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HomeMy WebLinkAboutNB 2 IRV BUS COMPLEX 11-16-92SATE: NOVEMBER 12, 1992 NEW BUSINESS N0. 11-16-92 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: WILLIAM A. HUSTON, CITY MANAGER SUBJECT: AGREEMENT BETWEEN CITIES OF TUSTIN AND IRVINE - IRVINE BUSINESS COMPLEX RECOMMENDATION: That the City Council authorize the Mayor to sign the attached agreement concerning the Irvine Business Complex (IBC) zone change and general plan amendment. DISCUSSION: The Cities of Tustin and Irvine have negotiated an agreement concerning the mitigation of traffic impacts caused by the City of Irvine's decision to enact a zone change and general plan amendment which increase intensity standards for development within the IBC. The key elements of the agreement are: 1. The City of Irvine will pay the cost of a Project Design Report. The report will identify and recommend improvements necessary to meet City of Tustin standards for mitigation of traffic on Red Hill Avenue between Barranca Parkway/Dyer Road and the I-5 freeway. The recommended improvements will be those necessary to mitigate traffic impacts caused by the IBC project. 2. Based upon the report, the City of Irvine shall pay its fair share of the cost of necessary traffic improvements. The City of Tustin agrees to be financially responsible for its share of any improvements identified in the report as being necessary due to traffic generated by projects in Tustin (e.g. the Pacific Center East project). 3. Section 1(e) of the agreement sets forth the methods by which the City of Irvine will pay for its share of the improvements and ties its obligations to the phasing of the IBC project. Agreement - Irvine Business Complex November 12, 1992 Page two 4. The City of Irvine agrees to fund other traffic improvement projects identified in a 1985 IBC traffic mitigation program. These traffic improvements will also mitigate traffic within Tustin caused by the IBC project. The City Attorney, Assistant City Manager and I believe the agreement protects the interests of the City of Tustin. It clearly identifies a process for mitigating traffic impacts associated with the IBC project and does not impede the ability of the City of Irvine to implement its zone change and general plan amendment for the IBC. The attached agreement has been approved by the Irvine City Council and executed by its Mayor. WAH! J Attachment ibcagr.wah AGREEMENT R-EGARDING F IMPLEMENTATION, TIMING AND FUNDING OF TRANSPORTATION/CIRCULATION MITIGATION FOR THE IRVINE BUSINESS CO_'•1PLEX PROJECT The Agreement is made and entered into by and between the CITY OF TUSTIN ("Tustin") and the CITY OF IRVINE ("Irvine"). RECIT=LS A. Irvine has certified an Environmental Impact Report for, has adopted General Plan Amendment 7234 -GA and is considering adoption of Zone Change 88-ZC-01-;5 (collectively the "Project") which upon adoption would prov�3e, among other things, for increased intensity standards for development within the Irvine Business Complex ("IBC"). B. The IBC is comprised of approximately 2,800 acres in the westerly portion of Irvine, is located immediately southerly of Tustin along a portion of Tustin's southerly boundary and is designated as Irvine Planning Area No. 36 and all the property of the IBC is contained within the boundaries of that planning area. The Project upon adoption would permit a maximum of 55.818 million gross square feet of non-residential development and a maximum of 3,896 residential units. C. The term "Red Hill" as used herein means Red Hill Avenue in Tustin, between Dyer Road/Barranca Parkway and the I-5 freeway. D. On March 20, 1991, Irvine requested public comments and circulated a draft Environmental Impact Report ("EIR") for the Project. A revised draft EIR was circulated for public comment on March 5, 1992. The Project underwent revisions which resulted in the preparation and recirculation of a revised draft EIR on August 7, 1992. During each of the three public review and comment periods, Tustin responded to Irvine with written comments and specific objections to each draft EIR for the Project. E. Throughout the Notice of Preparation and draft EIR process public comment period, Tustin has claimed in writings to Irvine that the Project would have significant impacts on Tustin's transportation and circulation system. Tustin believes, based on current available data, that the traffic/ circulation impacts of the Project, unless properly mitigated, will be unbearable for the citizens of Tustin and those who work and live in the vicinity of Tustin. Tustin believes that the most appropriate and proper way for Tustin to be assured that the potential impacts of the approval JGR:jab:R13:110"2(A238.jab) —1— and development of the IBC will be mitigated to a level of insignificance as required by the California Environmental Quality Act ("CEQA"), will be for Tustin and Irvine to enter into this Agreement to ensure that Irvine will effect, implement and fund timely Red Hill traffic mitigation measures within Tustin and will take all steps necessary to protect the environment and the quality of living for those who live and work in the area or who drive through the vicinity of the IBC. F. For this purpose, Tustin desires to enter into this Agreement to provide for the traffic improvements it deems necessary to mitigate all traffic impacts upon Tustin and the people who live in or work in Tustin or in the vicinity of Tustin, to a level of insignificance. Irvine desires to enter into this agreement to resolve any potential disputes with Tustin concerning approval of the Project. NOW, THEREFORE, in consideration of the forbearance of Tustin to initiate, prosecute, join or intervene in, or financially support any action or proceeding challenging Irvine's approval of General Plan Amendment 7234 -GA, Zone Change 88-ZC-0135, the EIR on the Project or any approval, findings or determination made by Irvine in connection therewith, including but not limited to, any challenge, lawsuit or proceeding alleging non-compliance with the California Environmental Quality Act, the agreements of each of the parties contained herein and other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, the parties agree as follows: 1. Irvine shall cause to be undertaken at its sole cost and expense the preparation of a Project Design Report (as that term is commonly used by civil engineers in Orange County) (the "Study") to determine the traffic capacity of Red Hill Avenue between Dyer Road/Barranca parkway and the I-5 freeway, and the Study shall identify and recommend the improvements necessary to meet City of Tustin standards so as to mitigate the traffic impacts within and* in the vicinity of Tustin as a result of the Project. The Study shall identify and recommend the improvements necessary to so mitigate such traffic impacts. a. The Study shall study and evaluate feasible design and construction alternative improvements to Red Hill Avenue between Dyer Road/Barranca Parkway and the I-5 freeway area. b. The Study shall, at a minimum, recommend a preliminary schematic design of improvements to Red Hill Avenue, provide a preliminary estimate of all right-of-way acquisition, design and construction costs for said improvements, a proposed schedule of construction of said improvements and shall identify sources of funding for the improvements. The Study shall be commenced within one hundred eighty (180) days of approval of the -2- Project and the Study shall be completed within a reasonable time and prior to completion of the IBC Stage I improvements. C. Prior to initiation of the Study, Tustin shall be given a copy of the proposed written scope for the Study and all work tasks to be associated with the Study, for Tustin's review and comment. Irvine shall incorporate Tustin's comments and requested revisions in the description of the final scope of work of the Study, so long as Tustin's comments and requested revisions are consistent with the traffic generation and demand assumptions in the EIR Traffic Study (other than the analyses related to the Newport Avenue extension and the Newport/Valencia and Red Hill/Valencia intersections). A Civil Consultant and a Traffic Consultant shall be selected to prepare the Study and shall be agreed upon by the parties from those on the list of consultants attached hereto in Exhibit "A" and Irvine shall thereupon forthwith enter into a contract with the selected consultants. Tustin staff shall be given timely written notice of all informational meetings concerning the Study and shall be invited to all meetings of staff and/or representatives of either City with the consultant. d. All information contained in the draft EIR for the Project together with Tustin concerns reflected in its correspondence to Irvine concerning the EIR, shall be considered in development of the Study. The Five City Traffic Study currently in preparation shall not be considered by the consultant. e. Irvine shall pay to Tustin its fair share, as determined by the Study, of the cost of the improvements and right- of-way acquisition found necessary by the Study to fully mitigate the traffic impacts to be caused by the traffic generated by the development which will occur as permitted by the Project, with the balance of the cost of said improvements to be Tustin's responsibility, except to the extent that any portion or portions of the remainder of costs are to be borne by others. Irvine shall commit to the conduct of the Study and undertake the design of the Red Hill Avenue improvements identified in the Study prior to the completion of the Stage I IBC improvements (as such Stage I improvements are described in the EIR for the IBC project). Construction of the improvements prescribed by the Study shall be commenced and completed within the time periods recommended by the Study. In the event that Tustin does not have available funds necessary to enable it to perform all of its obligations or is for any other reason unable to fulfill all of its obligations set forth in the Study in a timely manner, (1) Irvine may pay its share of the costs to Tustin, or (2) the parties may agree to defer construction of such portion or portions of the improvements to a later date, or (3) if the parties do not reach such an agreement, then Irvine shall forthwith pay to Tustin Irvine's prescribed share of the cost of the improvements and rights-of-way acquisitions as determined by the Study. In the event alternative (1) or (3) hereinabove come to pass, the funds paid by Irvine to Tustin shall -3- be used by Tustin only for implementing the conclusions and recommendations of the completed Study. Upon the occurrence of alternative (1) or (3) hereinabove, Irvine shall be released from any further responsibility for the contribution and acquisition for such particular improvements and/or right-of-way. Both Irvine and Tustin shall abide by and perform their respective obligations as set forth in the conclusions and recommendations of the completed Study. f. Tustin and Irvine shall be given thirty (30) days from the date of receipt of the proposed Study to review and submit comments on the draft Study. Tustin and Irvine shall cooperate in good faith to review and incorporate such comments into the Study, and the final version of the Study shall be completed within one hundred twenty (120) days following the consultant's receipt of such comments. Should any additional analysis or revisions to the draft Study be requested by Tustin or Irvine, the consultant shall provide such revisions and/or additional analysis as are reasonably requested. 2. Irvine shall be responsible for the cost of the following traffic improvement projects previously identified in the 1985 IBC mitigation program and located within the City of Tustin as follows: widening of Barranca Parkway to eight lanes between Jamboree Road and Red Hill Avenue including off-road bicycle lanes, intersection improvements at Red Hill Avenue/Dyer Road, Red Hill m. Avenue/Barranca Parkway, and intersection improvements at Jamboree Road/Barranca Parkway. 3. Irvine shall pay for its fair share of the costs of improvement, except to the extent that any portion or portions of such costs are borne by other entities pursuant to Resolution 92F- 06 of the Board of Directors of the Foothill Eastern Transportation Agency, for construction of grade separations and interchanges at Jamboree Road/Edinger Avenue and at Jamboree Road/Barranca Parkway, 4. Irvine agrees to provide timely written notification to the Assistant City Manager of Tustin of all public hearings or public meetings involving subsequent Project related rezoning/general plan amendment actions, and items proposing discussion of funding of improvements included in the Project EIR before the Irvine Transportation Commission, Irvine Planning Commission or Irvine City Council. Staff reports and/or conditions of these projects shall be delivered to Tustin at the same time they are transmitted to any member or members of the Irvine Transportation Commission, Irvine Planning Commission or Irvine City Council. 5. The consultant shall not assume that any or all of the assumptions, findings, conclusions and/or recommendations of the EIR are correct, including, but not limited to the following: -4- a. The proposed improvement recommended to Red Hill Avenue from the Red Hill/Barranca Parkway intersection to the southerly line of the right of way of the I-5 freeway, and b. The Five City Study, also known as the Traffic Nexus Study. 6. The following staff members, or as otherwise designated in writing by the City Manager of Tustin or the City Manager of Irvine, shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. Any notices, requests, approvals, or communications shall be given to each representative noted below: For communications to Tustin: Assistant City Manager City of Tustin P.O. Box 3539 Tustin, California 92680 Director of Public Works City of Tustin P.O. Box 3539 Tustin, California 92680 For communications to Irvine: Director of Community Development City of Irvine One Civic Center Plaza Irvine, California 92714 Director of Public Works City of Irvine One Civic Center Plaza Irvine, California 92714 7. Tustin and Irvine by entering into this Agreement acknowledge that the obligations of the cities shall survive beyond the term or terms of the present City Council members, that this Agreement will bind Irvine and Tustin and their future City Councils to the obligations hereby undertaken and this Agreement shall limit the future exercise of certain governmental and proprietary powers of Irvine and Tustin. 8. Tustin hereby agrees and covenants not to initiate, prosecute, join or intervene in, or financially support any lawsuit, action or proceeding challenging Irvine's certification of the EIR for the IBC Project, the approval of Zone Change 88-ZC- 0135, the adoption of General Plan Amendment 7234 -GA, or any approval, finding or determination made by Irvine in connection -5- therewith (collectively, the "IBC Claims"), whether any such claim by Tustin is known or unknown, suspected or unsuspected, fixed or contingent. The parties acknowledge that Section 1542 cf the California Civil Code provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially effected his settlement with the debtor." Tustin expressly waives any and all rights under Civil Code Section 1542, or any Federal or State statutory right, rule or principle of common law or equity or those of any other jurisdiction, government or political subdivision thereof, similar to Civil Code Section 1542 with respect to any of the IBC Claims. 9. The term of this Agreement shall be from the date it is signed on behalf of both parties and continuing untie all obligations prescribed in this Agreement have been fully performed. 10. The various headings and numbers herein, the grouping of provisions of this Agreement into separate sections and paragraphs, and the organization hereof, are for convenience only and shall not be considered otherwise. 11. The parties agree to cooperate and enter into any and all other agreements reasonably necessary or convenient to provide for future project implementation stages for Red Hill Avenue, including, but not limited to, cash flow issues and project management responsibilities for right-of-way acquisition and construction. 12. Each of the parties agrees to do all things in a Timely manner reasonably necessary or convenient to carry out the spirit, intentions and objectives described in this Agreement whether or not expressly prescribed herein and no consent, agreement, approval, concurrence, decision, determination or action shall be unreasonably withheld by either party. 13. Any controversy or claim arising out of this Agreement or alleged breach thereof shall be resolved by binding arbitration utilizing the alternate dispute resolution process of Judicial Arbitration and Mediation Services, Inc. 14. If any proceeding is instituted by either party to enforce or construe any provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees from the other party. 15. Each party signing this Agreement expressly warrants and represents that the person signing this Agreement has the authority to execute this Agreement on behalf of the entity it purports to represent. Dated: CITY OF TUSTIN By. Its: Approved as to form: James G. Rourke, Tustin City Attorney Dated: / / �/ / 9oZ CITY OF IRVINE ADftoved as ito) form : Joer� Ku erberg, Ir rine City Attorney -7- EXHIBIT "A" LIST OF CIVIL CONSULTANTS AND TRAFFIC CONSULTANTS ASL Consulting Engineers Bein, Frost & Associates Boyle Engineering Corp. BSI Consultants CDC Engineering,Inc. DGA Consultants, Inc. Fuscoe, Williams, Lindgren & Short Hunsaker & Associates IWA J. P. Kapp & Associates Jaykim Engineers Keith Companies L.S.A. Moffatt & Nichol Nolte & Associates Norris-Repke, Inc. PBQ & D Willdan Associates Williamson Schmid Exhibit "A"