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HomeMy WebLinkAbout03-02-1994 CITY COUNCIL AGENDASARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. Z AGENDA ITEM 443 MEETING DATE: MARCH 2, 1994 CITY MGR. ORIGINATING DEPT.: PUBLIC WORKS SUBJECT: SD 92 -006 (14350 Douglass Lane): Final Map Approval for 2 Lots, (Owner, Bochenek) Recommended Motion(s): Move to adopt Resolution No. SD 92 -006 granting final map approval of Tentative Map Application No. SD 92- 006 for two lots at 14350 Douglass Lane. Report Summary: Attached is Resolution No. SD 92 -006 which, if adopted, will grant final map approval for two lots located at 14350 Douglass Lane. I have examined the final map submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The final map substantially complies with the approved tentative map. 2. All conditions of the approved tentative map as contained in Planning Commission Resolution No. SD 92 -006 have been completed or will be completed concurrent with development 'of either of the two lots. 3. The Subdivision Map Act; the City's Subdivision Ordinance and all other applicable provisions of law have been complied with. 4. The final map is technically correct. Consequently, I have executed the City Engineer's certificate on the final map and have filed the final map with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. Fiscal Impacts: The subdivider has paid $7,316.65 in Engineering fees and $8,160 in Park In -Lieu fees required for this subdivision. Follow Up Actions: The signed map will be released to the subdivider's Title Company for recordation. Consequences of Not Acting on the Recommended Motions: The final map must either be approved or rejected by the City Council. If the map is rejected, it would be returned to the subdivider with findings as to why the map was rejected. RESOLUTION NO. SD 92 -006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD 92 -006 14350 DOUGLASS LANE (BOCHENEK) The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Parcels 1 and 2 as shown on that certain Parcel Map prepared by Jennings McDermott and Heiss Engineers, Inc., dated March, 1993, and filed with the City Clerk of the City of Saratoga on March 2, 1994, are approved as two (2) individual parcels. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 2nd day of March, 1994, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Deputy City Clerk SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: MARCH 2, 1994 CITY MGR. OR GINATING DEPT.: PUBLIC WORKS SUBJE :,SD 92 -006 (14350 Douglass Lane): Final Map proval for 2. Lots, (Owner, Bochenek) Recommended Motion (s) : Move to adopt Resoluti n No. SD 92 -006 granting fi l�map approval of Tentative Map Ap ication No. SD 92- 006 for two ots,,at 14350 Douglass Lane. Report Summary. A'tached is Resolution N SD 92 -006 which, if adopted, will g nt final map approval or two lots located at 14350 Douglass Lan ave examined the final map submitted to me in accordance with provisions of Section 14.40.020 of the Municipal Code and h4 �h determined th 1. The final map sub4 ntially/ complies with the approved tentative map. 2. All conditions of the proved tentative map as contained in Planning Commission esolution No. SD 92 -006 have been completed or will be mp eted concurrent with development of either of the two lots. 3. The Subdivision M# Act, the City's Subdivision Ordinance and all other ap icable provisions of law have been complied with. 4. The final map /is technically coriN-,ct. Consequently, I hay executed the City En 'neer's certificate on the 'f final map and have f iled the f inal ma with the City Clerk pursuant to Secti n 14.40.040 of the Municip Code for action by the City Council. Fiscal Im act . The subdivider has paid $7,316 65 in Engineering fees and $8, 1 0 in Park In -Lieu fees required for this subdivision. Follow U Actions: The signed map will be r1e\'leased to the subdivider /s Title Company for recordation. Conse ue ces of Not Acting on the Recommended Motions: The final map mus_ either be approved or rejected by the City Council. If the map 'is rejected, it would be returned to the subdivider with findings as to why the map was rejected. • RESOLUTION NO. SD -92 -006 RESOLUTION APPROVING TENTATIVE MAP OF BOCHENEK; 14350 DOUGLASS LANE APN 397 -16 -141 WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for tentative map approval of two (2) lots, all as more particularly set forth in File No. SD -92 -006 of this City; and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and with all specific plans relating thereto, and the proposed subdivision and land use is compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the Staff Report dated 3/9/93 being hereby made for further particulars; and WHEREAS, none of the conditions set forth in Government Code Sections 66474 (a) - (g) and 66474.6 exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth; and WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested.parties were given a full opportunity to be heard and to present evidence; NOW, THEREFORE, BE IT RESOLVED that the tentative map for the hereinafter described subdivision, which map is dated July, 1992 and noted as being revised January 20, 1993, and marked Exhibit "A" in the hereinabove referred 'file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: Completed by Surveyor. 1. Prior to submittal of the Final Map to the City Engineer for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property corner locations, either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. Completed. 2. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required by Section 14- 40.020 of the Municipal Code, to the City Engineer for examination. The Final Map shall contain all of the information required in Section 14- 40.030 of the Municipal Code and shall be accompanied by the following items: a. one copy of map checking calculations. Fees paid. File No. SD -92 -006; 14350 Douglass Lane 3. Interior monuments set. 4 All easements offered on Final Map. Plans submitted and approved. Fees paid. Agreement signed. 5. b. Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map. C. One copy of each map referenced on the Final Map. d. One copy of each document /deed referenced on the Final Map. e. One copy of any other map, document, deed, easement or other resource that will, facilitate the examination process as requested by the City Engineer. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of the Final Map for examination. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and /or rights of way on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. 6. The owner (applicant) shall submit engineered improvement plans to the City Engineer in conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the City Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map.. 7. The owner (applicant) shall pay an Improvement Plan Checking fee, as determined by the City Engineer, at .the time Improvement Plans are submitted for review. 8. The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14- 60.010 of the Municipal Code prior to Final Map approval. All securities provided. 9• The owner (applicant) shall furnish Improvement Securities in accordance with Section 14- 60.020 of the Municipal Code in the manner and amounts determined by the City Engineer prior to Final Map approval. File No. 3D -92 -006; 14350 Douglass Lane Insurance provided. 10. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14- 05.050 of the Municipal Code, prior to Final Map approval. All utility commitments 11. Prior to Final Map approval, the owner (applicant) shall provided. furnish the City Engineer with satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements. All permits obtained. 12. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to Final Map approval. Acknowledged. 13. All public and private improvements required quired for the project shall be completed and accepted for construction by the City Engineer, Planning Director, and /or the appropriate officials from other public agencies, including public and private utility providers, prior to final approval of any Building permits on any of the lots. Easement offered on 14. The owner (applicant) shall dedicate a pedestrian /equestrian Final Map. easement along the westerly boundary which will connect with the existing pedestrian/ equestrian easement at the southern edge of the property per the Tentative Map, marked Exhibit nAn Reviewed and approved 15 by Planning Commission. Easement offered on Final Map. Acknowledged.' Prior to acceptance of 16. improvements. Trail standards are detailed on Improvement Plans. A 60 ft. riparian habitat preservation/ open space easement shall be shown on the Tentative Map, from the centerline of the creek in both directions (up to the eastern property line along the east side of the creek). This easement shall be shown on the map with the corresponding modification to the lot 2 building envelope, and reviewed by the Planning Commission as a Commission Item at the end of a regular public hearing, prior to approval of the Final Map. . No built improvements, with the exception of open wire fencing (with spacing between the wires of at least 4 inches in diameter), shall be permitted within this 60 ft. easement. Prior to acceptance of subdivision improvements and subject to the review and approval of the Parks and Recreation Commission, the applicant shall improve the. dedicated pedestrian /equestrian easement within the development to the "Trail Design Standards and Details" called out in Chapter 3.7 of the City's Parks and Trails Master Plan. Such improvements shall include asphalt surfacing for the pathway and the construction of an off -road vehicle barrier where it departs from the southerly end of Douglass Lane. Fees paid. 17. The owner (applicant) shall pay the applicable Park and Recreation in -lieu fees prior to Final Map approval. File No. SD -92 -006; 14350 Douglass Lane Assessment completed and 18. The owner (applicant) shall perform a condition assessment of reviewed by City Engineer. the existing bridge spanning the tributary of Wildcat Creek at Recommended improvements the southwest corner of Lot #2. The results of the assessment shall be provided to the City Engineer prior to Final Map are detailed on Improvement .approval. Any recommended maintenance or. repair work shall be Plans. included in the improvement plans and shall be completed along with all other improvements required for the project. Waiver . signed as seperate 19. The owner (applicant) shall agree to waive the right to instrument. protest the. formation of an assessment district by the City for the purpose of undergrounding existing overhead utility .facilities either on or in the vicinity of the property. Such waiver shall run with the property and shall be binding on all future owners of Lots 1 and 2. The waiver shall either appear as a statement on the Final Map or shall be in the form of a separate written instrument to be recorded concurrently with the Final Map. Parcels annexed. Sewer 20. Both parcels shall be connected to the sanitary sewer system connections will occur and annexed into the West Valley Sanitary District prior to during project development. Final Map approval. 21. Domestic water shall be supplied by San Jose Water Company Acknowledged.. per the Santa Clara County Environmental Health Services Land Development Report. PT'ahs reviewed. No SCVWD 22. Final Improvement Plans shall be sent to the Santa Clara permit required. Valley Water District for review and issuance of permit prior to commencement of construction Detailed on improvement 23• Site drainage shall be directed to the proposed storm drain plans. No wells on site. and all existing wells on site, if any, shall be abandoned per Santa Clara Valley Water District standards. Hydrant shown on 24. The owner (applicant) shall install one (1) fire hydrant that improvement plans. meets the Saratoga Fire District's specifications, pursuant to the 1991 Uniform Fire Code. Water flow GPM shall be based on 6,000 sq. ft. potential future residence. The hydrant shall be installed and accepted prior- to construction of any buildings. Acknowledged. 25. Future home construction shall incorporate the following fire protection measures: a. Roof covering shall be fire retardant, Uniform Building Code Class A or B prepared or built -up roofing. b. Early Warning Fire Alarm System shall be installed and maintained in accordance with City. of Saratoga Code Article 16 -60. C. Automatic sprinklers shall be installed in newly constructed attached /detached garages. Sprinklers may File No. 8D -92 -006; 14350 Douglass Lane also be required throughout the entire residence if the available water flow from the hydrant is less than 1,750 GPM. Acknowledged. 26. Future development on Lots 1 and 2 shall require Design Review approval. Appropriate building sites shall be determined at that time, based on current Zoning Ordinance regulations and City policy. The site development plan reviewed by the Planning Commission was an informational document only, intended to indicate that the individual sites could feasibly be developed. Acknowledged. 27• The Design Review application for lot 2 shall include, at a minimum, one 36 inch and one 15 gallon native and /or drought tolerant trees as replacement for tree #11; a 12 inch Coast Live Oak called out in the Arborist Report and approved to be removed as part of the private roadway construction. Acknowledged. 28. Design review approval shall only be granted upon finding that the proposed structures are compatible in terms of scale and design with the existing adjacent residences, that it is in conformance with the City's Residential Design Guidelines and that all of the necessary Design Review findings can be made. Development proposals shall conform with current zoning and building regulations. Completed. 29. Prior to Final Map approval, the existing residence on lot 1 shall be documented and included in the Heritage Preservation Resource Inventory list. Acknowledged. 30. Any future, significant modifications to the existing residence on Lot 1 shall require review by the Heritage Preservation Commission. 31. Pursuant to the City Arborist's report dated September 9,' 1992, all applicable tree preservation measures shall be completed prior to Final map approval, including, but not limited to: on Improvement plans. a. The owner (applicant) shall submit a plan for City Arborist review and approval indicating the installation of adequate aeration tubes to continue an air supply to the roots of tree #14. These shall then be installed, per the approved plan, in conjunction with the street improvements." Irrigation performed and b. Immediately following Tentative Map approval, the documented.. owner (applicant) shall begin an irrigation program for tree #14 to be continued on a monthly basis to the satisfaction of the City Arborist up until the Final Map is accepted by the City. The owner (applicant) shall provide proof to the satisfaction of the Planning Director that such irrigation is being completed. File No. SD -92 -006; 14350 Douglass Lane Security submitted. C. The owner (applicant) shall submit to the City, in a form acceptable to the Planning Director, a $3,967.32 security deposit pursuant to the arborist report dated 9/9/92, to guarantee the maintenance, and preservation of trees on the subject site during roadway construction activity. This deposit shall be released at the time the subdivision improvements are accepted by the City, upon the City Arborist's determination that all applicable tree preservation measures have been followed. Fees paid. d. The applicant shall pay all outstanding arborist fees. 32. Prior to the commencement of any construction activities, the City Arborist shall oversee and inspect the following work: Acknowledged. a. Six (6) foot chain link or welded wire mesh protective fencing shall be placed around the trees under the dripline per the arborist report dated September 9, 1992 to protect the• trees adjacent to the driveway improvements. The City Arborist shall inspect the site to ensure proper fence installation. Acknowledged. b. No ordinance protected trees shall be removed without first obtaining a tree removal permit; with the exception of tree #11 within the access corridor to Lot 2 which is identified in, the arborist report dated September 9, 1992. The Oak and Pine trees proposed for removal within the building footprint of Lot 1 shall remain until a design review application is reviewed and approved by the Planning Commission. Done. 33. The owner (applicant) shall, upon the City's request, defend, indemnify and hold the City and its officers, boards, commis - sions, employees and volunteers harmless from and against any claim, action or proceeding to attack, set aside, void or annul this approval, or any of the proceedings, acts or determinations taken, done or made prior to such approval, which is brought within the time specified in Section 14- 85.060 of the Municipal Code. If a defense is requested, the City shall give prompt notice to the applicant of any such claim, action or proceeding, and shall cooperate fully in the defense thereof. Nothing herein shall prevent the City from participating in the defense, but in such event, the City shall pay its own attorney's fees and costs. Acknowledged. 34. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossi- ble to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. 9 •. File No. SD -92 -006; 14350 Douglass Lane Section 1. Applicant shall sign the agreement to these conditions within 30 days of the passage of this resolution or said resolution shall be void. Section 2. Conditions must be completed within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be.met. Section 4. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commis - sion, State of California, this 9th day of March, 1993, by the following vote: AYES: ASFOUR, BOGOSIAN, CALDWELL, JACOBS, MORAN, MURAKAMI, WOLFE NOES: none ABSENT: none M"lan.ing tt /u Chai Coi i s on ATTEST: Secretary, Plan ' g Commission The foregoing conditions are hereby accepted. Signature of Applicant Date -r SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. Z �-1 AGENDA ITEM l MEETING DATE: MARCH 2, 1994 CITY MGR. ORIGINATING DEPT.: PUBLIC WORKS SUBJECT: Contractual Services Agreement with Center for Independence of the Disabled, Inc. to perform ADA accessibility survey of City facilities for an amount not to exceed $12,000 - Capital Project No. 9302 Recommended Motion(s) : Move to approve the Contractual Services Agreement and authorize the City Manager to sign the agreement on behalf of the City. Report Summary: Attached is a proposed Contractual Services Agreement with the Center for Independence of the Disabled, Inc. of Belmont to assess all City owned facilities for compliance with the public access requirements of the Americans with Disabilities Act. The agreement is written for a not to exceed amount of $12,000 and is based on a single compensation rate for services of. $50 per hour. The Center for Independence of the Disabled, Inc. is a non profit agency which provides services to persons with disabilities. The Center was founded in 1979 by disabled individuals who felt the need to have more input into the services and social conditions necessary for independent living. Through and with the CID, disabled and non - disabled people have worked cooperatively to increase accessibility in communication, education, employment, transportation and architecture. The majority of the CID's Board of Directors and staff are persons.with disabilities who are devoted to finding sensible solutions to accessibility problems. The CID was one of four respondents to -the City's Request for Proposals dated October 8, attached. Their proposal is also attached and among other things, indicates the Center's experience working with public agencies. Each of the four respondents to the City's RFP were interviewed by a team consisting of the former Administrative Analyst, the Building and Grounds Superintendent, the City Codes Administrator and the Public Works Director. Upon completion of the interviews, the team rated the CID as the best qualified to perform the services needed by the City. s-. Under the agreement, the CID will survey all City owned buildings, parks, parking lots and plazas and document all conditions which do not meet the public access requirements of the ADA. Staff will then review the results of the survey and determine the extent to which modifications should be made to correct deficiencies. Based on staff's input, the CID will then update the City's Transition Plan to reflect priorities and time frames for removing access barriers, and findings to support decisions for not removing certain barriers. The updated Transition Plan will then form the basis for programming future expenditures through Capital Project No. 9302. Fiscal Impacts: The agreement limits total compensation to $12,000 for services and $500 for reimbursable expenses. $12,500 is available in the adopted budget in Capital Project No. 9302, Account No. 4520 for this work. Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: The agreement will not be approved and staff will follow whatever other direction is provided by the Council. Follow Up Actions: The City will sign the agreement and authorize the CID to begin their work. It is estimated that the entire assignment will.be completed by the end of April. Attachments: 1. Contractual Services Agreement. 2. Proposal from Center for Independence of the Disabled. 3. City's Request for Proposals. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 7' AGENDA ITEM A(t) MEETING DATE: March 2, 1994 CITY MGR. ORIGINATING DEPT. City'Attornev SUBJECT: An Ordinance Adding Sections 6- 15.150 and 6- 15.160 to the City Code Relating to Regulation of the Storage and Display of Spray Paint Containers and Marker Pens Recommended Motion(s): 1. Conduct the Hearing 2. Introduce the Ordinance Report Summary: As a county -wide effort to curb graffiti, cities in Santa Clara County have been asked to adopt ordinances which regulate the storage and display of spray paint containers and marker pens to minimize theft of these articles from retail stores. The ordinance does riot limit or prohibit sales of this merchandise beyond the current state law. Violation is classified as an infraction. Fiscal Impacts: Minimal. Will retailers about require some enforcement and- notification of the new ordinance. Advertising, Noticing and Public Contact: This proposal has been reviewed with the Chamber of Commerce and a Notice of Hearing Published in the Saratoga News'. Follow Up Actions: 1. Adopt the ordinance on March 16th 2. Notify local businesses 3. Publish abstract in newspaper Consequences of Not Acting on the Recommended Motions: There would not be a uniform regulation in Saratoga which could potentially mean easier access to the subject materials in Saratoga for use both locally and in other cities. Attachments: Ordinance Relating to Regulation of the Storage and Display of Spray Pain Containers and Marker Pens 0: \exec.sum (rev.2 -3 -93)' SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2 2 � AGENDA ITEM MEETING DATE: March 16, 1994 CITY MGR. ORIGINATING DEPT. FINANCE DEPARTMEN SUBJECT: STATUS REPORT ON LEGAL COSTS FOR 1993/94 Recommended Motion(s): Note and File this report. Report Summary: The City Council requested that an analysis and report be prepared to summarize Legal Costs for the current Fiscal Year. With 58% of the year billed by the City Attorney, we have spent 61% of the budget for Legal Fees. Considering that Costs are distributed as the need for legal advice dictates it is reasonable to assume that unless unanticipated Litigation develops the City will remain within budget on Legal Costs. You will note from the attached analysis that charges by program serviced vary considerably from month to month. During the month of April all program managers will be re- projecting their legal costs through the remainder of the Fiscal Year. At that time the distribution of Legal charges will be reallocated to reflect current year's usage. This is the 2nd budget year in which we have allocated legal costs across programs by the hourly distribution provided by the City Attorney, While the standard is to hold costs to the amount budgeted, it is not always possible to predict the need for legal advice when program requirements change dynamically due to the response of other agencies to budget problems (as in the case of Animal Control Services). Fiscal Impacts: None. Follow Up Actions: None. Consequences of Not Acting on the Recommended Motions: None. DEC 93 JAN 94 2,345.50 ANALYSIS OF LEGAL COSTS TO DATE (JULY 1993 TO JANUARY 1994) 52.80 1,410.00 117.00 1,020.00 2,515.30 Y -T -D Y -T -D 19.89% 4,726.37 5,532.26 4,726.37 5,532.26 12.60% ORGN ACCT BUDGET EXPENDITURE JUL 93 AUG 93 SEP 93 OCT 93 NOV 93 CITY COUNCIL 7071 3020 15,800.00 16,809.50 25,509.30 2,407.00 4,681.00 1,804.00 1,777.00 CITY COMMISSIONS 7072 3020 5,000.00 3,461.80 0.27% 3.25% 189.00 1,022.00 337.00 451.00 CITY MANAGER 7073 3020 10,500.00 3,166.50 17,011.37 474.00 517.00 492.50 546.00 RETAINER 31,300.00 23,437.80 0.00 3,070.00 6,220.00 2,633.50 2,774,00 PERCENT OF BUDGET EXPENDED 74.88% 0.00% 9.81% 19.87% 8.41% 8.86% CITY ATTORNEY 7075 4515 37, 500.00 22, 863.95 1,562.22 350.46 3,991.87 3,383.02 3,317.75 LITIGATION 37,500.00 22,863.95 1,562.22 350.46 3,991.87 3,383.02 3,317.75 PERCENT OF BUDGET EXPENDED 60.97% 4.17% 0.93% 10.64% 9.02% 8.85% PROGRAM CHARGES: CODE ENFORCE 1013 4515 12,000.00 6,653.70 0.00 573.00 2,218.70 682.00 647.00 CROSSING GUARDS 1014 4515 0.00 50.00 0100 50.00 EMERG. MGMT. 1015 4515 0.00 50.00 0.00 50.00 WATER QUALITY 2020 4515 7,500.00 516.00 480.00 36.00 INSPECTION 2022 4515 0.00 100.00 20.00 80.00 ZONING ADMIN. 2024 4515 10,000.00 4,895.10 131.30 36.00 1,348.80 1,096.00 319.00 ADVANCE PLAN. 2026 4515 0.00 350.00 350.00 SOLID WASTE 2028 4515 2,000.00 0:00 CONGEST. MGMT. 2029 4515 0.00 60.00 STREETS 3031 4515 1,000.00 355.00 0.00 45.00 MEDIANS 3035 4515 0.00 50.00 PARKS 3036 4515 0.00 50.00 DEVELOP. REG. 3038 4515 7,500.00 8,246.50 0.00 560.00 1,883.00 2,756.00 GEN. ENGR. 3039 4515 2,500.00 2,240.00 0.00 823.00- 1,300.00 99.00 18.00 RECREATION 4041 4515 400.00 0.00 0.00 VOLUNTEERS 4042 4515 0.00 50.00 50.00 L.L.A. -1 5056 4515 500.00 0.00 C.D.B.G. ADMIN. 6066 4515 500.00 0.00 FINANCE 7074 4515 500.00 357.00 267.00 50.00 DEC 93 JAN 94 2,345.50 3,795.00 52.80 1,410.00 117.00 1,020.00 2,515.30 6,225.00 8.04% 19.89% 4,726.37 5,532.26 4,726.37 5,532.26 12.60% 14.75% 1,776.00 757.00 1,134.00 830.00 60.00 290.00 50.00 2,383.00 CITY CLERK 7076 4515 1,575.00 1,067.00 97.00 115.00 163.00 332.00 140.00 PERSONNEL 7077 4515 2,500.00 119.00 99.00 .20.00 LEONARD ROAD 9750 4515. 0.00 300.00 90.00 120.00 90.00 ------------------------------------------------------------ TOTAL PROGRAM SERVICES 48,475.00 25,509.30 131.30 1,574.00 6,799.50 ----------------------------- 408.00 4,192.00 5,923.00 PERCENT OF BUDGET EXPENDED 52.62% 0.27% 3.25% 14:03% 8.89% 8.65% .12,22% TOTAL LEGAL FEES 117,275.00 71,811.05 1,693.52 4,994.46 17,011.37 10,324.52 10,283.75 13,164.67 PERCENT OF BUDGET EXPENDED 1 61.23% NOTE: This Worksheet includes Legal Fees for the months of July 1993 through January 1994. Legal Fees vary monthly depending upon the amount of hours charged. Using a straight -line projection total fees are 3% ahead of schedule. The amounts. budgeted for City Council, Commissions, and Manager are based on a distribution of the Retainer, however expenditures are distributed by hours spent by the City Attorney. The amounts expended for City Council, Commissions, and Manager are in excess of the Budget Allocation by approximately $5,500. The amounts expended for Program Legal Services are under by $2,600. Litigation Services, which are billed at a higher rate, are also 3% ($1,100) higher than a straight -line projection would indicate. 20.00 50.00 664.50 40.00 220.00 2,581.50 5.33% 14, 338.76 b, doA_,&� SARATOGA CITY COUNCIL I� EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: MARCH 8, 1994 CITY MGR.A­f�_ ORIGINATING DEPT.: PUBLIC WORKS cde t.i": SUBJECT: Award of Construction Contract to Serrano and Cone, Inc. for the Prospect Road visual barrier Recommended Motion (s) 1. Move to declare Serrano and Cone, Inc. as the lowest responsible bidder for the Prospect Road visual barrier. 2. Move to award a construction contract to Serrano and Cone, Inc. in the amount of $29,749 for the Prospect Road visual barrier and authorize the City Manager to sign the contract for the City. Report Summary: Sealed bids for the Prospect Road visual barrier were opened on Tuesday afternoon. The visual barrier extends from the terminus of the freeway soundwall on the east side of Route 85 to Plumas Drive. The barrier will be built using the surplus masonry block from the Bonnet Way soundwall which the City donated for this project. Only one contractor, Serrano and Cone, Inc. of San Ramon, submitted a bid for the work, and a copy of their bid is attached. This is the same contractor which recently built the Bonnet Way soundwall and the Quito Road bridges for the City. Staff's experience working with this contractor has been very good and since their bid is responsive to the City's bid requirements, it is recommended that the City Council declare Serrano and Cone, Inc. to be the lowest responsible bidder for the project. Further, it is recommended that the Council award the attached construction contract to Serrano and Cone, Inc. in the amount of $291749, and authorize the City Manager to sign the contract on behalf of the City. Assuming a contract is awarded as recommended, the contractor is prepared to begin work within the next ten days. The estimated construction time is 3 -4 weeks after construction begins. Fiscal Impacts: There are no direct fiscal impacts to the City from this project. The Traffic Authority will be reimbursing the City for the cost to build the project except for the value of the donated block. They have reviewed the bid per the terms of the Co- op Agreement covering this project, and have approved the amount of the contract award. City staff will absorb the costs of construction oversight of the work which should not exceed more than a few hundred dollars. Advertising, Noticing and Public Contact: Nothing additional. Conseauences of Not Acting on the Recommended Motions: The contract will not be awarded and instead, the Council would need to reject the bid. In that event, staff will follow whatever further directions are provided by the Council. Follow Up Actions: The contract will be executed and the contractor will be given authorization to proceed with the work. Upon award of the contract, the City will invoice the Traffic Authority for the amount of the contract. Attachments: 1. Bid proposal from Serrano and Cone, Inc. 2. Construction contract. BID PROPOSAL FOR CITY OF SARATOGA PROSPECT ROAD SOUNDWALL BASE BID SUMMARY ITEM ITEM DESCRIPTION UNIT ESTIMATED UNIT TOTAL NO. QUANTITY PRICE 1. CLEARING & GRUBBING LS 1 N/A �— 2. MASONRY BLOCK SOUNDWALL SF 1357 (EXCLUDE THE COST OF ev MASONRY BLOCK IN THIS I7 Z?�, �� BID ITEM) -SEE NOTE BELOW (�0 r 3. REDWOOD FENCE LF 84 i�„ ✓ 1 c� Total Base Bid Items 1 -3 29 7�j 9 Bidders must provide bids for all Base Bid items for this bid proposal to be considered responsive. Partial bid proposals will be considered non- responsive and will be rejected. NOTE: A sufficient quantity of masonry block to construct the entire soundwall has already been acquired by the City and will be made available to the contractor at no cost. The block is presently stored within the Route 85 freeway corridor on the south side of Prospect Road. Upon completion of the project, any remaining block will remain the property of the City. Any additional materials required to construct the soundwall (concrete, steel, grout, etc...) shall be furnished by the contractor and the cost of said materials shall be included in the bid amount for MASONRY BLOCK SOUNDWALL. 2 CITY OF SARATOGA SANTA CLARA COUNTY, CALIFORNIA CONTRACT FOR PUBLIC WORKS CONSTRUCTION PROSPECT ROAD SOUNDWALL THIS CONTRACT, made this 8thday of March, 1994by and between the City of Saratoga, a Municipal Corporation, in Santa Clara County, California, hereinafter called the City, and Serrano and Cone, Inc. hereinafter called the Contractor. WITNESSETH: WHEREAS, the City has caused -to be prepared in the manner prescribed by law, plans, specifications and other contract documents, for the'work herein described and shown and has approved and adopted these contract documents, specifications and plans, and WHEREAS, the Contractor has submitted to the City a sealed bid proposal for the construction of all of the proposed work in accordance with the terms of this Contract, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the bids submitted and as a result has determined and declared the Contractor to be the lowest responsible bidder and has duly awarded to the Contractor a contract for all of the work and for the sum or sums named in the bid proposal.and in this Contract. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE I. WORK TO BE DONE: That the Contractor shall provide all necessary labor, machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence and overhead expenses of whatever nature necessary to construct all of the improvements for the City of Saratoga in conformity with the plans, specifications and other contract documents and according to such instructions as may be given by the Saratoga Director 'of Public Works or his authorized agent. E ARTICLE II. CONTRACT PRICES Except as provided in Section IV B of the Specifications .( "Changes and Extra Work "), the City shall pay the Contractor according to the prices stated in the bid proposal submitted by the Contractor, which shall include all applicable taxes, for complete performance of the work. The Contractor hereby agrees to accept such payment as full compensation for all materials and appliances necessary to complete the work; for all loss or damage arising from the work or from action of the elements, or from any, unforeseen obstruction or difficulties which may be encountered in the prosecution of the work; incurred in and in consequence of the suspension or discontinuance of the work; as hereby specified; for all liabili- ties and other insurance; for all fees or royalties or other ex- penses on account of any patent or patents; for all overhead and other expenses incident to the work and expected profits; and for well and faithfully performing and completing the work within the time frame specified, all according to the contract plans and specifications, the details and instructions, and the requirements of the City. ARTICLE III. PARTS OF THE CONTRACT: That the complete contract document consists of the following: 1. Bid Proposal 5. Labor and Material Bond 2. Contract for Public Works 6. Plans Construction 7. Specifications 3. Hold Harmless Clause 8. Insurance Certificates 4. Performance Bond 9. Prevailing Wage Rates In case of any conflict between this Contract and any other part of the contract, this Contract shall be binding. IN WITNESS WHEREOF, the City has caused its corporate name to be hereunto subscribed and its corporate seal to be hereunto affixed by its City Manager and its City Clerk thereunto duly authorized and the Contractor has executed these presents the day and year hereinabove written: 10 AWARDED BY CITY COUNCIL: Date March 8, 1994 ATTEST: City Clerk The foregoing Contract is approved as to form this day of 19 City Attorney t 11 �y CITY OF SARATOGA: CONTRACTOR: By Title License No. Tax.ID or SSN SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. �iI AGENDA ITEM 48 �p MEETING DATE: MARCH 16, 1994 CITY MGR. �. ORIGINATING DEPT.:,PUBLIC WORKS, - SUBJECT: Approval of Sole Source Purchase for Flex -O -Fill crack filler in the amount of $9,118.98 Recommended Motion(s): Move to approve a sole source purchase of Flex -O -Fill crack filler from Bacon - Western Co. of San Leandro, in the amount of $9,118.98, and authorize the issuance of a Purchase Order for said purchase. Report Summary: The attached memo from the Street Superintendent explains the rationale for making a sole source purchase of crack filler material which the City uses prior to the annual Pavement Management Program contract work. Section 2- 45.120(b)(2) of the City's Purchasing Ordinance allows for the purchase of supplies without competitive bidding where the supplies required by the City can only be obtained from a single source. As this is the case in this instance, and since the City obtains a discounted price for the crack filler material by participating in the joint purchase of it with other cities, it is recommended that the City Council approve the sole source purchase in the amount of $9,118.98. Fiscal Impacts: Sufficient funds for this purchase are budgeted in the Street Maintenance activity (Program No. 3031), Account No. 4120. Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: The sole source purchase will not be approved and staff will seek to obtain the required product, or a similar alternative, through the competitive bidding process. Follow Up Actions: A purchase order will be issued to the sole source vendor. Attachments: 1. Memo from Street Superintendent dated March 3. 2. City Code Section 2- 45.120(b)(2). 1 A 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 COUNCIL MEMBERS: Karen Anderson MEMORANDUM Ann Marie Burger Willem Kohler Victor Monia Karen Tucker DATE: March 3, 1994 TO: Larry Perlin FROM: Gary.Enriquez OK SUBJECT: Crack Filler Purchase We have been using Flex -O -Fill crack filler for the past 8 years, It has proven to be the best product for our needs. Due to the hilly areas within the city limit, this product allows us to control the viscosity of the material, reducing waste from flowing material and yet retaining all of the 'elasticity to properly fill and bridge the open crack. This product is manufactured in Arizona and distributed in California exclusively by Bacon - Western Company in San Leandro. The Street Maintenance division purchases this product in a Co -Op type.purchase with the Cities of Palo Alto, Campbell, Mountain View and the Town of Los Gfatos. This way all municipalities save on a reduced quantity price and no charge for freight. The normal price is 0.670 per lb. However, due to such a large order from local Cities, we get a discount price of 0.585 per lb., a savings of 1,224:00 on the material plus 278. for freight for a total savings to the City of $1502.0.0. lc Printed on recycled paper. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: MARCH 16, 1994 CITY MGR. ORIGINATING DEPT.: PUBLIC WORKS SUBJECT: SD 93 -003 (14644 Stoneridge Drive) : Final Map Approval for 3 Lots, (Owner, Peterson) Recommended Motion(s) : Move to adopt Resolution No. SD 93 -003 granting final map approval of Tentative Map Application No. SD 93- 003 for three lots at 14644 Stoneridge Drive. Report Summary: Attached is Resolution No. SD 93 -003 which, if adopted, will grant final map approval for three lots located at 14644 Stoneridge Drive. I have examined the final map submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The final map substantially complies with the approved tentative map. 2. All conditions of the approved tentative map as contained in Planning Commission Resolution No. SD 93 -003 have been completed or will be completed concurrent with development of either of the three lots. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions of law have been complied with. 4. The final map is technically correct. Consequently, I have executed the City Engineer's certificate on the final map and have filed the final map with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. Fiscal Impacts: The subdivider has paid $550 in Engineering fees and $8,160 in Park In -Lieu fees required for this subdivision. Follow Up Actions: The signed map will be released to the subdivider's Title Company for recordation. Consequences of Not Acting on the Recommended Motions: The final map must either be approved or rejected by the City Council. If the map is rejected, it would be returned to the subdivider with findings as to why the map was rejected. RESOLUTION NO. SD 93 -003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD 93 -003 14644 STONERIDGE DRIVE (PETERSON) The City Council of the City, of Saratoga hereby resolves as follows: SECTION 1: Parcels 1, 2 and 3 as shown on that certain Parcel Map prepared by Marvin D. Kirkeby, dated December, 1993, and filed with the City Clerk of the City of Saratoga on March 16., 1994, are approved as three (3) individual parcels. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 16th day of March, 1994, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Deputy City Clerk RESOLUTION NO. SD -93 -003 RESOLUTION APPROVING TENTATIVE MAP OF Peterson; 14644 Stoneridge Dr. WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for tentative .map approval of three (3) lots, all as more particularly set forth in File No. SD -93 -003 this City; and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and with all'specific plans relating thereto, and the proposed subdivision and land is use compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the Staff Report dated 8/11/93 being hereby further particulars; and made for WHEREAS, this body has heretofore received and considered the Categorical Exemption prepared for this project in accord with the currently applicable provisions of CEQA, and WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Government Code Section 66474 exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth. WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; NOW, THEREFORE, BE IT RESOLVED that the tentative map for the hereinafter described subdivision, which map is dated the 10/91 and is marked Exhibit "A" in the hereinabove referred file, be and the same is hereby conditionally approved. The conditions approval are as follows: of said Completed by Surveyor. 1• Prior to Final Map approval, the owner (applicant) shall cause the property to be accurately surveyed and shall cause monuments to be set at all exterior boundary corners. Interior monuments set. 2. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. if the owner (applicant chooses to defer the setting of interior monuments to a to a specified later date, then sufficient security as determined by the City Engineer shall be furnished to the City Engineer prior to Final Map approval. No fees required. 3. The owner (applicant shall pay an Improvement Plan Checking fee, determined as by the City Engineer, at the time N/A 10. The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14- 60.010 of the Municipal Code prior to Final Map approval. None required. 11. The owner (applicant) shall furnish Improvement Securities in accordance with Section 14- 60.020 of the Municipal Code in the manner and amounts determined by the City Engineer prior to Final Map approval. Done. 12. The owner (applicant) shall file with the Santa Clara County Recorder the requisite statement indicating that there are no liens against the subdivision or any part thereof for any unpaid taxes or special assessments prior to Final Map approval. File No. SD -93 -003; 14644 Stoneridge. Rd. Improvement Plans are submitted to the City checking. Engineer for •Fees paid. 4. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time the Final Map is submitted to the City Engineer for checking. Fees paid. 5. The owner (applicant) shall pay a Park and'Recreation fee, as determined by the Planning Director; prior to Final Map approval. N/A 6. The owner (applicant) shall furnish a written. indemnity agreement and proof of insurance coverage, in accordance with City standards, prior to Final Map approval. Section 14 -05.55 of the Municipal Code. N/A 7• Engineered improvement plans, in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code, shall be approved by the City Engineer and /or the appropriate officials from other public agencies, including public and private utility providers, prior to Final Map approval. All easements offered 8. The owner (applicant) shall provide Irrevocable Offers Dedication for on Final Map. of all required easements and /or rights of way either on the Final Map or via separate written instruments prior to Final Map approval as determined by the Engineer. City Completed. 9� The owner (applicant) shall submit a Final Map in compliance substantial with the approved Tentative Map, along wit the additional documents required in Section 14- 40.020 of the Municipal Code, to the City Engineer for his review and approval. The Final Map shall contain all of the information required in Section 14 -40 -030 of the'Municipal Code and any additional information that .Engineer. may be required by the City N/A 10. The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14- 60.010 of the Municipal Code prior to Final Map approval. None required. 11. The owner (applicant) shall furnish Improvement Securities in accordance with Section 14- 60.020 of the Municipal Code in the manner and amounts determined by the City Engineer prior to Final Map approval. Done. 12. The owner (applicant) shall file with the Santa Clara County Recorder the requisite statement indicating that there are no liens against the subdivision or any part thereof for any unpaid taxes or special assessments prior to Final Map approval. File No. SD -93 -003; 14644 Stoneridge Rd. Acknowledged. 13. All public and private improvements shall be completed and accepted by the City Engineer and Planning Director and /or the appropriate officials from other public agencies, including Public and private utility providers, prior to issuance of a Certificate of Occupancy for any residential structure built on any lot.. All utility commitments 14. Prior to Final Map approval, the owner (applicant) shall furnish the City Engineer with satisfactory written provided , commitments from all public and P serving the subdivision guaranteeing private utility providers required utility improvements. thhe completion of all Section 1. Applicant shall sign the agreement to these condition: within 30 days of the passage of this resolution or said resolution shall be void. Section 2. Conditions must be completed within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section Article 15 90 of the Unless Saratoga e City Code, Code, this eR so ution nshall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning commis- sion, State of California, this 11th day of August, 1993, by the following vote: AYES: Asfour, Jacobs, Moran & Wolfe NOES: None ABSENT: Caldwell & Murakami ATTEST: The foregoing conditions are hereby accepted: Signature of applicant Date ..rte._: • 'r REPORT TO THE PLANNING COMMISSION Application No. /Location: DR -93 -007, V -93 -005 & SD -93 -003 Applicant /Owner:. Peterson l46.44 Stoner:i_clt;e Rd. Staff Planner: Janes Walgren Date: August 11, 1993 ` APN: ' 397 -06 -023 Director Approval: l -*U "t'-k OLunerlage ur.