Exhibit 22: City Council Questions to Staff from September 17, 2024 Hearing
1. How will the truck construction routes be established? Do we know where they will be? Will there be time restrictions on truck travel? How will residents be notified of the restrictions?
The Mitigation Monitoring Reporting Program (MMRP) of the project’s Supplemental Environmental Impact Report (SEIR) authorizes to the City’s Public Works Agency to define the allowable truck routes for the project. The precise route is generally determined during the implementation phase of development. Responsive to the Council direction and to address public concerns expressed during the public hearing, Staff is recommending that the City Council consider specifying the following restrictions to be added to the draft Specific Plan in Chapter 6.0 – Implementation, as follows:
Trucking and Construction Hauling During Project Construction:
Travel Restrictions: Trucks can only use truck routes designated in the General Plan Mobility Element that are located directly along the project site to travel to and away from the site.
Direct Path Requirement: Trucks must take the shortest and most direct route to and away from the site to nearest freeway on- and off-ramps.
Residential Proximity Limits: Trucks are prohibited from using those routes to travel to and away from the site if there are residential uses fronting the street or are located within 300 feet of the street.
Noise Restrictions: All noise sources associated with construction and truck hauling activities shall not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday.
Site Posting & Notification Requirements: Applicant shall notify in writing to all contractors requiring compliance with the above restrictions and shall post the name and 24-hour contact phone number for reporting of issues consistent with the requirements of Section 6.2.10(5) of the Specific Plan. An advance notice providing the 24-hour contact information for this site shall be mailed to all tenants and property owner within a 1,000-foot radius at least 30 days prior to the start of each of the three major construction phases of the project as identified in the Specific Plan.
2. Does the City have an equitable plan or idea on how the $22 million community benefit revenue will be used?
The budgeting and spending of the $22 million community benefit payment will be implemented through the City Council’s annual budget adoption process.
Exhibit 22: City Council Questions to Staff from September 17, 2024 Hearing
During its public hearing and consideration of the item on August 12, 2024, the Planning Commission recommended formation of a citizen oversight committee to make recommendations to the City Council on the budgeting and spending of the $22 million community benefit payment; this recommendation is documented in the September 17, 2024 City Council staff report prepared for the item.
3. Can staff include establishment of an oversight committee for the project?
A revision can be made to Staff Report Exhibit 4 (Ordinance approving the Development Agreement) to establish a citizen oversight committee. The necessary revision would be implemented by modifying Section 3 with a new sentence to read:
The spending of the Community Benefit Payment or similar payment to the City for public benefits referenced by the Development Agreement shall be overseen through a Citizen Oversight Committee, whose formation, structure, purpose, and membership shall be established by Resolution of the City Council, and who shall make recommendations to the City Council prior to budgeting and spending of the first Community Benefit Payment or similar payment by the City, and through subsequent recommendations thereafter prior to the budgeting and spending of the Community Benefit Payments.
4. How will traffic signals be impacted by construction?
The traffic study identified the need for 7 traffic signal improvements which are to be fully funded by the developer. Additionally, there are 6 other impacted intersections where the developer is only responsible for a share of the cost of improvements. The table below summarizes the requirements.
Location Improvement
(New Signal or
Upgrade of
existing)
Developer’s
Cost Share
Plaza & Callen
Common
New 100%
Plaza & MacArthur Upgrade 100%
Sunflower & Paseo New 100%
Bristol & MacArthur Upgrade 100%
Bristol & Callens Upgrade 100%
Bristol & Driveway New 100%
Bristol & Sunflower Upgrade 100%
Exhibit 22: City Council Questions to Staff from September 17, 2024 Hearing
Location Improvement
(New Signal or
Upgrade of
existing)
Developer’s
Cost Share
Fairview & Segerstrom Upgrade 2.51%
Bristol & Segerstrom Upgrade 6.7%
Flower & Segerstrom Upgrade 4.1%
Flower & MacArthur Upgrade 17.99%
Main & MacArthur Upgrade 15.65%
Bear & SR-73 Upgrade 6.31%
5. What issues did the Council ad hoc address?
The Development Agreement (DA) addresses key terms of importance to the community in accordance with California Government Code Section 65864 et
seq. Specifically, the DA addresses the following priorities of the City Council Ad Hoc committee that was formed in October 2023 to address the DA’s deal points:
• Recordation
• Term (Duration of the DA) and Extension
• Timing (Phasing of the project)
• Community Benefits, including the $22 million community benefit payment • Hotel Economic Benefits
• Open Space
• Inclusionary Housing
Additional information and analysis of these deal points is contained within the September 17, 2024 City Council staff report prepared for the item, including Exhibits 4 and 7 to the staff report.
Throughout the duration of its ongoing meetings, the ad hoc committee evaluated additional considerations for the DA. Ultimately, the following items were discussed and were not included in the final recommended DA:
• Two additional five-year term extensions
• Local hire & active marketing
• Business retention
• Labor agreements
• Multi-use community center or library
• Police Department substation (ultimately included in the Specific Plan document, Section 6.2.12)
Exhibit 22: City Council Questions to Staff from September 17, 2024 Hearing
• Public art and a public art fee (public art design and locations ultimately addressed in the Specific Plan document, Section 5.11)
• Contribution of funding towards making repairs and upgrades to existing fire stations owned by the City
• “Green” building and site design features, such as water conservation, Leadership in Energy and Environmental Design (LEED) building designs, electric vehicle parking, electric appliances, photovoltaic panels, ecology and wellness, street improvements, utility enhancements, and traffic improvements (ultimately included in the Specific Plan document, Sections
5.8 and 5.9)
• Formation of an Enhanced Infrastructure Financing District (EIFD) • Multiple options to comply with the Affordable Housing Opportunity Creation Ordinance (AHOCO)
The ad hoc committee originally stood firm in negotiations on the fact that it encouraged Related to commit to entering into a Project Labor Agreement.
Ultimately, it was decided that requiring such an agreement would unfairly impact discussions and negotiations between Related and the union representatives.
Related assured the ad hoc committee that it would work with the unions and that upon presentation of the project to the City Council they would work to ensure that the unions supported the project as being in the best interests of the community and union workers.
6. Will the City’s CWA requirements apply to the project?
No; the City’s CWA requirements only apply to public improvement projects and affordable housing projects that are built by the City or receive City funding. The public improvements required of the development are being built by the developer at the developer’s cost with no funding from the City.
However, the CWA does apply to City public improvement projects. As such, the CWA would apply to the offsite public infrastructure work that the City will generally construct, including work for which the Developer will pay a proportionate share of the costs. Public infrastructure anticipated by the City includes storm drain line extensions, street intersection improvements, water and sewer improvements, etc. The value of such improvements was previously estimated by DTA to be approximately $80 million.