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HomeMy WebLinkAboutCC Min 1987-04-13 4-6-B7 / 4-13-B7 Approved: . I Attest: Seal Beach, California April 13, 1987 The City Council of the City of Seal Beach met in regular session at 7:15 p.m. with Mayor Clift calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Clift Councilmembers Grgas, Hunt, Risner, Wilson Absent: None II Also present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Mr. Knight, Director of Development Services Mr. Osteen, Recreation Director Mrs. Yeo, City Clerk WAIVER OF FULL READING Grgas moved, second by Wilson, 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: Clift, Grgas, Hunt, Risner, Wilson None Motion carried AGENDA AMENDED Risner moved, second by Wilson, to amend the agenda to consider Item "D", Resolution Number 3682, out of order at this time. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I RESOLUTION NUMBER 3682 - HONORING FRANK CURTIS Resolution Number 3682 was presented to Council and read in full by Councilmember Risner entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, HONORING FRANK CURTIS." Clift moved, second by Wilson, to adopt Resolution Number 3682 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried 4-U-B7 A copy of the Resolution was presented to Mr. Curtis, Seal Beach resident since 1912, and members of his family, present in the audience, were introduced. I By unanimous consent, the meeting was adjourned at 7:20 p.m. until the conclusion of the Redevelopment Agency meeting. The Council reconvened at 7:33 p.m. with Mayor Clift calling the meeting to order. PROCLAMATIONS Mayor Clift proclaimed April 26th through May 2nd, 1987 as "Victim's Rights Week". May 1st, 1987 was proclaimed -Law Day U.S.A." by Mayor Clift and the proclamation was accepted by Ms. Deborah Smith on behalf of the Orange County Bar Association. Mayor Clift proclaimed the month of April, 1987 as nCable Television Month", and the proclamation was presented to Mr. John Monsen, Comcast Cablevision. RESOLUTION NUMBER 3683 - 200th ANNIVERSARY - UNITED STATES CONSTITUTION Resolution Number 3683 was presented to Council and read in part by Mayor Clift entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CELEBRATING THE 200th ANNIVERSARY OF THE UNITED STATES CONSTITUTION." Risner moved, second by Wilson, to adopt Resolution Number 3683 as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I I CONSENT CALENDAR - ITEMS -F" THROUGH -0" Councilmember Risner requested Items "J" and "L" removed from the Consent Calendar, and Councilmember Wilson requested Items "N" and .0" removed. Risner moved, second by Wilson, to approve the recommended action for items on the Consent Calendar, except Items "J, L, Nand 0," as presented. F. Approved the minutes of the regular City Council meeting of March 23, 1987. G. Approved regular demands numbered 64233 through 64589 in the amount of $875,489.61, payroll demands numbered 24818 through 24971 in the amount of $155,666.88, and payroll demands numbered 24972 through 25124 in the amount of $156,943.00 as approved by the Finance Committee and authorized warrants to be drawn on the Treasury for same. H. Approved renewal of the Workers' Compensation Administration agreement with Bierly and Associates for the period July 1, 1987 through June 30, 1988, and authorized the City Manager to execute the agreement on behalf of the City. I. Received and filed the report from the Recreation and Parks Commission regarding a change of Commission regular meetings from the second Wednesday of each month to the fourth Wednesday of each month. 4-l3-B7 K. Authorized the purchase of one Cushman parking control vehicle for the Police Department from Toro Pacific Distributing in the amount of $7875.80, and waived the formal bid process due to the availability for immediate delivery of the vehicle, proximity of the dealership for service, and quoted price of the equipment. M. Declared certain communications equipment in the possession of the Police Department as surplus and authorized the transfer of same to the Westminster Fire Department, Arson Investigation Unit. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" - REPORT - PALM TREE REPLACEMENT For the information of the audience, Councilmember Risner reviewed the Public Works Department report regarding the condition of the Queen Palm trees recently planted on Bolsa and Balboa Avenues, noting the City's efforts to reduce the shock that the trees have experienced as a result of replanting, also that the contractor has guaranteed the trees for ninety days and with the exception of one, it is not anticipated that any of the trees will be lost. Risner moved, second by Wilson, to receive and file the report from the Public Works Department. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried ITEM "L" - PIER RESTAURANT LEASE Consideration of a proposed lease for the Pier Restaurant was postponed pending the arrival of Mr. Hal Griffith, H.E.G. Enterprises. ITEM "N" - 1987/88 WEST ORANGE COUNTY WATER BOARD BUDGET Councilmember Wilson noted that the proposed 1987-88 Water Board budget is somewhat less than the previous fiscal year as a result of the settlement of a matter of litigation. Councilman Hunt inquired as to the function of the West Orange County Water Board, its benefit to the City, and whether it would be possible for the City to withdraw from that agency. Members of the Council explained that the Water Board provides and monitors water distribution to the cities of West Orange County as well as maintenance of the system. It was suggested that the district be requested to provide information regarding their function to Councilman Hunt, also that participation in this agency could be discussed further during budget considerations. Wilson moved, second by Risner, to ratify the proposed 1987-88 West Orange County Water Board budget as presented. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried ITEM "0" - REPORT - PARKING PERMITS - EDISON PARK The Recreation Director reported that a communication from the City Attorney has confirmed that a "parking by permit only" system for Edison Park is feasible under Section 13-95 of the Municipal Code, subject to its adoption by City Council Resolution. Mr. Osteen stated the Recreation and Parks Commission recommended Council consideration of implementing this program through the use of existing parking stiCkers, only of a different color, to be issued by I I I 4-13-87 I the Police Department to residents at a nominal fee, to seniors with garden plots at no cost, and to non-residents at a higher rate. Mr. Greg Weiler, 233 Stanford Lane, addressed the Council as a resident of College Park West, and expressed his displeasure with the continuing problems affecting the College Park West area resulting from the use of Edison Park parking areas by persons fishing in the San Gabriel River Channel, as well as abuse and offensive use of the Park which deters use of that facility by the nearby residents. Mr. Weiler cited enforcement of existing laws as a major problem, suggesting that the parking sticker program proposed may be a feasible method for the Police Department to issue warnings or citations to those persons using the Park's parking spaces without a sticker. Mr. Weiler concurred that the cost of the sticker for residents should be nominal, clarifying the intent that the sticker be available to all Seal Beach residents, also that a much greater fee be charged of non-residents. Mr. Osteen explained that pursuant to the Commission's discussion and the feeling of staff, it would be recommended that the fee for residents be commensurate with the cost incurred by the City for the sticker. Councilmember Wilson moved to implement the "parking by permit only" program at Edison Park. The City Attorney advised that a Resolution would be prepared for Council consideration. Councilmember Risner asked that the motion be amended to direct staff to insure that there is adequate enforcement of the program. Councilman Grgas voiced his concern with establishing a second parking permit program since the current stickers are available for purchase by any Seal Beach resident, not just those persons residing in the downtown area, as well as the cost and inconvenience of requiring a second sticker to park at Edison Park. He suggested that it may be worthwhile to consider offering parking permits only to Seal Beach residents for use throughout the City, if that would not be constitutionally prohibited. Noting the numerous alternatives discussed by the Commission to resolve the problems at Edison Park and the immediate vicinity, Mr. Hunt reported that the different colored sticker appeared to be the most effective method, causing the least problem. Councilman Hunt stated that although he was sympathetic to the concerns of the College Park West residents, he could not support the motion. He cited the existing parking permit program as addressing a real parking problem, however stated he felt that the program proposed is not specific to parking, rather directed to fishermen, cyclists, and others who abuse the Park, noting that signs and enforcement of the area have not been successful to date, and expressed his feeling that this parking sticker program will likewise be unsuccessful as well as an enforcement problem rather than resolving the issues. Councilmember Risner seconded the motion before the Council as amended. I I AYES: NOES: Clift, Grgas, Risner, Wilson Hunt Motion carried ZOETER SCHOOL UPDATE The City Manager reported the status of the Zoeter site negotiations are unchanged, the staff continuing discussions with a potential developer of Parcel A of the site and that it is uncertain whether agreement can be reached prior to the July 1st deadline. Councilmember Risner noted a recently published letter in the press with regard to the 4-l3-B7 rezoning of portions of the Zoeter property which inferred that a hotel could be constructed on the property zoned as high density residential. The City Manager responded that the communication was a misinterpretation of the zoning, as a hotel could not be constructed on a property of twenty- five by one hundred seventeen feet. REQUEST - CITY OF ORANGE - FINANCIAL SUPPORT Risner moved, second by Wilson, to approve the allocation of I $500 from the General Fund contingency reserve to participate with the City of Orange and other California cities in litigation relative to billboards. AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried CITY COUNCIL ITEMS Mayor Clift informed the Council and the audience of a number of telephone calls he had received regarding the eucalyptus trees along Seal Beach Boulevard, requesting that the trees not be cut down, and that by afternoon of this date he had been told that up to twenty trees had been removed. Mr. Clift pointed out that the subject trees are located on private property and outside the jurisdiction of the City. He reported however that three trees have been removed from an area where they were adversely effecting the condition of the golf course. Mayor Clift advised that he visited the Old Ranch Country Club this date and spoke with the individual in charge of course maintenance and with the Chairman of the Greens Committee regarding the alleged cutting of the trees, and was informed that no trees, other than the three previously reported that had been removed from the northerly edge of the eucalyptus grove, had been removed, although certain branches and limbs that were I overhanging the golf course had been pruned or cut down. Ms. Ruth Glunt, Los Alamitos, expressed her fondness for the eucalyptus trees along Seal Beach Boulevard and urged that they be preserved. Ms. Glunt stated that she had seen the trees being ~ut down and mutilated, as many as thirteen, that approximately four to five trees remain, and predicted that once that property is proposed for development all of the trees will be removed. Mayor Clift further explained that it was necessary to remove some of the trees because they posed a danger to persons and property. As a point of information, Councilman Hunt noted that concern has been expressed regarding the closure of the Arco Service Station located at Lampson and Seal Beach Boulevard, and reported that the station was closed due to Atlantic Richfield and the lessee not reaching agreement, however the station will reopen in the near future under the operation of Atlantic Richfield. With regard to curb markings along Seal Beach Boulevard that had been a matter of discussion at a previous meeting, Mayor Clift reported the same type of markings exist on both sides of St. Cloud Drive and that their purpose remains unknown. Councilman Grgas reported complaints from First Street residents regarding dust resulting from the grading of the Department of Water and I Power site, as well as overspray from the water trucks, and requested staff contact the project superintendent to resolve this matter. Mr. Grgas also reported he had notified the Public Works Department of concerns that had been expressed by Seal Way residents regarding the removal of the berm and the manner in which it was being graded, and requested a status report regarding that project. The Council, by unanimous consent, declared a recess at 8:31 p.m. The Council reconvened at 8:47 p.m. with Mayor Clift calling the meeting to order. 4-13-87 I CLOSED SESSION The City Attorney reported Council would meet in Closed Session to discuss a matter of pending litigation pursuant to Government Code Section 54956.9(c). The Council adjourned to Closed Session at 8:52 p.m. and reconvened at 8:58 p.m. with Mayor Clift calling the meeting to order. The City Attorney reported Council had discussed pending litigation pursuant to the authority previously stated, and that the Council had given further direction to staff. CONSENT CALENDAR ITEM "L" - PIER RESTAURANT LEASE The Assistant City Manager reported that pursuant to direction of the City Council, the staff has conducted negotiations with Mr. Hal Griffith, President of H.E.G. Enterprises, Inc., for the lease of the City-owned restaurant at the end of the Seal Beach Pier. Mr. Joseph stated that more than three months of negotiations have resulted in the lease before the City Council, prepared in concert with the City Attorney's office, and is believed to represent a fair and equitable venture for the City and the tenant. Mr. Joseph reviewed the major components of the lease as set forth in his memorandum of April 7th specifically relating to the term of the lease, modification of the existing structure as contained in the original proposal submitted by H.E.G. Enterprises and proposed to be accomplished in two phases, changes to the interior decor, the addition of a concession facility, public restrooms and storage facility, tram remodeling, rent schedule and percentage of gross sales, and a proposed automated parking system. Mr. Joseph announced that Mr. Hal Griffith was present to review his proposal for the Pier Restaurant and respond to any questions of the Council. Mr. Griffith apologized for his late arrival and extended appreciation for postponing consideration of this item. Mr. Griffith described the existing restaurant as a nice facility however stated he felt it portrays the appearance of a coffee shop. He advised that it is their plan to bring the facility into scope with their menu, a primary factor in the design of any restaurant, and to add amenities to create a warm and appealing atmosphere, wood paneling, nautical character and historical photographs. Mr. Griffith stated that some modifications would also be made to the kitchen and its equipment to accommodate their menu, explaining that any equipment that could not be used by their operation would be purchased from the City at its cost. He added that the front end of the structure as well as the floor plan would remain initially as it exists, with the exception of the addition of a small bar area with limited seating, and outside seating that would be protected by glass wind screens. Mr. Griffith stated it is their intent to utilize the facility as it exists now, with the minor modifications of phase one, provide a full service, three meals per day, operation commencing on or before June 1st. In response to Council, Mr. Griffith acknowledged that with the Phase I modifications, the seating capacity for bar patrons would be thirty-seven, and a capacity of ninety-one for dining, adding that should there be a greater demand for food service for the exterior seating, that service would be provided. He stated that although the take-out food window is inadequate in size it would be utilized initially, however the concession stand is proposed under phase II to accommodate the fishermen and casual pier visitor, the hours of that operation consistent with the restaurant. Mr. Griffith described his restaurant/bar operation in San Clemente which, due to the physical characteristics of the location, are housed separately, also described the improvements proposed for that facility and it's operation I I 4-13-B7 that have been approved by that City. He noted that a 2.5 million dollar gross revenue is anticipated from that facility this year, without the proposed expanded services. Mr. Griffith stated his restaurants are basically a dinner house, primarily offering a seafood menu served family style, specifically featuring a variety of "feast" dinners, as well as ala carte, childrens and senior citizen menus. He reviewed his menu and related prices in detail. Mr. Griffith explained that Phase II modifications propose I to locate the bar portion of the restaurant to a second . level, therefore allowing the lower level to be used exclusively for dining, the second level also available for overflow dining. Mr. Griffith stated he felt the revenues projected for the operation have been conservatively stated, and based upon experience, the restaurant, rather than liquor sales, is expected to be the greatest revenue generator, noting that the existing Fisherman's restaurants have experienced between twenty to thirty percent increase in sales each year to date. With regard to structural stability of the building and the pier to accommodate a second story, Mr. Griffith reported that through conversation with those involved in the reconstruction of .the pier, their firm had been informed that they had been so~idly reconstructed, beyond standard requirements, advising that through their engineering capabilities structural reinforcement for the upper deck would be done where it is found to be needed, and pointed out that any modification will be required to conform to all building and engineering requirements. With regard to the beach parking, Mr. Joseph explained that through automation the 8th and lOth Street lots would become two separate facilities, with payment upon exit rather than entrance and that the system would allow payment by token, change or bill as well as a I special credit card for use by oil company and City employees. He advised that the intent is that the 8th Street lot would be the primary parking facility in the evening, away from residential properties.. He noted that it is felt that the proposed system will also relieve traffic congestion on Ocean Avenue during heavy use periods. The City Manager added that staff is proposing to retain $15,000 of the $45,000 annual budget to provide parking lot personnel as needed to oversee the proper operation of the automated system and during peak periods of use. Mr. Joseph explained that there are provisions within the agreement to alter the parking system to facilitate providing parking for the restaurant, and that the staff would recommend installation of an automated system which would accomplish a number of improvements that have been considered for some time, independent of the restaurant proposal being submitted to the City. In response to Council, the City Manager advised that the restaurant is 2600 square feet. Mr. Joseph explained that in exchange for the use of the parking spaces, the City would receive the benefit of the automated parking system, installed at the expense of the restaurant operator, personnel cost savings, a significant capital investment in the restaurant, concession stand, storage facility, and improvements to the tram, also, with the beach lots being the most logical source of restaurant parking, it I was felt to be in the City's best interest to provide the parking as a means of attracting patrons and to further assure a successful restaurant operation. A member of the Council expressed concern that the lease did not appear to specifically require that the investment for the proposed modificiations be a requirement of the operator, also voiced concern with potential loss of revenue from daytime parking for those spaces allocated to the pier 4-13-87 I restaurant. The City Manager responded that by offsetting labor costs of $30,000 per year, the City would be accruing value amounting to $3.16 per space based upon the twenty-six spaces required for the current building, that figure assuming those spaces filled every day throughout the year, and upon completion of Phase II, assuming up to twenty-four additional spaces may be required, then resulting in a value of approximately $1.50 per space, balancing what the City is receiving from reduced labor costs through the capital investment by the operator. The Assistant City Manager reported the City presently realizes approximately $1.10 per space per day on a yearly average from the beach lots, and that the Police Department has advised that the lots are completely full approximately four days throughout the year, and noted that the First Street lot is not proposed for automation. Councilmember Grgas requested a report from the Police Department setting forth actual usage of the 8th and lOth Street lots. I Mr. Griffith advised the Council that H.E.G. Enterprises is a California corporation consisting of the operating facility at San Clemente, pending operations in Newport Beach, Seal Beach, Oceanside and Santa Monica, he and his wife being the sole stockholders, and stated that there is no connection between the washington and California corporations with the exception of administrative services, payroll, etc. He acknowledged that none of his establishments are located a distance offshore equal to the Seal Beach location, a Seattle operation however located six hundred feet from shore, advised that it is their intent to provide a people mover system to be available for use during inclement weather and to those not wishing to walk the length of the pier, and pointed out that specific improvements to the tram have not as yet been determined, and should such improvements become impractical, the purchase of other equipment, to the satisfaction of the City, would be considered. Mr. Griffith advised of their intent to work closely and in cooperation with the City in all regards, as they have done in the other cities in which their facilities are located. With regard to source of patronage, Mr. Griffith referred to his San Clemente facility and reported their customer base is primarily the local resident, as well as attracting customers from outside the area. Councilmember Risner asked that the Council be provided with a copy of an audited financial statement of the H.E.G. California corporation for review. Mr. Griffith offered to provide any financial information the Council may wish to review, specifically making reference to his working relationship with the Bank of San Clemente, as well as the Bank of Costa Mesa which has made a commitment in support of the Seal Beach and Newport Beach facilities. He advised that the investment in his facilities is all personal funds, noting also that he, as a general contractor, built the San Clemente restaurant. I Councilmember Risner requested that this item be held over for further Council review, that local organizations and the business association be made aware of this matter and provided copies of the lease documents, and that the public be invited to express their views at the next meeting. Mrs. Risner suggested that several items may warrant further consideration, such as the concession stand, the second story addition, the size of the cocktail area, a rent escalation clause, and the lease term. Councilman Grgas stated he had four goals in mind when the lease process began, to provide a clean, pleasurable facility in which to dine, particularly for local clientele, to provide eating opportunities, including breakfast and lunch, at a 4-13-B7 reasonable price, to create a revenue source for repayment of the State loan for the restaurant, and to provide for maintenance and improvement of the pier and pier related functions, including the beach. He explained that revenues are required by the State to be maintained in a separate fund designated for the pier or pier related functions, therefore once the State loan is repaid and pier maintenance satisfied, there will be a continuing revenue source that could be used towards sand replenishment, repair and "I extension of the groin, as well as beach maintenance which, in turn, will relieve the General Funds of those costs. Mr. Grgas stated he too wished to hold this item over, that the staff provide a detail of the proposed egress and ingress of the parking lots, expressed his concern regarding the services to be provided to the fishing public, with particular concern directed to the need for and location of the concession stand, his preference being that service to the fishermen be provided from the restaurant as originally planned, and suggested further negotiations as to the lease terms with regard to a guarantee of minimum rents and an escalation clause to insure a reasonable return of the City's investment. Mr. Grgas added that he felt the lease document was well written and contained language that provided considerable protection to the City. Mrs. Risner asked that restroom location be reconsidered, and that the Council be afforded the option, after a period of operation, of whether or not a second story would be allowed. In response to Councilman Hunt, Mr. Griffith reported the San Clemente restaurant is now 7000 square feet, and explained that the Seal Beach facility would be on the footprint that currently exists with the exception of the addition of outside seating, and that through experience of this other facilities the ratio of the number of seats and turn arounds to gross receipts is much more significant than a comparison I to square footage. He also pointed out that with the existing gabled ceiling, only a minimum height modification will be necessary to accommodate the second story. Mayor Clift noted the location of the concession stand and its proximity to the shoreline and existing businesses in the area, and inquired as to any reason for Objection to its relocation, sugguesting it be moved one to two bays further toward the seaward end of the pier. Mr. Joseph advised that the location for the concession stand was at the suggestion of Mr. Griffith, however it was felt the public restrooms in this location would better serve the public than further down the pier, and advised there is no concern with the structural integrity of the pier with regard to relocation of the concession stand. Mr. Griffith responded that the location was chosen due to its accessibility from the beach and accommodation of the casual pier visitor, also to spread the distance between the restaurant and the concession facility. Mr. Griffith reiterated his concern with the size of the restaurant take-out window, and explained that if the window were to be expanded it would impact the inside restaurant service. He also expressed his feeling that the facilities proposed would aid rather than impact existing businesses, however offered to reevaluate the concession I location. Mr. Griffith also noted that the separate restrooms proposed are the direct result of a conversation with members of the community upon a visit to the restaurant facility. Mr. Griffith acknowledged the public efforts that aided in rebuilding the pier, with the understanding that it would not be a commercialized pier, and stated he would protect those goals, and that they only wished to add, in a sensitive way, amenities in support of those goals while keeping the needs of the fishermen in mind. Mr. Griffith offered to meet with anyone interested to discuss their 4-13-87 I ~roposal in detail, pointing out also that their investment in the project will be substantial, that they are obligated to make the improvements proposed, set forth as an attachment to the agreement. Mr. Griffith also responded that an escalation clause tied to a formula could be acceptable if imposed on a reasonable basis. Mayor Clift invited members of the audience to express their views regarding this matter. Juliana McCants, 421 Jade Cove Way, stated she was speaking for herself and the Homeowners Association, and expressed opposition to a second story on the restaurant as it would interfere with the view of Catalina and the ocean, and objected to the lack of request for public input regarding the pier restaurant. Mr. Jim Gilkerson, 1011 Electric Avenue, questioned the square footage charge for the restaurant and its parking, alleging that to be one dollar per square foot, the charge for tram use by restaurant patrons, and the time frame for payment of the gross receipts percentage. The staff clarified that the regular fee would be charged of restaurant patrons using the tram, and that the rental payment would be waived during the period that the installation of the parking facilities and improvements to the tram are being made by the tenant, also that the City is to receive six percent of the gross revenue however no less than the minimum rent. Council explained that $24,000 minimum rent would begin the earlier of ten months after the opening or April 1, 1988, the rent increasing to $38,000 on June 1, 1988. It was clarified that the lease provides for no rental payment during the period that the capital improvements are being made at the tenant's expense, which in turn relieves the City of those related costs. The City Attorney noted that under the original proposed lease there were no improvements to be made by the tenant therefore the rent was imposed upon the opening of the restaurant, this lease however providing for a different rental payment schedule due to the improvements that are to be made by the tenant and the cost savings to the City that would occur therefrom. Mr. Stepanicich advised that the tenant improvements are required as set forth in Section 4-B of the lease, and Section 14-G addressing the parking lot improvements. Mr. Joseph added that the improvements to the parking system and the tram that the tenant would be making during the first year of the lease will exceed the actual minimum rent that the City would realize. Mr. Gilkerson expressed his disagreement with the average revenue figure of $1.10 per beach parking space as reported by staff, and recalled that a previous proposal to allow concessions on the pier drew strong public protest. Mr. Gilkerson stated his objection to this item being placed on the agenda without public hearing. Mayor Clift pointed out that the concession facility is proposed to serve the pier visitor and fishermen, however is part of and under the same terms as the restaurant operation. Councilmember Risner recalled a consultant study of some years past that advised that a dinnerhouse type of restaurant would not receive adequate support at the end of the pier to be successful due to the pier's length, however recommended location mid-pier, and stated that that recommendation did not receive Council support. Charles Antos, 148 - 14th Street, referred to discussions that took place with regard to the Land Use Element of the General Plan at which time public opinion was that the pier remain as it then existed, without additional structures thereon. He stated that placing this matter on the Council agenda without public participation or notice as contrary to provision of the General Plan, and asked that this matter be held over for public hearing and that all documents be made available for public review. Mr. Ray Howard, 706 Ocean I I 4-13-B7 Avenue, noted that the parking lot gate is presently locked at approximately 6:00 p.m. and voiced his concern with problems that may arise if the lots are accessible during evening hours with the automated parking proposed. Mr. Ronald Kredell, 1615 Seal Way, expressed his opposition to considering a large restaurant on the pier without public participation, objected to allowing parking in the beach lots during evening hours, citing his experiences of vandalism and public nuisance, as well as the potential for I increased traffic and noise in the area. He questioned the parking lot usage and related revenues as reported by staff, referred to a prior, unsuccessful metering of the lots, also suggested the 1st Street lot be free of charge and unmanned. He expressed his feeling that the beach has been neglected for many years and objected to previous comments regarding the use of restaurant generated revenue for beach related improvements, and although purchase of the Zoeter school site is important to the community, he stated he felt the beach should take precedence. Mr. Kredell stated he felt the residents of Old Town and the Hill would oppose this restaurant. Councilman Grgas clarified that the restaurant could provide a revenue stream that would accelerate beach related improvements and protection measures. Mitzi Morton, 153 - 13th Street, spoke in support of public input regarding the type of restaurant the community would desire on the pier, stating she felt Council philosophy has changed from the original design of the restaurant facility. Mrs. Morton inquired as to the number of restaurant employees, where those employees would park, the number of oil company employees using the beach parking, who would be charged with the responsibility to maintain and repair the automated parking system, and the suffiency of restroom facilities of the restaurant. Mrs. Morton suggested that the separate concession not be considered, and if approval of the I restaurant is considered that there be a limit placed on the use of beach parking spaces. Mr. Griffith estimated between forty-five to fifty employees would be needed for the Seal Beach facility, approximately twelve to fourteen on-site at one time, stating that employees often walk or car pool to work, most likely parking at other locations or pay for beach parking when necessary, and that additional restroom facilities are proposed with the second story addition. Mr. Joseph added that forty-five parking stickers are provided to the oil company employees however approximately six spaces are utilized at a given time. Dianna Feinstein, 809 Ocean Avenue, expressed her concern as to police protection and response time, particularly during the summer season, with the additional restaurant patrons and activity on the pier. LeROY Brown, 705 Ocean Avenue, alleged that it could be possible for a restaurant patron to utilize beach parking for an entire day and pay the parking fee with a token, also spoke of the possible need to continue the employ of lot attendants given the usage of the beach lots. Dorothy Whyte, 4416 Candleberry Avenue, voiced her objection to considering this item without requesting pUblic input, as did Roger West, 1201 Electric Avenue, who added his concern with existing parking and the potential I loss of view with a two story restaurant structure. Bruce Stark, 204 Ocean, asked that the public be made aware of this proposal through a press release, stated his objection to providing parking for the restaurant, the size of the restaurant, and obstruction of view, expressing support for a small eating facility as originally planned. Jack Haley, 404 Ocean Avenue, complimented Mr. Griffith on his proposal, spoke for the Phase I improvements proposed however suggested Phase II modifications be deleted. He reported he would soon be opening an eating establishment at 901 Ocean 4-13-87 / 4-27-87 which, in his op~n~on after analyzing the points of the initiative, proposes preservation of open space as well as a disaster clause that would allow the owners of high density units to rebuild, as those units now exist, if destroyed in whole or in part without compliance to City Code. Mr. Weiler made reference to properties owned by the authors of the letters which he reported to be non-conforming dwellings. Mr. Weiler stated he felt the community should be alerted as to the goals of the proposed initiative. In I response to Mr. Stark, 204 Ocean, the City Manager advised that the restaurant lease would be made available for public review at no cost, a copy of the document could be obtained for a ten cent per page charge, or on a loan basis. Norma Strohmier, 209 Seal Beach Boulevard, took exception to comments of a prior speaker. There being no further communications, Mayor Clift declared Oral Communications closed. ADJOURNMENT Grgas moved, 11:54 p.m. AYES: NOES: second by Wilson, to adjourn the meeting at Clift, Grgas, Hunt, Risner, Wilson None Motion carried lerk and ex-o Beach City Council Approved: I Attest.: _ ' Seal Beach, California April 27, 1987 The City Council of the City of Seal Beach met in regular session at 7:00 o'clock p.m. with Mayor Clift calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Clift Councilmembers Grgas, Hunt, Risner, Wilson Absent: None :1 Also present: Mr. Nelson, City Manager Mr. Stepanicich, City Attorney Mr. Joseph, Assistant City Manager Chief Picascia, Police Department Capt. Stearns, Police Department Capt. Garrett, Police Department Mr. Knight, Director of Development Services Mr. Osteen, Recreation Director Mrs. Yeo, City Clerk 4-13-87 I which will require in-lieu parking, questioned the payment for in-lieu parking for the pier restaurant, and took exception to the gross revenue percentage as specified in the restaurant lease documents. Mr. Haley recalled his proposal of years past to open a concession on the pier which was denied, expressed his desire to negotiate for the pier concession stand, and noted similarities of his and the proposed pier eating establishment, inquiring also if the parking tokens or validation proposed for the pier restaurant would be made available to all downtown restaurant operations. Fred Delli Santi, Ocean Avenue resident and Main Street merchant, spoke for additional public input on this issue. Grgas moved, second by Wilson, to hold this item over and that it be scheduled for a public input study session and noticed in the press. Members of the Council requested that all information be made available to interested individuals and groups, also noted that Mr. Griffith may be available to discuss his proposal with members of the community. Discussion continued regarding the date of the public workshOp. Mayor Clift extended an apology for this matter appearing as a Consent Calendar item, acknowledged that public input is strongly desired, and suggested that this item be rescheduled for the next regular meeting and in the interim, the lease documents be made available for review. Councilman Hunt suggested that this matter be handled as expeditiously as possible in order to have the restaurant operational at the earliest possible date, and explained to the audience that City staff had negotiated with Mr. Griffith for lease' of the pier restaurant at the direction of the Council, noting also that the public had had some notice that a lease would be forthcoming as the restaurant was being constructed. Councilmember Risner reiterated her request that the public be made aware of the upcoming discussion through the news media. She also made reference to the smaller scale restaurant that the public envisioned at this location since the pier was rebuilt. Mayor Clift conveyed his personal preference for a full service restaurant at the end of the pier rather than merely a hamburger facility, a preference that had likewise been expressed to him by a number of people, noting however that a two-story facility had not been discussed. Vote on the motion to conduct a public workshop at the April 27th meeting: I AYES: NOES: Clift, Grgas, Hunt, Risner, Wilson None Motion carried I Members of the Council requested that the staff continue negotiations with Mr. Griffith regarding the concerns expressed at this meeting, including whether or not deletion of the second story would be acceptable. In response to Council, Mr. Griffith stated he would provide an architectural drawing to illustrate a comparison of the structure with the second story. ORAL COMMUNICATIONS Mayor Clift declared Oral Communications open. Mr. Greg Weiler, College Park West resident, expressed his support for the full service, two-story restaurant proposed. Mr. Weiler noted a number of letters that have been published in local papers by members of a group called "Spring", proposing an initiative ordinance. Mr. Weiler read his prepared statement regarding the goals of the initiative