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People’s Park National Trust Letter – December 22, 2023

National Trust for Historic Preservation®

December 22, 2023

Harvey Smith
People’s Park Historic District Advocacy Group
P.O. Box 1234
Berkeley, CA 74701-1234

Re: People’s Park, Berkeley, CA, and Make UC a Good Neighbor v. Regents of the University of California, No. S279242

Dear Mr. Smith,

The National Trust for Historic Preservation (“National Trust”) wishes to express our support for the preservation of historic People’s Park in Berkeley, California. People’s Park is listed on the National Register of Historic Places as nationally significant for its association with student protests and countercultural activities during the 1960s. The National Register of Historic Places is fundamentally a land-use planning tool that is intended to help prevent the loss of and harm to historic resources, and People’s Park’s inclusion on it should encourage just such a positive outcome. The National Trust is committed to advocating for significant historic places like People’s Park, and we hope that our support helps emphasize the national significance of People’s Park and the importance of exploring all possible opportunities for its preservation.

The National Trust was chartered by Congress in 1949 as a private charitable, educational, and nonprofit organization to “facilitate public participation” in historic preservation, and to further the purposes of federal historic preservation laws. See 54 U.S.C. § 312102(a). With over one million members and supporters, the National Trust works to protect significant historic places and to advocate for historic preservation as a fundamental value in programs and policies at all levels of government. In addition, the Chairman of the National Trust has been designated by Congress as a member of the Advisory Council on Historic Preservation (“ACHP”), which is responsible for overseeing federal agency compliance with Section 106 of the National Historic Preservation Act, id. §§ 304101(8), 304108(a).

One of the National Trust’s core areas of advocacy is the defense of local, state, and federal historic preservation laws. We understand that the People’s Park Historic Advocacy Group is currently involved in a lawsuit challenging, among other things, the inadequate analysis of alternatives under the California Environmental Quality Act (CEQA). The National Trust wishes to express our support for the full exploration of all potential alternatives that result in the preservation of People’s Park. The exploration of alternatives is a core protection provided to historic places by CEQA. For projects that are not dependent on a single location, such as the proposed construction of student housing, a robust alternatives analysis can often identify superior win-win solutions that allow both preservation and new construction. We hope that just such a solution can be identified that enables both the construction of new student housing in Berkeley and the preservation of People’s Park.

The National Trust would be happy to work with the People’s Park Historic Advocacy Group to help envision historic preservation opportunities at People’s Park and to advocate for its preservation. People’s Park is a unique historic place that is integral to the story of both Berkeley and the nation, and the National Trust supports the work that the Advocacy Group is doing to prevent its destruction. Please feel free to share this expression of our support in any way that may be helpful, and we look forward to continuing to work with your organization.

Sincerely,

Rob Nieweg
Senior Vice-President
Preservation Services & Outreach

Elizabeth S. Merritt
Deputy General Counsel

Chris Cody
Associate General Counsel

600 14th Street NW, Suite 500, Washington, DC 20005
E law@savingplaces.org P 202.588.6035 F 202.588.6038 SavingPlaces.org

View the PDF version of the letter

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People’s Park Update – December 2023

Media outlets are reporting that UC Berkeley intends to attack People’s Park in the first week of January 2024. Yes, 16 months after UC’s failed attempt in August of 2022 to fence and destroy the park, they have regrouped and now they are ready to go back on the offensive.

We won’t let them destroy it!

Park defenders are preparing to protect People’s Park once again, as we have successfully done for the past 54 years. While there are still some issues winding their way through the courts, the situation has changed since 2022. State politicians such as Buffy Wicks, Nancy Skinner and Gov. Gavin Newsom have worked to change the law to enable UC Berkeley to ignore environmental law and finish their conquest of People’s Park.

The university will rely on hordes of riot police to do their dirty work. Do not be afraid! Come join us! When it comes to the park, the people have always prevailed — but we can’t do it without you.

Now is the time to prepare and get ready to mobilize. Get supplies together in preparation for a late-night, or early morning, resistance. Tell your friends about the Park and encourage them to join you.

Get connected in the following ways:

  1. Text SAVETHEPARK to 41372 — and share this number! If possible, disable your phone’s “Do Not Disturb” for the first week of January to ensure you get nighttime alerts.
  2. For further updates, text “@pplspark6” to 81010
  3. Come out to the park to meet people and get prepared.
  4. Form Affinity Groups so that you and your friends can engage in creative resistance to help save the park. Diversity of tactics is encouraged!
  5. Please donate to:
    People’s Park Council: https://account.venmo.com/u/PeoplesParkCouncil
    People’s Park Historic District Advocacy Group: https://gofund.me/ae2351ea or http://www.peoplesparkhxdist.org/donate-now/
  6. Visit defendthepark.org and peoplespark.org for info & resources.
  7. Follow us on Instagram! https://www.instagram.com/peoplesparkberkeley/

Protecting People’s Park affirms Berkeley’s radical tradition and the park’s place in our hearts and social fabric. It is listed on the U.S. National Register of Historic Places as a place of major historic and cultural significance and value, and is home to free daily food servings, basketball, and companionship of plants, animals, and humans.

Let a thousand parks bloom!

People’s Park Council

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People’s Park 54th Anniversary, music, speakers, green space gathering, Sunday, April 23, 2023, 11 AM to 7 PM

People's Park 54th Anniversary poster illustration of people gathering to celebrate the park

People’s Park 54th Anniversary
(in memory of Michael Delacour)
Sunday, April 23, 2023, 11 AM to 7 PM

Climate Event, Yukon Hannibal and Drummers, Welcome by Eddie and talk about Michael, Jordan Huez, Speakers, Hali Hammer and Randy Berge, Max Ventura, dress, and George Franklin, Marika Sage, Speakers, Moth Morgue, Speakers – Aidan Hill, Cheryl Davila, others, Driftwood Dave duo, Speakers – Alan Haber, Odile Hugonot, others, Evelie Delfino Såles Posch, Carol Denney, Speakers, Afterthought, Andrea Mallis, astrologer, FiLTHMiLK, Speakers – Russell Bates and others, Andrea Prichett group, Speakers, Jazmin, Speakers, Gurschach, Closing

11:00-12:00: Climate Event
12:00-12:30: Yukon Hannibal and Drummers
12:30-12:40: Welcome by Eddie and talk about Michael
12:40-12:55: Jordan Huez
12:55-1:10: Speakers
1:10-1:25: Evelie Delfino Såles Posch
1:25-1:35: Max Ventura, dress, and George Franklin
1:35-1:50: Marika Sage
1:50-2:05: Speakers
2:05-2:20: Moth Morgue
2:20-2:35: Speakers – Aidan Hill, Cheryl Davila, others
2:35-2:50: Driftwood Dave duo
2:50-3:05: Speakers – Alan Haber, Odile Hugonot, others
3:05-3:20: Hali Hammer and Randy Berge
3:20-3:35: Carol Denney
3:35-3:50: Speakers
3:50-4:05: Afterthought
4:05-4:15: Andrea Mallis, astrologer
4:15-4:45: FiLTHMiLK
4:45-5:00: Speakers – Russ and others
5:00-5:15: Andrea Prichett group
5:15-5:30: Speakers
5:30-6:00: Jazmin
6:00-6:15: Speakers
6:15-6:45: Gurschach
6:45-7:00: Closing

Download posters:

Poster (color) 54th Anniversary People’s Park, 2023, version 2
https://www.peoplespark.org/wp/wp-content/uploads/2023/04/poster-54th-Anniversary-PeoplesPark-colorV2.jpg

Poster (black & white) 54th Anniversary People’s Park, 2023, version 2
https://www.peoplespark.org/wp/wp-content/uploads/2023/04/poster-54th-Anniversary-PeoplesPark-bwV2.jpg

Please also come this related event:

Broad Community Meeting to Save the Park

We hope to see people from many organizations as we work toward long term stewardship and maintenance of the park in perpetuity. This is to build an inclusive community wide planning and working group to revitalize our park and to create a commons for all.

SATURDAY, APRIL 29, 1–4 PM
Community Meeting Room in Berkeley Central Library
2090 Kittredge Street, Berkeley, CA 94704

54th Anniversary Celebration: We are Peoples Park! Berkeley, CA

Posted by People's Park Community on Sunday, April 23, 2023
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Legal Update on People’s Park – January 12, 2023

On January 12, 2023 the Court of Appeal heard Oral Arguments on the CEQA case of Make UC a Good Neighbor and People’s Park Historic District Advocacy Group VS the Regents of the University of California. There were not any points in the arguments of either side that were different than the briefs and supporting letters that had previously been submitted by the parties. The attorney/justices interaction was very interesting. The entire 82 minute hearing is at:

https://jcc.granicus.com/player/clip/3368?view_id=41&redirect=true&h=e8920a278fccbe9f40ea13a15f093f12

For us interested in preserving People’s Park as an open space in perpetuity the hearing is very reassuring. The UC lawyer tried to gain traction for their contention that the “revitalization” (read destruction) of the park was always the core goal of Housing Project #2 and therefore the Environmental Impact Report had no obligation to analyze other alternate sites for that housing because only by building on People’s Park could the project revitalize the park. Justice Burns was especially unaccepting of this claim and interrupted and contradicted their lawyer continuously. In short, it would be very surprising if we don’t win on the alternative site issue, which would mean the EIR has to be redone.

The other meaningful exchange was about the issue of noise. Our contention that Housing Project #2 would have a significant negative impact on noise levels in the neighborhood because of the common occurrence of student parties is being critiqued as a “social” impact as opposed to an environmental impact. UC claims that the burden of predicting, analyzing and mitigating for these kinds of social noise is discriminatory and that it will delay or stop new building projects. Even the Chief Justice Terri Jackson asked about the possibility of a new building for a church being made to analyze the effect of tambourine shaking.

Our lawyer made the point that noise is noise. He also made the point that the fair argument standard should be applied. Finally he noted that anti-discrimination law is an established means by which any environmental impact can be evaluated.

This question of whether social impacts should be included in CEQA suits is complex and can be looked at from many angles. It seem to be the way developers and their political allies are going to attempt to weaken or throw out CEQA.

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Lawsuit Update, November 22, 2022

On PROGRESS (or lack thereof) in the Matter of MAKE UC A GOOD NEIGHBOR, PEOPLE’S PARK HISTORICAL DISTRICT ADVOCACY GROUP, and PEOPLE’S PARK COUNCIL vs. BERKELEY CITY COUNCIL, MAYOR JESSE ARREGUIN, CITY OF BERKELEY, and REGENTS OF THE UNIVERSITY OF CALIFORNIA d.b.a. UNIVERSITY OF CALIFORNIA AT BERKELEY, Alameda County Superior Court Case No. RG21105966:

Our lawsuit on behalf of three (3) People’s Park groups commenced over a year ago, August 2, 2021, as a Petition for Writ of Mandate against the Berkeley City Council and Mayor for violation of the California open-meeting law (the Ralph M. Brown Act) and for violation of certain laws, including Berkeley Measure L and Measure N (true copies of which are attached to this email message).

Berkeley Measure L and Measure N (PDF)

The case, originally a Petition against the City Defendants, has now morphed essentially into a Complaint for Breach of Contract against the University of California (“UC”).

Under the purview of Hon. Frank Roesch, an Alameda Superior Court judge, People’s Park’s pleadings have now been amended four (4) times in response to demurrers and other motions designed to defeat the people’s efforts to challenge the Berkeley City Council and Mayor’s secret agreement with UC, a deal by which the City corruptly colluded with UC to sell out the public interest in controlling overcrowding, in receiving equitable compensation for City services, in maintaining low-income housing, and in preserving parks and open space within the City limits, most notably, People’s Park.

On behalf of People’s Park Council and the two other non-profit community groups, I filed the 4th Amended Petition and Complaint on November 17, 2022, and directed a copy to David M. Robinson, Chief Campus Counsel for UC Berkeley. I then appeared before Judge Frank Roesch the following morning in a Zoom hearing for Case Management and Compliance. The next Case Management Conference is set for February 3, 2023, at 9:00 a.m. in Dept. 17.

The current incarnation of this People’s Park lawsuit, namely the 4th Amended Petition and Complaint, largely consists of an action against the Regents of the University of California (UC) alleging breach of contact. Specifically, UC breached multiple agreements with People’s Park Council and with the founding Park gardening group, People’s Park Project/ Native Plant Forum, agreements that date back as far as 1978 and 1979.

At least two (2) of these agreements were written and signed by representatives for People’s Park and the UC Berkeley campus administration, the Letter of Agreement dated May 8, 1978, and the Letter of Understanding, dated January 5, 1979. Some of the other agreements, both written and verbal, expressed and implied, were described in an open letter dated August 31, 1979, from Associate Vice Chancellor T. E. “Ted” Chenoweth to his boss, Vice Chancellor R. F. “Bob” Kerley. True copies of all three (3) contractual “Letters” are attached to this email message.

3 Letters of Agreement – University of California, Berkeley Campus Chancellor’s Office and the People’s Park Project/Native Plant Forum (PDF)

UC had systematically breached its solemn agreements with People’s Park organizations for many years, even before the most recent wanton and tragic acts of destruction, especially those wrought last summer, 2022. We will pursue the ongoing action for breach of contract, as well as planning to claim property damages in a separate proceeding.

Breach of contract may not be a crime, it’s true, but destruction of property and vandalism ARE indeed crimes. UC has wantonly and brazenly acted to destroy People’s Park, harming and killing trees, shrubs, wildlife habitat, and many other landscape features, including damage to the ramp for the People’s Stage.

These living items belong to the people, by and through the People’s Park organizations and volunteers who created them, bought and paid for them, installed and planted them. These items were and are NOT the property of UC or the Campus Administration. The People’s Park agreements that UC has violated are proof of UC’s knowledge, intent, and malice that underlie their recent wave of senseless damage, destruction, and desecration.

UC has willfully stifled and vandalized the fruits of our creativity. UC has also heartlessly employed unfortunate social ills and challenges, such as homelessness and drug use, as a cynical weapon to discredit and defame People’s Park and the Park community, blaming the victim for the very problems of neglect that UC has fostered and focussed upon the sacred ground of People’s Park.

With unity, persistence and love, we can hold UC accountable for these wrongs, and commence the process of transforming the Berkeley campus administration from a purveyor of public corruption and higher ignorance, into an institution of higher learning and public cooperation.

Wishing good luck and a happy holiday to all,

David

DAVID L. AXELROD,
Attorney at Law

Documents:

Berkeley Measure L and Measure N (PDF)

3 Letters of Agreement – University of California, Berkeley Campus Chancellor’s Office and the People’s Park Project/Native Plant Forum (PDF)

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People’s Park Gift, a huge collaborative art project in the park, Saturday, September 3, 2022

Photo: Evelyn Sinclair. (more photos below)

UC used a backhoe as a weapon of destruction in the recent massacre at People’s Park. We wrapped it up as a gift to give back to UC. Art seminar 10 am, art workshop 11 am – 3 pm, and permanent exhibit opening at 4 pm.

Video of the UCpocrisy art collaboration with the People’s Park community in Berkeley
UCpocrisy – art project in collaboration with artist 233 – before and after

In the artist’s own words:

Saturday, September 3, 2022, exactly a month after the terrible events occurred at People’s Park, the community of People’s Park is going to wrap up a special gift back to the UC Berkeley administration. We don’t want it! Spaniard artist 233 (2amon 3lanco-3arrera) is leading an art project fruit of collective thought, sharing and work, promoted by People’s Park Council and supported by the whole community of People’s Park. The idea is to contribute through contemporary art with People’s Park’s struggle against the powerful unfair capitalist establishment in which every human being coexist.

233 is the artist name of Ramon Blanco-Barrera, a Ph.D. with a specialization in large-scale installations to raise awareness on human rights concepts and values. He is also a Faculty Member at the University of Seville, Spain. He teaches new media-based courses and his art practice and research explore social and political issues all over the world. More specifically, his work tries to send inspiring messages in order to engage and make people reflect about their lives and communities, both local and universal, trans-creating with people and using the number ‘233’ in reference to the ‘identity game’ of our current overpopulated world system.

From Lloyd Roble-Nebres, Filipino-American writer:

There are gifts... and then there are Gifts.

One is transcendent, in its simple and elemental purity: I give this to you, with no
strings or ribbons attached. Take it: for I love and cherish you.

The other is transgressive: I give it to you, wrapped in these blue and gold colors
of history and hypocrisy. Take it: for I question and challenge you.

It's this latter type that is Ramon Blanco-Barrera’s vision of the Gift
that the People's Park community is giving back to the
university.

Wrapped in fields of blue tarp, be-ribboned in the colors of the University, it
immediately draws the eye to the center of the park, where the now-cloaked giant
backhoe sits — something of a Trojan horse. But it's a horse containing not hidden,
marauding, Greeks... but instead provocative ideas and simmering sentiments.

It's an almost alien construct, something clearly not belonging to the park — but
the now-enwrapped object of which was moved there by the institution, to start
its decades-planned divestiture. One to erase an open, green space into a
residential campus — itself already surrounded by blocks and blocks of housing,
office buildings, retail establishments.

So there this gift-wrapped object sits, presented by the active spirits and People of the park to the University, in a gesture saying: we give this right back to you... it is not wanted.

Drawing the eye with its sharply-imagined visual and graphic contradictions
posed in a stark and startling way, the People’s Park Gift announces its brazen
defiance: it is the anti-gift, a vivid blue and gold manifesto of resistance, a
statement that cannot be missed.

~ an observer

Photos: Evelyn Sinclair

WEEKEND EVENTS:

DISORIENTATION WEEKEND at People’s Park!
Discover the park – get involved – meet students and community members!

SATURDAY September 3
10 am: Huge art project in the park.
Come help wrap a massive gift for UC!! And help place our own National Register plaque.
5–8 pm: FREE CONCERT!!!
A night of Vibes, Hip-Hop and Neo-Soul!
Featuring Cas’ti, Oddity, Kahj & Versa‚m

SUNDAY September 4
Non-Violent Direct Action Training 10:30 am – 6 pm
A day long prep session for taking action to defend the park
Contact: weddress777@gmail.com

Save People’s Park!!! defendthepark.org IG @peoplesparkberkeley

Text SAVETHEPARK to 74121 to join the bulldozer alarm text alert

Let 1000 Parks Bloom!

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Response to Chancellor Carol T. Christ’s August 15 message to students about People’s Park

In the dead of night, UC moved on the park — barricading city streets, blocking access to sidewalks, and fencing the park. Protected by riot police, heavy equipment was brought in. Peaceful protesters sat in front of that equipment to keep the park open and prevent further deforestation of the trees, which UC last did in 2018. People peacefully demonstrated against the heavy machinery and destruction of the trees. They had already witnessed the changing climate in the park after much of the east side forest was demolished by UC just a few years before. Students — of UC Berkeley, local colleges, and high schools — and other community members, including Berkeley neighbors and former residents of the park were outraged by the violent closure and destruction of this community resource.

The university has presented the project as an all-or-nothing: either people will sleep in squalid conditions on the street, or they will build housing on the park. This is a false dichotomy. The park is a vibrant community center, park and recreation space — one of the few accessible and open to everybody, including the poor who suffer within a rapidly gentrifying East Bay. Hundreds of people use the park daily, gathering to play basketball or music, to share food, and community. None of these resources are preserved in the university’s plans, which would turn our park into a sterile dorm lawn. Maximo Martinez Commons is a courtyard just one block north and similar to the one proposed for People’s Park. When was the last time you or your friends used that space?

We need People’s Park to remain a community-run, user-developed and user-defined park. That is why dozens of community groups — such as the Berkeley Student Cooperative, the largest non-profit provider of affordable student housing in the city — stand with People’s Park in opposition to the university’s plans. Homeless advocacy groups such as Consider The Homeless, Berkeley Outreach Coalition, Suitcase Clinic, Berkeley Free Clinic, Berkeley Copwatch, and others stand in solidarity with the park defense.

The UC Regents actually refused Capital Strategies’ attempt to have a $53 million contingency fund available for crowd control, and unforeseen relocations of new residents, and other circumstances in the demolition of People’s Park. Those millions could instead be spent acquiring land for supportive housing sites right in Berkeley, or adding additional housing on a site recommended by the Chancellor’s Housing Commission. And what about the Ellsworth garage, equally close to campus, which has to be demolished due to earthquake danger? In their survey not long ago, 92% of undergraduates did not rank People’s Park as their top site for housing development. If building housing was the university’s top priority, they could have already begun construction on a different site equally close to campus.

Over decades, the UC has approached the park with malice and destructive intent. In spite of this, people have stewarded the land and grown more gardens, community, and lifelong relationships. For 53 years, every time the fences have gone up, they’ve come down! People’s Park is not just some empty real estate lot. People’s Park remains a user-developed park, open for everyone to gather, host events, or hang out and have lunch. Nothing has changed. Come out and see for yourself. We will rebuild once again. Help repair the park according to your own desires. Re-connect with the land!

— People’s Park Council (PeoplesPark.org)

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Osha Neumann on The Visionary Activist Show – “Demand the impossible, defend People’s Park!” August 18, 2022, 2:00 PM on KPFA.org

“Demand the impossible, defend People’s Park!” A rousing exhortation, by Osha Neumann, whom Caroline Casey hosts this hour: The tale of People’s Park in Berkeley – 1969 to now… humming…in ardent pertinence to our plight… Devastation into which flows Community Participation; destruction makes its move again, again – the garden roots and bloom and here we are. Honoring Parks…

Listen live or download the podcast: https://kpfa.org/program/the-visionary-activist-show/

Related stories:

A People’s History of People’s Park and Telegraph Avenue – Mural Rededication Ceremony 2018
https://www.youtube.com/watch?v=Tt9lM55nq1Q

Osha Neumann, attorney for the disenfranchised, retires
https://www.berkeleyside.org/2022/02/07/osha-neumann-retires-civil-rights-lawyer-homeless-peoples-park

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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.