+ All Categories
Home > Documents > November 17, 2009 Terminal

November 17, 2009 Terminal

Date post: 24-Dec-2021
Category:
Upload: others
View: 1 times
Download: 0 times
Share this document with a friend
30
Office of the City Manager 2180 Milvia Street, Berkeley, CA 94704 Tel: (510) 981-7000 TDD: (510) 981-6903 Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager ACTION CALENDAR November 17, 2009 To: Honorable Mayor and Members of the City Council From: Phil Kamlarz, City Manager Submitted by: Claudette Ford, Director, Public Works Subject: WETA Presentation and Request for Resolution Supporting Berkeley Ferry Terminal RECOMMENDATION Receive a presentation from the San Francisco Water Emergency Transit Authority (WETA) and either: 1 ) Adopt a resolution (Attachment 1) supporting the proposed Ferry Terminal subject to specified conditions, or 2) Wait for release of the FEIR and direct City staff to work with WETA staff to address the conditions included with the draft resolution and resolve issues raised in the City’s DEIR comment letter of December 2008 as well as issues raised by the Transportation Commission, Waterfront Commission, and Planning Commission before returning to the Council for consideration of this item. SUMMARY In 2005 the Berkeley City Council approved a recommendation from the Transportation Commission and Waterfront Commission to ask WTA (predecessor of WETA) “to proceed with its environmental review of ferry service for Berkeley”. In December 2008 City staff and commissions provided comments to WETA on a Draft EIR for the Ferry Terminal and site selection. WETA began work on the Final EIR and following presentations to the Planning, Waterfront, and Transportation Commissions in October 2009 is now making a presentation to the City Council. WETA is seeking a resolution of support from the City of Berkeley for a ferry terminal to be located on Seawall Drive between the Berkeley pier and Hs Lordships restaurant. In response to WETA’s presentation, the Planning Commission took no action. However the Waterfront Commission and the Transportation Commission both recommend conditional support. Based on the conditions recommended by the commissions, staff has prepared a resolution of conditional support for consideration by the Council. Attachment 1, Exhibit A includes the specific conditions staff recommends. As an alternative to the resolution of conditional support, the Council could await the outcome of the FEIR, which has not yet been released, and direct staff to work with WETA staff to resolve outstanding concerns, prior to taking action.
Transcript

Office of the City Manager

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

ACTION CALENDAR November 17, 2009

To: Honorable Mayor and Members of the City Council From: Phil Kamlarz, City Manager

Submitted by: Claudette Ford, Director, Public Works

Subject: WETA Presentation and Request for Resolution Supporting Berkeley Ferry Terminal

RECOMMENDATION Receive a presentation from the San Francisco Water Emergency Transit Authority (WETA) and either:

1 ) Adopt a resolution (Attachment 1) supporting the proposed Ferry Terminal subject to specified conditions, or

2) Wait for release of the FEIR and direct City staff to work with WETA staff to address the conditions included with the draft resolution and resolve issues raised in the City’s DEIR comment letter of December 2008 as well as issues raised by the Transportation Commission, Waterfront Commission, and Planning Commission before returning to the Council for consideration of this item.

SUMMARY In 2005 the Berkeley City Council approved a recommendation from the Transportation Commission and Waterfront Commission to ask WTA (predecessor of WETA) “to proceed with its environmental review of ferry service for Berkeley”. In December 2008 City staff and commissions provided comments to WETA on a Draft EIR for the Ferry Terminal and site selection. WETA began work on the Final EIR and following presentations to the Planning, Waterfront, and Transportation Commissions in October 2009 is now making a presentation to the City Council. WETA is seeking a resolution of support from the City of Berkeley for a ferry terminal to be located on Seawall Drive between the Berkeley pier and Hs Lordships restaurant. In response to WETA’s presentation, the Planning Commission took no action. However the Waterfront Commission and the Transportation Commission both recommend conditional support. Based on the conditions recommended by the commissions, staff has prepared a resolution of conditional support for consideration by the Council. Attachment 1, Exhibit A includes the specific conditions staff recommends. As an alternative to the resolution of conditional support, the Council could await the outcome of the FEIR, which has not yet been released, and direct staff to work with WETA staff to resolve outstanding concerns, prior to taking action.

rmolina
Typewritten Text
rmolina
Typewritten Text
rmolina
Typewritten Text
22

WETA Request for Resolution Supporting Berkeley Ferry Terminal ACTION Calendar November 17, 2009

Page 2

FISCAL IMPACTS OF RECOMMENDATION Pending the outcome of lease agreements for the parking and terminal sites, there is potential revenue to the City from lease payments. Development of the ferry terminal could impact future redevelopment of the site following expiration of H’s Lordships lease in 2017 and thus could have an impact on future revenue.

Assuming certification of the FEIR in December 2009, WETA would prepare construction plans and apply for the necessary permits resulting in City of Berkeley staff time spent on plan review and permit processing. City staff would also enter into necessary negotiations with WETA as directed by the City Council. There would be a moderate to significant amount of staff time spent on these activities.

CURRENT SITUATION AND ITS EFFECTS On April 2, 2009 the WETA board adopted DEIR Alternative B, located between the Berkeley Fishing Pier and H’s Lordships Restaurant, as their Locally Preferred Alternative (LPA) for a ferry terminal and began to further develop details for the proposed site. WETA returned to City staff in September 2009 with concept drawings of the parking lot and land side facilities for the ferry terminal. WETA then made some refinements based on site specific comments from City staff and scheduled separate presentations to the Waterfront and Planning Commissions on October 14, 2009 and the Transportation Commission on October 29, 2009.

On October 14, 2009 the Planning Commission received the WETA presentation and considered a motion to recommend that the Council endorse the project. The motion failed with 2 votes aye and 7 votes abstain. The Commission took no further action.

Also on October 14, 2009 the Waterfront Commission held a public workshop to receive the WETA presentation and take public comments. Following the presentation and public comment the Commission authorized the Chair of the Commission to prepare a letter from the Waterfront Commission to the City Council recommending conditional support for WETA’s Berkeley Ferry service. The Waterfront Commission letter dated October 15, 2009 is attached and outlines the conditions of support recommended by the Commission.

On October 29, 2009 WETA made a presentation to the Transportation Commission, which also took public comment before deciding on an action. The Commission approved a motion (7 votes aye, 1 vote no, and 1 absent by recusal) to recommend that the City Council support the WETA proposal for a new ferry terminal in Berkeley between the Berkeley Pier and H’s Lordships subject to specific conditions as defined in the attached October 29, 2009 recommendation from the Transportation Commission.

WETA is requesting a resolution of support from the City of Berkeley prior to certifying the FEIR in December 2009. WETA needs to certify an FEIR by December 31, 2009 in order to retain Regional Measure 2 (RM 2) funds for a Ferry Terminal in Berkeley. WETA does not need City of Berkeley approval in order to certify an FEIR. Thus,

WETA Request for Resolution Supporting Berkeley Ferry Terminal ACTION Calendar November 17, 2009

Page 3

retention of RM 2 funds for a Ferry Terminal in Berkeley is not subject to approval by the City of Berkeley. However, WETA has indicated that the Federal Transit Authority (FTA) requires an expression of local support from Berkeley before accepting an Environmental Impact Study (EIS) for a project to spend Federal Transit funds on a capital project in Berkeley. The City has not been made aware of a specific deadline for FTA to accept an EIS. Thus, it is not clear that there is a deadline for the City to adopt a resolution of support for the project.

On November 4, 2009 City staff received the attached draft resolution from WETA (Attachment 2). Using a prior copy received through the Mayor’s office and with the input from the Waterfront and Transportation Commissions, City staff has drafted a resolution (Attachment 1) supporting the WETA Ferry Terminal on Seawall Drive in Berkeley between H’s Lordships and the Berkeley Pier subject to the specified conditions (see Exhibit A to Attachment 1).

The FEIR for the Ferry Terminal is not yet available. WETA staff has not sought to review any draft sections of the report with City of Berkeley staff. Thus, the comments of City staff and Commissions are made without knowledge of what findings, impacts, and mitigations will be in the FEIR, although they are based on the DEIR.

BACKGROUND Ferries served Berkeley from the 1800s until mid-1958, and were reactivated as a transit option in response to closure of the Bay Bridge after the October 1989 Loma Prieta Earthquake. At that time, the City Council asked the Transportation Commission to consider several issues, including “permanent establishment of ferry boats … as part of the Region’s transit system.” There were several Council Resolutions in the 1990s supporting regional ferry service that would include a location in Berkeley. The Transportation Element of the General Plan includes Ferry Service in Policy T-9.

In 1999, the state Legislature created the Bay Area Water Transportation Authority (WTA) to plan new and expanded environmentally friendly ferry service and related ground facilities. The possibility of new ferry service in Berkeley or Albany was identified as one of seven routes in the July 2003 WTA Implementation and Operations Plan. In the 2007 aftermath of Hurricane Katrina, the Governor signed SB 976, which created WETA as successor to WTA, putting emergency preparation and coordinated-response readiness on a par with regionalized water transportation as its core mission.

The Berkeley City Council last formally considered the ferry project three years ago. In September 2005 the Council approved a recommendation from the Transportation Commission, which incorporated action taken by the Waterfront Commission that June. The recommendation was for Council to ask WTA “to proceed with its environmental review of ferry service for Berkeley” and that “ferry service should be consistent with the Transportation Element of Berkeley’s General Plan … .”

WETA Request for Resolution Supporting Berkeley Ferry Terminal ACTION Calendar November 17, 2009

Page 4

The Current process to identify and evaluate a ferry terminal location began in December 2007, and the DEIR for the Berkeley/Albany Ferry Terminal Study was released in October 2008. The City Manager submitted a comment letter on the DEIR in December 2008 (see Attachment 6), which included input from the Planning, Waterfront and Transportation Commissions, as well as process and technical comments from staff. Key issues raised in that letter are summarized as follows:

1. Impacts on recreational and economic development uses of Marina were not addressed.

2. The DEIR lacked specific mitigations for traffic impacts. 3. Parking supply, demand, operation, and enforcement were not adequately addressed or

analyzed. Parking demand assumed use of a shuttle without providing details of how shuttle service will be established.

4. Combined CEQA/NEPA approach did not provide adequate detail for meaningful comments on impacts and mitigations as required by CEQA standards for a DEIR.

5. The DEIR needs to acknowledge the completion of the Bay Trail extension to Marina as primary bike and pedestrian access to the terminal.

6. The DEIR needs to define the transportation benefit and how operating cost and energy use of the ferry compares with autos, buses, and BART based on all modes used between origin and destination.

WETA made a presentation to concurrent meetings of the Berkeley Transportation and Waterfront Commissions on February 19, 2009, and another presentation to the City’s Planning Commission on April 1, 2009.

On March 19, 2009 the Transportation Commission adopted a recommendation to the Planning Commission and City Council that “in the process of identifying defects in CEQA analysis, they consider recreational impacts on the Eastshore State Park, environmental impacts from increased traffic …, impacts on the entire Marina area as a park and recreation area … traffic impacts … and the lack of AB 32 Greenhouse gas reduction analysis …” The Transportation Commission recommended “… no Locally Preferred Alternative (LPA) be selected at this time in order that further study be completed to provide a robust understanding on which to base any selection of an LPA.”

The Planning Commission took no action on an LPA at its April 1, 2009 meeting.

On April 2, 2009 the WETA board adopted Alternative B, located between the Berkeley Fishing Pier and H’s Lordships Restaurant, as their Locally Preferred Alternative (LPA) for a ferry terminal and related facilities. Alternative B was WETA’s selection based on finding this to be the environmentally superior alternative.

The Waterfront Commission met on April 9, 2009 and discussed the LPA. They scheduled a special meeting for April 22, 2009 and drafted a formal letter to Council on their position.

WETA Request for Resolution Supporting Berkeley Ferry Terminal ACTION Calendar November 17, 2009

Page 5

In general, comments from the Commissions and in the City Manager’s DEIR comment letter state concerns that WETA did not respond to issues that were raised in the public presentations and comments. These include the need for environmental analysis to consider impacts on recreational uses, the Marina area, and Bay Trail; on traffic congestion, infrastructure, connectivity and interchanges between the site and I-80, as well as transit; and the impact on, and need for improvements for bicycles, pedestrians and parking. The conditions included in Exhibit A to Attachment 1, the Resolution of conditional support, are intended to address the issues raised by the public, commissions and staff in its comment letter.

RATIONALE FOR RECOMMENDATION Although a ferry terminal might not be expected to serve a significant proportion of the commute trips on a day to day basis, it would provide for transport of critical personnel and equipment in the event of an emergency. It would also provide a means for bike commuters to travel between Berkeley and San Francisco, which is currently a challenge since BART prohibits bikes on commuter trains to San Francisco and AC Transit generally only has capacity for two bikes per bus. Additionally there is broad public support for the concept of ferry service from Berkeley. However, this proposal for a ferry terminal still requires significant work on details. Thus, staff recommends conditional support for the project (see Attachment 1, Exhibit A for specific conditions), or alternatively, that the Council await the release of the FEIR and direct staff to work with WETA staff to resolve outstanding issues in the interim.

ALTERNATIVE ACTIONS CONSIDERED The City could choose not to support the proposed Ferry Terminal. WETA could still certify an FEIR in December without the Council adopting a resolution of support. (If WETA does not certify its FEIR by December, the language of the Regional Measure 2 funding legislation stipulates that the funds designated for this project would be shifted to a site in the City of Richmond.) However, ultimately, without the City of Berkeley’s support for the Marina location, staff has been informed that WETA could lose FTA funds for the project.

The City could choose to adopt an unconditional resolution such as the draft resolution submitted by WETA. However, based on staff review and concerns expressed by the Waterfront Commission and Transportation Commission, it is recommended that, if a resolution is to be adopted, that the City Council adopt a resolution of support with specified conditions in order to address the issues identified in the City’s comment letter on the DEIR, as well as subsequent comments from the commissions.

CONTACT PERSON Farid Javandel, Transportation Manager, Public Works, 981-7010 Dan Marks, Director, Planning & Development, 981-7400 John Mann, Waterfront Manager, Parks, Recreation & Waterfront, 981-6737

WETA Request for Resolution Supporting Berkeley Ferry Terminal ACTION Calendar November 17, 2009

Page 6

Attachments: 1: Resolution 2: Draft Resolution by WETA 3: WETA Slideshow Presentation to TC 10/29/09 4: 10/29/09 Recommendation from Transportation Commission 5: 10/15/09 Recommendation from Waterfront Commission 6: 12/30/08 Comments on Berkeley Albany Ferry Terminal Study Draft EIS/EIR

Attachment 1

RESOLUTION NO. ##,### - N.S.

SUPPORTING IN CONCEPT WETA FERRY TERMINAL PROJECT IN BERKELEY ON SEAWALL DRIVE, SUBJECT TO CONDITIONS

WHEREAS, The San Francisco Bay Area Water Emergency Transportation Authority (WETA) is charged with planning for and operating new passenger only ferry services on San Francisco bay for commuter and disaster response purposes; and, WHEREAS, WETA has been conducting a combined Environmental Impact Study/ Report assessing the potential environmental impacts of a new ferry terminal and route in Berkeley; and, WHEREAS, WETA has identified and selected the alternative site at Seawall Boulevard in the City of Berkeley as the “Locally Preferred Alternative”; and, WHEREAS, WETA has presented revised conceptual plans for the proposed project; and, WHEREAS, the Berkeley Waterfront, Transportation and Planning Commissions have reviewed WETA’s plans for the new ferry terminal at Seawall Drive; and, WHEREAS, WETA has represented to the City that the Federal Transit Administration requires an expression of local support from the jurisdiction within which a transit capital project utilizing Federal Transit funds will be sited in before it will accept an Environmental Impact Study. NOW THEREFORE BE IT RESOLVED, that the City Council hereby supports in concept WETA’s plans to build a new ferry terminal at Seawall Drive and to operate Transbay ferry service from it, subject to the conditions set forth in Exhibit A. BE IT FURTHER RESOLVED, that City Staff are directed to negotiate a lease with WETA for use of the City-owned land required for this project, including the terminal site and parking, subject to the conditions set forth in Exhibit A. BE IT FURTHER AND FINALLY RESOLVED, that the City shall transmit signed copies of this Resolution as adopted to WETA, the Bay Conservation and Development Commission, the MTC and the Federal Transit Administration’s Region 9 offices in San Francisco.

November 17, 2009

Page 2

EXHIBIT A

1. Neither the City’s General Fund nor the Marina Fund shall ever be required to subsidize the construction, development, maintenance, or operation of the ferry terminal and service, either with cash funds or in-kind services (e.g., infrastructure construction; parking enforcement or development; sanitation, engineering, or public-safety services; utilities; etc.).

2. The final site plan submitted for regulatory permits shall include all parking spaces that meet the City of Berkeley’s minimum requirements, and no more than 30% of the 89 public-access parking spaces sized for compact vehicles.

3. WETA shall lease the ferry terminal and associated parking areas from the City at fair market rates, with a lease that shall be increased periodically as the market value of the leased land increases.

4. All ferry-patron parking shall occur within the designated parking area, and WETA shall provide necessary funding for the City to establish and enforce any measures needed to ensure that WETA patrons do not use the public parking elsewhere in the marina. WETA shall also charge for parking for ferry riders, separate from the transit fare.

5. Because WETA’s site plan would eliminate the berm area now used by windsurfers for rigging sails, WETA shall establish and improve an equivalent area.

6. The configuration of the ferry terminal and any associated breakwaters shall not substantially interfere with recreational windsurfers.

7. WETA should contribute a fair share to any necessary improvements to University Avenue, the frontage road intersection, and the Bay Trail Extension. WETA shall also serve as the lead agency in securing full funding for Bay Trail implementation from the Bicycle/Pedestrian Bridge to the Ferry Terminal, including along Sea Wall Drive, estimated at $17 million by City of Berkeley staff.

November 17, 2009

Page 3

8. Any agreement between the City and WETA must clearly preserve and protect the City’s right to maximize future economic development in the marina, including but not limited to the commercial leasehold immediately adjacent to the proposed site of the ferry terminal, which is due to expire in 2019, and the renewal or redevelopment of which is of profound economic importance to the city and to the Marina Fund.

9. WETA shall provide fully accessible bathroom facilities as part of the ferry

terminal.

10. The City must be satisfied that the environmental impact statement/environmental impact report (EIS/EIR) that is anticipated to be certified by WETA for the project is legally adequate and sufficient, and adequately addresses all of the concerns raised by the City.

11. The City must be satisfied that WETA will adequately mitigate the impacts

identified in the EIS/EIR and the City’s comments thereon.

12. WETA shall work with City staff and commissions to continue to resolve community concerns through the planning process.

13. WETA shall commit to operating ferry service with fuel efficiency consistent with other regional transit operators and best practices in low-emission ferry technology.

14. WETA shall commit to study the seismic safety of Berkeley Marina access roads

in light of the “essentials structures” standards proposed for the Terminal on this important emergency/disaster recovery route.

ATTACHMENT 2

City of Berkeley Resolution in Support of the WETA Ferry Terminal Project on Berkeley

at Seawall Drive

WHEREAS, The San Francisco Bay Area Water Emergency Transportation Authority (WETA) is charged with planning for and operating new passenger only ferry services on San Francisco bay for commuter and disaster response purposes: and, WHERAS, WETA has been conducting a combined Environmental Impact Study/ Report assessing the potential environmental impacts of a new ferry terminal and route in Berkeley; and, WHEREAS, WETA has identified and selected the alternative site at Seawall Blvd. in the City of Berkeley as the “Locally Preferred Alternative”; and, WHEREA, WETA has presented revised conceptual plans addressing City of Berkeley and its citizens concerns about the proposed project; and, WHERAS the Berkeley Waterfront, Transportation and Planning Commissions have reviewed WETA’s plans for the new ferry terminal at Seawall Drive; and, WHERAS the Federal Transit Administration requires an expression of local support from the jurisdiction within which a transit capital project utilizing Federal Transit funds will be sited in before it will accept and Environmental Impact Study, NOW THEREFORE BE IT RESOLVED, that the City Council hereby supports WETA’s plans to build a new ferry terminal at Seawall Drive as shown on the attached exhibit and to operate Transbay ferry service from it; and, BE IT FURTHER RESOLVED, that City Staff are directed to negotiate a lease with WETA for use of the City-owned land required for this project, including the terminal site and parking as indicated on the attached Exhibit; and, BE IT FURTHER RESOLVED, that the City shall transmit signed copies of this Resolution as adopted to WETA, the Bay Conservation and Development Commission, the MTC and the Federal Transit Administration’s Region 9 offices in San Francisco.

rmolina
Typewritten Text

ATTACHMENT 4

Transportation Commission October 29, 2009 TO: Honorable Mayor and Members of the City Council FROM: Marcy Greenhut, Acting Chair, Transportation Commission RE: WETA Ferry Terminal The Transportation Commission has heard two presentations from WETA on the Berkeley Ferry proposals at regular meetings held February 19, 2009 and October 29, 2009. The Commission provided comment on the EIR at its March 19 meeting, and on October 29 the Commission took the following action: It was moved, seconded ( Syed/Betancourt) that the Transportation Commission recommend that the City Council support the Water Emergency Transportation Authority proposal to locate a new ferry terminal in Berkeley between the Berkeley pier and Hs. Lordship’s, subject to the following conditions:

1. The Water Emergency Transportation Authority (WETA) will serve as the lead agency in securing full funding for Bay Trail implementation from the Bicycle/Pedestrian Bridge to the Ferry Terminal, including along Sea Wall Drive, estimated at $17 million by City of Berkeley staff.

2. WETA commits to work with City staff and local commissions to continue to resolve community concerns throughout the planning process.

3. WETA supports a parking fee for ferry riders, separate from the transit fare. The Transportation Commission appreciates WETA’s work to resolve parking concerns expressed by marina users. However, WETA’s transit mode split estimates for access to the ferry are overly optimistic and inconsistent with current plans to provide free parking, which would tend to greatly suppress bicycle and bus trips.

4. WETA commits to operating ferry service with fuel efficiency consistent with other regional transit operators and best practices in low-emission ferry technology.

5. WETA commits to study the seismic safety of Berkeley Marina access roads in light of the “essentials structures” standards proposed for the Terminal on this important emergency/disaster recovery route.

The Transportation Commission does not support requiring WETA to pay to lease the land necessary for the project from the City, which has been suggested. Public transit cannot be expected to be competitive with the automobile under such conditions. Auto users of the Berkeley Marina do not pay fair market value for their use of public land. The Transportation Commission notes that in the current Environmental Impact Report WETA has committed to mitigate traffic in the project area, including at Frontage Road and University Ave and at University Ave and 6th Street. The West Berkeley Circulation Master Plan offers a resource for public infrastructure improvements to mitigate the project.

10/29/09 Berkeley Ferry Motion

Alternatives Considered: The Transportation Commission considered making no recommendation or recommending against the project. Some commissioners and public attendees expressed concern regarding the high cost of the ferry, low ridership, small impact on regional congestion, and other issues. Another public attendee expressed strong support for the project, with a recommendation that WETA fully fund the Bay Trail from the Berkeley Bicycle-Pedestrian Bridge to the ferry terminal. Past polls of local residents indicated strong support for the project. If the City of Berkeley rejects the ferry, it is our understanding that Regional Measure 2 legislation requires funding to be shifted to another community for ferry service that may be less financially sustainable than the proposed Berkeley ferry. Our recommendation to support the Berkeley ferry is made understanding this context. We encourage the City Council to express support for the Berkeley ferry project. The Commission looks forward to working with WETA to complete the preliminary and final design so the City can realize the construction of an efficient and attractive ferry connection between Berkeley and San Francisco. Ayes: Betancourt, Froehle, Goddard, Greenhut, Lang, McCaughrin, Syed Noes: Smulka Abstain: None Absent: Bruzzone (recused himself from discussion and vote to avoid conflict of interest) Motion passed (7-1-0)

ATTACHMENT 5

Waterfront Commission

October 15, 2009 To: Honorable Mayor and Members of the City Council

From: The Waterfront Commission

Submitted by: Phil Catalfo, Chairman of the Waterfront Commission

Subject: Water Emergency Transportation Authority’s (WETA) revised proposal for a Berkeley ferry terminal

Honorable Mayor and Members of the City Council, The Berkeley Waterfront Commission is guided by the general principle that it is our mission to encourage new users of the waterfront in Berkeley as long as the existing users are not displaced, and as long as such use does not compromise the financial health of the marina as an enterprise fund. In order to preserve recreation and the financial health of the marina, the Commission has developed a set of conditions that would protect the city’s interests. Therefore, the Waterfront Commission recommends that the City Council support WETA’s proposal to locate a new ferry terminal in Berkeley between the Berkeley pier and Hs. Lordship’s, subject to the following conditions: 1) Neither the City’s General Fund nor the Marina Fund shall ever subsidize the construction, development, maintenance, or operation of the ferry terminal and service, either with cash funds or in-kind services (e.g., infrastructure construction; parking enforcement or development; sanitation, engineering, or public-safety services; utilities; etc.). 2) The final site plan submitted for regulatory permits shall include all parking spaces that meet the City of Berkeley’s minimum requirements, and no more than 30% of the 89 public-access parking spaces sized for compact vehicles. 3) WETA shall lease the ferry terminal and associated parking areas from the City at fair market rates, with a lease that shall be increased periodically as the market value of the leased land increases. 4) All ferry-patron parking shall occur within the designated parking area, and WETA shall provide necessary funding for the City to establish and enforce any measures needed to ensure that WETA patrons do not use the public parking elsewhere in the marina. 5) Because WETA’s site plan would eliminate the berm area now used by windsurfers for rigging sails, WETA shall establish and improve an equivalent area.

Berkeley Waterfront Commission recommendation re: ferry proposalOctober 15, 2009Page 2 6) The configuration of the ferry terminal and any associated breakwaters shall not substantially interfere with recreational windsurfers. 7) The Waterfront Commission still has serious concerns about the impact of the ferry terminal and associated traffic on vehicular, bicycle, and pedestrian traffic flow into, within, out of, and near the marina. WETA should contribute a fair share to any necessary improvements to University Avenue, the frontage road intersection, and the Bay Trail Extension. 8) Any agreement between the City and WETA must clearly preserve and protect the city’s right to maximize future economic development in the marina, including but not limited to the commercial leasehold immediately adjacent to the proposed site of the ferry terminal, which is due to expire in 2019, and the renewal or redevelopment of which is of profound economic importance to the city and to the Marina Fund. We believe that these specific conditions, if incorporated into an agreement between the City and WETA, can provide for successful development of a ferry terminal and ferry service in the Berkeley marina while maintaining access for and service to the many thousands of existing users of the Berkeley waterfront.

rmolina
Typewritten Text

Recommended