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HomeMy WebLinkAboutCENCO - 1998-10-02Company Name So. Cal Gas Co So. Cal Edison So Cal Edison Texaco Pacific Pipeline Torch Operating (aka Nuevo Energy) CENCO Pipeline, Gas & Electric Franchises �� �.��=� _•:� Franchise Type Pipeline/Sale of Gas Pipeline Sale of Electricity Pipeline Pipeline Pipeline Tank Farm CENCO Pipeline CENCO Pipeline Chevron Pipeline Co Pipeline (aka Standard Gas) Maynor,Donald & MBIA Legal Svcs All of above and more CI I ( Ur HU�lTIt�� T Cd BEACH, CA 1001 JUL 23 P 2: 1 h Description Ord. 3117 from 1991 to 2010 incorporated the following Companies into # 3117: Pacific Lighting Serv. Pipeline (both Pipeline and Gas Franchises): Southern Counties Gas Ord. 1308 (Gas) Ord. 687 (Indeterminate -in perpetuity) Ord. 555 (Indeterminate -in perpetuity) Ord. 3012 from 1988 to 2013 Ord. 3013 from 1988 to 2013 Ord. 3354 from 1997 to 2013 (took over Unocal Ord. 3014 & part of Ord 3013 via Sale from Arco to Unocal) . Lease/Easement Agreement from 1985 to 2005 Ord. 315 from 1983 to 2005 Ord. 813 from 1956 to 2006 Ord. 3041 from 1988 to 2013 2001 to Unspecific Duration w/latitude of 30 Written Notice to Terminate Pipeline, Gas, Water Franchises Company Name Franchise Type Description vault File No. pipeline, gas, or water Pipeline Franchises Pipeline AA 600.45 1958 - 1983 General Info Formerly Atlantic Richfield Ord. 898 Four Corners Pipeline Pipeline Renewed by Ord. 3013 to Exp. Oct. 5, 2013 FO 600.45 1957 - 1988 Golden Eagle Refinifg Co. Pipeline Franchise Pipelines _ GO 600.45 Exp. 8/29/97 ( 50 years ) Pacific Coast Gasoline Co. Pipeline Pipeline - 1010 /7/57 PA 600.45 Exp. 5/15/97 Southern California Gas Co. Pipeline Formerly Pacific Lighting Sery Pipelines) SO 600.45 Exp 9/10/2010 1919 to present _ Franchise Agreement pursuant to City's Pipeline Torch Operating Company Pipeline Franchise Ordinance - Ord 3354 TO 600.45 adopted 4/21 /97 Exp 2/20/2013Mayn _ , Donald H. Maynor, Donald H. Legal Services elgres OAlce 7� Legal Services Legal Services1989 Gas So. California Gas Franchise MA 600.10 - 1991 Calif Gas Transmission Co. Gas Intent to Grant Franchise - Application Withdrawn - CA 600.45 From. 6/1 /61 1961 -1975 Pacific Coast Gasoline Co. Gas Franchise Pipeline - 10/7/57 PA 600.45 Exp. 5/15/97 Southern California Gas Co. _ Gas Gas Franchise Ord 31117 1991 to present SO 600.45 Exp. 7/1/2010 Southern California Gas Co. Gas Formerly Pacific Lighting Sery Pipeline SO 600.45 Exp. 9/10/2001 1919 to present Southern California Gas Co. Gas Formerly Southern Counties Gas Ord. 1308 SO 600.45 Exp. 4/3/2007 1927 to present 31. I Printed 3/27/02 @2:56 PM • CYCI-Epzkis 0131 ikia ro tela y n ty .J-rry SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is made and entered into by and among the following entities (collectively, the "Parties"):CENCO Refining Company and CENCO, Inc. (collectively "CENCO"), Golden West Refining Company ("Golden West"), the City of Huntington Beach ("City"), and The Robert Mayer Corporation, Mayer Financial, Ltd. and Waterfront Hotel, LLC (collectively, the "Mayer Entities") to be effective as of October 2, 1998. e R E C I T A L S A. A dispute has arisen between and among the Parties regarding whether the City of Santa Fe Springs and the Community Development Commission of the City of Santa Fe Springs ("Santa Fe Springs") complied with various federal, state, and local laws and regulations when Santa Fe Springs made certain decisions on or about. September 2, 1998, to allow the Powerine Refinery ("Refinery") located at 12345 Lakeland Road, Santa Fe Springs, to be reactivated subject to- certain terms and conditions (collectively, "the Santa Fe Springs Actions"). B. CENCO has purchased the Refinery and plans to reactivate that facility. CENCO represents and warrants that no other entity, including Powerine Oil Company and Energy Merchant Corporation, has any interest in the Refinery. C. Golden West is the lessee of a facility commonly referred. to as the Oil Tank Farm located at 21471 Newland Avenue in Huntington Beach ("Tank Farm"). Golden West has assigned to CENCO any and all rights Golden West may have to the Tank Farm, and CENCO has assumed all of Golden.West's responsibilities with regard to the Tank Farm. Golden West is also the lessee pursuant to Lease 119/017029-0003/3206467.5 a11/04/98 1 PRC 1639.1 with the State Lands Commission of a facility commonly referred to as the Huntington Beach Marine Oil Terminal ("Terminal"). Golden West has assigned to CENCO any and all rights Golden West may have to the Terminal and CENCO has.assumed all of Golden West's responsibilities with regard to the Terminal. Prior to the date of this Agreement, CENCO had intended to utilize the Terminal and Tank Farm. -in connection with the Refinery- D. Prior to the date of this .Agreement, the City filed 'a Petition for Writ of Mandate in Los Angeles County Superior Court (Case No. BSD53802) to challenge the Santa Fe Springs Actions (the "City Action"). Prior to the date of this Agreement, the Mayer Entities and certain other entities filed a separate Petition for Writ of Mandate in Los Angeles County Superior Court (Case No. BSO53799) to challenge the Santa Fe Springs -Actions (the "Mayer Entities' Action"). The City Action and the Mayer Entities' Action are collectively referred to herein as the "Litigation." The City filed the City Action and the Mayer Entities filed the Mayer Entities' Action due primarily to their concerns regarding the environmental impacts associated with the potential reactivation of the Tank Farm and the Terminal. E. CENCO has determined that due to the concerns raised by the City, the Mayer Entities, and others regarding the Tank Farm and Terminal, it will, on behalf of itself, its affiliates, and its successors and assigns, agree to abandon and terminate any and all efforts to reactivate, restart, or in any way utilize the Tank Farm and Terminal. 119/017029-0003/3206467.5 all/04/99 2 F. In reliance on this determination, the City and the Mayer Entities are willing to cause the Litigation to be dismissed with prejudice. A G R E E M E N T NOW,.THEREFORE, based upon the representations set forth in the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. Warranty Regarding Recitals. CENCO represents that the facts set forth in the above Recitals as to it are true and correct. Golden West represents that the facts set forth in the above Recitals as to it are true and correct. CENCO and Golden West further acknowledge that the City and the Mayer Entities have materially relied upon the accuracy of the statements in the Recitals in entering into this Agreement. 2. No Use Of The Tank Farm. CENCO hereby agrees that neither it, nor its affiliates, subsidiaries, successors, or assigns shall ever reopen, restart, or in any way use, permit or allow to be used the Tank Farm, directly or indirectly, for any purpose other than dismantling, demolition, decontamination, remediation and clearance of the Tank Farm and all surface and subsurface pipes and other improvements on the Property on which the Tank Farm is located (hereinafter, the "Tank Farm demolition") . Golden West hereby agrees that neither it, nor its affiliates or subsidiaries shall ever reopen, restart, or in any way use the Tank Farm, directly or indirectly, for any purpose other than the Tank Farm demolition. Golden West agrees that it will not assign any interest in the Tank Farm beyond what it already has assigned to 119/017029-0003/3206467.5 all/04/98 3 • CENCO. After the Tank Farm demolition is completed, CENCO and Golden West further agree to abandon any and all existing land use approvals which would permit the operation of the Tank Farm. Within sixty (60) days after the date of this Agreement, CENCO further agrees to commence all actions necessary to complete the Tank Farm demolition and to commence all necessary environmental remediation, including soils testing and cleanup, in compliance with all applicable City, State and federal laws and regulations. CENCO further agrees to use all commercially reasonable diligence to complete. said actions within one (1) year from the date of this Agreement. The City agrees to cooperate with CENCO by timely processing all permits necessary for such dismantling, demolition, and remediation. 3. No Use Of The Terminal. CENCO hereby agrees that neither it, nor its affiliates, subsidiaries, successors, or assigns shall ever attempt to reopen, restart, or in any way use, permit or allow to be used the Terminal, directly or indirectly, for any purpose other than remediating, dismantling or abandoning the Terminal. Golden West hereby agrees that neither it, nor its affiliates or subsidiaries shall ever attempt to reopen, restart, or in any way use the Terminal, directly or indirectly, for any purpose other than remediating, dismantling or abandoning the Terminal. Golden West further agrees that it will not assign any interest in the Terminal. beyond what it already has assigned to CENCO. All Parties agree that the Terminal facility shall remain in caretaker status, unless dismantled or abandoned pursuant to the terms of Golden West's lease with the State Lands Commission, which lease shall not be extended or renewed. CENCO and/or Golden West 119/017029-0003/3206467.5 all/04/98 4 further agree to notify the State Lands Commission of their intention to abandon or otherwise terminate the lease of the Terminal. 4. Pipeline conflicting With Development By Mayer Entities. Subject to the second paragraph of this Paragraph 4, CENCO warrants and represents that the rights and obligations of Gulf Oil Corporation set forth in the.Lease and Easement Agreement ("Easement") entered into on or about May 18, 1983 between the City and Gulf Oil Corporation have been assigned to and assumed by CENCO. Subject to the second paragraph of this Paragraph 4, Golden West represents and warrants that it has assigned all its rights and obligations under the Easement to CENCO. CENCO agrees to fully comply with all obligations it has under the Easement including without limitation Paragraphs 5 and 11 of the Easement. In addition, CENCO agrees to provide to the City and to the Mayer Entities within 30 days of the date of -this Agreement its plan to comply with its obligations under the Easement with regard .to the Waterfront Property, including whether or not it will terminate the Easement. CENCO agrees that it will diligently undertake all of its obligations under the Easement in such a manner as to in no way delay the development of the Waterfront Property planned by the Mayer Entities. Nothing in this Agreement shall be construed as modifying or limiting the Easement. Notwithstanding the foregoing, the Parties acknowledge and agree that (i) as of the date of. this Agreement, neither Golden West nor CENCO has furnished to the City (or to the Redevelopment Agency of the City of Huntington Beach (the "Agency") which the City hereby represents is the successor to the City's fee title to 119/017029-0003/3206467.5 a11/04/98 5 1 the portion of the property subject to the Easement that is located north of the northern edge of Pacific Coast Highway and the western edge of Beach Boulevard) the information_ required pursuant to .Section 3 of the Easement, relating to assignments, (ii) nothing in this Agreement is intended to constitute a waiver or release of said provision of the -Easement, and (iii) in the event that for any., reason the aforedescribed assignment of the Easement from Golden, West to CENCO is invalid or fails to become effective due to the provisions of said Section 3 of the Easement, the City and the Mayer Entities shall be entitled to rely upon the plan submitted by CENCO pursuant to the preceding paragraph to the same effect and to the same extent as though said plan were submitted by Golden West, any election by CENCO to terminate the Easement shall be binding upon Golden West, and Golden West shall comply with the same obligations that would otherwise apply to CENCO to diligently undertake all of its obligations under the Easement. 5. Other Onshore Pipelines. Except as expressly set forth in Paragraphs 2 and 4 of this Agreement, nothing in this Agreement shall affect the rights CENCO or Golden West otherwise may have to use onshore pipelines associated with the Easement or other onshore pipelines for the purposes of transporting and carrying liquid hydrocarbons. 6. Specific Performance. The Parties agree that they shall have the right to compel specific performance or obtain other appropriate equitable relief to enforce the commitments as set forth in this Agreement. Each Party agrees that if it violates any of said provisions, any other Party shall be entitled to injunctive relief to prohibit the violation of said paragraphs, and the 119/017029-0003/3206467.5 a11/04/99 6 Parties. further stipulate that the issuance of a temporary restraining order, a preliminary injunction, and a permanent injunction to prevent the violation would be legally -appropriate and warranted, inasmuch as the non -defaulting Party or Parties would be irreparably .injured by noncompliance with these requirements, and thatthe non -defaulting Party or Parties would have no adequate remedy at law if these provisions are violated. Each Party on behalf of itself and its successors, affiliates, and assigns, agrees to the immediate issuance of such relief, and waives any right to notice or a hearing. 7. Covenant Regarding The Litigation. In exchange for the above covenants, the City agrees to dismiss the City Action with prejudice within.three (3) business days after this Agreement is fully executed and delivered to City and the Mayer Entities agree. to cause the Mayer Entities' Action to be dismissed with prejudice within three (3) business days after this Agreement has been fully executed and delivered to the Mayer Entities. Notwithstanding any other provision set forth in this Agreement to the contrary, if the Litigation is not so dismissed, this Agreement shall be void and,of no further force and effect. 8. No Admission of Liability. This Agreement is not intended as, and shall not be construed as, an admission by any Party against any other Party that the other Party has valid claims or defenses. 9. Captions. The captions of this Agreement are for purposes of reference and shall not limit or define the meaning of the provisions of this Agreement. 119/017029-0003/3206467.5 all/04/98 7 10. Counterparts. This Agreement may be executed in any number of counterparts.with the same effect as if all the Parties to this Agreement had all signed the same document. Facsimile signatures will be accepted. All counterparts to this Agreement shall be construed together and shall constitute one agreement. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 12 Authority. Each individual executing this Agreement on behalf of a Party represents and warrants that he or she.has the authority to enter into this Agreement on behalf of the Party to this Agreement and that each signature that appears below binds the Party, including its representatives, officers, directors, agents and attorneys. 13. Parties Have Not Transferred Rights. Except for the assignment by Golden West to CENCO of its interest in the Terminal, Tank Farm and Easement, each Party hereto represents and warrants to each other Party that it is the holder of the rights which are being settled, compromised, or restricted as part of this Agreement and that it has not assigned or transferred to any third party any of such rights. 14. Drafting: This Agreement has been negotiated and the Parties have cooperated in the drafting and preparation of this Agreement. It shall not be construed against any of the Parties in the event of ambiguity. .15. Litigation Expenses. In the event of litigation arising to enforce. this provisions of this Agreement, the prevailing party shall be entitled to recover its reasonable 119/017029-0003/3206467.5 all/04/98 8 • 1. 0. attorneys' fees, expert witness fees, and costs in addition to whatever other remedy it may obtain. IN WITNESS WHEREOF, the Parties to this Agreement have executed,this Agreement as of.the date--fjrst written above. DATE: November , 1998 DATE: November1998 DATE: November 20, 1998 Nl,r:r. R06 Its President GOLDEN WEST REFINING COMPANY By: e, ,gssovP Its: �n /aR V• P. i/ 119/017029-0003/3206467.5 all/04/98 9 r 0 • DATE: November, 1998 THE ROBERT MAYER CORPORATION By Robert L. Mayer Its Chairman By Steph n K. Bone Its President DATE: November �, 1998 MAYER FINANCIAL, LTD. By: RLM Management, Inc., a California corporation, Its General Partner BY Robert L. -Mayer Chief Executive ficer B Robert L. Maye r. Secretary DATE: November �-I, 1998 THE WATERFRONT HOTEL, LLC By: Waterfront Development, Inc., a California corporation, Manager By O'nP Robert L. 'Mayer 0 Chairman By Stephen -Ij. Bone President 119/017029-0003/3206467.5 all/04/98 10 DATE: December_ g, 1998 CITY OF HUNTINGTON BEACH By :=!,Reter Greenrt*,:,�� Its -Mayor ATTEST: Lid? l� By Connie Brockway, City erk City of Huntington Beach r��8�5� APPROVED AS TO FORM: By A T Gall Hutton, CTty Attorney Cit of Huntington Beach f ./ l �p 119/017029-0003/3206467.5 a11/04/98 11 •rye City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: CONNIE BROCKWAY, City Clerk FROM: MATTHEW LAMB, Real Estate Services Manager SUBJECT: Quit Claim Deeds from CENCO, Golden West Refining DATE: February 3, 2000 After reviewing all the documents involved in your request to determine whether the Quit Claims were properly conveyed, the Lease and -Easement Agreement ("Lease"), commencing on December 19, 1980, seems to be the relevant instrument relating to this issue. The Lease specifies in paragraph 13, Termination, that the Assignee shall upon termination deliver to the City a good and sufficient Quitclaim, if requested by the City, and shall restore said real property, etcetera. With this statement, though, two questions arise: (1) Who is the Assignee? and (2) Is the City still the leasing entity? (1) The original assignee or lessee was Gulf Oil. Gulf Oil, however, exercised their assignment rights on August 1, 1983 and transferred all rights to Golden West Refining Company. Thereafter, supposedly Golden West Refining Company transferred their rights on or about June 1998 to CENCO Refining Company. Since the City of Huntington Beach and the Redevelopment Agency have not passed a resolution accepting or recognizing the transfer from Golden West to CENCO, a Quit Claim would be required by both entities. (2) Based upon the City of Huntington Beach's transfer to the Redevelopment Agency on January 30, 1989 fee ownership in Parcels 024-250-73&74, the Quit Claims dated June 1, 1999, which specifically impact those parcels, should be directed to the Redevelopment Agency as the property owner. The City still retains rights to those areas where the pipeline easement extends outside of those specific parcels. CENCO and Golden West'by entering into the Settlement Agreement ("Settlement"), dated October 2, 1998, with the City of Huntington Beach effectuated a mutual termination of their rights in the Lease and triggered the requirements of the Termination paragraph. The City of Huntington Beach by resolution accepted and signed the Settlement. Since it is the City's requirement for the assignee to provide a Quit Claim as part of the Lease, then it reasonable that the City defacto by this requirement has granted the authority to accept all Quit Claims relating to any and all release of rights along the entire length of the easement. If a specific action is required by code or practice, then an Agency action accepting the deeds and granting authority to the City Clerk to record would be the appropriate course of action. • • { If I can be of any further assistance or you would like to discuss this further, please contact me at x5445. M L/mtl CC: David Biggs, Economic Development Director John Reekstin, Administrative Services Director John Fujii, Deputy City Attorney 0 • City Administrators Office To: Mayor and City Council Via: Ray Silver, City Administrator From: Date: fire G'�i�e� �o/a�tr /7r�eiJfeaC� �PdQte, erexAe,o v/o .Gore. ev;nmvn Iea td'on - Sri1PF�Pr�R G eya1'edCO 9���4P•_ Olf-P ele 10 r;rt; Michael Dolder, Acting Assistant City Administrator/ Fire Chief r� September 4, 1998 Subject: Golden West Refining Company Update and Course of Action The potential environmental impacts resulting from the reactivation of the Golden West Tank Farm at Newland and Pacific Coast Highway and the offshore marine terminal are as real today as they were in 1990. Remembering the 1990 community devastation and economic losses resulting from the American Trader oil spill, the City Council has gone on record in strong opposition to any reactivation of the Golden West Refining Company oil operations. In support of this opposition, Council directed staff for advice on the best methods to oppose the resurrection of the oil transfer facility. Since Council's direction, staff has been coordinating opposition strategies and activities 11 with the City of Newport Beach, local residents, homeowner groups, and business owners. This opposition team strongly opposes the activation of the tank farm and marine terminal facilities. Environmental groups have also joined in opposition efforts. Background CENCO Refining Company, a Delaware Corporation owned by televangalist M.G. "Pat" Robertson, has purchased the Powerine Oil Company in Santa Fe Springs. This purchase includes an oil refinery with a production capability of 50,000 barrels per day. The refinery purchase has resulted in "discussions" to reactivate the Golden West Refinery's Tank Farm and the offshore marine terminal, both located in Huntington Beach. Although, to date, no city application or specific project description has been filed by CENCO, they have given written notice to Mill's Land and Water Company requesting consent to an assignment of the Golden West Tank Farm property lease. CENCO representatives have stated: "A key to (Powerine's) success is the access to Huntington Beach Marine Terminal owned by Golden West Refining Company." In meetings with CENCO, staff has advised their representatives that the Fire Department issued a stop work order "Red Tag" for all activities at the tank farm site. CENCO was further advised in July and August that all Golden West Tank Farm operations and site activities are prohibited while the stop work order remains in effect. CENCO was further • • 09/04/98 0 Page 2 advised that the City is adamantly opposed to any reactivation of the tank farm and that they should consider other crude oil supply sources for their Powerine Refinery. Until CENCO submits a Golden West Tank Farm project description and applies for reactivation through the Fire Department, the stop work order will remain in effect. Other than City Council's strong opposition to the reactivation, no current mechanism exists to take action relative to the tank farm facility. Council will continue to receive updates as conditions change or action is required. Broader Issues CENCO has been attempting to acquire and reactivate oil facilities through a piece meal approach. Numerous members of the opposition team have also advised CENCO that under CEQA requirements, the single "Project' really has three components: 1) Powerine Refinery, 2) Golden West Tank Farm, and 3) Huntington Beach Marine Terminal. Consequently, the entire "Project" should be reviewed under CEQA guidelines. Specifics 1) On September 2, 1998, in direct opposition to numerous requests for public hearings and CEQA compliance, the City of Santa Fe Springs approved and authorized a modification to a 1980 Conditional Use Permit (CUP) which allows the reactivation of the Powerine Refinery, now CENCO. Staff and the opposition team believe that the City of Santa Fe Springs failed to follow CEQA requirements. The City Attorney in the September 8th closed session will be reviewing legal options with the City Council. In, addition, CENCO is pursuing the reactivation of the South Cost Air Quality Management District's permit to operate the Powerine Refinery. 2) The Golden West Tank Farm falls directly under the controls of the City. Currently, the facility has a stop work order "red tag" issued by the Fire Department. Any decision to rescind would be based on departmental reviews and conditions including CEQA compliance through the Community Development Department. Prior to any staff determination, City Council would be advised of all staff determinations and required approvals. Again, to date, the Golden West component of the "Project" has not been described by CENCO or requests made to rescind the stop work order. Subject to the project description, the Coastal Commission could also have review authority. 3) The final component of the "Project" is the offshore marine terminal which falls under the jurisdiction of the State Lands Commission. Currently, the terminal is in "caretaker" status. To date, no action has been taken by the State Lands Commission. 09/04/98 • Page 3 Alternatives Obviously, the most acceptable alternative would be not to reactivate the Golden West operation. In this case, Powerine would obtain its crude oil supply elsewhere. If CENCO does submit a "Project' that includes the Golden West Tank Farm, staff would need to review all the conditions to legally operate the facility remembering that the "Project" must meet all CEQA, Coastal Commission, zoning, city codes, and franchise and lease agreement requirements. Short Term Actions 1. Continue staff opposition to the "piece meal" approval of the "Project" and make recommendations to Council for legal action against the City of Santa Fe Springs. 2. Continue the stop work order on the tank farm. 3. Continue opposition to the reactivation of the offshore marine terminal. Long Term Actions 1. Obtain CEQA compliance for the "entire project" including the Powerine Refinery in Santa Fe Springs. C: Gail Hutton, City Attorney City Task Force F B 01. CITY OF HUNTINGTON HUNTINGTON BEACH co ~In BEACH .�CZ;? pa N- ��.�.�,�,.�.��,-.�� ram, CITY COUNCIL COMMUNICATION TO: Connie Brockway, City. Clerk FROM: Ralph Bauer, City Council Member DATE: June 29, 1998 SUBJECT: "H" Item for the July 6, 1998, City Council Meeting ;- Renewal of Offshore to Onshore Oil Pumping c; There is information that resurrection of offshore to onshore oil pumping is to occur again in Huntington Beach. I believe the City Council should consider opposing this oil activity since we are increasing the potential of negative impact on our beaches and residential neighborhoods. If the Council agrees, it is requested that staff provide us a report on how the City Council might oppose resurrection of this oil transfer program. xc: Mayor and City Council Ray Silver, City Administrator Mike Dolder, Acting Assistant City Administrator ICJ Memo To: Mayor & City Council Via: Ray Silver, City Administrator From: Michael P. Dolder, Fire Chief Date: January 11, 1999 Re: Update on Golden West Tank Farm, Marine Terminal and Powerine Refining Company The Settlement Agreement (Attachment 1) between CENCO Refining Company, Golden West Refining Company, the City of Huntington Beach, and the Robert Mayer Corporation was signed by all parties and became effective :October 2, 1998. Based on this agreement all previous disputes are resolved. Therefore, the City of Huntington Beach and the Mayer Corporation dismissed all litigation with prejudice. On December 30, 1998, the South Coast Air Quality Management District notified the City (Attachment 2) that it has reinstated Powerine Oil Company's Santa Fe Springs facility permit. Because of our Settlement Agreement, operating the Powerine refinery in Santa Fe Springs will no longer have an impact on Huntington Beach. Therefore, no City action or comment is required relative to the South Coast Air Quality Management District's action. If you have any questions, please call me at 536-5402. c: Gail Hutton, City Attorney s Department Heads 00 C) O � 0 Page 1 DEPARTMENT HEADS/MAYOR AND CITY COUNCIL DISTRIBUTION LIST 1. RAY SILVER, City Administrator 2. MELANIE FALLON, Assistant City Administrator 3. RICH BARNARD, Deputy City Administrator 4. ROBERT BEARDSLEY, Director of Public Works 5. DAVID BIGGS, Director of Economic Development 6. CONNIE BROCKWAY, City Clerk 7. ROSS CRANMER, Building Division Director 8. MICHAEL P. DOLDER, Fire Chief 9. SHARI FREIDENRICH, City Treasurer 10. RON HAGAN, Director of Community Services 11. RON HAYDEN, Director of Library Services 12. GAIL HUTTON, City Attorney 13. RON LOWENBERG, Chief of Police 14. JOHN REEKSTIN, Director of Administrative Services 15. HOWARD ZELEFSKY, Planning Division Director p\administrative\DH Dist List (01/12/99) Page 4 - Council/Agenc inutes—10/19/98 • (CITY COUNCIL) REPORT OF ACTION TAKEN AT CLOSED SESSION REGARDING CITY OF HUNTINGTON BEACH V. CITY OF SANTA FE SPRINGS (CENCO — GOLDEN WEST REFINING COMPANY) —>On October 2 5, 1998 in closed session at the regular meeting of October 4-6 5, 1998 the City Council approved a Settlement Agreement by a vote of 7-0 among CENCO, Golden West Refining Company, City of Huntington Beach, The Robert Mayer Corporation, Mayer Financial, Ltd. And Waterfront Hotel, LLC (collectively the "Mayer Entities") to be effective as of October 2, 1998. The Mayor and the City Clerk were authorized to execute the Settlement Agreement. (Settlement Agreement provided to the City Clerk for public review.) CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: None PLEDGE OF ALLEGIANCE AND INVOCATION The Pledge of Allegiance was given. The Invocation was offered by Peggy Price, Church of Religious Science. CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA Pursuant to the Brown (Open Meetings) Act, City Clerk Brockway announced the following late communications regarding agenda items which had been received following distribution of the agenda: City Treasurer's Slide Report dated October 19, 1998 Communication from the Economic Development Director dated October 19, 1998 titled Additional Language For Amended and Restated Mobile Home Acquisition and Relocation Agreement Slide report from the Economic Development Department dated October 19, 1998 titled Driftwood Mobile Home Park Amended and Restated Acquisition and Relocation Agreement (MARA) Communication from Timothy J. Stripe, Co -President, Grand Pacific Resorts, Inc. dated October 17, 1998 regarding the CIM request for a six-month extension for their Exclusive Negotiating Agreement for Blocks 104 and 105 with the Redevelopment Agency Of Huntington Beach and Grand Pacific Resort, Inc.'s interest in pursuing a high -end hospitality timeshare project on this site 110 • C� CRAIG A. MOYER DEMETRIOU, DEL GUERCIO, SPRINGER 8 MOYER, LLP ATTORNEYS AT LAW 801 SOUTH GRAND AVENUE, IOTH FLOOR LOS ANGELES, CALIFORNIA 90017-4613 (213) 624-8407 December 4, 1998 CHRIS G DEMETRIOU (1915-1989) OF COUNSEL RONALD J DEL GUERCIO RICHARD A. DEL GUERCIO JAMES P DEL GUERCIO FAX (213) 624-0174 VIA MESSENGER Paul D'Alessandro, Esq. Deputy City Attorney 7-_ City of Huntington Beach = ? > , 2000 Main Street Huntington Beach, California 92648 t;; ;? Re: CENCO Settlement Agreement Dear Paul: Enclosed please find four original Settlement Agreements executed by all parties except the City of Huntington Beach. After each of the four documents have been dated and signed by Mayor Dettloff, Connie Brockway and Gail Hutton, please distribute one original to Kathy Jenson of Rutan & Tucker as counsel for the various Robert Mayer entities and two originals to me. I will return one to Golden West and the other to Cenco. You should retain the fourth original for the City of Huntington Beach. Please contact -me when the City of Huntington Beach has signed the document as that triggers the various timelines in the Settlement Agreement. After the document is completely signed, the City of Huntington Beach and the Mayer entities each will have three business days to dismiss with prejudice the actions in this matter. If you have any questions regarding the foregoing, or require anything further of me, please call. Best regards. Very truly yours, Craig . oyer CAM:lc Enclosure cc: M. Katherine Jenson, Esa. N07—E : 0'fI la / elec,_' f":j/a r ��147 � i � Crc.I 111�PS4`IC%'rU 7