The topic, brought to the board by Supervisor Anthony Farrington on behalf of Finley resident Phil Murphy, had a partial hearing in the midst of the board's crowded agenda.
Farrington said the speed limit topic has been a point of discussion with other constituents besides Murphy over the last seven or eight years.
Having been raised in the county, Farrington said he has lost friends in nighttime boating collisions.
“It has been something that is on the radar screen for a number of years,” he said, and he wanted to bring Murphy's request forward. “I think it's ripe for discussion.”
The discussion arrived on the board's agenda as a trial is getting ready to start next month in which a Carmichael man, Bismarck Dinius, is being prosecuted for vehicular manslaughter with a boat and boating under the influence.
The sailboat Dinius was piloting on the night of April 29, 2006, was hit by a powerboat driven by an off-duty Lake County Sheriff's official, Russell Perdock.
Various reports from court documents and court testimony have estimated Perdock's boat was traveling anywhere from 40 to 60 miles per hour when it hit the sailboat. At the same time, Dinius is alleged to have been piloting the sailboat without running lights. Willows resident Lynn Thornton died as a result of the crash.
Murphy cited that crash during the meeting as a reason for the speed limit proposal.
Farrington wanted to see the board's response to the issue and discuss a way forward without getting to a specific speed limit discussion.
Going before the board, Murphy asked for the discussion to be continued. He noted that the board was already far behind schedule on its crowded agenda – the item was called about 45 minute after its 3 p.m. slot on the agenda – sheriff's staff who could speak to the item weren't available and Sheriff Rod Mitchell had to leave for a 4 p.m. meeting.
Board Chair Denise Rushing also pointed out that they were missing a board member – Supervisor Rob Brown was absent from the afternoon session. Still, Rushing said they could take input on the item from people who had made the trip to the chambers for the item and couldn't come back for a future hearing.
Mitchell said Farrington discussed the issue with him last week. He said he wanted to have his Boat Patrol sergeant, Dennis Ostini, available to speak to the speed limit topic, but Ostini wasn't available for the Tuesday discussion.
“I think this is an important discussion to have,” said Mitchell, adding that it can be vetted and the logistical issues hammered out.
Mitchell said he could have Ostini discuss the issue with Murphy before a future meeting. “We're happy to participate in any way in the discussion.”
Supervisor Jeff Smith said topics like the speed limit usually go before the Clear Lake Advisory Subcommittee (CLAS) first.
Farrington said he wasn't averse to sending the discussion to CLAS, but he reiterated his intent was to see if the board is open to the idea.
However, people who came to speak on the item appeared, for the most part, opposed to the idea of establishing a speed limit. The reasons given varied from the pleasure and romance of being on the lake at night to the need to not deal with all situations with a broad speed admonition.
John Graham of Clearlake Bassmasters said the group is opposed to the idea based on what they've heard of it so far. He said they don't think there is an issue.
Graham said boating in the dark is a routine thing for bass fishermen, and a speed limit such as 15 miles per hour would restrict the area of the lake that bass fisherman can cover. It also would send a bad message, and impact the economy by hurting fishermen. One bass fishing circuit runs just at night, Graham added.
“I really don't think it's necessary,” he said. “We're opposed to it but we want to be involved in any process you undertake.”
Lower Lake resident Rick Gunier said his family owns four lakefront homes, and there are thousands more lakefront homeowners who live in the lake because they like boating.
“We're going to kill a whole social life that people enjoy because of a few incidents,” he said.
Many crashes – including the April 2006 crash – have given rise to debates about lighting, said Gunier.
Another boater and fisherman, Sam Karnatz, presented the board with statistics that show that most boat crashes result from alcohol or careless operation, with speed ranked as the No. 3 contributing factor. The majority of boat crashes occur between 10:30 a.m. and 8 p.m.
Karnatz didn't support making responsible citizens pay for the mistakes of people who are careless on the water.
Murphy said when he originally brought the speed limit issue to the board, he had no clear idea about how an ordinance – if there is one – should be structured, just his own experiences as a sailor.
He said most large lakes have nighttime speed limits, including 15 miles per hour for Lake Shasta and 10 miles per hour for Lake Oroville. “There's a good reason for that.”
The intent, said Murphy, is to prevent people from going upwards of 40 miles per hour across the lake in the middle of the night.
“I'm more than open to any kind of suggestions people have,” Murphy said.
He noted that he welcomes the views of the bass fishing community and said the more input the better.
“I don't want anyone to get the idea that the board or I am just trying to ram some really rock solid idea down their throats without their bing listened to and being considered,” Murphy said.
“You're promoting a conversation,” said Rushing, to which Murphy replied, “Exactly.”
Murphy said the 2006 crash was “completely preventable.”
He said he thought that crash would have resulted in a speed limit on the lake or changed behaviors, but he said he can still hear boats speeding across the lake at night. That's something serious sportsmen don't do.
“We have some people whose behaviors have not changed,” said Murphy. “I think a catastrophe's inevitable.”
Smith said he's familiar with Lake Shasta, and comparing it to Clearlake isn't an “apples to apples” comparison. He said there are no lights around Lake Shasta, which also has numerous islands that one can easily run across even in daytime, and a boat can't always see Lake Shasta's shoreline. Smith said he usually travels at about 35 miles per hour when traveling on Clear Lake at night.
“There's a lot of things you have to look at,” he said.
Supervisor Jim Comstock suggested sending the speed limit discussion to CLAS and then eventually bringing it back to the board.
Farrington said he didn't want to go through that process unless other board members would entertain it, and he said three board members – Rushing, Comstock and Smith – appeared to have their minds made up. Rushing said she and fellow board members hadn't decided the issue.
Sitting in the audience for another item on the agenda was Pam Francis, deputy director of Lake County's Water Resources Division. Smith asked her if it would be appropriate to have CLAS look at the speed limit question. Francis said yes.
The board asked Public Works Director Brent Siemer – whose department includes the Water Resources Division – if he would have the item placed on the agenda for the next CLAS meeting, which takes place Friday. Siemer said he would.
Smith said he wanted the issue dealt with quickly before they get into the middle of summer.
The board gave no future date for continuing the speed limit discussion.
E-mail Elizabeth Larson at
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