HomeMy WebLinkAboutC-2739 - Letter of Agreement for Closing Driveway from Pacific Coast Highwayreuruary 1.5, ivotl i
ITY COUNCIL AGENDA
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CITY 0[ XWPORT BEACI
TO: CITY COUNCIL FEB 13 1989
FROM: Public Works Department APPRO4 �,1)
• SUBJECT: SOUND WALL ADJACENT TO TRAILER PARK BETWEEN HIGHLAND STREET C z 3
AND FERN STREET
RECOMMENDATION:
Authorize the City Manager to sign a Letter of Agreement with Maurice
Turbow for closing of driveway from Pacific Coast Highway.
DISCUSSION:
As a condition of the Coastal Permit for the widening of Pacific Coast
Highway between Newport Boulevard and Highland Street, the City is required to
construct a sound wall adjacent to the trailer park that is located between
Highland Street and Fern Street. The proposed wall and property are shown on
the attached exhibit. In order for the sound wall to be effective it should
extend across the driveway. This would necessitate construction of a new
driveway on either Fern Street or Highland Street.
At the Coastal Commission hearing several residents of the trailer
• park were present and complained to the Commission about the noise impact. The
City did not commit to closing the driveway, but it was stated that we would
negotiate with the property owner for the relocation of the driveway. The terms
of a Letter of Agreement have been negotiated with Mr. Turbow, whereby the
driveway would be closed and the City would construct an 8 foot high slumpstone
wall between Highland Street and Fern Street. Mr. Turbow will grant the City
the required easement for the wall and arrange for a new driveway from Highland
Street. The only unresolved item is the cost sharing for the driveway
relocation.
The driveway relocation requires moving one trailer, constructing new
utility connections, modifying the washroom to provide space for the relocated
trailer and constructing the new driveway entrance from Highland Street. Mr.
Turbow has obtained quotations from contractors indicating that the cost will be
$15,000 to $17,000. The draft agreement provides for the City to reimburse Mr.
Turbow for actual relocation costs up to a maximum of $12,000. This amount is
acceptable to Mr. Turbow.
Closing the driveway will provide much better sound attenuation as
well as eliminating the impact of the driveway on Pacific Coast Highway traffic
and therefor approval of the $12,000 is recommended.
Benjamin B. Nolan
Public Works Director
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Attachment
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TURBOW PROPERTY'
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,Y PROPOSED SOUND
WALL EASEMENT - "`' `t
PROPOSED 8^ HIGH SLUMP
-'STONE SOUNDWALL
PACIFIC COAST HIGHWAY
SCALE V= 40'
CITY OF NEWPORT BEACH DRAWN DATE
PUBLIC WORKS DEPARTMENT APPROVED
PROPOSED SOUNDWALL PUBLIC WORKS DIRECTOR
TURBOW PROPERTY R.E. NO.
DRAWING NO. EXHIBIT "At'
February 17, 1989
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3311
Mr. Maurice D. Turbow
231 S. Hamilton Drive
Beverly Hills, California
Dear Mr. Turbow:
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As part of the City's Pacific Coast Highway widening project, the City desires
to construct a sound attenuation wall along the frontage of your trailer park
property which is located between Grant Street and Highland Street.
Construction of the wall will necessitate the closing of the existing Pacific
Coast Highway driveway to your property and the construction of a new driveway
access on Highland Street. This Letter of Agreement will set forth the
responsibilities of both the City of Newport Beach, herein referred to as the
"CITY ", and Maurice D. Turbow, herein referred to as "TURBOW ". The CITY and
TURBOW agree to the following terms and conditions:
CITY shall prepare plans and pay costs of construction of an 8 foot high
slump stone wall on TURBOW's property as shown on Exhibit "A" attached
hereto and made a part hereof.
TURBOW will grant to CITY an easement for the construction of the sound
wall as shown on Exhibit "A ". Grant shall not be made until after permits
have been obtained for trailer relocation work, but prior to reimbursement
of expenses as provided for in condition No. 7 below.
3. TURBOW hereby grants CITY permission to close existing driveway access on
Pacific Coast Highway. CITY will not actually close driveway until access
is available from Highland Street.
4. TURBOW will make all arrangements for construction of new driveway access
into the trailer park from Highland Street. These arrangements shall
include construction of the new driveway apron without sidewalks or
dedications, relocation of trailers, construction of water, sewer and
electrical services, modification of buildings and obtaining all required
permits.
TURBOW will obtain permit from the State Housing & Community Development
for relocation of one trailer unit to allow for a Highland Street access.
If, as a condition for issuance of the permit, the State requires
upgrading or reconstruction of other trailers or facilities on the
property, then TURBOW reserves the right to cancel this agreement.
3300 Newport Boulevard, Newport Beach
0 •
Letter of Agreement
February 17, 1989
Page Two
6. CITY will notify TURBOW 60 days prior to starting construction of sound
wall. TURBOW will serve 30 -day notice to vacate upon tenants in the way
of the aforesaid improvement within 3 days of such notification by CITY
and will vigorously pursue removal per Code of Civil Procedure Section
1161 et seq.
7. CITY will reimburse TURBOW for expenses relating to closing of driveway
and construction of new driveway up to a maximum amount of $12,000. CITY
will reimburse TURBOW within 30 days after submission of invoices or
receipts that document the authorized expenses.
Very truly yours,
Donald C. Simpson
Special Projects Manager
DCS:dmw
The terms of this Letter Agreement are acceptable to both the CITY and TURBOW.
The City of Newport Beach
Accepted by:
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Robert L. Wynn
City Manager
Maurice D. Turbow
Accepted by:
Maurice D. Turbow
Owner
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PACIFIC COAST HIGHWAY
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSED SOUNDWALL
TI IP tnW PROPERTY
DRAWN DATE
APPROVED
PUBLIC WORKS DIRECTOR
R.E. NO.