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HomeMy WebLinkAbout1991-09-16; Parks & Recreation Commission; 991-2; Citizen Request for Installation of Time Lock Gates at the Beech Street Access (Action) (2)PARKS & RECREATION COMMISSION - AGENDA BILL DEPT. TITLE: CITIZEN REQUEST FORAB# •rrr> Q.lbtil INSTALLATION OF TIME LOCK•VI I \3 ff ^ I— GATES AT THE BEECH STREET ACCESS (ACTION) RECOMMENDED ACTION: Deny citizen's request for the City to install time lock gates at the Beech Street beach accessway. ITEM EXPLANATION; This issue was addressed during the August 19, 1991, Parks and Recreation Commission meeting. The Commission requested the item be returned this month for further consideration and additional citizen input from the area residents. In addition, the Commission requested the Police Department provide input relating to disturbances within the area. The attached memo (Exhibit 1) to the Police Chief reiterates the concerns of the Commission and the attached agenda bill (Exhibit 2) remains the same for the requested action of the Commission. FISCAL IMPACT; Refer to attached. EXHIBITS; 1. Memo to Police Chief 2. Parks and Recreation Commission Agenda Bill #AB 891-9 18 August 28, 1991 TO: POLICE CHIEF VIA: Parks and Recreation Direc&r FROM: Senior Management Analyst TIME LOCK GATE AT BEECH AVENUE At the August meeting, the Parks and Recreation Commission was requested to pursue the installation of a time lock gate at the Beech Avenue beach public accessway. The attached Agenda Bill will explain the request as well as staffs recommendation. Although the Commission took no action regarding the installation, they did request that the item be held over until next month. The reasons for continuance were: 1. To allow for additional public input from area residents at the next meeting. 2. To request input from the Police Department in terms of the amount of complaints received and responded to concerning malicious mischief in the local vicinity. It would be greatly appreciated by our department and Commission if you, or a representative could respond to this situation at the next Parks and Recreation Commission meeting. The Commission meets on September 16, 1991 at 5:00 p.m. in the City Council Chambers. If I can provide any additional information or be of assistance in any way, please contact me extension 282?T)Thank you for your cooperation. pa c: Assistant City Manager PARKS & RECREATION COMMISSION - AGENDA BILL AB# fi^l-S MTG. J DEPT. 3|fi|<*l (>*& TITLE: CITIZEN REQUEST FOR INSTALLATION OF TIME LOCK GATES AT THE BEECH STREET ACCESS (ACTION) ^<^ft Y* RECOMMENDED ACTION: Deny citizen's request for the City to install time lock gates at the Beech Street beach accessway. ITEM EXPLANATION; The Parks and Recreation Department has recently received a request to install an electrical time lock gate at the Beech Street accessway (Exhibit 1). The request has originated from William C. Mann, owner of property immediately adjacent to the existing accessway and also representing his neighbors. Several years ago, at the request of area residents, the City of Carlsbad investigated the possibility of creating a safe accessway at the Beech Street site which was at that time in a state of disrepair. Staff investigation revealed that the access point was under the auspices of the Coastal Conservancy. One of the principle goals of the Coastal Conservancy is to provide ownership by local managing entities of accessways under their conservancy in an effort to create public access to coastal waters. In negotiations to provide a safe accessway, the Carlsbad City Council directed staff to pursue the ownership of the access point and assume the management of maintenance operations. However, that action was predicated upon a guarantee that the Coastal Conservancy would provide grant funding in order to construct the existing stairway. The Coastal Conservancy agreed to provide grant funding to the City for the stairway construction, and the ownership and subsequent maintenance and operation has been assumed by the City ever since. Several other access points are located along Ocean Street which provide for public access to the ocean (Exhibit 2). Currently, there are seven (7) accessways including: Ocean Street, Army/Navy Academy, Cypress Street, Beech Street, Christiansen Way, Grand and Elm Avenues. Presently, two (2) of the seven (7) accessways are equipped with time lock gates. They are Cypress Street and Christiansen Way. Although staff does not question Mr. Mann's claim regarding unsavory behavior which may occur on the beach during late night and early morning hours, staff believes that the construction of a time lock gate at this access point may serve to deter the problem, however, would not eliminate it. Access can be gained to the beach property through several other access points, notably Ocean Street, Army/Navy Academy, Grand and Elm Avenues. In an effort to neutralize some of this behavior, staff believes that every access point would need to be under a time lock situation. However, even then, access to the beach could be achieved through other means (from Oceanside at the Buena Vista Lagoon to the north and the Carlsbad Seawall access points to the south, etc.). In addition to this rationale, the following are considerations to deny the request: 1. The cost to construct time lock gates is anticipated to be in excess of $5,000 per each access point. The funds are currently not provided for in the 1991- 92 fiscal year Maintenance and Operation Budget. The cost for ongoing 20 PAGE 2, AB #. maintenance and operation and eventual replacement would also be a consideration. 2. If time lock gates are constructed at each of the access points, then should an emergency situation arise during periods when the gate is time locked, access for emergency operation procedures by Police and Fire, etc. would be restricted. 3. The presence of the time lock gates creates a certain liability exposure in itself due to the ability for an individual to scale the fence in an effort to gain access. Should injury result as a consequence, the question of liability could surface. 4. Since the issue of late night and early morning access to the beach area in staffs opinion cannot be eliminated, the issue appears to be one of enforcement. The enforcement of laws governing trespassing, loitering, vagrancy, disruptive behavior, public intoxication, etc. should be referred to the appropriate enforcement agencies, specifically Carlsbad Police Department and/or the Stage Parks and Recreation rangers. If the Commission wishes to consider alternatives, the following are offered for consideration: A. If the Commission approves of a time lock gate at Beech Street accessway, that the cost of installation be born by the adjacent resident(s). Because the accessway is owned by the City, application to the Coastal Commission for installation must be processed by the City. Approval by the City Council would be necessary, and, if this alternative is recommended and approved by Council, staff would process the application and await approval or denial from the Coastal Commission. Direction to continue would be contingent upon their decision. B. Direct staff to communicate the problems arising from unruly behavior to the appropriate enforcement agencies and request increased patrol and enforcement to reduce and correct the problem. C. If the Commission concurs with the citizen request to install the time lock gate and feels it appropriate that the cost be incurred by the City, direct staff to request funding for the construction during the fiscal year 92-93 budget process. FISCAL IMPACT: It is estimated the cost to install time lock gates (at the top and bottom of the accessway) would be in excess of five thousand dollars ($5,000). The annual maintenance and operation of the gates (other than electric costs) would be minimal excluding any vandalism which may occur. Funds are currently not available in the 91-92 department budget. EXHIBITS; 1. William C. Mann's letter, 7-15-91 2. Beach accessways map — 31 --- 21 WA This letter is to bring your attention to all this and request a electrical time lock gate be put at the top of the stairs with the locking hours of 10:00 p.m. thru 6:00 a.m. at that particular location of my property I do have electrical available that the city would be able to tack into to keep cost down. A neighbor of mine Mr. Dave Richards has talked to a Coastal Commission person who understood this and thought that our cause was legitimate but, that the authorization would have to come from the city of Carlsbad. I would appreciate anything you could do for us. If your office can't oblige this request, please direct to the appropriate committee. Sincerely, William C. Mann 33 WA 619 931-6868 FRX 619-931-6867 RECEIVED .IIII 1 51991 William C. Mann 2701 Ocean Street Carlsbad, California 92008 July 11, 1991 Park & Recreation 1200 Carlsbad Village Drive Carlsbad, California 92008 Attention: David Bradstreet Dear Mr. Bradstreet: Keith Beverly of the Parks and Recreation suggested that you were the person to direct this request to. I live at 2701 Ocean Street here in Carlsbad and my neighbors suggested that I be the one to contact you of this matter. My beach property has a 5' easement on the south side, which is a public access it was nicely redone a couple of years ago and since that time there has been a lot more traffic coming on to the beach, which is nice so everyone can enjoy it. The point of this letter is that late night and early morning visitors are becoming a major nuisance and scinstistos purvey the feeling of danger. They party on the seawalls causing lots of noise, which wakes us up and they break bottles, which we pick up so innocent visitors don't step on and don't bring suit on us since they are on our property. We are always telling people not to start fires since it is against the law and the smoke blows into our homes through open windows. Transients and street-bums camp out on our decks and between our houses and use our yards as their toilet and cause us concern to keep our homes locked securely. Most recently the event of hearing 2 gunshots fired from the beach at 1:00 a.m. finally prompted me to see what could be done. I was awakened hearing people screaming at each other and then heard the gunshots. I snuck out to see but, luckily saw no one left there. 042 Corte'Del Nogol, Suite a Carlsbad Cfl 92009-^EXHIBIT 1 .-'•'-;* OCEAN (15 ARMY-NAVY (15, CYPRESS (6«> STATE LAND COMMISSION A PRIVATE PROPERTY PfcoO#»e-j _Xei«/*U JJ| GRAND ELM (40 STATE PAMKS A 4 34 EXHIBIT 2