Public Comment

People's Park Appeal Brief Filed

Harvey Smith
Saturday September 10, 2022 - 03:43:00 PM

Make UC A Good Neighbor and the People’s Park Historic District Advocacy Group (PPHDAG) filed their joint opening brief to the appellate court this week against UC Berkeley under the California Environmental Quality Act challenging UC’s Long Range Development Plan and construction of housing on People’s Park.

The appeal is attached to this email. We've said it before, but this excellent legal work needs to be supported. Please refer any and all to our DONATE NOW! page at http://www.peoplesparkhxdist.org/donate-now/

The appeal focuses on UC’s failure to analyze in its Environmental Impact Report (EIR) a lower-enrollment alternative or any alternative locations for the housing proposed at People’s Park. The lower-enrollment issue is similar to that at UC Santa Barbara, where the City of Goleta and Santa Barbara County have both sued the university for not complying with an agreement to build enough housing to keep up with its expanding student population. With the alternative location issue, UC is required to adequately assess alternative sites for student housing, which it has not done. 

UC has twenty days to reply to our appeal brief. However, be assured UC Berkeley will continue its cynical and misleading public relations campaign on Housing Project #2 (People’s Park) belied by UC’s own planning documents. The goal is building 8,000 new student beds. However, UCB’s own Draft EIR includes a chart listing sixteen possible construction sites and proposed new beds provided by them. They total 13,566. The 1,100 hundred beds at the People’s Park site could easily be accommodated at these other sites. 

The prime alternative site is just over a block away at the UC-owned Ellsworth Parking Structure, which UC says can provide up to 2,980 beds. Preserve a parking lot over a park’s much-needed urban recreational space? Why in the midst of extreme climate change must the trees and birds be part of a sacrifice zone? Urban planners agree that overcrowded urban areas like the Southside require more urban parks, not less, to promote human health and wellness and are needed in a time of drought, wildfires, pandemics and pending earthquakes. 

Despite UCB's claims of support, its student survey has been negatively critiqued in the Daily Cal, which has also written many well-researched articles and editorials denouncing the destruction of the park. Students were the primary participants in the recent effort to stop the fencing off the park. The Berkeley Faculty Association is also a critic of the plan to build on People’s Park. 

UCB has described the housing crisis as “dire” and “acute.” We all realize that more affordable housing is needed, but most new housing is market rate and beyond the means of most students and the community. The crisis, however, can hardly be described as “acute” by UC Berkeley when it has known about its low ratio of housing per student for well over a half-century. 

Campus messages portraying People’s Park as an area of frequent crime on the Southside is quickly countered by facts. A review of data from the Crimemapping website over a six-month period from January through June, 2022 for a 20-block area surrounding the park revealed that 94% of crime occurred outside of People’s Park. Crimes do occur there, but at a lower rate than the surrounding neighborhood. Keep in mind that the promoter of the image of the park as “crime-ridden” is the same institution that was fined $2.35 million in 2020 for underreporting campus crime.  

The Chancellor’s message to the campus at the beginning of the semester was noteworthy in that it made absolutely no mention of People’s Park being added to the National Register of Historic Places. The value of the park as a cultural and historic site is beyond Berkeley, beyond California. It is nationally recognized and sought out by visitors from all over the world.  

Now is the time for UC Berkeley to stop the delay in student housing construction by moving Project #2 to an appropriate location and to work with the community to make People’s Park a park that all can be proud of. The world is watching. 

Appeal text here.