language. in doing so, we were able to meet the intended targets. specifically, there is a lot of language that was plain to allow us to properly enforce the seaworthiness of vessels, which is critical to maintain an active and thriving marina. finally, the last provision is section number 30, which is a violation of the rules and regulations. this is a very critical piece to the rules and regulations. we've met all of the intendant of comes, all of the intended targets. it included stakeholder feedback, because this is where we made specific reference and inc. language to an appeal process. it also makes for a specific reference that allows for the enforcement of the rules and regulations to create thriving marina, which was critical. it was asked for by the voting

-- boating community. the proposed provisions include a significant number of stakeholder interests. if you wanted to count them, there are 20 concessions that were made overall from when we first started in january. that includes, as i mentioned, a fee reduction of 75% for the temporary suspension of the berthing license. 60 days or longer, which is a concession from their original position of the department of no subleasing. also provides for several transfer limitations, which i quickly referenced, which is a concession from the department's s original decision of say no transfer policy. the proposed rules and regulations also provide for a one-time transition period for

current berth holders with the new rules. lastly, the proposed rules before provisions for additional revenue generation to support operations, maintenance, dredging, and amenities which is critical to the marina. i am still amazed at how little resources we have to operate such a critical operation. with the proposed operational policies, i am is certain that the commission will truly create a new marina operation that correctly reflects the marina as a premier destination in today's world stage and that currently repositions the marina to correspondenc with current dema. the most coveted area in the region with the highest demand in the san francisco bay area. to conclude the department

respectfully requests that you approve the proposed renovation berthing assignment policy for the west basin. if -- and approved the rules and regulations of the small craft harbour as amended by the operations committee at the april 5 meeting public hearing. to replace all existing marina rules, regulations, and policies. and i will be happy to answer any questions you may have. we also have a director of operations and the general manager. our chief financial officer and our director of policy and public affairs. they have been part of this critical team to be able to meet this amazing project. thank you. commissioner fong: thank you very much -- commissioner buell: thank you very much. let's entertain public comment before we go any further.

>> ok. >> hello. i was not expecting to come here this morning, but i was at the south harbor talking about something else. then i had a question. then everyone started to jump in trying to answer the question. but they cannot. the master got involved. then i decided to come here. i had to cancel a job this morning. i cannot even believe i was going to waste my time to come to a meeting. to give my opinion. but here i am. so there is a lot of problems out there. when i hear what happened today, this talk, i wonder what world we live in. the harbor association -- i quit in 2000, quit. because they were such strong proponents of working with the city to get this marina rebuilds. in fact, in 2003 or 2004, there

were talking about the management and changing the charter to the government because of the poor management of the marina. the harbor association, which cares so much about it, was going to get involved potentially to be an overseer of some sort. so these are the strongest people who are supporting the rebuild of the marina. they care the most about it. they're the stakeholders. they care more than anyone about everything that goes on in that marina. now they're at a point that they're going to hire a lawyer and sued the city over what is going on here. it is embarrassing. it really is embarrassing that an organization that is so committed to helping the marina is now fighting the people that they work very supporting. i think the commission needs to put a stop to this, to tell the parks department to work with the association and to get a resolution. these numbers they throw out --

i do not even know they mean anything to you. unless you are a boater that is so intent. [bell rings] i would love to know why the communist government of berkeley allows such capitalist behavior over there -- commissioner buell: thank you. >> i mean, there must be a reason. >> next. >> good afternoon. i am a boat owner in the marina. i have had it there for 20 years. it is classic. it was not counted in one of the nar boats, but it has been racing in the city for approximately five years. i am more of a curator than an owner. i am concerned about the considerations. i ask you to consider further work be done on these and not approve them as currently proposed. in my view, it is bold attempt of the park in rec staff to revoke the existing rental

agreements with the berth holders. i think the representative from the city attorney's office could help figure of the difference between the two. it is a lease a right to enter facility or is it having a set of property rights with it? under the statute referred to in the presentation, there is language in there that does appoint the city as a custodian or the trustee and allows leases to be put in place, and names the been the fisheries -- the beneficiaries of that. one of the concerns i have with records of how these have been rushed through and put into process, i would like to highlight a section of the proposed regulations on page 8 under the section that allows a transition. there is language that refers to qualified transferees. [bell rings] it defines qualified people as those for holding a berth

license. we do not even have a draft of that licence. we have asked for that. we have requested it be part of that package. under this, if you adopt these, you will inadvertently engaged in the body's ability to have any transfer under that, because the like -- to -- inadvertently negate any visibility to have a transfer under that. [bell rings] >> allen, john, then grace perio. >> i have been a tenant in the harbor for 46 years. 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? 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. >> 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. 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. >> 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 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 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 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 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 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 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 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. 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 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 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. 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. >> 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. 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 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 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 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 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