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Berkeley Plan to Build on Berkeley's Martin Luther King Civic Center Park Would Need Voter Approval

Clifford Fred
Friday October 02, 2020 - 02:13:00 PM

I have been reading with great concern in the Planet of the City's fast moving plans to build on Civic Center (aka Provo or MLK) Park.

Please note that Measure L requires approval of the voters before any City Park or open space can be used for other purposes.

Measure L - The Parks and Open Space Ordinance, was adopted by Berkeley voters in November 1986 by a vote of 21,946 to 18,854. This was the question on the ballot:

"Shall an ordinance be adopted to require voter approval of non-recreational uses of parks or open space and require acquisition of open space controlled or leased by the City if acquisition is the only means of preserving the open space?" 


In 1996, the City wanted to place temporary buildings on Civic Center (Provo, MLK) Park for various city bureaucratic functions while the Civic Center building on Milvia Street went through extensive renovations and a seismic upgrade. Because of Measure L, they had to put a measure on the November 1996 ballot - Measure X - to get the public's approval.

The last of the “where as’s” at the start of the Full Text of Measure X” states: 

“Where as Measure L, BMC Chapter 6.42 requires voter approval to use public parks for purposes other than park or open space uses,

“Shall the MLK Jr. Civic Center Park be used for a period to expire no later than June 30, 2001 for the purpose of temporarily housing City of Berkeley offices in portable buildings, as well as associated site preparation and maintenance activities in order to allow the abatement of seismic hazards at the site of the MLK Jr. Civic Center Building at 2180 Milvia Street if the Council finds after a public hearing that there is no other feasible alternative to relocate City employees during such seismic work?”

Measure X failed 17,476 to 23,151! So they could not do it, and instead had to lease commercial property around downtown instead.

I was one of the five people who signed the ballot argument against measure X.

I have not been following the latest Civic Center planning. There was an extensive Civic Center planning process and a "new" Civic Center Plan adopted around 20 years ago. I could be off by a few years.

So, the City cannot build anything in Civic Center Park, nor even erect nor install any temporary structures in the Park without voter approval. But Measure L does not protect buildings adjacent to parks and open space, nor limit what can be built adjacent to parks
and open space.

Unfortunately, Measure M on the same Nov 1986 ballot, which would have required a vote of the people to allow School District property to be used for non education and/or non recreational purposes, failed by 520 votes.

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