HomeMy WebLinkAbout1980-04-01; City Council; 6133-1; Agua Hedionda Lagoon StudyCITYOFCAR.,SfJAl)
AGENDA BILL NO. (, J 33 ' .^flL^e^L'* \ Initial:
V » Dept.Hd.T7R
DATE:_ --- : APril *• 198Q --- . c.
DEPARTMENT: Parks and Recreation _ . c. Mgr.
Subject: : ] :
AGUA HEDIONDA LAGOON STUDY
G tatejr.pnt of_ the Matter
At the February 11, 1980 public hearing, the City Council asked for additional information
concerning recommendations for the management and enforcement of Agua Hedionda Lagoon.
Specifically, the Council requested: a complete cost breakdown, including the purchase
price of a new patrol boat; staff to reevaluate the skiing and boating pattern; staff to
investigate the YMCA sublease; staff to prepare a lease agreement with marina operators at
Snug Harbor and an agreement with the Bristol Cove Property Owners Association.
Discussion, recommendations, draft agreements, and exhibits are included in the attached
staff report. The Parks and Recreation Department has prepared a budget section for
Agua Hedionda Lagoon, based on the costs outlined in this report. The budget request
will be in the amount of $28 , 841 to include a new boat , new buoys , police communication
equipment and a police officer. If the boat is amortized over a five-year period
(expected life), the first year chargeable costs would be $23,881. The projected
revenue for the permit program selected by Council. (Option D) is $26,250.
If Council desires to purchase the new boat, buoys, or communication equipment before
July 1, 1980, then a special appropriation will be necessary. The Utilities /Maintenance
Department has advised'' that the current patrol boat is in operation and can be used until
the new boat can be purchased in July.
Exhibits •.
1. Report to City Manager, dated March 10, 1980
2. Exhibit 1 - Memorandum from Police 'Department, dated January 11, 1980
3. Exhibit 2 - Memorandum from Police Department, dated February 21, 1930 /
4. Exhibit 3 - Proposed skiing and boating pattern . .
5 . Exhibit 4 - Areas covered by current and previous subleases
6. Exhibit 5 - Draft agreement for Snug Harbor
7. Exhibit 6 - Draft agreement with Bristol Cove
8. Exhibit 7 - Ordinance revision
9. Exhibit 8 - Council Information Packet: Notice of Intent to Charge User Fees, Proposed
Rules & Regulations; Permit Application; Proposed Boat Decal; Temporary
One-Day/Non-Insured Permit Application
10 . Resolution No . ^ i3^~, approving agreement between City and marina operators
11. Resolution No. </_/,££_, approving agreement between City and Bristol Cove Owners Assoc.
12. Resolution No. k/J? . appropriating $9,600 to purchase boat, buoys and communication
equipment. .
Recommendations : That City Council
1 . Approve in principle , memorandum on Agua Hedionda Lagoon dated March 10 , 1980 and direct
City Manager to implement.
2. Adopt Resolution No. (J>\3r1 , appropriating $9,600 to purchase boat, buoys, and communi-
cation equipment. .
3. Approve contents of Ordinance No. '.*£ j y *y which will be introduced
after state approval is obtained.
AGENDA BILL NO. 6133 - Supplement #1 Page 2
Council Action:
4-1-80 Council continued the matter to a date uncertain.
MEMORANDUM
TO : Frank Aleshire, City Manager
VIA : Bill Baldwin, Assistant City Manager
FROM : David L. Bradstreet, Parks and Recreation Director
DATE : March 10, 1980
SUBJECT: Agua Hedionda Lagoon - Additional Information
At the February 11, 1980 City Council meeting, the Council re-
quested additional information concerning staff recommendations
for managing Agua Hedionda Lagoon. Discussed below, are the areas
of concern and any recommendations necessary for implemenation.
City Finances
The Council has asked for a complete breakdown of City costs to
include the purchase of a new patrol boat. As recommended by the
Police Department, a Boston Whaler type boat would be best suited
for use as it has a low freeboard and is more economical to oper-
ate. (See Exhibit 1)
More buoys will be necessary due to a proposed change in the skiing
pattern. Since it is intended that the budget for Agua Hedionda
Lagoon be a program budget, the costs of regularly budgeted buoys
have been included for this fiscal year.
The Police Department recommends that to effectively accomplish
the new program and related enforcement that an officer will be
necessary from May 1 through October 31 (6 months) each year and
that seven day per week coverage be implemented during this time.
(See Exhibit 2). The Police Department has also included the
estimated costs of overtime and the purchase of communication
equipment.
The estimated costs for implementation of the first year program
are outlined below:
Police Officer (6 months, 7 days coverage) $13,991
Overtime 1,4-00
Communication Equipment (Handi-Talki) 1,900
Communication Equipment Maintenance 200
Boat, motor, trailer (Total Cost) 6,200
Administrative Costs 1,000
Buoys (9 new) 1,500
Buoys (Maintenance of present ones) 850
Boat (Maintenance and Operation) 1,800
$28,841
If the boat is amortized over a five-year period (expected life)
the 'first year chargeable costs would be $23,881. The projected
revenue for the program selected by the City Council (Option D)
is $26,250. It can be seen that the estimated revenues from the
.first year program will cover the first year chargeable costs even
'including the capital expenditure for a new patrol boat. It should
be pointed out that the revenues are only estimates and there may
need to be.adjustments to the fee structure when more accurate
•statistics are available after one year.
The Finance Director sees no problems regarding this program in
relation to Proposition 4-. The City should be well below the
expected appropriations limit level of the Gann initiative.
The fees for charging non-power boats have been eliminated from
the fee schedule, as requested by Council, because the number of users
of self-propelled boats is relatively small.
The Parks and Recreation Department has developed a separate account
and budget format for the management of activities at the lagoon.
The budget request for next fiscal year will be in the amount of
$28,841. This amount will need to be appropriated by Council during
the regular budget process to get the program started. Thereafter,
user fees will be used to support the program. If Council desires
to purchase a new patrol boat, buoys or communication equipment
before July 1, 1980, then a special appropriation will be necessary.
It is recommended that during the initial period of charging for
lagoon use permits, that the public be given ample opportunity to
obtain liability insurance and that special "one-day/non-insured"
permits be issued. These would be issued at a rate of $10 per day,
which is relatively high in comparison to the other permits to give
persons an incentive to obtain liability insurance as quickly as
possible.
Lagoon Boating and Skiing Patterns
The public hearing provided citizen input regarding the previous
recommendation to stop circular skiing in Snug Harbor. Staff has
surveyed the situation from a boat and discussed the topic with
the former patrol officer and marina operators, and concurrs that
a safer pattern could be established.
The current overall boat and ski pattern (counter-clockwise) is
adequate, however, staff is concerned with the congestion in Snug
Harbor during heavy use. It is recommended that part of Snug Harbor
be closed to circular skiing and boating and that a skiing pattern,
as outlined in Exhibit 3, be implemented. This would require the
purchase of three new buoys in addition to the six approved by
Council at the February 11, 1980 meeting.
Take-off and drop-off at the southern, less congested beaches would
still be allowed as is current practice. Staff sees no problem in
these areas and would encourage this activity as it reduces con-
gestion in the Snug Harbor area.
YMCA Sublease
The YMCA presently has the only usable land access to the middle
lagoon. A strip of land down the Atchison, Topeka, and Santa Fe
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Railway property from Chinquapin Avenue to the YMCA buildings is
'leased from the railroad. The YMCA has liability insurance on
this property and pays one dollar per year. A permanent caretaker
lives on this property to schedule and control access. The YMCA
was contacted and they allow access by any youth organization
desiring to conduct activities or programs. The area is used by
the YMCA, Boy Scouts, Girl Scouts, etc.
The YMCA sub-leases from the City a very small portion of the
water surface area for boat docking and swimming. This area has
been sub-leased since 1962.
SDGSE has a sign posted at the under pass from the inner lagoon
to the middle lagoon. This sign reads "Power boating and water
skiing prohibited beyond this point. Violators will be prosecuted.
SDGSE!" So any problems related to jet skis or power boats in
the middle lagoon is an enforcement problem. To strengthen en-
forcement, staff has added this to the City Ordinance and to the
Lagoon Rules and Regulations.
At the public hearing, the Papagayo developer mentioned that a
private access from the Papagayo property will probably be built
in the future. This will require a use agreement with the City
at such a time.
Eel Grass
Council expressed some concern regarding the letter from the
Department of Fish and Game, concerning dredging and power boat
use. The State Department of Fish and Game was contacted and
it was confirmed that this agency was only concerned with the
issue of dredging at this time and had no plans to limit power
boating, as it presently exists, to protect the eel grass.
Leases and Subleases
As pointed out in the previous report, the City leases the en-
tire water surface area in the Inner and Middle lagoons from
SDGSE. In turn, the City sub-leases a small portion of water
to the YMCA in the Middle Lagoon.
In 1972, the sub-lease between John Fox and the City expired.
The sub-lease was for the "purpose of erection and maintenance
of docks, boat slips, and boat moorages; for the rental of said
boat slips and boat moorages; and for no other purposes". This
sub-lease was later amended to add that "the City hereby grants
to Fox a revocable license to allow persons and equipment :to pass
by way of gangways or other similar arrangements from the Easterly
portion of Property . . .".
The Engineering Department has conducted a preliminary survey to
determine the approximate bounds of this former sub-lease. Ac-
cording to the engineers, the entire area that was sub-leased
is well into the water area of the lagoon. It appears that the
present dock and gangway is on private property, which extends
to the "mean sea level" line. (See Exhibit 4) As near as staff^
can determine, this area was sub-leased for the purpose of building
a large marina docking area as there may have been plans to open
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the lagoon to the open sea. Needless to say, Foxes' plans never
'materialized. Therefore, the sub-lease will not need to be re-
negotiated. Instead, staff has prepared an agreement with the
present marina operators. This proposed agreement is attached
(see Exhibit 5). Basically, this agreement states that the op-
erators have non-exclusive rights to operate a boat launching
facility for launching boats onto the surface of the lagoon. The
operators will in turn provide assistance to the Parks and Rec-
reation Department in issuing and checking permits, distributing
information, providing trash clean-up in the Snug Harbor area
and restroom facilities.
While staff has considered a franchise type agreement with the
operators, it is felt this would not be appropriate at this time.
The operators work off of private property for which they pay rent
and do provide the only boat launch facility open to the public.
At such time as Hub Park is completed, the City may desire to
establish a franchise type arrangement.
A draft agreement with Bristol Cove has been prepared. This
agreement basically states that boat operators from the Bristol
Cove area will follow the rules and reguations of the lagoon and
obtain the necessary lagoon use permits. (See Exhibit 6)
Implementation of Approved Program
The City Attorney has stated that the proposed program needs to
be submitted to the State for review and approval and that this
may take 30 to 60 days. Another issue is whether or not the
lagoon is considered "navigable". It is a complex legal issue
and from preliminary discussions with the Coast Guard legal of-
fice, a determination of navigability has not been made yet for
Agua Hedionda Lagoon. The issue will come to a head when the
City submits plans for the Carlsbad Avenue Bridge repair project.
If the waters of Agua Hedionda Lagoon are determined to be navi-
gable or have the potential of being navigable, then the City may
not be able to charge user fees. Major determinants are tidal
influences, availability for interstate commerce and the Federal
Water Pollution Control Act. It is recommended that the City
Attorney review these issues.
A copy of the proposed ordinance revision is attached (see Exhibit
7). This revision incorporates all of the actions approved by
Council.
The Parks and Recreation Department plans to publicize the new
permit program throughout the area once it has been finalized.
As mentioned earlier in this report, persons will be able to
purchase a "one day/non-insured" permit for $10 to give them an
opportunity to obtain the necessary insurance. Most responsible
boat-owners have the required insurance already and will only need
a rider naming the City as additionally insured and to be noti-
fied in case of cancellation. This special "one day/non-insured"
permit will only be available for the initial period of requiring
permits and thereafter will be discontinued.
Exhibit 8 provides a package of information for the Council that
gives them an idea of how the program will be implemented. Exhibit
8 includes: (A) Notice of intent to charge user fees (B) Proposed
Rules and Regulations (C) Permit Application (D) Proposed Boat
Decal and (E) Temporary "One day/non-insured" permit. It is
anticipated that as with any new program there will need to be
minor modifications and some discretionary actions on the part
of the administrative staff to smoothly implement the policies
established by Council.
Summary of Necessary Council Actions
1. Council approve a first year budget for Agua Hedionda Lagoon
of $28,841 and if Council desires to purchase a boat, buoys
or communication equipment before July 1, 1980, that they
appropriate $9,600 from unappropriated reserves.
Boat 6,200
Buoys 1,500
Communication Equipment 1,900
$9,600
2. Council approve a "one day/non-insured" permit of $10 during
the initial season of the program.
3. Council approve the recommended skiing pattern outlined on
Exhibit 3.
4. Council approve the draft agreement with the operators at
Snug Harbor.
5. Council approve the draft agreement with Bristol Cove Property
Owners Association.
6. City Attorney review the legal isses of navigability with the
United States Coast Guard.
7. Council approve the proposed ordinance revision.
8. Council review and approve Exhibit 8 (Packet of implementation
forms).
List of Exhibits
Exhibit 1 - Memorandum from Police Department dated January 11, 1980.
Re: Enforcement and Patrol Boat.
Exhibit 2 - Memorandum from Police Department dated February 21, 1980
Re: Costs of providing patrol officer.
Exhibit 3 - Proposed skiing and power boating pattern.
Exhibit 4 - Areas covered by current and previous sub-leases.
Exhibit 5 - Draft agreement for Snug Harbor.
Exhibit 6 - Draft agreement with Bristol Cove.
Exhibit 7 - Ordinance Revision.
Exhibit 8 - Council Information Packet.
DLB:MDL:kap
CARLSBAD POLICE DEPARTMENT
Memora nd urn
January 11., 1980
TO: Richard 0. Baugh, Chief
FROM: Gene R. Kellogg, Captain
SUBJECT: Agua Hedionda Lagoon - Enforcement of Boating Rules and Regulations
For the past several years, enforcement of Boating Rules and Regulations on
Agua Hedionda has been the responsibility of the police department. This has
been accomplished by utilizing a reserve officer and more recently a regular
police officer to operate the department boat from May through October, each
year. Enforcement has generally been in the area of public relations with
little emphasis on actual arrest and prosecution.
Recently, the City Council directed the parks and recreation department to
conduct a study regarding the feasibility of redirecting the responsibility
of lagoon patrol and enforcement to the parks and recreation department. This
study was completed and submitted for council review in October, 1979.
Having reviewed the submitted document, I would concur with the basic findings
as follows:
1- If the City Council desires active and hard line enforcs-.ent of the Har-
bors and Navigation Code in the lagoon area, the police department should
be responsible for that enforcement.
2- If the City Council desires a less active enforcement of lagoon use di-
rected more toward public relations and safety, it would appear that this
could best be accomplished and at less cost to the taxpeyer by assigning
parks and recreations personnel to patrol the lagoon during times of heavy
use. This would require limited training for parks and recreation per-
sonnel with the understanding that police department personnel would be
available to provide enforcement assistance when and if needed.
3- Regardless of the level of enforcement chosen by the City Council, the
cost of providing that enforcement should be subsidized by seine fora of
lagoon use permit fees. These fees should be administered by the parks
and recreation department
If the City Council chooses to leave the responsibility of enforcement with
the police department, several items should be considered in order to provide
the best possible service to those people using the lagoon, as well as protect-
int the privacy and peace of mind of residents around the l£~oon.
Page Two
Those items are:
1- Provide one additional police officer position, eliminating the need to
remove an officer from normal patrol duties for extended periods of time
whjle coverage is provided at the lagoon.
2- Provide the necessary equipment and training to enforce the pleasure boat
noise standards set forth in the Harbors and Navigation Code Sections 654
and 654.05 and the Society of Automotive Engineers Technical Report J-34
(Attachment 1).
3- Provide a new boat which is more conducive to and better equipped for res-
cue operations (Attachments 2, 3, and 4).
Should the City Council choose to continue lagoon patrol and enforcement by the
police department, the implementation of the above reconinendations will help
ensure an adequate level of service to both the users of the lagoon and the
residents of the City of Carlsbad.
Attachments
RJK/dib
7
' 2,
CARLSBAD POLICE DEPARTMENT
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92003
729-7102
MEMORANDUM
TO: Sgt. Bertics DATE:
FROM: A.L. PRUD'HOMME #300
SUBJECT:JUSTIFICATION FOR NEW BOAT
It is requested that serious consideration be given to the
purchase of a new patrol boat for use on the Agua Hedionida Lagoon.
The following reasons are given as justification for this purchase:
1. Prohibitive costs of operation of the boat presently in use
on the Lagoon. Average costs per hour is $23.16 and this
does not include the expensive of the operator, insurance, or
overhead.
2. Operation of boat is restricted at certain times -because
of heavy deposits of silt and marine graw(i.e. sea weed).
The present boat is driven by jet drive which becomes clogged
easily when the tide is low and this restricts operation.
This restricted operation could result in seryious litigation
if someone were injured and the boat could not respond to
render assistance.
3. Boat presently in use has too much freeboard to make it possible
to pull injured persons out of the water and into the boat.
It is approximately 24" from top of gunwale to water,
4. Costs to modify present propulsion unit from Jet Drive to In
Board would constitute a major hul and engiri change at a cost
of approximately $4,500. This particle solution is not
realistic due to the prohibitive costs.
5. Interior of present boat (padded seats, carpeting, expensive chrome)
is deteriorationg rapidly due to constant exposure to salt water
and salt air.
6. The area of Patrol, approximately 3^ mil of shoreline, does not
warrant a boat of tie size presently in use due to the expense
of operation.
BY:
8
The Undersigned recommends that the present boat be
replaced by another more consistent with the needs of the
operation. A new boat, if purchased, should be of a simple
design (no fancy interior), with outboard engines extending
the operation in shallow or clogged water ways, and vith a
low freeboard more consistant with "rescue" work. The boat
should also be as easy as possible to maintain and nore
economical to operate, to minimize the expense to the City
for the service provided the public.
M EMO RANDUM
David Bradstreet, Director 2-21-80
' Parks and Recreation DATE:
FROM- Gene R- Kellogg, Captain
Police Department
SUBJECT: Agua Hedionda Lagoon
The police departments estimated cost of providing 7 day per week
coverage for the Agua Hedionda Lagoon from May 1st through October
31st is as follows:
1. A sworn police officer. Annual Salary $18,654
(3/4 salary reimbursed from Parks &
Recreation Lagoon Use Fees)
2. Overtime. $1,399
3. Handi-Talki. $1,900
(Necessary to provide communications with
other emergency services)
4. Boat, motor and trailer. $6,200
Total $28,153
Gene R. Kellogg,^Captain
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A*v
jf*
AGREEMENT
BETWEEN THE CITY OF CARLSBAD
AND SNUG HARBOR MARINA OPERATORS
FOR USE OF AGUA HEDIONDA LAGOON
This agreement is made this day of
between the CITY OF CARLSBAD, a municipal corporation of the State
of California (hereinafter referred to as "City") and MR. AND MRS.
FRED LATHROP (hereinafter referred to as "Marina Operators").
RECITALS:
1. The City of Carlsbad is responsible for use of the sur-
face of Agua Hedionda Lagoon. The City's rights and obligations
concerning the lagoon are established by lease agreement between
San Deigo Gas and Electric Company and the City. A copy of that
agreement dated April 1, 1957, is on file with the City Clerk and
is incorporated into this agreement by reference.
2. The City Council of the City of Carlsbad has approved
a lagoon management and user fee program.
3. The marina operators at Snug Harbor operate a business
that depends upon the waters of the lagoon and the use of same.
4. Both parties provide recreational opportunities to the
citizens and visitors of Carlsbad.
In consideration of the recitals and of the mutual covenants
herein expressed, the City-'and the marina operators:-hereby agree
as follows:
1. The City shall grant non-exclusive rights to the marina
operators to provide launching and marina facilities for launching
boats on the surface of Agua Hedionda Lagoon.
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2. The marina operators shall assist the City by issuing
lagoon user permits, checking said permits to insure that City
and State regulations are being met, distributing City boating
information, collecting and being responsible for City monies
collected as a result of this process, and allowing the City to
post regulatory and information signs on property leased by
Marina operators. Monies collected by the marina operators under
this agreement shall be delivered to City monthly and an accounting
of the sources of these monies shall be provided.
3. The marina operators shall provide adequate restroom
facilities and provide trash clean-up in the Snug Harbor area from
mouth of Snug Harbor near the presently existing sandbars around
the harbor on and within ten feet of the water.
4. The marina operators shall monitor and regulate the
number of boats using the lagoon and launching from their facility
to 80 boats at any given time and shall provide boat launching and
docking facilities for the City patrol boat at no cost to the City.
5. The marina operators shall procure and maintain a policy,
or policies, of public liability and property damage insurance
with an insurance company, or companies, approved by the City Manager
wherein the City is named as an additional insured. Such insurance
to insure to a limit of not less than $300,000 for injuries or
death of any one person, $400,000 with respect to any one incident
or occurrence and to a limit of not less than $100,000 for property
damage. The insurance policy shall cover those patrons launching
from or using the marina operators facilities and shall cover any
and all accidents occuring on Agua Hedionda Lagoon.
6. This license may be terminated by either party upon
sixty days notice in writing to be served upon the other party
stating the day of the month such termination will take place.
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7. Unless otherwise terminated, this agreement shall be for
the period of one year and may be renewed for subsequent years
thereafter. Renewal shall be automatic unless a notice of termin-
ation is received by either party as stipulated in item 5 above.
EXECUTED this
as follows:
day of
Attest:
Aletha L. Rautenkranz
City Clerk
, 1980 by the parties
City of Carlsbad, California, a
municipal corporation.
By_
Ronald C. Packard, Mayor
Snug Harbor Marina Operators
By
Marina Operators
APPROVED AS TO FORM:
Vincent F. Biondo, Jr., City Attorney
By
Daniel S. Hentschke
Assistant City Attorney
C
AGREEMENT
BETWEEN THE CITY OF CARLSBAD
AND THE BRISTOL COVE PROPERTY OWNERS ASSOCIATION
FOR USE OF AGUA HEDIONDA LAGOON
This agreement is made this day of
between the CITY OF CARLSBAD, a municipal corporation of the State
of California (hereinafter referred to as "City") and the BRISTOL
COVE PROPERTY OWNERS ASSOCIATION (hereinafter referred to as the
"association".)
RECITALS:
1. The City of Carlsbad is responsible for use of the sur-
face of Agua Hedionda Lagoon. The City's rights and obligations
concerning the lagoon are established by lease agreement between
San Diego Gas and Electric Company and the City. A copy of that
agreement dated April 1, 1957, is on file with the City Clerk and
is incorporated into this agreement by reference.
2. The City Council of the City of Carlsbad has approved a
lagoon management and user fee program.
3. The Bristol Cove Property Owners Association have private
access to the waters of the lagoon.
4. Both parties provide recreational opportunities to citizens
and visitors of Carlsbad.
In consideration of the recitals and of the mutual covenants
herein expressed, the City aid the Association hereby agree as
follows:
1. The City shall grant non-exclusive rights to the Associa-
tion to provide launching and marina facilities from privately held
land for launching boats on to the surface of Agua Hedionda Lagoon.
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2. The Association shall assist the City by distributing
City boating information and advising members of City requirements
and regulations. All members of the Association will be required
to obtain the necessary City permit and adhere to all City and
State regulations regarding lagoon and boat use.
3. The Association shall adequately control boat launching
access to ensure that only members of the Association use such
access. If at any time non-members use such access or it is
opened to the public for any reason, at that time the Association
may be required to obtain public liability and property damage
insurance in an amount specified by the City Manager.
4. This license may be terminated by either party upon
sixty days notice in writing to be served upon the other party stat-
ing the day of the month such termination will take place.
5. Unless otherwise terminated, this agreement shall be for
the period of one year and may be renewed for subsequent years
thereafter. Renewal shall be automatic unless a notice of termination
is received by either party as stipulated in item 4.
EXECUTED this day of , 1980 by the parties as
follows:
Attest;
City of Carlsbad, California, a
municipal corporation
By
Aletha L. Rautenkranz Ronald C. Packard, Mayor
City Clerk
APPROVED AS TO FORM: Bristol Cove Property Owners
Association
Vincent F. Biondo, Jr.
City Attorney By
PresidentBy
Daniel S. Hentschke
Assistant City Attorney j/
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... .r' / i i /fc y h * b i r /
ORDINANCE NO. 3117
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY
TITLE
11.24
OF CARLSBAD, CALIFORNIA, AMENDING
11 OF THE MUNICIPAL CODE, CHAPTER
TO REVISE THE REGULATIONS OF
AQUATIC AREAS AND DEVICES.
The City Council of the City of Carlsbad, California
does ordain as follows :
SECTION 1: That Title 11, Section I of the Carlsbad
Municipal Code
of Sub-Sections
follows :
Sections :
I.
11.24
11.24
11.24
11.24
11.24
11.24
11.24
11.24
11.24
11.24
11.24
11.24
11.24
11.24
11.24
11.24
11.24
11. 24
11.24
11.24
11.24
II.
11.24
11.24
11.24
is hereby amended by the addition to Chapter 11.24
11.24.021, 11.24.026, and 11.24.041 to read as
Chapter 11.24
AQUATIC AREAS AND DEVICES
BOATS AND AIRCRAFT
.005 Definitions
.010 Application of article
.015 General requirements for operation of boats.
.020 Boat speed limits.
.021 Agua Hedionda Lagoon Use Permits.
.022 Maximum boat speed limit.
.025 Operation of boats at night.
.026 Boat Limitations.
.035 Skiers — Ski boats.
.040 Boat races and ski meets.
.041 Excessive Engine Noise Prohibited.
.045 Boats to stay outside of buoys — Exceptions.
.046 Boats prohibited on shore side of buoys--
Exceptions .
.050 Throwing waste or refuse in water.
.055 Aircraft
.060 Areas for swimming or wading
.065 City's liability—Use of areas at own risk.
.070 Enforcement of article.
.075 Swimming or boating when warning signals
have been placed.
.080 Compliance with orders of lifeguards or signs
.085 Constitutionality or invalidity.
SURFBOARDS
.105 Purpose of article— Restriction of areas for
exclusive use of surfboards.
.110 Hours surf boarding is prohibited.
.115 Application of article to lifesaving devices.
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Sections: (Continued)
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III.PARKS AND BEACHES
11.24.120 Parks — Scope.
11.24.125 Beaches—Scope.
11.24.130 Unlawful acts.
11.25.135 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 respec-
tively 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).
(3) "Power Boat" means any boat with a motor or engine
including jet skis.
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).
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;
(2) Within one hundred fifty feet of any swimming
float, diving platform, life line, dock, pier or landing float.
(Ord. 3093 (part), 1972).
11.24.021 Agua Hedionda Lagoon Use Permits. No person
shall operate a power boat on Agua Hedionda Lagoon without a city
permit. and boat decal issued by the Parks:-and Recreation Depart-
ment or their designated representatives.
(1) Requirements for obtaining permit.
A. All power boats must have State approved
registration.
B. All power boat owners must provide the City with
proof that at least a $300,000 liability insur-
ance policy exists on the boat and:
1) Naming the City as additionally insured.
2) Naming the City to be notified in case of
cancellation.
C. All power boats will be properly muffled in
accordance with the Harbors and Navigation Code.
(2) Permit Fees
Carlsbad Resident Non-Resident
Annual Permit- $20 $30
Weekly Permit 10 15
Daily Permit 5 7
-Annual permits are effective from January 1 to
December 31 each year.
" 11.214.022 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 pe.rmit^iss.ued 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 SI, 1973).
11.2*4.025 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 per-
son shall operate a boat at speeds in excess of five miles an
hour.
12 (Ord. 3093 (part), 1972).
11.24.026 Boat Limitations. (a) The maximum number
of boats allowedon AguaHediondaLagoon at any given time shall
be eighty (80). This will not include special events approved by
the City Council or special non-power boating activities in the
15 Middle Lagoon.
(b) Non-power boating, which shall include sail boats,
row boats, canoes, etc. shall be limited to
Monday through Friday from May 31 to October 1
each year for the Inner Lagoon.
(c) No person shall operate Jet Skis on the lagoon
~ Monday through Friday from May 31 to October 1
each year except by special City Council approval,
(d) The Middle Lagoon shall be limited to non-power
boating at all times.
11.2U.035 Skiers--Ski Boats. (a) Traffic pattern.
Ski boats leaving and approaching the shore shall follow a
p_ counter-clockwise pattern and continue in a counter-clockwise
pattern. No ski boat shall leave the shore entering the ski
p. course at more than a forty-five degree 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
the 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 is 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)
(e) Boat and water vehicle racing is prohibited.
5 11. 24. OHO 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 authorized.
0 (Ord. 3093 (part), 1972).o
q 11.2U.OU1 Excessive Engine Noise Prohibited. No
person shall operate a boat unless it is properly muffled at all
.. _ times and shall not exceed the sound levels established by the
State of California. Muffling systems shall be in operation at
- .. all times and excessive engine acceleration while the boat is
not in gear is prohibited.
12 11.24.046 Boats prohibited on shore side of buoys--
1 ., 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).
15 11.24.050 Throwing waste or refuse in water. No
17
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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 off 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
2Q or wading from shore shall be permitted in the area except in
designated zones. (Ord. 3093 (part), 1972).
21 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
03 governed. The city council does not expand its liability,
if any, for any accidents or injuries sustained by the public
04 user of such aquatic areas. Any person utilizing aquatic areas
does so at his own risk. (Ord. 3093 (part), 1972).
25 11.24.070 Enforcement of article. The City Manager
or his duly designated representative is designated as the en-
forcing agent of Section 11.24.005 — 11.24.085 and amendments
thereto. (Ord. 3093 (part), 1972).
28
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 device
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 com-
ply with any lawful order signal or other lawful direction of a
lifeguard, or for any person without lawful authority to deface,
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).
8 11-24 085 Constitutionality of invalidity. If any
section, subsection, clause or phrase of Sections 11.24.005
--11.24.085 is for any reason held to be invalid or uncon-
stitutional, such invalidity or unconstitutionality shall not
^ affect the validity or constitutionality of the remaining portions
of Sections 11.24.005--11.24.085; it being hereby expressly
11 declared that Sections 11.24.005—11.24.085, and each section,
12
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subsection, sentence, clause and phrase hereof would have been
prepared, proposed, adopted, approved 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).
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NOTICE
Effective May 1, 1980, the City of Carlsbad will require
all power boat users of Agua Hedionda Lagoon to obtain a per-
mit and pay nominal lagoon use fees.
REQUIREMENTS (to obtain a permit)
1. All power boats must have state approved registration.
2. All power boat owners must provide the City with proof
that at least a $300,000 liability insurance policy
exists on the boat and:
a) naming the City as additionally insured.
b) Naming the City to be notified in case
of cancellation.
3. All power boats will be properly muffled in accordance
with the Harbors and Navigation Code.
PERMIT FEES (Power Boats)
Carlsbad Resident Non-Resident
Annual Permit* ?TO $~3~0
Weekly Permit 10 15
Daily Permit 5 7
^Annual Permits are effective from January 1 to December 31
each year.
In the interest of protecting the users and providing the
necessary services, these regulations have been established by
the City of Carlsbad. In most cases a rider naming the City as
additionally insured and to be notified in case of cancellation,
will cost the insured no additional charge through their insur-
ance company if they are already insured.
Permits will probably be available at the marina or at the
Parks and Recreation office, located at 1166 Pio Pico Avenue.
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008 •*JlW c$M (714)729-1181
Cttp of Cartebab
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 Minicipal Code 11.24.025),
Rules of Operation
No person shall operate any vessel or manipulate any water skis, aquaplane
or similar device in 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 should 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 indicate a sandbar.
Do not pass between these buoys. The three buoys, across the middle of
the harbor between the sandbar and the marina, indicated the ski lane
for circular skiing. Skiing and boating south of these buoys is prohibited
except for launching, skier takeoff or dropoff.
Buoys placed 150 feet from the shoreline designate takeoff and landing
areas. Boats shall only enter inside the buoys for landings or takeoffs
(Carlsbad Municipal Code 11.24.945).
Jet Skiing and. non-power boating is limited from May 31 to October 1 to
Monday through Friday.
Equipment
All boats shall be equipped as required by the Califoomia Boating Law.
The equipment requirements are listed in the ABC's of The California
Boating Law published by the Department of NagTvation a.nd 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 Harbors and Navigation Code Section 654). All motorboats are
subject to testing with sound level measuring equipment to see if they
meet the requirements of the state law (California Harbors S Navigation
Code Section 654.04). If your boat fails to meet the requirments of
the state law, you will be asked to remove your boat from the lagoon and
are subject to citation.
AH
Area of Operation
No jet ski or power boat of any kind shall pass under the Interstate
5 bridge into the .Middle Lagoon. ,
Speed Limits
The maximum speed limit on the lagoon is 45 mph (Carlsbad Municipal
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 of 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 Naviation 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
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 a 45 degree angle and must give right of way to any ski
boat approaching from the left. Do not ovetake or follow in the
wake of another boat towing a skier at a distance of leas than 200 feet.
Racing is prohibited at all times.
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 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 and then pull in the tow 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 of Carlsbad. With everyone's cooperation, we can
make boating on Agua Hedionda Lagoon a truly safe and enjoyable
experience. These rules also apply to jet skis.
5/1/80
o _
CITY OF CARLSBAD
Application for Boat Permit for Agua Hedionda Lagoon
1. State Boat Registration Number
CF
2. Name of insurance company providing $300,000 liability insurance
policy, naming the City of Carlsbad as additionally insured and
to be notified in case of cancellation. (A copy of the policy
and any riders must be shown at the time of application).
Name of Insurance Company and Address
Policy Number
I hereby agree to follow the Rules and Regulations of Agua Hedionda
Lagoon and any City ordinances or State regulations as outlined in
the California Harbors and Navigation Code. I also agree to obey
any measures and rules as deemed necessary by the lagoon patrol
officer. I agree to keep my power boat properly muffled at all
times so as to limit noise on the lagoon. If there are any changes
in my boat registration or liability insurance while my permit is
in effect, I will notify the City Parks and Recreation Department
as soon as possible.
SIGNATURE
ADDRESS
PHONE NUMBER
Fees (Power boats and jet skis)
•' • ' :- '" Carlsbad Resident Noh-Resident
Annual Permit5'5 $T5 - $"30
Weekly Permit $10 $15
Daily Permit 5 7
^Annual permits are effective from January 1 to December 31
each year.
FOR OFFICIAL USE ONLY
Paid $ Verify Insurance
Date Signature '
CITY OF CARLSBAD
Temporary Permit
One day/non-insured authorization
1. State Boat Registration Number
CF
2. I understand that this is a temporary permit for a limited time
in lieu of obtaining a permanent permit which requries a liability
insurance policy of $300,000, naming the City of Carlsbad as ad-
ditionally insured and to be notified in case of cancellation. I
agree to assume all responsibility should any accident or injury
occur as a result of operating my craft on the lagoon.
3. I hereby agree to follow the Rules and Regulations of Agua Hedionda
Lagoon and any City ordinances or State regulations as outlined in
the California Harbors and Navigation Code. I also agree to obey
any measures and rules as deemed necessary by the lagoon patrol
officer. I agree to keep my power boat properly muffled at all
times so as to limit noise on the lagoon.
SIGNATURE
ADDRESS
FOR OFFICIAL USE ONLY
PAID $
DATE
SIGNATURE
1 RESOLUTION NO. 6136
2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
3 AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE BRISTOL COVE PROPERTY OWNERS
4 ASSOCIATION REGARDING THE USE OF THE
SURFACE WATERS OF AGUA HEDIONDA LAGOON
5 AND THE PROVISION OF LAUNCHING FACILITIES
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
6 AGREEMENT.
7
The City Council of the City of Carlsbad, California does
8
hereby resolve as follows:
9
1. That the certain agreement between the City of Carlsbad
10
and the Bristol Cove Property Owners Association regarding the use
11
of the surface waters of Agua Hedionda Lagoon and the granting of
12
non-exclusive rights to provide launching and marina facilities
13
to launch boats onto the waters, a copy of which is attached
14
hereto as Exhibit A and made a part hereof, is hereby approved.
15
2. That the Mayor of the City of Carlsbad is authorized to
16
execute said agreement for and on behalf of the City of Carlsbad.
17
PASSED, APPROVED AND ADOPTED, by the City Council of the
18
City of Carlsbad, California at a regular meeting held on
19
the day of , 1980, by the following vote, to wit:
20
AYES:
21
NOES:
22
ABSENT:
23
24 ATTEST- RONALD C. PACKARD, Mayor
25
26
j>7 ALETHA L. RAUTENKRANZ, City Clerk
28 (SEAL)
1
2
3
4
FOR AGUA HEDIONDA LAGOON5
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RESOLUTION NO. 6137
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
THE TRANSFER OF FUNDS IN THE MOUNT OF
$9,600 TO COVER THE COSTS OF A PATROL
BOAT, BUOYS AND COMMUNICATION EQUIPMENT
6
WHEREAS, the City Council has approved a permit and
enforcement program for Agua Hedionda Lagoon, and8
WHEREAS, to implement the program prior to July 1, 1980 an
*7
appropriation is necessary to purchase a boat, buoys and communi-
cation equipment.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
JL&
City of Carlsbad, California as follows:lo
1. That the above recitations are true and correct.14
__ 2. That the transfer of funds from the general fund15
contingency account to Account Number 1-160-3900, Equipment16
(Fund Transfer No. 71) is authorized.
3. That the Parks and Recreation Administration Account18
Number 1-160-3900, Equipment funds shall have amounts transferred
to cover the aforementioned costs reflected in Fund Transfer
No. 71.
22 XXX
23 XXX
24 XXX
25
26 XXX
27 XXX
28 XXX
1 PASSED, APPROVED AND ADOPTED, by the City Council of the City
~ of Carlsbad at a regular meeting of the City Council held on
the day of , 1980, by the following vote, to
4 wit:
5 AYES:
6 NOES:
7 ABSENT:
8
RONALD C. PACKARD, Mayor
ATTEST:
11
12 ALETHA L. RAUTENKRANZ, City Clerk
13
14 (SEAL)
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