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Home My WebLink About2006-04-11; City Council; 18519; Extension of interim plan Agua Hedionda LagoonCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 18,519 4/11/06 PLN TITLE: EXTENSION OF INTERIM PLAN AGUA HEDIONDA LAGOON DEPT. HD. a?| ff CITY ATTY. ll/t/ /, ' CITYMGR/ /// o 01uctoc•HT3t-iO -O(L)OO c•H •HO Oo -J O OO NS-796 EXTENDING the term of RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. the Interim Plan to facilitate Caulerpa eradication and monitoring until June 30, 2007. ITEM EXPLANATION: On March 6, 2006, the Southern California Caulerpa Action Team (SCCAT) made recommendations to the City Planning Department staff 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, 2006 until June 30, 2007. All regulations within the Interim Plan would remain in force until June 30, 2007 at which time they will be automatically repealed unless extended by Council action.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. Two code sections are proposed for amendment (11.24.056 and 11.24.057), which will replace references to 2006 with 2007. The anchoring and large wake limitations currently in effect, as well as the revised Interim Plan, will be extended for another year until June 30, 2007. The ban on fishing within the inner lagoon is being allowed to expire as of 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 2006 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. 2. NS-796City Council Ordinance No. Strikeout Version of Revisions to Chapter 11.24 of the Carlsbad Municipal Code. Department Contact: Michael Grim, (760) 602-4623, mgrim@ci.carlsbad.ca.us 1 ORDINANCE NO. NS-796 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 11.24 OF 3 THE CARLSBAD MUNICIPAL CODE TO EXTEND THE INTERIM PLAN FOR AGUA HEDIONDA LAGOON. 4 WHEREAS, portions of Agua Hedionda Lagoon have been infested with 5 Caulerpa taxifolia, an invasive marine seaweed; and 6 WHEREAS, the Southern California Caulerpa Action Team (SCCAT) has been 7 coordinating with the City to eradicate Caulerpa while also allowing for recreational use of the 8 lagoon via the Interim Management Plan as last amended by the City Council on April 5, 2005; and10 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, 2006; 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, 2007. 16 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as «7 follows: 18 SECTION 1. That Section 11.24.056 of the Carlsbad Municipal Code be 19 amended to read as follows: 20 "11.24.056 No anchoring in posted areas. 21 (a) Notwithstanding any other provision of this chapter and except as otherwise provided in this section, it is unlawful to anchor a boat in any area of the inner lagoon. 22 (b) The city manager may allow anchoring in the passive use area or in the powerboat area if the city manager finds, based on available scientific data, that allowing 23 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. 24 (c) Nothing in this section precludes a person from anchoring in an emergency situation in order to prevent personal injury or property damage. 25 (d) This section shall be operative until June 30, 2007, at which time it shall automatically be repealed unless extended by further action of the city council." 26 SECTION 3. That Section 11.24.057(b) of the Carlsbad Municipal Code be 27 amended to read as follows: 28 1 "11.24.057 No large wakes. 2 (b) This section shall be operative until June 30, 2007, at which time it shall automatically be repealed unless extended by further action of the city council." 3 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 4 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 5 published at least once in a publication of general circulation in the City of Carlsbad within 6 fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the llth day of April 2006, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2006, by the following vote, to wit: ,2 AYES: 13 N°ES: ABSENT:14 5 ABSTAIN: 16 APPROVED AS TO FORM AND LEGALITY 17 18 RONALD R. BALL, City Attorney 19 CLAUDE A. LEWIS, Mayor 21 22 ATTEST: 23 24 LORRAINE M. WOOD, City Clerk 25 (SEAL) 26 27 28 3 EXHIBIT 2 STRIKEOUT/BOLD VERSION OF ORDINANCE CHANGES 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 30,2006 2007, at which time it shall automatically be repealed unless extended by further action of the city council. (Ord. NS-700 § 2, 2004; Ord. NS- 661 § 2 (part), 2003; Ord. NS-631 § 5, 2002: Ord. NS-630 § 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, 2006 2007, at which time it shall automatically be repealed unless extended by further action of the city council. (Ord. NS-700 § 3, 2004; Ord. NS- 661 § 2 (part), 2003; Ord. NS-631 § 6, 2002: Ord. NS-630 § 6, 2002) PROOF OF PUBLICATION (2010 & 2011C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: April 01st, 2006 This space is for the County Clerk's Filing Stamp Proof of Publication of p.m. mi IUOVUM., ..ramendment to Chapter 11.24 01 me vswrauou ....nlcjpaT Code extending the terms of the interim Plan to facilitate Caulerpa eradication In the Agua Hedl- onda Lagoon until June 30,2007.-'- — "•'• i-rnnnsal I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California ,rdThis03ra Day of April, 2006 Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING EXTENSION OF AGUA HEDIONDA LAGOON INTERIM PLAN NOTICE IS HEREBY GIVEN, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, April 11, 2006 to consider an amendment to Chapter 11.24 of the Carlsbad Municipal Code extending the terms of the Interim Plan to facilitate Caulerpa eradication in the Agua Hedionda Lagoon until June 30, 2007. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after April 7, 2006. If you have any questions, please call Michael Grim in the Planning Department at (760) 602-4623. If you challenge the amendment to Chapter 11.24 of the Carlsbad Municipal Code to extend the terms of the Interim Plan to facilitate Caulerpa eradication in the Agua Hedionda Lagoon until June 30, 2007, in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad CA 92008 at or prior to the public hearing. PUBLISH: April 1, 2006 CITY OF CARLSBAD CITY COUNCIL tarn and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DIST 1 CIVIC CENTER DR SAN MARCOS CA 92069 ENCINITAS SCHOOL DIST 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DIST 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF SAN MARC6S 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA PO BOX 1988 VISTA CA 92085 VALLECITOS WATER DIST 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING - STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD RECREATION CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT:PLANNER MICHAEL GRIM 03/17/2006 ®09LS®Afcl3AV AMlAV-OD-OOfr-l <3)09I.S »ueqe6 a) zas!|i*n aniripj afipinac a ia aRpiinnniinei i•«•«•«•= .^...i Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® CITY OF ENCINITAS COMM DEV DEPT 505 S VULOCAN AVE ENCINITAS CA 92024 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA BUREAU OF INDIAN~AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 CA COASTAL COMMISSION STE 103 7575 MTROPOLITAN DR SAN DIEGO CA 921084402 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 DEPT OF DEFENSE LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYANPLZDR ARLINGTON TX 760114005 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPT OF FISH & GAME ENVSERVDIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURSES RM 100 1220NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV REG ADMIN 450 GOLDEN GATE AVE SAN FRANCISCO CA 94102 DEPT OF JUSTICE DEPT OF ATTY GEN RM700 110 WEST AST SAN DIEGO CA 92101 DEPT OF TRANSPORTATION - RM5504 1120NST SACRAMENTO CA 95814 MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOS ALAMITOS CA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV ARRAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 STATE LANDS COMMISSION STE 1005 100 HOWE AVE SACRAMENTO CA 958258202 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401 B ST SAN DIEGO CA 92101 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US ARMY CORPS OF ENGINEER STE 702 333 MARKET ST SAN FRANCISCO CA 941052197 USDA RURAL DEVELOPMENT DEPT 4169. 430 GST DA VIS CA 95616 WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE LANDS COMMISSION STE 1 DOS 100 HOWE AVE SAN DIEGOCA 92123 COUNJTY OF SD SUPERVISOR RM335 1600 PACIFIC SANDIEGOca 92101 SD COUNTY PLANNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SANDIEGOCA 92123 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 AH3AV-09-008-L anirfpj afipinac P ia afiDiinnnii'm iim Jam Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 958251888 ®09is ®A>J2AV AM3AV-OD-008-1 ®091S 31\Hdl/\l31 ®A«AV esn mer