Supreme Court Oral Argument April 3, 2024 – Session One – Make UC A Good Neighbor v. Regents of University of California, S279242

Supreme Court Oral Argument April 3, 2024 – Session One, Apr 3, 2024

This is a recording of the oral argument for Make UC a Good Neighbor et al. v. The Regents of the University of California et al. (Resources for Community Development et al., Real Parties in Interest), S279242.
Heard by the Supreme Court of California on April 3, 2024 in Los Angeles, CA.

Make UC A Good Neighbor v. Regents of University of California, S279242. (A165451; 88 Cal.App.5th 656, mod. 88 Cal.App.5th 1293a; Alameda County Superior Court; RG21110142.)

Petition for review after the Court of Appeal reversed the judgment in a civil action.

This case presents the following issues:

  1. Does the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA) require public agencies to consider as an environmental impact the increased social noise generated by student parties that a student housing project might bring to a community?
  2. Under CEQA, when a lead agency has identified potential sites for future development and redevelopment in a programmatic planning document, is the agency required to revisit alternative locations for a proposed site-specific project within the program?

Supreme Court Oral Argument April 3, 2024
NEWS RELEASE: Video/Photos: Make UC a Good Neighbor v. The Regents of the University of California

The California Supreme Court today heard the case during oral argument in Los Angeles.
By Merrill Balassone, April 03, 2024

https://supreme.courts.ca.gov/news-and-events/videophotos-make-uc-good-neighbor-v-regents-university-california

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.

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.”


People’s Park 54th Anniversary, music, speakers, green space gathering, Sunday, April 23, 2023, 11 AM to 7 PM

People's Park 54th Anniversary poster illustration of people gathering to celebrate the park

People’s Park 54th Anniversary
(in memory of Michael Delacour)
Sunday, April 23, 2023, 11 AM to 7 PM

Climate Event, Yukon Hannibal and Drummers, Welcome by Eddie and talk about Michael, Jordan Huez, Speakers, Hali Hammer and Randy Berge, Max Ventura, dress, and George Franklin, Marika Sage, Speakers, Moth Morgue, Speakers – Aidan Hill, Cheryl Davila, others, Driftwood Dave duo, Speakers – Alan Haber, Odile Hugonot, others, Evelie Delfino Såles Posch, Carol Denney, Speakers, Afterthought, Andrea Mallis, astrologer, FiLTHMiLK, Speakers – Russell Bates and others, Andrea Prichett group, Speakers, Jazmin, Speakers, Gurschach, Closing

11:00-12:00: Climate Event
12:00-12:30: Yukon Hannibal and Drummers
12:30-12:40: Welcome by Eddie and talk about Michael
12:40-12:55: Jordan Huez
12:55-1:10: Speakers
1:10-1:25: Evelie Delfino Såles Posch
1:25-1:35: Max Ventura, dress, and George Franklin
1:35-1:50: Marika Sage
1:50-2:05: Speakers
2:05-2:20: Moth Morgue
2:20-2:35: Speakers – Aidan Hill, Cheryl Davila, others
2:35-2:50: Driftwood Dave duo
2:50-3:05: Speakers – Alan Haber, Odile Hugonot, others
3:05-3:20: Hali Hammer and Randy Berge
3:20-3:35: Carol Denney
3:35-3:50: Speakers
3:50-4:05: Afterthought
4:05-4:15: Andrea Mallis, astrologer
4:15-4:45: FiLTHMiLK
4:45-5:00: Speakers – Russ and others
5:00-5:15: Andrea Prichett group
5:15-5:30: Speakers
5:30-6:00: Jazmin
6:00-6:15: Speakers
6:15-6:45: Gurschach
6:45-7:00: Closing

Download posters:

Poster (color) 54th Anniversary People’s Park, 2023, version 2
https://www.peoplespark.org/wp/wp-content/uploads/2023/04/poster-54th-Anniversary-PeoplesPark-colorV2.jpg

Poster (black & white) 54th Anniversary People’s Park, 2023, version 2
https://www.peoplespark.org/wp/wp-content/uploads/2023/04/poster-54th-Anniversary-PeoplesPark-bwV2.jpg

Please also come this related event:

Broad Community Meeting to Save the Park

We hope to see people from many organizations as we work toward long term stewardship and maintenance of the park in perpetuity. This is to build an inclusive community wide planning and working group to revitalize our park and to create a commons for all.

SATURDAY, APRIL 29, 1–4 PM
Community Meeting Room in Berkeley Central Library
2090 Kittredge Street, Berkeley, CA 94704

54th Anniversary Celebration: We are Peoples Park! Berkeley, CA

Posted by People's Park Community on Sunday, April 23, 2023

Appeals Court Decision, February 24, 2023

Congratulations People’s Park Supporters!!!

The Appeals Court issued their final decision today. We won the most important point in the case for the continuation of the Park. The court’s order, attached below, finds that UC’s Environmental Impact Report did not adequately analyze feasible alternative sites for Housing Project #2. Therefore, as stated in the Disposition on page 44, our claim that UC needs to look more carefully at other places to build Housing Project #2 is upheld and the case goes back to the trial court. Our current understanding is that the trial court (judge Roesch) will give instructions to UC as to how it can comply with this appeals court decision. In later days we will get a fuller understanding of what those instructions will look like. One possibility could be that UC will write another EIR with a more complete analysis of other places to build. Most importantly no construction can take place at People’s Park now or until this decision is final. After this is final either side can take additional legal steps that will delay construction even further. Because we are all interested in the timeline of future developments I include the information below from the lawyer.

Upcoming deadlines:

  • Last day to file Petition for Rehearing in Court of Appeal: 3/13/23
  • Opinion Final: 3/26/23
  • Last day to file Petition for Review in Supreme Court: 4/5/23

Appeals Court Decision, February 24, 2023:
https://www.peoplespark.org/wp/wp-content/uploads/2023/02/Appeals-Court-Decision-February-24-2023.pdf

Legal Update on People’s Park – January 12, 2023

On January 12, 2023 the Court of Appeal heard Oral Arguments on the CEQA case of Make UC a Good Neighbor and People’s Park Historic District Advocacy Group VS the Regents of the University of California. There were not any points in the arguments of either side that were different than the briefs and supporting letters that had previously been submitted by the parties. The attorney/justices interaction was very interesting. The entire 82 minute hearing is at:

https://jcc.granicus.com/player/clip/3368?view_id=41&redirect=true&h=e8920a278fccbe9f40ea13a15f093f12

For us interested in preserving People’s Park as an open space in perpetuity the hearing is very reassuring. The UC lawyer tried to gain traction for their contention that the “revitalization” (read destruction) of the park was always the core goal of Housing Project #2 and therefore the Environmental Impact Report had no obligation to analyze other alternate sites for that housing because only by building on People’s Park could the project revitalize the park. Justice Burns was especially unaccepting of this claim and interrupted and contradicted their lawyer continuously. In short, it would be very surprising if we don’t win on the alternative site issue, which would mean the EIR has to be redone.

The other meaningful exchange was about the issue of noise. Our contention that Housing Project #2 would have a significant negative impact on noise levels in the neighborhood because of the common occurrence of student parties is being critiqued as a “social” impact as opposed to an environmental impact. UC claims that the burden of predicting, analyzing and mitigating for these kinds of social noise is discriminatory and that it will delay or stop new building projects. Even the Chief Justice Terri Jackson asked about the possibility of a new building for a church being made to analyze the effect of tambourine shaking.

Our lawyer made the point that noise is noise. He also made the point that the fair argument standard should be applied. Finally he noted that anti-discrimination law is an established means by which any environmental impact can be evaluated.

This question of whether social impacts should be included in CEQA suits is complex and can be looked at from many angles. It seem to be the way developers and their political allies are going to attempt to weaken or throw out CEQA.

People’s Park Gift, a huge collaborative art project in the park, Saturday, September 3, 2022

Photo: Evelyn Sinclair. (more photos below)

UC used a backhoe as a weapon of destruction in the recent massacre at People’s Park. We wrapped it up as a gift to give back to UC. Art seminar 10 am, art workshop 11 am – 3 pm, and permanent exhibit opening at 4 pm.

Video of the UCpocrisy art collaboration with the People’s Park community in Berkeley
UCpocrisy – art project in collaboration with artist 233 – before and after

In the artist’s own words:

Saturday, September 3, 2022, exactly a month after the terrible events occurred at People’s Park, the community of People’s Park is going to wrap up a special gift back to the UC Berkeley administration. We don’t want it! Spaniard artist 233 (2amon 3lanco-3arrera) is leading an art project fruit of collective thought, sharing and work, promoted by People’s Park Council and supported by the whole community of People’s Park. The idea is to contribute through contemporary art with People’s Park’s struggle against the powerful unfair capitalist establishment in which every human being coexist.

233 is the artist name of Ramon Blanco-Barrera, a Ph.D. with a specialization in large-scale installations to raise awareness on human rights concepts and values. He is also a Faculty Member at the University of Seville, Spain. He teaches new media-based courses and his art practice and research explore social and political issues all over the world. More specifically, his work tries to send inspiring messages in order to engage and make people reflect about their lives and communities, both local and universal, trans-creating with people and using the number ‘233’ in reference to the ‘identity game’ of our current overpopulated world system.

From Lloyd Roble-Nebres, Filipino-American writer:

There are gifts... and then there are Gifts.

One is transcendent, in its simple and elemental purity: I give this to you, with no
strings or ribbons attached. Take it: for I love and cherish you.

The other is transgressive: I give it to you, wrapped in these blue and gold colors
of history and hypocrisy. Take it: for I question and challenge you.

It's this latter type that is Ramon Blanco-Barrera’s vision of the Gift
that the People's Park community is giving back to the
university.

Wrapped in fields of blue tarp, be-ribboned in the colors of the University, it
immediately draws the eye to the center of the park, where the now-cloaked giant
backhoe sits — something of a Trojan horse. But it's a horse containing not hidden,
marauding, Greeks... but instead provocative ideas and simmering sentiments.

It's an almost alien construct, something clearly not belonging to the park — but
the now-enwrapped object of which was moved there by the institution, to start
its decades-planned divestiture. One to erase an open, green space into a
residential campus — itself already surrounded by blocks and blocks of housing,
office buildings, retail establishments.

So there this gift-wrapped object sits, presented by the active spirits and People of the park to the University, in a gesture saying: we give this right back to you... it is not wanted.

Drawing the eye with its sharply-imagined visual and graphic contradictions
posed in a stark and startling way, the People’s Park Gift announces its brazen
defiance: it is the anti-gift, a vivid blue and gold manifesto of resistance, a
statement that cannot be missed.

~ an observer

Photos: Evelyn Sinclair

WEEKEND EVENTS:

DISORIENTATION WEEKEND at People’s Park!
Discover the park – get involved – meet students and community members!

SATURDAY September 3
10 am: Huge art project in the park.
Come help wrap a massive gift for UC!! And help place our own National Register plaque.
5–8 pm: FREE CONCERT!!!
A night of Vibes, Hip-Hop and Neo-Soul!
Featuring Cas’ti, Oddity, Kahj & Versa‚m

SUNDAY September 4
Non-Violent Direct Action Training 10:30 am – 6 pm
A day long prep session for taking action to defend the park
Contact: weddress777@gmail.com

Save People’s Park!!! defendthepark.org IG @peoplesparkberkeley

Text SAVETHEPARK to 74121 to join the bulldozer alarm text alert

Let 1000 Parks Bloom!

Memorial Tree Planting in the Park for our friend & comrade Dickie Haskell, Sunday, August 28, 2022

Memorial Tree Planting in the Park for our friend and comrade Dickie Haskill Sunday:

Aug 28th on the Dwight Street side. 

10 AM: meet up and preparations

11 AM: Circle up and planting

Bring a photo, a story, art, food, a song to share, and/or just your lovely self ready to create a little area where folx can be and remember our dear friend. We have a peach tree donated. Other seeds, plants, art, etc most welcome to bring!

We can send notes, art, pics to his mother.  We can record stories for his brother which can be e-mailed. There will be a Memorial in around a week in Virginia. We can have a lil’ gathering of local friends.

We “Lovin You” Dickie!!!

💜Elisa

PS: This is improv, no structure to it. Maybe just go around the circle, anyone sharing what they wish. Holla if U wanna collab, have ideas, visions. Thank U!

Press Release: “The Struggle Continues” Rally And Music At People’s Park

Watch video of the event at the People’s Park Community Facebook page — with Andrea Prichett (MC), Corrina Gould, John Holloway, Joe Liesner, Pamela Price, Aidan Hill, Señor Gigio, Rosey Stephens, Maxina Ventura, Sophia, Becky and Andrea Prichett. Thanks to Aidan Hill for the video!
1 hour 36 minutes

Press Release
For Immediate Release

For Additional Information:
Andrea Prichett, 510-229-0527
Joe Leisner, 510-542-3112

“The Struggle Continues” Rally And Music At People’s Park

People’s Park Council is hosting an in-person community event called “The Struggle Continues” with speakers and musical performances by local artists. Speakers will include Pamela Price who is currently running to become the District Attorney for Alameda County as well as individuals from local organizations with connections to the struggle to save the park. The People’s Park Council is encouraging community members to attend the event and if they can’t be there in person, the event will be livestreamed via FaceBook at the People’s Park Community page.

Organizers are continuing efforts to preserve the historic park through various means. In addition to public events and activities, there is also a major effort in the courts. On July 29, 2022 a team of lawyers from the People’s Park Historic District will present to the First Appellate Court grounds for invalidating UC’s very inadequate Environmental Impact Report (EIR) on Housing Project #2 (People’s Park housing). Prevailing on July 29 would set UC back, require a new EIR, and hopefully, motivate UC to build on an alternative site. We encourage everyone to contribute to this effort at:

https://www.gofundme.com/f/ahbjjq-save-peoples-park

“We are concerned that our City Council will soon be going on recess and there is a real possibility that, if construction begins, this may very well kick off massive protests. We believe that both the UC and the City have demonstrated their inability and unwillingness to adminsiter this park in a healthy and equitable manner. Therefore, we believe that the best compromise and the best way for the UC to avoid massive opposition to this ill-conceived scheme is to cede the land to the Ohlone people,” said Andrea Prichett of the People’s Park Council. “This is a reasonable compromise and we remain ready to support discussions about this alternative solution.”

What: The Struggle Continues – Speakers and Musical Performances
Where: People’s Park in Berkeley
When: Wednesday, July 27, 2022 at 6 pm
Who: People’s Park Council

MORE INFORMATION:

People’s Park Historical District Advocacy Group: https://www.peoplesparkhxdist.org

People’s Park: https://www.peoplespark.org

March to Reclaim People’s Park – July 6, 2022

March to Protect People’s Park – July 6, 2022
Paul Lee speaks at Reclaim People’s Park rally – July 6, 2022
Rally at Martin Luther King Civic Center Park before march to People’s Park – July 6, 2022
Rally at Martin Luther King Civic Center Park before march to People’s Park – July 6, 2022

Wednesday, July 6, 2022 at 5 PM

5 PM: Rally at Martin Luther King Civic Center Park, March to People’s Park (~ 1 mile)

7:30 PM: Live music and BBQ at People’s Park

UC Berkeley has started taking over People’s Park, a historic center of community, resistance, and mutual aid. March with us to reclaim the space and tell the UC: NO DEVELOPMENT ON PEOPLE’S PARK!

Sign up and volunteer for the march: tinyurl.com/ParkMarchVolunteer

defendpeoplespark.orgpeoplespark.org • Berkeley CopWatch