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HomeMy WebLinkAboutMINUTES - 10251983 - 2.6 G �0: BOARD OF SUPERVISORS FROM: M. G. Wingett, County Administrator Contra Costa DATE: October 17, 1983 @ County SUBJECT: High Water Delta Speed Limit Ordinance SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION That the Board of Supervisors approve the concept of using an emergency resolution as provided by existing ordinance and State law during times of high tides, heavy runoff and flooding in the Delta in order to control speed to minimize damage to levees and property; authorize the Public Works Director and the Office of the County Sheriff-Coroner to make necessary preparations and acquire the needed temporary signs , at an approximate cost of $200 each, so they will be available for use should it be necessary to adopt an emergency resolution; and also order county staff (including the Planning Department) to work with the Delta Advisory Planning Council in an effort to seek a long-range solution to the speed control problem in the Delta area that would involve staff of the State Department of Boating and Waterways who have offered development of uniform regulations to be applicable throughout the Delta during flooding conditions. BACKGROUND AND JUSTIFICATION On May 3 , 1983, your Board directed County Counsel in conjunction with the Sheriff-Coroner and the County Administrator to draft an ordinance which would establish conditions limiting speed to 5 mph for boats in the Delta during periods of high tides, heavy runoff and flooding. Subsequent to that action, several meetings were convened with the Departments mentioned and a draft ordinance was presented to your Board on June 21, 1983 , which would accomplish the purposes outlined. As required by Harbors and Navigation Code Section 660 (a) , the draft ordinance was submitted to the State Department of Boating and Waterways for a 30-day review period. Following submission to the State Department of Boating and Waterways, the County received a letter on July 6 , 1983 from Carl D. Moore, Supervisor of Boating Safety and Regulations , who raised several issues with the proposed ordinance. As a result of the questions raised by the State, further meetings were convened including state officials from the State Department of Boating and Waterways and officials from the U. S. Corps of Engineers and U. S. Coast Guard to discuss the issues being raised. As a result of these discussions, three alternatives evolved to address flooding problems which are as follows: CONTINUED ON ATTACHMENT: X YES SIGNATkYW / / ; / II - RECOMMENDATION OF COUNTY ADMINISTRATOR REEC-O'MM-SENDDfffA///TION OF BOARD COMMITTEE _APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON October 25 , 19 - APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT 6 ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT'COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED ©a- 'Zs/9P.3 J.R. OLSSON, COUNTY CLERK AND EX OFFICIO CLERK OF THE BOARD 188 Maesh-ea BY Ott:"' 'a DEPUTY -2 1. A modified ordinance could be developed for resubmission to the State Department of Boating and Waterways for their 30-day review, which would resolve the exceptions they found with our previously submitted ordinance. If wording were to be included in the new proposed ordinance which would address and solve problems they found, the cost to the County in order to implement the provisions being proposed would be approximately $20 , 000 to build and install 22 permanent enforcement signs at designated points throughout the Delta; $4 ,400 to maintain these signs per year and approximately $40, 000 to accurately determine a uniformly high water elevation at which the 5 mph speed limit would go into effect. The cost to develop and maintain this system would approximate $64 , 400 in the first year, and $4 ,400 in years thereafrer. Considerable time would be required to build and install the signs as well as an estimate of 50 days of a survey crew' s time to run level circuits from the various bench marks throughout the Delta. It is doubtful all of this could be accomplished on time to be of use in fiscal year 1983-1984 . 2. The State Department of Boating and Waterways suggested that Contra Costa County join with other Delta counties and request the State to work in conjunction with the Delta counties to develop uniform regulations to be promulgated by the State Department of Boating and Waterways that would be in effect throughout the Delta during certain high tides , heavy runoff and flooding conditions . If this approach is to be pursued, the matter should be taken to the Delta Advisory Planning Council (DAPC) and discussions should be opened to determine whether or not there is common interest in pursuing this alternative. The major disadvantage to this alter- native is that it will take a considerable length of time to develop the regulations in conjunction with the participation of the State Department of Boating and Waterways and other State officials that may become involved. It is not feasible to have this accomplished for 1983-1984. 3. A resolution could be adopted which would meet specific needs to control speed in certain waterways in the Delta area under emergency conditions. A sample resolution (although not fully complete) of this nature is attached. This alternative is available to your Board now under Ordinance Code Section 410-4 . 002 and Section 410-4 . 004 and also under Harbor and Navigation Code Sections 660 (c) and 662 . These laws provide that the Board of Supervisors by resolution may designate speed control areas which are speed zones in which no vessel may be operated at a speed in excess of 5 nautical miles per hour. The resolution would establish certain time periods under which these controls were in effect and would establish certain areas within the Delta in which the controls were in effect. The resolution would be in force up to a 60-day period from date of adoption and could be extended by the State Department of Boating and Waterways. In conjunction with your Board being able to adopt this resolution under conditions which warrant it, the Office of the County Sheriff- Coroner would place needed temporary signs at required locations to further inform users of the Delta that speed controls were in effect. Public Works estimates that the cost of these signs would be $200 each and would have ten made in advance at an approximate cost of $2 ,000. The signs could be removed after the emergency has passed, and maintenance would be held to a minimum. CONCLUSION After a thorough review of the three major alternatives discussed, it is our conclusion that to resolve the immediate problem Alternative No. 3 should be employed. It also seems desirable to have this matter brought before the Delta Advisory Planning Council (DAPC) for study and recom- mendation to the participant Board of Supervisors so that appropriate long-range action can be taken. For this purpose DAPC should utilize the service offered by the State Department of Boating and Waterways to establish uniform regulations throughout the Delta. The first alternative has not been recommended because of the costs involved. CC: J. B. Clausen A. A. Dehaesus U.S . Corps of Engineers R. K. Rainey M. G. Wingett U.S. Coast Guard J. M. Walford State Dept. of Boating C. Williams and Waterways 189 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , CALIFORNIA Re : Speed zones established ) RESOLUTION NO . 83/ on certain waterways in ) Delta area . ) (Ord .C . §§410-4 .002 & 410-4 .004 ; Harb . & Nay . Code §§660(c ) & 662) The Contra Costa County Board of Supervisors RESOLVES THAT: It has been brought to this Board ' s attention that during periods of high tides and/or high flow in Contra Costa County' s Delta wind, wave (including passing boat wakes) and tidal action cause damage to levees endangering the safety of persons and pro- perty by resulting levee failure and island flooding. The Sheriff has indicated that a study by the State of California' s Department of Boating and Waterways concluded that significant levee errosion is caused by the wake of passing boats . Contra Costa County Ordinance Code §§410-4 .002 and 410-4 .004 provide that the Board of Supervisors by resolution may designate slow areas which are speed zones in which no vessel may be operated at a speed in excess of five nautical miles per hour . Pursuant to Ord . C . §410-4 .004 during the following listed time periods the hereinafter designated Delta waterway areas are slow areas : 1 . Time Periods . a . (From date , time to date , time] b . (From date , time to date , time] . 2 . Slow Areas . a . b . Pursuant to Harbors and Navigation Code §66O(c ) this is an emergency regulation effective immediately on its adoption and remains in effect during, the time periods set forth above which tic not exceed 60 days from its adoption . Tt, is necessary that, this regulation be immediately effective in order to insure the safety of persons and property during, the above specified periods or Delta high tides and high flow by preventing wakes from boats tra- veling in excess of five nautical miles per hour which can breach weak levies , cause island flooding, increase the erosion of lever crowns (and the possibility of damage to marina property and farm lands ) , and damage wildlife habitat areas . The Clerk of this Board is directed to file a certified copy of this resolution in the office of the State Department of Boating and WaterWays . . PASSED , 1983 , unanimously by Supervisors present . ---Y- RESOLUTION 83/ 190