The URL can be used to link to this page

Home My WebLink About2003-05-20; City Council; 17178; Amendment to Chapter 11.24 Agua Hedionda LagoonTITLE: MTG. 5-20-03 DEPT. HD. DEPT. PLN# AMENDMENT TO CHAPTER 11.24 AGUA HEDIONDA LAGOON RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. NS-661 the Interim Plan to facilitate Caulerpa eradication until June 30,2004. , extending the terms of ITEM EXPLANATION: On May 13, 2003, the Southern California Caulerpa Action Team (SCCAT) made recommendations to the City Council to modify the Interim Plan for Agua Hedionda Lagoon to re-open an area for passive use that has been off-limits since the initial detection in June 2000. The SCCAT recommendations were approved by the Council and are in place. However, the municipal ordinance that references and establishes the Interim Plan (Chapter 11.24) must be extended prior to expiration at the end of June 2003. Specifically, three sections are proposed for amendment (I 1.24.055, 11.24.056 and 11.24.057), which will replace references to 2003 with 2004. The fishing and large wake limitations currently in effect in the lagoon, and the Interim Plan, will be extended for another year until June 30,2004. By approving the proposed ordinance amendments and extending the terms of the Interim Plan, the eradication and monitoring effect can continue while allowing for increased recreational use of the lagoon. On-going monitoring of the situation by the SCCAT and City partnership will ensure that neither the eradication effort, nor public safety, is compromised. The effort to bring the Interim Plan changes forward on May 13, 2003 in advance of these related ordinance changes is reflective of SCCAT’s commitment to the City and lagoon-user community to propose increases to lagoon use as soon as survey results allowed. The May 13 action allowed for these increased use changes to be approved in advance of the start of the high use summer season of Memorial Day weekend. These ordinance changes, however, are necessary to extend the provisions beyond June 30,2003 until June 30, 2004. SCCAT will provide updates to the City Council as necessary during the course of the next year. ENVIRONMENTAL: Adoption of the 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 pf the CEQA Guidelines. This section exempts the actions of governmental agencies to establish regulations or procedures to assure protection of the environment. FISCAL IMPACT: City staff is already involved in various aspects of the eradication program so that extending the subject provision for another year will not create any additional fiscal impact to the City. EXHIBITS: 1. Ordinance No. IJS-661 2. Strikeout Version of Proposed Revisions to Chapter 1 I .24 of the Carlsbad Municipal Code. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-661 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 11.24 OF THE CARLSBAD MUNICIPAL CODE TO AID IN THE SURVEY AND ERADICATION OF CAULERPA TAXlFOLlA IN AGUA HEDIONDA LAGOON. WHEREAS, portions of Agua Hedionda Lagoon have been infested with Caulerpa taxifolia, an invasive marine seaweed; and WHEREAS, the Southern California Caulerpa Action Team (SCCAT) has been coordinating with the City to eradicate Caulerpa while also allowing for recreational use of the lagoon via the Interim Management Plan as amended by the City Council on May 13, 2003; and WHEREAS, the current provisions of the Chapter 11.24, which regulates Agua Hedionda Lagoon, that affect the Interim Plan are set to expire on June 30, 2003; and WHEREAS, SCCAT is recommending that the City Council amend the appropriate sections of Chapter 11.24 that will effectively extend the Interim Plan and its provisions until June 30, 2004. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION 1. That Section 11.24.055(6) of the Carlsbad Municipal Code be amended to read as follows: “1 1.24.055 Fishing. (b) This section shall become operative on July 1, 2004, unless amended or repealed by further action of the city council.” SECTION 2. That Section 11.24.056(d) of the Carlsbad Municipal Code be amended to read as follows: “11.24.056 No fishinn or anchorinq in posted areas. (d) This section shall be operative until June 30, 2004, at which time it shall automatically be repealed unless extended by further action of the city council.” SECTION 2. That Section 11.24.057(b) of the Carlsbad Municipal Code be amended to read as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “1 1.24.057 No larae wakes. (b) This section shall be operative until June 30, 2004, at which time it shall automatically be repealed unless extended by further action of the city council.” EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication 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 20th day of MAY 2003, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDEA. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) Ordinance No. NS-661 -2- EXHIBIT 2 STRlKEOUT/BOLD VERSION OF ORDINANCE CHANGES 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. (b) This section shall become operative on July 1, WX3 2004, unless amended or repealed by further action of the city council. (Ord. NS- 631 4, 2002: Ord. NS-630 9 4, 2002: Ord. NS-509 § 9, 1999: Ord. NS-292 § 1 (part), 1994) I I .24.056 No fishing or anchoring in posted areas. (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. (b) The city manager may allow fishing or anchoring in the passive use 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. (c) 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 June 30, WX3 2004, at which time it shall automatically be repealed unless extended by further action of the city council. (Ord. NS-631 § 5, 2002: Ord. NS-630 $j 5, 2002: Ord. NS-596 § 1 , 2001: Ord. NS-595 § 1, 2001) 11.24.057 No large 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 inches above the undisturbed water line. (b) This section shall be operative until June 30, 2X3 2004, at which time it shall automatically be repealed unless extended by further action of the city council. (Ord. NS-631 6, 2002: Ord. NS-630 6, 2002)