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STATE LANDS COMMISSION - 1984-02-21
STATE OF CALIFORNIA kw� �r. NOLD SCHWARZENEGGER.Govemor CALIFORNIA STATE LANDS COMMISSION PAUL D.THAYER, Executive Officer 100 Howe Avenue, Suite 100-South , -- (916) 574-1800 FAX(916)574.1810 Sacramento, CA 95825-8202 r . Relay Service From TDD Phone 1-800 735-2922 L from Voice Phone 1.800 735.2929 Contact Phone: (916)574-1812 Contact FAX: (916)574-1925 December 21, 2004 File Ref: PRC 6616 City of Huntington Beach City Clerks Office Attn: Patty Esparza 2000 Main Street Huntington Beach, CA 92648 Dear Ms. Esparza: SUBJECT: General Lease-Public Agency Use for Operation and Maintenance of the Huntington Beach Municipal Pier and Related Concessions, Pacific Ocean, in the City of Huntington Beach, Orange County Enclosed please find the executed Amendment#1 to PRC 6616 that was authorized by the California State Lands Commission (CSLC) on August 22, 1990 and Amendment#2 that was authorized at the December 9, 2004 meeting. Amendment#1 authorized the reconstruction of the pier and Amendment#2 authorizes the existing restaurant structure and subleases. Thank you for all your efforts and cooperation in completing the application process. I can be reached at (916) 574-1812 or email at hay_sm(CDslc.ca.gov if you have other questions. ' cerely, C. s Mary C. Hays Public Land Management Specialist Enclosures cc: Jim B. Engle Director, Community Services r - RECORDED AT THE REQUEST OF AND NMEN RECORDED MAIL TO: STATE OF CALIFORNIA State Lands Commission Attn: Title Unit 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitted to free recordation rursuant to Government Code Section 27383 ! C� O iG !!J 1. 4 VlCKCC. tKJ Jt A.P.N. 240-1 sacs County: Orange County STATE OF CALIFORNIA STATE LANDS COMMISSION AMENDMENT #1 TO LEASE PRC 6616.9 WHEREAS,the State of California,acting through the State Lands Commission,hereinafter called Lessor,and,the City of Huntington Beach,a municipal corporation of the State of California,hereinafter called.the Lessee,have heretofore entered into an agreement designated as Lease PRC 6616.9,authorized by the State Lands Commission on May 7, 1984 and executed June 21, 1984,whcreby the Lessor granted to said Lessee a General Lease-Public Agency Use covering certain State Land situated in Orange County; and WHEREAS,Section 4,Paragraph 16(e)provides that the Lease maybe terminated and its terms, covenants and conditions amended, revised or supplemented only by mutual written agreement of the parties;and WHEREAS, by reason of the foregoing, it is now the desire of the parties to amend Lease PRC 6616.9. NOW THEREFORE,the parties hereto agree to amend the Lease as follows: 1. Lessee shall demolish the pier and remove all the pilings and debris as described in the demolition plan and shall replace the pilings and reconstruct the pier as described on the construction plans on file in the office of the State Lands Commission. Lessor acknowledges that Lessee has fully complied with this requirement. 2. Lessee expects the demolition of the pier to occur between September 1990 and December 1990, and the construction of the new pier to begin October 1990 and be completed by March 1992. Lessor acknowledges that Lessee has fully complied with this requirement. 1 ! r -r 3. The mailing address of Lessee in Section 1 (Basic Provisions) shall be: Attention: Director of Community Services City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 4. The authorized improvements listed in Section 1 (Basic Provisions)of the Lease are deleted in their entirety and replaced by the following: A reinforced concrete pier, restrooms, lifeguard tower and a facility for docking, landing and mooring vessels for rescue work. S. Lessee shall not construct any additional improvements or structures upon the Lease Premises without the prior consent of Lessor. 6. Section 3(Land Description)of the Lease is replaced by the land description attached as Exhibit "A" to this Amendment and incorporated herein by this reference. 7. Paragraph 4 of Section 2 (Special Provisions) of the Lease is deleted in its entirety. Lessor understands that due to the unsafe condition of the pier brought about by damage sustained during the winter storms of 1988 that the subleases approved by the Commission on May 7, 1984 as listed in Paragraph 4 of Section 2(Special Provisions)have been terminated by Lessee. 8. Lessee shall not enter into any subleases or concession agreements on the Lease Premises without the prior consent of Lessor. The effective date of this Amendment to the Lease shall be August 30, 1990. This Amendment is a portion of Lease document number PRC 6616.9,with a beginning date of February 1, 1984,consisting of four(4)sections with a total of nine(9)pages. All other terms and conditions of the Lease shall remain in full force and effect. 11 4 This Amendment will become binding on the Lessor only when duly executed on behalf of the State Lands Commission of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the elate hereafter affixed. LESSEE: STATE OF CALIFORNIA CITY OF HUNTINGTON BEACH STAT S COMMISSION a Municipal Corporation of the State of California By:— IlZ2M&AW-1-2By: Mayor ` Chief,Divislon of Date: Title: Land Management ATTEST: Date: DEC 2 4 2004 L L02�� ---- Execution of this document was authorized by the State - City Cleric Lands Commission on August 22, 1990. APPROVED AS TO FORM: City Attorney ��-51;10103 INITIATED AND APPROVED: 6 Z�b Dir .c r •of Communi V Services REVIEWED AND APPROVED: C' ,Administrator 3 EXHIBIT "A" PRC 6616 LAND DESCRIPTION A strip of tide and submerged land 180 feet wide situated in the City of Huntington Beach, Orange County, State of California, the centerline of said strip being described as follows: BEGINNING a.the intersection of the northeasterly line of Pacific Coast Highway (formerly Ocean Avenue) with the centerline of Main Street, thence S 41°41' 37"W • 2,095 feet to the end of said centerline of said strip of tide and submerged land. EXCEPTING THEREFROM all that portion lying landward of the ordinary high water mark of the Pacific Ocean. ALSO EXCEPTING THEREFROM all that portion lying landward of the Boundary Line Agreement 84 as recorded in Book 8183, page 3, Official Records of said County. END OF DESCRIPTION PREPARED JUNE 21, '1990 BY LLB. r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT e��e'��i'�'�.r`�s�+�i.�.�t�.'�fir�'�. _ _ i r�`t�.`�`�i�i.�i�.:�[�! '��'�r'�!�i�!���r'��•Y C State of California S5. County of On jt_IM�_H�6 46ibefore me, L ow # am Tee a ORS -to9 -.hm u"%7.'P�p[7 { personally appeared Q �� �1Q� _ _$f�'�d �f , yR[ �� W9)l r Xpersonally known to me to be the person(s) whose name(s) i a� subscribed to the within instrument acknowledged to me that he/s �xecuted the same in hislheCneu authorized capacity(ies), and that y hislhe .nei S signature(s)on the instrument the person(s),or the entity upon beha!f of which the person(s) KEItY LOUISE AANDIC acted, executed the instrument. Commission 11372899 WITNE S my hand and official seal. Notary Put Aic -California _ -* Orange County Nh��rrYr►Ocpres Sep i.2t706 Srr4kp .rwm""P ac OPTIONAL Though the iofomown bNtow is not Mulred by raw.N may prove valwWo to persons relying on the document and Could prevent hauduleni rerwval and waftachnwe o-•thrs form to anorher document. Description of Attached Document p � - Title or Type of Docum t: P—Vetr- 42 � �GS �0GOr? 5 6md 16. Q9s el Document Date: - Number of Pages: { Signer's)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: V❑ dividuat / an«moo rwe Corporate Officer—Title(s): �Q ❑ Partner—❑Umi,ed ❑General I� ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator rSS ❑ Other. Signer Is Representing: 0 OF 0- s t d1994kaewWM7t-yAaoaNan•P350tM$ppA»,P0.8w2A02•ChW�weiCAP!]!}2�(2•a..nr dW.drra/p Pmd.W*07 RMI&FCOTW¢nrf,00"7"&— RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA State Lands Commission Attn: Title Unit 100 Howe Avenue, Suite I00-South Sacramento,CA 95825-8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 LPAlk A80i L dlija UAL MR 17MURMN,J JG A.P.N. 240-1 5M6 County: Orange County STATE OF CALIFORNIA STATE LANDS COMMISSION AMENDMENT #2 TO LEASE PRC 6616.9 WHEREAS,the State of Cal ifornia,acting through the State Lands Commission,hereinafter called Lessor,and,the City of Huntington Beach,a municipal corporation of the State of California,hereinafter called the Lessee,have heretofore entered into an agreement designated as Lease PRC 6616.9,authorized by the State Lands Commission on May 7, 1984 and executed June 21, 1984,whereby the Lessor granted to said Lessee a General Lease-Public Agency Use covering certain State Land situated in Orange County; and WHEREAS,Section 4,Paragraph 16(e)provides that the Lease may be terminated and its terms, covenants and conditions amended, revised or supplemented only by mutual written agreement of the parties; and WHEREAS,by reason of the foregoing,it is now the desire of the parties to amend the foregoing Agreement. NOW THEREFORE,the parties hereto agree to amend the Lease as follows: 1. Lessor consents to all improvements and structures on the Lease Premises that exist as of April 1,2003. Lessee shall not construct any additional improvements or structures upon the Lease Premises without the prior approval of Lessor,which approval will not be unreasonably withheld. 2. Paragraph 1 of Section 2(Special Provisions)of the Lease agreement is to be replaced with the following: Lessee agrees to provide Lessor with an annual report showing whether or not expenses 1 for the operation and maintenance of the Lease Premises have exceeded the income generated thereon. If for any reporting period,the amount of income generated exceeds expenses for operation and maintenance of the Lease Premises, Lessor shall have the right to set a monetary rental for such period. The monetary rent shall not exceed one half(501/o)of the income generated above the expenses for operation and maintenance of the Lease Premises for the reporting period. The annual report shall be due August 0 of each year and shall cover income and expenses for the prior fiscal year. The parties understand and agree that the Lessee's"income" for the reporting purposes of determining rent under the Lease shall not include any tax income. "Expenses"shall include direct costs and indirect costs, including administrative expenses,payment of bond and loan obligations, as determined under the Lessee's cost allocation system. All such indirect costs shall be attributable to the operation and maintenance of the Lease Premises. 3. Paragraph 4 of Section 2 (Special Provisions)of the Lease is deleted in its entirety. Lessor acknowledges and consents to the follo%Ning leases(subleases), concession and license agreements,and/or permits between Lessee and the foliowring entities on the Lease Premises: Ruby's Diner,Inc. Doug Cavanaugh 110 Newport Center Drive, Suite 110 Neivport Beach, CA 92660 (949)644-7878 Ex. 104 Location: One Pacific Coast Highway, Huntington Beach,CA 92648 Let's Go Fishing Cliff Johnson 11734 Forrest Grove Street El Monte, CA 91732-2224 (626)442-8737 Location: One Pacific Coast Highway,Huntington Beach,CA 92648 Carden's Coin Telescopes Gary and Laura Gardhouse 20065 Kayne Street Corona,CA 91719 (909) 371-5268 Location: One Pacific Coast Highway,Huntington Beach,CA 92648 Surf City Store Tina Viray 19502 Ranch Lane#103 Huntington Beach, CA 92648 (714) 374-0277 Location: One Pacific Coast Highway, Huntington Beach,CA 92648 t" C i ' Kite Connection Dave Shenkman P. O. Box 53 Huntington Beach,CA 92648 (714)642-4996 Location: One Pacific Coast Highway,Huntington Beach, CA 92648 4. Except as set forth herein,Lessee shall not enter into any future subleases or concession agreements on the Lease Premises without the prior consent of Lessor,which consent will not be unreasonably withheld. 5. Paragraph 5 of Section 2 (Special Provisions)of the Lease is to be replaced by the following: Notwithstanding the term specified in Section 1, Lessee shall have the right to rene-a-this Lease for an additional tern of 14 years upon such reasonable terms and conditions as the State, or any successor in interest thereto, might impose. Lessee understands that such renewal shall require the prior written consent of Lessor, which consent shall not be unreasonably withheld. 6. Paragraph 6 of Section 2(Special Provisions)of the Lease is to be replaced by the following: Notwithstanding Paragraph 13 of Section 4 herein,Lessee shall have no obligation to remove the pier under any expiration or sooner termination of this Lease if at such time the pier is in good order and repair and in safe condition. Lessor shall have the right to hire at Lessee's sole expense,a registered engineer for the purpose of inspection the pier and providing Lessor with a written report on the condition and structural soundness of the pier at such time of expiration or termination of this Lease. 7. Section 3 (Land Description)of the Lease includes an additional Exhibit "B"which is a map supplied by the Lessee depicting the Lease Premises and incorporated herein by this reference. The effective date of this Amendment to Lease PRC 6616.9 shall be April 1,2003. This Amendment is a portion of document number PRC 6616.9,with a beginning date of February 1, 1984,and first amended on August 30, 1990. All other terms and conditions of the Lease shall remain in full force and effect. 3 This Amendment%k ill become binding on the Lessor only when duly executed on behalf of the State Lands Commission of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date hereafter affixed. LESSEE: STATE OF CALIFORNIA CITY OF HUNTINGTON BEACH STATE LANDS COMMISSION a Municipal Corporation of the State of California By: lu B 4ayor ff Chlef,Divislon of Date: z-s�' oz Title: Land Management ATTEST: Date: DEC 2 4 2004 Ve,r�&t-10—- j,..,&A4 Execution of this document was authorized by the State City Clerk Lands Commission on APPROVED AS TO FORM: r City Attorne ,/�0/03 INITIATED AND APPROVED: Dir ct r-of Community SbIvices REVIENVED AND APPROVED: Administrator 4 EXHIBIT "A" PRC 6616 LAND DESCRIPTION A strip of tide and submerged land 180 feet wide situated in the City of Huntington Beach, Orange County, State of California, the centerline of said strip being described as follows: BEGINNING at the intersection of the northeasterly line of Pacific Coast Highway (formerly Ocean Avenue) with the centerline of Main Street, thence S 410 41' 37" W 2,095 feet to the end of said centerline of said strip of tide and submerged land. EXCEPTING THEREFROM all that portion lying landward of the ordinary high water mark of the Pacific Ocean. ALSO EXCEPTING THEREFROM all that portion lying landward of the Boundary Line Agreement 84 as recorded in Book 8183, page 3, Official Records of said County. END OF DESCRIPTION PREPARED JUNE 21, 1990 BY LLB. EXHIBIT B Ah AOL +tom CAUTION WHEN USING THIS YAP emw.asa.wrv�.q ~Tw Lp'o�uK.dB�nm tiP.d mnVw�vmrn. `` ,• �O�Sf y� State Lands Pier Lease Premises Area City of Huntington Beach APN m a•15046 This exhibit is solely for purposes of generally ® Pial�eAtn defining the lease premises, is based on unverified information provided by lessee or other parties,and is N not intended to be, nor shall it be construed to as a Par waiver or limitation of any state interest in the subject o� or any other property. Public Works Department CCUWLiaet 250 0 250 Feet DBMS August 2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomla ss. County ofbefore me,A Dw f hx •r 4 Tt�d ray(.q .& Dq-.NdrY�P}wK'� e personalty appeared G1� 1�� _4/ s} — �11 j fA C kWQ 1Yn016)cr b9wgSj Kersonally known to me to be the person(s) whose name(s) i4o subscribed to the within Instrument and i , acknowledged to me that he/sh [ney xecuted the same In his/he :ne,r authorized capacity(ies), and that y hislhecE signature(s)on the instrument the person(s1,or the entity Capon behalf of which the person(s) �! KELLY LOUISE MANDIC acted,executed the instrument. Commission tt 1372899rom WITNESS my hand and official seal, Notary Put)f c -CptifomiQ ' ' r ' Orange County Idly Cornnn.En*es S(3p I.M sgww.d Ha.,ruac OPTJOUAL 'y Though the Yilormatioa blow is not required by law,if may prove valuaNe to persons relying on the axument and could prevent fraudulent removal and reaftachmenr of this form to another document. Description of Attached Document s Title or T)p of Document: ' - a P VAC-2 !D e_Ge ss''� b fn Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: - r ❑ Individual _Y04A f E ' or vKrro roB { VCorporateOfficer—Title(s):MQ �_ �]/ ^ , ❑ Panne►—❑Limited ❑General r ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Aepresenting:Gto00"404 _ t 0 1999 Newrw 11owy Axombon-9X0 Do Solo Ave..PO.Box 2402-C1rfawo-9t CA 9171?2&%*r irmWrotW ON Prof.%(k SW? A-o W Cr Tb"f"140"? W STATE OF CALIFORNIA GRAY DAVIS.Governor CA!IFORNIA STATE LANDS COMMISSION PAUL D.THAYER,Executive Officer 10C Howe Avenue, Suite 100-Souther (916)574-1800 FAX(916)574-1810 Sacramento, CA 95825-8202 �_ ' Califomia Relay Service From TDO Phone 1.800.735-2922 y from Voice Phone 1-800-735-2929 Contact Phone: (916)574-1812 Contact FAX. (916)574-1925 Emaff: haysm@stc.ca.gov February 14, 2003 File Ref: PRC 6616.9 Ron Hagan Director Community Services Department 2000 Main Street Huntington Beach, CA 92648 Dear Ron: Subject: Amendments to General Lease-Public Agency Use, Huntington Beach Municipal Pier Attached, please find two original copies of the 1990 previously approved Amendment#1 and two original copies of Amendment#2 that have been reviewed and revised by the City and staff of the CSLC. I have changed the effective date to April 1, 2003 on Amendment#2 and have included your changes, however, the use of certain languagelterminology is an agency requirement for our lease documents. If you find that the documents to be in order, please have both copies executed before a notary public and return both original copies to this office together with a certified copy of the resolution authorizing execution on behalf of the City of Huntington Beach. I will submit the Amendment#2 for approval by the Commission at an upcoming, as yet unscheduled, meeting. The original executed copy of each amendment will be returned to you upon approval by the Commission. I do appreciate all of your assistance and look forward to receiving the executed documents. If you have any questions, please give me a call at 916 574-1812. Sincerely, c . OY a�CH ys Public Land Management Specialist Enclosures CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK jurte -' , Uri California State Lands Commission 100 Howe Avenue—Suite 100-South Sacramento, CA 95825-8202 Attention: Mary C. Hays, Public Land Management Specialist Enclosed are two Original Amendment No. 1 and two Original Amendment No. 2 to the PRC 6616.9 between the City of Huntington Beach and the State Lands Commission. We would appreciate it if when executed by the State and following recordation by the State, that the city's original be returned to the Office of the City Clerk, 2000 Main Street, Huntington Beach, California, 92648. Thank you very much. Connie Brockway CMC y City Clerk Enc. Two Originals of Amendment No. 1 and Amendment No. 2 Certified Copy of Huntington Beach City Council Resolution No. 2003-43. 1Telephonr 714-53"2271 Council/Agency Meeting Held: G Deferred/Continued to: approved L3 Conditionally Approved O Denied City Clerk's Sign re Council Meeting Date: .tune 16, 2003 Department ID Number: CS03-012 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator w fw T' 7. PREPARED BY: JIMT�S ENGLE, Director, Community Sery a /(/o a 00,3 -yam SUBJECT: ADOPT RESOLUTION AUTHORIZING EXE TION OF AMENDMENTS TO LEASE AGREEMENT WITH STATE LANDS COMMISSION FOR OPERATION AND MAINTENANCE OF HUNTINGTON BEACH PIER AND RELATED CONCESSIONS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Anafysis,Environmental Status,Attachment($) Statement of Issue: There is a need for Council to adopt a resolution authorizing the execution of amendments to the General Lease with the State Lands Commission covering the state land over which the municipal pier is built. Funding Source: NA Recommended Action: Motion to: Adopt Resolution No.adO3 -�� Authorizing Execution by the Mayor and City Clerk of Amendments to a Lease Agreement between the City and California State Lands Commission for Operation and Maintenance of Huntington Beach Pier and Related Concessions. Alternative Action(s): Do not approve the resolution authorizing execution of the Amendments to Lease PRC 6616.9, and do not comply with the State Lands Commission requirement of a general lease covering land on which the Huntington Beach Municipal Pier is situated. Analysis: In 1990, when Council approved rebuilding the Huntington Beach Municipal Pier, the city was required to enter into an amendment of its Lease #PRC 6616.9 with the State of California, State Lands Commission for the state land upon which the pier was built. This area is defined as a 180 foot strip of submerged land under the pier (see map included as Attachment 3, Exhibit B). State Lands authorized the demolition and reconstruction of the pier to include restrooms and lifeguard stations, and the termination of the three subleases. However, the amendment was never executed by either State Lands or the city. At that time, T -6, REQUEST FOR COUNCIL ACTION MEETING DATE: June 16, 2003 DEPARTMENT ID NUMBER: CS03-012 there was a clause in the amendment requiring all revenue received from subleases or concessions on the pier to go to the State Lands Commission. The city did not agree to that language and, consequently, never approved or processed the amendment. Neither did the city comply with State Lands Commission requirements for submitting an application for subleases of State Lands property when the city allowed Ruby's and other pier concessions on the pier. In December 2000, State Lands communicated other areas where the city had not complied with provisions of General Lease PRC 6616.9, such as providing annual reports to State Lands detailing income and expenses resulting from operation of the pier. The resolution to be adopted (Attachment #1) will authorize execution by the Mayor and City Clerk of both Amendment #1 (Attachment 2) and Amendment #2 (Attachment 3). Amendment #1 corrects the oversight of obtaining State Lands approval to demolish and rebuild the municipal pier, as well as terminates former pier subleases. Amendment #2 represents the agreement between the city and State Lands on language that grants State Lands approval of subleases and concession agreements on commission-controlled property, i.e., the pier, and at the same time, allows the city to collect revenue from such subleases and concession agreements to maintain and operate the pier. Amendment #2 also revises the annual reporting requirement with respect to the maximum rent the city may charge for the operation and maintenance of the pier as follows: "The monetary rent shall not exceed one half (50%) of the income generated above the expenses for operation and maintenance of the Lease Premises for the reporting period" (Attachment#3, Section 2). This language allows the city to generate sufficient income to offset operating costs for the municipal pier. Environmental Status: NA Attachment(s): City Clerk's Page Number No. Description 1 Resolution No. cQ64,3- 3 2 Amendment#1 3 Amendment#2 RCA Author: JBE:cr 03-012 Amendments to Lease with State Lands for Pier Property -2- 5/30/2003 10:48 AM f- RESOLUTION NO. 2003-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY _ OF HUNTINGTON BEACH AUTHORIZING EXECUTION BY THE MAYOR AND CITY CLERK OF AMENDMENTS TO A LEASE AGREEMENT BETWEEN THE CITY AND CALIFORNIA STATE LANDS COMMISSION FOR OPERATION AND MAINTENANCE OF HUNTINGTON BEACH PIER AND RELATED CONCESSIONS WHEREAS,the City of Huntington Beach operates and maintains the Huntington Beach Municipal Pier,partially located upon tidelands ovned by the State of California, NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Huntington Beach that it does hereby approve the Amendments to the Lease with California State Lands Commission for the use of tidelands for the operation and maintenance of the Huntington Beach Municipal Pier,together with its related concessions. A copy of said Amendments are attached hereto and by this reference made a part hereof as though set out in full herein. BE IT FURTHER RESOLVED that the Mayor and City Cleric are authorized and directed to execute the Amendments herein referred to,and fonvard same to the proper authorities at the State Lands Commission for consideration. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the t nth day of _ _June_!2003. r Mayor ATTEST: APPROVED AS TO FORII& City Clerk ity Attorney REVIENNTD AND APPROVED: INITIATED AND APPROVED: City Ad inistrator Dire cto of Communit ervices 03reso/state pier/5/14,'03 Res. No. 200343 STATE OF CALIFORNIA COUNTY OF.ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 16th day of Jane 2003 by the following vote: AYES: Sullivan, Green, Boardman, Cook, Houchen, Hardy NOES: None ABSENT: Coerper ABSTAIN: done 4904;10 City Clerk and ex-officio erk of the City Council of the City of Huntington Beach, California RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA State Lands Commission Attn: Title Unit 100 HoNve Avenue, Suite 100-South Sacramento,CA-95825-8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 t C.t AnUrc JhIS . r.FOR RiLORDc4i L,JL A.P.K. 240-1 S o-06 County: thane County STATE OF CALIFORNIA STATE LANDS COMMISSION AMENDMENT#1 TO LEASE PRC 6616.9 NN IIEREAS,the State of California,acting Vrough the State Lands Commission,hereinafter called Lessor,and,the City of Huntington Beach,a municipal corporation of the State of California,hereinafter called the Lessee,have heretofore entered into an agreement designated as Lease PRC 6616.9,authorized by the State Lands Commission on May 7, 1984 and executed June 21, 1984,whereby the Lessor granted to said Lessee a General Lease-Public Agency Use covering certain State Land situated in Orange County; and NVIIEREAS, Section 4,Paragraph 16(e)provides that the Lease may be terminated and its terms, covenants and conditions amended, revised or supplemented only by mutual «Mitten agreement of the parties;and WHEREAS, by reason of the foregoing, it is now the desire of the parties to amend Lease PRC 6616.9. NOW THEREFORE,the parties hereto agree to amend the Lease as follows: 1. Lessee shall demolish the pier and remove all the pilings and debris as described in the demolition plan and shall replace the pilings and reconstruct the pier as described on the construction plans on file in the office of the State Lands Commission. Lessor acknowledges that Lessee has fully complied with this requirement. 2. Lessee expects the demolition of the pier to occur between September 1990 and December 1990, and the construction of the new pier to begin October 1990 and be completed by March 1992. Lessor acknowledges that Lessee has fully complied%%ith this requirement. 1 J. The mailing address of Lessee in Section 1 (Basic Provisions)shall be: Attention: Director of Community Services City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 4. The authorized improvements listed in Section 1 (Basic Provisions)of the Lease are deleted in their entirety and replaced by the following: A reinforced concrete pier, restrooms, lifeguard tower and a facility for docking, landing and mooring vessels for rescue work. 5. Lessee shall not construct any additional improvements or structures upon the Lease Premises without the prior consent of Lessor. 6. Section 3(Land Description)of the Lease is replaced by the land description attached as Exhibit "A" to this Amendment and incorporated herein by this reference. 7. Paragraph 4-of.Section 2 (Special Provisions) of.the Lease is deleted in its entirety. Lessor understands that due to the unsafe condition of the pier brought about by damage sustained during the winter storms of 1988 that the subleases approved by the Commission on May 7, 1984 as listed in Paragraph 4 of Section 2(Special Provisions)have been terminated by Lessee. 8. Lessee shall not enter into any subleases or concession agreements on the Lease Premises vdthout the prior consent of Lessor. The effective date of this Amendment to the Lease shall be August 30, 1990. This Amendment is a portion of Lease document number PRC 6616.9,with a beginning date of February 1, 1984,consisting of four(4) sections with a total of nine(9)pages. All other terms and conditions of the Lease shall remain in fell force and effect. 2 This Amendment will become binding on the Lessor only when duly executed on behalf of the State Lands Commission of the State of California. IN WITNESS «'HEREOF, the parties her.-to have executed this Amendment as of the date hereafter affixed. LESSEE: STATE OF CALIFORNIA CITY OF HUNTINGTON BEACH STATE LANDS COMMISSION a Municipal Corporation of the State of California By AA A Bv: Mayor Date; W Title: ATTEST: Date: Execution of this document bras authorized by the State City Clerk Lands Commission on August 22, 1990. APPROVED AS TO FORM: , - -,y�s City AttornfE6. s IC) INITIATED AND APPRO n�, D'i for r o Conununit Services REVIEWED AND APPROVED: Ci Administrator EXHIBIT "A" PRC 6616 LAND DESCRIPTION A strip of tide and submerged land 180 feet wide situated in the City of Huntington Beach, Orange County, State of California, the centerline of said strip being described as follows: BEGINNING at the intersection of the northeasterly line of Pacific Coast Highway (formerly Ocean Avenue) with the centerline of Main Street, thence S 410 41' 37" W 2,095 feet to the end of said centerline of said strip of tide and submerged land. EXCEPTING THEREFROM all that portion lying landward of the ordinary high water mark of the Pacific Ocean. ALSO EXCEPTING THEREFROM all that portion lying landward of the Boundary Line Agreement 84 as recorded in Book 8183, page 3, Official Records of said County. END OF DESCRIPTION PREPARED JUNE 21, 1990 BY LLB. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r' State of California County of On � t:efore me, — 144i/c �S We t N .and Tie of oftec Ir 9 'Jrr oea No" r personally appeared N W9Y Personalty known to me to be the person(s) whose name(s) I subscribed to the within Instrument .a acknowledged to me that helshcOpbxeculed the same in hislhe e"4 authorized capacity(ies), and that i his.lhe � signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. KELLY LO1115E MANDIC Conmiuirm It 137289 W1TNE S my hand and official seal. Notary Public •Caifornia _ Oronge County Nh+CatYTLE7��SeR3'� `°'a'yrw.� . OPTIONAL Though the Wotmation bets is not required ty few.>t may prove valizble to persons relying on to domewnt and could prevent (� f,-aL dulent removal and reaNachment of n s twm to snother document- C• Description of Attached Document iQ Titre or Type of Docum t: GonGQSs eg3 r Document Date: Number of Pages: Signer(s)Other Than Named Above: I i Capacity(ies) Claimed by Signer Signer's Name: 1jndividual Q f a=.awne.e YCorporate Officer—Titte(5): = Partner—❑Limited :3 General OF = Attomey-in-Fact Z Trustee Guardian or Conservator _ Other. Signer is Representing. a I"W-.aral No4y+WonabW•M Des=an.Po-Bw M•C-4a-".CA 9t 7f 3-24Q•e.w ft n*WWV oq Pwd No.NOT Powder Cal 7ba Foe 14W4'E-W a RECORDED AT THE REQUEST OF AND MIEN RECORDED MAIL TO: STATE OF CALIFORNIA State Lands Commission Attn: Title Unit 100 Howe Avenue, Suite I00-South Sacramento, CA 95825-8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 r'd(.a Adukc I nd LINEiuKntw ER.)USE A.P.N. 240-1 So-06 Count. Orange County STATE OF CALIFORNIA STATE LANDS COMMISSION AMENDMENT #2 TO LEASE PRC 6616.9 WHEREAS,the State of California,acting through the State Lands Commission,hereinafter called Lessor,and,the City of Huntington Beach,a municipal corporation of the State of California,hereinafter called the Lessee,have heretofore entered into an agreement designated as Lease PRC 6616.9,authorized by the State Lands Commission on May 7, 1984 and executed June 21,1984,whereby the Lessor granted to said Lessee a General Lease-Public Agency Use covering certain State Land situated in Orange County; and SVHEREAS,Section 4,Paragraph 16(e)provides that the Lease may be terminated and its terms, covenants and conditions amended, revised or supplemented only by mutual written agreement of the parties;and WHEREAS,by reason of the foregoing,it is now the desire of the parties to amend the foregoing Agreement. NOW THEREFORE,the parties hereto agree to amend the Lease as follows: 1. Lessor consents to all improvements and structures on the Lease Premises that exist as of April 1,2003. Lessee shall not construct any additional improvements or structures upon the Lease Premises without the prior approval of Lessor,which approval will not be unreasonably%;nthheld. 2. Paragraph I of Section 2(Special Provisions) of the Lease agreement is to be replaced with the following: Lessee agrees to provide Lessor with ar.annual report showing whether or not expenses 1 for the operation and maintenance of the Lease Premises have exceeded the income generated thereon. If for any reporting period,the amount of income generated exceeds expenses for operation and maintenance of the Lease Premises,Lessor shall have the right to set a monetary rental for such period. The monetary rent shall not exceed one half(50%)of the income generated above the expenses for operation and maintenance of the Lease Premises for the reporting period. The annual report shall be due August I"of each year and shall cover income and expenses for the prior fiscal year. The parties understand and agree that the Lessee's"income"for the reporting purposes of determining rent under the Lease shall not include any tax income. "Expenses"shall include direct costs and indirect costs,including administrative expenses,payment of bond and loan obligations,as determined under the Lessee's cost allocation system. All such indirect costs shall be attributable to the operation and maintenance of the Lease Premises. 3. Paragraph 4 of Section 2(Special Provisions)of the Lease is deleted in its entirety. Lessor acknowledges and consents to the following Ieases(subleases),concession and license agreements, and,/or permits between Lessee and the following entities on the Lease Premises: Ruby's Diner,Inc. Doug Cavanaugh 110 Newport Center Drive, Suite 110 Newport Beach,CA 92660 (949) 644-7878 Ex. 104 Location: One Pacific Coast High%Nay,Huntington Beach, CA 92648 Let's Go Fishing Cliff Johnson 11734 Forrest Grove Street El Monte,CA 91732-2224 (626)442-8737 Location: One Pacific Coast Highway,Huntington Beach,CA 92648 Carden's Coin Telescopes Gary and Laura Gardhouse 20065 Kayne Street Corona,CA 91719 (909)371-5268 Location: One Pacific Coast Highway, Huntington Beach, CA 92648 Surf City Store Tina Viray 19502 Ranch Lane 4 103 Huntington Beach,CA 92648 (714) 374-0277 Location: One Pacific Coast Highway,Huntington Beach,CA 92648 2 r k Kite Connection .Dave Shenkman P. O. Box 53 Huntington Beach, CA 92648 (714)6424996 Location: One Pacific Coast Highway,Huntington Beach, CA 92648 4. Except as set forth herein, Lessee shall not enter into any future subleases or concession agreements on the Lease Premises without the prior consent of Lessor,which consent will not be unreasonably withheld. 5. Paragraph 5 of Section 2(Special Provisions)of the Lease is to be replaced by the following: Notwithstanding the term specified in Section 1, Lessee shall have the right to renew this Lease for an additional term of 14 years upon such reasonable terms and conditions as the State, or an), successor in interest thereto, might impose. Lessee understands that such renewal shall require the prior written consent of Lessor, which consent shall not be unreasonably withheld. 6.' Paragraph 6 of Section 2 (Special Provisions)of the Lease is to be replaced by the following: Notwithstanding Paragraph I3 of Section 4 herein, Lessee shall have no obligation to remove the pier under any expiration or sooner termination of this Lease if at such time the pier is in good order and repair and in safe condition. Lessor shall have the right to hire at Lessee's sole expense,a registered engineer for the purpose of inspection the pier And providing Lessor with a written report on the condition and structural soundness of the pier at such time of expiration or termination of this Lease. 7. Section 3 (Land Description) of the Lease includes an additional Exhibit`B"which is a map supplied by the Lessee depicting the Lease Premises and incorporated herein by this reference. The effective date of this Amendment to Lease PRC 6616.9 shall be April 1,2003. This Amendment is a portion of document number PRC 6616.9,with a beginning date of February 1, 1984,and first amended on August 30, 1990. All other terms and conditions of the Lease shall remain in full force and effect. 3 This Amendment v zll become binding on the Lessor only when dulyexecuted on behalfofthe State Lands Commission of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date hereafter affixed. LESSEE: STATE OF CALIFORNIA CITY OF HUNTINGTON BEACH STATE LANDS COMMISSION a Municipal Corporation of the State of California By: PBy: 'Iayor Date: oz) Title: ATTEST: Date: V'r"� Execution of this document was authorized by the State City Clerk Lands Commission on APPROVED AS TO FOMI: -� City Attome S/io/o3 INITIATED AND APPROVED: Dir ct r of Community SVvices REVIEWED AND APPROVED: Administrator 4 T .+ EXHIBIT "A" PRC 6616 LAND DESCRIPTION A strip of tide and submerged land 180 feet wide situated in the City of Huntington Beach, Orange County, State of California, the centerline of said strip being described as follows: BEGINNING at the intersection of the northeasterly line of Pacific Coast Highway (formerly Ocean Avenue) with the centerline of Main Street, thence S 410 41' 37"W 2,095 feet to the end of said centerline of said strip of tide and submerged land. EXCEPTING THEREFROM all that portion lying landward of the ordinary high water mark of the Pacific Ocean. ALSO EXCEPTING THEREFROM all that portion lying landward of the Boundary Line Agreement 84 as recorded in Boole 8183, page 3, Official Records of said County. END OF DESCRIPTION PREPARED JUNE 21, 1990 BY LLB. EXHIBIT B r^ CAunow '•Y •i i • s j� WHEN UNNo WS MAP ••� \� !/.�rr.�Rnw urwlir • t• �rrr.rwlw�rrr..y '•v !r r.r►�wrt.�wr �..�.rr..rrr.\ `• i r 'off State Lands Pier Lease 5 Area Premises City of Huntington Beach AFN M4-ISO-06 _ This exhibit Is solely far purposes of generally Pier ImmArea defninp the lease premises. Is based on unverified inftrmation provided by lessee or other parties,and is N nct intended to be, nor shall It be construed to as a pig waiver or limitation of any State interest In the subject ' IRiShu of Wry w o41 E � cr any other property. •� • Man High rze Lime � PabUt Worla Dgp*r est 4 Ancbar t mrs S a I ..-.......x. I1] CeaterUxt 250 0 250 Feet t1sGL4 Asywtsoot I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of - On V..40, —before me,, l Dais IF � — Q/ �f persona!ly appeared Q 4yie #�D c JCWA k&Ms)tl I 1persanally known to me to be the person(s) whose names) i are subscribed to the within instrument and acknowledged to me that helsti . ey xecuted the same in his/he lEir a-ithoriaed capacity(ies), and that y hislhe esr signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) KfllY LOUSE MAN= acted,executed the instrument. Notarymission 413TZ894 ifornfa WITN SS my hand and official seal. .� Public- CV Orange Counter My Cornrm Ex;)kesSep 1•= s.�n.a..W whry T oPrionrat Thoagh the infprm wn Detow is not required bylaw,h may pm"vaf-etxe to persons relying on the daxumenl and txw:dpmvent fraudulent removal and realfachment or this form to another d=menr. Description of Attached Document at Title or Typ of Document: ' Document Date: Number-of Pages:— '• Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer ' Signers Name: ❑ Individual • r Of 7 ro two VCorporate Officer—Title(s): ❑ Partner—❑limited ❑General 3 ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. 1 Signer Is Representing: o i999 M]aW kaur Aummbmr-9750 0e sm Ave..Po Prod-I46.S997 n.aa.r Co Tc"rw rao04'64W Brockway. Connie To: Engle,Jim Subject: State lands Comm Lease Hi Jim,1 am getting almost ready to mail the State Lands Comm Lease to Mary at the State(waiting for the Mayor on Monday to come and have signature notarized) need to know if the expiration stays at 1/31/2019 so my computer records will be right. Thanks, Connie s `�T;`.`c OF CALIFORNIA -nD Dcr;ORDERS USE ONLY ST,krE ;.AN'!SCOMMISSION 8 J»1` 3S78 RECORDED AT THE REQUEST OF �v� ED IN�F ICIAL REGOR � OF ORANGE COUNTY CALIFORNIA City of Huntington Beach � 12 AIM MAY Z 1 '85 EXENIPT ((�� T /� C OUNTY WHEN RECORDED MAIL TO CITY OF HUNTINGTON BEACri Office of the City Clerk w 2453 P. 0. Box 190 Huntington Beach, Calif. 92648 LEASE NO. h � ' This Lease consists of this summary and the following attached and incorporated parts: Section 1 Basic Provisions Section 2 Special Provisions amending or supplementing Section 1 or 4 Section 3 Description of Lease Premises This document is solely for the Section 4 General Provisions official business of the City of Huntington Beach, as contem- plated under Government Code SECTION 1 Sec. 6103 and should be recorded free of charge. BASIC PROVISIONS THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the STATE LANDS COM- MISSION (1807 - 13th Street,Sacramento,California 95814), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Administrative Code, and for consideration specified in the Lease,does hereby lease, demise and let to: City of Huntington Beach hereinafter referred to as Lessee: P.O. Box 190 WHOSE MAILING ADDRESS IS: Huntington Beach, California 92648 those certain lands described in Section 3 subject to the reservations,terms,convenants and conditions of this Lease. LEASE TYPE: General Lease - Public Agency Use Pacific Ocean at City of LAND TYPE: Tide and Submerged LOCATION: Huntington Beach, Orange County LAND USE OR PURPOSE: Operation and maintenance of a public recreational pier and related concessions. TERM: Thirty-five (35) years; beginning February 1, 1984 ending January 31, 2019 unless sooner terminated as provided under this Lease. CONSIDERATION: $ The Public Use and Benefit. subject to modification by Lessor as specified in Paragraph 2(b) of Section 4. l AUTHORIZED IMPROVEMENTS: A steel and concrete pier along with two sandwich and beverage shops, bait and tackle shop, proposed restaurant, and a facility for docking, landing and mooring vessels. See above 97 EXISTING: 13c TO BE CONSTRUCTED; CONSTRUCTION MUST BEGIN BY: N/A AND BY COMPLETED BY: February 1, 1985 LIABILITY INSURANCE: N/A SURETY BOND OR OTHER SECURITY: N/A SECTION 2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED OR SUPPLEMENTED AS FOLLOWS: 1. Lessee agrees to provide Lessor with an annual report showing whether or not expenses for the operation and maintenance of. the Lease Premises have ex- ceeded the income generated thereon. If for any reporting period, the amount of income generated exceeds expenses for operation and maintenance of the Lease Premises, Lessor shall have the right to set a monetary rental for such reporting period. The annual report shall be due August 1 of each year and shall cover income and expenses for the prior fiscal year. The parties understand and agree that the City's "income" for the purposes of determining rent under this Lease shall not include any tax income. "Expenses" shall include indirect costs, including administrative expenses and payment of bond obligations, as determined under the City's cost allo- cation system. All such indirect costs shall be attributable to the operation and maintenance of the Lease Premises,, It is further agreed that any income in excess of expenses not paid to the State as rental shall be used exclusively for operation and maintenance of Lease Premises. 2. All annual reports submitted to the State Lands Commission are subject to audit and revision by the State Lands Commission, and Lessee agrees that the State Lands Commission may inspect all Lessee's books, records, and docu- ments relating to the operation of the leased premises at all reasonable times. Any statutory or other right that the Lessee may have to object to such inspection by the State Lands Commission are hereby waived. 85--183878 � -r} The Lessee shall maintain books and records of all financial transactions relating to the leased premises in accordance with generally accepted accounting principles. These records shall be supported by source docu- ments such as agreements with renters, copies of invoices, receipts, and other pertinent documents. 3. The Lessee hereby agrees that any signs or other types of printed notices installed to provide notification of the public use and benefit of the project as set forth herein, shall contain and reasonably display a statement to the effect that the State Lands Commission has contributed the lands underlying the project. Such statement may be as follows: "The land for- this project was provided by the State Lands Commission." or "A portion of the land required for this project was contributed by the State Lands Commission." 4. Lessor understands that Lessee has three existing leases to the follow- ing parties who shall hereafter be sublessees under this Lease. Lessor approves the existing subleases provided that the sublessees execute an appropriate document with Lessorlagreeing to be bound by the provisions of this Lease and provided that the State of California is named as ad- ditional insured on any liability insurance policy required by the subleases. (a) Sublease Agreement: Neptune's Locker Sublessees; Ella Christenson and-Joy Smith 633 Hartford Huntington Beach, California 92648 (b) Sublease Agreement: Tackle Box Sublessees: Same as in (a) above (c) Sublease Agreement: Captain's Galley Sublessees: Ella Christenson 633 Hartford Huntington Reach, .California 92648 Roger Cowdrey ' -27621 Agrado Mission Viejo, California 92692 L . a' -3- Lessee understands that any renewal of the above subleases or any new sublease entered into by Lessee, shall require the prior approv- al of Lessor as provided in Paragraph 10, Section 4, of this Lease. 5. Notwithstanding the term specified in Section 1, Lessee shall have the right to renew this Lease for an additional term of fourteen (14) years upon such reasonable terms and conditions as the State, or any successor in interest thereto, might impose. Lessee understands that any such re- newal shall require the prior written consent of Lessor. 6. Notwithstanding Paragraph 13 of Section 4 herein, City shall have no obligation to remove the pier under any expiration or sooner termination of -this Lease if at such time -- - _. - -the pier is -. in good order " and repair and in safe condition. Lessor shall have the right to hire, } at Lessee's sole expense, a registered engineer for the purpose of in- specting the pier and providing the State with a written report on the condition and structural soundness of the pier at such time of termination. 7. Force majeure: The obligations imposed upon Lessee by the provisions of this Lease shall be suspended during such time as the Lessee is pre- vented from complying therewith, in whole or in part, by acts of war or conditions arising out of or attributable to war, strikes, riots, acute and unusual labor or material shortages, acts of God, laws, rules and regulations of any federal, state, county or municipal agency or by such other unusual conditions as are beyond the control of the Lessee. SECTION 3 Land Description W 2453 A strip of tide and submerged land 120 feet wide situate within the City of Huntington Beach, Orange County, State of California, the centerline of said strip being described as follows: BEGINNING at the intersection of the northeasterly line of Ocean Avenue with the centerline of Main Street, thence S 41° 41 ' 31" W 2,065.92 feet to the end of said centerline of said strip of tide - and submerged land. EXCEPTING THEREFROM all that portion lying landward of the ordinary high water hark of the Pacific Ocean. END OF DESCRIPTION REVISED JANUARY 26, 1984, BY BOUNDARY AND TITLE UNIT, LEROY WEED, SUPERVISOR. SECTION 4 GENERAL PROVISIONS I. GENERAL pressly authorized in Section 1 or 2of this Lease shalt be con- These provisions are applicable to all leases,permits,r'*ghts-or- strutted by the Lessee on the Lease Premises without the way.easements,or licenses or other Interests in real property con- prior written consent of Lessor. Lessee shall notify Lessor veyed by the State Lands Commission. within ten (10)days after commencing the construction of authorized improvements and within sixty(60)days after 2. CONSIDERATION completing them. (a) Categories (1) Rental: (2) Alteration or Removal—Except as provided under this Lessee shall pay the annual rental as stated in Section 1 Lease,no alteration or removal of existing improvements on or 2 to Lessor without deduction,delay or offset.on or before or natural features of the Leese Premises shall be undertaken the beginning date of this Lease and on or before each anni- without the prior written consent of Lessor. versary of its beginning date during each year of the Lease term. (d) Conservation: E Lessee shall practice conservation of water and other natural 12) Royalty or other consideration: resources and shall prevent pollution and harm to the environ- Lessee shall pay a royalty or other consideration in the ment In or on the Lease Premises. amount, method and manner as specified in Section 1 of 2. (e) Enjoyment: 13) Non-Monetary Consideration: Nothing In this Lease shall preclude Lessee from excluding If a monetary rental,royalty,or other consideration is persons from the Lease Premises when their presence or activity not specified in Section 1 or 2,consideration to Lessor for this constitute a material interference with Lessee's use and enjoy- ' Lease shall be the public use, benefit, health or safety,as ment of the Lease Premises as provided under this Lease. appropriate, however Lessor shall have the right to review such consideration at anytime and to seta monetaryrenialif 19 Discrimination: the State Lands Commission, at its sole discretion, deter- Lessee in its use of the Lease Premises shall notdiscriminate 'f mines that such action is in the best interest of the State. against any person or class of persons on the basis of race,color, Lessee shall notify Lessor within ten(10)days in the event creed,national origin,sex,age,or physical handicap. that the public ischarged any director indirect fee for use and enjoyment of the Lease Premises. (g) Residential Use: Unless otherwise allowed under this Lease.improvements (b). Modification on the Lease Premises shall not be used as s residence or for the Lessor may modify the amount or rate of consideration effec- purpose of mooring a floating residence- tive an each fifth anniversary of the beginning date of this Lease. Should Lessor fail to exercise such right effective on any fifth 5. RESERVATIONS,ENCUMBRANCES AND RIGHTS-OF-WAY anniversary it may do so effective on any one(l)of the next four(4) Is) Reservations: anniversaries following such fifth anniversary,without prejudice 11) Lessor expressly reserves all natural resourcbs In cr on to its right to effect such modification on the next or any succeed- the Lease Premises. including but not limited to oil, Coal, ing fifth anniversary.Any modification of the amount or rate of natural gas and other hydrocarbons,minerals,aggregates, consideration made pursuant to this paragraph shall conform timber andgeothermal resources,as well as the right togrant to Title 2,Division 3 of the California Administrative Code and no leases in and over the Lease Premises for the extraction of such modification shall become effective unless Lessee Is given such natural resources, however such leasing shall be written notice at least sixty(60)days prior to the effective date. neither Inconsistent nor Incompatible with the rights or privileges of Lessee under this Lease. Ic) Penalty and Interest Any installments of rental, royalty, or other consideration (2) Lessor expressly reserves a right to go on the Lease accruing under this Lease not paid wt en due shall be subject too Premises and all Improvements for any purpose associated penalty and shall bear interest as specified in Public Resources with this Lease or for carrying out any function required by Code Section 6224 and Section 2. -law,or the rules,regulations or management policies of the 3'BOUNDARIES State Lands Commission.Lessor shall have a right of reason- able access to the Lease Premises across Lessee owned or This Lease is not intended to establish the State's boundaries and occupied lands adjacent to the Lease Premises for any pur- ls made without prejudice to either party regarding any boundary pose associated with this Lease. claims which may be asserted presently or in the future. 4. LANs USE (3) Lessor expressly reserves to the public an easement for Convenient access across the Lease Premises to other (a) General: State-owned lands located near or adjacent to the Lease Lessee shall use the Lease Premises only for the purpose or Premises and a right of reasonable passage across and along purposes stated In Section 1 or 2 and only for the operation and any right-of-way granted by this Lease,however,such ease- maintenance of the improvements authorized in Section 1 or 2. meni or right-of-way shall be neither inconsistent nor In- Lessee shall commence use of the Lesse Premises within ninety compatible with the rights or privileges of Lessee under this 190)days of the beginning date of this lease.Thereafter Lessee's Lease. discontinuance of such use for a period of ninety(90)days shall be conclusively presumed to be an abandonment. (4) Lessor expressly reserves the right to lease,convey,or encumber the Lease Premises,in whole or In part during the lease term for any purpose not Inconsistent or incompatible (b) Repairs and Maintenance: with the rights or privileges of Lessee under this Lease. Lessee shall, at its own expense, keep and maintain the Lease Premises and all improvements in good order and repair (b) Encumbrances: and safe condition. This Lease may be subject to pre-existing contracts,leases. licenses, easements, encumbrances and claims and it Is made (c) Additions.Alterations and Removal: without warranty by Lessor of title,condition orfitness of the land III Additions — No improvements other than thosl ex-, f for toe stated or intended use. form 51.15(1/901 85--18�8`7$ (c) Rights-of-Way 10. ASSIGNMENT, ENCUMBRANCING OR SUBLETTING If this Lease is for a right-of-way covering one or more pipe- (a) Lessee shall not either voluntarily or by operation of law, lines or conduits,the Lease Premises include only land actually assign,transfer,mortgage,pledge,hypothecate orencumberthis underlying the pipelines or conduits,and Lessor hereby grants to Lease and shall not sublet the Lease Premises,in whole or in part, Lessee a non-exclusive right to go onto the lands adjacent to the or allow any person other than the Lessee's employees,agents, Lease Premises as is reasonable and necessary for installation, servants and invitees to occupy or use all or any portion of the inspection and maintenance of the pipelines or conduits. Lease Premises without the prior written consent of Lessor. 6. RULES, REGULATIONS AND TAXES (b) This Lease shall be appurtenant to littoral or riparian land (a) Lessor and Lessee shall comply with and be bound by all and any ownership interest or use rights of Lessee in such lands presently existing or subsequently enacted rules, regulations, and it shall not be severed from such rights or interests without the prior written consent of Lessor. statutes or ordinances of the State Lands Commission or any other governmental agency or entity having lawful authority and 11. DEFAULT AND REMEDIES jurisdiction. (a) Default: The occurrence of any one or more of the following events (b) Lessee recognizes and understands in accepting this Lease shall constitute a default or breach of this Lease by Lessee: that it maybe I iable for a possessory interest tax imposed by a city or county on its leasehold interest and that its payment of such (1) Lessee's failure to make any payment of rental,royalty, a tax shall not reduce the amount of consideration due Lessor or other consideration as required under this Lease. under this Lease and that Lessor shall have no liability for the payment of such a tax. (2) Lessee's failure to obtain or maintain liability insurance 7. INDEMNITY or a surety bond or other security device as required under this Lease. (a) Lessor shall not be liable and Lessee shall indemnify, hold harmless and,at the option of Lessor,defend Lessor,itsofficers, (3) Lessee's vacation or abandonment of the Lease agents,and employees against and for any and all liability,claims, Premises during the Lease term. damages or injuries of any kind and from any cause,occurring on the Lease Premises or improvements, or arising out of or con- (4) Lessee's failure to observe or perform any other term, nected in any way with the issuance of this Lease. covenant or condition of this Lease to be observed or per- formed by the Lessee when such failure shall continue for a (b) Lessee shall give prompt notice to Lessor in case of any period of sixty(60)days after Lessor's giving written notice; accident, injury or casualty on the Lease Premises. however, if the nature of Lessee's default or breach is such that more than sixty(60)days are reasonably required for its 6. LIABILITY INSURANCE cure, then Lessee shall not be deemed to be in default or (a) If so specified in Section 1 or 2, Lessee shall obtain at its breach if Lessee commences such cure within such sixty(60) own expense and keep in full force and effect during the Lease day period and diligently proceeds with such cure to term with an insurance company acceptable to Lessor compre- completion. hensive liability insurance,for specified categories and amounts, insuring Lessee and Lessor against any and all claims or liability (b) Remedies: arising out of the ownership,use,occupancy,condition or main- In the event of a default or breach by Lessee and Lessee's tenance of the Lease Premises and all improvements. failure to cure such default or breach,Lessor may at anytime and with or without notice do any one or more of the following: (b) The insurance policy or policies shall name the State as an (1) Re-enter the Lease Premises, remove all persons and additional insured or co-insured party as to the Lease Premises and shall identifythe Lease by its assigned number.Lessee shall property, and respossess and enjoy such premises. provide Lessor with a certificate of such insurance and shall keep such certificate current (2) Terminate this Lease and Lessee's right of possession of the Lease Premises. Such termination shall be effective (c) The liability insurance coverage specified in this Lease shau upon Lessor's giving written notice and upon receipt of such in effect at all times during the Lease term and subsequently notice Lessee shall immediately surrender possession of the until all of the Lease Premises have been either accepted as im- Lease Premises to Lessor. proved by Lessor or restored pursuant to Paragraph 13. (3) Maintain this Lease in full force and effect and recover anyrental,royalty,or other consideration asthey become due 9; SURETY BOND without terminating Lessee's right of possession regardless (a) If so specified in Section 1,Lessee shall provides surety bond of whether Lessee shall have abandoned the Lease or other security device acceptable to Lessor,for the specified Premises. amount, and naming the State of California as the assured,to guarantee to Lessor the faithful observance and performance (4) Exercise any other right or remedy which Lessor may by Lessee of all of the terms, covenants and conditions of this have at law or in equity. Lease. 12. LESSEE'S TERMINATION (b) Lessor may increase the amount of the surety bond or other Lessee may terminate this Lease for any reason upon giving security device to cover any additionally authorized improve- Lessor at least sixty(60)days prior written notice.Lessee agrees that ments, alterations or purposes and any modification of on the effective date of termination it shall responsibly leave and consideration. surrender the Lease Premises to Lessor in a state of good order, condition, repair, and restoration as provided under Paragraphs 4(b) (c) The surety bond or other security device shall be maintained and 13. The exercise of such right of termination shall not release in full force and effect at all times during the Lease term and sub- Lessee from liability for any unpaid but accrued rental,royaltyar other sequently until all of the Lease Premises have been either consideration which may be due under this Lease or from any other accepted as improved by Lessor or restored pursuant to Para- obligations still applicable under the Lease. No portion of any rental graph 13. paid by Lessee in advance shall be refunded. • - ' •• 85-183878 r 13. RESTORATION OF LEASE PREMISES (2) Any such waiver shall not be deemed to be a waiver of (a) Upon expiration or sooner termination of this Lease.Lessor any other farm,covenant or condition or any other default or may accept all or any portion of the Lease Premises,**then rm• breach of any term,covenant or condition of this Lease, proved with structures,buildings,pipelines,machinery,facilities and fills in place; or Lessor may require Lessee to remove all (b) Time: or any portion of such improvements at its sole expense and risk; Tome is of the essence of this Lease and each and all of its or Lessor may itself remove or have removed act or any portion of terrns,covenants or conditions in which performance is a factor. such improvements at Lessee's sole expense. • Id Notice: • Ibl In removing any such improvements Lessee shall restore the Alt notices required to be given under That Lease shall be Lease Premises as nearly as possible to the conditions existing given in willing,sentby United States mail with"tag@ piepe-A prior to thee'installation or construction. to Lessor at the offices of the State Lands Commission and to IF Lessee at the address specified in Section 1.Lessee shall give s (c) All such removal and restoration shall be to the satisfaction Lessor notice of any chance in its name or address, of Lessor and shall be completed within ninety(901 days of the expiration or sooner termination of this Lease. (d) Consent: s Where Lessor's consent is required under this Lease its 14 OU(TCLAIM consent for one transaction or event shall not be deemed to be a Lessee shall,within ninety(901 days of the expiration or sooner consent to any subsequent occurrence of the same or any other termination of this Lease• execute and deliver to Lessor in a form transaction of event. provided by Lessor a good arid sufficient release ofall lights underthis Lease Should Lessee fad or refuse to deliver such a release,a written—_ to) Changes: notice by Lessor reciting such failure or refusal shall,from the date of This Lease may be terminated and its term,covenants end its recordation,be conclusive evidence against Lessee and all other conditions amended,revised or supplemented by mutual agree- claimants of the termination of Ihrs Lease and any rights or interests ment of the parties. / of Lessee in the Lease Premises. if) Successors: 15. HOLDING-OVER The terms, covenants and conditions, of this Lease shall Any holding•over by Lessee after the expiration of the Lease term, extend to and be binding upon and inure to the benefit of the heirs. s with or without the express or implied consent of Lessor,shall con• successors,and assigns of therespective partresand of more than 1 strtute a tenancy from month•lo•month and not an extension of the one Lessee rso party to this Lease•theoblrgatrons of the Lessees f Lease term and shall be on the terms,convenants and conditions of shall be joint and several. this Lease with rental, royalty or other consideration payable in advance on the first day of each month, at the rate of one-twelfth 4 (1/121h)of the annual amount. (g) Captions; The captions of this Lease are not controlling and shall have Ar I S ADDITIONAL PROVISIONS no effect upon its construction of interpretation. Ia) Waiver: _ 11) No term, covenant or condition of this Lease and no default or breach of any such term, covenant of Condition (h) Severability: shall be deemed to have been waived,by Lessor's acceptance If any term,covenant or condition of this Lease is judicially of a rate or nonconforming performance or otherwise,unfess determined to be invalid it shah be considered deleted and shall such a waiver is expressly acknowledged by Lessor in not invalidate any of the remaining terms, covenants arnd � writing. conditions. AF'FROVED AS TO F01 = GIJL IMITLON City Attorney ( STATE OF CALIFORNIA-))—STATE LANDS COMMISSION 1L�1.- ` LEASE P.R.C. No. �� By: It This lease will become binding upon the State only when duly executed on behalf of tR8811hi L �t�Ct3�41mis on of the State of California; IN WITNESS WHEREOF, the parties hereto have executed this lease as of the date hereafter affixed. LESSEE IT'S OF HUNTUGTON BEACH STATE OF CALIFORNIA STATE LANDS COMMIUS40N. . City Wdaiiiist 56i ATTEST6 CITY CLERK By City- of Huntington Beach Title DrviSlon of Land +r` Date r 'f onservar,on The issuance o t ACKNOWLEDGEMENT Lands Commision on � tM th ev yra�l STATE OF C"IFORNIA ) ss COUNTY OF ORANGE } On this = _ day of , 19 k-r before me, Y a'Notary Public-in and-for said Count and State, personally ,appeared "-- /I » . known to ma to be the-Mayae(:hj �{vtiri•..;sh� r of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the Within instrument on behalf of said municipal corporation and acknowledged to aye that such municipal corporation executed the same. VA STATE OF CALIFORNIA ) ss GOUMY OF SACRAMENTO ) On this �_�day of _fl_ , 19� , before me, the undersigned, a Notary Public in and for th t to of Caw, ia, rith rincipal office in the County of Sacramento,personally appeared a; personally known to me {e roue sis- a44Aeto y--evidenee3 to be the person who executed this instrument as r of the STATE LANDS COAL ISSIO TATE OF CALIFORNIA, the Commission that executed the within instrument, kd6wn to be the person who executed the within instrument, on behalf of the Commission there named, and acknowledged to me that such Commission executed the within instrument pursuant to a resolution of its Commissioners: WITNESS my hand and official seat. etrrmuutu[lruaru[uruauuuuua�lirrllr[gIR[I[I!t[pltlltlttrlt[tl!llrS art94i ecru . JENNIFER K. AHLSTROM NOTARY PUSUC -CAUFORN[A r My`M •a Is. pee �TAMOPUBLICLV AND FOR THE f utttratutiu;rtterutluuwtu!!au[ututuuruulumaruluuuttRu[r 9 ATE 0F CALIFORNIA " RESOLUTION NO. 5371 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EXECUTION BY THE MAYOR AND CITY CLERK OF A LEASE AGREEMENT BETWEEN THE CITY AND CALIFORNIA STATE LANDS COT*TISSION FOR OPERATIOti AND MAINTENANCE OF HUNTINGTON BEACH PIER AND RELATED CONCESSIONS BE IT RESOLVED by the City Council of the City of Huntington Beach that it does hereby approve the Lease with California State Lands Commission for the use of tidelands for the operation and maintenance of the Huntington Beach Municipal Piero together with its related concessions, a copy of which lease is attached hereto and by this reference made a part hereof as though set out in full herein. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized and directed to execute the lease herein referred to, and forward same to the proper authorities at the State Lands Commission for consideration. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of, _ Annril 1984 . ATTEST: APPROVED AS TO FORM: City Clerk City Attorney RCS:aht. 4/1D1$4 1. REVIEWED AND APPROVED: INITIATED AND APPROVED: C ty Administrator Director of Development Services 2. ' Res. No. 5371 S'CA E OF CALIFORNIA ) COUNTY of ORANGE ) a a CITY OF HUNTINGTON BEACH ) 10 ALICIA M. WENTWORTII, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said city, do hereby certify that the whole number of membera of the City Council of the City of Huntington Beach is 'seven; that the foregoing resolution Was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the ' lEth „ day of April 19 84 , by the following vote: AYES: Councilmen: Pattinson, MacAllister, Thomas* Kelly, Finley, Bailey, Mandic NOES: Councilmen: bang - -- - - -- -- - ., ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California •M �I .j, le CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 11, 1985 Debra K. Townsend, Land Agent State Lands Commission 1807 13th Street Sacramento, CA 95814 RE: Lease PRC 6616.9 - Operation & Maintenance of Municipal Pier Enclosed is a recorded copy of the General Lease - Public Agency Use - Lease NO. PRC 6616.9 - Operation & Maintenance of Municipal Pier, per your request. Alicia M. Wentworth City Clerk 0%4:CB:js Enclosure cc: Paul Cook, Director of Public Works (Telephone:71"3S-5227) J, CITY OF HUNTINGTON BEACH 4 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK Apri 1 12, 1985 State Lands Commission State Lands Division 1807 -13th Street Sacramento, California 95814 Attention: Debra Townsend, Land Agent RE: Your lease file #PRC 6732-9 (Water Line Easement) and OPRC 6616.9 (Municipal Pier) Thank you for the executed copy of the above mentioned agreements which you mailed to us. We would appreciate receiving the record- ing information on each of these leases when they are returned to you by your county recorder. Enclosed is a self-adressed envelope for your use in forwarding the recording information to this office. Thank you. ALICIA M. WENTWORTH, CITY CLERK BY: Connie Brockway Deputy ' A-1W:CB:bt Mlephone:714-536.52Z71 REQUEST FOR CITY COUNCIL ACTION Date April 5, 1984 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administratd6 .01 Qo Prepared by: James W. Palin, Director, Development Services ? Subject: STATE LAND LEASE FOR PIER APPROVED 1Y CITY COUNCIL ,07,1 e Statement of Issue, Recommendation,Analysis, Fundin Source,Alternaft 49ions.lGaZhients: CITY CLER STATEMENT OF ISSUE: The City Attorney's office has been negotiating with the State Lands Commission to develop a lease for the land beneath the City pier. The pier is built on tidelands which are subject to the public trust and, therefore, a lease from the State Lands Commission is necessary for any structures. The proposed lease is attached. It requires City Council approval by resolution before it is trans- mitted to the State Lands Commission. RECOMMENDATION: Adopt Resolution No. 531I approving the lease between the City and the State Lands Commission for the tideland beneath the pier, and direct the City Administrator to execute the lease. ANALYSIS: A lease between the City and the State Lands Commission for the land beneath the pier has been negotiated in the past, but the issues were never successfully resclved and no lease was signed. This recent effort to conclude a lease was precipitated by the City's request for a Coastal Development Permit from the California Coastal Commission for the reconstruction of the "End of the Pier" Cafe. The permit was granted with the condition that a lease from the State Lands Commission- be obtained. Through extensive telephone contacts and a meeting with the execu- tive director of the State Lands Commission, staff has worked out the terms of the attached lease. The City Attorney has approved the lease, and recommends that City Council adopt the attached resolution authorizing its execution. The lease contains standard clauses to be found in State Lands Commission leases with other jurisdictions. In addition, the following special terms were developed for Huntington Beach: 1. There shall be no monetary rental paid to the State Lands Commission, unless the income from the pier exceeds expenses, No 4181 L in which case a rental may be due. Expenses include indirect costs, including administrative expenses and payment of bond obligations, as determined under the City's cost allocation system. 2. The term of the lease is for 35 years, with a right to renew for an additional 14 years, with the prior written consent of the lessor. 3. State Lands Commission leases normally contain a clause that could require the removal of the improvements from the leased land. This lease specifies that the City shall have no obliga- tion to remove the pier if it is in good repair and safe con- dition. State Lands Commission has the right to have the City pay for an engineering report on the structural soundness of the pier for this purpose. FUNDING SOURCE: None required. ALTERNATIVE ACTION: 1. Do not approve this lease as written. Develop other terms and conditions as specified by Council. 2. Do not approve a lease with the State Lands Commission. In this. case, the conditions of the Coastal Development Permit for the end of the pier cafe could not be fulfilled and the cafe could not be rebuilt. ATTACHMENTS: 1. Resolution No. 53 71 2. Pier lease CSvT:JWP:JAF:j 1 m -2- 4-5-84 - RCA 1 R ' REQUEST FOR CITY COUNCIL ACTION REVISED RCA Date F 15, 1984 Submitted to: Honorable Mayor and City Council Go�ctt K`I Submitted by: C. W. Thrnr�son, City Ad.�ttististra Prepared by: Paul E. Cook, Director of Public Works Z� Subject: Reconstruction of the Municipal Pier crime Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATE[�ffTTI' CF ISSUE: _ _r Several City Council decisions are necessary for work to continue on the reconstruc- tion of the municipal pier. RECCK==CNS: ' . Approve the design concept of the building at the end of the pier. 2. Approve the use of Federal Public Works Jobs Bill funds to finance the balance of costs for the pier reconstruction not covered by insurance or County funds. This is roughly estimated to be $160,000.00. 3. Approve the attached categorical exmption for the pier project. 4. Approve the attached Stag Lands Ccr=lssion lease whereby the State becomes Lessor and the City beccoes Lessee of the land upon which the pier exists. 5. Authorize staff to request proposals from selected restaurateurs for furnishing and operating the new restaurant. AN. ►LYSIS: in order to continue with the reconstruction of the pier, several City Council de- cisions are necessary. The following is an analysis of various aspects of the pier reconstruction which either require City Council decisions or are of general interest to the City Council. 1. Design of Restaurant On August 23, 1983, the City Council approved the selection of Jeffery Garner as architect for the new end-of-the-pier restaurant. Attached is the RCA cover- ing that action. The architect has completed conceptual designs for the restaurant. Before the architect begins detailed working drawings, staff requests the City Council to approve the conceptual design which consists of a two story building with a restaurant on the first floor and a meeting/banquet roan on the second floor. A model of the proposed restaurant and conceptual floor plans and eleva- tions will be available at the City Council's meeting of February 21, 1984. The architect will be present to discuss these plans with the City Council. 2. Federal Public Works Jobs Bill The City Council has previously authorized the use of the Federal Jobs Bill grant of $567,000 for the second phase of the Bluff Top Park which is the stabilization P10 4181 Request for Council Action Reconstruction of the Municipal Pier February 15, 1984 Page 2 of the bluffs estimated at $354,000.00. It is recannmided that the re- maining Jobs Bill funds be used to omplete the reconstruction of the pier and restaurant. Preliminary estimates are that $160,000 of Jobs Bill funds will be required for this purpose. A potential problem of the use of these funds for the pier was raised by the Federal Eiw—rgency Management Agency. The City has designated the coastline to be a special flood hazard zone and a decision is required by the Administrator of FEM to allow the use of Jobs Bill funds seaside of the mean high tide line. If FEAR approval of this project is not possible, staff re=wends that the $160,000 be loaned by the City to the Redevelgm-ent Agency to cover the costs of this project. 3. Coastal Commission Approval The Coastal Commission staff has reviewed this project and is recam-ending to the Commission that the project be approved as a one-story building. City staff recommends that this position be strongly opposed. The data in the Coastal C=u. ssion staff report is not supported by fact and appears to be a negative reaction to an innovative approach to serving more visitors on the pier. Attached is a copy of the Coastal CmAssion's staff report on this matter. 4. State Lards CocTu. ssion Lease The City's municipal pier is reportedly the only coastal pier in California that is not covered by a lease with the State to allow its existence over State owned tidal land seaward of the mean high tide land. The state Lands C=nission has informed the City that such a lease is required in order to legalize the existence of the City's pier on State land. Staff has reviewed the lease and is recam ending that the City Council approve the lease subject to additional City conditions. In general, the lease does not restrict general public uses on the pier but states that revenues in excess of operating expenses of the leased premises must be shared with the State. Staff feels that the future operating and maintenance costs of the pier will always exceed the revenues collected from concessions on the pier and, therefore, this requirement will not be a problem. However, staff does not agree that this lease is necessary if the building at the end of the pier is not expanded fran its past configuration. 5. Operation of the Restaurant in order to maximize revenue from the reconstructed restaurant at the end of the pier, staff is re=w ending that proposals be requested -fran a limited mxrber of qualified restaurateurs to operate this new restaurant. Staff has involved two restaurateurs, John Gustafson, operator of the End Cafe before it was destroyed, and the owners of Ruby's at the end of the Balboa pier in Newport Beach, in the design of the new restaurant in order to assure that the plans would be suitable for operation of this type of restaurant. r ` quest for Council Acti.) construction of the rhmicipal Pier February 15, 1984 Page 3 It . is imperative that requests for proposals be sent out as soon as possible, if the City Council agrees, so that a selection of an operator can be made; a lease entered into; and kitchen equipment and furnishings ordered so that the restaurant can be put into operation soon after construction is complete. 6. Environmental Impact Pursuant to Section 15102 of the State CEQA guidelines, this project is categorically e>xmpt. 7. Funding As can be seen from the attached memo regarding the financial status of the pier construction, adequate funds are available to eamplete this project. 8. Time Schedule Attached is a time schedule for this project. It should be pointed out that while the restaurant can be complete in July, the lessee will need several mre weeks to furnish and equip the restaurant before it can be opened for business. Also, this time schedule does not take into consideration any possible eon- tractor or weather related delays. FUMING SOURCE: The furxETg source for the total estimated cost of reconstructing the pier and restaurant is as follows: Insurance $426,810 County (rant 200,000 Jobs Bill 159,890 - Total $786,700 ALTERNATIVES: 1. Direct staff to prepare another design concept. 2. Authorize a loan fron the City to the Redevelopment Agency in lieu of using Jobs Bill funds for this project. 3. Do not approve the State Lands Commission lease and direct staff to renegotiate. 4. Do not authorize the solicitation of proposals for operating the restaurant and direct staff to negotiate a lease with a specific restaurateur. 1. CaUegorlcal bcarption 2. Financial Status Mew 3. Time Schedule 4. State Lease 5. Coastal Commission Staff Report 6. FCA 8/23/83 CM:PDC:jy LEGEND w Commercial • CD ' Residential S ;Oil Production A ,r ® Parking Q i ' Recreation ' Public Facilities Vacant' .� �� .Y I =� � r. ;� ...• , _1N z _� Lam: . M 0 - : .. `C r� FF 1`1 U • _ I �! � M� _ F I ,- t Y � w: �I 1!1 I-' !I 13i ' ♦' •S i. el .e. - �--7p-- I.M1,ji it n �p /Tgr fRr. i\•..-•.♦•♦••rRE v ii:< :'<•::�♦ y'• \ ` • fly w1 `/ r i�ri^�k:< •% so RESTAURANT LOCATION • 3-1-83. HUNTINGTON BEACH CgLIFORNiN' PLANNING DIVISION ' RESTAURANT `17ICINITY MAP : EXISTING LAND USES 4 � r C1F CALIFORNIA—STATE LANDS COMP ON _ GEORGE DEUKMEJIAN,Gavern_or S LANDS COMMISSION 18'37 13TH STREET �•� SACRAMENTO,CALIFORNIA 95814 �a ' ORA Les ewyras -Ft AaT- UW �m May 2, 1984 File Ref. : W 2453 Mr. Les Evans City of Huntington Beach 2000 Main Street City of Huntington Beach, CA. Dear Mr. Evans: I am returning two copies of the public agency lease that was executed by the Mayor and City Clerk. Paragraph 6, Section 2, Page 3 was nodified at Bob Sangster's request. The change needs to be initialed by the Mayor and the City Clerk. Please have both copies initialed and returned to me as soon as possible. Sincerely, BETTY K. LOUIE Land Agent (916) 322-7823 BKL:rm Enclosures Sta!p of Ca 5fornia,George Deukrnejiall�emor FILED: 1/20/84 California Coastal Commission 4 9 th DAY: 3/9/8 4 $0UTH COAST DISTRICT 245 West Broadway,Site 380 18 0 th DAY: 7/17/8 4 P.O.Box 1450 STAFF: Gupta rt Long Beach,California 90801-1450 2/8/84df (213)590.5071 STAFF rtEPORT: (714)846-0648 HEARING DATE: 2/22/84 REGULAR CALENDAR STAFF REPORT AND RECOMMENDATION Application: 5-83-961 (City of Huntington Beach Redevelopment Agency) Applicant: City of Huntington Beach Redevelopment Agency P. O. Box 190 HUNTINGTON BEACH, CA 92648 Representative: Les Evans, City Engineer Project Description: Reconstruction of a restaurant damaged during the March 1983 storm. The project is located at the seaward end of the Huntington Beach Fier. Building Coverage: 1462 sg. ft. Gross Floor Area: 3317 sq. ft. It Zoning: Pier related Commercial Plan Designation: Visitor serving Site: Seaward end of the Huntington Beach Pier Huntington Beach Orange County SUM!'•IARY: The staff recommends approval with a condition to delete the second floor. STAFF REC01~MENDATION: The staff recommends the Commission adopt the following resolutic-:- I. A2rovalRwith Condition. The Commission hereby grants, subject to the condition below, a permit for the proposed development on the grounds that the development, as conditioned, will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Lccal Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, is located between the sea and the first public road nearest the 5-83-961 U raga 2 shoreline and is in conformance with the public access and public recreation policies of Chapter 3 of the Coastal Act, and will- not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act.' II. Standard Conditions. See Appendix X. • III. Special Condition. Prior to transmittal of the permit the applicant shall submit a revised plan for approval by the Executive Director. The revised project shall be a one-story restaurant. IV. Findings and Declarations. The Commission hereby finds and declares as follows: A. Project _Description. ' The application is to reconstruct a new restaurant at the end of the pier where a smaller restaurant existed. The previous restaurant was washed out in the March 1983 storm. The City of Huntington Beach proposes to build a 3317 sq. ft. two-story restaurant with a dining/meeting room ,facility on the upper level. The project provides no additional parking and proposes to use the existing beach parking lot for its employees and pptrons. The -restaurant provides approximately 836 sq. ft. customer service area on the first floor and approximately 1855 sq. ft. of dining and meeting area on the second floor. B. Standard of Review. The project is located at the end of a public pier which is totally over the ocean. Section 30519 (a) , (b) , and (c) of the Coastal Act states: Section 30519. (a) Extcpt for appeals to the eomission. as provided to Section 30603. after a ]oval Coastal program. or any portion thereof, has been certified and all iaplementirg actions within the area affected have become effective, the development review authority provided for in Chapter 7 (commencing with Section 30600) shall no longer be exercised by the regional cgraission or by the eonmission where there is no regional ccmission over any new development proposed within the area to which such certified local coastal program. or any portion thereof, applies end shall at that tiee be delegated to the local me governnt that is iaplementing such local coastal program or any portion thereof. (D) Subdivision (a) shall not apply to any development proposed or undertaken on any tidelands. submerged lands, or on public trust ]ands, whether filled or unfilled, lying within 'the coastal tone. nor shall it apply to any development proposed or undertaken within ports covered Dr Chapter a (cocv+eneing with Stction 30700) or aithim an state university or college within the coastal tone; however. this section shall apply to any development proposed or underUken by a part or harbor district or authority on lands or waters granted by the Legislature to a local government whose certified local Coastal program includes the specific development plans for such district or authority. 5-83-961 Page 3 (c) The C=I$Sion MAY, from time to tine, recon nd to the appropriate local goverment local coastal program aw ndmnts to acconmDdate uses of greater than local 1wortance, vhich uses are net permitted by the applicable certified local coastal program. These uses say be listed generally or the commission nay r*comnend specific uses of Greater than local importance for consideration by the appropriate local government. The'Land Use Plan (LUP) of the City of Huntington Beach was approved in November 1982. The City- included the Pier area in its LUP. Since the project is over coastal water, it is within the Coastal Commission's original jurisdiction. The standard of review is Chapter 3 of the Coastal Actl the LUP is advisory only, C. Project History. Approximately 4100 sq. ft.. of decking, pilings, along with a small restaurant were damaged in the March 1983 storm, Permit 5-83-370 was approved on 6/24/83 to repair and replace decking and piling. This work has been completed. The City now wants to reconstruct a larger restaurant at the same location where a small restaurant had previously existed. D. Public Access. Section 30252 of the Coastal Act requires a new development to provide adequate parking facilities or provide substitute means of serving the development, The City's LUP includes the following policy pertaining to parking requirements: (Page 153, Policy 161) Ensure that adequate parking is provided in all new development in the coastal zone utilizing one or a combination of the following: - Apply the City's parking standards at a minimum -- Develop parking assessment districts to build off-site parking structures -- Utilize new parking standards specific to the Coastal Zone in conjunction with the development of off-site parking strategies. The City of Huntington Beach has submitted the proposed Local Coastal Program (LCP) ordinance to be reviewed by the Commission in the future. Article 979 of the proposed LCP entitled "Offstreet Parking and Land- scaping" states the purpose as follows: S. 9791.1 Purpose. In order to prevent traffic congestion and s ortage of curb spaces, off-street parking facilities shall be provided incidental to new use and major alterations and enlargements of existing uses. The parkins} facilities required by this sect:.on for motor vehicle parking and maneuvering are assumed to be the minimum need for such facilities created by each particular land use. Off-street parking is to be laid out in a manner that will ensure its usefulness, protect the public safety, and, where appropriate, insulate surrounding land uses frcm its impact. The project, as proposed, does not provide any parking and proposes to use existing public parking along the beaches. The applicant contends that the previous restaurant was a hamburger stand 5-83-961 -Page 4 which was washed out by the March 1983 storm, and this restaurant is going to provide the same service. The previous restaurant was a ore-story 1800 sq. ft. restaurant with approximately 780 sq. ft. of customer service area. The proposed project is a 3317 sq. ft. restaurant with approximately 830 sq. ft. customer service area on the Igwer and 1655 sq. ft. meeting/dining area on the upper levels. The applicant proposes to use the upper level for dining and meeting purposes. According to the Commission's Interpretive Guidelines, the project needs 53 parking spaces only for restaurant use. If the upper floor is used for meeting room and the lower floor for a restaurant, the project needs 70 parking spaces. In the absence of any parking, the -employees and the patrons of the project will be compelled to use existing beach parking, thus having an adverse impact on public access to the beach. The Commission therefore finds that the project, as proposed, is not consistent with Section 30252 of the 'Coastal Act. According to the applicant, the previous restaurant had approximately 780 sq. ft. customer service .area which required 16 parking spaces. The proposed intensification would increase the need to 70 parking spaces. Section 30255 of the Coastal. Act gives priority to coastal dependent and coastal related uses on or near the shoreline. Restaurant use is a priority use, whereas meeting room is not. It also increases substantially the need for Parkin If the second floor .of the project is a eted, the par ing need can be substantially reduced and a non-priority use will be eliminated. The remainder of the project will then be similar to the former restaurant with approximately 60 'sq. ft. more customer serving area. As the applicant contends, the previous restaurant served beach foot traffic; with the deletion of the meeting room, the modified project could start providing similar service to the beach goers and would have no significant impact on parking. The Commission therefore finds that the project as conditioned to delete the second floor of eating/meeting_ area is consistent with Sections 30252 and 30255 of the Coastal Act. E. Visual Impact. Section 30251 of the Coastal Act: states: Section 3C251. The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public favortance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic Coastal areas, to minimize the alteration of natural land forrs, to be visually compatible with tie character surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. hew.development in highly scanic areas such as those designated in the California Coastline Preservation and Recreation Plan prtpared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting. The certified LUP of_ the City of Huntington Beach states on page 133: �! 5-83-961 Page 5 • The WAx%lclpal Pier and adjoining t"ta xw t are deslgnate d ae mixed devtiapmant in the exWng General Pla'ti The Pier functions primarily as a visitor-aervtng fecWty and provides a fac%I print for"Downtown/Main Street -eorridon thus, the Pier and adiotning restaurant have been redestgnated vkItm-eervirg commercial. New buildings on the pier shall not exceed 75 feet In height rnaaeurad from the eurfece of the pier. Public access sh&U be required around the entire perlmetar of the pier. The proposed two-story, 30' high project provides public access around the perimeter of the Pier; this is consistent with the certified LUP. However, the standard of review is Chapter 3 of the Coastal Act, as has been stated earlier in this report. - The LUP is advisory only. The Huntington Beach Pier is a destination point of regional importance. -The beaches in this general area are among the most popular in Southern California. Presently, the Pier provides unobstructed views. A few existing smiall structures on the Pier do not significantly affect coastal views. However, a two-story structure at the end 'of the Pier would set an adverse precedent since it would significantly obstruct public view. The Conmission therefore finds that the project, as proposed, is not consistent with Section 30251 of the Coastal Act. The Co=ission further finds that the project as conditioned to reduce it to a one-story project is consis- tent with Section 30251 of the Coastal Act. REQUEST FOR CITY COUNCIL ACTION • ° - ,; � J ` Date __August 10� 1983 Submitted to: Honorable Mayor and City Council Submitted by: C. W. Thomson, City Administrator LV f Y C1Ty C 1;yGll. • �At.yf;0� Prepared by: Paul E. Cook, Director of Public Works`f� e/ t9 Subject: Municipal Pier Restaurant/Tackle Shop; CC 6! —"7- Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:Ou STT,TE' - IT OF ISSUE: Proposals were requested from architectural firms to prepare plans and specifications for the construction of a new restaurant/tackle shop at the end of the City's municipal pier. RE)CCt IMMATIONS: . 1. Approve the selection of Jeffrey T. Garner, Architect;-to prepare plans, specifica- tions anti cost estimates for the construction of a new restaurant/tackle shop at th-- end of the municipal pier and authorizer the Mayor and City Clerk to execute an appropriate contract. Authorize the transfer of up to $22,500 from the unappropriated rereral find reserve to offset costs not covered by. insurance Ex)licy for pier repairs. ArusYsts: The- winter storms of 1983 damaged the municip-ml pier restaurant and bait shop beyond repair; therefore, pursuant to Chapter 3.03 "Professional Services'' of the Municipal Code, requests for architectural services, regarding the construction of a new restaurant/ tackle shop, were distributed to ten qualified architectural firm`,. Based on an analysis of content and cost, the proposal submitted by Jeffrey T. Garner is rec-a-manded b1 staff for approval. Proposals were requested from the following architects: Anthony and Langford Huntington Beach Arroyo Group Pasadena Boyle Architects Newport Beach The Elliot Group Ins Alamitos Jeffrey T. Garner Irvine Harrison/Lorenzini Newport Beach The Hill Partnership Newport Beach Richard Tern Associates Huntington Beach Thirteenth Street Architects Newport Beach Urbanart Long Beach Tier insurance company will ultimately pay approximately $11,000 of the $22,500 archi- tectural fee; however, the City will be e.POctOd to make periodic payments during the (77ow lolment of plans and specifications. Therefore, it is recommended that $22,00 be ransferred from the unappropriated general fund reserve (A301) to coves initial ex- penditures. r,L-quest for Council Action Municipal Pier Restauranttrackle Shop; CC 6(5 August 10, 1983 Page 2 FUMING SUMCE: Total cost of architectural services: $22,500 Estimated insurance ccrpany payoff: 11,000 Subtotal: $11,500 Un3n)ropriatcd general fund reserve WOW : $11,500 Milance: -0- ALTO'X= ACTIWS: 1. Deny approval of Jeffrey T. Garner, Architect, and select one of the other firms having subrutted a proposal. 2. Deny approval of all firm and forego project. F.I.P.. GWc:PF)C:DM:jy 2 - {,5 —0 1 CITY OF HUNTINGTON BEACH P.O. BOX 190 CAt1PORNtA 92648 DEPARTMENT OF DEVELOPMENT SERVICES BUILDING DIVISION(7141 536.5241 PLANNING DIVISION(714)536.5271 February 6, 1984 Ua le Peterson Federal Emergency Management Agency Fegion 9, Building 105 The Presidio San Francisco, California 94129 Duar Dale: Subject: Pier End Restaurant Reconstruction P*ir-suanl•- to our inquiry on the reconstruction of our pier and restaur- a,it project, I am enclosing a copy of a recent conceptual plan adopted b., the City of Huntington Reach. This plan has used the pier as a theme and focal point for major revitalization in our downtown area. i An you may not be aware, the City originally constructed the pier in 1g14 with a bond initiative approved by the citizens of the City. It wrlc� extended to its present length in 1930 after some damage had occur- it-1, again with a bond issue voted by the citizens. it has been a recreational fishing pier open to the public and has always been a major attraction in the downtown area, with approximately 1 , 400, 000 visitors pc.r year. Therefore, for more than trio-thirds of a century this recrea- tional amenity has had great significance for the City and the area. When we made inquiries on the reconstruction of the existing restaurant , we were quite surprised to hear that the federal regulations would affect the replacement of a restaurant that had been existing on the end of the pier approximately 1800 feet from the shoreline since 1940. The restaurant had also been built with City money and no federal funding was involved. We assumed that the Federal Emergency Management Agency had adopted the National Flood Insurance Program to reduce the cost to the federal gov- ernment for any emergency caused by national disasters. The City carried commercial insurance on the pier and its related structures, under which we have received funds for the losses incurred from last spring' s storms. We continue to carry commercial insurance, and will do Dale Peterson, FERIA t re tuary 6, 1984 rage 2 so for the useful life of the structure being proposed. In reviewina the regulations and adopting our implementing zoning we assumed that the regulations would not in any way affect the reconstruction of our pier and/or its related structures pursuant to our reading of Part 61 (Property not Covered) which specifically includes piers. The restaurant is a very important clement of the end of our pier, as the pier is built in a T-design and a--commodates many, many fishermen to 1800 feet from landfall. It provides a convenient eating place for the many thousands of visitors who use the pier for casual strolling. lie are extremely anxious to receive a determination on this reconstruc- tion project, inasmuch as we desire to complete the project for the ;summer rush and Olympic visitors. As explained, the City carries its own insurance and there would be no loss under any type of disaster re- quiring federal disaster assistance. Vie trust that it can be determined that the pier end restaurant can be reconstructed, and your favorable action is requested. Your very early reply in this matter, is urgently needed. Very sincerely, / J-i es W. Pal in 1 Director Jt9P:df Enclosure cc: C. Thompson, City Administrator STME 's� �� .; � �• LAKE Af AllON T _•� � {�� . iFLV151f1QN©LOGICS TOWN$OUARE BLOCK�" 1 4 •� Sao Lo IQ, ..:I �t 1� TRANSITION 41 '' .. 'r 1 I.` , T•�.M�`.�r 3��' •��/�`~I\ f� BLOCKS�t 1 \ L. ' I r I 1 q } ti� r L✓ r V .' .,,'..5• � .Y' � wI t4 � ..ram: �� ; - r .,��•' ��..d'1 :(: ,� — ILL-�- MAN STREET „r, ;_ o�. II MMML�irrr►►► rMXEDUSE _ •�.i til :Ifs �It 6`..,., j� i AREA VP RESLlMUAL rt� L; USES • 1 ��I7�,1✓ �•lia Li f• u,a'. � ` � �1: .�r. V a�....r ..►w�i �xR�"•�;:jk%Jjl .+ '.salt L I r�• (;_ 4 � v r � a'• Au � ��•li:fs llrf�iri••I slCafl� i4rlr�/► . BOARONWALI� •f \ :- \T'f R Hf-AJ LUED USE Irr.f.,u. , �, °i�'• MELOMCNT 1 \ . z - 4 'y •4 �`����' HUNTINGTON BEACH DOWNTOWN URBAN DESIGN PLAN. LLB" HUNTINGTON BEACH,CALIFORNIA yam,.�,:•. �y � -•��. ... . �" ��>• �.:r ) ';.I:.i,3„_., • 1• 'y '" .=•� yA+���'—+ µ•! t!, ��'�t.�J•�,'::ham_,�+..-la•r.a.a may;••.r. .. .. .// J• .. •.. r+�.,y»w.- �' r •5✓ r�. ^•.• ��� 1 , - �. ILa..a1L1,:. '/i:.L.:".. ..I._J j �J r.r,,,r �, �.— i 1.: /, `.i.' .�.?����t/ �� li.:..�a'1 �•S`y •'}+'NI•.aa,.iy�••� .9:'Cvo�Jo;:�• .��,i9l.i� �S�6Y�.:��'� ly' �,.1;..'h.^�•e^f.-Y-•'�:1 I.f:fi!�. �r�.i'.•.. .i�' f/}t...a. ;�-�.��•-�..lir��,••.. 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DIY'j,T /. !�\ ,s r( y• �- a `� i. ---n[ y �•i. t.Y .' 3 .ifs"-�•� �/jJ��•�/' - Y ,� .[,�«•I'-�,�t4i 1.,• -` � - Aerial View of Downtown Huntington Beach --Pier and Main Street Assignment Scope of Services Background 1 AG's assignment was to assist the TAG's scope was to: Downtown Huntington Beach has City ire developing a Specific Plan for Review and revise the draft speci- excellent development potential ;;s a Downtown Huntington Beach, cen fic plan developed by City staff relatively under-developed area with- tering on the Municipal Pier- and i develop new specific plan for in rninutps of Newport Beach, Irvine Main Street. TA.G also provided mat concept and the John Wayne•Airport, It is a development concepts for key de- - revise land use, circulation and pleasant seaside residential common- velopment sites in the Downtown. development controls for sub. ily. Its beach front location has- The objective of TAG's 'vork, was to areas hrought it fame as flip surfing cap- stimulite private development inter- ital of the United Statra, a stop on est and revitalization in the area by • Illustialc and communicate the the plo surfing curcuit. identification of key development development and design concepts sites and testing development con- in the specific plan Problems to be overcome in achiev- cepts for design and awket feasibll- ing its development 'olenlial ily. TAG also assisted the City in • Crealo n design Ihenw. for Dawn- inclurle: c:onrdinating public and private de- town I lrntlington Beach velopmenl efforts to cohanc:e the —.Undertrtrlization of key land par- maiketability of downtown and to • Desicln an open space and circula- eels relative to its beach location resolve community, proper iy owner lion framework — A ne(talive ima,le projected by oil and developer conce►ns uvc:r densi- piodrrc;tion facilities, vacant pro- ties, heights and bulk of develop- • Outline a developinent.and imple- perties and general commercial de- ment. menlation strategy for revitaliza- cline tion — No direct freeway access •Work wile property owners, de- TAG's approach to the City's velopers, community groups and Specific, Plan is to develop it as in othe►s in establishing densities, implementing tool to encourage pri- heighis, uses and other design vate development in downtown. guidelines throughout the down- town area To do this, TAG created a Specific • ' � CITY OF HUNTINGTON 8_ Df VELOPhtLN7 SERVICES D 1#1ARTMENT - 11. U. Rox 190 11untington f3e.ich. CA 92648 10. 17141 536 5271 NOTICE OF EXEMPTION TO: SN'retary for Resources FROM: 1416 Ntnth Street, Room 1311 Sacramento, California 95814 _ County Clerk County of TRi a Project Title -� YN�' _t P�r'c... -r fi5 �rT' `� 'T'� r.s�t-�'c�,►J ;_ h`t N �> '1 olect ocation- peci c Project Loc tlon-City Prcject location-County gez(r+fiGGlti`ti `� h'� Rom, Descripti ofVNature, RurpoaXand Beneficiaries of Project &0-i-T-,P.-I L-�I�J , Name of t1iblic Agency ApproVe ny, olelr e'- L C SAM* Name f Person or Agency Carrying Out Project Exempt 5tatusi C.R�-G- -Lc_,- c arc � �0 C.ASS Z{,Iv� MinMerial (Sec. 13073) Declared Emergency (Sec. 15071 (a)) Emergency Project (Sec. 15071 W and (c ) _ Categorical Exemption. SCC, 1 io Gass. ENS oP REsTn-��rr�r W try+ A AJ&W STwcTort� Rea r�e 1`�L �TM ssv f' lze �J � WD C erPA-c t t~ ttj�) 2t _.SSA a ContactPerson- Area Coe Telephone Extension FFINT-d 9; applicants 1. Attach certified document of exemption finding, 1. Has A notice of exemption been 1i1 by t- public -agency pproving - tNe prolect7 Yes _._. No �' Date Received for FilingLi � t Ig C itle 55 �A ' CITY OF HUNTINGTON BEACH VaINTER-DEPARTMEN.F COMMUNICATION HUNTINGTON BEACH To Robert J. Franz From Dan T. Villella Chief of Administrative Svcs. Director of Finance Subject Financial Status of Pier Date February 7, 1984 Construction To date, total revenue received by the City is $426,810. Other anticipated funds are $200,000 from the County after plans are completed and approved. This is expected to be accomplished by the end of this month. Also, Public Works intended to be able to use $250,000 from the Jobs Bill . At present, $366,700 has been appropriated to rebuild the pier; of this $210,470 has been expended and $76,210 has been encumbered. Therefore, we have $60, 110 (revenue-appropriations) of uncommitted revenue. The End Cafe project is scheduled to go to Council on March 5, 1984. The estimated cost is $350,000. The planned boat launch will have an approximate cost of $70,000. In summary, we have the following planned and actual expenses and revenue: Projects Revenue Rebuilding $ 366,700 Received $ 426,810 End Cafe 350,000 Est. From County 200,000 Boat Launch 70,000 Jobs Bill* 250,000* Total $ 786,700 $ 876,810 * Not certain ,as to the current status of this proposed use of the Jobs Bill . Jan T. Villella Director of Finance DTV/cg PIER RECONSTRUCTION SCHEDULE January 16 Council approves advertising for bids for pier boat launching ramp project. January 23 Met with Trivison and Helmers to develop plan of action. January 26 Purchasing requests quotations for 50 pilings. February 6 Consultants complete restaurant foundation plan. February 6 Purchasing receives quotations for 50 pilings. February 12 Council workshop. February 13 Advertise pier boat launch ramp/restaurant foundation. February 13 Order piles. February 22 Receive bids on pier boat launch ramp/restaurant foundation project. March 5 Council award pier boat launch ramp/restaurant foundation project. Approve advertising for restaurant. March 10 Receive piles - began boat launch ramp/restaurant foundation project. April 3 Bid opening for restaurant. April 16 Award restaurant contract. April 30 Complete boat launch ramp/restaurant foundation project. May 1 Restaurant construction begins. July 4 Restaurant construction complete. revised 2/9/84