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HomeMy WebLinkAbout1994-07-18; City Council; 794-4; Revision of Agua Hedionda Lagoon ordinancePARKS & RECREATION COMMISSION - AGENDA BILL DEPT. 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: At the May Parks and Recreation Commission meeting, staff proposed changes to the Agua Hedionda Lagoon Ordinance Chapter 11.24. After considerable public comment regarding the ordinance, the commission directed staff to analyze this information in more detail and obtain the necessary approvals from the California Department Boating and Waterways (CDBW) and the City Attorney's office prior to returning for their endorsement. Written documentation was sent to the commission by San Diego Gas & Electric (SDG&E) and the Carlsbad Boat Club suggesting changes to the ordinance. These changes are identified along with staff's recommended action for each item on the attached Exhibit 1. The commission also received public input regarding Section 11.24.110 "Water Skiing Slalom Course." After considerable discussion, staff was requested to bring back additional information and clarification regarding the different slalom course proposals, identify the exact layout and location of the course as it relates to the beach and existing regulatory buoys. The Bristol Cove Boat and Ski Club submitted a proposal to the City requesting that the slalom course rules and location be changed because the existing rules did not adequately meet their needs for slalom skiing. It was their belief the peak use periods and number of passive vessels versus slalom skiing use have changed over the past few years and that the current operation should be subject to revision. Staff was unable to support their request and in May proposed an alternative to the commission (Exhibit 2). Relocating the course as requested would have had a significant impact on: 1) the powerboat and passive use areas, 2) limiting the south beach access , 3) increasing the City's liability exposure and therefore the safety of those using the lagoon. Taking into consideration comments received during the May Parks and Recreation Commission meeting, staff again proceeded to reevaluate Bristol Cove Boat & Ski Club's request. Staff continues to support a designated slalom course area, however, several changes have been made from our original position during the May Commission meeting (Exhibit 2). These changes include: 1) modification of the time restriction for seasonal use of the slalom course, 2) eliminating the one-way use pattern, 3) establishing access to south beach. Staff's recommendation is as follows: O< 1. Modificarion-of Time Restriction 2 Staff has realistically looked at the pattern of boating activity and does not see a significant difference between 9:00 am and 10:00 am use. Based on our experience during the off- season (November - March), boating activity is limited, therefore, there should be no significant impact on either the passive or powerboat users. OO 1 42 2. Eliminate One-Way Use Pattern The elimination of one-way use will reduce City's liability exposure and increase safety, i.e., eliminates slalom course users from passive area. 3. Access to South Beach Originally, staff did not have a position regarding this item. Staff is now recommending that no vessel may pass through the course area when another vessel is towing a skier. This will allow safe south beach access. The other issue of discussion was the location and length of the slalom course. Staff contracted with a professional engineering firm and plotted the exact location of the existing and proposed course, the regulatory buoys and the proposed passive and powerboat buoys (Exhibit 3). Staff has reviewed these conditions with the Bristol Cove Boat and Ski Club and they are supportive of staff's recommendations as it relates to the designated slalom course area (Exhibit 4). The remaining revisions to Agua Hedionda Lagoon Ordinance have been reviewed and endorsed by the California Department of Boating and Waterways and City Attorney. An outline of the proposed ordinance (Exhibit 5) identifies the current rules for each section and recommended changes explaining why the proposed revisions are being made. The recommended changes that are significant in nature are identified below. • Vessel Speed Limits (11.24.025") Staff recommends this section be repealed. The 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 which is addressed in Carlsbad Municipal Code 11.24.120. • Operation of Vessels at Night (11.24.0351 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 hour after sunrise the following day. State law requires that no person shall operate a vessel in excess of five mile 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 (11.24.0501 Currently, this section of the ordinance does not define what a personal watercraft is or have a requirement for which direction it may travel. As per the City Attorney's request, staff is recommending these additions to this section (Exhibit 5, page 6). • Bristol Cove (11.24.0701 In this section, Bristol cove is identified as a private residential cove restricted to owners and tenants. It is the California Department of Boating and Waterways' basic assertion that Bristol Cove is part of the lagoon and therefore a navigable waterway which cannot be closed to the public. The City will not take a position on the ownership of the cove and City Attorney has recommended that we repeal Section 11.24.070. • Prohibited Uses fl 1.24.0851 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. 43 Staff also recommends that hovercraft be allowed on the lagoon for "Official Business Only". Motorized surfboard-like vessels should be added to the prohibited uses; because of their unique design and operation, they would not fit within any established use area. • Ski Boats and Skiers (11.24.115(31(51 • Vessels to Stay Outside Boat Corridor ( 1 1 .24.1201 • Compliance with Orders 11.24.130 • Rules of Road 11. 24. 135 Reference to right-of-way, overtaking of vessels, rules of the road, and use of red ski flag must be eliminated from ordinance as per the request from CDBW. The State Harbors and Navigation Codes 660 precludes the passage of navigational rules by local agencies. 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 buoys would be required at a cost of approximately $150. 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 . SDG&E/Carlsbad Boat Club' s Proposed Ordinance Changes 2. Designated Slalom Course Proposal/Recommendations 3. Agua Hedionda Lagoon - Slalom Course Location Map 4. Slalom Course Conditions and Restrictions 5 . Proposed Revisions to Carlsbad Municipal Code Chapter 1 1 .24 44 PROPOSED ORDINANCE CHANGES FOR AGUA HEDIONDA LAGOON BY SDG&E/CARLSBAD BOAT CLUB SDG&E Request 1. Require written permission to use Middle and Outer Lagoon. 2. Exclude SDG&E activities from Section 11.24.085(8) Prohibited Uses. 3. Require written permission by SDG&E to swim or wade in lagoon. Carlsbad Boat Club Request City Recommendation 1. Approve request. Amend Sections 11.24.040 and 11.24.045. 2. Approve change. Amend Section 11.24.085 (8). 3. Approve request. Amend Section 11.24.095. City Recommendation 1. Requests that Section 11.24.050(2)(e) be reworded to read "a maximum of two persons". 2. Requests that powerboats be allowed in passive use area if no passive vessel is in PUA. 3. Would like to allow passive vessels to use powerboat area if no power- boats are in use. 4. No longer exclude personal water- craft from Section 11.24.065 (1). 5. Personal watercraft not be allowed to launch if within 100 feet of any vessel in a boat corridor. 1. Supports recommended change. Amend Section 11.24.050(2)(e). 2. Unable to support change. This conflicts with proposed slalom course rules. Safety concerns as it relates with mixed use. 3. Unable to support change. Safety concerns as it relates to mixed use. 4. Supports this change. Amend Section 11.24.065 (1). 5. Unable to support proposed change. Boat corridor identifies 5 mph speed limit. This reduction in speed provides safe transit for all vessels. 6. Proposes new section in ordinance be added referencing the Carlsbad Boat dub. 7. Request that boardsails without windowed sails remain on prohibit- ed uses list. 8. Allow beach take-offs/drop-offs from north shoreline. 45 6. Supports incorporating Boat Club into Agua Hedionda Lagoon booklet rather than identify in ordinance. 7. Unable to support proposed change. Do not pose a hazard to other passive uses. Very few in use. 8. Unable to support proposed change. Conflicts with municipal and state law: a) Towing person(s) through boat corridors; b) Entering traffic pattern at more than 45°; c) Excessive speed through boat corridor. Also increased safety and liability concerns. EXHIBIT 1 AGUA HEDIONDA LAGOON DESIGNATED SLALOM COURSE ORIGINAL BRISTOL COVE REQUEST 1. Relocate course approximately 120 feet. 2. Allow 2-way use with Time Restriction: Sunrise to 10 am Memorial Day - Labor Day No Time Restriction: Labor Day - Memorial Day 3. Allow public to use private course 4. Eliminate one way use 5. Buoy Boundary Location Did not supply specific locations r 6. Access to South Beach Boat accessing the beach will be required to yield to boats using the Slalom Course & must travel through the course area at a wakeless speed. 7. City reserves the right to terminate use of course at anytime based on safety and liability, concerns. ORIGINAL CITY PROPOSAL .' Relocate course 50 feet 2. Allow 2-way use with Time Restriction: Sunrise to 9:00 am daily 3. Allow public to use private course 4. Allow one way use after 9 am 5. Buoy Boundary Location Powerboat Area 500 ft. western restriction from entry gate 200 ft. northern restriction from shoreline Passive Area 500 ft. eastern restriction from exit gate 100 ft. northern restriction from center of Slalom Course 6. Access to South Beach Originally, staff did not have a position on this issue. 7. City reserves the right to terminate use of course at anytime based on safety and liability concerns. CURRENT RECOMMENDATION 1. Relocate course 50 feet 2. Allow 2-way use with Time Restriction: Sunrise to 10 am Daylight Savings Time (April - Oct.) No Time Restriction: Standard Pacific Time (Nov. - March) 3. Allow public to use private course 4. Eliminate one way use 5. Buoy Boundary Location Powerboat Area • 500 ft. western restriction from entry gate • 200 ft. northern restriction from shoreline Passive Area • 500 ft. eastern restriction from exit gate • 100 ft. northern restriction from center of Slalom Course 6. Access to South Beach No vessel may pass through the course area when another vessel is towing a skier. 7. City reserves the right to terminate use of course at anytime based on safety and liability concerns. EXHIBIT 2 46 COMMUNITY SERVICES DEPARTMENT AQUA HEDIONDA LAGOON DESIGNATED SLALOM COURSE AREA CONDITIONS & RESTRICTIONS CITY RECOMMENDATIONS 1. Relocate existing course 50 feet west. 2. Time restriction for use: Daylight Savings Time (April - October), Sunrise to 10:00 a.m. No time restriction: Pacific Standard Time (November - March) 3. Allow public to use private course. 4. Eliminate one way use. 5. Buoy Location Powerboat Area: • 500 ft. western restriction from entry gate • 200 ft. northern restriction from shoreline Passive Area: • 500 ft. eastern restriction from exit gate • 100 ft. northern restriction from center of Slalom Course 6. No vessel may pass through the slalom course area when another vessel is towing a skier. 7. City reserves the right to terminate use of course at any time, based on safety and liability concerns. I support and endorse the City's recommendations as it relates to the above conditions and restrictions for the designated slalom course area. Keith Mahler Bristol Cove Boat & Ski Club EXHIBIT 4 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 11.24.010 through 11.24.140 apply to Agua Hedionda Lagoon. (Ord. 3222 1 (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. EXHIBIT 5 50 11.24.020 Lagoon 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 non-refundable and non-transferable; (4) Annual permit fee is based on the calendar year, January 1st through December 31st and shall be half-priced 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 be 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, 1988; Ord. 3222 1 (part), 1987) Proposed Remain unchanged. 51 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 1 (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 1 (part), 1987) Proposed Remain changed. 11.24.035 Operation of vessels at night. Current s 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 a powered vessel at any time on the middle lagoon without written authorization by San Diego Gas and Electric Company or their representative. It is unlawful to operate any 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. Per SDG&E's request (ok w/City Attorney) the written has been added. 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 53 Proposed 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 in writing 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 * Per SDG&E's request (ok w/City Attorney) the words in writing were added. 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 1 (part), 1987) 54 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. A person may not operate nor give permission to operate a personal watercraft for the purpose of towing a person on water skis, aquaplane or similar device. 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 internal combustion engine powering a water jet pump as its primary source of motive propulsion; b) Is 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; and e) Is rated for a maximum of two persons. (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 and 9/22/93). 55 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 1 (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 1 (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. * The word vehicle was incorrectly used in (2). Staff is only correcting that error. 56 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, 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 passive use area. (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. * The only changes were to remove an incorrect word (other than the generic replace 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). Staff also removed the phrase "excluding personal watercraft" from number 1. 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' 1 (part), 1987) 57 Proposed Repeal. * This section has been deleted at the request of the California Department of Boating and Waterways (ok w/City Attorney). 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. 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. 58 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) 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 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 lagoon. * Staff eliminated Paddleboats 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 (paddleboats) 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 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). 10 59 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 1 (part), 1987) Proposed Repeal. * California has adopted Harbors and Navigation Code 654 so that state and local enforcement agencies may enforce excessive engine noise violations on waters within their jurisdiction. 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 No swimming or wading from shore shall be permitted in the lagoon or outer lagoon except as authorized in writing by San Diego Gas and Electric Company in outer lagoon. * Per City Attorney's request, the wording "inner lagoon or outer lagoon" was changed to read "the lagoon." The word "written" was added per SDG&E's request (okw/City Attorney). 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 1 (part), 1987) Proposed Remain unchanged. n 60 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 1 (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) 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. The slalom course is located parallel to the southeastern shoreline within both the powerboat area and passive use area is 1,850 feet long and no more than 100 feet north of the course, as defined by marker buoys. The following shall apply when daylight savings time is in effect (April - October): The course may be used in two directions between the hours of sunrise and 10:00 am daily. After 10:00 am the course will be closed, and unlawful to use. Each pass made through the course, when it is closed, shall constitute a new and separate offense. Between the hours of sunrise and 10:00 am daily, ski boats and skiers shall comply with the following procedures: (1) No vessel may enter through the slalom course area when another vessel is towing a skier. (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. A boat completing its passes should retrieve its skier, and proceed at wakeless speed to the waiting area, south beach or powerboat area. The next boat in line may proceed to the starting area and begin pulling their skier. For the purposes of this chapter, the definition of a pass shall be one round trip through the course. 12 61 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 Q 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. (3) 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. (4) 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. (5) 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. (?) 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. (6) 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. (7) 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. (8) 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. (9) No boat shall pull into the beach with ski line dragging behind. (10) 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. Numbers 3 and 7 were eliminated and items 4-12 were renumbered. All references to right-of-way and the overtaking of a vessel were deleted per the Department of Boating and Waterway's request. These items are covered by Federal and State law. State law mandates the use of a ski flag. Therefore, it is redundant for the City to put this requirement in the Municipal Code. 14 63 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 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. * The first part of this section has been deleted at the request of the State Department of Boating and Waterways. Title 14, California code of Regulations, Section 6600.1 was adopted so that state and local enforcement agencies may enforce those navigation rules on waters within their jurisdiction. 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. 15 64 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 1 (part), 1987) Proposed Remain unchanged. 7/94cmcchattll 17 66 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 1 (part), 1987) Proposed It is unlawful for any person to refuse to follow or comply with the boating regulations 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. 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 1 (part), 1987) Proposed 11.24.135 Boating regulations. The city council may by resolution establish boating regulations 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. * Section 660 of the Harbors and Navigation Code precludes the passage of navigational rules by local agencies. Per the State's approval, staff recommends rewording the section's title. 16 65