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tv   [untitled]    April 19, 2012 1:30pm-2:00pm PDT

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my boat is a 43-foot sailboat that i have known for 50 years. rec and park has been put in place to be the trustee of the harbor. it does not own in the harbor. the people that lease a berth on the clients are customers of rec and park. it is the money that they paid the goes to pay the loan, maintenance, and wages and the employees. the public plays nothing for this so-called public access. this was the -- this is why do not understand what the trustee can treat the tenants in such an inconsiderate way. few options in the new rules and the deficiencies of the new harbor, few people would choose to be in this harbor. also considering the high cost per ft. that is coming. why do you think it is wise to put into place these rules and regulations before the harbor is completed before you know the problems are and what will be needed?
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for example, i noted in number 7, calendar day, opportunity to write in fraction of rules. does not state when the calendas have an exception berth of reassignment exception notice which specifies the notice by certified mail. the inconsistency places the berth renters and a huge disadvantage. [bell rings] there needs to be a postponement. i have the employees of the rec and park listen to their employers, something they have done little of. i have been in the association since the beginning, 40 years, and of work with rec and park in the directory, and let's hope it is not too late to return to the spirit of cooperation and work with the people that are paying for it all. remember, you work for us, the tenants, not your agenda. [bell rings] commissioner buell: thank you.
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>> next. next. >> hello. i have been a berth holder since 1978, a relative newcomer since some of my colleagues. there are two things on the agenda here about the marina. berth assignment policy in the marine the rules. rec and park would like you to act on both of those, but that is not required. you do need to look at the berth policy because we need to choose who goes where once the marina is concluded. but the marine the rules do not have to be acted on right now. there are lots of problems with these new proposed rules besides the ones getting all the attention.
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here is a quick example on page 5, 7f. the harbor master has a right to move my boat without notice to a different slip for various reasons such as a boat show, and -- and if i am not around when he tries to notify me, he can hire someone else to move it, charge me, and if they crash it, this is not responsible. there are a lot of problems like that in these rules that should be dealt with and could be dealt with. we do not need to rush this through today. i suggest we send it back to rec and park and allow more than two minutes. because there are lots of other problems i could talk about, too, but we do not have time. let's schedule a meeting just to talk about this. lots of people would be interested in doing that. thank you. commissioner buell: thank you.
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>> karen, david. >> good afternoon. i would like to take a moment and have a moment of silence for our fallen sailor friends. >> thank you. i think that kind of helps us understand what we're really all here about and talking about. i have had a boat with my husband in the marina for 20 years. it has moved all the way to a walking 30-foot boat. as philip ginsburg was speaking to earlier, we vacation here with that little boat. when our daughter who is now married was little, we littlesail over -- we would sail over to angel island and have a
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good time. we would just be out there. mostly we do day sailing. moving from a 26 to 30-floods in 30 years is gradual, let's just say. on the straps of me know, i still think there are a lot of -- of these drafts, there's a lot of problems. page 14, f2. it says you have 15 calendar days, blah, blah, blah. i got something this week in the mail that required and it rsvp that expired the day before. someone spoke earlier about the checks. i mean, might never get cash for 30 to 60 days for my quarterly fee. i am still getting -- our boat
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has been asked to move three times. average in two quarterly checks. it still has my original berth number on the bill. which i drove by -- [bell rings] and there is another boat still sitting in that berth. i do not know whose boat i am paying for. commissioner buell: thank you. >> good afternoon. bob here. thank you for the option to speak. i think you have had a good and solid proposal made to you. there are things that need to be done today so you can make berth assignments in their things that you can differ on. there are some inherent unfair aspects of these policies that a number of my colleagues of commented on. we do not doubt the good intentions, but we think there's room for improvement. so if you would consider the proposal to get the berthing a son and part done in the rest of
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the policies and changed so we can have further opportunity for public comment and input from stakeholders. that would be greatly appreciated. thank you. commissioner buell: thank you. >> good afternoon. my name is david. i am a 30-year berth holder in the harbor. i have raised three children, from the age of three, and they all sail and love it. it is german is for our family to be able to do this. i support the renovation, as i have since the first set foot on these dogs, and i want to see it completed successfully, had the assignments carried out, and is very interested in the public meetings that mr. murphy carried out. i thought they were done openly, and i thought that he well described the process. that having been said, i think
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you can see in the process he described the initial draft was presented in the first meeting, and people did not really have a chance to absorb. by this second meeting, everybody absorbs it. a 180 degree turn occurred because we figured out what was proposed. ms. alvarez has correctly said that a number of concessions and changes, most of which are highly reasonable and were just overlooked and necessary, have been carried out. but a lot of us are still looking at this and saying, but what about these other things, there has not really been a lot of input from the community, and we're talking about a process that was set up to run three months. it has been extended only because of the reaction. nobody seems to feel that all these details of the handle. we're asking that you perhaps go ahead with the assignment policy, but we have been very successful working with staff on getting the things that are not going to work corrected and
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sorted out. and many remain. if you put this in place, it becomes much harder to make changes or to deal with what is inevitably going to occur. i do not have time to go into all those details, as the previous speaker said. [bell rings] so here is the process to carry that out. we have been successful to date, but we're not done. thank you very much. commissioner buell: thank you. >> good afternoon. thank you. i would also support that there is a need to have the reassignment part of the request to done today, but there's still more work and tweaking to be done on the rules. i want to give you an example. a world not allowing a tenant to use in stay on their boats every weekend is not make any sense, while the proposed three consecutive overnight stays may be reasonable, only allowing
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seven days in one month is not. as a tenant, you should be allowed to visit and stay on your boat every weekend if you want. most of us, that is the only time we can use our boat. i would ask that, please come seven days is not adequate. maybe 10 days is more appropriate. a new world that showed up in the draft for the very first time -- a new rule that showed up for the very first time on march 26 was never part of the committee outreach process and was not part of the earlier rules and has not had time for feedback. that gives the marina the ability to tell a tenant that even though you're paying, you have to move your boat out of the marina for a boat show or some special event. i cannot imagine how disruptive or inconsiderate that would be to just have to all of a sudden -- you're paying and have to move your bowed out of the marina. i cannot imagine any tenant that would think it really like that would be very helpful. of course, i would prefer to
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retain more flexibility in its subletting. [bell rings] that said, the hearing on april 4, it was amended from 90 days down to 60 days. the reality is, most boaters, we cannot leave for 60 days, let alone their original 90. absent of being able to work directly with the harbor master on when he might be out and how long, at least it could be reduced to 21 or 30 days. people on the wait list, not everybody is on the wait list because they isa boat. some people are on the list because they want to know they can get a slip in the marina with the size of both the one before they can even got and get the boat. commissioner buell: thank you. >> 30 days is just not practical. commissioner buell: thank you. >> next. >> good afternoon, commissioners. attendance in the harbor for 25 years. 15 years in berth 247.
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i want to say that if i had the time, i could show you how the department presentation today was wrong in so many ways. i could take a point by point, but i cannot do that in two minutes. what i want to focus on is the outreach and the feedback that you got. yes, there was a great community outreach to the boating community in a very large feedback, almost unanimously in opposition to the rules your being asked to adopt. why is that so? because the people who came into the harbor when they came into the harbor were promised certain things, and they were outlined by mr. murphy. having to do with a permanent rental agreement versus a license. having to do with transfers and now sky-high transfer fees. a 40-berth flood, the transfer fee goes from $3,000 to $13,000. subletting another issue. there's a great deal of opposition in the boating
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community, a schism between the boating community and the recreation and park department. my purpose is to offer you a fair solution to this problem. i am going to use the word that mr philip ginsburg likes, migration. migration to the new rules. i suggest that you do your migration to the new rules with the new tenants will be coming into the harbor as a result of this renovation. particularly if you start enforcing the rules against derelict boats and against live-0 boards. that will be a lot of new tenants. but you have made no promises. to the old tents, promises have been made, and those should be kept. the best way to do that is to grandfather in the existing tenants. that is a concept that is used quite commonly to resolve this kind of problems where people have been promised rights and
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benefits -- and then they're going to be taken away for other people. [bell rings] i just want to say new rules for new tenants, old rules for old tenants. commissioner buell: thank you. >> next. >> i am grace. i think brad had to leave because the meeting was so long. slip 395. i do not know who the first man was, but the reason that the harbor tenants were against a new harbor is we're simply trying to get the hold -- the old harbour maintain. rec and park never maintained and that fell apart. now we have to have a new harbor. or as we went for the new harbor, because the old one was falling apart.
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why are we so against -- and why did we want different management? because we do not address rec and park. they have been very difficult to deal with. and here we are today. dealing with rec and park bank and rules that none of us understand. i would suggest that we do table this for further comment. i do not know why the rush, and we do not have the feeling that you have really, really listened to us. in the presentation today, it was like spin city. you know, let's spin this out and it sounds good. most of it was just that. thank you. let's table it. let's do it is a little bit. thank you. commissioner buell: thank you. >> matthew, frank, christine.
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>> good afternoon. thank you for hearing your comments. i am a seven-year berth holder in the east bay sen. it is in shambles. there is really no plans to change that as i know of. we have heard a lot of talk about world-class marina and the smooth transfer fees will bring us right up to world-class marine the costs. i called the santa barbara marine that earlier this morning to find out what their transfer policies were, and they admit an inherent value in having the least. i think that was a good point. that when you have a lease versus a license, you have certain implied property rights. we know we do not owned water spot there, but we have maintained a boat in that slid appeared we have an investment. the change is dramatic. for example, my boat is probably only valued at $4,000.
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it would cost me $5,700 in a transfer. i do not see how that makes it more accessible as a water sport for somebody else to get involved in. you know, there are so many problems with these rules. there is really no rest have to adopt these as proposed. for example, with the hot burn use of maintenance, we would not even be able to use a barbecue on our boat. staying aboard our vessel for how many days and months, that is problematic. [bell rings] when i spoke to the-santa barbara, they have a process where you can apply tuesday as many as 60 days in a row. -- to stay as many as 60 days in a row. that is not in these rules. there was the second meeting about proposed rule changes. by that time, everything went 180. there has not been a public
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meeting since. so where is the community outreach? [bell rings] i ask that you table this. commissioner buell: thank you. >> frank. >> good afternoon. i am a resident of san francisco, lived here about 30 years. i have had a slip in the marina for 30 years also. i am in active sailor, racer. two or three times a month. i participate in most of the races on the bay area or offshore. these rules and regulations, we could go over this point by point and it would take us all day. we need to step back and really take -- i mean, not just say we have had community input, but maybe respond and give some good reasons as to why things went the way they went. for example, just changing this
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thing from a leased to a license, despite what park and rec representatives said, that is a major, major, major change. i pay and insert -- and secured property taxes on my lease. the loans in the grant to the city from the state say the collateral for those loans and grants are leases. suddenly you're changing them into licenses. i would like to see the city attorney explain why you have not subjected -- what you have not damaged the collateral on a loan you first got. none of this makes any sense, and it has not been explained very well to anybody. there is the nitpicking of various rules and regulations. if you have a casual laborer come on board to do cleanup of your boats, you have to up $500,000 liability insurance. that is nonsense. when you have people coming clean your homes, i do not believe they have a $500,000
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liability appeared we cannot do maintenance on at the docks. this that mean when i finish a race and i put my sails on the dock prepare them, that i can do that? there is so much the nitty gritty that has not been addressed into how you actually were a boat in a marina dated day, and this whole thing should be tabled. let's sit down and having the discussions on all these points. thank you so much. >> next. >> good afternoon. i am christine. i am the sole owner of a boat in the west harbor of the marina. i do not grow up selling. i do not have relationship to voting in my life year when i moved here, i saw the beautiful boats and said i have to understand a word i had a friend with this album. i fell in love with it. i used my own money to get
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lessons and invest in this sport which i am passionate about. when the about public access, it is enhanced by the fact that there people like us that are willing to put the time, ever, and money into owning a boat. believe me, it is hard work. i have two requests for changes. i know a lot of time went into it. the first thing is with regard to the annual license, i would like to ask that you change the process for renewing. right now, it is and administrative burden that requires paperwork to be sent more than 30 days in advance every year, and there's not enough resources to handle the paperwork we have now. you would all agree that we do not need more paperwork in our lives. it should automatically renew. if you have to address the rules that are in place to allow you to cancel licenses for people that do not comply. there's a and b some trust and annual renewing without administrative paperwork. on the assignment policy, i do not think we should pass that
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today. it should be amended to factor in not just security that location. if you read the feedback, it was overwhelming. people wanted to be placed by seniority and by location closest to where they are today. please consider the feedback and make that change. thank you. commissioner buell: thank you. >> hello. i want to address a few issues. the paper work issue is very significant. not only should the license rollover automatically without the person proactive with having to come into your office three days before, your insurance should roll over automatically. your car insurance rolls over. nothing changes from year to year. neither does my boat insurance. do i have to go into the office and present an insurance policy every single year 30 days in advance? 671 insurance policies every year on which he has to opine
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whether there significant or appropriate? he should get them once. say, ok, your policy is appropriate, and that is it. until you change recover and spirit the same with the license. you get it once and it rolls over. 1000 -- 1342 documents that that little of this with two or three people has to figure out and prices every year, which they clearly cannot do. that was my earlier presentation on myhr side. i handed out to you to be a suggestion on changing the slip fees. nothing will work the way rec and park is proposing. if you have a $200 transfer fee for a 30-foot boat and $25 for everybody else, nobody will transfer it onto the box. every buddy with everything in the back room the way they're doing it now. you do not think they can? they can. let's go with a fair policy on
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the graduated structure i handed out. then people will say this is fair. i will go in and will sell my boat to somebody. we will write a check to rec and park based on something that makes sense for the size of the slip. the harbor trust its revenue. harbor master its proper documentation of the transfer. and everybody thinks we're working together. i recommend you switch this. thank you. >> next. >> good afternoon. my name is dean. i just retired from the fire department in san francisco. i love the marina. you probably see me come in sideways around there. i have had three different berths at the san francisco marina. it has been anything but a world-class marina. it has just been, you know,
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really something to put up with. we put up with really port facilities forever. we have had to use public bathrooms, non secure parking. we have waited all these years for this final phase lived that we're getting now, and we have paid increased rents all these years. at a $5,000 a year keep my boat there. the simple form, and i bought a different boat that i sailed for a while. we transferred my slip. it was to the harbor master, i am writing this letter to inform you that i sold my interest in my boat and wish to transfer berth 315 to him right now. he agrees to accept responsibility for fees and requirements from now on. please address the new rent bills to dean.
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i am grateful for all that you and your staff have done for me over the years in helping fellow firefighter dean in this matter is truly appreciated. [bell rings] this is a simple bill. we have done that. it is a vested interest. when you buy a a boat -- sure, you buy a boat. i have a 40-foot berth and it it is very valuable to the then you give that to be sea scouts. everybody wins. the city does. the sea scouts win. the new harbor master said we even let firefighters in here. [bell rings] there are a lot of us in here. we love it. commissioner buell: thank you. >> these are good city people. >> betty. >> get afternoon, commissioners. i am basically part advocate
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because normally park support traditional family values, seniors and the disabled, and all walks of life. the diversity which is san francisco. i think this should exist in the small craft harbour. but now i find myself about to lose my slip and berth because i fall into a tiny percentage, a minority of being a senior and also not the married. i do not have a spouse to transfer anything to. i am older and i want to share a title with my daughter, who is better able to maintain our boat at this point. i simply ask that you consider a one-time transfer of the title allowed to a biological child. commissioner buell: i think it is in the rules. you can have up to three partners. >> i do not think so. it is not my understanding that is possible.
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if it is, wonderful. i kind of feel like i am being discriminated or punished against not having a spouse and being older. i do not want to sell my boat and slip that profit. i see it as a privilege having a berth, not an investment. i do not mind paying two taxes. i do not even mind the berth fee. i appreciate the sense of space. i do not want to lose the legacy i fought so hard for for my family and 11 respect and half for the bay. please allow this one-time transfer, $50, to allow us to have supported you to have you support us. this is inclusive rather than exclusive. please consider this. i very much appreciate your time and the professionalism exhibited. thank you. commissioner buell: thank you. >> next. neweton here -- newton here?
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>> finally. good afternoon, commissioners. you know, you are in a unique position, not just as commissioners for park and recreation but trustees. trustees that have a fiduciary responsibility towards primary beneficiaries of this harbor. although mr. ginsberg and staff would lead you to believe this is totally public access to property, it is totally paid for by the tenants associations. what troubles me the most is these new landmark rules are probably the toughest of any