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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Presentation by People’s Park Historic District Friday, August 27, 2021, 6–9 pm, Canessa Gallery, San Francisco

Last Friday two lawsuits were filed in Alameda County Superior Court against UC Berkeley and the UC Regents. Two community groups and AFSCME Local 3299 are challenging the impact of growth plans of the university. Previously another filing was done on the Berkeley City Council’s violations of the Brown Act, in formulating and adopting the City’s recent secret “settlement agreement” with the University of California.

The evening’s panel will discuss both legal and community organizing actions to stop implementation of UCB’s Long Range Development Plan (LRDP), a plan that seeks to destroy People’s Park and other irreplaceable neighborhood and community assets in Berkeley.

Panelists include historians, preservationists and activists – Charles Wollenberg, Lesley Emmington, Carol Denney, Joe Liesner and Harvey Smith.

The exhibit includes photographs, art work, posters and memorabilia from over 50 years of spirited community involvement in preserving the irreplaceable open space of the park.

People’s Park is at the center of sixteen other officially recognized city landmarks, which collectively are a de facto historic district. They represent the heritage of the 1960s and the larger theme of a century of town/gown relationships. Berkeley became a major target of the New Right conservative backlash with Ronald Reagan promising to “clean up the mess in Berkeley.”

UC’s plans also threaten three historic buildings, including a rent-controlled apartment building, in another project funded by an anti-rent control developer.

The university has exceeded its agreed enrollment limits, creating enormous housing displacement throughout the city. The university has responded to years of state budget austerity by monetizing its public assets in a corporate-like growth that has also become a drain on city resources.

UCB proposes to cover People’s Park with a 17-story concrete monolith, probably to be erected by a private housing firm that will profit from student occupants. This would destroy both a historical and cultural legacy and much needed open space when reasonable alternatives are available.

If Berkeley all but invented the sixties, surely the city and its university should be able to commemorate that decade by preserving People’s Park as the heart and soul of a vital historic district.

Presentation by People’s Park Historic District
Friday, August 27, 2021, 6–9 pm

Canessa Gallery
708 Montgomery Street, San Francisco

Masks and Covid vaccination required.

For more information, contact Harvey Smith at 510-684-0414.

Sponsored by the People’s Park Historic District Advocacy Group.

People’s Park and Neighborhood Groups Challenge UC’s 2021 LRDP

In a lawsuit claiming the nearly total inadequacy of the University of California’s Environmental Impact Report (EIR) on its 2021 Long Range Development Plan and Housing Project #1 and Housing Project #2 (LRDP) a team of lawyers representing Make UC a Good Neighbor and the People’s Park Historic Advocacy Group (PPHDAG) are seeking to void approval of the LRDP and the EIR, and thereby stop all activities proposed in that LRDP. This legal action is of great importance to supporters of People’s Park since it would mean significant delays for any attempts to destroy the Park by erecting three buildings on that beloved site. It would also keep our friends at 1921 Walnut Street in their rent controlled homes for the time being.

The lead attorney in this suit, Thomas Lippe, has prevailed in two California Environmental Quality Act cases against the University of California and, because his most recent victory against UC concerned plans to build on Upper Hearst, Mr Lippe is very familiar with the 2021 LRDP. This suit wast filed on August 20, 2021 in the Superior Court of California in and for the county of Alameda.

It describes the nearly total failure of the EIR for the 2021 LEDP to adequately either describe or address the environmental effects caused by the program or projects proposed in the LRDP. Among its contentions are that the EIR fails to make required findings, fails to propose and evaluate adequate mitigation measures, fails to respond in good faith to the public comments received in response to the draft EIR, and fails to lawfully assess the LRDP’s effects on traffic, noise, air pollution, population and housing, parks and recreation, or historic and cultural resources.

This site will post any response from UC or upcoming court dates as they are announced.

— joe liesner, secretary People’s Park Historic District Advocacy Group

Donate to Lawsuit at:
People’s Park Historic District Advocacy Group
P.O. Box 1234
Berkeley, CA 94701-1234

More information at peoplesparkhxdist.org

Full text PDF:
Make UC A Good Neighbor, et al., v The Regents – LRDP Petition.pdf