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HomeMy WebLinkAboutMINUTES - 12072004 - D2 BOARD OF SUPERVISORS Contra FROM: Federal D. Glover, Supervisor, District 5 .' Costa DATE: December 7, 2004 �;' County SUBJECT: Vessels Ordinance SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS. CONSIDER introducing Ordinance No. 2004-44 to establish vessel sanitation and mooring regulations, waiving reading, and fixing December 14, 2004 for adoption. FISCAL IMPACT: If the ordinance is adopted, enforcement costs will depend on the number of ordinance violations. Some enforcement costs may be recovered by placing liens on vessels removed from waterways and stored by the Sheriff. BACKGROUND: The attached ordinance was developed to address several problems related to vessels -- vessels moored in waterways for unlimited periods of time, vessels used as houseboats or liveaboards without proper sanitation devices, and vessels that create harmful wakes while operating near docks and wharves. These problems are particularly serious in the Delta, This ordinance is intended to protect the health, safety and welfare of residents, boaters, and users of County waterways; protect and enhance the aesthetic value, natural beauty, and scenery of waters within the jurisdiction of the County; protect and enhance the value of County waterways as a public attraction and recreation area; regulate vessel sanitation; reduce the amount of pollution in County waterways; improve water quality; prevent potential hazards to navigation; and prevent injury to persons and property. A summary of the proposed regulations follows. 1. General Mooring Regulations The ordinance establishes mooring and anchoring time limit for vessels. Under section 410-8.002, no vessel may be moored or anchored at any location in the County for more than 96 hours, unless a different section of the vessels ordinance authorizes a different restriction. Section 410-8.006 allows any vessel except a houseboat to be moo d at any dock or Bina for an CONTINUED ON ATTACHMENT: X YES SIGNATURE- ----------- IGNATURE ,,�, /��• ,: �§ ------------------------------------_-----_---------_----_--_---_--___--------------------------------- — ----- ----------- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES) ----------__—-----------------------_------------------__-_----- BOARD ON PPr OVE ASRECr714Cfi OD'ED OTHER /6 ' VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X UNANIMOUS(ABSENT l ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: 1/"t ' ATTESTED 1�7 2 Z2_ '- CONTACT:Thomas L.Geiger,335-1813 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: Sheriff's Office,Marine Patrol Division County Counsel i r DEPUTY tt:120oaCde enlarsmanttYvata+nosrc.+nrder.wpct r BACKGROUND (continued unlimited period of time, as long as the dock or marine has proper permits. If a vessel is moored in a marina, it must comply with all permit conditions imposed upon the permitted marina. Section 410- 8.010 prohibits a property owner from allowing a vessel to be moored on his or her property in violation of the vessels ordinance. 2. Houseboat Mooring Regulations The ordinance has similar mooring restrictions for houseboats, but these restrictions also require any 'houseboat moored at an allowed location to have specified sanitation equipment. A houseboat is defined in the ordinance as a vessel capable of being used for self-propelled navigation that is used or designed to be used for human habitation. For purposes of this ordinance, a vessel used as a liveaboard vessel is included under the definition of houseboat. Under subsection (a) of section 410-8.008, a houseboat may be moored in a permitted marina for an unlimited amount of time, but only if the houseboat has a legal marine sanitation device, has a self-contained toilet or other self-contained sewage receptacle, or is legally connected to a permitted public sewer system. Subsection (a) also requires a houseboat moored in a marina to be capable of self-propelled navigation and to be moored in compliance with all applicable marina permit conditions and applicable state and federal laws. Under subsection (b) of section 410-8.008, a houseboat may be moored or anchored at a dock for an unlimited amount of time, or in a waterway for up to 30 consecutive days, provided that the houseboat has a legal marine sanitation device or a self-contained toilet or other self-contained sewage receptacle. Subsection (b) also requires a houseboat moored at a dock or in a waterway to be capable of self-propelled navigation, not to obstruct navigation, and to be moored in compliance with all applicable state and federal laws. The ordinance distinguishes between a vessel and a floating home. A floating home is a stationary structure that is incapable of being used for self-propelled navigation and is used or designed for purposes typically associated with a land-based structure, such as a residence. Because a floating home is not a vessel, it is subject to, among other things, applicable zoning and building approvals. (Section 4103-2.004.) The ordinance also provides that a structure may be classified as a floating home or floating structure for purposes of this ordinance even if it is registered as a vessel with the California Department of Motor Vehicles. (Section 410-2.004.) The Sheriff's Marine Patrol Division and County Building Inspection Department have found that some houses and other permanent structures built on docks or piers are registered as vessels with the DMV, even though these stationary structures are incapable of being used as a means of transportation on the water. 3. Vessel Wakes The ordinance also is intended to address problems caused by wakes from vessels operating in designated speed zones. These problems include damage to docks, shorelines, and other vessels. Existing designated speed zones include Piper, Taylor, Sandmound, and Dutch sloughs near Bethel Island, and Kellogg Creek and the waterways south of Indian Slough near Discovery Bay. Section 410-4.004 of the proposed ordinance prohibits persons from operating a vessel in a speed zone in such a manner that the vessel's speed creates a wake that causes or raises a white crest from the moving vessel. The proposed ordinance applies to all waterways under the County's jurisdiction. These are waterways located in the unincorporated area of the County. The sheriff is authorized to enforce the vessels ordinance. The proposed ordinance has been reviewed by the California Department of Boating and Waterways. The department's comments have been incorporated into this ordinance. The department has determined that the ordinance does not exceed the County's authority under Harbors and Navigation Code section 660 to adopt regulations relating to vessels, and has concluded that the ordinance's mooring restrictions do not violate the California Constitution. Kf 20G4%C*"EnforcesnenflWzt®n3diR!0,V,0 00 ADDENDUM 111.2 December 7, 2004 On this day, the Board introduced Ordinance No. 2004-44 to establish vessel sanitation and mooring regulations. Sargeant Doug Powell, Sheriff's Office presented the staff report. The Chair invited the public to comment. The following persons presented testimony: D. Anderson, 4936 Sandmound Blvd, Oakley, Scott Benedict, Box 26, Bethel Island; James McCord, P.O. Box 351, Bethel Island; Bill Worrell, Sportsmen Yacht Club, 1200 August Way, Antioch; Sheryl Alverraz, Citizens for a Responsibly Cleaner Community, 3665 Porter Circle, Bethel Island; Lars B. Heinesen, Friendly Harbors LLC, 7000 Holland Tract Road, Brentwood; Lenora Clark, Recreational Boaters of California, 1747 Dolphin Place; Bob Lyman, Discovery Bay Property Owners' Association, 5691 Starboard Drive, Discovery Bay; Robert Hall,Delta Environmental habitat Research Foundation, 2522 Mankas Blvd, Fairfield; Freda Lucido, Sportsmen Yacht Club, 4557 Venner Road, Martinez; Robert Hall, 243 Pay Dirt Court, Camp Connell, Virginia; Linda Hall, 243 Pay Dirt Court, Camp Connell, Virginia; Jeff Conway, Reclamation District No. 800, 1540 Discovery Bay Blvd#A, Discovery Bay; Brad Pagnossin, #17, Bradford Island; Jim Price, P.O. Box 1417, Brentwood; Nanette Mae, Manager of Sam's Harbor, 4776 Sandmound Blvd, Oakley. Let it be noted,the vast majority of speakers declared their support for the ordinance, their concern lying in various parts of the wording they felt to be too vague. They expressed their appreciation for the effort put forth by the Sheriff's Office and District V. The Chair returned the matter to the Board for further discussion. Supervisor Uilkema clarified for the record, in response to a concerned speaker, that many land-based areas have regulations regarding time limitations for the storage and or parking of live-aboard vehicles such as motorhomes, and trailers (those for recreational use, not occupied as a home). Supervisor Glover noted that there were many questions regarding the clarity and intent of the ordinance. Sargeant Powell noted it was not the spirit or intent to place time restrictions on permitted vessels from the dock. It was noted in answer to speaker concerns that permits issued by the Army Corps of Engineers would be recognized as valid, and that houseboats were certainly acceptable as long as the proper sanitation measures were in place. The Sargeant assured everyone that the ordinance would be reworded in order to improve understanding of its provisions. The Supervisors expressed their appreciation to all involved in the long process of drafting the ordinance, and the public for their positive suggestions and participation. As requested by Supervisor Glover in concurrence with the Sheriff's Office, IT IS BY THE BOARD ORDERED that consideration of the Draft Ordinance 2004-44 is CONTINUED to January 18, 2005. (AYES: I, H, II, IV, V NOES: None ABSENT: None ABSTAIN: None) ORDINANCE NO. 2004-44 ` VESSEL SANITATION AND MOORING The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance adds definitions pertaining to vessels, establishes regulations to control vessel sanitation and pollution, establishes vessel mooring and anchoring regulations, and establishes houseboat mooring and sanitation regulations. (Ord. 2004-44 § 1.) SECTION II. The title of Division 410 is amended to read: Division 410 VESSELS AND WATER SAFETY SECTION III. Section 410-2.004 is repealed in its entirety and is replaced by new Section 410- 2.004, added by this Section III, to read: 410-2.004 Definitions. Unless the context otherwise rewires, the words and phrases used in this division have the meanings given them in Chapter 5 of Division 3 (Section 650 et seq.) of the California Harbors and Navigation Code. The following words have the following meanings for purposes of this division: (a) "Floating home" or"floating structure"means a structure that has the following characteristics: (1) It is a stationary structure in, on, or above the water that is: (A) permanently grounded; or (B) supported by a flotation system and held in place by piling or mooring devices; or (C) placed on or otherwise affixed to a foundation, dock,piling,walkway, gangway, pier,barge, or other permanent structure. (2) It is incapable of being used for self-propelled navigation. (3) It is designed and built to be used, or is modified to be used or is used,to serve purposes or provide services typically associated with a structure on or other improvement to real property. The term "floating home" or "floating structure" includes ORDINANCE 2004-44 1 a structure that is used as a residence,place of business or office with public access, hotel or motel,restaurant or lounge,clubhouse, meeting facility, storage or parking facility,mining platform, or similar facility or structure represented as such. Incidental or limited movement of a structure upon water or resting partially or entirely on the bottom does not preclude the structure from being classified as a floating home or floating structure for purposes of this Ordinance Code. Registration of a structure as a vessel with the California Department of Motor Vehicles does not preclude the structure from being classified as a floating home or floating structure for purposes of this Ordinance Code. A houseboat that is pennanently moored or grounded and is incapable of self-propelled navigation is a floating home for purposes of this Ordinance Code. Floating homes and floating structures are expressly excluded from the definition of the term"vessel"provided in this section. (b) "Garbage"has the meaning set forth in Health and Safety Code section. 117475. (c) "Houseboat"means any vessel, supported by means of flotation and capable of being used for self-propelled navigation,that is used or designed to be used or fitted out to be used for human habitation. A"houseboat"includes a liveaboard vessel. (d) "Moor"means to make fast, tie up, or otherwise secure a vessel other than by anchoring. "Moor"includes to attach to a dock,pilings, walkway, gangway, pier, or other structure. (e) "Sewage"has the meaning set forth in Harbors and Navigation Code section 775.5(4). (f) "Shore"means that part of the land in immediate contact with a waterway, including the area between high-tide and low-tide marks or between high-water and low-water marks. (g) "To anchor"means to secure a vessel within a waterway by dropping an anchor or anchors to the bottom of the waterway. (h) "Vessel"means every description of watercraft used or capable of being used as a means of transportation on the water, except: a seaplane on the water; or, a watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled. A"vessel"includes a barge, a dredge, a towboat and its tow, and a houseboat. (j) "Waterway"means any water, lake,river, creek, canal,lagoon,bay, inlet,slough, channel,or tributary situated within the county, or any water area situated within the county providing access for vessels from one place to another. (Ord. 2004-44 § 4.) SECTION IV. Section 414-2.446 is amended to read: ORDINANCE 2444-44 2 r 410-2.006 Prohibitions. (a) No person owning,possessing, or in charge of any vessel shall permit the vessel to be operated or located in violation of this division. (b) All houseboats are subject to the provisions of this division and to all other applicable zoning, building, health, sanitation, and other applicable provisions of this Ordinance Code, and to all applicable provisions of state and federal law. (c) A floating home or floating structure is not allowed at any location in the County unless it meets all applicable zoning,building, health, sanitation, and other applicable provisions of this Ordinance Cade, and meets all applicable provisions of state and federal law. (Orris. 2004- 44 § 4, 69-50 §1 (part), 1969). SECTION V. Section 410-2.012 is added to read: 410-2.012 Enforcement. (a) The County may enforce this division by any remedy allowed under this Ordinance Code or any other remedy allowed by law, except that violations of state or federal law incorporated into this division shall be enforced as provided for under the applicable law. (b) The sheriff is authorized to enforce this division. (c) Whenever this chapter grants a power to the sheriff,the power may be exercised by a deputy of the sheriff or by a person authorized by law,unless otherwise provided. (d) All notices and decisions issued by the sheriff pursuant to this division will be transmitted to the registered vessel owner by first class mail and by posting at a conspicuous place on the vessel, or by personal service by the sheriff. (Ord. 2004-44 § 5.) SECTION V1. Section 410-2.014 is added to read: 410-2.014 Vessel Removal. (a) If the sheriff determines a vessel is moored or anchored in violation of this division,the sheriff may issue a Notice to Remove. The notice will provide a date by which the vessel's owner must remove the vessel from the waterway. (b) If the vessel's owner does not remove the vessel or cause the vessel to be removed after j ORDINANCE 2004-44 receiving a Notice to remove, the sheriff may remove and store the vessel.' The vessel may be redeemed upon proof of ownership and payment of all costs incident to recovery,movement, impounding, and storage, or may be disposed of in accordance with Section 410-2.016 of this code. (Ord. 2004-44 § 6.) SECTION VII. Section 410-2.016 is added to read: 410-2.016'Vessel Disposition. (a) A vessel removed and stored by the sheriff may be disposed of in accordance with the provisions of Article 4 of Chapter 2 of Division 3 of the Harbors and Navigation Code (Boaters Lien Law). The owner of the vessel will be civilly liable to the County for all costs, fees, damages and expenses incurred by the County in removing, storing and selling the vessel. These costs are a lien upon the vessel and the proceeds of the sale. (b) Wrecked and abandoned vessels are subject to disposal in accordance with Chapter 3 of Division 3 of the Harbors and Navigation Code. (Ord. 2004-44 § 7.) SECTION VIII. Section 410-2.018 is added to read: 410-2.018 Charges. Charges imposed by the County for services under this division, including the recovery,movement, impounding, and storage of vessels, will be in accordance with the Sheriff s Department fee schedule adopted by the Board of Supervisors. (Ord. 2004-44 § 8.) SECTION IX. Chapter 410-4 is repealed and replaced by new Chapter 410-4, added by this Section IX,to read: Chapter 410-4 SPEED ZONES 4104.002 Speed Designated. The areas designated in this chapter and in Harbors and Navigation Code section 655.2 are speed zones. No person shall operate any vessel, or permit it to be operated, in a speed zone at a speed in excess of five miles per hour. (Ards. 2004-44 § 9, 69-50 §1 (part), 1969). 410-4.004 Wales. No person shall operate any vessel, or permit it to be operated, in a speed zone in such a manner that the vessel's speed creates a wake that causes or raises a white crest from the moving vessel. (Orris. 2004-44 § 9). - 410-4.006 Slow area. Any area designated as a"slow area" by resolution of the board of supervisors is a speed zone. (Orris. 2004-44 § 9, 69-50 §1 (part), 1969). ORDINANCE 2004-44 4 i 410-4.008 Near vessels sixteen feet or under. The area within 100 feet of any vessel 16 feet in length or smaller likely to be endangered by the wake of a passing vessel is a speed zone. (Orris. 2004-44 § 9, 69-50 §1 (part), 1969). 410-4.010 Near swimming floats. The area within 200 feet of any swimming float or diving platform, except special floats used for water skiing,is a speed zone. Special skiing floats shall be clearly marked and permits issued for their establishment, and the area of their use shall be designated by the board of supervisors. (Orris. 2004-44 § 9, 69-50 §1 (part), 1969). 3 SECTION X. Section 410-6.018 is added to read: 410-6.018 Sanitation and Pollution. A person shall not do any of the following: (a) Discharge or deposit material of any kind on or adjacent to the banks, shores,bulkheads,piers, wharves or beaches of any waterway where the material is likely to be washed or otherwise deposited into a waterway by tides, floods, storms, waves, or accidental displacement. (b) Cause any mooring line, water hose, electrical cable or other service line to extend across a main walkway to a vessel, or cause any obstacles such as ladders, tools, canvas, vessels, boat gear, or other materials or equipment to obstruct free passage along any walkway, finger float or gangway, or create any hazardous condition that could cause accident or injury. (c) Leave or store on any dock, float, or wharf of a waterway any empty tanks or containers previously used for flammable or combustible liquids, unless free from explosive vapors, except that empty safety containers may be kept in storage. (d) Violate any of the following sanitation and pollution statutes: Fish and Game Code section 5650; Fish and Game Code section 5652; Harbors and Navigation Code section 131; Harbors and Navigation Code section 133; Harbors and Navigation Code section.780; Health and Safety Code section 5411.5;Health and Safety Code section. 117480; Health and Safety Code section 117515; or any other sanitation or pollution statute. (Ord. 2004-44 § 10.) SECTION XI. Section 410-6.020 is added to read: 410-6.020 Sunken Vessels. (a) Whenever a vessel is sunk in a waterway, the owner must mark the vessel immediately with a buoy or daymark during the day and with a light at night, in accordance with 33 CFR, Part 64. The markings must be maintained until the sunken vessel or obstruction is removed. Removal of the vessel must commence immediately and be completed in a timely manner. ORDLNA?N'CE 2004-44 5 (b) A vessel that is not properly marked or is not removed in a timely manner is subject to removal, storage, and disposal in accordance with Section 410-2.014. (Ord. 2004-44 § 11.) SECTION XII. Chapter 410-8 is repealed in its entirety and is replaced by new Chapter 410-8, added by this Section YJI, to read: Chapter 410-8 MOORING REGULATIONS 410-8.002 General Restriction. No vessel shall be moored, anchored, grounded, placed, or otherwise located in any waterway for a period exceeding 96 hours, except as otherwise permitted by this chapter. (Ord. 2004-44 § 12.) 410-8.004 Mooring Locations. A vessel, other than a houseboat,may be moored at the following locations- (a) A permitted dock. (b) A permitted marina,provided the vessel is moored in compliance with all applicable permit conditions imposed on the marina. (Ord. 2.004-44 § 12.) 410-8.006 Houseboats. (a) A houseboat may be moored in a permitted marina if all of the following requirements are met: (1) The houseboat is equipped with one of the following: (A) A Coast Guard certified marine sanitation device in proper working order. (B) A self-contained portable toilet or other on-board portable sewage reception system that prevents the overboard discharge of treated or untreated excrement, sewage, or other waste matter or contaminant of any kind. (C) A legal connection to a permitted public sewer system. (2) The houseboat is capable of self-propelled navigation. (3) The houseboat is moored in compliance with all applicable`permit conditions imposed on the marina. ORJhNANCE 2004-44 6 (4) The houseboat is moored in compliance with all applicable state anti federal laws. (b) A houseboat may be moored at a permitted dock, or anchored in a waterway for up to 30 consecutive days, if all of the following requirements are met. (1) The houseboat is equipped with one of the following: (A) A Coast Huard certified marine sanitation device in proper working order. (B) A self-contained portable toilet or other on-board portable sewage reception system that prevents the overboard discharge of treated or untreated excrement, sewage, or other waste matter or contaminant of any kind. (2) The houseboat is capable of self-propelled navigation. (3) The houseboat does not obstruct navigation. (4) The houseboat is moored in compliance with all applicable state and federal laws. (Ord. 2004-44 § 12.) 410-8.008 Property Owners. No person shall cause or allow a vessel to be moored to his or her property in violation of this chapter. (Ord. 2004-44 § 12.) 410-8.010 Services. No person shall furnish or supply electrical service, natural gas or freshwater, or provide a sewer connection,to any vessel moored in violation of this chapter. (Ord. 2004-44 § 12) 410-8.012 Equipment. (a) Any vessel moored or anchored shall be moored or anchored in such a manner to prevent breakaway resulting in sanitation damage or pollution. (b) Mooring lines at docks and marinas shall be installed in a manner that will maintain a moored vessel within its berth and prevent the vessel from posing a safety hazard to the berth or to adjoining vessels. (Ord. 2004-44 § 12.) 410-8.014 Lights. Any vessel anchored or moored between sunset and sunrise shall display lights as prescribed by federal and state laws, rules and regulations regarding anchor lights in inland waters. (Ord. 2004-44 § 12.) ORDINANCE 2004-44 410-8.416 Buoys. No vessel may be moored at a buoy in violation of Harbors ana"Navigation Cade section 307 or Harbors and Navigation Code section 308. (Ord. 2004-44 § 12.) SECTION X.111. Section 4I0-5.010 of the County Ordinance Code is repealed in its entirety. SECTION XIV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSED on ,by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JOIN SWEETEN, Clerk of the Board Bo&d Chair and County Administrator By: [SEAL] Deputy 7LG: HA2004\Code EnforcemenMaterWessel sanitation and mooring.final."d ORDINANCE 2004-44 8 DEC-01-2004 08:06 CONTRA +► J�}`� p'y ` ' ' ir+,O..7iw.r/r��,rr�t/�w�'t�STA /�"V/L�+r,J���'wlw.r��n�+c SUPERVISOR RAL D. DISTRICT FIV 315 E. Leland Road FAYPittsburg: CA 94565 CONSIDER WITH ©ate December 1, 2004 Number of pages including cover sheet 10 To: From: John Gregory Vincent Manuel Tom Geiger Phone (924), 427-8138 Fax Phone (925) 427-8142 FAX. 51098 610178 REMARM ❑ Urgent For your review Reply ASAP 0 Blease comment7 FYI regarding the vessel ordinance LEC-01-2014 08:08 P.02ri sir ywI GGtU*4 .L J.v Z ? PAGE 01/09 r. C H E R fit` L AL Si F- 'R N .ft 7 A . 0 , bC.) x 591 BETHCT. ISLAINII3 , C .A. 94513 C FL1. 2119 . 678 - 7357 FACSIMILE TRANSMITTAL SF ESY its FrC)N(, Bo-'Ut1 Of Supervisors Sbcryl"Vvemv, CMV MANY n xrx,: Contra Costa County Ncrvemiser 24,2004 r&X NumfSTA: 'TOTAL NO.01 PAOGS INCtIIO1NC 10VIR: 925-3355-1913 ID FMONr Nt77 ttn UNt7 MIS ikEnTtRENrv,NUMA?.A n.t:: YovR NUMIksR Dcrelict Vcssel Draft on agenth, for 'Decernbcr 7",2004. 0 x3RGEr4 i Cl rot( REvrsz, C' r#.t:A,;r Co'rt1UFN° r 13 PI FA-,r V EK-Y Cl PLEa158 Rr-r ,yci.r Dcpx Board of Supergisors: 1.atn atsaching copies of an article ce m-di g tht detelicr vcs-,,el rrdirs mm tit I underv=d ;fi slated to be cin the agenda for December r, 2004--interestingly no one can give us the mcc^ta-ig time even though we called your office and aLsked for this inrormarion. State T-ry requires rf tat the Dep=nent oFBoating and Wammmys receiv t and approve/sign off on any draft 30 daps prior to any ordinance being put in place. -As of yesterday,we Checked with the Dcpwtm nt of Boating and'l`tVattrwaps and Cher had not approved a draft acceptable to go beforethe Comm Cwm County Board of5upervisors for a vore. `Ther a„*rocd that thcy had bmn working with the County,,,n a.draft but have not seen a final draft and certain this is WX within 30 cLays prior to discussion to be placed on a consent ca41cndw. As a group,we: 1) Do not oppose eleartt,^r Delta waters. 2.) We do not oppose derelict"vessel cleanup. 3"} We do not oppose improved sartitation guidelines for boar=. However.ae a group,we do not supporr raxpayers dollars being spent can an ordinance th ir.is not well plannicd or thought out that could result in Iitigation. Questions tha.r continue to xiSt. 1' DEC--01-2004 08°06 P.03r10 y .} %Iby is an ordinance that has not been signed off by the Dep=nent of Boating and Waterways (rid by law)even being considered by the B Parti of Supervisors during the holiday season? ne put be hag had to jump through a lot of hoops to even get m see the last draft of the ordinance(that had not been approved by Dqo.of Berating and Wate ys). Is it the hope that sorbething could be quickly passed without public cornment> }�) W'liy wcre Boating Ass*rciations or.carina Associations not contacted in 6c formulation of ncc ordinance to help identify true pollution sources and help come up with ideas or solutions. Only after much opposition were a few local District Boa xi Member representatives allowed to arced the meeting? c.) Define how and why a 30 clay limit is arcing placed on how long a houseboat can moored ata dark or a waterway when historically housebo=hard been moored at clocks in marinas sincc rnarines e�6vmce? Th+s is definitely adrparture frorn the Wt.-draft of the ordinance we saw. d) I-lora.are bovi rs to keep their boats clean with such an ordinance? C:umntly the shetif,department purchases biodegradable soap at Port s of Ca or West Murine and w-ashes their bow on the water and it runs off in the delta. According to their cram opinion,any dLwhatgc in tht water violates "nes discharge"I=. How is the smrtpy wzt°er and excrement of birds on their gats going in the dela,any dif: rent than someone else wishing their kwa�washing di ncc s or showering with biodegradable products? e) befinc"rave savage"more e5TUccit)v. Grey water and Black water have been historic;)),; accepted derinitions in the boating conununity. If we're to help clean up the delta we need a clear definition as to what*e'rc cleaning up syr we can platy how we=to go about.doing it. f.) The co rnunity deserves arc acknowledge rnent that:'tiveaboards"hi'va been generally Jumped dunng these conversations with squattem and those u1bo pay, to have their vessels in marinas vAth appropriate pump ours,batlirooms,and shcs . are not.responsible for e_xcrerr m,*nt in,the waters. l;) The County Sheriff states they have tcstcd the delta water for coliform bacteria end f7vund it prescrht but could not state at a recmt BI-MAC meetirsg inhere they tested, the rneshod used for detcctioN wid whether it was from animal or human ocrernem but they continue to claim that the poDution m urces are"ivcaboards". h.) }teptrttcdh,studies ha19e veriFicd that the number one source of pollution are IUW, vessels that come dow; the chti hd dumping into tate main channel flo%-ing into 2 ITEC-01-2004 09:Oe P.04/10 the tributaries or slotos. Powis this being addrcssed? i.} What Act of Congress was passed tmns6m-ing power from the U.S. Coast Guard or Air V Carps of Engineers t.o the Contra Costa County Sheriffs Depmv»cxtt? j.} There have alrndy been reports of the Sheriffs Department using the proposed ordinance to hams peopie. What constitutes"proba.ble caucc" for the Sheriff to bu rrd a vessel and what verbagc is in place in the ordinance to direct sherifF specifically 2s tri what they can;end can't do and when they can or can't do it. rot example an unacceptable practice would be for,sheriff to deride to board a vessel in the mitlrlle of the night when people are slecping who are not discharging anything, k Bilge pumps pump water that gets into the hulls of boats from the delta currcndy pumps the w ater hack out into the delta.is/will this be a violation of the discharge ordinance? 1.) F'=lly, the sherif'f's ckpmtncnt:is so undcrsmffed right ncrw that they can't respond to the calls they leave in a timely fashion. to lie past 3 months wt have had a Iter nber of instances in the conn- nunitq where the sheriff haven't shown up for an hour and a half including a hit and run boating accident where they newer showed up to the scene ar.all. 'ne coastguard was t�cre_,the pa rarnedics but no she if'l If Contra Costa County sheriff is co undersmffeed right now that they can't carry,out their curren t duties why are they taking ing on a broader scope of duties? m.) We would litre charity that if the vessel.ordnance is truly a"derelict vessel"ordinance, then we want to see 'immediate action,upon it's passing in refcritrsce to all of the derelict. vessels that arc sunken or sinking in the delta` These vessels inflict oils,mss,and other toxic substances to marine life,and affect per:sonal property of all individuals who come in contact wirh them. What we do not want tri see is that.it tumc out that this ordinance is used to este a lot of to .ycrs"ncv doing the"eatsicst xrvenuc generating thing"and that is to attack vessel owners who are resptmsibly housed in marinas and harass them unduly. n.) Why we simpler solutions not being rccor mended? 4.why can't vessel owners with boats overc3y 25-ft.be required to have their sanstatim devices checked every,2 years as a condition of renewing their registration? if registrttion is not current then the aherifl:can sirs vessel owners. o.) While were on the subject of De}ta pollutants,what is being done to address the other pollution sources aside from those mentioned in'Chis ordinance. 3 DEC-01-20O4 08:09 P.O5/1O We would ask that;the%2rd of Supervisors defer plaeing the ordnance on a consrnt ral dar until they have teen to it pmonally that the Dept of Boating and W;iterw-ay5 has signed off on the ordinance,and all"may"areas have been resolved. We umre told a.r x recent BIMAC meeting by Doug Powell of the Sheriff's Departs cat that Boating and Watcrways had in fact signed off on the o:di wcc when as of yestcrdap they had not when we checked with Doug;lohnson of BoA+ing and Watetwar.- T=inny. I would tike to be pmonally informed whethcr or not rhis will he on the agenda at rhe December 7,2n04 Botird of Supervisors rmcting and if not, I would like to personally be informed as in molten it will be on the arnda. Member of Citizens for a Responsibly Clean Delta Community. Cell: (201)678-7357 Address: P.O.Box 591 3665 Pots Circle Bethel Island,CSA, 94.511 4 DEC-01-2004 08.08 P.06/10 dlopyetedihe bodies Of ae lsiit Few deemfs•win'evaffable ,. In the psis taw da re.,Attieei- four Mori f:Y'sto Army 4Wd .Mopdsry Mom the essss+umWon..?• .. ` {ld�tedby atihow ro the head.. of ShMk`Muhvmsisd .Amtn' See IRAQ,Paga is . WOnL. N L*C r RUN DEEP' OVER PROW] OSEb t 14'. a> •� Il Ar • Y. It` :w y r {. ; ..Y k r+'w,w.a•� t:.. Y':Q t � A• s t � r ii t .f K 1q+lbW7 'JIiEIIIE#waft Mo+1d +ttshits`an 111p tClltiDtil39tf1{1ldltld{s` �IdCpw i1� 111rAiF�;W �tvtrH «tt � ..♦ .,v "9 `�K'•..1Ww 4 y,y f wf i '1� r �� s�.+.., .a a d, a K,•. din .J Tf ..(. t, . ` r �. .. t I " . .. .. ... } 'wA` r t'.�• r.Y' '4•y �w 'S•;! •.f'{.(=t���'tr r;sjt:'•t`•,. 4.. t — 2tuSSe11�' Shea Is i1.ErkeN vir'm , a1tP OKfft�Oi. On bm Wal.•th WiU sibd by.. het.rating MAIM Of" anti etete7iseraattftsir�into 't"� r;` bayet and. i s ions tem to e *hv reratsflas wa bow t rsd ut PW6 iafluimpt it i' Wgsabodra'otw.a partatatt e�ttta.deastt' i t: sklppsrre f rwc�'rr mom*- utd err a Dana the fret bf Contra Costa CrAfty, rtnv rtbaridoned ''� replaro m for.sdotling k d oehrn'ptoble m.on stYarem': �yKruidme of asharwitee Cerpt+tilF fust It is put-bf r �utmmr. 5 t ' gor•t}te•prat lQ.`.Y a of '6t l �rNDL'1'`8'l�fltt;,,y tm::�atftf�ling As�g,S17M le 1`Otm ined the -.. . ww.'�,•aifHeL'!�J_{'a fttRrldo.0at'wCrlyifla .+{�tat�'#4y to a:f{tIM'.`11eitC•�tt t'tM0 rimW S,��,'�Lith4a of d0'�yfir��i+��l��y�1�.: . Y✓Yt 'iL3 e.s:�iR.9 ^w{`.M1i L F .. w. Mom drmbped:Was.10 w^>f+e,r. ,'. bita worftlag to tfghtex.the not ideter F� orfde thorn®epeaisdom cd.sibat A-1 rules that gavtsm hiw'46pfe'pie ftm orat+)m iRtbY•, the belts sht+stld tusk iikt,:rtnd' .• r +i Uwe on rite Neta,Out partly to too the 01 �ittt meant to -: ;.�iti;iplll�f�:btCL�a+tt�phlins i� A�SOCf cntisarf on 'W id thele a div sm, a;ntvr county: enahe out*itrartepiietsE,"aril Ste DWUI ,pkp,le*. :•wVmtt#rvt ylfatre Wo�r�5 y�tgrh,AM M�Co!d.wefttm fg1poo'ts: IA _ t. a�a rtw .• — _ t a.. •e, the Y.�'.V .0` i M 'Arva thm the st6 y",utotli`Ert,stake.,Id lkse $m m use . Ralch 39,a moher d..ttra•wtio 3 fly ." , ' lts9 bitetS kR rabt!►ia'bp ritroittc. ���Et�EZ'S�JdW tiatissa t2tat•apDrifrf'ttstfa titt>iS¢d•, �� t lar en fastpetafsle beada:tttrsaz', . ` r�eerif • ' "3f we daxt't WL1,thr ttssiiwal'' p"mmum child rad tuy hc+ova tm: 'tY'.KI JU D—Ani Pjdch has and,put me in DrieCri, w�tiCti t 1 tOr OWM Stun dlftby"n think wwAd brsbf3f: rightfor the to comuftett+e'lrs. Firfchvic�t�ihfC'!t �` 'grtmt,ft, burrcires�•� +ettriffieot ha+►k'bttett� alert=,• Rhw f tvw In l;an:n%,t hnmp. sk.Sur) rnp GSlIm clleh twnr Yiettl! ' k. DEC-01-2003 09'10 P.07f10 had had iinsnclaFtroabfw Mtdira- dra'A vflfies.A0- old Ulna MoEatieD,'and r teanege ton erera+lolit'vait;ttht-time,and A Now went eeversl hoots at the po- i, feta ds aa�taratnt. •}> Wt�o s hart al t'V SIIM+e daSya tuade live reports in rmnt of the police department about a:Iti p.m.,a fire engine and antbu- hme pulled up to ilia bark dose. and rushed Cherie McEntire to a local hospital beeause he sod- dtnly developed chert pante. Johnson said.14%was in etablo B. CS .1: FROM SAGS I OW in a paned emild,we would icve to have U.In the poli To. day,everything to oaparetic.* Davis Iliad:the Initial state- ment during Cal's 41.6 romp 1 over Stanford on Saturday in f Betitai"I$esaid the tBB lsWl i A- a t3 would tsawc the right to invite SHERIMS LT-Eft NA1lARRO coulee by tM tllaa'irre on Bothel island.For the past coapts of years.Rea ataorlffs marina petaai and Cal eyes if Texas tnmagsd to eotNtty building inspectors haft been vmftg to tighten,the ruin trivet govern how peopit five on the wator. snag the No.4 spot of the SCS e meant end Utah remained at cause the co u y bad no rutet#ter It is a utestyls attractive to tag and aventiratly tilt t a resect No. In•that instance, both { � ; tamerlongpeople eaa ulna to their people with otrealah at ftetre In. but Dole tithe darner it tsodfiad Tares and Utah would.bt on- `^i boats or who s OM conks sip or dep"denet ilio we looth to fora and gives a¢bailee to aara}sty stsitmd automatic HCS naalet- rttot t FACE s �aottaac amwt>fafitatrthixppt felt any teaasam of autocopay. .it the rraw+raguul+,tions. ,loris by rule. ` ba wand b teat chat yeah"n "f think=tit rs trying to do 1lttrsif nitte+a Davis said Satutovy a clause often those nrrwttatfonc titter a ms W ConnaC Ctage,%yso a� W I � flow PO wss added to the Ross gawl'a ftom the twsic teautp ort, to,tie Dela raid da ift oaf d�n lvlcGord a tl5�satrsiid re The ttotar*s proposed rule =t'tct with the$CS two Ireara Bethel blind in particular is stat of tieing.It`s the place to gas, diced tar lease satatrem prohibit people from dumping ago that would melte•Col's ss- likely to start snxlmicking Dls- "a Carlos asude w rah the raum For 20sextmat yenara`IrscC:arti tt waw snit gtarbtt=s brio ahaver- lsetlrtn to the Ross Btssrl peas+- eovetgr lkay, with mon faaaty ksatlidlttg ihttpectloa dhydctaa. and his 9*ifra.Elarahta have llftd,tsar �rllh##e ties duampaan0 ft ovi- bto, t amee and tuftan rtirarette . "There aro'itaaroavols•out''on the-lite' s kfl foot-at s- dons chi h etlsor fed"+rend On Maaday,he said it vess s unvitaidtttd Etat tis tthoned lis les• hm:"17i1u`tsdtrl rarca of tryiing boga rw Men truiser bultt in 1447 ttstap Laws,thay are lacludsd in asieut derotendtng. vasrtd to viiv4owss asut.,up- to control i+"We out them n naeartled ap•tltMaartatoc Core lds. thft-,r 'B draft ordinance to -rbc W6 rules us written ao grodac to the e+nvironai ink pea" aometwo; that has fallen ritstt on Handal bosn .l ledaid pea•• gime alta SNOW 1 typist a cleuiy nobody can imm acything," Pic want aomt assurances their thro4b thtf cnft,*lie Said. pie often,riiytakenly behave cites dinned t#Bh't of snfatcernent. Dsvia acid, . the oari,n7 ears keep the island Us propaeed ordinance�•- who Sire as their b w tare r+tne- Thi draft ordinance a n de- lt'a yet anotl;ar contittlag from bosom,lost nit junk y%rds, due to be considered by the gates and drinero,or worse,and tines the difference between a dlaperr the i3ta syeienr,va3ticb t¢owseed, board of Surpervia n on Dec.l davit lsuW ata dons ooeaariarially houseboat sad a`Doaww hoose" resulted Lt contra last no- Massy loGagtltat Delta rani. L-:.would give The Sbariff`s Of- lead to wusnxles against thein. -a houseboat can move itself am wrrlth co-sswriWAI thwapians donor,haw#vm harbor deep srai-' tiara toora turtbority to cmk' Itta're r o spor;tible people, cc the water anda tow"borne Chunplons,of the six BC S a pidow about sli•lavth of gov- down on tl#a[pd dumpata,people we're redrrtd,we're act speed tarot�-and tan a 30-day limit tWorentoo,l6duaw the Pace trPzwo,Rrvar dwellraswX nLItr who abandon boats and eater- frealta,We dot,',took,drup in on lsow long t houseboat can 10. are assured of SCS bowl to fawxd aeatryttk tasd os ftVat agtatdiers. � our home,beet iiia ill,popular moor At a dock#or waterway. " berthc•>"Poo ai-1a�,hcr#hs an an asaWA1 oat'utast troasut'>'+s casassrsmw he awed. 'Cho ordinance aallawa the svalicbro, pdaoa and quiet-eve vrhen dis Dlaay own McCord and Mariner Cove's shet�to remove,an abandoned Cal I.rankxd tt unh in the i plait is tae remove abandoned Unto is no question that the harbor cocain,Sheryl Aiveman, weasel and dutrgt tint,ourna for HCSppoll dearness idaaaed Mon. . boats ;arid prevent pollution, Genet lutes sakty lsohettoolsts to who lives,on a bouseboat,moony Its toil, day miftd by Text#sit No,d goals lauded birth by new comms fine twitdng mist of rt pa's.esmels that the new regulations will%I- The new rules art being Utah at No.ii-If thole rank' and thrat vary of the proceed acrdOugps,It b a grant{chase to leer sheriff's deputies to board shared with the state Nparrb tags stay as they an,CAI Will j,'et c?aa.ntg+ta, escspe rho e:omplications of their homes with impunity. Ancon of Itoa ttg quad VV#axttrsraytt a Rosa Bowl bid,Umh"I to- NP o- i tdrMgat4txjf•those opposing =040M lice;tett tit hidden is- "I know their anampt was to ensure they out cocaine talrre an Invitation to another i vicar is ftftrro's bumnentber lands and pathr also hide good,to clean up the Delta and with Wdedre jaw and we not an BCS bmL and'tttatas will be the + xnaeiaa patrol dfviaiors,wWr,h Is a5 manner of bebarviorabborrortt make taase the waters were tafe assure an the boating Igo,talo odd school M. , r rerapmuftfe for the*ids swath of to of!ldaidom. ,for everybody to twin in,*Ahor,. Contra Cam super"or rodernl lease Sam executl"director a t water tr=swou t flay to the Still,many in the Ikira iron- nail said.''(Buo they went want. GWrec John Dergar said he tbm4,bt r beaft of tfhe Belts,a Uri else bon der wtq the ctrustty is to worried in#the sheriff to tome aboard "Citi have tjugor sanitation is- Davi probably was fotutlag on I wises of Contra Coir+.Sactarourz about tbas livooboarw Som, any ttraa they warned to,;alae au"out there.Wa have abaa- {onty one her of the W rules 1 rued Sete JOISgU n ooundet cosset: in tln£t stench,airiaost.Setttl•ntr- and take a vm%vd ort will and that doped venets, _cilli steed to rvtaea he made his insremera Baa t Whits plyltsS this wratirs In onoacetsgrtree�t finite popxlndon lett a lot of room for the abode's dFadi�- "Detts and era pian urdal r them assail,Swint ba�wgt,NavervVe tante to tisk boom to tow ettY deiparttcettt to go hog wild,{fad dthe ptslica poswsr Sts ora 1 think*W he Was refeertirt� t dagtsi rapsatedt rcomo arm rft acme to avoid snore 6noy balls the person who the sheriff GGlover staid.'' to is tttart Cil evould be lnvltatd it ti rratttlovrts act tletvdtcr kaama bit or afsaettaetnt roma. was uttbappy svltlw° there wet an"able a-taigs va&We of tett 4peripdons but ittg and some for the Ater ro. 'Mt ordinaa w As proposed Jtowh XUay kissed at 926.962-. berth,`Dorgar acid.*G theca is t cmk't do bout them bei mines of It chess allow the Sheriff's Offs s to 6027 or k"AwIlfcctimesrorn.• no avattabls at-lap berth,you r mist hofs the(WAit tsarina. t ' •�,,, 'Ws do nor hart:the opttoato go q l Ui refeented it in that conics Mattson or chair ers.an of Olson wrote. This hope ltairb anti her der that in the pa I I Rsonths But Rattily iba+wrett a iorhatr ct1tthink te,The his patten ha kacuted b FROM PAGE I lawyaasa nape new legal argu- taxa tr#aovrcd ltt3ch to be supplied fadetal prose=mrwho will metra onwu that ass do bars tin ttfisk menti will scars a n*or vict"ry with the 21A ourasati ct moituat,a oral argutnarna on behalf of W para hip apses Wuat-raekt RBCS) p keep tultiisthe deecaar phsstxltxd tot ttiazljtstrtia at nwditiris. the uses weekly Italeh and Hanson next wretk, -town.Blot th� vnttitmas tilers is ri Juana she says tai the airily 7be tie irtmtseei Uch asoo. She smokws the dried marF said the Sovernmaw s poedtfn ars open st.targe bout."Yhaee is e: thtryp that atlo+Nn her to develop and patient,IStaze Manson of Juana in a pipe,tawttaies It whit a -xuns counter to tfae cotioapt of no clsrraas that.s3ldew us to toy- a nn app+arita.and th- wap bar para:c oaniM and rem ua�ad' vaporizer or Infuses coftV oll 'fsdsrelithnt>"vt*b holder%linin#j' poet that,Den ltnowrs the rules. fl strength and weiSht, ° ,', ookiend into whtiS raw marl unu with it that she unto In belted •divtdnat Statec hove,the rl*to so he had to be focusing so an. tt What Ranch and bar lawyers and s vpp#lr it to fit 4t and Moe, pod*.• .° regulate activities within their rather taped of lir," p l sa�y public tantlouent Is on their son for brae as the two palie"W Robert ltddch said ht rontkr bordets.let a conft"several of .Ilotges'.ecnaiderad hit awn b ride~theyche one,atentaea*,ay "OuVvv'under Pmp 215,d¢ uca to be amu ided each want• tilt juSt tea bays suppottc6 int stat&r�iant.end added, *Thht' tc ftepotbW as MAVY as 30percartt c,adi�#tssnrtfurma��by,ltnC Whew#he helps frit wife from other cater.Stroart Wd. "C)Wawrlslon network hen a ra OfAarrrt+c+stippdts:tlsaxtgpaae>#a' IT"v srsin bed and wrarthe-%tho trarwfot. -els.case stands for tba aLsua+a ~the-A S`that genes th pedants to airs ftraaast•g� ,.t t rpattlts$from taxa*v*dI4W,mstkm'iri&4uarA,r1ggers In her, pmptleittem that hdaulisra la not througls atLt'tbe seleftian rnargtains elsehdtnaigesvrsis. rherxss +de mscarsdtrilut lw. "lhe#ate�tahastm+rj*` lust fortsttttttt+rati+ ,x,*h+esaidek ;it.so. m !Wean h alms;crass saptool"Brand land wapetwot Sipa to"yien•he said."5he't able to talk and Fcl}drrlag the�m tined °r ',. v`f 1p oppo w%hair e(aims too,the current coat atTM that sono#agslrL. wm;r,,the two court is ex +-.e Papers Nod by the U5.C3t- ttascsa else �a metmrosat is d►w". The eas*tvund lrs vray fio the I*iglus ib dscidon sot same in CALIFORNIA LOTTERY- pastlnent of Justice rwrava tnfddt nibeited,grvarn and used it Call- U.S. Supreme Court after the tp�, the funrisarwnW 3t4'wettim of the forniM,federal rulto 66"re amov rt5lah .nw"naa+, ITEC-01--2004 08:11 P.0e/10 November 23, 2004 .Fax: 925-943-8362 Letter to the;Editor: In ref erence to Kiley Russell's article on November 23,2004, T would like to provide a broader vexsion and hopefully clear up some confusion regarding the history of the"Derelict Vessel Ordinance". The vision of citizens that were requesting some cleanup measure of the County, related,to something,needing to be done to clean up half sunk vessels that were polluting the water with oils and gases affecting other individuals docks, personal property, and the environment as well as"squatters". Although Congress assigned enforcement where vessels are concerned to the U.S. Coast Guard under the Rivers and Harbors Act, no enforcement or action against those who leave sunken vessels in the water were being taken, and squatters had questionable means of disposing excrement. Time after time,citizens within our own community have approached the regulatory agencies asking for help with the problems they are experiencing i.e. the unnecessary pull out and cleanup of their personal oil saturated vessels due to derelict vessels. One example of this is that Costa County entered into contract with a barge owner to tow off derelict vessels and Y: way into the project, (as I understand it), the barge owner lost his insurance, Contra Costa County revoked his contract and he wasn't able to complete the job and now vessels are piled up in the Taylor Slough/ Dutch slow area and pollutants are affecting the homeowners and environment in a very negative way(This is information recently shared at local town meetings). Who shares the responsibility for these pollutants? The individuals who originally owned the vessels, The Barge owner or do the Owner, Barge owner and Contra Costa County share the responsibility because the vessels were moved and left here whsle the Barge owner was under contract with Contra Ctscta County? In our minds all three share the responsibility. One property owner stated in an open forum at a B><MAC Muting, that Sgt.Doug Powell of the Sheriffs marine Patrol department when approached about a problem stated that"until you people ratify my ordinance we're doing nothing further to help you people out here". Another property owner reported in open forum that they had been harassed by Doug Powell in advance of the ordinance quoting the ordinance as giving hire the right to do so before ever baying been approved by Boating and 'W'aterways and then the Board of Supervisors. I've recently learned that many other boats have been boarded recently by the sheriff in the absence of an ordinance. We're not sure when Congress authorized that. DEC-01-2004 08:11 P.09/10 When we really began to see tension escalate, was when the ordinance started to use the ordinance to veer in other directions and started accusing"liveaboards" as being responsible for pollution in the delta. This was very definitely taken offensively because many liveaboards who are berthed in a marina, are provided showers,toilets, and pump out stations for their vessels. The plumbing, electrical and mechanical for all 'have to be approver} by the Building Inspection Department, Anyone dumping porta potties into the water in a marina, seen by others, would definitely be turned in because no one wants to swim in someone else's excrement. Who is a liveaboard? In the view of those writing the ordinance they seem to be less than,upstanding citiaens, Why? The liveaboards i am acquainted with are all contributing members of society, work full times pay their taxes or are retired and draw some form of retirement. They are concerned with the environment, and they do have sanitation devices. They come to the delta for varying reasons most of which are here because they enjoy a small water community environment. How often does a liveaboard truly live aboard? Some vacation 3 months out of the year Ion their boat,others 2 weeks out of the year, some commuters spend 1-2 nights on their boat, some spend 7 nights on their boat. Some only spend weekends. There is n4 law prohibiting anyone from berthing at a marina and using their boat nor should there be as long as sanitation devices are available to them and they are using them. We are told by the Department ofBoating and Waterways that they have to approve any ordinance 30 days prior to it being enacted. Contra Costa County has an ordinance before the Board of Supervisors on December 7r"that has not yet been officially signed off by Boating and Waterways. They haven't seen responses to their latest revisions sent back to Contra Costa County over 4 weeks ago. As you can see, all of these reasons definitely give cause for some to examine the impending ordinance very carefully. It seems it would make far more sense to require a DMV regulation that a vessel over say 25 ft. has to be boarded by an "approved" entity(much like the smog check places) every few years in.order to show proof that acceptable sanitation devices are in place and functioning properly before re-registering them? The sheriff's department is so understaffed now that there is no way they can successfully accomplish this task why set something up to fail if the intent is really to curb pollution? Finally as far as my personal comments to Russell Kiley, it would have been more accurate to have been quoted as having said "earlier versions of the derelict vessel ordinance left far too many grey areas wherein the sheriff had the right to take and seize a vessel at will and.that was only one of number of areas where the constitutionality was questioned by Boating and Waterways. As a vessel owner and a harbormaster we want to see an ordinance designed that DEC-01-2004 08:11 P.10i10 is constitutional so that Contra Costa County or it's residents do not have to find themselves needlessly in court over the issue. In addition, we want to be sure that in fact this is not a revenue gaining mechanism where the derelict vessels out there are not stilt .going to be addressed, and that the sheriffs depranment are, not going to use the ordinance to harass marina's and vessel owners because They are easy targets rather than taking care of true derelict vessels and squatter pollution that the ordinance was stated it was intended to take care of , TOTAL P.10 CONSMER WITH D 0 W N E Y 1 B R A N D 555 Capitol total(, loth f=loor P:9161444-1000 Sacramento,CA 95814 F: 916/444-2100 ATTORNEYS LLP down eybrarid,corn David R.E.Alodjem doladielm@downeybrand.com downeybrand.com November 11, 2004 "VIA ELECTRONIC MAIL—jgregC�CCCounty.us John Gregory Deputy County Administrator 651 Pine Street, 11th Floor Martinez, California 94553 Re: Proposed Ordinance-- Vessel Salutation and MogdU Dear Mr. Gregory: Our firm represents Declamation District No. 800 (Byron Tract) (the"District"), which serves the community of Discovery Bay. The.District has reviewed the draft ordinance proposed by Contra Costa County relating to vessel sanitation and mooring and circulated by means of a memorandum from Supervisor Federal Glover dated October 12,2004. The District has the :following comments on the proposed ordinance. First, Discovery Bay is home to amore than 12,000 people attracted by an active lifestyle centered on recreational boating in the Delta. Although there is no official census of the number of boats in Discovery Bay, it would be very safe to say that the community is home to several thousand boats, of all sizes, many of which have sanitary facilities. Further,most of the beats in Discovery Bay are moored during the work week and during the wintertime at docks located adjacent to homes, Finally,many residents of Discovery Bay have built decks that extend from their homes over the water from which they can enjoy views of the Delta and the waterways inside Discovery Bay. All of these amenities are essential components of the community design that has attracted people to Discovery.Bay and that is a hallmark of our community. Second, the District appreciates and supports the County's efforts to ensure that vessels throughout the County have appropriate sanitation to avoid polluting waters that are heavily used for water-contact recreation and to ensure that vessels are appropriately moored so that they do not become hazards to navigation. The District is well aware of past problems with sanitation and mooring in other areas of the County and so understands and appreciates the need for the County to take action to remedy those problems. Third, as drafted,however, the proposed ordinance would regulate(and in some eases, prohibit) most of the recreational activities that are central to the residents of Discovery Bay. For John.Gregory November 11,200+ Page 2 instance,many residents of Discovery Bay have built covered areas on their docks for protection from sun and wind during the summer boating season. Proposed section.410-2.404 would treat those simple shaded areas as"floating homes" and proposed section 410-2.006(c) would prohibit those structures unless they met all other applicable sections of the proposed ordinance. The District believes that such treatment ignores the fact that such structures have been in place for decades in Discovery Bay with no known sanitation or mooring problems. Similarly, proposed sections 410-8.002 and 410-8.006 would prohibit the residents of Discovery Bay from mooring their goats for more than 96 hours. 1n other words, a resident of Discovery Bay could not moor his or her own boat at his or her own dock from Sunday evening to Saturday morning, Sucb a provision is wholly inconsistent with the design, construction and long-terra use of the Discovery Bay community. For these reasons, the District requests the County to modify the proposed ordinance generally to exempt vessels and structures in Discovery Bay that comply with the rules and regulations adopted by the District. Specific revisions to the proposed ordinance language are as follows: I. Revise the last paragraph of section 410-2.4(b)as follows: Incidental or limited movement of a structure upon water or resting partially or entirely on the bottom does not preclude the structure from being classified as a floating home or floating structure for purposes of this Ordinance Code. Registration of a structure as a vessel with the California Department of Motor Vehicles does not preclude the structure from being classified as a floating home or floating structure for purposes of this Ordinance Code. A houseboat that is Code.. permanently moored or grounded and is incapable of self-propelled navigation is a floating home for purposes of this Ordinance Code. Floating homes and floating structures are expressly excluded from the definition of the term."vessel„ provided in this section. bloating homes and floating structures located within Discover Bay that comply with all standards adopted by Reclarrnation]District No. 800(Byron Tract)shall be exempt from the provisions of this Ordinance Code. 2. Add a new subsection (c)to section 410-8.006 as fellows: (c) A dock within Discover Bay that complies with all standards adopted by Reclamation District No. 800(Byron-Tract). 3. Add a new subsection (c) to section 410-8.008 as follows: (c) Notwithstanding subsection(a). a houseboat may be moored at a dock within Discovea Bay if it complies with all standards adopted by Reclamation District No. 800 (Byron Tract). DOWN €Y i BRAND I ATTORNEYS UP John Gregory November 11, 2004 Page 3 4. Revise section 410-8.10 as follows, No person shall cause or allow a vessel to be located on or moored to his or her property in violation of this chapter provided that nothing in this Ordinance Code shall be interpreted to prohibit the mooring of vessels within Discovery Bay in a inanner that corszplies with all standards adopted by Reclamation District No. 800{Byron Tract). 5. Revise section 410-8.12 as follows: No person shall furnish or supply electrical service,statural gas or fresh water, or provide a sewer connection, to any vessel moored in violation of this chapter., provided that nothing in this Ordinance Code shall be interpreted to,prohibit the provision of such services to vessels moored in Discovery Bay that comply with all standards adMted by Reclamation District No. 800 (Byron Tract). The District also requests a sheeting with you during the next two weeks to discuss these proposed changes to the proposed ordinance so that we can discuss these changes well in advance of the proposed ordinance being brought to the Board of Supervisors for action. As noted above, the District very much appreciates the County's efforts to improve the health and safety of all residents of the County but respectfully requests the proposed ordinance be modified so as not to address non-existent problems in Discovery.Bay. Please feel free to contact the District's Manager, Jeffrey D. Conway, at(925) 634-2351 or myself to schedule the sheeting to discuss the proposed ordinance. Please also feel free to contact Mr. Conway or myself if you have any questions regarding this letter. Very truly yours, DOWNEY BRAND LLP David R.E. 2adjem 63M63.T cc (via mail): Board of Trustees, Reclamation District No. 800(Byron Tract) Supervisor Millie Greenberg Supervisor-Elect Mary Nejedley Piepho Robert Doran, Director, Town.of Discovery Bay Virgil Koehne, General Manager,Town of Discovery Bay John Stovall,Esq., Neumiller&Beardslee Jeffrey D. Conway Christopher H. Neudeck, Kjeldsen,Sinnock &Neudeck DOWNEYIBRAND ATTORNEYS UP THE LAW OFFICES OF �f JIM G. PRICEO 1 th I I 6571 BRENTWOOD BOULEVARD POST OFFICE BOAC 1417 BRENTWOOD,CA 94513 Telephone: (925)516-4686 Facsimile: (925)51641758 November 5,2004 John Gioia Board of Supervisors - District 1 11780 San Pablo Avenue, Suite D El Cerrito,CA 94530 Gayle B. Uilkema Board of Supervisors - District 2 651 fine Street, Room 108A Martinez,CA 94553 Millie Greenberg Board of Supervisors - District 3 309 Diablo Road Danville,CA 94526 Mark DeSaulnier Board. of Supervisors -District 4 2425 Bisso Lane,Suite 110 Concord, CA 94520 Federal Glover Ct7NTRA COSTA COUNTY Beard of Supervisors - District 5 RECEIVED 315 E. Leland Read . Pittsburg,CA 94565 John Gregory ' OFFICE OF Deputy County Administrator COUN I Y i`OkII ISTRATOR 651 Pine Street, 11th Floor Martinez,CA 94553 Re: Proposed Vessels {ordinance Proposed by Supervisor Federal Glover Dear Supervisors and Mr. Gregory: Supervisors Gioia, Uilkema, Greenberg, DeSaulnier,Glover and John Gregory November 5, 2004 Page Two This office represents concerned waterfront property owners on the Delta. Supervisor Federal Glover is proposing legislation which exceeds the power of the County to regulate use of the navigable waters of Contra Costa County and which violate the California State Constitution. Article 10,Section 4. The California State Constitution preserves to the people of this state the right to use the navigable waters of this state for recreation and other purposes. 74 Ops. Cal. Atty. Gen. 174, 77. A local agency, such as a county, may not divest the people of this state of their rights in navigable waters of the state. Ibid. because of this constitutional right of access and navigation, Courts closely scrutinize any attempt to curtail or obstruct the people's use of navigable water. See People Ex Rel, Younger v. County of El Dorado (1979) 96 Cal.App.3d 403, where the court struck down a county ordinance prohibiting the use of rafts on the American River. Section 7 of Article VI of the California State Constitution provides that a county may make or enforce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with the general laws. Government Code Section 37100 provides that the legislative body may only pass ordinances not in conflict with the Constitution and the laws of the State of California and the United States. Local legislation in conflict with general laws is void. 63 Caps. Cal. Atty. Gen.,874, 877. Conflicts exist where ordinances duplicate, contradict, or enter into areas occupied by general law either expressly or by legislative implication. Ibid. No supplementary and complementary legislation may be enacted by a city or county in an area pre-empted by the state. Ibid. The California Harbors and Navigation Code Section 660 limits this County's authority to regulate vessels. It provides in part: (a) Any ordinance, law, regulation, or rule relating to vessels, which is adopted pursuant to provisions of law other than this chapter by any entity other than the department,including but not limited to any county, city, port authority, district, or any state agency other than the department shall notwithstanding any other provision of law, pertain only to time-of-day restrictions, speed zones, special-use areas, and sanitation and pollution control,and the measure shall not conflict with this chapter or the regulations adopted by the department. Except as provided in subdivision (c), any measure relating to boats or vessels adopted by any governmental entity other than the Supervisors Gioia,Uilkema, Greenberg DeSaulnier, Glover and John Gregory November 5, 2004 Page Three department shall be submitted to the department prior to adoption and at least 30 days prior to the effective date thereof. In accordance with California Harbors and Navigation Code Section 660, the County of Contra Costa may only enact legislation relating to vessels pertaining to time-of-day restrictions, speed zones, special-use areas, and sanitation and pollution control. Furthermore,any proposed legislation must be submitted to the State of California prior to adoption and at least 30 days prior to the effective date thereof. : Supervisor Federal Glover's proposed legislation states "it shall become effective 30 days after passing",and this office is unaware of any submission of this proposed legislation to the State of California. The proposed legislation exceeds the permitted scope under Harbors and Navigation Code Section 660 in that it regulates beyond the time-of-day restrictions,speed zones, special-use areas, and sanitation and pollution control. This proposed legislation duplicates,contradicts, and enters areas occupied by the laws of the State of California. For instance, the proposed legislation at Section 420-2.004 Definitions, contradicts definitions set forth the in the Harbors and Navigation Code by stating"notwithstanding the provisions of the Harbors and Navigation Code, the following words have the following meanings. . ." Specifically, the legislation at Section 410-2.004 Definitions (1)(C)(3), contradict state law where it states that, despite the fact a vessel may be registered with the Department of Motor Vehicles as such, it may be classified by the county as a floating structure for purposes of this ordinance. If the State of California defines a vessel as a vessel, thea the County of Contra Costa cannot define it as something else. The proposed legislation also attempts to do the same with the definition of a houseboat which is clearly defined by the State of California. The proposed legislation would require all houseboats to be subject to all applicable zoning,building,health, sanitation and other applicable provisions of the proposed code. See Section IV, 410-2.006 Prohibition. Houseboats are not manufactured in accordance with building codes, and the laws of California recognize this fact. Furthermore,houseboats on navigable waters are upon the waters of the State of California,and the waters of the State of California are not subject to the zoning ordinances of Contra Costa County. Supervisors Gioia, Uilkerna,Greenberg, DeSaulnier, Glover and John Gregory November 5, 2004 Page Four The proposed ordinance also attempts to regulate where vessels may be moored and for how long they may be moored. For instance,Section 410- 8.008(b) provides that a houseboat can only be moored at a permitted dock and may only be moored at a permitted dock for up to 30 consecutive days. This contradicts state law and exceeds authority of the county to regulate in this area as specified in Harbors and Navigation Code Section 660. This letter is not intended to be an exhaustive analysis of the proposed ordinance,but it does serve to raise a rvamber of concern-, about the proposed legislation. This office urges you not to pass this ordinance proposed by Supervisor Federal Glover. We are informed from his office that he intends to submit it for a vote in early December. We will be watching the agenda for the Board of Supervisors. Very truly yours, XTHE I LAW OFF JIM JIM G. PRICE T JI JGP/mb cc: Clerk of the Board art/ I December 3, 2004 Contra Costa County Board of Supervisors Supervisors' Chambers 651 line Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, dame --' fi 4 (Name) a (Street Address) _. (City 1 State 1 Zip) �x Copies to: California Dept. of Boating & Waterways Recreational Beaters of California December 3, 2004 j:. Contra Costa County Board of Supervisors Supervisors' Chambers 651 line Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Street Address} (City 1 State 1 Zip) a Copies to: California Dept, of Boating &Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Beard of Supervisors Supervisors' Chambers 551 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Meering Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, #�✓"'� f 'd rr {Street Address} F .. `` � .� ... ' r_ e f` (City 1 State 1 Zip) , Copies to: California dept. of Boating & Waterways Recreational Boaters of California December 3, 2004 Contra Crista County Beard of Supervisors Supervisors' Chambers 051 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2044-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situa# ns. { Sincerely, . .. � (Name) C s, (Street Address) 3 I { (City f State !Zip)—, Copies to: California Dept. of Beating aterways Recreational Boaters of California December 33 2004 Centra Costa County Board of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Beard of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Name) D r r :f (Street Address) �vt f✓��¢ , r� ,$<; f~ (City f State l Zip) ----2".41 --- " L; . Copies to: California Dept. of Beating & Waterways Recreational Beaters of California December 3, 2004 Contra Costa County Beard of Supervisors Supervisors' Chambers ; 551 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in status that control these situations. Sincerely, (N d' Al N (Street Address) S 3 � (City / State / Zip) Copies to: California Dept. of Boating & Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Board at Supervisors Supervisors' Chambers 051 Fine Street Martinez, CA 94550 Re: Vessel Sanitation and Mooring Ordinance #2404-44 Dear Beard of Supervisors: We the undersigned are apposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Strut Address) � y (City ! State 1 Zip) , Copies to: California Dept. of Boating &Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Board of Supervisors Supervisors' Chambers 551 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (lame) � 64 41C LE . (Street Address) A (City 1 State I Zip) 1w� ,.� /C Copies to: California Dept. of Boating & Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Board of Supervisors Supervisors' Chambers 051 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, ;Name} r (Street Address} f {City I State I Zip} r Copies to: California Dept. of Boating &Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Board of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #20104-44 Hear Beard of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Name) (Street Address) 4/ (City 1 State 1 Zip) Copies to: California Dept. of Boating & Waterways Recreational Beaters of California December 3, 20014 3. Contra Crista County Board of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned ars opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Name) {Street Address} J ±� f (City / State I Zip) _ i Copies to: California Dept. of Boating & Waterways Recreational Boaters of California 1 December 3, 2004 Contra Costa County Beard of Supervisors Supervisors' Chambers 051 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance ##2004-44 Dear Board of Supervisors, We the undersigned are apposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, l d (Name)yyyq F (Street Address) (City I State !Z€ p) - Copies to: California Dept. of Boating &Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Board of Supervisors Supervisors` Cumbers 551 pine Street Martinez, CA 94553 Re: Vessel Sanitation and flooring Ordinance #2404-44 Dear Board of Supervisors: We the undersigned are apposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Name) %,. (Street Address) ' �''" f. ,s (City 1 State ! Zip) P f Copies to: California Dept. of Boating & Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Beard of Supervisors Supervisors' Chambers 6151 Pine Street Martinez, CA 94553 Fie. Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Street Address) "t '" �-°� - (City l State 1 Zip) Copies to; California Dept. of Boating & Waterways Recreational Boaters of California December 3, 2004 Centra Costa County Board of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Dame) (Street Address) r f (City f State f Zip) Copies to: California Dept. of Boating &Waterways Recreational Beaters of California December 3, 2004 Contra Costa Count Beard of Supervisors Supervisors' Chambers 051 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely: i (Name) 1 Street Address (City I State I Zip) 'A" Copies to: California Dept. of Boating & Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Board of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are apposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Name) f v , (Street Address) (City l State 1 Zip) lk IO Copies to: California Dept of Seating &Waterways Recreational Beaters of California December 3, 2004 Centra Costa County Beard of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors; We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Name) t t L Lc (Street Address) .-1 7 -no (city ! State !Zip) f- ~r I ' Copies to: California Dept. of Boating & Waterways Recreational Boaters of California December 3, 2004 Centra Costa County Burd of Supervisors Supervisors' Chambers 551 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, }Z t (Name) (Street Address) Cit / State t z, Copies to: California rept. of Boating & Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Beard of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Name) _ :° (Street Address) Vim. {City ! State 1 Zip} Copies to: California Dept, of Boating & Waterways Recreational Boaters of California December 3, 2004 1 Centra Costa County Board of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Gear Beard of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Name) (Street Address .�:��, 'C�C��-,;..�{ 4 g \J (City 1 State !Zip) 6(' t Copies to: California Dept. of Boating & Waterways Recreational Beaters of California December 3, 2004 Contra Costa County Board of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 94553 Re. Vessel Sanitation and Mooring Ordinance #2004-44 Clear Beard of Supervisors: We the undersigned are apposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, f R (Name) �} f (Street Address) ` r; A ,- e s ' (City 1 State 1 Zips X Copies to: California Dept. of Boating &Waterways Recreational Boaters of California December 3; 2004 Centra Costa County Board of Supervisors Supervisors' Chambers 651 Fine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (blame) (Street Address e } (City I State I Zip) Copies to: California Dept, of Boating &Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Beard of Supervisors Supervisors' Chambers 6151 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are apposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, Irlarr:e (Street Address) (City f State zip) f P G t y F I-- Copies to. California Dept. of Boating & Waterways Recreational Boaters of California December 3, 2044 Contra Costa County Board of Supervisors Supervisors" Chambers 451 Pine Street Martinez, CA 04553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Beard of Supervisors. We the undersigned are opposed to the above mentioned ordnance because there are already rules and regulations in statue that control these situations. Sincerely, (StreetAddress) k (City 1 State / Zip) 1 Copies to: California Dept. of Boating & Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Board of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 04553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are apposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (lame) j (Street Address) (City I State I Zip) .� Copies to: California Dept. of Boating & Waterways Recreational Beaters of California t December 3, 2404 Contra Costa County Board of Supervisors Supervisors` Chambers 6151 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are apposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, i v (Name) A� (Street Address) � (City 1 State ! Zip) Copies to: California Dept. of Boating &Waterways Recreational Beaters of California December 3, 2004 Contra Crista County Board of Supervisors Supervisors' Chambers 551 Pine Street Martinez, CA 04553 Re: Vessel Sanitation and Mooring {ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely: JJ J (Street Address) r { , f r (City l State 1 Zip) • J Copies to: California Dept. of Boating & Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Board of Supervisors Supervisors' Chambers 051 Pine Strut Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #200444 Gear ward of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Name) t (Street Andress) - ? ` " ..... (City { State {Zip) 7--3 Copies to: California Crept. of Boating & Waterways Recreational Boaters of California ........................ December 3, 2164 Contra Costa County ward of Supervisors Supervisors' Chambers 651 Fine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Name) 9Z, (Street Address) (City l State Zip) __. - - �r Copies to: California Dept. of Seating & Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Beard of Supervia8ra Supervisors' Chambers 651 Pine Street Martinez, CA 94663 Re: Vessel Sanitation and Mooring Ordinance #2694-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations, Sincerely, {Name} 0 _ (Street Address) } (City l State 1 Zip) Alij : r . Copies to: California Dept, of Boating & Waterways Recreational Beaters of California December 3, 2404 Centra Costa County Board of Supervisors Supervisors' Chambers 551 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and flooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Name) \ (Street Address) ` (City 1 State 1 Zip) Copies to: California Dept, of Beating & Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Board of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, F (Name) " (Street Address) I t -/- (City / State I dip) Copies to: California Dept. of Boating & Waterways Recreational Beaters of California December 3, 2004 Contra Costa County Board of Supervisors Supervisors' Chambers 55.1 Pine Street Martinez, CA 94553 Re: Kessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, J A (Name) x f '�� i" j`` £ �i .'f�r,,..r `'f' X (Street Address) .r . (City l State /Zip) Copies to: California Dept. of Seating & Waterways Recreational Boaters of California December 3, 2044 Contra Costa County Board of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 94556 Re: Vessel Sanitation and Mooring Ordinance ##2404-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, ` (Street Address) (City / State I Zip) J '. t!> r -_ Copies to: California Dept. of Boating & Waterways Recreational Beaters of California December 3, 2004 Contra Costa County Board of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2094-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Name) (Street Address) � G (City f State f Zip) a `ti� Copies to: California Dept. of Beating & Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Board of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 04553 Re: Vessel Sanitation and Mooring {ordinance #2104-44 Dear Beard of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, (Name) � a-"- (Street Andress) (City f State /Zip) � ,° �'� A � h Copies to: California Dept. of Boating & Waterways Recreational Boaters of California December 3, 2004 Contra Costa County Board of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Board of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, f (Name) '- z (Street Address) (City f State f Zip} Copies tri: California Dept. of Boating & Waterways Recreational Boaters of California December 3, 2004 Y:. Centra Costa County Board of Supervisors Supervisors' Chambers 651 line Street Martinez, CA 9455; Re: Vessel Sanitation and Mooring Ordinance #2004-44 Dear Beard of Supervisors: We the undersigned are opposed to the above mentioned ordinance because there are already rules and regulations in stage that control these situations. Sincerely, (Name', (Street Address) (City 1 State l Zip) Copies to: California Dept. of Boating & Waterways Recreational Boaters of California December 3, 2404 Contra Costa County Board of Supervisors Supervisors' Chambers 651 Pine Street Martinez, CA 94553 Re: Vessel Sanitation and Mooring Ordinance #2404-44 Dear Board of Supervisors: We the undersigned are apposed to the above mentioned ordinance because there are already rules and regulations in statue that control these situations. Sincerely, J�;(Name) ) (Street Address) s ,; c (City J State f Zip) {. - Copies to: California Dept. of Boating & Waterways Recreational Boaters of California REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and puce it in the box near the speakers' rostrum before addressithe Board. (2e t( Z-00( - 4,-H- 1351 Name: .� �i2�� ���.i� � 2_ Phone: 9Z 2-KO(O Address: ��- ,?L, `.n 'tr'�.�� City: A I am speaking for myself or organization: A c- C—C3rY)YYl 0 VA CH CK ONE: 5 I wish to speak on Agenda Item # -- Date: . 'C ?-, 2 ci?�{ ��rf.ec_ yyLc. My comments will be-XGeneral , ,.For 19,Against ❑ I wish to speak on the subject of: ❑ I do not wish to speak but would like to leave these comments for the Board to consider: Please see reverse for instructions and important information REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. 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