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HomeMy WebLinkAboutRDA Min 2005-07-11 07111/05 Seal Beach, California July 11, 2005 I Mayor Antos called the special joint closed session of the Seal Beach City Council and Seal Beach Redevelopment Agency to order at 5:00 p.m. in the City Manager's Conference Room. The Special Joint Meeting Notice read as follows: CALL AND NOTICE OF A SPECIAL JOINT MEETING OF THE SEAL BEACH CITY COUNCIL AND REDEVELOPMENT AGENCY TO MEMBERS OF THE CITY COUNCIL AND BOARD OF DIRECTORS OF THE SEAL BEACH REDEVELOPMENT AGENCY: I Charles Antos, 205 - 12th Street #B, Seal Beach John Larson, 13741 Annadale Drive #18G, Seal Beach Michael Levitt, 1380 Weebum Road #81 L, Seal Beach Ray Ybaben, 4373 Hazelnut Avenue, Seal Beach Paul Yost, 485 Schooner Way, Seal Beach YOU ARE HEREBY NOTIFIED THAT, pursuant to Section 54956 of the California Government Code, Mayor and Chairman Charles Antos hereby calls a special joint meeting of the Seal Beach City Council and Redevelopment Agency to be convened in the City Manager's Conference Room, Seal Beach City Hall, 211 - 8th Street, Seal Beach, California, 90740 on Monday, July 11, 2005 at 5:00 p.m. for the purpose of discussing the following Closed Session items: 1. Conference with Legal Counsel, Existing Litigation, G.C. 54956.9{a) City of Seal Beach v. County of Orange, OCSC Case No. 05 CC 04518 2. Conference with Labor Negotiator, G.C. 54957.6 City Negotiator: William Avery & Assoc.lCity Manager Employee Organization: Police Officer Assoc. (City of Seal Beach) Employee Organization: Police Management Assoc. (City of Seal Beach) 3. Conference with Legal Counsel, Anticipated Litigation, G.C. 54956.9(b) A point has been reached where, in the opinion of the City Council, on the advice of its legal counsel, based on existing facts and circumstances, there is significant exposure to litigation against the City. 4. Conference with Legal Counsel, Existing Litigation, G.C. 54956.9(a) Rodi Properties v. City of Seal Beach, OCSC Case No. 04 CC 10649 Please note that members of the public will be provided an opportunity to directly address the Council/Board concerning any item described herein before consideration of that item. I DATED THIS 7th day of July, 2005. (sianed) Charles Antos, Mayor/Chairman Seal Beach City Council/Redevelopment Agency ROLL CALL Present: Mayor/Chairman Antos Council/Agency Members Larson, Levitt, Ybaben 07111/05 Council/Agency Member Yost - arrived at 5:05 p.m. Mr. Bahorski, Executive Director Mr. Barrow, Legal Counsel Mr. Whittenberg, Director of Development Services Ms. Arends-King, Director of Administrative Services Ms. Lee, Human Resource Analysis Mrs. Devine, Secretary Mayor Antos advised that this would be the opportunity for members of the public 1- to comment on the items identified on the agenda. There were no members of the public present. Absent: Also present: CLOSED SESSION The City Attorney announced that pursuant to the Brown Act the Council/Agency would meet in Closed Session pursuant to Government Code Section 54956.9(a) to confer with legal counsel on existing litigation - City of Seal Beach v. County of Orange, OCSC Case No. 05 CC 04518 and Rodi Properties v. City of Seal Beach, OCSC Case No. 04 CC 10649; Government Code Section 54957.6 to confer with the labor negotiator relating to the City of Seal Beach Police Officer Association and Police Management Association; and Government Code Section 54956.9(b) to confer with legal counsel - anticipated litigation. The Council/Agency adjourned to Closed Session at 5:01 p.m. Mayor Antos declared oral communications open at 5:10 p.m. in the City Council Chambers. Speakers regarding agenda items "A" and "D" Conference with Legal Counsel, Existing Litigation City of Seal Beach v. County of Orange, OCSC Case No. 05 CC 04518 and Rodi properties v. City of Seal Beach, OCSC Case No. 04 CC 10649: Mr. Jim Caviola, Ocean Avenue, stated the City should get fair market value for the property and not discuss behind closed doors; Ms. Joyce Parque, Seal Beach, announced that the case is going to court on July 15th and the money in the Redevelopment Agency is from the taxpayers in Seal Beach; I Mr. Jim Klisanin, Baytown Realty, referred to the appraiser of the Zoeter property and does not agree with the way the value was calculated; and Ms. Sue Corbin, Seal Beach, said this should not be discussed behind closed doors, believes the City Attorney is the common link between the trailer park deal and the Zoeter deal, and that the Zoeter property was devoted for the children of the City. There being no other speakers oral communications was declared closed by Mayor Antos. The Council/Agency returned to closed session at 5:20 p.m. and reconvened to the Council Chambers at 6:58 p.m. The City Attorney announced that the City Council and Redevelopment Agency met in Special Joint Close Session to discuss the items on the agenda. The City Council and Redevelopment Agency gave direction to Special Counsel in regard to agenda items "An and "D" and City Council gave direction to their labor negotiator on agenda item "B", no other action was taken. ADJOURNMENT It was the order of the Chair, with consent of the Council/Agency to adjourn the Special Joint Closed Session at 7:00 p.m. Approved: I -. ~ .D.,.., City Clerk 07/11/05 Seal Beach, California July 11, 2005 The Redevelopment Agency of the City of Seal Beach met in regular continued session at 7:42 p.m. with Chairman Antos calling the meeting to order. I ROLL CALL Present: Chairman Antos Agency Members Larson, Levitt, Ybaben, Yost Also present: Mr. Bahorski, Executive Director Mr. Barrow, Agency Counsel Mr. Vukojevic, Director of Public Works/City Engineer Mr. Whittenberg, Director of Development Services Ms. Arends-King, Director of Administrative Services Mrs. Devine, Secretary APPROVAL OF AGENDA Ybaben moved, second by Yost, to approve the order of the agenda as presented. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried I ORAL COMMUNICATIONS Chairman Antos declared the Oral Communications period open. Ms. Sue Corbin, Seal Beach, stated her concerns regarding the use of Redevelopment Agency funds, believes deals are being made in secret, Boeing should be audited on their dealings, and Zoeter was for the children of Seal Beach. Mr. Glenn Clark, Seal Beach Trailer Park, gave a brief timeline of the trailer park matter and thanked those involved. Ms. Joyce Parque, Seal Beach, believes the residents of the trailer park should pay their own legal fees, covenants on the trailer park were not written to protect the people, the residents need to fill out financial statements to verify their eligibility to receive low and moderate funds and rates, and questioned agenda item "3" regarding the family's eligibility. Ms. Lori Welz, Seal Beach Trailer Park, stated she is the family in question and will give back to the City in anyway she can. Chairman Antos declared a recess at 8:00 and reconvened at 8:05 p.m. calling the meeting to order and stated that members of the audience need to respect the speakers and that the speaker should only address the Agency through the Chairman. Ms. Welz continued her comments. Mr. Allen Thompson, Cottonwood, stated that this has been a long process, would like to see it put behind everyone and move forwarded, said that 90% of the residents voted in support the transfer of title and MPROP funding. Mr. Frank Boycheck, Seal Beach Trailer Park, also thanked the people involved in getting the transfer of the trailer park to the residents, stated the residents raised over $35,000 for legal fees, and requested that the Agency approve to reimburse their legal fees from the MPROP funds. Dr. Robert Goldberg, Bridgeport, said his tax increments go to the Redevelopment Agency, would support approval of agenda item "3", and does not understand agenda item "4" the reimbursement of $120,000 to L1NC. Ms. Cynthia Metzger, Riversea, opposes the reimbursement of the legal fees. There being no further comments, Chairman Antos declared Oral Communications to be closed. I AGENCY RE-ORGANIZATION SELECTION OF CHAIRMAN Chairman Antos declared nominations open for the position of Chairman for 2005/2006. Yost moved, second by Antos, to nominate Vice-chairman Ybaben as Chairman. No further nominations were made. 07111/05 AYES: NOES: ABSTAIN: Antos, Larson, Levitt, Yost None Ybaben Motion carried Vice-chairman Ybaben was declared Chairman for 2005/2006 and resumed the conduct of the meeting. Chairman Ybaben presented out-going Chairman Antos with a commemorative gavel plaque from the Agency. SELECTION OF VICE-CHAIRMAN I Chairman Ybaben declared nominations open for the position of Vice-chairman for 2005/2006. Yost moved, second by Antos, to nominate Member Levitt as Vice-chairman. No further nominations were made. AYES: NOES: ABSTAIN: Antos, Larson, Ybaben, Yost None Levitt Motion carried AGENCY MINUTES Yost moved, second by Antos, to approve the minutes of the regular meeting of April 25, 2005 and adjourned regular meeting of May 9, 2005. AYES: NOES: Antos, Larson, Levitt, Ybaben, Yost None Motion carried Member Yost recused himself from any discussions on agenda items "3" and "4" due to the change of 300 feet to 500 feet in the conflict of interest code, he lives within the 500 feet of the properties being considered, will leave the Council Chambers, and for the record will abstain in agenda items "3" and "4". MOBILE HOME / SEAL BEACH TRAILER PARK / WELZ Director of Development Services stated that the Welz family had started the I process in 2002 and in 2004 received City and Coastal Commission approval for acquisition and rehabilitation for a mobile home unit, total amount of $90,000. Due to a fire in the unit and the death of her husband the process was not completed and funds returned. The staff request is for the Agency to authorize the payment up to $90,000 to provide assistance in purchasing and rehabilitating a mobile home in the Seal Beach Trailer Park for the Ms. Lori Welz. Larson moved, second by Antos, to adopt Resolution Number 05-08 entitled 'A RESOLUTION OF THE SEAL BEACH REDEVELOPMENT AGENCY AUTHORIZING THE PAYMENT OF UP TO $90,000 TO PROVIDE ASSISTANCE IN PURCHASING AND REHABILITATING A MOBILE HOME IN THE SEAL BEACH TRAILER PARK (WELZ)." By unanimous consent, full reading of Resolution Number 05-08 was waived. AYES: NOES: ABSTAIN: Antos, Larson, Levitt, Ybaben None Yost Motion carried REIMBURSEMENT I L1NC I LEGAL FEES / SEAL BEACH TRAILER PARK The Director of Development Services stated the supplement that was provided to the Council was additional information received from the Gibb Law firm. He I gave a brief overview of the staff report stating that L1NC Community Development Corp. and the Seal Beach Affordable Housing Corporation incurred legal expenses in the processing of the MPROP loan application and in the finalization of the funding. They are requesting that those expenses of approximately $120,000 be reimbursed from the MPROP escrow account. Union Bank signed the letter consenting to the transfer of the Seal Beach Mobile Home Park from L1NC to SBAHC. The Agency needs to provide authorization to pay for the legal expenses incurred regarding the funding of Standard Agreement 01- MPROP-68. Mr. Hunter Johnson from L1NC Housing and Mr. Jerry Gibbs from the Gibbs law firm were present to answer any Agency questions. 07111/05 I Member Larson asked who would be on the new board and when would this all be done with? The City Manager responded that a letter was sent to L1NC stating the consensus of the Agency was to have the Chairman of the Redevelopment Agency sit on the board as the govemment representative, the board make up would be three votes from L1NC and three from SBAHC and they would confirm the City representative, at the July 25th meeting the regulatory agreements extending the term from 35 years to 55 years, the subordination agreements, etc. will be presented for approval, and the State deadline is July 31, 2005. Member Larson stated he would like Mr. Hunter Johnson to follow through to end this process. Member Antos commented that before the RDA takes a position to pay the fees he would request more thorough analysis on the appropriateness of the legal fees submitted for reimbursement, stated until the MPROP loan is funded the RDA should not agree to pay any expenses, and the only monies that should be approved are the funds needed to transfer the title from L1NC to SBAHC. Would like to know if the current make up of the L1NC board will be modified soon and part of the settlement agreement should be that the new board would consist 3 L1NC representatives, 3 SBAHC, and 1 City representative. Chairman Ybaben said that until Mr. Johnson signs all the papers and the MPROP is completed, it is premature to assume that all the papers will be signed on time if the expenses are approved. It was the consensus of the Agency to hold item "4" until the MPROP loan papers are signed and the money put into escrow before the Agency will decide on any reimbursement of legal fees. Member Yost returned to the Council Chambers. I ADJOURNMENT It was the order of the Chair, with consent of the Agency, to adjourn the meeting to July 25, 2005, at 6:30 p.m. to meet in closed session, if deemed necessary. By unanimous consent, the meeting was adjourned at 8:45 p.m. I