REGULAR MEETING OF THE WATERFRONT COMMISSION MINUTES (As Amended by the Waterfront Commission 09/10/08) March 12, 2008 MARINA OFFICE CONFERENCE ROOM

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1 REGULAR MEETING OF THE WATERFRONT COMMISSION MINUTES (As Amended by the Waterfront Commission 09/10/08) March 12, 2008 MARINA OFFICE CONFERENCE ROOM 1. CALL TO ORDER The Chair called the meeting to order at 7:02 p.m. and the Secretary called the roll. Present: James McGrath, Paul Kamen, George Beier, Sean Barry, Brad Smith, Brian Leary Phil Catalfo, Thomas Crowder. Absent: Kate Harrison Staff Present: Ann Hardinger, Ethel Leonares 2. PUBLIC COMMENT (8 Public Attendees) James McVaney spoke regarding possible privatization of development functions of Berkeley Waterfront Commission because of how slowly and expensively previous projects have been completed. Richard Collette- Pegasus Project (defer to Agenda item) Robert Schmieder of Cordell Explorer spoke regarding rescinding of non-profit status. 3. UPDATES FROM SUBCOMMITTEES Finance (S. Barry): Met March 5 th, discussed fee increase and master-plan, trying to figure out what was going into our recommendations this year. Also need to include general fund support for negative cash flow or support for recreational activities such as 4 th of July, and appreciate Ann s report, which lays a foundation for these considerations. Also received in packet correspondence from Pacific Marina development. We have a good sense of what the capital projects are now, such as A-C moving forward, dredge survey out to bid in April, hopefully we can give good recommendations this spring. What staff and commission agrees on is that increasing berthing fees is not enough and we have to look at other options. Commissioner Smith added that staff called a meeting with Lisa Malek-Zadeh, (PW Senior Management Analyst); Deborah Chernin (Parks Recreation and Waterfront Principal Planner) Ethel Leonares (PRW Senior Management Analyst) Ken Emeziem (Supervising Civil Engineer); Ann Hardinger (Acting Waterfront Manager) & Commissioner Smith, to plan the collection of information on all the capital project for the next ten years, referencing the master plan and identifying priorities, grants, funding sources, etc. We also spent time updating the entries in the master plan in consideration for increase cost- projections done in are amazingly on target. A very good process was established and Commissioner Smith is confident that staff will come back in the next meeting with substantial proformance. Coordinated Waterfront Planning; Citizens for East Shore Park; (P. Kamen): Had a meeting and Commissioners Harrison and Crowder attended, as well as a boater from F&G dock. Mainly an orientation meeting with a list of projects and issues, agencies, briefing the new commissioners on where problems are and progress might be made. Will be scheduling more meetings. Safety & Security; (S. Barry) No report Gift and Donation Policy (B. Smith) No report.

2 4. CONSENT CALENDAR a. Approval of Agenda. b. Approval of Minutes. Commissioner Smith requests to remove the 1st - 5 items from section 9 a-e; that are replicated above. The reports are connected with discussion items. In addition, move Discussion items 6 (a) to Action Item and (b) letter from Pacific Marina Development to Action. Chair McGrath request to move the Commission Secretary report to end of Action Items. Minutes changes: Nancy Skinner of East Bay Regional Park District, not East Shore State Park. (Under updates from subcommittee) Also the last name is spelled (Fay). Page 3- Secretary Report H & I money should have a $ sign. 3 rd page, 1 st paragraph Commissioner Barry & Harrison voiced the same concerns, regarding Solar Calendar. Page 3 all in favor should include Smith, Leary for the record. M/S/C Smith, Beier, All in favor (Kamen, Catalfo, Barry, McGrath, Crowder, Leary) 5. DISCUSSION ITEMS Additional 25 Berth for Cal Sailing Club (moved to Action) Letter from Pacific Marina Development to William Rogers (moved to Action) Future Economic Development 6. ACTION ITEMS Additional 25 berth for Cal Sailing Club. Secretary Hardinger introduced the item stating that she prepared the report to point out cause and affects. She says that the marina has the vacancy available at J-Dock, and that staff recommends the additional berth, but to revisit the vacancy next year in the event there is more demand for the size. Commissioner Kamen motion, Approve an additional 25ft berth for Cal Sailing Club s Keelboat (as a fee waiver under the non-profit resolution criteria 58,859-NS) contingent on continuing vacancies at J-Dock, to be reviewed next year. Commission discussed further. Commissioner Catalfo asked if there had ever been a problem brought to the Commission in prior years for granting these waivers of fees for non-profit as far as financial issues are concerned. Commissioner Smith states we have had lower vacancy rates before, but that particular concern had not been brought to the Waterfront Commission before. Review of motion: motion, Commission Approve an additional 25ft berth for Cal Sailing Club s Keelboat (as a fee waiver under the non-profit resolution criteria 58,859-NS) contingent on continuing vacancies at J-Dock, to be reviewed next year. M/S/C Kamen, Beier, All in favor (Barry, Crowder, Catalfo, Smith, McGrath, Leary) Annual Review of Non-Profit in-lieu berth fee organizations Secretary Hardinger states staff is recommending continuation of the annual waiver of berth fees for Cal Sailing Club, Berkeley Racing Canoe Center, and Pegasus Project. They have complied with the annual reporting criteria, non-discrimination policies and all aspects of the non-profit 2

3 resolution. Commissioner Smith states he would like to move the item, but has a couple of word changes. Instead of covering FY 2007 and FY 2008 we should state calendar years 2007 & 2008 and the regulation calls for evaluation every February, but the recommendation should note the period of time that the waiver is in place. He thinks it is a good idea that the wording covers Fiscal years because the non-profit waivers do have financial implications that should be considered. When it goes before council, it can be considered along with budget and fee reviews. Commission discussion continued. Commissioner Barry asked about the Cordell Expeditions. Secretary Hardinger responded that Staff had concerns with Cordell Expeditions about their nondiscrimination policy therefore fee waiver recommendation for Cordell Explorer was not supported by staff. Chair McGrath request staff return in April with a report for Commission regarding Cordell Expeditions. Further, Commission requests that Cordell Expedition fees are deffered until after April Commission meeting. Commissioner Beier asked to clarify that if fees are deferred, will that mean that Cordell will be responsible for 2 month of fees? Chair McGrath states that this should be discussed with staff report next month. Review the Motion- Approve Non-Profit organizations per report covering Calendar years and Fiscal-Year 2009; Additionally, that the fee recommendation report is submitted to Council along with the Non-Profit annual review; and that staff defer monthly fee to Cordell Explorer until after April information report M/S/C Smith, Beier, All in Favor (Kamen, McGrath, Crowder, Catalfo, Leary, Barry) Commission Chair and Vice Chair Commissioner Smith nominates Commissioner Barry for Chair of Waterfront Commission; Current Chair McGrath supports Commissioner Barry, calls for a 2 nd, Commissioner Beier seconds; all in favor (Kamen, McGrath, Catalfo, Leary, Crowder) Commissioner Smith nominates Vice Chair Leary for second term. Commissioner Beier seconded, All in favor (Barry, Kamen, McGrath, Crowder, Catalfo) Secretary Hardinger reminded the Commission; elected officers need to attend annual training per resolution 63,876 NS. Fiscal Year 2009 Fee increase report Secretary Hardinger discussed the report presented to the Waterfront Commission and reviewed the attachments. Chair McGrath requests Commissioner s who have vessels recuse them from the item. Commissioners Leary, Kamen recuse. Discussion continued regarding whether Commission needed to take action on fee increases at this meeting. Secretary Hardinger stated it is up to the Commission discretion. Further discussion. Secretary Hardinger said this is a recommendation based on the 10 year forecast, taking into account, capital expenses and various trends in the market. Commissioner Kamen s report was submitted today, so staff did not have the time to place his item on agenda. Commissioner s continued with concerns on recession, vacancy, and that the norm every year was that fee increase recommendations to Commission are voted on in April. In Addition, boaters and customers of the marina normally attend in April for public comment. Commissioner Smith stated that we can make our recommendations to Council in April, and he recommends that the progressive rate structure be more closely reviewed. In addition, staff will get the message out to the boaters that this issue is coming to agenda in April. Further discussion. 3

4 Commissioner Smith moves to Postpone the fee increase recommendation to April 2008 and to distribute the fee increase announcement to the boaters Commissioner Beier seconded, all in favor. M/S/C Smith, Beier All in Favor (Crowder, Catalfo, Barry, Mcgrath) Recused- Leary, Kamen Commissioners asked Ethel Leonares, if the Capital project list will be available by next month, and Ethel stated that it is our intent. The list is on the spreadsheet, but the actual costs need to come from the Engineers. Pacific Marina Development / Almar Management response to William Rogers Commission is disappointed in the letter to William Rogers in that they were expecting a comprehensive proposal. Further discussion continued on the challenges of privatization based on what responsibility is involved in a public recreational facility, pros and cons of a marina operations lease agreement, and whether the Commission should request that William Rogers respond to the letter for more detail. Secretary Hardinger stated that Almar is a large Marina Management group and they ve been successful in taking over municipal marina operations over the years. She read that Coyote Point hired an outside contractor who did a feasibility study on Privatization, and suggests that the 1 st step for this Commission is to do the same. Hire an outsider to provide a complete unbiased analysis of the operations. Further Discussion. Commission asks that staff talk to William Rogers regarding response to Pacific Marina Development. Chair McGrath says he will draft a response on behalf of the Commission, and will review the Coyote Point report available on-line. The sense of the Commission is that they are looking for more information at this time and either William Rogers, or Chair McGrath should respond to Pacific Marina Development letter. 7. COMMISSION SECRETARY REPORT Secretary Hardinger contacted Rea Mary, Manager of Housing regarding reduced fees for low income live aboard boaters. Ms. Mary stated there are no subsidies available for live -aboard Low- income boaters because they own their vessels, therefore they have property. The boaters can sell their vessels and apply for housing subsidies on land, or other types of low- income relief, but there are no subsidies available for live aboard rent, or monthly rent. In addition, the boaters have the option of moving their vessels to less costly slips that are available. Unfortunately, the Housing authority has no subsidy available for low-income live aboard boaters. California Coastal Conservancy- spoke with Tom Gandesberry regarding any dredging monies, or grants for dredging. Tom stated they (CCC) support grants for habitat restoration dredge funding but not for recreational use. I-Dock pump-out sewer line had elbow joints that were the wrong size. These joints have been ordered; then the new pump- out area will be operational. Bait shop license is done and signed, going to City Council March 25. D-E Dock electrical replacement of the main feed line. Staff received an from Ken Emeziem that the conduit collapsed, so the work will take a bit longer, but the job to upgrade the 4

5 electrical will be done. Chair McGrath states that he stopped and talked with Ken Emeziem and the insurance adjuster last month regarding storm damage to the south basin docks. Secretary Hardinger announced that the fee reduction and retroactive billing for houseboats went to Council February 26. Councilmember Capitelli requested that the houseboat fees are reduced an additional $12, for costs associated with the relocation. Per City Of Berkeley website: Ordinance No. 7,021 N.S Adopted first reading. Second reading scheduled for March 11, Commissioner Kamen discussed the Water Transit Authority. Still in EIR process. Secretary Hardinger announced to the Waterfront Commission, that she has decided to enter into a Master s Degree program in the fall of 2008, and will be stepping back into the Harbormaster position. She stated that the Waterfront needs someone with a better business development background, or economic development background. This move will provide the operations staff with a full crew through the summer, and an opportunity for a new Waterfront Manager to promote ideas for developing the marina and helping us with the pending shortfall. She stated she would continue to work in support of the Waterfront Commission & help the New Waterfront Manager. She says this commission is one of the most remarkable and intelligent groups she has had the honor to work with, and has learned a great deal from them. Commissioner Smith said Ann took over at a difficult time and took up the reins, always looking for solutions without chaos, and will be missed. But at least we can still work with her. Chair McGrath said he is impressed with, when the houseboat issues hit she was a rock. I saw her get significantly more confident in this job. Commissioner Beier stated that when Ann came on board it was night & day. Things showed up on time, reports were complete, answers were there, and one thing I really like is that sometimes, staff dismisses commissions, but she listened to us and respected us. We had true interaction. I m really grateful for that. Commissioner Barry says he heard that other Commissions in the City have difficulties, but Ann has really been willing to work with us. 8. ADJOURNMENT Action: M/S/C, Smith, Beier, all in favor. Adjourned at approximately 10:10pm 5