Loading...
HomeMy WebLinkAbout1973-01-16; City Council; Resolution 3052." . Ij 7 8 9 10 11 12 RESOLUTION NO. 3052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REQUESTING THAT THE BUENA VISTA LAGOON AND THE CONSIDERATIONS AS PROVIDED FOR IN THE CALIFORNIA COASTAL ZONE CONSERVATION ACT. BATIQUITOS LAGOON BE GIVEN NON-TIDAL Zone Conservation Act" was passed November 8, 1972 by the Citizens of the State of California in a General Election; and WHEREAS, Division 18, Sec. 27104 Public Resources Code defines "Permit Area" as "That portion of the Coastal Zone lying between the seaward limit of the jurisdiction of the State and 1,000 yards landward from the mean high tide line of the sea...; WHEREAS, Proposition 20, entitled the "California Coastal 13 14 and WHEREAS, Division 18, Sec. 27104, Para. (5) Public Resources 15 16 1'7 18 19 20 21 22 Code, provides that, "if any portion of any body of water which is not subject to tidal action lies within the permit area, the body of water together with a strip of land 1,000 feet wide surrounding it shall be included", within the permit area; and WHEREAS, the Buena Vista Lagoon, and the Batiquitos Lagoon are currently fed by run-off waters and are geographically not subject to tidal actions generated by the Pacific Ocean, this premise substantiated by, 23 24 27 28 29 30 31 25 26 ' NOW, THEREFORE, the City Council of the City of Carlsbad resolves as follows: Section 1. That the members of the City Council of the City of Carlsbad recognize the sensitivity of the California Coastal Zone Conservation Act. (a) "Buena Vista Lagoon and Its Use" Phillip Stanbro, Master's Thesis, San Diego State-University, Jan.-28, 1972 (b) The Coastal Lagoons of San Diego County Cal-Poly College, Pomona, 1971 32 Section 2. That the City Council of the City of Carlsbad r 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2% 29 30 31 32 wishes that the Regional Coastal Commission will be cognizant of the Buena Vista Lagoon and the Batiquitos Lagoon as being fresh water lagoons not subject to tidal action, and therefore should be recognized under provisions of Divison 18, Se. 27104, Para. (B), Pub1 ic Resources Code. Section 3. That the City Clerk be, and is hereby authorized and directed to furnish a copy of this resolution to each of the newspapers of this City, and to forward certified copies of this resolution to such persons as the Mayor and the City Manager shall request, including The San Diego Regional Commission for the California Coastal Zone. Section 4. The City Clerk shall certify to the passage of this resolution by the City Council of the City of Carlsbad and cause the same to be posted in three (3) conspicuous places in the City of Carlsbad and it shall thereupon take effect. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting of the City Council held on the 16th day of January , 1973, by the following vote, to wit: AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: !done. - ' DAVID M. DUNNE, Mayor ATTEST : -7 City flerk