Public Comment

Two weeks ago I attended a presentation at the West Branch of the Berkeley Public Library by a fellow who runs a business selling pot in this town. Asked to move his business for the second time because it was too close to schools and children, he now seeks to occupy a large space at University Avenue and San Pablo Avenue that used to be a pet supply store—on the same block as the Berkeley Public Library’s West Branch, where school kids go to read, attend events, and access the Internet.

After hearing what the marijuana seller had to say, along with two local businesses and some neighborhood residents, I came away thinking this isn’t the best idea in the world. 

This business is asking everyone in town to make a big, continuous sacrifice. I don’t live near University Avenue at San Pablo, but I drive through it pretty often. It is one of the most congested intersections in town. The marijuana store will add over a thousand more vehicles a day to the already-sluggish mass of traffic—affecting not only the immediate neighborhood, but everyone in Berkeley who wants to get on or off the freeway at University Avenue—as well as anyone who goes through this intersection heading North or South on San Pablo. 

Future plans of the marijuana business include a lounge for on-site weed consumption. In its present location people smoke or ingest marijuana on site and leave the business high on pot. After toking up, members of the ‘marijuana club’ are required to leave the premises after 30 minutes. This brief interval gives customers enough time to get well and truly stoned before stepping onto the sidewalk—or getting into their cars—to clear the room for more customers to get high, go into the neighborhood and cars, ad infinitum. 

In ten hours of operation 20 groups of freshly-loaded customers can hit the streets. Given the power of today’s pot products, they can be very high indeed. Does anyone want them getting into their cars at University and San Pablo? Because really, there is nowhere to hang out around there when you’re high…. 

Exhibit 1: California Penal Code 647f: “[A person is guilty of disorderly conduct if] found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.” 

Exhibit 2: This business will employ full-time security personnel inside and outside of the premises. What prospective acts by patrons of this business—or people who come to this area to target said weed-carrying patrons, or the contents of the business iteself—makes this formidable presence necessary?  

The strength of Berkeley’s police force is already too small to adequately police our community. It doesn’t make sense to add a huge attractive nuisance to this highly visible corner. 

The defunct pet food store is three times larger than the business’ current premises, which means that the current volume of 800 – 1,000 customers a day may increase by a factor of two or three, to be added to the dense traffic in this busy, very slow, intersection—and the parking lot in the center of the block occupied by the pet food store and the Berkeley West Branch Library. 

If getting high on the premises is allowed by a compliant Mayor and City Council, Berkeley residents, including school-aged children going to and from the public library, will have to negotiate sidewalks and streets clogged with out-of-area stoners. 

Exhibit 3: Legal Liability. Just as a bar and/or its employees are legally responsible for injuries to and caused by patrons permitted to leave the bar too intoxicated to drive, the pot business—and perhaps the City of Berkeley itself—will be a target for legal actions if high-flying marijuana customers come to grief driving while high in this congested traffic area; wandering into moving traffic; or committing inadvertant or intentional acts that result in injuries or losses. 

Among the Residents at the meeting were a few cheerleaders, including the owner of the barbecue on San Pablo, who anticipates more customers, and the owner of the parking lot in the center of the block, who gave his okay. There were also some people who live nearby who expressed serious misgivings. One woman doen’t want the extra traffic and out-of-area interlopers. Another woman was also uneasy about a lot of people unknown to the neighborhood coming around who might affect her personal safety. 

Exhibit 4: The parking lot between the old pet store and the .99 cent store serves quite a lot of Berkeley residents of limited means, and seniors, who rely on .99 cent for affordable household supplies and food stuffs.  

It is already difficult for cash-strapped households to find parking at peak hours; it will become seriously over-crowded by adding a high-volume stream of pot customers.  

Is it sensible or right to deprive individuals of limited means access to essential supplies they cannot otherwise afford? 

Liquor stores and bars are situated away from the most-used intersections. Should a marijuana bar be situated next to a public library used by school children? 

Does it make sense to make already heavy traffic even worse? 

These concerns may as well be put to Berkeley’s City Council members before the upcoming Council meeting on Tuesday, February 25 at 7:00pm, when they will consider whether to grant this business permission to let customers get high right there on University and San Pablo. 

They already have all the permits they need to relocate next to the library, thanks to the wham, bam, thank you ma’am, streamlined relocation procedure due to get its second reading (and enactment) on: 

Tuesday, Feb. 25th, 2020 

In the Old Adult School, School District Board Room 

1231 Addison Street, Berkeley, CA 94702 

After that they will still need a use permit for the smoking lounge—and will probably get that and anything else they want—unless enough Berkeley residents show up and express another point of view. 

Concerned citizens can also call and write to: 

Mayor: Jesse Arreguin, 981-7100, mayor@cityofberkeley.info 

District 1: Linda Maio, 981-7110, lmaio@cityofberkeley.info 

District 2: Cheryl Davila, 981-7120, cdavila@cityofberkeley.info 

District 3: Benjamin Bartlett, 981-7130, bbartlett@cityofberkeley.info 

District 4: Kate Harrison, 981-7140, kharrison@cityofberkeley.info 

District 5: Sophie Hahn, 981-7150, shahn@cityofberkeley.info 

District 6: Susan Wengraf, 981-7160, swengraf@cityofberkeley.info 

District 7: Kriss Worthington, 981-7170, kworthington@cityofberkeley.info 

District 8: Lori Droste, 981-7180, ldroste@cityofberkeley.info