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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 J T5 CO ( O 8 ro coCh OCJ U CO O) OO CMen <O J3to •— S-rOo CO •o 0) U •(U (U14- I/I (U Cs- oa.(/i 1/1 <u o t. a;o u 10 ai a*•»-> en 0).c 4->i. a> enO) t-«c oo 10 ^ O -M i/i aiat E U r— Q; «^-c o ro 3OJ O OO >- *-> enc co •<-•r- "O 4-> L. -M IB <O Oo> en c$- <DO t- <U (U 5-QC to <ac •O O 4-> C •!- <O<t> •*-> -C CO •»-> to (U .* 3 l/l S_ CT O) (O ^Q- t- O en O O) OJ •— - >».Q -M •— (O>, «J «J (J *? O C 4-> C•f- 4-> O CO O 0)13 -i- to >, 0) (U •»-> «n> i— l-> .C •»- O>^ o.-^ ••-> 2 •- *J O) > "O Q.u s- >> «-o <u ^iU O tO Ji 4-> "O to -O <U»0 1- 1- •— O fO i— QJ 4-> 3 O> o en s-<o OJ o> •»-»x: u M- c •r- -I- O •-H Q <— <J <D C > O O S->» O UC i—i -r- OO s_o 4-> Uou o co tos~ (U.0 _.E <Uo> en fO Ol oOJ c c i— IO i. U tOo c >.-^>, 3 4-> 4-<o o ••- <os: o o o- 0) (O COo O) (0 'E raO COu 0 o 0) •ora I O ooOJ •— 28 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