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Report regarding an ordinance amending Chapter 8.78 (“Mooring Regulations”) of the South San Francisco Municipal Code (Rich Lee, Assistant City Manager; Sky Woodruff, City Attorney)
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RECOMMENDATION
Recommendation
It is recommended that the City Council introduce an ordinance amending Chapter 8.78 (“Mooring Regulations”) of the South San Francisco Municipal Code and waive further reading.
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BACKGROUND/DISCUSSION
On September 11, 2024, the City Council adopted an ordinance that added Chapter 8.78 (“Mooring Regulations”) to the South San Francisco Municipal Code (SSFMC). The Mooring Regulations provided the City with greater authority over its navigable waters to address public and environmental health and safety concerns that largely impact the Oyster Point area.
Since adoption of the Mooring Regulations, staff from the Office of the City Manager has worked with the Code Enforcement Division of the Public Works Department and the City Attorney’s Office on enforcement of the ordinance and collaborated with other agencies, including the San Mateo County Harbor District and the United States Coast Guard. The following amendments are recommended to further improve the City’s ability to address the ongoing public and environmental health and safety issues in the City’s navigable waters:
• Added language to define what type of emergencies would qualify for exception under Section 8.78.080:
o An occupied vessel is actively sinking/taking on water; or
o A vessel that has an active fire on board; or
o A vessel that has an in progress criminal activity occurring; or
o A life-threatening emergency; or
o Any other unexpected emergency that poses potential death or serious bodily injury if not immediately acted upon.
• Removed Section 8.78.050 Public nuisance. Removal of this language broadens the definition of public nuisance to the City’s existing public nuisance language that currently exists in SSFMC Section 8.54.070(k)(3).
• Revised Section 8.78.060 to declare the City waters as an open water area (rather than limit to Oyster Point).
• Revised Section 8.78.070 to broaden written permission to be from the City (rather than limited to the Chief of Police)
• Revised Section 8.78.110 (b) to broaden authority for removal of vessels which have been left in City waters or beached for 72 or more consecutive hours to the City (rather than limited to the South San Francisco Police Department)
FISCAL IMPACT
While introduction of the amendments to Chapter 8.78 of the SSFMC does not have a financial impact, enforcement of the City’s Mooring Regulations Ordinance will require additional budget appropriations to enter into on-call agreements with marine salvage and marine surveyor entities for removal of non-compliant vessels.
RELATIONSHIP TO STRATEGIC PLAN
The amendments to the City’s Mooring Regulations Ordinance promote the City’s strategic priority of Quality of Life, by addressing public and environmental health and safety issues in the City’s navigable waters.
CONCLUSION
Introduction of the ordinance amending the City’s Mooring Regulations enhances the City’s ability to enforce and address quality of life matters in the City’s navigable waters.