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Home My WebLink About03 CIP 800051 04-03-95AGE N ATE: APRIL 3, 1995 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION TRAFFIC SIGNAL INSTALLATION AT BRYAN AVENUE/ PARKCENTER LANE (C.I.P. NO. 800051) RECOMMENDATION It is recommended that the City Council, at their meeting of April 3, 1995, remove this project from the City's Capital Improvement Program and direct staff to refund cash deposits to resPective developers and exonerate the existing bond for this Improvement. FISCAL IMPACT Pursuant to Council direction, the City would refund. $37,500.00 to developers and exonerate an existing $25,000.00 bond. In doing so, unencumbered funds in the amount of $83,880.00 from the Project's budget (CIP No. 800051) would now be available for funding of other projects. BACKGROUND At the City Council meeting on December 5, 1994, the Council considered an item entitled "Project Overview and Approval of Plans and Specifications and Authorization to Advertise for Bids - Installation of Traffic Signal and Safety Lighting at Bryan Avenue and Parkcenter Lane". During discussion of this item, the Council considered the possibility of delaying this project until sometime in the future. Following discussion, the City Council, by unanimous motion, voted to continue this item. Council also directed staff to contact the developers who have contributed bonds/cash deposits tOward the subject project and request their input regarding retaining their bonds/cash deposits until such time as construction of the subject traffic signal is authorized. At the January 16, 1995 City Council meeting, a status update report of this item was considered by the City Council. A copy of the Agenda Item and corresponding Council minutes are attached for your information. DISCUSSION Pursuant to Council direction, staff prepared and mailed letters to the affected developers. To date, all three developers have responded and copies of their responses are attached to this report. The following summaries are provided regarding each response: lo Congregation B'nai Israel, which deposited $12,500.00 cash with the City for the traffic signal as a condition of approval of CUP 92- 044, has requested a full cash refund. They have also indicated that they will redeposit these funds at such time as the City decides to proceed with the traffic signal installation. Traffic Signal Installation at Bryan Avenue/ Parkcenter Lane (C.I.P. No. 800051) April 3, 1995 Page 2 · Bramalea, which deposited $25,000.00 cash with the City for the traffic signal as a condition of approval of Tract Map No. 13094 (Monterey Tract), is requesting reimbursement of the cash deposit. They have indicated that they are willing to replace the cash deposit with a $25,000.00 bond for the traffic signal installation. · California Pacific Homes, which posted a $25,000.00 bond for the traffic signal as a condition of approval of Tract Map No. 13080 (Maricopa Tract), has requested exoneration of the bond. According to the City Attorney, exoneration of this bond "rests on whether or not the five (5) year period has occurred and the City does not feel that the funds are needed based upon traffic warrant information". A copy of the City Attorney's response is attached. CONCLUSION The five (5) year period referenced'in the City Attorney's response occurred in February 1993. Based.upon traffic signal warrants previously prepared for the subject location, one minor signal warrant was met, which satisfied minimum requirements for the installation of a traffic signal at this time. However, according to the Caltrans Traffic Manual, satisfaction of minimum warrants does not necessarily justify the installation of a traffic signal. The decision to install a traffic signal should also consider delay, congestion, approach conditions, driver confusion, land use and other evidence of the need for right of way assignment beyond that which could be provided by the traffic signal. Based upon the above considerations, the Engineering DiVision is not recommending the installation of a traffic signal at the subject location at this time. Director of Public Works/ City Engineer TDS:DA:brysn.~ Douglas R. Anderson Transportation Engineer _J !11 BR~ ~ MAP 4O // - _J - L.___--~, 3759 J ~1376el CAMINO REAL ':" PARK " (I-5) SANTA ANA FOR 114( CITY OF 'TUS'llle FOR I~;,';r_RNA~ U~ ONL. Y. 't~ L~WT I~ NOT ~UARAN~ BY THE C~TY MAP 25 FREEWAY I.nter-Com DATE: JANUARY 16, 1995 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION STATUS REPORT: TRAFFIC SIGNAL INSTALLATION AT BRYAN AVENUE/ PARKCENTER LANE (C.I.P. NO. 800051) RECOMMENDATION It is recommended that the City Council, at their meeting of january 16, 1995, receive and file this report. FISCAL IMPACT There is no fiscal impact at this time. BACKGROUND At the City Council meeting on December 5, 1994, the Council considered an item entitled "Project Overview and Approval of Plans and Specifications and Authorization to Advertise for Bids - Installation of Traffic Signal and Safety Lighting at BryanAvenue and Parkcenter Lane". During discussion of this item, the Council considered the possibility of delaying this' project until sometime in the future. Following discussion, the City Council, by unanimous motion, voted to continue this item. Council also directed staff to contact the developers who have contributed bonds/cash deposits toward the subject project .and request their input regarding retaining their bonds/cash deposits until such time as construction of the subject traffic signal is authorized. DISCUSSION Pursuant to Council direction, staff has prepared and mailed letters to the affected developers. To date, only a.representative of Congregation B'nai Israel has made contact (telephone conversation) with the City. It was indicated by the representative of Congregation B'nai Israel that a letter would follow their telephone contact; however, none has been received to date. The City has not received any contact regarding this issue from Bramalea California or California Pacific Homes. Copies of the noted letters are attached for your information. Staff will follow-up on the letters if contact is not made by the developers. Once staff has received input from all developers, this item will be presented to the City Council for their consideration. Tim D.- Se~let ' Director of Public' Works/ City Engineer TDS:DRA:klb:bryaa AII~chm~t ~ougl~ R~. AnderSon Transportation Engineer Public Works / Engineering December 19, 1994 Mr. John Jessup Director of Project Management Bramalea California 100 Bayview Circle, Suite 200 Newport Beach, CA 92660 City of Tustin 300 Centennial Way Tustin, CA 92680 · ' (714) 573-3150 FAX (714) 832-0825 .. . Subject= Traffic Signal Installation at Bryan Avenue and Parkcenter Lane (P.W. File No. T-93-2) Dear Mr. Jessup: At the December 5, 1994 City Council meeting, the council discussed the .appropriateness of installing a traffic signal at Bryan Avenue and Parkcenter Lane at this time. As you may recall, the City has received development bonds/cash deposits from your company as a Condition of Approval for Tract Map No. 13094. At this time, the City is considering delaying construction of the subject traffic signal until sometime in the future. As such, cash funds and bonds that have been previously deposited for the subject project, will need to be held until such time as construction is scheduled to commence. Since the development bonds/cash deposits for this project would be normally held for a period of five years, and it is anticipated that this project may not be constructed within that five year time period, the City will retain the current bonds/cash deposits until such time as construction of the traffic signal is implemented. The City Council has requested that participating parties be contacted regarding this issue. We are requesting that you provide input by January 6, 1995, to allow us to prepare a timely response to the City Council. Thank you for your consideration of this matter. If you have any questions of input into this matter, please do not hesitate to contact me at (714) 573-3150. Sincerely,...- Tim D. Serlet Director ~of Public Works/City Engineer TDS: DA:brypc CC: William A. Hustoa Christine A. Shinglcton Dana R. Kasdan Douglas R. Anderson Public Works i Engineering December 19, 1994 Mr. John W. Robertson Director of Project Management California Pacific Homes 5 civic Plaza, Suite 100 Newport Beach, CA 92660 C ity of Tustin 300 Centennial Way Tustin, CA 92680 (714) 573-3150 FAX (714) 832-0825 subject: Traffio Signal Installation at Bryan Avenue Parkcenter Lane (P.W. File No. T-93-2) and Dear Mr. Robertson: At the December 5, 1994 City Council meeting, the Council discussed the appropriateness of installing a traffic signal at Bryan Avenue and Parkcenter Lane at this time.. As you may recall, the City has received development bonds/cash deposits from your company as a Condition of Approval for Tract Map No. 13080. At this time, the City is considering delaying construction of the subject traffic signal until sometime in the future. As such, cash funds and bonds that havebeen previously deposited for the subject project, will need to be held until such time as construction is scheduled to commence. · Since the development bonds/cash deposits for this project would be normally held for a period of five years, and it is anticipated that this project may not be constructed within that five year time period, the City will retain the current bonds/cash deposits until such time as construction of the traffic signal is implemented. The City Council has requested that participating parties be contacted regarding this issue. We are requesting that you provide input by January 6, 1995, to allow us to prepare a timely response to the City Council. Thank you for your consideration of this matter. If you have any questions of input into this matter, please do not hesitate to contact me at (714) 573£3150. Sincerely, Tim D. Serlet Director of Public Works/City Engineer TDS:DA:brypc cc: William A. Huston Christine A. Shingle, ton Dana R. Kasdan Douglas R. Andcrson Public Works / Engineering ii December 19, 1994 .... City of Tusti n 300 Centennial Way Tustin, CA 92680 ., " (714) 573-3150 FAX (714) 832-0825 Mr. Jay Witzling Congregation B'nai. Israel 2111 Bryan Avenue Tustin, CA 92680 subject: Traffic Signal Installation at Bryan Avenue and Parkcenter Lane (P.W. File No. T-93-2) Dear Mr. Witzling: At the December 5, 1994 City Council meeting, the Council discussed the appropriateness of installing a traffic signal at Bryan Avenue and Parkcenter Lane at this time. As you may recall, the City has received development bonds/cash deposits from your company as a Condition of Approval for CUP 92-044. At this time; the City is considering delaying construction of the subject traffic signal until sometime in the future. As such, cash funds and bonds that have been previously deposited for the subject project, will need to be held until such time as construction is scheduled to commence. Since the development bonds/cash deposits for this project would be normally held for a period of five years, and it is anticipated that this project may not be constructed within that five year time~ period, the City will retain the current bonds/cash deposits until such time as construction of the traffic signal is implemented. ~The City Council has requested that participating parties be contacted regarding this issue. We are requesting that you provide input by January 6, 1995, to allow us to prepare a timely response to the City Council. Thank you for your consideration of this matter. If you have any questions of input into this matter, please do not hesitate to contact me at (714) 573-3150. Sincerely, Tim D. Serlet Director of Public Works/City Engineer TDS:DA:brypc Willhm A. Huston Christine A. Shingleton Dm~a R. Kasdan Dobbs R. Anderson CITY COUNCIL MINUTES Page 3, 1-16-95 Lois Jeffrey, Interim City Attorney, stated she would meet with the Claims Administrator to draft a letter warning attorneys of the consequences for filing wrongful claims against the City. Council discussion followed regarding necessary action to prevent frivolous lawsuits filed against the City. It was moved by Potts, seconded by Wo~le¥, to reject subject claim for personal injury and property damages of an undetermined amount. Motion carried 4-0, Thomas absent. CONSENT'CALENDAR ITEM NO. 9 - STATUS REPORT: TRAFFIC SIGNAL INSTALLATION AT BRYAN AVENUE/PARKCENTER LANE Councilmember Worley requested an update from staff of developers' responses regarding retention of bonds/deposits and delaying construction of the traffic signal. She stated that under normal traffic conditions, one traffic signal per thousand residents was recommended; however, Tustin had approximately two traffic signals per thousand residents. She said that she did not want another signal installed unless it was absolutely necessary. It was moved by Potts, seconded by Worley, to receive and file subject report. Motion carried 4-0, Thomas absent. REGULAR BUSINESS (ITEMS 15 THROUGH 25) 15. PRESENTATION OF ASSESSMENT-DISTRICT REFUNDING Ronald Nault, Finance Director, reported that Council had directed staff to proceed with Assessment District Nos. 85-1 and 86-2 refunding. He stated the City's consultants, Bartle Wells Associates and Paine Webber Inc., would present an outline of the financing approach utilizing a Joint Powers Authority for the assessment district refunding. Council/staff discussion followed regarding forwarding the financing information for Audit Committee review. Lora Stovall, Bartle Wells Associates, summarized the financing concept, including the number and amount of City-issued fixed and variable-rate bonds; the financing team composition; the refunding approach; and Joint Powers.Authority. Council/speaker discussion followed regarding reasons for using the Joint Powers Authority structure.. Dan Gangwish, Paine Webber Inc., stated that the intention of the financing concept was to pool the fixed-rate properties into one bond issue to create better credit; establish AAA bond insurance; and reduce borrowing cost and residents' annual payments. Council/speakers/staff discussion followed regarding the process of residents' assessment district payments to the City and bond holders; evaluation of the City's credit standing by rating agencies and bond insurers; construction funds; County of Orange bankruptcy's impact on assessment district refunding; educating the market that the refunding was an assessment-based financing concept; and the importance of immediate action due to a potential interest rate increase. Lora Stovall, Bartle Wells Associates, summarized the bond issuance process and refunding.schedule. William Huston, city Manager, noted that formal agreements for the assessment district refunding would be presented.to Council at future meetings. SAN FRANCISCO LOS ANGELES SACRANIENTO 'PALO ALTO WALNUT CREEK SEATTLE .dORRISON & FOERSTER ATTORNEYS AT LAW 19900 MAcARTHUR BOULEVARD IRVINE, CALIFORNIA 92715-2443 TELEPHONE (714) 251-7500 TELEFACSIMILE (714) 25143900 NEW YORK WASHING'I~N, D.C. DENVER LONDON BRUSSELS HONG KONG TOKYO January 10,1995 Mr.'Tim D. Serlet Director of Public Works/" ' City Engineer City of Tustin 300 Centennial Way Tustin, California 92680 Re: Congregation B'nai Israel - Traffic Signal Installation at Bryan Avenue and Park Center Lane (Your File No. T-93-2) Dear Mr. Serlet: Jay Witzling of Congregation B'nai Israel ("CBI") has asked that I respond to your letter to him dated December 19, 1994 concerning the above-referenced matter. Inasmuch as the installation of the traffic signal at the corner of Bryan Avenue and Park Center Lane has been postponed for an indefinite period, it is CBI's preference to receive a refund of its $12,500 cash deposit. At such time as'the City determines to go forward with the installation of the traffic signal, CBI will redeposit this sum with the City. Accordingly, please prepare a check made payable to Congregation B'nai Israel in the amount of $12,500 and forward it to my attention at the address above. If you have any questions about the foregoing matter, please contact me. Thank you for your attention. Very truly yours, Andrew P. Bernstein APB/em cc: Mr.. Jay Witzling 253515 [807'02] 1 . . February 8, 1995 Mr. Tim D. Serlet City of Tustin Director of Public Works/City Engineer 300 Centennial Way Tustin, CA 92680 Dear Mr. Serlet, I have 'recieved your letter in regards to the Traffic Signal Installation at Bryan Avenue and Parkcenter Lane. Bramalea has a cash deposit for $25,000.00 as a Condition of Approval for Tract Map No. 13094 for the above mentioned signal. Bramalea respectfully requests reimbursement of of the $25,000.00 cash deposit and is willing to replace it with a $25,000.00 .bond. If you have any questions, please do not hesitate to contact me at (714) 509-4641. Sincerely, Director of Land Development cc. Emile K. Haddad, Bramalea January 26, 1995 Tim Serlet City of Tustin 300 Centennial Way Tustin, California 92680 Re: Maricopa, Tra~t 13080 Dear Tim: Per my conversation with Doug Anderson today this letter is to request the return of the following bond for. exoneration: -~.,, Bond No.: Dated: Amount: Type: Benefit of.' Surety: #11141199353 February 2, 1988 $25,000,00 Faithful Performance City of Tustin, American Insurance Company I have enclosed a copy of the bond for your reference. If you have any questions or need any additional information please give me a call. Thank you. Very truly yours, CALIFORNIA PACIFIC HOMF~ Helen Kelly Project Management Assistant \hrk Jon Robertson (w/o enclosure) Bond file he3m\bo~lsL~r353 CIvic r~& SUITE ~oo qEWI~ BEACH, CALIFORNIA 9266O r14/759-~782 FAX 7~4/644-7723 LAW OFFICES OF ROURKE, WOODRUFF & SPP~kDLIN TO: MEMORANDUM Doug Anderson, Public Works Department City of Tustin FROM: City Attorney % ..'STIN PUBLIC WORKS DEPT., DATE: February 24, 1995 RE: ~ Request for Exoneration of Traffic Signal Bond/Tract 13080 Exoneration of this bond is governed by Condition 1.12 of the Conditions of Approval for this final map. Condition 1.12 provides as follows: 'q-he developer shall provide obligation for 25% share of total traffic signal installation at Bryan Avenue at Park Center Lane. · A cash deposit or bond will be required for a five (5) year period after map recordation with a return clause if funds are not utilized or needed based on traffic warrant information." I do not recall that the bond actually includes such a return clause, but it is clear that the intent of the condition requiring the posting of a bond was. that the bond be exonerated if funds were not utilized or needed based on traffic warrant information. Accordingly, your .determination on as to whether or not the bond should be exonerated rests on whether or not the five (5) year pedod has occurred and the City does not feel that the funds are needed based on traffic warrant information. If we still believe the funds are needed based on traffic warrant information, but the signal' has not yet been installed, then I think it is fair for the City to take the position that even though the five (5) year period has passed, the bond should not be exonerated because the signal is still needed based on traffic warrant information. In the absence of a need based on traffic warrant information, it is my opinion that the City should exonerate the bond if the five (5) year period has occurred. 1100-00028 9300_1 Doug Anderson, Public Works Department City of Tustin February 24, 1995 Page 2 Please give me a Call if you have any additional questions or if you wish to discuss this further. / LOIS E. JEFi=REY Enclosure cc: William A. Huston, City Manager Tim Serlet, Director of Public Works/City Engineer 1100-00028 9300_1