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HomeMy WebLinkAbout1980-05-20; City Council; 6133-2; Agua Hedionda Lagoon Program£. CITY OF CARLSBAD "^ '707 AGENDA BILL NO. £f 133 - ^L^^o jLwuL^T ^^. Initial: Dept.Hd. DATE:— _ M*Y SO, 1980 - _ c. Atty. \) DEPARTMENT; Parks and Recreation _ C. Mgr. Subject: AGUA HEDIONDA LAGOON PROGRAM Statement of the Matter Staff has been studying the problems of noise, traffic and safety at Agua Hedionda Lagoon for many months. On April 1, 1980, Council deferred' action because the Snug Harbor Marina property was acquired by a new owner. Staff has met with the new owner and worked out an agreement which would allow boat launching to continue under more strictly regulated conditions. Staff recommendations are detailed in the attached report. In summary it is recommended: 1. That powerboating be allowed on the lagoon under a strictly enforced permit procedure. \ 2. That nonpowerboat usage be prohibited on weekends and holidays from May 24 to October 1. ~ 3. That the program be funded by charging permit fees to powerboat operators. Fiscal Impact Adopting these recommendations would cost the city $29,000 annually to be offset by permit fees. Capital costs for boat, buoys, and supplies $ 6,650 Police officer salary 14,991 Administration 1,000 Boat 6,200 Exhibits 1. Report to City Manager dated 5-8-80 2. Proposed Ordinance revision. 3. Proposed skiing and boating pattern. 4. Agreement with Snug Harbor owner. 5. Agreement with Bristol Cove Association. 6. Resolution No . (p / f 6 approving agreement-City and marina owner. 7. Resolution No. (t I g"7 approving agreement-City and Bristol Cove Owners' Association. 8. Resolution No. <WP<P" appropriating $12,850 to purchase boat, buoys, Communication equipment. Recommendations : That City Council: 1. Approve proposed lagoon program outlined in staff report. 2. Introduce Ordinance No. 3 Jl 7— v^\t>co 3. Adopt Resolution No. &/ffr approving agreement with marina owner 4. Adopt Resolution No. 4 /f"7 approving agreement with Bristol Cove Assoc. 5. Adopt Resolution No. Glftf appropriating $12,850 to purchase boat, buoys, and equipment. AGENDA BILL 6133 - Supplement #2 - AGUA HEDIONDA LAGOON PROGRAM Council Action: May 20, 1980 - Ordinance 3117 was returned to staff for revisions, as per Council discussion (See Minutes); Resolution 6186 was continued Council adopted Resolution 6187 and 6188 MEMORANDUM TO : Frank Aleshire, City Manager VIA : Bill Baldwin, Assistant City Manager FROM : David L. Bradstreet, Parks and Recreation Director DATE : May 8, 1980 SUBJECT: Agua Hedionda Lagoon Program At the April 1, 1980 City Council meeting, Council continued the proposed lagoon management program, due to the uncertainty of the operation of the Snug Harbor Marina. This uncertainty resulted from a change in ownership in the lagoon boat launching facility. Staff has met with the new owner, who is willing to work with the City in providing a safe and viable boating program. He has stated that he is willing to contribute financially toward the lagoon program costs. He is presently in litigation with the current marina operators to determine when they will vacate the property. A court hearing has been set for May 16th. In any event, the new owner has indicated that there will be no interruption in the marina operation. With this recent information and the continued heavy use of the lagoon during the summer season, and because of the tremendous potential liability to the City, staff recommends that a lagoon regulation and enforcement program be implemented immediately. Staff recognizes that there are many long-term policy considerations relating to the continued operation of the lagoon. Because of previous serious accidents, and the potential of further accidents due to incompatible mixed use, staff has proposed a regulatory program, recognizing that it will not please everyone, but will, in our opinion, serve the best interests of the City and the citizens of Carlsbad. A summarization of the recommendations and previous Council actions is outlined below: COUNCIL APPROVED ACTIONS PROPOSED MODIFICATIONS 1. Permit Program as follows: Res. Non-Res. Annual Permit - $20~ $3(T Weekly Permit - 10 15 Daily Permit - 5 7 COUNCIL APPROVED ACTIONS 2. City to provide a full-time seasonal police officer 3. Snug Harbor skiing pattern to be studied further 4. Limit non-power boating and jet skiing to weekdays only from May 24 to October 1st each year. 5. Limit number of boats using the lagoon at any given time to 80. 6. Establish separate program budget and accounts for lagoon 7. Various physical improvements such as new buoys, signs, etc. PROPOSED MODIFICATIONS See Exhibit 3 for proposed pattern. (A) Also, limit these activities to non-holidays. (B) Provide a small jet skiing area at shallow end of lagoon to be used during this period and during off-season jet skis would be allowed on all the lagoon. Total first year costs of $28,841. Nine (9) new buoys to accomodate new boating pattern. In conclusion, it is recommended that the lagoon program be implemented as outlined above and in the proposed ordinance revision and, that the entire program be reevaluated after one year's operation. At that time, the City may wish to explore other alternatives. Some of these possible future alternatives are listed below: 1) Close the lagoon to power boating. This option would eliminate the noise issue, problems with mixed usage, administrative and enforcement costs, as well as reduce a major portion of the City's liability responsibilities. 2) Relinquish the lease and turn operation of the lagoon over to San Diego Gas and Electric. The new marina owner may wish to sublease the lagoon. 3) Turn lagoon operations over to the County or State. 4) Develop the Hoover Street access into a municipal boat launching facility. 5) Develop Hub Park with City-operated marina. SUMMARY OF NECESSARY COUNCIL ACTIONS 1) Council approve the proposed ordinance revision outlining the regulations. -2- 2) 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 Equip. - 1,900 ?9,600 3) Council approve the recommended skiing pattern outlined in Exhibit 3. 4) Council approve the draft agreement with the marina owner. 5) Council approve the draft agreement with Bristol Cove Property Owners Association. DLB:MDL:vlh -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 3117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11 OF THE MUNICIPAL CODE, BY THE AMENDMENT OF CHAPTER 11.24 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, Chapter 11.24, Section I of the Carlsbad Municipal Code is hereby amended to read as follows: Chapter 11.24 Sections: AQUATIC AREAS AND DEVICES I. BOATS AND AIRCRAFT 11.24.005 11.24.010 11.24.015 11.24.020 11.24.025 11.24.030 11.24.031 11.24.032 11.24.035 11.24.040 11.24.041 11.24.045 11.24.046 11.24.050 11.24.055 11.24.060 11.24.065 11.24.070 11.24.075 11.24.080 11.24.085 11.24.005 Definitions Application Mooring - Boat speed limits. Maximum boat speed limit. Operation of boats at night. Special Use Area - Middle Lagoon. Special Use Area - Inner Lagoon. Skiers — Ski boats. Boat races and ski meets. Excessive Engine Noise Prohibited. Boats to stay outside of buoys—Exceptions Boats prohibited on shore side of buoys-- Exceptions . Throwing waste or refuse in water. Aircraft Areas for swimming or wading City's liability — Use of areas at own risk Enforcement of article. Swimming or boating when warning signals have been placed. Compliance with orders of lifeguards or signs . Constitutionality or invalidity. I. BOATS AND AIRCRAFT Definitions. For the purposes of this chap ter the definitions outlined in the State Harbors and Navigation Code, Vehicle Code and California Administrative Code shall apply. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT. 24'. 010 Application. The provisions of Sections 11.24.005—11.24.085 apply only to aquatic areas owned in fee or leased to the City. 11.24.015 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. 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 feet of any person who is engaged in the act of bathing; (2) Within two hundred feet of any swimming float, diving platform, life line, dock, pier or landing float. 11.24.025 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. 11.24.030 Operation of Boats at 'Night. Between 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. 11.24.031 Special Use Area - Middle Lagoon. The Middle Lagoon, including the water area between Interstate 5 and the railroad tracks, is declared to be a special use area. No person shall operate a power boat or jet skis or similar device at any time on the Middle Lagoon. 11.24.032 Special Use - Inner Lagoon. The Inner Lagoon, including all water areas east of Interstate 5 is declared to be a special use area which shall be subject to the following regulations: (1) No person shall operate a jet ski or similar device on weekends or holidays between May24teh and October 1st. Operations shall be limited to an area to be designated by the City Council for exclusive use by jet skis. (2) Power boats shall have exclusive use of the Inner Lagoon on weekends and holidays from May 24th to October 1st. (3) No person shall operate a non-power boat, including but not limited to sail boats, row boats, canoes or wind surfers on the Inner Lagoon during any period of exclusive power boat use. (4) The maximum number of power boats allowed on the Inner Lagoon at any one time shall be eighty (80) (5) No person shall operate a power boat on the Inner Lagoon without a City permit and boat decal issued by the Parks and Recreation Department or their designated representives. The following requirements must be met to obtain a permit: A. The power boat must have "a'-State approved, : currently valid registration. 1 2 3 4 5 6 7 8 9 10 11 1£ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. The power boat owner must provide the City with proof that at least a $300,000 liability insurance policy exists on the boat. C. The power boat must be properly muffled in accordance with the Harbors and Navigation Code. D. A permit fee must be paid. Carlsbad Resident Non-Resident Annual Permit* $TO $"30 Weekly Permit 10 15 Daily Permit 5 7 *Annual permits are effective from January 1st to October 31st each year. (6) The City Council may approve a special operations permit subject to such terms and conditions as the City Council deems necessary. 11.2*4.035 Skiers — Ski Boats. (a) Traffic pattern. Ski boats leaving and approaching the shore shall follow a counter-clockwise pattern and continue in a counter-clockwise pattern. No ski boat shall leave the shore entering the ski 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. (e) Boat and water vehicle racing is prohibited. 11.2U.OUO 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 by the City Council for each meet or race authorized. 11.2U.041 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. 11.2U.OU5 Boats to Stay Outside of Buoys - Exceptions. When buoys are placed out from the shoreline all boats shall stay outside of these buoys, except for landing and take-off. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 11.24.050 Throwing Waste or Refuse in Water. No person shall place waste or refuse of any kind in the water 11.24.055 Aircraft. No person shall land any aircraft on or take any aircraft off any body of water. 11.24.060 Areas for Swimming or Wading. No Swimming or wading from shore shall be permitted in the area except in designated zones. 11.2U.065 City's Liability--Use of Areas at Own Risk. The City declares its purpose in adopting Sections 11.24.005-- 11.24.085 is the 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. 11.24.070 Enforcement of Article. The City Manager or his duly designated representative is designated as the enforcing agent of Section 11.24.005—11.24.085 and amendments thereto. 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,power boat, jet ski or other device on or upon water where warning signs have been placed except for the purpose of making a rescue. 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. 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 portion of Sections 11.24.005—11.24.0085; 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 pre- pared, 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. 3 H .>r A L'-t- u AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SNUG HARBOR MARINA OWNER 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 Dr. Daljit Sarkaria (hereinafter referred to as "Marina Operator"). 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 marina operator at Snug Harbor operates 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 operator hereby agree as follows: 1. The City shall grant non-exclusive rights to the marina operator to provide launching and marina facilities for launching boats on the surface of Agua Hedionda Lagoon. 2. The mar-1"- operator shall assist tv ~"ity 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 operator under this agreement shall be delivered to City monthly and an accounting of the sources of these monies shall be provided. 3. The marina operator 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 operator 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. f5/ The marina operator will pay to the City one dollar for every boat launched from Snug Harbor marina. 6. The marina operator 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 $1,000,OOJ3 combined single limit for injuries or death of any one person and property damage. The insurance policy shall cover those patrons launching from or using the marina operator's facilities and shall cover any and all accidents occuring on the operator's property. 7. This license may be terminated by either party upon ! o sixty days notice writing to be served up the other party stating the day of the month such termination will.take place. 8. 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 Operator By Marina Operator APPROVED AS TO FORM: Vincent F. Biondo, Jr., City Attorney By Daniel S. Hentschke Assistant City Attorney 1 RESOLUTION NO. 6186 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING 3 AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND DR. DALJIT SARKARIA, MARINA OWNER AT 4 SNUG HARBOR 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 8 The City Council of the City of Carlsbad, California does 9 hereby resolve as follows: 10 1. That the certain agreement between the City of Carlsbad 11 and Dr. Daljit Sarkaria, Snug Harbor marina owner, for granting 12 non-exclusive rights to the marina operator to provide launching 13 and marina facilities for launching boats on to the surface of 14 Agua Hedionda Lagoon, a copy of which is attached hereto as 15 Exhibit A and made a part hereof, is hereby approved. 16 2. That the Mayor of the City of Carlsbad is authorized to 17 execute said agreement for and on behalf of the City of Carlsbad. 18 PASSED, APPROVED AND ADOPTED BY the City Council of the City 19 of Carlsbad, California at a regular meeting held on the 20 day of , 1980, by the following vote, to wit: 21 AYES: 22 NOES: 23 ABSENT: 24 RONALD C. PACKARD, Mayor ATTEST: 27 28 ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 1 2 3 4 FOR AGUA HEDIONDA LAGOON. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE TRANSFER OF FUNDS IN THE AMOUNT OF $12,850 TO COVER THE COSTS OF A PATROL BOAT, BUOYS AND COMMUNICATION EQUIPMENT WHEREAS, the City Council has approved a permit and enforcement program for Agua Hedionda Lagoon; and WHEREAS, to implement the program prior to July 1, 1980, an appropriation is necessary to purchase a boat, buoys and communication equipment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the transfer of funds from the general fund contingency account to Account Number 1-160-3900, Equipment (Fund Transfer No. 71) is authorized. 3. That the Parks and Recreation Administration Account Number 1-160-3900, Equipment funds shall have amounts transferred to cover the aforementioned costs reflected in Fund Transfer Number 71. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALETHA L. RAUTENKRANZ, City CXefrk By Anita Back Murphy, Deputy City Clerk (SEAL) PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting of the City Council held on the 20th day of May , 1980, by the following vote, to wit: AYES: Councilmen Packard, Lewis and Anear; Councilwomen Casler and Kulchin NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST:/' -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 RESOLUTION NO. 6187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE BRISTOL COVE PROPERTY OWNERS ASSOCIATION REGARDING THE USE OF THE SURFACE WATERS OF AGUA HEDIONDA LAGOON AND THE PROVISION OF LAUNCHING FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the certain agreement between the City of Carlsbad and the Bristol 'Cove Property Owners Association regarding the use of the surface waters of Agua Hedionda Lagoon and the granting of nonexclusive rights to provide launching and marina facilities to launch boats onto the waters, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is authorized to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California at a regular meeting held the 20th day of May , 1980, by the following vote, to wit: AYES: Councilmen Packard, Lewis and Anear and Councilwomen Casler and Kulchin NOES: None ABSENT: None Mayor ALETHA L. RAUTENKRANZ, Ci<ty Anita Dack Murphy, Deputy <£ity Clerk (SEAL) 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 1980, 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 uses the surface of Agua Hedionda Lagoon for public recreational programs. 2. The City Council of the City of Carlsbad has adopted a lagoon regulation and user fee program. 3. The Bristol Cove Property Owners Association has a private access to the waters of the lagoon. 4. Both parties believe that establishment and enforcement of reasonable rules and regulations for use of the lagoon is essen- tial for the safety and welfare of all persons utilizing the lagoon. In consideration of the recitals and of the mutual benefits accruing to both parties, the City and the Association hereby agree as follows: 1. The City shall adopt and enforce reasonable rules and regulations for the use of the lagoon. 2. The Association shall assist the City by distributing boating information and advising members of lagoon requirements and regulations as from time to time adopted by the City. 3. Boats entering the lagoon from Bristol Cove shall adhere to all City and State regulations regarding lagoon and boat use and shall obtain all necessary City permits prior to entry onto the surface of the lagoon. 4. The Association shall use its best efforts to control boat launching access to ensure that only members of the Associa- tion and their guests use such access. The public shall not be allowed to use the Association's facilities for access to the lagoon, 5. This agreement 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. 6. This agreement shall be for a period of one year and automatically renewed for like periods unless a notice of termina- tion is received by either party as stipulated in item 5. EXECUTED this day of _, 1980 by the parties as follows: City of Carlsbad, California, a municipal corporation ATTEST: Lletha L. Rau t enk r anz/ .onald C. Packard, Mayor Bristol. Cove Property Owners Association By: Victor Arndt,President APPROVED AS TO FORM: Vincent F. Biondo, Jr. City Attorney As si -2- March 26, 1980 Honorable Mayor & City Counciltnen: In reading the minutes of your February llth meeting, I noticed that the studies and comments from the public were all concerned with noise on the Agua Hedionda Lagoon. I did not notice any mention, throughout the minutes, of sailboats, until the council directed staff to prepare the necessary documents to limit the use of sailboats from May to October. I cannot understand how the limitation on sailboats is going to improve the noise situa- tion. I also cannot understand how the city council can vote on a subject concerning property owner's rights without any in-put from the people bing affected by this new ordinance. I am not personally an owner on this lagoon, but as a realtor representing clients who currently have property for sale on this lagoon, I am very concerned with the reactions I have ob- served of prospective buyers. People who have been considering owning a vacation home here and sail for a weekend hobby, say they would not buy now. People who purchased homes with boat slips, then purchased boats, have suddently been told they cannot use them. In looking for a justification for the council's action I find my- self saying to people, "read the minutes of their meeting and you will find that the council has limited the use of sailboats to lower the noise level on the lagoon". Does that make any sense? Please do something to correct this ridiculous situation. Sincerely, idy \fcewis , 0. Box 1141 Carlsbad, Calif. 92008 729-9151 JLsjlw cc: Blade Tribune WRITE IT—DON'T SAV IT INTER-DEPARTMENT MEMORANDUM TO LEE RAJUTNEKRANZ, City Clerk DATE 5/23/80 '9 A. M. P. M. Please substitute the attached page 2 in the memo dated May 23, 1980, regarding Council action (5/20/80) on Agua Hedionda Lagoon. Thanks REPLY ON THIS SHEET FROM W I L M ER "SERVICE" LIME STANDARD INTER DEPT. MEMO FORM 11-24-PD MEMORANDUM TO : Frank Aleshire, City Manager FROM : David L. Bradstreet, Parks and Recreation Director DATE : May 23, 1980 SUBJECT: Agua Hedionda Lagoon - Council Action (5/20/80) The following is a summary of City Council action taken at the May 20, 1980 meeting regarding the Agua Hedionda Lagoon program. Sail Boats Not allowed on the inner lagoon between 9:00 a.m. and 3:00 p.m. on weekends and holidays during the summer months, from May 24th to October 1st. Must have City permit and liability insurance. Non-Power Boats Non-power boats include canoes, rowboats and similar devices. Not allowed on the inner lagoon on weekends and holidays during the summer months, from May 24th to October 1st. Not required to obtain permit or liability insurance. Power Boats Allowed on the lagoon at all times. Must have permit and liability insurance. Maximum speed limit: 45 m.p.h. Jet Skis Not allowed on the lagoon on weekends and holidays during the summer months, from May 24th to October 1st. At all other times, operation will be limited to an area designated by the City Council for exclusive use by jet skis. The area is to be marked off by buoys. When going to and from the designated jet ski area, jet skis must follow the traffic pattern. Must have permit and liability insurance. Windsurfers, Surfsails. Parachutes & Similar Devices Not allowed on the inner lagoon at any time. Other Action Included in the liability insurance requirement is a clause which would require each owner's policy to name the City as an additionally insured, and also that the City be notified in the event of cancellation of the insurance policy. Additionally, Council directed staff to recommend insurance requirements for sail boats. Because of the minimal cost to obtain additional coverage, staff is recommending that all vessels which require permits obtain liability insurance in the amount of $300,000. Staff further recommends that the same fee be assessed against all types of craft which have the permit requirement, as follows; Annual Weekly Daily Resident ~?2T) ?10 §5 Non-Resident 30 15 7 Council limited the number of boats allowed on the lagoon at any time to 80. Council approved Resolution No. 6187, approving the agreement between the City and the Bristol Cove Homeowner's Association. Council approved a first-year budget for Agua Hedionda Lagoon of $28,851, and an immediate appropriation of $12,850 (Resolution No. 6188) to purchase a patrol boat, buoys and communication equipment. If you have any questions regarding this matter, please contact me at Extension 5571 at your convenience. DLB:vlh cc Bill Baldwin, Assistant City Manager Vince Biondo, City Attorney -2- MEMORANDUM TO : Frank Aleshire, City Manager FROM : David L. Bradstreet, Parks and Recreation Director DATE : May 23, 1980 SUBJECT: Agua Hedionda Lagoon - Boating Regulations * Attached is a copy of the flyer which will be distributed to all boaters on Agua Hedionda Lagoon, beginning May 24, 1980. The notice outlines the policies and procedures which will be implemented to regulate lagoon activities. DLBtvlh cc Bill Baldwin, Assistant City Manager Vince Biondo, City Attorney CITY OF CARLSBAD NOTICE ALL BOATERS OF AGUA. HEDIONDA LAGOON PLEASE BE ADVISED THAT THE CITY COUNCIL OF THE CITY OF CARLSBAD HAS APPROVED A MANAGEMENT PROGRAM FOR THE LAGOON THAT WILL PROVIDE A SAFER AND MORE ENJOYABLE BOATING EXPERIENCE FOR YOU. THE FOLLOWING IS A SUMMARY OF THE PROCEDURES AND POLICIES WHICH WILL BE IMPLEMENTED AND ENFORCED IN THE NEAR FUTURE: 1) All power boats, sail boats and jet skis will be required to show proof of liability insurance in the amount of $300,000, which names the City of Carlsbad as an "additionally insured". 2) All power boats, sail .boats and jet skis will be required to obtain a City of Carlsbad permit to operate on the lagoon. Permits will be available at the marina and at the City of Carlsbad Parks and Recreation Department, 1166 Elm Avenue. The following fee schedule applies to all types of vessels which require permits: Annual Weekly Resident ~1>20$10 Non-Resident 30 15 3) Sail boats will not be allowed on the inner lagoon between 9:00 a.m. and 3:00 p.m. on v/eekends and holidays during the summer months, from May 24th to October 1st. 4) Non-power boats (including canoes, rowboats and similar devices) are not allowed on the inner lagoon on weekends and holidays during the summer months, from May 24th to October 1st. 5) Jet skis are not allowed on the inner lagoon on weekends and holidays during the summer months, from May 24th to October 1st. At all other times, operation shall be limited to an area designated by the City Council for exclusive jet ski use. This area will be marked by buoys. When going to and from the designated ski area, jet skis must follow the traffic pattern. 6) Windsurfers, surfsails, parachutes and similar devices are not allowed on the inner lagoon at any time. 7) The maximum speed limit for power boats will be 45 m.p.h. 8) The maximum number of boats allowed on the lagoon at any time will be 80. THESE POLICIES WILL BE STRICTLY ENFORCED BY THE CITY OF CARLSBAD POLICE DEPARTMENT. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE PARKS & RECREATION DEPARTMENT, 1166 ELM AVENUE, CARLSBAD. PHONE: (714) 438-5571. THANK YOU FOR YOUR COOPERATION.