HomeMy WebLinkAbout2001-07-10; City Council; 16265; Agua Hedionda - Prohibit Fishing & AnchoringCITY OF CARLSBAD -AGENDA BILL v /’
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MTG. 7-10-01
DEPT. CLK
ADOPTION OF ORDINANCE NO. NS-596 DEPT. HD.
PROHIBITING FISHING AND ANCHORING IN
AGUA HEDIONDA LAGOON CITY ATTY.
CITY MGR
RECOMMENDED ACTION:
Adopt Ordinance No. NS-596 amending Chapter 11.24 of the Carlsbad Municipal Code to
Prohibit Fishing and Anchoring in Posted Areas of the Agua Hedionda Lagoon to Prevent
the Spread of Destructive Algae.
ITEM EXPLANATION:
Ordinance No. NS-596 was introduced and first read at the City Council meeting held on
June 26, 2001. The second reading allows the City Council to adopt the ordinance, which
would then become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 16,259 on file with the City Clerk.
EXHIBITS:
1. Ordinance No. NS-596.
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ORDINANCE NO. NS-5g6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CHAPTER 11.24 OF
THE CARLSBAD MUNICIPAL CODE TO PROHIBIT FISHING
AND ANCHORING IN POSTED AREAS OF THE AGUA
HEDIONDA LAGOON TO PREVENT THE SPREAD OF
DESTRUCTIVE ALGAE
WHEREAS, portions of the Agua Hedionda Lagoon have been invaded by
8 a destructive form of algae; and
9 WHEREAS, the algae is a threat to the entire coast because it is prolific
10 and smothers the native flora and fauna in its path; and
11 WHEREAS, attempts have been made to prevent the spread of the algae
by containing and treating the infested areas; and
WHEREAS, the algae has recently been discovered in portions of the
Lagoon that are outside of the containment area; and
WHEREAS, biologists have concluded that the algae is being spread
unintentionally by fishing lines and boat anchors; and
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WHEREAS, to prevent the further spread of the algae and resulting
damage to the coast, the Department of Fish & Game has requested the
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implementation of an immediate prohibition against fishing and anchoring in the Lagoon;
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain
as follows:
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Ordinance No. NS-5g6 page 1 of 3
1 SECTION 1. That the Carlsbad Municipal Code is amended by the
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addition of Section 11.24.056 to read as follows:
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“II .24.056 No Fishing or Anchoring in Posted Areas
(a) Notwithstanding any other provision of this chapter, no person may
fish or anchor a boat in any area of the inner lagoon that has been posted with a sign
prohibiting these activities.
(W The City Manager may post or authorize the posting of a sign
prohibiting fishing and anchoring in an area of the inner lagoon if the City Manager
finds, based on available biological data, that prohibiting these activities in the area is
necessary to prevent the spread of destructive algae inside and outside of the lagoon.
w 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 September 30, 2003, at which
time it shal be automatically repealed unless extended by further action of the City
Council.”
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16 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
17 City Council on the 26th day Of June , 2001, by the following vote, to wit:
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
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I/ Ordinance No. NS-5g6 page 2 of 3
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PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 10th day of JULY , 2001, by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
(SEAL)
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Ordinance No. NS-5g6 page 3 of 3