ADMINISTRATIVE REPORT

Date: June 6, 2001
Author/Local: M. Harris/6735

RTS No. 02130

CC File No.1201

Council: June 12, 2001

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services in Consultation with the Director of Legal Services
SUBJECT:	Authorization to Initiate Legal Proceedings - Charleson Bay Moorage Buoys

RECOMMENDATION

THAT the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to boats moored at the City's Charleson Bay Moorage Buoys and may, in her discretion, seek injunctive relief in that action or proceeding, in order to enforce the rules of the City's Charleson Bay Moorage Buoys and to recover unpaid fees.

GENERAL MANAGER'S COMMENTS

The General Manager of Engineering Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

Council approved the installation of the moorage buoys in Charleson Bay in December 1998 to provide short-term moorage to visiting boaters.

PURPOSE

The purpose of this report is to obtain authorization for the Director of Legal Services to, at her discretion, commence legal action or proceedings to enforce the rules of the City's moorage buoys in Charleson Bay, False Creek.

BACKGROUND

In recognition of a lack of transient moorage available for visiting boaters, Council approved the installation of moorage buoys in Charleson Bay, False Creek in December 1998. These moorage buoys were installed by the City to provide short-term moorage for boaters visiting Vancouver. To ensure that the buoys are available to visitors, there is a maximum three day limit on moorage at the buoys. In addition, in an effort to recover some of the costs associated with installation and operation of the moorage, there is a user fee of $15/day. This is inexpensive moorage in False Creek. The rules for use of the buoys are set out in Appendix A.

Since August 2000, the five buoys in Charleson Bay (reduced from the original 13) have been managed by Parks Board staff through the Burrard Bridge Civic Marina. Until recently, boaters using the buoys were respecting the three day limit and paying the user fee. However, since April 2001, there have been a few boats which have been tied to moorage buoys and whose owners have ignored the three day limit and refuse to pay the fees.

DISCUSSION

The moorage buoys in Charleson Bay were installed to provide short-term transient moorage for visiting boats. This facility is currently being abused by a few boaters who use the buoys as long term moorage. Their actions prevent legitimate short-term visitors from using the buoys, frustrating the very purpose for which the buoys were installed by the City. In addition, these boaters have refused to pay the moorage fees, in effect obtaining free long term moorage at the expense of the visiting boaters and the City. Their actions have encouraged other boaters to ignore the rules. Therefore, it is recommended that the City take action and that the Director of Legal Services be authorized to commence legal proceeding to enforce the three day limit on moorage at Charleson Bay and to recover the fees due.

FINANCIAL IMPLICATIONS

The City has spent over $60,000 in capital costs installing the moorage buoys. The $15/day user fee was meant to recover some of these costs and to help cover annual operating costs.

Because of the refusal of certain boat owners to pay the user fees, the City currently loses $15/day per buoy. Although the legal expenses may exceed the fees recovered in any individual action, pursuing the lost revenue is imperative. Otherwise, this long term abuse of the moorage buoys without legal action by the City sets a precedent for other boat owners to use the buoys without paying. Aside from the lost revenue, this long-term unauthorized use is preventing the City from providing the short-term transient moorage space which the buoys were intended to provide.

SOCIAL IMPLICATIONS

The moorage buoys were installed to provide short-term moorage for visiting boats. The abuse of this facility by some boaters is preventing legitimate transient boaters from using it.

CONCLUSION

Some users of the Charleson Moorage buoys are currently abusing the facility provided by the City by ignoring the three day limit and by not paying the user fee. It is recommended that Council authorize the Director of Legal Services to commence, at her discretion, legal proceedings to enforce the rules concerning the three day maximum stay and to collect unpaid user fees.

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APPENDIX A

Charleson Bay Moorage Buoys
Rules of Conduct

Welcome to Vancouver and to False Creek! The following rules apply to all users of the Charleson Bay moorage buoys. Please direct any questions regarding the moorage buoys to:

Burrard Bridge Civic Marina at 908-8739 or 733-5833

1. Use of the moorage buoys is on a first come basis. Vessels must register and pay a mooring fee of $15 (including GST) per day upon arrival.

2. Check-out time is 12 noon.

3. The moorage buoys are intended as short-term visitor moorage. The maximum length of stay is 3 nights in any 2 week period. If there are vacancies, this limit may be relaxed at the discretion of the manager.

4. The moorage buoys are marked with the water depth at extreme low tide; please check the tide table charts to ensure that there is adequate clearance for your vessel for the duration of your stay.

5. Vessel owners/operators are responsible for the safe mooring of their vessel.

6. The moorage buoys are intended for use of vessels up to 40 feet (12.2 m) in overall length only. Any vessels greater that 40 feet will be towed.

7. Overboard discharge is not permitted. Holding tanks must be emptied at a pump-out station. Pump out stations in False Creek are located at Heather Civic Marina (874-2814), Burrard Civic Marina (733-5833), and at the False Creek Yacht Club (682-3292).

8. Vessels must minimize wakes at all times while in False Creek and must not exceed the maximum speed of 5 knots.

9. Anchor lights must be displayed from dusk to dawn.

10. Rafting of vessels is not permitted

11. The buoys are located in the vicinity of private residences ashore and two nearby live aboard marinas. Generators, loud noise and late night parties are not permitted.

12. Dinghies are not permitted on the seawall. Access to the south shore is via the dock located at Stamp's Landing east of Heather Civic Marina. Alternatively, you may contact Aquabus on VHF Channel 73 to arrange for pick-up.

Thank you for your cooperation.

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(c) 1998 City of Vancouver