Council approves new beach concession agreements after heated public comment for Scooten and Riptides

The City Council on Tuesday authorized the city manager to enter into new lease agreements for three beach concessions on the Long Beach boardwalk, following several hours of public comment in favor of the current local operators.

City staff said the new agreements keep core terms of the prior leases while adjusting monthly rent to reflect recent market estimates. According to the presentation, the Scooten/Scruton lease was increased about 60 percent and Riptides—s lease was increased about 73 percent to align with the city—s market estimates; the Marvell lease was adjusted in line with the most recent RFP award and contains an escalation clause.

Joe Lupo, a city staff member who handled negotiations, told the council the concessions "worked with us to come to the numbers that we thought were reasonable" and that the businesses have been local employers who "do a good job at not only hiring local talent, but serving the community in general." Lupo said some lease provisions were updated to modernize terms and to align rent with comparable concessions in nearby towns.

Councillors and staff discussed operational differences among the agreements: Riptides negotiated a utility-cost arrangement under which it pays 50 percent of electricity during the busy season because its operations are seasonal and the tenant proposed submetering at its own cost. Council members flagged several drafting inconsistencies across the three leases: differing seasonal spans in electricity-payment language (April—September vs April—October) and conflicting clauses about the tenant—s right to terminate at the end of each season. City staff acknowledged some "cut-and-paste" inconsistencies from prior templates and said they would be corrected.

Several clauses drew specific council scrutiny and questions from speakers in the audience. The force-majeure provisions carried language carried over from pandemic-era templates that excuse rent in the event of supply-chain shortages or staffing shortfalls; staff said those were legacy terms and would be reviewed. One lease grants the tenant keys to restrooms for limited use when employees are on site early; staff said that arrangement does not mean restrooms will be left open to the public outside normal hours. The leases also permit tenants to place tables on adjacent public boardwalk space in some situations; staff explained that an extension of a concession—s physical footprint would require building-department review and, if necessary, council approval.

The public comment period contained extensive testimony supporting the local operators and two associated community programs. More than two dozen speakers praised Scooten/Scruton and Riptides for youth programs, employment for local teenagers and Surf For All, a program that offers adaptive surfing opportunities for people with disabilities. Melissa Aldsworth Moss, a parent and educator, described Surf For All as "absolute magic," saying the program helps children with disabilities gain confidence and experience in the ocean. Numerous young volunteers and program alumni also spoke about the clubs as community anchors.

The leases prompted a legal and procedural question about whether the city was required to solicit competitive bids for concessions located in Ocean Beach Park. Council member Lester noted city charter and code passages referring to leases in Ocean Beach Park and asked why the concessions were not put to RFP; he repeatedly urged staff to rely on competitive bidding procedures where required. City corporation counsel Frank DeKranis said the charter and code have overlapping language and that the charter is the controlling document; Dennis Kelly, an attorney who represents Riptides and Scruton Surf, said he had worked with city counsel and believed the negotiated agreements were legally sound. Council members said they took the legal points seriously but also emphasized their interest in keeping local operators.

After the public speakers— remarks and council discussion, the council adopted a resolution authorizing the city manager to execute the new concession agreements. The transcript indicates the resolution was moved and adopted; vote details were recorded earlier in the meeting but not recorded in full detail in the section of the transcript that captures the public comment. Council members directed staff to correct drafting inconsistencies and to clarify any legacy pandemic-era language.

The council also asked staff to consider whether future leases should include first-right-of-refusal or renewal provisions so successful local operators can invest in capital improvements with greater certainty.