The proposed project at 2211 Harold Way will demolish the highly popular Shattuck Cinemas and the wonderful Children’s Museum, Habitot.
The Shattuck Cinemas
Back in 2014, Mark Rhoades, the spokesperson for the Los Angeles based developer, assured everyone that the Shattuck Cinemas, operated by Landmark Theaters, wanted to leave when their lease expired in 2018 because they weren’t doing well and regardless, the movies were “outmoded.” When Rhoades encountered strong opposition, he back-pedaled and agreed to include movie theaters in the new high rise, but they would be much smaller than the existing ones. The current 10 theaters with 850 seats would be replaced by 6 theaters with 655 seats that would be stadium type seating, and not only would there be fewer theaters, higher rents would be charged.
In February 2015, the representation that Landmark wanted to leave simply turned out not to be true. Landmark’s President of Real Estate, Michael Fant, told the Committee to Save the Landmark Shattuck Cinemas that their Berkeley operation is so successful, and they are so happy, that a few years ago they negotiated an extension to their lease to the year 2023! This was followed up by an e-mail from Landmark’s CEO, Ted Mundorff, to the Committee stating that “We have no plans to leave the City of Berkeley in 2018 or earlier.”
But the charge that “people don’t go to the movies anymore,” “they’re over,” “passe” never entirely went away. It was repeated by people on the ZAB and Council Member Droste not so long ago. Mainstream movies are indeed losing customers, but independent films, including art films and documentaries are growing, and Landmark specializes in these kinds of films — the kind of films that make the Shattuck Cinemas a very special place that attracts long lines that signify a thriving business. The Shattuck Cinemas are a business with union workers. They are a Berkeley business that has been profitable every year, that did not lose business during the last recession, and one that grew 25% since 2008. BNC doesn’t know of any other business in the Downtown that can say the same thing.
The Shattuck Cinemas attract some 275,000 to 300,000 patrons per year that pay ticket prices that range from the reasonable price of $8.50 (for seniors) to $11.00, plus there is additional income from the concession stand. Theater customers spend over $3M annually just in the theater. Even the developer agrees with these figures. But that doesn’t include what the Shattuck Cinemas movie goers spend having a drink or a meal in Berkeley restaurants before or after the movie, or things they might buy as they pass other businesses and become aware of all our Downtown has to offer. That’s at least another $1- 2M annually to Downtown revenue, and an important contribution to its vitality. The Committee to Save the Shattuck Cinemas has identified by speaking directly to the patrons of the Cinemas that around 60% of them come from outside Berkeley. Many of these people would probably not even be in Downtown Berkeley at all if the Shattuck Cinemas weren’t there.
All of this is why the Shattuck Cinemas are an important part of the only truly successful part of the Downtown — our Arts and Theaters District. They actually should have been included as part of the Arts and Theater District Zoning Overlay that was approved in 2012, but they weren’t. That is an oversight that should be rectified.
BNC believes that given the theaters’ importance to Downtown economic vitality, it’s essential that the City require a legally enforceable commitment that ensures that the Shattuck Cinemas are retained and that their long term viability is assured. This should be in place before the City issues any of the required permits.
To date, there has been no work done by the City on these matters.
Art
Since 1999, the City of Berkeley has had a requirement that all public improvements and bond measures contribute 1.5% of total costs to public art. However, the City has not always lived up to this requirement by pleading hardship and not making the required contribution.
On March 13, 2015, Mayor Bates proposed that 1% for public art be required on all new residential buildings of 5 more dwelling units and on all industrial and commercial buildings in all areas outside of the Downtown. (The rationale being that Downtown buildings already were being subjected to high fees.)
The Civic Arts Commission discussed this proposal on April 22, 2015 and from the minutes of that meeting it appears that they wanted the 1% to apply to all new developments of multifamily residential buildings of 20 or more units, and commercial and industrial buildings of 25,000 square feet floor area or more in all neighborhoods of the City.
June 9, 2015: The Council unanimously approved requesting that the City Manager notify applicants for all new residential multi-family projects and all new commercial projects that the Council is considering an ordinance that would require developers to devote 1% of the construction costs to public art or to pay an in lieu fee to the City for public art purposes. This would be included as a condition of approval on all such projects and compliance with such an ordinance would be required, if it is adopted.
On that same date, the Council referred to the Planning Commission the March 13 language approved by the Council, “One Percent for Public Art on Private Projects,” as revised by the City Council, would apply to all new multifamily residential buildings of 5 or more units, commercial and industrial buildings with the exception of the C-DMU Downtown Mixed Use District projects subject to “Additional Community Benefits for Buildings Exceeding 75 Feet.”
Voting Yes: | Council Members Anderson, Droste, Maio, Moore, Wengraf and Mayor Bates |
Voting No: | Council Member Capitelli |
Abstaining: | Council Members Arreguin, Worthington |
No speakers were heard prior to this vote approving this item, although there were several people in the audience who wished to speak. Following the vote, there was a shouting match between Mayor Bates and Paul Matzner, a co-founder of the Save the Shattuck Cinemas Committee, regarding why speakers on the 1% for Art item weren’t being heard. What had happened was that the Mayor had called up an entirely different agenda item, and there was a long line of speakers waiting to speak on that item, when the Mayor suddenly decided it was time to vote on the 1% for Art item before hearing the citizens who had lined up to speak on the other item. The people who wanted to speak on the Art item were not aware of the sudden switch of items and were not in the speaker line. Nothing came of the protest. No comment from speakers regarding the 1% for art item was allowed.
Habitot
BNC can’t say enough good things about Habitot, the Downtown Children’s Museum. However, Habitot, which would be displaced by the development, has not asked the developers to stay. They have asked them for $250,000 of the estimated $1,200,000 they will need to relocate elsewhere in Berkeley.
As of this writing, BNC has not heard that the developer has agreed to this request.
Views
In April, Cal students began circulating an online petition on Change.org that says in part, “The campus view of the Golden Gate inspired the name ‘Berkeley’ and has been cherished by generations of students, visitors, and community members.” And, that “it is unthinkable that the year of the Campanile’s Centennial might be the last year that anyone can stand on the steps of the Campanile and Campanile Way and see an unobstructed view without tall new buildings in the way.”
They pointed out that 2211 Harold Way and other tall buildings would privatize the view of the Golden Gate and reduce it to a developer’s real estate asset to boost the rent thousands of dollars or raise the price of condos to $1M or more for higher-floor, west facing units. The petition adds, “Substantial development can occur in Downtown Berkeley without obstructing and privatizing this irreplaceable public view.”
The petition is addressed to Chancellor Dirks, Mayor Bates and Members of the City Council. Dan Mogulof, spokesperson from UC Berkeley’s Communications and Public Affairs Office, told the press that the matter is “completely beyond the University’s jurisdiction.” Neither Mayor Bates nor Members of the City Council have responded.
The effort to designate the view from Campanile Way a City landmark was voted down by the Landmarks Preservation Commission. That decision has been appealed and will be heard by the City Council on July 9, 2015.
The number of signatories on the petition has swelled to almost 4,000.
When is Green Really Green?
2211 Harold Way is a LEED Gold Building, the lowest rung of green building standards, and the developers’ preliminary LEED targets indicates that the building will barely meet even that low standard. (62 points are given to the building when the LEED Gold range is 60-79.)
In terms of energy usage, the building will do little more than meet the State’s current standards for residential construction when it appears that State plans will call for a net zero energy standard for residential construction in 2020.
If construction were to begin next year, the project would probably be finished in 2019, not long before these new standards are supposed to take effect. With respect to energy, the building would be obsolete from the moment it’s built. We need to ask the vital question regarding whether we want the largest new development in Berkeley to meet standards that will soon be out of date rather than one that will help us meet our Climate Action Goals.