39 CITY OF BERKELEY04| TRANSIT CORRIDOR STUDY PRIORITIZATION Figure 4.3. AC Transit Lines 72, 72M, and 72R run from Richmond to Oakland via Berkeley on San Pablo Avenue. (Source: AC Transit)
40 TRANSIT-FIRST POLICY IMPLEMENTATION PLAN
DECEMBER 2022| REVISED DRAFT
Plans and Projects
The Alameda County Transportation Commission
(Alameda CTC) is currently working on the San Pablo
Corridor Project. The project will develop a long-
term vision for the full corridor and identify short-term projects to improve the safety and experience of all
users. The corridor is 12 miles long, spanning two
counties and seven cities. Alameda CTC is also working
with Caltrans and AC Transit.
Alameda CTC has presented three conceptual designs
for the corridor:
•
Concept A: Median bus lanes and curbside bike
lanes with some parking/loading
•
Concept B: Median bus lanes and parking/
loading with bike lanes on a parallel route
•
Concept C: Curbside bike lanes with bus
boarding islands and parking/loading
Alameda CTC is moving forward with curbside bus
lanes on San Pablo Avenue from Downtown Oakland
to South Berkeley at Burnett Street, one block north of Ashby Avenue. Protected bike lanes would continue to
Russell Street.
Support
The City of Berkeley – 2015-2023 Housing Element
calculated that San Pablo Avenue could accommodate
1,047 units, or about 20 percent of the citywide total.
The Office of Economic Development conducted a
study in December 2016 and held a City Council work
session to identify existing conditions and consider
pursuing grant funding for a comprehensive land use
planning effort. Since that time, the City has acquired funding to develop a San Pablo Avenue Specific Plan.
This growth in housing along the corridor will generate demand for higher capacity transit services along San
Pablo Avenue in an environmentally efficient way.
Recommended Actions
1. Work with Alameda CTC, Caltrans, and
neighboring cities to develop a long-term vision
and plan for the corridor in Berkeley that meets
the transit needs of planned land uses along
San Pablo Avenue.
2. Coordinate with Alameda CTC, Caltrans, and
neighboring cities on the design development
to implement this vision.
Figure 4.4. One of the proposed concepts from the San
Pablo Corridor Project. (Source: Alameda CTC)
41 CITY OF BERKELEY04| TRANSIT CORRIDOR STUDY PRIORITIZATION Telegraph Avenue
The Telegraph Avenue corridor spans from Bancroft
Way in the north at the UC Berkeley campus to
Woolsey Street in the south at the Oakland border.
Plans and Projects
The City of Berkeley Southside Plan (2011) includes
Telegraph Avenue from Parker Street to Bancroft
Way in its study area. The goals in the Transportation
Element of the Southside Plan are to increase the share of usage of non-automotive modes of transportation
and to improve pedestrian and bicycle safety. The
Southside Plan supports improving transit in the
Southside area as a way to work toward those goals.
Objective T-A states: “Jointly advocate for improved
mass transit and non-auto travel to the Southside.”
Policy T-A1
The City and University should jointly advocate to AC
Transit and BART regarding the need for continued
and ongoing improvement of transit service to the
Southside.
Policy T-A2
Form a collaborative partnership between the City, the
University, Oakland and other jurisdictions, and the
regional transit agencies to study and improve transit
options and simplify transit connections throughout the Bay Area.
Policy T-A3
Work with AC Transit to implement the proposed
Bus Rapid Transit (BRT) project as embodied in the
Locally Preferred Alternative (LPA) measures passed
by Council. Advocate to AC Transit and the regional
transportation bodies for light rail as a longer-term way to provide cleaner, more efficient transit service for
the Southside. Ensure that College Avenue, Telegraph
Avenue, Bancroft Way, and Durant Avenue are
evaluated as future light rail corridors.
The Southside Plan continues with Objective T-B:
“Increase the usability and enhance the amenity of
public transit to, from, and within the Southside.”
Policy T-B1
A. Improve bus stops throughout the area.
B. When feasible, add covered platforms, shelters,
Figure 4.5. AC Transit Line 6 runs from Downtown
Berkeley to Downtown Oakland via Telegraph Avenue.
(Source: AC Transit)
42 TRANSIT-FIRST POLICY IMPLEMENTATION PLAN
DECEMBER 2022| REVISED DRAFT
“bulb-outs,” and appropriate street furniture at
heavily used bus stops.
C. Add clear signage, route maps and schedules, and
adequate lighting at all Southside bus stops.
D.
Improve the Telegraph/Bancroft area, particularly
Bancroft west of Telegraph, as a major “station”
and destination point for transit, including
appropriate loading, unloading, and waiting
facilities for commuters using campus shuttles,
conventional buses, and anticipated bus rapid
transit or light rail.
Policy T-B2
Devise ways to decrease mass transit travel times
through the Southside.
A.
Establish a planning criterion that major bus routes
and shuttles should run at least every ten minutes
from 7 a.m. to 10 p.m.
B.
On Telegraph Avenue, and on other Southside
streets with transit service, vigorously enforce traffic laws prohibiting double parking and ensure that
trucks and other vehicles making deliveries to local
businesses use designated loading zones. Expand
loading zones as needed to ensure that deliveries
can be made efficiently without double-parking
(see Policy T-F5).
C.
Continue to consult with AC Transit about timing
and type of traffic signals on transit routes through
the Southside. Maintain changes in the timing and
type of signals to facilitate movement of buses
while also improving safety for pedestrians.
The Telegraph Public Realm Plan (TPRP) was approved
by the City Council in 2016. The plan established a
vision and provides guidance for a shared street on the four northernmost blocks of Telegraph Avenue — from
Dwight Way to Bancroft Way. The planning process
included extensive input from community members
such as vendors, merchants, property owners, and
representatives from UC Berkeley and AC Transit.
The plan calls for converting Telegraph Avenue
north of Dwight into a shared street, which refers to
a street that functions as shared public space, with
nonmotorized activities as the core element. The plan
also notes that it will need to be updated to include
the future possibility of dedicated bus lanes.
In 2018, the City of Berkeley implemented a bus-only
lane on the north side of Bancroft Way from Telegraph
Avenue to Fulton Street, and a 2-way protected
bikeway on the south side of Bancroft Way. The bus
stop on Bancroft Way west of Telegraph was improved
as well, in a partnership with UC Berkeley.
In the same year, the City of Berkeley implemented
the Telegraph Avenue Loading Zone and Customer
Parking Pilot Project. The pilot project addressed the
issues of a perceived lack of visitor parking and the
impacts of double parking, such as transit delay. It
converted parking spaces that were previously loading
zones into metered loading zones in the morning
and general parking for the remainder of the day. It
also consolidated two closely spaced bus stops on
Telegraph Avenue into one stop at Haste Street. The
pilot was adopted as a permanent program. This
improvement to Telegraph Avenue, together with the
Bancroft bus-only lane and two-way bikeway, worked
toward implementation of the Southside Plan’s policies
and objectives.
Figure 4.6. Diagram of proposed phasing strategy for,
Telegraph Public Realm Plan. (Source: Taecker Planning and Design)
43 CITY OF BERKELEY04| TRANSIT CORRIDOR STUDY PRIORITIZATION City Council in February 2022. It includes widening the existing Bancroft transit lane between Dana Street and
Fulton Street, extending the Bancroft transit lane such that it would run continuously on Bancroft from College Avenue to Shattuck Avenue, and adding a bus lane on
Telegraph Avenue between Dwight and Bancroft as
part of a “shared street” that significantly calm traffic for a plaza-like experience while reserving dedicated
space for transit. The detailed design and construction of the Bancroft, Dana, and Fulton components of the
project are fully funded. The Telegraph shared street/
transit lane concept would require the acquisition
of additional funding for detailed design and
construction.
It is worth noting that AC Transit has separately
acquired funding for a quick-build red transit lane on
Durant Avenue between Ellsworth Street and College
Avenue, and that the City plans to fund the extension
of the red transit lane so that it starts west of Ellsworth at Shattuck, providing the Durant piece in the Bancroft/ Durant one-way street couplet used by AC Transit
Lines 51B and 6.
In mid 2022, the City of Berkeley started working on
the Telegraph Avenue Multimodal Corridor Project.
The project area spans Telegraph Avenue from
Dwight Way to Woolsey Street (Oakland border). The
AC Transit is currently working on their Telegraph
Rapid Corridor Project (part of Transit Performance
Initiative – Round 3 [TPI3]), which includes the Berkeley portion of Telegraph Avenue as well as the Oakland
portion, and Grand and West Grand Avenue in
Oakland. The aim of the Rapid Corridor project is to
increase the speed and reliability of transit service on this corridor. To achieve this objective, the project
proposes to remove or relocate bus stops, install TSP
hardware and software at signalized intersections,
and implement a bus queue jump in the northbound
direction at 52nd St. in Oakland. The Telegraph Rapid
Corridor project will be constructed in 2023.
The City of Berkeley is currently working on a project
called the Southside Complete Streets project. The
goals of the project are to ensure safety for all street users, improve transit reliability and travel times,
and support the economic and cultural vitality of the
Southside neighborhood. The street segments that
are the subject of the Southside Complete Streets
project are: Bancroft Way from Piedmont Avenue to
Milvia Street and Telegraph Avenue, Dana Street, and
Fulton Street each from Dwight Way to Bancroft Way.
The project evaluated a potential transit-only lane on
Telegraph Avenue from Dwight to Bancroft Way, which
is a one-way northbound segment of Telegraph. The
project design concept was adopted by the Berkeley
Figure 4.7. Proposed bus stop changes, AC Transit Telegraph Rapid Corridor project. (Source: AC Transit)
44 TRANSIT-FIRST POLICY IMPLEMENTATION PLAN
DECEMBER 2022| REVISED DRAFT
Adeline Street
The Adeline Street corridor begins at its intersection
with Shattuck Avenue in the north and extends to the
Oakland border in the south, including its intersections with Stanford Avenue and Martin Luther King Jr. Way.
Plans and Projects
The City of Berkeley Adeline Corridor Specific Plan
was adopted by the Berkeley City Council in December
2020. The planning process included extensive
community outreach to develop a long-range plan for
the ar
ea along south Shattuck Avenue between Dwight
Way and Adeline Street, and Adeline Street from
Shattuck Avenue to the Oakland border.
The five priorities that were identified for the future of the Adeline Corridor are: land use and community
character, housing affordability, economic opportunity, transportation, and public space. Although the Adeline
Corridor Specific Plan does not detail a concept plan
for BRT or bus-only lanes, ther
e is strong support
among some community groups for reducing vehicle
speeds and volumes to improve safety on the corridor.
The City of Berkeley Measure T1 Bond included a
pavement rehabilitation project on Adeline Street
from Derby Street to Ashby Avenue. The project also
included installation of protected bike lanes, bus
boarding islands, and high-visibility crosswalks. The
project completed construction in 2019.
The City and BART have been coordinating on a study
of the feasibility of a lane reduction on Adeline Street between Ashby Avenue and Martin Luther King (MLK)
Jr Way as a means of providing room for a public plaza
with a protected bikeway adjacent to the Ashby BART
station, see Redesigning Adeline Street at Ashby
BART. This plaza could provide a future location for
the Berkeley Flea Market after the western parking lot
at the Ashby BART station is developed into housing.
The study responds in part to a Referral adopted by
City Council in February 2020 calling for the analysis of a redesign of Adeline Street between Ward Street and
MLK to prioritize a two-lane option for Adeline in order to increase safety while meeting the needs of public
transit. The potential for converting an existing mixed- traffic lane in each direction of Adeline to a transit-only lane was included in this study. The traffic operations analysis, however, found that additional delay caused
by the lane reduction could be significantly reduced
project will develop conceptual designs and conduct
preliminary engineering for protected bike lanes,
transit lanes, and pedestrian safety improvements. The
project goals are to improve transit reliability and to improve traffic safety overall.
Support
City Council has recently expressed support for
BRT on Telegraph Avenue, as well as the above-
described shared street with transit lane design for the northernmost four blocks of Telegraph Avenue.
This is a significant change from 2010, when City
Council rejected implementation of BRT on Telegraph
Avenue, citing stakeholder concerns about impacts
on traffic, parking and loading. Instead, Council
approved a proposal without bus-only lanes, focusing
on improvements to bus stops, signage, transit signal
priority, and proof-of-payment systems.
A decade after this action, City Council passed a new
referral approving a letter drafted in support of reviving BRT on Telegraph Avenue
Letter in Support of Reviving Berkeley Bus
Rapid Transit
Send a letter to AC Transit, the Alameda County
Transportation Commission, Assemblymember
Buffy Wicks, and State Senator Nancy Skinner
in support of expanding Bus Rapid Transit into
Berkeley on Telegraph Avenue at the first possible
opportunity. (City Council Meeting – March 10,
2020: Item #20, see Appendix A for details).
Recommended Actions
A corridor plan is needed to analyze the varying
conditions along the entire corridor. It will need to
integrate a design for a shared transitway from Dwight
Way to Bancroft Way.
1. Seek and acquire funding to implement the
shared street with transit lane concept approved
by City Council for Telegraph between Dwight
and Bancroft.
2. Analyze any changes in transit reliability and
speeds after implementation of the AC Transit
Telegraph Rapid Corridor project.
3. Complete the Telegraph Avenue Multimodal
Corridor Project by the end of 2024.
45 CITY OF BERKELEY04| TRANSIT CORRIDOR STUDY PRIORITIZATION Figure 4.8. AC Transit Transbay Line F runs from Downtown Berkeley to San Francisco via Adeline Street and Emeryville. (Sour
ce: AC Transit)
46 TRANSIT-FIRST POLICY IMPLEMENTATION PLAN
DECEMBER 2022| REVISED DRAFT
by optimizing the traffic signal timing at the Adeline/ Ashby and Adeline/MLK intersections. The inclusion of
a queue jump lane for buses southbound approaching
the Adeline/Ashby intersection would further reduce
any transit delay. The results of the public engagement were that the option without a transit lane received
much greater public support. Staff therefore has
recommended that City Council adopt the option
without a dedicated transit lane, but with the above
described queue jump lane.
In late 2022, the City of Berkeley will start on a new
project for “South Adeline” — from MLK Jr Way to the
Oakland border. This Adeline Street Transportation
Improvements project will develop preliminary
engineering plans for multimodal improvements,
including protected bikeways, potential bus-only lanes
and other transit improvements, and pedestrian safety
improvements. This project implements the Adeline
Corridor Specific Plan by moving the plan’s design
concepts into the preliminary engineering phase.
Recommended Actions
The Adeline corridor is a relatively low priority for BRT or transit-only lanes for AC Transit based on ridership levels. However, the Transbay Line F connects Berkeley
with Emeryville, which BART does not serve, and San
Francisco.
Despite lower ridership in comparison to other major
corridors in Berkeley, Adeline Street may be more
feasible to implement a transit-only lane sooner than
on some other major corridors for a few reasons.
Large right-of-way widths allow greater flexibility in
reconfiguring lanes. Additionally, Adeline Street is not a State Route and does not require close coordination
with or approval from the State Department of
Transportation. Feedback gathered during the
development of the Adeline Corridor Specific Plan
shows that area residents are eager for implementation
of transportation improvements.
Future changes in ridership may demand a full upgrade
to BRT, but current conditions show that implementing
transit-only lanes on Adeline Street is feasible and can improve transit operations.
1. Complete Adeline corridor transportation
design concept by the end of 2025.
Adjacent to Ashby BART station: by 2023
South of Ashby BART station: by 2024
North of Ashby Avenue: by 2025
Figure 4.9. Transportation Concept, Adeline Corridor
Specific Plan.
47 CITY OF BERKELEY04| TRANSIT CORRIDOR STUDY PRIORITIZATION Shattuck Avenue
The Shattuck Avenue corridor spans from Shattuck
Place in the north to Adeline Street in the south,
encompassing the north Shattuck, Downtown, and
south Shattuck areas.
Plans and Projects
AC Transit’s Major Corridors Study recommends Rapid
Bus investments to the Shattuck Avenue / Martin Luther
King Jr. Way corridor, given the corridor’s physical
dimensions and projected ridership. Dedicated transit
lanes on certain segments, to be determined, could
further increase travel speed and ridership.
AC Transit’s Service Expansion Plan (SEP) – AC Go
implemented immediate-term improvements to the
Shattuck Avenue / Martin Luther King Jr. Way corridor
in Spring 2017. Originally a single route, Line 18 was
split into three different routes to improve reliability, as it was one of the longest routes in AC Transit’s District.
Portions of the route were moved from Shattuck
Avenue to Martin Luther King Jr. Way, and segments
from Downtown Oakland to Montclair shifted to
another route.
•
A Transit Priority Zone is an area concentrated
with intensive transit improvements. It includes
design elements to minimize delay, such
as single or double transit lanes, off-board
payment area, boarding islands, parking and
turn restrictions, pedestrian enhancements,
as well as bus stop optimization, sidewalk
extensions, TSP , and other elements.
•
The City of Berkeley Adeline Corridor Specific
Plan includes the southern portion of Shattuck
Avenue, between Dwight W
ay and Adeline
Street, in its project area.
The City of Berkeley Shattuck Reconfiguration and
Pedestrian Safety Project completed construction
in 2021. The project reconfigured three blocks of
Shattuck Avenue from Allston Way to the University
Avenue intersection, see Figure 4.11. It converted the
west (southbound) leg of Shattuck Avenue into a four-
lane, two-way street, eliminating the current circuitous movement for northbound traffic at the Shattuck/
University intersection. The project included bus stop
consolidation on northbound Shattuck Avenue, and
other pedestrian safety improvements. The earlier
improvements to bus stops on the south side of
Shattuck Avenue at the downtown plaza complement
Figure 4.10. AC Transit Line 18 runs from University
Village in Albany to Lake Merritt BART station in Oakland via Berkeley, including on the entire length of Shattuck Avenue within Berkeley. (Source: AC T
ransit)
48 TRANSIT-FIRST POLICY IMPLEMENTATION PLAN
DECEMBER 2022| REVISED DRAFT
the Shattuck Reconfiguration improvements, see
Figure 4.12.
The City of Berkeley South Shattuck Strategic
Plan (1998) identified its goal in transportation to
make improvements “which complement economic
development and urban design goals, encourage the
use of alternatives to the automobile, and preserve the quality of life in residential neighborhoods.”
Transportation Policy #4
Support alternatives to the automobile (transit,
shuttles, bicycling, and walking) by developing
and implementing policies which encourage non-
automobile travel, including a plan for targeted street improvements.
Recommended Actions
AC Transit identified Shattuck Avenue / Martin Luther
King Jr. Way as a major corridor, as it was originally
a single line. With implementation of short-term
improvements through AC Go, Line 18 now runs
largely on Shattuck Avenue in Berkeley and largely
on Martin Luther King Jr. Way in Oakland. As such,
the focus for the City of Berkeley is on Shattuck
Avenue.
1. Incorporate Transit Priority Zone elements to the
Downtown portion of Shattuck Avenue.
2. Incorporate transportation recommendations for
south Shattuck Avenue between Dwight Way
and Adeline Street from the Adeline Corridor
Specific Plan.
3. Complete Shattuck Avenue transit corridor plan
by the end of 2027.
Figure 4.12. Bus stop improvements at downtown plaza.
(Source: AC Transit)
Figure 4.11. The Shattuck Reconfiguration and Pedestrian Safety Project.
49 CITY OF BERKELEY04| TRANSIT CORRIDOR STUDY PRIORITIZATION University Avenue
The University Avenue corridor spans from Oxford
Street in the east at the UC Berkeley campus to Marina
Boulevard in the west at the Berkeley Marina.
Plans and Projects
The City of Berkeley University Avenue Strategic Plan
(1996) identified the opportunity for University Avenue to be a multimodal corridor, see Figure 4.14.
Policy 18
Improve transit service within the University Avenue
study area and tie to existing and future regional transit facilities.
The plan demonstrated community support for
frequent transit for the corridor, such as light-rail
or a special electric shuttle linking West Berkeley
and Downtown. The plan identified the importance
of making regional transit connections. The City’s
Redevelopment Agency considered creating a
multimodal transit hub at the foot of University Avenue (on the site of Spencer’s parking lot).
AC Transit’s Major Corridors Study identified
University Avenue as part of the Broadway/College
Avenue/University Avenue Corridor. The study
recommended implementing Rapid Bus improvements
to serve the high ridership on this corridor. It also
recommended that the University Avenue segment
be linked with the Telegraph Avenue corridor. Linking
University Avenue with the Telegraph Avenue corridor
by way of Shattuck Avenue would combine the two
corridors into a BRT line.
Recommended Actions
1. Complete University Avenue transit corridor
plan by end of 2029.
Figure 4.13. AC Transit Line 51B runs on University Avenue, connecting to Rockridge BART via Shattuck Avenue, Durant Avenue and Bancroft Way, and College Avenue. (Source: AC Transit)
50 TRANSIT-FIRST POLICY IMPLEMENTATION PLAN
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Figure 4.14. Transportation Diagram, University Avenue Strategic Plan (1996).
Appendix
05
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53 CITY OF BERKELEY05| APPENDIX
54 TRANSIT-FIRST POLICY IMPLEMENTATION PLAN
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55 CITY OF BERKELEY05| APPENDIX
56 TRANSIT-FIRST POLICY IMPLEMENTATION PLAN
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57 CITY OF BERKELEY05| APPENDIX
Kate Harrison
Councilmember, District 4
CONSENT CALENDAR
March 21, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Harrison (Author), Mayor Arreguín (Co-sponsor), Councilmember Taplin (Co-sponsor) and Councilmember Bartlett (Co- sponsor)
Subject: Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code to Establish a Labor Peace Policy Minimizing Labor/Management Conflict in Berkeley Marina Zone
RECOMMENDATION:
Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code (BMC) to Establish a Labor Peace Policy minimizing labor/management conflict in Berkeley Marina Zone.
CURRENT SITUATION AND RATIONALE FOR RECOMMENDATION
The City of Berkeley owns a number of recreational, hospitality and food services properties in the Berkeley Marina and Waterfront. In maintaining these properties, the City has multiple interests, including providing superior facilities for residents and visitors, generating steady income from rents and fees supporting operations, supporting a harmonious labor and business environment, and supporting the Marina Fund.
The City is in the process of finalizing an exclusive negotiation agreement for former HS Lordships Restaurant property located at 199 Seawall Dr, Berkeley, CA 94710. It is in the public interest to avoid high profile and disruptive labor disputes that may arise between tenants, businesses, workers, and labor groups associated with this property and other properties in the Marina Zone.
In recent years, throughout the state of California and elsewhere in the United States, there has been an increase in labor disputes in the hospitality industry. In 2018 workers at HS Lordships restaurant walked out in the middle of brunch in protest of the severance offered by HS Lordships owners. Last year, workers at the DoubleTree Hotel joined nationwide protests to draw attention to the fact that they have been working without a contract since 2018 and their desire for better pay and healthcare benefits.
Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code to Establish a Labor Peace Policy Minimizing Labor/Management Conflict in Berkeley Marina Zone
CONSENT CALENDAR
March 21, 2023
2 Through adopting a Labor Peace Agreement requirement for businesses operating in the Marina, Berkeley can protect its proprietary interest by preventing service and revenue disruptions while simultaneously facilitating a policy that has contributed to mutually beneficial relations between management and labor in other jurisdictions.
BACKGROUND
Berkeley is a world-class tourist destination, welcoming more than a million visitors annually. The Marina, often recognized as the crown jewel of Berkeley, offers multiple parks, recreation facilities, and restaurants and hotel accommodations. The City Berkeley holds in trust pursuant to the Public Trust Tidelands grant from the State of California property along and near the City’s waterfront known as the Berkeley Marina Zone, a major tourist hub and destination. The City leases its real property along and near the Marina Zone facilities to Hospitality Operation companies, and in so doing faces the same risks and liabilities as private businesses participating in management of similar facilities. As a result, the City has an ongoing proprietary interest in the management and use of that Marina real property and harbor facilities and must make prudent business decisions, as would any private business, to ensure efficient and cost- effective management of its business concerns, and to maximize public benefit and minimize risk.
The City’s Marina Fund operates as an enterprise fund and therefore funds its activities outside of the general fund through fees, grants, and rents. The City has a strong interest in ensuring that operations and amenities continue to run smoothly to the benefit of residents and visitors alike.
This ordinance is intended to maximize the returns and minimize the risk to the City’s proprietary interest resulting from possible conflict between employers leasing, and operating hospitality operations on City property, and labor organizations, arising out of union organizing campaigns, labor negotiations, and disruption that may be caused by such conflict. Experience of public entities and private employers demonstrates that union organizing drives and union efforts to secure representation rights and an initial collective bargaining agreement can deteriorate into protracted and acrimonious conflict. Such conflict threatens the City’s proprietary interest when private employers enter into leases to use City property, and labor conflict could jeopardize base rent payments or rent payments calculated on a percentage of sales. That threat is most acute during the period when a labor organization (1) seeks to gain recognition as the collective bargaining representative for employees and (2) if recognized, seeks a first contract with the employer.
The sole purpose of this ordinance is to protect the City’s proprietary interest in the hospitality operation leases. This ordinance does not favor any particular procedure for determining employee preference, or lack of preference, regarding labor organization representation, or the outcome of any such procedure; skew such procedures to favor or hinder any party; interfere with the negotiation, terms, or scope of a first contract, if applicable; or express or implement any generally applicable policy regarding private sector labor/management relations, or regulate those relations in any way.
Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code to Establish a Labor Peace Policy Minimizing Labor/Management Conflict in Berkeley Marina Zone
CONSENT CALENDAR
March 21, 2023
3 Other jurisdictions, including the Oakland Airport, BART, Port of San Francisco, the San Francisco International Airport (SFO), and Asilomar State Beach have all implemented Labor Peace Agreement policies at their respective properties requiring businesses to execute a Labor Peace Agreements to prevent disruptive management and labor disputes.1
As illustrated by SFO Airport Commission regulations, labor peace agreements may include “card check” provisions whereby the employer agrees to a neutral procedure for determining whether employees wish to be represented by a labor organization for collective bargaining.2 Under card check, a neutral third party verifies employee union cards in lieu of holding a formal election. In addition, agreements may include provisions 1 Labor Peace Agreement Policy - Port of Oakland; Labor Peace Agreement Policy for Transit Oriented Development Hotel Operations – BART; Labor Peace Policy - Port of San Francisco; Labor Peace/Card Check Rule – SFO.
2 Appendix C, Labor Peace/Card Check Rule, SFO Airport Commission, https://www.flysfo.com/sites/default/files/media/sfo/about-sfo/2014%20R&R%20Appx%20C%20- %20Labor%20Peace-Card%20Check%20Program.pdf.
Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code to Establish a Labor Peace Policy Minimizing Labor/Management Conflict in Berkeley Marina Zone
CONSENT CALENDAR
March 21, 2023
4 requiring the Employer to be neutral during the organizing campaign and/or to provide access to worksites by employers.3
The proposed ordinance specifies that the City will not execute hospitality operations leases or make substantial amendments providing for the use, development, or operation of a hospitality operation within the Marina Zone in which the City has a proprietary interest, unless and until the project applicant, developer, or owner, and any operator or manager of the hospitality operation has provided evidence that it has entered into a Labor Peace Agreement. This requirement also applies to any future subcontractor, tenant, sub-lessee, or manager that operates the Hospitality Operation.
The ordinance ensures that these requirements are express components of any request for proposal, request for qualifications, or other similar solicitation for a hospitality operation projects in the Marina Zone.
FISCAL IMPACTS OF RECOMMENDATION
City Attorney staff time will be necessary to implement the respective requirements in leases, requests for proposals, and other documents.
ENVIRONMENTAL SUSTAINABILITY
Not applicable.
CONTACT PERSON
Councilmember Kate Harrison, (510) 981-7140
Attachments:
1. Draft Ordinance Adding BMC 2.102
3 Labor Peace Agreements - U.S. Chamber.
https://www.uschamber.com/assets/archived/images/documents/files/labor_peace_agreements_2013 _09_12.pdf.
1 ORDINANCE NO. –N.S.
ADDING CHAPTER 2.102 TO THE BERKELEY MUNICIPAL CODE
TO ESTABLISH A LABOR PEACE POLICY MINIMIZING LABOR/MANAGEMENT
CONFLICT IN BERKELEY MARINA ZONE
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Chapter 2.102 of the Berkeley Municipal Code is added to read as follows:
Chapter 2.102
LABOR PEACE POLICY - MINIMIZING LABOR-MANAGEMENT CONFLICT IN
BERKELEY MARINA ZONE
Sections:
2.102.010 Findings and Purpose.
2.102.020 Definitions.
2.102.030 City of Berkeley—Labor Peace Policy
2.102.040 Procedures to Minimize Disruption Caused by Labor/Management Conflict.
2.102.050 Applicability and Exemptions.
2.102.060 Prospective Effect.
2.102.070 Preemption.
2.102.080 Severability.
2 2.102.010 Findings and Purpose.
The Council of the City of Berkeley finds and declares as follows:
A. Berkeley is a world-class tourist destination, welcoming more than a million visitors annually. The City of Berkeley holds in trust pursuant to the Public Trust Tidelands grant from the State of California property along and near the City’s waterfront known as the Berkeley Marina Zone, a major tourist hub and destination. The City leases its real property along and near the Marina Zone facilities to Hospitality Operation companies, and in so doing faces the same risks and liabilities as private businesses participating in management of similar facilities. As a result, the City has an ongoing Proprietary Interest in the management and use of that Marina real property and harbor facilities and must make prudent business decisions, as would any private business, to ensure efficient and cost-effective management of its business concerns, and to maximize benefit and minimize risk.
B. This Chapter is intended to maximize the returns and minimize the risk to the City’s Proprietary Interest resulting from possible conflict between Employers leasing, and operating Hospitality Operations on City property, and Labor Organizations, arising out of union organizing campaigns, labor negotiations, and disruption that may be caused by such conflict. Experience of public entities and private employers demonstrates that union organizing drives and union efforts to secure representation rights and an initial collective bargaining agreement can deteriorate into protracted and acrimonious conflict. Such conflict threatens the City’s Proprietary Interest when private employers enter into leases to use City property, and labor conflict could jeopardize base rent payments or rent payments calculated on a percentage of sales. That threat is most acute during the period when a Labor Organization (1) seeks to gain recognition as the collective bargaining representative for Employees and (2) if recognized, seeks a First Contract with the Employer.
C. The sole purpose of this Chapter is to protect the City’s Proprietary Interest in the Hospitality Operation Leases. This Chapter does not favor any particular procedure for determining employee preference, or lack of preference, regarding Labor Organization representation, or the outcome of any such procedure; skew such procedures to favor or hinder any party; interfere with the negotiation, terms, or scope of a First Contract, if applicable; or express or implement any generally applicable policy regarding private sector labor/management relations, or regulate those relations in any way.
2.102.020 Definitions.
“Demand for Recognition Period” means the period during which the Labor Organization seeks recognition as the collective bargaining representative of the Employees. “Economic Action” means concerted action initiated or conducted by a Labor Organization, or Employees acting in concert with a Labor Organization, at the Employees’ worksite, to bring economic pressure to bear on an Employer, as part of a campaign to organize Employees or prospective Employees of that Employer, or in attempting to secure a First Contract, if applicable. “Economic Action” includes such activities as striking, picketing, or boycotting. “Economic Action” does not include a lawsuit to enforce this Chapter.
“Employee” means anyone performing work for an Employer for compensation relating to Hospitality Operations on a full-time, part-time, seasonal, or temporary basis,
3 including those made available to work for the Employer through a temporary service, staffing agency, or similar agency.
“Employer” means any person or entity, including a subcontractor, with Employees engaged in Hospitality Operations.
“Hospitality Operations Lease” means a lease, sublease, license, sublicense, or other means of granting the right to a Hospitality Operation to use Marina Zone property, in which the City receives rent, a flat fee, or a charge. An “Hospitality Operations Lease” must be for a term of at least 12 months.
“Hospitality Operation” shall mean any hotel or motel operation, conference center, restaurant, bar, or other food and beverage service operation meeting the criteria specified in Section 2.102.050.
“Hospitality Operations” means any work done by Employees at or relating to a Hospitality Operation under a Hospitality Operation Lease. “First Contract” means the first enforceable contract entered into between an Employer and a Labor Organization setting one or more terms or conditions of employment. “First Contract Period” means, if a Labor Organization is recognized as the collective bargaining representative of Employees, the period between such recognition and execution of a First Contract.
“Labor Organization” means any organization of any kind, or any agency or employee representation committee, in which Employees participate and which exists for the purpose, in whole or part, of dealing with Employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of employment.
“Labor Peace Agreement” shall mean a binding and enforceable agreement with any Employer and a Labor Organization that represents or seeks to represent Hospitality Operations workers, as described more fully in Section 2.102.040. “Marina Zone” shall mean all land held in trust by the City of Berkeley pursuant to the Public Trust Tidelands grant from the State of California to the City of Berkeley, Stats. 1962, Ch. 55; specifically, Aquatic Park and all land, including submerged land, which is west of Marina Boulevard as it is presently constructed and as if it were extended, in both northerly and southerly directions, to the Berkeley city limits and all land north of Spinnaker Way as it is presently constructed and as if it were extended to the shoreline, to the east, and to the Berkeley city limits, to the west. “Proprietary Interest” means any nonregulatory arrangement or circumstance in which the City has a financial or other nonregulatory interest including any of the following:
(1) through a lease of real property that is owned by the City and used for the Hospitality Operation, the City receives ongoing revenue, excluding government fees, tax revenue, or assessment revenue, or similar fees and revenues, except for tax revenue under the circumstances specified in paragraphs (2) and (3) of this subsection; (2) the City receives ongoing revenue from the Hospitality Operation to repay loans provided by the City to assist in the development or operation of the project; (3) the City receives ongoing revenue from the Hospitality Operation to pay debt service on bonds provided by the City to assist in the development of the project; (4) the City has assets at risk because it has agreed to underwrite or guarantee the development of the hospitality operation or loans related to the hospitality operation; or (5) the City has an ongoing economic and non-regulatory interest at risk in the financial success of a Hospitality Operation which is likely to be adversely affected by labor- management conflict, except that no interest shall be considered economic and non-
4 regulatory if it arises from the exercise of regulatory or police powers such as taxation (except as set forth in paragraphs (2) and (3) of this subsection), zoning, or the issuance of permits or licenses.
“Parties” means an Employer and Labor Organization that has requested to be, or has been, recognized as the collective bargaining representative of Employees. “Pre-existing Lease” means any Hospitality Operation Lease entered into before the effective date of this Chapter.
“Subcontract” means any agreement between the authorized tenant, licensee, or other user under a Hospitality Operation Lease and another person or entity that contemplates or permits that other person or entity to operate or manage all or a portion of the Hospitality Operations.
“Subcontractor” means the person or entity that operates or manages all or a portion of Hospitality Operations under a Subcontract.
“Substantial Amendment” means an amendment to, or the City’s discretionary renewal or extension of:
(1) A lease of Marina Zone property entered into before the effective date of this Chapter that did not include Hospitality Operations but is expanded to include Hospitality Operations; or
(2) A Pre-existing Lease that provides for, or permits, any of the following:
(i) A new term that extends the duration of the lease beyond that provided in the Pre-existing Lease;
(ii) The right to construct improvements to support or serve Hospitality Operations, if not previously allowed under the Pre-existing Lease;
(iii) Rent credits or potential rent credits to a Marina Zone Hospitality Operation tenant that may be applied against 25% or more of the fixed rent under the Pre-existing Lease during the period in which the rent credits may be used; or (iv) Rent credits or potential rent credits to a Marina Zone Hospitality Operation tenant that may be applied against 50% or more of the remaining percentage or participation rent (not including any portion of the rent), if any, under the Pre-existing Lease during the period in which the rent credits may be used.
2.102.030 City of Berkeley—Labor Peace Policy
A. The City shall not execute Hospitality Operations Lease or Substantial Amendment providing for the use, development, or operation of a Hospitality Operation within the Marina Zone in which the City has a proprietary interest, unless and until the project applicant, developer, or owner, and any operator or manager of the Hospitality Operation has provided evidence that it has entered into a Labor Peace Agreement covering the Hospitality Operations as specified pursuant to Section 2.102.040.
B. Each such Hospitality Operations Lease or other contract or agreement shall further require that any future Subcontractor, tenant, sub-lessee, or manager that operates the Hospitality Operation shall be required to enter into a Labor Peace Agreement as specified under Section 2.102.040.
C. The City shall make these requirements express components of any request for proposal, request for qualifications, or other similar solicitation for a Hospitality Operation projects.
2.102.040 Procedures to Minimize Disruption Caused by Labor/Management Conflict.
5 A. An Employer who receives a written request by a Labor Organization to enter into a Labor Peace Agreement shall:
(1) Inform the City Manager, within five business days of receiving the request, that a Labor Organization seeking to represent its Employees has requested the Employer to enter into a Labor Peace Agreement required by this Chapter; (2) Enter into a Labor Peace Agreement, with the Labor Organization as to the Employees it seeks to represent, containing the following provisions:
(i) The Labor Organization, on behalf of itself and its members, in exchange for good and valuable consideration agrees not to engage in Economic Action against the Employer during the Demand for Recognition Period, and should the Labor Organization be recognized, the First Contract Period;
(3) Upon the City Manager’s request, promptly provide to the City Manager a report attesting to the status of the Employer’s compliance with the requirements of this Section 2.102.040, including a statement by any Labor Organization that has requested that the Employer enter into a Labor Peace Agreement certifying the accuracy of the Employer’s report; and
(4) Include as a material term in any Subcontract a provision requiring the Subcontractor(s) to comply with this Chapter. This provision shall be a material and mandatory term of such Subcontract, and shall state: “Berkeley Municipal Code Chapter 2, commencing at Section 2.102.040, which applies to [Subcontractor], incorporated herein by reference. To the extent [Subcontractor] employs Employees in Hospitality Operations within the scope of Berkeley Municipal Code 2.102.040, [Subcontractor] hereby agrees as a material condition of this subcontract to enter into and abide by a Labor Peace Agreement with a Labor Organization or Organizations that represents, or seeks to represent, [Subcontractor’s] Employees, if and as required by Chapter 2, and to otherwise fully comply with the requirements of that Chapter.” B. In the event that an Employer is unable to agree to terms of a Labor Peace Agreement with a Labor Organization within thirty (30) days of a written request by a labor Organization for a Labor Peace Agreement, the Employer may file a request with the Berkeley City Council to be excused from such obligations with respect to that Labor Organization. A public hearing shall be held by the City Council on the Employer’s request for hearing. Notice of the public hearing shall be sent at least ten days before the public hearing date to the requesting Employer and the subject Labor Organization.
The hearing shall be conducted in the same manner as public hearings for land use, zoning, landmarks, and public nuisance matters. The Council may approve a request by the Employer to be relieved of and excused from its obligations under this Section
2.102.040(A) with respect to the subject Labor Organization if the Council finds, after holding the noticed hearing, that forcing the Employer to adhere to the requirements of this Section 2.102.040(A) would be detrimental to the City’s Proprietary Interests because: a. the Employer has attempted in good faith to reach a Labor Peace Agreement with the subject Labor Organization, and b. the Labor Organization has (i) refused to negotiate in good faith to reach a Labor Peace Agreement or (ii) placed condition(s) on Labor Peace Agreement that are arbitrary and capricious, in light of practices at other, similar venues that are subject to governmental labor peace requirements.
C. The City Manager shall include in every Hospitality Operation Lease a provision requiring the tenant, and any Employers operating under the Hospitality Operation Lease, to comply with the requirements of this Chapter and all other applicable laws.
6 2.102.050 Applicability and Exemptions.
A. This Chapter shall not apply to any Employer that does not employ employees in a Hospitality Operation. The City Manager shall determine the applicability of an exemption under this subsection A. on a case-by-case basis. Any Employer claiming an exemption must submit a written request, including the evidentiary basis for the exemption, to the City Manager within five business days of receiving a request to enter into a Labor Peace Agreement. The Employer shall have the burden of proving that an exemption is applicable.
B. This Chapter shall not apply to an Employer if:
(1) The City has no Proprietary Interest in the Hospitality Operation Lease under which the Employer operates a Hospitality Operation, or a Hospitality Operation Lease in which the City’s cumulative investment, or the present value of its expected revenues, is less than $100,000;
(2) The Employer operates under a Pre-existing Lease. This exemption applies to an Employer for the duration of such Pre-existing Lease unless the Pre-Existing Lease is subject to a Substantial Amendment after the effective date of this Ordinance; (3) The Employer is a signatory to valid and binding collective bargaining agreement(s) covering all of its Employees at the Marina Zone property; (4) The Employer is a governmental agency, and the law would prohibit application of this Chapter;
C. Nothing in this Ordinance shall require or compel an employee to be a member of any labor organization, nor shall it require the developer, operator or any tenant, subcontractor, or sub-tenant of a Hospitality Operation to recognize a labor organization as the bargaining representative for its employees or to enter into a collective bargaining agreement with any labor organization.
2.102.060 Prospective Effect.
This Chapter is intended to have prospective effect only. This Chapter shall be interpreted to avoid violating any laws that prevent the City from impairing obligations under any Pre-existing Lease.
2.102.070 Preemption.
Nothing in this Chapter shall be interpreted or applied so as to create any right, power, or duty in conflict with any Federal or State law.
2.102.080 Severability.
If any word, phrase, sentence, part, section, subsection, or other portion of this Chapter, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City Council hereby declares that it would have passed this title, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional.
7 Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
INFORMATION CALENDAR
March 21, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Sharon Friedrichsen, Budget Manager
Henry Oyekanmi, Finance Director
Subject: Fiscal Year 2023 Mid-Year Budget Update
INTRODUCTION
This report presents the Fiscal Year 2023 (“FY 2023”) Mid-Year Budget Update including actual General Fund and Special Fund expenditures incurred from July 1, 2022 to December 31, 2022.
It also provides an estimate of anticipated General Fund revenues and expenditures as of June 30, 2023 and projected expenditures for All Funds by department for FY 2023.
CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley is currently in FY 2023 (July 1, 2022 to June 30, 2023). On June 28, 2022, the City Council adopted the FY 2023 budget, which included the use of FY 2022 excess property transfer tax to balance the General Fund. This strategy helped (1) address operational shortfalls, (2) allocate $1.50 million to reserves and (3) augment the biennial capital budget.
As depicted in Table 1, FY 2023 Mid-Year General Budget at a Glance, as of December 31, 2022, General Fund revenues are expected to meet initial estimates, while General Fund expenses are at 42.23% halfway through the fiscal year compared to the expected 50%. It is projected to be under budget by approximately $22.47 million.
Table 1: FY 2023 Mid-Year General Budget at a Glance
$’s in Millions FY 2023
Adopted
Budget
FY 2023
Adjusted
Budget
FY 2023
Mid-Year
Actuals
Percentage of
Revenue Received/
Expensed and
Encumbered
Revenues $258.65 $258.65 $127.53 49.31%
Expenditures ($280.67) ($298.82) ($126.27) 42.23%
Carryover and Excess Equity $27.38 $40.17
Balance $5.36 $0.0
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
FY 2023 Mid-Year Summary
General Fund Revenues
The mid-year review focuses primarily on the major revenue fluctuations and changes that have occurred that might result in significant changes in future projections. Typically, staff waits until the mid-year report to identify General Fund revenue projections that should be revised. At the halfway point of FY 2023, there are several revenue sources that warrant an increase in the FY 2023 projections: Secured Property Taxes, Sales Taxes, Utility Users Tax, Transient Occupancy Taxes (TOT), Vehicle in Lieu Taxes, Ambulance Fees, Interest Income and Other Revenue.
During the first half of FY 2023, General Fund revenue and transfers decreased slightly by $707,034 or .55%, from $128,238,986 in the first half of FY 2022, to $127,531,952 in the first half of FY 2023, due primarily to a decline of $5,124,961 in Property Transfer Taxes and a decline of $7,220,037 in Transfers. These declines were cushioned by the continued strong performances in property-related revenues and a turnaround in business-related revenues like Sales Taxes, TOT and Interest Income.
Table 2, General Fund Revenue and Transfer In FY 2023 Mid-Year vs FY 2022 Mid-Year Comparison, on the next page, shows FY 2023 General Fund Revenues through the first six months of the current fiscal year and compares the year-to-date revenues received to the first six months of FY 2023. A detailed analysis of the comparison between the fiscal years for the major revenue sources follows.
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
Table 2, General Fund Revenue and Transfer In FY 2023 Mid-Year vs FY 2022 Mid-Year Comparison
Notes: (1) This statement is presented on a budgetary basis (i.e., cash). (2) Current vendor no longer breaks out Regular and Booting Parking Fines Collections Secured Property Tax (+$3,979,857 more than FY 2022 Actual) During the first half of FY 2023, Secured Property Tax revenues totaled $40,237,811, which was $3,979,857 or 11.0% more than the $36,257,954 received for the same period in FY 2022. This result was consistent with the County’s Certification of Assessed Valuation (received from the County in August 2022), which reflects growth of 10.8%. However, the FY 2023 Adopted Budget assumes a 9.00% increase for FY 2023 (based on the last preliminary estimate of FY 2023 growth received from the County prior to July 1, 2022). As a result, staff will be increasing the FY 2023 Secured Property Tax projection from $75,664,920 to $79,091,256.
Unsecured Property Tax (+$103,385 more than FY 2022 Actual) During the first half of FY 2023, Unsecured Property Tax revenues totaled $3,151,771, which was $103,385 or 3.39% more than the amount of $3,048,386 received in the same period in FY 2022. This amount is lower than the County’s Certification of Assessed Valuation growth reflected of 16.9% for FY 2023.
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
Property Transfer Tax (-$5,124,961 less than FY 2022 Actual) During the first half of FY 2023, Property Transfer Tax totaled $16,676,308 which was $5,124,961 or 23.5% less than the $21,801,269 received for the first half of FY 2022. However, $2,117,407 of that decrease resulted from the late payment (in FY 2022) by the County of the May 2021 Property Transfer Taxes, which should have been received in FY 2021.
The primary reason for the remaining $3,007,554 decrease in Property Transfer Tax was that the dollar value of property sales decreased by 9.7%, from $1.312 billion in the first half of FY 2022 to $1.185 billion during the first half of FY 2023, as illustrated in Table 3 below.
Table 3: FY 2023 and FY 2022 Six Month Comparison of Property Sales Property
Sales
(In Million $)
July Aug Sept Oct Nov Dec Total
Property
Sales $
FY 2022 $172.1 $197.5 $309.1 $192.9 $243.5 $197.1 $1,312.2 FY 2023 188.9 320.0 134.6 143.9 254.9 142.4 1,184.7
Change 16.8 122.5 -174.5 -49.0 11.4 -54.7 -127.5
Percent
Change
9.7% 62.0% 56.5% -25.4% 4.7% -27.8% -9.7%
The total Property Transfer Taxes declined in the first half of FY 2023 despite having nine property sales of $10 million or more, with total sales of $400,979,500 compared to 12 property sales of $10 million or more, with total sales of $239,338,500 in the FY 2022 first half; and, (2) The number of property sales transactions decreased by 82 or 13.4% during the first half of FY 2023, as illustrated in the Table 4 below.
Table 4: FY 2023 and FY 2022 Six Month Comparison of Property Transfer Transactions Staff will closely monitor this volatile revenue, especially in light of the fact that the Federal Reserve Board intends to slow down the US economy by raising interest rates and selling Agency and Mortgage-backed securities from its Balance Sheet, in order to reduce inflation.
Property
Transfer
Transactions
July Aug Sept Oct Nov Dec Total
FY 2022 114 91 72 103 119 115 614
FY 2023 113 101 108 79 74 57 532
Change -1 10 36 -24 -45 -58 -82
Percent
Change
-.88% 11.0% 50.0% -23.3% -37.8% -50.4% -13.4%
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
Measure P-Property Transfer Tax (-$263,123 less than FY 2022 Actual) Measure P taxes (a tax which took effect on December 21, 2018) totaling $8,363,823 was collected during the first half of FY 2023, which was $263,123 or 3.1% less than the $8,626,946 collected during the first half of FY 2022; This increase resulted primarily as a result of the following: (1) A decrease of 3.0% in the dollar value of property sales amount in FY 2023 versus those for the same period in FY 2022 as reflected in Table 5; (2) The number of property sales transactions decreased by 62 or 22.4% during the first half of FY 2023, as illustrated in the Table 6 below; and (3) The decline was cushioned in the first half of FY 2023 by larger sales values on property sales of $10 million or more ($400,979,500 versus $239,338,500 in the first half of FY 2022).
Table 5: FY 2023 and FY 2022 Six Month Comparison-Property Sales of $1.5 Million+ Table 6: FY 2023 and FY 2022 Six Month Comparison of Measure P Transactions Sales Tax (+$154,281 more than FY 2022 Actual)
For the first half of FY 2023, Sales Tax revenue totaled $9,687,895, which was $154,281 or
1.62% more than the $9,533,614 received for the first half of FY 2022. The increase was slightly above the .50% increase reflected in the Adopted Budget. However, the City’s sales tax consultant projects increase in the following categories over the FY 2022 actuals: General Retail (+$237,193); Transportation (+$236,709); Business-to-business (+$149,551); and County Pool (+$227,039). As a result, staff is increasing the FY 2023 projection from $19,016,546 to $19,634,807.
Property
Sales
$1.5 million+
July Aug Sept Oct Nov Dec Total
FY 2022 $117.7 $126.8 $147.9 $145.5 $190.1 $134.1 $862.1 FY 2023 114.4 271.1 84.1 63.3 203.7 99.8 836.4
Change -3.3 144.3 -63.8 82.2 -13.6 -34.3 -25.7
Percent
Change
-2.8% 113.8% -43.1% -56.5% -7.2% -25.6% -3.0%
Measure P
Transactions
July Aug Sept Oct Nov Dec Total
FY 2022 50 45 26 47 58 51 277
FY 2023 52 41 48 31 24 19 215
Change 2 -4 22 -16 -34 -32 -62
Percent
Change
.4.0% -8.9% 84.6% -34.0% -58.6% -62.7% -22.4%
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
Utility Users Taxes (+$1,104,187 more than FY 2022 Actual) Utility Users Tax revenue for the first half of FY 2023 totaled $7,638,612, which was $1,104,187 or 16.9% more than the $6,534,425 received for the same period in FY 2022. This increase of $1,104,187 is shown in Table 7 below. As a result, staff is raising the FY 2023 projection from $13,800,000 to $15,000,000.
Table 7: FY 2023 and FY 2022 Six Month Comparison of UUT Revenues Utility FY2022 FY 2021 $ Change % Change
Telephone $545,243 $584,359 $-39,116 $-6.69%
Cable 503,785 515,651 - 11,866 -2.30%
Cellular 898,459 848,280 50,179 5.92%
Electric 4,346,334 3,551,297 795,037 22.39%
Gas 1,344,791 1,034,838 309,953 31.99%
Total $7,638,612 $6,534,425 $1,104,187 16.90%
Transient Occupancy Tax (+$1,472,206 more than FY 2022 Actual) Transient Occupancy Tax (TOT) revenue for the first half of FY 2023 totaled $3,943,517 (after including TOT rebates owed), which was $1,472,206 or 59.6% more than the $2,471,311 received for the first half of FY 2022. The FY 2023 increase was primarily attributable to a gross increase of 104.9% at the six largest hotels in Berkeley during the first half of the fiscal year.
However, the gross increase was offset by a total of $997,992 in TOT rebates: $155,774 in FY 2022 TOT rebates paid during the first half of FY 2023 and $273,900 of FY 2022 TOT rebates still due; and $568,318 in FY 2023 TOT rebates due, but unpaid, as of December 31, 2022.
After accounting for the TOT rebates, the net increase for the first half of FY 2023 was 52.9%.
As a result, staff will be increasing the TOT revenue projection from $5,000,000 to $7,500,000.
Short-Term Rentals (+$126,092 more than FY 2022 Actual) Short-Term Rentals revenue for the first half of FY 2023 totaled $712,661, which was $126,092 or 21.5% more than the $586,569 received for the first quarter of FY 2022. As a result, staff are increasing the projection by $400,000 to $1.4 million.
Business License Taxes (-$383,617 more than FY 2022 Actual) Business license Taxes (BLT) revenue for the second quarter of FY 2023 totaled $1,010,143, which was $383,617 or 27.5% less than the $1,393,760 received for the first half of FY 2022.
BLT are not due until the end of February, so it is too early to determine the FY 2023 trends.
Recreational Cannabis (-$363,101 less than FY 2022 Actual) Recreational Cannabis revenue for the second quarter of FY 2023 totaled $237,669, which was $363,101 or 60.4% less than the $600,770 received in the first quarter of FY 2022. Taxes are not due yet, so it is too soon to determine the FY 2023 trends. However, the decrease so far was primarily attributable to a decline in the number of license renewals from 12 in the first half of FY 2022 to 8 in FY 2023. In addition, two large businesses that accounted for 30% of FY 2022 total cannabis revenue have not yet renewed their licenses.
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
U1 Revenues -$39,350 less than FY 2022 Actual)
U1 revenues for the first half of FY 2023 totaled $113,893, which was $39,350 or 25.7% less than the $153,243 received in the second quarter of FY 2022. U1 revenues are not due yet, so it is too soon to determine the FY 2023 U1 revenues trends.
Vehicle In Lieu Taxes (+$826,831 more than FY 2022 Actual) Vehicle in Lieu Taxes (VLF) for the first half of FY 2023 totaled $8,329,833, which was $826,831 or 11.02% more than the $7,503,002 received for the first half of FY 2022. This result was consistent with the County’s Certification of Assessed Valuation (received from the County in August 2022), which reflects growth of 10.8%. Changes in VLF revenues are based on the growth in assessed values. However, the Adopted Budget reflects growth of 8.0%. As a result, staff will be increasing the projection from $15,926,168 to $16,626,651.
Parking Fines (+$652,858 more than FY 2022 Actual)
Parking Fines revenue for the first half of FY 2023 totaled $3,104,161, which was $652,858 or
26.6% more than the $2,451,293 received for the first half of FY 2022. The primary reason for the increase was a significant increase in ticket writing, resulting from the lifting of COVID-19 restrictions. As a result, staff are increasing the projection from $4,326,450 to $4,800,000.
During the first half of the fiscal year, ticket writing increased by 11,267 or 18.4 from 61,157 in the first half of FY 2022 to 72,424 in the first half of FY 2023, as follows in Table 8:
Table 8: FY 2023 and FY 2023 Six Month Comparison of Parking Tickets Written Tickets July August Sept. Oct Nov Dec Total
FY 2022 9,548 7,212 11,784 11,392 10,756 10,465 61,157
FY 2023 11,195 11,757 13,333 12,716 12,667 10,756 72,424 Difference 1,647 4,545 1,549 1,324 1,911 291 11,267
Percent Difference 17.2% 63.0% 13.1% 11.6% 17.8% 2.8% 18.4% Ambulance Fees (+$763,729 more than FY 2022 Actual)
Ambulance Fees revenue for the first half of FY 2023 totaled $2,479,368, which was $763,729 or 44.5% more than the $1,715,639 received for the same period during FY 2022. This increase was primarily due to an increase in the number of transports, which increased by 374 or 14.6%, from 2,563 in the first half of FY 2022 to 2,937 in the first half of FY 2023.
In addition, the Fire Department was notified of the reinstatement of the Ground Emergency Medical Transportation (GEMT) cost report program, which will enable the department to receive reimbursement payments for FY 2019 through FY 2022 totaling approximately $2.9 million. As a result, staff is increasing the Ambulance Fee revenue projection from $3,880,779 to $5,330,779 in FY 2023 and FY 2024.
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
Interest Income (+$931,146 more than FY 2022 Actual)
For the first half of FY 2023, interest income totaled $4,038,930, which was $931,146 or 30.0% more than the total of $3,107,784 received for the same period in FY 2022.This increase was primarily attributable to a slight increase in the proportion of the portfolio that was invested in long-term (i.e., one year or more) securities than in short-term securities (i.e., less than one year), and an increase in average interest rates earned after the Federal Reserve reversed course and started raising interest rates on March 17, 2022.
Primarily as a result of the Fed’s actions beginning March 17, 2022, the net interest rate earned by the City increased from a range of .91%-1.078% during the first half of FY 2022, to a range of
1.837%-2.616% during the first half of FY 2023 as shown in Table 9. As a result, staff will be increasing the FY 2023 Interest Income projection from $6,000,000 to $7,000,000.
Table 9: FY 2022 and FY 2021 6 Month Comparison of Monthly Net Interest Rate Earned FY July August Sept Oct Nov Dec
2022 .912% 1.028% 1.057% 1.078% 1.018% .961%
2023 1.837% 2.025% 1.972% 2.258% 2.390% 2.616% Franchise Fees (-$15,402 less than FY 2022 Actual)
Franchise Fees for the first half of FY 2023 totaled $335,043, which was $15,402 or 4.3% less than the $350,085 received for the same period in FY 2022.
Indirect Cost Reimbursements (+$735,612 more than FY 2022 Actual) Indirect Cost Reimbursements (IDC) for the FY 2023 first half totaled $3,205,614, which was $735,612 or 29.8% more than the $2,470,002 received in the first half of FY 2022. This increase was primarily accounted for by an increase in the indirect cost rates calculated for FY 2023 (a range of 21-25%) compared to the rates calculated in FY 2022 (a range of 17%-18%). As a result, staff will be increasing the projection from $5,490,000 to $5,990,000.
Transfers (-$7,220,037 less than FY 2022 Actual)
Transfers from other funds for the first half of FY 2023 totaled $6,457,425 which was $7,220,037 or 52.8% less than the $13,677,642 received for the same period in FY 2022. This was primarily attributable to the Transfer of $11,484,678 from the American Rescue Plan Fund in the first half of FY 2022 to recover from the impact of the COVID-19 pandemic, compared to the Transfer of $6,135,806 from the American Rescue Plan Fund in the first half of FY 2023.
Other Revenues (+$626,346 more than FY 2022 Actual)
Other Revenues primarily consists of licenses and permits; grants; preferential parking fees; general government charges for services; public safety charges for services; health charges for services; culture and recreation charges for services; rents and royalties; and other miscellaneous revenues that are not considered major.
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
Other Revenues for the first half of FY 2023 totaled $3,902,132 which was $626,346 or 19.1% more than the $3,275,786 received for the first half of FY 2022. This increase resulted primarily from (1) the receipt of a premium of $415,785 on the issuance of the Tax and Revenue Anticipation Notes in the first half of FY 2022 versus a premium of $687,680 in the first half of FY 2023. The premium paid to the City was not actually revenue; it was a liability that was paid by the purchaser of the City’s Notes when the coupon interest rate was higher than the market rate when the Notes were issued. It was used to offset the interest expense paid by the City on the Notes; and (2) An increase of $158,070 in Transportation Network Company User Tax (i.e., a tax on ride sharing companies enacted during the height of the COVID-19 pandemic) from $248,143 in the first half of FY 2022 to $406,213 in the first half of FY 2023. Staff will be increasing the FY 2023 Other Revenue projection from $6,729,977 to $7,529,977 consistent with the trends we are seeing in this revenue category.
General Fund Revenue Projections (FY 2023 to FY 2027)
The following table shows projected General Fund revenues for FY 2023 and the current projections for FY 2024 through FY 2027.
Table 10: Projected General Fund Revenue FY 2023 through FY 2027 FY 2023
Adopted FY 2023 FY 2024 FY 2025 FY 2026 FY 2027
Undesignated Revenues
Secured Property
Taxes
75,664,920 79,091,256 81,859,450 84,724,531 87,689,889 90,759,035 Supplemental
Taxes
2,000,000 2,300,000 2,300,000 2,300,000 2,300,000 2,300,000 Unsecured
Property Taxes
3,516,000 3,516,000 3,516,000 3,516,000 3,516,000 3,516,000 Property Transfer
Taxes
18,000,000 18,000,000 16,000,000 16,000,000 16,000,000 16,000,000 Property Transfer
Tax - Measure P
14,073,750 14,073,750 14,073,750 14,073,750 14,073,750 14,073,750 Sales Taxes 19,016,546 19,634,807 19,391,714 20,231,914 21,146,495 22,043,410 Soda Tax 990,210 1,025,800 1,025,800 1,025,800 1,025,800 512,900 Utility Users Taxes 13,800,000 15,000,000 15,000,000 15,000,000 15,000,000 15,000,000 Transient
Occupancy Taxes
5,000,000 7,500,000 7,725,000 7,956,750 8,195,453 8,441,316 Short-term Rentals 1,000,000 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 Business License
Taxes
19,000,000 19,000,000 19,000,000 19,380,000 19,767,600 19,767,600 Recreational
Cannabis
1,400,000 1,400,000 1,400,000 1,428,000 1,456,560 1,456,560 Measure U1 4,900,000 4,900,000 4,900,000 4,998,000 5,097,960 5,097,960 Other Taxes 2,631,441 3,331,441 3,331,441 3,331,441 3,331,441 3,331,441
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
Continuation FY 2023
Adopted
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027
Vehicle in Lieu 15,926,168 16,626,651 17,208,584 17,810,884 18,434,265 19,079,464 Parking Fines -
Regular
Collections
4,326,450 4,800,000 4,800,000 4,800,000 4,800,000 4,800,000 Moving Violations 132,600 132,600 132,600 135,252 137,957 137,957 Ambulance Fees 3,880,779 5,330,779 5,350,779 3,880,779 3,880,779 3,880,779 Interest Income 6,000,000 7,000,000 7,000,000 7,000,000 7,000,000 7,000,000 Franchise Fees 1,613,283 1,720,056 1,720,056 1,720,056 1,720,056 1,720,056 Other Revenues 6,729,977 7,529,977 7,529,977 7,529,977 7,529,977 7,529,977 Indirect cost
reimbursements
5,490,000 5,990,000 5,990,000 5,990,000 5,990,000 5,990,000 Transfers 17,096,148 17,096,148 21,023,924 4,472,621 4,562,074 4,562,074 Total
Undesignated
Revenues
242,188,272 256,399,265 261,679,074 248,705,755 254,056,056 258,400,279 Prop. Transfer
Taxes for capital
improvements
16,462,172 16,462,172 12,962,172 13,541,415 13,541,415 14,132,244 Total Designated
Revenues
16,462,172 16,462,172 12,962,172 13,541,415 13,541,415 14,132,244 TOTAL
REVENUES AND
TRANSFERS
258,650,444 272,861,437 274,641,246 262,247,170 267,597,471 272,532,523 *Property Transfer Tax Revenues are set at a baseline amount of $18 million, changing to $16 million starting in FY 2025. The Council Fiscal Policies require any excess property transfer tax revenues over the baseline to be allocated to capital improvements and/or reserves. Council may waive this policy as needed to balance the budget or prioritize these funds for other critical needs.
Property Taxes
Given the continued high collection rate, and the resilience of property values in the City, as well as a large volume of recent property sales (which bring assessed values to market value), annual growth is projected at approximately 5.5% over the next several years. The persistence of strong growth of property valuations in recent years, as well as the spike in current year sales (which bring properties assessed valuations to market value), have caused staff to increase the projected growth rate from the 3.5% that we have used in prior long-term projections.
Sales Taxes
The immense effects of COVID-19 on sales tax revenue in FY 2021 were largely reversed in FY 2022, with revenue levels almost back to FY 2019 levels, and staff now project growth to level off to approximately 4% in FY 2024. There is still some potential risk that an overall slowdown in underlying economic recovery will be reflected in reduced growth in consumer spending and sales tax collections.
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
Business License Taxes
We are projecting a 5% growth in Business License Tax revenue from heavily impacted FY 2021 levels, as economic activity recovers from the recession caused by the pandemic. Long- term projections will be adjusted as the post-pandemic economic environment becomes clearer. 2023 business license returns (for 2022 gross receipts) are just now being received. Information on how revenues are trending will be available in a month or two once they are processed.
Transient Occupancy Tax (“TOT”)
With recovery of business at the City’s hotels expected to lag behind general economic recovery, and relying on industry guidance regarding predicted occupancy levels, we are currently projecting only 3% annual growth from current revenue levels. Even after taking into consideration the new downtown hotel, we will continue to monitor the major hotels’ projections of future occupancies and will adjust long-term projections as necessary.
Utility Users Tax
We expect UUT revenue to rise marginally from FY 2022 through FY 2024, after increasing slightly in the current year due to rate increases approved by the Public Utilities Commission.
Revenues are expected to remain flat after FY 2024 and beyond after all the rate increases have been actualized.
Transfer Tax
Given the continued strength in property values and in sales activity, we expect Transfer Tax revenues to remain basically flat from FY 2024 – FY 2027. The spike in revenue being seen in FY 2022, and to a lesser extent in FY 2023, is likely due to sales triggered by looming interest rate increases that have been signaled by the Federal Reserve, as well as some pent- up demand from mildly depressed sales during the pandemic. Over the 5 years prior to the pandemic, transfer tax revenues grew 6% per year on average, but interest rate increases will probably negatively impact sales prices and volumes somewhat in the next few years.
We also expect revenues from Measure P supplemental tax on high value property transfers to remain basically flat.
Revenue Conclusion
Projecting revenues many years into the future is inherently difficult to do with accuracy, as shifts in the macroeconomic climate can cause asset valuations and economic output to fluctuate in ways not able to be anticipated at the time projections are made. Staff use the best assumptions available, based on historic trends, observation of leading economic indicators, and known changes in the regulatory environment. The current environment, however, presents heightened uncertainty due to several macroeconomic factors that could impact future City revenues.
First, while the health emergency related to the COVID-19 pandemic is finally receding, and while many of the restrictions that had constrained economic activity have been or soon will be lifted, there is a possibility that the local economy has been reshaped in ways that will not return to a pre-pandemic “normal.”
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
The increase in telecommuting that occurred in the past couple of years may not fully recede.
This could have effects on spending activities of residents and employees of City businesses and institutions, as well as the desirability of certain locations for home purchases. These trends will have to be studied and analyzed and adjustments made as more data comes in.
Second, after being kept at manageable levels for many years, there are signs that inflationary pressure is driving prices higher. It is now clear that the effect of disrupted supply chains caused by COVID-19 is not temporary as many analysts believe, but will have a long-lasting effect on the economy. The Federal Reserve Board has indicated and the markets are adjusting to the fact that interest rates are rising as the Fed’s continues to tighten monetary policy to combat inflation. This has already had immediate effects on economic activities in all sectors of the economy.
Third, continued war in Europe between Ukraine and Russia has continued to have dramatic effects on the energy global markets, especially if Russian oil and natural gas continues to be supplied at a lower quantity which spikes energy prices for the rest of Europe. This continues to drive fuel and transportation prices higher, with downstream effects on the prices of most goods.
Any one or a combination of these factors could necessitate further revision of the projections presented here. Staff will continue to monitor the revenues we actually receive and changes in the economic environment, so that we may update or revise our projections if changes in our forecasts are warranted.
General Fund Expenditures
On June 28, 2022, Council adopted the FY 2023 and FY 2024 Biennial Budget, which authorized General Fund expenditures in FY 2023 of $280.67 million. Subsequently, on December 13, 2022, the City Council approved General Fund recommended rollovers, carryovers, and adjustments totaling $22.60 million in the Amendment to the FY 2023 Annual Appropriations Ordinance (AAO) as shown in the table below:
Table 11: FY 2023 General Fund Revised Budget
FY 2023
Adopted Budget
Encumbered
Recommended
Unencumbered
Recommended
Other
Adjustments
FY 2023
Revised Budget
$280,671,294 $12,162,503 $6,351,969 $4,090,297 $303,276,062 The encumbered rollovers of $12.16 million reflect contractual obligations entered in FY 2022, which had not been paid as of June 30, 2022. Unencumbered carryovers of $6.35 million are approved by Council for specific purposes that had not been completed by the end of FY 2022.
Funding for these commitments is brought forward into the current fiscal year to provide for payment of these obligations. Adjustments are new allocations for projects and Council priorities as detailed in the AAO. Included in the other adjustments of $4.09 million are Council authorized allocations approved through the adoption of the Amendment to the AAO on January 17, 2023 (second reading).
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
General Fund expenditures incurred by department as of December 31, 2022 are shown in the chart below along with projections regarding the expenditures likely to be incurred through June 30, 2023. The projected savings/ deficit column in the chart below is an estimate of whether the department will be under or over the adopted budget and their respective appropriation limit based upon the first six months of the year.
Table 12: FY 2023 Mid-Year General Fund Expenditures (as of December 21, 2022) *FY 2023 Revised does not reflect as of December 31, 2022 all Council approved allocations included in the FY 2023 AAO #1.
With 50 percent of the fiscal year elapsed, most departments are tracking under 50 percent spent in personnel due to vacant positions. Some departments that are over 50 percent in non- personnel expenditures is related to encumbrances, meaning that departments have set aside funds to meet contractual obligations entered into in FY 2023, for services that may not be completed rendered by June 30, 2023.
DEPARTMENT FY 2023
ADOPTED
BUDGET
FY 2023
REVISED
BUDGET*
YEAR TO
DATE
EXPENDED
ENCUMBRANCES AVAILABLE
BUDGET
PERSONNEL
PERCENTAGE
USED
NON-
PERSONNEL
PERCENTAGE
USED
TOTAL
PERCENTAGE
USED
FY 2023
PROJECTED
EXPENDITURES
FY 2023
PROJECTED
ENDING
BALANCE/(DEFICIT)
MAYOR AND
COUNCIL 4,785,155 4,875,736 1,786,543 69,853 3,019,340 36.9% 47.1% 38.1% 4,875,736 - CITY AUDITOR 3,006,058 3,007,837 1,208,279 7,380 1,792,178 39.6% 47.6% 40.4% 2,345,535 662,302 RENT
STABILIZATION
BOARD
550,000 550,000 229,168 320,832 0 0.0% 100.0% 100.0% 550,000 -
POLICE
ACCOUNTABILITY
1,120,676 1,250,444 330,343 52,342 867,759 26.8% 38.0% 30.6% 880,928 369,516
CITY MANAGER'S
OFFICE
11,628,466 13,509,108 6,526,833 726,499 6,255,776 47.5% 64.4% 53.7% 13,332,528 176,580 CITY ATTORNEY 4,010,250 5,299,550 1,909,130 519,812 2,870,608 32.0% 76.1% 45.8% 4,396,163 903,387 CITY CLERK 2,590,414 2,801,741 1,144,295 252,008 1,405,438 42.8% 59.5% 49.8% 2,580,728 221,013 FINANCE 8,022,118 9,327,512 3,265,107 1,274,558 4,787,846 38.6% 75.8% 48.7% 8,553,323 774,189 HUMAN
RESOURCES
2,980,172 3,185,697 1,107,790 216,399 1,861,509 27.4% 70.4% 41.6% 2,495,843 689,854
INFORMATION
TECHNOLOGY
1,526,760 2,050,474 323,354 621,440 1,105,681 0.0% 46.1% 46.1% 2,051,774 (1,300)
HEALTH, HSG &
COMMUNITY SVC
24,795,803 41,173,297 11,849,690 7,195,489 22,128,117 36.8% 51.0% 46.3% 34,809,893 6,363,404 PARKS,
RECREATION &
WATERFRONT
8,879,746 10,728,180 4,780,445 960,326 4,987,409 46.1% 62.1% 53.5% 10,650,850 77,330
PLANNING &
DEVELOPMENT
3,062,324 4,854,446 1,364,429 198,916 3,291,102 41.9% 21.6% 32.2% 3,676,530 1,177,916 PUBLIC WORKS 5,783,759 12,359,119 4,249,727 880,929 7,228,463 54.6% 35.7% 41.5% 7,280,378 5,078,741 POLICE 79,269,594 79,780,795 39,659,285 709,318 39,412,192 48.8% 66.4% 50.6% 80,316,009 (535,214) FIRE &
EMERGENCY
SERVICES
41,626,945 45,903,819 21,028,451 3,367,229 21,508,139 51.1% 58.7% 53.1% 48,623,742 (2,719,923)
NON
DEPARTMENTAL
77,033,054 57,440,207 25,498,036 138,832 31,803,340 -14.4% 43.0% 44.6% 48,204,728 9,235,479 GRAND TOTAL 280,671,294 298,097,963 126,260,904 17,512,161 154,324,898 47.00% 49.6% 48.2% 275,624,689 22,473,273
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
The General Fund is currently projected to finish FY 2023 with a balance of $22.47 million (Revised Budget minus Projected Expenses). However, there is some fluidity in the projection as currently most of the savings are based upon vacant positions and/or project-related timing delays. Projected expenditures will fluctuate as departments either (1) fill vacant positions throughout the course of the fiscal year; (2) increase overtime spending to provide services despite vacancies and/or (3) spend more on consultants and other professional services (“non- personnel costs”) to mitigate vacant staff positions.
Explanations for significant projected savings and overages are as follows:
Health, Housing & Community Services ($6,363,404): Projected savings due to vacancies and about $3.34 million of the projected unspent is in Measure P program. Planning ($1,177,916): Projected balance is primarily comprised of $340,800 in salary savings due to vacancies and $750,000 of the $1.50 million in unencumbered funding for the Just Transition project will be carried over to FY 2024 (project started in FY 2023). Public Works ($5,078,741): Projected savings is tied to mostly Facilities and Transportation projects that are expected to not be completed by FY 2023. The General Fund project budget will not be fully spent by the end of FY 2023 and will be carried over to FY 2024.
Police (-$535,214): The projected overage in the Police Department is due to several factors, primarily the use of overtime (OT) to address staffing shortages. The Police overtime is projected to be at $8.3 million with an adopted OT budget of $6.1 million.
Salary and Retirement contributions from vacant positions is estimated to result in a savings of approximately $2.0 million and could cover most of the increase in OT cost above budget thus resulting in only a $535,214 projected deficit. The mid-year projection does not include the $500,000 Police overtime reserve approved as part of the FY 2023 Budget. It also does not consist of potential cost overruns related to Police fleet replacement fund contributions and fuel and maintenance costs. Fire (-$2,719,923): Fire is projected to finish FY 2023 over budget by $2.72 million. The department has incurred COVID-19 impacts on staffing levels and has experienced challenges in recruiting and retaining qualified firefighter/paramedics, as well incurring increases in overtime cost.
Non-Departmental ($9,235,479): The balance is from projecting that not all of the funding for the Tier 1 approved items will be spent by June 30, 2023. Specifically, new positions that were approved as Tier 1 are mostly still vacant.
In addition, the City Auditor, the Office of the Director of Police Accountability, the City Attorney, the City Clerk, the City Manager’s Office, the Finance Department, Human Resources, and Parks, Recreation & Waterfront are expected to finish the year under budget, largely due to savings attributed to vacant positions. The projected surplus for these departments combined is $3,874,170.
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
Projected General Fund Budget Summary
Based on the General Fund revenue and expenditure projections that have been provided above, the following chart provides a combined overview of the General Fund (includes FY 2022 Actual for reference). The FY 2023 mid-year projects an annual shortfall of $2.76 million.
It is important to emphasize that the revenue and expenditure projections provided are the best estimates staff has at this time for how the General Fund is projected to close in FY 2023.
Between now and the end of the fiscal year, a number of assumptions could change that will impact projections, including, but not limited to, changes in economic conditions, filling vacancies, and increased operational and capital project costs.
Fund balance is the accumulation of savings that occurred over many fiscal years when the net of expenditures and revenue were positive. The purpose of maintaining an adequate fund balance is to mitigate unplanned changes in economic conditions and to help negate risks to revenue shortfalls and/or unanticipated expenditures.
The FY 2022 Ending Balance, upon the conclusion of the year-end process, was $71.14 million, which became the starting balance for FY 2023. In FY 2022, revenues of $286.6 were greater than expenditures of $249.3 million, resulting in an increase of $37.3 million in fund balance.
The growth in fund balance was attributed to a combination of increased revenue, particularly in property transfer tax, and expenditure savings from vacancies and delayed implementation of projects and programs. While the FY 2022 Ending Balance reflected temporary “savings” from planned expenses that did not occur before June 30, 2022, some of the costs were carried forward into FY 2023 and will be reflected in the projected FY 2023 Ending Balance.
The FY 2023 Adopted Budget anticipated the use of $22.02 million in fund balance in order to absorb increased expenditures that exceeded revenue projections. This was based, on part, upon assumptions that revenues tied to the local economy had not fully returned to pre- pandemic levels and that the use of one-time federal funds from the American Rescue Plan Act would be exhausted. However, the FY 2023 mid-year projection estimates an annual shortfall of $2.76 million. While there is still an expected deficit whereby expenditures exceed revenues, it is currently less than originally anticipated due to a combination of increased revenue as well as underspending related to one-time savings from vacancies and project-related timing delays.
As a result, the FY 2023 Projected Ending Balance of $71.38 million shows projected ending available cash based on beginning balance, projected revenue, and projected expenditures.
This projected balance does not include committed and assigned amounts in FY 2023 that are predicted to not be spent in the fiscal year, such as uncompleted projects, and carried forward into FY 2024. Therefore, the actual fund balance will be different than the ending balance shown in the chart below. The actual FY 2023 Fund Balance will be known after the Year-End close, and once contract encumbrances (committed amounts) and the carryover requests (assigned amounts) during the amendment to the annual appropriation process (AAO#1) have been reconciled and carried over into FY 2024 as applicable.
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
Table 13: FY 2023 Projected General Fund Balance
FY 2022 FY 2023 FY 2023 FY 2023
Actual Adopted Revised Projected
Beginning Balance 36,838,797 74,141,617 74,141,617 74,141,617 Revenues
Property Taxes and Vehicle In-Lieu 88,741,015 97,107,088 97,107,088 101,533,907 Real Estate Transfer Taxes 49,419,314 34,462,172 34,462,172 34,462,172 Property Transfer Tax - Measure P 14,073,750 14,073,750 14,073,750 14,073,750 Sales Taxes 19,954,078 20,006,756 20,006,756 20,660,607 Utility Users Taxes and Franchise Fees 16,470,121 15,413,283 15,413,283 16,720,056 Hotel and STR Taxes 5,727,046 4,900,000 4,900,000 8,900,000 Business License Taxes 26,569,061 25,300,000 25,300,000 25,300,000 Fines and Fees 8,754,104 8,339,829 8,339,829 10,130,779 Interest and Other Revenue 27,464,596 16,461,418 16,461,418 17,994,018 Transfers from Other Funds 29,445,572 22,586,148 22,586,148 23,086,148 Revenues Total 286,618,657 258,650,444 258,650,444 272,861,437 Expenditures
Personnel
Personnel - Misc. 65,468,180 81,462,699 81,921,979 68,436,056 Salary & Wages 45,063,008 56,291,855 56,634,602 43,148,679 PERS - Misc 10,872,027 14,179,883 14,122,762 14,122,762 Fringe Benefits - Misc. 9,533,145 10,990,961 11,164,615 11,164,615 Personnel - Fire 33,965,013 30,162,577 30,254,954 32,054,954 Salary & Wages 17,879,289 15,794,564 15,995,637 17,795,637 PERS - Fire 9,354,144 7,921,611 7,921,611 7,921,611
Fringe Benefits - Fire 6,731,580 6,446,402 6,337,706 6,337,706 Personnel - Police 53,987,841 58,392,795 58,450,715 58,985,929 Salary & Wages 24,400,509 26,005,246 26,063,166 26,598,380 PERS - Police 17,090,869 19,175,192 19,175,192 19,175,192 Fringe Benefits - Police 12,496,463 13,212,357 13,212,357 13,212,357 Salary Savings 0 -9,553,792 -9,553,792 0
Tier 1 Funding Personnel Recurring 0 5,169,339 5,169,339 1,671,558 Tier 1 Funding Personnel Temporary 0 2,106,838 2,106,838 681,268 Personnel Total 153,421,034 167,740,455 168,350,033 161,829,765 Non-Personnel
Tier 1 Funding Non-Personnel 0 25,289,911 25,289,911 18,967,433 Tier 1 Funding CIP 0 1,511,000 1,511,000 906,600
Non-Personnel 55,117,836 42,570,645 58,135,491 48,385,011 Transfer Out 35,822,474 24,558,378 26,534,975 26,534,975 CIP (GF Transfer Out to CIP Fund, Includes Tier 1) 4,954,493 19,000,905 19,000,905 19,000,905 Non-Personnel Total 95,894,803 112,930,839 130,472,282 113,794,924 Expenditures Total 249,315,837 280,671,294 298,822,315 275,624,689 Annual Surplus/Shortfall 37,302,820 (22,020,850) (40,171,871) (2,763,252) One-Time Use of Fund Balance
(Excess Property Transfer Tax) 22,020,850 40,171,871 2,763,252 Ending Balance 74,141,617 52,120,767 33,969,746 71,378,365
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
All Funds Expenditures
The General Funds comprises 32.16 percent of the total adjusted budget. The rest of the budget consists of various Special Funds. Special Funds are collected for a specific purpose; therefore, the projected balances are not considered to be discretionary and available to be re-allocated toward other programs, projects, and services. Included in the FY 2023 Mid-Year All Funds Expenditures by Department chart below are both the General Fund expenditures to date and the Special Funds expenditures to date. On an All Funds basis, the City is tracking under budget as of December 31, 2022, as can be seen in the following chart:
Table 14: FY 2023 Mid-Year All Funds Expenditures (as of December 21, 2022) On All Funds basis, the City is projected to finish FY 2023 with a balance of $133.74 million.
Health, Housing, & Community Services, Parks, Recreation & Waterfront, Public Works and Non-Departmental are anticipated to finish FY 2023 with significant balances that are tied to salary savings due to vacancies and projects and grants that are not expected to be finished by the end of the fiscal year. These departments also appropriated new grant funding that support programs and services, as well as special funds for capital improvement projects. Most unspent balance will be requested as a carryover in the FY 2024 budget. The Fire Department is expected to end FY 2023 with a deficit due to staffing shortage related COVID-19 backfill and high vacancy rate causing an increase in overtime expenses.
DEPARTMENT FY 2023
ADOPTED
BUDGET
FY 2023
REVISED
BUDGET*
YEAR TO
DATE
EXPENDED
ENCUMBRANCES AVAILABLE
BUDGET
TOTAL
PERCENTAGE
USED
FY 2023
PROJECTED
EXPENDITURES
FY 2023 PROJECTED
ENDING
BALANCE/(DEFICIT)
MAYOR AND COUNCIL 4,785,155 4,883,236 1,790,943 69,853 3,022,440 38.1% 4,883,236 - CITY AUDITOR 3,101,376 3,103,155 1,239,080 7,380 1,856,695 40.2% 2,405,135 698,020 RENT STABILIZATION BOARD 7,247,755 7,858,094 3,205,523 1,461,593 3,190,977 59.4% 7,858,094 - POLICE ACCOUNTABILITY 1,422,432 1,250,444 330,343 52,342 867,759 30.6% 880,928 369,516 CITY MANAGER'S OFFICE 19,287,587 20,741,366 9,360,014 2,966,976 8,414,376 59.4% 20,541,213 200,153 BERKELEY PUBLIC LIBRARY 24,918,604 25,488,070 9,338,322 2,523,408 13,626,340 46.5% 22,171,058 3,317,012 CITY ATTORNEY 8,562,688 9,758,110 4,424,881 881,607 4,451,623 54.4% 9,636,828 121,282 CITY CLERK 3,501,282 3,312,609 1,177,536 252,008 1,883,065 43.2% 3,012,450 300,159 FINANCE 11,444,157 11,824,704 4,188,249 1,375,401 6,261,054 47.1% 10,898,157 926,547 HUMAN RESOURCES 5,009,883 5,171,822 1,785,539 242,194 3,144,089 39.2% 4,067,292 1,104,530 INFORMATION TECHNOLOGY 22,287,156 27,532,294 7,691,233 4,053,890 15,787,171 42.7% 25,632,718 1,899,576
HEALTH, HSG & COMMUNITY
SVC
95,182,974 160,876,413 47,969,154 40,494,723 72,412,536 55.0% 124,636,287 36,240,126 PARKS, RECREATION & WF 53,378,913 75,494,789 24,086,634 10,177,628 41,230,528 45.4% 62,873,376 12,621,413 PLANNING & DEVELOPMENT 29,022,035 30,802,863 11,859,892 2,565,724 16,377,247 46.8% 28,373,360 2,429,503 PUBLIC WORKS 203,608,562 265,236,595 69,256,749 43,076,741 152,903,105 42.4% 199,220,520 66,016,075 POLICE 87,444,720 86,363,420 41,934,698 857,812 43,570,911 49.5% 86,225,091 138,329
FIRE & EMERGENCY
SERVICES
63,377,259 72,826,660 30,844,694 9,116,279 32,865,688 54.9% 74,706,313 (1,879,653) NON DEPARTMENTAL 110,594,086 116,672,894 62,946,383 329,646 53,396,864 54.2% 107,437,415 9,235,479 GRAND TOTAL 754,176,623 929,197,538 333,429,869 120,505,203 475,262,468 48.9% 795,459,472 133,738,066 *FY 2023 Revised does not reflect as of December 31, 2022 all Council approved allocations included in the FY 2023 AAO #1.
FY 2023 Mid-Year Budget Update INFORMATION CALENDAR
March 21, 2023
Next Steps:
Staff is continuously monitoring the FY 2023 General Fund budget to make sure the City stays within budget and is also reviewing and analyzing data to make sure that the City remains agile should additional operating and capital needs arise in the fiscal year.
Staff has developed a new 5 Year Forecast that combines both the revenue and expenditure projections that will summarize the General Fund budget status to better assist management and City Council for the upcoming FY 2024 Mid-Biennial Budget Update and the following FY 2025 & FY 2026 Biennial Budget. Staff is currently in the process of preparing the FY 2024 Mid- Biennial Budget Update.
Final FY 2023 year-end General Fund revenues and expenditures information will be included in the “FY 2023 Year-End Report and FY 2024 First Quarter Update” that will be presented to Council in December 2023.
The City’s annual Mid-Year Budget Update is a Strategic Plan Priority, advancing our goal to provide an efficient and financially-healthy City government.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Actions included in the budget will be developed and implemented in a manner that is consistent with the City’s environmental sustainability goals and requirements.
CONTACT PERSON
Sharon Friedrichsen, Budget Manager, City Manager’s Office, 981-7000 Henry Oyekanmi, Finance Director, Department of Finance, 981-7300 Maricar Dupaya, Senior Management Analyst, City Manager’s Office, 981-7000 Attachments:
1. Table 2, General Fund Revenue and Transfer In FY 2023 Mid-Year vs FY 2022 Mid-Year Comparison
2. Table 10, Projected General Fund Revenue FY 2023 through FY 2027
3. Table 12: FY 2023 Mid-Year General Fund Expenditures (as of December 31, 2022)
4. Table 13: FY 2023 Projected General Fund Balance
5. Table 14: FY 2023 Mid-Year All Funds Expenditures (as of December 31, 2022)
FY 2023 Mid-Year Report Table 2: General Fund Revenue and Transfer In FY 2023 Mid-Year vs FY 2022 Mid-Year Comparison Attachment 1
Revised FY 2023
Revenue Categories Adopted Actual Variance % Received Adopted Actual Variance % Received Amount % Projections (a) (b) c=(b) - (a) ( d) = (b)/(a) (e) (f) g=(f) - (e) (h) = (f)/(g) (i) = (b) - (f) (j) = (i)/(f) Projections Secured Property $75,664,920 $40,237,811 ($35,427,109) 53.18% $71,382,000 $36,257,954 ($35,124,046) 50.79% 3,979,857 10.98% $79,091,256 Redemptions -Regular 831,441 461,026 (370,415) 55.45% 831,441 415,104 -416,337 49.93% 45,922 11.06% 831,441 Supplemental Taxes 2,000,000 1,229,929 (770,071) 61.50% 2,000,000 608,905 -1,391,095 30.45% 621,024 101.99% 2,300,000 Unsecured Property Taxes 3,516,000 3,151,771 (364,229) 89.64% 2,625,000 3,048,386 423,386 116.13% 103,385 3.39% 3,516,000 Property Transfer Tax 34,462,172 16,676,308 (17,785,864) 48.39% 21,000,000 21,801,269 801,269 103.82% (5,124,961) -23.51% 34,462,172 Property Transfer Tax-Measure P (New December 21, 2018) 14,073,750 8,363,823 (5,709,927) 59.43% 8,500,000 8,626,946 126,946 101.49% (263,123) -3.05% 14,073,750 Sales Taxes 19,016,546 9,687,895 (9,328,651) 50.94% 18,287,215 9,533,614 -8,753,601 52.13% 154,281 1.62% 19,634,807 Soda Taxes 990,210 642,874 (347,336) 64.92% 990,210 519,699 -470,511 52.48% 123,175 23.70% 1,025,800 Utility Users Taxes 13,800,000 7,638,612 (6,161,388) 55.35% 13,000,000 6,534,425 -6,465,575 50.26% 1,104,187 16.90% 15,000,000 Transient Occupancy Taxes 5,000,000 3,943,517 (1,056,483) 78.87% 2,173,000 2,471,311 298,311 113.73% 1,472,206 59.57% 7,500,000 Short-term Rentals 1,000,000 712,661 (287,339) 71.27% 630,000 586,569 -43,431 630,000 126,092 21.50% 1,400,000 Business License Tax 19,000,000 1,010,143 (17,989,857) 5.32% 18,498,146 1,393,760 -17,104,386 7.53% (383,617) -27.52% 19,000,000 Recreational Cannabis 1,400,000 237,669 (1,162,331) 16.98% 1,643,739 600,770 -1,042,969 36.55% (363,101) -60.44% 1,400,000 U1 Revenues 4,900,000 113,893 (4,786,107) 2.32% 5,120,350 153,243 -4,967,107 2.99% (39,350) -25.68% 4,900,000 Other Taxes 1,800,000 1,500,099 (299,901) 83.34% 1,761,714 1,052,445 -709,269 59.74% 447,654 42.53% 2,500,000 Vehicle In-Lieu Taxes 15,926,168 8,329,833 (7,596,335) 52.30% 14,959,837 7,503,002 -7,456,835 50.15% 826,831 11.02% 16,626,651 Parking Fines-Regular Collections 4,326,450 3,104,161 (1,222,289) 71.75% 3,726,450 2,451,293 -1,275,157 65.78% 652,868 26.63% 4,800,000 Parking Fines-Booting Collections 0 0 0.00% - 0.00% Moving Violations 132,600 71,415 (61,185) 53.86% 132,600 83,533 -49,067 63.00% (12,118) -14.51% 132,600 Ambulance Fees 3,880,779 2,479,368 (1,401,411) 63.89% 3,154,002 1,715,639 -1,438,363 54.40% 763,729 44.52% 5,330,779 Interest Income 6,000,000 4,038,930 (1,961,070) 67.32% 4,462,320 3,107,784 -1,354,536 69.65% 931,146 29.96% 7,000,000 Franchise Fees 1,613,283 335,043 (1,278,240) 20.77% 1,613,283 350,085 -1,263,198 21.70% (15,042) -4.30% 1,720,056 Other Revenue 6,729,977 3,902,132 (2,827,845) 57.98% 6,729,977 3,275,786 -3,454,191 48.67% 626,346 19.12% 7,529,977 IDC Reimbursement 5,490,000 3,205,614 (2,284,386) 58.39% 5,490,000 2,470,002 -3,019,998 44.99% 735,612 29.78% 5,990,000 Transfers 17,096,148 6,457,425 (10,638,723) 37.77% 27,354,923 13,677,462 -13,677,461 50.00% (7,220,037) -52.79% 17,096,148 - 0 -
Total Revenue: $258,650,444 $127,531,952 -$131,118,492 49.31% $236,066,207 $128,238,986 -$107,827,221 54.32% ($707,034) -0.55% $272,861,437 FY 2023 FY 2022 Comparision FY23 vs FY22
FY 2023 Mid-Year Report Table 10: Projected General Fund Revenue FY 2023 through FY 2027 Attachment 2 FY 2023
Adopted FY 2023 F Y 2024 FY 2025 FY 2026 FY 2027
Undesignated Revenues
Secured Property
Taxes
75,664,920 79,091,256 81,859,450 84,724,531 87,689,889 90,759,035 Supplemental Taxes 2,000,000 2,300,000 2,300,000 2,300,000 2,300,000 2,300,000 Unsecured Property
Taxes
3,516,000 3,516,000 3,5 16,000 3,516,000 3,516,000 3,5 16,000 Property Transfer
Taxes
18,000,000 18,000,000 16,000,000 16,000,000 16,000,000 16,000,000 Property Transfer
Tax - Measure P
14,073,750 14,073,750 14,07 3,750 14,073,750 14,073,750 14,073,750 Sales Taxes 19,016,546 19,634,807 19,391,714 20,231,914 21,146,495 22,043,410 Soda Tax 990,210 1,025,800 1,025,800 1,025,800 1,025,800 512,900 Utility Users Taxes 13,800,000 15,000,000 15,000,000 15,000,000 15,000,000 15,000,000 Transient Occupancy
Taxes (TOT)
5,000,000 7,500,000 7,725,000 7,956,750 8,195,453 8,441,316 Short-term Rentals 1,000,000 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 Business License
Taxes
19,000,000 19,000,000 19,000,000 19,380,000 19,767,600 19,767,600 Recreational
Cannabis
1,400,000 1,400,000 1,4 00,000 1,428,000 1,456,560 1,456,560 Measure U1 4,900,000 4,900,000 4,900,000 4,998,000 5,097,960 5,097,960 Other Taxes 2,631,441 3,331,441 3,331,441 3,331,441 3,331,441 3,331,441 Vehicle in Lieu Taxes 15,926,168 16,626,651 17,208,584 17,810,884 18,434,265 19,079,464 Parking Fines -
Regular Collections
4,326,450 4,800,000 4,800,000 4,800,000 4,800,000 4,800,000 Moving Violations 132,600 132,600 132,600 135,252 137,957 137,957 Ambulance Fees 3,880,779 5,330,779 5,350,779 3,880,779 3,880,779 3,880,779 Interest Income 6,000,000 7,000,000 7,000,000 7,000,000 7,000,000 7,000,000 Franchise Fees 1,613,283 1,720,056 1,720,056 1,720,056 1,720,056 1,720,056 Other Revenues 6,729,977 7,529,977 7,529,977 7,529,977 7,529,977 7,529,977 Indirect cost
reimbursements
5,490,000 5,990,000 5,990,000 5,990,000 5,990,000 5,990,000 Transfers 17,096,148 17,096,148 21,023,924 4,472,621 4,562,074 4,562,074 Total Undesignated
Revenues
242,188,272 256,399,265 261,679,074 248,705,755 254,056,056 258,400,279 Designated Revenues
Prop. Transfer Taxes
for capital
improvements
16,462,172 16,462,172 12,962,172 13,541,415 13,541,415 14,132,244 Total Designated
Revenues
16,462,172 16,462,172 12,962,172 13,541,415 13,541,415 14,132,244
TOTAL REVENUES
AND TRANSFERS
258,650,444 272,861,437 274,641,246 262,247,170 267,597,471 272,532,523
DEPARTMENT FY 2023
ADOPTED
BUDGET
FY 2023
REVISED
BUDGET*
YEAR TO
DATE
EXPENDED
ENCUMBRANCES AVAILABLE
BUDGET
PERSONNEL
PERCENTAGE
USED
NON-
PERSONNEL
PERCENTAGE
USED
TOTAL
PERCENTAGE
USED
FY 2023
PROJECTED
EXPENDITURES
FY 2023 PROJECTED
ENDING
BALANCE/(DEFICIT)
MAYOR AND COUNCIL 4,785,155 4, 875,736 1,786,543 69,853 3,019,340 36.9% 47.1% 38.1% 4,875,736 - CITY AUDITOR 3,006,058 3,007,837 1,208,279 7,380 1,792,178 39.6% 47.6% 40.4% 2,345,535 662,302 RENT STABILIZATION BOARD 550,000 550,000 229,168 320,832 0 0.0% 100.0% 100.0% 550,000 - POLICE ACCOUNTABILITY 1,120,676 1,250,444 330,343 52,342 867,759 26.8% 38.0% 30.6% 880,928 369,516 CITY MANAGER'S OFFICE 11,628,466 13,509,108 6,526,833 726,499 6,255,776 47.5% 64.4% 53.7% 13,332,528 176,580 CITY ATTORNEY 4,010,250 5,299,550 1,909,130 519,812 2,870,608 32.0% 76.1% 45.8% 4,396,163 903,387 CITY CLERK 2,590,414 2,801,741 1,144,295 252,008 1,405,438 42.8% 59.5% 49.8% 2,580,728 221,013 FINANCE 8,022,118 9,327,512 3,265,107 1,274,558 4,787,846 38.6% 75.8% 48.7% 8,553,323 774,189 HUMAN RESOURCES 2,980,172 3,185,697 1,107,790 216,399 1,861,509 27.4% 70.4% 41.6% 2,495,843 689,854 INFORMATION TECHNOLOGY 1,526,760 2,050,474 323,354 621,440 1,105,681 0.0% 46.1% 46.1% 2,051,774 (1,300) HEALTH, HSG & COMMUNITY SVC 24,795,803 41,173,297 11,849,690 7,195,489 22,128,117 36.8% 51.0% 46.3% 34,809,893 6,363,404
PARKS, RECREATION &
WATERFRONT
8,879,746 10,728,180 4,780,445 960,326 4,987,409 46.1% 62.1% 53.5% 10,650,850 77,330 PLANNING & DEVELOPMENT 3,062,324 4,854,446 1,364,429 198,916 3,291,102 41.9% 21.6% 32.2% 3,676,530 1,177,916 PUBLIC WORKS 5,783,759 12,359,119 4,249,727 880,929 7,228,463 54.6% 35.7% 41.5% 7,280,378 5,078,741 POLICE 79,269,594 79,780,795 39,659,285 709,318 39,412,192 48.8% 66.4% 50.6% 80,316,009 (535,214) FIRE & EMERGENCY SERVICES 41,626,945 45,903,819 21,028,451 3,367,229 21,508,139 51.1% 58.7% 53.1% 48,623,742 (2,719,923) NON DEPARTMENTAL 77,033,054 57,440,207 25,498,036 138,832 31,803,340 -14.4% 43.0% 44.6% 48,204,728 9,235,479 GRAND TOTAL 280,671,294 298,097,963 126,260,904 17,512,161 154,324,898 47.00% 49.6% 48.2% 275,624,689 22,473,273 0 FY 2023 MID-YEAR GENERAL FUND EXPENDITURES (AS OF DECEMBER 31, 2022) Attachment 3
Table 13: FY 2023 Projected General Fund Balance Attachment 4 FY 2022 FY 2023 FY 2023 FY 2023
Actual Adopted Rev ised Projected
Beginning Balance 36,838,797 74,141,617 74,141,617 74,141,617 Revenues
Property Taxes and Vehicle In-Lieu 88,741,015 97,107,088 97,107,088 101,533,907 Real Estate Transfer Taxes 49,419,314 34,462,172 34,462,172 34,462,172 Property Transfer Tax - Measure P 14,073,750 14,073,750 14,073,750 14,073,750 Sales Taxes 19,954,078 20,006,756 20,006,756 20,660,607 Utility Users Taxes and Franchise Fees 16,470,121 15,413,283 15,413,283 16,720,056 Hotel and STR Taxes 5,727,046 4,900,000 4,900,000 8,900,000 Business License Taxes 26,569,061 25,300,000 25,300,000 25,300,000 Fines and Fees 8,754,104 8,339,829 8,339,829 10,130,779 Interest and Other Revenue 27,464,596 16,461,418 16,461,418 17,994,018 Transfers from Other Funds 29,445,572 22,586,148 22,586,148 23,086,148 Revenues Total 286,618,657 258,650,444 258,650,444 272,861,437 Expenditures
Personnel
Personnel - Misc. 65,468,180 81,462,699 81,921,979 68,436,056 Salary & Wages 45,063,008 56,291,855 56,634,602 43,148,679 PERS - Misc 10,872,027 14,179,883 14,122,762 14,122,762 Fringe Benefits - Misc. 9,533,145 10,990,961 11,164,615 11,164,615 Personnel - Fire 33,965,013 30,162,577 30,254,954 32,054,954 Salary & Wages 17,879,289 15,794,564 15,995,637 17,795,637 PERS - Fire 9,354,144 7,921,611 7,921,611 7,921,611
Fringe Benefits - Fire 6,731,580 6,446,402 6,337,706 6,337,706 Personnel - Police 53,987,841 58,392,795 58,450,715 58,985,929 Salary & Wages 24,400,509 26,005,246 26,063,166 26,598,380 PERS - Police 17,090,869 19,175,192 19,175,192 19,175,192 Fringe Benefits - Police 12,496,463 13,212,357 13,212,357 13,212,357 Salary Savings 0 -9,553,792 -9,553,792 0
Tier 1 Funding Personnel Recurring 0 5,169,339 5,169,339 1,671,558 Tier 1 Funding Personnel Temporary 0 2,106,838 2,106,838 681,268 Personnel Total 153,421,034 167,740,455 168,350,033 161,829,765 Non-Personnel
Tier 1 Funding Non-Personnel 0 25,289,911 25,289,911 18,967,433 Tier 1 Funding CIP 0 1,511,000 1,511,000 906,600
Non-Personnel 55,117,836 42,570,645 58,135,491 48,385,011 Transfer Out 35,822,474 24,558,378 26,534,975 26,534,975 CIP (GF Transfer Out to CIP Fund, Includes Tier 1 4,954,493 19,000,905 19,000,905 19,000,905 Non-Personnel Total 95,894,803 112,930,839 130,472,282 113,794,924 Expenditures Total 249,315,837 280,671,294 298,822,315 275,624,689 Annual Surplus/Shortfall 37,302,820 (22,020,850) (40,171,871) (2,763,252) One-Time Use of Fund Balance
(Excess Property Transfer Tax) 22,020,850 40,171,871 2,763,252 Ending Balance 74,141,617 52,120,767 33,969,746 71,378,365
DEPARTMENT FY 2023
ADOPTED
BUDGET
FY 2023
REVISED
BUDGET*
YEAR TO
DATE
EXPENDED
ENCUMBRANCES AVAILABLE
BUDGET
TOTAL
PERCENTAGE
USED
FY 2023
PROJECTED
EXPENDITURES
FY 2023 PROJECTED
ENDING
BALANCE/(DEFICIT)
MAYOR AND COUNCIL 4,785,155 4,883, 236 1,790,943 69,853 3,022,440 38.1% 4,883,236 - CITY AUDITOR 3,101,376 3,103,155 1,239,080 7,380 1,856,695 40.2% 2,405,135 698,020 RENT STABILIZATION BOARD 7,247,755 7,858,094 3,205,523 1,461,593 3,190,977 59.4% 7,858,094 - POLICE ACCOUNTABILITY 1,422,432 1,250,444 330,343 52,342 867,759 30.6% 880,928 369,516 CITY MANAGER'S OFFICE 19,287,587 20,741,366 9,360,014 2,966,976 8,414,376 59.4% 20,541,213 200,153 BERKELEY PUBLIC LIBRARY 24,918,604 25,488,070 9,338,322 2,523,408 13,626,340 46.5% 22,171,058 3,317,012 CITY ATTORNEY 8,562,688 9,758,110 4,424,881 881,607 4,451,623 54.4% 9,636,828 121,282 CITY CLERK 3,501,282 3,312,609 1,177,536 252,008 1,883,065 43.2% 3,012,450 300,159 FINANCE 11,444,157 11,824,704 4,188,249 1,375,401 6,261,054 47.1% 10,898,157 926,547 HUMAN RESOURCES 5,009,883 5,171,822 1,785,539 242,194 3,144,089 39.2% 4,067,292 1,104,530 INFORMATION TECHNOLOGY 22,287,156 27,532,294 7,691,233 4,053,890 15,787,171 42.7% 25,632,718 1,899,576
HEALTH, HSG & COMMUNITY
SVC
95,182,974 160,876,413 47,969,154 40,494,723 72,412,536 55.0% 124,636,287 36,240,126 PARKS, RECREATION & WF 53,378,913 75,494,789 24,086,634 10,177,628 41,230,528 45.4% 62,873,376 12,621,413 PLANNING & DEVELOPMENT 29,022,035 30,802,863 11,859,892 2,565,724 16,377,247 46.8% 28,373,360 2,429,503 PUBLIC WORKS 203,608,562 265,236,595 69,256,749 43,076,741 152,903,105 42.4% 199,220,520 66,016,075 POLICE 87,444,720 86,363,420 41,934,698 857,812 43,570,911 49.5% 86,225,091 138,329 FIRE & EMERGENCY SERVICES 63,377,259 72,826,660 30,844,694 9,116,279 32,865,688 54.9% 74,706,313 (1,879,653) NON DEPARTMENTAL 110,594,086 116,672,894 62,946,383 329,646 53,396,864 54.2% 107,437,415 9,235,479 GRAND TOTAL 754,176,623 929,197,538 333,429,869 120,505,203 475,262,468 48.9% 795,459,472 133,738,066 *FY 2023 Revised does not reflect as of December 31, 2022 all Council approved allocations included in the FY 2023 AAO #1.
FY 2023 MID-YEAR ALL FUNDS EXPENDITURES (AS OF DECEMBER 31, 2022) Attachment 5
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
INFORMATION CALENDAR
March 21, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: LPO NOD: 1581 Le Roy Avenue/#LMSAP2022-0009
INTRODUCTION
The attached Landmarks Preservation Commission Notice of Decision (NOD) is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance (BMC/LPO) Section 3.24.240.A, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”
CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has approved a Structural Alteration Permit (SAP) for the subject City Landmark property. This action is subject to a 15-day appeal period, which began on March 7, 2023.
BACKGROUND
BMC/LPO Section 3.24.300 allows City Council to review any action of the Landmarks Preservation Commission in granting or denying a Structural Alteration Permit. For Council to review the decision on its merits, Council must appeal the Notice of Decision.
To do so, a Council member must move this Information Item to Action and then move to set the matter for hearing on its own. Such action must be taken within 15 days of the mailing of the Notice of Decision, or by March 21, 2023. Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.
If the Council chooses to appeal the action of the Commission, then a public hearing will be set. The Council must then rule on the designation within 30 days of closing the hearing, otherwise the decision of the Commission is automatically deemed affirmed.
Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.
LPO NOD: 1581 Le Roy Avenue/#LMSAP2022-0009 INFORMATION CALENDAR March 21, 2023
ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.
POSSIBLE FUTURE ACTION
The Council may choose to appeal the decision, in which case it would conduct a public hearing at a future date.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this action.
CONTACT PERSON
Fatema Crane, Principal Planner, Planning and Development, 510-981-7410 Attachments:
1: Notice of Decision – #LMSAP2022-0009 for 1581 Le Roy Avenue
Attachment 1, part 1
L A N D M A R K S
P R E S E R V A T I O N
C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: November 3, 2022
DATE NOTICE MAILED: March 6, 2023
APPEAL PERIOD EXPIRATION: March 21, 2023
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification): March 22, 20231 1581 Le Roy Avenue
#LMSAP2022-0009 to make alterations within the rear and side yard areas of a City Landmark property, in accordance with BMC Section 3.24.200.
The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following request:
Structural Alteration Permit
APPLICANT: Jerri Holan, Historic Architect, AIA, Jerri Holan & Associates ZONING DISTRICT: Single Family Residence, Hillside Overlay (R-1H) ENVIRONMENTAL REVIEW STATUS: Categorically exempt under the California Environmental Quality Act Guidelines, Section 15331 (Historical Resource Restoration and Rehabilitation).
1 Pursuant to BMC Chapter 3.24, the City Council may “certify” any decision of the LPC for review, which has the same effect as an appeal. In most cases, the Council must certify the LPC decision during the 14-day appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess, plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal or certification, the Use Permit becomes effective the day after the certification deadline has passed.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2022-0009
1581 Le Roy
March 6, 2023
The application materials for this project is available online at:
http://www.cityofberkeley.info/zoningapplications
FINDINGS FOR FINAL ACTION AND APPROVED PLANS ARE ATTACHED TO THIS NOTICE
COMMISSION VOTE: 7-0-2-0
YES: ADAMS, CRANDALL, ENCHILL, LEUSCHNER, MONTGOMERY, SCHWARTZ, TWU
NO: none
ABSTAIN: FINACOM, LINVILL
ABSENT: none
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):
To appeal a decision of the Landmarks Preservation Commission to the City Council you must:
1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley. The City Clerk’s telephone number is (510) 981-6900.
a. Pursuant to BMC Section 3.24.300.A, an appeal may be taken to the City Council by the application of the owners of the property or their authorized agents, or by the application of at least fifty residents of the City aggrieved or affected by any determination of the commission made under the provisions of Chapter 3.24.
2. Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):
a. The basic fee for persons other than the applicant is $500. This fee may be reduced to $100 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less. Signatures collected per the filing requirement in BMC Section 3.24.300.A may be counted towards qualifying for the reduced fee, so long as the signers are qualified. The individual filing the appeal must clearly denote which signatures are to be counted towards qualifying for the reduced fee.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2022-0009
1581 Le Roy
March 6, 2023
b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $2500.
3. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).
If no appeal is received, the permit will be final on the first business day following expiration of the appeal period.
NOTICE CONCERNING YOUR LEGAL RIGHTS:
If you object to this decision, the following requirements and restrictions apply:
1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Landmarks Preservation Commission at, or prior to, the public hearing.
2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will be barred.
4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.
5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, your appeal of this decision must include the following information:
A. That this belief is a basis of your appeal.
B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2022-0009
1581 Le Roy
March 6, 2023
C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.
If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.
PUBLIC COMMENT:
Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website.
Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission or committee for further information.
FURTHER INFORMATION:
Questions about the project should be directed to the project planner, Fatema Crane, at (510) 981-7413 or [email protected]. All project application materials, including full-size plans, may be viewed at the Permit Service Center (Zoning Counter), 1947 Center Street, 3 rd Fl., during regular business hours.
ATTACHMENTS:
1. Findings for Final Action
2. Project Plans, received SEPTEMBER 7, 2022
ATTEST: _________________________
Fatema Crane, Secretary
Landmarks Preservation Commission
cc: City Clerk
Applicant:
Jerri Holan, Historic Architect, AIA
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2022-0009
1581 Le Roy
March 6, 2023
Jerri Holan & Associate, 1323 Solano Avenue, #204, Albany, CA 94706 Property Owner:
Samuli Seppälä , 1581 Le Roy Avenue, Berkeley, CA 94704
A t t a c h m e n t 1, part 2
F i n d i n g s a n d C o n d i t i o n s
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]
1581 Le Roy Avenue – Hillside School
Structural Alteration Permit #LMSAP2022-0009
Structural Alteration Permit to complete landscape improvements in the yard areas of a City Landmark property, including construction of new retaining walls, terraces, decks, on-grade stairs and paths, a cantilevered bridge, a fence and gate.
FINDINGS REQUIRED UNDER CEQA
1. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 15331 of the CEQA Guidelines (“Historic Resource Restoration/Rehabilitation”). Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, and (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5.
FINDINGS RELATED TO THE SECRETARY OF THE INTERIOR’S STANDARDS Regarding the Secretary of the Interior’s Standards (SOI) for Rehabilitation, the Landmarks Preservation Commission of the City of Berkeley makes the following findings:
1. The historic elementary school use of the building and property was changed to residential use in 2020, and no further changes are proposed with this project.
2. This project does not propose the removal of the distinctive materials of the Hillside School Building. The proposed completion of the previously-approved guardrail/parapet wall and wall cap installation would not require removal or changes to the exterior stucco building material or design and configuration of the wall. All other proposed work related to the improvements in the yard area would not affect the building’s exterior and, therefore, would retain and preserve the historic building.
3. The proposed landscape improvements are designed in a contemporary style with materials and features that are compatible but unlike the Tudor Revival features of the Hillside School Buildings. For this reason, these improvements would not be conjectural or create a sense of false historical development.
1581 LE ROY AVENUE STRUCTURAL ALTERATION PERMIT -DRAFT Findings and Conditions
4. The Hillside School site does not feature changes that have acquired historical significance in their own right, therefore SOI Standard #4 is not applicable to the project.
5. Distinctive, character-defining features of this Ratcliff Tudor Revival design include the building’s steeply-pitched roof, decorative half-timbering, and pattern of openings and style of doors and windows. Such architectural features would not be affected by this proposal for landscape improvements.
6. As conditioned under COA #12, deteriorated historic features will be repaired rather than replaced. If the severity of deterioration requires replacement, then any new features must match the original in design, color, texture and material (where possible).
7. It is unlikely that chemical or physical treatments would be required for the proposed scope of work. However, if any such treatments are employed, then they shall be undertaken by the gentlest means possible as conditioned herein; COA #14.
8. Given the limited depth of proposed excavation, it is unlikely that surface materials or resources would be affected by this project, located on a site that is not known to be a source for such resources. However, if unexpected discoveries occur, then COA #6-9 shall require appropriate action to preserve and protect discoveries.
9. The proposed pathways, fences and gates, decks, terraces and retain walls would be made of contemporary materials and designed in a simple and functional manner that would differentiated from the Tudor Revival Ratcliff design. The proposed materials, such as wood, concrete and steel, are similar the historic building materials in their quality tone and texture. Therefore, the proposal is found to be generally compatible and, yet, sufficiently differentiated and consistent with this Standard.
10.Because the proposed landscape improvements would not affect the historic main building, their removal in the future could be undertaken without adverse effect on the historic design of the Hillside School Building.
FINDINGS REQUIRED UNDER LANDMARKS PRESERVATION ORDINANCE
1. As required by Section 3.24.260 of the Landmarks Preservation Ordinance, the Commission finds that the proposed work is appropriate for and consistent with the purposes of the Ordinance, and will preserve the characteristics and features specified in the designation for this property. Specifically:
a) The proposed scope of landscape improvements in the open yard areas of the Hillside School property would have little or no effect on the historic main building or its Tudor Revival architectural design and special character.
b) Owing to their proposed design that features high-quality materials in tones and textures that would be subtle within the open space context, these new landscape improvements are not found to be detrimental to the Hillside School Building or property overall, or to its relationship with the La Loma Park District.
1581 LE ROY AVENUE STRUCTURAL ALTERATION PERMIT -DRAFT Findings and Conditions
1581 LE ROY AVENUE STRUCTURAL ALTERATION PERMIT -DRAFT Findings and Conditions
STANDARD CONDITIONS
The following conditions, as well as all other applicable provisions of the Landmarks Preservation Ordinance, apply to this Permit:
1. Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Permit, under the title ‘Structural Alteration Permit Conditions’. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.
2. Plans and Representations Become Conditions
Except as specified herein, the site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or during the approval process are deemed conditions of approval.
3. Subject to All Applicable Laws and Regulations
The approved use and/or construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to construction, the applicant shall identify and secure all applicable permits from the Zoning Adjustments Board or Zoning Officer, Building and Safety Division, Public Works Department and other affected City divisions and departments.
4. Exercise and Lapse of Permits (Section 23.404.060.C) A. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.
B. A permit may be declared lapsed and of no further force and effect if it is not exercised within one year of its issuance, except that permits for construction or alteration of structures or buildings may not be declared lapsed if the permittee has: (1) applied for a building permit; or, (2) made substantial good faith efforts to obtain a building permit and begin construction, even if a building permit has not been issued and/or construction has not begun.
5. Indemnification Agreement
The applicant shall hold the City of Berkeley and its officers harmless in the event of any legal action related to the granting of this Permit, shall cooperate with the City in defense of such action, and shall indemnify the City for any award of damages or attorneys fees that may result.
1581 LE ROY AVENUE STRUCTURAL ALTERATION PERMIT -DRAFT Findings and Conditions
6. Halt Work/Unanticipated Discovery of Tribal Cultural Resources. In the event that cultural resources of Native American origin are identified during construction, all work within 50 feet of the discovery shall be redirected. The project applicant and project construction contractor shall notify the City Planning Department within 24 hours. The City will again contact any tribes who have requested consultation under AB 52, as well as contact a qualified archaeologist, to evaluate the resources and situation and provide recommendations. If it is determined that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with Native American groups. If the resource cannot be avoided, additional measures to avoid or reduce impacts to the resource and to address tribal concerns may be required.
7. Archaeological Resources (Ongoing throughout demolition, grading, and/or construction).
Pursuant to CEQA Guidelines Section 15064.5(f), “provisions for historical or unique archaeological resources accidentally discovered during construction” should be instituted.
Therefore:
A. In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 50 feet of the resources shall be halted and the project applicant and/or lead agency shall consult with a qualified archaeologist, historian or paleontologist to assess the significance of the find.
B. If any find is determined to be significant, representatives of the project proponent and/or lead agency and the qualified professional would meet to determine the appropriate avoidance measures or other appropriate measure, with the ultimate determination to be made by the City of Berkeley. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and/or a report prepared by the qualified professional according to current professional standards.
C. In considering any suggested measure proposed by the qualified professional, the project applicant shall determine whether avoidance is necessary or feasible in light of factors such as the uniqueness of the find, project design, costs, and other considerations.
D. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation measures for cultural resources is carried out.
E. If significant materials are recovered, the qualified professional shall prepare a report on the findings for submittal to the Northwest Information Center.
8. Human Remains (Ongoing throughout demolition, grading, and/or construction ). In the event that human skeletal remains are uncovered at the project site during ground- disturbing activities, all work shall immediately halt and the Alameda County Coroner shall be contacted to evaluate the remains, and following the procedures and protocols pursuant to CEQA Guidelines Section 15064.5 (e)(1) . If the County Coroner determines that the remains are Native American, the City shall contact the California Native American Heritage Commission (NAHC), pursuant to Health and Safety Code Section 7050.5(c), and all excavation and site preparation activities shall cease within a 50-foot radius of the find until appropriate arrangements are made. If the agencies determine that avoidance is not
1581 LE ROY AVENUE STRUCTURAL ALTERATION PERMIT -DRAFT Findings and Conditions
feasible, then an alternative plan shall be prepared with specific steps and timeframe required to resume construction activities. Monitoring, data recovery, determination of significance and avoidance measures (if applicable) shall be completed expeditiously.
9. Paleontological Resources (Ongoing throughout demolition, grading, and/or construction).
In the event of an unanticipated discovery of a paleontological resource during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards [SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project on the qualities that make the resource important, and such plan shall be implemented. The plan shall be submitted to the City for review and approval.
ADDITIONAL CONDITIONS
The following additional conditions are attached to this Permit:
10. The proposed project is approved as shown on the drawings dated “received September 7, 2022” subject to the following conditions.
11. No changes can be made to these approved plans without prior approval.
12. This Structural Alteration Permit is contingent upon Administrative Use Permit approval for the project.
13. Repair and replacement of character-defining features . Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old or historic feature in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
14. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.
15. COLORS Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit color and materials information for review and approval by Landmarks staff, in coordination with the LPC Chair as needed.
16. DETAILS Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit window, door, base, and trim details for review and approval by the Landmarks plan checker.
1581 LE ROY AVENUE STRUCTURAL ALTERATION PERMIT -DRAFT Findings and Conditions
17. LIGHTING Prior to Landmarks plan checker sign-off of the building permit set of drawings, the applicant shall submit lighting details showing all existing and proposed site and building lighting. Exterior lighting, including for signage, shall be downcast and not cause glare on the public right-of-way and adjacent parcels.
18. The applicant shall be responsible for identifying and securing all applicable permits from the Building and Safety Division and all other affected City divisions/departments prior to the start of work.
19. The applicant is responsible for complying with all the above conditions. Failure to comply with any condition could result in construction work being stopped, issuance of citations, as well as further review by the Landmarks staff, which may modify or impose additional conditions, or revoke approval.
20. All building permit drawings and subsequent construction shall substantially conform to the approved plans as outlined in Condition #1. Any modifications must be reviewed by the Landmarks plan checker to determine whether the modification requires approval.
21. The applicant shall hold harmless, defend, and indemnify the City of Berkeley and its officers, agents, and employees against any and all liability, damages, claims, demands, judgments or other losses (including without limitation, attorney’s fees, expert witness and consultant fees and other litigation expenses), referendum or initiative relating to, resulting from or caused by, or alleged to have resulted from, or caused by, any action or approval associated with the project. The indemnity includes without limitation, any legal or administrative challenge, referendum or initiative filed or prosecuted to overturn, set aside, stay or otherwise rescind any or all approvals granted in connection with the Project, any environmental determination made for the project and granting any permit issued in accordance with the project. This indemnity includes, without limitation, payment of all direct and indirect costs associated with any action specified herein. Direct and indirect costs shall include, without limitation, any attorney’s fees, expert witness and consultant fees, court costs, and other litigation fees. City shall have the right to select counsel to represent the City at Applicant’s expense in the defense of any action specified in this condition of approval. City shall take reasonable steps to promptly notify the Applicant of any claim, demand, or legal actions that may create a claim for indemnification under these conditions of approval.
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C:\Users\Jerri Holan\Documents\JerriHolanAndAssoc\drawings\HILLSIDE 2\PLANNING DRAWINGS\HILLSIDE 2.PLANNING.090622.pln Phase 2
Site Repairs & Improvements for
Hillside School
aka
SEPPÄLÄ RESIDENCE
1581 Le Roy Avenue
Berkeley, CA
JERRI HOLAN & ASSOCIATES
ARCHITECT * ENGINEERS * PLANNERS
1323 Solano Avenue, Suite 204, Albany, CA 94706
www.holanarchitects.com 510.528.1079
Revisions:
Issue Date:TITLE SHEET
9/7/22 - Submitted to City for Use & Structural Alteration Permits
9/1/22 - Distributed Plans to Neighbors
PROJECT
SITE
APPROX. SCALE: 1" =100'
1 VICINITY MAP
T-1
PLANNING, ZONING, & BUILDING INFORMATION:
APN: 058-2245-009-03 Fire Zone 2
Zoning: R-1H Single-family Residential Occupancy (R-3) Three-story, Type VB Construction, Fully Sprinklered
Lot Size: 117,546 sf Footprint Size: 25,695 sf
SCOPE OF ALTERATION WORK
(EXTERIOR SITE WORK, NO SQUARE FOOGAGE BEING ADDED):
1) RESTORE NORTH TERRACE AND ADD PEDESTRIAN RAMP;
2) ADD EAST TERRACE AT SECOND-FLOOR LIVING ROOM;
3) REPLACE EXISTING EAST STAIRS AT LA LOMA AND ADD SIDEWALK ART TERRACE;
4) REPLACE EXISTING CONCRETE DRIVEWAY AND ADD
TURN-AROUND AREA;
5) REMODEL REAR (EAST) ROOF TERRACE WITH STUCCO & GLASS GUARD RAILS;
6) ADD SOLAR PANELS.
E X I S T I N G R E A R P H O T O S , 2 0 2 2
PARCEL CONDITIONS:
1) Building is on the National Register of Historic Places and is a City Landmark;
2) Building is in the
Fault Zone;
3) Building is in the Landslide Zone;
4) Building is not in a Creek Zone.
5 DRAWING INDEX
T-1 TITLE SHEET
T-
2 NEIGHBORHOOD OUTREACH
A-
1 SITE & ROOF
PLAN
A-2 PARTIAL ELEVATIONS & ROOF TERRACE DETAILS
TS-0 SURVEY
TS-1 TOPOGRAPHIC SURVEY
TS-2 TOPOGRAPHIC SURVEY
L1.0 GENERAL LEGENDS & NOTES
L2.0 MASTER LANDSCAPE PLAN - REAR YARD
L2.1 SOUTHERN REAR YARD & GRADING PLAN
L2.2 NORTHERN REAR YARD & GRADING PLAN
L3.0 LANDSCAPE SECTIONS
L3.1 3D VIEWS
L3.2 MATERIALS AND FINISHES
PROJECT DIRECTORY:
OWNER
SAMULI SEPPÄLÄ
1581 Le Roy Avenue
Berkeley, CA
ARCHITECT
Jerri Holan & Associates
1323 Solano Avenue, Suite 204
Albany, CA 94706
T: 510/528-1079 EM: [email protected]
LANDSCAPE ARCHITECT
PGA Design
444 17th Street
Oakland, CA 94612
T: 510/465-1284 EM: garreĴ@pgadesign.com
STRUCTURAL ENGINEER
Wiss, Janey, Eltstner Associates Inc.
2000 Powell Street, Suite 1650
Emeryville, CA 94608
T: 510/428-2907 EM: [email protected]
MECHANICAL & ELECTRICAL ENGINEERS
FARD Engineers
309 Lennon Lane, Suite 200
Walnut Creek, CA 94598
T: 925/932-5505 EM: [email protected]
SOILS ENGINEER
Alan Kropp & Associates, Inc.
2140 ShaĴuck Avenue
Berkeley, CA 94704
T: 510/841-5095 EM: [email protected]
SURVEYOR
DMG Engineering, Inc.
30 Oakvue Court
Pleasant Hill, CA 94523
T: 925/787-0463 EM: [email protected]
EXISTING NORTH TERRACE EXISTING ROOF EXISTING LA LOMA YARDEXISTING ROOF EXISTING SOUTHERN SIDE YARD EXISTING DRIVEWAY Attachment 1, part 3
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C:\Users\Jerri Holan\Documents\JerriHolanAndAssoc\drawings\HILLSIDE 2\PLANNING DRAWINGS\HILLSIDE 2.PLANNING.090622.pln Phase 2
Site Repairs & Improvements for
Hillside School
aka
SEPPÄLÄ RESIDENCE
1581 Le Roy Avenue
Berkeley, CA
JERRI HOLAN & ASSOCIATES
ARCHITECT * ENGINEERS * PLANNERS
1323 Solano Avenue, Suite 204, Albany, CA 94706
www.holanarchitects.com 510.528.1079
Revisions:
Issue Date:NEIGHBORHOOD
OUTREACH
9/7/22 - Submitted to City for Use & Structural Alteration Permits
9/1/22 - Distributed Plans to Neighbors
I have reviewed the plans for Phase 2 at Hillside School (1581 Le Roy Avenue) for site work that includes a replacement driveway, new eastern stairs and a bridge, and the repair and restoration of the North Terrace.
NEIGHBORHOOD SIGNATURES
Printed
Name
Signature Address Owner or
Renter
Date Have No
Objections
Have Objections
(Please state briefly)
Have No
Comment
2530
Buena Vista
2535
Buena Vista
2545
Buena Vista
2555
Buena Vista
2564
Buena Vista
2565
Buena Vista
2573
Buena Vista
1520
Le Roy
1526
Le Roy
1536
Le Roy
1540
Le Roy
1542
Le Roy
1544
Le Roy
1546
Le Roy
1550
Le Roy
1554
Le Roy
1562
Le Roy
1570
Le Roy
1578
Le Roy
1580
Le Roy
1584
Le Roy
1586
Le Roy
1590
Le Roy
1595
Le Roy
1512
La Loma
1514
La Loma
1515
La Loma
1521
La Loma
1525
La Loma
1528
La Loma
1530
La Loma
1542
La Loma
1544
La Loma
1546
La Loma
1550
La Vereda
1555
La Vereda
2639
Cedar
2641
Cedar
1521
Hill Court
TRANSMITTAL MEMO
To: Neighbors of Hillside School
Date: September 1, 2022
From: Samuli Seppälä, Owner, Hillside School, 1581 Le Roy Avenue As part of my renovations at Hillside School, I need to conduct site improvements to make the property safer and more functional as a residence. The improvements should be my last and final Phase 2 of the School rehabilitation project. They include the repair and restoration of the North Terrace with the addition of a wheelbarrow ramp; replacing the existing stairs at La Loma and adding an art terrace and bridge; replacing the existing driveway and adding a turn around space behind the old Kindergarten building; and adding solar panels on the rear roof which won’t be visible to the public.
Please look over the enclosed plans which illustrate the scope of work and share with me any concerns or issues you may have with my proposal. On Sheet T-2, you will find a Signature Table for your comments. Next to your address, print and sign your name and list any comments or objections there. Take as much space as you need and add additional sheets if you need. Even if you have no comments, I would appreciate your signature on the Table per City requirements. All of your comments will be reviewed by me and transmitted to City staff.
If you have any questions, please contact the Architect, Jerri Holan, at her office below. We’ll try and respond as soon as we can.
Finally, if you could return the signed Sheet T-2 to the School or the Architect’s office by September 30, we would appreciate it.
Thank you for your time,
Samuli Seppälä
1581 Le Roy Avenue
Berkeley, CA 94708
Enclosures
Tel: 510.528.1079 1 323 Solano Avenue, Suite 204, Albany, California 94706 Fa x: 510.528.1079 Website: www.holanarchitects.com Ema il: [email protected]
LE ROY AVENUE SIGN
BUENA VISTA WAY SIGN
LA LOMA AVENUE SIGN
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C:\Users\Jerri Holan\Documents\JerriHolanAndAssoc\drawings\HILLSIDE 2\PLANNING DRAWINGS\HILLSIDE 2.PLANNING.090622.pln Phase 2
Site Repairs & Improvements for
Hillside School
aka
SEPPÄLÄ RESIDENCE
1581 Le Roy Avenue
Berkeley, CA
JERRI HOLAN & ASSOCIATES
ARCHITECT * ENGINEERS * PLANNERS
1323 Solano Avenue, Suite 204, Albany, CA 94706
www.holanarchitects.com 510.528.1079
Revisions:
Issue Date:SITE & ROOF PLAN
9/7/22 - Submitted to City for Use & Structural Alteration Permits
9/1/22 - Distributed Plans to Neighbors
CUT & FILL TABLE
(See Landscape Grading Plans L2.0 - 3.0)
AREA CUT (cu. yd.) FILL (cu. yd.)
Driveway 164
Turn Around 50
La Loma Stairs & Overlooks 15
East Terrace 101
Vineyard Retaining Walls 201
Wheelbarrow Ramp 31
Cisterns 87
TOTAL FILL 164
TOTAL CUT 485
0 10' 20' 40'
LE ROY AVENUE
LE LOMA AVENUE
PLAN NORTH
G
ROOF TERRACE
EXISTING PARKING AREA #1
NEW RETAINING WALLS
REPLACE EXISTNG DRIVEWAY
IN KIND WITH NEW CONCRETE DRIVEWAYSLOPEDOWN
POOL
NEW WHEELBARROW RAMP
UP
NEW SOLAR PANELS
(E) GATE
LE ROY AVENUE
BUENA VISTA WAY
EAST TERRACE
NEW TERRACE
REPAIR NORTH TERRACE
& RETAINING WALLS
NEW VINEYARD &
RETAINING WALLS
EXISTING
REDWOODS
TO REMAIN
EXISTING OAK
TO REMAIN
EXISTING OAK
TO REMAIN
NEW VIEWING DECK
NEW 42" HIGH GLASS GUARDRAIL
SEE LANDSCAPE
PLAN SHEET L2.2
FOR NORTHERN
IMPROVEMENTS
SEE LANDSCAPE
PLAN SHEET L2.1
FOR SOUTHERN
IMPROVEMENTS
SEE ARCHITECTURAL
ELEVATIONS SHEET
A-2 FOR GUARDRAIL
MODIFICATIONS AT
ROOF TERRACE
2'
BRIDGE
ART TERRACE
SEATING
INFINITY EDGE
2'
TURN
AROUND
DRIVEWAY
NORTH TERRACE
SCALE: 1" = 20'
4 SITE & ROOF PLAN
A-1
GENERAL AND SITE PLAN NOTES:
1. These Drawings and Specifications may not be used for construction unless corresponding Drawings signed by the Architect and approved by the building department, with appropriate permits, are in the possession of the General Contractor or Owner.
2. Use of these drawings constitutes acceptance.
3. Drawings and Specifications, as instruments of service, are and shall remain the property of the architect whether the project is executed or not. The owner may be permitted to retain copies for information and reference in connection with the use and occupancy of the project. The Drawings and Specifications shall not be used by the owner or anyone else without permission from the architect.
4. The architect will not be responsible for any changes in, or divergence from, the plans, specifications, or details unless such are specifically allowed in writing by the architect.
5. The architect does not accept responsibility for any changes made necessary by building codes , laws, or ordinances.
All contractors, subcontractors, fabricators, and other persons utilizing these plans are advised to verify any and all aspects of these plans and any inconsistencies between them and actual conditions or requirements of equipment , materials, local codes or ordinances. Any such inconsistencies shall be brought to the attention of the architect in a timely fashion so that they may be resolved or clarified.
6. All work shall conform to the 2023 California Building Code (CBC), the 2023 California Residential Code (CRC), the 2023 California Historical Building Code (CHBC), the 2023 California Existing Building Code, and The Secretary of the Interior's Standards for the Treatment of Historic Properties 1995 and any other applicable local codes, regulations, and ordinnces.
7. By executing the Work, the contractor represents that he has visited the site, familiarized himself with the local conditions under which the work is to be performed, and correlated his observations with the requirements of the Drawings and Specifications. The Site Plan does not constitute a survey and its accuracy should be verified in the field.
8. The Contractor shall be responsible for coordinating the work of all trades. All subcontractors shall coordinate work with each other.
9. The contractor shall be responsible for protection of all trees and other conditions to remain with the construction area .
10. The site shall be kept clean at all times. Materials indicated to be reinstalled shall be stored and protected onsite unless otherwise noted. Upon completion of the work and prior to acceptance by Owner, contractor shall conduct a final, thorough cleanup of site and building.
11. Any work not shown or specified which can reasonably be inferred or defined as belonging to the work and necessary to complete any system shall be the responsibility of the contractor.
12. All items not noted as new (N) are existing.
13. All existing construction shall be patched as required to make surfaces whole, sound, and to match existing adjacent construction except as otherwise noted.
SECRETARY OF THE INTERIOR STANDARDS FOR
REHABILITATING HISTORIC BUILDINGS:
As a property on the National Register of Historic Properties, the following Standards shall be followed:
Standard 1 - A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
Standard 2 - The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.
Standard 3 - Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties will not be undertaken.
Standard 4 - Changes to a property that have acquired historic significance in their own right will be retained and preserved.
Standard
5 - Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
Standard 6 - Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
Standard 7 - Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible.
Treatments that cause damage to historic materials will not be used.
Standard 8 - Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
Standard 9 - New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale, and proportion and massing to protect the integrity of the property and its environment.
Standard 10 - New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 2019 CALIFORNIA HISTORICAL BUILDING CODE (CHBC)
NOTES:
As a qualified historic building, the application of the following provisions of the CHBC apply:
SECTION 8-102.1.6 - Qualified buildings shall not be subject to additional work required by the regular code beyond that required to complete the work undertaken.
SHEET
of 4
A-2
C:\Users\Jerri Holan\Documents\JerriHolanAndAssoc\drawings\HILLSIDE 2\PLANNING DRAWINGS\HILLSIDE 2.PLANNING.090622.pln Phase 2
Site Repairs & Improvements for
Hillside School
aka
SEPPÄLÄ RESIDENCE
1581 Le Roy Avenue
Berkeley, CA
JERRI HOLAN & ASSOCIATES
ARCHITECT * ENGINEERS * PLANNERS
1323 Solano Avenue, Suite 204, Albany, CA 94706
www.holanarchitects.com 510.528.1079
Revisions:
Issue Date:PARTIAL
ELEVATIONS &
ROOF TERRACE
DETAILS
9/7/22 - Submitted to City for Use & Structural Alteration Permits
9/1/22 - Distributed Plans to Neighbors
EXIST. SECOND FLOOR
EXIST. THIRD FLOOR
EXIST. PARKING LOT GRADE
LOWER WING NOT SHOWN FOR CLARITY
NEW RETAINING WALL AND
CONCRETE DRIVEWAY
(SLOPES UP), SEE LANDSCAPE
DRAWINGS
EXIST. 1963 STUCCO ADDITION
NEW 42" HIGH STUCCO
GUARDRAIL W/HISTORIC
STONE CAP (TYP.)
EXISTING GRADE
EXIST. FIRST
FLOOR
EXIST. SLATE ROOF
4 A-2
INFINITY EDGE POOL
GARAGE
FLOOR
EXIST. SECOND FLOOR
NEW 42" HIGH STUCCO
GUARDRAIL AND STONE
CAP, MATCH EXISTING
STUCCO TEXTURE AND
COLOR (TYP.)
EXIST. THIRD FLOOR & LOWER TERRACE
EXIST. 1963 STUCCO ADDITION
EXIST. FIRST FLOOR LEVEL
EXIST. 2-STORY
WING BEYOND
EXIST. SLATE ROOF
(BEYOND)
4 A-2
METAL GATE
REMOVE
EXISTING
WINDOWS
(TYP.)
NEW UPPER TERRACE FLOOR
NEW BRIDGE
NEW
LIGHT
POSTS
NEW 51" HIGH STUCCO
GUARDRAIL AND STONE
CAP, MATCH EXISTING
STUCCO TEXTURE AND
COLOR (TYP.)
0 4' 8' 16'
EXIST. SECOND FLOOR
EXIST. THIRD FLOOR
EXIST. 1963 STUCCO ADDITION
EXIST. SLATE ROOF
EXIST. SLATE ROOF
EXIST. 2-STORY WING
4 A-2
EXIST. FIRST FLOOR
NEW 42" HIGH GLASS GUARDRAIL
NEW 42" HIGH GLASS GUARDRAIL
NEW HISTORIC CAP
ON EXISTING
RETAINING WALL
1" REINFORCED STUCCO TO
MATCH EXISTING STUCCO
TWO LAYERS TYPICAL
BUILDING PAPER, SEE
FLOOR PLAN NOTES
1"2"3 1/2"
1 1/4"
3/4"
8 1/2"
12"
9"
24" LONG CAST CONCRETE
CAP TO MATCH EXISTING.
CASTING BY CALIFORNIA
STONECRAFT (707/554-4430)
G.C. TO PROVIDE SECTION OF
EXIST. WALL CAP TO CALIF.
STONECRAFT
1/2"
2"
2 X 4 PRESERVATIVE TREATED FRAMING
LAP GRACE BITUTHANE HEAVY-
DUTY WATERPROOF MEMBRANE
DOWN 3" OVER BLDG. PAPER
4 X 4 PRESERVATIVE TREATED BLOCKING
WAC INVISILED PRO OUTDOOR TAPE
24V LIGHT, SEE LIGHTING PLANS
NEW WALL SHEATHING, S.S.D.
ATTACH TAPE LIGHT TO CAP WITH WAC MOUNTING
CLIP @ 6" - 8" O.C. PREDRILL PILOT HOLES AND USE
CONCRETE SCREWS
SCALE: 1/8" = 1'-0"
1 SOUTH ELEVATION DETAIL
A-2 SCALE: 1/8" = 1'-0"
2 EAST ELEVATION DETAIL
A-2
SCALE: 1/8" = 1'-0"
3 NORTH ELEVATION DETAIL
A-2SCALE: 3" = 1'-0"
4 STONE CAP DETAIL
A-2
EAST
ELEVATION
PHOTO
NORTH ELEVATION PHOTO
SOUTH
ELEVATION
PHOTO
IRRIGATION DESIGN INTENT
IRRIGATION SYSTEM IS DESIGNED TO PROVIDE THE MINIMUM AMOUNT OF WATER NECESSARY TO SUSTAIN GOOD PLANT HEALTH. ALL
SELECTED COMPONENTS ARE COMMERCIAL GRADE, SELECTED FOR
DURABILITY, VANDAL RESISTANCE AND MINIMUM MAINTENANCE
REQUIREMENT.
THE SYSTEM IS SUBSURFACE IRRIGATION AS APPROPRIATE TO PLANT TYPE, EXPOSURE AND SLOPE CONDITIONS.
CONTROL OF THE SYSTEM IS VIA A WEATHER-ENABLED CONTROLLER
CAPABLE OF DAILY SELF-ADJUSTMENT BASED ON REAL-TIME WEATHER CONDITIONS AS MEASURED BY AN ON-SITE WEATHER SENSOR.
THE SYSTEM INCLUDES A MASTER CONTROL VALVE AND FLOW
SENSING CAPABILITY WHICH WILL SHUT DOWN ALL OR PART OF THE SYSTEM IF LEAKS ARE DETECTED.
MWELO CONFORMANCE
THE PROJECT PLANTING AND IRRIGATION DESIGN WILL BE DESIGNED
WITH LOW WATER USE PLANTS AND EFFICIENT IRRIGATION SYSTEM
WHICH WILL MEET THE STATE'S MODEL WATER EFFICIENT LANDSCAPE ORDINANCE. COMPLETED CALCULATIONS AND WORKSHEETS WILL BE PROVIDED DURING BUILDING PERMIT PHASE.
PLANTS SELECTED WILL BE LOW WATER USE AND IRRIGATION WILL
CONSIST OF SUBSURFACE DRIP WITH A SMART IRRIGATION
CONTROLLER.
LANDSCAPE GENERAL NOTES
1. EXISTING SITE INFORMATION IS PROVIDED ON THE SURVEY PLAN BY DMG ENGINEERING, INC. LANDSCAPE ARCHITECT ASSUMES NO
RESPONSIBILITY OR LIABILITY FOR COMPLETENESS OR ACCURACY OF PLANS PROVIDED BY OTHERS.
2. `TYP' OR TYPICAL MEANS THAT THE CONDITION IS REPRESENTATIVE FOR SIMILAR CONDITIONS THROUGHOUT, UNLESS OTHERWISE NOTED.
DETAILS ARE USUALLY NOTED 'TYP' ONLY ONCE WHEN THEY FIRST OCCUR.
3. NOTES AND SYMBOLS ON ONE DRAWING APPLY TO OTHER SIMILAR DETAILS AND CONDITIONS.
4. BECOME ACQUAINTED WITH SUBGRADE UTILITIES, PIPES AND STRUCTURES. SHOULD UTILITIES OR OTHER WORK NOT SHOWN ON THE
PLANS BE FOUND DURING EXCAVATIONS, PROMPTLY NOTIFY OWNER'S REPRESENTATIVE. FAILURE TO DO SO WILL MAKE CONTRACTOR LIABLE
FOR DAMAGE ARISING FORM HIS OPERATIONS SUBSEQUENT TO
DISCOVERY OF SUCH UTILITIES NOT SHOWN ON PLANS.
5. DIMENSIONS ARE FROM OUTSIDE FACE OF BUILDING OR WALLS, UNLESS
OTHERWISE NOTED, AND ARE TO BE VERIFIED IN THE FIELD PRIOR TO CONSTRUCTION AND MAJOR EXCAVATION. WRITTEN DIMENSIONS TAKE PRECEDENCE OVER SCALING.
6. UNLESS OTHERWISE NOTED, ANGLES TO BE RIGHT ANGLES, ARCS WHICH
APPEAR TANGENT AND UNIFORM ARE TO BE TANGENT AND UNIFORM,
LINES WHICH APPEAR PARALLEL ARE TO BE PARALLEL, AND ITEMS WHICH
APPEAR CENTERED TO BE CENTERED, MAINTAIN LINES TRUE, LEVEL, PLUMB, AND SQUARE.
7. REFER TO GRADING PLANS FOR GRADING AND DRAINAGE STRUCTURES
PRIOR TO INSTALLATION OF WALKS, WALLS, FOOTINGS, AND OTHER STRUCTURES.
8. LANDSCAPE ARCHITECT TO APPROVE LAYOUT IN THE FIELD PRIOR TO CONSTRUCTION. AT TIME OF FIRST SITE VISIT AND BEFORE ANY MAJOR
EXCAVATION, THE GENERAL LAYOUT OF SITE ELEMENTS SHOULD BE CONFIRMED. IN A SEPARATE SITE VISIT, LANDSCAPE ARCHITECT TO CONFIRM LAYOUT OF FORMS.
9. VERIFY THAT CONDUITS AND SLEEVES ARE PLACED PRIOR TO POURING CONCRETE PAVING.
10. LOCATE ELECTRICAL JUNCTION BOXES FOR LIGHTS IN PLANTING AREAS UNLESS SHOWN OTHERWISE. LAYOUT TO BE APPROVED BY THE OWNER'S REPRESENTATIVE PRIOR TO TRENCHING.
11. CAREFULLY REVIEW LANDSCAPE IRRIGATION PLANS AND NOTES TO
IDENTIFY LOCATIONS WHERE PIPE, SLEEVES, SANDBED OR CONDUIT
MUST BE PLACED PRIOR TO PLACEMENT OF FORMWORK FOR
INSTALLATION OF CONCRETE, OTHER PAVING, OR WALLS. COORDINATE
WITH OTHER TRADES TO INSTALL IRRIGATION PIPE, SLEEVE,
SANDBEDDING, OR CONDUIT. SHOULD CONFLICTS ARISE REVIEW WITH OWNER'S REPRESENTATIVE FOR RESOLUTION.
12. QUANTITIES PROVIDED ARE FOR INFORMATION ONLY, VERIFY QUANTITIES AND NOTIFY OWNER OF DISCREPANCIES.
13. VERIFY PROPERTY BOUNDARIES AND LOT LINES PRIOR TO
COMMENCEMENT OF WORK.
GENERAL SYMBOLS & ABBREVIATIONS
PROPERTY LINE
POINT OF BEGINNING
CENTERLINE
1 A101
A101
1 DETAIL CALLOUT
SECTION CALLOUT
EQ. EQUAL
O.C. ON CENTER
N.I.C. NOT IN CONTRACT
NO. NUMBER
TYP. TYPICAL
QTY. QUANTITY
V.I.F. VERIFY IN FIELD
S.A.D. SEE ARCHITECTURAL DRAWINGS
S.C.D. SEE CIVIL DRAWINGS
S.S.D. SEE STRUCTURAL DRAWINGS
S.M.D. SEE MECHANICAL DRAWINGS
S.E.D. SEE ELECTRICAL DRAWINGS
L A N D S C A P E A R C H I T E C T S
OF SHEETS
DRAWN CHECKED
SCALE
DATE
444 17th Street
Oakland CA 94612
tel 510.465.1284
pgadesign.com
STAMP
DRAWING STATUS
SHEET TITLE
HILLSIDE SCHOOL
1581 LE ROY AVE.
BERKELEY, CA 94708
9/7/2022
KT CG
DATE
PLANNING SUBMITTAL
PHASE 2
9/7/22
1" = 10'-0"
BIM 360://Hillside School-19-10315/Hillside School-Landscape-CENTRAL_kari_tanaka.rvt L1.0
GENERAL LEGENDS
AND NOTES
LANDSCAPE SHEETS
L1.0 GENERAL LEGENDS AND NOTES
L2.0 MASTER PLAN - REAR YARD OVERALL
L2.1 MASTER PLAN AND PRELIMINARY GRADING
REAR YARD ENLARGEMENT 1
L2.2 MASTER PLAN AND PRELIMINARY GRADING
REAR YARD ENLARGEMENT 2
L3.0 LANDSCAPE SECTIONS
L3.1 3D VIEWS
L3.2 MATERIALS AND FINSHES
No. Date Description
LA LOM
A AVE.
RESIDENCE
12' - 0"
FFE
561.5'
CONCRETE TERRACE
OVERLOOK
PRIMARY ENTRY
FROM SIDEWALK
VINEYARD
LIVING ROOM
TERRACE
POOL
ROOF
TERRACE
24' - 11"
VIEW DECK
561.45
CONCRETE
WHEELBARROW
PATH
CONCRETE
TERRACE
RENOVATION
+547.0
14' - 0"
REDWOOD TREES
TO REMAIN AND
PROTECT
RETAINING WALL AT DRIVEWAY
TURNAROUND, S.S.D.
SEE ENLARGEMENT 1 - L2.1
SEE ENLARGEMENT 2 - L2.2
ACCESS GATE
BUENA VISTA WAY
11' MIN.
ACCESS STAIRS
SPA
ACCESS STAIRS
13' MIN.
0 10 20 30 50ft
11%
#6
#3#4
#5
#1
#2
REPLACE EXISTING DRIVEWAY,
MAINTAIN SIMILAR GRADES. SEE
TOPOGRAPHIC SURVEY BY DMG
ENGINEERING
LE ROY AVE.
PLANT COUNT FOR REAR YARD IMPROVEMENTS
-8 TREES TO REMAIN AND PROTECT
-3 TREES TO REMOVE
SEE ARBORIST REPORT FOR ADDITIONAL INFORMATION.
L A N D S C A P E A R C H I T E C T S
OF SHEETS
DRAWN CHECKED
SCALE
DATE
444 17th Street
Oakland CA 94612
tel 510.465.1284
pgadesign.com
STAMP
DRAWING STATUS
SHEET TITLE
HILLSIDE SCHOOL
1581 LE ROY AVE.
BERKELEY, CA 94708
9/7/2022
KT CG
DATE
PLANNING SUBMITTAL
PHASE 2
9/7/22
1" = 20'-0"
BIM 360://Hillside School-19-10315/Hillside School-Landscape-CENTRAL_kari_tanaka.rvt L2.0
MASTER PLAN - REAR
YARD OVERALL
No. Date Description
LEGEND
TILE
CONCRETE PAVING, STAIRS
AND WALLS
WOOD DECKING
SHRUBS AND PERENNIALS
TIMBER TIE STAIRS
CONCRETE RETAINING WALL
8" EXISTING WALLS TO REMAIN
8' WELDED WIRE MESH FENCE
EXISTING TREES TO REMAIN
GABION WALL ATTACHED
TO CONCRETE WALL
EXISTING GRADE
PROPOSED GRADE XX.XX
(E) XX.XX
12" EXISTING WALLS TO REMAIN
4 L3.0
RESIDENCE
FFE
561.5'
POOL
24' - 11"
561.45
14' - 0"
SPA
0 5 10 15 25ft
LA LOM
A AVE.
8' WELDED WIRE
MESH FENCE
REMOVE EXISTING CONCRETE
STAIRS AND LANDINGS
42" GUARDRAIL AT
PERIMETER
OVERLOOK
SEATING AREA
CONCRETE
RETAINING WALL,
TYP.
KEEP EXISTING WALLS -
CUT DOWN TO FG
DOUBLE GATE AT
SIDEWALK
NEW CONCRETE
STAIRS AND
LANDING
3'X10' A.C. AREA
567.0
CANTILEVERED BRIDGE
OVER STEEL FRAMING
LIVING ROOM
TERRACE
EXISTING RETAINING
WALL TO REMAIN
CONCRETE
ACCESS STAIRS
WOOD
DECKING
PARAPET GUARDRAIL,
S.A.D.
TW 561.25
BW 559.5
TW 561.25
BW 559.5
FAUX GABION WALL
ATTACHED TO CONCRETE
RETAINING WALL UNDER
WALKWAY
(E)
542.21
(E)
556.0
+547.0
GLASS RAILING AND
VINEYARD VIEW AT
UPPER TERRACE LEVEL
(E) REDWOOD TREES \ TO
REMAIN AND PROTECT
NEW 9' MAX.
RETAINING WALL,
S.S.D.
TIMBER TIE STAIRS
FOR MAINTENANCE ACCESS
ACCESS GATE
+549.0
(E) COAST LIVE
OAK TO REMAIN
AND PROTECT
REPLACE EXISTING DRIVEWAY,
MAINTAIN SIMILAR GRADES
CONCRETE
DRIVEWAY
TURNAROUND
TW 568.0
BW 567.0
RETAIN EXISTING
WOOD FENCE
+
542.5
CISTERN
#2
TILE POOL
PATIO
10' X 20' CONCRETE
TERRACE OVERLOOK
CISTERN, TYP.
CISTERN
#3
CISTERN
#4
CISTERN
#6
2R
2' - 0"
5 L3.0
13' - 5"
1 L2.1
(E) COAST LIVE
OAK TO REMAIN
AND PROTECT
(E) REDWOOD TREES TO
REMAIN AND PROTECT
(E) COAST LIVE OAK TO
REMAIN AND PROTECT
SETBACK
4' - 0"
PLANTING
AREA
EXISTINGE WOOD
FENCE ATOP
RETAINING WALL
PROPERTY LINE
9' MAX. RETAINING
WALL WITH
HISTORICAL CAP
L A N D S C A P E A R C H I T E C T S
OF SHEETS
DRAWN CHECKED
SCALE
DATE
444 17th Street
Oakland CA 94612
tel 510.465.1284
pgadesign.com
STAMP
DRAWING STATUS
SHEET TITLE
HILLSIDE SCHOOL
1581 LE ROY AVE.
BERKELEY, CA 94708
9/7/2022
KT CG
DATE
PLANNING SUBMITTAL
PHASE 2
9/7/22
As indicated
BIM 360://Hillside School-19-10315/Hillside School-Landscape-CENTRAL_kari_tanaka.rvt L2.1
MASTER PLAN AND
PRELIMINARY
GRADING REAR YARD
ENLARGEMENT 1
1/4" = 1'-0"1 SECTION 5 - DRIVEWAY RETAINING WALL
No. Date Description
LEGEND
CONCRETE PAVING, STAIRS
AND WALLS
WOOD DECKING
SHRUBS AND PERENNIALS
12" CONCRETE RETAINING WALL
6' WELDED WIRE MESH FENCE
EXISTING TREES TO REMAIN
EXISTING TREES TO REMOVE
OR HAVE ALREADY BEEN REMOVED
6" CONCRETE RETAINING WALL
EXISTING WALL TO REPAIR
AND RESTORE
EXISTING GRADE
PROPOSED GRADE XX.XX
(E) XX.XX
1 L3.0
CONCRETE
TERRACE
RENOVATION
BUENA VISTA WAY
11' MIN.
(E) 537.5
(E) 546.48
#5
0 5 10 15 25ft
VINEYARD
VIEW DECK
TW 552.1
BW 546.5
REMOVE EXISTING CHAIN
LINK FENCE AND REPLACE
WITH 8' WELDED WIRE MESH
FENCE AT PROPERTY LINE
+563.80
+562.80
547.06
TW 556.5
BW 552.5
EXISTING COAST
LIVE OAK TO
REMAIN AND
PROTECT
CONCRETE
ACCESS STAIRS
EXISTING COAST LIVE OAK
TO REMAIN AND PROTECT
(E)
558.49
+546.5
+551.5
+556.5 CONCRETE
ACCESS STAIRS
SLOPE GRADE UP FROM
TOP OF RETAINING WALL
TO PROPERTY LINE
EXISTING GRAVEL
SURFACING
27%
CISTERN
#1
CISTERN
#5
RESIDENCE
7' - 2"
10' MIN.
CONCRETE
WHEELBARROW PATH
(E) 559.37 (E) 559.9 (E)564.32
(E)
549.88
3.6%
+564.80
REPAIR AND
RESTORE SECTION
OF WALL, S.A.D.
(N) 8' WELDED WIRE
MESH FENCE AT
PROPERTY LINE
SE
TBACK4' - 0"
33' - 0"
2' - 0"
TW 551.5
10' - 0"
2 L3.0
550.06
DN
3 L3.0
NEW RETAINING
WALLS, TYP.
L A N D S C A P E A R C H I T E C T S
OF SHEETS
DRAWN CHECKED
SCALE
DATE
444 17th Street
Oakland CA 94612
tel 510.465.1284
pgadesign.com
STAMP
DRAWING STATUS
SHEET TITLE
HILLSIDE SCHOOL
1581 LE ROY AVE.
BERKELEY, CA 94708
9/7/2022
KT CG
DATE
PLANNING SUBMITTAL
PHASE 2
9/7/22
1" = 10'-0"
BIM 360://Hillside School-19-10315/Hillside School-Landscape-CENTRAL_kari_tanaka.rvt L2.2
MASTER PLAN AND
PRELIMINARY
GRADING REAR YARD
ENLARGEMENT 2
No. Date Description
CONCRETE
RETAINING WALL
CONCRETE
RETAINING WALL
GRAPE VINES, TYP.
BUILDING
WALL,
TYP.
HILLSIDE
BEYOND
PROPERTY LINE
8' FENCE
SETBACK
4' - 0"
FENCE BEYOND
8' - 6"
CANTILEVERED BRIDGE
METAL GUARDRAIL
ROOF
TERRACE
PLANTING AREA
SIDEWALK
PROPERTY LINE
SETBACK
20' - 0"
REDWOOD TREES BEYOND
NEW GUARDRAIL
TO MATCH
EXISTING
STUCCO WALL
GUARDRAIL
PROPERTY LINE
SETBACK
20' - 0"
SIDEWALK
HILLSIDE
BEYOND
9' SLAB TO FINISH GRADE 42" MIN.
CONCRETE
TERRACE
OVERLOOK
PROPERTY LINE
8' FENCE
(E) COAST LIVE OAK TO
REMAIN
SETBACK
4' - 0"
VIEW DECK
CONCRETE
STAIRS
CONCRETE
RETAINING
WALLS
5' MAX. RETAINING
WALL WITH
HISTORICAL CAP
SETBACK
4' - 0"
PROPERTY
LINE
8' FENCE
PLANTING AREA /
SWALE
REPAIR AND
RESTORE
SECTION OF
WALL, S.A.D.
CONCRETE
WHEELBARROW
PATH
L A N D S C A P E A R C H I T E C T S
OF SHEETS
DRAWN CHECKED
SCALE
DATE
444 17th Street
Oakland CA 94612
tel 510.465.1284
pgadesign.com
STAMP
DRAWING STATUS
SHEET TITLE
HILLSIDE SCHOOL
1581 LE ROY AVE.
BERKELEY, CA 94708
9/7/2022
KT CG
DATE
PLANNING SUBMITTAL
PHASE 2
9/7/22
1/4" = 1'-0"
BIM 360://Hillside School-19-10315/Hillside School-Landscape-CENTRAL_kari_tanaka.rvt L3.0
LANDSCAPE
SECTIONS
1/4" = 1'-0"1 SECTION 1 - VINEYARD
1/4" = 1'-0"4 SECTION 4 - REAR YARD ENTRY
1/4" = 1'-0"5 SECTION 5 - CONCRETE TERRACE OVERLOOK
1/4" = 1'-0"2 SECTION 2 - VIEW DECK AND STAIRS
1/4" = 1'-0"3 SECTION 3 - CONCRETE WHEELBARROW PATH
No. Date Description
HISTORICAL
WALL CAP, TYP.
COULMNS WITH
LIGHTS, S.A.D.
L A N D S C A P E A R C H I T E C T S
OF SHEETS
DRAWN CHECKED
SCALE
DATE
444 17th Street
Oakland CA 94612
tel 510.465.1284
pgadesign.com
STAMP
DRAWING STATUS
SHEET TITLE
HILLSIDE SCHOOL
1581 LE ROY AVE.
BERKELEY, CA 94708
9/7/2022
KT CG
DATE
PLANNING SUBMITTAL
PHASE 2
9/7/22
BIM 360://Hillside School-19-10315/Hillside School-Landscape-CENTRAL_kari_tanaka.rvt L3.1
3D VIEWS
1 VIEW 1 - REAR YARD ENTRY OVERALL
3 VIEW 2 - ENTRY STAIRS
No. Date Description
NOTE:
1. 8' WIRE MESH FENCE
2. COLOR: BLACK POWDER COATED
NOTE:
1. ASYMMETRICAL GATE WITH VERTICAL HANDLE PULLS AND CALL BOX
2. COLOR: BLACK
3. PATTERN: TBD
IPE BRIDGE OVER STEEL FRAME WITH CABLE RAIL GUARDRAIL
NOTE:
1. CONCRETE COLOR
2. RECESSED LIGHTING IN CONCRETE RISERS, LED LIGHTING - COLOR: SOFT WHITE
CONCRETE COLORS
NOTE:
1. STONE GABION WALL WITH STRIPS OF GLASS INFILL OR FULL GLASS G ABION WALL ATTACHED TO CONCRETE WALL.
2. GLASS COLOR SELECTION TBD.
Strips of glass in stone wall
Full glass wall
NOTE:
1. REDWOOD OR CEDAR 6X6 BOARDS
2. PEA GRAVEL OR DECOMPOSED GRANITE INFILL
NOTE:
1. VINEYARD TO BE ASSESSED AND IMPLEMENTED BY VINEYARD CONSULTANT.
2. GRAPE VARIETY TBD
NOTE:
1. 2′ X 2′ (6'X2' AND 8'X2' AVAIABLE CUSTOM ORDER)
FSC® 100% IPÊ WOOD TILE – SMOOTH
2. MODEL: WTFSC-100%-IPE-24-8PLANK-SMOOTH - BISON
L A N D S C A P E A R C H I T E C T S
OF SHEETS
DRAWN CHECKED
SCALE
DATE
444 17th Street
Oakland CA 94612
tel 510.465.1284
pgadesign.com
STAMP
DRAWING STATUS
SHEET TITLE
HILLSIDE SCHOOL
1581 LE ROY AVE.
BERKELEY, CA 94708
9/7/2022
KT CG
DATE
PLANNING SUBMITTAL
PHASE 2
9/7/22
1" = 1'-0"
BIM 360://Hillside School-19-10315/Hillside School-Landscape-CENTRAL_kari_tanaka.rvt L3.2
MATERIALS AND
FINSHES
1" = 1'-0"2 WELDED WIRE MESH FENCE
1" = 1'-0"3 DOUBLE GATE
1" = 1'-0"4 CANTILEVERED BRIDGE
1" = 1'-0"5 CONCRETE STAIRS AND WALLS
1" = 1'-0"1 GABION WALL
1" = 1'-0"6 TIMBER TIE STAIRS
1" = 1'-0"7 VINEYARD
1" = 1'-0"8 WOOD DECKING
1" = 1'-0"9 GLASS GUARDRAIL
No. Date Description
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
INFORMATION CALENDAR
March 21, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: LPO NOD: 1325 Arch Street/#LMSAP2022-0013
INTRODUCTION
The attached Landmarks Preservation Commission Notice of Decision (NOD) is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance (BMC/LPO) Section 3.24.240.A, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”
CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has approved a Structural Alteration Permit (SAP) for the subject City Landmark property. This action is subject to a 15-day appeal period, which began on March 7, 2023.
BACKGROUND
BMC/LPO Section 3.24.300 allows City Council to review any action of the Landmarks Preservation Commission in granting or denying a Structural Alteration Permit. For Council to review the decision on its merits, Council must appeal the Notice of Decision.
To do so, a Council member must move this Information Item to Action and then move to set the matter for hearing on its own. Such action must be taken within 15 days of the mailing of the Notice of Decision, or by March 21, 2023. Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.
If the Council chooses to appeal the action of the Commission, then a public hearing will be set. The Council must then rule on the designation within 30 days of closing the hearing, otherwise the decision of the Commission is automatically deemed affirmed.
Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.
LPO NOD: 1325 Arch Street/#LMSAP2022-0013 INFORMATION CALENDAR March 21, 2023
ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.
POSSIBLE FUTURE ACTION
The Council may choose to appeal the decision, in which case it would conduct a public hearing at a future date.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this action.
CONTACT PERSON
Fatema Crane, Principal Planner, Planning and Development, 510-981-7410 Attachments:
1: Notice of Decision – #LMSAP2022-0013/1325 Arch Street
Attachment 1, Part 1
L A N D M A R K S
P R E S E R V A T I O N
C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: January 5, 2023
DATE NOTICE MAILED: March 6, 2023
APPEAL PERIOD EXPIRATION: March 21, 2023
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification): March 22, 20231 1325 Arch – The Schneider/Kroeber House
#LMSAP2022-0013 to demolish a detached garage in the front yard of a City Landmark property, to construct a new garage with a roof deck; to complete landscape improvements that include new retaining walls, a trellis and gates, and to install a hot tub in the rear yard.
The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following request:
Structural Alteration Permit
APPLICANT: Kristen Sidell, Sidell Pakravan Architects
ZONING DISTRICT: Single Family Residential, Hillside Overlay (R-1/H) 1 Pursuant to BMC Chapter 3.24, the City Council may “certify” any decision of the LPC for review, which has the same effect as an appeal. In most cases, the Council must certify the LPC decision during the 14-day appeal period. However, pursuant to BMC Section 1.04.070, if any portion of the appeal period falls within a Council recess, the deadline for Council certification is suspended until the first Council meeting after the recess, plus the number of days of the appeal period that occurred during the recess, minus one day. If there is no appeal or certification, the Use Permit becomes effective the day after the certification deadline has passed.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
Permit #LMSAP2022-0013
1325 Arch Street
March 6, 2023
ENVIRONMENTAL REVIEW STATUS: Categorically exempt under the California Environmental Quality Act Guidelines, Section 15331 (historical Resource Restoration and Rehabilitation).
The application materials for this project are available online at:
https://permits.cityofberkeley.info/CitizenAccess/Default.aspx
FINDINGS FOR FINAL ACTION AND APPROVED PLANS ARE ATTACHED TO THIS NOTICE
COMMISSION VOTE: 8-0-0-1
YES: ADAMS, CRANDALL, ENCHILL, FINACOM, LINVILL, MONTGOMERY,
SCHWARTZ, TWU
NO:
ABSTAIN:
ABSENT: LEUSCHNER
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code):
To appeal a decision of the Landmarks Preservation Commission to the City Council you must:
1. Submit a letter clearly and concisely setting forth the grounds for the appeal to the City Clerk, located at 2180 Milvia Street, 1st Floor, Berkeley. The City Clerk’s telephone number is (510) 981-6900.
a. Pursuant to BMC Section 3.24.300.A, an appeal may be taken to the City Council by the application of the owners of the property or their authorized agents, or by the application of at least fifty residents of the City aggrieved or affected by any determination of the commission made under the provisions of Chapter 3.24.
2. Submit the required fee (checks and money orders must be payable to ‘City of Berkeley’):
a. The basic fee for persons other than the applicant is $500. This fee may be reduced to $100 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less. Signatures collected per the filing requirement in BMC Section 3.24.300.A may be counted towards qualifying for the reduced fee, so long as the signers are qualified. The individual filing the appeal must clearly denote which signatures are to be counted towards qualifying for the reduced fee.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
Permit #LMSAP2022-0013
1325 Arch Street
March 6, 2023
b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $2500.
3. The appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).
If no appeal is received, the permit will be final on the first business day following expiration of the appeal period.
NOTICE CONCERNING YOUR LEGAL RIGHTS:
If you object to this decision, the following requirements and restrictions apply:
1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Landmarks Preservation Commission at, or prior to, the public hearing.
2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed. It is your obligation to notify the Land Use Planning Division in writing of your desire to receive a Notice of Decision when it is completed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use permit, variance or other permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will be barred.
4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.
5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, your appeal of this decision must include the following information:
A. That this belief is a basis of your appeal.
B. Why you believe that the decision or condition constitutes a "taking" of property as set
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
Permit #LMSAP2022-0013
1325 Arch Street
March 6, 2023
forth above.
C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.
If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.
PUBLIC COMMENT:
Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website.
Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission or committee for further information.
FURTHER INFORMATION:
Questions about the project should be directed to the project planner, Fatema Crane at (510) 981-7413 or [email protected]. All project application materials, including full-size plans, may be viewed at the Permit Service Center (Zoning Counter), 1947 Center Street, 3 rd Fl., during regular business hours.
ATTACHMENTS:
1. Findings for Final Action
2. Project Plans, received DECEMBER 21, 2022
ATTEST:
Fatema Crane, Secretary
Landmarks Preservation Commission
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
Permit #LMSAP2022-0013
1325 Arch Street
March 6, 2023
cc: City Clerk
Applicant: Kristen Sidell, Sidell Pakravan Architects, 2445 Sixth Street, Berkeley, CA 94710 Property Owner: Golden Bear, LLC #166, 1400 Shattuck Ave. #12, Berkeley, CA 94709
A t t a c h m e n t 1, part 2
D R A F T F i n d i n g s a n d C o n d i t i o n s
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 E-mail: [email protected]
1325 Arch Street – The Schneider/Kroeber House
Structural Alteration Permit #LMSAP2022-0013
To demolish a detached garage in the front yard of a City Landmark property, and to construct a new garage with a roof deck; to complete landscape improvements that include new retaining walls, a trellis and gates; and to install a hot tub in the rear yard.
CEQA FINDINGS
1. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 153331 of the CEQA Guidelines (“Historic Resource Restoration/Rehabilitation”). Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, and (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5.
SECRETARY OF THE INTERIOR’S STANDARDS FINDINGS
Regarding the Secretary of the Interior’s Standards for Rehabilitation, the Landmarks Preservation Commission of the City of Berkeley makes the following findings:
1. The subject property features a single-family residence designed by Bernard Maybeck.
The use of the property would continue, unchanged, with this project.
2. The project will retain the historic character of the property and will avoid extensive removal of distinctive materials and the alteration of features that characterize the property.
3. This property will continue to be recognized as a physical record of its time, place, and use as a result of the approved project. None of the proposed alterations are found to create a false sense of historical development. The new garage structure will not mimic the Maybeck design of the main building; its contemporary style will not result in a false sense of historical development.
1325 ARCH STREET STRUCTURAL ALTERATION PERMIT - Findings and Conditions
4. No changes to this property that have acquired historic significance in their own right, such as the 1933 addition to the main building, would be impacted by this project.
5. Distinctive materials, features, finishes, and construction techniques, or examples of craftsmanship that characterize this property, such as the unfinished exterior wood features of the main building and rhyolite stone retaining walls, will be retained and preserved with this project.
6. As conditioned herein, if deteriorated historic features will be affected by this request, then they would be repaired or replaced to match the materials, design, and finishes of the original items.
7. Chemical or physical treatments are not anticipated; however, if they are appropriate, they will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials are prohibited by the Conditions herein.
8. The project site is not known to have the potential to yield subsurface resources; the scope of proposed excavation is limited and not likely to disturb such resources if they exist. Nevertheless, as conditioned herein, actions to preserve and protect unexpected discoveries during project construction are required
9. The proposed new work is designed with complimentary, high-quality materials in simplified, contemporary style employing colors and finishes that harmonize with the historic design elements of the building. Owing to these aspects, new work will be sufficiently differentiated from the historic design.
10. If the proposed garage and landscape improvements were removed in the future, they would not permanently impair the integrity or essential form of the main building.
1325 ARCH STREET STRUCTURAL ALTERATION PERMIT - Findings and Conditions
LANDMARK PRESERVATION ORDINANCE FINDINGS
1. As required by Section 3.24.260 of the Landmarks Preservation Ordinance, the Commission finds that the proposed work is appropriate for and consistent with the purposes of the Ordinance, and will preserve and enhance the characteristics and features specified in the designation for this property, because:
A. The proposed project will not adversely affect the architectural design of the City LM Schneider/Kroeber House because the historic building is excluded from the project scope. The general placement and spatial arrangements of the property will be retained where the new construction will be located in the same general footprint and building envelope as the existing structures. The removal of historic materials, such as the rhyolite stone retaining walls, will be minimized to the greatest extent possible.
B. The special character and historic value of this City Landmark property lay in its direct associations with the renowned architect Bernard Maybeck, the anthropologist Albert Kroeber and his wife, author Theodora Kroeber, and their daughter, the acclaimed writer Ursula Le Guin; the proposed work would not impair these associations.
1325 ARCH STREET STRUCTURAL ALTERATION PERMIT - Findings and Conditions
STANDARD CONDITIONS
The following conditions, as well as all other applicable provisions of the Landmarks Preservation Ordinance, apply to this Permit:
1. Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Permit, under the title ‘Structural Alteration Permit Conditions’. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.
2. Plans and Representations Become Conditions
Except as specified herein, the site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or during the approval process are deemed conditions of approval.
3. Subject to All Applicable Laws and Regulations
The approved construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to installation, the applicant shall obtain Use Permit approval in accordance with BMC Section 23C.17 (Wireless Telecommunication). Prior to construction, the applicant shall identify and secure all applicable permits from the Building and Safety Division, Public Works Department and other affected City divisions and departments.
4. Exercise and Lapse of Permits
B. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.
A. A permit may be declared lapsed and of no further force and effect if it is not exercised within one year of its issuance, except that permits for construction or alteration of structures or buildings may not be declared lapsed if the permittee has:
(1) applied for a building permit; or, (2) made substantial good faith efforts to obtain a building permit and begin construction, even if a building permit has not been issued and/or construction has not begun.
5. Indemnification Agreement
The applicant shall hold harmless, defend, and indemnify the City of Berkeley and its officers, agents, and employees against any and all liability, damages, claims, demands, judgments or other losses (including without limitation, attorney’s fees, expert witness and consultant fees and other litigation expenses), referendum or initiative relating to, resulting from or caused by, or alleged to have resulted from, or caused by, any action or approval associated with the project. The indemnity includes without limitation, any legal or administrative challenge, referendum or initiative filed or prosecuted to overturn,
1325 ARCH STREET STRUCTURAL ALTERATION PERMIT - Findings and Conditions
set aside, stay or otherwise rescind any or all approvals granted in connection with the project, any environmental determination made for the project and granting any permit issued in accordance with the project. This indemnity includes, without limitation, payment of all direct and indirect costs associated with any action specified herein. Direct and indirect costs shall include, without limitation, any attorney’s fees, expert witness and consultant fees, court costs, and other litigation fees. City shall have the right to select counsel to represent the City at Applicant’s expense in the defense of any action specified in this condition of approval. City shall take reasonable steps to promptly notify the Applicant of any claim, demand, or legal actions that may create a claim for indemnification under these conditions of approval.
6. Halt Work/Unanticipated Discovery of Tribal Cultural Resources. In the event that cultural resources of Native American origin are identified during construction, all work within 50 feet of the discovery shall be redirected. The project applicant and project construction contractor shall notify the City Planning Department within 24 hours. The City will again contact any tribes who have requested consultation under AB 52, as well as contact a qualified archaeologist, to evaluate the resources and situation and provide recommendations. If it is determined that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with Native American groups. If the resource cannot be avoided, additional measures to avoid or reduce impacts to the resource and to address tribal concerns may be required.
7. Archaeological Resources (Ongoing throughout demolition, grading, and/or construction).
Pursuant to CEQA Guidelines Section 15064.5(f), “provisions for historical or unique archaeological resources accidentally discovered during construction” should be instituted.
Therefore:
A. In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 50 feet of the resources shall be halted and the project applicant and/or lead agency shall consult with a qualified archaeologist, historian or paleontologist to assess the significance of the find.
B. If any find is determined to be significant, representatives of the project proponent and/or lead agency and the qualified professional would meet to determine the appropriate avoidance measures or other appropriate measure, with the ultimate determination to be made by the City of Berkeley. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and/or a report prepared by the qualified professional according to current professional standards.
C. In considering any suggested measure proposed by the qualified professional, the project applicant shall determine whether avoidance is necessary or feasible in light of factors such as the uniqueness of the find, project design, costs, and other considerations.
D. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation measures for cultural resources is carried out.
E. If significant materials are recovered, the qualified professional shall prepare a report on the findings for submittal to the Northwest Information Center.
1325 ARCH STREET STRUCTURAL ALTERATION PERMIT - Findings and Conditions
8. Human Remains (Ongoing throughout demolition, grading, and/or construction ). In the event that human skeletal remains are uncovered at the project site during ground- disturbing activities, all work shall immediately halt and the Alameda County Coroner shall be contacted to evaluate the remains, and following the procedures and protocols pursuant to CEQA Guidelines Section 15064.5 (e)(1) . If the County Coroner determines that the remains are Native American, the City shall contact the California Native American Heritage Commission (NAHC), pursuant to Health and Safety Code Section 7050.5(c), and all excavation and site preparation activities shall cease within a 50-foot radius of the find until appropriate arrangements are made. If the agencies determine that avoidance is not feasible, then an alternative plan shall be prepared with specific steps and timeframe required to resume construction activities. Monitoring, data recovery, determination of significance and avoidance measures (if applicable) shall be completed expeditiously.
9. Paleontological Resources (Ongoing throughout demolition, grading, and/or construction).
In the event of an unanticipated discovery of a paleontological resource during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards [SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project on the qualities that make the resource important, and such plan shall be implemented. The plan shall be submitted to the City for review and approval.
ADDITIONAL CONDITIONS
The following additional conditions are attached to this Permit:
10. CITY PERMITS . This Structural Alteration Permit (SAP) approval is contingent upon approval of the requisite Use Permit and Public Work Permits for the project scope.
11. PLANS COMPLIANCE. Construction and building permit plans shall substantially conform to the SAP project plans dated/received December 21, 2022
12. REPAIR AND REPLACEMENT OF CHARACTER-DEFINING FEATURES.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old or historic feature in design, color, texture, and, where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence.
13. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.
14. Rhyolite rocks shall be salvaged from demolished portions of the historic retaining wall and used or incorporated in proposed new retaining walls on site, to the extent possible.
1325 ARCH STREET STRUCTURAL ALTERATION PERMIT - Findings and Conditions
15. COLORS. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit color and materials information for review and approval by Landmarks staff, in coordination with the LPC Chair as needed.
16. DETAILS. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit window, door, base, and trim details for review and approval by the Landmarks plan checker.
17. ROOF EQUIPMENT. Any roof equipment shall be shown to scale on the architectural drawings of the building permit set of drawings in both plan and elevation, in order to determine if additional screening and SAP may be required.
18. LIGHTING. Prior to Landmarks plan checker sign-off of the building permit set of drawings, the applicant shall submit lighting details showing all existing and proposed site and building lighting. Exterior lighting shall be downcast and not cause glare on the public right-of-way and adjacent parcels.
19. LANDSCAPE PLANS. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit a Landscape plan including the number, location, and species of all proposed plantings, and which existing plantings shall be removed. The applicant shall provide irrigation for all landscaped areas or provide drought tolerant plant palette. This shall be called out on Landscape building permit drawings.
20. LANDSCAPE IRRIGATION. The applicant shall provide irrigation for all landscaped areas. This shall be called out on Landscape building permit drawings.
21. CURB CUTS All curbs and curb cuts shall be constructed per the standards and specifications of the Public Works Department. Curb cuts no longer utilized shall be restored per the Public Works Department specifications.
22. The applicant shall be responsible for identifying and securing all applicable permits from the Building and Safety Division and all other affected City divisions/departments prior to the start of work.
23. The applicant is responsible for complying with all the above conditions. Failure to comply with any condition could result in construction work being stopped, issuance of citations, as well as further review by the Landmarks staff, which may modify or impose additional conditions, or revoke approval.
24. All building permit drawings and subsequent construction shall substantially conform to the approved plans as outlined in Condition #1. Any modifications must be reviewed by the Landmarks plan checker to determine whether the modification requires approval.
25. The applicant shall hold harmless, defend, and indemnify the City of Berkeley and its officers, agents, and employees against any and all liability, damages, claims, demands, judgments or other losses (including without limitation, attorney’s fees, expert witness and consultant fees and other litigation expenses), referendum or initiative relating to, resulting from or caused by, or alleged to have resulted from, or caused by, any action or approval associated with the project. The indemnity includes without limitation, any
1325 ARCH STREET STRUCTURAL ALTERATION PERMIT - Findings and Conditions
legal or administrative challenge, referendum or initiative filed or prosecuted to overturn, set aside, stay or otherwise rescind any or all approvals granted in connection with the Project, any environmental determination made for the project and granting any permit issued in accordance with the project. This indemnity includes, without limitation, payment of all direct and indirect costs associated with any action specified herein. Direct and indirect costs shall include, without limitation, any attorney’s fees, expert witness and consultant fees, court costs, and other litigation fees. City shall have the right to select counsel to represent the City at Applicant’s expense in the defense of any action specified in this condition of approval. City shall take reasonable steps to promptly notify the Applicant of any claim, demand, or legal actions that may create a claim for indemnification under these conditions of approval.
LAND USE PLANNING
RECEIVED
DECEMBER 21, 2022
Attachment 1, part 3
8"6"5" JMAP
6"TREE
18"LQAM
13"TREE
8"TREE
9"TREE
6"M-TREE
7"5"5"
BOTTLEBRUSH
400 404
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410 412 414 416
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E T C
E T C
E T C
E T C
E T C
19"LQAM
AD
AD
COTTAGE EASEMENT
4' SIDE STRUCTURE SETBACK
20' FRONT STRUCTURE SETBACK
X
20' BACK STRUCTURE SETBACK
4' SIDE STRUCTURE SETBACK
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
E) HOUSE
NEIGHBOR'S GARAGE
NEIGHBOR'S GARAGE
NEIGHBOR'S HOUSE
GARDEN NOOK
FENCE, WOOD
FENCE, WOOD
DINING TERRACE
SPA
(2) 3' RETAINING
WALLS, STONE
2'H RETAINING WALL, STONE
GATE
SEE L0.1 FOR LANDSCAPE PLAN - ROW
PA
PA
PA
PA
PA
PA
PA
PA PA
PAPA
PA
PA
PA
PA
PA
PA
PA
PA
GYM
HANDRAIL
SPA EQUIPMENT ENCLOSURE
3'-2"5'-6"
GUARDAIL, STEPS & WALL, SAD
PA
PA
PA
PA
PA
E) WALL TO REMAIN
RAISED PLANTER
N) GARAGE BELOW, SAD
TOTAL IMPERVIOUS SURFACE ADDED/REPLACED: 1,644 SQUARE FEET L0.8 L0.8
DATE: ISSUE:
SCALE:
L0.0
LANDSCAPE PLAN -
PROPERTY
1/8" = 1'0"
88 MISSOURI SAN FRANCISCO 94107
T: 415.861.3100W: arterrasf.com
ARCH STREET RESIDENCE
1325 ARCH STREET
BERKELEY, CALIFORNIA
APN: 060-2465-027-00
0 8'4'
09.30.2022 AUP SET
09.30.2022 LPC 03 SET
12.31.2022
09.00.2022
DATE: ISSUE:
SCALE:
L0.1
PLANTING PLAN -
ROW
1/8" = 1'0"
88 MISSOURI SAN FRANCISCO 94107
T: 415.861.3100 W: arterrasf.com
ARCH STREET RESIDENCE
1325 ARCH STREET
BERKELEY, CALIFORNIA
APN: 060-2465-027-00
9"75((
7"5"5"
%277/(%586+
400
402
400
398396
394
386
7"75((
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388
388
392
392
392
400
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(%
:
:
:
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19"/4$0
20' FRONT STRUCTURE SETBACK
;;
;
;
PROPERTY LINE
E) NEIGHBOR'S GARAGE
E) NEIGHBOR'S GARAGE
GARAGE, SAD
E) BRICK AT
PLANTERS TO
BE REMOVED
SEE L0.0 FOR LANDSCAPE PLAN - PROPERTY
2'-0"2'-0" 11'-8"N) DRIVEWAY PER CITY
STANDARD, SEE L0.8
N) SIDEWALK PAVING PER
CITY STANDARDS, SEE L0.8
SYMBOL LEGEND
STAIR RISERS
EXISTING CONTOUR
PROPOSED CONTOUR
TREE TO BE REMOVED
120
125
DN
;
0 8'4'
09.30.2022 AUP SET
09.30.2022 LPC 03 SET
12.31.2022
09.00.2022
DATE: ISSUE:
SCALE:
L0.2
PLANTING PLAN -
PROPERTY
1/8" = 1'0"
88 MISSOURI SAN FRANCISCO 94107
T: 415.861.3100 W: arterrasf.com
ARCH STREET RESIDENCE
1325 ARCH STREET
BERKELEY, CALIFORNIA
APN: 060-2465-027-008"6"5" -0$3
6"75((
18"/4$0
13"75((
8"75((
9"75((
6"0-75((
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%277/(%586+
400 404
402 406 408
410 412 414 416
418
418
416
414
412410408
406404
402400
398396
394
392 408
392
392
400
(0
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(%
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( 7 &
19"/4$0
$'
$'
COTTAGE EASEMENT
4' SIDE STRUCTURE SETBACK
20' FRONT STRUCTURE SETBACK
;
20' BACK STRUCTURE SETBACK
4' SIDE STRUCTURE SETBACK
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE5-() 'DSKQH RGRUD
21-6$525-6$6
48-$50
6-*2*
31-(5$
3-%:3
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E) HOUSE
E) NEIGHBOR'S GARAGE
E) NEIGHBOR'S
GARAGE
E) NEIGHBOR'S HOUSE
GARAGE BELOW, SAD
GARDEN NOOK
DINING TERRACE
SPA
SEE L0.3 FOR PLANTING PLAN - ROW
E) WISTERIA TO REMAIN
SEE L0.3 FOR PLANT LISTS
GYM
0 8'4'
09.30.2022 AUP SET
09.30.2022 LPC 03 SET
12.31.2022
09.00.2022
DATE: ISSUE:
SCALE:
L0.3
PLANTING PLAN -
ROW
& PLANT LIST
1/8" = 1'0"
88 MISSOURI SAN FRANCISCO 94107
T: 415.861.3100 W: arterrasf.com
ARCH STREET RESIDENCE
1325 ARCH STREET
BERKELEY, CALIFORNIA
APN: 060-2465-027-00
9"75((
7"5"5"
%277/(%586+
400
402
400
398396
394
386
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388
388
392
392
392
400
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:
:
:
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19"/4$0
20' FRONT STRUCTURE SETBACK
;;
;
;
PROPERTY LINE
11-(5.
35-/,&
13-*36
2-$&%
E) NEIGHBOR'S GARAGE
E) NEIGHBOR'S GARAGE
GARAGE, SAD
SEE L0.2 FOR PLANTING PLAN -
PROPERTY
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09.30.2022 AUP SET
09.30.2022 LPC 03 SET
12.31.2022
09.00.2022
DATE: ISSUE:
SCALE:
L0.4
IRRIGATION PLAN -
PROPERTY
1/8" = 1'0"
88 MISSOURI SAN FRANCISCO 94107
T: 415.861.3100 W: arterrasf.com
ARCH STREET RESIDENCE
1325 ARCH STREET
BERKELEY, CALIFORNIA
APN: 060-2465-027-008"6"5" -0$3
6"75((
18"/4$0
13"75((
8"75((
9"75((
6"0-75((
7"5"5"
%277/(%586+
400 404
402 406 408
410 412 414 416
418
418
416
414
412410408
406404
402400
398396
394
392 408
392
392
400
(0
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(%
(%
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4 0HGLXP
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4 0HGLXP
5 0HGLXP
2 0HGLXP
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COTTAGE EASEMENT
4' SIDE STRUCTURE SETBACK
20' FRONT STRUCTURE SETBACK
;
20' BACK STRUCTURE SETBACK
4' SIDE STRUCTURE SETBACK
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
HOUSE
E) NEIGHBOR'S GARAGE
E) NEIGHBOR'S GARAGE
E) NEIGHBOR'S HOUSE
GARDEN NOOK
DINING TERRACE
SPA
GYM
TOTAL IRRIGATION: 2,270 SQUARE FEET NOTE: PER MWELO, PROJECT QUALIFIES FOR PRESCRIPTIVE COMPLIANCE. PROJECT IS REHABILITATION AND UNDER
2,500 SQUARE FEET OF IRRIGATION AREA.
0 8'4'
09.30.2022 AUP SET
09.30.2022 LPC 03 SET
12.31.2022
09.00.2022
DATE: ISSUE:
SCALE:
L0.5
IRRIGATION PLAN -
ROW
& IRRIGATION NOTES
1/8" = 1'0"
88 MISSOURI SAN FRANCISCO 94107
T: 415.861.3100 W: arterrasf.com
ARCH STREET RESIDENCE
1325 ARCH STREET
BERKELEY, CALIFORNIA
APN: 060-2465-027-00
9"75((
7"5"5"
%277/(%586+
400
402
400
398396
394
386
7"75((
$5&+ 675((7 (60')
388
388
392
392
392
400
(%
(%
:
:
:
:0
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66&2
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19"/4$0
1 0HGLXP
20' FRONT STRUCTURE SETBACK
;;
;
;
PROPERTY LINE
E) NEIGHBOR'S GARAGE
E) NEIGHBOR'S GARAGE
GARAGE, SADSECTION 2: COMPONENT SCHEDULE
BACKFLOW PREVENTER
FEBCO #825Y-1” or approved equal
CONTROL VAL VES
TORO Remote Control Valve, TPV Series
MAIN LINES
1120 SCH.40 PVC Solvent weld pipe with SCH 40 PVC solvent
WELD FITTINGS
18" Cover, min.
LATERAL LINES
1120-200 PSI PVC solvent weld pipe with SCH 40 PVC solvent
WELD FITTINGS
12" cover, min.
SLEEVES
1120- CLASS 200 PVC plastic pipe. 24" cover, min.
CONTROLLER
HUNTER ACC2 with SOLAR SYNC. Mount in accessible are for landscape maintenance crew.
WEATHER SENSOR SENSOR
HUNTER SOLAR SYNC mounted on SW side of property
SPRAY HEADS
HUNTER PRO SPRAY or RAINBIRD SAM PRS. Min 6” pop up in turf, 12” pop up in shrub areas.
VAL VE BOXES
CARSON, black plastic
HOSE BIB
CHAMPION or BUCKNER with vacuum breaker
GATE VAL VE
NIBCO, (line size)
SECTION 1: POINT OF CONNECTION COMPONENTS
ORDER OF COMPONENTS:
1. MANUAL SHUT -OFF VAL VE (GATE VAL VE OR BALL VAL VE)
2. REDUCED PRESSURE BACKFLOW PREVENTER
3. IRRIGATION-ONL Y WATER METER OR FLOW METER
4. FLOW SENSOR
SECTION 3: PIPE SIZING
1. FOR SPRINKLER ZONES WITH A FLOW BETWEEN 0GPM AND 8 GPM, ¾” SCHEDULE 40 PVC MINIMUM PIPE SIZE.
2. FOR SPRINKLER ZONES WITH A FLOW BETWEEN 8 GPM AND 12 GPM, 1” S CHEDULE 40 PVC MINIMUM PIPE SIZE.
3. FOR ALL ZONES LARGER THAN12 GPM, CONSULT WITH LA.
IRRIGATION ZONE LEGEND
HYDROZONEPLANT TYPE SUN EXPOSURE WATER NEEDS IRRIGATION TYPE ZONE 1 MIXED PERENNIAL, TREES SUN MED IN LINE DRIP
ZONE 2 MIXED PERENNIAL SUN MED IN LINE DRIP
ZONE 3 MIXED PERENNIAL SUN MED IN LINE DRIP
ZONE 4 MIXED PERENNIAL, TREES SHADE MED IN LINE DRIP
ZONE 5 MIXED PERENNIAL, TREES PART SUN MED IN LINE DRIP 0 8'4'
09.30.2022 AUP SET
09.30.2022 LPC 03 SET
12.31.2022
09.00.2022
DATE: ISSUE:
SCALE:
L0.6
IRRIGATION NOTES
88 MISSOURI SAN FRANCISCO 94107
T: 415.861.3100 W: arterrasf.com
ARCH STREET RESIDENCE
1325 ARCH STREET
BERKELEY, CALIFORNIA
APN: 060-2465-027-00
SECTION 3: DRIP SYSTEM SCHEDULE - EMITTERLINE TUBING
IN-LINE EMITTER TUBING
NETAFIM TECHLINE CV
IN-LINE FILTER
TORO DRIP ZONE KIT WITH REMOTE CONTROL VAL VE, WYE FILTER WITH 150 MESH SCREEN AND 30 PSI PRESSURE REGULATOR/ KBI PVC BALL VAL VE OR SIMILAR. IF SITE STATIC PRESSURE IS LESS THAN 30 PSI, DO NOT INSTALL A PRESSURE REGULATOR ON DRIP ZONES.
NETAFIM GRID SPECIFICATIONS
EMITTER FLOW, EMITTER SPACING AND GRID ROW SPACING BASED ON SOIL TYPE OF SITE:
SECTION 6: DRIP SYSTEM SCHEDULE - POINT SOURCE EMITTERS THE RECOMMENDED DRIP METHOD IS EMITTER LINE TUBING GRIDS, AS SHOWN ABOVE.
WHEN USING INDIVIDUAL EMITTERS, USE THE FOLLOWING SCHEDULE:
Container size
# of .5 gph
Emitters Total Flow Configuration
4" 1 Emitter .5 gph On root ball
1 gallon 2 Emitters 1 gph Opposite sides of root ball
2 gallon 2 Emitters 1 gph Evenly around root ball
5 gallon 4 Emitters 2 gph Evenly around root ball
15 gallon 5 Emitters 2.5 gph Evenly around root ball
24" Box 10 Emitters 5 gph Concentric rings
36" Box 18 Emitters 9 gph Concentric rings
48" Box 27 Emitters 13.5 gph Concentric rings
Soil Type Emitter Flow Emitter Spacing Row Spacing Application Rate Coarse Sand 0.9 gph 12" 16" 1.11 in/hr
Sand 0.6 gph 12" 16" 0.73 in/hr
Sandy Loam 0.6 gph 12" 16" 0.73 in/hr
Loam 0.4 gph 18" 18" 0.30 in/hr
Clay Loam 0.4 gph 18" 18" 0.30 in/hr
Clay 0.4 gph 18" 18" 0.30 in/hr
Clay 0.26 gph 18" 18" 0.19 in/hr
SECTION 4: DRIP SYSTEM NOTES
1. LOCATE IN-LINE FILTER, PRESSURE REGULATOR AND VAL VE IN VAL VE BOXES.
2. FOR DRIP ZONES WITH A FLOW OF LESS THAN 4 GPM, ½” POL YETHYLENE TUBING MAY BE LEAD ALL THE WAY FROM THE VAL VE TO THE DRIP ZONE.
3. FOR DRIP ZONES WITH A FLOW BETWEEN 4 GPM AND 8 GPM, ¾” SCHEDULE 40 PVC SHALL RUN FROM THE VAL VE TO THE BEGINNING OF THE ZONE.
4. FOR DRIP ZONES WITH A FLOW BETWEEN 8 GPM AND 12 GPM, 1” SCHEDULE 40 PVC SHALL BE RUN FROM THE VAL VE TO THE BEGINNING OF THE ZONE.
5. LOCATE EMITTER DISCHARGE WITHIN THE WATERING BASIN OF EACH PLANT . SEE PLANTING PLAN FOR EXACT LOCATION AND SIZE OF PLANTS TO DETERMINE LOCATION OF EMITTERS. SECURE ABOVE GRADE EMITTER LINES TO FINISH GRADE WITH PLASTIC OR METAL STAPLES.
SECTION 8: PRESSURE AND FLOW RECORDING
1. CONTRACTOR SHALL MAINTAIN A SET OF ‘ AS-BUILT’ DRAWINGS THROUGHOUT THE
CONSTRUCTION AND PREPARE AND DELIVER A LEGIBLE COPY OF THE PLAN TO THE LA/OWNER UPON COMPLETION OF THE WORK AND BEFORE FINAL PAYMENT . THE IRRIGATION PLAN SHALL INDICATE
LOCATIONS OF ALL UNDERGROUND PIPES, LOCATION OF SLEEVES, LOCATION OF VAL VES AND ANY OTHER INFORMATION NECESSARY FOR LONG- TERM MAINTENANCE OF THE SYSTEM. ONE LAMINATED
PLAN COPY AND ONE LAMINATED VAL VE ZONE SCHEDULE MUST BE PLACED AT THE IRRIGATION CONTROLLER.
2. CONTRACTOR SHALL INCLUDE BASE FLOW READING IN GALLONS PER MINUTE FOR EACH VAL VE ZONE ON THE AS-BUILT IRRIGATION DRAWING.
3. CONTRACTOR SHALL NOTE THE STATIC PRESSURE ON THE AS-BUILT IRRIGATION DRAWING.
4. CONTRACTOR TO PROVIDE ONE IRRIGATION BINDER TO THE LA/OW NERS, AT FINAL WALK THROUGH. BINDER TO INCLUDE AS-BUILT IRRIGATION DRAWING, VAL VE MAP , MANUFACTURER’S OPERATING INSTRUCTIONS AND WARRANTY AND REPAIR INFORMATION.
5. CONTRACTOR TO PROVIDE AN IRRIGATION AUDIT REPORT (ALL PROJECTS UNDER 2500SF CAN BE CONDUCTED BY THE INSTALLING CONTRACTOR. FOR ALL PROJECTS OVER 2500 SF , A QUALIFIED CLIA IRRIGATION AUDITOR MUST BE HIRED.)
`6. INSTALL ONE MANUAL FLUSH VAL VE FOR EACH DRIP SUB-ZONE ON THE EXHAUST HEADER AT THE HYDRAULIC OPPOSITE END FROM THE SUPPL Y HEADER.
7. INSTALL ONE DRIP ZONE FLOW INDICATOR WITHIN 3 FEET OF THE FLUSH VAL VE FOR EACH ZONE.
8. IF ¼” INCH TUBING IS USED, INSTALL E.O.V .C. BUG CAPS AND TUBING STAKES AT THE DISCHARGE ENDS BY ‘SALCO’ . ¼” TUBING LENGTHS TO BE NO GREATER THAN SIX FEET .
9. IN-LINE EMITTER TUBING SHALL BE INSTALLED AS A CLOSED LOOP GRID SYSTEM. ALL DRIP GRIDS SHALL BE SITUATED ON THE CONTOUR OF SLOPES AND NOT PERPENDICULAR TO THE SLOPE.
INSTALL TUBING ON TOP OF FINISH GRADE AND UNDER MULCH. ENSURE THAT EACH PLANT HAS AN EMITTER ON ITS ROOT BALL TO ESTABLISH IT .
10. POINT SOURCE DRIP (BUTTON EMITTERS, FLAG EMITTERS, SHRUBBLERS, AND VARI-SPRAYS) SHALL BE AVOIDED, IF POSSIBLE. INSTALL AN INLINE GRID IN ALL PLANTED AREAS.
09.30.2022 AUP SET
09.30.2022 LPC 03 SET
12.31.2022
09.00.2022
8"6"5" -0$3
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+ E)415.35
+ 414.27
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+ 410.46
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+
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E) NEIGHBOR'S GARAGE
E) NEIGHBOR'S GARAGE
E) NEIGHBOR'S HOUSE
GARDEN NOOK(2) 3' RETAINING
WALLS
2'H RETAINING WALL
DINING TERRACE
GYM
HANDRAIL
DATE: ISSUE:
SCALE:
L0.7
CONCEPTUAL
GRADING PLAN
1/8" = 1'0"
88 MISSOURI SAN FRANCISCO 94107
T: 415.861.3100 W: arterrasf.com
ARCH STREET RESIDENCE
1325 ARCH STREET
BERKELEY, CALIFORNIA
APN: 060-2465-027-00
0 8'4'
09.30.2022 AUP SET
09.30.2022 LPC 03 SET
12.31.2022
09.00.2022
DATE: ISSUE:
SCALE:
L0.8
SECTION-ELEVATION
1/8" = 1'0"
88 MISSOURI SAN FRANCISCO 94107
T: 415.861.3100 W: arterrasf.com
ARCH STREET RESIDENCE
1325 ARCH STREET
BERKELEY, CALIFORNIA
APN: 060-2465-027-00
DINING TERRACE
ENTRY
ENTRY STEPS
SPA
GARDEN NOOK
NEIGHBOR'S COTTAGE
BOULDERS
GYM
0 8'4'
09.30.2022 LPC 03 SET
12.31.2022
09.00.2022
DATE: ISSUE:
SCALE:
L0.11
PLANTING DETAILS
AS NOTED
88 MISSOURI SAN FRANCISCO 94107
T: 415.861.3100W: arterrasf.com
ARCH STREET RESIDENCE
1325 ARCH STREET
BERKELEY, CALIFORNIA
APN: 060-2465-027-00
EQ1/2
EQALIGN TYP .
EQALIGN TYP .
EQ
EQ
EQ
EQ
86% OF EQ
TYPICAL GROUND COVER
LOCATION, FOR PLANT
SPACING SEE PLANT LIST
EDGE OF PAVING
TYPICAL GROUND COVER SPACING3 TYPICAL GROUND COVER SPACING Scale: 1" = 1'-0"
3 L0.113"2"8"
MULCH AFTER PLANTING
SCARIFY EDGE
E) SUBSOIL
E) CLEAN TOPSOIL
TILL AMENDMENT
INTO 8" TOP OF SOIL
ORGANIC SOIL
AMENDMENT -
DIESTEL STRUCTURED
COMPOST OMRI
TYP SOIL DETAIL2 TYP SOIL DETAIL
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2 L0.11
CONTAINER GROWN SHRUB/PERENNIAL
AS PER PLANT LIST
BERM WATERING BASIN
PREPARED BACKFILL MIX -
SEE DETAIL AND PLANTING NOTES
ROOTBALL TO BE KEPT UNBROKEN -
SCARIFY AT PLANTING
SCARIFY EDGE - REMOVE CONTAINER
COMPLETEL Y, OR REMOVE BURLAP
FROM TOP 2/3 OF ROOTBALL,
REMOVE ALL WIRE & STRING
EXISTING SOIL
NOTE:
PLACE CROWNED SHRUB
HIGH AT PLANTING,
TO ALLOW FOR SETTLING.
3” MULCH- HOLD 2” AWAY FROM ROOT CROWN
4" BUILT -UP EARTH SAUCER
2 X DIA OF ROOTBALL
SHRUB PLANTING DETAIL1
SET ALL PLANTS AT NURSERY LEVEL
SHRUB PLANTING DETAIL
NTS
1 L0.11
09.30.2022 LPC 03 SET
DATE: ISSUE:
SCALE:
L0.12
PLANTING DETAILS
AS NOTED
88 MISSOURI SAN FRANCISCO 94107
T: 415.861.3100W: arterrasf.com
ARCH STREET RESIDENCE
1325 ARCH STREET
BERKELEY, CALIFORNIA
APN: 060-2465-027-00
TABLE:
SIZE OF TREE DISTANCE BOTTOM OF TRUNK
FLAIR SITS ABOVE FINISH GRADE
15 GAL 6" HIGH MIN.
24" BOX 9" HIGH MIN.
36"-60" BOX 1'-0" HIGH MIN.
-CONFIRM FINAL HEIGHT WITH L.A.
2 X DIA OF ROOTBALL
6' HT FOR 5 GA., 8' HT FOR 15 G
EXISTING SOIL
SEE TABLE BELOW
2'-0"
NOTE:
SHAPE SOIL SURFACE TO
PROVIDE 3' DIAMETER
WATERING RING.
CONTAINER GROWN TREE
AS PER PLANT LEGEND
RUBBER TREE TIES - LOOP EACH
TIE AROUND HALF OFTREE LOOSEL Y
TO PROVIDE 1” SLACK FOR TRUNK GROWTH
ROOTBALL - SCARIFY AT PLANTING
MULCH -APPL Y 3” OF MULCH - HOLD MULCH
2" FROM TRUNK FLAIR. DO NOT COVER
TRUNK FLAIR WITH MULCH OR SOIL
PREPARED BACKFILL MIX - SEE NOTES
TREE STAKES
-DRIVE STAKE @ ROOTBALL EDGE
-REMOVE +/- 1 YEAR AFTER PLANTING
SOIL BERM TO HOLD WATER
COMPACTED SOIL
SCARIFY BOTTOM OF PIT
REMOVE SOIL TO 6" MIN DEPTH
AROUNDROOTBALL TO CREATE
TRENCH
REMOVE ALL WIRE & STRING.
REMOVE ALL BURLAP FROM TOP
2/3 OF ROOTBALL
TREE PLANTING DETAIL
NTS
5 L3.1
DEPTH OF PIT < DEPTH
OF ROOT BALL
TREE PLANTING DETAIL
NTS
1 L0.12
09.30.2022 LPC 03 SET
DATE: ISSUE:
SCALE:
L0.13
PLANTING DETAILS
AS NOTED
88 MISSOURI SAN FRANCISCO 94107
T: 415.861.3100W: arterrasf.com
ARCH STREET RESIDENCE
1325 ARCH STREET
BERKELEY, CALIFORNIA
APN: 060-2465-027-00
BERM WATERING BASIN AND OVERLAY
W/JUTE MESH WHERE SLOPE EXCEEDS 3:1
LODGE POLE PINE STAKES 2" - 3" DIA TREAT
W/COPPER NAPTHENATE.
LOCATE @ WINDWARD SIDE OF TREE
BERM WATERING BASIN AND
OVERLAY W/JUTE MESH
24" MIN
PREPARED BACK FILL MIX
6' - 0" @ 5 GAL
8' - 0" @ 15 GAL
BLACK RUBBER TREE TIES
2X DIA OF ROOTBALL
UNDISTURBED SOIL
ROOTBALL TO BE KEPT UNBROKEN SCARIFY AT PLANTING
ROOTBALL TO BE KEPT UNBROKEN-
SCARIFY AT PLANTING.
-REMOVE BURLAP/WIRE MESH
UNDISTURBED SOIL
2X DIA OF ROOTBALL
2X DIA OF ROOTBALL
EXISTING SLOPE
EXISTING SOIL
AND BACKFILL
TRUNK FLARE
EXISTING GRADE
NOTE:
PLACE CROWNED TREE HIGH AT PLANTING, TO ALLOW FOR SETTLING.
SLOPE PLANTING DETAIL
NTS
7 L3.1
SLOPE PLANTING DETAIL
NTS
1 L0.13
09.30.2022 LPC 03 SET
DATE: ISSUE:
SCALE:
L0.14
PLANTING DETAILS
AS NOTED
88 MISSOURI SAN FRANCISCO 94107
T: 415.861.3100W: arterrasf.com
ARCH STREET RESIDENCE
1325 ARCH STREET
BERKELEY, CALIFORNIA
APN: 060-2465-027-00
NON STAINING CONTAINER SOIL
- NO REDWOOD PRODUCTS
DRILL BOTTOM OF POT & COVER
WITH BROKEN CLAY TILES
STRAINER
PAVING
FILTER FABRIC LINING SIDES & BOTTOM -
SECURE TO SIDES WITH DUCT TAPE
3” MULCH TOP LAYER
IN LINE IRRIGATION TUBING-
SET IN A RING AROUND PLANT
LIFT POTS OFF PAVING 1/2"
GRAVEL
PLANTING POT DETAIL4 PLANTING POT DETAIL
NTS
1 L0.14
3” MULCH COVER
PLANTING SOIL
BACKFILL/MIX
ROOTBALL
2X Ø OF ROOTBALL
1'-6"3"
WALL/FENCE
FASTEN BRANCHES
TO FENCE
BEGIN TRAINING
UP AND OUT
2X Ø OF ROOTBALL
TOP OF WALL CAP
SET EYE BOLTS
UNDER CAP
GAL V WIRE, 3 PER VINE
ANCHOR INTO SOIL
2'-6" 2'-6"
VINE TIES
FIN GRADE
VINE PLANTING DETAIL6 VINE PLANTING DETAIL
NTS
2 L0.14
09.30.2022 LPC 03 SET
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
INFORMATION CALENDAR
March 21, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: LPO NOD: 1911 Fourth Street /#LMSAP2022-0014
INTRODUCTION
The attached Landmarks Preservation Commission Notice of Decision (NOD) is presented to the Mayor and City Council pursuant to Berkeley Municipal Code/Landmarks Preservation Ordinance (BMC/LPO) Section 3.24.240.A, which requires that “a copy of the Notice of Decision shall be filed with the City Clerk and the City Clerk shall present said copy to the City Council at its next regular meeting.”
CURRENT SITUATION AND ITS EFFECTS
The Landmark Preservation Commission (LPC/Commission) has approved a Structural Alteration Permit (SAP) for the subject City Landmark property. This action is subject to a 15-day appeal period, which began on March 7, 2023.
BACKGROUND
BMC/LPO Section 3.24.300 allows City Council to review any action of the Landmarks Preservation Commission in granting or denying a Structural Alteration Permit. In order for Council to review the decision on its merits, Council must appeal the Notice of Decision. To do so, a Council member must move this Information Item to Action and then move to set the matter for hearing on its own. Such action must be taken within 15 days of the mailing of the Notice of Decision, or by March 21, 2023. Such certification to Council shall stay all proceedings in the same manner as the filing of an appeal.
If the Council chooses to appeal the action of the Commission, then a public hearing will be set. The Council must then rule on the designation within 30 days of closing the hearing, otherwise the decision of the Commission is automatically deemed affirmed.
Unless the Council wishes to review the determination of the Commission and make its own decision, the attached NOD is deemed received and filed.
LPO NOD: 1911 Fourth Street/#LMSAP2022-0014 INFORMATION CALENDAR March 21, 2023
ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Landmark designation provides opportunities for the adaptive re-use and rehabilitation of historic resources within the City. The rehabilitation of these resources, rather than their removal, achieves construction and demolition waste diversion, and promotes investment in existing urban centers.
POSSIBLE FUTURE ACTION
The Council may choose to appeal the decision, in which case it would conduct a public hearing at a future date.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no known fiscal impacts associated with this action.
CONTACT PERSON
Fatema Crane, Principal Planner, Planning and Development, 510-981-7410 Attachments:
1: Notice of Decision – #LMSAP2022-0014/1911 Fourth Street
Attachment 1, Part 1
L A N D M A R K S
P R E S E R V A T I O N
C O M M I S S I O N
N o t i c e o f D e c i s i o n
DATE OF BOARD DECISION: February 2, 2023
DATE NOTICE MAILED: March 6, 2023
APPEAL PERIOD EXPIRATION: March 21, 2023
EFFECTIVE DATE OF PERMIT (Barring Appeal): March 22, 20231 1911 Fourth Street – Spenger’s Fish Grotto
Structural Alteration Permit #LMSAP2022-0014 to install two temporary structures immediately adjacent to a tenant space within a City Landmark property.
The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following request:
Structural Alteration Permit
APPLICANT: Olin Cohan, Masaya Trading Company
ZONING DISTRICT: Commercial West Berkeley (C-W)
ENVIRONMENTAL REVIEW STATUS: Categorically exempt pursuant to Section 15331 of the CEQA Guidelines (Historical Resource Restoration and Rehabilitation).
The Application materials for this project are available online at:
https://berkeleyca.gov/construction-development/land-use-development/zoning-projects
FINDINGS, CONDITIONS AND APPROVED PLANS ARE ATTACHED TO THIS NOTICE 1 Pursuant to BMC Section 1.04.070, if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day. Pursuant to BMC Section 3.24.190, the City Council may “certify” any decision of the LPC for review, within fifteen days from the mailing of the NOD. Such certification shall stay all proceedings in the same manner as the filing of a notice of appeal.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2022-0014
1911 Fourth Street
March 6, 2023
COMMISSION VOTE: 8-0-0-1
YES: ADAMS, ENCHILL, FINACOM, LEUSCHNER, LINVILL, MONTGOMERY,
SCHWARTZ, TWU
NO: [NONE]
ABSTAIN: [NONE]
ABSENT: CRANDALL
TO APPEAL THIS DECISION (see Section 3.24.300 of the Berkeley Municipal Code) An appeal may be taken to the City Council by the City Council on its own motion, by motion of the Planning Commission, by motion of the Civic Art Commission, by the verified application of the owners of the property or their authorized agents, or by the verified application of at least fifty residents of the City aggrieved or affected by any determination of the commission made under the provisions of this chapter.
Such appeal shall be taken by filing a written notice of appeal with the City Clerk within fifteen days after the mailing of the notice of the decision of the commission. The notice of appeal shall clearly and concisely set forth the grounds upon which the appeal is based. If the appeal is taken by an owner of the property affected, or an authorized agent, the notice of appeal shall be filed in duplicate and the City Clerk shall immediately forward one copy to the secretary of the commission. If the appeal is taken by someone other than an owner of affected property or an authorized agent, the notice of appeal shall be filed in triplicate and the City Clerk shall immediately forward one copy to the owner or authorized agent of the affected property and one copy to the secretary of the commission. Within ten days after the filing of a notice of appeal, the secretary of the commission shall transmit to the City Council a copy of the application, a copy of the notice of appeal and a written statement setting forth the reasons for the commission’s decision, and shall make available to the council, at the time the matter is considered by the council, all other papers constituting the record upon which the action appealed from was taken.
The City Clerk is located at 2180 Milvia Street, 1st Floor, Berkeley. The City Clerk’s facsimile number is (510) 981-6901. The City Clerk’s telephone number is (510) 981-6900.
An appeal must be received prior to 5:00 p.m. on the "APPEAL PERIOD EXPIRATION" date shown above (if the close of the appeal period falls on a weekend or holiday, then the appeal period expires the following business day).
The required fee is as follows (checks and money orders must be payable to “City of Berkeley”):
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2022-0014
1911 Fourth Street
March 6, 2023
a. The basic fee for persons other than the applicant is $500. This fee may be reduced to $100 if the appeal is signed by persons who lease or own at least 50 percent of the parcels or dwelling units within 300 feet of the project site, or at least 25 such persons (not including dependent children), whichever is less. b. The fee for appeals of affordable housing projects (defined as projects which provide 50 percent or more affordable units for households earning 80% or less of Area Median Income) is $500, which may not be reduced.
c. The fee for all appeals by Applicants is $2,500.
STRUCTURAL ALTERATION PERMIT ISSUANCE:
If no appeal is received, the Structural Alteration Permit will be issued on the first business day following expiration of the appeal period, and the project may proceed at that time. Information about the Building Permit process can be found at the following link:
http://www.ci.berkeley.ca.us/permitservicecenter/.
NOTICE CONCERNING YOUR LEGAL RIGHTS:
If you object to this decision, the following requirements and restrictions apply:
1. If you challenge this decision in court, you may be limited to raising only those issues you or someone else raised in a public hearing and/or written correspondence during the proceedings related to this permit.
2. You must appeal to the City Council within fifteen (15) days after the Notice of Decision of the action of the Landmarks Preservation Commission is mailed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a permit may be filed more than ninety (90) days after the date the decision becomes final, as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period will be barred.
4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins upon final action by the City, and that any challenge must be filed within this 90-day period.
5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constitutes a “taking” of property for public use without just compensation under the California or United States Constitutions, your appeal of this decision must including the
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2022-0014
1911 Fourth Street
March 6, 2023
following information:
A. That this belief is a basis of your appeal.
B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.
C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set forth above.
If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City Council and in court.
PUBLIC COMMENT:
Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website.
Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission or committee for further information.
FURTHER INFORMATION:
Questions about the project should be directed to the project planner, Desiree Dougherty, at (510) 981-7431 or [email protected]. All project application materials, including full-size plans, may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street, during regular business hours.
ATTACHMENTS:
1. Findings and Conditions
2. Project Plans, dated DECEMBER 23, 2022
ATTEST:
Fatema Crane, Principal Planner
Secretary to the Landmarks Preservation Commission
cc: City Clerk
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMSAP2022-0014
1911 Fourth Street
March 6, 2023
Applicant: Olin Cohan, Masaya Trading Company, 3820 Charlotte Avenue, Nashville TN 37209
Property Owner: Jamestown Urban Management, 1700 Montgomery Street, Suite 215, San Francisco, CA 94111
A t t a c h m e n t 1, part 2
F i n d i n g s a n d C o n d i t i o n s
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 E-mail: [email protected]
1911 Fourth Street – Spenger’s Fish Grotto
Structural Alteration Permit #LMSAP2022-0014 to install two temporary structures immediately adjacent to a tenant space within a City Landmark property.
CEQA FINDINGS
1. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq. and California Code of Regulations, §15000, et seq.) pursuant to Section 15331 of the CEQA Guidelines (“Historic Resource Restoration/Rehabilitation”). Furthermore, none of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects, (d) the project is not located near a scenic highway, and (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5.
SECRETARY OF THE INTERIOR’S STANDARDS FINDINGS
Regarding the Secretary of the Interior’s Standards for Rehabilitation, the Landmarks Preservation Commission of the City of Berkeley makes the following findings:
1. The proposed project does not require a change of use. The property will retain its historic commercial use.
2. The project avoids removal of distinctive materials and any alteration of features that characterize the property. The project scope is limited to the construction of two temporary accessory structures in the outdoor patio located directly adjacent to the subject tenant space. No demolition or alteration to the building façade is proposed.
3. The project proposed two modern designed structures, a pergola and a display shed.
Because these structures are contemporary and temporary, they will not result in a false sense of historical development.
4. The subject property does not feature changes that have acquired significance in their own right.
5. Distinctive materials, features, finishes, and construction techniques, or examples of craftsmanship that characterize the Spenger’s Grotto will be preserved as the scope will not touch the historic structure.
1911 FOURTH STREET STRUCTURAL ALTERATION PERMIT - Findings and Conditions
6. As conditioned herein, if deteriorated historic features will be affected by this request, then they would be repaired or replaced to match the materials, design, and finishes of the original items.
7. The applicant does not propose chemical or physical treatments. However, standard conditions of Structural Alteration Permit approval would require any chemical or physical treatments to be undertaken using the gentlest means possible.
8. The project does not have the potential to affect any archaeological resources because the applicant proposes no excavation.
9. The proposed new work is designed with complimentary, high-quality materials in simplified, contemporary style employing colors and finishes that harmonize with the design elements of the existing non-historic building. Owing to these aspects, new work will be sufficiently differentiated from the historic design.
10.If the proposed improvements were removed in the future, they would not permanently impair the integrity or essential form of the subject building.
FINDINGS FOR APPROVAL
1. As required by Section 3.24.260 of the Landmarks Preservation Ordinance, the Commission finds that proposed work is appropriate for and consistent with the purposes of the Ordinance, and will preserve and enhance the characteristics and features specified in the designation for this property. Specifically:
a. The proposed area of scope is limited to the outdoor space located on the andmarked parcel, but not a part of the landmarked structure. No changes are proposed on the landmarked building.
b. The proposed project would provide temporary display opportunities for the subject tenant space and would be removed once the lease of the space has come to term.
There are no aspects of this proposal that would be detrimental to the character of the landmarked commercial building.
STANDARD CONDITIONS
The following conditions, as well as all other applicable provisions of the Landmarks Preservation Ordinance, apply to this Permit:
1. Conditions Shall be Printed on Plans
The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Permit, under the title ‘Structural Alteration Permit Conditions’. Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8-1/2” by 11” sheets are not acceptable.
1911 FOURTH STREET STRUCTURAL ALTERATION PERMIT - Findings and Conditions
2. Plans and Representations Become Conditions
Except as specified herein, the site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or during the approval process are deemed conditions of approval.
3. Subject to All Applicable Laws and Regulations
The approved use and/or construction is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies. Prior to construction, the applicant shall identify and secure all applicable permits from the Building and Safety Division, Public Works Department and other affected City divisions and departments.
4. Exercise and Lapse of Permits (Section 23B.56.100)
A. A permit for the construction of a building or structure is deemed exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.
B. A permit may be declared lapsed and of no further force and effect if it is not exercised within one year of its issuance, except that permits for construction or alteration of structures or buildings may not be declared lapsed if the permittee has: (1) applied for a building permit; or (2) made substantial good faith efforts to obtain a building permit and begin construction, even if a building permit has not been issued and/or construction has not begun.
5. Indemnification Agreement
The applicant shall hold the City of Berkeley and its officers harmless in the event of any legal action related to the granting of this Permit, shall cooperate with the City in defense of such action, and shall indemnify the City for any award of damages or attorneys fees that may result.
ADDITIONAL CONDITIONS
The following additional conditions are attached to this Permit:
6. The proposed façade upgrades are approved as shown on the drawings dated “received December 23, 2022” subject to the following conditions.
7. No changes can be made to these approved plans without prior approval.
8. CITY PERMITS . This Structural Alteration Permit (SAP) approval is contingent upon approval of the requisite Use Permit and Public Work Permit for the project scope.
9. PLANS COMPLIANCE. Construction and building permit plans shall substantially conform to the Structural Alteration Permit (SAP) project plans dated/received December 23, 2022.
1911 FOURTH STREET STRUCTURAL ALTERATION PERMIT - Findings and Conditions
10. REMOVAL OF TEMPORARY STRUCTURES. Applicant shall be responsible for disassembly and removal of the pergola and shed at the termination of their lease and for any necessary repairs to the patio surface.
11. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.
12. COLORS. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit color and materials information for review and approval by Landmarks staff, in coordination with the LPC Chair as needed.
13. CLEAR GLASS. All glass is assumed to be clear glass. Any proposed glass that is not clear glass, or includes signage, shall be indicated on all drawings, and shall be reviewed for approval by Landmarks staff.
14. DETAILS. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit pergola and display shed details for review and approval by the Landmarks plan checker.
15. LIGHTING. Prior to Landmarks plan checker sign-off of the building permit set of drawings, the applicant shall submit lighting details showing all existing and proposed site and building lighting. Exterior lighting, including for signage, shall be downcast and not cause glare on the public right-of-way and adjacent parcels.
16. The applicant shall be responsible for identifying and securing all applicable permits from the Building and Safety Division and all other affected City divisions/departments prior to the start of work.
17. The applicant is responsible for complying with all the above conditions. Failure to comply with any condition could result in construction work being stopped, issuance of citations, as well as further review by the Landmarks staff, which may modify or impose additional conditions, or revoke approval.
18. All building permit drawings and subsequent construction shall substantially conform to the approved plans as outlined in Condition #1. Any modifications must be reviewed by the Landmarks plan checker to determine whether the modification requires approval.
19. The applicant shall hold harmless, defend, and indemnify the City of Berkeley and its officers, agents, and employees against any and all liability, damages, claims, demands, judgments or other losses (including without limitation, attorney’s fees, expert witness and consultant fees and other litigation expenses), referendum or initiative relating to, resulting from or caused by, or alleged to have resulted from, or caused by, any action or approval associated with the project. The indemnity includes without limitation, any legal or administrative challenge, referendum or initiative filed or prosecuted to overturn, set aside, stay or otherwise rescind any or all approvals granted in connection with the Project, any environmental determination made for the project and granting any permit issued in accordance with the project. This indemnity includes, without limitation,
1911 FOURTH STREET STRUCTURAL ALTERATION PERMIT - Findings and Conditions
payment of all direct and indirect costs associated with any action specified herein. Direct and indirect costs shall include, without limitation, any attorney’s fees, expert witness and consultant fees, court costs, and other litigation fees. City shall have the right to select counsel to represent the City at Applicant’s expense in the defense of any action specified in this condition of approval. City shall take reasonable steps to promptly notify the Applicant of any claim, demand, or legal actions that may create a claim for indemnification under these conditions of approval.
20. Repair and replacement of character-defining features . Repair and replacement of character-defining features. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old or historic feature in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
21. Chemical Treatments. Any chemical treatments needed as construction progresses will be undertaken using the gentlest means possible.
masaya tenant improvement patio plan
1911 FoUrtH street, sUite 104
VICINITY MAP
berkeley, Ca 94710
SHEET INDEX:
Contents Sheet #:
AUP 1.0Vicinity & Site plan
Elevation display shed
AUP 4.0
ARCHITECTURAL
AUP 3.0
LOCATION MAP
aUp/sap sUbmittal
Elevation display pergola
AUP 2.0Landscape plan
Ref
TEMPORARY
STORAGE
TEMPORARY
STORAGE
DECK
STORAGE
ELEC PANEL
TEMPORARY
DISPLAY PERGOLA
TEMPORARY
DISPLAY SHED
PATIO AREA NOTES:
Current bocci ball court and picnic
table to be removed.
Temporary sustainably grown teak
display shed and pergola will be placed
in existing patio area with NO structural
or landscape modifications.
Loose furniture collections to be
presented and available for public use,
to be secured after hours with security
wire and locking system.
Cornhole game to be provided for
public use and offered for sale. To be
stored inside after hours.
Planters to be included throughout
patio area to match planters or similar
across the shopping mall. Large,
weighted planters to be specified for
security purposes, smaller planters to be
store inside after hours.
AUP1.0
DATE:
SHEET NO.:
3360 SANSONE CT
SANTA ROSA, CA 95403
THIS DRAWING AND ALL DESIGNS, DETAILS, AND PRODUCTS ARE CONFIDENTIAL AND THE EXCLUSIVE PROPERTY GUAYACAN INC.
COPYING, REPRODUCTION OR DUPLICATION IN WHOLE OR PART
IS FORBIDDEN UNLESS EXPRESSLY AUTHORIZED BY GUAYACAN INC.
WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE
RESPONSIBLE FOR ALL DIMENSIONS AND FIELD CONDITIONS ON THE
JOB AND THIS OFFICE MUST BE NOTIFIED IMMEDIATELY OF ANY AND ALL DISCREPENCIES.
SUMBITTED
12/23/2022 1911 4Th St. Suite 104 TI12/23/2022
Vicinity & Site plan
AUP/SUP Submittal
Attachment 1, part 3
SYMBOL
TREES
PIS CHI
SHRUB
PIE F.S.
LOR PUR
PERENNIALS
HEU CRI
SCIENTIFIC NAMECOMMON NAME
PISTACIA CHINENSISCHINESE PISTACHE
FORM
TREES
TREE
PIERIS JAPONICA 'FLAMING SILVER'
LOROPETALUM CHINESE 'PURPLE PIXE'
LILY-OF-THE-VALLEY SHRUB
SHRUB
SHRUB
SHRUB
HEUCHERA HYBRID 'CRIMSON CURLS' CORAL BELL 'CRIMSON CURLS'
GRASSES AND SEDGES
FES CAL
PERENNIALS
PERENNIAL
FESTUCA CALIFORNICACALIFORNIA FESCUE
GRASSES AND SEDGES
GRASS/RUSH/SEDGE
MAX HT MAX SP SUN PS SD
30-6030-60
WATER 36" #15 #5 #1
1 NOTES
4 1
4 4-5X
X
X
Med
Med
27 19
3' O.C.
1.5XXLow40
2-31-2XXLow274
DATE:
SHEET NO.:
3360 SANSONE CT
SANTA ROSA, CA 95403
THIS DRAWING AND ALL DESIGNS, DETAILS, AND PRODUCTS ARE CONFIDENTIAL AND THE EXCLUSIVE PROPERTY GUAYACAN INC.
COPYING, REPRODUCTION OR DUPLICATION IN WHOLE OR PART
IS FORBIDDEN UNLESS EXPRESSLY AUTHORIZED BY GUAYACAN INC.
WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE
RESPONSIBLE FOR ALL DIMENSIONS AND FIELD CONDITIONS ON THE
JOB AND THIS OFFICE MUST BE NOTIFIED IMMEDIATELY OF ANY AND ALL DISCREPENCIES.
SUMBITTED
12/23/2022 1911 4Th St. Suite 104 TI12/23/2022
Landscape plan
AUP 2.0
AUP/SUP Submittal
EXISTING PLANTERS
+ 0' - 5 3
4" FF
JOIST PANEL
+7'-10 1
4" F.T.C
TOP CAP
+ 9' - 3 5
8" F.G.T
+ 10' - 1 3
8" F. R
+ 0' - 5 3
4" FF
JOIST PANEL
+7'-10 1
4" F.T.C
+ 9' - 3 5
8" F.G.T
+ 1' - 0" FF
JOIST PANEL
+7'-10 1
4" F.T.C
TOP CAP
+ 10' - 1 3
8" F. R
+ 0' - 5 3
4" FF
JOIST PANEL
+7'-10 1
4" F.T.C
+ 9' - 3 5
8" F.G.T
DATE:
SHEET NO.:
3360 SANSONE CT
SANTA ROSA, CA 95403
THIS DRAWING AND ALL DESIGNS, DETAILS, AND PRODUCTS ARE CONFIDENTIAL AND THE EXCLUSIVE PROPERTY GUAYACAN INC.
COPYING, REPRODUCTION OR DUPLICATION IN WHOLE OR PART
IS FORBIDDEN UNLESS EXPRESSLY AUTHORIZED BY GUAYACAN INC.
WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE
RESPONSIBLE FOR ALL DIMENSIONS AND FIELD CONDITIONS ON THE
JOB AND THIS OFFICE MUST BE NOTIFIED IMMEDIATELY OF ANY AND ALL DISCREPENCIES.
SUMBITTED
12/23/2022 1911 4Th St. Suite 104 TI12/23/2022
5073 Double door
3030
Fixed window.
S 1:12
11'-11"
10'
PBU 26 gage metal roof
(or approved equal).
PBU 26 gage metal roof
(or approved equal).
Front glazing truss
Side glazing truss
3673 Fixed window.
Teak wall paneling
3062Fixed
window.
3030
Fixed window.
Elevation display shed
AUP 3.0
AUP/SUP Submittal
+ 0' - 0" F.F
+ 8' - 00" F.T
+ 0' - 0" F.F
+ 8' - 00" F.T
+ 0' - 0" F.F
+ 8' - 00" F.T
AUP 4.0
DATE:
SHEET NO.:
3360 SANSONE CT
SANTA ROSA, CA 95403
THIS DRAWING AND ALL DESIGNS, DETAILS, AND PRODUCTS ARE CONFIDENTIAL AND THE EXCLUSIVE PROPERTY GUAYACAN INC.
COPYING, REPRODUCTION OR DUPLICATION IN WHOLE OR PART
IS FORBIDDEN UNLESS EXPRESSLY AUTHORIZED BY GUAYACAN INC.
WRITTEN DIMENSIONS ON THESE DRAWINGS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. CONTRACTORS SHALL VERIFY AND BE
RESPONSIBLE FOR ALL DIMENSIONS AND FIELD CONDITIONS ON THE
JOB AND THIS OFFICE MUST BE NOTIFIED IMMEDIATELY OF ANY AND ALL DISCREPENCIES.
SUMBITTED
12/23/2022 1911 4Th St. Suite 104 TI12/23/2022
10'
10'-0 1/8"
Elevation display pergola
6x6 teak glulam
beam
2x3 teak wood
Trellis
6x6 teak glulam
Column
6x6 teak glulam
beam
2x3 teak wood
ladder
6x6 teak glulam
Column
6x6 teak glulam
beam
6x6 teak glulam
Column
6x6 teak glulam
beam
2x3 teak wood
ladder
AUP/SUP Submittal
Disaster and Fire Safety Commission
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
INFORMATION CALENDAR
March 21, 2023
To: Honorable Mayor and Members of the City Council
From: Disaster and Fire Safety Commission
Submitted by: Jose Luis Bedolla, Chairperson, Disaster and Fire Safety Commission Subject: 2022 Disaster and Fire Safety Commission Work Plan
INTRODUCTION
As directed by the City Council, the Disaster and Fire Safety Commission (DFSC) hereby submits its workplan for 2022.
CURRENT SITUATION AND ITS EFFECTS
On September 28, 2022, the Disaster and Fire Safety Commission passed a motion to submit the attached annual commission work plan with final revisions on “cohorts” by Commissioner Bedolla. Motion: N. Rader; Second: W. Bradstreet; Vote: 7 Ayes:
Bedolla, Rader, Dean, Bradstreet, Simmons, Degenkolb, Stein; 0 Noes; 1 Absent:
Cutler; Abstain:
BACKGROUND
On July 19, 2016, the City Council approved a consent item that directs Berkeley Commissions, with the exception of the Board of Library Trustees, the Zoning Adjustments Board, and the Design Review Committee, to submit a workplan to the City Council at the beginning of each fiscal year.
ENVIRONMENTAL SUSTAINABILITY
Not applicable.
POSSIBLE FUTURE ACTION
Not applicable.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Not applicable.
CONTACT PERSON
Keith May, Assistant Fire Chief, Berkeley Fire Department, 510-981-5508 Attachments:
1: 2022 Disaster and Fire Safety Commission Work Plan
Berkeley Disaster and Fire Safety Commission
WORK PLAN – FY 2022-2023
Mission Statement
The Disaster and Fire Safety Commission serves as the public oversight body for Berkeley’s Measure GG and Measure FF funds, charged with reviewing the budget on a regular basis to ensure that the funds are spent in accordance with the intent of the voter approved measures, recommending the appropriate annual increase to the tax rate, and recommending new programs and policy positions requiring Measure GG and Measure FF funding. The ultimate goal of the Commission is to increase community safety, resilience, and education for community disaster preparedness. The Commission also reviews and makes recommendations on items referred by the City Council or other Commissions.
Summary of FY 2022-2023 Work Plan Activities
GOAL Activities Expected Outcomes Commissioners
1. Plan &
Budget
Oversight
a) Review BFD materials
on a quarterly basis
b) Meet monthly as
Finance ad hoc
working group with FD
to review monthly
materials
c) Track financial issues
related to FF & GG
with the City Council
a) Budget development plan
b) Provide input of quarterly budget
c) Provide annual budget
recommendation City Council on
FF & GG
d) Provide recommendation to City
Council on annual GG increases
e) Provide City Council
recommendation for midyear
program corrections (ad hoc)
Rotating group of
commissioners (based
on availability) on a
quarterly basis hosted
by Chair / Chief
2. Home
hardening
a) Lead review of
monthly inspection
report
b) Review sessions with
Fire Marshal
c) Listening sessions
with Building
Department
a) Provide recommendation to City
Council on annual inspection
program targets
b) Provide recommendation to City
Council on building code
modifications for Fire Safety (ad
hoc)
P. Degenkolb
W. Bradstreet
S. Dean
3. Wildland-
urban
interface
(WUI)
a) Participate in and
promote CWPP
process
b) Provide input to
CWPP consultant
c) Review vegetation
management program
a) Provide monthly report and input
to CWPP working group team &
report to commission
b) Provide recommendation to City
Council on CWPP report or
additions/edits to report
c) Provide recommendation to City
Council on vegetation
management program
N. Rader
JL. Bedolla
T. Simmons
Internal
Berkeley Disaster and Fire Safety Commission
WORK PLAN – (FY 2022-2023)
GOAL Activities Expected Outcomes Commissioners
4. Safe
passages
a) Review previous safe
passages program
and its component
parts (parking
restrictions, red curb,
notification alerts,
evacuation planning)
b) Meet with community
members for intake
c) Absorb CWPP report
a) Restart of Safe Passages
Program
b) Formation of team/committee to
develop plan
c) Provide recommendation to City
Council on draft revised Safe
Passages program
JL. Bedolla
K. Cutler
A Stein
5. Community
Outreach
a) Work with FD on
educating the public
on disaster and fire
safety programs
b) Coordinate / alert
commission of
potential outlets for
information
c) Follow / facilitate /
support meetings with
community groups
d) Follow to conclusion
external emergency
speaker system
e) Track Commission
recommendations /
status
a) Provide recommendation to City
Council on mid-program
changes to current
communications plan
b) Provide City Council
recommendation into annual
communications plan
S. Dean
A. Stein
T. Simmons
Communications
All communications submitted to the City Council are
public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
Records Online
https://records.cityofberkeley.info/
To search for communications associated with a particular City Council meeting using Records Online:
1. Select Search Type = “Public – Communication Query (Keywords)”
2. From Date: Enter the date of the Council meeting
3. To Date: Enter the date of the Council meeting (this may match the From Date field)
4. Click the “Search” button
5. Communication packets matching the entered criteria will be returned
6. Click the desired file in the Results column to view the document as a PDF