HomeMy WebLinkAbout2017-11-14; City Council; ; Introduction and adoption of an urgency ordinance to allow for afterhours public access to portable restroom facilities and hand-washing stations in city parks during the duration of the Hepatitis A public health emergencyCA Review }\ �(_
CITY COUNCIL Staff Report
Meeting Date:
To:
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Subject:
Nov. 14, 2017
Mayor and City Council
Kevin Crawford, City Manager
Michael Calderwood, Fire Division Chief
Michael.calderwood@carlsbadca.gov or 760-931-2241
Marissa Kawecki, City Prosecutor/Deputy City Attorney
marissa.kawecki@carlsbadca.gov or 760-434-5351
Introduction and adoption of an urgency ordinance to allow for after
hours public access to portable restroom facilities and hand-washing
stations in city parks during the duration of the Hepatitis A public healt�
emergency
Recommended Action
Introduce and Adopt an urgency ordinance that would provide temporary public access to
designated city parks during the hours that parks are normally closed, 10:00 p.m. to 8:00 a.m.,
for the limited purpose of using portable restroom facilities and hand-washing stations in such
parks. Such access would terminate contemporaneous with the County of San Diego declaring an
end to the Hepatitis A health emergency.
Executive Summary
On October 24, 2017, the city's Hepatitis A Incident Response Team presented a repor� to the
City Council on the status of a Hepatitis A outbreak, which the County of San Diego declared to
be a local public health emergency. The Team presented preventative measures that city staff
has taken or could take, which included a discussion of the temporary placement of portable
restroom facilities throughout the city for the immediate preservation of public health. City
Council approved a motion authorizing staff to place temporary restroom facilities at locations
determined to be most impacted and suited to such facilities.
Following a thorough evaluation of potential sites, the Hepatitis A Incident Response Team has
determined that select city parking lots and city parks are best suited for the location of the
portable restroom facilities. It should be noted that some city parks already contain portable
restroom facilities, including Hosp Grove Park, Cannon Park, and Zone 5 Park. Additionally,
some city parks already contain hand-washing stations, including Magee Park, Maxton Brown
Park, Holiday Park, Pine Avenue Park, Alga Norte Park, and Stage Coach Park, which were
placed throughout the city by the County of San Diego in the wake of the Hepatitis A outbreak.
Staff desires the ability to site new portable restroom facilities or hand-washing stations, if
appropriate, at additional city parks and seeks to make the existing facilities accessible twenty
four hours a day.
Nov. 14, 2017 Item #2 Page 1 of 8
Currently, two provisions of the Carlsbad Municipal Code would inhibit the usage of portable
restroom facilities and hand-washing stations in city parks. These provisions include: Section
11.32.030{9), prohibiting persons from entering a public park during the posted closure hours,
which have been posted as 10:00 p.m. to 8:00 a.m.; and section 11.32.030(13), prohibiting
parking or standing of any vehicle or trailer in any public city park between the hours of 11:00
p.m. and 5:00 a.m., except as permitted by the city manager or designee.
The purpose of the proposed urgency ordinance is to address the imminent health concerns
associated with the Hepatitis A outbreak {as outlined in the Discussion section below), while
ensuring that the public can legally access portable restroom and hand-washing facilities
located in city parks during the nighttime hours. The urgency ordinance would temporarily
suspend the hours that parks are normally closed for the limited purpose of providing staff
discretion to place portable restroom facilities and hand-washing stations in parks and allowing
the public to access same.
Access to the city's parks between the hours of 10:00 p.m. and 8:00 a.m. for any other purpose
is governed by Carlsbad Municipal Code section 11.32.030(9). City parks that contain neither a
portable restroom facility nor a hand-washing station would be unaffected by this ordinance
and would remain closed between the hours of 10:00 p.m. and 8:00 a.m., pursuant to current
· sign age posted under section 11.32.030{9) of the Carlsbad Municipal Code. Permanent
restroom facilities in city parks would also be unaffected by this ordinance and would remain
locked between the hours of 10:00 p.m. and 8:00 a.m.
The urgency ordinance and any corresponding authorizations would automatically expire when
the County of San Diego declares an end to the Hepatitis A public health emergency.
Discussion
On September 1, 2017, the County of San Diego declared a local public health emergency due
to a Hepatitis A outbreak in the county. Soon thereafter, the City of Carlsbad formed the
Hepatitis A Incident Response Team, a multi-departmental task force designated to take
prompt and necessary action to protect the health and welfare of Carlsbad residents and
visitors.
Hepatitis A is a virus affecting the liver. Most people who contract the disease recover
completely. However, persons with chronic liver disease, such as cirrhosis, Hepatitis B or C, and
other health conditions are at increased risk of developing a severe illness, including death, if
they are infected.
The Hepatitis A virus is transmitted when human excrement from a person who has been
infected by Hepatitis A has been ingested by another person. The virus can live for months even
in a microscopic amount of feces outside the body, such as on door knobs and park benches. It
is not spread through the air or through contact with blood or other bodily fluids. A person can
be infectious and spread the virus to others for up to two weeks before symptoms appear and
for one week after developing jaundice.
Hepatitis A is closely associated with unsafe water or food, inadequate sanitation, and poor
personal hygiene. The spread of the virus can be prevented by following good hygiene
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Nov. 14, 2017 Item #2 Page 2 of 8
practices, including proper hand washing using soap and water after using the bathroom and
before eating. It can also be prevented by avoiding contact with fecal matter, and by containing
it in a toilet facility rather than depositing it or leaving it outdoors. At-risk individuals can also
obtain a Hepatitis A vaccine to avoid contracting the virus.
Certain city parks are the situs of fecal matter deposited or left outdoors by transient
individuals. Certain city parks also contain populations who are more at-risk for contraction of
Hepatitis A, such as transient individuals, who often lack access to proper sanitation and health
care and may have pre-existing health conditions.
The health and welfare of the community is at risk due to the presence of Hepatitis A.
However, this health emergency can be addressed by giving the public open access to
sanitization facilities, including portable restrooms and hand washing stations located in city
parks, between the hours of 10:00 p.m. and 8:00 a.m., when parks are normally closed to the
public.
California Government Code section 36937 authorizes local governments to adopt emergency
measures necessary to preserve the public peace, health, and safety of their residents. Based
on the county-wide public health emergency that exists due to the current Hepatitis A
outbreak, it would be detrimental to the health and welfare of the community to be without
open access to portable restroom facilities and hand-washing stations located in city parks. This
ordinance is therefore necessary as a temporary emergency measure for preserving public
health.
Fiscal Analysis
At this time, the proposed urgency ordinance would have limited fiscal impact. The Hepatitis A
Incident Response Team does not intend to place new portable restroom facilities at any city
parks. However, should circumstances change in the future, the cost of new portable restroom
facilities would be negotiated through a contract with Diamond Environmental on a discounted
basis, due to the city's ongoing accounts with Diamond. The delivery/removal fee is
approximately $65.00 per occurrence; the servicing fee is approximately $585.00 per month for
servicing at a rate of 4 times per week; and the emergency call-out fee is approximately
$100.00 per occurrence.
The portable hand-washing stations were installed and are maintained by the County of San
Diego at no cost to the city. They will also be removed by the County of San Diego, at no cost to
the city, once the county declares an end to the Hepatitis A public health emergency.
There will be a minimal cost associated with posting temporary signage in affected parks that
advises the public of the temporary facilities access policy between the hours of 10:00 p.m. and
8:00 a.m. Currently, there are nine (9) such affected parks. The following parks have existing
portable restrooms: Hosp Grove Park, Cannon Park, and Zone 5 Park. The following parks have
existing hand-washing stations: Magee Park, Maxton Brown Park, Holiday Park, Pine Avenue
Park, Alga Norte Park, and Stage Coach Park. The cost of creating signage for all affected parks
will be no more than $500.00.
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Nov. 14, 2017 Item #2 Page 3 of 8
Next Steps
This urgency ordinance will immediately become effective upon adoption by Council. If
adopted, city staff will post appropriate sign age in affected city parks to alert the public that
they may access such parks during nighttime hours for the limited purpose of utilizing portable
restroom and hand-washing facilities.
The Hepatitis A Incident Response Team will advise Council when the Hepatitis A public health
emergency has expired, at which time this ordinance and any corresponding authorizations will
expire.
Environmental Evaluation (CEQA)
This action is categorically exempt from CEQA under CEQA Guidelines section 15311 (Accessory
Structures), which covers on-premise signs and placement of temporary use items such as
portable restrooms or similar items in publicly owned parks.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Proposed urgency ordinance to allow for after-hours public access to portable restroom
facilities and hand-washing stations in city parks during the duration of the Hepatitis A public
health emergency.
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Nov. 14, 2017 Item #2 Page 4 of 8
ORDINANCE NO. CS-327
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA TO ALLOW FOR AFTER-HOURS PUBLIC ACCESS TO PORTABLE
RESTROOM FACILITES AND HAND-WASHING STATIONS IN CITY PARKS
DURING THE DURATION OF THE HEPATITIS A HEALTH EMERGENCY
WHEREAS, the City Council of Carlsbad, pursuant to its police powers delegated to it by the
California Constitution has the authority to enact laws which promote the public health, safety, and
general welfare of its citizens; and
WHEREAS, the City of Carlsbad Hepatitis A Incident Response Team presented a report to the
Carlsbad City Council on October 24, 2017, on the status of a Hepatitis A outbreak, which the County of
San Diego has declared to constitute a county-wide public health emergency as of September 1, 2017; and
WHEREAS, the Hepatitis A Incident Response Team presented preventative measures that city
staff has taken or could take in response to the Hepatitis A outbreak, which included a discussion of the
temporary placement of portable restroom facilities throughout the city for the immediate preservation
of public health; and
WHEREAS, at its regular meeting on October 24, 2017, City Council approved a motion authorizing
staff to place temporary restroom facilities at locations determined to be most impacted and suited to
such facilities; and
WHEREAS, some city parks currently provide portable restroom facilities and some city parks
currently provide portable hand-washing stations that were placed by the County of San Diego, yet all city
parks are closed to the public between the hours of 10:00 p.m. and 8:00 a.m. by signage posted pursuant
to Carlsbad Municipal Code section 11.32.030(9); and
Nov. 14, 2017 Item #2 Page 5 of 8
WHEREAS, the City of Carlsbad desires to temporarily allow park access during nighttime hours
so that persons may use existing and proposed portable restroom facilities or hand-washing stations
located in such parks; and
WHEREAS, the City Council has determined that, based on the county-wide public health
emergency that exists due to the current Hepatitis A outbreak, it would be detrimental to the health
and welfare of the community to be without open access to portable restroom facilities and hand-
washing stations located in city parks; and
WHEREAS, the City Council has determined that it is necessary to immediately protect and
preserve the health and welfare of the community by temporarily allowing access to parks during
nighttime hours; and
WHEREAS, this ordinance is adopted pursuant to Government Code section 36937(b) by a four-
fifths vote, allowing the adoption of such urgency ordinance to take effect immediately to ensure the
immediate preservation of public peace, health or safety in the City of Carlsbad; and
SECTION 1. Now, therefore, the City Council of the City of Carlsbad, California does find as follows:
a. The County of San Diego declared a local public health emergency on September 1, 2017
due to a Hepatitis A outbreak in the county.
b. Hepatitis A is a virus affecting the liver. Most people who contract the disease recover
completely; however, persons with chronic liver disease, such as cirrhosis, Hepatitis B or C,
and other health conditions are at increased risk of developing a severe illness, including
death, if they are infected.
c. The Hepatitis A virus is transmitted when human excrement from a person who has been
infected by Hepatitis A has been ingested by another person. The virus can live for months
even in a microscopic amount of feces outside the body, such as on door knobs and park
benches. It is not spread through the air or through contact with blood or other bodily
fluids.
d. A person can be infectious and spread the virus to others for up to two weeks before
symptoms appear and for one week after developing jaundice.
e. The spread of Hepatitis A can be prevented by following good hygiene practices, including
proper hand washing using soap and water after using the bathroom and before eating. It
Nov. 14, 2017 Item #2 Page 6 of 8
can also be prevented by avoiding contact with fecal matter, and by containing it in a toilet
facility rather than depositing or leaving it outdoors. At-risk individuals can also obtain a
Hepatitis A vaccine to avoid contracting the virus.
f. Certain city parks are the situs of fecal matter deposited or left outdoors by transient
individuals. Certain city parks also contain populations who are more at-risk for
contraction of Hepatitis A, such as transient individuals, who often lack access to proper
sanitation and health care and may have pre-existing health conditions.
g. There is a high likelihood that Hepatitis A can be contracted or spread by community
members without the adoption of this ordinance. Community members currently have
limited access to the city parks' portable restroom facilities and hand-washing stations, yet
these are the type of sanitization facilities that help prevent the spread of the Hepatitis A
virus. This ordinance is therefore necessary as an emergency measure for preserving the
public peace, health, or safety.
h. In the interest of protecting public health, this urgency ordinance is intended to authorize
and empower the city to place portable restroom facilities and portable hand washing
stations in the city's public parks and allow for open public access to such new or existing
facilities, so long as the County of San Diego continues to declare the Hepatitis A outbreak
to constitute a county-wide public health emergency.
SECTION 2: Notwithstanding any signage posted at public parks pursuant to section
11.32.030(9) of this code, for the duration of the San Diego County Hepatitis A public health
emergency, during the nighttime hours, the public shall have access to city parks for the sole
purpose of accessing portable restroom facilities and hand-washing stations located in such
parks. Access to the city's parks during the nighttime hours for any other purpose, including
access to those parks without portable restroom facilities or hand-washing stations for any
purpose whatsoever, is governed by section 11.32.030(9) of this code.
a. Definitions. For purposes of this section, the following definitions apply:
1. "Portable restroom facilities" means facilities commonly known as "porta potties" that
are not permanently affixed to the ground and can easily be moved between locations
to quickly provide sanitation services.
2. "Hand-washing stations" means portable sinks, equipped with soap, water, and paper
towels, that have been placed at various parks throughout the city by the County of
San Diego to provide sanitation services.
b. Public access to affected city parks during the nighttime hours shall contemporaneously
expire when the County of San Diego declares an end to the Hepatitis A public health
emergency.
SECTION 3: This ordinance is adopted as an urgency measure pursuant to section 36937 of the
Government Code. This ordinance is necessary as an emergency measure for preserving the
public peace, health, and safety of the city and its residents.
Nov. 14, 2017 Item #2 Page 7 of 8
EFFECTIVE DATE: Pursuant to section 36937 of the California Government Code, this urgency
ordinance shall become effective immediately upon passage. The City Clerk shall certify the adoption
of this ordinance and cause it to be published at least once in a newspaper of general circulation in the
City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 14th
day of November, 2017, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 14th day of November, 2017, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
GM-~{£ EA L,d?_
CELIA A. BREWER, City Attorney 1LdJ/JJ
~ALL,Mayor
ATTEST:
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BAR~NGLESON, City ~k
(SEAL}
Nov. 14, 2017 Item #2 Page 8 of 8
Sheila Cobian
From:
Sent:
To:
Cc:
Subject:
Council Internet Email
Tuesday, November 14, 2017 7:47 AM
City Clerk
Michael Calderwood; Marissa Kawecki
FW: Public Bathrooms open 24/7?
From: Tj Stroben []
Sent: Monday, November 13, 2017 4:54 PM
,\II Receive -Agenda Item # 'l---
For the Information of the:
CITY COUNCIL
ACM VcA vcc v
Date~ City Manager /
To: Matthew Hall <Matt.Hall@carlsbadca.gov>; Keith Blackburn <Keith.Blackburn@carlsbadca.gov>; Council Internet
Email <CityCouncil@carlsbadca.gov>; Michael Schumacher <michael.schumacher@carlsbadca.gov>; Cori Schumacher
<Cori.Schumacher@CarlsbadCA.gov>
Subject: Public Bathrooms open 24/7?
Dear Councilmembers,
My name is Tj Stroben.
My husband and I have owned a home across from Holiday Park for 21 years. (Hi Matt and Keith!)
I was notified by a neighbor that the council is considering reversing a policy to keep the bathrooms locked
overnight and the keeping the two public restrooms open 24 hours a day to provide the local homeless areas to
wash their hands and use the restrooms. I am unable to attend this meeting.
If only it was that simple I would be in favor of it too. I am not a heartless person.
It is plain and simple; the overnight open bathrooms provide opportunities for a variety of illicit drug and sexual
activities. This is well documented.
The downtown parks are in the coastal travel corridors and close to the local shelters, so we tend to have a
disproportionate transient population. We get more than our share of "locals".
1
An overnight open bathroom with no education and connection with the health department will do nothing to
change hygiene habits. If there is no support from local agencies it will be nothing but a nuisance to the
residents and the police department.
Please consider all other possible alternative before using our public park restrooms.
Respectfully,
Tj Stroben
Tj Stroben
Realtor, California Residential
Sheila Cobian
From:
Sent:
To:
Cc:
Council Internet Email
Monday, November 13, 2017 4:32 PM
City Clerk
Marissa Kawecki; Michael Calderwood
Subject: FW: Agenda item on opening public restrooms all night
-----Original Message-----
From: Catherine Trout Lichterman [
Sent: Monday, November 13, 2017 4:28 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Agenda item on opening public restrooms all night
All Receive -Agenda Item # 2-
For the Information of the:
CITY COUNCIL
ACM ./ CA_LCC~
Date ~ City Manager v"'
As a 42 year long Carlsbad resident, I've seen lots of change in this city. One of the more recents changes that is
particularly disturbing is the increase in the homeless population. While most of the homeless are probably law abiding
citizens, there are also those who are drug users, alcoholics, or engaged in some sort of criminal activity such as car
break-ins, prowling, etc. The item on the Nov. 14th agenda to leave the public bathrooms open all night would be a huge
mistake to institute for the sake of providing facilities to wash up. Instead, provide portable hand wash devices in those
areas and portable toilets. Better yet, partner with those entities who provide support services to get the homeless off
the streets and into jobs and housing. I strongly encourage you to vote no on the agenda item and present an alternative
solution.
Thank you for your public service to the citizens of Carlsbad.
Catherine Trout Lichterman
Sent from my iPad
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