People's Park Bill Goes to Governor - Part 2

The People's Park bill that is supposed to be a "fix" for the lawsuit isn't quite that. From CalMatters:

...Yes, a bill meant to help UC Berkeley build dorms for 1,100 students passed the Legislature this week, but the campus said it cannot begin construction until the state’s judicial system gives the green light. The Legislature’s goal with AB 1307 is to reverse a state court decision that in effect blocked UC Berkeley from building dorms on the grounds of the storied People’s Park in Berkeley. A key part of that decision was that human noise caused by housing development is a kind of pollution in California, a new legal standard that the bill seeks to refute. But for UC Berkeley, the bill’s impact will take time, as the issue must still play out in courts, even if Gov. Gavin Newsom signs the bill as many expect.

“The (state) Supreme Court still has jurisdiction to resolve our pending appeal of the appellate court ruling, even if the statute is adopted,” wrote Dan Mogulof, a senior spokesperson for UC Berkeley, in an email to CalMatters. “The campus will resume construction of the People’s Park project when the lawsuit is resolved and hopes that the new law will substantially hasten the resolution of the lawsuit.”

A spokesperson for Assemblymember Buffy Wicks, a Democrat from Oakland who is the lead author of the bill, echoed that sentiment. “The bill would let the court process run its course, but give (it) direction,” wrote Erin Ivie, in an email. When the courts will make a conclusive ruling on the case is unclear. “It depends on the specific issue before the court and the effect of the legislation,” said Cathal Conneely, a spokesperson for the California Supreme Court.

Nor will the bill stymie one of the groups suing UC Berkeley. Harvey Smith, president of the People’s Park Historic District Advocacy Group, said in an interview they’ll “absolutely” proceed with their legal complaint against the campus. How they’ll respond to the bill is to be determined, he added. “Our legal team has been focused on the Supreme Court case, and so, it’s kind of like for us one step at a time.”

UC Berkeley’s project has been stalled since last summer and has incurred higher projected costs of “many millions of dollars,” Mogulof said, though he declined to give a precise figure. Construction costs in the Bay Area and Los Angeles have increased by 21% in the past two years. The project cost was $312 million in 2021, a third of that backed by a state student housing program to support at least 300 beds for low-income students who’ll pay cheaper rents...

Full story at https://calmatters.org/education/2023/08/uc-berkeley-housing/.

What hasn't been answered, and which we have raised belore, is what happens if all goes well and the litigation ends with permission to construct, and then there are demonstrations blocking the construction? That's what initially blocked the effort last time around. The People's Park story is somewhat a parallel to the proposed Hawaiian telescope (TMT). Even when there are legal go-aheads, the project doesn't go ahead due to protests, confrontations, and demonstrations.