HomeMy WebLinkAbout1990-04-19I
1
MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Monday, April 19, 1990
A tape recording of this meeting is
on file in the City Clerk's Office.
Mayor/Chairman Mays called the special regular meetings of the City Council
and the Redevelopment Agency of the City of Huntington Beach to order at 5 p.m.
ROLL BALL
PRESENT: Winchell, Green, Mays, Silva, Erskine
ABSENT: MacAllister, Bannister
The City Clerk/Clerk was directed to read the Call for Special Meeting.
CALL FOR SPECIAL MEETING
OF
CITY COUNCIL/REDEVELOPMENT AGENCY
Tom Mays, Mayor/Chairman
Peter Green, Mayor Pro Tempore
Wes Bannister, Council/Agency Member
John Erskine, Council/Agency Member
Don MacAllister, Council/Agency Member
Jim Silva, Council/Agency Member
Grace Winchell, Council/Agency Member
You are hereby notified that a Special Meeting of the City Council/
Redevelopment Agency of the City of Huntington Beach, California is called
for and will be held in the Council Chamber of the Civic Center at the hour of
5:00 p.m. on Thursday. April 19, 1990, for the purpose of holding a closed
session to consider approval of a settlement agreement between the City of
Huntington Beach and the Southern Pacific Transportation Company concerning
Main -Pier Redevelopment and authorize dismissal of the Southern Pacific Trans-
portation Company by the Redevelopment Agency from the pending eminent domain
case filed by the Redevelopment Agency (Case No. 49 87 13).
Dated: April 18, 1990
ATTEST:
CONNIE BROCKWAY, CITY CLERK/CLERK
/s/ Connie Brockway /s/ Thomas J. Mays
City Clerk/Clerk Mayor/Chairman
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Page 2 - Council/Agency Special Meeting - 4/19/90
I hereby certify that I received the above notice, "Call for Special Meeting
of the City Council/Redevelopment Agency" prior to 5:00 P.M., on Wednesday,
April 18, 1990.
/s/Thomas _J. Mays
Mayor/Chairman
The City Attorney explained the necessity for Closed .Session in response to
Councilwoman Winchell's inquiry. The City Attorney spoke regarding the
feasibility of public discussion.
Councilman Green referred to the letter from the Attorney General's office
dated April 19, 1990, which opposed said Council meeting.
Discussion was held.
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Doug Langevin stated that he objected most strenuously to the Closed Session.
He stated that he believed the meeting should be held in the normal process.
He stated that in 1986 the Attorney General did not have knowledge of a public
easement.
Debbie Cook stated that the Attorney General's office did not have knowledge
of the public easement in 1986. She spoke regarding the tax deduction which
she believed should be realized by the railroad company.
John Fisher stated that the agreement was not the same as the previous one
signed and that he believed the city was being forced into a corner.
Dave Burris stated that he did not believe the procedure for the meeting was.
proper and that the city needed a total overhaul of the City Charter.
Diana Boom stated that he believed an item of such importance needed more time
to be considered. She urged Council not to make a decision at this time.
Jo Christian -Craig stated that the City Attorney stated that the reason for a
Closed Session was that she believed the city could give away their position
on the litigation. She stated that since the city and railroad company were
in agreement she believed that would negate the need for a Closed Session.
She urged Council not to proceed with the Closed Session.
Diane Easterling stated that since this was not an emergency, it should remain
in the court and there should not be a City Council meeting.
Bob Biddle, Huntington Beach Tomorrow President, stated that he believed the
matter should stay in the court. He requested that the item be continued.
Geri Ortega stated that she had spoken with the legal counsel for State Lands
Commission and that they had stated they would uphold the public trust. She
stated that the Council cannot make a decision to terminate a public
easement. She also stated Council should be cautious with their decision
concerning fair market value with consideration of encumberment. She thanked
I
1 the Council for opening public comments at this meeting.
The Mayor closed the Public Comments.
Page 3 - Council/Agency Special Meeting - 4/19/90
CLOSED SESSION
The Mayor/Chairman called a Closed Session of the City Council/Redevelopment
Agency pursuant to Government Cade Section 54956.9(a) to confer with its
attorney regarding pending litigation - Redevelopment Agency v Huntington
Beach Company - OCSCC 49 87 13.
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The Mayor/Chairman called a recess of Council/Redevelopment Agency at
5:35 p.m. The meeting was reconvened at 10:45 p.m.
REDEVELOPMENT - APPROVED As MQDIFIED (600.10)
The City Clerk/Clerk presented a communication from the City Attorney trans-
mitting Agreement for Deed of Gift Between the City of Huntington Beach and
Southern Pacific Transportation Company concerning Main -Pier Redevelopment and
Agency Resolution No. 200 and Council Resolution No. 6135.
Motion to Amend Paragraph 3 of _Agreement -- Approved
Councilman/Agency Member Erskine stated that with respect to the concern of
the letter to Deputy City Attorney Robert Sangster from Attorney General John
Van De Kamp, Deputy Attorney General Robert Collins, paragraph three, of Agree-
ment and with respect to the value of said property, he moved that Council
agree with that and modify paragraph 3 of the Agreement to strike the words,
"unencumbered by such easement" and put a period after the words "fair market
value", strike the words, "and CITY agrees not to contest such appraisal" and
put a period after the word "property".
The City Attorney read the paragraph in the motion, "The parties further stip-
ulate and agree that the value of said property may be determined by its fair
market value. Southern Pacific shall obtain an independent appraisal of the
value of such property."
The motion made by Erskine, seconded by Mays, carried by the following roll
call vote:
AYES: Winchell, Green, Mays, Silva, Erskine
NOES: None
ABSENT: MacAllister, Bannister
MQtion to A ry n M ifiApproved
A motion was made by Mays, seconded by Erskine, to accept the Agreement as
modified.
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Page 4 - Council/Agency Special Meeting - 4/19/90
Councilwoman/Agency Member Winchell stated that by virtue of a 1932 court
decision on the property, the city had an existing public recreational ease-
ment attached to the private railroad land. She stated the city also believes
it 'has a public trust on the land which means because of the tidelands the
city has to maintain public access through the property. Councilwoman
Winchell stated that until the public trust is defined, clarified, and delin-
eated, so that the people know what protection they have with the public
trust; she did not want to relinquish an existing public recreational ease-
ment. She stated she believed it should be settled.in the court between the
State of California and the City of Huntington Beach.
The City Attorney clarified that in any condemnation action if the judgment
should be astronomical that the Council was unhappy with the judgment and
unable to purchase or go forward with the action, the Council always has an
opportunity at that time to abandon the condemnation and pay damages for
having brought them through the trial and keeping the property off the market
for that period of time.
The motion made by Mays, seconded by Erskine, to accept the Agreement as
modified carried by the following roll call vote:
AYES: Green, Mays, Silva, Erskine
NOES: Winchell
ABSENT: MacAllister, Bannister
Agengy Res No 200 - Adopted As Modified - Council Res No 6135 - Adopted as
Modifieg
A motion was made by Mays, seconded by Green, to adopt Agency Resolution
No. 200 and Council Resolution No. 6135 as modified by City Council and
Redevelopment Agency.
The 'City Attorney stated that Resolution No. 6135, paragraph 4 should read,
"The 'Agreement for Deed of Gift as modified. Between the City of Huntington
Beach and Southern Pacific Transportation Company Concerning Main -Pier Rede-
velopment' and 'Corporation Quitclaim Deed' from Southern Pacific to City are
hereby' approved as to form and content, and City accepts the Corporation Quit-
claim Deed. The City authorizes the Mayor and City Clerk to execute the
agreement upon receipt of an executed copy from Southern Pacific and approval
as to form by the City Attorney."
The motion made by Mays, seconded by Green, to adopt Agency Resolution
No. 200 and Council Resolution No. 6135 as modified by City Council and.
Redevelopment Agency carried by the following roll call vote:
AYES: Green, Mays,
NOES: Winchell
ABSENT: MacAllister,
Silva, Erskine
Bannister
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Page 5 - Council/Agency Special Meeting - 4/19/90
Mayor/Chairman days adjourned the special meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach.
ATTEST:
4xr;;'-O Oqo� �' -
City Clerk/Clerk
Clerk of the Redevelo ment Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Huntington Beach, California
Mayor/Chairman
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CALL FOR SPECIAL MEETING
OF
CITY COUNCIL/REDEVELOPMENT AGENCY
Tom Mays, Mayor/Chairman
Peter Green, Mayor Pro Tempore
Wes Bannister, Council/Agency Member
John Erskine, Council/Agency Member
Don MacAllister, Council/Agency Member
Jim Silva, Council/Agency Member
Grace Winchell, Council/Agency Member
CALIFORNIA 92648
You are hereby notified that a Special Meeting of the City Council/
Redevelopment Agency of the City of Huntington Beach, California is called
for and will be held in the Council Chamber of the Civic Center at the hour of
5:00 p.m. on Thursday, April 19, 1990, for the purpose of holding a closed
session to consider approval of a settlement agreement between the City of
Huntington Beach and the Southern Pacific Transportation Company concerning
Main —Pier Redevelopment and authorize dismissal of the Southern Pacific
Transportation Company by the Redevelopment Agency from the pending eminent
domain case filed by the Redevelopment Agency (Case No. 49 87 13).
Dated: April 18, 1990
ATTEST:
CONNIE BROCKWAY, CITY CLERK/CLERK
City Cl erk/Cl ek-
Mayor/Chairman
I hereby certify that I received the above notice, "Call for Special Meeting
of the City Council/Redevelopment Agency" prior to 5:00 P.M., on Wednesday,
April , 1990.
Mayor/Chairman
2^
(Telephone. 714536-5227 )