Public Comment

To: the City of Berkeley Peace and Justice Commission

On May 8th, 1978, Associate Vice Chancellor for Business Affairs T. H. Chenoweth signed a "Letter of Agreement" assuring People's Park's neighbors, users, and gardeners they would be participants in "all matters relating to the use, maintenance and development of the People's Park site and any tentative proposals for construction, public works, or other significant changes affecting the Park before the Chancellor's Office makes a decision on these matters."

The contrast between today and May 8th, 1978 is striking. The current chancellor, Carol Christ, simply announced her proposal to construct housing on People's Park without making any effort to include the neighbors, the city, the park users and gardeners, anyone. If you were fortunate enough to attend a meeting regarding the issue at all, the proposal's architectural drawing was propped up on an easel like a done deal. In May of 1978, on the other hand, notice regarding any changes to the park was agreed to by park users and the university. Both parties wanted peace, cooperation, and an end to conflict.

"There were some crises," says David Axelrod, who was the field coordinator for the 1997 class called "Urban Ecosystems", a university-approved native plant gardening project he launched with other gardeners in the east end of People's Park. He remembers the university taking down a water fountain built in the park as one example of a conflict the Letter of Agreement hoped would resolve. 

The "Urban Ecosystems" class was cutting edge in several ways. Recognizing the crucial ecological role of native plants was not widely appreciated, rarely part of educational curriculum, and most parks were designed with recreational rather than ecological goals in mind, leaving natural, native plants at war with maintenance crews assigned to destroy them. 

The east end's "Urban Ecosystems" group included neighbors and non-university students with an interest in participating in the native plant project which illustrated approximately 19 subsections of California's native plant communities. People's Park's tradition of user-development was not only welcomed by the university, it gave university credit for participation and assisted with maintenance issues such as the provision of water and trash pick-up. 

"Non-students were invited," states Axelrod, "right from the start. Independent study and group study. Also, we were putting on concerts. We would get the risers from Eshleman Hall, really rickety, and then an architecture student, I think it was Carol Holding, had the idea of building a stage. We built it in the early part of 1979. The kick-off was April 14th, 1979 - that was the first concert on the People's Park stage." 

The concerts offered another opportunity for conflict over amplification, hours, noise, etc., but the May 8th, 1978 "Letter of Agreement" had by then been strengthened by a "Letter of Understanding" signed by all parties on January 5th, 1979 which continued to affirm that the People's Park Project/Native Plant Forum be a clearinghouse for any People's Park-related disputes, which, with respect to amplification were finally superseded in 1987 by a court order. Axelrod believes it was issued by famed Judge Henry Ramsey, an order requiring the university to allow amplified concerts, parks being a quintessential location for protected first amendment activities. 

But perhaps the most important aspect of the official "Letter of Agreement" and the follow-up "Letter of Understanding" is this; 

"C. Appropriate Use 

People's Park is primarily reserved for educational, research and recreational purposes." 

Which follows this telling paragraph; 

"At such time as a broad-based People's Park student community neighborhood association can organize itself, People's Park Project/Native Plant Forum may request that the Chancellor's Office transfer the above functions to said association." 

The "Letter of Agreement", the "Letter of Understanding", and the "Coordinations for Use of the University Property Commonly Called 'People's Park'" clarify many things. But the main clarification is that the university, ten years into People's Park's history, had every intention of restoring the peace, involving the community and park users in any decisions regarding the park, and returning it to community control. 

These agreements are legal documents, as is Judge Ramsey's 1987 court order affirming the legality of amplified events in a public park. The letters state that the agreements between the park users and the university can only be cancelled in writing with a year's notice. The third document, an August 31st, 1979 "Coordinations for Use of the University Property Commonly Called 'People's Park'" letter from Associate Vice Chancellor for Business Affairs Ted Chenoweth, offers his services to assist in any capacity after his retirement, saying "I expect to remain active as a member of the People's Park Council, especially when the interest of the neighbors around the Park are involved." The court order of 1987 is a permanent legal protection. 

Former Vice Chancellor Chenoweth is only one of many participants in these living agreements still active in People's Park gardening and art projects who are more than willing to help resolve any conflicts regarding the park's use. Especially in this, the People's Park's 50th anniversary year, the City of Berkeley and the university need to honor these original agreements which gave birth to many more over the course of People's Park's history. 

The City of Berkeley once created a commission as a forum for People's Park-related planning and discussion. And countless Bay Area organizations have expressed support for the park and its landmark status, conferred in 1984 about fifteen years into the park's history, when it was recognized as having important historical and cultural significance. 

This portion of a 1995 letter from the Berkeley Religious Coalition with the Homeless is an excellent example of the community's tireless willingness to assist with stewardship: 

"...the plan needs to be amended to exclude components changing People's Park from a community gathering place into a University athletic facility.  

The community consulted by the Use Committee overwhelmingly supported use of the space as a park rather than as an athletic field. We affirm the concerns of the Landmarks Commission and environmental groups that such changes would threaten the social and physical integrity of this important cultural and historic site.

The history of the Park demonstrates long-standing good will as well as dissension. We believe the Park could be a site that generates services and jobs for the homeless as well as being a comfortable and convenient open space for the whole community.  

Third, we believe the University should donate the land at People's Park to the City of Berkeley to be run by the community.  

Nearly 3 million dollars of taxpayer's money have been spent in the last five years alone in the University's ongoing battle with community residents over People's Park. We believe the City of Berkeley should have permanent control of the Park and that the City should create a board of stewards for the site that includes significant representation from Park users.  

With amendments in these three key areas we believe the Use Plan for People's Park will effectively work to make the Park a hospitable environment for all people.  

Sincerely, 

ENDORSER/SIGNERS: 

Dr. David Shields
Interim Director, Westminster House
Presbyterian Campus Ministries
University of California, Berkeley

Rev. Allan Bell
Episcopal Chaplain to the University of California-Berkeley

Dr. Dan Matt, Faculty Member
Center for Jewish Studies
Graduate Theological Union

Father Bill O'Donnell, Asst. Priest
St. Joseph the Worker Church

Sister Bernie Galvin, cdp
Director, Religious Witness with Homeless People

Trinity United Methodist Church
Social Concerns Committee
Berkeley Friends Meeting
Peace and Social Order Committee

Dr. David Biale, Director
Center for Jewish Studies
Graduate Theological Union

Alan Senauke
National Coordinator
Buddhist Peace Fellowship

Maylie Scott, Priest
Berkeley Zen Center

Rev. Lee Williamson
Peace with Justice Coordinator
California Nevada Conference
United Methodist Church

Sister Clare Ronzani, snd
Faculty Member, Jesuit School of Theology at Berkeley

Ed Dunn, ofm
Justice and Peace Coordinator
Franciscan Friars-Santa Barbara Province

Michael Harank, Founder
Bethany House Catholic Worker

Dorothy Day House
Catholic Worker

Mel Weitsman
Abbot, Berkeley Zen Center

Terry Messman
Homeless Organizing Project of
the American Friends Service Committee

Rabbi Burt Jacobson
Kehilla Community Synagogue

Joanna Macy, Faculty Member
Starr King School for the Ministry

Berkeley Fellowship of Unitarian Universalists
Social Action Committee

Jurgen Schwing, Member
First Congregational Church of Berkeley

Dr. Clare Fischer, Faculty Member
Starr King School for the Ministry

Dr. Bob Lassalle-Klein, Faculty Member
Jesuit School of Theology at Berkeley

Dr. Fred Rosenbaum

Dr. Lynn Rhodes, Faculty Member
Pacific School of Religion

Pam Gilbert-Snyder
Social Ministry Chair
University Lutheran Chapel

Father Richard Chilson, Priest
Newman Center-Holy Spirit Chapel

Lonnie Vohs, Member
First Mennonite Church of San Francisco
San Francisco Theological Seminary, Staff

David Buer, ofm
Religious Witness with Homeless People
Steering Committee
Bay Area Church of Christ
Livermore

Rev. Pat deJong, Pastor
First Congregational Church of Berkeley

Rev. Dr. George Cummings
Pastor, Church by the Side of the Road
Faculty Member, American Baptist Seminary of the West

Susan Felix, Member
The Aquarian Minyan

Rebecca Parker, President
Starr King School for the Ministry

Rev. Richard Rollefson, Pastor
Shepherd of the Hills Lutheran Church

Dr. Jack Kornfield, Buddhist Teacher
Spirit Rock Center

Rev. Odette Lockwood-Stewart, Director
Wesley Foundation-Methodist Campus Ministry

Dr. Joseph Driskoll
Faculty Member, Pacific School of Religion
Asst. Dean, Disciples Seminary Foundation 

The City of Berkeley, as well as the university and the larger community, need to refresh a sense of appreciation for our historical landmark - not only to avoid conflict, but to help regenerate the possibilities for inclusion and cooperation illustrated by the early agreements, agreements which reflect restorative justice at its best. 

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