HomeMy WebLinkAbout2014-06-10; City Council; 21627; Resolution to an Investigation into All Agua Hedionda Lagoon Use, Property Ownership Bordering LagoonCITY OF CARLSBAD - AGENDA BILL
AB# 21,627 DEPT. DIRECTOR
MTG. 6/10/14 ADOPT RESOLUTION DIRECTING STAFF TO CITY ATTY.
DEPT. P&R PERFORM A COMPREHENSIVE CITY MGR.
INVESTIGATION INTO ALL AGUA HEDIONDA
LAGOON USE AND PROPERTY OWNERSHIP
BORDERING THE LAGOON
RECOMMENDED ACTION:
2014-120 Adopt Resolution No. _
into all Agua Hedionda Lagoon use and property ownership bordering the lagoon.
.directing staff to perform a comprehensive investigation
ITEM EXPLANATION:
INTRODUCTION
Of the three lagoons located within the boundaries of the City of Carlsbad, Agua Hedionda is the only
lagoon where recreational activities are permitted. The City of Carlsbad has a long history of permitting,
regulating and managing recreational activities, based on an agreement with lagoon owner NRG Energy,
Inc. (successor in interest to San Diego Gas & Electric), on Agua Hedionda Lagoon since 1957 (Exhibit 2).
Within the past few years, staff has learned of several management and use issues negatively impacting
the lagoon and surrounding access areas. Staff is requesting that Council consider the items presented
herein and direct staff to return to City Council with a proposed overhaul of existing policies and
regulations, including ordinance updates, regulating and permitting of all commercial and business
lagoon use, including possible renegotiation and renewal of existing use agreements with California
Watersports and Bristol Cove.
LAGOON USE AND ISSUES OVERVIEW
City of Carlsbad and NRG Energy, Inc.
Agua Hedionda Lagoon serves primarily as Encina Power Station's water source for its once-through
cooling and is owned by NRG (Exhibit 2). NRG dredges portions ofthe lagoon as needed to allow for a
continuous tidal flow to feed a cooling system that was constructed along with the plant. Since 1957, the
City has been allowing recreational use of various areas ofthe lagoon for public benefit pursuant to the
1975 lease agreement with San Diego Gas & Electric (SDG&E). The original lease was amended in 1962,
renewed in 1975, and amended for a second time in 1995 canceling the city's lease on the middle lagoon
(Exhibit 4).
DEPARTMENT CONTACT: Mick Calarco 760-434-2859 mlck.calarco@carisbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
Page 2
The term ofthe current lease is for 60 years beginning in 1975, and ending in 2035. It may be renewed by
mutual agreement in three 10 year terms, and one 9 year term, for a cumulative period not to exceed 99
years (2074).
The 1975 lease agreement states, in part, that the upper (inner) lagoon may be used by the City for
recreational purposes and must be supervised to the same extent as comparable properties owned and
used by the City for the similar purposes, such as a park. The City agrees to police, regulate, and control
the activities in the surrounding areas and upper lagoon, protect all company owned property to
minimize damage and injury to persons using the lagoon, accept all liability and indemnify and hold
harmless the owner [NRG] from all use and occupancy ofthe lagoon.
EXISTING LAGOON USE AGREEMENTS WITH THE CITY
Formal lagoon use agreements have been entered into between the City and the individual and
organization below.
Snug Harbor Marina/California Watersports (CarlsbadLagoon.com)
In 1980, the City and Dr. Daljit Sarkaria (property owner) entered into an agreement for nonexclusive
marina and boat launching rights on the lagoon, with the sole intent to provide public access to the
lagoon. The agreement states, in part, that the operator must maintain insurance, issue lagoon use
permits, check existing permits, and handle, collect and be responsible for all City monies associated with
these tasks. City monies collected by the operator, including a fee of $1 for every boat launched, must be
delivered monthly along with a detailed accounting of said funds.
The City has issued a business license to Josh Cantor of Cantor Enterprises, Inc. for the operation of Snug
Harbor Marina under the d.b.a. "California Watersports - CarlsbadLagoon.com."
California Watersports offers personal watercraft, powerboat, kayak, stand up paddleboard, canoe,
peddle boat, and aqua cycle rentals, as well as wakeboard and waterski lessons. Parking and boat
launching facilities are available at an additional charge. California Watersports heavily markets their
activities in an effort to promote business and lagoon activities.
Bristol Cove Property Owners Association
In 1980, the City granted Bristol Cove Property Owners Association private access to the lagoon, provided
the Association adhere to all rules and regulations, obtain City permits, and limited launching to
Association members and their guests only. The agreement renews automatically for one year periods,
unless either party terminates the agreement in writing with 60 days' notice.
NON-PERMITTED COMMERCIAL LAGOON USE
Staff is aware of several businesses conducting commercial use on the lagoon that do not have a use
agreement with the City similar to the agreement the City maintains with Dr. Sarkaria.
Page 3
The Carlsbad Boat Club and Marina
In addition to the business license maintained bythe Boat Club (VIP Partners), a second license is issued
to Carlsbad Paddle Club (Cantor Enterprises, Inc. - same operator as California Watersports) at the same
address (4905 Adams Street, Carlsbad, 92008). The Paddle Club offers a wide variety of fitness styles, all
integrated with a stand up paddleboard.
Unlike California Watersports, the City does not have a formal lagoon use agreement with the Carlsbad
Boat Club and Marina nor its operator as the municipal code does not require it. The municipal code only
requires that vessels on the lagoon be permitted. The inner lagoon has been designated a special use
area per section per 11.24.015 CMC, and pursuant to the City's agreement with NRG, the lagoon is
regulated. A determination needs to be made about what kinds of uses will be permitted in the future
and if agreements with all commercial lagoon users are necessary.
Other Non-Permitted Commercial Use
Staff has identified several other transient, non-permitted commercial lagoon use (dedicated to the
growing sport of standup paddleboarding) including 2 Stand Up Guvs. Paddleboard Bliss. Paddle Planet.
Oceanside Paddleboard. Aloha Standup Paddle. West Coast Stand Up Paddle, and Floating Yogis just to
name a few. Many of these businesses use 4700 Bayshore Drive (cul-de-sac) as their business address on
their website. Some small businesses are providing equipment rental on the street or shore at the
Bayshore Drive access. Of those business listed above, only Paddleboard Bliss and Paddle Planet have a
valid Carlsbad business license.
ORDINANCE AND STATE CODE REGULATING LAGOON USE
Agua Hedionda Lagoon
Chapter 11.24 ofthe Carlsbad Municipal Code (CMC) establishes and regulates a special use area in the
inner lagoon area ofthe Agua Hedionda Lagoon (Exhibit 5). It establishes speed zones, time restrictions,
and other regulations to protect and ensure the safe and enjoyable use ofthe inner lagoon. These rules
and regulations are communicated by staff and enforced by the police department.
Parks and Beaches
In addition. Chapter 11.32 CMC regulates unlawful acts in parks and beaches, including the shore of Agua
Hedionda Lagoon (Exhibit 6). The applicability and enforceability of this chapter on the water's surface is
in question as the ordinance states, "... beaches shall include all beach areas bordering the Pacific
Ocean, the Batiquitos Lagoon, the Buena Vista Lagoon and the Agua Hedionda Lagoon" (11.32.020 CMC),
and makes no reference to the body of water itself.
California Harbors and Navigation Code
Questions have been raised about the legality ofthe City to permit and regulate use, as the lagoon has
been designated bythe state as a "public navigable waterway."
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Section 660 (a) ofthe California Harbors and Navigation Code states, "Any ordinance, law, regulation, or
rule relating to vessels, which is adopted pursuant to provisions of law other than this chapter by any
entity other than the department, including, but not limited to, any county, city, port authority, district,
or any state agency other than the department, shall, notwithstanding any other provision of law, pertain
only to time-of-day restrictions, speed zones, special-use areas, and sanitation and pollution control, and
the measure shall not conflict with this chapter or the regulations adopted by the department."
Since the City has declared the lagoon a special use area, this code needs to be investigated and a legal
determination made as to its applicability to the City and its ability to manage and regulate lagoon use.
Ordinance Violations
Various ordinance violations have been observed and reported by staff, area residents, and other lagoon
users (Exhibit 7). Common violations include, illegal parking, dogs off leash, swimming and wading, non-
permitted vessels and commercial use, failure to adhere to designated use areas and times
(inappropriate use of slalom course), "beaching" power vessels, littering, urinating in public (due to a lack
of restroom facilities at Bayshore drive access), fires, trespassing and destruction of private property.
Staff has taken steps to address and cure the violations, including additional part time parks & recreation
staffing during peak use periods, onsite vessel permitting, police patrols and enforcement, parking
management (including striping and red curbs), posting of informational and regulatory signs, and
community outreach.
While an increased staff and police presence on the shore during peak times and on the water has been
beneficial, violations continue to persist. Area residents and business owners have expressed their
concern, frustration, and dissatisfaction with ongoing rules violations and illegal use. Additional patrols
and enforcement have been requested by the residents; additionally staff has met with residents and
business representatives on at least three occasions to discuss enforcement and measures to control
non-permitted and commercial lagoon use.
General Liability Insurance Requirement
In 1989, the California Department of Boating and Waterways objected to the City requiring general
liability insurance for the Snug Harbor Marina Operator. The state Attorney General found that the City
was indirectly imposing an illegal insurance requirement on its concessionaire. The opinion (No. 80-901)
found the precondition of liability insurance to be in violation of state law. While it is clear from the
finding that the Attorney General objected, based on his interpretation of state law, to requiring liability
insurance of individual boat operators - it is not clear if the finding pertains to business operators on the
lagoon too.
There was disagreement between the City Attorney and the Attorney General regarding this issue. The
precondition and legality of requiring general liability insurance with the City named as additionally
insured for lagoon use should be resolved as part of any CMC or agreement updates.
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Waterski Slalom Course
Currently, the waterski slalom course, as established by 11.24.110 CMC, extends from the designated
powerboat area into the passive use area creating a condition of mixed power and passive vessel use.
Staff recommends that the course time restrictions, location and configuration be studied to avoid
conflicting use as part of any future CMC updates.
CONCLUSION
An increased staff presence, additional police patrols (on the shore and on the water), traffic and parking
management, and community outreach have all contributed to and improved lagoon management
issues. However, there still is additional work to be done to make sure the City is addressing all
recreational and business lagoon uses sustainably, and in a safe, effective and responsible manner.
FISCAL IMPACT:
If the recommended action is approved, no direct fiscal impact is expected during the research and
reporting phase.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS:
1. Resolution No. 2014-120 directing staff to perform a comprehensive investigation into all
Agua Hedionda Lagoon use and property ownership bordering the lagoon.
2. Agua Hedionda Lagoon timeline
3. Map of Agua Hedionda Lagoon special use area
4. Agua Hedionda Lagoon Lease Agreement between the City and SDG&E (NRG) dated Nov. 10,1975
5. Chapter 11.24 CMC
6. Chapter 11.32 CMC
7. Letter to the City from Charlie Hearn, Board Member, Bayshore @ Agua Hedionda HOA dated Aug. 22,
2012
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EXHIBIT 1
1 RESOLUTION NO. 2014-120
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DIRECTING STAFF TO PERFORM A COMPREHENSIVE
INVESTIGATION INTO ALL AGUA HEDIONDA LAGOON USE AND
4 PROPERTY OWNERSHIP BORDERING THE LAGOON
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WHEREAS, of the three lagoons located within the boundaries of the City of Carlsbad,
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y Agua Hedionda is the only lagoon where recreational activities are permitted; and
8 WHEREAS, The City of Carlsbad has a long history of permitting, regulating and managing
^ recreational activities, based on an agreement with lagoon owner NRG Energy, Inc. (successor in
interest to San Diego Gas & Electric), on Agua Hedionda Lagoon since 1957; and
WHEREAS, staff has learned of several management and use issues negatively impacting
the lagoon and surrounding access areas; and
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14 WHEREAS, the city has received formal complaints relating to the business and
15 recreational use of Agua Hedionda Lagoon; and
WHEREAS, staff has completed preliminary research and determined that a proposed
overhaul of existing policies and regulations, including ordinance updates, regulating and
permitting of all commercial and business lagoon use, including possible renegotiation and
renewal of existing use agreements with all business and property owners is necessary and
21 recommended.
22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
as follows that:
1. The above recitations are true and correct.
2. The City Council directs staff to perform a comprehensive investigation into all lagoon
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2y use and property ownership bordering the lagoon
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 10th day of June 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Cl^k
EXHIBIT 2
Agua Hedionda Lagoon Timeline
11/8/1955 Res. No. 189-A - asking the County of S.D. to develop a small craft harbor master plan and
include AHL as a harbor of refuge and recreational harbor.
7/17/1956 Res. No. 212 - asking for federal grant to dredge Agua Hedionda Lagoon (AHL) as "harbor of
refuge".
3/4/1957 City and SDG&E enter 5-yr lease of AHL.
12/2/1958 Res. No. 466 - authorizing application for a $700k loan to build a small craft harbor in AHL.
4/1/1962 Amendment to lease with SDG&E, added middle lagoon.
6/19/1962 Ord. 3058 - restricting use of power boats in middle lagoon.
7/1962 City subleased middle lagoon to YMCA.
5/7/1963 Res. No.897 - requesting a $15k loan from the state for developing small craft harbor plans.
11/5/1963 Res. No.955 - authorizing the Mayor to execute a $15k small harbor planning loan agreement
with the state.
7/20/1971 Res. No. 1880 - adoption of a specific plan on property east of ocean and south of the north
shore of AHL.
11/10/1975 Res. No. 3780 approving a lease between City and SDG&E for 91 acres for parkland per
Ordinance No. 9279.
4/6/1976 Res. No. 3874 - approving agreement with Lawrence Bagley for preparation of specific plan for
Agua Hedionda Lagoon.
1/2/1980 Res. No. 6035 - authorizing the allocation of 3.73 excess development units to Mathew Lapota
& Associates for aquaculture.
5/20/ 1980 Res. No.6187 -agreement with Bristol Cove Property Owner's Association for use of AHL.
5/20/1980 Res. No.6188 - transfer of funds to the Parks & Recreation Department for patrol boat and
equipment.
7/1/1980 Res. No.6224 - approving an agreement between City and Lathrops for Snug Harbor Marina.
11/6/1980 Res. No. 6225 - City and Dr. Sarkaria agreement (Snug Harbor Marina). Operator obligation not
to launch boats without naming City additionally insured.
5/1982 Agua Hedionda Land Use Plan adopted, local coastal program.
8/2/1983 Res. No. 7270 - approving sublease with YMCA for middle lagoon.
8/30/1985 Agreement between Bristol Anchorage Management Corp & City of Carlsbad to dock patrol
boat at condo dock.
10/17/1985 Agreement between Bristol Cove Property Owner's Association and City allowing City use of
Bristol Cove ramp.
10/20/1987 Ord. 3222 - amending Chapter 11.24 CMC and adding Chapter 11.32 CMC.
12/1991 Res. No. 91-4405 - adopted to relieve Snug Harbor Marina operator obligation of naming City
as additionally insured.
3/10/1992 Res. No. 92-74 - hold harmless agreement with Carlsbad Aquafarms.
1/1/1994 Boating accident on slalom course, letters of complaints and incident report by P&R Director,
subpoena case #C170463 for Jeff Briskin (patrol).
7/18/94 AB 794-3 - Parks & Recreation Commission appoints a Commission subcommittee to assist staff
with CMC revisions.
8/12/1994 Ord. NS-292 - revising 11.24 CMC - Waterski slalom course - new rules effective.
10/11/1994 AB 12849, Res. No. 94-288 - to delete middle lagoon from lease of City and SDG&E and
confirmed new lease between YMCA and SDG&E.
11/21/94 AB 1194-4 - Council directs staff to terminate lease with SDG&E for inner lagoon and eliminate
patrol funding as of Jan 1,1995.
11/21/1995 AB 13401, Res. No. 95-327 - 2"'^ amendment to lease with SDG&E, cancelled lease of middle
lagoon.
9/9/1999 Ord. N5-509 - revising 11.24 CMC - transfer patrol from Recreation to Police.
10/26/1999 AB 15,456 - introduce Ordinance No. NS-509 - transfer patrol from Recreation to Police, change
in ownership from SDG&E, increase vessel numbers, and 21 foot powerboat length exemption.
11/9/1999 AB 15,472 - adopting Ordinance NS-509.
2/19/2008 Res. No. 2008-045 - appropriated additional funds, total $131,182 to vehicle replacement fund
to refurbish patrol boat.
8/2010 Parks Division contracts with Merkel & Associates to replace and maintain regulatory buoys in
the inner lagoon.
^1
[EXHiB IT 3
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1238 '
ti?.etiurn toi
LEASE
THIS LEASE, made and entered into as of the 10th day
of November igTS , by and between SAN DIEGO GAS & ELECTRIC
COMPANY, a California corporation, hereinafter called "Lessor",
and the CITY OF CARLSBAD, CALIFORNIA, a municipal corporation,
hereinafter called "Lessee",
WITNESSETH:
WHEREAS, In 1971 Lessor requested specific plan approval
for certain public utility operations in the City of Carlsbad;
and
WHEREAS, In the course of processing said request Lessor
offered to make a portion of the property covered by the specific
plan available to the Lessee for park and recreational purposes,
and
WHEREAS, Said offer was accepted by Lessee and incorpor-,
ated in Ordinance No. 9279 which approved the specific plan as a
condition thereof; and
WHEREAS, In accordance with Section 2, Condition No. 3,
of Ordinance No. 9279, Lessor and Lessee have resolved the details
regarding the lease of certain hereinafter described real property;
NOW, THEREFORE, in consideration of the performance of
the terms and conditions hereof the parties agree as follows:
1. Leased Premises. Lessor does hereby lease to Lessee
1239
those certain premises located in the City of Carlsbad, State of
California, containing approximately ninety-one (91) acres as
generally shown on the map marked Exhibit "A", attached hereto
and made a part hereof. Lessor shall survey the premises within
ninety (90) days of the execution of this lease and shall furnish
Lessee with a legal description to be attached hereto as Exhibit "B"
and made a part hereof.
2. Use. The leased premises may be used by Lessee
for park and recreation purposes which shall be supervised to
the same extent as other comparable properties owned by Lessee
and used for the same purpose. Lessee shall not use the leased
premises for any commercial or business purpose that does not
reasonably relate to the use of the premises for park and recreation
purposes.
3. Term. The term of this lease shall be for a period
of sixty (60) years commencing on thelOthday of November ,
1975 , and ending on the9th day of November , 2035
^" Renewal. Within ninety (90) days from the expiration
of the initial sixty (60) year term, and each succeeding term
thereafter, the parties may by written mutual agreement renew this
lease for three (3) additional periods, each consisting of a ten
(10) year term, plus one (1) additional term of nine (9) years.
In no event shall the cumulative terms exceed ninety-nine (99)
years.
5. Additional Construction. This lease is made upon the
express condition that the leased premises will be available for
2.
2-
- ^ 1240 - -
use by Lessor at any and all times for the repair or maintenance
of existing and future facilities, as well as all other operations
necessary in connection with its public utility operations. It is
understood that Lessor may construct additional electrical trans-
mission lines and/or other utility lines upon the leased premises
and reserves the right to accomplish said construction. Lessor shall
make reasonable efforts to coordinate such activities with Lessee to
minimize the interference with the Lessee's use of the premises.
6. Rent. Lessee agrees to pay Lessor rent based on the
amount of one half of the taxes assessed against the leased premises
and paid by Lessor, but in no case shall the amount paid by the City
exceed the simi of fourteen thousand dollars ($14,000) annually.
Lessee and Lessor shall take all reasonable steps to relieve Lessor of
the real property tax liability on the leased premises for the term
of the lease or any renewal as herein provided. The obligation of
Lessee to pay rent shall not commence until five (5) years after
execution of this lease or until Lessee has adopted a plan of develop-
ment for the premises and obtained all permits necessary to accomplish
the development, whichever occurs later.
7. Improvements. Lessee shall have the right to construct
improvements upon the leased premises. Lessee agrees to consult with
Lessor regarding any proposed improvements prior to the commencement
of construction. No improvements, including grading or structures of
any type, shall interfere with Lessors public utility facilities or
operations on the leased premises. Lessor may relocate in a mutually
agreeable manner any such improvement at Lessor's expense. Lessor
will take every reasonable means to avoid relocation of Lessee's
improvements. Upon termination of this lease, after receipt of a
written demand from Lessor, Lessee shall remove all improvements
3.
13
1241 - "
within ninety (90) days at Lessee's expense.
8. Protection and Patrols. Lessee agrees to police,
regulate, and control the entry and activities in and upon the
leased premises to the same extent as other comparable property
owned by Lessee. In addition. Lessee will take reasonable steps
to protect all Lessor-owned property surrounding or adjacent
to the leased premises and exterior thereto so as to minimize any
and all disturbances and damages, including the possibility of
damage to property and injuries to persons incident to the use of
said premises by any person entering thereon. Said protection
shall be consistent with the protection given to other private
property in the City of Carlsbad.
9. Waste. Lessee shall not commit, suffer, nor permit
any waste, nuisances, or unlawful acts on the leased premises, and
shall at all times maintain the same in a clean and sanitary con-
dition in compliance with all applicable rules, laws, regulations,
and ordinances respecting health and safety of the City of Carlsbad
and County of San Diego, and the State of California.
10. Right of Entry. Lessor reserves the right to enter
upon the leased premises at any time for the purpose of viewing,
patroling and inspecting the same to see if Lessee is faithfully
complying with the terms and conditions of this lease.
11. Rights of Lessee. Lessee shall have no rights nor
acquire any interest in or to the leased premises other than as
provided in this lease and as a lessee and tenant thereof.
12. Default. Should default be made in the performance
of any of the terms and conditions of this lease and such default
shall continue for sixty (60) days after Lessee has been notified
4.
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1242
in writing of such default, then Lessor may re-enter, take possession
of said premises, and remove any and all persons and property of
Lessee therefrom.
13. Assignment. Lessee shall not assign this lease nor
sublease the leased premises except upon the written consent of
Lessor which shall not be unreasonably withheld. Subject to the
terms and provisions of this lease. Lessee may make any joint use
agreement for the use or improvement of the premises and may grant
permits, licenses or priviledges to any agency, person or partner-
ship to enter upon and/or use any or all of the leased premises, upon
terms and conditions as the Lessee deems necessary or desirable.
Waiver. Any waiver by Lessor of any breach of one
or more of the terms, covenants, and conditions of this lease shall
not be a waiver of any subsequent or other breach of the same, or
of any other term or condition hereof.
15• Indemnity. Lessee hereby agrees to indemnity, save
and hold Lessor harmless from and against any and all demands,
claims, suits, loss, damage, injury, resulting from any act or
omission of Lessee, its employees, agents, permittees, invitees,
or other persons upon the leased premises with or without the
consent of Lessee to the person or persons, or property or proper-
ties of any person, including injury to or death of any person in
any way arising from use and occupancy of the leased premises by
Lessee, its agents, servants, employees, or invitees, whether
actual or implied by law.
It is the mutual intention and agreement of the parties
that the foregoing indemnity provisions shall extend to any and
5.
1243
all damages suffered by Lessor to its property adjacent to the
leased premises or injury to or death of any person upon the ad-
jacent property in any way arising from the use or occupancy
of the leased premises, occasioned by the negligent, willful, or
intentional acts or omissions of any persons using and who may be
in or upon the leased premises.
16. Liability Protection. Lessee agrees to include the
leased property in the liability protection program in use for
other property owned by Lessee.
17. Notices. Notices to be given from or to either party
may be addressed as follows:
a. Lessor at 101 Ash Street, San Diego, California 92101.
b. Lessee at 1200 Elm Avenue, Carlsbad, California 92008.
Notices shall be deemed given hereunder when placed by
either party in the United States mail, postage prepaid, certified,
and properly addressed to the other.
18. Ordinance No. 9279, Section 2, 13-B, 1-3. It is agreed
that construction of park improvements, under Paragraph 7 of this
lease, are not considered development of Lessor's property as
specified in Ordinance No. 9279, Section 2, 13-B, 1-3.
19. Existing Agricultural Lease. Lessee recognizes that
a part of the park lease area is presently being leased by Lessor
for agricultural purposes. Lessee agrees that Lessor may continue
to lease this area for agricultural purposes and will not require
the cancellation until Lessee's plans to develop the leased premises
for its intended park use are ready to be implemented. Prior to
6.
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implementation. Lessee agrees to provide Lessor with one year's
advance notice so that Lessor can arrange the termination of the
agricultural use.
IN WITNESS WHEREOF, the parties have individually executed
and caused this lease to be executed for and on behalf of each
by their respective officers or agents as of the day and year first
above written.
SAN D: SGO GAS & ELECTRIC COMPANY,
a Cal:Jcornia corporation
By_
Senior Vice President
LESSOR
CITY OF CARLSBAD, a Mvinicipal
Corporationthe State of
Californie
C. FRAZEE, Mayor
LESSEE
LEWIS L. CHASE, Vice Mayor
ROVED AS TO FORM:
SidentP. Biondo, J
City Attorney
7.
n
70 «9 CA (5-73)
(Corporation) 1245
.STATE OF CALIFORNIA ^
JTmje INSUBANC6
IANDTRUST
ATICOB toupurt
COUNTY OF-
SS.
On
State, personally appeared .j_—
known to me lo be the—, <<?
before me, the undersigned, a Nolary Public in and (or said •
Z:^6at<eFresident, and
Secretary of the corporation that
persons who executed the within
known lo me lo be
known to me to be the , . .
hislrumcnl on behalf of the corporation therein named, and lll^ll Ulii(,lli linii ^wa f.w. v.. ........... .. , —-- —
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
of directors.
WITNESS my hand and official seal.
Signature,.&>.
Name (Typed or Printed)
executed the within Instrument,
OFFICIAU SEAL <
FLORENCE L. LA MONTE?
NOTARY PUBLIC • MUrCRNIA S
Principal Office, San Diega Co. Calif. ?
My Commission Exp. Mar. 13, 1978 2
.WVmW'.WJ^^tiWWVVm'VJV'JV
(Thfi ITM far offleltl notarlil u*l)
1246
EXHIBIT B
LEGAL DESCRIPTION OP HUB PARK SITE
CtTi 6f GA^BAD
That portion of Lots "P" and ''H*' of Rancho Agua
Hedionda, In the City of Carlsbad, County of San Diego,
State of California, according to Partition Map thereof No.
823, filed in the office of the County Recorder of said
County, November 16, 1896, described as follows:
Beginning at the corner common to Lots "P", 'H"
and of said Rancho Agua Hedionda; thence along the
Northerly line of said Lot "P" South 86« 52* 04" East
(record South 87* 23' 2^'' East per Record of Survey No.
7938), 1^156.25 feet; thence leaving said line South 22*
50» 04" West, 1273.28 feet to the beginning of a 949.00
foot radius tangent curve concave Northwesterlyi thence
Southwesterly along the aro of said curve through a central
angle of 18^ 39' 20", a distance of 309.00 feet; thence
non-tangent North 84* 52* 43" West, 2517.07 feet; thence
North 27* 23* 43" West, 392.39 feet; thence North 84«
52' 43" West, 453.19 feet; thence North 07« 51' 43" West,
259.19 feet; thence North 89* 26' 05" West, 404.67 feet;
thence North I6® 24• 38" West, 440 feet more or less to the
mean high tide line of Agua Hedionda upper Lagoon; thence
Southeasterly, Northeasterly and Northwesterly along said
mean high tide line to the Northeasterly line of said Lot
"H"; thence along said line South 64* 01' 41" East, 275
feet more or less to the POINT OP BEQINMIHO.
DESCRIPTION
PREP.'IRED By_Sj^A/j^
CCM.OAULD SY_I>£/^
SKETCH m.Jr/faa_^22'
2o
SAN DIEGO GAS & ELECTRrC COMPANY
P.O, BOX 1831 SAN DIEGO. CALIFORNIA 92112
(714) 232-4252
January 2?, 1976
Mr. Paul D. Bussey
City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Dear Mr. Bussey:
This letter ccaficems the lease between the City
of Carlsbad and San Diego Gas Ss Electric Company for ijUliHtf
Parle adjacent to the south shore of the Aqua Hedionda
Lagoon.
In accordance with paragraph one of the lease,
enclosed in triplicate is the legal description marked
Exhibit B and the boundary survey marked Exhibit B-1 of
the park site. Please attach the exhibits to your lease
agreement; copies of these exhibits have been attached to
the lease in our files.
me know.
If I can be of further assistance, please let
RHB:sfb
Enclosures
Sincerely,
R. H. Baumgart?
Land Management Supervisor
AW INVESTOR-OWNED CORPOMTION
August 20, 1976
City of Carlsbad
1200 Elm Ave.
Carlsbad, Calif. S2008
COUNTY OF SAN DIEGO
HARLEY F. BLOOM
RECOROER
1222 FIRST AVENUE
P.O. BOX 1750
SAN OIEGO, CALIFORNIA 92tt2
(714) 236-3695
JOHN CLAGUE
CHIEF DEPUTY
We are retuming UNRECORDED_
naming
T.Pa.qe Agreement
rit,y nf r.flrlg);??,<a and gP<? &E
with your remittance of $ JJO Fee P<=>qiiirprl Check
M. 0.
In order to record please have the signature for SDG & E acknowledged.
Recording Fees are $3.00 for the first page, plus $1.00 for each additional
page of each document.
NOTICE: SHOW HAME AND ADDRESS ON D0<
HARLEY F. BLOOM, County Recorder By_
Nancy McParlane
OR RETURN BY HAIL.
(Deputy)
Form 4 12-75
August 26, 1976
Marlon Fujimoto, Secretary
to the President
San Oiego 6as ft Electric Coinpany
101 Ash Street
San Dlego, California 92101
Oear Marion,
Enclosed please find the original Agreement between
the City of Carlsbad and San Oiego Gas & Electric Conpany
regarding "Hub Park" in the City of Carlsbad.
As you will recall in our conversation yesterday,
we discussed the fact that in the City's attempt to record
this Agreement, It was mailed back to the City Clerk's
Office from the County Recorder with a request that Mr,
Morris' (Robert) signature be notarized.
Please have one of the Notaries acknowledge the
signature of Mr. Morris on the Acknowledgment Form attached
by the County Recorder, after which the Agreement together
with our letter to the County Recorder, which is enclosed,
may be mailed to the County Recorder in the enclosed self-
addressed envelope.
Thalik you for your assistance and cooperation and.
In advance, for your expeditious transmittal of this Agree-
ment to the County Recorder since the time of recording is
most Important.
Sincerely,
NORA K. GARDINER
Deputy City Clerk
ng
Enclosures (3)
23
DATE: DECEMBER 30, 1977
TO: CITY MANAGER
FROM: Assistant City Manager
SUBJECT: HUB PARK LEASE
The City of Carlsbad has a lease executed in August, 1976,
with the San Diego Gas and Electric Company. This lease
covers 91 acres known as "Hub Park" which is on the south
side of Agua Hedionda La.goon, east of 1-5.
As a condition of the lease, the City agreed to pay rent
based on the amount of one-half of the taxes assessed
against the leased premises and paid by lessor. In no
case shall the amount paid by the City exceed the sum of
$14,000 annually. As a further stipulation in the agree-
ment or lease, the lessee and lessor agree to take all
reasonable steps to relieve the lessor of the real property
tax liability on the leased premises for the term of the
lease or any renewal of the lease.
The lessee was to pay rent starting five years after execution
of the lease, August, 1981 OR until lessee has adopted a
planned development for the premises and obtained all permits
necessary to accomplish this development, whichever occurs
later.
City staff contacted the State Board of Equalization and,
after considerable negotiations and meetings, was able to
reduce the taxes as follows: the original assessed valuation
on the property in question was $364,707 with taxes of approxi-
mately $28,000. The State Board reduced the assessed valuation
on the 91 acres to $62,975 with taxes of $5,976. This means
the City would be obligated to pay when they have obtained the
necessary permits for development which would be one-half of
$5,976. Actual rent would be $2,988 annually as the lease on
the 91 acres.
Staff feels this is satisfactory inasmuch as a straight agri-
cultural lease would be five.times this amount. This matter
has been discussed with San Diego Gas and Electric Company
and they are satisfied with this arrangement.
13 iLL
WILLIAM C. BALDWIN
Assistant City Manager
WCB:ldg
"-Z4
CITY OF CARL5^^D
Meeting of:
Date of Meeting:
Time of Meeting:
Place of Meeting:-
CITY COUNCIL (Adjourned Kegular Meeting)
November 10, 19>t
5:00 P.M.
Council Chambers
m
ROLL CALL:
AGENDA BILL #3507 - SAN DIEGO GAS AND ELECTRIC
LEASE AGREEMENT.
Present
Absent
Mayor Frazee announced the meeting was called to
discuss the Specific Plan for San Diego Gas and
Electric. He announced he would abstain from
discussion and voting on this matter. Following
his relinquishment of the Chair to Vice-Mayor
Chase, Mayor Frazee seated himself in the audience
The City Manager reported on this matter and
pointed out that there were certain policies on
which a decision should be made. He stated the
City Attorney would review the terms of the
agreement and point out those matters of concern
for Council discussion.
The City Attorney reviewed in detail terms of the
agreement and indicated the areas where policy
decisions should be made by the Council. Further
comment was made by the City Manager with regardtp
areas of concern by San Diego Gas and Electric
Company. Wall maps of the location were exiiibited.
MR. ART BISHOP, Land Engineering Supervisor and
MR: FRANK DEVORE, Manager of the Land Management
Department, representing San Diego Gas and Elec-
tric Company, expressed their concerns to the
Council.
The City Manager and City Attorney responded to
questions asked by the members of the Council.
HR. MARK NELSON, 3831 Margaret Way, Carlsbad,
identified hiraseTf as bfeing a member of Carlsbad
Community Cause but indicated he was speaking
as an individual. He spoke in opposition to the
issuance of the grading permit.
Mr. Art Bishop stated SDG & E would like to offer
a clause in exchange for Condition: #20. He
stated SDG & E would be willing to offer a clause
whi'ch refers back to the Specific Plan. The
clause is: "In the event there are any changes
in the right to submit a Specific Plan for
approval for a utility facility at a later date,
on the site designated for future power plant,
then the lessor has the right to reduce the term
of this lease to 30 years and to reduce the lease
area from 91 acres to the easterly 45.5 acres".
RECESS; Mayor Frazee called for a recess at
6:30 P.M. and the Council reconvened at 6:42 P.M
with all Council members present.
•furthcr> Mr. DeVore stated with regard to the
matter of Rent Payment, he would propose that
the City accept the lease with a 5 year deferral
payment of any rent with the understanding that
both parties would do everythin.g possible to get
the rent abatement and- the City would agree that
if the rent could not. be abated, tMat they would
agree to pay the sum of $14,000 a year after the
5 year deferral period and that the sum would
never exceed the $14,000 a year. The $14,000 repre-
senting one-half the estimated yearly taxes on that p-japerty
- CITY or CARLSB/^^
November 10, 1975
A motion was made that the City Manager be author
ed to issue a grading permit for the storage tank
that is needed at this time immediately and that
the Council obligate themselves'to resolve the
policy Issues Involved in this lease at the next
Council meeting. The motion was given a second
and after further discussion, with the permission
of the second, the motion was withdrawn.
A motion was made that the recommended clauses
suggested by the representative from SDG&E in-
volving a guarantee of zoning, not be Included
in the lease agreement.
Further, a motion was made that the City accept
the offer wherein SDG&E will continue paying the
property taxes for five (5) years a.fter the
effective date of the lease and that SDG&E cooper
ate in attempting to have the State Board of
Equalization abate the taxes during the lease
period and, falling that subsequent to the ini-
tial five year period, the City will agree to pay
the sum of $14,000 per year and no more for the
remaining term of the lease.
A motion was made that the wording in Section
5, Page 3 be changed to read: "that Lessor may
construct additional transmission and/or othfrr
utility lines upon the leased property".
It was moved that the City Council accept the
lease agreement between the City of Carlsbad and
San Diego Gas and Electric Company, as amended,
to include fhe change made in Page 3, Section 5,
as stated in the above motion and Section 6,
in connection with the Rent.
The City Manager pointed out that the lease agree
ment would become null and void if It Is not rati
fled by the proper authorities of SDG&E and
further negotiations would be necessary to re-
solve the matter.
The City Manager stated with regard tothe Carlsbad
Blvd. Improvements that SDG&E intends to request
the Council to consider an unsecured agreement
for the improvements on Carlsbad Blvd.. The Company
has agreed for a portion of the Improvements to
supply a bond but it is their intent at a later
time to make the request for an unsecured agree-
ment.
By concensus of the Council, it was agreed that
a secured agreement would not be necessary in this Instance.
The City Manager pointed out that It Is his feel
Ing that there Is a potential for disagreement
concerning details of the improvements along
Carlsbad Boulevard. The conditions of the lease
indicate that there shall be a lease and further
states no permit shall be Issued until all of the
conditions are met. The condition of the improve
ments reads a little different indicating con-
struction may be deferred until mutually agreeabli
to the City and SDG&E. He stated In view of
the concensus of the Council on this matter, he
Motion
Ayes
Noes
Motion
Ayes
Noes
Motion
Ayes
Motion
Ayes
-zz- CITY- -'OF CARLSr -D
•3-
November 10, 197 5
would assume that the condition Is met by the .
deferral and would not hold up issuing pjermlts.
Lengthy discussion ensued and the Council stated
It should be clear that deferral of the Improve-
ments without a secured agreement is not a pre-
cedent but has been done only because the City
can not provide SDG&E with complete requirements
for the improvement of Carlsbad Boulevard at
this time.
Following the advice of the City Attorney, it
was the concensus of the Council that the staff
be directed to develop an Improvement Agreement
for SDG&E to fully execute which would list the
nature of all improvements.
A motion was made that the Council accept the
temporary easement for the purpose of access to
the regional park and the easement for the pur-
pose of construction for Cannon Road.
The following Resolution was adopted by title
only and with the unanimous consent of the Coun-
cil, further reading was waived:
RESOLUTION NO. 3780. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING A LEASE BETWEEN THE CITY OF CARLSBAD
AND SAN DIEGO GAS & ELECTRIC:COMPANY FOR A PARK
ON THE SOUTH SHORE OF AGUA HEDIONDA LAGOON AND
AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE.
The City Attorney stated the staff will Incorpor-
ate 1n the text of the lease, those changes in
accordance with the Council's previous motion in
that regard.
ADJOURNMENT:
By proper motion, the meeting was adjourned at
at 7:55 P.M.
Respectfully submitted.
MARGARET E. ADAMS. City Clerk
Nora K. Gardiner, Recording
Secretairy
Motion
Ayes
Motion
Ayes
Noes
Motion
Ayes
Z7
3-5-79
Rent, payable under the terms of
this lease, does not have to be
paid before Augxist, 1981. It may
not have to be paid then unless
the City has obtained all permits
necessary for development of the
leased land into a park.
EXHIBIT 5
Carlsbad, California, Code of Ordinances
Title 11 - PUBLIC PROPERTY
Chapter 11.24 AGUA HEDIONDA LAGOON
Sections:
11.24.005 Purpose and intent.
11.24.010 Definitions.
11.24.015 Special use area—Agua Hedionda Lagoon.
11.24.020 Lagoon use permits.
11.24.030 IVlaximum vessel speed limit.
11.24.035 Operation of vessels at night.
11.24.050 Inner lagoon—Special use area.
11.24.055 Fishing.
11.24.056 No anchoring in posted areas.
11.24.057 No large wakes.
11.24.058 Compliance with lagoon closures under interim management plan.
11.24.060 Public access.
11.24.075 IVlaximum number of vessels on the water.
11.24.080 Maximum vessel length.
11.24.085 Prohibited uses.
11.24.100 Throwing waste or refuse in water or on public access or shoreline.
11.24.110 Water-ski slalom course.
11.24.115 Boats and skiers.
11.24.120 Establishment of vessel transit corridors.
11.24.125 City's liability—Use of areas at own risk.
11.24.130 Compliance with chapter, regulations and orders.
11.24.135 Boating regulations.
11.24.137 Enforcement by police department—Authority of community services officers.
11.24.138 Violations.
11.24.140 Constitutionality or invalidity.
11.24.005 Purpose and intent.
The purpose and intent of this chapter is to establish and regulate a special use area in the inner lagoon
area ofthe Agua Hedionda Lagoon subject to criminal sanctions. It establishes speed zones, time
restrictions, and other regulations to protect and ensure the safe and enjoyable use ofthe inner lagoon.
These rules and regulations will be enforced bythe Carlsbad police department's police officers and
community service officers.
(Ord. NS-509 § 1,1999: Ord. NS-292 § 1 (part), 1994)
11.24.010 Definitions.
For purposes of this chapter, the definitions set forth in the State Harbors and Navigation Code, Vehicle
Code and California Administrative Code, as amended to date, and as follows, shall apply:
(a) "Personal watercraft area" means that portion north of the red marker buoys at the northwest
end of the inner lagoon, shown as Zone 3 on the Inner Lagoon Survey Zones map on file in the
city clerk's office.
(b) "Powerboat area" means the middle area ofthe inner lagoon, between the personal watercraft
and passive use area, shown as Zones 4 and 5 on the Inner Lagoon Survey Zones map on file in
the city clerk's office.
(c) "Passive use area" means the eastern end ofthe inner lagoon east of red marker buoys, shown
as Zone 6 on the Inner Lagoon Survey Zones map on file in the city clerk's office.
(d) "Slalom course area" means that portion ofthe inner lagoon located parallel to the
southeastern shoreline within both the powerboat and passive use areas, one thousand eight
hundred fifty feet long and no more than one hundred fifty feet north ofthe slalom course and
one hundred fifty feet west ofthe passive use areas, as delineated by marker buoys.
(e) "Interim management plan" means the interim management plan to facilitate the Agua
Hedionda Lagoon Caulerpa Taxifolia Eradication Program, as amended to date, which has been
approved by the city council and is on file with the city clerk's office.
(Ord. NS-631 § 1, 2002: Ord. NS-630 § 1, 2002: Ord. NS-509 § 2,1999: Ord. NS-292 § 1 (part), 1994)
11.24.015 Special use area—Agua Hedionda Lagoon.
Ofthe entire Agua Hedionda Lagoon, consisting of three sections known as outer lagoon, inner lagoon,
and middle lagoon, only the inner lagoon is declared to be a "special use area" defined in California
Harbors and Navigation Code Section 651 authorized for local rules by Section 600(a) as authorized by
California Harbors and Navigation Code Section 660. Use ofthe inner lagoon is subject to the provisions
of this chapter and any regulations adopted by resolution ofthe city council, including any regulations
contained in or established pursuant to the interim management plan.
(Ord. NS-631 § 2, 2002: Ord. NS-630 § 2, 2002: Ord. NS-509 § 3,1999: Ord. NS-292 § 1 (part), 1994)
11.24.020 Lagoon use permits.
(a) It is unlawful to operate any type of vessel on the inner lagoon without first obtaining a city
annual or temporary lagoon use permit issued by the city manager or a designee, or a daily
lagoon use permit issued by the 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 city temporary or daily lagoon use permit.
(b) Lagoon use permits may be denied, suspended, or revoked for failure to comply with the
provisions of this chapter or any regulations adopted pursuant to this chapter, including any
regulations contained in the interim management plan.
(c) The city manager is authorized to establish appropriate procedures, consistent this chapter and
applicable laws and regulations, forthe issuance, denial, suspension, or revocation of a lagoon
use permit. The procedures for issuing a lagoon use permit shall include, without limitation, the
following requirements:
(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 nontransferable;
(4) Those vessels that are required by California department of motor vehicles to obtain
vessel registration shall provide a copy of valid vessel registration;
(5) Lagoon use permits are not required for dredging, research, patrolling or maintenance
by the lagoon owner and/or its representative.
(Ord. NS-631 § 3, 2002: Ord. NS-630 § 3, 2002: Ord. NS-509 § 4,1999: Ord. NS-292 § 1 (part), 1994)
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 pursuant to a
special events permit issued pursuant to Chapter 8.17.
(Ord. NS-509 § 5,1999: Ord. NS-292 § 1 (part), 1994)
11.24.035 Operation of vessels at night.
Between sunset and sunrise the following day, no person shall operate a vessel at speeds in excess of
five miles per hour.
(Ord. NS-292 § 1 (part), 1994)
11.24.050 Inner lagoon—Special use area.
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 personal watercraft, powerboats and passive (non-
motorized) vessels, with transit corridors adjacent to the shorelines for transit to and from these
separate areas.
5'
(2) Personal watercraft are limited to and shall maintain a counterclockwise pattern when in the
personal watercraft 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.
(3) Powerboats are limited to and shall maintain a counterclockwise traffic pattern when in the
powerboat area.
(4) Passive vessels are limited to the passive use area, and shall remain north ofthe slalom course
area when it is in use pursuant to Section 11.24.110
(Ord. NS-509 § 8,1999: Ord. NS-292 § 1 (part), 1994)
11.24.055 Fishing.
(a) Fishing from the shoreline or from a passive vessel shall be limited to the passive use area;
fishing from a powerboat shall be limited to the powerboat area. It is unlawful to cast fishing
lines into any transit corridor or in the traffic pattern of any vessel.
(b) This section shall become operative on January 1, 2008, unless amended or repealed by further
action of the city council.
(Ord. NS-844 § 1, 2007; Ord. NS-749 § 1, 2005; Ord. NS-700 § 1, 2004; Ord. NS-661 § 1, 2003; Ord. NS-
631 § 4, 2002: Ord. NS-630 § 4, 2002: Ord. NS-509 § 9,1999: Ord. NS-292 § 1 (part), 1994)
11.24.056 No anchoring in posted areas.
(a) Notwithstanding any other provision of this chapter and except as otherwise provided in this
section, it is unlawful to anchor a boat in any area of the inner lagoon.
(b) The city manager may allow anchoring in the passive use area or in the powerboat area if the
city manager finds, based on available scientific data, that allowing anchoring in these areas is
consistent with the interim management plan and will not cause the spread of Caulerpa taxifolia
inside or outside of the lagoon.
(c) Nothing in this section precludes a person from anchoring in an emergency situation in order to
prevent personal injury or property damage.
(d) This section shall be operative until December 31, 2007, at which time it shall automatically be
repealed unless extended by further action of the city council.
(Ord. NS-844 § 2, 2007; Ord. NS-796 § 1, 2006: Ord. NS-749 § 2, 2005; Ord. NS-700 § 2, 2004; Ord. NS-
661 § 2 (part), 2003; Ord. NS-631 § 5, 2002: Ord. NS-630 § 5, 2002: Ord. NS-596 § 1, 2001: Ord. NS-595 §
1, 2001)
11.24.057 No large wakes.
(a) Except when necessary for starting and stopping only, it is unlawful to operate a personal
watercraft or powerboat in any area of the inner lagoon in a manner that generates wakes in
excess of twelve inches above the undisturbed water line.
(b) This section shall be operative until December 31, 2007, at which time it shall automatically be
repealed unless extended by further action ofthe city council.
3^
(Ord. NS-844 § 3, 2007; Ord. NS-796 § 3, 2006; Ord. NS-749 § 3, 2005; Ord. NS-700 § 3, 2004; Ord. NS-
661 § 2 (part), 2003; Ord. NS-631 § 6, 2002: Ord. NS-630 § 6, 2002)
11.24.058 Compliance with lagoon closures under interim management plan.
(a) Notwithstanding any other provision of this chapter, it is unlawful to enter or to cause a
personal watercraft, powerboat, or passive vessel to enter any area ofthe inner lagoon that is
closed for survey or eradication work under the interim management plan.
(b) Nothing in this section precludes the entering into a closed area of the inner lagoon in an
emergency situation in order to prevent personal injury or property damage.
(Ord. NS-631 § 7, 2002: Ord. NS-630 § 7, 2002)
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 vessels with a valid city permit may be launched at any public access;
(3) It is unlawful to launch any personal watercraft or powerboat from any public access.
(Ord. NS-509 § 10,1999: Ord. NS-292 § 1 (part), 1994)
11.24.075 Maximum number of vessels on the water.
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 forty vessels in the passive use area, nor
thirty vessels in the powerboat area. The maximum number of personal watercraft using the personal
watercraft area at any one time shall not exceed fifteen. The maximum number of boardsails using the
passive use area at any one time shall not exceed twenty.
(Ord. NS-509 § 12,1999: Ord. NS-292 § 1 (part), 1994)
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 powerboats, eighteen feet or less for passive vessels and
twelve feet or less for personal watercraft. Notwithstanding the foregoing, powerboats used for skiing
may be twenty-three feet if the manufacturer's certified slalom wake rise rating is less than nine inches.
(Ord. NS-509 § 13, 1999: Ord. NS-292 § 1 (part), 1994)
11.24.085 Prohibited uses.
The city reserves the right to limit the type of vessels and aquatic uses ofthe lagoon. The following type
of vessels or uses are not allowed on the inner lagoon:
(1) Parasails;
(2) Hovercraft (except for official use);
(3) High profile cabin cruisers;
(4) Motorized surfboard-like vessels;
(5) No aircraft shall land on takeoff from the water or public shoreline and public accesses;
(6) No aquatic vessel races, ski meets, vessel parades or other aquatic special events on the water
are allowed except as authorized by a special events permit obtained pursuant to Chapter 8.17
(7) No permanent mooring a vessel;
(8) No swimming or wading, except in conjunction with other permitted activities under this
chapter;
(9) This section is not intended to apply to the lagoon owner and/or its representative, the state,
county, city or other political subdivision ofthe state. The city does not intend to regulate
maintenance, dredging, research, patrol, utility and other vessels authorized by lagoon owner
and/or its representative for its uses in the lagoon.
(Ord. NS-509 § 14,1999: Ord. NS-292 § 1 (part), 1994)
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 containers.
(Ord. NS-292 § 1 (part), 1994)
11.24.110 Water-ski slalom course.
The following shall apply when daylight savings time is in effect (April through October): The slalom
course area may be used in two directions between sunrise and ten a.m. daily. After ten a.m. the slalom
course area will be closed and unlawful to use. Each pass made through the slalom course area, when
closed, shall constitute a new and separate offense. Between sunrise and ten a.m. daily, powerboats
and skiers shall comply with the following procedures:
(1) No vessel may enter through the slalom course area when another powerboat 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 not less than fifty feet at the west end ofthe 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 speeds less than five miles per hour 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.
(3) If your skier falls during a pass, the boat must return at a safe speed to pick up the skier. Each
skier is allowed two falls per pass. A failed attempt to get up is to be considered a fall.
(4) It is unlawful to pull more than one skier within the boundaries ofthe designated slalom course
area.
(5) 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.
(6) In the event of any dispute or question as to what constitutes a safety or liability concern, the
decision ofthe city shall be binding and conclusive.
5^
When Pacific standard time is in effect (November through March), all ofthe aforementioned slalom
course rules shall remain in effect with the exception ofthe time restriction.
(Ord. NS-509 § 17,1999: Ord. NS-292 § 1 (part), 1994)
11.24.115 Boats and skiers.
Boats and skiers shall comply with the following rules and procedures:
(1) Boats shall maintain a counterclockwise pattern in the powerboat area.
(2) No takeoffs or drop-offs are allowed in the personal watercraft area, vessel corridors, or passive
use area at any time.
(3) Takeoff traffic shall standby until the way is safe and clear before starting.
(4) All drop-offs shall be done parallel to the shoreline; the boat shall not "hook," instead it shall
remain parallel to the shoreline; once the skier drops off, the boat shall stop, draw in the
towline and when safe, make a small counterclockwise turn back to the desired beach location.
(5) The maximum number of towlines used behind any boat shall be two; the maximum number of
skiers behind any boat shall be two.
(6) When towing two skiers and one skier falls, the second skier shall let go of the towline. The boat
shall then follow established procedure and safety precautions for skier pick-up and takeoff
procedures.
(7) No unattended ski equipment may be left in the lagoon.
(8) Towing of any object or aquatic device (excluding water skis and wake boards) is subject to
approval by the city, in advance.
(9) No boat shall pull into the beach with tow line dragging behind.
(10) Vessel racing is prohibited unless approved in accordance with Section 11.24.085
(Ord. NS-509 § 18,1999: Ord. NS-292 § 1 (part), 1994)
11.24.120 Establishment of vessel transit corridors.
When buoys are placed out from the shoreline to establish vessel transit 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. No towing of any aquatic device or person is allowed between
the buoys and the shoreline. No water ski takeoff is permitted in the transit corridor, between the buoys
and the shoreline. No mooring, anchoring or beaching a vessel is allowed in the transit corridor between
sunset and sunrise.
(Ord. NS-509 § 19,1999: Ord. NS-292 § 1 (part), 1994)
11.24.125 City's liability—Use of areas at own risk.
The city declares its purpose in adopting this chapter is safe conduct among the users ofthe Agua
Hedionda Lagoon. The city council does not expand its 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. NS-292 § 1 (part), 1994)
35
11.24.130 Compliance with chapter, regulations and orders.
(a) It is unlawful for any person to violate any provision of this chapter, including to refuse to follow
or comply with regulations adopted pursuant to this chapter, or with any lawful notice, sign,
order, warning signals, or lawful direction of a police officer, community services officer, or
lifeguard, except for the purpose of making a rescue.
(b) It is further unlawful for any person to deface, injure, knock down or remove any notice, sign, or
warning placed for the purpose of enforcing the provisions of this chapter, or regulations
adopted pursuant to this chapter.
(c) Operators of vessels on the lagoon shall, upon approach of a marked enforcement vessel
displaying a blue light, immediately yield the right-of-way to the enforcement vessel and, upon
direction ofthe operator of the enforcement vessel, come to a stop.
(Ord. NS-631 § 8, 2002: Ord. NS-630 § 8, 2002: Ord. NS-509 § 20,1999: Ord. NS-292 § 1 (part), 1994)
11.24.135 Boating regulations.
The city council may by resolution establish boating regulations for the inner lagoon.
(Ord. NS-509 § 21,1999: Ord. NS-292 § 1 (part), 1994)
11.24.137 Enforcement by police department—Authority of community services officers.
(a) Except for the issuance, denial, suspension, or revocation of lagoon use permits under Section
11.24.020, which shall be administered by the city manager or a designee, the police
department shall enforce this chapter, including any regulations adopted by the city council
pursuant to this chapter, along with any violation ofthe California Harbors and Navigation Code,
Penal Code, Vehicle Code, and their implementing regulations, pertaining to the inner lagoon.
(b) If a Community Services Officer III is assigned by the police chief or a designee to patrol the
inner lagoon, the officer is charged with enforcement ofthe above laws and regulations and
authorized and empowered to act pursuant to Penal Code Sections 836.5 and 853.6 to arrest or
issue a citation to any person without a warrant whenever the officer has reasonable cause to
believe that the person has committed a violation these laws and regulations and the violation
was committed in the officer's presence.
(Ord. NS-631 § 9, 2002: Ord. NS-630 § 9, 2002: Ord. NS-509 § 22,1999: Ord. NS-297 § 1,1994)
11.24.138 Violations.
Violations of this chapter, or any regulations adopted pursuant to this chapter, are subject to the
provisions of Chapter 1.08 of this code.
(Ord. NS-631 § 10, 2002: Ord. NS-630 § 10, 2002)
36,
11.24.140 Constitutionality or invalidity.
If any section, subsection, 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
ofthe 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. NS-292 § 1 (part), 1994)
EXHIBIT 6
Carlsbad, California, Code of Ordinances
Title 11 - PUBLIC PROPERTY
Chapter 11.32 PARKS AND BEACHES
Sections:
11.32.010 Parks—Scope.
11.32.015 Definitions.
11.32.020 Beaches—Scope.
11.32.030 Unlawful acts.
11.32.040 Glass containers on beach—Prohibited.
11.32.050 Public dances.
11.32.060 Violations—Seizure of property.
11.32.070 Carlsbad Seawall—Pedestrians only.
11.32.080 Restriction of areas for exclusive use of surfboards.
11.32.090 Hours surfboarding is prohibited.
11.32.100 Application of Sections 11.32.080 and 11.32.090 to lifesaving devices.
11.32.110 Smoking in public parks and beaches—Prohibited.
11.32.010 Parks—Scope.
For the purpose of this chapter, parks shall include all dedicated parks, parks established by adverse
uses, planted areas open to the general public, parks on leased property, trails open to the general
public, planted parkways, triangles, and traffic circles maintained by the city, except parkway strips
between curb and sidewalk or behind curb, along the several streets and highways ofthe city.
(Ord. NS-894 § 1, 2008: Ord. 3222 § 2 (part), 1987)
11.32.015 Definitions.
Whenever the words "park" and "vehicle" are used in this chapter, they shall have the meaning ascribed
to them in Chapter 10.04 of this code.
(Ord. No. CS-022, 2-10-2009)
11.32.020 Beaches—Scope.
Forthe purpose of this chapter, beaches shall include all beach areas bordering the Pacific Ocean, the
Batiquitos Lagoon, the Buena Vista Lagoon and the Agua Hedionda Lagoon.
3gp
(Ord. 3222 § 2 (part), 1987)
11.32.030 Unlawful acts.
It is unlawful for any person to do any of the following mentioned acts in or upon any park or beach
within the city:
(1) To dump or deposit any trash, refuse, rubbish, litter, or other kind of waste materials, except in
approved containers specifically placed and designated to receive such waste materials;
(2) To start or maintain any fire, except in such areas as are specifically designated by the city
manager for such fires, including stoves, barbecue pits, fire rings and the like;
(3) To commit any act of vandalism, including the damaging or destroying of trees or their leaves,
limbs or branches, bushes, shrubbery, equipment, signs, buildings or rooms, or to tear down or
to deface the same, or to pick any crops, fruit or flowers in any portion of such public park or
beach;
(4) To bring into or use any firearms or air or gas or spring-propelled guns, sling shots, bows and
arrows, except that bows and arrows may be permitted in such portions of public parks or
beaches which are specifically designated by the city manager for archery or other projectile-
throwing devices;
(5) To discharge or set off firecrackers, torpedoes, rockets or other fireworks except where a special
event permit has been granted pursuant to Chapter 8.17
(6) To stable, pasture or keep animals or insects;
(7) No person shall bring into a public park or beach any cattle, horse, mule, goat, sheep, swine, cat,
other animal, fowl or reptile of any kind except as hereafter specifically provided or as otherwise
permitted by the city manager or his/her designee or with a valid special event permit or park
and facility use permit;
(8) To enter any portion of a public park or beach in the city, or buildings or portions thereof in such
public parks and beaches which are posted with signs stating "no entry," "keep out," "no
trespassing," "closed area" or other prohibition of entry;
(9) To enter any portion of or be in a public park or beach in the city at a time of the day, or on a
day ofthe week, when such entry is prohibited by a clearly legible sign posted at each entrance
to such public park or beach. The city manager is given authority to post such signs;
(10) To park any vehicles or trailer in any public park or beach in the city, except in areas specifically
designated as parking areas by the city manager or his/her designee;
(11) To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal or fowl of any kind.
Dogs are not allowed in Carlsbad's parks or on Carlsbad's beaches.
Notwithstanding any other provisions of this chapter, this section does not apply to Batiquitos Lagoon,
Buena Vista Lagoon or Agua Hedionda Lagoon.
This prohibition does not apply to a dog accompanying an unsighted person, or other person who by
reason of medical necessity must be accompanied by a dog, dogs while assisting peace officers in law
enforcement duties, dog parks or other areas specifically designated for dog use by the city council, or
to dogs participating in shows or obedience classes authorized by the Carlsbad community services
department on specified areas of parks or beaches.
This prohibition does not apply to Leo Carrillo Ranch Historic Park with a valid park and facility use
permit issued by the city manager or his/her designee authorizing one or more horses, ponies, or horse
drawn carriages;
(12) To construct or erect on any portion of a public park or beach in the city any building, fence or
structure of whatever kind, whether permanent or temporary in character, or run, or string or
install any public service utility into, upon or across such lands, except on special written permit
of the city manager or his/her designee as to temporary items and of the city council as to
permanent items. Each day such condition exists shall constitute a new and separate offense;
(13) To park or stand any vehicle or trailer in any public park in the city between the hours of 11:00
p.m. and 5:00 a.m. daily, except as permitted by the city manager or his/her designee;
(14) To cut and remove any wood or to remove turf, grass, soil, rock, sand, gravel or fertilizer;
(15) To camp or lodge in any park or beach except in those areas designated and posted as camping
sites by the city manager or his/her designee;
(16) To play or engage in any sport or sporting event in any picnic area;=
(17) To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition;
(18) For any groups consisting of twenty-five or more persons to hold, conduct or participate in any
celebration, parade, service, picnic, exercise, or other special event without having first obtained
an approved park and facility use permit. This subsection shall not apply to any beach in the city;
(19) To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper, or
advertising device or matter of any kind;
(20) To sell or offer for sale or to rent or lease any merchandise, article or thing, whatsoever, unless
granted a valid special event or park and facility use permit issued by the city council or his/her
designee;
(21) To practice, carry on, conduct or solicit for any trade, occupation, business or profession of
whatsoever kind or character without permission of the city council or city manager;
(22) To use or operate any vehicles at any time, except as permitted by the city manager, or his/her
designee, in a park, designated streets or parking areas or as part of a supervised recreational
activity or as authorized by the owners of the outer lagoon. This subsection does not apply to
officers, agents or employees ofthe United States, the state of California, the city, or public
utility companies or other local government agencies, when they are using motor-powered
vehicle in the performance of their official duty, nor to the use of motor-powered vehicle in
emergencies when it is necessary to use them for the preservation or protection of life or
property, nor to utility companies using motor-powered vehicle for the installation,
maintenance, repair or servicing of utility lines, generation, intake and outfall facilities, cooling
water resources and other related facilities;
(23) No person shall allow any dog owned by him or any dog subject to his control, custody, or
possession, to enter upon any park within the city; provided, however, that this subsection shall
not apply to dogs participating in shows or obedience classes authorized by the Carlsbad
community services department in specified areas of parks, dog parks or other areas specifically
designated for dog use by the city council. No person shall allow or permit any dog to destroy
any real or personal property or to commit a nuisance on any park property. It is the duty of
persons having control of a dog to curb such a dog while in a park area;
40
(24) No person who is over six years of age shall enter or use any water closet, restroom, dressing
room or other facility designated for exclusive use by persons of the opposite sex in a public
park or beach;
(25) For any person to assemble, collect or gather together in any walk, passageway or pathway set
apart for the travel of persons through any park or beach or to occupy same so that the free
passage or use thereof by persons passing along the same shall be obstructed in any manner;
(26) Nothing herein contained shall prevent the operation of motor vehicles and free right of public
access over, or across any validly dedicated public street or road in the city;
(27) No person shall play or practice golf or swing any golf club within any park within the city,
except in such areas and to the extent as may be authorized by posted signs authorized by the
city manager or his/her designee;
(28) To sell or offer to sell food, or barter for or solicit a donation for food, without a valid park and
facility use permit or special event permit, all applicable health permit(s) issued by County of
San Diego Department of Health, and if required, a City ofCarlsbad Business License. This
subsection shall not apply to any state, county or local government entity or other political
subdivision;
(29) To use any inflatable commonly known as "jump house," "bounce house," "jump bouncers,"
"bouncy houses," "fun houses," or similar device without a valid park and facility use permit or
special event permit. For purposes of this subsection, jump house, bounce house, jump
bouncers, bouncy houses, fun houses, or similar is a structure that when inflated by a blower or
similar inflating takes on a particular form where a person can bounce, jump, climb and slide on
the inflatable device. The inflatable devices normally have safety features built into the design
and are rugged with reinforced construction;
(30) The temporary construction or use of a water slide, slip and slide, dunk tank, merry-go-round
and climbing wall is prohibited except by permission of the city manager or his/her designee;
(31) To use radio or remote controlled cars or similar devices, excepting the beach area west of
Carlsbad Boulevard, between Palomar Airport Road and Solamar Drive;
(32) To use radio or remote controlled model aircraft or similar devices excepting the beach area
west of Carlsbad Boulevard, between Palomar Airport and Solamar Drive, and excepting on any
park's natural turf baseball fields from 8:00 a.m. to 2:00 p.m., only if a scheduled league game or
practice is not occurring, or as otherwise permitted by the city manager or his/her designee
provided appropriate signs are installed giving adequate notice of such excepted areas.
(Ord. NS-557 § 1, 2000; Ord. NS-286 § 5 (part), 1994; Ord. NS-56 § 3,1989; Ord. NS-51 § 1,1989; Ord.
3222 § 2 (part), 1987)
(Ord. No. CS-022, 2-10-2009; Ord. No. CS-077,1-26-2010)
11.32.040 Glass containers on beach—Prohibited.
(a) It is unlawful for any person to have, possess or use any cup, tumbler, jar, bottle or container
made of glass and used for carrying or containing any liquid for drinking purposes on any beach,
any park or on any street, sidewalk, alley, highway, or parking lot immediately adjacent to such
park or beach except by permission of the city manager or his/her designee.
(b) No person who has in his or her possession any bottle, can or other receptacle containing any
alcoholic beverage which has been opened, or a seal broken or the contents of which have been
partially removed, shall enter, be or remain on any beach or on any street, sidewalk, alley,
highway, bluff top or parking lot immediately adjacent to such beach except by permission of
the city manager or his/her designee.
(Ord. NS-49 § 1,1988; Ord. 3222 § 2 (part), 1987)
(Ord. No. CS-022, 2-10-2009)
11.32.050 Public dances.
It is unlawful for any person to present, conduct, hold, or participate in any public dance on any beach,
park, navigable water area, or public right-of-way or city-owned property without first having obtained
the permission therefor from the city council.
(Ord. 3222 § 2 (part), 1987)
11.32.060 Violations—Seizure of property.
The city manager, city police, or employees ofthe community services department shall have the
authority to seize and confiscate any property, thing, or device used in violation ofthe terms of this
chapter.
(Ord. NS-286 § 5 (part), 1994; Ord. 3222 § 2 (part), 1987)
11.32.070 Carlsbad Seawall—Pedestrians only.
The Carlsbad seawall sidewalk at the base of the bluff adjacent to Carlsbad State Beach between
Tamarack Avenue and Pine Street shall be limited to pedestrians only. No person shall ride skateboard,
inline skates, roller skates, toy vehicle, coaster, or similar form of transportation on the Carlsbad seawall
sidewalk. Law enforcement personnel shall be exempt from the provision of this section when in the
performance of their duties.
(Ord. NS-152 § 1,1991: Ord. 3222 § 2 (part), 1987)
(Ord. No. CS-139, § 3, 5-10-2011)
11.32.080 Restriction of areas for exclusive use of surfboards.
The council determines that the unrestricted operation of surfboards and similar devices in that portion
of the Pacific Ocean immediately adjacent to the public bathing beaches within the city, constitute a
serious hazard and a threat to the safety of many thousands of bathers, particularly during the period
between the fifteenth day of May and the first day of October. In order to reduce such hazard and
promote public safety during such periods, it is essential that the operation of surfboards and similar
devices be restricted within that portion ofthe Pacific Ocean most frequented by persons using the
public beaches. The chief of police, in conjunction with the District Lifeguard Supervisor, District VI of
the State Department of Natural Resources of Beaches and Parks, is authorized and directed to
ascertain, designate, post and mark from time to time, areas for the use of surfboard riding exclusively.
(Ord. 3222 § 2 (part), 1987)
11.32.090 Hours surfboarding is prohibited.
It is unlawful for any person to ride, use or otherwise employ a surfboard or similar device in the surf
along the beaches ofthe city between the hours of eleven a.m. and five p.m.. Pacific Standard or
Daylight Savings Time (whichever is in use) between the fifteenth day of May and the first day of
October of any calendar year. Except that it is lawful to surfboard ride at any hour in any area
ascertained, designated, posted and marked by the chief of police and the District Lifeguard Supervisor,
District VI of the State Department of Natural Resources, Division of Beaches and Parks for the use of
surfboard riding exclusively, pursuant to this chapter.
(Ord. 3222 § 2 (part), 1987)
11.32.100 Application of Sections 11.32.080 and 11.32.090 to lifesaving devices. Sections 11.32.080 and
11.32.090 shall not apply to those surfboards or other devices used by or under the direction of the
lifeguards for lifesaving purposes or for training purposes.
(Ord. 3222 § 2 (part), 1987)
11.32.110 Smoking in public parks and beaches—Prohibited.
It is unlawful for any person to smoke, including emitting or exhaling the fumes of any pipe, cigar,
cigarette or any other lighted smoking equipment used for burning any tobacco product, weed or plant,
or carry or hold a lighted pipe, cigar, cigarette or other lighted smoking products used for burning any
tobacco product, weed or plant in a public park or public beach except in areas designated by the city
manager, and indicated by signage, as smoking areas. The provisions of this chapter do not apply in any
circumstance where federal or state law regulates smoking, if the federal or state law is more restrictive.
(Ord. NS-894 § 2, 2008)
^3
EXHIBIT 7
August 22, 2012
City of Carlsbad
City Attorney
Ronald R. Ball
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Department of Code Enforcement
2965 Roosevelt Street, Suite B,
Carlsbad, Califomia 92008.
Department of Transportation
Attn: Bryan Jones
1635 Faraday Ave
Carlsbad, CA 92008
Police Department
Attn: Lt. May
2560 Orion Way
Carlsbad, CA 92010
The HOA's of Bayshore @Auga Hedionda and Laguna Shores, whose
communities are both located on Bayshore Dr., are writing to ask the city to help
US with three categories of issues that are rapidly getting out of control and
impinging on a quality of life that we as homeowners have enjoyed until recently.
Our issues include:
1) Code enforcement
2) Traffic management and safety
3) Beach erosion exacerbated by increased public use of Agua Hedionda beach
at Bayshore Dr.
Over the last 2-3 years, with the emergence of paddle boarding on Agua Hedionda,
the beach at the end of Bayshore Dr. has been "discovered". This discovery has
resulted in large increases of beachgoers and lagoon users including those from
outside the city and the county. Along with significant increases of people and
vehicles have come countless violations of existing municipal codes. Traffic has
encroached on our communities and has created real safety concems in the general
area. Our HOA's do not have issues with respectful use of this public beach
however there have been too many incidents of that not being the case. Below is a
list of continual code violations and other concems. We have attached a few
pictures representing our concems as well.
1) Parking on both sides of Bayshore Dr. makes it very difficult to have two
cars simultaneously ingress and egress especially when vehicles are
being loaded/unloaded for the beach in the middle of the street.
Beachgoers often unload belongings onto the street and will walk in the
street to get to the beach. This represents a significant safety concem
requiring local residents to navigate their cars (to include stop and yield
to those walking in the street) with much more caution then accustomed
to in prior years, (pictures attached).
2) Users of the lagoon often park their vehicles such that they block street
comers and sidewalks to our communities. Not only is the parking
creating access issues but significant visibility issues as well, (pictures
attached)
3) Similarly, vehicles park on the comers of Bayshore Dr. and Park Ave.
also blocking visibility and sidewalk access.
4) Dogs off leashes on the beach and throughout the area (our properties) is
a constant problem. This area has become known by dog owners as a dog
beach. Dogs are not allowed on other beaches in Carlsbad. Why are they
allowed at this one? In-city and out-of-city residents bring their dogs here
to mn off leash rather than in city dog parks, (code violation)
5) The lagoon is rapidly becoming a "swimming hole" with beachgoers
bringing children exclusively for that activity. People are even coming
from out of county to "go swimming", (code violation and pictures
attached)
45
6) Unregistered water vessels (kayaks and boards) are being launched from
the beach and used on the lagoon without city permits, (code violations )
7) Alcohol consumption on the beach (day and night -mostly weekends),
(code violation)
8) We know of a three of paddle board rental/lesson businesses operating
from the Bayshore Dr. and the beach. A list is attached. In fact 2 Stand
Up Guvs list their address as 4700 Bayshore Dr on their web site (copy of
web page attached). Were City of Carlsbad permits granted for these
businesses? Are their paddle boards registered with the city as required
by code if used on the lagoon? Even if permits were granted, this has
resulted in traffic increases which does not seem to have been accounted
for by the city.
9) Motor boats and jet skis are violating passive boating lanes and beaching
on shore line adjacent to our properties (picture attached).
10) Trespassing, littering, and destmction of property, etc. With the
increase in beach use, our communities have had to contend with
numerous issues including trespassing and destmction of property. Some
issues have resulted in verbal confrontations with beachgoers.
Bayshore@Agua Hedionda HOA has two ponds that the public likes to
use to clean their feet, dogs and beach gear resulting in damage and
additional maintenance expense. Beach gear is staged on and in our
landscape resulting in its destmction and cost to us. Split rail fencing has
been disassembled and used for beach fires, more cost to us. Beer cans
and other debris on our property from beachgoers is a constant challenge
for us. Residents of both HOA's have observed beachgoers urinating in
public which represents both a public health issue as well as a pubic
decency issue.
11) Over the last 10 years there has been significant erosion to the beach
front and we as HOA's have to make plans for when the beach finally
reaches the "public path" on our properties. We believe public traffic
along the bluff (tents, etc.) and motorized watercraft on the shore line
will accelerate that erosion leaving our HOA's to deal with the
consequences e.g. repairs and cost.
To summarize: This lagoon beach area has been adopted by in-city and out-of-city
residents as: 1) a place of business 2) a park 3) a swimming hole, 4) a dog park and
5) launch point for unregistered water vessels. The resulting motor vehicle traffic
creates safety issues. The human traffic results in property damage and health
concems. Lack of oversight and code enforcement by the city has created severe
problems for local residents and has negatively impacted quality of life. Over time
these issues can have a negative impact on property values as well.
We have a number of suggestions in dealing with these issues but think they could
be best addressed after your evaluation. We would be happy to meet with city
officials on or off site at your convenience. Thank you for your attention. It is best
to contact us through our HOA management companies at:
Bayshore(g)Agua Hedionda
Property Advantage
5142 Avenida Encinas
Carlsbad, Ca 92008
Contact: Shannon McMurray
Ph. 760-438-9545 xl08
Fax 760-438-6886
Laguna Shores
Guardian Management
2604-B El Camino Real Ste. 378
Carlsbad, Ca 92010
Contact: Sharon Briskin
Ph. 760-918-1660
Fax 760-730-1452
Sincerely,
Charlie Heam
Board Member
Bayshore(@Agua Hedionda HOA
41
Adopt Resolution Directing Staff to Perform a Comprehensive Investigation Into All Agua Hedionda Lagoon Use and Property Ownership Bordering the LagoonChris Hazeltine and Mick CalarcoJune 10, 2014
Aerial View
Inner Lagoon Use Areas
History•March 4, 1957 –City and SDG&E (now NRG) enter a 5 year lease for recreational use–City accepts all liability and agrees to protect, indemnify, and hold SDG&E harmless–City given rights to issue permits, terms and conditions to enter or use inner lagoon–Lease amended in 1962, renewed in 1975, and amended again in 1995–Term of current lease is 60 years (expires 2035)
History•April 1, 1962 –SDG&E lease amended to include middle lagoon•Aug. 24, 1976 –City grants permission to Snug Harbor operator to test speedboats on the lagoon
History
History•May 20, 1980 – Agreement with Bristol Cove Property Owners Association for Agua Hedionda Lagoon use and access•May 20, 1980 –Parks & Recreation Department funding request approved for patrol boat and equipment
History•Nov. 6, 1980 – Snug Harbor Marina operating agreement between City and Dr. Sarkaria–Nonexclusive launching and marina rights–Operator issues and checks permits and collects fees ($1 per boat launched)•Dec. 1991 – Insurance requirement for boat launch repealed (public navigable waterway)
History•Oct. 11, 1994 –YMCA leases middle lagoon directly with SDG&E•Sept. 9, 1999 –Lagoon enforcement responsibility transferred from Parks & Recreation to Police•Aug. 2010 –Parks & Recreation replaced buoys as needed
History•June 2013 – Responding to ongoing neighborhood concerns, the Parks & Recreation Department begins to periodically staff Bayshore Drive access and provides public outreach, education and vessel permits during peak summer use
History
History
History•Aug. 22, 2013 – California Watersports, and Bayshore @ Agua Hedionda Lagoon and Laguna Shores residents continue to express concerns about lagoon use impacts•Jan. 2014 –Inter‐departmental team formed to study issue and make recommendations on lagoon management strategies
Non‐Permitted Lagoon Use•Non‐permitted businesses on the lagoon–Stand Up Paddleboard (the new craze!)–No formal use agreement similar to Snug Harbor•Transient commercial use–Paddleboard lessons and equipment rental
Ordinance and State Codes•Chapter 11.24 CMC –Agua Hedionda Lagoon•Chapter 11.32 CMC –Parks & Beaches–How does it pertain to the lagoon?
Ordinance and State Codes•California Harbors and Navigation Code–Section 660 (a) only allows regulation of time of day, speed zones, special use areas, and sanitation and pollution control–Are we legally able to permit and regulate commercial use on the lagoon?
Ordinance Violations•Illegal parking•Dogs off leash•Swimming and wading in the lagoon•Commercial use•Off hours use (slalom course)•“Beach” use –erosion and environmental impacts
Ordinance Violations
Ordinance Violations
General Liability Insurance•California Department of Boating and Waterways objected to city’s insurance requirement•Ruled city was imposing an illegal requirement on concessionaire•General liability insurance requirement should be investigated as part of this inquiry
Waterski Slalom Course•Extends from powerboat area into the passive use area, resulting in mixed power and passive vessel use
Recommended Action•If the City wishes to continue managing and permitting lagoon use, direct staff to perform a comprehensive investigation into all Agua Hedionda Lagoon use and property ownership bordering the lagoon, and return to Council with a proposed overhaul of existing policies, regulations, and agreements