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HomeMy WebLinkAboutAdministrative Hearing - Eminent Domain - Yorktown Widening Fes- azll C. Council/Agency Meeting Held: a2 Deferred/Continued to; o,,.- yyj 19"Ap roved Conditionally A prove ❑ Denied �'�`�"� City Clerk's gnature Council Meeting Date: February 17, 1998 Department ID Number: �AS 98-001 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION m SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS_ n M V 17.a SUBMITTED BY: RAY SILVER, City Administrator v_ r•. PREPARED BY: ROBERT J. FRANZ, Deputy City Adminis SUBJECT: APPROVE ACQUISITION OF PROPERTY FOR YORK OWNS STREET WIDENING PROJECT, CC-1017 = Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City has been acquiring right-of-way along Yorktown Avenue between Delaware Street and Beach •Boulevard'in anticipation of the subject project. The acquisition of a residential parcel on Delaware Street is. necessary to improve the street and pedestrian access and increase the likelihood of future grant funding for the project. This is the last parcel needing to be acquired for this project. A Resolution for Interest and Necessity, approved by the City Council, is needed for the City's acquisition of this parcel by condemnation. Funding Source: 97/98 Measure "M" Fund Recommended Action: After following the statutory procedure provided by the • City Attorney, approve the Resolution of Interest and necessity and authorize the Mayor and City Clerk to execute the same. Alternative Action(s): Do not adopt Resolution of Interest and Necessity at this time. Analysis: Design is complete for a project which is comprised of a series of spot widening along Yorktown Avenue between Delaware Street and Beach Boulevard. The Florida/Utica Task Force has identified this as an important project. The project is necessary, primarily in order to establish safe street right-of-way and sidewalk areas for pedestrians.so they are not forced to walk in the bicycle lane on the street pavement. This is the last parcel needing to be acquired in the second phase of the project adjacent to the Delaware/Yorktown intersection. The City was unsuccessful in applying for outside funding for the project during the last round of Measure M applications. Therefore, 'requiring that this $2.4 million project be phased over several years. *QUEST FOR COUNCIL ACTIRN MEETING DATE: February 17, 1998 DEPARTMENT ID NUMBER: AS 98-001 The Real Estate Services Division has been actively negotiating for some months with the owner(s) of this parcel. The owner(s) have been provided with the City's last and final offer, but have::not agreed with the City's terms. The next step in the acquisition process is the request for.Resolution of Interest and necessity. Staff has presented an offer for purchase of this parcel needed for right-of-way in the amount of $275,000 plus closing costs and relocation benefits in the amount of approximately $15,000. Asbestos mitigation and demolition costs should not exceed $25,000. Environmental Status: Not applicable Attachment(s): City Clerk's . - NumberDescription 1. Description of property needed for R/W 2. Map of area 3. Hearing Notice 4. Resolution RCA Author: 0029980.01 -2- 01/28/98 3:34 PM ATTACHMENT # 1 EXHIBIT A THE LAND REFERRED TO IN THIS GUARANTEE- IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF .ORANGE, CITY _OF HUNTINGTON BEACH, AND IS DESCRIBED AS FOLLOWS: THE SOUTH 50 FEET OF THE WEST ONE-HALF OF LOT TWENTY-FIVE HUNDRED FIVE (2505) OF "EAST SIDE VILLA TRACT" , AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM AN UNDIVIDED 47/112THS INTEREST .IN ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN OR UNDER THE LAND, - BUT WITHOUT THE RIGHT TO USE THE SURFACE OF THE LAND IN CONNECTION WITH THE DEVELOPMENT THEREOF, AS RESERVED.- BY JESSICA B. COFFIN IN THE DEED RECORDED OCTOBER 23, 1953 IN BOOK 2600, PAGE 254 OF OFFICIAL RECORDS. ATTACHMENT #2 O Q� s m r �P BOLSA AVE. �610 F W 0 N I to to m Mc FADDEN �VE. zEDINGER N y AVE. W p p oHEll v c B CI <IAVE. o r�- z < r � � c�I a Lnn o. o 0 Ln < I WARN ER N I Lio JAVE.1N.T.S. SLATER I I IAW. I v 405 TALBERT I AVc. I Y�, I PACIFIC ELLIS AVE. - GARFI'cLD AVE. C L Ln C ' AVE,f 3 O (= I. ADAMS Arc. }-- C INDI NAP ILIS I I AVE. Y • F o z o c YORK TOWN A VENUE ATLANTA < Z T AVc. m T V (n <I DEL A VIA RE TO ENGLAND NORTH SIDE < z mu HAMILTON AVE. CC- 1017 OCEAN I BANNING AVE. PROJECT LOCATION MAP -CITY OF HUNTINGTON BEACH - aye ' �l �,r •^k1v,�ps r �, .• PAGE 1OF2 `- j ! '1 •.. ,•:i hawtl�..r •1•'KMol•'•'; qi •-+.ti I '! i 1•-n' 1�-�F � Ali i'�1:►•! -s• ,:t� �. '� ; '6 ���' I ¢ •• �' � .'.!: � .•i.: Ins/00' j,. OWEN AVE. I WILLIAMS.--1-- AVE �� � STREET 3 :;•,� f • 61 rer as ••• ' r tear aa' c• 4i' N' ,1' sf' 7aia' aa�a' •a' ' co •, PAN 3 TRACT TRACT • '" `�a O3 60 S 70 14PAR.I 10 zj q O. IT ' 18 19 20 55 56 57 • 9 2 ';-� � 3 O ra•.ao• Q ,I•i ua.,•• Q P,r!s2•?2 }� S rC 7 asps B �r.aa - PAR/ ' !CC PIG[.? O. "~ 13 4 3 1 / O t 4 O a i 62 61 i 60 59 h FOR.cor voa o L; 12 y O . � . 26 '25 24 _ :i.• � NO. 9286• w 'r CC ti O O ^ O �• _ +•11 •, � Kl 11 .„ '1rc0i6 +.r •Rae ,sari •ads »as uIi aa.i 4 f• 5 ,u NO. I/5/9 s 6 No " � , � N tease eras .. ENGLAND STREET -I EAST S/OE V/L LA �"r. O � O - ' 31 _ O , + O =O• 'O. 'O• +3T. O• •39 � ''. - tts Ac. $ Sk y �� N O • O 51 , P.M. is ~•I �• i s r •c 'f' _ 49 ",� ry i ID R PAR/ - ...'.1 k .i 12 -PF •O. 47 • O• 45 O 'O ®• O, O :-::. 60 :o TRACT to M1j;; y ' DELAWARE S tf fl-i4:, STREET: 06 MARCH 1948 EAST S/DE VILLA TRACT M.M. 4-65 `'i i r L� al .•i TRACT NO. 3950 N.M. I37--50 `' '' NOTE ASSESSOR'S BLOCK 6 ", •'lv ASSESSOR'S MAP {•, ':;:' .r rF- e }Alt i !i' ' i l• TRACT NO. 9286 M(M. 393•/920 PARCEL NUMBERS!Cip- �,j •-jS:•:• •� ., BOOK25 PAGE II TRACT NO. /1519 M.M. 117-30.3I i t SHOWN IN GRCLES:•-, ., • COUNTY OF ORANGE , PARCEL MAP P.M 8?-?Z,53-/8 Y� �`. . a j +(_ •s. 1 1 t :� r W Amer can i-titleedm '� Not Part 111 i t;l•: 1111:r �,r�rjl:lrir� ATTACHMENT #3 Jl awtusro� COPY OFFICE OF ,�- CITY ATTORNEY P.O. Box 190 Gall2000 Main Street Telephone 15ty Attorney Hutton Huntington Beach, California 92648 (714) 536-5555 City Fax (714) 374-1590 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION OF CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR PARCEL NO. 025-111-40, TO: THERESA B. WRIGHT DIANE A. BENGE LENNING CLYDE L. BENGE, JR. CAROL BENGE SANSTAD LINDA BENGE SPRIGGS 2502 Delaware Street Huntington Beach, CA 92648 This notice is sent to you by snail under requirements of California Code of Civil Procedure Section 1245.235. This notice concerns certain real property identified as Assessor's Parcel No. 025-111-40 in the City of Huntington Beach. The City of Huntington Beach("City") has been investigating the acquisition of this property for accommodation of a roadway widening project("Project"). You were previously contacted by an appraiser retained by the City and given an opportunity to accompany the appraiser on an inspection of the property. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed public project if the following conditions are established: A. The public interest and necessity require the project; B. The project is planned or located in the manner that will be most compatible with the greatest public good and the lease private injury; C. The property sought to be acquired is necessary for the project; D. The offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record. This notice is sent to inform you that the City of Huntington Beach will be asked to decide if the above conditions are met concerning the City's acquisition of the above-referenced property as described above. This meeting will be held at or about 7:00 p.m. on February 17, 1998 in the City.Council Chambers located at 2000 Main Street,Huntington Beach, California 92648. If these conditions are met,the City will be asked to adopt a resolution of necessity, which is a prerequisite for the City's initiation of eminent domain proceedings to acquire the property. 1 g*97lettembengenot RLS 98-0010 For your information and convenience, a description of the property is attached to this notice. If you would like further information regarding the Project,please contact Mr. Paul Larkin at(714) 536-5445. Please be advised that you are entitled to appear and be heard on any of the matters encompassed within the resolution, specifically those matters listed above, and whether the City has the legal right and has followed the procedures required to acquire the property by eminent domain. If you desire to appear and be heard,please file a written request to appear with Connie Brockway, City Clerk, at City Hall for the City of Huntington Beach, at the above address. Please note that your failure to file a timely written request to appear and be heard will result in a waiver of that right. Please also take notice that if you wish to legally challenge any action taken by the adoption of the resolution of necessity, any of the.findings or matters included within it, or any of the actions taken pursuant to it, you may be limited in court to raising only those issues raised at the resolution of necessity hearing, or in written correspondence delivered to the Agency at, or prior to,the hearing on the matter. The City must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6)months after the adoption of a resolution of necessity,the City may commence eminent domain proceedings in the Orange County Superior Court. In any such proceeding,the court will be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property, and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. Paul Larkin at(714) 536-5445. Thank you for your cooperation in this matter. Very truly yours, CITY OF HUNTINGTON BEACH By: Paul D'Alessandro Deputy City Attorney - 2 g*971ettembengenot RLS 98-0010 ATTACHMENT #4 } RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF CERTAIN REAL PROPERTY LOCATED ON DELAWARE STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NO. 025-111-40, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENTS WHEREAS, the City of Huntington Beach is authorized under the provisions of its Charter and under the provisions of Sections 373505 and 40404 of the California Government Code to acquire property by eminent domain for public purposes, and specifically for street improvements; and The City of Huntington Beach has been investigating the acquisition of various interests in real property, including the acquisition of certain real property on Delaware Street, identified as Assessor Parcel No. 025-111-40; and The "Project" for the purposes of this acquisition consists of the widening and improving of Yorktown Avenue; and On February 17, 1998, after no less than 15 days written notice to the record owners of the property referenced above and more specifically described in the legal description and sketch attached hereto as Exhibits "A" and "B"respectively,which legal description and sketch are incorporated herein by reference, the City Council of Huntington Beach held a hearing for the purpose of allowing the record owners of the property a reasonable opportunity to appear and be heard on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the property proposed to be acquired is necessary for the project; and (d) Whether the offer required by Government Code Section 7267.2 had been given; and The City Council, as a result of such hearing,has determined that the public health, safety, and welfare require that the City acquire the Property more particularly described herein ("Property"), for the purposes of widening and improving Yorktown Avenue; and 1 g*98reso1:bengpr0p rls 98-0010 1 The Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including Negative Declaration No. 93-4, approved by the City Council on August 21, 1995, NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, HEREBY DOES FIND, DETERMINE, AND DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS: Section 1: The property to be acquired is located within the City of Huntington Beach, County of Orange, State of California, and is located on Delaware Street, and otherwise identified as Assessor's Parcel No. 025-111-40. The Property the City seeks to acquire, and the Property interests sought, consist of a fee simple absolute interest in and to the entire parcel as more specifically described in the legal description and sketch attached as Exhibits "A"and`B" hereto. Section 2: The public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, calls for the expansion of Yorktown Avenue in the manner contemplated by the Project. In addition, the Yorktown Avenue road widening is designed to relieve traffic congestion and increase the capacity of the street, which will require continuity in the roadway alignment and traffic handling capacity of the street. Section 3. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening which will enhance the utility.of the area by improving traffic safety and circulation for all those traveling on Goldenwest Street. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions,the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to residential properties. Section 4. The property to be acquired is necessary for the Project, in that the roadway widening must occur on property immediately adjacent to the existing roadway. Section 5. The offer required by Government Code Section 7267.2 has been made to the record owners, by way of letter dated December 3, 1997. Staff has attempted to negotiate with the record owners subsequent to this offer,but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings. Section 6. The City Council finds and determines that the portion of the Property remaining after the construction of the roadway improvements will be a"remnant,"as referred to in California Code of Civil Procedure Section 1240.410, in that the remainder property will be of such size, shape or condition as to be of little market value. The City Council hereby 2 g*98resol:bengprop rls 98-0010 authorizes the acquisition of the remnant portion of the Property pursuant to California Code of Civil Procedure Section 1240.410. Section 7. To the extent any of the property to be taken herein is devoted to a public use,the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure §§ 1240.510 and 1240.610. Section 8. The Project has been reviewed and approved under the California Environmental Quality Act by way of certification and approval of Negative Declaration No. 93- 4, approved by the City Council on August 21, 1995, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 9. The City Council hereby declares its intent to acquire a fee simple absolute interest, for the purpose of conducting roadway widening and improvements, in and to-the above- referenced property iri the City's name in accordance with the provisions of the laws of the State of California. Section 10. The City Attorney is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the fee simple absolute interest in and to such property. Said counsel is also authorized and directed to obtain any necessary order of the Court granting the City the right of prejudgment and immediate possession and occupancy of the property. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of February, 1998. Mayor ATTEST: APPROVED AS TO FORM: City Clerk Ci Atto5r ey �- Zcd6c REVIEWED AND APPROVED: MTIAT7 PAPPVED: City dministrator Director of Pub 'c s 3 g*98resol:bengprop rls 98-0010 E f t EXMIT A THE LAND REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS DESCRIBED AS FOLLOWS: ' 4 THE SOUTH 50 FEET OF THE WEST ONE-HALF OF LOT TWENTY-FIVE HUNDRED FIVE (2505) OF "EAST SIDE VILLA TRACT" , AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 65 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM AN UNDIVIDED 47/112THS INTEREST IN ALL OIL, GAS AND f OTHER HYDROCARBON SUBSTANCES AND MINERALS IN OR UNDER THE LAND, . BUT WITHOUT THE RIGHT TO USE THE SURFACE OF THE LAND IN CONNECTION WITH THE DEVELOPMENT THEREOF, AS RESERVED. BY JESSICA B. COFFIN IN THE DEED RECORDED OCTOBER 23, 1953 IN BOOK 2600, PAGE 254 OF OFFICIAL RECORDS. i i f. ..,.1 ,..!l:...a. ,`a+�WttraiJ::L. �v..ti•,1 --\p'A T�ti�1 "�'� :. f ta :.;.... M �•t P' aa77:tt .�:• PAGE IOF • �1, � ,.. .y, ._ �-ti�..{ j. •y..�w�1Cr'1' �'i.: � 1 :..,�I� ••.I.-itiL. 18 '' ) I •-- —OWEN AVE. I ..--}=w/LLIAM AM i I •, j:.�4.1. FLOR/DA STREET i +{ .,r at ,..•t s r na, as N (ri' N' rr rt sera' ruG&W as as :r PAN J rRAcr TR CT • ' TRACT „t' • w .y 16 . ' O ' 18 \ 19 .. '• O �L`: SS 36 �.! L y©8 �•. "�,.. s ro O W AV,et-tt { Sij 6 7 a�sC a s\aw PAN/ • u•,,• p... 1 O J e a Cj e O / �' 9-c 62 61 't 60 : 59 ; N Iva cor NO 9286' O , I a � O 4 ! 11 �„ -260K r.,/ aatJ .sal nrti y,s Ku• ».J 4� •.j - :,. /Vf;t //5/9 s ,. a NQ : 9 '' ENGLANO '' STREET s EAST SIDE*VILLA K .. „• to )�Yp ! •AdR.z : I"! 'O• 3T. •O• •39.a is � Asa �J,'>"' � � •! x �• •� r t 0 �•' 1 ' 49 PAR./ - w k Q I s��P O. ► .. 4T , . 46 r 43 O• '43 'O. '. . 41 • _ Q to �: •.j� is / '?• so� low ti DELAWARE' r `+:r• �.: •r ( ±rii.:� 'STREET a'�� ra'..n ''•d ri '. t. t•'-•, ''1'' .`'•'�,F '� tip:. •I � ..i `1 06 \:'� •• ! tf i�t.�. �:j• 4. r!..j MARCH /948 £AST S/DE VILLA TRACT M.M. 4-65 i %a li, r. ) NOTE ASSESSOR'S BLOCK'& K t `".rt' ASSESSOR'S MAP -r- TRACT NQ 3950 M.M 07-50 e.• r' j •~ i'. w irk ► '.PARCEL NUMBERS�"° E. `�( s ,- BOOK 25 PAGE 11 ,':�•+� 8fo 1 TRACT NO. 9286 MM. 393•/9 20 •'!.' ;;('• '° � F""'�1 � �_� �•' � TRACT NO. //5/9 M.M. 1/7-30,3/ r`' j' �' ' ,'SHOWN IN dRCIES:'Vb.. r"°f COUNTY OF ORANGE -O�''• PARCEL MAP Pm 8?-?2,53/8. �' k. .'• i('t:y?'{ t':� '; ;': i )`�'�' �� 1i 'tt'r��Y':�A P.�f \ �i '�' �4' '•}�1,'�'• '+r.�{LN ' �'t!•-��. TIM t m } caii'�I i tIR Gd p V.;A. !' !S Not Part:r ' 'fJl\ �Lil•h I•rti/�itn/an vr.,.,... P Res. No. 98-14 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY,the duly elected, 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 at least a majority of all the members of said City Council at a regular meeting thereof held on the 17th day of February, 1998 by the following vote: AYES: Julien, Harman, Green,Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None City Clerk and ex-offici Clerk of the ==� City Council of the City of Huntington Beach, California G/resol uti/resbkpg/97-80 CITY OF HUNTINGTON BEACH Ice INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Honorable Mayor Dettloff and Members of the City Council FROM: Gail Hutton, City Attorney DATE: January 23, 1998 1 SUBJECT: Mayor's Statement Before Hearing on Eminent Domain Resolution; City Council Meeting of February 17, 1998 Before the hearing on the Resolution of Necessity for the Yorktown Widening Project at the City Council meeting on February 17, 1998,the Mayor should announce the following: 1. This agenda item is a specially noticed hearing held under Code of Civil Procedure Section 1245.235. Only those persons who have been specially noticed and have previously requested to appear and be heard, or their designees, under Code of Civil Procedure Section 1245.235, shall be heard at this time. 2. The subject matter of this special hearing is limited to only those matters included in the proposed resolutions. The amount of compensation is not at issue during this public hearing. It will be decided by the courts at a later date,should the resolutions be adopted. 3. A two-thirds majority of the entire City Council is required to adopt the resolutions; the resolutions must receive five affirmative votes to be adopted. Other comments by the Mayor, as appropriate, may also be made, but the above items 1 through 3 must be stated before opening the special hearing. Gail Hutton City Attorney c: Ray Silver, Acting City Administrator Connie Brockway, City Clerk Bob Franz, Chief of Administrative Services gA4\98memos\bengstmt rls 98-0010 RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATIVE SERVICES SUBJECT: Yorktown Widening Project Interest and Necessity COUNCIL MEETING DATE: February 17, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXP "F LANATIONOR MISSING "ATTA'CHMENTS REVIEWED RETURNE_U FOR ED . Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk EXPLANATION FOR RETURN OF.ITEM. (Below • . For Only) RCA Author: February 17, 1998 RECEIVED FROM __ �►PrR. Ran�4, � AND MADE A PART OF THE RECORD RDA AT THE I COUNCIL MEETING OF Members of the City Council of the OFFICE OF THE CITY CLERK City of Huntington Beach CONNIE BROCKWAY,CITY CLERK c/o Connie Brockway, City Clerk 200 Main Street Huntington Beach, California 92648 Re: Hearing on Proposed Resolution of Necessity Concerning 2502 Delaware Street Huntington Beach, California PAN No. 025-111-40 Dear Council Members: This letter is sent in connection with the request made by the city Attorney's Office to condemn our,family home for the purpose of providing a sidewalk. Since 1939, five generations of our family have lived at 2502 Delaware Street. Needless to say, my family and I have many, many, fond memories of holidays,birthdays, and special moments here. The home is cherished by all members of our family. My grandparents, William and Ruth Rohrig, acquired the home in 1939 from the Winters family,the founders of Wintersburg. It is a beautiful example of California Craftsman architecture. Not only is the home a beautiful example of Craftsman architecture and a place of cherished, fond memories of decades of family events, it continues to be the home of my ailing mother,Elizabeth(Betty)Rohrig Benge. My mother is elderly and is in ill health. I fear that if she is required to move from what has been her home for over 59 years, she will become alarmed and frightened. I fear that her final time on this earth, whether it be measured in months or years, will not come within the comfort and safety of her own home,but in a strange and feared place. We believe that the City's sidewalk project is simply not sufficiently important to justify the taking of our home. The street has alaready been widened to tis full extent. The only required furhter improvement is a sidewalk. - Ms. Connie Brockway February 17, 1998 Page 2 Surely there is o sufficiently great urgency for the sidewalk so as to necessitate the taking of our home and the forced move of our mother. The City's proposed taking of our property for this sidewalk was previously published in an article in the Independent Newspaper on 5-23-96 and 5-30-96. The newspaper canvassed citizens throughout the City of Huntington Beach for their opinions about this taking of our home, without exception, citizens who were informed that our mother;s house would be taken for this sidewalk all agree that our mother should be permitted to live her final days within the comfort of her own home. We urge you to side with the citizens of the City of Huntington Beach and allow our mother to coninue to live in the safety and security of this home. Please vote NO on this proposed resolution for the Benge family. Sincerely, Theresa B. Wright Diane B. Lenning cc: City Council Members Audience News Agencies WTERNET Distribution i � 4g :r i - `` wI((Imn And: h R6hRiq UJCRC maRiRicd and moved CO �untmgton Beach in the �7mteRs home was rd moved CO this tocdtion in 1939 1 F„ p�CCi1Re BCtow RCZ&rlvCS FROM attendcnce:zo.CLl Ott lams'FimcRat.in:19�F�F. .: �e iuea'16(ted in zhc oitFids:.:... , I ;s 4q .. a�� t 4 ':3t r. �1 N M R q �l , - 'L s� yr�i��pt -_f-•'�Y�u a.y. �r �.� � - ? ���yJ� y- x_y 3s ' - y - ? `�g.Tl• 01, y r'Et4 '1 oz Y { RMFami(y cnloymg bach.yand.:norc gRApc aR6ouR. }Zurh and �lAiam.RohRig in �Romr of-house: '. 5ffvr —'� E3 �.�5�S��'-x�tt Mid�S• .f i i.a 4 ����!r l�S�t.'q � � �,. Pr-v. la: Benge ChiRd geneRArion gRand chi(dRen >v « at� x 1Zuz-h-l2ohRig. (mid ct hrtRsCeievt e Clyde and Berry Benge uA6 rRiends..... (on(err) and E(izabcrh.(on Righr): rat.: r� t 'i ,i,, h i ti l S F It Rush and'WiWMn CIRCA 1942 E(izabethEAsreR:Sunday 1942 S 5"-Ktr NiY a '� �c.,fyyo�x"kU'g x �' � � i t�'`'�'�+'raa�...� 2-?�� ie'£ �_. �k��y y-y�•Er���.�.�a,.�S '�° - -kx� -�'s��� +�h'�y''�•� � 53 r � S j,��a.-~< s�"m-,,,; �-� `'- �' z� 'fib�-f �c�`' � . �F a - •�.. yt4i 4 _ �S IN �.Y- i `'E Ida".) •g:. s° W r es� n E ?s,�� r °-I �lm r llit y < < M eMP `P� l A '11Id{�fi -M, ( ,R&n61ds hdvinq Vim on Ootty zhc ciRcus hopsc . an - Ruth' d Witham with FIRsr son a a Y � S• F, i£{ S F t pmmap w. Z llc Falll4c) dinintj Room OvcK S t ARR OF Z(�at�(,st�ivii C7nincKs }lc\VCR;t)CCT1 sCRVCC : ICRCi ��id ho�chu[T J Cc �cveRat iiiohc zo ccinc od � li(tuit 1 i 711- ftEIVED FROM 414P MADE A PART OF THE RECIfE T CQ(;NCIL MEETING OF ? �/ OFFICE OF THE CITY CLERK Co�nt�BROCKWAY,CITY CLERK BENGE FAMILY ESTATE 2502 Delaware St., Huntington Beach, CA 92648 (714) 969- 7637 Clyde L. Benge Theresa Benge Wright Carole Benge Sanstad Diane Benge Lenning Linda Benge Spp 19227 Seabrook Lane, Huntington Beach, CA. 92648 (714) 960-2870 February 17, 1998 Members of the City Council of the City of Huntington Beach c/o Connie Brockway, City Clerk 2000 Main Street Huntington Beach, CA 92648 Re: Hearing on Proposed Resolution of Necessity Concerning 2502 Delaware Street, Huntington Beach, California, APN No. 025-111-40 Dear Council Members: This letter is sent in connection with the request made by the City Attorney's Office to condemn our family home for the purpose of providing a sidewalk. Since 1939, five generations of our family have lived at 2502 Delaware Street. Needless to say, our family has many, many fond memories of holidays, birthdays, and special moments here. All members of our family, as well as, extended family cherish the home. Page Two Our grandparents, William and Ruth Rohrig, acquired the home in 1939 from the Winters family, the founders of Wintersburg. It is a beautiful example of California Craftsman architecture. ' Not only is the home a beautiful example of California Craftsman architecture and a place of cherished, fond memories of decades of family events, it continues to be the home of our ailing mother, Elizabeth Rohrig Benge. Our mother is seventy-four years old and is in very ill health. We fear that if she is required to move from what has been her home for over forty-four years, she will become alarmed and frightened. We fear that her final time on this earth, whether it be measured in months or years, will not come within the comfort and safety of her own home, but in a strange and feared place. We believe that the City's sidewalk project is simply not sufficiently important to justify the taking of our home. The street has already been widened to its full extent. The only required further improvement is a sidewalk. Surely there is no sufficiently great urgency for the sidewalk so as to necessitate the taking of our home and the forced move of our mother. The City's proposed taking of our property for this sidewalk was previously published in an article in the Independent newspaper on Thursday, May 23, 1996. The newspaper canvassed citizens throughout the City of Huntington Beach for their opinion about this taking of our home. Without exception, citizens who were informed that our mother's house would be taken for this sidewalk all agree that our mother should be permitted to live her final days within the comfort of her own home. We urge you to side with the citizens of the City of Huntington Beach and allow our mother to continue to live in the safety and security of this home. Please vote NO on this proposed resolution. Sincerel ) , Diane Benge Lenning Theresa Benge Wright, et al. Page 1 of 2 February 8, 1998 Diane Benge Lenning 19227 Seabrook Lane Huntington Beach, CA 92648 (714) 960-2870 m co Z Office of the City Attorney co C/o Connie Brockway, City Clerk X_ <<�m City Hall, City of Huntington Beach mom_. P.O. Box 190 o s nyo 2000 Main Street Huntington Beach, CA 92648 (714) 536-5555 Fax: 374-1590 Dear Gail Hutton, City Attorney, This letter is a notice to you and the City of Huntington Beach of my intent to appear and speak before the City Council in the City Council Chambers, February 17, 1998, in the meeting held at or about 7 : 00 p.m. , in regards to the Eminent Domain proceedings of the City to acquire our "Benge Family Estate", at 2502 Delaware St. , Huntington Beach, CA 92648; identified as Assessor' s Parcel No. 025- 111-40 in the City of Huntington Beach, for a road-widening project. We are aware of the city' s appraisal and various other investigations and actions regarding the acquisition of our house. We wish to leave open all issues as you have stated in your undated letter received by Theresa Wright only, on or about February 5, 1998 . These issues include: A. The public interest and necessity requiring the project. We have points of issue regarding this. B. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. We have points of issue regarding this matter. C. The property sought to be acquired is necessary for the project. We have points of issue regarding this matter. G� I I Page 2 of 2 D. The offer required by Section 7267 .2 of the Government Code has been made to the owner (s) of record. We have numerous points of issue regarding this matter. This letter also reminds you of our desire to sell, within the framework of a previously discussed and tentatively agreed upon settlement. We have points. of issue regarding the resolution of that agreement. We reserve the right to address and legally challenge any action taken by the adoption of the resolution of necessity and any other findings or matters included within it, or any actions taken pursuant to it, in regards to the acquisition of our property at 2502 Delaware St. , Huntington Beach, CA 92648 . This letter does not prevent further negotiations from occurring for the acquisition of our property. If you have any questions regarding this letter, please contact me at address, or by phone. Sincerely, Diane Benge Lenning (714) 960-2870 fax: 960-4455 City Council Meeting February 17, 1998 Prope cquisition lEdingerA . i Wainer Ave. ! I i Yorktown j _ Widening r Project ! � a m v_ I Yoddow I Adams I II I Agenda Item F-1 Slide 1 Yorktown Widening Project • Series of "Spot" Widenings — Provide sidewalks/pedestrian safety — Improve traffic safety • Multi-Year phasing to coincide with availability of funds • Florida-Utica task force recommended the widening and improvements as a high priority Slide 2 Agenda Item: F-1 Property Acquisition - Yorktown Street Widening City Council Meeting February 17, 1998 Yorktown Widening Project ® 2502 Delaware (Agenda Item F-1) Right of Way previously acquired by the City M L X3 Slide 3 Existing Condition iy�; a �wwssn _U 1 MR aw = rto n Slide 4 Agenda Item: F-1 Property Acquisition - Yorktown Street Widening City Council Meeting February 17, 1998 Approved Widening � elate � e Slide 5 2502 Delaware (Looking East) Slide 6 Agenda Item: F-1 Property Acquisition - Yorktown Street Widening City Council Meeting February 17, 1998 2502 Delaware (Looking Northeast) - "W._ } ¢ _ Slide 7 2502 Delaware (Looking West) Slide S Agenda Item: F-1 Property Acquisition - Yorktown Street Widening City Council Meeting February 17, 1998 Project Alternative # 1 : (rejected) wa 2fre` OZ. Slide 9 Project Alternative # 2: (rejected) 9 y r � e Slide 10 Agenda Item: F-1 Property Acquisition - Yorktown Street Widening City Council Meeting February 17, 1998 Procedural Requirements • The project is in conformance with the General Plan • CEQA requirements have been met • Full amount of appraised value has been offered • Relocation benefits will be provided Slide 11 Property Acquisition History 2502 Delaware • Initial City letter to the 5 owners: 11/95 • Discussions begin on potential acquisition agreement: 7/96 • No written agreement reached on acquisition: 7/96 thru 6/97 • City begins process to potentially obtain property by eminent domain: 6/97 Slide 12 Agenda Item: F-1 Property Acquisition - Yorktown Street Widening City Council Meeting February 17, 1998 Property Acquisition History (cont.) 2502 Delaware • Property Appraisal updated: 9/97 • City presented offer to purchase: 10/97 • City offer rejected: 11/97 • No counter offer was submitted to City • City mailed Final Offer: 12/3/97 • Notice of Hearing mailed: 1/23/98 Slide 13 Summary of Staff Presentation • 2502 Delaware property is needed for Yorktown widening project • No agreement has been reached to acquire the property • All procedural requirements have been met to conduct hearing • After hearing, Council can consider adoption of Resolution (5 votes required) Slide 14 Agenda Item: F-1 Property Acquisition - Yorktown Street Widening February 8, 1998 --n x Diane Benge Lenning 19227 Seabrook Lane Huntington- Beach, CA 92648- ; rI m (714) 960-2870 �, Y v� —v C, Office of the City Attorney C/o Connie Brockway, City Clerk cr C-4 City Hall, City of Huntington Beach P.O. Box 190 2000 Main Street Huntington Beach,_ CA 92648 (714) 536-5555 Fax: 374-1590 Dear Gail Hutton, City Attorney, This letter is a notice to you and the City of Huntington Beach of my intent to appear and speak before the City Council in the City Council Chambers, February 17, 1998, in the meeting held at or about 7 : 00 p.m. , in regards to the Eminent Domain proceedings of the City to acquire our "Benge Family Estate", at 2502 Delaware St. , Huntington Beach, CA 92648; identified as Assessor' s Parcel No. 025- 111-40 in the City of Huntington Beach, for a road-widening project. We are aware of the city's appraisal and various other investigations and actions regarding the acquisition of our house. We wish to leave open all issues as you have stated in your undated letter received by Theresa Wright only, on or about February 5, 1998 . These issues include: A. The public interest and necessity requiring the project. We have points of issue regarding this. B. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. We have points of issue regarding this matter. C. The property sought to be acquired is necessary for the project. We have points of -issue regarding this matter. Raqt ;Zo f D. The offer required by Section 7267 .2 of the Government Code has been made to the owner (s) of record. We have numerous points of issue regarding this matter. This letter also reminds you of our desire to sell, within the framework of a previously discussed and tentatively agreed upon settlement. We have points, of issue regarding the resolution of that agreement. We reserve the right to address and legally challenge any action taken by the adoption of the resolution of necessity and any other findings or matters included within. it, or any actions taken pursuant to it, in regards to the acquisition of our property at 2502 Delaware St. , Huntington Beach, CA. 92648 . This letter does not prevent further negotiations from occurring for the acquisition of our property. If you have any questions regarding this letter, please contact me at address, or by phone. Sincerely, Diane Benge Lenning (714) 960-2870 fax: 960-4455 Diane Lenning -� e Independent Distributor NVIN: 578262201 o 19227 Seabrook Lane v FEB •� �� 2 a7 7 .new vision � 6T !, to i • . to • , i ,to a , Huntington Beach, CA 92648 Oo� �� • Pe METER b0 � 5062641 US POSTAGE + Fold at line over top of envelope to the right of - return address mz L - Z 464 175 5 8 4 G 7)1"1 1 KTUN Kai" Q9ESTEDs2t�4ek 4-? 1131111111111111111111,11u11 Bill kill ii,„,1Lil, li, „il { CITY OF HUNTINGTON BEACH s INTERDEPARTMENTAL COMMUNICATION HUNTINGTON BEACH TO: All Department Heads — - FROM: Connie Brockway City Clerk Clerk DATE: 9�I SUBJECT: NEED FOR CITY CLERK'S OFFICE TO BE INFORMED AS TO WHETHER DEFERRED CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS WILL EVER RETURN TO COUNCIL As time permits, the City Clerk's Office will be copying RCA's that are in the City Clerk's Office Pending File to ask your department whether the item is to remain pending or whether the item will not return to the City Council/Redevelopment Agency. The following is a partial listing of the City Clerk's Office Pending File items: 0 2 • F w� — r �'r'ar, --20 -96 e Please return this page if your department is involved. I am sending these inquiries to all departments as some items have more than one department involved. CB:cjg cc: City Council - Informational Only City Administrator- Informational Only e c cbmemos/97-038cg City Council Mike Uberuaga Bob Franz City Administrator Deputy City Administrator Gail Hutton Shari Freidenrich Melanie Fallon City Attorney City Treasurer Director, Community Development Ron Hagan David Biggs Mike Dolder Director, Community Services Director, Economic Development Fire Chief Ron Hayden Ron Lowenberg Les Jones Director, Library Services Police Chief Director, Public Works Dept. 05/20/96 - City Council/Redevelopment Agency Minutes - Page 27 (City Council) Widening Of Yorktown Avenue At Delaware Street - CC-1017 - Authorization For Staff To Explore With Homeowners The Relocation Of Home At 2502 Delaware Street - Approved (600,50) The City Council considered a communication from the Public Works Director informing Council that right-of-way acquisition for Phase II of the Yorktown Widening Project is nearing completion, and staff would like to finalize the design and is requesting a Council decision on the direction of the project relative to the home located at 2502 Delaware Street. City Engineer Eichblatt presented a photo slide report. He presented reasons for the Task Force recommendation. City Engineer Eichblatt reviewed the traffic conditions if the house were to remain which would be unacceptable. He spoke regarding a structural analysis which would be necessary for removal of the house. City Engineer Eichblatt and Les Jones, Public Works Director reported on discussions that can be held for report back to Council. Discussion was held regarding the impact of the site relative to the Historic Resources Board. A motion was made by Garofalo, second Green, to defer this item to July 1, 1996. A motion was made by Garofalo, second Green, to modify the motion to defer to staff to return at an appropriate time. Councilman Garofalo stated that he believed timeliness was necessary as it was to avoid a dangerous situation. Discussion was held. A motion was made by Garofalo, second Green, to defer the item for 60 days, authorize staff to explore with the homeowners at 2502 Delaware Street the relocation of the home to another location and return as an Administrative Item. If there is going to be a delay, some type of temporary solution be made for sidewalk conditions for safety. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Harman (City Council) Police Chief Report - Police Department Budget Resources And Amberleaf Circle Situation Councilman Garofalo inquired if the city is at any greater risk with a redeployment program than without and will there be any changes in the redeployment plan in the future. The Police Chief responded that in the short term he did not believe it would impact basic services but that it will impact the specialty assignments. He also reported on the canine unit at the request of Councilman Garofalo. 332 J; AT CITY OF HUNTINGTON BEACH ° JL: INTERDEPARTMENTAL COMMUNICATION HUNTINGTON BEACH TO: All Department Heads FROM: Connie Brockway City Clerk �J DATE: iv" 7-9 SUBJECT: NEED FOR CITY CLERK'S OFFICE TO BE INFORMED AS TO WHETHER DEFERRED CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS WILL EVER RETURN TO COUNCIL As time permits, the City Clerk's Office will be copying RCA's that are in the City Clerk's Office Pending File to ask your department whether the item is to remain pending or whether the item will not return to the City Council/Redevelopment Agency. The following is a partial listing of the City Clerk's Office Pending File items: 0 E W — r 04 --20 -96 Please return this page if your department is involved. I am sending these inquiries to all departments as some items have more than one department involved. CB:cjg cc: City Council - Informational Only City Administrator- Informational Only cbmemos/97-038cg CITY OF HUNTINGTON BEACH MEETING DATE: May 20, 1996 . DEPARTMENT ID NUMBER: PW 96-026 Council/Agency Meeting Held: o Deferred/Continued to: (/�Tf 9�_ ❑ Approved ❑ Conditionally Approved El Denied City Clerk's Si ature Council Meeting Date: May 20, 1996 Department ID Number: PW 96-026 CITY OF HUNTINGTON BEACH cA 17th REQUEST FOR.ACTION SUBMITTED HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr � Cif PREPARED BY: L S M. JONES II, Director of Public Works'-2 �1 SUBJECT: Widening Yorktown Avenue at Delaware Street, -107 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Env' on ntal Status,Attachment(s) Statement of Issue: Right-of-way acquisition for Phase II of the Yorktown Widening Project is nearing completion, and staff would like to finalize the design. Staff is,,therefore, requesting a Council decision on the direction of the project. Fundinq Source: Measure 'M' Funds are available for this project. Recommended Action: Authorize staff to explore with the homeowners at 2502 Delaware Street, the relocation of the home to another location. Alternative Action(s): Deny the recommendation and select another alternative as given in the Analysis Section of this Request for Council Action. Analysis: Phase II of the Yorktown Avenue improvement project involves the widening of one block along the north side of Yorktown Avenue, between Delaware Street and England Street, and the demolition or relocation of the three homes. One home has been acquired and the second one is in escrow to be acquired. The only remaining home is at the northeast corner of Yorktown Avenue and Delaware Street, at 2502 Yorktown Avenue. Staff . has received conflicting recommendations from two separate citizens groups regarding this home and property. The differences in the recommendations must be reconciled before the City can proceed with remaining street improvements. The Historic Resources Board has indicated that the home and its site both have a degree of historic significance. It has, therefore, been recommended that the home remain at its present site. The owners of the 0018359.01 -2- 05/08/96 9:37 AM REQUEST FOR ACTION MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: PW 96-026 home apparently agree with this position. This alternative (alternative one) would result in curving-the widened Yorktown Avenue to the south, thereby missing the home and requiring property acquisition along the south side. This abrupt double jog in Yorktown Avenue would create an unsafe driving condition and bring the roadway quite close to two relatively new condominiums on the south side. The Florida Utica Task Force recommends, however, keeping the street alignment straight, which would require removal of the home. Staff recommends alternative two, negotiating with the property owner to explore the possibility of relocating the home to a residential parcel in the nearby neighborhood. It would first, however, be necessary for staff to conduct a structural analysis of the home to determine whether it is even capable of being moved. A third alternative is to leave the home at its present location and construct a narrow three to four foot wide sidewalk between the home and the existing street. This would remove the pedestrians and bicyclists from the street but not necessarily protect them from passing vehicles. This alternative would also create a jog for westbound traffic. The fourth and final alternative would be for City Council to declare that the home has no significant historic value and direct that acquisition, subsequent relocation assistance and demolition should proceed. This alternative would allow for the full widening of the street in its current alignment. The City Council has the authority to override the Historic Resources Board (HRB)'s recommendations for realigning the street and for the disposition of the home and property. Chapter 2.107, Historic Resources Board, Section 2.107.060, Authority and Responsibilities, Huntington Beach Municipal Code, states that board shall act in an advisory capacity to the City Council. The HRB does not have decision making authority. The home is not registered as a historic structure by the Office of Historic Preservation, Department of Parks and Recreation, State of California. However, the HRB has included the home on a list of historic structures (based upon its architecture and its history). The newer second floor addition, however, doesn't appear to be compatible. The HRB has never submitted the list to the City Council for approval. If the Council approves the recommended action, staff will pursue the most cost-effective relocation approach. A final recommendation will be brought back to the Council for approval. Environmental Status: Council approved Negative Declaration Number 93-4 on August 21, 1995. Attachment(s): 0018359.01 -3- 05/08/96 9:51 AM REQUEST FOR ACTION MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: PW 96-026 List attachment(s) below. City Clerk's • - Number No. Description _ ...... _ ...... _ . _ _. Start NumberEng tf 1. Location Map 2. Historic Resources Board letter dated 1/17/96 7 3. Florida Utica Task Force letter dated 3/21/96 S 4. Excerpts from the Huntington Beach Municipal Code !A 5. Communication from Earle W. Robitaille Urging Completion of Street Improvements. LMJ:REE:AAF:gdf 0018359.01 -4- 05/08/96 9:37 AM gyp. S mm q�0 P Z BOLSA AVE. . �00 a ►- m N N N VN m Mc FADDEN �AVE. zEDINGER w N N AVE. J Z U _ X Q Q N N p QHEIL v . ¢ z . ¢ = AVE. Jm i m o N 0 � 3 a 0 . w ~o N Q O WARNER N W AVE. N.T.S. SLATER AVE. 405 N a TALBERT AVE. PACIFIC 001, ELLIS JAVE. GARFIELD I AVE. tn Inn- CO A�. a_ AVE. . 3.. 911� Qv W W in A ADAMS AVE. tn INDIANAPOLIS AVE. .o z 'J cr of PORK TO WN AVENUE ATLANTA Q z - i AVE. m U fN Q . D DELAWARE TO ENGLAND NORTH SIDE ¢ Z HAMILTON AVE. CC- 1017 m OCEAN ylyr BANNING AVE. PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH - 4122196 DEPARTMENT OF PUBLIC WORKS C:\ACAD\CC1017\1017LOC.DWG Jd Historic Resources Board JAN 2 K e. _6 CITY OF HUNTINGTON BEACH 14UNTINGTONBEACH Post Office Box 190 . Huntington Beach, California 92648 u� January 17, 1996 Honorable Mayor Sullivan City Council Members Michael T. Uberuaga, City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Mayor Sullivan, City Council Members & Mr. Uberuaga: At the January 16, 1996 meeting of the Historic Resources Board, the board received comments from Ms. Diane Lemming, one of the five property owners of 2505 Delaware (at Yorktown), Mr. Frank Puccilli of 2402 Florida Street #1, and Barbara J. Kimbrough of 19361 Beach Blvd. All three speakers were addressing the issue of the widening of Yorktown. Ms. Lemming, speaking for herself(accompanied by her sister and mother) elaborated upon the long family history in the city and of the home. She- indicated that her mother and sister remain living in the home. Ms. Lemming expressed hope that the structure could be preserved along with the family history. She indicated that should the city decide to purchase the property to widen Yorktown that the structure be relocated to Bartlett Park and become part of an historic park along with the Newland House. Mr. Puccilli and Ms. Barbara Kimbrough (members of the Florida/Utica Task Force) both urged the board to consider the immediate need to remove the structure in order to widen Yorktown. Both Mr. Puccilli and Ms. Kimbrough praised the board's efforts to preserve historic structures and both understood the feelings of the family involved. However, their concern this evening focused on the need to improve the safety at the intersection for both pedestrians and vehicles. With curbs, sidewalks, street and traffic pattern improvements in the area, the safety for all residents and travelers would be greatly improved. Mr. Pucilli also expressed concerns that for emergency purposes, wider roads need to be available to move vehicles out of the area via Yorktown. And finally, the proposed improvements to this area would allow pedestrians to cross Yorktown on the east side of the intersection. The board explained their earlier position which was to recommend to Council that the structure remain in its present location and that Yorktown be realigned using the newer property on the other side of Yorktown thus saving the historic 2501 Delaware property. The board further explained to the owners and other area residents that the issue should be taken up with the Public Works Department because the only role of the Historic Resources Board is to identify historically-significant structures in the city and to make recommendations to the city council whether or not they deserved preservation. The board reiterated that it has no additional authority in this matter. The board encouraged the family to come to an agreement about their issues and*to present a position to the city via their Public Works Department contact. The board concluded that it would take no further action. For clarification, the board made the following motion: The Historic Resources Board, once again, recommends to Council that the 2501 Delaware property, a significant historical structure, remain on site, not subject to demolition or removal and the city should bend its precise street alignment around this house. The motion passed unanimously. Submitted by, NEC ae Mudd, Secretary cc: Ron Hagan Les Jones Robert Franz CNME�t f c Thursday, March 21, 1996 Mr. Doug Kato Principal Engineer Huntington Beach Public Works Department P.O. Box 190 Huntington Beach, Ca 92648 Re: 2502 Delaware Dear Doug, At the January 10, 1996 meeting at the Public Works Department, it was stated that in the event no agreement was reached regarding the house at 2502 Delaware, recommended council action would be initiated by staff. -On March 12, 1996 Florida Utica Task Force voted unanimously that Yorktown should be widened at Delaware. The Task Force feels these are the reasons the house should be removed: 1. Safety for pedestrians and vehicles 2. Total completion of the project is hindered unless 2502 Delaware is removed 3. Total investment goal and project completion will not be achieved At the March 13, 1996 meeting at Public Works you asked for a letter to request council action on 2502 Delaware. As a Task Force we are behind the removal of the house to complete this project. We support staff in your recommended action. Sin rely, Mike Uberuaga: City Administrator Ray Silver, Assistant City Administrator Les Jones, Director Public Works Robert Eichblatt, City Engineer Huntington Beach Municipal C.. 2.100.010-2.100.070 Chanter 2.100 OPERATING POLICY FOR BOARDS AND COMMISSIONS (289M/87, 3124-12/91,3250-10/94,325&11/94) Sections: 2.100.010 Establishment 2.100.020 Definitions 2.100.030 Budget 2.100.040 Staff 2.100.050 Staffliaisdn and residency 2.100.060 Service limitation 2.100.070 Employment limitation 2.100:080 Duration of terms 2.100.085 Attendance 2.100.090 Open meetings 2.100.100 Rules 2.100.110 Applicability 2.100.010 Establishment. All advisory boards and commissions shall be established by ordinance. Committees may be established by resolution. The enabling document may establish the duration, manner of appointment,term of office, and powers and duties. (2896-8/87, 3124-12/91) 2.100.020 Definitions. (a) Board-a body of members appointed pursuant to Huntington Beach Charter section 405 to serve in a continuing advisory capacity to the City Council, except for such Boards which have decision making authority pursuant to the particular establishing ordinance creating such Board; (3250-1o/94) (b) Commission-a body of members appointed pursuant to Huntington Beach Charter section 405 which may have decision making authority in those activities delegated to them by the City Council; (c) Committee- a body of members appointed pursuant to Huntington Beach Charter section 405'on an ad hoc basis to advise the City Council on particular matters. (289M/87) 2.100.030 Budget. When deemed necessary,the City Council may cause to be set aside in the budget for each fiscal year an amount necessary for the functioning of such boards and commissions. (2896- 6/87) 2.100.040 Staff. The city shall assign a staff liaison to each board and commission. (289M/87) 2.100.050 Staff liaison and residency. Unless otherwise specified, each board or commission is to be assigned one staff liaison specified by the City Council. All members of boards and commission shall be residents and electors of the City of Huntington Beach. (289M/87) 2.100.060 Service limitation. No person shall serve on more than one board or commission at any one time. No person shall serve more than two(2)consecutive terms on any one(1)board or commission. In the event a person is appointed to fill an unexpired term and more than two(2)years remains of the term,the appointment to it shall be considered a full term for purposes of the two (2) term limitation. (289M/87,3255-11/94) 2.100.070 Employment limitation. No person serving on any board or commission shall hold any full or part-time paid office or employment in the Huntington Beach personnel system while so serving, unless otherwise specified. (2898-6/87) 11/94 2.100.080-2.100.110 H,_ .,gton Beach Municipal Code 2.100.080 Duration of terms. Members.shall.serve until their respective.successors are appointed and qualified. The City Council shall have the power to fill any vacancies. Unless otherwise specified, terms of members of boards and commissions shall be four(4)years, staggered so that the majority of terms shall end in odd-numbered years following the election of four(4)council members and remainder of the terms shall end in odd-numbered years following the election of three(3)council members. (2896.6/87) 2.100.085 Attendance. Any person appointed to any city board, commission, or committee shall automatically vacate the office upon a fifth(5th)unexcused absence during a calendar year or upon more than three(3)consecutive absences at any time during the term of office. The appointing authority shall appoint a successor to fill the vacancy. (3124-12/91) 2.100.090 Open meetings. All meetings of boards and commissions shall be open to the public unless subject to the closed session exceptions contained in the Ralph M. Brown Act(Govemment Code section 54950). (2896-6/87) 2.100.100 Rules. Each board and commission may adopt such bylaws and rules as may be necessary or convenient for the conduct of its business, subject to approval of the City Council.- (289M/87) 2.100.110 Annlicability. This chapter shall apply to all boards and commissions, unless an ordinance enacted after the date of this section establishes different requirements;provided, however,the service limitation set forth in section 2.100.060 shall not apply to the Personnel Commission. (3124-12/91) 11/94 Huntington Beach Municipal L _ 2.107.010-2.107.060(a) Chanter 2.107 HISTORIC RESOURCES BOARD (2895-5/87,3083-12/90) Sections: 2.107.010 Establishment 2.107.020 Purposes 2.10-7.030 Attendance 2.107.040 Operating Policies 2.107.050 Secretary 2.107.060 Authority and Responsibilities 2.107.070 Meetings - Quorum 2.107.080 Acceptance of gifts 2.107.090 Mayor Ex-officio member 2.107.100 Election of officers 2.107.010 Establishment. There is hereby established the Huntington Beach Historic Resources Board,to consist of not less than seven(7)nor more than eleven(11)members,to be appointed to serve terms of four years. (2895-5/87) 2,107.020 Purposes. The purposes of the board shall be to: (a) Act as an advisory body to the City Council on matters pertaining to historic issues and services. (3083-12/90) (b) Encourage and promote programs and activities that enhance public awareness of community historic resources. (3083-12/96) (c) Cooperate with other city agencies such as the Community Services Commission and the Planning Commission,to insure that historic preservation and services are considered in the planning for the future development of the community. (3083-12/90)- (d) Act as a liaison to Council for local, state, and federal groups and agencies whose interest involves historic issues. (3083-12/90) 2.107.030 Attendance. Regular attendance at meetings is required of all members to enable the board to discharge its duties. A member absent from three(3) consecutive meetings,without consent of the chairman, or from five (5)meetings in a twelve month period, shall be deemed to have resigned from the board, and immediate notification shall be given to the Mayor and City Council of such vacancy. (3083-12/90) 2.107.040 Operating policies. The board shall conform to the operating policy for boards and commissions as contained in the Huntington Beach Municipal Code. (3083-12/90) 2.107.050 Secretan,. The Director of Community Services Department, or his designee, shall serve as secretary to the board without the power to vote,and shall keep permanent minutes of the board meetings. Newly Revised Roberts' Rules of Order(current edition) shall govern the procedure of the meetings of the board unless inconsistent with other provisions of this chapter. (3083-12/90) 2.107.060 Authority and Responsibilities. The board shall act in an advisory capacity to the City Council in all matters pertaining to historic issues by: (3083-12/90) (a) Studying, interpreting and reporting to City Council on historic issues and activities appropriate to the City. (3083-12/90) 12/90 2.107.060(b)-2.107.100 Huntington Beach Municipal Code (b) Encouraging-financial support from the community for historic programs and facilities. (3083-12/90) (c) Reviewing the annual budget as presented to City Council. (3083-12190) (d) Performing other functions and cooperating with other civic organizations as required. (3083-12/90) (e) May request from city staff and outside sources, via the secretary, reports and recommendations for action consistent with the purposes and functions set forth in this and preceding sections. (3083-12/90) 2.107,070 Meetings - Quorum._The board shall meet at such time and place as it may fix by resolution. All meetings shall be open to the public and comply with all provisions. A majority of the board shall constitute a quorum for the transaction of business. (3083-12/90) . 2.107.080 Acceptance of�aifts. The board may recommend to the City Council the acceptance of all gifts,.devises, legacies or.bequests,either real or personal property from any source, public or private. Any acquisition to the board shall be administered through the Administrative Services Department of the city on authorization from this board. All acquisitions shall be consistent with the functions of the board as set forth in Section 2.107.060 above. Historic structures surveys, collection management policies and documentation on historic artifacts will be reviewed by the board as required. (3083-12/90) 2.107.090 Mavor Er-officio member. The Mayor may be an ex-officio member of the board or may appoint a representative to act as an ex-officio member. (3083-12/90) 2.107.100 Election of officers. The board shall elect from its members a Chairman and Vice Chairman at the regular June meeting. Such officers shall serve for one year or until their successors are elected. The Chairman may only serve two consecutive terms. The Chair and Vice Chair may make and second motions and shall have a voice and vote in all proceedings. (3083-12/90) 12/90 From : EARLE ROBITAILLE PHONE No. 714 e47 4113 Apr.29 1996 :34AM P01 FAX-- Q4/2M6 9:33 AM I.1V1.0mboy,of shoot > H-vL ck ma�7�- TO: FROM: EARLF. W. ROBITAILLE Connie Brockway 6552 SABBICAS CIRCLE City Clk. HUNTINGTON BEACI i CALIF. 92647 J � -I E-MAIL EWR2QACP.NET Phone 714-847-4026 Y v C7 �) C-, Fax Phone 714-847-4113 Phone Fax Phone 374-1557 CC.- File IREMARKS: ❑ Urgent For yourreview . ❑ Reply ASAP l,] Please Comment MESSAGE: Please regard this fax as a letter to City Council. I understand that there will -be discussion at tonight's Council meeting regarding the final steps to widen Yorktown Ave between Lake & Beach. Nothing should be allowed to impede these much needed improvements. NOTICE: The information contained in this fax is intended only for the personal and confidential use of the addressee named above or their agent. If you have received this fax In error, please destroy it and notify the sender at the above phone/fax number. Any unauthorized copying, dissemination, or distribution is strictly prohibited.- Thank you. Council/Agency Meeting Held: 5�-6-96 Deferred Continued to: ❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's 91gnature Council Meeting Date: May 6, 1996 Department ID Number: PW 96-026 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator — PREPARED BY: " LES M. JONES II, Director of Public Works SUBJECT: Widening Yorktown Avenue at Delaware Street, C -1017 Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Right-of-way acquisition is nearing completion, and Public Works staff would like to finalize the design of Phase II of the Yorktown Widening Project. Staff is, therefore, requesting a Council decision on the direction of the project. Fundin Source: Measure `M' Funds are available for this project. Recommended Action: Authorize staff to negotiate with the homeowners regarding moving the home at 2502 Delaware Street to another-location. Alternative Action(s): Deny the recommendation and select another alternative as given in the Analysis Section of this Request for Council Action. Analysis: Phase II of the Yorktown Avenue improvement project involves the widening of one block along the north side of Yorktown Avenue, between Delaware Street and England Street, and the demolition or relocation of the three homes. One home has been acquired and the second one is in escrow to be acquired. The only remaining home is at the northeast corner of Yorktown Avenue and Delaware Street. REQUEST FOR ACTION MEETING DATE: May 6. 1996 DEPARTMENT ID NUMBER: PW 96-026 Analysis (cont.): Public Works has received conflicting recommendations from two separate citizen bodies regarding this home and property. The differences in the recommendations must be reconciled before the City can proceed with the improvements. The Historic Resources Board recommends retaining the subject building at its present site and rerouting the widened Yorktown Avenue to the south, thereby missing the building and placing an 'S' curve in Yorktown Avenue. This would require property acquisition along the south side of " Yorktown. Constructing an 'S' curve in Yorktown Avenue is unacceptable to staff as it creates an unsafe driving condition and brings the roadway too close to the relatively new condominiums on the south side of Yorktown Avenue. The Florida Utica Task Force recommends, however, keeping the street alignment straight, which would. require removal of the home. Staff recommends negotiating with the property owner to explore relocating the home to any one of several residential parcels in the neariby neighborhood. It would first, however, be necessary to conduct a structural analysis of the home to determine whether it is capable of being moved. Our real estate staff has prepared an inventory of nearby vacant-parcels. The preliminary cost estimate for acquiring the site, moving the home and reestabilising it on the new site is $150,000. A third alternative is to leave the home at its present location and construct a narrow three to four foot wide sidewalk adjacent to the existing street. This would remove the pedestrians from the street but would not permit a full width street. This alternative would be unacceptable for capacity and safety considerations. The fourth and -final alternative would be for City Council to declare that the home has no historic significance and direct that acquisition and demolition proceed. This alternative would allow for the full widening of the street in its current alignment. The City Council has the authority to override the Historic Resources Board (HRB)'s recommendations for realigning the street and for the disposition of the home and property. Chapter 2.107, Historic Resources Board, Section 2.101.060, Authority and Responsibilities, Huntington Beach Municipal Code, states that board shall act in an advisory capacity to the City Council. The HRB does not have decision making authority. The home is not registered as a historic structure by the Office of Historic Preservation, Department of Parks and Recreation, State of California. However, the HRB has included the home on a list of historic structures (based on its architecture and its history). The HRB has never submitted the list to the City Council for approval. If the Council approves the recommended action, staff will pursue the most cost-effective relocation approach. Any significant changes in status will be submitted to the Council for review and approval. 0018359.01 -2- 04/29/96 5:04 PM REQUEST FOR ACTION MEETING DATE: May 6. 1996 DEPARTMENT ID NUMBER: PW 96-026 Environmental Status: Council approved Negative Declaration Number 93-4 on August 21, 1995. Attachment(s): 1. Location Map 2. Historic Resources Board letter dated 1/17/96 3. Florida Utica Task Force letter dated 3/21/96 4. Excerpts from the Huntington Beach Municipal Code ` City Clerk's Page Number ✓ L. LMJ:REE:AAF:gdf l� 0018359.01 -3- 04/29196 5:04 PM ,Row Row 0 QN) S m q�� Q`P BOLSA AVE. NCO 0 m Mc FADDEN AVE. ZEDINGER w N N AVE. Y z U Q Q En in0 p prHEIL v a 0 c Q AVE. m �� z Q z i- c~i� a o 0 0 N Q 0 WARNER N `'' 0 0 AVE. 0 N.T.S. SLATER AVE. 405 tN TALBERT AVE. PACIFIC ELLIS AVE. GARFIELDJY I AVE. � o o V (n i� COS �c� Q AVE. 3 W ADAMS AVE. N a� D INDIANAPOLIS AVE. Y a o 0 z J PORK TOWN AVENUE ATLAUFO NTA¢ z = AVE. m Z) DELAWARE TO ENGLAND NORTH SIDE W z HAMILTON AVE. CC- 1017 OCEAN BANNING AVE. PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH A 122/96 DEPARTMENT OF PUBLIC WORKS G:\ACAD\CC1017\1017LOC.DWG ...' _ • /�l�C��eC��F�� 2 p�� v � ra c i. Historic Resources Board ,1AN 2 CITY OF HUNTINGTON BEACH HUNTINC TON BEACH Post Office Box 190 Huntington Beach, California 92648 January 17, 1996 Honorable Mayor Sullivan City Council Members Michael T. Uberuaga, City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Mayor Sullivan, City Council Members & Mr. Uberuaga: At the January 16, 1996 meeting of the Historic Resources Board, the board received comments from Ms. Diane Lemming, one of the five property owners of 2505 Delaware (at Yorktown), Mr. Frank Puccilh of 2402 Florida Street #1, and Barbara J. Kimbrough of 19361 Beach Blvd. All three speakers were addressing the issue of the widening of Yorktown. Ms. Lemming, speaking for herself(accompanied by her sister and mother) elaborated upon the long family history in the city and of the home. She indicated that her mother and sister remain living in the home. Ms. Lemming expressed hope that the structure could be preserved along with the family history. She indicated that should the city decide to purchase the property to widen Yorktown that the structure be relocated to Bartlett Park and become part of an historic park along with the Newland House. Mr. Puccilli and Ms. Barbara Kimbrough (members of the Florida/Utica Task Force) both urged the board to consider the immediate need to remove the structure in order to widen Yorktown. Both Mr. Puccilli and Ms. Kimbrough praised the board's efforts to preserve historic structures and both understood the feelings of the family involved. However, their concern this evening focused on the need to improve the safety at the intersection for both pedestrians and vehicles. With curbs, sidewalks, street and trafffic pattern improvements in the area,the safety for all residents and travelers would be greatly improved. Mr. Pucilli also expressed concerns that for emergency purposes, wider roads need to be available to move vehicles out of the area via Yorktown. And finally, the proposed improvements to this area would allow pedestrians to cross Yorktown on the east side of the intersection. The board explained their earlier position which was to recommend to Council that the structure remain in its present location and that Yorktown be realigned using the newer property on the other side of Yorktown thus saving the historic 2501 Delaware property. The board further explained to the owners and other area residents that the issue should be taken up with the Public Works Department because the only role of the Historic Resources Board is to identify historically significant structures in the city and to make recommendations to the city council whether or not they deserved preservation. The board reiterated that it has no additional authority in this matter. The board encouraged the family to come to an agreement about their issues and-to present a position to the city via their Public Works Department contact. The board concluded that it would take no fiuther action. For clarification, the board made the following motion: The Historic Resources Board, once again, recommends to Council that the 2501 Delaware property, a significant historical structure, remain on site, not subject to demolition or removal and the city should bend its precise street alignment around this house. The motion passed unanimously. Submitted by, Iviichae Mudd, Secretary cc: Ron Hagan Les Jones Robert Franz 0 P-vc kA t-Ar=t�k Thursday, March 21, 1996 Mr. Doug Kato Principal Engineer Huntington Beach Public Works Department P.O. Box 190 Huntington Beach, Ca 92648 Re: 2502 Delaware Dear Doug, At the January 10, 1996 meeting. at the Public Works Department, it was stated, that in the event no agreement was reached regarding the house at 2502 Delaware, recommended council action would be initiated by staff. On March 12, 1996 Florida Utica Task Force voted unanimously that Yorktown should be widened at Delaware. The Task Force feels-these are the reasons the house should be removed: 1. Safety for pedestrians and vehicles. 2. Total completion of the project is hindered unless.2502 Delaware is removed 3. Total investment goal and project completion will not be achieved At the March 13, 1996 meeting at Public Works you asked for a letter to request council .action on 2502 Delaware. As a Task Force we are behind the removal of the house to complete this project. We support staff in your recommended action. Sin r ely, r, Mike Uberuaga: City Administrator Ray Silver, Assistant City Administrator Les Jones, Director Public Works Robert Eichblatt, City Engineer Huntington Beach Municipal C 2.100.010-2.100.070 Chapter 2.100 OPERATING POLICY FOR BOARDS AND CQMIl HSSIONS (289"/87, 3124-12/91, 3250-10194,3256-11/94) Sections: 2.100.010 Establishment 2.100.020 Definitions 2.100.030 Budget 2.100.040 Staff 2.100.050 Staff liaison and residency 2.100.060 Service limitation 2.100.070 Employment limitation 2.100.080 Duration of terms. 2.100.085 Attendance 2.100.090 Open meetings 2.100.100 Rules 2.100.110 Applicability 2.100.010 Establishment. All advisory boards and commissions shall be established by ordinance. Committees may be established by resolution. The enabling document may establish the duration, manner of appointment,term of office, and powers.and duties. (2896-6/87; 3124-12/91) 2.100.020 Definitions. (a) Board-a body of members appointed pursuant to Huntington Beach Charter section 405 to serve in a continuing advisory capacity to the City Council, except for such Boards which have decision making authority pursuant to the particular establishing ordinance creating such Board; (3250-10/94) (b) Commission-a body of members appointed pursuant to Huntington Beach Charter section 405 which may have decision making authority in those activities delegated to there by the City Council; (c) Committee- a body of members appointed pursuant to Huntington Beach Charter section 405 on an ad hoc basis to advise the City Council on particular matters. (2896-6/87) 2.100.030 Budget. When deemed necessary,the City Council may cause to be set aside in the budget for each fiscal year an amount necessary for the functioning of such boards and commissions. (2896- 6/87) 2.100.040 Staff. The city shall assign a staff liaison to each board and-commission. (2896-6/87) 2.100.050 Staff liaison and residency. Unless otherwise specified, each board or commission is to be assigned one staff liaison specified by the City Council. All members of boards and commission shall be residents and electors of the City of Huntington Beach. (2896-6/87) 2.100.060 Service limitation. No person shall serve on more than one board or commission at any one time. No person shall serve more than two (2)consecutive terms on any one(1)board or commission. In the event a person is appointed to fill an unexpired term and more than two (2)years remains of the term,the appointment to it shall be considered a full term for purposes of the two (2) term limitation. (289"/87, 3255-11/94) 2.100.070 Emplovment limitation. No person serving on any board or commission shall hold any full or part-time paid office or employment in the Huntington Beach personnel system while so serving, unless otherwise specified. (2896-6/87) 11/94 2.100-080-2-100.110 untington Beach Municipal Code 2.100.080 Duration of terms. Members shall serve until their respective successors are appointed and qualified. The City Council shall have the power to fill any vacancies. Unless otherwise specified, terms of members of boards and commissions shall be four(4)years, staggered so that the majority of terms shall end in odd-numbered years following the election of four(4)council members and remainder of the terms shall end in odd-numbered years following the election of three(3) council members. (2896-6/87) 2.100.085 Attendance. Any person appointed to any city board, commission, or committee shall automatically vacate the office upon a fifth(5th)unexcused absence during a calendar year or upon more than three(3) consecutive absences at any time during the term of office. The appointing authority shall appoint a successor to fill the vacancy. (3124-12/91) 2.100.090 Open meetings. All meetings of boards and commissions shall be open to the public unless subject to the closed session exceptions contained in the Ralph M. Brown Act(Government Code section 54950). (289M/87) 2.100.100 Rules. Each board and commission may adopt such bylaws and rules,as maybe necessary or convenient for the conduct of its business, subject to approval of the City Council. (2896-6/87) 2.100.110 Applicability. This chapter shall apply to all boards and commissions,unless an ordinance enacted after the date of this section establishes different requirements;provided, however, the service limitation set forth in section 2.100.060 shall not apply to the Personnel Commission. (3124-12/91) 11/94 Huntington Beach Municipal t.__a 2.107.010-2.107.060(a) Chapter 2.107 HISTORIC RESOURCES BOARD (2895-5/87, 3083-12/90) Sections: 2.107.010 Establishment 2.107.020 Purposes 2.10.7.030 Attendance 2.107.040 Operating Policies 2.107.050 Secretary 2.107.060 Authority and Responsibilities 2.107.070 Meetings Quorum 2.107.080 Acceptance of gifts 2.107.090 Mayor Ex-officio member 2.107.100 Election of officers 2.107.010 Establishment. There is hereby established the Huntington Beach Historic Resources Board,to consist of not less than seven(7)nor more than eleven(11)members,to be appointed to serve terms of four years. (2895-5/87) 2.107.020 Purposes. The purposes of the board shall be to: (a) Act as an advisory body to the City Council on matters pertaining to historic issues and services. (3083-12/90) (b) Encourage and promote programs and activities that enhance public awareness of community historic resources. (3083-12/90) (c) Cooperate with other city agencies such as the Community Services.Commission and the Planning Commission,to insure that historic preservation and services.are considered in the planning for the future development of the community. (3083-12/90) (d) Act As.a liaison to Council for local, state, and federal groups and agencies whose interest involves historic issues. (3083-12/90) 2.107.030 Attendance. Regular attendance at meetings is required of all members to enable the board to discharge its duties. A member absent from three (3) consecutive meetings, without consent of the chairman, or from five (5)meetings in a twelve month period, shall be deemed to have resigned from the board, and immediate notification shall be given to the Mayor and City Council of such vacancy. (3083-12/90) 2.107.040 Operating policies. The board shall conform to the operating policy for boards and commissions as contained in the Huntington Beach Municipal Code. (3083-12/90) 2.107.050 Secretan% The Director of Community Services Department, or his designee, shall serve as secretary to.the board without the power to vote, and shall keep permanent minutes of the board meetings. Newly Revised Roberts' Rules of Order(current edition) shall govern the procedure of the meetings of the board unless inconsistent with other provisions of this chapter. (3083-12/90) 2.107.060 Authority and Responsibilities. The board shall act in an advisory capacity to the City Council in all matters pertaining to historic issues by: (3083-12/90) (a) Studying, interpreting and reporting to City Council on historic issues and activities appropriate to the City. (3083-12/90) 12/90 2.107.060(b)-2.107.100 Huntington Beach Municipal Code (b) Encouraging financial support from the community for historic programs and facilities. (3083-12/90) (c) Reviewing the annual budget as presented to City Council. (3083-12/90) (d) Performing other functions and cooperating with other civic organizations as required. (3083-12/90) (e) May request from city staff and outside sources,via the secretary,reports and recommendations for action consistent with the purposes and functions set forth in this and preceding sections. (3083-12/90) 2.107.070 Meetings -Quorum. The board shall meet at such time and place as it may fix by resolution. All meetings shall be open to the public and comply with all provisions. A majority of the board shall constitute a quorum for the transaction of business. (3083-12/90) 2.107.080 Acceptance of gifts. The board may recommend to the City Council the acceptance of all gifts, devises, legacies or bequests, either real or personal property from any source, public or private. Any acquisition to the board shall be administered through the Administrative Services Department of the city on authorization from this board. All acquisitions shall be consistent with the functions of the board as set forth in Section 2.107.060 above. Historic structures surveys, collection management policies and documentation on historic artifacts will be reviewed by the board as required. (3083-12/90) 2.107.090 Mavor Ex-officio member. The Mayor may be an ex-officio member of the board or may appoint a representative to act as an ex-officio member. (3083-12/90) 2.107.100 Election of officers. The board shall elect from its members a Chairman and Vice Chairman at the regular June meeting. Such officers shall serve for one year or until their successors are elected. The Chairman may only serve two consecutive terms. The Chair and Vice Chair may make and second motions and shall have a voice and vote in all proceedings. (3083-12/90) 12/90 i From EARLE ROBITAILLE PHONE No. 714 e47 4197 Apr.29 1996 :34AM P01 Date 04/29/96 9:33 AM_ ?_ FAX - NIJmbOr of Pogee li 01000ing 06WOr shoot 1 TO: FROM: EARI_F. W. ROBITAILLE Connie Brockway 6552 SABDICAS CIRCLE City calk. HUNTINGTON eEACI i LM CALIF. 92647 J � S E-MAIL EWR2@ACP.NET W y o Phone 714-847-4026 CS Fax Phone 714-847-4113 Phone Fax Phone 374-1557 CC. File IRPMARKS: ❑ Urgent For your review [] Reply ASAP l.] P/eas& Comment MESSAGE: Please regard this fax as a letter to City Council. I understand that there will be discussion at tonight's Council meeting regarding the final steps to widen Yorktown Ave between Lake & Beach, Nothing should be allowed to impede these much needed improvements. NOTICE: The information contained in this fax is intended only for the personal and confidential use of the addressee named above or their agent. If you have received this fax In error, please destroy it and notify the sender at the above phone/fax number. Any unauthorized copying, dissemination, or distribution is strictly prohibited.- Thank you. SECTION A , NOTICE INVITING SEALED BIDS 9 for the YORKTOWN AVENUE WIDENING CASH CONTRACT No. 884 (� / in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HERE BY GIVEN that the CITY OF F HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above-stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on October 19, 1995: Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $25.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. .The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's cueck, or bidder's bond made payable to the AGENCY for an amount"no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 21st day of August 1995. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 J CITY OF HUNTINGTO INTERDEPARTMENTAL COl HUNTINGTON BEACH TO: All Department Heads FROM: Connie Brockway City Clerk u � a DATE: SUBJECT: NEED FOR CITY CLERK'S OFFICE TO BE INFORMED AS TO WHETHER DEFERRED CITY COUNCIUREDEVELOPMENT AGENCY ITEMS WILL EVER RETURN TO COUNCIL As time permits, the City Clerk's Office will be copying RCA's that are in the City Clerk's Office Pending File to ask your department whether the item is to remain pending or whether the item will not return to the City Council/Redevelopment Agency. The following is a partial listing of the City Clerk's Office Pending File items: - 96 Please return this page if your department is involved. I am sending these inquiries to all ........ . departments as some items have more than one department involved. CB:cjg cc: City Council - Informational Only City Administrator- Informational Only cbmemos/97-038cg 05/20/96 - City Council/Redevelopment Agency Minutes - Page 27 (City Council) Widening Of Yorktown Avenue At Delaware Street - CC-1017 - Authorization For Staff To Explore With Homeowners The Relocation Of Home At 2502 Delaware Street - Approved (600.50) The City Council considered a communication from the Public Works Director informing Council that right-of-way acquisition for Phase II of the Yorktown Widening Project is nearing completion, and staff would like to finalize the design and is requesting a Council decision on the direction of the project relative to the home located at 2502 Delaware Street. City Engineer Eichblatt presented a photo slide report. He presented reasons for the Task Force recommendation. City Engineer Eichblatt reviewed the traffic conditions if the house were to remain which would be unacceptable. He spoke regarding a structural analysis which would be necessary for removal of the house. City Engineer Eichblatt and Les Jones, Public Works Director reported on discussions that can be held for report back to Council. Discussion was held regarding the impact of the site relative to the Historic Resources Board. A motion was made by Garofalo, second Green, to defer this item to July 1, 1996. A motion was made by Garofalo, second Green, to modify the motion to defer to staff to return at an appropriate time. Councilman Garofalo stated that he believed timeliness was necessary as it was to avoid a dangerous situation. Discussion was held. A motion was made by Garofalo, second Green, to defer the item for 60 days, authorize staff to explore with the homeowners at 2502 Delaware Street the relocation of the home to another location and return as an Administrative Item. If there is going to be a delay, some type of temporary solution be made for sidewalk conditions for safety. The motion carried by the following roll call vote: AYES: Bauer, Sullivan-, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Harman (City Council) Police Chief Report - Police Department Budget Resources And Amberleaf Circle Situation Councilman Garofalo inquired if the city is at any greater risk with a redeployment program than without and will there be any changes in the redeployment plan in the future. The Police Chief responded that in the short term he did not believe it would impact basic services but that it will impact the specialty assignments. He also reported on the canine unit at the request of Councilman Garofalo. 332 TO _ i),PGJ CITY OF HUNTINGTON BEACH MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: PW 96-026 Council/Agency Meeting Held: / \ Deferred/Continued to: 60&1� ( 'l JJ 6 19TT ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Si ature Council Meeting Date: May 20, 1996 Department ID Number: PW 96-026 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr � PREPARED BY: L S M. JONES II, Director of Public Works`_Ra SUBJECT: Widening Yorktown Avenue at Delaware Street, -1017 statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Envi on ntal Status,Attachment(s) Statement of Issue: Right-of-way acquisition for Phase II of the Yorktown Widening Project is nearing completion, and staff would like to finalize the design. Staff is, therefore, requesting a Council decision on the direction of the project. Funding Source: Measure 'M' Funds are available for this project. Recommended Action: Authorize staff to explore with the homeowners at 2502 Delaware Street, the relocation of the home to another location. Alternative Action(s): Deny the recommendation and select another alternative as given in the Analysis Section of this Request for Council Action. Analysis: Phase II of the Yorktown Avenue improvement project involves the widening of one block along the north side of Yorktown Avenue, between Delaware Street and England Street, and the demolition or relocation of the three homes. One home has been acquired and the second one is in escrow to be acquired. The only remaining home is at the northeast corner of Yorktown Avenue and Delaware Street, at 2502 Yorktown Avenue. Staff has received conflicting recommendations from two separate citizens groups regarding this home and property. The differences in the recommendations must be reconciled before the City can proceed with remaining street improvements. The Historic Resources Board has indicated that the home and its site both have a degree of historic significance. It has, therefore, been recommended that the home remain at its present site. The owners of the i 0018359.01 -2- 05/08/96 9:37 AM REQUEST FOR ACTION MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: PW 96-026 home apparently agree with this position. This alternative (alternative one) would result in curving the widened Yorktown Avenue to the south, thereby missing the home and requiring property acquisition along the south side. This abrupt double jog in Yorktown Avenue would create an unsafe driving condition and bring the roadway quite close to two relatively new condominiums on the south side. The Florida Utica Task Force recommends, however, keeping the street alignment straight, which would require removal of the home. Staff recommends alternative two, negotiating with the property owner to explore the possibility of relocating the home to a residential parcel in the nearby neighborhood. It would first, however, be necessary for staff to conduct a structural analysis of the home to determine whether it is even capable of being moved. A third alternative is to leave the home at its present location and construct a narrow three to four foot wide sidewalk between the home and the existing street. This would remove the pedestrians and bicyclists from the street but not necessarily protect them from passing . vehicles. This alternative would also create a jog for westbound traffic. The fourth and final alternative would be for City Council to declare that the home has no significant historic value and direct that acquisition, subsequent relocation assistance and demolition should proceed. This alternative would allow for the full widening of the street in its current alignment. The City Council has the authority to override the Historic Resources Board (HRB)'s recommendations for realigning the street and for the disposition of the home and property. Chapter 2.107, Historic Resources Board, Section 2.107.060, Authority and Responsibilities, Huntington Beach Municipal Code, states that board shall act in an advisory capacity to the City Council. The HRB does not have decision making authority. The home is not registered as a historic structure by the Office of Historic Preservation, Department of Parks and Recreation, State of California. However, the HRB has included the home on a list of historic structures (based upon its architecture and its history). The newer second floor addition, however, doesn't appear to be compatible. The HRB has never submitted the list to the City Council for approval. If the Council approves the recommended action, staff will pursue the most cost-effective relocation approach. , A final recommendation will be brought back to the Council for approval. Environmental Status: Council approved Negative Declaration Number 93-4 on August 21, 1995. Attachment(s): 0018359.01 -3- 05/08/96 9:51 AM REQUEST FOR ACTION MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: PW 96-026 List attachment(s) below. No. Description .............. . _. _. start Numbering�/ 1. Location Map S 2. Historic Resources Board letter dated 1/17/96 Z 3. Florida Utica Task Force letter dated 3/21/96 S 4. Excerpts from the Huntington Beach Municipal Code �a 5. Communication from Earle W. Robitaille Urging Completion of Street Improvements. LMJ:REE:AAF:gdf 0018359.01 4- 05/08/96 9:37 AM 5�a�. �- �-o - J►PW CITY OF HUNTINGTON BEACH MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: PW 96-026 Council/Agency Meeting Held: Deferred/Continued to: 60&1a L7 6 196 ) ❑ Approved ❑ Conditionally Approved -❑ Denied City Clerk's Si ature Council Meeting Date: May 20, 1996 Department ID Number: PW 96-026 CITY OF HUNTINGTON BEACH ot" 17t� REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr PREPARED BY: L S M. JONES II, Director of Public Works` a SUBJECT: Widening Yorktown Avenue at Delaware Street, -1017 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Envi 7ntal Status,Attachment(s) Statement of Issue: Right-of-way acquisition for Phase II of the Yorktown Widening Project is nearing completion, and staff would like to finalize the design. Staff is, therefore, requesting a Council decision on the direction of the project. Funding Source: Measure `M' Funds are available for this project. Recommended Action: Authorize staff to explore with the homeowners at 2502 Delaware Street, the relocation of the home to another location. Alternative Action(s): Deny the recommendation and select another alternative as given in the Analysis Section of this Request for Council Action. Analysis: Phase II of the Yorktown Avenue improvement project involves the widening of one block along the north side of Yorktown Avenue, between Delaware Street and England Street; and the demolition or relocation of the three homes. One home has been acquired and the second one is in escrow to be acquired. The only remaining home is at the northeast corner of Yorktown Avenue and Delaware Street, at 2502 Yorktown Avenue. Staff has received conflicting recommendations from two separate citizens groups regarding this home and property. The differences in the recommendations must be reconciled before the City can proceed with remaining street improvements. The Historic Resources Board has indicated that the home and its site both have a degree of historic significance. It has, therefore, been recommended that the home remain at its present site. The owners of the 1 0018359.01 -2- 05/08/96 9:37 AM REQUEST FOR ACTION MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: PW 96-026 home apparently agree with this position. This alternative (alternative one) would result in curving the widened Yorktown Avenue to the south, thereby missing the home and requiring property acquisition along the south side. This abrupt double jog in Yorktown Avenue would create an unsafe driving condition and bring the roadway quite close to two relatively new condominiums on the south side. The Florida Utica Task Force recommends, however, keeping the street alignment straight, which would require removal of the home. Staff recommends alternative two, negotiating with the property owner to explore the possibility of relocating the home to a residential parcel in the nearby neighborhood. It would first, however, be necessary for staff to conduct a structural analysis of the home to determine whether it is even capable of being moved. A third alternative is to leave the home at its present location and construct a narrow three to four foot wide sidewalk between the home and the existing street. This would remove the pedestrians and bicyclists from the street but not necessarily protect them from passing vehicles. This alternative would also create a jog for westbound traffic. The fourth and final alternative would be for City Council to declare that the home has no significant historic value and direct that acquisition, subsequent relocation assistance and demolition should proceed. This alternative would allow for the full widening of the street in its current alignment. The City Council has the authority to override the Historic Resources Board. (HRB)'s recommendations for realigning the street and for the disposition of the home and property. Chapter 2.107, Historic Resources Board, Section 2.107.060, Authority and Responsibilities, Huntington Beach Municipal Code, states that board shall act in an advisory capacity to the City Council. The HRB does not have decision making authority. The home is not registered as a historic structure by the Office of Historic Preservation, Department of Parks and Recreation, State of California. However, the HRB has included the home on a list of historic structures (based upon its architecture and its history). The newer second floor addition, however, doesn't appear to be compatible. The HRB has never submitted the list to the City Council for approval. If the Council approves the recommended action, staff will pursue the most cost-effective relocation approach. A final recommendation will be brought back to the Council for approval. Environmental Status: Council approved Negative Declaration Number 93-4 on August 21, 1995. Attachment(s): 0018359.01 -3- 05/08/96 9:51 AM REQUEST FOR ACTION MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: PW 96-026 List attachment(s) below. City Clerk's • - Num,ber, No. Description Start Numbering y 1. Location Map S 2. Historic Resources Board letter dated 1/17/96 7 3. Florida Utica Task Force letter dated 3/21/96 g> 4. Excerpts from the Huntington Beach Municipal Code Ia 5. Communication from Earle W. Robitaille Urging Completion of Street Improvements. LMJ:REE:AAF:gdf 0018359.01 4- 05/08/96 9:37 AM