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HomeMy WebLinkAbout1981-06-02; City Council; 6624; Agua Hedionda Lagoon-request to speakCITY OF CARLSBAD AGENDA BILL NO. DATE: June 2, 1981 DEPARTMENT:City Clerk Initial: Dept.Hd. C. Atty. C. Mgr. Subject: AGUA HEDIONDA LAGOON - REQUEST TO SPEAK Statement of the Matter A request has been received from William H. and Wendy R. Hill to speak to Council regarding the noise level on the Agua Hedionda Lagoon, (request attached) Exhibits 1. Request from William H. and Wendy R. Hill to address Council. COUNCIL ACTION: 6-2-81 Council directed the Police Department to strictly enforcement the noise regulations on the Lagoon, and to report back in 30 days. 4374 Adams Street Carlsbad, CA 92008 May 22, 1981 City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Council Members: We request your consideration of the following matter. The Problem - Excessive boat noise on Agua Hedionda Lagoon. It has been our disturbing experience that there are a few boats of the many that appear on this lagoon that are excep- tionally and unreasonably loud. These few are typically driven in a hot-rod manner - revving up and down to make as much noise as the equipment can produce. The rocket-engine-shaped stacks of some boats are obviously designed to trumpet exhaust noise to the utmost. Who is affected? A lot. We live in a home that is close to the water so we probably get the maximum intensity among homeowners. However, the boats described above can be heard over 2 miles away. So the number of homes bombarded with noise pollution is at least several hundred. What is the cause? Stacks. We have observed that the loud boats are always inboards with over-the-engine exhausts, generally large in size, some with water flowing through, others apparently not. We have seen some that looked like the loud ones, but were reasonably quiet. It is rare that an inboard with through-the-transom exhausts is too loud. None of the outboards have been loud. What can be done? a. Ban all boating. We would never endorse such a measure and we hope that no action resulting from this would ever cause such a ban. We like the boating and the skiing and the fam- ily fun - it's just the excessive noise we don't like. b. Limit speed. The speed limit is 45 MPH and further reduction would impair water skiing. Furthermore, it wouldn't limit noise since the above "pipers" can put out maximum noise from a standing start. c. Limit decibels of noise. We understand that the current allowable noise level is 86 dB for older boats and 82 dB for boats manufactured since 1978. While limiting the noise level would seem to get at the problem directly, it hasn't so far. As an example, on Mother's Day Weekend, Saturday, May 9, 1981, we reported a loud boat and the Police Depart- ment ran tests on it getting readings of 86, 89, and 92 on three different runs. Note that sound intensity doubles for every increase of 3 dB. So, 89 dB is twice the sound intensity of 86 and 92 dB is four times the sound intensity of 86. Officer Higgenbotham explained to me that he would have to allow up to about 94 dB because (1) we don't have an official test course laid out, (2) it would require two officers, one in the boat and the other at the dB instrument, and, (3) sound levels can be higher from a standing start before adequate water is flowing through the mufflers. By ear, I would say some boats exceed 100 decibels. d. Limit types of mufflers. It appears to us that the most practical control available is to ban the over-the-transom stacks, water injected or not. This also eliminates the problem of the driver who passes the dB test but later turns off the water and increases the noise. Unfortunately, the City Attorney, Mr. Biondo, tells us that the state will not allow legislation governing types of muffling equipment. e. Ban all inboard motor boats. If none of the above is prac- tical or allowable, it appears to us that the only way to get control of the problem is to take all inboards off the lagoon. A less drastic action would be preferred but none seems possible. However, something must be done about the excessive noise that is disturbing the peace of hundreds of people. f. Protect ourselves from the noise. When we built our house near the lagoon, we were aware of boat noise and have taken all reasonable measures in construction including double- pane windows, wall insulation, floor plan layout and sound barriers. In spite of all these, the noise of some boats is disturbing our peace even with all the doors and windows closed. We believe we have done all we can at our end. We believe that no one should be subjected to the excessive and unnecessary noise of others. There is no need to have hot-rod loud boats to have family fun on the water nor to water ski. While the state may have an 86 dB standard, we argue that it's not appropriate to apply that noisy a standard to a lagoon within our city limits that is bordered by residential area. We propose that the privilege of boating here be retained and that that privilege not be abused by an excessively noisy few. Banning the types of boats that are excessively loud (I.e. in- boards) seems to be the only way to do it. Respectfully , William H. Hill Wendy R? Hill • .r.vwv*-?.: '••-», * * '• •;27NAVIGATION CODEARBORSty or United Statewhile on official trthorized by the permr a race or regatta if aover the area where theentiorautfo$*CALIFORNIA BOATING LAW26&' 1 H - ! lil ! i .gg• •»•- e•o•u f> g ^^t-31-, O*rt x § S 'a2 6 •gis ^"3SIo aw« IHOa«.co 215 o £•oo_a'CoSV-ia 3 o «ci* rf^ TDOX £OX.J .8 '5 ti •easons.x 53:/i 5J C3 X.a•ao '3cr tSc c §0^a — Ui Q,) 1j ^^ ^^-s i '> « «>o « 4, ^"1 ^ S^-C rt p c c*B 1o•a <u ClJ lowers, l•au C3 'oSvta TSCa VI 1J3 £ Ml-at*. CL. « r-> W•" ex, *^M .„ ^^ e/i S'^S;'5 «c J3 «•> i!"" -n a c wJi^ a o_ .3 3 "g -g £ o "S :y o "S§g£aD l_ a o 1J 1U^^ 2-£-£M bo^ _e ^.5 5 S^^1 3 3 S -s-a i. i. 3 XfJO 0 a.:" « ll! .!2> !i 8 j -§ |>< •" o±••3 ll4_t fljo^:c "^ c_0 oflj >>^3 -oO3 . "* *-l.2 S ij O — oa ° c motorboat \§ C) "o ^'5 >c ito oC ">'5 2o ""i 3 0<*, O *£ n TJ 8.88-g T4 yi-. a> CTI Xu.•n3 ?5 £O ^ o -2 S -0 o §•£ S'S2 2 — • XurtD S ^ ^ u-. "S ^om<*_0 (U <-• o 8, a noise levf-o> *-«anuary•^ j. _g £ioise levelspleasure mow J2o3v>rmine- £ ,2 CJ "'t- a^CJ0uc. 'g iJrf . k-< o i 3•o1 O .£ "^v proceclurds3fi "^>; O XJ 'j* . i« & ^ iiii^liii rill -i=a« g'l^sa^-ilS1 s-1^5'§H^sl§ rSj=^ I' «J a '-2 - -C E J! ^ « ' " c " S E r - S -:)• jl ! j*a § 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: (714)438-5511 Citp of CarlSbab POLICE DEPARTMENT ATTENTION: ALL BOAT OWNERS AND OPERATORS • EFFECTIVE IMMEDIATELY, THE CARLSBAD POLICE DEPARTMENT WILL BEGIN ACTIVE ENFORCEMENT OF HARBORS AND NAVIGATION CODE SECTION.654 WHICH STATES IN PART " THE EXHAUST OF EVERY INTERNAL COMBUSTION ENGINE USED ON ANY MOTORBOAT SHALL BE EFFECTIVELY MUFFLED AT ALL TIMES TO PREVENT ANY EXCESSIVE-OR UNUSUAL NOISE". - IF YOUR BOAT IS FOUND TO BE IN VIOLATION OF THIS SECTION, YOU MAY BE ISSUED A MISDEMEANOR CITATION AND TERMINATED FP.OM THE USE OF THE AGUA HEDIONDA LAGOON UNTIL SUCH TIME AS THE VIOLATION IS PROPERLY CORRECTED. YOUR COOPERATION IN THIS.MATTER WILL BE GREATLY APPRECIATED. ,;.:Th CARLS9AO. CALIFORNIA 920C8 - '• ' • v ;%,.: k UnlW (4 .' I .-'"- ' '••"'"• ' v, (714)4384411 ^' ';: ; .;. ~-fv--.- ' cttp of Carlsbab " ; ;- : : . . POLICE DEPARTMENT ^ 1) All vessels shall be currently registered and equipped as per California Boating Law. (652 H&N) " 2) Water use permit required. (City Ord.) 3) $300,000 liability, co-insuring the City of Carlsbad required.. (City Ord.) ; - : . - . ••'.',. 4)' All'motorized vessels shall be effectively muffled. (654 H&JJ) ' 5) No water skiing permitted between sunset and 8:00 AM. (11.24.025 MC) '-.; • - * * • . •,.-'.-,. 6) The display of a red flag is mandatory when a skier is to be " ". .started, down in the water and prior to landing. The flag must be continuously displayed during the time the skier is in the'water, and until the tow line is irttheboat. (11.24.080 MC) . . / 7) After landing skiers, the tow vessel must continue to be uncongested area, out of the ski lanes, to pull in the ski line. (11.24.035 MC) 8) No vessel shall beach while dragging a ski line. (11.24.035) . 9) All vessels towing skiers must have an observer who is at least 12 years old. (658 H&M) 10) Skiers must wear a Coast Guard approved personal flotation device. . (11.24.030 MC) 11) No vessel shall overtake or follov/ in the wake of a boat towing a skier at a distance of less than 200 feet. (11.24.035 MC) 12) Vessels starting from the shore must yield to ski boats approaching . from the left. 13) All vessels shall maintain a counter clockwise pattern. Jet skis . and similar devices may deviate from the pattern in the designated area at the extreme, east end of the lagoon. (11.24.035 MC) 14) Bouys in the center of the lagoon indicate a sand bar. Operate counter clockwise, between the end bouy and the shoreline. (11.24.075 MC) 15) Speed Limits: MAX: 45 M.P.H. (11.24.022 MC) • . MAX: 5 M.P.H. within the designated bouy and shore line. (11.24.020 MC) 5 M.P.H. between sunset and 8:00 AM. (11.24.025 MC.)' f. 16) No motorized boats allowed under Freeway 1-5 bridge. (11.2:4.080 MC) 17) No overnight camping. . (11.24.080 MC) - , . ' " ' 18) No wind surfers, parasails allowed. (11.24.080 MC) 19) No swimming allowed. (11.24.060 MC) 20) All California Boat laws will be strictly enforced; LRMDINSS ONLY WITHIN SRMD BPiR -/ .V" - CONTIMUIMS SOUTH ' BERCH o -BJ