Regular Meeting of the Waterfront Commission

March 8, 2000

Hs Lordship’s Restaurant

Berkeley Marina




Chair Kawczynska called the meeting to order at 7:00 p.m.


1.  Roll Call


COMMISSIONERS PRESENT:            Burton, Cobb, Collignon, Kamen, Kawczynska, Minasian, Wolgast


COMMISSIONERS ABSENT:            Windham, Ang


STAFF PRESENT:                                         Smith, Marchetti, Ricards


2.  Approval of Agenda and Minutes


The Waterfront Commission Library item was moved from discussion to action.  The Marina Ordinance/Bait Shop item was moved from action to discussion.  The Place Names on the Berkeley Waterfront item was dropped.  With these changes the agenda was approved unanimously.  The minutes were approved unanimously without changes.


3.  Parks and Water Bonds


Commissioner Cobb said that the recent passage of the Water and Parks bonds presented funding opportunities for the Marina.  She asked staff to prioritize projects for possible funding.


4.  Marina Ordinance/Bait Shop


Cliff Marchetti updated the Commission on a meeting between the charter boat owners and the Bait Shop operator which he attended with Commissioner Kamen.  He said he had organized the meeting in an attempt to reach agreement between the Bait Shop and boat owners on the role of the Bait Shop in booking passengers and renting equipment.  He said that the City Attorney had approved elimination of the requirement that charter fishing boats rent equipment from the Bait Shop, and that staff’s proposed revision to the Ordinance would permit the Bait Shop to reach a separate agreement with each charter fishing vessel.  The Boat operators would then present this agreement to the Marina when applying for a charter boat permit.


Commissioner Kamen said that he was concerned that the Bait Shop’s exclusive booking authority combined with the consensus among current charter boat operators against admitting new charter vessels would be disadvantageous to customers.  He said the public is not well served by a restricted supply of boats and that although the current operator is fair and honest, the ordinance should be revised so that the operation of the Bait Shop does not rely on the integrity of any one operator.  He said that an “opt out” provision should be included in the revision so that boat owners currently working through the Bait Shop could choose to operate independently.  He said the Bait Shop should be made viable not by giving it exclusive booking privileges but by creating an incentive for all charter operators to use it by requiring those who want to operate independently to fulfill Bait Shop functions such as selling fishing licenses and keeping detailed logs.


Cliff Marchetti said that he thought the City’s agreement with the Bait Shop operators gave them exclusive booking privileges and that he would confirm this with the City Attorney.


Commissioner Kamen said that his reading of the current ordinance led him to believe that the Bait Shop does not have exclusive equipment rental rights for boats it does not serve.


Mr. Deaver, the Bait Shop’s operator, said that all of the Marina’s charter boats benefited from his advertising, and that it would not be fair to him if he invested in promotions for boats that later went independent.


Mr. James Smith, a charter boat operator, spoke in opposition to the ordinance revision.  He said that he had signed an agreement with the City allowing him to operate independently.


5.  Aquatic Park Playground


Brad Ricards made a presentation on plans for a grant and City funded playground at Aquatic Park.  He said that the City was working in conjunction with the nonprofit group Partners for Parks to fill a demand for recreational activity areas for children.  He said that construction would begin on May 31, 2000 with volunteer labor.


Commissioner Kawczynska asked that signs be posted informing park users of the nature and length of the construction.


6.     Marina Ordinance


Section 6.20.020

Motion (Minasian/Burton): adopt staff’s proposed revision to Section 6.20.020 of the Marina Ordinance, but use “licensed marine surveyor” instead of  “professional marine surveyor” and establish the sea trial as a trip 3,000 feet west of the Marina and back. Unanimous with two vacancies


Section 6.20.180

Motion (Cobb/Kamen) adopt staff’s proposed revision to Section 6.20.180 of the Marina Ordinance with the following changes: operation of jet skis is banned within 1,500 feet from the Berkeley shoreline and the Berkeley fishing pier, and set the speed limit in the access corridor at 15 miles per hour.  Unanimous with two vacancies.


Section 6.20.320

Motion (Minasian/Burton) adopt staff’s proposed revision to Section 6.20.320 of the Marina Ordinance (appeals procedure) with reference tolicensed marine surveyor” changed to “professional marine surveyor.” and “seaworthy” defined as seaworthy for navigation on San Francisco Bay.  Unanimous with two vacancies.


7.  Aquatic Park (Tree cutting along train tracks and Habitat Restoration Grant)


Cliff Marchetti reported on his meetings with railroad officials to inform them that their recent tree cutting method along the tracks in Aquatic Park was unacceptable.  He also described progress on a grant funded project for habitat restoration at Aquatic Park.  He said it would involve the removal of ice plants and other non-native vegetation.  He reported that the access gate for the west side of Aquatic Park had been moved forward.  Commissioner Kawczynska asked that signage be improved to inform park visitors of the reason for moving the gate and the planned habitat restoration project.


8.  Waterfront Commission Library


Motion (Kamen/Burton) Spend approximately $300 from the Marina Fund to establish a library in the Marina offices of books and other material related to waterfront development, open space and park planning as a resource available to all City Commissioners.  Unanimous with two vacancies.


9.  Future Agenda Items


Commissioner Minasian asked that increasing the fine for littering along the Waterfront be placed on the April Agenda.  Commissioner Cobb asked that grant applications be placed on the April agenda.


10.  Adjournment


The meeting was adjourned at 9:45.