HomeMy WebLinkAbout2016-09-27; City Council; ; North Beach Area Public Safety-Status ReportItem #12 September 27, 2016 Page 1 of 5
CITY COUNCIL
Staff Report
Meeting Date: September 27, 2016
Mayor and City Council To:
From:
Staff Contact:
Subject:
Kevin Crawford, City Manage~
Mike Davis, Fire Chief
Michael.Davis@carlsbadca.gov or (760) 931-2141
Neil Gallucci, Police Chief
Neil.Gallucci@carlsbadca.gov or {760) 931-2130
North Beach Area Public Safety -Status Report
Recommended Action
CARevi /§/ l~ t
Receive a status report on north beach area public safety issues, and provide feedback to staff.
Executive Summary
During the public comment period at the July 12, 2016, City Council meeting, a member of the
public expressed concerns about public safety along the three quarter mile stretch of beach
between Oak Avenue and the northern city limit (the north beach area). Council directed staff
to evaluate those concerns and how they relate to broader discussions about long-term
maintenance and operation of the Carlsbad coastline.
This report presents an overview of safety, law enforcement and legal issues in the north beach
area. Should Council wish to consider a new policy direction on these issues, staff recommends
scheduling a follow up workshop for discussion. At that time, staff would be prepared to
present any additional information Council requests.
Discussion
Beach Ownership and Management in Carlsbad
The California Department of Parks and Recreation owns 82 percent of the beaches in Carlsbad,
including South Carlsbad State Beach and Carlsbad State Beach, which extend from the city's
southern border to Oak Avenue in the north, with the exception of Terramar beach, south of
the power plant. Beaches north of Oak Avenue are privately owned. Although property owners
along this stretch of beach may own the beach area in front of their properties, these beaches
are open to the public.
In 2014, the city obtained a "right of entry" permit from State Parks to take over maintenance
of the Tamarack restroom, as well as landscaping on the bluff and bluff top from Tamarack to
Oak Avenue. The purpose of this arrangement is to partner with State Parks to ensure these
areas could be maintained at the level expected by Carlsbad residents, in spite of state budget
constraints.
ITEM RETURNED TO STAFF
Item #12 September 27, 2016 Page 2 of 5
The city is currently exploring opportunities to expand the partnership with State Parks. Similar
to the right of entry permit, the purpose of an expanded partnership would be to enhance the
experience along Carlsbad's coastline beyond what can be provided with state resources alone.
Although a partnership could include expanded lifeguard and ranger services, it's premature to
characterize any future arrangement, pending further discussions with State Parks leadership
and staff.
Existing Public Safety Service Levels
The City of Carlsbad Fire Department provides all-hazard emergency response services, and the
Police Department provides law enforcement services to Carlsbad beaches, including the north
beach area. Safety services respond to 911 emergency calls and public complaints.
State Parks provides lifeguard services on state-owned beaches in Carlsbad. Since the north
beach area and the Terramar beach area are not owned by the state, no lifeguard services are
provided. However, state lifeguards respond to these areas when emergencies arise under a
"duty to act" obligation that applies to all public safety personnel. When responding to
unguarded beaches, beaches under the state's jurisdiction can become unprotected.
The Army and Navy Academy provides a lifeguard in a tower located on campus property when
students are in the water.
The city posts signs at five city-maintained beach access points along Ocean Street in the north
beach area. These signs advise, "No lifeguard on duty, swim at own risk," and outline beach
rules, including: no alcohol, no smoking, no beach fires, no glass containers, no dogs and time
restrictions on board surfing.
Safety Concerns
Over the past several years, anecdotal evidence shows the north beach area has experienced
an increase in popularity, and an increase in emergency and law enforcement service calls.
Table 1 summarizes the July 2016 water rescue activity by state lifeguards during a busy
summer month. Over the July 4th weekend, state lifeguards reported approximately 420
rescues in the City of Carlsbad, with approximately 200 of those performed in the north beach
area. The data highlight the workload impacts on state resources resulting from calls to the
north beach area.
Item #12 September 27, 2016 Page 3 of 5
Table 1 -CARLSBAD WATER RESCUES BY STATE LIFEGUARDS
Carlsbad Carlsbad % of Total CA State % of increased
2016 State Beach Area North Beach Area Lifeguard Rescues in workload to
North Beach Area CA State Lifeguards
July 2-4 225 197 47% 88%
July 5-11 114 25 18% 22%
July 12-18 44 43 49% 98%
July 19-25 80 52 39% 65%
July 26-31 61 18 23% 30%
524 335 39% 64%
State lifeguards also reported approximately 17,000 preventive actions on Carlsbad State Beach
during the month of July. A preventive action is a verbal warning to help people avoid, or
remove themselves from a situation where their safety would likely be compromised. Each of
these actions represents a potential rescue that was avoided. No preventive actions in the
north beach area were reported by the state during this time.
During the same month, the Carlsbad Fire Department responded to seven non-fatal drownings
and one fatal drowning in the north beach area. One additional non-fatal drowning occurred on
Frazee State Beach while state lifeguards were performing rescues in the north beach area.
Service Delivery Models
Cities with privately owned beaches, like Carlsbad, have utilized a variety of service delivery
models, including providing lifeguard services directly, contracting with a county lifeguard
service and contracting with neighboring agencies to provide service. Regardless of the way
services are delivered, the level of service also varies. Some jurisdictions provide year round
lifeguard service and some provide it only during peak or seasonal times.
Law Enforcement and Quality of Life Concerns
The State of California provides law enforcement patrols on state owned beaches in Carlsbad.
The Carlsbad Police Department is responsible for responding to calls for service in the north
beach area. Concerns typically include transient related issues, loud parties, drug usage, alcohol
consumption, vandalism, trespassing and other activities affecting the area1s quality of life.
At the August 17th, 2016, Carlsbad Planning Commission meeting, three north beach area
residents raised concerns about the following north beach area enforcement issues during the
Commission1s consideration of a local Coastal Development Permit application for the Ocean
Street Beach Access Improvements Project:
• Lack of law enforcement presence • Alcohol consumption
• Noise complaints • Drug use
• Vandalism and graffiti • Public urination
Item #12 September 27, 2016 Page 4 of 5
City Parks and Recreation and Police Department staff have been in contact with Ocean Street
(north beach area) residents in an effort to respond to their concerns.
General Legal Analysis
Beaches. Without Lifeguard Service
Except as provided by statute, a public entity is liable for injury caused by a dangerous
condition of its property if the plaintiff establishes that the property was in a dangerous
condition at the time of the injury, that the injury was proximately caused by the dangerous
condition, that the dangerous condition created a reasonable foreseeable risk of the kind of risk
of injury which was incurred, and that either: (a) a negligent or wrongful act or omission of an
employee of the public entity within the scope of his employment created the dangerous
condition; or (b) the public entity had actual or constructive notice of the dangerous condition
under Section 835.2 sufficient time prior to the injury to have taken measures to protect
against the dangerous condition. (Government Code Section 835.)
Government Code Section 831.2 provides that neither a public entity nor a public employee is
liable for an injury caused by a natural condition of any unimproved public property, including
but not limited to any natural condition of any lake, stream, bay, river or beach. Further,
Government Code Section 831.21 provides that public beaches shall be deemed to be in a
natural condition and unimproved notwithstanding the provision or absence of public safety
services such as lifeguards, police or sheriff patrols, medical services, fire protection services,
beach cleanup services, or signs. The provisions of this section shall apply only to natural
conditions of public property and shall not limit any liability or immunity that may otherwise
exist pursuant to this division.
Finally, Government Code Section 831.7(a) provides that neither a public entity nor a public
employee is liable to any person who participates in a hazardous recreational activity, including
any person who assists the participant, or to any spectator who knew or reasonably should
have known that the hazardous recreational activity created a substantial risk of injury to
himself or herself and was voluntarily in the place of risk, or having the ability to do so failed to
leave, for any damage or injury to property or persons arising out of that hazardous
recreational activity. Hazardous recreational activity includes: Water contact activities, except
diving, in places where or at a time when lifeguards are not provided and reasonable warning
thereof has been given or the injured party should reasonably have known that there was no
lifeguard provided at the time. (Gov. Code§ 831.7(b}(l}.)
Currently, the city is immune from liability for a claim of dangerous condition of public property
for a swimmer who drowns at the unguarded north beach area of Carlsbad, as warning signs
are posted and maintained.
Beaches With Lifeguard Services; Emergency Responders
While it is true that the city would lose immunity under Government Code Section 831.7(b)(l}
which includes swimming at an unguarded beach as a hazardous recreational activity, it would
still retain other immunities. For example, the immunities which are still available: the
immunity for an injury caused by a natural condition of any unimproved public property,
Item #12 September 27, 2016 Page 5 of 5
including but not limited to any natural condition of any lake, stream, bay, river or beach (Gov.
Code § 831.2) and diving into water from other than a diving board or diving platform would
still be considered a hazardous recreational activity (Gov. Code§ 831.7(2)). Further,
Government Code Section 831.21(a) states that public beaches shall be deemed to be in natural
condition and unimproved notwithstanding the provision or absence of public safety services
such as lifeguards, police or sheriff patrols, medical services, fire protection services, beach
cleanup services, or signs.
Similar to paramedics, the action of the lifeguards in providing medical care would be immune
from liability in the absence of gross negligence or bad faith pursuant to California Health and
Safety Code Section 1799.106.
It should be noted that similar to police officers, lifeguards have a general duty to protect
members of the public, but there is no special relationship between a particular lifeguard and a
particular swimmer unless there are additional facts showing the existence of a relationship.
(See Williams v. State of California, (1983) 34 Cal.3d 18.)
Fiscal Analysis
None.
Next Steps
Should the City Council wish to consider new policy direction regarding the north beach area,
staff recommend scheduling a Council workshop to discuss the data gathered to date, hear any
additional information Council would like staff to present and provide direction to staff at that
time.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore does not require environmental review.
Public Notification
Staff attempted to notify individuals who provided public comment regarding north beach area
public safety concerns, as well as stakeholders involved in the Ocean Street Beach Access
Improvements Project. California State Parks staff have also been notified about this report.
Exhibits
None.
Faviola Medina
From:
Sent:
To:
Subject:
Importance:
Sheila Cobian
Tuesday, September 27, 2016 1:56 PM
Faviola Medina; Tammy McMinn
FW: Supplemental Information for City Council Agenda Item 12 (North Beach Public
Safety Status Report)
High
We need to include this as part of our record.
Thank you,
(City of
Carlsbad
Sheila Cobian, CMC
City Clerk Services Manager
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1949
www .carlsbadca .gov
760-434-2917 I sheila.cobian@carlsbadca.gov
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From: Jason Haber
Sent: Tuesday, September 27, 2016 1:51 PM
To: Jason Haber <Jason.Haber@carlsbadca.gov>; Sheila Cobian <Sheila.Cobian@carlsbadca.gov>; Council Archive
<councilarchive@carlsbadca.gov>
Cc: Kevin Crawford <Kevin.Crawford@carlsbadca.gov>; Celia Brewer <Celia.Brewer@carlsbadca.gov>; Clay Phillips
<Ciay.Phillips@CarlsbadCA.gov>; Gary Barberio <Gary.Barberio@carlsbadca.gov>; Michael Davis
<Michaei.Davis@carlsbadca.gov>; Michael Calderwood <Michaei.Calderwood@carlsbadca.gov>; Neil Gallucci
<Neii.Gallucci@carlsbadca.gov>
Subject: Supplemental Information for City Council Agenda Item 12 (North Beach Public Safety Status Report)
Dear Council Members:
The following is to provide supplemental information in response to two questions that were raised during Council
briefings on Monday, September 26, 2016.
1. DO WE HAVE ANYTHING IN WRITING FROM THE STATE STATING THEY DO NOT OWN OR OPERATE THE NORTH
BEACH AREA?
1 Item #12 September 27, 2016 Page 6 of 8
Lifeguard services in the north beach area have been discussed between the city and CA State Parks for many years and
the city has several records of correspondence with the state on this matter. Most recently, in a June 2016 email to CA
State Parks staff, City Parks Superintendent, Kyle Lancaster referenced a recent citizen inquiry and asked about the
State's plans for addressing safety concerns in the ocean waters off the north beach. CA State Parks District
Superintendent, Robin Greene responded, with the most pertinent excerpts from her email provided, as follows:
I will start out with some facts from the State's perspective, for our further mutual understanding:
• The State Park Carlsbad 58 property fine extends north approximately to Pine Ave. Just north of T38 as
demarcated by Mr. Forrester's residence @ 3095 Ocean St.
• We cannot expend State Park funds ta regularly lifeguard, maintain and patrol property that does not belong to
CA State Parks without some sort of formalized contract, MOU, JPA easement or operating agreement.
• The private properties associated with each or mast of the houses on Ocean Stare encumbered by a public
access easement issued to the City of Carlsbad. The individual easements generally extend from the
homeowners' rip rap protective devices seaward to MHT. The easements call for management of 'open public
beach access and passive recreation' and although I have not read through each easement, and I'm not a
professional Land Agent, the language seems similar in that the easements were all dedicated to the local
jurisdiction -the City of Carlsbad.
• The City is the agency of primary jurisdiction on those beaches in question by the resident writer: Pine St north to
the Oceanside City fine.
• The City responds to calls for law enforcement, medical and fire service on those beach properties within its
jurisdiction.
• The City has developed and enforces municipal codes on those properties -no smoking, no dogs, no surfing etc.
• CA State Parks believes it is within the authority and responsibility of the City of Carlsbad to provide for full public
safety on those lands. Full public safety is defined as police, fire, and lifeguard services, especially when the City
has developed beach serving amenities and access points. The City has chosen, through the years, to provide for
Police and Fire Service on those properties and has chosen not to provide any sort of lifeguard services.
• Do not equate those [CA State Parks'] irregular patrols, regular responses to 911 and requests for mutual aide on
the public beach easements within the City jurisdiction as meaning that CA State Parks may regularly plan,
patrol, schedule, and guard those City easement lands. We cannot. Not for lack of resources, but because it is not
allowed by law absent at least one type of agreement listed above.
2. IT WAS REQUESTED THAT THE COMPLETE RECORD OF PRIOR CITY ACTION ON THE MATTER OF PROVIDING
LIFEGUARD SERVICES IN THE NORTH BEACH AREA BE SHARED WITH THE COUNCIL.
Staff has searched for documentation pointing to decisions made concerning safety and law enforcement in the north
beach area. Please note that, due to the short delivery timeline, the following summarizes staff's preliminary
investigation of city records, and should not be considered a comprehensive review of the history related to this matter.
Should Council require further analysis and documentation, staff would be happy to provide that at a later date.
A City Council Agenda Bill {#11694) from May 1992, titled Beach Lifeguard Request states that the topic of providing
lifeguard service in the north beach area had been a topic of consideration dating back to 1983. The report indicates that
a 1989 citizen request for lifeguard service was presented to the Parks and Recreation Commission in 1991. The
Commission 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 report
presented a variety of options for Council consideration, including pursuing legislative action to incorporate the north
beach area into the State Parks and Recreation Department jurisdiction, maintaining the status quo, or using city funds
for a lifeguard service program (either by contract, or using city forces).
The issue arose again in 1995, and a detailed staff analysis was presented to the Parks and Recreation Commission in
January 1997 {Agenda Bill #197-3). That report indicates that the City Council had directed staff to solicit a proposal from
the State to provide lifeguard service "at the absolute minimum level of service that they would recommend." The
2 Item #12 September 27, 2016 Page 7 of 8
report further suggests that staff was in support of pursuing regional involvement in finding a solution, but that they
were unsuccessful in those efforts.
City records include a 2006 letter from Bruce Macklin of the Carlsbad Beach Committee to Chris Brewster, President of
the U.S. Lifesaving Association, concerning liability related to providing beach lifeguard services. A response from Mr.
Brewster was also found. Staff found no further documentation related to city consideration of the issue during that
timeframe.
This summary demonstrates that the issue of providing lifeguard services in the north beach area has been addressed by
the city on several occasions over the past 30-plus years. Again, should Council request a more comprehensive survey of
the public record on this matter, staff could provide that at a later date.
Thank you,
City of
Carlsbad
Jason Haber
Assistant to the City Manager
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1949
760-434-2958 I jason.haber@carlsbadca.gov
www.carlsbadca.gov
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3 Item #12 September 27, 2016 Page 8 of 8