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HomeMy WebLinkAbout03-21-1984 CITY COUNCIL AGENDACITY OF SARATOGA Initial: AGENDA BILL NO. 0 jl, Dept. Hd. DATE: March 13, 1984 (March 21, 1984) C. At DEPARTMENT: Community Development C. Mgr. SUBJECT: Agreement for Plan Checking Services Issue Summary The City's building plan check consultant requests an update of the contract between the City and consultant to reflect recent changes concerning energy conservation review, i.e. modified fees, and a modification of the Conflict of Interest clause, such that he might perform design work and have some financial interest in projects within the City for which he would not pro- vide the plan checking services. Recommendation Approve the contract and authorize the Mayor to execute same. Fiscal Impacts None Exhibits /Attache -ents 1. Staff Report dated March 13, 1984 2. Contract Agreement Council Action 3/21: Adopted fee schedule only 5-0. EXHIBIT "A "- AGREEMENT FOR PLAN CHECKING SERVICES AGREEMENT , effective as of the day of 19 , by and between THE CITY OF SARATOGA, a municipal corporation (hereinafter referred to as "City "), and TECHNICAL ANALYSIS, INC. a California corporation (hereinafter referred to as "Contractor "). WITNESSETH: City desires professional and technical services for review of plans and specifications to determine compliance thereof with the requirements of the Uniform Building Code, as adopted by City; and Contractor represents that it is qualified and licensed to perform such professional and technical services pursuant to the terms of this Agreement, NOW, THEREFORE, the parties agree as follows: 1. Contractor's Services. Contractor hereby agrees to.. render the following services: (a) At the request of City, Contractor shall check plans and specifications for compliance thereof with the requirements of the Uniform Building Code, as adopted by City, and the energy conservation requirements of the State of California Energy Commission, as set forth in Title 24 of the California Administrative Code. (b) Contractor shall furnish to City, within ten (10) working days after notification that plans and specifications are ready for review, a written report wherein Contractor shall either certify such plans and specifications as being in full compliance with the applicable Codes or identify each failure to comply with such Codes. Contractor shall meet with the architect or engineer if necessary for the performance of the Contractor's service here- under. (c) Upon revision of any plans and specifications to. correct deficiencies of Code violations noted in Contractor's written re- port, Contractor shall backcheck the revised plans and specifications l� and furnish to City a supplemental written report within (5) five working days on the adequacy of the revisions. City shall be the sole judge as to which plans and specifi -: cations, or portions thereof, shall be reviewed by Contractor and nothing contained in this Agreement shall be.deemed a commitment by City to utilize any particular quantity or frequency of services by Contractor. All plans and specifications to be reviewed hereunder shall be picked up by contractor from City's offices and returned thereto, at Contractor's own expense. Contractor shall notify City in advance whenever Contractor is unable, for any reason, to render its services hereunder for a period exceeding three (3) working days. 2. Compensation. Contractor_.shall be compensated for its services as follows: (a) As total compensation for the regular plan check services to be rendered by Contractor pursuant to paragraph 1 of this Agree - ment,'Contractor shall be paid a minimum fee, or a percentage of the permit fee collected by City from the applicant, based upon the following schedule: Percentage of Permit Fee Plans and Specifications to Be Checked by Contractor 35.0% Structural only. 45.0% Structural, electrical, mechanical, $100.00 for residential structures 50.0% Structural, electrical, mechanical, $150.00 handicap, fire /life safety for non- residential structures. A Minimum Plans & Specifications to be checked by Contractor Fee for Energy calcs. or $ 55.00 Structural Calcs. only $ 35.00 Energy calcs. for addition or.alter- ation of residential building. $ 85.00 Energy calcs. for new residential bldg. of evaluation less than $100,000. $100.00 Energy calcs. for new residential bldg. Of evaluation of $100,000 or more. $150.00 Energy calcs. for new residential bldg. Of evaluation of $100,000 or more. $300.00 Energy calcs. for non - residential bldg. Of evaluation of $200,000 or more. $ 55.00 Structural for building of evaluation less than $25,000. -2- (b) In the event Contractor is requested by City to review changes on plans or specification previously checking and backchecked by Contractor, or to perform any other additional services beyond those described in Paragraph 1 of this Agreement, Contractor shall be entitled to additional compensation for such services based upon Contractor's standard hourly rates. Before any such additional services are rendered, Contractor shall advise City as to the hourly rates it intends to charge and the estimated number of hours required for performance of the additional services. (c) Contractor's compensation for regular or additional plan check services shall be deemed earned upon submission of itemized statements from Contractor in such detail and form as shall be re- quired by City's Community Development Department, showing the amounts due and payble to Contractor. Compensation shall be paid by City within City's standard time for payment. '(d) Except for the compensation provided herein, .City shall have no liability for payment of any costs or expenses incurred by Contractor in connection with the performance of its services under this Agreement. 3. Term. The term of this Agreement shall commence on the effective date hereof and shall continue until terminated by thirty (30) days prior written notice from either party to the other. 4. Assignment and Subcontracts. Contractor acknowledges that its special skill and expertise is a material consideration for City entering into this Agreement. Contractor shall not assign, subcontract or delegate to any other party the performance of any services to be rendered by Contractor under this Agreement. 5. Independent Contractor. Contractor is, and at all times shall remain, an independent contractor, and not an agent, officer or employee of City. As such independent contractor, neither Contractor nor any of its officers, directors, agents or employees shall be en- titled to any salary, fringe benefits, worker's compensation, retirement contributions, sick leave, insurance. or other benefit or right connected with employment by the City of Saratoga, or any compensation other than as provided in paragraph 2 of this Agreement. 6. Insurance. Contractor shall, at all times during the term of this agreement, maintain in full force and effect a policy or policies -3- v of general liability insurance covering bodily injury and property damage, inform and amount issued by an insurance carrier satisfactory to City. Each such policy shall name City, and its officials, agents and employees as insured parties thereunder, and shall be considered primary insurance with respect to any other insurance maintained by City. Each such policy shall further provide for thirty (30) days prior written notice to City of any cancellation, reduction of coverage or other material change in the terms and provisions thereof. A complete copy of each such policy, together with all endorsements thereto, shall be furnished to City. 7. Conflict of- Interest. During the term of this Agreement, neither Contractor nor any of its- officers, directors, agents or employees shall.acquire or hold a direct or indirect financial interest in any project to be constructed within the City of Saratoga for which plans and specifications-. are submitted by City to Contractor for review. Nothing herein shall prevent Contractor from accepting employment as architect, engineer, designer, consultant or in any other capacity on behalf of a client constucting any improvements or engaged in any development activity within the City of Saratoga, but in such cases Contractor shall immediately disqualify itself from reviewing any plans and specification for a project to be constructed by Contractor or by any client of Contractor and such plans and specifications shall be reviewed by an independent third party selected by City. Contractor hereby certifies that no person who has or will have any financial interest in this Agreement is an official, agent or. employee of City. 8. Responsibility for Building Plan Checks. The substance and scope of each architectural, structural design, calculations and report submitted in an application shall remain the sole responsibility of the applicant and_ -his or-her . consultants. Any comments or findings by the Contractor are for the purpose of- :pointing out possible areas of concern to the applicant, and any approval of any submittals, plans, calculations and report by the City and the Contractor shall not be construed to imply that the Contractor warrants the accuracy of the report or drawings or any of its contents, findings, or recommendations. 9. Statement and Signature. Contractor shall provide the following statement with signature on the cover page of all documents checked by Contractor in the form of a stamp as follows: -4- Plan Check Approval This plan has been reviewed for conformance with Uniform Code and City Ordinances. Although this plan appears to meet minimum requirements of said Code and City Ordinances, this approval does not certify plans and design adequacy, nor is any representation made that structural failure, or other structural related damage will not occur. Any . permit issued pursuant hereto shall not constitute a recommendation or endorsement, but is permissive only. Date: Signature: Technical Analysis, Inc. 10.. Indemnity. Contractor shall indemnify and hold City, and its officials, agents and employees harmless from and against any and all claims, demands, causes of action, expenses or liabilities, including attorney's fees, arising out of or in..a.any manner relating to, the performance by Contractor of its services hereunder, and City shall not be liable for any acts or omissions of Contractor. 11. Notices. Any notices required or permitted to be given hereunder shall be in writing and either personally delivered or sent by first class mail, postage prepaid, addressed to the other party as follows: - To City: Community Development Dept. City of Saratoga 13777 Fruitvale Avenue Saratoga, CA. 95070 To Contractor: President Technical Analysis, Inc. 20395 Pacifica Drive, #f107 Cupertino, CA. 95014 Any notice sent by mail shall be deemed received on the second business day after deposit in the United States Mail, addressed in accordance with the foregoing. 12. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or verbal. No amendment or modification to this Agreement shall be valid unless in writing -5- and signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agree- ment as of the day and year first above written. CITY OF SARATOGA BY: TECHNICAL ANALYSIS, INC. BY: Paul K. Tai, P. ., President REPORT TO MAYOR AND CITY COUNCIL DATE: 3 -13 -84 COUNCIL MEETING: 3-21-84 SUBJECT Agreement for Plan.Checking Services Recent changes in the energy conservation requirements have resulted in a substantially greater effort in plan checking. The City's building plan check consultant, Technical Analysis, Inc., has therefore requested a modification to their contract to reflect this difference. The attached revised contract shows a change in the compensation, such that the energy calcu- lation review is the subject of a separate fee from the build- ing plan check fee. Your recent action adopting separate fees for this review is consistent with the fees included in this contract. The one additional area of the contract which has been modified is Paragraph 7 relative to the Conflict of Interest. The previ- ous contract did not allow for this consultant to do any work whatsoever in the City of Saratoga, including engineering or design work. The proposed contract, under Paragraph 7, Conflict of Interest, allows this consultant to perform such work within the City so long as he is in no way involved in the plan check review of any work wherein he has a financial interest or has performed any of the design work. I would recommend your approval of this updated contract. o e t S. Shook Director of Community Development RSS:cd Attachment `R 10 CITY OF SARATOGA Initial: AGENDA BILL NO: 67 Dept. Hea DATE: March 26, 1984 City Atty4ff_ DEPARTMENT: Maintenance City Mgr ----------------------------------------------------------------------------------------- - - - - - -- SUBJECT: Saratoga Foothill Club's Memorial Day Parade Issue Summary The Saratoga Foothill Club is requesting permission to hold its 61st Memorial Day Parade. The parade marches from the Memorial Arch, down Oak Street to Madronia Cemetary and culminates with ceremonies at Madronia Cemetary. Recommendation Authorize the Saratoga Foothill Club to hold its annual Memorial Day parade. Allow an on duty Sheriff's officer to assist with the crossing of Saratoga - Los Gatos Road. Fiscal Impact None, the on duty officer will only be needed for approximately 20 minutes. Exhibits /Attachments Letter requesting permission to hold parade. Council Action 4/4: Approved 4 -0. MAR 2 3 104 Satatoqa, Cal i.ioanLa Match 21, 1984 Satato Cit Co wli b 13777 Kfue Satatoaa, Caf i 1. 95070 �, a Membeta. o$ the Coup, -,U: She Me tat i c 3 (1) p e�rasr C rvmi t tee of dw, Sa ato � 9ootiLC Ctub 4ealcez t-.: *i n1 o t oa 1' a ade which wiU ma/ceh f torn tce Memo4u.a t Ateh tiva lac cl wntown area to MacLtonia Cerete�ty bebveen 9 :30 and /0 :00 0ldock on (Ilowlatl, May 28, 1984 and (2) ttaf fZa conttot jot ,this, na a&. the patac'e tv,i.1,% cony i.Lt o b tA,. 4 o � -9otc i.cn ancl it4..Ca c1.rd. qux i,l iavy the. Sata to aka P iqh School. Ma/cch i vu i:he. 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Jhe cehenony at the Memotiab atah incAvI424 t.e �tcWi*V �o� a �y,r(ioP.i.� ),au&et w&RztA at i to baj,e- in eorm,+eriotc�ti.on'oV Satatoda i ,vd Ld :Va�G wo hcico p� who is nartae4 ate thelceon. eerm.;onz e j t0it L b ece iA at l'iarltonia Ceractt t wh: ^n t„ w- oc%ade tecacl�.e� �/z�he-- apn%o�irso .e l,t -ten o gel oCA, cnc'. w-iW u2c l cccc the 'il)trcrx;4w, o< t calAd- wte .74 b y t c- jc, ,tL Scow on 67Z gtc�ue7, of U who hcve "ed in the Ielena.e ov out Cocllpvi l anr,' once bati-zJ, theJ . ,qn ac,14�1&� U),O,.t be given by -I�awid filogted., llcalot ° atato qa. 9 /744('lemoai.ai tia actw4ty hay bew 4porawted avtd coo��.cli., adl by -the Sata,to� Joo-th Cab eveAq yecvt a ivtee 1922. ` hd:4 wiV- be out 61,:i.t yam• ile of the- coxwti,�ee thank you in adva.,me. fot Tout conai.c'mxtion o� X17e�e tegc e � a�u' wi& be aeic-, pat ivu-, your tcptq. 13,106 i)ebb,i.e �akw Scvu-tooc, (71-1 ",5070 C�our�,, C`LavlhJr�cYl CITY OF SARAI'OGA i; AGENDA BILL NO. D �_ DATE: March 15, 1984 DEPARTMENT :. Community Center Initial: ,Q 2 Dept. Hd. (/ C. Atty. C. Mgr. SUBJECT: Acceptance and Acknowledgement of Donation at Saratoga Community Center Issue Summary Bruce Morely volunteered to build two locking cabinet units to replace the old units in the Snack Bar area of the Community Center. Under the supervision of Mr. Holt, a professional cabinet maker, and with provided materials, Mr. Morely built the project to earn an Eagle Scout merit. Recommendation Accept and ackkowledge this donation by way of a letter from the Mayor. Fiscal Impact The cabinet workmanship is valued at $1690.00 Exhibits /Attachments Council Action 4/4: Approved 4 -0. CITY OF SARATOGA AGENDA BILL N0: D g Initial: Dept. Head. DATE: March 27, 1984 City Atty . DEPARTMENT: Maintenance City Mgr ----------------------------------------------------------------------------------------------- SUBJECT: Acceptance and Acknowledgement of Donation for Hakone Garden Issue Summary Mrs. Phyllis M. Creager and Mrs. Natalie B. Clark have each donated $50 towards the purchase and planting of a Red Maple Tree to be planted at Hakone Garden in memory of Mrs. Lillian Higashiuchi. Recommendation Accept and acknowledge this donation by way of a letter from the Mayor. It would also be appropriate to send a letter to Mr. Alto Higashiuchi acknowledging that the tree had been planted in his late wife's memory. Fiscal Impact This donation totaled $100. Exhibits /Attachments Council Action 4/4: Approved 4 -0. CITY OF SARATOGA AGENDA BILL NO. (0/0 DATE: March 26, 1984 (April 4, 1984) DEPARTMENT: Community Development Initial: Dept. Hd. JIV C. Atty. C. Mgr. SUBJECT: FINAL BUILDING SITE APPROVAL SDR -1558, RICHARD MERWIN, T 14466 SOBEY ROAD Issue Summary 1. The SDR- 1558 is ready for final 2. 'All Agreements have been submitted to the City. 3. All requirements for City Departments and other agencies have been met. Recommeazdation Adopt Resolution 1558 -02 attached, approving one (1) building site of subject SDR -1558, and authorized execution of Deferred Improvement Agreement Fiscal Impacts None Exhibits /Attachments 1. Resolution No. 1558 -02 2. Report to the Planning Commission 3. Status report for building site approval 4. Location Map. 5. Approved Tentative Map Council Action 4/4: Approved 4 -0. r El REPORT TO PLANNING COMMISSION C-C, "_oral go *(amended 2/22/84) DATE: 1/16/84 Commission Meeting: 1/25/84 SUBJECT SDR -1558 & A -929_- Mr. Richard Merwin, 14466 Sobey Road REQUEST: Building Site Approval and Design Review Approval.to. construct a two -story single family residence on an in -fill site. PLANNING DATA: PARCEL SIZE: 1.23 acres GENERAL PLAN DESIGNATION: Residential - Very Low Density Single Family ZONING: R -1- 40,000 SITE DATA: SITE SLOPE: 8.4% SLOPE AT BUILDING SITE: Less than 1% NATURAL FEATURES & VEGETATION: There is an intermittent stream and dense riparian vegetation running across the front of the parcel. Behind this is a level building area and then moderately steep topography in the rear of the lot. GRADING REQUIRED: Cut: 45 Cu. Yds. Fill: 45 Cu. Yds. Cut Depth: 1.5 Ft. Fill Depth: 1.5 Ft. SETBACKS (Main Residence): Front: 121' Rear: 197' Right Side: 26' Left Side: 20' HEIGHT: 222' (Accessory Structure has a 10' side setback where 132' is required.) SIZE OF STRUCTURE First Floor: 4,005 sq. ft. Second Floor: 677 sq. ft. TOTAL: 4,682 sq. ft. (6,200 sq. ft. Design Review Standard) IMPERVIOUS COVERAGE: 12% (35% Maximum) COLORS AND MATERIALS: The exterior will be finished in brick veneer and stucco with tutor board trim. The high pitched roof will have staggered wood shakes. r Report to Planning Commission 1/16/84 SDR -1558 & A -929 - Merwin, Sobey Road Page 2 DRIVEWAY & CIRCULATION: The existing access to the lot is over an older bridge which the Fire District has conditioned to be improved to carry 35,000 lbs. loading. GEOLOGY: The site has an average slope of less than 10 %. However, submission of a soils report is required prior to issuance of a building permit. PROJECT STATUS: Said project complies with all objectives of the General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal and environmental resources. A Categorical Exemption was prepared relative to the environmental impact of this project. Said determination date: December 28, 1983. The Staff Report recommends approval of the tentative map for SDR -1558 (Exhibit "B" filed November 30, 1983) subject to the following conditions: I. GENERAL CONDITIONS: Applicant shall comply with all applicable provisions of Ordinance No. 60, including without limitation, the submission of a Record of Survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect at the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health Department regulations and applicable Flood Control regulations and require- ments of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - COMMUNITY DEVELOPMENT DEPARTMENT A. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval. B. Submit "Parcel Map" to City for Checking and Recordation (Pay required checking & recordation fees). (If parcel is shown on existing map of record, submit three (3) to -scale prints). C. Submit "Irrevocable Offer of Dedication" to provide for a 30 ft. half- street on Sobey Road. * D. Improve Sobey Road to City Standards, including the following: 1) Designed structural section 20 ft. between centerline and flowline. 2) Asphalt concrete berm. 3) Undergrounding existing overhead utilities. E. Construct Storm Drainage System as shown on the "Master Drainage Plan" and as directed by. the City Engineer, as needed to convey storm runoff to Street, Storm Sewer or Watercourse. *.Subiect to Deferred Improvement Agreement Report to Planning Commission 1/16/84 SDR -1558 & A -929 - Merwin, Sobey Road Page 3 F. Construct turnaround having 32 ft. radius or approved equal using double seal coat oil and screenings or better on 6 in. aggregate base within 100 ft. of proposed dwelling. G. Construct driveway approach 16 ft. wide at property line flared to 24 ft. at street paving. Use double seal coat and oil and screenings or better on 6 in. Aggregate Base. H. Construct "Valley Gutter" across driveway or pipe culvert under driveway as approved by the City Engineer. I. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. J. Watercourses must be kept free of obstacles which will change, retard or prevent flow. K. Obtain Encroachment Permit from the Dept. of Community Development for drive- way approaches or pipe crossings of City Street. L. Engineered Improvement Plans required for: 1) Street Improvements 2) Storm Drain Construction, M. Pay Plan Check and Inspection Fees as determined from Improvement Plans. N. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. 0. Post bond to guarantee completion of the required improvements. III. SPECIFIC CONDITIONS - DIVISION OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional. 1) Soils 2) Foundation B. Plans to be reviewed by geotechnical consultant prior to building permit permit being issued. C. Detailed on -site improvement plans showing: 1) Grading (limits of cuts, fills; slopes, cross - sections, existing and proposed elevations, earthwork quantities) 2) Drainage details (conduit type, slope, outfall, location, etc.) 3) Retaining structures including design by A.I.A. or R.C.E. for walls 3 ft. or higher. 4) Standard information to include titleblock, plot plan using record data, location map, north arrow, sheet nos., owner's name, etc. Report to Planning Commiss(n 1/16/84 SDR -1558 & A -929 - Merwin, Sobey Road Page 4 IV. SPECIFIC CONDITIONS - SANITATION DISTRICT NO. 4 A. Sanitary sewers to be provided and fees paid in accordance with require- ments of Sanitation District No. 4. V. SPECIFIC CONDITIONS - CENTRAL FIRE DISTRICT A. All bridges and roads must sustain 35,000 lbs. loading. VI. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Sanitation District No. 4. Prior to final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. VII. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the lo- cation and intended use of any existing wells to the SCVWD for review and certification. IX. SPECIFIC CONDITIONS - PERMIT REVIEW DIVISION A. Design Review Approval required on project prior to issuance of permits. B. Prior to issuance of building permits, individual structures shall be re- viewed by the Planning Department to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities on /in the sub- division /building site. C. Accessory structure to obtain a legal side setback by, 1) removing the structure; 2) modifying the side setback to 132'; or 3) obtaining a variance for the 10' setback. . - . - X. COMMENTS A. Tree removal prohibited unless in accord with applicable City Ordinances. 'Re port to Planning Commiss ( 1/16/84 SDR -1558 & A -929 - Merwin, Sobey Road Page 5 A -929 - DESIGN REVIEW PROJECT CONSIDERATIONS: BACKGROUND: There was a previous home on this site which was destroyed by fire several years ago. The building area is already leveled and the new residence will require only minimal grading. Ordinance Compliance: The proposed residence complies with setback, height and im- pervious coverage requirements and the floor area is within the Design Review Standard for the zone. In the rear yard area, there is an existing detached garage which the applicant intends to convert to a cabana. This structure is setback 10' from the side property line, in- stead of the 132' required by Ordinance. A condition of Building Site Approval requires that it.conform to the required setback or be legitimized through Variance approval. Relationship with Adjacent Structures: There is a vacant lot on the hillside behind the subject property and existing homes on either side, which are both at a higher elevation and behind the proposed residence. Because of the difference in elevation, there is little privacy impact to these properties. Also, the viewsheds are not im- pacted as the proposed residence is lower and only 222' in height. FINDINGS: 1. Interference with Views and Privacy The proposed residence will not unreasonably interfere with the views or privacy of adjacent sites as the building site is at a lower elevation,than surrounding resi- dences and the height of the residence will be only 222'., 2. Preserve the Natural Landscape Additional grading will be negligible and there will be no trees removed for con- struction. 3. Excessive Bulk /Compatible Bulk and Height The proposed residence is located on the lower portion of the site and the bulk is minimal by topography and the riparian vegetation along the front of the property. The size and height is compatible with surrounding homes and the floor area is within the standard for the zone. It will not impair the solar access of adjacent properties. RECOMMENDATIONS: Staff recommends approval per the staff report dated 1/16/84 and Exhibits "B, C and D." Approved: KathJ Ker s Planner KK /LL /dsc Li rddd LauzY,6 P.C. Agenda: 1/25/84 Planner *Condition II -D subject to Deferred Improvement Agreement, as amended by Planning Commission 2/22/84 MEMORANDUM CITY OF SARATOGA TO: CITY COUNCIL FROM: DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: Status Report for Building Site Approval All conditions for Building Site Approval SDR- 1558, Richard Merwin (have) been met as approved by the Planning Commission on Jan.. 25, 1984, Listed below are the amounts, dates and City receipt numbers for;all required items: Offer of Dedication yes Record of Survey or Parcel Map yes Storm Drainage Fee $1100 Date Submitted All Required Improvement Bonds N/A Date All Required Inspection Fees $200 Date Building Site Approval Agreement N/A Date Park and Recreation Fee $1300 Date Date Submitted Date Submitted 3/14/84 Receipt Submitted N/A Submitted 3/3/84 Signed N/A Submitted 3/14/84 3/24/84 3/24/84 # 4674 Receipt# - - -- Receipt #4464 Receipt# 4614 It is, therefore, the Community Development Department recommendation that (Conditional) (Final) Building Site Approval for R.chard Merwin , SDR- 1558 be granted. If Conditional Building Site Approval is recommended, it shall become un- conditional upon compliance with the following conditions: Condition(s) Reason for Non - Compliance Robert S. Shook a;taC4 Director of Community Development 1 CITY OF SARATOGA Initial: AGENDA BILL N0: q C4 Dept. Head: DATE: March 13, 1984 City Atty DEPARTMENT: Maintenance City Mgr ------------------------------------------------------------------------------------------ - - - - -- SUBJECT.: Diabetes Society of Santa Clara Valley - Tenth Annual Bike -A -Thon Issue Summary The Diabetes Society of Santa Clara Valley has contacted the City of Saratoga for permission to use Saratoga City streets for a portion of their Annual Bike -A -Thon. The date is set for May 20, 1984 with 1,000 people expected to participate riding bikes from 8:30 a.m. to 4:30 p.m. Recommendation Authorize Bike -A -Thon to be held on May 20, 1984 with the stipulation that the sponsors of the event will provide the City with proof of liability insurance naming the City as an additional insured, will coordinate reserve officers, if needed, at their own expense and will be responsible for clean -up of all race related debris along the entire race course. Fiscal Impact None Exhibits /Attachments Bike -A -Thon request letter. Map of course. Council Action 3/21: Approved 5-0. BOARD OF DIRECTORS Richard Cherlin, M.D. President Lynn Bennion, M.D. First Vice President Bruce Anderson, D.D.S. Second Vice President Anthony P. Rowe Treasurer Eileen Brutsche Secretary Thomas Barbao Immediate Past President Horace Campbell Michael Greenfield, M.D. Monroe A. Gross, M.D. John Herman, M.D. Kenneth Johnson Robert Jolley Linda Macdonald Thomas O'Rourke Claude L. Shipp Ervie Smith Charles Thompson Keith Wade John Wilcox Peggy Yep, R.D., M.P.H. HONORARY BOARD OF DIRECTORS Frank Alvarez Walter L. Arons, M.D. Lawrence V. Basso, M.D. Samuel Cohen Doris Constenius, R.D. Honorable Rod Diridon Adrian Dronkert, M.D. Maurice Fox, M.D. Ray Hintz, M.D. Peggy Fleming Jenkins Allan Lavetter, M.D. Kathy Letterman Yaya de Luna Martinez Mayor Thomas McEnery Regis McKenna Chief Joseph D. McNamara Robert E. Perez Gerald Reaven, M.D. P. Anthony Ridder Paul Robbins, M.D. Ronald Shelton, M.D. James Striebel, M.D. David Walworth, M.D. John A. Walker EXECUTIVE DIRECTOR Rochelle McNamara 0 March 9, 1984 Police Chief Don Trinidad Saratoga Police Department 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Chief Trinidad, I am writing on behalf of the Diabetes Society of Santa Clara Valley to get approval for the route the Diabetes Society will use for its tenth Annual Bike- A -Thon scheduled for Sunday, May 20, 1984. A map of the route is enclosed. We are expecting 1,000 people participating in this event, riding bikes from 8:30AM until 4:30PM. Please let us know if there is any reason we may not conduct this event as usual. Thank you. RMc /vvm enclosure Sincerely, Rochelle McNamara Executive Director I 1 KM •Z MEM0NT AVE. K KM �4 HOMESYEab RD aRS KM cpO�,L�PaP,� OU�oa LAFAVET'rE. Q EL CAMINC PEAL I -04 it 4 01 f c DUNFORO Wy s lD KM ■ JACK IW -THE_ PDX CHtLKP6 iWT5 A 7- ELEVEN CFE- CKP01015 • CRlEc.1-P6INT5 ALL DISTAQCF-S I1J K1L0Ma-(E -5 /0 U O N h 8 VP J S PG Ee1DCeE v Q h � - 3HPS'� } $fEVENSCREEK 5KM 3 QI 4 KM O MERIDIAN Pte, `,a�n��" W z a ORAIN60W DR W a P I by �P hP 9 KM �� F Cox AVE 1. 911 EL CAMINO REAL (LAFAYETTE) S,C, 2. 3497 STEVENS CREEK (CYPRESS) S.C. 3. 1558 WEST SAN CARLOS, S,J, 4. 1075 WILLOW, S,J. 5. 1880 CURTNER, S,J, 6. SAN TOMAS PLAZA (CAMPBELL & SAN TOMAS AQUINO) CAMPBELL 7. CALABAZAS PARK (RAINBOW & BLANEY) S,J, 8, OAKMONT SQUARE (BLANEY & HOMESTEAD) CUPERTINO 9;. MARYMEADE PARK, LOS ALTOS 10, 3367 EL CAMINO REAL (NOBILI) S.C, 11, 4602 ALMADEN (BRANHAM) S.J. 12. 425 BLOSSOM HILL RD. (SNELL) S,J. 13, LOS PASEOS PARK (SANTA TERESA BLVD,) S,J. 14. 6059 CAHALAN (SANTA TERESA) S,J, o n P cr. _F Z Of + t° 3 l A 2 w 5 Kul y � W © Gi i� .1c WE C.AMP6Eli AtiE" . '4 = \ IER- ~ NnR•ry yC.��c � Y -! -- I /, ape♦ _,i�.� awn / ` � a (GR.OM C.HE. ^K(�f+�i4 71, �,.IECKPOIIN f! 'j'.l a c =- M4'ro /FROM c.NE�KPOl�1T CAECKP61NT 0I1i Y \ CcKM '1. i ,aQ.AmN A>A . r cf h V _ E (l:R6M c`.NECKPOIN'T�p Tn ^rt.er�Ati v �KM HILL --I';/ M w� Q 5 P t rfp�CE Q. F 5 A CITY OF SARATOGA Initial: AGENDA BILL NO: _.� Dept. Hea / DATE: March 13, 1984 City At DEPARTMENT: Maintenance City Mgr ------------------------------------------------------------------------------------------- - - - - -- SUBJECT: Acceptance and Acknowledgement of Donation for Hakone Garden Issue Summa Mr. & Mrs. Darryl Slafter of San Jose have donated five koi fish for the pond at Hakone Garden. These koi fish are valued at $425. Recommendation Accept and acknowledge this donation by way of a letter from the Mayor. Fiscal Impact The five koi have an average length of 10 to 12 inches and are valued at $85 each, which makes a total value of $425. Exhibits /Attachments Council Action 3/21: Approved 5 -0. CITY OF SARATOGA Initial: AGENDA BILL NO: Dept. Head. DATE: March 13, 1984 City Atty iv DEPARTMENT: Maintenance City Mgr ------------------------------------------------------------------------------------------ - - - - -- SUBJECT: Acceptance and Acknowledgement of Donation for Hakone Garden Issue Summary Mr. & Mrs. H.L. Brunner of Saratoga have donated seven koi fish for the pond at Hakone Garden. These koi fish are valued at $490. Recommendation Accept and acknowledge this donation by way of a letter from the Mayor. Fiscal Impact Four of the koi are 10 to 12 inches long and are worth $85 each and three of the fish have an average length of 8 to 10 inches valued at $50 each. This makes a total value of $490. Exhibits /Attachments Council Action 3/21: Approved 5 -0. CITY OF SARATOGA Initial: AGENDA BILL NO: Dept. Head. o DATE: March 13, 1984 City At DEPARTMENT: Maintenance City Mgr ----------------------------------------------------------------------------------------- - - - - -- SUBJECT: Acceptance and Acknowledgement of Donation for Hakone Garden Issue Summa Donna Hand of Campbell has donated four koi fish for the pond at Hakone Garden. These koi fish are valued at $200. Recommendation Accept and acknowledge this donation by way of a letter from the Mayor. Fiscal Impact The four koi fish have an average length of 8 to 10 inches and are valued at $50 each, which makes a total value of $200. Exhibits /Attachments Council Action 3/21: Approved 5 -0. CITY OF SARATOGA / �3 AGENDA BILL NO. lq Initial: Dept. Hd. DATE: February 27, 1984 (March 21, 1984) C. Att . DEPARTMENT: Community Development C. mgr. SUBJECT: FINAL BUILDING SITE APPROVAL, SDR -1523, JAMES W. DAY CON TRUCTION (GERALD JACOBSON) 14960 Sobey Road Issue Spry 1. The SDR -1523 is ready for Final approval. 2. All Bonds and Agreements have been submitted to the City. 3. All requirements for City Departments and other agencies have been met. Recommendation Adopt Resolution 1523 -02 attached. Approving the Final Map of SDR -1523 and authorized execution of Building Site Approval Agreement. Fiscal Impacts None Exhibits /Attachments 1. Resolution No. 1523 -02 2. Report to Planning Commission 3. Status report for building site approval 4. Location Map Council Action 3/21: Approved 5 -0. RESOLUTION NO. 1523 -0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The 43,105 S.F. and 40,355 S.F. Parcels of Land designated , as Parcel A and B on Parcel Map prepared by Kier and Wright Civil Engineer, and submitted to the City Engineer, City of Saratoga,*be approved as two (2) individual building sites. The above and foregoing resolution was duly and-regularly intro- duced and passed by the City Council of Saratoga at a regular a meeting held on the day of. 19 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLE MAYOR (7 REPORT TO PLANNING COMMISSION City of .CiarmcCp' a p DATE: 8/17/82 Commission Meeting: 9/8/82 SUBJECT: SDR -1523, Gerald Jacobsen, Sobey Road, Tentative Building Site Approval - 2 lots REQUEST: The applicant is requesting subdivision approval for 2 lots on a private access road off of Sobey Road in the R -1- 40,000 zoning district. This same proposal was approved by the City Council on appeal from the LDC in 1980. However, the Tentative Map expired in May, 1982. The private road presently has 4 lots taking access from it and this proposal would create a fifth lot on a private access street. Creating an additional lot on the street is inconsistent with the Subdivision Ordinance and the General Plan. PUBLIC NOTICING: Mailings to everyone within 500 feet, posting and noticing placed in the Saratoga News. PLANNING DATA: PARCEL SIZE: 1.916 acres GENERAL PLAN DESIGNATION: Very low density residential ZONING: R -1- 40,000 SITE DATA: SURROUNDING LAND USES: Residential SITE SLOPE: 15.48 SLOPE OF PROPOSED LOTS: Parcel A -12.63 Parcel B -18.52 EXISTING STRUCTURES & FEATURES: House and pool on Parcel A to remain. Existing barn on Parcel B to be removed. Drainage swale at easterly boundary. GEOLOGY: Recommended for approval by City Geologist on August 3, 1982 per attached memo. Report to Planninc Commission SDR -1523 PROJECT CONSIDERATIONS: HISTORY: BACKGROUND: page 2. Four residences presently take access from the minimum access road. Two sites adjacent to the road have received lot splits in the last four years - -SDR -1371, Vaccaro and SDR -1367, Call as well as the previous proposal SDR -1463, Jacsobsen. A similar. application was denied, SDR -1484, Thompson. SDR -1367, Call. The applicant received a tentative lot split on a 2.0.7 acre parcel off the subject access road on June 1, 1978 and final approval on November 28, 1979. The lot split created the fourth lot to take access from the minimum access road. At the time of the split, the Planning Commission defined the existing residences' setbacks and no variance was required. SDR -1371, Vaccaro. The applicant received a tentative lot split on July 20, 1978 with abandonment of the existing driveway (through the middle of the lot) to an easement on the north side of the parcel, for access to the two parcels. This access parallels the subject access road but is 162.7' north of it; thus this split did not create additional lots taking access on the roadway. Final Approval was granted on February 14, 1979. SDR -1463, Jacobsen. The applicant received a tentative lot split on the same parcel as this application on November 5, 1980 on appeal to the City Council from the LDC. This split created a fifth lot on a minimum access road but the approval has now expired. SDR -1484, Thompson. The applicant was denied a tentative lot split on a 2.28 acre parcel off of Sobey Road by the Planning Commission on February 25, 1981 and by the City Council on appeal on April 1, 1981. BODY OF REPORT The applicant is requesting a lot split wh.ich.would cause a fifth lot to access onto a minimum access road. The General Plan policies state: "Minimum City street standards shall depend upon location, terrain, character of areas and the anticipated function of the roadway." "The City shall require adequate access in keeping with the density of development." One objective of the General Plan is to: "Relate land uses to existing street capacities." Report to Planning ^�mmission page 3. SDR -1523 C The Subdivision Ordinance, written to conform to the General Plan, states in Section 13.3 -7 that: "Every lot shall either front on an accepted public street..., except that the advisory agency may allow the following: A subdivision of 4 or less lots to front on a-minimum access street... ". Therefore, Staff is recommending that the Planning Commission deny the application. RECOMMENDATION Staff recommends:th.at the Planning Commission deny the proposal, finding (a) that the design or improvement of the proposed sub- division is not consistent with applicable general and specific plans. If the Planning Commission determines to approve this application, then the following findings need to be made: DRAFT PROJECT STATUS: Said project complies with all objectives of 1974 General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The housing needs of the region have been considered and have been balanced against the public service needs of its residents and available fiscal.and environmental resources. There are special circumstances or conditions affecting the property or that the access road exception is necessary for the preservation and enjoyment of the substantial property rights of th.e petitioner and granting an exception will not be detrimental to the,public health, safety or welfare or injurious to other property in the territory in which said subdivision is located. A Negative Declaration was prepared and will be filed with the County of Santa Clara Recorder's Office relative to the environmental impact of this project, if approved under this application. Said deter- mination date: July 8, --1980 Any approval of the tentative map for SDR-1523 (Exhibit "B" filed July 21, '1982 should be made subject to:the following conditions: 1. GENERAL CONDITIONS Applicant shall comply with all applicable provisions of Ord- inance No. 60, including without limitation, the submission of a Record of Survey or Parcel Map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect at the time of final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health Report to Planning Commission Page 4. SDR -1523 Department regulations and applicable Flood Control re- gulations and requirements of the Fire Department. Reference is hereby made to said Ordinance for further particulars. Site approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - DEPARTMENT OF .COMMUNITY DEVELOPMENT A. Pay Storm Drainage Fee in effect at the time of obtaining Final Approval (Currently $1100 /Lot). B. Submit "Parcel Map" to City of Checking and Recordation (Pay required Checking and Recordation Fees). (If Parcel is shown on existing map of.record, submit three (3) to- scale prints). C. Submit "Irrevocable Offer of Dedication" to Provide for a 30 ft. Half- Street on Sobey Road. D. Improve Sobey Road to City Standards, including the following: Designed Structural Section 20 ft. between certerline and flowline.' Asphalt Concrete Berm Undergrouding Existing Overhead Utilities. E. Construct Access Road 18 ft, wide plus 1 ft. Shoulders using double seal coat oil and screenings or better on 6 in. aggregate base from Sobey Road to turnaround on Parcel "B ". Slope of access road shall not exceed 122% without adhering to the following: Access roads having slopes between 122% and 15% and 1720 shall.be surfaced using 22 in.-Asphalt Concrete on 6 in. Aggregate Base. Access roads having slopes between 15% and 1720 shall be surfaced using 4 in. of P.C. Concrete rough surfaced using 4 in. Aggregate Base. Slopes in excess of 15% shall not exceed 50 ft. in length. Access roads having slope in excess of 172% are not permitted. Note: The minimum inside curve radius shall be 42 ft. The minimum vertical clearance above road surface be 15 ft. Bridges and other roadway structures shall be designed to sustain 35,000 lbs. dynamic loading. Storm Runoff shall be controlled through the use of culverts and roadside ditches. Vertical curves to be reconstructed to meet minimum safety requirements. Report to Planning Commission SDR -1523 page 5. F. Construct turnaround having 32 ft. radius or approved equal using double seal coat oil and screenings or better on 6 in. aggregate base within 100 ft. of proposed dwelling on Parcel "B". G. Construct "Valley Gutter" across driveway or pipe culvert under access road as approved by the Director of Community, Development. H. Provide adequate sight distance and remove obstructions of view as required at driveway and access road intersections. I. Watercourses must be kept free of obstacles which will change, retard or prevent flow. J. Protective Planting required on roadside cuts and fills. K. Engineered Improvement Plans required for: Street Improvements Access Road Construction L. Pay Plan Check and Inspection Fees as determined from Improvement Plans. M. Enter into Improvement Agreement for required improvements to be completed within one (1) year of receiving Final Approval. N. Post bond to guarantee completion of the required improvements III. SPECIFIC CONDITIONS - DEPARTMENT OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional 1. Soils ) Meet requirements of City Geologist's 2. Foundation ) Memo dated August 3, 1982 B. Plans to be reviewed by geotechnical consultant prior to building permit being issued as required by consultant. C. Detailed on -site improvement plans showing: 1. Grading (limits of cuts, fills; slopes, cross - section, existing and proposed elevations, earthwork quantities) 2. Prior to Final Map Approval provide drainage details (conduit type, slope, outfall, location, etc.) P.S.D.E.'s 3. Retaining structures including design by A.I.A. or R.C.E. for walls 3 ft. or higher. 4. All existing structures, with notes as to remain or be removed. See below. Report to Planning Commission page 6. SDR -]523 5. Erosion control measures 6. Standard information to include titleblock, plot plan using record data, location map, north arrow, sheet nos, owner's name, etc. D. Bonds required for structure improvements per E -1. E. Other requirements: 1. All existing structures to be evaluated by licensed consultant for code conformance. Report to be provided to City. Corrections to be made or bonded for prior to Final Map Approval. IV. SPECIFIC CONDITIONS - SANTA CLARA COUNTY SANITATION DISTRICT NO. 4 A. Sanitary sewers to be provided and fees paid in accordance with requirements of Sanitation District No. 4 as outlined in letter dated July 2, 1980. V. SPECIFIC CONDITIONS - CENTRAL FIRE PROTECTION DISTRICT A. Improve access road for fire protection vehicles to a surfaced road 18 feet wide plus one foot (1) shoulders on each side. Grade should not exceed fifteen percent (15o)..'Inside radius of turns should be 42 feet or more. (Access road requirements should be coordinated with the Community Development.) B. Provide a safe and adequate driveway not less than 12 feet wide. Grade should not exceed fifteen percent (150). Inside radius of turns should be 42 feet or more. Provide adequate parking and turnaround area for four (4) emergency vehicles at site. Parking and turnaround area to be 40' by 48' un- obstructed. All road surfaces must sustain 35,000 pounds loading. (These requirements should be coordinated with Community Development.) C. The above listed conditions are for both Parcel "A" and Parcel "B" VI. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. Sewage disposal to be provided by sanitary sewers installed and connected by the developer to one of the existing trunk sewers of the Sanitation District No. 4. Prior to final approval, an adequate bond shall be posted with said district to assure completion of sewers as planned. B. Domestic water to be provided by San Jose Water Works. C. Existing septic tank to be pumped and backfilled to Santa Clara County Health Department standards. A bond in the amount of $400 is to be submitted to the City to insure Report to Planning Commission page 7. SDR -1523 completion of work. VII. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the SCVWD for review and certification. VIII. SPECIFIC CONDITIONS - PLANNING DEPARTMENT A. Design Review Approval required on project prior to issuance of permits. B. Any modifications to the Site Development Plan shall be subject to Planning Commission Approval. C. Prior to issuance of building permits individual structures shall be reviewed by.the Planning Department to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities on /in the sub- division /building site. APPROVED:_ KK /bc Agenda: 9/8/82 i Kathy/ Kerdus Planner MEMORANDUM CITY OF SARATOGA TO: CITY COUNCIL FROM: DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: Status Report for Building Site Approval All conditions for Building Site Approval SDR - .1523, James W. Day Const. onn) (have) been met as approved by the n71Z7n--7ltnrri��-i�n on x/20/84 i y Co rice Listed below are the amounts, dates and City receipt numbers for all required items: Offer of Dedication yes Record of Survey or Parcel Map yes Storm Drainage Fee �ggnn Date Submitted All Required Improvement Bonds$11,000 Date All Required Inspection Fees $1860.00 Date Building Site Approval Agreement yes Date Park and Recreation Fee $2600.00 Date It is, therefore, (Final) SDR- 1523 be granted. Date Submitted Date Submitted 2/15/84 Receipt Submitted 2/15/84 Submitted- Signed 2/15/84 Submitted 2/15/84 2/16/84 4151 Receipt# --- Receipt# 4149 Receipt# 4149 the Community Development Department recommendation that Building Site Approval for James W. Day Construction (Geraid Jacobson) If Conditional Building Site Approval is recommended, it shall become un- conditional upon compliance with the following conditions: Condition(s) Reason for Non - Compliance Robert S. Shook Director of Community Development 1 / v �v - � q c / 3� 1 + N 1 U W J l t � ' \ 1 ' \ \\1.SIRIW AIboX "H403010 AVON :�� �F, CITY OF SARATOGA Initial: AGENDA BILL N0. c;.,(' 4 Dept. Head. DATE: March 13, 1984 City Atty DEPARTMENT: ------------------------------------------------------------------------------------------ Maintenance City Mgr - - - - -- SUBJECT: Notice of Completion - "Furnish and Install Underground Fuel Tank" Issue Summa City Council at their regular meeting of November 28, 1983 awarded the contract of "Furnish and Install Underground Fuel Tank" to Mello Petroleum. Work on the subject project has been satisfactorily completed. Recommendation Authorize staff to file the Notice of Completion indicating completion and acceptance of the work. Fiscal Impacts This project was approved in the 1983 -84 Capital Budget. Exhibits /Attachments 1. Notice of Completion 2. Progress Pay Estimate Council Action 3/21: Approved 5-0 Nome 5 " Ad, drre. ci,, 6 5io,a SPACE ABOVE THIS LINE FOR RECORDER'S USE Natire of (Empiption 1Tnfirr is hereby given that ..........I........... , the undersigned, .. Wayne Dernetz ................................................................................................................................. ............................... .............................. 11he agent of]* the owner....... o th............. certain lot............ piece..............., or. par el....... o land situated in the ...... City.. of,,,, arato. P ............... ............................... County of �ant:a Clar� ....., State of California, and described as follows, to -wit: "Furnish and Install Underground Fuel Tank" T hat........................................................................................................ ......................th........ ............................... . as owner...... of said land, did, on the .................. ................................................. day Of......, November ..., I9 ..$3........... , enter into a contract with ........................ Mello Petrbl'6ifr "1 "Tank " " " "'.. " "'.. for ... " " " "'.'.. "'. " " " "" Kurnish.. and "Tnstal'1'"Uriderg'roiirid ueT ................................................................................................................................. ............................... ............................... ................................................................................................................................. .:............................................................................................................................... ............................... upon [lie land above described, which contract was filed in the office of the county recorder of the ......... ............................... county of .................................. ............................... , State of California, on the................. ............................... day of .. ........ ........................ ..... 19 ............1. Thal on the....... 9th.......... . ......... da o M3rcf...... 84 y f .................. ............................... . 19 ........... the said contract or work Mil �r0 Petroleum a whole, was actually completed by the said ................... p ............................... ................................................................................................................................. 'Thal the rIaine ...... and address...... of all lfre owner...... of said property arc as follows: City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 and the nature of ........ ............................... title to said property is ........................ ............................... ................................................................................................................................. ............................... ................................................. ............................... ................................................. ............................... ........................ Owner............ si:�l Tc or• r,Ai u��ottnrlA ss. Ii ................ ............................... Countyof ............................. ............................... Agent ................................................................................................................................. ............................... bein_• duly- sworn ............................................................................................ ............................... sacs: 1 nm .......... /lhe agent oft* the owner...... of the property described in the joregoing notice. I have read the foregoing notice and know the contents thereof and the same is true of my own knowledge. Subscribed and sworn to before rat this � .......................... dad' Of ...................... 19 ....... I ................................................................................ .................. " Delete words in brackets if owner signs. cry^ crnnn-; vn- ita= rvortceorcclsrrrrtYtmiry -owvrx- rc�c.: r. 9rr. rive -1 rrtmraA17 CITY OF SARATOGA Initial: AGENDA BILL NO: Dept. Head. DATE: March 13, 1984 City Atty DEPARTMENT: Maintenance City Mgr ------------------------------------------------------------------------------------------------ SUBJECT: Notice of Completion - "Furnish and Install Underground Fuel Tank" ------------------------------------------------------------------------------------------------ Issue Summary City Council at their regular meeting of November 28, 1983 awarded the contract of "Furnish and Install Underground.Fuel Tank" to Mello Petroleum. Work on the subject project has been satisfactorily completed. Recommendation _ Authorize staff to file the Notice of Completion indicating completion and acceptance of the work. Fiscal Impacts This project was approved in the 1983 -84 Capital Budget. Exhibits /Attachments 1. Notice of Completion 2. Progress Pay Estimate Council Action PROJECT: FURNISH & INSTALL UNDERGROUND FUEL TANK DATE: EST. NO. FROM: Feb. 84 TO; March 84 PROGRESS PAY ESTI ° -7ATE City of Saratoga 13777 Fruitvale Avenue Saratoga, CA. 95070 CONTRACTOR: Mello Petrnleum ADDRESS: 925 Commercial Street San Jose, CA 95112 PHONE: ( 408 ) 287 -2950 11 UNIT iWORK DONE aORK DONE u o TOTAL WORK ITEM DESCRIPTION UANTITY- UNIT -PRICE TOTAL - REVIOUS ES THIS EST. WORK DONE TOTAL DUE - DONE REMARKS Furnish & Install Under - Ground Fuel Tank L.S. L.S. 9976 $9976.00 0 100% 100% 9976.00 100% Includes change order #2 dated 12/08/84 amount $3,650.00 TOTAL CONTRACT AMOUNT: RECORD OF PREVIOUS PAYMENT $9976.00 TOTAL DUE: _L9,976.00 P.O.# 17416 EST. NO. DATE AMOUNT MADE BY: �- 7 3- (_2 41hz 997.60 FUND # 30 LESS 10% RETENTION: DATE CHECKED BY: si � 8,978.40 ACCT. # TOTAL PAYMENT: DA APPRO Y: �'�� PROGRAM # 975 LESS PREVIOUS PAYMENTS: $8'978'40 72 Director of C unity Development Date PAYMENT DUE THIS EST.: DIVISION # TOTAL: SHEET �_ OF �_ CITY OF SARATOGA Initial: e �- AGENDA BILL N0: (pC�� Dept. Hea ;_,/� DATE: March 7, 1984 City Atty . DEPARTMENT: Parks and Recreation Commission City Mgr ------------------------------------------------------------------------------------------- - - - - -- SUBJECT: Request for Funding to Support Off Highway Vehicle Park Issue Summar The Central Counties Safety Council has requested financial support from the City of Saratoga for the Santa Clara County Motorcycle Park located in South San Jose. The request is for allocation of all of the City's revenue from Off Highway Vehicle taxes which amounts to $411 per year. This matter was referred to the Parks and Recreation Commission for their recommendation. The Commission wrote to the Safety Council with specific questions, and discussed the response to these questions at their March 5th meeting. The Parks and Recreation Commission recommends allocating the $411 to support the Motorcycle Park in order to provide an alternative to the problem of motorcycle riding in prohibited areas, such as hillsides. Recommendation Accept the recommendation of the Parks and Recreation Commission to allocate $411 from Off Highway Vehicle taxes to the Central Counties Safety Council for support of a motorcycle park located in South San Jose. Fiscal Impact The State restricts the use of these funds to off road vehicle matters. The City has in the past utilized these funds for prohibitive signing and other controls. Exhibits /Attachments 1. Memo from City Manager to Parks Commission 2. Letter to Safety Council from Commission 3. Letter to Commission from Safety Council 4. Vehicle Code Fee Information Council Action 3/21: Approved recommendation 3 /2(Callon, Fanelli opposed). o0 0&M&9Q)0& � ®sm 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 • (408) 887 -3438 . ftil F:�]C�)K�ti Dt III TO: Park and Recreation Commission FROM: City Manager DATE: January 31, 1984 SUBJECT: Request for aid to support.off highway vehicle motor park --------------------------------------------------------------------------- Through my office, the City of Saratoga has received a request from the Central Counties Safety Council for financial assistance in support of the Santa Clara County Motorcycle Park, located in south San Jose. This park is one of three facilities, I am told, in Santa Clara County were off -road vehicle enthusiasts may legally practice their sport. The request for financial assistance is for allocation of all of the City's revenue from off - highway vehicle taxes, which amounts to $411.00 per year. I believe the Safety Council is making a similar request on all of the other cities in the County and have requested information from them concerning this. In their letter, the Safety Council makes reference to section 38240 of the California Vehicle Code which determines the allo- cation and use of the fees collected and distributed to cities. The letter.states that local agencies are required to use the money for activities associated with off - highway vehicle recrea- tion. Section 38240 of the Vechile Code defines such activities to include, amoung others, (1) maintaining or operating facili- ties for the use of off - highway motor vehicles; and (2) con- trolling the operation of motor vehicles in areas off the high- ways where the operation of motor vehicles is restricted or prohibited. While Saratoga does not operate nor maintain any facility for off - highway vehicles, we do experience significant cost with regard to controlling the operation of motor vehicles in areas off highways where they are prohibited through our law enforcement contract. I believe the cost, if measured, would greatly exceed the annual revenue received. The issue here, I think, is whether the City of Saratoga should support an off - highway recreational vehicle park in Santa Clara County to the extent of the amount requested. The point is made that many Saratoga residents would and do use such a Park and Recreation Commission January 31, 1984 Page Two facility. The Park and Recreation Commission would be in the best position to address the issue and make recommendation to the City Council. For that reason, I would request your commis- sion to review this issue and submit your recommendation to the City Council at your convenience. IYN�4" Wa a Derne City Manager JWD:llc cc: Dan Trinidad Enclosure (2) t -' 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 Cc :,.:L (408) 867 -3438 OFFICE: PARKS AND RECREATION COMMISSION COUNCIL MEMBERS: 0 Linda Callon Martha Clevenger February 7, 1984 Virginia Fanelli John Mallory David Moyles Marie G. Evans Executive Director Central Counties Safety Council 330 W. Hedding Street, Suite 110 San Jose, CA 95110 Dear Ms. Evans: The Parks and Recreation Commission has considered your request for financial aid in the operation of a motorcycle park located in South San Jose. The Commission did have a few questions they would like answered prior to passing along a recommendation to the City Council. Their questions can be summarized as follows: • 1) Is it know how many of the current users of the Park are Saratoga residents? 2) If the City agrees to assistance this year, is the City obligated to giving assistance in following years? 3) From what agencies in the County are you requesting financial support, and what amounts are being requested? . 4) If Saratoga decides not to contribute, can Saratoga residents be excluded from using the Park? The Commission would appreciate it if you could send this information to them at your earliest convenience. Please do not hesitate to contact me if I can be of assistance to you. Sinc ely, Dan Trinidad, Jr. Director of Maintenance Secretary, Parks and Recreation Commission • ms central counties Safety Council Serving Counties of: Monterey, San Benito, Santa Clara and Santa Cruz 330 West Hedding Street, Suite 110 • San Jose, California 95110 408/297 -3033 February 14, 1984 Dan Trinidad, Jr. Director of Maintenance Secretary, Parks and Recreation Commission City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Trinidad: In response to your letter of'February 7, 1984, I would like to provide you with the following to answer your inquiry: 1. We do know that 60% of the park use is by San Jose residents. The other municipalities would divide the remaining 40o pro- portionately. The fees you receive from the state would in- dicate the number of Saratoga residents applying for the "off- road" licensing. 2. Although the City would not be obligated for any number of years, we would hope that your department would continue their support of this park. 3. We are requesting support from all cities in Santa Clara County, according to the amount of fees returned to the cities by the state. 4. Under no•circumstances would we consider excluding any individual from using the park. Central Counties Safety Council feels the Park makes a major contribution to motorcycle safety in this county. It has been acclaimed as one of the best in the state, if not the nation. If the Park is to remain open, funding must be augmented by the cities and county. We sincerely hope you will offer Saratoga financial support. If you desire any additional information, please call me at (408) 297 -3033. Sincer , ert M. Culp Supervisor A chartered chapter - National Safety Council A NONGOVERNMENTAL, NOT FOR PROFIT, PUBLIC SERVICE ORGANIZATION ..f r Off Highway Motor Vehicle License Fee Authority: Sections 38230 and 38240 of the Vehicle Code. Administering Agency: Department of Motor Vehicles (collection); State Controller is ursement . Description: In addition to other fees, a $4.00 fee is collected for the registration of motor ve icles used exclusively for off - highway purposes, in lieu of local taxes. Revenues are divided equally among cities and counties and then apportioned to each city or county on the basis of population. The State Controller makes payments to local governments in July and January of each fiscal year. Yield and Growth: FY 1975 -76 FY 1976 -77 FY 1977 -78 FY 1978 -79 FY 1979 -80 * less than 1% 44: . - -- Yield $ 147,096 271,182 193,489 276,155 209,034 - 32 - % of Total Statewide Municipal Revenues -- * * * * % Increase (Decrease) f II Over Previous Year 84% (29 %) 43% (24 %) i § 38205 -546- Div. 16.5 Application for Tronsfer . 38205. (a) Whenever any person has received as transferee a properly endorsed certificate of ownership and the identification certificate of the vehicle described in the certificates, he shall within 10 days thereafter endorse the ownership certificate as required and forward the ownership certificate and the identification certificate with the proper transfer fee and, if required under Section 38120, any other fee due and thereby make application for transfer of identification. (b) Whenever any person applies for transfer of identification on a certificate of ownership issued for the current identification period, the identification certificate need not be surrendered. Added Ch. 1816, Stats. 1971. Operative July 1, 1972. Notice of Tronsfer to Dealer Not Required 38210. When the transferee of an off - highway motor vehicle subject to identification is a dealer who holds such vehicle for resale, the dealer is not required to make application for transfer, but upon transferring his title or interest to another person he shall comply with this division. Added Ch. 1816, Stats. 1971. Operative July 1, 1972. Payment of Use Jr., 38211. (a) The department shall withhold identification of or the transfer of ownership of any vehicle subject to identification under this division until the applicant pays to the department the use tax measured by the sales price of the vehicle as required by the Sales and Use Tax Law, together with penalty, if any, unless the purchaser presents evidence on a form prescribed by the State Board of Equalization that sales tax will be paid by the seller or that use tax has been collected by the seller or that the State Board of Equalization finds that no use tax is due. If the applicant so desires, he may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his application for identification or transfer of ownership, and thereafter he may apply through the Department of Motor Vehicles to the State Board of Equalization under the provisions of the Sales and Use Tax Law for a refund of the amount so paid. (b) The department shall transmit to the State Board of Equalization all colllections of use tax and penalty made under this section. This transmittal shall be made at least monthly, accompanied by a schedule in such form as the department and board may prgqescribe. costs incurred inocarrry carrying out provisions ons of this reimburse ection. Such preimbursement shall be effected under agreement between the agencies, approved by the Department of Finance. (d) In computing any use tax or penalty thereon under the provisions of this 3 section dollar fractions shall be disregarded in the manner specified in Section 9559 g of this code. Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law insofar as they are applicable to the use of vehicles to which this section relates. Added Ch. 1816, Stats. 1971. Operative July 1, 1972. Article 9. Identification Fees Service Fee and Special Pee. Off - Highway Vehicle fund 38225. (a) A service fee of five dollars ($5) shall be paid to the department for the issuance or renewal of identification of off - highway motor vehicles subject,to identification, except as expressly exempted under this division. (b) In addition to the service fee specified in subdivision (a), a special fee of six dollars ($6) shall be paid at the time of payment of the service fee for the issuance or renewal of an identification plate or device. All fees received by the department pursuant to this subdivision, and all day use, overnight use, or annual or biennial use fees for designated off - highway state recreation areas received by the Office of Off- Highway Motor Vehicle Recreation, shall be deposited in the ,r i Div. 16.5 Div. 16.5 —547— § 38245 f - Off-Highway Vehicle Fund, which is hereby created. There shall be a separate type, including four -wheeled vehicles, eived as transferee a properly ification certificate of the reporting of special fee revenues by vehicle All money in the fund is continuously appropriated vehicle 10 days thereafter endorse the motorcycles, and snowmobiles. for expenditures by the office for the purpos es specified in Section 8706 of the .he ownership certificate and the fee Public Resources Code. 1, 1972. sfer and, if required under make application for transfer of Added Ch. 1816, Stats. 1971. Operative July Amended Ch. 1133, Stats 1972. Effective Mar. 7, 1973. supersedes Ch. 973. Amen ded Ch. 974, Stats. 1973. Effective Jan. 1, 1974. de Ch. 1093, Stats. 1976. Effective January 1, 1977. r of identification on a certificate Amended Amended Ch. 946, Stats. 1980. Effective January 1, 1981. ration period, the identification Additional Fee: In Lieu Tax sed by Section 38225, there shall be paid a to the fees im poe 38230. In addition or renewal of identification for every four-dollar ($4) fee for the issuance imposed by this The fee way motor vehicle subject to highway motor vehicle subject to identification. off -highN purposes is in lieu of all taxes according to value levied for state or lo . cal cle for resale, the dealer is not section Added Ch. 1816, Stats. 197 1. Operative July 1, 1972. _)n transferring his title or interest -ision. Fees for Special Permits 38087 shall be the Section 38231. The fees for a special permit issued under n fees as set forth in Sections 38225 and 38230 and shall be identification ..... ..... prevailing e identification fees under this chapter. Nre and distributed as are lentification of or the transfer of deposited p 6, 1972 by terms of an urgency clause. Added Ch. 973, Stats. 1972. Effective Aug. 1 ion under this division until the ,asured by the sales price of the _w, together with enalty, if any, Fee: Special Transportation Identification A special fee of three dollars ($3) shall be paid to the department for to in prescribed by State Board e 38232. the issuance of a special transportation identification device issued pursuant be deposited in the Motor Vehicle Account in the seller or that use tax has been %7�109" Equalization finds that tax Section 38088 and shall Tax Fund. Such fee is in lieu of the fees provided in Section 38225. no use ie use tax and penalty, if any to Transportation Added C h. 1050, Stats. 19175. Effective January 1, 1976. ction on his u m s application for hep may apply through i the Fe Report and Deposit of es Section 38230 shall be WIT oard of Equalization under the ,2fund of the amount so 38235. All money collected by the department under reported monthly to the State Controller and at the same time be deposited in the Fee Fund, which is hereby paid. State Board of Equalization all State Treasury to the credit of the Off-Highway License his section. This transmittal shall schedule in such form as the created. a 3 Added Ch. 1816, Stats. 1971. Operative July 1, 1972. eimburse the department for its his section. Such reimbursement Allocation and Use of Fees 38240. (a) The State Controller shall allocate the fees collected under Section manner fees are allocated the agencies, approved by the 38230 in July and January of each fiscal year in the same Revenue an d Taxation Code. on under the provisions of this under Section 11005 of the (b) it is the intent of the Legislature that funds collected under Section 38230 ' following purposes: manner specified in Section 9559 this basis shall be deemed fun be used for any one or more o the Planning, acquiring, developing, constructing, maintaining, administering, (1) facilities for the use of off highway trails, areas, or other fa frid Use Tax Law insofar as i operating, or conserving :is section relates. W- vehicles. motor J motor vehicles in areas off the highways where (2) Controlling the operation 4 or prohibited. r the operation of motor vehicles i s restricted (3) Otherwise carrying out the provisions of this division. ,n Fees y. Added Ch. 1816, Stats. 1971. 1grative July 1, 1972. Stats. 1973. Effective May 23, 1973, by terms of an urgency clause. Fund Amended Ch. 65, Stats. 19176. Effectiv, January 1, 1977. Amended Ch. 1093, Sh _,11 be paid to the department January 1, 1978. Amended Ch. 681, Stats. 19'n. Effective Jan ,ghway motor vehicles subject t ler this division. W",. Delinquency of Fees Whenever an off -highway motor vehicle subject to identification is subdivision (a), a specia l ment of the service fee for the 38245. required by this division operated or transported in this state without the fees device. All fees received by the having first been paid, the fee is delinquent. lay use, overnight use, or annual tte recreation areas received Added Ch. 1816, Scats. 1971. Operative July 1, 1972. is. 1973. Operative July 1, 1974. Amended Ch. 974, Stats. ation, shall be depositedA 'IV