Note: In this Section, BNC publishes articles that are written either by a neighborhood representative without editing or is summarized from material that has been submitted to us.
In our last eNEWS issue, number 18, this Section was all about the 18-story project, “The Residences at Berkeley Plaza” proposed to be constructed in the Downtown at 2211 Harold Way. That article was a summary of:
- the permits and actions required by the project;
- the actions taken by the Zoning Adjustments Board and Landmarks Preservation Commission;
- the nine resulting appeals to the City Council and what the Council did; and
- the two separate petitions for writ of mandate that were filed as a result of that action.
That was a long article packed with information. If you haven't read through it yet, we urge you to do so because it's the canary in the mine that describes the future of Berkeley and everyone should learn the basics about how and why these decisions are being made.
We aren't going to repeat what's in that article. Instead, this is a brief update, but believe us, there will be more, lots more, to come in the next few months.
The lawsuit had been filed weeks before, and the original judge that was assigned to the case was challenged by Ms. Hammargren. It then automatically went through a long series of assignments and re-assignments to a number of other Alameda County Superior Court judges before it finally landed before Superior Court Judge Frank Roesch in Oakland.
April 15, 2016 was the first hearing, the purpose being to set the date for a hearing on the merits of the case. Appearing were petitioners, James Hendry and Kelly Hammargren, and Berkeley City Attorney, Zach Cowan, along with two other attorneys, Andrew Bassak and Christopher Rheinheimer from the San Francisco branch of the Los Angeles based law firm, Manatt, Phelps and Phillips, representing the Los Angeles owners of the building, HSR Berkeley Investments LLC. Mr. Hendry had no legal representation, and neither did Ms. Hammargran, but she was accompanied by local attorney, Mark Wolfe, who was attending to determine whether he could or would work her case. There were about a dozen recognizable Berkeley residents in the audience.
Attorneys Cowan, Bassak and Rheinheimer wanted a date in July 2016. Ms. Hammargren wanted a date in October 2016, citing difficulty in obtaining legal representation due to the busy schedules of local attorneys she had contacted. Judge Roesch sent the parties into the hallway for a discussion. They returned with no agreement on a date, except Ms. Hammargren agreed to change her request to September. The Judge responded by stating that the California Public Resources Code required that California Environmental Quality Act (CEQA) cases should be “advanced.” He then gave them a list of specific Fridays in July and August for the hearing and sent them out to the hallway for yet another discussion.
Again, the parties returned with no agreement. Ms. Hammargren made an emotional plea for a later date than July stating that the community both deserved and had a strong need for adequate legal representation. In a breathtaking and dramatic moment, Judge Roesch responded that he had read Ms. Hammargren's brief and found it “impressive.” He once again went over the dates he had offered the parties and then selected the latest date, August 26th, at 2:00 pm for the next hearing. The place will be Department 24, Alameda County Courthouse, 1221 Oak, Oakland. Judge Roesch also consolidated both petitions, Hendry and Hammargren, into one case.
Afterward, Hammargren was observed surrounded by Berkeley residents who were in the audience, giving her encouragement. Cowan, Bassak and Rheinheimer were observed outside the courthouse in deep conversation, and looking very displeased.
Mark Wolfe has now agreed to work with Ms. Hammargren but the legal fees are much more than can or should be met by one person. Help from the community with these fees is greatly appreciated and immediately needed.
Some have already stepped up, and we encourage them to give a little more. Those of you who haven't contributed need to do so now. It doesn't have to be a large amount, because a big group of people giving even small amounts, $5 or $10, can make a real difference. There are two ways to contribute:
- By check:
- Make out check to Landmark Legal Action and mail to:
- Landmark Legal Action
PO Box 12111, Berkeley, CA 94712
- By credit card Go to the website landmarklegalaction.com and use your credit card through the secure PayPal link
Either will be of great help, but please, do it now!