Berkeley Municipal Code Ch. 7.08 Park Acquisition, Development and Renovation Fund

*For parks and public property generally, see Title 6 of this code.

For Planning Commission, see Ch. 3.28 of this code; for Parks and Recreation Commission, see Ch. 3.26 of this code.

There is established a "park acquisition, development, and renovation fund," hereafter referred to as fund, to be administered by the recreation commission and Planning Commission; moneys therein shall be appropriated, transferred, expended or used for, and only for, those recreation and open space purposes determined by the Recreation Commission and Planning Commission, to be consistent with the recreation and open space element of the City master plan and which may be from time to time modified by a majority vote of each of the Planning Commission and Recreation Commission meeting jointly, and with the concurrence of the City Council. The recreation and open space element of the master plan, as from time to time modified, shall continue to identify neighborhoods which are in special need of recreation and open space facilities, and shall designate such neighborhoods as "high deficiency" neighborhoods; moneys in the fund may be used for the acquisition and/or development of lands within or contiguous to such neighborhoods for recreational purposes; and/or for the renovation of existing recreational facilities. (Ord. 4734-NS § 2, 1974)

There is imposed, pursuant to the laws of the state for a period of five years starting with the fiscal year 1975-76, an annual property tax levy of twenty cents for each one hundred dollars assessed valuation, to be utilized for the acquisition, development and renovation of public parks and open space as provided in this section. Revenues obtained thereby shall be in addition to, and not in place of, any sums normally budgeted for the Recreation, Parks and Community Services Department, and together with interest earned thereon, shall be deposited into the fund. In addition, all grants, gifts and bequests paid to the City for these purposes, and interest earned thereon, unless otherwise restricted, shall be deposited into the fund. Establishment of this fund is not intended to preclude any other similar programs or any other similar use of funds by the City. All amounts paid into the fund shall be maintained by the treasurer separate and apart from all other City funds, and shall be secured by that official’s bond. (Ord. 4734-NS § b, 1974)

A minimum of seventy-five percent of the revenues provided for the fund shall be utilized for the acquisition and development of real property, and shall be so utilized thereafter until modified by a majority of the Planning Commission, recreation commission and City Council. The balance of said fund, up to twenty-five percent, may be used for the renovation of existing City park properties and for administrative expenses connected therewith. (Ord. 4734-NS § c, 1974)

The revenues in each year may be used to match other public or private funds contributed for the purposes of this ordinance. (Ord. 4734-NS § d, 1974)

The Recreation Commission and the Planning Commission shall hold at least one joint public meeting annually and shall at such time receive and review a report from the Director of the Recreation, Parks and Community Services Department on the implementation of the acquisition program, on expenditures made from the fund, and on properties developed and renovated during the preceding year for recreation uses. The Recreation Commission and Planning Commission shall receive testimony from the public regarding their recommendations for the acquisition, development, and renovation of parks and open space lands; approval of fund expenditures to be by a majority vote of each of the Recreation Commission and Planning Commission meeting jointly, and with the concurrence of the City Council. Said recommendations should balance the City-wide needs for parks with the needs of the identified high-deficiency neighborhoods. (Ord. 4736-NS § 6 (part), 1974; Ord. 4734-NS § e, 1974)