By-law to Regulate Overnight Anchoring oin City Waterlots in False Creek

ADMINISTRATIVE REPORT

Date: October 21,1999
Author/Local: P. Bremner/7920
RTS No. 1076

CC File No. 113

CS&B: November 4, 1999

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 Regulate Overnight Anchoring on City Waterlots in False Creek

RECOMMENDATION

THAT Council instruct the Director of Legal Services to bring forward a by-law to regulate overnight anchoring on the City-controlled waterlots in False Creek presently the area shown on Map I.

GENERAL MANAGER'S COMMENTS

The General Manager of Engineering Services and the Manager of Real Estate Services RECOMMEND approval of the foregoing.

COUNCIL POLICY

In December 1998, Council adopted a number of Blueways Policies and Guidelines for False Creek including those related to water quality, shoreline environment and moorage.

PURPOSE

This report seeks Council approval to prepare a by-law to regulate overnight anchoring on City-controlled waterlots in False Creek.

BACKGROUND

Boats are anchoring in False Creek without the permission of the waterlot owners. This has resulted in disturbances to the upland residents and some water users because of congestion, noise, garbage and pollution. There are currently approximately 30 boats anchored in False Creek.

To address this issue, a two-part program is being implemented. The first part, which is now complete, was to install mooring buoys in Charleson Bay to provide temporary moorage for visitors. The second part is to implement an enforcement program. This report provides the framework for an enforcement by-law.

In August of this year, the City installed 13 moorage buoys in Charleson Bay, False Creek, to provide legitimate spaces for visitors (see Map II). Prior to this, there were typically 20 to 30 boats in Charleson Bay and about 40 to 60 boats anchored in False Creek. As part of the buoy installation, courtesy notices were served to boats anchored in Charleson Bay requesting they vacate. Despite the moorage buoys and the clearing of Charleson Bay, anchoring continues to be a concern in False Creek.

DISCUSSION

False Creek can roughly be divided into three areas: False Creek north, middle, and south, each with different ownership and each with different enforcement abilities.

North Side of False Creek

The majority of the north side of False Creek is owned by Pacific Place Holdings Ltd. ("PPHL"). Discussions to date with PPHL indicate a willingness to cooperate and provide a coordinated enforcement of all of False Creek. PPHL has indicated they will provide enforcement on their waterlots using their private property rights.

Middle of False Creek (Navigable Channel - Between the Harbor Headlines)

The navigable channel is primarily owned by the Province. The Harbour Master of the Vancouver Port Authority, acting under the Canada Marine Act, prevents anchoring in the navigable channel. To date, anchoring has not been a problem in the navigable channel. The Harbour Master is also interested in a cooperative approach and will continue monitoring and enforcement of this area.

South Side of False Creek

Waterlots on the south side of False Creek are owned by either the Province or the City. The Province has the authority to prevent anchoring on its waterlots and City staff will continue to work with the Province to obtain their cooperation to prevent overnight anchoring on Provincial waterlots, unless specifically authorized.

A by-law is required to regulate anchoring on City-controlled waterlots. It is recommended the by-law prohibit overnight anchoring unless in a marina or at a designated moorage buoy and include the authority to impose fines and other enforcement procedures. Enforcement of the by-law would be provided by the Vancouver Police Department Marine Squad. When the by-law is returned to Council for approval, a recommended fine structure and the enforcement procedure will be detailed.

FINANCIAL IMPLICATIONS

There are no budget implications to this program. Existing staff within the Police Marine Squad will provide enforcement of the by-law.

ENVIRONMENTAL IMPLICATIONS

Implementation of the above recommendations is expected to improve the water quality in False Creek by regulating anchoring.

CONCLUSION

Moorage buoys have been placed in Charleson Bay to provide legitimate moorage for visiting boaters. Even with this in place, anchoring in False Creek continues to be a concern. The next step is to enact a by-law to regulate overnight anchoring.

ATTACHMENTS THAT DO NOT HAVE ELECTRONIC COPY ARE AVAILABLE ON FILE IN THE CITY CLERK'S OFFICE

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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 Regulate Overnight Anchoring on City Waterlots in False Creek