HomeMy WebLinkAboutCC AG PKT 2011-04-11 #B AGENDA STAFF REPORT
DATE: April 11, 2011
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, Acting City Manager
FROM: Sean P. Crumby, P.E., Director of Public Works
SUBJECT: ADDRESS SURFSIDE COLONY REQUEST DATED
FEBRUARY 17, 2011
SUMMARY OF REQUEST:
It is requested that the City Council receive and file this update to the Surfside
Colony Request Letter dated February 17, 2011.
BACKGROUND:
In 1946 the Army Corps of Engineers installed the Jetties for the Seal Beach
Naval Weapons Station thereby protecting Anaheim Bay. These Anaheim Bay
Jetties are a barrier to littoral transport and form a boundary from which sand
cannot pass. Additionally, the jetties altered the wave refraction and thus the
movement of sand. The Army Corps of Engineers and Federal Government
made agreements with the affected parties to mitigate impacts arising from the
installation of these jetties. To the north is the City of Seal Beach. The Army
Corps of Engineers partially funded construction of a Groin Wall in Seal Beach
designed to slow the movement of sand across the City's beach line. The City
has periodically funded sand nourishment projects and operates a beach
maintenance program that constructs a winter sand berm annually and moves
sand in a backpassing operation every two (2) years. To the south, construction
of the jetties affected the supply of sand for beaches extending between the
Surfside Colony and Newport Beach. Legislation was passed at that time to fund
an ongoing sand nourishment maintenance program. The sand migrates
southward from Surfside towards Newport Beach. As a result, the Surfside
Colony feeds all of the southward beaches with sand. The "Federal Beach
Erosion Control Project" has delivered 12 projects or stages since the
construction of the jetties in which sand was brought from the ocean floor to
nourish the beach in front of the Surfside Colony. The 12 Stage was delivered
in 2009 delivering approximately 1.3 million cubic yards of sand to Surfside. The
City of Seal Beach successfully piggybacked onto this large project and used this
opportunity to bring just under 80,000 cubic yards of sand to East Beach at a
Agenda Item B
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cost of approximately $1.1 Million. The Federal Beach Erosion Control Project is
funded at 66% by the Federal Government. The remaining 33% is funded by the
owners of the beaches that receive the sand. All of the beaches that extend
between the Surfside Colony and Newport Beach pay a proportional share of this
cost. At the time that the original Federal Beach Erosion Control Project
agreements were executed, the beach in front of the Surfside Colony was
private, and the Surfside Colony was part of unincorporated County of Orange.
The Surfside Colony did not incorporate into the City of Seal Beach until 1967.
In July of 1941 the Surfside Colony formed the Surfside Colony Storm Water
Protection Tax District. This District exists to prevent soil erosion along the
beaches and repair storm damage due to highwaters and flooding within the
Surfside Colony. The District collects fees from 274 parcels through property
taxes and funds Surfside's proportional share of the Federal Beach Erosion
Control Project. In the most recent agreement (Stage 12) executed in 2008, the
Surfside Colony Storm Water Protection Tax District funded $19,000. In 1967
when Surfside was annexed into the City these services were not transferred to
the City but kept with the Surfside Colony at the request of Surfside's residents.
The next stage of the Federal Beach Erosion Control Project will occur in 2015.
The cost of the most recent project was extremely competitively bid. It is not
known how the economy will affect the cost for the next stage of this project.
In 1979 a stage of the Federal Beach Erosion Control Project was completed and
experienced rapid erosion. The homes within the Surfside Colony were
threatened and in December of 1982 the City of Seal Beach constructed a
Revetment. This revetment is a shoreline structure designed to protect the
homes. This revetment was constructed with an emergency Coastal
Development Permit. The Coastal Commission placed four conditions upon
approval of the permit. Those conditions are summarized as follows:
• Surfside Colony dedicate an easement for public access and passive
recreational use along its private beach (referred to as lateral access).
• Surfside Colony dedicate an easement for the future construction of a
boardwalk to extend the length of the revetment on the Surfside Colony
side.
• Surfside Colony dedicate an easement for pedestrian and bicycle access
across its property from Pacific Coast Highway to the beach (referred to
as vertical access).
• Surfside Colony post conspicuous signs to inform the public of its right to
cross the Colony's property to the ocean.
The Surfside Colony challenged the conditions by filing a lawsuit seeking review
of the imposition of the conditions. The trial court ruled that three of the four
conditions constitute an unconstitutional taking of private property without just
compensation. On appeal, the appellate court affirmed the trial court's ruling,
and further found that the condition requiring lateral access easement is also an
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unconstitutional taking of private property without compensation. The appellate
court's published opinion refers to the beach in front of the Surfside Colony as
private. Surfside Colony v. Coastal Commission, 226 CaL App. 3d 1260 (1991).
To date, the Surfside Colony has not granted any access easements to its
private property.
Construction of the revetment was funded through formation of a Redevelopment
Agency Project Area. This Surfside Redevelopment Agency Project Area was
formed for the purpose of funding the revetment and was formally dissolved in
2004. Since the formation of that Redevelopment Project Area in the early
1980's, redevelopment law has been significantly altered. There would be no
basis to form a new project area. The revetment structure is typically buried
under sand, and since the original construction it has been exposed only once.
In 1995 the Federal Beach Erosion Control Project was deferred and the
revetment became exposed. It was determined that in order to protect private
property for that winter season, maintenance was required for the revetment. In
December of 1995 1,400 tons of stone was added to the revetment for a cost of
approximately $61,500. This work was again done under an emergency Coastal
Development Permit. The revetment is located on private property and the
Surfside Colony is responsible for its maintenance. Future maintenance will only
become necessary should the revetment become exposed to wave and tidal
action.
The property line for the oceanfront homes within the Surfside Colony is defined
as the Mean High Tide water line. This line is constantly moving so the Surfside
Colony and the State Lands Commission executed an agreement in 1966
permanently defining this line as between 65 feet and 120 feet on the ocean side
of the oceanfront homes. Further towards the Ocean beyond that property line,
the beach is public property. Thus, where private property ends and public
property begins is a complicated issue. The main method of accessing this
beach is to park south of Anderson Street in Sunset Beach and walk laterally
down the beach. No public parking is available within the Surfside Colony for the
beach. Funding improvements to a private beach could potentially raise
questions regarding the Gift of Public Funds Doctrine. Staff has not performed
any research into this issue at this time.
ANALYSIS:
On February 17, 2011 the Surfside Colony sent a letter to the City of Seal Beach
requesting three items. The original letter is attached to this staff report. The
requests are summarized as follows:
• Surfside Colony requests that City of Seal Beach fund future stages of the
Federal Beach Erosion Control Project. The request states that the typical
cost has been $75,000 every five to six years.
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• Surfside Colony requests City of Seal Beach fund annual sand berm
construction. The request asks for $9,000 annually. The City currently
pays the Surfside Colony for maintenance of the beach.
• Surfside Colony requests that City of Seal Beach assume maintenance of
Revetment and fund a study to recommend proper course of action should
there be major storms. The requested maintenance is unknown at this
time and expected to be minimal as long as the revetment is buried under
sand.
The first two requests are problematic because of the issues identified above
(e.g., whether the work requested would be on private land, the amount of
accessibility afforded to the public, etc.). For the third request the revetment lies
solely on private property. If the Council so directs, staff could further research
the ability of the City to incur expenditures that may or may not benefit the public
at large.
FINANCIAL IMPACT:
There is no financial impact with this action unless directed by the City Council to
include specific requests within the fiscal year 2011/2012 budget.
RECOMMENDATION:
It is requested that the City Council receive and file this update to the Surfside
Colony Request Letter dated February 17, 2011.
SUBMITTED BY: NOTED AND APPROVED:
Sean Crumby, P.E. I '-. Ingram,
Director of Public Wd s Acting City Manager
Attachments:
A. Surfside Request Letter dated 2 -17 -11
.. RECEIVED
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The Honorable Mayor Pro Tem Gary Miller 2/17/2011
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Re: Surfside Colony Beach Expenditures
Dear Mr. Miller:
The Board of Directors of Surfside Colony would like to ask the City Council to review certain costs
currently being provided by Surfside and to consider providing funds in the City's annual budget to address
these items. These were previously discussed with the prior City Manager David Carmany at two meetings in
2009 and 2010 and during numerous phone conversations and a -mails (see attached). The intent is to have
the City to take over responsibilities for Surfside's beach similar to how they provide for East Beach. Surfside
has absorbed these costs in the past but now feels that it is the fair thing to do for the City to assume these
costs.
Periodic Sand Replenishment to Surfside Beach- Every five to six years the United States Army Corps of
Engineers performs offshore dredging operations to bring sand back to the beach at Surfside to replace the
sand that has been removed due to waves and wind erosion. This replacement sand acts as the source of
downstream sand nourishments to cities such as Sunset Beach, Huntington Beach & Newport Beach and these
cities all pay a portion of this periodic sand replenishment. In the past Surfside Colony has been paying a
portion of this sand fill and is now asking the City of Seal Beach to assume responsibility for this cost. Surfside
Colony was annexed by the City in 1968 and the City controls a II of the beach activity within certain limits of
the mean high tide line. The periodic sand replenishment is also an effort to maintain that mean high tide line
and is critical to the health and safety of beach goers of Seal Beach. Historically the cost paid by Surfside
Colony, adjusted for inflation and current dollars, averaged approximately $75,000 for each sand fill. At this
time Surfside Colony would like the City Council to appropriate sufficient funds in order to pay for the periodic
sand replacement on Surfside Beach.
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Surfside Colony Beach Expenditures
Beach Cleaning and Berm Construction- Currently the City and Surfside Colony have an agreement for
Surfside maintenance personnel to periodically clean and maintain the beach for which the City pays Surfside
a monthly fee. This fee is subject to annual increases per the agreement and does not include the cost for
constructing and removing a protective sand berm that Surfside currently pays for. Similar to what the City
currently does on East Beach each year, Surfside also erects a sand berm each winter to prevent escalation of
erosion of the beach and to protect homes. The cost to construct and remove this berm is $6,000 per year for
a one -time cost with supplemental "touch ups" to the berm costing another $3,000 average. At this time
Surfside Colony would like the City Council to appropriate sufficient funds each year towards paying for the
sand berm construction and maintenance.
Rock Revetment- In 1982 -1983 a large winter storm event caused massive erosion to Surfside's beach all the
way up the houses on the northern end of the Colony. The City acted in an emergency to install a rock
revetment in front of the houses to prevent further erosion and to save homes. Since that time the periodic
sandfills have left this revetment burled under sand and there have been no further threat to health and
safety. Surfside Colony is confident that if the sandfills are occurring periodically as planned then there should
be no further interest in the revetment from either Surfside or the City. However, in the event that the Army
Corps is delayed in providing sandfilis and the revetment is again exposed then there should be an emergency
plan in place and the City should appropriate sufficient funds to act to reinforce the revetment and to further
protect the health, safety and property of the Surfside residents. At this time it is difficult to determine exactly
what will be needed to protect the revetment so Surfside Colony would like the City to appropriate sufficient
funds to have Moffat & Nichols, the engineer who designed the revetment, perform a current study of the
revetment and to offer their opinion as to what the appropriate course of action should be in the event of
another major storm event.
The above are faithfully submitted for your review. Please let our Board know if you have any
questions or require further information.
K.C. Coultrup
Board Member, Surfside Colony
Cc:Mayor Mike Levitt
Councilman David Sloan
Councilman Gordon Shanks
Councilwoman Ellery Deaton
Pat importuna, City Manager
.fill Ingram, Asst. City Manager
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