Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

General Manager of Engineering Services in Consultation with the Director of Current Planning

SUBJECT:

Application for a Boating Restriction Regulation in False Creek

 

RECOMMENDATION

COUNCIL POLICY

In December 1998, Council adopted the Blueways Policies and Guidelines, including:

    · Recreation, Tourism & Culture - develop a visitors greeting centre for boaters with information regarding visitor moorage, Coast Guard, customs, marine facilities, provisioning, safety and pollution issues, and tourist activities
    · Moorage - make use of permanent boat slips during periods of temporary vacancy for visitors and coordinate information and bookings through a central registration system. Increase permanent moorage capacity in False Creek, ensuring that any initiatives are consistent with the existing relevant policies and regulations. Provide short term daytime moorage and overnight moorage.

Other relevant policies and guidelines include:

    · The final Quayside marina design should consider inclusion of ... up to 10% live-aboards (Quayside Neighbourhood CD-1Guidelines, 1996)

    · Limit marina size and location to maintain a substantial water basin (FCCDD, 1974; False Creek North ODP, 1990).

    · Fees and charges should be established on the basis of providing the associated services or at market level where the service is provided in a market environment.

In February 2000, Council directed staff to report back on viable options for the future administration of False Creek following discussions with the appropriate Provincial and Federal agencies.

On May 10, 2001, Council approved a bylaw to restrict anchoring on City-controlled water lots in False Creek to a maximum of 14 days within a 30 day period.

SUMMARY
False Creek is a very busy, congested waterway which is in high demand by many users. Most other coastal water bodies with similar demand and use are regulated through existing port authorities or Small Craft Harbours. However, there is no such authority with a specific mandate to manage False Creek. The Canadian Coast Guard has the enabling legislation to manage anchoring in False Creek, but there is currently no specific limitation on the period of time a vessel is allowed to anchor.

In early summer 2001, the Coast Guard agreed to work with the City to investigate the anchoring issues and to look at the need for management of the situation through a BRR specific to False Creek. Some anchoring issues identified could be addressed by the City, such as availability of transient and live-aboard moorage, improved boater facilities, additional dinghy docks, garbage facilities for boaters, etc. but comprehensive anchoring restrictions that apply to the entire Creek must be done through the Federal government, specifically through the development of a new BRR under the Canada Shipping Act. This report is the first in a series of reports to address concerns in False Creek and recommends that the City apply for a BRR to regulate anchoring in False Creek.

PURPOSE
This is the first in a series of reports to address concerns in False Creek. This report deals with the issue of long-term anchoring and outlines the process to deal with other issues identified through public consultation. Staff recommend that the City apply for a Boating Restriction Regulation (BRR) for False Creek to regulate anchoring and the parameters of the BRR application are discussed herein.

BACKGROUND
False Creek is a very busy, congested waterway used by kayakers, rowers, visiting boaters, and commercial users and demands for its use by all types of users continue to increase. These uses, in combination with an increase in boat anchoring, have resulted in congestion, hazardous situations and questions of equity in False Creek. Vancouver is known as an "unfriendly"destination among the boating community, and currently many recreational cruisers bypass Vancouver in favor of places like Victoria and Nanaimo which have more transient anchorage and moorage available and more boating amenities.

Complaints have been received for many years regarding equitable use of the creek, increasing congestion in False Creek, lack of space for transient visitors, difficulties in manoeuvring and navigating, boats dragging anchor and drifting into docks and other vessels, lack of anchor lights, noise, garbage accumulation, direct sewage discharge, unacceptable public behaviour, perceived "free" housing/moorage, and poor condition of some vessels (both aesthetics and sinking hazard).

Most other coastal water bodies with similar demand and use are regulated through existing port authorities or small craft harbours. However, with the divestiture of False Creek by the Vancouver Port Authority in August 2000, there is no such authority with a specific mandate to manage False Creek. The Coast Guard has the enabling legislation to manage anchoring, but there is currently no specific limitation on the period of time a vessel is allowed to anchor. In early summer 2001, the Coast Guard agreed to work with the City to investigate the anchoring issues and to look at the need for management of the situation through a BRR specific to False Creek. The City of Vancouver, in consultation with the Coast Guard, conducted a public process to discuss anchoring issues and possible solutions in August and September 2001. The process that was undertaken and the results are summarized in Context Research Ltd.'s report entitled "False Creek Anchoring Management Plan - Report on the Public Consultation Process and the Input Received".

DISCUSSION
Overview
The public consultation process comprised four well-advertised open houses, a website which provided background information, an on-line questionnaire and a direct email link, and a project telephone information/comment line. Input was collected through the open houses, a survey, emails, letters, and/or voicemails from 281 participants. Of those that completed surveys and indicated how they used False Creek, 74% use False Creek for some sort of boating activity, including commercial operators, powered pleasure craft boaters from Vancouver and the lower mainland, as well as visiting boaters from Washington and the Sunshine Coast, and non-power boaters such as rowers, kayakers, canoers. About 60% of those that filled in surveys either lived or worked in the area, including those who lived in a marina or float home. Participants in the consultation process had varied interests and perspectives and raised many issues and potential solutions. Excerpts from the public consultation report which outline some of the concerns raised and ideas on possible solutions are attached as Appendix A.

Staff are continuing to review and are working to address the issues raised through the public consultation over the next several months and will report back to Council in early Spring 2002. Issues and ideas being evaluated include providing additional boating facilities such as garbage facilities, a Boating Information Center, and additional docks, and increasing live-aboard and transient moorage space. Although the public consultation was focused on anchoring issues and not sewage discharge from boats, the issue of sewage discharge was raised frequently. Action on this issue is already underway through the City's sewer separation program and the application which is before Provincial and Federal authorities requesting that False Creek be added to the Pleasure Craft Sewage Regulation.

This report deals with the long-term anchoring of boats in False Creek. Comprehensive anchoring restrictions must be done through the Federal government, specifically through the development of a new BRR. This issue is being considered first, in a series of reports, as an application for a new regulation must be submitted to the Federal government and it must be vetted through an extensive Federal process which will take a minimum of six to eight months. The actual timeline will depend on any issues which come up in the internal and public review, as well as other federal priorities. The Coast Guard in Victoria would draft the regulation based on the City's request and the public consultation and submit it to Ottawa for review, processing and possible refinement. Once internal review is complete, the proposed regulation is published in the Canada Gazette, Part I which provides the public a last opportunity to comment. The Federal Special Committee of Council then reviews comments received and if satisfied with the regulation, it is published in Canada Gazette Part II and becomes regulation.

Parallel to the Federal government processing the City's BRR application, a MOU must be negotiated with the Federal government over the next several months to determine the specifics around how the new BRR would be implemented, managed and enforced. It should be noted that if passed, the City would take on the implementation, management and enforcement of any new federal regulations for False Creek. However, the MOU could also address issues such as the division of responsibilities on the enforcement of existing regulation, such as maintaining a clear navigable channel. Anchored boats have been known to encroach upon the navigable channel, which can lead to difficulties in maneuvering for commercial and recreational boaters, as well as conflicts between vessels trying to share very congested waterway. A "no anchoring" envelope also needs to be enforced around marinas and ferry docks. Theses issues need to be addressed as part of a comprehensive anchoring management plan and could be dealt with through the MOU with Coast Guard.

Anchoring Restrictions
City staff have been working with the Coast Guard to review options which could help address some of the anchoring problems in False Creek. These options need to be approved by Council prior to the CCG proceeding with any new BRR. The issues that Council needs to direct staff on now are:

· whether or not to request Coast Guard pursue a Boating Restriction Regulation to restrict anchoring in False Creek,
· various time limits for allowable stays (i.e. short-term or long-term stays)

· whether length-of-stay extensions should be allowed to fill up available space or should more open water space be available for other users in times of lower demand
· whether the City would require a permit as part of any new regulation.

Need for Restrictions
The public process indicated a high level of concern regarding the current anchoring situation in False Creek and a high level of support for anchoring restrictions from all user groups except for long-term anchorers. The large majority of participants in the public process believed that people should not be allowed to live on or store their boats indefinitely in False Creek. Boaters were generally more tolerant of these activities than neighbours were, and respondents were generally more tolerant of people living aboard than they were of the practice of storing boats indefinitely. Based on this and the fact that the majority of the reported problems would not be addressed without anchoring restrictions, it is recommended that the City apply for a BRR to regulate anchoring in False Creek.

Time Limits
Respondents to the public process survey were asked how long boaters should be allowed to anchor. Responses were as follows:
· 3 days or less was the maximum stay recommended by about 25% of respondents.
· Between 4 and 7 days was recommended by about 33% of respondents
· 14 days was recommended by about 16% of respondents
· 21 days or more was recommended by about 10% of respondents
· About 10% of respondents stated that there should be no length-of-stay restrictions

Other respondents suggested that if there was not demand for anchoring space in the Creek, that extensions be allowed until such time as there was more demand.

This information shows that about 75% of respondents supported a limited, short term stay. In addition, a survey of the operators of 136 boats in False Creek in 1999 showed that only 4 visiting boaters planned to stay longer than 1 week, and only 2 visiting boaters planned to stay longer than 2 weeks. Of the two boaters planning to stay longer than two weeks, one planned to stay 3 weeks and the other 1 month. Based on the above, it is believed that allowing anchoring for a 14 days within a 30 day period would be reasonable and accommodate the majority of transient boaters.

Extensions During Time of Low Demand
About 60% of the respondents were generally supportive of having some flexibility in the length of time boaters can anchor during times of low demand. However, most of those that supported flexibility in the allowable length of stay still felt that there should be a maximum allowable time to anchor, or a "cap", regardless of demand. The maximum time frame suggested generally ranged from 1 day to 6 months, with the majority responding one month or less.

To address the public input of allowing extensions during periods of lower demand, it is recommended that anchoring be allowed for an additional 7 days, for a total of 21 days in 40 days during the winter months, from October 1 to March 31. This would allow those wishing to stay for a longer visit to do so, and as there has historically been less demand for anchoring space in the winter months, their extended stay would not likely be at the expense of allowing another visiting boater anchorage.

Such a regulation would still accommodate the large majority of recreational and transient boaters, and for those transient boaters that do want to stay longer, there may be space available in marinas in Vancouver and the Lower Mainland. This will also allow for some open water in False Creek during periods of lower demand to allow additional space for other more active uses, such as rowing, kayaking and dragon boating. However, a maximum allowable stay, regardless of demand, would displace boaters who are currently living or storing their boat in False Creek long-term. An alternative option would be to not have a maximum length of stay, but rather allow boats to continue anchoring in False Creek until there is demand for the space. This option would permit longer-term live-aboard use and boat storage when demand is low. This option is not recommended as the situation in the winter months would be essentially the same as it is currently.

Permit/No Permit
The BRR could be managed either with or without a requirement in the regulation to have a City of Vancouver issued permit. Without a permitting system, enforcement could either be done through continuous monitoring or on a complaint basis and long-term anchored boats could still be dealt with. However, the public indicated a preference for a permitting system as it offered opportunities to better manage False Creek in the long-term. Occasional boaters, small recreational boaters, and commercial users were also generally supportive (about 65-87% in support). A permitting process would offer the following benefits:

The permitting operation would likely be managed out of one of the civic marinas in False Creek. If the Council supports applying for a BRR with a requirement for a City permit, the City will be committed to providing such a permit and the associated administrative costs. Once in place, a new regulation would not be reviewed for several years, and thus it should be understood that this would be an on-going operational cost and commitment.

Impacts of the recommended BRR
A BRR as described herein would have many implications on False Creek, such as:
· False Creek will be a place for active and short-term use only
· reducing long-term storage/abandoning of vessels in False Creek
· displacing boaters who are currently living at anchor on False Creek
· reducing congestion and provide more open space in the creek to allow for other uses such as rowing and dragon boating, particularly during periods of lower demand.
· reducing user conflicts, accidents, near misses, and vessels dragging anchor because they do not have sufficient anchoring line out.
· ensuring that there is some turnover to allow other boaters to anchor in peak demand periods - about 70% of boaters who sometimes use or operate a boat in False Creek and completed the survey reported lack of transient anchorage in False Creek as an issue they were concerned about.
· improved safety (possibly including displaying lights, requiring minimum construction standards if included within a permit requirement)

FINANCIAL IMPLICATIONS

Implementation of a BRR would be done by the City of Vancouver, and there would be minor capital costs and on-going operating costs, regardless of whether there is a permitting system or not. The financial implications of various management options need to be evaluated over the next few months and options developed for Council consideration.
On-going operating costs would vary considerably depending on the management and enforcement plan. Enforcement on a compliant basis only and without permits could range from $15,000 to $20,000 per year, assuming that monitoring would be done as required by bylaw officers.

A system managed through permits could cost about $35,000 per year, most of which may be able to be recovered through a permit fee. The permit approach assumes management through one of the two civic marinas, with staff dedicated about 4 hours per day to issuing permits and managing anchoring during the summer months. It is expected that the required staff time during the winter months would be substantially lower. Enforcement with this option could be done periodically by either Police or bylaw officers checking for valid permits. The number of visiting boats which would require a permit is not known at this time, nor are the allowable permit fees, which must be negotiated with the Coast Guard in the MOU. Thus, for decision-making purposes, the estimated cost for a permitting system does not include potential cost recoveries at this time. These costs are estimates and further refinement is required once the MOU with the CCG is developed, which will include specifics on how the regulation would be implemented, managed and enforced. Additionally, these operating costs are also contingent on the number of boaters anchoring in False Creek.

SOCIAL IMPLICATIONS

One of the messages heard through the public consultation process was a strong desire for False Creek to be managed in such a way that it would allow fair, equitable access for all users, and that perceived inequity issues need to be addressed. There are a finite number of safe anchoring spaces in False Creek, and if there are a core number of boats who are either living on or storing their boats in False Creek long-term, it can be at the expense of other users, particularly in times of high demand. Staff have received feedback in the past and again through this public process that there is a lack of transient space in False Creek for visiting boaters. A federal anchoring restriction which limits the amount of time a boater can anchor would ensure some turnover in the False Creek during busy months, and allow fair and equitable access to the entire Creek for all users. Additionally, the restriction would help address some of the other perceived inequity issues around the long-term anchoring of boats.
If Council supports applying for a BRR which has a maximum allowable stay, regardless of demand, boaters who are currently living or storing their boat in False Creek will be displaced. Situations of boaters who are currently living in False Creek vary, and include:

It is estimated that there are approximately 25 long-term live-aboard vessels anchored in False Creek, and an additional 25 vessels that are being stored there long-term. At a minimum, staff would offer to assist any displaced live-aboard boaters, in particular those with low incomes, find other land-based accommodation, and would provide at least 3 months notice from the time the BRR comes into effect to allow people sufficient time to make alternative arrangements. This notice and provision of service is similar to that offered to land-based residents.

CONCLUSION

This report is the first in a series of reports to address concerns in False Creek and recommends that the City apply for a Boating Restriction Regulation to regulate anchoring in False Creek. Implementing a Boating Restriction Regulation as outlined herein would help address many of the reported problems in False Creek and allow access for a greater number of vessels. Staff are continuing to review and are working to address the other issues raised through the public consultation over the next several months and will report back to Council in early Spring 2002. Issues and ideas being evaluated include providing additional boating facilities such as garbage facilities, a Boating Information Center, and additional docks, and increasing live-aboard and transient moorage space.

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Appendix A - Excerpts from the report prepared by Context Research Ltd. entitled "False Creek Anchoring Management Plan -Report on the Public Consultation Process and the Input Received"

(NOTE FROM CLERK: Appendix A is not available in electronic form - on file in the Office of the City Clerk.)

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