HomeMy WebLinkAbout1980-06-03; City Council; 6133-3; Agua Hedionda Lagoon ProgramAGENDA BILL NO./ 33 "^
DEPARTMENT:PARKS AND RECREATION
L~
Initial:
Dept.Hd.
C. Mgr.
S ub j ect :
AGUA HEDIONDA LAGOON PROGRAM
Statement of the Matter
The City Council at their May 20, 1980 regular meeting discussed the policy for
boating regulations at Agua Hedionda Lagoon. A summary of 'these actions
is attached (Exhibit 1) . The ordinance reflects these changes to be made
to the Carlsbad Municipal Code.
Staff has proceeded with the purchase of the new patrol boat, communication
equipment and buoys . It is expected that the lagoon program will be fully
implemented thrity days after the second reading of the ordinance.
Council directed- that sail boats be required to obtain liability insurance
and pay an annual permit fee. Because of the minimal cost, staff recommends
an insurance requirement for sail boats of $300,000 and that permit fees be
the same for all boats. ' '
Fiscal Impact '
Council has approved a total budget of $29,000 for the lagoon, of which,
$12,850 will be appropriated this fiscal year.
Exhibits • '
1. Memorandum to City Manager, dated May 23, 1980
2. Ordinance No. ^3 / \jf, amending Chapter 11.24, Section I of the Carlsbad
Municipal Code, revising the regulations of Aquatic Areas and Devices.
Recommendation • .
That City Council introduce Ordinance No. <^p'//'j .
Council Action:
6-3-80 Council introduced Ordinance No. 3118 to revise the regulations of aquatic " '
areas and devices.
6-17-80: Council adopted Ordinance No. 3118, revising the regulations
of acquatic areas and devices.
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 $20?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
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ORDINANCE NO. 3118
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 11 OF THE CARLSBAD 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
Sections :
I.
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Municipal Code is hereby amended to read as. follows :
Chapter 11.24
AQUATIC AREAS AND DEVICES
BOATS AND AIRCRAFT
.24.005 Definitions.
.24.010 Application.
.24.015 Mooring.
.24.020 Boat speed limits.
.24.025 Maximum boat speed limit.
.24.030 Operation of boats at night.
.24.031 Special Use Area - Middle Lagoon.
.24.032 Special Use Area - Inner Lagoon. .
.24.035 Skiers — Ski boats.
.24.040 Boat races and ski meets.
.24.041 Excessive engine noise prohibited.
.24.045 Boats to stay outside of buoys—Exceptions .
.24.046 Boats prohibited on shore side of buoys--
Exceptions .
.24.050 Throwing waste or refuse in water.
.24.055 Aircraft.
.24.060 Areas for swimming or wading.
.24.065 City's liability—Use of areas at own risk.
.24.070 Enforcement of article.
.24.075 Swimming or boating when warning signals
have been placed.
.24.080 Compliance with orders of lifeguards or
signs .
.24.085 Rules of the road.
.24.090 Constitutionality or invalidity.
I.BOATS AND AIRCRAFT
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11.24.005 Definitions. For the purpose of this chap-
ter the definitions outlined in the State Harbors and Navigation
Code, Vehicle Code and California Administrative Code shall apply.
11.24.010 Application. The provisions of Sections
11.24.005 11.24.090 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___^ upt
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 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 Area - 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 May 24th and October 1st. Jet ski
and similar devices at all other times 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 weekends and holidays from May 24th to October 1st between
the hours of nine a.m. and three p.m.
(3) No person shall operate a non-power boat, including
but not limited to sail boats, row boats, or canoes on the Inner
Lagoon during any period of exclusive power boat use.
(4) The maximum number of boats allowed on the Inner
Lagoon at any one time shall be eighty (80).
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Carlsbad Resident Non-Res ident
Annual Permit*
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(5) No person shall operate a wind surfer, surf sail,
parachute or similar device an any time on the Inner Lagoon.
(6) No person shall operate a power boat, sail boat
or jet ski on the Inner Lagoon without a City permit and boat
decal issued by the Parks and Recreation Department or their
designated representatives. The following requirements must be
met to obtain a permit :
A. The power boat, sail boat or jet ski must have
a State approved currently valid registration.
B. The power boat, sail boat or jet ski owner must
provide the City with proof that at least a
$300,000 liability insurance policy exists on
the boat, naming the City as an additionally
insured which cannot be cancelled without
notice to the City.
C. The power boat must be properly muffled in
. accordance with the Harbors and Navigation
Code.
D. A permit fee must be paid.
Annual Permit* ?H5 " ?3~0~
Weekly Permit 10 15
Daily Permit 5 7
*Annual permits are effective from January 1st
to December 31st each year.
(7) The City Council may approve a special operations
permit to temporarily vary the requirements of this section,
subject to such terms and conditions as the City Council deems
necessary
16 11.24.035 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 cours<
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
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(e) Boat and water vehicle racing is prohibited.
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11.24.040 Boat Races and Ski Meets. Boat races and
28 ski meets may be held only by the specific authorization of the
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City Council. Such authorization races or meets shall be by the ,
City Council for each meet or race authorized.
11.24.041 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.
11.24.045 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.
11.24.046 Boats Prohibited on Shore Side of Buoys -
Exceptions. When buoys are approximately seventy-five feet tronf
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.
11.24.065 City's liability—Use of Areas at Own Risk.
The City declares its purpose in adopting Sections 11.24.005--
11.24.090 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 11.24.005-11.24.090 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 sail boat, 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
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purpose of enforcing the provisions of Sections 11.24.005
--11.24.090.
11.24.085" Rules of the Road. The City Council may by
resolution establish rules of the road for the Inner Lagoon
Special Use Area including but not limited to regulations for water
ski takeoff and dropoff areas, traffic patterns, access to
exclusive jet ski areas and access to Middle Lagoon. Violation of
such rules shall be an infraction.
11.24.090 Constitutionality or Invalidity. If any
section, subsection,sentence,clause or phrase of Sections
11.24.005--11.24.090 is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portion
of Sections 11.24.005--11.24.090; it being hereby expressly
declared that Sections 11.24.005--11.24.090, and each section,
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.
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this Ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its adoption
INTRODUCED AND FIRST READ at a Regular Meeting of the
Carlsbad City Council, held on the 3rd day of June 1980,
and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of said
City Council, held on the 17th day of June , 1980, by
the following vote, to wit:
AYES: Council Members Packard, Lewis and Anear
NOES: None .
ABSENT: Council Members Kulchin^and Anear
AT1
RONALD C. PACKARD, Mayor
Anita
(SEAL)
LUTENKRANZ, &Tty (J
Murphy, Deputy Ci
Clerk
City Clerk
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