HomeMy WebLinkAbout2004-03-09; City Council; 17541; Plan Extension: Agua Hedionda LagoonAB# 17,541 TITLE:
MTG. 3/9/04 EXTENSION OF INTERIM PLAN
DEPT. PLN
, AGUA HEDIONDA LAGOON
RECOMMENDED ACTION:
DEPT.HD- #* CITY ATTY.
CITY MGRZi?
That the City Council INTRODUCE Ordinance No.
Interim Plan to facilitate Caulerpa eradication and monitoring until June 30, 2005.
NS-700 , extending the term of the
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 had been off-limits since the initial detection of Caulerpa taxifolia in June 2000. On
May 20, 2003, the City Council extended the term of the newly revised Interim Plan until June 30,
2004.
SCCAT has recommended to the City that the Interim Plan be extended again for another year, from
June 30, 2004 until June 30, 2005. All regulations within the Interim Plan would remain in force until
June 30, 2005 at which time they will be automatically repealed unless extended by Council action.
In 2001, limitations on recreational use were instituted to facilitate underwater survey and eradication
activities. These limitations have been gradually relaxed as surveys have shown the containment
efforts to be highly successful. Surveys have not detected Caulerpa in Agua Hedionda Lagoon since
September 2002. Since May 2003, the zones that define recreational use in the Lagoon have
returned to their “pre-Caulerpa” configurations, which include active uses in Snug Harbor. The
interim Plan’s restrictions continue to be the prohibition on anchoring, the limitation on wake height,
and the restriction of fishing to the eastern, passive use area of the Lagoon.
Three code sections are proposed for amendment (1 1.24.055, 11.24.056 and 11.24.057), which will
replace references to 2004 with 2005. The fishing and large wake limitations currently in effect in the
lagoon, as well as the Interim Plan itself, will be extended for another year until June 30,2005.
By approving the proposed one-year Extension of the Interim Plan, monitoring efforts can continue
while allowing for recreational use. On-going monitoring by the SCCAT and City partnership will
ensure that neither the eradication effort, nor public safety of Lagoon use is compromised.
ENVIRONMENTAL:
Extending the Interim Plan and amending Chapter 11.24 is categorically exempt from the California
Environmental Quality Act (CEQA) per Section 15308 the CEQA Guidelines, which exempts the
actions of governmental agencies to establish regulations or procedures to assure protection of the environment.
FISCAL IMPACT:
Extending the Interim Plan for another year will not create any additional fiscal impact to the City.
EXHIBITS:
1. City Council Ordinance No. NS-700
2. Strikeout Version of Revisions to Chapter 11.24 of the Carlsbad Municipal Code.
Department Contact: Eric Munoz, (760) 602-4608, emuno8ci.carlsbad.ca.us
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ORDINANCE NO. NS-700
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CHAPTER 11.24 OF
THE CARLSBAD MUNICIPAL CODE TO EXTEND THE INTERIM
PLAN FOR 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 Chapter 11.24, which regulates Agua
Hedionda Lagoon and effect the Interim Plan, are set to expire on June 30, 2004; 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, 2005.
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, 2005, 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:
“1 1.24.056 No fishinq or anchoring in posted areas.
(d) This section shall be operative until June 30, 2005, at which time it shall
SECTION 3. That Section 11.24.057(b) of the Carlsbad Municipal Code be
automatically be repealed unless extended by further action of the city council.”
amended to read as follows:
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"1 1.24.057 No large wakes.
(b) This section shall be operative until June 30, 2005, at which time it shall
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.
automatically be repealed unless extended by further action of the city council."
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 9th day of March 2004, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAl N:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
Ordinance No. NS-700 page 2
-2- 3
EXHIBIT 2
STRIKEOUT/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, 2884 2005, 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 5
9, 1999: Ord. NS-292 3 1 (part), 1994)
11.24.056 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, 2884 2005, at which time it shall automatically
be repealed unless extended by further action of the city council. (Ord. NS-631 5 5, 2002: Ord.
NS-630 $j 5,2002: Ord. NS-596 5 1,2001 : Ord. NS-595 5 1 , 2001)
1 1.24.057 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, 2884 2005, 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)