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HomeMy WebLinkAboutCC Min 2004-10-11 I I I 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. 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. 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. ex-officio clerk Seal Beach Approved: ~r ~J/lIIn; .' Clerk Attest: ~y 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: 10-11-04 CALL AND NOTICE OF SPECIAL MEETING OF THE SEAL BEACH REDEVELOPMENT AGENCY TO THE PUBLIC AND MEMBERS OF THE BOARD OF DIRECTORS OF THE SEAL BEACH REDEVELOPMENT AGENCY: Charles Antos, 136 - 14th Street #A, Seal Beach John Larson, 13741 Annadale Drive #18G, Sea'l Beach Michael Levitt, 1320 Knollwood Road #42F, Seal Beach Ray Ybaben, 4373 Hazelnut Avenue, Seal Beach Paul Yost, 485 Schooner Way, Seal Beach I YOU ARE HEREBY NOTIFIED THAT, pursuant to Section 54956 of the California Government Code, Chairman Charles Antos hereby calls a special meeting of the Seal Beach Redevelopment Agency to be convened in the City Council Conference room, Seal Beach City Hall, 211 - 8~ Street, Seal Beach, California, 90740 on Monday, October 11th, 2004 at 6:00 p.m. The business to be transacted at the special meeting is as follows: A Closed Session pursuant to Government Code Section 54956.8 to have a conference regarding real property negotiations concerning the property located at 1190-1198 Pacific Coast Highway and to take any and all actions relating thereto. Conference with legal counsel pursuant to Government Code Section 54956.9(b). A point has been reached where, in the opinion of the Board on the advice of its legal counsel, based upon existing facts and circumstances, there is a significant exposure to litigation against the Agency. Please note that members of the public will be provided the opportunity to directly address the Board concerning any item described above before the Board considers such items. No other business shall be considered. I DATED THIS 4th day of October, 2004. lsianedl Charles Antos, Chairman Seal Beach Redevelopment Agency ROLL CALL Present: Mayor Yost Councilmembers/Agency Members 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 Mrs. Devine, City Clerk I The City Attorney advised this would be the time for members of the public to address the Council/Agency on any item listed on the Closed Session agenda. Mr. Jim Caviola, Seal Beach, stated he had a representative from the Bixby Ranch Company evaluate the proposed Zoeter '..'......,. I I I ,......_~ :') "" - ~,'-:"'" . 10-11-04 option, it ~as pointed out that the property was being sold at twenty-n1ne cents on the dollar, said he would like to obtain a copy of the City's opinion of the analysis this is the public's property and they should have a copy of the report. Mr. Brian Kyle, business owner in Seal Beach, said he went through the appraisal, it was based on the income from the property not fair market value, in 1996 there was an amendment to the agreement which the City should not have accepted, it is paragraph five of the third amendment to the master lease, the option to purchase, it does not say the price is to be based on the income rather the fair market value of the property, the City needs to negotiate a better price. Ms. Reva Olson, Seal Beach, stated that the City needs a qualified consultant/attorney to look at the lease, does not believe it is valid. Mr. Roger West, Electric Avenue, asked the Council to make an effort to establish the value of the property before the sale. Ms. Joyce Parque, Seal Beach, said the City should get out of this deal, very suspicious, no disclosures to the public back in 1996, and the property management company should not tell the City what the value is. Mr. Jim Klisanin, 11th Street, expressed his opinion that the City should get more for the Zoeter property, it should be worth between six and eight million dollars, and made reference to the sale of the Main Street mall which he said sold for three million and the Pavilion Center that sold for seventeen million. CLOSED SESSION The City Attorney announced that the City Council and Redevelopment Agency would meet in Closed Session pursuant to Government Code Sections 54956.8 and 54956.9 (b) to discuss the items identified on the agenda, a conference with the real property negotiators with regard to the Zoeter School day care facilities, property located at 1190-1198 Pacific Coast Highway (Zoeter), and to confer with legal counsel with regard to two cases of anticipated litigation. Councilman Larson stated he did not receive the document sent by means of e-mail by Councilman Ybaben therefore would not participate in the Closed Session because his belief is that this should be discussed in public. Councilman Ybaben spoke of technical difficulties and offered copies of the documents to the Council. Mayor Yost said he did not have a problem discussing the items in public however there were other matters that needed to be dealt with in Closed Session. The City Attorney concurred that there are other issues aside from the issue of the Zoeter properties, and reminded that the continued hearing will provide an opportunity for the public to discuss the Zoeter sale. He explained that there are legal opinions involved that the independent counsel needs to present to the Council/Agency with regard to the sale, his recommendation would be that that be discussed in Closed Session, that decision is at the discretion of the Council however there is potential for exposure to litigation, and pursuant to the Brown Act there are grounds for a Closed Session. Councilman Ybaben offered Councilman Larson and other members a copy of his e-mail attachment, to that Councilman Larson stated his e-mail said there was no attachment. Mayor Yost noted the suggestion of the attorney to the Council that they meet in Closed Session however he did not have a problem discussing the sale of Zoeter in public if Councilman Larson concurred. Councilman Levitt recalled that at the last meeting it was said there was not a lot of options, if there are other options however then the public needs to be informed. The City Attorney suggested the 10-11-04 council meet in Closed Session to discuss the other items, 'the Zoeter public hearing item will be during the 7:00 p.m. meeting, at that time decide if the Council/Agency want to hear the opinions of the other attorneys and determine if the Council/Agency wants to waive the attorney/client privilege to release any document presented to the public. Councilman Larson asked if the document that Councilman Ybaben distributed to the Council/Agency is a public record, the attorney responded that the document is not covered under the attorney/client privilege. I The Mayor advised that the Council/Agency would not be discussing agenda Items "B" and "D" in Closed Session, the conference with the real property negotiators with regard to 1190-1198 Pacific Coast Highway (Zoeter Place) and a conference with legal counsel relating to anticipated litigation against the Redevelopment Agency. The Council adjourned to Closed Session at 6:23 p.m. and reconvened at 7:10 p.m. with Mayor Yost calling the meeting to order. The City Attorney confirmed that the Redevelopment Agency did not participate in the Closed Session, however the City Council had considered Items "A" and "CO, a conference with the real property negotiators relating to Zoeter School Parcel 043-122-37, the day care facilities, and one case of anticipated litigation against the City, and reported there was no reportable action taken. ADJOURNMENT It was the order of the Chair, with consent of the Council/Agency, to adjourn the Council and special Agency meeting at 7:11 p.m. I ~~ t..O/~U1'/ C1 Y lerk and ex-off1cio clerk of the City of Seal Beach Approved: l{ Mayor Attest: J". ~ 'IY! j~ " /tlI;' j City C erk Seal Beach, California October 11, 2004 I The City Council of the City of Seal Beach and Redevelopment Agency met in a regular joint session at 7:12 p.m. with Mayor Yost calling the meeting to order with the Salute to the Flag. I I I 10-11-04 ROLL CALL Present: Mayor Yost Councilmembers/Agency Members 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. Yotsuya, Assistant City Manager Ms. Lee, Human Resources Analyst Mrs. Devine, City Clerk PUBLIC HEARING / EXERCISE OF PUCHASE OPTION - ZOETER PLACE (1190-1198 PACIFIC COAST HIGHWAYl Mayor Yost stated that the public hearing relating to the transfer of Zoeter Place (1190-198 Pacific Coast Highway, Seal Beach) would remain open and continued to the November 8, 2004 joint City Council/Redevelopment Agency meeting. There being no objection from the Council/Agency members, the matter was carried over. ADJOURNMENT OF REDEVELOPMENT AGENCY It was the order of the Chair, with consent of the Agency, to adjourn the Redevelopment Agency meeting until November 8th, 2004 at 6:30 p.m. to meet in joint session with the City Council and Closed Session if deemed necessary. By unanimous consent, the agency meeting was adjourned at 7:14 p.m. The City Council regular meeting commenced. APPROVAL OF AGENDA Ybaben moved, second by Antos, to approve the order of the agenda as presented. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried PRESENTATIONS/PROCLAMATIONS There were no presentations made or proclamations presented for consideration. ORAL COMMUNICATIONS Mayor Yost declared Oral Communications to be open. The following persons made comments with regard to the importance of the reopening of the Sun 'N Fun Co-op: Ms. Tara North, Long Beach; Mrs. Jeanette Wilson, Beryl Cove; Ms. Tish Nighswonger, College Park East; Ms. Lee Sarasinas, Long Beach; Mr. Biff Horvasin, MarVista; Ms. Deborah Harding, 7th Street; Mr. Josh Haney, 13th Street. Ms. Jeanette Thompson, Director/Teacher of Sun 'N Fun for twelve years, said the pre-school has been in operation for forty years, several hundred children have gone through a quality program that builds confidence in relationships as well as positive social and emotional development. She commended the Council for their concern for the safety of the children yet said she believes it is the responsibility of the Council to get the school functioning as soon as possible. Ms. Sue Corbin, Seal Beach, gave a brief history of day care schools, stated this 10-11-04 facility was purchased for the children, claimed the City , Manager is not doing what is right for the people, and aga1n stated there was a federal investigation in the City several years ago. Parents expressing concerns about the Under the Rainbow day care facility: MS. Linda Paul, Huntington Beach; Ms. Nicole Paulos, Seal Beach; Ms. Jennifer Danielson, Hill area; Mr. Don Salisbury, Hill area. Mr. Stan Anderson, resident and business owner, announced that the Seal Beach HOliday Parade would be December 3"d, sponsored by the Seal Beach Chamber and Seal Beach Host Lions. He also commented on the continuation of the Seal Beach Car Show and Sidewalk Sale, spoke with regard to the Seal Beach Pavilion Center and other issues. Ms. Joyce Parque, Seal Beach, said if the City closes the pre-schools then it also needs to clo~e Ruby'S on the pier, as the condition of the building is just as dangerous. She thanked the Redevelopment Agency for continuing the decision on the sale of Zoeter property, said she believes the property management company is pushing for the sale, and that the former City Manager knew the Rodi family. There being no other speakers, Mayor Yost declared Oral Communications closed. I CITY ATTORNEY REPORT No report was presented. CITY MANAGER REPORT In response to comments made, the City Manager reminded the public that on file in the City Clerk's office is a complete report dated June 28, 2004 relating to the Zoeter property, including the day care facilities, the City had the option to purchase the land from the School District, also a Citywide facilities assessment was done when a member of the Council inquired if there was any testing done for asbestos and lead, and upon reviewing the files there was no record of testing at that time. The Manager explained that testing has now been done and after receiving the report the Council took steps for the safety of the children. I COUNCIL COMMENTS Councilman Larson said as a grandparent he knows how hard it is to get quality day care, and stressed that the Council took into account the needs of the children as well as the parents. Councilman Levitt offered that the Council did what they needed to do which was to close the day care facilities until it could be ascertained whether it was safe for the children to be in the buildings, there was no ulterior motive to make a profit. Councilman Ybaben said he wanted to dispel the rumor of a conspiracy theory, a study was done, a report came back showing signs of lead and asbestos, consideration was given to the impact this would have on the families but there was no other option but to consider the health and safety of the children. Councilman Antos stated to the public that the Council did not discuss in public or in Closed Session the subject of the Zoeter school property, whether to sell it or to put houses on it, the only reason any action was taken was for the safety of the children. Mayor Yost advised that there was a report later on the agenda as to what will happen to the day care sites, his intent is to keep this site as public land use as long as he is on the Council. Councilman Ybaben 'announced that he will be holding a Town Hall meeting on October 20th at 7:00 p.m. at the Seal Beach Tennis Center, this will be an open forum, the District Four representatives who serve on the City boards, commissions, and committees will be introduced, and City staff will be present to respond to questions. I '" L"~" ,_<,1'~( 10-11-04 COUNCIL ITEMS MAIN STREET SIDEWALK STEAM CLEANING Mayor Yost said he requested the matter of sidewalks be placed on the agenda for information. The Interim Director of Public Works presented a brief report as to what the Department is currently doing as maintenance on Main Street as well as the Capital Improvements over the past few years, at this time staff is looking for direction from the Council as to whether the desire is to initiate pressure/steam cleaning of the sidewalks on Main Street. The preliminary annual cost ranges from $36,000 to $48,000, one concern is possible damage to the pavers. Councilman Antos requested a breakdown report of seasonal, monthly, etc. costs so the Council will have options. He made reference to the new news racks and asked if all of the racks have been removed, the response was that they have however, not all of the new racks have been installed. I CONSENT CALENDAR - ITEMS "C" thru "G" Larson moved, second by Antos, to approve the recommended action for items on the Consent Calendar as presented. AYES: NOES: I E. I F. 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. C. Approved regular demands numbered 48165 through 48262 in the amount of $1,422,544.64, ADP payroll demands numbered 12637553 through 12637650 in the amount of $214,490.86, and authorized warrants to be drawn on the Treasury for same. D. Approved Resolution Nuinber 5283 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING THE THIRD AMENDMENT TO AN AGREEMENT BETWEEN SEAL BEACH AND THE CITY OF LONG BEACH FOR MAINTENANCE OF PARKING METERS IN SEAL BEACH." By unanimous consent, full reading of Resolution Number 5283 was waived. Received and filed the 2003/2004 Program Effectiveness Assessment (PEA) for the City of Seal Beach Storm Water Quality Local Implementation Plan (LIP) in accordance with the requirements of the Santa Ana Regional Water Quality Control Board adopted order number R8-2002-001. Adopted Resolution Number 5282 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE POSITION CLASSIFICATION PLAN TO INCLUDE THE POSITION OF POLICE ADMINISTRATIVE SERVICES COMMANDER." By unanimous consent, full reading of Resolution Number 5282 was waived. G. Approved the minutes of the September 27, 2004 regular adjourned, joint City Council ,and Redevelopment Agency, and regular meetings. 10-11-04 AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried ZOETER SCHOOL - DAY CARE SITE UPDATE The Interim Director of Public Works presented preliminary test results for the Zoeter day care school, asbestos particles in the atmosphere were below threshold levels, lead dust samples for Sun 'N Fun were within the guidelines, however Under the Rainbow buildings A and B showed lead dust levels above the guidelines as well as aerosolized mold contamination. He stated that preliminary information for clean up ranges from $200,000 to $400,000,. alternatives for Council consideration would be to keep the entire site closed, clean and certify Sun 'N Fun to reopen, and authorize additional testing to determine risk assessment strategies for re-opening, the long term alternatives should be discussed as to community needs, costs, funding, legal responsibilities, as well as advantages and disadvantages. Council inquired as to when and how Sun 'N Fun could be reopened, the response was that it could reopen as early as next week, the City and contractors doing the work will certify the site, the closing off of the secondary entrance will need to be kept in mind during abatement of the second site. The Interim Director mentioned also that the outdoor area will also have to be cleaned and the school will need to be educated as to the proper maintenance of the site, the upkeep and repairs will need to be verified. As far as the Under the Rainbow facility they will need, to do full treatment of the lead issue and correct the leaking roof. Meredith & Associates Inc. representatives Stuart Michener and James Bahng were present to explain the process necessary to reopen, a suggestion would be to encapsulate the lead paint surface areas and repaint so as not to create more of a problem. To reopen the cost to Under the Rainbow would be approximately $200,000 and about $20,000 to Sun'N Fun. Sun 'N Fun could continue to operate during the interior repair of ,Under the Rainbow however some precautions would need to be taken when work is being done outdoors. With regard to personal items of the children at under the Rainbow, the recommendation is that any porous items such as blankets, sweaters, stuffed animals, etc. be disposed of due to contamination, hard surface items may be cleaned. Antos moved, second by Larson, to authorize staff to work with Sun 'N Fun Co-op, to provide them with the necessary information to move forward to go through the process to recertify the problem and open. The Council commended the Interim Director of Public Works and staff for their outstanding work, thanked the parents for their kind letters, and clarified that Under the Rainbow will not be reopened as there is considerable work to be done, staff will have to work with the Director to determine whether or not the work can be done and as to who is responsible for getting this work done the City will have to review the lease. I I AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I COASTAL COMMISSION APPLICATION / RUBY'S DINER RESTAURANT The Director of Development Services presented the staff report with regard to the proposed outdoor dining area for Ruby's on the pier. It will be necessary to forward the letter to the Coastal Commission reflecting the position of the City and clarified that the Coastal Commission application was prepared by Ruby's. The Director mentioned that the fishing boat operation and bait shop have been ..........,..,...... .\j&r<...,.:.'. 10-11-04 / 10-25-04 I closed for three years and the City has not been successful in finding another operator. The addition to Ruby's falls under the Public Land Use zone and would be built on the ocean end of the restaurant, this was a concern stated by the Mayor. The City Manager mentioned that the interest of fishermen has been protected in as much as the Department of Fish and Game has already checked the minimal amount of space needed, also the trash area will be moved to the location of the bait shop, and public restrooms will be added. Levitt moved, second by Larson, to authorize the Mayor ProTem to sign the letter to the Coastal Commission regarding Coastal commission Application No. 5-03-521, Ruby's Diner Restaurant, and authorized the Director of Development Services to attend the Coastal Commission meeting and respond to issues and concerns on behalf of the City. AYES: NOES: ABSTAIN: Antos, Larson, Levitt, Ybaben Yost None Motion carried CLOSED SESSION No Closed Session was held. I ADJOURNMENT It was the order of the Chair, with consent of the Council, to adjourn the meeting until November 8th, 2004 at 6:30 p.m. to meet in joint session with the Redevelopment Agency and Closed Session if deemed necessary. By unanimous consent, the meeting was adjourned at 8:55 p.m. in memory of former City Clerk Jody Weir, resident Bob Latta, and Los Angeles Times reporter for the Seal Beach area, Stanley Allison. J.K Q ~;/4 0 '//ff' / City Clerk and ex-offIcio clerk of the City of Seal Beach Approved: tor Attest: ~y /b;1 Seal Beach, California October 25, 2004 I The regularly scheduled City Council meeting for this date was canceled by action of the City Council on September 27th, 2004. Ci~ ":J~iCiO clerk of the City of Seal Beach