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HomeMy WebLinkAboutThe Huntington Beach Company and wholly-owned subsidiary Huntington Seacliff Corporation - 1985-09-03 s�? r, , , ,,lr ,I`• . , , w - ', `,.!' ate''', ' it 1 RELOCAi 10K AGREEMENT FOR HUNTINGTON SHORES MOBILE HAdtK D• k ITT I ��i�D xI. ' 1�iE . t REDEVELOPMEL7T AGENCY OF TIC CITY OF HUNT INGTON BEACH AND THE ,HUNTINGTON BEACH COMPANY Agreament is entei'e1 into this day of , 1985 by ' and hatween than CITY OF P P HUNTI GTON S9ACH, a .lyunici al ,Cor oration a.E the ; State of Cali foknia►, (hereafter called "CITY" ) , the REDEVELOPMENT AGENCY'' OF THE CITY OF HU'NTINGTON BEACH, an agency and instrumentality of ,the State . of CzJ.f fornia, (hereafter .,called "Agency" )? ,and ir HUNT7�NGTCN ,BEACH :COMPANY, a CA corporation (hareaffier called "HBCo" ) and Is entered i::to with respeot, to •the, . following facts i RECITALS WHERFAS . RSCo is' the' owner of approxiimatoTy dive ( 5 ) acres of ,reai',,,proper.ty iocate'd at the corner. of Pacific" Coast Highway,— t ntin ton Strati* Hu in t'onr Beach California known ^i _tnc:' Hu i., i Huntington Shortie Mobile Home Park ('hereafter the " Park" ) , - an2! Ilk o no r 1':%Aaas the Park ' to .lts who.11y7-oowned nubsidittr ,. . F?untirsgtori 5e6ciiff Corporation Lfiere-:fteu called "Se�ac'liff" ) , Sa`bcli f f now opeirates a .mobile hone pra xk' i�t 'the location ,Of G Al Park; ' where, twenty-one ( 21+)� 66cUpi ed mobi�lw ha�ae aura , 1? lo-cated, .ana_ yy HBr o and 8eacliff wish to ter'minate' the lease 'far the Park It and clo** the..;ark on .A`prii .1`, 1966, and r i '� i r Mr i�ursuant to Huntington Beach Ordinance Code Sect'i-)n `9270, HBCo . AL'ntends to supply to the Iiuntington, Beach City Council for permission to change' ' the use of the park to vacant land, and The Park in located in the areas covered by Agency' s Vowntown Redevelopment Plan, and closure of the Park is in. furtherance of tfie goals of such Plan# and CITY : and''Agency desire to purdhase .certain property located at Goldenwast Street and Ellis Avenue , Huntington Beach, 1+ California, commonly known as the "Musbroom -Farm" for the , purpose of constructing -a mobile hone relotication park (hereafter called "Relocation Park" ) . for those 'mobile homes and their o`cupants.,prese'ntly., in tho Park au well as other mobile home park residents which may bet , displaced from`'closed parks in the ` future. NOW, .,THEP EFORE, the pa,r,i"►.hem . coven'wnt and agree `as follsws : ], : PF�1Ti 'NT .Tn C I'fY ,t p ",nis Agreemer.,! by all naz i i es HBCo shall , U on e;�ecution of . -pay to .CITY the sum of T;io Hundred Fifty .11pusand Dollars 2 . NOTIFICATION ..OF ELECTIQN TO :MOVE CITY shall advise ,HBCo ; in writing , on or ' before February 1, 1985', a:f , those residents ' of the park who' elect. to -move,, together ` f ;ei ,mobile homes , the Relocation Park to �r with th r, TRANSPQRTATlO OF MOBILE, HOMES Hko shall ' nakle all,arrangements necessary .Und apjaropriate to transport the mobile homes of all' residents of the Park; who ;., elect •io move to auch, 'Relocation hark . F39Co shall provid,,e ..all. • i. . Y.' I� 1 usual formsO, of insurance subject to apnrovsl of the City Attorney. , The City Attorney shall review and approve the fo=m L, of °Agreemer;t ..o!:to='7d into,,with the transporter. 4. PAYMEW of RELOCATION COSTS , MBCo shall. pay alli -relocation costs required, by law %cithin thirty (301 days of receipt of verification of,,;.'such cos;:s: EXCLUSIVE OHLIGA'TION X013. REMOVAL Except an- provided herein, 'ifBCo shall,'have 'Ino oblil§ation or responsibility what'fsver to move or cause to be moved, or. assist' therewith, the residents of tbp,, park` who wish to move to the I Relocation Park, or the mobile •homes, occupied by them. G. -RELEASE OF HACo FROM .IOUTURE OBLIGATIONS The payments by. HBCo. reci*ed in Sectione 1 and. _4 above are agreed. by the parties to be in full satisfaction of all exactions,' raduireiments ,and obligations which may be imposed ,on of ..L1gCo ur.suant •to ,:Cali form*a,or req rad' p i , Government Code.' tYon�65590 e' t , seq. , the Comrouni t r .:R. edevelo2ment Law (Cali1fprif1& ,Hea1th and, safety Code Code 33000 et eecr and/or city ordinance 9270 et seq. in coxna'ection with the cbange of use of ;the Park or the. relocation of )the Park residents and ' the mobile homes occupied by, . tham:' 7� C TY -FORFEITURE ' OF HBCo` PAYMENT UPON COUNCIL- FAILURE APPROVE.. , ROVE is .. . They•-payW4nt .made ` by HBCo pug:wuai nt to .Section :l :above .shall be', returned ;im; ftili 'to Hs, on pltober ,111. 19es; if CITY 's City Council has -note .,+xnproved -prior;•to October 1, 19g5 , HRCo s' . ' �,reeaqueit ,,for,: a .�change f use, of t:h Park to vacant land ,pursuant tee ,CitV0rdinannce 9270.'49' 3. `. i • it . . j!'. 'I ,. , , 1 1 . S. RETURN OF DEPOSIT For each of the twenty-one ( 21) mobile homes which, along �! with its occupants does not move to the Relocation Park, on or before April 10 1.986, ^ITY shall nay HBCo the sum of Twelve Thousaind and 00/100 Dollars ($12, 000.00 ) on or before May 1, . • 198�'. , 9 . CALIFORNIA, LAW CONTROLS This Agreement': shall big goverhed by the laws of the State of �►li' arn�a ., . 10 ;-EXCLUSIVITY OF.,REMEDY The gAercirse by either party ';of any ric�hIL or remedy iii l f not preclude '` the exercise' by'' it, at the same o 'I different t mas, of any other rights or remedies for the.. same default or any other default ,by the other party. 11 . NO::WAIVER OF DEFAULT f t.. ile 7 e party ixi uaeertiirig any ofAnY faur " r dela s tiY eitb its rights and remedies ais :to any' default eha11, not operate as r << waiver of any default or of any such rights or, romedias, or '^ deprive 'either such' party of its right to institute and maintain,, any actions- or proceedings which it may deem neceasary to pro4act, assert or, enforce 'any such ri `whts or remedies'. j 12J N0 PERSONAL LIABILITY Or CITY EMPLOYEES embr►r� . official or`�employee of CITY or Agency shall' bo , pereo lly liable .to RaCo.l` or -any succeador in irttergst, in the t ,, event of any def1t or breach by CITY or , •s ` ­;Agency. ,.or fo'r any,: . , amount whi;.h may become dint to HBCo or.', aaccessor on , anp Obl.�i'gat3ariii ut�de>,� .the t'er>� of this 'Agreement . 4 , C 1, ­aV s• , 13 . AGREEMENT ENTIRETY This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the partie3 or their pcedeCeesors in interest with respect to all or any part of the subject matter hereof , 144 WAIVED AND �AMENDMENT TO BE WRITTEN All walvars of the provisions of this Agreement must be in wriiAng and all amendments hereto must be -in." Writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreemrht 'on the 'date first written above: REDEVELOPMENT AGENCY F THE CITY OF HUNTINGTON BEACH By- it •xmn KTTESTe" APPTiOVEDs Agency C erk 'r Agency ,,Counsel . 9 HtiNxYNG�'dN. ak;ACH COMPANY CITY 'OF HUNTINGTON BEACH California • "d' corporation a municipal cor`poratian ' "r •; B a • J "l :* t e A&I President Mayor i a ;. 1 e t,l e XfTEST C ty ,C1ar V �' �. r + ♦ r 10 ti *. / r f 1 • t��' / • r - t is 26 Ail r ej I 4 REQUEST F(" "� REDEVELOPMENT ff�- EN.PoY ACTION R1-i 85-40 Date 2 Honorable Chairman and Redevelopment Agency Me ers' , �pu Submitted to: Submitted by: Dy�U �Y Gi'�� Charles W. Thompson, Chief Executive Officer �4aYJ1 ) Y Douglaa N. La Belle, Deputy City Administrator cxrY C. Pre lred b : � t p� r - .. RELOCATION AGREEMENT WITH HTJN,TINGTON BEA H Subject: RECiARD1t O HUNT'INGTON SHORES MOBILE HOME P_�l ....-- Consistent with Council Policy? wyes ( ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEkENT OP I UEs ' On August 19, 1985, the City Council approved a Relocation Agreement between the City of Huntington Bea'eh, the Huntington Beach Redevelopment Agency, and the Huntington. Beach Company. In doing so, the City Co�a>;1,ell instructed the City Clerk to execute said Agreement. 'nib: action of approviil,b'y`the'City, Council on,August,19th should have included approval by the Redevel opmFnt Agency, l RECOMN19NDATIO Approve the,attached Agreement. FUNDING SOURCES No funds 06quired. ATTACHMENT3x 1. Agreemrizat between- the City/A&nr;y and Huntington Beach Company. 2. Copy of Ruquest for City Council Action agenda item of August 19, I985. ` CW'T/DLB/CPSap ix87h ', r !• ' ' it ', '/(f ! - I// tl .. r ; 1 li E.� " ��� C1TY GOUNG.' A�`�JI �I .� REQU Date . JAU4l1,st�L9-'r_'&29 c i Subrnittedto: honorable Mayor and City Council %bmitted by: Charles W. Thompson, City Administrato .p - Prepared by: James W. Palin , Director of Development Services Q Subjew': HUNTINGTON SHORES MOBILEHOME PARK, AGREEMENT .AND RESOLUTION Or CHANGE OF USE TO VACANT LAND g 5 S Conslcw.I with Council Policy? VK Yes ( ] New Policy or Exception �0 Stainsent of lssge, Recoinnendation, Analysis, Fundhin Source, Alto nAtW&A,cti0ns,,At ....S/.?o P'saq STATEMENT OF ISSUE; `t .. ............CITY CLERK On*_April T'6 , 1985 the Planning,,,Commissiori approve � Hho es ton cati ordinance Plan as required by Article 927 of the Shores REl;ccation A .. g ' Code. .The approval. inc?ude d an agreement, � to ' be eftered into, between . the applicant and the City regarding i contr i,p1jtion of funds to the City for purposes of development of a Mnb.ilcehome Relocation Park _ That Agreement 'is transmitted herein i alang with a Resolution of Change of Usc to Vacant Land . RtCOMMENDATION: Approve the attached Agreement and Resolution of' Changer of Use to Vacant- Land . ANALYSIS: Tr, ei approved 1iunM{ .g.tod Shores Relocation Plan .included , a ''proposal, p 50" 000 in lieu of•`pu,rch� g` - ing the S;o ay the City" 2., asin or ..relo�.at remaining 21 coaches in the, park as,, required by Article 927 . The money is then to be used by the City to . develop,`a relocation' park on th_e Oceanview Mushroom Farm site. The..,desirability of this proposal was . agreed to .by both the Plbnning Commission and the park tenants. The proposal was to be finalized by a formal agreement with the City . The agreement which is transmitted -herein contains the following, pcimary provisiolis which have been negotiated by staff: h a lxcarYt Huntin on -Beach Co T e pp, ( gt mpai' y ) shall pay the city p 9 Oceanview. MushroomFarm property�n1 a relocation park on the 250., 000 for ur uses of d � -'he. City shall in�arm, he applicant no.,later thaii-`� Flebrua�ry ]. , 1986 of those` residents of Huntington Shor�%s :wn6f wish to mova' � t0 the relocation park. applicant shall make 'a11._ arran emelits t 'The pp tr g to , move`:*.h'e coaches to tY `relocation park . ., rya ON r, . • ;;-', \\�'," �' .F , • The applicant shall pay all relocation costs per coach . The City shall return the $250,000 to the applicant „if the City Council does not approve a change of use to vacant land on the Huntington Shores property. The City shall returir, $12 , 000 for each of the 21 mobile`nomes which do not chose to move to the relocation park . Staff is satisfied with the above provisions of the proposed agreement and recommends that the City Co�ancil enter into the agreement with the Huntington Beach Company . This transmittal also incUILes a resolution approving a change of use use on Huntington Shores Mobilehome Park to vacant land . Section •9270. 4 of the Ordinance Code establishes findings which must be made before a mobileho,me park can be 4:onv'er'ted ,to vacant land. ,. Primary among the ne'cessary 'findings are that an, impact of Conversion Report Y een,•submitted b;� the , applicant abd' approved b` the Pl•annin ' � and a RalocAtion"� Assistanee�. Plan-,have b g Comm:.ss ian at a public hearing: . The.,lmpa,ct of Conversion report. for Huntington Shores was approved by resolution on September 5 , 1984 and the Relocation Assistance plan was approved by resolution on April 1'C , 1985 . Tfje attached _ resolution ! makes . the Necessary findings . for !change of use to vacant 1'and . Staff recommends that the Cit Council ap prove pprove the ies oluti.on . ENVIR►JNMENTAL STATUS: Pu rauant to the environmental � regulations in effe' ct it rhos time, Negative Declaration No . 85-51 was posted for a 10--day review period. No comments either verbal or writte%', were received . FUNDING a.. U�: No Rinds i:recquired. ; ' ALTERNATIVE ACTIONS: ' t y onAl Council maY deny the agreement and/or resoluti . ., may modify them as desired . Such modification will likely;.require additional n` gotiations':. between the City and the Huntington Beacii Company and `may jeopardize the expected timing for aevelo�inent ol f the Mobi,,,ehome Relocation Park . ATTACBMRNTS: . . Agreement 2 Re$' luti`c:n' for Ctrange . Ue to Vacant Land 31. relocation A'ssiqtance Pliin �ird Approval ' Resolution of PlanningBeio ; 4 . article 927 ;? �; ►I JWP s PiS-.k la !� f s': ( IRS► -- .August 19 , 1985 {t' "2_ +) :, 3039d ) f , clR,l 1 ,.��f, •p 1 1 r1 RESOLUTION NO, 1338 ( A) A RESOLUTION OF THE PLANNING COMMI0`SION OF THE CITY OF HUNTINGTON BEACH, APPROVING AS ADEQUATE THE HUNTINGTON SHORES RELOCATION t.,. ASSISTANCE PLAN ( EXHIBIT A) i ,... . WHEREAS, Section 9270. 4 ; g) of the Huntington Be Or, iridree code requires tb.at.,,prior .to 'ea�ange' of.,,use of a mobh itehome Dark ,. hat a "relocatiorr assistance plan" be submitted by the { applicant and found tb be adequate by the Planning commis6ion at a 'Public hearing; •ard WHEREAS, a "relocati.on assistance .plan" (Exhibit �i has been prepared in accordance with the above, mentioned code sew - ibn ; and WHEREAS,' the "relocation assistance plan" which has- been pre`pared ;establishes' a' date of pa:k ' closure of • Apr i.l, 1 , 1906 sand" proposes 'the ',following forms 6f assistance:, _ o cost of di.4connectio and .breakdown: o'f ( 1 ) -Pay for. ,the • cq , . .-,. ,• a t the mok�ilehome, ; transpo7rtation .o ' the Mobilehome and a' read•1 y movable '.appurtenances and contents to ,. anothe4-!site wi`rh` n 300 miles , and . the cost of hoo{ ups at- the nee, site; and ` ( a') Pay. up .to ' 50 per-cent of the difference 'in one year 's housing casts up to $750; and �. Offer,' each owner a written firGt ri ht of refusal' a �untin ton Reac xo •ooed. to puxchaee a unit in the p„ .F, • „ development if th g h Company "-' commences deve`].opment df . 11 or' pant.: of the land : on , which the park,-:is, located within f months -'after closure of the park; or r. (2 ) Purchase f rcm the owns= the 'mob4lehome and all o Ptional equipment and/or; .tla" longs and expando room ,, at the owner 's .original purchase 'price de .at :4 : 7 ;par,cent per year from the,,da'ee df P ., o Y ,asuarpi e' of Notice of Intent. uedhlise ' of each item b the resent owner - to the' t o e Oc bar '1, � i983, date f i c nt to "change' use as atipulated' by Article 917 with ?_a minimum buyout of '$4,500, and pay for up to $500 for_ mavf n`g expenses ; and , # ( a ) Pay up to S:O ,,percent of the difference in on year' s housing costa up, to $750 ; and : 'k (b ) Offer each owner' awr itten ficat righk Hof ireCuQal to-•,pusctiaae a unit-"in ` ttio,,,,proposed' , deveiapment if the Huntington ©eactj' Company commer;cee develop�aent of e.tl'�,or -part of. the 1'aInd on which the Fink ,ia 1.6cate d within 6 !i months after closure of 'the park; or , 1 ( 3 ) Upon execution of an agreement among the Huntington Beach Company and the City or Huntington Beach , upon mutually agreeable terms , the Huntington Beach Company, as a preferred alternative to methods 1 and 2 above, shall , participate with the Ciity in developing a Relocation Park :iy the fol]:owin:i, . actions : ' (a ) Pay to the C+,ty the sum of $250 ,000t and (b) Pay the relocatiaa:.` costs up to $3,000 per household for those whc, chooze to move to the '1 Relocation Parka and Provide assistance-.. in accordance with methods. 1 or 2 ,zbove for Those who do n`ot choose to move .to the 'relocation parks and ( d ) Be,,�reimbursed by .the. City : for all costa ' incurred-by rendering asstwtance� to those ell ible coach own ers ' remaining in the park on - the date o�w . addption 'of ;tnis resoluti ors , when , .such assistance. is,,.provided by methods 1 or above, and when such' asaistani"e 'is provided , after the Huntington Beach 'Company has paid to the 'City the sum of $250, 0at0 . NOW$, THEREFORE, BE IT .RESOLVED; that the Planni`.ng f, Commission hereby; approve the ' Hunf"ington shores Reloc' tion".assi'stance. _ Plea .REGULARU ;PASSED AND ADQPT�;D by" the Planning Commission of ;� e ,c . th ity of Huntington Beach ,can the• 16th day of April 1�85 by the ,. •{�' following roll call votez AYES ; ,,. NOES : ., : ABSENT: . r If ABSTAIN: do-Awf [` i,��Fi ` III es W: P&I in'# , SecreEatyr Tom L vengood, Chairman � + , !'�, yA I ; ,r 1 1 •l April 8, 1985 MOBILE HOME PARK RELOCATION ASSISTANCE PLAN HUNYINGTON SHORES MOBILE HOME PARK ' HUNTINGTON BEACIi,` CALIFORNIA (REVISED) INTRODUC ON. Ir This report has been prepared to comply,with` Hunting' Beach Ordlnar`ice Section 9270.4(g) whlch requires that; prior ..to the conversion W a •moGile home, park to another use; the- spplicant ? gust submit a "relocation assistance plan" which. must be "found 'to be adequate by the Planing Commission at a publlc hearing". BACKGROUND On'October 1, 1983 a 'Aot=ce of intent te'chang �e the use'of of�the I un 6 tsngtcn Shore's Mobile•'Home' Park ("Park") and relocate �mobile ' hdme: owners,"w s t delivered ;to Park ,mobile home,owners. .:The •Huntington each Company .y ("H13Co"),' reco jSn1zing,thiat the dhange,of land use' would-have an impact; on r the i�tuntin-tnn Shores +Mobile the lives of the current ,residents, -met with a Home. Asgoclation ' on No'lember 99 1953. At ' that. ;time, a tenta'tIve relocation assistance plan was presented'fio the Park residents-tc� ether with *he` offer to" work with' residents to meet'-their-individual situations and needs , In order- to encourage '.early 't+rminatlon .o#.'Iaark:residency' and 'a �,• transitlnn''of change`df-,land usage (both.dearly ln'the Interest `of HBCo)._rn Lune-a, 1984 "ellilble ;owners" as defined .In the Ordinance' %vela`of!*red payment: of the orlg1nal, purchase' price ;for their roach provided then , vacattd, the Pack:.by September. 41 1984. At;.the request. of:'a:,few owners; HBCo' czterid d this date to .O�tober:,, ` 1984.` T,iventy-three 'resident hotii holds (int�lud ' those that had pre�Loitaly agreed''to.early:termination) r r; ., Y, 1 ,. have taken ad`'rantage of ,the early 'terrrinatlon offers"h�avin a total o 1 coupled space~i` 'ii1 `th1. e:'Park. Yhe; rtrrralnln j, ell6lble 'vwn rx "�a�+oarer�tly 'Intend rto remain In the Park unt;l.;the"closure`date.- ��ccordingly, HBC.o proposes; ing,relocatlon assistance plane the owners. o ses file follow f , , + WTIGATIO MEASURES I l,IV by The mea.�ures';'proposal the ' Copry ( HBCo ) om mitigate':'Aaverse Impaets''an: the rarnalning dis'placed� ownE!r.' tenant:' err: 3 � listed'below. Che �ntieasuree are''t>ased on the' relocation yssls±ar+ce 'pier: standards`"' .outilned ih Ordinance`Section 9270.3. '�, , r. 1. R%LOCATIOiq 1.1 The CIty In cooperation with the Huntington Beach '. Redevelopment Agency, ("Agency") has proposed establishing a Relocation Park In the vicinity o;• Goldenwest Street and Talbert Avenue,_Huntington Beach, California, In which" space : will be provided for the residents of the Park. In,-'order to, assist the City and/or the Agency in acquiring and/or deve►cping such a Relocation Park, HBCo agrees to do the,following: ; 1.I I Upon execution of an agreement amon',HBCo, the City , and the Agency, upon. mutually .agreeable zerrns, HBCo 'shall .,pay to the City and/or the 'Agcncy the sum of $250,000.000 r 1.12 The City and/or the Agency shall provide for substitute housih acid/or housing sites In a Relocation Park for Pae k residents on or before April 1,,19g6. 1.1 For each Perk household ~'ch relocates to a Relocation Park :,pur9uant to 'SectIdn 1.12, ; HBCo shall pay the relocatlon costs ,set out in Section 1.3 below . to a maximum of $3,b00.00 der household. ' 1'. 14 For •all -residents' vMo'do' not. notif y.+IBCo on,or before Febrt!ary, I, 19Se that`.they Intend to relccate ' at the f Relocstl in :'ark, HBCo shall pc-ovid' assistance in ac. ordance with Sectlon '_.2 through 2.2 below. 1 , 1.!S HBCo shall -dot be r required to.provide any assi;;tance to i residents* who do not vacate the Park,on or before ,April 1, 19861, ! I.W . If . H8Co;, provides assistance to 'any Park r�esidenfi: or residents pursuant 6 Sections 1.3 ttiru 2.1g, the City i shall reimburse HBCo for all costs incurred by It•',in ! " renderin `asslstance ursuai t to this 'lan. ' g' p P `l. r ( has researched ' the• `availability ,af' mobile ' home. parks 1.2 has r i• (other than"'the' 'proposed;Relocation Park);within,SO miles of. the ► `malty.-''Based,on this''research, HBCo be.leves that there are: not 4 extstlnS s�ftf icle�"rt sites available 'for all; or:;even mist `'of the Qwners-in the Park. 1.3 However, If;.any Owner can locate a site within 0 .miles, HBCo r:•,' will pay for the .followingi 1 i . I: 1 Cost ,:of disconnection arnf . b:eak'down of the, mobile T . 1932 Cost of 'transportation' of. the mobile hoM* ,to the.new • 4 : i �1 1.33 Cost of transportation of readily movable appurtenances to, and contents o:, the mobile home to the new site. Whethev an appurtenance is "readily movable" will be determined by the business hired to do the moving. 1.34 Cost ot:'hook-ups at the rlew site. 1,'? If an Owner wishes to relocate at a site further than 50 miles from the City, HBCo will pay the costs set out in 1.31-1.34 = above, and although not required to do so by law, will Pay the transportation costs for the mobile home, readily movable j appurtenances and contents for an additional 250 miles, or i5 total of 300 miles from the City. 1.5 Any Owner desiring relocation of his mobile home purl►,ant to Sections 1 .3 and 1.4 gust advise HBCo In writing on or before February 1, 19M The notice ntust contain: 1.51 A description of the :mobile home and readily movable appurtenances. 1.52 The address and telephone number of the new site. 1.53 A statement that the site will be available for installation of, the Owner's mobile hone for a pe-riud of ten days before. the closure of the Park. 1.51; Any facts known to the 'rner tending to make L- more difficult than ordinary to breakdown, disconnect or transport the mobile home and appurtenances. 1,55 HBCo MI. determine the cost of relccation, arrange 10; an appropriate licensed business or businesses to breakdown, disconnect, transport and hookup the mobile home, appurtenances, and contents, and will pay the coats therefor directly to the business performing such services. 1.56 HBCo will reimburse any Owner relocated pursuant to Section 1.2 and 1.3 an arniount equal to 50% of the difference between 'one year's verified housing co-is at the new location and one year's housing costs Ili- the ?a►�k, up to a maximum of $750.00. (Note: it Is unclear whether the ordinance requires this paymec:t In the rase of relocation; in any case HBCo has decided to make this payment.) i 1.37 A!thou,gh HBCa has the right -tu r-e-guir-e an Owner to relocate R. H!5Co locates a suitable alterr1Au �� tPy I: has been decided not to req:ilre an Owner -;a sd,,ocata, but will afford hire to choose the alternative In Section t 2. i 3 i i 1 2. ALTERNATIVE TO RELOCATION For any Owner who dots not wish to, or can not, relocate ill accordance with Section 1, HBCo will render the assistance set out In ! 2.1 below: 2.1 Purchase. HBCo will purchase from she Owner the mobile home, all optional equipment and/or tc-g-a-longs and expando rooms. i 1 2.11 The price HBCo will pay ' for the above listed items will be based on the original pt..rchase price for each item depreclated at the rate of-4.70M per year from the date of original purr'';ase of each item to the date of Issuance of intent to •• `,ange use and relocate mobile hcmeowner s (October 1, 1933). 2.12 The original purchase price for.,each mobile home, date 1 of original purchase, and amount of compensation 1-113Co i will; pay for the mobile home will be determined from sure'ey informaticn provided by the' tenant. Individual ' letters will be sent directly to the tenants setting out thy, compensation HBCu will pa; This letter will bi� sent i shortly after the Planning Commissions approval of the relocation assistance plan. 2.13 if i y Owner�disagr yes with any Information in the letter fie shall n04;fy HBCo in writing of his disagreement within 30 days of the date of the: letter,'are:: shaL at the sa..rne tit'ne submit all documentation he relies 'on :o support ills contentions 2.14 Failure to comply with Section 2.13 will mean that the purchase price for m,),bile homes In the Letter will be conclusive. 2.15 Also, within 30 days of the mail date of the letter each mobile horneowner shall advise HBCo in writing of all optional equipment and/or tag-a-,longs and expando rooms to be purchased by HBCo, along with the original purchase price and date of original pu►chase of each Item, along with documentaticn thereof. I 1 2.16 HBCo will pay at least $4500.00 for each mobile home. 2.17 HBCo will reimburse each Owner for his actual verified costs, of moving to new housing in an amount up to 2 19 HBCo will reirburse each owner an amount equal to 30%. of the difference between one ,year's verified 'lousing costs apt the new location and one year's housing costs -In the Park, up to a maadmum of,$730.00. E Ems" Ad i 2.19 HBCa will in good faith endeavor to agree with the tF owner on the price to be paid for the items to be purchased. S)-oCo will notify each owner at least 30 days after receiving his written disagreement set out In 5cctior, 2.13 and 2.13 above of the price *o be paid for each Item. if an owner does it agree with the price to be paid he 'may appeal In accordance with Ordinance i 9270.5(e) and (f), and proceed to arbitration. 2,2 Arbitration 2.21 Arbitrators will be selected by lot from a list of five names prepared by the American Arbitration Association. 2.22 Arbitratl,on fees will he shared equally by HBCo and i owner. 2#23 if for any reason the arbitration process is delayed beyond the Park closure date of April 1. 1936 the owner and all other persons occupying the coach which is subject to arbitration will vacate the Park on such closure date. 3. OTHER ` 3.1 !f HBCo commences development of all or part of the !and 011 which the Park is located for residential uses within 6 months af-. er the closure date of the Park, HBCo will offer each Owner a written first right of refusal to purchase a unit in the development. 3.2 Each Owner has the right to immediately terminate his lease upon approval of the relocation assistance plan. i • vw� 1 r4--3 9 ) j, CITY OF Hl1NTINGTON BEACH REQUEST FOR LEM SERVICES canny City Attorney �i Fink City AdminIstr+ttor Gioldanrud departmental hUN(ING10N UACH Ds 85-80 Date Request Merle Fly �_._... Department August 8, 1965 James W. Pali.n, Director Development Services INCITRUCTIONS: File request in the City Atturney't Office as soo,',as possible. Print or typo facts necessary fo; City Attorney. Out line briefly rp4s,)ns for the request. Attach all Information and exhibits pertinent to the a lect. Typo of legal Service Requinted: [ i Ordinance ( ] insurance i ) Other -.. ---- fc Resolution O !;onds , [ ] Contract/Agreement ( 1 Opinion All exhibits must be attached, or this request will bo returned to you. Exhibits Attached Olease review for form and content and transfer to proper paper 1--he attached City Council Resolution approving a change of use to vacant land on Huntington Shores Mobilehome park . The resolution and exhibit are on Wang document nr'•mber 0250 . JWP :HS : ir Attachments : 1 . Resolution 'x . Exhibit A 121 j C;_73 i Fr M.Camliel Aaden, not for Council when,da ked aompMtion dM ute: Asti demdlln r �A Authofued to Publish Adverosemania of all kinds Includlnpp pub'saG notice$ by DKreh of the Superior Court of �renpe Counry, California, Number A-6214, dated 29 Septrmb6r, 1961, and A•7'W"I. dated 11 June, 1953. 1 i. t STATE OF CALIFORNIA County of Orange P„aK N011CA Aar-Cr," covwW py tiro aM►Jant 'a tat onr pint II wHh 10 pica r.TOAM w,41h 1. I am a Cltlxon of tho Unitod States and a resident of the County aforesaid; I am ovor the ago of eighteen years, and not a party to or Interested in the Wow entitled matter. I am a.'rrincipal clerk of the Orange Coast DAILY PILOT, YAM which is combined the NEWS-PRESS, as newspaper of gene,ai circulation, printed and published In the City of Costa Mesn. County of Orango, State of California, and that a Notice of Public Hegrjact of which copy attached hereto is a true and complete copy, was printed and published in the Cost& Mesa, it,, " cWE b6 w Newport Beach; Huntfngton Beach, Fountain Valley, wsla WIR IltNtbh;• 1rt'N Irvine, the South Coast communities)and IZCA Wit WAW oF. Beach Issues of said newspaper for M ws+���P,MIl.,ar fLW2"ftka0lllA to wit the iSSUO(s) of bm d'am" f f� -tun 01 tlad to 1Yrlaewt L� ed ial►d Wbw N u rt t e n t��';,. 9 l r r �gust -0, 196�, the,,. r H+mkp►en aria oo Mt; .irr ap. 198 co+t•wlf.sal eboevrtel � �..._..._.�.. , 19 8 eh�tjl Fes' • $er etetmoe to a � 198 r+undo-to Of aetorre Mefyalleflwtte"WOMWwft, ThNepublic.EWCO f a me huMfnrl�en I declare, under penalty of perjury, that the All foregoing is true and correct. lniMfhifr Opt'a0my, a i August 8 5 �1 ' M Executed on , 198 ..� f fs000 ) MWMI at Coat& M , California. 4. :J ivy it Oaf, MW Signature i ' r' Publish -- August 8, 1985 NOTICE OF PUIzt IC HEAMG IIUNTIhGTON SHORES MOBUMOMI; PARR NOTICE IS HEREBY GIVEN that: a public heoving will be held by the City Council ►,' f the City of Huntington Beach, in the Councli.l. Chamber of the. Civic Center, Huntington Beach, at the hPur of 7:30 P.M. , or as soon thereafter are' possible on Monday the 19th day of .august, 1985, for the purpose of considering a Declaration of Change of Use to Vacant Land on the Huntington Shores Mobilehome park located at tb.e northwest corner of fIuutingtou Street and Pacific Coast Highway. The applicant is the Huntington Beach Company. The City, Council will also consider an Agreement between the City of Huntingtou Beach and the Huntington Beach Company ragardinss; 'closure of Huntington Shores Mobilehome Park, contribution of funds to the City for development of a Mobilehoae Relocation Park, and relocation assistance to be rendered. tt, the residents of Huntington ghor&-s Mobilehome Park. The public hearing Is pursuant to Section 9270.4 of the Huntington Beach OrCivance Code . Al1 interested persons are invited to attend baid hearing and axpress their opinions for or against said Aecla•rction and Agreement. F'urrhar information may be obtained from the Office of the City Clark, 2000 Paln Street, Huntington Beach, California 92648 — (714) 536-5227. Dated; August 5, 1985 CITY OF $TIiJTINGTON BEACH by: ,Alicia M. Wantworth , City Clerk doff,I ' Z4r� • r , We Pub I is h �� �✓ NCi;(:E OF PUBLIC FIEARING ,' ��'rILC•1.•fir, �71f-•' ,i�l. J't l:r.r.I .��/ r:� � /L�J' � ���� r ..�.J r NOTICE IS HEREBY GIVEN that a public hearing will be field by the City Council of the City of Huntington Beach , in the Council Chamber of the Civic. Centar,,.;: Huntington Beach, at the hour of P.M. , or as soon thereafter as possible on �Monday the l9th day of August 1985 . for the purpose of considering a 'Ueclara Lion of Change of use to *vacant Land on the Hunts' ngtoh ch".'res Mobilehome Park .Locatea on the northwest corner of HUntington Sf-reet' and Pacific Coast iiignway. The applicant is the Huntington Beach� Companv . The City Council will also consider an agreement between the City of iiuntington Beach and the Hun'Cington Beach Company regarding closure of Huntington Shores Mobilehome Park, contribution of funds to,, the City for development of a Mlovi lehome Relocation Parx, and relocation assistance to be rendered to the residents of Huntington Shores Mobilehome Park . The public hearing Ls pursuant to Sectior, -9�70 . 4 0; the Huntington Beach ordinance Code . All interested persons are invited. to attend said hearing and express their opinions for or a§ai7st said_ Dpa3 aretj ou and &grMCMent- , Further information maybe obtained from the Office of the City Clerk , 2000 Main Street, Huntington •Reach , California . 92648 - (714) 536-5227 DATED CITY OF HUNTINGTON�'BEACH By: Alicia M. Wentworth City Clerk , tw { Mr ./Mrs. 4 . C. vary Bavel Me. J*unne Ann a Robt . C. Mrs . Ruth Purkie 21003 Pacific Coast HiWI. Kortan - .Space 4 21002 Pacific Coast Hiwy. Space 1 21002 Pacific Coast Hiw Space 5 auntLngton loch. v Ck 92444 ■untington Scii. , CA 92618 luntingtors Bch. , CA 92648 Mr ,/Mrs. Fredrick Young , Rr . Helen Morten Salth b Ms . Geraldine G. Swanson 21002, fPacific Coast flin. Mr . Robt. M:ortou •- Spacel.64 2?•002 Pacific Coast Kiwy . Spetce 8 21002 Raeific Coast Him . Space 11• �luntington lick. , CA 924 1 Rueyl�•teegtrn K�b. , CA 92l661 fluntirogtoa Bch. . CA 92648 Mr./Ars . L. 9c, Hayes airs. Delores a. suatcaft Aesi6ent MOZ P a.:if is Coast Ulwy. 523 W. P airviet 342002 Pacific Coast ffivy. spool 13 Sierra Madre, U' 91024 sjmoe 18 Huntington Bch. , CA 92648 "14 tL"tcu Dab. j, CA a2640 »r . /Mrsr S. C. Stone Me . Anthony Gubhlotti are. J1ls►A 8artm .21002 Pacific ^east kiwy. 10362 Angela 21002 Pacific Coast b3,wy. apace 21 Cypreasr CA P0630 spade 37 . . Euntingtcn Bch. „ CA 92640 OUhtiTgt0A bch. , CA 92648 Hr. Robt. R. Wabbel ; Ar./airs. S. Brake 21002 ,Pacific Coast Hivy. , p. d. Bor 603 space 43 Huntington bch. . Ch S2648 Bunt iogton boh. , CA 92644 ; "pec a 42 , Mr . /ors. Harry rleta fir ./KEN. Joseph Nocella Be;./lixe. M.Canaletti 21002 Pacific., Coast BiVy. 21002 Pacific Coast tiitry. 10234 Angoll Street Spoce 44 Spacer 48 Downeye CA 93550 duet ington Bch. , CA 92646 Auntisgtou Bch. , CA 01648 hesiden;= Ms ./Mro: D. Banc9el Mrs. Betty Caruassc 21002 Nk" Ifi,c Coast bury, 21002 PLCif iC Comet Ri,VY, W via tUrs►aa Spec* 52 space 53 Koataerey, CA 93940 auntin9ton Scb. , to 92641 suatingtora Br G d C► 92644 poll io thew or V. xeBr f de x!/iaien�i. Ms. magma 162 Oakdale 21002 Pacific Coast Hivy. 21002 pacific Coast Ritoy, Camga ]Park, GA 91306 Space 17 Opace a Suatingten Bvb. , CA 92648 euatingtaa Bch. r CA 92644 . . _ t ndialpb A. Rideftt esids►at e;.' CMrrent ResLftn , 43 lth 21002 .PracLfic Coast Rierr. 13901 Facifit Ca"t RLwye Los a, ca spec , 15 as 16 �u�atia4ton , , CA 02616 • Rarrtinqua Debt,* CA 92648 I3i *0 DO MaJe 0 sl � ' .ram i . • • ;, -•. 1 r RESOLUTION NO. 5553 A RES01,U;^ION OF THE CITY COUNCIL OF THE CITY OF HUNI'INGTON BEACH APPROVING A CHANGE OF USE TO VACA14T LAND ON HUNTINGTON SHORES NiOBILEHOME FARE Whereas , the owner of real property known as Huntington Shores Mobilehome Piirk and legally described in Exhibit A. has requested a change of Use on the property from mobilehome park to vacant land, such change of use being defined in Section. 9270 . 1 ( c ) of the Huntington BN��ch Ordinance Code ; and Whereas , the City Council of the City of Huntington Beach desires to ensure that a reasonable and proper transition of use from mobilehome, park to vacant land occurs on Huntington Shores Mobilehome Park property ; and Whereas , Section 01270 . 4 of the Bunti.ngton Beach Ordinance Codk- establishes findings .for approval of a change of use on a mobileho-me park ; and The City Council , after giving notice, held at least one public hearing to consider a change of use to vacant land on Huntington Shores Mobilehome Park ; and At said hearing before the City Council all persons desiring to be heard on the change of use were hes►'d, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Huntington Beach that pursuant to Article 927 of the Huntington. Beach Ordinance Code , a change of use to vacant land on Huntington Shores Mobilehome Park is approved with the following findings: j. (a ) That , as required by California Government Code section 66427 . 4 , the Planning Commission leas determined that the property owner has taken sufficient steps to mitigate any significant adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park . (b ) That the proposed change of 1.ae is consistent with the General Plan of the City of Huntington Heath and all elements thereof . ( c) That the propoA ed change of land use will not have an adverse effect upon the goals and policies for. provision of adequate housing for all economic: segments of the community, as set forth in the Housing Element of the-- Huntington Beach General Plan . �. i (d ) That the property which is the subject of the change" of -use would be. more appropriately developed in accordance with,•, utesi: permitted by the underlying zoning, or proposed` zoning. 1 i ( a ) That �t notice of intent to change the use of a m0bilehome parr. and relocate mobilehome owners was delivered to such cwnr.rs and to the Departrrent of Development Services at least eighteen (18 ) 'months prior to the date the mobilehome owners were required to vacant the premises . ( f ) That an " itrpact of conversion report " hav been submitted by the applicant and found to be adequate by the Planning Commission at a public hearing. (g ) That a relocation assistance plan has been submitted by the applicant and found to be adequate by the Planning Commission at a public hearing, PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of August , 1985 . ATTEST: ayor REVIEWED AP17) APPROVED- APPROVED AS TO FORM: 7/ City Anminx rato ,.�ity Attorney INITIATED AND APPROVED: r c or of nevelopmont Servicas ( 3030d ) ;5 d' f EXHIBIT A 'I Change of use to vacant land on 6 . 2 acres known as Huntington Shores Mobilehome Park Located on the north side of Pacific Coast Highway between Huntington and Lake Streets and described as follows : That portion of fractional Section 14 , Township 6 South , Ranae 11 West in the Rancho Las Bolsas , City of Huntington Beach , county of Orange, State of California, as shown on a map recorded in Book 51 , page 14 of Miscellaneous Maps in the office of the County Recorder of said county, described as follows: Beginiiing at the intersection of the centerline of Lake Street ( formerly First- Street ) being parallel with and 37 . 50 feet southeasterly measured 147 feet right angles from the northwesterly line of Block 101 with the north right-of-way line of Pacifi .. Coast Highway ( formerly Ocean Avenue ) , also being the southeasterly extension of the southwesterly line of Flock No. 101 , all.. as shown on a map 'of Huntington Beach , recorded in Book 3, page 36 of Miscellaneous Maps in the office of the County Recorder c£ sai'd county; thence south 410381181 west 53 . 00 feet along the centerline of Lake Street to the construction centerline of Pacific Coast Highway; thence along said construction centerline the following , south 480211420 east 98 . 26 feet to a curve concave to ' the northeast having a radius of 1200 `feet ; thence southeasterly along said curve through a central angle of 4a55128 ' an arc distance of 103 . 14 feet ; thence south 53017111 ' east 108 . 26 feet: to a curve concave to the northeast having a radius of 3328 . 60 feet ; thence southeasterly along said curve through a central angle of 1020117 " an arc distance of 77.. 72 fret ; thence south 54037129' east 400 . ^O feet ; thence leaving said construction centerline norr.h 350221320 east 52. 00 feet to the true point of beginning thence south 54037 ' 28" east 427 . 26 feet; thence south 59015130 " east ';2£3 . 04 feet to the southwesterly extension of the ws sterll.r line of Huntington Street ; thence 37054 / 511 east. 29U. 61 feet along said extension and said westerly line; thence north 540051tl9 " west 520. 00 feet ; thence sough 5054151 " west 120 feet ; thence south 570321320 west 55,. 85 feet ; thence north 57005 ' 09' 'west 70. 00 feet ; thence north 120051,'39" west 120 . 00 feet; thence nort., 35054151" east: 130.00 feet ; thence north 540051•09" west 170 . 00 feet ; thence sor!,ch 35ID541510 west: 80. 00 feet ; thence north 890051094 west 70 . 00 feet; thence south 00054151 % west 170, 00 feet : thence south 890051091 east 83. 83 feet; thence 'South 3502213210 west 157 . 67 feet to the'.-true point of beginning. I , . • , Cook" t ' • Res . No. 5553 STATE OF t;ALIFORNIA ) C ILMTY OF ORAME ) s o: 017Y OF ZIP:NTINCTAN BEACH ) 1 , ALICIA M. WEMORTti, the duly elected, qual:iied City Clerk of the City of Huntington Beech, and ex-offixic Clerk of the City Council of saie 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 resolvtioa was panned and adopted by the affirmative vote of more than a majority of all. the mmbers of said City Council at a regular meeting thereof held on the 19th day of August , 15 85 by the following vote: AYES: Counc:i l.men: Kelly,- IlacAllister; Mandic, Bailey, Finley, Green NOES: Councilmen: None ABSENT: Councilmen: None NOT VOTING: Thomas eel City Clerk and ex-officio Clerk of the City Council of the City of Huutingto:• Beach, California The foregoing Instrument is a correct WPY of the original on file in this office., , cNik "of do my Cj� lery, an CWMI1 of im Invow- q of i 4 Huntington Bead Compony 2110 Main Strut, Huntington Beoch, CR'Ifurnia 02e48.2499 (714) 9604351 R, J. Work Vice President -- General Manager March 8, 1985 HUNTINGTON SHORES MOBILE HOME PARK Mr. C, '". .Thompson Administrator City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92(,48 Dear Mr. Thompson: This letter will confirm the understanding reached between us concerning closure of the Huntington Shores Mobile Home Park (the "Park"), 1. Huntington Beach Company VIMBCo")' will pay to the City of Huntington Beach ("City") or the Huntington Leach Redevelopment Agency ("Agency") the sum of Two Hundred Fifty Thousand Dollars ($250,000.00). 2. The City and/or the Agency shall provide substitute housing an /or 'housing situ for the twenty-one (21) mobile home households now located at the Park and shall ensure :hat all te:lants of the Park vacate the Park on or before ,April 1, 1986 (the present closure date, October 1, 1985, 'gbgether with the single six-tnonth extension allowed by City ordinance). 3. , HBCo shall asslst in relocating the mobilehomes now In the Part by haying those costs set -forth hi City ordinance 9270.5(a) to a maximum` of 3060.00 per household, 4. The payments by HBCo recited above in sections 2 and 3 shall be in full satisfaction of oll requirements and obligations which mzy be' imposed on HBC.:o by City ordinance 9270 et seq, the Mello Bill (California Government e section 6559 a se ) and by lifo eels R�:Cwelc menu law. r$d 5. Said payment of $250,000 shall be returned to HMCo on April 1, 1986 if all of the following have not occurred: (a) City and/or Agency have not met their respon�lbillties under wCon 2 above. (b) Clty's Planning Commission has not validly approved HBCdS Teiwnt Relorratlon Assistance Plan as required by City's :,ordinance ti�eCtlon.9r i 0.��. '' .r I 4 1 f) 7 i - i (c) City's City Council has not validly approved HBCa's request for a change of use of the Park as required by City's ordinance j section 9270.4. I b. It Is understood that the respective rigEts and obligations of IIBCo, ' ' City and Agency will be Incorporated In a formal agreement wit;i prcvislons ; agreeable to all parties. C onsegtsently, this letter does not impose any legal � s + obligation on HBCo, City or Agency. If the foregoing is in accordance with your understanding, please dats and j sign the enclosed copy of this letter where Indicated and return to me. Very,,truly jyo s, r RJ'%'/e + ABOVYp AGREES HIS I , _OF 1 ., _ ��,,,,, 198�. , C. �'. T PSO (� ; r a i :, ag �