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Gov. Newsom signs law to stop UC Berkeley enrollment cuts

latimes.com

41–50 of 180 posts

Re: Gov. Newsom signs law to stop UC Berkeley enrollment cuts

#41

> Assemblyman Vince Fong (R-Bakersfield) noted that environmental standards are not being changed. “We are changing what they apply to,” he said. Either the environmental review standards are good and needed.. or they are not. This is post-hoc ruling and I am curious how the court will react. The only thing the opposition needs to do here is run a few pressers with homeless students.

The issue was not that the environmental standards are good/needed or not/not. The issue was that the environmental standards are good but that this case was not actually related in any way to the environmental standards review envisioned by the legislature when it originally passed the underlying law that allowed this lawsuit to proceed in the first place.

The legislature simply updated the law to make it clear that these types of lawsuits (i.e., over activities which don't directly relate to construction of new buildings even though they may ultimately lead to new construction) are not intended by the original law, and this new law makes that explicitly clear. (The eventual construction of new buildings required by the enrollment increase would be covered by normal CEQA review processes.)

EDIT: From TTOTFL itself: "This bill would delete the provision requiring the environmental effects relating to changes in enrollment levels be considered in the EIR prepared for the long-range development plan. The bill would provide that enrollment or changes in enrollment, by themselves, do not constitute a project for purposes of CEQA."

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml...

Re: Gov. Newsom signs law to stop UC Berkeley enrollment cuts

#42
post #12

A college town that was filled with ordinary college commotion is largely silent day and night. The streets of Berkeley, California near campus are empty for more than a year now. University Avenue, a major road leading to campus is quiet day and night, it used to be filled with cars, music and daily activity. Half of restaurants and most retail have closed in the last two years; parties are hidden due to covid-19. W…

Yeah, the streets are so empty in Berkeley these days that when I took these photos on Saturday it was literally just tumbleweeds, not hundreds of people gathering in the streets of southside. Truly, a hell-hole. https://twitter.com/Jeffinatorator/status/150278067270801408...

A synthetic gathering is not related to the reduction in the natural hustle and bustle. Do you have any pictures before or after that group passed through?

Re: Gov. Newsom signs law to stop UC Berkeley enrollment cuts

#43

A college town that was filled with ordinary college commotion is largely silent day and night. The streets of Berkeley, California near campus are empty for more than a year now. University Avenue, a major road leading to campus is quiet day and night, it used to be filled with cars, music and daily activity. Half of restaurants and most retail have closed in the last two years; parties are hidden due to covid-19. W…

This is so far from reality I have a hard time even knowing how to respond. Just in case people who don’t live here think the Bay Area cities have become this dystopian hell hole as described, no, they absolutely have not. Life is honestly nearly back to normal. I’m going out to dinner with a friend in Berkeley tonight. The streets will not be empty or filled with drug addicts.

I get what you're saying, but honestly both of your comments are true. You'll be going out to dinner in Berkeley with a friend while the streets are "filled" with our homeless problem. There are also definitely far fewer college students in the area than there were 2 years ago.

Re: Gov. Newsom signs law to stop UC Berkeley enrollment cuts

#44
post #34
post #5

Seems like an odd move to undercut the checks and balances courts are supposed to have over legislation. Enacting a law solely to undercut a court's decision seems spurious, and may blow back on both the legislation and the school.

More like – legislature passed a law, a certain group of people took advantage of the law in ways the general public didn't intend, the courts said "we have to rule by the letter of the law", legislature amended the law, now most people happy again. This is exactly how the process should work.

This 1000%. The check that courts have over legislature is constitutionality. If a law is not what the legislature intended (or if the intention has changed) then they have the power to change their minds. Courts do not make laws, they interpret them.

Problem is that legislature has (in general) stopped doing their job so the "functional" court system is forced to re-interpret older and older laws; increasing their power relative to the other branches.

Re: Gov. Newsom signs law to stop UC Berkeley enrollment cuts

#45
post #4

This is a significant repudiation of the NIMBY point of view. When was the last time that literally every statewide elected official came together to unanimously pass a law over the span of 4 days? Californians of every party are united in the belief that Phil Bokovoy is a jerk.

Whether they represent a liberal district or a conservative district, every legislator in California represents a significant number of constituents who wants their kids to go to Cal.

Re: Gov. Newsom signs law to stop UC Berkeley enrollment cuts

#46
post #30
post #25

Earlier quoted context omitted.

That'll never happen. One of the main reasons SF even has a housing crisis is because they refuse to allow people to build multiple levels upwards bc of zoning.

> That'll never happen. One of the main reasons SF even has a housing crisis is because they refuse to allow people to build multiple levels upwards bc of zoning. Couldn't the Gov. sign another law stopping that as well? Similar to the legislation around single family housing lots?

What's more feasible is that CA HCD (Housing and Community Development) rejects SF's plan as not consistent with state law, as they recently did to LA[0] (even though LA's plan was really pro-housing overall, there were some equity issues that HCD was unhappy with).

SF is considering allowing any property have a 4-plex (6 if at a corner), which may be used as a poison pill to continue to restrict development [1].

[0] https://www.latimes.com/homeless-housing/story/2022-02-24/la...

[1] https://reason.com/2022/03/09/san-franciscos-efforts-to-bloc...

Re: Gov. Newsom signs law to stop UC Berkeley enrollment cuts

#48
post #6

Good. I wish they'd sign more such laws to deal with all the property developments across San Francisco that are stuck in years-long "environmental review" or other similar bureaucratic hurdles put forward by NIMBY groups.

(High speed rail…)

Re: Gov. Newsom signs law to stop UC Berkeley enrollment cuts

#50
post #5

Seems like an odd move to undercut the checks and balances courts are supposed to have over legislation. Enacting a law solely to undercut a court's decision seems spurious, and may blow back on both the legislation and the school.

The way the American system works is that the legislature has the final say over statutory law, while the courts have the final say over constitutional law (modulo amendments).

That's not true, the legislature has final say over both statutory and constitutional law; it's just that the barrier to amending the constitution is higher than amending / passing statutory laws.

The Court's job is to interpret the law of its jurisdiction. If the legislature doesn't like the Court's ruling on some statutory law, it would then go through the process of amending the law. If the legislature doesn't like the Court's ruling on some constitutional matter, it would then go through the process of amending the Constitution. The latter process usually requires sufficiently more political will that sometimes a Court's ruling on a Constitutional matter is "final" from a practical standpoint.

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