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.