ACTION MINUTES
Regular Meeting of the
Waterfront Commission
March 8, 2000
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
STAFF PRESENT: Smith, Marchetti, Ricards
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.
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.
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 to “licensed 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.