Madam DA charges Alameda cops

Last Thursday, a couple of days after an initiative petition to recall her qualified for the November ballot, Alameda County District Attorney Pamela Price announced that she was filing involuntary manslaughter charges against three Alameda police officers in connection with the death of Mario Gonzalez.

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Election reform?

Will there ever be “election reform” in Alameda?

If you’re talking about ranked‑choice voting, the answer is (probably), not any time soon.

But if you’re talking about district elections, the answer is a qualified maybe – but not for the right reason.

This assessment reflects, in part, a political prognostication.  But it also stems from our sense that, in Alameda, election reform of whatever sort is a solution in search of a problem.

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The bank of Alameda

A few weeks ago, the Chronicle ran a story about the financial trials and tribulations of Firebrand Artisan Breads, the “socially conscious” bakery that opened a café at Alameda Point last June.

There was the wage theft lawsuit filed by a former employee.

There was the separate wage‑theft claim filed with the California Department of Industrial Relations.

There was the lawsuit filed (and since settled) by KYF Global Partners, a New Jersey lender that had advanced $1 million to the company.

And then, buried deep in the story, was the item that caught the Merry‑Go‑Round’s eye:  a $300,000 “business development loan” owed to . . . the City of Alameda.

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Motel Alameda

The recent history of the Marina Village Inn, which comprises three two‑story buildings on the northern waterfront between the Encinal and Oakland Yacht Clubs, has been convoluted, to say the least.

Before the COVID‑19 pandemic, the property consisted of a 51‑unit motel offering views over the Oakland Estuary.

Then, from May 2020 to January 2021 the County of Alameda leased the entire motel on a month‑to‑month basis to provide shelter for unhoused women and children as part of the state’s Project Roomkey program.  Thereafter, from January through March 2022, it served as a quarantine/isolation facility for persons exposed to the coronavirus.

When the COVID‑related programs ended, the property reverted to commercial use as a motel, garnering a host of negative reviews on Yelp and TripAdvisor.  But the idea of turning it into a facility serving the homeless population didn’t go away.

At one point, when the City of Alameda was deciding how to spend the $28.68 million in federal funds it received under the American Rescue Plan Act, staff considered buying MVI and renovating it for permanent supportive housing.  Toward that end the City issued a Request for Proposals for a project seeded with the ARPA money and funded by a state Project Homekey grant.  There were no takers, and the City’s focus shifted to the so‑called bottle parcel.

Finally, as of May 2023, MVI became a medical respite facility – calling itself Eddie’s Place – for formerly homeless patients discharged by Alameda Health System hospitals.  (It also apparently accepts patients referred by other health‑care organizations, including Anthem/Blue Cross and the Alameda Alliance.)  Nursing and other health services are provided by a non‑profit company known as Cardea Health under a $2.8 million contract with AHS.  (Cardea Health delivered similar services during the three months the property was used for quarantine and isolation.)  Five Keys, the non‑profit outfit with whom the City contracted to manage Dignity Village, is the property manager.

Today, very few people who live and work in the area – or elsewhere – would dispute the benefits of providing shelter for formerly homeless people upon their discharge from the hospital.  Indeed, under California law, a hospital can’t send such patients back onto the street.  But the way in which that goal has been implemented at the Marina Village Inn, many would say, has turned the motel into a disaster zone.

Since Eddie’s Place opened, nearby residents have reported multiple incidents of confused or distraught patients wandering outside the facility.  For example, a resident saw an older man wearing white hospital wrist bands sitting on a seated walker and pushing himself backwards away from the buildings and (he said) “trying to go home.”  In another case, as a junior sailboat race was taking place on the Estuary, a woman wearing white hospital wrist bands was observed undergoing crying jags as she stood next to an empty stroller in the parking lot.

There have been other instances of more disturbing conduct by patients.  One resident reported seeing a person being chased as he jogged down the Bay Trail by an Eddie’s Place patient waving a bat or club.  Other residents watched a man with casts on both arms screaming “Motherfuckers” at a flock of geese one morning as he “herded” them across Shoreline Park into the lagoon that separates the park from the Marina Village HOA.

Worst of all, last November, a gun‑wielding patient barricaded himself in his room and engaged in a three‑hour standoff with Alameda police.  The situation became so fraught that the cops brought their Emergency Response Vehicle – aka “The Tank” – to the scene.  (It didn’t need to be used.)

Moreover, through January 29, 2024, the Alameda Fire Department has been called to the site 116 times – almost once a day – to respond to calls for Emergency Medical Services, including 11 visits by the CARE team.

Finally, in January, the AFD Fire Marshal and a City building official inspected the property.  Eddie’s Place “failed” the fire inspection, and the building inspector found a host of “moderate” or “severe” hazards.  On January 25, the City issued a notice of violations of the Alameda Municipal Code, including failure to obtain the permits required to change the use from a motel to a medical respite facility.

Except for the recent inspection, no governmental body or agency appears to have taken responsibility for ensuring the safety of Eddie’s Place patients or nearby residents.  Unlike Dignity Village, which was built on the City‑owned bottle parcel, MVI is privately owned, and the City of Alameda did not select the program operator.  Likewise, unlike Project Roomkey, the County of Alameda does not fund the project.  One might wonder whether Alameda Health System has any continuing responsibility for the patients it discharges to Eddie’s Place, but its spokesperson did not respond to our request for comment.

This is not to say that City and County officials are unaware of the situation.  Serena Chen, the senior policy advisor to Alameda County Supervisor Lena Tam, lives nearby, and she has taken the lead in arranging meetings between residents and the facility managers and sending updates to the community.  (Ms. Chen also chairs the City’s Open Government Commission.)  Likewise, the City’s Public Information Officer, Sarah Henry, gave us a statement declaring that, after the January inspection, “the City inspectors will continue to follow up and remain in communication with the property owners and Cardea Health.”

So what happens next?  Cardea Health’s lease for MVI apparently runs through April, which is when its contract with AHS is up.  At the most recent community meeting, Alexis Chettiar, Cardea Health’s CEO, told the attendees that she would be willing to move the program to another location – provided that the residents and businesses paid $200,000 for relocation expenses.

The Merry‑Go‑Round has tried to piece together the story of how this state of affairs arose through a review of public documents and interviews with government officials and residents.  We’re not positive we’ve been able to get the full story, but it surely seems like somebody dropped the ball – and no one is willing to pick it up.

Cardea Health obtained its contract with AHS to operate a medical respite facility at MVI in April 2023.  No notice to the community about the proposed use went out beforehand.  Rather, the item simply appeared on the agenda for an AHS Board of Trustees meeting.

Under the contract, Cardea Health agreed to provide 20 rooms per month for patients discharged from AHS hospitals or acute rehabilitation centers from May 1, 2023 through April 30, 2024.  It also promised to provide three meals a day, nursing care and housing placement assistance.  The per diem rate was $379; the total contract price was $2,766,700.  Patients transported to the facility could leave at any time; the maximum stay was 120 days.

The staff report does not disclose what due diligence, if any, AHS did of the MVI buildings or Cardea Health before it entered into the contract.  We asked AHS’s media and communications manager, Eleanor Ajala, to find out whether AHS conducted any pre‑contract site inspection; we did not hear back from her.  Nor do we know whether AHS obtained any information about Cardea Health’s financial condition before it signed the deal.  What we do know is that, according to the Form 990 filed with the I.R.S., for the 2022 tax year Cardea Health earned total revenue (consisting of management fees and program service fees) of $3,637,296 and incurred total expenses of $2,301,988 (a profit margin of 37 percent).  The two co‑founders, Ms. Chettiar and Catherine Hayes, each were paid an annual salary of $222,635.

Nevertheless, the staff report described Cardea Health as a “reputable provider in the community” for unhoused people.  “Unlike our current providers,” the report stated,

Cardea can care for patients that require isolation, care for patients with a higher level of acuity, and will decrease the average length of stay both in acute hospital setting and in our shelters. This will result in decreased discharge times, decreased new patient wait times, decreased costs, and increased revenues.

One topic omitted – glaringly, one might say – from the staff summary of the contract was safety and security.  There are no fences or other barriers separating MVI from adjacent properties, including a shared parking lot and the Panomar Apartments.  In addition, the motel rooms have floor‑to‑ceiling sliding glass doors that permit a patient (or a visitor, wanted or unwanted) to come and go without having to pass through a central location.  And the buildings lack a fire sprinkler system.

Cardea Health told neighbors that Five Keys, with whom it had contracted as property manager, would employ two “ambassadors” to be “on duty at all times to monitor visitors” and “to make sure guests are safe.”  Obviously, given the ease of ingress and egress to the motel rooms, this arrangement wouldn’t enable the “ambassadors” to keep tabs on the entire patient population or visitors throughout the day.  But that was it.  (We emailed a list of questions, including an inquiry about safety and security issues, to Ms. Chettiar; she did not respond.)

After Eddie’s Place had been open for about three months, a group of nearby residents and business owners met with Cardea Health and Five Keys.  Among the “key issues” raised by the neighbors was the “need for increased monitoring and security” at the facility.  “There is not sufficient staff to monitor a handful (5‑6) disruptive guests whose disruptive and non‑compliant behavior has posed a danger to themselves, staff, other guests who are more medically frail, and to those who live, work, and recreate in this area,” the meeting summary states.  “Some MV residents report walking less to avoid confrontations with individuals who appear to be having a mental health crisis and/or angry or shouting.”

In response, Ms. Chettiar told the neighbors that Cardea Health had to “rely on the referring agencies’ reports as to the guests’ physical/medical/mental/emotional status.”  When it became “apparent that a guest is unable/unwilling to comply with the participant agreement,” she said, it took Cardea Health up to seven days to be able to discharge a guest to a “more appropriate placement.”

Then came November 12.

Here’s the description of events subsequently circulated to the neighbors:

Last month a disagreement between two Eddie’s Place guests erupted into violence when one aimed a gun directly at the other and then the armed guest ran into his room and refused to come out. Staff were unable to defuse the situation and Alameda Police were called and the city’s SWAT Team and armored vehicle were deployed. The entire area surrounding the facility was ordered to shelter in place for three hours after which time a nurse was able to convince the armed guest to surrender. This completely disrupted the neighborhood for the 3 hour stand‑off on a Sunday afternoon when many people frequent the three restaurants, sailing classes, and the docks.

When we contacted Captain Matt McMullen at the Alameda police department, he referred us to a published summary that essentially corroborated the preceding version of events:

During the above listed date and time [November 12 at 3:20 p.m.], APD officers responded to a disturbance at the above listed location. Once on scene, it was determined that an adult male suspect and adult male victim were involved in an argument. During the argument, the suspect pulled out what appeared to be a real firearm and pointed it in the face of the victim. The suspect made verbal threats to the victim’s life and then retreated back into his residence and barricaded himself. Multiple attempts to de‑escalate the situation and have the suspect surrender peacefully were initially unsuccessful. The APD Critical Incident Response Team (CIRT) was activated and Alameda Fire Personnel were summoned to the scene to standby for medical needs. After a few hours of negotiating with the suspect, he finally surrendered and was taken into custody without incident. A BB gun was located at the scene. The Emergency Response Vehicle (ERV) was used at the scene and then put back in its storage location. There were no reported injuries.

After the incident, one nearby resident, a retired supervising construction inspector for East Bay M.U.D., tried to get the City of Alameda more involved with the oversight of Eddie’s Place.  He sent an email to Mayor Marilyn Ezzy Aschcraft – and never got a reply.  The retired inspector had better luck with the fire department.  Repeatedly expressing concern about the lack of fire sprinklers at the property, he urged AFD to conduct an inspection, and, after several months of back‑and‑forth, AFD agreed.

A joint inspection by Fire Marshal Justin Hearn, two other AFD inspectors, and “Acting Building Official” Eric Shimp from the City occurred on January 23.

According to Mr. Hearn’s subsequent report, Eddie’s Place “failed” the fire inspection.  The report directed that emergency lighting should be installed at all exits, hallways, stairwells, and common areas, and it identified several other items requiring attention.  A re‑inspection was scheduled for February 17.  (We don’t know if it occurred.)

Similarly, Mr. Shimp found numerous “moderate” or “severe” hazards at the facility:  An “R‑1” motel had been converted to “R‑2” or “I” occupancy without proper permits, the report stated.  In addition, there was no evidence of emergency egress lighting in any of the common areas, rooms, or interior egress paths; and the buildings did not have sprinklers.  All three items posed “severe” hazards.

On January 25, Mr. Shimp sent a formal notice of violations to the building owner, one Olga Bortnik, at an address on Wilshire Boulevard in Los Angeles.  The notice identified six violations of the Alameda Municipal Code, including the failure to obtain required permits, lack of emergency lighting, and absence of fire sprinklers.  It demanded that the owner “abate” four of the six specified violations by February 26 and the other two by May 27.  (Again, we do not know what, if anything, has been done in response to these demands.)

Cardea Health’s contract with AHS, which runs through April 30, allows either party to terminate without cause on 30‑days’ notice.  Will the building owner insist that Cardea Health exercise that option rather than comply with the City’s directives?  If so, what will happen to the patients who now reside at Eddie’s Place or whom AHS planned to send there in the next two months?  And if not, how safe will the facility be for patients and neighbors in the meantime?

We think these are questions that ought to be answered.  The parties involved who failed to respond to the Merry-Go-Round’s inquiries – AHS and Cardea Health – don’t owe any answers to us.  Indeed, they may have no legal obligation to defend their actions or disclose their plans to anyone.  But maybe if they started getting calls from elected officials or others in authority, they’d be more forthcoming.  Until that happens, it will be left to citizens like Ms. Chen and her neighbor, the retired inspector, to keep on fighting for the well-being of Eddie’s Place patients and the surrounding community.

Editor’s note:

Three days after the above column was posted, we received the following email from Eleanor Ajala of Alameda Health System, which (ironically) Outlook send to the spam folder:

Here are answers to your questions:

1.) Did anyone at AHS, or on its behalf, conduct an inspection of the property before AHS entered into the agreement, and, if so, what were the results?

No. Alameda Health System (AHS) does not oversee facility maintenance or inspections of Eddie’s Place. Cardea Health manages the facility. However, AHS conducted a site visit and review of the programs at Eddie’s Place to determine that it can provide suitable, temporary housing for AHS patients who do not require inpatient care but do not have a safe home to return to. AHS contracts 20 of the 50 rooms at Eddie’s Place for discharged AHS patients.

2.) Once a patient has been discharged and transported to Eddie’s Place, does AHS have any continuing responsibility for the health and well-being of the patient and/or for the safety of residents in the nearby community?

Residents of Eddie’s Place receive a wide range of wrap-around services that, together, constitute the safety-net system of Alameda County. Cardea Health offers short-term, post-hospitalization shelter for patients experiencing homelessness who require safe and stable shelter to adhere to treatment plans. AHS provides health care including mental, behavioral, and wellness services. Residents may also receive additional services from the nonprofit, public, and private entities that make up the broader, integrated safety-net. AHS is a pillar of Alameda County’s safety-net system, and we do all we can to continuously improve the well-being of the most vulnerable in our community, whether directly through AHS services or through contracts and partnerships with other entities, such as Cardea Health.

AHS wants Eddie’s Place to be good neighbors and is in active conversations with Cardea Health to ensure they are good neighbors. Cardea Health communicated to AHS that they have met with local residents, including the Marina Village HOA, to discuss concerns related to Eddie’s Place and mitigation strategies.

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Alameda pays its union dues

2023 was a banner year for organized labor.

First came the auto workers represented by the UAW, who won a contract with the Big Three automakers providing for a series of raises totaling 25 percent over the next four years.  Then came the screen writers represented by the Writers Guild and the actors represented by SAG‑AFTRA, who got new contracts with the Hollywood studios granting pay raises and job protections.

And 2024 isn’t starting off too badly, either, at least locally.  Just ask the Alameda firefighters’ union.

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Andrew Thomas: The exit interview (Part II)

If you’re interested in seeing how the transportation system in Alameda has evolved during the 20+ years Andrew Thomas has worked for the City planning department, power up your camera‑equipped drone and take a flight over the island.

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Andrew Thomas: The exit interview (Part I)

The Merry‑Go‑Round will begin 2024 with a bit of hyperbole:

In the last 20 years, no one has had a greater impact on the “built environment” of the city of Alameda than Andrew Thomas.

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The long-awaited DEIB plan

For almost two years, the Merry‑Go‑Round has been waiting for the City to release a “Diversity, Equity, Inclusion and Belonging” plan.

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Council and the CIP ordinance

Capital improvement pass‑throughs, which allow a landlord to add to a tenant’s rent a portion of the cost of improvements to the premises, have become for the Alameda City Council what immigration reform is for the U.S. Congress:  a policy issue repeatedly debated – sometimes rationally, sometimes acrimoniously – but never resolved.

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Zoom doom

The Mayor and Council members – and the rest of those on the dais and in the audience – were caught off guard on November 7 when, during the portion of the meeting reserved for public comment on non‑agenda items, a speaker using Zoom launched into a vile antisemitic tirade ending with “Heil, Hitler.”

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