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Home My WebLink About1990-04-19I 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 20 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. W A(WII(L;IQPWI*UT$U 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. �773Z:t*901►UI Cl� 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. 3 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 I I. 24 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 25 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 )