HomeMy WebLinkAboutAPPROVE CONSTRUCTION OF TWO PERMANENT VISITOR-SERVING BUILDI -- G-
Council/Agency Meeting Held: �-
Deferred/Continued to:
).Approved ❑ Con "tion Ily Approved ❑ Denied lei Signa re
Council Meeting Date: 5/7/2007 Department ID Number: CS07-012
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINISTRATOR
PREPARED BY: JIM B. ENGLE, DIRECTOR, COMMUNITY SERVIC
SUBJECT: APPROVE PERMANENT VISITOR-SERVING BUIL I GS ON
MUNICIPAL PIER
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)1
Statement of Issue: There are currently three modular units on the municipal pier. Funds
have been budgeted to construct two permanent concession buildings on the pier. The
Community Services Commission has reviewed and moved to recommend the staff
recommendations to City Council for approval
Funding Source: Redevelopment funds have been budgeted in the FY 2006/2007
Capital Improvements Program budget, Fund 305. This was included in the list of
Redevelopment Agency-funded projects approved by City Council, using one-time
Redevelopment revenue from the Hyatt residential project.
Recommended Actions: Motion to:
1. Approve construction of two permanent visitor-serving buildings on the Municipal Pier,
in accordance with the existing Coastal Development Permit (CDP);
2. Proceed with a request for a Coastal Development Permit for a third permanent
building;
3. Recommend the following types of concessions:
a. Bait and tackle shop
b. Souvenir store
c. Kite store; and
4. Recommend that souvenir store and kite store share space in one building on an interim
basis until third building is constructed.
Alternative Action(s):
1. Consider other uses for buildings;
2. Do not move forward with a CDP for a third building.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/7/2007 DEPARTMENT ID NUMBER: CS07-012
Analysis: In 2002, the city completed pier building improvements, which included an
observation tower for Marine Safety (Tower Zero) and the public restroom building. Ruby's
Diner was constructed and opened in 1996. There are currently three modular, temporary
units on the pier: a bait and tackle shop (Let's Go Fishin'), a souvenir store (Surf City Store),
and a kite store (Kite Connection).
Each of the three temporary structures is 10-foot by 32-foot portable, modular unit located on
the pier platforms, which stand beyond the width of the main thoroughfare of the pier. On the
first platform, closest to the shoreline, is Kite Connection on the north side and Surf City
Store on the south side. The second platform includes Tower Zero on the south and a large
utility equipment box on the north. Lifeguard vehicles are also parked in this area while
Tower Zero is staffed. The third platform houses a public restroom building on the south and
Let's Go Fishin' on the north. Ruby's Diner is located at the end of the pier (Attachment 1).
Let's Go Fishin' is a bait and tackle concession. The Kite Connection sells several
Huntington Beach-themed souvenirs as well as a variety of kites and banners. The Surf City
Store sells a variety of products with the trademark words "Surf City, Huntington Beach."
Each concession operates under a temporary special permit and pays a nominal monthly
fee. The concessionaires paid for all costs associated with placing the modular units on the
pier including anchoring, access ramps and permit fees. The concessionaires also pay their
own utilities and lease their own modular units.
Prior to being placed on the pier, the Kite Connection was operating out of Sunny's beach
concession, which was located on the sand immediately north of the pier. The Kite
Connection vacated Sunny's when the city was moving forward with the Pier Plaza project in
the mid-1990s. The city placed the Kite Connection at its current site because of the
popularity of the service and the products it provided while part of Sunny's.
The Surf City Store has been at several locations throughout the city, including the downtown
area off 5th Street and, for a brief period, on Hamilton Avenue near the intersection of
Newland Street. The Surf City Store was originally placed on the pier opposite the Let's Go
Fishin' concession in 1998. At the time the city began construction for the permanent public
restroom and Tower Zero, the Surf City Store was moved to its current location, which has
been very successful due to its proximity to Pier Plaza. The Surf City Store is officially a
partner with the city and helps the city retain its copyright on the words "Surf City, Huntington
Beach." The contractual relationship between the city and Surf City Store has existed since
1993.
Since the 1930s, there have been several business owners and different structures located
on the pier. However, the business uses have remained relatively consistent as food
concessions or fishing related sales such as bait and tackle or sport fishing services.
Neptune's Locker, a former concession, sold beer and wine and operated on the north side
of the first platform of the pier for several years. After the pier was damaged by winter
storms in the late 1980s, the concession operations consisted of The End Cafe where Ruby's
-2- 4/23/2007 3:14 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/7/2007 DEPARTMENT ID NUMBER: CS07-012
Diner is currently located, a bait and tackle concession, Neptune's Locker, and Fisherman's
Grotto at the first platform on the pier.
After the pier was reconstructed in the early 1990s, the city received a Coastal Development
Permit (CDP) and Conditional Use Permit (CUP) to construct Ruby's Diner, Tower Zero,
Public Restroom building, and approval to construct two additional permanent buildings, a
620 square foot building and an 800 square foot building. Due to the amount of funding
available, the city proceeded only with construction of Tower Zero and the public restrooms
in 2000; however, the CDP for the two additional buildings is still valid.
Locations for the two permanent buildings approved under the CDP would be on the current
sites of Let's Go Fishin' and Kite Connection. If only two recommended permanent
structures are built at the two approved locations, they would not require an amendment to
the current CDP. Staff is also recommending the city apply for a CDP for a third building, so
that each of the current uses could have separate structures, although Kite Connection and
Surf City Store operators have indicated that they could share a building, although they
would rather it be on a short-term basis only.
Originally, the Ruby's Diner lease gave Ruby's the right to build and operate a bait and tackle
shop/snack bar in addition to the restaurant on the pier. In 2002, the agreement was
modified to eliminate this provision. This was done for a number of reasons, but one reason
was that Ruby's did not feel a snack bar would be feasible as a separate concession on the
pier; they have a walk-up window on the diner to serve the public, and Zack's Pier Plaza
concession exists at the foot of the pier.
City Council may want to consider moving forward with the existing concessionaires, Kite
Connection, Let's Go Fishin', and Surf City Store, to provide a continuity of established
services for pier visitors, or may wish to use a Request for Proposal process to select the
specific concessionaires. Council could choose to consider another type of business not
currently represented on the pier. Each of the three existing concessionaires has submitted
interest letters (Attachment 2). The pier concessions will, when permanent buildings are
constructed and operational, have standard concessionaire contracts with terms similar to
those of existing beach concessionaires.
Adding new concession buildings on the pier would not require a public vote, per section
612(c) of the City Charter (Measure C), since piers are exempt and it would be providing a
service in a location used prior to January 1, 1989. (Attachment 3)
On March 14, 2007, the Community Services Commission voted to recommend to City
Council approval of the recommended actions contained herein (Attachment 4). Additionally,
the Community Services Commission recommends a public awareness or educational clause
be added to pier concession leases to support cleanliness on the pier. The commission
conducted a public input meeting following the city's public hearing process including sending
notices to property owners within 1,000' of the pier (usual radius is 300'), and the City Clerk
advertising in a local newspaper.
.3. 4/24/2007 3:22 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/7/2007 DEPARTMENT ID NUMBER: CS07-012
Strategic Plan Goals: This project meets the following Strategic Plan Goals:
Infrastructure, 1-1 Improve the city's plan for funding and completing infrastructure needs,
and develop strategies for resolving crucial infrastructure problems to preserve the physical
foundation of the community and enable the community's value to grow.
Land Use and Economic Development, L-4 Create an environment that promotes
tourism to increase revenues to support community services and transform the city's
economy into a destination economy.
City Services, C-2 Provide quality public services with the highest professional standards
to meet community expectation and needs, assuring that the city is sufficiently staffed and
equipped overall.
The construction of permanent buildings on the pier will complete the pier's infrastructure.
They will provide visitor-serving amenities on the pier that promote tourism as well as service
the residents of the community who utilize the pier for recreation and leisure purposes.
Environmental Status: The original entitlements for five (5) pier buildings, Conditional Use
Permit No. 91-19 and Coastal Development Permit No. 91-9, were covered under
Environmental Impact Report No. 89-8 adopted by the City Council on May 15, 1990. Any
additional buildings on the pier will be subject to compliance with the California
Environmental Quality Act.
Attachment(s):
City Clerk's
Page Number No. Description
1. Site Ma
2. Existing Concessionaires' Interest Letters
3. City Charter Section 612 Measure C
4. March 14, 2007, Community Services Commission Recommendation
5. Power Point Presentation
6. Letter from Stephen Bone dated February 27, 2007
-4- 4/25/2007 4:17 PM
(13) May 7, 2007 - Council/Agency Agenda - Page 13
F-2. (City Council) Approve Construction of Two Permanent Visitor-Serving
Buildings to Replace Existing Modular Units on the Municipal Pier, Proceed With
Request for a Coastal Development Permit (CDP) for a Third Permanent
Building, and Consider Types of Concessions
Communication from the Director of Community Services transmitting the following
Statement of Issue: There are currently three modular units on the municipal pier.
Funds have been budgeted to construct two permanent concession buildings on the
pier. The Community Services Commission has reviewed and moved to recommend
the staff recommendations to City Council for approval.
Funding Source: Redevelopment funds have been budgeted in the FY 2006/2007
Capital Improvements Program budget, Fund 305. This was included in the list of
Redevelopment Agency-funded projects approved by City Council, using one-time
Redevelopment revenue from the Hyatt residential project.
Recommended Action: Motion to:
1. Approve construction of two permanent visitor-serving buildings on the Municipal
Pier, in accordance with the existing Coastal Development Permit (CDP)
2. Proceed with a request for a Coastal Development Permit for a third
permanent building
3. Recommend the following types of concessions:
a. Bait and tackle shop
b. Souvenir store
c. Kite store
4. Recommend that souvenir store and kite store share space in one building
on an interim basis until third building is constructed.
PowerPoint presentation titled Permanent Buildings on the Municipal Pier is included in the
agenda packet.
Cpproved 7-0 as amended-#2 to include staff to proceed with design in anticipation o
approval of coastal development permit.
Council Comments -(Not Agendized)
At this time Councilmembers may report on items not specifically described on the
agenda which are of interest to the community. No action or discussion may be taken
except to provide staff direction to report back or to place the item on a future agenda.
Council/Agency Adjourned at 9:29 p.m. to Monday, May 21, 2007, at 4:00 p.m., in
Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
ATTACHMENT # 1
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Proposed Permanent Structures
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ATTACHMENT #2
4
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untie ' e
March 6, 2007
Mr. Jim Engle
Director, Community Services
City of Huntington Beach
20M Main Street
Huntington Beach, CA 92648
SUF3 WCT: PIER BUILDINGS
Dear Mr. Engle,
In regards to your inquiry regarding sharing a pier building with the Kite
Connection, the Surf City Store is in full agreement. We have had several
discussions with Dave on this subject and believe we can develop a plan that
will work to everyone's benefit. Of course, our first choice would be to
operate from separate buildings. However, if it is necessary that we shard a
building either on a temporary or permanent basis we are confident that both
businesses will profit.
Thank you,
Tina Vimy
Surf City Store
Then Kite,Co-vL4wcV&yt1
P.0. Bow53
ffu*WLv�o-vv8each, C4 92648
714-536-3630
February 27, 2007
Jim Engle,Director of Community Services
City of Huntington Beach
2000 Main St.
Huntington Beach,CA
Dear Mr. Engle,
This letter is to inform you of my desire to become a permanent tenant on the Huntington
Beach Pier. I have been a resident of Huntington Beach for the past 32 of my 40 years,
residing my first 8 years in Fountain Valley. I am a product of the Huntington Beach
school system, and have owned and operated The Kite Connection and Kites For Kids in
Huntington Beach since 1983. I have been located on the Pier since 1998, and from 1991
— 1998 1 occupied a portion of the SUNNY'S building, located on the sand, just north of
the pier. For the past 15 years,the Kite Connection and Kites For Kids have been very
active in the community; sponsoring numerous kiting events, classes, etc. In addition, I
have worked very closely with the Community Services Department, as well as
performing hundreds of educational school assemblies throughout Huntington Beach and
the State of California, educating more than 500,000 children about the magical world of
kiting.
The Kites For Kids program has been named as a top assembly in the state numerous
times. I have worked closely with many downtown businesses, including Duke's
Restaurant and the Hyatt Resort& Spa.
Promoting tourism is a top city priority. For the past five years, The Kite Connection has
sponsored the Huntington Beach KITE PARTY,which attracts visitors from around the
world, and was named the best kiting event in the United States for 2005.
The following are some of the programs and activities with which I am involved:
• Organization and sponsorship of local public kiting events
• Teaching sport kite flying through the Community Services Department
• Providing kiting activities for families staying at the Hyatt Regency
• Fund raising programs for local schools and youth organizations
I have acted as an unofficial ambassador for the city, and wish to continue doing so. I
understand that at this time, there are plans for two permanent buildings on the pier. If
necessary, I am willing to share a building with the Surf City Store.
When appropriate, I will be happy to provide the city with a detailed business plan.
Thank you for your consideration, and I look forward to a continuing long term
relationship with the City of Huntington Beach,its businesses, and residents.
Sincerely,
Dave Shenkman
The Kite Connection& Kites For Kids
HUNTINGTON BEACH PIER
BUILDING USE PROPOSAL
su , fity
Huntinot n; Beach
0
PRESENTED BY THE SURF CITY STORE
TI NA VI RAY
NELSON WESCOTT
1
TABLE OF CONTENTS
1. STATEMENT OF PURPOSE
2. HISTORY OF CITY TRADEMARK
3. HISTORY OF SURF CITY STORE
LOCATIONS
4. SURF CITY STORE SALES PERFORMANCE
VERSUS RETAIL INDUSTRY STANDARDS
5. CONTRIBUTIONS TO THE CITY, LOCALS,
AND TOURISTS
6. ASPIRATIONS FOR THE FUTURE
7. CONCLUSION
1. STATEMENT OF PURPOSE
In May of 1993 the City of Huntington Beach trademarked
"Surf City, Huntington Beach". In June of 1993 the City
contracted with Nelson "Bud" Wescott to market clothing bearing
the trademark. In 1994 the City contracted with Tina Viray to
market novelties bearing the trademark. Later in 1995 Tina and
Bud in partnership with the City of Huntington Beach opened the
Surf City Store to provide locals and tourists trademarked
products. The current contract continues through 2018.
This presentation will provide a history of the Surf City Store's
relationship to the City's promotion and protection of its
trademark. In addition, a brief history of the various locations of
the Surf City Store will be given. Further, data indicating an
above industry performance in the areas of sales per square foot
and sales increase per year will be included. Examples of actions
taken by Tina Viray and Nelson Wescott to promote and represent
the City of Huntington Beach in the best possible light will be
provided. We will also share insights into our aspirations for
further success with the acquisition of a permanent building. The
contents of this proposal will present a significant case for
continuing operation of the Surf City Store on the Huntington
Beach Pier.
2. HISTORY OF CITY TRADEMARK
After receiving the trademark for "Surf City, Huntington
Beach" the City was informed that they must use the trademark
or lose control of it. To that end the partnership with Tina Viray
and Nelson Wescott, a.k.a. Surf City Store has been a great
success. We developed a logo that was immediately embraced by
locals and visitors alike. In fact one would be hard pressed to
drive two blocks in this area without seeing the logo either on a
car, someone's hat, or on a shirt. To date, well over a half million
logos have been sold to customers worldwide.
Also, over the past fourteen years several City departments
have adopted the logo for use on their uniforms as well as
business cards and letterhead. These actions have further
protected the trademark and contributed to the branding of"Surf
City, Huntington Beach".
Further, with the permission of the City and the Surf City
Store the logo is prominently displayed on the giant electronic
billboard at 405 freeway and Beach Boulevard. The billboard
invites motorists to shop the Huntington Beach Boulevard of Cars.
Meadowlark Golf Course proudly displays the Surf City,
Huntington Beach logo at each tee box. These and other uses by
local businesses reflect their civic pride and support of the City
logo.
In addition to using the trademark the City had the task of
enforcing the trademark. With the popularity of the logo came
trademark infringement. In the past decade we have been the
sole source of assistance to the City in enforcing their rights to
"Surf City, Huntington Beach". We did this by diligently
reporting offenders to the City Attorney for appropriate action. In
all cases the offenders suspended their infringement upon the
trademark.
The result of our actions in creating and marketing a successful
logo and protecting the trademark against infringement has
ensured that the City retains the sole rights to "Surf City,
Huntington Beach".
3. HISTORY OF SURF CITY STORE LOCATIONS
The original Surf City Store was to have been located on the
pier in the current location of the Kite Connection. However, at
the last minute a difficulty arose and the store was opened on
Hamilton Street across from Edison High School. This was by no
means an optimal location and the store soon moved to Fifth
Street in the downtown area. Although there was very little foot
traffic on Fifth Street the store developed a loyal following of
locals and was able to survive, making a small profit.
After a few years the City was able to place the Surf City Store
on the pier across from the current location of Let's Go Fishing, in
a 300-sq. ft. modular unit. Shortly thereafter, the store was
moved closer to the opening of the pier where both locals and
tourists found the location more accessible. While looking forward
to moving into a permanent building, the Surf City Store has
continued to operate out of a modular unit and has thrived.
4. SALES PERFORMANCE VERSUS RETAIL INDUSTRY
STANDARDS
In addition to being civic-minded and dedicated to being a
positive force for the City, the Surf City Store has achieved
distinction in the area of sales. The following Tables will indicate
two things. First, given the size of our operations (300 sq.ft.) we
have consistently ranked at the top of retail industry standards
for sales per sq.ft. Our performance ranks among such notable
companies as Williams-Sonoma, Pier 1 Imports, and Linens N
Things to name a few. Tables 1 and 2 detail our performance
relative to industry averages and specific retailers.
Second, Table 3 illustrates a performance consistently above
industry standards in sales growth per year. This has been
accomplished through a continual review of operating processes
with subsequent expansions of the product line, creation of new
graphic designs, and improvements in product displays.
Combined, these statistics indicate an ability to fully utilize the
space available and grow the business.
SALES PER SQUARE FOOT TABLE 1
PERFORMANCE VERSUS INDUSTRY AVERAGES
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GENERAL CLOTHING GIFTS/SPECIALITY SURF CITY STORE
MERCHANDISE
®SALES/SQ FT. '
$154 54 $229.47 $267.29 $793.00
SOURCE: NEWSPAPER ASSOCIATION OF AMERICA 2007
SALES PER SQUARE FOOT TABLE 2
PERFORMANCE VERSUS SPECIFIC RETAILERS
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$0.00
BED BATH & COST PLUS LINENS N PIER 1 WILLIAMS- SURF CITY
BEYOND THINGS IMPORTS SONOMA STORE
Note: 2005 FIGURES NOT AVAILABLE WITH THE EXCEPTION OF THE SURF CITY STORE.
Source: COMPANY REPORTS AND SG COWEN
TABLE 3
SALES INCREASE OVER PRIOR YEAR
40% �fi `a t4 Y5 5 x
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' ✓ Y Yn,xt>r ? � � a az. �+� $;�M r'�yc�,ia� �i�',-��f�� �`y�.���a..a '� ���� �i�'�sc.; F xh iq�.
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Percent Sales Increase
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2001 2002 2003 2004 2005
0INDUSTRY STANDARD ' 1% 3% 4% 7% 7% {
13 SURF CITY STORE -2% 39% 37% 140 7%
Note: 2001 figure adjusted for 3 months closure
Source: US Census
Surf City Store 1040 Tax Returns
5. CONTRIBUTIONS TO THE CITY, LOCALS, AND
TOURISTS
The Surf City Store makes every effort to provide low cost or
donated products to numerous organizations as part of the
public/private partnership. We provide "Surf City, Huntington
Beach" promotional items for Economic Development events, and
other City functions. Twice a year we conduct a sale at City Hall
to provide deeply discounted logo products. We donate to many
school fund raisers, senior activities, and have even outfitted a
couple of local teams who advanced to national competition. We
actively work with the Sister City Program to ensure affordable
gifts when traveling to other countries as well as to those they
host here in Huntington Beach.
The Surf City Store prides itself on personalized service to
locals and tourists. Such service has included; stocking sundry
beach items often left behind by tourists, delivering products to
locals unable to come to the store, completing special orders for
handicapped customers, and sending special care packages to HB
military personnel serving overseas. We've even gone as far as
driving a stranded tourist to a gas station to fill their gas can.
Tourists receive answers to questions about the history of the
City, help in locating local landmarks, recommendations on
restaurants, and of course assistance in selecting the perfect
souvenir for their budget.
One of the most gratifying parts of owning the store has been
developing a relationship with the many repeat customers from
Huntington Beach and the rest of the world who return year in
and year out to purchase the unique products only found at the
Surf City Store.
Also, while several of the pier concessionaires close during the
winter or in bad weather, unless the pier is closed we are open for
business. The only exceptions are Thanksgiving and Christmas
day. We know that this is greatly appreciated by tourists, because
they tell us so. The sales on these days may not be great, but the
service we provide is priceless to their vacation experience.
6. ASPIRATIONS FOR THE FUTURE
Over the past fourteen years we have demonstrated a strong
and unwavering commit e t to the partnership with the City o f
Huntington Beach. This commitment has been demonstrated
through perseverance during the beginning years and the
challenges of starting a new business. Once profitable, the store
has consistently given a percentage of profits to the City. While in
its current location on the pier, the Surf City Store was destroyed
twice during winter storms. We rebuilt the store at our expense
and managed to maintain a loyal customer following even while
closed for repairs. While advised by the City to put off major
improvements to the modular unit housing the Surf City Store,
the store has been maintained in an orderly manner making it as
attractive as possible.
We continually attend trade shows, follow marketing trends,
and know that this, in conjunction with a permanent building will
further enhance our service to the City. With a permanent
building we see a future with a City Store that everyone can be
proud of. We see a City Store with exciting, state of the industry
displays. We see an expanded product line offering even greater
service to our customers. A permanent building with increased
square footage will result in even greater success than has been
achieved to date.
7. CONCLUSION
The Surf City Store has a strong history with the City of
Huntington Beach. Over the years, the popularity of the
trademark has strengthened along with sales. In an era of
franchises and chain stores, the foresight of the City in partnering
to create the Surf City Store has resulted in something truly
original. The Surf City Store provides an opportunity for locals
and tourists alike to take home a unique city souvenir, something
that won't be found in every store they visit.
Part of the mandate for the pier buildings is that they provide
services to tourists. To that end there are five food and beverage
service operations within yards of the pier. There are bike,
surfboard, and boogie board rentals within the same area. These
operations, along with the Surf City Store provide those required
services. Placement of the Surf City Store in a permanent.
structure builds upon the past success of the store and retains the
place where locals and tourists return to purchase City
trademarked products.
We've presented our history with the city, our sales
performance relative to industry standards, given examples of our
intrinsic value to the city, and stated our vision of the future. We
sincerely hope that this committee will go forward with a
recommendation that the Surf City Store remain in its logical
location, on the city Pier.
From: Clifford Johnson
Sent:Thursday, February 15, 2007 11:36 PM
To: Engle,Jim
Subject: Huntington Beach Pier Building Uses
City of Huntington Beach
2000 Main Street
Huntington Beach, Ca 92648
Attn: Mr. Jim Engle, Community Service Director
February 12, 2007
Subject: Huntington Beach Pier Building Uses
Reference: Mr.Jim Engle's letter to Pier Concessionaires dated 12/20/07 (sic)
Dear Jim,
As per your letter and our last phone conversation please pass this letter on to your
Community Services Commission.
Letter to H.B. Community Services Commission:
Ladies and Gentlemen:
My wife Marian and I have had the pleasure of owning and operating our"Let's Go
Fishing"bait and tackle shop on the Huntington Beach pier since 1994. We have enjoyed
and appreciated the opportunity to make our products and services available to the
visitors and local users of the H.B.pier. It has been hard work, long hours but very
rewarding because we have been able to meet and befriend so many people. Speaking
from my heart my wife and I have loved working on the pier and being able to teach both
adults and kids how to catch fish. And, we have greatly enjoyed co-sponsoring the
famous"Huck Finn Fishing Derby"with the city for the past 13 years.
I still spend some time with my wife at our pier shop,however due to my service
connected medical conditions I can no longer work full time. My wife and grandson
have been running our bait and tackle shop on a daily basis for the past few years. This is
how we pay our bills and keep a roof over our heads. We would like to have the
opportunity to remain on the H.B. pier long after the new pier buildings are completed.
In closing for what it is worth I want all of you to know that during the many years that
Mr. Ron Hagan was the director of Community Services he told my wife and I that the
people loved us on the pier and that we were the ambassadors of goodwill on the pier for
the City of Huntington Beach. He also told us several times over the years that we would
have our"Let's Go Fishing" shop on the pier as long as we wanted it. He also told us
that we would have first right of refusal on the new 700 square foot bait shop when it was
completed. He told us that the city would be contacting us before construction to get our
input on how we wanted the inside of the new bait and tackle shop to be laid out.
I want all of you to know that my wife and I relied on Mr.Hagan's above statements in
our decision to remain on the H.B.pier over the past 13 years while waiting for the new
building to be built. We have waited a long time for our dream of"Let's Go Fishing"to
have a permanent building on the H.B.pier.
I am a combat wounded 100%disabled ex-marine sergeant. My wife and I are not asking
for any handouts or special treatment and or favors, we just want the City of Huntington
Beach to honor what Mr. Ron Hagan told us.
My wife and I look forward to your kind consideration regarding our request to keep our
business on the H.B.pier and we would be pleased to discuss this matter with any of you
at any time.
Thank you and best regards.
Cliff and Marian Johnson
Shop (714) 960-1392
Home (626)442-8737
5
ATTACHMENT #3
It shall be competent for the City to make contracts and covenants for the benefit of the holders of any
such bonds payable only from revenues and which shall not constitute a general obligation of the City for
the establishment of a fund or funds,for the maintaining of adequate rates or charges,for restrictions
upon further indebtedness payable out of the same fund or revenues,for restrictions upon transfer out of
such fund,and other appropriate covenants.Money placed in any such special fund for the payment of
principal and/or interest on any issue of such bonds or to assure the application thereof to a specific
purpose shall not be expended for any other purpose whatever except for the purpose for which such
special funds were established and shall be deemed segregated from all other funds of the City and
reserved exclusively for the purpose for which such special fund was established until the purpose of its
establishment shall have been fully accomplished.
Section 612.PUBLIC UTILITIES AND PARKS AND BEACHES.
(a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City
shall be sold,leased,exchanged or otherwise transferred or disposed of unless authorized by the
affirmative votes of at least a majority of the total membership of the City Council and by the
affirmative vote of at least a majority of the electors voting on such proposition at a general or special
election at which such proposition is submitted.
(b) No golf course,driving range,road,building over three thousand square feet in floor area nor
structure costing more than$100,000.00 may be built on or in any park or beach or portion thereof
now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a
majority of the total membership of the City Council and by the affirmative vote of at least a majority
of the electors voting on such proposition at a general or special election at which such proposition is
submitted.
(c) Section 612(a)and 612(b)shall not apply;
(1)to libraries or piers;
(2)to any lease,franchise,concession agreement or other contract where;
- the contract is to perform an act or provide a service in a public park or beach AND
- such act was being performed or service provided at the same location prior to January 1, 1989
AND
- the proposed lease,franchise,concession agreement or other contract would not increase the
amount of parkland or beach dedicated to or used by the party performing such act or providing
such service.
(d) If any section,subsection,part,subpart,paragraph,clause or phrase of this amendment,or any
amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional,the
remaining sections, subsections,parts, subparts,paragraphs,clauses or phrases shall not be affected
but shall remain in full force and effect. (12/7/90)
Section 613.EXECUTION OF CONTRACTS. Except as hereinafter provided,the City shall be bound
by a contract only if it is made in writing, approved by the City Council and signed on behalf of the City
by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the
direction of the CityCouncil. Exceptions to this procedure are as follows:
p
(a) By ordinance or resolution the City Council may authorize the City Administrator or other officer to
bind the City,with or without a written contract, for the acquisition of equipment,materials,supplies,
labor,services or other items included within the budget approved by the City Council,and may
impose a monetary limit upon such authority.
c-15
ATTACHMENT #4
Public Input Hearing Notice was published in the Independent, a
newspaper of general circulation. Notices were mailed to addresses within
1,000 feet of the proposed location (in excess of the 300 foot requirement).
COMMUNITY SERVICES COMMISSION
EXCERPT FROM MINUTES
OF THE MARCH 14, 2007, MEETING
PUBLIC INPUT HEARING —
Permanent Buildings on the Municipal Pier— Dominguez presented a PowerPoint
presentation on the permanent buildings on the Municipal Pier. He provided a
brief history of the pier including the types of buildings, building usage, building
permit status, available funding, and staff recommendations. He also presented
the process required to place two additional permanent buildings on the pier at
areas currently occupied by the Kite Connection, and Let's Go Fishin' portable
buildings. He explained that the Coastal Development Permits (CDP) allows
construction of five (5) buildings on the pier. He noted that due to funding
limitations, only three of the buildings have been constructed as Phase I: Tower
Zero, Public Restrooms, and Ruby's Diner. He mentioned that funding is
available to complete two additional concession buildings for Phase II. He noted
that three concessionaires have operated out of temporary trailers on the pier for
the past decade; Let's Go Fishin', the Kite Connection, and The Surf City Store.
He said the concessionaires provided and maintain the modular facilities at their
own expense and the city receives a monthly fee from each of the businesses.
He mentioned that the city shares a trademark partnering agreement with The
Surf City Store as part of the city's "Surf City, Huntington Beach" name
recognition effort.
Dominguez noted that under the current CDP only two permanent structures are
included and that a new CDP would be required to build a third building. Engle
added that interest letters from the three concessionaires had been included in
the meeting packet. He noted The Surf City Store and Kite Connection have
agreed to operate out of a single permanent building on a temporary or
permanent basis. He also noted that the city had received a letter from Stephen
Bone, President of The Robert Mayer Corp, in support of the Kite Connection.
Dominguez concluded the presentation with the recommended action to
construct two permanent visitor-serving buildings on the Municipal Pier in
accordance with the existing CDP; proceed with a request for CDP for a third
building; and, recommend three types of concessions from the following; a) bait
and tackle shop, (b) souvenir store (Surf City Store), (c) kite store.
The commission questioned the need for a "bait and tackle concession" due to
the problem of fishers cutting bait on benches and the pier deck. After
discussion, it was felt the concessionaire could be part of the solution to this
issue by educating the public on not cutting bait on the pier or benches.
Public Comments —
Dave Shenkman, owner of the Kite Connection confirmed his desire to remain on
the pier as a permanent tenant. He discussed his family's long history with the
City of Huntington Beach, and his long time residency. He said he has been the
owner/operator of the Kite Connection since 1993, and conducts Kites for Kids
Program with the Huntington Beach school system. He said he was originally
part of Sunny's Concession on the beach and was relocated to the pier when
Pier Plaza was constructed. He mentioned that the Kite Connection sponsors
the "Huntington Beach Kite Party" which was named the best kiting event in the
United States for the past three years in a row. He also discussed the expanding
business relationships with surrounding amenities including an agreement with
the Hyatt Regency for their summer program and discussions with the Hilton to
participate in their summer program. His final comments included praise as a
business operator, for the great relationship he shares with the city, and
enjoyment he has as a pier resident, unofficial ambassador, and tourist
information guide. He confirmed he would be in favor of working out a sharing
agreement with The Surf City Store owners.
Cliff Johnson, owner of Let's Go Fishin' for the past 13 years, confirmed his
desire to remain on the pier as a permanent tenant. He commented that his wife
and he enjoy participating in the annual "Huck Finn Fishing Derby" co-sponsored
event with the city. He stated he was told from the start that the city would build
a permanent building on the pier for him, and that he had worked hard toward
that opportunity and wants something to pass on to his wife and grandchildren.
He commented he and his wife enjoyed being unofficial ambassadors as pier
residents. He also indicated that he and his wife try to help keep fisherman from
cutting bait on the pier benches and that cardboard to cut bait on, is given out
with the bait they sell.
Tina Viray & Bud Wescott, owners of The Surf City Store for the past 15 years,
confirmed their desire to remain on the pier as a permanent tenant. Viray noted
The Surf City Store has been partnered with the city since 1993, operating in a
300 SF trailer on the pier since 1998. She mentioned that since partnering with
the city, The Surf City Store has sold a half million pieces of merchandise
worldwide, successfully marketing the "Surf City" trademark. She also noted that
the business participates in supporting the city and local organizations with
donations of product. She said they look forward to the opportunity to continue
the successful relationship.
Bloom thanked everyone for their comments and expressed appreciation to the
concessionaires for their efforts to help police the pier, their contribution to the
community and support as unofficial ambassadors.
The commission discussed various uses for the concession buildings. There
was discussion that Ruby's Diner originally had the right to the bait/tackle and
food/snack bar concession, but decided to eliminate that from the concession
lease with Council approval. Engle noted there are several potential reasons
including: they have an existing walk-up service window at the diner, Zack's Pier
Plaza is at the foot of the pier, and the small size of the Coastal Commission
approved building (640 sf) would make it difficult to function.
Commissioners and staff discussed the concessionaires' leases. Engle stated
that the concessionaire's currently operate on a month-to-month special permit
paying a flat fee, and pay for their own modular buildings, including installation
costs and permits. Staff indicated that once permanent buildings are
constructed, selected concessionaires would enter into a standard city lease
similar to the other beach concessions. Staff indicated that a formal license
agreement exists with The Surf City Store relative to the trademark partnership.
Jones commented that she has attended the "Kite Party", and that it was a
fabulous opportunity and a great program. She said Dave Shenkman had 200
kites participate in a fundraiser for children with cancer, and expressed her
appreciation.
Engle thanked all three concessionaires for their support as "unofficial
ambassadors", and Bloom officially closed the public comments portion of the
meeting.
MOTION:
Moved by Myers, seconded by Rechsteiner, to:
1) Recommend to City Council to construct two permanent visitor-
serving buildings on the Municipal Pier in accordance with the
existing Coastal Development Permit.
2) Recommend to City Council to proceed with a request for Coastal
Development Permit (CDP) for a third building; and
3) Recommend to City Council three types of concessions from the
following:
a. bait and tackle shop
b. souvenir store (Surf City Store)
c. kite store
4) Recommend to City Council to add a public awareness or
educational clause to the concession leases to support cleanliness
on the pier.
AYES: Bloom, Hubbard, Jones, Kreitz, Moss, Myers, Rechsteiner,
Roberts, Smith
ABSENT: Steel, Thomas
Motion Passed.
ATTACHMENT #5
CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING
MAY 79 2007
PERMANENT BUILDINGS ON THE MUNICIPAL PIER
PERMANENT BUILDINGS ON THE MUNICIPAL PIER
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PIER HISTORY
1903 1 ,000 ft timber structure (pier) at the end of Main
Street constructed (six years before the city
incorporation - Pacific City)
1904 Red Line begins bringing visitors in 1904 (Pacific
Electric)
1912 Storm washes out midsection of pier, leaving end
protruding from the ocean several feet from the
shoreline
1912 Voters approved $70,000, reconstruction bond
1914 First solid concrete pier in nation .constructed —
1 ,350 ft
PIER HISTORY
1915 Downtown business district developed - Pier took on
recreational atmosphere
1925 Pacific Coast Highway constructed, making HB more
accessible to visitors
1930 520 ft addition to pier hosts cafe at end - 1 ,816 ft
1939 300 ft of pier extension wrecked by storm - Restaurant
at end lost for first time
1940 Damaged pier replaced with wood structure - End of
pier reconstructed and reopened
Forty years pass before additional pier damage
PIER HISTORY
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Original Wooden Pier �i l �
Built 1903 -- 1 000 ft }� *�
t.H l gl ,H h pia /'t JI h, H Ig.( I rl 1 1 I S III I IrdI I'd OI 1 %, rH'IS n i
aAeri Ike cll .'/ rhr�e!nx a.<ni1 ttr,l I r1 rr n xrr nra�l�i r. In N12,71 i�hffiew
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m I' «I. al �.tic.s Ilfurili{il'lnn Neal haPl la$701XX)7 r 1P,,.
7&-Pier xr......11 it,ivad 41N 11 unx it,,,Noriz�ul N.Ai rl�r�,1H�,�r��ic Plai<s
Concrete Pier.
Built` 1,914 19350 ft
PIER HISTORY
1983 End Cafe and Bait & Tackle Shop destroyed by
storm
1985 Rehabilitated Pier reopens with new two-story End
Cafe
1988 250 ft of pier with End Cafe destroyed by storm
1988 July 12 - Pier closes
1990 Construction of new pier begins
1992 . , Construction of new pier completed
, 1996 Ruby.'s Diner opened
1999 Temporary structures placed
2002 Tower Zero and Public Restroom buildings opened
PIER HISTORY
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NATION'S FIRST SOLID CONCRETE PIER
Built 1914 Replaced 1985
PIER HISTORY
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Building Uses
Lifeguard Station Wave Gauge / Hoist Room
Public Restrooms Recreation Room
Fishing & Tackle /Bait Shop Snack Bar/ Restaurant
Sport Fishing Ticket Office. Surf City Store -
Storage Room Kite Connection
CURRENT FACILITIES
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CURRENT PIER CONCESSIONS
• Surf City Store — Partnership with City, placed on
pier to maintain/promote trademark logo
• Kite Connection — Relocated from Sunny's on the
Beach as part of Pier Plaza project
• Let's Go Fishin' — Traditional bait and tackle
service provided on municipal piers
Current concessions on month-to-month lease
Temporary buildings - Purchased/leased and
.placed on pier by concessionaire
Permanent buildings - Wilt require standard
beach concession lease
PROCESS.
Fundinq Source: Redevelopment Agency
• FY 06/07 - $ 70,000 Entitlements/Design
• FY 07/08 - $630,000 Construction
Entitlements:
• C D P #5-93-294 still active
CUP Process
Charter Sec, 612 (Measure C) Piers and Libraries
Exempt
Other Approvals:
• Community Services Commission March 14, 2007
• City Council
COASTAL DEVELOPMENT PERMIT
PERMIT NO. 5-93-294 PERMANENT BUILDINGS:
Phase 1 — Complete 2002
• 6,510 SF Restaurant — Ruby's Diner
• 900 SF Lifeguard Station — Tower Zero
• 800 SF Public Restroom
Phase 2 — Permanent Single Story Buildings
• 620 SF Building
• 800 SF Building
Third Building - .Requires New. CDP
COMMUNITY SERVICES COMMISSION
RECOMMENDATIONS
1 . Recommend to City Council to construct two permanent
visitor-serving buildings on the Municipal Pier in
accordance with the existing Coastal Development
Permit;
2. Recommend to City Council to proceed with a request for
Coastal Development Permit (CDP) for a third building;
3. Recommend to City Council three types of concessions
from the following:
a. bait and tackle shop
b. souvenir store
c. kite store;
4. Recommend to City Council to add a public awareness or
educational clause to the concession leases to support
cleanliness on the pier.
*Advertised Public InOut -Meeti ng Held March 14*
CITY COUNCIL RECOMMENDED ACTION
1 . Approve construction of two permanent visitor-serving
buildings on the Municipal Pier,
in accordance with the existing Coastal Development
Permit;
2. Proceed with request for Coastal Development Permit
for a third building;
3. Recommend types of concessions from the following:
a. bait and tackle shop
b. souvenir store
co kite store;
4.'Approve souvenir store and kite store- share space in
one building until a third building is constructed.
CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING
MAY 7, 2007
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ATTACHMENT #6
THE
�OBEI\T MAYEI�
CORPORATION
February 27,2007
Mr. Jim Engle
Director of Community Services
City of Huntington Beach
2000 Main St.
Huntington Beach, CA
Re: The Kite Connection on the Pier
Dear Mr. Engle,
On behalf of The Robert Mayer Corporation,the Hyatt Regency Huntington Beach
Resort and Spa and the Hilton Waterfront Beach Resort, I would like to take this
opportunity to request that the City allow The Kite Connection to be selected as one of
the businesses to remain on the Huntington Beach Pier.
Promoting tourism is atop City priority. For the past five years, The Kite Connection has
sponsored the Huntington Beach KITE PARTY,which attracts visitors from around the
world, and was named the best kiting event in the United States for 2005.
i
j The Kites For Kids program has been named as a top assembly in the state numerous
times. The Kite Connection has worked closely with many downtown businesses,
including Duke's Restaurant and the Hyatt Resort& Spa and has worked very closely
with the Community Services department,as well as performing hundreds of educational
school assemblies throughout Huntington Beach and the State of California, educating
more than 500,000 children about the magical world of kiting.
The Kite Connection is truly an unofficial ambassador for the City of Huntington Beach
and we would highly recommend that the City allow The Kite Connection to continue
providing activities from its location on the pier for the many families that come to
vacation and visit in our wonderful City.
Sincerel
Stephen K. Bone
President
660 Newport Center Drive .Suite 1050 . Newport Beach,CA 92661
P.O. Box 8680. Newport Beach, CA 92658-8680
tel 949.759.8091 . fax 949.720.1017
RCA ROUTING SHEET
INITIATING DEPARTMENT: Community Services/Economic Development
SUBJECT: Permanent Pier Buildings
COUNCIL MEETING DATE: May 7, 2007
. RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Ap licable ED
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Ap licable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attomey) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attomey) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable 19
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached
Not Applicable
ENPLAHATION FOoRWSMNG ATTACHPAEMT
REVIEWED RETURNED FORWARDED
Administrative Staff ( )
Deputy City Administrator Initial ( )
City Administrator Initial
City Clerk ( )
EXP ANATION FOR RETURN OF ITEM:
J Is
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(Below • For Only)
RCA Author: Brunson
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Public Restroom Q RapoaeE New PennanerA Sbutlllee �
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MAY' 72007
�P E RMA N EN T rB U J L D I N G S� N THE MUNICIPAL PIER
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* Recommended Action
PIER HISTORY
1003 1 ,000 ft timber structure (pier) at the end of Main
Street constructed (six years before the city s
incorporation ' "Pacific City)
1904 Red Line begins bringing visitors in 1904 (Pacific
Electric)
19�12 Storrn . washes out midsection of pier, leaving end
protrudinIg 'frorn' the ocean several feet from the
shoreline
1912 Voters a pp roved $70 000 reconstruction bond
4914- -First-solid concrete pier n nation constructed�r --
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1 ,350 K."
i
PIER HISTGRY ,
F
1,915 Downtown busimess district developed Pier took on
recreational .,atmosphere
1925Pacific Coast Highway constructed, making HB more
accessible to visitors
1930 ' . 520 ft addition topierhosts cafe at end - 1 ,816 ft
1939300 ft of spierextension wrecked by storm - Restaurant
Iostfor first ti me
s 1940 Damaged pier replaced with wood ,structure ,- End' of
} pier 'reconstructed and reopened
u Forty years pass before additional pier damage
PIER-HISTORY-.i'' '
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Built QO ft
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m'erlihr r f I l srrc f r ! l I .Jlt:h F! tN hiHf rl $70 rMX)Mnld�rr
.i,,. j - smm�.n Ji /r mrll rl qr nnnl fY.XY lr ras/sled ! Nanmull RsFlnrr..fNisr ys Plul t.s.
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Concrete Pier
uiit 114 - :1 ;350 ft
P1ER HI TORY
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19:83End Ca fe ncl Bait & Tackle Shop destroyed by
story'
1985 Rehabilitated Pier, reopens with new two-story End
Cafe
198250 ft of pierwth End "Cafe destroyed by storm
'8s 12 - � er�c�loses
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1992 Cons, ructien ofne��u pies completed
iner
9 ► t tby's Coopened
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2, o T owe
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PIER HISTORY50
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NATION'SFIRST SOLID CONCRETE PIER
Built 191t.- Replaced 1985
PIER HISTORY
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Huntington Beach Pier c. 1940
Building Uses
Lifeguard Stati on Wave. Gauge / Hoist Room
Public�:Restrod' Recreation Room
Fisfiin & Tackle /Bait Shop, Snack Bar/ Restaurant
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'_.Sport Fishing_Ticket Office-, ..Sur-f--Ct Store
,Storage Room' Kite. Connection
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CURRENT PIER CONCESSIONS
• S urf C ity t re '- Partnership with City, placed on
pier to, maintain/promote trademark logo
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Kite Connection Relocated from Sunny's on the ,
Beach as part of Pier Plaza project
Let's Go F is hi n' Traditi'o' nal 'bait and tackle
service provided, on municipal piers
Current concessions on. month-to-month lease
Temporary buildings - Purchased/leased and
placed on pier b
,,, y concessionaire
Permahent "Ibu -1ding' g - Wi l l require standard
beach concession ease, , *
PROCESS
FundingSource. Redevelopment Agency
FY, 06107;-- $ 70,000 Entitlements/Design
FY 07/08 - $630rJO00 Construction
Entitlements:
C D P #5-93-294 sti I I active
CUP Process
Charter Sec. 612 (Measu''re ' C) Piers and Libraries
Exern Pt
Other, Ap ' als.,
: Community Sorvices ;Cornrnission March 14, 2007.
• City. Council f
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COASTAL DEVE-LOPMENT PERMIT
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PERMIT. N , 5-93-294 PERMANENT B lILDsiNG'S: ;
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Phase 1 — Complete 2002
6, 10 F �Res -auran - Ruby's Diner
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90 S Lifegcard station — Tower Zero
8U0 F Public Res room
Ph'ts 2. = .Permanen# Sing aStory Buildings
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Bu:rdlnc
00uildin
Third Building Req.0 res New CDP
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Com' 'M UNITY SERVICES COMMISSION
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ECOMMENDATION' ',
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1 Recommend ;ta City Council to construct two permanent
visi#or-serving, buildings on the Municipal Pier in
` accordance with the existing Coastal Development
Permit;
2 ,Recommend to City Council to proceed with a request for
Coastal Development Permit (CDP) for a third building;
3 Recommend to City Council three types of concessions
from the following:,,
a.: ` bait, and tackle -:shop ` .
b. .souvenir store '
C. k te stare;
4 : Recornmencl:to pity Council to. add a public awareness or
�ducatiohaCclause to fhe concession leases to support
= �I�anliness on' the pier.
*�d�rertis�d Public I
nput M.+��ting Held Ma rch '14*
.:CITY COUNCIL RECOMM N,
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ACTION
1 Approve construction Hof twa�,permanen# ws: tor=serving
buildings ion the unic!pal Pier,
in accordance with the existing Coastal Development
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2. Proc t request for Coastal Development Permit
for a1b ra bu ilding;
s Reenmend typefi ccr +cessions from the following:
a bait and .t *1 sop
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b souenir 4st ►re=
," Vrr kite, store, }
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Aftprovesovenir stare and kites s tore share space in
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C17 OF HUNTINGTON BEACH
CITY COUNCIL."
MAY 7, 2007
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