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HomeMy WebLinkAbout2017-02-28; City Council; ; North Beach Area Public Safety- Status Report~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: February 28, 2017 Mayor and City Council . V Kevin Crawford, City Manage\11 Mike Davis, Fire Chief Michael.Davis@carlsbadca.gov or (760) 931-2141 Neil Gallucci, Police Chief Neil.Gallucci@carlsbadca.gov or (760) 931-2130 North Beach Area Public Safety -Status Report Recommended Action CA Review J!..,/;2 Receive a status report on north beach area public safety issues, and provide feedback to staff. Executive Summary During the public comment period at the July 12, 2016 City Council meeting, a member of the public expressed concerns about public safety along the three quarter mile stretch of beach between Oak Avenue and the northern city limit (the north beach area, as shown in Exhibit 1). Council directed staff to evaluate those concerns, and this report presents an overview of public safety, law enforcement and legal issues concerning the north beach area. Should Council wish to consider a new policy direction regarding these issues, staff recommends scheduling a Council workshop for further discussion and direction on the matter. Discussion Beach Ownership and Management in Carlsbad The California Department of Parks and Recreation (State Parks) owns and manages 82 percent of the beaches in Carlsbad, including South Carlsbad State Beach and Carlsbad State Beach. State ownership extends from the city's southern border to Oak Avenue in the north, with the exception of Terra mar beach, a one half mile long stretch located just south of the power plant. Approximately 50 individual properties line the north beach area, fronting on Ocean Street. Staff has not performed the necessary title research to gain a complete understanding of property ownership in the north beach area, nor the extent to which it is encumbered by public lateral beach access easements. Although fee ownership along this stretch of beach may be privately held, the area remains open and accessible to the public. The city currently controls and maintains several public beach access stairways, and provides trash removal and public safety services in this area. Should Council want to further explore underlying easement restrictions, or review ownership matters, then staff is prepared to conduct that research. Item #9 February 28, 2017 Page 1 of 10 Existing Public Safety Service Levels The City of Carlsbad Fire Department provides all-hazard emergency response services, and the City of Carlsbad Police Department provides law enforcement services to all Carlsbad beaches, including the north beach area. Safety services respond to 911 emergency calls and public complaints. State Parks provides lifeguard services on state-owned beaches in Carlsbad. Since the north beach area and the Terramar beach area are not owned by the state, no lifeguard services are provided there. As an exception, the Army and Navy Academy provides a lifeguard in a tower located on campus property when students are in the water. State lifeguards do respond to these areas when emergencies arise under a "duty to act" obligation that applies to all public safety personnel. When responding to unguarded beaches, beaches under the state's jurisdiction can become unprotected. Emergency calls in the north beach area are routed between up to four separate communication centers depending on the device (cellular or land-line) initiating the 911 call. Carlsbad fire and police departments respond to all ocean rescue emergencies in the north beach and Terramar beach areas. A lifeguard agency (State Parks, Oceanside, or Encinitas) is also dispatched to assist. The city posts signs at five city-maintained beach access points along Ocean Street in the north beach area. These signs advise, "No lifeguard on duty, swim at own risk," and outline beach rules, including: no alcohol, no smoking, no beach fires, no glass containers, no dogs and time restrictions on board surfing. Safety Concerns Over the past several years, evidence shows the north beach area has experienced an increase in popularity (see photos included in Exhibit 2), and an increase in emergency and law enforcement service calls. Table 1 summarizes the July 2016 water rescue activity by state lifeguards during a busy summer month. Over the July 4th weekend, state lifeguards reported approximately 420 rescues in the City of Carlsbad, with approximately 200 of those performed in the north beach area. The data highlight the workload impacts on state resources resulting from calls to the north beach area. Table 1-CARLSBAD WATER RESCUES BY STATE LIFEGUARDS Carlsbad Carlsbad % of Total CA State % of increased 2016 State Beach Area North Beach Area Lifeguard Rescues in workload to North Beach Area CA State Lifeguards July 2-4 225 197 47% 88% July 5-11 114 25 18% 22% July 12-18 44 43 49% 98% July 19-25 80 52 39% 65% July 26-31 61 18 23% 30% 524 335 39% 64% Item #9 February 28, 2017 Page 2 of 10 State lifeguards also reported approximately 17,000 preventive actions on Carlsbad State Beach during the month of July. A preventive action is a verbal warning to help people avoid, or remove themselves from a situation where their safety would likely be compromised. Each of these actions represents a potential rescue that was avoided. No preventive actions in the north beach area were reported by the state during this time. During the same month, the Carlsbad Fire Department responded to seven non-fatal drownings and one fatal drowning in the north beach area. One additional non-fatal drowning occurred on Frazee State Beach while state lifeguards were performing rescues in the north beach area. Correspondence with State Parks Discussions with State Parks regarding management of the north beach area are ongoing, and have been for many years. The city has several records of correspondence with the state on this matter. To summarize the State Parks position regarding the north beach area, as expressed in a recent (June 2016) email exchange between city and State Parks staff: a. The north beach area falls outside of State Parks' jurisdiction to lifeguard, maintain or patrol; b. It is within the authority and responsibility of the City of Carlsbad to provide for full public safety on those lands; and c. Full public safety is defined as [providing] police, fire, and lifeguard services. Record of Prior City Action on Safety Services in the North Beach Area Staff has searched city records for documentation of prior consideration and decisions concerning safety and law enforcement in the north beach area. The following summarizes staff's preliminary investigation of city records, but should not be considered a comprehensive review of the history related to this matter. Should Council request a more thorough survey of the public record on this matter, staff could provide that at a later date. A City Council Agenda Bill {#11694) from May 1992, titled Beach Lifeguard Request states that the topic of providing lifeguard service in the north beach area had been a topic of consideration dating back to 1983. The report indicates that a 1989 citizen request for lifeguard service was presented to the Parks and Recreation Commission in 1991. The Commission recommended that "plans be made immediately to fund a Jet Ski patrol [in conjunction with a vehicular patrol] with the idea that in the future, funds permitting, the City expand to lifeguarding on the beach." The report presented a variety of options for Council consideration, including pursuing legislative action to incorporate the north beach area into the State Parks and Recreation Department jurisdiction, maintaining the status quo, or using city funds for a lifeguard service program (either by contract, or using city forces). The issue arose again in 1995, and a detailed staff analysis was presented to the Parks and Item #9 February 28, 2017 Page 3 of 10 Recreation Commission in January 1997 (Agenda Bill #197-3). That report indicates that the City Council had directed staff to solicit a proposal from the state to provide lifeguard service "at the absolute minimum level of service that they would recommend." The report further suggests that staff was in support of pursuing regional involvement in finding a solution, but that they were unsuccessful in those efforts. Most recently, city records include a 2006 letter from Bruce Macklin of the Carlsbad Beach Committee to Chris Brewster, President of the U.S. Lifesaving Association, concerning liability related to providing beach lifeguard services. A response from Mr. Brewster was also found. Staff found no further documentation related to city consideration of the issue during that timeframe. This summary demonstrates that the issue of providing lifeguard services in the north beach area has been addressed by the city on several occasions over the past 30-plus years. Service Delivery Models Other California cities with privately owned beaches have utilized a variety of service delivery models, including: a. providing lifeguard services directly, b. contracting with a county or state lifeguard service and c.) contracting with neighboring municipal agencies to provide service. In addition to the method by which services are delivered, the level of service also varies. For instance, while some jurisdictions provide year round lifeguard service, others only provide it during peak or seasonal times. Further, while some agencies staff fixed guard towers, others provide intermittent vehicle and/or foot patrols. Law Enforcement and Quality of Life Concerns The State of California provides law enforcement patrols on state owned beaches in Carlsbad. The Carlsbad Police Department is responsible for responding to calls for service in the north beach area. Concerns typically include transient related issues, loud parties, drug usage, alcohol consumption, vandalism, trespassing and other activities affecting the area's quality of life. At the August 17th, 2016, Carlsbad Planning Commission meeting, three north beach area residents raised concerns about the following north beach area enforcement issues during the Commission's consideration of a Local Coastal Development Permit application for the Ocean Street Beach Access Improvements Project: • Lack of law enforcement presence • Alcohol consumption • Noise complaints • Drug use • Vandalism and graffiti • Public urination City Parks and Recreation and Police Department staff have been in contact with Ocean Street (north beach area) residents in an effort to respond to their concerns. General Legal Analysis Item #9 February 28, 2017 Page 4 of 10 Beaches without Lifeguard Service Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonable foreseeable risk of the kind of risk of injury which was incurred, and that either: (a) a negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or (b) the public entity had actual or constructive notice of the dangerous condition under Section 835.2 sufficient time prior to the injury to have taken measures to protect against the dangerous condition. (Government Code Section 835.) Government Code Section 831.2 provides that neither a public entity nor a public employee is liable for an injury caused by a natural condition of any unimproved public property, including but not limited to any natural condition of any lake, stream, bay, river or beach. Further, Government Code Section 831.21 provides that public beaches shall be deemed to be in a natural condition and unimproved notwithstanding the provision or absence of public safety services such as lifeguards, police or sheriff patrols, medical services, fire protection services, beach cleanup services, or signs. The provisions of this section shall apply only to natural conditions of public property and shall not limit any liability or immunity that may otherwise exist pursuant to this division. Finally, Government Code Section 831. 7(a) provides that neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists the participant, or to any spectator who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk, or having the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity. Hazardous recreational activity includes: Water contact activities, except diving, in places where or at a time when lifeguards are not provided and reasonable warning thereof has been given or the injured party should reasonably have known that there was no lifeguard provided at the time. (Gov. Code§ 831.7(b)(1).) Currently, the city is immune from liability for a claim of dangerous condition of public property for a swimmer who drowns at the unguarded north beach area of Carlsbad, as warning signs are posted and maintained. Beaches with Lifeguard Services; Emergency Responders While it is true that the city would lose immunity under Government Code Section 831.7(b)(1) which includes swimming at an unguarded beach as a hazardous recreational activity, it would still retain other immunities. For example, the immunities which are still available: the immunity for an injury caused by a natural condition of any unimproved public property, including but not limited to any natural condition of any lake, stream, bay, river or beach (Gov. Code § 831.2) and diving into water from other than a diving board or diving platform would still be considered a hazardous recreational activity (Gov. Code§ 831.7(2)). Further, Government Code Section 831.21(a) states that public beaches shall be deemed to be in natural condition and unimproved notwithstanding the provision or absence of public safety services Item #9 February 28, 2017 Page 5 of 10 such as lifeguards, police or sheriff patrols, medical services, fire protection services, beach cleanup services, or signs. Similar to paramedics, the action of the lifeguards in providing medical care would be immune from liability in the absence of gross negligence or bad faith pursuant to California Health and Safety Code Section 1799.106. It should be noted that similar to police officers, lifeguards have a general duty to protect members of the public, but there is no special relationship between a particular lifeguard and a particular swimmer unless there are additional facts showing the existence of a relationship. (See Williams v. State of California, (1983) 34 Cal.3d 18.) Next Steps Should the City Council wish to consider taking a new policy direction regarding public safety in the north beach area, staff recommends scheduling a Council workshop to fully evaluate the options and provide direction to staff. The primary policy question for the City Council to consider is whether or not the existing conditions in the north beach area constitute a significant public safety concern. If current conditions are deemed satisfactory, then no further action may be needed. If conditions are determined to be generally acceptable, but Council wishes to improve the visitor and resident experience, installing increased sign age and conducting additional public outreach and education to visitors and residents may be sufficient. However, if it is determined that a significant public safety or quality of life concern exists, then the second question for Council to answer is whether it is in the city's interest to consider taking action to improve lifeguarding and/or law enforcement services. Depending on the conclusions reached relative to the questions posed above, Council may wish to provide policy direction to staff, in order to pursue one, or a combination of the following: 1. Maintain status quo. 2. Increase signage and enhance public outreach and education to visitors and residents. 3. Prepare a comparative analysis for Council to evaluate options for providing enhanced public safety services in the north beach area, which may include: a. Expansion of Carlsbad Public Safety to include lifeguard service. b. Agreements with allied agencies to provide lifeguard service. Fiscal Analysis None. Environmental Evaluation (CEQA) Item #9 February 28, 2017 Page 6 of 10 Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Public Notification Staff attempted to notify those individuals who have expressed concerns regarding north beach area public safety, as well as stakeholders involved in the Ocean Street Beach Access Improvements Project. California State Parks staff have also been notified about this report. Exhibits 1. North Beach Area Vicinity Map 2. North Beach Area Photos Item #9 February 28, 2017 Page 7 of 10 Public Beach Access /"v/ Private Beach Access Railroad City of Carlsbad Boundary North Beach Area Exhibit 1 Item #9 February 28, 2017 Page 8 of 10 Item #9February 28, 2017 Page 9 of 10Exhibit 2 Item #9February 28, 2017 Page 10 of 10 Faviola Medina From: Sent: To: Cc: Subject: Hi Favi- Jason Haber Friday, February 24, 2017 10:10 AM Faviola Medina jcush1942@hotmail.com FW: North beach safety report RECEIVED FEB 2 4 2017 CITY OF CARLSBAD CITY CLERK'S OFFICE Please include Ms. Cushman's email in the record for Item #9 on the 2/28 Council Agenda. Thanks, Jason (city of Carlsbad Jason Haber Assistant to the City Manager 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 760-434-2958 I jason.haber@carlsbadca.gov www.carlsbadca.gov Facebook I Twitter I You Tube I Flickr I Pinterest I Enews From: Jeanette Cushman [mailto:j' Sent: Friday, February 24, 2017 1:26AM To: Jason Haber Subject: Re: North beach safety report Hi Jason, All Receive -Agenda Item # 3_ For the Information of the: CITY COUNCIL .I ACM v' CA.; CC -/ Date ;;..-2-i City Manager _Y_ Thanks for the quick response. Given the 9 hour difference between France and Carlsbad, the timing was perfect! I read the report w interest. It seems that historically, this issue is a can that has been kicked down the road for a long time. However, my family has lived at 2469 Ocean since 1954, and I can tell you that only in the last 15 years have we seen an uptick in problems that an increased number of visitors to our beach bring. The life guard situation is not one of great concern to me. My concerns are: people using the beach ( and our private stairs) as a toilet, place to sleep, smoke, drink and have sex. What my husband and I would like to see is increased police patrols AT HIGH USE HOURS, and have the police actually enforce the rules posted at the beach entry ways. It strikes me as ironic to see the police golf cart come up the beach at 6 pm, when everyone has gone home and the beach is empty, or when I actually asked officers if they said anything about the dog the girls had with them during the chat they just had with those girls, to have the answer be no. An ancillary topic was raised in the report concerning the city's lack of research regarding property lines along the beach front. I can show you the deed to our house which states that the beach side of the property extends to "mean high tide" line. Although that is obviously a moveable feast, under any conditions, there must be a strip of land immediately next to our beach wall that, under that definition, would be private land. I would like to be 1 able to post that, to discourage folks from using our wall and fence as a climbing apparatus, drying rack for towels and wet suits and a nice place to set up camp that blocks our entry. Is there to be any further action by staff to investigate that issue? If there is a way to voice our request re: increased police presence on the beach during high usage hours at the meeting on Feb 28, I would be pleased. Thank you, Jeanette and David Stroh Sent from my iPad 2 Michael Davis, Fire Chief Neil Gallucci, Police Chief February 28, 2017 North Beach Area Public Safety Overview •Council received public comment July 12, 2016 •Public safety & law enforcement •Council directed Staff to evaluate and report back Carlsbad Beaches •CA Dept. of Parks & Recreation –82% •Terramar & North Beach Area –18% CaliforniaStateBeach LifeguardLifeguardTower #38Tower #38 CARLSBAD BLCARLSBAD BL GRAND AVGRAND AVMMOOUUNN TTAA IINN VV II EE WW DD RR CYPRESS AVCYPRESS AVSTATE STSTATE ST CHRISTIANSEN WYCHRISTIANSEN WYBEECH AVBEECH AVLLAAGGUUNNAADDRROAK AVOAK AVPACIFIC AVPACIFIC AVPINE AVPINE AVLINCOLN STLINCOLN ST WASHINGTON STWASHINGTON ST NORMANDY LNNORMANDY LNGGAARRFFIIEELLDD SSTT CARLSBAD VILLAGE DRCARLSBAD VILLAGE DROCEAN STOCEAN ST RRUUEEDDEESS CCHHAATTEEAAUUXX Document Path: J:\RequestsMarch2015\CityManager\00023997_16\NorthBeachAccessSlide.mxd, Date: 09/23/2016 Public Beach Access Private Beach Access Railroad City of Carlsbad Boundary North Beach Area Existing Public Safety Services •CA State Parks –lifeguards & law enforcement on State beaches •City of Carlsbad –911 emergency response on all beaches in Carlsbad North Beach Area -Access Signage •No Lifeguard, Swim At Own Risk •No Alcohol •No Smoking •No Dogs •No Beach Fires •No Glass •Board Surfing (Restrictions) North Beach Safety Concerns •Ocean swimming –Hazardous recreational activity •No preventive actions •Emergency rescue response North Beach Safety Concerns •July 2016 –335 water rescues by State lifeguards (197: July 2 -July 4) –7 non-fatal drownings –1 fatality Law Enforcement & Quality of Life •Noise •Vandalism and graffiti •Alcohol consumption •Drug use •Public urination Complaint-driven law enforcement North Beach Area