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Home My WebLink About1988-05-24; City Council; 9447; AGUA HEDIONDA LAGOON REGULATIONSB#- IEPT. p & R ITQ. 51 24180 If the City Council concurs with the recommended change, your action is to introduce Ordinance N0.EJ.J amending the City of Carlsbad Municipal Code, Section 11.24.020, to delete Sub-section (8). UIlE; AGUA HEDIONDA LAGOON REGULATIONS ITEM EXPLANATION In order to accommodate the various lagoon users in as safe a manner as possible, the City Council, on October 20, 1987, amended Carlsbad Municipal Code Chapter 11.24. This amendment divided the lagoon into three distinct use areas and established various rules for usage. In addition, the City implemented Sub-section (8) of Section 11.24.020 of the Code which required boardsail permit applicants to show proof of valid liability insurance in the minimum amount of three hundred thousand dollars ($300,000) and which named the City as an additional insured. Staff has been informed by representatives of the boardsailors that the separation of the use areas in the lagoon is working well. However, they have expressed the following concerns with the City's insurance requirement: 1. The boardsailors' insurance companies will not name the City as an additional insured. 2. The boardsailors feel the City's insurance requirement is discriminatory because other passive users are not required to have liability insurance. Parks and Recreation staff and the Risk Manager reviewed the insurance issue and confirmed that the insurance companies were in fact refusing to name the City as additional insured on homeowners and renters policies. Also, the City does not require other passive users such as rowboats, sailboats, or kayaks to have insurance. Staff investigated and found that there were no local, state or national boardsail organizations that would provide insurance. One association, the Commercial Recreational Vehicle Association, has been located that will provide five hundred thousand dollars ($500,000) liability insurance to each boardsailor for a fee of one hundred seventy five dollars ($175) per year. However, the boardsailors have indicated to staff that they feel the price of this insurance is unreasonable. In order to resolve the boardsailors insurance issue, the following alternatives were considered: a. Keep the insurance requirement but modify the Code to include all passive vessel permit applicants. 0 * Page 2 of AB # 74y7 b. Keep the liability insurance requirement for all passive users b delete the requirement to name the City as an additional insured C. Rescind Sub-section (8), thereby dropping the insurance requirem - for boardsailors. a. Limit lagoon use to either all active or all passive users. Evaluation of department records indicates that there have been no boardsail incidents on the lagoon since the implementation of the exclu passive use area at the east end. Staff recommends deletion of the boardsail insurance requirement becaus the improved safety procedures and the distinct separation of the lagoc use areas. The Risk Xanager recommends that the City continue to require insurance the boardsailors as well as for all other users. FISCAL IMPACT The enforcement program for the lagoon is costing the City approximate1 twenty six thousand dollars ($26.000) per year including overhead, [chi: revenues have been projected to be fifteen to nineteen thousand dollar5 ($15.000 - $19,000) for fiscal year 87-88. If the staff recomnlendatio1 adopted, there should be no significant increase or decrease in the re\ project ions I EXHIEITS 1. 2. 3. Agua Hedionda Lagoon Diagram Resolution Xo. fi\rs-17 amending Title 11 of the Carlsbad Municipa. Requirement, of Section 11.24.020. Letter dated May f7, 1988, from State Lands Commission Code by the deletion of Sub-section (8) , Boardsail Insurance . 0 l a w he - I z 0 - 0 0. 2 - d 0: $ J 9; i 01 i a X cli a3 . 0 0 aD I . r .. - CD E€! A0 B ,m Y* "sr 58 < 0 e 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 11 ORDINANCE NO. NS-17 ~ I 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 BY THE DELETION OF 11.24.020 (8 TO DELETE THE BOARDSAIL INSURANCE REQUIREMENT AN AGUA HEDIONDA LAGOON USE PERMIT I I The City Council of the City of Carlsbad, califo , hereby ordains as follows: I That Section 11.24.020 Lagoon Use Permi.ts of th I - 1 Municipal Code is amended by deletion of the subsection 1 reads as follows: ~ i I ~ 11.24.020 (8) “Boardsail permit applicants provide proof of valid liability i.nsurance minimum amount of $300,000 naming the City 1 Carlsbad as additionally insured with the C mailing address shown on the insurance cert EFFECTIVE DATE: This ordinance shal.1 be effe thirty days (30) after its adoption, and the Clity Clerk I certify to the adoption of this ordinance and cause it 1 ’ published at least once in the Carlsbad Journa.1 within 1 (15) days after its adoption. ~ I INTRODUCED AND FIRST READ at a regular meeting o City Council of the city of Carlsbad held on the 24th May , 1988 and thereafter PASSED, APPROVED AND ADOPTED at a regular meetinl Carlsbad City Council held on the 7th day of June by the following vote, to wit: AYES: Council Members Kulchin, Pettine, Mamaax and Lars ) NOES: Council Member Lewis ABSENT : None /jfy((f p:’ I’ //// f. /,.7 4% &/:( I -f ” I” ClAUDE A. LEWIS, M ATTEST : ALZTHA L. RAUTENKRANZ, City Clqrk (SEAL) ,. . a * STATE OF CALIFORNIA *( GEORGE DEUKh ' STATE LANDS COMMISSION EXECUTIVE OF 1807 - 13th Str LEO T. McCARTHY, Lieutenant Governor Sacramento, Ca GRAY DAVIS, Controller JESSE R. HUFF, Director ofFinance CLAIRE T. DED Executive Office .. -, . ,. . ." .. ,, ,- ' ~ .u ,. i :. .~ . . .. * _. _j I I. I_ May 17, 1988 City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1989 Honorable Mayor and Council Members: This office has been informed that the Carlsbad City Counc: considering a modification to the Carlsbad Municipal Code relatil public recreational use of navigable waters within the City. Initially, the staff of the State Lands commission would to take this opportunity to commend the City on its progra preservation of the resources associated with the lagoons withir City. Buena Vista, Batiquitos and Aqua Hedionda Lagoons are wet1 of not just local but of statewide and even national international significance. The State Lands Commission looks foZ to a continuing productive relationship of cooperation in protec these public assets for future generations. In particular we wiz thank the City for its efforts in facilitating and taking the role in the restoration project for Batiquitos :Lagoon. Commission just last Monday, May 9th in furtherance of restoration project, agreed to a settlement of property ownel issues with the Hunts which provides for transference of t interest in the lagoon to the State, consistent with the Cit Carlsbad and California Coastal Commission permit requirements Local Coastal Plan as provided in the Batiquitos Memorandur Agreement. Furthermore, regarding Aqua Hedionda Lagoon, we believe steps taken by the City to ensure public recreational opportuni for power boaters, skiers, sail boaters, boardsailers, row bc canoes, et cetera on Aqua Hedionda Lagoon is a positive praiseworthy effort by the City. Specifically, we believe providing for separate areas of activities, traffic patterns, s limits and the like for power boats, jet skis, and more passive (boardsails, canoes, row boats, etc.) is not only a reasonable laudable approach by the City in fulfilling its regula responsibility of protecting the health, safety and welfare of citizens and non-residents who visit the area in question. .. ., e * 4 -2- May 17, We do, however, view with great concern and pestion not the appropriateness but the legality of requiring indivi exercising their rights of navigation to obtain insurance namin' city as an additional insured party. While both local govern and the State are faced with a spate of tort claims and law filed against public entities for alleged negligence in virt every area of their activities, we believe that the de prohibitive effect of the insurance requirement is in- =Lppropriat goes too far. California has a long and colorful history of offering tl citizens the right of navigation on its waterways and seekir protect those rights where necessary. In fact at its inception, California was "admitted intc Union (by Congress on September 9, 1850) upon the express cond highways, and forever free. . . . that all the navigable waters within the said state shall be ci We urge the City of Carlsbad to take the necessary ster this regard and eliminate any requirement of insuring the City condition of exercising the right of navigation on Aqua Hed: Lagoon. If we can be of any assistance or if you wish our stai discuss this matter in greater detail with represent.atives of City please let us know. II Thank you for your consideration of this matter. Sincerely, q&&!~P*dc,-fkl- ROBERT C. HIGHT Chief Counsel & / cc: Vincent Biondo, City Attorney Ronald Ball, Asst. City Attorney Ray Patchet, City Manager Bob German, Risk Manager Lynn Chase, Recreation Superintendent Jon s. Lees, North County Boardsailing Assc. N. Gregory Taylor, Asst. Attorney General Jerry D. Blair, Deputy Attorney General Edna Walz, Deputy Attorney General Bill Satow, Dept. of Boating and Waterways Carlton Moore, Dept. of Boating and Waterways Curtis L. Fossum, Senior Staff Counsel . Dave Bradstreet, Director of Parks & Rec. */ 6 e u5 hq* 22- q w, I// April 8, 1938 To: Carlsbad City Coucil From: North County Sailboarding Association Re: Renewal of Sallboard Permits The intent of this letter is to inform the city council members of problems related to city ordinance 11.24 which has prevented 94 permit holders from renewing their 1987 permits. As you know, you passed a requirement that sailboard owners must show proof ( $300,000.00 of liability insurance and the policy must show the city of Carlsbad as additionally insured. That ordlnance was passed last summer. When I heard of the addition of the requirement I researched it and informed Parks and Recreation and the Risk Manager tha obtaining this type of policy was not possible. That was some nine months ago. Since that time the renewal notices have gonc out and nobody can qualify for a permit. Nothing has been dont except to inform us that since there are a lack of complaint: there must be a lack of interest in sailing. Actually, many people have complained and there is great interest in sailing. We respectfully request the requirement for insurance be deletea from the ordinance. Regulations related to recreationa activities are proven to be more successful when they a reasonable. People will use the lagoon despite this ordinance when it is not patrolled. The city should do what it can tc encourage the cooperation of all users SO that people partkipat in the permit process and therefore all users will be informed of planned uses. Sailboarders appreciated and enjoyed use of the passive area the east end of the lagoon at the end of last summer. We are n aware of any problems, accidents or safety hazzards related that use. We believe that any risk exposure to .the city Carlsbad is significantly reduced by: a) The permit process and "hold harmless agreement", b) separate use area, and c) thl excellent safety record of the sport in all of San Diego County. Having insu'rance does not prevent accidents or reduce ri: Realistically, powerboating and jetskiing are by far mort dangerous activities than boardsailing. This is evidenced by the accident reports over the last few years. The city Of Carlsb should promote a safe sport like sailboarding and not discourae it, We recognize the responsibility of the risk manager's office ts- point out areas of concern regarding the city's liabilit exposure. We feel recreational -opportunities on the Ag 0 @ Hedionda Lagoon for north county residents, buslness and visitor benefits far outway the liabilities. Thank you for your consideration. (.\ .\ ;+h Jon S. Lees i. 1 DATE - 5/15/83 5/15/83 61231 83 7/ 2/83 71 4/83 71 4/83 7/13/83 7/23/83 81 6/83 81141 83 5/25/84 5/26/84 5/27/84 61 7/84 6/23/84 a/ 9/84 8/11/84 91 9/84 6/23/85 81121 04 7/29/84 8/1/84 a114185 8/16/85 8/24/85 6/ 25/86 7/29/86 8/31/86 9/11/86 I)’ LAGOON ACCIDENT LOG @. IC___ N;LhEE ( S) Greg Smith Doug Bodenwiser Leslie Knop Justin Patterson Richard Anderson Don Lewis Robert R. Saric Boat Capsize Ben & Chris Hunt Craig Houser Greg Nelson Tom McRee’nan Allan Chan Greg Taylor Greg Recter Jet skis collision Thomas Trozera Don Swayzl- Richard Irwin Scott Wothe Mike Sandy Lance Eatlock Justin Morino EX Gondava Hilz Travis Spitzer Susie Canpsie TYPE OF ’I”fPE OF 1h:JUP.Y ACCIDSNT Laceration Laceration Laceration/ Abrasion Possible Concussion laceration Burns Laceration (Paramedics) None Dog Bites Neck injury - Paralysis Paramedics/Life Flight Possible leg fracture Possible finger fracture Laceration Elow to right foot Laceration Kone Possible torn am muscle Laceration Laceration Dislocation of joint Direct traurna No injury (rescue) S (Hydr S S L S B J B L s S S S S L 3 s J L S S (Tubi Inn€ S (KneE J Cut knee 1” S Cut lip J Wil Bowen Pulled Hamstring S Dermis Jurman Sone - Boat collision B Scort Moehn Hit head S (none on Fire Dept. re2ort) Knee injury S Patrol not on 6zty Key to Accident Abbreviations: S = Skiing L = Land, harbor or beach B - Boating ’ J = Jet Ski ‘I .. .. .. EXHIBIT