[HN Gopher] Gov. Newsom signs law to stop UC Berkeley enrollment...
       ___________________________________________________________________
        
       Gov. Newsom signs law to stop UC Berkeley enrollment cuts
        
       Author : seryoiupfurds
       Score  : 74 points
       Date   : 2022-03-15 21:13 UTC (1 hours ago)
        
 (HTM) web link (www.latimes.com)
 (TXT) w3m dump (www.latimes.com)
        
       | pmalynin wrote:
       | Next cancel Prop 13, or phase it out over the next 5 years.
        
         | [deleted]
        
         | bcrosby95 wrote:
         | That would require a proposition.
        
       | outside1234 wrote:
       | The bill we need is something that blanket allows building of
       | multistory multifamily housing across the state without local
       | review.
       | 
       | Sort of something similar to the law we passed around ADUs but
       | for multistory multifamily housing.
        
       | jonahhorowitz wrote:
       | Looks like the California legislature can move fast when it wants
       | to. Now fix the rest of CEQA.
        
         | shitlord wrote:
         | CEQA is just one symptom of the problem. Entrenched interests
         | will use anything at their disposal to prevent development:
         | zoning regulations, building codes, concerns about
         | racial/socioeconomic equity, legal stalling tactics, etc.
        
       | bubblethink wrote:
       | Wouldn't this increase property values and rent too? What was the
       | angle for NIMBY objection ? It seems like this will only increase
       | demand but not the supply - an ideal NIMBY outcome.
        
       | vorpalhex wrote:
       | > 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.
        
         | JumpCrisscross wrote:
         | The environmental review process is broken [1].
         | 
         | [1] https://www.nytimes.com/2022/03/13/opinion/berkeley-
         | enrollme...
        
         | gamblor956 wrote:
         | 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.)
        
         | renewiltord wrote:
         | Sure, but lots of things are unnecessary and we can't get rid
         | of them because they are politically dangerous to touch. So we
         | chip away at the ugliness bit by bit. No purity here: you take
         | every yard you can get. And if I have to lie and say "CEQA as
         | it stands is great, but occasionally there are situations where
         | it is a bad fit" just to get people to let me take a step
         | forward, then I'll lie.
        
       | exogeny wrote:
       | Good. NIMBYs are a huge problem, and any argument predicated on
       | "preserving the character" is disingenuous at best and racist at
       | worst. It's sad that legislation once designed to do so much good
       | has been weaponized by such obstructionists.
        
         | rablackburn wrote:
         | > any argument predicated on "preserving the character" is
         | disingenuous at best and racist at worst
         | 
         | Calling NIMBYism's "preserving the character" argument
         | disingenuous is probably going too far. That really is the
         | problem many NIMBYs have with proposed developments. They like
         | their neighbourhood exactly how it is, and if they could
         | mandate perfect stasis they would.
         | 
         | It may not be a persuasive argument, but in many cases it is
         | genuine.
        
           | kaibee wrote:
           | > They like their neighbourhood exactly how it is, and if
           | they could mandate perfect stasis they would.
           | 
           | Y'know, if a community wants to have _perfect_ stasis like
           | that, it should be allowed. Which of course also means that
           | when you sell your property, any gains in land value should
           | also be taxed away and the property's max rent should also be
           | locked in at purchase time. This would of course, even more
           | preserve the character of the neighborhood. Otherwise it is
           | too convenient for NIMBYs that their policy preference also
           | happens to align with their economic interests.
           | 
           | (/s obviously, though a land value tax would be excellent)
        
         | ketzo wrote:
         | If nothing else, I hope Newsom can cement an identity as the
         | "anti-NIMBY governor."
         | 
         | S.B. 9 [1] was a great step. This also sends a pretty stark
         | message.
         | 
         | [1] https://focus.senate.ca.gov/sb9
        
       | jeffbee wrote:
       | 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.
        
         | favorited wrote:
         | Funny how the "they can't accept N students, there's not enough
         | housing!" guy is simultaneously the "don't build any new
         | housing" guy. And, as luck would have it, he's also the "don't
         | increase density in existing housing structures" guy.
         | 
         | What are the odds?
        
           | stingrae wrote:
           | also the "lives in New Zealand 50% of the time" guy
        
           | jeffbee wrote:
           | Also the "converted a duplex into a one-man home" guy.
           | 
           | Also the "parks on the street for free" guy.
           | 
           | What a surprise.
        
         | gyc wrote:
         | 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.
        
       | falcolas wrote:
       | 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.
        
         | paxys wrote:
         | 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.
        
           | throw_nbvc1234 wrote:
           | 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.
        
         | howinteresting wrote:
         | 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).
        
           | bhupy wrote:
           | 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.
        
         | hn_throwaway_99 wrote:
         | The exact opposite. The legislature (which passed this
         | unanimously) AND the governor passed this legislation as a
         | check on the power of the court. This happens all the time,
         | e.g. famously when the US passed the 16th amendment to allow
         | income tax.
        
           | colinmhayes wrote:
           | Really they're just undoing a law that has had many
           | unintended consequences. The court was just ruling based off
           | this CEQA, so the legislature fixed the it.
        
           | falcolas wrote:
           | They're interfering with a private lawsuit, and changing laws
           | with retroactive effect to do so. That's what's so odd about
           | this.
        
             | gamblor956 wrote:
             | No, they're addressing a private lawsuit that was only
             | permitted to proceed because of the court's erroneous (but
             | reasonable) interpretation of the prior law.
             | 
             | So the legislature changed the law to make it explicitly
             | clear that these types of lawsuits were never intended by
             | the law.
        
         | vkou wrote:
         | Courts can only serve as checks and balances in three things:
         | 
         | 1. Determining whether an executive action is consistent with
         | legislated law.
         | 
         | 2. Determining whether a piece of legislature is consistent
         | with a more important piece of legislature (Constitutionality.)
         | 
         | 3. Determining how two contradictory pieces of legislature are
         | to be interpreted in practice. (A superset of #2.)
         | 
         | A court rules on the current state of law. Based on that
         | ruling, the legislature can change the law as it sees fit,
         | within the constraints that it operates under.
         | 
         | They are not a back-door way for people to subvert the power of
         | legislature to draft laws those people don't like. If they
         | were, they would be utterly absurd, because without the power
         | to draft legislature, nobody would have a check or balance
         | _over_ the courts.
        
         | xadhominemx wrote:
         | The court didn't have a personal opinion on the matter. They
         | interpreted the statute. So the legislature changed the
         | statute.
        
         | 0xcde4c3db wrote:
         | I think what we're seeing _is_ the checks and balances in
         | action. The courts can only  "interpret" so forcefully before
         | they're essentially usurping the authority of the legislature,
         | so courts will sometimes make a "bad" ruling as if to say
         | "we're just applying your crappy law; if you don't like it,
         | amend it" (particularly sassy judges might be more direct about
         | this).
        
         | [deleted]
        
         | gamblor956 wrote:
         | _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._
         | 
         | That is literally how the legislature is supposed to act when
         | it feels that the court has erred in interpreting legislation.
        
         | scotuswroteus wrote:
         | Yeah and the sun may not come out tomorrow. This doesn't
         | undercut a court's decision. The court interpreted the rules
         | that the state legislature passed, and now that an unintended
         | consequence of the prior passed rule manifested, the state
         | changed the law. That's actually how it's supposed to work.
        
         | jeffbee wrote:
         | I've seen this take a lot in the last half a day and it makes
         | no sense at all. The court rules on the law. It's an ordinary
         | statute, and the legislature changed it. There is no checks-
         | and-balances conflict here. The statute says whatever the
         | legislature says it says.
        
           | rablackburn wrote:
           | Yeah, from what I understand this is exactly how the
           | separation of judicial and legislative powers is _meant_ to
           | work.
           | 
           | The court's power is to interpret what is written. The
           | legislature's power is to write the words. If the legislature
           | doesn't like how the court interpreted the statute they're
           | meant to rewrite it so that the intention is clearer.
        
       | paxys wrote:
       | 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.
        
         | edm0nd wrote:
         | 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.
        
           | bradly wrote:
           | > 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?
        
             | smugma wrote:
             | 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...
        
               | onlyrealcuzzo wrote:
               | Okay - serious question - with current building codes -
               | how does anyone tear down a house in SF and rebuild
               | anything - let alone split a narrow lot in 2 and build
               | two duplexes on that?
               | 
               | The duplexes would be like 30% stairs, right? This seems
               | like a $5M investment to end up with 4 500 sqft 1-window
               | studios that would be absurdly cashflow negative, and
               | none of them would sell for $1M... SB 9 economically does
               | not seem to work out for almost every lot in SF proper.
               | 
               | So if SF doesn't want anything to happen - wouldn't the
               | best thing be to just keep things as they are?
               | 
               | The SF proposal similarly seems like garbage. The vast
               | majority of homes cannot just magically become
               | quadplexes. There's not enough stairs to pass fire code.
        
             | conanbatt wrote:
             | What you have now was passed by Gov.
        
               | bradly wrote:
               | Yes. That was the point of my comment :)
        
         | nr2x wrote:
         | (High speed rail...)
        
       | mistrial9 wrote:
       | 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. What has replaced it in the
       | downtown and flatlands are super-scary predatory criminal loners,
       | hard core drug-addicted mentally ill and some of the most
       | expensive housing in the United States. Landlords feasted on the
       | rental income derived from "market forces" of thousands of
       | 20-somethings working for FAANG and bio-tech. The homes in the
       | hills are overflowing with paper income, and the covid-19 rates
       | are among the lowest in the western US due to a combination of
       | factors.
       | 
       | It is a stunning turn of events, worthy of Heinlein. The behemoth
       | schools that are UC Berkeley continues to bring in nine-figure
       | money with off-shore students paying high tuition, looking for
       | their chance to strike it rich in the high tech scene, while
       | those of ordinary means are economically crushed.
        
         | xadhominemx wrote:
         | What's your point?
        
         | jeffbee wrote:
         | 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...
        
           | nomel wrote:
           | 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?
        
         | dougmccune wrote:
         | 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.
        
           | Fauntleroy wrote:
           | 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.
        
             | dougmccune wrote:
             | Homelessness has definitely increased in the last 2 years,
             | as it has throughout all of California. The high cost of
             | housing and income inequality are absolutely massive
             | problems that have gotten significantly worse since the
             | onset of the pandemic. We certainly have problems, and
             | housing costs and drug overdoses are absolutely serious
             | issues that are trending the wrong way. But to claim that
             | Berkeley is a ghost town with almost no retail and half of
             | restaurants shuttered is just pure fiction. I drove through
             | campus the other day and a group of kids was playing beer
             | pong on their front lawn. People are everywhere. The
             | commercial areas are back with foot traffic. It's not
             | anything like the original commenter described. It's like
             | they went out once in March 2020 and then never left the
             | house again.
        
         | KerrAvon wrote:
         | I'm having trouble recalling a Heinlein story with any
         | relevance here
        
           | ketzo wrote:
           | Don't you remember that classic Heinlein story, "This Place I
           | Like Isn't The Same As It Used To Be"?
        
         | sergiomattei wrote:
         | This has been practically every college town since the pandemic
         | started.
        
       ___________________________________________________________________
       (page generated 2022-03-15 23:00 UTC)