Berkeley City Council Public Hearing - 19 January

As the result of a lawsuit by the owners of Berkeley Iceland in their continuing efforts to be allowed unrestricted development of the landmarked arena, the Berkeley City Council will hold another hearing regarding the landmark designation of Berkeley Iceland on Tuesday, January 19, at 7 pm in the Berkeley City Council Chambers (2134 Martin Luther King Jr. Way).  Save Berkeley Iceland will be at this meeting to contest the action which led to the rehearing and defend the landmark designation.  Rather than work within the well defined process to develop historic resources, the current owners of Berkeley Iceland hope that the Mayor and City Council will give them special consideration which is likely to result in the loss of the historic and needed recreation facility.  We encourage the community to join us at this meeting to protest the way this hearing was brought about and to support the landmark designation of Berkeley Iceland, and to contact the Mayor and City Council with the message that we want to protect our precious resources [names and addresses for the Mayor and Councilmembers are listed here].

SBI's position is summarized in the following points:

1> This settlement was the result of a lawsuit filed against the City of Berkeley by the current owners, East Bay Iceland.  In filing this suit, the owners failed to notify all the interested parties in the action, including the Berkeley Citizens who filed the landmark application.  This failure to notify and include the applicants, Tom Killilea and Elizabeth Grassetti, members of Save Berkeley Iceland, calls into question any settlement agreement to which they were not a party.  Since this hearing is a result of the settlement, the hearing itself is open to legal challenge.

2> The owners challenge to the landmark designation is without merit since they have offered no new evidence to counter that already heard by the Landmark Preservation Commission (LPC) in 2007.  As was made clear in 2007, there is overwhelming evidence that Berkeley Iceland not only qualifies architecturally, but also as an historical and cultural asset.  Since no new evidence was provided in their challenge and no project is being proposed, there is no justification for review of the landmark designation under the Landmark Preservation Ordinances (LPO).

3> The owners contention that economic hardship caused by the landmark designation is both irrelevant and unsubstantiated.  It is clear from the landmark ordinances that economic hardship is not an issue that can be included in a landmark designation.  The LPO allows for modification of a landmark designation by the Landmarks Preservation Commission if the owners can prove to the commission that there is hardship.  The LPC can also make modifications to a designation during the planning and permitting of a project.  Neither the owners nor other parties have proposed any projects which would trigger an LPC review.  The only claim of economic hardship is from the same ownership which took over $5 million of dollars out of their company in the 10 years before they closed Berkeley Iceland's doors rather than make the investments which would keep the rink operations viable.

4> If they decide to remove the landmark designation, the City Council will be providing the owners the ability to destroy an historic recreation facility.  This would remove any possibility of restoring to the community a facility in a city and neighborhood desperately short on recreation opportunities - especially for kids.  The landmark designation allows for the creative reuse of the building which can preserve this valuable asset, which is an historic landmark.  Allowing an owner to bypass the process without even presenting a plan for the site sets a precedence which disregards the community.

SBI understands the frustration in the time that has passed since the owners decided to close the rink.  We continue to work towards a solution that will return a revitalized recreation center based on the historic ice rink and work within the landmark ordinances.  By exploring creative options with input from the community, Berkeley Iceland will return to provide a place where the community can have some healthy fun and continue to make history for many more years.

Meeting Information:

    Berkeley City Council Public Hearing regarding Rescission of Resolution Affirming Designation of Berkeley Iceland as a City of Berkeley Landmark
   
    Date: 19 January 2010
    Time: 7:00 pm (best to show up early since the doors will be closed when room is full)
    Location: Berkeley City Council Chambers, 2134 Martin Luther King Jr. Way