HomeMy WebLinkAbout2021-12-14; City Council Legislative Subcommittee; ; 2022 State Budget Requests and Legislative ProposalsCity Council Legislative Subcommittee
Meeting Date: Dec. 14, 2021
To: City Council Legislative Subcommittee
From: Jason Haber, Intergovernmental Affairs Director
Item 3: 2022 State Budget Requests and Legislative Proposals
Recommendation: Discuss and determine proposed priority state budget requests and
legislative proposals to recommend to the City Council.
Discussion:
This item will provide an opportunity to discuss Subcommittee recommendations and feedback
to staff regarding the prioritization of state budget requests and two bill proposal summary
sheets for future City Council consideration.
Based upon the feedback provided by the Subcommittee at its meeting on Nov. 23, 2021, the
following projects have been identified as being well-suited to potential state funding requests:
1.Coastline Park Planning and Development
2.Veterans Park Development
3.Regional Sand Replenishment
4.Fire Station No. 7
5.Carlsbad Village Railroad Trench
6.Homeless Services Programming
Staff is requesting Subcommittee input and feedback to help prioritize two or three potential
2022 state budget requests from the above list.
Staff is also requesting Subcommittee feedback on the background summaries (Exhibits 1 and
2) for the two potential bill sponsorship ideas that have been recommended for City Council
consideration, including:
1.A proposal to allow lifeguards certified by the United States Lifesaving Association
(i.e., ocean lifeguards) to perform lifeguard services at public pools.
2.A proposal to clarify the requirements for operating city-owned ocean rescue
vessels.
Exhibits:
1.Lifeguard certification proposal
2.Lifeguard rescue vessel speed limit exemption proposal
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Exhibit 1
(City of
Carlsbad
Legislative Proposal: Lifeguard Certification Equivalency
City Swimming Pools:
•Alga Norte Aquatic Center
•Monroe Street Pool
•Due to lifeguard staffing shortages, weekday hours at the Monroe Street Pool have been
temporarily reduced since mid-September 2021. During the reduced hours, Monroe
Street Pool passes are honored at the Alga Norte Aquatic Center.
•The city is actively recruiting for additional lifeguards.
Background:
•Carlsbad city firefighters have United States Lifesaving Association (USLA) certification;
therefore, the firefighters do not meet the American Red Cross or the YMCA lifeguard
training program requirements. However, the USLA certification may be equivalent to
those of the Red Cross or the YMCA lifeguard training program.
•The physical environment, rescue scenarios and medical care associated with beach
lifeguarding are significantly more complex than those associated with lifeguarding in the
stillwater (i.e., pool) environment. Given that USLA. is recognized as the standard
certification for lifeguarding in the ocean environment, their training and physical fitness
standards are appropriately the most stringent among the certifications outlined above.
•City of Carlsbad beach lifeguards are trained in Code X, which is an incident type for a
submerged victim rescue and/or body recovery. This involves diving down into low
visibility water and sweeping the ocean bottom. As such, USLA-certified guards would be
more than capable of getting to the bottom of a 13' deep clear water pool to retrieve a
victim.
•Should they be deployed to provide pool lifeguarding services, USLA-certified guards
would generally perform lifeguarding duties identical to those performed by our
American Red Cross/YMCA-certified pool guards.
•On December 3, the City of Carlsbad received authorization from the Department of
Public Health to allow USLA certified lifeguards to provides services at city pools. The
1
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Penne Public Policy Group
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authorization will expire on June 30, 2022, at which time the City must revert to lifeguards
with solely an American Red Cross or YMCA certification.
Existing Law:
•CA I-186 Code section 116028 addresses lifeguard qualifications:
"Lifeguard service," as used in this article, means the attendance at a public swimming
pool, during periods of use, of one or more lifeguards who possess, as minimum
qualifications, current certificates from an American Red Cross or YMCA of the U.S.A.
lifeguard training program, or have equivalent qualifications, as determined by the
department, and who are trained to administer first aid, including, but not limited to,
cardiopulmonary resuscitation in conformance with Section 123725 and the regulations
adopted thereunder, and who have no duties to perform other than to supervise the safety
of participants in water-contact activities. "Lifeguard services" includes the supervision of
the safety of participants in water-contact activities by lifeguards who are providing
swimming lessons, coaching or overseeing water-contact sports, or providing water safety
instructions to participants when no other persons are using the facilities unless those
persons are supervised by separate lifeguard services.
•Based on the code section above, lifeguards are to have current certificates from
o The American Red Cross
o YMCA of the U.S.A. lifeguard training program
o Have equivalent qualifications.
Legislative Fix:
•CAH&S Code section 116028 would be amended to read:
"Lifeguard service," as used in this article, means the attendance at a public swimming
pool, during periods of use, of one or more lifeguards who possess, as minimum
qualifications, current certificates from an American Red Cross or YMCA of the U.S.A.
lifeguard training program, United States Lifesaving Association (USLA) certification, or
have equivalent qualifications, as determined by the department, and who are trained to
administer first aid, including, but not limited to, cardiopulmonary resuscitation in
conformance with Section 123725 and the regulations adopted thereunder, and who have
no duties to perform other than to supervise the safety of participants in water-contact
activities. "Lifeguard services" includes the supervision of the safety of participants in
water-contact activities by lifeguards who are providing swimming lessons, coaching or
overseeing water-contact sports, or providing water safety instructions to participants
when no other persons are using the facilities unless those persons are supervised by
separate lifeguard services.
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Rcilrs PubFc Policy Group
Exhibit 2
(City of
Carlsbad
Legislative Proposal: Lifeguard Speed Limit Exemption
Background:
Harbors and Navigation Code section 655.2 prohibits the operation of an ocean vessel, including
personal watercraft, in excess of five miles per hour in specified circumstances, including when
within 100 feet of a bather or within 200 feet of a beach frequented by bathers. (§ 655.2(a).) The
prohibition does not apply to vessels engaged in direct law enforcement activities if the vessel
displays prescribed blue lights. (§ 655.2(13).) The prohibition also does not apply to a vessel
owned by the state "or subdivision thereof" that is used principally for governmental purposes
and is clearly identifiable as such. (§ 650.1(b)(3).) A recent appellate court case originating in San
Diego reviewed these code sections as applied to ocean lifeguards and concluded these code
sections allow state and county ocean lifeguards to operate rescue vessels in excess of five miles
per hour, but they prohibit city ocean lifeguard vessels from doing so.
Problem:
•The code sections create different standards for ocean lifeguards performing the same
rescue duties depending on whether the lifeguards are employed by a state or county or
by a city.
*Justices from both the appellate court and the California Supreme Court have invited the
Legislature to clarify these code sections.
8 A rescue vessel, due to its speed, power, and high vantage point on the water, is the most
effective lifesaving tool inside the surf line.
•Without clarification of these code sections, city rescue vessels may be rendered useless
as a lifesaving aid. It will be of little comfort to the next swimmer or surfer in peril to learn
that the most effective means of rescue is unavailable due to an ambiguity or a gap in the
Harbors and Navigation Code.
•The Court of Appeal majority suggested that city rescue vessels may be exempt from
section 655.2's speed limit if they are "engaged in direct law enforcement activities" and
display the distinctive blue lights prescribed by section 652.5. However, four Justices from
the California Supreme Court questioned whether this exception could ever apply to
lifeguards.
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Rine Pubiic Policy Group
•Clarification is crucial because, without further guidance, there is remaining uncertainty
about whether city rescue vessels can ever be exempt from section 655.2's five-miles-
per-hour speed limit. Continued uncertainty surrounding the current statutory scheme
jeopardizes the safety of those in need of ocean rescue, as well as the safety of first
responders who often risk their own lives to save them.
Current Law:
HARBORS AND NAVIGATION CODE - HNC
ARTICLE 1. Operation and Equipment [650 - 674]
(Article 1 added by Stats. 1959, Ch. 1454. )
650.1.
(a)This chapter shall apply to vessels and associated equipment used, to be used, or carried in
vessels used on waters subject to the jurisdiction of the state.
(b)This chapter, except those sections which expressly indicate otherwise, shall not apply to the
following:
(1)Foreign vessels temporarily using waters subject to state jurisdiction.
(2)Military or public vessels of the United States, except recreational-type public vessels.
(3)A vessel whose owner is a state or subdivision thereof, which is used principally for
governmental purposes, and which is clearly identifiable as such.
(4)Ship's lifeboats.
655.2.
(a) Every owner, operator, or person in command of any vessel propelled by machinery is guilty
of an infraction who uses it, or permits it to be used, at a speed in excess of five miles per hour
in any portion of the following areas not otherwise regulated by local rules and regulations:
(1)Within 100 feet of any person who is engaged in the act of bathing. A person engaged
in the sport of water skiing shall not be considered as engaged in the act of bathing for
the purposes of this section.
(2)Within 200 feet of any of the following:
(A)A beach frequented by bathers.
(B)A swimming float, diving platform, or lifeline.
(C)A way or landing float to which boats are made fast or which is being used for
the embarkation or discharge of passengers.
(b) This section does not apply to vessels engaged in direct law enforcement activities that are
displaying the lights prescribed by Section 652.5. Those vessels are also exempt from any locally
imposed speed regulation adopted pursuant to Section 660.
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Rwne Public Policy Group
A inui.
Legislative Fix:
Amend the Harbors and Navigation Code to clarify city ocean rescue vessels are not subject to
the five mile per hour speed limit in section 655.2. Two options are:
Option 1:
650.1.
(a)This chapter shall apply to vessels and associated equipment used, to be used, or carried in
vessels used on waters subject to the jurisdiction of the state.
(b)This chapter, except those sections which expressly indicate otherwise, shall not apply to the
following:
(1)Foreign vessels temporarily using waters subject to state jurisdiction.
(2)Military or public vessels of the United States, except recreational-type public vessels.
(3)A vessel whose owner is a state, county, city, or city and county or subdivision thereof,
which is used principally for governmental purposes, and which is clearly identifiable as
such.
(4)Ship's lifeboats.
Option 2:
655.2.
(a) Every owner, operator, or person in command of any vessel propelled by machinery is guilty
of an infraction who uses it, or permits it to be used, at a speed in excess of five miles per hour
in any portion of the following areas not otherwise regulated by local rules and regulations:
(1)Within 100 feet of any person who is engaged in the act of bathing. A person engaged
in the sport of water skiing shall not be considered as engaged in the act of bathing for
the purposes of this section.
(2)Within 200 feet of any of the following:
(A)A beach frequented by bathers.
(B)A swimming float, diving platform, or lifeline.
(C)A way or landing float to which boats are made fast or which is being used for
the embarkation or discharge of passengers.
(b) This section does not apply to lifeguard rescue vessels clearly identifiable as such. This
section also does not apply to vessels engaged in direct law enforcement activities that are
displaying the lights prescribed by Section 652.5. Those vessels are also exempt from any locally
imposed speed regulation adopted pursuant to Section 660.
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