HomeMy WebLinkAboutDissolution of the Ad Hoc Historic Wintersburg Committee APPRov�� 5 -
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City of Huntington Beach
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File #: 19-530 MEETING DATE: 5/6/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Ursula Luna-Reynosa, Director of Community Development
Subject:
Dissolution of the Ad Hoc Historic Wintersburg Committee
Statement of Issue:
In 2012, the City Council created the Ad Hoc Historic Wintersburg Committee (Wintersburg
Committee). The goals of the Wintersburg Committee were to work with interested individuals to
collect funds to preserve and relocate buildings that were designated to be demolished on Nichols
Lane at Warner Avenue. The Wintersburg Committee met from 2012 until roughly September 2017
when the Wintersburg Committee was de facto dissolved by virtue of time, change in composition,
and goals. In order to avoid any further confusion as to status of this group, this Council Action
formally dissolves the Ad Hoc Committee until further authorized by City Council.
Financial Impact:
There is no fiscal impact.
Recommended Action:
Dissolve the Ad Hoc Historic Wintersburg Committee.
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
The Wintersburg property is owned by Republic Services and is located at the southeast corner of Warner
Avenue and Nichols Lane. The five-acre property was sold to Republic Services (at the time Rainbow) by the
Furuta Family in 2004. At the July 16, 2012, City Council Meeting, Council Member Boardman brought an
agenda item that "requested that staff include an analysis of relocation of historic buildings designated to be
demolished on Nichols Street at Warner Avenue as part of the Focused Environmental Impact (FEIR) for this
project." At this meeting a discussion ensued at the dais about Council's ability to create an ad hoc committee
to raise funds for preservation and relocation.
City Council approved creation of an ad hoc Historic Wintersburg Committee including three Council
Members (Shaw, Harper, and Boardman) for the specific purpose of raising funds to preserve and relocate the
City of Huntington Beach Page 1 of 2 Printed on 5/1/2019
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File #: 19-530 MEETING DATE: 5/6/2019
buildings on the property that were designated to be demolished. It appears the intent of Council was that the
Wintersburg Committee would remain active for 18 months. During this time, the Wintersburg Committee
could try to raise funds to either 1) buy the property should the property owner agree, or 2) move the structures
to a new location.
The City created a Donations Historic Wintersburg Fund (the "Fund") to receive donations for the purpose of
the Wintersburg Committee. The Fund was closed by the City on September 30, 2015.
A variation of the group continued to meet as a "Community Group" (see City web site attached hereto) with
citizen members (not appointed by the City Council.) The last noticed meeting of the citizen group occurred in
October of 2017.
In 2017, the Wintersburg Committee was de facto dissolved and became an independent group of citizens.
Under the current faun, this group of citizens is not a City created organization. Staff is recommending that the
City Council formally dissolve the Ad Hoc Committee.
Environmental Status:
The action by the City Council to dissolve the Ad Hoc Committee is not a project pursuant to Section
15378 of the CEQA Guidelines.
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Text from City webpage
City of Huntington Beach Page 2 of 2 Printed on 5/1/2019
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Attachment 2—Text from previous City webpage
The Historic Wintersburg Preservation Task Force is a "Community Group" with "Citizen
Members not appointed by the City Council" and dedicated to pursuing the historic
preservation alternatives for the Historic Wintersburg property (Warner-Nichols) which
includes the Furuta goldfish and flower farm and Wintersburg Japanese Mission. The City
Council members serving as liaisons to the community group in 2019 are Council Member Jill
Hardy and Council Member Kim Carr,
https://www.huntingtonbeachca.gov/files/users/city clerk/2019 Council Liaison List .pdf
The property and its six structures are designated in the City of Huntington Beach General Plan
as eligible for the National Register of Historic Places. Historic Wintersburg was named one of
America's 11 Most Endangered Historic Places in 2014, designated a National Treasure in 2015
by the National Trust for Historic Preservation, Washington, D.C., and in 2017 named as one of
Orange County's Most Endangered Historic Places,
https://www.preserveorangecounty.org/endangered-places/2017/9/21/historic-wntersburg
The Historic Wintersburg property is located at the southeast corner of Warner (once
Wintersburg) Avenue and Nichols Lane. The five-acre property includes the 1912 home of
Charles Mitsuji and Yukiko Furuta, as well as the Furuta barn (circa 1908-1912); the
Wintersburg Japanese Mission (1909-1910); the Manse (clergy member home, 1910); and the
Wintersburg Japanese Church (1934).
This property is a rare, extant Japanese American pioneer settlement and is the sole remaining
parcel in Huntington Beach owned by a Japanese immigrant family prior to the California Alien
Land Law of 1913 (overturned in 1956). The U.S. National Park Service and the National Trust
for Historic Preservation also have noted the property as eligible for the National Register of
Historic Places.
The Historic Wintersburg structures were proposed for demolition by the previous property
owner, Rainbow Environmental Services, aka Rainbow Disposal, and remain endangered. In
2013, the City Council and the then-property owner, Rainbow Environmental Services, agreed
to provide an 18-month window to allow the Historic Wintersburg Preservation Task Force time
to raise funds to either 1) buy the property should the property owner agree, or 2) move the
structures to a new location. After the certification by the Huntington Beach City Council in
November 2013 of the Environmental Impact Report (EIR) regarding the rezoning and
demolition of all six structures, the Ocean View School District filed a lawsuit which, among
other restrictions, blocked any actions on the Historic Wintersburg property. Republic Services
purchased Rainbow Disposal and its properties in late 2014, which presented new
circumstances.
The settlement of the three-year litigation by the Ocean View School District with the new
owner, Republic Services, includes permanent restrictions on development of the Historic
Wintersburg property, as well as provisos regarding the sale of the property. Settlement of this
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Attachment 2—Text from previous City webpage
litigation allowed negotiations to acquire and preserve the property to restart in early 2017.
The Ocean View School District has stated they support full preservation as a heritage park.
Republic Services has indicated they plan no development and are open to the purchase of the
property for historic preservation purposes.
Any changes to the Historic Wintersburg property, including demolition of or relocation of the
historic structures, will trigger a review by the California Environmental Quality Act (CEQA).
The Historic Wintersburg Preservation Task Force is partnered with two national organizations,
the National Trust for Historic Preservation and the Trust for Public Land, and its preservation
also is supported by organizations such as the Japanese American National Museum and
Japanese American Citizens League. As of 2019, the ongoing discussions with Republic Services
are to purchase the property for preservation as a historic site and community public park.
LEARN MORE about Historic Wintersburg and its preservation project at the Facebook page
LEARN MORE More information regarding the history and the chronology of the preservation
effort can be found on the Wikipedia page for Historic Wintersburg and on the web page for
Historic Wintersburg with the National Trust for Historic Preservation,
https://savingplaces.org/places/historic-wintersburg#.XHW6mbh7mM9
City staff liaison: Ricky Ramos, rramos@surfcity-hb.org
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HISTORIC WINTERSBURG
Mayor Erik Peterson
City Council Members
City of Huntington Beach
RE: Item 19-530: Dissolution of the Ad Hoc Historic Wintersburg Committee
On behalf of the volunteers who have dedicated time and expertise to the historic preservation efforts
and community education and outreach regarding Historic Wintersburg,we thank the City Council for
the original support in 2012 which created the committee.
There is no objection to the dissolution of the City task force,as the original circumstances which led to
the creation of the task force changed. We continue with our local and national partners.
As a historical effort,we believe it is important to comment on the staff report of April 23,2019, as well
as recent communications to the City Council and correct the public record.
First, it should be noted that this property was known by State and local government as being
historically significant decades before the task force was formed.
1983
The Historic Wintersburg property was first noted as historically important through a cultural resources
survey report conducted for Caltrans by Scientific Resource Surveys, Inc.,for the potential widening and
reconstruction of Warner Avenue.The determination was that at that time,three properties were
considered eligible for the National Register of Historic Places, including the Furuta farm and
Wintersburg Japanese Mission(Historic Wintersburg).The report noted, "The Furuta house may be the
only remaining Japanese residential structure in Orange County which predates the passage of the Alien
Land Act of 1913."
No previous historic property surveys have been completed for the Winters-
burg-Ocean View areas in the City of Huntington Beach. Further, there is a
consistent lack of published material relating to the origins and local
history of Wintersburg-Ocean View. Therefore, research was directed to-
ward a synthesis of information gleaned from:
1. Maps
2. Church documents
3. Oral informants
4. Secondary sources dealing with Agriculture and Japanese immigrants
in Orange County ca. 1900
5. Field survey
POTENTIAL NATIONAL REGISTER PROPERTIES (Sites within the APEI)
The SRS survey documented the existence of•three (3) properties within the
APEI which exhibit potential for inclusion:in The National Register of
Historic Places. Following a section regarding historical background, a
request for determination of eligibility has been completed for each property
and is attached. Information pertinent to each property has been included
in this section. SUPPLEMENTAL
COMMUNICATION
Meeting Date:_
Agenda Item No.; 15( //- 530)
1986
Historic Building Survey:The Orange County Japanese American Council,with the Bowers Museum,
conducted a countywide survey and included the Furuta farm and Wintersburg Japanese Mission
structures on their"Historic Building Survey" of the remaining, significant historic structures
representing Japanese American history in Orange County.The City of Huntington Beach had this survey
in the City archives when the property was evaluated for rezoning and demolition in the 21st Century.
Local Historic Landmark:Also in 1986,the Furuta farm and Wintersburg Japanese Mission structures
were designated as a "Local Historic Landmark" and included as such in the City of Huntington Beach
General Plan.
2012
The July 16, 2012 City Council minutes reflect the unanimous vote to form an ad hoc committee
A motion was made by Boardman second Hansen to form an ad hoc committee that includes
three Counclime?tbers Shaw, Harper and Boardman) and interested indivsdu3ls to partictpate
in the study of preserving and relocatirxg the Ivstoncat buildings designated to be demolished on
Nichols Street at Warner Avenue. The motion carved by the following roll:all vote
AYES: Shaw. Harper. Dwyer, Hansen, Carciio, Bohr_ and Boardan
NOES, `lore
While the original expectation was for 18 months,the life of the task force was extended due to
multiple postponements regarding Planning Commission and City Council public hearings regarding the
draft Environmental Impact Report (EIR) by the owner of the property, Rainbow Environmental Services,
and, later, due to the unexpected change in ownership of the property. These extensions and the
continued work of the task force were conducted with the full knowledge and regular briefings of City
Council liaisons. Task force volunteers prepared agendas and minutes,to minimize impacts to City staff.
As part of the original mission, sixteen (16) potential sites in Huntington Beach and ten (10) potential
sites outside Huntington Beach were evaluated during public meetings of the task force for potential
relocation of the structures.
The task force was a co-exhibitor with the Smithsonian Institution twice at Heritage Museum of Orange
County,featured multiple times at the Japanese American National Museum, and has achieved national
and international recognition and interest in Huntington Beach and Orange County history.
2013
National Park Service inspection:The task force engaged the National Park Service to inspect the
Historic Wintersburg property. The NPS determined in writing that the Historic Wintersburg property
was potentially eligible for the National Register of Historic Places under"Criterion A,Japanese
American Settlement of the American West".
EIR certification/litigation: After the City Council's certification of the draft EIR in November 2013,
litigation was filed by the Ocean View School District which legally halted action on the Historic
Wintersburg property, including demolition, relocation of structures, or grading until 2016.
2
2014
New owner: Prior to the settlement of litigation in November 2016, Republic Services purchased
Rainbow Environmental in October 2014, including all facilities and properties, and including the Historic
Wintersburg property.
America's 11 Most Endangered Historic Places : Also in 2014, Historic Wintersburg was nationally
recognized as one of"America's 11 Most Endangered Historic Places" by the National Trust for Historic
Preservation, along with Frank Lloyd Wright's Spring House (Florida),the Palisades (New Jersey),
Mokuaikua Church (Hawaii) and the Cincinnati Music Hall (Ohio),
https://savingplaces.org/collections/11-most-endangered-2014#.XM9Vw6R7mM8 A press conference
was held at Huntington Beach City Hall in the City Council chambers.
2015
Historic designation:The City of Huntington Beach City Council formally included the Historic and
Cultural Resources update to the City's General Plan,which formally determined all six structures at
Historic Wintersburg as "3S" California Historical Resource Status Code, "appears eligible for National
Register as an individual property through survey evaluation" under the Context and Criterion A,
"Wintersburg/Cultural History".The National Register Criterion A determines a property makes "a
contribution to the major pattern of American history" (National Park Service).
The "Criterion A" designation automatically placed the Historic Wintersburg property on the California
Register of Historical Resources. Contrary to recent communications to the City Council,there was no
application "without the Property Owners knowledge". Properties that are formally determined eligible
for the National Register of Historic Places are automatically listed on the California Register of Historical
Resources, per State law.
PBS program:The PBS program, "Our American Family:The Furutas"—for which the task force provided
historical and technical assistance—was premiered at the Japanese American National Museum,then
nationwide on PBS stations.
Urban Land Institute technical advisory: In June 2015,the task force raised $35,000 to fund a third-
party technical analysis by the Urban Land Institute, involving the property owner(by then, Republic
Services), community members, and City Council members.
Task force fund: City manager Fred Wilson sent a message to the task force in July 2015, "This is to
advise you that during a recent City audit, concerns were raised regarding donation accounts the City
holds for external entities. "
A copy of the audit report with this recommendation was requested from staff and later formally
requested under the California Public Records Act (CPRA)to bring the audit recommendation to the task
force for discussion and explain/document the need for an outside account.
The task force did not receive a response to the CPRA until August 2016: "Following a reasonable effort
to search for and locate responsive records, the City was unable to find any. Verbal concerns were raised
regarding the donation account and nothing was reduced to a writing or record." (Dan Ohl,August 9,
2016), and "It is clear to me that what we sent did not relate to the subject of your request, and I also
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spoke with Dan Oh!who indicated that he sent you a communication stating that the City had no
physical records to provide. Since I have no knowledge of who at the City was involved in closing City
donation accounts, all 1 can do is reach out to internal parties requesting that they contact you directly to
discuss the circumstances that led to this course of action." (Robin Estanislau,August 9, 2016)
No written audit recommendation or reason was provided; it appears there was no formal audit
recommendation. The task force continued to meet,with the full knowledge of City Council liaisons.
National Treasure: Historic Wintersburg was designated a National Treasure by the National Trust for
Historic Preservation. It is Orange County's first and only National Treasure, and there are less than 100
National Treasures in the United States. https://savingplaces.org/places/historic-wintersburg#.XM-
C96R7mM9
2016
Litigation settled: The settlement agreement in late 2016 between the Ocean View School District and
Republic Services/Rainbow, presented additional new circumstances with new and significant
restrictions on the property as relates to potential development. The settlement of litigation allowed
further discussions to proceed regarding the purchase of the property.
2017
Willingness to sell:The task force was informed in early 2017 by Dave Hauser, VP of Republic Services,
that Republic willingly would consider selling the property for preservation. The task force engaged
another national partnership—in addition to the National Trust for Historic Preservation—with the Trust
for Public Land,to negotiate and fund the purchase of the Historic Wintersburg property for
preservation as a public heritage park.
Five-year update:The task force provided a joint presentation with the Trust for Public Land at the
regular meeting of the Huntington Beach City Council in July 2017 and answered questions regarding the
process for purchase negotiations,funding and preservation planning.
The task force respected the City's directive that no City funds be used for the purchase;a national
funding partner was engaged. To clear up misinformation,the task force does not hold these funds,as
that is not how the funding works.
2018
Meeting with mayor:The task force,City Council liaisons and National Trust for Historic Preservation
met with then Mayor Mike Posey. He directed no City resources be used for the task force.The task
force respected the directive and continued its efforts regarding property negotiations, special events
and community education via sub committees.
Special meeting of Historic Resources Board: In February 2018, a noticed public meeting was held by
the City's Historic Resources Board providing an update and discussion on Historic Wintersburg. The HRB
voted to send a letter to the City Council asking for its support for its preservation.
Negotiations with Republic Services: Rick Normand,VP of Republic Services(replacing Dave Hauser),
informed the task force they would willingly consider selling the property for preservation at meetings
4
held with the National Trust for Historic Preservation,Trust for Public Land and Ocean View School
District(OVSD),which has first right of refusal and has permanent restrictions on the property.
2019
There have been further discussions with Republic Services regarding the negotiations and purchase of
the Historic Wintersburg property, led by national partners. The task force and the National Trust for
Historic Preservation have offered expert assistance to Republic Services to provide property clean up
and temporary stabilization of the historic structures—at no cost to Republic—while property
negotiations continue.
Going forward, it is important to note the Historic Wintersburg property and its six structures were
determined by national and state agencies—as well as the City of Huntington Beach—as eligible for the
National Register of Historic Places.The listing on the California Register of Historical Resources means
that any proposal for the property or its structures requires environmental review for cultural resources
under the California Environmental Quality Act(CEQA).
Regards,
Mary Adams Urashima
Historic Wintersburg
5
d/75
Work Order: #157416 05 05e019 Closed:
This issue is assigned Est. Resolution Date: Not Yet Set
By Casandra Baeza
Agenda & Public Hearing Comments Email : ckrb2019@gmx.com
Phone .
SUB TYPE
Device .
City Council Meeting
STREET ADDRESS
Media Submitted
None
COMMENTS&ADDITIONAL NOTES
Abandoned church on Nichols and Warner,I am with a non profit organization called Red Alert
Global Task Force,we aid in special needs search and rescue.We,and along with anybody else
who would like to volunteer or donate their time or supplies needed would like to restore the
church as a historical landmark,but in addition with all the property to keep and fix what is
fixable but also add and build a place thats an all in one help location station.were people in
need can go to fix their problems that lead them to homelessness,drug use,committing
crimes,broken families,hunger.We have the time and can relate to several of these issuses
and know its a big problem out there please let us help and give us a chance to use that
property to do so.thank you respectfully,Casandra
Notes Added By staff:05/06/2019 1:28 PM Robin Estanislau
Your comment has been received and will be included in the record for Item No.15 on the May 6,2019
Huntington Beach City Council Agenda.
Share with Citizen:YES
Status Changed:05/06/2019 7:43 AM Johanna Dombo
Work Order#157416 status has changed from new to assigned. SUPPLEMENTAL
Share with Citizen:YES COMMUNICATION
Issue Type/SubtypeMeeting Date: 0•/6
Changed:05/06/2019 7:43 AM Johanna Dombo
Agenda item No.; 15i'1 t - 530)
Workorder#157416 Issue type changed from Contact an Executive to Agenda&Public Hearing
Comments and subtype City Council Meeting.
Share with Citizen:NO
Estanislau, Robin
From: Chris Epting <chris@chrisepting.com>
Sent: Wednesday, May 01, 2019 9:19 AM
To: Esparza, Patty
Cc: Estanislau, Robin
Subject: Re: supplementary communications for this evening's council meeting
Thank you!
On Wed, May 1, 2019 at 9:14 AM Esparza, Patty<PEsparza@surfcity-hb.org>wrote:
Hi Chris:
Below is the general email address to reach all the councilmembers:
Citv.council@surfcitv-hb.org
Patty Esparza, C MC
Assistant City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach,CA 92648
(714) 536-5260
From: Estanislau, Robin<Robin.Estanislau@surfcity-hb.org>
Sent: Wednesday, May 01, 2019 1:03 AM
To: Esparza, Patty<PEsparza@surfcity-hb.org>
Subject: Fwd: supplementary communications for this evening's council meeting
Please provide ... thanks!
Sent from my iPad
SUPPLEMENTAL
COMMUNICATION
Begin forwarded message:
Meeting late: $• %• /9
From: Chris Epting<chris@chrisepting.com>
Date: April 30, 2019 at 5:02:58 PM GMT+2 A /5 f/' _530)
Agenda Clem No.;
1
To: "Estanislau, Robin" <Robin.Estanislau@surfcity-hb.org>
Subject: Re: supplementary communications for this evening's council meeting
Hey there Robin! What's the general email address that will reach all council members at once?
' Thanks!
1 On Mon, Apr 1, 2019 at 11:13 AM Chris Epting <chris@chrisepting.com>wrote:
Thank you! I wasn't sure if it might come into play with the Republic item
On Mon, Apr 1, 2019 at 11:08 AM Estanislau, Robin<Robin.Estanislau@surfcity-hb.org>
wrote:
Good morning, Chris.
I am happy to share your communication with the City Council; however, Wintersburg is not
scheduled for discussion on tonight's agenda so this email will technically not be considered a
•
supplemental communication.
Robin Estanislau, CMC, City Clerk
11 City of Huntington Beach
I
( 714-536-5405
Please consider the HB City Clerk's office for your passport needs!
From:Chris Epting<chris@chriseptinu.com>
Sent: Monday,April 01,2019 7:12 AM
To: Estanislau, Robin<Robin.EstanislauPsurfcity-hb.org>
Subject:supplementary communications for this evening's council meeting
3 I
Re: Wintersburg
it
1
2
Members of city council:
IFirst,thank you for removing all mention of the Historic Wintersburg Task Force from the
city's web site. As many in the city had become aware,the task force in its approx. 7 years
had achieved none of its goals, had not had a meeting in more than one and half years, and
perhaps most importantly was helmed by someone whose attacks on citizens for disagreeing
with her, general lack of transparency, and consistently unprofessional behavior clearly made
her unfit for any city post. I recently filed a formal complaint with council against this person,
task force chair Mary Urashima, and I would like to know if there will be a formal
announcement of the disintegration of the task force and perhaps even a public admonishment
of Ms. Urashima for the behavior of hers cited previously, which clearly seemed to violate the
• city code of ethics/conduct for all task force members. I would also like to know if the
apparent disintegration of the task force required a vote of the council and if, so, what the
pp �'
1 vote was.
Respectfully,
Chris Epting
•
Be sure to watch me each week on the new REELZ Channel's series, "It Happened Here." Visit
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•
Be sure to watch me each week on the new REELZ Channel's series, "It Happened Here." Visit
• www.reelz.com to find your local station and airdates: •
Be sure to watch me each week on the new REELZ Channel's series, "It Happened Here." Visit www.reelz.com
to find your local station and airdates.
3