HomeMy WebLinkAboutCity Council - 3700 RESOLUTION NO . 3700
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH URGING THE CALIFORNIA
LEGISLATURE TO PROVIDE INDEMNIFICATION AND
LEGAL DEFENSE TO PUBLIC ENTITIES WHICH MAY BE
SUBJECTED TO LITIGATION AND/OR JUDGMENTS FOR
DAMAGES IN INVERSE CONDEMNATION FOR COMPLYING
WITH THE MANDATORY ADOPTION OF LOCAL OPEN'-SPACE
PLANS
WHEREAS , the California Legislature enacted Article 10 . 5
(Sections 65560 et seq . ) of the Government Code on June 30 , 1972
mandating every city to adopt a "local open-space plan" not
later than June 30 , 1973 ; and
WHEREAS, the Legislature in enacting said legislation re-
ognized a statewide public interest and benefit by declaring:
" (a) That the preservation of open-space land
. is necessary not only for the maintenance of the
economy of the state, but also for the assurance of
the continued availability of land for the production
of food and fiber, for the enjoyment of scenic beauty,
for recreation and for the use of natural resources .
(b ) That discouraging premature and unnecessary
conversion of open-space land to urban uses is a matter
of public interest and will be of benefit to urban dwell-
ers because it will discourage noncontiguous development
patterns which unnecessarily increase the costs of com-
munity services to community residents .
(c) That the anticipated increase in the population
of the state demands that cities , counties , and the state
at the earliest possible date make definite plans for
the preservation of valuable open-space land and take
positive action to carry out such plans by the adoption
and strict administration of laws , ordinances , rules and
regulations as authorized by this chapter or by other
appropriate methods .
(d) That in order to assure that the interests of all
its people are met in the orderly growth and development
of the state and the preservation and conservation of its
resources , it is necessary to provide for the development
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t°by the state , regional agencies , counties and cities ,
including charter cities , of statewide coordinated plans
for the conservation and preservation of open-space
lands . "
WHEREAS , Government Code Section 65910 requires every city
to adopt an open-space zoning ordinance consistent with said
open-space plan; and
WHEREAS , the Legislature further required, pursuant to
Government Code Section 65564 , an affirmative action program
by the legislative body of each public entity consisting of
specific programs which the legislative body intends to pursue
in implementing such open-space plan; and
WHEREAS , under judicial proceedings with the precedent of
Klopping v. City of Whittier, 8 Cal . 3d 39 , 500 P . 2d 1345,
104 Cal . Rptr. l (1972) , a public entity may be held liable for
damages in inverse condemnation for designation of specific
areas as open space, and such damages may amount to millions
of dollars ; and
WHEREAS , the city of Palo Alto has already been sued for
some forty million dollars for implementation of an open-space
plan as mandated by the state; and
WHEREAS , Assembly Bill 2252 merely provides for loans to
cities and counties for acquisition of open lands , and does not
reimburse public entities for liabilities incurred by adoption
and implementation of local open space plans ,
NOW, THEREFORE , BE IT RESOLVED that since the adoption of
open space is mandated by the state and the benefits are a matter
of general public interest to the state, that further state
legislation be adopted which :
(a) provides legal defense by the Attorney General
without cost to cities for all litigation initiated against
public entities for damages as a consequence of adopting
said "local open-space plans" ; and
(b ) provides indemnification by the state for any
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judgment for damages in inverse condemnation rendered
against a public entity as a consequence of adoption of
said "local open-space plan" .
BE IT FURTHER RESOLVED that in view of the June 30 , 1973
deadline for adoption of such "local open-space plan" , as imposed
pursuant to Government Code Section 65563, that such legislation
be adopted as an urgency measure by the state Legislature; or,
as an alternative, the Legislature adopts Senate Bill 594 as an
urgency measure (said bill extends the deadline for adoption
of said "local open-space plan" until December 31, 1973 ) , and
Senate Bill 594 be amended to provide for the foregoing provisions
regarding legal defense and indemnification of public entities .
BE IT FURTHER RESOLVED that the City Clerk is directed
to transmit copies of this resolution to the Governor of the
State of California, appropriate state legislators , the League
of California Cities , and other appropriate local and state
agencies .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 4th
day of June , 1973 .
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
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City Attorney
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sTnrr of Cnt.[FoRNIA ) Res. No. 3700
COUNTY OF ORANM? ) ss:
CITY OF HUNTINCTON BEIACH )
I, ALICIA M. WENTWORTH, the duly appointed, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 4th day
of June 19 73 by the following vote:
AYES: Councilmen:
Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
s