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HomeMy WebLinkAbout2001-07-10; City Council; 16265; Agua Hedionda - Prohibit Fishing & AnchoringCITY OF CARLSBAD -AGENDA BILL v /’ AB# h&&d- 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. II 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 18 19 WHEREAS, to prevent the further spread of the algae and resulting damage to the coast, the Department of Fish & Game has requested the 20 21 22 23 24 25 26 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: 27 28 Ordinance No. NS-5g6 page 1 of 3 1 SECTION 1. That the Carlsbad Municipal Code is amended by the 2 II addition of Section 11.24.056 to read as follows: 3 4 5 6 7 0 9 10 “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.” 11 12 13 14 15 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: 18 III 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. 19 19 //I Ill 20 20 Ill Ill 21 21 Ill Ill 22 22 23 23 Ill Ill l/l III 26 27 28 l/l I/ Ordinance No. NS-5g6 page 2 of 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 1 e 17 18 19 20 21 22 23 24 25 26 27 28 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) / Ordinance No. NS-5g6 page 3 of 3