Public Comment

The majority vote of the Berkeley City Council Thursday night was disappointing. It was depressing. Many members of the community started to whisper as council deliberated, 'the fix is in,' but I thought the council would actually critique and analyze the record and realize the defective and legally flawed ZAB decision. I support building affordable housing in Berkeley. Last night's vote, however, will not result in one inch of affordable housing in this prime downtown location: near BART, the library, the post office and YMCA. A one-bedroom apartment at 2190 Shattuck Avenue will rent at $4,200 per month! And they are not rent controlled units, so upon renewal, the rent can increase without any limit. Most Cal students who live in new buildings downtown move out after the first year or break their leases early. Many Cal parents are shocked by the high rent increases, believing erroneously that all buildings are rent-controlled in Berkeley.

Sadly, our city leaders have bent over backwards to meet developers' demands instead of local community needs. Experts and a diverse set of Berkeley residents testified last night that the developers' proposal as approved by the Zoning Adjustment Board was legally flawed. Detriments were not considered, environmental standards are at the lowest level, community benefits were not significant, and affordability is non-existent..  

Dozens of Cal students spoke from the same "Talking Points" in support of the developer, yet the majority of Cal students will not be able to afford any of the 274 market rate units where Walgreen's now sits (unless 4-6 students squeeze into a 'microunit' or one bedroom. At the end of the meeting, students from my alma mater were celebrating their 'victory' with signs that said "FU--K the View."  

The developers are also misguided in this proposal which fails to meet the test of our city’s zoning and land use principles. It should have been remanded to ZAB. When they put in ‘affordable housing mitigation’ fees INSTEAD of Below Market Rate units on site, the developer is kicking the proverbial can down the road to fund affordable units somewhere else 3-10 years from now. We need BMR units now. UC Berkeley students need affordable housing built by the university also (at any or all of the six sites they own other than People's Park). There are long waiting lists and a high demand for BMR units currently for seniors, low income Cal students, people with disabilities who need elevators, working families displaced by Owner Move In evictions, and Berkeley's middle and working class workers (retail, teachers, artists, nonprofits) who cannot afford the market rate units in this project.  

This project also fails the inclusivity and diversity test, glorified gentrification with displacement. Berkeley,once a vibrant, culturally diverse community which considered the needs of all, is an expanding haven for expensive market rate units. 

I mentor Cal students who live in BMR units. I mentor housing and food insecure Cal students. This building will not make them more secure or house them. The ‘community benefits’ are inadequate (a community room not offered as free and lacking pre-confirmed standards and a Project Labor Agreement), the design is out of conformity with the neighborhood, and the 18 story building is substantially detrimental to a historic public view.  

They could build this project with two to three fewer floors, but refused to compromise. Further, the developers promised me at a hearing on this project that they would commit to BMR units on site. Broken promises. Our town needs affordable housing now! UC Berkeley students and staff and world-wide visitors will be deprived of a significant cultural resource (Campanille to SF Bay View Corridor).  

My sign would use a different four letter word, LOVE the view and Build Affordable Housing. You can and must do both! 

Dear Mayor and Council: 

Post -Script: The majority vote of the Berkeley City Council last night was disappointing. It was depressing. Many members of the community started to whisper as council deliberated, 'the fix is in,' but I thought the council would actually critique and analyze the record and realize the defective and legally flawed ZAB decision. I support building affordable housing in Berkeley. Last night's vote, however, will not result in one inch of affordable housing in this prime downtown location: near BART, the library, the post office and YMCA. A one-bedroom apartment at 2190 Shattuck Avenue will rent at $4,200 per month! And they are not rent controlled units, so upon renewal, the rent can increase without any limit. Most Cal students who live in new buildings downtown move out after the first year or break their leases early. Many Cal parents are shocked by the high rent increases, believing erroneously that all buildings are rent-controlled in Berkeley. 

Sadly, our city leaders have bent over backwards to meet developers demands instead of local community needs. Experts and a diverse set of Berkeley residents testified last night that the developers proposal as approved by ZAB was legally flawed, detriments were not considered, environmental standards are at the lowest level, community benefits were not significant, and affordability is non-existent.. Dozens of Cal students spoke from the same "Talking Points" in support of the developer, yet the majority of Cal students will not be able to afford any of the 274 market rate units where Walgren's now sits (unless 4-6 students squeeze into a 'microunit' or one bedroom.  

At the end of the meeting, students from my alma mater were celebrating their 'victory' with signs that said "FU--K the View." The developers are also misguided in this proposal which fails to meet the test of our city’s zoning and land use principles. It should have been remanded to ZAB. When they put in ‘affordable housing mitigation’ fees INSTEAD of Below Market Rate units on site, the developer is kicking the proverbial can down the road to fund affordable units somewhere else 3-10 years from now. We need BMR units now. UC Berkeley students need affordable housing built by the university also (at any or all of the six sites they own other than People's Park).There are long waiting lists and a high demand for BMR units currently for seniors, low income Cal students, people with disabilities who need elevators, working families displaced by Owner Move In evictions, and Berkeley's middle and working class workers (retail, teachers, artists, nonprofits) who cannot afford the market rate units in this project. This project also fails the inclusivity and diversity test, Glorified gentrification with displacement. Berkeley once a vibrant, culturally diverse community which considered the needs of all, is an expanding haven for expensive market rate units. 

I mentor Cal students who live in BMR units. I mentor housing and food insecure Cal students. This building will not make them more secure or house them. The ‘community benefits’ are inadequate (a community room not offered as free and lacking pre-confirmed standards and a Project Labor Agreement), the design is out of conformity with the neighborhood, and the 18 story building is substantially detrimental to a historic public view. They could build this project with two to three fewer floors, but refused to compromise. Further, the developers promised me at a hearing on this project that they would commit to BMR units on site. Broken promises. Our town needs affordable housing now! UC Berkeley students and staff and world-wide visitors will be deprived of a significant cultural resource (Campanille to SF Bay View Corridor).  

My sign would use a different four letter word, LOVE the view and Build Affordable Housing. You can and must do both! 

Respectfully, 

Moni T. Law, J.D. 

UC Berkeley, B.A.1982 

USF Law School, Juris Doctorate, 1986 

Washington State Bar License #16945 

Past ASUC Senator, Current Berkeley Resident 

A mother who wants to see a town that everyone can call home, and see the beauty of the Bay from my Alma Mater!