

Antipsychotic medication can impair concentration. When concentration is difficult, we might be more tempted to do mindless things and we might not try to do anything that requires concentration. However, this is the first step toward what I will call "brain atrophy."

A large dose of antipsychotic medication can actually make it painful to concentrate. Concentration and focus are capacities that should not be relinquished. Fortunately, there are ways that we can retain our valuable mental capacities.

Just because an authority has told you that your brain has a defect, it is not a good reason to give up on your mind. While life circumstances and a psychiatric illness may dictate to us that we need to be medicated, we should value ourselves enough to realize that we still have a good mind. -more-

On December 1, 2017, the U.S. Senate passed the GOP tax bill. Now that this irresponsible GOP tax bill -- with massive tax cuts for Trump and his wealthy friends and large corporations -- will now likely become law, ordinarily I would expect voters to punish those who voted for this shameful bill at the midterms and beyond. -more-

Midway through the show of 'This Wide Night,' a Bay Area premiere by Anton's Well Theater Co. of British playwright Chloë Moss' work, now running weekends at the Berkeley City Club, it occurred to me that it was fitting this spare two-hander was being staged during the holiday season ... -more-

On Friday evening, December 8, at the War Memorial Opera House, the 2017 crop of Adler Fellows gave a concert that was remarkable for the high standard of singing by all participants. There was hardly a singer in the entire program who did not demonstrate outstanding talent, and even those who fell slightly short of the highest category always showed sufficient promise to expect that in a year or two they too will be outstanding. -more-

December 19 is the last City Council meeting before the winter recess. The agenda is posted and available for comment. Of note: Item 40a – Police Review Commission (PRC) calls for the repeal of the use of pepper spray, 40b. BPD and City Manager counter the PRC to retain use of pepper spray.

https://www.cityofberkeley.info/Clerk/City_Council/2017/12_Dec/City_Council__12-19-2017_-_Special_Meeting_Agenda.aspx



Sunday, December 10, 2017

No city meetings or announced demonstrations,

Monday, December 11, 2017

City Council Special Meeting, Mon, Dec. 11, 10:00 am – 4:00 pm, enter at 2031 Bancroft Way, Main Branch Library Community Room 3^rd floor, agenda: Brown Act, Ethics, Principles of Good Governance

Youth Climate Lawsuit –Fundamental & Constitutional Right to a Livable Climate, Mon, Dec. 11, 10:00 am – 12:00 pm, Ninth Circuit Court of Appeals, 95 - 7^th Street, San Francisco, Appeal is to lift temporary stay and let lawsuit on a livable climate proceed.

https://350bayarea.org/event/childrens-climate-lawsuit-federal-government

Tax the Rich rally – Mon, Dec 11, winter hours 4:00 pm – 5:00 pm top of Solano in front of closed Oaks Theater,

Youth Commission, Mon, Dec 11, 6:30 pm, 1730 Oregon St, Martin Luther King Jr. Youth Services Center, agenda: homeless youth, DACA

http://www.cityofberkeley.info/Clerk/Commissions/Commissions__Youth_Commission_Homepage.aspx

Civic Arts Policy Subcommittee, Mon, Dec 11, 6:30 pm, 2020 Shattuck Ave, Comal, agenda: draft cultural plan

http://www.cityofberkeley.info/CivicArtsCommissionHomepage/

Tuesday, December 12, 2017 Hannukah

4x4 Committee (4 City Council members 4 Rent Board Members), Tue, Dec 12, 9:00 am, 2001 Center St, 2^nd Floor, Rent Board Law Library, agenda discussion rent ordinance and ADU, limit rent increases, demolition ordinance mitigation fee

https://www.cityofberkeley.info/Clerk/Home/4x4_Committee_Homepage.aspx

Board of Library Trustees - Bylaws Subcommittee, Tue, Dec 12, 12:00 pm, 1125 University Ave, West Branch Library https://www.berkeleypubliclibrary.org/about/board-library-trustees

Homeless Commission – Encampment Subcommittee, Tue, Dec 12, 7:00 pm – 9:00 pm, 2939 Ellis, South Berkeley Senior Center, agenda: process for or establishing policy for sanctioning encampments

http://www.cityofberkeley.info/Clerk/Commissions/Commissions__Homeless_Commission_Homepage.aspx

Wednesday, December 13, 2017

Police Review Commission, Wed, Dec 13, 7:00 pm – 10:00 pm, 2939 Ellis St, South Berkeley Senior Center, agenda: body worn cameras BPD presentation, use of force

http://www.cityofberkeley.info/Clerk/Commissions/Commissions__Police_Review_Commission_Homepage.aspx

Thursday, December 14, 2017

Berkeley Rent Stabilization Board Habitable and Sustainable Housing Committee, Thur, Dec 14, 5:45pm, 2001 Center St, 2^nd Floor, Rent Board Law Library, agenda: external disaster recovery plan, green building standards, EV charging stations, elevator ordinance http://www.cityofberkeley.info/rent/

Community Environmental Advisory Commission, Thur, Dec 14, 7:00 pm – 9:00 pm, 1901 Russell St, Tarea Hall Pittman South Branch Library,

http://www.cityofberkeley.info/Community_Environmental_Advisory_Commission/

Mental Health Commission, Thur, Dec 14, 7:00 pm – 9:00 pm, 1901 Hearst Ave, North Berkeley Senior Center, agenda: Mental Health Crisis response

http://www.cityofberkeley.info/Clerk/Commissions/Commissions__Mental_Health_Commission_Homepage.aspx

Zoning Adjustments Board, Thur, Dec 14, 7:00 pm – 11:30 pm, 2134 MLK Jr. Way, City Council Chambers

1805 Franklin – appeal of administrative use permit to construct addition to 1-story residential adding 148 sq ft to 1^st floor, 921 sq ft 2^nd floor,

2100 San Pablo – former U-Haul site, construct mixed use 96 unit residential care facility

2928 Ellsworth – renovate 4 bedroom dwelling to 8 bedrooms and construct 130 sq ft addition and 125 sq ft detached accessory building w/full bath,

1050 Parker – construct 61,000 sq ft commercial building for medical offices and R&D, 119 parking spaces,

http://www.cityofberkeley.info/zoningadjustmentsboard/

Friday, December 15, 2017

Councilmember Cheryl Davila office hours, Fri, Dec 15, 10:00 am – 12:00 pm, 2265 Fifth Street, Tomate Café,

Sierra Club Members leadership/chapter elections, voting deadline Fri, Dec 15, 2:00 pm, https://www.sierraclub.org/san-francisco-bay/2017chapterelections

Saturday, December 16, 2017

East Bay DSA is canvassing Sat, Dec 16, 1:00 pm – 5:00 pm South, West and North Berkeley to support Single Payer Health Care

Sunday, December 17, 2017

No city meetings or announced demonstrations -more-

On Sunday afternoon, December 3, New Zealand-born tenor Simon O’Neill gave a recital at Hertz Hall. He was accompanied by fellow Kiwi Terence Dennis on piano. Both O’Neill and Dennis are much decorated artists with considerable international experience. For this recital they were also joined by the Pati brothers, Pene and Amitai Pati, who also hail from New Zealand. -more-

As the holidays approach, there has been much in the news about retail sales and online shopping. Yet, it is those shoppers who look for unique and special gifts that make an impact. And, this is where the holiday craft fair has an advantage over retail or cyber shopping. One of best and long-standing of such fairs in the Bay Area is the Craneway Crafts Fair. Now in its 47th year to benefit KPFA Radio, on the weekend of Dec. 16 & 17, it will provide the most diverse and beautiful holiday shopping experience ever. -more-

Only two City Council meetings are left before the winter recess with important items on both agendas, December 5 (surveillance technology, community benefits) and December 19 (repeal pepper spray ordinance). City Boards and Commissions are winding down although this week is still busy. HAC meeting Thursday includes Brown Act training. -more-