HomeMy WebLinkAboutOB 1 AMD P.M. 84-1032 10-21-85DATE:
OLD BUSINESS
'~ I- J>~ -21-85
Inter Corn
OCTOBER 21, 1985
TO:
FROM:
S U BJ ECT:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
COMMUNITY DEVELOPMENT DEPARTMENT
AMENDMENT TO CONOITION NO. 19 OF PARCEL MAP 84-1032, TUSTIN AUTO
CENTER
APPLICANT: The Irvine Company.
LOCATION:
Approximate location of area is bounded by the I-5 Freeway on
the south, Browning Avenue on the west, Bryan Avenue on the
north and Myford Road on the east.
REQUEST:
To amend the October 15, 1985 completion date for the E1Modena
Channel improvements shown in Condition No. 19 of Parcel Map
84-1032.
RECOMMENDED ACTION:
Staff recommends that the City Council, by adoption of Resolution No.
85-106, accept the recommendation of the Planning Commission and adopt the
amendment to Condition No. 19 of Parcel Map 84-1032 and set the completion
date at May 15, 1986, subject to the following additions to Condition No.
19.
That The Irvine Company pursue with all speed the O.C.E.M.A.
approval of alignment change, geometric configuration of channel,
hydraulic design, construction drawings for ultimate
undercrossings at Bryan Avenue and at E1 Camino Real, and
issuance of construction permits for channel by-pass construction
at Bryan Avenue.
City approval of interim channel improvements will be eligible
for Assessment District reimbursement only to the extent that
they are utilized in the ultimate channel design/improvement.
That The Irvine Company shall execute an agreement between The
Irvine Company and City of Tustin for said interim channel
improvements, wherein The Irvine Company will be responsible for
all maintenance of said channel, liability resulting from said
channel and all silt removal downstream of said channel which is
determined to originate from said earth channel.
October 21, 1985
Amendment to Condition No. 19
page two
SUF1FIARY:
Condition No. 19 of the subject parcel map required certain off-site
improvements to the E1Modena Channel. Those included:
a)
b)
removal of the bridge structure located at 2121-2125 Bryan
Avenue; and
the reconstruction of the box culvert at the Bryan Avenue
undercrossing easterly of Browning Avenue to the satisfaction of
the City Engineer.
These improvements were to commence prior to or concurrent with the
issuance of building permits, and were to be completed by October 15,
1985. Section {a) has been completed, but Section (b) will not be
completed by October 15, 1985. The Irvine Company is requesting that this
October 15, 1985 date be amended to May 15, 1986.
The Planning Commission considered this request with the support data and
public input at its meeting of October 21, 1985. The Commission adopted
Resolution 2275 by a vote of 4 ayes to 1 hoe, to recommend the amendment to
the Condition 19 to May 15, 1986 to the City Council.
The Planning Commission staff report of October 14, 1985 has been enclosed
for your review.
El)WARD M. KNIGHT
Senior Planner
EMK:em
Cornrnunity Development Department
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RESOLUTION NO. 85-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OV TUSTIN,
ADOPTING AN AMENDMENT TO CONDITION NO. 19 OF PARCEL MAP
84-1032 TO A COMPLETION DATE OF MAY t5, 1986 FROM OCTOBER
15, 1985, SUBJECT TO ADDITIONS TO CONDITION NO. 19
The City Council of the city of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
Ao
That Parcel Map No. 84-1032 was submitted to the City Council
pursuant to Ordinance No. 847 by The Irvine Co. for the purpose
of creating 16 lots from a portion of Lots 22, 23, 26, and 27 of
Block 44 of Irvine's Subdivision per a map filed in Book 1, Page
88 of Miscellaneous record maps, Orange County, California.
That The Irvine Co. is requesting an amendment to Condition No.
19 of said Parcel Map, requesting that the completion date for
improvements to the E1 Modena Channel be amended from October
15, 1985 to May 15, 1986.
C. That said map is in conformance with the Tustin Area General
Plan.
D. An Environmental Impact Report (84-2) has been certified to
comply with the California Environmental Quality Act'.
That the Planning Commission has adopted Resolution No. 2275,
recommending to the City Council that the subject amendment to
Condition No. 19 be adopted.
II.
The City Council hereby adopts the amendment to Condition No. 19 of
Parcel Map 84-1032 to show a completion date for improvements to the
E1 Modena Channel to May 15, 1986, subject to the following
conditions:
All other conditions of Parcel Map 84-1032 are still valid and
unchanged.
Be
That the following additions to Condition No. 19 shall be
included:
That The Irvine Co. pursue with all speed the O.C.E.M.A.
approval of alignment change, geometric configuration of
channel, hydraulic design, construction drawings for
ultimate undercrossings at Bryan Ave. and at E1 Camino
Real, and issuance of construction permits for channel
by-pass construction at Bryan Ave.
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Resolution No. 85-106
page two
2o
City approval of interim channel improvements will be
eligible for Assessment District reimbursement only to the
extent that they are utilized in the ultimate channel
design/improvement.
e
That The Irvine Co. shall execute an agreement between The
Irvine Co. and city of Tustin for said interim channel
improvements, wherein The Irvine Co. will be responsible
for all maintenance of said channel, liability resulting
from said channel and all silt removal downstream of said
channel which is determined to originate from said earth
channel.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the day of , 1985.
Attest;
FRANK H. GREINKE, Mayor
MARY E. WYNN, City Clerk
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RESOLUTION NO. 2275
A RESOLUTION OF THE PLANNING COMMISSION OF TNE
CITY OF TUSTIN, RECOMMENDING TO THE CITY COUNCIL
THAT CONDITION NO. 19 OF PARCEL MAP 84-1032 BE
AMENDED TO A COMPLETION DATE OF MAY 15, 1986 FROM
OCTOBER 15, 1985, SUBJECT TO ADDITIONS TO CONDITION
NO. 19
The Planning Commission of the city of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
Ae
That Parcel Map No. 84-1032 was submitted to the City Council
pursuant to Ordinance No. 847 by The Irvine Co. for the purpose
of creating 16 lots from a portion of Lots 22, 23, 26, and 27 of
Block 44 of Irvine's Subdivision per a map filed in Book 1, Page
88 of Miscellaneous record maps, Orange County, California.
Be
That The Irvine Co. is requesting an amendment to Condition No.
19 of said Parcel Map, requesting that the completion date for
improvements to the E1 Modena Channel be amended from October
15, 1985 to May 15, 1986.
Tha~ said map is in conformance with the Tustin Area General
Plan.
D. An Environmental I.mpact Report {84-2) has been certified to
comply with the California Environmental Quality Act.
II.
The Planning Commission hereby recommends to the City Council that
Condition No. 19 of Parcel Map 84-1032 be amended to show a
completion date for improvements to the E1Modena Channel to May 15,
1986, subject to the following conditions:
A. All other conditions of Parcel Map 84-1032 are still valid and
unchanged.
That the following additions to Condition No. 19 shall be
included:
That The Irvine Co. pursue with all speed the O.C.E.M.A.
approval of alignment change, geometric configuration of
channel, hydraulic design, construction drawings for
ultimate undercrossings at Bryan Ave. and at E1Camino
Real, and issuance of construction permits for channel
by-pass construction at Bryan Ave.
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Resolution No. 2275
page two
2. City approval of interim channel improvements will be
eligible for Assessment District reimbursement only to the
extent that they are utilized in the ultimate channel
design/improvement.
3. That The Irvine Co. shall execute an agreement between The
Irvine Co. and city of Tustin for said interim channel
improvements, wherein The Irvine Co. will be responsible
for all maintenance of said channel, liability resulting
from said channel and all silt removal downstream of said
channel which is determined to originate from said earth
channel.
PASSED AND ADOPTE~at a regular~eti~g o~ the Tustin Planning Commission,
held on the ~_.~,~/ day of y~f..Z~J--~.q--~ , 1985.
i~01~NA' ORR, RECORDING'SECRETARY
KATHY WEIL, Chairman
Report to the
Plannin Commission
~TEM NO. 3
DATE:
SUBJECT:
APPLICANT:
LOCATION:
OCTOBER 14, 1985
AMENDMENT TO CONDITION 19 OF PARCEL HAP 84-1032,
TUSTIN AUTO CENTER
THE IRYINE COMPANY
APPROXIMATE LOCATION OF AREA IS BOUNDED BY THE I-5 FREENAY ON THE
SOUTH, BROWNING AVENUE ON THE WEST, BRYAN AVENUE ON THE NORTH AND
MYFORD AVENUE ON THE EAST.
REQUEST:
TO AMEND THE OCTOBER 15, 1985 COMPLETION DATE FOR THE EL MODENA
CHANNEL IMPROVEMENTS DETAILED IN CONDITION NO. 19 OF PARCEL MAP
84-1032.
BACKGROUND:
On January 14, 1985, the Planning Commission adopted Resolution No. 2207
recommending that Parcel Map 84-1032 be approved by the City Council. The City
Council approved this parcel map at its January 21, 1985 meeting, by the
adoption of Resolution No. 85-11.
In keeping with the recommendation of flood studies prepared for the
environmental impact report, a condition was added to the map that detailed
certain off-site improvements to the E1 Modena Flood Channel. These
improvements included:
a) removal of the bridge structure located at 2121-2125 Bryan Avenue; and
b)
the reconstruction of the box .culvert at the Bryan Avenue undercrossing
easterly of Browning Avenue to the satisfaction of the City Engineer.
These improvements were to commence prior to or concurrent with the issuance of
building permits, and were to be completed by October iS, 1985. Section (a) has
been completed, but Section (b) will not be completed by October 15, 1985. The
Irvine Company is requesting that this October 15, 1985 date be amended to May
15, 1986.
DISCUSSION:
In evaluating this request, the main issues that surface include the timetabl~
for improvements to the channel in accordance with the map condition, and the
impact on the drainage system in the area by improvements to the Auto Center and
Phase I site.
Community Development Department
Planning Commission
Auto Center
page two
Enclosed with this staff report is a letter from The Irvine Company outlining
the process involved to construct improvements to the E1 Modena Channel.
Briefly, in order to optimise retail development in the Mixed Use area east of
the Auto Center, it was determined that the E1 Modena Channel should be
relocated adjacent to the Tustin Auto Center. This new ~lignment of the channel
has impacted the scope of improvements and the schedule for constructing the
improvements. Although the County is not concerned with the new location of the
channel, processing the plans for approval through the County has been difficult
and has caused delays. Plans have been submitted to the County and still are
being processed through the O.C.E.M.A. for approval.
In order to meet the Tustin Auto Center/Phase I residential flood control
requirements, The Irvine Company, working with the City Engineer, propose the
following program:
Obtain permits and construct a bypass along an east-west section of the E1
Modena Channel, as shown in the enclosed exhibit.
Start construction on the ultimate facilities for the bridge and channel
sections at Bryan Avenue and E1Camino Real, when the bypass is complete.
o
Grade, Construct and open an interim channel from Bryan Avenue to the
connection near the Santa Ana freeway, located approximately 470 feet
westerly of the existing E1 Modena Channel, along the Eastern boundary of
the Auto Center.
By relocating the interim earth channel, the construction of these interim
facilities and channel undercrossings at Bryan Avenue and E1 Camino Real would
be in a dry condition, and not subject to the O.C.E.M.A. restriction on channel
work after October 15th. The Company anticipates that the permit to start this
construction can be secured by October 31, 1985. They further anticipate that
all improvements can be completed, barring unforeseen problems, by April, 1986.
The Company is requesting, with a reasonable contingency, that Condition No. 19
be altered from a completion date of October 15, 1985 to May 15, 1986.
Although the undercrossing of Bryan Avenue will be an ultimate facility and meet
the intent of Condition No. 19(b), the remaining channel is an interim earth
facility, and O.C.E.M.A. will not accept or maintain the channel. They will not
accept this responsibility until the ultimate channel is completed; and this is
scheduled to occur with the formation of the assessment district. It will be
the responsibility of the city to assume the maintenance/liability of this
interim facility. Since this proposal comes from The Irvine Company, the
financial/operational responsibilities of the maintenance program should not be
borne by the city. It is recommended that The Irvine Company, through an
agreement with the city, be responsible financially and operationally for said
responsibilities.
Community Development Department
Planning Commission
Auto Center
page three
The other issue is the impact of improvements in the area without the
construction of the box culvert under Bryan Avenue. The approvals of the Auto
Center and Phase I covered an area approximately bounded by Browning Avenue,
Bryan Avenue, the I-5 freeway, and the eastern boundary of the Auto Center. To
this date, the Auto Center site has been rough graded and bermed and Phase I is
being rough graded and bermed to the railroad berm. No grading has taken place
west of the berm.
The current assessment of drainage conditions in the area is drawn from the
flood control report prepared by Robert Bien William Frost & Associates (RBF)
for the environmental impact reports done for each project. A representative
from RBF will be at the Commission meeting to further elaborate on this subject.
According to the report, the removal of the bridge adjacent to Bryan Avenue
increased the conveyance of the channel from 700 cbs to 1350 cfs. This measure
will reduce the frequency of flooding along Browning Avenue. Eliminating the
two restrictions causes a reduction in the flooding depth that the residents
along Browning Avenue will experience.
The report goes on to say that creating a berm around the Auto Center site
displaces the.greatest volume of water because of the location of the natural
sump in the south east corner. The volume displaced by this project amounts to
76 acre feet which creates a five-inch rise in water surface in surrounding
areas. The influence of this rise in water surface level would extend westerly
to the existing railroad embankment where existing topographic features will
prevent the spread of flood water. According to this report, the grading and
berm of the Auto Center will not affect the flooding potential in existing
residential areas, which are west of the railroad embankment.
Currently, no grading has been allowed west of the railroad embankment.
According to the exhibits enclosed, this area is the main storage for shallow
flooding conditions, with areas east of the embankment left unaffected by the
flood water. Preventing grading west of the railroad embankment should serve
the purpose of leaving the surrounding area in the same state of flood potential
as in previous years. In reality, the removal of the bridge as a restriction
should improve conditions in the area by reducing the flooding depth along
Browning.
Although staff cannot condition the Auto Center parcel map to prevent grading in
another tract, the tract in question (no. 12345) has a condition {no. 30) which
prevents the issuance of a grading plan until a storm drain phasing plan has
been prepared and submitted by The Irvine Company and approved by the City
Engineer. This plan has been completed by the Company and reviewed by the City
Engineer. It is the determination of the City Engineer that no grading should
take place west of the railroad embankment until the interimby-pass channel and
and overflow weir have been constructed.
Community Development Department
Planning Commission
Auto Center
page four
It must be noted that even with the required off-site improvement, the E1Modena
Channel will still be under capacity for areas north of Bryan/Browning, through
the project area, and south Qf the I-5 freeway. The proposed assessment
district will cause the channel to be improved to ultimate capacity for the
project area, approximately from Bryan/Browning to the Santa Aha Freeway (I-5),
yet the berms must stay in place until ultimate channel improvements are made
within the upper tributaries of the channel. To quote RBF's report: "At the
present time, there is no advantage to constructing ultimate channel
improvements for the reach adjacent to the project since no measurable level of
increased flood protection would be achieved due to the under-capacity of
existing channel facilities in the upper reaches of the watershed."
RECOMMENDATION:
Staff recommends that the Planning Commission, by the adoption of Resolution
No. 2275, recommend to the City Council that Condition 19 of Parcel Map 84-1032
be amended and that the completion date be set at May 15, 1986 instead of
October 15, 1985, subject to the following additions to Conditions No. 19.
That The Irvine Company pursue with all speed the O.C.E.M.A. approval of
alignment change, geometric configuration of channel, hydraulic design,
construction drawings for ultimate undercrossings at Bryan Avenue and at
E1 Camino Real, and issuance of construction permits for channel by-pass
constructidn at Bryan Avenue.
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City approval of interim channel improvements will be eligible for
Assessment District reimbursement, only to the extent that they are
utilized in the ultimate channel design/improvment.
o
That The Irvine Company shall execute an agreement between The Irvine
Company and city of Tustin for said interim channel improvements, wherein
The Irvine Company will be responsible for all maintenance of said
channel, liability resulting from said channel and all silt removal
downstream of said channel which is determined to originate from said
earth channel.
EI~WARD M. KNIGHT,
Senior Planner
EK:do
enc.: Irvine Co. letter dated Oct. 1, 1985
Memo from Bob Ledendecker, dated Oct. 8, 1985
exhibits
. Community Development Department
IRVII COMMUNITY
DEV LOPMC-'NT COMPANY
October l, 1985
Mr. Donald Lamm
Director of Community Development
City of Tustin
300 Centennial Way
Tustin, California 92680
Re: Tentative Parcel Map 84-1032 (Tustin Auto Center)
Tentative Tract Map 12345 (Phase I Residential)
Dear Don:
As you know during the time since approval of Tentative Parcel Map 84-1032
and Tentative Tract Map 12345 we have been working with the County of Orange
and Bob Ledendecker, the City Engineer, in regards to the improvements to
the E1Modena Channel. During this process a number of changes have occurred
to the work program and schedule to make the required improvements.
In evaluating the future retail development opportunities in the mixed use
area it was determined that the relocation of the E1Modena Channel adjacent
to the Tustin Auto Center was the best ultimate alignment. This allows the
mixed use area to be planned for optimal use in a manner beneficial to both
The Irvine Company and the City of Tustin. The enclosed map illustrates
the new planned channel location. The County of Orange, who wilt ultimately
maintain the channel, has been reviewing our studies and have not expressed
any concerns with the new channel alignment.
Unfortunately, the new alignment of the channel has impacted the scope of
improvements and the schedule for constructing the improvements. The processing
for approval of the 'improvements with the County of Orange has also been
difficult and has delayed us significantly. The county has just recently
agreed to check the construction plans which they have had since June.
In an effort to meet the Tustin Auto Center/Phase I Residential project's
flood control requirements and the county requirements, we have, along with
Bob Ledendecker, worked out the following program.
Obtain permits to construct a bypass of the existing channel to allow
construction of the Bryan Avenue crossing. The same permit would allow
'a tie in of the future channel near the freeway. This will allow the
existing channel to remain operational until the new alignment of the
channel is complete. It will also allow work on the new channel facilities
to proceed into the rainy season after October 15th.
550 Newoorl Center Drive, BO. Box I, Newport Beach, Califorma 92658-8904 (714) 720-2000
A O~v,s,on of The Irv~ne Company
Letter, Mr. Lamm
October l, 1985
Page Two
2. Start construction of the bridges and channel section at Bryan Avenue
and E1Camino Real when the bypass is complete.
3. Grade, construct and open an interim channel from Bryan Avenue to the
connection near the Santa Ana freeway.
The attached schedule outlines the dates for processing and construction.
Unfortunately, the work program for the channel and the processing has taken
longer than anyone anticipated and it is not possible to complete the
modifications to the channel as specified in condition #19 of the Conditions
of Approval for Tentative Parcel Map 84-1032. As you know, that condition
required removal of the bridge structure along Bryan Avenue (which has been
completed) as well as reconstruction of the box culvert undercrossing at
Bryan Avenue by October 15, 1985.
The attached schedule is current and contains our most optimistic thinking
with no contingency for delays due to rain or unforseen processing problems
with the county. In conjunction with this schedule and a reasonable contingency
we request that Condition #19 of the Conditions of Approval for Tentative
Parcel Map 84-1032 be amended to change the completion date from October
15, 1985 to May t5, 1986.
It has always been our intent that the interim channel improvements be completed
as soon as possible. This is still our goal. We feel that the work program
identified in this letter is the first step towards completing regional flood
control improvements.
We think you will agree that it is critical that this matter be heard before
the Planning Commission prior to October 15, 1985. If there is anything
we can do to help you expedite this matter please let us know.
Sincerely,
THE IRVINE COMMUNITY DEVELOPMENT COMPANY
Michael C. Ellis
Vice President,
Land Development
10.
Pro ect
Submit project report and interim
channel plans to county.
Met with county to review report
and interim channel plans.
Received county con~ents, revise
and resubmit report.
Received county coammnts, revise
and resubmit report.
Submit permit application for
temporary bypass channel.
Receive county comments, revise
and resubmit report·
Start county review of interim
plans.
County approval of project report.
County approval of permit for
bypass channel and start construction.
City approval Of bridge plans for
Bryan Avenue and E1 Camino Real
Start construction.of Br~an Ave.
and E1Camino Real .bridges.
12. County approval of interim
channel 'Flans
13. Complete construction
of bridges
14.
15.
Start interim channel
improvements
Complete and open interim
channel.
Date
Dune, 1985
Duly, 1985
August, 1985
September, 1985
September, 1985
October 3, 1985
October 7, 1985
October 31, 1985
October 31, 1985
November, 1985
November,:.lg85
_De·ember, 1985
February, 1986
February, 1986
April, 1986
Status
Complete
Complete
Complete
Complete
Complete
Complete
Complete
In Process
Permit in
Process
Plans .in
Process
Plans in
Process
DATE:
OCTOBER 8, 1985
TO:
FROM:
SUBJECT:
DON LAMM, COMMUNITY DEVELOPMENT DIRECTOR
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
PARCEL MAP NO. 84-1032
BACKGROUND:
The following is a recap of past City actions pertaining to Parcel Map No. 84-1032
(Tustin Auto Center):
January 14, 1985
Planning Commission adoption of Resolution No. 2207
recommending approval of Tentative Parcel Map No.
84-1032 as conditioned.
January 21, 1985
City Council adoption of Resolution No. 85-11 approving
Tentative Parcel Map No. 84-1032 as conditioned.
June 10, 1985
Planning Commission adoption of Resolution No. 2245
recommending approval of Final Parcel Map No. 84-1032
as conditioned.
June 17, 1985
City Council adoption of Resolution No. 85-87 approving
Final Parcel Map No. 84-1032.
The Irvine Company, subdivider of the properties within Parcel Map No. 84-1032,
have requested an amendment to Condition No. 19 of Parcel Map No. 84-1032.
Condition No. 19 reads as follows:
° Modifications to improve flood control capabilities of the E1Modena-
Irvine Flood Control Channel consisting of:
a. Removal of bridge structure located at 2121-2125 Bryan Avenue.
The reconstruction of the box culvert at the Bryan Avenue under-
crossing easterly of Browning Avenue to the satisfaction of the
City Engineer.
Said modifications shall be commenced prior to or concurrently with the
issuance of building permits for any structures in the project area with
completion on or prior to October 15, 1985.
The Irvine Company is requesting an amendment to the above mentioned Condition
No. 19. As of the writing of this memo, the scope of the amendment has not been
defined in writing by The Irvine Company.
PARCEL MAP NO. 84-1032
OCTOBER 8, 1985
PAGE 2
DISCUSSION:
At the time of the final parcel map approval when Condition No. 19 was applied,
The Irvine Company plan was to make the required improvements to the E1
Modena-Irvine Channel undercrossing of Bryan Avenue within the existing alignment
of the facility. Hence, the completion dates of October 15th were applied as
requirements of theOrange County Environmental Management Agency (O.C.E.M.A.) or
Flood Control District. These requirements do not allow any substantial
reconstruction/work within a major waterway between October 15th and April 15th
under normal circumstances.
Since the initial parcel map approval, The Irvine Company has opted to realign the
E1Modena-Irvtne Channel approximately 470 feet westerly to the easterly edge of
the Auto Center. This relocation will provide the following:
° Composite land mass between the Channel and Myford Road for improved
land use and development.
Potenti al
E1 Cami no
O.C.E.M.A
for constructing channel undercrossings at BrYan Avenue and
Real in a dry condition, which would not be subject to the
· construction date restrictions.
As of this date, The Irvine Company has completed a portion of Condition 19. This
completed portion is Section "a", which consists of the removal of the bridge
structure located at 2121-2125 Bryan Avenue. In addition to this removal, The
Irvine Company has also removed the abandoned A.T. and S.F. Railroad bridge across
the channel which also served as a constriction to storm flows.
Due to the realignment of the channel, Condition 19b has not been commenced.
Plans are still being processed through O.C.E.M.A. for approval. The major
components of the project approval are as follows:
Change of alignment
Geometric configuration of channel
Hydraulic design
Issuance of permit for channel bypass construction
Construction drawings
Until these approvals/confirmations have been received from O.C.E.M.A. the Bryan
Avenue undercrossing can not be commenced.
The Irvine Company proposes to construct an interim earth channel between Bryan
Avenue and the I-5 Freeway as well as the ultimate facilities at the Bryan Avenue
and E1Camino Real undercrossings. The O.C.E.M.A. will not accept/maintain an
interim earthen facility due to their major concerns pertaining to erosion and
silt deposition downstream. In order to build this interim facility it will be
necessary for the City to assume the maintenance/liability of the interim earthen
channel, as well as the responsibility for all downstream silt removal resulting
from said interim channel. The financial/operational responsibilities of the
maintenance program should not be borne by the City, therefore, it is suggested
that The Irvine Company, through an agreement with the City, be responsible
financially and operationally for said responsibilities.
TENTATIVE PARCEL MAP NO. 84-1032
OCTOBER 8, 1985
PAGE 3
The realignment of the E1Modena-Irvine Channel creates an additional problem with
respect to the timing and construction of E1Camino Real (Laguna Road) as it
relates to crossing the existing E1Modena-Irvine Channel. This existing channel
cannot be abandoned/removed until such time the ultimate realigned channel is
completed by Assessment District construction and accepted by the O.C.E.M.A., or
until an adequate crossing facility is in place. The original committed schedule
for the completion of E1Camino Real was January 1, 1986. The earliest feasible
date for completion under the proposed scenario is April 1, 1986 dependent upon
approvals of O.C.E.M.A.
All discussions regarding the channel realignment and interim improvements have
been based upon the formation of an Assessment District (No. 85-1) which would
provide funding for the ultimate channel improvements as welt as other
infrastructure improvements. The final formation of the Assessment District is
currently underway and it is estimated to be in place and bond sale completed
after the first of the year, about two months after the certification of the East
Tustin Specific Plan EIR. In the event the certification of the East Tustin EIR
is delayed, the funding vehicle for and construction of the ultimate E1
Modena-Irvine Channel improvements will also be delayed accordingly. This could
extend the City's responsibility for maintenance on the interim channel
improvements for an indefinite period of time.
In the event Condition 19b of Planning Commission Resolutions No. 2207 and 2245
are amended, the following pertinent requirements should be completed prior to any-
amendment:
O.C.E.M.A. approval of alignment change, geometric configuration of
channel, hydraulic design, construction drawings for ultimate
undercrossings at Bryan Avenue and at E1 Camino Real, and issuance of
construction permits for channel by-pass construction at Bryan Avenue.
2. City approval of interim earth channel improvements, which would not be
included in Assessment District reimbursement.
Execution of Agreement between The Irvine Company and City of Tustin for
said interim channel improvements, wherein The Irvine Company would be
responsible for all maintenance of said channel, liability resulting from
said channel and all silt removal downstream of said channel which is
determined to originate from said earth channel.
'Bbb Led-endecker
Director of Public Works/City Engineer
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