ACTION MINUTES

Regular Meeting of the Waterfront Commission

April 8, 1998

Hs Lordships Restaurant

199 Seawall Drive

1. CALL TO ORDER

Chair WASSON called the meeting to order at 7:10 PM. Secretary Marchetti called the roll:

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

COMMISSIONERS TARDY: FELIX AND SMITH

COMMISSIONERS ABSENT: WOZNIAK

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

2. PUBLIC COMMENT

About thirty people made comments on the issue of providing free berths for the Sea Scouts. Three persons (Paul Kamen, Brandon Gates, and Virginia Nido) spoke in favor of the Cal Sailing Club and the services it provides at the Berkeley Marina. The other persons who spoke were divided among: 1) those who were in favor of continuing the free berths while being opposed to the Boy Scouts' policy concerning gays and atheists; and 2) those who wanted to cancel the free berths for the Sea Scouts because of its affiliation with the Boy Scouts and its discriminatory policy. All speakers voiced opposition to the Boy Scouts national policy which denies gay people and atheists membership into its organization.

The speakers were: Steven Cozza; Scott Cozza; Cameron Woo; Ronald brill; Tuck Cappa-Lambert; Nate Browman; Antoinette Robinson; Jon Rantchman; Teri Gerritz; Kyle Thornton; Jaime Sheridan; Samuel Robinson; Beryl Voss; Bob Boss; Pamela Frogge; Michael Sherman; Doug Haight; John Sargent; Cara Morgan; Mark Liolios; Joseph Bionkman; Councilmember Diane Woolley; Jerry Figone; Bob Helliesen; and Patricia Francis-Lyon, spokesperson for the three Sea Scout vessels: the Northland, the Farallon, and the St. Ambrose.

Commissioner Felix arrived at 7:15 PM during the 2nd speaker's comments.

Commissioner Smith arrived at 8:10 PM during the 23rd speaker's comments.

At the conclusion of the public comments, the Chair noted that the public could also participate in the Commission's discussion of the Sea Scouts berthing issue, provided the audience is first recognized by the Chair.

3. CONSENT CALENDAR

a. Approval of the Agenda

Commissioner FELIX made a motion to approve the agenda. Commissioner KAWCZYNSKA seconded the motion, subject to the following change:

1) Move items 5. c. re: the Hornblower Kitchen and 5. e. re: the I-80 Overpass from Information Reports to Action Reports.

The motion was then approved by a vote of: 8-0-0-1, with Commissioner WOZNIAK absent.

4. ACTION REPORTS

a. Non-Profit Berth Applications

1) Sea Scouts - Northland and Farallon Vessels

After discussion among the Commission members and the public, Commissioner WOLGAST made a motion to allow the Sea Scouts to keep its existing free berths at the Marina for a one year period. The motion died for lack of a second.

Commissioner KAWCZYNSKA then made a motion, which was seconded by Commissioner THOMAS, to recommend that the City Council not provide free berths to the Sea Scout vessels as long as the Sea Scouts are affiliated with the Boy Scouts of America. The motion failed for lack of a majority on the following vote:

AYES = 4: Commissioners FELIX, KAWCZYNSKA, THOMAS, & WASSON.

AGAINST = 4: Commissioners JONES, SMITH, WINDHAM, & WOLGAST.

ABSENT = 1: Commissioner WOZNIAK.

Commissioner SMITH then made a motion, seconded by Commissioner WINDHAM, that the Waterfront Commission recommends that the City Council approve applications for free berths at the Berkeley Marina for one year for all Sea Scout vessels which meet the City's application criteria, provided that the Sea Scout letter dated April 8, 1998 is distributed to all Boy Scout members and persons associated with the Berkeley Sea Scout Program and further provided that the Sea Scouts initiate a dialogue with the Mt. Diablo Boy Scout Council on changing the Boy Scouts discriminatory policy. The motion passed on the following vote:

AYES = 5: Commissioners FELIX, JONES, SMITH, WINDHAM, & WOLGAST.

AGAINST = 3: Commissioners KAWCZYNSKA, THOMAS, & WASSON.

ABSENT = 1: Commissioner WOZNIAK.

Commissioner KAWCZYNSKA temporarily left the meeting at this time.

Chair Wasson noted that the application for the Farallon vessel was not complete. Commissioner WOLGAST made a motion to accept the application with the understanding that staff will work with the Sea Scouts to complete its application. The motion passed on the following vote:

AYES = 5: Commissioners FELIX, JONES, SMITH, WINDHAM, & WOLGAST.

AGAINST = 0: None.

ABSTAIN = 2: Commissioners THOMAS & WASSON. ABSENT = 2: Commissioners KAWCZYNSKA & WOZNIAK.

The Chair announced a 5 minute recess at 9:45 PM. Commissioner FELIX left at the recess. At the end of the recess, the Chair moved to the next item on the agenda. Commissioner KAWCZYNSKA returned to the meeting at this time.

2) Nautilus Institute Application for the Pegasus Vessel

Peter Hayes with the Nautilus Institute explained the sailing program provided on its vessel, the Pegasus. After discussion, Commissioner SMITH made a motion, seconded by Commissioner THOMAS, to recommend that City Council approve the application by the Nautilus Institute for a free berth for the Pegagus vessel. The motion passed on the following vote:

AYES = 5: Commissioners JONES, SMITH, THOMAS, WINDHAM, & WOLGAST.

AGAINST = 0: None.

ABSTAIN = 2: Commissioners KAWCZYNSKA & WASSON. ABSENT = 2: Commissioners FELIX & WOZNIAK.

Commissioner SMITH left the meeting at 10:30 PM.

b. License Agreement with Eat & Run Catering

Staff briefly summarized the major terms of the proposed agreement and explained that the purpose is to provide a portable food stand at the foot of the berkeley Pier as a convenience to people using the Pier and that part of the Marina. After discussion, Commissioner WOLGAST made a motion, seconded by Commissioner THOMAS, to recommend that City Council approve the proposed license agreement on the terms described in the staff report. The motion was unanimously approved by a vote of: 6-0-0-3, with Commissioners FELIX, SMITH AND WOZNIAK absent.

c. Marina Budget and Project Status Report

The Chair continued this item to the next regular Commission meeting. No action was taken.

5. INFORMATION REPORTS

a. Annual Report from Cal Sailing Club

Rebecca Hausmann, Commodore of the Cal Sailing Club, presented information on the Club's activities. Marceline Therrien, Club Treasurer presented its annual Financial Statement and said the Club could not afford the terms of the agreement proposed by staff. She said she would make a counter-proposal and present it at the next Commission meeting.

The Commission expressed its support and thanks for community services provided by the staff and the Club.

b. Highline Kites License Agreement

The Chair continued this item to the next regular Commission meeting.

Commissioner THOMAS left the meeting at 11:00 PM.

The Chair asked for a motion to extend the meeting past 11:00 PM.

Commissioner KAWCZYNSKA made such a motion. Commissioner WOLGAST seconded it and the motion was unanimously approved by a vote of: 5-0-0-4, with Commissioners FELIX, SMITH, THOMAS AND WOZNIAK absent.

c. Hornblower's Temporary Kitchen

Craig McCabe with the Hornblower Yacht Company presented a plan for a new temporary kitchen. Commission members asked, since the Hornblower is berthed at a privately owned dock and exempt form the City's berthing fees, if the Hornblower would volunteer to pay to the City a fee of $1 per passenger to compensate the City for its expenses in maintaining public facilities in the Marina. Mr. McCabe did not agree to this suggestion. After further discussion, Commissioner KAWCZYNSKA made a motion to inform the City Council that the City's Zoning Officer had in December of 1995 revoked the permit which allowed the Hornblower Yacht Company to operate a temporary kitchen in the Berkeley Marine Center. The motion died for lack of a second.

d. Marina Master Plan

The Chair continued this item to the next regular Commission meeting.

e. I-80 Pedestrian Overpass

Cliff Marchetti introduced Mark Liolios who summarized the staff report and after discussion, Commissioner KAWCZYNSKA made a motion, seconded by Commissioner JONES, to recommend that City Council adopt the Planning Department's Report "Planning & Design Considerations for the Berkeley I-80 Bicycle/Pedestrian Bridge dated 12/97" as the official guidelines for the project. The motion was unanimously approved by a vote of: 6-0-0-3, with Commissioners FELIX, SMITH AND WOZNIAK absent.

f. Dry Storage in A-E Dock Parking Lot

The Chair continued this item to the next regular Commission meeting.

g. 225 University Ave. Report

The Chair continued this item to the next regular Commission meeting.

h. Letter from Columbus School Neighborhood Association

The Chair continued this item to the next regular Commission meeting.

i. Report from Disability Commission on Proposed Off-leash Dog Area

The Chair continued this item to the next regular Commission meeting.

k. Report on Past Commission Actions

The Chair continued this item to the next regular Commission meeting.

6. OTHER REPORTS

a. Occupancy Report

The report was received without comment.

7. Comments from the Chair

None.

8. ADJOURNMENT

Commissioner JONES made a motion to adjourn which was seconded by Commissioner KAWCZYNSKA and adopted at 11:20 PM by unanimous vote: 5-0-0-4, with Commissioners FELIX, SMITH AND WOZNIAK absent.

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