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HomeMy WebLinkAboutC-2739 - Letter of Agreement for Closing Driveway from Pacific Coast Highwayreuruary 1.5, ivotl i ITY COUNCIL AGENDA DY V:',ITY;OVt@R NO. F -3(c) 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 OCS:so Attachment I • • 0 R� r 3 j TURBOW PROPERTY' w s a ! LU ; ,.. w y ;w F 2 N y ,. j0aa C 0 0 O V A � `i•' rf co * Tit - W ,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 0 .e 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: U C -273/ 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: i Robert L. Wynn City Manager Maurice D. Turbow Accepted by: Maurice D. Turbow Owner a�� y I' key K; P n 1 I t TURBOW PROPERTY. . F Lu =I 4 r WAR 1 SCALE 1 °= 40' `I uj �• t � �; of -W F ' � �� :i_a�^" r .- i:'r . ..+'kiAi�l4�ftl® ) r"A .PROPOSED SOUND �= W `EASEMENT w 15. 1 [ PROPOSED 8' HIGH SLUMP + -. STONE SOUNDWALL ..' n` F' ', Z l.Y`•. Vr LI'., hV� ..t. IV N 'r Y �. "I y� - miY,• Y�" rJ! �s�AZ '�i'��??'Ffi?5`3A��.6t�av3"�s j'+�e'i 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.