Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director
Subject:
title
CONSIDERATION OF AN ORDINANCE AMENDING SECTION 1.12.010 OF THE SAN CLEMENTE MUNICIPAL CODE TO AUTHORIZE THE PARK RANGERS TO ENFORCE PROVISIONS OF THE CALIFORNIA FISH AND GAME CODE; AND FINDING THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15307, 15308, AND 15321
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Summary:
The City Council is being asked to consider an Ordinance to expand the authority of the San Clemente Park Rangers to include enforcing existing provisions of the California Fish and Game Code and related regulations contained in Title 14 of the California Code of Regulations. Park Rangers routinely encounter these violations during patrols of City beaches, the San Clemente Pier, and other coastal areas, and also receive frequent reports and complaints from residents and members of the public regarding suspected illegal fishing activity. The amendment would allow Park Rangers to address observed violations and respond to public complaints without relying solely on the California Department of Fish and Wildlife or another agency for initial enforcement. The Ordinance would not expand the specialized investigative authority reserved to the California Department of Fish and Wildlife.
Background:
Park Rangers encounter violations of the California Fish and Game Code and fish and game administrative regulations in Title 14 of the California Code of Regulations during routine patrols of City beaches, the Pier, and other coastal areas. Common violations encountered on the Pier include the taking of lobster out of season, taking an over-the-limit amount of lobster or other fish, use of prohibited methods of take, and the taking of undersized lobster and fish. These violations generally require response by the California Department of Fish and Wildlife or another agency with applicable enforcement authority.
Discussion:
Chapter 1 of the Municipal Code authorizes Park Rangers to make arrests and issue citations for laws they have the duty to enforce under California Penal Code Section 836.5. The proposed amendment (Attachment 1) would assign Park Rangers the duty to enforce the California Fish and Game Code and the fish and game administrative regulations in Title 14 of the California Code of Regulations, allowing Park Rangers to address those violations during routine beach patrol, and in response to the frequent complaints from residents and members of the public received by the Park Rangers. The Pier is a popular fishing destination for visitors to San Clemente. A majority of violators are not local to San Clemente or Orange County, and organized groups often use the Pier for illegal lobster poaching operations.
The proposed amendment does not expand the investigative authority reserved to the California Department of Fish and Wildlife. Park Rangers would continue to exercise arrest and citation authority under Penal Code Section 836.5, with violations requiring specialized investigative authority remaining under the jurisdiction of the California Department of Fish and Wildlife.
Staff reviewed comparable municipal code provisions from other California jurisdictions that assign designated city employees the duty to enforce state laws. The proposed amendment is consistent with ordinances adopted by the Cities of Laguna Beach and Newport Beach, both of which expressly assign designated city employees the duty to enforce the California Fish and Game Code and the fish and game administrative regulations in Title 14 of the California Code of Regulations.
Considerations Identified by Staff:
The proposed amendment would improve the City's ability to address violations routinely submitted by City residents and encountered by staff during coastal patrols, allowing Park Rangers to respond when violations are observed rather than relying on another agency for initial enforcement.
Council Options:
• Introduce and conduct a first reading of Ordinance No. 1812.
• Modify and then introduce Ordinance No. 1812.
• Continue the item and provide direction to staff.
• Decline to introduce the attached ordinance.
Environmental Review/Analysis:
The proposed ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15307, 15308, and 15321. Section 15307, the Class 7 categorical exemption, applies to actions taken by regulatory agencies to assure the maintenance, restoration, or enhancement of natural resources where the regulatory process involves procedures for the protection of the environment. Section 15308, the Class 8 categorical exemption, similarly applies to regulatory actions undertaken to assure the maintenance, restoration, enhancement, or protection of the environment. Section 15321, the Class 21 categorical exemption, applies to actions by regulatory agencies involving the enforcement of existing laws, rules, standards, and objectives.
The proposed ordinance assigns City Park Rangers the duty to enforce existing provisions of the California Fish and Game Code and the fish and game administrative regulations contained in Title 14 of the California Code of Regulations. The ordinance is intended to improve enforcement of existing restrictions concerning the unlawful take, possession, size, quantity, season, and methods of take of fish, lobster, and other wildlife. It therefore constitutes an action by a regulatory agency intended to maintain, enhance, and protect fish, wildlife, and other natural resources and to facilitate enforcement of existing environmental laws and regulations. The ordinance does not authorize construction, physical development, or any relaxation of standards intended to protect natural resources or the environment.
The proposed ordinance is also exempt under the “common sense” exemption set forth in State CEQA Guidelines Section 15061, subdivision (b)(3), because it can be seen with certainty that there is no possibility that assigning existing City personnel authority to enforce existing fish and game laws and regulations may have a significant adverse effect on the environment. The ordinance does not approve or authorize any development or physical alteration of the environment, and any reasonably foreseeable environmental effects associated with improved enforcement would be protective or beneficial.
Finally, none of the exceptions to the use of categorical exemptions identified in State CEQA Guidelines Section 15300.2 apply. The proposed ordinance involves no construction or physical alteration, creates no new development entitlement, and does not relax any environmental protection standard. Accordingly, no further environmental review is required.
Fiscal Impact:
None. The proposed amendment would be implemented with existing staff and resources.
Potential Action(s):
recommendation
Introduce and conduct a first reading of Ordinance No. 1812 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 1.12.010(A)(6) OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO PARK RANGER ENFORCEMENT DUTIES AND FINDING THIS ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PUSUANT TO CEQA GUIDELINES SECTIONS 15307, 15308, AND 15321.”
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Attachment:
1. Proposed Ordinance No. 1812
Notification:
None.