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Jacob, Melinda

From: Zoning Adjustments Board (ZAB)Subject: FW: YMTC and Aquatic Park

From: Bob Kliger [mailto:bkliger@comcast.net]

Sent: Thursday, February 27, 2014 1:42 PM To: Worthington, Kriss; Wozniak, Gordon; Wengraf, Susan; Capitelli, Laurie; Arreguin, Jesse L.; Anderson, Maxwell;

Moore, Darryl; Maio, Linda; Berkeley Mayor's Office; City Clerk; Zoning Adjustments Board (ZAB)

Subject: YMTC and Aquatic Park

Dear Mayor Bates, Members of the City Council, and Members of the Zoning Appeals Board:

As a Berkeley resident and board member of YMTC, Youth Musical Theater Company, I am writing to ask for

your support in our efforts to become a tenant at city owned properties in Aquatic Park. Our presence will bring

more students and families to Aquatic Park in a manner that will enhance the value of Aquatic Park to

Berkeley’s residents and wildlife.

YMTC is already recognized as the leading musical theater training company in the Bay Area. The company

provides high quality training in dance, singing and acting and produces three musicals annually. Our programs

are open and accessible to students, regardless of their ability to pay through an ambitious scholarship program.

Young performers come from San Francisco, Dublin, Marin and even from out of state to participate in their

training and productions. In 10 short years, you can already see YMTC alums on Broadway and in theaters

around the country.

Theater is an incredible vehicle to teach social responsibility, life skills, collaboration, communication, and how

each part contributes to a whole. YMTC is more than a company – it is a community of caring, engaged youth,

interacting with top-notch professional mentors. The results are stunning and I encourage you to come to our

upcoming production of Stephen Sondheim’s Sunday in the Park with George, opening on February 28th

and

running for two weekends.

As a board we are excited to help revitalize the south end of the Aquatic Park and invest in the city’s buildings

on site. We have the resources and skill needed in our YMTC community to co-create something larger than

ourselves in Aquatic Park, that will benefit many generations of young singer/actors, aspiring designers,

musicians, theater lovers and Berkeley community members for years to come.

Sincerely,

Bob Kliger

YMTC Director

758 Colusa Ave.

Berkeley, CA 94707

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Jacob, Melinda

Subject: FW: UP2014-0005, 2925-2945 BolivarAttachments: Public_Trust_Policy_2001.pdf; Public Trust - Berkeley statute 1913 1962.pdf

From: Greene, Elizabeth

Sent: Wednesday, February 26, 2014 8:11 AM To: Bob Allen; Deborah Matthews; George Williams; Igor Tregub; Mike A-C; Prakash Pinto; Shoshana O'Keefe; Sophie

Hahn; Steven Donaldson

Cc: Katherine Harr; Powell, Greg Subject: UP2014-0005, 2925-2945 Bolivar

Dear Zoning Adjustment Board members –

Staff received a request from Board member O’Keefe for additional information regarding the State Tidelands

Public Trust and the ZAB’s role in determining a nexus between the use of public trust lands and the uses

proposed at 90 Bolivar Drive and 2925-2945 Bolivar Drive.

The State Lands Commission developed a policy statement regarding uses of State Trust lands (attached).

According to this document, uses of the lands are generally limited to water-dependant or related activities,

but they can also be used for uses that attract the public to the trust lands, accommodate the public’s

enjoyment of the lands or that serve a public purpose.

The tidelands within the City of Berkeley were granted to the City in 1913. These lands are subject a specific

statute, first developed in 1913 and updated in 1962 (see attached). This statute allows for a broad range of

uses, including marinas, commercial and industrial uses, highways, airports, marinas and public assembly and

public buildings.

The City staff involved with a project, in this case the Parks, Recreation and Waterfront (PRW)staff, determines

whether a project is in compliance with the State Tidelands Public Trust. The Public Trust is mentioned in the

reports because it is something that PRW staff considered when determining that the uses would be

appropriate for the site.

The City staff finds that the use proposed by Youth Musical Theater Company (YMTC) is consistent with the

permissible uses for the public trust lands, especially as they relate to the maintenance and operation of parks

and any buildings incidental to them, and the repair, maintenance and operation of the public buildings for

recreation purposes. The State Tidelands Commission is the regulatory agency over public trust lands. If the

Commission were to find that the proposed use by YMTC is non-permitted, the Commission has authorized

the City to execute short-term leases (five years or less) for non-permitted uses. The lease with YMTC is for

five years.

A representative of the PRW Department will be available at the meeting to answer more specific questions

about the Public Trust Policy and staff’s determination that the uses are in compliance with the Public Trust.

Sincerely,

Beth

Elizabeth Ruess Greene, AICP

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Senior Planner

City of Berkeley Planning and Development Department

Phone: 510-981-7484

Fax: 510-981-7420

Please Note: The City offices will be closed on the following days:

Monday, February 10 - Holiday (Lincoln's Birthday)

Friday, February 14 - Cost-saving measure

Monday, February 17 - Holiday (Presidents' Day)

From: Shoshana O'Keefe [mailto:shoshanaokeefe@gmail.com]

Sent: Monday, February 24, 2014 5:10 PM

To: Powell, Greg; Greene, Elizabeth Subject: Re: 2925 - 2945 Bolivar Dr

Sorry, I initially mistyped Elizabeth's email address.

On Sat, Feb 22, 2014 at 4:25 PM, Shoshana O'Keefe <shoshanaokeefe@gmail.com> wrote:

Greg and Elizabeth,

I'm looking through the ZAB packet and I have some questions regarding the above named agenda item. I think the

attached letter from Mr. Liolios brings up some interesting points that were not addressed in the report. The only

mention of compliance with the State Tidelands Public Trust is found under V.A.5 on page 12 of the report, and appears

to be cut and pasted from the previous report, as it mentions the use of bicycle repair and a cafe, and says nothing

about the theater company.

This is unfortunate, because while I do see a nexus between the bicycle facility and the enjoyment of Trust lands, I don't

really see the same connection with regards to the theater company. And my reading of the Tidelands Public Trust

Policy is that such a nexus is required. I would have liked to have seen a staff statement addressing this issue. If one

isn't received by the time of the meeting, I will just ask the question during the public hearing, but given that it's a

potentially complex issue, perhaps you could prepare something ahead of time and email it to the Board.

Thanks so much! See you both on Thursday.

Shoshana

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PUBLIC TRUST POLICY For

The California State Lands Commission

The Legislature has given the California State Lands Commission authority over California’s

sovereign lands – lands under navigable waters. These are lands to which California received

title upon its admission to the Union and that are held by virtue of its sovereignty. These lands

are also known as public trust lands. The Commission administers public trust lands pursuant to

statute and the Public Trust Doctrine – the common law principles that govern use of these lands.

Public Trust Doctrine

The Public Trust Doctrine is set forth in common law. Several of its guiding principles are that:

I. Lands under the ocean and under navigable streams are owned by the public and held

in trust for the people by government. These are referred to as public trust lands, and

include filled lands formerly under water. Public trust lands cannot be bought and

sold like other state-owned lands. Only in rare cases may the public trust be

terminated, and only where consistent with the purposes and needs of the trust.

II. Uses of trust lands, whether granted to a local agency or administered by the State

directly, are generally limited to those that are water dependent or related, and include

commerce, fisheries, and navigation, environmental preservation and recreation.

Public trust uses include, among others, ports, marinas, docks and wharves, buoys,

hunting, commercial and sport fishing, bathing, swimming, and boating. Public trust

lands may also be kept in their natural state for habitat, wildlife refuges, scientific

study, or open space. Ancillary or incidental uses, that is, uses that directly promote

trust uses, are directly supportive and necessary for trust uses, or that accommodate

the public’s enjoyment of trust lands, are also permitted. Examples include facilities

to serve visitors, such as hotels and restaurants, shops, parking lots, and restrooms.

Other examples are commercial facilities that must be located on or directly adjacent

to the water, such as warehouses, container cargo storage, and facilities for the

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development and production of oil and gas. Uses that are generally not permitted on

public trust lands are those that are not trust use related, do not serve a public

purpose, and can be located on non-waterfront property, such as residential and non-

maritime related commercial and office uses. While trust lands cannot generally be

alienated from public ownership, uses of trust lands can be carried out by public or

private entities by lease from this Commission or a local agency grantee. In some

cases, such as some industrial leases, the public may be excluded from public trust

lands in order to accomplish a proper trust use.

III. Because public trust lands are held in trust for all citizens of California, they must be

used to serve statewide, as opposed to purely local, public purposes.

Commission Authority

The Legislature has granted general authority to the Commission to manage trust lands. Unless

otherwise expressly stated in the State Constitution or statutes, the public trust doctrine mandates

the criteria for Commission management of trust lands. In carrying out its management

responsibilities, the Commission commonly leases trust lands to private and public entities for

uses consistent with the doctrine. Subject to the criteria in statutes and case law, the Commission

may also exchange public trust lands for non-trust lands, lift the trust from public trust lands,

enter into boundary line agreements, and otherwise generally manage trust lands. While most of

the authority over public trust lands possessed by the Legislature is vested in the Commission,

the Legislature, as the people's elected representatives, has not delegated the authority to modify

uses permitted on public trust lands by the Public Trust Doctrine. There are times when the

Legislature, exercising its retained powers, enacts laws dealing with public trust lands and uses

for specified properties. This may include, in limited circumstances, allowing some non-trust

uses when not in conflict with trust needs, in order to serve broader public trust purposes.

Implementation by the Commission of the Public Trust Doctrine.

The Commission implements the Public Trust Doctrine through careful consideration of its

principles and the exercise of discretion within the specific context of proposed uses. Factors

such as location, existing and planned surrounding facilities, and public needs may militate in

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favor of a particular use in one area and against the same use in another. The Commission

applies the doctrine’s tenets to proposed projects with consideration given to the context of the

project and the needs of a healthy California society, to meet the needs of the public, business

and the environment. The Commission may also choose among competing valid trust uses. The

Commission must also comply with the requirements of other applicable law, such as the

California Environmental Quality Act. In administering its trust responsibilities, the

Commission exercises its discretionary authority in a reasoned manner, accommodating the

changing needs of the public while preserving the public’s right to use public trust lands for the

purposes to which they are uniquely suited.

Relationship of the Commission to Granted Lands

The Legislature has granted certain public trust lands to local governments for management. A

grantee must manage trust lands consistent with its own granting statutes and the Public Trust

Doctrine. The Legislature has retained for the state, by delegating to the Commission, the power

to approve land exchanges, boundary line agreements, etc.

The State Lands Commission exercises oversight over all granted lands. Generally, this means

the Commission carries out this responsibility by working cooperatively with grantees to assure

that requirements of the legislative grants and the Public Trust Doctrine are carried out and to

achieve trust uses. The Commission monitors and audits the activities of the grantees to insure

that they are complying with the terms of their statutory grants and with the public trust. With a

few exceptions, grantees are not required to secure approval from the Commission before

embarking on development projects on their trust lands nor before expending revenues generated

from activities on these lands. However, where an abuse of the Public Trust Doctrine or

violation of a legislative grant occurs, the Commission can advise the grantee of the abuse or

violation; if necessary, report to the Legislature, which may revoke or modify the grant; or file a

lawsuit against the grantee to halt the project or expenditure.

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TO: Zoning Adjustments Board

FROM: Elizabeth Greene, Senior Planner

SUBJECT: Amendments to UP 2014-0005, 2925-2945 Bolivar Drive

DATE: February 27, 2014

After the packet for the February 27, 2014 ZAB meeting was published, staff learned of a mistake in the report and a desire of the proposed lessee to modify the hours of operation proposed. These issues are addressed below: Correction to staff report for UP 2014-0005, 2925-2945 Bolivar Section V.A.5 (page 12 of the staff report) should be corrected as follows:

State Tidelands Public Trust: The use of the building for musical theater training and practices for youth, including set design and construction,bicycle repair and rentals, vocational training for teens and an indoor café will accommodate the public’s use of public trust lands, especially as they relate to the maintenance and operation of parks and any buildings incidental to them, and the repair, maintenance and operation of the public buildings for recreational purposes.

Modification to Findings and Conditions, UP 2014-0005, 2925 – 2945 Bolivar Drive Per a request by the lessee of the building, staff is recommending the following modification to Condition 22 (page 6 of the Findings and Conditions report): 22. The hours of operation for all uses on the site shall be limited to 4:00 PM 6:00

AM to 9:00 10:00 PM, seven days a week. on weekdays and 9:00 AM – 9:00 PM on weekends (during the school year), and 9:00 AM to 9:00 PM daily (during the summer). Hours of operation refer to the arrival of the first patron and the departure of the last patron. No practices or workshops shall begin prior to 9:00 AM or end later than 9:00 PM. Any change in the hours of operation shall be approved according to Berkeley Municipal Code Chapter 23E.92. Special event permits may be requested for occasional exceptions to hours of operation, and are subject to Parks, Recreation and Waterfront Director approval.

The hours reflect the park hours at Aquatic Park, and would provide the lessee with greater flexibility during peak programming times. It is understood that the Youth Musical Theater Company’s typical hours will not change from what staff analyzed: 4:00 PM - 9:00 PM on weekdays, 9:00 AM – 9:00 PM on weekends (during the school year), and 9:00 AM – 9:00 PM daily (during the summer). Staff will review these proposed changes at the meeting and can discuss them at that time.

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Jacob, Melinda

From: Zoning Adjustments Board (ZAB)Subject: FW: YMTC's application to lease buildings in Aquatic ParkAttachments: title_sunday.jpg; ATT00001.htm; Bolivar Zab Letter.pdf; ATT00002.htm; Young cast in

Berkeley t... of Northern California.pdf; ATT00003.htm; berkeleyside.com-Wonderful_Town_A_highenergy_entertaining_romp (1).pdf; ATT00004.htm; Preview of Review- YMTC's _Ragtime_...ut - Berkeley, CA Patch.pdf; ATT00005.htm; Season Sponsors.pdf; ATT00006.htm; Season Sponsor Kit 2013-14 Web.pdf; ATT00007.htm

From: Jennifer Boesing [mailto:jenniferboesing@gmail.com]

Sent: Wednesday, February 26, 2014 12:42 PM To: Worthington, Kriss; Wozniak, Gordon; Wengraf, Susan; Capitelli, Laurie; Arreguin, Jesse L.; Anderson, Maxwell;

Moore, Darryl; Maio, Linda; Berkeley Mayor's Office; City Clerk; Zoning Adjustments Board (ZAB)

Cc: Denise Pinkston; Alison Bernstein; Lauren Spencer Subject: YMTC's application to lease buildings in Aquatic Park

Dear Members of the ZAB,

Attached please find YMTC's letter of support for the Lease of space at Aquatic Park to Berkeley’s Youth

Musical Theater Company.

I invite you to learn more about YMTC by attending our upcoming show, Stephen Sondheim’s Sunday in the

Park with George running February 28 to March 9 at the Malonga Caquelourd Center for the Arts in Oakland,

or by perusing our website at www.ymtcberkeley.org. My letter also attaches some of the press from a few of

our recent shows.

Thank-you very much for your consideration,

Jennifer Boesing

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berkeleyside.com http://www.berkeleyside.com/2013/03/06/wonderful-town-a-high-energy-entertaining-romp/

George Coker, Greyson Gove, Caitlin Cobb-Vialet, Sam Hopkinson and Lena Mayer singing “Conversation Piece” in YMTC’s production of ‘Wonderful Town’ playingMarch 8 and 9 in Berkeley. Photo: Dave Weiland

by Guestcontributor

March 6, 2013 8:44am

Wonderful Town: A high-energy, entertaining romp

By Sam Knobel

Youth Musical Theater Company has brought Leonard Bernstein’s Wonderful Townto Berkeley’s Julia Morgan Theater, and it’s a feel-good, energetic musical with manymemorable songs.

The musical, which first opened on Broadway in 1953 and won five Tony awards,was written by Joseph A. Fields and Jerome Chodorov with lyrics by Betty Comdenand Adolph Green, and music by Leonard Bernstein.

Based on the 1940 play My Sister Eileen, Wonderful Town tells the story of two sisters who leave their home town ofColumbus, Ohio, to try to make it on their own in New York. Ruth (Lena Mayer), a shy and intelligent young womanwho wants to be a writer, faces the publishing world of men and finds all doors closed to her. Eileen (Caitlin Cobb-Vialet), an outgoing, attractive actress, uses her wiles with men to get what she wants. Both struggle to findthemselves and to find love.

The standard of singing by the YMTC troupe is high, the orchestra puts in a rousing performance and there are

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Nava Bearson as a fan, and Ethan Ostrow as Wreck in ‘Wonderful Town.’ Photo: Dave Weiland

several funny moments to savor. From the two sisters singing “Why, oh why, oh why, oh, why did I ever leave Ohio?”to a group of Cuban sailors dancing the Conga for what seemed like ten minutes, the show is full of humor.

The production is hugely entertaining and well worth the time to go enjoy the ensemble performance of these talentedteens.

There are three more performances of Wonderful Town: on Friday March 8 (Student Rush Night: all students ticketsare $10, available at the door at 6:30 pm), and Saturday March 9 at 7:30 p.m., and on Sunday March 10 at 2:00 p.m.at the Julia Morgan Theater, 2640 College Avenue. For more information, visit the YMTC website. Tickets available atBrown Paper Tickets.

Sam Knobel, 14, is a student at Berkeley High School and the son of Berkeleyside founders Lance Knobel andTracey Taylor.

To find out about more events in Berkeley and nearby, visit Berkeleyside’s Events Calendar. It’s a post-your-own calendar so we also encourage you to submit your own events.

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Greetings!

I invite you to partner with Bay Area’s Youth Musical Theater Company as the leader in performing arts education in the Bay Area.

Bay Area audiences will tell you that YMTC stands out in our community. We provide accessible and exceptional training to young performing artists by producing professional musical theater, offering students (7th grade through university) the opportunity to explore their passions through rigorous rehearsal and performance experiences with professional teaching artists, technicians, designers, and a live full orchestra for every production.

Become a part of the YMTC community as a Season Sponsor for our 2013-14 Season. When you sponsor YMTC, you join hundreds of Bay Area community members who believe in the value of bringing affordable, professional quality, live musical theater to Bay Area families and you invest in our next generation of Bay Area actors, singers, dancers, and musicians.

You can become a Season Sponsor for the 2013/14 YMTC Season by pledging your support in the next 60 days so that we can thank you and provide a full season of benefits to you and your company as described below.

A member of our Board of Directors will be contacting you in the next few weeks to speak with you personally. You can learn more about YMTC by visiting ymtcberkeley.org. Thank you for considering this partnership. We look forward to describing our work to you and convincing you to join us!

Sincerely,

Jennifer BoesingExecutive Director

YOUTH MUSICAL THEATER COMPANY

1000 42nd Street Oakland, CA 94608www.ymtcberkeley.org ● 510-595-5514 ● info@ymtcberkeley.org

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Season Sponsorships2013-14 Season

Why Donate to YMTC?

• Access to a captive audience: YMTC sells an average of 7,000 tickets each season (1800 - 2200 per production) to loyal audiences that include families with young children and teens, senior citizens, and music and theater aficionados of all ages.. Our performers, crew, staff, and musicians number over 100 families per production. The YMTC community hails from Berkeley, Oakland, Albany, El Cerrito, Lafayette, Orinda, Walnut Creek. San Francisco and Marin and beyond. Let us introduce you!

• Make your presence known: YMTC distributes 2,000 postcards to Bay Area households per show (6,000 per season), 1,000 posters hung in prominent East Bay locations and businesses 30 days prior to each performance, and 6 press releases distributed to all Bay Area media outlets. The YMTC website receives over 17,000 unique visitors and 68,000 page views each year. As a Season Sponsor, your logo and corporate identity will extend it’s reach.

• Enrich your community: YMTC trains over 200 young performers ranging from age 12-21, annually. Drawing students from diverse backgrounds and Bay Area communities, we sponsor 40% of our participants through full and partial scholarships. Our students leave YMTC with a deeper capacity to imagine, create, and perform at a professional level. They develop self-confidence, a greater sense of community responsibility and learn to participate energetically in the collaborative process with adult professionals.

• Support Youth Education: In the current harsh economic climate, opportunities for young artists to develop these strengths are diminishing along with financial support for the performing arts. YMTC is committed to ensuring this doesn't happen in our community, because our young people are not only the next generation of artists, but the next generation of engaged citizens. YMTC graduates have gone on to the nation’s top performing arts programs such as NYU’s Tish School of the Arts, UCLA’s School of Theater and Film, and Carnegie Mellon University. We have loyal and generous local donors who need your help to continue to offer scholarships and maintain our excellent standard of musical and performing arts education.

YOUTH MUSICAL THEATER COMPANY

1000 42nd Street Oakland, CA 94608www.ymtcberkeley.org ● 510-595-5514 ● info@ymtcberkeley.org

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Season Sponsorship Levels and Benefits:

Sponsor $1,000: • 2 complimentary tickets to each show in the season (3 shows)• Your logo on our website as a proud YMTC season sponsor• Your logo in every program on the Season Sponsors inside cover • Your logo on thank-you posters in the lobby of each show

Major Sponsor: $2,500

• 4 complimentary tickets to each show in the season (3 shows)• Your logo on our website as a proud YMTC season sponsor• Your logo in every program on the Season Sponsors inside cover • Your logo on thank-you posters in the lobby of each show• ½ page ad in our programs• Live link to your company website on YMTC’s Season Sponsor webpage • Your logo as a Major Sponsor on all post cards and posters distributed for the season

Executive Producer: $5,000 • 4 complimentary tickets to each show in the season (3 shows)• Your logo on our website as a proud YMTC season sponsor• Your logo in every program on the Season Sponsors inside cover • Your logo on thank-you posters in the lobby of each show• Live link to your company website on YMTC’s Season Sponsor webpage AND on

YMTC Homepage• Your logo as a Major Sponsor on all post cards and posters distributed for the season • Full page program ad with personal thanks from YMTC Board and Executive Director• Personal thanks from the curtain of each show from our Executive Director• Your company name and profile in all YMTC postcards, posters, and press releases.

Contact: Denise Pinkston ● DPinkston@tmgpartners.com ● (415) 341-6058

YOUTH MUSICAL THEATER COMPANY

1000 42nd Street Oakland, CA 94608www.ymtcberkeley.org ● 510-595-5514 ● info@ymtcberkeley.org

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YMTC 2013-2014 Season Sponsors

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Artistic Director

Jennifer Boesing

Resident Music Director

Dave Möschler

Board of Directors

Laura Soble, President

Sharon Pancio

Alison Bernstein

Denise Pinkston

Lori Potter

Bob Kliger

Graham Chisolm

YOUTH MUSICAL THEATER COMPANY1000 42nd Street, Oakland, CA 94608

ymtcberkeley.org ● 510-595-5514 ● info@ymtcberkeley.org

February 24, 2014

Dear Mayor Bates, Members of the City Council, and Members of the Zoning Appeals:

I ask you to support the Lease and Use Permit that will provide a home to Youth Musical Theater Company (YMTC) to Aquatic Park as a tenant.

YMTC provides high quality training in dance, singing and acting through three fully mounted musicals a year as well as various workshops and master classes. As students have the unique opportunity to work with professional musicians, designers, and directors, they build self-confidence, take on leadership roles, aim for excellence, and learn to collaborate energetically. These practices are aimed at creating, not only skilled artists, but the next generation of thoughtful and engaged citizens.

I am proud to say YMTC’s programs are open to all students regardless of financial need due to our robust scholarship programs, which enables us to include students from many diverse backgrounds and over 25 schools. Moreover, our family-friendly ticket prices offer our audiences accessible theater year-round.

As we begin our 10th season, I look forward to the myriad ways YMTC could create a community connection with Aquatic Park through classes, rehearsals, orchestra rehearsals, public readings, and fund-raiser events.  Students, professionals, teachers, parents and theater lovers would gather at the space year round, bringing a vibrant sense of life and art to the park.  Our programming would bring thousands of families and arts patrons to the park a year.

YMTC has a viable, reliable business plan to pay for multiple improvements to the building and to maintain it over time. We are currently working with an architect and a contractor to help us envision ways that the two buildings could be restored and become both useful rehearsal and classroom space for our students while keeping in accordance with the needs and aesthetic of the park.

I encourage you to experience what we do by coming to our upcoming production of Sondheim’s Sunday in the Park with George (February 28-March 9) and by perusing the press materials attached. In a world where technology dominates and the economy too often imposes limitation on the artistic experiences young artists are offered, we believe that YMTC’s tenancy at Aquatic Park will bring a much-desired artistic hub to Berkeley and I hope that you will support us in creating that future.

Sincerely,

Jennifer BoesingArtistic DirectorYMTC Board of Directorsjennifer@ymtcberkeley.org

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Jacob, Melinda

Subject: FW: Conditions of Approval, Aquatic Park

From: Denise Pinkston [mailto:DPinkston@tmgpartners.com]

Sent: Tuesday, February 25, 2014 3:31 PM

To: Greene, Elizabeth; Erickson, Christina Subject: FW: Conditions of Approval, Aquatic Park

YMTC would like to request the following change to the proposed Conditions of Approval regarding hours of operation

so that our new Use Permit will allow our proposed activities and hours. Here is our requested modified condition

regarding hours of operation, and the rationale for this proposed change:

The hours of operation for all uses on the site shall be limited to 8:30AM – 10:00 PM, 7 days a week (with the exception that uses can be extended to 8am to 11pm for no more than 20 days total per year to allow for extended hours prior to production for activities that do not include music or singing with no more than 5 occupants at a time). Hours of operation refer to the arrival of the first patron and the departure of the last patron. Any change in the hours of operation shall be approved according to Berkeley Municipal Code Chapter 23E.92. We are proposing changes to the COA to allow us to use the buildings as we intended as follows:

1) We would like to use the Premises during the work week for typical work hours-8:30-4:30 for office uses, set

building, prop building, costume sewing and building, and other activities that may not involve our young

ensemble members. During these typical working hours, YMTC staff and artists will undertake activities that are

central to our program. These weekday hours will also keep people on site to start to bring about changes in the

undesirable activities around the site by having the buildings occupied and active throughout the day.

2) While our mid-week rehearsals and classes generally go from 4-9pm, some folks usually stay after the bulk of

the people go home to work out scene or music details, clean up, put back props and costumes and so forth so

we do not expect the last person to be out of the buildings until 10pm.

3) During the weeks prior to a show, things inevitably require last-minute attention that frequently entail long

days that start early and end late to paint sets, repair torn costumes, fix lighting cues etc. These extended hours

typically only require a small number of adults to handle the emergency, but we would like to extend our hours

to 8am to 11pm for no more than 20 total days per year to allow for these extended production activities.

During these extended hours, there would be no music or singing, and we would limit our occupancy to no more

than 6 people at a time to minimize any impacts of these extended hours.

Thank-you very much for your consideration. Please call me if you have any questions or concerns.

Sincerely,

Denise Pinkston

YMTC Board Member

Denise Pinkston Partner dpinkston@tmgpartners.com 415.400.2453 direct dial 415.341.6058 cell

TMG Partners 100 Bush Street, 26th Floor

ITEM #2 - SUPPLEMENTAL ITEM ZAB 02-27-14 Page 31 of 36

2

San Francisco, CA 94104 415.772.5900 T 415.772.5911 F

visit our new website: www.tmgpartners.com

ITEM #2 - SUPPLEMENTAL ITEM ZAB 02-27-14 Page 32 of 36

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Jacob, Melinda

Subject: FW: Letter of Support for YMTC's Lease of Buildings at Aquatic ParkAttachments: YMTC Aquatic Park -- Chisholm.doc

From: Graham Chisholm [mailto:graham.chisholm@gmail.com]

Sent: Sunday, February 23, 2014 3:37 PM To: Worthington, Kriss; Wozniak, Gordon; Wengraf, Susan; Capitelli, Laurie; Arreguin, Jesse L.; Anderson, Maxwell;

Moore, Darryl; Maio, Linda; Berkeley Mayor's Office; City Clerk; Zoning Adjustments Board (ZAB) Subject: Letter of Support for YMTC's Lease of Buildings at Aquatic Park

Dear Mayor, Members of the CIty Council and Members of ZAB,

Attached please find my letter of support for the Lease of space at Aquatic Park to Berkeley’s Youth Musical Theater Company, of which I am a Board Member.

I invite you to learn more about YMTC by attending our upcoming show, Steven Sondheim’s Sunday in the Park with George running February 28 to March 9 at the Malonga Center for the Arts in Oakland, or by perusing our website at www.ymtcberkeley.org.

Thank you very much for your consideration,

Graham Chisholm

--

Graham Chisholm

2332 McKinley Avenue

Berkeley, CA 94703

c. 510-409-6603

e. graham.chisholm@gmail.com

ITEM #2 - SUPPLEMENTAL ITEM ZAB 02-27-14 Page 33 of 36

February 23, 2014 Dear Mayor Bates, Members of the City Council, and Members of the Zoning Appeals Board: As a Berkeley resident and board member of YMTC, Youth Musical Theater Company, I am writing to ask for your support for our efforts to become a tenant at city owned properties in Aquatic Park. Our presence will bring more students and families to Aquatic Park in a manner that will enhance the value of Aquatic Park to Berkeley’s residents and wildlife. YMTC aspires to be a nationally-recognized training ground for students interested in musical theater. The company provides high quality training in dance, singing and acting and produces three musicals annually. Our programs are open and accessible to students, regardless of their ability to pay for the programs through an ambitious scholarship program. Theater is an incredible vehicle to teach social responsibility, life skills, collaboration, communication, and how each part contributes to a whole. I have been consistently moved by what I see happening both on and off the stage with our YMTC performers. These young people are becoming the next generation of engaged citizens in our world: they are learning how to ask hard questions, think deeply, and understand viscerally the power and need for artistic expression in a world increasingly dominated by indirect and on-line communication. As a board we are excited to help revitalize the south end of the Aquatic Park and invest in the city’s buildings on site. We have the resources and skill needed in our YMTC community to co-create something larger than ourselves in Aquatic Park, that will benefit many generations of young singer/actors, aspiring designers, musicians, theater lovers and Berkeley community members for years to come. Please consider coming to our upcoming production of Stephen Sondheim’s Sunday in the Park with George, opening on February 28th and running for two weekends. Please visit our website is www.ymtcberkeley.org for details on the location, times and additional information on our community. Sincerely, Graham Chisholm YMTC Board of Directors 2332 McKinley Avenue Berkeley, CA 94703 Graham.chisholm@gmail.com

ITEM #2 - SUPPLEMENTAL ITEM ZAB 02-27-14 Page 34 of 36

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Jacob, Melinda

Subject: FW: Letter to support YMTC (Youth Musical Theater Company) for the lease of space at Aquatic Park

Attachments: YMTC-_Soble,_ZAB_letter_25,_Feb.doc

From: Laura Soble [mailto:laurasoble@gmail.com]

Sent: Sunday, February 23, 2014 10:48 PM To: Worthington, Kriss; Wozniak, Gordon; Wengraf, Susan; Capitelli, Laurie; Arreguin, Jesse L.; Anderson, Maxwell;

Moore, Darryl; Maio, Linda; Berkeley Mayor's Office; City Clerk; Zoning Adjustments Board (ZAB) Subject: Letter to support YMTC (Youth Musical Theater Company) for the lease of space at Aquatic Park

Dear Mayor, Members of the City Council and members of the ZAB:

Attached please find my letter of support for the Lease of space at Aquatic Park to Berkeley's Youth Musical

Theater Company (YMTC), of which I am Board President.

Our website, www.ymtcberkeley.org, would give you a nice introduction to our company, our mission, and

inform you about our next show opening on February 28, Stephen Sondheim's Sunday in the Park with George.

Thank you very much for your kind consideration,

Laura Soble

President, YMTC Board of Directors

--

Laura Soble

ITEM #2 - SUPPLEMENTAL ITEM ZAB 02-27-14 Page 35 of 36

Laura Soble, YMTC Board President 131 Behrens Street El Cerrito, CA 94530

510-847-6128 laurasoble@gmail.com

25 February 2014 Dear Mayor, Members of the City Council, and Members of the Zoning Appeals Board: I am the Board President for Berkeley-based YMTC, Youth Musical Theater Company. I am writing to ask for your support for the Lease and Use Permit that will bring YMTC to Aquatic Park as a tenant. Why do I care so much about this? My own son began at YMTC when he was a freshman in high school. He took a summer training, and began auditioning and was cast in show after show: starting at the back of the chorus, and moving into more challenging ensemble and lead roles. The discipline, community, artistry, and mentorship he received from YMTC theater and music professionals completely changed his life. He is currently studying musical theater in college, engaged, and understands the value of being part of something larger than himself. Theater is an incredible vehicle to teach social responsibility, life skills, collaboration, communication, and how each part contributes to a whole. I have been consistently moved by what I see happening both on and off the stage with our YMTC performers. These young people are becoming the next generation of engaged citizens in our world: they are learning how to ask hard questions, think deeply, and understand viscerally the power and need for artistic expression in a world increasingly dominated by indirect and on-line communication. There is nothing more exciting than creating something artistic together. Our Board and Staff feel that creating a YMTC youth arts hub at the South end of the Aquatic Park affords us and the City of Berkeley an exciting opportunity. YMTC is a Berkeley jewel. As we near our 10th anniversary as a growing non-profit arts organization, we continue our mission of providing exceptional training for ages 12 through University level through the production of professional musical theater. We have sought a Berkeley home to create a hub for rehearsals, stagecraft, and trainings for many years. We are committed to being Berkeley-based. We have the resources and skill needed in our YMTC community to co-create something larger than ourselves in Aquatic Park, that will benefit many generations of young singer/actors, aspiring designers, musicians, theater lovers and Berkeley community members for years to come. Our most recent show: Stephen Sondheim’s Sunday in the Park with George, opens for two weekends beginning February 28th. I am extending a personal invitation to you all to come and see for yourself the caliber of the young actor/singers, who are completely supported by theater and music professionals, many of the them Berkeley residents, all along the way. Our website is www.ymtcberkeley.org. It is my hope that we can all be a part of creating something beautiful together. Sincerely, Laura Soble President, YMTC Board of Directors

ITEM #2 - SUPPLEMENTAL ITEM ZAB 02-27-14 Page 36 of 36