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HomeMy WebLinkAboutRDA Min 1993-08-23 7-26-93 I 8-23-93 ADJOURNMENT Hastings moved, second by Brown, to adjourn the meeting at 6:51 p.m. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried ~~ rXi.1 t. I Seal Beach, California August 23, 1993 ...<,.,0.\.'\.\."".4...\\\\. .#':." 0': ':.,. '\ ./i..;.J.':'....to........'" C,,'\ ........r.. _...' , . f. . . . . . .t. ,"Inu'-.' ...... >! . .... .I ~r""'_..' :I ~: .! f ; ,,., .; /.':., ...... ... :.; ~ ...... ..bo:~" _ .., ,:h $ " . \ ....... ..'~.. \ .-~/. ~ .....:' . ..,....:.".. . ~ "'01' ...=. ':'," ......,._...~.':.,.~ ~. .\ C'o- ~..": ..,f..~ .1!?' The Redevelopment Agency of the city of Seal Beach met in regular session at 6:45 p.m. with Chairman Laszlo calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Chairman Laszlo Agencymembers Brown, Doane, Forsythe, Hastings I Absent: None Also present: Mr. Bankston, Executive Director Mr. Barrow, city Attorney Mr. Whittenberg, Director of Development Services Mrs. Yeo, Secretary WAIVER OF FULL READING Brown moved, second by Doane, to waive the reading in full of all resolutions and that consent to the waiver of reading shall be deemed to be given by all Agencymembers after reading of the title unless specific request is made at that time for the reading of such resolution. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried APPROVAL OF MINUTES Doane moved, second by Brown, to approve the minutes of the July 26, 1993 regular meeting. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I . STATUS REPORT - AB 1290 - REDEVELOPMENT REFORM The Director of Development Services. presented a status report regarding Assembly Bill 1290,' League of California cities and California Redevelopment Association sponsored legislation relating to issues of redevelopment law and the redevelopment process. For information of the Agency, he advised that a letter had been prepared, signed by the Executive Director, 8-23-93 I and forwarded to Sacramento in support of AB 1290, that action taken in order to respond to the committee hearing on this legislation in a timely manner. He stated that an update report will be forthcoming. In response to the Agency, he noted that changes that will apply to agencies established prior to 1994 are substantially different from changes that will apply to agencies established after January 1st, 1994, primarily dealing with reporting requirements, low/moderate income housing outside of the project area, etc., and will not have a substantial impact on the Seal Beach Agency. Hastings moved, second by Brown, to receive and file the AB 1290 status report. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried I RESOLUTION NUMBER 93-3 - AMENDMENTS 'l'O AGRE-EMENTS - SEAL BEACH TRAILER PARK Resolution Number 93-3 was presented to the Agency entitled "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH, CAtIFORNIA, APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENTS TO AGREEMENTS RELATING TO THE SEAL BEACH TRAILER PARK." By unanimous consent, full reading of Resolution Number 93-3 was waived. The Director of Development Services explained that adoption of the proposed resolution will constitute the action necessary to amend the July 14, 1981 Amended Participation and Disposition Agreement and the Amended Declaration of Establishment of Covenants dated July 21, 1981, that approval of an Addendum to each of those documents will incorporate by reference the map entitled "Improvement Plan for the Seal Beach Trailer Park, revised 6- 5-79, sheet 3 of 4", as amended, and as it may be amended from time to time, as the plot plan of the Trailer Park, however pointed out that the 1979 map does not necessarily reflect the accurate location of trailers and cabanas in the Trailer Park as they currently exist. The Director reported that in 1992 the Park management was advised that the city would henceforth be enforcing the trailer space lines as reflected on the 1979 map. He explained that prior to 1992 the Agency and city had not utilized the space lines in determining setbacks required by the California Administrative Code for separations between trailers and cabanas in trailer courts, yet relied on the distance requirements as set forth in State law for the location of new or relocated trailers within the Park. He pointed out that State law preempts the city in the establishment of trailer court standards, thus the State guidelines are followed. The Director reported the Planning Commission had considered and recommended approval of two separate applications relating to the Trailer Park property, a lot line adjustment which realigned the boundary of two of the three underlying deeded parcels which comprise the Trailer Park, the other being a trailer space line adjustment, shifting approximately four and three-quarters feet from one trailer space to an adjacent space. He explained that the intent of the space adjustment is to allow a long-time Park tenant to replace an old twelve foot wide trailer with a newer twenty-four foot wide trailer, and was 'conditioned to require that the map reflect that change. In response to the Agency, the Director explained that there are currently one hundred twenty-five spaces within the Trailer Park, and although the 1979 map reflects lots numbered up to one hundred forty spaces, the total space difference is the result of certain tandem spaces having been initially developed as single depth spaces, twice the depth of a tandem space, also a couple of spaces have been combined to accommodate a larger unit. He pointed out that the agreement with the Park requires that one hundred twenty spaces be designated for low and moderate I ( 1 -'- 8-23-93 income persons, however there is no requirement that specific space be designated as such, also confirmed that the applications under consideration have no impact on that low/moderate income requirement. The Director noted concerns of the Planning Commission as to the impact of these applications on the rent structure of the spaces, ability to maintain the one hundred twenty low/moderate income spaces, I and the easements for road purposes, to which it is the opinion of staff and the City Attorney's office that the adjustments pose no impact on the concerns expressed nor on the existing contractual documents. The Director mentioned also that during the Planning Commission considerations the Park management indicated their intent to prepare a new map showing space lines based upon the current locations of trailers and cabanas within the Park, staff hoping to receive that map within sixty days, afterwhich hearings will be held by the Commission and Council to consider same, also confirmed that the property would be surveyed and the map would then become an attachment to the existing agreements. Chairman Laszlo, with no indicated objection from Agency members, allowed comments from the public. Dr. David Rosenman, Seal Beach, indicated his perception of frustration on the part of the Planning Commission in being limited to addressing only the adjustment of lot lines, and recommended that this item not be adopted until such time as a new survey map is presented. In response to an inquiry of the Chairman, the Director confirmed that the space benefitting from the lot line adjustment would accommodate a twenty-four foot trailer, explained that a triple-wide trailer with a cabana is housed on one adjacent space, the other adjacent space has either a single or two-story unit thereon. Mr. Gordon Shanks, Surf I Place, spoke favorably of the preparation of an up-to-date tract map of the Trailer Park, however suggested that approval be withheld, agreement or penalty imposed should the map not be presented within a prescribed time frame, whether it be sixty days or longer. He voiced concern with the potential for moving lots, citing riverfront lots as the most valuable, questioned from what space the subject four and three-quarters feet is coming from, inquired as to the impact on any low or moderate income resident and/or their space, and cited past experiences whereby an heir was denied the right to sell a unit and acquisition of said unit was eventually attained by the Park owner at a low cost. In response to questions of Agencymember Hastings with regard to the ability to adjust lot lines and the requirement for Quimby Act fees, the Director explained that the Subdivision Map Act allows adjustment of lot lines, as an example three twenty-five foot lots in Old Town have been merged to create two thirty-seven foot lots, and in this case Quimby fees are not required of the new larger trailer space since a new subdivided fee ownership parcel of land is not being created. He explained further that the tenant is leasing the site, does not own the land, rather the site is owned by the owner of the entire Park, the owner has the ability to adjust lot lines to create no more than the three deeded existing lots comprising the Trailer I Park, and should there be a desire to create a fourth deeded parcel, that would fall under the parcel map process with public hearings and the imposition of Quimby Act fees. with regard to the ability of the owner to sell any of the existing three deeded parcels, the Director explained that could not be done as there are covenants that apply to the entire Park, yet by reallocation of the underlying ownership of the lots, such as the lot line adjustment, a separate parcel could be created around what is referred to as the 'pink' house for instance, be sold, and become separate from the ownership of the Park, yet that parcel would still be subject to the terms and \' ' 8-23-93 I conditions of the recorded covenants. Agencymember Forsythe said her understanding is that the City has no legal control over any more than the one hundred twenty low and moderate income lots, the remaining spaces are at the discretion of the Park owner. The Director noted that four and three-quarters feet of land proposed to be transferred is understood to be to a low/ moderate income space, stated he was uncertain as to the specific location of the spaces that are not subject to the low/mOderate income requirement, also should there be question as to whether persons have qualified under the low/moderate income criteria upon locating in the Park an Agency audit of Park records could be conducted to verify compliance, however explained that should the financial condition of a Park resident subsequently improve they are not required to move from the Park, yet in turn if a resident should move from the Park the space must once again be rented to a low or moderate income person. Agencymember Forsythe recalled the agreement by the Park owner when appearing before the Planning Commission to provide the city with a map designating accurate lot line designations within sixty days, and requested that the Agency establish a regular auditing procedure at that time to ensure that the one hundred twenty spaces are maintained for use by low/moderate income persons. Mr. William Dawson, Trailer Park owner, stated the ability for the Agency to audit the low and moderate requirement presently exists within the adopted covenants, a requirement that an audit be done annually, however said that has not been a regular practice. He reported the former Finance Director reviewed Park records some time back to determine compliance with the requirement that sixty spaces be utilized by low income persons and sixty be utilized by moderate income persons, the conclusion being that there were ninety persons of low income and thirty of moderate income. In response to various prior comments, Mr. Dawson stated he is not allowed to charge rents in excess of those set forth on the rental schedule; the Trailer Park is not a legal subdivision nor legally subdivided lots as is the case in other areas of the city, the map displaying one hundred forty spaces is a 'memo map', a number of the existing spaces actually comprising two of the smaller, tandem spaces, therefore said he voluntarily offered to prepare a new map, at his expense, within sixty days for clarification purposes. In reference to the urgency of the matter under consideration, Mr. Dawson stated that the parties on both sides of the subject space have signed an agreement allowing the lot line adjustment, the person owning the 'gray' house is a ten percent partner in the Park and he has offered the four feet of his lot to the tenant of the enlarged lot, Mr. Jack Battersby, a twenty-five year Park resident, senior citizen and social Security recipient, who has an offer for a double-wide unit to replace a thirty year old single wide trailer. Mr. Dawson clarified that he is not the once involved Riverbeach Associates, also offered that the law provides that when an eight-wide trailer or trailer of a certain age is abandoned for whatever reason, including the death of the owner, the Park owner, in an effort to upgrade the Park, may ask that it be removed before it has been sold, which is what has occurred in past instances; confirmed as well his legal action against the city in 1976 when an agreement relating to the DWP property was canceled. Mr. Dawson expressed pride in the Park where one hundred twenty- five units exist on a six acre parcel, has been viewed by federal, state and county agencies as a fine example of low income housing, and said the reason the State Department of Housing recognized their request to allow two story cabanas is that very little living space can be provided on a six hundred foot lot. Mr. Dawson stated that should the lot line adjustment not be approved Mr. Battersby will lose the I I 8-23-93 opportunity to acquire new living quarters. Ms. Karen Terrascio, 111 Welcome Lane, said she could not claim to represent the majority of mobile home owners with regard to this proposal as she felt most were not aware of it, however from a personal standpoint and as President of the Mobile Homeowners Association, requested that this matter be held over pending preparation of the new map. She spoke of an I inability to obtain loans on Park properties since the status of the underlying land is unclear, also stated her belief that small units can remain if they are not determined to be in violation of health or safety standards. She spoke favorably of a new unit for Mr. Battersby, yet again suggested that action on this item be delayed. At the request of the Agency, Mr. Battersby explained that he has been able to obtain a newer trailer at a reasonable price, is presently paying $596 per month for housing the unit at another location, is obligated to the trailer purchase, however if this matter receives approval the trailer could be relocated to the Seal Beach Park within a week and a half. Should this matter not be approved, Mr. Dawson raised the question as to who would pay the rent on the trailer purchased by Mr. Battersby as well as his rent in the Seal Beach Park. Discussion continued with regard to the time frame for preparation and submittal of a current map of the Trailer Park. Mr. Dawson agreed to put forth his best effort to have the Park surveyed and a new map prepared within thirty days, not to exceed sixty days, as a condition of approval of the item under consideration by the Agency. Agencymember Forsythe stated that should the condition not be met within a timely manner, six months maximum, she questioned if it would be agreeable that the Agency have the Park surveyed, the map prepared, the cost of which would be the responsibility of the Park owner. Mr. I Dawson responded in the affirmative. Brown moved, second by Hastings, to adopt Resolution Number 93-3 as presented. AYES: NOES: Brown, Doane, Forsythe, Hastings, Laszlo None Motion carried AGENCY CONCERNS No Agency concerns were presented. ORAL COMMUNICATIONS There were no Oral Communications. CLOSED SESSION No Closed Session was held. ADJOURNMENT It was the order of the Chair, with consent of the Agency, to adjourn the meeting at 7:40 p.m. ~trA~ Cha~rman L ~7L- I' I ..::o...~";~h...\..:,\,. ...:.: ..t;..' ,,'J. t '._ 11:~ / "jI'..'~'"'' " tJl ." r,'.' '.. ~, ~\ ,.:..' "r ,,' ....... Yb ,:. l' . Yo ? 1-~t ;n1. :':.... '\ i- ? ".. .. ri ~ .. : 1.,. p ~. & ..-' /,' '. . . " ~ . -.. ',..,. ~ .". ~ .. pi' . . 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