HomeMy WebLinkAbout1997-01-20; Parks & Recreation Commission; 197-3; Beach Lifeguard RequestPARKS & RECREATION COMMISSION - AGENDA BILL
AB# 197-3
>"TG 1-20-97
£PT CSD
TITLE: BEACH LIFEGUARD REQUEST (ACTION)
RECOMMENDED ACTION: If the Commission recommends the establishment of Lifeguard
Service, direct staff to submit the request to the City Manager's office for consideration during
the 1997-98 budget review process.
ITEM EXPLANATION
The City has received a citizen request to establish a City sponsored lifeguard service on the
area of beach from Oak Ave. extending north to the Buena Vista Lagoon.
This issue has been the subject of considerable discussion by City and State staff, Parks &
Recreation Commission, City Council and State legislators. The most recent action regarding
this request occurred by the Parks & Recreation Commission on March 16, 1992. At that time,
the Commission recommended by a 5-2 vote that plans be made immediately to fund a jet ski
patrol in conjunction with a vehicular lifeguard patrol and that in the future, funds permitting, the
City expand the lifeguard service program on this area of beach.
Staff presented the Commission's recommendation for City Council consideration on May 19,
1992. By a vote of 3-1 the Council denied the Commission's recommendation to establish a
Beach Lifeguard Program for the following reasons:
1. Because the City does not own any public beach in this area.
2. The Council did not consider it prudent to assume sole responsibility for the liability
exposure associated with such a service.
Council further directed staff to pursue alternative action in the following manner.
• Address the need for Lifeguards from a regional perspective and seek assistance from
local legislative representatives to provide for State lifeguard services.
• Consider provisions for co-sponsored lifeguard services during the 1993-94 fiscal year
budget preparation process if a shared liability to risk exposure would be assumed by
another co-sponsoring agency.
Since Council action in 1992, staff has considered the establishment of lifeguard services during
the annual budget review process. However, due to budget constraints, lifeguard services have
not been recommended. Staff has also pursued the issue from a regional perspective as well,
but to date have been unsuccessful in those attempts.
jn anticipation of this request returning for consideration, staff has prepared the attached report
xhibit 1). The report contains information which may be useful for the Commission's review,
in-eluding clarification of beach ownership issues, current provisions for lifeguard services,
history of efforts to provide lifeguard services, latest state proposal to provide contract services
and general discussion.
AB# 197-3
Page 2
In addition, also attached for Commission review are previous Agenda Bills and minutes (Exhibit
2) relative to past Commission and Council action.
FISCAL IMPACT
The latest State contract proposal for absolute minimum services levels recommended by the
State estimates a maximum cost of $55,332 per year. However, this contract proposal for State
Lifeguard services was prepared for the 1996-97 season, and maybe subject to increase for the
1997-98 season and subsequent years thereafter. Although the proposal attached to Exhibit 1
does not address issues related to liability exposure and who would assume those
responsibilities, the City attorney has not recommended City involvement unless the State was
required to assume all risks and indemnify the City for any liability that arises as a result of this
contract service.
EXHIBITS
1. Staff Report - December 1, 1996
"Beach Lifeguard Service Study"
" City Council Agenda Bill # 11,694
"Beach Lifeguard Request" including PRC Agenda Bill # 392-7 "Request to Establish
Lifeguard Services"
3. Minutes of City Council Agenda Bill # 11,694
Minutes of PRC Agenda Bill # 392-7
4. Letters to Director of State Parks and Recreation, Assemblymember Frazee & Senator
Craven
11
December 11, 1996
TO: ASSISTANT CITY MANAGER
VIA: COMMUNITY SERVICES DIRECTOR
FROM: SENIOR MANAGEMENT ANALYST
BEACH LIFEGUARD SERVICE STUDY
Since the close of the 1996 summer beach season, there has been a renewed interest and
citizen requests for the City to provide lifeguard service along the northern most portion of
Carlsbad's coastline. Although this issue has previously resulted in substantial discussion
and review by state and city staff, legislators, commissions and council, this recent interest
and additional information may warrant renewed discussion and consideration prior to the
start of the 1997 lifeguard season.
The following background information is offered for review.
I. BEACH OWNERSHIP ALONG THE CARLSBAD COASTLINE
With the exception of an approximate one mile stretch of beach from Oak Street north to
the Buena Vista Lagoon and an approximate Vz mile section of beach along the Terra
Mar neighborhood (south of SDG & E), the remainder of beach property is owned and
operated under the jurisdiction of the State of California Parks and Recreation
Department. Those areas not under State Parks and Recreation control are owned by
private property owners east of the mean high tide and fall under the jurisdiction of the
State Lands Commission to the west of the mean high tide.
Along the northernmost section of coastline (Oak Street to Buena Vista Lagoon) there
are seven (7) public accessways to the beach. Two (2) are under private ownership and
five (5) are owned and maintained by the City of Carlsbad. Several of these stairways
are as a result of Coastal Development permits.
II. CURRENT LIFEGUARD SERVICES ALONG THE CARLSBAD COASTLINE
Property under the ownership of the State Department of Parks and Recreation is
guarded by State Lifeguards. Lifeguard service is provided by stationary or relocatable
towers and/or by roving vehicular patrol. Levels of service provided are at the discretion
of the Department and are based upon a number of factors such as:
• Time of year (seasonal)
• Weather
• Sand availability
• Surf conditions
• Accessibility
12 EXHIBIT 1
WORD/KM&L/ACM LIFEGUARD ISSUES
The remaining approximate 1!4 miles of beach front property along the Carlsbad
coastline is unguarded. However, State Lifeguards will respond to emergency situations
at these locations if they become aware that an impending situation exists and if
lifeguards are available.
At each of the public accessways owned by the City, it is posted that there are no
lifeguard services at these locations.
III. HISTORY OF EFFORTS TO PROVIDE CITY SPONSORED LIFEGUARD SERVICE
In the late 1970's and early 1980's the City of Carlsbad leased the beach front property
from SDG & E between the two jetties in front of the power plant. The City contracted
beach maintenance and lifeguard services with the State Parks and Recreation
Department until the fall of 1981. Subsequent to those years, the State had acquired
this subject beach area and to date, assumes lifeguard and maintenance
responsibilities.
Since 1983 the topic of providing lifeguard service to the section of beach in Carlsbad
from Oak Street north to the Buena Vista Lagoon has been an issue addressed at length
by City staff, Parks and Recreation Commission, State officials and City Council.
The most recent action regarding this issue occurred on May 19, 1992 when the
Carlsbad City Council considered a citizen request for the City to provide lifeguard
service at this subject area. After considerable discussion and public input, the council
did not recommend that the City establish lifeguard service for the following reasons:
1. Because the City does not own any public beach in this area.
2. The council did not consider it prudent to assume sole responsibility for the liability
exposure associated with such a service.
Council did however direct staff to pursue alternative action in the following manner:
• Address the need for lifeguards from a regional perspective and seek assistance
from local legislative representatives to provide for State lifeguard services.
• Consider provisions for co-sponsored lifeguard services during the 1993-94 fiscal
year budget preparation process if a shared liability to risk exposure would be
assumed by another co-sponsoring agency.
To resolve what has been perceived by the City to be a regional issue, City
representatives have requested assistance from State officials and State agencies
including the State Parks and Recreation Commission, State Lands Commission, and
the State Department of Parks and Recreation. To date, requests of the State to fund
additional lifeguard service, relocate existing lifeguard towers to this section of beach
which has become more popular than other currently guarded sections due to a shift in
WORD/KM&L/ACM LIFEGUARD ISSUES 13
sand deposit, and a request to incorporate this area within the State Parks ownership
have not been productive or successful.
Since 1993, the issue of funding lifeguard services has been considered during the
budget review process. However, to date, the City's economic situation in terms of
revenues versus expenditures, while continuing to fund ongoing operations has not
been contributive to funding new programs without reducing or eliminating existing
programs.
IV. LATEST PROPOSAL TO PROVIDE STATE LIFEGUARD SERVICES
Previous estimates provided by the State several years ago ranged from an initial year
start-up operation of $220,000 and $130,000 annually thereafter.
On April 18, 1996, at the request of the City's Financial Management Director, the State
Department of Parks and Recreation provided cost estimates for lifeguard service
outside the State Parks jurisdiction in the area north of Oak Street extending to the
Buena Vista Lagoon.
The current estimates provided below were based on the review of previous estimates
submitted by the State which have been reduced to meet the absolute minimum level of
services. Although estimates for two (2) service plans were provided, in both plans,
services would be provided only at the agreed upon dates and locations, provide small
portable towers, phone communications, and advisory public contact regarding
municipal ordinances such as dogs, surfing, alcohol, glass containers, etc.. However,
no law enforcement is included in either plan. Even though two plans were submitted
with this proposal, a recent conversation with the chief lifeguard suggested that only
Plan A would be recommended to be implemented.
PLAN A
This plan reflects levels of lifeguard services comparable to those provided within areas
of State Park jurisdiction. It includes coverage at spring break, weekends between
spring break and summer, summer, and weekends after Memorial Day through October.
Typical service would provide three (3) staffed towers during peak use (summer months)
and two (2) staffed towers on weekends during spring and fall.
TOTAL COST $55.332
PLAN B
This plan outlines lifeguard service only at the highest summer beach use period and
does not provide services at spring break, weekends between spring break and
summer, and weekends after Memorial Day through October.
Typical service would provide three (3) staffed towers during peak use (summer months)
only.
TOTAL COST $38.709
- 314WORD/KM&UACM LIFEGUARD ISSUES
The total costs for both plans as presented (refer to attachment) are estimates.
According to the proposal, savings are inevitably made due to poor weather conditions
when staffing levels would be reduced at the discretion of the supervising lifeguard
during periods of inclement weather in the same manner which is consistent with state
owned beaches. The actual cost of services will not exceed the estimate and will likely
be less than the estimate as the city will be billed only for actual services rendered.
Although the attached proposal is quite specific in terms of hours, dates, staffing levels
and costs, etc., issues relating to responsibility for liability to risk exposure are
noticeably absent. Arguably an assumption can be made that a minimum of shared
liability exposure between the City and State can be expected if the City contracts with
the State for services. However, factors surrounding any potential liability situation
could dictate the degree to which each party is responsible, if at all.
DISCUSSION/CONCLUSION
Historically, lifeguard services have not been initiated along this section of beach for a
number of reasons including:
• The City owns no public beach along it's coastline.
• The City is not in the beach lifeguard business.
• Various State agencies have taken the position that a guard service is not their
responsibility.
• Liability issues associated with creating a safety expectation for the beach
environment.
• Funding limitations and priorities.
While staff continues to assert that the issue of providing lifeguard services should be
addressed from a regional perspective, efforts to that end have proven unsuccessful.
Furthermore, staff acknowledges the inherent danger that exists while engaging in
recreational swimming without the benefit of protective services. Accordingly, at each of
the city owned public accessways, there are signs that state "No lifeguard services,
swim at own risk".
Notwithstanding staffs assertion, at the direction of the council staff has solicited and
received a proposal from the State to provide contract lifeguard service at the absolute
minimum level of service that they would recommend. The cost of the two (2) proposals
range from $38,700 to $55,300 depending upon the amount of service provided. It
should be noted that the proposal was based on the 1996 summer season and may be
subject to increase for the 1997 season and subsequent years thereafter.
Although there may be an expected ownership of a shared liability to risk exposure
between the City and State as a result of provisions for co-sponsored lifeguard services,
further clarification would need to be defined through contractual agreements prior to
program implementation. However, once a lifeguard program is established, an
-^ 415
WORD/KM&L/ACM LIFEGUARD ISSUES
expectation is created that a safe environment exists, and the City enters a new arena of
liability exposure heretofore unassumed by the City.
As a result of existing budget constraints, in all likelihood, funding this new program
would result in the elimination of existing programs and/or the reduction in service levels
to other programs. Costs associated with increased liability exposure, if any, are not
predictable.
While our efforts to date have been unsuccessful in persuading our legislators to
provide additional State funding for lifeguard service and/or to incorporate the subject
area into State Parks ownership, staff still feels the City should continue to pursue
regional involvement.
RECOMMENDATION
Since a citizen request has been submitted for this issue to be addressed by the Parks
and Recreation Commission, staffs recommendation is to schedule the issue as an
agenda item during the January Commission meeting. The Commission would be asked
to consider previous action, review current information and submit a recommendation to
the City Council for consideration.
Keith Beverly
Senior Management Analyst
Attachment
c: City Attorney
Risk Management
Financial Management Director
WORD/KM&L/ACM LIFEGUARD ISSUES
STATE OF CALIFORNIA - RESOURCES AGENCY PETE WILSON. Governor
DEPARTMENT OF PARKS AND RECREATION
San Diego Coast District
9609Waples Suite 200
San Diego CA92121
4619) 642-4200
April 18, 1996
James F. Elliot T
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, <SA-92008-1989
Dear Mr. Elliot,
This is in response to your meeting on March 18, 1996 with our Lifeguard Chief regarding lifeguard
services at the State Beaches in Carlsbad. At that time you requested cost estimates for lifeguard services
outside of State Parks in the area north of Oak Avenue extending to the Buena Vista Lagoon. We have
taken past estimates, reviewed them, and have reduced times and the levels of service significantly in
order to meet your request for the absolute minimum level of services we recommend be provided. We
have also cut costs by specifying small portable towers as opposed to the standard portable towers we
normally use.
Two plans are attached. In both plans services would be provided only at the agreed upon dates and
locations. Plan "B" outlines service only at the highest summer beach use period and does not provide
services at Spring break, weekends between Spring break and summer, and weekends in the Fall as we do
at the State Beaches. Plan "A" reflects levels of service comparable to those provided within the State
Park. It includes coverage at Spring break, weekends between Spring break and summer, summer, and
weekends after Memorial Day through October.
As with previous proposals, these are merely estimates. They do not reflect savings inevitably made
due to poor weather when starring would be reduced. We reserve the discretion to cut services during
inclement weather in the same manner we do on our beaches. The actual cost of services will not exceed
the estimate and will likely be less than the estimate as the City will be bffled only for actual services
rendered.
No law enforcement is included in this plan although lifeguard staff would provide advisory public
contact regarding municipal ordinances such as surfing, dogs, fish and game, alcohol, and glass
containers. Enforcement in this area by our Peace Officer Lifeguards is permissive and is dictated by
Department policy and activity within the State Parks. In cases of continued violation, when our officers
are unable to respond, Carlsbad Police Department will be notified for enforcement.
17
James F. Elliot
Page 2
April 12, 1996
Phone communication with the towers and radio communication with our lifeguard vehicles would be
provided by our dispatch center at South Carlsbad State Beach. Establishing direct phone service from
the towers to our dispatch center is necessary for our employees safety. This cost is included in the
estimate.
This is merely a starting point for discussion regarding contracting lifeguard services in Carlsbad outside
of the State Parks. Please feel free to contact me or Denny Stoufer, Lifeguard Supervisor n for further
information or clarification. We are well aware of the public safety issues involved at Carlsbad's beach
parks and it is our hope that we can help you resolve issues on the beach north of Oak Avenue.
\ -.< /Edward Navarro
District Superintendent
San Diego Coast District
t/c. 18
PLAN "A"
SALARIES
LIFEGUARD
TRAINING
JULY '96
POSITION
VEHICLE GUARD
VEHICLE GUARD
TOWER GUARD
TOWER GUARD
TOWER GUARD
RELIEF GUARD
DISPATCH
SUPERVISOR 1
OFFICE ASST
AUGUST '96
POSITION
VEHICLE GUARD
VEHICLE GUARD
TOWER GUARD
TOWER GUARD
TOWER GUARD
RELIEF GUARD
DISPATCH
SUPERVISOR 1
OFFICE ASST
SEPTEMBER '96
POSITION
VEHICLE GUARD
VEHICLE GUARD
TOWER GUARD
TOWER GUARD
TOWER GUARD
RELIEF GUARD
DISPATCH
SUPERVISOR 1
OFFICE ASST
CONTRACT AT CARLSBAD "CITT BEACH
HOURS
1
1
8
8
8
4
1
1
1
HOURS
1
1
8
8
8
4
1
1
1
HOURS
1
1
8
8
8
4
1
1
1
FISCAL YEAR '96-'97
DAYS
31
31
31
31
31
31
31
31
2
DAYS
31
31
31
31
31
31
31
31
2
DAYS
31
31
14
8
14
14
31
31
2
RATE
16.17
13.88
12.84
12.84
12.84
13.88
16.17
26.67
15.79
RATE
16.17
13.88
12.84
12.84
12.84
13.88
16.17
26.67
15.79
RATE
16.17
13.88
12.84
12.84
12.84
13.88
16.17
26.67
15.79
TOTAL
TOTAL
TOTAL
NO CHARGE
EXTENSION
501.27
430.28
3184.32
3184.32
3184.32
1721.12
501.27
826.77
31.58
13565.25
EXTENSION
501.27
430.28
3184.32
3184.32
3184.32
1721.12
501.27
826.77
31.58
13565.25
EXTENSION
501.27
430.28
1438.08
821.76
1438.08
777.28
501.27
826.77
31.58
6766.37
Page 1 19
OCTOBER '96
POSITION
VEHICLE GUARD
VEHICLE GUARD
DISPATCH
SUPERVISOR 1
OFFICE ASST
MARCH '37
POSITION
VEHICLE GUARD
VEHICLE GUARD
TOWER GUARD
TOWER GUARD
DISPATCH
SUPERVISOR 1
OFFICE ASST
APRIL '97
POSITION
VEHICLE GUARD
VEHICLE GUARD
TOWER GUARD
TOWER GUARD
DISPATCH
SUPERVISOR 1
OFFICE ASST
MAY '97
POSITION
VEHICLE GUARD
VEHICLE GUARD
TOWER GUARD
TOWER GUARD
DISPATCH
SUPERVISOR 1
OFFICE ASST
.
HOURS
1
1
1
0.5
0.5
HOURS
1
1
8
8
1
0.5
1
HOURS
1
1
8
8
1
0.5
0.5
HOURS
1
1
8
8
1
0.5
0.5
i
DAYS
8
8
8
8
1
DAYS
9
9
9
9
9
9
1
DAYS
8
8
8
8
8
8
2
DAYS
10
10
10
10
10
10
2
RATE
16.17
13.88
16.17
26.67
15.79
RATE
16.17
13.88
12.84
12.84
16.17
26.67
15.79
RATE
16.17
13.88
12.84
12.84
16.17
26.67
15.79
RATE
16.17
13.88
12.84
12.84
16.17
26.67
15.79
TOTAL
TOTAL
TOTAL
TOTAL
EXTENSION
129.36
111.04
129.36
106.68
7.895
484.335
EXTENSION
145.53
124.92
924.48
924.48
145.53
120.015
15.79
2400.745
EXTENSION
129.36
111.04
821.76
821.76
129.36
106.68
15.79
2135.75
EXTENSION
161.7
138.8
1027.2
1027.2
161.7
133.35
15.79
2665.74
Page 2 20
JUNE '97
POSITION
VEHICLE GUARD
VEHICLE GUARD
TOWER GUARD
TOWER GUARD
TOWER GUARD
RELIEF GUARD
DISPATCH
SUPERVISOR 1
OFFICE ASST
>
HOURS
1
1
8
8
8
4
1
1
1
OPERATING EXPENSES
PORTABLE TOWERS
TOWER EQUIPMENT
PHONE INSTALLATION
PHONE SERVICE
AUTO UTILITY, 4WD
VEHICLE OPERATION
UNIT EQUIPMENT
MOBILE RADIO
PORTABLE RADIO
DAYS
20
20
20
20
20
20
20
20
2
RATE
16.17
13.88
12.84
12.84
12.84
13.88
16.17
26.67
15.79
TOTAL
TOTAL SALARIES F.Y. '96-'97
FIRST YEAR SECOND YEAR
SUMMARY
3600
300
750
336
N/C
N/C
N/C
N/C
N/C
4986
TOTAL SALARIES F.Y. '96-'97
N/C
N/C
N/C
336
N/C
N/C
N/C
N/C
N/C
366
TOTAL OPERATING EXPENSES F.Y. '96-'97
TOTAL PLAN "A"
EXTENSION
323.4
277.6
2054.4
2054.4
2054.4
1110.4
323.4
533.4
31.58
8762.98
50346.42
50346.42
4986
55332.42
Second year would have comparable salaries but with second year operating expenses.
21
Page 3
CONTRACT AT CARLSBAD "CITY" BEACH
FISCAL YEAR '96-'97
SALARIES
LIFEGUARD
TRAINING NO CHARGE
POSITION
VEHICLE GUARD EXTENSION
VEHICLE GUARD
u TOWER GUARD
TOWER GUARD
RELIEF GUARD
OFFICE ASST
AUGUST '96
POSITION
VEHICLE GUARD
VJHICLE^UARD
TOWER~GUARD
EXTENSION
/ER GUARD
RELIEF GUARD
SEPTEMBER '96
EXTENSIONVEHICLE GUARD
VEHICLE GUARD
TOWER GUARD
TOWER GUARD
TOWER GUARD
RELIEF GUARD
Page 4 22
JUNE '97
POSITION
VEHICLE GUARD
VEHICLE GUARD
TOWER GUARD
TOWER GUARD
TOWER GUARD
RELIEF GUARD
DISPATCH
SUPERVISOR 1
OFFICE ASST
HOURS
1
1
8
8
8
4
1
1
1 J
OPERATING EXPENSES
PORTABLE TOWERS
TOWER EQUIPMENT
PHONE INSTALLATION
PHONE SERVICE]
AUTO UTILITY, 4WD
VEHICLE OPERATION
UNIT EQUIPMENT
MOBILE RADIO
PORTABLE RADIO
DAYS
20
20
20
6
20
20
20
20
2
RATE
16.17
13.88
12.84
12.84
12.84
13.88
16.17
26.67
15.79 j
TOTAL
FIRST YEAR SECOND YEAR
SUMMARY
.
3600
300
750
336
N/C
N/C
N/C
N/C
N/C
4986
TOTAL SALARIES F.Y. '96-'97
N/C
N/C
N/C
336
N/C
N/C
N/C
N/C
N/C
366
TOTAL OPERATING EXPENSES F.Y. '96-'97
TOTAL PLAN "B"
EXTENSION
323.4
277.6
2054.4
616.32
2054.4
1110.4
323.4
533.4
31.58
7324.9
33723.01
4986
38709.01
Second year would have comparable salaries but with second year operating expenses.
23
Page 5
CI' ' OF CARLSBAD — AGEt "A BILL
AB*
MTG. 5-/H-
DEPT.
TITLE:
BEACH LIFEGUARD REQUEST (Wu ^Y
I
o
o
RECOMMENDED ACTION:
To consider a recommendation by the Parks and Recreation Commission to
immediately establish a seasonal jet ski and vehicular beach patrol, and that funds
permitting, future plans be made to provide a lifeguard program on the beach area
from Oak Street north to the mouth of the Buena Vista Lagoon.
ITEM EXPLANATION:
Since 1983 the topic of providing lifeguard service to the section of beach in Carlsbad
from Oak Street north to the Buena Vista Lagoon has been an issue addressed at
length by City staff. The subject beach area (Exhibit 1) is approximately one (1) mile
in length. East of the mean high tide mark, the land is owned by private property
owners, west of the mean high tide is owned and under the jurisdiction of the State
Lands Commission. The City owns and assumes maintenance responsibilities for five
(5) coastal accessways which provide for public access. To resolve what is perceived
to be a regional issue, City representatives have requested assistance from State
officials and State agencies including the State Parks and Recreation Commission,
State Lands Commission, and the State Department of Parks and Recreation. To
date, requests to fund additional lifeguard service and/or efforts to convince the State
to relocate existing guard towers to this section of beach which has become more
popular than other currently guarded sections, due to a shift in sand deposits, have
not been productive.
In 1989 a Carlsbad resident Mr. Pete Biltchik, approached City staff with a request to
establish lifeguard service on the aforementioned section of beach in Carlsbad. After
further analysis, staff reported (Exhibit 2) on the issue and concluded that lifeguard
service has not been initiated along this section of beach for a number of reasons,
including:
• The City owns no public beach along its coastline
• The City is not in the beach lifeguard business
• Various State agencies have taken the position that a guard
service is not their responsibility.
• Creating a safety expectation for the beach environment.
• Funding limitations and priorities.
In correspondence to Mr. Biltchik, City staff suggested that this request should be
brought before the Parks and Recreation Commission. Mr. Biltchik did request the
issue be addressed during the November 1991 Commission meeting. The agenda
item presented to the Commission outlined the history of this issue and attachedoo
24 EXHIBIT 2
PAGE 2, AB
relevant correspondence and reports regarding the establishment of lifeguard service.
In addition, the agenda item was accompanied by a staff recommendation to deny
the request for the City to establish a lifeguard service for the same reasons as
mentioned in previous reports. After considerable discussion, the Parks and
Recreation Commission directed the item back to staff for further analysis and to
return with the following information:
• A cost for the City to provide lifeguard service
• Alternatives in lieu of lifeguard services
• Funding sources for this request
• A survey of what other coastal cities in San Diego County provide
with respect to beach lifeguarding
Staff returned to the Commission in March 1992 with a report outlining the requested
information (Exhibit 3). In essence, staff's report identified two (2) underlying reasons
for the request to establish lifeguard service, they are:
1. Enforcement of ordinances relating to beach use (i.e. alcohol,
dogs, surfing)
2. Swimming and other recreational water use safety issues
The attached report to the Parks and Recreation Commission (Exhibit 3) offers a more
detailed breakdown of the requested information. However, alternative lifeguard
programs which provide varying levels of service indicate an initial year start up cost
ranging from approx. $220,497 to $52,560 (includes admin, costs). Secondary year
operation costs range from approx. $130,497 to $28,800 (includes admin, costs). The
report also offers information relating to funding opportunities and provides survey
information of lifeguard programs within other coastal San Diego County cities.
Parks and Recreation Commission Action: After the staff presentation with a
recommendation to deny the request, considerable discussion and public input
ensued. The Commission, by a 5-2 vote, 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 initial year start up cost of this particular program including admin,
cost is approx. $67,000, subsequent year(s) operation cost is approx. $40,000.
Although the Commission reviewed several funding sources and were apprised of the
status, availability, opportunities, and constraints associated with each, the
Commission made no recommendation on funding. Rather, the Commission
requested a funding source be identified at the discretion of the City Council.
Alternatives for Council Consideration: In light of the Parks and Recreation
Commission's recommendation, and if Council considers this a direction they wish to
pursue, a number of alternatives remain as options.
PAGE 3, AB #
1. Legislative Assistance - In a letter dated November 29,1983 (Exhibit 2), Claire
T. Dedrick, Executive Officer with the State Lands Commission, stated that all
of the public trust lands at this location (from the mean high tide west) are
subject to recreational use by the public. However, no lifeguard services are
provided to this area (or any of California's 1,100 miles of coastline) by the
State Lands Commission because the agency is not staffed or funded to
provide it. Todays urbanized setting has generated a greater draw to this
regional resource and that in turn has created greater impacts from increased
regional use of the area. To address this issue from a regional perspective the
Council may wish to formally request legislative assistance to incorporate this
area within the State Parks and Recreation system and thereby extend the
Department's ability to enforce their rules and regulations to the adjoining
tidelands of the subject property.
2. Maintain Status Quo - Currently the subject beach area receives a number of
citizen complaints during the seasonal months. Most often, those complaints
are related to ordinance violations and are typically responded to by the
Carlsbad Police Department. Occasionally the department does provide very
limited use of a foot patrol and would apply only during peak use periods on
weekends and holidays. Only issues related to ordinance violations are
addressed. Currently the State lifeguards will respond to emergency life
threatening situations. However, response is based on a priority situation, with
the State Park property receiving first priority for emergency rescues.
3. Consider City Funding for a Lifeguard Service Program
A. Contract Proposal
Upon request, the State Department of Parks and Recreation has
submitted cost estimates to provide lifeguard service through contract
($220,497 1 st year - $130,497 2nd year). However, they have indicated
that it would be too late to establish this service for the 1992-93 season.
If the State would be willing to commit to provide the service for the '93-
94 season, staff would submit a funding request during the Budget
Review process.
B. Lifeguard Service By City Forces
Although the Parks and Recreation Commission recommended that
plans be made immediately to fund a jet ski patrol [in conjunction with
a vehicular patrol], the ultimate goal was to establish a lifeguard service
similar to the proposal outlined by the State. Realizing the current
economic situation and the ability to fund such a program, the
Commission opted to provide a less costly guard service now, and
expand in future years when the economic situation improves. While
staff believes the jet ski program used in conjunction with a vehicular
patrol would be effective and provide immediate relief of beach related
ordinance violations and water safety issues, it obviously would not
provide the level of serviqe as^ outjjrijd in the States proposal.
PAGE 4, AB #
If Council wishes to pursue a lifeguard program utilizing City resources,
a service level expectation should first be defined and the possible
consequences of that service level in terms of liability exposure should
be considered. Upon review by the City Attorney's office, there is
currently no legal liability exposure to the City for accidents occuring at
this stretch of beach. However, if the City were to establish a lifeguard
program, even a limited one, the City's immunity to liability would then
cease. A single liability case could far exceed the costs of providing this
service for many years.
Although several alternative lifeguarding programs have previously been outlined in
a report to the Parks and Recreation Commission, the service levels and liability
issues associated with each should be further analyzed. If Council desires to provide
lifeguard service through the use of City resources, staff recommends that the issue
return to Council once further analysis considers the following:
• Service level expectations
• Liability exposure associated with service level expectations
• Detailed costs associated with a program to meet service level
expectations (to include lifeguarding and beach maintenance
responsibilities).
FISCAL IMPACT:
Depending upon which alternative the Council chooses, the fiscal impact would vary.
If Council recommends to establish a lifeguard program and initiate the expenditure
of funds to provide for that service, the amount of funds would be contingent upon
the service level expectation. However, the Financial Management Director has
reiterated that any expenditure of funds for lifeguard services will require an equal
reduction in spending on other general fund services/programs, if the City is to
maintain a balanced budget.
Efforts to pursue legislative assistance could produce a lifeguard service provided by
the State of California Parks and Recreation Department at no cost to the City if the
State would extend the State Parks responsibility and jurisdiction to include the
subject State Lands Commission property.
The fiscal impact to maintain the status quo would remain at a minimum expenditure
of City funds. Contingent upon Council decision staff would return with further
detailed cost estimates if necessary.
EXHIBITS:
1. Site Location Map
2. Memo to Assistant to the City Manager -- July 3, 1989
3. Parks and Recreation Commission Agenda Bill No. 392-7 -- March 1992
BEACH. LIFEGUARD ISSU
BUENA VISTA LAGOON
ATE LAND COMMISSION A
PRIVATE PROPERTY
MAGNOLIA
STATE PARKS &
RECREATION PROPERTY
yA
VV
EXHIBIT I
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 Recreation 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 tht 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 1s 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 and 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, Huntlngton Beach, and San Clemente did
not renew their contracts for lifeguard service because of an injury award that
Newport Beach was required to pay.
• EXHIBIT 2
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 Oedrick, Executive Officer of State Lands Commission,
dated 11/29/83.
5. Letter fro« 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
Vine* Blondoi City Attorney
-- 27
o
City of Carlsbad
Parks & Recreation Department
,r
'I «'
July 7, 1989
Pete Biltchik IJ i f ^
353 Christiansen Way ,</>'•*
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
12OO Carlsbad Village Drive • Carlsbad. California 92OO8-1989 • (619) 434-2824
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September 27, 1983
€tt? 01 Cartebab
P^flKS & RECREATION DEPARTMENT
The Honorable Trusse Morris, Chairman •':'
State Parks and Recreation Commission
13301 So. Van Ness
Gardena, 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 tha- 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 are no lifeguards In th« vicinity and that;
entire are* ii unprot acted. . * '
It is the understanding of this Commission that this 'approximate one mile
stretch of beach is owned by the State Lands Commission from tne 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 Oahlquiat, Thair
Parks and Recreation Commission
SD/ds
c : Congressman Ronald Packard
Senator William Craven
Assemblyman Robert Frazee
Mayor Mary Casler
Carlsbad City Council
Frank Alechire, City Manager
Some letter sent to: State Parks and Recreation Area ManagerState Parka and Recreation DirectorState Lands Commission '
STATE OF CALIFORNIA
RECEIVED DEC 0 5 t983
GEORGE DEUKM6JIAN. Governor _
STATE LANDS COMMISSION
KENNETH CORY, Contrail*
LEO T. MCCARTHY, L.»or»n«/»r Gownor
MICHAEL FRANCHETTI.0iV*CMr0'f/'«M<'C«
EXICUTIVE OFFICE
1M7 • 13thStf««
SMWiwmo. Calif arm* 9M14
CLAIM T. OCOMICK
Cuccutra* Officer
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, a* is true with
the vast Majority of public trust lands in the State, in the
absence^fli any agreement with a. local or state agency, no
1 ife^uareF s«r*iaes> are provide*. 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.
C60PG6aEU<M6ji*N Go
r^PARTMENT OF PARKS AND RECREATION 083.3-403
Southern Region Headquarters
2505 Congress Street
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 1n Carlsbad, California.
You have correctly stated that* the beach below the mean high
tide line 1n this area 1s owned and under tht jurisdiction of
the State Lands Commission. The beach above the mean high tide
line, with tht exception of three City owned 50 foot wide
stairway accesses, 1s 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 txptnd funds for tht cart, maintenance or
control of any lands which art not part of tht Statt Park System.
However, wt may tnttr Into contracts with cities, counties, or
other political subdivisions of tht statt for tht cart, maintenance
and control of lands not under our jurisdiction.
As the land In question 1s not part of tht State Park System one
way wt can provldt tht services you are suggesting 1s to enter
into a contract with your city. The only other way I'm aware of
is by sptclal Itglslation Including an appropriation to cover our
costs.
The fact that no services art being provided on this beach 1s not
a unique situation. Many milts of statt, county, and city owned
beach along Cal1forn1a's .coast art used by tht public for beach
recreation purposes without benefit of lifeguard or other
services.
29
Ms. Shirley Dahlquist, Chairperson
Pag* 2October 13, 1983
Thank you for expressing your concern 1n this matter. I regret
that your request cannot be complied with as you suggested.
Sincerely,
Herbert L. Heinze, Regional Director
Southern Region
HlH:sel
cc: Senator Craven
Assemblyman Frazee
Director's Office
Commissioner Trusse Morris
State Lands Commission
Mayor Mary Casler
San Diego Coast Area
Caltfornta
STATt CAWTOL /•-•• I *^'\ RCVCNUC ft TAXAT-ON
SACRAMCNTO 9S«1 4 C «**-; til j^il GOwf»NwfNT»w O»C*«.IXAT o«.
,91 •) 449-23»O y> " I2r4y?| LOCAL Govt»N»tST
oi»T«ieT orne« V'i^f XV CCONOMIC OCVCLO»UCNT•• »NO New TICN..OI.OO c»
SUITE 2OO _ ~~^~~ JOINT LlOitL*nvt.
CARLSBAD CA «3OO«
I 434-1 74*
ROBERT C. PRAZCC
ASSEMBLYMAN. SKVCNTV-rOUMTM DISTRICT
October 19, 1983
Ms Shirley DahlquisC
Chairperson
Parks and Recreation Commission
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Dear Ms
I appre>6«rate JOUTC sending me a copy of your letter con-
cerning lifitflpardt b£ween the area north of Oak Street
and the mouth of the Buena Vista Lagoon in Carlsbad.
A member of my staff has looked into the situation and found
that there are some problems preventing the State Parks
Department from complying with your wishes. State Public
Resources Code Sections 5003 and 5007 define the powers and
duties of the Department and limits it legal authority to
spend money for care, maintenance or control on lands which
are not part of the state park system. The system is allowed
to enter into contracts with political subdivisions such
as cities and counties in order to care, maintain or control
lands not under the Department's jurisdiction.
The beach in question above the mean high tide is privately
owned with the exception of three, 50-foot-wide stairway
accesses owned by the City of Carlsbad. It is my under-
standing Chat these accesses are not suitable for towers;
land be-low che mean high tide is unsuitable for towers; and
the Department is not empowered to place facilities on
private property.
Thank you for keeping me apprised of your concerns.
Sincerely,
Ro'be^rtTC. Frazee
Assemblyman, 74th District
Attache1-.: 3
RECEIVED 51383
STATE OF CALIFORNIA GEQHG6 DEUKME.HAN, Gonmor _
STATE LANDS COMMISSION
KENNITH CORY, Control!*
LEO T. M«CARTHY
MICHAEL
EXECUTIVE Of PICE
1EO7 • 13thStrMt
SMfWiwrne, California Mt14
CLAIM T. OEOHICK
Executive Officer
November 29, 1983
Shirley Dahlquist, Chairwoman
Parka 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 Land* Commission holds title to sovereign
public trust lands which were acquired by California at
statehood. These sovereign lands include the three-mile-wide
atrip 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 recrMtional use by the public; however, as is true with
the vast majority of public trust lands in the State, in the
absence^of any aqyeement with a. local or state agency, no
life^a»«Flwma«is> «TS> 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.
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 397 of the Statutes of
1983. Should you desire further information, please contact
Georgia Lipphardt at (916) 322-7803.
CLAIRE T. DED'RICK
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
31
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, but I know there must be
others I have not recognized. This is no doubt a liability problem statewlue
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.
>_X-«
MARY CASLgfl
Mayor
MC:ds
cc: City Council
Parks and Recreation Commission
Paul Albertson, M.D.
Senator Bill Craven
Assemblyman Robert Frazee
Aseemblyman Bill Bradley
Enclosures
32
/i
STATt 0> CAU>OtMtA-TMt MSOUKH AOtNCT G6OHGE 06UKMtJIA^
DEPARTMENT OF PARKS AND RECREATION
Southern Region Headquarters
1333 Camino Del Rio South, Suite 200
San Diego. California 92108
(619) 237-7961
August 16, 198S
Honorable Mary easier. Mayor
City of Carlsbad
1200 £ln Avenue
Carlsbad, California 92008
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 not 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 - *» 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
Honorable Mary easier,
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 uneveA 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,
-pitRonald C. McCuilough, Regional Director
Southern Region
cc: San Diego Coast District
Director's Office)
33
PARKS & RL REATION COMMISSION - AGENDA BILL
MTG.
DEPT.
TITLE:
REQUEST TO ESTABLISH
LIFEGUARD SERVICES (ACTION)
RECOMMENDED ACTION:
Staffs recommended action remains the same as identified on the initial Agenda Bill
#1191-9 as previously reviewed by the Commission on November 18, 1992 - "Deny
request to establish beach lifeguard service".
ITEM EXPLANATION:
During the November Parks and Recreation Commission meeting, a request to establish
lifeguard service along the section of beach from Oak Street North to the Buena Vista
Lagoon was presented for consideration.
After review and discussion, the Commission referred the issue back to staff for further
analysis. Specific information was requested regarding the 1) cost to provide lifeguard
service 2) alternatives in lieu of lifeguard services, and 3) alternative methods for
funding this request.
The attached report (Exhibit 1) addresses the Commissions request for further analysis.
In addition the report presents a brief synopsis of present situations occurring in coastal
cities throughout San Diego County, with regards to lifeguard services. Staff will give
a verbal presentation during the March 16, 1992- Commission meeting.
FISCAL IMPACT:
Refer to attached report.
EXHIBITS:
1. Lifeguard Issue Report to Parks and Recreation Commission,
dated 03/06/92
EXHIBIT 3
March 6, 1992
TO: PARKS AND RECREATION COMMISSION
VIA: Parks and Recreation Director
FROM: Senior Management Analyst
LIFEGUARD ISSUE
During November, the Parks and Recreation Commission addressed a request to establish
lifeguard services along the section of beach adjacent to Ocean Street from Oak Avenue
North to the City limits at the mouth of the Buena Vista Lagoon.
Although staffs recommended action was to deny the request to establish lifeguard services
for a number of reasons as outlined in the Agenda Bill (Attachment 1), the Commission
took no action other than to direct the issue back to staff for further analysis. The
Commission specifically requested information to include I) the cost to provide for lifeguard
service, II) alternatives in lieu of lifeguard service and III) alternative methods for funding
of this request. In addition, this report presents a brief synopsis of present situations
occurring in coastal cities throughout San Diego county, with regards to lifeguard services.
As requested, further analysis of this issue is as follows:
I. COST TO PROVIDE LIFEGUARD SERVICE:
Department staff has met with the local district of the State Parks and Recreation
Department to solicit their input regarding the possibility of providing for lifeguard
service to the subject beach area (Attachment 2).
Although at this time the State cannot commit to providing service by a contract
proposal, they have indicated that it may be possible in the future. However, State
officials have indicated it is already too late to implement a contract for the 1992
season. Although the attached report provides more detailed information and "cost
estimates" to establish and continue lifeguard service on a year to year basis, the
summary of costs are:
A. Initial 1st year start up and operation
Salaries $109,692
Operating expense 82.045
Subtotal $191,737
15% Admin. Cost 28.760
GRAND TOTAL 1220.497
34
March 6, 1992
Page Two
B. Second year operating costs
Salaries $108,714
Operating expense 4.762
Subtotal $113,476
15% Admin. Cost 17.021
GRAND TOTAL S130.497
II. ALTERNATIVES IN LIEU OF LIFEGUARD SERVICES
After analysis, there appears to be two principle reasons for the request to establish
lifeguard service.
1. Swimming and other recreational water use safety.
2. Enforcement of ordinances relating to beach use (i.e. alcohol, dogs, surfing).
Although the establishment of lifeguard service would perhaps provide the most effective
control in terms of ongoing surveillance, alternatives do exist and others could be
implemented to reduce or eliminate concerns relating to beach safety and enforcement
issues.
A. In emergency situations, the State of California lifeguards will respond to
water rescues. However, given a priority situation, State lifeguards would
respond to State property first.
Cost: None
B. The current police foot patrol of this beach area provides for sporadic
surveillance and immediate relief of violations occurring on the beach. This
patrol is primarily implemented upon receipt of complaints from property
owners on Ocean Street and is performed on an as needed basis. However,
limited relief from violations occurring in the water exist due to limited access
to; and therefore, control of the water surface.
Cost: Minimal expenditure experienced by Police Department
C. Surveillance of the beach and water surface could be increased through the
availability of more man hours for patrol The patrol itself could increase
effectiveness through the use of a motorized vehicle/(4 x 4 or Quads)
equipped with surfboards which would provide for access to the water.
March 6, 1992
Page Three
Although this scenario addresses only enforcement issues, water safety or
lifeguarding application could be applied if the patrol person has received
adequate safety training and the vehicles were also equipped with medical
supplies and two way radios for contact with police and emergency medical
services. This patrol could consist of part time employees and implemented
during peak use periods (summer months). The issuance of citation powers
would be critical to the effectiveness of this program.
Estimated Cost:
1,080 hours per person/year @ $10/hr. * $10,800
4x4 vehicle $20,000/every 3rd year
Vehicle maintenance and replacement cost $5,000/per year
Two way radio $3,500 each
Medical supplies $2,500
Training $2,000 per year/per employee
Administrative cost @ 20%
Total Cost Initial Start Up Based On 1 Vehicular Patrolling Guard: $43,800 + Admin. Cost
D. The use of a jet ski and patrol person with citation powers to enforce water
surface violations is also a consideration to be used in conjunction with foot
or vehicular patrol. Although use of the jet ski patrol would be sporadic it
could prove effective in the control of surfing ordinance violations and could
aid in rescues during life threatening situations.
Estimated Cost:
• Jet ski $5,000
• Jet ski travel trailer $1,500
• Maintenance and replacement cost $l,500/per year
• 400 hours per person per year @ $10/hr. » $4,000
Total Cost Initial Start Up IB Conjunction with Vehicular Patrollinf Guard: $55,000 +
Admin. Cost
III. ALTERNATIVE METHODS FOR FUNDING OF THIS REQUEST
A. General Fund - The use of general funds during times of a more prosperous
economic situation would perhaps provide a source of most readily available
funding. However, current budgetary constraints due to an unstable economy
has forced the City to cut back and reduce expenditures from this fund in
order to operate within a balance budget The Parks and Recreation
Departments budget this year has been required to reduce spending by
approximately $550,000 for FY 1992-93 coupled with reductions in spending
for FY 1991-92 the Department has reduced expenditures by 20% under the
operating Budget of FY 1990-91.
— 35
March 6, 1992
Page Four
In order to fund lifeguard services from this account, other program/s would
be required to be identified, and its funding eliminated or deferred. Given the
program reductions and eliminations to date, the use of the general fund
would have a serious impact to the existing operation.
B. Transient Occupancy Tax (TOT> - The TOT is an integral part of the general
fund in that the funds collected from local hotels and motels are used as
revenues to operate from the general fund. In essence any request for
funding from this source would be the same as a request for funding from the
above mentioned general fund.
C. Request for Legislative Assistance - This alternative would direct staff to
investigate opportunities and request assistance from area legislators to
provide funds from State or County sources in light of this being a regional
issue in which services are provided not only to Carlsbad residents but to
citizens on a county and state wide basis as well
IV: SURVEY SYNOPSIS
A. Imperial Beach; (Contact Jim Barber)
• The City of Imperial Beach leased their beach property back to the
San Diego port district in 1989.
• Lifeguard service is provided by City Employees year round with full
time coverage during peak use periods and flexible staffing during non
peak use.
• Approximately 1 3/4 miles of beach is patrolled on an as needed basis
with a 3/4 mile primary swimming area patrolled year round.
• One full time staff person year round with additional 20 part time staff
members during peak use periods.
• The Port District subsidizes the cost of beach services including
lifeguard services at 140,000 per year.
B. Coronado; (Contact Mike Neil)
• Only City designated beaches are guarded.
• Guard service is provided by non permanent City employees.
• Full time guard service is provided during summer months with
weekend only service during the winter.
March 6, 1992
Page Five
C City of San Dteyn! (Contact Shawn Cicheto)
• Approximately 50 full time permanent lifeguards provide year round
service from San Diego bay North to Blacks Beach. Additional 150
part time employees provide guard service during summer months.
• Areas guarded are City owned (for the most part) and include the
following: South Mission Beach, Ocean Beach, Mission Bay, Pacific
Beach (towers in South and vehicle in North), La Jolla Children's Pool,
La Jolla Cove, La Jolla Shore, portion of Blacks Beach.
• Permanent tower stations (headquarters) at the above locations
operate year round with portable towers operational from spring break
through October.
• Lifeguards will respond anywhere in emergency situations. Where
access is limited, 911 call boxes have been installed.
D. Citv of Del Man (Contact Grant Lawson)
• Lifeguard service is provided year round with four (4) full time City
employees classified as public safety employees.
• Additional 25 seasonal employees provide increased service level
during the summer months.
• Area of responsibility includes the entire 2.5 mile ocean frontage, some
of which is both privately and publicly owned.
• Department operating Budget for FY 91-92 was $287,000.
E. CJft Of MiM Bttfr8 (Contact Andy OTeary)
• Before recent incorporation the beaches were guarded by the County
of San Diego.
• Upon incorporation the newly formed City absorbed lifeguard services
and formed the Marine Safety Department
• Although there is limited private beach front ownership the majority
of beach frontage is owned by the City.
• The Marine Safety Department is responsible for providing guard
service year round to the entire Solana Beach frontage with five (5) full
time employees year round with a total of 15 during peak use periods.
--- 36
March 6, 1992
Page Six
City of Solana Beach; (continued)
• Fletcher Cove Beach Park provides year round lifeguard station with
four (4) relocatable towers provided during summer months at four (4)
public accessways. The remainder of beach property is patrolled by
vehicle.
• Annual operating budget is $477,000.
F. Citv of Encinitas: (Contact Tom Bruckner)
• Until last year, Encinitas contracted with the City of Solana Beach to
provide guard service at three (3) beach parks (Moonlight, Beacons
and Grandview) and at several public accessways, (Swamis, "D" Street,
Stone Step).
• For reasons primarily related to liability exposure the City of Solana
Beach ceased contractual agreement with Encinitas.
• The City of Encinitas formed a beach services division to assume the
guard duties previously performed by contract.
• Encinitas operates with 3.5 full time personnel year round with
approximately 17 part time guards on duty during periods of peak use.
• The annual operating Budget is approximately $240,000/tyear.
G. Citv of Oceanside; (Contact Mat Stevens)
• City provides lifeguard service from northern limits of Oceanside
harbor to the southern city limits at the Buena Vista Lagoon depending
on tides. On occasion has patrolled the subject beach property in
Carlsbad.
• Peak season guard service provides 12 towers, 1 pier tower and 2
vehicles, with 19 guards per day and 1 roving lifeguard.
• Full time staffing of 3.5 permanent personnel provide limited service
on a year round basis.
• Not all beach front property is publicly owned, however they provide
service to all property through use of towers or vehicular patrol.
lual operating Budget is $449,330.
Attachments:
c: Assistant City Manager
Financial Management Director
STATE OF CALIFORNIA — RESOURCES AGENCY
DEPARTMENT OF PARKS AND RECREATION
La Costa District
2680 Carlsbad Boulevard
Carlsbad, California 92008
(619) 729-8947
January 13, 1992
Keith Beverly Senior Managemenc Analyst
City of Carlsbad, Parks and Recreation
1200 Carlsbad Village Drive
Carlsbad, California 92008
Dear Keith:
This is in response to your letter of December 12, 1991 requesting
availability and cost estimates for State provided lifeguard services in
the area from Oak Avenue to the Buena Vista Lagoon. At this time we
cannot commit to providing this service by a contract proposal, however
preliminary discussions with our Regional Headquarters staff indicate it
may be possible.
We have updated our cost estimates and, as I am sure you will notice,
they are significantly higher than those given to Mr. Bradstreet in
November of 1989. This is due to the fact that salaries, operating
expenses, and associated administrative costs have increased.
As per our earlier discussion these are "cost estimates". Actual
billing would be for services rendered only and would likely be less than
the estimated costs. Also note that three lifeguard towers are included
in our operating expense-cost estimate. We included these to give you a
full picture of what starting this service would cost. Whether you
contract with us for this service or not we stand by our offer to provide
you with two of our surplus towers now (and possibly a third tower later)
at no cost to you beyond transporting them from their present location to
the site of use.
Cost estimates are for two individual years. The initial year, 1992,
reflects salaries, expenses, and start up costs while the second year, 1993,
reflects salaries expenses, and maintenance. Although we feel it is already
too late to implement the program in 1992, these estimates nonetheless give
you a good idea of costs for the respective years. Costs for salaries
change from year to year depending upon when Easter week falls on the
calendar.
37
Keith Beverly
Page 2
January 13, 1992
Services would be provided only during high use periods from April
through October and are a reflection of staffing levels provided on the
adjacent State Beach. We would reserve the discretion to cut back
services on days when inclement weather lessens the need. Once again,
this is a reflection of operations on the State Beach.
No law enforcement is included in this plan although lifeguard staff
would provide advisory public contact regarding municipal ordinances such
as surfing, dogs, alcohol, and glass containers. In cases of continued
violation Carlsbad Police Department would be notified for enforcement.
This proposal provides for service that is phased from partial
coverage in the spring to full coverage in the summer. Service is then
phased out in the fall and concludes in October. Hours of service would
normally be 10:00 A.M. to 6:00 P.M. for towers, and from 10:00 A.M. to
7:00 P.M. for the lifeguard vehicle.
We recommend that towers be sited at the foot of Carlsbad Village
Drive (tower 1), Beech Avenue (tower 2), and just north of the northern-
most public access near the Buena Vista Lagoon (tower 3). Beach conditions
dictate that these towers be placed on site in June when conditions allow,
and removed in October when sand begins to erode. Heavy equipment is
necessary for this task and an "off-season" storage site for the towers
should be identified. Responsibility for tower movement and storage is
not included in the plan. Maintenance for the towers themselves is
negotiable.
Phone communication with towers, and radio communication with the
lifeguard vehicle would be provided by our -State Lifeguard dispatch
center located at South Carlsbad State Beach.
There are several other considerations that are negotiable such as
storage and off-season use of the lifeguard vehicle, surf/swim area
locations, call-back procedures, and billing procedures.
Our Department is required by the State policy to recoup all costs
when providing contracted service. The billing rates for salaries here
cover costs in training, vacation time, sick leave, retirement, and
employee health benefits. The 15% administrative charge is to cover
administrative costs in workers'compensation, industrial disability,
unemployment compensation, life insurance, recruiting, testing, and
hiring.
Keith Beverly
Page 3
January 13, 1992
As this is a somewhat detailed cost estimate you may have questions.
Please contact me or Lifeguard Supervisor Dennis Stoufer for clarification.
We are well aware of the complex public safety issues at this popular
beach and we hope we can help you to resolve them.
Sincerely,
William V. Fait
District Superintendent
WVF:cmb
Enclosure
38
CONTRACT
LIFEGUARD SERVICES
CARLSBAD "CITY" BEACH
(Initial Year. 1992)
IFEGUARD TRAINING
ALARIES
i feguard Supv.11
tat ion
ahicle Guard
ahicle Guard
al iaf Guard
i spatch
:feguard Supv.Irfice Assistant
a t i on
hicle Guard
hide Guard
lief Guard
spatch
feguard Supv.I
fice Assistant
a t ion
•>/er 1
-jar 2
*er 3
lief Guard
-tide Guard
iicle Guard
spatch
reguard Supv.I
:ice Assistant
•. tion
>or 1
er 2
er 3
ief Guard
icle Guard
icle Guard
patch
eguard Supv.I
ice Assistant
I
(PI)I
(PI)I
( PI )I
(PI )
Hours
120
Hours
8
B
4
1
1
1
Hours
8
8
4
1
1
1
Hours
8
8
8
8
8
10
2
2
2
Hours
8
8
8
8
8
10
2
2
2
Days
various
APRIL
Davs
11
11
11
11
11
11
MAY
Davs
10
10
10
10
10
10
JUNE
Days
20
20
20
20
20
20
20
20
20
JULY
Davs
30
30
30 .
30
30
30
30
30
30
Rate
30.23
Rate
15.64
18. 18
15.64
18. 18
27.84
14.82
Rate
15.64
18.18
15.64
18.18
27.84
14.82
Rate
15.05
15.64
15.05
15.64
15.64
18.18
18.18
27.84
14.82
Rate
15.05
15.64
15.05
15.64
15.64
18.18
18.18
27.84
14.82
D , UUU . UO
Extension
3,627.60
Extension
1,376.32
1 ,599.84
688. 16
-199.98
306.24
163.02
4.333.56
Extension
1,251.20
1 ,454.40
625.60
181.80
178.40
148.20
3,939.60
Extension
2,408.00
2,502.40
2,408.00
2.502.40
2,502.40
3,636.00
727.20
1 .113.60
592.80
18,392.80
Extension
3,612.00
3,753.60
3,612.00
3,753.60
3,753.60
5.454.00
1 ,090.80
1,670.40
889.20
27,589.20
L(3 1/8/92 CDNCrtRLS
CONTRACT
LIFEGUARD SERVICES
c
S_ tion
Tower 1
Tower 2
Tower 3
Relief Guard
Vehicle Guard
Vehicle Guard
Dispatch
Lifeguard Supv.r
Of f ice Assis tant
Station
Tower 1
Tower 2 •
Tower 3
Belief Guard
Vehicle Guard
Vehicle Guard
Dispatch
. i feguard Supv.I
office Assistant
Hours
a
8
8
8
8
10
2
( PI ) 2
I 2
AUGUST
Days
32
32
32
32
32
32
32
32
32
Rate
15
15
15
15
15
18ia
27
14
.05
.64
.05
.64
.64
.18
. 18
.84
.82
L*
3
4
3
4
4
5
1
1
tens ion
,852.80
.003.84
.852.80
.003.84
,003.84
.817.60
. 163.52
.781 .76
948,48
29 . 128.48
Hours
8
8
a
8
8
10
2
(PI) 2
I 2
SEPTEMBER
Days
17
17
13
17
30
30
30
30
30
Rate
15.05
15.64
15.05
15.64
15.64
18.18
18.18
27.84
14.82
Extension
2.046.80
2. 127.04
1,565.20
2, 127.04
3,753.60
5,454.00
1.090.80
1,670.40
889.20
20,724.08
el ,le Guard
chicle Guard
i spa tch
i feguard Supv.I
ffice Assistant
TOTAL INITIAL YEAR SALARIES
( PI )
I
Hours
8
8
1
1
1
OCTOBER
Days
5
5
5
5
5
Rate
15.64
18.18
18.18
27.84
14.82
Extension
625.60
727.20
90.90
139.20
74. 10
OPERATING EXPENSES
(Initial Year, 1992)
1,657.00
109,692.32
tt
3
3
3
3
4
1
1
1
1
1
1
1
4
8
Tower
Phone
First
Auto,
Light
LtfiSl
Moveable Lifeguard Towers
Tower Equipment
Phone Installation
Service Charge
Aid Kits & Supplies
Utility 4WO
Bar & PA
Equipment Rack
Mobile Radio & Installatioi
Portable Radio
Rescue Board
Back Board & Accoutorments
Equipment Box
Resuscitator
Oxygen Bottles ~
Rescue Buoys
Unit
16,000.00
100.00
250.00
134.40
50.00
18,939.00
1,400.00
300.00
3,900.00
5,400.00
400.00
300.00
500.00
500.00
75.00
65.00
Extension
48,000.00
300.00
750.00
336.00
200.00
18,939.00
1,400.00
30O.OO
3.90O.OO
5.40O.OO
400.00
300.00
500.00
50O.OO
300.00
520.00
Total Initial Year Operating Expenses 82.0<i=i
SUMMARY
(Initial Year. 1992)
LIFFGUARD TRAINING ......... 5 . OOP . OQ
Lifeguard Supervisor II 3,627.60
April 4,333.56
May . 3,939.60
June 18,392. 8O
July 27.589.20
' August 29,428.48
September 20,724.08
October 1 .657.00
TOTAL SALARIES 109,692.32
OPERATING EXPENSES 82,045.00
SUB-TOTAL 196,737.32
15% ADMINISTRATIVE COSTS 29.510.60
TOTAL INITIAL YEAR, 1992 226,247.92
J3 1/8/92
CONTRACT
LIFGUARD SERVICES
CARLSBAD "CITY" BEACH
(Second Year, 1993)
LlrEGUARD TRAINING .
SALARIES
Lifeguard Supv. II
'
S tat ion
Vehicle Guard
Vehicle Guard
Relief Guard
Dispatch
Lifeguard Supv . I (PI)
Office Assistant I
3 in t i on
Vehicle Guard
Vehicle Guard
Belief Guard
Dispatch
_ifeguard Supv. I (PI)
Df""ce Assistant I
Station
ower 1
ower 2
ower 3
elief Guard
ehicla Guard
ehicle Guard
i spa tch
ifeguard Supv. I (PI)
ffice Assistant I
ta tion
Dwer 1
ower 2
ower 3
alief Guard
3hi-rle Guard
*h le Guard
spatch
feguard Supv. I (PI)
"fice Assistant I
Hours
80
Hours
8
8
4
1
1
1
Hours
8
8
4
1
1
1
Hoursa
8
8
5
8
10
2
2
2
Hours
8
8
8
8
8
1O
2
2
2
Days
various
APRIL
Days
13
13
13
13
13
13
MAY
Davs
10
10
10
10
10
10
JUNE
Days
21
21
21
21
21
21
21
21
21
JULY
Davs
31
31
31
31
31
31
31
31
31
- , . /
Rate
30.23
Rate
15.64
18. IB
15.64
18.18
27.84
14.82
Rate
15.64
18. 18
15.64
18.18
27.84
14.82
Rate
15.05
15.64
15.05
15.64
15.64
18. 18
18. 18
27.84
14.82
Rate
15.05
15.64
15.05
15.64
15.64
18. 18
18.18
27.84
14.82
in
1 f\r\f*\ /> (^, \J\J<J . UU
Ex tens i on
2.418.40
Ex ten^ ion
1 .626.56
1.890.72
813.28
236.34
361 .92
192.66
5. 121 .48
Extension
1 ,251 .20
1,454.40
625.60
181.80
278.40
_M8^0
3,939.60
Extension
2,528.40
2,627.52
2,528.40
1,642.20
2,627.52
3.817.8O
763.56
1,169.28
622.44
18.327.12
Extension
3,732.40
3,878.72
3,732.40
3,878.72
3,878.72
5,635.80
1,127.16
1,726.08
918.84
28.508.84
CONTRACT
LIFEGUARD SERVICES
> La ti nn
"ower I
oner 2
ower 3
e J i ef Guard
ehicle Guard
ehicle Guard
i spa tch
i feguard Supv.I
c f ice Ass i s tant
a t ion
uer 1 .
wer 2
wer 3
lief Guard
hide Guard
'ijcle Guard
spatch
feguard Supv.I
cice Assistant-.
. tion
icla Guard
icle Guard
patch
equard Supv.I (PI)
ice Assistant I
Hours
8
8
8
8
8
1O
2
(PI ) 2
I 2
AUGUST
P.ays
31
31
31
31
31
31
31
31
31
Rate
15
15
15
15
15
18
18
27
14
.05
.64
.05
.64
.64
. 18
.18
.84
.82
Ext
3,
3,
3,
3.
3.
5,
1 .
1.
28 ,
ens ion
732.40
878. 72
732.40
878. 72
878.72
635.80
127. 16
726.08
913.84
508.84
Hours
8
8a
8
8
10
2
(PI ) 2
1 2
.. SEPTEMBER
Days,
16
16
12
16
3O
30
3O
30
30
Rate
15.05
15.64
15.05
15.64
15.64
18. IS
18.18
27.84
14.82
Ex tens ion
1 ,926.40
. 2.001.92
1 ,444 .80
2.0O1 .92
3,753.60
5,454.00
1 ,090.80
1 .670.40
089.20
20,233.04
Hours
8
8
1
1
1
OCTOBER
Davs
5
5
5
5
5
Rate
15.64
18.18
18.18
27.84
14.82
Extension
625.60
727.20
90. 9O
139.20
74. 10
TOTAL SECOND YEAR SALARIES
1,657.00
108,714.32
OPERATING EXPENSES
(Second Year, 1993)
UNIT
3 Moveable Lifeguard Towers 512.00
(4% of 80% of 16,000)
Phone Service X 3 Towers 134.40
(11.20 X 12 Months)
Rescue Buoy Replacement
(2 per year X 65.00)
First Aid Kits & Supplies
(10.00 X four X 8 months)
•'ehicle Rescue Equipment
/ehicle Operation
.44 per mile x 40 miles x 128 days)
Total Second Year Operating Expenses
EXTENSION
1,536.00
403.20
130.00
320.00
120.00
2,252.80
4,762.00
1/8/92 rONCARLS (e) 9
SUMMARY
(Second Year, 1993)
i
LIFEGUARD TRAINING . . . . . . . . . 1.000.00
SALARIES
Lifeguard Supervisor II 2,418.40
April 5,121.48
May . 3,939.60
June 18,327/12
July 28,508.84
August 28,508.84
September 20,233.04
October 1.657.QO
Total Salaries 108,714.32
OPERATING EXPENSES 4.762.0O
SUB-TOTAL 114,476.32
15% ADMINISTRATIVE COSTS 17.171.45
TOTAL SECOND YEAR, 1993 131,647.77
41
May 19, 1992 Page 6
HOUSING AND
Council adjourned to the Housing and Redevelopment Commission at 8:20 p.m.,
and re-convened at 9:17 p.m., with four Members present and Mayor Pro Tern
Kulchin absent.
DEPARTMENTAL AMP CITY MANAGER REPORTS;
11. AB 111,693 - GROWTH MANAGEMENT FINANCING PLAN FOR LOCAL FACILITIES
MANAGEMENT ZONES 11 AND 12.
Dolores Welty, 2076 Sheridan Road, Leucadia, spoke in opposition to this
financing plan, stating it was contrary to the spirit of the Growth
Management Plan.
ACTION; On motion by Council Member Larson, Council adopted
RESOLUTION NO. 92-137, approving a public facilities
financing plan for Local Facilities Management Zones 11 and
12.
AYES; Lewis, Larson, Stanton and Nygaard
12. AB £11,694 - BEACH LIFEGUARD REQUEST.
Tony Howard-Jones, 2748 Waterbury Way, owner of the Best Western Beach
Terrace Inn, stated that the portion of the beach from Oak St. north to
the Buena Vista Lagoon is being used more and more by the general
public. He spoke in favor of the request to provide some type of
lifeguard services, as he said it would save lives.
Geoff Bell, 3686 Highland Dr., spoke in favor of the lifeguard
protection, and suggested that provision be made for surfing areas
during the daytime in the summer. He said the surfers and swimmers are
using the same area, and this is a dangerous situation. He said he did
not favor the use of jet skis, due to the smell and noise they create.
Pete Biltchik, 352 Christiansen Way, read a statement from David Castner
in support of the recommendation for a seasonal jet ski and vehicular
beach patrol. Mr. Biltchik stated that this is a health and safety
issue, and the city should spend the additional money to provide the
service.
ACTION; On motion by Mayor Lewis, Council denied the request from
the Parks and Recreation Commission to immediately establish
a seasonal jet ski and vehicular beach patrol and provide a
lifeguard program on the beach area from Oak Street north to
the mouth of the Buena Vista Lagoon; directed that the
matter be brought back next year during the budget process
and be incorporated into the Parks and Recreation Program;
and directed staff to include a report on the matter of
shared liability with the State.
AYES; Lewis, Stanton and Nygaard
NOES; Larson
'---
HI
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
AGENDA
Special Meeting
Nay 19, 1992
6:00 p.m.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
Minutes of the Special Meeting held May 5, 1992.
Minutes of the Special Meeting held May 12, 1992.
CONSENT CALENDAR;
APPROVEDWAIVER OF ORDINANCE TEXT READING: «rrnw
This is a motion to waive the reading of the text of all ordinances and
resolutions at this meeting.
1. AB 1163 - PLANS AND SPECIFICATIONS FOR INSTALLATION OF 1992 FENCING PROJECTS
- CMWD PROJECT NO. 91-110.
Adopting Resolution No. 788, approving plans and specifications and
authorizing advertisement for bids for installation of 1992 fencing
projects - CMWD Project No. 91-110.
BOARD
ACTION: APPROVED
2. AB #164 - APPROVAL OF THE SOUTH CARLSBAD BEACH REORGANIZATION.
Adopting Resolution No. 789, approving the South Carlsbad Beach
reorganization, including the annexation of the newly constructed State
Parks and Recreation parking facility adjacent to Carlsbad State Beach,
off Carlsbad Boulevard and northwest of La Costa Boulevard, to the
Carlsbad Municipal Water District; and approving the detachment of the
area from the San Dieguito Water District.
BOARD
ACTION: APPROVED
ADJOURNMENT TO THE HOUSING AND REDEVELOPMENT COMMISSION MEETING
43
CITY OF CARLSBAD
HOUSING AND REDEVELOPMENT COMMISSION
AGENDA
Regular Meeting
May 19, 1992
6:00 p.m.
CALL TO ORDER:
ROLL CALL:
APPROVAL OF MINUTES:
None
PUBLIC HEARING;
1. AB #208 - REQUEST FOR MAJOR REDEVELOPMENT PERMIT FOR ARCO AM/PM GAS STATION
AND MINI HART - RP 91-4.
To consider an application for a Major Redevelopment Permit to allow the
demolition of an existing gas station and the construction of a new gas
station and mini mart on property generally located at the northeast
corner of Carlsbad Village Drive and Harding Street, in the Village —
Redevelopment Zone, Sub-area 1.
COMMISSION The Commission directed Che Attorney to prepare documents approving
ACTION: the Negative Declaration and approving RP 91-4, including the
addition of the wording "The Design Review Board may review the
applicant's compliance with this condition upon notice at a
public hearing at any time and recommend changes to the Housing
& Redevelopment Commission." (See Minutes for details)
EXECUTIVE DIRECTOR AND DEPARTMENTAL REPORT:
2. AB #207 - REQUEST FOR EXTENSION OF MAJOR REDEVELOPMENT PERMIT - RP 89-8 -
BEVERLY CENTRE.
To consider a request for an extension of a previously approved Major
Redevelopment Permit to construct a three-story, 27,000 square foot
mixed use office/retail structure on property generally located on the
southeast corner of State Street and Laguna Drive.
Resolution No. 208.
COMMISSION The Commission adopted Resolution No. 208 approving a one-year
ACTION: extension of time.
ADJOURNMENT TO CONTINUATION OF THE CITY COUNCIL MEETING
6
CONTINUATION OF THE CITY COUNCIL MEETING
DEPARTMENTAL AND CITY MANAGER REPORTS;
11. AB »11.693 - GROWTH MANAGEMENT FINANCING PLAN FOR LOCAL FACILITIES
MANAGEMENT ZONES 11 AND 12.
To consider approval of the Growth Management Financing Plan for Local
Facilities Management Zones 11 and 12.
Resolution No. 92-137.
COUNCIL
ACTION: APPROVED
12. AB #11.694 - BEACH LIFEGUARD REQUEST.
To consider a recommendation from the Parks and Recreation Commission to
immediately establish a seasonal Jet Ski and vehicular beach patrol, and
funds permitting, to provide a lifeguard program on the beach area from
Oak Street north to the mouth of the Buena Vista Lagoon.
COUNCIL Council denied the request and directed the matter be brought
ACTION: back next year as part of the budget process and directed staff
to include a report on the matter of shared liability with the
State (see Minutes for details).
13. AB 111.695 - FOREST CONSERVATION INITIATIVE.
To consider supporting the Forest Conservation Initiative and requesting
the County Board of Supervisors to place the initiative on the November,
1992 ballot.
Resolution No. 92-138.
COUNCIL
ACTION: NO ACTION
14. AB #11.696 - JOINT POWERS AUTHORITY FOR SOLID WASTE ISSUES.
To consider giving direction to staff regarding the City's participation
in the North County Solid Waste Management Agency Joint Powers Agreement
(JPA) with the Cities of Escondido and Oceanside.
Resolution No. 92-139.
COUNCIL Council approved the formation of the North County Solid Waste
ACTION: Management Agency in concept, and directed staff to work with
Escondido and Oceanside to formalize details of the Joint Powers
Agreement.
15. AB #11.697 - REVISION OF PRIMA FACIE SPEED LIMIT ON HOSP WAY.
To consider establishing a prima facie 30 mile per hour speed limit on
Hosp Way from El Camino Real to Monroe Street.
Introduction of Ordinance NS-202.
COUNCIL
ACTION: CONTINUED
16. AB 111.698 - BEACH EROSION COMMITTEE APPOINTMENT.
To consider appointing one member to the Beach Erosion Committee.
Resolution No. 92-140.
COUNCIL
ACTION: CONTINUED
44
17. AB 111.699 - CARLSBAD PERSONNEL BOARD APPOINTMENT.
To consider appointing one member to the Carlsbad Personnel Board.
Resolution No. 92-141.
COUNCIL rnMTiwuenACTION: CONTINUED
18. AB 111.700 - APPOINTMENT TO SISTER CITY COMMITTEE.
To consider appointing one member to the Sister City Committee.
Resolution No. 92-98.
COUNCIL
CONT.NUED
The remainder of the categories are for reporting purposes. In
conformance with the Brown Act, no public testimony and no Council
action can occur on these items.
*
*
*
COUNCIL REPORTS
Nygaard ADAPT, Alcohol and Drug Abuse Prevention Task Force
Buena Vista Lagoon Committee (Alternate)
Child Care Commission
City/School Committee
Energy Commission Sub-Committee
Homeless Sub-Committee
League Growth Management Task Force
Local Coastal Plan
McClellan-Palomar Airport Advisory Committee (Alternate)
North County Coalition of Cities - Trash Issues (Alternate)
North County Transfer Station Siting Committee (Alternate)
Oceanside/Carlsbad Beach Erosion
Parks & Recreation Commission
Traffic Safety Commission
8
May 19, 1992 Page 6
HOUSING AND REDEVELOPMENT COMMISSION:
Council adjourned to the Housing and Redevelopment Commission at 8:20 p.m.,
and re-convened at 9:17 p.m., with four Members present and Mayor Pro Tern
Kulchin absent.
DEPARTMENTAL AND CITY MANAGER REPORTS:
11. AB ^11,693 - GROWTH MANAGEMENT FINANCING PLAN FOR LOCAL FACILITIES
MANAGEMENT ZONES 11 AND 12.
Dolores Welty, 2076 Sheridan Road, Leucadia, spoke in opposition to this
financing plan, stating it was contrary to the spirit of the Growth
Management Plan.
ACTION; On motion by Council Member Larson, Council adopted
RESOLUTION NO. 92-137, approving a public facilities
financing plan for Local Facilities Management Zones 11 and
12.
AYES; Lewis, Larson, Stanton and Nygaard
12. AB *11,694 - BEACH LIFEGUARD REQUEST.
Tony Howard-Jones, 2748 Waterbury Way, owner of the Best Western Beach
Terrace Inn, stated that the portion of the beach from Oak St. north to
the Buena Vista Lagoon is being used more and more by the general
public. He spoke in favor of the request to provide some type of
lifeguard services, as he said it would save lives.
Geoff Bell, 3686 Highland Dr., spoke in favor of the lifeguard
protection, and suggested that provision be made for surfing areas
during the daytime in the summer. He said the surfers and swimmers are
using the same area, and this is a dangerous situation. He said he did
not favor the use of jet skis, due to the smell and noise they create.
Pete Biltchik, 352 Christiansen Way, read a statement from David Castner
in support of the recommendation for a seasonal jet ski and vehicular
beach patrol. Mr. Biltchik stated that this is a health and safety
issue, and the city should spend the additional money to provide the
service.
ACTION; On motion by Mayor Lewis, Council denied the request from
the Parks and Recreation Commission to immediately establish
a seasonal jet ski and vehicular beach patrol and provide a
lifeguard program on the beach area from Oak Street north to
the mouth of the Buena Vista Lagoon; directed that the
matter be brought back next year during the budget process
and be incorporated into the Parks and Recreation Program;
and directed staff to include a report on the matter of
shared liability with the State.
AYES; Lewis, Stanton and Nygaard
NOES; Larson
45 EXHIBIT 3
I /
,__ Parks and Recreation Commission -12 - March 16, 1992
AYES: Chairman Castner, Commissioners Finnila, Frazier, Heineman,
Lawson, Strayer, Ward
NOES: None
RECESS:
On order of the Chairman, the Parks and Recreation Commission recessed at 7:38
p.m.
RECONVENED:
On order of the Chairman, the Parks and Recreation Commission reconvened at
7:44 p.m.
6. AB #392-6 General Plan Survey Update (Action)
Dave Bradstreet gave a general description of the results of the General Plan Survey
Update.
The Commission unanimously accepted the staff report.
7. AB #392-7 Lifeguard Issue (Action)
Keith Beverly, Senior Management Analyst, reviewed the report which noted the cost
to provide lifeguard service, alternatives in lieu of lifeguard services, and alternative
methods for funding of this request. He commented that this had come about
because a citizen had requested the City to establish lifeguard services.
Chairman Castner opened the meeting to public comment.
Lee Bohlmann, 5411 Avenida Encinas, Carlsbad Chamber of Commerce, distributed
copies of a letter addressed to Mr. Pete Biltchik. He was concerned with funding of
items that would be necessary such as rest rooms, changing rooms, drinking
fountains, and gate closures.
Pete Biltchik, 352 Christensen Way, said he didn't want Carlsbad to be known as the
only city on the coast not providing lifeguard service. He stated that a drowning had
occurred four years ago.
Commissioner Lawson inquired if Mr. Biltchik had spoken to property owners
regarding the possibility of a special assessment to provide for lifeguard services.
46
Parks and Recreation Commission - 13 - March 16, 1992
Mr. Biltchik responded that he had not spoken with property owners regarding a
special assessment and was not in favor of using the Transient Occupancy Tax (TOT)
to fund lifeguard services.
Chairman Castner closed the meeting for public comment. '
Commissioner Finnila stated that the solution for saving lives in the water was to have
Jet Ski patrols because water safety was the No. 1 issue. She stated that Jet Ski
patrol could be run by the police, department. Officers could be trained in the use of a
Jet Ski.
There were still problems being experienced with surf boarders mingling with
swimmers. A shore patrol could only wait until the surfer comes out of the water to
correct the situation.
Commissioner Ward felt that a lifeguard would only create more problems to an
already heavily impacted area and would require the need for rest rooms, showers,
etc. She was not in favor of a Jet Ski patrol because it implied that the City was liable.
C Commissioner Strayer stated that water safety was very important and a Jet Ski patrol
might be the beginning of the City taking responsibility for people using the beach.
Commissioner Heineman suggested that the Jet Ski patrol be given citation powers.
Chairman Castner stated that the City had a morale responsibility to provide a life
saving service.
ACTION: On motion by Commissioner Heineman, to recommend 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 lifeguard service on the beach.
AYES: Chairman Castner, Commissioners Finnila, Frazier, Heineman,
Strayer
NOES: Commissioners Lawson, Ward
8. AB #392-8 Committee Appointments (Action)
ACTION: On motion by Commissioner Ward, to adopt the Parks and
Recreation Commission appointments to various committee
assignments.
AYES: Chairman Castner, Commissioners Finnila, Frazier,
£' Heineman, Lawson, Strayer, Ward
NOES: None
Citv of Carlsbad
Parks & Recreation Department
September 8, 1992
Donald Murphy, Director
State of California
Department of Parks & Recreation
1416 9th St. Box 942396
Sacramento, CA 94296-0001
Dear Mr. Murphy,
For many years, the issue of providing lifeguard service to a particular section of beach
in Carlsbad has been a subject addressed by local and state officials. The section of
beach is located at the northern most city limits of Carlsbad, beginning at Oak Street and
extending north to the mouth of the Buena Vista Lagoon. The beachfront property is
owned by private property owners to the east of the mean high tide and by the State
Lands Commission to the west of mean high tide. Although the area has always been
subject to recreational use by the public, more recently, due to a shift in sand deposits,
this unguarded beach is experiencing a higher use than in years past, the vast majority
of which is generated from a regional population.
On May 19, 1992, the Carlsbad City Council considered a citizens request for the City to
establish a lifeguard service at the subject area. After considerable discussion and public
input, the Council did not recommend that the City establish a lifeguard service for the
following reasons:
1. Because the City does not own any public beach in this area, or any beach
along it's coastline.
2. The council did not consider it prudent to assume sole responsibility for the
liability exposure associated with such a service.
The Council did however direct staff to pursue alternative action in the following manner:
* Address the need for lifeguards from a regional use perspective and seek
assistance from Local Legislative Representatives to provide for state
lifeguard services.
* Consider provisions for co-sponsored lifeguard services during the City's
1993-94 fiscal year budget preparation process if a shared liability to risk
exposure would be assumed by another co-sponsoring agency.
47
1 2OO Carlsbad Village Drive - Carlsbad, California 92OOE t/\rlJLD.L I T1
SEPTEMBERS, 1992
PAGE 2
MR. MURPHY
On July 29, 1992 City staff met with Carlsbad Mayor Bud Lewis and State Assemblyman
Robert Frazee to discuss this issue in further detail. Based upon those discussions, the
purpose of this correspondence is to request that consideration be given by the California
Department of Parks and Recreation to initiate efforts to incorporate within the State Park
system, that section of beach from Oak Street north to the Buena Vista Lagoon. This
action would in essence extend the immediately adjacent state park property by
approximately one (1) mile. Once under the jurisdiction of the state, incorporation would
permit state funding to provide lifeguard service to an area of beach which is currently
heavily used by a regional population during peak use periods, typically May through
September.
Although we are all aware that the current state budget situation is creating a negative
impact on abilities to provide services, it is our hope that if efforts are initiated now, the
eventuality of this request will come to fruition during more prosperous economic times.
Any information or action your office could provide with this issue would be greatly
appreciated. Thank you for your time and consideration.
Sincerely
KEITH BEVERLY
Senior Management Analyst
PP
Attachment
c: Senator William Craven
Assemblyman Robert Frazee
San Diego Coast District Supervisor - William Faite
Parks and Recreation Director
Assistant City Manager
Assistant to the City Manager
City Attorney
48
City of Carlsbad
Office of the Mayor
June 23, 1992
Robert Frazee, Assemblymember
6028 Capitol Building
Sacramento, California 95814
Recently our City Council addressed a citizens request to establish a lifeguard service on an
approximate one (1) mile stretch of beach, at the northern most section of Carlsbad's
coastline. The property ownership of this particular area is owned by the State Lands
Commission to the west of the mean high tide and by individual private property owners to
.the east of the mean high tide.
While the City has worked cooperatively with the State Coastal Conservancy in recent years
to provide ownership and maintenance responsibilities for local coastal accessways, this
section of beach has always been subject to recreational use by the public. More recently,
a shift in sand deposits has made this beach more popular than other beaches along.
Carlsbad's coastline. The area is immediately adjacent to beach property currently owned
by and under the jurisdication of the State Park system. In fact, the vast majority of
Carlsbad's coastline falls within the State Parks jurisdiction. Although the beach locality is
a recreational resource area which attracts year round regional use, the peak use periods are
more heavily frequented during the summer months, typically May through September.
Again, the issue is, establishing lifeguard service or perhaps expanding the current State
lifeguard service to this beach area.
Addressing the establishment of a lifeguard service in light of property ownership and
regional use issues, the Carlsbad City Council wishes to formally request your assistance.
Specifically, we request your cooperation and support to initiate legislative action which
would incorporate the subject State Lands Commission property within the State Parks and
Recreation system and thereby extend the State Parks jurisdiction and ability to enforce their
regulations and provide lifeguard service to the subject tidelands.
Your assistance with this matter would be greatly appreciated. If I can be of any further
1 assistance to you with this matter please do not hesitate to contact me, thank you.
Sincerely,
Claude "Bud" Lewis, Mayor
City of Carlsbad
c: City Council Members A Q
City Manager
Assistant City Manager
Parks and Recreation Director
City of Carlsbad
Office of the Mayor
June 23, 1992
William Craven, Senator
3070 Capitol Building
Sacramento, California 95814
Recently our City Council addressed a citizens request to establish a lifeguard service on an
approximate one (1) mile stretch of beach, at the northern most section of Carlsbad's
coastline. The property ownership of this particular area is owned by the State Lands
Commission to the west of the mean high tide and by individual private property owners to
the east of the mean high tide.
While the City has worked cooperatively with the State Coastal Conservancy in recent years
to provide ownership and maintenance responsibilities for local coastal accessways, this
section of beach has always been subject to recreational use by the public. More recently,
a shift in sand deposits has made this beach more popular than other beaches along
Carlsbad's coastline. The area is immediately adjacent to beach property currently owned
by and under the jurisdication of the State Park system. In fact, the vast majority of
Carlsbad's coastline falls within the State Parks jurisdiction. Although the beach locality is
a recreational resource area which attracts year round regional use, the peak use periods are
more heavily frequented during the summer months, typically May through September.
Again, the issue is, establishing lifeguard service or perhaps expanding the current State
lifeguard service to this beach area.
Addressing the establishment of a lifeguard service in light of property ownership and
regional use issues, the Carlsbad City Council wishes to formally request your assistance.
Specifically, we request your cooperation and support to initiate legislative action which
would incorporate the subject State Lands Commission property within the State Parks and
Recreation system and thereby extend the State Parks jurisdiction and ability to enforce their
regulations and provide lifeguard service to the subject tidelands.
Your assistance with this matter would be greatly appreciated. If I can be of any further
assistance to you with this matter please do not hesitate to contact me, thank you.
Sincerely,
Claude "Bud1' Lewis, Mayor
City of Carlsbad
•*City Council Members
City Manager ""
Assistant City Manager
Parks and Recreation Director EXHIBIT 2