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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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The Future of People’s Park: panel discussion, February 26, 2021

The Future of People’s Park panel discussion was presented online by the People’s Park Historic Advocacy Group with Berkeley community members on February 26, 2021. Here’s a video of the discussion, archived on the People’s Park YouTube channel.

Presenters:

  • Harvey Smith – author of “Berkeley and the New Deal”, People’s Park Historic District Advocacy Group (event host)
  • Tom Dalzell – author of “The Battle for People’s Park Berkeley 1969”, “Quirky Berkeley” series, union leader, lawyer
  • Steve Wasserman – Participant and Activist during 1969, publisher of Heyday Books, career in publishing, editing and writing
  • Maxina Ventura – member of People’s Park Council (formerly Committee), Homeopath, environmental activist
  • Aidan Hill – Former Berkeley Mayoral Candidate, UCB Student/Graduate, candidate for District 7
  • Joe Liesner – long-time People’s Park activist, Food Not Bombs volunteer

Participants:

  • Joseph Copeland – raised near People’s Park, son of “People‘s Park” author Alan Copeland
  • Chuck Wollenberg – People’s Park Historic District Advocacy Group, Berkeley historian
  • David L. Axelrod – attorney at law, Sierra Law Office

UC Berkeley plans to build a high rise on People’s Park, which would destroy the historic and cultural legacy and an irreplaceable natural environment, has brought together writers, historians, students and park activists to oppose this ill-considered project.

Presenters share the historic background of the park, give details on the effort to recognize its national landmark status (**formally received this status May 2022), and share plans for revitalizing this invaluable public green, open space.

Event Transcript (text format)
https://www.peoplespark.org/wp/wp-content/uploads/2022/11/Future-of-Peoples-Park-February-26-2021-Event-Transcript.txt

Event Chat (text format)
https://www.peoplespark.org/wp/wp-content/uploads/2022/11/Future-of-Peoples-Park-February-26-2021-Event-Chat.txt

People’s Park Historic District Advocacy Group
https://peoplesparkhxdist.org

People’s Park website
https://peoplespark.org

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Opinion: Breaking the impasse on People’s Park

This statement is published at:
https://www.berkeleyside.org/2023/01/10/opinion-peoples-park-student-housing-alternate-site

We suggest UC Berkeley commence construction of the student and supportive housing planned for the park on an alternate site as soon as possible.

By Shirley Dean and Gus Newport
Jan. 10, 2023, 8:01 a.m.

Although UC Berkeley has stated it wants to build 8,000 student housing beds as soon as possible, the university has picked a site, knowing it would be vigorously opposed, and now has caused months of delay. We suggest it commence construction of the student and supportive housing planned for People’s Park on an alternate site as soon as possible. Indeed, UCB has identified up to 15 alternative sites.

The National Register of Historic Places has recognized the value of People’s Park. The park has an over half-century legacy of cultural events; town, gown and political events; a biosystem of flora and fauna; a surround of highly significant architecture; and a role as an everyday community recreation site.

UC has been defeated in the courts in many of the California Environmental Quality Act challenges to its campus development plans. These court decisions have made it clear that UCB is not doing an adequate job of identifying and mitigating the impacts of its development in Berkeley.

Additionally, UC’s reckless demolition of most of the historic trees in People’s Park on Aug. 3 has threatened a key element of the HUD funding for the supportive housing portion of the project due to the lack of agreement to do the required federal environmental review, thus putting that project in jeopardy.

UCB’s almost 50% increase in enrollment (almost 15,000 students) means that the Southside of Berkeley desperately needs the open space of People’s Park. Based on the city’s recent population growth, concentrated in the areas nearest the campus, and the city’s standard of 2 acres of park and open space per 1,000 residents, the Southside neighborhoods need approximately 18 acres of new, accessible open space.

City planners agree increasingly dense urban areas need more parks, not fewer. Furthermore, the park is needed as a shelter during earthquakes, fires and pandemics – Berkeley will face them all again.

Now is the time to develop a feasible plan of action based on cooperation between the state, the University of California and Berkeley residents who host its flagship campus.

The park’s future should include proper maintenance, user development, and interpretation to provide Berkeley residents and visitors with information on all aspects of People’s Park — Berkeley’s incredible architectural legacy and the political and cultural history of activism on the Southside. Like other parks, it should become a welcoming recreation resource for anyone in the community – housed or unhoused city residents, students, and visitors of all backgrounds and income levels.

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 the city and the university and draws visitors from around the globe to Berkeley. Preserving and enhancing the park can only add to its value as a treasured Berkeley attraction.

With the park’s permanence assured, its future could evolve in collaboration with the People’s Park Council, the long-standing consensus-based group of stewards and advocates for the park, with California Indian tribes, and with a land trust or conservancy. Financing for this vision could be through federal or state funds for parks.

Whatever future model is adopted for People’s Park, it is clear that the plan to destroy the park and the possibility of continuing conflict between park users and the university are neither desirable nor inevitable. Community members can develop a partnership with an enlightened public agency to preserve and enhance People’s Park in a way that honors its culture and heritage and provides valuable open space for the Southside neighborhood. With goodwill and hard work, this future is possible.

Shirley Dean and Gus Newport are former mayors of the city of Berkeley.

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Briefs and Replys in the Legal Efforts to Protect People’s Park

Appellants Opening Brief – filed 2022-09-06.pdf
https://www.peoplespark.org/wp/wp-content/uploads/2022/10/Appellants-Opening-Brief-filed-2022-09-06.pdf

Respondents Opposition Brief – 2022-09-26.pdf
https://www.peoplespark.org/wp/wp-content/uploads/2022/10/Respondents-Opposition-Brief-2022-09-26.pdf

Lippe Rebut UC Reply – filed 2022-10-06.pdf
https://www.peoplespark.org/wp/wp-content/uploads/2022/10/Lippe-Rebut-UC-Reply-filed-2022-10-06.pdf

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Appeal Filed to Preserve People’s Park!

Make UC A Good Neighbor and the People’s Park Historic District Advocacy Group (PPHDAG) filed their joint opening brief to the appellate court this week against UC Berkeley under the California Environmental Quality Act challenging UC’s Long Range Development Plan and construction of housing on People’s Park.

We’ve said it before, but this excellent legal work needs to be supported. Please refer any and all to our DONATE NOW! page at http://www.peoplesparkhxdist.org/donate-now/

The appeal focuses on UC’s failure to analyze in its Environmental Impact Report (EIR) a lower-enrollment alternative or any alternative locations for the housing proposed at People’s Park. The lower-enrollment issue is similar to that at UC Santa Barbara, where the City of Goleta and Santa Barbara County have both sued the university for not complying with an agreement to build enough housing to keep up with its expanding student population. With the alternative location issue, UC is required to adequately assess alternative sites for student housing, which it has not done.

UC has twenty days to reply to our appeal brief. However, be assured UC Berkeley will continue its cynical and misleading public relations campaign on Housing Project #2 (People’s Park) belied by UC’s own planning documents. The goal is building 8,000 new student beds. However, UCB’s own Draft EIR includes a chart listing sixteen possible construction sites and proposed new beds provided by them. They total 13,566. The 1,100 hundred beds at the People’s Park site could easily be accommodated at these other sites.

The prime alternative site is just over a block away at the UC-owned Ellsworth Parking Structure, which UC says can provide up to 2,980 beds. Preserve a parking lot over a park’s much-needed urban recreational space? Why in the midst of extreme climate change must the trees and birds be part of a sacrifice zone? Urban planners agree that overcrowded urban areas like the Southside require more urban parks, not less, to promote human health and wellness and are needed in a time of drought, wildfires, pandemics and pending earthquakes.

Despite UCB’s claims of support, its student survey has been negatively critiqued in the Daily Cal, which has also written many well-researched articles and editorials denouncing the destruction of the park. Students were the primary participants in the recent effort to stop the fencing off the park. The Berkeley Faculty Association is also a critic of the plan to build on People’s Park.

UCB has described the housing crisis as “dire” and “acute.” We all realize that more affordable housing is needed, but most new housing is market rate and beyond the means of most students and the community. The crisis, however, can hardly be described as “acute” by UC Berkeley when it has known about its low ratio of housing per student for well over a half-century.

Campus messages portraying People’s Park as an area of frequent crime on the Southside is quickly countered by facts. A review of data from the Crimemapping website over a six-month period from January through June, 2022 for a 20-block area surrounding the park revealed that 94% of crime occurred outside of People’s Park. Crimes do occur there, but at a lower rate than the surrounding neighborhood. Keep in mind that the promoter of the image of the park as “crime-ridden” is the same institution that was fined $2.35 million in 2020 for underreporting campus crime.

The Chancellor’s message to the campus at the beginning of the semester was noteworthy in that it made absolutely no mention of People’s Park being added to the National Register of Historic Places. The value of the park as a cultural and historic site is beyond Berkeley, beyond California. It is nationally recognized and sought out by visitors from all over the world.

Now is the time for UC Berkeley to stop the delay in student housing construction by moving Project #2 to an appropriate location and to work with the community to make People’s Park a park that all can be proud of. The world is watching.

— Harvey Smith, People’s Park Historic District Advocacy Group
http://www.peoplesparkhxdist.org/donate-now/

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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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Court Support for People’s Park Arrestees being arraigned, Friday, September 2, 2022, 2 PM

Friday, September 2, 2022, 2 PM: Court Support for People’s Park Arrestees being arraigned.
Wiley W. Manuel Courthouse, 661 Washington Street in Oakland

If possible please meet at 1:30 PM outside the courthouse to go inside together, and allow for getting through security. The goal is to show the judge that arrestees have community support, which in some cases has been helpful in influencing judges positively. This is not a protest. Please recognize a protest that is not requested by arrestees can have negative effects.

If you want help from the National Lawyers Guild, they request that you fill out this form: https://arrestee-form.nlgsf.org/
Note from the NLG: This form is end-to-end encrypted and goes only to the NLG legal team. We can provide lawyers to advise and represent most people in misdemeanor cases for free, but only if the arrestees get in touch with us by filling out the form, emailing demonstrations@nlgsf.org or if needed, by calling the legal hotline 415-909-4NLG (4654).

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Memorial Tree Planting in the Park for our friend & comrade Dickie Haskell, Sunday, August 28, 2022

Memorial Tree Planting in the Park for our friend and comrade Dickie Haskill Sunday:

Aug 28th on the Dwight Street side. 

10 AM: meet up and preparations

11 AM: Circle up and planting

Bring a photo, a story, art, food, a song to share, and/or just your lovely self ready to create a little area where folx can be and remember our dear friend. We have a peach tree donated. Other seeds, plants, art, etc most welcome to bring!

We can send notes, art, pics to his mother.  We can record stories for his brother which can be e-mailed. There will be a Memorial in around a week in Virginia. We can have a lil’ gathering of local friends.

We “Lovin You” Dickie!!!

💜Elisa

PS: This is improv, no structure to it. Maybe just go around the circle, anyone sharing what they wish. Holla if U wanna collab, have ideas, visions. Thank U!

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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)