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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