Appeal of the Landmarks Designation for 1326 Allston Way,
L A Wood
Re: Item 19, Landmarks designation appeal for 1326 Allston Way, Berkeley
Dear City Council:
I want to express my dismay at the city council’s actions on December
17th to allow a public hearing on the landmark application for the city
property at 1326 Allston Way after 11:15 PM. This is an absolute distortion
of the legal hearing process. Moreover, this is particularly egregious
given the City of Berkeley is also the owner/developer of the property.
It was troubling to witness the numerous misrepresentations by city
staff regarding the application and the consequent Landmarks Preservation
Commission (LPC) decision, especially since I, as the applicant, was
denied any opportunity for rebuttal to their presentation.
It should be noted that no one from the LPC was present to respond to
city council questions. At the LPC meeting last night, all the commissioners,
including the LPC Chair, stated that they were not notified of the city
council hearing and Landmarks appeal of December 17, 2002 by staff.
This appears to be another calculated action by city staff to further
limit discussion and any community opposition.
The city’s actions over the last several months have deliberately
distorted the timing requirements for the Notice of Decision of this
application. (See attachment.) This is seen in the attached Planning
Department communication to Public Works director Rene Cardinaux, dated
September 24, 2002. City staff illegally orchestrated a lengthy delay
to allow extra time for several of the city’s departments to help
Public Works strengthen its appeal. It is shameful that our legal staff
allowed this to happen. The legal process only works when all are given
As the applicant to landmark the Corporation Yard at 1326 Allston Way,
I request that the council not affirm any modifications to the original
Notice of Decision, and that city council initiate a full investigation
of this matter, including the above actions by the Planning, Zoning
and Public Works staff.