Regular Meeting of the Waterfront Commission

November 18, 1998

Hs Lordship's Restaurant

Berkeley Marina



1.         CALL TO ORDER


Chair WASSON called the meeting to order at 7:05 PM and called the roll:


5COMMISSIONERS PRESENT:       FELIX, KAWCZYNSKA, SMITH, THOMAS, Chair                                                             WASSON, WINDHAM, Vice-Chair WOLGAST, &                                                 WOZNIAK.




STAFF PRESENT:                             Officer Corbett, Sgt. Craig, & Lt. Lopez of the Police Department; Pat Jeffrey, Jay Kelekian, & Cliff Marchetti.



Three persons spoke in favor of keeping the kite concession in Cesar Chavez Park:  Bruce Morrison, Jodene Fine, & Tom McAlister.  Seven persons spoke in favor of allowing hang gliding in Cesar Chavez Park: Barry Levine, David Gulick, Kristy Lallas, Nord Andresen, Jan Snydr-Michal, Brian Karlak, & David Klein. 


Patricia Jeffrey announced a public workshop on the Marina Plan set for 11/21/98 at the Yacht Club.




            a.         Approval of Agenda


Chair WASSON asked to move Information Items 5.a and 5.f to Action Items.  Commissioner SMITH asked to combine memo from City Manager on the budget process with item 5.e and to move Item 5.b to the first agenda item to hear a report from the Police Dept. representatives.


Commissioner SMITH moved to accept the agenda with those changes.  Commissioner KAWCZYNSKA seconded the motion and it was approved by a vote of 8-0-0, with one vacancy.


            b.         Approval of Minutes of October 14, 1998 meeting


Chair WASSON noted that the public comment made by Mr. Trapaga should refer to a "tree canker" instead of a "cancer".  Also revise the last sentence of the public comment so that the children can play on the play equipment.  Also clarify the discussion on the boat ramp parking lot to note that the State will not allow the lot to be used for generating income other than for parking and boat launch fees related to the launch ramp.  With these revisions, Commissioner KAWCZYNSKA moved approval of the minutes.  Commissioner THOMAS seconded the motion, which was approved with a vote of 8-0-0, with one vacancy.




            a.         Proposed Lease Terms with Hs Lordships


Cliff Marchetti noted that staff had concerns about providing additional years to the lease given the condition of the building.  Don Yost, with Norheim & Yost, made several suggestions on the proposal and recommended that the renovation work could be done without extending the lease.  After discussion, Commissioner SMITH made a motion to table the item until completion of the Marina planning process.  Commissioner FELIX seconded the motion and it was adopted with the following vote: 8-0-0, with one vacancy. 


            b.         Proposed License Agreement with Cal Sailing


Marceline Therrien stated that she agreed with the proposed terms, except the 90 day cancellation clause which she said was an impediment to making capital improvements.  She said that after the planning process is complete, it would be appropriate to discuss removing this clause.  After discussion, Commissioner SMITH made a motion recommending that Council approve the agreement.  Commissioner FELIX seconded the motion and it was unanimously approved by a vote of 8-0-0, with one vacancy.


            c.         Request for Proposals for Kite Operator                               


Cliff Marchetti summarized the intent of the RFP.  Tom McAlister, the owner of Highline Kites, gave a brief history of the kite concession.  After discussion, Commissioner SMITH moved to negotiate directly with Highline Kites and not to proceed with the RFP.  Commissioner FELIX seconded the motion and it was approved with the following vote:

8-0-0, with one vacancy.


            d.         Request for Proposals to Lease Property in Aquatic Park


Cliff Marchetti presented the staff report and said that the RFP would be changed to specify recreational uses.  After discussion, he said that he would add ranking criteria to the criteria;

emphasize Berkeley's hiring policies; give priority to boating uses; and expand the public advertising time to three months.


Commissioner WOLGAST moved to proceed with the RFP process.  Commissioner FELIX seconded the motion and it was approved with the following vote: 8-0-0, with one vacancy.  Staff will send the Commission a copy of the RFP when it is issued.


            e.         Approval of Bicycle Plan


Mr. Hank Resnik stated that the Council will not consider this item until January 12th.  The Chair tabled this item until its next meeting on December 9th.  Staff will send the draft plan to the Commission.


            f.          Proposal on Hang Gliding at Cesar Chavez Park


Cliff Marchetti introduced David Guilock who explained the proposal.  After discussion, Commissioner FELIX moved to recommend approval of the proposal on a temporary basis, starting in the Spring of 1999.  Commissioner WINDHAM seconded the motion and it was approved with the following vote: 8-0-1, with one vacancy.  Commissioner THOMAS abstained because he wanted the item referred to the Marina planning process. Cliff Marchetti said he would review this issue with the City Attorney's office.




            a.         Police Report on Marina


Cliff Marchetti introduced three police officers who gave a verbal report and noted that 1% of all crime in Berkeley occurs in the Marina.  Most of this 1% happens along Seawall Drive and University Avenue.  Officer Corbett suggested:  1) it would be helpful to create a parking area exclusively for R.V.'s; 2) install electronic card access; 3) increase enforcement of parking limits; and 4) limit access to Seawall Drive and Hs Lordship's Restaurant parking lot at night.  Sgt. Craig described the route and allocation of police officers to the Marina, in addition to the one officer assigned to the Marina.


            b.         Marina Attendants Report


Cliff Marchetti gave a verbal report.  The Chair said that the report is intended to provide information on what exactly the Marina attendants are doing.  After discussion, he said more information would be presented at the next meeting. 


            c.         Report on Marina Budget       


Jay Kelekian presented a written report which included last year's actual expenses and income.  Also discussed was a capital expenditures plan for the current year.    


Commissioner SMITH asked for a draft of next year's budget and to review of recommended capital expenses.  He said it is important to include the Commission's review as part of the City Manager's budget process.  Commissioner Smith also asked for a schedule of this budget process to be sure the Commission review and recommendations fit into that schedule. 


            d.         Waterfront Master Plan & Project Status Report


Ms. Jeffrey said that there would be a public workshop on preparing the Marina plan on Saturday, 11/23 at the Yacht Club.


            e.         Personal Water Craft Use Along the Berkeley Waterfront

                        (Commissioner Report)


Commissioner KAWCZYNSKA presented a written report on jet skis and asked that the item be put on the next agenda for action.  The Chair agreed.


            f.          Lease/Sale of 225 University Avenue


Don Yost explained that his firm has solicited interest from several restaurant owners.  But the cost of improvements is too expensive.  He suggested it may soon be time to re-evaluate the goal of using the building for a restaurant.


            g.         Report on F & G Docks         


Cliff Marchetti said that Marina staff is working closely with the contractor.  Completion of the work is scheduled for January, 1999.


            h.         Status of Marine Center Property


Staff reported that there is no current contract to purchase the property.


            i.          Relocation of Hornblower’s Kitchen


Staff reported that a letter was sent to Hornblower informing it to move within 30 days because the temporary permit for its trailer has expired.  Hornblower responded by meeting with staff and promised to send a proposal in to resolve this issue.


Commissioner SMITH left the meeting at 10:02 PM; Commissioner FELIX let at 10:04 PM; Commissioner WINDHAM left at 10:06 PM.


6.         OTHER REPORTS


            a.         Report on Past Commission Actions              


            b.         Occupancy Report on Berths








            a.         Items for Next Agenda

                        1) Dog Park in Cesar Chavez park


                        2) Aquatic Park Plan and Leases                    


                        3) Report from Public Works on Cesar Chavez Park


                        4) Bicycle Plan


                        5) Hornblower Restaurant


                        6) Personal Watercrafts


                        7) Marina Attendants


                        8) Handicap Accessible Restrooms


                        9) Audit of Lessees



8.         ADJOURNMENT


Commissioner KAWCZYNSKA made a motion to adjourn.  It was seconded by Commissioner THOMAS and approved by a vote of 5-0-3, with one vacancy.  The meeting adjourned at 10:50 PM.