HomeMy WebLinkAbout2003-10-14; City Council; Resolution 2003-2701
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RESOLUTION NO. 2003-270
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AMENDMENTS TO
THE AGUA HEDIONDA LAGOON INTERIM MANAGEMENT
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, Caulerpa taxifolia, a highly invasive marine seaweed , was initially
detected in June 2000 within Agua Hedionda Lagoon and has been the subject of eradication
efforts to date under the direction of the Southern California Caulerpa Action Team (SCCAT);
and
follows:
WHEREAS, the City of Carlsbad is a participant in the multi-agency effort to
control and eradicate Caulerpa from Agua Hedionda and southern California; and
WHEREAS, the City of Carlsbad approved an Interim Management Plan in June
2002 for a one-year period, based on the recommendations of SCCAT, to facilitate eradication
efforts while allowing for limited boat and recreational use; and
\WHEREAS, on May 13, 2003, the City Council amended the Interim
Management Plan to allow passive recreational water uses in an area previously closed off to all
water use since June 2000; and
WHEREAS, SCCAT has notified the City that a change to re-establish active
water uses in Agua Hedionda Lagoon at Snug Harbor to pre-Caulerpa configurations would not
be challenged by SCCAT provided City Manager revert to use conditions in a timely manner
that satisfy the City and SCCAT regarding protection of the lagoon; and
WHEREAS, staff and the community have been given adequate time to review
and support the changes in compliance with the amendment procedures specified in the Interim
Management Plan; and
WHEREAS, the Interim Management Plan changes are recommended for
approval by the City Council with the understanding that if conditions in the lagoon change and
warrant another recommendation by SCCAT, these provisions may be reviewed.
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NOW, THEREFORE, the City Council of the City of Carlsbad hereby approves
the changes to the Interim Management Plan, attached hereto as Exhibit "A".
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 14th day of October , 2003, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Hall, and Packard
NOES: None
Council ember Kulchin A ABSENT:
Page 2 of 2 of
Resolution No. 2003-270 -2-
INTERIM MANAGEMENT PLAN
TO FACILITATE THE AGUA HEDIONDA LAGOON
CA ULERPA TMFOLIA ERADICATION PROGRAM
Revised October 14,2003
Valid until June 30,2004
Prepared by:
Agua Hedionda Lagoon User Representatives (AHLUR)
the
Southern California Caulerpa Action Team (SCCAT)
and the
City of Carlsbad
Police Department
Planning Department
Exhibit "A"
to Reso 2003-270
(AB 17,347)
10- 14- 0 3
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INTERIM MANAGEMENT PLAN
TO FACILITATE THE AGUA HEDIONDA LAGOON
CA ULERPA TAXIFOLZA ERADICATION PROGRAM
PURPOSE AND OVERVZE W
The purpose of this Interim Management Plan for Agua Hedionda Lagoon
("Management Plan") is to facilitate the successful implementation of the Rapid
Response and Eradication Program for the invasive green alga, Caulerpa taxifolia
overseen by the Southern California Caulerpa Action Team ("SCCAT"). The
Management Plan provides a regulatory framework for a cooperative relationship
between lagoon users and those overseeing and implementing the eradication efforts. It
includes elimination of some recreational uses altogether as well as time and place
regulation of other recreational activities until Caulerpa can be eradicated from the
lagoon system. The Management Plan is being undertaken as a pilot effort in an attempt
to minimize impacts to lagoon users while continuing to accomplish the work necessary
to eradicate Caulerpa from the lagoon.
The overriding purpose of this Management Plan is to facilitate the safe and
efficient eradication of Caulerpa taxifolia in an expeditious manner and thereby
minimize the risk of spread of this species to the outer coast. Thus, the regulations
contained within it are designed to accommodate Caulerpa taxifolia surveys and
eradication efforts first and, secondarily, recreational use of the lagoon. Safe
implementation of the program is construed to mean that the program is safe for the
public lagoon users as well as for the eradication implementation team.
Management Plan implementation is to be overseen by SCCAT members with the
cooperation of recreational lagoon users and the concurrence of the City of Carlsbad.
Participation of recreational lagoon users is an essential element of this plan, particularly
businesses and waterfront property owners who control or regulate access to the lagoon.
Successful implementation will depend on educating all lagoon users and self-policing by
recreational users. Also, adequate notice of survey and eradication efforts by SCCAT is
an essential component of the Plan.
Although the Plan anticipates voluntary compliance, recreational use limitations
established by the Plan are to be incorporated into the Agua Hedionda Lagoon
Regulations found in Chapter 11.24 of the Carlsbad Municipal Code ("CMC") and will
be subject to enforcement by the Carlsbad Police Department, as well as other law
enforcement personnel, including, but not limited to, California Department of Fish &
Game wardens.
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SCOPE AND DEFINITIONS
The scope of this Management Plan is limited to the inner lagoon portion of the
Agua Hedionda Lagoon that is subject to the regulations found in Chapter 11.24 of the
Carlsbad Municipal Code.
This Management Plan is specifically designed to address an interim condition of
the lagoon and is not intended to establish a permanent change in lagoon uses. Long-
term lagoon uses are subject to actions of the underlying private land owner, the City of
Carlsbad, and various state and federal resource and regulatory agencies acting within the
context and constricts of their individual regulatory authorities. Nothing in this
Management Plan shall be construed as either expanding or contracting the separate
authorities of these parties and nothing in this plan shall be construed as dictating future
options for lagoon management.
The definitions in Section 11.24.010 of the Carlsbad Municipal Code apply to this
Management Plan. Other definitions applicable to this plan are outlined as follows:
Agua Hedionda Lagoon User Representatives (AHLUR) - The following
representatives:
Wayne Brechtel, Bristol Cove Property Owners Association
Jim Courtney, Carlsbad Boat Club
0 Gene Huber, North Shore Property Owners
0 Mike Marsdoflloyd Packard, Recreational Boating
Richard Mahler, Bristol Cove Boat & Ski Club
Diane Richards, Passive Users
Greg Rusing, California Water Sports
Designated representatives may be changed by providing written notice to the
City of Carlsbad and the SCCAT Steering Committee.
Eradication Actiyities - All activities including survey and treatment being undertaken
within Agua Hedionda Lagoon to eliminate the presence of Caulerpa.
Eradication Team or Eradication Contractor - Any person or entity under contract
with the City of Carlsbad or authorized by the City of Carlsbad to conduct
CauZerpa taxifoZia, eradication work within Agua Hedionda Lagoon.
SCCAT - Southern California Caulerpa Action Team, a multiple agency and
organization group established to respond to the California infestations of
CauZerpa taxifolia, including, among others, representatives from the Regional
Water Quality Control Board, California Department of Fish and Game, National
Marine Fisheries Service, Agua Hedionda Lagoon Foundation and Cabrillo Power
I, LLC. The City of Carlsbad's City Manager or a designee is invited to attend all
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SCCAT and SCCAT Steering Committee meetings to serve as a liaison between
the City and these groups.
SCCAT Steering Committee - The decision-making managing board of SCCAT
consists of the following:
Robert Hoffman, National Marine Fisheries Service (lead Federal agency)
William Paznokas, California Department of Fish & Game (lead State agency)
Bruce Posthumus, Reg. Water Quality Control Board-Reg. 9 (SCCAT chair)
Lars Anderson, U.S. Dept. of Agriculture (SCCAT Tech. Committee chair)
Lagoon Management Committee - The collective authors of the Management Plan are:
SCCAT, AHLUR, and representatives from the City of Carlsbad Recreation,
Planning and Police Departments.
EXTENSION OF FISHING AND ANCHORING PROHIBITION
Fishing and anchoring of vessels have been identified as one cause of Caulerpa
taxijiolia spread in other jurisdictions. To avoid this potential risk factor, the
Management Plan prohibited all fishing and anchoring of vessels within the inner lagoon
for a preliminary period of one (1) year, ending June 30, 2003. The Management Plan
required that the SCCAT Steering Committee assess the feasibility of opening the east
end of the lagoon to fishing and make the appropriate recommendation to the City of
Carlsbad. In the fall of 2003, the Steering Committee recommended that the City
Manager open the Passive Use area at the east end of the Lagoon (now Zone 4) to fishing
as allowed by the CMC. The recommendation was adopted, and Zone 4 is currently open
to fishing. In accordance with the recommendation of the Lagoon Management
Committee, the existing fishing and anchoring prohibitions are extended for an additional
period of one (1) year, ending on June 30,2004.
Implementation: CMC Amendment, effective until June 30, 2004. Prior to any
scheduled expiration of the fishing and anchoring prohibition, the Lagoon Management
Committee shall report back to the Carlsbad City Council and make recommendations
regarding whether it should be extended and/or modified.
Enforcement: Carlsbad Police Department and other law enforcement personnel,
not limited to California Department of Fish & Game wardens.
SURVEY ZONE CLOSURES
Early detection, containment and treatment are essential to successful eradication
of Caulerpa taxifolia. This Management Plan seeks to maximize survey conditions and
allow for efficient and safe surveys by SCCAT members. In conjunction with the
restoration of the lagoon to its original uses, the zonation has been modified to include
only four zones. The revised zones and uses are presented in Figure 1. Surveys will be
done quarterly and schedule specifics will be available via the designated call-in number.
Survey times can be longer and shorter depending upon a number of unpredictable
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factors, including funding, weather, water clarity, tides, and the presence of Caulerpa
requiring treatment.
If Caulerpa is found and SCCAT so recommends in writing, the City Manager may revert
to a configuration of uses and zones to the satisfaction of the City and SCCAT for the
objective of lagoon protection for the valid remaining term of the Interim Plan.
Lagoon zones shall be closed for surveys as follows:
Zone l/Jet Ski Area: Closed during survey periods between the hours of 7:OO a.m. and
3:OO p.m., Monday through Friday. Attempts will be made by SCCAT to coordinate with
California Water Sports to the extent practical.
Zones 2 and 3/Powerboat Area: Closed during survey periods between the hours of
7:OO a.m. and 3:OO p.m., Monday through Friday. However, use of the Slalom course
shall be permitted, subject to closure if it is determined by the Eradication Team or
Eradication Contractor, subject to review by the City of Carlsbad, that such use is
impeding survey or eradication efforts. Generally, Zones 2 and 3 will be closed
simultaneously to reduce turbulence and turbidity during surveys. Simultaneous closure
of Zones 2 and 3 is a concern to recreational users, particularly during the summer
months, because the dual closures will exclude most powerboats during the time of
greatest use. At the same time, the ability to survey Zones 2 and 3 during summer
months is important to the Caulerpa eradication program because plant growth is most
rapid in the warmer months. In an effort to accommodate these competing interests,
surveys of Zones 2 and 3 will be staggered during summer months, so that one zone stays
open while the other is closed.
Zone 4/Passive Use and FishinP Area: Zone 4 shall remain open to passive uses and use
of the slalom course. Uses shall be permitted subject to closure if it is determined by the
Eradication Team or Eradication Contractor, subject to review by the City of Carlsbad,
that such uses are impeding survey or eradication efforts.
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Figure 1. Agua Hedionda Lagoon Inner Lagoon Survey Zones.
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Transit Zones: Transit zones shall be no wake 5 mph zones within 200 feet of
any eradication efforts. Transit zones shall stay open during closure periods, unless it is
determined that portions must be closed to accommodate survey or eradication efforts. In
such instances, the duration of any transit zone closure shall be limited to the extent
possible and alternative transit shall be accommodated around the closure area.
Slalom Course: The slalom course shall remain open under the current
governing regulations. However, when eradication work is to occur within the course
area, this work shall take precedence over other uses, and boats will not be run through
the course while eradication activities are within 200 feet of the course. Course users are
expected to experience intermittent delays while the area is surveyed.
Weekends and Holidavs: Closures shall not occur unless it is determined that
special circumstances require work during weekends and holidays. In such instances,
closures shall be limited to the extent possible.
Impact of Closures: Except where expressly stated otherwise, closure of a zone
shall prohibit all recreational activities. Non-closure of a zone shall not prohibit ongoing
eradication work. Recreational use of a closed zone may be allowed on individual days,
if such use would not impede survey or eradication work. There is no obligation to allow
use of a closed zone, and any authorization granted will never extend beyond the day it
was granted.
Implementation: Closures shall be scheduled by the eradication contractor, at
least one week in advance whenever possible, and notice shall be provided as follows:
1. Weekly Postings: At the beginning of each week, a schedule of closure dates and
times, going out at least four weeks, shall be posted at lagoon launch facilities,
and selected public access points. A copy will also be placed on file in the City
Clerk's office. The postings shall include a zone map with closure information,
the date the schedule was last updated and a call-in telephone number for more
current information.
2. Daily Updates: Daily updates of closure information will be provided on a
recorded telephone message that can be accessed by using the designated call-in
number.
This Plan provides a flexible approach to allow extension of closures when necessary and
reduction in closures when circumstances allow. For this reason, a daily check of the
dial-in recording is considered to be the best source for current information.
Closure Markers: During closure periods, individual Zones shall be marked with
a centrally located closure marker.
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AREA CLOSURES FOR CAULERPA TREATMENT
It is anticipated that Caulerpa infestation areas are likely to be found during the
completion of summer season surveys. To minimize spread of Caulerpa, it is imperative
that material be contained and treated in the most expeditious fashion practical. This may
require up to several days to accomplish containment and treatment of identified patches,
and work will generally commence upon identification and assessment of any material
located. While treatment is being accomplished in a given area, one or more affected
zones may be closed to recreational uses, or smaller treatment areas may be buoyed off to
protect the treatment area and eradication team staff working within the site. Treatment
areas shall be fully marked and monumented during completion of work. Closures for
treatment may occur at any time and will be noticed on the dial-in recording. Efforts will
be made to efficiently and expeditiously treat any identified Caulerpa.
PROHIBITION OF LARGE WAKES
The Management Plan prohibited creation of large wakes within the inner lagoon,
except when necessary for starting and stopping, for a preliminary period of one (1) year,
ending on June 1,2003. For purposes of this section, large wakes are defined as wakes in
excess of 12 inches when measured from the undisturbed water surface to the top of crest.
In accordance with the recommendation of the Lagoon Management Committee, the
existing prohibition of large wakes is extended an additional year, ending on June 30,
2004.
Implementation: CMC Amendment, effective until June 30, 2004. Prior to any
scheduled expiration of the large wake prohibition, the Lagoon Management Committee
shall report back to the Carlsbad City Council and make recommendations regarding
whether it should be extended and/or modified.
Enforcement: Large wake generation prohibitions shall be enforced by the
Carlsbad Police Department and other law enforcement personnel, not limited to
California Department of Fish & Game wardens.
To help ensure the safety of the public using the lagoon and the eradication team,
the following actions are to be taken: 1) eradication efforts are to be coordinated with the
public through internet and call-in notification processes described elsewhere; 2)
eradication work areas are to be well marked while activities are underway; 3) areas
supporting small floats are to be denoted by larger floats delimiting the area, and no small
floats are to be left in the water over a weekend; 4) lines placed on the bottom to guide
surveys or mark treatment areas shall be well anchored near the bottom and shall be of a
non-floating material; and, 5) except as required in transit lanes, boaters are to keep 200
feet from eradication vessels flying a dive flag or operating a survey beacon denoting
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limited maneuverability.
eradication operation shall maintain a speed of 5 mph.
Within transit lanes, boats passing within 200 feet of an
This Plan does not alter the City of Carlsbad’s authority to regulate the lagoon for
safety purposes. If at anytime the City deems that the Plan is either not being safely
implemented or cannot be safely implemented, the City shall take whatever actions it
deems prudent and are required to ensure protection of all lagoon users.
INSPECTION OF VESSELS AND EQUIPMENT
While Caulerpa taxijiolia is negatively buoyant and thus tends to sink, there is a
slight potential that material may be inadvertently picked up on boats, trailers, water
skies, wakeboards, or other equipment and transferred out of the lagoon and potentially to
other waterbodies. To curb the risk of Caulerpa spread, lagoon users shall inspect their
personal boats and equipment for any fragments of Caulerpa whenever they are pulled
from the water. In the event that any plant material is found on equipment or vessels, the
material shall be removed, be placed in a sealed container and be disposed of pursuant to
posted directions or, in the alternative, shall be turned over to a representative of the
Eradication Team or Eradication Contractor, along with any information that may be
helpful in determining the source of material within the lagoon, such as areas in which
the vessel or equipment had been last used. As a condition of obtaining a Lagoon Use
Permit, equipment and vessels leaving the lagoon shall be subject to inspection for the
presence of Caulerpa by the Carlsbad Police Department and other law enforcement
personnel, not limited to California Department of Fish & Game wardens.
OVERALL PLAN ENFORCEMENT
This Plan is intended to be implemented through amendments to the Carlsbad
Municipal Code and shall be enforceable by the Carlsbad Police Department, as well as
other law enforcement personnel, not limited to California Department of Fish & Game
wardens. Penalties for violations may entail fines and/or denial, suspension or revocation
of lagoon permits.
It is to the benefit of all lagoon users to self-police their activities and voluntarily
comply with this Management Plan in order to best protect the safety of the general
public and members of the Caulerpa eradication team, and to most effectively facilitate
the efficient implementation of the Caulerpa eradication program.
PLAN APPROVAL:
This Plan shall be subject to adoption by the City of Carlsbad by resolution of the
City Council. The Agua Hedionda Lagoon Ordinance, found in Chapter 11.24 of the
Carlsbad Municipal Code, shall be amended where necessary to ensure the closure and
use regulations of this Plan are enforceable.
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PLAN AMENDMENTS
This Plan has been prepared to address concerns for efficiency of eradication
efforts, as well as safety concerns for both public lagoon users and eradication teams.
The Plan is a pilot effort to coordinate activities to the extent practical. However, it has
no precedent within the lagoon and, as such, should be considered a trial attempt.
Recognizing this fact, it is assumed that there may be occasions where there is a need to
revisit elements of the Plan and make amendments. Such needs have been contemplated
in the drafting of this Plan. To ensure that Plan flexibility is provided and readily
accommodated, the following approval and amendment process is incorporated.
Plan amendments shall require approval of the City of Carlsbad by resolution of
the City Council. Prior to consideration of any Plan amendments, written notice of the
proposed amendments shall be provided to the SCCAT Steering Committee, Agua
Hedionda Lagoon User Representatives, City of Carlsbad's City Manager, Planning
Director, Police Chief, and Recreation Director, or their designated representatives.
Whenever possible, at least 30 days notice shall be provided, and the parties shall meet to
discuss and work in good faith towards a consensus recommendation to the City Council.
If a consensus is not reached, the City Council shall be informed of the differing
viewpoints.
ANNUAL REVIEW AND REPORT TO THE CITY COUNCIL
The Lagoon Management Committee shall report back to the Carlsbad City
Council annually, beginning no later than January 2003, regarding the Management
Plan's effectiveness and shall make recommendations regarding extension and/or
modification of Plan elements as required by the Plan or as the Committee or its members
deem appropriate.
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