HomeMy WebLinkAbout2002-06-11; City Council; 16789; Interim Management Plan for Agua Hedionda LagoonCITY OF CARLSBAD -AGENDA BILL II
AMENDMENT TO CHAPTER 11.24 AND INTERIM
DEPT. HD.
PLAN FOR AGUA HEDIONDA LAGOON CITY ATTY.
DEPT. CIM MOR_’,
RECOMMENDED ACTION:
That the City Council ADOPT Urgency Ordinance No. NS-630 , INTRODUCE Ordinance
taxifolia and APPROVE Resolution No. 2002-173 , ADOPTING the Interim Management Plan for Agua Hedionda Lagoon.
ITEM EXPLANATION:
Caulerpa taxifolia is an aggressive, invasive species of saltwater algae that can cause great harm to
marine ecosystems. The algae was first recognized as a potential problem in the Mediterranean
Sea in 1984. Since that time it has become extremely widespread in the Mediterranean where it has devastated thousands of acres of reefs and fisheries. The impacts are both environmental and
economic. European authorities now believe that there is no hope of controlling the algae in that
region.
In June 2000, Caulerpa was discovered in Agua Hedionda Lagoon. A short time later, an infestation
was discovered in Huntington Harbor. These were the first known occurrences in North America. In response to this serious threat, several state and federal agencies formed the Southern California
Caulerpa Action Team (SCCAT) for the purpose of eradicating the algae and preventing its spread to
other parts of southern California.
Because Caulerpa can be easily spread by tiny fragments of the original plant, SCCAT
recommended that the City terminate existing recreational boating uses in Agua Hedionda Lagoon. Recreational user groups and other members of the public opposed closure of the lagoon. The City
Council, in the interest of finding a balance between the public recreation and protection of the ocean
environment, requested that SCCAT meet with representatives of lagoon user groups. In the meantime, the City Council authorized a ban on fishing and anchoring in the inner lagoon.
Three public workshops and numerous other meetings were held between SCCAT and the user groups. An Interim Management Plan for the lagoon was prepared which would allow both the
eradication efforts and recreation to continue. The draft Interim Management Plan was reviewed by
SCCAT, the recreational user groups, and City staff (City Attorney’s Office, Police Department, and
Planning Department). All parties have indicated that they can accept the Interim Management Plan.
The City Attorney’s Office has drafted amendments to Chapter 11.24 of the Municipal Code to
implement the Interim Management Plan. The ordinance amendments have also been reviewed by
the parties.
To briefly summarize the Interim Management Plan and the Ordinance amendments, the ban on
fishing and anchoring in the inner lagoon would be extended. The inner lagoon would be divided
into several use zones. While survey and eradication work is occurring in a zone, recreational activities would be shifted to other zones. In this manner, large portions of the lagoon will remain
open for public recreational use at all times while SCCAT proceeds with its work in focused sectors
of the lagoon. Extensive public information activities will inform lagoon users of the zones that are
open or closed for a particular day.
An additional provision deals with wake-boarding. This sport involves towing a rider behind a boat,
utilizing the wake of the boat to perform maneuvers. A larger wake is usually preferred, but that
No. NS-631 , establishing measures to aid in the detection and eradication of caulerpa
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PAGE 2 OF AGENDA BILL NO. 16,789
increases the risk of spread of Caulerpa. The Ordinance amendment therefore limits the size of the
wake to 12 inches above the normal water line. The Ordinance includes measures for enforcement
by the Police Department, which is already responsible for monitoring lagoon activities.
Each of the parties to this compromise has given up something in order to achieve a solution that
works for the greater good. The participants are to be congratulated for their flexibility and spirit of cooperation. While there is a possibility that the Interim Management Plan and Ordinance
amendment will require modification during its implementation, staff is confident that all of the
participants will continue to work together for successful completion of the Caulerpa eradication
project.
ENVIRONMENTAL:
Adoption of the Interim Management Plan and amendments to Chapter 11.24 of the Carlsbad
Municipal Code is categorically exempt from the California Environmental Quality Act (CEQA) as stated in section 15308 of the CEQA Guidelines. This section exempts the actions of governmental
agencies to establish regulations or procedures to assure protection of the environment.
FISCAL IMPACT:
There will be a minimal fiscal impact to the City as a result of the recommended actions. The Police Department already administers all Agua Hedionda Lagoon recreational activities, including issuance
of boating permits and enforcement. There may be a slight increase in costs such as overtime pay
to implement the Interim Management Plan, but any increase is anticipated to be small and within
the scope of the Police Department's existing budget. There is no cost to the City for the Caulerpa
eradication itself because funding is being provided from state and federal sources.
EXHIBITS:
1. Urgency Ordinance No. NS-630
2. Ordinance No. NS-631
4. Strikeout Version of Proposed Revisions to Chapter 11.24 of the Carlsbad Municipal Code
3. Resolution No. 2002-173
5. Draft Agua Hedionda Lagoon Interim Management Pian.
ORDINANCE NO. NS-630
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD. CALIFORNIA, AMENDING CHAPTER
11.24 OF THE CARLSBAD MUNICIPAL CODE TO IMPLEMENT
MEASURES TO AID IN THE SURVEY AND ERADICATION OF
CAULERPA TAXlFOLlA IN THE AGUA HEDIONDA LAGOON.
WHEREAS, portions of the Agua Hedionda Lagoon have been infested
with Caulerpa taxifolia, a destructive alga; and
WHEREAS, the alga is a threat to the entire coast because it proliferates
and smothers the native flora and fauna in its path; and
WHEREAS, efforts are being made to eradicate the alga by closing off and
treating the infested areas; and
WHEREAS, biologists have concluded that the alga is continuing to be.
spread by fishing lines, boat anchors and wake boards; and
WHEREAS, the peak growth period for the alga are the summer months,
which coincides with the peak recreational usage period for the Lagoon; and
WHEREAS, biologists have recommended the immediate implementation
of regulatory measures to prevent the further spread of the alga by fishing lines, boat
anchors, and wave boards during the peak growth period and to facilitate ongoing efforts
to survey and eradicate the alga,
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain
as follows:
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SECTION 1. That Section 11.24.,010 of the Carlsbad Municipal Code be
amended to read as follows:
“1 1.24.010 Definitions.
For purposes of this chapter, the definitions set forth in the State Harbors
and Naviaation Code, Vehicle Code and California Administrative Code, as amended to
date, andas follows, shall apply:
marker buoys at the northwest end of the inner lagoon, shown as Zone 3 on the Inner
Lagoon Survey Zones map on file in the city clerks office.
between the personal watercraft and passive use area, shown as Zones 4 and 5 on the
Inner Lagoon Survey Zones map on file in the city clerks office.
(c) “Passive use area” means the eastern end of the inner lagoon east
of red marker buoys, shown as Zone 6 on the Inner Lagoon Survey Zones map on file in
the city clerk‘s office.
(d) “Slalom course area” means that portion of the inner lagoon located
parallel to the southeastern shoreline within both the powerboat and passive use areas,
one thousand eight hundred fifty feet long and no more than one hundred fifty feet north
of the slalom course and one hundred fifty feet west of the passive use areas, as
delineated by marker buoys.
(e) “Interim Management Plan” means the Interim Management Plan to
facilitate the Agua Hedionda Lagoon Caulerpa Taxifolia Eradication Program, as
amended to date, which has been approved by the city council and is on file with the city
clerks office.”
(a) ”Personal watercraft area” means that portion north of the red
(b) “Powerboat area” means the middle area of the inner lagoon,
SECTION 2. That Section 11.24.015 of the Carlsbad Municipal Code be
amended to read as follows:
“1 1.24.015 Special use area - Aaua Hedionda Laaoon.
Of the entire Agua Hedionda Lagoon, consisting of three sections known as
wter lagoon, inner lagoon, and middle lagoon, only the inner lagoon is declared to be a
“special use area” defined in California Harbors and Navigation Code Section 651
authorized for local rules by Section 600(a) as authorized by California Harbors and
Navigation Code Section 660. Use of the inner lagoon is subject to the provisions of this
zhapter and any regulations adopted by resolution of the city council, including any
regulations contained in or established pursuant to the Interim Management Plan.”
SECTION 3. That Section 11.24.020 of the Carlsbad Municipal Code be
mended to read as follows:
“1 1.24.020 Laaoon use permits.
(a) It is unlawful to operate any type of vessel on the inner lagoon
Nithout first obtaining a city annual or temporary lagoon use permit issued by the city
nanager or a designee, or a daily lagoon use permit issued by the Snug Harbor Marina
3ffice. The vessel operator shall display the city’s annual permit decal in the specified
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location at all time or possess and show upon request a valid city temporary or daily
lagoon use permit.
(b) Lagoon use permits may be denied, suspended, or revoked for
failure to comply with the provisions of this chapter or any regulations adopted pursuant
to this chapter, including any regulations contained in the Interim Management Plan.
(c) The City Manager is authorized to establish appropriate procedures,
consistent this chapter and applicable laws and regulations, for the issuance, denial,
suspension, or revocation of a lagoon use permit. The procedures for issuing a lagoon use permit shall include, without limitation, the following requirements:
(1) Permit application and hold harmless indemnity agreement
shall be filled out and signed by a responsible adult;
(2) The current permit fee as established by the city council by
resolution must be paid;
(3) The fee is non refundable and nontransferable;
(4) Those vessels that are required by California Department of
Motor Vehicles to obtain vessel registration shall provide a copy of valid vessel
registration.
patrolling or maintenance by the lagoon owner and/or its representative."
(5) Lagoon use permits are not required for dredging, research,
SECTION 4. That Sections 11.24.055 of the Carlsbad Municipal Code be
repealed and reenacted to read as follows:
"1 1.24.055 Fishinq.
(a) Fishing from the shoreline or from a passive vessel shall be limited
to the passive use area; fishing from a powerboat shall be limited to the powerboat area. It is unlawful to cast fishing lines.into any transit corridor or in the traffic pattern of any
vessel.
amended or repealed by further action of the city council."
(b) This section shall become operative on July 1, 2003, unless
SECTION 5. That Section 11.24.056 of the Carlsbad Municipal Code be
amended to read as follows:
"11.24.056 No fishins or anchoring.
(a) Notwithstanding any other provision of this chapter and except as
otherwise provided in this section, it is unlawful to fish or anchor a boat in any area of the
inner lagoon.
area or in the powerboat area if the city manager finds, based on available scientific
data, that allowing fishing or anchoring in these areas is consistent with the Interim
Management Plan and will not cause the spread of Caulerpa taxifolia inside or outside of
the lagoon.
emergency situation in order to prevent personal injury or property damage.
(b) The city manager may allow fishing or anchoring in the passive use
(c) Nothing in this section precludes a person from anchoring in an
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(d) This section shall be operative until June 30,2003, at which time it
shall automatically be repealed unless extended by further action of the city council.”
SECTION 6. That Section 11.24.057 of the Carlsbad Municipal Code be
enacted to read as follows:
“1 1.24.057 No larqe wakes.
(a) Except when necessary for starting and stopping only, it is unlawful
to operate a personal watercraft or powerboat in any area of the inner lagoon in a
manner that generates wakes in excess of twelve (12) inches above the undisturbed
water line.
shall automatically be repealed unless extended by further action of the city council.”
(b) This section shall be operative until June 30, 2003, at which time it
SECTION 7. That Section 11.24.058 of the Carlsbad Municipal Code be
enacted to read as follows:
“11.24.058 Compliance with laqoon closures under Interim
Manaaement Plan.
(a) Notwithstanding any other provision of this chapter, it is unlawful to
enter or to cause a personal watercraft, powerboat, or passive vessel to enter any area
of the inner lagoon that is closed for survey or eradication work underthe Interim
Management Plan.
the inner lagoon in an emergency situation in order to prevent personal injury or property
damage.”
(b) Nothing in this section precludes the entering into a closed area of
SECTION 8. That Section 11.24.130 of the Carlsbad Municipal Code be
amended to read as follows:
“11.24.130 Compliance with chapter. requlations and orders.
(a) It is unlawful for any person to violate any provision of this chapter,
including to refuse to follow or comply with regulations adopted pursuant to this chapter,
9.r with any lawful notice, sign, order, warning signals, or lawful direction of a police
Jfficer, community services officer, or lifeguard, except for the purpose of making a
rescue.
(b). It is further unlawful for any person to deface, injure, knock down or
remove any notice, sign, or warning placed for the purpose of enforcing the provisions of
this chapter, or regulations adopted pursuant to this chapter.
marked enforcement vessel displaying a blue light, immediately yield the right-of-way to
the enforcement vessel and, upon direction of the operator of the enforcement vessel,
3ome to a stop.”
(c) Operators of vessels on the lagoon shall, upon approach of a
SECTION 9. That Section 11.24.137 of the Carlsbad Municipal Code be
amended to read as follows:
“11.24.137 Enforcement bv police department - Authoritv of
(a) Except for the issuance, denial, suspension, or revocation of lagoon
communitv services officers.
use permits under Section 11.24.020, which shall be administered by the city manager or
a designee, the police department shall enforce this chapter, including any regulations
adopted by the city council pursuant to this chapter, along with any violation of the
California Harbors and Navigation Code, Penal Code, Vehicle Code, and their
implementing regulations, pertaining to the inner lagoon.
a designee to patrol the inner lagoon, the officer is charged with enforcement of the
above laws and regulations and authorized and empowered to act pursuant to Penal
Code Sections 836.5 .and 853.6 to arrest or issue a citation to any person without a
warrant whenever the officer has reasonable cause to believe that the person has
committed a violation these laws and regulations and the violation was committed in the
officer’s presence.”
(b) If a Community Services Officer 111 is assigned by the police chief or
SECTION IO. That Section 11.24.138 of the Carlsbad Municipal Code be
enacted to read as follows:
“1 1.24.138 Violations.
Violations of this chapter, or any regulations adopted pursuant to this
chapter, are subject to the provisions of chapter 1.08 of this code.”
DECLARATION OF URGENCY: This ordinance is hereby declared to be
an emergency ordinance adopted as an urgency measure to protect the public health,
safety and welfare and shall take effect immediately. The facts constituting the
emergency are those set forth in the above recitals and they represent a current and
immediate threat to the public health, safety, and general welfare of the citizens of
Carlsbad.
EFFECTIVE DATE: This ordinance shall be effective immediately. The City
Clerk of the City of Carlsbad shall certify the adoption of this ordinance and cause it to be
published once in a newspaper of general circulation in the City of Carlsbad within fifteen
days after its adoption.
SEVERABILITY CLAUSE: If any section, subsection, sentence, clause,
phrase or part of this ordinance is for any reason held to be invalid or unconstitutional by
the final decision of any court of competent jurisdiction, such decision shall not affect the
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validity of the remaining parts of this ordinance, The City Council hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or part thereof irrespective of the fact that any one or more sections, subsections,
clauses. phrases, or parts be declared to be invalid or unconstitutional.
INTRODUCED, PASSED, AND ADOPTED at a regular meeting of the Carlsbad
City Council on the 11th day of JUNE , 2002. by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
,"-.
%rn
tdRRA NE M. WOOD, City Clerk
[SEAL
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ORDINANCE NO. NS-631
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CHAPTER 11.24 OF THE
CARLSBAD MUNICIPAL CODE TO IMPLEMENT MEASURES TO
AID IN THE SURVEY AND ERADICATION OF CAULERPA
TAXlFOLlA IN THE AGUA HEDIONDA LAGOON.
WHEREAS, portions of the Agua Hedionda Lagoon have been infested
with Caulerpa taxifolia, a destructive alga; and
WHEREAS, the alga is a threat to the entire coast because it .proliferates
and smothers the native flora and fauna in its path; and
WHEREAS, efforts are being made to eradicate the alga by closing off and
treating the infested areas; and
WHEREAS, biologists have concluded that the alga is continuing to be
spread by fishing lines, boat anchors and wake boards; and
WHEREAS, the peak growth period for the alga are the summer months,
inrhich coincides with the peak recreational usage period for the Lagoon; and
WHEREAS, biologists have recommended the immediate implementation
3f regulatory measures to prevent the further spread of the alga by fishing lines, boat
anchors, and wave boards during the peak growth period and to facilitate ongoing efforts
to survey and eradicate the alga,
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain
3s follows:
'11
111
1 of6 Ord. No. -1
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SECTION 1. That Section 11.24.010 of the Carlsbad Municipal Code be
amended to read as follows:
“11.24.010 Definitions.
For purposes of this chapter, the definitions set forth in the State Harbors
and Navigation Code, Vehicle Code and California Administrative Code, as amended to
date, andas follows, shall apply:
marker buoys at the northwest end of the inner lagoon, shown as Zone 3 on the Inner
Lagoon Survey Zones map on file in the city clerk’s office.
between the personal watercraft and passive use area, shown as Zones 4 and 5 on the
Inner Lagoon Survey Zones map on file in the city clerk‘s office.
(c) “Passive use area” means the eastern end of the inner lagoon east
of red marker buoys, shown as Zone 6 on the Inner Lagoon Survey Zones map on file in
the city clerk’s office.
(d) “Slalom course area” means that portion of the inner lagoon located
parallel to the southeastem shoreline within both the powerboat and passive use areas,
one thousand eight hundred fifty feet long and no more than one hundred fifty feet north
of the slalom course and one hundred fifty feet west of the passive use areas, as
delineated by marker buoys.
(e) “Interim Management Plan” means the Interim Management Plan to
facilitate the Agua Hedionda Lagoon Caulerpa Taxifoh Eradication Program, as
amended to date, which has been approved by the city council and is on file with the city
clerk’s office.”
(a) “Personal watercraft area” means that portion north of the red
(b) “Powerboat area” means the middle area of the inner lagoon,
SECTION 2. That Section 11.24.015 of the Carlsbad Municipal Code be
amended to read as follows:
“11.24.015 Special use area -Aqua Hedionda Laqoon.
Of the entire Agua Hedionda Lagoon, consisting of three sections known as
outer lagoon, inner lagoon, and middle lagoon, only the inner lagoon is declared to be a
“special use area” defined in California Harbors and Navigation Code Section 651
authorized for local rules by Section 600(a) as authorized by California Harbors and
Navigation Code Section 660. Use of the inner lagoon is subject to the provisions of this
chapter and any regulations adopted by resolution of the city council, including any
regulations contained in or established pursuant to the Interim Management Plan.”
SECTION 3. That Section 11.24.020 of the Carlsbad Municipal Code be
amended to read as follows:
“1 1.24.020 Laaoon use permits.
(a) It is unlawful to operate any type of vessel on the inner lagoon
without first obtaining a city annual or temporary lagoon use permit issued by the city
2of6 Ord. No. E3I
manager or a designee, or a daily lagoon use permit issued by the Snug Harbor Marina
office. The vessel operator shall display the city's annual permit decal in the specified
location at all time or possess and show upon request a valid city temporary or daily
lagoon use permit.
(b) Lagoon use permits may be denied, suspended, or revoked for
failure to comply with the provisions of this chapter or any regulations adopted pursuant
to this chapter, including any regulations contained in the Interim Management Plan.
(c) The City Manager is authorized to establish appropriate procedures,
consistent this chapter and applicable laws and regulations, for the issuance, denial,
suspension, or revocation of a lagoon use permit. The procedures for issuing a lagoon
use permit shall include, without limitation, the following requirements:
(1) Permit application and hold harmless indemnity agreement
shall be filled out and signed by a responsible adult;
(2) The current permit fee as established by the city council by
resolution must be paid;
(3) The fee is non refundable and nontransferable;
(4) Those vessels that are required by California Department of
Motor Vehicles to obtain vessel registration shall provide a copy of valid vessel
registration.
patrolling or maintenance by the lagoon owner and/or its representative."
(5) Lagoon use permits are not required for dredging, research,
SECTION 4. That Sections 11 24.055 of the Carlsbad Municipal Code be
repealed and reenacted to read as follows:
"11.24.055 Fishing.
(a) Fishing from the shoreline or from a passive vessel shall be limited
to the passive use area; fishing from a powerboat shall be limited to the powerboat area.
It is unlawful to cast fishing lines into any transit corridor or in the traffic pattern of any
vessel.
amended or repealed by further action of the city council."
(b) This section shall become operative on July 1, 2003, unless
SECTION 5. That Section 11 24.056 of the Carlsbad Municipal Code be
amended to read as follows:
"1 1.24.056 No fishina or anchoring.
(a) Notwithstanding any other provision of this chapter and except as
otherwise provided in this section, it is unlawful to fish or anchor a boat in any area of the
inner lagoon.
area or in the powerboat area if the city manager finds, based on available scientific
data, that allowing fishing or anchoring in these areas is consistent with the Interim
(b) The city manager may allow fishing or anchoring in the passive use
3of6 Ord. No. E31
Management Plan and will not cause the spread of Caulerpa faxifoh inside or outside of
the lagoon.
emergency situation in order to prevent personal injury or property damage.
shall automatically be repealed unless extended by further action of the city council.”
(c) Nothing in this section precludes a person from anchoring in an
(d) This section shall be operative until June 30,2003, at which time it
SECTION 6. That Section 11.24.057 of the Carlsbad Municipal Code be
enacted to read as follows:
“1 1.24.057 No larae wakes.
(a) Except when necessary for starting and stopping only, it is unlawful
to operate a pekonal watercraft or powerboat in any area of the inner lagoon in a
manner that generates wakes in excess of twelve (12) inches above the undisturbed
water line.
shall automatically be repealed unless extended by further action of the city council.”
(b) This section shall be operative until June 30, 2003, at which time it
SECTION 7. That Section 11.24.058 of the Carlsbad Municipal Code be
enacted to read as follows:
“11.24.058 Compliance with laqoon closures under Interim
(a) Notwithstanding any other provision of this chapter, it is unlawful to
Manaqement Plan.
enter or to cause a personal watercraft,-powerboat, or passive vessel to enter any area
of the inner lagoon that is closed for survey or eradication work under the Interim
Management Plan.
the inner lagoon in an emergency situation in order to prevent personal injury or property
damage.”
(b) Nothing in this section precludes the entering into a closed area of
SECTION 8. That Section 11.24.130 of the Carlsbad Municipal Code be
amended to read as follows:
“11.24.130 Compliance with chapter, reaulations and orders.
(a) It is unlawful for any person to violate any provision of this chapter,
including to refuse to follow or comply with regulations adopted pursuant to this chapter,
or with any lawful notice, sign, order, warning signals, or lawful direction of a police
officer, community services officer, or lifeguard, except for the purpose of making a
rescue.
(b). It is further unlawful for any person to deface, injure, knock down or
remove any notice, sign, or warning placed for the purpose of enforcing the provisions of
this chapter, or regulations adopted pursuant to this chapter.
4of6 Ord. No.
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(c) Operators of vessels on the lagoon shall, upon approach of a
marked enforcement vessel displaying a blue light, immediately yield the right-of-way to
the enforcement vessel and, upon direction of the operator of the enforcement vessel,
come to a stop."
SECTION 9. That Section 11.24.137 of the Carlsbad Municipal Code be
amended to read as follows:
"11.24.137 Enforcement bv police department - Authoritv of
communitv services officers.
use permits under Section 11.24.020, which shall be administered by the city manager or
a designee, the police department shall enforce this chapter, including any regulations
adopted by the city council pursuant to this chapter, along with any violation of the
California Harbors and Navigation Code, Penal Code, Vehicle Code, and their
implementing regulations, pertaining to the inner lagoon.
a designee to patrol the inner lagoon, the officer is charged with enforcement of the
above laws and regulations and authorized and empowered to act pursuant to Penal
Code Sections 836.5 and 853.6 to arrest or issue a citation to any person without a
warrant whenever,the officer has reasonable cause to believe that the person has
committed a violation these laws and regulations and the violation was committed in the
officer's presence."
(a) Except for the issuance, denial, suspension, or revocation of lagoon
(b) If a Community Services Officer 111 is assigned by the police chief or
SECTION 10. That Section 11.24.138 of the Carlsbad Municipal Code be
enacted to read as follows:
"11.24.138 Violations.
Violations of this chapter, or any regulations adopted pursuant to this
chapter, are subject to the provisions of chapter 1.08 of this code."
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.
INTRODUCED, AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 11th day of June ,2002, and thereafter
5 of 6 Ord. No. E31
PASSED AND ADOPTED at a regular meeting of the Carlsbad City Council
3n the day of , 2002, by'the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
6of6 Ord. No. __ NS-631
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RESOLUTION NO. 2002-173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD APPROVING THE INTERIM MANAGEMENT PLAN
TAXlFOLlA ERADICATION PROGRAM TO FACILITATE THE AGUA HEDIONDA LAGOON CAULERPA
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, Caulerpa Taxifolia has been identified as a highly destructive marine
alga which must be,prevented from spreading along the southern California coastline; and
WHEREAS, this species has been found in Agua Hedionda Lagoon in Carlsbad;
and
WHEREAS, a coalition of governmental agencies has been working to eradicate
this species from the lagoon; and
WHEREAS, a management plan would be beneficial in describing how continued
public recreational use of Agua Hedionda Lagoon can continue without interfering with
eradication work or increasing the risk of spread of the alga; and
WHEREAS, an ad-hoc committee consisting of citizens and representatives of
the involved agencies has prepared a draft plan for consideration by the City Council.
NOW, THEREFORE, the City Council of the City of Carlsbad hereby approves
the Interim Management Plan to facilitate the Agua Hedionda Lagoon Caulerpa Taxifolia
Eradication Program.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City oi
Carlsbad on the lth day of JUNE , 2002, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
CLAUDE A. LE
ATTEST: /?
,"," h7, %&?(
L RA E M. WOOD, City Clerk
(SEAL)
Page 2 of 2 of Resolution No. -2- 2002-173
STRIKE-OUT VERSION OF PROPOSED REVISIONS TO
CHAPTER 11.24 OF THE CARLSBAD MUNICIPAL CODE
11.24.010Definitions.
For the purposes of this chapter the definitions set forth in the State Harbors and
Navigation Code, Vehicle Code and California Administrative Code, as amended
to date, and as follows, shall apply:
(a) "Personal watercraft area" means that portion north of the red marker buoys at
the northwest end of the inner lagoon, shown as Zone 3 on the Inner Lagoon
Survey Zones map on file in the city clerk's office.
(b) "Powerboat area" means the middle area of the inner lagoon, between the
personal watercraft and passive use area, shown as Zones 4 and 5 of the Inner
Lagoon Survey Zones map on file in the city clerk's office.
(c) "Passive use area" means the eastern end of the inner lagoon east of the red
marker buoys, shown as Zone 6 on the Inner Lagoon Survey Zones map on file in
the city clerk's office.
(d) "Slalom course area" means that portion of the inner lagoon located parallel to
the southeastern shoreline within both the powerboat and passive use areas, one
thousand eight hundred fifty feet long and no more than one hundred fifty feet
north of the slalom course and one hundred fifty feet west of the passive use area,
as defined by marker buoys.
(e) "Interim Management Plan" means the Interim Management Plan to facilitate
the Agua Hedionda Lagoon Caulerpa Taxifolia Eradication Program, as amended
to date, which has been approved by the city council and is on file in the city
clerk's office.
11.24.015 Special use area--Agua Hedionda Lagoon.
Of the entire Agua Hedionda Lagoon, consisting of three sections known as outer
lagoon, inner lagoon and middle lagoon, only the inner lagoon is declared to be a
"special use area" defined in California Harbors and Navigation Code Section 651
authorized for local rules by Section 600(a) as authorized by California Harbors
and Navigator Code Section 660. Use of the inner lagoon is subject to the
provisions of this chapter and any regulations adopted by resolution of the city
council, including any regulations contained in the Interim Management Plan.
11.24.020 Lagoon use permits.
(a)It is unlawful to operate any type of vessel on the inner lagoon without first
obtaining a city annual or temporary lagoon use permit issued by the city manager
or designee, or a daily lagoon use permit issued by Snug Harbor Marina office. The
vessel operator shall display the city's annual permit decal in the specified location
at all times or possess and show upon request a valid city temporary or daily
lagoon use permit. 1
pex=B?&
(b) Lagoon use permits may be denied, suspended, or revoked for failure to
comply with the provisions of this chapter or any regulations adopted pursuant to
this chapter, including regulations contained in the Interim Management Plan.
(c) The city manager is authorized to establish appropriate procedures, consistent
with this chapter and applicable laws and regulations, for the issuance, denial,
suspension, or revocation of a lagoon use permit. The procedures for issuance of a
lagoon use permit shall include, without limitation, the following requirements:
(1) Permit application and hold harmless indemnity agreement shall be filled out
and signed by a responsible adult;
(2) The current permit fee as established by the city council by resolution must be
paid;
(3) The fee is nonrefundable and nontransferable;
(4) Those vessels that are required by California Department of Motor Vehicles to
obtain vessel registration shall provide a copy of valid vessel registration;
(5) Lagoon use permits are not required for dredging, research, patrolling or
maintenance by the lagoon owner and/or its representative.
11.24.055 Fishing.
&Fishing from the shoreline or from a passive vessel shall be limited to the
passive use area; fishing from a powerboat shall be limited to the powerboat area.
It is unlawful to cast fishing lines into any transit corridor or in the traffic pattern of
any vessel.
(b) This section shall become operative on July 1,2003, unless amended or
repealed by further action of the city council.
11.24.056 No fishing or anchoring-.
(a) Notwithstanding any other provision of this chapter and except as otherwise
provided in this section, it is unlawful to fish or anchor a boat in
any area of the inner lagoonm
(b) The city manager maya
fishing4 =anchoring in- the passive use area or the
powerboat area if the city manager finds, based on available4wdegd scientific
data, thatk
with the Interim Management Plan and will not cause the spread of Caulerpa
taxifolia inside or &outside of the lagoon.
(c) Nothing in this section precludes a person from anchoring in an emergency
situation in order to prevent personal injury or property damage.
. ..
. ..
. .. . .. . .. allowing fishing or anchoring in these areas is consistent
2 Of4
(d) This section shall be operative until- June 30,2003, at
which time it shall be automatically repealed unless extended by further action of
the city council.
11.24.057 No large wakes.
@ It is unlawful to operate a personal watercraft or powerboat in any area of the inner
lagoon in a manner that generates wakes in excess of twelve (12) inches above the
undisturbed water line.
(bJ This section shall be operative until June 30,2003, at which time it shall
automatically be repealed unless extended by further action of the city council.
11.24.058 Compliance with lagoon closures under Interim Management Plan.
@ Notwithstanding any other provision of this chapter, it is unlawful to enter or to cause
a personal watercraft, powerboat, or passive vessel to enter any area of the inner lagoon
that is closed for survey or eradication work under the Interim Management Plan.
(bJ Nothing in this section precludes the entering into a closed area of the inner lagoon in
an emergency situation in order to prevent personal injury or property damage.
11.24.130 Compliance with chapter, regulations, and orders.
&It is unlawful for any person to violate any provision of this chapter, including
to refuse to follow or comply with& regulations adopted pursuant to-%&ia
442445 this chapter, or with any lawful *sign, order, warning signals, or
ether lawful direction of a police officer, a community services officer or a
lifeguard except for the purpose of making a rescue+x2
(b) It is further unlawful for any person without lawful authority to deface, injure,
knock down or remove any, notice, sign2 or warning placed for the purpose of
enforcing the provisions of this chapter, or regulations adopted pursuant to this
&Operators of vessels on the lagoon shall, upon approach of a marked
enforcement vessel displaying a blue light, immediately yield the right-of-way to && enforcement vessel and, upon direction by the operator of the enforcement
vessel, come to a stop.
chapter.
11.24.137 Enforcement by police department-Authority of community
services officers.
&Except for the issuance, denial, suspension, or revocation of &lagoon use
pemitsp& Section 11.24.020,
which shall be administered by the city manager, the police department shall
enforce this chapter, including violation of any regulations adopted by the city
council pursuant to- this chapter, along with any violation of the
3 of4
California Harbors and Navigation Code, Penal Code, Vehicle Code, or
(bJ-Tke~ Community Service Officer III&& weassigned by the-e&e&a€
implementing regulations thereof, pertaining to the inner lagoon.
police*f or designee t- patrol the inner m, the officer is atecharged with enforcement of thewem laws and
regulations, and-& authorized and empowered to act pursuant to Penal Code
Sections 836.5 and 853.6 to arrest or issue a citation to any person without a
warrant, wheneverfttdt theofficer has reasonable cause to believe- the person
has committed a violation of& -laws or regulations
and the violation was committed in the
officer's presence.
11.24.138 Violations.
Violations of this chapter, or any redations adopted pwsuant to this chapter, are subiect
to the provisions of chapter 1.08 of this code.
EXHlBlT 5
INTERIM MANAGEMENT PLAN
TO FACILITATE THE AGUA HEDIONDA LAGOON
CAULERPA TAXIFOLIA ERADICATION PROGRAM
June 4,2002
Prepared by:
Agua Hedionda Lagoon User Representatives (AHLUR)
the
Southern California Caulerpa Action Team (SCCAT)
and the
City of Carlsbad
Police Department
Planning Department
INTERIM MANAGEMENT PLAN
TO FACILITATE THE AGUA HEDIONDA LAGOON
CAULERPA TAXZFOLZA ERADICATION PROGRAM
PURPOSE AND 0 VER VIE W
The purpose of this Interim Management Plan for Agua Hedionda Lagoon
("Management Plan") is to facilitate the successful implementation of the Rapid
Response and Eradication Program for the invasive green alga, Caulerpa faxifilia
overseen by the Southern California Caulerpa Action Team ("SCCAT"). The
Management Plan provides a regulatory framework for a cooperative relationship
between lagoon users and those overseeing and implementing the eradication efforts. It
includes elimination of some recreational uses altogether as well as time and place
regulation of other recreational activities until Caulerpa can be eradicated from the
lagoon system. The Management Plan is being undertaken as a pilot effort in an attempt
to minimize impacts to lagoon users while continuing to accomplish the work necessary
to eradicate Caulerpa from the lagoon.
The overriding purpose of this Management Plan is to facilitate the safe and
efficient eradication of Cuulerpa fuxifolia in an expeditious manner and thereby
minimize the risk of spread of this species to the outer coast. Thus, the regulations
contained within it are designed to accommodate Caulerpa fuxifolia surveys and
eradication efforts first and, secondarily, recreational use of the lagoon. Safe
implementation of the program is construed to mean that the program is safe for the
public lagoon users as well as for the eradication implementation team.
Management Plan implementation is to be overseen by SCCAT members with
the cooperation of recreational lagoon users and the concurrence of the City of Carlsbad.
Participation of recreational lagoon users is an essential element of this plan, particularly
businesses and waterfront property owners who control or regulate access to the lagoon.
Successful implementation will depend on educating all lagoon users and self-policing
by recreational users. Also, adequate notice of survey and eradication efforts by SCCAT
is an essential component of the Plan.
Although the Plan anticipates voluntary compliance, recreational use limitations
established by the Plan are to be incorporated into the Agua Hedionda Lagoon
Regulations found in Chapter 11.24 of the Carlsbad Municipal Code ("CMC") and will
be subject to enforcement by the Carlsbad Police Department, as well as other law
enforcement personnel, including, but not limited to, California Department of Fish &
Game wardens.
1
SCOPE AND DEFINITIONS
The scope of this Management Plan is limited to the inner lagoon portion of the
Agua Hedionda Lagoon that is subject to the regulations found in Chapter 11.24 of the
Carlsbad Municipal Code.
This Management Plan is specifically designed to address an interim condition of
the lagoon and is not intended to establish a permanent change in lagoon uses. Long-
term lagoon uses are subject to actions of the underlying private land owner, the City of
Carlsbad , and various state and federal resource and regulatory agencies acting within
the context and constricts of their individual regulatory authorities. Nothing in this
Management Plan shall be construed as either expanding or contracting the separate
authorities of these parties and nothing in this plan shall be construed as dictating future
options for lagoon management.
The definitions in Section 11.24.010 of the Carlsbad Municipal Code apply to this
Management Plan. Other definitions applicable to this plan are outlined as follows:
Agua Hedionda Lagoon User Representatives (AHLUR) - The following
representatives:
Wayne Brechtel, Bristol Cove Property Owners Association
Jim Courtney, Carlsbad Boat Club
0 Gene Huber, North Shore Property Owners
Mike Marsdoflloyd Packard, Recreational Boating
0 Richard Mahler, Bristol Cove Boat & Ski Club
Diane Richards, Passive Users
Greg Rusing, California Water Sports
Designated representatives may be changed by providing written notice to the
City of Carlsbad and the SCCAT Steering Committee.
Eradication Activities - All activities including survey and treatment being undertaken
within Agua Hedionda Lagoon to eliminate the presence of Caulerpa.
Eradication Team or Eradication Contractor - Any person or entity under contract
with the City of Carlsbad or authorized by the City of Carlsbad to conduct
Caulerpa taxifolia, eradication work within Agua Hedionda Lagoon.
SCCAT - Southern California Caulerpa Action Team, a multiple agency and
organization group established to respond to the California infestations of
Caulerpa taxifolia, including, among others, representatives from the Regional
Water Quality Control Board, California Department of Fish and Game, National
Marine Fisheries Service, Agua Hedionda Lagoon Foundation and Cabrillo Power
I, LLC. The City of Carlsbad's City Manager or a designee is invited to attend all
2
SCCAT and SCCAT Steering Committee meetings to serve as a liaison between
the City and these groups.
SCCAT Steering Committee - The decision-making managing board of SCCAT
consists of the following:
Robert Hoffman, National Marine Fisheries Service (lead Federal agency)
William Paznokas, California Department of Fish & Game (lead State agency)
Bruce Posthumus, Reg. Water Quality Control Board-Reg. 9 (SCCAT chair)
Lars Anderson, US. Dept. of Agriculture (SCCAT Tech. Committee chair)
Lagoon Management Committee - The collective authors of the Management Plan are:
SCCAT, AHLUR, and representatives from the City of Carlsbad Recreation,
Planning and Police Departments.
EXTENSION OF FISHING AND ANCHORING PROHIBITION
Fishing and anchoring of vessels have been identified as one cause of Caulerpa
taxifolia spread in other jurisdictions. To avoid this potential risk factor, all fishing and
anchoring of vessels within the inner lagoon shall be prohibited for a preliminary period
of one (1) year. However, prior to November 2002, the SCCAT Steering Committee will
assess the feasibility of opening the east end of the lagoon to fishing during the period of
November 2002 through April 2003 and will make the appropriate recommendation to
the City of Carlsbad.
Implementation: CMC Amendment, effective until June 1, 2003. Prior to any
scheduled expiration of the fishing and anchoring prohibition, the Lagoon Management
Committee shall report back to the Carlsbad City Council and make recommendations
regarding whether it should be extended andor modified.
Enforcement: Carlsbad Police Department and other law enforcement
personnel, not limited to California Department of Fish & Game wardens.
SURVEY ZONE CLOSURES
Early detection, containment and treatment are essential to successful eradication
of Caulerpa taxifilia. This Management Plan seeks to maximize survey conditions and
allow for efficient and safe surveys by SCCAT members. To carry out these objectives,
the inner lagoon is divided into six (6) survey zones and defined transit corridors ( Figure
1). Figure 2 includes a preliminary schedule for completion of work during Spring and
Summer 2002 based on an estimate of the days required to complete the work in each
area. The estimates are not fixed guarantees, but are general guidelines for completion
of the surveys. Survey times can be longer and shorter depending upon a number of
unpredictable factors, including funding, weather, water clarity, tides, and the presence of
Caulerpa requiring treatment.
3
Lagoon zones shall be closed for surveys as follows:
Zone 1: No closure. Survey and eradication efforts shall be coordinated with use
of Zone 1 by recreational users for boat transit purposes.
Zone 2: Closed to all recreational use. No limitation of survey and eradication
work including weekends and holidays.
Zone 3: Closures shall generally be limited to periods before llam that are
coordinated with tide cycles and California Water Sports group uses to the extent
practical. Closure schedules in Zone 3 are anticipated to be more dynamic due to its
close proximity to the lagoon inlet which creates significant currents during tidal
exchange periods and which can impair survey effectiveness.
Zones 4 and 5. Closed during survey periods between the hours of 7:OO a.m. and
3:OO p.m. However, use of the Slalom course shall be permitted, subject to closure if it is
determined by the Eradication Team or Eradication Contractor, subject to review by the
City of Carlsbad, that such use is impeding survey or eradication efforts. Generally,
Zones 4 and 5 will be closed simultaneously to reduce turbulence and turbidity during
surveys. Simultaneous closure of Zones 4 and 5 is a concern to recreational users,
particularly during the summer months, because the dual closures will exclude most
powerboats during the time of greatest use. At the same time, the ability to survey Zones
4 and 5 during summer months is important to the Caulerpa eradication program because
plant growth is most rapid in the warmer months. In an effort to accommodate these
competing interests, surveys of Zones 4 and 5 will be staggered during August, so that
one zone stays open while the other is closed. In addition, no surveys of Zones 4 and 5
are scheduled during July, and the late summer survey is not scheduled to begin until the
third week of September.
Zones 6. Zone 6 shall remain open to passive uses and use of the slalom course.
Uses shall be permitted subject to closure if it is determined by the Eradication Team or
Eradication Contractor, subject to review by the City of Carlsbad, that such uses are
impeding survey or eradication efforts.
4
r
W
Transit Zones: Transit zones shall be no wake 5 mph zones within 200 feet of
any eradication efforts. Transit zones shall stay open during closure periods, unless it is
determined that portions must be closed to accommodate survey or eradication efforts.
In such instances, the duration of any transit zone closure shall be limited to the extent
possible and alternative transit shall be accommodated around the closure area.
Slalom Course: The slalom course shall remain open under the current
governing regulations. However, when eradication work is to occur within the course
area, this work shall take precedence over other uses, and boats will not be run through
the course while eradication activities are within 200 feet of the course. Course users are
expected to experience intermittent delays while the area is surveyed.
Weekends and Holidays: With the exception of Zone 2, which is closed entirely
to recreational use, closures shall not occur unless it is determined that special
circumstances require work during weekends and holidays. In such instances, closures
shall be limited to the extent possible.
Impact of Closures: Except where expressly stated otherwise, closure of a zone
shall prohibit all recreational activities. Non-closure of a zone shall not prohibit ongoing
eradication work. Recreational use of a closed zone may be allowed on individual days,
if such use would not impede survey or eradication work. There is no obligation to
allow use of a closed zone, and any authorization granted will never extend beyond the
day it was granted.
Implementation: Closures shall be scheduled by the eradication contractor, at
least one week in advance whenever possible, and notice shall be provided as follows:
1. Weekly Postings: At the beginning of each week, a schedule of closure dates and
times, going out at least four weeks, shall be posted at lagoon launch facilities,
selected public access points and on a designated internet website. A copy will
also be placed on file in the City Clerk's office. The postings shall include a zone
map with closure information, the date the schedule was last updated and a call-in
telephone number for more current information.
2. Daily Updates: Daily updates of closure information will be provided on a
recorded telephone message that can be accessed by using the designated call-in
number.
This Plan provides a flexible approach to allow extension of closures when necessary
and reduction in closures when circumstances allow. For this reason, a daily check of
the dial-in recording is considered to be the best source for current information.
Closure Markers: During closure periods, individual Zones shall be marked with
a centrally located closure marker.
7
AREA CLOSURES FOR CAULERPA TREATMENT
It is anticipated that Caulelpa infestation areas are likely to be found during the
completion of summer season surveys. To minimize spread of Cuulerpu, it is imperative
that material be contained and treated in the most expeditious fashion practical. This may
require up to several days to accomplish containment and treatment of identified patches,
and work will generally commence upon identification and assessment of any material
located. While treatment is being accomplished in a given area, one or more affected
zones may be closed to recreational uses, or smaller treatment areas may be buoyed off to
protect the treatment area and eradication team staff working within the site. Treatment
areas shall be fully marked and monumented during completion of work. Closures for
treatment may occur at any time and will be noticed on the dial-in recording. Efforts
will be made to efficiently and expeditiously treat any identified Cuulerpu.
PROHIBITION OF LARGE WAKES
Creation of large wakes within the inner lagoon shall be prohibited for a
preliminary period of one (1) year. For purposes of this section, large wakes are defined
as wakes in excess of 12 inches when measured from the undisturbed water surface to the
top of crest.
Implementation: CMC Amendment, effective until June 1, 2003. Prior to any
scheduled expiration of the large wake prohibition, the Lagoon Management Committee
shall report back to the Carlsbad City Council and make recommendations regarding
whether it should be extended and/or modified.
Enforcement: Large wake generation prohibitions shall be enforced by the
Carlsbad Police Department and other law enforcement personnel, not limited to
California Department of Fish & Game wardens.
SAFETY
To help ensure the safety of the public using the lagoon and the eradication team,
the following actions are to be taken: 1) eradication efforts are to be coordinated with the
public through internet and call-in notification processes described elsewhere; 2)
eradication work areas are to be well marked while activities are underway; 3) areas
supporting small floats are to be denoted by larger floats delimiting the area, and no small
floats are to be left in the water over a weekend; 4) lines placed on the bottom to guide
surveys or mark treatment areas shall be well anchored near the bottom and shall be of a
non-floating material; and, 5) except as required in transit lanes, boaters are to keep 200
feet from eradication vessels flying a dive flag or operating a survey beacon denoting
limited maneuverability. Within transit lanes, boats passing within 200 feet of an
eradication operation shall maintain a speed of 5 mph.
8 30
This Plan does not alter the City of Carlsbad’s authority to regulate the lagoon for
safety purposes. If at anytime the City deems that the Plan is either not being safely
implemented or cannot be safely implemented, the City shall take whatever actions it
deems prudent and are required to ensure protection of all lagoon users.
INSPECTION OF VESSELS AND EQUIPMENT
While Caulerpa taxifilia is negatively buoyant and thus tends to sink, there is a
slight potential that material may be inadvertently picked up on boats, trailers, water
skies, wakeboards, or other equipment and transferred out of the lagoon and potentially to
other waterbodies. To curb the risk of Caulerpa spread, lagoon users shall inspect their
personal boats and equipment for any fragments of Caulerpa whenever they are pulled
from the water. In the event that any plant material is found on equipment or vessels, the
material shall be removed, be placed in a sealed container and be disposed of pursuant to
posted directions or, in the alternative, shall be turned over to a representative of the
Eradication Team or Eradication Contractor, along with any information that may be
helpful in determining the source of material within the lagoon, such as areas in which
the vessel or equipment had been last used. As a condition of obtaining a Lagoon Use
Permit, equipment and vessels leaving the lagoon shall be subject to inspection for the
presence of Caulerpa by the Carlsbad Police Department and other law enforcement
personnel, not limited to California Department of Fish & Game wardens.
OVERALL PLAN ENFORCEMENT
This Plan is intended to be adopted through amendments to the Carlsbad
Municipal Code and shall be enforceable by the Carlsbad Police Department, as well as
other law enforcement personnel, not limited to California Department of Fish & Game
wardens. Penalties for violations may entail fines andor denial, suspension or revocation
of lagoon permits.
It is to the benefit of all lagoon users to self-police their activities and voluntarily
comply with this Management Plan in order to best protect the safety of the general
public and members of the Caulerpa eradication team, and to most effectively facilitate
the efficient implementation of the Caulerpa eradication program.
PLAN APPROVAL:
This Plan shall be subject to adoption by the City of Carlsbad by resolution of the
City Council. The the Agua Hedionda Lagoon Ordinance, found in Chapter 11.24 of
the Carlsbad Municipal Code, shall be amended where necessary to ensure the closure
and use regulations of this Plan are enforceable.
9 31
PLAN AMENDMENTS
This Plan has been prepared to address concerns for efficiency of eradication
efforts, as well as safety concerns for both public lagoon users and eradication teams.
The Plan is a pilot effort to coordinate activities to the extent practical. However, it has
no precedent within the lagoon and, as such, should be considered a trial attempt.
Recognizing this fact, it is assumed that there may be occasions where there is a need to
revisit elements of the Plan and make amendments. Such needs have been contemplated
in the drafting of this Plan. To ensure that Plan flexibility is provided and readily
accommodated, the following approval and amendment process is incorporated.
Plan amendments shall require approval of the City of Carlsbad by resolution of
the City Council. Prior to consideration of any Plan amendments, written notice of the
proposed amendments shall be provided to the SCCAT Steering Committee, Agua
Hedionda Lagoon User Representatives, City of Carlsbad's City Manager, Planning
Director, Police Chief, and Recreation Director, or their designated representatives.
Whenever possible, at least 30 days notice shall be provided, and the parties shall meet to
discuss and work in good faith towards a consensus recommendation to the City Council.
If a consensus is not reached, the City Council shall be informed of the differing
viewpoints.
ANNUAL REVIEW AND REPORT TO THE CITY COUNCIL
The Lagoon Management Committee shall report back to the Carlsbad City
Council annually, beginning no later than January 2003, regarding the Management
Plan's effectiveness and shall make recommendations regarding extension andor
modification of Plan elements as required by the Plan or as the Committee or its members
deem appropriate.
10
June 10,2002
I
Councilwoman Ann Kulchin
1200 Carlsbad Village Drive
Carlsbad, CA 92008 +..
Dear Ann, '*
As agreed during our lagoon tour several months ago, I am sending you this note with an observation that may
be relevant to the current agenda item regarding the Agua Hedionda Interim Management Plan for Recreational
users.
As you, the Mayor and your fellow council members are aware, we have a set of Regulations for navigation of
powerboats on the lagoon that date back four decades. These Regulations have served us very well as evidenced
by our excellent safety record. They were well thought out by early users and the lawmakers of the time and
have been modified over the years only in response to Mer contraction of the usable waterway due to periodic
shoaling and the establishment ofjet ski and passive use. areas.
The Rules deal with such issues as traffic patterns on the lagoon, water-ski procedures, maximum number of
vessels allowed and a maximum size limit. It is the modification of this last item that I call your attention to.
We have now added the element of scuba diving and the Caulerpa management team to the lagoon activities. It
is critical that we preserve our fundamental powerboat safety rules in addition to any new regulations required to
accommodate the Caulerpa operation.
Enclosed please fmd a copy last year's Lagoon Permit Application and the same form for this year. You will
note that in this year's form, boat lengths of up to 23 feet are allowed subject to inspection by the Lagoon Patrol.
I am not aware of any change in the City Code that would allow an increase in maximum boat length allowed on
the lagoon.
In my opinion, the 21-foot rule is sound and should be preserved. With larger, heavier boats comes a decrease
in maneuverability and visibility along with an increase in water turbulence and wake size, both elements
claimed to be a detriment to the diving operations that are ongoing through the summer season. The fact that
larger trailer boats are now being manufactured and are popular for such activities as wake boarding is not a
valid reason to invalidate our existing size limit. After all, where does it end?
Those that crafted the original Rules had it right. 2 1 feet is a sensible and fair size limit, especially under the
current circumstances. The issue of permits to vessels over 2 1 feet in length should cease and desist and any
permits already issued to such vessels should be rescinded and refunds made to the permit holder.
Thank you for your continued interest and support in the preservation of the safe recreational use of our Lagoon.
Yours truly,
Captain Bob Payne
4061 Skyline Road
cc:
Mayor Bud Lewis
Councilwoman Julianne Nygaard
Councilwoman Ramon Finilla
Councilman Matt Hall
Tom Frey, BCPOA
CITY OF CARLSBAD - RECREATION DEPARTMENT
PLEASE PRINT 1 Note: Application and vessel registration must be in same name J
PERMIT FOR: Powerboat I/ Make*pNN Length /y 5 (21'rnax.)
Sailboat MsUl
Boardsail
(18' ma. for all passive vessels)
Other (descrybe): 49
/
PWC (Under 12' in length)
Permits
transferable
are not
.. Length
VESSEL REGISTRATION ,. N@BER: ~~GiiSiiTor~wii~es~n~ats over 8 feet)
' I (Rwnember td attach 'a copy of the cwrent yw+r *,gtstrat~on)l '.
Please obtain your launching faciltly permit prior to applying for your City permit and remember
c v)
u. pe
I AGUA HEDIONDA LAGOON AGREEMENT
InconslderatlonofthelssuanceofapermittouseAguaHedlondaLagoon,ilwcuagreetolndemnityands~
harmless the City of Carisbad, and Ita offlcers and employees, Mom and against any and all clail
demands, IlabllW, or lossesof any Wnd or nature virhich the City, its officers, or employees may SUM
or Incur or which may be imposed upon them for Injury to or death of persons or damage to prop*
a result'of or arising-out of mylour 'use of Agua Hedionda Lagoon lncludlng any Injury or death to me
or mylour family, or damage to mylour property. We further agree to pay any and all costs and reasona
attorneys' fees Incurred by the City on account of any such clalmo;'demands, Ilabllines, or losses. T
agreement shall not apply to claims, demands, liabilities or losses proved to have been caused solely
the active negligence or-Intentional mlsconduct of the city or Its officers or employees. In executing t
agreement,.lfwe accept all risks present In uslng the Lagoon Including but not limited to risks created
the use of the Lagoon by oulers, or from the condition of thekegoon surface, bottom or shoreline, exc
to the extent th created by active negllgence of the City or Its officers or employees
SiGNATURE (Regls egal owner) DATE
Master Card Expiration
Dam. Slgnature
VERiW. SHM# BC# CBC DMV- RESIDENT BC Non-Res-
Fee: $ (less Dally Credit $ ) = $ Paid by: ChecWCash/Charge
Annual Power Add'l Power Annual Passive Add'l Passive Replacement 6001 LG -6oMLG - 6003LG - 6004LG - 6009LG 2- z & Permit Issued: Temporary Annual 5 Dates. trnm - tn Ikv n-t- n...
CITY OF CARLSBAD - RECREATION DEPARTMENT
PLEASE PRINT- For special lagoon notices, please provide Email:
PHONE NO. ( )
OWNERS' NAME (LAST) (FIRST) (INITIAL) (HOME)
0
ADDRESS CITY ZIP (WORK)
PERMIT FOR: Powerboat'*- Make Length (21' maX) ***Anv Dowerboat between 21'- 23' must be insDected and aDDfOVed bv laaoon patrol: call 760/931-2203). 0 Note: PWC (Under 12' in length)
Permits Sailboat Length (1 8' max. for all passive vessels)
are not Boardsail
transferable Other (describe): Length
VESSEL REGISTRATION NUMBER: CF (Required foropoweredvessels amoats ove-el)
[(Remember ta attach a copy at the current year's reglstratlan)]
Please obtain your launching facility permit prior to applying for your City permit and remember
to indicate your 2002: Snug Harbor # Bristol Cove # CBC
AGUA HEDIONDA LAGOON AGREEMENT
I- tn
LL E
1
Master Card Expiration
or Visa No. Date: Signature
mmmmmmmmmmmmmmmmm mmmm.mmmmmmmmmm mom mmmmmmmmm mmmem..mm.mm.-.m.. ionly fill these out if using this payment option)
FOR OFFICE USE ONLY
VERIFY: SHM# BC# CBC DMV RESIDENT BC Non-Res-
In consideration of the issuance of apermittouse Agua Hedionda Lagoon, Vweagreeto indemnify andsal
harmless the City of Carlsbad, and its officers and employees, from and against any and all claim
demands, liabilities, or losses of any kind or nature which the City, its officers, or employees may sustai
or incur or which may be imposed upon them for injury to or death of persons or damage to property E
a result of or arising out of my/our use of Agua Hedionda Lagoon including any injury or death to me/L
or mylour family, or damage to my/our property. We further agree to pay any and all costs and reasonabl
attorneys' fees incurred by the City on account of any such claims, demands, liabilities, or losses. Thi
agreement shall not apply to claims, demands, liabilities or losses proved to have been caused solely b
the active negligence or intentional misconduct of the city or its officers or employees. In executing thi
agreement, Vwe accept all risks present in using the Lagoon including but not limited to risks created b
the use of the Lagoon by others, or from the condition of the Lagoon surface, bottom or shoreline, excel
to the extent that those risks are created by active negligence of the City or its officers or employees.
SIGNATURE (Registerednegal owner) DATE
Fee: $ (less Daily Credit $ )= $ Paid by: ChecWCashlCharge
w Annual Power Add'l Power Annual Passive Add7 Passive I Replacement
a- 6001 LG -6002LG -6003LG -6004LG -6009LG z & Permit Issued: Temporary Annual 4 Dates: from - to /by Date /by 5/02
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