HomeMy WebLinkAbout1994-05-16; City Council; 594-5; Revision of Agua Hedionda Lagoon ordinancePARKS & RECREATION COMMISSION - AGENDA BILL
AB *
MTG. -
DEPT
TITLE-REVISION OF AGUA HEDIONDA
LAGOON ORDINANCE CHAPTER 11.24
(ACTION)
RECOMMENDED ACTION:
If the Parks and Recreation Commission concurs, your action would be to approve
the revised Agua Hedionda Lagoon Rules and approve amendments to the Carlsbad
Municipal Code, Chapter 11.24. Staff recommends that the Parks and Recreation
Commission endorse these amendments and recommend approval by the City
Council.
ITEM EXPLANATION:
The Agua Hedionda Lagoon ordinance has not been updated since 1987 (Exhibit 1).
In order to improve safety awareness, customer service, educate the public on
specific areas of the lagoon, as well as modify some of the rules which are either
ineffective or hard to control, staff is recommending changes and revisions. The
California Department of Boating and Waterways and the City Attorney are also
reviewing the proposed changes to the ordinance. An outline of the proposed
ordinance identifies the current rules for each section and recommended changes
explaining why the proposed changes are being made (Exhibit 2). In an effort to
make it easier for the Commission to review, the recommended changes that are
significant in nature are identified below.
Vessel Speed Limits (11.24.025)
Staff recommends this section be repealed because California Harbors and
Navigation Code 655.2 addresses the same criteria as the Carlsbad
Municipal Code 11.24.025 with the exception of boat corridors of which
Carlsbad Municipal Code 11.24.120 does.
Operation of Vessels at Night (11.24.035)
Currently, no person shall operate a vessel at speeds in excess of five miles
per hour between the half hour before sunset and one half after sunrise the
following day. State law requires that no person shall operate a vessel in
excess of five miles per hour between sunset and sunrise. Staff
recommends the elimination of the existing "half hour before and half hour
after" clause in reference to sunrise and sunset. This will maintain
consistency with State law.
Inner Lagoon (11.24.050)
Currently, this section of the ordinance does not define what a personal
watercraft is or have a requirement as to what direction it may travel. As per
the City Attorney's request, staff is recommending the proposed additions
to this section (Exhibit 2, Page 6).
52
PAGE 2 OF AB#
Prohibit Uses (11.24.085)
Staff is recommending the elimination of Pedal boats and boardsails without
windowed sails from the Prohibited Uses because they do not pose a hazard
to themselves or other passive users.
Staff also recommends that Hovercraft be allowed on the lagoon for "Official
Business Only" and "motorized surfboard-like vessels" be added to the
prohibited uses due to unique design and operation they would not fit within
any established use area.
Waterskiing Slalom Course (11.24.110)
Our department received a written request to establish a designated slalom
course area (Exhibit 3). It was their belief that over the past five to six years
the existing location and rules did not adequately meet the needs for slalom
skiing. They also felt that types and number of vessels using the passive
area and the peak use periods for passive vessels and slalom skiing use
have changed. In reviewing this request and the effect it would have on
other users, staff felt it was imperative to solicit input from all 1993 permit
holders (Exhibit 4).
Taking into consideration even/ones' comments and concerns (Exhibit 5),
staff proceeded to analyze daily vessel activity logs for the past several years
and set up different scenarios on the water to see if it would be realistic.
After reviewing all the information, we then identified the following
alternatives.
1. Establish a new designated slalom course area.
2. Keep current location of slalom course with no changes in
rules.
3. Allow minor relocation of course (west approximately 50 feet)
and allow two-way use with a time restriction (staff
recommendation).
4. Move slalom course to middle of power boat area.
5. Eliminate slalom course.
After analyzing all of these alternatives, the City cannot support establishing
a designated slalom course as was proposed. Staff feels that relocating the
course as requested would have a significant impact on the south beach,
power boat and passive use areas and would have a fiscal impact on our
department.
53
PAGE 3 OF AB#
Staff can support Alternative #3 with the following conditions: rf)\ Have a
time restriction from sunrise to 9:00 a.m. daily ,{2?) Allow existing course to be
moved 50 feet west,(D Allow public to use private course, (3^ In the power
boat area length and width of course shall be no further west than 550 feet
from entry gate and no more than 200 feet from shore.® After 9:00 a.m. this
area reverts back to unrestricted power boat use and beach access,^ After
9:00 a.m. slalom course may be used one direction only if no passive
vessels are using the passive use area, and (zj) That thje. City reserves the
right to terminate use of the slalom course by any/vessel or skiers-at any time
based on safety^-awHiability concerns. A detailecT description of the slalom
course rules and conditions can be found in Exhibit 2, Page 14.
In selecting this alternative, staff feels it will not impact the public from
entering and/or exiting the south beach safely and have little or no impact on
the other use areas.
Any recommendations made by the Commission for consideration by the City Council
may be subject to further review and approval by the City Attorney's Office and
Department of Boating and Waterways.
FISCAL IMPACT:
To allow a minor relocation of the slalom course and allow two-way use, there would
be the need to purchase additional buoys for this area. It is estimated that four to five
buoys would be required at a cost of approximately $500 - $700. Funding for the
buoys would be available in the 1994-95 Agua Hedionda Lagoon Budget. The
Department would also accept donations from the Bristol Cove Boat and Ski Club or
any other individuals who would offer to support this type of purchase.
EXHIBITS:
1. Carlsbad Municipal Code - Chapter 11.24, Agua Hedionda Lagoon
2. Proposed changes to Carlsbad Municipal Code Chapter 11.24
3. Letter from Keith Mahler - October 10, 1993
4. Designated Slalom Course Survey Questionnaire
5. Designated Slalom Course Survey Results
6. Clarification letter to permit holders - May 10, 1994
7. Letter from Joanne Figliuzzi - May 9, 1994
54
11.24.005
c Chapter 11.24
AGUA HEDIONDA LAGOON*
Sections:
11.24.005 Application.
11.24.010 Definitions.
11.24.015 Special use area—Agua
Hedionda Lagoon.
11.24.020 Lagoon use permits.
11.24.025 Vessel speed limits.
11.24.030 Maximum vessel speed limit.
11.24.035 Operation of vessels at night
11.24.040 Middle lagoon.
11.24.045 Outer lagoon.
11.24.050 Inner lagoon.
11.24.055 Fishing.
11.24.060 Public access.
11.24.065 Private launch ramp.
11.24.079 Bristol Cove.
11.24.075 Maximum number of vessels
on the water.
11.24.080 Maximum vessel length.
11.24.085 Prohibited uses.
11.24.090 Excessive engine noise
prohibited.
11.24.095 Areas for swimming or wading.
11.24.100 Throwing waste or refuse in
water or on public access or
shoreline.
11.24.105 Aquatic special events.
11.24.110 Water skiing slalom course.
11.24.115 Ski boats and skiers.
11.24.120 Vessels to stay outside boat
corridor.
11.24.125 City's liability—Use of areas
at own risk.
11.24.130 Compliance with orders.
11.24.135 Rules of the road.
11.24.140 Constitutionality or invalidity.
•Prior ordinance history: Ords. 1296, 3033. 3083, 3091. 3093,
3118. 3127. 3142. 3153. 3154. 3161 and 3213.
11.24.005 Application.
The provisions of Sections 11.24.010 through
11.24.140 apply to Agua Hedionda Lagoon.
(Ord. 3222 § 1 (part), 1987)
11.24.010 Definitions.
For the purpose of this chapter the definitions
outlined in the State Harbors and Navigation
Code, Vehicle Code and California Administra-
tive Code shall apply. (Ord. 3222 § 1 (part), 1987)
11.24.015 Special use area—Agua Hedionda
Lagoon.
The entire Agua Hedionda Lagoon, consisting
of three sections known as outer lagoon, inner
lagoon and middle lagoon are declared to be a
special use area and under the provisions of the
California Harbors and Navigation Code Section
660. Use of the lagoon is subject to the provisions
of this chapter and any regulations adopted by
the city council. (Ord. 3222 § 1 (part), 1987)
11.24.020 Lagoon use permits.
It is unlawful to operate any type of vessel on
the water without first obtaining an annual or
temporary lagoon use permit issued by the city's
parks and recreation department or a daily
lagoon use permit issued by Snug Harbor Marina
office. The vessel operator shall display the city's
annual permit decal in the specified location at
all times or possess, and show upon request, a
valid temporary lagoon use permit. The follow-
ing requirements shall be met to obtain a lagoon
use permit:
(1) Permit application and hold harmless
indemnity agreement shall be filled out and
signed by a responsible adult;
(2) The current permit fee as established by
the city council by resolution must be paid;
(3) The fee is nonrefundable and non-
transferable;
(4) Annual permit fee is based on the calendar
year, January 1st through December 31st and
shall be half-price when purchased anytime
between October 15th and December 31st;
(5) Annual permit fee for boardsails and other
passive vessels eight feet or less, shall be one-half
the established annual fee. An additional
boardsail permit decal may be purchased for an
owner's personal use at an annual fee as estab-
336-5 (Carlsbad 10-89)
EXHIBIT 1
11.24.020
lished by the city council by resolution;
(6) One daily permit fee may be credited
toward the full purchase of an annual permit, by
submitting the daily fee receipt with an annual
permit application, any time prior to October
15th;
(7) Replacement decal fee shall be set by the
city council by resolution;
(8) Repealed by Ord. NS-17.
(9) Those vessels that are required by Depart-
ment of Motor Vehicles to obtain vessel registra-
tion shall provide a copy of valid vessel
registration;
(10) Lagoon use permits are not required for
dredging, research, patrolling or maintenance by
San Diego Gas and Electric Company and their
designees. (Ord. NS-68 § 10, 1989; Ord. NS-17,
1988; Ord. 3222 § 1 (part), 1987)
11.24.025 Vessel speed limits.
It is unlawful to operate a vessel at speeds in
excess of five miles an hour in any of the follow-
ing 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;
(3) Within a boat corridor. (Ord. 3222 § 1
(part), 1987)
11.24.030 Maximum vessel speed limit.
It is unlawful to operate a vessel at speeds in
excess of forty-five miles per hour except pur-
suant 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. (Ord. 3222 § 1
(part), 1987)
11.24.035 Operation of vessels at night.
Between the half hour before sunset and one-
half hour after sunrise the following day, no per-
son shall operate a vessel at speeds in excess of
five miles per hour. (Ord. 3222 § 1 (part), 1987)
11.24.040 Middle lagoon.
The middle lagoon, including the water areu
between Interstate 5 and the railroad tracks, is for
use by passive vessels. It is unlawful to operate a
powered vessel, including jet skis or similar
device at any time on the middle lagoon except
by safety personnel, maintenance or research
personnel with authorization by the parks and
recreation director or his/her representative.
(Ord. 3222 § 1 (part), 1987)
11.24.045 Outer lagoon.
The outer lagoon, including the water area
between Carlsbad Boulevard and the railroad
tracks, is limited to use by San Diego Gas and
Electric Company and those activities specifi-
cally approved by San Diego Gas and Electric
Company including marine research and fishing
from the west shoreline in posted areas. It is
unlawful to operate any power or passive vessel
in the outer lagoon without written approval by
San Diego Gas and Electric Company except for
the purpose of making a rescue or conductir ~
safety services operations including search ana
recovery. Lagoon use permits cannot be issued
by the city for use of the outer lagoon. (Ord. 3222
§ 1 (part), 1987)
11.24.050 Inner lagoon.
The inner lagoon, including all water areas
east of Interstate 5 shall be subject to the follow-
ing regulations all year round:
(1) Separate areas are established for use by
powerboats, jet skis, and passive vessels, with
boat corridors adjacent to the shorelines for tran-
sit to and from these separate areas;
(2) Jet skis and similar devices shall be limited
to use in Snug Harbor, between the north side of
the sandbar and the boat corridors along the
north, east and west shorelines;
(3) Powerboats shall be limited to use in the
middle area of the inner lagoon, between the
south side of the sandbar, the north shoreline
boat corridors and the passive use area; powe—
boats shall maintain a counterclockwise traL.,
337 56 (Carlsbad 10-89)
11.24.050
pattern when in the power vessel area;
(4) Passive vessels and boardsails shall be lim-
ited to use in the eastern end of the inner lagoon,
within the passive use area. (Ord. 3222 § 1 (part),
1987)
11.24.055 Fishing.
Fishing from the shoreline or from a passive
vessel shall be limited to the passive use area;
fishing from a power vessel shall be limited to the
powerboat area. It is unlawful to cast fishing lines
into any boat corridor or in the traffic pattern of
water ski boats and skiers. (Ord. 3222 § 1 (part),
1987)
11.24.060 Public access.
All public accesses are subject to the following
year-round regulations:
(1) Open for walk-in traffic only, from sunrise
to sunset; it is unlawful to drive a motorized
vehicle on a public access when posted for walk-
in traffic only;
(2) Passive vehicles with a valid city permit
may be launched at any public access;
(3) It is unlawful to launch a motorized vessel
from any public access. (Ord. 3222 § 1 (part),
1987)
11.24.065 Private launch ramp.
Snug Harbor Marina is a privately owned and
operated launch ramp. Vessels launched from
Snug Harbor shall be subject to the following
regulations and procedures on, all year-round:
1I) Powerboats (excluding jet skis) and passive
vessels shall transit through Snug Harbor Marina
area within the west and east boat corridors at a
speed not to exceed five miles per hour.
(2) The west boat corridor is limited to traffic
heading southeast to transit from the marina to
the powerboat area or to the passive use area.
(3) The east boat lane is limited to traffic
heading northwest returning to the marina and
to Bristol Cove jet skis and passive vessels going
to and from the designated use areas. (Ord. 3222
§ 1 (part), 1987)
(C»rljb«d 10-89) 338
11.24.070 Bristol Cove.
Bristol Cove is a private residential cove
restricted to use by owners and tenants. It is
unlawful for any vessel to launch to Bristol Cove
or to enter the cove from the lagoon unless the
vessel owner has been issued both the Bristol
Cove Property Owner's Association use permit
and the city annual lagoon use permit. Bristol
Cove vessels shall comply with this chapter and
shall follow the established transit corridors from
the cove to the appropriate use areas. (Ord. 3222
§ I (part), 1987)
11.24.075 Maximum number of vessels on
the water.
The maximum number of passive and power
vessels (excluding jet skis) using the water in their
designated use areas at any one time shall not
exceed thirty vessels per area. The maximum
number of jet skis using the jet ski area at any one
time shall not exceed twelve. The maximum
number of boardsails using the passive use area at
any one time shall not exceed twenty. (Ord. 3222
§ 1 (part), 1987)
57
11.24.080
o 11.24.080 Maximum vessel length.
The maximum vessel length allowed in the
inner lagoon, excluding rescue, research and
maintenance vessels, shall be twenty-one feet or
less for power vessels and eighteen feet or less for
passive vessels. (Ord. 3222 § 1 (part), 1987)
11.24.085 Prohibited uses.
The city reserves the right to limit the type of
vessels and aquatic uses of the lagoon. The fol-
lowing types of vessels or uses are not allowed on
the lagoon:
(1) Parasails;
(2) Hovercraft;
(3) Peddleboats;
(4) High-profile cabin cruisers:
(5) Boardsails without windowed sails;
(6) No aircraft shall land on or take off from
the water or public shoreline and public accesses:
(7) No aquatic vessel racing is allowed except
as authorized by city council in accordance with
Section 11.24.105;
(8) No mooring a vessel except in an area so
designated:
(9) This section is not intended to apply to
San Diego Gas and Electric Company's activities
in the outer lagoon. The city does not intend to
regulate maintenance, dredging, research, patrol,
utility and other vessels authorized by San Diego
Gas and Electric Company for uses in the outer
lagoon. (Ord. 3222 § 1 (part), 1987)
11.24.090 Excessive engine noise prohibited.
It is unlawful to operate a power vessel unless
it is properly muffled at all times and shall not
exceed the sound levels established by the state.
Muffling systems shall be in operation at all
times and excessive engine acceleration while the
boat is not in gear is prohibited. (Ord. 3222 § I
(part). 1987)
11.24.095 Areas for swimming or wading.
No swimming or wading from shore shall be
permitted in the inner lagoon or outer lagoon
except as authorized by San Diego Gas and Elec
trie Company in the outer lagoon. (Ord. 3222 § 1
(part), 1987)
11.24.100 Throwing waste or refuse in water
or on public access or shoreline.
It is unlawful to place waste or refuse of any
kind in the water, on the shoreline, or public
access except in designated waste or refuse con-
tainers. (Ord. 3222 § 1 (part), 1987)
11.24.105 Aquatic special events.
Boat races, ski meets, boat parades, or other
aquatic special events on the water shall be held
only by the specific authorization of the city
council. Such authorization shall be by the city
council for each meet, race or special event
authorized. The city council in approving such
event may impose conditions and establish spe-
cial regulations as the council deems necessary.
(Ord. 3222 § 1 (part), 1987)
11.24.110 Water skiing slalom course.
The privately owned and maintained water
skiing slalom course may remain in Agua
Hedionda Lagoon subject to removal when
directed by the city council. As presently located,
parallel to the southeastern shoreline within both
the powerboat area and passive use area, the
course shall be used only when there are no pas-
sive vessels on the water in the passive use area.
(Ord. 3222 § I (part), 1987)
11.24.115 Ski boats and skiers.
Ski boats and skiers shall comply with the
following rules and procedures:
(1) Ski boats shall maintain a counterclock-
wise pattern in the powerboat area.
(2) No ski boat shall enter the traffic pattern at
more than a forty-five degree angle.
(3) Following a boat towing a skier too closely
is prohibited: no ski boat shall overtake or follow
in the wake of another boat that is towing sk
or any aquatic device.
339 58 (Carlsbad )-88)
11.24.115
(4) Water skiers will start from deep water,
south of the sandbar, or from the south beach
shoreline; no take-off or drop-off allowed in Snug
Harbor Marina at any time.
(5) Incoming and continuing traffic have the
right-of-way over take-off traffic; take-off traffic
shall standby until the way is safe and clear before
starting.
(6) All drop-offs shall be done parallel to the
shoreline; the ski boat shall not "hook," instead it
shall remain parallel to the shoreline; once the
skier drops-off, the ski boat shall stop, draw in the
towline and when safe, make a small coun-
terclockwise turn back to the desired beach loca-
tion.
(7) The red ski flag must be clearly visible one
hundred yards before drop-off and shall be con-
tinually visible until the towline is on board and
the skier reaches safety or is on board the ski boat.
(8) The maximum number of towlines used
behind any one vessel shall be two; the max-
imum number of skiers behind any one vessel
shall be two.
(9) When towing two skiers and one skier
falls, the second skier shall let go of the towline
and the red ski flag must be displayed; the ski
boat shall then follow established procedure and
safety precautions for skier pick-up and take-off
procedures.
(10) Towing of any object or acquatic device
(excluding water skis) is subject to approval by
the city, in advance and when approved, such use
shall comply with the requirements of this sec-
tion.
(11) No boat shall pull into the beach with ski
line dragging behind.
(12) Boat and other water vehicle racing is
prohibited unless approved in accordance with
Section 11.24.105. (Ord. 3222 § 1 (part), 1987)
11.24.120 Vessels to stay outside boat
corridor.
When buoys are placed out from the shoreline
to establish boat corridors it is unlawful to travel
on the shore side of such buoys except for pur-
poses of transit from one area to another at
speeds not to exceed five miles per hour. Bristol
Cove powerboats may transit across the north
shoreline boat corridor to reach the powerboat
area: vessels inside the boat corridor have right-
of-way over passing through vessels. No towing
of any aquatic device or person is allowed
between the buoys and the shoreline. No water
ski take-off or drop-off is permitted in the boat
corridor, between the buoys and the shoreline.
(Ord. 3222 § 1 (part), 1987)
11.24.125 City's liability—Use of areas at
own risk.
The city declares its purpose in adopting this
chapter is the safe conduct among the users of the
Agua Hedionda Lagoon. The city council does
not expand its liability, if any, for accidents or
injuries sustained by the public user of such
acquatic areas. Any person utilizing aquatic
areas does so at their own risk. (Ord. 3222 § 1
(part), 1987)
11.24.130 Compliance with orders.
It is unlawful for any person to refuse to follow
or comply with the rules of the road adopted
pursuant to Section 11.24.135 or with any lawful
sign, order, warning signals or other lawful direc-
tion of the lagoon patrol or a lifeguard except for
the purpose of making a rescue, 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 this
chapter. (Ord. 3222 § 1 (part). 1987)
11.24.135 Rules of the road.
The city council may by resolution establish
rules of the road for Agua Hedionda Lagoon
including, but not limited to. regulations for
water ski take-off and drop-off areas and access
to the middle and inner lagoon water. All users of
the lagoon shall comply with these rules. (Ord.
3222 § I (part), 1987)
(Carlibad 3-881 340 59
11.24.140
11.24.140 Constitutionality or invalidity.
If any section, subjection, sentence, clause or
phrase of this chapter is for any reason held to be
invalid or unconstitutional, such invalidity or
unconstitutionally shall not affect the validity or
constitutionality of the remaining sections, and
each section, subsection, sentence, clause and
phrase hereof would have been prepared, pro-
posed, adopted, approved and ratified irrespec-
tive of the fact that any one or more sections,
subsections, sentences, clauses or phrases be
declared invalid or unconstitutional. (Ord. 3222
§ 1 (part), 1987)
341 60 (Carlsbad 3-881
PROPOSED CHANGES TO CARLSBAD MUNICIPAL CODE CHAPTER 11.24
NOTE: The term Jet-Ski has been changed to personal watercraft
throughout the entire code. These changes are reflected in the
"Proposed " sections of each code.
11.24.005 APPLICATION
current
The provisions of sections 11.24.010 through 11.24.140 apply to
Agua Hedionda Lagoon. (Ord. 3222 l(part),1987)
Proposed
Remain unchanged.
11.24.010 DEFINITIONS.
Current
For the purposes of this chapter the definitions outlined in the
State Harbors and Navigation Code, Vehicle Code and California
Administrative Code shall apply. (Ord. 3222 1 (part),1987)
Proposed
Remain unchanged.
11.24.015 Special use area - Agua Hedionda Lagoon.
Current
The entire Agua Hedionda Lagoon, consisting of three sections known
as outer lagoon, inner lagoon and middle lagoon are declared to be
a special use area and under the provisions of the California
Harbors and Navigation Code Section 660. Use of the lagoon is
subject to the provisions of this chapter and any regulations
adopted by the city council. (Ord 3222 1(part),1987)
Proposed
Remain unchanged.
Page 1
EXHIBIT 2
11»24.020 Laaoon use permits.
Current
It is unlawful to operate any type of vessel on the water without
first obtaining an annual or temporary lagoon use permit issued by
the city's parks and recreation department or a daily lagoon use
permit issued by Snug Harbor Marina office. The vessel operator
shall display the city's annual permit decal in the specified
location at all times or possess, and show upon request, a valid
temporary lagoon use permit. The following requirements shall be
met to obtain a lagoon use permit:
(1)Permit application and hold harmless indemnity agreement shall
be filled out and signed by a responsible adult;
(2)The current permit fee as established by the city council by
resolution must be paid;
(3)The fee is nonrefundable and non-transferable;
(4)Annual permit fee is based on the calendar year, January 1st
through December 31st and shall be half-price when purchased
anytime between October 15th and December 31st;
(5)Annual permit fee for boardsails and other passive vessels
eight feet or less, shall be one-half the established annual fee.
An additional boardsail permit decal may be purchased for an
owner's personal use at an annual fee as established by the city
council by resolution;
(6) One daily permit fee may be credited toward the full purchase
of an annual permit, by submitting the daily fee receipt with an
annual permit application, any time prior to October 15;
(7) Replacement decal fee shall be set by the city council by
resolution;
(8) Repealed by Ord. NS-17
(9) Those vessels that are required by Department of Motor
Vehicles to obtain vessel registration shall provide a copy of
valid vessel registration;
(10) Lagoon use permits are not required for dredging, research,
patrolling or maintenance by San Diego Gas and Electric Company and
their designees. (Ord. NS-68 10, 1989; Ord. NS-17, l988;Ord. 3222
1 (part),1987)
Proposed.
Remain unchanged.
Page 2
62
11.24.025 VESSEL SPEED LIMITS
Current
It is unlawful to operate a vessel at speeds in excess of five
miles per hour in any of the following situations:
(1) Within one hundred feet of any person in the act of bathing;
(2) Within two hundred feet of any swimming float, diving platform,
life line, dock, pier or landing float;
(3) Within a boat corridor. (Ord.3222 l(part),1987)
Proposed
Repeal.
*Staff recommends this section be repealed because California
Harbors and Navigation Code 655.2 addresses the same criteria as
CMC 11.24.025 with the exception of boat corridors (which CMC
11.24.120 does).
11.24.030 MAXIMUM VESSEL SPEED LIMIT
Current
It is unlawful to operate a vessel 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.(Ord. 3222 l(part),1987)
Proposed
Remain unchanged.
Page 3
- 63
11.24.035 OPERATION OF VESSELS AT NIGHT
Current
Between the half hour before sunset and one half hour after sunrise
the following day, no person shall operate a vessel at speeds in
excess of five miles per hour. (Ord 3222 1 (part),1987)
Proposed
Between sunset and sunrise the following day, no person shall
operate a vessel at speeds in excess of five miles per hour.
*This change would make our rules consistent with state law. State
law prohibits water skiing or similar activity between sunset and
sunrise the next morning.
11.24.040 MIDDLE LAGOON
Current
The middle lagoon, including the water area between Interstate 5
and the railroad tracks, is for use by passive vessels. It is
unlawful to operate a powered vessel, including jet skis or similar
device at any time on the middle lagoon except by safety personnel,
maintenance or research personnel with authorization by the parks
and recreation director or his/her representative. (Ord. 3222 1
(part), 1987)
Proposed
The middle lagoon, including the water area between Interstate 5
and the railroad tracks, is for use by passive vessels. It is
unlawful to operate any passive vessel at any time on the middle
lagoon without authorization by San Diego Gas and Electric Company
or their representative. It is unlawful to operate any passive or
powered vessel, or personal watercraft at any time on the middle
lagoon except by safety personnel, or maintenance or research
personnel with authorization by San Diego Gas and Electric Company
or their representative.
*These changes are being proposed because the city is going to be
getting out of the lease for the middle lagoon.
Page 4
64
11.24.045 OUTER LAGOON
Current
The outer lagoon, including the water area between Carlsbad
Boulevard and the railroad tracks, is limited to use by San Diego
Gas and Electric Company and those activities specifically approved
by San Diego Gas and Electric Company including marine research
and fishing from the west shoreline in posted areas. It is
unlawful to operate any power or passive vessel in the outer lagoon
without written approval by San Diego Gas and Electric Company
except for the purpose of making a rescue or conducting safety
service operations including search and recovery. Lagoon use
permits cannot be issued by the city for use of the outer lagoon.
(Ord. 3222 1(part),1987)
Proposed
Remain unchanged.
11.24.050 INNER LAGOON
Current
The inner lagoon, including all water areas east of Interstate 5
shall be subject to the following regulations all year round:
(1) Separate areas are established for use by powerboats, jet
skis, and passive vessels, with boat corridors adjacent to the
shorelines for transit to and from these separate areas;
(2) Jet skis and similar devices shall be limited to use in Snug
Harbor, between the north side of the sandbar and the boat
corridors along the north, east and west shorelines.
(3) Powerboats shall be limited to use in the middle area of the
inner lagoon, between the south side of the sandbar, the north
shoreline boat corridors and the passive use area; powerboats shall
maintain a counterclockwise traffic pattern when in the power
vessel area;
(4) Passive vessels and boardsails shall be limited to use in the
eastern end of the inner lagoon, within the passive use area. (Ord.
3222 l(part),1987)
Page 5
- 65
Proposed
The inner lagoon, including all water areas east of Interstate 5
shall be subject to the following regulations all year round:
(1) Separate areas are established for use by powerboats,
personal watercraft, and passive vessels, with boat corridors
adjacent to the shorelines for transit to and from these separate
areas;
(2) Personal watercraft shall be limited to use in Snug Harbor,
between the north side of the sandbar and the boat corridors along
the north, east and west shorelines. Personal watercraft will
maintain a counterclockwise pattern when in their area. For the
purpose of the Agua Hedionda Lagoon, the definition of a personal
watercraft is:A class A Vessel (under 16') which:
a) Has an inboard motor which uses an internal combustion engine
powering a water jet pump as it's primary source of motive
propulsion;
b)ls designed with the concept that the operator and passenger ride
on the outside surfaces of the vessel as opposed to riding inside
the vessel;
c)Has the probability that the operator and passenger may, in the
normal course of use, fall overboard;
d)Is designed with no open load carrying area which would retain
water; 6
e)ls rated for a maximum of two passengers.
A person may not operate nor give permission to operate a personal
watercraft for the purpose of towing a person on waterskis,
aquaplane or similar device.
(3) Powerboats shall be limited to use in the middle area of the
inner lagoon, between the south side of the sandbar, the north
shoreline boat corridors and the passive use area; powerboats shall
maintain a counterclockwise traffic pattern when in the power
vessel area;
(4) Passive vessels and boardsails shall be limited to use in the
eastern end of the inner lagoon, within the passive use area.
*Both the requirement to operate a personal watercraft in a
counterclockwise traffic pattern, and the definition of a personal
watercraft were added per the city Attorney's request(memos dated
8/3/93 & 9/22/93) .
Page 6
~ 66
11.24.055 FISHING
Current
Fishing from the shoreline or from a passive vessel shall be
limited to the passive use area; fishing from a power vessel shall
be limited to the powerboat area. It is unlawful to cast fishing
lines into any boat corridor or in the traffic pattern of water ski
boats and skiers.(Ord. 3222 l(part),1987)
Proposed
Remain unchanged.
11*24.060 PUBLIC ACCESS
CURRENT
All public accesses are subject to the following year-round
regulations:
(1) Open for walk-in traffic only, from sunrise to sunset; it is
unlawful to drive a motorized vehicle on a public access when
posted for walk-in traffic only;
(2) Passive vehicles with a valid city permit may be launched at
any public access;
(3) It is unlawful to launch a motorized vessel from any public
access. (Ord. 3222 l(part),1987)
PROPOSED
All public accesses are subject to the following year-round
regulations:
(1) Open for walk-in traffic only, from sunrise to sunset; it is
unlawful to drive a motorized vehicle on a public access when
posted for walk-in traffic only;
(2) Passive vessels with a valid city permit may be launched at
any public access;
(3) It is unlawful to launch a motorized vessel from any public
access. (Ord. 3222 l(part),1987)
*The word vehicle was incorrectly used in (2). Staff is only
correcting that error.
Page 7
67
11.24.065 PRIVATE LAUNCH RAMP
Current
Snug Harbor Marina is a privately owned and operated launch ramp.
Vessels launched from Snug Harbor shall be subject to the following
regulations and procedures on, all year-round:
(1) Powerboats (excluding jet skis) and passive vessels shall
transit through Snug Harbor Marina area within the west and east
boat corridors at a speed not to exceed five miles per hour.
(2) The west boat corridor is limited to traffic heading
southeast to transit from the marina to the powerboat area or the
passive use area.
(3) The east boat lane is limited to traffic heading northwest
returning to the marina and to Bristol Cove jet skis and passive
vessels going to and from the designated use areas. (Ord. 3222 1
(part),1987)
Proposed
Snug Harbor Marina is a privately owned and operated launch ramp.
Vessels launched from Snug Harbor shall be subject to the following
regulations and procedures, e* all year-round:
(1) Powerboats (excluding personal watercraft) and passive
vessels shall transit through Snug Harbor Marina area within the
west and east boat corridors at a speed not to exceed five miles
per hour.
(2) The west boat corridor is limited to traffic heading
southeast to transit from the marina to the powerboat area, or the
Pasoivo—uoc—area *-~— — *~— -VW*
(3) The east boat lane is limited to traffic heading northwest
returning to the marina and to Bristol Cove personal watercraft and
passive vessels going to and from the designated use areas (Ord.
3222 1 (part), 1987)
*The only changes were to remove an incorrect word (other than the
generic replacement of the term jet-ski), and eliminate the end of
#2, which is incorrect (if left unchanged, passive vessels would be
traveling through the powerboat area).
Page 8
68
11.24.070 BRISTOL COVE
Current
Bristol Cove is a private residential cove restricted to use by
owners and tenants. It is unlawful for any vessel to launch to
Bristol Cove or to enter the cove from the lagoon unless the vessel
owner has been issued both the Bristol Cove Property Owner's
Association use permit and the city's annual lagoon use permit.
Bristol Cove vessels shall comply with this chapter and shall
follow the established transit corridors from the cove to the
appropriate use areas. (Ord. 3222 l(part),1987)
Proposed
Remain unchanged.
11.24.075 MAXIMUM NUMBER OF VESSELS ON THE WATER
Current
The maximum number of passive and power vessels (excluding jet
skis) using the water in their designated use areas at any one time
shall not exceed thirty vessels per area. The maximum number of jet
skis using the jet ski area at any one time shall not exceed
twelve. The maximum number of boardsails using the passive use area
at any one time shall not exceed twenty. (Ord. 3222 1 (part), 1987)
Proposed
The maximum number of passive and power vessels (excluding personal
watercraft) using the water in their designated use areas at any
one time shall not exceed thirty vessels per area. The maximum
number of personal watercraft using the personal watercraft area at
any one time shall not exceed twelve. The maximum number of
boardsails using the passive use area at any one time shall not
exceed twenty. (Ord. 3222 1 (part), 1987)
Page 9
69
11.24.080 MAXIMUM VESSEL LENGTH
Current
The maximum vessel length allowed in the inner lagoon, excluding
rescue, research and maintenance vessels, shall be twenty-one feet
or less for power vessels and eighteen feet or less for passive
vessels. (Ord. 3222 1(part),1987)
Proposed
Remain unchanged.
11.24.085 PROHIBITED USES
Current
The city reserves the right to limit the type of vessels and
aquatic uses of the lagoon. The following types of vessels or uses
are not allowed on the lagoon:
(1) Parasails;
(2) Hovercraft;
(3) Paddleboats;
(4) High-profile cabin cruisers;
(5) Boardsails without windowed sails;
(6) No aircraft shall land on or take off from the water or
public shoreline and public accesses;
(7) No aquatic vessel racing is allowed except as authorized by
city council in accordance with section 11.24.105;
(8) No mooring a vessel except in an area so designated;
(9) This section is not intended to apply to San Diego Gas and
Electric Company's activities in the outer lagoon. The city does
not intend to regulate maintenance, dredging, research, patrol,
utility and other vessels authorized by San Diego Gas and Electric
Company for uses in the outer lagoon. (Ord. 3222 1 (part), 1987)
Page 10
... 70
Proposed
The city reserves the right to limit the type of vessels and
aquatic uses of the lagoon. The following types of vessels or uses
are not allowed on the lagoon:
(1) Parasails;
(2) Hovercraft;
(3) High-profile cabin cruisers;
(4) Motorized Surfboard-Like Vessels;
(5) No aircraft shall land on or take off from the water or
public shoreline and public accesses;
(6) No aquatic vessel racing is allowed except as authorized by
city council in accordance with section 11.24.105;
(7) No mooring a vessel except in an area so designated;
(8) This section is not intended to apply to San Diego Gas and
Electric Company, the State, County, City, or other political
subdivision of the State in the outer, middle, or inner lagoon. The
city does not intend to regulate maintenance, dredging, research,
patrol, utility and other vessels authorized by San Diego Gas and
Electric Company for uses in the outer or middle lagoon. (Ord. 3222
1 (part), 1987)
*Staff eliminated Peddleboats from the prohibited uses list because
at the time they were made unlawful to use on the lagoon there was
not a designated passive use area. Now there is. They
(peddleboats) do not pose a hazard to any other passive users.
*Staff deleted boardsails without windowed sails because there are
very few still in use, and they are not a hazard to themselves or
any other passive users.
*By adding "Motorized Surfboard-Like Type Vessels" to the list of
prohibited uses, we will be eliminating the risk of an unsafe type
of personal watercraft being used on the lagoon, thus reducing the
City's liability.(Reducing risk of exposure)
11.24.090 EXCESSIVE ENGINE NOISE PROHIBITED
Current
It is unlawful to operate a power vessel unless it is properly
muffled at all times and shall not exceed the sound levels
established by the state. Muffling systems shall be in operation
at all times and excessive engine acceleration while the boat is
not in gear is prohibited. (Ord. 3222 l(part),1987)
Page 11
- 71
Proposed
Repeal.
*Harbors and Navigation code 654 is the same thing. CMC 11.24.090
refers to the criteria in H&N 654.05 (H&N 654 is the citeable
offense and 654.05 establishes the criteria). The question is, why
have a local ordinance when a state law, covering the same subject,
is in effect?
11.24.095 AREAS FOR SWIMMING OR WADING
Current
No swimming or wading from shore shall be permitted in the inner
lagoon or outer lagoon except as authorized by San Diego Gas and
Electric Company in outer lagoon. (Ord.3222 1(part),1987
Proposed
Remain unchanged.
11.24.100 THROWING WASTE OR REFUSE IN WATER OR ON PUBLIC ACCESS OR
SHORELINE
Current
It is unlawful to place waste or refuse of any kind in the water,
on the shoreline, or public access except in designated waste or
refuse containers. (Ord. 3222 l(part),1987)
Proposed
Remain unchanged.
Page 12
72
11.24.105 AQUATIC SPECIAL EVENTS
Current
Boat races, ski meets, boat parades, or other aquatic special
events on the water shall be held only by the specific
authorization of the city council. Such authorization shall be by
the city council for each meet, race or special event authorized.
The city council in approving such event may impose conditions and
establish special regulation as the council deems necessary. (Ord.
3222 l(part),1987)
Proposed
Remain unchanged.
11.24.110 WATER SKIING SLALOM COURSE
CURRENT
The privately owned and maintained water skiing course may remain
in Agua Hedionda Lagoon subject to removal when directed by the
city council. As presently located, parallel to the southeastern
shoreline within both the powerboat area and passive use area, the
course shall be used only when there are no passive vessels on the
water in the passive use area. (Ord. 3222 1 (part), 1987)
Page 13
73
PROPOSED
The privately owned and maintained slalom course, open for use by
the public, may remain in Agua Hedionda Lagoon subject to removal
when directed by the city council. As presently located, parallel
to the southeastern shoreline within both the powerboat area and
passive use area, the course may be used in two directions between
the hours of sunrise to 9:00am daily, and after 9:00am the course
shall be used in one direction only. If after 9:00am there are
passive vessels in the passive use area, the course will be
considered closed, and unlawful to use. Each run made through the
course, when it is closed, shall constitute a new and separate
offense. Between the hours of sunrise and 9:00am daily, ski boats
and skiers shall comply with the following procedures:
(l)When approaching the slalom course, wait until the course is
clear of all boats and skiers before going to the starting area.
(2)Only one boat at a time may use the course. Other boats
wishing to use the course will sit at a safe distance at the west
end of the designated slalom course area. A skier may take a
maximum of four passes through the course and upon completion of a
skiers turn the skier must be dropped off, and the boat may not
travel further west than the westernmost boundary of the designated
slalom course area. At that time the next boat in line may idle to
the starting area and begin pulling their skier. The boat
completing it's passes should, at that time, retrieve it's skier
and idle to the waiting area for their next turn. For the purposes
of this chapter the definition of a pass shall be one round trip
through the course.
(3) If your skier falls during a pass, the boat must stop before
returning to pick up the skier. Each skier is allowed two falls per
run. A failed attempt to get up is to be considered a fall.
(4)It is unlawful to pull double skiers within the boundaries of
the designated slalom course area.
(5)After 9:00am daily, the slalom course may be used in one
direction only, provided there are no passive users in the passive
use area, vessels shall travel from west to east, then hook north
and exit the passive use area between the second and third buoys
from the north shoreline. The vessel exiting the passive use area
shall give way to any vessel in the powerboat area, and maintain
the counterclockwise pattern before reentering the slalom course.
(6)The City reserves the right to terminate use of the slalom
course by any vessel or skier at any time based on safety and
liability concerns.
(7)In the event of any dispute or question as to what constitutes
a 'safety or liability concern1, the decision of the City shall be
binding and conclusive.
Page 14
74
11.24.115 SKI BOATS AMD SKIERS
Current
Ski boats and skiers shall comply with the following rules and
procedures:
(1) Ski boats shall maintain a counterclockwise pattern in the
powerboat area.
(2) No ski boat shall enter the pattern at more than a forty-five
degree angle.
(3) Following a boat towing a skier too closely is prohibited; no
ski boat shall overtake or follow in the wake of another boat that
is towing skiers or any aquatic device.
(4) Water skiers will start from deep water, south of the
sandbar, or from the south beach shoreline; no takeoff or drop-off
allowed in Snug Harbor Marina at any time.
(5) Incoming and continuing traffic have the right-of-way over
takeoff traffic; Takeoff traffic shall standby until the way is
safe and clear before starting.
(6) All drop-offs shall be done parallel to the shoreline; the
ski boat shall not "hook", instead it shall remain parallel to the
shoreline; once the skier drops-off, the ski boat shall stop, draw
in the towline and when safe, make a small counterclockwise turn
back to the desired beach location.
(7) The red ski flag must be clearly visible one hundred yards
before drop-off and shall be continually visible until the towline
is on board and the skier reaches safety or is on board the ski
boat.
(8) The maximum number of towlines used behind any one vessel
shall be two; the maximum number of skiers behind any one vessel
shall be two.
(9) When towing two skiers and one skier falls, the second skier
shall let go of the towline and the red ski flag must be displayed;
the ski boat shall then follow established procedure and safety
precautions for skier pick-up and takeoff procedures.
(10) Towing of any object or aquatic device (excluding water
skis) is subject to approval by the city, in advance and when
approved, such use shall comply with the requirements of this
section.
(11) No boat shall pull into the beach with ski line dragging
behind.
(12) Boat and other water vehicle racing is prohibited unless
approved in accordance with Section 11.24.105.(Ord. 3222
l(part),1987)
Page 15
75
Proposed
Ski boats and skiers shall comply with the following rules and
procedures:
(1) Ski boats shall maintain a counterclockwise pattern in the
powerboat area.
(2) No ski boat shall enter the pattern at more than a forty-five
degree angle.
(3) Following a boat towing a skier too closely is prohibited; no
ski boat shall overtake or follow in the wake of another boat that
is towing skiers or any aquatic device.
(4) Water skiers will start from deep water, south of the
sandbar, or from the south beach shoreline; no takeoff or drop-off
allowed in Snug Harbor Marina at any time.
(5) Incoming and continuing traffic have the right-of-way over
takeoff traffic; Takeoff traffic shall standby until the way is
safe and clear before starting.
(6) All drop-offs shall be done parallel to the shoreline; the
ski boat shall not "hook", instead it shall remain parallel to the
shoreline; once the skier drops-off, the ski boat shall stop, draw
in the towline and when safe, make a small wakeless
counterclockwise turn back to the desired beach location.
(7) The red ski flag must be clearly visible one hundred yards
before drop-off and shall be continually visible until the towline
is on board and the skier reaches safety or is on board the ski
boat.
(8) The maximum number of towlines used behind any one vessel
shall be two; the maximum number of skiers behind any one vessel
shall be two.
(9) When towing two skiers and one skier falls, the second skier
shall let go of the towline and the red ski flag must be displayed;
the ski boat shall then follow established procedure and safety
precautions for skier pick-up and takeoff procedures.
(10) Towing of any object or aquatic device (excluding water
skis) is subject to approval by the city, in advance and when
approved, such use shall comply with the requirements of this
section.
(11) No boat shall pull into the beach with ski line dragging
behind.
(12) Boat and other water vehicle racing is prohibited unless
approved in accordance with Section 11.24.105.
*The word wakeless was added due to safety concerns expressed by
staff.
Page 16
76
11.24.120 VESSELS TO STAY OUT OF BOAT CORRIDOR
Current
When buoys are placed out from the shoreline to establish boat
corridors it is unlawful to travel on the shore side of such buoys
except for the purpose of transit from one area to another at
speeds not to exceed five miles per hour. Bristol Cove powerboats
may transit across the north shoreline boat corridor to reach the
powerboat area; vessels inside the boat corridor have the right-of-
way over passing through vessels. No towing of any aquatic device
or person is allowed between the buoys and the shoreline. No water
ski takeoff is permitted in the boat corridor, between the buoys
and the shoreline. (Ord. 3222 1(part),1987)
Proposed
Remain unchanged.
11.24.125 CITY'S LIABILITY-USE OF AREAS AT OWN RISK
Current
The city declares its purpose in adopting this chapter is safe
conduct among the users of the Agua Hedionda Lagoon. The city
council does not expand it's liability, if any, for accidents or
injuries sustained by the public user of such aquatic areas. Any
person utilizing aquatic areas does so at their own risk. (Ord.
3222 1(part),1987)
Proposed
Remain Unchanged,
Page 17
77
11.24.130 COMPLIANCE WITH ORDERS
Current
It is unlawful for any person to refuse to follow or comply with
the rules of the road adopted pursuant to Section 11.24.135 or with
any lawful sign, order, warning signals or other lawful direction
of the lagoon patrol or a lifeguard except for the purpose of
making a rescue, 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 this chapter.(Ord. 3222
l(part),1987)
Proposed
Remain unchanged,
11.24.135 RULES OF THE ROAD
Current
The city council may by resolution establish rules of the road for
Agua Hedionda Lagoon including, but not limited to, regulations for
water ski takeoff and drop-off areas and access to the middle and
inner lagoon water. All users of the lagoon shall comply with these
rules. (Ord. 3222 l(part),1987)
Proposed
Remain the same.
Page 18
78
11.24.140 CONSTITUTIONALITY OR INVALIDITY
Current
If any section, subjection, sentence, clause or phrase of this
chapter is for any reason held to be invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining sections, 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. (Ord.3222 l(part),1987)
Proposed
Remain unchanged.
04/94 JBcmcchartS Page 19
79
October 10, 1993
Mr. Ken Price
City of Carlsbad
Parks and Recreation Department
1200 Carlsbad Village Drive
Carlsbad, CA 92008
SUBJECT: Agua Hedionda Lagoon Slalom Course Usage
Dear Mr. Price:
During our telephone conversation on Thursday, October 7, 1993, we discussed the recent
problems that have occurred regarding use of the slalom course on Agua Hedionda Lagoon. In
my opinion, the rules for lagoon usage that were established approximately 5 to 6 years ago were
adequate to address lagoon usage issues until recently. In the following paragraphs, I will
summarize my understanding of the usage problems and offer what I believe is a viable solution
to those problems.
One of the recent problems involves slalom course use when there are passive vessels in the area
east of the 5 mile per hour buoys. This potential conflict between passive vessel use and users
of the slalom course was established approximately 5 to 6 years ago when the previous
Recreation Superintendent recommended to the City Council a plan that established sharing of
the eastern portion of the lagoon by the passive vessels and the slalom course users. At that time
this proposed sharing seemed like an equitable solution, because the primary passive vessel users
were wind surfers and when the wind was up for wind surfing, the slalom skiers would not be
using the course area. This solution no longer appears to be viable for several reasons. First,
the primary users of the passive use area are now paddle boats that do not depend on wind for
their use. This results in an inherent conflict between use of the slalom course and passive users,
because the current passive users may want to use the area when it is not windy during prime
hours for slalom course use. In addition, since the use regulations were established, the slalom
course has significantly gained in popularity, creating a greater demand for its use.
In addition to potential conflicts between passive vessel use and slalom course use of the eastern
portion of the lagoon, some other power boats, not using the course, have been allowed to enter
the eastern portion of the lagoon on the south shore and exit the area on the north shore. This
use of the eastern portion of the lagoon is supposedly permitted when no passive vessels are
using the area. This use of the eastern area by power boats not using the course is a potential
danger to passive vessel users and in addition is detrimental to the use of the slalom course.
EXHIBIT 3
Mr. Price
Page 2
A potential conflict also exists between power-boarusers of the middle one-third of the lagoon
and use of the slalom course. This conflict is due to the fact that boats exiting the course and
heading westbound to the turnaround beach are heading toward oncoming boats travelling in a
counterclockwise direction. This potential conflict can be easily resolved by adjusting the 5 mile
per hour buoys to include the area along the south shore, up to the turnaround beach, within the
eastern portion of the lagoon. Thus, power boat traffic travelling in a counterclockwise direction
would be directed away from the area where the power boats using the slalom course need to
turnaround to head back to the course.
It is important to understand a few basics about use of the slalom course in trying to determine
the most effective placement of the course. First, the course must be placed in a location where
it can be run in both directions and not conflict with other power boat traffic under all tide
conditions. Currently, because of recent sedimentation due to extensive erosion on the south
shore of the lagoon, the course can only be used at medium to high tide. One solution that has
been suggested by lagoon patrol employees is that the course could be run in the eastern direction
only, with boats exiting the course at the eastern end and continuing in a counterclockwise
pattern along the north shore of the lagoon. From a slalom course users standpoint, this makes
no sense, because the skier is simply faced with the problem of skiing in his or her own boat
rollers. Rough water and slalom course skiing do not go together. Thus, it is equally important
to exclude other power boat users from running parallel with the course, because this also results
in rough water for the course users.
My proposed solution to the problems with the current use of the lagoon follow. First, I believe
that the south half of the eastern portion of the lagoon should be exclusively dedicated to slalom
course use. In addition, the course area should be extended to the turnaround beach,. This new
configuration is shown on the enclosed figure. This reconfiguration would eliminate potential
conflicts between power boats and passive vessels by separating the passive use and slalom
course uses and by completely excluding all power boats from the passive use area. This
solution would also allow the course to be run hi both directions at any tide and would eliminate
potential conflicts between power boats using the middle portion of the lagoon and power boats
using the slalom course.
Thank you in advance for your consideration of my proposal to resolve existing conflicts between
the various lagoon user groups. I understand that we will be meeting on Thursday, October 21,
1993, to further discuss lagoon issues. If you have any questions about my proposal prior to that
meeting, please contact me at 729-0294.
Sincerely,
^-^
Keith Mahler
<£'
81
Carlsbad Parks and Recreation Department
Agua Hedionda Lagoon Division
DESIGNATED SLALOM COURSE SURVEY
1. Name (Print) . :
2. Are you in favor of haying a designated slalom course area? Yes No
Why/Why Not?
. 3. What impact do you think it would have?
4. Would having a designated slalom area provide a safer environment for those
using the lagoon? Yes No
Why/Why Not? '
5. What type of permit do you currently have?
Passive Powerboat Personal Watercraft
6. How many times per week do you use the lagoon?
Under 2 times/wk 3/4 times/wk More than 5 times/wk.
7. During which season(s) do you use the lagoon? •
Spring Summer Fall Winter
8. What is your primary use of the lagoon?
Jet Skiing Wind Surfing Slalom Course
Sailing Row Boat Free Skiing
9. Did you realize that the existing slalom course is privately owned?
Yes No
10. If there was a designated slalom course area would you want to use it?
Yes No
Additional comments or suggestions:
Please use additional pages if necessan 82 EXHIBIT 4
Survey due March 4, 1994.
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Citv of Carlsbad
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May 2, 1994
Agua Hedionda Lagoon Perniit Holder:
I would like to take this opportunity to thank everyone who participated in the slalom course
survey. Your input was extremely valuable in reviewing the proposal for the designated slalom
course. Enclosed is a summary of the survey which gives you an indication of what type of
feedback we received.
Staff spent a considerable amount of time reviewing your comments, analyzing daily lagoon
vessel activity logs for the past several years as well as setting up different scenarios on the
water. In doing so, safety was our number one concern. We tried to be objective and, at the
same time, be cognizant of everyone's needs and use areas. Taking into consideration these
concerns, we then identified the following alternatives:
1. Establish a new designated slalom course area.
2. Keep current location of slalom course with no changes in rules.
3. Allow minor relocation of course (west approximately 50 feet) and allow two-way
use with a time restriction.
4. Move slalom course to middle of power boat area.
5. Eliminate slalom course.
After analyzing all of these alternatives, the City cannot support establishing a designated slalom
course as was proposed. Staff feels that relocating the course as requested, would have a
significant impact on the south beach, power boat & passive use areas and would have a
potential fiscal impact on our department. Staff can support Alternative #3 with the following
conditions: 1). Have a time restriction from sunrise to 9:00 am daily, 2). Allow existing course to be
moved 50 feet west, 3). Allow public to use private course, and 4). That the City reserves the
right to terminate use of the slalom course by any vessel or skier at any time based on safety
and liability concerns.
In selecting this alternative, staff feels it will not impact the public from entering and/or exiting the
south beach safely and have little or no impact on the other use areas.
This item and other issues which are related to the Agua Hedionda Lagoon Ordinance are being
reviewed by the City Attorney and will be presented to the Parks and Recreation Commission on
Monday, May 16, 1994. The meeting will be held at 5:00 pm at the Carlsbad City Council
Chambers, 1200 Carlsbad Village Drive. The public is welcome to attend and give input
regarding the proposal. We encourage yo'ur participation.~
KEN PRICE
Recreation Superintendent
Attachment
c: Community Services Director
84 EXHIBIT 5
3096 Harding Street • Carlsbad, California 92OQ8-2
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89
Citv of Carlsbad
Parks & Recreation Department
May 10, 1994
Agua Hedionda Lagoon Permit Holders:
This letter is intended to clarify staff's position regarding the proposed
slalom course. As specified in my May 2nd letter, staff can support a minor
relocation (50 feet) of the slalom course with a time restriction of 2-way use
from sunrise to 9:00 a.m. daily. It was not mentioned how far west the
boats using the course would be able to travel and what would occur after
the 9:00 a.m. deadline.
Staff is proposing that the area for the slalom course would extend no more
than 550 feet west and 100 feet north from the starting gate. After 9:00
a.m. the entire course area reverts back to unrestricted power boat or
passive vessel use and complete beach access. After 9:00 a.m. the course
may be used in one direction, only if there are no passive vessels in the
passive use area.
KEN PRICE
Recreation Superintendent
KP:jm
Attachment
90
12OO Carlsbad Village Drive • Carlsbad, California 92OO8-EXHIBIT 6
91
MPY 10 '94 0i:2£PM HUNCHBflCK PROD P. 2
May 9, 1994
Dear Mr. Price,
As I cannot attend the meeting of the slalom course on May 16th, I hope you will take the
time to consider my view and relate it to the necessary board.
I believe the slalom course should have no changes. My reasons are listed below:
1) Extending the course an additional SO feet really means 100 feet so they can
have a turn around area. I don't believe this is fair to those of us who dont intend to use
it. We are paying our share of the dues and taxes as well as the slalom people. When we
decided to move here it was with the understanding we had a nice size lagoon for skiing.
By taking 100 feet this takes a lot away from the high part of the lagoon.
2) The slalom course that is presently exiting should be for public use as the
lagoon belongs to all who have access to it.
3) Giving designated hours of sunrise to 9:00 gives the slalom skiers the best
hours to ski,
I hope yur survey of which hours are most used in the lagoon was taken during the
summer months and on the weekend.
Last summer we had a problem with the people on the slalom course and I don't believe
that they are very courteous sportsmen.
Mr. Price, I hope that you will relay my feelings on to the necessary persons,. Thank you
for your consideration.
Sincerely,
Joanne Figliuzzi
4747 Marina Ave
Carlsbad, California 92008
92 EXHIBIT 7