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Report regarding an ordinance adding Chapter 8.78 (“Mooring Regulations”) to the South San Francisco Municipal Code to provide regulations for mooring in the City’s navigable waterways. (Rich Lee, Assistant City Manager; Kimia Mahallati, Assistant City Attorney)
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RECOMMENDATION
Recommendation
Staff recommends that the City Council adopt an Ordinance adding Chapter 8.78 (“Mooring Regulations”) to the South San Francisco Municipal Code to provide regulations for mooring in the City’s navigable waterways, and waive further reading.
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BACKGROUND/DISCUSSION
On August 28, 2024, the City Council introduced and conducted a first reading of South San Francisco Municipal Code (SSFMC) Chapter 8.78 (“Mooring Regulations”) to provide regulations for mooring in the City’s navigable waterways.
(Introduced on 8/28/24, Vote 5-0)
As of July 9, 2024, there were six vessels in the Oyster Point Cove area that were not connected to a slip at a dock and occupying public property, otherwise known as “anchor-outs.” The presence of anchor-out vessels in the Oyster Point area has been an ongoing issue for the City of South San Francisco. In addition to being a blight on the City’s navigable waterways, anchor-out vessels are a health and safety risk to water quality. The purpose of this addition to the South San Francisco Municipal Code (SSFMC) is to provide the City with the authority to more effectively manage these vessels and ensure that the navigable waterways are used for recreational purposes and not for habitation, as well as to prevent the degradation in water quality and loss of aquatic habitat that may occur from unregulated anchor-outs.
The City of Oakland, City of Sausalito, the Richardson Bay Regional Agency and the Counties of Contra Costa, Sacramento, and Solano have all adopted local ordinances in coordination with the Bay Conservation and Development Commission (BCDC) to supplement those in the State Boating and Waterway codes to establish rules around how long and where mariners can anchor, and to enable enforcement if the anchoring rules are not followed. The proposed SSFMC Chapter 8.78 largely follows the model of the City of Sausalito’s ordinance. The collaborative efforts in the North Bay and Delta regions provide for better enforcement and compliance than a singular agency adopting and enforcing a mooring ordinance, as non-compliant vessels would likely shift to agencies that do not have a mooring ordinance in place. Staff has apprised other agencies in San Mateo County of the City’s ordinance to encourage a regional approach in San Mateo County.
Notable Ordinance Provisions
Other than authorized vessels, SSFMC 8.78.070 states that vessels must have authorization from the Chief of Police to be in the harbor or marina areas for longer than 10 hours.
Pursuant to SSFMC 8.78.110 (B), vessels left in City waters or beached for 72 or more consecutive hours may be moved or caused to be removed by the South San Francisco Police Department. The registered and legal owner of the vessel can secure the release of the vessel by providing proof of ownership and payment of the costs and expense of removal, impoundment, and/or storage of the vessel.
Violation of SSFMC Chapter 8.78 is a misdemeanor and may be subject to a fine not to exceed $500 and/or imprisonment for up to 30 days.
FISCAL IMPACT
The City was able to partner with the San Mateo County Harbor District (Harbor District) to remove three vessels that burned in November 2023. The Harbor District was able to utilize its funding through the California State Parks Division of Boating and Waterways (DBW) Surrendered and Abandoned Vessel Exchange (SAVE) grant.
While adoption of this ordinance does not have a fiscal impact, the City will likely need to augment its operating budget in the future and enter into on-call agreements to remove and store vessels that are in violation of SSFMC Chapter 8.78 due to the limited amount of SAVE grant funds that the Harbor District is able to utilize in partnership with the City in the future.
RELATIONSHIP TO STRATEGIC PLAN
SSFMC Chapter 8.78 promotes the Quality of Life element from the City’s Strategic Plan. Namely, to Build and Maintain a Sustainable City with high quality and accessible services, amenities and facilities for all residents.
CONCLUSION
It is recommended that the City Council adopt an Ordinance adding Chapter 8.78 to the South San Francisco Municipal Code to provide regulations for mooring in the City’s navigable waterways. The Ordinance will be effective immediately upon adoption.