Tag Archives: Zach Cowan
EPA settlement calls for repairs to East Bay’s faulty sewage lines; Berkeley to pay $133,500 civil penalty
The recent settlement of a lawsuit between the Environmental Protection Agency and several cities, including Berkeley, will lead to major repairs of the East Bay’s deteriorating sewage system — and less wastewater discharge into the bay.
The federal government had sued Berkeley, Oakland, and the East Bay Municipal Utility District (EBMUD), among others, to stop sewage overflows that released hundreds of millions of gallons of raw or partially untreated sewage water in the Bay. The spillage could be particularly acute during heavy rains, as storm water enters the East Bay sewage system through flaws in the aging pipes. … Continue reading »
Berkeley City Councilman Jesse Arreguín filed a lawsuit against Berkeley on Wednesday seeking to overturn ballot language that will be used to describe a downtown zoning initiative.
Arreguín wants an Alameda County Superior Court judge to take up the matter immediately, since final ballot language for the November 2014 election is due Sept. 2. … Continue reading »
The backers of a downtown Berkeley initiative that voters will consider in November plan to file a lawsuit next week to force the city to change the wording in the ballot measure. They contend that the summary is inaccurate, biased and misleading.
The decision to go to court was in response to Berkeley’s decision not to voluntarily change the wording of the ballot measure. City Councilman Jesse Arreguín had sent a letter on July 21 to City Attorney Zach Cowan asking for changes, but Cowan responded in a July 24 letter that he did not have the power to modify the wording. Only the Berkeley City Council, which is in recess until September, can make those changes, Cowan said.
“It is unfortunate that the City Council was not advised, at the time the biased and factually inaccurate Ballot Statement language was put forward, that such language violates legal standards,” Arreguín wrote Cowan on July 30. “In light of that omission, and given that the City Council is on recess, we have no choice but to seek judicial relief to protect the rights of all Berkeley voters to fair elections.”
Berkeley Councilman Jesse Arreguín has asked the city attorney’s office to amend the wording that will be used to describe the downtown initiative in an election pamphlet because it is “inaccurate,” “misleading” and does not comply with the law. He also said council’s adoption of that wording was in violation of the Brown Act.
Courts have ruled that “the government may not ‘take sides’ in election contests or bestow an unfair advantage on one of several competing factions,” Arreguín wrote in a July 21 letter to City Attorney Zach Cowan. Yet the ballot wording adopted by council June 24 is biased and not impartial, said Arreguín. … Continue reading »
About 50 people gathered at Berkeley’s David Brower Center last week for a discussion about the ballot initiative supporters say will put more “green” in local development, but which opponents argue will stop new projects that are contributing to a downtown renaissance and are bringing critical amenities to the city.
Berkeley Councilman Jesse Arreguín faced off against Eric Panzer, chair of Livable Berkeley and the treasurer of the group opposing the initiative. They joined Berkeleyside co-founder Lance Knobel at Impact Hub Berkeley last Tuesday evening in the first of a series of informal discussions about Berkeley issues — co-sponsored by Berkeleyside and the Hub — called The B-Side. … Continue reading »
The lawyers for Chris Smith, the owner of Forty Acres Medical Marijuana Grower’s Collective, will ask an Alameda County judge Friday to force the city of Berkeley to hold a public hearing on Smith’s appeal of the declaration that his collective is a public nuisance.
Berkeley officials have scheduled a closed-door hearing, with no press or public allowed, for June 17 on the appeal and have hired an outside administrator to rule on the case — at a cost of as much as $12,000.
Smith wants his appeal to be heard, instead, by the city’s Zoning Adjustments Board (ZAB), where he and others can talk openly about operations of the collective, said Lee Hepner, Smith’s attorney. When the city declared medical cannabis collective Perfect Plants Patients Group, or 3PG, to be a public nuisance, both the zoning board and the Berkeley City Council heard the matter, said Hepner. Forty Acres wants that opportunity as well, and suspects Berkeley has political reasons for choosing a closed-door hearing.
“We believe it is because they don’t want a public airing of the city attorney’s and city manager’s costly persecution of Mr. Smith (spanning over three years) brought before the City Council and ZAB, who have a level of expertise on zoning and use issues and can grant Mr. Smith various additional relief to which he is entitled,” said Hepner. … Continue reading »
The frustration was palpable Thursday night as zoning board commissioners noted the lack of headway by the property owner of a highly anticipated mixed-use project proposed on Berkeley’s Telegraph Avenue.
In 2012, Sarachan submitted preliminary plans to the community about his vision. But the process since then has been murky. Issues quickly cropped up related to the fate of an historic home on the project site, the potential need for an environmental review, and existing liens on the property which added up to $640,000. The latest hurdle is due to missing documents and details needed from the project architect, which must be turned in to the city before any approvals can take place. … Continue reading »
The city of Berkeley has filed a lawsuit against the Alameda County registrar of voters and the Berkeley city clerk to determine which district lines to use in the November 2014 election.
City officials say the lawsuit is necessary to determine district lines after a successful referendum drive by some Berkeley voters earlier this year halted the use of a new district map adopted by a 6-3 vote by the Berkeley City Council in December.
The city is required to redraw district lines every decade to rebalance the population across Berkeley’s eight council districts.
Three members of the council — Kriss Worthington (District 7), Jesse Arreguín (District 4) and Max Anderson (District 3) — have taken issue with the adopted map, primarily due to the boundaries of District 7. The district, as adopted, features a majority of student-aged voters, but detractors say it cuts out some of the most progressive members of the Cal community by failing to incorporate several blocks north and east of campus, which include co-op housing and other group living accommodations such as dorms and International House. … Continue reading »
Berkeley police used excessive force when attempting to arrest Kayla Moore and declined to give her mouth-to-mouth resuscitation when she stopped breathing because they considered her transgender status as something objectionable, according to a lawsuit filed in federal court Wednesday.
At least one Berkeley Police officer who responded to reports of a disturbance at Moore’s apartment at the Gaia Building on Allston Way on Feb. 13, 2013, referred to Moore as “it,” according to the lawsuit. … Continue reading »
Berkeley residents may soon see the fruits of a legal settlement between the city and a group that sued over plans to tear down and rebuild two branch libraries.
The National Trust for Historic Preservation announced Wednesday that it will award $87,000 in grant money to historic places in South and West Berkeley. The money can be used for maintenance, physical improvements, and preservation of historic properties.
The Trust is encouraging “properties with a clear public benefit that are open to the public on at least a part-time basis,” to apply online by May 15 for grants ranging from $10,000 to $25,000. … Continue reading »
Smoking cigarettes will no longer be allowed inside the units of multi-family housing developments in Berkeley, effective May 2014, after a unanimous vote by the Berkeley City Council on Tuesday night.
The council decision, once it’s adopted on second reading, would prohibit tobacco smoke inside all residential buildings that have more than one unit, and in all common areas of those buildings as well.
After considering the issue twice earlier this year, the council voted, on first reading, to approve the new ordinance, which puts forward enforcement guidelines that officials hope will protect the rights of both non-smoking neighbors as well as residents who receive complaints. … Continue reading »
A three-story, six-unit apartment building destroyed by fire early last year will remain rent-controlled, and former residents should have the right to return to the property, city staff said Tuesday night.
The Berkeley City Council heard an appeal Tuesday, filed by former tenants, of a June 2013 Zoning Adjustments Board decision regarding the property. Appellants alleged that property owner Lakireddy Bali Reddy was negligent in his approach to building maintenance, and that his negligence contributed to an unsafe situation that led to last year’s devastating fire at 2227 Dwight Way.
In addition to criticizing the city process related to rebuilding after the fire, appellants also said Reddy, of Everest Properties, should have to pay into the city’s affordable housing fund. City staff explained that the municipal code does not require that, since what is slated to be rebuilt is no different from what was on site before. … Continue reading »
The city of Berkeley and Ken Sarachan have settled a lawsuit over his empty lot at 2501 Haste St. on the corner of Telegraph Avenue, clearing the way for the construction of a a six-story, mixed-use, Moorish, palace-like structure inspired by Italian hill towns, Tibetan forts and the rock-cut architecture of Petra in Jordan.
Under the settlement, Berkeley agreed to drop its lawsuit to force Sarachan to pay $640,000 in liens or have the city sell the lot at auction. In exchange, Sarachan agreed to meet specific deadlines to pursue and build something on the lot that has been vacant for more than 20 years. … Continue reading »