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HomeMy WebLinkAboutRDA AG CATELLUS DEV 01-03-94 .IDA NO. 6 !-3-94 I nt e r-C o rn DATE: JANUARY 3, 1994 10: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR, TUSTIN COMMUNITY REDEVELOPMENT AGENCY FROM: COMMUNITY DEVELOPMENT DEPARTMENT, PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: 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 January 3, 1994, 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 $200,000. 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 preparation and processing of the PSR have been budgeted in the current Redevelopment Agency Capital Improvement Program 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 ~o complete, process and obtain approval of the PSR. The sub~.ent between Agency and Catellus provide~~a4~c¥ to assure the f~l r-d~t aa~in'istra--~l~-~n_~_~p_Q~Sl~ 'blllty for c'- - --~---~mPl-~c-~-an-~-p~ocessinc of t-~e PSR t~ or a rovh-I in Ii ht of Ca-=l'us' f~nancz~l inabi ' ~__~l/~ove forward with the Dok~en EnZ/~rin7 work/ The Agreement with Catellus Development Corporation will enable a critical link in the accomplishment of the South Central Project Area 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 at a future meeting. Chris{ine A. shiP. eton Assistant City Manager Robert S. Ledendecker Director of Public Works/ City Engineer Engineering Services Manager CAS · RSL: DRK' ccg' psrcat Attachment AGREEMENT FOR PREPARATION AND PROCESSING OF A PROJECT STUDY REPORT (PSR) TO CALTRANS FOR THE NEWPORT AVENUE/SR-55 INTERCHANGE NORTHBOUND RAMP RECONFIGURATION This AGREEMENT is .m~a.d~a_n,d entered into this day of 4 · 1999, 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 City of Tustin's General Plan and the Tustin Community Redevelopment Agency's South/Central Redevelopment Project. C. Current 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 al.leviated without action by the Agency. Additional new development in the Preject 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 Revised 6/14/93 Revised 12/21/93 --~-- Newport Avenue and the SR-55 Freeway, improvements to Edinger Avenue and associated water, storm drain and utility improvements will enable parcels to be reconfigured for 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/i~-/g-z 2 Developer to undertake work associated with advancing the Interchange Project 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 Caltrans 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 Deve].oper'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 participation with Developer in certain transportation and infrastructure mitigation improvements within and cutside the boundaries Revised 6/14/93 --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 reauired to forward to the Agency any and all documents prepared by Dokken Engineering with respect to the PSR for the Interchange Project. Developer shall fo~ard to the Agency all documents prepared by Dokken Engineering pursuant to Dokken Engineering's contract with Developer should the Agency request such documents. 2. The Agency will pay wi~h its own funds for the consulting Revised 6/14/93 e · e . 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 .. estimated ~t $200,000 which includes Dokken Engineering,,~{ 8 . o ($159,000) ; environmental consulting work ($1~, 000); Contingencies ($17,000); and city administrative costs ($15,000). Developer and Agency agree that the present arrangement is intended only 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 90-0].. The Developer agrees that any and all funds expended by the Agency to prepare an~."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 Revised 6/14/93 Revised 12/21/93 -5- boundaries of the Specific Plan Area as required by the certified EIR for the Specific Plan. 7. 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. 8. 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 A~ency retains the right, in its sole discretion, to assign all of its rights and obligations under this Agreement to the City of Tustin. 10. 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/lZ,/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: C. ~~a~e Officer BY- AP.P. ROVED AS YO.~;;,.?~,. Revised 6/14/93 City of Tustin Table 3 PHASING SCHEDULE PHASE 1 Improvement or Action Needed A. Compliance with ail conditions of approval and compliance with original development and Conditional Use Permit (CUP) 84-20, including any necessary infrastructure improvements. B. Required Plan Submittals . Project study report to Caltrans for New- port Avenue/SR-55 interchange northbound ramp reconfiguration. 2. Plans, specifications, agreements for: a. SR-55 northbound ramp configuration b. Newport Avenue extension south of Ediager Avenue to Valencia Avenue. c_ Edinger Avenue widening east of SR- 55. d. Del Arno Avenue extension and widen- lng from reconfigured SR-55 ramp to Edinger Avenue. . Approved plans for additional traffic im- provements needed to mitigate impacts of Phase 1 square footage for which certificate of occupancy will be issuext., indudlng: Within City_ of Tustin Red Hill Avenue and Edinger Avenue2 Add third norlhboun,5 through lane Add third westbound through lane Add second southbound left-turn lane Within City of Santa Ann SR-55 SB ramp and Edinger Avenue2 Add second westbound left-mm lane Building Permits or Certificates of O .ccupan~ May Be Issued For Permits for 224,520 square feet of office and certifi- cate of occupancy for 224,520 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 CLIP 84-20). Permits for 100,000 square feet of office, minimum 250-room hotel and 100,000 square feet of com- mercial in Phase II.B and permits for 224,520 square feet of additional office in Planning Area 8 in Phase La. (in the event proposed development does not comply with CUP 84-20 entitlement). 29 EXHIBIT "A" Pacific Center East Specific Plan Table 3 (cont'd) Improvement or Action Needed Building Permits or Certificates of Occupancy May Be Issued For C. Plan Approvals or Construction Completions 1. Approval of all submittals, plans shown in IB1 and IB2. Completion of all improvements as shown in IB3. Certificate of occupancy for permits authorized to be issued for in Phase IB and IA (in the event proposed development does not. comply with CLIP 84-20 entitlement). PHASE II Improvement or Action Needed A. Required Plan Submittals . Plans, specifications, and reports for New, port Avenue extension north of Edinger Avenue. Approved plans for all traffic improvements noted in EIR and necessary to mitigate traffic impacts of Phase II square footages for which certificates of occupancy will be issued, including: Within City of Tustin Red Hill at Walnut and Sycamore1 Remove parking and stripe northbound and southbound through lanes Del Arno and Edinger2 Add second uOrthbound lc~t-turn lane Red Hill and Valenda2 Add second northbound }eh-turn lane Within City of Santa Aha SR-55 SB ramp and Edinger1' 3 Add third eastbound through lane Add third westbound through lane Edinger intersections in Santa Ana1 (at Ritchey, Lyon and Grand) Participate in improvements through TSIA fees3 Building Permits or Certificates of Occupan~ May Be Issued For Permits for 500,000 square feet of office, 50,000 square feet of commercial 3O EXtt~[ BIT "A" City of Tustin Table 3 (cont'd) Improvement or Action Needed Within Proiect Area. B. Plan Approvals or Completion of Construction 1. Completion of all improvements as shown 2. Completion of improvements shown in Building Permits or Certificates of Occupancy May Be Issued For · Certificate of occupancy for permits authorized to be issued in Phase I1 PHASE III Improvement or Action Neede_d A. Required Plan. SubmittaLs or Approvals Approved plans for additional traffic im- provements needed to mitigate impacts of Phase III square footages for which certifi- cates o~ occupancy will be issued, including: Within City_ of Tusti_n Newport and Walnut1 Add third nortbhound through lane Add third southbound through lane Add eastbound right-mm lane Add second southbound left-turn lane N'~wport a/'id Sycamore2 Add westbound left-turn lane Add Add Add Add Add second eastbound through lane second eastbound left-turn lane second northbound left-turn lane third northbound through lane third southbound through lane Red Hill and Valencia2 Add southbound right-turn lane Add westbound right-turn lane Add eastbound free right-turn lane Building Permits or Certificates of Occupancy_ May Be Issued Fo_r 3] EXHIBIT "A" Pacific Center East Specific Plan Table 3 (cont'd) ..Improvement or Action Needed Within Ciw of Santa Ana Edinger intersections in Santa AnaI' 3 (at Ritchey, Lyon and Grand) Participate in improvements through TSIA fees3 Building Permits or Certificates of Occupan~ May Bc lssucd For Within Cities of Tustin and Santa Ann Red Hill and Warner2 Add southbound right-turn lane Red Hill and Dyerl Participate in improvements through TSIA fees3 e Approval of plans and issuance of con- struction permits for Newport Avenue extension north of Edinger Avenue includ- ing approvals from Orange County En- vh'onmental Management Agency and AT&SF railroad. . Approved plans for all traffic improvements noted in EIR necessary to mitigate traffic impacts of remaining specific plan buildout square footage, as listed in III A.1. B. Completion of Construction 1. Completion of improvements shown in III A.1 and III A,2. Permits for 300,000 square feet of office and i0,000 square feet of commercial Permits for remaining buildout square footages authorized by the specific plan Certificate of occupancy for permits authorized to be issued in Phase III, including buildout of the spec/tic plan Project contribution to this improvement. Project mitigation improvement. ImprovenSents 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/ina. 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 pm of the CMP network, improvements will be designed for this location so that adequate levels of se.~-ice will be attained to meet CMP eligibility requirements. . EXHIBIT "A"