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HomeMy WebLinkAboutCC Min 2004-09-27 9-13-04 / 9-27-04 the memory of Public Works employee vaughn Colpean, who lost his struggle with cancer. t Clerk an of the City of clerk Approved: it I Attest: Gb:Y11{{ 6 Qt:r~! C~ty C r Seal Beach, California September 27, 2004 The City Council of the City of Seal Beach met in regular adjourned session at 6:00 p.m. with Mayor ProTem Antos calling the meeting to order. ROLL CALL Present: Mayor ProTem Antos Councilmembers Larson, Levitt, Ybaben Mayor Yost I Absent: Mayor Yost arrived at 6:05 p.m. Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Vukojevic, Interim Director of Public Works/City Engineer Ms. Yotsuya, Assistant City Manager Mrs. Devine, City Clerk Mayor Pro Tern Antos advised this would be the time for members of the public to address the Council on any item on the agenda. Ms. Joyce Parque, Seal Beach, requested that the City have an Orange County firm do an appraisal of the Zoeter property and not use the appraisal of a company from LOS Angeles County, the land is worth more, then pay down the debt of the Redevelopment Agency. Mr. Jim Caviola, twenty-five year resident, stressed the importance of the decision the Council will make in the sale of the Zoeter property, then spoke to certain details and comparisons of the appraisal report, and said the City needs to fight for its fair share using an outside law firm, have a committee hire the law firm and an Orange County appraiser. I I I I "','-, 9-27-04 CLOSED SESSION The City Attorney announced that the City Council would meet in Closed Session pursuant to Government Code Sections 54956.9 (b) and (c) and 54956.8 to confer with legal counsel on anticipated litigation and to confer with real property negotiators relating to the Zoeter School property, Parcel No. 043-122-37. The Council adjourned to Closed Session at 6:10 p.m. and reconvened at 7:09 p.m. with Mayor Yost calling the meeting to order. The City Attorney reported that the City Council had discussed Item uBu, conferring with legal counsel with regard to anticipated litigation, the discussion was not completed therefore the Council will return to Closed Session at the end of the joint City Council and Redevelopment Agency meeting. ADJOURNMENT The City Attorney announced that the adjourned City Council meeting remains in session, at this time the Redevelopment Agency meeting will be called to order in joint session with the City Council. The regular adjourned session was recessed at 7:10 p.m. by unanimous consent. At 10:43 p.m. Mayor Yost reconvened the regular adjourned meeting to continue the Closed Session. CLOSED SESSION The City Attorney announced that the City Council would resume the Closed Session pursuant to Government Code Section 54956.9 (b) and (c). The Council adjourned to Closed Session at 10:43 p.m. and reconvened at 11:12 p.m. with Mayor Yost calling the meeting to order. Mayor ,Yost stated that with the possibility of purchasing the remainder parcels of the Zoeter School site, a facilities report was conducted to look at the quality of the existing facilities. Mayor Yost reported that Council was made aware, as is the case with most older buildings, that there is a presence of asbestos and lead in the day care facilities, therefore it is the feeling of the Council at this time,that in the best interest of the health and safety of the children the City will close the day care facilities until further notice and will make every effort to help with the inconvenience this will cause. Also, staff will be on site the following day to answer questions from families and keep everyone informed as to what needs to be done. ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until October 11th, 2004 at 6:00 p.m. to meet in Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 11:14 p.m. ~}/14 ~('frt0/ C~ty Clerk and x-officio clerk of the City of Seal Beach 9-27-04 Approved: .~ ~~[b~j City Clerk Attest: I Seal Beach, California September 27, 2004 The City Council and Redevelopment Agency met in joint session at 7:10 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Yost Councilmembers/Agency Members Antos, Larson, Levitt, Ybaben None Absent: Also present: Mr. Bahorski, City Manager/Executive Director Mr. Barrow, City Attorney/Agency Counsel Mr. Whittenberg, Director of Development Services Mr. Vukojevic, Interim Director of Public Works/City Engineer Chief Sellers, Police Department Captain Schaefer, Police Department Ms. Yotsuya, Assistant City Manager Mrs. Devine, City Clerk/Secretary I APPROVAL OF AGENDA Antos moved, second by Ybaben, to approve the order of the agenda as presented. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ORAL COMMUNICATIONS Mayor Yost declared Oral Communications open. Ms. Joyce parque, Seal Beach, questioned what was the result of closed session agenda Item UAU relating to the Zoeter property. Mayor Yost responded that the issue is a public hearing on the regular meeting agenda. Ms. Mizti Morton, Seal Beach, stated she was confused as to the urgency of starting the meeting at 6:00 p.m. Mayor Yost advised that after the next Closed Session there would be reportable action. Ms. Jean Ashmead, Seal Way, said she wanted to speak to the elimination of one of the animal control officers. Mayor Yost stated that item will be on the City Council agenda and clarified that this was the time to comment on anything pertaining to items on the joint meeting agenda or issues dealing with the Redevelopment Agency. Ms. Joyce Parque, Seal Beach, repeated her opinion about hiring an orange County appraiser who would know the value of the zoeter land, if the City would wait thirty-five years it would own the property. Ms. Sue Corbin, Seal Beach, said it was unwise to I .~ I I I :: ;'f.i '!f"~-': ~ '..,. 9-27-04 give Zoeter away at such a low appraisal price, repeated her concerns over the contracts in the City, such as the Trailer Park, and warned the Council that they are responsible and if the law is violated there will be a Grand Jury investigation. Ms. Corbin warned the Council that she is capable of making sure they follow the law and made a promise that they will serve time in prison if they violate the law. Mr. Frank Boycheck, Seal Beach Trailer Park, referred to the previous speakers and wanted to clarify that the Council and Agency handled the Trailer Park issue fairly and gave the residents security with their homes. Ms. Reva Olson, Seal Beach, repeated that Prop 13 was passed to protect the people and to have a say as how to spend their tax dollars, the Redevelopment Agency takes the taxes, goes behind closed doors, the people need to know how their money is spent, and said do not give the Zoeter property away. There being no other speakers, Mayor Yost declared Oral Communications closed. AGENCY ITEMS AGENCY MINUTES Larson moved, second by Antos, to approve the minutes of the regular meeting of June 28th and special joint City Council/Redevelopment Agency meeting of July 12th. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried RESOLUTION NUMBER 04-01 / CALHOME PROGRAM APPLICATION Director of Development Services gave a brief report indicating that the City has an opportunity to apply for the second round of funding in the amount of $498,000 under the CalHome Program (HUD), this program for rehabilitation of owner-occupied and mobile homes within the entire City. Antos moved, second by Larson, to adopt Resolution Number 04- 01 entitled "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING UNDER THE 2004 CALHOME PROGRAM AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY TO PARTICIPATE IN SAID PROGRAM." By unanimous consent, full reading of Resolution Number 04-01 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PUBLIC HEARING / RESOLUTION NUMBER 5270 - RESOLUTION NUMBER 04-03 - EXERCISE OF OPTION - ZOETER PLACE PURCHASE OPTION (1190-1198 PACIFIC COAST HIGHWAY) Mayor Yost declared the public hearing open to consider the transfer of Zoeter Place. The City Clerk certified that notice of the public hearing was advertised as required by law and reported receipt of no communications for or against this item. The City Manager explained that the Council and Redevelopment Agency would be approving the exercise of an option by Rodi Properties to purchase Zoeter Place, presented a brief staff report reminding that a full report of the facts and history of the Zoeter School property was given at the June 28th City Council meeting, copies of that report were made available at City Hall. He noted that the Rodi Family Trust have operated Zoeter Place, the commercial portion of the property, since 1996 and have exercised their option to purchase the Agency's interest in Zoeter Place according to Amendment Three to the original Agreement, 9-27-04 reported that an appraisal was conducted July 1, 2004, also, there is a remaining balance owed to the Los Alamitos Unified School District of approximately $610,672.00. The City Manager reminded the Council, Agency and community members that in that report it was clearly stated in the Third Amendment that the Rodi Trust has the right to exercise the option to purchase Zoeter Place, the City does not have the ability to deny that right, it is clear as to how the sale is to occur and the method for also obtaining the appraisal. Mr. John Ellis, Certified General Real Estate Appraiser for Integra Realty Resources in Los Angeles, reviewed the Complete Appraisal Summary Report, as had been given to Council. He stated the City is negotiating the sale of the leased fee interest to the owner of the master leaseholder, the date of value of the analysis corresponds with the date stipulated in the master lease agreement and provides a fair market value pursuant to the agreement of $3,180,000. The report provided the Council/Agency was intended to comply with the reporting requirements, it presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the opinion of value, supporting documentation is retained at Integra Realty Resources. Councilman Ybaben questioned the method used to determine the appraised value, the income stream is what it is but the projected value does not seem to make sense. Mr. Ellis noted that the land is zoned for commercial, it is residential that has sky rocketed, the City Manager interjected that the Third Amendment was meant to protect both parties, the language provides that the high and low appraisals be thrown out. Mayor Yost asked for clarification of what the City owns. The City Manager responded that the City owns the land yet the Rodi Family has the right to exercise the option to purchase the land. Councilman Ybaben followed up with the statement that with the method used, at the present time the land is worth $230,000, if it were leveled and put up for sale today everyone would opt to purchase it. Mr. Ellis illustrated, an analogy using residential property an example would be if one purchased a $1,000,000 plus home but could not occupy it for forty years, this is the same concept using a residual value for a valuable piece of property which requires the discounting process because there have been rights transferred because of the lease. He mentioned that the appraisal equates to forty dollars per square foot, the Pavilion Center sale was twenty- four dollars per square foot that reflects property rights not the value of the land. Councilman Ybaben questioned if the Rodi Family is required to maintain the property as it is currently. Mr. Ellis responded that after the transaction is completed the Rodi Family will buyout some the controlled leases, become their own tenant, and will be able to modify some of the restrictions thus the value could be enhanced. Councilman Ybaben asked how the City could capture some of the gain that the Rodi Investment Company would realize once the transaction is completed. Mr. Ellis said the appraisal is a market value appraisal assuming the property is exposed to the open market, the motivation of a buyer is not considered. Mayor Yost asked for clarification as to how the income stream was calculated, is it from market property or on this particular property and if the Rodi Trust gains control of the property and can charge any rent they want would the income stream be more. Mr .,.Ellis stated that the income stream to the City is set by 'contract and is not flexible for the next forty years, clarified that the income stream used to analyze the property was the income stream the City receives from the Rodi Trust, what the tenants pay to I I I ---;"~:'." ~".,~:~, I I I ,I'~':.'.' '"ci,: 9-27-04 the Rodi Trust is not controlled by the lease, the City does not participate in that income stream, it has no bearing on the Rodi Trust obligation to the City. Councilman Levitt inquired that if there were other appraisals received would this not be the lower one. The City Manager responded that it is not just the arbitral high or low appraisal, but the middle appraisal would be if the high or low is ten percent one way or the other then they would be disregarded. Mayor Yost asked how many appraisals were done, to that the Manager answered that there were two. Councilman Levitt posed the scenario whereby ten years from now the Rodi Trust were to seek to rezone this property, should that not be part of the consideration to determine the true value of the property. Mayor Yost reminded everyone that the contract is specific as to how this is to be considered. Councilman Antos said the concerns expressed were not to the appraisal rather the dissatisfaction with the contract that the City got themselves into some years ago and the recognition that the property owners can do whatever they choose and the hands of the City are tied. Councilman Ybaben asked if, after hearing the concerns of the community and Council, would he have come to a different appraisal. Mr. Ellis stated that he researched the assignment thoroughly, understands that this is a valuable piece of property to the City, yet this is a solid appraisal analysis. Mayor Yost invited persons wishing to speak for or against this item to do so at this time. Ms. Sue Corbin, Seal Beach, believes that the income stream was manipulated, referred to the Sherman anti-trust law, and claimed the property was run down on purpose. She asked the whereabouts of the three appraisals, who paid for them, and said this should not go forward. Ms. Corbin believes the attorney did not protect the citizens and the City should retain a real estate attorney. Mr. Bob Heenan, President of the Seal Beach Chamber, said he is involved with real estate investment trusts and believes the flaw is that not only was a discounted cash flow analysis used but the property was valued at a rate of inflation yet California property values far exceed appreciation from the rate of inflation and a ten percent discount rate was used therefore why was a discount rate on the inflation rate not used, this is a flaw in the analysis, the property was undervalued by using that mathematical formula. Ms. Reva Olson, Seal Beach, said there is need for another appraisal, no one is denying the Rodi Family should get the property, just get a real estate attorney to look at the contract. Ms. Mizti Morton, Seal Beach, disagreed with legal counsel, said the Council should not consider the option, the appraisal is too low, lots around town are selling much higher, believes the rents were kept low on purpose, and said another appraisal is needed. Mr. Jim Klisanin, broker for Bay Town Realty, did not fault the appraiser, yet said when you appraise beach property you have to throw out formulas because they do not apply. He owns three lots, knows that he can get more, claimed the Zoeter property is being under sold, it could get about ten million. Mr. Whit Latimer, Bancap Commercial Real Estate Services and property manager for the City of Seal Beach, pointed out that the City owns the income stream by a contract agreed to back in 1997, the City hired Mr. Ellis and the Rodi Trust hired a different appraiser, by contract the two met and came up with the value, the City does not have the option to seek another appraiser at this point. Ms. Joyce Parque, Seal Beach, stated the City has the option to get legal advice to sort out this convoluted situation, if 9-27-04 the City has to go to court then do so. She said the property across the street sold for $17,800,000, any lot can be rezoned, and suggested an Orange County appraiser be sought. There being no other speakers, Mayor Yost closed the public hearing. Mayor Yost inquired as to what would happen if the Council/Agency said no to the sale. The City Attorney advised that under the Third Amendment the City has no discretion and because of possible litigation that would need to be discussed in Closed Session. Councilman Larson pointed out that good or bad there is no choice, the agreement was signed long before this Council, the contract states that the Rodi Family has the option to purchase and the City can not withhold the sale, the formula was set forth, each side gets an appraisal, then a third, and split it down the middle. He said the only legal issue is whether the Rodi Trust has the option to buy the property and if the contract specifies how the value is determined, the City does not have an option and is restricted by the agreement. The City Attorney offered that Mr. Ellis would have an opportunity to rebut any statements made, that this is a unique situation unlike someone approaching the City wanting to buy the property at a specific value, the Rodi Trust is valued differently as it has been investing money upgrading the property since 1997. He reminded that this is not residential property, this is not a simple matter, and there are a lot of factors to consider. Councilman Larson said he wished to clarify that if the City gets another appraisal and it is twice as much it would be thrown out and the City would have wasted money on the process. I The City Attorney announced that pursuant to Government Code Section 54956.8 the Redevelopment Agency/Council would adjourn to Closed Session to confer with the real property negotiators with regard to Zoeter School Parcel No. 043-122- 37. The Agency/Council adjourned to Closed Session at 8:20 p.m. I The joint City Council and Redevelopment Agency me~ting reconvened at 8:44 p.m. and the City Attorney reported that there was no direction given and no reportable action taken. Councilman Antos moved, second by Ybaben, to continue this item until the October 11th meeting, that the City contract with an independent law firm with expertise in contracts and real estate law to review the entire current agreement process and the sale of Zoeter Place, and submit a report to the Council/Agency for consideration. upon recommendation of the City Attorney, Mayor Yost reopened the public hearing to be continued to October 11th He explained that when this decision was made by a previous City Council the City was in a difficult situation, the real estate market was depressed, there were lay-offs at City Hall, the City was virtually bankrupt, at that time the direction the Council gave the City Attorney and City Manager was to save Zoeter School without it costing the taxpayers money and this was the vehicle used to accomplish that, the current Council is assessing the obligations of that contract as amended, and is desirous of another opinion on the issues. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried > -4';r,'- " "".~/.",,~ 9-27-04 I PUBLIC HEARING / RESOLUTION NUMBER 5271 - RESOLUTION NUMBER 04-02 - TRANSFER - ANIMAL CARE CENTER PROPERTY Mayor Yost declared the public hearing open to consider transfer of the Animal Care Center property. The City Clerk certified that notice of the public hearing was advertised as required by law and reported no communications received for or against the item. Captain Schafer, Police Department, presented a brief report outlining the points set forth in the Organizational Effectiveness Consulting Report presented to the Council at the June '28th meeting. The staff, City Attorney, and representatives from the Friends of Seal Beach Animal Care Center, Inc. have worked out an agreement for the Redevelopment Agency to sell the property on which the Shelter and the adjacent dog play yard occupy to the uFriendsu for one dollar. He pointed out the benefits to both the City and the Friends, the facility can only be used as a Uno kill shelteru. Mayor Yost invited members of the public wishing to speak to this item to come to the microphone and state their name for the record. Ms. Annelle Aveani-Baun, Seal Beach, thanked the Council for conveying this property to the uFriendsu which will enhance the lives of the animals in Seal Beach and has saved over 35,000 animals, the Friends plan on extending the cat in-house area and improve the shelter overall, and showed digital pictures of what some of the improvements might look like. There being no other speakers, Mayor Yost closed the public hearing. I Councilman Levitt was pleased to see that there was no controversy over this item. At the request of a member of the audience, Mayor Yost reopened the public hearing. Ms. Karen Hadley, 8th Street resident, said she supports and donates to the Animal Shelter but is upset that the City is eliminating one of the Animal Control Officers, claimed she was not treated well by a former City employee, and has decided not to leave any money or property to the City. Ms. Hadley stated her concerns over the City loosing valuable employees and contracting everything out. Ms. Julie Shields, Animal Care Center liaison since 1989, thanked the Council for their support, the volunteers are behind the sale one hundred percent, and look forward to the challenge. Ms. Jean Ashmead, Seal way, expressed sadness about loosing the two Animal Control Officers. Ms. Sue Corbin" Seal Beach, concurred with another speaker about how the citizens are treated at City Hall and restated her comments with regard to the City Manager and City Attorney. Mr. Chuck Feenstra, Seal Beach, was concerned about getting rid of the Animal Control Officers. There being no other speakers, Mayor Yost closed the Public Hearing. I Councilman Antos wanted clarification as to where the language could be found regarding boarding of animals at the Care Center. Captain Schaefer said it was not in the purchase agreement but in the CC&R'S, the section would provide a provision for that use if the Friends so desire. Ybaben moved, second by Levitt, to approve Resolution Number 5271 entitled UA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH, AS SELLER, AND THE FRIENDS OF SEAL BEACH ANIMAL CARE CENTER, INC., AS BUYER.u By unanimous consent, full reading of Resolution Number 5271 was waived. 9-27-04 AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried Larson moved, second by Antos, to approve Resolution Number 04-02 entitled uA RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH AUTHORIZING A PURCHASE AND SALE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH, AS SELLER, AND THE FRIENDS OF SEAL BEACH ANIMAL CARE CENTER, INC., AS BUYER.u By unanimous consent, full reading of Resolution Number 04-02 was waived. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ADJOURNMENT It was the order of the Chair, with consent of the Agency, to adjourn the meeting to October 11th, 2004 at 7:00 p.m. to meet in joint session with the City Council. By unanimous consent, the meeting was adjourned at 9:05 p.m. ~~ ~r}J/f~ / Ci Y lerk and ex-o lcio clerk of the City of Seal Beach Approved: it( Mayor Attest: cLr~, ~{/YU;V C~ty C erk I Seal Beach, California september 27, 2004 The City Council of the City of Seal Beach met in regular session at 9:26 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. ROLL CALL present: Mayor Yost Councilmembers Antos, Larson, Levitt, Ybaben None Absent: Also present: Mr. Bahorski, City Manager Mr. Barrow, City Attorney Mr. Whittenberg, Director of Development Services Mr. Vukojevic, Interim Director of Public Works/City Engineer Chief Sellers, Police Department Captain Schaefer, Police Department Ms. June Yotsuya, Assistant City Manager Mrs. Devine, City Clerk I ,.cr_... '.:..,..,;';;'", 9-27-04 APPROVAL OF AGENDA Mayor Yost requested Items uJu, upu, and UU" be removed from the Consent Calendar for separate consideration. Antos moved, second by Larson, to approve the order of the agenda as revised. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PRESENTATIONS/PROCLAMATIONS PROCLAMATION Mayor Yost read the title of the proclamation. Antos moved, second by Larson, to proclaim uFire Prevention Week - October 3-9, 2004u. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I ORAL COMMUNICATIONS Mayor Yost declared Oral Communications to be open. Ms. Jeannette Litler, Regional Director for No on Proposition 68, gave a brief summary of same, and requested the Council to support and pass the resolution UNo on Prop 68u. Ms. Joyce Parque, Seal Beach, thanked the Council for agreeing to hire an outside attorney to look into the Zoeter issue, she referred to billing records of the City Attorney and questioned contracting for risk management. Ms. Reva Olson, Seal Beach, stated she is still concerned about the Zoeter appraisal and does not believe they have a valid contract. Ms. Sue Corbin, Seal Beach, agreed it is not a valid contract, there should be three appraisals, also expressed her concerns with regard to the City Attorney, City Manager, and warned the Council they have a duty to make certain things are done properly. Ms. Joan Livingston, 8th Street, stated that the Tran family, owners of Oster donut shop on Marina Drive is dealing with a personal crisis and some of the community members have set up an account to receive donations on their behalf. Mr. Bob Heenan, President of the Seal Beach Chamber, referred to the Car Show for 2005, this is the main fundraiser for the year and it supports events like the Holiday parade, and offered to work with the City. Councilman Antos stated that he would be happy to meet with the Chamber to resolve the issues. The City Manager said that there would be no fee for the Christmas parade as it is a joint event, however a special event application needs to be filled out and a resolution adopted ,to close the PCH turn pockets. Ms. Karen Hadley, 8~ Street, said that she will support the Tran Family, the Animal Care Center does a wonderful job, her reason for speaking is to support the Animal Control Officer for all her hard work, and claimed she will make sure the City Manager will loose his job if the City does not do right by her. Mr. Chuck Feenstra, Seal Beach, read a letter regarding the Animal Care Center, Animal Control Officers, and contracting out to the City of Long Beach. There being no other speakers, Mayor Yost declared Oral Communications closed. I CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT No report was presented. 9-27-04 COUNCIL COMMENTS Councilman Larson requested the cancellation of the October 25th, 2004 Council meeting. There being no objection, Mayor Yost confirmed the cancellation of the October 25th City Council meeting. The Mayor mentioned an allegation of the FBI investigating Seal Beach, to which he asked the City Clerk and City Attorney if there had been any inquiry from that agency {nto any City business, the response was no. I COUNCIL ITEMS RESOLUTION NUMBER 5272 - OPPOSING PROPOSITION 68 Mayor Yost inquired if the Council wished to take an official position on proposition 68 relating to Indian gaming, one of the racetracks identified would be Los Alamitos that would impact the City of Seal Beach. with no other comments from the council, Mayor Yost moved, second by Larson, to adopt Resolution Number 5272 entitled, UA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH IN OPPOSITION TO PROPOSITION 68, THE GAMING REVENUE ACT OF 2004.u By unanimous consent, full reading of Resolution Number 5272 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried APPOINTMENT Antos moved, Higginbotham District One July 2005. - PARK AND RECREATION COMMISSION seconded by Yost, to appoint Ms. Claudia to the Park and Recreation Commission as the representative for the unexpired term ending AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I CONSENT CALENDAR - ITEMS "D" thru "U" Larson moved, second by Ybaben, to approve the recommended action for items on the Consent Calendar as presented, except Item uJu, upu, and "uu removed for separate consideration. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried WAIVER OF FULL READING Approved the waiver of reading in full of all resolutions and ordinances and that consent to the waiver of reading shall be deemed to be given by all Councilmembers after the reading of the title unless specific request is made at that time for the reading of such resolutions and ordinances. D. , , Approved the minutes of the September 13, 2004, regular adjourned and regular meetings. E. Approved regular demands numbered 47914 through 48164 in the amount of $799,574.53, ADP payroll demands numbered 12367737 through 12367836 in the amount of $193,906.50, and authorized warrants to be drawn on the Treasury for same. I F. Received and filed the Monthly Investment Report for August, 2004. . .~'" I 9-27-04 G. Approved the Orange County Transportation Authority Master Funding Agreement Amendment No. 9 to Cooperative Agreement Number C95-991. H. Received and filed the Annual Concrete Rehabilitation Program, fiscal year 2004/2005, Project No.50179. 1. Adopted Resolution Number 5273 entitled UA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE DISADVATAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND OVERALL ANNUAL GOAL OF FOUR POINT FIVE PERCENT (4.5%) FOR FEDERAL FISCAL YEAR 2004/2005, FOR ADOPTION AND SUBMISSION TO THE CALIFORNIA DEPARTMENT OF TRANSPOTATION (CALTRANS)." By unanimous consent, full reading of Resolution Number 5273 was waived. K. Approved plans and specifications and authorized staff to initiate the bidding process for decommissioning of Well Number 7, located on Westminster Avenue adjacent to the Naval Weapons Station entrance site, project No. 50072. L. Received and filed the winter sand dike (berm) schedule and operations time line and construction activities. M. I Received and filed the Regional Water Quality Control Board Sewer Waste Discharge Requirements response letter - status report on the Capacity Assurance and Sewer System Rehabilitation Plans in accordance with General Waste Discharge Requirements for Sewage Collection Agencies in Orange County, Order No. R8-2002-0014. N. Adopted Resolution Number 5274 entitled UA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 05-04, FOR THE USE OF THE SOCCER FIELD AT ARBOR PARK BY THE AMERICAN YOUTH SOCCER ORGANIZATION." By unanimous consent, full reading of Resolution 'Number 5274 was waived. O. Adopted Resolution Number 5275 entitled UA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 05-05, FOR COLLEGE PARK EAST ENTRYWAY SIGN IMPROVEMENTS." By unanimous consent, full reading of Resolution Number 5275 was waived. Q. I Adopted Resolution Number 5277 entitled UA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 05-07, FOR THE COUNCIL CHAMBER CARPETING AND SEATING IMPROVEMENTS." By unanimous consent, full reading of Resolution Number 5277 was waived. R. Adopted Resolution Number 5278 entitled UA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFONRIA, AUTHORIZING A BUDGET AMENDMENT, NO. 05-08, FOR THE SEWER SYSTEM MASTER PLAN UPDATE, SEWER CAPACITY ASSURANCE PLAN, SEWER RATE STUDY AND SEWER SYSTEM REHABILITATION PLAN." By unanimous 9-27-04 consent, full reading of Resolution Number 5278 was waived. S. Received and filed the design update on the West End Pump Station and the expiration of bids for the West End Pump Station Urban Run-off Diversion Project No. 50050, and rejected all bids received. T. Received and filed the design update for the Sand Retention Groin Rehabilitation, Project No. 50147. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "Ju - CAPITAL IMPROVEMENT PROGRAM - AMENDMENT MAINTENANCE REPAIRS - MAIN STREET - PROJECT NO. 49674 AND 50176 Mayor Yost requested that steam cleaning of the Main Street sidewalks be placed on the October 11th agenda for consideration. Larson moved, second by Ybaben, to amend the 2004 Capital Improvement Program to re-allocate $75,000 of unspent Measure M local turnback funds from Fiscal Year 2003/2004 Project No. 49674, to Fiscal Year 2004/2005 project No. 50176 and approve maintenance street repairs on Main Street. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried ITEM uP" RESOLUTION NUMBER 5276 - MARINA DRIVE RECREATIONAL TRAIL LANDSCAPING / BUDGET AMENDMENT Mayor Yost noted a staff correction to this item, the mid- year budget amendment for fiscal year 2005-2006 will be required for future landscape maintenance costs in addition to Budget Amendment No. 05-06 of $70,000. Yost moved, second by Antos, to adopt Resolution Number 5276 entitled UA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET AMENDMENT, NO. 05-06, FOR THE LANDSCAPING OF THE MARINA DRIVE RECREATIONAL TRAIL." By unanimous consent, full reading of Resolution Number 5276 was waived. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried ITEM uUu ORDINANCE NUMBER 1531 - ORDINANCE NUMBER 1532 BRIDGEPORT ZONE TEXT AMNEDMENT 04-3 AND ZONE CHANGE 04-1 Larson moved, second by Antos, to adopt Ordinance Number 1531 entitled UAN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE MUNICIPAL CODE OF THE CITY OF SEAL BEACH TO CHANGE THE TITLE OF THE CURRENT RESIDENTIAL LOW DENSITY (RLD) ZONING REVISIONS TO RESIDENTIAL LOW DENSITY - 5000 (RLD - 5000); TO ESTABLISH THE RESIDENTIAL LOW DENSITY - 3000 (RLD - 3000) ZONE, SECTIONS 28-450 THROUGH 28-456; AND TO MAKE OTHER CONFORMING AMENDMENTSu and Adopt Ordinance Number 1532 CITY OF SEAL BEACH ADOPTING DENSITY 5000 (RLD-5000) AND (RLD-3000) ZONING AREAS).u reading of Ordinance Number was waived. I entitled uAN ORDINANCE OF THE ZONE CHANGE 04-1 (RESIDENTIAL RESIDENTIAL LOW DENSITY 3000 By unanimous consent, full 1531 and Ordinance Number 1532 LOW ---'-.. .;;...-.....-' I I I 9-27-04 AYES: NOES: ABSTAIN: Antos, Larson, Levitt, Ybaben None Yost Motion Carried PUBLIC HEARING None NEW BUSINESS RESOLUTION NUMBER 5279 - AGREEMENT - AFTER HOURS ANIMAL CONTROL SERVICES CONTRACT - CITY OF LONG BEACH - and RESOLUTION NUMBER 5280 - AGREEMENT - FULL SERVICE ANIMAL CONTROL SERVICES - CITY OF LONG BEACH - and RESOLUTION 'NUMBER 5281 - AGREEMENT - SEAL BEACH ANIMAL CARE CENTER Captain Schaefer, Police Department, presented the staff report outlining the contracts for animal control services, confirmed that the same services will be provided to the community as well as services for wildlife related matters, will also provide licensing in the field and at the Seal Beach Care Center, this will eliminate licensing responsibilities of the Police Department staff which will enable a shift of current staff time to core public safety tasks, as articulated in the police services study. The final recommendation would be to deem the 1995 Chevrolet S-10 truck surplus equipment and authorize the City Manager to sell the truck to the Seal Beach Animal Care Center for one dollar. The City of Long Beach will not be providing animal shelter services, this will be done at the Seal Beach Animal Care Center, an agreed upon yearly cost of $9,000 will be given to the Animal Care Center as well as $1,000 a year for emergency treatment of injured animals. Captain Schaefer reported that eight residents sent letters of concern with degradation of service, noted that he and a representative of the Center have worked with the Long Beach shelter to make certain they are completely aware of the concerns of Seal Beach, especially the position of the "no killu shelter. Mr. Wes Moore, Manager of Long Beach Animal Control, indicated that the service will not be the same as having a full time officer during the day however they will be patrolling the City on a regular basis and will not be taking Seal Beach animals to Long Beach, only the animals who will need to be quarantined or held for evidence will go to their facility. Larson moved, second by Ybaben, to adopt Resolution Number 5279 entitled uA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE SECOND AMENDMENT TO AN AGREEMENT BETWEEN SEAL BEACH AND THE CITY OF LONG BEACH FOR ANIMAL CONTROL SERVICES", And adopt Resolution Number 5280 entitled uA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN AGREEMENT BETWEEN SEAL BEACH AND THE CITY OF LONG BEACH FOR ANIMAL CONTROL SERVICES", And adopt Resolution Number 5281 entitled uA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN AGREEMENT BETWEEN THE CITY AND THE FRIENDS OF SEAL BEACH ANIMAL CARE CENTER, INC. A CALIFORNIA PUBLIC BENEFIT CORPORATION FOR ANIMAL CARE SERVICES", And authorize the sale of the 1995 Chevrolet S-lO surplus vehicle to the Seal Beach Animal Care Center for the sum of $1.00. By unanimous consent, full reading of Resolution Number 5279, Resolution Number 5280, and Resolution Number 9-27-04 5281 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion Carried AGREEMENT WITH BIXBY RANCH COMPANY - OLD RANCH TENNIS CLUB The City Manager stated that during renovation of the - Old Ranch Tennis Club facility there is a service and benefit to maintain the club membership, therefore staff has negotiated an agreement with Bixby Ranch Company to continue to maintain the current level of operation for a period of about three months, this means that the Tennis Club will not be open to the general public during the improvement period. This will give the City a chance to make the needed improvements and to negotiate with the future operator of the facility. The physical improvements have been outlined and the improvement cost in the amount not to exceed $500,000 will come from the Bixby Old Ranch Towne Center Development Plan. Councilman Ybaben added that the insurance company recommended that the Tennis Club not be open to the public during construction because of the risks and insurance requirements. He would like to recommend that the City rename the facility the Seal Beach Tennis Center to promote not only tennis but health and fitness activities as well, and would like to have the remainder of the mitigation funds from Bixby recorded so they can tracked as to where the monies are being spent. Councilman Ybaben said he would like to see the facility used by the community for meetings and events and announced that he will be holding a Town Hall meeting on October 20th in the clubhouse to introduce the facility to the College Park East neighborhood and to demonstrate its use as a community resource and community center, one of the goals would be to organize a committee to fundraise to get support from the community and businesses. His belief is that College Park East should get first call on the mitigation funds and one area in need of improvement would be Bluebell Park. Councilman Larson recalled prior discussions with the former councilperson with regard to the mitigation funds, and noted that this will be a public facility not a College Park East facility. Councilman Ybaben stated that the facility is a City facility but during renovation should be limited to members and there will be a grand opening sometime in January. Councilman Larson asked for a guarantee that this will be a public facility and the first call for the money should be for the Tennis Club. Councilman Levitt questioned the agenda item in that it should be open to the public if City funds are being used. The City Manager stressed that the City owns the Tennis Center and that process is complete, with limited access the construction will go faster, this is a good mid step. Mayor Yost said he believed the mitigation funds were to be used to upgrade the Tennis Center, that it will also be a jewel for the City and should be named Seal Beach Tennis Center, he has some concern with excluding the public. Councilman Ybaben suggested that Bixby could be told to accept members at no joining fee, just pay the regular monthly rate. I I I Ybaben moved, second by Larson, to approve authorization for the City Manager to contract with Bixby Ranch Company for interim management and maintenance of Old Ranch Tennis Club and to authorize the City Manager and staff to proceed with physical improvements to the property not to exceed $500,000 in order to improve the tennis facility for public recreational use and if necessary, use Design-Build Contracts per the Charter to perform all necessary design build - ","-"""~ '., ., ,,);'-""'" 9-27-04 / 10-11-04 requirements for the project. The City Attorney mentioned that there was a minor change to Article Four, the contractor requested a mutual indemnification, wants the City to indemnify them for any acts by the City, this is a reasonable request. I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried CLOSED SESSION The City Attorney announced that the City Council would resume Closed Session pursuant to Government Code Section 54956.9 (b) and (c). The Council adjourned to Closed Session at 10:43 p.m. and reconvened at 11:12 p.m. with Mayor Yost calling the meeting to order. Mayor Yost stated that with the possibility of purchasing the remainder parcels of the Zoeter School site, a facilities report was conducted to look at the quality of the existing facilities. Mayor Yost reported that Council was made aware, as is the case of most older buildings, that there was a presence of asbestos and lead in the day care facilities, therefore it is the feeling of the Council at this time that in the best interest of the health and safety of the children that the City will close the day care facilities until further notice and will make every effort to help with the inconvenience this will cause. Staff will be on site the following day to answer questions from families and will keep everyone informed as to what needs to be done. I ADJOURNMENT It was the order of the Chair, with, consent of the Council, to adjourn the meeting until October 11th, 2004 at 6:00 p.m. to meet in Closed Session if deemed, necessary. By unanimous consent, the meeting was adjourned at 11:14 p.m. ~)u. j,O/~1 City C erk and ex-officio clerk of the City of Seal Beach Approved: tr ~ IJj/N/11"/ City Clerk " Attest: I Seal Beach, California October 11, 2004 Mayor Yost called the regular adjourned session of the Seal Beach City Council and Seal Beach Redevelopment Agency special session to order at 6:00 p.m. The Redevelopment Agency Special Meeting Notice read as follows: