HomeMy WebLinkAboutCC AG PKT 2015-10-12 #M AGENDA STAFF REPORT
DATE: October 12, 2015
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development
SUBJECT: STATUS UPDATE ON THE PIER IMPROVEMENTS
AND POTENTIAL LONG TERM USE
SUMMARY OF REQUEST:
That the City Council receive and file this report and direct staff to continue
working with the State Lands Commission staff in renewing the Tideland Lease
Agreement and work towards making the necessary Pier improvements.
ANALYSIS:
Pursuant to City Council's direction, staff prepared a comprehensive cost
analysis for the required repairs and improvements for the Pier. In addition, staff
is currently working with the State Lands Commission to renew the existing
Tidelands Lease Agreement which is due to expire in June, 2016.
Every five (5) years the Public Works Department performs a general
assessment of the Pier's structural integrity. Typically, the assessment
concludes that minor repairs are necessary due to normal wear and tear and
costs associated to perform the repairs. However, due to the last Hurricane
(Hurricane Marie) in 2014, damage was sustained to the subsurface area of the
Pier impacting the cross bracings and thereby increasing the repair costs.
Also, staff solicited the services of the Moffatt and Nichol engineering firm to
evaluate the Pier's weight load factor to accommodate a one or two-story
restaurant building. Attached is the report that included the required additional
structural reinforcement to carry a maximum weight and costs to make the
improvements.
As the Council will recall, in 2014, the City entered into negotiations regarding a
potential restaurant on the pier. The City Council has the discretion to disclose
certain information concerning those negotiations, which would require
authorization from the City Council pursuant to Government Code Section 54963.
Agenda Item M
LEGAL ANALYSIS:
The City Attorney has reviewed this report and approved as to form,
RECOMMENDATION:
That the City Council receive and file this report and direct staff to continue
working with the State Lands Commission staff in renewing the Tidelands Lease
Agreement and work towards making the required repairs to the Pier.
SB, ITTE BY NOTED AND APPROVED:
i Basham J II Ingram, City Ma a er
rector of Community Development
Attachment:
A. Existing Tidelands Lease Agreement
B. Moffatt and Nichol Report
Page 2
4 12398 •
? " * arc`8345 376
�•�" RECORD90 AT REQUEST OF QbIT nL,n
a OITY OF VAI AFACH w.o. 6568
IN OFFICIAL REtOROS OF P.R.C. 3792.9
ORANQE COUNTY, -CALIF.
TIDELA*W LEASE
9:05 AM AUG 17 1967
2 J.VULIE C44L"il County R CITY OF SEALL BEACH
3 FREE
This lease, made and entered into this -.- 22nd day
i5 of June , 1967, by and between the STATE OF CA2,IFOR:IA, herein-
8 after referred to as "State", acting through the State Land's Commission and
7 pursuant to the authority contained in Division 6 of the Public Resources
8 Code and the rules and regulations adopted thereunder, and the Cizy of Seal
9 Beach, hereinafter referred to as "Lessee":
2.0 WITNESSETH:
11 ' WHEREAS, the City of Seal Beach h6s heretofore entered into an
12 agreement with the State, acting by and through the State Lands Commission,
13 to fix the boundai;f between the City-owned uplands and certain State tide
14 and submerged lands; and
16 W193REAS, the City has constructed and is maintaiai,hg at its own
16 expense various structures and facilities which lie in whole or in pare upon
17 State lands; and
w
28 WHEREAS, the facilities and structures referred to hereinbefore are
19i for the purpose of enhancing the public use of the tide and submerged lands;
20 and
21 WFD;REAS, it is'the intent of the City to devote all. of the State-
t
22 owned land and some of the City-owned land in furtherance of the public trust
23 for commerce, navigation, and fisheries, and for the benefit of ell of the
24 people of the State;
25 11al, THREM'ORE, parties to this lease do hereby covenant and agree:
26 Tmm:
27 1. All existing permits or leases between the City of Seal Beach
'28 and the State for any lands or structures lying with_n the herein described
29 leased premises are terminated. State does hereby lease, demise and let unto
i
' S ,, d June 22 196j,
• 4 Lessee for a term of , beginning 49 ye�rs be innin .+zd as hereinafter ., to
3 1' June 22, 2016,. unless roomer terrains
reinafter p_ovided)
Aii. V edl;w S'or/ b4r4 - Leo/ V4 8J. - aea/&rli1Qa/. W740
45 A77
1 those certain sovereign lands along the ocean front of eke Pacific Ocean is
2 the City of Seal Beach, situate in the County of Orange, State of California,
3 and more particularly described as follows:
4 Beginning at the southeast corner of Tract No. I in the City of Seal
Beach, County of Orange, State of California, said corner being the
5 ' intersection of the northeast line of Electric Avenue with the southern
line of Seal 'day as shown upon the map of said Tract No. 1, recorded
6 in Book 9 of Mi,scellanaous Maps at Page 1, Orange County Records; thence
continuing westerly along the southern line of Seal Way as shown upon
7 said map to the western boundary of Tract No. l; thence northwesterly
from said point in a direct line 3,584-36 feet more or less to an inter-
S ' section with the southwesterly prolongation of the centerline of Third
Street in the City of Seal Beach as said street is shown upon the map
9 of Tract Wo. 2, recorded 3n Book 9 of Miscellaneous Maps,, records of
said county, at a point located 255.5 feet southwesterly from the
10 southeast line of Ocean Blvd.; thence continuing northwesterly along
a prolongation of the foregoing course 590.18 feet more or less to
22 the intersection with southwesterly piorlongatdon of the southeasterly
line of First Street (60 feet wide) as showrn uupon the map of Bali City,
12 recorded in Book 3 of Miscellaneous taps at p ;c 19; thence north-
easterly along said line of First Street to a point distant 273.93
13 feet southwesterly from the southwest line of Ocean Blvd.; thence
N. 58" 54' .W., 55.32 feet; N. W 31' W., 230 feet; thence N. 650 00'
14 W., 120 feet; thence S. 310 00e W., 2,150 feet.,; thence S. 58a 3' B.,
to an intersection with the southwesterly prclDngation of the initial.
15 course in the description of Parcel 2, as described in the SFcond
Amended Comgslaint in. Conden'nation, No. 3436-Pi Civil,, United States
le of .America, Plaintiff, vs. 4,763 acres of lazy-v, more or less, In
Orange County, State of California, at al., fUed in the District
17 Court of the United States in and for the Southern District of
California, Central, Division; thence northeasterly along said south-
18 westerly prolongation, and continuing along sod initial course to an
intersection, with the southwesterly extension of the first course in
19 the herein described parcel; thence northeasterly along said extension
20 and along said first c6urse to the point of b�gtnning.
Containing 238 acres, more or less.
21
Bearings used r; this ,description have the save basis as those shown
22 upon,the heretofore mentioned map of Bay City.
23 The initial course in the descriptions of said Parcel 2, Action No.
3436-RJ Civil, is located as follows:
2rs
25 PARCEL 2
26 "That part of the hereinbefore mentioned Sections 7, 8, 9, 12, 13,
14, and. 24 in the Ranchos Los Alamitos and La Bolsa Crice, bounded
27 and described as follows:
28 ' Commencing at a point that is 30 feet disisnt from a monument
consisting of a copper plug set in concrete, said distance of
29 30 feet being measured in a ioutheasterly direction at right
angles to a line forming the center line of an existing rock
30 Jetty ,joining a certain tho'rougbftare na:oe4 Seal ?day in the µ
City of Seal Beach; Csiifoinia, said ce°atte� line being a
31 straight line'extending farm"the hereiraa"l ve mentioned
-2-
yt f r
• � w./ w r r u
a .
' eco�8345 i"CE 378
monument, located near the southwesterly end of said jetty,
to another similarly oonstructed monument near the north-
easterly end of said jetty; thence in a northeasterly direc-
tion along a straight line which is 30 feet southeasterly of
and parallel to the hereinabove described center line of said
4 existing jetty to its intersection with the extension south-
westerly of the southeasterly right-of-way line of the afore-
mentioned thoroughfare Seal Way, which is shown on Tract No. 1
of Miscellaneous Map Book 9, Page 1, in the Recorder's Office
of Orange County;..."
CONSIDERATION:
2. The primary consideration for the granting of this lease shall
be the public benefit. The Lessee shall pay to the State any profit derived
JO from the operations hereinafter described pursuant to the provisions of
paragraph 8 hereof.
12 ASSIGNMENT AND
SUBLETTING:
13 3. Lessee shall not assign this lease. Lessee shall furnish to
the State at the time of execution of this lease a list of all of the leases,
1 franchises, permits, or other agreements with any third persons who are
16 presently occupying any portion of the within described State lands. Nothing
17 herein, however, shall prohibit Lessee from entering into leases, subleases,
1,8, franchises or permits or other agreements with third persons for the use of
• f
19 limited areas of the leased premises herein described for the purposes set
L>0 ' forth in paragraph 8 herein, provided that such persons meet the requirements
01 and qualifications for lgssees set forth in Division 6 of the Public Resources
Code and Title 2 of the Administrative Code.
23 RESERVATION
OF THE STATE:
24 4. This lease is subject to any existing lease, permit, easement,
8 '' right-of-way or license for other purposes and State reserves the right
26 hereafter to lease, convey, or otherwise transfer or encumber such land or
27 any portion thereof for any or all purposes whatsoever not inconsistent or -
8 incompatible with the rights or privileges granted to Lessee, including
29 without limiting the generalities of the foregoing, oil and gas and minerals.
30 State expressly reserves the right to grant easements, crossings or rights-
µ . W of way, in, upon, over and under the leased premises, for any purpose without
-3-
` BooK 8345 r,c,r 379
compensation to Lessee.
OPERATIONS, ALTMATIONS, AND
IMPROVBWTS:
All activities $.hall be conducted in a good and workmanlike
macro Lessee shall maintain and keep in good sound repair all structures,
facilities or appurtenances upon the property. Lessee shall obtain any
necessary permits from any other public bodies having jurisdiction therein
7 and shall comply with all applicable laws, rules and regulations. Any q
6 permanent structures a acted upon the demised premises by Lessee shall, at
$ tkae option of the State, become the property of-the State of California upon
10 termination of this lease, or the State may require Lessee to remove all or
1*1 a portion of said structures, The State may require additional bond or
. f
12 other security to assure that appropriate protective or remedial actions
i
2.3 will be taken to protect the State.
i
2A LIABILITY.
i
is 6. Lessee agrees to indemnify and hold harmless the State, its
16 officers, 'agents, and employees against any loss, damage, claim, demand or
III , action, caused by arising out of, or connected with the construction or
' S " maintenance of structures upon, or the use by Lessee or its agents, sub-
2.9 lessees, permittees, or franchise holders, of the leased premises, whether
20 such liability arises by reason of the acts or omissions of•Lessee or its
1 agents or Its contractors or its sublessees, permittees or franchise holders
22 during the term hereof, or sooner termination of this lease. At the option
2S of the State, Lessee shall procure and maintain liability insurance for the
2 benefit of the State its an amount satisfactory to the State. The minimum
25 coverage shall be:
26 Three Hundred 'Thousand Dollars ($300,000) for death or bodily
injury or loss sustained by any one person la any one occurrence, and
Five .Hundred 11bousand Dollars ($500,000) for death or bodily
28 injury or loss sustained by more than one person in any one
occurrence; and ,
S
• Fifty 'Thousand Dollars ($50,000) for loss by damages or injury
3O - to property in any one occurrence. .
31 The State Shalll be naihed as an insured. A certificate of all required
bukB345 rAGE 380
m e y
1 insurance shall be furnished to the State at the time of execution of this
2 lease. Continuation certificates shall be furnished at least. 30 days prior
3 to the expiration of the then existing certificate. No such insurance shall
4 be cancelled without 30 days notice to the State. The policy shall either
6 ' contain a provision providing for a broad form of contractual, liability,
6 including leases and permits, or there shall be attached thereto an endorse-
7 meat providing for such coverage. Upon request the State shall be, entitled
8 ' to inspect the original policy of insurance or a photo copy thereof. The
8 procuring.of such policy of insurance shall not be construed to be a limits-
10 ' tion upon the Lessee's liability or as a full performance on its part of
11 the indemnification provisions of this paragraph, Lessee's obligations being,
i
12 notwithstanding said policy of insurance, for the full and total amount of
13 any damage, injury or loss caused by the negligence or other acts creating
V
la liability for injury or damage connected with Lessee's or its sublesseea',
15 permittees', or franchise holders' use of the premises. The amount of
16 insurance as set forth herein may be'inereased at the option of the State,
37 upon 30 days notice to Lessee.
18 POLLUTION:
19 7. Lessee shall observe.and comply with all rules and regulations
r
20 now promulgated by any agency or subdivision of the State of California having
21 jurisdiction therein=and.such rules and regulations as may hereafter be
22 promulgated by any agency or subdivision of the State of California having
23 jurisdiction therein; and Lessee shall at all times take suitable precautions
• 1
24- to prevent pollution and contamination of waters of the Pacific Ocean.
25 8. This lease shall be for the purposes and subject to the terms
26 and conditions hereinafter set forth.
27 8.1 The leased premises shall be used for beaches, marine
28 parks, marinas, small boat harbors, bulkheads, piers, marine transportation
t
29 ifacilities,.publ.ic utilities, earthfills, buildings, structures, recreational
30 facilities, landscaping, parking lots, streets and'roadways for public access
31 to the leased premises, and related facilities for the benefit of the people
-5-
.��.• . • • � " . � BCC
of the State, as opposed to a purely local benefit, and for the furtherance
2 of the public trust purposes of-commerce, navigation and fisheries.
S 8..2 Lessee shall submit to the State Lands Division, on or
before September 30 of each year, a report of the utilization of the leasedp
6 premises. Said report shall include:
(a) A description•of the uses to which the leased premises have
7 been placed during the period covered by the report. „b
(b) A list of the owners and holders of subleases, permits �
9 and franchises granted by the Lessee, which list sbsll
- 1
10 !
specify as to each such owner or holder:
11 (i) The uses to which the premises have been placed by
22 ; the owner or holder;
13 (ii) The uses to which the premises shall be placed or may
14 be placed by the-owner or bolder; pursuant to the
16 terms contained in the sublease, permit or franchise,
16 ' during the remaining period of the sublease, permit
17 or franchise; - "
18 (iii) The consideration provided for in each sublease,
19 permit or franchise and the consideration actually
20 received by the Lessee for the sublease, permit or
21 franchise granted or issued; and
22 (iv) An eeumeration of the restrictions which the Lessee
23 has placed on the use of the premises and each area
24 thereof for the period covered by the report.
26 (c) A statement as to the future plans of the Lessee for the use of
26 the leased premises, containing the following:
27 ' (1) Type of future development which is planned as to each
. . 28 �
general area within the leased premises;
29 (ii) RxPected statewide benefit to be derived from the
30 development plan, including the financial benefit
" 33 '' 'and the navigational' commerical or recreational benefit;
a
ec� 8345 racy 382
I (iii) The proposed method of financing the plan, estimated
e
2 capital costs, annual operating costs, and annual
$ revenues of the plan. 1
.¢ 8.3 Lessee shall establish a separate trust fund or funds for
$ the deposit of all revenue received from the leased premises. Where facil-
j
g itips are located partially on the leased premises and partially on lands
7 owned by the City, the revenues and expenses attributable to said facility
8 shall be apportioned between City municipal funds and the aforementioned
9 trust fund or funds, based upon the percentage of the facility located on
3.0 the leased premises and the portion located on the lands owned by the City.
112 A statement of financial conditions and operations, to conform to the
7.2 requirements of the State Lands Division, shall be submitted to the Executive
33 Officer of the State Lands Division on or before September 30 of each year
14 for the preceding fiscal year. AU money, if any, remaining in said fund or
1
25 funds, after the deduction of authorized expenses incurred, at the end of
16 the term of this lease shall be transferred to the State; provided, however,
i
3.7 that Lessee shall be entitled to a credit for any municipal funds advanced
p.
1a and expended for the purposes set forth in paragraph 8.4. In the event
2.9 uplands are acquired with trust funds, such lands shall become the property
20 of the State at the end of the term of this lease.
21 8.4• The Lessee may use revenues accruing from or out of the
22 use of the leased premises for any or all of the following purposes which
23 are matters of statewide, as distinguished from loeal, interest and benefit:
24 (a) The construction, reconstruction, improvement, repair, opera-
26 tion, maintenance, promotion, and protection of works, lands,
26 and facilities necessary for the development of the leased
27 premises for the highest and best use in the public interest,
28 including, but not limited to, commerce, navigation, fisheries,
M 2g marinas, small boat harbors, marine stadiums, marine parks,
30 beaches, streets; roadways, enrthfills,•bulkbgads, piers,
31� supporting structures,•buil.dinss, recreational facilities,
.7-
". er'C-8345 rAGE 383
1 landscaping, and parking lots situated upon the leased
premises, or adjacent thereto and reasonably necessary
to provide access to, or development and use of the
leased premises;
r (b) The promotion, by advertising and such other means as may
j
'be reasonably and appropriate, of maximum use of the leased
premises or to encourage private investment'in development
of the leased premises for the highest and best use in the
statewide public interest;
10 (c) Any other uses or purposes of state, as distinguished from
3l purely local., interest and benefit, which are in fulfillment
of those uses and purposes described in paragraph 8.1 hereof
,lg and which "a approved in advance by the State Lands Commis-
sion;
16 (d) The acquisition yr property and the rendition of services
£l reasonably nece6sary to the carrying out of the foregoing
"d uses and purposes;
l ' provided that as to any expenditure of revenue for any single, capital
19 . improvement involving an amount in-excess of fifty thousand dollars
C ($50,000) in the aggregate, the Lessee shall file with the State Lands
1 Covaission a deta;led description of such capital improvement not less than
22 90 days prior to the time of sty disbursement therefor or in connection
23 therewith, excepting ,preliminary planning. Such description shall specify,
2 in addition, the particular ublic interest and benefit, the vis4on of
25 this lease authorizing the ;proposed expenditure and how the a erg e_
28 complies with the Lessee's statement of future plans. The State Lands
Commission may, within 90 days after the time of such filing, determine and
28 notify Lessee that such capital improvement is not in the statewide interest
29 and benefit, or is not authorised by any of the provisions of this lease,
$0 or"does not comply with the Lessee's.future plans., In the event the State
31 Lands Cotrmo'i.sslon so notifies the 'E;essee that the capital improvement is not
I
8345
authorized, the Lessee shall not disburse any revenue for or in connection
with such capital improvement, unless and until the consent of the State
Lands Commission is obtained or a judicial determination has been made.
Failure of the State Lands Commission to make such a notification within the
90-day period shall constitute approval by the State Lands Commission of the
"
prop9sed capital improvement. Any determination by the State Lands Commission
prior to the expiration of the aforesaid 90-day period, declaring that the
proposed capital improvement satisfies the criteria set forth herein,shall
operate as the termination of the aforesaid 90-day period.
10 8.; Lessee agrees that, in its employment practices arising
11 out of or connected with its operations under this lease, it shall not
121 discriminate against any individual because of race, color, ancestry,
national origin,, or reli.gionw
nTR " Bl"
STAITE:
State, through its authorized agents, shall have the right
10 ' at all reasonable times to go upon the leased premises for the purpose of
33 inspecting the same, or for the ose u of p x'p maintaining or repairing said
premises, or for the P�rpsose of placing upon the property any usual or
I
19 ordinary signs, or for fire„or police purposes or to protect the premises
20 from any cause whatever, without any rebate of charges and without any
23 liability on the parrs of'the State for any loss of occupation or quiet enjoy-
' 1
2 meat of the premises 'thery occasioned.
RESTORATION OF
PROPERTY: 10.. Lessee will on the last day of the lease term or any exten-
24 sion thereof, or sooner termination of this lease, peaceably and quietly
20 leave, surrender and yield up to the State, all and singular, the leased
26 premises in ,good order, condition and.repair, reasonable use and wear thereof,
27 and damage by act of God or the elements excepted. Lessee, at the option of
28 the Mate,, wild immediately upon terminstionl at his own expense and risk,
29 salvage and remove all structures erected by Lessee and restore the land as
0 ned"rl•y^ as possible to the condition•existing at the-date of execution of this
53- lease, free of debris, and shall repair and restore any damage to the
e;c�8345 ;CE385 w.
1 improvements, if any, owned by the State resulting from either construction
or removal by Lessee or resulting from causes for which Lessee is liable under
3 this lease, and shall complete said removal and restoration within ninety (90)
days after termination of this Lease. In the event that Lessee fails to com-
m
'ply with this covenant, State may make such removal or restoration and Lessee
agrees to pay all of,the costs involved therein. "
Poo un: E
8 L1. It is understood that Lessee's obligations hereunder shall be
9 suspended during, any period in which Lessee is prevented from complying
0 therewithwby acts of Cod, .riots, acts of Federal or State agencies, or any a
111 other cause beyond Lessee's reasonable control.
Q,SITM AVA
S 12. Upon the termination of the rights hereby granted, Lessee shall
14 execute and deliver to State, within thirty (30) days after service of
15 ( written demand thereof, a good and sufficient quitclaim deed to the rights
le arising hereunder. Should Lessee fail or refuse to deliver to the State a
17 quitclaim deed as aforesaid, a written notice by the State reciting the fail-
3.8 dare or refusal, of Lessee to execute and deliver said quitclaim deed as herein
19 provided, terminating this lease, shall after ten (10) days from the date of
20 recordation of said notice, be conclusive evidence against Lessee and all
21 ,persons claiming under Lssee of the' termination of this lease.
2vc "rC
23 13. All notices herein provided to be given sball'be deemed to
24 have been fu,11y given when made in writing and deposited in the United States
25 mail, registered or certified and postage prepaid, addressed as follows;
26 To the State:
State Lands Commission
27 Xcom 305,California State Building
S 217 Vest First Street
Los Angeles, California 90012
To the Lessee: "
Tity'of Seal dCity manager
7l 0ity 'Tall
Seal Beach, California 90740
-10-
w
_ eco-.8345 P'%E 386'
VAIVER of
BREACH:
g 14. The waiver by the State of any breach of any term, covenant
3 or condition herein contained shall not be deemed to be a waiver of such
4 term, covenant or condition with respect to any subsequent breach of the
S same or any other term, covenant or condition herein contained. The sub-
6 Sequent acceptance of monies hereunder by the State shall not be deemed to
7 be a waiver of any preceding breach by Lessee of any term, covenant or con-
dition of this lease, other than the failure of Lessee to pay the particular
g monies so accepted, regardless of the State's knowledge of such preceding
10 breach at the time of acceptance of such monies.
11 TERMINATION OR
MODIFICATION:
12 15. This agreement may be terminated only by the mutual. consent
ig of the parties hereto. No act or omission by either the State or Lessee
14 ' shall constitute a modification of this lease, it being understood by all
x
15 ' parties that this lease may be changed or otherwise modified only by written
,le agreement of all. parties.
17 SUCCESSORS:
1,
18 16. The covenants and conditions herein contained shall., subject
19 to the provisions as to assignment,. apply to and bind the heirs, successors,
i
20 executors, administrators and assigns of all of the parties hereto; and all 4
i
21 of the parties hereto shall be jointly and severally liable hereunder.
22 T124E OF ESSENCE:
23 17. Time Is of the essence of this lease.
• " 2g `
25
26
27
28
29 ..
SIL
° -11-
Z. w
Brun:8345 RGE 387
1 CAP'T'IONS;
2 18. The captions in the margins of this lease are for convenience
3 only and are not a part of this lease and do not in any way limit or amplify
4 the terms and provisions of this lease.
51 This agreement Trill become binding on the State only when
s '' duly executed by the Executive Officer of the State Lands Commission of the
7 , State of California. -
8 IN L•IITNESS WHEREOF, the parties hereto have executed this agreement
9 as of the date hereafter affixed.
10 LESSEE* STATE OF CALIFORNIA k` • .�.
acting by and through
12* CITY OF SEAL BEACH STATE LANDS CCNWSSION,•
12 aZ
»
13 ddr s By J. HORTIO
67y8 Ee er "
M
W
a �"
LEE RISNER City Manager L of Signatur�r
17 to of Rignature
19 ..
20
21
22
r f
23
24
26
26
27
28
29
30 ,,
*Ci°Cy Seal sba11 be of F,xe
and a certified copy of the •12- . .T
City Council resolution
authorizing execution shall
be attached.
8345 388
r�Cc
Z STATE OF CALIFORNIA
ss:
2� COUNTY OF LOS ANGELES)
° S On /0 ; 1967, before me, the uraders" ed a Notary
% Public iu d for aid State, with principal office in
�4 ' County, p Bona appeared F. J. HORTIG, known to me to be the E cutive
Officer of the STATE LANDS C0144ISSION, SPATE OF CALIFORNIA, the mmission
5 that executed the within instrument, known tome to be the person who
executed the within Instrument on behalf of the Commission therein named,
6 and acknowledged to me that such Commission executed thq within Instrument
pursuant to a resolution of its Commissioners.
7
- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official,
8 seal on the day and year in this certificate first above written.
OFFICIAL KKL
MYRTLE 6TRATTON ,Notary in and' or the County
21 NOTARY PUBLIC-CALIFORNIA of Los An es, State of California
PRINCIPAL OPPICC IN
LOG ANOULIS COUNTY
12 w
ARy Commieslon Expires Oct 80,1910
141 STATE OF CALIFORNIA)
Be:
15, COUNTY OF ORANGE )
16 On p , 1967, before me, the undersigned, a Notary
Public in as for the County of Orange, State of California, personally
27 appeareli, I. � RISNER, known to me to be the City Manager of the CITY OF
SE
18 !, AL BEACH, and known to me to be the person who executed the within
Instrument on behalf of said City of Seal Beach, and acknowledged to me
*that said municipal, corporation executed the within Instrument pursuant to
19 its Charter, Resolutions, Ordinances and applicable State law.
20 IN WITNESS WHFJMF, I have hereunto set my hand and affixed my official
seal on the day and year in this certificate first above written.
21
.wr
Nota ry Public In and for the County
I.. ... ��. I:'" ""'"""" of Orange, State of California
�. x, 4YFICiAiL SEAL
YA L. THOMAS
2' �YPCI LIC^CAiiFi)TdPIiA L,OL1"TA L. "THOMAS
P' CIPAL OF FIrE IN ��Y COra R i P
° 'J§RANCE COUNTY lawn Ek Irds Audi'IZ 19S9
'G A ni awry "
28
29
so
_i3_
1",«389
GERTMED copy
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, A CHARTER CITY, AUTHORIZ-
ING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE
CITY OF SEAL BEACH A LEASE WITH THE STATE OF
CALIFORNIA FOR USE OF CERTAIN STATE-OWNED TIDE
AND SUBMERGED LANDS WITH THE CITY'S CORPORATE
BOUNDARIES.
WHEREAS, the City of Seal Beach has, at its own expense, constructed
and maintained facilities and structures which lie in whole, or in part,
on State lands which structures and facilities are for the purpose of
enhancing the public use of tide and submerged lands for the benefit
of all the people of the State of California; and
WHEREAS, the primary consideration for the granting of a lease is
the public interest; and
WHEREAS, it is the intent of the City to devote all of the leased u,
State lands in furtherance of the public trust for commerce, navigation,
fisheries and for the public benefit of State-citizens; and
WHEREAS, certain leases and permits granted by the State of
California to the City of Seal. Beach for facilities and structures which
protect state and city property will expire in the near future;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA,
a municipal corporation and a charter city, does hereby resolve as
follows:
Section 1. The City Manager is authorized to execute on behalf
of the City of Seal Beach a. lease by and between the State of
California, acting through the State Lands Co:smission, and the City
of Seal Beach for certain State-owned lands described generally as
follows:
Beginning at the southeast corner of Tract No. 1 in the City of Seal Beach,
County of Orange, State of California, said corner being the intersection
of the northeast line of Electric Avenue with the southern line of
Seal Way as shown upon the map of said Tract No. 1, recorded in Book 9
of Miscellaneous Maps at Page 1,Orange County Records; thence continuing
westerly along the southern line of Seal Way as shown upon said map
to the western boundary of Tract No. 1; thence northwesterly from said
point in a direct line 3,584.36 feet more or less to an intersection
with the southwesterly prolongation of the centerline of Third Street
in the City of Seal Beach as said street is shown upon the map of
Tract No. 2, recorded in Book 9 of Miscellaneous Maps, records of said
county, 'at a point located 255.5 feet southwesterly from the south-
west line of Ocean Blvd. ; thence continuing northwesterly along a
prolongation of the foregoing course 590.18 feet more or less to the
intersbeti.on with southwesterly prolongation of the southeasterly line
of FirsE Street (60 feet wide) as shown upon the map of Bay City,
recorded in Book 3 of Miscellaneous Maps at page 19; thence northeasterly
along said line of First Street to a point distant 273.93 feet south-
westerly from the southwest line of Ocean Blvd, ; thence N. 580 54'W.,
rirc "•,ICS': " " .
mm-8345 r„E 390 .
55.32 feet; N. 220 51'W., 230 feet; thence N. 650 00' W. , 120 feet;
thence S 310 00'W., 2,150 feet; thence S. 580 43' E., to an intersection
with the southwesterly prolongation of the initial course in the des-
cription.of Parcel 2, as described in the Second Amended Complaint
in Condemnation, No. 3436,RJ Civil, United States of America,
Plaintiff, vs. 4,783 acres of land, more or less, in Orange County,
State of California, et al, filed in the District Court of the United
States in and for the Southern District of California, Central.
h� Division; thence northeasterly along said southwesterly prolongation,
and continuing along said initial course to an intersection with the
southwesterly extension of the first course in the herein described
parcel; thence northeasterly along said extension and along said first
course to the point of beginning.
Containing 238 acres, more or less.
Bearings used in this description have the same basis as those shown j
upon the heretofore mentioned map of Bay City.
The initial course in the description of said Parcel 2, Action No.
3436-RJ Civil, is located as follows:
PARCEL 2
"That part of the hereinbefore-mentioned Sections 7, 8, 9, 12, 13, 1.4,
and 24 in the Ranchos Los Alamitos and La Bolsa Chica, bounded and
described as follows:
Commencing at a point that is 30 feet distant from a monument
i
consisting of a copper plug set in concrete, said distance of 30 feet
being measured in a southeasterly direction at right angles to a line
forming the center line of an existing rock jetty joining a certain
tho 6u hfare named Seal Way in the City of Seal Beach, California,
said center line being a straight line extending from the hereinabove-
menti,oned monument, located near *the southwesterly end of said jetty,
to another similarly constructed monument near the northeasterly end
of said jetty; thence in a northeasterly direction along a straight
line which is 30 feet southeasterly of and parallel to the herein-
above described center line of said existing jetty to its intersection
with the extension southwesterly of the southeasterly right-of-way
line of the aforementioned thoroughfare Seal Way, which is shown on
Tract No. 1 of Miscellaneous Map Book 9, Page 1, in the Recorder's
Office of Orange County: . . .”
i
• `. . . . u�c�:8345 r,�E 391 `
PASSED, APPROVED, AND ADOPTED by the City Council__of the City ,of
Seal Beach at a meeting thereof held on the ,5�C• day of
-,J�, 3967.
ATTEST:
�+` M I
City Clerk
,• r
STATE OF CALIFORNIA ) G
COUNTY OF ORANGE ) SS
CITY. OF SEAL BEACH )
Is F. W. Hickman, City Clerk and ex-officio clerk of the City Council,
hereby certify that the foregoing resolution was passed, approved,
and adopted by the .City Cotincil of the City of Seal Beach at a meet-
ing thereof held on the ,1_at day of d ,fit [,? , 1967,
by the following vote:
AYES: Councilmen t. t (. �Z -� r rx�•t c
NOES: Councilmen-
ABSENT: Councilmen
City Clerk
RIFx
x
s�o 8345 66'6' 392
.
CERTMED
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA. A CFL4RTER CITE:, AU".10RIZ-
ING AND DIRECTING THE RECORDATION OF A LEASE
\ BETWEEN THE CITY OF SEAL BEACH AND THE STATE OF
CALIPOM!TA FOR USE OF CERTAIN S'L'ATE-OWNED TIDE
AND SUBMERGED LANDS.
WHEREAS, the City of Seal Beach, by Resolution Number 1556,
adopted on June 5, 1967, authorized the execution of a lease between
the City of Seal Beach and the State of California for use of certain
state-owned tide and submerged lands within the City's corporate
boundaries ;
NOW, 1WEREFORE, be it resolved by the City Coitneil of the City
of Seal Beach as follows:
Section 1. The City Clerk of the City of Seal. Beach is hereby
authorized and directed to record with th.e .County Recorder of Oranga
County the TTDEL1DS LEASE dated July 10, 1957, and authorized by
Resolution Number 1556.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Seal Beach at a meeting thereof held on the 7th day of August, 1967,
by the following vote:
A �
AYES: Councilmen
..e .,
NOES: Councilmen
ABSENT: Councilmen {� i,I
ayor ,,,
ATTEST:
7
City Clerk
. '
M x,
• �( A e.
SEAL BEACH MUNICIPAL PIER
STRUCTURAL ANALYSIS OF END PLATFORM
for
PROPOSED RESTAURANT BUILDING
IN CONFORMANCE WITH: CURRENT BUILDING CODE
.
adrr Rpy ut lot
N
Prepared for:
City of Seal Beach, CA
i�
Prepared by:
moffatt & nichol
3780 Kilroy Airport Way,Suite 600
Long Beach,CA 90806
(562)426-9551
MN File:7073-02
December 19,2014
Seal Beach Municipal Pier
End Platform Structural Analysis
1. Introduction
The City of Seal Beach (City) is currently evaluating alternatives for a new restaurant building
located on the Seal Beach Pier end platform that will replace the existing structures. The City
has requested an engineering evaluation be completed to determine any necessary pier repairs
or upgrades that may be required as a result of the replacement of the existing end platform
restaurant building.
Moffatt & Nichol (M&N) has been contracted to serve as the City's design consultant to
perform an evaluation of the end platform of the Seal Beach Pier with respect to its ability to
support a new restaurant building in conformance with current building codes (California
Building Code, 2013 "California Code of Regulations, Title 24"(CBC 2013)). In coordination with
the City, the capacity has been analyzed under three different proposed use configurations, as
follows:
1. Open Area with no Building
Assumed loading for the end platform is 100 pounds per square foot (psf) pedestrian
live load and vehicular wheel loads;vehicular wheel loads are discussed in more detail in
Section 3.
2. One-Story,Restaurant Building
Assumed loading is 100 psf live load plus 75 psf building dead load..
3. Two-Story Restaurant Buildin
Assumed loading is 175 psf live load (100 psf on the first floor and 75 psf on the second
floor) plus 125 psf building dead load.
Vertical building dead loads assume typical wood framed building construction. In addition to
the vertical live loads mentioned above, lateral loads due to wind and earthquake were also
calculated based on American Society of Civil Engineers 7-10, "Minimum Design Loads for
Buildings and Other Structures" (ASCE 7-10), and an assumed maximum floor footprint based
on existing pier constraints. In addition, corresponding building wind area was estimated.
For initial vertical load capacities, it is assumed that the building loads are uniform over the
entire footprint. In fact, building loads will be concentrated as wall line loads and column point
loads, and, as such, any structural modification necessary will be concentrated at the applied
loads based on the actual floor plans rather than uniformly distributed. However, the uniform
analysis will provide an approximate percentage of capacity increase required.
2. Existing Structure
An overall layout of the existing end platform and building structures is shown in Figure 1. The
existing end platform is supported on timber piles at approximately 10-feet on-center
December 2014 1
Seal Beach Municipal Pier
End Platform Structural Analysis
transverse to the pier along pile bents. The bents are spaced at 20-feet on-center longitudinal
to the pier. The bent caps are 14 x 14 timbers and 4 x 16 timber stringers span from pile cap to
pile cap with different spacing at different locations of the end platform. Under the existing
restaurant building, except the electrical room, the stringers are spaced at 18-inches on-center.
Outside of the building footprint, the stringers are at approximately 36-inches on-center except
in the former fishing areas at the west and north edges, where the spacing is at 60 inches or
greater.
I Q TFrrin er Fl:t if.�
4rmi
/ E,s-jr 9.. a 3*rli 9eis
E v>•W'6 a io ;
Four ei Fi hir.I Cr=us—
MA
d. rNw
. ........ ... ..
E.i •u :-,.-ro=Ir+ raG lug I
EI.,, •im of 1
Existlna '404 Bent Uile Caps Eristlnq TOAI Pile, Exi in.l 'Crp.x:di.n E<btira Dcckiru
Rnil Post Mp,
Figure 1: Existing End Platform Plan View Configuration
3. Open Area Analysis
The existing end platform structural configuration provides adequate capacity for the required
live load of 100 psf, as indicated in Section 1, except in the former fishing areas. In these areas,
intermediate stringers are recommended (See Figure 2). Because of the width of the platform,
vehicles that reached the platform would undoubtedly try to turn around before heading back
to shore. Therefore, the maximum allowable axle load is based on the transverse vehicle
position. In the areas where the stringers are spaced at 36-inches, the maximum axel load is
7,000 pounds. In the area where the stringers are spaced at 18-inches, the maximum axle load
is 14,000 pounds. All vehicles should not be allowed access to the former fishing areas until
after the recommended intermediate stringers are placed.
December 2014 2
Seal Beach Municipal Pier
End Platform Structural Analysis
um�i
-------------------------qq r j
l E1 0
p
Bpi ,
V -J.
Proposed Open Area
,
Figure 2: Proposed Open Area End Platform Plan View Configuration
4. One-Story Restaurant Building
4.1 Vertical Load
An overall layout of the proposed one-story end platform building structure is shown in Figure
3. For the one-story building configuration, the existing end platform provides adequate pile
capacity for the total imposed load. However, depending on the final building layout and the
method used distribute the loads applied the pile caps, these structural elements may require
some reinforcing. The current stringer spacing under the existing building is adequate for the
proposed one-story building. However, to the degree the proposed building extends beyond
the existing footprint, supplemental stringers will need to be added between the existing 36-
inch spaced stringers. To achieve maximum flexibility for future building configurations,the City
should consider added stringers throughout the end platform to achieve a uniform stringer
spacing of 18 inches throughout the entire pier.
December 2014 3
Seal Beach Municipal Pier
End Platform Structural Analysis
,
Y
Proposed Restauranj Building
J a
4.
II
'rw
^ craw a
r
<"
Figure 3: Maximum Proposed Building Foot Print(Both One-Story&Two-Story)
4.2 Lateral Load
Load combinations considering both wind and earthquake loads were calculated in accordance
with ASCE 7-10. Based on the assumption indicated herein for the building dimensions and
considering lateral resistance is provided by plywood sheathed shear walls, the total wind load
in the transverse direction is 68,340 pounds while the seismic load in the same direction is
52,170 pounds.Therefore, the wind load governs in the transverse direction and will be applied
to the pier. In the longitudinal direction, seismic load governed with a total load of 51,970
pounds.
G0 (�; l
4r'-- 2' Overhang
r Typical
Proposed Restaurant Building
] � l
� 1
Pier Deck and Framing Pier Piles (typ)
Figure 4: Proposed One-Story Restaurant Building,West Elevation View
December 2014 4
Seal Beach Municipal Pier
End Platform Structural Analysis
Figure 4 above shows the assumed elevation of a one-story building used to calculate the wind
loads on the building that were then applied to the pier.
Lateral loads on the pier are resisted by bending of the piles. The total resisting capacity is
based on the diameter of the piles at the location of the maximum bending load and the total
number of piles acting.
Piles that are cross-braced in the direction of the lateral load have a higher total capacity than
piles that are not braced. In the transverse direction, all of the piles are cross-braced. In the
longitudinal direction, however, four pile rows are cross-braced and three are unbraced. Since
the building slab will be very stiff compared with the timber deck, it was assumed that the top
of all piles move (deflect) the same amount in the analysis. Where there are both braced and
unbraced piles, the resistance for the braced piles were calculated first and then the resistance
for the unbraced piles were calculated separately based on the assumption that they will have
the same top of pile deflection as the braced piles.
Base on this analysis, the existing pile layout is adequate for the applied lateral loads in both
directions assuming the cross-bracing system is maintained.
5. Two-Story Restaurant Building
5.1 Vertical Load
An overall layout of the proposed two-story end platform building structure is similar to the
layout shown in Figure 3. For the two-story building, the pile capacity needs to be increase by
about 50 percent. The pile caps will also need an increase in capacity to carry the higher loads
to the increased pile support. Stringers will need to be supplemented with longitudinal girders
to carry the higher loads from the walls and columns, therefore the same comments regarding
adding supplemental stringers indicated in Section 4.1 for the one-story building also apply to
the first floor of the two-story building.
5.2 Lateral Load
Load combinations considering both wind and earthquake loads were calculated in accordance
with ASCE 7-10. Based on the assumption indicated herein for the building dimensions and
considering lateral resistance is provided by plywood sheathed shear walls, the total wind load
in the transverse direction is 151,330 pounds while the seismic load in the same direction is
90,280 pounds.Therefore, the wind load governs in the transverse direction and will be applied
to the pier. In the longitudinal direction, wind load also governed with a total load of 95,600
pounds while the seismic load in the same direction is 90,240 pounds.
December 2014 5
Seal Beach Municipal Pier
End Platform Structural Analysis
4 rL2- 2' Overhang
0 Typical
Proposed Restaurant Building
Pier Deck and Framing - -Pier Pl1e3 (tYP�)
Figure 5: Proposed Two-Story Restaurant Building West Elevation View
Figure 5 above shows the assumed elevation of a two-story building used to calculate the wind
loads mn the building that were then applied to the pier.
Based on the transverse wind load analysis, the existing pile demands exceed the capacity by
approximately 30 percent; in the longitudinal direction, they are overstressed by approximately
10 percent. Of the seven rows of piles in the longitudinal direction, four are cross braced and
three are unbrmced. By adding cross braces tothe three unbraced rows, the overload reduces
to approximately l percent. However, this modification will not increase the capacity in the
transverse direction; therefore, an increase in pile capacity must be added tmthe pier platform
|fa two-story building iaselected.
6. Recommended Pier Structural Upgrades
In all cases considered, it is recommended that the end platform be upgraded structurally
depending on the proposed use,as discussed below.
6.1 Open Area Or One-Story Restaurant Building
The minimum upgrade recommended is to supplement the stringers on the end platform so the
maximum stringer spacing throughout is 18 inches. This will provide a consistent capacity
throughout the entire pier. The opinion of probable construction cost for this upgrade is
approximately$47,000, assuming the work is performed at the time the decking is replaced.
6.2 Two-Story Restaurant Building
To upgrade the end platform toaccommodate atxvo-ston/ building with the allowable coverage
toG-feetfrom each edge, it is recommended that the entire end platform be reconstructed
based on the need for larger piles throughout the building area. In this alternative, the existing
December 2014 6
Seal Beach Municipal Pier
End Platform Structural Analysis
end platform is completely removed and a new platform constructed with a new pile and cap
system designed to support the two-story building in a configuration where concentrated loads
can be supported by the cap at any location with girders bringing the building loads to the caps
as needed. Using timber piles requires piles that are spaced at 6-feet on-center, 16-inch
diameter and 80-feet-long. For estimating purposes, stringers spaced at 12 inches on center
under the building area and 18 inches on center outside the building area were used. Opinion
of probable construction cost for the substructure and stringers is slightly over $1,000,000 for
the platform at its current height.
The existing end platform has been shown in the past to be vulnerable to major wave damage,
similar to the loss of the middle half of the pier in the 1980s. It is recommended due to the
varying sand profile and potential future storm wave heights that the elevation of the end
platform be raise if total reconstruction is undertaken. In order to accomplish this, the sloping
pier approach to the end platform from Bent 70 will also require reconstruction. This will add
20 piles plus pile caps, bracing, and stringers for the approach. In addition, the piles will be
longer. Opinion of probable construction cost for the substructure and stringers is
approximately$1,500,000 for the platform at the higher elevation.
6.3 Change in Substructure Materials
Having piles at 6-feet on-center versus the existing 10-feet on-center plus the associated
bracing will increase the total wave load impact on the pier. This, coupled with the cost to
replace bracing each time there is a significant storm, makes changing pile materials a viable
alternative and they could be either concrete or steel. With either material, the connection
between the pile and the cap is designed to resist bending and thereby eliminate the need for
cross-bracing, thus significantly reducing the total wave impact on the pier.
Concrete piles would be much larger in diameter and would be a different color than the rest of
the pier. In addition, driving concrete piles requires the use of very heavy equipment, which the
existing pier cannot support and a separate construction trestle would be required. The use of
coated steel pipe piles, however, would maintain a close-to-historic look and be easier and
faster to install because pipe piles can also be driven from the existing structure, similar to the
timber piles. Due to the more efficient means of construction and overall cost savings versus
concrete piles, steel piles and caps are recommended and were used to estimate the cost of
upgrading the pier for a two-story building on the end platform. Using 14-inch diameter steel
pipe piles, they can be spaced at 10.75-feet on-center and give full coverage for the platform.
The cap would be an HSS 16 x 12 steel tube with conical tipped short pipe connectors to attach
the piles. The stringers would be the same as the timber pile concepts. Opinion of probable
construction cost for the substructure and stringers is approximately $1,900,000 for the
platform at the higher elevation using steel piles and caps.
December 2014 7
Seal Beach Municipal Pier
........�.. �.�.._ ....... ---
End Platform Structural Analysis
7. Conclusions
Based on the analysis of the vertical load capacity of the Seal Beach Pier end platform,
assuming timber in good condition and the existing layout, it is recommended that some level
of structural upgrade should be performed, depending on the proposed use.
The recommended upgrades do not address repairs or replacement of elements due to
deterioration or damages.Those would be in addition to the minimum upgrade recommended,
but would be included in the other reconstruction concepts. The opinion of probable
construction costs range from approximately $47,000 for the minimum upgrade to
approximately $1,900,000 for rebuilding the end at a higher elevation using steel piles. The
opinion of probable construction costs shown herein only include the cost of the sub-structure
(piles, caps and bracing) and stringers. The decking and utilities are already scheduled for
upgrade, and the cost would be the same for each alternative discussed, which are in addition
to those indicated in this report.
December 2014 8