HomeMy WebLinkAbout2007-06-19; City Council; 19041; Agua Hedionda Lagoon Management PlanCITY OF CARLSBAD - AGENDA BILL
RECOMMENDED ACTION:
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AB# 19,041
MTG. 06/19/07
DEPT. PLN
EXTENSION OF INTERIM PLAN
AGUA HEDIONDA LAGOON
DEPT. HEAD \M ffl
CITY ATTY. -M7
CITY MGR. J&Z.
That the City Council INTRODUCE Ordinance No. NS-844 , EXTENDING the term of
the Interim Plan until June 30, 2008 to facilitate Caulerpa taxifolia monitoring and containment device
removal.
ITEM EXPLANATION:
After the discovery of Caulerpa taxifolia, an invasive marine seaweed, in the Agua Hedionda Lagoon
in 2000, the City Council adopted an Interim Lagoon Management Plan and associated ordinances to
temporarily control lagoon activities to facilitate eradication of the infestation. On May 14, 2007,/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 an additional six months.
The California Department of Fish and Game declared that the Caulerpa taxifolia infestation in Agua
Hedionda Lagoon had been eradicated on July 12, 2006. Members of SCCAT are still removing the
containment tarps and sandbags and need to conduct a final survey once all materials have been
removed. Therefore SCCAT is requesting an extension to the term of the Interim Plan and related
ordinances to allow that work to be completed.
The Agua Hedionda Interim Plan describes the different activities needed for monitoring of the lagoon
for Caulerpa taxifolia and provides background for the accompanying City ordinances that have
temporarily restricted the location of boat anchoring, the limitation on wake height, and the restriction
of fishing to the eastern, passive use area of the Lagoon. The Lagoon was re-opened to active
recreational uses in May 2003.
Due to the need to continue removal of the containment tarps and complete surveys, SCCAT has
recommended to the City that the Interim Plan be extended again to allow completion of their work,
from June 30, 2007 until December 31, 2007. All regulations within the Interim Plan would remain in
force until December 31, 2007 at which time they will be automatically repealed unless extended by
City Council action.
Three code sections are proposed for amendment (11.24.055, 11.24.056 and 11.24.057), which will
replace the termination date for lagoon activity restrictions from June 30, 2007 to December 31, 2007.
The fishing, anchoring and large wake limitations currently in effect, as well as the revised Interim
Plan, will be extended for another six months, until December 31, 2007.
By approving the proposed six-month extension of the Interim Plan, containment tarp removal can be
completed and a post-removal survey can be conducted while allowing for recreational use. On-going
monitoring by the SCCAT and City partnership will ensure that neither the completed eradication, nor
DEPARTMENT CONTACT: Michael Grim 760-602-4623 mgrim@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
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public safety of Lagoon use, is compromised. If the entire six-month period is not needed for
completion of the tarp removal and surveys, SCCAT will advise the City and the restrictions on
anchoring, wave height, and fishing may be removed prior to the proposed December 31, 2007
extension date.
FISCAL IMPACT:
Extending the Interim Plan for another year will not create any additional fiscal impact to the City.
ENVIRONMENTAL IMPACT:
Extending the Interim Plan and amending Chapter 11.24 is categorically exempt from the California
Environmental Quality Act (CEQA) per Section 15308 of the CEQA Guidelines, which exempts the
actions of governmental agencies to establish regulations or procedures to assure protection of the
environment.
EXHIBITS:
1. City Council Ordinance No. NS-844
2. Strikeout Version of Revisions to Chapter 11.24 of the Carlsbad Municipal Code.
3. Letter from Agua Hedionda Lagoon Foundation
1 ORDINANCE NO. NS-844
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
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Caulerpa taxifolia, an invasive marine seaweed; and
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WHEREAS, the Southern California Caulerpa Action Team (SCCAT) has been
7
coordinating with the City to eradicate Caulerpa taxifolia while also allowing for recreational use
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of the lagoon via the Interim Management Plan as last amended by the City Council on April 11,
2006; and10
WHEREAS, the California Department of Fish and Game, on July 12, 2006,
declared the eradication of Caulerpa taxifolia from Agua Hedionda Lagoon; and
WHEREAS, additional time is needed to remove all of the containment tarps and
sandbags and perform a final survey; and
WHEREAS, the current provisions of Chapter 11.24, which regulate Agua
, 6 Hedionda Lagoon and effect the Interim Plan, are set to expire on June 30, 2007; and
17 WHEREAS, SCCAT is recommending that the City Council amend the
18 appropriate sections of Chapter 11.24 that will effectively extend the revised and updated
19 Interim Plan and its provisions until December 31, 2007.
20 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
21 follows:
22 SECTION 1. That Section 11.24.055(6) of the Carlsbad Municipal Code be
23 amended to read as follows:
24 "11.24.055 Fishing.
25 (b) This section shall become operative on January 1, 2008, unless amended or
26 repealed by further action of the city council."
27 SECTION 2. That Section 11.24.056(d) of the Carlsbad Municipal Code be
28 amended to read as follows:
3'
1 "1 1 .24.056 No anchoring in posted areas.
2 (d) This section shall be operative until December 31, 2007, at which time it shall
automatically be repealed unless extended by further action of the city council."
3
SECTION 3. That Section 11.24.057(b) of the Carlsbad Municipal Code be
4
amended to read as follows:
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"1 1 .24.057 No large wakes.
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(b) This section shall be operative until December 31 , 2007, at which time it shall
7 automatically be repealed unless extended by further action of the city council."
8 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
9 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
10 published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the19th day of June, 2007, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the day of , 2007, by the following
vote, to wit:
AYES: Council Members Lewis, Hall and Packard
NOES: None
ABSENT: Council Members Kulchin and Nygaard
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
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 January 1,2008, unless amended or
repealed by further action of the city council.
11.24.056 No anchoring in posted areas.
(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.
(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 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, 2007 December 31,2007, 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, 2007 December 31,2007, 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)
Mayor Lewis
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
SUPPORT FOR EXTENSION OF INTERIM PLAN
Dear Mayor Lewis and Councilmembers:
The Agua Hedionda Lagoon Foundation (AHLF) is in full support of extending the
Interim Management Plan for Agua Hedionda Lagoon for at least six months, up
to one year. This extension is necessary to complete the successful eradication
effort that was celebrated last July 12, 2006.
As with any major undertaking of this scale and magnitude, time is necessary for
proper de-staging of the equipment and the infrastructure involved. Specifically
in this case, the time is needed to complete the removal of the tarps that were
used to eradicate the invasive marine seaweed, Caulerpa taxifolia, as detected in
the Summer of 2000.
The time extension being requested is not related to further eradication efforts,
but rather to activities necessary to remove tarps as described above.
Furthermore, this request is being made and supported by the Southern
California Caulerpa Action Team (SCCAT). Therefore, our support is in concert
with the affected and responsible agencies involved.
Thank you for considering the extension request to the Interim Plan as it furthers
the stewardship and management efforts of Agua Hedionda Lagoon, in light our
global precedent: the eradication of Caulerpa taxifolia from our local wetland.
Sincerely, and on behalf of the AHLF Board of Directors -
ERIC MUNOZ
President
A California Non-Profit Corporation, 1580 Cannon Road, Carlsbad CA 92008 • 760-804-1969, www.aguahedionda.org
All Receive-Agenda Item # l(c>
For me Information of the:
CITY COUNCIL .
Asst
Date£- fo City Manai
JUNE 19, 2007
TO: CITY COUNCIL
FROM: Planning Director
VIA: City Manager
ITEM 16 - AB#19,041 - EXTENSION OF INTERIM PLAN FOR AGUA HEDIONDA LAGOON
As stated in the Item Explanation portion of the Agenda Bill and the attached Ordinance, the
proposed extension of the Agua Hedionda Lagoon Interim Plan would expire on December 31,
2007. The Recommended Action portion of the Agenda Bill erroneously states that the plan
would be extended to June 30, 2008. Therefore staff is proposing the following revision to the
Agenda Bill:
"RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. NS-844. EXTENDING the term of the Interim
Plan until December 31, 2007 to facilitate Caulerpa taxi/folia monitoring and containment device
removal."
DON NEU
DN:MG:bd
c:Principal Planner DeCerbo
File Copy
CITY OF CARLSBAD,.CITY CLERK'S OFFICE