Marina Ordinance Progress Report 3
Developments from the May 10, 2000 Waterfront Commission meeting
May 22, 2000
Summary:
The Commission adopted my recommendations on all the "housekeeping"
issues, with only minor wording changes. The major outstanding issue
is the status of the bait shop.
Here are the changes adopted by the Waterfront
Commission at the May 10 meeting:
6.20.10: New or revised definitions
New Definition of vessel length: "overall"
and "extreme." (from 6.20.160)
Existing:
Length of the vessel means the overall
length of the vessel in the as-berthed
configuration. The length includes bow
and stern rails, rudders, boomkins,
outboard motors and brackets, and
mizzen booms (unless raised for
berthing), and any other extensions.
Changed to:
Length of the vessel for the purpose of
determining berth fees means the
extreme length of the vessel including
all equipment and extensions.
Added to definitions:
Extreme length: The length from the
forwardmost part of the vessel and
equipment to the aft-most part of the
vessel and equipment, measured
horizontally and parallel to the
vessel's longitudinal axis. This
measurement includes but is not limited
to bow and stern rails, bowsprits,
anchor chocks, anchors, furling drums,
outboard motors, stern drives,
propellers, rudders, outboard brackets,
antennas, barbecues, dinghies, booms
and mizzen booms as stowed for
berthing. Outboard motors and stern
drives are measured in the tipped-up
position, if this is how they are
normally stowed for berthing. The
measurement does not include dock
lines, fenders, or electrical cables.
New definition of Jetski or PWC (from 6.20.018)
Following guidelines from the National
Association of State Boating Law, "Model Act
for Personal Watercraft," add:
"Personal watercraft" shall mean any
vessel less than 16 feet long,
propelled by a water-jet pump or other
machinery as its primary source of
motor propulsion, designed to be
operated by a person sitting, standing,
or kneeling on, rather than sitting or
standing inside, the vessel."
Definitions of "professional marine
surveyor" and "seaworthy for navigation on
San Francisco Bay" (from 6.20.020)
Added definitions:
Professional marine surveyor: Person
who derives a substantial portion of
their income from surveying the type of
vessel in question, and who advertises
these services in local media.
Seaworthy for navigation on San
Francisco Bay: Capable of independently
navigating the central portion of San
Francisco Bay in typical summer
afternoon weather conditions, in safety
and with no significant probability of
requiring assistance.
Definitions of "private" and "public" docks (from 6.20.330)
Added definitions:
Private dock: A dock or berthing space
under exclusive control of a berther,
licensee, or organization.
Public dock: A dock or berthing area
not under exclusive control of a
berther, licensee, or organization.
6.20.080: Care in berthing vessels
Added section D:
No part of any vessel's hull or equipment,
including but not limited to bowsprits, bow
rails, booms, and anchors, and hoisted
dinghies shall overhang the dock.
6.20.160: Policy statement for floating lift
docks
Existing:
No structure may be built for the purpose of
berthing, anchoring or mooring vessels
within the marina, without advance
permission from the marina supervisor
Added:
Floating lift docks are generally acceptable
provided a special agreement is signed to
insure that the owner is responsible for
removing failed or damaged lift dock
equipment.
6.20.230: Appeals procedure, filing time limits,
means of obtaining objective arbitration and
objective survey.
(No action here. Issues in this area were first raised by Dick
Wolgast several months ago, but he was out of the area
for the May meeting. It might be taken up again before
the Ordinance revision is finalized.
6.20.330 Bait shop exclusivity for bookings and gear
rental
No action here either. It will probably end
up in front of the City Council for a final decision.
Meetings with fish boat operators, marina staff, and
Waterfront Commissioners continue. As a minimum, it
is hoped that two clear alternatives can be presented
to the Council.
6.20.330: (E), Charter vessel fees
Deleted: "The purpose of said fee is to compensate
the City for services and benefits provided to
such vessels through maintenance and improvement
of the Berkeley Marina and associated public
facilities."
Marina Ordinance Agenda Items still pending:
6.20.230: Appeals procedure, filing time limits, means of obtaining
objective arbitration and objective survey.
6.20.330: Bait shop exclusivity for bookings and gear rental.
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