Marina Ordinance Progress Report 3

Developments from the May 10, 2000 Waterfront Commission meeting

May 22, 2000


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)


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


No structure may be built for the purpose of berthing, anchoring or mooring vessels within the marina, without advance permission from the marina supervisor


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.