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HomeMy WebLinkAbout27 - CIOSA Annual ReportJune 26, 2001 CITY COUNCIL AGENDA ITEM NO. 27 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: THE CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT ( CIOSA) ANNUAL REPORT RECOMMENDATION: Receive and file. DISCUSSION: In June 1993 the City of Newport Beach and The Irvine Company entered into the Circulation Improvement and Open Space Agreement ( CIOSA). This development agreement provided for the future development of the Irvine Company's remaining properties in Newport Beach, along with a commitment to dedicate 147 acres of open space and provide at least $20,600,000 for circulation system improvements. A CIOSA Improvement District was formed to finance the improvements through a special tax on the properties to be developed. In December 1995, the City and the Irvine Company executed a CIOSA Protocol Agreement that provided implementation details for the financing of the obligations of the original agreement. This annual report summarizes the expenditures funded through the CIOSA Agreement. There are three components to the CIOSA funding: Fairshare Contribution, Frontage Improvements, and the Advance (Loan). The Fairshare Contribution covers the Fairshare Fees due for the properties developed under the agreement. This amount was $1,398,428 and was deposited in the City's Circulation and Transportation Fund. The second component, Frontage Improvements, covers the costs of constructing arterial roadway improvements adjacent to the developed properties pursuant to the agreement. This amount was originally estimated to be $4,806,000 but the actual cost was $522,360. The final component, the Advance (Loan), was to be used to help advance the construction of improvements to the City's Circulation Element of the General Plan. The total available to the City is $14,395,572. This Advance of funds is considered to be a loan, which is repaid annually from 50 percent of the Fairshare receipts. To date $9,761,174 of the Advance has been utilized with $4,634,393 remaining. Revenues have been generated from the CIOSA Improvement District through two bond issues, bond prepayments, interest, and loan repayments from the City. SUBJECT: The Circulation Improvement and Open Space Agreement (CIOSA) Annual Report June 26, 2001 Page 2 Presently the revenues exceed the Advance balance by about $400,000 and this amount will be used to repay the bonds. The attached Exhibit 1 details CIOSA funding. Exhibit 1A details Frontage Improvement expenditures. Exhibit 1 B lists Possible Future CIOSA Projects that could be funded with the remaining $4,634,393 in CIOSA Advance (Loan) funds. The projects listed have been submitted and approved by The Irvine Company. Exhibit 1C details where $14,981,534 in CIOSA funds has been used to date. On May 31, 2001, the attached CIOSA Protocol Agreement Memorandum Exhibit Number 1 was submitted to the Irvine Company to clarify and further define several items in the Protocol Agreement. These items related to Dover Drive and other improvements next to the Castaways development, the final Frontage Improvement costs, the El Paseo Storm Drain, and the Possible Future CIOSA Projects list. No objections were received from The Irvine Company, and therefore this Memorandum is now an Exhibit to the Protocol Agreement. This report fulfills the requirements of the CIOSA Agreement to provide the City Council with an annual review of the expenditures related to the circulation system improvements and the revenues generated from the CIOSA Improvement District. Respectfully submittedJ"" �r PUBLIC WORKS DEPARTMENT Don Webb, Director Attachments: Exhibit 1: CIOSA Funding with exhibits 1A, 113, and 1C CIOSA Protocol Agreement Memorandum Exhibit Number 1 CIOSA FUNDING ADOPTED FUND SPLIT Fairshare Contribution $1,398,428 Frontage improvements $4,806,000 Advance (Loan) Amount $14,395,572 Total CIOSA Agreement $20,600,000 CIOSA EXPENDITURES Fairshare Contribution $1,398,428 Frontage Improvements $5,220,360 Advance to 1 June 2001 $9,761,174 Total $16,379,962 ADVANCE BALANCE Advance (Loan) Amount $14,395,572 Expended to 1 June 2001 $9,761,174 Advance (Loan) Remaining $4,634,398 CIOSA REVENUES Series A Bond $6,150,000 Series B Bond $8,000,000 Prepayments $4,615,420 Loan Repayment (Fairshare) $1,615,865 Loan Repayment (Fairshare) 2000/01 $240,000 Interest $789,301 Total $21,410,586 CIOSA FUNDS AVAILABLE CIOSA Revenue $21,410,586 CIOSA Expenditures $16,379,962 Total $5,030,624 ADVANCE(LOAN)REPAYMENT Advance Expended $9,761,174 Fairshare Loan Repayment $1,855,865 Balnce Remaining $7,905,309 EXHIBIT 1 06/18/2001 CIOSA FRONTAGE IMPROVEMENTS EXHIBIT 1A 06/18/2001 f:users /pwd /shared /CIOSA/CIOSA ACCOUNTING /Frontage Impw ESTIMATED COST PROPERTY EXHIBIT "C' ACTUAL COST San Diego Creek South $400,000 $536,452 (Baypoint Apts. Tr 14980) (Jamboree Rd /University Dr) Upper Castaways $600,000 $395,186 (Castaways Tr 15012) (Dover Dr /16th St) Passive Park Access $304,000 Newporter North $300,000 $478,572 (Harbor Cove Tr 15011) Jambore Rd /San Joaquin Hills Rd) Block 800 $130,000 $130,150 (The Colony Tr 15178) (San Clemente /Santa Cruz Traffic Signal) Freeway Reservation $1,260,800 $1,260,800 (Bonita Canyon Sports Park West) (1/2 Section MacArthur Blvd) Other Projects - 1/2 Section MacArthur Blvd. Newport Villiage (CdM Plaza, OS N. of Library) $807,000 $807,000 Big Canyon Area 16 (Big Canyon Villas Tr 12105) $1,308,200 $1,308,200 TOTAL $4,806,000 $5,220,360 EXHIBIT 1A 06/18/2001 f:users /pwd /shared /CIOSA/CIOSA ACCOUNTING /Frontage Impw w J m N a O N co O m fG 2 X w f0 O O O O NO ° O co O co bli fA O p O 0 N It w w Z N 0 0 O ° °- o° O Z o N M (+O) LL fA Fy N O_ °o_ °o °o_ w ° N °o o °o c7 °°o_ O 0 Q Vi Vi Vi O � O O O O O O O N ° O N 7 O O O 7 O co Cq Vi Vi N fA O IO O O 'o. O O ,OI I O O O O O IOC O O O O O J Q to lol ,o 0 0 0 0 0 ,O 0l 0 0 0 0 0 0 0 o O; i0 O I V, ICI 10 V O I N N O i0 V O 0 I O O N 0 MI I �, N 69 69 691 L6 N 69 o O' 'O 0 IO O O O (n O O IO 10 O O O w 0 S Z O O O ICOO O M O O O N V NI co 1NI I� 69i 69) 69, 69 NI V d) CO LL 1 69 , i0_.. O; _ O Q N Oi O' O o O o' .o. Ol O O N Z 0 101 I"T! I00I ; IV 10. 'N 'a0� 'IT O I0 O co = .NI ,V L 00 co ' I I `o N O 1 U C r U °OIC1 (51 U O 1 vl I— V o, Q) 3 Y 1 EI 1•C' NI o m m O o w 7 Q j a OI N1 ?1 C N is m •Vr O a � j > �, 'LI is �' > "'I N d 1 mI l Ni a .•C NI >. o =I O O N N .LIL C, C. U UI >. m L �. tij I zl i0- Ix1 IL'I r L I� N� I �I yi Q� El v v OI �I •- OI I �, Q 31 N N v- - c0, 1� I'- �; �I IU. �: z. j 1 -1 CI O N co O m fG 2 X w CIOSA IMPROVEMENTS EXHIBIT 1C f:users /pbw /shared /CIOSA/CIOSA ACCOUNTING /Improvment Cost 06118/2001 Advance PROPERTY Frontage (Loan) Total San Diego Creek South $536,452 $20,000 (Baypoint Apts. Tr 14980) (Jamboree Rd /University Dr) $556,452 Upper Castaways $395,186 $304,000 (Castaways Tr 15012) (Dover Dr /16th St) Passive Park Access $304,000 $1,003,186 Newporter North $478,572 (Harbor Cove Tr 15011) Jambore Rd /San Joaquin Hills Rd) $478,572 Block 800 $130,150 (The Colony Tr 15178) (San Clemente /Santa Cruz Traffic Signal) $130,150 MacArthur Blvd. Widening Coast Hw /Ford Road Freeway Reservation $1,260,800 (Bonita Canyon Sports Park West) (1/2 Section MacArthur Blvd) Other Projects - 1/2 Section MacArthur Blvd. Newport Villiage (CdM Plaza, OS N. of Library) $807,000 Big Canyon Area 16 (Big Canyon Villas Tr 12105 ) $1,308,200 MacArthur Blvd. Widening- Circulation El Improvement $1,958,584 Big Canyon Screen Wall $65,000 $5,399,584 Coast Hwy /Newport Blvd. (Arches Interchange) $4,441,637 Lower Big Canyon Mitigation area $15,843 $4,457,480 El Paseo Storm Drain $2,602,455 $2,602,455 Dover Dr /18th St/ Castaways Ln Traffic Signal $62,000 $62,000 Birch Street Bridge Widening over SR 73 $291,655 $291,655 TOTAL $5,220,360 $9,761,174 $14,981,534 EXHIBIT 1C f:users /pbw /shared /CIOSA/CIOSA ACCOUNTING /Improvment Cost 06118/2001 PRO WC01, AGREE \'I t;N'C �IENOR: \ \UU�I EX141BIT NUMBER 1 May 31, 2001 The Circulation and Open Space Agreement ( CIOSA) Protocol Agreement (executed December 11, 1995) in Section 5(H) provides for a memorandum to be prepared and attached to the agreement, which will memorialize implementation decisions reached pursuant to Section 5 — CIOSA Improvements/Procedures of the agreement. Section I(A) — Definitions: Frontage Improvements also provides for the term Frontage Improvement to be clarified in a memorandum. It is the intent of this memorandum to clarify Frontage Improvement definitions and to memorialize several implementation decisions. FRONTAGEIMPROVEMENTS Exhibit "C" of the CIOSA generally lists the properties and the frontage improvements that are attributed to that development. As of the date that this memorandum has been prepared, all of the frontage improvements have been completed. See attached Exhibit IA — CIOSA Frontage Improvements. The cost estimates for four of the property's frontage improvement have been exceeded by a total of $414,360, as follows: Property Exhibit C Estimate Actual Cost San Diego Creek South $400,000 $536,452 (Bay Pointe Tr. 14980) Upper Castaways $600,000 $699,186 (Castaways Tr. ISO 12) Newporter North $300,000 $478,572 (Harbor Cove Tr. 15011) Block 800 $130,000 $130,150 Totals $1,430,000 $1,844,360 It is agreed that for the purposes of defining the final cost of the Frontage Improvements, that the total estimated costs for all properties as shown in Exhibit "C" of the CIOSA of $4,806,000 will be increased by $414,360 to a final total cost of $5,220,360. In processing the payments for these Frontage Improvements, The Irvine Company has agreed that the total amount to be made available for circulation improvements will also be increased by the same amount (from $20,600,000 to $21,014,360). For the Upper Castaways property (Castaways Tract 15012) the Frontage Improvements were generally described as widening Dover Drive northerly of 16'h Street ($300,000) and grading for future widening of Dover Drive between Cliff Drive and 16'h Street ($300,000). In the planning and permitting process it became apparent that the Dover - 11%(:1:2_ -111110 1O(Y)1. MOMIENIEN'I \ EMOR,\,\I)t'M Drive improvements would need to be modified to include intersection work :It 16 °i SIIect and the approach to the Castaways Tract (now called Castaways Lane). Also right of way was provided for the future widening Of Dourer Drive and the improvements were modified appropriately. The intersection of Dover Drive and Wcstciiff Drive was also significantly improved to better transition the flow of traffic. These improvements cost a total of $699,196. Because some of the improvements were beyond the scope of frontage improvements the following split in costs were made for improvements northerly of 16'h street: Frontage Improvements - $395,186 and Advance (Loan) Improvements - $304,000. The anticipated Dover Drive grading between Cliff Drive and 16'h Street was to accommodate the access road to the Upper Castaways Passive Park. Due to environmental issues brought out in the development process, the park access was relocated to 16''' Street (now Castaways Lane). The City was required to exchange property and re -grade an area adjacent to Dover Drive to provide the necessary park access at a cost of $304,000. This amount is also considered to be a part of the Upper Castaways, Dover Drive Frontage Improvements. IMPLEMENTATION DECISIONS Pursuant to Section 5(H) of the Protocol Agreement this section will memorialize the following described implementation decisions relating to CIOSA improvements. El Paseo Storm Drain: This project provides the required added capacity for storm water runoff from the new developments in the Corporate Plaza West, Corporate Plaza, and Newport Village CIOSA properties. The storm drain expansion between East Coast Highway and the Newport Bay will mitigate drainage problems along East Coast Highway that would have impacted traffic flow on this roadway if the storm drain were not expanded. At the request of the Irvine Company, the City agreed to use CIOSA Advance funds for the storm drain construction in conjunction with The Irvine Company's approval of the City's proposal for the development of the San Diego Creek North property as an automobile dealership. Future Proiects: As of June 1, 2001 approximately $4,678,000 of CIOSA Advance funds remain available for the construction of circulation system improvements in the future. Attached as Exhibit 113 is a list of "Possible Future CIOSA Projects ", which includes an estimated date that the funds would be utilized. It is recognized that the estimated costs and dates of construction may vary. This list has been submitted to the Irvine Company for review. One of the projects, MacArthur Boulevard — West park Open Space is a continuation of the MacArthur Boulevard widening project. This project will provide for landscaping in the Freeway Reservation CIOSA property that was partially graded and left without landscaping when the roadway was widened. It is considered to be an environmental mitigation measure for the roadway project. A project not previously listed is the Coast Highway /Jamboree View Corridor. This project will provide for grading and landscape improvements to the Bayview Landing CIOSA property. These improvements will create a view of the Upper Newport Bay from both Coast Highway and Jamboree Road. The view corridor will enhance the roadside areas. IAUscrsU'bA 0,arcd\C'IOSAKIOSA ACCOUNI'INGWroto of Exhlbitdo 5/3112001 - VAGF.3 - IBOr0001.:�(:NF;F: ?1F;ST ?1F: ?K)lt:�]'ntl ?I EX1116IT NUM111E1Z I Most of the circulation related inlprovcnlcnts identified in the Traffic Study have been completed with CIOSA and other funds. Projects number I and 2 listed in Exhibit I - "Possible Future CIOSA Projects" were included in the Traffic Study. The remainder of the projects listed are circulation related improvements in addition to those included in the Traffic Study. 2001 Annual Review: Attached as Exhibit I C — CIOSA Improvements is a summary of the CIOSA expenditures, as of June 1, 2001, showing the split between Frontage Improvements and Advance (Loan) funds. This will be presented to the City Council as part of the annual review indicating that the projects listed have been accepted. This Protocol Agreement Memorandum Exhibit Number I was submitted to the Irvine Company on May 31, 2001 and as of June 11, 2001 no objections were received. In accordance with the conditions of the Protocol Agreement, it is deemed that the Company has consented to the improvements described in this memorandum. This memorandum will be submitted to City Council in conjunction with the annual review of CIOSA. I certify that the Protocol Agreement Memorandum Exhibit Number 1 was personally delivered to Norman W. Witt Jr., Vice President, Irvine Community Development Company, The Irvine Company at 550 Newport Center Drive, Newport Beach, California on May 31, 2001 and that as of June 11, 2001, no objections to the contents of the Memorandum were received from The Irvine Company. In accordance with the terms of the CIOSA Protocol Agreement, this Memorandum is now a part of the Protocol Agreement as Memorandum Exhibit Number 1. kvx(— June 11, 2001 Don Webb Public Works Director City of Newport Beach I: \Uscr \llbw)Sharcd \CIOSA \CIOSA ACCOUNTING\Proiocol 5xhibir.doc 6/1112001 CIOSA FRONTAGE IMPROVEMENTS EXHIBIT 1A 05131/2001 (:users/pwd /shared /CIOSA/CIOSA ACCOUNTING /Frontage Impry ESTIMATED COST" PROPERTY EXHIBIT "C" ACTUAL COST San Diego Creek South $400,000 $536,452 (Baypoint Apts. Tr 14980) (Jamboree Rd /University Dr) Upper Castaways $600,000 $395,186 (Castaways Tr 15012) (Dover Dr /16th St) Passive Park Access $304,000 Newporter North $300,000 $478,572 (Harbor Cove Tr 15011) Jambore Rd /San Joaquin Hills Rd) Block 800 $130,000 $130,150 (The Colony Tr 15178) (San Clemente /Santa Cruz Traffic Signal) Freeway Reservation $1,260,800 $1,260,800 (Bonita Canyon Sports Park West) (1/2 Section MacArthur Blvd) Other Projects - 1/2 Section MacArthur Blvd. Newport Villiage (CdM Plaza, OS N. of Library) $807,000 $807,000 Big Canyon Area 16 (Big Canyon Villas Tr 12105) $1,308,200 $1,308,200 TOTAL $4,806,000 $5,220,360 EXHIBIT 1A 05131/2001 (:users/pwd /shared /CIOSA/CIOSA ACCOUNTING /Frontage Impry U W O a a O U LU Ir D D LL U.l J m a O O N_ f") O m F CD X W - -TflTl O O O O {p O O O o O O O O N pi Qi O O 0 W an O O 00 O p Q W N » W Z O O 0 o O O Z O O_ 0 0 0 0 0 CT l- N f9 � fA � Q O 460 O O O O O O O N O O O O O O O ° O a O O O O W 460 460 bl� 69 69 69 cli io to o; ;oi IO! o; i0 !o! IoI o J o 0 0: of O; O; jo O 'O: 'OI :'O I'Oi Ico; 101 iO O j I CO O O iV'V iN! COi 169. Vl iLI IOI LO .Mi .CplM{ iN. :EA' :EA; Iln r EA :69 EA: N • 69 O •.O. O; .' i0i O O 0 0: o; o :o Oi o W p o' '.o: 'C) . o o C5 C)i S z O. N: co .�' O. ,COi O :V v M or NI O CF) •N' 'COi •N: CO O LL 'EA. ;EA. 1691 :691 !69 1 69 - - -- - IC) O I O iO I ; O I O I O I O 1 O O O O Zo; O ICS C)l o: to 0 0 0 O' CO v 1 N. of co O co Iv! I M O I V In �O O m CO U u 1691 69j 69 ;691 i69I V), 69 EA j I I N 1 U ca I I im I I Ir 0 oI oI c u N iD IU OI ci W > ! ;51 OI ° i o W E ca 1 -0i of a): LL �. �. m' .�: ;I g C U E ca ca U .2 Z N M V Cn CO Il- co O O N_ f") O m F CD X W CIOSA IMPROVEMENTS EXHIBIT 1C f:users /pbw /shared /CIOSA/CIOSA ACCOUNTING /Improvment Cost 0513112001 Advance PROPERTY Frontage (Loan) Total San Diego Creek South $536,452 (Baypoint Apts. Tr 14980) (Jamboree Rd /University Dr) $536,452 Upper Castaways $395,186 $304,000 (Castaways Tr 15012) (Dover Dr /16th St) Passive Park Access $304,000 $1,003,186 Newporter North $478,572 (Harbor Cove Tr 15011) Jambore Rd /San Joaquin Hills Rd) $478,572 Block 800 $130,150 (The Colony Tr 15178) (San Clemente /Santa Cruz Traffic Signal) $130,150 MacArthur Blvd. Widening Coast Hwy/Ford Road Freeway Reservation $1,260,800 (Bonita Canyon Sports Park West) (1/2 Section MacArthur Blvd) Other Projects - 1/2 Section MacArthur Blvd. Newport Villiage (CdM Plaza, OS N. of Library) $807,000 Big Canyon Area 16 (Big Canyon Villas Tr 12105 ) $1,308,200 MacArthur Blvd. Widening- Circulation El Improvement $1,936,361 Big Canyon Screen Wall $65,000 $5,377,361 Coast Hwy /Newport Blvd. (Arches Interchange) $4,441,637 Lower Big Canyon Mitigation area $14,093 $4,455,730 El Paseo Storm Drain $2,602,455 $2,602,455 Dover Dr /16th St/ Castaways Ln Traffic Signal $62,000 $62,000 Birch Street Bridge Widening over SR 73 $291,655 $291,655 TOTAL $5,220,3601 $9,717,2011$14.937,561 EXHIBIT 1C f:users /pbw /shared /CIOSA/CIOSA ACCOUNTING /Improvment Cost 0513112001