This week UCB lost big in Court over its plans to stick two buildings at the corner of Hearst and Gayley Road (the so-called Upper Hearst Project) and use that project to legalize its on-going violation of CEQA in connection with student enrollment. To understand this lawsuit, you have to understand that there are two layers to what UCB was trying to do with its building project on that corner.

First, UCB wants to demolish the ugly (yes, we all can agree it is ugly) parking structure on the corner of Hearst and Gayley and build a large residence in its place running up to Ridge Road (where there currently is a surface parking lot). Over time, who can rent there has changed – first it was general public rental units, then, faculty housing, and now student housing – but the plan has always been for some housing that would produce income for UC. It also wants to build, down-hill from that huge residence hall a new building for the Goldman School of Public Policy. If that was all this involved, we’d have the typical fight over degrading historic resources and building yet more ugly, undistinguished structures in the midst of paradise. Given that the ugly garage was already there, this is and was always going to be a losing battle.

The second layer here, however, was the proverbial ball game and really high stakes for UC. For the last 15 years UCB has exceeded projected student enrollment by, well a lot. UCB’s projected enrollment was previously evaluated in a 2005 final Environmental Impact Report and, consequently, was lawfully allowed only up to that level under CEQA. CEQA basically requires that before a big project is undertaken, the developer/public entity, evaluate the impact of that project on the environment, vet the project and its impact in public so there can be input, and plan to mitigate any material negative environmental impacts. Here, UCB skipped the CEQA step on its increased enrollment, and so it tried to sneak it into the Upper Hearst Project. All Hell broke loose and lawsuits ensued, including suits by the City and community groups (kudos to all of them)!

So what happened this past week is that the court ruled against UC, finding that it violated the law (CEQA) by increasing its population without following the steps CEQA requires. It also put to bed UC’s theory that increasing it population -- through increased student enrollment and faculty and staff hiring -- was not something that impacted the environment (!!) such that they had to follow CEQA and perform a full environmental impact report (EIR) and not just a little supplemental EIR tacked onto the project application. Put another way, the Court found UC violated the law by increasing its student enrollment significantly above previous projections. It also found that UC should have considered the alternative of not enrolling so many students. (This alternative falls in the “Duh” category but was beyond UC planners.) -more-

While neighborhood groups, student groups, historical preservationists, and natural open space advocates have successfully organized opposition to the extremity of the city's high-rise friendly and open space averse planning revisions and the University of California's effort to monetize our landmarks, parks, threatened architectural gems, and rent-controlled housing, Mayor Jesse Arreguin has been oddly silent. -more-

If you want to appreciate how California SB 9 and SB 10 will change the local climates go out on a warm day and stand on the sidewalk in the bright sunshine and then walk into the shade under the canopy of a Western Sycamore or large majestic oak. It’s hard to miss the difference between the cooling of majestic trees and the heat that radiates from sidewalk baked in a full sun. Add in buildings that collect and radiate heat and you have the “heat island effect.” -more-

Please don't yield to vague promises from the As management and make a huge financial blunder similar to what was foisted on us taxpayers with the Raiders deal, decades ago. -more-

In my creative endeavors, to be more specific, my writing, because I want to be compensated and known, I am at the mercy of Google and Amazon. Although Trump's First Amendment argument is dumb and won't work, since that part of the Constitution only applies to the U.S. Government, (prohibiting the government from censoring people) there is another angle to this. -more-

What the hell is going on with the purported agreement between the City of Berkeley and the University of California at Berkeley? I watched the City Council meeting last night, both the public comment which preceded the 4 pm closed meeting, purportedly exempted from the Brown Act dictum that the public’s business should be done in public because it dealt with pending litigation, and the supposedly 6 pm meeting, which actually didn’t start until close to 8, both over zoom. When the Mayor told a member of the public at the 8 pm meeting that no reportable action had been taken at the 4 p.m., I turned the "public" meeting off, but I am told by a reliable viewer that no action was taken in that meeting either.

So where did the press release announcing a settlement, complete with sickening video in a format that I haven’t been able to figure out how to post yet, come from?

I contacted Councilmember Kate Harrison, the only one of the bunch I trust, but she told me councilmembers had been legally admonished not to reveal the terms of the settlement until the U.C. Regents had voted to accept them. She couldn’t even tell me what the vote was, but other sources confirm that she was the only no vote.

So why did Arreguin think he (and only he) was authorized to put out this press release with lots of specific information? And I have many more questions for him. For example, does the pending agreement cap student enrollment, or does it allow the current exponential increase into eternity?

Arreguin's favorite word to describe his hoped-for relationship with his alma mater is “collaborative”--it's in this press release.

That’s apt, in my book. It’s a term straight out of Vichy France, and it marks him as what he seems to be, the Collaborator-in-Chief. Too bad, when what the citizens of Berkeley need is a leader, not a collaborator.

More later, if and when I can figure out what the hell is going on.

[CLICK HERE TO SEE THEM MAKING THEIR DEAL] -more-

The most recent Gallup Poll indicates that American voters have a lot to worry about. So many worries that voters don't seem particularly concerned about climate change. That's a problem because, in the long run, climate change is the most serious problem we face. -more-

The coronavirus pandemic has turned out to be a lengthy stretch that challenges people's endurance. There is not only the disease itself to consider, but also the aftermath. Many with psychiatric conditions are hit awfully hard by these circumstances. Many months ago, the term "mental health" went mainstream and became applicable to everyone who has been struggling to deal with this. -more-

"CONGRATS CLASS OF 2021!"

That was the message spelled on more than 20 large posters tied to the metal fence on Hopkins Street when MLK Middle School hosted its open-air commencement ceremony in June.

Today, only seven of the posters still remain tethered to the fence. But a close look at these remains reveals a hidden treasure—scores of messages scrawled on the posters by students who left an array of ink-pen scribbles, Sharpie jots, and penciled thoughts. Here are some of those fading remarks, sun-bleached quotes, and wind-whipped wisecracks left behind by the class of '21.

"Facebook is just Instagram for boomers." "Dating is Temporary: Duel Stats are Eternal [unless you get wired]." "Copeharder." "Work hard and be kind. Be kind to yourself. Always!" "It's better to be pissed off than pissed on." — Ben Franklin. "Hit kids, not vapes" — Albert Einstien. "The once infamous now famous man once said: 'When in doubt, whip it out!'" — Christopher Whistopher. "Make the best of the moment." — Sam. "You miss 100% of the shots you don't take." — Pablo. "I hope that 9^th grade is good." — Mitra. "Drink water." — Ambrose. "Keep your friends close" — Isol. "Ava: Surround yourself with people that like you for you." "Wishing you ALL the best in high school — So much to look forward to!— Ms. Puckett."

There was one special sight that I was looking forward to photographing—a beautifully executed pencil sketch in Japanese manga format. But when I returned to the field, that poster was no longer to be seen.

On a hunch, I approached a nearby trashcan and—after a bit of digging— discovered the crumpled remains of the missing poster, along with the penciled image—rescued from the landfill. -more-

Worth Noting: -more-