Agenda packet, first session — Berkeley City Council, September 30, 2025 (part 4 of 4)

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Level 1
0' - 8"
GROUND
0' - 0"

STABLE ROOF
15' - 1"

STABLE MAIN
8' - 10"
WD-1
S-2

CASEMENT WINDOW

HIGHEST GRADE

LOWEST GRADE

AVERAGE GRADE

AVERAGE HEIGHT
14' - 8"
Level 1
0' - 8"
GROUND
0' - 0"

STABLE ROOF
15' - 1"

STABLE MAIN
8' - 10"
S-2

DOUBLE HUNG WOOD
WINDOW, TYP. UNOEXTERIOR SCONCE

HIGHEST GRADE

LOWEST GRADE

AVERAGE GRADE

AVERAGE HEIGHT
14' - 8"
Level 1
0' - 8"
GROUND
0' - 0"

STABLE ROOF
15' - 1"

STABLE MAIN
8' - 10"S-2

DOUBLE CASEMENT
WINDOW

HIGHEST GRADE

LOWEST GRADE

AVERAGE GRADE

AVERAGE HEIGHT
14' - 8" Level 1
0' - 8"
GROUND
0' - 0"

STABLE ROOF
15' - 1"

STABLE MAIN
8' - 10"
R-1

HIGHEST GRADE

LOWEST GRADE

AVERAGE GRADE

AVERAGE HEIGHT
14' - 8"
S-2

EXISTING OR NEW (TO MATCH

EXISTING) V-RUSTIC WOOD SIDING,

PAINTED WHITE
WD-1

WHITE PAINTED TRIM
R-1

ASPHAULT SHINLGES
Architecture & Interiors
1810 Sixth St
Berkeley, CA 94710
510.841.3555
https://studiokda.com/
12/19/2024 3:38:57 PM
A-3PROPOSED STABLE ELEVATIONSBLAKE DUPLEX
12/20/242201-2207 BLAKE ST. NEW RESIDENTIAL USE PERMIT

APPLICATION
NDG01
1/8" = 1'-0"
1 BLDG B - EAST ELEVATION
1/8" = 1'-0"
2 BLDG B - SOUTH ELEVATION
1/8" = 1'-0"
3 BLDG B - WEST ELEVATION 1/8" = 1'-0"
4 BLDG. B - NORTH ELEVATION
1/8" = 1'-0"

MATERIAL LEGEND

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Level 1
0' - 8"
Level 2
10' - 8"
Level 3
20' - 8"
Level 4
29' - 0"
Level 5
35' - 0"
GROUND
0' - 0"

PROPERTY LINE
P-2
P-1
P-4
P-5
P-2
P-3
P-4
P-5
P-3
R-1
6' - 0"8' - 4"10' - 0"10' - 0"

DOUBLE HUNG ALUMINUM

CLAD WINDOW, TYP UNO
S-1

EXTERIOR SCONCE

HIGHEST GRADE

LOWEST GRADE

AVERAGE GRADE

AVERAGE HEIGHT
31' - 5"
Level 1
0' - 8"
Level 2
10' - 8"
Level 3
20' - 8"
Level 4
29' - 0"
Level 5
35' - 0"
GROUND
0' - 0"

PROPERTY LINE
P-1
P-2
R-1
P-3
P-5
P-2 R-1
P-1
P-1
?

DOUBLE HUNG ALUMINUM

CLAD WINDOW, TYP UNO
S-1
S-1
S-1

HIGHEST GRADE

LOWEST GRADE

AVERAGE GRADE

AVERAGE HEIGHT
31' - 5"

EXTERIOR
SCONCE
P-1

MAIN BODY PAINT
SW-3860 SAGE
P-2

ACCENT PAINT
SW-3861 AVOCADO
P-3

ACCENT PAINT
SW-0028 CAEN STONE
P-4

ACCENT PAINT
SW-0044 HUBBARD SQUASH
P-5

ACCENT PAINT
SW-0032 NEEDLEPOINT NAVY
R-1

ASPHAULT SHINLGES
S-1

HORIZONTAL V-RUSTIC

PAINTED SIDING
Architecture & Interiors
1810 Sixth St
Berkeley, CA 94710
510.841.3555
https://studiokda.com/
12/19/2024 3:38:58 PM
A-3.1PROPOSED ELEVATIONSBLAKE DUPLEX
12/20/242201-2207 BLAKE ST. NEW RESIDENTIAL USE PERMIT

APPLICATION
NDG01
1/8" = 1'-0"
1 WEST ELEVATION
1/8" = 1'-0"
2 SOUTH ELEVATION
1/4" = 1'-0"

MATERIAL LEGEND

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Page 387 ends

Level 1
0' - 8"
Level 2
10' - 8"
Level 3
20' - 8"
Level 4
29' - 0"
Level 5
35' - 0"
GROUND
0' - 0"

PROPERTY LINE
R-1
P-2
R-1
P-2
P-3
P-1
P-1
S-1

HIGHEST GRADE

LOWEST GRADE

AVERAGE GRADE

AVERAGE HEIGHT
31' - 5"
Level 1
0' - 8"
Level 2
10' - 8"
Level 3
20' - 8"
Level 4
29' - 0"
Level 5
35' - 0"
GROUND
0' - 0"

PROPERTY LINE
R-1
P-1
R-1 R-1
P-2
P-4
P-5
P-3
P-5 P-1
P-1

DOUBLE HUNG ALUMINUM

CLAD WINDOW, TYP UNO

CASEMENT
WINDOW
S-1

HIGHEST GRADE

LOWEST GRADE

AVERAGE GRADE

AVERAGE HEIGHT
31' - 5"

EXTERIOR SCONCE
P-1

MAIN BODY PAINT
SW-3860 SAGE
P-2

ACCENT PAINT
SW-3861 AVOCADO
P-3

ACCENT PAINT
SW-0028 CAEN STONE
P-4

ACCENT PAINT
SW-0044 HUBBARD SQUASH
P-5

ACCENT PAINT
SW-0032 NEEDLEPOINT NAVY
R-1

ASPHAULT SHINLGES
S-1

HORIZONTAL V-RUSTIC

PAINTED SIDING
Architecture & Interiors
1810 Sixth St
Berkeley, CA 94710
510.841.3555
https://studiokda.com/
12/19/2024 3:44:24 PM
A-3.2PROPOSED ELEVATIONSBLAKE DUPLEX
12/20/242201-2207 BLAKE ST. NEW RESIDENTIAL USE PERMIT

APPLICATION
NDG01
1/8" = 1'-0"
1 EAST ELEVATION
1/8" = 1'-0"
2 NORTH ELEVATION
1/4" = 1'-0"

MATERIAL LEGEND

CASEMENT WINDOW

FIXED WINDOW

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Level 1
0' - 8"
Level 2
10' - 8"
Level 3
20' - 8"
Level 4
29' - 0"
Level 5
35' - 0"
GROUND
0' - 0"

PROPERTY LINE

PROPERTY LINE
T.O. ROOF
32'-6"
T.O. ROOF
32'-0"
(E) 2201 BLAKE ST.
(E) 2205 BLAKE ST.

NO WORK PROPOSED

PROPOSED PROJECT
Architecture & Interiors
1810 Sixth St
Berkeley, CA 94710
510.841.3555
https://studiokda.com/
12/19/2024 3:38:59 PM
A-3.3SITE SECTIONBLAKE DUPLEX
12/20/242201-2207 BLAKE ST. NEW RESIDENTIAL USE PERMIT

APPLICATION
NDG01
1" = 10'-0"
1 SITE SECTION

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TYPE A

UNIT ENTRY
6' - 8"
3' - 0"
TYPE F
GARAGE
TYPE G1 & G2

CLOSET SLIDER
TYPE H1 & H2

POCKET DOOR
TYPE I

GLASS DB DOOR
TYPE J

CLOSET SLIDER
TYPE L
CLOSET DB DOOR 6' - 8"
VARIES
6' - 8"
2' - 6"
6' - 8"
6' - 0"
6' - 8"
4' - 0"
TYPE M

ENTRY BARN DOOR
6' - 8"
6' - 0"
6' - 8"
4' - 0"

TYPE B, C, D, E & N

INTERIOR
6' - 8"
VARIES
1' - 8"
7' - 0"
17' - 0"
Architecture & Interiors
1810 Sixth St
Berkeley, CA 94710
510.841.3555
https://studiokda.com/
A-6DOOR SCHEDULEBLAKE DUPLEX
12/20/242201-2207 BLAKE ST. NEW RESIDENTIAL USE PERMIT

APPLICATION
NDG01
Door Schedule
L
evel Mark Type Mark MATERIAL Height Width
Level 1 101 A WOOD 6' - 8" 3' - 0"
Level 1 101B M WOOD 6' - 8" 6' - 0"
Level 1 102 A WOOD 6' - 8" 3' - 0"
Level 1 102B N WOOD 6' - 8" 2' - 6"
Level 1 103 E WOOD 6' - 8" 2' - 4"
Level 1 103B N WOOD 6' - 8" 2' - 6"
Level 1 104 B WOOD 6' - 8" 3' - 0"
Level 1 104B G1 WOOD 6' - 8" 5' - 0"
Level 1 105 E WOOD 6' - 8" 2' - 4"
Level 1 106 B WOOD 6' - 8" 3' - 0"
Level 1 107 N WOOD 6' - 8" 2' - 6"
Level 1 108 H1 WOOD 6' - 8" 2' - 6"
Level 1 109 I WOOD 6' - 8" 6' - 0"
Level 1 110 H6 WOOD 7' - 0" 17' - 0"
Level 1 111 G1 WOOD 6' - 8" 5' - 0"
Level 2 202 H1 WOOD 6' - 8" 2' - 6"
Level 2 203 L WOOD 6' - 8" 3' - 0"
Level 2 204 G1 WOOD 6' - 8" 5' - 0"
Level 2 205 C WOOD 6' - 8" 2' - 8"
Level 2 206 C WOOD 6' - 8" 2' - 8"
Level 2 207 J WOOD 6' - 8" 4' - 0"
Level 2 208 N WOOD 6' - 8" 2' - 6"
Level 2 209 D WOOD 6' - 8" 2' - 2"
Level 2 210 C WOOD 6' - 8" 2' - 8"
Level 2 211 N WOOD 6' - 8" 2' - 6"
Level 2 212 N WOOD 6' - 8" 2' - 6"
Level 3 301 C WOOD 6' - 8" 2' - 8"
Level 3 302 G2 WOOD 6' - 8" 6' - 0"
Level 3 303 L WOOD 6' - 8" 4' - 0"
Level 3 304 G2 WOOD 6' - 8" 6' - 0"
Level 3 305 C WOOD 6' - 8" 2' - 8"
Level 3 306 C WOOD 6' - 8" 2' - 8"
Level 3 307 C WOOD 6' - 8" 2' - 8"
Level 3 308 N WOOD 6' - 8" 2' - 6"
Door Schedule
L
evel Mark Type Mark MATERIAL Height Width
Level 3 309 C WOOD 6' - 8" 2' - 8"
Level 3 310 H2 WOOD 6' - 8" 2' - 4"

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TYPE A
HUNG
VARIES
VARIES
TYPE B
AWNING
VARIES
VARIES
TYPE C

DOUBLE CASEMENT
VARIES
VARIES
TYPE D

SINGLE CASEMENT
TYPE E

TRANSOM
1' - 8"
3' - 0"
3' - 0"
2' - 6"
TYPE F
FIXED
VARIES
VARIES
Architecture & Interiors
1810 Sixth St
Berkeley, CA 94710
510.841.3555
https://studiokda.com/
A-6.1WINDOW SCHEDULEBLAKE DUPLEX
12/20/242201-2207 BLAKE ST. NEW RESIDENTIAL USE PERMIT

APPLICATION
NDG01
Window Schedule
T

YPE WIDTH HEIGHT MATERIAL
A3 2' - 6" 6' - 0" ALUMINUM CLAD
A4 3' - 0" 4' - 0" ALUMINUM CLAD
A5 3' - 0" 5' - 0" WOOD
B4 2' - 0" 2' - 6" WOOD
C4 6' - 0" 3' - 0" WOOD
D 2' - 6" 3' - 0" ALUMINUM CLAD
E 3' - 0" 1' - 8" ALUMINUM CLAD
F1 5' - 0" 6' - 0" ALUMINUM CLAD
F2 4' - 0" 3' - 0" ALUMINUM CLAD
F3 5' - 0" 2' - 0" ALUMINUM CLAD

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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
September 30, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Landmark Preservation Ordinance Notice of Decision: 2939 Dwight Way/#LMIN2020-0007

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 3.24.160, 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 Landmarks Preservation Commission (LPC/Commission) has designated the subject property as a Landmark. This action is subject to a 15-day appeal period, which began after the notice was mailed on September 15, 2025.

BACKGROUND
BMC/LPO Section 3.24.190 allows the Council to review any action of the Commission in granting or denying Landmark, Structure of Merit, or Historic District status. 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 September 30, 2025. 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.

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Notice of Decision: 2939 Dwight Way/#LMSAP2020-0007 INFORMATION CALENDAR September 30, 2025

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ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Landmark designation and discretionary alteration reviews by staff and LPC provide 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
Allison Riemer, Senior Planner, Planning and Development, 510-981-7433 Attachments:
1: Notice of Decision – #LMSAP2020-0007/2939 Dwight Way

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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: August 7, 2025
DATE NOTICE MAILED: September 15, 2025
APPEAL PERIOD EXPIRATION: September 30, 2025
EFFECTIVE DATE (Barring Appeal or Certification): October 1, 20251 2939 Dwight Way – Smyth Fernwald House
Landmark application #LMIN2020-0007 for the consideration of City Landmark or Structure of Merit designation for a residential property constructed circa 1868 and remodeled in 1911 (APN: 055-1853-032-06) The Landmarks Preservation Commission of the City of Berkeley, after conducting a public hearing, APPROVED the following designation:
 City Landmark designation
 Property Owner: Regents of the University of California 1111 Franklin St 6
Oakland, CA 94607
 Applicant: Leila Moncharsh
5707 Redwood Rd, Suite 10
Oakland, CA 94619
ZONING DISTRICT: Restricted Multiple-Family Residential, Hillside Overlay (R-2AH) 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 15-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 Permit becomes effective the day after the certification deadline has passed.

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LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMIN2020-0007
2939 Dwight Way
Mailed: September 15, 2025

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ENVIRONMENTAL REVIEW STATUS: Not subject to review under the California Environmental Quality Act (“CEQA”) pursuant to the common sense exemption, because it can be seen with certainty that there is no possibility that the City Landmark designation may have a significant effect on the environment. (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 APPLICATION MATERIALS ARE ATTACHED TO THIS NOTICE COMMISSION VOTE: 6-0-0-2
YES: CRANDALL, ENCHILL, FINACOM, GREENE, MONTGOMERY, ORBUCH NO: NONE
ABSTAIN: NONE
ABSENT: PLESE, 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 $3,000. This fee may be reduced to $1,000 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

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LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMIN2020-0007
2939 Dwight Way
Mailed: September 15, 2025

Page 3 of 4 ends

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.
b. The fee for all appeals by Applicants is $6,000.

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 Landmarking 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.

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LANDMARKS PRESERVATION COMMISSION

NOTICE OF DECISION
#LMIN2020-0007
2939 Dwight Way
Mailed: September 15, 2025

Page 4 of 4 ends

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, Allison Riemer, at (510) 981-7433 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. Landmarks Application
ATTEST:

Allison Riemer, Secretary
Landmarks Preservation Commission
cc: City Clerk
Leila Moncharsh, 5707 Redwood Road, Suite 10, Oakland, CA 94619 Regents of the University of California, 1111 Franklin St 6, Real Estate Services, Oakland, CA 94607

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Attachment 1, part 2
F i n d i n g s f o r D e s i g n a t i o n
AUGUST 7, 2025

2939 Dwight Way – Smyth Fernwald House
Landmark application #LMIN2020-007 for the consideration of City Landmark or Structure of Merit designation for a residential property constructed circa 1868 and remodeled in 1911 (APN: 055-1853-032-06)

PROJECT DESCRIPTION
City Landmark designation of the property at 2939 Dwight Way

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

1. Pursuant to Berkeley Municipal Code (BMC) Section 3.24.110(A)(1)(b) of the Landmarks Preservation Ordinance (LPO), the Landmarks Preservation Commission of the City of Berkeley (Commission) finds that the property at 2939 Dwight Way meets the architectural value criterion for City Landmark designation for being a work of master architect Julia Morgan and as an outstanding example of Tudor Revival design in a First Bay Tradition residence as reflected in its half-timber exterior, varied massing, Tudor-arched windows and moldings, and ornamental chimneys along with its natural setting, trellised porch, exterior porches, and broad heavy timber eaves.

2. Pursuant to BMC Section 3.24.110(A)(4) of the LPO, the Commission also finds that the property at 2939 Dwight Way meets the historic value criterion for City Landmark designation since it is the oldest surviving building in Berkeley’s oldest surviving development tract, and for its association with the life and work of local inventor William Henry Smyth, who held over forty patents for machines used in several key California industries. Smyth is also significant locally for his association with scientific and technical societies and was an honorary member of the UC Faculty Club. He owned the property beginning in 1895 and was responsible for developing its landscape, expanding the house to its current configuration, and deeding the property to UC Berkeley.

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FINDINGS for DESIGNATION 2939 Dwight Way

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FEATURES TO BE PRESERVED
This designation shall apply to the subject property and the following distinguishing features of the property shall be preserved, and missing features shall be restored to the extent possible:

Property
 Location at the northwest side of Smyth Road at Hillside Avenue  Setting in a neighborhood at the base of the Berkeley Hills, south of UC Berkeley’s campus
 Original stone walls by Smyth along Hillside Avenue
 Intact creek landscape along the northern edge of the property  The wisteria vines near the pergola at the rear of the property  The placement of the house within an informal grove of trees, including Coast Live Oaks and Monkey Puzzle trees (Araucaria araucana)
Residence
 Exterior elevations, with primary (south) elevation
 Half-timber exterior details
 Cast stone Tudor arch window details
 Entry porch on south elevation with arched opening
 Corbelled brick chimneys
 Trellised porch at southwest corner
 Third floor belvedere tower
 West balcony
 Irregular roof plan
 Broad heavy timber eaves
 Original wood windows, including large flattened-arch window with fanlight and west elevation windows with intricate wood transoms
 Basement level arched openings

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CITY OF OAKLAND
Ordinance #4694 N.S.

LANDMARK APPLICATION
Smyth Fernwald House
2939 Dwight Way
Berkeley, California
Photo of the main façade taken from southeast by John Bernstein 2024 Attachment 1, Part 3

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1. Street Address: 2939 Dwight Way
County: Alameda City: Berkeley ZIP: 94720

2. Assessor’s Parcel Number: Near 55-1856-8 (Batchelder Tract, Block B, lot 8) City record GIS Portal shows 55-1853-32-6 for the 2939 Dwight Way address.

Dimensions: 50 feet by 70 feet
Cross Streets: Hillside Avenue and Dwight Way (on old, abandoned Fernwald Street, 200 feet north of Dwight Way)

3. Is property on the State Historic Resource Inventory? No Is property on the Berkeley Urban Conservation Survey? No
Form #

4. Application for Landmark Includes:
a. Building(s): Yes Garden: No Other Feature(s): No
b. Landscape or Open Space: No
c. Historic Site: Yes (Julia Morgan and William Henry Smyth) d. District: No
e. Other: Entire property

5. Historic Names: Smyth House, Smyth Fernwald Property Commonly Known Name: Smyth Fernwald House

6. Date of Construction: ca. 1868, remodeled in 1911 Factual: Yes Source of Information: Seigal & Strain History Report, 1874 photo (pp. 1, 9) 2011 remodel - City of Berkeley Application for Building Permit No. 1284, May 20, 1911.

7. Architect: 2011 Remodel: Julia Morgan

8. Builder: Contractor: H.D. Koch

9. Style: Original structure: Italianate; remodeled structure: First Bay Region Arts and Crafts style with Tudor Revival features.

10. Original Owners: Perez Mann Batchelder and wife, née Clara F. Adams, purchase the property from the College of California and erected a house. Property was listed in Mrs. Batchelder’s name. (ca. 1867- ca. 1889.)

William Henry Smyth (ca. 1900-1940.)
Original Use: residential

11. Present Owner: Regents of the University of California Present Occupant: None

12. Present Use: None
Current Zoning: R-2AH Adjacent Property Zoning: same

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13. Present Condition of Property:

Exterior: Poor Interior: Poor Grounds: Poor
Has the property’s exterior been altered? Not intentionally, damage due to neglect

14. Description: See attached Draft National Register of Historic Places application.

Features to Preserve:

The house is significant for all of the reasons listed in the attached Draft NR application. The following features to be preserved include, but are not limited to:
• Façade and all exterior sides of the building
• Corbelled brick chimneys
• Trellised porch and wisteria at southeast corner
• Original hardware on exterior doors
• Entry porch on south side with arched opening and brick ramp to basement workshop entry below porch
• Julia Morgan exterior alterations shown in each side of elevation plans • Third floor tower
• West balcony
• Roof including shape and materials
• All exterior windows and window frames
• detail of south elevation
• Pergola including built-in seating below pergola

15. History – See attached NR application

16. Significance - See attached NR application

17. Historic Value— City: Yes Neighborhood: Yes
Architectural Value— City: Yes Neighborhood: Yes

18. Is the property endangered? Yes. It has been neglected for decades by U.C. to the point where the roof is leaking, a part of the balcony is hanging off the building, and the exterior shows signs of deterioration. U.C. has refused or failed to address any of the deterioration or prevent further deterioration.

19. Bibliography: See attached NR application.

20. Recorder: Leila H. Moncharsh, President for the Berkeley Architectural Heritage Association, P.O. Box 1137, Berkeley, California 94701
Date: May 2025

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NPS Form 10-900 OMB Control No. 1024-0018
expiration date 03/31/2026
1 United States Department of the Interior
National Park Service
National Register of Historic Places Registration Form
This form is for use in nominating or requesting determinations for individual properties and districts. See instructions in National Register Bulletin, How to Complete the National Register of Historic Places Registration Form. If any item does not apply to the property being documented, enter "N/A" for "not applicable." For functions, architectural classification, materials, and areas of significance, enter only categories and subcategories from the instructions.

1. Name of Property
Historic name: _Smyth-Fernwald House
Other names/site number: __Smyth House_________
Name of related multiple property listing: N/A
(Enter "N/A" if property is not part of a multiple property listing ____________________________________________________________________________

2. Location
Street & number: 2939 Dwight Way
City or town: Berkeley State: CA County: Alameda
Not For Publication: Vicinity:
____________________________________________________________________________

3. State/Federal Agency Certification
As the designated authority under the National Historic Preservation Act, as amended, I hereby certify that this nomination ___ request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60.

In my opinion, the property ___ meets ___ does not meet the National Register Criteria. I recommend that this property be considered significant at the following level(s) of significance:
___national ___statewide ___ local
Applicable National Register Criteria:
___A ___ B ___ C ___ D
Signature of certifying official/Title: Date
______________________________________________
State or Federal agency/bureau or Tribal Government
x

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Signature of commenting official: Date
Title : State or Federal agency/bureau
or Tribal Government
______________________________________________________________________________

4. National Park Service Certification
I hereby certify that this property is:
entered in the National Register
determined eligible for the National Register
determined not eligible for the National Register
removed from the National Register
other (explain:) _____________________
______________________________________________________________________ Signature of the Keeper Date of Action
____________________________________________________________________________

5. Classification
Ownership of Property
(Check as many boxes as apply.)
Private:

Public – Local
Public – State
Public – Federal
x

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018
Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Section 7 page 3
Category of Property
(Check only one box.)
Building(s)
District
Site
Structure
Object
Number of Resources within Property
(Do not include previously listed resources in the count) Contributing Noncontributing
______1_______ _____________ buildings
_____________ _____________ sites
_____________ _____________ stru ctures
_____________ _____________ objects
_____________ ______________ Total
Number of contributing resources previously listed in the National Register _____0____ ____________________________________________________________________________

6. Function or Use
Historic Functions
(Enter categories from instructions.)
DOMESTIC: single dwelling
___________________
___________________
___________________
x

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7. Description
Architectural Classification
(Enter categories from instructions.)
__Italianate_________________
__Tudor Revival____________
___________________
___________________
___________________
___________________
Materials: (enter categories from instructions.)
Principal exterior materials of the property:

Foundation:_Stucco
Walls: Stucco
Roof: Asphalt shingle

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018
Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Section 7 page 5
Narrative Description
(Describe the historic and current physical appearance and condition of the property. Describe contributing and noncontributing resources if applicable. Begin with a summary paragraph that briefly describes the general characteristics of the property, such as its location, type, style, method of construction, setting, size, and significant features. Indicate whether the property has historic integrity.)
______________________________________________________________________________ Summary Paragraph
Set at the base of the Berkeley Hills with a magnificent view of San Francisco Bay, the Smyth- Fernwald House is a 4,600-square-foot, three-story, single-family residence constructed in 1868.

Once part of a large estate, the house presently stands on 9.26 acres at the top of Dwight Way near the University of California’s Clark Kerr Campus. Originally designed with Italianate
features-most of which are no longer extant-it was remodeled extensively in a mixed Craftsman and Tudor Revival style in 1911 by Julia Morgan, the first woman architect to practice in California. Morgan was among the most prominent early twentieth-century Bay Area architects; she had an extensive practice throughout the State.

While retaining much of the original structure
as a core, Morgan enlarged the house considerably, adding a new entrance hall, projecting bays, a grand stair hall, and a third-story belvedere and study. She also added extensive redwood woodwork on the interior and reclad the house in stucco with half-timbering. While a few internal modifications in the kitchen and dining room accommodated use as a women’s dorm in the mid-twentieth century, the property is little changed since the redesign by Morgan over a century ago. The house retains historic integrity of design, workmanship, and materials from the 1911 period, and integrity of location, setting, feeling, and association from 1868, but it is vacant and suffers from extensive deferred maintenance.
______________________________________________________________________________ Narrative Description
Site Description
The large, three-story Smyth House is located in Berkeley, California at the base of the Berkeley Hills on part of the former Fernwald estate. Situated on the edge of a neighborhood of large single-family homes in a tract originally laid out by Frederic Law Olmsted in 1866, this approximately 9.26 acre site stands out from its surroundings through its original oak chaparral landscape, characterized by gentle to steep slopes, native grasses, generously spaced oak trees, and a stream (Derby Creek) with riparian vegetation. These features, along with a much larger than typical residential lot, date from the original Olmsted subdivision. The site once contained se
veral mid-1940s dormitory structures for University of California students, but these were removed by 2013, leaving open fields and trees – surprisingly reminiscent of the original estate setting -- surrounding the house.

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018
Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Section 7 page 6
Exterior Description1
Featuring an irregular yet largely rectangular plan, the extant 4,600-square-foot house measures approximately 50 by 70 feet including porches, the patio, and servants’ quarters. The exterior finish consists of painted, off-white stucco with decorative half-timbering on major elevations in varying states of disrepair. On the first floor, the south elevation features a large, roofed entrance porch and several large, multi-light windows, illuminating the front hall and a room described in the surviving Morgan plans as a library. Most of the windows on this elevation have ornamental lintels with flattened pointed arches. The north elevation has large, multi-light windows giving natural light to the dining room and a living room alcove, as well as a porch on the northwest corner; somewhat simpler windows on the second floor give light to bedrooms. The west
elevation, on the first floor, above a basement level with three round arches, contains three elaborate, multi-light flattened-arch windows serving the living room. The east elevation on both first and second floors is given over to a relatively unornamented servants’ wing, with, on the first floor, the kitchen and a large trellised patio.

On the second floor the west elevation is entirely devoted to an open porch with a solid wood balustrade. At the south elevation, a large, half-timbered cross gable with a multi-light window serves an upstairs bedroom. The third floor features a tower room or ‘belvedere’ surrounded on
all sides by double-hung windows, replaced in some places by aluminum sliders, and wide roof overhangs supported by heavy brackets. Such open, wide overhanging eaves are a feature of the
multiple side-gables on all elevations, some of which may date from the original construction.

The complex, gabled, asphalt-shingled
roof bears three tall, heavily molded brick chimneys.

Interior Description2 3
The interior is accessed from an impressive stuccoed porch on the southern elevation with wide eaves and flattened arches on three sides. The front door leads to a hall paneled with shoulder- high redwood surmounted by a heavy cove cornice, and then to a similarly-paneled large living room, dating in outline to the 1868 structure, but now furnished with a sandstone fireplace and surround, the chimneypiece containing four panels in an oriental style with figural and floral inlays. The several entrances to the living room are formed in the shape of arcades with multiple wooden arches resting on square wooden columns. The heavily-beamed, coffered ceiling is also
paneled. A large flattened-arch window with fanlight serves this room.

Towards the east, the front hall also leads to a library, also served by a fireplace, probably dating to the original 1868 structure but now including a sandstone mantel and mirrored surround. This room also features shoulder-high redwood and possibly Douglas fir paneling and a coffered 1 See Photos 1-31.
2 See Photos 1-31.
3Much of this detail is derived from Siegel and Strain (2011).

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018
Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Section 7 page 7
ceiling. Elaborate joinery and cabinetry work surrounds a large window, again with a flattened pointed-arch design. Built-in shelves and cabinets line the east wall.

To the northeast of the living room and library, accessible from both, lies the dining room, again a room from the 1868 structure. Anchored by a massive brick and cut-stone fireplace in a Romanesque style, the room is again paneled in redwood and features a large bay or nook facing north with built-in benches and large rectangular windows on two sides, surmounted with
transoms with multiple leaded panes. The ceiling is coffered in wood.

The kitchen wing, while largely utilitarian, also appears to date from the 1868 structure, though it has been enlarged with several additions. It contains a pantry and “cooler”, as well as a large flattened-arch window. All furnishings in this room are modern.

The lower portion of the main stair consists of two separate mahogany balustraded runs within a paneled stair hall, meeting in a landing halfway to the second floor, from which a single run continues
upward. As in the remainder of the first floor, joinery work is elaborate and walls are paneled.

The second floor consists of five bedrooms, three in the main house and two in the servants’ wing (served by a separate staircase). Each bedroom in the main house has a fireplace and is fitted with a closet. Fenestration is simpler than on the first floor, consisting of double hung or casement windows, some with elaborately divided upper lights. Walls are plastered and woodwork is largely unpainted redwood. A porch wraps around the west elevation and parts of the south and north elevations. This porch forms the only direct communication between the servants’ bedrooms and those in the main house.

The main staircase continues to the third floor “study” room in the tower, with a fireplace on the north side and windows on all sides. The wood ceiling exposes ornamental roof beams. Views to the Berkeley Hills and San Francisco Bay are impressive.

Early
History (1858 – c. 1911)
In 1858, the Oakland-based College of California, requiring more space, resolved to acquire land in the future City of Berkeley. One hundred and sixty acres were purchased, part of which was intended for a campus (now part of
the University of California); the remainder, south of the campus, was to be subdivided and sold as home sites to generate income. Landscape architect Frederick Law Olmsted, then resident in California,
was approached in 1865 to create a
subdivision plan (possibly his first such subdivision effort)4, envisioned as large country lots suitable for the elegant residences of college professors “of means and taste.”5 In 1868, the map 4 Etzel, Fred. Samuel Hopkins Willey, Pioneer Berkeley Resident. Berkeley Historical Society Newsletter, Vol. 39, No. 4 (Fall 2021).
5Willey, Samuel Hopkins. A history of the College of California (San Francisco: Samuel Carson and Co., 1887), p.187. https://archive.org/details/historyofcollege00willrich/page/n5/mode/2up?.

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018
Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Section 7 page 8
forming the Berkeley Property Tract was filed with the County. The Italianate country villa, constructed by Perez Mann Batchelder, a successful early daguerrotypist6, was the third residence built in the subdivision, its design consistent with Olmsted’s rural vision. The Smyth house is the only house remaining on the tract from the early period, and appears to be the oldest surviving residential structure in Berkeley.

While there are few images of the original house7, photographs from before 1895 show a two- story Italianate residence with characteristic clapboard siding, low-pitched cross gable roof, two brick chimneys, and heavy bracketed cornices. The T-shaped house featured a wrap-around porch with turned balusters on three sides. The principal façade faced the south. A straight entrance lane approached the house from the southwest through fields and trees. None of these external features remain, although it is clear from later remodeling drawings that the older house forms the core of the present structure; the living room, study, and dining room, as well as the service wing, retain the configuration
of the original rooms.

The large Batchelder tract was subdivided in 1889. After several changes of ownership, the house and approximately eight
acres were rented in 1896, and eventually purchased in 1901, by William Henry Smyth, a British-born engineer, inventor, and somewhat eccentric philosopher of government, for “over $20,000” (a high price for the period). Smyth made minor improvements to the house while introducing extensive plantings and altering Batchelder’s straight entrance lane into
a winding, picturesque, tree-lined drive; he also purchased several adjacent lots. Smyth named the estate “Fernwald”, writing that “when we called the place Fernwald we thought it would be quite the thing to accentuate the ferns as the name seemed to suggest. Yet the name is divisible into fern (distant) and wald (forest) in the German language.” 8 In 1911, Smyth undertook a sophisticated and artistic transformation of the then unfashionable I
talianate-style house into an impressive Tudor Revival residence at the hands of a master California architect, Julia Morgan. Morgan’s remodeling was thoroughgoing. The 1911 building permit
9 listed 8-foot-by-16-foot “extensions” at the north and south elevations; the south extension was a new entrance hall, and the north a covered porch and alcove allowing improved circulation between the living room and dining room. Other modifications included a large, trellised loggia at the southeast corner, a formal roofed entryway, a second-floor porch at the western facade, and a square windowed tower forming a new third story or “belvedere”. Siding was replaced by stucco and half-timbered work. Windows were largely replaced by lancet- arched sashes and casements in a Tudor style, with elaborate fanlights. With windows on all sides
, the third-story tower or belvedere allowed views to the hills and the bay. On the interior, 6 Perez Mann Batchelder. http://historiccamera.com/cgi- bin/librarium2/pm.cgi?action=app_display&app=datasheet&app_id=3859& . Last visited 1/15/2024 7 See photos 29, 30, 31
8 Siegel and Strain Architects. Smyth-Fernwald Property, Historic Structures Report. (Oakland: Siegel and Strain, 2011), p. 31
9 Berkeley City Permit Application #1281, 29 May 1911. Berkeley Architectural Heritage Association; see Photograph 34

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018
Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Section 7 page 9
Morgan introduced redwood and oak paneling throughout the first floor, new fireplaces with elaborate surrounds, a grand stair hall, and arcaded passageways between the main rooms featuring semicircular arches resting on square wooden columns. These changes enlarged the house considerably and resulted in an impressive structure in a Tudor Revival style, bearing evidence of Bay Area Craftsman influence in such details as heavy roof overhangs and exposed beams.

History after the Julia Morgan Redesign (post-1911)
Smyth arranged the eventual donation of his house and land to the University of California in 1926, while retaining a life interest.10 In the 1930 U.S. Census, Smyth is still shown as owner of the house, there called “Fernwald” and valued (exclusive of the land) at the very high amount of $27,500.11 (Typical census values for houses on neighboring streets were $10,000-12,000 at the time.)12 Smyth continued to live in the house until his death in 1940, when full ownership passed to the University of California.

During the post-World War II boom in student attendance resulting from the G.I. bill, the University developed part of the Fernwald tract into housing for students. Large temporary housing structures, designed by the Ratcliff firm to house around five hundred students, were erected on the surrounding Fernwald property, and the Smyth House was also converted into housing for students.
13 These buildings were all removed by 2013, possibly due to the proximity of the active Hayward Fault.14 The Smyth House was left intact.

The house currently stands vacant; the Morgan additions, made over a century ago, are the last major structural changes made. The University has done little to maintain the house.

Considerable water damage has occurred in the servants’ quarters, stemming from a hole in the roof
above the two servants’ bedrooms. Some water damage has also been observed in the main staircase that descends through the center of the house. In recent years, the University has erected a chain-link fence around the structure and has secured the windows and exterior doors in hopes of deterring trespassers.
10Siegel and Strain Architects (2011), pg. 2; Thompson (2008). 11 https://www.archives.gov/research/census/1930
12Ibid.
13 Siegel and Strain (2011), p. 49.
14Ibid.

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8. Statement of Significance
Applicable National Register Criteria
(Mark "x" in one or more boxes for the criteria qualifying the property for National Register listing.)
A. Property is associated with events that have made a significant contribution to the broad patterns of our history.

B. Property is associated with the lives of persons significant in our past.

C. Property embodies the distinctive characteristics of a type, period, or method of construction or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components lack individual distinction.

D. Property has yielded, or is likely to yield, information important in prehistory or history.

Criteria Considerations
(Mark “x” in all the boxes that apply.)
A. Owned by a religious institution or used for religious purposes B. Removed from its original location
C. A birthplace or grave
D. A cemetery
E. A reconstructed building, object, or structure
F. A commemorative property
G. Less than 50 years old or achieving significance within the past 50 years Areas of Significance
(Enter categories from instructions.)
_____B. Politics and Government
x
x
x
x

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018
Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Sections 9-end page 11
_____C. Architecture_
___________________
___________________
___________________
___________________
___________________
Period of Significance
__1868-1911________
___________________
___________________
Significant Dates
__1911____________
__________________
Significant Person
(Complete only if Criterion B is marked above.)
_William Henry Smyth
_Julia Morgan_ ________________
__________________
Cultural Affiliation
___________________
___________________
___________________
Architect/Builder
__Julia Morgan_______
___________________
___________________
Statement of Significance Summary Paragraph (Provide a summary paragraph that includes level of significance, applicable criteria, justification for the period of significance, and any applicable criteria considerations.)
The Smyth-Fernwald house is significant under Criterion B for its association with William Henry Smyth and his contributions to American political history and theory, particularly his coining and popularization of the term “technocracy.” The house is significant under Criterion C for its associations with the work of a master architect. As remodeled in 1911 it is an excellent and unusually grand example of the residential work of Julia Morgan (1872-1957), expertly

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As remodeled by Julia Morgan in 1911, the Smyth House is an important example of a type and style of house associated with the [First] Bay Area Tradition, typically designed for clients affiliated with the university or the arts or professions in the Berkeley hills. In style, the design of the house is drawn from a variety of sources, united by the concerns of the Bay Area Tradition: siting for an openness to nature and views, reference to historic periods associated with good craftsmanship and respect for craftsmen, and exposed use of regional materials.
15 ______________________________________________________________________________ Narrative Statement of Significance (Provide at least one paragraph for each area of significance.)
Criterion B – William Henry Smyth
The Smyth-Fernwald house is significant under Criterion B as the residence of William Henry Smyth, an economic theoretician and philosopher who was among the first to describe the technocratic turn that government took during and after the First World War. He took note of the fact that the Federal government, previously largely laissez-faire in policy, had taken unprecedented control of United States industry, compelled by the exigencies of the war and the requirements for vast amounts of materiel. Smyth called this phenomenon “technocracy”; the new word later became an essential part of political discourse. His extensive writings on the subject were published by the University of California in the 1920s in three volumes titled Technocracy and are still in print.

A modern evaluation of Smyth’s thinking notes:

Smyth's basic claim in his founding technocratic manifesto is that the national direction and control of the economy during the recently concluded war [sc. World War I] had pioneered a new idea in the ancient art of government. Indeed, the management of the nation's productive forces under the ‘period of national stress’ during the war had amounted to a form of government with ‘no precedence in human experience’, due to ‘the fact that we rationally organized our National Industrial Management. We became, for the time being, a real Industrial Nation’. For this unique experiment in government, Smyth goes on to state, ‘I have coined the term Technocracy . . .’ (Smyth, 1921: 13).16
In the aftermath of World War I Smyth also promulgated various doctrines relating to the League of Nations. In Federation of Nations: An Alternative to the League of Nations”17 (1922) he proposed an alternative form of universal government. “Under the Federation idea. . .each 15 Siegel and Strain (2011), pp. 98-99.
16Esmark, Anders (2021), p. 122 ff.
17Smyth, William H., Federation of Nations: An Alternative to the League of Nations (Berkeley, Reprinted from the Gazette, 1922), p. 12.

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018

Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Sections 9-end page 13

component Nation shall furnish its proportionate quota of naval armament to the World Policy Navy. . .[which] would be far in excess in fighting strength of any national navy”, thus rendering any national aggression futile. Smyth asserted that such a Federation would be far more practical than any
“ ‘diplomacy’-concocted League of Nations.”
Smyth was also strongly interested in botany and plant cultivation. In a biographical document among the Smyth papers at the Bancroft Library of the University of California, he indicates that he was among the organizers of the California State Floral Society in the 1890’s. As a leader of that group, Smyth was instrumental in the selection of the California Poppy (Esc hscholtzia
californica) as the State Flower.18
The house is integral to Smyth’s lifelong contributions, as it served as his primary residence, where he conducted much of his work and writings. While he had an office in San Francisco beginning in 1878, it was destroyed in the 1906 earthquake. After that point, especially after the 1911 remodel, he conducted his work from Fernwald. Many of the later publications bearing Smyth’s name include the following short colophon:

William H. Smyth,
“Fernwald”,
Berkeley, California.

Criterion C –
Smyth-Fernwald House and Julia Morgan

The Smyth-Fernwald House is an important and early example of the work of Julia Morgan, who made major contributions to architecture during her lengthy career. It represents a thoroug
hgoing, inventive and professional remodeling of a house in what was considered an “outdated” style into a form consonant with the taste of the early 20th century in the Bay Area. In 1911, when she remodeled the house, Morgan’s name and reputation were only regionally known; it was only after many decades that she received the national accolades that her work deserved. In 1988 and
2021, historians Sara Holmes Boutelle and Victoria Kastner contributed greatly to understanding Morgan’s importance beyond her work in the 1920s and 1930s on the San Simeon Castle owned by William Randolph Hearst. In part, contemporary recognition of her work has been due to the 2014 posthumous Gold Medal awarded to her by the American Institute of Architects. The AIA established the Gold Medal, considered the highest award an architect can receive, in 1907. It had been awarded to only seven other well-respected California architects including Bernard Maybeck in 1951 and William Wurster in 1969. 19 Morgan was the first
woman architect to receive that honor.

Distinguished architect Michael Graves wrote in support of the award:

18Siegel and Strain (2011), p. 28.
19Hawthorne, Christopher. Architect Magazine (June 23, 2014). https://www.architectmagazine.com/awards/aia- awards/gold-medal-julia-morgan_o

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Julia Morgan had a large, well-run office, 46 years of practice, more commissions than we ever saw, the trust, love, and repeat work of her clients, and over 20 books written on her alone . . . . She deserved the Gold Medal in her lifetime.21 Although the belated praise given for Julia Morgan’s work came after her death, when she remodeled an Italianate villa into a mansion in 1911 for Mr. Smyth, her reputation was well- established. Between 1890 and 1894, Morgan attended University of California, Berkeley’s engineering department, as there was no architectural department at the time.22 Morgan’s engineering education may have later contributed to her 1904 “El Campanil” on the Mills College campus in Oakland, constructed entirely of steel-reinforced concrete, which survived the 1906 earthquake.23 (Photos 32, 33)
After graduating with a bachelor’s degree in civil engineering in 1894, Morgan met Bernard Maybeck and attended his design class at the Mark Hopkins Institute. She also assisted him in designing and remodeling several houses, both in Berkeley. 24 Morgan then applied for admission
to the École des Beaux Arts, where Maybeck had studied. She first applied to take the entrance exam in 1897, but it was not until her third attempt that she was admitted in 1898 when she placed 13th out of hundreds of applicants.25 She was not eligible for a diploma, because of the school’s age restriction precluding award of a diploma to students who did not complete the requirements by
age 30, but she instead received a certificat from the school in December 1901.26 By this time, she had studied architecture with Maybeck and then in Paris for a total of seven years in addition to the four years of engineering studies. Nine years later she would receive her commission from Smyth to remodel his house.

Between 1902 and 1904, Morgan returned to the Bay Area and worked with John Galen Howard, another notable Bay Area architect, after his firm took over the design of many University of California, Berkeley structures. Her major works included the Greek Theater and assisting with 20 Kastner, Victoria. Julia Morgan: An Intimate Biography of the Trailblazing Architect. (San Francisco: Chronicle Books, 2022); Boutelle, Sara Holmes. Julia Morgan, Architect (New York: Abbeville, 1988) 21Ibid. See also: https://www.theguardian.com/artanddesign/2018/oct/16/the-scandal-of-architecture-invisible- women-denise-scott-brown
22Ibid., pp. 35, 78-80
23Ibid., p. 92
24 http://exhibits.ced.berkeley.edu/exhibits/show/juliamorgan/early-life-and-the-ecole 25 U.C. Berkeley Exhibit on Julia Morgan, date unknown:
http://exhibits.ced.berkeley.edu/exhibits/show/juliamorgan/early-life-and-the-ecole 26 Kastner, op. cit., p. 69

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John’s Presbyterian Church (now Berkeley Playhouse’s Julia Morgan Theater).30 The Smyth house at present no longer represents the Italianate structure still present at its core, constructed in 1868 and believed to be among the very earliest surviving residences in the City of Berkeley. However, it is significant under Criterion C because the remodeling of 1911 represents an outstanding and large example of First Bay Region Arts and Crafts style with Tudor Revival features. The 1911 reworking of the structure was typical of the high-end work of Julia Morgan, the well-known Bay Area architect who was the first woman to practice architecture in the state, for a wealthy client. With its thoughtfully-chosen additions, improvements in interior circulation and finish, and third-story belvedere, the house represents a rare surviving example of a period house for a well-to-do client.

As remodeled by Julia Morgan in 1911, the Smyth House is an important example of a type and style of house associated with the Bay Area Tradition, typically designed for clients affiliated with the university or the arts or professions in the Berkeley hills. In style, the design of the house is drawn from a variety of sources united by the concerns of the Bay Area Tradition: siting for an openness to nature and views, reference to historic periods associated with good craftsmanship and respect for craftsmen, and exposed use of regional materials. The design incorporates half-timbered walls that recall the Tudor period in England but is freely executed in a manner that is not Tudor Revival. The design, materials, and workmanship reflect the principles of the Arts and Crafts movement generally and its local manifestation, the Bay Area Tradition. The siting adjacent to a wooded stream bed took advantage of the proximity to water and the cooling effect of the shade trees and cooler air drawn downhill along the creek. The arched windows of the basement, the second floor balconies on three sides, and the tower all open the house to the near landscape and the far views. The extensive redwood paneling of the interior makes expressive use of a local material. 31 The structure has undergone few changes since that period. In recent decades the house has sat vacant, however, and years of deferred maintenance have caused significant deterioration of the structural fabric. Despite being in varying states of disrepair, the character defining features clearly remain
. Thus, it retains integrity of materials, workmanship, and design from 1911. 27Id.,at p. 86
28Id., at p. 92
29Id., at pp. 94-95
30Id., at p. 97
31Siegel and Strain (2011), p.99

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By the time she retired in 1950, Morgan had designed more than 700 structures.

Many have been listed on the National Register, most notably Hearst Castle (#72000253), Julia Morgan House (#
82002230, formerly Goethe House), and Hearst Gymnasium for Women (#82004645).

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018
Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Sections 9-end page 17
________________________________________________________________________ ______ Major Bibliographical References Bibliography (Cite the books, articles, and other sources used in preparing this form.)
Berkeley Historical Plaque Project, 2012. Smyth House. https://berkeleyplaques.org/e- plaque/smyth-house/. Last visited 1/15/2024
Boutelle, Sara Holmes. Julia Morgan, Architect. New York: Abbeville, 1988 Esmark, Anders. The New Technocracy, Bristol: University Press, 2021 Etzel, Fred. Samuel Hopkins Willey, Pioneer Berkeley Resident. Berkeley Historical Society Newsletter, Vol. 39, No. 4, Fall 2021
Historic Camera. Perez Mann Batchelder. https://historiccamera.com/cgi- bin/librarium2/pm.cgi?action=app_display&app=datasheet&app_id=3859&. Last visited 1/15/2024
Kastner, Victoria. Julia Morgan, An Intimate Biography of the Trailblazing Architect. (San Francisco: Chronicle Books, 2021)
S
iegel and Strain Architects. Smyth-Fernwald Property, Historic Structures Report. (Oakland:

Siegel and Strain, 2011). https://newspack-berkeleyside-cityside.s3.amazonaws.com/wp- content/uploads/2021/02/smyth-fernwald-UC-Berkeley.pdf
Thompson, Daniella. The Inventor, His House, and the Neglected Bequest. Berkeley Daily Planet & Berkeley Architectural Heritage Association websites, 2008. https://berkeleyheritage.com/eastbay_then-now/smyth.html. Last visited 1/30/2024 United States Census, 1900, 1920, 1930.

Willey, Samuel Hopkins. A history of the College of California (San Francisco: Samuel Carson
and Co., 1887), p.187. https://archive.org/details/historyofcollege00willrich/page/n5/mode/2up?.

Last visited 2/8/2024
Zinkievich, Maxwell H., Long-Form Writing for Smyth House National Register Application, unpublished draft, 2022
___________________________________________________________________________ Previous documentation on file (NPS): ____ preliminary determination of individual listing (36 CFR 67) has been requested ____ previously listed in the National Register ____ previously determined eligible by the National Register ____ designated a National Historic Landmark ____ recorded by Historic American Buildings Survey #____________ ____ recorded by Historic American Engineering Record # __________ ____ recorded by Historic American Landscape Survey # ___________ Primary location of additional data: ____ State Historic Preservation Office ____ Other State agency ____ Federal agency ____ Local government ____ University ____ Other Name of repository: _____________________________________ Historic Resources Survey Number (if assigned): ________________

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Boundary Justification (Explain why the boundaries were selected.) The tract remains intact from the configuration present during the period of architectural integrity. Therefore, those boundaries were selected.
______________________________________________________________________________ Form Prepared By
John Bernstein, Shelby Kendrick, Leila Moncharsh, Maxwell Zinkievich Research Contributors: PGS Design Inc., Steven Finacom
Organization: _
Berkeley Architectural Heritage Association
2318 Durant Avenue
Berkeley, California 94704
Date: October
1, 2024
___________________________________________________________________________ Additional Documentation Submit the following items with the completed form:

Maps: A
USGS map or equivalent (7.5 or 15 minute series) indicating the property's location. (attached)
Sketch map for historic districts and properties having large acreage or numerous resources.

Key all photographs to this map.

Additional items: Check with the SHPO, TPO, or FPO for any additional items Sections 9-end page 18

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Dates of Photographs: 2023, 2020, 2011, 1879, before 1875 Description of Photograph and Number
1 Distant view from southeast, main façade (Photo credit: Bernstein) 2 View from southwest, entry porch, second floor deck, belvedere (Finacom) 3 Detail of entry porch, view from southwest (Zinkievich) 4 Loggia at southwest corner (Zinkievich)
5 View from northeast, servants’ wing (Zinkievich)
6 View from northwest, second floor deck, living room alcove windows (Zinkievich) 7 View from south, living room and front hall windows
8 Second floor deck, north façade
9 Second floor deck, south façade
10 Deteriorated roof, servants wing, east side
11 Roof and chimneys
12 Front hall, facing west
13 Living room alcove, facing west
14 Living room with fireplace, facing north
15 Typical gothic-style window, first floor living room, facing west 16 Detail of living room fireplace panel
17 Library, paneling, built in cabinets, fireplace, facing nor th 18 Library, coffered ceiling
19 Dining room, fireplace and paneling, facing south
20 Kitchen, facing northeast
21 Stair hall, living room on left
22 2 nd
floor stair hall, stair to belvedere
23 West bedroom
24 North bedroom
25 North bedroom
26 Water da mage in servants’ wing
27 Fireplace in third-floor belvedere
28 Beamed ceiling of belvedere
29 View of Smyth house, before 1875. Louis Stein collection, Berkeley Historical Society 30 Stereograph showing Batchelder house and “School for Deaf and Dumb” (Carleton Watkins, 1879)
31 Detail of Photograph 30 (Carleton Watkins)
32 El Campanil, Mills College (Will Callan/Hoodline)
33 El Campanil, Mills College (Will Callan/Hoodline)
34 Building Permit (1911) (Berkeley Architectural Heritage Association)

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018

Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Sections 9-end page 49

T
ract Map

John Bernstein

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018

Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Sections 9-end page 50

Vic
inity Map

John Bernstein

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018

Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Sections 9-end page 51

Ar
chitectural Drawings – Julia Morgan, 1911

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018

Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Sections 9-end page 52

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018

Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Sections 9-end page 53

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018

Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Sections 9-end page 54

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018

Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Sections 9-end page 55

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018

Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Sections 9-end page 56

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United States Department of the Interior
National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB Control No. 1024-0018

Smyth-Fernwald House Alameda County,
California
Name of Property County and State
Sections 9-end page 57

P
aperwork Reduction Act Statement: This information is being collected for nominations to the National Register of Historic Places to nominate properties for listing or determine eligibility for listing, to list properties, and to amend existing listings. Response to this request is required to obtain a benefit in accordance with the National Historic Preservation Act, as amended (16 U.S.C.460 et seq.). We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number.

Estimated Burden Statement: Public reporting burden for each response using this form is estimated to be between the Tier 1 and Tier 4 levels with the estimate of the time for each tier as follows: Tier 1 – 60-100 hours Tier 2 – 120 hours Tier 3 – 230 hours Tier 4 – 280 hours The above estimates include time for reviewing instructions, gathering and maintaining data, and preparing and transmitting nominations.

Send comments regarding these estimates or any other aspect of the requirement(s) to the Service Information Collection Clearance Officer, National Park Service, 1201 Oakridge Drive Fort Collins, CO 80525.

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Berkeley Police Department

2100 Martin Luther King Jr. Way, Berkeley, CA 94704 Tel: 510.981.5900 TDD: 510.981.5799 Fax: 510.981.5704 E-mail: [email protected] Website: http://www.CityofBerkeley.info/Police

INFORMATION CALENDAR
September 30, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Audit Recommendation Status - Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities

CURRENT SITUATION AND ITS EFFECTS
The City Auditor’s 2022 report Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities included twelve recommendations for Berkeley Police Department (BPD). As of the last update, ten of the twelve recommendations had been implemented. The two remaining recommendations, both related to staffing, have since been addressed through the comprehensive staffing assessment completed by Citygate Associates, LLC (Citygate).

The final Citygate report, delivered in September 2024, was shared with the Mayor, City Council, the Police Accountability Board (PAB), and the public via the Berkeley Police Transparency Hub. BPD has completed a thorough review of the 147-page report and has prioritized next steps to address the 74 key findings and 54 specific recommendations.

In consultation with the City Auditor’s Office, and based on the progress detailed below, this audit is being closed.

Audit Recommendation 1.2 - Fill vacancies deemed necessary and/or reallocate staff pending the reimagining process and a determination of appropriate staffing levels.

Three trained CSOs now handle low-risk calls, freeing sworn officers for higher- priority duties.

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INFORMATION CALENDAR
September 30, 2025
2 | P a g e
Audit Recommendation 2.3 - Document the results of staffing assessments along with the assessment criteria. Incorporate results into staffing projections for budgetary decision making, including establishing a sufficient and appropriate overtime budget.

Citygate’s findings are integrated into the current budget and guide future staffing projections. While Citygate recommended 73 patrol officers, BPD will start the next timesheet with 62 officers as recruitment continues. The CSO program, expanded from 21 to 27 positions in the FY26 budget, supplements patrol staffing and handles low-risk calls without reducing sworn officer numbers, allowing officers to focus on beat health, special projects, and other priorities.

Additional Key Initiatives
BPD will continue evaluating and implementing additional Citygate recommendations as resources and staffing levels permit. Key upcoming initiatives include:

Use of Force Reporting Policy Review
BPD has a comprehensive review and update of our Use of Force reporting policy well underway and hopes to launch new edits soon. This is a critical area highlighted by Citygate, which suggested aligning our reporting thresholds for certain lower-level force incidents with common practices in comparable agencies, while ensuring full compliance with state and federal law and maintaining robust accountability. We are committed to a transparent process and will provide the PAB with advance notice before the implementation date so that their input can be considered on version edits.

Enhanced Online Reporting System
An updated online reporting system is in development. This initiative aims to provide a more convenient and accessible option for the public to report specific non-injury crimes and incidents. This will allow patrol officers to focus more time on high-priority calls, proactive policing, and community engagement. We are actively exploring the feasibility of additional categories of reportable incidents that can be submitted online to further improve efficiency and public service.

Real-Time Crime Analyst
To further operationalize Citygate’s recommendations, BPD will soon be interviewing for a full-time Program Manager to lead the development and implementation of real-time analysis capabilities. This position will support both Patrol and Investigations by rapidly operationalizing data to provide actionable intelligence to officers in the field and detectives working active cases.

These initial steps, guided by the Citygate report, are aimed at optimizing resource allocation, enhancing community service, and improving operational efficiency. This foundational work is crucial as we continue to refine staffing levels and incorporate the Citygate assessment into future budgetary decision-making processes.

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INFORMATION CALENDAR
September 30, 2025
3 | P a g e

BACKGROUND
On March 3, 2022, the City Auditor’s Office issued its audit, Berkeley Police:

Improvements Needed to Manage Overtime and Security Work for Outside Entities1 , which contained 12 recommendations. This report serves as the final update on BPD’s implementation progress. With this submission = and concurrence from the City Auditor’s Office, the audit is now formally closed.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.

FISCAL IMPLICATIONS
The Citygate contract is authorized for up to $200,000.00. The actual contract expenditure has been $133,252.36.

CONTACT PERSON
Captain Kevin Schofield, Police Department, (510) 981-5815

ATTACHMENTS

1. Police Overtime Recommendation Table
1 City Auditor’s Office Overtime Audit (3/3/2022)
https://berkeleyca.gov/sites/default/files/2022-04/Berkeley%20Police%20- %20Improvements%20Needed%20to%20Manage%20Overtime%20and%20Security%20Work %20for%20Outside%20Entities.pdf

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Audit Title: Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities Finding Department Previous
status update
Current status update
Overtime is used to
maintain minimum
patrol staffing set by
BPD.

1.1 Collect and monitor data on
how often compensatory
time leads to additional
backfill overtime and
develop a plan to monitor
it.

Police Implemented Implemented:

BPD now has a formal process to
monitor how often compensatory
time leads to backfill overtime with
data from the electronic staffing
software. The Police Technology Unit
will create a biannual report on this
data to be reviewed by the Captain of
the Support Services Division and the
Office of the Chief.

Overtime is used to
maintain minimum
patrol staffing set by
BPD.

1.2 Fill vacancies deemed
necessary and/or reallocate
staff pending the
reimagining process and a
determination of
appropriate staffing levels.

Police Partly
Implemented
Implemented:

Citygate’s report included an analysis
of staffing levels in patrol and other
units across the department. In
response, BPD realigned the Bike
Team under the Community Services
Bureau and fully implemented the
Patrol CSO program. Three trained
CSOs now handle low‐risk calls,
freeing sworn officers for higher‐
priority duties.

Minimum staffing
levels in BPD’s Patrol
Unit could cause
unnecessary
overtime if not
regularly updated.

2.1 Establish a procedure to
regularly assess minimum
staffing and overall staffing
needs of the department.

This process should
document and incorporate
criteria to assess staffing
levels, such as calls for
service, other workload,
community input, and
other relevant factors. As
BPD prepares for the
rollout of a new software
system, BPD should
consider how to best align
the program’s capabilities
with this assessment
process.

Police Implemented Implemented:

BPD has created a written protocol to
assess minimum staffing and
department staffing needs biannually.

The protocol incorporates criteria
such as calls for service and shift
availability. The protocol also
considers allocation of police
resources geographically, i.e. beat
alignment.

Recommendation
Issue Date: March 3rd, 2022

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Minimum staffing
levels in BPD’s Patrol
Unit could cause
unnecessary
overtime if not
regularly updated.

2.2 Document and define the
Patrol Unit’s minimum
staffing levels in a publicly
assessible format.

Police Implemented Implemented:

This information has been placed on
the BPD webpage. The button
“current officer shift assignments”
links to a timesheet with officer
assignments. Information can be
viewed at
https://berkeleyca.gov/safety‐
health/police/community‐liaisons.

Minimum staffing
levels in BPD’s Patrol
Unit could cause
unnecessary
overtime if not
regularly updated.

2.3 Document the results of
staffing assessments along
with the assessment
criteria. Incorporate results
into staffing projections for
budgetary decision making,
including establishing a
sufficient and appropriate
overtime budget.

Police Partly
Implemented
Implemented:

Citygate’s findings are integrated into
the current budget and guide future
staffing projections. While Citygate
recommended 73 patrol officers, BPD
will start the next timesheet with 62
officers as recruitment continues. The
CSO program, expanded from 21 to
27 positions in the FY26 budget,
supplements patrol staffing and
handles low‐risk calls without
reducing sworn officer numbers,
allowing officers to focus on beat
health, special projects, and other
priorities.

Officers work
excessive overtime,
increasing health and
safety risks.

3.1 Update the department
overtime policy to address
the fact that there currently
is no limit to the number of
consecutive days worked
and determine the
appropriate limit for
overtime that is
enforceable with the goal
of avoiding officer fatigue.

The department may
examine other jurisdictions’
overtime limits as possible
criteria.

Police Implemented Implemented:

BPD policy 1015 has been updated to
include a limit on the number of
consecutive days worked. The policy
also includes limitations on hours
worked. This updated policy was
issued on 8/23/23.

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Officers work
excessive overtime,
increasing health and
safety risks.

3.2 Work to implement a
staffing software solution
that integrates overtime
management and
scheduling software.

Develop management
reports that provide timely,
accurate, and complete
information on overtime
usage. Develop a process
for filling overtime shifts on
a voluntary and mandatory
basis, including supervisor
approval. Build in warnings
for when an individual is
approaching overtime
limits and an approval
process for allowing
individuals to exceed limits
when deemed necessary
according to the policy.

Police Implemented Implemented:

The CareWare electronic staffing
software solution has recently been
implemented to monitor staffing,
overtime and time off, as well as shift
trades/swaps. This includes a warning
notice within the system that
someone could be working more than
the allowed number of hours. This
warning requires acknowledgement
by the user allowing the hours.

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BPD has no contracts
for overtime security
with outside entities.

4.1 Update A.R. 2.10 and other
department policies to
explicitly include guidance
around department
agreements for work for
outside entities, which is
paid for by reimbursements
to the City from the outside
entities. Internal
procedures should include
appropriate criteria to
identify and document the
benefit to the City gained
by work for outside entity
agreements, and to allocate
resources in a way that
does not negatively impact
City operations.

Additionally, BPD should
document their criteria for
when officers are not
available or eligible for
work for outside entities.

Police Implemented Implemented:

BPD has finalized Policy 1043 and will
begin using the newly created
contracts with outside entities.

BPD has no contracts
for overtime security
with outside entities.

4.2 In consultation with the
City Attorney, create
contracts with outside
entities in compliance with
City policies and applicable
laws.

Police Implemented Implemented:

Service agreements for work with
outside entities are being executed
and are available on the Police
Department's website:
https://berkeleyca.gov/sites/default/
files/documents/BPD%20Service%20
Agreement‐final.pdf

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BPD has no contracts
for overtime security
with outside entities.

4.3 Develop an application for
BPD’s services that is
publicly available and
accessible online to any
interested party. Set pay
uniformly according to rank
and hourly rate and include
a reasonable fee that
covers the expenses of
administering work for
outside entities including
workers compensation,
fuel, use of equipment, and
any other actual or
potentialcosts to the City.

Police Implemented Implemented:

The application and service
agreement have been added to the
BPD website on the Community
Liaisons page under 'Related
Documents'. BPD will be working with
their web management team to add
it to the main City of Berkeley
website in the 'Special Events'
section.
https://berkeleyca.gov/safety‐
health/police/community‐liaisons
A 10% fee was added on top of
employee fees to offset costs
associated with coordinating special
events, including planning and staff
time. 10% is a standard
administrative fee at the state level
and is standard administrative fee for
grant funding we receive. We want to
be consistent with department
administrative fees throughout BPD.

The police department will adjust the
administrative fee in the future as
needs dictate.

BPD has no contracts
for overtime security
with outside entities.

4.4 BPD should reconcile
invoices with the amounts
received for work with
outside entities at regular
intervals. BPD should also
implement procedures to
check invoices for errors
prior to billing outside
entities.

Police Implemented Implemented:

BPD's Admin & Fiscal Services Unit
developed a written procedure for
the 'Outside Entity Billing Process'.

This will ensure consistency and
accountability in billing and tracking.

BPD has no contracts
for overtime security
with outside entities.

4.5 Explore ways to clearly
account for different funds
to track revenues and
expenses.

Police Implemented Implemented:

BPD has formalized a written protocol
for an Outside Entity Billing Process.

This document reflects eleven
needed steps from billing through the
depositing of funds with the Finance
Department and clearly identifies a
method to track revenues and
expenses.

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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

Berkeley City CouncilSeptember 30, 2025

Berkeley City Council
September 30, 2025