On People’s Park, Democracy, and Politics

by Memory
Saturday, June 25, 2022, 5:46 PM

Berkeley city council-member Rigel Robinson released a recent article championing the UC’s proposed redevelopment project on People’s Park. This article was accompanied with a statement from council-member Lori Droste’s legislative assistant. The statement compared People’s Park activists to the January 6th insurrectionists.

PART 1:

(https://www.berkeleyside.org/2022/06/23/opinion-how-berkeley-is-housing-the-people-of-peoples-park)

Berkeley council-member Rigel Robinson released an article centered around the need to redevelop People’s Park for support programs and housing. He praises the UC and city council (including himself) for this grand act of charity. However he doesn’t make a strong case as to why these services have to be built on People’s Park. The buildings of UC’s Anna Head complex (directly one block north from People’s Park) are falling apart. They are unsafe, and costly to maintain. Over the past 2 years, this complex has had 4 fires. Why couldn’t this site be razed, and replaced with the proposed new housing complexes? Why not tear down the UC’s Crossroads cafe, and replace it with a dorm? Why not introduce a new dorm in the core part of campus? Could the supportive housing project be built at the eastern edge of Ohlone Park, across the street from the North Berkeley senior center. This would place the building closer to BART, the library, city college and other civic services. (Ohlone Park is significantly larger than People’s Park. A building would fit there with less impact). These are just a few examples to show other other options exist.

This redevelopment project is politically tied to the conquering of People’s Park. It is not a case of the government acting purely for the sake of the greater social good. This development project is conditional to once-and-for-all stamping out a hub of social rebellion and social experimentation. The city could have built a new supportive housing and services hub on the former Telegraph Avenue location of C.I.L. (Center for Independent Living). It was a perfect opportunity the city passed on. Now the location is market-rate housing. The city didn’t care about supportive housing then, because it didn’t achieve the same political goal that building on People’s Park achieves.

The council-member refers to People’s Park as a “a gathering place for [the] unhoused”. Opponents of maintaining People’s Park as a 2.8 acre open space in South Berkeley, often will insinuate (or outright say) that the only people who use the park are homeless. This is factually untrue. Pre-pandemic, the majority of people who visited the park were not unhoused. The park was a refuge for houseless people, but most people who came to the park had places to stay at night. Most of these people came to the park for social reasons, to garden, to play chess, to use the basketball hoops (often students), to grab a free meal (Food Not Bombs), or to vibe (sativa, indica or hybrid). It is a fact that when the pandemic hit, the population shifted more towards the unhoused, as the park became a place where activists and service providers could coordinate mutual aid response for the unhoused. However, pre-pandemic the park was more economically and socially diverse.

Rigel calls People’s Park an “ungoverned space”. There is a truth to this, but the council-member fails to criticize the institutions who walked away from their responsibilities to manage park operations. Robinson seems to place the blame on activists and park preservationists. A decade ago, the UC disbanded the People’s Park Community Relations commission. There was a promise to reinstate the board, with new members and a new focus on community partnership; it was never reinstated. The UC’s main presence in the park is it’s police department, not it’s College of Natural Resources, nor the school of social welfare.

The UC Police had no real oversight, which resulted in systemically abusive behavior that drove a rift between park advocates and the university. Officers would humiliate people with mental-health disabilities. UC police would sporadically harass people handing out food. The department would actively intimidate people who dared to tend to the garden. More egregious behavior by UC police officers over the decades has included: excessive use of force, physical abuse, and at least one known case of an officer with substance-abuse issues shaking down people for drugs.

The city is also responsible for People’s Park being an “ungoverned space”. The city used to lease the park, and co-manage the park with the university. The city broke any commitment it had to People’s Park. There was at one point, many years ago, a plan for the UC to sell People’s Park to the city for one single dollar. However, the state government doesn’t permit any piece of university land to be sold for below market value. The state would not make an exception for People’s Park.

Rigel also wrote: “Changing anything at the park has been a political third rail… for decades”. The only changes that the UC attempted to make to the park did not include input from the People’s Park community. This lack of communication, and lack of community partnership lead to tensions. Most infamously, in 1991 the university had a plan to tear down the free-speech and concert stage, and replace a large swath of the open field with 2 sand-volleyball courts. This was not a concept developed though community discussions. When people protested the changes, UC police shot at people with wood slugs and rubber bullets — an action which only escalated tension. After being erected, the sand-volley ball courts weren’t even used, and the UC itself took them down. (Ironically, the UC would 20+ years later tear down another sand-volleyball court on the north side of campus. This court was popularly used by students and faculty.)

A little over a decade ago, the university once again proposed tearing down the People’s Park stage. A new stage was proposed, but the UC stipulated that the park community could not rebuild it. The old stage was built and donated by activists. The UC wanted the new stage to fully be university property. The new stage would also be more restricted in terms of use. As in 1991, the university made the mistake of not collaborating in a community partnership. The old stage remains.

Rigel says that park has been “frozen in time” since the park protests of 1969 and 1972. That is completely untrue. In 1974, an organic gardening course was created by university students. That same year, a project was started to plant California native species. In 1979 the first iteration of the stage was built, and a vegetable garden on the west end of the park was established. In 1984, the slide and swings were brought into the park. In 1989 the Catholic Workers brought in a trailer to serve as a cafe, which later was towed away by UC police. In 1991, Food Not Bombs began delivering food into the park. In subsequent years in the later 90s, the 2000s and the 2010s, planter boxes and garden beds have come and gone, various plants swapped in and out by various gardeners. More benches were created. There’s been concerts held by various organizations, including UC student groups.

Part II:

(https://www.berkeleyside.org/2022/06/23/opinion-how-berkeley-is-housing-the-people-of-peoples-park#comment-5896527980)

Eric Panzer is the is the legislative assistant of Berkeley council member Lori Droste. He attached a statement to Robinson’s article. He asserts that advocacy for preserving the openness of People’s Park is anti-democratic. He makes an insulting, and ridiculous comparison between Park activists and the January 6th insurrectionists.

The UC is not a democratic institution. For decades, there has been a call to democratize the UC regents. In 1993, the Committee for a Responsible University proposed that half the UC regents should be chosen by California voters through electoral process. The Presidency of the UC is not democratic. When criticism was raised about former Homeland Security Chief Janet Napolitano (who had no experience in the field of higher education) being chosen as UC President, there was no direct democratic action available to stop her appointment. Likewise, the respective chancellors of the different UC campuses are not democratically elected.

Any comparison to People’s Park advocates and the January 6 insurrectionists is insulting and stupid. The Jan 6th insurrection was planned in part by the Proud Boys. While founded in the state of New York, the Proud Boys came to prominence during a series of rallies known as the Battles of Berkeley. During one of these rallies, the Proud Boys marched from Sproul Plaza down to People’s Park for the purposes of threatening people there. The advocates of People’s Park were in direct opposition to the Proud Boys, Patriot Prayer, and the Alt-Right in general.

To follow Panzer’s argument, any protest against any government agency or institution, is tantamount to insurrection and advocacy for fascist dictatorship. Any past or future protest against the University of California, according to Panzer, is treason. The Memorial Oak Grove protest, the Occupy Cal encampment at Sproul Plaza, or any of the numerous building sit-ins that occurred in the 2010s were all acts of conservative fascism by Panzer’s definition. The only true progressive act is to not protest against authority.

The redevelopment of People’s Park is being challenged in court. In part, that is why the UC hasn’t sent in the riot police to shut down the park. Access to the courts is part of the democratic process, and a fundamental freedom. As for direct action on the ground, that too is part of democracy. People have the right to assembly, and the right to take a stand. The UC itself set rules on engaging protest encampments, after the police violence against Occupy Cal. It remains to be seen if the UC follows their own regulations, or if they shut down the park with a burst of extreme violence.

Lori Droste’s assistant wrote: “the Park’s supposed boosters foisted a policy of malignant neglect upon the Park”. This is a dishonest assessment. The neglect has come from the university, the city and the state government. Park advocates for years been the people trying to keep the park from falling apart. They have maintained the plants, and other aspects of the park infrastructure and amenities. They have demanded that the sick, the downtrodden and the destitute be given assistance by the government. It is the government that has ignored these pleas for years, only now to respond on the condition that People’s Park be redeveloped. This bargain is manipulative, dishonest, and uses the needy as pawns in a political game for the purpose of greatly disrupt activism in Berkeley and on campus.

Part III (Conclusion):

The debate is being presented as a false dichotomy. Either the redevelopment plan goes through, or the park’s current conditional state is maintained. In truth, there are other options. Housing and supportive services can be built elsewhere, and there can be a commitment to improving the park through community partnerships and mutual communication.

Another option is compromise, for those who are willing to explore such a path. Perhaps the supportive housing and a service center gets built on People’s Park, and the dorm gets built elsewhere. This puts a new building on site, but leaves more of the open space available for gardening and recreation.

Park advocates aren’t happy with houseless people needing to find refuge in the park. Park advocates aren’t happy with people with ailments going untreated. Yet, Robinson and Panzer are presenting a fallacy that advocates are fighting for this to be the status quo. They insinuate that people are advocating for the continued suffering of others. Their arguments are disgusting at their core, and don’t reflect the type of mutual aid and advocacy that activists in People’s Park have had to offer out of compassion and necessity.

( This article was originally published on IndyBay.org : https://www.indybay.org/newsitems/2022/06/25/18850696.php )

Woodchips and Logs Alert: Take Action to Save People’s Park

From the People’s Park Council, June 16, 2022

Hi all,

We need you to call and email about the dramatic fire danger UC has created in the park over the past weeks.

Logs and Woodchips in People’s Park – photo Elana Auerbach

See below for more photos…

They started with many smaller piles of wood chips on the east side, as people were moving to The Rodeway Inn. Eventually those were mostly spread out by park users.

But then UC started dumping piles of wood chips in the grassy areas of the park, dumpload after dumpload, some mounds about 8 feet high and about as wide. Then the logs of formerly healthy, life-giving trees. We’ve had various counts of how many but around 60 or more is a reasonable count for now.

Monday and Tuesday 2 representatives from the City Manager’s office were out aggressively pressuring people to leave the park in the afternoon, including people who do not sleep in the park but hang out there.

Max from the People’s Park Council asked Okeya Vance Dozier how the city was involved in the dumping of flammable materials all over the park. Okeya said it is the UC doing this. So Okeya was asked the purpose of covering the lawn and was told it is to keep people from being able to put out tents. So this clarifies that the city has contact with UC and is being updated, and the city has aggressively pressured people to leave, threatening that they’d lose all their belongings if they did not submit to having them taken away. Indeed, UC has trashed tents and bedding, and personal belongings of many over the weeks. Meanwhile, while UC and the city was pressuring people to go to The Rodeway, telling them they’d have 18 months there, and services, the moment they were there they were being threatened with eviction after 3 months.

Monday and Tuesday this week UC covered many areas with logs. They’re strewn about.

Max has written detailed emails and made calls to different city fire department emails and phone numbers as well as the City Council saying the fire department and city need to stop this massive fire danger, especially as the weather forecast says to expect days with 77 degrees coming up.

The concern is spontaneous combustion and even though activists have been continuing to spread many of the chips from the more recent dumps (June 9, on), there remain massive piles which threaten not only the park and its flora and fauna, but the entire neighborhood as now there are so many wood chips in many areas of the park.

Some immediate actions you can take:

Tell people you know and get it onto Social Media. We’ll try to get some photos of the carnage up onto the website peoplespark.org as soon as that can happen. But people can go and take their own photos and send to people if we don’t get them up right away.

  • Email fire@cityofberkeley.org and call 510-981-3473
  • Email council@cityofberkeley.org
  • Email manager@cityofberkeley.info, and call 510-981-7000 ovance-dozier@cityofberkeley.org and jjacobs@cityofberkeley.org from that office
  • Email chancellor@berkeley.edu and call Carol Christ: 510-642-7464
  • Email regentsoffice@ucop.edu
  • Let us know if you emailed or called… info@peoplespark.org and if you got this info from a friend and would like to be added to our announcements list, please let us know
  • If you use a cell phone, add yourself to the bulldozer alert by texting
    SAVETHEPARK to 74121 and text your friends to do the same
  • Bring out a rake, gloves, a wheelbarrow, and friends to spread more of the wood chips so there is less probability of spontaneous combustion of the massive piles which are left. Make it a party and post photos to your Social Media
  • The evening weather has been so pleasant. Come out to the park and enjoy it. This evening wouldn’t be a moment too soon. Bring your guitar, your singing buddies, and get up on the Free Speech stage to do your thing. Remember Joni Mitchell’s song with the lines, “They paved paradise, and put up a parking lot. With a pink hotel, a boutique, and a swinging hot spot. Don’t it always seem to go that you don’t know what you’ve got ’til it’s gone. They paved paradise and put up a parking lot.” Then there’s the line about putting all the trees in a tree museum (a bit like UC’s claim in the EIR that, they would be moving out oldest, biggest trees. Good luck with that)
  • Now that those trees are dead, sure would be nice if someone with good equipment were to come out and make some of these logs into more benches and tables. Anyone know any wood sculptors who’d want to beautify the park with their art? We’ve also heard rumblings about many uses for the logs in defense of the park

** Our People’s Park tradition, from the inception, has been to take UC’s destruction and heal and support the park and its residents. They destroy, we beautify and think of ways to help do good for the neighborhood from building bathrooms, to getting rid of the offensive volleyball courts to leave the grassy area free for frisbee, picnics, dancing, hula hooping, musical circles. We reused the old-growth redwood UC had used for extra offense in building those unwanted courts, and over years also built picnic tables and benches, have done plumbing repairs when UC has not, have gardened, and as UC has always come in to destroy trees and other plants we respond by planting more and always, we put on anniversary and many other concerts and shows, workshops, rallies, and we help coordinate mutual aid. When we squatted a long-vacant UC-owned brownshingle rooming house across from Rochdale (Berkeley Student Co-op), UC’s response was to bulldoze it. Our response to that? We created another People’s Park annex, a lovely garden which survived at least a year before they demolished that, too.

Let 1000 Parks Bloom!

Keep your eyes and ears open, and we look forward to seeing you in the park.

People’s Park Council

TELL CHANCELLOR CHRIST: HANDS OFF PEOPLE’S PARK! Rally and Speakout: Monday June 6 at 12 noon

TELL CHANCELLOR CHRIST:
HANDS OFF PEOPLE’S PARK!
Rally and Speakout
Monday June 6 @ 12noon
California Hall, UC Berkeley

The Regents of the are preparing to invade and destroy People’s Park by mid-June and we call on our community to RESIST! We call on all people who value Open Space, Free Speech, User Development and the right of our community to exist to tell Chancellor Christ that we will defend People’s Park against this corporate University takeover!

JOIN US! Now is the time to challenge the Regents for their part in creating the current housing crisis in Berkeley! Now is the time to fight for our history and our future!

Sponsored by the Peoples Park Council
www.peoplespark.org

ALL are welcome to speakout!
Speakers include activists, lawyers, students, community members and park residents.
We must unite to fight.

EMERGENCY ALERT:
TEXT “SAVETHEPARK” TO 74121

Download this as a printable 8.5 x 11 inch PDF flyer.


For Immediate Release  
June 1, 2022

Contact:
Joe Liesner 510-542-3112
Max Ventura 510-900-1160

*********ATTENTION NEWS EDITOR*********

RALLY AND SPEAKOUT
TELL CHANCELLOR CHRIST: HANDS OFF PEOPLE’S PARK!

People’s Park Council is hosting a rally and speakout for groups and individuals who oppose UCB’s plan to destroy People’s Park. DEMAND OPEN SPACE!

The situation is increasingly urgent as UC administration and the City of Berkeley make plans to suppress community opposition to the impending invasion of People’s Park. Tensions are rising as deadlines and rumors of deadlines circulate through the park. The placement of large dumpsters in the park; the opening of the new Rodeway Inn specifically for the residents of People’s Park and anecdotal accounts of police warning campers that it is “illegal” to trespass, all indicate that the UC will attempt to take the park soon. Despite the fact that just this week the park was placed on the National Register of Historic Places, decades after it was named a City of Berkeley Landmark, UC is amassing its forces to attempt take People’s Park once and for all.

Our opposition is to the construction of ANY housing on People’s Park no matter who it is for. While the pandemic emergency required that we use public places to respond to an emergency, People’s Park is meant to be a place for all people. We all need open space and a place to be.

For the sake of the climate, for our health which depends on green spaces and trees for good air quality, for the sake of our mental health, and for the sake of our children who by nature need to have open space to explore and grow. For the sake of our history and the movement that not only built People’s Park, but also made Berkeley known internationally. We must prevent needless desecration of that sacred space. The University community and administration need to honor our rich tradition of resistance and let People’s Park remain as a community park.

Our history AND our future depend on People’s Park.

WHO: People’s Park Council
WHAT: Rally and Speakout
WHERE: California Hall, UC Berkeley
WHY: To protest UC occupation of the park
WHEN: Monday, June, 6, 2022 at 12pm

More information: www.peoplespark.org

Nationally significant People’s Park was officially listed on the National Register of Historic Places on May 24, 2022

To all our People’s Park Supporters:
We are very happy to report that after over two years of work we were able to send out this press release today. — Harvey Smith

For Immediate Release

For additional information:
Harvey Smith peoplesparkhxdist@gmail.com
510-684-0414

(May 27, 2022) – Nationally significant People’s Park was officially listed on the National Register of Historic Places on May 24, 2022.

This designation underscores the historical, cultural, architectural and environmental assets of this irreplaceable open space. The park has an over half-century legacy of political and cultural events, a bio system of flora and fauna, and a surround of highly significant architecture.

This recognition follows being nominated unanimously by the California State Historical Resources Commission. People’s Park has played a key role as a gathering place for free speech during the decades of anti-war and civil rights struggles.

Former Berkeley Mayor Gus Newport commented that, “The stability of cities and towns is formed from the history of planning and participation of citizens. People’s Park very much reflects and proves this. People’s Park is very deserving of being on the National Register of Historic Places.”

However, the University of California plans to destroy the park despite its national significance. Harvey Smith, president of the People’s Park Historic District Advocacy Group, commented that, “Its planned destruction is unconscionable. The park’s importance is beyond a squabble in Berkeley or within California. It is a nationally recognized historic site.”

Smith suggests the park should be preserved so that its appearance and infrastructure are no different than any other park within the City of Berkeley or any green space within the UC Berkeley campus. This is entirely possible once the present homeless population of the park is relocated to housing as planned by the City of Berkeley and the University.

The ill-considered plan of UC Berkeley to build on the park should be scuttled because the university has many alternative sites for student housing. Chief among them is the Ellsworth Parking Structure, which is one block away from People’s Park. Keeping a parking lot and destroying a park is a totally irresponsible action in the age of extreme climate change. UC Berkeley’s plan to demolish Evans Hall to create open space on the campus should be matched by maintaining the open space of People’s Park in the community.

Both the City of Berkeley and UC Berkeley celebrate the Free Speech and Sixties history of the Telegraph Avenue corridor. It is an asset to both the city and university, and among the reasons visitors from all parts of the globe are drawn to Berkeley. Recognizing People’s Park for the asset that it is and then preserving and enhancing it can only add to its value as a treasured Berkeley attraction.

The National Register of Historic Places is the official list of the Nation’s historic places worthy of preservation. Authorized by the National Historic Preservation Act of 1966, the National Park Service’s National Register of Historic Places is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America’s historic and archeological resources.

More information on the People’s Park Historic District Advocacy Group can be found at peoplesparkhxdist.org.

Project Roomkey – An Independent Review of Abode Services and the Rodeway Inn, Berkeley, California

A new report has been released, and is a comprehensive analysis of the living conditions and grievances of unhoused residents currently and formerly occupying the “Rodeway Inn” hotel.

This is the introduction, and the full report can be downloaded here:
https://www.peoplespark.org/wp/wp-content/uploads/2022/05/Project-Roomkey-Review-of-Abode-and-Rodeway-v.1.3.pdf

The Rodeway Inn is located at 1461 University Ave. In Berkeley California. The age of the building is unknown at this time. Rodeway Inn is currently operated under “Project Roomkey” a series of transitional living facilities whose program offers individual or shared rooms to chronically homeless individuals for a limited time until permanent supportive housing can be secured.

Project Roomkey is a program initially funded by the State Of California through intermediaries such as Alameda County. However, since 2020 most if not all funding is provided by The Federal Emergency Management Agency (FEMA).

In its current form the Rodeway Inn Project Roomkey program is managed by local non-profit and contractor “Abode Services”. Abode operates several hotel and alternative shelter programs in the area as well as offering other homelessness services including outreach and housing case management in Alameda County. While Abode is currently contracted through Project Roomkey, recent developments (including a consent calendar item introduced at a recent Berkeley City Council meeting*) have shown that in coming months the Rodeway Inn program will be financed by the City Of Berkeley and UC Berkeley respectfully.

“Where Do We Go Berkeley”(WDWG) is a non-profit advocacy group based in Berkeley CA. WDWG has been in contact with the Rodeway Residents in question for over 3 years in several collaborative and supportive capacities. WDWG was instrumental in ensuring the placement of most residents by coordinating with “Lifelong Medical Street Medicine Team” who managed hotel referrals during the eviction of “Seabreeze” and “Ashby Shellmound” encampments. It is for this reason that WDWG carries the responsibility of ensuring that all who entered this Project Roomkey site are allowed the same rights and respect that any housed individual would be entitled to.

Almost immediately after unhoused residents from the I-80 Corridor were placed at Rodeway Inn, WDWG began receiving numerous complaints of misconduct and mistreatment regarding Abode staff. WDWG is bound by its mission statement and organizing documents to take each complaint it receives seriously and to attempt negotiation and advocacy for remedies that would be satisfactory to the complaining party. To that extent, WDWG feels ignoring or dismissing complaints would make them complicit and liable for any injury that may occur to their clientele during participation in a program such as “Roomkey”.

Contained in this report is a series of findings and recommendations. Some findings are based on declarations made by Rodeway Inn residents while others were witnessed directly by members of Where Do We Go Berkeley. Because of the discrimination inherent in homelessness issues, WDWG is inclined to believe allegations made by residents unless clear evidence can be provided that shows otherwise. While not all allegations have been submitted to Abode through their official grievance policy, most if not all issues have been expressed to staff and management at various times.

Project Roomkey – An Independent Review of Abode Services and the Rodeway Inn, Berkeley, California
Where Do We Go Berkeley
Telephone: 510-570-8026
Email: wheredowegoberk@gmail.com
Web: www.wheredowegoberk.org

Download the report:
https://www.peoplespark.org/wp/wp-content/uploads/2022/05/Project-Roomkey-Review-of-Abode-and-Rodeway-v.1.3.pdf

The Future of Southside Berkeley’s Parks?

Trees • Oxygen • Gardens

Now is the time to maintain nature’s gifts!

  • We need MORE, not less, open, green space in Southside!
  • According to Alameda County records, UC has acres of land all over Berkeley and the Bay Area, including south of campus

Come and share your visions for how to make these essential parks open and usable by everyone. Join us! Please attend an important community meeting to discuss these issues!

March 30, 2022 at 7 p.m.
Seventh Day Adventist Church, 2236 Parker St., Berkeley

&&&&

Author coming to speak at UC Berkeley in April:
Davarian Baldwin, author of In the Shadow of the Ivory Tower: How Universities are Plundering Our Cities, will be speaking at a public event

April 18, 2022 from 5-7 p.m.
Social Sciences Matrix, 820 Social Sciences Building, UCB

peoplespark.org & peoplesparkhxdist.org

**** And come celebrate with us for our People’s Park 53rd Anniversary Weekend April 23 and 24th. Concerts noon, on each day, and celebrate the Berkeley Student Co-ops also under threats from UC. Music, food, speakers, festivities, and workshops the 24th (check out peoplespark.org for more details closer to the time)

Download PDF flyer for these events.

The Ever-Expanding University of California: Property Claims and the Battle Over People’s Park

The Ever-Expanding University of California: Property Claims and the Battle Over People’s Park (PDF)

Download:
Newer version with images:
https://www.peoplespark.org/wp/wp-content/uploads/2022/02/Ever-Expanding-U.-of-California-Property-Claims-and-the-Battle-Over-Peoples-Park-Pamphlet-v4.pdf

Older text-only version:
https://www.peoplespark.org/wp/wp-content/uploads/2022/02/The-Ever-Expanding-University_-Property-Claims-and-the-Battle-Over-Peoples-Park-2.pdf

PRESS RELEASE – Community groups continue fight against secret, illegal agreement between the City of Berkeley and UC Berkeley

For Immediate Release

For Additional Information:
Harvey Smith, peoplesparkhxdist@gmail.com, 510.684.0414

(January 31, 2022) – A coalition of community groups filed a lawsuit to fight the secret, illegal agreement that the City of Berkeley signed with UC Berkeley — giving UC Berkeley a blank check for unfettered growth. The agreement, signed in July 2021, prevents the City of Berkeley from filing any further legal action against UC Long Range Development Plan (LRDP) and withdrew the city’s objection to the destruction of several historic buildings and to the eviction of tenants from their rent controlled homes.

Three community organizations — Make UC a Good Neighbor, People’s Park Historic District Advocacy Group (PPHDAG) and People’s Park Council (PPC) — amended their Petition on January 20, 2022 that challenges the City of Berkeley’s agreement with UC Berkeley regarding their LRDP. The Petition alleges the vote on the agreement violates the requirements of the Brown Act, which mandates local government to conduct business at open and public meetings.

“The residents of Berkeley will be saddled with this onerous agreement long after the Mayor, Chancellor, City Council members and Regents are gone from their positions. The basic principles of open government have been shamelessly tossed aside for purposes of political expediency,” according to Harvey Smith, member of the People’s Park Historic District Advocacy Group.

The agreement prevents the city from taking legal action against the LRDP for the next 16 years. Although the city’s own analysis estimated UC Berkeley costs the city $21 million per year, the agreement will pay the city only $4.1 million per year, 20 cents on the dollar. Therefore, over the 16 years Berkeley taxpayers will be responsible for covering a deficit of over $250 million. Three other cities hosting UC campuses have negotiated much more favorable agreements, including the mandatory production of student housing.

The lawsuit cites the action of the Berkeley City Council to conclude “a secret agreement in closed session, never acknowledged, approved or disclosed in public session.” The Petition to the court also cites Measure L, an ordinance passed by Berkeley voters in 1986, which mandates “That wherever public parks and open space currently exist in Berkeley, such use shall continue and be funded at least to allow the maintenance of the present condition and services.” The agreement violates voter-approved Measure L by collaborating in the destruction of People’s Park, a user-developed and community-controlled open space in the South Campus area of Berkeley.

Additionally cited is Measure N, approved by voters in 1988; the secret agreement is described as running “afoul of the intent and aspirational policies set forth in Berkeley Measure N,” which requires the city to “use all available lawful means to ensure that public agencies abide by the rules and laws of the city and that these agencies pay taxes and fees, comparable to those paid by private citizens and business to support their fair share of city services.”

Although the Berkeley City Council had also resolved on multiple occasions to support tenant rights, and specifically the interests of tenants evicted from 1921 Walnut Street, Berkeley, the agreement bound the City “to not challenge the upcoming 2021 LRDP and UC’s Anchor House [1921 Walnut Street] and People’s Park housing projects.”

The lawsuit further stipulates that the City through its agreement with UC will “induce, aid and assist” in destruction of People’s Park as a student and community park and open space and has collaborated in breach of contract by UC Berkeley. “UC has breached its mutual commitments, promises, and written contracts with responsible People’s Park organizations,” which are included in Exhibits A through L of the Petition.

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