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11-1004_OPEN SPACE FOUNDATION, SJC_Site Access LicenseSITE ACCESS LICENSE This Site Access License ("License") is granted as of the day of October, 2011 to the San Juan Capistrano Open Space Foundation ("Licensee") by the City of San Juan Capistrano, a municipal corporation ("Owner"). Whereas, Licensee proposes to provide volunteer services to the Owner for the benefit of the community on Owner's property located at 2C Ranch as depicted on plans approved by the City (the "Property") consisting of constructing trail and equestrian related improvements consistent with a City -issued building permit(s). Whereas, City supports the community services provided by Licensee. NOW, THEREFORE, in exchange for Licensee's promises stated herein, the Owner grants this License subject to the following terms and conditions: 1. Grant of License. The Owner hereby grants to Licensee, its contractors, and their employees, volunteers and agents, a non-exclusive revocable temporary license and permission to enter upon the Property for the purpose stated above. Except as specifically set forth in this Section 1; Licensee shall not use or enter upon any portion of the Property for any other purpose without the prior written consent of the Owner. Licensee's use of the Property pursuant to the license granted herein shall not interfere with the Owner's use of the Property. 2. Scope of Work. The Licensee shall construct the final project that the Owner approves and shall notify the Owner of any planned deviations, revisions or alterations to the project prior to constructing said improvements. The Licensee shall secure written approval from the Owner for any work conducted outside the limit of work area and shall secure required building permits and any other permit(s) outlined in the Municipal Code. The Licensee shall schedule all required site inspections with the designated Owner representative(s). 3. Condition of Premises. Licensee understands and acknowledges that Licensee (a) has inspected the Property and accepts to enter upon the Property in its "AS IS" condition with full knowledge of the physical condition thereof, (b) the Property may contain hazardous conditions which may present danger and/or risks to the persons and property, and (c) Owner, its officials, employees, representatives and agents, have not made representation or warranty, express or implied, as to the condition of the Property, the suitability of the Property for any purpose. 4. Insurance. Licensee shall, at its sole cost and expense, procure and maintain in effect throughout the term of this License, maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars 1 per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the access and activities contemplated by this License. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this License or the general aggregate limit shall be at least twice the required occurrence limit. Prior to accessing the Property under this License, Licensee shall submit the insurance certificates, including the deductible or self -retention amount; and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured's as respects each of the following: Liability arising out of activities performed by or on behalf of Licensee, including the insured's general supervision of Licensee; products and completed operations of Licensee; or automobiles owned, leased, hired, or borrowed by Licensee. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, or agents. 5. Indemnification. Licensee shall indemnify, defend (with counsel acceptable to Owner), protect and hold harmless Owner and its directors, officers, employees, shareholders, members, partners, lenders, agents, representatives, contractors and each of their respective successors and assigns and Owner's affiliates and members (collectively, "Owner's Parties") from and against any and all claims, demands, judgments, actions, damages, losses, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees and court costs), whether based on personal injury, property damage, negligence, nuisance; trespass, or pollution, arising at any time during . or after the Term as a result (directly or indirectly) of or in connection with Licensee's access or use of Owner's Property pursuant to this License, or the conduct of Licensee's activity, work or things done, permitted or suffered by Licensee in or about Owner's Property pursuant to this License, except to the extent caused by Owner's negligence or willful misconduct. The obligations of Licensee under this Section 4 shall survive the expiration or earlier termination of this License. 6. Termination. Notwithstanding the provisions of Section 1, above, this License may be terminated by Owner "at will" and for no cause. No termination hereof shall release Licensee or its respective successors or assigns from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions, or events occurring prior to the effective date of such termination. 7. Surrender. Upon expiration or earlier termination of this License, Licensee shall remove all Licensees' personal property, Except for the improvements or work identified in this License, Licensee shall clean, repair and restore Owner's Property to the same condition as existed prior to Licensee's entry thereon. 8. Term. This License shall expire on March 1, 2012. % San Juan Capistrano Open Space Foundation By: Lee 44— Print Name: Ai(6,0 6;22gs Title: L9&r#,C(4"v_r APPROVED AS TO FORM: By: 1 q% %. 1� . / L I mar San val, City Attorney 3 10/4/2011 AGENDA REPORT D14 TO: Karen P. Brust, City Mona FROM: Grant Taylor, Development Services Director SUBJECT: Consideration of Approval of a New Site Access License for the San Juan Capistrano Open Space Foundation's Proposed Construction of Multi -Use Trail -Related Improvements on 2C Ranch. RECOMMENDATION: • s Grant a new Site Access License to the Open Space Foundation to allow access to 2C Ranch to construct those proposed improvements conceptually approved by the City Council on February 15, 2011 (see Attachment 1, 2C Ranch Site Access License for the Open Space Foundation); and, 2. Allocate up to $2,900 for a geologic site reconnaissance; and equestrian fencing and signage along the Trabuco Creek embankment from the City's existing City - Wide Trail Improvements Capital Improvement Project (CIP #07204). SITUATION: Last Fall, the City Council considered proposed conceptual plans submitted by the Open Space Foundation (OSF) for the construction of trail -related improvements to the southern portion of the 2C Ranch, as well as the Northwest Open Space (see Attachment 2, 2C Ranch Conceptual Design Plans). One of the OSF's primary objectives has been to improve public accessibility to the City's open space lands through these improvements. The OSF completed the Northwest Open Space staging area last Spring and on June 25, 2011, that staging area was officially opened for public use. The OSF is now prepared to move forward with the 2C Ranch trail improvements. However, the Site Access License granted last October will expire on October 15, 2011 which provides insufficient time to complete the planned improvements. Thus, OSF needs to secure a new license from the City in order to proceed with the improvements to 2C Ranch. Staff recommends that the City Council grant a new Site Access License to the OSF to allow access to the 2C Ranch to construct the proposed improvements and allocate up to $2,900 of costs to be incurred for geologic site reconnaissance, fencing and signage to assure the area is safe for public access. Agenda Report Paae 2 BACKGROUND: October 4. 2011 On October 19, 2010, the City Council considered proposed conceptual site and improvement plans for both the 2C Ranch and the Northwest Open Space submitted by the OSF (see Attachment 3, City Council October 19, 2010 Minutes). At that time, the OSF proposed to construct trail -related rest -stop improvements on the southern portion of the 2C Ranch Property. The OSF's proposed improvements to the 2C Ranch that were approved by the City Council at that time included: • constructing a horse water trough and hose bib (faucet) for trail users; • installing three (3) picnic benches; • installing a 30 -foot long steel -pipe, hitching post; and, • constructing a stone -faced, brick -topped monument with a brass plague commemorating the 2C Ranch site. At the October 19, 2010 meeting, the OSF requested that the City pay the cost of waterline improvements to the 2C Ranch property which were subsequently determined to be about $25,500 by the Utilities Department. City Council continued consideration of the proposal, and on February 15, 2011 took the following action (see Attachment 4, City Council February 15, 2011 Minutes): • approved the OSF's preliminary improvement plans for interim trail -related improvements on a portion of the 2C Ranch and, the Northwest Open Space; and, • approved funding of waterline improvements to 2C Ranch not to exceed a maximum of $25,500; and, • granted a Permit Fee Waiver to the OSF for the processing of any required grading and building permits related to the proposed interim trail improvements; and, • granted a Site Access License to OSF to allow access to 2C Ranch to construct the proposed improvements. STAFF ANALYSIS: The winter storms of 2010-2011 resulted in damage to various areas within the City. Coincidentally, the damage to public facilities from those storms was reported to the City Council at the February 15, 2011, meeting. A subsequent site inspection of the 2C Ranch property by City staff revealed that as a result of those storms, the westerly embankment of Trabuco Creek had been severely eroded. That erosion resulted in an apparently unstable embankment, based on fissures in the ground surface, and a 40 to 50 foot elevation difference from the 2C Ranch area to the creek below. In order to assure that the 2C Ranch trail area and trail users are protected from the apparent unstable embankment condition along Trabuco Creek, staff recommends that the City Council authorize up to a maximum of $1,000 to conduct a site geologic reconnaissance. Lawson & Associates Geotechnical Consulting Inc. has provided a Agenda Report Page 3 October 4, 2011 letter proposal indicating that they would review background geotechnical data for the project site, visit the site to determine the actual geologic conditions, review those conditions and alternatives with City staff, and provide a recommendation for a minimum setback. In order to keep trail users at a safe distance from the Trabuco Creek embankment, trail fencing would be installed at the edge of the recommended setback and extended for not more than 320 feet. In addition, staff envisions the installation of appropriate signage along the fence. Public Works Department has estimated the cost of fencing and signage at $1,750 and with a 10% contingency, not more than $1,900. FINANCIAL CONSIDERATIONS; Staff recommends the $2,900 be allocated for these costs from the City's existing City - Wide Trail Improvements Capital Improvement Project (CIP #07204). PUBLIC NOTIFICATION Public notification has been provided through posting of the meeting agenda on the City's website and notification was provided to the following OSF representatives: Tom Ostensen Brad Gates Tim Neely I:1MiCTili► 4M11T_"%dii]zj By motion, 1. Grant a new Site Access License to the Open Space Foundation to allow access to 2C Ranch to construct those proposed improvements conceptually approved by the City Council on February 15, 2011 (see Attachment 1, 2C Ranch Site Access License for the Open Space Foundation); and, 2. Allocate up to $2,900 for a geologic site reconnaissance; and equestrian fencing and signage along the Trabuco Creek embankment from the City's existing City - Wide Trail Improvements Capital Improvement Project (CIP #07204). Respectfully submitted, Grant Tayl Development Services Director Prepared by: (�%Vt � � 61 � "11'"9 William A. Ramsey, AICP Principal Planner Agenda Report Page 4 October 4, 2011 Attachment: 1. 2C Ranch Site Access License for the Open Space Foundation. 2. 2C Ranch Conceptual Design Plans. I City Council October 19, 2010 Minutes. 4. City Council February 15, 2011 Minutes. SITE ACCESS LICENSE This Site Access License ("License") is granted as of the day of October, 2011 to the San Juan Capistrano Open Space Foundation ("Licensee") by the City of San Juan Capistrano, a municipal corporation ("Owner"). Whereas, Licensee proposes to provide volunteer services to the Owner for the benefit of the community on Owner's property located at 2C Ranch as depicted on plans approved by the City (the "Property") consisting of constructing trail and equestrian related improvements consistent with a City -issued building permit(s). Whereas, City supports the community services provided by Licensee. NOW, THEREFORE, in exchange for Licensee's promises stated herein, the Owner grants this License subject to the following terms and conditions: 1. Grant of License. The Owner hereby grants to Licensee, its contractors, and their employees, volunteers and agents, a non-exclusive revocable temporary license and permission to enter upon the Property for the purpose stated above. Except as specifically set forth in this Section 1; Licensee shall not use or enter upon any portion of the Property for any other purpose without the prior written consent of the Owner. Licensee's use of the Property pursuant to the license granted herein shall not interfere with the Owner's use of the Property. 2. Scope of Work. The Licensee shall construct the final project that the Owner approves and shall notify the Owner of any planned deviations, revisions or alterations to the project prior to constructing said improvements. The Licensee shall secure written approval from the Owner for any work conducted outside the limit of work area and shall secure required building permits and any other permit(s) outlined in the Municipal Code. The Licensee shall schedule all required site inspections with the designated Owner representative(s). 3. Condition of Premises. Licensee understands and acknowledges that Licensee (a) has inspected the Property and accepts to enter upon the Property in its "AS IS" condition with full knowledge of the physical condition thereof, (b) the Property may contain hazardous conditions which may present danger and/or risks to the persons and property, and (c) Owner, its officials, employees, representatives and agents, have not made representation or warranty, express or implied, as to the condition of the Property, the suitability of the Property for any purpose. 4. Insurance. Licensee shall, at its sole cost and expense, procure and maintain in effect throughout the term of this License, maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars I ATTACHMENT 1 per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the access and activities contemplated by this License. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this License or the general aggregate limit shall be at least twice the required occurrence limit. Prior to accessing the Property under this License, Licensee shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured's as respects each of the following: Liability arising out of activities performed by or on behalf of Licensee, including the insured's general supervision of Licensee; products and completed operations of Licensee; or automobiles owned, leased, hired, or borrowed by Licensee. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, or agents. 5. Indemnification. Licensee shall indemnify, defend (with counsel acceptable to Owner), protect and hold harmless Owner and its directors, officers, employees, shareholders, members, partners, lenders, agents, representatives, contractors and each of their respective successors and assigns and Owner's affiliates and members (collectively, "Owner's Parties") from and against any and all claims, demands, judgments, actions, damages, losses, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees and court costs), whether based on personal injury, property damage, negligence, nuisance, trespass, or pollution, arising at any time during . or after the Term as a result (directly or indirectly) of or in connection with Licensee's access or use of Owner's Property pursuant to this License, or the conduct of Licensee's activity, work or things done, permitted or suffered by Licensee in or about Owner's Property pursuant to this License, except to the extent caused by Owner's negligence or willful misconduct. The obligations of Licensee under this Section 4 shall survive the expiration or earlier termination of this License. 6. Termination. Notwithstanding the provisions of Section 1, above, this License may be terminated by Owner "at will" and for no cause. No termination hereof shall release Licensee or its respective successors or assigns from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions, or events occurring prior to the effective date of such termination. 7. Surrender. Upon expiration or earlier termination of this License, Licensee shall remove all Licensees' personal property. Except for the improvements or work identified in this License, Licensee shall clean, repair and restore Owner's Property to the same condition as existed prior to Licensee's entry thereon. 8. Term. This License shall expire on March 1, 2012. 2 City of San Juan Capistrano Karen P. Brust, City Manager APPROVED AS TO FORM: Omar Sandoval, City Attorney San ,Juan Capistrano Open Space Foundation . Print Name: Title: 3 2C Ranch City of San Juan Capistrano Proposed improvements by the Open Space Foundation scale: 1 "=60 feet ATTACHMENT 2 G2. DEVELOPMENT SERVICES a. DISCUSSION OF PROPOSALS BY THE OPEN SPACE FOUNDATION TO CONSTRUCT TRAIL -RELATED IMPROVEMENTS ON A PORTION OF THE 2C RANCH PROPERTY AND CONSTRUCT A MULTI -USE STAGING AREA ON THE NORTHWEST OPEN SPACE (700.10) Council Member Nielsen recused himself due to sitting in the Open Space Foundation Board. William Ramsey, Principal Planner, provided a staff report and responded to questions. Public Comments: • Brad Gates, Open Space Foundation, provided information related to their proposed improvements, and asked that the City install the water supply line and provide water for the horse trough; and responded questions from the City Council. Mayor Uso, asked the possibility of allowing an interested Boy Scout to install the water trough, as an eagle scout project. • Diane Carter, American Horse Products owner, spoke regarding the importance of a staging area, andhaving adequate room for different size trailers to turn and park. • Gail Zukow, Parks, Recreation and Equestrian Commission; requested that the item be presented to the Parks, Recreation and Equestrian Commission. • Adam Maywhort, City resident, spoke regarding importance to consider adequate space for the staging area during the designing process, and have with proper signage that restricts certain area for equestrian parking. • Renee Ritchie, Open Space Committee Member, stated that a lot of time was spent in researching the staging area. Council Comments- * Felt that the City should look into making improvements in their open space in Order for the public to enjoy; and partner with private organizations in hopes of receiving funding opportunities. • Felt that the project is fantastic, but preference in having the City's cost before mailing a final decision. 4 Need to be clear that the staging area will have a separate horse trailers area from single vehicles (general purpose); supported the item going to the Parks, Recreation & Equestrian Commission for their input. • Council Direction to forward the item to the Parks, Recreation and Equestrian Commission for their review, and bring it back to the City Council with the costs of extending an existing potable waterline to the location of the proposed watering trough. 10 10/1912010 ,ATTACHMENT 3 G3. DEVELOPMENT SERVICES a. OPEN SPACE FOUNDATION PRELIMINARY IMPROVEMENT PLANS FOR INTERIM TRAIL -RELATED IMPROVEMENTS ON A PORTION OF THE 2C RANCH AND THE NORTHWEST OPEN SPACE, APPROVED; FUNDING OF WATERLINE IMPROVEMENTS TO 2C RANCH NOT TO EXCEED A MAXIMUM OF $25,500, APPROVED; PERMIT FEE WAIVER TO THE OPEN SPACE FOUNDATION FOR THE PROCESSING OF ANY REQUIRED GRADING AND BUILDING PERMITS RELATED TO THE PROPOSED INTERIM TRAIL IMPROVEMENTS, GRANTED; AND SITE ACCESS LICENSE TO THE OPEN SPACE FOUNDATION TO ALLOW ACCESS TO CONSTRUCT PROPOSED IMPROVEMENTS, GRANTED (390.30/700.10/1050.40) Public Correspondence: • Tony and Orrie Brown, City residents, submitted a letter dated February 15, 2011, asking the City Council not to approve the proposed fee waiver. William A. Ramsey, Principal Planner, provided a staff report and responded to questions. grad Gates, President of the San Juan Capistrano Open Space Foundation, responded to questions. Council Comments: • In favor of opening up the open space, but not in favor in spending from the general fund up to $25,500 in the waterline improvements, preference in using greats if possible. • Supported staff's recommendation due to the public benefit and the work that will be provided by the San duan Capistrano Open Space Foundation. • Stated that the waterline improvement is needed for the watering trough in order to provide water to the parses and also provide drinking water to visitors. Council Motion: Moved by Mayor Allevato, seconded by Council Member Taylor, and carried 3-2 with Mayor pro tem Kramer and Council Member Reeve apposed to approve the Open Space Foundation Preliminary Improvement Plans for interim trail -related improvements on a portion of the 2C Ranch and the Northwest Open Space; approve funding of waterline improvements to 2C Ranch not to exceed a maximum of $25,500; grant permit fee waiver to the Open Space Foundation for the processing of any required grading and building permits related to the proposed interim trail improvements; and grant a Site Access License to the Open Space Foundation to allow access to construct proposed improvements. ROLL CALL: AYES: COUNCIL MEMBER: Freese, Taylor and Mayor Allevato NOES: COUNCIL MEMBER: Reeve and Kramer ABSENT: COUNCIL MEMBER: None Page 1 2/15/2011 ATTACHMENT 4 G4. PUBLIC WORKS a. CHANGE ORDER NO. 1 TO THE EASTERN WELLS PIPELINE CONSTRUCTION CONTRACT WITH PROCRAI=T PLUMBING COMPANY, INC. IN THE AMOUNT OF $121:,254.19, APPROVED; CHANGE ORDER NO 1. TO THE EQUIPPING OF THE EASTERN WELLS CONSTRUCTION CONTRACT WITH GC1 CONSTRUCTION, INC. IN THE AMOUNT OF $26,154.04, APPROVED; AND $330,000 APPROPRIATED FROM. THE WATER CAPITAL FUND TO THE EASTERN WELLS PROJECT TO COVER BUDGET SHORTFALL, CHANGE ORDERS AND CONTINGENCIES (CIP 08802) Nasser Abbaszadeh, Public Works Director, provided a staff report and responded to questions. Council Comments: • Understands that unexpected construction issues are going to occur, but unacceptable to bring" to the City Council change orders after the fact without any prior notification or approvals by the City Council. • Suggested providing memorandums in the Council's mail slots of project updates/change orders. Council Motion: Moved by Mayor pro tem Kramer, seconded by Council Member Taylor, and carried 3-2 with Council Member Freese and Council Member Reeve opposed to approve Change Order No. 1 to the Eastern Wells Pipeline Construction Contract with Procraft Plumbing Company, Inc. in the amount of $121,264.19, approved; approve Change Order No 1. to the Equipping of the Eastern Wells Construction Contract with GCI Construction, Inc. in the amount of $26,154.54; and $330,400 appropriated from the water capital fund to the Eastern Wells Project to cover budget shortfall, change orders and contingencies (CIP 08802); and changing the amount of Procraft Plumbing Company, Inc. Change Order No. 1 from $127,042.00 to the correct amount of $121,264.19 ROLL CALL: AYES: COUNCIL MEMBER: Taylor, Kramer and Mayor Allevato NOES: COUNCIL MEMBER: Freese and Reeve ABSENT: COUNCIL MEMBER: None ORDINANCES. None COUNCILMANIC ITEMS: Mayor pro tem Kramer requested an update on the City Manager recruitment. Joe Tait, City Manager, stated that 81 applications have been received by Human Resources and the City Council has received copies of all the applications. The next step in the process is to set a date for a Special Closed Session meeting. Page 2 211512011 39400A CSADPi .AN`rO SAN JUAN CAPISTRANO, Cid ,926 75 (949) d 1171 (949) 493.105 FAX iwvvw..sa.njuancaapstrano.org MEMBERS of THE MY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAAR ALLEVA70 LAURA FRECSE 1 ARiYY KRAMER D REK REEVE JOHN TAYLOR The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, October 4, 2011, in the City Council Chamber in City Hall, to consider: "Consideration of Approval of a New Site Access License for the San Juan Capistrano Open Space Foundation's Proposed Construction of Multi -Use Trail -Related Improvements on 2C Ranch," -- Item No. D14. 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 12:00 p.m. on Monday, October 3, 2011, 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 William A. Ramsey, AICP, Principal Planner. You may contact that staff member at (949) 443-6334 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an a --mail to: cityclerk -sanjuancapistrano.org. Maria Morris, CMC City Clerk cc: Tim Neely, Tom Ostensen, Brad Gates t r - r r r � .,r ,' lie %JL4 i the .Future r ® JU�V lr/ 1�19w 324001 0 ASr:EP ALTO SAN J.UAk X:kPES'YS2.1&NO CALIFORNbA 92675 C3 Printed on 100% Recycled Paper J.F. Shea Therapeutic Riding Center 26284 Oso Road San Juan Capistrano, CA 92675 L,* Printed ors 10€ % Recycled Paper SYCAMORE TRAILS STABLES 26282 OSO RD SAN JUAN CAPISTRANO CA 92675-1629 ..........:... . Prnted on 100% Reteycltad Paper RANCHO SIERRA VISTA EQUESTRIAN CENTER 31441 Avenida De La Vista San Juan Capistrano, CA 92675-2401 . i..'�'.. .. ..SAN .QUA �/APISTiak€ O EST' RISKED 1776 ® Cj Printed on 100% Recycled Paper Mehdi Rahimi 31053 Avenida De La Vista San Juan Capistrano, CA 92675-2401