Public Comment

Commentary: Another Perspective on the Gaia Situation By GLORIA ATHERSTONE

Tuesday March 21, 2006

The City of Berkeley, members of the city government, Anna De Leon, and Panoramic Interest have spent weeks, months, years, and thousands of your tax dollars debating and clarifying the issues of the Gaia Arts Center. In an attempt to bring controversy about the Gaia Arts Center back to city government, Ms. De Leon is using her status as an attorney, misinterpretation of the facts, and influential friends in the city government to encourage city planning officials and the ZAB to reexamine the Gaia Arts Center and modify zoning. 

In recent letters to the city and published articles, Ms. De Leon indicates she was unaware of the intended use for the space when she decided to relocate her business to the location at 2120 Allston Way. Ms. De Leon was not only aware of the intended use, she drafted over five documents to city zoning officers Carol Barrett, Wendy Cosin and Mark Rhodes, which subsequently allowed for the use modifications that currently allow her for-profit bar, restaurant, and jazz lounge known as Anna’s Jazz Island and the Gaia Arts Center to obtain proper occupancy. For reasons that can best be summarized as “Landlord and Tenant” issues, Ms. De Leon would have the citizens of Berkeley and the City of Berkeley hold public hearings.  

The landlord Patrick Kennedy, and myself, manager of the Gaia Arts Center, are both confused by Ms. De Leon’s motives. Over four years ago the three of us met on multiple occasions to thoroughly discuss and outline the operation of and “the framework” for the Gaia Arts Center. Ms. De Leon was a crucial part of the genesis of the project. Anna’s knowledge of the local arts and music community, her status as an attorney, and her strong and influential ties to various departments of city government allowed us to move forward with our plans to open a multi-use artistic, cultural, and community center. 

The original use permit lists Gaia Arts and Cultural Center as an acceptable user. The original use permits exclude any food service establishment or restaurant such as Anna’s Jazz Island. On Dec. 3, 2002, Ms. De Leon applied for the first of several modifications to the use permit. The modification was granted with a variety of conditions and allowed her to open her for-profit restaurant and bar.  

On March 20, 2003, Ms. De Leon writes to city planners for further modification, she writes: 

 

Dear Mr. Rhodes, I am writing to confirm our understanding that the above referenced use permit allows us to serve all permitted food and beverage to all entities in the cultural center at 2118-2120 Allston Way, both on the main floor and on the mezzanine. These spaces will not be used for cooking or be a part of the cooking or bar facility in any formal sense, but food and alcoholic beverages may be brought to and consumed in the theatre and mezzanine spaces. 

 

Ms. De Leon has been adamant in her position that the consumption of food and beverage on the mezzanine was never an intended use. The above statement indicates Ms. De Leon’s knowledge that food and beverage service was intended in the mezzanine and the tone of the letter reflects she is acting as an advocate for these services. 

On April 22, 2003, Ms. De Leon requests further clarification and modification, she writes: 

 

As you know, we had a lengthy discussion of the cultural uses planned for the Panoramic Arts Center. This discussion was intended to clarify our vision for matters pertaining to the Center. This letter summarizes our understanding of the discussion. The Arts Center is intended to be open to the community for all kinds of cultural uses and events. They will include a wide variety of music concerts, theatre productions, films, lectures, receptions and the enormous variety of cultural and incidental uses that we discussed would be appropriate for a theatre/ concert hall venue. In an effort to keep the theatre/ concert hall in a wide cross section of community use rather than be rented or used by a single arts entity, Patrick Kennedy will retain control over all the space exclusive of that for which I hold the use permit. 

 

This letter from Ms. De Leon outlines the wide variety of cultural and community uses the Gaia Arts Center was intending to host. Ms. De Leon specifically indicates she was aware that the facility would not only host artistic cultural activities, but would host a variety of community and incidental uses that would be appropriate for the space. Ms. De Leon has now changed her mind. She is asking the city to apply restrictions to the types of community functions that may take place in the facility. Ms. De Leon is also requesting that the city and The ZAB restrict cultural and artistic functions allowing only groups that meet her definition of cultural. Ms. De Leon has written to the city requesting the “non-profit youth music concerts” which were scheduled to take place be banned and has further implied the church congregation that meets at the facility does not qualify as a cultural user and is bad neighbor for her business. 

In the April 22, 2003 letter Ms. De Leon also writes: 

 

I plan to open a jazz venue. Chris Davis who owns and operates “Lois the Pie Queen” attended the meeting in that he will participate in the food and beverage operation which will service the entire facility. 

 

This statement is a clear contradiction of recent allegations that her establishment was to be the exclusive food and beverage provider for the entire facility. It is clear from this letter Ms. De Leon never intended to provide the sale of food or beverage to the Arts Center. It is absurd to think that the availability of outside food and beverage to patrons of the Gaia Arts Center is detrimental to her business. 

The Gaia Arts Center wanted to make sure we had the support of the city and had a clarification of an actual “cultural standard” that was to be maintained. On June 6, 2003 Ms. De Leon requests this clarification: 

 

Our intent is to finish the tenant improvements for the theatre within six months from the date of city approval of the performance standards stated below. We commit to the following performance standards: in the theatre area, we will program performance use on 30 percent of the days of each month on average. In the remainder of the ground floor and mezzanine, we will program arts related activities 15 days per month on average. 

 

The language Ms. De Leon drafted for this passage was very clear and exact; her previous letters had already clearly defined a “cultural” user. This passage was written for the purpose of ensuring other community groups would be allowed to use the facility when it was not in use by cultural users. 

As reported in a staff report on Feb. 23, 2006, by Deputy Planning Director Wendy Cosin, the Gaia Arts Center has maintained over 48 percent performance standard in the theatre space. The Marsh Theatre Company (whose performance and cultural activities will be lost if Ms. De Leon is able to impose another modification) has found a receptive audience in Berkeley and is proud to call the Gaia Arts Center their East Bay home. The Marsh was willing to program “Theatrical Seasons” and they were eager to get to work on weekly performance as well. To their credit, The Marsh has successfully programmed over 100 live performances since their debut in August. 

I find Ms. De Leon’s inconsistency of opinion to be offensive. I find her ability to “flip-flop” and manipulate the issues and the law to suit her own personal agenda to be a blatant abuse of the city government’s time and our resources. Our local city government should not be used as a tool to carry out a personal agenda, especially when that agenda seems to change daily. There is an old saying: “You can’t have it both ways.” It is ridiculous that Ms. De Leon submits letters and use permit modifications to allow for the operations of the Gaia Arts Center and her own for-profit restaurant and jazz cafe and then after having disputes with the landlord and other tenants request that they be revoked. Ms. De Leon has not been able to resolve her landlord and tenant issues internally; therefore, she is attempting to manipulate the citizens of Berkeley and the city government to resolve them for her. 

 

Gloria Atherstone is the director of Gaia Arts Management, Inc.