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Home My WebLink About1982-06-15; City Council; 7018-2; Abatement of alleged nuisance10 a CITY ,F CARLSBAD — AGENDA -ILL RHA:mmt TJ Ol cdn qi 4J M4-> CO fi-i •r-U OJ CL)o a gw W cd 'NOr3•H O Cd cd a II MOPg-8 o)^- Cd b^"6 O cu w O£8^O <u-i-1 •H C QJ CD Bp-9^3 O -PO OJ M-lO M cd o ooi O g Ozi AR* 7O /<rX2 MTG 6/ 1 5/82 DEPT. ENG TITIE? ABATEMENT OF ALLEGED NUISANCE: TULES NEAR THE BUENA VISTA LAGOON WEIR nPPT HD $fr&' CITYATTYiJ^J- CITY MGR^Z?**-p - RECOMMENDED ACTION: Find that no public nuisance exists because the cattails and bulrushes (tules) will not become materially detrimental to adjacent properties. ALTERNATIVE ACTION: Find that the problem area is limited to two small stands of growth in the channel near the weir. Find that a public nuisance exists in this area because 1. woody vegetation may develop which would be flow-resistant and 2. it presents a likely mosquito breeding ground. Direct City Attorney to prepare appropriate documents. ITEM EXPLANATION: The City Council at the May 18, 1982 meeting adopted Resolution No. 6882 setting the public hearing regarding the public nuisance which is alleged to exist on a portion of Lot "A" of Granville Park Unit No. 2 according to Map No. 2037 and owned by the Native Sun Investment Group. Chapter 6.16 of the Code defines a public nuisance on real property as something which is in a condition adverse or detrimental to the public peace, health, safety or general welfare or which is maintained to permit it to become defective, unsightly, dangerous or in a condition of deterior- ation or disrepair that could cause harm to persons or which will be materially detrimental to property or improvement values located in the immediate vicinity. If after hearing evidence on the matter the City Council determines that nuisance does in fact exist,, they may direct the 'City Attorney to prepare the necessary resolution. As part of their direction to the City Attorney the Council should direct the owner to remove the nuisance and also set a time limit within which the person responsible will be allowed to abate the - nuisance themselves. If the nuisance is not abated the Council should also direct the Maintenance Director to enter the property and remove the nuisance and direct the City Attorney to cause the cost thereof to be a special assessment against the property. The City Engineer has investigated the problem, obtaining the professional services of a botanist and a registered civil engineer specializing in hydraulics. The conclusion reached is that the cattails and bulrushes (tules) present in the channel behind the weir present no obstacle to the flow of water because they are flexible and will bend down under the flow of water. The growth does create the possibility, however, that mosquitos will breed or that willows will germinate. Willows are a woody tree that will offer resistance to the flow of water. Because of this, the Council may wish to take the alternative action stated above. FISCAL IMPACT: 1. Cutting and removal of all the tules along the south shore from the weir to the railroad tracks and adding chemicals to the water to retard future growth will cost approximately $3700. 2. A limited action of cutting two small stands for growth near the weir and adding chemicals will cost approximately $500 to $1000. AGENDA BILL 6/15/82 Page -2- TITLE: ABATEMENT OF ALLEGED NUISANCE: TULES NEAR THE BUENA VISTA LAGOON WEIR EXHIBITS: A. Location Map B. Legal description of property C. Memo from City Engineer dated June k, 1982 D. Letter report from RECON dated June 3, 1982 E. Resolution No. 6882 declaring intent to hold a public hearing. BUENA VI5TA LOCATION MAP PUBLIC HEARING ON ALLEGED NUISANCE OWNER: NATIVE SON INVESTMENTS EX HI BIT "A"3 DESCRIPTION 1 A.RM, 203-010 - 14- THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA* COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL OF LOT "A" OF GRANVILLE PARK UNIT NO. 2, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, STATE: OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2037, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1927. V EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY: ... BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON GRANVILLE PARK ACCORDING TO MAP THEREOF NO. 1782 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO-COUNTY FEBRUARY 21, 1924, SAID PQINt_. BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT -BEARS NORTH 5Q0l^f^5" EAST; THENCE _ NORTHERLY ALONG SAID CURVE', THROUGH-A CENTRAL ANGLE OF 12°59«27" AN ARC DISTANCE OF 60»77 FEET; THENCE TANGENT TO THE LAST H.ENTIONED CURVE, NORTH 18°45'48" WEST, 165.00 FEET; THENCE SOUTH 86°15'50n WEST 560.04 FEET; THENCE SOUTH 32°21'40f' EAST, 315.00 FEET TO A POINT ON THE NORTHERLY LINE OF LAGUNA DRIVE, SAID POINT BEING IN A CURVE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 190.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 01°08*20" WEST; THENCE SOUTHEASTERLY ALONG THE LAST MENTIONED CURVEt THROUGH A CENTRAL ANGLE OF 04°31'25" AN ARC DISTANCE OF 15.00 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 587.95 FEET; THENCE EASTERLY ALONG THE LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 22°19'55" AN ARC DISTANCE OF 229.16 FEET THENCE TANGENT TO THE LAST MENTIONED CURVE, NORTH 73°i9»5o." EAST, 25.33 FEET TO THE BEGINNING OF A' TANGENT CURVE. CONCAVE NORTHWESTERLY HAVING A RADIUS OF 183.88 FEET; THENCE NORTHEASTERLY ALONG THE LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 37°06t20" AN ARC DISTANCE OF 119.08 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 65.00 FF.ET; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 112°01*15M AN ARC DISTANCE OF 127.08 FEET TO THE POINT OF BEGINNING. - ALSO EXCEPTING THEREFROM THAT PORTION LYING - NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT "A"; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, NORTH 89°53'45" WEST 861.33 FEET TO AN INTERSECTION WITH THE CENTER LINE OF A 40.00 FOOT- EASEMENT DESCRIBED IN BOOK-1696 PAGE 102 OF DEEDS; THENCE RETRACING SOUTH 89°53'45" EAST ALONG SAID NORTHERLY LINE OF LOT "A" 265.75 FEET TO THE TRUE POINT OF BEGINNING; BEING AN INTERSECTION WITH A 300.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO WHICH BEARS SOUTH 53°26f04" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 80.12 FEET THROUGH A CENTRAL AN'GLE OF 14°59'1V TO A TANGENT POINT; THENCE TANGENT TO SAID CURVE SOUTH 51°33«10" WEST TO THE MEAN HIGH TIDE LINE. EXHIP>1T " P>" 1 G633V7 • PAGE 1 ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARY: •COMMENCING AT A POINT IN THE EASTERLY LINE OF MOUBTAIN VIE* DRIVE iS SHOWM ON SAID MAP NO. 1782* SAID POINT BEING ON A CURVE* CONCAVE EASTERLY HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 5703(t*^^n WEST (RECORD NORTH 58°1<4945" EAST *ER SAID «AP NO. 1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A.CENTRAL ANGLE OF 12°59C27" A DISTANCE OF 60.77 FEET THENCE TANGENT TO SAIO CURVE N3-.TH 19°23*43" WEST (RECORD NORTH 18°45'48" WEST) 31.96 FEET' TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 19°23'48" WEST (RECORD NORTH 18045«48" WEST) 83.04 FEET; THENCE SOUTH 38°27'47" EAST 27.55 FEET; THENCE SOUTH I0°25f27" EAST 57.71 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: . ALL THAT PORTION OF LOT 47, AND THAT PORTION OF L&GUNA DRIVE, ADJACENT TC SAID LOT 47 (VACATED BY RESOLUTION NO. 918 OF THE CITY - COU.'.CI L CF THE CITY OF CARLSBADt CALIFORNIA, RECORDED JULY 19* 1963t RECORDER'S FILE \3. 126793; RECORDS OF SAN DIEGO COUNTY, CALIFORNIA) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO HAP THEREOF NO. 1782, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO CCJNTY FEBRUARY 21, 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ON THE ATTACHED PLAT BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHQW.\ ON SAID MAP NO. 1782, SAID POINT BEING ON A CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 268.01 FEET, A RADIAL LINE THROUGH SAID POINT EEiRS SOUTH 57°36t4£f' WEST (RECORD - NORTH 58°14'45" EAST PER SAID MAP KT. 1782); THENCE»NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH -A CENTRAL ANGLE OF 12°59'27M A DISTANCE OF 60.77 FEET; THENCE TANGENT TO LAS' MENTIONED CURVE, NORTH 19°23*48" WEST (RECORD - NORTH 18°45f58" «'EET)« 88.96 FEET TO A POINT IN THE SOUTHEASTERLY LINE Oc LOT "A" OF GP.AMYILLE PARK NO. 2, ACCORDING TO MAP THEREOF NO. 2037 FILED IN THE OFFICE C- THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA {.SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF SAID PORTION OF LAGUNA DRIVE AS VACATED), SAID POINT BEING ON THE ARC OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF .207.16 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 62°Al*-3" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG Tr-E SOUTHEASTERLY LINE OF SAID LOT "A" (BEING ALSO ALONG THE NC^THWESTEELY ' LINE OF SAID PORTION OF LAGUNA DRIVE A-S VACATED), THROUGH A CENTRAL ANGLE OF'17°19»59", A DISTANCE OF 62.67 FEET THENCE LEAVING SAID LINE, SCJTH 15°17«29" EAST, 59.75 FEET; THENCE SOUTH 03°43'49» EAST, 139.99 FEET TO A POINT ON THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID "AP NC- 1782 (SAID EASTERLY LINE BEING ALSO THE WE.STERLY LINE OF LOT 47 OF SAID MAP NO. 1782) SAID POINT BEING ON THE ARC OF A CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT ££ARS SOUTH 55°28'29M WEST; THENCE NORTHERLY ALONG THE ARC OF SAIO CURVE, THROUGH A CENTRAL ANGLE OF 02°08«16M A DISTANCE OF 10.00 FEET TO T-E TRUE 1063347 PAGE 2 • 5" POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBEDBOUNDARY: • COMMENCING AT A POI''T IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 1782, SAID POINT BEING ON A CURVE. CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 57°36'45M WEST (RECORD NORTH 58°14*45" EAST PER SAID MAP NO. 178Z); THENCE NORTHERLY ALONG THE ARC OF SAI,0 CURVE THROUGH A CENTRAL ANGLE OF . 12°59»27M A DISTANCE OF 60.77 FEET; THENCE TANGENT TO SAID CURVE NORTH 19°23"^8M WEST (RECORD NORTH I8°^5*^8n WEST) 31.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 19°23.f 48" WEST- (RECORD NORTH 18°45*48W WEST) 83.04 FEET; THENCE SOUTH 38°27«47" EAST 27.55 FEET; THENCE SOUTH 10°25'27" EAST 57.71 FEET TO THE TRUE POINT OF BEGINNING. « PARCEL 3: . ALL THAT PORTION OF LACUNA DRIVE (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RECORDED JULY'19, 1963, -RECORDER'S FILE NO. 126793, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA) IN THE CITY OF CARLSBAD, .COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 1782, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO. COUNTY, FEBRUARY 21, 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS AND AS SHOWN ON THE ATTACHED EXHIBIT "A"; BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE -AS SH2WN ON SAID MAP NO. 1782, SAID POINT BEING ON A.CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 57°36t45" WEST (RECORD NORTH 58°14*45" EAST PER SAID MAP NO. 1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THRO'JGH A CENTRAL ANGLE OF 12°59'27", A DISTANCE OF 60.77 FEET; THEKsCE SOUTH 12°03'1.1" EAST, 35.99 FEET TO A POINT IN A 65.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 33°33«05" EASTv SAID POINT ALSO BEING IN THE NORTHEASTERLY LINE OF MOUNTAIN VIEW DRIVE (40.00 FEET WIDE) AS SAME EXISTED ON JUNE 24, 1975; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 24°03.'40ff A DISTANCE OF 27.30 FEET TO THE POINT OF BEGINNING. 1063347 PAGE DESCRIPTION A.RNJ. I55-IOI-G2 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL I: ALL THAT PORTION OF LOT 2 IN SECTION I, TOWNSHIP 12 SOUTH RANGE 5 WEST, SAN BERNARDINO MERIDIAN. IN THE CITY OF CARLSBAOt IN THE COUNT* OF SAK DIEGO, STATE OF CALIFORNIA, ACCORDING.TO OFFICIAL PLAT THEREOF, LYING SOUTHWESTERLY OF THE RIGHT OF WAY OF THE ATCHISON, TQPEKA AND SANTA FE RA.ILHAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2, SAID POINT OF BEGINNING \ BEING ALSO THE NORTHEASTERLY CORNER OF LOT 4 OF SAID SECTION 1 AS SHOWN ON ' THE MAP OF GRANVILLE PARK NO. 1782, RECORDS OF SAN D[EGO COUNTY; THENCE I ALONG THE WESTERLY LINE OF SAID LOT 2, NORTH CT10* EAST TO ITS \ INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF THE ATCHISQN, TQPE^A j AND SANTA FE RAILWAY; THENCE ALONG SAID RAILWAY RIGHT OF WAY, SOUTH [ 4l*40»40M EAST tRECORD SOUTH 41*16' EAST) A DISTANCE OF 353.20 FEET TO THE [ BEGINNING OF A CURVE CONCAVE TO'THE NORTHEAST AND HAVING-A RADIUS OF 1532.69 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF ri9«30ta A DISTANCE OF 35.45 FEET IRECORD 31.73 FEET) TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF SAID LOT 2; THENCE ALONG SAID SOUTHERLY LINE OF LOT 2, NORTH •89-50* WEST A DISTANCE OF 257. 04 FEET CRECORD 256,21 FEET* TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 3, SECTION 1, TOWNSHIP 12 SOUTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD IN THE COUNTY OF SAN CIEG-0, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3, SECTION 1; THENCE ALCNG THE EAST LINE OF SAID LOT 3, NORTH 0" 0V30H WEST 417.05 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON. TOPEKA AND SANTA FE RAILWAY; THENCE ALONG SAID LINE NORTH 41* 16* WEST TO THE SOUTHEASTERLY BOUNDARY OF PARCEL MAP NO. 1033 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE IN A SOUTHWESTERLY DIRECTION ALONG SAID SOUTHEASTERLY BOUNDARY TO THE SOUTHERLY LINE OF SAID LOT 3; THENCE SOUTH 89'5!>«30" EAST ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. 0984413 7 MEMORANDUM - JUNE *t, 1982 TO: CITY MANAGER FROM: CITY ENGINEER SUBJECT: TULES IN BUENA VISTA LAGOON--INVESTI CATION TO DETERMINE THE NATURE OF THE PROBLEM The complaint brought before the City Council was that the tules--more correctly cattails and bulrushes--would block the flow of flood waters and cause or increase flooding of adjacent properties. Were this to be the case, this would certainly constitute a public nuisance as defined in Chapter 6.16 of the Code. Therefore, a study was undertaken to answer the question: Will this growth--either as it exists or if it expands—block the flow of water sufficiently to cause flooding? Two technical aspects needed to be addressed: 1. The biology: What is the nature of the plants? and, 2. The hydraulics: What will the water do? Mr. Cameron Patterson, a botanist from RECON and Mr. Dennis Bowling, a hydraulic engineer from Rick Engineering Company were hired to visit the site, write a report of their findings and make recommendations. Their findings are that cattails and bulrushes are very flexible plants and under a flow of water will bend down flat and thus not impede the flow or cause a change in the depth of water in the channel. This view was also held by Mr. Seven Lacy, a botanist with Westec Services in a telephone discussion of the problem. Mr. Doug Duncanson, City of Carlsbad Parks Superintendent alsovi si ted the site and further corroborated the previous findings. As further background information, a copy of the "Report on Buena Vista Lagoon Storm Water Overflow" prepared by Moffatt and Nichol, Engineers and dated September 1980 was obtained. This report was prepared for the Saint Malo Pro- perty Owners Association to recommend a solution to the flooding problems which have occurred in Saint Malo. The report states that the rains of February 1980 raised the water level in the lagoon ^.0 feet and a 100-year return period storm would raise the level 7-6 feet. The solution to the flooding this causes is to increase the length of the weir and to construct a berm along the lagoon frontage to raise the bank of the lagoon. One further point should be made regarding the plant growth in the lagoon. In order to slow the velocity of the water down and potentially raise the level of the lagoon, the water must be flow!ng. This condition occurs--in the winter rains--only in narrow channel areas such as that exisit'rng immediately behind the weir. Where the lagoon is very wide, the water velocity is negligible and even woody growth along the bank will have no effect on the water level. EXHIBIT "C" Page -2- The Parks and Recreation Department and Maintenance Department have made an estimate of the cost of removing the cattails and bulrushes from the entire south shore from the weir to the railroad tracks as follows: Cut and haul away growth $2500 (3 men x 2 weeks) Add Diquat to water to kill underwater growth. . . $1200 (15 gal.) TOTAL: $3700 Conclusion: The cattails and bulrushes do not pose a flooding or potential flooding problem. The potential does exist for woody growth to become established and this eventually tend to impede the flow of water. Any action to remove existing growth should be limited to the channel immediately behind the wei r. RHA:mmt FEC0N Regional Environmental Consultants 1094 Cudahy Place, Suite 204, San Diego, CA 92110 (714) 275-3732 June 3, 1982 Mr. Richard H. Allen, Jr. City Engineer City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Reference: Vegetation at the Inlet to Buena Vista Lagoon (RECON Number R-1355) Dear Mr. Allen: This letter is to address the potential effect of existing vegeta- tion at the mouth of Buena Vista Lagoon on the water surface of the lagoon during a major storm. We made a reconnaissance of the site on June 1, 1982, in order to determine (1) the nature and extent of vegetation in and near the channel and (2) the physical configuration of the channel, weir, and adjacent banks. The vegetation growing in the channel consists primarily of Califor- nia bulrush (Scirpus californicus) and narrow-leaved cattail (Typha angustifolia). These emergent aquatic plants are characteristic of shallow water in freshwater marsh and riparian habitats. The depth of flow in a channel is dependent on the channel's capa- bility to convey water. This conveyance is a function of the slope, shape, and roughness of the channel. In our experience with the observation of flood effects in watercourses, we have noted that emergent aquatic vegetation such as that described above tends to bend with the flow of water and lay flat, thereby not causing any significant change in the depth of flow in the channel. The effect of vegetation on water flow in a channel is related pri- marily to the density of woody species such as willow, cottonwood, mulefat, and other trees and shrubs which do not bend easily with the water flow. Several young willows were;observed approximately 50 meters east of the channel, indicating that salinity levels near the mouth of the lagoon may be low enough to support woody vegetation, although none is currently present. EXHIBIT "D" Mr. Richard H. Allen, Jr. -2- June 3, 1982 It is our opinion that no removal of vegetation is necessary at this time. The vegetation which currently exists in the channel is not capable of significantly affecting water flows at flood stage. How- ever, the channel should be inspected periodically to insure that a more woody (flow-resistant) vegetation does not develop. Dennis C. Bowling RCE 32838 Rick Engineering Company Cameron C. Patterson Botanist RECON DCB:CCP:llc RESOLUTION NO. 6882 2 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING 3 * INTENTION TO HOLD A PUBLIC HEARING ON THE ABATEMENT OF NUISANCE: TULES NEAR THE BUENA 4 VISTA LAGOON WEIR 5 The City Council of the City of Carlsbad, California, does hereby 6 resolve as follows: . . 7 1. That the City has the power at both common law and by statute to 8 abate nuisances. 9 2. That the City Council has established its own procedures for the 10 abatement of certain nuisances within the City limits. 3. That a potential nuisance exists due to the growth of tules near 12 the Buena Vista Lagoon Weir. 4. That the City Council will hold a public hearing on June 15, 1982 at 6:00 p.m. in the City Council Chambers at 1200 Elm Avenue, Carlsbad, 15 California, to consider whether or not the condition constitutes a public j • rnuisance. 17 5. That the City Engineer of the City of Carlsbad will cause this | 18 resolution to be posted according to law, and also cause notice to be sent to the property owners that the City Council will hold a public hearing on j * 20 June 15, 1982 to determine whether or not the condition constitutes a public ;; 21 nuisance. Said notice shall be mailed at least five days prior to the \ 22 hearing. 23 ' 6. That, based on the facts presented at the public hearing, the 24 city Council will determine whether or not a public nuisance exists, and 25 if it finds that a public nuisance does exist, that the City Council will 26 order that it be abated at the expense of the person creating it and will 27 / / / 28 / / / EXHIBIT "E" . ' '/I. 1 determine how the cost of the abatement will be collected according to 2 applicable laws. 3 * 7. That the City Engineer and the Parks and Recreation Director will 4 provide appropriate testimony at the public hearing. 5 PASSED, APPROVED AND ADOPTED by the City Council at a regular meeting 6 held on the 18th day of May , 1982, by the following vote, to wit: 7 AYES: Council Menbers Packard, Casler, Anear, Lewis and Kulchin 8 NOES: None 9 ABSENT: None 10 . . "RONALD c. PACKARD, MAYOR" 11 ATTEST: 12 13 _ ALETHA L.""RAUTENKRANZ CITY CLERK" 14 V 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28