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Church's use of peyote and the use of ayahuasca by two other churches, a Santo Daime congregation and the Uniao do Vegetal; and
WHEREAS, The United Nations considers Entheogenic Plant material used for ritual purposes as excluded from Schedule 1 substances; and
WHEREAS, Entheogenic plants containing ibogaine, for example, have been shown to alleviate treatment resistant cases of opiate and methamphetamine addiction even when other treatments have been ineffective11. In addition, ibogaine is reported to be beneficial for addiction therapy related to specific work-related PTSD encountered by first responders such as EMT, police, and firefighters, as well as military veterans; and WHEREAS, Entheogenic Plants or combinations of plants such as ayahuasca that contain forms of DMT, a naturally occurring compound in the human body that is listed as a Schedule 1 substance, can lead to experiences that are reported as mystical or experientially similar to near death experiences,12 and that can be demonstrably beneficial in treating addiction13, depression14, and PTSD15, and in that some have found to catalyzing catalyze profound experiences of personal16 and spiritual17 growth; and
WHEREAS, Entheogenic cacti that contain phenethylamine compounds such as mescaline can be beneficial in healing drug and alcohol addiction18 and for individual spiritual growth19, and have been utilized in sacred initiation and community healing by diverse religious and cultural traditions for millennia and continuing use as religious sacraments in modern times; and
WHEREAS, psilocybin, naturally occurring in Entheogenic mushrooms, can alleviate end-of-life anxiety for hospice and terminal cancer patients20, can reduce prison recidivism21, and can effectively treat substance abuse, depression22, cluster headaches23; and
11 See Iboga/Ibogaine for Addiction Therapy
12 See Ayahuasca Experience Similar to Near-Death Experience 13 See Ayahuasca for Addiction Therapy
14 See Ayahuasca and Depression
15 See Ayahuasca and PTSD
16 See Ayahuasca and Personal Growth
17 See Ayahuasca and Spiritual Growth
18 See Peyote for treatment of alcohol and drug dependence 19 See Peyote
20 See Psilocybin for End-of-Life Anxiety
21 See Entheogens and Reduced Recidivism
22 See Psilocybin and Treatment-Resistant Depression
23 See Psilocybin and Cluster Headaches
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WHEREAS, a Johns Hopkins University study on "healthy-normals" found that psilocybin can occasion mystical-type experiences, which were considered one of the top five most meaningful experiences in a subject's life for over 75% of their subjects within the first year after the study, and found continuing positive life-style changes after a 14-month follow-up; and
WHEREAS, the following principles, when adhered to, help to ensure safe and responsible use of entheogenic plants:
1. Entheogens are not for everyone. Knowledgeable clinicians caution that some people should not take entheogenic plants or fungi, including people with a personal or family history of schizophrenia or bipolar disorder or who are taking certain medications or using other recreational drugs. See https://adf.org.au/drug-facts/psychedelics/ for more information.
2. Always conduct thorough research before using entheogens or other drugs. Side effects, interactions, and long term consequences are possible with any drug, including but not limited to permanent brain and personality changes.
3. If someone has a serious condition like major depression or PTSD, they would do well to get serious, professional help before using an entheogen and to ask that caregiver’s advice. Some counselors and therapists are glad to work with a client before and after an entheogenic journey.
4. Unless you have expert guidance, it’s best to start with small amounts, using more only after you become familiar with the material and the terrain.
5. Don’t go solo. Have at least one trusted friend (called sitter, guide, or facilitator) be with you, sober during the entire journey, and commit in advance to honor that person’s instructions if he or she tells you not to do something. Entheogens can amplify the whole range of human emotions, including anxiety, which can sometimes lead to panic. Having a sitter gives you a certain comfort and mental freedom, and can help keep things safe.
6. Reverence reduces risks and can help lead to positive outcomes. In cultures that have long used entheogenic substances beneficially, that use is approached with great respect, not haphazardly, and for life-enhancing purposes.
; and
WHEREAS, the City of Berkeley wishes to declare its desire not to expend City resources in any investigation, detention, arrest, or prosecution arising out of alleged violations of state and federal law regarding the use of Entheogenic Plants.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Mayor and City Council hereby declare that it shall be the policy of the City of Berkeley
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that no department, agency, board, commission, officer or employee of the city, including without limitation, Berkeley Police Department personnel, shall use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults of at least 21 years of age. For the purposes of this resolution, Entheogenic Plants are defined as plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indole amines, tryptamines, phenethylamines.
BE IT FURTHER RESOLVED that this resolution does not authorize or enable any of the following activities: commercial sales or manufacturing of these plants and fungi, possessing or distributing these materials in schools, driving under the influence of these materials; or public disturbance.
BE IT FURTHER RESOLVED that the Council urges all those who decide to use entheogenic plants to consult their doctor beforehand and take the utmost medical precaution when doing so, and that no part of this resolution constitutes medical advice or a recommendation or endorsement of any drug or product.
BE IT FURTHER RESOLVED that the City Council directs the City Manager to work with the City’s lobbyists to support the decriminalization of all Entheogenic Plants and plant- based compounds that are listed on the Federal Controlled Substances Schedule 1.
BE IT FURTHER RESOLVED that the City Council hereby declare that it shall be the policy of the City of Berkeley that the investigation and arrest of adult persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing Entheogenic Plants or plant compounds on the Federal Schedule 1 list shall be amongst the lowest law enforcement priority for the City of Berkeley.
BE IT FURTHER RESOLVED that the City Council call upon the Alameda County District Attorney to cease prosecution of persons involved in the use of Entheogenic Plants or plant-based compounds on the Federal Schedule 1 List.
BE IT FURTHER RESOLVED that the City Council directs the City Manager to return to Council and present an assessment of community impacts and benefits within a year of passage of this resolution.
BE IT FURTHER RESOLVED that if any provision of this resolution is declared by a court of competent jurisdiction to be contrary to any statute regulation or judicial decision or its applicability to any agency person or circumstances is held invalid the validity of the remainder of this resolution and it applicability to any other agency person or circumstance shall not be affected.
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BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to Alameda County Supervisor Keith Carson, Assemblymember Buffy Wicks, State Senator Nancy Skinner, Congresswoman Barbara Lee, Senator Dianne Feinstein, and Senator Kamala Harris, and that the Berkeley City Council formally requests that they take action to decriminalize Entheogenic plants through their respective legislative bodies.
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References
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Cox, Billy. “VA approves psychedelic ketamine for PTSD treatment.” Herald Tribune, 30 June 2019, https://www.heraldtribune.com/news/20190630/va-approves-psychedelic- ketamine-for-ptsd-treatment
Farr, Christina. “Investors are starting to bet big on psychedelic medicine.” CNBC, 27 March 2019, https://www.cnbc.com/2019/03/27/psychedelic-medicine-start-ups-vet- ketamine-psilocybin-for-depression.html
Felix, Sonia, et al. Going after the Addiction, Not the Addicted: The Impact of Drug Decriminalization in Portugal. IZA Institute of Labor Economics, July 2017, ftp.iza.org/dp10895.pdf.
Halpern, John H, et al. “Psychological and Cognitive Effects of Long-Term Peyote Use among Native Americans.” Biological Psychiatry, U.S. National Library of Medicine, 15 Oct. 2005, www.ncbi.nlm.nih.gov/pubmed/16271313.
Thomas, Gerald, et al. “Ayahuasca-Assisted Therapy for Addiction: Results from a Preliminary Observational Study in Canada.” Maps.org, 2013, maps.org/research- archive/ayahuasca/Thomas_et_al_CDAR.pdf.
Entheogens for Personal and Spiritual Growth
Frecska, E., et al. (2012). Enhancement of Creative Expression and Entoptic Phenomena as After-Effects of Repeated Ayahuasca Ceremonies. Journal of Psychoactive Drugs 44(3), pp. 191-199.
Hartogsohn, I. (2018). The Meaning-Enhancing Properties of Psychedelics and Their Mediator Role in Psychedelic Therapy, Spirituality, and Creativity. Frontiers in Neuroscience, 12 (129). doi:10.3389/fnins.2018.00129
MacLean, K., et al. (2011). Mystical experiences occasioned by the hallucinogen psilocybin lead to increases in the personality domain of openness. Journal of Psychopharmacology, 25(11) 1453–1461.
Móró, L., et al. (2011) Voice of the Psychonauts: Coping, Life Purpose, and Spirituality in Psychedelic Drug Users. Journal of Psychoactive Drugs, 43 (3), pp. 188-198.
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Mystical Experience, and Creative Problem Solving. Journal of Psychoactive Drugs, 48 (5), pp. 344-350, DOI: 10.1080/02791072.2016.1234090
Entheogens and Psychological Wellness
Frecska E., et al., (2016). The Therapeutic Potentials of Ayahuasca: Possible Effects against Various Diseases of Civilization. Frontiers in Pharmacology, 7(35). doi:10.3389/fphar.2016.00035
McKenna, D. (2004). Clinical investigations of the therapeutic potential of ayahuasca:
rationale and regulatory challenges. Pharmacology & Therapeutics 102(2), pp. 111-129.
dos Santos, R. et al. (2017). Effects of the Natural β- Carboline Alkaloid Harmine, a Main Constituent of Ayahuasca, in Memory and in the Hippocampus: A Systematic Literature Review of Preclinical Studies. Journal of Psychoactive Drugs, 49 (1), pp. 1-10, DOI: 10.1080/02791072.2016.1260189 Wilcox, J. (2014). Psilocybin and Obsessive-Compulsive Disorder. Journal of Psychoactive Drugs, 46 (5), pp. 393-395. DOI: 10.1080/02791072.2014.963754
Entheogens and Physical Wellness
Djamshidian, A., et al. (2015). "Banisteriopsis caapi, a Forgotten Potential Therapy for Parkinson's Disease?" Movement Disorders Clinical Practice: n/a-n/a.
Liu, X., et al., (2017) Harmine is an inflammatory inhibitor through the suppression of NF-kB signaling. Biochemical and Biophysical Research Communications, http://dx.doi.org/10.1016/j.bbrc.2017.05.126
Ly et al. (2018). Psychedelics Promote Structural and Functional Neural Plasticity. Cell Reports 23, pp. 3170–3182.
McCleary, J., et al., (1960). Antibiotic activity of an extract of peyote (Lophophora Williamii). Economic Botany, 14(3), pp. 247-249.
dos Santos, R. (2014) Immunological Effects of Ayahuasca in Humans. Journal of Psychoactive Drugs, 46 (5), pp. 383-388.
Samoylenkoa, V., et al. (2010). Banisteriopsis caapi, a unique combination of MAO inhibitory and antioxidative constituents for the activities relevant to neurodegenerative disorders and Parkinson’s disease. Journal of Ethnopharmacology, 127 (2), pp. 357–367. doi:10.1016/j.jep.2009.10.030.
Entheogens and Substance Abuse
Bogenschutz, M., et al. (2015). Psilocybin-assisted treatment for alcohol dependence: A proof-of-concept study. Journal of Psychopharmacology 29(3), pp. 289-299.
Bogenschutz, M., and Forcehimes, A. (2017). Development of a Psychotherapeutic Model for Psilocybin-Assisted Treatment of Alcoholism. Journal of Humanistic Psychology, 57(4), pp. 389–414.
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Johnson, M. et al. (2017). An online survey of tobacco smoking cessation associated with naturalistic psychedelic use. Journal of Psychopharmacology 31 (7), pp. 841- 850.
de Veen, B. (2017) Psilocybin for treating substance use disorders? Expert Review of Neurotherapeutics, 17 (2), pp. 203-212. DOI: 10.1080/14737175.2016.1220834
Entheogens and Recidivism
Romero, S. (March 28, 2015). In Brazil, some inmates get therapy with hallucinogenic tea. The New York Times.
Entheogens and Anxiety
Sarris, J., et al. (2013). "Plant-based medicines for anxiety disorders, part 2: a review of clinical studies with supporting preclinical evidence." CNS Drugs 27(4), pp. 301- 319.
Entheogens and Grief
González, D., et al. (2017). Potential Use of Ayahuasca in Grief Therapy. OMEGA— Journal of Death and Dying, pp. 1-26.
Ayahuasca and Diabetes
Wang, P. et al., (2015). A high-throughput chemical screen reveals that harmine- mediated inhibition of DYRK1A increases human pancreatic beta cell replication.
Nature Medicine 21, pp. 383–388.
Entheogens and Cluster Headaches
Schindler, E., et al. (2015) Indoleamine Hallucinogens in Cluster Headache: Results of the Clusterbusters Medication Use Survey, Journal of Psychoactive Drugs, 47:5, 372- 381, DOI: 10.1080/02791072.2015.1107664
Historical Use of Entheogens
El-Seedi, H., et al. (2005). Prehistoric peyote use: Alkaloid analysis and radiocarbon dating of archaeological specimens of Lophophora from Texas. Journal of Ethnopharmacology 101(1), pp. 238-242.
Guzmán, G. (2008). Hallucinogenic Mushrooms in Mexico: An Overview. Economic Botany, 62(3), pp. 404-412.
Miller, L. et al., (2019). Chemical evidence for the use of multiple psychotropic plants in
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a 1,000-year-old ritual bundle from South America. Proceedings of the National Academy of Sciences. DOI:10.1073/pnas.190217411
Samorini, G. (1992). The Oldest Representations Of Hallucinogenic Mushrooms In The World (Sahara Desert, 9000 – 7000 B.P.). Integration, Journal of Mind-moving Plants and Culture 2/3.
Iboga/Ibogaine for Addiction Therapy
Alper, K., et al. (1999). Treatment of acute opioid withdrawal with ibogaine. American Journal of Addictions, 8(3), 234–242. doi:10.1080/105504999305848 Brown, T. K. (2013). Ibogaine in the treatment of substance dependence. Current Drug Abuse Reviews, 6(1), 3–16. doi:10.2174/15672050113109990001 Brown, T. and Alper, K. (2017): Treatment of opioid use disorder with ibogaine:
detoxification and drug use outcomes. The American Journal of Drug and Alcohol Abuse. DOI: 10.1080/00952990.2017.1320802
Luciano, D. (1998). Observations on treatment with ibogaine. American Journal of Addictions, 7(1), pp. 89–89. doi:10.1111/j.1521-0391.1998.tb00472.x Mash, D., et al. (2001). Ibogaine in the treatment of heroin withdrawal. In K. Alper, & G.
A. Cordell (Eds.), The alkaloids: Chemistry and biology (1st ed., Vol. 56, pp. 155– 171). London: Academic Press/Elsevier.
Mash, D., et al., (2018) Ibogaine Detoxification Transitions Opioid and Cocaine Abusers Between Dependence and Abstinence: Clinical Observations and Treatment Outcomes. Frontiers in Pharmacology. 9:529. doi: 10.3389/fphar.2018.00529 Sheppard, S. G. (1994). A preliminary investigation of ibogaine: Case reports and recommendations for further study. Journal of Substance Abuse Treatment, 11(4), 379–385. doi:10.1016/0740-5472(94)90049-3
Ayahuasca Experience Similar to Near-Death Experience
Liester, M. B. (2013). Near-death experiences and ayahuasca-induced experiences – two unique pathways to a phenomenologically similar state of consciousness.
Journal of Transpersonal Psychology 45(1), p. 24.
Ayahuasca for Addiction Therapy
Barbosa, P. et al. (2018) Assessment of Alcohol and Tobacco Use Disorders Among Religious Users of Ayahuasca. Frontiers in Psychiatry, 9 (136). doi:10.3389/fpsyt.2018.00136
Brierley, D., and Davidson, C. (2012). Developments in harmine pharmacology – Implications for ayahuasca use and drug-dependence treatment. Progress in Neuro-psychopharmacology & Biology 39(2), pp. 263-272.
Liester, M. and Prickett, J. (2012) Hypotheses Regarding the Mechanisms of Ayahuasca in the Treatment of Addictions. Journal of Psychoactive Drugs, 44 (3), pp. 200-208. DOI: 10.1080/02791072.2012.704590
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September 10, 2019
Loizaga-Velder, A. and R. Verres (2014). Therapeutic effects of ritual ayahuasca use in the treatment of substance dependence--qualitative results. Journal of Psychoactive Drugs 46(1), pp. 63-72.
Mabit, J., et al. (1996). Takiwasi: The Use of Amazonian Shamanism to Rehabilitate Drug Addicts. Yearbook of Cross-Cultural Medicine and Psychotherapy. W.
Andritzky. Berlin, International Institute of Cross-Cultural Therapy Research.
Talina, P., and Sanabriab, E. (2017). Ayahuasca’s entwined efficacy: An ethnographic study of ritual healing from addiction. International Journal of Drug Policy 44, pp. 23–30.
Thomas, G., et al. (2013). Ayahuasca-assisted therapy for addiction: results from a preliminary observational study in Canada. Current Drug Abuse Review 6(1), pp. 30-42.
Ayahuasca and Depression
Anderson, B. (2012). Ayahuasca as Antidepressant? Psychedelics and Styles of Reasoning in Psychiatry. Anthropology of Consciousness, 23 (1), pp. 44–59. de L. Osório, F., et al. (2015). Antidepressant effects of a single dose of ayahuasca in patients with recurrent depression: a preliminary report. Revista Brasileira de Psiquiatria 37(1), pp. 13-20.
Palhano-Fontes, F., et al. (2014). The Therapeutic Potentials of Ayahuasca in the Treatment of Depression. The Therapeutic Use of Ayahuasca. B. C. Labate and C. Cavnar, Springer: Berlin, Heidelberg, pp. 23-39.
dos Santos, R., et al. (2016). Anti-depressive, anxiolytic, and anti-addictive effects of ayahuasca, psilocybin and lysergic acid diethylamide (LSD): A systematic review of clinical trials published in the last 25 years. Therapeutic Advances in Psychopharmacology, 6(3), pp. 193–213. doi:10.1177/2045125316638008
Ayahuasca and PTSD
Nielson, J. and Megler, J. (2014). Ayahuasca as a Candidate Therapy for PTSD. The Therapeutic Use of Ayahuasca. B. C. Labate and C. Cavnar, Springer: Berlin, Heidelberg, pp. 41-58.
Ayahuasca and Personal Growth
Bouso, J. C., et al. (2012). "Personality, Psychopathology, Life Attitudes and Neuropsychological Performance among Ritual Users of Ayahuasca: A Longitudinal Study. PLoS ONE 7(8).
Kuypers, K., et al. (2016). Ayahuasca enhances creative divergent thinking while decreasing conventional convergent thinking. Psychopharmacology. DOI
10.1007/s00213-016-4377-8
Soler J., et al. (2018). Four Weekly Ayahuasca Sessions Lead to Increases in “Acceptance” Capacities: A Comparison Study With a Standard 8-Week
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September 10, 2019
Mindfulness Training Program. Frontiers in Pharmacology, 9 (224). doi:
10.3389/fphar.2018.00224
Ayahuasca and Spiritual Growth
Harris, R., and Gurel, L. (2012). A Study of Ayahuasca Use in North America. Journal of Psychoactive Drugs 44(3): 209-215.
Trichter, S., et al. (2009). Changes in spirituality among ayahuasca ceremony novice participants. Journal of Psychoactive Drugs 41(2), pp. 121-134.
Tupper, K. (2010). Entheogenic healing: The spiritual effects and therapeutic potential of ceremonial ayahuasca use. The healing power of spirituality: How faith helps humans thrive, Volume 3. J. H. Ellens. Santa Barbara, Praeger: pp. 269-282.
Tupper, K. W. (2002). Entheogens and Existential Intelligence: The Use of Plant Teachers as Cognitive Tools. Canadian Journal of Education 27(4), pp. 499-516.
Peyote for treatment of alcohol and drug dependence
Winkelman, M. (2014). Psychedelics as Medicines for Substance Abuse Rehabilitation:
Evaluating Treatments with LSD, Peyote, Ibogaine and Ayahuasca. Current Drug Abuse Reviews 7, pp. 101-116.
Peyote
Calabrese, J. (2007). The Therapeutic Use of Peyote in the Native American Church Chapter 3 in Vol. 1 of Psychedelic Medicine: New Evidence for Hallucinogens as Treatments. Michael J. Winkelman and Thomas B. Roberts (editors). Westport, CT:
Praeger/Greenwood.
Feeney, K. (2007). The Legal Basis for Religious Peyote Use. Chapter 13 in Vol 1 of Psychedelic Medicine: New Evidence for Hallucinogens as Treatments. Michael J.
Winkelman and Thomas B. Roberts (editors). Westport, CT: Praeger/Greenwood.
Psilocybin for End-of-Life Anxiety
Blinderman, C. (2016). Psycho-existential distress in cancer patients: A return to entheogens. Journal of Psychopharmacology 30 (12), pp. 1205-1206.
Kelmendi, B., et al. (2016). The role of psychedelics in palliative care reconsidered: A case for psilocybin. Journal of Psychopharmacology 30(12), pp. 1212-1214.
Ross, S., et al. (2016). Rapid and sustained symptom reduction following psilocybin treatment for anxiety and depression in patients with life-threatening cancer: a randomized controlled trial. Journal of Psychopharmacology, 30(12), pp. 1165-1180.
Entheogens and Reduced Recidivism
Hendricks, P., et al. (2014). Hallucinogen use predicts reduced recidivism among
Decriminalizing Entheogenic Plants CONSENT CALENDAR
September 10, 2019
substance-involved offenders under community corrections supervision. Journal of Psychopharmacology 28(1), pp. 62-66.
Walsh, Z. , et al. (2016). Hallucinogen use and intimate partner violence: Prospective evidence consistent with protective effects among men with histories of problematic substance use. Journal of Psychopharmacology, pp. 1-7.
DOI:10.1177/0269881116642538.
Psilocybin and Treatment-Resistant Depression
Hendricks, P., et al. (2015). Psilocybin, psychological distress, and suicidality. Journal of Psychopharmacology, 29(9), pp. 1041–1043.
Lyons, T. and Carhart-Harris, R. (2018). Increased nature relatedness and decreased authoritarian political views after psilocybin for treatment-resistant depression. Journal of Psychopharmacology, 32(7), pp. 811–819.
Psilocybin and Cluster Headaches
Schindler, E. et al., (2015) Indoleamine Hallucinogens in Cluster Headache: Results of the Clusterbusters Medication Use Survey, Journal of Psychoactive Drugs, 47(5), pp. 372-381. DOI:10.1080/02791072.2015.1107664
Landmarks Preservation 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
July 11, 2023
To: Honorable Mayor and Members of the City Council
From: Landmarks Preservation Commission
Submitted by: Charles Enchill, LPC Chairperson
Subject: Annual Report on Landmarks Preservation Commission (LPC) Actions
INTRODUCTION
LPC has prepared a report on its activities during the period June 2022 through May 2023; see Attachment 1, “Annual Report on Landmarks Preservation Commission Actions.” Reports on the Commission’s activities are required on an annual basis, in accordance with Berkeley Municipal Code Chapter 3.24.090 - Annual Report Required.
CURRENT SITUATION AND ITS EFFECTS
On June 1, 2023, the Commission voted to approve the attached report and to forward it to City Council. Vote: 8-0-0-1; Yes: Adams, Crandall, Enchill, Finacom, Linvill, Montgomery, Schwartz, Twu; No: none; Abstain: none; Absent: Leuschner.
BACKGROUND
Staff prepared a draft report summarizing LPC’s actions and then presented it for the Commission’s consideration at the meetings on May 4 and June 1, 2023. The Commission received the report favorably and voted to adopt it and to forward it to City Council in accordance with the BMC requirement.
The Commission held a total of 11 meetings during this reporting period. In March of this year, the Commission seamlessly returned to in-person meetings.
Among numerous accomplishments, the Commission:
Designated one property as Structure of Merit.
Granted 12 Structural Alteration Permits for existing properties on the City’s register of historic properties.
Recommended that City Council enter into Mills Act tax reduction contracts for the rehabilitation to two private residences.
Considered 14 demolition referrals from the Zoning Adjustments Board.
Annual Report on LPC Actions INFORMATION CALENDAR
July 11, 2023
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Historic preservation practices encourage the adaptive re-use and rehabilitation of cultural 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 LPC will continue to submit an annual report on its activities in accordance with the BMC requirement.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
There are no fiscal impacts associated with this reporting activity.
CONTACT PERSON
Fatema Crane, LPC Secretary, 510-981-7413
Attachments:
1: Annual Report of Landmarks Preservation Commission (LPC) Activities
L ANDMARKS
P RESERVATION
C OMMISSION
Report to city council
1947 Center Street, 2nd fl., Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 Annual Report on
L
andmarks Preservation Commission (LPC)
Actions
Reporting Period: June 2022 through May 2023
Due Date: June 30, 2023
Presented to City Council
By the LPC Secretary
On behalf of the LP
C Chairperson and the Commission
In accordance with Berkeley Municipal Code Section 3.24.090 Table of Contents
Part 1: Introduction
Part 2: Meetings Held
Part 3: Actions Undertaken in Accordance with
Regulatory Compliance
Part 4: Discussions Held
Part 5: Presentations Received
ATTACHMENT 1
ANNUAL REPORT ON COMMISSION ACTIONS
Part 1: Introduction
In
accordance with Berkeley Municipal Code Section 3.24.090, the LPC shall report its actions to City Council on an ann
ual basis. The report must arrive not later than June 30 of each year.
Herein City Council will find summaries of all LPC activities for the current reporting period. The summary lists are arranged in categories reflecting LPC’s compulsory duties, such as public meetings and quasi-judicial reviews, as well as other efforts that further cultural resource preservation in Berkeley.
Part 2: LPC Meetings Held
Meeting Body Date
Landmarks Preservation Commission
(LPC)
June 2, 2022*
August 4, 2022*
September 1, 2022*
October 6, 2022*
November 3, 2022*
December 1, 2022*
January 5, 2023*
February 2, 2023*
March 2, 2023
March 30, 2023
May 4, 2023
LPC Ad Hoc Subcommittee:
City Projects on City LM, SOM or District Sites
November 8, 2022
February 8 & 10, 2023
* Held via video conference in accordance with Government Code Section 54953 (e) and the state- declared emergency.
ANNUAL REPORT ON COMMISSION ACTIONS
June 30, 2023 Page 3 of 5
Part 3: LPC Regulatory Actions
Activity Property Address Application Number Action Date Landmark & Structure of
Merit Designations
BMC Section 3.24.150
2119 Marin Avenue #LMIN2022-0002 September 1, 2022
60 Panoramic Way #LMIN2023-0001 May 4, 2023
Structural Alteration
Permits
BMC Section 3.24.240
2200-block of Piedmont Avenue #LMSAP2019-0009
June 2, 2022 2733 Buena Vista Way #LMSA2022-0004
2065 Kittredge Street #LMSAP2021-0004 June 2, August 4, 2022
1325 Arch Street #LMSAP2022-0007 August 4, 2022
2081 Center Street #LMSAP2022-0006 August 4, October
10, 2022
1960 San Antonio Avenue #LMSAP2022-0005 August 4, 2022 & March 3, 2023
2109 Kala Bagai Way #LMSAP2022-0008 October 6, 2022
1581 Le Roy Avenue #LMSAP2022-0009
November 3, 2022
1767 Alcatraz Avenue #LMSAP2022-0010
2113-2115 Kittredge Street #LMSAP2022-0011 December 1, 2022 1325 Arch Street #LMSAP2022-0013 January 5, 2023
1919 Addison Street #LMSAP2022-0010 February 2 & March
2, 2023
1915 Fourth Street #LMSAP2022-0014 February 2, 2023
0 Center Street – Civic Center Park #LMSAP2023-0001 March 30, 2023 Use Permit Demolition
Referrals
BMC 23C.08.050
1650 Shattuck Avenue #ZP2020-0022
June 2, August 4,
2022
742 Grayson Street #ZP2021-0161 June 2, 2022 1820-1828 San Pablo Avenue #ZP2021-0186 2403-2407 San Pablo Avenue #ZP2021-0220 August 4, 2022
1752 Shattuck Avenue #ZP2022-0011 September 1, 2022
2555 College Avenue #ZP2022-0019
November 3, 2022
2720 Hillegass Avenue #ZP2022-0095
1652-1658 University Avenue #ZP2022-0110 January 5, 2023 2900-2920 Shattuck Avenue #ZP2022-0116
February 2, 2023 1548 University Avenue #ZP2022-0099
1598 University Avenue #ZP2022-0099
2800 Telegraph Avenue #ZP2022-0107 March 3, 2023
3030 Telegraph Avenue #ZP2022-0170 March 30, 2023
2132-2154 Center Street #ZP2022-0135 March 30 & May 4,
2023
ANNUAL REPORT ON COMMISSION ACTIONS
Activity Property Address Application Number Action Date Mill Act Contract
Applications
City Council Resolution
59,355
2523 Piedmont Avenue #LMMA2022-0001 August 4, 2022
2119 Marin Avenue #LMMA2022-0002 September 1,
October 6, 2022
Design Review Referrals
BMC 23E.12.020.B None
National Preservation Act
Section 106 Referrals None
Par
t 4: LPC Agenda Discussions Held
Topic Discussion Outcome Date(s)
Toverii Tuppa Building – 1819 Tenth
Street
Received a corr espondence
from a concerned party about
the poor condition of the
building and roof.
Provided
direction and
advice to
interested
parties.
September 1
and October
10, 2022
Land Acknowledgement Practice
Discussed the October 21,
2022 memorandum on the
Land Acknowledgement
Statement Resolution from
the City Council, and
considered including the Land
Acknowledgement in LPC
meeting practices.
Adopted the
practice.
December 1,
2022 and
January 5,
2023
Request to Initiate City Landmark or
Structure of Merit Designation for 910
Indian Rock Avenue
Consider the information
presented by nearby
residents.
Pending
May 4, 2023
Request to Initiate City Landmark or
Structure of Merit Designation for 2531
Ridge Road
Consider the information
presented by local historian.
Berkeley Civic Center Vision &
Implementation Plan
Consider drafting a
Correspondence to City
Council.
ANNUAL REPORT ON COMMISSION ACTIONS
June 30, 2023 Page 5 of 5
Part 5: LPC Agenda Presentations Received
Topic Presenter Date
Longfellow School Modernization
Project – 1500 Derby Street
Berkeley Unified School District
cons
ultant team provided information
and solicited feedback on conceptual
plans for a K-12 facilities improvement
project.
August 4, 2022
Turtle Island Monument
Conceptual Design
Parks, Recreation & Waterfront staff
presented the conceptual design for the
proposed installation of commemorative
artwork at the Civic Center Park
Fountain (prior to formal SAP
submittal).
December 1, 2022
Pacific Steel Casting Zoning &
General Plan Amendments &
Environmental Impact Report
Scoping
Land Use Planning staff presented
information about the City’s
consideration of new zoning standards
and General Plan amendments for an
industrial neighborhood in West
Berkeley.
February 2, 2023
Hopkins Corridor Improvements
Project
Public Works Transportation staff
presented information and solicited
comments about a pending pedestrian
and cycling improvement plan for the
City right-of-way.
March 30, 2023
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-6750 ● TDD: (510) 981-6903 E-Mail: [email protected] Website: https://berkeleyca.gov/your-government/city-audits
INFORMATION CALENDAR
July 11, 2023
To: Honorable Mayor and Members of the City Council
From: Jenny Wong, City Auditor
Subject: City Auditor Fiscal Year 2024 Audit Plan
INTRODUCTION
The Berkeley City Charter requires the City Auditor to provide the City Council with a planned audit schedule by the beginning of each fiscal year and to notify the Council when audits are added.
In deciding what to audit, our office considers suggestions from the City Manager, staff, the City Council, the Rent Stabilization Board, commissioners, and other community members. We examine risks that might prevent the City from reaching its goals, including strategic, financial, regulatory, operational, and reputational risks.
CURRENT SITUATION AND ITS EFFECTS
As required by the City Charter, we are notifying the Council of our annual audit plan. The following plan assumes being fully staffed to conduct these audits.
For Fiscal Year 2024, we have identified areas we hope to address in the upcoming year:
Homelessness (in progress)
Measure FF (in progress)
Rent Stabilization Board
Public health
Follow-up on prior audit recommendations
Short-term projects
Whistleblower Program
BACKGROUND
The mission of the Berkeley City Auditor is to promote transparency and accountability in Berkeley government. This is achieved through independent evaluations of City programs and activities. The FY 2024 Audit Plan reflects our office’s commitment to continuous improvement by enhancing the value, products, staffing, communications, and overall impact of the Berkeley City Auditor’s Office on behalf of Berkeley residents, businesses, and visitors.
ENVIRONMENTAL SUSTAINABILITY
This report is not associated with identifiable environmental effects or opportunities.
City Auditor Fiscal Year 2022 Audit Plan INFORMATION CALENDAR July 11, 2023
POSSIBLE FUTURE ACTION
Our future audit recommendations will address the risks that could prevent the City from providing efficient, effective, and equitable service delivery. We will be asking the Council to accept those recommendations and request that the City Manager report on their actions to implement them.
We may also make recommendations requiring Council action.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Audit work leads to new or enhanced revenue, cost recovery, and increased efficiency, with economic impact well beyond the audit costs. Long-range financial benefits of our audits result in significant improvements to internal controls and service delivery.
Ensuring timely implementation of audit recommendations could result in additional savings and risk reduction, including fraud risk. Reducing fraud risk more than protects money; it builds trust in government. Maintaining a strong audit function and fiscal management will reduce future costs and enhance public trust.
CONTACT PERSON
Jenny Wong, City Auditor, 510-981-6750
Attachment:
1. Audit Plan Fiscal Year 2024
Inside
Letter from the Auditor
Planned Engagements
Plan Description
Audit Selection Process
Auditor’s Authority
2 As the Berkeley City Auditor, I am pleased to present to you the audit plan for fiscal year 2024. This plan outlines the key areas of focus for the City Auditor's Office, including ongoing work, new initiatives, and the allocation of resources to ensure transparency, accountability, and effective governance.
Our office conducts performance audits of city functions, where we evaluate city programs to determine their effectiveness and compliance with local laws and regulations. Our goal with each audit is to ensure that the City is using taxpayer dollars efficiently and equitably to deliver high-quality services. We aim to initiate the engagements identified in the audit plan during the fiscal year. Our capacity to initiate and complete projects this fiscal year will be dependent on available resources.
In the past fiscal year, my office has achieved significant milestones, including issuing the audit Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring, launching the Audit Recommendations Dashboard, and receiving the national Exemplary Knighton Award for our audit Berkeley Police: Improvements Needs to Manage Overtime and Outside Security Work for Outside Entities.
Building upon these accomplishments, we have developed the fiscal year (FY) 2024 audit plan to address areas of concern and further strengthen the governance of the City of Berkeley. In FY 2024, we will continue our audits of homelessness and Measure FF that were initiated in FY 2023. We plan to initiate new audits related to public health and the City’s Rent Stabilization Board.
We will continue to perform follow-up work on audit recommendations to determine if the City has properly implemented them. This year, I will devote office resources to implementing the City’s Auditor’s Whistleblower Program. The Whistleblower Program will be designed to provide a confidential and secure channel for individuals to report suspected fraud, waste, or abuse within Berkeley city government. I believe that incorporating our Whistleblower Program into our efforts to promote transparency and accountability, we can uncover potential misconduct, prevent future wrongdoing, and ultimately enhance the overall integrity of Berkeley government.
I am dedicated to upholding our mission of promoting transparency and accountability in the Berkeley government. Together, with the implementation of the Whistleblower Program and our existing audit initiatives, we can strengthen transparency, accountability, and public trust in Berkeley government, fostering an environment where effective governance thrives. I remain committed to fostering strong relationships with city departments, officials, and community stakeholders to effectively carry out our mandate.
Respectfully,
JENNY WONG
City Auditor
3 Rent Stabilization
Board
The Auditor’s office will conduct an audit examining the Rent Stabilization Board’s finances or operations.
Public Health The Auditor’s office will conduct an audit in an area of public health.
Follow-Up The Auditor’s office will continue to track and follow up on all audit recommendations to determine if they are properly implemented. We will continue to publish an online public dashboard to increase transparency and accountability of the implementation status of open audit recommendations.1 See page 4 for more details.
Short-Term Projects In order to be responsive to the needs of the City and the public, we may engage in short-term projects to provide timely and relevant information and analysis to the City and community.
Ongoing
Engagements
The Auditor’s Office will continue our analysis of homelessness and Measure FF that were both initiated during fiscal year 2023.
Whistleblower
Program
Implementation and
Anti-Fraud Focus
The Auditor’s Office will implement a Whistleblower Program for employees and members of the public to report fraud, waste, or abuse by city departments, employees, or persons under contract with the City.
This fiscal year we will focus on building out the program, including hiring and training staff; designing reporting and response processes; and creating educational materials to educate staff and the public on fraud and the Whistleblower Program. See page 5 for more details. 1 City Auditor’s Recommendation Dashboard—bit.ly/AuditRecDashboard
4 In fiscal year 2024, the Auditor’s Office will follow up on 77 open recommendations from 10 audits. We will use the following statuses to report on the implementation of audit recommendations:
• Implemented: auditee has addressed the audit risk by completely implemented the recommendation.
• Partly implemented: auditee has implemented 50 percent or more of the recommendation. • Started: the auditee has started to address the recommendation but has not reached the 50 percent threshold.
• Not started: auditee has not yet taken action to implement the recommendation. • Dropped: the auditee has accepted the risk to the city that the recommendation is meant to address and is unable or unwilling to implement the recommendation. Additionally, all open recommendations will be reported as dropped if they are not implemented within five years of audit issuance.
As of June 22, 2023, there are 77 open recommendations from 10 audits across 7 departments.
Source: Berkeley City Auditor
5 The Whistleblower Program will include a confidential hotline for reporting fraud, waste, and abuse in city government 24/7/365 days of the year. This hotline will be available to all city employees, contractors, vendors, and residents. Additionally, to protect whistleblowers, there is a city policy that protects city employees from retaliatory acts.
Authority and Independence
State legislation encourages cities to specifically focus on fraud, waste, and/or misuse of city resources through whistleblower programs led by city auditors. In 2009, California Government Code Section 53087.6 went into effect, which enabled local government auditors to establish whistleblower programs and to provide whistleblower protections. Local auditors are authorized under Section 53087.6 to create whistleblower programs with the approval of their respective legislative bodies, and have discretion in how to operate their programs. At the June 6th meeting, City Council adopted resolution 70,881–N.S endorsing the City Auditor's plan to implement the Whistleblower Program.
The Berkeley City Auditor maintains a level of structural independence well-suited for a whistleblower program, as they are elected by the public and do not report to the City Manager or Council. The City Auditor is well-positioned due to their role in providing objective information on the operations of government programs and helping ensure full accountability to the public.
Implementation Plan
6 The mission of the Berkeley City Auditor is to promote transparency and accountability in Berkeley government. This is achieved through independent evaluations of city programs and activities. The Fiscal Year 2024 Audit Plan reflects the office’s steadfast commitment to continuous improvement by enhancing the value, products, staffing, communications, and overall impact of the Berkeley City Auditor’s Office on behalf of Berkeley residents, businesses, and visitors.
Auditing Under the City Charter
The Charter provides that the Auditor shall have the authority to conduct:
• Performance and financial audits or special studies of all phases of the City of Berkeley government in accordance with government auditing standards; • Financial, compliance, efficiency and economy, and program results auditing; and • Examinations of payrolls, bills, and other claims and demands made against the City.
The FY 2024 Audit Plan ensures broad audit coverage throughout the City while also addressing specific performance, financial, contractual, and system risks. Audit resources are limited, thus prohibiting one hundred percent coverage each year. This significant limiting factor is inherent in the concept of using risk assessment to help prioritize audits. According to the City Charter, the ultimate decision to perform any audit shall be at the sole discretion of the Auditor. Our approach to scheduling audits is flexible and subject to change throughout the year based on newly identified risks.
Audit Follow-Up Program
Audit follow-up activities are conducted for every audit to assess whether city personnel implemented the agreed-upon audit recommendations. The Auditor’s Office issues follow-up audit reports to City Council on the status of our recommendations. We also maintain a public dashboard with the status of audit recommendations. Our office measures the audit recommendation implementation rate as an indicator of the degree to which the City is using information provided by our audit reports to mitigate identified risks and to enhance efficiency, effectiveness, and economy of operations. Our expectation is that the City should take no more than two years to implement our audit recommendations, unless specified.
Focus on Integrity, Independence, Impact, and Inclusion The concepts of integrity, independence, impact, and inclusion are core tenets of operations within the Berkeley City Auditor’s Office. Although the Auditor operates independently from other city entities, Auditor Wong and staff meet regularly with the Mayor, City Council, city personnel, neighborhood groups, and civic leaders to solicit input regarding risks. The objective of this strategy is to improve services and stewardship of city resources.
7 Developing an annual Audit Plan is an iterative process, conducted by assembling ideas from a variety of internal and external stakeholders, examining a broad range of City programs and activities, and assessing risk factors together with additional considerations. This approach results in a diverse list of departments, programs, and activities that are examined to determine whether they are operating efficiently, effectively, and in accordance with the law and other requirements.
In developing a list of potential audits, ideas come from a variety of sources:
• Input from the community, elected officials, department staff, and City management; • Assessment of operations and controls in previous audit reports; • Assessment of citywide risks;
• Consideration of current local events, financial conditions, capital improvement projects, and public policy issues; and
• Consideration of risks identified in other government audits that could emerge in Berkeley.
Our office identifies and prioritizes potential audits and other assessments using a risk-based approach that examines a variety of factors that may expose the City to fraud, misuse of funds, waste, liability, or reputational harm. The following risk factors are used to determine the audits included in the audit plan:
• Perception of risk from management, City Council, the community, and audit staff; • Economic factors such as financial impact, volume of transactions, number of personnel, and revenue generated;
• Changes in organization, management, key personnel, and information systems; and • Time since last audit.
After the plan is finalized, new information may come to light; events, initiatives, priorities, and risks within the City may change. The flexible nature of the Audit Plan as a living document provides the ability to change course when it is in the best interest of the City.
8 The Berkeley City Auditor's Office provides independent oversight of city operations. Audits, conducted by the Office, provide the City Manager, City Council, and the public with objective, timely, and accurate information about city program performance. By providing this information and making recommendations for improvement, the Office helps to hold government accountable in its stewardship of public resources.
Berkeley City Charter, Section 61, establishes this independence and provides for the Auditor’s general authority and duties. The Charter also establishes the duty to present a planned audit schedule to City Council at the beginning of each fiscal year.
Several key components serve as the cornerstone for Berkeley’s auditing framework. These elements provide the Auditor with the independence that results in the office’s ability to conduct high-impact audits.
Elected Auditor — The City of Berkeley has an elected Auditor who is independent from all other elected officials and City management.
Comprehensive Access — The City Charter and Municipal Code authorize the Auditor to have unrestricted access to all officials, employees, records, and reports maintained by the City, and to all external entities, records, and personnel related to contracted business interactions with the City.
Audit Response Requirements — City Municipal Code requires that City management formally respond to all audit findings and recommendations, establishing the Auditor’s ability to work in conjunction with audited departments while maintaining independence.
Recommendation Follow-up Requirements — City Municipal Code requires that city management report back to Council on the status of audit recommendations every six months until all recommendations are implemented, establishing the Auditor’s ability to determine the adequacy, effectiveness, and timeliness of management’s actions to correct reported issues and recommendations.
Adherence to Professional Auditing Standards — The Auditor’s Office conducts all audits in accordance with Generally Accepted Government Auditing Standards produced by the United States Government Accountability Office.
2180 Milvia Street, 3rd Floor, Berkeley, California 94704 510-981-6750
https://berkeleyca.gov/your-government/city-audits
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