06-0801_DAVID VOLZ DESIGN_Agenda Report_D90 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 1 day of August, 2006 between
the City of San Juan Capistrano (hereinafter referred to as the "City") and David Volz
Design (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to complete final
engineering design and prepare construction plans, specifications and cost estimates for
the Los Rios Park master plan, encompassing a passive park and parking lot on
approximately four acres within the City's historic Los Rios District, in accordance with
Planning Commission's approval of Architectural Control (AC) 05-09 on April 25, 2006 by
adoption of Resolution PC 06-04-25-2; and Cultural Heritage's approval of Site Plan
Review (SPR) 05-04, by adoption of Resolution CHC 06-02-28-2; and,
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Services.
The scope of services to be performed by Consultant shall consist of those tasks as
set forth in Exhibit' A," attached and incorporated herein by reference, and in compliance
with all of the Conditions of Approval for AC 05-09 and SPR 05-04 (Los Rios Park Master
Plan) as set forth in Exhibit "B" .
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of its
profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed by no later than February 1, 2007,
provided however that Consultant shall not be responsible for delays beyond its reasonable
control. Any request for an extension of time shall be agreed upon by both parties in
writing, and may be granted by the City based upon unforeseen circumstances which may
affect completion of the project.
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action 3. Compensation.
3.1 Amount.
Except for any additional services requested by the City, total compensation
for the scope of services for this Project shall not exceed Two Hundred Fourteen Thousand
Five Hundred Dollars ($ 214,500.00 ), as set forth in Exhibit "A," attached and incorporated
herein by reference.
3.2 Rate Schedule.
The services shall be billed to the City at the hourly rate set forth in Exhibit
"A" attached and incorporated herein by reference. Included within the compensation are
all the Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
perform the stipulated services. Submittals of invoices for payment shall be in accordance
with Consultant's proposal.
3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is.
required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
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Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to this
Agreement setting forth with particularity all terms of the new agreement, including but not
limited to any additional Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site, including the
location of all utilities, and is aware of all conditions there; and (3) it understands the
facilities, difficulties and restrictions of the work under this Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in the
work or as represented by City, it shall immediately inform City of this and shall not
proceed with further work under this Agreement until written instructions are received from
the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement. The scope of services
includes a project schedule as set forth in Exhibit "A".
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
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interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City as
specified in Exhibit "A" all final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
and drawings submitted to the City shall be in a reproducible hardcopy and digital format
(AutoCad 2002,pdf, and Microsoft Word).
All services to be rendered hereunder shall be subject to the direction and approval
of the City.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City and without restriction or
limitation on their use consistent with the intent of the original design, and without liability to
Consultant for changes, alterations, or use by City thereof in a manner not intended
hereby. The City acknowledges such documents are instruments of Consultant's
professional services.
Se tion 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or damages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for negligent errors and omissions
committed by Consultant arising out of or in connection with the work, operation or
activities of Consultant, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
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and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
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14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's Clerk's Office for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancel lation/Term !nation of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without cause
by giving thirty (30) days' advance written notice of termination to the other party.
In addition, this Agreement may be terminated for cause by providing ten (10) days'
notice to the other party of a material breach of contract. If the other party does not cure
the breach of contract, then the agreement may be terminated subsequent to the ten (10)
day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
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To City: City of San Juan Capistrano
Attn: Planning Services Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To Consultant: David Volz Design
Attn: David Volz
17050 Bushard Street, Suite 300
Fountain Valley, CA 92708
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
David Swerdlin, ayor
VID VOLZ DESIGN LANDSCAPE ARCHITECTS,
I , lA, Principal Landscape Architect
APPROVED AS TO FORM:
John R. Sh 1w, City Attorney
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INC.
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www. sanj uancap cstranO. Org
August 2, 2006
David Voltz
David Volz Design
17050 Bushard Street, Suite 300
Fountain Valley, CA 92708
Dear Mr. Volz:
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
A fully executed, original Personal Services Agreement related to final engineering
design and preparation of construction plans, specifications and cost estimates for the
Los Rios Park & Parking Lot is enclosed for your records.
Thank you for forwarding documentation confirming current compliance with the terms
of insurance under your agreement with the city. Please keep in mind that should this
documentation lapse, all work under this agreement must stop and all payments will be
withheld until we receive proper evidence of insurance.
You may proceed with work under this agreement in coordination with the project
manager, David Contreras, Associate Planner (949) 443-6320.
cc: David Contreras, Associate Planner
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on 100% Recycled Paper
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AGENDA REPORT
TO: Dave Adams, City Manager 9,0,,
FROM: Molly Bogh, Planning Director
0 8/1/2006
ICE
SUBJECT: Consideration of Personal Services Agreement for Final Engineering
Design and Preparation of Construction Plans, Specifications and Cost
Estimates for the Los Rios Park & Parking Lot (David Volz Design)(CIP
No. 465).
RECOMMENDATION:
By motion, approve a Personal Services Agreement with David Volz Design (DVD) for
final engineering design and preparation of plans, specifications and cost estimates for
the Los Rios Park & Parking Lot project, in the amount of $214,500.
SITUATION:
Summary and Recommendation:
In May, 2006 staff solicited proposals to prepare final design plans and specifications for
the Los Rios Park & Parking Lot project, needed in order to commence construction of
the park in spring, 2007. An appropriation of $300,000 for this work was included in the
FY 2006-07 budget.
After reviewing four proposals and interviewing three firms, staff is recommending
approval of a Personal Services Agreement with David Volz Design for this work in the
amount of $214,500.
Background:
On April 4, 2006, the City Council reviewed a preliminary concept for the Los Rios Park
master plan. At this meeting the City Council also appropriated $300,000 for CIP #465
for preparation of final construction plans and specifications for the park. This amount
was incorporated into the adopted FY 2006-07 budget.
On April 25, 2006, the Planning Commission adopted a Mitigated Negative Declaration
and approved an Architectural Control (AC 05-09) for the Los Rios Park Master Plan.
The master plan was developed by David Volz Design based on input received at
several public workshops and meetings by various City commissions in 2005-2006.
The approved design includes a proposed pedestrian plaza, parking lot, truck unloading
area, public restroom, walking paths, play area, equestrian trail, picnic areas, native
Agenda Report • • August 1, 2006
Page 2
vegetation, retention of existing trees, a passive rural character with no night lighting,
and integration with the adjacent Montanez Adobe.
On May 30, 2006, the City received four qualified proposals for the preparation of final
construction drawings, specifications, and cost estimates from landscape design firms,
as listed below:
David Volz Design (with LGC for geotechnical work, Poindexter Consulting for
restroom building design, and KHR for civil engineering) for a fee of $193,500.
FORMA (with C&V Engineering for civil engineering, DKY Architects for restroom
building design, and Thornton Thomasetti for structural engineer) for a fee of
$264,040. Note: No geotechnical engineer provided.
Moore lacofano Goltsman, Inc. (MIG) (with Converse Consulting for geotechnical
work, Crane Architectural Group for restroom building design, Walden & Associates
for civil engineering, Correia Consulting for structural engineering, and Cumming
LLC for cost estimating) for a fee of $288,000.
Land Concern (with Adams Streeter for civil engineer, Nunn Architecture for
restroom building design, Utility Specialists for utility consultant, GMU geotechnical,
Inc. for geotechnical work, Fox & Fox Design for lighting engineer, and Water
Concern for irrigation consulting) for a fee of $338,375.
After reviewing the submittals, staff eliminated Land Concern's proposal because it
exceeded the budgeted amount. On June 14, 2006, the City conducted interviews with
the three remaining eligible design firms. A panel of staff from the Community Services,
Engineering, and Planning Departments rated the applicants on the following criteria:
Understanding of project scope;
• Project approach;
• Expertise in California native landscape design, historic themes, and
projects with a rural character;
• Demonstrated track record of designing similar projects;
• Expertise in construction plans preparation; and
• Expertise in cost estimating.
Although each firm's presentation demonstrated experience in municipal park planning
and final design, staff rated DVD higher than other qualified firms based on the depth of
expertise on their project team; experience with native landscapes, rural and historic
themes; interactive approach to finalizing design details; understanding of the City's
vision for the Los Rios area; and method of assuring quality control on construction
documents.
Agenda Report • • August 1, 2006
Page 3
Because of significant increases in construction costs over the last few years, staff
asked DVD to enhance the scope of services to provide cost analysis throughout the
final design phase of the project. In response, DVD has revised their proposal to
include a professional cost estimator as a subconsultant, increasing the cost proposal to
$214,500. However, this cost remains the lowest of the proposals received.
FINANCIAL CONSIDERATIONS:
Funding of $214,500 is provided in account No.12-61111-4704-465-000 for FY 2006-
2007 in the Capital Improvement Program (CIP 465). Staff expects that this task will be
completed within the $300,000 allocated budget; therefore, there is no negative fiscal
impact to the City's budget from approval of this agreement.
NOTIFICATION:
The following parties received notification of this agenda item:
David Volz Design (DVD)*
FORMA*
Moore lacofano Goltsman, Inc*
Land Concern*
* Agenda Report included
RECOMMENDATION:
By motion, approve a Personal Services Agreement with David Volz Design (DVD) for
final engineering design and preparation of plans, specifications and cost estimates for
the Los Rios Park & Parking Lot project, in the amount of $214,500.
Respectfully submitted,
Molly B h
Planning Director
Attachment:
1. Personal Service Agreement
Prepared by:
� �
avid Contreras
Associate Planner
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 1 day of Au ust, 2006 between
the City of San Juan Capistrano (hereinafter referred to as the "City") and David Volz
Design (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to complete final
engineering design and prepare construction plans, specifications and cost estimates for
the Los Rios Park master plan, encompassing a passive park and parking lot on
approximately four acres within the City's historic Los Rios District, in accordance with
Planning Commission's approval of Architectural Control (AC) 05-09 on April 25, 2006 by
adoption of Resolution PC 06-04-25-2; and Cultural Heritage's approval of Site Plan
Review (SPR) 05-04, by adoption of Resolution CHC 06-02-28-2; and,
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Services.
The scope of services to be performed by Consultant shall consist of those tasks as
set forth in Exhibit'A," attached and incorporated herein by reference, and in compliance
with all of the Conditions of Approval for AC 05-09 and SPR 05-04 (Los Rios Park Master
Plan) as set forth in Exhibit "B" .
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of its
profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed by no later than February 1, 2007,
provided however that Consultant shall not be responsible for delays beyond its reasonable
control. Any request for an extension of time shall be agreed upon by both parties in
writing, and may be granted by the City based upon unforeseen circumstances which may
affect completion of the project.
ATTACHMENT
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Section 3. Compensation.
3.1 Amount.
Except for any additional services requested by the City, total compensation
for the scope of services for this Project shall not exceed Two Hundred Fourteen Thousand
Five Hundred Dollars ($ 214,500.00 ), as set forth in Exhibit "A," attached and incorporated
herein by reference.
3.2 Rate Schedule.
The services shall be billed to the City at the hourly rate set forth in Exhibit
"A" attached and incorporated herein by reference. Included within the compensation are
all the Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
perform the stipulated services. Submittals of invoices for payment shall be in accordance
with Consultant's proposal.
3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
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Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to this
Agreement setting forth with particularity all terms of the new agreement, including but not
limited to any additional Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site, including the
location of all utilities, and is aware of all conditions there; and (3) it understands the
facilities, difficulties and restrictions of the work under this Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in the
work or as represented by City, it shall immediately inform City of this and shall not
proceed with further work under this Agreement until written instructions are received from
the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement. The scope of services
includes a project schedule as set forth in Exhibit "A".
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
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interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City as
specified in Exhibit "A" all final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
and drawings submitted to the City shall be in a reproducible hardcopy and digital format
(AutoCad 2002,pdf, and Microsoft Word).
All services to be rendered hereunder shall be subject to the direction and approval
of the City.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City and without restriction or
limitation on their use consistent with the intent of the original design, and without liability to
Consultant for changes, alterations, or use by City thereof in a manner not intended
hereby. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or damages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for negligent errors and omissions
committed by Consultant arising out of or in connection with the work, operation or
activities of Consultant, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
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and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
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14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's Clerk's Office for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without cause
by giving thirty (30) days' advance written notice of termination to the other party.
In addition, this Agreement may be terminated for cause by providing ten (10) days'
notice to the other party of a material breach of contract. If the other party does not cure
the breach of contract, then the agreement may be terminated subsequent to the ten (10)
day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
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To City: City of San Juan Capistrano
Attn: Planning Services Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To Consultant: David Volz Design
Attn: David Volz
17050 Bushard Street, Suite 300
Fountain Valley, CA 92708
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
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ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. Shaw, ity Attorney
David Swerdlin, Mayor
VOLZ DESIGN LANDSCAPE ARCHITECTS, INC.
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Landscape Architect
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EXHIBIT A
SCOPE OF SERVICES
•
DVD's scope of services augments the scope of services presented in the City of San
Juan Capistrano's Request for Proposal for the Los Rios Park and Parking Lot
Improvements. The project team's scope of services program includes preliminary
investigation and engineering of the project, preliminary design, construction
documents, and presentation and meetings.
Phase 1 – Preliminary Investigations and Enaineerina
1.01 Initial Kick -Off meeting with City Park Planning Task Force in order to
review project criteria and program objectives, and to review procedures for
design, reviews, meeting co-ordination, and to review schedule and assign
calendar dates to each milestone.
1.02 Review available pertinent City documents such as as -built plans, right-of-
way maps, traffic information, studies and reports. Review City of San Juan
Capistrano landscape requirements, Design Manual for Equestrian and Hiking
trails, City Standard Plans, and the Los Rios Specific Plan.
1.03 Perform field investigations and develop photo and video documentation
of site. Annotate maps with ideas from the site review (noting field conditions and
existing improvements).
1.04 Supplemental Topographic Survey– In this task, supplemental pick-up
topographic data will be collected as deemed necessary for the design of the
subject parking lot and park. The topographic survey will verify vertical control for
the entire site, as well as identify missing topographic features that are not shown
on the City's surveys. The limits of the topographic data will extend along the
perimeter of the parking lot and the public streets contiguous to the site. It is
anticipated that various other pick-up surveys will be needed during the course of
the civil engineering effort.
1.06 Perform utility coordination by requesting record information from utility
providers. Plot record location of known utilities on project base maps. Perform
review of utility information to determine the impact of the project on the existing
utilities. Where effected utilities are found.
1.06 Geotechnical Engineering—Provide a preliminary geotechnical report,
including recommended pavement sections for parking lot and drive aisles and
restroom foundation. Included will be geotech recommendations for permeable
pavement section if needed.
DVD Scope of Services • 2 of 10 Los Rioark & Parking Lot
Phase 1 Meetings:
One (1) Kick -Off Meeting with City Park Planning Task Force to confirm
Program Elements and review process.
Phase 1 Deliverables:
• Site review documentation
• Three (3) copies of the Topographic Survey/ Soils Investigation Report
• Three (3) copies of the Preliminary Geotechnical
Phase 2 – Preliminary Design
2.01 The DVD project team will prepare one (1) Preliminary Design Site Plan
which would be consistent with City approved Los Rios Park Conceptual Master
Plan and all conditions of approval. The Preliminary Design Site Plan will be
rendered and colored for presentation. Preliminary restroom building elevations
and floor plans will be prepared and presented. The restroom building will be
designed to blend into the surrounding area with sensitivity to the historic value of
the project site. The proposed children's play environment would have a
thematic design. The Preliminary Design Site Plan will be presented to the
Parks, Recreation and Equestrian Commission for review, the DAB for review
and the DRC for approval.
The Preliminary Design Site Plan will include all proposed site improvements
and amenities, landscape materials, native plant materials, a separate sheet
indicating a preliminary (in progress) irrigation system plan, consultation with the
publication titled "Plants For Play", color, finishes and material sample boards,
manufacturers catalog cut sheets for street furnishings, signage, lighting fixtures
and all site amenities.
The color, finishes and materials boards, site amenities recommendations will be
submitted to the DRC prior to preparation of the Final Preliminary Design Site
Plan. The DAB will review the Landscape Plan in conjunction with the Grading
and Drainage Plans and the Water Quality Management Plan. The plans will be
submitted to the DAB together for concurrent review.
2.02 Materials Board—DVD will provide a materials board/schedule including
cut sheets and material samples for benches, trash receptacles, picnic tables,
decomposed granite, enhanced paving and veneer samples for walls and
pilasters, plant materials including native plant materials and signage. The
exhibits and the Final Preliminary Design Site Plan will be presented to the Park
Planning Task Force for review prior to presentation to the DRC.
2.03 Final Landscape Plan—DVD will develop a final landscape plan consistent
with the conceptual Master Plan. The colored rendering will be at 20 scale and
contain the following:
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A. Conceptual layout for trees, shrubs and ground cover (including legend,
size and spacing)
B. Conceptual irrigation layout (separate sheet)
C. Native plants from approved plant list
D. Consultation with the book "Plants for Play" by Robin C. Moore
2.04 The DVD team will provide civil engineering design services in accordance
with the Standard Specifications for Public Works Construction and the City of
San Juan Capistrano Design Criteria. All design drawings will be prepared
utilizing AutoCAD.
Based on the results of the supplemental topographic survey and the
geotechnical investigation, civil engineering design options will be developed for
the proposed parking lot. The civil engineering design will take into consideration
Los Rios Street drainage, parking lot drainage, ADA accessibility, landscaping
and lighting, parking signage and pavement delineation, as well as required
pavement sections.
The grading and parking lot design work will include a design workshop meeting
with the DVD Design Team and the City Planning and Engineering principals
assisting with the park design. This meeting will include a review of layout and
materials options, water quality treatment initiatives and a field trip to review
sample project(s), i.e., golf course parking lot and walkways. Up to two follow up
meetings with the engineer will be included if necessary to finalize the design
direction for these critical issues.
Hydrology and Drainage- As necessary, a hydrology map, hydraulic
calculations, and drainage report will be based on the preliminary drainage study
and will indicate final on-site drainage calculations. The storm drain plan will be
based on the City of San Juan Capistrano's standards and criteria, and will
indicate the location, type, and method of construction of mainline storm drains,
gutters, drainage structures, and other sub -surface and surface drains servicing
the project site. Applicable profiles with elevations and locations where the storm
drain crosses other utilities, as well as, construction notes and details will be
placed on the plans.
2.05 Title Sheet- DVD will prepare a title sheet drawing conforming to City
standards.
2.06 Base Map, Plan and Profile Drawings - Based on preliminary engineering
investigations and reports, the DVD team will develop a base plan and profile
drawings at 1" = 20' horizontal and 1" = 2' vertical scale. Title blocks will conform
to City standards.
a. Plot existing survey data.
b. Plot existing utilities and show the owner of such utility as available.
c. Provide cross section from Paseo Adelanto to the Plaza (Los Rios Street).
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2.07 Lighting Plans — DVD will prepare lighting plans in accordance with the
City of San Juan Capistrano requirements, and standards and specifications.
The lighting plan will address proposed, existing, removed and relocated
electrical equipment and appurtenances. The plans will be prepared at a scale of
1" = 20'. Lighting fixtures, location, and illumination level will be subject to review
and approval by the Design Review Committee. Average lighting level should
not exceed one foot-candle and will consist of security lighting in the restroom
area and along pedestrian pathways.
2.08 Signing and Striping Plans — DVD will prepare signing and striping design
plans for the parking lot in accordance with the City of San Juan Capistrano
requirements. The plans will provide the locations and designation of proposed
signs.
2.09 Opinion of Probable Construction Costs — DVD will prepare an opinion of
probable construction costs and item quantities.
2.10 PS&Es - The PS&E (Plans, Specifications & Estimate) package will be
submitted to the City and other required agencies for review and comment at
three stages: preliminary, intermediate, and final. Final PS&E will be submitted
to utility companies with known facilities in the project area. DVD will address
comments received at the preliminary, intermediate, and final milestones and
submit a complete, ready to bid, PS&E package as part of Phase 3 to the City for
final review and approval.
2.11 Coordination Meetings — DVD will attend coordination meetings with City
personnel, Development Advisory Board (DAB) and Design Review Committee
(DRC), Cultural Heritage Commision (CHC), and Plannng Commission (PC) at
various times during the design phase to obtain additional input and to review
work.
2.12 Public Works Coordination — The DVD team will consult with the Public
Works Department regarding design of the project with respect to access for
maintenance of clean-out drains, bio-swale, landscape buffers, trash receptacles,
parking lot sweeping, graffiti removal, long-term wear, and other maintenance
considerations as appropriate.
Phase II Meetings:
• 1 (one) workshop meeting and field trip to review grading and water
quality options and never sample project (s).
• 2 (two) Park Planning Focus Group meetings to review final landscape
plan and materials board/schedule.
• 2 (two) Development Advisory Board (DAB) meetings to review the
conceptual site plans. DAB meetings to review the conceptual site plans.
DAB conducts technical review for compliance with applicable codes and
standards.
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• 3 (three) Design Review Committee (DRC) meetings to discuss
landscape, site design and finish materials. DRC reviews architecture,
landscaping, lighting, and general design features.
• 1 (one) Cultural Heritage Commission to review materials and historic
marker.
• 1 (one) Coordination meeting with Public Works Department.
Phase II Deliverables:
• Base Site Plan
• Base Plan with Profiles
• Final Design Site Plan
• Rendering of Final Landscape Plan
• Color, Finishes and Materials Board/ Cutsheet Booklet
• Hydrology Report
• Lighting Plans
• Architectural Plan for the Restroom Building
• Signing and Striping Plans
• Outline Contract specification
• Opinion of Probable Construction Cost
• PSE
• 1 (one) CD of all plans & graphics in pdf format.
• WQMP
• Construction Phasing Plan (CPP)
3. Phase III—Construction Documents & Specifications
3.01 Contract specifications and bid documents – DVD will prepare contract
specifications and bid documents, using City "boilerplate," to conform to
applicable requirements of the City and applicable local agencies. The
specifications will supplement the current edition of the "Greenbook."
3.02 Final PS&Es - Based on the City, utility company and other agency
comments and requirements, DVD will revise and update the preliminary PS&E.
Final PS&Es will be submitted to the city on sheets no larger than 30" X 42". All
plans (construction materials, trees, shrubs and groundcover, and irrigation) shall
be drawn at 20 scale. PS&Es and Opinion of Probable Cost will be prepared in a
City approved format for construction bidding of the project. Construction
documents (drawings and specifications) for the Los Rios Park and Parking Lot
improvements as identified within this proposal will include the following:
a. Base Map - DVD will prepare an AutoCad electronic base map file that shows
known existing grades, easements, and structures on site, including landscaping
and underground utilities.
b. Existing Conditions/Demolition Plan.
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c. Details — The DVD team will prepare construction, planting and irrigation
details for the associated plans.
d. Grading/Drainage Plan- Existing trees shall be indicated on the grading plan.
All trees to be protected in place shall include a notation that reads "No
construction, grading, parking of vehicles or equipment shall be permitted within
the drip line of any tree."
e. Geotechnical report - This item will be provided in step 1.06 above
f. Building Plans — The DVD team will prepare floor plans, elevations, and finish
schedule for restroom building.
g. Final Materials Board/Site Amenities Plan- DVD will prepare materials and
color board of significant items within the project area.
h. Opinion of Probable Cost — DVD's team will prepare Opinion of Probable Cost
(OPC) for project area. DVD's cost estimating subconsultlant, Jacobus and
Yuang, will provide a detailed estimate of construction costs for the project. The
OPC to be prepared in an 81/2" X 11" format utilizing current trade costs.
i. Construction Technical Specifications- The DVD team will prepare hardscape,
landscape, and irrigation Construction Technical Specifications (CTS) in an 8 ''/z"
X 11" format.
j. SWPPNVater Quality Management Plan/ Erosion Control Plan- DVD will
prepare a water quality management plan will be prepared based on the County
of Orange adopted Best Management Practices (BMP) guidelines for
development. These guidelines supplement the National Pollution Discharge
Elimination System (NPDES) permit processing requirements. As proposed, a
public parking lot project may be subject to the BMP and NPDES permit
requirements. A Water Quality Management Plan(WQMP) will be submitted to
the City specifying BMPs for the subject project and will include a Site Map and
other exhibits in response to the requirements of the General Permit. The plan
will include a narrative description of the project and an outline of which BMPs
apply to the project. Furthermore, structural and non-structural BMPs may be
required and implemented by the City. If applicable, KHR Associates will submit
applications for necessary permits from the State Water Resources Control
Board, and other agencies, as necessary.
k. Erosion Control Plan- As needed, an erosion control plan will be prepared in
accordance with City criteria. The plan will indicate the location, type, and
method of placement of sandbags, diverters, silt fencing, temporary drainage
facilities, and other erosion controls for use during construction, as well as
appropriate notes and details.
I. Air Quality- If necessary, KHR Associates will be prepare and process a
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plan/procedure for Southern California Air Quality Management District
(SCAQMD) and obtain a section 403 permit (as related primarily to dust control
during construction activities).
m. Landscape plan for the historic Montanez Adobe Property.
n. Electrical Services Plan.
o. Structural Plans / Details / Calculations
p. Children's Play Area Plans and Details
q. Landscape Planting Plans and Details
r. Low Intensity Security / Walkway Lighting Plan
s. Construction Layout / Horizontal Control Plan
t. Electrical Details / Line Diagrams
u. Architectural Building Plans including Floor Plans, Elevations & Sections and
Finish Schedules for the Rest Room building with storage room.
v. Utility Plans; Water, Sewer, Storm Drain
w. Parking Lot Layout / Striping Plans
3.03 Construction documents will be submitted to the City to determine
compliance with all applicable codes and ordinances, and to receive comments
and approval. The project design team will prepare construction
documents including specifications and construction cost estimate for review and
approval to the City and other governing agencies in two (2) separate submittals;
preliminary, intermediate and final. These submittals would be considered plan
check (90%) & Final submittal construction document submittal package. The
DVD project team will respond to all City and Agency comments and resubmit
construction documents as necessary.
3.04 The DVD project team will assist the City in obtaining the required City
and governing agency approvals and permits.
Phase III Meetings:
• 1 (one) Coordination Meeting with City project team
• 1 (one) City Council to approve the plans and specifications prior to
bidding process.
0 2 (two) meetings with City Staff.
DVD Scope of Services • 8 of 10 Los Rioark & Parking Lot
Phase III Deliverables
• Final Water Quality Management Plan
• Erosion Control Plan
• 6 (six) sets of 90% construction documents for City/Agency Review and
Comments
• 6 (six) sets of 100% construction documents for City/Agency Review and
Comments
• 6 (six) stamped and signed sets of final 100% construction documents for
file.
• 6 (six) copies of the Technical Specifications
• Final Construction Cost Estimate
• Submit one (1) CD of construction documents in AutoCAD 2002 format
and pdf format.
4. Phase IV—Construction Review/Bidding
4.01 DVD is available to provide construction review and assistance during the
bidding period.
5. Phase V—Data Furnished by City:
• List of utility companies, agencies, and districts serving the project area,
including the name, address and telephone number of their
representatives.
• Fees for permits and record information from utilities and other public
agencies.
• Architectural Control approval resolution with conditions of approval.
• Mitigated Negative Declaration with mitigation measures.
• Conceptual planting plan and plant list for Montanez Adobe.
• Conceptual irrigation and drainage plan Montanez Adobe.
• Conceptual WQMP.
COST PROPOSAL
The following fees are based upon our current understanding of the project and the
work items identified in your request for proposals. David Volz Design proposes to
provide the services outlined above for a lump sum as identified below.
Phase 1 Preliminary Investigations and Engineering $ 47,000
Phase 2 Preliminary Design $114,500
Task 3 Construction Drawings and Specifications $ 53,000
Design Total $ 214,500
Additional Meetings
If additional meetings are requested, requiring
will be charged at a cost $500. If preparation
will be charged on a time and materials basis.
Please note, our fees are negotiable.
the attendance of a firm principle, they
or support work is required, these efforts
Printing and reproduction costs will be billed at cost plus 15%. When prepared in-house, these
selvices will be billed at market rates with no mark-up. Additional services, if requested, will be
provided at our standard hourly rates, sub -consultant fees are billed at cost plus 15% if
additional work is requested beyond that identified in the scope of services.
Assumptions
The design work will be completed in the timeline proposed. Our fees and approach
reflect this timeline. Changes in the timeline or the approach could require
adjustment to the fees.
The City Council approved Master Plan and cost estimate were considered in the
project's scope and proposed fee. Changes to the scope or budget may effect this
fee proposal.
Preparation of a SWPPP is not anticipated or included in the above scope of services.
City of San Juan Capistrano will provide the following information: existing survey data,
as -built improvement plans, right-of-way maps, traffic data, utility information, existing
pavement section information, studies, reports and other available record data, as well
as information regarding future projects planned by the city, other government agencies,
utility companies and private developers.
DESIGN SCHEDULE
The following schedule is proposed for this project. This schedule includes time allocation
for the community reviews identified in the Scope of Work. Meeting dates and commission
agendas sometimes require alterations of the timeline. Upon notice to proceed and receipt
of base map information, DVD will start up the project
Phase I Preliminary Investigations and Engineering 6 to 8 weeks
Phase II Preliminary Design 4 to 6 weeks
Phase III Construction Documents and Specifications 8 to 12 weeks
DVD Scope of Services • 10 of 10
HOURLY RATES
PRINCIPAL's $152-$184/hour
PROJECT MANAGERS $121-$147/hour
LICENSED PROFESSIONALS $121-$147/hour
PROJECT DESIGNERS $100-$126/hour
TEC H N ICIAN's $904110/hour
INSPECTOR'S $904110/hour
ADM I N I STRATOR's $65-$80/hour
DAVID VOLZ DESIGN hourly rates are inclusive of direct costs such as vehicle usage
and mileage, equipment usage (including computers). Printing, copying, and sub -
consultant expenses will be billed at cost plus fifteen percent. Printing prepared in-
house will be provided at market rates with no mark-up.
(End of Scope of Services)
• 0
PC RESOLUTION NO. 06-04-25-2
ARCHITECTURAL CONTROL 05-09,
LOS RIOS PARK & PARKING LOT
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING A MITIGATED
NEGATIVE DECLARATION AND APPROVING AN ARCHITECTURAL
CONTROL FOR THE LOS RIOS PARK & PARKING LOT LOCATED
WITHIN THE LOS RIOS HISTORIC
NUMBERS 121-143-01,08,13 &18,
RIOS PARK & PARKING LOT).
DISTRICT (ASSESSORS PARCEL
121-160-15 &18, 649-191-02; LOS
Whereas, on April 5, 2005 the City Council approved a consultant
agreement with David Volz Design to develop the Los Rios Park Master Plan on 4 acres
generally located south of Ramos Street between Paseo Adelanto and Los Rios Street, in
the Los Rios Specific Plan area; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the initial study
prepared pursuant to Section 15063 of the California Environmental Quality Act (CEQA)
Guidelines; has issued a Mitigated Negative Declaration pursuant to Section 15070 of
those guidelines; has caused a Notice of Negative Declaration to be posted pursuant to
Section 15072 of those guidelines; and has otherwise complied with all applicable
provisions of the California Environmental Quality Act (1970); and all mitigation measures
will be included in the final approving resolution as conditions of approval; and,
Whereas, on January 5, 2006, the Design Review Committee reviewed the
conceptual park plans and recommended the project to the Planning Commission for
review and final action; and,
Whereas, on January 16, 2006, the Parks, Recreation and Equestrian
Commission reviewed the conceptual park plans and recommended the project to the
Planning Commission for review and final action; and,
Whereas, on February 28, 2006, the Cultural Heritage Commission
conducted a duly noticed public meeting pursuant to Section 9-2.339 of the Municipal Code
to consider public testimony on the proposed project and adopted a resolution approving
Site Plan Review 05-04 for improvements to the park site and Montanez Adobe site within
the Historic Residential district, and the conditions of approval have been incorporated into
this approval in Exhibit A; and,
EXHIBIT B
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PC Resolution 06-04-25-2 2 April 25 2006
Whereas, on April 25, 2006, the Planning Commission conducted a duly
noticed public meeting pursuant to Section 9-2.339 of the Municipal Code to consider
public testimony on the proposed project; and
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of CEQA.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
The proposed Master Plan has been designed to be in compliance with the
applicable provisions of Title 9 of the San Juan Capistrano Land Use Code with
regards to access, parking, fencing, district development standards, and lighting and
subject to the mitigation measures and conditions of approval contained in this
resolution; and,
2. The proposed Master Plan design is consistent with the policies and objectives of
the Community Design Element because the project is consistent with the following
policies under the Community Design Goal 1:
• Policy 1.2: "Encourage high-quality and human scale design in
development to maintain the character of the City;" and,
• Policy 1.3: "Encourage the participation by all members of the
community in activities which promote the City and create local pride;"
and,
• The project is also consistent with the following policy under the
Community Design Goal 2:
• Policy 2.1: "Encourage development which compliments the City's
traditional, historic character through site design, architecture, and
landscaping,-" and,
3. The proposed project is consistent with the purpose and intent of the "P" District
because the project will provide for a public park and related public and cultural
uses; to serve the neighborhood and downtown area. The project will also provide a
truck delivery area to alleviate commercial traffic on Los Rios Street, and provide
pedestrian connections to the Montanez Adobe and to the San Juan Creek trail;
and,
4. The project is consistent with the purpose and intent of the "HC" District because it
allows as a permitted principal use the construction of a park and recreational uses
that are passive in nature, such as picnicking, arts and craft workshops, outdoor
cultural performances. The overall design of park is intended to be passive with
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PC Resolution 06-04-25-2 3 April 25, 2006
native plant material. The design includes passive open areas, native plantings,
pedestrian plaza, picnic areas, equestrian staging area, and a tot lot; and,
5. The project is consistent with the purpose and intent of the "HR" District because
the project will maintain the existing historic, residential character of Los Rios Street
while allowing accessory, pedestrian -oriented uses in conjunction with residential
occupancy. The project area includes the Montanez Adobe property. The project
will not impact the Adobe but will involve a revitalization of the landscape material to
reflect early California and native heritage plantings. The proposed plaza is located
south of the Adobe and is within the "HR" District. The design of the plaza does not
include the construction of new buildings; however, it does include a vehicle access
area for pickup & delivery, native landscaping, seating and a historic marker. The
proposed design provides for a pedestrian plaza that links the Los Rios District and
the downtown area to the park and parking lot; and,
6. The project is consistent with the adopted Architectural Design Guidelines because
substantiation is provided in the staff report dated April 25, 2006, that the project
has complied with design principles #1, #5, #7, and #8; and,
7. The site plan is functional and safe in regards to existing conditions as they relate to
adequacy of vehicular, bicycle and pedestrian circulation because the purpose and
intent of the parking lot is to alleviate traffic congestion on Los Rios Street and
provide fora safe pedestrian circulation system within the park area and along Los
Rios Street.
8. The proposed Master Plan is consistent with the landscape design requirements
because the plan will provide screening of existing and proposed structures and will
contain a tree and shrub palette that contains early California native plants that are
consistent with the common plants found on Los Rios Street, and does not contain
exotic species.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby adopt a Mitigated Negative
Declaration and approve AC 05-09 subject to the conditions of approval contained in
Exhibit "A" attached hereto and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:00 pm, Tuesday, May 11, 2006.
0, 30
4/4/2006
G la
AGENDA REPORT
TO: Dave Adams, City Manager
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FROM: Karen Crocker, Community Services Director
SUBJECT: Consideration of report on the Los Rios Park Master Plan status (CIP
#465) and Los Rios Parking Lot (CIP #125) and appropriation of funds
towards preparation of final design plans and specifications.
RECOMMENDATION:
By motion,
1. Receive the staff report on the status of the Los Rios Park Master Plan and
provide input on design issues, prior to final action by the Planning Commission
on the Architectural Control application for the park; and
2. Appropriate $300,000 for CIP #465 from Park and Recreation Fund Reserves for
preparation of final construction design plans and specifications for the park.
SITUATION:
A. Summary
The City has long planned for a passive park in the historic Los Rios area, as
described in the 1999 Los Rios Specific Plan and the 1992 Open Space Master
Plan. The City Council has taken several steps over the last few years to
accomplish this goal, including closing the RV storage lot and authorizing funds
for design and construction of the parking lot. In April 2005 the City Council
authorized staff to retain David Volz Design, a landscape architecture consultant,
to assist in preparing a master plan for the Los Rios Park. Staff formed a project
team comprised of the various City departments to work with Volz Design on
evaluating the park planning alternatives, and the City Council appointed a 2 -
member subcommittee (Soto and Bathgate) to participate in design meetings.
Two public workshops were held during the design process, at which four
separate design concepts were presented and discussed. Ultimately a final
design was endorsed at the public meetings and refined by the project team. The
preferred design has been reviewed by the Design Review Committee, Park and
Recreation Commission, and Cultural Heritage Commission, all of which
recommended project approval. The Park Master Plan is scheduled for final
approval decision by the Planning Commission in April.
Staff is bringing this project to the City Council prior to final action on the park
design by the Planning Commission for two reasons. First, to give the City
Council a status report on the project's progress and to receive any input the
Council may have on design considerations, prior to final action on the
Architectural Control by the Planning Commission; and second, to request
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Agenda Report
Paoe 2
appropriation of funds to complete the
specifications. This work can be started
approved by the Planning Commission.
B. Protect Description
•
April 4, 2006
final design, construction plans and
as soon as the master plan concept is
As the project team and consultant were in the process of designing the park, the
Design Review Committee (DRC) had suggested incorporating two (2) other
projects within the Los Rios Park Master Plan. These two (2) other projects were
the Montanez Adobe Plaza and the Los Rios Parking lot. Since the Montanez
Adobe and parking lot were adjacent to the park, it made sense to incorporate all
three projects into one overall design that would compliment each other;
therefore, the concept designs that are being presented to the City Council
include the Los Rios Park, a re -configured Los Rios Parking lot and the
Montanez Adobe Plaza. Attached are the designs of the Los Rios Park Master
Plan, which includes the parking lot (Attachment 1) and the Montanez Adobe
Concept Plan (Attachment 2).
The proposed Los Rios Park site contains 7 acres however, the 1.58 acres of the
Los Rios Park, which is at the corner of Paseo Adelanto and Ramos, is
recommended to remain fallow until a future date and be considered Phase II of
the park. This is due to the desire to evaluate the demand and types of use of the
proposed park, prior to planning for the balance of the site.
The major components of the park include an 83 -space parking lot, an equestrian
trail and resting area adjacent to Paseo Adelanto, a pedestrian courtyard and
seating area linking the park to Los Rios Street, landscaped buffer areas
adjacent to nearby residences, a public restroom building with storage, and
landscaping for the park site as well as for the Montanez Adobe lot.
The Specific Plan calls for the park to be passive, and input received from the
public emphasized the desire for passive rather than active recreational uses.
Therefore, the park will not include play fields or courts. Instead, the landscaped
portions of the park will include walking trails, an interpretive seating area for
docent tour groups, and natural plant groupings. An open "pasture" area will
include native grasses and be gently mounded to resemble natural terrain and
discourage use as an athletic field. A small tot lot is planned for use by families
and school groups visiting the Los Rios area. The plaza has been designed to
accommodate a loading area for delivery trucks servicing Los Rios Street
businesses, in order to keep trucks off the historic residential street. The park will
be unlit, except for security lighting, and use will be dawn -to -dusk only. Park
design and materials emphasize the historic character of the area and will use
decorative pavers, natural landscaping, and park furniture which are compatible
with the district. Existing mature trees will be protected in place, and new tree
plantings will emphasize California native varieties.
C. Environmental Impact:
A Mitigated Negative Declaration has been prepared for the project pursuant to
the California Environmental Quality Act, and will be considered by the Planning
Commission along with the Architectural Control application at a noticed public
meeting.
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9
Agenda Report April 4, 2006
Paoe 3
D. Proposed Funding Sources to Construct the Park:
The next step in the process of constructing the park calls for preparation of final
design, construction plans and specifications. Staff is requesting that the City
Council appropriate $300,000 from Park and Recreation Reserves to fund this
work in 2006, after approval of the project by the Planning Commission.
It is estimated that construction of the park, as currently envisioned, will cost
about $3,750,000. There are several possible funding sources for park
construction, which is programmed for FY 2007-08. These include CFD funds
from recent large residential projects; park and recreation impact fees; park grant
funds; and redevelopment funds. Staff is not currently requesting an
appropriation for construction, and will be bringing the park back to Council for a
funding request in the Capital Improvement Program. However, staff is confident
that funding sources are available to complete the project.
COMMISSIONIBOARD REVIEW, RECOMMENDATION:
This project was presented to the Design Review Committee on January 5, 2006,
Parks, Recreation and Equestrian Commission on January 16, 2006 and the Cultural
Heritage Commission on February 28, 2006. This item will be presented at the April
Planning Commission for approval and the Architectural Control portion of the project.
FINANCIAL CONSIDERATIONS:
The request to appropriate $300,000 from Park and Recreation Reserves will not have
a negative fiscal impact to the City's budget, because the funds are available and this
project is planned use that qualifies for expenditures from this account.
NOTIFICATION:
The following people were notified of this agenda item by the Community Services
Department.
Shelley Bachelder
Raymundo M. Becerra
Eric Bergstrom
Ralph A. Bertolino
Clifford L. Blank
Kelly Blank
Davidson Chorak
David P. Fitts
Patricia A. Graham
Willis E. Hardy
Craig S. Holiday
John Q. Humphreys
Dave and Andrew Hutchins
Douglas M. Ito
Victoria Perez
Jaime Juventino
Gil Jones
Francie Kennedy
Robert L. Larson
Lester & Fisher Co.
Mann Station Inc.
Tamara Mazzei
Eloisa O. Meza
Claudia Hirsch Mirkin
Maricella Moreno
Allan A. Niccola
Jack Nusbaum
Chamber of Commerce
Allen F. Olivares
Iraj and Nancy
Douraghil-ouella J. Olivares
Carmen Oyharzabal
Portola Adventures
Gail Prothero
Della Ramos
Refugio Rios
Stephen M. Rios
The San Juan Company
San Juan Capis. Hist. Soc.
Stuart Sandhaus
James L. Sibold
Fred C. Stoffel
John and Marianne Taylor
Brian Jeffery Vasquez
0
9
Agenda Report April 4, 2006
Page 4
RECOMMENDATION:
By motion,
1. Receive the staff report on the status of the Los Rios Park Master Plan and
provide input on design issues, prior to final action by the Planning Commission
on the Architectural Control application for the park; and
2. Appropriate $300,000 for CIP #465 from Park and Recreation Fund Reserves for
preparation of final construction design plans and specifications for the park.
Respectfully submitted,
Kar n Crocker �
Community Services Director
Attachments:
1. Master Plan
2. Montanez Adobe Plaza Concept Map
3. San Juan Capistrano Site Map
Respectfully submitted,
Molly �Boogh
Planning Director
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0 0
PC Resolution 06-04-25-2 4 AprK25 2006
PASSED, APPROVED AND ADOPTED this 25th day of April, 2006, by
the following vote, to wit:
AYES: Commissioners Neely, Drey, and Ratcliffe, Vice -Chairman Cohen,
and Chairman Cardoza
NOES: None
ABSTAIN: None
ABSENT: None
Robert Cardoza, Chairman
'
Molly B004 Pla ing Director, Secretary
PAPlanning\Archive\AC PROJECTS 2000-Wc0509LosRiosPark&ParkingLotlAC 0509 PC reso 25Apri106.doc
0 0
RESOLUTION #: 06-4-25-2
EXHIBIT A
PLANNING COMMISSION
CONDITIONS OF APPROVAL
Project #: ARCHITECTURAL CONTROL (AC) 05-09
Project Name: Los Rios Park & Parking Lot
APPROVAL DATE: April 25, 2006
EFFECTIVE DATE: May 10, 2006
These conditions of approval apply to Los Rios Park & Parking Lot, Architecture
Control (AC 05-09) & Site Plan Review (SPR) 05-04 to construct a parking lot and a
passive park on 4 acres of City -owned property located within the Los Rios Specific
Plan area. The parking lot is proposed to include 83 parking spaces, a drainage
bio-swale, and delivery drop/pickup turn -around area. The park is proposed to
include a tot lot, restroom building, equestrian area, picnic areas, native landscaping
and a pedestrian plaza. The park is intended.for daylight use only and lighting will
be limited to low -intensity security lighting. The park design also includes
landscape enhancement to the Montanez Adobe property. The existing landscape
will be replaced with native and drought tolerant plant material and the project will
not involve any modifications to the Adobe building. The project addresses
previous concepts suggested by the Cultural Heritage Commission including a
separate building for restroom, storage and electrical panel for the Adobe and
incorporation of historical interpretation elements originally conceived as the
pathway to history. Structural repairs to the Adobe will be separate CIP projects.
Any proposed change of use or expansion of the area or modifications to the site
plan or structures shall be submitted to the City Planning Department for review and
approval.
The following conditions of approval shall be met prior to commencement of
grading operations for the project.
Design Features. Selection of all furniture, light standards, wall and fencing
material, trash receptacles, bike racks, benches, "picnic tables and other
street furniture and fixtures shall be submitted to the Parks, Recreation and
Equestrian Commission for review and input, and to the Design Review
Committee for review and approval. Architectural design of the restroom
building shall be forwarded to the Design Review Committee (DRC) and
Planning Commission (PC) for design review and approval. (PLN)
0 0
Resolution #06-4-25-2 Final Conditions of Approval
Project # AC 05-09 Date: April 25, 2006
Page 2 of 11
2. Landscape Material. All landscape material planted within the Historic
District shall be consistent with the existing natural and organic texture of Los
Rios Street, sensitive to the historic and rural character, and visual aesthetics
of the area. Final landscape plans shall be subject to DRC review and
approval. (PLN)
3. �` Public Notification. Notification shall be given to'residences within 300 feet of
planned construction activities fourteen (14) days prior to commencement of
construction activity, and shall include a brief description of the project, the
overall duration of the various construction stages, noise abatement
measures that will taken, and the name and phone number of the
construction site supervisor or his designee to report any violation of a noise
or mitigation standard. (PLN)
4. �' Pre -construction Meetino. Contractor shall schedule a pre -construction
meeting with the Building and Safety Department and other City departments
prior to commencement of any construction on the site. (B&S)
5. Grading Plans. Prior to commencement of grading, the grading plan shall be
submitted to the Building Department for review and approval by applicable
departments. Conceptual grading plans may be subject to review by the
Design Review Committee. Precise grading shall be consistent with the
approved conceptual grading plan and site plan. These plans shall show, at
minimum, the limits of grading, the drainage bio-swale, sewer, water,
equestrian trail, walkways, parking lot and all appurtenant improvements.
The extent of the topography shall be extended enough to determine the
geological and drainage impacts to adjacent properties. The elevations shall
correspond with the orange County benchmark datum. The grading plan
shall show: (ENG/PLN)
a. All trees to be retained onsite pursuant to the arborist's report prepared
by West Coast Arborists dated June 15, 2005.
b. Surface material for walkways, plaza, parking lot, and transition area from
plaza to Los Rios Street.
c. Areas to be protected from grading in order to protect environmental
resources (biological, cultural, or historical), and method of protection
proposed during grading operations.
d. Location, height, materials and colors of any retaining walls.
'e. Show the location and method of screening for all ground -mounted
equipment on the site plan, including but not limited to air conditioning
and heating units, utility boxes, and backflow devices. All equipment shall
'Denotes Environmental Mitigation Measure
0 0
Resolution #06-4-25-2 Final Conditions of Approval
Project #A C 05-09 Date: April 25, 2006
Page 3 of 11
be screened from public view. Screening shall be compatible with main
,structures and include landscaping where appropriate.
6. _ Grading to be continuous operation. All grading work shall be performed in
either one continuous operation or in phases that have been approved by the
City. (PLN, B&S)
7. _' Soils Report. Prior to commencement of grading, the City Engineer shall
review and approve a Soils Report/Geotechnical Study prepared by a
Registered Geologist and Soil Engineer to determine the seismic safety and
soils stability of all proposed grading, development improvements and walls
for the project and preliminary pavement sections and substructure
bedding/backfill recommendations. (ENG)
8. _* Erosion Control. Prior to commencement of grading and construction in the
right-of-way, the City Engineer shall review and approve the Erosion and
Sediment Control Plans, using Best Management Practices prepared by a
Registered Civil Engineer. These plans shall show, in accordance with the
NPDES Permit, all temporary and/or permanent erosion and sediment
control measures, effective planting of graded slopes, practical accessibility
for maintenance purposes and proper precautions to prevent public trespass
onto certain areas where impounded water may create a hazardous
condition. (ENG)
9. _" WQMP. Prior to commencement of grading and construction in the right-of-
way, the City Engineer shall approve a Water Quality Management Plan
(WQMP) specifically identifying structural and non-structural Best
Management Practices (BMP's) that will be used on-site to control
predictable pollutant runoff, the City shall also comply with all the
requirements of the latest NPDES Permit, the City's Water Quality Ordinance
& Local Implementation Plan and the Clean Water Act. (ENG)
10. _' NPDES. Prior to commencement of grading and construction in the right-of-
way, the City Project Manager shall submit a Notice of Intent (NOI) to the
California State Water Resource Control Board for coverage under the State
National Pollutant Discharge Elimination System Program (NPDES) General
Permit for storm water discharges associated with development/construction
activity in excess of one (1) acre of land. (ENG)
11. _ Orange County Fire Authority (OCFA) Approval. Prior to commencement of
grading, the site plan and street improvement plans shall be reviewed and
approved by the Orange County Fire Authority. (OCFA)
12. _ Fire Flow Demands. Prior to the commencement of grading and work in the
right-of-way, the required fire flow demands and the fire protection
*Denotes Environmental Mitigation Measure
Resolution #06-4-25-2 Final Conditions of Approval
Project # AC 05-09 Date: April 25, 2006
Page 4 of 11
requirements to serve the subject project and provide evidence of
satisfactory fire flow shall be submitted to the Orange County Fire Authority
(OCFA) for review and approval. (PW)
13. _' Qualified Archaeologist. Prior to any ground -disturbing activity for the project,
the City shall retain a qualified archaeologist (defined as an archaeologist on
the List of Certified Archaeologists for Orange County) to monitor site
clearing, grading, and excavation activities, stating the name, qualifications,
and contact information for the archaeologist. The archaeologist shall be
present at pre -construction meetings to advise construction contractors about
the sensitive nature of cultural resources located on and/or in the vicinity of
the project site, as well as monitoring requirements. A qualified monitor
(defined as an individual with a bachelors degree in anthropology with
archaeological monitoring experience), . supervised by the qualified
archaeologist, shall observe on- and off-site construction activities that result
in grading, and/or excavating on or below the original ground surface
(including during any project -related off-site utility [natural gas, electricity,
sewer, water, drainage, communications, etc.] and roadway improvements).
Should nonhuman cultural resources be discovered, the monitor shall have
the power to temporarily halt or divert construction activities until the qualified
archaeologist can determine if the resources are significant and, if significant,
until recovered by the archaeologist.
In the event that human remains are discovered, construction activities shall
be halted or diverted until the provisions of §7050.5 of the Health and Safety
Code and §5097.98 of the Public Resources Code have been implemented.
(PLN)
14. _ Pay Fees and Post Sureties. Prior to the commencement of grading, the
contractor shall fulfill all applicable engineering fee requirements in
accordance with the City Municipal Code and the Water Department fee
schedule, as last revised, and post securities to ensure satisfactory
performance of proposed on-site and off-site grading, drainage, landscape
and irrigation, erosion and sediment control, sewer, water, street, and all
appurtenant improvements. (PW)
15. _ Construction Cost Estimate. Prior to the commencement of grading, the
Project Design Engineer shall submit to the City Engineer for review, and
obtain approval for, an estimate of quantity and construction costs prepared
by a Registered Civil Engineer. Said estimate shall include costs for
construction of all applicable street improvements, signing and striping, street
*penotes Environmental Mitigation Measure
Resolution #06-4-25-2 Final Conditions of Approval
Project # AC 05-09 Date: April 25, 2006
Page 5 of 11
lights, storm drains, water, sewers, recreational trails, landscape, irrigation
systems, setting of survey monuments and centerline ties. (PW)
The following conditions of approval shall be met prior to issuance of building
permits for the project.
16. _ Final Landscape Plans. Prior to issuance of building permits, Final
Landscape Plans shall be submitted to the Planning Department for review
by the Design Review Committee. Final Landscape Plans shall show the
following information and requirements: (PLN)
a. The plant list approved by the City's Design Review Committee (DRC).
b. Type, location, and size of all proposed new plant material.
c. Seating area for approximately 40 people in interpretative area.
d. Material for wheel stops, if applicable.
e. Material/finish surface of tot lot.
f. No turf areas for recreation purposes.
g. All slopes of 2:1 and greater shall be permanently landscaped for erosion
control.
h. Backflow devices and utility pedestals shall be located so as to be visually
inconspicuous, or screened with landscaping.
i. Location, height, materials and colors of all proposed and existing walls
and fences.
j. Location and details for all street furniture, including bicycle racks,
benches, drinking fountains, trash receptacles, historic depiction devices,
etc.
k. Design details and locations for trash enclosures, which shall be of
decorative construction compatible with the restroom building.
*Denotes Environmental Mitigation Measure
0 0
Resolution #06-4-25-2 Final Conditions of Approval
Project #A C 05-09 Date: April 25, 2006
Page 6 of 11
I. Trees shall be located so as to provide shade throughout parking lots,
with a minimum of one (1) tree per six (6) parking spaces.
m. Landscape planters shall be a minimum interior width of five (5) feet.
Where landscape fingers abut parking spaces, they shall not extend
closer than three (3) feet to the aisle end of the adjacent parking space. A
twelve (12) inch wide paved or hardscape landing strip shall be provided
inside the curb, wherever a landscaped planter is located adjacent to a
parking space such that passengers exit a vehicle into the planter.
n. Sidewalks or walkways adjacent to head -in spaces shall be a minimum
width of seven (7) feet.
o. All landscape islands which are located at the front of head -in parking
spaces shall be designed with a minimum two and a half (2-1/2) foot area
free . from vegetation where the front of .a vehicle may overhang the
planter.
p. All portions of a parking lot devoted to landscaping shall be provided with
a permanent automatic irrigation system designed for water conservation.
17. Trash Enclosure. Prior to issuance of building permits, the site plan shall
include the trash enclosure(s) that shall be covered with solid roof and a
concrete apron in front of the trash enclosure. Enclosure shall be designed to
drain into an adjacent drainage bio-swale. (ENG)
18. _ Photometric Plan. Prior to issuance of building permits the City shall review
and approve the photometric plan for the project. The plan shall include the
locations of all building -mounted light fixtures, which shall be shown on the
building elevations. A detail of said fixtures shall be shown and fixtures shall
be decorative and complementary to the building architecture. The lighting
plan needs to include low-level pedestrian lighting for security purposes at night,
bollards for pathways and parking lot lighting with automatic shut off and with a
maximum permitted illumination of 1.0 -foot candle. (PLN)
19. _ AApolicable Codes. Prior to issuance of building permits, plans for this project
shall be submitted to the Building and Safety Department for review and
approval, and shall comply with the latest City -adopted edition of the
applicable building codes. (B&S)
20. _ Building Construction Plans. Prior to issuance of building permits, final
construction plans, building elevations and floor plans shall be reviewed by
the Building and Safety Department for compliance with all requirements and
conditions from applicable departments. Such plans shall be in substantial
conformance with those plans approved by the Planning Commission,
*Denotes Environmental Mitigation Measure
0 0
Resolution #06-4-25-2 Final Conditions of Approval
Project #A C 05-09 Date: April 25, 2006
Page 7 of 11
Design Review Committee, and/or Planning Director (as applicable). The
final conditions of approval shall be incorporated into the construction plans
and shall be reproduced on the front page of the construction plans.
Consideration should be given to designing the restroom building in keeping
with the style of the Montanez Adobe and out -house. (PLN)
21. _ Recreational Trail Improvements. Recreational trails (unpaved trails for
equestrian and bicyclists) shall be designed and constructed per Section 9-
4.305 of the Municipal Code and the City Trail Design Manual. (PW)(CS)
22. Water System Improvements. Prior to the issuance of building permits, the
contractor shall complete the construction of all domestic water system, non-
domestic (recycled) water system improvements, and irrigation facilities
required to serve the subject project in compliance with City municipal codes,
standards, specifications, the Rules and Regulations for Users of Non-
domestic Water and the City's water standard specifications. (PW)
23. _ Water Service Connection. Prior to the issuance of building permits, the
project contractor shall construct a separate water service connection that is
adequate to provide the necessary water demand for irrigation and
landscaping. This water service connection shall be to a City maintained
water main pipeline located in Paseo Adelanto. The irrigation facilities shall
be designed in accordance with the City of San Juan Capistrano's Water
Standards and Specifications, Rules and Regulations for Users of Non -
Domestic Water, and the Municipal Code § 9-3.617 (Water Conservation
Landscape). The design shall include improvements that are identified for
use of non-domestic water (recycled water) and shall be connected to non-
domestic water facilities when they become available. (PW)
24. — Dry Utilities. Prior to issuance of building permits and approval of dry utility
plans, the City Engineer shall review and approve the size and location of all
above ground pedestal, to ensure compatibility with existing and proposed
improvements for.approval. Pedestals shall be located in areas with limited
visibility to the general public, and screened with landscaping to the extent
feasible. Any exception shall be subject to review and approval by the City
Engineer. (ENG)
25. OCFA Review of Architectural Building Plans. Prior to the issuance of a
building permit, the City shall submit architectural plans for the review and
approval of the Fire Chief if required per the "Orange County Fire Authority
Plan Submittal Criteria Form." Contact the OCFA at (714) 573-6100 for a
copy of the Site/Architectural Notes to be placed on the plans prior to
submittal. (OCFA)
*Denotes Environmental Mitigation Measure
Resolution #06-4-25-2 Final Conditions of Approval
Project # AC 05-09 Date: April 25, 2006
Page 8 of 11
The following conditions of approval shall be met during construction for the
project.
26. _ Temporary Use Permit. Prior to commencement of grading, contractor shall
submit a Temporary Use Permit (TUP) to the Planning Department for any
proposed construction trailer and/or staging areas, for review and approval.
The equipment staging area shall be situated so as to provide the greatest
distance separation between construction -related noise sources and
residential uses during all Project construction. (PLN)
27. _* Construction Noise. Noise associated with construction or grading shall be
allowed only from 7:00 a.m. to 6:00 p.m. on Monday through Friday, or from
8:30 a.m. to 4:30 p.m. on Saturday. Construction is prohibited at any time on
Sunday or a Federal holiday. (PLN)
28. _* Construction Staging. During all site preparation, grading and construction,
contractors shall minimize the staging of construction equipment and
unnecessary idling of equipment in the vicinity of residential land uses. (PLN)
29. _ Compliance with approved plans. At all times during construction, the City
shall ensure compliance with approved construction mitigation plans,
including: (ENG)
a. Erosion Control Plan
Haul Route Plan
c. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas.
30. _ Waste Disposal and Sanitation. At all times during construction, the
contractor shall maintain adequate sanitary disposal facilities and solid waste
disposal containers on site. The accumulation of refuse and debris
constituting a public nuisance is not permitted. (ENG)
31. _ Access Control. Access at the following location(s) shall be limited to right -
tum in and left -turn out movements: Construction Entry Gate at Paseo
Adelanto. A left -turn only sign for exiting construction vehicles shall be
installed and shall comply with State standards. (ENG)
32. _* Native American Monitor. During ground -disturbing activities for the project, a
City -approved Native American monitor shall observe activities that result in
*Denotes Environmental Mitigation Measure
Resolution #06-4-25-2 Final Conditions of Approval
Project #A C 05-09 Date: April 25, 2006
Page 9 of 11
trenching below the original ground surface (including during project -related
off-site utility [e.g., natural gas, electricity, sewer, water, drainage,
communications, etc.] and roadway improvements). The Native American
monitor shall consult with the archaeological monitor regarding objects and
remains encountered during grading that may be considered sacred or
important. In the event that evidence of human remains is discovered, the
Native American monitor shall verify that the archaeologist has notified the
Coroner. (PLN)
The following conditions of approval shall be met prior to final inspection and
initiation of park use.
33. _ Installation of Landscaping. Prior to approval of final inspection, the City
Project Manager shall secure a certification, from a licensed Landscape
Architect, stating that the landscape materials and irrigation system (tested
for full coverage) have been planted and installed in compliance with the
approved landscape plans. Additionally, all bicycle racks, pedestrian
walkways, seating, and other improvements shown on the Final Landscape
Plan shall be installed to the satisfaction of the Planning Department. (PLN)
34. _ Final Cultural Resource Reports. Prior to final inspection by the Planning
Department, the City Project Manager shall secure final reports for any
historical, cultural, archaeological or paleontological resources recovered
from the project site during grading or construction. Reports shall include
information on disposition of resources. (PLN)
35. _ Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans,
landscape/irrigation plans, lighting plans, and elevations. (PLN)
36. _ Historic Marker. The historic marker in the pedestrian plaza shall be reviewed
and approved by the Cultural Heritage Commission prior to installation. (PLN)
37. _ Emergency Equipment. The plaza area should include emergency
telecommunication equipment available to assist visitors in the event of an
emergency. (PLN)
38. _ Fire Aisles. Prior to final inspection by the Orange County Fire Authority
(OCFA), the City shall ensure that drive aisles service as fire access lanes
shall be posted "No Parking — Fire Lane" as approved by the Fire
Department. (OCFA)
39. _ Fire Extinguishers. Prior to final inspection by the Orange County Fire
Authority (OCFA), fire extinguishers shall be required in accordance with the
*Denotes Environmental Mitigation Measure
0 0
Resolution #06-4-25-2 Final Conditions of Approval
Project # AC 05-09 Date: April 25, 2006
Page 10 of 11
Uniform Fire Code. The City shall contact the Fire Department for the
requirements pertaining to the number, type, and placement of fire
extinguishers. All fire extinguishers shall have current California Fire Marshal
service tags. (OCFA)
40. _ Installation of Signs. Wayfinding Directional Signs are permitted as
authorized in conjunction with the City's approved sign program. Park
identification signage is a separate process requiring approval pursuant to
the Sign Ordinance. (PLN)
41. _ Record Drawings. Prior to the acceptance of water, sewer, storm drain, and
street improvements and release of performance securities, the contractor
shall submit to the Public Works Director for review and obtain approval for
reproducible "Record Drawing" mylar plans that call out any deviations from
the signed plans of all the domestic water system, non-domestic (recycled)
water system, and the landscape irrigation system, :sewer, These "Record
Drawings" are also required in digital format, at no cost to the City, in
accordance with the latest edition of the "City of San Juan Capistrano Digital
Submission Standards." (PW)
The following are ongoing conditions for the operation for the park.
42. _ Access Restriction. Vehicular access onto Los Rios Street from the parking
lot shall be restricted with the installation of bollards. Access shall only be for
pedestrians and emergency vehicles. (PLN)
43. _ Maintenance. The long-term maintenance program of the park shall ensure
that all native trees and plants are not trimmed, pruned or topped in a
manner that damages or inhibits the tree/plant natural growth characteristics.
(PLN)(PW)
44. _ Hours of Operation. Park use shall be limited from dawn to dusk and the
restroom shall be locked at night. (CS)
45. _ Monitoring of Use. The use of the park picnic areas shall be monitored by
Community Services through the Park Reservation Process. (CS)
46. _ Delivery/Loading Area Use. The City shall monitor delivery/pedestrian
loading areas in pedestrian plaza and adjust location and delivery schedule if
needed to ensure pedestrian safety. (PLN)
47. _ Recycling Program. The City shall implement recycling for park users
through the use of designated waste receptacles for recyclable containers
and other measures as determined by the Engineering Department. (PLN)
*Denotes Environmental Mitigation Measure
• 0
Resolution #06-4-25-2 Final Conditions of Approval
Project # AC 05-09 Date: April 25, 2006
Page 11 of 11
48. _ Security Patrol. The City shall provide ongoing patrols to ensure public
safety during daytime and nighttime hours, and shall implement such other
safety measures as deemed necessary by the Sheriff Department. (PLN)
Responsible Agencies: B&S
ENG =
PLN =
CS =
PW =
OCFA =
(End of Conditions)
Building and Safety
Engineering Department
Planning Department
Community Services
Public Works Department
Orange County Fire Authority
PAPIanninglArchive\AC PROJECTS 2000-Wc050gLosRiosPark&ParkingLot\AC 0509 PC coa 25Apri105.doc
'Denotes Environmental Mitigation Measure
9 •
CHC RESOLUTION NO. 06-02-28-2
SITE PLAN REVIEW (SPR) 05-04.
LOS RIOS PARK & PARKING LOT
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION
ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING
A SITE PLAN REVIEW FOR THE LOS RIOS PARK & PARKING LOT
LOCATED WITHIN THE LOS RIOS HISTORIC DISTRICT AND MORE
PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBERS 121-
143-01,08,13 &18, 121-160-15 &18, 649-191-02 (LOS RIOS PARK &
PARKING LOT, CIP NO. 465).
Whereas, on April 5, 2005 the City Council approved a consultant
agreement with David Volz Design to develop the Los Rios Park Master Plan; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the initial study
prepared pursuant to Section 15063 of the California Environmental Quality Act (CEQA)
Guidelines; has issued a Mitigated Negative Declaration pursuant to Section 15070 of
those guidelines; has caused a Notice of Negative Declaration to be posted pursuant to
Section 15072 of those guidelines; and has otherwise complied with all applicable
provisions of the California Environmental Quality Act (1970); and all mitigation measures
will be included in the final approving resolution as conditions of approval; and,
Whereas, the Cultural Heritage Commission has considered the
Environmental Administrator's determination pursuant to Section 15074 of CEQA; and,
Whereas, on February 28, 2006, the Cultural Heritage Commission
conducted a duly noticed public meeting pursuant to Section 9-2.339 of the Municipal Code
to consider public testimony on the proposed project; and,
Whereas, on January 16, 2006, the Parks, Recreation and Equestrian
Commission reviewed the conceptual park plans and recommended the project to the City
Council and Planning Commission for review and final action; and,
Whereas, on January 5, 2006, the Design Review Committee reviewed the
conceptual park plans and recommended the project to the City Council and Planning
Commission for review and final action; and,
0' 0
CHC Resolution 06-02-28-2 2 February 28, 2006
NOW, THEREFORE, BE IT RESOLVED, that the'Cultural Heritage
Commission of the City of San Juan Capistrano does hereby make the following
findings:
The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, the Cultural Resources Element because it
will provide a landscaped passive park to serve the Los Rios District and City
visitors with a design that is sensitive to the historic context, rural character, and
visual aesthetics of the area; and,
e
2. The proposed project is consistent with the purpose and intent of the "P" District
because the project will provide for a public park and related public and cultural
uses; to serve the neighborhood, and downtown area. The project will also provide a
truck delivery area to alleviate commercial traffic on Los Rios Street, and provide
pedestrian connections to the Montanez Adobe and to the San Juan Creek trail;
and,
3. The project is consistent with the purpose and intent of the "HC" District because it
allows as a permitted principal use the construction of a park and recreational uses
that are passive in nature, such as picnicking, arts and craft workshops, outdoor
cultural performances. The overall design of park is intended to be passive with
native plant material. The design includes passive open areas, native plantings,
pedestrian plaza, picnic areas, equestrian staging area, and a tot lot; and,
4. The project is consistent with the purpose and intent of the "HR" District because
the project will maintain the existing historic, residential character of Los Rios Street
while allowing accessory, pedestrian -oriented uses in conjunction with residential
occupancy. The project area includes the Montanez Adobe property. The project
will not impact the Adobe but will involve a revitalization of the landscape material to
reflect early California and native heritage plantings. The proposed plaza is located
south of the Adobe and is within the "HR" District. The design of the plaza does not
include the construction of new buildings; however, it does include a vehicle access
area for pickup & delivery, native landscaping, seating and a historic marker. The
proposed design provides for a pedestrian plaza that links the Los Rios District and
the downtown area to the park and parking lot; and,
5. The proposed project is consistent with the Los Rios Specific Plan Site Design
Standards, specifically the Landscape Design Goals & Standards because
substantiation is provided in the staff report dated February 28, 2006, that the
project has complied with goals and standards for landscaping, screening,
pedestrian spaces, lighting, seating, and new construction; and,
6. The proposed project is in conformance with the Secretary of the Interior's
Standards for Rehabilitation as follows:
0 •
CHC Resolution 06-02-28-2 3 February 28. 2006
• A property will be used as it was historically or be given a new use
that requires minimal change to its distinctive materials, features,
spaces, and spatial relationships. The project is consistent with this
standard because the site will not be altered with a new use, but will
include minimal changes such as native landscaping, a pedestrian
plaza and seating. The project will not involve any modifications to
the Montanez Abobe.
• The historic character of a property will be retained and preserved.
The removal of distinctive materials or alteration of features, spaces,
and spatial relationships that characterize a property will be avoided.
The project is consistent with this standard because the site will not
include changes to the Montanez Adobe or changes to the spatial
relationship adjacent to the Adobe and the proposed plaza. The
project will improve the compatibility between the Adobe and the
pedestrian area by replacing the parking spaces with a sensitively
designed plaza.
• Each property will be recognized as a physical record of its time,
place, and use. Changes that create a false sense of historical
development, such as adding conjectural features or elements from
other historic properties, will not be undertaken. The project is
consistent with this standard because it utilizes compatible, yet
contemporary (current) elements and materials that will not create a
false sense of history.
• Changes to a property that have acquired historic significance in their
own right will be retained and preserved. The project is consistent
with this standard because the parking lot, turf areas, and non-native
landscaping have not acquired historic significance.
• Distinctive materials, features, finishes, and construction techniques
or examples of craftsmanship that characterize a property will be
preserved. The project is consistent with this standard because the
site does not contain examples of distinctive materials or features
aside from the Montanez Adobe.
• Archeological resources will be protected and preserved in place. If
such resources must be disturbed, mitigation measures will be
undertaken. The project is consistent with this standard because the
Mitigated Negative Declaration contains a mitigation measure that
requires a qualified archaeologist and Native American monitor to
observe all ground disturbing activities.
• New additions, exterior alterations, or related new construction will not
destroy historic materials, features, and spatial relationships that
i 0
CHC Resolution 06-02-28-2 4 February 28 2006
characterize the property. The new work shall be differentiated from
the old and will be compatible with the historic materials, features,
size, scale and proportion, and massing to protect the integrity of the
property and its environment. The project is consistent with this
standard because the materials and finishes of the restroom building
all proposed walls, fences and paving and landscape will compliment
the historic character of the site. The spatial relationships
characterizing the area surrounding the Adobe and along this section
of Los Rios Street will be preserved.
New additions and adjacent or related new construction will be
undertaken in such a manner that, if removed in the future, the
essential form and integrity of the historic property and its
environment would be unimpaired. The project is consistent with this
standard because the restroom building, paving, fences, walls and
landscaping will not affect the integrity of the property if removed in
the future and will not impair the integrity of the Adobe and its
surroundings; and,
7. The proposed project is consistent with the Circulation Element of the Los Rios
Specific Plan because substantiation is provided in the staff report dated February
28, 2006, that the project has complied with goals for pedestrian access, public
parking, protection of Los Rios Street, loading, and trails.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano does hereby approve the project
and a Mitigated Negative Declaration and approve SPR 05-04 subject to the conditions of
approval contained in Exhibit "A" attached hereto and incorporated herein; and,
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application and following Planning Commission approval of the other associated
discretionary request (Architectural Control). In the event the Planning Commission final
action on that application, or City Council final action on any appeal, would result in denial
of that application, this project approval shall become null and void. In the event that action
by the Planning Commission or City Council on appeal, on related applications
necessitates substantial changes to this application, the project shall be referred to the
Cultural Heritage Commission for review of the proposed changes.
PASSED, APPROVED AND ADOPTED this 28th day of February,
2006, by the following vote, to wit:
AYES: Commissioners Andrews, Forster, Nunez, Porter, Tryon and Acting Chair
Siegel
NOES: None
E
•
CHC Resolution 06-02-28-2 5 February 28, 2006
ABSTAIN: None
ABSENT: Commissioner Belardes
Siegel, ActirA Chair
Teri Delcamp, Historic Presery tion Manager
Commission Secretary
PAPlanning\Hrchive\SPR PROJECTS\Spr0504LosRiosPark&ParkingLot\SPR0504 CHC reso 28Feb06.doc
RESOLUTION #: 06-2-28-2
EXHIBIT A
CULTURAL HERITAGE COMMISSION
CONDITIONS OF APPROVAL
Project #: Site Plan Review (SPR) 05-04
Project Name: Los Rios Park & Parking Lot
APPROVAL DATE: February 28, 2006
EFFECTIVE DATE: Same as AC # 05-09
EXPIRATION DATE: Sante as AC # 05-09
These conditions, of approval apply to Los Rios Park & Parking Lot, Site Plan
Review (SPR) 05-04 to construct a parking lot and a passive park on 4 acres of
City -owned property located within the Los Rios Specific Plan area. The parking lot
is proposed to include 83 parking spaces, a drainage bio-swale, and delivery
drop/pickup turn -around area. The park is proposed to include a tot lot, restroom
building, equestrian area, picnic areas, native landscaping and a pedestrian plaza.
The park is intended for daylight use only and lighting will be limited to low -intensity
security lighting. The park design also includes landscape enhancement to the
Montanez Adobe property. The existing landscape will be replaced with native and
drought tolerant plant material and the project will not involve any modifications to
the Abobe building. The project addresses previous concepts suggested by the
Cultural Heritage Commission including a separate building for restroom, storage
and electrical panel for the Adobe and incorporation of historical interpretation
elements originally conceived as the pathway to history. Structural repairs to the
Adobe will be separate CIP projects. Any proposed change of use or expansion of
the area or modifications to the site plan or structures shall be submitted to the City
Planning Department for review and approval.
General Conditions:
Selection of all furniture, light standards, walls, fencing, trash receptacles, bike
racks, benches, and picnic tables shall conform to the Secretary of the
Interior's Standards for Rehabilitation for all areas of park within the National
Register Historic District. The design materials and finishes for the restroom
building shall also conform to the Secretary of the Interior's Standards for
Rehabilitation.
2. _ All landscape material planted within the Historic District shall be consistent
with the existing natural and organic texture of Los Rios Street, and sensitive
to the historic and rural character, and visual aesthetics of the area.
•
•
Resolution #06-2-28-2 Final Conditions of Approval
Project # SPR 05-04 Date: February 28, 2006
Page 2 of 3
3. _ The long-term maintenance program of the park shall ensure that all native
trees and plants are not trimmed, pruned or topped in a manner that damages
or inhibits the tree/plant natural growth characteristics.
4. Prior to any ground -disturbing activity for the project, the City shall retain a
qualified archaeologist (defined as an archaeologist on the List of Certified
Archaeologists for Orange County) to monitor site clearing, grading, and
excavation activities, stating the name, qualifications, and contact information
for the archaeologist. The archaeologist shall be present at pre -construction
meetings to advise construction contractors about the sensitive nature of
cultural resources located on and/or in the vicinity of the project site, as well as
monitoring requirements. A qualified monitor (defined as an individual with a
bachelors degree in anthropology with archaeological monitoring experience),
supervised by the qualified archaeologist, shall observe on- and off-site
construction activities that result in grading, and/or excavating on or below the
original ground surface (including during any project -related off-site utility
[natural gas, electricity, sewer, water, drainage, communications, etc.] and
roadway improvements). Should nonhuman cultural resources be discovered,
the monitor shall have the power to temporarily halt or divert construction
activities until the qualified archaeologist can determine if the resources are
significant and, if significant, until recovered by the archaeologist.
In the event that human remains are discovered, construction activities shall
be halted or diverted until the provisions of §7050.5 of the Health and Safety
Code and §5097.98 of the Public Resources Code have been implemented.
(PLN)
5.— During ground -disturbing activities for the project, a Native American monitor
shall observe activities that result in site clearing, grading, excavating, and/or
trenching on or below the original ground surface (including during project -
related off-site utility [e.g., natural gas, electricity, sewer, water, drainage,
communications, etc.] and roadway improvements). The Native American
monitor shall consult with the archaeological monitor regarding objects and
remains encountered during grading that may be considered sacred or
important. In the event that evidence of human remains is discovered, the
Native American monitor shall verify that the archaeologist has notified the
Coroner. (PLN)
6. Prior to the City's issuance of a Notice of Completion for the park and parking
lot project, the City shall ensure that final reports for any historical, cultural, or
archaeological resources recovered from the project site during grading or
construction have been filed with the City. Reports shall include information on
disposition of resources. (PLN)
*Denotes Environmental Mitigation Measure
*Denotes Environmental Mitigation Measure
•
•
Resolution #06-2-28-2 Final Conditions of Approval
Project # SPR 05-04 Date: February 28, 2006
Page 2 of 3
3. _ The long-term maintenance program of the park shall ensure that all native
trees and plants are not trimmed, pruned or topped in a manner that damages
or inhibits the tree/plant natural growth characteristics.
4. _' Prior to any ground -disturbing activity for the project, the City shall retain a
qualified archaeologist (defined as an archaeologist on the List of Certified
Archaeologists -for Orange County) to monitor site clearing, grading, and
excavation activities, stating the name, qualifications, and contact information
for the archaeologist. The archaeologist shall be present at pre -construction
meetings to advise construction contractors about the sensitive nature of
cultural resources located on and/or in the vicinity of the project site, as well as
monitoring requirements. A qualified monitor (defined as an individual with a
bachelors degree in anthropology with archaeological monitoring experience),
supervised by the qualified archaeologist, shall observe on- and off-site
construction activities that result in grading, and/or excavating on or below the
original ground surface (including during any project -related off-site utility
[natural gas, electricity, sewer, water, drainage, communications, etc.] and
roadway improvements). Should nonhuman cultural resources be discovered,
the monitor shall have the power to temporarily halt or divert construction
activities until the qualified archaeologist can determine if the resources are
significant and, if significant, until recovered by the archaeologist.
In the event that human remains are discovered, construction activities shall
be halted or diverted until the provisions of §7050.5 of the Health and Safety
Code and §5097.98 of the Public Resources Code have been implemented.
(PLN)
5. _' During ground -disturbing activities for the project, a Native American monitor
shall observe activities that result in site clearing, grading, excavating, and/or
trenching on or below the original ground surface (including during project -
related off-site utility [e.g., natural gas, electricity, sewer, water, drainage,
communications, etc.) and roadway improvements). The Native American
monitor shall consult with the archaeological monitor regarding objects and
remains encountered during grading that may be considered sacred or
important. In the event that evidence of human remains is discovered, the
Native American monitor shall verify that the archaeologist has notified the
Coroner. (PLN)
6. — Prior to the City's issuance of a Notice of Completion for the park and parking
lot project, the City shall ensure that final reports for any historical, cultural, or
archaeological resources recovered from the project site during grading or
construction have been filed with the City. Reports shall include information on
disposition of resources. (PLN)
'Denotes Environmental Mitigation Measure
0 0
Resolution #06-2-28-2 Final Conditions of Approval
Project # SPR 05-04 Date: February 28, 2006
Page 3 of 3
7. _ The project does not involve alterations to the Montanez Adobe. However,
proposed irrigation shall be designed to prevent runoff towards the Adobe and
no excavation shall be conducted within close proximity to the foundation of
the Adobe. (PLN)
8.— The project shall incorporate appropriate historical and interpretative elements,
designed in conformance with the Secretary of the Interior's Standards. (PLN)
9.— Vehicular access onto Los Rios Street from the parking lot shall be restricted
with the installation of bollards. Access shall only be for pedestrians and
emergency vehicles.
End of Conditions
PAPlanning\Archive\SPR PROJECTS\Spr0504LosRiosPark&ParkingLot\SPR0504 CHC coa 28FebO6.doc
`Denotes Environmental Mitigation Measure
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675.
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
���y,,yy IA[AAIAAAIEA
OT RISem 1961
1776
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
The City Council of San Juan Capistrano will meet at 7:00 p.m. on August 1, 2006 in the
City Council Chamber in City Hall, to consider: "Consideration of Personal Services
Agreement for Final Engineering Design and Preparation of Construction Plans,
Specification and Cost Estimates for the Los Rios Park & Parking Lot (David Volz
Design)(CIP No. 465)" — Item No. D9.
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 the City Clerk's office by 5:00
p.m. on Monday, July 31, 2006 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "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 David Contreras,
Associate Planner. You may contact that staff member at (949) 949-443-6330 with any
questions.
The agenda, including agenda reports,
www.sanivancapistrano.org. If you would
agendas are posted to the web site, please
council -agendas a sanivancapistrano.org.
Meg Monahan, CMC
City Clerk
is available to you on our web site:
like to subscribe to receive a notice when
make that request by sending an e-mail to:
cc: David Volz Design (DVD)*; FORMA*; Moore lacofano Goltsman, Inc*; Land
Concern*; Molly Bogh, Planning Director; David Contreras, Associate Planner
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
C" Primed. 1W%. Recyd•C Paper
32400 PASEO AOELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www sanjuancapistrano. org
August 2, 2006
1]
J�
j� Ip[AAIAAAIfI
• fsumsem � 1961
1776
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
On August 1, 2006 the City Council of San Juan Capistrano met regarding:
"Consideration of Personal Services Agreement for Final Engineering Design and
Preparation of Construction Plans, Specification and Cost Estimates for the Los
Rios Park & Parking Lot (David Volz Design)(CIP No. 465)" Item No. D9.
The following action was taken at the meeting: Personal Services agreement with
David Volz Design (DVD) for final engineering design and preparation of plans,
specifications, and cost estimates for the los Rios Park & Parking Lot project, in
the amount of $214,500, approved
The following documents are in the process of being executed: n/a
If you have any questions regarding this action, please contact David Contreras,
Associate Planner at 949-443-6330 for more detailed information.
Thank you,
Meg Monahan, CMC
City Clerk
Cc: David Volz Design (DVD)*; FORMA*; Moore lacofano Goltsman, Inc*; Land
Concern*; Molly Bogh, Planning Director; David Contreras, Associate Planner
San Juan Capistrano: Preserving the Past to Enhance the Future
Ca PrirrtW on 100%Recycled Paper
CITY CLERK'S DEPARTMENT - ACTION REMINDER"Q5{ectt/ e`�4
G\tco\0�--t
TO: David Contreras, Senior Planner
FROM: Christy Jakl, Administrative Specialist DATE: September 15, 2009
SITUATION:
On August 1, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with David Volz Design to provide the final engineering design and prepare
construction plans, specifications and cost estimates for the Los Rios Park master plan,
encompassing a passive park and parking lot on Planning Commission's approval of
Architectural Control.
ACTION REQUESTED:
Said Agreement states services shall be completed no later than February 1, 2007.
On January 11, 2007, said agreement extended to June 1, 2007.
On May 31, 2007, said agreement extended to October 1, 2007.
On October 3, 2007, said agreement extended to December 31, 2007
On February 20, 2008, said agreement extended to April 1, 2008.
On April 7, 2008, said agreement extended to May 30, 2008.
On June 10, 2008, said agreement extended to February 1, 2008.
On January 19, 2009, said agreement extended to April 30, 2009.
On April 24, 2009, said agreement extended to June 30, 2009.
On June 17, 2009, said agreement extended to August 30, 2009.
On August 25, 2009, said agreement extended to September 30, 2009.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BETAKEN: Cs (,P�j ter
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 01/01/07 05/01/07 09/01/07 12/01/07 04/01/08 06/01/08
Deadline Date: 02/01/07 06/01/07 10/01/07 12/31/07 04/01/08 05/30/08
01/01/09 04/01/09 06/01/09 08/01/09 09/15/09
02/01/09 04/30/09 06/30/09 08/30/09 09/30/09
(600.30/davidvolz)
r -I
LA
CITY CLERK'S DEPARTMENT -ACTION REMINDER �; (ZSj- Pe(j(tie f
611 -1 tum
TO: David Contreras, Senior Planner
FROM: Christy Jakl, Administrative Specialist DATE: August 1, 2009
SITUATION:
On August 1, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with David Volz Design to provide the final engineering design and prepare
construction plans, specifications and cost estimates for the Los Rios Park master plan,
encompassing a passive park and parking lot on Planning Commission's approval of
Architectural Control.
ACTION REQUESTED:
Said Agreement states services shall be completed no later than February 1, 2007.
On January 11, 2007, said agreement extended to June 1, 2007.
On May 31, 2007, said agreement extended to October 1, 2007.
On October 3, 2007, said agreement extended to December 31, 2007
On February 20, 2008, said agreement extended to April 1, 2008.
On April 7, 2008, said agreement extended to May 30, 2008.
On June 10, 2008, said agreement extended to February 1, 2008.
On January 19, 2009, said agreement extended to April 30, 2009.
On April 24, 2009, said agreement extended to June 30, 2009.
On June 17, 2009, said agreement extended to August 30, 2009.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN: er," -kv (;ep{-, `3pl 2a� .
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: -cop," it
SIGNATURE OF OFFICIALn TAKING ACTION:
DATE SIGNED: r
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 01/01/07
05/01/07
09/01/07
12/01/07 04/01/08 06/01/08
Deadline Date: 02/01/07
06/01/07
10/01/07
12/31/07 04/01/08 05/30/08
01/01/09
04/01/09
06/01/09
08/01/09
02/01/09
04/30/09
06/30/09
08/30/09
(600.30/davidvolz)
CITY CLERK'S DEPARTMENT - ACTION REMINDER✓fit<<l ��� }
TO: David Contreras, Senior Planner
FROM: Christy Jakl, Administrative Specialist DATE: June 1, 2009
«�ii1�L�I�A
On August 1, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with David Volz Design to provide the final engineering design and prepare
construction plans, specifications and cost estimates for the Los Rios Park master plan,
encompassing a passive park and parking lot on Planning Commission's approval of
Architectural Control.
ACTION REQUESTED:
Said Agreement states services shall be completed no later than February 1, 2007.
On January 11, 2007, said agreement extended to June 1, 2007.
On May 31, 2007, said agreement extended to October 1, 2007.
On October 3, 2007, said agreement extended to December 31, 2007
On February 20, 2008, said agreement extended to April 1, 2008.
On April 7, 2008, said agreement extended to May 30, 2008.
On June 10, 2008, said agreement extended to February 1, 2008.
On January 19, 2009, said agreement extended to April 30, 2009.
On April 24, 2009, said agreement extended to June 30, 2009.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN: p` fp lVZ71- 3D 1,4 ;-I)v p
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: �eO/
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 01/01/07
05/01/07
09/01/07 12/01/07 04/01/08 06/01/08
Deadline Date: 02101/07
06/01/07
10/01/07 12/31/07 04/01/08 05/30/08
01/01/09
04/01/09
06/01/09
02/01/09
04/30/09
06/30/09
(600.30/davidvolz)
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: David Contreras, Senior Planner
FROM: Christy Jakl, Administrative Specialist DATE: April 1, 2009
SITUATION:
On August 1, 2006, the City of San
Agreement with David Volz Design
construction plans, specifications and
encompassing a passive park and
Architectural Control.
ACTION REQUESTED:
Juan Capistrano entered into a Personal Services
to provide the final engineering design and prepare
cost estimates for the Los Rios Park master plan,
parking lot on Planning Commission's approval of
Said Agreement states services shall be completed no later than February 1, 2007.
On January 11, 2007, said agreement extended to June 1, 2007.
On May 31, 2007, said agreement extended to October 1, 2007.
On October 3, 2007, said agreement extended to December 31, 2007
On February 20, 2008, said agreement extended to April 1, 2008.
On April 7, 2008, said agreement extended to May 30, 2008.
On June 10, 2008, said agreement extended to February 1, 2008.
On January 19, 2009, said agreement extended to April 30, 2009.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN: 4 L, -:TK—u /U01
DATE WHEN NEXT ACTION (S) SHOULD BETAKEN: f'"101
SIGNATURE OF OFFICIAL TAKING ACTION: 0-aug
DATE SIGNED: A' tq
Tickler Date: 01/01/07
Deadline Date: 02/01/07
01/01/09
02/01/09
(600.30/davidvolz)
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
05/01/07 09/01/07
06/01/07 10/01/07
04/01/09
04/30/09
12/01/07 04/01/08 06/01/08
12/31/07 04/01/08 05/30/08
0
0
CITY CLERK'S DEPARTMENT - ACTION REMINDER t 1 rmj- N oil C-[
A�LS1Oc{
TO: David Contreras, Senior Planner
_iOkl
FROM: Christy Swanson -Administrative Specialist DATE: January 1, 2009
SITUATION:
On August 1, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with David Volz Design to provide the final engineering design and prepare
construction plans, specifications and cost estimates for the Los Rios Park master plan,
encompassing a passive park and parking lot on Planning Commission's approval of
Architectural Control.
ACTION REQUESTED:
Said Agreement states services shall be completed no later than February 1, 2007.
On January 11, 2007, said agreement extended to June 1, 2007.
On May 31, 2007, said agreement extended to October 1, 2007.
On October 3, 2007, said agreement extended to December 31, 2007
On February 20, 2008, said agreement extended to April 1, 2008.
On April 7, 2008, said agreement extended to May 30, 2008.
On June 10, 2008, said agreement extended to February 1, 2008.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BETAKEN: �jCCWV t0hkTK a -00 ATM, 301ODOR-
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION: l ONl
DATE SIGNED: —1 hl 101
Tickler Date: 01/01/07
Deadline Date: 02/01/07
01/01/09
02101/09
(600.30/davidvolz)
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
05/01/07 09/01/07 12/01/07 04/01/08 06/01/08
06/01/07 10/01/07 12/31/07 04/01/08 05/30/08
0
0
h2,�- No1 l C -
CITY CLERKS DEPARTMENT - ACTION REMINDER I t p b
TO: David Contreras, Senior Planner 1
FROM: Christy Swanson, Administrative Specialist DATE: June 1, 2008
SITUATION:
On August 1, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with David Volz Design to provide the final engineering design and prepare
construction plans, specifications and cost estimates for the Los Rios Park master plan,
encompassing a passive park and parking lot on Planning Commission's approval of
Architectural Control.
ACTION REQUESTED:
Said Agreement states services shall be completed no later than February 1, 2007.
On January 11, 2007, said agreement extended to June 1, 2007.
On May 31, 2007, said agreement extended to October 1, 2007.
On October 3, 2007, said agreement extended to December 31, 2007
On February 20, 2008, said agreement extended to April 1, 2008.
On April 7, 2008, said agreement extended to May 30, 2008.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN: �Nf 00 TO 004*
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: Tu vLc 10I ZOOS
SIGNATURE OF OFFICIAL TAK�IN/G ACTION: y-
DATE SIGNED: X 6 11°% Y
Tickler Date: 01/01/07
Deadline Date: 02/01/07
(600.30/davidvolz)
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
05/01/07 09/01/07 12/01/07 04/01/08 06/01/08
06/01/07 10/01/07 12/31/07 04/01/08 05/30/08
11
CITY CLERK'S DEPARTMENT - ACTION REMINDER {-,2S T- l�or1 C e
TO: David Contreras, Senior Planner At
FROM: Christy Swanson, Administrative Specialist DATE: April 1, 2008
SITUATION:
On August 1, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with David Volz Design to provide the final engineering design and prepare
construction plans, specifications and cost estimates for the Los Rios Park master plan,
encompassing a passive park and parking lot on Planning Commission's approval of
Architectural Control.
ACTION REQUESTED:
Said Agreement states services shall be completed no later than February 1, 2007.
On January 11, 2007, said agreement extended to June 1, 2007.
On May 31, 2007, said agreement extended to October 1, 2007.
On October 3, 2007, said agreement extended to December 31, 2007
On February 20, 2008, said agreement extended to April 1, 2008.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN: " -� mt -; j0 +&.
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: �ll�
SIGNATURE OF OFFICIAL TAKING ACTION: L�
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 01/01/07 05/01/07 09/01/07 12/01/07 04101/08
Deadline Date: 02/01/07 06101107 10/01/07 12/31107 04101108
(600.30/davidvolz)
0
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: David Contreras, Senior Planner SECOND RE U
2
�2b0
FROM: Christy Swanson, Administrative Specialist DATE: December 1, 2007
SITUATION:
On August 1, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with David Volz Design to provide the final engineering design and prepare
construction plans, specifications and cost estimates for the Los Rios Park master plan,
encompassing a passive park and parking lot on Planning Commission's approval of
Architectural Control.
ACTION REQUESTED:
Said Agreement states services shall be completed no later than February 1, 2007.
On January 11, 2007, said agreement extended to June 1, 2007.
On May 31, 2007, said agreement extended to October 1, 2007.
On October 3, 2007, said agreement extended to December 31, 2007
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN: �2eWP 70
G.
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: A p aL ✓fjUvC�
SIGNATURE OF OFFICIAL TAKING ACTION: O."r I 2,g2�!�
DATE SIGNED: oqe t
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 01/01/07 05/01/07
Deadline Date: 02/01/07 06/01/07
(600.30/davidvolz)
09/01/07 12/01/07
10/01/07 12/31/07
n
LJ
11
CITY CLERK'S DEPARTMENT - ACTION REMINDER Tj—zS Nv1lCC
TO: David Contreras, = lanner
FROM: Christy Swanson, Secretary DATE: September 1, 2007
SITUATION:
On August 1, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with David Volz Design to provide the final engineering design and prepare
construction plans, specifications and cost estimates for the Los Rios Park master plan,
encompassing a passive park and parking lot on Planning Commission's approval of
Architectural Control.
ACTION REQUESTED:
Said Agreement states services shall be completed no later than February 1, 2007.
On January 11, 2007, said agreement extended to June 1, 2007.
On May 31, 2007, said agreement extended to October 1, 2007.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN:
DATE WHEN NEXT ACTION (S) SHOULD BETAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION: ✓L(�C
DATE SIGNED: '.3 '0'
tickler Date: 01/01/07
Deadline Date: 02/01/07
(600.30/davidvolz)
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
05/01/07 09/01/07
06/01/07 10/01/07
0
0
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: David -Contreras, Associate Planner
FROM: Christy Swanson, Secretary DATE: May 1, 2007
SITUATION:
On August 1, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with David Volz Design to provide the final engineering design and prepare
construction plans, specifications and cost estimates for the Los Rios Park master plan,
encompassing a passive park and parking lot on Planning Commission's approval of
Architectural Control.
ACTION REQUESTED:
Said Agreement states services shall be completed no later than February 1, 2007.
On January 11, 2007, said agreement extended to June 1, 2007.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN: JOKV"7:> a cr r- OCTA /'7
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: ,Zj dF' UT444!5� /17z07
SIGNATURE OF OFFICIAL TAKING ACTION: �o
DATE SIGNED: 3/. 6) F"
Tickler Date: 01/01/07
Deadline Date: 02101/07
(600.30/davidvolz)
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
05/01/07
06/01/07
Nc91CC
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: David Contreras, Associate Planner
FROM: Christy Swanson, Secretary DATE: January 1, 2007
Mitt"-, 09],1a
On August 1, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with David Volz Design to provide the final engineering design and prepare
construction plans, specifications and cost estimates for the Los Rios Park master plan,
encompassing a passive park and parking lot on Planning Commission's approval of
Architectural Control.
ACTION REQUESTED:
Said Agreement states services shall be completed no later than February 1, 2007.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN: P(� w> 7V 0AW4
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:�j
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: /-
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 01/01/07
Deadline Date: 02/01/07
(600.30/davidvolz)