Process modifications
and increased oversight
needed to ensure equity,
efficiency, and
effectiveness 2.3
Assess the feasibility of using complaint thresholds and self certifying techniques for standard priority violations. For example, wait to receive at least two complaints about a standard level violation before performing an investigation, and allow a code violator to self‐ report on a standard level violation to remove the need for reinspection. If feasible, implement the techniques to give code enforcement officers more time on field inspections of high risk cases. 6/26/2018 6/26/2018
City
Manager
Implemented
Process modifications
and increased oversight
needed to ensure equity,
efficiency, and
effectiveness 2.4
Develop procedures for monitoring staffs’ work and addressing weaknesses that may prevent goal achievement, such as conflicts of interest. For example:
• Review Form 700s to identify property owned by CEU personnel before assigning cases to officers.
• Randomly select case records to look for:
o Indicators that case action did not progress as required or expected suggesting favoritism or kickbacks.
o Properties with closed cases that continue to receive complaints for the same issue. This could indicate a repeat offender as well as a failure to take appropriate actions against a code violator.
The Assistant to the City Manager for Neighborhood Services should perform this oversight of the Code Enforcement Unit Supervisor, and the Code Enforcement Supervisor should perform this oversight of Code Enforcement Officers and the Assistant Planner. 6/26/2018 6/26/2018 City
Manager
Implemented
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 19, 2024
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: 2144 Shattuck Avenue/#LMSAP2023-0007
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 5, 2024
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 19, 2024. 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.
11
LPO NOD: 2144 Shattuck Avenue/#LMSAP2023-0007 INFORMATION CALENDAR March 19, 2024
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 – #LMSAP 2023-0007 at 2144 Shattuck 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: December 7, 2023
DATE NOTICE MAILED: March 4, 2024
APPEAL PERIOD EXPIRATION: March 19, 2024
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification): March 20, 20241 2144 Shattuck Avenue – American Trust
Building/Wells Fargo Building
Structural Alteration Permit (#LMSAP2023-0007) to install security gates at a City Landmark property.
The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the Structural Alteration Permit request. Property Owner: Bollibokka Shattuck LLC, Pacific West Asset Management, P. O. Box 19068, Irvine, CA
Project Applicant & Architect: Sean Kennedy, Architect, Studio Skagg, Kennedy, Berkeley, CA
ZONING DISTRICT: Downtown Mixed Use/Commercial (CD-MU) ENVIRONMENTAL REVIEW STATUS: The project is categorically exempt from further environmental review in accordance with CEQA Guidelines Section 15331 for Historical Resource Restoration/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
#LMSAP2023-0007
2144 Shattuck Avenue
Mailed: March 4, 2024
The application materials for this project is available online at:
https://berkeleyca.gov/construction-development/land-use-development/zoning-projects or https://permits.cityofberkeley.info/CitizenAccess/Default.aspx
FINDINGS AND CONDITIONS OF APPROVAL AND APPROVED PLANS ARE ATTACHED
TO THIS NOTICE
COMMISSION VOTE: 7-0-0-1 (note: one vacancy)
YES: CRANDALL, ENCHILL, FINACOM, LEUSCHNER, LINVILL, MONTGOMERY, TWU
NO: NONE
ABSTAIN: NONE
ABSENT: SCHWARTZ
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 $1,500. This fee may be reduced to $500 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
#LMSAP2023-0007
2144 Shattuck Avenue
Mailed: March 4, 2024
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 $5,520.
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 Structural Alteration 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
#LMSAP2023-0007
2144 Shattuck Avenue
Mailed: March 4, 2024
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) 981-7410 or [email protected]. All project application materials may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street, 3 rd Fl., during regular business hours.
ATTACHMENTS:
1. Findings and Conditions
2. Project Plans and Materials Information
ATTEST:
Fatema Crane, Secretary
Landmarks Preservation Commission
cc: City Clerk
Property Owner: Bollibokka Shattuck LLC, Pacific West Asset Management, P. O. Box 19068, Irvine, CA
Project Applicant & Architect: Sean Kennedy, Architect, Studio Skagg, Kennedy, Berkeley, CA
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 Email: [email protected]
2144 Shattuck Avenue – The American Trust
Building/Wells Fargo Bank
Structural Alteration Permit #LMSAP2023-0007 to install security gates at a City Landmark property.
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 proposed project does not require a change of use. The property will retain its historic commercial use.
2. The project will retain the historic character of the property and will not require removal of distinctive materials and the alteration of features that characterize the property.
3. The new gates will not resemble or replicate designs from the property’s historic period.
These new features are contemporary and, for this reason, cannot result in a false sense of historical development.
4. Changes to the property that may have acquired significance in their own right are not affected by this project.
5. Distinctive materials, features, finishes, and construction techniques, or examples of craftsmanship that characterize this property, such as stone base and neoclassical
2144 SHATTUCK AVENUE STRUCTURAL ALTERATION PERMIT - Findings and Conditions
decorative building details, will be substantially retained and preserved with this limited- scope 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. 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 historic design elements of the 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 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 project will not adversely affect the architectural design of the City LM American Trust/Wells Fargo building. The limited scope of work will not destroy any the building’s character-defining features and materials. The gate installations are limited to only certain areas of the building façade and would feature high-quality yet compatible bronze or brass metal work. The features are designed to be distinct from the Neoclassical building yet are limited sufficiently so as to void competing with or drawing attention from the architectural building design.
B. The special character of the subject property may lie in its Neoclassical design and 12-story scale. This project would not adversely affect these qualities because they would be retained with the proposed gate installation.
2144 SHATTUCK AVENUE 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 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
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 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
2144 SHATTUCK AVENUE 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.
ADDITIONAL CONDITIONS
The following additional conditions are attached to this Permit:
6. No changes can be made to these approved plans without prior approval.
7. 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.
8. PLANS COMPLIANCE. Construction and building permit plans shall substantially conform to the Structural Alteration Permit (SAP) project plans dated/received November 27, 2023.
9. 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.
10. 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.
11. 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.
12. DETAILS. Prior to Landmarks plan checker sign-off of the Building Permit set of drawings, the applicant shall submit gate design and details for review and approval by the Landmarks plan checker.
13. 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.
2144 SHATTUCK AVENUE STRUCTURAL ALTERATION PERMIT - Findings and Conditions
14. 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.
15. 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.
16. 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.
Landmark Preservation Committee Review
2140 SHATTUCK AVENUE
11.27.23 s_sk
studio skaggs kennedy
architecture + urbanism
SHATTUCK AVE. SECURITY GATE
11/27/23 studio skaggs kennedy | 2315 Prince St, Berkeley, CA | 415.235.9205 A.2
2140 Shattuck Ave, Berkeley CA PROJECT DATA
Project Tabulations
Project Address: 2140 Shattuck Ave
Berkeley
CA, 94704
Assessor’s Parcel No:
57-202300400
Zoning:
C-DMU
Core
Existing Occupancy:
B
Proposed
Occupancy:
No
Change
Building Area Allowed:
Unlimted
Building
Area Proposed:
No
Change
Area of Work:
146sf
Special
Designation:
City of Berkeley Designated Landmark; Listed in National Register Project Description:
This project proposes to add an “after
-hours” security gate to protect
the vestibule of 2140 Shattuck from vandalism. The proposed gate takes its design language from the existing material palette of the historic banking hall as well as the entry gate design for the recently approved Center Street entry around the corner of the building.
11/27/23 studio skaggs kennedy | 2315 Prince St, Berkeley, CA | 415.235.9205 A.3
2140 Shattuck Ave, Berkeley CA
SHATTUCK AVE ENTRY
SITE PLAN
CENTER st
CENTER ST
SHATTUCK ave
SHATTUCK AVE
ELEV.
UP
DN
UP
STOR.
UP CLOS.
PROJECT SITE
VICINITY MAP SCOPE DIAGRAM
FLOOR PLAN LEVEL 1
N.T.S
NORTH
NOT IN SCOPE
11/27/23 studio skaggs kennedy | 2315 Prince St, Berkeley, CA | 415.235.9205 A.01
2140 Shattuck Ave, Berkeley CA EXISTING PHOTOGRAPHS
EXISTING PHOTOGRAPHS
All photos taken by on 9.19.23
N.T.S
1 Graphic Appendix - DRAFT 2081 Center Street
Project Number 20010 Berkeley, California
PAGE & TURNBULL 4 JANUARY 28, 2022
4 1
Center StCenter St Shattuck AveShattuck Ave2
3 587
6 9
Shattuck AveShattuck Ave Kala Bagai WayKala Bagai Way
IMAGES
EXISTING CONDITIONS
4. View of office tower, looking northwest from Shattuck Avenue. 1. Overall view looking northeast from Center Street.
2. View of existing Center Street entrances. Accessible entrance is located immediately adjacent the vehicle entrance.
3. View looking northwest from Shattuck Avenue.
Key Map: Existing Conditions
PROJECT
2 1
3 2
3PROJECT
KEY PLAN
PROJECT(E) BANING HALL ENTRY
TO REMAIN
11/27/23 studio skaggs kennedy | 2315 Prince St, Berkeley, CA | 415.235.9205 A.02
2140 Shattuck Ave, Berkeley CA SECURITY PHOTOS
CCTV STILLS
Recent unsafe behavior in the vestibule as
captured on the security cameras.
11/27/23 studio skaggs kennedy | 2315 Prince St, Berkeley, CA | 415.235.9205 A.03
2140 Shattuck Ave, Berkeley CA
BA C D
E F G H J
8 7
6 5
4 3
2 1
EXISTING FLOOR PLAN AND ELEVATION 1/16” = 1’-0”
NORTH
NOT IN SCOPE
2,920 SF
AREA OF PROPOSED GATE
128 SF
AREA OF WORK
4.4% of Facade Altered
A.04
A.06
11/27/23 studio skaggs kennedy | 2315 Prince St, Berkeley, CA | 415.235.9205 A.04
2140 Shattuck Ave, Berkeley CA PROPOSED PLAN
5' - 7 12"
4' - 2 12"
6'-0"
5'-0"
5' - 5
12"
6' - 4
14"
6' - 2 14"
1'-012"
3' - 7 12" 3' - 7 12"
NORTH
1/2” = 1’-0”
WINDOW SECURITY PANEL
GATE
SIDEWALK
VESTIBULE
LOBBY
WELLS FARGO BAKING HALL
NOT IN SCOPE
A.05
11/27/23 studio skaggs kennedy | 2315 Prince St, Berkeley, CA | 415.235.9205 A.05
2140 Shattuck Ave, Berkeley CA
5'-11 1/2"
0'-8 1/2"
1'-1 1/2"
3'-7" 3'-7"
WINDOW SECURITY PANEL
RECESSED GATE
SIDEWALK
VESTIBULE
NOT IN SCOPE
LOBBY
ALTERNATE OPTION
PROPOSED ENLARGED PLAN (ALTERNATE)
11/27/23 studio skaggs kennedy | 2315 Prince St, Berkeley, CA | 415.235.9205 A.06
2140 Shattuck Ave, Berkeley CA
180 HINGE TO HOLD DOOR
DURING BUSINESS HOURS
ENLARGED PLAN
3/4” = 1’-0”
GATE JAMB DETAIL
3” = 1’-0”
(E) WINDOW FRAME TO REMAIN
HSS POST
MOUNTING PLATE
180 HINGE
GATE (OPEN)
WINDOW SECURITY PANEL
INTERIOR
INTERIOR
EXTERIOR
EXTERIOR
PROPOSED ENLARGED PLAN
NORTH
11/27/23 studio skaggs kennedy | 2315 Prince St, Berkeley, CA | 415.235.9205 A.07
2140 Shattuck Ave, Berkeley CA
FIXED PANEL
HSS POST
EMERGENCY DOOR
HARDWARE
FIXED PANEL
3’- 7 1/2”
1’- 2”
PANEL HEIGHT : 8’- 6”
7” 7”
3’- 7 1/2” 5’- 7 1/2”
ENTRY GATE
W/ KEYLESS GATE LOCK
PROPOSED ENLARGED ELEVATION 3/4” = 1’-0”
GATE HEIGHT : 9’-10”
11/27/23 studio skaggs kennedy | 2315 Prince St, Berkeley, CA | 415.235.9205 A.08
2140 Shattuck Ave, Berkeley CA PROPOSED STREET ELEVATION
GATE OPEN
DURING BUSINESS HOURS
GATE CLOSED
AFTER BUSINESS HOURS
1/4” = 1’-0”
11/27/23 studio skaggs kennedy | 2315 Prince St, Berkeley, CA | 415.235.9205 A.09
2140 Shattuck Ave, Berkeley CA
RENDERED VIEW - EXTERIOR
GATE OPEN
DURING BUSINESS HOURS
GATE CLOSED
AFTER BUSINESS HOURS
N.T.S
EMERGENCY DOOR
HARDWARE
EMERGENCY DOOR
HARDWARE
11/27/23 studio skaggs kennedy | 2315 Prince St, Berkeley, CA | 415.235.9205 A.10
2140 Shattuck Ave, Berkeley CA
RENDERED VIEW - EXTERIOR (ALTERNATE)
GATE OPEN
DURING BUSINESS HOURS
GATE CLOSED
AFTER BUSINESS HOURS
N.T.S
EMERGENCY DOOR
HARDWARE
EMERGENCY DOOR
HARDWARE
11/27/23 studio skaggs kennedy | 2315 Prince St, Berkeley, CA | 415.235.9205 A.11
2140 Shattuck Ave, Berkeley CA MATERIAL / DESIGN
EXAMPLES OF CONTEMPORARY BRASS AND BRONZE WORK
2081 CENTER ST ENTRY DESIGN
N.T.S
11/27/23 studio skaggs kennedy | 2315 Prince St, Berkeley, CA | 415.235.9205 A.12
2140 Shattuck Ave, Berkeley CA RENDERED VIEW - INTERIOR
GATE OPEN
DURING BUSINESS HOURS
GATE CLOSE
AFTER BUSINESS HOURS
N.T.S
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 19, 2024
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: 2274 Shattuck Avenue, #LMIN2023-0003
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) approved City Landmark designation status for the United Artists (UA) Theater built in 1932, which is also listed on the California Register of Historical Resources. This action is subject to a 15-day appeal period, which began on March 5, 2024.
BACKGROUND
BMC/LPO Section 3.24.300 allows City Council to review any action of the Landmarks Preservation Commission in granting or denying a Landmark application. For Council to review the decision on its merits, Council must appeal the NOD. 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 19, 2024. 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.
12
LPC NOD: 2274 Shattuck Avenue/#LMIN2023-0003 INFORMATION CALENDAR March 19, 2024
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 certify or appeal the decision, setting the matter for 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/LPC Secretary; Planning and Development Department, 510-981-7410
Reina Kapadia, AICP, Senior Planner; Planning and Development Department, 510-981-7485
Attachments:
1: Notice of Decision – 2274 Shattuck Avenue, #LMIN2023-0003
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 1, 2024
DATE NOTICE MAILED: March 4, 2024
APPEAL PERIOD EXPIRATION: March 19, 2024
EFFECTIVE DATE OF PERMIT (Barring Appeal or Certification): March 20, 20241 2274 Shattuck Avenue – United Artists Theater
City Landmark designation status for a theater completed in 1932 and listed on the California Register of Historical Resources (APN: 57-2028-3) The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the Landmark application request (#LMIN2023-0003). Initiated by: Verified Application of 55 Berkeley residents Application Authors: Anastasia Rose Ellis and Laura Linden Save the UA Berkeley
1627 Grant St., Apt. A
Berkeley, CA 94703
Property Owner: 2274 Shattuck QOZB LLC
c/o JP Walsh
2539 Telegraph Avenue, Suite 101
Berkeley, CA 94704
ZONING DISTRICT: Commercial Downtown Mixed-Use Corridor (C-DMU) Zoning District 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
#LMIN2023-0003
2274 Shattuck Avenue
Mailed: March 4, 2024
ENVIRONMENTAL REVIEW STATUS: Categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15061.(b)(3) Review for Exemptions.
The application materials for this project is available online at:
https://berkeleyca.gov/construction-development/land-use-development/zoning-projects or https://permits.cityofberkeley.info/CitizenAccess/Default.aspx
FINDINGS AND CONDITIONS OF APPROVAL AND APPLICATION MATERIALS ARE
ATTACHED TO THIS NOTICE
COMMISSION VOTE: 5-4-0-0
YES: CRANDALL, LEUSCHNER, MONTGOMERY, ORBUCH, TWU
NO: ENCHILL, FINACOM, LINVILL, SCHWARTZ
ABSTAIN: NONE
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 $1,500. This fee may be reduced to $500 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
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMIN2023-0003
2274 Shattuck Avenue
Mailed: March 4, 2024
individual filing the appeal must clearly denote which signatures are to be counted towards qualifying for the reduced fee.
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 $5,520.
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 Landmark designation 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.
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMIN2023-0003
2274 Shattuck Avenue
Mailed: March 4, 2024
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, Reina Kapadia, at (510) 981-7485 or [email protected]. All project application materials may be viewed at the Permit Service Center (Zoning counter), 1947 Center Street, 3 rd Fl., during regular business hours.
ATTACHMENTS:
1. Findings and Conditions
2. Application Materials
ATTEST:
Fatema Crane, Secretary
Landmarks Preservation Commission
cc: City Clerk
Application Authors: Anastasia Rose Ellis and Laura Linden, Save the UA Berkeley, 1627 Grant St., Apt. A, Berkeley, CA 94703
LANDMARKS PRESERVATION COMMISSION
NOTICE OF DECISION
#LMIN2023-0003
2274 Shattuck Avenue
Mailed: March 4, 2024
Property Owner: 2274 Shattuck QOZB LLC, c/o JP Walsh, 2539 Telegraph Avenue, Suite 101, Berkeley, CA 94704
Interested Parties: Anthony Verruso; Arlene Owseichik; M.E. Lawrence; Robin Baral
A t t a c h m e n t 1 , P a r t 2
F i n d i n g s f o r D e s i g n a t i o n
FEBRUARY 1, 2024
2274 Shattuck Avenue – United Artists Theater
Landmark application #LMIN2023-0003 for the consideration of City Landmark or Structure of Merit designation status for a theater completed in 1932 (APN: 057-2028-0023)
PROJECT DESCRIPTION
City Landmark designation of the property at 2274 Shattuck Avenue – United Artists Theater.
CEQA FINDINGS
1. The project is found to be exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq.) pursuant to Section 15061.b.3 of the CEQA Guidelines (activities that can be seen with certainty to have no significant effect on the environment).
LANDMARK PRESERVATION ORIDNANCE FINDINGS
2. Pursuant to Berkeley Municipal Code (BMC) Section 3.24.110.A.1.(c) of the Landmarks Preservation Ordinance (LPO), the Landmarks Preservation Commission of the City of Berkeley (Commission) finds that the subject property is an architectural example that is worthy of preservation for the exceptional value it adds as part of the Downtown Berkeley neighborhood fabric. The City’s 2015 intensive survey evaluation of this property concluded that the United Artists Theater is an important Contributor to the establishment of a historic district in the greater Shattuck Avenue area.
3. Pursuant to BMC Section 3.24.110.A.4, the Commission further finds that the subject property expresses and embodies the history of Berkeley through its direct associations with the development of Downtown Berkeley as a center of commerce and transportation. The Shattuck Avenue Commercial Corridor Historic Context and Survey (2015) determined that this building, in its extant condition, continues to represent commercial forms and materials that were prominent in the Downtown during the period of historical significance.
FINDINGS for DESIGNATION 2274 Shattuck Avenue – United Artists Theater
FEATURES TO BE PRESERVED
This designation shall apply to the subject property and the following distinguishing features of the main building shall be preserved, and missing features shall be restored to the extent possible:
1. The upper portion of the Shattuck Avenue building façade in relation to the overall height and massing of the façade.
2. The architectural and decorative features of the upper portion of the Shattuck Avenue building façade, including:
stepped-parapet front wall;
central horizontal beam that once supported a blade sign; original Art Deco Works Progress Administration-style cast concrete wall; wall frescos and bas relief;
“Artistry” and “Unity” relief slogans;
stylized imagery of leaves and globes, gears and levers, musical instruments, and male and female forms;
tower plume, half arches, and scroll patterns.
Excluding: the 1980s storefront and 1970s marquee on the lower building facade.
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 19, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Andrew Murray, Interim Director of Public Works Subject: Audit Status Reports: Fleet Replacement Fund Short Millions & Rocky Road: Berkeley Streets At Risk and Significantly Underfunded
INTRODUCTION
On November 19, 2020, the City Auditor published the Rocky Road: Berkeley Streets at Risk and Significantly Underfunded Audit Report, reviewing the funding resources to sufficiently maintain City streets, and asking if Public Works has clear policies and processes to guide paving decisions. On June 2, 2021, the City Auditor published the Fleet Replacement Fund Short Millions Audit Report, reviewing the solvency of the fund to sufficiently replace vehicles and asking if Public Works has key information necessary for managing the fleet program.
This is the second status report to City Council on the efforts made to implement the Audit Report’s recommendations for both streets paving and fleet. A previous report was issued on November 3, 2022.
CURRENT SITUATION AND ITS EFFECTS
The street paving audit report included two findings and five recommendations for the Public Works Department and its Engineering Division and Administrative & Fiscal Services Division to review, implement and report to Council. As of this report, three recommendations have been implemented and two recommendations have been partially implemented. All recommendations currently tracking as partially implemented require funding source availability for appropriation to streets.
The fleet audit report noted two findings and twelve recommendations for the Public Works Department and its Equipment Management Division and Administrative & Fiscal Services Division to review, implement and report to Council. As of this report, there are updates to the status of all twelve recommendations. The first set of seven recommendations were related to the underfunding of the Equipment Replacement Fund. One recommendation has been partially implemented, the remaining six recommendations have been started. The second set of five recommendations focused on Public Works having critical information available to inform management and decision making. All five recommendations under this finding have been started.
13
Audit Status Reports - Fleet Replacement Fund Short Millions INFORMATION CALENDAR & Rocky Road: Berkeley Streets At Risk and Significantly Underfunded March 19 2024
The attachment provides a detailed table of audit report recommendations, steps towards corrective action, and implementation progress updates. The next status report for the fleet street paving audit are expected to be presented September 10, 2024.
BACKGROUND
Public Works’ Engineering Division is responsible for capital projects to maintain over 216 centerline miles of streets in the City, while the Streets & Utilities Division handles day-to-day maintenance of those streets. Public Works’ Equipment Management Division manages the maintenance, purchase, and replacement of the City’s 730 fleet vehicles, heavy duty trucks and large equipment, including public safety, fire, and alternative fuel vehicles and equipment. The Administrative and Fiscal Services Division is responsible for the Department’s budget and fiscal oversight and analytical support for routine and special projects in all Public Works operating divisions.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Public Works replaces vehicles with alternative fuel, hybrid and electric vehicles whenever possible given availability of fleet technology, available budget and charging infrastructure. Improved streets benefit all users help encourage more bicycling and walking, which lowers greenhouse gas emissions. Improved streets include green infrastructure help reduce pollution and clean stormwater before it reaches the Bay.
POSSIBLE FUTURE ACTION
Public Works will continue to address the remaining two partially implemented recommendations in the street paving audit and the twelve started and partially implemented recommendations in the fleet audit.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
In the biannual budget adoption for FY 2023 and FY 2024, Council approved a funding guideline to approve an $8,000,000 annual increase to street paving funding in future fiscal years (plus annual CPI adjustments). This funding is intended to raise paving funding to levels sufficient to maintain current pavement condition. Significant additional funding would be needed to be allocated over several years to raise the pavement condition index (PCI) to 70-75 or “Good” status.
CONTACT PERSON
Sean O’Shea, Administrative & Fiscal Services Manager (510) 981-6306 Ron Nevels, Manager of Engineering (510) 981-6439
Greg Ellington, Equipment Management Superintendent (510) 981-9469 Attachment:
1. Fleet Audit Findings and Recommendations Response Report
2. Street Audit Findings and Recommendations Response Report
Audit Title: Fleet Replacement Fund Short Millions
Finding Recommendation Lead
Depart
ment
Expected or
Actual
Implementation
Date
Status of Audit
Recommendations, Corrective
Action Plan, and Progress
Summary
Last
Period:
Status
The Replacement
Fund is underfunded
by millions of dollars.
1.1 Calculate the dollar value of
the City’s replacement needs.
Use results from the recent
rate study to adjust
departments’ replacement
fees to cover their share of
the costs associated with
vehicle replacement,
including customization and
personnel.
Public
Works
Ongoing Partly Implemented:
Public Works annually updates
the fleet replacement costs in
the FUND$ Fleet Management
System. This cost replacement
data has also been validated
for the upcoming switch to the
Assetworks Fleet Management
software, expected to go live
Spring 2024. Public Works is
also evaluating costs for
adjustment in the FY 25-26
biennial operating budget and
the five year replacement
schedule communicated in the
FY 25-29 CIP. A proposed rate
adjustment for the Equipment
Replacement Fund that would
account for Public Works staff
time supported by the fund is
under consideration for
adoption in the FY 25-26
Budget Development cycle.
Partly
Implemented
The Replacement
Fund is underfunded
by millions of dollars.
1.2 Conduct an analysis of the
City’s current fleet and
determine the optimal fleet
size to provide services
efficiently and effectively.
This analysis should include
fleet units identified as
reserve,
backup, and “pool” vehicles.
The outcome of the analysis
should be a plan to achieve
and provide funding for the
optimal fleet size.
Public
Works
Ongoing Started:
City Council approved a
contract for Mercury
Associates to conduct the fleet
assessment study on
November 21, 2023. The
contract was executed in
February 2024, and the study is
expected to be completed by
September 2024.
Started
The Replacement
Fund is underfunded
by millions of dollars.
1.3 Work with the City Manager’s
Office to adjust the funding
model of the Equipment
Replacement
Fund or adopt a new one to
ensure appropriate funding
for timely fleet replacement,
such as annually transferring
money from the General Fund
based on an assessment of
the City’s overall fleet needs
and priorities. Expand the
current vehicle and
equipment replacement
policy to ensure transparency
of key provisions of the new
or updated model.
Public
Works
Ongoing Started:
The City decided to defer
implementation of the
Equipment Replacement Fund
and Equipment Maintenance
Fund rate models to the FY 25-
26 Biennial Budget
Development process. Public
Works has since updated its
fund rate models based on FY
23 actuals and is presenting the
new rates for adoption during
the next budget cycle. The new
Public Works executive
leadership is reviewing the
draft Equipment Replacement
Policy, and will complete the
final departmental review in
Spring 2024. The policy will
then be reviewed by the City
Manager's Office.
Started
The Replacement
Fund is underfunded
by millions of dollars.
1.4 Revise the vehicle and
equipment replacement
policy to include that Public
Works should regularly assess
the personnel expenditures
related to vehicle and
equipment replacement and
ensure that they are
appropriate and proportional
to their duties.
Public
Works
Ongoing Started:
The draft Equipment
Replacement Policy is being
reviewed by the new Public
Works executive leadership
staff for final departmental
review. It includes language
supportive of the listed
recommendation. Next step
will be review with the City
Manager's Office, then it will
be shared with citywide
departments in Spring 2024.
Started
The Replacement
Fund is underfunded
by millions of dollars.
1.5 Revise the vehicle and
equipment replacement
policy to prevent replacing
unfunded vehicles by
ensuring that contributed
funds are available for the
purchase.
Public
Works
Ongoing Started:
The draft Equipment
Replacement Policy is being
reviewed by the new Public
Works executive leadership
staff for final departmental
review. It includes language
supportive of this
recommendation.
Started
The Replacement
Fund is underfunded
by millions of dollars.
1.6 Develop an Administrative
Regulation that clarifies
Public Works’ responsibilities
to manage the fleet and
maintain sufficient fleet
replacement funding.
Public
Works
Ongoing Started:
The draft Equipment
Replacement Policy is being
reviewed by the new Public
Works executive leadership
staff for final departmental
review. It includes language
supportive of this
recommendation.
Started
The Replacement
Fund is underfunded
by millions of dollars.
1.7 To help secure the funding
needed for transitioning to
electric vehicles by 2030,
work with the City Manager’s
Office to develop a budgetary
plan to purchase electric
vehicles. The plan should
align with the City’s fleet
electrification goals and take
into consideration the current
economic downturn, funding
availability, available
infrastructure, and electric
vehicle availability.
Public
Works
Ongoing Started:
The Fleet Division is meeting
with EV manufacturers to
demo and discuss potential
future purchase options, and
has a demo for medium and
heavy-duty EV vehicles on site
at the Corp Yard scheduled for
late March 2024. The Fleet
Division is also meeting with
other manufacturers of EV
vehicles directly. Staff is
proposing a funding request to
support installation of
additional EV charging stations
for the city fleet in the FY 25-26
budget development cycle and
the FY 25-29 Capital
Improvement Plan as well as
researching possible grant
opportunities.
Started
Public Works lacks
information on
vehicle and
equipment
replacement for
decision making.
2.1 Conduct a needs assessment
of vehicles overdue for
replacement and create a
plan that documents a
timeline and cost for
replacement. Report the
findings to City Council.
Public
Works
Ongoing Started:
Funding for backlog vehicle
purchases was included in the
FY 23 and FY 24 budgets along
with scheduled replacements in
those years. Similarly, an
expenditure budget to cover
future projected backlog
vehicles will be included in the
FY 25 Public Works budget. A
formal needs assessment
document has not been
completed and will be
Started
scheduled, drafted and
presented to Council in
calendar year 2024.
Public Works lacks
information on
vehicle and
equipment
replacement for
decision making.
2.2 Update the vehicle and
equipment replacement
policy to include criteria for
prioritizing fleet replacement.
The policy should include a
requirement to communicate
a delay in replacement of
their fleet to affected
departments. In
Administrative Regulation
described in recommendation
1.6, specify that the vehicle
and equipment replacement
policy should include
such criteria.
Public
Works
Ongoing Started:
The draft Equipment
Replacement Policy is being
reviewed by the new Public
Works executive leadership
staff for final departmental
review. It includes language
supportive of the listed
recommendation. The next
step will be review with the
City Manager's Office, then it
will be shared with citywide
departments in Spring 2024.
Started
Public Works lacks
information on
vehicle and
equipment
replacement for
decision making.
2.3 Work with the vendor of the
new fleet management
system to configure it to
address the data issues
identified in this report,
including:
• Tracking Replacement
Funds collected and leftover
funds by department;
• Zeroing out the balance
after a vehicle is replaced;
• Adjusting the replacement
date and reporting the
rationale if a replacement is
deferred;
and
• Displaying any information
needed to prioritize
replacements based on
specified criteria.
Public
Works
Ongoing Started:
Public Works is gathering data
for the AssetWorks fleet
management software and
expects the system to go live in
April 2024. Reporting on
vehicle replacement will be
more thorough as the vehicle
usage and maintenance costs
will be more readily available.
User departments will be
consulted to verify
replacement schedules as part
of the annual budgeting
process.
Started
Public Works lacks
information on
vehicle and
equipment
replacement for
decision making.
2.4 Clean and update the vehicle
and equipment database
before migrating it to the new
fleet management system to
ensure accuracy and data
integrity.
Public
Works
Ongoing Started:
Data gathering for the
AssetWorks fleet management
software is nearing completion
with end user training
anticipated in April 2024. The
system is expected to go live
shortly thereafter.
Started
Public Works lacks
information on
vehicle and
equipment
replacement for
decision making.
2.5 Update the vehicle and
equipment replacement
policy or develop a separate
policy to require staff manage
the City’s data appropriately
to ensure accurate complete
information to support
management decisions.
Public
Works
Ongoing Started:
The draft Equipment
Replacement Policy is being
reviewed by the new Public
Works executive leadership
staff for final departmental
review. Reporting on vehicle
replacement will be more
thorough as the vehicle usage
and maintenance costs will be
more readily available, and
user departments will be
consulted to verify the
replacement schedule as part
of the annual budgeting
process following the criteria
identified in the replacement
policy. The policy will then be
reviewed by the City Manager's
Office and citywide
departments in Spring 2024.
Started
Audit Title: Rocky Road: Berkeley Streets at Risk and Significantly Underfunded Finding Recommendation Lead
Department
Expected or
Actual
Implementation
Date
Status of Audit
Recommendations, Corrective
Action Plan, and Progress
Summary
Last Period:
Status
Without significant
additional funding,
Berkeley streets
will continue to
deteriorate and
deferred
maintenance costs
will increase.
1.1 Annually, conduct a budget
analysis, based on the
deferred maintenance
needs at that point in time,
to determine what level of
funding is necessary to
achieve the desired goals
of the Street Rehabilitation
Program. Report findings to
City Council. This
information will be helpful
during updates to the Five-
Year Street Rehabilitation
Plan and during the
budgeting process.
Public Works Ongoing Partly Implemented:
The City conducts a survey of its
pavement condition index (PCI)
every two years. The Street
Saver software constantly
updates a model of pavement
condition based on the lifecycle
and accounting for the paving
treatment applied. PCI
condition was last reported to
City Council at the adoption of
the current Five-Year Paving
Plan on November 28, 2023.
Public Works will propose its
budget needs to achieve paving
all of the street segments listed
in the Five-Year Paving Plan in
the FY 25-29 CIP Budget
Development process.
Partly
Implemented
Without significant
additional funding,
Berkeley streets
will continue to
deteriorate and
deferred
maintenance costs
will increase.
1.2 Identify funding sources to
achieve and maintain the
goals of the Street
Rehabilitation Program.
Public Works Ongoing Partly Implemented:
Council adopted a policy in
2022 that commits $8 million
annually in General Funds to
address street paving: The
Adequate General Fund
Contribution for Street
Maintenance to Prevent
Deterioration of Pavement
Condition. The Five-Year Plan
Partly
Implemented
assumes this elevated General
Fund contribution will be
allocated. Second, Council has
adopted new Zero Waste rates
and a budget that included $1-
$2 million annually in rate
revenue from the Zero Waste
Fund to offset the impact of
Zero Waste collection vehicles
on the City’s pavement. This
revenue will transfer from the
Zero Waste Fund to the City’s
annual paving project.
Additionally, funding from the
Clean Stormwater Fund will
support green infrastructure
street project elements given
the new Municipal Regional
Permit (MRP) requirements.
According to PEI's analysis, an
additional amount of
approximately $12,000,000 per
year until 2037, averaging a
total of $30,000,000 in annual
paving funding, is needed to
reach a PCI of 75
The Streets
Rehabilitation and
Repair Policy is
out-of-date and
Public Works is not
following it.
2.1 Update the Street
Rehabilitation and Repair
Policy annually and define
who is responsible for
ensuring the Policy is
updated, as stated in the
Policy.
Public Works January 2022 Implemented
The Streets
Rehabilitation and
Repair Policy is
out-of-date and
Public Works is not
following it.
2.2 When updating the Street
Rehabilitation and Repair
Policy, incorporate equity
to align with Vision 2050
and clearly define how it
will be applied to the street
maintenance and
rehabilitation planning
process.
Public Works January 2022 Implemented
The Streets
Rehabilitation and
Repair Policy is
out-of-date and
Public Works is not
following it.
2.3 Define goals and
performance measures to
guide the Street
Rehabilitation and Repair
Policy and Street
Rehabilitation Program
that align with other plans
and policies relevant to
street paving (e.g.,
Complete Streets Policy,
Vision 2050, etc.). Regularly
report to Council on
performance measures.
Public Works January 2022 Implemented
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