04-0106_DENAULT , DON_Agenda Report_D100
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
wwlv.sanjuancapistrano. org
January 8, 2004
Mr. Don DeNault
31862 Del Obispo Street
San Juan Capistrano, CA 92675
Dear Mr. DeNault:
Jsee •
'�J� 1 IA[1111t�1
awww 1961
1776
MEMBERS OF THE CITY COUNCIL
DIANE L. SATHGATE
JOHN S. GELFF
WYATTHART
JOESOTO
DAVID M. SWERDLIN
INTERIM CITY MANAGER
PAMELAGIBSON
A fully executed License Agreement related to the Del Obispo Street Drive Approach
Rehabilitation between Ortega Highway and Camino Capistrano, is enclosed. This
agreement was approved by the City Council on January 6, 2004.
If you have any questions concerning this project or the agreement, please contact the
Project Manager, Brian Perry, Senior Civil Engineer (949) 443-6353.
Yours truly,
'ban. CMC
Agreement
cc: Brian Perry, Senior Civil Engineer
William M. Huber, Engineering and Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
1]
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
IVIVIE sanjuancapistrano. org
MEMBERS OF THE CITY COUNCIL
DIANE L. SATHGATE
JOHN S. GELFF
MATT HART
JOESOTO
DAVID M. SWERDLIN
INTERIM CITY MANAGER
PAMELAGIBSON
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 7:00 p.m. on January 6, 2004,
2002 in the City Council Chamber in City Hall, to consider: "Consideration of
Acceptance of License Agreement for Del Obispo Street Driveway Approach
Rehabilitation between Ortega Highway and Camino Capistrano (DeNault) (CIP
No. 101)" — Item No. D10
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, January 5, 2004 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a blue "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Brian Perry,
Senior Civil Engineer. You may contact that staff member at (949) 443-6353 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.san'uancat)istrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-aoendas(a)sanivancaoistano.org.
Meg Monahan, CMC
City Clerk
cc: Don DeNault'; William M. Huber, Engineering and Building Director; Brian Perry,
Senior Civil Engineer
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
:* .. S • 1/6/2004
D10
AGENDA ITEM
TO: Dave Adams, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Consideration of Acceptance of License Agreement for Del Obispo
Street Driveway Approach Rehabilitation between Ortega Highwayand
Camino Capistrano (DeNault) (CIP No. 101)
RECOMMENDATION
By motion, approve the License Agreement for the rehabilitation of the driveway approach
on the DeNault's Hardware property, 31862 Del Obispo Street.
SITUATION
A. Summary and Recommendation
City staff has solicited a License Agreement to permit work on private property at
DeNault's Hardware. Staff is recommending acceptance of the License Agreement
so that improvements on both public and private property can be made at this
location as part of the Del Obispo Street Driveway Approach Rehabilitation Capital
Improvement Project.
B. Background
Del Obispo Street between Ortega Highway and Forster Lane serves a number of
businesses including a retail center, and several sit-down and drive-thru restaurants.
Each establishment is served by one or two individual driveways, resulting in
numerous conflict points as motorists enter and exit these establishments. In order
to improve traffic flow, the City is proposing to improve the characteristics of these
driveways at the McDonald's, Carl's Jr., DeNault's Hardware, and Marie Callendars'
properties.
Plans for the project were prepared in 1999 and 2000. The work is budgeted for
construction in FY 2003-2004.
,.— — ",,,,,.Pa yI .— .4,-1
Agenda Item January 6, 2004
Paqe 2
COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS
The project has been granted a mitigated negative declaration by Resolution No. 01-2-6-3.
Mitigation Measure #1: Requires the retention of the services of SOPA (Society of
Professional Archaeologists) - certified archaeologist who shall monitor all grading and
excavation activities which exceed a depth of 18 inches below finish grade for potential
impacts on cultural resources including archaeological, paleontological, and historic
resources.
Mitigation Measure #2: Requires construction related impacts to businesses shall be
minimized by: (1.) Occurring during off-season peak times in the fall or spring, (2.) Be
performed at night, in accordance with City Council Policy 505, and (3.) Be phased so that
only one half of a driveway and sidewalk is replaced at a time.
All conditions of the mitigation measures will be included in the construction contract
documents.
FINANCIAL CONSIDERATIONS
$150,000 has been budgeted in Account No. 12-65300-4703-101 in FY 2003-2004.
There are no financial considerations in accepting this license agreement.
NOTIFICATION
The following parties received notifications of this Council agenda item.
Don DeNault'
ALTERNATIVE ACTIONS
By motion, approve the License Agreement for the rehabilitation of the driveway
approach on the DeNault's Hardware, property 31862 Del Obispo Street.
2. Do not approve the License Agreement;
3. Request additional information from Staff.
Agenda Item January 6, 2004
Paae 3
RECOMMENDATION
By motion, approve the License Agreement for the rehabilitation of the driveway approach
on the DeNault's Hardware property, 31862 Del Obispo Street.
Respectfully submitted:
William M. Huber, P.E.
Director, Engineering and Building
W M H/BP:jk
Attachments: 1. Location Map
2. License Agreement
Prepared by:
Brian Perry, P.E.
Project Manager /
!c e
Capital Improvement Project #101
Del Obispo Street Driveways
*Project Sit
C•MIHO US �y.S �' I no sccdc
ATTACHMENT
CITY OF SAN JUAN CAPISTRANO
LICENSE AGREEMENT
DEL OBISPO STREET DRIVE APPROACH REHABILITATION
BETWEEN ORTEGA HIGHWAY AND CAMINO CAPISTRANO
LICENSE AGREEMENT (DE NAULT)
THIS LICENSE AGREEMENT is made this day of
2004, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to
as "City" and Don DeNault, hereinafter referred to as "Property Owner."
WHEREAS, Property Owner owns land more particularly described as "DeNault's
Hardware," at 31862 Del Obispo Street, Parcel 1 of Parcel Map #72-18;
and,
WHEREAS, City wishes to reconstruct and make improvements to the north driveway
approach to this property; and,
WHEREAS, both City and Property Owner wish this work to take place; and,
WHEREAS, construction work will be necessary on both private property and within the
public right-of-way:
NOW, THEREFORE BE IT DETERMINED, Property Owner and City agree as follows:
Grant of License
Property Owner hereby grants to City a license right to use a portion of Parcel 1
of Parcel Map 72-18 for the purpose of work more particularly shown on plan
titled "Del Obispo Street Drive Approach Rehabilitation between Ortega Highway
and Camino Capistrano," on file in the Office of the City Engineer and
incorporated herein by reference.
Hold Harmless
City agrees to save and defend Property Owner harmless from any and all
claims, judgments, or other liabilities, which may arise out of Performance of
City's Rights and Obligations under this agreement.
3. Hours of Work
Hours of construction work shall be 10pm to Gam.
ATTACHMENT
El
5.
0 0
Progression of Work
Only one half of the driveway approach shall be under construction at any one
time. The remaining driveway and half driveway shall remain fully useable
outside of work hours.
Asphalt may be removed and replaced for the driveway in one night time work
shift providing it is useable again by 6am.
Term
This License Agreement shall continue in full force and effect until the filing of a
Notice of Completion for the City construction project "Del Obispo Street Drive
Approach Rehabilitation between Ortega Highway and Camino Capistrano," or
the mutual agreement of the Parties to rescind the agreement.
DATED this day of - 2004 at San Juan Capistrano.
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
LV:7—
John R. ShaA City Attorney
CITY OF SAN JUAN CAPISTRANO:
an
JOE SOTO, MAYOR
Property Owner:
By: ✓
on DeN