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HomeMy WebLinkAbout1980-02-11; City Council; Minutes4 I 0 0 '. CITY OF CARLSBAD COUNCILMI Minutes of : CITY COUNCIL (Adjourned Regular Meeting) Date of Meeting: February 11, 1980 Time of Meeting: 7 :00 P.M. Place of Meeting: Council Chambers ROLL CALL : ADDITIONAL BUSINESS: . Pursuant to Council Procedure Ordinance, Council unanimously agreed to add the two following items to this Agenda: Batiquitos Lagoon Study Meeting Mayor Packard referenced a letter wherein Senator Craven had called a special meeting to study use of Batiquitos' Lagoon as a regional park, and inquired if any members of-Council desired to attend. It was the consensus of Council that Council- woman Casler attend the meeting on February 25, 1980 as Council's official representative, with the City Manager to forward notice of same to Senator Craven. Joint Meeting with the Carlsbad School Board Mayor Packard referenced Council's recent action with regard to the swim complex. It was the consensus of Council that the City Manager make appropriate arrang'ements to effect a joint meeting with the Carlsbad School Board at a mutually convenient date and time to discuss the swim complex. A.Request to Speak not having been properly filed, Council unanimously agreed to waive the requirements of Council Procedure Ordinance. Council recognized Harold Clarke, 824 Caninito del Reposo, Carlsbad. Mr. Clarke expressed (70) AGUA HEDIONDA LAGOON STUDY Mr. Bradstreet indicated the comprehensive study had, per Council direction, addressed issues of lagoon surface use, use fees, liability and enforcement, in the objective of.providing a safe recreational facility on a self-supporting basis, and reducing City liability through improved City management. As a result of the study, Mr.. Bradstreet explained other concerns had been identified in that regulations and enforcement needed to streng.thened,and the lease agreement for use of Snug Harbor needed to be renewed. 47 - Presen -..~ _". . I 0 0 0 CITY OF CAWLSBAD n -z- i February 11, 1980 I Additionally, Mr. Bradstreet demonstrated on the topographical wall mgp, the counter- clockwise traffic pattern recommended by staff, the necessary physical improvements to effect same, proposed restrictions in Snug Harbor regarding launching and explained concerns relative to the Bristol Cove access, and unauthorized access areas, Under the Recommendations portion of the wall outline, Mr. Bradstreet explained same, and indicated those having fiscal considerations also reflected projected revenues to the City, in accordance with Option A of Lagoon Use Fees, compared to City expenditures for same, as well as the responsible department for implementation and enforcement. ., As a point of clarification, Mr. Bradstreet indicated the report only addressed the inner lagoon in that the portion west of Interstate 5 was subleased to the YMCA. Additionally, Mr. Bradstreet indicated that while the report itself did not address the noise problem, staff had investigated same. In that recent legislation established the criteria and method of decible monitoring, staff recommended no action beyond that of the present monitoring program. I In response to Council inquiry, Mr. Bradstreet explained the monitoring of siltation rates had just commenced and it would be approximate- ly two years before results could be reviewed in perspective and a determination made with regard to dredging. With regard to financial assistance to the City for dredging, staff indicated there does not appear to be any state or federal grant monies available for same. Mayor Packard then opened the public hearing at 6:55 P.M., and extended the invitation to speak. , Council recognized Don Brown, representing the Carlsbad Chamber of Commerce, Post Office Box 1605, Carlsbad; CA. Mr. Brown requested clarification of proposed restrictions on launching from south beaches in view of the proposed 94 acre park there. Mr. Brown also inquired whether the sand-bar would be used as a directional device for the flow of traffic. Referring to the topographical map, Mr. Bradstreet explained the launching, ski take-of and drop off areas and flow of traffic outside the sand bar, indicating south beach launching may be revised in the event of such park. .. 7 f 48 111 1 ~ 1 ~NCILMEI - ... CITY OF CARLSBAD -3- February 11, 1980 ."~ ~ 0 a I I I Council recognized Larry Hunts, 501 Chinquapin, Carlsbad. Mr. Hunt explained he (Papagayo .Developers) owned t,he north shore of the middle lagoorand expressed the opinion same should be -considered in the study since it was intended bhat their access become developed.for additional public use. In that regard Mr. Hunts indicated.dredging was necessary. Council recognized Harold Clarke, 824 Caminito del Reposo, Carlsbad. Mr. Clarke expressed the opinion that power boats should be restricted in favor of sail boats in the interest of ecological and enviromental concerns and in that they did not contribute to the dredging problem as well as conserved energy. Council recognized Geo~ge Garancesi, 4513 Clark Drive, Carlsbad. Mr. Garancesi explained, as a resident of Bristol Cove, he was in charge of the magnetic cards controlling Bristol Cove access to the lagoon and that all boats launching from same.were required to furnish liability insurance. With regard to the noise problem, he expressed the opinion that enforcement of regulations was inadequate. Council recognized Richard Baugh, Carlsbad Interim Police Chief. Mr. Baugh explained the presence at the lagoon of a sworn police officer was necessary to ensure enforcement in that violations of noise regulations were misdemeanor and citations could.be issued only 5f violations occurred in the presence of the officer. Mr. Baugh also explained the complex and stringent method required by state law for testing decibles and expressed the opinion that accurate testing in a lagoon was virtually .impossible. Council recognized Jim Hearn, 4573 Cove Drive, Carlsbad. Mr. Hearn concurred with the statements of Mr. Garancesi regarding the noise problem, adding that the City should install a permanent measuring device for monitoring and ensuring conformance with decible regulations. Council recognized Helen Wiegand, 4513 Cove Drive, Carlsbad. Mrs. Wiegand reiterated concerns regarding noise problems, emphasizing dry stacks were primarily responsible. Council recognized Ione Elsner, 1011 Home Avenue Carlsbad. Mrs. Elsner expressed the opinion the lagoon should be developed for public use, including continued use of power boating. Council recognized Jerry Rombotis, 1730 Calavo Court, Carlsbad. Mr. Rombotis expressed the opinion a minority were responsible for abuse of noise regulations and suggested that violater be refused permission to utilize the lagoon. Flr Rombotis also referred to the topographical map and suggested a change in proposed traffic flow in the interests of greater safety. T C ! ! c COUNCILME i 49 ".LI * ... .. i CITY . OF CARLSBAD ~NC1LMEI -4- Council recognized Lee Lathrop, 4145 Harrison Street, Carlsbad, who indicated she was the operator of Snug Harbor Marina. Mrs. Lathrop generally concurred with staff recomendations and, in response to Council inquiry, explained tshe operation of her business, indicating efforts to ensure conformance with City desires, distribution of. the list of rules and regula- tions and removal of offenders. In response to inquiry, Mrs. Lathrop expressed the opinion that the presence of a sworn police officer was very desirable in maintaining general order and enforcing no.ise regulations. Council recognized Mike Little, Administrative Assistant. Mr. Little referenced state laws regarding monitoring noise, expressing the opinion that the complexities precluded enforce- ment from the standpoint that two full-time people would be required to administer a testing program in addition to an enforcement officer. In response io Council inquiry, staff explained a .desirable feature of establishing and implementing a permit program would be to facilitate enforc.ement of noise regulations. Council recognized Mike Donnelly, Carlsbad Police Officer. Officer Donnelly responded to entitled to sign complaints against offenders, but in his experience no one had elected to do so. Since no one else wished to speak, Mayor Packard closed the public hearing at 9:lO P..M. RECESS: Mayor Packard announced a recess at 9:11 P.M. and Council reconvened at 9:23 P.M. Council discussion centered around noise and liability. Reference was made to earlier discussions wherein Council had considered eliminating power boating as a method of solving noise problems. Council acknowledged desire to allow many types, of use to provide an integrated recreational facility. Council considered City management as opposed to private management in order to effectively control all access areas, enforce regulations and increase safety. As an alternative, Council considered requiring private management to furnish insurance removing the City from any liability. Council discussed a permit program which would additionally be used as a method of ensuring compliance with noise regulations, user fees to provide necessary personnel and operating equipment to operate, regulate and enforce the facility, a full-time versus a reserve officer, and possible dredging and financing of same. - the noise problem, indicating citizens were -. .".. 0 CITY OF CARLSBAD .. C(#INCILME -5- A motion was made that Council direct staff to investigate and report on the desirability of the City operating marina and launching area for the use of power boats on the lagoon.. The motion died for lack of any second. and any other activity not in the best interests of the general public. The motion died for lack of any second. X Council directed staff to prepare the necessary Motion documents requiring all power boat users to Ayes xxx obtain a $300,000 liability insurance policy naming the City as an additional insured and furnish a certificate of same to the City with the City to be notified in the event of cancellation. Council discussed user fees which would support all legitimate expenses in connection with use of the lagoon. In this regard, it was the definitive breakdown of a fee structure in association with a permit program, but any exces not to be earmarked solely for dredging. Motion X Co.unci1 directed that lagoon use fees be established to cover cost of a fully-trained Ayes xx police officer, a boat and any other equipment Noes necessary for use on the lagoon and return to Council an outline of same. It was the consensus of Council that staff prepare a report addressing the issue of skiing and boating traffic pattern, in accord- ance with public input, clarifying launching and take-off in Snug Harbor and launching in the Bristol Cove area and return with recommendations. It was the' consensus of Council that no change be made regarding the existing 45 m.p.h. speed limit. Council directed st.aff to prepare necessary docunents allowing jet skis only on weekdays from May to October and during special events approved by Council, with jet skis to be prohibited entirely in the middle lagoon. A motion was made and seconded that non-power Motion boating continue as it now stands and instruct Ayes lack of majority. Council directed staff to prepare necessary Mot ion documents limiting non-power boating to Monday Ayes through Friday from May to October, with Noes Council directed that no change be made to. the Motion . consensus of Council that staff prepare a .. X B Mot ion Ayes xxx officer to make a recommendation in six months xx or sooner if necessary. The motion failed for X Noes X x no limitation during the off-season. _xY lagoon subject to Councrl approval and conditions. X Ayes Municipal Code requiring special events at the x .. .. ,-. CITY OF CARLSBAD COUNCBLME -6- February 11, 1980 .. Council directed staff to prepare necessary documents setting a maximum of 80 boats allowed on the lagoon at any one time, with the police officer granted the discretion to reduce the maximum if safety conditions warrant. \ @I It was the consensus of Council that staff prepare documents necessary to implement a reasonable noise enforcement program centered around a permit process. Council approved, in concept., staff recommenda- tions regarding physical improvements, with the financial aspects to be addressed in the fee schedule for final Council approval, in eluding provision of additional and safer buoys, maintenance of present buoys, renewal of agreement with Marina operators and provision of signs designating rules and regulations to be accepted. I It was the Consensus of Council that staff establish a special account for Agua Hedionda Lagoon. It was the consen.sus of Council that staff prepare a report regarding YMCA surface use and sublease. ... EXECUTIVE SESSION: Council adjourned at 11:15 P.M. to an executive session for the purpose of discussing litigatiol Council reconvened at 11:18 P.M. and the Mayor announced that litigation had been discussed. ADJOURNMENT : I BY Proper motion, Council adjourned at 11 :ig P.M. B m 1.