HomeMy WebLinkAbout2005-04-05; City Council; 18055; Extension of Interim Plan Agua Hedionda Lagoon15
AB# 18,055 TITLE: DEPT. HD.
MTG. 4/5/05
DEPT. PLN
EXTENSION OF INTERIM PLAN
AGUA HEDIONDA LAGOON
I CITY ATTY. & I CITY MGR
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No.
the Interim Plan to facilitate Caulerpa eradication and monitoring until June 30, 2006.
NS-749 , EXTENDING the term of
ITEM EXPLANATION:
On March 9, 2004, the Southern California Caulerpa Action Team (SCCAT) made recommendations
to the City Council to extend the Interim Plan for Agua Hedionda Lagoon for another year. While
eradication efforts continue, the Lagoon was re-opened to active recreational uses since May 2003.
SCCAT has recommended to the City that the Interim Plan be extended again for another year, from
June 30, 2005 until June 30, 2006. All regulations within the Interim Plan would remain in force until
June 30, 2006 at which time they will be automatically repealed unless extended by Council action.
Surveys have not detected Caulerpa taxifolia in Agua Hedionda Lagoon since September 2002. The
Interim Plan's restrictions continue 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 2005 with 2006. The fishing, anchoring and large wake limitations currently in
effect, as well as the revised Interim Plan, will be extended for another year until June 30, 2006.
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. The
agency that can declare eradication is the California Department of Fish and Game; such declaration
will only come after assessment of the Summer 2005 survey results and future SCCAT review.
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-749
2. Strikeout Version of Revisions to Chapter 11.24 of the Carlsbad Municipal Code.
Department Contact: Eric Munoz, (760) 602-4608, emuno@ci.carlsbad.ca.us
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ORDINANCE NO. NS-749
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 last amended by the City Council on March 9,
2004; and
WHEREAS, the current provisions of Chapter 11.24, which regulate Agua
Hedionda Lagoon and effect the Interim Plan, are set to expire on June 30, 2005; and
WHEREAS, SCCAT is recommending that the City Council amend the
appropriate sections of Chapter 11.24 that will effectively extend the revised and updated
Interim Plan and its provisions until June 30, 2006.
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 ta read as follows:
“I I .24.055 Fishing.
(b) This section shall become operative on July 1, 2006, 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 fishing or anchoring in posted areas.
(d) This section shall be operative until June 30, 2006, at which time it shall
automatically be repealed unless extended by further action of the city council.”
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SECTION 3. That Section 11.24.057(b) of the Carlsbad Municipal Code be
amended to read as follows:
“1 1.24.057 No large wakes.
(b) This section shall be operative until June 30, 2006, 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 5th day of APRIL 2005, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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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,- 2006, unless amended or repealed by further action of the city council. (Ord. NS-700 Q 1,2004; Ord. NS-661 Q 1,2003; Ord. NS-631 Q 4,
2002: Ord. NS-630 9 4,2002: Ord. NS-509 Q 9, 1999: Ord. NS-292 Q 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, XN5 2006, at which time it shall automatically be
repealed unless extended by further action of the city council. (Ord. NS-700 Q 2, 2004; Ord. NS-
661 Q 2 (part), 2003; Ord. NS-631 Q 5,2002: Ord. NS-630 Q 5,2002: Ord. NS-596 Q 1,2001 : Ord. NS-595 9 1,2001)
1 I .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 30,2Q& 2006, at which time it shall automatically be repealed unless extended by further action of the city council. (Ord. NS-700 Q 3, 2004; Ord. NS-
661 0 2 (part), 2003; Ord. NS-631 9 6,2002: Ord. NS-630 9 6,2002)
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