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HomeMy WebLinkAboutOrdinance - 2404 - Amend Title 10 . ORDINANCE NO. 2404 . 'c' AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 10 (pUBLIC PEACE, MORALS AND WELFARE), CHAPTER 10.26 (SACRAMENTO RIVER AREA REGULATIONS) BY ADDING SECTION 10.26.065 RELATED TO EMERGENCY RULES IN EFFECT DURING CYPRESS BRIDGE RECONSTRUCTION PROJECT. WHEREAS, the Shasta County Sheriff has asked the City to consider restriction of boating traffic on the Sacramento River in an area 100 yards upstream and SO yards downstream of the Cypress Bridge during the pendency ofthe Cypress Bridge Reconstruction Project in order to protect the health and safety of the public; and WHEREAS, the hazard to the boating public created by the bridge reconstruction project has been evaluated and documented by qualified safety consultant, Wes Dodd, retained by the California Department of Boating and Waterways in a report titled "Cypress Avenue Bridge-Sacramento River Safety Investigation" dated January 24, 2008; and WHEREAS, the Mayor has appointed a committee of experienced river users to further study the issue. The committee has met and conferred in a series of meetings over the course ofa month. They have toured and experienced the use of the boat passage in various types of vessels, including drift boats and power boats. They have read and considered the Wes Dodd Report and the advice from the Sheriffs department staff. As a result of considering all the evidence, the committee has determined to recommend that the following emergency rules be considered by the City Council. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 10 (Public Peace, Morals and Welfare), Chapter 10.26 (Sacramento River Area Regulations), Section 10.26.065 is hereby added to read as follows: 10.26.065 Cypress Bridge Construction Zone Emergency Rule. The project of reconstructing the Cypress Bridge has created conditions which may risk the safety of persons utilizing the Sacramento River for recreational purposes within the construction area. The purpose of this section is to create a temporary emergency rule pursuant to authority granted to the City in Harbors and Navigation Code section 660 (c) to restrict recreational boating in the Construction Zone during the pendency of the construction project, in order to minimize risk of hazard to recreational users of the Sacramento River. A. The emergency rules shall be applicable within the Construction Zone: The upstream boundary of the Construction Zone is 100 yards upstream from the Cypress Bridge, and the downstream boundary of the Construction Zone is SO yards downstream from the Cypress Bridge. The following rules shall apply in the Construction Zone: I ~ () -c. . . ~, I. All boating activity shall be prohibited within the Construction Zone on any day when flows in the river exceed 7,000 cubic feet per second. On such days, signs shall be conspicuously posted at the public boat ramps in the City of Redding at River Mile 293 (South Bonnyview Boat Ramp) and at River Mile 299 (Boat Ramp at the Posse Grounds) as well as the boat passage itself, notifYing boaters that the passage is closed and that all boating is prohibited in the Construction Zone. 2. On days when flows in the river are less than 7,000 cubic feet per second, the passage will open between the hours of 1/2 hour prior to sunrise to 1/2 hour past sunset. Signs at the boat ramps shall clearly indicate that "BOAT OPERATORS LACKING SIGNIFICANT EXPERIENCE NA VIGA TING THE RIVER ARE STRONGLY DISCOURAGED FROM USING THE BOAT PASSAGE" and the following emergency rules shall be in effect: 1. Permitted vessels within the Construction Zone shall be limited to motorboats, kayaks, rowboats, drift boats, and rafts or pontoon boats outfitted with motors or fixed oar locks and two fixed oars. Vessels prohibited from the Construction Zone include: sailboats, canoes, inner tubes, air mattresses, sailboards, or any toys and flotation devices customarily used as a swimming aid or by swimmers. 11. Each person shall have a wearable u.S. Coast Guard-approved personal flotation device (PFD) which is properly fitted, in serviceable condition. PFDs are required to be worn in the Construction Zone. B. It is expected that the Cypress Bridge Reconstruction Project and any dangers which may emanate therefrom will extend until the completion of the project, estimated to last until December 24, 2010. The provisions of this section shall expire and be automatically repealed on December 24, 2010, unless further extended by amendment to this section. Section 2. This is an urgency ordinance within the meaning of Section 25131 of the Government Code and an ordinance for the immediate preservation ofthe public peace, health, and safety within the meaning of Section 25123( d) ofthe Government Code and therefore shall be passed immediately upon introduction, and shall take effect immediately. The facts constituting the urgency and the need for this emergency rule are fully set forth and documented in a report titled "Cypress Avenue Bridge-Sacramento River Safety Investigation" dated January 24, 2008, prepared by safety consultant, Wes Dodd, retained by the California Department of Boating and Waterways. Said report is on file in the Office of the City Clerk and is incorporated by reference herein. Section 3. The passage of this ordinance is not a "project" according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. Section 4. This ordinance shall take effect immediately upon introduction, and the City Clerk shall certifY to the adoption thereof and cause its publication according to law. 2 .. '" . . I HEREBY CERTIFY that the foregoing ordinance was introduced, read and adopted by the City Council at a regular meeting on the 18th day of March, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: r". .) " {")J f "Jj. , /' )1' . . ,c C' , '. J'r. < '" ' ,', / IE STROHMA E~'City Cler ,r..... _ _ "' .' - ." ~ ~ ~ l,,', l 1 ~ ,",.", ,.._ ..... " . '" ~1 .' '\ .~ Dickerson, Jones, Murray, and Stegall None Bosetti None Form Approved: . Attorney 3