HomeMy WebLinkAboutMaterials received after packet distributionMaterial(s) received after the Planning
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SCANNED
Varin, Ginger
From: Campbell, James
Sent: Thursday, February 07, 2008 1:30 PM
To: Varin, Ginger
Subject: Fw: Planning Commission hearing comments and response to email from Mr. Luehrs
For tonight.
James Campbell,
Senior Planner
- - - -- Original Message - - - --
From: Nancy Knight <nmknight @sbcglobal.net>
To: Erik Thurnher <erik @physician- advisors.com>; jeff.cole @cushwake.com
<jeff.cole @cushwake.com>; eaton727 @earthlink.net <eaton727 @earthlink.net >;
rhawkins @earthlink.net <rhawkins @earthlink.net >; bhillgren @cox.net <bhillgren @cox.net >;
scott.peotter @taxfighter.com <scott.peotter @taxfighter.com>; strataland @earthlink.net
<strataland @earthlink.net>
Cc: Lepo, David; Campbell, James; Rosansky, Steven; Selich, Edward; 'Michele Staples'
<MStaples @jdtplaw.com >; Harp, Aaron
Sent: Thu Feb 07 13:18:17 2008
Subject: Re: Planning Commission hearing comments and response to email from Mr. Luehrs
Erik, as usual, you did an excellent job with this letter. Villa Balboa residents are
certainly lucky to have you as a neighbor! Nancy
Erik Thurnher <erik @physician - advisors.com> wrote:
Dear Mr. Hawkins,
We want to thank you and each of the other Planning Commissioners for taking the
time last week to listen to so many residents of Villa Balboa and Newport Crest on the
various issues surrounding Hoag's proposed entitlement transfer from the lower campus to
the upper campus. Ultimately, the open flow of information benefits all parties,
including Hoag, and We think it is a credit to the Planning Commission that you patiently
gave every the citizen the opportunity to say their piece even though this meant the
meeting did not conclude until the late hours of the evening. We think the Commissioners
are to be commended for encouraging openness and communication, not criticized.
We would also like to take a moment to respond to the comments made by Mr. Luehrs in
his recent email to the Planning Commission:
1.) When Mr. Luehrs states that the cogeneration plant is an existing, approved
facility and therefore should not be open to discussion, he misses several important
points.
First, the plant is out of the compliance with the current Development Agreement
noise regulations, limiting noise at the property line from mechanical operations to 55
dBA. This was the clear conclusion reached by EQAC, and it was also the stated position
of the Planning Department at the meeting with Hoag and the City on January 18th, and on
other occasions. Since the current application by Hoag includes removing the current
noise limit, the plant is certainly part of that application, and therefore is open to
discussion.
Second, while the plant was approved, it is widely recognized that the permitting
process did not meet several critical requirements of the Development Agreement. The fact
that Hoag did not disclose the plumes or noise levels to the Planning Department and
Coastal Commission during the permitting process had far reaching consequences. (We would
encourage members of the Planning Commission to review the "Advertisement for Bids" we
recently provided to Assistant Attorney, Aaron Harp, which shows that the original design
of the cogeneration plant did include plume abatement equipment. Sadly, Hoag chose to
delete the equipment during construction of the plant.) Most importantly, there was no
supplemental environmental impact report prepared even though such documentation is
required by the Development Agreement when a new impact exists that was not addressed in
the original EIR. Since the cooling tower, steam, and exhaust plumes were not considered,
or even anticipated, in the original EIR, supplemental documentation should have been
prepared. Further, the View Impact Analysis required by the Development Agreement did not
include modeling of any of the three plumes. Lastly, the City Council, which was required
by the Development Agreement to monitor view impacts each year, and to hold public
1
'hearings on this subject, was not at that time discharging this duty. It is clear from
our conversations with City personnel that, if the Planning Department, Coastal
Commission, City Council, and the public had known about the impacts that would be caused
by the plant's operation, mitigation measures would certainly have been required.
Also, Mr. Luehrs suggests that video of the plume exaggerates its impact. While no
one is suggesting that the plume is always as dense as is shown in the video, there are
hundreds of residents, who can attest to how severe it can be, particularly during the
early morning and evening hours. We deeply regret Mr. Luehrs' attempt to discredit the
severity of the plume and our presentation. We will have video of the plume available at
tonight's hearing for anyone who wishes to examine it. We have also attached two brief
clips to this email.
2.) While we won't attempt to comment on the logic of Mr. Luehrs arguments
regarding noise mitigation and property values, we would point out that not a single
resident at the Commission hearing raised the issue of the value of their property. Noise
is first and foremost a quality of life issue, and the residents are simply asking that a
full range of mitigation measures be considered, including those in the PC text and
Development Agreement. Since Hoag is now asking to remove noise limits that have been in
place for almost 15 years, this request hardly seems unreasonable. (Extending Mr.
Luehrs' logic to the construction of the cogeneration plant would suggest that it should
not have been built because the Villa Balboa condominiums were constructed first.)
3.) In reference to remarks made by residents, Mr. Luehrs said that he was
surprised by "all the negativity." First, we would point out that, almost without
exception, the residents who spoke prefaced their comments by acknowledging the benefits
that Hoag brings to our community. Many related stories of their own personal connection
to the hospital, and these were uniformly positive. Second, perhaps Mr. Luehrs should
consider that the possibility that his "surprise" is more the result of his lack of
experience with what life is like living next to the cogeneration plant, or to the loading
dock, rather than to some flaw in the residents. The hospital is somewhat unusual for
Newport Beach in that it is a "24/7/365" operation. It is has undergone tremendous growth
in the last twenty years, something the residents strongly support. Accordingly,
residents accept that some impacts are unavoidable. We only ask that, as is required in
the Development Agreement and PC Text, and by good neighborliness, those impacts be
mitigated as much as possible.
Lastly, some background is in order regarding the organized discussions that having
been going on between Hoag and its neighbors for almost two years. When those discussions
began, our Committee told Hoag that our aim was to achieve a "Win - Win" outcome. If Hoag
would help restore the quality of life of nearby residents and of those who use and enjoy
Sunset View Park, then we would "go to bat" for them with respect to shifting square
footage from the lower to upper campus. As a sign of our good faith, we promised not to
go to the press, or to retain counsel while discussions were underway. We were pleased
when Hoag hired Government Solutions to interface with us, as the quality and quantity of
contact increased, and we were able to make progress on certain issues, such as
landscaping. However, the most difficult problems, including the cogeneration plant,
remained unresolved.
Then, in late Summer, Hoag abruptly ended regular communication with us. The
meetings that had been occurring on almost a monthly basis were halted, and Hoag stopped
responding to our correspondence. We were particularly surprised that Dr. Afable did not
did not respond to our letter thanking him for the progress made to date, and expressing
our hope that Hoag would continue to work with us toward resolution of the remaining
issues (see attached). When we approached Carol McDermott at Government Solutions, she
said that she was no longer authorized to speak with us and that if we had concerns with
this change, we should put them in writing.
In any case, it is important to understand that the current situation was preceded
by a prolonged effort by residents to engage Hoag in a neighborly discussion of some of
the impacts its operations were having on those living nearby. With those efforts having
largely failed to bear fruit, we now look forward to the participation of the Planning
Commission and the City Council in the process. With their involvement, we are hopeful
that a resolution can soon be reached which includes both Hoag achieving the entitlement
transfer it is seeking, as well as the restoration of the quality of life for those who
live near the hospital or who use and enjoy Sunset View Park. This would represent the
"Win - Win" outcome we were hoping for when our Committee first approached Hoag almost two
years ago.
Sincerely,
Erik W. Thurnher, MD Richard Runyon
Co- Chairman Co- Chairman
2
'• 'Villa Balboa -Hoag Liaison Committee
�CANNED
September 10, 2007
Rk aadAWkMD,WH
President & CEO
HOMB Hospital
OnsHosgDdve
POHc,c6100
Newport Beach, CA 92658-6100
Dear Dr. ABble,
It has now been almost sic months since our committee met with you and selected
members of your staffon April 4, 2007. In the isI i 1, time have been many
developments related to the issues discussed at that meeting. Als% witb the
meeting scheduled for Se:pterabw 24* between as common and various Hoag
gym, we are approaching an ispOrps*Juncdare W our relationship. For these
rasook We thongbtthis would be a good time to tondtbase with you agar, and to shoe
ourthdxgMs.
First, we would Mm to thank Hoag for steps that have been Woes in addressing a number
of concerns of Villa Balbos residents. This includes the removal of certain trees on the
lower carpus, whicdt has restored views frm the SameatView Part and Willa Balboa,
and brougbt lower campus landscaping into compliance with the Planned Community
Development Criteria on this madtex.
We were also pleased to we the odnganeration Plant bang painted, as an interim step,
print to the promised landscaping wbM we bave been assured will be put in plan along
Pacific Cast i igbwmy and along the eastern side ofthe oogaamlum plmt (m the form
of a vino - severed lattice wofk). These will be Welcome improvements to the
appearance ofthe plant structure. lastly, we Welcome HOWIF Off0s to limit Ho,B
employees fiem using oar property sod the Sua nt View Park fior smoldrtg All ofthese
sup pa are appreciated by our residents and by those wbo visit the Sunset View Park.
Looting froward, we are now sdlveduled to meet with Hoag per=ned, inchu�ng
eogineering staff mesobaa, on September 24e to discuss several dartial items. While a
number of imum fusels umeaoived, of particular' kV ftaaoe, in our view, are the
"Dwing
With the Habit series of meetings now appnxwhisg, and with so much at stabs, we hope
that upcoming discossions between Hoag and Vila BaAwa will provide lasting solo ion
to the problems noted above. Certainly, an aggressive and cove effort by Hoag
to definitively address these prabkms world hells set a vary construchve i me fior our
telstions* m the months and years ahead, while dearly demonstrating Hoses
sensitivity and good neighborliness w the Siesto NewportDcat comet unky. As we
stored to point Opt at our meetutg with yon, this k �
kind of Win-Wi A outoome has ahvays
been the goal of our committee. On this hopefid now we very much look forward Wthe
solution and timetable Hoeg will be ptopoong in the next several wedcs on the
remaining issuesbefure ua
L. R Runyon
Co-Chair Hoag SospiW Liaison Committee
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