HomeMy WebLinkAboutCC AG PKT 2015-09-28 #L AGENDA STAFF REPORT
DATE: September 28, 2015
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development/
Community Services
SUBJECT: UPDATE ON PICNIC TABLES ON THE PUBLIC BEACH
SUMMARY OF REQUEST:
That the City Council provide direction to staff with regard to the placement of
picnic tables on the public beach.
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 picnic tables on the dry sand as long as the tables 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
The Recreation and Parks Commission first studied the issue on September 25tH
2013. The meeting was attended by a number of residents who spoke in favor of
creating a permit process that allow the picnic tables to be placed on the beach
and used by the public. On February 26, 2014 the Commission approved the
recommendation of a draft permit that would allow the community to apply to
have a picnic table placed on the beach and be used by the public.
On April 28, 2014, the recommended draft permit application was presented to
the City Council for review (Attachment A). The Council unanimously voted to
forward the application for further legal review, which was completed. The
application outlined a number of requirements to apply for a temporary
encroachment permit to have a picnic table placed on the beach. These
requirements include indemnification of the City, provision of liability insurance, a
standardized picnic table, public access, and a limit on the number of permits the
City would issue.
At this time, staff is seeking direction from City Council on the following four (4)
options.
1. Take no action at this time,
2. Direct staff to consult with California Coastal Commission staff with regard
to implementation of an encroachment permit process.
3. Have all picnic tables and other encroachments removed from the public
beach.
4. Direct staff to bring back a budget item in the future to have the City install
public picnic tables on the beach.
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:
If the City Council directs staff to pursue Option 2 staff will bring back an
amendment to the Master Schedule of Fees and Charges prior to implementing
an encroachment permit. If the Council directs staff to pursue Option 4 a budget
item can be brought forward in a future budget.
RECOMMENDATION:
Page 2
RECOMMENDATION:
That the City Council provide direction to staff with regard to the placement of
picnic tables on the public beach.
MITT D BY: NOTED AND APPROVED:
m IBaham Jil Ingram, City Man er
irector of Community Development/
ommunity Services
Prepared by: Tim Kelsey, Recreation Manager
Attachments:
A. Draft Application
Page 3
%011ty of' seal Beach X",
City of Seal Beach
Beach Picnic Tables 211 Eighth Street
Encroachment Application Seal Beach, CA 90740
(562)431-2527 x1341
Application & Permit for Beach Picnic Table Encroachment. Please Type or Print.
Contact Name: Organization-
...................
Address: Home:
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City: (
State: Zip-,
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E-mail:
Location Information
Requested Location (Closest Street):
Please mark on the map the preferred location for the placement of the picnic table
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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 table will be acquired through first come first served based off of beach 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 pale 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 picnic table.
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 picnic table for public use.
Picnic tables must not be chained or cemented into the ground,
affixed to a wall or any other permanent feature on the beach.
It is the responsibility of the permitted to maintain the table and the
area immediately surrounding the picnic table. The City shall have
the right to determine the proper care of the picnic table and area
surrounding the picnic table. Permitted 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 picnic table with this
application before an agreement can be executed.
The City reserves the right to have any picnic table removed with
written notice to the permitted. Reasons for removal of a picnic
table shall include inability of permitted to meet conditions, public
safety concerns, and/or any other reasons that violate the policies
of the City. If a permitted picnic table is not in compliance, the
picnic table will be removed at the sole cost of the permitted.
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: