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Home My WebLink About028791 RES - 09/28/2010Page 1 of 5 RESOLUTION URGING THE PADRE ISLAND NATIONAL SEASHORE TO PRESERVE PUBLIC ACCESS TO THE SEASHORE'S SOUTH BEACH BY NOT ADOPTING UNREASONABLE RESTRICTIONS ON VEHICULAR TRAFFIC SOUTH OF MILE MARKER 2.5 THROUGH ITS BEACH VEHICLE ENVIRONMENTAL ASSESSMENT PROCESS WHEREAS, the Padre Island National Seashore ("PINS") is considering alternative speed limit restrictions on vehicular traffic south of mile marker 2,5 through its "Beach Vehicle Environmental Assessment;" WHEREAS, the "Beach Vehicle Environmental Assessment" is considering four preliminary alternatives: No Action, Shorter Seasonal Restrictions Combined with "Safety Zone" Management; Longer Seasonal Restrictions, and Year Round Restrictions; WHEREAS, the objectives of the PINS "Beach Vehicle Environmental Assessment" include: minimizing conflicts between vehicles and visitors, increasing safety of both visitors and employees in relation to vehicle use, protecting birds, mammals, and turtles from adverse effects of vehicle use on the beach, allowing for safe vehicle access to North and South Beaches while protecting park resources and visitors, ensuring infrastructure exists (e.g. signage, handouts, computer technology, etc.) to inform vehicle operators of the rules and regulations regarding vehicle use and potential safety hazards, and minimizing impacts to park management and operations; WHEREAS, all of the alternatives being considered by PINS have the following elements: vehicle driving allowed year-round, no driving allowed on the dunes, north bound traffic has the right-of-way, current closed and 15 mph year-round speed limits as indicated under the no action alternative will remain, communication and education (i.e. means of notifying the public about the rules and regulations), and enforcement of existing wildlife harassment regulations; WHEREAS, the No Action Alternative is the continuation of the management policies prior to the temporary seasonal restrictions implemented during the 2009 and 2010 turtle nesting seasons, which includes the following speed limits: 15 mph on North Beach, 15 mph from MM (mile marker) 0 to MM 2.5 on South Beach, and 25 mph from MM 2.5 to Mansfield Channel on South Beach; WHEREAS, the Shorter Seasonal Restrictions Combined with "Safety Zone" Management Alternative would implement a seasonal 15 mph speed limit for the entire beach beginning at the occurrence of the first Kemp's ridley turtle nest observed within the park or April 15—whichever is earlier—through the end of the Kemp's ridley nesting season, defined as 5 days after the latest recorded nest in the park (based on the latest recorded nest of July 15, the Kemp's ridley nesting season would currently end on July 20), outside of these dates, the speed limit would be 25 mph from MM 2.5 to Mansfield Channel, safety zones would be implemented within 100 yards of any named hazards PINS speed limit res -- 09292010 Q28791 INDEXED Page2of5 (people; pets; vehicles; structures, e.g. camping structures; flocks of birds; and other wildlife), where the speed limit would be 15 mph, during the Kemp's ridley turtle nesting season, this alternative would protect visitors, staff, and sea turtles, as well as other wildlife by reducing speed limits, outside of the turtle nesting season, it would protect all resources (visitors, staff, and wildlife) through the use of safety zones. WHEREAS, the Longer Seasonal Restrictions Alternative would implement a 15 mph speed limit from March 1 through November 30 for the entire beach, outside of these dates (i.e. from December 1 through February 28), the speed limit from MM 2.5 south to Mansfield Channel would be 25 mph, this alternative would protect resources by encompassing reduced speed limits during the busy visitor use period (March through September), nesting season for all turtle species, and the spring and fall bird migration periods; WHEREAS, the Year-round Restrictions Alternative would implement a 15 mph speed limit for the entire beach year-round, this alternative would protect all resources year- round by limiting the speed limit along the entire beach to 15 mph, which is also consistent with the speed limit on state beaches; WHEREAS, the City of Corpus Christi ("City") agrees that it may be prudent to reduce the vehicular speed limit during the approximately three -month-long nesting season of the Kemp's ridley turtle in the areas of the Park where the turtles nest; WHEREAS, while the currently proposed speed limit reduction appears reasonable, the City is concerned about the implications of protecting turtles by restricting access to the public beach. WHEREAS, the City is concerned that vehicular restrictions on beach access could adversely affect the public's ability to recreate at PINS, contrary to the federal and state legislation authorizing its creation. WHEREAS, the City is one of the major coastal tourism destination in the State of Texas; WHEREAS, the City of Corpus Christi is the gateway to PINS, and PINS is one of the major tourist attractions within our region, bringing in over 650,000 visitors with an economic impact of approximately $38 Million on an annual basis to the coastal bend economy; WHEREAS, the City is committed to ensuring the public's right to access and enjoy beaches in our region, especially PINS; WHEREAS, one of the major methods of ensuring the public has adequate access to the PINS beach, which is extremely remote and only accessible by vehicle, is by treating the beach as a public highway and authorizing the use of motor vehicles; WHEREAS, the City understands the need to protect the birds, mammals and turtles at PINS; PINS speed limit res -- 092920/0 Page 3 of 5 WHEREAS, PINS must strike a reasonable balance between protecting wildlife through vehicular restrictions, while preserving the public's right to access and traverse the public beach; and WHEREAS, if the vehicular restrictions imposed by PINS become so burdensome to the public, PINS will become effectively closed to the public; WHEREAS, an additional consideration could be an extension of the park road further south behind the dunes to allow visitors improved access and a more reasonable travel time to points of interest along the beach; WHEREAS, there has been no evidence that the speed limit has any real impact on the turtles; WHEREAS, the Citizens for Access and Conservation have proposed a fifth alternative that leave the speed limit on the PINS' beach from mile marker 2.5 south to Mansfield Channel at 25 miles per hour year-round, except that the speed limit would be reduced to 15 miles per hour within 100 feet of a person not in a vehicle, a pet, a parked vehicle, or a structure; WHEREAS, the City believes that the Citizens for Access and Conservation is the preferred alternative, while more restrictive than No Action alternative, it will enhance public safety; and WHEREAS, if PINS believes that speed limit modifications are needed to protect the turtles, then Shorter Seasonal Restrictions Combined with "Safety Zone" Management Alternative would ensure that adequate public access to PINS' South Beach would remains intact; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi supports the hybrid alternative proposed by the Citizens for Access and Conservation, which takes public safety into account, and adopts the No Action Alternative that leaves the speed limit on the PINS' beach from mile marker 2.5 south to Mansfield Channel at 25 miles per hour year-round, but imposes a reduced to 15 miles per hour speed limit within 100 feet of people, animals, and structures. SECTION 2. The City Council urges PINS to ensure that adequate public access to the entire South Beach remains intact when it selects the appropriate "Beach Vehicle Environmental Assessment" alternative. SECTION 3. The Mayor shall communicate the contents of this resolution to the Superintendent, Padre Island National Seashore, and to the members of the City's Federal legislative delegation. PINS speed limit res -- 09292010 Page 4 of 5 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Aame City Secretary Mayor APPROVED: 29th day of September, 2010. R. Jay ining First Assistant Cit Attorney For City Attorney 028791 PINS speed limit res -- 09292010 dev4.,,a Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal ¢. John E. Marez .1417— Nelda Martinez Mark Scott 028791 PINS speed limit res -- 09292010 Page 5 of 5