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