myiW Current Conditions and Forecasts Community Forums Buy and Sell Services
 
Hi guest · myAccount · Log in
 SearchSearch   ProfileProfile   Log in to check your private messagesLog in to check your private messages   RegisterRegister 
Berkeley Marina Meetings
Goto page Previous  1, 2
 
Post new topic   Reply to topic    iWindsurf Community Forum Index -> Southwest USA, Hawaii, Mexico
View previous topic :: View next topic  
Author Message
Riptide



Joined: 15 Jan 2011
Posts: 403

PostPosted: Fri Dec 24, 2021 1:12 pm    Post subject: Reply with quote

Berkeley Public Parks and Open Space Preservation Ordinance

"Measure L"

This Ordinance was approved by the electors of the City of Berkeley at the Municipal Election held in the City of Berkeley on November 3, 1986.

In effect: December 19, 1986

ORDINANCE NO. 5785-N.S.



THE BERKELEY PUBLIC PARKS AND OPEN SPACE PRESERVATION ORDINANCE: PROPOSAL FOR AN ORDINANCE TO REQUIRE THE BERKELEY CITY COUNCIL TO PRESERVE AND MAINTAIN THE PUBLIC PARKS AND OPEN SPACE WHICH EXIST IN BERKELEY, AS WELL AS TO ACQUIRE AND MAINTAIN PUBLIC PARKS AND OPEN SPACE IN THE CENSUS TRACTS AND NEIGHBORHOODS OF BERKELEY HAVING LESS THAN THE MINIMUM AMOUNT OF OPEN SPACE RELATIVE TO POPULATION (2 ACRES PER 1,000) IDENTIFIED IN THE BERKELEY MASTER PLAN OF 1977; AND TO REQUIRE THE CITY TO SUBMIT TO A POPULAR VOTE ALL PROPOSALS TO WITHDRAW FROM RECREATIONAL USE PUBLIC PARKS OR PUBLIC OPEN SPACE.

BE IT ORDAINED by the People of the City of Berkeley as follows:

FINDINGS:

WHEREAS, the Berkeley Master Plan of 1977 (hereinafter Master Plan) provides for a minimum standard of two acres of public open space per 1,000 persons and identifies specific Berkeley census tracts as having high population density and high open space demands, and attainment of the minimum standard is jeopardized by continued loss of public open spaces.

WHEREAS, the City of Berkeley is the second most densely populated City in California, undeveloped land is at a high premium in Berkeley, there are significant pressures to convert City owned or controlled open space to permanent or long-term non-park, non-open space uses and there exists a clear and present emergency in that the threatened loss of open space, parks and recreational opportunities in the neighborhoods in Berkeley will cause irreparable damage to the health and welfare of Berkeley residents.

WHEREAS, the Berkeley City Council has failed to provide and fund the Master Plan minimum standard of public parks and open space in every Berkeley neighborhood, and in particular in those census tracts having high park and open space requirements

WHEREAS, specific procedures and directives to the Berkeley City Council are necessary to insure that the Master Plan’s minimum park and open space goals are not rendered impossible through the continued loss of public open spaces;

Section 1. VOTER AUTHORIZATION PROCEDURE.

That no public parks (hereinafter defined) or public open space (hereinafter defined) owned or controlled or leased by the City of Berkeley or agency thereof, shall be used for any other purpose than public parks and open space, without The Berkeley City Council first having submitted such use to the citizens for approval by a majority of registered Berkeley voters voting at the next general election.

Section 2. FUNDING LEVELS TO ALLOW FULL USE

2(a): That wherever public parks and open space currently exist in Berkeley, such use shall continue and be funded at least to allow the maintenance of the present condition and services. (b) That all undedicated or unimproved open space owned or controlled by the City of Berkeley (including land held by the City in trust) shall be retained and funded by the Berkeley City Council to enable public recreational use of those lands. (c) That those census tracts containing less that the Master Plan provision of two acres of parks and open space per 1,000 population shall be singled out as having a high priority for funding the acquisition, development and maintenance of parks and recreational facilities.

Section 3. DEFINITIONS


3(a): Public parks shall be defined as City of Berkeley parks, public school playgrounds or lands held in trust by a public entity, which have been formally dedicated to permanent recreational use by the City of Berkeley, and funded for recreational use by City of Berkeley public funds.

3(b): Public open space shall be defined as all City of Berkeley parks, public school playgrounds, and vacant public land, whether dedicated formally to park use or being used de facto as open space with recreational use or potential use on or after January 1, 1985.

Section 4. ADOPTION OF THIS ORDINANCE

4(a): If the petition accompanying this proposed ordiance is signed by the number of voters required by the Berkeley City Charter, Article XIII, Section (3) or (4) or (5), the Berkeley City Councicl is hereby directed to submit this ordinance forthwith to the vote of the people pursuant to the appropriate Charter Section that applies to the highest number of voter signatures certified by the City Clerk, unless the Council passes this ordinance pursuant to the Charter, Article XIII, Section (3)(a).

Section 5. RETROACTIVITY

5(a): Upon passage of this initiative, all actions taken on or after January 1, 1985, by the Berkeley City Council, Housing Authority, or any agency of the City of Berkeley occurring after the date this initiative is certified for placement on the next occurring general election ballot, which actions are not in full conformity with this Ordinance, shall be declared null and void.

Section 6. SEVERABILITY.

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are severable.
Back to top
View user's profile Send private message
windsrf



Joined: 01 May 1998
Posts: 453

PostPosted: Sun May 22, 2022 3:47 pm    Post subject: Reply with quote

Important Berkeley Marina Update:

From: Camille Antinori <camilleantinori@gmail.com>
Subject: Progress on waterfront and marina management! Action Item this Tuesday 5/24
Date: May 22, 2022 at 12:58:59 PM PDT
To: undisclosed-recipients:;

Progress in setting things right at the Marina!

Thanks for being involved in the Berkeley Marina! Berkeley City Council needs to hear from as many voices as possible throughout Berkeley to understand that this issue has widespread interest. An important council meeting item on Marina finances is coming up this TUESDAY and public comment is needed. Or you can write your councilperson before (or after) that time. Links to the meeting, councilmembers and project resources are at the bottom of this email.

Financial self-sufficiency is not required, and we may be closer to solvency than we think

Part of the narrative that city representatives and consultants have put forward is that the Marina has to be self-sufficient financially, leading city staffers to grab frantically at any revenue-generating idea, well-founded or not, short of Disneyland (in words of one Marina user). We have two items to report that change this view and could help support a waterfront future that many Berkeleyans and regional users actually want:

1) Financial self-sufficiency is not required

At the Parks, Recreation and Waterfront meeting on May 11, after questioning by City Councilmember Kate Harrison, Parks staff finally clearly admitted that, no, in fact, the “Marina Fund’ does NOT have to be financially self-sufficient. Yes, there’s a deficit problem and $100 million in deferred maintenance but funds can also come from outside the Marina operating fund, opening up how we think about putting waterfront management on financially stable footing.

2) Waterfront park expenses can and should be treated like other Berkeley parks; and taxes currently collected in the Marina should be credited to the Marina Fund – Action item!

After year+ of people pushing for budgetary changes, an item will finally be up for a vote at this Tuesday’s (5/24, 6PM) City Council meeting to treat the parks area of the Marina like other parks in the city. Right now, all landscaping, maintenance and trash collection down at the waterfront, including Cesar Chavez Park, are charged to the Marina Fund, whereas they are covered by the Parks Fund at all other city parks. Plus the agenda item would recapture funds generated in the Marina by allocating all Transient Occupancy Tax paid by Marina leaseholders, like the Doubletree Hotel, to the Marina Fund instead of going to the General Fund. These two changes curtail treating the waterfront as a “cash cow,” which has deepened the Marina Fund budget deficit over the years.

Here’s Tuesday’s proposal:

"Proposal to Allocate Revenues Generated by the Transient Occupancy Tax in the Waterfront Area to the Marina Fund to Avoid Insolvency, Rebuild its Fund Balance and to Stabilize its Finances (Reviewed by the Budget & Finance Committee)

From: Parks and Waterfront Commission Recommendation: That Council adopt a Resolution adopting a policy that all Transient Occupancy Taxes (TOT hotel tax) generated at the Berkeley Waterfront be allocated to the City’s Marina Enterprise Fund. All other property, sales, utility users, and parking taxes; as well as business license and franchise fees, would continue to be allocated to the City’s General Fund. Policy Committee Recommendation:

On April 28, 2022, the Budget & Finance Policy Committee took the following action: forward the item to Council with a qualified positive recommendation to consider as part of the budget process including the following amendments

1. that Public Works consider including trash pick-up at the Marina in the 218 process;

2. that the Marina Fund be excluded from road work repairs within the larger marina territory; and

3. that $1.5M be allocated from the General Fund to the Marina Fund for operating expenses in 2024.

Financial Implications: See report Contact: Roger Miller, Commission Secretary, (510) 981AGENDA 6700 Page 4 4 Tuesday, May 24, 2022 "


Civic leaders like Councilmember Kate Harrison, along with former Councilmembers Shirley Dean, Laurie Capitelli, and Gordon Wozniak are approaching consensus on this issue.

Please attend the May 24, City Council meeting (link below) and speak at public comment on Item #6 of the agenda. Say that that you want to return the Marina fund to solvency - not by monetizing it, but rather by allocating its self-generated resources appropriately.

Here’s the link to the meeting on May 24th, 6pm:

https://berkeleyca.gov/city-council-regular-meeting-eagenda-may-24-2022

Or write your city council member! Council roster:

https://berkeleyca.gov/your-government/city-council/council-roster

And links to BMASP and the pier/ferry project:

https://berkeleyca.gov/your-government/our-work/capital-projects/berkeley-marina-area-specific-plan-bmasp-project

https://berkeleyca.gov/your-government/our-work/capital-projects/berkeley-municipal-pier-ferry-project


Thank you!
Back to top
View user's profile Send private message
windsrf



Joined: 01 May 1998
Posts: 453

PostPosted: Thu Jun 02, 2022 1:55 pm    Post subject: Reply with quote

Important new article on Berkeley Marina/Pier/Ferry by Tim Henry in latest "Latitude 38":

https://www.latitude38.com/issues/june-2022/#58

Cheers, David
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    iWindsurf Community Forum Index -> Southwest USA, Hawaii, Mexico All times are GMT - 5 Hours
Goto page Previous  1, 2
Page 2 of 2

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You can attach files in this forum
You can download files in this forum

myiW | Weather | Community | Membership | Support | Log in
like us on facebook
© Copyright 1999-2007 WeatherFlow, Inc Contact Us Ad Marketplace

Powered by phpBB © 2001, 2005 phpBB Group