HomeMy WebLinkAboutPC Min 1997-02-05
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CITY OF SEAL BEACH PLANNING COMMISSION
AGENDA for FEBRUARY 5 , 1997
7 30 PM. City Council Chambers
211 Eighth Street, Seal Beach, CA 1996
Next Resolution #97-2
I. PLEDGE OF ALLEGIANCE
n. ROLL CALL
ill AGENDA APPROVAL
By Motion of the Planning Commission, this is the time to
(a)
(b)
(c)
Notify the pubhc of any changes to the agenda,
Rearrange the order of the agenda, and/or
Provide an opportunity for any member of the Planning Commission, staff, or
public to request an Item be removed from the Consent Calendar for separate
action
.
IV ORAL COMMUNICATIONS
At tlus time, members of the public may address the Planning Commission regardmg
any items within the subject matter junsdlction of the Planning COmmiSSIOn, prOVided
that NO action or discussion may be undertaken by the Planning Commission unless
othelWlse authonzed by Jaw
V.
CONSENT CALENDAR
Items on the Consent Calendar are collSJdered to be routme and are enacted by one
motion unless prior to enactment, a member of the Planning COmmiSSIOn, staff or the
public requests that a specific item be removed from Consent Calendar for separate
action
1 Approve Planning Commission Minutes of January 8, 1997
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The City of Seal Beach complies with the Americans With Disabilities Act of 1990. H you need assistance to
attend this meeting, please telephone the City Clerk's Office at lease 48 hours in advance of this meeting.
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Page 2 - City of Seal Beach Planning Commission Agenda for Febroary S, 1997
2 Minor Plan Review 96-8
Address
ApplIcant
Owner
Request
Recommendation
46 RIversea Road
Ken Wllliams
Sam Dawson
Arclutectural review of a two-story cabana, the
proposed structure will provide a total of 1,779 square
feet of lIving area
Approve, subject to any Conditions of Approval,
through the adoption of Resolution No 97-_
VI. SCHEDULED MATTERS - None
vn PUBLIC HEARINGS
3 Variance 93-1 (Revocation)
Address
ApplIcant
Owner
Request
Recommendation
vm. STAFF CONCERNS
212 Main Street
City of Seal Beach
run K1isanin
To consider revocation of Variance 93-1 for lack of
payment of required m-lIeu parking fees The
COmmlssion allowed the property to vary from parkmg
requirements for a total of 18 off-street parkmg spaces
Revoke Variance 93-1 due to lack of payment of
required parking in-beu fees, through the adoption of
Resolution No 97-_
IX COMMISSION CONCERNS
X. ADJOURm.ffiNT
The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to
attend this meeting, please telephone the City Clerk's Office at lease 48 bours in adnnce oftbis meeting
...
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Page 3 - City of Seal Beach Planning Commission Agenda for January 8, 1997
IAN 22
FEB 05
FEB 19
MAR 05
MAR 19
APR 09
APR 23
MAY 07
MAY 21
JUN 04
JUN 18
. IUL09
IUL 23
AUG 06
AUG 20
SEP 03
SEP 17
OCT 08
OCT 22
NOV 05
NOV 19
DEC 03
DEC17
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1997 AGENDA FORECAST
CUP 97-1, 12147 Seal Beach Boulevard
ZTA 97-1 Consider municipal Code amendments requmng a %" raceway from an
electrical services panel for charging electric vehicles in all new residential garages
Housing Element Revision 97-1
TENTATIVE Hellman Ranch appbcatIon
Election of Chairman & Vice Chainnan
CUP 96-1 ReVIew at 12 months of Seal Beach Market
CUP 94-4 770 PCH/Burger King - Indefinite Extension
The City of Seal Beach complies with the Americans With Disabilities Act of 1990. If you need assistance to
attend this meeting, please telephone the City Clerk's Office at lease 48 hours in advance of this meeting.
.
CITY OF SEAL BEACH PLANNING COMMISSION
MINUTES of FEBRUARY 5, 1997
The City of Seal Beach Planning Commission met 10 regular sessIOn at 7:35 p.m. 10
CIty Council Chambers. The meeting began wIth the Salute to the Flag.
Roll Call
Present:
Chairman Brown
CommIssioners Hood, Sharp, Law
Also
Present:
D~partment of Development ServIces
Lee Whittenberg, DIrector
Craig Steele, Assistant CIty Attorney
Barry Curtis, Associate Planner
Joan Fillmann, ExecutIve Secretary
Absent:
Commissioner Yost
Mr. Whittenberg saId CommIssioner Yost telephoned to expla10 he would not be able
to be present this even1Og.
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MOTION by Sharp; SECOND by Law to excuse CommIssIoner Yost's absence.
Motion Carned:
Ayes:
Absent:
4-0-1
Sharp, Law, Hood, Brown
Yost
Aeenda Approval
MOTION by Hood; SECOND by Sharp to approve the Agenda as IJresented.
MotIon Carned:
Ayes:
Absent:
4 -0-1
Sharp, Law, Hood, Brown
Yost
Oral Communications
There were no oral commumcations.
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City ofSea1 Beach Planmng ComnuSSlon. Mmutes ofFebmary S, 1997
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Consent Calendar
MOTION by Sharp; SECOND by Law to approve the Consent Calendar as presented.
Commissioner Hood's vote indicates his abstention from votmg on the Minutes of
January 8, 1997 as he was not present at that meeting:
1. Approve Planning CommissIOn Minutes of January 8, 1997;
2. Approve ResolutIon No. 97-1, thus approving Minor Plan ReVIew 96-8.
MotIon Carried:
Ayes:
Absta1O:
Absent:
3 - 1 - 1
Sharp, Law, Brown
Hood
Yost
Scheduled Matters
There were no Scheduled Matters.
Public Hearin&s
3. Variance 93-1 (RevocatIon)
212 Main Street
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Mr. Whittenberg said staff had distributed a memo to the Planning CommIssion pnor to
the meeting pertaining to Variance 93-1. The memo expla10ed Mr. Klisanin submItted
a check for $7,300, a partIal payment on funds due the CIty. Staff SaId the
CommIssIon had a ChOIce to continue thIS PublIc Hear10g to after March 1 It to see If the
fees are paid or to hold the Pubhc HearIng tonight as noticed, take testImony, and
continue the item to a later date.
Chairman Brown said he preferred to have the staff report presented, to open the Public
HearIng, and continue It. If the second fee IS paid, the CommiSSIOn WIll note that and
deal WIth the matter then.
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Staff Report
Mr. Curtls delivered the staff report. [Staff report on file 10 the Planning Department
for reference]. The applicant, the City of Seal Beach, asked the Planmng CommIssio:1
to consider revoking Vanance 93-1 for lack of payment of reqUIred in-lieu ryarkmg
fees. The site IS 18 parkmg spaces deficient. Through the development agreement, ~he
CIty Council determined to charge the applicants (Mr. Kyle and Mr. Khsai1in) a fee of
$3,500 per deficient space m10us a total credit of $26,500 for benefits to the City and
its residents ans10g from the proJect. After the credit, the apphcants owed the CIty
$36,500. This amount was to be paid over a five year penod in annual payments of
$7,300. The apphcants signed the development agreement on February 3, 1994. Both
partIes now indicate Mr. Kyle IS not a partner in the property. To date the partnershIp
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City of Seal Beach Plonmng Conumsslon - Mmutes of February 5. 1997
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has refused to record the development agreement and the property IS two years 10
arrears on 1O-lieu parking payments.
Commission Ouestions on Staff Report
Comffilssloner Hood questioned ConditIOn of Approvals for Variance 93-1:
4. ... The applicant and/or property owner shall
sign and record the in-lieu parking agreement,
or an alternative document acceptable to the
City, pnor to the issuance of any building
permits and/or business license.
He asked "Did they record the permit?" Mr. CurtIs said no. Commissioner Hood
asked "Was a bus10ess hcense issued and why?"
Mr. Curtis said yes but he could not answer why they were ISSUed.
Commissioner Hood asked "When was the first date that these in heu fees were due?"
Mr. Curtis saId the first date was July 1, 1994.
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Commissioner Hood noted the first payment was due July 1, 1994, the second payment
was due July 1, 1995 and the thIrd payment was due July 1, 1996. He asked Mr.
Curtis if thiS would be correct.
Mr. Curtis verified thiS schedule.
Commissioner Hood saId the letter from Jim Klisanin, dated February 3, 1997, says he
will pay $7,300 now and "... will submit the other $7,300 no later than 3/1/97". This
letter is describing two years of debt but staff has just venfied three years of debt due.
Mr. CurtIs agreed.
Mr. Whittenberg expla10ed there is a difference in posItIons between the City
Attorney's Office and the City's Finance Department. The City Attorney's Office has
sent Mr. Klisanin a letter stating he owes $21,900. When the F10ance Department sent
Mr. Klisanin a bdllt was for $14,600 only. Staff needs to talk to the F10ance
Department to get the correct number of years billed to Mr. Kllsamn. Mr. Kllsamn is
aware of the letter from the City Attorney's Office saY10g he's three years late but, he
has a City bill saying he's two years 10 arrears.
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Chairman Brown asked "Who issues the budd10g permits versus the development
agreements? Is that different divlSlons? Who watches the development agreement?"
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City of Seal Beach Planmng Commission - MlDutes of February 5, 1997
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Mr. Whittenberg saId the BUIldIng Department issues the building permIts. The
development agreement IS recorded by the CIty Clerk's Office.
Chairman Brown then asked If the CIty Clerk's Office then notifies the BuIldmg
Department not to Issue a bUlldmg permIt on a certain property untIl this document is
recorded or untIl these fees are paId?
Mr. Whittenberg SaId "Normally that type of discussIOn occurs. It appears In thIS case
It dIdn't".
Mr. Curtis said a development agreement was signed by the applIcants and the City
Clerk sent it back to them and asked them to have it recorded; this is normal practIce.
Somewhere in that period, when they had it out for recording, the building permIt was
issued --- "Which probably shouldn't have been as you gather" And subsequent to
that the applIcants refused to record the agreement.
CommIssioner Sharp SaId the busmess hcense was also ISSUed In the same manner. The
Fmance Department thought everything was proper.
Mr. CurtIs SaId the busmess lIcense was issued at the same time the bUIlding permIt
was ISSUed for tenant Improvements.
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Commissioner Brown asked "What happens to the money? Where does the money
go?"
Mr. Whittenberg said the money goes-into a separate account for Main Street parking
improvements.
CommISSIoner Brown asked If this was an account maIntaIned by the City and If the
CIty earned interest on the mOnIes and/or were the monies bemg spent?
Mr. Whittenberg SaId some of the money has been spent. The CIty has collected
money over a number of years. The preparatIon of the MaIn Street Plan by Zucker
System was funded by monies in those accounts. The desIgn work now being done for
the MaIn Street Improvement Program is being funded by those accounts. Those funds
are being used for improvements on Main Street. The funds not beIng used collect
Interest.
Mr. Curtis said in the event the City doesn't pursue and bill the applIcants for three
years, the City Manager IS intendmg to go back before the CIty CouncIl to determine
whether or not they would be agreeable to start it a year later. One of the thmgs they
would look at would be whether addItIonal interest would need to be tacked onto the
year it began late.
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ChaIrman Brown asked If the mterest issue was in the development agreement?
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City of Seal Beach Plannmg Comnusslon - Minutes of FeblUary S, 1997
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Mr. Curtis said the City Council would have to look at. If they choose to allow hIm
too vary from the terms of the development agreement and start the payment a year
later.
Mr. WhIttenberg said an amendment would need to be made to the Ordinance on the
development agreement.
Chairman Brown said "So, there's nothing in the development agreement that requires
them to pay Interest" .
Mr. Steele said the development agreement contemplated he was gOing to pay each year
on the anniversary of the Certificate of Occupancy and If he dIdn't, he would be In
default. Therefore, there's no provision for interest in the development agreement.
However, if the City had to take legal actIon to collect amounts due now, the law
provides for interest at a legal rate. If we sue him we could collect interest. If we just
recover the back momes, WIthout suing, there's no proviSIon In the development
agreement for back Interest.
Commissioner Brown asked if this is the standard development agreement the CIty
uses?
Mr. Steele said yes, thIs IS the standard development agreement used at that time.
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CommIssioner Brown asked if that wasn't a defect in the development agreement-
there are no penaltIes for non-performance? There IS one bIg penalty --- the threat of
revocation. Short of that ---.
Mr. Steele said the philosophy of the agreement was you payor we take the agreement
away. There was no intermedIate step for interest. "We didn't want to gIve applIcants
the option to look at whether they wanted to pay a lIttle Interest and delay".
Commissioner Brown asked if that were standard in other CItIes for development
agreements?
Mr. Steele said yes, It was fairly standard. "You are talking about timed payments on
an anniversary basis for a specIfic kind of program, like a parking program".
Commissioner Brown Said that If you got a parking tIcket and dIdn't pay It on tIme
you'd get assessed an additional penalty.
Mr. Steele said the State doesn't have the option, at the moment, of takIng your car
away for not paYing the parking ticket.
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Commissioner Brown said the State won't gIve you your regIstratIon. "It seems that's
a giant loophole in the development agreement. This IS $21,000 for three years and the
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City ofSenl Beach Plonmng CommiSSion. MlJlutes ofFebl1lary S, 1997
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Interest alone on that is a heft amount that the CIty could have been earmng. And yet
there's no provIsion in the agreement for that".
Mr. Steele said the intent was that if there were a default the agreement would be
terminated withm SIxty days.
Commissioner Brown said "That's such a hefty payment. That we're going to take
away his Vanance and close down all the businesses in that bUIlding. And ObVIously
we don't want to do that unless we have to. And so, as a consequence of that thIS has
gone on for three years and no money has been collected. No money at all, nght?
That was the first payment ever --- it wasn't paid the first year eIther" .
CommIssIoner Sharp asked if there was something in the parking fee structure that If
the monies are not used they are refundable?
Mr. Whittenberg S3.1d he belIeved the proVIsIon IS that the funds must be spent wIthm
five or seven years. ThIS IS not in the development agreement.
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Mr. Steele SaId that's an AB 1600 proviSIOn. The reason the CIty went through the
Development Agreement process IS because It was not, at that tIme, gOIng through the
AB 1600 process. So there IS nothmg In the development agreement about refundmg
the funds if they are not spent. The funds are beIng spent now through the MaIn Street
SpecIfic Plan.
Commissioner Hood suggested future development agreements have an mterest penalty
attached.
Commissioner Sharp restated the City Attorney's pOSItion --- that Includmg an mterest
penalty would be a deterrent to paying the onginal amount. Somebody could select to
pay mterest on an amount due rather than paymg the amount due without gettIng into a
problem. The interest would be minor compared with the princIpal due.
Mr. Steele said that was correct to an extent. He didn't thmk It is a bad Idea to have
Interest provisions in agreements. When you have a more tradItIonal development
agreement WhICh IS for a huge proJect, those types of development agreements have
very specific interest provisions 10 them. Where the money is going to be whIle It IS
not beIng used. These Main Street development agreements, whIle sIgmficant for the
City of Seal Beach, are relatively small amounts of money. The Intent at the tIme was
to make it an "all or nothmg" type of arrangement --- "Pay it or lose the development
rights". The CommissIon could suggest those types of provISIons be in future
development agreements. They WIll, as a matter of course, be in large development
agreements.
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Mr. Whittenberg S3.1d the Planning CommissIOn will not see development agreements 10
the future for projects on MaIn Street because the municipal Code now establIshes an 10
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City of Seal Beacb Plannmg COIlUl1lSSI0n. Minutes ofFebroary S. 1997
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heu program where they pay the money up front, get a buildmg permit and they're
done. This was an interim measure to allow staff to deal with these issues while the
Main Street Specific Plan was bemg developed and the AB 1600 analysis was bemg
done. It was necessary to have a development agreement to consider these projects.
Commissioner Brown said "Let's look at the forest and not the trees here. 1 mean
maybe I'm the only one that strikes me as absurd this whole thmg. You have a
development agreement that was made and never recorded. But a butldmg permit
wasn't supposed to be issued until the development agreement. You have an owner
who never paid his fees and was allowed to have a business. He has paid some of the
fees but still is in arrears and yet has no penalty other than that whatever publtc
humtliation we can dish out ... you know. But basically It's no big deal".
Mr. Whittenberg said "I think we hear the concern".
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Commissioner Brown said "But It goes on. Then, while at the same time these
developers owe the City $20,000 that we're not even bothenng to collect, we're talkmg
about putting parking meters on MalO Street so the individual residents who have patd
their property taxes (or else they'd lose their property) have to pay for parking. At yet
at the same the business developments don't have to pay. They get a sweetheart deal to
begm with. It's no secret 10 the Main Street Specific Plan. 1 thought $3,500 per space
was generous. ThiS isn't even $3,500 per space. It was half of that, nght? What It
comes out to. That's an even better deal. Let's charge them $50,000 per space and
not collect it. What difference would It make? But, the point is, we're gomg after the
pnvate citizens and customers - they're talking about parking meters to pay for a
parking plan. We've got a City utility tax that's charging people on their telephone
bills to help the City balance their budget. It Just makes you wonder how many more
of these development agreements are floating around the City where money has been
charged and never collected. 1 mean, what other fees are there?"
Mr. Whittenberg SaId "To answer the direct question, to my knowledge, thiS is the
only development agreement where the fees have not been patd as were scheduled to be
paid and that's why it's before you for revocation. Like 1 satd, most of these were
done at one very narrow period of time --- over about a year or a year-and-a-half time
period" .
CommisSioner Brown SaId he was aware there were also City burglar alarm fees that
are not patd and nothmg is done about that.
Mr. Whittenberg satd he could not speak to that as the Planmng Department has no
dealmg with burglar alarm Issues.
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Commissioner Brown said he understood that. "We're seeing right here an example of
the City Clerk isn't talking to the BUIlding Department and they're Issumg butldmg
permits" .
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CIty of Seal Beach Planmng Conumsslon. MlOutes of February S. 1997
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Mr. Whittenberg said "It's not just the City Clerk, I think it's us not talklOg to her
also" .
Commissioner Sharp said the Commission was getting away from the subject. Let's
have a Public Hearing.
CommisslOner Brown said "Jim, I thlOk that is the subject. That why do we Sit here
and make development agreements and SIt here on a panel if the stuff we decide Isn't
done? You know, let's just have an open season."
Commissioner Hood said "If the Planning Commission imposes condItIonS and they're
not enforced, why should the Planning CommisslOn bother to impose the conditions?
Let's just let them go ahead and take what they want".
CommISSIoner Brown Sald to CommIssIoner Hood that prior to his belOg on the
CommissIon, the Commission did have a discussion on enforcement of Planmng
CommIssion provislOns. "Which is not the best in the world either" .
Pubhc Heanng
The Chair indicated the CIty was the applIcant, but the property owner, Jim KlisanlO,
was not present.
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Gordon Shanks * 215 Surf Place. Seal Beach
Mr. Shanks asked Mr. Curtis what is the dollar amount paid to date?
Mr. Curtis said $7,300.
Mr. Shanks said that is one-third of $21,900.
Mr. Shanks asked what date the property was updated to a polOt they were able to
receIve rents?
Mr. Cums Sald he didn't know that date.
Mr. Shanks asked If two years would be approxImately the date?
Mr. Curtis said it was some tIme in 1994.
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Mr. Shanks noted that six months ago Mr. KhsanlO bought a $20,000 truck which he
covered wIth his advertislOg. Apparently he has money for advemsing but not for
payment. He further said the landowner is putting the Planmng Commission 10 a
terrible blOd. The problem With this is, If you say you've got to pay by a certain date
you've got to ca1l1t then. Because If you put It off for a year and you have tenants 10
the bulldlOg, then you close down the bUlldlOg, you are then penalIzlOg lOnocent people
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CIty of Seal Beach Plaomog CommIssIon - Mmutes ofFebroary S. 1997
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who have no fault, who rented and paid advertIsmg to get their businesses gomg. If
you don't call It one date you're called "the bad guy". Some people may not
understand that the site has parking problems which go back 25 or 30 years when the
Masonic Lodge was built. The CIty is trying to correct the parking problems. The
Masonic Lodge was built from the sidewalk to the alley. There not room to legally
place a trash can. There was no parking whatsoever. When the Masomc Lodge
purchased the property It cost them less than other property, for example John's Food
King, which had parking. "Mr. Khsanin is the Chairman of the Christmas parade, the
Easter parade, the 4th of July parade and the Father's Day parade. This IS a man who
has the reputation of being one of the father's of Seal Beach and he isn't paymg his due
debts. Now, thiS IS really I thmk somewhat serious. And he's been recelvmg rents
for at least 24 months. I think we have two faults here --- (1) him and hiS partners for
not paying for it . . when It comes to this they think they can take advantage of their
position and deprive the City of Seal Beach of money. We're paying utIhty tax.
They're asktng us to volunteer and put money mto the Police (Dept.) funds because we
don't have enough for our Police. So we're Chairman Hastings IS havmg us to do
things because we don't have enough Pollee. So all we have here IS a SItuatIon which
really, seriously, be corrected. And it just shows is that what we have is a
busmessman, a property renter, and we all want to make money on our property if we
have rental property, IS taking advantage of this City and I think somethmg more
should be said of it than just to be talking up here. I think there ought to be a final
statement saymg that if they don't get the full $21,900, which IS low enough and I'm
not sure that's the exact amount, by "X" date, you padlock the doors. And If you
don't do anything else, next time down the lIne somebody is gomg to say look, they
don't mean what they're dozng --- we can get away with the same thzng ".
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There were no other persons wlshmg to speak either for or against thiS issue. The
Chair contInued this Public Hearing to the Planning Commission's next meetIng,
February 19th. Staff suggested It be continued to March 5th because that would be after
the date Mr. Khsanm indicated he would make his next payment.
Gordon Shanks
Mr. Shanks asked If he could speak and the Chair agreed. Mr. Shanks asked why
should this matter be put off untIl Mr. Klisanm's Judgment of when he wants to make
back payments? Mr. Shanks said the Internal Revenue Service mandates he pay hiS
taxes on Apnl 15th and Orange County makes him pay hiS property taxes on tIme.
"Why should Khsanin and hiS partners be allowed to have any additIonal money 'tIll
when they decide they want to pay back payments? Unless you can give me some
justification? I'll buy It if you can give me some justIficatIon. But I don't see any
ratIonale for it" .
Chairman Brown said Mr. Shanks had provided the JustIfication --- that by domg thiS
the City doesn't really punish Mr. Klisanm. If the City were to padlock the bUIldmgs,
it would punish the busmesses that are renting there. They don't know what's going on
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CIty ofSeal Beach Planmng ComrUlsslon - Mmutes of February 5. 1997
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with their landlord/property owner. "We have a very big stick and no httle stIcks to
prod people along. And that's the whole problem with this development agreement. "
Commissioner Hood asked Mr. Steele "Is it standard practice if a debt IS m default, m
partial payment, to require payment of the total? .. Is there anythmg to preclude the
City of Seal Beach requestIng that the entire amount be payable by, because it IS m
default, March 5, 1997?"
Mr. Steele said an acceleration payment would arIse in a situatIon where money has
been loaned. ThiS IS not the case, thiS is a fee. ThiS IS a fee for use --- parking. A
loan agreement often mcludes an acceleration clause but there IS nothmg m thiS
development agreement to allow that because, again, we're not lendmg money.
Commissioner Hood asked Mr. Steele to show him the paragraph where they are
allowed five years to pay the m-heu fees.
Mr. Whittenberg referred him to paragraph 5 of Ordmance 1379:
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5. TraQic and Parlang MlflgaflOn COnfnbUflOn. Owner
shall contribute to City the sum of $36,500.00 to
mitIgate traffic and parking impacts arismg from the
project. ThiS amount IS $63,000.00, based on an
mtenm in-lieu fee of $3,500.00 per parking space (18
spaces) mmus credits based upon the benefits to the
City and residents of the City arlsmg from the proJect.
Owner shall pay to the City the amount of $36,500.00
as follows: $7,300.00 shall be paid to the City prior
to the issuance of a certificate of occupancy for the
project; the balance shall be paid in four equal
installments of $7,300.00 on each successive
anniversary date from the date of the Issuance of the
certificate of occupancy. In additIon to these amounts,
Owner may be required to pay additionalm-heu
parking fees pursuant to Section 6 of thiS Agreement.
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Commissioner Sharp Said that Mr. Khsanin has already been notified by the City
Attorney's Office that he needs to pay the full three years fees due. "There isn't any
record of that in ours and I thmk that we ought to have It on record here that we expect
the payment for the full three years and not Just that of the two years." He felt one of
the biggest mistakes everyone has made is letting him start the project Without havmg
the papers signed. When the first year's payment was not made, the City allowed him
to continue without paymg for three years. "We should have come back at the end of
the year and told him either pay up or we'd close it up. We need to be sure that he
knows that we're gomg to extend this Pubhc Hearing untIl the first meeting m March
and at that time we're going to take measures to make sure that It'S collected".
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City of Seal Beach Plannmg COmnllSSlon. Mmutes of February S. 1997
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Chairman Brown agreed with CommissIOn Sharp. "I agree WIth you JIm --- we are at
fault or the City is a fault. 1 mean, obviously, we don't do that, we're the Planmng
CommISSIon. But certainly, the problem here is you have a busmessman who IS ta1ang
advantage of the CIty'S generosity or ineptness or whatever it IS".
Commissioner Sharp saId "The problem is, we've got more than one department
involved. If we just had one department involved I'd be jumping up and down. But
we've got more than one department involved and If one faIled to let the other one
know and this and that --- it's real easy for it to slip through the cracks. But, 1 thmk
that's where we're at fault and 1 thmk we've let him get away with it but now is the
time to say "Pay up" . "
CommiSSIOner Law asked if $21,900 would be collected at March 5th?
Commissioner Sharp said the CIty Attorney has SaId he notified Mr. KlIsamn that he
owes another $7,000 but It isn't in the Planning CommIssion records. Our records are
only for another $7,300. "I think It needs to be in our records that we expect a
payment of $14,600 at our next meeting".
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CommIssioner Hood SaId "No. No. 1 dIsagree. Our records show, and CraIg (Steele)
pointed me to thIS. First of all, $7,300 paid to the City prior to the issuance of a
certificate of occupancy. That's already been ISSUed. The balance shall be paId in four
equal mstallments of $7,300. He signed thIS agreement. Therefore, he has admItted
and acknowledged that he owes this amount. ThIS IS SIgned, thIS IS sealed and it's not
delivered. And so therefore, on the face of this, he owes $21,900. Normally, If you
owe somethmg you pay it, WIthout someone billing you --- at least if you're ethIcal".
Commissioner Sharp asked what fees would be charged under the Main Street Specific
Plan?
Mr. Whittenberg SaId it would be $3,500 per space with no credit prOVIsIons
CommISSIoner Sharp asked what that total would be for Mr. Khsanin?
Mr. WhIttenberg said that would be $63,000 instead of $35,000.
CommIssioner Hood asked if the Planning Commission were to move to revoke or
renegotiate --- if anything were re-negotIated at this tIme are there any applIcable
credIts smce the MaIn Street SpecIfic Plan has been approved?
Mr. WhIttenberg said there's no negotiations on the current provIsions of the MaIn
Street Specific Plan. There's a certain per space fee and you'd pay that fee on a one-
tIme basis.
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11
CIty of Seal Beach Planning Conlll1lSSIOll . Mmutes ofFebroary 5, 1997
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Mr. Steele told the Commission that If they revoke, and Mr. KhsanlO has to come back
through the process and get new permits, the new fee would apply --- $3,500 per space
With no credits. There IS no provision in the current fee structure for credits.
Chairman Brown said "So let me get this straIght. If 1 don't pay my utIlIty tax they cut
off my utility service and my phone".
Mr. Whittenberg said "1 have no idea what happens if you don't pay that fee. 1 can't
answer that question" .
Chairman Brown said "If 1 don't put money in the parkmg meter, a DIckel in the
parking meter, If they do have them on MalO Street then the traffic officer IS gomg to
come along and wnte me a $25 or $35 parking ticket. I'd be heavIly penalized".
Commissioner Sharp Joked "You'd Just Ignore that Dr. Brown - that don't make any
difference untIl you get arrested for something else".
Commissioner Hood SaId "But If you owe $7,300 nobody IS gomg to care".
Chairman Brown SaId "But, If 1 want to steal $36,000 from the City, that 1 can do for
three years before having to give it back with no mterest. That's kmd of the pomt".
.
Mr. Whittenberg Said "1 thmk we hear the pomt loud and clear. And 1 thmk as we've
indicated, if you have development agreements come forward 10 the future there wIll
probably be some different provisions regardmg untimely payment of required fees.
And the other thmg 1 will indicate to you is that 10 the future 1 will take the personal
responsibility to make sure that there's a coordination between all the different
departments in the City to make sure that we don't have a situatIon lIke thiS occur
again" .
Commissioner Sharp asked If a MotIon was needed to carry this over untIl the first
meeting in March or what?
Mr. Steele lOdlcated the Chair already has contInued the PublIc Hearing on thiS matter
to March 5th. He will note that the amount which is due has been made very clear to
Mr. Klisanin from the City Attorney's Office and we wIll all coordinate with the
Finance Department and make sure that they are clear on thiS matter also. A MotIon IS
not needed.
Mr. Whittenberg said the date of that meeting wIll be March 5th.
Staff Concerns
Mr. Whittenberg SaId there were no staff concerns.
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12
City of Seal Beach Planning COnllnlSSIOD - Minutes of February S. 1997
Commission Concerns
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Rossmoor Wall
Commissioner Sharp indicated the Rossmoor wall is leaning toward Leisure World's
sidewalk. Mr. Whittenberg said the City no longer owns the area where that wall is
located. There has been a transfer of ownership both from the City of Seal Beach and
the City of Los Alamitos. There still needs to be transfers from the Bixby Company
and one other party. The wall has been mspected by several different clvd engineers.
It IS their collecnve opinion that the wall Will not collapse. Rossmoor Will be fundmg
repairs to that wall.
March 19 Meetine
Commissioner Hood indicated he will be in Italy on March 191h and Will therefore not
be able to attend that Commission meeting. Mr. Whittenberg said he could not
guarantee the Commission's calendar would be clear for March 191h but staff would try
not to schedule anythmg unless absolutely necessary.
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Sand Replenishment
Chairman Brown said people had nonfied him the new beach sand was of a poor
quality, being lIke mud in certaIn areas. Mr. Whittenberg Said that in diSCUSSions With
the City's Public Works Department he learned there were a couple of mcoming loads
of sand that had a fair amount of clay mixed m with the sand. Those loads were not
accepted. It was stockpded on the beach parking lot for future pICkup. An inspector
reviews the sand as It is dumped from the trucks and bad loads are not accepted. The
sand is commg out of the Santa Ana River channel. Because of the recent rains, some
of that sand is damp. As It dnes out the texture may change. Overall, the quahty of
the sand has been very good.
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City Manaeer Invited to Explain
Chairman Brown said the Planning Commission has dealt with enforcement problems
in the past, it's not Just this one issue. He Said "Do we have any power to ask/to inVite
the City Manager to come here to explain to us --- thiS didn't happen on hiS watch but
It'S obviously a problem. Or IS that somethmg we could recommend to the City
Councd? Something that we would want to do." Mr. Whittenberg asked If the
Planmng Commission wanted to have a study session to talk about Code enforcement
Issues? Chairman Brown Said "I don't know that 1 want to deal with it, 1 Just want to
make sure that It'S done. But, It doesn't do me any pleasure to Sit up here and again to
make decisions and not have them carried out. And somethmg - department Wide,
City office-wide --- where there's a recognition of thiS problem. It's obViously a
systemic problem. 1 don't thmk it's fair for you to say that you're gomg to oversee the
other departments".
Mr. Whittenberg SaId "Well, in some ways, the permit Issuance Issues come out of our
office and those issues should have been caught m our office before permits were
issued. So in this partIcular type of an apphcanon, yes, we need to coordmate With
those other departments --- whether It's Finance or the City Clerk's Office. But the
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CIty of Seal Beach Planmng CommISSIon - Mmutes of Febnuu)' S. 1997
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ultimate responsibility m Issuing the butlding permit to reconfigure the butlding and to
approve the busmess licenses to allow those busmesses to go in is our department's
responslblhty. So, m that case we did not do the Job we should have done. So that's
why I said what I said. And unfortunately it happened and we'll try not to let It happen
next time around.
The issue of Code enforcement - if you want to make a recommendatlon to the Council
to consider that Issue as a part of their budget process next year, as a Commission you
could forward that recommendation to them. Staff will draft something for
consideration at a future meeting. The Department heads will start putting the next
year's budget together at the end of February. Counctl review will start m May.
Chairman Brown said he was not refemng specifically to City bUlldmg codes. He
meant overall enforcement of sIgns, banners etc. He said he would hke staff to draft
that memo.
Adiournment
The Chair adjourned the meeting at 8:25 p.m.
Respectfully Submitted:
.
~a-~o----
Joan Fillmann, Executlve Secretary
Department of Development Services
........
APPROVAL: The Mmutes were approved on February l C\ 71997. -*
.
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