FOREST & BEACH COMMISSION: Agenda Item regarding 'Issues of Allowing Fires on Carmel Beach'

“MINUTES”
CITY OF CARMEL-BY-THE-SEA
FOREST AND BEACH COMMISSION
2 July 2009
Thursday
1:30 p.m.

I. CALL TO ORDER AND ROLL CALL:
The regular meeting of the Forest and Beach Commission of the City of Carmel-by-the-Sea, California was held on the above date at the hour of 1:30 p.m. Chairperson John called the meeting to order.

PRESENT:
Joe Ford (Chairperson)
Kathleen Coss
Nancy John
Les Kadis
Vicki Lynch

ABSENT: None

STAFF PRESENT:
Mike Branson, City Forester
Margi Perotti, Administrative Coordinator

VI. ORDERS OF BUSINESS
1. Discussion of fires on Carmel Beach and provide a recommendation to the Planning commission regarding the management of beach fires.

Mike Branson City Forester presented the staff report.

Chairperson FORD opened the public hearing.

Approximately twenty-five speakers appeared before the Commission; the vast majority of public speakers spoke in favor of continuing the long established tradition of fires on Carmel Beach.

Chairperson FORD closed the public hearing.

Commissioners Nancy John, Vicki Lynch, Les Kadis, Kathleen Coss and lastly Chairperson Joe Ford concurred that the banning of fires on Carmel Beach was “not an option.” There was a consensus that the City of Carmel-by-the-Sea is not adequately maintaining Carmel Beach; public education must be a priority; and solutions to charcoal remnants and the removal of other debris can be found.

Commissioner KADIS moved to recommend to the Planning Commission that fires on Carmel Beach continue, a campaign of education and awareness about Beach Rules be instituted and the budget allocation for Carmel beach cleanup be increased to at least double the current expenditure, carried by the following roll call vote:

AYES: COSS, JOHN, KADIS, LYNCH, FORD
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE

ADDENDUM:
View Internet Petition against banning open fires on Carmel Beach; approximately 1200 People, with Name, Address, City, State and Email.

ABSTRACT: An Agenda Item on the Forest and Beach Commission’s Agenda for Thursday, 2 July 2009, is a “Discussion on the issues of allowing fires on Carmel Beach and provide a recommendation to the Planning Commission regarding the management of beach fires.” Applicable selected sections of the FOREST AND BEACH COMMISSION AGENDA and Staff Report, including a MEMORANDUM, BEACH RULES and Carmel-by-the-Sea Municipal Code, Article IV. Beach and Riparian Overlay District, 17.20.200 Regulations Incorporated from Other Titles, are reproduced. The Staff Report identifies several possible options for discussion, including 1. Status quo. Continue with the current regulations and part-time cleanup efforts; 2. Ban fires from the entire beach; 3. Allow fires only in designated fire rings; 4. Restrict the number of fires allowed through a permit process; 5. Further reduce the areas where fires are allowed; and 6. Other possibilities?


CITY OF CARMEL-BY-THE-SEA
FOREST AND BEACH COMMISSION
REGULAR MEETING AGENDA
Thursday, 2 July 2009
Tour of Inspection – 1:30 p.m.
Regular Meeting – 2:00 p.m.

City Hall, Council Chambers
East side Monte Verde St. between Ocean & 7th Avenues
Carmel, California

I. CALL TO ORDER AND ROLL CALL

COMMISSION MEMBERS:
KATHLEEN COSS
JOE FORD, CHAIRPERSON
NANCY JOHN
LESLIE KADIS
VICTORIA LYNCH

II. TOUR OF INSPECTION

Shortly after 1:30 p.m. the Commission will leave Council Chambers for an on-site Tour of Inspection of all properties listed on this agenda (including those on the Consent Calendar or Orders of Business). Prior to the beginning of the Tour of Inspection, the Forest and Beach Commission may eliminate one or more on-site visits. The public is welcome to follow the Commission on its tour of the determined sites. The Commission will return to Council Chambers as soon thereafter as possible to deliberate on the below listed items.

VI. ORDERS OF BUSINESS

1. Discussion of fires on Carmel Beach and provide a recommendation to the Planning commission regarding the management of beach fires.


MEMORANDUM

TO: Joe Ford, Chairperson
Members of the Forest and Beach Commission

FROM: Mike Branson, City Forester

DATE: 25 June 2009

SUBJECT: Discussion on the issues of allowing fires on Carmel Beach and provide a recommendation to the Planning Commission regarding the management of beach fires.


Staff has been directed to present the issues of fires on Carmel beach to the Forest and Beach Commission for discussion and for the commission to present a recommendation to the Planning Commission regarding beach fires.

Fires have always been allowed on Carmel Beach. Over the years various regulations and restrictions on the size and location of fires have been implemented by the city to minimize some of the negative effects unregulated fires have on the quality of the beach experience for all beach users. Some of the major issues raised by fires are: staining of the white sand from the charcoal, burning trash and garbage, burning wood with nails or other non-natural items, excessively large fires, late night fires, drifting smoke, burns from fires covered with sand, and injuries from remnants of trash and debris placed in fires.

The current beach fires rules and Municipal Code (attached) have evolved in an effort to minimize the detrimental effects of fires on the quality of the beach environment and a visitor’s beach experience.

Designating fires only south of Tenth Ave. was implemented to prevent discoloration of the sand slopes north of Tenth Ave. to the Del Mar area. The beach south of Tenth Ave. experiences a more regular natural sand erosion and deposition cycle which arguably “cleanses” the sand. Unfortunately this sand cycle does not impact all areas of the beach where fires are allowed every year, leaving some sections untouched for several seasons.

Recently, a few people have proposed banning fires due to discoloration of the sand not only in the permitted areas but along the entire beachfront as the charcoal is redistributed by wave and tide action. Additionally, the potential harm to sea life from charcoal being washed into the ocean has been mentioned as a reason for banning fires.

For the past years, from the first part of summer to mid-fall, the city has used temporary workers on a weekly basis along with staff to cleanup the charcoal and partially burned wood from the beach. This effort has appeared to make an improvement in the appearance of the beach sand and significantly reduced the amount of charcoal on the beach. There is still some visual evidence of the fires since the very fine material cannot be effectively separated from the beach sand. The Carmel Residents Association also sponsors a monthly beach cleanup that helps with the charcoal removal from the beach.

The city tried using fire rings in the past but not at the exclusive fire locations. These rings became loaded with large amounts of burned and partially burned trash and seemed to be perpetually smoldering. The area around the rings also becomes heavily stained from charcoal blowing out of the ring or spilling over the rim.

The appreciation for the ambiance and special nature of Carmel Beach is shared by all beach users, residents and visitors alike. However, some people think that a small open fire accentuates the beach experience while others believe fires to ultimately be a detriment to the character and charm of Carmel Beach.

Several possible options are open for discussion on this issue:

1. Status quo. Continue with the current regulations and part-time cleanup efforts.
2. Ban fires from the entire beach.
3. Allow fires only in designated fire rings.
4. Restrict the number of fires allowed through a permit process.
5. Further reduce the areas where fires are allowed.
6. Other possibilities?

Implementation of any one or combination of these strategies will require significant amount of public education and enforcement.

Carmel is not alone in dealing with the issue of beach fires. A quick internet search found the discussion of beach fire management a controversial issue in California, Florida, Washington, the Great Lakes, along the Atlantic coast, Canada, Great Britain, and Australia.

BEACH RULES

If you plan on having more than fifty people, catered food, support of any commercial enterprise, require any type of city staff support (personnel or equipment), use of a generator or request an exemption from current City Codes, rules, regulations, restrictions, and policies governing activities on City property, then you may be required to obtain a Special Event Permit, if you require a permit you will need to provide the city with a Certificate of Liability/Endorsement Page. Please call for complete insurance requirements. Please contact us well ahead of your event when requiring a permit, minimum of 90 days.

For large gatherings we recommend that you notify residents in the immediate neighborhood of an upcoming event so that they will be less alarmed about any noise or increased traffic generated.

We hope you enjoy a lovely event and thank you for your cooperation with the following regulations. It would be our wish that you take away beautiful memories and leave only your footprints.

If you have any questions or require a Special Event Permit, please contact Cindi Lopez, Community Services at (831)620-2020, PO Box CC, Carmel-by-the-Sea, CA 93921 or email at srana@ci.carmel.ca.us.

I. NOISE REGULATIONS: Live music and sound production equipment are not allowed.

II. CATERED FOOD: You may be required to obtain a Special Event Permit if you plan on having your event catered. The caterer will need to have a valid business license with the City of Carmel-by-the-Sea. The license can be purchased at City Hall in the Community Planning and Building Department.

III. FIRES: The following restrictions apply to fires on the beach:

1. All fires must be extinguished by 10:00PM.
2. Fires are permitted only south of 10th Avenue.
3. No fires larger than 3’ x 3’ x 3’.
4. All fires must be at least 25 feet from the slopes.
5. Do not burn trash or any wood containing nails or sharp objects.
6. Extinguish fires with water not sand. Leave the coals open and visible to pedestrians.

IV. TEMPORARY STRUCTURES and ENCLOSURES: Tents, canopies or similar structures and enclosures are not allowed. You must provide your own garbage cans/bags and recycle bins in order to leave the area litter-free. It is your responsibility to leave the area you use clean. NO HAY BALES!

V. ALCOHOL/SMOKING: Alcohol is allowed only on the beach. No alcohol is allowed on the roadway, the pathway, or after 10:00 p.m. NO SMOKING IS ALLOWED ON THE SCENIC PATHWAY, ACCESS TO THE BEACH OR ON CARMEL BEACH PROPER.

VI. FOOT TRAFFIC, ACCESS TO THE BEACH:

1. Only use stairways or designated points for Beach Access. No foot traffic allowed on beach bluffs.
2. Do not throw items such as firewood, chairs, barbecues, etc. down or over the beach bluffs.

VII. PARKING: Parking is allowed without charge along Scenic Road until midnight.

Carmel-by-the-Sea Municipal Code
Article IV. Beach and Riparian Overlay District
17.20.200 Regulations Incorporated from Other Titles.

The following regulations apply in the beach overlay district.
A. Riding on Beach. Equestrians are allowed on the beach without restriction.

B. Dogs on Public Beach and Park Land. It is unlawful for the owner or person having charge of any dog to permit the dog to run at large on any City-owned beach lands or on any City-owned park lands unless the owner or person having charge is also present and in control of the dog at such time as it is running loose.

C. Dogs on Scenic Road and the Beach Bluff Pathway. On Scenic Road from its eastern property edge to the base of the beach embankment between Eighth Avenue and the south City limits, all dogs and other animals shall be deemed running at large within the meaning of this chapter unless led or restrained by a chain, strap, or cord attached to their collars or harness that is actually held by a person or made fast to a stationary object.

D. Location and Time Limits on Beach Fires. No person, firm, corporation or other entity shall build, light, maintain, cause or permit to be built, lighted or maintained any open or outdoor fire on any public beach designated by the City after the hour of 10:00 p.m. No fires shall be permitted at any time on the slopes leading thereto within the City. This prohibition is applicable to all that beach and slope area lying west of Scenic Road and south of Ocean Avenue to the southern City boundary. No fires shall be permitted at any time on all that beach and slope area lying west of San Antonio from Ocean Avenue to the northern City boundary. The prohibition against all fires on all the beach that lies at or below the high tide line shall extend from 10:00 p.m. on the day it commences until 7:00 a.m. the following day.

E. Recreational Fires on Carmel Beach. All fires on Carmel Beach shall meet the following requirements:
1. Beach fires shall be used for cooking or warmth and shall be located on that part of the City beach property which lies south of an extension of the center line of Tenth Avenue and west of a line reached by the high tide; provided, that all of the following conditions are met:
a. The base of the fire shall be defined as the level at which the lowest burnable material or ash is located, and it shall be on the beach sand unless the fire is in a hibachi, charcoal grill or other like receptacle, in which case the base shall be a horizontal plane touched by the lowest burning material.
b. The burnable material used in the fire shall not extend more than two feet above the base of the fire.
c. Flames from the fire shall not extend into the air more than five feet from the base of the burnable material in the fire.
d. The longest horizontal straight-line distance through the base of the fire shall not exceed four feet.
e. Flammable liquids other than charcoal starter shall not be used in any manner in connection with starting or maintaining the fire.
f. No fire shall be built, lit, or maintained on any slope or within 25 feet of any wall, vegetation or combustible material not intended to be used in the fire.
g. All flammable coals, embers or burning material shall be extinguished with sea water by the person or persons building, lighting or maintaining the fire prior to said person or persons leaving the beach.
h. The extinguished remains of all fires shall be left exposed and not covered with sand.
i. Building, lighting, maintaining or causing or permitting to build light or maintain a fire in violation of any of the above conditions shall be an infraction.
j. Penalties. Any person who shall violate any of the provisions of this chapter that necessitates the response of the Fire Department shall be guilty of an infraction punishable by a fine of not more than $50.00 per hour or portion thereof, not to exceed $500.00.

NOTES:
“The $4,000 for charcoal cleanup on Carmel Beach is in the Public Works budget and is performed by hourly laborers on a weekly basis from early summer to mid-fall. So far in FY 2008-09 (July-October) $3,780.28 has been spent to pickup 12,060 pounds of charcoal. Other beach cleanup efforts are the weekly in-house trash pickup and the monthly CRA cleanup.”
(Source: CITY OF CARMEL-BY-THE-SEA, TRIENNIAL BUDGET, FISCAL YEARS 2009/10 - 2011/12, BUDGET QUESTIONS & ANSWERS)

EXPENDITURE SUMMARY
2009/10 Budget Summary
Public Works
Salary/Benefits: $ 685,452
Materials/Services: $ 484,690
Total: $ 1,170,142
(Source: CITY OF CARMEL-BY-THE-SEA, TRIENNIAL BUDGET, FISCAL YEARS 2009/10 - 2011/12)