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HomeMy WebLinkAbout1980-01-15; City Council; 6133; Agua Hedionda Lagoon studyCITY OF CARLSBAD AGENDA BILL NO. // A3\? Initial: Dept.Ha/7?:>DATE: January 15. 1980 ~^^ *• DEPARTMENT: Parks and Recreation . Subject: AGUA HEDIONDA LAGOON STUDY Statement of the Matter The City Council has asked that the issues of lagoon user fees, liability and enforcement be investigated. During this process other related issues regarding boat use became evident. Input has been gathered from other agencies, the marina operator, the p.atrol officer and various members -of staff. The Parks and Recreation Coxrmission has discussed this topic and concurs with the recommendations presented in the report. Exhibits. 1. Agua Hedionda Lagoon Study, dated November 30, 1979 Recommendation -..,.• That Council, review the study and set a date of February 11, 19-80 for a public hearing and workshop session. This would be an adjourned regular meeting. Council Action: 1-15-80 Council directed staff to set the matter to a public hearing on February 11, 1980 at an adjourned regular meeting. 2-11-80 Council approved various staff recommendations, with certain amendments. See Minutes for details. ME MORANDUM TO VIA : FROM : DATE : SUBJECT: J. Wayne Dernetz, City Manager Bill Baldwin, Assistant City Manager Parks and Recreation Departraent^^ November 30, 1979 Agua Hedionda Lagoon Study This report provides the framework for City Council dis- cussion and policy decisions regarding Agua Hedionda Lagoon boat use. The specific areas addressed are liability, physical considerations, enforcement and lagoon use fees. Since the issues are complicated and interrelated, some of the recommendations have been left open-ended to provide for City Council policy direction. In the case of the lagoon use fees, four options are given for Council con- sideration. Parks and Recreation staff has consulted with other agencies, the lagoon operators and various members of staff. It is recommended that this issue be discussed at a workshop session. DLB:ML:vlh AGUA HEDIONDA LAGOON STUDY Prepared by CARLSBAD PARKS AND RECREATION DEPARTMENT November 30, 1979 TABLE OF CONTENTS Introduction 1 Liability 3 Lagoon Enforcement 5 Lagoon Use - Physical Considerations 7 Sandbars 7 Speed Limit 8 Jet Skiing 9 Other Uses .9 Buoys 10 Limiting Maximum Use 11 Regulatory Actions 12 Fiscal Considerations 13 Proposition 4 14 Lagoon Use Fees 15 Summary of Recommendations 21 ATTACHMENTS: 1. Letter from Department of Fish and Game RE: Dredging 2. David Smith and Associates - Recommendations 3. Memorandum to Patrol Commander from the Lagoon Patrol RE: Marker Buoys 4. Carlsbad Municipal Code - Chapter 11.24 5. Big Bear Lake Rules, Regulations and Procedures 6. Boat Use of Snug Harbor during 1979 AGUA HEDIONDA LAGOON STUDY INTRODUCTION The issues and viewpoints concerning the use of Agua Hedionda Lagoon are many and varied. This report will attempt to address the specific issues of lagoon surface use, liability, enforcement and user fees. It is recognized that there are many uses for a water facility that range from passive to highly active; however this report will concern itself mainly with the power boat and water skiing uses. The City Council at their January 16, 1979 meeting discussed some of the policy issues relating to the lagoon. They directed staff to defer any long-term committment for lagoon management or maintenance until the issue of ownership is resolved. Staff was also directed to conduct discussions with the Department of Fish and Game to determine their position on the matter of dredging the middle and inner lagoon. The Department of Fish and Game responded in the attached letter (Attachment 1), that some dredging may be acceptable if certain guidelines are followed. Other issues of concern to Council were speed limits for boats and the possibility of each person using the lagoon supplying their own insurance. Council also directed staff to monitor the siltation rates, as recommended in the Smith study of dredging requirements. This report will necessarily contain certain assumptions to limit the discussion. One of the assumptions is that the surface of the lagoon will continue to be used primarily for power boating and water skiing. Council has also directed that recreational uses should be self-supporting, wherever possible. It is also assumed that a private site operator will continue to operate the lagoon. In a recent letter to the Comprehensive Planning Organization it was stated that the City of Carlsbad considers the primary purpose of the lagoon is to provide for local recreational needs, as opposed to becoming a regional park site as proposed by C.P.O. - 2 - LIABILITY A major consideration is liability to the City. The lease agreement with San Diego Gas & Electric clearly states that S.D.G. & E is held harmless from any liabilities resulting from use of the lagoon. The City does not have a separate liability insurance policy for Agua Hedionda; however, it is covered under the general City policy. The City could be held liable for any accidents or injuries happening to persons using the lagoon. Claims could be the result of alleged improper enforcement, improper regulations, physical hazards, improper mix of recreational activities or failure to correct-any'of .the'se/ Staff-believes City liability can be reduced or limited by a combination of specific measures that will be discussed later in this report. Briefly, these measures concern enforcement, physical con- siderations and regulatory changes. Several lakes in the area were contacted, and only Big Bear Lake has a requirement for a boat owner to carry liability insurance. Persons operating a boat on Big Bear Lake must be covered for each occurence and must name Big Bear to be notified in the event of cancellation, before a permit will issued. Farmer's Insurance Group in Carlsbad was contacted and they said the usual coverage for motor boats is $300,000 and the minimum they would recommend would be $100,000. The City - 3 - could be designated as an "additionally named insured" at no extra cost to the boat owner, and this would only be for claims resulting from the boat owners negligence. It is recommended that all power boat users of the lagoon be required to obtain a $300,000 liability policy, naming the City as additionally insured and to be notified in the event of cancellation. Relating to the issue of liability is the fact that no agree- ment exists between the City and the operators of the marina (Fox's Landing). Fox's landing was subleased from the City in September, 1963 for the "purpose of erection and mainte- nance of docks, boat slips and boat moorages; and for no other purposes." This agreement expired on March 31, 1972. It -is recommended that a new agreement be executed with the opera- tor "s at Fox's Landing in Snug Harbor. This will be neces- sary to protect the City and will serve to clarify the rela- tionship with the City under any new policies established as a result of this report. - 4 - LAGOON ENFORECMENT Enforcement of the State Harbors and Navigation Code and other City and State laws is accomplished by the Carlsbad Police Department. During the off-season months enforcement is handled on an on-call basis. From approximately the end of May until the first of October, a police officer is assigned to the lagoon five days a week (Tuesday and Wednesday excluded). The City provides buoys, a patrol boat and a patrol officer during the summer months. The Police Chief, patrol officer at the lagoon and the operators all agree that a patrol officer has been an advantage during the summer months for law enforce- ment and safety purposes. The officer not only has enforcement duties, but also instructs citizens in use of the lagoon and safety practices. While this may be desirable from some .-; points of view, it appears that this is- a higher level of-ser- vice than provided for other segments of the community. The City Council at their regular meeting of February 7, 1978 considered the issue of enforcement. Three methods were discussed. One method was a permit system, which will be discussed in the last section of this report, and which should be considered in conjunction with the other two methods. The other two methods were to create a new position of harbor patroliran in another department and to continue with the seasonal patrol operation, as it presently exists. The staff report, as accepted by Council, stated, "At this point in time, due to the seasonal nature of the use of the _ 5 _ lagoon, it does not appear feasible to create a special class of employee to enforce the Harbors and Navigation Code at the lagoon. If in the future, full-time, year-round enforce- ment is needed at the lagoon, there may be advantages to creating such a position." Council should probably reconsider these two options at this time, although the need is still for seasonal patrol. Police reports for August, 1978 and August 1979 were compared and it appears that incidents on or near the lagoon have increased during this busy month (three incidents in 1978 and eight in 1979). A City police officer is paid at an hourly rate of approximately $10 per.hour. A special seasonal lagoon partol officer would be paid at a rate of approximately $7 per hour, based on ranges paid by other agencies in the area for similar services. This position could be given peace officer status as outlined in Section 830.3 of the Penal Code. The option of hiring a special class employee of lagoon patrol would save the City approximately $2300 per year in salaries and benefits. However, some of these savings would be reduced by administrative costs, estimated by the Personnel Director, at $1000 for the first year, leaving a net savings to the City of $1300. It is recommended that the City provide a special patrol officer with the authority and similar qualifications of a peace officer. This would require the establishment of a new class employee. It is further recommended that this position be seasonal. - 6 - LAGOON USE - PHYSICAL CONSIDERATIONS After reviewing the operations at the lagoon we have been able to identify several problems relating to physical as- pects of the lagoon. One of the major issues is possible future dredging. A report was prepared by David Smith and Associates in July, 1978. A copy of the report recommendations is attached (Attachment 2). A monitoring program is presently underway to determine if future dredging will be necessary, which is estimated to cost between $500,000 and $750,000. Sandbars and Water Skiing Areas The sandbars pose a danger to both boats and water skiers, and consequently increase the chances for City liability. At the February 16, 1979 City Council meeting, Council con- sidered several issues, as outlined by the Utilities/Main- tenance Director. One of the recommendations was "Limit speed of power boats in the shoal areas to 5 m.p.h. This may pose serious restrictions to water ski launching and drop-off at the only available launch area. This will reduce City liabilities for accidents/injuries; however, it will increase the policing requirements." This is an option that Council may choose as a means of limiting liability. This would have the disadvantages of reducing the surface area available for skiing and would necessitate developing another take-off and drop area. Currently, there are two take off and drop areas in Snug - 7 - Harbor - one on the east shore and one on the north shore. The Parks and Recreation Commission expressed some concern with the idea of closing Snug Harbor to water skiing and sug- gested that the take-off and drop areas be limited to only the north shore and that skiing continue to be allowed in the harbor. The operator of the marina has suggested that the harbor area only be used for take-off and drop purposes and that no cir- cular skiing be allowed in this area. He recommended that the two take-off and drop areas continue to be used. It is recommended that this area be limited only to boat launching and skier take-off and drop off. This would re- duce the number of boats in this congested and limited area and decrease the possibility of accidents and injuries. It is further recommended that there be only one take-off and drop area. Speed Limit The speed limit is currently 45 m.p.h. on the lagoon. It is believed that there is no problem relating to speed at this time. Lake Ferris, Lake Elsinore and Big Bear Lake all have speed limits of 35 m.p.h., but this is very difficult to enforce. It is realized that water skiers (depending on their ability) usually ski at speeds between 30 and 45 m.p.h. Council may wish to reduce the speed on the lagoon in an - 8 - attempt to further limit the possibilities of serious accci- dents. It is recommended that no change be made in the 45 m.p.h. speed limit at this time. Jet Skiing The City of San Diego has had some serious accidents involving boats and jet skis and the Parks and Recreation Commission believes they may pose a hazard on the lagoon. San Diego has established certain areas for jet ski use in Mission Bay. This option has been discussed and it is felt that the lagoon is not large enough to have a limited area for jet skis. Staff has considered two options. One is to eliminate jet skis altogether from the lagoon. The second is to limit jet skiing to weekdays only; thereby removing them on weekends: when there is likely to be boat congestion. There was an ac- cident involving a jet ski and a boat on August 10, 1979; how- ever no one was injured. It is recommended that jet skis be allowed on the lagoon only on weekdays and during special events approved by Council (Jet Ski Regatta). Other Uses In addition to power boating, skiing and jet skis there are other uses of the lagoon surface area. These include sailing, rowing, canoeing and fishing. These activities generally take place in the center of the lagoon, leaving outer areas - 9 - for power boats; however, there are no regulatory limits imposed on non-power uses. Staff believes there is a poten- tial hazard in mixing power and non-power uses, especially during periods of heavy use. It is recommended that from May to October, that all non- power boating uses be limited to Monday through Friday, as this is the peak season for power boating use. During the off season there would be no limitation. It is believed that this measure would reduce potential hazards related to mixed use of the lagoon. Buoys The City provides buoys, a patrol boat and a seasonal officer for the lagoon at a cost of approximately $ir,140 per year. These costs will be further discussed in the section on fis- cal considerations. The buoys are presently maintained by the Utilities/Maintenance Department at a cost of approximately $850 per year. From discussions with City staff, it has been determined that the present buoys are hazardous to water-skiers (see Attachment 3). There are presently fifteen buoys on the lagoon and sandbar areas. They are of the cylindrical type and consequently the ski ropes bounce off of them, creating a striking hazard for skiers. It is recommended that the Parks and Recreation Department budget for new, safer buoys in skier drop-off areas for next - 10 - fiscal year. Another possibility is to have the operators at Snug Harbor purchase and maintain the buoys, as part of the proposed use agreement. The City of San Diego makes their own buoys from plywood and foam and staff has obtained plans for these, which have worked in San Diego and Mission Bay. It appears that the more durable buoys are more dangerous to skiers and boats, therefore a safer and less durable buoy is recommended. Limiting Maximum Use It has been considered whether limiting the maximum number of boats using the lagoon would help to limit potential acci- dents and injuries. Currently, during an exceptional weekend as many as 80 boats have been at the lagoon at one time. The avearage during the peak season is 30 to 50 boats a day. ..Ac- cording to the marina operator, as many as 150 boats at one time have been at the lagoon when Whitey's Landing was in operation. The police officer assigned to the lagoon this summer beleives that no more than 80 boats should be at the lagoon at one time. Council may wish to set a limit as to the number of boats using the lagoon. Staff recommends that the Ctiy set a limit of 80 boats on the lagoon at any given time. - 11 - REGULATORY ACTIONS The City regulations concerning use of Agua Hedionda Lagoon are established in the Municipal Code, Chapter 11.24 (Attach- ment 4). Depending on Council discussion and actions, certain areas of this chapter will have to be addressed or changed. Staff has reviewed the operations at the lagoon in detail and has condensed this information into specific recommendations and options, which are summarized at the end of this report. This summary includes reference to the applicable sections of the Municipal Code. - 12 - FISCAL CONSIDERATIONS The City provides buoys, a seasonal patrol officer and a patrol boat at an approximate yearly cost of $11,140. These annual costs are summarized as follows: Buoys (replacement & repair) $ 850 Boat (maintenance) 1,100 Boat (amortization) 700 Patrol (salary & benefits for 5.mos.) '8,490 $U,I4U It has already been recommended that the City budget for new, safer buoys for fiscal year 1980-81. The patrol boat will also be considered during the budget process, but it should be pointed out that it has nearly reached the end of its useful life. Earlier in this report, Council was asked to consider the issue of the seasonal patrol officer - whether to continue providing the officer or establish a new job class of harbor patrol officer. It has been estimated that approximately $2000 per year could be saved in salaries by not using a Carlsbad Police Officer; however, the first year administrative costs would be approximately $1000, according to the Personnel Director. These administrative costs would include writing a new job description, advertising, recruiting, testing and processing. These costs are graphically summarized below: Police Officer New Position (5 tnonths) Lagoon Patrol Salary & benefits ~$B59D"^ ~$5T90" Administrative Costs - 1000 (new) TOTAL $8490 $7190 Estimated Savings «., (first year) ?130° - 13 - PROPOSITION 4 The Council has requested that the possibility of charging user fees be investigated. The next section will discuss this issue and provide several options for consideration. With the passage of Proposition 4 (Gann. Initiative), the issue of charging user fees takes on a new light. Because of the lack of specificity in the language of the initiative, there are many issues that will need to be re- solved before it is implemented. The effect of user charges or fees and how they affect the appropriation limit seems to be clear. .Briefly, if a user fee is instituted for a service that is financed from the general fund, then the appropriations limit is reduced for that year. To quote the text of the Gann Spending limitation initiative directly, Section 3 states: "(b) In the event that the financial responsibility of providing services is transferred, in whole or in part, from an entity of government to a private entity, or the financial source for the provision of services is transferred, in whole or in part, from other revenues of an entity of government, to regulatory licenses, user charges or user fees, then for the year of such transfer the ap- propriations limit of such entity of government shall be decreased accordingly." In conclusion, it appears that if Council decides to establish a user charge for boats using the lagoon, then the appro- priations limit for fiscal year 1980-81 will be reduced. - 14 - Lagoon Use Fees The issue of lagoon use fees has been brought up by the City Council on several occasions. If the City decides to esta- blish user fees, a separate fund could be set up to help recover costs of maintaining and patrolling the lagoon. Water skiing in the San Diego area appears to be limited to Agua Hedionda Lagoon, Mission Bay, San Diego Bay, Lake Ferris, Lake Elsinore and Big Bear Lake. There are no fees charged for using San Diego and Mission Bay. Lake Ferris and Lake Elsinore are State operated and charge for boat use of the Lakes at a rate of $3 per day, or an annual permit can be obtained for $30, which provides entrance into any State lake. This includes the use of State boat launching faci- lities, where available. Big Bear Lake is operated by Big Bear Municipal Water District and is the only lake contacted that issues boat permits with a requirement to obtain liability insurance. The require- ments for obtaining a boat permit at Big Bear Lake are: 1. Boat owner must submit proof of having liability insurance in the amount of $300,000 for each occurrence. 2. Big Bear is to be named by the insurance company to be notified in the event of cancellation of the insurance policy. 3. All boats must have State approved registration numbers. A copy of the current Big Bear Lake Rules, Regulations and Procedures is attached (Attachment 5). The fees for use of Big Bear Lake are: - 15 - 36 H.P. and over - $32 per year 35 H.P. and under - $25 per year Self-propelled boats - $ 5 per year One day permit - $ 7 per year Big Bear estimates they turn back less than 10% of the patrons because of the liability insurance requirement. Farmer's Insurance Group in Carlsbad was contacted and they said the usual coverage for motor boats is $300,000 and the minimum they would recommend would be $100,000. It is recom- mended that an insurance requirement be established if the City Council decides to issue lagoon use permits. A $300,000 requirement is recommended. A breakdown of the monthly boat use of the lagoon is provided (Attachment 6). This breakdown only includes boats launched at Snug Harbor (Fox's Landing). It is unknown how many boats are launched or moored at Bristol Cove; however, a visual survey indicated that about 25 boats were docked there. It can be seen that approximately 5,100 boats will be launched from the marina during this calendar year. This figure includes repeat users, so it is difficult to estimate how many different boat users launch from the marina during the year. It is estimated that between 900 and 1,200 different boats will use the lagoon during 1979 (an average figure would be 1,050 boats). The City's approximate yearly direct costs for Agua Hedionda Lagoon are: - 16 - Buoys (replacement & repair) $ 850 Boat (maintenance) 1^.100 Boat (amortization) 700 Patrol (salary & benefits for 5 rnos.) 8,490 $11,140 TOTAL In addition to the estimated $11,140 maintenance and patrol costs, an additional capital outlay for a replacement boat will be necessary in the future. Using an estimated 1050 boats using the lagoon (some of these will be repeat users), it would take approximately a $10 permit fee per year, just to recover the costs of maintenance and patrol. Additionally, if Council decides to establish a user fee there will be costs relative to administration, as well as the capital out- lay for a replacement boat. Staff estimates that approxi- mately $1,000 per year will be necessary to administer a permit program. The City should charge a minimum of $11 per permit just to recover maintenance, patrol and admini- strative costs. The City Council may also desire to begin building a fund to help defray the costs of dredging the lagoon in the event the monitoring program indicates that dredging is desirable. In this case, the fees would need to exceed the $11 yearly fee mentioned above. It is estimated that based on the annual fees charged at other power boating lakes in the area (Big Bear-$32, Lake Elsinore-$30, Lake Perris- $30) that a maximum of $30 should be charged at the Lagoon. Option "A" is a minimum fee to recover maintenance, patrol - 17 - and administrative costs. Option "C" is a maximum recom- mended estimate of what the market will bear. Option "B" is midway between the minimum and maximum. Option "D" sets separate fees for residents and non-residents (residents pay taxes that help support the lagoon anyway). Permit Yearly Permit Weekly Permit Daily Permit Self-propelled boats* A$11 6 4 2 &§20 10 5 3 C. ?30 15 7 5 n Resident -$20 Nbn-Resident- 30 Resident - 10 Non-Resident- 15 Resident - 5 Nbn-Resident- 7 Resident - 3 Non-Resident- 5 ^Annual No accurate statistics are available at this time on lagoon use and frequency of use, so these fees may have to be adjusted at a later date. It should also be mentioned that as the fees increase, use may decrease. In any event, some options are provided for Council consideration. Administratively, it would be better if most of the permits issued were for yearly use. This would reduce administrative time and costs of issuing permits. For this reason, the cost for the daily permit costs are high relative to the yearly permit, but there is still a reasonable charge for anyone desiring only one day's or one week's use. Most Carlsbad residents who use the lagoon will probably be able to benefit from the purchase of a yearly permit. Permits should probably be valid from the date of issue until - 18 - a year later, rather than on a calendar or fiscal year basis. This procedure would reduce heavy administrative processing, all at one time each year, and would tend to encourage the use of yearly permits. The details can be worked out at a later date, if Council desires to institute permit fees. * It is recommended, if permits are issued, that the proceeds be deposited into a separate trust account to be used for maintenance costs and as a savings account for any capital costs (i.e., new boat or dredging). It is further recom- mended that the costs of providing the patrol officer be reimbursed from this lagoon fund. This account would be used for any maintenance costs, purchase of new buoys, purchase of supplies and purchase of any capital items. It may be necessary for the City to lend the account funds from time to time- A projected five-year revenue summary is presented below for Options A, B, C and D. It is based on the assumption that 1,050 permits will be issued the first year, and that they will be annual permits and activity will increase by 1070 each year. YEAR PERMITS REVENUE 1 2 3 4 5 1,050 1,155 1,270 1,400 1,540 TOTALS Option A $11,550 12,705 13,970 15,400 16,940 $70,565 Option B $ 21,000 23,100 25,400 28,000 30,800 $128,300 Option C $ 31,500 34,650 38,100 42,000 46,200 $192,450 Option D ? 26,250 28,875 31,750 35,000 38,500 $160,375 From time to time there may be requests for special events at - 19 - the lagoon, such as the Jet Ski Regatta that was conducted last year. It is recommended that such events continue to be subject to City Council approval and conditions. It may be necessary to work out an agreement with the marina operators to assist with the collection of lagoon fees. Additionally, permits could be obtained at the Parks and Recreation office. Staff recommends that Council accept Option A to recover direct maintenance, patrol and administrative costs, if they decide not pursue dredging of the lagoon. If Council decides to pursue dredging sometime in the future, Option D is recom- mended, as this provides substantial income with a different fee set for residents and non-residents. In summary, if the City Council desires to establish use fees, it is recommended that the Parks and Recreation Department work out the administrative details and that the above- mentioned guidelines be followed. The requirements for a lagoon use permit, other than payment of the fee, would be that the boat have approved state registration, $300,000 liability insurance with a condition that the City be noti- fied in the event of cancellation, and that all boats and operators meet all State and City regulations (i.e., safety equipment, mufflers, speed limit, etc.) - 20 - SUMMARY OF RECOMMENDATIONS This report was written in an attempt to give the necessary background and still remain as brief as possible. There are several recommendations and some discussion items that the City Council may wish to consider. A listing of all recom- mendations is presented below: Regulatory Recommendations 1. All power boat users be required to obtain a $300,000 liability insurance policy naming the City as ad- ditionally insured and to be notified in the event of cancellation. (Carlsbad Municipal Code, New Section) 2. Snug Harbor be limited to boat launching and skier take- off and drop-off and that there be only one area in the harbor for take-off and dropping of skiers. (C.M.C., New Section) 3. No change be made in the 45 m.p.h. speed limit at this time. (C.M.C., Section 11.24.022) 4. Jet skis be allowed on the lagoon only on weekdays and during special events approved by Council. (C.M.C., New Section) 5. Non-power boating use to be limited to Monday through Friday from May to October, with no limitation during the off-season. (C.M.C., New Section) 6. Special events at the lagoon continue to be subject to Council approval and conditions. (C.M.C., Section 11.24.040) 7. The requirements for a lagoon use permit would be that the boat owner have approved state registration, $300,000 liability insurance with a condition that the City be named as an "additional insured" and to be notified in the event of cancellation. (C.M.C., New Section.) 8. Lagoon use fees be established. Option A be accepted if Council decides not to pursue dredging the lagoon. If Council decides to pursue dredging sometime in the future, Option D is recommended. (C.M.C., New Section) - 21 - 'Enforcement and Implementation Recommendations 1. The City provide a special patrol officer with the authority of a peace officer. 2. The above-mentioned position be seasonal from May to October. 3. New, safer buoys be budgeted for next fiscal year. 4. The City set a limit of 80 boats to be on the lagoon at any given time. 5. The proceeds from any user charges be deposited into a separate account to be used for lagoon operating expenses and as a savings account for any capital items. (i.e., new boat or dredging). MDL:vlh - 22 - STATE OF CALIFORNIA—RESOURCES AGENCY EDMUND G. BROWN JR., Go».rnor DEPARTMENT OF FISH AND GAME 350 Golden Shore Long Beach, CA 90802 (213) 590-5113 6 February 1979 Roger W. Green . Director, Utilities and Maintenance . City of Carlsbad • - 1200 Elm Avenue ' Carlsbad, CA 92008 Dear Mr. Green: • We have reviewed the study entitled "An Analysis of Dredging Requirements for Aqua Hedionda Lagoon" and have the following response. Eel grass (Zostera marina)beds are an extremely important part of the overall lagoo'n-nearshore ecosystem. Even though eel grass beds of Aqua Hedionda Lagoon .cover only 70 acres of the 388 acres of marine habitat (or roughly 18.37.), it has been theorized that these eel grass beds contribute upwards of 60% of the lagoon's total productivity (The Natural Resources of Aqua Hedionda Lagoon, DFG Coastal Wetland Series Report # 16, page 53). Eel grass beds provide food for grazing animals and, indirectly, for detritus feeders as well. In addition, eel grass provides ^shelter for a myriad of small fish, juvenile fish, and~ invertebrates as well as attachment substrate for epiphytic and sessile organisms (Ibid, p. 50). • v< " \. The total dredging concept for Aqua Hedionda lagoon (as discussed in the subject study) would include the following adverse impacts: ; 1. A reduction in total lagoon productivity. • 2~. A major reduction in habitat and niche diversity resulting in a corresponding reduction in both floral and faunal species. 3. A less stable ecosystem resultant from the reduction in species complement. 4. A significant reduction in lagoon biomass. 5. A permanent elimination of eel grass from the lagoon seems likely. The planned dredging depth (-10 ft. MSL) is well below optimum depth for eel grass photosynthesis. In fact, the predictable increase in turbidity associated with increased power boating in the lagoon may eliminate '' adequate light penetration for eel grass photosynthesis at the planned (-lOft MSL) depth. This could lead to permanent loss of eel grass in 'the lagoon. ' - • ' " . • 6. Frequent maintenance dredging would preclude reestablishraent of eel grass beds. , . Roger W. Green 2 6 February 1979 Even though the Department of Fish and Game supports a multiple-use recreational concept for Aqua Hedionda Lagoona we find that we must oppose a total dredging project. However, some dredging of the inner and middle lagoons and some power- boat usage of the inner-lagoon may be acceptable to the Department. Such dredging and power boat use should incorporate the following guidelines: 1. Maximum effort should be applied to preserve the existing eel-grass beds of the middle and inner lagoons. 2. Dredging operations should be timed to eliminate conflict with the California least tern (i.e. permit dredging only October 1 through March 15). 3. It may be necessary to place controls on the number of power boats using the lagoon in order to avoid unacceptable impacts upon the natural resource values involved. 4. Dredging in the middle lagoon should be limited to maintenance of the .existing channel connecting the middle and inner lagoons. This channel .'. should not be widened beyond the present width. 5. Dredging of the inner lagoon should be limited to benthic habitat types other than eel grass, and must be limited to areas outside the planned wild- life preserve (as delineated in the City's' Land. Use Plan for the Aqua Hedionda planning subarea). , - ' 6. Any eel grass habitat destroyed should be compensated for on-a"-one for one. basis.' . • • • ^ *•• " 7. Areas of compensation should be determined by the Department of Fish and Game, and must be limited to areas outside the planned wildlife preserve (as delineated in the City's_ Land Use Plan for the Aqua Hedionda planning subarea). . 8. In order to minimize adverse environmental impact, it may be necessary to isolate the power-boating section of the inner lagoon from the wildlife preserve area and from existing eel grass beds. Possible methods of isolating the power boat section might include buoy strings or submarine berras or both. 9. The Department supports beach replenishment use of dredge spoils only when the quality of such spoils is acceptable to the Regional Water Quality Control Board and when the placement of such spoils is not detrimental to the marine biotic community. Spoils should be placed on the beach only during the period 1 October through 15 March, and should be located above mean higher high water. 10. The Department of Fish and Game must be contacted prior to the commencement of dredging operations. Such operations are subject to regulation by Fish and Game Code sections 1601 and/or 1603 for public and private operations respectively. Roger W. Green < 3 ' • - 6 February 1979 %•» In clpsing.it might be well to point out that preservation of eel grass beds is necessary to maximize the diversity of the multiple-use recreational concept which the City of Carlsbad seeks to provide for its citizenry. Preservation of eel grass beds would benefit such non-consumptive uses as bird watching and natural history study as well as such consumptive uses as fishing and clamming. If the above guidelines are followed relative to dredging, power boating may be provided for in the inner lagoon, while continued canoeing will be possible in the middle lagoon without undue disturbance from power boaters. Lastly, the City of Carlsbad will be demonstrating a needed concern with respect to the preservation of the floral and faunal assemblage of Aqua Hedionda Lagoon, and will be providing for the scientific and educational enlightenment of its citizens as well as the citizens of the remainder of the state. Thank you for the opportunity to review this document. • Sincerely, Robert G.' Kaneen . . Fred A. Worthley Jr. Regional Manager . Regional Manager Marine Resources Region Region 5 DDS&A 77-463 <r 28,'1978 RECOMMENDATIONS . M t^h* <^i *v^/- • (1) Defer a decision on dredging the lagoons until the effects of the addition of Encina Unit 5 are known. (2) After Unit 5 comes on line, monitor the effects on the middle and inner lagoon for a one to two year period. This monitoring program would require precise engineering surveys of the bar and shoal areas in the two lagoons; these probably should be carried out quarterly. (3) Concurrently with the monitoring program: * ' * (a) Conduct a rudimentary cost/benefit analysis to determine whether or not a major expenditure is warranted in order to facilitate recreational use - of the lagoons. . a: (b) Determine the likely position of the .USF&WLS * i •* *"* • concerning disturbance of the eel grass habitat areas that the dredging would entail. If the cost/benefit analysis results are favorable and if the contacts with USFaWLS indicate that the envisioned .dredging work is acceptable to that agency, then the follow- ing recommendations apply: . * (4) If it becomes evident from the monitoring program results that the bars/shoals are static or continuing to grow, then proceed with arrangements for the near term dredging program. (5) On the other hand, if the monitorin.g results show that the bars/shoals are diminishing in size, then reassess DAVID D. SMITH AND ASSOCIATES Page 56 nns*A 77-463 * ' ' X 28, 1978 whether or not the level of recreational use versus possible dredging costs warrants: . (a) Waiting to see how far and how fast the new hydraulic regimen will reduce the size of the bars/ shoals, or . . . (b) Undertaking the near term dredging work regardless of the assistance the new regimen may '" ' ' ' N 'provide. • . (6) Based on the reasoning set forth in this report and summarized in Conclusion 16 above, the City should open ' preliminary discussions with SDG&E regarding the latter serving as operational contractor for the dredging work. (7) In addition, the City should contact two or possibly three dredging "firms and request them to inspect the site and prepare a preliminary estimate of what contract dredging would cost in, say, 1980. .These preliminary estimates are .likely to be considerably more accurate than the order of • magnitude costs given in this report. DAVID D. SMITH AND ASSOCIATES M E M O R A N D U M TO: ." G. Kellogg, Patrol Commander DATE: 04-19£t£>>--' FROM: M. Donnelly, Patrolman SUBJECT: Marker Buoys - In reference to boating safety on the Agua Hedionda Lagoon, it is requested by the undersigned that the two .(2) existing buoys presently moored as 5 mph markers, directly off Snug Harbor Beach, be replaced by-smaller marker buoys, (lower profile, possibly round). Current buoys are of such a size as to interfere with boat and skier traffic.; skiers "dropping off" oftentimes cannot lift the tow rope over the top of the buoy, causing the rope to 'hang up1, (which oftentimes results in the skie: falling at a high rate of speed which increases possibility of injury. This situation also causes damage to both^tow rope and buoy. The smaller buoys mentioned above would be easily ob- served by both skier and .boat.driver, and at the.same time would allow easy access to and from beach. I believe a total of. six (6) buoys of smaller design would correct existing problems. The. currer.t larger buoys could be re-located to better mark the hazardous beach/ sandbar areas. > / '-^ '0 CODE SECTION 71. CRIME 72. CLASSIFICATION '3 VICTIM'S NAME - LAST. FIRST, MIDDLE (FIRM .IF BUS.)-ft. ADDRESS I [ RESIDENCE | [ [BUSINESS 75. PHONE r. I It I-. <" . •O.COOc. SECTION VI. CrtME '3 VICTIM'S NAME - LAST. FIRST, MIDDLE (FIRM'lF BOS.) 72 CLASJIrlCATION 74. ADOKESS | j r:£SiD£MC£ | ( | BUSINESS 75. PHONE j Mfc-ST-Or- •i{^' . . J? ,..• . \./ \/ / • . . «^— " ~-~'1—*- -v. "S. ' ••',. \ ry-**-**, OKHtfiUfIS TAT HO L ;,r,T ATTMY OTHER L-V !).V(t Af,D TIME nouito DATE F5-. / .'.CODE SCOT ION 1 VICTIM'S NOME - LAST, FIRST 71 CKlttii , MIDDLE (FIRM IF BUS.) 72. CLASSIFICATION 74. ADDRESS [ j KeSIDSNCE | | j BUSINESS 75. PHONE • o / .1Q. . / v .X Fu rj'.f.-f t / - 'ilX'.'O'.'iG O'-'FlCSR JTVt't.O UY 'JAfc At)D TlMc rlCii.1 1'EO 3Y n- TOPIHG /FT.CHVE P"] Cll Q«o • QJUv.:,,iE Q«r.,«-.L [_] OIL r A, THY Q . _j UJoiMsn • tlCVIEWEO OY . DATE 11.7 020—11.16.060 7 city engineer so to do. The city engineer may deny issuance of such a permit or may issue it upon such conditions as he determines are reasonable and necessary to protect the public health, safety, and welfare under the circumstances. In the event the applicant is dissatisfied with the decision of the city engineer, he may appeal said decision to the city council which shall finally determine the matter. (Ord. 7036 §1, 1968). 11.16.020 Public improvements to be done by licensed person. No person shall cause any public improvement or appurtenant work to be performed upon any public right-of- way within the city by any person other than a licensed contractor or a public utility. (Ord. 7036 §2, 1968). 11.16.030 Nonconformance with permit requirements. Any work not conforming to the requirements set forth in the permit shall be removed by the permittee without de- lay. All vork shall be done during the regular business hours of the city, unless otherwise authorized or directed by the city engineer. (Ord. 7036 §3, 1968). 11.16.040 Application fee. The applicant shall pay to the city a nonrefundable fee of two dollars at the time of application for permit. (Ord. 7036 §4, 1968). :4T • • • ' , % 11.16.050 Exemptions. The city and its employees', acting in their official capacity, are exempt from the requirements set forth in this chapter. (Ord. 7036 §5, 1968). 11.16.060 Violation deemed misdemeanor. Any person who violates any provision of this chapter is guilty of a misdemeanor. (Ord. 7036 §7, 1968). Chapter 11.24 AQUATIC AREAS AND DEVICES Sections: I. BOATS AND AIRCRAFT 11.24.005 Definitions. 11.24.010 Application of article. 11.24.015 General requirements for operation of boats. 11.24.020 Boat speed limits. 11.24.022 Maximum boat speed limit. 11.24.025 Operation of boats at night. ^ 11.24.035 Skiers—Ski boats. 208 (Carlsbad 4/15/74) c 11.24 .005—11.24.015 Sections: (Continued) 11.24.040 Boat races and ski meets. 11.24.045 Boats to stay outside of buoys—Exceptions. 11.24.046 Boats prohibited on shore side of buoys— Exceptions. 11.24.050 Throwing waste or refuse in water. 11.24.055 Aircraft. 11.24.060 Areas for swimming or wading. 11.24.065 City's liability—Use of areas at own risk. 11.24.070 Enforcement of article. 11.24.075 Swimming or boating when warning signals have been placed. 11.24.080 Compliance with orders of lifeguards or signs 11.24.085 Constitutionality or invalidity. II. SURFBOARDS 11.24,105 Purpose of article—Restriction of areas for exclusive use of surfboards. 11.24.110 Hours surfboarding is prohibited. 11.24.115 Application of article to lifesaving devices. III. PARKS AND BEACHES 11.24.120 Parks—Scope. 11.24.125 Beaches—Scope. 11.24.130 Unlawful acts. 11.24.135 Public dances. " 11.24.140 Violations—Seizure of property. I. BOATS AND AIRCRAFT 11.24.005 Definitions. For the purposes of this chapter the following words and phrases shall have the meanings re- spectively ascribed to them by this section. (1) "Aquaplane" means any aquaplane, water ski, or other device used, or which may be used, for carrying persons or property while being towed behind a boat; (2) "Boat" means any device in or upon which persons or property may be carried over or beneath the surface of water. (Ord. 3093(part), 1972). 11.24.010 Application of article. The provisions of Sections 11.24.005—11.24.085 apply only to aquatic areas owned in fee or leased to the city. (Ord. 3093(part), 1972). 11.24.015 General requirements for operation of boats. Mooring: No person shall moor a boat or any other object overnight except in mooring zones so declared and at posted landing and take-off areas. (Ord. 3093(part), 1972). 209 (Carlsbad 10/15/72) G 11.24.020 11.24.020 Boat speed limits. No person shall operate a boat at speeds in excess of five miles an hour in any of the following situations: (1) Within one hundred fifty feet of the actual water edge except in open zones as declared and posted at take-off and landing areas; . "* V,-' 209-1 (Carlsbad 4/15/74) C 11 022—11.24.045 (2) Within one hundred fifty feet of any swimming float, diving platform, life line, dock, pier or landing float. (Ord. 3093(part), 1972). 11.24.022 Maximum boat speed limit. No person shall operate a boat at speeds in excess of forty-five miles per " hour except pursuant to a special operations permit issued by the chief of police upon authorization of the city council subject to such terms and conditions as the city council deems necessary. (Ord. 3098 §1, 1973). 11.24.025 Operation of boats at night. Between thirty minutes after sunset, and eight a.m. the following day, no person shall operate a boat towing any kind of aquaplane; no person shall operate a boat at speeds in excess of five miles an hour. (Ord. 3093(part), 1972). 11.24.035 Skiers—Ski boats. (a) Traffic pattern. Ski boats leaving and approaching the shore shall follow a counter-clockwise pattern. No ski boat shall leave the shore entering the ski course at more than forty-five de- gree angle and must give right-of-way to any ski boats approaching from the left. (b) Procedure for dropping skiers. When returning skiers to the beach, the tow boat must continue in a straight pattern, stopping in the nearest uncongested area to pull in ski line. He must then make a left turn when clear=>: go towards the center of the ski pattern and reverse direction until he has passed the place he intends to beach, then when clear, he shall cross the ski pattern and when clear, he shall approach the beach in a counter-clockwise manner. (c) Following too closely prohibited. Do not overtake or follow in the wake of another boat in the process of towing skiers, aquaplaners, etc., at a distance of less than two hundred feet. (d) Slack lines prohibited. No boat shall pull into the beach with ski line dragging behind. (Ord. 3093(part), 1972) 11.24.040 Boat races and ski meets. Boat races and ski meets may be held only by the specific authorization of the city council. Such authorization races or meets shall be governed by the conditions and rules and regulations set forth by the city council for each such meet or race au- thorized. (Ord. 3093(part), 1972). 11.24.045 Boats to stay outside of buoys—Exceptions. When buoys are placed one hundred fifty feet out from the shoreline, all boats on the inside are for landing and take-off, all other boats will stay outside of buoys. (Ord. 3093(part), 1972). 210 (Carlsbad 4/15/74) 11.? '46—11.24.080 11.24.046 Boats prohibited on shore side of buoys— Exceptions. When buoys are approximately seventy-five feet from the shore line, all boats shall be prohibited from traveling on the shore side of such buoys except for purposes of towing a skier from a stopped position. (Ord. 3093 (part) ,..„ 1972). 11.24.050 Throwing waste or refuse in water. No person shall place waste or refuse of any kind in the water. (Ord. 3093(part), 1972). 11.24.055 Aircraft. No person shall land any aircraft on or take any aircraft qff any body of water governed by Sections 11.24.005—11.24.085. (Ord. 3093(part), 1972). 11.24.060 Areas for swimming^ or wading. No swimming or wading from shore shall be permitted in the area except in designated zones. (Ord. 3093(part), 1972). 11.24.065 City's liability—Use of areas at own risk. The city declares its purpose in adopting Sections 11.24.005 —11.24.085 safe conduct among the users of the aquatic areas governed. The city council does not expand its liability, if any, for any accidents or injuries sustained by the public user of such aquatic areas. Any person utilizing aquatic areas does so at his own risk. (Ord. 3093 (part) , 1972);;. 11.24.070 Enforcement of article. The city manager or his duly designated representative is designated as the en- forcing agent of Sections 11.24.005—11.24.085 and amendments thereto. (Ord. 3093(part), 1972). 11.24.075 Swimming or boating when warning signals have been placed. It is unlawful for any person to bathe, swim, row, canoe or operate a sailboat or power boat or other de- vice on or upon water where warning signals have been placed except for the purpose of making a rescue. (Ord. 3093(part), 1972). 11.24.080 Compliance with orders of lifeguards or signs. It is unlawful for any person to refuse to follow or comply with any lawful order signal or other lawful direction of a lifeguard, or for any person without lawful authority to de- face, injure, knock down or remove any sign or warning placed for the purpose of enforcing the provisions of Sections 11.24.005—11.24.085. (Ord. 3093(part), 1972). 211 (Carlsbad 10/15/72) C 11.24 5—11.24.110 11.24.085 Constitutionality or invalidity. If any section, subsection, clause or phrase of Sectxons 11.24.005 —11.24.085 is for any reason held to be invalid or uncon- stitutional, such invalidity or unconstitutionally shall not affect the validity or constitutionality of the remain- ing portions of Sections 11.24.005—11.24.085; it being hereby expressly declared that Sections 11.24.005—11.24.085, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, ap- proved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 3093(part), 1972). II. SURFBOARDS 11.24.105 Purpose of article—Restriction of areas for exclusive use of surfboards. The council determines that the unrestricted operation of surfboards and similar devices in that portion of the Pacific Ocean immediately adjacent to the public bathing beaches within the city, constitute a serious hazard and a threat to the safety of many thousands of bathers, particularly during the period between the fif- teenth day of May and the first day of October. In order to reduce such hazard and promote public safety during ^.such. periods, it is essential that the operation of surfboards and similar devices be restricted within that portion of the Pacific Ocean most frequented by persons using the public beaches. The chief of police, in conjunction with the district lifeguard supervisor, district VI of the state department of natural resources of beaches and parks, is authorized and directed to ascertain, designate, post and mark from time to time, areas for the use of surfboard riding exclusively. (Ord. 3033 §1). 11.24.110 Hours surfboarding is prohibited. It is unlawful for any person to ride, use or otherwise employ a surfboard or similar device in the surf along the beaches of the city between the hours of eleven a.m. and five p.m., 212 — 214 (Carlsbad 10/15/72) ••4 o> cn Aqua lung skin diving is prohibited.No boat may operate after sunset without running lights on.Fishermen trolling will display a white flag (2 feet square),the owner and operator are responsible for the actions of his c£^•39"i 7 t r- a* « * 3 "-Sunset to 7:00 a.m. speed limit of 10 MPH.All accidents must be reported Immediately to MWD Office or i3« 0•o cr o° D-S 3 T) * .^\ ~o iz!°£ ? z! —^3 U JO »- "TO•>2 "53 Reckless operation — No person shall operate a boat or wmanner.tt* S <n5; 3 U 5 £ 01ff> : OO HyjO Mufflers — No boat will operate with excessive engine noise.Sanitation — No refuse shall be thrown into or left on banks ofM CD •Safety equipment — Boats must be equipped with a State of Cpreserver for each person aboard and a State of Callfontinguisher.w ^*11*J **IsllQ« <3 aa ® Sfc^5 o Speed limit — 35 MPH general speed limit (5 MPH where IndiaB> a. o- ^ff 1(0•r- *cS?x All boats must have approved state registration numbers amil. All boats must have responsible driver.3a. nc 53 5" • 1 , 00O r-o> (D 03O05 5"(O (Q(D tt CD O 3)(D O (D Q. •no < o' CDr^- 6'2.Summary of General Regul_ S. 5" 3 VI 001c* r—o> 3 O. 3tain 0> 5 3^i"0io 3n (Qn<B •^ ETjr ? ClSo? ^M fit ) »J>8°; — 1in r-5 mZ•nO30Om mzr# > 0)!§ fo-5" •n 5 0 =5; £ mi S33 1 ' O <D a3Q. s a w 3a. ooc 3 O3.5"B>3OO *s o =>m£ V>2Som z.-no Om -'SS 3 2no 5 O <n co « CD ? 2 r/> =• S 2- g" S c enc CD_ 3 *. CO^ m « ' « 2. er o co Swg-Slft.S'SwS'CTT3 2 CD — g "*X» to WC > CD « C f ST "S • 2;i »«;*!**«»*— Si s: wo SS3 B) a «1! Ca£ S B) o r- o <o a n&^w £"§£§£^SS^sSg?032: — o -i-no o — o mcr CD 3 = o — 30 S. i. s =:. tov trco H c/> •o. o t» 3- - •3- CD r; 5- ... _CD *~ O — —MoS?l|* 02003C3-Do, ft) O- SJ Q. co =r= 0™3D.g«0 -•8aftc =.5f-S - co ft> (/> _ „ = O O -• oa _ o B> a y~ " ST a> e „ o (S — o K. 55T " - * 3 6> 3- 5 ^ CD 2, = S2 "2- en' »•^ w o «.3<3»& at i- S' il g '"zinj CD< Eo 5! K i2 "S - Sltt5Lo»Slo ~C£.o5=<gocD= ^3 =52 »•" o 9 o.E.5g=: if 2.5 lll!isl|ll^lil|E5|.3^a2|| OJ3T CO-?CDP>< - " 0 a, c =.a, o »co "~ CD O S-3 = o"|2.-*• — CD Z?. BOAT USE OF SNUG HARBOR MONTH January February Mardh April May June July August September October November December BOATS 50 70 130 255 309 565 867 1000 800 600 300 200 ADMITTED (Estimate) (Estimate) (Estimate) (Estimate) (Estimate) 5146 TOTAL BOATS These statistics and estimates provided by Mrs. Lathrop at Snug Harbor. This does not include boat use at Bristol Cave: NOTICE OF PUBLIC HEARING Agua Hedionda Lagoon NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad, California, will hold a public hearing on Monday, February 11, 1980 at 7:00 P.M. in the City Council Chambers, 1200 Elm Avenue, Carlsbad, to consider the following: Issues relating to the use of Agua Hedionda Lagoon, fees for such use, and liability, as discussed in the Agua Hedionda Lagoon Study, dated November 30, 1979, (Copy available for review at the Parks & Recreation Department, 438-5571) Those persons desiring to speak on this subject are cordially invited to attend the meeting. PUBLISH: Saturday, February 2, 1980 CARLSBAD CITY COUNCIL Cttp of . , ,„ ., , TELEPHONE: 1200 El M AVENUE \ ,| jfttf » ! j (714)729-1181 CARL.SQAD, CALIFORNIA 97003 RULES AND REGULATIONS AGUA HEDIONDA LAGOON Hours No water skiing is permitted between 30 minutes after sunset and 8:00 AM the following day (Carlsbad Municipal Code 11.24.025). Rules of Operation No person shall operate any vessel or manipulate any water skis, aquaplane or similar device 4.11 a reckless or negligent manner so as to endanger the life, limb or property of any person (California Harbors and Navigation Code Section 655). Do not allow anyone to sit on the bow, on top of seats, on the gunwales (sides) or stand up in the boat while it is-underway. All persons must be properly seated. The operator must be at least 16 years of age. All safety equipment must be aboard and in working order. The.buoys running from the freeway bridge to the rocky point indicated a sandbar. Do not pass between these buoys. Buoys placed 150 feet from the shoreline designate takeoff"ancTTarrd-tng areas. Boats shall only enter inside the buoys for landings or takeoffs (Carlsbad Municipal Code 11.24.045). Equipment All boats shall be equipped as required by the California Boating Lav/. The equipment requirements are listed in the ABC's of The California Boating _Law_ published by the Department of Navigation and Ocean Development. Noise Restrictions The exhaust of every engine used on -any motorboat shall be effectively muffled at all times to prevent any excessive or unusual noise....(Cali- fornia Harbor.- and Navigation Code Section 654) . All motorboats are subject to testing with sound level measuring equipment to see if they meet the requirements cf the state law (California Harbors & Navigation. Code Section 654.05). If your boat fails to meet the requirements of the state law,, you. will be asked to remove your boat from the lagoon and are subject to citation. Speed Limits t » The maximum speed limit in the lagoon is 45 mph (Carlsbad Munic.voal Code 11.24.022). A maximum speed limit of 5 mph applies to the-following situations (Carlsbad Municipal Code 11.24.020): 1. Within 150 feet of the shore except in takeoff . . and landing areas. 2. Within 150 feet of any swimming float, diving platform, dock or pier. 3. The Maximum speed limit between 30 minutes after sunset and 8:00 AM the following day is 5 mph (Carlsbad Municipal Code 11.24.025). Skiing Rules In addition to the boat operator, all boats towing skiers shall have an observer, at least 12 years old, seated in a position to observe the skier (California Harbors and Navigation Code Section 658). .The use of a red flag while towing a skier is recommended. The red flag should be held up when taking off from the beach, when a skier is down, and until the tow rope is inside the boat. Either the driver or observer can hold, up the red .flag. The ski pattern around the lagoon is counter clockwise. Ski boats leciving a.nd approaching the shore shall follow a counter clockwise pattern. Wo ski boat shall leave the shore entering the ski course at more than a 45 degree angle and must give right of way to any ski boat approaching from the left. Do not overtake or follow in the wake of another boat towing a skier at a distance of less than 20C fo_c. When returning skiers to the beach, the tow boat must continue in a straight pattern, stopping in the nearest uncongested area to pull in the ski line. The tow boat should then reenter the ski pattern and approach the beach in a counter clockwise manner. No boat shall pull into the beach with ski line dragging behind (Carlsbad Municipal Code 11.24.035). If a skier is having difficulty getting up, or the skier is a beginner, take them to the other side of the far buoys so there is less congestion in the'landing areas. It is recommended that the skier wear a Coast Guard approved personal flotation device. When coming in with a skier for a landing and it is congested, do not complicate the situation, circle and then come in. Drop the skier off near the buoys, make a left turn, go out to deeper water about 200 yards r.nd then pull in the row rope. As long as the skier is near the buoys, let the skier swim in. These Rules and Regulations are designed to protect both the lagoon users and nearby residents ox Carlsbad. With everyone's cooperation, we can make- boating on Agua Iledionda Lagoon a truly safe and enjoyable experience. Those rules also apply to jet. skis.