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HomeMy WebLinkAboutCC AG PKT 2013-01-28 #A EA t4 AGENDA STAFF REPORT DATE: January 28, 2013 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby, Assistant City Manager/Public Works SUBJECT: SEAL BEACH PIER SUMMARY OF REQUEST: The proposed City Council action will receive and file the presented information concerning fishing on the pier. BACKGROUND AND ANALYSIS: At the November 13, 2012 City Council meeting, Councilmember Deaton requested that staff formalize a report to consider fishing limits on the pier, including the possibility of specific fishing times, specific areas for fishing as well as the prospect of issuing citations for fishermen who are not in compliance with the rules. These proposed limits were requested in order to improve the cleanliness of the pier and safety of those visiting. On March 2, 1983, the center section of the Seal Beach pier was destroyed by a storm. In order to fund the reconstruction of the pier, the City entered into an agreement with the Department of Fish and Game on December 12, 1983 (Attachment A). As part of the terms and conditions, the City agreed to not establish fishing restrictions on the pier at any time except when necessary for maintenance, repair, public safety, and security or for protection of the structure or facilities. In return for meeting the terms and conditions of the agreement, the Department of Fish and Game provided funding to rebuild the pier. The term of this agreement was for 25 years and was set to expire on December 12, 2008. However, the City amended the agreement (Attachment B) with the Department of Fish and Game on February 15, 2007 to help fund the replacement and rehabilitation of the worn surface decking over most of the 1,640 foot length of the pier. As such, the terms and conditions of the original agreement were extended to December 12, 2033. Hence, staff has determined that the City does not have the ability to restrict fishing times and locations on the pier as a result of the agreement with the Department of Fish and Game except when pier fishing imposes a safety threat Agenda Item _ A to persons on the beach or in the water per Seal Beach Municipal Code, section 9.05.065 (A). In addition, senior volunteers and police officers will work together to make certain that public safety on the pier is preserved and that the City's municipal code is enforced. Despite the City's inability to completely restrict fishing times and locations, there are a few actions that staff can take to ensure that the pier remains clean and safe. The following are those actions: Increase Enforcement of the Seal Beach Municipal Code The police department will increase patrols on the pier, utilizing senior volunteers on patrol to monitor the pier for violations of Chapter 9.05 (Beaches and Piers) of the Seal Beach Municipal Code, specifically: - Smoking on the pier - Defacement of the pier (i.e. cutting bait on non-approved pier surfaces, screwing fishing poles into pier surface, etc.) - Overhead casting - Littering Senior volunteers will contact a police officer should a violation warrant such action. A request for a police officer may be prompted by an offender who poses a threat to himself, another person or a senior volunteer. Senior volunteers will be the primary enforcement officers with police officers assisting as needed. In addition to increased patrols on the pier, Marine Safety staff will continue to look for threats to public safety in the water, on the beach, and on the pier. Educate the Public Staff will educate the public by disseminating information about pier regulations on the City's website, at events, via newsletters, and SBTV-3. Staff will also reach out to the fishing community through local fishing publications and websites as well as creating -flyers to distribute to -fishermen on the pier. In addition, flyers will be posted on the bulletin board at the base of the pier and on the lifeguard's fishing and surf conditions bulletin board. Materials will be published in various languages in order to maximize the education component. Improvements to the Pier Staff is currently working on designs for pier modifications, specifically structural, decking, and utility improvements. These irriprovements will also include the installation of additional bait cutting stations on the pier. Staff will identify the appropriate number and location of bait stations to be installed on the pier, which, in combination with enforcement and the education campaign, should drastically reduce the cutting of bait on benches or other parts of the pier. Maintenance of the Pier Maintaining the cleanliness of the pier is of primary importance and as such, staff will ensure that the frequency of trash collection is sufficient to meet the demand. In addition, informational and directional signage will be posted to inform Page 2 residents and visitors of the City's Municipal Code (Beaches and Piers) as well as to direct fishermen to the proper locations for bait cutting and disposal. Additionally, staff is in the process of examining National Pollutant Discharge Elimination System (NPDES) approved cleaning devices that might have the potential to clean the pier without violating state and federal storm water runoff regulations. The NPDES permitting program was established as a result of the Clean Water Act. The Clean Water Act prohibits the discharge of any pollutant to navigable waters from a point source unless the discharge is authorized by an NPDES permit. Cities and counties are regulated 'through permits issued by the Regional Water Control Boards. The main permit requirement is to prevent harmful pollutants from being dumped or washed by storm water runoff, into the storm water system, then discharged into local water bodies. As a result, the City may not pressure wash the pier or cause water to runoff into the ocean as it would be a violation of the NPDES permit. This makes cleaning the pier more difficult, but not impossible. Should staff locate a cleaning device that is effective and not cost prohibitive, staff will pursue funding. ENVIRONMENTAL IMPACT: There is no Environmental Impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: Cost of items is accounted for in current budget. RECOMMENDATION: It is recommended that the City Council action receive and file the presented information on the pier. SUBMITTED B NOTED AND APPROVED: ad I 2-imAw Sean P. Crumby fil99- Ingram, City an ger Assistant City Manage /Lublic Works Prepared by: Patrick Gallegos, Administrative Manager Attachments: A. Original Agreement B.Amendment No. I Page 3 "^LE$TED-1�.���OR}TED�RE'2'LFR27 T4 ' M ii"WIT Om ih%deftamt r Mrewdied--le ' teem by the Stan d Cet60W"Weer obwKMsn 'State of California Itasouroes Amoy awn et'00;a- 6M4'14 P"""V=0 4 IF I)epartmant of Pinh and tame 'Resourees MIding 2 1410 — 9th Stroe*t 9aoramonto, California 95814 ifECtiRQCti!tt OFFiClRL R�CDRAS LEASE AND OPERATING AGREEMENT aFitRANOEOOUNiY,CAtlFak:liX FOR -2EQ PM FEB 14'64 . SEAL BEACH FISHING PIER LEE A.BRANCH,County Ricorder ,This Lease and Operating Agreement is made and entered into this _.J day of �� 1983, between the CITY OF SEAL BEACH, hereinafter called "Operator" and the STATE OF CALIFORNIA, acting through the Department of Fish and Game, hereinafter called "State," Operator and-State hereby agree as follows: I. RECITAL'S 1, Operator has under its control certain tidelands on which is•situated-the Seal Beach Fishing Pier, 2, Operator and State desire to use said lands for continued use as .a public recreational facility called the Seal Beach i Fishing Pier and provide for its reconstruction, renovation, s operation and maintenance on a cooperative basis, said activity herein referred to as the "Project," 3. The lease of Operator's lands to State for purposes of the Project and the reconstruction, renovation, operation and maintenance of the Project for the term hereof is in accordance with the authorization of Stage's Wildlife Conservation Board on May 24, 1983, and Operator's Resolution No. 3269. II. GENERAL TERMS AND CONDITIONS 1. PROTECT NAME: The name of this protect is the Seal Beach Fishing Pier or the Seal Beach Pier. Either name shall be used in all documents, signs, publications, brochures, general literature or news releases, .and Operator shall not rename the project or change any project signs without the approval of State, and than only for reasons of changed conditions or overriding public or historic importance. 84-003426 Page 2 2. AGREEMENT: This- agreement incorporates'by reference Exhibit A. Standard Terms and Cdnditions; Exhibit B, Seal Beach Fishing.Pier plans; and Exhibit G. Seal 'Beach Municipal Pier Legal Description. 3. PROJECT- FINANCING: State will pay Operator for the development of the project in accordance with that Standard Agreement WC--1116, and Operator-will match State funds expended. 4. LEASE OF PROJECT LANDS: Operator will, for the.term of this agreement, grant and convey to the State certain rights and interests in the land described in Exhibit C, and as more particularly provided in Exhibit A of this agreement. 5. ADDITIONS OUTSIDE PROJECT AREA: It is understood .that any alterations, additions, and/or improvements to any structure or facility constructed by Operator at its own expense and which ar� not within the project area as described in Exhibit C are not ubject to °the terms and conditions of this Agreement, except t at no such alterations, addition and/or improvements which ar adjacent to said project area or encroach upon the fish ng space normally used- in fishing from said area which mi ht restrict or interfere with the primary purpose of the p eject shall be permitted without mitigation measures acceptab e to State, and only with the express written approval of State It is understood that no fixture shall be con5tructed- or place adjacent to the described project area which might restrict or-interfere-with the primary purpose of the project. 6, NOTICES: i Notices required between the Operator and State will be �eemed to have been given when mailed to the respective addresse below; first—class postage fully prepaid thereon: To Opera or: City of Seal- Beach City Hall, 211 Eighth Street Seal Beach,CA 90740 To State- Department of Fish and Game 1416 Ninth Street Socramento,CA 95014 I I i f Page 3jiEki CITY OF SEAL. BEACH STATE OF CALIFORNIA Department of Fish and Game V�Eic3�EE©tdnsstvestl`on perars! BY :Manager _BY BCUtEve•01'Ecmr Da Signed, + Date Signed_ ATTEST: I hereby certify that all conditions for exemption set forth In State administrative Manual Section 1209 have been complied with and this document is exempt from review by the Department of Finance, APPROVED BY s � � iRU1,M F� bUbll � 15.-partm:nt of Genoral S*ry ces i bEP DIRBCTaIt ACKNOWLEDGMENT OF SIGNATURE STATE OF CALIFORNIA COUNTY OF ORANGE On December 29, 1583, before met the undersigned, a Notary Public in and for the State of California, personally appeared ALLEN J. PARKER, known to me to be the person whose name is sub- scribed to the within instrument, and acknowledged that he executed the LEASE'AND OPERATING AGREEMENT FOR SEAL BEACH FISHING PIER, on December 23, 1983. ter' BE TAD. O Notary Public in and for aid County and State orfr(CIAL SEAL �afSE RT�St7 R C�3NXALES No7Ar,Y.,?MIC-CAUPORNIA R ,1AGF(IOUfiiY MY t 'a�{rlres va IQ Ion 0470634426' Project: Seal Beach fishing Pier EXHIBIT A STANDARD TERMS AND CONDITIONS TO LEASE AND OPERATING AGREEMENT I. LEASE 1. LEASED PREMISES: Operator hereby leases to State and State hires from Operator those certain lands described in Exhibit C hereof for the purpose of the construction, operation and maintenance of the Project. 2. RENT: The sole consideration of this lease shall.be the public use and benefit resulting from the Project. 3. PURPOSE AND. USE: The leased premises and every part thereof shall be used only for sport fishing and recreation or activities not incompatible thereto. Subject to Paragraph 9.hereof, Operator may use the premises for temporary br special purposes through agreement with others. The premises.and project facilities shall be available without charge, and there shall be no restrictions.to public ingress. or egress at any time except when necessary for maintenance, repair, public safety, security or for protection of the structure or facilities. 'Operator shall notify State within 48 hours of making such closures. 4. TERM: The term of this agreement is twenty-five (25) years, commencing with the date hereof. This agreement may be extended or amended upon mutual agreement of the parties hereto, or terminated as hereinafter provided. 5. TITLE 'ASSURANCES: Operator shall retain ownership of or rights in all land within the Project area, subject to this Agreement, and shall not sell, exchange, transfer, mortgage, or convey in any manner all or any portion of the real propefty described in Paragraph 1, or any land required for access thereto, without advance written approval of State. Operator warrants that there shall be no encumbrance, lien, easement, R __ �:=.�;�,7"�1.,...t=��AC.�_M�3t�4C.t�.�1�--- '�'It:t�•• �..' h�.:�-..f���a��i.f'�"1c�t'�t 8 -0'6`3426 TPa.�s t 4 lot i 6 � Y�LL 11-r C _ �2�✓S°k3.'W ,.Sot 8.4 Ot34-2Ei E :. . IT SEAL BEACH MUNICIPAL PIER LEGAL DEWRIPTION 'Commencing -at- the northeast corner'of Lot N.S, Block,07, Tract.-No. 2, Seal Beach Tract, Bay City, as recorded in-M.N. 9-•3. -Records of Orange County, said point-also lying on the southerly right—of---way line of O'cean Avenue; Thence, S 58°43'E, along said Tine 465 ft, to,-the true point of 'beginning;. Thence. continuing S~58°43'E 20Jt: Thence, S 31'17'W--645 ft,; Thence, S 58°43'E 25 ft.' Thence, 'S 31"17'W 1226 ft.; Thence, n'58°43'W 70 ft., Thence, N'31'17'E 1226 ft., Thence. S 58°43'E!25 ft., Thence, N 31°17''E 645 ft. to-the true point oF beginning.- (Said area contains approximately 21 acres.). i .84-063426 Page 2 license, title, cloud or other interest which may intefere with the Project or use thereof by the public. II. CONSTRUCTION OF PROJECT 6. CONSTRUCTION OF PROJECT: State, by separate agreement, will construct,. or cause to be constructed, the Project which is the object of this Agreement. III, MAINTENANCE AND OPERATION 7, MAINTENANCE: Upon satisfactory completion .of the Project construction, operator shal.l'provide all normal Project maintenance and operation for and 1n accordance with the purposes' expressed and, except for natural occurrences beyond the control -of the Operator, or "Act of God", shall make all_reasonable.and necessary repairs, replace broken, damaged or worn structural components or fixtures so as to keep the structures and facilities in a safe usable condition, and perform housekeeping operations as required so as to keep the premises and improvements clean, attractive, and free of accumulations of litter, garbage, or debris. Equipment and materials not needed for daily operations of Operator shall not be stored or stockpiled on the premises. D. ADDITIONAL IMPROVEMENTS: Upon completion of the Project construction, State shall not be obligated to make or cause to 'bo-madb any farther alterations. Improvements or repairs to any structures or facilities within the Project area. However, Operator may at its own cost, place or construct on the premises any structures, alterations or improvements in addition to those set forth and described-herein" as the Project, provided that they: (a) are for the enhancement of public access to recreational fishing-, (b) are constructed, maintained and operated for the use, enjoyment, service and protection of the public; (c) do not directly or indirectly reduce, restrict or interfere with the primary purposes of the Project; and (d) have the prior written approval of the State. Page 3 9. CONCESSIONS: Operator may enter into agreements with others to provide services, conveniences or facilities to complement the Project improvements provided that: (a) the purpose of any such agreement is consistent with the purposes and uses described herein; (b) any revenues received by Operator from such concession agreements be deposited in a special account identified with the Project and be used solely for operation and i maintenance of Project; t (c) Operator maintains adequate records. of revenues and expenditures relating to any such concession! agreements and make them available for audit when requested by State; and ! t (d) such agreements be approved by State prior �o award. i IV. GENERAL PROVISIONS 10. ASSIGNMENT: Operator shall not assign this agreement in i whole or in- part,. nor delegate any of its rights duties or interests herein without the advance written pproval of State. 11. LIABILITY: Operator hereby waives all claims and .recourse against State including the right to contributions for any i loss or damage arising from, growing out of, or in any way connected with or incident to this agreement or the Project, except claims arising, from the concurrent or sole negligence of State, its officers, agents and employees. Further, Operator shall indemnify, hold harmless, and defend State, its officers, agents and employees- against any and all claims. demands, damages, I costs, expenses or liability arising out of the design, construction, operation, maintenance, existence or failure, of the Project. If State is named as co—defendant pursuant to Government Code Sections 845. et seq., Operator shall notify State and represent it, unless State elects to represent itself, in which case State shall bear its own litigation costs, expenses and attorney's fees. 12. INDEPENDENT CONTRACTOR: Operator and any of its officers, agents and employees shall, in the performance of this agreement, :f84-063426 Page 4 act in an independent capacity and not as officers, agents or employees of State. 13. NON-DISCRIMINATION. Operator hereby certifies that in the performance of its responsibilities and duties under this agreement and in the administration of any concession agreement for services or accommodations, it will comply with all State and federal non-discrimination laws, and the area will be open and accessible for the use and en oyment of the general public on equal and reasonable ter s. Any contracts for construction of the Project facilities sha 1 contain a clause that there shall be no discrimination against any employee who is employed in the work covered b such contracts or against any applicant for such employment b cause of race, creed, religion, color, age, national or gin, sex or physical handicap. 14. BREACH: In the event Operator breaches any of he terms and conditi-ons of this agreement, State may, u on written notice to operator of such breach, require"Ope ator to commence in good faith to remedy the breach within ninety (DO) days of the notice, or a reasonable extension of this period I In case of !an emergency situation which is beyond the control of Operator, If Operator fails to remedy the breach in" the time allowed, State may at its option terminate the agreement giving notice as hereinafter provided, or correct any deficie cy or cause of breach and charge Operator all costs in c nection therewith, including administrative costs. In the.event State elects to terminate the agreement, it may at its option (1) retain the rights granted under paragraph 1, hereof for the full term of 'this agreement and operate the Project itself or with other agencies to permit State's investment to be fully amortized, or (2) require Operator to remit all funds contributed by State for the development of this project, with the amount prorated to the remaining .term of this, agreement. 15. WAIVER OF RIGHTS: It is the intention of the parties to this agreement that from time to time either party may waive 84-063426 Page 5 certain of its rights under the agreement. Any such waiver by the parties hereto of their rights with respect to default or any other matter arising in connection with this agreement shall not be deemed to be a waiver with respect to any other default or matter, 16, REMEDIES NOT EXCLUSIVE: The. use by either State or Operator of any remedy specified in .the Agreement for the enforcement of the Agreement is not exclusive and shall not deprive the party using such remedy, or limit the application of ,any other remedy provided by law. 17. SUCCESSORS. AND ASSIGNS: This agreement and all its provisions shall apply,to and, bind the successors and assigns of the parties hereto. 18. OPINIONS AND DETERMINATIONS: Where the terms-of the Agreement provide for action to be based upon the opinion, Judgment, approval, review, or determination of either State or Operator, such terms are not intended to be and shall never be construed as permitting such opinion, Judgment, approvaT, review or' determination to be arbitrary, capricious or unreasonable, 19. PROJECT SIGNS: A project sign will be provided as a part of the .project improvments, installed within the Project area, and maintained by Operator showing the name of the Project, the Operator and the State agency or agencies involved. The location and makeup of the Project sign, .including dimensions, materials and lettering shall be as mutually agreed upon by Operator and State. Directional signs shall also be installed d maintained by Operator as required on or off the site t direct the public to the Project or Project facilties, r for safe and appropriate public use of the area and Project facilities. AMENDMENT NO. I TO LEASE AND OPERATING AGREEMENT FOR SEAL BEACH FISHING PIER,ORANGE COUNTY THIS AMENDMENT TO AGREEMENT is made and entered into this I Sth day of February 2007, by and between the State of California, DEPARTMENT OFFISH AND GAME, acting by and through the WILDLIFE CONSERVATION BOARD, hereinafter called STATE, and the CITY OF SEAL BEACH, hereinafter called CITY. a WHEREAS, the parties heret:6 entered into a Lease and Operating Agreement dated December 12, 1983,for the operation and maintenance of lands and developments of the STATE known as the SEAL BEACH FISHING PIER, hereinafter "Project"; and WHEREAS, the State on February February 15, 2007, approved matching funding for the repair and rehabilitation of the Project based upon the request and design submitted by the City and allocated funds therefore; and- WHEREAS,the parties hereto desire to provide for the operation and maintenance of the Project with the approved repair and rehabilitation. WHEREAS,the parties hereto desire to extend the term of said Lease and Operating Agreement. NOW THEREFORE, it is mutually agreed by and between the parties hereto that said Lease and Operating Agreement Is hereby extended to December 12, 2033. Except as herein amended, all terms and conditions of said agreement shall remain unchanged and In full force and effect. State of California CITY OF SEAL BEACH DEPARTMENT OF FISH AND GAME WILDLIFE CONSERVATION BOARD By John P. Donn4 David Carman By( Executive DIrMor City Manager Approved: APPROVED STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SEP - 7 W OF GENERAL SERVICES