The Planet has learned that the would-be developers of the project planned for 2211 Harold Way, which called for the demolition of the building which houses the Shattuck Cinemas, failed to pay necessary fees to complete filing the application for a building permit by today's deadline.

On New Year's Eve at 1:02:46 p.m., developer Joe Penner said this in an email to expediter Mark Rhoades and Steven Buckley of the City of Berkeley's Planning Department:

"The city believed that development projects are a never ending piggy bank they can continue to raid.

Now the city will get zero."

This means that this project, in the works since 2015, is essentially off. The use permit granted by the previous majority on the Berkeley City Council has now lapsed, and a new project would be subject to a number of new city requirements added to combat climate change,including all-electric utilities. It would also need new approvals for requested changes which proponents claimed were needed to ensure profitability, including fewer units and six instead of ten theaters.

As some readers have noticed, I've been taking some time off from editorial duties. I've tried to keep up to date with posting submissions, but there are some good ones still in the pipeline. Next week or even sooner I hope to catch up.

The ugly daily reality of the nationwide housing crisis is forcing new leaders to organize around the vision of housing as a human right. Oakland’s #moms4housing is a protest against global corporate investment groups that are buying up and hoarding housing – NOT to shelter people but to shelter billions in investment money while sprawling homeless encampments grow nearby, along with sky high rents and housing insecurity.

No political party protects workers from the death grip of corporate predators. A national epidemic of evictions, homelessness, and housing insecurity is spreading to every region of the country. In California, over half of renters pay over one third of their income for housing, and over a third pay more than half. Hundreds of thousands are homeless.

To build an effective movement we need to understand the real cause — the capitalist economy that is failing us. Why? Because automation dominates the production of things everywhere across the world. Robots cost less than human workers, so jobs are disappearing as we speak, and they are not coming back. Together these situations have caused the rise of the broadest and deepest movement for housing in the history of the U.S. Oakland’s #moms4housing are the latest expression toward unity that are beginning to overcome the scattered, divided, and localized nature that has characterized the struggle so far. Women are standing against corporate predators and taking steps toward a new economy that puts human beings and the planet first.

After over three months of stalling, the City of Berkeley has partially fulfilled my Public Records Act Request regarding the de-benching and fencing off of Triangle Park at the intersection of Telegraph and Dwight, which originated as Herrick Peace and Freedom Park in 1968.

I received a copy of this September 12 email on this topic this week in response to my request:

From: stuart@telegraphberkeley.org

To: "Dandelion Harris"

"Berkeley Hat Company"

"Daryn Singh"

"Indigo Vintage"

CC: "Jeff Gilbert"

"Tinney, Sean"

"Robinson, Rigel"

"Hollander, Eleanor"

"Klein, Jordan"

Date: 9/12/2019 10:26: 19 AM

Subject: Update on the Triangle

All,

As many of you have noticed, the City removed the bench in the Dwight Triangle yesterday. After meeting with the City Attorney, BPD found that in order to correctly classify the space as a traffic median (technically a divisional island), the pay phone will also need to be removed. Basically everything has to go that would signal that this is a place to spend time. Until then, nothing has changed in terms of designation.

The berm creation process is underway but I should caution you that if have hope that it'll happen in the next month or so. It won't. Before the first shovel goes in the ground, the City needs to reestablish the island as a no-hang out zone. BPD plans to do this through upped enforcement of existing laws against drinking, dogs, and smoking in the general area. Once that has been reestablished we can start building. We have selected an landscape architect and are starting the process of getting all the City approvals.

Please let me know if you have any questions.

Thanks,

Stuart

With no knowledge of these plans for the park, I wrote this open letter to the Berkeley City Council on September 15, which I followed by the Public Records Act request.

The unnoticed removal of the Triangle Park bench at Dwight Way and Telegraph Avenue violates our city code, specifically Chapter 6.42, Public Parks and Open Space Preservation, which clearly states that "no public parks (hereinafter defined) or public open space (hereinafter defined) owned or controlled or leased by the City or agency thereof, shall be used for any other purpose than public parks and open space, without the Berkeley City Council first having submitted such use to the citizens for approval by a majority of registered Berkeley voters voting at the next general election..."

After reading this email, it's apparent that Telegraph Business Improvement District is clearly trying to re-designate the park as a median strip without the city-wide vote required by Measure L after having put in - and then furiously removed - benches, sculpture, a pay phone, planters, etc. all at public expense.

Triangle Park was a forerunner of the many user-developed parks which followed it, including Halcyon Commons, People's Park, Ohlone Park, Peralta Community Garden in honor of Karl Linn, and more. The BID's objections to the park's current use are that people smoke there, drink there, and bring dogs(?).

Most parks have these occasional problems, easily addressed with signage, outreach, education and enforcement.We don't destroy our parks if they are occasionally misused. And Measure L precludes their destruction.

Is your Business Improvement District out of control? If it is dedicated to destroying open space it is. Open space in Berkeley is protected. Tell your City Council that park destruction is not on the agenda.

2019 has been a dark year. Americans have spent much of the year under the grim shadow cast by mad emperor Trump. Nonetheless, there is much to be thankful for. Here are ten reasons to be grateful.

1.Nancy Pelosi: Twelve months ago, when it was clear that the Democrats had won a substantial majority in the House of Representatives, some pundits suggested that it was time for Nancy Pelosi to move on -- someone else should become Speaker of the House.

What a mistake that would have been! During 2019, Pelosi has been the primary leader of the Democratic Party, effectively leading the House Democrats through the treacherous impeachment landscape -- and simultaneously overseeing the passage of more than 400 major pieces of legislation. At the end of the year House Democrats impeached Donald Trump, setting the stage for a historic 2020 trial. Thank you, Nancy Pelosi. 

2. Increased awareness of Global Climate Change. Because of her vocal leadership on climate change, Greta Thunberg was named Time Magazine's person of the year (https://time.com/person-of-the-year-2019-greta-thunberg/). But it wasn't only Greta that spread the word; all over the world, celebrities and politicians stepped up to make the public aware that climate change is an existential threat. As a result, 2019 polls indicate that 75 percent of Americans believe that humans fuel climate change and a strong majority regard it as a crisis. Thank you, Greta Thunberg, Bill McKibben, and the many other climate change leaders. 

3. Fire Season has ended. Because of climate change, California had an extended, deadly fire season. During the Kincade fire, my community had to evacuate and go without electricity for six days. Fortunately, most of us escaped the mammoth fire. 

We're thankful that fire season is over. (And that we have since had normal rainfall.) And we're grateful for the extraordinary efforts of our emergency-service providers. 

4. The Democratic Presidential Candidates. So far, Democrats have had 28 politicians announce they would compete for the 2020 Democratic presidential nomination. At the moment, 15 are still in the competition that begins with the February 3rd Iowa caucuses. 

The good news is that these candidates offer a full-spectrum of opinions regarding how to move the United States forward. The bad news is that it's not obvious who would offer the best chance of defeating Donald Trump. Nonetheless, in a year dominated by Trump's shadow, each of these candidates offered glimmers of hope. 

5. The Whistleblower(s). At the beginning of the year, Democrats believed that the Mueller report -- into Russian interference in the 2016 election -- would bring to the light the treachery of the Trump campaign. Instead, the report confused Americans; rather than unite us in recognition of Trump's perfidy, the Mueller report heightened the polarization. Many Democrats fell into a funk. 

Then, in September, we learned that a whistleblower had filed a report with the Director of National Intelligence regarding a bizarre phone call between Donald Trump and Ukrainian President Zelensky. In this call, Trump offers a bribe to Zelensky -- military aid in return for compromising information on Democratic presidential candidate Joe Biden. As a result of the whistleblower's complaint, House Democrats began an investigation into Trump's actions that eventually resulted in two articles of impeachment: abuse of power and obstruction of Congress. 

Thanks to the whistleblower and the others who are providing detailed information about Trump's treachery. And thanks to the investigative journalists that continue to tell the truth about what goes on in Trump's White House. 

6. Reporters and Aid-workers at the Southern Border. The heinous Trump Administration "family- separation" policy began in 2018 and has continued to this date. In January of 2019, the White House admitted that they had separated more children than had previously been reported and they did not have an adequate tracking system in place. (At the end of the year, whistleblowers reported that almost 70,000 children had been detained.) 

Throughout 2019, reporters and aide-workers have been at the border, chronicling the consequences of the family-separation policy and -- whenever possible -- providing comfort to the children and their families. Thank you aide-workers who minister to the suffering. (And thank you to activists everywhere.) 

7. The New Democrats in the 2019 House of Representatives. In January, Democrats welcomed 59 new members to the House -- their most diverse class ever. The most notable of these new congresswomen was Alexandria Ocasio-Cortez. We can say a lot about AOC but most importantly, she, and her associates brought a breath of fresh air to the Democratic Party. Thank you, AOC and associates, for shaking up the Dems. 

8. Democracy Advocates. Even though much of the world has been under the shadow of Donald Trump, and other totalitarian leaders, there have continued to be political actions by advocates for Democracy. In Hong Kong. Russia. Iraq. Even Saudi Arabia. 

We're grateful for all those who stood up for Democracy. Hold on, in 2020 we've got your back. 

9. Nature. In 2019 my family completed our move to the country. What a blessing! No matter how dreadful the state of U.S. politics, taking a walk among the Redwoods always cheers me up. 

10. Music. In hard times like these, music is my go-to source of comfort: Miles Davis, Bruce Springsteen, Muddy Waters, Johnny Cash... 

2020 brought the wonderful Ken Burns "Country Music" documentary series. And the stories of how music transformed the impoverished lives of the Carter Family, Johnny Cash, Dolly Parton, and many others. "Country Music" was a reminder of the rejuvenating power of the music of the American people. And, a reminder that, even in these dark times, there is more that unites us than divides us. 

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Bob Burnett is a Berkeley writer and activist. He can be reached at bburnett@sonic.net