An Open Letter to Berkeley City Council: History Matters
On November 17, 2026, the Berkeley City Council will take up item 25: the Environmental Impact Report, project approval, and use permit for the Berkeley Water Transportation Pier-Ferry Project. Jim McGrath has sent the following open letter to the Mayor and Council on behalf of Save the Berkeley Pier. The 1965 plan he refers to as Exhibit C is shown below and is included in the PDF download at the end of this post.
Jim McGrath
2301 Russell Street
Berkeley, CA 94705
October 30, 2026
OPEN LETTER TO BERKELEY CITY COUNCIL
SUBJECT: November 17, 2026, Council Meeting item 25. Berkeley Water Transportation Pier-Ferry Project Environmental Impact Report, Project Approval and Use Permit
Dear Mayor and Council Members:
HISTORY MATTERS
In 1955, Berkeley adopted a land use plan for the waterfront that would have allowed about 2500 acres of Bay fill. That plan contemplated a new freeway, scenic drives, and extensive commercial development. In 1961, reacting to open landfills and proposals like this, the Save San Francisco Bay Association was founded by three citizen activists: Sylvia McLaughlin, Kay Kerr (Catherine Kerr), and Esther Gulick. Berkeley slowly reacted to lobbying by Sylvia McLaughlin and began to rethink its land use plan, preparing several versions that still involved substantial fill such as extending Gilman out to what was the garbage dump.
As legislative efforts to end Bay fill began to gather momentum, Berkeley adopted a plan in 1964, and then a subsequent plan in 1965 that are germane to your considerations. The latter plan is identified as Exhibit C, submitted to BCDC in a permit application dated November 17, 1965, and is attached to this letter. I call your attention to the language in the center, “Phase 2, Marine Park.” It encompasses the entire area that is now proposed for a commuter terminal for ferry riders. This plan was approved by the City Council on June 15, 1965. The Bay Conservation and Development Commission (BCDC) was established as a state agency with broad authority over fill and policy guidance to limit fill, on September 17, 1965, and the attached map comes from Berkeley’s application to BCDC for a permit.
After an initial denial (Application No. 9-65) in early 1966, Berkeley again reduced their proposal for bay fill, deleting the two long jetties that were designated in the 1965 plan. That proposal secured two permits for filling the bay from BCDC and promised that “Berkeley … has adopted a policy of exclusive public recreation use on the City’s shoreline! [and that] Berkeley’s portion of the shoreline of San Francisco Bay should be reserved for public recreation...” The permanency of this designation was set forth in the City’s November 23, 1965, letter to the State Resources Agency seeking funds to create the Marine Park where they stated “…the overall objective was established to preserve for all time the public recreational aspects of this area.”
Development of Berkeley’s Waterfront continued to be controversial with the proposal of Sante Fe’s land division to develop a new shopping center on the filled land between the frontage road and the marina. That land is now a state park, purchased from Santa Fe. While citizen—and council support—was strong, some citizens were concerned that future Berkeley City Councils would not be as supportive. So they placed a measure on the 1986 ballot, Measure L, now contained in Berkeley’s code, that requires a public vote before any development of parks or open space can be approved. (BMC Section 6.42.010).
The draft EIR that was presented to the public did not include a history that showed Berkeley’s designation of this area as a Marine Park. It did not acknowledge that the permits and grants that were secured to create this area resulted from that designation, or that the area has been designated as a Waterfront Park by BCDC since their very first Bay plan in 1969. The EIR argued, incorrectly, that “None of the proposed project would take place within a public park, with the exception of the installation of a new wayfinding sign in Shorebird Park.” In fact, the entire project is located in the park that Berkeley promised in 1965 and 1966 in order to obtain permits and grants for construction.
CONCLUSION
Sylvia McLaughlin’s efforts to stop uncontrolled fill of the Bay and to convince the Berkeley City Council and the State of California to establish a park along Berkeley’s waterfront are recognized in that park being named after her. Sylvia ultimately supported the reduced fill project that BCDC approved because it committed the land permanently to recreation. The 8 city council members that voted to continue haphazard bay fill have long since been forgotten. This is the third battle for the soul of Berkeley’s waterfront, and I challenge you to consider your legacy. Will you be remembered as the City Council that tried to wiggle out of the language in your code, the promises that the city made, and argue that this is not a park and is not subject to Measure L? Or will you do what the law and decency require, continue this matter and let the public vote on whether they want to devote part of a park to a commuter terminal?
Very truly yours,
Jim McGrath
For Save the Berkeley Pier
Exhibit C
Download the Document:
