CITY COUNCIL STAFF REPORT
June 4, 2024 {{section.number}}c
INTRODUCTION AND FIRST READING OF “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CORONADO, CALIFORNIA, AMENDING SECTION 48.04.120 AND ADDING SECTION 48.04.150 TO THE CORONADO MUNICIPAL CODE” PERTAINING TO THE
REGULATION OF FIRES ON PUBLIC BEACHES AND DIRECTION ON BEACH SECURITY
AND FIRE PIT RESERVATIONS
RECOMMENDATION:
Conduct the first reading of an Ordinance to amend Coronado Municipal Code section 48.04.120 and add section 48.04.150 regarding fires on public beaches, provide direction on hiring additional beach security, and consider fire pit reservations.
BACKGROUND:
Currently, section 48.04.120 of the Coronado Municipal Code (CMC) governs beach fires, stating that fires are permitted when using a City-provided fire ring, portable barbecue, or personal fire ring container. In 2014, the City Council amended the CMC by limiting fire materials to charcoal and clean wood, consistent with the San Diego County Air Pollution Control District’s regulations, and restricting fire materials to a height of twelve inches above the fire container’s upper edge.
At the regular City Council meeting on November 21, 2023, the City Council approved a Policy #2 request to place on a future agenda an item that explores “establishing a policy and/or Municipal Code regulation for beach fires in front of the Shores.” The City Council also included direction to look at fire regulations at all City beaches and to present potential options for altering existing regulations.
On February 20, 2024, the City Council directed staff to prepare an Ordinance limiting beach fires to City-provided fire rings on North Beach, and prohibiting the use of all portable fire pits, grills, and barbecues. City Council also asked staff to return with additional information on smokeless portable stoves.
On April 16, 2024, the City Council directed staff to return with an updated Ordinance that bans all beach fires on South Beach, allows beach fires with propane or smokeless portable devices on Central and North Beach, and the burning of clean wood in the eight City-provided fire rings on North Beach. Additionally, the City Council requested staff to return with recommendations for potentially increasing security presence on North and Central Beaches and potentially implementing a fire ring reservation system.
ANALYSIS:
Following the April 16, 2024 City Council meeting, staff met with California Coastal Commission staff to discuss the process of obtaining Coastal Commission approval for the revised City regulations on beach fires. During this discussion, Coastal Commission staff expressed concerns regarding the proposed regulations and encouraged the City to reconsider the scope of the ban.
An all-encompassing ban on beach fires on South Beach would require a Coastal Development Permit (CDP). Coastal Commission staff indicated they would not be supportive of an outright ban on beach fires and would not recommend approval to the Coastal Commission. Additionally, they indicated that it is likely the Coastal Commission would deny the CDP, as the ban would unduly restrict coastal access by the public. As an alternative, allowing beach fires but restricting the fuel source to propane and smokeless portable devices would not require a CDP or further approval from the Coastal Commission and could be effective within 30 days of final Council adoption of the ordinance.
Based on the above information from meetings with Coastal Commission staff, City staff prepared two ordinances for City Council consideration.
Attachment 1 (Option1) includes a ban on all fires on South Beach but allows propane and smokeless portable devices on Central and North Beach as directed by the City Council on April 16, 2024. Should the City Council introduce Option 1, staff will initiate the CDP submission process. The estimated timeline for this process is approximately eight months. In the meantime, the new regulations would not be in effect and wood fires would continue to be permitted on all City beaches until February 2025 or such time the Coastal Commission takes action. However, this timeline does not guarantee approval. As noted above, Coastal Commission staff has indicated that an outright ban of beach fires on any area of the beach is unlikely to be approved.
Alternatively, Attachment 2 (Option 2) limits fuel types rather than banning fires on any area of the beach. This ordinance continues to permit the burning of clean wood in the eight City-provided fire rings on North Beach and would allow propane and smokeless portable fire devices on North, Central, and South Beach. If the City Council proceeds with adoption of this version of the ordinance, the Coastal Commission staff has indicated that there would be no need for a Coastal Development Permit or review by the Coastal Commission, resulting in the ordinance taking effect this summer, 30 days after the second reading. Other jurisdictions, such as the City of San Diego, have taken this approach and did not need Coastal Commission approval.
Security Considerations
The Police Department identified a need to increase the security presence on the City's public beaches. The Police Department currently contracts with Elite Security to provide security services in the fire ring area of North Beach from Memorial Day to Labor Day. One guard is on duty daily from 5:30 pm to 11:30 pm, costing approximately $18,000 during the summer months.
Elite Security’s responsibilities include educating the public on beach regulations, monitoring potential violations, and promptly reporting any violations to the Police Department. They are also required to submit daily reports detailing their activities.
Due to staffing challenges, limited enforcement personnel on the beach, and the need to educate the public on policy changes, the Police Department is requesting to contract two additional security guards to supplement the current patrol at North Beach. This would assign one guard to Central Beach (along the 900 block of Ocean Boulevard), and one guard to the Shores at South Beach. The addition of two guards during the summer months would incur an additional cost of $36,000, bringing the total to approximately $54,000 for three guards during the summer months.
If the request for additional security is approved, the Finance Department will prepare an off-cycle appropriation for future Council approval to increase the Police Department Field Services budget account (10021102-80030) to cover the additional costs.
Fire Ring Reservations
At the April 16, 2024 City Council meeting, City Council asked staff to explore potentially implementing a fire ring reservation system. The Recreation & Golf Services Department analyzed options for facilitating beach fire ring reservations. Several items are necessary for successfully managing any reservable space or amenity. First, proper reservation software infrastructure needs to be in place. The department currently uses the online platform CivicRec, which could facilitate customer reservations for the fire pits with some, but minimal, administrative cost to set up and manage.
Second, reservation notifications would need to be posted daily near the fire pits on an adjacent, secure kiosk that would need to be built and installed. Staff would print out a reservation chart every morning and post it on the fire pits when the beach opens. Any fire pit not reserved would be open for public use. Monitoring by staff throughout the day would be needed to successfully manage the fire pit reservations and could require up to 3 hours of staffing per day, creating an annualized additional workload approximating 0.75 full-time equivalent staff.
Lastly, with implementation of a reservation system, there could be disputes between reservation holders who arrive only at their scheduled time to use the fire pit and drop-in users who are accustomed to arriving and setting up early to claim the fire pits for their evening use. Additional security presence may be needed to ensure reservation holders have access to their fire pits and to manage or call police regarding any confrontations.
Given the additional staffing, administration, security requirements and potential for confrontations for users, staff finds that the costs will likely outweigh the benefits to manage the eight fire pits and would not recommend a reservation system at this time.
Should the Council decide to proceed with a reservation system, an option to consider is a summer pilot program to test the system, outcomes and needed resources. In such case, staff request Council discussion clarifying the intent of the reservation system as non-commercial for private use only and penalties for misuse, length of reservation, if fees will be charged, and any other elements and requirements the Council identifies.
FISCAL IMPACT:
There is no direct fiscal impact for amending the City’s regulations for beach fires. However, the addition of two security guards during the summer months would incur an additional cost of $36,000. This would bring the total security costs to approximately $54,000 for three guards.
Additional security would bring extra costs, dependent on the level of service required. Security expenses are budgeted out of the Police Department Field Services budget account (10021102- 80030).
ALTERNATIVE:
The City Council could keep CMC 48.04.120 in its current form or direct staff to return with alternative amendments.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
This project is exempt from the California Environmental Quality Act (CEQA) under a Class 4 exemption for minor alterations to land, because the project involves only minor and temporary alterations and uses of the beach that have negligible or no permanent effects in the environment, (Cal. Code Regs., tit. 14, § 15304.) The project is also exempt under Class 7 and 8 exemptions for actions by regulatory agencies for the protection of the environment and natural resources, because it is intended to curtail uncontrolled beach fire activities that are causing environmental problems at City beaches and public health concerns for City residents. (Cal. Code Regs., tit. 14, §§ 15307, 15308.) The City will file a Notice of Exemption documenting this finding after City Council approval of the project.
PUBLIC NOTICE:
In lieu of the full text of the ordinance being published within 15 days after passage, the City Clerk shall publish and post the summary of the proposed ordinance at least five days before the meeting at which the ordinance is to be adopted and within 15 days after adoption.
ATTACHMENTS:
1. Option 1: Beach Fires Ordinance 2024-06
2. Option 2: Beach Fires Ordinance 2024-07
3. Coronado Beach Map
Submitted By: City Manager's Office / Kelli Maples