Loading...
HomeMy WebLinkAboutMINUTES - 05211985 - 1.83 1-093 TO: ' BOARD OF SUPERVISORS 'FROM: PHIL BATCHELOR Contra County Administrator Costa DATE: . May 6 , 1985 County SUBJECT: PROPOSAL CONCERNING LIMITING BOAT SPEED IN FISHERMAN'S CUT SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Accept report from the County Administrator recommending that the boat speed limit in Fisherman' s Cut not be made more restrictive than that specified in State law. REASONS FOR RECOMMENDATION/BACKGROUND: The Board of Supervisors received a request from Richard Rockwell, Secretary, Reclamation District No. 2059, requesting that the County adopt an ordinance to limit boat speed in Fisherman' s Cut to five miles per hour. The request was referred to County Counsel and the Sheriff ' s Department for review and recommendation. The reply from County Counsel indicated that it is not necessary for the County to adopt such an ordinance because of the provision of Chapter 410-4 of the County Ordinance Code which permits your Board to determine that the provisions of that chapter are applicable to Fisherman' s Cut. Such a determination requires that any such proposed regulatory measure on the County' s part must first be submitted to the State Department of Navigation and Ocean Development for review. However, the Sheriff ' s Department has reviewed the request and is of the .opinion that the establishment of such a speed zone in Fisherman' s Cut would be impractical due to the length of the waterway and the amount of boat traffic that utilizes it. Fisherman' s Cut is used as a major boat traffic thoroughfare between the San Joaquin and False Rivers. Currently, the Sheriff ' s' Marine Services Bureau does speed enforcement in Fisherman' s Cut, based on State Harbors and Navigations Code Section 655. 2(a) which states: "No person shall operate any vessel in excess of 5 mph within 200 feet of any way, or landing float, to which boats are made fast or which is being used to load or unload passengers. " Within the limits of this code section, the Sheriff currently does provide enforcement measures according to the availability of existing resources. To the, extent possible, the Sheriff' s Department will continue to enforce such a speed limit within the 200 foot zone. Beginning July 1, 1985, four additional deputies and a patrol boat will be added to the Sheriff' s Marine Patrol asa result of State funding. The Department has indicated that this should help increase enforcement of the five mile per hour limit, consistent with Stat Jaw. CONTINUED ON ATTACHMENT: x YES SIGNATURE: X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAT14 OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS . _ UNANIMOUS (ABSENT _ ) 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 SUPERVISO ON THE DATE SHOWN. ,Q CC: • Sheriff-Coroner ATTESTED CAO v . Richard Rockwell, Secretary PHIL BATCHELOR, CLERK OF THE BOARD OF Reclamation District NO. 2059 SUPERVISORS AND COUNTY ADMINISTRATOR P.O. Box 129 Mee2/7Aptioch, CA 94509 BY DEPUTY -2- This Office concurs with the Sheriff' s Deparment recommendation that the speed limnit in Fisherman' s Cut continue to be enforced in accordance with the State Harbors and Navigations Code.