EXECUTIVE SUMMARY:
The current Beach Fire Management Pilot Program will expire on September 15th, 2022. Staff is seeking “up” or “down” policy direction regarding the future of the Pilot Program and/or whether fires should be allowed on Carmel Beach on any basis. Based on this direction, staff will begin the appropriate next steps related to the existing Coastal Development Permit (CDP) and/or any necessary amendment to the City’s Local Coastal Program (LCP). The direction requested from Council is:
- Should the Pilot Program be extended, or permanently ended after September 15th, 2022?
- If the Pilot Program is extended, should the rules remain the same?
- If the Pilot Program is ended, what course of action should the City take on beach fires moving forward (e.g.: allow/prohibit)?
BACKGROUND / SUMMARY:
Started in 2016, the Pilot Program has taken different shapes along the way. It its current format of five (5) wood burning fire devices available from May 15th to September 15th from 4:00 to 10:00 pm, the Pilot Program has been running over three seasons (2020-2022). Notably, most of this period includes the COVID-19 pandemic, which shut the Pilot Program down for the 2020 season, and saw a reduction of visitors to the Village in 2021 due to National and International travel restrictions.
The Beach Fire Management Pilot Program (‘Pilot Program’) was first adopted on June 30, 2016, through the approval of a Coastal Development Permit (CDP 18-231), in response to issues associated with unrestricted fires on Carmel Beach. The Pilot Program, which originally allowed up to twelve (12) wood fire devices, is intended to provide the City with an opportunity to explore various beach-fire options, with the ultimate goal of making permanent changes to the beach-fire rules through a Local Coastal Program amendment.
For the 2016 to 2019 seasons, the Pilot Program took several different shapes, including installation of anywhere from six (6) to twelve (12) total devices, and at one point prohibiting all wood burning devices while allowing only propane devices to be used. The prohibition of wood devices was done through the adoption of a new Coastal Development Permit (CDP 19-194). This CDP was subsequently appealed to the Coastal Commission. Due to this uncertainty and lack of consistency between each season, no conclusions were made relative to the success of the program.
On September 10, 2019, before the Coastal Commission heard the appeal, Council rescinded CDP 19-194, reverting the Pilot Program back to CDP 18-231. The Council further amended CDP 18-231 to reduce the number of wood-fueled fire devices to five (5) between 10th Avenue and Martin Way and to allow fires only between May 15th and September 15th. This action became effective 30-days after adoption, which meant it would take effect the following season, making 2020 the first year of the Pilot Program as it exists today.
However, in early March, 2020, the City Council adopted Resolution 2020-021 ratifying a Proclamation of the Existence of a Local Emergency Due to the Worldwide Spread of the Coronavirus (“COVID-19”). Subsequent to this proclamation, the Pilot Program was cancelled and beach fires were completely prohibited for the year 2020 as part of an effort to slow the spread of COVID-19.
In 2021 and 2022, the Pilot Program resumed, although the 2021 season saw a reduced number of visitors due to travel restrictions related to COVID-19. The 2022 season however, took place with no travel restrictions in place, and therefore was the first full season managed under the strict five (5) device rules of the current Pilot Program.
STAFF ANALYSIS:
In order to assist with Council’s direction, staff has collected data from the 2022 season. It should be noted that these figures only cover through the middle of August, when the report was drafted, so estimates of the full 18-week season are also provided.
2022 Public Works Data
- 135 total device cleanings (13 weeks)
- Estimate 187 for full 18-week season
- Cost of 2 employees at a total of 10 hours per week (13 weeks) = $5,200
- Estimate $7,200 for full 18-week season
- Cost to install and remove devices for season = $2,500
- Cost to replace devices (if needed) = $530
- Number of times devices were full of sand = 51 or 38% (13 weeks)
- Estimate 71 for full 18-week season
- Number of times burnt wood and trash found outside of devices = 30 or 22% (13 weeks)
- Estimate 41 for full 18-week season
- Number of dog waste bags found in devices = 5 (13 weeks)
- Estimate 7 for full 18-week season
- Examples of trash items found in devices:
- Shoes
- Text books
- Cell phones
- Co2 cartridges (100+ total)
- Pallets with nails
- Bottles and cans
- Construction lumber
2022 Police Department Data
- 35 logged officer contacts (to date - 13 weeks)
- Estimate 48 contacts for full 18-week season
- Cost of police officer time ($100/hr x 30 min per contact) = $1,750 (13 weeks)
- Estimate $2,400 for full 18-week season
- 2 formal citations issued (13 weeks)
- Estimate 3 for full 18-week season
- Cost of private beach security patrols = $11,100 for full 18-week season
Following consideration of the information contained in this report, Council is being asked to provide direction to staff about the future of the Beach Fire Management Pilot Program. Specifically, staff is seeking answers to the following questions:
- Should the Pilot Program be extended, or permanently ended after September 15, 2022?
- If the Pilot Program is extended, should the rules remain the same?
- If the Pilot Program is ended, what course of action should the City take on beach fires moving forward (e.g.: allow/prohibit)?
Based on this high level direction from Council, staff will return at a future meeting with the appropriate actions for the Council to consider. If the Pilot Program is extended, this will involve an amendment to the existing Coastal Development Permit (CDP 18-231) to include the extension. If Council chooses to end the Pilot program and make the Beach Fire Management Program permanent, staff will return with the appropriate Coastal Development Permit and an amendment to the City’s Local Coastal Program (LCP). Or, if the Council decides to end the Pilot Program and prohibit beach fires permanently, staff will return with the necessary amendment to the City’s LCP.
ENVIRONMENTAL REVIEW:
The Pilot Program is categorically exempt from CEQA requirements pursuant to Section 15306 (Class 6) of the State CEQA Guidelines. Class 6 exemptions include data collection, research, and experimental management activities which do not result in a major disturbance to an environmental resource. These activities may be part of a study leading to an action which a public agency has not yet approved or adopted.