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Home My WebLink AboutRDA Min 2004-10-11 9-27-04 / 10-11-04 I Ybaben moved, second by Levitt, to approve Resolution Number 5271 entitled "A 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." By unanimous consent, full reading of Resolution Number 5271 was waived. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried Larson moved, second by Antos, to approve Resolution Number 04-02 entitled "A 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." By unanimous consent, full reading of Resolution Number 04-02 was waived. 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. I ~d Chairman ~. ~ ~ 1 1pI~1 t ~rk ~ecretary 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: I "r.AT.T. ANn NOTTr.P. OF ~PFr.TAT MEP.TTNG 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, Seal Beach Michael Levitt, 1320 Knollwood Road #42F, Seal Beach Ray Ybaben, 4373 Hazelnut Avenue, Seal Beach Paul Yost, 485 Schooner Way, Seal Beach .' 10-11-04 YOU ARB 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 11", 2004 at 6:00 p.m. The business to be transacted at the special meeting is as follows: I 1. 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. 2. 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. DATED THIS 4~ day of October, 2004. (signed) Charles Antos, Chairman Seal Beach Redevelopment Agency" ROLL CALL Present: I Absent: Mayor Yost Councilmembers/Agency Members Antos, Larson, Levitt, Ybaben None 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 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 option, it was pointed out that the property was being sold at twenty-nine 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 I 10-11-04 I 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. I 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 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 10-11-04 The Mayor advised that the Council/Agency would not be discussing agenda Items "B" and "0" 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. 1 The City Attorney confirmed that the Redevelopment Agency did not participate in the Closed Session, however the City Council had considered Items "A" and "C", 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. ~~ CHairman ~~ ciA 'J/l1tn. I Ci Y Cler / Secretary 1 Seal Beach, California October 11, 2004 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. 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 .1 10-11-04 / 10-25-04 / 11-8-04 I PUBLIC HEARING / EXERCISE OF PUCHASE OPTION - ZOETER PLACE /1190-1198 PACIFIC CO~ST HIGHWAY} 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 Ag~ncy meeting until November 8t., 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. avt, ~ Chairman Secretary I Seal Beach, California October 25, 2004 The regularly scheduled Redevelopment Agency meeting for this date was canceled by action of the City Council. Seal Beach, California November 8, 2004 Mayor Yost called the regular adjourned session of the Seal Beach City Council and Seal Beach Redevelopment Agency to order at 5:30 p.m. I 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