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Home My WebLink AboutCC AG PKT 2014-04-28 #L F SEAL"6 ,1 AGENDA STAFF REPORT J DATE: April 28, 2014 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Patrick Gallegos, Administrative Manager SUBJECT: BEACH PICNIC TABLES SUMMARY OF REQUEST: That the City Council review the recommendation of the Recreation and Parks Commission regarding implementation of an encroachment permit program for picnic tables on the beach, and provide direction to staff regarding whether to pursue such a program. BACKGROUND AND ANALYSIS: In April 2013, staff received a complaint from the public regarding picnic tables that had been permanently placed on the beach along the southern end of the City's coastline adjacent to Seal Way. These encroachments onto the public beach were not allowed under the current provisions of the Municipal Code. On May 2, 2013, the City mailed a courtesy notice to the residents along Seal Way between the 1001 to 1639 block to inform them that picnic tables were not permitted on the public beach and to request that all structures be removed within seven days. On May 13, 2013, a number of residents spoke at the City Council asking the City Council to allow the picnic tables to remain. In response, the City Council requested staff to review the section of the Municipal Code that governs encroachments on the beach. On June 24, 2013, the City Council instructed staff to prepare an ordinance to allow volleyball poles installed on the beach by the City to remain and to allow residents to place benches on the dry sand as long as the benches were removed each day at sunset. On July 22, 2013, the City Council considered the proposed Municipal Code amendment. Some of the residents who were at the meeting voiced concerns about the proposed ordinance. In response to these concerns, the City Council referred the issue to the Recreation and Parks Commission for further study. Agenda Item L RECREATION AND PARKS COMMISSION: The Recreation and Parks Commission ("Commission") took up the issue of beach encroachments at its September 25, 2013 meeting. Some of the residents in attendance voiced support for allowing picnic tables to remain on the beach. The Commission studied several possible solutions to the issue; including whether the City could install tables on the beach and whether to allow private parties to place picnic tables on the beach with an encroachment permit. On February 26, 2014, the Commission voted unanimously to support a draft encroachment permit for beach picnic tables. The permit program would require applicants to: (1) provide proof of residency in the City; (2) identify where on the beach the table would be located; (3) place an affixed placard identifying all tables placed on the beach as a public table. A maximum of twenty permits would be granted. Permits would be granted on a first come, first served basis, but there would be a pre-registration period to allow residents with existing tables to apply before new applicants. Permittees would also be required to include the City as an additional insured as is the practice with other encroachments throughout the City. At this time, the City Council is asked to consider the Commission's recommendation and provide direction to staff regarding whether to pursue implementation of a beach picnic table encroachment permit program. If so directed, staff will review the practical and legal issues involved; which include but are not limited to liability and accessibility issues and California Coastal Commission policies. After staff has reviewed these issues, the matter would be brought back to the City Council for further consideration. ENVIRONMENTAL IMPACT: No environmental review is required at this time. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: No fiscal impact at this time. RECOMMENDATION: That the City Council review the recommendation of the Recreation and Parks Commission and provide direction with regard to an encroachment permit program regulating the placement of permanent picnic tables on the public beach. Page 2 SUBMITTED BY: NOTED AND APPROVED: Patrick Gallegos 00. Ingram, City "a ager Administrative Manager Prepared by: Tim Kelsey, Recreation Manager Attachments: A. Draft Picnic Table Encroachment Permit Page 3 City of Seal Beach City of Seal Beach Beach Picnic Tables s 211 Eighth Street s Seal Beach,CA 90740 Encroachment Application (562)431-2527 x:1341 .gC►FORN j Application & Permit • Encroachment. • or Contact Name: Organization: Address: Home: ( ) City: Cell: ( ) State: Zip: E-mail: Location Information Requested Location (Closest Street): Please mark on the map the preferred location for the placement of the bench Seal Beach Pier y Playground ti 4,irfbnaal American Manageme 1 Experts JavaJosh Black Marble of Los Angeles,Inc Enterprises,Inc Consulting 7> ti O v�q MEitinePn`° 7 �P �7 .Z ~' cronin pools ZC�� _ and patios Ode Dolphin k Market 1500 Conditions This is NOT A PERMIT but rather a beach picnic table encroachment application. The City will review your application and a permit will be issued if all conditions are met and if there is space available. The City will only authorize a maximum of 20 picnic tables on the beach. Beach picnic tables will be acquired through first come first serve of bench space to eligible applicants. Applicants must also show proof of residency (water/electric bill, rental agreement, or another form deemed valid by the City). In addition, the applicant will need to sign a legal contract agreement between the City and the applicant which shall pay all permit fees and list the City as additionally insured before a permit is approved. The permit is only valid for three years. Please review the next page and initial each condition. Please initial each section indicating that you have read and understood the Beach Picnic Table Encroachment Application and shall meet the conditions of the permit in its entirety. A serial number will be assigned to the permitted which shall be permanently affixed to the picnic table and will identify the owner of the bench. All picnic tables on the public beach are for public use and no user will be discriminated against for any reason. Picnic tables shall have signage affixed identifying the bench for public use. Tables must not be chained cemented into the ground, affixed to a wall or any other permanent feature on the beach. It is the responsibility of the permittee to maintain the table and the area immediately surrounding the bench. The City shall have the right to determine the proper care of the table and area surrounding the picnic table. Permittee shall be notified by the City if this condition is not met and shall have 2 days to meet this condition. Applicant must submit a picture of the bench with this application before an agreement can be executed. The City reserves the right to have any table removed with written notice to the permittee. Reasons for removal of a table shall include inability of permittee to meet conditions, public safety concerns, and/or any other reasons that violate the policies of the City. If a permittee is not in compliance, the bench will be removed at the sole cost of the permittee. I agree to defend, indemnify and hold harmless the City of Seal Beach and its officers, employees, and agents harmless and free from any liability of any nature, including but not limited to liability for damage or injury to any persons or property costs and attorney's fees arising out of or in connection with the use of City recreational facilities regardless of whether the City was actively or passively negligent, either solely or contributory in connection with such liability. I, the undersigned, do hereby agree that we will abide by the policies governing the use of this facility and I will be responsible for any damages to the facility or equipment caused by the occupancy to the premises. Applicant Signature: Date: