ATTACHMENT 9 ZAB 09-30-15 Page 1 of 56 · Residences (2211 Harold Way). Please include these two...

ATTACHMENT 9 ZAB 09-30-15 of 56

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Jacob, Melinda

Subject: FW: The Residences - GreenTRIP Project Evaluation Report + Letter of Conditional Certification

Attachments: Residences_GreenTRIP_PER_Sept 2015_FINAL.pdf; Residences_GreenTRIPCondCertLetter_Sept 2015_FINAL.pdf

From: Jean Long [mailto:[email protected]]

Sent: Monday, September 21, 2015 12:48 PM

To: Allen, Shannon <[email protected]>

Cc: Katie Gladstein <[email protected]>

Subject: The Residences - GreenTRIP Project Evaluation Report + Letter of Conditional Certification

Hello Shannon,

Attached are the GreenTRIP Project Evaluation Report and Letter of Conditional Certification for the

Residences (2211 Harold Way). Please include these two documents in the agenda and packet for the Zoning

Adjustments Board members in anticipation of the September 30th hearing.

Please do give me a call if you have any questions. Thank you!

Sincerely,

Jean

--

Celebrate Mary Nichols and Vien Truong on October 29 for their leadership, innovation, vision, and commitment to equity. Get your

tickets to our 2nd LIVE Awards + Benefit today!

Jean Long

GreenTRIP Planner

TransForm 436 14th Street, Suite 600 Oakland, CA 94612 (510) 740-3150 x 340 Website | E-mail Alerts | Facebook | Twitter

On Fri, Sep 18, 2015 at 2:54 PM, Jean Long <[email protected]> wrote:

Hello Shannon,

My name is Jean Long, GreenTRIP Planner at TransForm. I plan on sending documents to you shortly

regarding GreenTRIP Certification for the Residences (by Monday afternoon around 1pm).

Katie Gladstein at Rhoades Planning Group mentioned that you have questions for me. Please do give me a

call at you earliest convenience. I'll be here until 5:00 today and will be in the office from 12:30 to 5:30 on

Monday, 9/21.

Thank you!


2

Sincerely,

Jean


Traffi c Reduction + Innovative Parkingwww.GreenTRIP.org

PROJECT EVALUATION REPORT

GreenTRIP

THE RESIDENCES

The Residences at Berkeley Plaza meets GreenTRIP certifi cation standards for the Urban Center Place Type. Above is an evaluation of how The Residences satisfi es each category.

Average spaces per home (including guest parking), excluding spaces shared with non-residential uses.

101 RESIDENTIAL PARKING SPACES

302 HOMES

The project must have at least two of these three traffi c reduction strategies:• UNBUNDLED PARKING

• DISCOUNT TRANSIT PASSES

• FREE CARSHARE MEMBERSHIP

• PROVIDE TWO FREE AC TRANSIT EASYPASSES PER UNIT (ONE FOR LIFE OF PROJECT PLUS ADDITIONAL PASS FOR 40 YEARS)

• 100% UNBUNDLED PARKING

PER HOUSEHOLD, BASED ON

URBEMIS PROJECTION

Per HouseholdBay Area Average is 50 Miles Driven per Day, per Household

Per HouseholdEach household of The Residences is expected to emit 12 pounds of GHGs per day.

*URBEMIS Model 2007 v9.2.4

COMPARED TO THE TYPICAL BAY AREA HOUSEHOLD THE RESIDENCES AT BERKELEY PLAZA IS PROJECTED* TO RESULT IN:

2211 HAROLD WAY, BERKELEY CADEVELOPER: HSR BERKELEY INVESTMENTS, LLCCONSULTANT: RHOADES PLANNING GROUPWWW.2211HAROLDWAY.COM

PROJECTED DAILY DRIVING BY RESIDENTS(Vehicle Miles Traveled per Household per Day)

APPROPRIATE AMOUNT OF PARKING

TRAFFIC REDUCTION STRATEGIES

URBEMIS 2007 v9.2.4

LESS THAN 25 MILES/DAY

MAXIMUM 1.0 SPACES/UNIT

AT LEAST 2 OF 3 TRAFFIC REDUCTION STRATEGIES

GreenTRIP evaluates how well a proposed residential project design achieves Traffi c Reduction and Innovative Parking strategies.

GreenTRIP conducts an evaulation based on information provided by the developer and gathered from publicly available sources.

CONDITIONAL CERTIFICATION UPDATED AS OF SEPTEMBER 9, 2015

The Residences at Berkeley Plaza has qualifi ed for a Conditional Certifi cation. Full Certifi cation is contingent on inclusion of key project characteristics in fi nal city entitlements.

LESS GHGS66%

12 MILES/DAY

0.33 SPACES/UNIT

URBAN CENTER

FREE TRANSIT PASSES UNBUNDLED PARKING

PLACE TYPE

LESS DRIVING 75%

GreenTRIP standards are customized for diff erent types of neighborhoods, or “Place Types,” as defi ned by the Metropolitan Transportation Commission’s Station Area Planning Manual.

GREENTRIP STANDARDS

GREENTRIP STANDARDS

GREENTRIP STANDARDS


Contact: Jean Long, GreenTRIP [email protected] (510) 740-3150 x340 www.GreenTRIP.org

QUESTIONS?

TRIP REDUCTION CREDITS

The following is an inventory of URBEMIS model inputs. The projected driving is aff ected by the following trip reduction credits.

DENSITY

THE RESIDENCES AT BERKELEY PLAZA PROJECT CONTEXT MAP

377 UNITS/ACRESOURCE: RHOADES PLANNING GROUP

WITHIN A HALF-MILE

12,931 JOBS7,154 HOMES

LOCAL RETAIL PRESENTSOURCE: 2010 CENSUS

3,847 BUSES IN 1/4 MILE 266 BART TRAINS DAILY

195 SHUTTLES (UC/ALTA BATES)SOURCE: 511.ORG

CONCENTRIC CIRCLES REPRESENT THE AREA WITHIN 1/4 AND 1/2-MILE FROM THE PROJECT.RED SHADING REPRESENTS THE PROJECT FOOTPRINT. SOURCE: GREENTRIP PARKING DATABASE

465 INTERSECTIONS PER SQ. MILE

100% STREETS W/ SIDEWALKS

80% ARTERIAL STREETS W/ BIKE LANES

OR WHERE SUITABLE, DIRECT PARALLEL ROUTES

SOURCE: GOOGLE MAPS, ALAMEDA COUNTY GIS

0% OF UNITS ARE DEED RESTRICTED BELOW MARKET RATE HOUSING

SOURCE: RHOADES PLANNING GROUP

8% REDUCTION

18% REDUCTION

2% REDUCTION

13%REDUCTION

6%REDUCTION

0%REDUCTION

AFFORDABLE HOUSING

PEDESTRIAN/BICYCLE FRIENDLINESS

TRANSIT SERVICE

MIX OF USES

KEY PROJECT DETAILS:• 0.8 ACRES, 302 UNITS, 18 STORIES

• $6.04 MILLION TO HOUSING TRUST FUND • PROVIDE TWO FREE AC TRANSIT EASYPASSES (ONE

FOR LIFE OF PROJECT AND AN ADDITIONAL PASS FOR 40 YEARS) PLUS ONE EASYPASS PER EMPLOYEE

• 5 PUBLICLY ACCESSIBLE CARSHARE PARKING STALLS

• INSTALL AT LEAST 100 SECURED BIKE PARKING SPACES

a project of

Residents living and working within a 1/2 mile or 10 minute walk to transit are 10 times more likely to take transit. 1

Residents living within a 1/2 mile of transit drive 50% less than those living further away. 2

1 ABAG New Places, New Choices, 20072 Cervero, Arrington, TCRP Report 128, 2008

Rendering of 2211 Harold Way

N

N


September 30, 2015

City of Berkeley Zoning Adjustments Board2120 Milvia Street, Berkeley, CA 94704

Re: Conditional GreenTRIP Certifi cation for The Residences at Berkeley Plaza

Dear Chair Pinto and Board Members, We are pleased to announce that The Residences at Berkeley Plaza qualifi es for Conditional GreenTRIP Certifi cation based on the currently proposed design and amenities dated September 9, 2015.

The Residences at Berkeley Plaza meets GreenTRIP standards with a projected maximum of 12 vehicle miles/household/day, a parking ratio of less than one space per unit, and the provision of two traffi c reduction strategies.

The developer will provide two free AC Transit Easy Passes per unit (one for the life of the project and one for 40 years), as well as one free AC Transit EasyPass per employee. The Residences will also have unbundled parking so residents pay parking separately from the cost of rent. The free transit passes alone will generate $23 million in transportation savings for residents over 40 years.

In 2008, TransForm launched GreenTRIP, a certifi cation program for new residential development, focused on Traffi c Reduction and Innovative Parking. Since 1997, TransForm has been working for world class public transportation and walkable communities in the Bay Area and beyond.

GreenTRIP certifi es projects that will allow new residents to drive less while increasing their mobility in a variety of ways. When residents have access to aff ordable homes close to services, jobs and transit, and developments are designed with traffi c reduction and innovative parking, there are benefi ts for all:

• Increased household transportation savings.

• Economic support for locally serving businesses.

• Less freeway traffi c and fewer vehicle collisions.

• Public health benefi ts with increased walking and improved air quality.

• Greater demand and support of transit service.

• Reduced greenhouse gas emissions, supporting compliance with SB375 and AB32.

Based on the information provided by the consultant, Rhoades Planning Group, The Residences at Berkeley Plaza meets the GreenTRIP Certifi cation Standards for the “Urban Center” place type. The Urban Center Place Type is determined according to defi nitions set forth by the Metropolitan Transportation Commission’s (MTC) Station Area Planning Manual, 2007. GreenTRIP criteria are designed according to these Place Types and tailored to create a feasible yet innovative standard.

TRANSFORM | 436 14th Street, Suite 600 Oakland, CA 94612 www.TransFormCA.org 510.740.3150

TRIPGreen

GreenTRIPADVISORY COMMITTEE

Marcial ChaoPyatok Architects

Elizabeth DeakinUniversity of California

Berkeley

Joe DiStefanoCalthorpe Associates

Adam Garcia Greenbelt Alliance

Robert CunninghamSanta Clara Valley

Transportation Authority

Megan KirkebyCalifornia Housing

Partnership Corporation

Valerie KnepperMetropolitan

Transportation Commission

Richard LeeTransportation Choices for

Sustainable Communities

Todd LitmanVictoria Transport

Policy Institute

Kathleen LivermoreFormer, City of Alameda

Pilar Lorenzana-CampoSV@Home

Adam Millard-BallUniversity of California

Santa Cruz

Jeff rey TumlinNelson\Nygaard

Aaron WelchRaimi + Associates

Kate WhiteCalifornia State

Transportation Agency

Jeff WoodThe Overhead Wire


We expect to see the following commitments included in the project’s proposed conditions of approval and project description. As part of minimum eligibility requirements for certifi cation, the project must participate in GreenTRIP’s Transportation & Parking Survey for annual monitoring to assess parking demand and trip reduction at the site. The following describes how The Residences at Berkeley Plaza meets GreenTRIP standards. Please refer to the attached Project Evaluation Report for more details.

1. The Residences at Berkeley Plaza must create less than 25 miles/household/day.

Using a model created by the California Air Resources Board for estimating greenhouse gas emissions, future residents at The Residences at Berkeley Plaza are projected to drive at most 12 miles/household/day. This is 75% less than the Bay Area regional average of 50 miles/household/day. The primary reasons for reduced driving are the project’s density, location and proximity to jobs, services, and transit, and the provision of free transit passes.

2. The Residences at Berkeley Plaza must have no more than 1.0 parking space per unit.

The conceptual design of The Residences at Berkeley Plaza meets this standard by providing 101 parking spaces for 302 units (0.33 spaces/unit). Fewer spaces provided for parking allows for more resources to be spent on other amenities such as bike parking and transit passes described below. We are conditionally certifying the project based on the understanding that the parking will not exceed 1.0 spaces per unit.

3. The Residences at Berkeley Plaza must provide at least 2 of 3 Traffi c Reduction Strategies: Unbundled parking, Free Carshare Membership or Free Transit Passes.

The developer is committed to the provision of one free AC Transit EasyPass per household for life of the project and will exceed this requirement by providing an additional pass for 40 years. 100% of the parking spaces will be unbundled to separate parking costs from the total cost of rent. Transit passes are a substantial incentive for residents to drive less, own fewer vehicles and take advantage of the full variety of transportation choices and great access to key destinations from the property. We expect to see this commitment formalized in the project’s proposed conditions of approval and project description.

Since this project is still going through entitlement, we are awarding a Conditional GreenTRIP Standard Certifi cation. We will award a full GreenTRIP Certifi cation upon city approval of fi nal entitlements, if those entitlements include the following project characteristics:

1. A total of 302 units (18 stories).

2. Net density of 377 units per acre.

3. Contribute $6.04 million to the City of Berkeley Aff ordable Housing Trust Fund

4. Provide two free AC Transit Easy Passes per unit (one for the life of the project and one for 40 years), plus free AC Transit Easy Pass per employee for life of project.

5. 100% unbundled parking spaces.

6. Install at least 100 secured bike parking spaces.

7. Maintain 5 dedicated spaces for carshare vehicles.

If any of these characteristics change signifi cantly in the approval (entitlement) process, we will need to re-evaluate the project to determine if the project still meets criteria for GreenTRIP Certifi cation. For more information please refer to our website at: http://www.GreenTRIP.org.

Sincerely,

Jean Long, GreenTRIP [email protected](510) 740-3150 x340

y


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Jacob, Melinda

From: Zoning Adjustments Board (ZAB)Subject: FW: 2211 Harold Way, Opportunity sites, FEIR, permittingAttachments: 2015-2023 Berkeley Housing Element_2 page chart downtown.pdf

From: Kelly Hammargren [mailto:[email protected]]

Sent: Wednesday, September 23, 2015 1:05 AM

To: Zoning Adjustments Board (ZAB) <[email protected]>; Burns, Anne M <[email protected]>;

Zarnowitz, Sally <[email protected]>; Powell, Greg <[email protected]>; All Council

<[email protected]>

Cc: Sustainable Berkeley Coalition <[email protected]>; saving-shattuck-working-

[email protected]; Tom Lochner - Press <[email protected]>; Becky O'Malley

<[email protected]>

Subject: 2211 Harold Way, Opportunity sites, FEIR, permitting

Dear Council, Board Members and Commissioners,

The 2015 - 2023 Housing Elements is the State-mandated update (5th cycle) of the City of Berkeley Housing Element which serves as

a policy guide to address the comprehensive housing needs of the city.

The 2015-2023 Housing Elements has been approved by City Council and accepted by the State of California. According to the

housing elements, not all opportunity sites identified need to be exercised to meet the 2015-2023 targets.

The entire 2015-2023 Housing Elements is over 300 pages long with in depth review of housing and population. For simplicity the

two page map of the downtown opportunity sites is included here as a pdf:

In reviewing the opportunity sites for the downtown, please note that Harold Way is not listed as an opportunity site, a point noted and

referred to a number of times by member of ZAB during Board member discussion at the September 10, 2015, Zoning Adjustment

Board special session on Harold Way. The entire block bounded by Shattuck Avenue, Kittredge Street, Harold Way and Allston Way

is not listed in the 2 page map of opportunity sites in the downtown.

There are many other opportunity sites listed on the map. An assessment of which opportunity sites would be appropriate for the tall

buildings has never been completed and would be helpful in assessing the feasibility and appropriateness of submitted project plans.

It should be noted that the proposed new downtown hotel at the corner of Shattuck Avenue and Center Street is opportunity site #44.

The developer has wisely chosen an opportunity site which coincidently does not impact important community resources nor the view

from Campanile Way.

The block bounded by Shattuck Avenue, Kittredge Street, Harold Way and Allston Way is the site of the landmarked Shattuck Hotel

and Shattuck Hotel addition and adaptive reuse of the Hinks Building into the Shattuck Cinemas complex.

Kelly Hammargren

[email protected]


2015 -2023 Berkeley Housing Element - Appendix A – Site Inventory and Capacity Analysis Background by Area

248

Map A-2: Downtown Area Opportunity, Sites North of Allston


2015 -2023 Berkeley Housing Element - Appendix A – Site Inventory and Capacity Analysis Background by Area

249

Map A-3: Downtown Area Opportunity, Sites South of Allston

63


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Jacob, Melinda

From: Zoning Adjustments Board (ZAB)Subject: FW: Sept 26,27 Architecture and Design tours include sustainable homes and affordable

housing

From: Kelly Hammargren [mailto:[email protected]]

Sent: Sunday, September 20, 2015 12:11 PM

To: City Clerk <[email protected]>; Burns, Anne M <[email protected]>; Zoning Adjustments Board (ZAB)

<[email protected]>; Allen, Shannon <[email protected]>; Amoroso, Alexander

<[email protected]>; Powell, Greg <[email protected]>

Subject: Sept 26,27 Architecture and Design tours include sustainable homes and affordable housing

Next weekend September 26 and 27, the Center for Architecture and Design is sponsoring home

tours. Saturday tour ($85) of five includes the affordable housing complex in Hunters View Housing and a

home built to Passive House standards. Passive Houses are ultra low energy buildings that cut energy

consumption by up to 90%. The description from the SF Chronicle Home Design included a quote from the

family that the passive house was the most reasonable of all the bids for their complete remodel and resulted in

a sustainable home. The pictures are impressive. Sunday ($30 - open house, $40 guided tour) is a passive home

in Hillsborough built to maximum sustainability.

This is an opportunity to walk thru creative architecture and see two houses with the ultimate in sustainability. It

would be wonderful for staff, council members and commissioners to view what is possible. The affordable

housing complex includes a description of how building is staged to allow existing tenants to remain in the

neighborhood.

AIA San Francisco and the Center for Architecture + Design present the 13th San Francisco Living:

Home Tours, a two-day open house event, featuring a select number of modern residences. The

popular event showcases a variety of architectural styles, neighborhoods and residences, including

single-family homes and contemporary renovations, and is the first tour series in the Bay Area to

promote residential design from the architect’s point of view.

Throughout the day, tour participants see some of the latest residential projects from the inside out,

meet design teams, explore housing trends, and discover innovative design solutions that inspire

unique San Francisco living. This year, the Home Tours program will featured 5 projects on Saturday

and on Sunday AIASF and AIA San Mateo County team up to feature "House of Earth and Sky" by

Aidlin Darling in Hillsborough CA. We hope to see you on the tour!

The home tours include passive houses in the Saturday group of five one passive house and Sunday tour is

passive home in Hillsborough.

http://www.aiasf.org/programs/home-tours/

http://www.archandcity.org/home-tours/

John King described building in Berkeley as an uncreative process. It is more than that, proposed buildings are

unimaginative, uncreative and lack renewable energy. I disagree that it is just process. After attending ZAB and

DRC meetings for the last ten months, I have seen a stream of unattractive poorly designed buildings. Some of


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them are so bad, I am beginning to recognize the developer from the plans before I ever look at the name of the

group.

Berkeley can do so much better. Lets start and stimulate our creativity.

Kelly Hammargren

[email protected]


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Jacob, Melinda

From: Zoning Adjustments Board (ZAB)Subject: FW: 2134 Harold way

From: Christopher Court [mailto:[email protected]]

Sent: Friday, September 18, 2015 5:09 AM

To: Zoning Adjustments Board (ZAB) <[email protected]>

Subject: 2134 Harold way

Please!! No!!! To The Tower!


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Jacob, Melinda

From: Zoning Adjustments Board (ZAB)Subject: FW: Saying NO to 2211 Harold Way

-----Original Message-----

From: Genevieve Wilson [mailto:[email protected]]

Sent: Thursday, September 17, 2015 4:55 PM


Subject: Re: Saying NO to 2211 Harold Way

Also, if this is of interest, Berkeley has had a Housing First Policy on the books since 2006. But we still have far less than

adequate affordable housing stock.

Only 300 below market rate units, for example. City staff should be working up more numbers on this in the future.

Genevieve

On Sep 16, 2015, at 9:43 PM, Genevieve Wilson <[email protected]> wrote:

> Hi Zab.

>

> I'm just saying no to Harold Way. We need affordable housing and smart planning regarding design, size, and location.

>

> If the city really wants to set a clear bar for incoming developers where CBAs and the like are concerned, couldn't they

make this into a pilot project and get community input in similar fashion to Berkeley Way? I realize that's a lot of work,

but it might help develop trust with constituents and set a clear standard for the future.

>

> If there's a more expedient route, that's great too.

>

> Thanks,

> Genevieve Wilson

> Berkeley Homeless Task Force


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Jacob, Melinda

From: Zoning Adjustments Board (ZAB)Subject: FW: Saying NO to 2211 Harold Way


From: Genevieve Wilson [mailto:[email protected]]

Sent: Wednesday, September 16, 2015 9:44 PM


Subject: Saying NO to 2211 Harold Way

Hi Zab.

I'm just saying no to Harold Way. We need affordable housing and smart planning regarding design, size, and location.

If the city really wants to set a clear bar for incoming developers where CBAs and the like are concerned, couldn't they

make this into a pilot project and get community input in similar fashion to Berkeley Way? I realize that's a lot of work,

but it might help develop trust with constituents and set a clear standard for the future.

If there's a more expedient route, that's great too.

Thanks,

Genevieve Wilson

Berkeley Homeless Task Force


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Jacob, Melinda

Subject: FW: thank you & meeting request (2211 Harold)

From: Denise Pinkston [mailto:[email protected]]

Sent: Tuesday, September 15, 2015 11:08 AM

To: 'Enid Camps' <[email protected]>

Cc: Allen, Shannon <[email protected]>

Subject: RE: thank you & meeting request

Enid

I said our next meeting was September 27, it is September 30. Sorry for the confusion. In any case, Shannon will make

sure that you receive notification.

Denise Pinkston Partner [email protected] 415.400.2453 direct dial 415.341.6058 cell

TMG Partners 100 Bush Street, 26th Floor San Francisco, CA 94104 415.772.5900 T 415.772.5911 F

visit our new website: www.tmgpartners.com

From: Denise Pinkston

Sent: Tuesday, September 15, 2015 11:00 AM

To: 'Enid Camps' Cc: 'Allen, Shannon'

Subject: RE: thank you & meeting request

Thank-you for the thoughtful email. I am sure that when we see one another I will remember you. I know Miranda

remembers Grady. I believe that the entire ZAB is very concerned that the issues raised by BHS be treated thoughtfully

and responsibly in the final approval documents. We all want to know that our children are safe as an incredibly high

priority for the final approval.

BHS and City staff have been working to prepare conditions of approval that work for the school for our meeting on

September 27. I would like the staff of both BHS and the City to put together their work product and bring this to the

entire ZAB and we can consider it further at our next meeting. I would like the full commission to have the benefit of

your thoughts and any remaining concerns you may have after reviewing these conditions and so I invite you to obtain

copies of material for the September 27 meeting which should have conditions of approval that have been drafted to

address the concerns of BHS. If these conditions are unsatisfactory, I invite you to either come to the meeting or

correspond with us so your good ideas get into the full hearing record.

I have copied Shannon Allen on this email so that you are placed on notification lists for this item and can keep track of

the meetings. Shannon, please share this email with the rest of the ZAB in our packet so everyone has the same

information for the next hearing.

Thanks much.

Denise Pinkston


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Partner [email protected] 415.400.2453 direct dial 415.341.6058 cell

TMG Partners 100 Bush Street, 26th Floor San Francisco, CA 94104 415.772.5900 T 415.772.5911 F

visit our new website: www.tmgpartners.com

From: Enid Camps [mailto:[email protected]]

Sent: Sunday, September 13, 2015 10:23 PM To: Denise Pinkston

Subject: thank you & meeting request

Hi Denise. I want to thank you for your continuing support of BHS student safety in the Harold Way permitting

conditions. As a BHS parent, and co-chair of the BHS Safety Committee, I have written many comments to the ZAB,

outlining the noise, traffic safety, congestion, air quality, and teacher parking impacts that still need to be addressed so

that the building process can go forward responsibly without endangering students or impacting the quality of learning

in BHS classrooms.

As you know, the BHS Safety Committee develops school safety goals and policy implementation strategies for issues

such as bullying, crime, disaster preparedness, air quality, and pedestrian, bicycle, and traffic safety around the

school. Each year we produce the State-required, District-approved Safety Plan for BHS. Our committee was studying

traffic safety and congestion issues around BHS well before we ever became aware of the Harold Way Project. We are

quite knowledgeable about the traffic safety issues, and the configuration of the school for safety purposes. I am

therefore grateful that you are concerned about the safety issues that Harold Way project poses for BHS, and that you

repeatedly have raised these concerns at ZAB meetings.

I do believe there are reasonable measures that can be taken, but that these need to be clearly spelled out in the

permitting conditions, rather than be left as vague matters for the City to address later, or however it sees fit when

issues arise.

The safety and quality of the student learning environment are not addressed simply by giving BHS a seat at the table to

know when construction snarls and noise will likely be at its worst. I have seen the draft of the City’s conditions for the

school, and I firmly believe these need to be more specifically drawn and augmented.

For example, the City should commit to measures and staging that keep BHS interior noise within levels set by the State

for schools, rather than setting the level far above what State law requires before the school can bring the matter up

with the City.

Many similar issues can be addressed with far more specific conditions than the City apparently is willing to consider at

the present time, and I believe you may have many good ideas for how to go about this.

I am hoping you can meet with me informally to discuss the issues and reasonable solutions for the school. I am asking

for this meeting only in my capacity as a BHS parent and Safety Committee Co-Chair, and not in my official capacity as a

Deputy Attorney General for the State of California in law enforcement, or as the drafter of numerous provisions of

California law designed to protect public safety.

I think we may have briefly met before, perhaps at Prospect Sierra school and/or at Kairos. Both of my sons were at

Prospect before leaving for MLK/BHS. My son Grady, who was in Kairos for several years, is now a senior at BHS.


3

I am happy to meet wherever it is convenient for you. Please let me know if you have some time to meet soon, given

the City’s imposed deadline for the school matters as 18 September 2015.

Best regards,

Enid Camps

(510) 703-8516 (cell)


1

Jacob, Melinda

From: Zoning Adjustments Board (ZAB)Subject: FW: Denise Pinkston: clearly you failed to disclose some ex parte communications!

From: Tree Fitzpatrick [mailto:[email protected]]



Subject: Denise Pinkston: clearly you failed to disclose some ex parte communications!

The meeting record, of course, reflects Ms. Pinkston's outrageous comments at last week's ZAB meeting. Becky

O'Malley does her usual great reporting of that meeting and describes Ms. Pinkston's outrageous behavior.

Ms. Pinkston, you said "i've been told" but you did not disclose any ex parte conversations. You have a legal

duty to disclose to the public who told you the misinterpretation you offered of the council's advisory

recommendation about community benefits. Every time you fail to follow the law, you give citizens another

plank in their eventually legal action. The city can't be sued, as you probably know, until Harold Way gets its

build permit and we citizens have to preserve our administrative remedies. I write most of my public letters to

the city to preserve the eventual cause of action ZAB will force citizens to file if you vote to give Harold Way

special carve outs in the voter approved "significant community benefits". I don't think ZAB or the council has

the legal authority to erase voter approval that developers granted permits to build high rises downtown will

provide significant community benefits only after mitigating thte detriments the project will cause. You can't

count mitigations of detriments as community benefits: the voters have spoken in the Downtown Plan.

Developer shills like to talk about the voters will but the voters did not vote to allow mitigation of massive

damages to our downtown, on landmarked properties no less, to be counted as significant benefits. This is a

hole big enough to drive a nice lawsuit. And land use planning attorneys here in the Bay Area have told me their

fees, if they prevail, will eventually be paid by the city.

I charaterize Ms. Pinkston's behavior as outrageous because she said, quoting from the Daily Planet piece but

also from what I heard as I listened to Ms. Pinkston: Denise Pinkston, the mayor’s appointee to the ZAB,

devoted almost all of her time to arguing that the city council has made a special decision on “significant

community benefits” which is supposed to apply to this project only.

The bracketed paragraphs below are quotes from The Daily Planets piece about Ms. Pinkston's shocking

commentary.

The City Council passed—not a resolution, not an ordinance—but what was widely reported to be an advisory

recommendation about how the ZAB should evaluate SCBs in the case of each of the five buildings which may

be granted variances to exceed the standard zoning height limit. Commissioners had been assuming that as per

statute the final decision would be theirs. But on Thursday Pinkston claimed, with increasingly shrill

persistence, that the council intended that for this project alone the SCBs should be limited to no more than

$13.6 million.

“I believe, and I have been told…” she said, that the recommendation for this specific building was mandatory,

unlike the other four which were only advisory. Her fellow commissioners, to their credit, seemed to be

dumbfounded by this contention, which came up at the end of a long evening.

Until this theory surfaced, they’d been eagerly discussing divvying up what they’ve taken to calling “the pot”.

The developers had opened the bidding with a cleverly calculated list of benefit items which (using creative

accounting) added up to more than $20 million, though a major proportion of their proffered bonuses would be


2

nothing more than mitigations of the substantial damage the project would cause, for example rebuilding the

theaters after they destroyed them.

When Pinkston started trying to radically downsize what was required, all the horsetrading came to a halt. If

I’d been on the board at that point, I might have wanted to ask Ms. Pinkston exactly who “told” her that the

mess o’ pottage from Rhoades, Penner et al. was supposed to be carved out from the recommended formula at

this required limit. Could his initials have been T.B.?

Ms. Pinkston: you have a legal duty to disclose who told you what you said you have been told about the

special treatment you want to give Harold Way. Please do your legal duty and disclose that ex parte exchange.

Sincerely,

Tree Fitzpatrick, JD, MS


1

Jacob, Melinda

From: Zoning Adjustments Board (ZAB)Subject: FW: Chairman Pinto: it saddens me to hear you say . .j




Subject: Chairman Pinto: it saddens me to hear you say . .j

Chairperson Pinto said, at the last ZAB meeting, “..it saddens me when people say no to the building just for

issues about sewer or other sustainable issues because I know those can be mitigated.”

Do you realize, Chairperson Pinto, that you come across like an uninformed person lacking any construction

expertise and a moron? You know about the city's lack construction supervision for Library Gardens. You

probably are unaware that the DRC approved Oxford Plaza with TWO fences to protect people from falling off

the roof but city inspectors approved the building with only one fence. I have seen a two year old scamper up

the chain link fence and start down to the side overlooking the street six stories below, his mother frantically

climbing after him. With no second fence, that kid was literally seconds away from death. I share this real life

failure of city inspections to point out that a dead two year old due to lack of city construction supervision

cannot be mitigated.

And the six dead Irish kids can't be mitigated.

When you speak of mitigating the many, many flaws in the EIR assessment for Harold Way, you sound like a

fawning, well conneted idiot. And I don't think you are an idiot. I think you are in thrall to impressing your

boss, the council member that appointed you.

And the way, Chairperson Pinto, you prioritize ending this crazy Harold Way study sessions, deliberating

disrupting serious dialogue with the bifurcated meeting/study sessions and then you rush commissoiners, not

allowing enough time for real dialogue.

Shame on you, Chairperson Pinto. I have judged you to be a decent guy but the way you are marshalling what

sure looks like your decision to approval Harold Way no matter how many major flaws it has that you don't care

about safety.

Tell me how to mitigate the deaths of those six Irish kids?

The two year old neighbor, whose life I may have saved when I alerted his mother to the fact that he was on top

of the flimsy chain link fence, perched a few inches from a six-story fall to certain death: how would you

mitigate such a death?

Shame on you. You could show some gumption, refuse to let the staff dominate the meeting scheduling and

insist on a clean, open process. Instead, you appear to have decided to go with the corrupt flow and vote for

harold Way so you are rushing these sham meetings to their predetermined conclusion.

The fencing atop Oxford Plaza is not the design approved by DRC and ZAB. The rooftop is unsafe. And city

inspectors ostensibly inspect Oxford Plaza once a year. When will the city mitigate the dangerous fencing atop

Oxford Plaza?


2

Sincerely,

Tree Fitzpatrick, JD


1

Jacob, Melinda

From: Zoning Adjustments Board (ZAB)Subject: FW: crane accidents are not uncommon


From: Charlene Woodcock [mailto:[email protected]]


To: Bill Woodcock III <[email protected]>

Cc: sustainableberkeleycoalition <[email protected]>; All Council <[email protected]>;

Zoning Adjustments Board (ZAB) <[email protected]>

Subject: crane accidents are not uncommon

Re: 2211 Harold Way

One of the things that angers me is the evident failure of the various commissions to consider the potentially disastrous

consequences to the surrounding historic buildings of the construction of so out-of-scale a building as the planned 2211

Harold Way project, with no space for staging trucks, supplies, and most importantly the cranes. Most frightening, of

course, is the possibility of a crane accident. Doubtless numerous cranes would be used to build so large a building and

they will endanger lives and buildings in this heavily-populated area of downtown Berkeley, across the street from the

library, with the YMCA, the Post Office, with Berkeley High just a block away. Here's what can happen:

http://www.klclutch.com/cranes/10-famous-crane-collapses/

scroll down for documentation of numerous accidents.

and the website:

http://www.craneaccidents.com/

Charlene M. Woodcock

2355 Virginia Street

Berkeley 94709


817.267.0129

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10 Famous Crane Collapses of Modern Times

May 13, 09 • Cranes, Uncategorized • 2 Comments

Crane disasters have become quite prevalent in the world as the expectations for rapid urban

development have increased globally. Bigger building, bigger projects, and exploding payrolls for the

biggest construction companies have attracted a glut of workers, trained and untrained, to build these

projects. No matter how much time is dedicated to safety accidents and crane collapses will happen.

1. “Big Blue” – Milwaukee, WI 1999

The larger the equipment that is used the larger the accident that can happen. On a frigid afternoon in

July of 1999 occurred the crane accident of all crane accidents. A 567 foot crane in use had its own

name, and to this day the accident is still referred to as “Big Blue”. Crane operators working on the

Miller Park in Milwaukee, WI were moving the largest piece of rooftop for the stadium, estimated at

423 tons. When it collapsed, it did so in dramatic fashion with numerous injuries and three fatalities.

Wind was blamed eventually for the collapse at gusts of up to 35 mph.

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2. Boston, MA 2006

Many construction accidents happen in construction zones, but sometimes they happen in the middle of

a city. This is exactly what happened downtown Boston during April, 2006. At 10 ton construction

platform plummeted 13 stories onto the traffic below instantly killing three people. The scaffolding in

question was not a crane of any sort, but it deserves a spot on this list.

Crane Accident in Boston: April, 2006

3. Battersea, England 2006

One neighborhood saw destruction in Battersea, England in September of 2006. A crane collapsed onto

a group of houses and car-park killing two people.

Crane collapse in Battersea kills Two

4. Bellevue, WA 2006

Accidents seem to happen when we least expect them. In November, 2006 in Bellevue, Washington, A

crane operator was shutting down his crane to go home for the day. Witnesses reported hearing a loud

crack sound right before the crane toppled on the surrounding condos. One man was killed sitting in his

home.

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Bellevue, Washington 2006

5. New York, NY 2007

Yet another New York, New York accident happened in December, 2007 when the lifting sling of a

crane snapped. The load of roughly seven tons dropped 13 stories. Luckily, only one worker was

injured, and no one lost their life.

Crane Accident: New York 2007


Seven people died in the deadliest crane accident in March, 2008. A crane towering over 200 feet in the

air crashed into a couple of buildings and wiped out a townhouse completely. This accident marked the

worst single death toll by a crane in New York City, New York history. The disaster was a sobering

moment for the city as it was two days away from its annual St Patrick’s Day celebration.




7. Miami, FL 2008

March, 2008 was a bad month for cranes. While New York was still reeling from its string of accidents

Miami, FL was poised for its own tragedy. The crane that was helping to build a 46 story skyscraper

Biscayne Bay suddenly lurched towards a home below crushing two workers and injuring five more.

The force was so strong that onlookers described it as if an earthquake had struck the bay.


New York City, New York seems to be a bastion for construction accidents and May of 2008 was no

different. The same construction site had received at least one previous safety violation along with




numerous complaints from members of the community. From a height of 20 stories, one crane dropped

towards the site below crushing two crew members.

9. Houston, TX 2008

A giant tower crane capable of lifting thousands of tons made its home at an oil refinery in Houston,

Texas. This particular crane found itself instantly destroyed before it had even completed being put

together. During July of 2008, during the actual assembly of the crane itself, the crane snapped of at its

base, smashing cars, cracking asphalt, and taking four people with it.




10. Cai Lan, Vietnam 2008 July 2008 was a tragic day in the port of Cai Lan, Vietnam. Seven workers

were killed and six were injured badly. It is impossible to tell the tale of all the crane accidents that have

happened in modern times. This list covers some of the more famous ones. It also gives an idea of the

many mishaps that can lead to costly and usually fatal accidents. Below is a video displaying a mobile

crane accident:

2 Responses to 10 Famous Crane Collapses of Modern Times

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June 2, 2009 at 8:38 pm

da best. Keep it going! Thank you

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June 4, 2009 at 6:50 pm

Great post! Just wanted to let you know you have a new subscriber- me!

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Virginia Bucket Truck Fatality 09/14/15

Augusta County, Virginia A man died on Saturday after falling around 20

meters after the bucket was sheared off the boom by a cable.

Read More

Rough Terrain Crane Overturn 09/11/15

Dayton, Ohio A Rough Terrain crane overturned on Tuesday in Dayton,

Ohio while pouring concrete injuring the operator. The crane looks to

have its outriggers properly extended, but we understand that one of

them was set up on soft ground which subsided causing the crane to

lose stability as it Read More

Wind Crawler Overturn 09/11/15

North West Germany A narrow track crawler crane overturned on a wind

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local reports suggest it was a 200 ton telescopic, while others say a

500 Read More

65 Deaths in Tower Crane Collapse 09/11/15

Saudi Arabia A luffing jib tower crane has collapsed onto the Grand

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Civil Defence Force. The report says that 65 worshipers have died and

154 have been injured in the incident. The crane is almost certainly

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Electrical Subcontractor Electrocuted 09/10/15

Tampa, Florida A man working with a subcontractor for Tampa Electric

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maintenance work in the suburb of Read More

Leaving the Platform Proves Fatal 09/8/15

Exeter, Devon, UK Two UK companies have been found a total of

£435,000 following a fatal fall when a man climbed out of a boom lift to

carry out a job. The incident, occurred in Exeter, Devon, in November

2011, when glazing specialist London Fenestration Trades, working for

contractor Sir Read More

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Smithfield, Rhode Island A crane placing steel-work apparently caused

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telehandler. According to one of the steel erectors, the incident occurred

when the operator of truck crane, Read More

Falling Jib Injures Two 09/1/15

Lumpur, Malaysia The jib of a tower crane dropped onto two

construction workers earlier today on the south side of Kuala Lumpur,

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Twin Fatality from Suspended Platform 08/31/15

Limerick, Ireland Two men died on Saturday after a man basket

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Ireland. Three men working for an unnamed sub-contractor were

carrying out repairs to the Thomond Bridge from a man basket slung

from the hook of a Palfinger articulated Read More

Tree Man Catapulted 08/31/15

West Fargo, North Dakota A tree worker was catapulted out of his

platform on Thursday in West Fargo, North Dakota while trying to lift a

log. Read More

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Hollywood, Florida A boom truck overturned onto an apartment block in

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1

Jacob, Melinda

From: Zoning Adjustments Board (ZAB)Subject: FW: Life on the Hayward Fault


From: William E. Woodcock [mailto:[email protected]]

Sent: Saturday, September 12, 2015 8:49 AM

To: Sustainable Berkeley Coalition <[email protected]>; All Council

<[email protected]>; Allen, Shannon <[email protected]>; Zarnowitz, Sally

<[email protected]>; Zoning Adjustments Board (ZAB) <[email protected]>; Kelly Hammargren

<[email protected]>; Becky O'Malley <[email protected]>; Charlene Woodcock

<[email protected]>; Moni Law <[email protected]>

Subject: Life on the Hayward Fault

Yesterday I sent you all an email about the staging area and the tall crane which will be required to build 2211 Harold

Way.

You might find the following addendum of interest:

<http://www.nytimes.com/2015/09/12/world/middleeast/crane-crash-grand-mosque-

mecca.html?emc=edit_th_20150912&nl=todaysheadlines&nlid=41627184>

Bill Woodcock


Berkeley CA 94709


http://nyti.ms/1KfRvJb

MIDDLE EAST

Scores Killed in Mecca as Crane Crashes Into Grand MosqueBy BEN HUBBARD SEPT. 11, 2015

IZMIR, Turkey — A large construction crane toppled over and crashed into the

Grand Mosque in the holy city of Mecca on Friday, killing at least 107 people and

raising fears about the safety of the site before the yearly hajj pilgrimage that is

expected to bring in millions of visitors to Saudi Arabia this month.

Saudi Arabia’s civil defense authority reported the accident and the rising death

toll on in its Twitter feed, saying that more than 180 people were injured.

Others posted videos said to show the crane falling amid heavy winds and rain

as well as chaos inside the mosque facility as the machinery crashed through the

building. Images circulated on social media of worshipers covered in blood resting

on the mosque’s white marble floor and laborers removing green carpets and

cleaning puddles of blood.

The Grand Mosque is the world’s largest and houses the Kaaba, the black cube

that Muslims around the world pray toward and which they walk around during the

pilgrimage.

The Saudi government is in the midst of a multibillion-dollar project to enlarge

the mosque, and the site is currently ringed with cranes. Many other construction

projects are also underway in Mecca, including for the world’s largest hotel, with

10,000 rooms, 70 restaurants and a helipad.

Page 1 of 2Scores Killed in Mecca as Crane Crashes Into Grand Mosque - The New York Times

9/23/2015http://www.nytimes.com/2015/09/12/world/middleeast/crane-crash-grand-mosque-mecca.html?em...


Saudi news media reported that the governor of Mecca Province, Prince Khaled

Al-Faisal, had called for an investigation into the cause of the crane collapse.

The Al Jazeera television network said the crane had fallen in the midst of a

severe rainstorm, suggesting weather may have played a role.

An Al Jazeera correspondent in Mecca, Hasan Patel, said witnesses had told him

the crane smashed into the third floor of the Grand Mosque about 5:45 p.m. He said

the mosque was packed with people in advance of the 6:30 p.m. prayer.

Up to three million pilgrims visit Mecca during the hajj.

The Saudi authorities go to great lengths to keep pilgrims safe as they visit, but

disasters have occurred.

In 2006, a stampede on a bridge that is part of the pilgrimage route left more

than 300 people dead, and in 2004 a stampede there killed more than 200. The

worst stampede, in 1990, claimed 1,400 lives.

Rick Gladstone contributed reporting from New York.

A version of this article appears in print on September 12, 2015, on page A3 of the New York edition with

the headline: Scores Killed in Mecca as Crane Crashes Into Grand Mosque.

© 2015 The New York Times Company

Page 2 of 2Scores Killed in Mecca as Crane Crashes Into Grand Mosque - The New York Times

9/23/2015http://www.nytimes.com/2015/09/12/world/middleeast/crane-crash-grand-mosque-mecca.html?em...


1

Jacob, Melinda

From: Zoning Adjustments Board (ZAB)Subject: FW: ZAB owes the future buildings with more self generated energy


Sent: Friday, September 11, 2015 9:36 PM


Subject: ZAB owes the future buildings with more self generated energy

The technology exists. It is obscene to approve Harold Way until its backers come up with entirely feasible

design to generate most, if not all, of the energy the buildilng will use and capatures all of the rainwater. To

capture rainwater in the rainy seasons, assuming we ever have rainy seasons again, humongous cisterns are

needed.

The technology is possible.

Berkeley should be a leader in building design and energy and water sustainability. The technology exists. Don't

let the rich investors, who will make over a hundred million bucks, off so easy. Insist they improve their designs

for energy generation and rainwater recapture. If you have to, insist on more energy generation and rainwater

capture and let them use the costs for community benefits, although the owners of Harold Way will hugely

benefit from zero net energy and effective rainwater capture and reuse. It would make a great marketing plan to

tout Harold Way as the greenest high rise in the East Bay (at least for the time being).

Given ABAGs goal that all new buildings be zero net energy by 2020 and given the fact that Harold Way is

unlikely to open to residents before 2019, it is insane for ZAB to grant a build permit without much more

energy generation and much, much more rainwater capture and reuse. Use that water to flush toilets and you

don't even need humongous cisterns.

ZAB needs to act greener, please.

Sincerely,



1

Jacob, Melinda

From: Zoning Adjustments Board (ZAB)To: Steve MartinotSubject: RE: [sustainable-berkeley-coalition] 2211 Harold Way, Staging Area

From: Steve Martinot [mailto:[email protected]]


To: William E. Woodcock <[email protected]>

Cc: Sustainable Berkeley Coalition <[email protected]>; All Council

<[email protected]>; Allen, Shannon <[email protected]>; Zarnowitz, Sally

<[email protected]>; Zoning Adjustments Board (ZAB) <[email protected]>; Kelly Hammargren

<[email protected]>; Becky O'Malley <[email protected]>; Charlene Woodcock

<[email protected]>; Moni Law <[email protected]>

Subject: Re: [sustainable-berkeley-coalition] 2211 Harold Way, Staging Area

Dear Ladies and Gentlemen,

I read Bill Woodcock’s letter to you, dated Sept. 11, 2015, and I was horror struck. Could he be right, that you

are moving ahead with permitting this enormous construction project without providing any plans for its

physical feasibility? Where indeed would one put the cranes needed for this construction?

But I happened to me in the company of an elderly lady who sometimes fancies herself my evil twin, and I

noticed that she was laughing. Quick heartily, I might say. So I looked her and said, “what on earth are you

laughing at? This is not funny.”

And I would be remiss if I did not quote her response. She said, “you should contact the ZAB and the council,

and all the rest, and tell them to get busy okaying this building as soon as possible. Get the movement to stop

this building to shut up, and let the city get on with it. Don’t you see what will happen?

“Shattuck avenue and the side streets will be shut down, or unnavigable. Construction equipment and

machinery everywhere. This project will totally interfere with BART and buses, with the Library, with the High

School, with the YMCA that so many elderly and disabled people depend on. The hotel will be empty because

no one will want to be around the noise and dust -- and even the campus will be suffering from dust (given the

drought).

“And then, bang, the stock market will crash, and funds will disappear. They will be in the middle of

construction, with downtown torn up and unlivable. And the whole thing just stops dead. It will be such an

enormous scandal. A deserted downtown and no where to go to fix it.


2

“And that will be the last straw. We will get the chance to impeach every elected official in the city for having

allowed this to happen. And then, better yet, change the charter and the bylaws so that nothing like this ever

happens again. No development not governed by the people affected.

“Can you imagine? It will be the old Berkeley, brought up to date with the most modern form of direct

democracy in the country. Only an enormous catastrophe will give us the opportunity, and baby, this is it!!!”

Well, my friend is old school. She often reminds me of those old lefties who used to say, “it will have to get

worse before it gets better.” I always figured that was a line out of Shakespeare. But he did write some powerful

tragedies.

Steve Martinot

On Fri, Sep 11, 2015 at 11:14 AM, William E. Woodcock <[email protected]> wrote:

Ladies and Gentlemen:

If you approve this building then someone will probably try to build it. To do that they will need to have a

staging area

in which they can store their materials and equipment, and most importantly, erect their 200+ foot tall

crane. This, at

least to my mind, causes a problem.

There simply isn’t enough room on Kittredge Street, Harold Way, or Allston Way. These streets are all

simply too narrow,

even if totally blocked. This leaves Shattuck Avenue as the only space available on which to erect the

construction crane.

Is it your plan to block Shattuck, wholly or in part, for the two or three years that a crane will be

required? I assume

that you realize that this is the most heavily trafficked single block in Berkeley. This leads me to ask, what

have you folks

been smoking?

Bill Woodcock


Berkeley CA 94709

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3

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1

Jacob, Melinda

From: Zoning Adjustments Board (ZAB)Subject: FW: Zavlan Houser's history of opposing public democracy & Harold Harold Way




Subject: Zavlan Houser's history of opposing public democracy & Harold Harold Way

Dear ZAB Board,

As you get closer to approving the Harold Way disaster, I would like you to reread the Downtown Plan before

you approve Harold Way.

The Downtown Plan explicitly excluded landmarked sites. Harold Way will demolish one landmarked site and

partially demolish a second. This violates the voters will. The few proponents of Harold Way, typically paid

staffers for Livable Berkeley, the city-funded Downtown Business Association, employees of Mark Rhoades

and the strange and often not Berkeley residents from the group BARF (so aptly named: they vomit nonsense

when they do speak at Berkeley public hearings), oh, and union members willing to hijack community benefits

for their union jobs when union jobs should be a simple cost of doing business in Berkeley. It is so sad that

labor unions are willing to insure their own benefits while stealing money that should be allocated to affordable

housing.

Before ZAB votes on Harold Way, I hope ZAB will study why Harold Way is being given such special

treatment, with the benefits promised to voters in the Downtown Plan being erased in union wages.

Union labor is a Berkerley standard, not a community benefit. Unions should be ashamed of themselves for

being willing to steal money from affordable housing. Instead they should advocate that Berkeley insist

investors in buildings in BErkeley use union labor.

The Downtown Plan also limited the height if new highrises. Thus far, this zoning board has ignored the FACT

that Harold Way exceeds the Downtown Plan allowed heights for new high rises downtown.

ZAB also has chosen to ignore that Harold Way flouts the DP design guideline which explicitly allows one

narrow tower with a five-story base, not three mushed together towers pretending to be one. The model and all

photos for Harold Way shows three towers but I have yet to year a ZAB member question why they should

allow three towers to be built, violating the Downtown Plan.

The proponents of harold Way and their paid shills, and even as paid shills, they can never seem to get more

than a very few folks to speak on behalf of the project. Livable Berkeley was founded by Mark Rhoades and its

Exec Director Tim reliably shows up.

And now, ZAB Commissioner, who worked for Livable Berkeley

http://www.sfgate.com/bayarea/article/Berkeley-officials-seek-to-block-petition-drive-3220936.php?cmpid=fb-

desktop. Please look at this article. City staff will not print the story for ZAB commissioners and I don't know

how to capture the photo of Zavlan Hauser readying herself to harass members of the public who stepped up to

sign the ballot measure.


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Yes, a balanced group of citizens representing this city's stakeholder groups worked for years on a Downtown

Plan, working hard to make hard compromises. But when the public group was done, city staffers weakened the

years-long-in-the-making DP to favor developers, overriding the work of that citizen group that included

business people, developers . . . and taxpayers!. So Councilmember Arrequin tried to put a downtown plan that

reflected the will of the years-long DAPAC group ont the ballot. As this Chron article states, the majority on

our council tried to stop folks from even signing to put the measuare on a ballot. and when there were enough

signatures, the council put their own, fractured, misleading downtown plan on the ballot.

I have attended most public meetings at which Harold Way was discussed. Over and over, I have heard those

who oppose harold way for its environmental flaws, its failure to conform to the downtown plan, it being three

towers pretending to be one, etc. get derided. OVer and Over, I heard shills from Livable jBekreley, which once

employed the new commissioner Zavlan Hauser to suppress the democratic process by harassing folks from

signing the ballot petition, decry opponents to Harold Way by citing the Downtown Plan.

But no one on the ZAB, or LPC or Design Review or the planning commission or the council has ever pointed

out that harold Way does not conform to the Downtown Plan.

ZAB, it is your job to reject Harold Way unless and until the investors present a project that conforms to the

downtown Plan. It is not right that out of town investors can come along, ignore the voters will as manifested in

the Downtown Plan and pretty much build what they want AND be allowed not to pay the promised

SIGNIFICANT COMMUNITY BENEFITS.

WHY THE HECK IS HAROLD WAY BEING RELEASED FROM THE DOWNTOWN PLAN'S

REQUIREMENT OF SIGNIFICANT COMMUNITY BENEFITS?

HAROLD WAy will yield hundreds of millions in profit but its promoters act like paying actual community

benefits amounts to stealing from them.

ZAB, you have to hold the line. ZAB, you must honor the voters will as manifested in the Downtown Plan. You

must reject harold Way because it is propsed on a site excluded from the downtown plan because of its historic

landmarks. You must reject Harold Way because it is three towers and the DP allows for one narrow tower

with a base of five stories at the base of that narrow tower. You must rejected Harold Way because its EIR has

35, at least, serious flaws in the EIR, which represent significant risks to the environment of Berkeley, putting

residents at risk.

You must reject Harold way for being taller than the voters' will allowed when voters passed the Downtown

Plan.

You must reject Harold Way unless and until its investors offer to pay the significant community benefits the

voters voted for when they passed the Downtown Plan.

It is sickening to keep hearing paid shills who show up in very small numbers to oppose Harold Way weakly

claim that this city's voters agreed to harold Way. Harold Way is far from what the voters agreed to in the

Downtown Plan.

Here is the text of the SFChron article about the way elected city officials fought to stop citizens from lending

their signatures to place an issue on the ballot. The article quotes Susan Wengraf as saying 'sometimes

democracy goes too far". Yes, that is the caliber of public servants Berkeley is now reduced to. Ms. Wengraf

and Ms. Hauser both sought to subvert democracy back in 2009. And now both these women can impose their

undemocratic views on this city.


3

don't approve Harold Way until it conforms to the DP design guideline of one narrow tower, until the

environmental flaws are dealt with, and until the investors agree to pay the significant community benefits that

the voters, not the council, voted as a requirement for the gift/windfall of building a high rise in Berkeley.

Here is the test of that news article. Go to the link to see Ms. Hauser advocating to suppress democracy:

Savlan Hauser (right) readied her anti-petition literature as Berkeley City Councilman Jesse Arreguin (center)

got resident Therese Pipe to sign the controversial petition. Virtually all of Berkeley's elected officials are

urging citizens not to sign a petition dealing with developing the downtown area.

Berkeley may take great pride as a champion of free speech and civil rights, but an unusual campaign has been

under way - led by most of the city's top elected officials - to stop residents from signing a citizen's petition.

Opposing a petition, in this case asking for a public vote on a controversial downtown development plan,

might not be unusual in many cities. But in Berkeley, which promotes extensive citizen involvement in city

affairs, the campaign has provoked some unusual arguments.

"Sometimes democracy can go too far," Councilwoman Susan Wengraf, one of the six council members

opposing the petition, said of the proposed referendum.

State Sen. Loni Hancock, Assemblywoman Nancy Skinner and Mayor Tom Bates have appeared in glossy

flyers urging the public: "Please don't sign the petition." There have been e-mails and, in some cases, people

shadowing signature gatherers to discourage potential signers.

Wengraf and Bates said they could not recall another time in Berkeley history when so many elected officials

campaigned against a citizen's petition.

At issue is the city's downtown plan, which the council approved on a 7-2 vote July 14. The plan raises height

limits throughout downtown, creates two towers of up to 225 feet - 45 feet higher than anything else in the city

- and aims to embody the city's green values.

The downtown plan was drawn up after a four-year process that included more than 150 public meetings. But

it nonetheless provoked a petition drive seeking 5,558 valid signatures by today to force a vote that could

overturn the plan.

Critics' complaints seem to boil down to two issues: affordable housing and building heights.

The council's plan calls for 20 percent of units to be affordable in new buildings. Critics wanted 25 percent.

The plan also calls for buildings taller than 85 feet to "provide significant community benefits beyond what

would otherwise be required." The possibilities include more fees and more affordable housing.

But if developers prove the benefits can "discourage development," the rules can be waived.

"That's a loophole you can drive a tractor trailer through," said Patti Dacey, a planning commissioner and a

leader in the referendum campaign.

Bates said the petition is the product of the two council members "who didn't get their way" while everyone

else worked to get compromises. The referendum threatens to hold up the critical development of downtown

for a year in the midst of a recession.


4

As for the unusual campaign, Bates said, "It's not stifling democracy. It's providing free speech. We have a

right to express our position."

Here is the photo of Ms. Hauser readying herself to harass members of the public who listened to people

gathering signatures for democracy. Her bias should be noted as she now has the power to approve projects that

ignore the people's will. Clearly she thinks her personal bias knows better than the voters what is right for

Berkeley.

Follow the Downtown Plan, follow the voters will.

•

Photo: Brant Ward, The Chronicle

How the heck do such conservataive folks find one another? Looks to me like Livable Berkeley funnels many

of the clearly biased, clearly conservative new appointees on LPC, ZAB, DRC, etc. This is not democracy. This

is playing with a stacked, unfair deck.

Remember, every time some paid shill says "the voters voted for this" that the voters did not vote for three

towers pretending to be one, the voteres did not vote to demolish landmarks, the voters explicited voted for a

plan that protected downtown landmarks, and the voters explicitly voted for significant community benefits to

be paid for the great privilege of making hundreds of millions of dollars in our city.

Honor the voters' will, not the will of a few well connected city insiders and their paid shills like Ms.

Hauser. Please.

Sincerely,



1

Jacob, Melinda

From: Zoning Adjustments Board (ZAB)Subject: FW: 2211 Harold Way, Staging Area


From: William E. Woodcock [mailto:[email protected]]

Sent: Friday, September 11, 2015 11:14 AM

To: [email protected]; All Council <[email protected]>; Allen, Shannon

<[email protected]>; Zarnowitz, Sally <[email protected]>; Zoning Adjustments Board (ZAB)

<[email protected]>; Kelly Hammargren <[email protected]>; Becky O'Malley

<[email protected]>; Charlene Woodcock <[email protected]>; Moni Law

<[email protected]>

Subject: 2211 Harold Way, Staging Area

Ladies and Gentlemen:

If you approve this building then someone will probably try to build it. To do that they will need to have a staging

area in which they can store their materials and equipment, and most importantly, erect their 200+ foot tall crane. This,

at least to my mind, causes a problem.

There simply isn’t enough room on Kittredge Street, Harold Way, or Allston Way. These streets are all simply too

narrow, even if totally blocked. This leaves Shattuck Avenue as the only space available on which to erect the

construction crane.

Is it your plan to block Shattuck, wholly or in part, for the two or three years that a crane will be required? I assume

that you realize that this is the most heavily trafficked single block in Berkeley. This leads me to ask, what have you folks

been smoking?

Bill Woodcock


Berkeley CA 94709


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