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HomeMy WebLinkAboutRDA 7 CATELLUS DEV AG 06-21-93 RDA NO. 7 6-21-93 DATE: JUNE 21, 1993 - ~ -TO: FROM: SUBJECT: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR, TUSTIN COMMUNITY REDEVELOPMENT AGENCY COMMUNITY DEVELOPMENT DEPARTMENT,' PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION AGREEMENT WITH CATELLUS DEVELOPMENT CORPORATION FOR PREPARATION AND PROCESSING OF A PROJECT STUDY REPORT FOR THE NEWPORT AVENUE/SR-55 INTERCHANGE RECONFIGURATION PROJECT RECOMMENDATIONS It is recommended that the Tustin Community Redevelopment Agency, at their meeting of June 21, 1993, authorize the Executive Director and City Clerk to execute an agreement with Catellus Development Corporation for preparation and processing of a Project Study Report (PSR) to caltrans for the Newport Avenue/SR-55 Interchange Northbound Ramp Reconfiguration Project. FISCAL IMPACT '~ '' The cost at this time to the Agency is estimated at $2b0,000. Future execution of a Development Agreement with Catellus will delineate legal and financial responsibilities for the Pacific Center East Specific Plan. Funds expended by the Agency to prepare and process the PSR are to be fully applied to offset against the Agency's negotiated cost share percentage of future construction related improvements. Funds to accomplish work tasks such as the PSR have been advanced by the Agency to the City and are available for accomplishment of work efforts associated with carrying out the Redevelopment Plan for the South Central Project Area. DISCUSSION As part of the City's approval of the Pacific Center East Specific Plan, ' a detailed Phasing Concept Plan was included which outlined the amount of permitted development based upon the sequence of plan preparation and completion of certain circulation improvements required within the Specific Plan Area for development and redevelopment to occur. Essential to implementation of any future phase of the Specific Plan is the preparation and processing of a Project Study Report (PSR) to approval by Caltrans for the Newport Avenue/SR-55 Interchange Northbound Ramp Reconfiguration. The Developer, Catellus Development Corporation, has been responsible for the costs of preparation and processing of the PSR, and have previously retained the firm of Dokken Engineering to undertake this work on their behalf. Unfortunately, the current economic downturn has had an unforseen negative impact upon Catellus' financial ability to proceed at this time with Dokken's consulting engineering services necessary to complete, process and obtain approval of the PSR. The subject agreement between the Agency and Catellus provides for the Agency to assume the financial and contract administration responsibility for completion and processing of the PSR to Caltrans for approval in light of Catellus' current financial inability to move forward with the Dokken Engineering work. The Agreement with Catellus Development CorporatiOn-'w~i~l~ ~n.a~l~m' critical link in the accomplishment of the South Central Project Are infrastructure improvements to begin to be realized, that is, the future approval by Caltrans of the Newport Avenue/SR-55 Interchange Northbound Ramp Reconfiguration. Without Caltrans ' approval of this work, implementation of the full Newport Avenue extension project from its present termination to Valencia Avenue, including other accompanying necessary infrastructure in the Pacific Center East Specific Plan Area will be seriously hampered. A separate Professional Services Agreement between the City and Dokken Engineering for the PSR work will be considered under separate agenda items by both the City Council and the Tustin Community Redevelopment Agency. Christine A. Sh~leton Assistant City Manager Robert S. Ledendecker Director of Public Works/ City Engineer Engineering Services Manager CAS: RSL: DRK: ccg: psr Attachment AGREEHENT FOR PREPARATION ~ PROCESSING OF A PROJECT STUDY REPORT (PSR) TO CALTRANS FOR THE NEWPORT AVENUE/SR-55 INTERCHANGE NORTHBOUND RAMP RECONFIGURATION This AGREEMENT is made and entered into this day of , 1993, by and between the Tustin Community Redevelopment Agency ("Agency") and Catellus Development Corporation ("Developer"). RECITALS. A. The CITY OF TUSTIN has certified Environmental Impact Report (EIR) 90-01 (SCH No. 89091320), and has adopted General Plan Amendment Nos. 90-03(a) and 90-03(b) and Zone Change No. 90-04 which approved the Pacific Center East Specific Plan. B. The Pacific Center East Specific Plan ("Specific Plan") is a major tool for implementing the Tustin Community Redevelopment Project. C. Current City of Tustin's General Plan and the Agency's South/Central Redevelopment infrastructure inadequacies in the South Central Project Area in the vicinity of the South Newport Avenue/Edinger Avenue area are currently a major constraint to development and redevelopment within the South Central Project Area. Blighted conditions (including underutilized properties, a lack of continuity and cohesiveness) would likely not be reversed or alleviated without action by the Agency. Additional new development in the Project Area would also not be able to occur without infrastructure improvements. The southerly extension of Newport Avenue and its crossing under an existing railroad right-of-way and flood control channel, construction of a new ramp interchange at Rev~ sed 6/14/93 --1-- Newport Avenue and the SR-55 Freeway, associated water, storm drain and parcels to be reconfigured for improvements to Edinger Avenue and utility improvements will enable non-rail users and facilitate redevelopment of the southerly portion of the South Central Project Area. D. The Specific Plan has been designed as a mechanism by which to develop the necessary infrastructure, support services and facilities, and implementation programs needed to facilitate the redevelopment of the southerly portion of the South Central Project Area. As such, the Specific Plan includes a Phasing Concept Plan important to development and' redevelopment of the Specific Plan Area. The Phasing Concept Plan as shown on Exhibit A attached hereto, outlines the amount of permitted development based on the sequence of plan preparation and completion of certain circulation improvements required within the Specific Plan area for development and redevelopment to occur. The phasing of development is tied to eliminating circulation and infrastructure inadequacies and providing for additional capacity, approval of circulation plans by State agencies and approval of a railroad right-of-way and flood channel crossing north of Edinger Avenue at Newport Avenue. As part, and "key link" of the Phasing Concept Plan, the preparation and processing for approval of a Project Study Report ("PSR") to Caltrans for the Newport Avenue/SR-55 Interchange Northbound Ramp Reconfiguration is ,essential to implementation of any future phase of the Specific Plan. E. The Developer is responsible for the costs of preparation and processing for approval of a PSR to Caltrans for the Newport Avenue/SR- 55 Interchange Northbound Ramp Reconfiguration ("Interchange Project"). The firm of Dokken Engineering has been previously retained by the Revised 6/14/93 --2-- _Developer to undertake work associated with advancing the Interchange ?roject through the Caltrans PSR and Final Environmental Document approval process. Dokken Engineering under contract to the Developer has previously performed significant amounts of work on the PSR valued at approximately $400,000.00. F. Phasing of development within the Specific Plan Area is not only based upon the sequence of circulation and infrastructure improvements within the Specific Plan Area, but also based upon market demand, development opportunities, circulation capacity and financing factors. Unfortunately, the Developer has represented that the current economic downturn has had an unforeseen negative impact upon the financial ability of the Developer to proceed with the consulting engineering services of Dokken Engineering. The Developer has indicated _ that they do not have sufficient funds at the present time to pay for the consulting engineering services necessary to complete, process and obtain approval of the PSR. G. 'The Agency and Developer agree that it would be beneficial to both parties to expeditiously proceed toward gaining PSR approval from Caltran~ for the Interchange Project. H. The certified EIR for the Specific Plan describes the various circulation and infrastructure improvements necessary to mitigate the expected traffic capacity deficiencies and infrastructure inadequacies associated with implementation of the Specific Plan and the Developer's fair share percentage obligation for transportation mitigation improvements within and outside of the boundaries of the Specific Plan. I. It is anticipated that the Agency will negotiate Agency - ~articipation with Developer in certain transportation and infrastructure mitigation improvements within and outside the boundaries Revised 6/1&/9~ --3-- of the Specific Plan Area in the City and South Central Project Area necessary to accommodate development within the South Central Project Area and Specific Plan Area. J. In light of the Developer's current financial inability to proceed with the Dokken Engineering work at the present time, but anticipated ability to pay such costs at a future date, the Agency and Developer are willing at this time to enter into this Agreement to provide for financial and project contract management responsibilities for completion and processing of the final PSR to Caltrans for approval. NOW, THEREFORE, IT IS MUTUALLY AGREED by the parties that: 1. The Agency will retain and fully administer the services of Dokken Engineering, under a separate Agency Professional Services Agreement ("Dokken Agreement"), to proceed with the preparation and processing of a PSR to Caltrans for approval of the Interchange Project. The Agency shall have the sole authority for reviewing and determining whether the work performed by Dokken Engineering is satisfactory and if not, how best to correct the deficiencies in the work, including the ability to terminate the Dokken Agreement and to replace Dokken Engineering with a firm of the Agency's sole choice. Should the Agency terminate the Dokken Agreement, Dokken Engineering shall be required to forward to the Agency any and all documents prepared by Dokken Engineering ~ith respect to the PSR for the Interchange Project. Developer shall forward to the Agency all documents prepared by Dokken Engineering 2 o pursuant to Dokken Engineering's contract should the Agency request such documents. The Agency will pay with its own funds for with Developer the consulting Revised 6/14/93 --4-- services of Dokken Engineering and the services of any other consultant(s) deemed necessary to expedite the completion and processing, of the PSR. The Agency will be fully responsible for the project management of the PSR including any change orders necessary to complete the PSR for the Interchange Project. The cost to the Agency to fully prepare and process the PSR is $200,000 which includes Dokken Engineering environmental consulting work ($15,000); ($17,000); and city administrative costs estimated at ($153,000) Contingencies ($15,000). Developer and intended only Agency agree that the present arrangement is as a means to move the Specific Plan project forward and to complete phasing steps needed to eliminate infrastructure and circulation inadequacies within the South Central Project Area. The Agency and Developer agree that completion of a Development Agreement must be initiated at the earliest possible date. Such Development Agreement will clearly delineate the responsibilities, both legal and financial, for the development of the Pacific Center Specific Plan Area, including completion of infrastructure and circulation improvements and completion of all infrastructure improvements required by Environmental Impact Report 90-01. The Developer agrees that any and all funds expended by the Agency to prepare and process the PSR shall be fully applied to and offset against the Agency's negotiated cost share percentage of future construction for traffic and infrastructure mitigation improvements within and outside the Revis~ 6/1&/93 --5-- 10. boundaries of the Specific Plan Area as required by the certified EIR for the Specific Plan. The various headings and numbers herein, the groups of provisions of this Agreement into separate sections and paragraphs, and the organization hereof are for convenience only and shall not be considered otherwise. The parties agree to cooperate and enter into any and all other agreements reasonably necessary or convenient to provide for future project implementation stages. The Agency retains the right, in its sole discretion, to assign all of its rights and obligations under this Agreement to the City of Tustin. Each party represents that they have been duly authorized to enter into this Agreement on behalf of the party for whom they sign. Revised 6/14/93 --6-- Date: COMMUNITY REDEVELOPMENT AGENCY BY: William A. Huston Executive Director ATTEST: APPROVED AS TO FORM: BY: City Clerk BY: City Attorney Date: CATELLUS DEVELOPMENT CORPORATION BY: Corporate Officer BY: Revise(] 6/14/93 -7- City of Tuxtin Table 3 PHASING SCHEDUI .E PHASE 1 ImprQvement or Action Ne~led Complianee with all conditions of appro~d and eomplianee with original dewlopmcnt and Conditional Usc Permit (CUP) 84-20, inclvdlng any neeessary infrastructure improwments. B. Required Plan Submittals Project study report to Caltraus for New- port Avenu¢/SR-55 interchange northbound ramp reconfiguration. 2. P!an% specifications, agreements for:. a. SR-55 northbound ramp configuration b. Newport Avenue extension south of Edinger Avenue to Valencia Avenue. c. Edlnger Avenuc widening enst of SR- 55. d. DelAmo Avcnuc extension and widen- ing from reconfigared SR-55 ramp to Edingcr Avenue. Approved plans for additional traffic im- provements needed to mitigate impacts of Phase i square footage for which eertiticate of occupancy will be issued, induai-~ Within City of Tustin Red Hill Avenue and Edinger Avenue2 Add third northbound through lane Add third westbound through lane Add second southbound left-turn lane Within City of Santa Ana SR-55 SB ramp and Edinger Avanue2 Add second westbound left-turn lane Building Permits or Certificates of Qccuuancv May Be Issued For permits for 224,520 square feet of offiee and eertifi- cate of occupancy for 224,~20 square feet of office already entitled by CUP 84-20 to be located In Planning Area 8 only (must be consistent with approved development plan for CUP 84-20). Permits for 100,000 square feet of office, minimum 250-room hotel and 100,000 square feet of eom- mercial in Phase II.B and permits for 224,520 square feet of additional office in Planning Area 8 in Phase IA (in the event proposed development does not comply with CUP 84-20 entitlement). 29 EXHIBIT "A" .,tic Center East Specific Plan Table 3 (cont'd) Improvemen~ or Action Needed C. Plan Approvals or Construction Complefiom L Approval of all submittals, plans ahowa in IB1 and IB2. 2. Completion of all improvements aa shown in 11t3. Building Permits or Certificates 9f Occupancy May Be Issued For_ Certificate of occupancy for permits authorized to be i~ued for in Phase lB and IA (in the event proposed development doez not comply with CUP 84-20 entitlement). PHASE II Improvement[ or Action Needcx! Required Plan Submittals 1. Plans, specifications, and reports for New- port Avenue extension north of Edinger hvcnnc. 2. Approved ~ for all traffic improvements noted /n klF. and n¢ce.ssa~ to mitigate traffic impacts of Ph~¢ H ~quar¢ footag¢$ for which c~rfificate~ of occupancy will b~ issued, inchdin~ Within (~itv of Tusfin Red Hill at Walnut and Sycamore1 Remo~ parking and stripe northbound and southbound through huc~ Del Arno and Edinger2 Add second northbound left-tm lane Red Hill and Valencia2 Add second northbound left-turn lade Building Permits or Certific,?tes of Occuoancv May Be Issued FOr WithinCi of Santa Aaa SR-55 SB ramp and Edinger1' 3 Add third eastbound through lane Add third wc~tbotmd through lane Edlnger intersections in Santa Ana1 (at Ritchey, Lyon and Grand) PartJdpate in improvements through TSIA fees3 permits for 500,000 square feet of office, 50,000 square feet of commercial 3O City of Tustin Table 3 (cont'd) Improvement or Action Needed ' Within Project Area B. Plan Approvals or Completion of Construction L Completion of all improvements as shown 2. Completion of improvements shown in Ill.?- Building Permits or Certificates 9f Occuoancv Ma'/Be Issued For Certificate of occupancy for permits authorized to be issued in Phase I1 PHASE III ImprOvement or Action Needed Required Plan Submittals or Approvals Approved plans for additional traffic im- provements needed to mitigate impacts of phase III square footages for which ceatifi- cates o~ occupancy will be issued, including: Newport and Walnut1 Add tl~'d nortbhotmd througl~ lane Acid third southbound through lane Add eastbound right-turn lane Add second southbound left-turn lane Newport and Sycamore2 Add westbound left-turn lane Add second eastbound through lane Add second eastbound left-turn 'lane Add second northbound left-turn lane Add third northbound through lane Add third southbound through lane Red Hill and Valencla2 Add southbound right-turn lane Add westbound right-turn lane Add eastbound free right-turn lane Building Permits or Certificates of Occuoancv May Be Issued For 31 EXHIBIT "A" ?acific Center East Specific Plan Table 3 (cont'd) Improvement or Action Needed .Within~ Edinger intersections in Santa Anal' 3 (at Ritchey, Lyon and Grand) Partidpate in improvements through Building Permits or Certificates of Occupancy MaY Be Issued For Within Cities of Tustin and Santa Ann Red Hill and Warner~ Add southbound right-turn lane Red Hill and Dyer1 Participate in improvements through 2. Approval of plans and issuance of con- struction permits for Newport Avenuc extension north of Edingcr Avenue includ- ing approvals from Orange County En- vironmental Managemcnt Agency and AT&SF railroad. Approved plans for all traffic improvements noted in EIR necessary to mitigate traffic implcts of cem~inlng specific plan buildout square footage, as listed in III A.1. B. Completion of Construction 1. Completion of improvements down in IH A.1 and IH AS.. Permits for 300,000 square feet of ofllee and 10,000 square feet of commercial Permits for remaining buildout square footages authorized by the specific plan Certificate of occupancy for permits authorized to be issued la Phase Ill, including bnildout of the specific plan 1 2 3 Project contribution to thlg improvement. Project mitigation improvement. Improvenients to Edinger Avenue in proximity to the SR-55 overpass are linked to the design of Newport Avenue extension north of Edinger Avenue. Other improvements along Edinger in the City of Santa and actual improvement design and timing for completion of these improvements will be subject to approval by the City of Santa Aua. However, since the project is contributing to areawide improvements, any discretion on design or timing as determined by Santa Ama will not affect issuance of entitlements on the Pacific Center East project in Tustin. Since this section of roadway is part of the CMP network, improvements will be designed for this location so that adequate levels of service will be attained to meet CMP eligibility requirements. 32 EXHIBIT "A"