Regular Meeting of the Waterfront Commission

January 14, 1998

Hs Lordships Restaurant

199 Seawall Drive 



1.         CALL TO ORDER


Chair THOMAS called the meeting to order at 7:00 PM.  Secretary Cliff Marchetti called the roll:


COMMISSIONERS PRESENT:         KAWCZYNSKA, SMITH, Chair THOMAS, Vice-Chair                                                             WASSON, WINDHAM, WOLGAST, & WOZNIAK.






STAFF PRESENT:                             Lisa Caronna, Buckley Lai, Cliff Marchetti, Ed Murphy, and Patricia Jeffrey.




Fred Conrad with the Rowing Club spoke in favor of a proposed lease between the City and the Rowing Club.  He stated that it was beneficial for the community and the City to have multi-uses in Aquatic Park.    




            a. Approval of Minutes


Commissioner Felix arrived at 7.10 PM.


Chair THOMAS asked for a motion to approve the minutes of the last meeting.  Commissioner SMITH noted that the minutes need to include the name of Vice Chair WASSON as being recorded in the affirmative vote on Item 4. c. on page 3 re: the solar calendar issue.  Vice Chair WASSON then asked that Item 4. a. be revised to remove any definte percentage number and instead should read "a percentage of Hornblower's gross receipts".  Subject to these corrections, Commissioner SMITH moved a motion to approve the minutes for the December 10, 1997 meeting.  The motion was seconded by Commissioner FELIX and approved by a vote of: 8-0-0-1, with Commissioner JONES absent.


            b. Approval of the Agenda


Commissioner KAWCZYNSKA made a motion to approve the agenda.  Vice Chair WASSON seconded the motion, subject to the following changes requested by staff and several Commission members:


            1) Move items 5.e, 5.k, & 5.l to the top of the Information Reports. 


            2) Move item 4.b from Action Report to an Information Report.


            3) Move item 5.b from an Information Report to an Action Report.


            4) Add a report on the Marriott Hotel sign and Aquatic Park trees to the agenda.


            5) Move item 4.c to later in the meeting.


The motion was then approved by unanimous vote: 8-0-0-1, with Commissioner JONES absent.




Commissioner JONES arrived at 7:18 PM.


            a.         New Front Door at Hs Lordships


Curtis Lofgren, the General Manager at Hs Lordships, explained the need and design for a new front door and handed a plan to the Commission for its review.  After discussion, Commissioner SMITH moved, and Commissioner JONES seconded, a motion to approve the design as submitted.  The motion was approved by unanimous vote: 9-0-0.


            b.         Launch Ramp Parking Lot Project


Cliff Marchetti said that the consultants were putting together cost estimates on a proposed plan and would present them at the next meeting.




            e.         Proposed Lease Terms with Rowing and Waterski Clubs


Ed Murphy distributed a report which summarized the major terms of proposed leases with the two clubs.  After discussion by the Commission, Commissioner SMITH made a motion recommending to the Council approval of the lease terms, provided that the Waterski Club's annual permit for using the Lake is subject to the prior review of the Waterfront Commission Commission's approval and subject to the Council's policy on leases with non-profit organizations.  Commissioner FELIX seconded the motion which was then approved by the following vote: 7-1-1 with FELIX, JONES, KAWCZYNSKA, SMITH, WINDHAM, WOLGAST, & WOZNIAK in favor; WASSON opposed; and THOMAS abstained.  The Commission asked to see the final lease document before it went to the Council.




            l.          Marina Master Plan


Lisa Caronna introduced Patricia Jeffrey, who has been hired for one year as new staff member responsible for preparing a Master Plan for the Marina.  Ms. Jeffrey then distributed a brief summary of the key planning elements and a preliminary schedule.  She recommended that the Commission set up a sub-committee to review the scope of the work and a project budget.  After discussion, the Chair appointed Commissioners JONES, SMITH, KAWCZYNSKA, and WASSON to be the members of this 1st sub-committee.  Chair THOMAS also called for a special meeting of the Commission at 6:30 PM on January 21, 1998 for the purpose of discussing the scope of work and the budget for the Master Plan. 


            k.         Marina Ten Year Budget & Project Status Report


Buckley Lai explained the revisions in the latest version of the Budget, which was included in the agenda packet.  Commissioner SMITH asked that staff provide the back-up detailed budget sheets at the next meeting.  He also questioned why there was a negative amount shown under the "interest" line item.  After further discussion, the Commission thanked staff for this important information.


            a.         Salt Water Pump Station


Cliff Marchetti stated that the City Fire Dept. is proposing a salt water pump station to be located in the Marina which would provide salt water to a new fire line running up University Avenue.  It is proposed to be located under a new restroom at F & G Docks.  An EIR is now available for public comment until February 4th and he said a copy was available in the Marina office for review.  Staff reported that a public hearing would be held at the West Berkeley Senior Center on January 28th. 


            b.         Lease with Berkeley Yacht Club


Ed Murphy referred to a report included in the agenda packet which described the terms of an agreement with the Yacht Club concerning past rent not collected by the City.  The Commission asked for the Yacht Club to make a presentation to the Commission on its activities.  After discussion, Commissioner SMITH moved to approve the report and to recommend that re-use of the building at the end of the current lease should be included in the Master Plan.  Commissioner JONES seconded the motion and it was unanimously approved: 9-0-0.


            c.         Hornblower Kitchen


Ed Murphy stated that he and JoAnne Pavlinec had met with Hornblower's architect and representative to discuss the plans.  Hornblower will work with the Commission and City staff on the design issues required to obtain a design review permit and a use permit, if such a permit is required.  He stated that Hornblower wished to hold off for the time being on asking the City if a use permit for the kitchen was needed.


Ed Murphy further stated that the architect is preparing larger scale plans and would have them ready for the next Commission meeting.  The Commission asked again for a legal opinion on whether the proposed kitchen would trigger any provisions in the City's lease with the Radisson Hotel so that the City could receive any income direct from Hornblower.  Mr. Marchetti said that he would ask for such an opinion.


In reference to the new Radisson sign, staff reported that the City's design review staff is working with the hotel on appropriate changes, such as repainting the posts and the sign's white border the same color brown used throughout the Marina.  Staff will present a report at the next meeting.  The Commission wanted to know if a sign permit was needed and if so, would the hotel would be fined for not getting one. 


In reference to the remodel work, staff reported that both pools would remain and that the work did not trigger re-negotiation of the lease.  The Commission asked if there was a legal opinion on this issue.  Cliff Marchetti said he would request it and would ensure that there no was no violation of the lease agreement.


            d.         Aquatic Park Master Plan


Cliff Marchetti reported that the absence of staff support in the Planning Dept. has impeded progress on completing the plan.  The City is in the process of hiring a planner who would be assigned to work on this project.  In the meantime, it was agreed that work on the plan will be suspended until a planner is available.


            e.         Aquatic Park Sound Wall & Pedestrian Bridge


Cliff Marchetti stated that both projects are proceeding on schedule in coordination with the Cal Trans' design of the frontage road and widening of I-80.


            f.          Aquatic Park Restrooms


Cliff Marchetti reported that drawings are underway and that construction should be coordinated with the tot lot, which is scheduled for March of 1999.  After discussion, it was agreed to proceed with the restrooms separate from the tot lot.  Staff had concern that the tot lot project not hinder new walkway areas.


            h.         Aquatic Park Tidal Tubes


Cliff Marchetti stated that Cal Trans had just cleaned all seven of the tidal tubes: five to the main lagoon and two (one each to the model yacht basin and the KBLX site) smaller ponds on the north end of the main lagoon.  Staff will be meeting with Cal Trans to set up an on-going maintenance program to keep all tubes clean.




            i.          Aquatic Park - Use of Bolivar Drive


Cliff Marchetti said that he had met with American Soil Company about its use of, and damage to, Bolivar Drive.  The use permit does not allow the company access to or use of Bolivar Drive.  He said he would be evaluate options to correct this situation.  The Commission asked for a report on this and also how the City planned to pay for improvements to this public right-of-way. 


            j.          Aquatic Park - License and Fee Policy


There was no report on this issue.


            m.        Non-Profit Berth Policy


The Commission asked for a report from the non-profits.  Cliff Marchetti said that he would mail the required forms to the non-profits and would present a report at the February meeting.

            n.         Live-Aboard Policy


Vice Chair WASSON reported that there was a meeting with her, the Harbormaster, and some house boat owners.  Progress is being made and the group decided to delay on additional meetings until the Council approves the new fee schedule.  Staff reported that Council must hold a public hearing on the fee rates and then take action.


            o.         Report on Past Commission Actions


The report was received without comment. 


            p.         Compliance with the Brown Act


The report was received without comment. 


4.         c.         Election of Officers


Chair THOMAS asked for nominations for Vice Chair.  Commissioner KAWCZYNSKA nominated Commissioner WOLGAST.  Commissioner WASSON seconded the nomination.  There were no other nominations and the nomination was approved unanimously: 9-0-0.


Chair THOMAS then asked for nominations for Chair.  Commissioner SMITH nominated Commissioner WASSON. Commissioner WINDHAM seconded the nomination.  There were no other nominations and the nomination was approved unanimously: 9-0-0.


Commissioner SMITH made a motion to thank both Chair THOMAS and Vice Chair WASSON for their fine work and leadership over the past year.  It was seconded by Commissioner KAWCZYNSKA and unanimously approved: 9-0-0.


6.         OTHER REPORTS


            a.         Occupancy Report


The report was received without comment.


7.         Comments from the Chair


The Chair recognized Commissioner KAWCZYNSKA who asked Lisa Caronna for a report next month on a policy for donated benches and other gifts that may be donated to the City for the Marina.  Ms. Caronna said she would present a report at the next meeting.


The Commission asked for the following reports at the next meeting on the following projects:


            a. Non-profit applications for berths.


            b. The issue of off-leash dogs in Cesar Chavez park and setting a joint public hearing             with the Park and Recreation Commission.


            c. Remodel of the Radisson Hotel and the status of the pools.


            d. Trees at Aquatic Park and the related legal opinion.


8.         ADJOURNMENT


The Chair asked for a motion to adjourn the meeting.  Commissioner SMITH made a motion to adjourn which was seconded by Commissioner JONES.  The motion was adopted at 10:05 PM by unanimous vote: 9-0-0.