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HomeMy WebLinkAboutCC Min 1993-06-14 6-14-93 Seal Beach, California June 14, 1993 The City Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CJlT.T. Present: I Mayor Forsythe Counci1members Brown, Doane, Hastings , Absent: Counci1member LaBz10 Also present: Mr. Bankston, City Manager Mr. Barrow, City Attorney Mrs. Yeo, City Clerk Doane moved, second by Brown, to excuse the absence of Councilman Laszlo from this meeting. AYES: NOES: ABSENT : Brown, Doane, Forsythe, Hastings None Laszlo Motion carried CLOSED SESSION The City Manager announced that the Council would meet in Closed Session pursuant to Government Code Section 54956.9(a) and (b) to discuss a matter of pending litigation, Stark versus city of Seal Beach, and personnel matters. The Council adjourned to Closed Session at 6:02 p.m. The Council reconvened at 6:53 p.m. with I Mayor Forsythe calling the meeting to order. The City Attorney reported the Council had discussed the items previously announced, also a matter whereby in the opinion of the City Council, based upon the advice of the city Attorney, determined there is significant exposure to litigation, no action was taken. ADJOURNMENT Brown moved, second by Doane, to adjourn the meeting at 6:55 p.m. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried Clerk and ex-o of Seal Beach Approved: -d,,.../ nZ.~_~"" Mayo Attest: I I I '1 ., "I .-, 6-14-93 Seal Beach, California June 14, 1993 The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Forsythe Councilmembers Brown, Doane, Hastings Absent: Councilmember Laszlo Hastings moved, second by Brown, to excuse the absence of Councilman Laszlo from this meeting. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried Also present: Mr. Bankston, city Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, City Clerk WAIVER OF FULL READING Hastings moved, second by Brown, to waive the reading in full of all ordinances and resolutions and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried ORAL COMMUNICATIONS There were no Oral Communications. CONSENT CALENDAR - ITEMS "A" thru "U" Staff requested that Items "S and T" be removed from the Consent Calendar. Brown moved, second by Hastings, to approve the recommended action for items on the Consent Calendar, except Items "S and T", as presented. A. Approved regular demands numbered 1433 through 1438 in the amount of $163,220.13, regular demands numbered 2239 through 2416 in the amount of $204,746.27, and payroll demands numbered 1731 through 2080 in the amount of $604,144.62 as approved by the Finance Committee, and autnorized warrants to be drawn on the Treasury for same. Approved the minutes of the regular meeting of May 24, 1993. C. Denied the claim for automobile damages of Dorothy L. Wilbur. B. D. Denied the claim for automobile damages of Richard Lackey. E. Denied the claim of the Automobile Club of Southern California for recovery of damages 6-14-93 of their insured, Ms. Bolynda Schultz, and referred same to the City's liability attorney and adjuster. Accepted the resignation of Mr. Harold A. Robertson as the District Five representative to the Seal Beach Cable Communications Foundation, and declared the position vacant for the unexpired term ending July, 1994. G. Approved extension of the term of the Solid Waste Management Professional Services Agreement between the cities of Cypress, La Palma, Los Alamitos and Seal Beach for a period of one year expiring June 3D, 1994. F. I H. Received and filed the Monthly Investment Report as of April 3D, 1993. I. Approved renewal of the Agreement with the County of Orange for Animal Control and Shelter Services for the period July 1, 1993 through June 3D, 1994. Instructed the City Manager to sign the Mobile Source Reduction Commitment letter (South Coast Air Quality Management District) on behalf of the City of Seal Beach in compliance with the June 3D, 1993 deadline established by the California Air Resources Board, and instructed staff to forward same to the Planning Commission and Environmental Quality Control Board for information purposes. J. I K. Adopted Resolution Number 4227 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, APPROVING THE CITY's PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WITH THE COUNTY OF ORANGE" (Fiscal Years 1994, 1995 and 1996), and authorized the City Manager to execute the Agreement on behalf of the City. By unanimous consent, full reading of Resolution Number 4227 was waived. L. Authorized the award of bid to Nixon-Egli Equipment Company to purchase, through a lease purchase, a Mobil Model TE5DB, Series M-8A Street Sweeper for an annual lease payment of $24,756. M. Introduced and approved first reading of Ordinance Number 1370 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, REGARDING HARBORS AND HARBOR SANITATION AND AMENDING THE CODE OF THE CITY OF SEAL BEACH" (re Anaheim Bay). By unanimous consent, full reading of Ordinance Number 1370 was waived. I N. Adopted Resolution Number 4228 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY TO APPLY FOR CERTIFICATION TO REGULATE CABLE TV RATES TO THE MAXIMUM EXTENT PERMITTED BY LAW." By unanimous consent, full reading of Resolution Number 4228 was waived. I I I 6-14-93 O. Received and filed the memorandum setting forth the approved Housing/Community Development Block Grant projects for 1993/ 1994. P. Adopted Resolution Number 4229 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING TREASURER TO INVEST MONIES WITH THE COUNTY OF ORANGE's TREASURER." By unanimous consent, full reading of Resolution Number 4229 was waived. Q. Adopted Resolution Number 4230 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE YEAR 1992/93." By unanimous consent, full reading of Resolution Number 4230 was waived. R. Adopted Resolution Number 4231 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER's "REPORT" FOR A STREET LIGHTING ASSESSMENT DISTRICT." By unanimous consent, full reading of Resolution Number 4231 was waived. U. Adopted Ordinance Number 1368 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 13D, ADDING A NEW SECTION 13D-11 TO THE CODE OF THE CITY OF SEAL BEACH REGARDING THE SOUNDING OF MOTOR VEHICLE BURGLAR ALARMS AND RENUMBERING EXISTING SECTIONS 13D-11 THROUGH 13D-15 TO NEW SECTION 13D-12 TO 13D-16, RESPECTIVELY, AND MAKING TECHNICAL AND CLERICAL AMENDMENTS TO NEW SECTIONS 13D-15 AND 13D-16." By unanimous consent, full reading of Ordinance Number 1368 was waived. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEMS "S" and "T" - STREET LIGHTING ASSESSMENT DISTRICT Staff requested that Items "S" and "T", Resolutions Numbered 4232 and 4233, relating to the Street Lighting Assessment District, be held over until the next meeting. Brown moved, second by Hastings, to hold over said items as requested. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried PUBLIC HEARING - APPEAL - CONDITIONAL USE PERMIT 92-23 I VARIANCE 92-3 - 209 MAIN STREET - BJ's CHICAGO PIZZERIA Mayor Forsythe declared the public hearing open to consider an appeal of the Planning Commission denial of applications for Conditional Use Permit 92-23, a request for an alcohol related land use permit for on-premise beer and wine sales and to permit a seismic retrofit, and Variance 92-3, a variance from commercial 6-14-93 parking, loading zone and landscaping requirements in conjunction with the proposed establishment of a restaur~nt at 209 Main street, Seal Beach (BJ's Chicago Pizzeria). The City Clerk certified that notice of the public hearing had been advertised and mailed as required by law, the public hearing having been opened at the May 24th meeting, continued to this date, and reported receipt of written communications from Mr. Bruce West, 1- Huntington Beach, and Mr. Wally Bitters, Seal Beach, each supporting approval of the BJ's Pizzeria establishment. The Director of Development Services presented an extensive report relating to this item, and pointed out that the ultimate decision of the Planning Commission in denying the applications was primarily due to the belief that the city lacks a viable program to expand parking availability along Main Street and the immediate surrounding area. The Director explained that the nonconforming structure was last occupied in July, 1991, given the vacancy for more than ninety days, pursuant to current law the building therefore loses its nonconforming status to carry forward the previous use and grandfather the parking for the property. It was reported that the property provides three of the twenty-six required on-site parking spaces for the proposed restaurant use and second story office use, that due to the location of the structure on the property either three parking spaces or a loading area can be provided, but not both, and should the required landscaping be located at the rear of the property, as it can not be located in the front given the location of the structure on the property line, two parking spaces or the loading area would be lost. He noted that the subject building was constructed in 1925, is the only unreinforced masonry building remaining in the City and subject to seismic retrofit requirements, the cost of the retrofit being l- one determining factor in the closing of the prior business and sale of the building. It was explained that a restaurant use was subsequently proposed however determined to be unacceptable as it involved entertainment, the request under consideration also a restaurant use yet without entertainment, utilizes the first floor of the building, office use planned for the second floor at some point in the future, thus the variance request incorporates the parking requirement for both. The Director reviewed in detail, as set forth in the staff report, the issues of concern discussed by the Planning Commission, the historic status of the property; the seismic retrofit, interior remodel and facade renovation; sale of alcoholic beverages for on-premise consumption; and the variance from parking, landscaping and loading zone requirements. In addition it was explained that even though this property is not officially on a State, regional, or local list of historic properties, city Code requires an evaluation be made of a structure any time a Historic CUP is requested to determine if a premises qualifies for same, also the Historic CUP process allows for modifications from current Code requirements to accommodate the rehabilitation of older structures, to that the Assistant city Attorney has recommended that should a Historic CUP be considered that it be granted only for deviations from the various Codes, reported however in this case the applicant has indicated their belief that all current Code requirements can be met. With regard to the retrofit, that 1 work has not as yet been done as the building has been unoccupied - since the January, 1992 deadline for such work, however the retrofit will be required prior to permitting any occupancy of the structure, the design of the retrofit dependant upon the use of the structure, the cost of which is estimated to be $40,000. An exterior dining area is proposed to be located approximately eighteen feet from the existing front of the structure, some concern had been expressed during the Commission hearing as to the impact of the patio area on the historic viability of the building front. With regard to the sale of alcoholic beverages it was pointed out that the request is for the transfer of the I I I ~.c . ,I J . 6-14-93 license from the Green Pepper, that license rema1n1ng active even though that has not been a recent use on the premises, yet local Code requires a Conditional Use Permit for such transfer. It was again pointed out that the total required parking spaces is twenty-six, three spaces exist, two are required for the office use, therefore the parking space deficiency is twenty-one, the required landscaping and/or loading zone would eliminate either two or three of the existing spaces, the applicant was required to submit a parking utilization survey taken on various days and hours for the entire of Main street, the survey has been reviewed and is consistent with parking data collected by the City thus far in its expanded study. As a result of a recent study session dealing with the parking issue, direction has now been given for staff to proceed with reconfiquration of the 8th and 10th street beach parking lots as to a revised payment method, graduated fee schedule on a exit pay basis; the opening of the 8th/Central lot for other than permit parking after 5:00 p.m.; placement of parking meters in the publicly owned lots on Main street and at Main/Electric; added signage directing to public parking in the beach lots and alleys, all of which is meant to encourage the use of those areas for short term parking. Also as requested, a report relating to the in-lieu parking program provided to the Council for consideration at this meeting. The Director concluded the staff report with a review of standards for Conditional Use Permits and Variances, and the options available for Council consideration regarding this appeal. Mayor Forsythe invited the applicant to present a statement, and members of the audience wishing to express their views on this item were subsequently invited to come to the microphone and state their name and address for the record. Mr. Paul Motenko, an owner of BJ's Pizzeria restaurants, informed the Council of their fourteen years in business, now operating six full service, family atmosphere eating establishments. Mr. Motenko described their establishments as being good neighbors, participants and supporters of community activities and fund raising efforts. In Seal Beach he said it is their intent to retrofit and improve the now boarded up building at 209 Main Street that functioned as a restaurant for forty years, employ approximately thirty local persons to work in the restaurants, and provide an enjoyable atmosphere for Seal Beach residents and their families at a reasonable price. He noted that none of their establishments are bars, alcohol is an accommodation to their customers and amounts to less than ten percent of sales, reported also their flawless record with Alcoholic Beverage Control and law enforcement. He projected a positive impact as a result of the recent Council direction to implement certain parking improvement measures, and mentioned their familiarity with conducting business in the immediate vicinity of residential properties. Mr. Motenko spoke for a long lasting relationship in the Seal Beach community. Ms. Terri Bennett, 216 - 6th Street, expressed support for approval of BJ's Pizzeria, a family type of restaurant, a safe place for children. Mr. Bruce Walter, 226 - 8th Street, said as a neighbor he never experienced discomfort as a result of the former Green Pepper, suggested the community would be enhanced by ridding Main Street of a boarded store front and the employment of local people, and requested that the appeal of BJ's be sustained. Mr. Bill Orton, 85 Riversea Road, indicated support for the proposed restaurant, stated BJ's should not be held hostage because of a failed in-lieu program, and although Council has taken bold actions thus far to provide some parking relief they are only temporary and tougher choices will need to be made to resolve the issue long term. Mr. John Wing, 755 Carmel Avenue, expressed pleasure with the anticipated location of BJ's in Seal Beach which he described as a well run restaurant, alcohol consumption is not a problem, the revenue derived therefrom will aid law enforcement, enhance business and the community as a whole, and 6-14-93 be good for Seal Beach residents. Mr. Hank Lucero, 750 Coastline Drive, owner of the prior Green Pepper, thanked the public for more than twenty years of support of his restaurant, expressed sadness to see the building boarded as it is now, and recommended that the proposed eatery be allowed to locate at 209 Main Street. Mr. Jim st. Omeroy, 641 Island View Drive, said on his trips to the downtown area and the beach he has not found there to be a I parking problem, he does not park on the residential streets, and parking is available behind the Main street businesses. He charged that complaints about parking are from a few people who want nothing to change, questioned if their residences are under parked or their garages are used for something other than parking, likewise their efforts to keep any business that serves alcohol from locating on Main Street under the pretext that there is no parking and over-concentration. Mr. st. Omeroy spoke highly of the BJ's establishments, a compliment to Seal Beach that they desire to locate here, and suggested that if there is a problem with parking a solution should be found rather than penalizing businesses. Mr. Bruce Rosen, 4609 Elder Avenue, agreed with prior comments, mentioned frequenting BJ's in other communities, said they provide good food and good service, the owners are proud of the success of their restaurants, are good neighbors, and expressed the importance of accepting them into this community. Ms. Sandy Wing, 755 Carmel Avenue, spoke highly of the support of charitable efforts by the BJ establishments, and for allowing them to locate in Seal Beach. Ms. Paula Shears, 299 Electric Avenue, expressed pleasure with BJ's assuming the Green Pepper location, stated Main Street is what makes this a vital and active town, that she and her family do not object to the parking or see any problems, said restaurants are not a success without the service of beer and wine, BJ's should be welcomed, and she felt her opinion was representative of the I majority of the people. Mr. Ed Simmons, 218 - 17th Street, referred to other beach cities that are profiting from building - in their communities, suggested that business and beach cities need to work together, and in this case there is a business that is requesting to locate in Seal Beach and help the City. He expressed his belief that parking problems will never change, also inquired if BJ's would be considered to be economically beneficial for Seal Beach. Sol John, 12th Street, said BJ's would be good for the community and Main Street. Mr. John Baker, resident and Main Street business owner, said he did not see how any business that offers what BJ's has could be turned down, many other cities would welcome them, and they will do nothing but improve the community. Mr. Baker expressed his opinion that it should be the city rather than business that resolves the parking issue, and it now appears the right direction is being taken. Mr. Francis Garrett, 230 Coastline Drive, indicated her pleasure with residing in Seal Beach, mentioned frequenting Main Street often and said if BJ's is allowed, as they should be, her family will frequent their restaurant as well. She said parking should not be a deterrent and expressed support for the patio dining area. Mr. Steve Kair, Seal Beach Cycles, Main Street, mentioned the support of the community of his business, expressed his belief that denial of BJ's would be wrong, said the issue over parking is not right, and that the alternatives to BJ's are few. I Mr. Ray Longoria, 1495 Seal Way, spoke highly of the atmosphere, food and service he experienced at the Belmont Shore BJ's, said to leave the location boarded does not make sense, and the application of BJ's should be approved. Mr. Ron Sessler, Seaside Grill, urged the Council to allow the location of BJ's in Seal Beach, also asked that their hours not be restricted as they have for other establishments. Ms. Gail Roth, 219 Main Street, spoke in favor of BJ's locating in Seal Beach, their customers beneficial to her business as well. Mr. Greg Herbert, general partner of 209 Main street, said as owners of the property they would only request equitable consideration for this project, no I I I .. . , . 6-14-93 special privileges and no special conditions that have not been imposed on other such businesses. Mr. Herbert recalled that some twenty-five months ago they were selected from several offers on the property by Mr. Lucero as he was intent that an appropriate operator be selected for this location, the Renaissance Cafe was rejected by the Planning Commission and located in another city, subsequently there were fourteen offers for the location, and stated that BJ's is by far the best operator and requested that they be approved. He indicated that this location demands a restaurant operation, no other use would be feasible, and mentioned their monetary and investment decline over this more than two year period. Mr. Herbert requested that the pre- existing forty year use be allowed, noted the density of the building will be reduced by lowering the table count, the facade will be restored, the building will be upgraded for safety purposes, and a transfer of the beer and wine license is requested. Mr. Jim Xlisanin, 122 - 7th street, described the condition of 209 Main street as an eyesore, spoke for approval of BJ's Pizzeria, who will invest $300,000 in the location. Ms. Joan Wofelt, 16th street, said she was very much in favor of BJ's, as did Mr. Dan Pepper, 312 Regatta Way, and Mr. Tom Charara, Main street Deli. Ms. Renee Lions, Main street business owner, expressed pride in seeing the number of people present with positive viewpoints, agreed with the comments of prior speakers, and urged that the Council do what should be done, approve BJ's Pizzeria. Mr. Dick Ramseyer, 4223 Ironwood Avenue, president of the Chamber of Commerce, stated that the City needs this business, the employment, and revenues generated therefrom. He requested approval of BJ's. Ms. Vicki RiChards, Main street businessperson opposite 209 Main, said she could see nothing negative with the proposed business, the building would be refurbished and revenue will be forthcoming from the restaurant. Ms. Tamara Rizze, Gift Horse, 207-1/2 Main street, said Seal Beach is built on businesses that are institutions, BJ's would be an asset to the community and other businesses. Shari Nemirow, 3690 Daisy Avenue, expressed her support for BJ's, said she felt the issue of parking can be worked out in some manner, also her belief that the residents of College Park East will frequent this restaurant and the Main street area. Ms. Sandra Bakerston, 210 - 3rd street, Gift Horse employee, indicated support for the proposed restaurant, as did Ms. Dorothy Whyte, College Park East, who also said she felt any perceived problems can be resolved. Mr. Roger West, 1201-A Electric Avenue, mentioned his awareness of the Sunset Magazine article citing Seal Beach as the last lovely beach town in California, stated that is because the people have fought to keep it that way over the years and will continue to do so. He claimed that if BJ's is allowed the city will be granting that business up to $1 million for parking spaces, which he said constitutes charity while others provide their parking. He read a prepared statement from his wife, Ms. Geraldine West, for the record. The statement, in part, declared that the negative declaration was inadequate, error filled and illegal; that an EIR for further intensification of use of property on Main Street should have been prepared years ago, as the city has been notified and as required by CEQA; the Conditional Use Permit violates the Alcohol Beverage Control Act, the California Code of Regulations, the State Constitution, the California Business and Professions COde, and the California Government Code; grant of the variance would be in violation of the Seal Beach Municipal Code; and objected to underwriting the applicant's business, estimating that the land and improvements for twenty-one parking spaces would cost conservatively between $400,000 to $500,000. Ms. Gail Ayres, 707 Central Avenue, spoke in opposition to the proposed restaurant, cited too many liquor licenses and related problems on Main street. She requested that a moratorium on the issuance of alcoholic beverage licenses be imposed. 6-14-93 Mr. Jerry Hennessey, partner of BJ's Pizzeria, expressed appreciation for the positive comments relating to their company, stated it is their policy to run successful operations and listen to their employees as they are the persons that deal directly with the customers. There being no further comments, Mayor Forsythe declared the public hearing closed. It was the order of the Chair, with consent of the Council, to declare a recess at 8:26 p.m. The Council reconvened at 8:40 p.m. with Mayor Forsythe calling the meeting to order. Members of the Council expressed their opinions and indicated support for the proposed BJ's restaurant; noted the issue of parking is being addressed via various means for improvement; and allowing BJ's is not felt to be an intensification of use given the reduced dining area and the prior restaurant use. with regard to the communication from Ms. West and her reference to various Code provisions, the City Attorney advised that most of the issues mentioned have been reviewed and studied previously, however offered to do so again with a report back prior to consideration of the resolution reflecting the Council action relating to this appeal. Brown moved, second by Doane, to sustain the appeal of BJ's Chicago Pizzeria, reversing the recommendation of the Planning Commission, approving the requested applications subject to the appropriate terms and conditions and execution of a development agreement, and that there be further review of the communication submitted by Ms. West. AYES: NOES: ABSENT: Brown, Doane, Forsythe, Hastings None Laszlo Motion carried Councilman Doane was excused from the meeting at 8:48 p.m. MAIN STREET PARKING - IN-LIEU PROGRAM ACTIONS The Director of Development Services reviewed prior discussions and actions of the Council relating to the downtown parking issue. He presented a report relating to an in-lieu parking program for the Main Street area and how it is perceived such program might be most effectively implemented in a reasonable manner that would allow activity within the area. The Director summarized requirements of the California Government Code CAB 1600) to establish such program, identification of the purpose of the program, identification of the use of the funds, establishment of a reasonable relationship between projects and the program, and administration of an in-lieu parking program. He presented a general overview of what has taken place under an interim in-lieu parking program, the result of an effort to implement recommendations of the Downtown Parking and Urban Design Task Force in 1984, noted those properties that are currently participating in the interim or parking mitigation program involve one hundred ninety-six spaces at a cost of $100 per space per year. Based upon recent discussions, past studies and recommendations, the Director explained that staff has attempted to identify programs that are felt could most appropriately be dealt with as part of an AB 1600 analysis for provision of an in-lieu parking program such as a decked parking structure at the 8th/Central parking lot; acquisition of properties in the vicinity of Central/Main for additional parking; a tram vehicle to service the areas of Main Street, Ocean Avenue, Pacific Coast Highway, Seal Beach Boulevard; metering of Main Street as well as the city-owned parking lots adjacent to Main; and residential restricted parking on 8th and 10th Streets. Another issue that should be given attention in the AB1600 analysis would the impacts of parking for all businesses on the Street, a building nonconforming due to parking I I I . I I 6-14-93 as an example, and they are not required to obtain a CUP or Variance. The Director reported that upon calculating all of the parking provided by the businesses, the parking along Main street, and the three lots adjacent to Main street, there is a deficiency of four hundred seventy-four spaces based upon the zoning requirements for the current uses, one hundred ninety-six of those spaces have been granted by the City for restaurant and various changes of use requiring a CUP and are part of the interim in-lieu program, therefore there is a deficiency of about two hundred seventy-five spaces for current uses that are not required to come to the city for approval. He pointed out that the theater is deficient to the greatest degree where about eighty to eighty-five spaces would be required under current Code and there are none. The Director recommended that the issue of parking on Main street be looked at as one would a shopping center, encompassing Ocean Avenue to Pacific Coast Highway, take all of the parking that is available and determine how to resolve the deficiency based on the demand for all of the businesses located in that center. He stated that the mechanism being proposed is to define future goals for the area, land use intensities, building standards, parking requirements, etc. through the Specific Plan process. He recommended that the staff be directed to proceed with the process for consultant selection to develop a Specific Plan, also proceed with consultant selection to prepare the AB1600 analysis, the goal being to define the current situation on the Street, current deficiencies, future anticipated maximum buildout, what the deficiencies would be at that point, the difference then between current and future deficiencies would be the portion that could be covered under the AB1600 program where existing deficiencies would be dealt with through assessment districts, parking meter funds, or other funding mechanisms. The Director reviewed the estimated costs and time to prepare a specific plan and the AB1600 analysis, as set forth in the staff report. The City Manager indicated that funds have been designated for a specific plan and AB1600 analysis in the 1993/94 budget. He noted that such actions would place the City in a pro-active position as to what is desired for Main Street in the future, defined standards rather than project by project review situations, a good position also as it relates to the Air Quality Management District trip reduction requirements. As part of the Specific Plan process the Director indicated it is likely the preparation of an Environmental Impact Report would be recommended, and confirmed that the Plan could set forth maximum allowable square footages for certain types of uses. He explained that the exterior boundaries of a building are presently used as the method of calculating square footage for parking space requirements, however some cities use only the public areas for such calculations for certain uses. Ms. Gail Ayres, Central Avenue, noted her prior request for resident restricted parking on 8th and 10th Streets, and added a request that Ocean Avenue and the second block of Central Avenue westerly of Main street also be considered, possibly Electric Avenue as well. The City Attorney said a resolution designating the residential restricted parking may be desirable. The city Manager offered that it would be the recommendation of staff to initiate the residential tiered hour parking at the earliest possible time, the initial intent would be to retain one hour parking during the day with the residential permit, then limit parking to residents only between 4:00 or 5:00 p.m. until 10:00 or 11:00 p.m., provide for guest permits, all of which could be rescinded at a future time when a specific plan is considered. There was an indicated consensus of the Council to direct staff to commence preparation of the requests for proposals for Specific Plan and AB1600 analysis consultants subsequent to adoption of the budget, and that a resolution be prepared for consideration at next meeting setting forth the residential restricted parking areas and hours. 6-14-93 RESOLUTION NUMBER 4234 - TRANSPORTATION FACILITIES and PROGRAMS DEVELOPMENT FEE Resolution Number 4234 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING THE AMOUNT OF THE TRANSPORTATION FACILITIES AND PROGRAMS DEVELOPMENT FEE AND ESTABLISHING THE AMOUNT OF THE TRANSPORTATION FACILITIES AND PROGRAMS DEVELOPMENT APPLICATION FEE PURSUANT TO CHAPTER 22B OF THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 4234 was waived. The Director of Development Services presented the staff report, made reference to the Traffic Impact Fee Study authorized by Council in 1991 which recommended certain impact fees to meet the demand for future identified traffic impacts within the City, the fee schedule based upon different types and intensities of land uses, and noted that adoption of traffic impact fees is required to be submitted to the Orange County Transportation Authority by June 30th as part of the Measure M funding eligibility. He explained that the fees would take effect upon approval of the final program, thereafter any new development will be charged those fees as part of the building permit process, the funds to be set aside and utilized for specific projects relating to traffic impacts from those new development projects. He noted that the fees set forth under Section 4 of the Resolution are to cover the cost of whatever improvements would be deemed necessary, the fees set forth in Section 5 are for recovery of city administrative overhead costs for administering the program, consultant costs and establishing the accounting system, therefore the total fee would be the sum total of the two. Brown moved, second by Forsythe, to adopt Resolution Number 4234 as presented. AYES: NOES: ABSENT: Brown, Forsythe, Hastings None Doane, Laszlo Motion carried PROPOSED 1993/94 FISCAL YEAR BUDGET The City Manager announced that the budget document is anticipated to be completed and available to the Council within the week, the public hearing relating thereto has been scheduled for the June 28th meeting, and noted the State bUdget and aerospace reimbursement issue is still uncertain even though a recent news article reported the U. S. Supreme Court has upheld the California Supreme Court decision relating to the payback. The Manager reported some additional cuts have been made to the budget and given the cooperation of staff, it will be possible to present some new programs such as implementation of a police reserve program, initially with seven officers, the possible remodel and repair of restroom facilities under the pier, possibly accomplish the groin repair, and initiate a sand replenishment fund. I I- COUNCIL CONCERNS Councilmember Hastings read a communication from Mr. Richard Lyon, Seal Way Homeowners Association, in response to a recently pUblished letter of Dr. Gordon Labedz relating to the sand erosion of the east beach, citing the moral and legal obligation I'. of the City to protect properties and maintain the beach in accordance with an agreement with the Army Corps of Engineers for the maintenance and repair of said beach. The communication stated that the City must continue to pursue contact with the appropriate officials so that there will be an ability to participate in any sand replenishment program, also requested that the City Manager be instructed to outline a course of planned action, the progress of same to be reported to the Council monthly. Councilmember Hastings stated a number of things have been done in pursuit of sand replenishment to date, also noted she has scheduled a meeting with Capt. Hempe of the J I _I 6-14-93 Naval Weapons Station to discuss this issue prior to his reassignment to Washington, D. C. in July. The city Manager reported in late 1991 staff assembled past reports and studies relating to the beach erosion issue, prepared an executive summary of same which was forwarded to State and federal legislators, agencies, and the County Beaches and Parks Commission; a meeting was held with Congressman Rohrabacher and the Army Corps; Moffatt & Nichol was requested to provide updated technical information, alternatives, and cost estimates; contact has been made with the Navy and the Army Corps relative to the city's participation in the next replenishment at Surfside; and samples of a heavy grade sand from Los Angeles County, provided by a local resident, are being tested for compatibility in Seal Beach. Also the recently completed Army Corps beach technical analysis from San Diego to the Los Angeles County boundary has just been received, is being reviewed with those sections most applicable to Seal Beach identified, copies of which will be provided to the Council. He noted that the analysis classifies Seal Beach as a category two, that being an area more critical in nature. The Manager mentioned that as new information becomes available it is forwarded to the legislators and various agencies in order to keep this problem in the forefront, it is hoped the city will be able to commence setting aside some monies for replenishment, and the State as well should have an interest in maintenance of their beach. Councilmember Hastings advised of her intent to discuss the possibility of utilizing the Long Beach dredge to pump sand to Seal Beach at such time as any dredging is done in the Peninsula area. with regard to the federal government mandate of the storm water drainage permit program, to which the city is required to contribute, the Manager explained that argument is being made that there should be a surcharge on the fees paid by the up-stream communities, and where certain County projects are actually impacting the flow of sand to the beaches, in order to establish a fund for sand replenishment. Councilman Brown mentioned that a recent news article reported an exemption from the utility users tax for persons sixty-five years and older, to which he clarified that there must also be an adjusted gross income of no greater than $13,200 to qualify for the exemption. He also reported the refurbished restrooms at the North Seal Beach Center will reopen in about a week. Mayor Forsythe announced that the proceeds from the recent Junior Womens Club lasagna dinner will benefit improvements to Marina Park, the Junior's having just completed the Tot Lot project, and commended the many volunteers who assisted with the Seal Beach Kids Baseball Ice Cream Social. ORAL COMMUNICATIONS Mayor Forsythe declared Oral Communications open. Mr. Mario Voce, Catalina Avenue, announced the holding of a dance performance entitled "Save The Planet" on June 19th at the Herbert Hoover Auditorium, Lakewood, a portion of the proceeds to benefit the Gum Grove Park Restoration Fund. Mr. Bill Orten, Riversea Road, complimented city staff upon their proposal for a comprehensive study relating to parking in the Main Street/downtown area. Mr. Orten urged support for the alternative budget proposal of Assemblyman Vasconcellos. Mr. James Cook, 330 - 8th Street, expressed his complaint relating the operation of the Jack-In-The-Box restaurant located at 8th Street/Pacific Coast Highway until 2:00 a.m. and disturbances resulting from late night customers, automobiles and the speaker boxes continuing after that hour, and he now understands that this operation will be requesting to remain open twenty-four hours a day. He reported having filed a complaint against the restaurant this date. Mr. Cook questioned why the operation, the speakers in particular, is not subject to the conditional use permit process whereby specific closure hours, security, etc. could be required and allow for periodic review to assure 6-14-93 / 6-28-93 compliance with the conditions of approval and impact on neighboring properties. He also questioned requirements of the Code for walk up/take out and drive through restaurants, the conditions of approval of the original license, and suggested earlier closure and/or a vehicle barrier to disallow access to the speakers and drive through lane after a certain hour, I' possibly 11:00 p.m., with security. Council indicated their interest in looking into this complaint further. Sol John, 12th Street, agreed with the Jack-In-The-Box complaint as it related to late night customers, suggested that pOlice officers patrol by means of bicycles, and indicated support for regulation of car alarms. There being no further comments, Mayor Forsythe declared Oral Communications closed. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until Monday, June 28th, 1993 at 6:00 p.m. to meet in Closed Session. The meeting was adjourned by unanimous consent of those present at 10:26 p.m. lerk and ex-o of Seal Beach of the . Approved: A~u. /rit"iS-11' Mayo I Attest: Seal Beach, California June 28, 1993 The regular adjourned session of June 28, 1993 at 6:00 p.m. was. cancelled as there were no Closed Session matters for discussion. 1993. .1 Seal Beach, California June 28, 1993 The City Council of the city of Seal Beach met in regular session at 7:05 p.m. with Mayor Forsythe calling the meeting to order with the Salute to the Flag.