Seal Beach Ad Hoc Parking Committee looks at ‘in lieu’ parking fee program

City has $7,200 budgeted for in lieu parking in current budget

The Citizen-Council Ad Hoc Parking Advisory Committee discussed in lieu parking fees during the Wednesday, Sept. 27 meeting. The committee took no action. (The Sun went to press before the committee met, which is why you’re reading about it in the Oct. 5 print edition.) In lieu parking fees, were the fourth item on the committee agenda. In lieu parking refers to fees that business owners pay to Seal Beach in place of physical parking.

The meeting became emotional when a member of the public tried to speak after the public comment segment of the meeting was long over. Public comment took place before any of the committee agenda items were discussed.

Parking Committee Chair Margo Wheeler participated in the meeting remotely. Chairing duties for the meeting were turned over to Vice Chair Ken Husting at Wheeler’s suggestion. Husting agreed.

Discussion

Seal Beach Police Chief Henderson gave the presentation.

“As with all things parking, I’m learning something new every day,” Henderson said.

Henderson said Finance Director/Treasurer Barbara Arenado had done a lot of research on the subject.

“It allows businesses without enough on-site parking to participate in an alternative arrangement even if it doesn’t meet the city’s usual parking requirements,” Henderson said.

The rates are part of the city’s fee schedule, according to Henderson.

He said in lieu parking was used in many cities to address parking shortages.

He said the money is to be spent promoting, managing, operating, increasing and maintaining the availability of parking.

According to Henderson, a parking fund was established in Fiscal Year 78. He said $134,839.22 was transferred from the General Fund to that fund.

Three projects were funded with the fund.

He said the decision about in lieu fees is made by the Community Development Department.

Rob Jahncke, the Chamber-appointed Main Street business representative on the parking committee, asked if Seal Beach was still going to need in lieu parking fees if Seal Beach goes down the path of managed parking.

Jahncke said he wasn’t sure if he was asking the right people.

Henderson confirmed that the California Coastal Commission has a hand in the issue.

“In lieu parking touches a lot of different components of the city, not just police for enforcement, but also Finance and Community Development,” Henderson said.

Planning Manager Shaun Temple said amending the in lieu parking fee would require amending the Main Street Specific Plan and a Zone Text Amendment to the Zoning Code.

Temple said that because it has an impact on parking, a change would have to be reviewed by the California Coastal Commission as well.

Jahncke asked if the Coastal Commission mandated Seal Beach do in lieu parking.

Temple said he didn’t know. He said the Specific Plan was from the early ’90s.

Jahncke said he wasn’t trying to be a sticky wicket. He had been hearing about in lieu parking since he came to Seal Beach. (Jahncke is the owner of the Javatini’s Espresso coffee shop in Main Street.)

“I think it’s great that we’re addressing the parking problem,” he said.

Temple said he imagined the issue is due to the age of Old Town and that a lot of buildings and uses were established before the current parking standards were published.

According to Temple, if the city changed uses, the city would be required to review development standards for the change and most of the current uses would not meet the parking requirements.

He said the in lieu fee has become the manner in which the city could allow the buildings to change the use between different types of businesses.

Henderson said it might be worthwhile to come back to you to see what the implications are and how recommendations that come out of the committee may or may not affect the in lieu parking program.

Business owner Brian Kyle came up to the podium at about that point in the meeting. (It’s around 1 hour 38 minutes on the YouTube video.)

Chief Henderson said public comment was closed. He said there might be an opportunity at the next meeting to discuss that.

Kyle said he could tell the committee what Coastal said. “I know how we implemented—”

“I appreciate that, Mr. Kyle, but public comment is closed for the moment,” Henderson said.

Margo Wheeler said: “If I may, vice chair, I’ve managed a lot of inland parking programs, and the issue is, it allows businesses who have no way to provide parking, because their building occupies the full lot, and they can expand with a more intensive use, and in lieu is an opportunity for them to do that expansion, without providing the parking, with parking that otherwise couldn’t occur, and the benefit is to the city is that ultimately at some date in the future you could provide parking.”

Kyle said that was right. He started to explain Assembly Bill 1600, which was apparently a reference to the section of the California Government Code that allows cities to set mitigation fees for development projects.

Chief Henderson said this was not the time for public comment.

Kyle continued speaking.

“Mr. Kyle, I appreciate your comments, please come back at the next meeting,” Chief Henderson said.

“Mr. Kyle, please respect the rules of the committee,” Henderson said.

“Make your comments at the next meeting,” Henderson said.

Police Capt. Mike Ezroj asked Kyle to leave. Ezroj was seen standing close to Kyle as they spoke. (That part of the meeting was not shown on the YouTube video.) Kyle stepped closer to Ezroj as they spoke. The Sun reporter was taking notes when Kyle apparently went down.

“Oh, God,” Kyle said.

He was seen clutching his left shoulder.

Henderson suggested a 10 minute recess while the police assessed what was occurring.

The Sun did not see Kyle leave, but he had apparently left by the time the meeting was over.

(In a recent email, SBPD Lt. Julia Clasby wrote: “A report has been completed to document the incident.”)

After the recess, Henderson called the meeting back to order.

Vice Chair Husting said if there were any more interruptions, they would adjourn the meeting and continue to another day.

Planning Manager Temple said the Zoning Code and the Main Street Specific Plan requires private parking for each property. Temple said the spaces on the street are considered public parking and can’t be used to meet the parking requirements of a business.

Temple said the in lieu fee provides a relief mechanism that allows businesses to apply for a more intense use.

Terry asked about the cost per space of parking.

Finance Director Barbara Arenado answered the question. “It varies, depending on usage and size and capacity, for example, a barber shop may have something different than an insurance office or restaurant,” Arenado said.

Terry asked what the cost would be for just one parking space.

Arenado said the figure was in the Municipal Code. She repeated that the cost varied.

“It’s about $3,500 for a one-time fee, but that is depending, and then there’s an ongoing fee and it’s really based off historical agreements,” Arenado said.

She said historical agreements were grandfathered in at different amounts.

Terry asked how much the city brings in from in lieu parking.

Arenado said right now the city has budgeted about $7,200 per year. (The Sun confirmed the figure. See page 50 of the current approved Seal Beach budget.)