Condensed Review of the Supreme Court Briefs for Housing Project #2 at People’s Park

Of the five points that were appealed to the Court of Appeals NOISE and ALTERNATIVE SITES were reversed in our favor and on April 3, 2024 the Supreme Court will be reviewing those two points as requested by UC.

Documents 1-6 are the different requests to the Supreme Court for review of the Court of Appeals (COA) Opinion.

In UC Opening Merits brief (Document 7) they claim that noise generated by occupants of a residential project should not be considered in CEQA as an environmental impact. UC asserts that such noise would open the flood gates for discriminating against residents. UC further claims that noise complaints have existing city laws governing such complaints. On the alternative sites claim UC states that the Long Range Development Plan (LRDP) provides adequate analysis of alternative sites for Housing Project #2 and no more specific site specific analysis is required. As stated UC asserts their right to prioritize People’s Park as their choice on which to build student and supportive housing.

Make UC a Good Neighbor and People’s Park Historic Advocacy Group’s (OUR) answer to UC Merits brief (Document 8) argues that it is an abuse of discretion by UC to not consider sites that are potentially feasible locations for Housing Project #2; that UC’s feasibility criteria have been changed during the appeals process for their legal convenience; and that UC administration had considered alternatives and rejected them without treating them in the Environmental Impact Report (EIR). OUR argument to the noise issue is that noise is already recognized as an environmental impact in CEQA; and that both UCB and the City of Berkeley have been dealing with serious undergraduate noise problems for years.

Next in UC’s reply to OUR answer (Document 9) UC cites case law (Goleta) in which alternative sites for a project that are analyzed in a programmatic document, such as an LRDP, need not be re-analyzed in site specific project analysis. In the current case that would mean no EIR was necessary for the People’s Park project regarding alternative sites.

Then on September 7, 2023 Governor Newsom signed AB 1307 (Document 10) thereby creating the new CEQA statutes 21085 and 21085.2. 21085 struck noise made by human beings as occupants of a residential project from consideration as a significant environmental impact. 21085.2 changed CEQA so that a housing, or mixed use, project of an institution of higher education need not consider alternative sites in a project EIR if alternative sites were treated in a higher level programmatic EIR.

As stated by UC attorney Jeremy Rosen (Document 11) “The Legislature passed this urgency legislation to overrule the Court of Appeals opinion in this matter with respect to People’s Park.

In Documents 12 OUR attorney objects to UC’s request that the Supreme Court examine the legislative history of AB 1307 to determine aspects of its intention.

In Document 13 OUR attorney requests that supplemental briefs, requested by the Court for argument regarding the effect of AB 1307 on the COA’s Opinion are not submitted simultaneously.

In UC’s Opening Supplemental brief (Document 14) UC asserts that AB 1307 confirms the merits (correctness) of their briefs. Without much argument or referral to case law they state that CEQA should not be expanded to allow noise of residential projects occupants to be considered an environmental impact (21085), and that Housing Project #2’s EIR need not consider alternative locations for that residential project since is student housing for an institution of higher education, and since alternative locations were discussed in the LRDP (21085.2).

Document 15 is another request for the Court to examine the legislative history of AB 1307.

In what may turn out to be the most critical filing for the preservation of People’s Park, Document 16 is OUR answer to UC’s supplemental brief. In that answer brief we concede that, being a residential project, both the noise (21085) and the alternative site (21085.2) changes in CEQA legally apply to Housing Project #2 at People’s Park. With those two new CEQA statutes in effect both claims on which we had prevailed in the COA are moot, i.e. no law exists under which the Supreme Court can rule for relief on OUR claims.

In that same answer brief (Document 16) OUR attorney builds a detailed case supporting OUR noise claim as an environmental impact in CEQA law. OUR assertions stem from the fact that 21085, as written, applies to residential projects. OUR noise claim arises from an LRDP project of increased enrollment for UCB. As explained, it is the increased number of students partying on the streets, and other locations in the Southside (not in student residences), that creates a negative environmental impact.

Should the Supreme Court concur with OUR argument on the noise issue the EIR could be returned to the Superior Court for modification.

The Justices of the Supreme Court may question the attorneys on issues dealing with background and structure of AB 1307 or how the new statutes effect previous court rulings.

Documents 18 thru 24 are amicus briefs from various government institutions and one other request for consideration of legislative history which I will not cover.

As this summary of 1/3 (Supreme Court only) of our attorney’s efforts indicates this has been a costly law suit. We are indebted to them for excellent representation of People’s Park, but also simply indebt to them for a large sum of money. Please donate whatever you can using this QR link below to our Venmo account or go to for our GoFundMe donation link. THAKK YOU from PEOPLE’S PARK HISTORIC DISTRICT ADVOCACY GROUP

Viewing the Oral Arguments at April 3, 2024 Supreme Court session opens at 8:30 am on 4/3/24 here:

< https://supreme.courts.ca.gov/case-information/oral-arguments/webcast-library>

S279242 – MAKE UC A GOOD NEIGHBOR v. REGENTS OF THE UNIVERSITY OF CALIFORNIA (RESOURCES FOR COMMUNITY DEVELOPMENT)

(links to the numbered briefs follow below)

  1. Respondents’ Petition for Review Filed on March 28, 2023
  2. Appellants’ Petition for Review Filed on April 4, 2023
  3. Appellants’ Answer to Petition for Review Filed on April 12, 2023
  4. Respondents’ Answer to Petition for Review Filed on April 24, 2023
  5. Respondents’ Reply to Answer to Petition for Review Filed on April 24, 2023
  6. Appellants’ Reply to Answer to Petition for Review Filed on May 3, 2023
  7. Respondents’ Opening Brief on the Merits Filed on June 16, 2023
  8. Appellants’ Answer Brief on the Merits Filed on August 4, 2023
  9. Respondent, The Regents of the University of California, Reply Brief on the Merits Filed on August 24, 2023
  10. Respondent, The Regents of the University of California, Request for Judicial Notice Filed on August 24, 2023
  11. Respondent, The Regents of the University of California, September 8, 2023, Letter Filed on September 8, 2023
  12. Appellants’ Opposition Filed on September 8, 2023
  13. Appellants’ September 8, 2023, Letter Filed on September 8, 2023
  14. Respondent, The Regents of the University of California, Supplemental Brief Filed on September 20, 2023
  15. Respondent, The Regents of the University of California, Request for Judicial Notice Filed on September 20, 2023
  16. Appellants’ Reply to Supplemental Brief Filed on October 4, 2023
  17. Appellants’ Opposition Filed on October 4, 2023
  18. Appellants’ Request for Judicial Notice Filed on October 4, 2023
  19. Amicus Curiae Brief of City of Berkeley Filed on October 4, 2023
  20. Respondent, The Regents of the University of California, Reply to Supplemental Brief Filed on October 9, 2023
  21. Amicus Curiae Brief of The Two Hundred for Homeownership Filed on October 16, 2023
  22. Amicus Curiae Brief of League of California and California State Association of Counties Filed on October 16, 2023
  23. Amicus Curiae, The Two Hundred for Homeownership, Notice of Errata Filed on October 20, 2023
  24. Appellants’ Response to Amicus Curiae Brief Filed on October 25, 2023

PDF of this document
https://www.peoplespark.org/wp/wp-content/uploads/2024/03/Review-of-Supreme-Court-Briefs-for-Housing-Project-2024-03.pdf

Michael Delacour – a radio memorial

Compiled from video footage taken by Aidan Hill, and audio from KPFK

On April 23rd, 2023 the long embattled People’s Park community in Berkeley California celebrated its 54th Anniversary, and paid tribute to one of its founders, Michael Delacour, who passed away on March 9th, 2023.

With an introduction by Michael Novick of Pacifica community radio station KPFK 90.7 FM Los Angeles, when it was aired there on Somethings Happening on June 6th, 2023.

What follows are the voices of

  • Tiny Gray Garcia
  • Ed Monroe
  • David Axelrod
  • Odile Hugonot
  • Alan Haber
  • Andrea Prichett
  • Aidan Hill
  • Albert from the boilermakers union
  • Carol Denney
  • Stevie B
  • Cheryl Davila
  • Reggie
  • Andrea Mallis
  • Hali Hammer
  • and others remembering Michael Delacour.

For more information about Michael and People’s Park, and to watch the full 8 hour video of the anniversary, please browse to PeoplesPark.org online, or better yet, come visit Berkeley in person and help plant some trees in People’s Park!

The direct link with the write-up is here:
https://archive.org/details/Michael-Delacour-Memorial-2023

Publication date: 2023-04-23

Related: Michael Delacour – a legacy of helping people and a People’s Park founder

Supreme Court of California hears arguments on People’s Park CEQA case April 3

The Supreme Court of California will hear the Oral Arguments in our People’s Park CEQA case in Los Angeles on April 3, 2024 at 9 am. The attorneys will make points and respond to questions posed by the justices.

An important area of discussion is how the new CEQA regulations (21085 and 21085.2) created by AB 1307 affect the decision of the Court of Appeals (COA) that the Supreme Court is reviewing. For one example, 21085.2 can be seen as making the return of the EIR for Housing Project #2 at People’s Park back to the trial court, as the COA has ruled, a moot point. On another point it could be argued that the criteria for enactment of 20185.2 was not met and the COA decision is still enforceable. The issues in the case are quite complex due to AB 1307.

See the People’s Park Documents archive for information on the case.

PRESS RELEASE – People’s Park Teach-In at UC Berkeley on February 26, 2024

For Immediate Release
Contact: Harvey Smith, peoplesparkhxdist@gmail.com, 510-684-0414

“What’s Going On?”

A Teach-In on People’s Park

7-9 p.m., Monday, February 26, 2024
Maud Fife Room – 315 Wheeler Hall, UCB

People’s Park is currently barricaded by stacked shipping containers topped with razor wire and guarded round-the-clock, following a midnight raid in early January by combined police forces from UC, CSU, Alameda County, San Francisco City and County and the California State Highway Patrol, organized by the UC Berkeley administration. Why? “The existing legal issues will inevitably be resolved, so we are taking this necessary step now to minimize the possibilities of conflict and confrontation, and of disruption for the public and our students, when we are cleared to resume construction,” said Chancellor Carol Christ (The Berkeleyan, January 16, 2024). Like others in the flood of official campus public relations communications with which students, faculty and staff have been inundated since the Chancellor’s 2017 announcement of plans to build student housing on the park, this response falls short of explaining why there is such fear of “conflict and confrontation” and such strong opposition to these plans, even from students whose interests the plans are supposed to serve.

For a broader range of perspectives on what was and is going on at People’s Park, Teach-Ins have been organized by UC Berkeley students (January 24) and by community groups (February 4). Please join us for the next one. There will be ample time for Q and A. Fiat Lux!

Presenters:

  • Harvey Smith, organizer of the People’s Park Historic District Advocacy Group and project advisor for The Living New Deal, UC Berkeley Department of Geography
  • Tom Dalzell, labor lawyer and author of The Battle for People’s Park, Berkeley 1969
  • Tony Platt, author of The Scandal of Cal: Land Grabs, White Supremacy and Miseducation at UC Berkeley and affiliated scholar at Berkeley’s Center for the Study of Law and Society
  • Steve Wasserman, publisher of Heyday Books and park activist since 1969
  • Sylvia T, recent UC Berkeley graduate, independent archival researcher and People’s Park defender
  • Sara Pech, Historic Preservation Club, a UC Berkeley student group
  • Representatives from the Suitcase Clinic, a UC Berkeley student group

Moderator:

  • Kristin Hanson, Professor of English, UC Berkeley

Please note that although masking is no longer required on campus it is much appreciated.

People’s Park National Trust Letter – December 22, 2023

National Trust for Historic Preservation®

December 22, 2023

Harvey Smith
People’s Park Historic District Advocacy Group
P.O. Box 1234
Berkeley, CA 74701-1234

Re: People’s Park, Berkeley, CA, and Make UC a Good Neighbor v. Regents of the University of California, No. S279242

Dear Mr. Smith,

The National Trust for Historic Preservation (“National Trust”) wishes to express our support for the preservation of historic People’s Park in Berkeley, California. People’s Park is listed on the National Register of Historic Places as nationally significant for its association with student protests and countercultural activities during the 1960s. The National Register of Historic Places is fundamentally a land-use planning tool that is intended to help prevent the loss of and harm to historic resources, and People’s Park’s inclusion on it should encourage just such a positive outcome. The National Trust is committed to advocating for significant historic places like People’s Park, and we hope that our support helps emphasize the national significance of People’s Park and the importance of exploring all possible opportunities for its preservation.

The National Trust was chartered by Congress in 1949 as a private charitable, educational, and nonprofit organization to “facilitate public participation” in historic preservation, and to further the purposes of federal historic preservation laws. See 54 U.S.C. § 312102(a). With over one million members and supporters, the National Trust works to protect significant historic places and to advocate for historic preservation as a fundamental value in programs and policies at all levels of government. In addition, the Chairman of the National Trust has been designated by Congress as a member of the Advisory Council on Historic Preservation (“ACHP”), which is responsible for overseeing federal agency compliance with Section 106 of the National Historic Preservation Act, id. §§ 304101(8), 304108(a).

One of the National Trust’s core areas of advocacy is the defense of local, state, and federal historic preservation laws. We understand that the People’s Park Historic Advocacy Group is currently involved in a lawsuit challenging, among other things, the inadequate analysis of alternatives under the California Environmental Quality Act (CEQA). The National Trust wishes to express our support for the full exploration of all potential alternatives that result in the preservation of People’s Park. The exploration of alternatives is a core protection provided to historic places by CEQA. For projects that are not dependent on a single location, such as the proposed construction of student housing, a robust alternatives analysis can often identify superior win-win solutions that allow both preservation and new construction. We hope that just such a solution can be identified that enables both the construction of new student housing in Berkeley and the preservation of People’s Park.

The National Trust would be happy to work with the People’s Park Historic Advocacy Group to help envision historic preservation opportunities at People’s Park and to advocate for its preservation. People’s Park is a unique historic place that is integral to the story of both Berkeley and the nation, and the National Trust supports the work that the Advocacy Group is doing to prevent its destruction. Please feel free to share this expression of our support in any way that may be helpful, and we look forward to continuing to work with your organization.

Sincerely,

Rob Nieweg
Senior Vice-President
Preservation Services & Outreach

Elizabeth S. Merritt
Deputy General Counsel

Chris Cody
Associate General Counsel

600 14th Street NW, Suite 500, Washington, DC 20005
E law@savingplaces.org P 202.588.6035 F 202.588.6038 SavingPlaces.org

View the PDF version of the letter

Alert to Defend People’s Park – December 30, 2023

The People’s Park Council sent out a text alert today, December 30, at 1:30 pm. It is a “heads up” for imminent attack on People’s Park. (Background info: Several sources have warned the call is out for a large number of police to be at the Park, 5 am, Tuesday January 2.) The People’s Park community refers people to the www.peoplespark.org web site, and also announces a December 31 Noon meeting at People’s Park for all to organize for park defense. Note: Please keep your phone ringer on especially on the night of January 1, 2024.

Text SAVETHEPARK to 41372 — and share this number! If possible, disable your phone’s “Do Not Disturb” for the first week of January to ensure you get nighttime alerts.

People’s Park Update – December 2023

Media outlets are reporting that UC Berkeley intends to attack People’s Park in the first week of January 2024. Yes, 16 months after UC’s failed attempt in August of 2022 to fence and destroy the park, they have regrouped and now they are ready to go back on the offensive.

We won’t let them destroy it!

Park defenders are preparing to protect People’s Park once again, as we have successfully done for the past 54 years. While there are still some issues winding their way through the courts, the situation has changed since 2022. State politicians such as Buffy Wicks, Nancy Skinner and Gov. Gavin Newsom have worked to change the law to enable UC Berkeley to ignore environmental law and finish their conquest of People’s Park.

The university will rely on hordes of riot police to do their dirty work. Do not be afraid! Come join us! When it comes to the park, the people have always prevailed — but we can’t do it without you.

Now is the time to prepare and get ready to mobilize. Get supplies together in preparation for a late-night, or early morning, resistance. Tell your friends about the Park and encourage them to join you.

Get connected in the following ways:

  1. Text SAVETHEPARK to 41372 — and share this number! If possible, disable your phone’s “Do Not Disturb” for the first week of January to ensure you get nighttime alerts.
  2. For further updates, text “@pplspark6” to 81010
  3. Come out to the park to meet people and get prepared.
  4. Form Affinity Groups so that you and your friends can engage in creative resistance to help save the park. Diversity of tactics is encouraged!
  5. Please donate to:
    People’s Park Council: https://account.venmo.com/u/PeoplesParkCouncil
    People’s Park Historic District Advocacy Group: https://gofund.me/ae2351ea or http://www.peoplesparkhxdist.org/donate-now/
  6. Visit defendthepark.org and peoplespark.org for info & resources.
  7. Follow us on Instagram! https://www.instagram.com/peoplesparkberkeley/

Protecting People’s Park affirms Berkeley’s radical tradition and the park’s place in our hearts and social fabric. It is listed on the U.S. National Register of Historic Places as a place of major historic and cultural significance and value, and is home to free daily food servings, basketball, and companionship of plants, animals, and humans.

Let a thousand parks bloom!

People’s Park Council

Press Release: Wicks legislation may kill Berkeley low income housing project

Press Release: Wicks legislation may kill Berkeley low income housing project
Date: August 23, 2023

For Immediate Release

Contact: Harvey Smith, People’s Park Historic District Advocacy Group, 510-684-0414, peoplesparkhxdist@gmail.com

State Assembly Member Buffy Wicks (D, East Bay), a vocal backer of housing for the poor and unhoused, has introduced a bill that may likely kill a supportive housing project for the homeless proposed by UC Berkeley on People’s Park, a federally recognized historic site listed on the National Register of Historic Places.

Federal law generally bans the use of Federal funds on housing projects proposed on National Historic sites unless the developer submits to an extensive Federal review, including consideration of alternative sites. UC Berkeley has declined to participate in this process, so HUD has determined at this time that federal funds would not be available for the project

Harvey Smith, president of the People’s Park Historic District Advocacy Group, said
“We have urged UC to use an alternative site, just one block away, that would accommodate both the student housing and the supportive housing, and which would be eligible for Federal funding with no need for a Federal review. This would be a win-win solution for the university and the community.”

The university’s Project #2 plans to construct about 1000 units of student housing and more than 100 units of supportive housing for low income people in Berkeley’s People’s Park, site of one of the major social, political, and cultural conflicts of the 1960s. The park, owned by the university, has remained public open space since 1972.

Construction is currently blocked by a California State Appeals Court decision in a lawsuit brought by plaintiffs who favor building the project on a more appropriate university owned site. The court required the university to seriously consider more than a dozen alternative properties, and the university has appealed the decision to the State Supreme Court. The non-profit chosen by the university to build the supportive housing has dropped out of the project and no replacement developer has been named. Generally, long term supportive housing projects require a significant level of Federal funding

Wicks’ bill, AB1307, attempts to allow the university to build the project in People’s Park without considering alternatives. The park is an official historical landmark, recognized by both the Berkeley City and California State governments. It is also on the National Register of Historic Places, a list established by federal law to designate sites of such national historical importance that they deserve preservation.

Supporters of Peoples Park have urged UC to move the project to the decrepit Channing parking structure, a 1.7 acre university property located just one block west of the park. It’s now occupied by a sixty-year-old parking structure that must be taken down for seismic reasons. The university has designated the site for eventual student housing but has no specific project or designated funding for that purpose.

Harvey Smith said, “We urge Wicks to drop her amendment and urge the university to build the project in an appropriate alternative location. This would assure the construction of both much-needed student and supportive housing. And it would preserve an invaluable historic resource, consistent with federal preservation policy. Finally it would also preserve the only public open space in Berkeley’s most densely populated neighborhood.”


Revitalizing our People’s Park in Berkeley

A misguided disaster struck People’s Park and many trees dear to us were chopped down, killed. We will continue to revitalize the park with resources anyone can contribute.

The dryness in summer is hurting trees, bushes, community gardens with flowers, herbs and vegetables, and happens when UC keeps the water turned off. Park gardeners do what they can in transporting water bucket by bucket. Please contact us if you are able to help out. Every bucket makes a difference, and it can be a great group activity if you get your friends together to do a bucket brigade. Send us photos to post when you do this!

photos from August 4, 2022