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HomeMy WebLinkAbout2004-08-16; Parks & Recreation Commission; 804-8; Bicycle Use on Batiquitos Lagoon TrailPARKS & RECREATION COMMISSION - AGENDA BILL I ~__~ ~ BEVERLY/ STAFF: KETABIAN AB# BICYCLE USE ON BATlQUlTOS LAGOON ECOLOGICAL RESERVE NORTH SHORE TRAIL u ACTION 804-8 I TITLE: I INFO I MTG. DATE: 08/16/04 1 REQUEST FOR INFORMATION REGARDING I - I Accept and file staff report. During the June 2004 meeting, Commissioner Schulberg requested that the Commission be informed at it’s next meeting with regards to a citizen request made to the California Department of Fish and Game Commission to allow bicycles on the Batiquitos Lagoon Ecological Trail. (Exhibit 1) Currently, there are 123 Ecological Reserves designated in Section 630, Title 14 of the California Code of Regulations for the purpose of protecting sensitive habitats and species. This month, 11 new reserves are being considered for inclusion to this listing. The reasons for listing these properties in Title 14 are to regulate public use and provide the best available protection for the species and habitats the properties were acquired to protect. Since the properties contain sensitive species and important vegetation protected lands, it is necessary and appropriate to prevent improper use and degradation of wildlife resources. In order to do this efficiently, the Department has a set of general regulations, which apply to all ecological reserves. The department may write specific regulations for individual properties, as it considers appropriate, to give an additional level of protection or to permit specific public uses not governed by the general regulations. With respect to the Batiquitos North Shore Trail, the Department of Fish and Game has recommended heretofore, and the California Fish and Game Commission has concurred that prohibiting the use of bicycles on the trail is necessary, from a resource management perspective, in order to protect the habitat or species that the property supports. Perhaps secondary to resource management, the prohibition of bicycles from the trail may have been recommended from a safety perspective. Regardless, currently the use of bicycles is prohibited from the Batiquitos Lagoon Trail, and the decision to do that was made by the regulatory agency that governs the use of that area, namely the Department of Fish and Game. At this particular time, staff is aware that a request to rescind this regulation has been made and was schedule to be considered at the April California Fish and Game Commission. It is also staffs understanding that there has been opposition to this request and that the item had been rescheduled from the April Commission Meeting. (Exhibit 2) From a staff perspective, the governing agency for this area is the Sate of California and whatever regulations are imposed on this resource area, we are compelled to abide by and assist in the enforcement of, when necessary. Furthermore, a question was posed of staff, “What would happen if this same situation were to apply to the Carlsbad Citywide Trail System, or more specifically, the Sea Wall Walkway?” The staff response to that specific question would be as follows: Bicycles are prohibited by Carlsbad City Ordinance as a mode of transportation along the sea wall. The principle factor in creating that ordinance was to ensure the safety of the users of that amenity. By invoking that ordinance, accessibility to the walk way has not been denied; however, for the safety of its users, certain modes of transportation have been. Consequently, any reference to violation of the Americans with Disabilities Act would not be considered legitimate. I Staff will give an update to the Commission on this issue and be available to answer specific questions. I 1. June 3, 2004 Coast News Article with attached California Fish and Game Commission Agenda - April 1-2, 2004 2. Email correspondence from Kelly Caine to Liz Ketabian - April 1, 2004 Disabled man wimts bike allowance BY RAAM WONG Stuff Writer CARISBAD -In August the California Fish and Game Commission will consider loos- ening rules at Badquitos Lagoon as a result of a request submit- ted by a disabled man who said he is barred from traveling on the two wheels that he says he requires to get around the lagoon. The catch is that 68-year-old Marc Sandstrom’s wheels aren’t attached to a wheelchair, hut rather a bicycle, which is prohib ited at the ecological reserve. “The only way I can use the lagoon trail and enjoy the pre- serve is by bike,” Sandstrom said. Having had four hip replacements, Sandstrom said zis doctors have advised him to woid walking more than a mile. Cycling, therefore, is a bet- :er form of exercise for him, as it mevents significant impact on ~s hips, he said. Ke kas a handicap placard n his car; now; Saqdstrom wants ne on his bike. The esident wants the commis 3 provide him with special ccommodation at the lagoon nder the Americans with lisabilities Act, or ADA. Sandsmm said he does not ant to open the preserve up to dists; he simply wants to ‘be de to enjoy the 1agoon;which just a block away from his )me. “Out of common courtesy id passion, the- [state] should ! encouraging use of the trail,” tndstromsaid. ’ Bikes have always been pro- bited at the preserve, but only the last few years have volun- - ?IS from the foundation been forcing the policy, said Seth hulberg, president of the tiquitos Lagoon Foundation. The bike ban is essential =use the preserve is home to xolcimately 185 species of ds including the nonmigrato- Belding’s Savannah sparrows, ich are considered endan- ed by the state and federal ernments, Schulberg said. There is an approximately .foot buffer between the wet- d and the trail. ...- 1 .. ans, forcing cyclists off the trail into native habitat such as pick- leweed, where the endangered sparrows are known to nest, Schulberg said. The off-trail maneuvers can have the effect of creating new paths that attract hikers and fur- ther degrade wetland habitat, Schulberg said. “By definition, an ecological reserve is sup- posed to benefit animals first and people second.” Schulberg said that cyclists also present a hazard to pedes- trians, citing a woman last year who broke her wrist when she was hit from behind. ADA guide- lines don’t trump safety con- cerns, Schulberg added. “We fund-raise and provide volunteer labor work to assure access to the members of our community that use wheel- chairs, walkers and crutches,” Schulberg wrote in a letter to the Fish and Game Commission. “Bicycles are different.” Tim Dillingham, the manag- er of the reserve, could not be reached for comment. Sandstrom maintains an exception should be made for him, and the commission will consider the, issue in San Luis Obispo on Aug. 27. “I’m not a Lance Armstrong trying to see how fast I can get up mils,” Sandstrom said. He added that he would be willing to. avoid the preserve when it was most crowded - on weekends and holidays - and would continue staying on the trails. But allowing one biker to use the preserve would encour- age others to do the same, Schulberg said. For example, the biological monitoring boats that are (Turn to Bike, A26) 1 Bike Continued porn A 7 sometimes used in the lagoon often provoke others to bring their kayaks out into the water, another prohibited activity. ‘‘We the foundation likes to compromise in most every instance, the issue of bikes qt the lagoon is really an either/oqitu- ation,” Schulberg said. +h;’ I To contact the Department: of Fish and Game, send lettep tto 1416 Ninth St., P.O. Box 944 20! , Sacramento, CAY 94244. FiFr information, visit, www.batiq{i- tosfoundation.org. Contact Carlsbad reporter Raam Wong at wong@thecoastnews.com. I EXHIBIT 1 ~ ~- California Fish and Game Commission Apd 1-2,2004 M... http://www.dfg.ca.gov/fg~comm/2004/040104agd.hp. California Home Thursday, March 25, 2004 Fish and Game Commission Home Paae 2004 Commission Meetinas 2004 Subcommittee Meetinas New and ProDosed Regulations Reaulations Strategic Plan Commission Policies - New6 Contact information DeDartment of Fish and - Game California Fish and Game Commission 1416 Ninth Street 13 c MyCA 6 SearchDFG \ 0 CPA)'J Sacramento, California 95814 (916) 653-4699 ( ylb h53-Svq -- - April 1-2 ,2004, Meeting Agenda Meeting of Resources Building Auditorium* April I, 2004 (Thursday) 1416 Ninth Street 1O:OO a.m. Sacra men to AGENDA ALL MEETINGS OPEN TO THE PUBLIC DISCUSSION ITEMS NOTE: Items may be heard on either day and in any order pursuant to the determination of the Commission President. 1. 2. 3. 4. 5. 6. 7. 8. PRESENTATION OF A RESOLUTION BY WILDLIFE CONSERVATION BOARD. PUBLIC FORUM - Any member of the public may address and/or ask questions of the Commission relating to the implementation of its policies or any other matter within the jurisdiction of the Commission. As a general rule, action cannot be taken on issues not listed on the agenda. Staff will normally be requested to follow up on such items at the discretion of the Commission. CONSIDERATION OF THE AL TAUCHER PRESERVING HUNTING AND SPORT FISHING OPPORTUNITIES ADVISORY COMMITTEE'S RESOLUTION SUPPORTING "PUT AND TAKE'' TROUT FISHING. REQUEST OF MIKE KENNEDY, WON BASS, FOR THE COMMISSION TO CONSIDER AMENDING SECTION 230, TITLE 14, CCR, RE: ISSUANCE OF PERMITS FOR CONTESTS OFFERING PRIZES FOR THE TAKING OF GAME FISH. REQUEST OF MARC SANDSTROM FOR THE COMMISSION TO CONSIDER AMENDING SECTION 630, TITLE 14, CCR, TO ALLOW BICYCLES ON THE BATIQUITOS LAGOON ECOLOGICAL RESERVE TRAIL. REQUESTS OF YORKTOWN TECHNOLOGIES, L.P., FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMERS SERVICES, BAYBIO AND PETFISHTALK.COM FOR RECONSIDERATION OF COMMISSION DENIAL TO CONSIDER AMENDING SECTION 671, TITLE 14, CCR, TO EXEMPT FLUORESCENT ZEBRA FISH FROM THE RESTRICTED SPECIES LIST. PRESENTATION RE: U.C. BERKELEY'S WILD TURKEY STUDYlCOLLECTlON IN STATE PARKS. 'A il* yission Hearing to allow bicycles ; April 1st F&G Commission Hearing to allow bicycles , "Tim Dillingham" <TDilling@dfg.ca.gov> : <rwhimsmi@earthlink.net>,<zeff@nctimes.net> I ,: Wed, 24 Mar 2004 13:26:24 -0800 The Fish and Game Commission has agreed to consider amending Section 630, Title 14, CCR, to allow bicycles on the Batiquitos Lagoon Ecological Reserve Trail, per a request from Mr. Marc Sandstrom. It was originally scheduled for May 4th in San Diego, but I have been inf orrned that it was rescheduled for April 1st in Sacramento. The actual meeting agenda is available on the internet at: t http://www.dfg.ca.gov/fg comm/2004/2004mtgs.html If you or the Foundation have any questions or concerns regarding this item, please address them to Robert R. Treanor, Executive Director, 1416 Ninth Street, Box 944209, Sacramento, CA 94244-2090. c- (F) 4/s-653* 50 YO From: Kelly Cain To: Liz Ketabian Date: 4/1/04 10:18PM Subject: Re: Bicycles on Trails at Batiquitos Lagoon Liz, I have forwarded your info to the bike patrol officers and to the Community Services Sergeant, Jeff Chapman. This group is responsible for helping to patrol the areas mentioned. ( I will ask the bike officers not to patrol on bikes.) Kelly Lt. Kelly J. Cain Patrol Division Carlsbad Police Dept. 2560 Orion Way Carlsbad, Ca. 92008 kcain@ci.carlsbad.ca.us 760-931 -21 15, Wed. thru Sat. >>> Liz Ketabian 03/31/04 09:49AM >>> I recently received this and thought I would share with others on our trails team who may not have received this. FYI - All the Citywide trail masters and Gary Hill were sent this info. from the Batiquitos Lagoon Foundation via Fred Sandquist. >>> "Fred & Sandi Sandquist" <sandauist2@earthlink.net> 03/30/04 12:04PM >>> Title 14, Section 630 of the California Code of Regulations (CCRs) contain regulations for California's Department of Fish and Game. Ecological Reserves and, specifically, Batiquitos Lagoon Ecological Reserve, are addressed. Among the various regulations is a ban on bicycles on Batiquitos Lagoon's trails. Recently, a local bicycle rider requested that the Department of Fish and Game change the rules to permit bicycles on our trails. Since our trails are very narrow in places and with the large number of people who use our trails, we see this change as placing our walking visitors in danger of accidents. As an example, last year we had an elderly woman get hit from behind by a bicyclist, knocking her to the ground and breaking her wrist. To make matters worse, she was yelled at for "walking too slow" and that she should have gotten out of the way. She was taken for medical help and had to endure weeks with her wrist in a cast. A police report was filed with the City of Carlsbad documenting the event. An ecological reserve's primary purpose is to protect the plants and wildlife first, with public use being secondary. Studies have demonstrated that in an environment like ours, bicycle riders often go off-trail either in maneuvering around obstacles or for a challenge. This type of activity destroys the habitat and endangers wildlife that inhabit the area for nesting and feeding purposes. A hearing is expected to be held shortly to discuss this change. If you feel strongly about keeping our trail system at Batiquitos as it is now and not allowing bicycles, we encourage you to send a letter to: Mr. Robert Treanor California Fish and Game Commission 1416 Ninth Street - Box 944209 Sacramento, California 94244-2090 EXHIBIT 2 A copy of a letter that stated the Batiquitos Lagoon Foundation's position on this issue is provided below for your reference. " 26 March 2004 Mr. Robert Treanor California Fish and Game Commission 1416 Ninth Street - Box 944209 Sacramento, California 94244-2090 Dear Mr. Treanor: I respectfully request you postpone consideration, to the May meeting, of the proposed changes to Section 630, Title 14, CCR, which would permit bicycles on the hiking trail in the Batiquitos Lagoon Ecological Reserve. I do not believe the proposed changes have been adequately noticed, for instance the Batiquitos Lagoon Foundation (BLF) was not notified. Additionally the May hearing is scheduled for San Diego. The extra time and the change of venue would promote full public participation in the decision making process. It would allow our 200 members and the thousands of walkers of all ages that use and happily share the ADA compliant trail with the wheelchair riding public, to have a chance to comment in person. Furthermore representatives of the Carlsbad City Council, La Costa Resort, Four Seasons Resort Aviara, and the various home owner associations could be directly queried. The BLF has worked in partnership with the California Department of Fish and Game to preserve, protect and enhance the biological resources of the Batiquitos Lagoon Ecological Reserve for the past 15 years. We have had the pleasure of working closely with: Ms Teri Stewart, who can forget our first lagoon manager, Mr. Tim Dillingham, current Ecological Reserve manager extraordinaire and Mr. Earl "larger than life" Luppe. We join these luminary CDFG biologists in their in opposition to the proposed changes to Section 630, Title 14, CCR . Our opposition to the proposed rule change is based on the following. 1. between walkers and bikers have happened in the past. This was one reasons for the rule in the first place and one of our motivations in promoting public awareness of the rules. Public Safety - the trail is 4-5 feet wide in places and has several blind turns. Collisions 2. often go off trail, creating new trails that attract hikers which eventually degrades wetland habitat. Habitat Conservation - bikers in an effort to avoid collisions and just to get closer to the water 3. disturb nesting Belding's savannah sparrows and foraging California least terns. Impact to Endangered Species - These new trails, which are inevitably closer to the wetland, 4. people with temporary disabilities the right to ride bicycles for physical therapy regardless of location or rules. May I quote my ADA rights to gain access to the shoulder of 1-5? The city of Carlsbad bans bicycles from their bluff top concrete seawall sidewalk for safety reasons and has no ADA violation concerns. We fundraise and provide volunteer labor work to assure access to the members of our community that use wheelchairs, walkers and crutches. Bicycles are different. Americans with Disabilities Act Compliance - It is not the intent of the ADA to guarantee It is ironic that it was a contact with a Batiquitos Lagoon Foundation Docent, who politely pointed out the "no bicycle rule" to Mr. Sandstrom, who responded that the rule was unfair. Our docent replied that you cannot ignore the rules you don't like, but you are free to initiate the process to get them changed. Like any teacher, we glow with pride when our students take our advice, but alas I think we will stop offering advice! We encourage you to support Mr. Tim Dillingham, your underappreciated, overworked, underpaid Ecological Reserve Manager who rightly points out that Ecological Reserves are suppose to be managed for the benefit of the flora and fauna first, and human uses second. Please feel free to call me at 760-505-5640 if you have any questions or require additional information. Cordially, /SI Seth Schulberg, President On behalf of the Batiquitos Lagoon Foundation" Thanks in advance for your support. The Batiquitos Lagoon Foundation