The URL can be used to link to this page

Home My WebLink AboutProposed Bolsa Chica Land Acquisition - Proposed ConditionsCi , Y OF HUNTINGTON BED,-'H HUWING TONBEACH CITY COUNCIL MEMO S m To: Honorable Mayor and City Council Members From: Ralph Bauer Date: February 26, 2001 Subject: "H" ITEM FOR THE MARCH 5, 2001 COUNCIL MEETING -BOLSA CHICA ' STATEMENT OF ISSUE: City support to private organizations for land acquisition in the Bolsa Chica should be subject to some conditions. In exchange for the prestige being lent by and the manpower costs being incurred by the City, I move that the following conditions be included: 1. The land proposed to be acquired should be described. satisfactory to any agency funding the acqtiosition. We 3. Efforts should be made to encourage landowners to become willing sellers. It would be unwise to expend substantial city resources to identify adequate funding only to find the landowner will not sell. va4PQ-n 0-1.q (3- 4. Any proposal that results in acquisition of the "mesa" 5-h444also include acquisition of 54 acres of the Linear Park, since the 54 acres of the Linear Park will only be donated if houses are built on the mesa. SW- M0-z'b pfws 5. The land proposed to be acquired lies mostly in the County. It would not be proper for the City to embark on a campaign for land acquisition without County involvement. Organizations spearheading the acquisition of land should approach the County as they have the City and ask for a motion of support. Cflft'KOMED -7-61 6. Currently there is a lawsuit pending on a "takings" issue. The City should do nothing that could result in the City becoming a co-defendant in this lawsuit. It should also be noted that this lawsuit will take a number of years to be resolved. It is thus unlikely that acquisition of the land involved in the lawsuit can be acquired until legal challenges have been eliminated. Any acquiring agency will want clear title to land. No title company will guarantee title in the face of a pending lawsuit. ��ffmvcP 13- 2 (&PApIIAN i 0-01< �h)] NzCu- "H" Item - Bolsa Chica Page 2 February 26, 2001 7. Ultimately, the City staff must develop a work plan to accommodate the acquisition program. This work plan should be developed in conjunction with the Intergovernmental Affairs Committee and approved by the Council. The plan should include a mechanism for the role of the, city lobbyists in Sacramento and Washington. The work plan should also accommodate the desires of the many organizations that support the Bolsa Chica. It should be noted that the City Administrator has requested that the Council impose at least a six-month moratorium on new projects because of the large number of projects already imposed by the Council Gk&'VJI) 6-1 (93A.pMAO �k)] 8. Interaction with the City on land acquisition in the Bolsa Chica should take place primarily through the Intergovernmental Relations Committee, not directly with the staff or lobbyists in Sacramento and Washington. T'Vze p7 we► 9. In this era of tight budgets, it must be recognized that there is no city money easily available for land acquisition. It should also be noted that Proposition 12 money for the City has been fully allocated including the competitive grant portion of Proposition 12. Proposition 12 money is not available for land outside the City limits. SK-e NET& 4 T 10. must be free of contamination and leasehold interests or a funding mechanism must be in place to cure these encumbrances. 5�_=e "s.TCA„�-_-D -(?6w-s 11.The City is free to pursue annexation of the Bolsa Chica should the appropriate majority of the Council so direct. A previous study has shown that the City will benefit financially and receive improved fire protection and water storage capacity if annexation occurs. �Ney p ;--I (mawWq NjJj in M -a he-watefs-_ef __ it y-FeEquests-t-hia @FganizatirrrrsFeE}l-Festing-Ia-Rd--- -aegtt+sitien-s-uppert-fFE)Fn the -City-s-hould-also-suppoFt4GG9/-divefsien-of-- `hrrtersarg-C-Iiarmel-into-tl�e-Festored-Balsa-C-f�ica-AfetaFrds- dtac-ent-to4he43o+sa-C-hica-and-th e-thou-sa nds-of-ad ut-ts-an-d- se-Huntingtof-H-a-Fbotf-beac-hes-wil4-bene€it-from-diver-sien-- ef this -uFban-rdfre#f-. 2 "H" Item — Bolsa Chica Page 3 February 26, 2001 • i i v ' _ 'and _ plan of _ _ _ _ Park as _ • _ modifications in response DO • (20) March 5, 2001 Council/h,ancy Agenda -Page 20 H-2a. Submitted By Councilmember/Agency Member Ralph Bauer (City Council) City Support to Private Organization Working Toward Land Acquisition in the Bolsa Chica (440.60) — Communication from Councilmember Ralph Bauer submitting the following Statement of Issue: City support to private organizations for land acquisition in the Bolsa Chica should be subject to some conditions. In exchange for the prestige being lent by and the manpower costs being incurred by the City, I move that the following conditions be included: Recommended Action: Approve the following conditions: 1. The land proposed to be acquired should be described. 2. Organizations spear -heading land aGquisition should obtain appraisals satisfaGtory to any agenGy funding the aGquisitien. [An appraisal must be done but not at city expense (7-0)] 3. Efforts should be made to encourage landowners to become willing sellers. It would be unwise to expend substantial city resources to identify adequate funding only to find the landowner will not sell. [Approved under H-1a] 4. Any proposal that results in acquisition of the "mesa" rest should also include acquisition of 54 acres of the Linear Park, since the 54 acres of the Linear Park will only be donated if houses are built on the mesa. ["must" Failed 3-3 (Garofalo, Dettloff, Bauer No)] ["should" instead of "must" Approved 6-0-1 (Green out of room)] 5. The land proposed to be acquired lies mostly in the County. It would not be proper for the City to embark on a campaign for land acquisition without County involvement. Organizations spearheading the acquisition of land should approach the County as they have the City and ask for a motion of support. [Approved 7-0] 6. Currently there is a lawsuit pending on a "takings" issue. The City should do nothing that could result in the City becoming a co-defendant in this lawsuit. It should also be noted that this lawsuit will take a number of years to be resolved. It is thus unlikely that acquisition of the land involved in the lawsuit can be acquired until legal challenges have been eliminated. Any acquiring agency will want clear title to land. No title company will guarantee title in the face of a pending lawsuit. [Approved 5-2 (Boardman, Cook No)] (Continued on Next Page) (21) March 5, 2001 Council/f.yency Agenda -Page 21 7. Ultimately, the City staff must develop a work plan to accommodate the acquisition program. This work plan should be developed in conjunction with the Intergovernmental Affairs Committee and approved by the Council. The plan should include a mechanism for the role of the city lobbyists in Sacramento and Washington. The work plan should also accommodate the desires of the many organizations that support the Bolsa Chica. It should be noted that the City Administrator has requested that the Council impose at least a six-month moratorium on new projects because of the large number of projects already imposed by the Council. [Approved 6-1 (Boardman No)] 8. Interaction with the City on land acquisition in the Bolsa Chica should take place primarily through the Intergovemmental Relations Committee, not directly with the staff or lobbyists in Sacramento and Washington. [Already agreed] 9. In this era of tight budgets, it must be recognized that there is no city money easily available for land acquisition. It should also be noted that Proposition 12 money for the City has been fully allocated including the competitive grant portion of Proposition 12. Proposition 12 money is not available for land outside the City limits. [No current project on Prop 12 list should be sacrificed and the lobbyist will inform city if Prop 12 grants may be used for projects outside the city — Approved 7-0] 10. Any land to be araquiFed If the city acquires the land it must be free of contamination and leasehold interests or a funding mechanism must be in place to cure these encumbrances. [Approved 7-0] 11. The City is free to pursue annexation of the Bolsa Chica should the appropriate majority of the Council so direct. A previous study has shown that the City will benefit financially and receive improved fire protection and water storage capacity if annexation occurs. [Approved 6-1 (Boardman No)] (Continued on Next Page) 0 (22) March 5, 2001 CouncilLk.ancy Agenda - Page 22 12. Although they aFe not directly a paFt of the land aGqU*SmtuGn pmgram, theFe are three .S land use plan of the LineaF Park as appFaved by the County, [No motion required] IN e