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

(links to the numbered briefs follow below).

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 peoplesparkhxdist.org for our GoFundMe donation link. THANK 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 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)

Respondents’ Petition for Review Filed on March 28, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/1-40-s279242-resps-pet-rev- 032823.pdf
Appellants’ Petition for Review Filed on April 4, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/2-90-s279242-apps-pet-rev- 040423.pdf
Appellants’ Answer to Petition for Review Filed on April 12, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/3-100-s279242-apps-answer- pet-rev-041223.pdf
Respondents’ Answer to Petition for Review Filed on April 24, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/4-115-s279242-resps- answer-pet-rev-042423.pdf
Respondents’ Reply to Answer to Petition for Review Filed on April 24, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/5-120-s279242-resps-reply- answer-pet-rev-042423.pdf
Appellants’ Reply to Answer to Petition for Review Filed on May 3, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/6-160-s279242-apps-reply- answer-pet-rev-050323.pdf
Respondents’ Opening Brief on the Merits Filed on June 16, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/7-400-s279242-resps- opening-brief-merits-061623.pdf
Appellants’ Answer Brief on the Merits Filed on August 4, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/8-530-s279242-apps-answer- brief-merits-080423.pdf
Respondent, The Regents of the University of California, Reply Brief on the Merits Filed on August 24, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/9-570-s279242-resp-regents- univ-ca-reply-brief-merits-082423.pdf
Respondent, The Regents of the University of California, Request for Judicial Notice Filed on August 24, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/10-580-s279242-resp- regents-univ-ca-req-jud-notice-082423.pdf
Respondent, The Regents of the University of California, September 8, 2023, Letter Filed on September 8, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/11-590-s279242-resp- regents-univ-ca-090823-ltr-090823.pdf
Appellants’ Opposition Filed on September 8, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/12-600-s279242-apps-opp- 090823.pdf
Appellants’ September 8, 2023, Letter Filed on September 8, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/13-610-s279242-apps- 090823-ltr-090823.pdf
Respondent, The Regents of the University of California, Supplemental Brief Filed on September 20, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/14-665-s279242-resp- regents-univ-ca-supp-brief-092023.pdf
Respondent, The Regents of the University of California, Request for Judicial Notice Filed on September 20, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/15-670-s279242-resp- regents-univ-ca-req-jud-notice-092023.pdf
Appellants’ Reply to Supplemental Brief Filed on October 4, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/16-695-s279242-apps-reply- supp-brief-100423.pdf
Appellants’ Opposition Filed on October 4, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/17-710-s279242-apps-opp- 100423.pdf
Appellants’ Request for Judicial Notice Filed on October 4, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/18-720-s279242-apps-req- jud-notice-100423.pdf
Amicus Curiae Brief of City of Berkeley Filed on October 4, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/19-760-s279242-ac-city- berkeley-100423.pdf
Respondent, The Regents of the University of California, Reply to Supplemental Brief Filed on October 9, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/20-780-s279242-resp-reply- supp-brief-100923.pdf
Amicus Curiae Brief of The Two Hundred for Homeownership Filed on October 16, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/21-810-s279242-ac-the-two- hundred-for-homeownership-101623.pdf
Amicus Curiae Brief of League of California and California State Association of Counties Filed on October 16, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/22-850-s279242-ac-league- ca-cities-et-al-101623.pdf
Amicus Curiae, The Two Hundred for Homeownership, Notice of Errata Filed on October 20, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/23-870-s279242-ac-two- hundred-homeownership-notice-errata-102023.pdf
Appellants’ Response to Amicus Curiae Brief Filed on October 25, 2023 https://supreme.courts.ca.gov/sites/default/files/supremecourt/default/documents/24-880-s279242-apps-resp- ac-brief-102523.pdf

PDF of this document
https://www.peoplespark.org/wp/wp-content/uploads/2024/04/Review-of-Supreme-Court-Briefs-for-Housing-Project-2024-04-02.pdf

February 22, 2024February 23, 2024

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.

January 1, 2024

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

December 31, 2023January 2, 2024

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.

December 21, 2023

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:

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.
For further updates, text “@pplspark6” to 81010
Come out to the park to meet people and get prepared.
Form Affinity Groups so that you and your friends can engage in creative resistance to help save the park. Diversity of tactics is encouraged!
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/
Visit defendthepark.org and peoplespark.org for info & resources.
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

July 30, 2023July 30, 2023

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

November 24, 2022

Lawsuit Update, November 22, 2022

On PROGRESS (or lack thereof) in the Matter of MAKE UC A GOOD NEIGHBOR, PEOPLE’S PARK HISTORICAL DISTRICT ADVOCACY GROUP, and PEOPLE’S PARK COUNCIL vs. BERKELEY CITY COUNCIL, MAYOR JESSE ARREGUIN, CITY OF BERKELEY, and REGENTS OF THE UNIVERSITY OF CALIFORNIA d.b.a. UNIVERSITY OF CALIFORNIA AT BERKELEY, Alameda County Superior Court Case No. RG21105966:

Our lawsuit on behalf of three (3) People’s Park groups commenced over a year ago, August 2, 2021, as a Petition for Writ of Mandate against the Berkeley City Council and Mayor for violation of the California open-meeting law (the Ralph M. Brown Act) and for violation of certain laws, including Berkeley Measure L and Measure N (true copies of which are attached to this email message).

Berkeley Measure L and Measure N (PDF)

The case, originally a Petition against the City Defendants, has now morphed essentially into a Complaint for Breach of Contract against the University of California (“UC”).

Under the purview of Hon. Frank Roesch, an Alameda Superior Court judge, People’s Park’s pleadings have now been amended four (4) times in response to demurrers and other motions designed to defeat the people’s efforts to challenge the Berkeley City Council and Mayor’s secret agreement with UC, a deal by which the City corruptly colluded with UC to sell out the public interest in controlling overcrowding, in receiving equitable compensation for City services, in maintaining low-income housing, and in preserving parks and open space within the City limits, most notably, People’s Park.

On behalf of People’s Park Council and the two other non-profit community groups, I filed the 4th Amended Petition and Complaint on November 17, 2022, and directed a copy to David M. Robinson, Chief Campus Counsel for UC Berkeley. I then appeared before Judge Frank Roesch the following morning in a Zoom hearing for Case Management and Compliance. The next Case Management Conference is set for February 3, 2023, at 9:00 a.m. in Dept. 17.

The current incarnation of this People’s Park lawsuit, namely the 4th Amended Petition and Complaint, largely consists of an action against the Regents of the University of California (UC) alleging breach of contact. Specifically, UC breached multiple agreements with People’s Park Council and with the founding Park gardening group, People’s Park Project/ Native Plant Forum, agreements that date back as far as 1978 and 1979.

At least two (2) of these agreements were written and signed by representatives for People’s Park and the UC Berkeley campus administration, the Letter of Agreement dated May 8, 1978, and the Letter of Understanding, dated January 5, 1979. Some of the other agreements, both written and verbal, expressed and implied, were described in an open letter dated August 31, 1979, from Associate Vice Chancellor T. E. “Ted” Chenoweth to his boss, Vice Chancellor R. F. “Bob” Kerley. True copies of all three (3) contractual “Letters” are attached to this email message.

3 Letters of Agreement – University of California, Berkeley Campus Chancellor’s Office and the People’s Park Project/Native Plant Forum (PDF)

UC had systematically breached its solemn agreements with People’s Park organizations for many years, even before the most recent wanton and tragic acts of destruction, especially those wrought last summer, 2022. We will pursue the ongoing action for breach of contract, as well as planning to claim property damages in a separate proceeding.

Breach of contract may not be a crime, it’s true, but destruction of property and vandalism ARE indeed crimes. UC has wantonly and brazenly acted to destroy People’s Park, harming and killing trees, shrubs, wildlife habitat, and many other landscape features, including damage to the ramp for the People’s Stage.

These living items belong to the people, by and through the People’s Park organizations and volunteers who created them, bought and paid for them, installed and planted them. These items were and are NOT the property of UC or the Campus Administration. The People’s Park agreements that UC has violated are proof of UC’s knowledge, intent, and malice that underlie their recent wave of senseless damage, destruction, and desecration.

UC has willfully stifled and vandalized the fruits of our creativity. UC has also heartlessly employed unfortunate social ills and challenges, such as homelessness and drug use, as a cynical weapon to discredit and defame People’s Park and the Park community, blaming the victim for the very problems of neglect that UC has fostered and focussed upon the sacred ground of People’s Park.

With unity, persistence and love, we can hold UC accountable for these wrongs, and commence the process of transforming the Berkeley campus administration from a purveyor of public corruption and higher ignorance, into an institution of higher learning and public cooperation.

Wishing good luck and a happy holiday to all,

David

DAVID L. AXELROD,
Attorney at Law

Documents:

Berkeley Measure L and Measure N (PDF)

3 Letters of Agreement – University of California, Berkeley Campus Chancellor’s Office and the People’s Park Project/Native Plant Forum (PDF)

November 11, 2022November 11, 2022

The Future of People’s Park: panel discussion, February 26, 2021

The Future of People’s Park panel discussion was presented online by the People’s Park Historic Advocacy Group with Berkeley community members on February 26, 2021. Here’s a video of the discussion, archived on the People’s Park YouTube channel.

Presenters:

Harvey Smith – author of “Berkeley and the New Deal”, People’s Park Historic District Advocacy Group (event host)
Tom Dalzell – author of “The Battle for People’s Park Berkeley 1969”, “Quirky Berkeley” series, union leader, lawyer
Steve Wasserman – Participant and Activist during 1969, publisher of Heyday Books, career in publishing, editing and writing
Maxina Ventura – member of People’s Park Council (formerly Committee), Homeopath, environmental activist
Aidan Hill – Former Berkeley Mayoral Candidate, UCB Student/Graduate, candidate for District 7
Joe Liesner – long-time People’s Park activist, Food Not Bombs volunteer

Participants:

Joseph Copeland – raised near People’s Park, son of “People‘s Park” author Alan Copeland
Chuck Wollenberg – People’s Park Historic District Advocacy Group, Berkeley historian
David L. Axelrod – attorney at law, Sierra Law Office

UC Berkeley plans to build a high rise on People’s Park, which would destroy the historic and cultural legacy and an irreplaceable natural environment, has brought together writers, historians, students and park activists to oppose this ill-considered project.

Presenters share the historic background of the park, give details on the effort to recognize its national landmark status (**formally received this status May 2022), and share plans for revitalizing this invaluable public green, open space.

Event Transcript (text format)
https://www.peoplespark.org/wp/wp-content/uploads/2022/11/Future-of-Peoples-Park-February-26-2021-Event-Transcript.txt

Event Chat (text format)
https://www.peoplespark.org/wp/wp-content/uploads/2022/11/Future-of-Peoples-Park-February-26-2021-Event-Chat.txt

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

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

November 8, 2022January 16, 2023

Opinion: Breaking the impasse on People’s Park

This statement is published at:
https://www.berkeleyside.org/2023/01/10/opinion-peoples-park-student-housing-alternate-site

We suggest UC Berkeley commence construction of the student and supportive housing planned for the park on an alternate site as soon as possible.

By Shirley Dean and Gus Newport
Jan. 10, 2023, 8:01 a.m.

Although UC Berkeley has stated it wants to build 8,000 student housing beds as soon as possible, the university has picked a site, knowing it would be vigorously opposed, and now has caused months of delay. We suggest it commence construction of the student and supportive housing planned for People’s Park on an alternate site as soon as possible. Indeed, UCB has identified up to 15 alternative sites.

The National Register of Historic Places has recognized the value of People’s Park. The park has an over half-century legacy of cultural events; town, gown and political events; a biosystem of flora and fauna; a surround of highly significant architecture; and a role as an everyday community recreation site.

UC has been defeated in the courts in many of the California Environmental Quality Act challenges to its campus development plans. These court decisions have made it clear that UCB is not doing an adequate job of identifying and mitigating the impacts of its development in Berkeley.

Additionally, UC’s reckless demolition of most of the historic trees in People’s Park on Aug. 3 has threatened a key element of the HUD funding for the supportive housing portion of the project due to the lack of agreement to do the required federal environmental review, thus putting that project in jeopardy.

UCB’s almost 50% increase in enrollment (almost 15,000 students) means that the Southside of Berkeley desperately needs the open space of People’s Park. Based on the city’s recent population growth, concentrated in the areas nearest the campus, and the city’s standard of 2 acres of park and open space per 1,000 residents, the Southside neighborhoods need approximately 18 acres of new, accessible open space.

City planners agree increasingly dense urban areas need more parks, not fewer. Furthermore, the park is needed as a shelter during earthquakes, fires and pandemics – Berkeley will face them all again.

Now is the time to develop a feasible plan of action based on cooperation between the state, the University of California and Berkeley residents who host its flagship campus.

The park’s future should include proper maintenance, user development, and interpretation to provide Berkeley residents and visitors with information on all aspects of People’s Park — Berkeley’s incredible architectural legacy and the political and cultural history of activism on the Southside. Like other parks, it should become a welcoming recreation resource for anyone in the community – housed or unhoused city residents, students, and visitors of all backgrounds and income levels.

Both the city of Berkeley and UC Berkeley celebrate the Free Speech and Sixties history of the Telegraph Avenue corridor. It is an asset to the city and the university and draws visitors from around the globe to Berkeley. Preserving and enhancing the park can only add to its value as a treasured Berkeley attraction.

With the park’s permanence assured, its future could evolve in collaboration with the People’s Park Council, the long-standing consensus-based group of stewards and advocates for the park, with California Indian tribes, and with a land trust or conservancy. Financing for this vision could be through federal or state funds for parks.

Whatever future model is adopted for People’s Park, it is clear that the plan to destroy the park and the possibility of continuing conflict between park users and the university are neither desirable nor inevitable. Community members can develop a partnership with an enlightened public agency to preserve and enhance People’s Park in a way that honors its culture and heritage and provides valuable open space for the Southside neighborhood. With goodwill and hard work, this future is possible.

Shirley Dean and Gus Newport are former mayors of the city of Berkeley.

October 19, 2022