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HomeMy WebLinkAbout1960-03-14e 99 MINUTES Council Chamber, City Hall Huntington Beach, California Monday, March 14, 1960 Pursuant to the adjournment of the regular meeting of the City Council on March 7, 1960, Mayor Irby called the regular adjourned meeting to order at 8:15 o'clock P.M. Councilmen Present: Councilmen Absent: ecess minutes. p econvened o'clock P.M. Lambert, Waite, Irby. Sork, Terry. (Councilman Sork arrived at 8:20 o'clock P.M. Councilman Terry arrived at 8:25 o'clock P.M.) Mayor Irby called a recess for ten City Council reconvened at 8:26 Terrm. Cleanup bonds-Nlber-On motion by Sork seconded by Terry Calif Petroleums, ?eta. the request of Albercalif Petroleums, limited, for termination of the following Standard Accident Insurance Company cleanup bonds, having complied with Section 2448.1 of the Huntington Beach Ordinance Code, be approved: Jack B. Crawford #6 - Lots 1 to 8 Block 201 - Bond #882090 Jack B. Crawford #9 - Lots 18 to 20 Block 101 - Bond #992092 Jack B. Crawford #16 - Lots 1 to 7 Block 202 - Dated 1/24/55 Jack B. Crawford #17 - Lots 1 to 7 Block 202 - Dated 1/24/55 Citv Att'y Bauer City Attorney Bauer reported to the reported recei.nt of Letter from PERK Attorney City Council receipt of a letter froze the General Attorney of the Pacific Electric Railway Company a copy of which has been given to each member of the City Council and said letter relative to the Orange County Superior Court Case No. 68603 - People vs. Pacific Electric Railway Company et al. The Clerk read the letter and said letter reading as follows: Quote " Re: People vs. Pacific Electric Railway Campany, et al - Oran gge County Superior Court No. 68603 1. 3 Y 11'2 - ..a -notes, 11arc 1 l.rb 1.95C To Attorneys appearing in the above case on behalf of the defendants Gentlemen: This letter is written to the Attorneys, representing claimants to rights in Pacific Electric right of way involved in the above case, as to meeting with representa- tives of the Division of Highways on March 9, 1960. Present at the meeting were Mr. Van Dusen and myself, representing Pacific Electric Railway Company, and Mr. Telford and various representatives of the Right of Way and Legal Departments of the Division of Highways. As a result of this meeting the following understanding was reached, subject to the concurrence by the other defendants. 1. That the State would not proceed at the present time with the Pretrial set for April. 20, 1960, and would not have the trial date set at that time. 2. This would be on condition that the parties defendant would waive the provisions of Section 581 - a and 583 of the Code of Civil Procedure. 3. That the parties would agree on July 1, 1960, as the valuation date of the property. 4. The purpose of the meeting at this time was for the reason that the State was desirous of obtaining the full 100 foot right of way, and would request the parties to stipulate to an amendment of the complaint with the under- standing that until Interstate Commerce Commission authority could be obtained the defendants would oppose to the taking of the 60 foot right of way. 5. In filing the am6nded complaint, the State would segregate into parcels those portions as to which individual defendants were making claims, that is, the Mills portion, the Willow Land portion and the portion claimed by the City of Huntington Beach would all be set up in separate parcels. 6. In the meantime, the Pacific Elect- ric would attempt to enter into an agreement with the Cities 2 01 pane #3 -- .iinu4es, March 14, 1960 of Huntington Beach and Newport Beach and when that was done would file its application to the Interstate Commerce Commission attempting to secure authority to abandon the line between Huntington Beach and Newport Beach. If Any of those receiving copy of this letter have objections to the proposed procedure, I would appreciate being advised as soon as possible. Yours very truly, E. D. Yeomans" On motion by Waite seconded by Sork the City Council approve in principle the provisions out- lined in the letter read by the Clerk and dated March 10, 1960 from the Pacific Electric Railway Company and the City Administrator and the City Attorney be instructed to pursue the principles outlined in the letter and report to the City Council, be approved. Motion carried. Continuation aiscussion Mayor Irby opened the continuation on lease "Driftwood Inn" of the discussion onthe leasing of City property to the proposed development of "Driftwood Inn". City Administrator Doyle Miller stated there were a number of questions to be resolved by the City Council before the provisions of the lease can be completed. kttorney Pool Attorney Pool representing the bid- ders reported the following items, a copy of which was furnished to the Council members, would have to be resolved and made amendments to the proposed lease: 1. Trailers to be removed from the Municipal Trailer Park located on the beach not later than January 1st, 1961. 2. Lease to be for 50 years with an option to renew for 5 years. 3. City property not condemned by the State for freeway purposes shall be added to the lease 3. 11.0,2 P q,e 3�4 - 1`inut.cs, ',larch 14, 10-60 on a pro rata basis. 4. City agrees to use the beach property for parking only plus normal concessions with the general development in keeping with the development across the h*ghway (Driftwood Inn). 5. Minimum Rentals: No rent for six months after lease has been adjudicated by Court; during first six months when no rent is being paid, possession to be given to lessee; then six months at $1000.00 per month; then $1650.00 per month for 18 months; then $2,200.00 per month for the balance of the term of the lease, unless the minimum rental is increased in accordance with the other provisions of the lease, and said lease to become effective 61 days after the final adjudication by Court order. 6. "Highest and best use" in lease must be changed to the use existing, except in those areas where there are not any permanent buildings or structures. Fronosed lease to On motion by Waite seconded by be amended' _ Lambert the proposed lease be amended to include item one (1) was approved by the following roll call vote: AYES: Councilmen: Sork, Lambert, Terry, Waite, Irby. NOES: Councilmen: None. ABSENT: Councilmen: None. On motion by Waite seconded by Sork the proposed lease be amended to include item two (2) was approved by the following roll call vote: AYES: Councilmen: Sork, Lambert, Terry, Waite, Irby. NOES: Councilmen: None. ABSENT: Councilmen: None. On motion by Lambert seconded by Waite the proposed lease be amended to include item three (3) was approved by the following roll call vote: AYES: Councilmen: Sork, Lambert, Terry, Waite, Irby. NOES: Councilmen: None. ABSENT: Councilmen: None. 4. 03 Pale #5 - .tinutes, ►arch 14, 1960 On motion", by Sork seconded by Waite the proposed lease be amended to include item four (4) was approved by the following roll call vote: AYES: Councilmen: Sork, Lambert, Terry, Waite, Irby. NOES: Councilmen: None. ABSENT: Councilmen: None. On motion by Waite seconded by Lambert the proposed lease be amended to include item five (5) was approved by the following roll call vote: AYES: Councilmen: Sork, Lambert, Terry, Waite, Irby. NOES: Councilmen: None. ABSENT: Councilmen: None. On motion by Lambert seconded by Waite the proposed lease be amended to include item six (6) was approved by the following roll call vote: AYES: Councilmen: Sork, Lambert, Terry, Waite, Irby. NOES: Councilmen: None. ABSENT: Councilmen: None. �men42Le6 proposed On motion by Lambert seconded by lease to be presented Parch 21,.196� Waite the items numbers one through six inclusive as amendments to the proposed lease be inserted by the City Attorney and said proposed lease between the City and the developers of the proposed Driftwood Inn be presented to the City Council, for consideration at the regular meeting of the City Council on March 21, 1960. Motion carried. Lemands On motion by Waite seconded by Lambert the demands as approved by the Finance Committee be ordered paid. Motion carried. On motion by Lambert seconded by Waite the regular adjourned meeting of the City Council adjourned. 5. 104 Faze #6 - Ainutes, _:arch 14, 196C ATTEST; City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California AN