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HomeMy WebLinkAboutPC Min 1983-05-18 '. .' 8) , , '<: MINUTES OF THE SEAL BEACH PLANNING COMMISSION MEETING OF HAY, 18, 1983 THE PLANNING COMMISSION MET IN REGULAR SESSION ON WEDNESDAY. MAY 18, 1983, IN THE 'CITY COUNCIL CHAMBER~ OF THE, CITY ADMIN- ISTRATIONBUILDING. THE MEETING, WAS CALLED TO ORDER AT 7:49 P.M. BY VICE CHAIRMAN GOLDENBERG, AND THE ,PLEDGE TO THE FLAG 'WAS LED BY COMMISSIONER SMITH., PRESENT: . ABSENT: STAFF: ,Goldenberg, Smith, Jessner,Perrin Covington 'c . Antos,. Michael. Jenkins, City Attorn~y~s office The minutes of the May 4th meeting were considered and approved. with the following vote: AYES: NOES: ABSENT: Golden~erg, Smith, Jessner None ". Covington ,PeJ:\~~~(~rri;e~,~to hear discussion re Walt's Wharf) PLANNING COMMISSION DETERMINATION A. Walt'~Wharf, 201 Main Street The City Nanager asked the Planning Commission for a clarification of the condition requiring Walt's Wharf Restaurant to c~ose at midnight. ,Michael Jenkins of the City Attorney1s Office stated ~hat the purpose of this determination is to state what the Commission's intent was when they placed the 12 midnightclC;sing condition on the CUP. This would not be the time to modify or change the determination, b~t simply state what that condition means. Commissioner Jessner stated it was his recollection and also in reviewing .'-- those minutes of that particular meeting, that the, d06r~ for the entire business were supposed to.be closed atmldnight and that the people inside 'were supposed to be winding down their Bctivities, whe~herit was eating or, dr.inking and the rest~urant was to be preparing to close down. Mr. Goldenberg stated that the actual intent of the condition was as Mr. Jessner stated and that i~ was Very clear at that time. Mr. Perrin asked if the Planning Commission could determine what the hours of serving of alcohol can be over ~nd above that of t~e rules of the Alco- holic Beverage Control. Staff replied that it has been done in the past, subject to a pub,lic hearing and a CUP condition. Mr. Goldenberg stated 'that at that time (1982) the Commission did not place any restriction on the serving of alcohol that would be different from what State rules were. 7;:"',.-....",.:;...,~-~- . fa 'e PC Ninutes-May 18, 1983 Page 2 Commissioner Perrin stated that all the problems that have arisen have seemed to stem from the implementation of entertainment. ; Mr. Jessner' read an excerpt from ,the 2/17/82;,minutes wherein Jay Covington asked the applicant if a closing time of 11 p.m. would be consistent with ,Walt's Wharf's 'operation. Mr. La Casto stated that he does not anticipate being open beyond 11 p.m. tim~ period, but that he would ~ike,to place '. a12 a.m. -limit rather thanll p.m. to allow the restaurant some'flexibility. Commissioner Smith stated he W;:lS in full agr.eement with Mr:. Jessner's and Hr. Goldenberg's,comments. Public Input Received Re Walt's Wharf 1. Phil La Casto, co-owner of Walts Wharf stated that the circumstances 'ar.e to~ally different now than they were in 1982. "We have entertainment now. 'At the last hearing, we discussed'the issue of music and what time it' was going to go to. It was c1e'arly agreed upon that the music would continue untii 1:30 ,a.m. I pointed out that, if all the other places aroun~ have music until 1: 30 a'.m., and if I was going to have a chance for succeS$, I would have to have music until 1:30 a.m. If music is continued :until ' 1:30 a.m., I must pay a bandtechnica11yuntil 2 a.riJ'., two doormen and staff until that time." Mr. Go~denberg.stated that whatever discussion went on,here tha~was outside ;:-of the request for a liquor license was discussed on the 'part of Mr.LaCasfo and any other people,in the audience, but he .reite'rated that, the Planning ,Commission is in no position to change any rules laid down by the City Manager nor make, any decisions in regard to the entertainment. Whatever Mr. La Casto's requirements and needs in his business are now do not really apply to the Planning Commiss'ion iri regard to the condition placed on the CUP. Specifically this item was voted on accordingly~ Mr. La Casto disagreed. He stated that ,the fact there is,music until 1 :30 a .m,. makes the circumstances totally different than they were' originally. Mr'. Perrin stated that it was his recollection that'the Commission took the time'limit condition out of the CUP as that was under the purview' of the City Manager. Staff indicated that the City, Manager provided a memo to the Planning Commission regardirigthe section of the code which places an entertainment license under his pur~iew. Therefore, that time limit on entertainment was pulled so the matter could be left up to the City Manager, and the Co~ission dealt solely with the liquor license. The City Manager would levy the entertainment hours. Commissioner Jessner asked Mr. La Casto if it was his understanding that when the ,CUP was issued in 1982 that he was going to close his business at,12 midnight. ,Mr. La Casto replied "By all me,ans." ~~. Smith asked the applicant what is his personal interpretation of the agreement that he made regarding 12 midnight closing. PC Minutes-May 18, 1983 Page 3 IJ' Hr. La Casto re'plied ,that it was closing the doors to the, res'taurant' opera- tion, but aid not include closing doors to entertainment. He indicated th?t 1iqu~r is served upstairs.' He further sfated that it would be very difficult ,to turn people away at the d'oors at 12 midnight when there are customers still enjoying the music. ,Those customers will not be repeat customers. Mr. ,Goldenberg stated that the case that the Commission is concerned with at this moment, r~cognizing and understanding Mr. La Castos situation, is the c1arifiation of closing hours dealing with the sale of liquor which was placed on the original CUP. Anything else can be discussed at another time. Mr. Jessner asked if the, City Manager had already determined hours of entertainment. Staff replied that that was not known. Clarification of this condition to a particular hour of closing might supercede the City Manager's decision. e Mr. Goldenberg stated that at the first he~r'ing, when Mr.' LaCasto sta,ted that he-wOUld close the doors by midnight and ,that he would endeavor to 'serve whoever was there, but that the Staters ruling to serve liquor until 2 a.m. would remain in force but ,that no new people would come in the' doors after midnight. After midnight it was discussed that he would be windingup'his business. At that time he did not have an entertainment license.- If we vote tonight to uphold our decision as I understand it to be ~or the closing down of all business operations, does this leave the owners of Walt's.Wharf in a position that they' can or 'ca~not ret1J.tn. to the Planning Commission if needed, with regard to c:ontinuing their hours. ' Staff replied,' that depending upon how the Commission rules-this evening, the applicant can come back to the Commission for a modificat::ion of condit-fons. A public, hearing would be he~d, Commission would take testimony and decide. Commissioner Jessner stated that in the Planning Commiss:Lon meeting of 1982, Mr. LaCasto came fo us and stated that the restaurant caters to a family-type crowd and would not have late hours. This is ,what was told to the Commission initially. If Mr. LaCasto had stated at that time that he would be open until 1:30 a.m. and be having a night club here, that he (Com. Jessner) would have 'looked ,at the CUP in a wholly different light. ' Mr. LaCasto stated that if,he would have known then what he knows now, he-.would have done it differently. He further stated that "he is a busi!1essman, and he has to do what he has to do to stay in busin~ss. Commissioner Perrin told Mr. LaCasto that a month ago it was understood that his decibel level would not exceed 90 d~A. Commissioner Goldenberg thanked Mr. LaCasto,for answering'the Commission's questions and that he would like to have Commission make its determination. -- PC Minutes-May 18, 1983 Page 4 . Commission~r Jessnermoved that item 3 as it reads in the City;:Mamig~t's, request for- "cTcitlfiE.atiotl -iricOIPoiate"s':"tl}e~furr-infe~[lT~~_of -the -Plann1ng-CommlSslon condition, "i.e. that~n business operations, including the'sale of"liquor, -the restaurant and the entertainment, will cease at-midnight. The doors will close, . and the:businesswill begin to wind down'its operations. Commissioner Perrin seconded the motion and motion passed by the following vote: Determination AYES: NOES: ABSENT: Perrin, Smith, Goldenberg and Jessnet None Covington Staff asked when the Commission wanted this particular condition to be in effect. The concensus of the, Commission was that this was to take effect immediately. GENERAL DISCUSSION - A staff report was given by Mr. Antos regarding decibel level obsE;!rvations, at Walt's Wharf. Along with other letters of complaint received regarding the restaurant, there_wa~ a petition signed by 17 individuals stating "We hereby petition the City C.ouncil and the ,Planning Commission of Seal Beach to revoke any entertainment license and corrditonal use permit for liquor license at Walt's un tilsuch time as a more acceptable riCois~' level and hours of operation can be established and adherance thereto-guaranteed by the City." Commissioner Perrin asked if City Manager set a time for completion of noise attenuation. Staff replied that the City Manager indicated that' the work should be done immediately. There was some discussion between Commission members' as to whether or riot to recommend to City Manager th~t noise attenuation completion date be directed to Mi. La Casto. Mr. Jessner moved to recommend to City Manager that he establish and communicate to \valt's Wharf a time to, have, the acoustical improvements completed. Motion seconded by Mr. Smith and passed unanimously. ' General Discussion Open to Audience 1. John Euhleberg, 208 8th Street, business located at 207! Main Street, which is direcily next to Walt's Wharf. He indicated that he is probably the person most affected by this situation, as he lives and works close to the restaurant. Mr. LaCasto has already had 30 days period in which to do 2 days work of noise attentuation. Since the Commission meeting of April 20th, the sound has been louder than ever. He does not'helieve Walt's Wharf can attenuate the sound to where it is an acceptable level for those of us who live near the restaurant. II: , He further stated that when the CUP was orginial1y issued by the liquor license, we were told by the time that Mr,' LaCasto planned no entertainment at his business. It was a family restaurant. Mr. LaCasto had come to me as president of Businessman's Association and said he had been trying '. PC Minutes-May 18, 1983 Page 5 to get a liquor license and I asked him if he planned entertainment and he said no. As I was in favor of a liquor license I urged others to do the same and was circulating a petition in favor of it. I don't believe that 'anyone ~ho wrote a letter in favor of the original liquor license or who signed the petition felt that there would be any entertainment involved. Just before the meeting of April 20th, I sat down along with some of the other businessmen and with the La Castos and tried to adjudicate this noise problem to stop it from becoming a real issue. We had already agreed that something had to be done about the noise and,other nuisances around the restaurant. Nuisances such as yelling cbscEhi.i Eies~~ racing tires, urinating on landscaping, and other various things - not what you would call a police matter by the~selves, but a conglomerate of small things that adversely affect our way of life and we do not like it. I know there is another gentlemen here tonight that wants a liquor license and I hope this does not impact him. There has to be some way to control entertainment and maybe Main Street is not the place for a liquor license. That is not the real issue except when it goes along with the entertainment. The LeCasto's had their liquor license before their entertainment and I had no problems. The -Commission i~ going to have to come to some kind- of conclusion of what to do with Main Street. 2. Reva Turchin, 1625 Seal Way. "I have lived in Seal Beach for over 20 years. This has been a quiet town and I think we had better tak~ a second look at this case as evidence of a very bad scene. I do have residences on both sides and would like to keep it quiet." tit 3. Brent Matthews, 218 8th Street. "I have very strong feelings about the issue and I personally would like to see Walt's Wharf succeed. Recently, my quality of life has been substantially reduced. From a planning viewpoint, - the egress of late night activity on ,Main Street has no practical method to control it well. We really don't have an effective means for making sure that the covenants placed on this conditional use permit are enforced. Possibly the Planning Commission should consider an 11 p.m. curfew for Main,Street at another time. e 4.' Jim Gilkerson, 1011 Electric Avenue. On the original CUP, it was stated that there would be no modifications to the building. The liquor bar was installed and the upstairs was turned into a dance floor. Why wasn't that looked into at that time. - I agree that the 12 midnight hour referred to as when entire business operation closed down. Bogart's in Long Beach had a similar problem with noise and they were told that there would be no more music until the problem was cleared up. It can be handled fast. The amplification could have been turned down in one night. 5. Robert Shaft, 220 8th Street. One of the things we haven't mentioned is that most of the residents have kept their windows closed during the winter months. Now that the weather is becoming warmer, windows have been opened and the music can be very clearly heard. . e . PC Minutes-Haf ~18, 1983 Page 6 General discussion closed to the public as no one spoke in rebuttal. Commissioner Jessner indicated that if it was the concensusof the Commission, he would like to get a report at the next regular meeting as to'whether t,he acoustical changes have been completed . and also if some readings could be taken as to the dBA level and also if Walt's Wharf has a dBA meter so that they can monitor the noise level themselves. If these corrections have not been made, then the Commission would have to discuss, rescinding the CUP. Mr. Goldenberg stated that he believes the Commission can withdraw the CUP as it is based on the condition that the CUP has been voted on. Staff replied that if there is evidence of violation of conditions of a CUP, a report is prepared to the Commission which can instruct staff to hold a public hearing for the purpose of revoking the conditional use permit. Mr. Goldenberg stated that he felt that the City Manager should take what- ever actions are needed in order to solve these problems since what we would be doing in essence is revoking the liquor license and shut down operations and we sho~ld hold back until other action has been taken, Mr. Jessner read from the minutes of February, 1982, wherein Mr. LaCasto stated that the restaurant was not in any way changing the premises inside, but was only applying for serving liquor. He further stated that the restaurant catered to a family type crowd, would not have entertainment and would not keep late hours. Also he stated that Walt's was operating with a closing time of approximately 11 p.m. and that he, does not intend to stay open past 11; but would like to place a closing time limit at 12 midnight to allow for some flexibility. Mr. Joseph Brown of 226 8th Street asked for a clarification asked if there was an application for a night club. Staff replied that an entertainment permit which was issued included dancing. PUBLIC HEARINGS A. Michael Lawlor, CUP-5-83 & Tentative Parcel Map #83-1001 Applicationwas'to convert a duplex into a two-unit condomium. Staff report presented by Mr. Antos. The duplex at 142 11th Street was completed in 1976 and was in full compliance with all City codes at that time. The request is to convert the existing duplex into a two-unit condomiu~. Staff recommendation was to approve cup and tentative parcel map. It was indicated that the applicant has complied with all necessary requirements since submitting plans and parcel map to the Commission 60 days ago for review. PC Minutes-May 18, 1983 Page 7 4IJ Public Hearing Opened. 1. Michael Lawlor, 1723 Bayou Way. The applicant stated that he had no comments but would answer any questions. Commissioner Jessner asked that wording be changed in existing tenant consideration plans to read "tenants in residency" rather than "present tenants only". Commissioner Jessner asked that a condition be added to the CUP to indicate that "garages will be used for parking licensed motor vehicles only, not for storage .-" Commissioner Jessner moved to adopt Resolution No. i285 with amendments; Mr. Smith seconded. Motion passed by following vote: Res. #1285 AYES: NOES: ABSENT: Jessner, Goldenberg, Perrin, Smith None Covington Mr. Perrin moved to adopt Resolution 1286, with Mr. Jessner seconding the motion. Motion passed with following vote: e Res. #1286 AYES: NOES: ABSENT: Jessner, Goldenberg, -Smith, Perrin None Covington B. Jason Larson (J.W.Everitt), CUP-9-83, 231 Main Street This is an application requesting permit for on-sale beer and wine in conjunction with a live recording studio at 231 Main Street. ' The building is proposed to be equipped with a sound booth and stage, tables and a bar service area. Staff report presented by Mr. Antos. He indicated the proposed ~ '\ .. the building is to record live performances of acoustical music. The music produced in the building will not be heard outside as the ~oom will be sound attenuated to ensure quality taping. ' Live performancep will begin about 8 p.m. or later and end between 10 to 11 p.m. depending on musician's length of performance/intermission and encores. A floor plan of the proposed studio was presented to the Commission along with a press packet of applicant's like achievements. -- I e It it PC Minutes-May ~8, 1983 Page 8' Staff also included a letter by Reva Turchin'l~ent"~n" 5/11/83 regarding traffic and noise problems this application might cause, a letter fx.~!ll_ Brent Ma~ttrew:S~9P'posing CUP based on operations. ~t Walt' s Wha~.f._aE.~:.~~~='::.-~ , leiter.-&o;;;'~'B\'everly"Bo'y~f -who 'felt"--th~a't thli3fype,oJ--6pera-ti0~' would c'disrupt resident's lifestyles. -- Staff noted that so far an entertainment permit has not been applied for. It was also ,noted that some of the conditions deal with other than beer and wine liceQse. It was felt that the applicant should agree to these other conditions, based on operations at vJalt' s Wharf. Public Hearing Opened 1. Jason Larson, 18427 Studebaker Road, Cerritos. H~ spoke regarding his application. Noted that acoustic music is nonamplified music. The sound system is limited to making that exact level of sound in every part of the room uniform and overall. The purpose is to tape a performer before alive audience to get away from a studio environment. A performer plays better with an audience, strives to achieve higher goals. The normal c6:nversatiori level is 85 dBA.If you add 6 dBA to any level it is exactly double the volume. The audience is a particular type of audience that does not lend itself to a raucotis environment. This would destroy the tapes. The projected cost of a performance is prohibitive. He further stated that parking on the premises without using any on street parking is 24 spaces. We are only going to be able to seatr25~people. The on street parking on Hain Street would certaiI!ly be available during performances, as stores are closed at that time. Once the second performance begins, our doors will close. My primary objective is to, provide live audience in a live atmosphere. Dress code will be enforced. Employees will be ,in tuxedoes and will discourage unwanted clientele. PBS is very interested in doing live broadcasting from this building to encourage community relations in artistic music. Music will be folk, blue grass, lite jazz. In Stone City where I had a similar project, PM Magazine covered the story and in a very short time we became a cult-type of place w~ere nationally known artists desired to perform their work. Seal Beach has a hometown ambience and quaintness and appeal here,for national artists to enjoy. Interior of building will be an indoor garden atmosphere. No modifications will be asked for in the CUP. If,it passes with conditions as indicated, that will be'suitable for me. e fit -- PC Minutes-May 18, 1983 Page 9 Commissioner Goldenberg asked about price of tickets. Mr. Larson stated they would run between $15 to $20, with some higher and some lower, depending upon performer. With regard to dress code: no cutoffs, no swim gear, shoes and socks must be sworn. No hard liquor will be sold. There will be refreshments available of condiments, fresh fruits, deli cheeses. No food sevice will be available. A wide varie~y of beers and wine would be served. Mr. Larson would not object to a condition that maximum level of music not to exceed 90 dBA. He felt that he would be below that at all times. With regard to noise attentuation. If the sound escapes outside the building, that means outside noises can also come inside the building while taping, which would ruin the quality of tape, making it impossible to sell. The cost of improvments to the int~rior of the. building would run in excess of $20,000. The equipment alone runs $lOOi,'OOO~'>, With regard to a closing time, some artists do not start on time, performances may run longer than usual; therefore, flexibility is needed. OPPOSITION 1. Tom Danver, 234 8th Street. My wife owns a business at 228 Main Street. I am here to voice an objection to issuance of CUP. My property is located directly behind 231 Main Street. I do not feel there are 24 spaces are on that site. ' It is closed to 8 or 10 tandem spaces. Last Saturday I petitioned th~'residents on 8th Street and 10th Street with regard CUP and I would like to have it part of the final report along with the letter you received. Ou~ of 47 people asked, 43 people signed it. I personally object on the grounds of inadequate parking, external noise, possible littering and other problems that seem to go with live entertainment. 2. Neil Ward, 143 Main Street. My concern :Ls how does this effect my business. The Commission should verify parking spaces. 3. Brent Mathews, 218 8th Street. Mr;.-Natih~ws;' addressed the following questions to Mr. Larson. Are performances always live? When you are non-live, what are price guidelines. What types of video tapes do you propose? Will you accept hours of operation time ,limit? \"hat_:t.~p-e-s-Qf~acoustical treatment will be used? Mr. Larson replied: ,There are exactly 24 parking spaces marked off, not counting on-street parking. The 4:30 opening time will be for educational purposes, tours, informing residents of upcoming artists. PBS is very interested in filming PC Minutes-May 18, 1983 Page 10 . video productions. It is one of the most profitable aspects of the music business. Replays of 'taped performances will show on large screen when entertainment is not in progress, during the afternoons. Noise attentuation involves windows with !" heavy velvet curtains. Carpeting will be acoustically treated carpet with i" foam padding. Walls,will have reasonators ,to. stop feed back. Performances begin at 8 p~m Traffic will not be impacted at that time. Playback of tapes never exceeds sound of actual performances. I would not be opposeq to 90 dBA limit 'be placed on CUP. 4. Robert Shaft, 228 8th Street. Felt, that applause would exceed decibel level 'of 90. When performances are over~ half the patrons leaving will come down his alley or down Electric Av:.enueall at once ,and will create a traffic and noise problem. -- 5. Bud Turchin, 1625 Seal Way. Main concern is the traffic between 10 p.m. and midnight. Seal Beach is becoming noisier each year and it is . becoming difficult to find quiet which is why I moved here. 6. Joyce White, 230 8th Street. "Mr. Larson liked the quaintness _and ambience of Seal Beach. I feel tha~we have this small town atmosphere because night ~lubs are not allowed here. I feel he should not be in ' a residential area. We are very impressed with !vIr. Larson's credentials and his abilities. We don't want him invading the sanctity of our homes. He is very naiv~ to think that he can control the crowd due to high price of beer and wine. I am sure his motives are honorable, but ,I don't think any of you would like even 80 dBA. The music is great but I want to be able to control it in my own home." , 7. Joseph Brown~ 226 8th Street. Opposed to CUP. 8. Jim Gil~erson, 1011 Electric. Felt that the beer ~nd wine should only be sold during a live performance. Would stop people from going in'and out of studio. Felt a list should be provided to City of artists, how many and types of music. 8. Glenn Dulack, 217 11th Street. Concerns regarding parking, types of people drawn to business, re~trooms, litter associated with people who bring their own liquor. 9. Denise Shaft, 220 8th. Opposed to CUP. , , 10. John Euhleberg, 208 8th. I certainly welcome Mr. Larson and his concept in Seal Beach. Main concern is the location. 'Concerned with traffic control, suggests holding over decisionunti~ after problem with Walt's Wharf'is cleared up. J.W. Larson Rebuttal I have had a similar business before. 'Traffic, noise attenuation, all others can be controlled successfully. Acoustical music is something that needs to be preserved as an art form and bas no alliance to rock .' . :. . PC Hinutes-May.18,.1983 Page 11 ' and roll. Stone' City is 'closed because of the severe winters and artis~s and other~ hot being able to-reach that location due to weather. This business' was also on a Mqin St~eet, in a, small city of only 84 people., . Public Hear.ing Closed. Question was asked the ,owner of the property as to verification' of parking spaces. Mr. Jack Denster, 5319 Appian \~ay, Long Beach indicated, there are 24 to 25 parking spaces not counting on street parking., Other business used . 'the parking sPiic'es duririg the daytime business hour~. In reply to Mr. Perrin's questions, beer and wine could begin to be served at 5 p.m. according to Mr. Larson. He qlso indicated that the spaces ,direct:l-y behind the business w-6uld be used .for employee parking. . Hopes to eventually turn the business into .a private club. Commissioner Perrin stated he was going to v;)te in favor of, the. CUP . He was ~ympathetic to the homeowners, but felt this would give Main Street an economic thrust. Res. #1287 Commission~r Smith moved to adopt Resolution #1287 as ,amended with 90 dba limit al1d opening 'hour, 5 p.rri./clos'ing hour of l}1idnight, with Commissioner Periin secoo~ing the moti6n. Motion passed with followiri~ vote~ AYES: NOES: ' ABSTAIN: ABSENT: Perrin, Smith, Goldenberg None. Jessner Covington ,Commissioner Goldenberg stated that he appreciated the comments received ''from the audience. Their: input was taken into account and,that the CUP was passed in the best interests of,theCity. . . PLANNING COMMISSION ITEMS A. Old Town Wine & .Gourmet,'143 "B" Main Street. This is a request for an applicatidn for modified hours of6peration of . wirte' tasting andheer tasting classes/seminars. 'The applicants are requesting that present hour limitations of: 3 'nights per week" 6 p.m. to 10'p.m; and weekend clases, ;6'hours total, be lifted completely. This would provide'-. the~ with ,the flexibility to offer wine tasting or beer t'asting classes/seminars at other times .as class demand warrants. Minute Order Motion '. Staff report presented by Mr. Antos. It was shown that no. problems had ever arisen resulting from this operation. Recommendation was to approve 'application for modifi~d hours. Mr,' Perrin moved to approve, with Hr. Jessner seconding and motion passed unanimously. Meeting adjourned at 1l.,:.2.;;tp,.m... ,....... " ~ . ~ '?"': - , . " , ' . . . . - . - . - .. ~ ~'~l~ Recordirig~ecre ary