ADMINISTRATIVE REPORT

TO:

Standing Committee on City Services and Budgets

FROM:

General Manager of Engineering Services
in consultation with the Manager of Real Estate Services

SUBJECT:

By-Law to Restrict Anchoring on City Water Lots in False Creek

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

CITY MANAGER'S COMMENTS

COUNCIL POLICY

PURPOSE

This report seeks Council approval to prepare a by-law to restrict the duration of anchoring on City-controlled water lots in False Creek to a maximum of 14 days within a 30 day period.

DISCUSSION

False Creek is a very popular water body for recreational uses, such as rowing, kayaking, and dragon boating, as well as a popular destination for visiting boaters. In addition, the creek is used commercially by ferries and tug operators. These uses, in combination with random boat anchoring, has resulted in congestion and hazardous situations in some areas of False Creek. There are currently approximately 61 boats anchored in False Creek outside of designated areas. The City has received numerous and on-going complaints from both other users of False Creek and upland residents regarding the long-term anchoring boats and the resulting congestion, noise, garbage and pollution.

The City does not want to discourage recreational users and short-term visitors from using False Creek. However, staff suggest that restricting the length of time a boat can anchor is necessary to ensure fair and equitable use of False Creek for all users, and a safe and less congested environment.

To address this issue, a by-law is proposed which will allow boats to anchor in False Creek on City-owned or leased water lots for a reasonable amount of time. Staff believe that allowing boats to anchor in False Creek for 14 days within a 30 day period would be reasonable to allow fair access to False Creek for all users. Based on a survey of the operators of 136 boats in False Creek in 1999, only 2 visiting boats indicated that they had planned to stay longer, with one planning to stay 3 weeks and the other 1 month. Those few boats wishing to stay longer may stay in marinas which provide temporary moorage.

This by-law would impact boats which are currently used as live-aboards or are being stored long-term on City-controlled water lots in False Creek, unless they are in a marina. It is estimated that there are about 20 live-aboard boats anchored in False Creek and another 25 boats which are being stored there.

Moorage buoys were also installed in Charleson Bay in 1999 to provide additional temporary moorage space. There is currently a three night maximum stay on the buoys, but longer stays are allowed if a buoy is available.

IMPLEMENTATION AND COMMUNICATION PLAN

If the by-law regulating anchoring is enacted, staff would install marker buoys in False Creek to delineate the extent of the water lots to which the by-law applies. The marker buoys would also contain signage communicating the anchoring restrictions. In addition to a press release, notices of the by-law would be given to all boats anchoring in False Creek. Boats anchoring on City owned or leased water lots would then be monitored, and given a violation notice when/if their stay exceeds the allowable timeframe.

The minimum penalty for a by-law violation is recommended to be $200, with a fine of $50 per day for continuing offences. It is necessary that the minimum fine be set at $200 because it must not be less expensive for boaters to anchor and pay the fine rather than to dock at a marina. For comparison, transient moorage at the civic marinas in False Creek ranges from $21 - $35 per night depending on the size of the boat and 14 days moorage ranges from about $184 to $262.

The by-law would be enforced primarily by the Vancouver Police Department Marine Squad, but they may need some outside assistance to monitor boats, particularly at the onset of enforcement of the new by-law. The by-law would allow anchoring for 14 whole or partial days, whether or not consecutive, in a 30 day period. The full or partial day specification will alleviate the need to prove that an offending boat was anchored continuously. Rather, it would only be necessary to document which vessels are anchored at some point each day. This approach will be much easier and less costly to enforce. Restricting anchoring to a maximum of 14 days in a 30 day period will also ensure that offending vessels do not defeat the intent of the by-law by leaving the area for a day or so and then returning for another 14 days.

This by-law is only applicable to City-owned or leased lots as approximately shown in Map I, and thus will not fully solve the anchoring problem in False Creek. Staff are in discussion with provincial representatives to lease the provincial water lots in False Creek. Once the lease is finalized, staff will recommend to Council that the provincial water lots be included in the proposed by-law.

ENVIRONMENTAL IMPLICATIONS

Implementation of the above recommendations is expected to improve the water quality in False Creek by reducing long-term live-aboard anchoring. There have also been incidents in which vessels in poor condition have sunk in False Creek. Aside from being expense to recover, these vessels become a submerged hazard for other boats, and a potential environmental problem as some of the vessels have oils and fuel on board.

SOCIAL IMPLICATIONS

The City receives on-going complaints from many of the users of False Creek and upland residents about the boats which are anchoring long-term. Both recreational and commercial users report on-going difficulties navigating around anchored boats. Vessels are routinely anchored without lighting, further aggravating the problem. Recreational and commercial users in False Creek also report that anchored vessels routinely swing into their path, making navigation even more difficult in an already congested environment. Congestion due to the anchored boats and other users has resulted in near misses and some accidents in the creek.

Additionally, boats are being stored in False Creek for extended periods of time. There have been problems with boats dragging anchors and drifting into and damaging other vessels.

Upland owners report being impacted by noise and garbage accumulation, as well as the aesthetics of some of the derelict boats. Conflicts have arisen between several of the upland owners and people living on board randomly anchored boats. The City also receives on-going complaints about the perceived inequity, as there are numerous people who live aboard boats and do not pay any City taxes, while they use City services.

It is estimated that there may be about 20 live-aboard boats in False Creek. These boats will have to relocate. The City's Housing Relocaters would be available to help boat owners who need assistance in finding land accommodation.

The proposed by-law would begin to address the inequities in False Creek.

FINANCIAL IMPLICATIONS

A private security agency may be required to assist the Police Marine Squad, particularly initially, with monitoring of boats anchored on City owned or controlled water lots. It is expected that the monthly monitoring costs of such assistance could be up to about $5000 per month. Funding of up to $15,000 for the first 3 months of enforcement of the by-law is

requested from the Contingency Reserve. It is expected that private security assistance will not be required once the initial enforcement has been completed.

Additionally, marker buoys will need to be installed to delineate the extent of the water lots to which the by-law applies. It is expected that the installation of the marker buoys will cost approximately $10,000. This cost will be paid from the Contingency Reserve.

CONCLUSION

Long-term anchoring in False Creek continues to be a concern. A by-law to restrict anchoring to a maximum of 14 days within a 30 day period on City-controlled water lots in False Creek is recommended.

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