HomeMy WebLinkAbout1996-02-21 - AGENDAS - REDEVELOPMENT AGENCY SPECIAL SESSION (2)1
MINUTES OF CITY OF SANTA CLARITA
CITY COUNCIL/REDEVELOPMENT AGENCY
SPECIAL CLOSED SESSION MEETING
CALL TO ORDER
ROLL CALL
PUBLIC PARTICIPATION
RECESS
CLOSED SESSION
ANNOUNCEMENT
RECESS
CITY ATTORNEY
ANNOUNCEMENT
5:00 P.M.
WEDNESDAY, FEBRUARY 21, 1996
Mayor Boyer called to order the special meeting of the City Council
and Redevelopment Agency at 5:00 p.m.
All Councilmembers were present.
There was no public participation.
A 5:02 p.m., Mayor Boyer recessed to closed session in the Orchard
Room.
City Attorney, Carl Newton, announced that this closed session is for
the purpose of conference with legal counsel - existing litigation -
Government Code Section 54956.9(a) - Castaic Lake Water Agency
vs. City of Santa Clarita and Redevelopment Agency #1 AND #2
Mayor Boyer recessed the closed session to the regular meeting of the
City Council at 5:29 p.m.
City Attorney, Carl Newton, reported on the pending litigation,
Castaic Lake Water Agency vs. Santa Clarita, 2 cases, one being the
Environmental and the other being the Validation Case. A meeting
was scheduled Friday, February 16, between Counsel representing
both sides and the Manager of the Water District and the City
Manager. The purpose of that meeting was to discuss settlement
issues and it was in response to a letter which was sent by the
President of the Board, dated the 26th of January, and I have a copy
of it here, outlining four points of acceptance. We discussed that
letter, and we discussed the settlement issues at this meeting and we
reached an agreement between the parties as to basic issues and the
agreement was based upon this understanding, and there was
concurrence, by the way, on the part of the attorney present and the
administrative head of the Water Agency and the City, and that we
would present to the City Council and the Board Directors of the
Water Agency provisions of the settlement in an appropriate forum
by way of settlement agreement. The terms of the settlement were
agreed upon were as follows: both parties would accept the Court of
Appeal ruling. The Court of Appeal ruling as you all know was in the
environmental case and that reversed the determination of trial court
in the City's favor. The Court of Appeal ruling ultimately said that
the redevelopment plan, the disaster plan required environmental
review. The second item of agreement was that the City and the
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Redevelopment Agency and the Castaic Lake Water Agency would
enter into an appropriate stipulation in the Superior Court
proceeding to terminate the Disaster Recovery Plan. The third point
of agreement was that Castaic Lake Water Agency acknowledges
that the City and the Community Redevelopment Agency may pursue
traditional redevelopment plans in the future which may include
earthquake repair and other community needs in accordance with
applicable law including the provisions of AB1290. The fourth point
of the agreement was that Castaic Lake Water Agency and the City
and the Redevelopment Agency shall bear their own respective fees
and costs of litigation. That is that neither side would pay either
costs of the other side. Those were the four points and it was agreed
that a settlement agreement would be prepared by my partner Drew
Bridges and presented to the City Council and to the Water Agency
for consideration. We received today a proposed stipulation from the
attorneys for the Water Agency that is not in concert or in harmony
with the agreed upon settlement terms, and we recommend that the
City Council not approve that form of stipulation. We have prepared
a settlement and release agreement that does incorporate the terms
that I just outlined and it is our recommendation that, that
settlement and release agreement be approved and executed by the
Mayor and the Chairman of the Redevelopment Agency and
transmitted to the Board of Directors of the Water Agency for their
consideration.
It was moved by Heidt and seconded by Darcy to approve the
recommendation.
On roll call vote:
Ayes: Heidt, Darcy, Pederson, Smyth, Boyer
Noes: None
Absent: None
Excused: None
Motion carried.
CHAIRMAN BOYER As Chairman of the Redevelopment Agency I'll ask for a similar
. motion from the Director of the Agency.
It was moved by Director Pederson and seconded by Director Smyth
to approve the recommendation of the City Attorney.
On roll call vote:
Ayes: Heidt, Darcy, Pederson, Smyth, Boyer
Noes: None
Absent: None
Excused: None
Motion carried.
ATTEST:
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CITY CLERK
minfeb21.96.sic
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Hearing no objections, it was so ordered.
MAYOR