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HomeMy WebLinkAbout1991-11-18; Parks & Recreation Commission; 1191-10; Citizen Request to establish lifeguard servicePARKS & RECREATION COMMISSION - AGENDA BILL AB#flQl^0 MTG./MK'W DEPT. ^£L/ TITLE: CITIZEN REQUEST TO ESTABLISH LIFEGUARD SERVICE ALONG THE BEACH ADJACENT TO OCEAN STREET (ACTION)TYi u- A RECOMMENDED ACTION: Deny citizen's request for the City to establish beach lifeguard services. ITEM EXPLANATION: Parks and Recreation Department staff has received a request from a Mr. Pete Biltchik of 352 Christiansen Way, Carlsbad. Mr. Biltchik has requested to establish a contract for lifeguard service with the State of California along the section of beach located from the southerly end of Ocean Street to the northerly boundaries of the City limits (Buena Vista Lagoon outlet). In Mr. Biltchik's letter, he also requests consideration in lieu of a State contract, for the City to start its own lifeguard service (Exhibit 1). Several years ago, Mr. Biltchik approached the City of (iarlsbad with a similar request to establish lifeguard service on this particular section of beach. At that time, on or about July 3,1989, the Director of Parks and Recreation submitted a report in response to Mr. Biltchik's request (Exhibit 2). In the summary/conclusion of the report, staff concluded that the City had dropped their pursuit of providing lifeguard service along the beach from Oak Street to the Buena Vista Lagoon because of the following: The City owns no beach area along its coastline. The City is not in the beach lifeguard business. Various State agencies have taken a position that the guard service is not their responsibility. The liability issues. The recommendation attached to the report suggested that Mr. Biltchik be written a letter informing him of the City staff position and that if he wished to pursue this matter further that he be scheduled to make a presentation/request at the next Parks and Recreation Commission meeting. After review by the City Attorney's office and subsequent to the submittal of this report to the Assistant to the City Manager, David Bradstreet responded in writing to Mr. Biltchik and, in essence, outlined the above stated recommendation that he request consideration by the Parks and Recreation Commission. In response to Mr. Biltchik's more current appeal, this issue is being presented to the Parks and Recreation Commission during the November 1991 meeting. Mr. Biltchik has requested to address the Commission with the concerns and suggested solutions which he supports relative to this issue. 65 PAGE 2, AB #_ FISCAL IMPACT: Although several costs have been referred to throughout the memos regarding contract lifeguard services, the exact costs have not been confirmed at this time. Approximate costs for contract services with the State of California are estimated to include a start up cost of $160,000 with an annual cost of operation at $82,000 a year (Exhibit 3). EXHIBITS: 1. Letter to David Bradstreet from Pete Biltchik, Subject: Lifeguard Service at "City" ("Tourist") beach 2. Memo - Parks and Recreation Director to Assistant to the City Manager, 7-3-89 3. Memo - Recreation Superintendent to Parks and Recreation Director, 10-11-91 Addendum 11-13-91 66 "/>^W.„ I \^^ jr/* SJ^ 0&&44fof ff-i ^P*? /<7f^1 * r />J"-Zr July 3, 1989 TO: PHIL CARTER, ASSISTANT TO THE CITY MANAGER FROM: DAVID BRADSTREET, PARKS AND RECREATION DIRECTOR LIFEGUARD SERVICE REQUEST FROM OAK STREET TO BUENA VISTA LAGOON BACKGROUND: Mr. Pete Biltchik is requesting that lifeguard service be provided along the beach from approximately Oak Street North to the mouth of the Buena Vista Lagoon. RECOMMENDATION: Write a letter to Mr. Biltchik informing him of the City's position and that if he wishes to pursue this matter further that he be scheduled to make a presentation/request at the next Parks and Recreatiori Commission meeting, which is scheduled for July 17, 1989, at 5:00 p.m. at the Calavera Community Center. DISCUSSION: In reviewing past correspondence from the City and various State officials, it appears the issue of providing lifeguard service from Oak St. to the mouth of the Buena Vista Lagoon has been an item of discussion since shifting sand has made the area attractive to the public around 1983. Attached are past documentations sent from City officials to State agencies requesting the State consider providing lifeguard services. The various State departments responded that in their opinion since the land in question is either not under their jurisdiction or they do not have the authority or funding to service the beach areas not under the ownership, they would not provide the requested lifeguard service unless they enter into a contract with the City where the City would reimburse the State for the guard service. In discussing the cost for lifeguard service with Bill Fait, Area Manager for the State Parks and Recreation Department, he estimates the seasonal start up cost for the approximately one mile stretch of beach would be $208,000 and a $117,000 per year thereafter. It has also been brought to my attention there is no legislation requiring City's to provide lifeguard service. According to other officials that I have spoken to, when a City does provide lifeguard service they create a public expectation of safety ind open the door to liability issues. Recent court cases have ruled agencies are liable not only from negligence, but also for natural conditions that may be hazardous to the public such as an uneven sand bottom. According to Ron McCullough, Regional Director of the State Parks and Recreation Department, the Cities of Newport Beach, Huntington Beach, and San Clemente did not renew their contracts for lifeguard service because of an injury award that Newport Beach was required to pay. 68 EXHIBIT 2 O o Page 2 Memo - P. Carter 7/3/89 SUMMARY CONCLUSION: The City has dropped their pursuit of providing lifeguard service along the beach from Oak St. to the Buena Vista Lagoon because of the following: \o The City owns no beach areas along its coastline o The City is not in the beach lifeguard business o Various State agencies have taken the position that the guard service is not their responsibility. o The liability issues. Accordingly, the City has installed signs at each of the accesses that state "No Lifeguard, Swim at Your Own Risk". If Mr. Bilchik would like to raise the issue of lifeguard service in this area again, I suggest he make a presentation to the Parks and Recreation Commission who meet the third Monday of every month at 5:00 p.m. EXHIBITS: 1. Letter from Shirley Dahlquist, Parks and Recreation Commission, dated 9/27/83. 2. Letter from Herbert Heinze, State Parks and Recreation, Regional Director, dated 10/13/83. 3. Letter from Assemblyman, Robert Frazee, dated 10/19/83. 4. Letter from Claire Dedrick, Executive Officer of State Lands Commission, dated 11/29/83. 5. Letter from former Mayor, Mary Casler, dated 7/29/85. 6. Letter from Ronald McCullough, Regional Director, dated 8/16/85. c: Frank Mannen, Assistant City Manager Bob German, Risk Manager *Vince BiondoiJ City Attorney 69 o City of Carlsbad Parks & Recreation Deoartment July 3, 1989 Pete Biltchik • 353 Christiansen Way -jf Carlsbad, California 92008 LIFEGUARD REQUEST Your request for lifeguard services from approximately Oak Street North to the Buena Vista Lagoon has been given to me for a response. Our records indicate that in the past several years the City has been in correspondence with State officials regarding the need for State involvement to provide lifeguard service in this particular area of Carlsbad. The various State agencies feel it is not their responsibility. Because of the impending liability issues; the fact that the City of Carlsbad does not own the subject property, (the land is State owned and privately owned) at this time the City is not pursuing the matter of guard service; however, the City has installed "no lifeguard, Swim at Your Own risk" signs. If you would like this matter reviewed further, I suggest your make your concerns known to the Parks and Recreation Commission who meet the third Monday of each month at 5:00 p.m. in the City Council Chambers. To be able to put you on the agenda, we need your written request two (2) weeks prior to the meeting date. If I can be of further assistance, please call me at 434-2824. Sincerely, David Bradstreet Parks and Recreation Director c: Frank Mannen, Assistant City Manager Phil Carter, Assistant to the City Manager 70 - 1200 ELM AVENUE CARLSBAD, CALIFOP.N:A 32008-1989 ( \ TELEPHONE: (619) 433-5571 City of Cartebab September 27, 1983 & RECREATION DEPARTMENT The Honorable Trusse Morris, Chairman -V State Parks and Recreation Commission 13301 So. Van Ness . . Gardens, CA 90249 '•. . . • . Dear Mr. Norris: . . ' . * - * •''.'• . -'.".- The Carlsbad Parks and Recreation Commission requests that State lifeguard services be provided to a one mile stretch of beach owned by the State Lands Commission between the- area north of Oak Street and the mouth of the Buena Vista Lagoon in Carlsbad, California. The influx of sand has made that beach the most attractive one in the area. Thsre are no lifeguards in the vicinity and tha£- entiro area is unprotected. .•f It is the understanding of this Commission that this'approximate one mile tretch of beach is owned by the State Lands Commission frcm the mean high tide west, and is therefore under the State's jurisdiction. It is undoubtedly the State's responsibility to provide reasonable protection to the beach-goers. The State Department of Parks & Recreation, who provides lifeguard services between Oak Street and South Carlsbad State Park, should show some flexibility now and in the future and simply relocate the towers from where beach traffic is down due to sand depletion to this more heavily used area. The City has agreed to allow the State to use City access ways for the lifeguard towers. Your immediate attention to this hazardous.condition would be appreciated by all concerned. We will be waiting for your response. Sincerely, . Shirley Dahlquist, Chair Parks and Recreation Commission SDM Congressman Ronald Packard Senator William Craven Assemblyman Robert Frazee Mayor Mary Casler Carlsbad City Council Frank Aleohire, City Manager Same letter sent to:State Parks nnd Recreation Area Manager State Parko nnri Recreation .DirectorState Lands Commission ' 71 1200 ELM AVENUE fj $7WW£\ { ••' TELEPHONE: CARLS3AD, CALIFORNIA 92000-193S^ {.^ )s§£^. P! ~ . . (619) 433.557^ Citp at Cartebafc ,. L L , ' PARKS & RECREATION DEPARTMENTSeptember 27f. 1983 . Ms. Claire Dedrick - Executive Officer • ~'-:y State Lands Commission ' 1807 13th Street '•'•'. Sacramento, C& 95814 Dear Ms. Dsdrick: The Carlsbad Parks and Recreation Commission requests that State lifeguard services be provided to a-one mile stretch of beach pwned by the State Lands Commission between the area north of Oak Street and the mouth of the Buena Vista Lagoon in Carlsbad, California. The influx of sand- h^as made that beach the most attractive one in the area. There, are no^lifeguards in the vicinity and that- entire area is unprotected- It is the understanding of this Commission that this approximate one mile stretch of beach is owned by the State Lands Commission from the msan high tide west, and is therefore under the State's jurisdiction. It is undoubtedly the State's responsibility to provide reasonable protection to the beach-goers. The State Department of Parks & Recreation, who provides lifeguard services between Oak Street and South Carlsbad State Park, should show some flexibility now and in the future and simply relocate the towers from where beach traffic is down due to sand depletion to this more heavily used area. The City has agreed to allow the State to use City access ways for the lifeguard towers. Your immediate attention to this hazardous condition would be appreciated by all concerned. V/e will be waiting for your response. Sincerely, ,&Ut.r/ - {/ s '****Shirley Dahlquist, Chair Parks and Recreation Commission SD/ds c: Congressman Ronald Packard Senator William Craven Assemblyman Robert Frazee Mayor Mary Casler Carlsbad City Council Frank Alcshire, City Manager Same letter sent to: State Parks and Recreation Commission State Parks and Recreation Area Manager State Parks and Recreation Director 1200 ELM AVENUE /^S^-^^A TELEPHONE: CARLSBAD, CALIFOR.S:A 92008-1989 p] y&? Tl . (619)438-5571 September 27 f. 1983 Citp of Cartebab PARKS & RECREATION DEPARTMENT Mr. Bill Faiti Area Manager ~v . State Department of Parks and Recreation 2680 Caclsbad Blvd. Carlsbad, CA 92008 . . .: Dear Mr. Fait: _ The Carlsbad Parks and Recreation Commission requests that State lifeguard services be provided to a one mile stretch of beach oWned by the State Lands Commission between the area north of Oak Street and the mouth of the Buena Vista Lagoon in Carlsbad, California. The influx of sand has made that beach the most attractive one in the area. There ara-na lifeguards in "the vicinity and that" entire area is unprotected. _It is the understanding of this Commission that this approximate one mile tretch of beach is owned by the State Lands Commission from the mean high tide west, and is therefore under the State's jurisdiction. It is undoubtedly the State's responsibility to provide reasonable protection to the beach-goers. The State Department of Parks & Recreation, who provides lifeguard services between Oak Street and South Carlsbad State Park, should show some flexibility now and in the future and simply relocate the towers from where beach traffic is down due to sand depletion to this more heavily used area. The City has agreed to allow the State to use City access ways for the lifeguard towers. Your immediate attention to this hazardous condition would be appreciated by all concerned. We will be waiting for your response. Sincerely, Shirley Dahlquist, Chair Parks and Recreation Commission SD/ds . ; . . \ c: Congressman Ronald Packard • Senator William Craven Assemblyman Robert Frazee . Mayor Mary Cosier Carlsbad City Council Frank Aleshire, City Manager Same letter uent to: State Parko and Recreation C9mmission ~ f\§tal;c Parks nn<J fleeraation ;Dircctor ~ /otatc Lands CommiBsion ' . - ' 1200 ELM AVENUE ^^.--^^4 TELEPHONE: CARLS3AD, CALIFORNIA 92008-1989 fcl X§£Xi 1 (619)438-5571 September 27, 1983 Cttp of Cartebafc PARKS & RECREATION DEPARTMENT Mr. William Briner, Director • ; State Department of Parks and Recreation 1416 9th Street. . . .-:.. - . •' ' , Room 1405 Sacramentcr CA 95814 : Dear Mr.. Brinerr . . : , The Carlsbad Parks and Recreation Commission request's that State lifeguard services be provided to a one mile stretch of beach owned by the State Lands Commission between the area north of Oak Street and the mouth of the Buena Vista Lagoon in Carlsbad,. California. The influx of sand has made that beach the most attractive one in the area. Therj^ara,no lifeguards ^i the vicinity and that entire area is unprotected. It is the understanding of this Commission that this approximate one mile stretch of beach is owned by the State Lands Commission from the mean high tide west, and is therefore under the State's jurisdiction. It is undoubtedly the State's responsibility to provide reasonable protection to the beach-goers. The State Department of Parks & Recreation., who provides lifeguard services between Oak Street and South Carlsbad State Park, should show some flexibility now and in the future and simply relocate the towers from where beach traffic is down due to sand depletion to this more heavily used area. The City has agreed to allow the State to use City access ways for the lifeguard towers. Your immediate attention to this hazardous condition would be appreciated by all concerned. We will be waiting for your response. Sincerely, Shirley Dahlquist, Chair Parks and Recreation Commission • . . SD/ds T -•••''-.', *..".-" • c: Congressman Ronald Packard Senator V/illiam Craven Assemblyman Robert Frazee Mayor Mary Casler Carlsbad City Council Frank Aleshire, City Manager Same letter sent to: State Parks and Recreation .Commission — 74St.ntc Parks and Kocreation 7Area ManagerSrnF«.» I mirlri I ninnn <:« I nn J n VATt or CAlirOtNIA—THt MKEJtCM A<MNC, GEORGE DEUKMEJIAN. DEPARTMENT OF PARKS AND RECREATION 083.3-403 Southern Region Headquarters ntr.- •2505 Congress Street RtX •-' - San Diego, California 92110 (619) 237*7961 October 13, 1983 Ms. Shirley Dahlqulst, Chairperson Parks and Recreation Commission City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Ms. Dahlqulst: Director Brlner has asked me to respond to your letter of September 27, 1983 requesting us to assume the responsibility of providing guard towers and lifeguard services to a one mile stretch of beach from Oak Street north to the mouth of the Buena Vista Lagoon in Carlsbad, California. You have correctly stated that"the beach below the mean high tide line in this area 1s owned and under the jurisdiction of the State Lands Commission. The beach above the mean high tide line, with the exception of three City owned 50 foot wide stairway accesses, is privately owned. The State Public Resources Code, Section 5003 and 5007, define the powers and duties of the State Parks and Recreation Department. My Department has no legal authority to expend funds for the care, maintenance or control of any lands which are not part of the State Park System. However, we may enter Into contracts with cities, counties, or other political subdivisions of the state for the care, maintenance and control of lands not under our jurisdiction. As the land 1n question 1s not part of the State Park System one way we can provide the services you are suggesting is to enter into a contract with your city. The only other way I'm aware of is by special legislation including an appropriation to cover our costs. The fact that no services are being provided on this beach is not a unique situation. Many miles of state, county, and city owned beach along Cal 1fornla1s_coast are used by the public for beach recreation purposes without benefit of lifeguard or other services. 75 ./ . • O o Ms. Shirley Dahlqulst, Chairperson Page 2 October 13, 1983 Thank you for expressing your concern in this matter. I regret that your request cannot be complied with as you suggested. Sincerely, Herbert L. Heinze, Regional Director Southern Region HLHtsel cc: Senator Craven Assemblyman Frazee Director's Office Commissioner Trusse Norrls State Lands Commission Mayor Mary Casler San Diego Coast Area 76 STATE OF CALIFORNIA RECEIVED DEC 0 5 1983 GEORGE DEUKMEJIAN. Governor ST E LANDS COMMISSION KENNETH CORY, Controller LEO T. MCCARTHY, Lieuten.m Governor MICHAEL FRANCHeni. Director of Flninct OF ci\^ EXECUTIVE OFFICE 1807 • 13th Straet Sacramento, California 95814 CLAIRE T. DEDRICK Exacutiv. Officar November 29, 1983 Shirley Dahlquist, Chairwoman Parks and Recreation Commission City of Carlsbad 1200 Elm Street Carlsbad, California 92008-1989 Dear Ms. Dahlquist: Your letter of September 27, 1983, requested state lifeguard services for a mile stretch of beach between an area north of Oak Street and the mouth of Buena Vista Lagoon in Carlsbad. The State Lands Commission holds title to sovereign public trust lands which were acquired by California at statehood." These sovereign lands include the three-mile-wide strip of tide and submerged land adjacent to the coast and lying waterward of the ordinary high water mark (Civil Code § 830). As to the area referred to in your letter, the exact location of this line has not been determined or fixed by agreement or adjudication. All of the public trust lands at this location (lands waterward of the ordinary high water mark) are subject to recreational use by the public; however, 'as is true with the vast majority of public trust lands in the State, in the absence^oj!,. .apy^ag^eement with au local or state agency, no lifeguard 'a«rvic«*-ar»- provided. ' The State Lands Commission is not funded or staffed to provide lifeguard services for any of the appointed 1,100 miles of state coastline. The State Lands Commission would be willing to help coordinate some type of contract or agreement between the Department of Parks and Recreation and/or the City of Carlsbad to insure the protection of the public's health and safety. 78 o Shirley Dahlquist -2- November 29, 1983 Recently enacted urgency legislation gives State Parks the ability to enforce their rules and regulations on adjoining tidelands. Given this/ Parks may be able to respond more readily to your request. Enclosed is a copy of Chapter 897 of the Statutes of 1983. Should you desire further information, please contact Georgia Lipphardt at (916) 322-7803. Sin CLAIRE T. DEDRICK Executive Officer cc: Herbert L. Heinze, Regional Director Department of Parks and Recreation Southern Region Headquarters 2505 Congress Street San Diego, CA 92110 Honorable Robert C. Frazee Assemblyman, 74th District Attn: Richard Ledford 3088 Pio Pico, Suite 200 Carlsbad, CA 92008 o r -1200 ELM AVENUE ;ARLSBAD,CA 92008,989 Otf/ce o/ fft* Mayor Citp of Carlsbab July 29, 1985 Mr. William Briner, Director State Department of Parks and Recreation P.O. Box 2390 Sacramento, CA 95814- Dear Mr. Briner: I am writing to you on behalf of the citizens of the City of Carlsbad to solicit your support in solving a very serious problem. The problem is that the State does not provide lifeguard services to a one mile stretch of beach between the area north of Oak Avenue and the mouth of the Buena Vista Lagoon in Carlsbad. In years past this was not much of a problem because of the rocky nature of the beach, but due to a large volume of shifting sands this has become the most attractive beach area along our coastline. This is not the first time this issue has been raised with the State Department of Parks and Recreation. I have enclosed copies of previous correspondence to facilitate your prompt and personal attention to this matter. In your department's correspondence you cite the State Public Resources Code, Sections 5003 and 5007 and conclude "My Department has no legal authority to expend funds for the care, maintenance or control of any lands which are not part of the State Park System." You go on to state, "We may enter into contracts with cities, ... for the care, maintenance and control of lands not under our jurisdiction." What you are suggesting is that if the City would pay, your department would provide the lifeguards. I appreciate your position, but this City and many other coastline cities are not in a position to pay but we do provide police, paramedic and other local services to these beaches, and State beaches. This is not Just a Carlsbad problem so I would challenge you and your staff to work with the City of Carlsbad to explore alternatives aimed at solving the problem. A few Ideas which I have thought of are listed below. I would appreciate your review and suggestions on how these could work. 80 o. o A. Homeowners in the affected area could grant the State an easement to include the beachfront area in the State beach system during the swimming season. How would your department react? B. If the City authorized lifeguard stands on our beach accesses in this area, would the State take advantage of the opportunity? As I mentioned previously, this is the nicest beach in Carlsbad and is the center of beach activity. C. Is there any authority that rests with the State to form a lifeguard assessment district? D. If the Community were to raise funds to pay for lifeguards, how much would the State charge to cover the specified area? I am sure that if you look at this with the intention of solving the problem, there is a means to do so. I have listed my ideas t/ but I know there must be others I have not recognized. This is no doubt a liability problem statewide that we would all like to solve. It makes no sense to me for our residents to be placed in an unguarded, potentially unsafe recreation environment simply becuase of rules or laws which may need amending. I solicit your help and offer mine if I can be of any assistance in identifying a solution to this problem. -v.^ MARY CASL&R Mayor MC:ds ccj City Council Parks and Recreation Commission Paul Albertson, M.D. Senator Bill Craven Assemblyman Robert Frazee Aseemblyman Bill Bradley Enclosures 8 o o STATE Or CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor DETRIMENT OF PARKS AND RECREATION Southern Region Headquarters 1333 Camino Del Rio South, Suite 200 San Diego.-. California 92108 (619) 237-7961 August 16, 1985 Honorable Mary Casler, Mayor City of Carlsbad 1200 film Avenue Carlsbad, California 92008 f Dear Mayor Casler: I am responding to your letter of July 29, 1985 to Director Briner. You requested .that we review and comment on four suggestions you made regarding the providing of lifeguard services on a mile long stretch of beach in the City of Carlsbad which is hot part of the State Park System. Item A - Our Department would not be willing to accept a temporary easement during the swimming season on these private and publicly owned lands. An easement is not necessary for the State to provide the services requested if a contract is executed by the owner(s) of the properties involved. In the past, the City of Carlsbad contracted with our Department for lifeguard services on properties the City leased from San Diego Gas and Electric. The last such contract terminated in mid-summer 1981, when the City chose not to renew their lease on the property. Since that time, San Diego Gas and Electric has been contracting direct with us for the service. Item B - As stated in our October 13, 1983 response to the City on this subject, our Department may enter into contracts with cities to provide services on lands not under Parks juris- diction. Funds to pay for these services would have to be provided by the contractee. However, because of recent court cases in California (Gonzales vs. City of San Diego (1982) and Taylor vs. City of Newport Beach (1984), contrac- ting agencies have taken a hard look at the liability factor when contracting out lifeguard services. The courts involved in the above cases have ruled that agencies o oHonorable Mary Casler, M^/ Page 2 August 16, 1985 are liable not only for negligence, but for any natural condition that may be hazardous to the public such as an uneven sand bottom. In the Newport Beach case alone, Taylor was awarded a verdict in excess of 7 million dollars. Because of this action, the Cities of Newport Beach, Huntington Beach, and San Clemente did not renew their contracts with the County of Orange when they expired in 1985. Our Department at this time is unwilling to extend ^- our liability exposure by providing service to any but our own beaches. Item C - The State Department of Parks and Recreation has no authority to form a lifeguard assessment district. The City does have this authority and could form an assessment district in order to provide the needed service to their constituents. Item D - The Department would charge a contractee for the actual cost of the services rendered (staff, equipment and operating expenses) + 15% contract administration costs. Our staff's estimate for providing contracted lifeguard service on this beach would be $127,000 for the initial year start up costs including equipment, salaries and communication system, and $75,000 for subsequent years at current operating cost rates. We can provide you with a breakdown of these costs if you desire. San Diego Coast District Superintendent William Fait has previously met with Carlsbad City Parks Director David Bradstreet on this particular subject. We are agreeable to meeting with you and your staff again, to further discuss this matter. Please contact me at the above address if I can be of assistance, or District Superintendent Fait at the San Diego Coast District office, 2680 Carlsbad Boule- vard, Carlsbad, California 92008, telephone (619) 729-8947 to arrange a meeting. Sincerely, ^tJvRonald C. McCullough, Regional Director Southern Region cc: San Diego Coast District Director's Office 83 November 13, 1991 TO: CITY MANAGER FROM: Recreation Superintendent USE OF SURF BOARDS ON PUBLIC BEACHES On October 29, 1991 a memo was sent to you from the Parks and Recreation Director regarding the use of surfboards on public beaches (attachment). Attached to this memo was a report written by me which investigated the ordinance of boardsurfing in unauthorized areas of public beaches as well as the inability to enforce this ordinance adequately. In review of this report there was an error identified in Option 2. I stated that the estimated fiscal impact would be in excess of $160,000 per season, however it should be corrected to read "the estimated fiscal impact would be in excess of $160,000 to start up program and approximately $82,000 per season to continue." I regret in making this mistake and wanted to make sure the correct information was passed on to you as soon as possible. Therefore, please disregard the previous memo of October 29th and replace with the attached memo which reflects the correct information. 5N PRICE KP:bs Attachment c: Assisjtant City Manager ^Parks^ndTRecreation^Dfrectdr Police Chief State Parks and Recreation Department - Bill Faite 84 October 29, 1991 TO: CITY MANAGER FROM: Parks and Recreation Director USE OF SURFBOARDS ON PUBLIC BEACHES Staff has completed their analysis of the use of surfboards on public beaches. I concur with the recommendation of continuing the existing enforcement procedures, increasing the bike patrol and implementation of a surfer education program. If you have any questions, please call. OAVIO BRADSTREET c: Recreation Superintendent Police Chief State Parks & Recreation Department Attachments dm October 11, 1991 TO: PARKS AND RECREATION DIRECTOR FROM: Recreation Superintendent USE OF SURFBOARDS ON PUBLIC BEACHES BACKGROUND In August of 1991, a letter was written by Warren Kraft to the City Manager regarding an ordinance which prohibits board surfing along the beaches of the City. Mr. Kraft was frustrated with individuals who are board surfing in unauthorized areas as well as the inability by the Police Department to enforce the ordinance adequately. Staff has been directed to investigate and review this ordinance as to its effectiveness. OPTIONS In review of all the facts, it is apparent that there are at least three (3) options available to the City, however, there are concerns and fiscal restraints attached to each of them. Options identified for review include: 1. The City hire trained part-time seasonal staff with citation powers to monitor the surfboarding at beach. This type of staff person would be similar to our Patrol Specialist that we currently have at Agua Hedionda Lagoon. The fiscal impact would be approximately $15,000 per season. 2. Contract Services with the State Parks and Recreation Department. This would guarantee an elimination of boardsurfmg in unauthorized areas. The estimated fiscal impact would be in excess of $160,000 to start up program and approximately $82,000 per season to continue. 3. Continue existing enforcement, increase bike patrol monitoring and implementation of a surfer education program. 4. Rescinding Ordinance 11.32.090 because it may not be enforceable by Police Department. RECOMMENDATION Taking into consideration the City's financial situation, it is staffs recommendation to consider Option #3 at this time. It is staffs opinion that if the City aggressively attempts to educate the surfers by distributing flyers (Attachment) to the local surf shops, we will then minimize the unauthorized surfboarding. We also need to monitor and issue citations to those abusing this ordinance in order to give it credibility. 86 rvUTDTT DISCUSSION Staff has had an opportunity to review Carlsbad Municipal Code Section 11.32.090 which restricts surfboarding on City beaches from May 15 to October 1 between the hours of 1 1 :00 a.m. and 5:00 p.m. Based on my observations at the beach and discussions with the Police Department, Risk Manager, State Parks and Recreation Department and staff, it is obvious the ordinance is beneficial to the City. During the Summer months in 1990, the Police Department issued only three citations and in 1991 they issued 24 citations with an average of approximately four complaints per week. In review of this ordinance, there are several shortcomings which are causing frustration to the public, State Parks and Recreation lifeguards, and also to the Police Department. In discussing this dilemma with the Police Department, they feel it is a viable ordinance, however, there are limitations as to its enforcement. Several factors must be taken into consideration regarding surfboarding in unauthorized areas. They are: 1). The difficultly to monitor and control due to lack of police resources; 2). Inability of police officers to enter water. The board surfers will often stay in water until officers are gone; 3). When responding to citizen complaints this type of request will often not have a high priority as other situations that are occurring within the City. By the time Police do respond, the person complaining is really upset. The State Parks and Recreation Lifeguards also have concerns regarding this ordinance. They indicated that this beach area is extremely popular and it is abused by the surfers primarily because there is no one there on a continuous basis to monitor the violators. The other aspect that they are concerned with is of the publics perception of the lifeguards responsibility of taking action regarding this particular area of the beach when it is out of their jurisdiction. CONCLUSION It is extremely important that the City maintain this ordinance as part of the Municipal Code. In order to minimize liability to the City and to continue to provide the safest beaches possible to the public, it is essential that we continue to enforce this ordinance. If there are any questions or additional information that I can provide, please feel free to contact me. KEN PRICE KP:rc Attachment 87 CrtvofCarlsbad PWllte SURFERS ... BE AWARE! CARLSBAD MUNICIPAL CODE 11.32.09O STATES: "It is unlawful for any person to ride, use or otherwise employ a surf- board or similar device In the surf along the beaches of the city be- tween 11:00 A.M. and 5:00 P.M. between May 15 and October 1." Due to the increase In complaints and the number of reported injuries caused by surfers, the Carlsbad Police Department will be taking ac- tive enforcement measures to support the above Municipal Code. Sanctions will include citation and/or confiscation of surfboard. Help us keep our beaches safe for everyone. Surf only in designated surf areas at designated times. The areas designated for surfing dur- ing daytime hours on the state beach (approximately Tower 9 and south) are clearly marked by flags. Surfing on the city beach (north of Tower 9 to north city limits) is allowed only before 11:00 A.M. and after 5:00 P.M., 7 days a week. This notice is produced by the Carlsbad Police Department in an effort to inform all those who may be affected, to ensure compli- ance with the law and to minimize the need for drastic enforce- ment measures. 88 2560 Orion Way - Carlsbad, California 92OO8 - (619) 931-21OO From tho OHIce of - 9 To V, LJ Note and Return D Please Handle for Me LJ Give Recommendation LJ Investigate and Report LJ Please See Me LJ For Your Approval For Your Information Respond Directly/Send Copy LJ Prepare Reply for City Manager's Signature LJ Prepare Reply thru City Manager for Submission to Council LJ Complete By LA MM Mm CO., l\f. 541 SOUTH HARBOR BOULEVARD LA HABRA, CALIFORNIA 90631 (213) 697-4216 • (714) 526-2341 August 28, L99I Mr. Ray Patchect, City Manager City of Carlsbad 1200 Car Isbad Village Drive Carlsbad, CA 92008 Dear Mr. Patchett My family has just completed its umpteenth summer vacation on the shoreline of your beautiful city. This year, despite cold ocean temperatures and some overcast skies, we found ourselves more delighted than ever with the many positive features of Carlsbad. However, please allow me to describe one low point. Although you have a law prohibiting board surfing in "family" areas, we find no one pays attention to it, including both the law breakers and the law enforcers. Then:a is no worse law than one not enforced! After several near misses by boards, we made two calls to your police department. We were treated courteously, but subsequently ignored. The problem, particularly near Chistiansen Way, gets bigger each year and both frustrates, and scares us. I urge you to either scrap the law or enforce it with determination. Thank you very much for hearing me out. Sin e r e 1 y <} A .'A*— /•: * . . TV f».fBarren Kraf - ——yt ' / 90 Citv of Carlsbad Parks & Recreation Department September 13, 1991 Warren Kraft 541 South Harbor Blvd. La Habra, CA 90631 BOARD SURFING Dear Warren:/ I am writing in response to your letter that you sent to our City Manager regarding the law prohibiting board surfing in family areas at the beach. In reviewing the letter, I can see why you and your family are frustrated, with this law and its enforcement. As we discussed on the phone, I wilt need to become more familiar with this ordinance -and research it in more detail. My plan of action is to review the ordinance, discuss it ^vith our Police Department, as well as the State Parks and Recreation Department. I will then make recommendations to the Director of Parks and Recreation and to the City Manager as to the ordinance's usefulness. We appreciate you taking the time to bring this issue to our attention. The City of Carlsbad continues to excel when we receive positive input from individuals like you. Thanks again. I will be in contact with you soon. KEN PRICE Recreation Superintendent c: City Manager Assistant City Manager Parks and Recreation Director jdm Ken:Letters:Kraft.srf 9