HomeMy WebLinkAboutPacket.pdfTable of Contents
Agenda 4
City Council Regular Meeting Minutes for December 7, 2011
Staff Report 10
Attachment A: December 7, 2011 City Council Regular
Meeting Minutes 12
Review of Accounts Payable Check Registers
Check Register Report 18
12/1/2011 Check Register 20
12/7/2011 Check Register 25
Treasurer’s Report for the Month Ended November 30, 2011
Treasurers Report for the Month Ended November 30,
2011 28
Purchase of Village Pedestrian LED Lights
Staff Report 34
1. LED Light Proposal 36
2. LED Light Specification Sheet 37
Saratoga Ave Overlay and Rehabilitation Project ESPL-
5332(014) – Notice of Completion.
Council Report-Saratoga Ave Overlay and Rehab-
Notice of Completion 38
Attachment 1 Notice of Completion 40
Highway 9 Safety Improvement Project Phase III, Austin Way –
Award of Construction Contract.
Staff Report 41
1. Bid Summary 43
2. Construction Contract 47
3. Improvement Plan 155
Award of Design Contract for the Village Pedestrian
Enhancement Phase 2 Project
Council Report Award of Design Contract for Village
Ped Enhancement Phase 2 169
Attachment 1 Power Point Saratoga Village 10-26-11 171
Attachment 2 Village Pedestrian Enhancement Phase 2
Design Contract 192
Attachment 3 Key Map 241
Final Acceptance of Subdivision Dedications – Subdivision
Application No. SUB07-0001, 19161 Cox Avenue
Staff Report 242
1. Resolution Accepting Dedications 244
2. Parcel Map 246
3. Resolution No. 08-059 248
Subdivision Improvement Amendment and Drainage
Maintenance Covenant for Balakrishnan Trust Property
Staff Report 249
1. Amendment to Subdivision Improvement Agreement 251
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2. Drainage Maintenance Covenant 262
3. Recorded Subdivision Improvement Agreement 274
Approval of Library Improvement Project and Authorizing Use of
Library Improvement Fund
Approval of Library Improvement Project and
Authorizing Use of Library Improvement Fund 299
Commission Qualifications and Expiring Terms
Staff Report 301
Attachment A: Commission Qualifications and Terms
Expiring in 2012 303
Attachment B: Commission Attendance Records 305
Amendment to Weed Abatement Agreement
Staff Report 307
Attachment A: Proposed Amendment to the Agreement
Between the County of Santa Clara and City of
Saratoga for Abatement of Weeds 309
2012 Hazardous Vegetation Program Commencement
Resolution
Staff Report 311
Attachment A: Resolution Declaring Hazardous
Vegetation (Weeds) as a Public Nuisance and Setting
Public Hearing Date 313
Council CalPERS Election of Optional Membership and Pension
Reform
Staff Report 315
Resolution 317
Annexation of 19351 Redberry Drive (APN 510-25-062)
Staff Report 319
Attachment 1 - Resolution Approving Annexation 322
Attachment 2 - Legal Description of the Territory to be
Annexed 324
Attachment 3 - Map of Approved Annexation 328
Attachment 4 - Staff Report for Initiation of Annexation
(July 6, 2011)329
Attachment 5 - Letter from County Surveyor dated
December 1, 2011 346
Resolution Adopting Council Agency and Ad Hoc Committee
Appointments
Staff Report 352
Attachment A: Resolution Appointing Council
Representatives to Agencies and Ad Hoc Committees
for 2012 354
Pre-Annexation Agreement for the Garrod Trust property at
22600 Mount Eden Road – ANX10-0002.
Staff Report 355
Attachment 1 - Pre-Annexation Agreement 357
Attachment 2 - Background Report 368
Attachment 3 - Aerial Map Showing USA adjustments &
Garrod Trust Properties 387
2
CDBG Program Update
Staff report 389
CDBG Application 391
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WEDNESDAY, DECEMBER 21, 2011
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
December 16, 2011)
REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
None
SPECIAL PRESENTATIONS
None
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
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CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes.
1. City Council Regular Meeting Minutes for December 7, 2011
Recommended action:
Approve minutes.
2. Review of Accounts Payable Check Registers
Recommended action:
That the City Council review and accept check registers for the following accounts
payable payment cycles: December 1, 2011
December 7, 2011
3. Treasurer’s Report for the Month Ended November 30, 2011
Recommended action: Review and accept the Treasurer’s Report for the month ended November 30, 2011.
4. Purchase of Village Pedestrian LED Lights
Recommended action:
Approve proposal from Electrical Distributors Co. in the amount of $143,438.77 for the purchase of 95 LED fixtures and photo controls.
5. Saratoga Ave Overlay and Rehabilitation Project ESPL-5332(014) – Notice of
Completion
Recommended action: Move to accept the Saratoga Ave Overlay and Rehabilitation Project ESPL-
5332(014) as complete and authorize staff to record the Notice of Completion for the
construction contract.
6. Highway 9 Safety Improvement Project Phase III, Austin Way – Award of Construction Contract
Recommended action:
1. Move to declare Granite Rock Company DBA, Pavex Construction Division of San
Jose to be the lowest responsible bidder on the project. 2. Move to award a construction contract to Granite Rock Company DBA, Pavex
Construction Division in the amount of $313,880.00
3. Move to authorize staff to execute change orders to the contract up to $32,000.
7. Award of Design Contract for the Village Pedestrian Enhancement Phase 2 Project Recommended action: 1. Move to award a professional services contract with Gates and Associates for
Design Services in the amount of $179,943 connected to the Village Pedestrian
Enhancement Phase 2 Project and authorize the City Manager to execute the same.
2. Move to authorize staff to execute change orders to the contract up to $18,000.
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8. Final Acceptance of Subdivision Dedications – Subdivision Application No. SUB07-0001, 19161 Cox Avenue
Recommended action:
1. Move to accept offers of dedication within the Subdivision SUB07-0001.
2. Move to adopt the resolution rescinding the previously rejected Offers of
Dedications and accepting dedication of streets or portions of streets within Subdivision SUB07-0001 which includes portion of Cox Avenue and a portion of
Brookglen Court into the City’s publicly maintained street system.
9. Subdivision Improvement Amendment and Drainage Maintenance Covenant for
Balakrishnan Trust Property Recommended action: 1. Approve Amendment to Subdivision Improvement Agreement between the Balu
and Mohini Balakrishnan Trust and the City of Saratoga.
2. Approve the Drainage Maintenance Covenant between the Balu and Mohini
Balakrishnan Trust and the City of Saratoga.
10. Approval of Library Improvement Project and Authorizing Use of Library
Improvement Fund
Recommended action:
Authorize use of approximately $5,000 in savings of the Saratoga Library Improvement Fund (LBIF) and approve a Post Indicator Valve (PIV) fire alarm
project to improve and enhance the Saratoga Library.
11. Commission Qualifications and Expiring Terms
Recommended action: Accept the list of Commission qualifications and terms expiring in the 2012 calendar
year.
12. Amendment to Weed Abatement Agreement
Recommended action: Approve the amendment to the agreement between the County of Santa Clara and the
City of Saratoga for abatement of weeds and authorize the Mayor to sign the
agreement amendment.
13. 2012 Hazardous Vegetation Program Commencement Resolution Recommended action: Approve resolution declaring hazardous vegetation (weeds) as a public nuisance and
setting a public hearing on January 18, 2012 to consider objections to the Abatement
List. 14. Council CalPERS Election of Optional Membership and Pension Reform
Recommended action:
Approve the terms and conditions contained in said Resolution which is attached
hereto between the City Council and the City effective December 21, 2011.
15. Annexation of 19351 Redberry Drive (APN 510-25-062)
Recommended action:
Approve annexation of 19351 Redberry Drive (APN 510-25-062), an approximately
1.39 (gross) acre parcel and an adjacent portion of Redberry Drive, all of which is contiguous with the limits of the City of Saratoga and within the City’s Sphere of Influence and Urban Service Boundaries.
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PUBLIC HEARINGS
None
OLD BUSINESS
16. Resolution Adopting Council Agency and Ad Hoc Committee Appointments
Recommended action:
Approve resolution adopting Council agency and ad hoc committee appointments.
NEW BUSINESS
17. Pre-Annexation Agreement for the Garrod Trust property at 22600 Mount Eden Road
– ANX10-0002.
Recommended action: Approve the Pre-Annexation Agreement for the Garrod Trust and authorize the City
Manager to sign it on behalf of the City.
18. CDBG Program Update
Recommended action: Review and accept Staff’s application for CDBG ADA Improvement funds.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page City School AdHoc
Council Finance Committee
Hakone Foundation Board
Let’s Move City
Mayor/Vice Mayor Oath of Office Santa Clara Valley Water District Commission
Saratoga Ministerial Association
TEA AdHoc
West Valley Sanitation District Vice Mayor Jill Hunter
Historical Foundation
KSAR Community Access TV Board
SASCC Tree AdHoc Village AdHoc
West Valley Flood Control & Watershed Advisory Committee
Councilmember Emily Lo Association of Bay Area Government
Carlson House Restoration AdHoc
Electric Vehicle Charging Stations AdHoc
Highway 9 AdHoc
Library Joint Powers Association Sister City Liaison
Village AdHoc
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Councilmember Howard Miller City School Ad-Hoc
Council Finance Committee
Hakone Foundation Executive Committee
Santa Clara County Cities Association
SCC Cities Association Selection Committee Valley Transportation Authority PAC
West Valley Mayors and Managers Association
West Valley Solid Waste Management Joint Powers Association
Councilmember Manny Cappello Carlson House Restoration AdHoc
Chamber of Commerce
County HCD Policy Committee
Electric Vehicle Charging Stations AdHoc
Highway 9 AdHoc Let’s Move City
Mayor/Vice Mayor Oath of Office
Santa Clara County Emergency Council
TEA AdHoc
Tree AdHoc
CITY COUNCIL ITEMS
CITY MANAGER’S REPORT
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of
materials distributed to the City Council concurrently with the posting of the agenda are also
available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the
time they are distributed to the City Council.
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II)
Certificate of Posting of Agenda:
I, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on December 16, 2011, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was
available for public review at that location. The agenda is also available on the City’s
website at www.saratoga.ca.us
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Signed this 16th day of December 2011 at Saratoga, California.
Crystal Morrow City Clerk
NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
01/18 Regular Meeting –Joint meeting with Chamber of Commerce
01/26 Council Retreat
02/01 Regular Meeting –Joint meeting with Sheriff and County Fire 02/15 Regular Meeting –Joint meeting with Planning Commission
03/07 Regular Meeting – Joint meeting with Hakone Board
03/21 Regular Meeting –Joint meeting with SASSC
04/04 Regular Meeting 04/18 Regular Meeting
05/02 Regular Meeting
05/16 Regular Meeting 06/06 Regular Meeting
06/20 Regular Meeting
07/04 Fourth of July –City Hall closed 07/18 Regular Meeting
08/01 Regular Meeting
08/15 Regular Meeting
09/05 Regular Meeting 09/19 Regular Meeting
10/03 Regular Meeting –
10/17 Regular Meeting 11/01 Regular Meeting
11/14 Regular Meeting
12/04 Reorganization Meeting 12/05 Regular Meeting 12/19 Regular Meeting
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2012
9
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: City Council Regular Meeting Minutes for December 7, 2011
RECOMMENDED ACTION:
Approve minutes.
BACKGROUND:
The draft minutes for the City Council Regular Meeting on December 7, 2011 are to this report
for Council review and approval.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
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Page 2 of 2
ATTACHMENTS:
Attachment A: December 7, 2011 City Council Regular Meeting Minutes
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MINUTES SARATOGA SPECIAL CITY COUNCIL MEETING
DECEMBER 7, 2011
The City Council held a Joint Meeting with the Saratoga Heritage Preservation Commission and Saratoga Historical Foundation at 6:00 p.m. in the Administrative
Conference Room.
SARATOGA REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2011
Mayor Miller called the Regular City Council Meeting to order at 7:07 p.m. and invited
Boy Scout Troop 535 to lead the Pledge of Allegiance.
ROLL CALL
PRESENT Council Members Manny Cappello, Emily Lo, Jill Hunter, Vice
Mayor Chuck Page, and Mayor Howard Miller
ABSENT: None ALSO PRESENT: Dave Anderson, City Manager
Catherine Engberg, Acting City Attorney
Crystal Morrow, City Clerk
John Cherbone, Public Works Director
Mary Furey, Finance and Administrative Services Director James Lindsey, Community Development Director
Michael Taylor, Recreation and Facilities Director
Monica LaBossiere, Human Resource Manager
Michael Fossati, Planner
Debbie Bretschneider, Executive Assistant to the City Manager/Deputy City Clerk
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Crystal Morrow reported that pursuant to Government Code 54954.2, the
agenda for the meeting was properly posted on December 2, 2011.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Members of Boy Scout Troop 535 announced that they would be holding an E-Waste
Collection on January 7, 2012 from 10:00 am to 5:00 pm at Saratoga Prospect Center.
Kathleen Casey addressed the Council and expressed concerns about the availability of
parking and the level of noise in the Village.
Annette Stransky from the Saratoga Historical Foundation summarized the Foundation’s
Joint Meeting with the Council, which included discussion on the Foundation’s
accomplishment.
Mayor Miller shared information presented by the Heritage Preservation Commission
during the joint meeting, including efforts to catalog historical assets in the City.
12
Scott Anderson, Saratoga Chamber of Commerce President, addressed the Council and thanked Mayor Miller for his leadership and support of the business community as
Mayor. Anderson thanked other members of the Council for their support of the business
community.
COUNCIL DIRECTION TO STAFF
None
ANNOUNCEMENTS
Council Member Lo announced an eReader event at Saratoga Library on December 10,
2011 from 10:00 a.m. to 12:00 p.m.
Mayor Miller shared that the City of Saratoga won the Silicon Valley Turkey Trot
Mayor’s Cup Challenge in the Small City Category.
CEREMONIAL ITEMS
1. City Council Reorganization
Recommended action: Appoint Mayor and Vice Mayor.
Mayor Miller introduced the item, welcomed current and former dignitaries in the
audience, and invited public comment on the item.
The following person requested to speak on this item:
Kathleen Casey
No one else requested to speak at this time.
Mayor Miller remarked on his term and reviewed some of the achievements and
challenges of the past year. He also thanked his wife, family, friends, employers,
fellow public officials, and City staff for their support during his term as mayor. Fellow Council Members thanked Mayor Miller for his leadership and hard work.
City Clerk Crystal Morrow announced that the Offices of Mayor and Vice Mayor
were vacant and opened nominations for Mayor. MILLER/CAPPELLO MOVED TO APPOINT COUNCIL MEMBER CHUCK
PAGE AS MAYOR FOR THE YEAR 2012. MOTION PASSED 5-0-0.
State Senator Joe Simitian administered the Oath of Office to Mayor Chuck Page.
Mayor Page thanked State Senator Joe Simitian for attending the City Council
Meeting and administering the Oath of Office, his fellow Council Members for
selecting him as Mayor, City staff, and his daughters for their support. He then
remarked on goals for his term as Mayor.
Mayor Page invited nominations for the Office of Vice Mayor.
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PAGE/CAPPELLO MOVED TO APPOINT JILL HUNTER AS THE VICE
MAYOR FOR THE YEAR 2012. MOTION PASSED 5-0-0.
State Senator Joe Simitian administered the Oath of Office to Vice Mayor Jill Hunter.
Mayor Page invited public comment on the item.
The following people requested to speak on this item:
Kathleen Casey
Lori Gaskin, West Valley College President
Curtis Wright, Former Monte Sereno City Council Member
Debra Cummins, Saratoga Chamber of Commerce
No one else requested to speak on this item.
Mayor Page called for a short recess and invited those in attendance to join the Council in the lobby for refreshments.
Mayor Page reconvened the meeting at 8:23 p.m.
CONSENT CALENDAR
2. City Council Regular and Special Meeting Minutes for November 16, 2011
Recommended action:
Approve minutes.
Vice Mayor Hunter removed this item from the consent calendar to request that the
City Clerk correct the minutes on page 20 to reflect that the Saratoga Historical
Foundation is seeking ways to generate revenues, not save money.
HUNTER/MILLER MOVED TO APPROVE THE MINUTES AS AMENDED.
MOTION PASSED 4-0-1 WITH MAYOR PAGE ABSTAINING.
3. Review of Accounts Payable Check Registers
Recommended action: That the City Council review and accept check registers for the following accounts
payable payment cycles:
November 9, 2011
November 15, 2011
November 22, 2011
HUNTER/MILLER MOVED TO ACCEPT THE CHECK REGISTERS FOR
THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES:
NOVEMBER 9, 2011, NOVEMBER 15, 2011, AND NOVEMBER 22, 2011.
MOTION PASSED 5-0-0.
4. Treasurer’s Report for the Month Ended October 31, 2011
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Recommended action: Review and accept the Treasurer’s Report for the month ended October 31, 2011.
HUNTER/MILLER MOVED TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED OCTOBER 31, 2011. MOTION PASSED 5-0-0.
5. Fiscal Year 2010/11 Comprehensive Annual Financial Report (CAFR)
Recommended action:
Review and accept the Fiscal Year 2010/11 Comprehensive Annual Financial Report
(CAFR).
Council Member Miller removed this item from the Consent Calendar to thank staff
for their efforts preparing the CAFR.
MILLER/CAPPELLO MOVED TO ACCEPT THE FISCAL YEAR 2010/11 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR). MOTION PASSED 5-0-0.
6. Development Impact Fee Report
Recommended action:
Staff recommends that the Council review and accept the annual AB1600 Development Impact Fee report for the year ended June 30, 2011.
Vice Mayor Hunter removed this item to ask staff for additional information about
developer fees.
HUNTER/CAPPELLO MOVED TO ACCEPT THE ANNUAL AB1600
DEVELOPMENT IMPACT FEE REPORT FOR THE YEAR ENDED JUNE
30, 2011. MOTION PASSED 5-0-0.
7. Records Management Program: Resolution Authorizing Final Disposition of Certain City Records
Recommended action:
Adopt Resolution Authorizing Final Disposition of Certain City Records.
HUNTER/MILLER MOVED TO ADOPT RESOLUTION AUTHORIZING
FINAL DISPOSITION OF CERTAIN CITY RECORDS. MOTION PASSED 5-
0-0.
8. Resolution to authorize tax deferral of member paid contributions to California Public Employee Retirement System under Internal Revenue Code Section 414(h) (2)
Recommended action: Adopt resolution authorizing tax deferral of member paid contributions to California
Public Employee Retirement System (CalPERS) under Internal Revenue Code
Section 414(h) (2). HUNTER/MILLER MOVED TO ADOPT RESOLUTION AUTHORIZING TAX
DEFERRAL OF MEMBER PAID CONTRIBUTIONS TO CALIFORNIA
PUBLIC EMPLOYEE RETIREMENT SYSTEM (CALPERS) UNDER INTERNAL REVENUE CODE SECTION 414(H) (2). MOTION PASSED 5-0-0.
9. Appointment of Library Commissioner
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Recommended action: Adopt the attached resolution appointing one (1) member to the Saratoga Library
Commission.
HUNTER/MILLER MOVED TO ADOPT RESOLUTION APPOINTING ONE MEMBER TO THE SARATOGA LIBRARY COMMISSION. MOTION PASSED 5-0-0.
NEW BUSINESS
10. 20330 Saratoga-Los Gatos Rd. (Villa Deodara) - Mills Act Agreement Recommended action: The Heritage Preservation Commission (HPC) recommends the City Council adopt
the attached Resolution and direct the City Manager to enter into a Mills Act
Agreement for the property located at 20330 Saratoga-Los Gatos Road.
Community Development Department Planner Michael Fossati presented the staff
report.
Mayor Page invited public comment.
No one requested to speak on this item.
HUNTER/LO MOVED TO ADOPT THE RESOLUTION APPROVING 20330
SARATOGA-LOS GATOS ROAD PARTICIPATION IN THE MILLS ACT
PROPERTY TAX ABATEMENT PROGRAM AND DIRECTED THE CITY MANAGER TO ENTER INTO A MILLS ACT AGREEMENT FOR THE PROPERTY LOCATED AT 20330 SARATOGA-LOS GATOS ROAD.
MOTION PASSED 5-0-0.
At this time, Mayor Page invited government studies students up on stage to be recognized.
11. Request for City Council Agency and Adhoc Assignments for 2012
Recommended action: Accept report and provide direction to staff.
Page introduced the item and asked fellow Council Members to submit suggested
changes to assignments and additions or removals to the list of agency and adhoc
committee assignments to him by 5:00 p.m. on December 13, 2011. ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page Council Finance Committee – the Finance Committee held a meeting on December 7, 2011.
West Valley Sanitation District – the West Valley Sanitation District is looking for a new
District Manager.
Page added that he attended a meeting with the Santa Clara County Local Agency Formation Commission (LAFCO) regarding the Garrod property annexation, the City’s
urban service area boundaries, and the Saratoga Fire District. LAFCO will be conducting
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an analysis on exact savings expected from consolidation of the Saratoga Fire District with Santa Clara County Fire Protection District.
Vice Mayor Jill Hunter
KSAR Community Access TV Board – the KSAR Board met with Redwood Middle
School and will be moving forward with plans to develop a partnership between the two organizations.
SASCC – The next SASCC Board meeting will be December 20, 2011. The Board will be
discussing SASCC’s finances.
Village AdHoc – The Village AdHoc approved a Village Façade Improvement Program
application to paint over existing Harmonie Day Spa signage on the awning at 14501 Big Basin Way.
Councilmember Emily Lo
Carlson House Restoration AdHoc – the West Valley College Board of Directors
authorized auction of the Carlson House.
Council Member Howard Miller
None
Councilmember Manny Cappello None
CITY COUNCIL ITEMS
None
CITY MANAGER’S REPORT None
ADJOURNMENT
CAPPELLO/MILLER MOVED TO ADJOURN THE MEETING AT 8:46 P.M. MOTION PASSED 5-0-0.
Respectfully submitted,
Crystal Morrow
City Clerk
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Dave Anderson
Mary Furey Mary Furey
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
That the City Council review and accept check registers for the following accounts payable payment cycles:
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check No.
12/01/11 119102 119154 53 583,234.53 12/01/11 11/22/11 119101
12/07/11 119155 119203 49 160,882.43 12/07/11 12/01/11 119154
Date Check No. Issued to Dept.Amount
12/01/11 119111 PS 29,438.62
12/01/11 119139 PS 327,272.84
12/01/11 119141 PW 135,603.87
12/01/11 119150 Legal 25,243.36
12/07/11 119172 PW 60,553.80
AP Date Check No.Description Amount
None
Issued to
Accounts Payable checks voided during this time period:
Law Enforcement Nov
CIP - Streets/Grants Saratoga Ave Overlay
Legal Services OctShute Mihaly General
CIP - Streets / Gas Tax Street Repair/Resurfacing
City of San Jose General Animal Service Sept/Oct
Duran & Venebles
Accounts Payable checks issued for $20,000 or greater:
Fund Purpose
Office of the Sheriff General
SARATOGA CITY COUNCIL
MEETING DATE:December 21, 2011 AGENDA ITEM:
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
PREPARED BY:
O'Grady Paving
Ending Check
No.
DEPT. DIRECTOR:
Prior Check Register
Accounts Payable
Accounts Payable
Checks
Released
December 1, 2011
December 7, 2011
Total Checks AmountType of Checks Date
Starting
Check No.
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Fund #12/01/11 12/07/11 Total
111 General 418,417.40 62,245.05 480,662.45
231 Village Lighting 802.08 802.08
232 Azule Lighting -
233 Sarahills Lighting -
241 Arroyo de Saratoga Landscape -
242 Bonnet Way Landscape -
243 Carnelian Glen 135.00 135.00
244 Cunningham/Glasgow Landscape -
245 Fredericksburg Landscape -
246 Greenbriar Landscape 109.14 109.14
247 Kerwin Ranch Landscape 1,580.40 1,580.40
248 Leutar Court Landscape -
249 Manor Drive Landscape -
251 McCartysville Landscape -
252 Prides Crossing Landscape 5,623.73 5,623.73
253 Saratoga Legends Landscape 165.64 165.64
255 Tricia Woods Landscape -
271 Beauchamps Landscape 414.33 529.69 944.02
272 Bellgrove Landscape -
273 Gateway Landscape -
274 Horseshoe Landscape/Lighting 594.52 594.52
275 Quito Lighting -
276 Tollgate LLD 34.52 34.52
277 Village Commercial Landscape 449.26 449.26
311 Library Bond Debt Service 345.60 345.60
411 CIP Street Projects 37,129.84 23,270.82 60,400.66
412 CIP Park & Trail Projects 6,691.27 5,120.91 11,812.18
413 CIP Facility Projects -
414 CIP Admin Projects 1,356.48 1,356.48
421 Tree Fund -
431 Grant Fund - CIP Streets 106,187.11 14,095.25 120,282.36
432 Grant Fund - Parks & Trails 1,778.00 2,288.26 4,066.26
481 Gas Tax Fund 1,048.83 45,003.80 46,052.63
611 Liability/Risk Mgt 69.43 69.43
612 Workers' Comp -
621 Office Support Services Fund 1,413.00 1,117.42 2,530.42
622 Information Technology 436.26 104.95 541.21
623 Vehicle & Equipment Maint 234.62 2,201.96 2,436.58
624 Building Maintenance 738.72 1,875.55 2,614.27
631 -
632 508.12 508.12
583,234.53 160,882.43 - - - 744,116.96
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made
available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library
each Monday in advance of the Council meeting.
TOTAL
Fund Description
Vehicle & Equipment Replacement
IT Equipment Replacement
Cash reductions by fund:
19
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27
MEETIN
DEPART
PREPAR
SUBJEC
RECOM
Review an
REPORT
California
the legisla
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the City T
Sectio
Clerk
file a
The follo
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the State T
FISCAL
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As of Nov
deposit w
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NG DATE:
TMENT:
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nd accept the
T SUMMARY
a government
ative body a w
l Code of the
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on 41004. R
k a written rep
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IMPACT
d Investments
vember 30, 2
with LAIF. Co
w purposes, to
o fall below $
eds the minim
SA
December 21
Finance & A
Ann Xu, Acc
rer’s Report
ACTION
Treasurer’s R
Y
t code section
written report
e City of Sara
Regularly, at l
port and accou
e legislative b
ments provide
specifically f
Office of Quar
s Balance by F
011, the City
ouncil Policy
avoid occurr
$2,000,000. T
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Total Unr
ARATOGA
1, 2011
Administrative
countant
for the Mont
Report for the
n 41004 requ
and accounti
atoga, Article
east once eac
unting of all
body.
e various fina
for the City’s
rterly LAIF ra
Fund
y had $776,28
on operating
rence of dry p
The total pool
uired.
ted Cash
Bank
ith LAIF
restricted Ca
Cas
A CITY C
e Services
th Ended No
e month ende
ires that the C
ing of all rece
e 2-20, Sectio
ch month, the
receipts, disb
ancial transac
General (Op
ates from the
82 in cash dep
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period financin
led cash balan
ash
sh Summary
OUNCIL
AGENDA
CITY M
DIRECT
ovember 30, 2
d November
City Treasure
eipts, disburse
on 2-20.035 d
e City Treasu
bursements, a
ction data for
perating) Fund
1st Quarter of
posit at Come
ds, adopted on
ng, pooled ca
nce as of Nov
77$
11,94$
12,722$
A ITEM:
MANAGER:
TOR: Mary F
2011
30, 2011.
er submit to t
ements, and f
designates th
urer shall subm
and fund balan
r the City of
d, including a
f 1977 to pres
erica bank, an
n April 20, 19
ash from all fu
vember 30, 20
76,282
46,225
2,507
Dave Ander
Furey
the City Cler
fund balances
e City Manag
mit to the Cit
nces. He sha
f Saratoga’s F
an attachment
sent.
nd $11,946,2
994, states tha
funds should n
011 is $12,72
rson
rk and
. The
ger as
ty
all
Funds
t from
225 on
at: for
not be
22,507
28
The Fund Balance schedule presented on the following page represents actual funding available for all
funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as
assets and liabilities are components of the fund balance. As illustrated in the summary below, Total
Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive
at the Ending Fund Balance – which represents the actual amount of funds available.
Fund Balances Designations
In February 2009, the Governmental Accounting Standards Board (GASB) issued Statement No. 54,
Fund Balance Reporting and Governmental Fund Type Definitions. This standard left unchanged the
total amount reported as fund balance, but substantially altered the categories and terminology used to
describe its components. The new categories and terminology focuses, not on financial resources
available for appropriation, but on the extent to which the government is bound to honor constraints on
the specific purpose for which the amounts in the fund can be spent.
The components of fund balance are now categorized as follows: “non-spendable fund balance”,
resources that are inherently non-spendable from the vantage point of the current period; “restricted fund
balance”, resources that are subject to external enforceable legal restrictions; “committed fund balance”,
resources whose use is constrained by limitations that the government imposes upon itself at its highest
level of decision making and remain binding unless removed in the same manner; “assigned fund
balance”, resources that reflects a government’s intended use of resources, such intent would have to be
established at either the highest level of decision making, by a body, or an official designated for that
purpose; and “unassigned fund balance”, net resources in excess of what can properly be classified in one
of the other four categories. Currently, the City’s fund balance reserves fall into one of the four spendable
categories; restricted, committed, assigned, or unassigned fund balance.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with Government Code Section 41004.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
Total Unrestricted Cash12,722,507$
Plus: Assets210,342
Less: Liabilities (1,802,217)
Ending Fund Balance11,130,632$
Adjusting Cash to Ending Fund Balance
29
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS
A – Change in Total Fund Balances by Fund under GASB 54
B – Change in Total Fund Balances by CIP Project
C – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
30
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
Fund Description
Fund
Balance
7/1/11
Increase/
(Decrease)
Jul-Oct
Current
Revenue
Current
Expenditure Transfers
Fund Balance
11/30/11
Restricted Fund Balances:
Environmental Services513,182 - - - - 513,182
Committed Fund Balances:
Hillside Stability500,000 - - - - 500,000
Assigned Fund Balances:
Capital Projects500,000 - (160,000) 340,000
Carryforwards326,900 - - - - 326,900
Unassigned Fund Balances:
Operations 2,903,522 - - - - 2,903,522
Economic Uncertainty 1,500,000 - - - - 1,500,000
Development Services632,380 - - - - 632,380
Uncollected Deposits44,791 - - - - 44,791
Other Unassigned563,290 (1,959,046) 1,309,544 1,460,557 (14,000) (1,560,770)
Subtotal 7,484,065 (1,959,046) 1,309,544 1,460,557 (174,000) 5,200,005
Special Revenue
Landscape/Lighting Districts504,125 (116,573) 23,604 34,911 - 376,245
CDBG Federal Grants- 7,087 - - - 7,087
Capital Project
Street Projects1,906,037 (17,818) 43,433 166,433 170,000 1,935,220
Park and Trail Projects959,923 (303,393) 8,655 27,594 - 637,592
Facility Improvement Projects942,051 (71,250) - 43,040 136,430 964,191
Administrative Projects147,329 (3,177) - 1,356 (1,430) 141,365
Tree Fund36,771 2,000 300 - - 39,071
CIP Grant Street Repair Projects(9,850) (230,809) 113,944 121,442 - (248,157)
CIP Grant Park & Trail Projects(40,302) (235,127) - 8,157 - (283,586)
CIP Grant Administrative Projects810 2,608 - - - 3,418
Gas Tax Fund532,645 224,495 144,217 23,190 (106,000) 772,167
Debt Service
Library Bond 850,657 (689,884) 695 346 - 161,123
Internal Service Fund
Liability/Risk Management134,905 (105,808) 566 6,342 - 23,321
Workers Compensation224,104 189 - 700 - 223,594
Office Stores Fund15,831 10,463 701 4,411 - 22,584
Information Technology Services 231,063 61,403 - 24,057 - 268,409
Equipment Maintenance42,817 33,766 - 10,170 - 66,413
Building Maintenance208,518 144,721 - 66,570 - 286,669
Equipment Replacement331,373 40,000 - - - 371,373
Technology Replacement185,567 2,943 - 981 (25,000) 162,530
Total City14,688,437 (3,203,209) 1,645,659 2,000,255 - 11,130,632
31
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Fund
Balance
7/1/11
Increase/
(Decrease)
Jul-Oct
Current
Revenue
Current
Expenditure Transfers
Fund
Balance
11/30/11
Street Projects
Traffic Safety129,793 (70,142) - - 50,000 109,651
Highway 9 Safety Project36,033 (3,067) - 7,712 90,000 115,254
Annual Street Resurfacing Project 453,149 114,135 43,433 13,232 (121,781) 475,704
Annual Sidewalks Project52,905 (2,500) - 63,630 50,000 36,775
Saratoga Sunnyvale Road Resurfacing99,011 - - - - 99,011
Traffic Signal @ Verde Vista Lane90,000 - - - - 90,000
Fourth Street Bridge100,000 - - - - 100,000
Quito Road Bridge Replacement Design6,581 (2,686) - 3,420 - 476
Quito Road Bridge Construction214,470 - - - - 214,470
Village Façade Program978 - - - 20,000 20,978
Solar Power Radar Feedback Signs24,158 - - - - 24,158
El Quito Area Curb Replacement37,553 - - - - 37,553
Annual Storm Drain Upgrades38,507 (18,073) - 81 50,000 70,353
Prospect Road Median537 (308) - - (537) (308)
Padero Erosion Mitigation12,963 - - - - 12,963
Monte Vista Storm Drain1,082 - - - (1,082) -
Canyon View/Elva Storm Drain35,000 (25,000) - - - 10,000
Village-Streetscape Improvements313,991 (8,730) - 78,357 - 226,904
Village-Phase II Construction256,800 (1,447) - - 33,400 288,753
Saratoga-Sunnyvale/Gateway Sidewalk2,525 - - - - 2,525
Total Street Projects1,906,037 (17,818) 43,433 166,433 170,000 1,935,220
Parks & Trails
Hakone Garden Koi Pond25 - - - (25) -
EL Quito Park Improvements10,999 (1,000) - 10,000 - -
Hakone Garden Retaining Wall & D/W137,379 - - - - 137,379
Hakone Garden Upper Moon House 375,000 - - - - 375,000
Park Restroom Improvements57,589 - - - - 57,589
Lower House ADA Ramp- (635) - 375 - (1,010)
Park/Trail Repairs17,681 - 8,655 1,575 25 24,787
Playground Safety Equipment39,064 (4,948) - 1,859 - 32,257
Blaney Plaza Improvements6,527 - - - - 6,527
Ravenswood Playground Improvement65,626 (44,685) - 13,785 - 7,157
Tank Trail Repair31 (31) - - - -
Mid Pen O/S Land Purchase250,000 (252,094) - - - (2,094)
Total Parks & Trails959,923 (303,393) 8,655 27,594 - 637,592
Facility Improvements
Facility Projects125,518 (5,553) - 17,782 66,665 168,847
Theater Improvement76,653 (12,454) - 2,295 (5,893) 56,011
North Campus Improvements120,446 (2,747) - - - 117,699
Corp Yard Solar Project85,337 - - - - 85,337
Vehicle Structure Solar125,000 (1,350) - - - 123,650
Library Improvements335,596 (32,343) - 7,566 - 295,687
SPCC Furniture & Fixtures4,065 - - - - 4,065
HVAC System Upgrade- (14,228) - 9,854 14,228 (9,854)
Museum HVAC Unit Replacements- - - 5,542 - (5,542)
City Hall Emergency Power Backup- (2,575) - - 61,430 58,855
Electric Charging Stations65,000 - - - - 65,000
McWilliams House Improvements4,435 - - - - 4,435
Total Facility Improvements942,051 (71,250) - 43,040 136,430 964,191
Administrative Projects
Financial System Upgrade3,534 - - - - 3,534
PW Document Imaging Project80,815 (1,885) - 1,356 10,000 87,573
CDD Document Imaging Project22,907 (786) - - - 22,121
CMO Document Imaging Project3,643 (506) - - - 3,137
IT Network Cabling Replacement- - - - 25,000 25,000
IT Emergency Power Back Up36,430 - - - (36,430) -
Total Administrative Projects147,329 (3,177) - 1,356 (1,430) 141,365
Tree Fund
Citywide Tree Planting Program12,147 (500) 300 - - 11,947
SMSCF Tree Donation Program- 2,500 - - - 2,500
Tree Dedication Program24,623 - - - - 24,623
Total Tree Fund36,771 2,000 300 - - 39,071
CIP Grant Street Repair Projects (9,850) (230,809) 113,944 121,442 - (248,157)
CIP Grant Park & Trail Projects (40,302) (235,127) - 8,157 - (283,586)
CIP Grant Administrative Projects 810 2,608 - - - 3,418
Gas Tax Fund 532,645 224,495 144,217 23,190 (106,000) 772,167
Total CIP Funds4,475,414 (632,471) 310,549 391,212 199,000 3,961,281
32
ATTACHMENT C
MarchJuneSe ptemberDecember
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38
Quarterly Apportionment Rates
Local Agency Investment Fund
33
SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM: ______
ORIGINATING DEPT: Public Works CITY MANAGER:
PREPARED BY: John Cherbone DEPT HEAD: John Cherbone
SUBJECT: Purchase of Village Pedestrian LED Lights
______________________________________________________________________________
RECOMMENDED ACTION(S):
1. Approve proposal from Electrical Distributors Co. in the amount of $143,438.77 for the
purchase of 95 LED fixtures and photo controls.
REPORT SUMMARY:
Background:
On June 4, 2010, the City entered into an agreement with the Sate of California for the use of
Federal Energy Efficiency and Conservation Block Grant funds. The City’s awarded share in this
program is $168,675.
Discussion:
The purchase of the LED lights is a perquisite to the installation of new light poles connected to
the Village Pedestrian Improvement Project. By the time the order is received for the LED lights
the contract for the light pole installation will be awarded.
Work is scheduled to begin as early as March.
FISCAL IMPACTS:
Funding for this work is programmed in the budget under Village LED Street Lights.
ALTERNATIVE ACTION(S):
None additional.
34
2 of 2
FOLLOW UP ACTION(S):
Purchase of the LED street lights will move forward.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was posted as a City Council agenda item and was included in the packet made
available on the City’s web site in advance of the meeting. A copy of the agenda packet is also
made available at the Saratoga Branch Library each Monday in advance of the Council meeting
and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us.
ATTACHMENTS:
1. LED Light Proposal
2. LED Light Specification Sheet
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SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Macedonio Nunez DIRECTOR: John Cherbone
Associate Engineer
SUBJECT: Saratoga Ave Overlay and Rehabilitation Project ESPL-5332(014) – Notice of
Completion.
RECOMMENDED ACTION:
Move to accept the Saratoga Ave and Overlay and Rehabilitation Project ESPL-5332(014) as complete
and authorize staff to record the Notice of Completion for the construction contract.
REPORT SUMMARY:
All work for the Saratoga Ave Overlay and Rehabilitation Project ESPL-5332(014) has been completed
by the City’s contractor, O’Grady Paving, Inc. and has been inspected by Public Work’s staff. The scope
of work includes furnishing all materials, equipment, and labor to perform asphalt overlay, perform dig
out rehabilitation work and re-stripe segments of Saratoga Ave. The original contract award amount was $701,767.50, with the approve change order authority in the amount of $50,000. The total approved budget is $751,765.50. The final contract amount of $735,026.74 is within the Council approved budget.
In order to close out the construction contract and begin the one-year maintenance/warranty period, it is
recommended that the Council accept the project as complete. Further, it is recommended that the
Council authorize staff to record the attached Notice of Completion for the construction contract so that
the requisite 30-day Stop Notice for the filing of claims by subcontractors or material providers may
commence.
FISCAL IMPACTS:
This project has been partially paid for through The American Recovery and Reinvestment Act of 2009
for the amount of $714,000 and the remaining balance of $21,026.74 was funded from the City’s Street
Maintenance Fund
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The project would not be accepted as complete and staff would notify the contractor of any additional
work required by the City Council before the project would be accepted as complete.
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ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Staff will record the Notice of Completion for the construction contracts and release the contract sureties and retentions thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was posted as a City Council agenda item and was included in the packet made available on the
City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the
Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to
the agenda on-line by opting in at www.saratoga.ca.us.
ATTACHMENTS:
1. Notice of Completion for the Saratoga Ave Overlay and Rehabilitation Project ESPL-5332(014).
39
Recording requested by,
And to be returned to:
City of Saratoga
Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned
below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale
Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor
mentioned below, on property of the Owner, was accepted as complete by the Owner on the 21st
day of December, 2011.
Contract Number: N/A
Contract Date: September 16th, 2009
Contractor’s Name: O’Grady Paving, Inc.
Contractor’s Address: 2513 Wyandotte Street, Mountain View, CA, 94043
Description of Work: Saratoga Ave Overlay and Rehabilitation Project ESPL-5332(014)
Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State
of California.
The undersigned certifies that he is an officer of the City of Saratoga, that he has read the
foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same
is true of his own knowledge, except as to those matters which are therein stated on the
information or belief, as to those matters the he believes to be true.
I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of
Saratoga, County of Santa Clara, State of California on___________________, 2011.
CITY OF SARATOGA
BY:____________________________ ATTEST:____________________________
Dave Anderson Crystal Morrow, City Clerk
City Manager Gov. Code 40814
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SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone
Senior Engineer
SUBJECT: Highway 9 Safety Improvement Project Phase III, Austin Way – Award of
Construction Contract.
RECOMMENDED ACTION:
1. Move to declare Granite Rock Company DBA, Pavex Construction Division of San Jose to be the
lowest responsible bidder on the project.
2. Move to award a construction contract to Granite Rock Company DBA, Pavex Construction Division
in the amount of $313,880.00
3. Move to authorize staff to execute change orders to the contract up to $32,000.
REPORT SUMMARY: Pursuant to the Clean Air and Transportation Improvement Act of 1990 (CATIA) approved by voters as Proposition 116, Public Works staff applied for a grant to improve bicycle safety along Highway 9
(Saratoga-Los Gatos Road). The City has been awarded this grant in the amount of 460,851.
This project became known as Phase III of the Highway 9 Safety Improvement Masterplan – a
multijurisdictional project to improve bicycle and pedestrian safety along Highway 9 between Saratoga
Village and Los Gatos Boulevard.
The scope of improvements in Phase III includes realigning Austin Way intersection to increase safety,
installation of a raised median on Highway 9, upgrade of signalized intersections on Highway 9 to
include bicycle sensors, and design of a new bicycle lane at Los Gatos Boulevard requiring a low
retaining wall.
Sealed bids for Highway 9 Safety Improvement Project Phase III were opened on Tuesday, December
13th. A total of eight contractors submitted bids. Granite Rock Company DBA, Pavex Construction
Division of San Jose submitted the lowest responsible bid of $313,880. Bid amounts were very
competitive ranging from $313,880 to $408,010. Staff has carefully checked the bid along with the listed
references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated
November 28th, 2011.
It is therefore recommended the Council declare Granite Rock Company DBA, Pavex Construction
Division to be the lowest responsible bidder and award the construction contract to this company.
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Further, it is recommended that the Council authorize staff to execute change orders to the contract up to
an amount of $32,000 to cover any unforeseen circumstances and address additional work, which may
arise during the course of the project.
FISCAL IMPACTS: The Proposition 116 grant will cover the cost of construction cost. The grant also funded 5% of the project engineering design cost. Remaining design costs were shared by local agencies including the cities of Saratoga and Monte Sereno, Town of Los Gatos, Santa Clara County and VTA.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Granite Rock Company DBA, Pavex Construction Division will not be declared the lowest responsible
bidder and a construction contract will not be awarded to that firm. The Council may make specific
findings to declare another bidder to be the lowest responsible bidder.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin
early next year and will be complete in six months.
ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to
the agenda on-line by opting in at www.saratoga.ca.us.
ATTACHMENTS: 1. Bid Summary
2. Construction Contract
3. Improvement Plans
42
Highway 9 Phase III Construction
Bids Opened 12/14/2011 at 10:00 am
Item Description Unit Unit Price Quantity Amount Quantity Amount Unit Price Quantity Amount Quantity Amount
1 Mobilization LS $4,000 1 $4,000 1 $4,000 $11,000 1 $6,000 1 $5,000
2 Clearing, Grubbing, Trimming, and Sweeping LS $2,500 1 $2,500 1 $2,500 $4,000 1 $3,000 1 $1,000
3 Traffic Handling LS $16,000 1 $16,000 1 $16,000 $20,000 1 $5,000 1 $15,000
4 Prepare WPCP LS $250 1 $250 1 $250 $2,000 1 $1,000 1 $1,000
5 Water Pollution Control LS $1,500 1 $1,500 1 $1,500 $2,000 1 $1,000 1 $1,000
6 Roadway Excavation CY $50 45 $2,250 350 $17,500 $60 45 $2,700 350 $21,000
7 Remove Concrete Sidewalk and Curb Ramp SF $1 0 $0 200 $200 $20 0 $0 200 $4,000
8 Remove Base and Surfacing CY $55 75 $4,125 0 $0 $50 75 $3,750 0 $0
9 Remove Concrete Curb LF $3 165 $495 200 $600 $10 165 $1,650 200 $2,000
10 Asphalt Concrete TON $175 60 $10,500 110 $19,250 $200 60 $12,000 110 $22,000
11 Concrete Curb and Gutter LF $50 0 $0 230 $11,500 $35 0 $0 230 $8,050
12 Concrete Curb (Type A1-6)LF $28 260 $7,280 0 $0 $20 260 $5,200 0 $0
13 Concrete Curb (Type A3-6)LF $24 70 $1,680 0 $0 $25 70 $1,750 0 $0
14 Concrete Curb (Type B3-6)LF $24 70 $1,680 0 $0 $25 70 $1,750 0 $0
15 AC Dike LF $17 0 $0 190 $3,230 $20 0 $0 190 $3,800
16 Concrete Sidewalk SF $13 0 $0 180 $2,340 $9 0 $0 180 $1,620
17 Curb Ramp EA $1,700 0 $0 1 $1,700 $1,400 0 $0 1 $1,400
18 Cobblestone Median SF $19 60 $1,140 0 $0 $20 60 $1,200 0 $0
19 Concrete Median SF $26 55 $1,430 0 $0 $25 55 $1,375 0 $0
20 Adjust SSMH to Grade EA $750 1 $750 0 $0 $1,000 1 $1,000 0 $0
21 Signing and Striping LS $7,500 1 $7,500 1 $7,500 $15,000 1 $10,000 1 $5,000
22 Traffic Signal Modification (Fruitvale Ave-Loc. 1)LS $17,700 1 $17,700 0 $0 $18,000 1 $18,000 0 $0
23 Traffic Signal Modification (Quito Rd-Loc. 2)LS $8,100 1 $8,100 0 $0 $9,000 1 $9,000 0 $0
24 Traffic Signal Modification (Santa Cruz Ave-Loc. 3)LS $15,500 1 $15,500 0 $0 $16,000 1 $16,000 0 $0
25 Traffic Signal Modification (Alberto Wy-Loc. 4) (Town)LS $26,000 0 $0 1 $26,000 $26,000 0 $0 1 $26,000
26 Traffic Signal Modification (Los Gatos Blvd-Loc. 5)
(Town)LS $13,400 0 $0 1 $13,400 $14,000 0 $0 1 $14,000
27 Street Light (Austin Way-Loc. 6)LS $12,700 1 $12,700 0 $0 $13,000 1 $13,000 0 $0
28 Flashing Solar Warning Sign LS $12,800 1 $12,800 0 $0 $13,000 1 $13,000 0 $0
29 Landscaping LS $44,890 1 $44,890 0 $0 $45,000 1 $45,000 0 $0
30 Keystone Retaining Wall SF $24 0 $0 360 $8,640 $30 0 $0 360 $10,800
31 Miscellaneous LS $1,500 1 $1,500 1 $1,500 $2,000 1 $1,000 1 $1,000
Subtotal $176,270 Subtotal $137,610 Subtotal $173,375 Subtotal $143,670
PAVEX CONSTRUCTION (GRANITE ROCK)O'GRADY PAVING
Austin Way/Other Locations Los Gatos Blvd/Other
Locations
Total
Base Bid $317,045$313,880
Bid Summary Los Gatos Blvd/Other
Locations
Total
Base Bid
Austin Way/Other
Locations
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Highway 9 Phase III Construction
Bids Opened 12/14/2011 at 10:00 am
Item Description Unit
1 Mobilization LS
2 Clearing, Grubbing, Trimming, and Sweeping LS
3 Traffic Handling LS
4 Prepare WPCP LS
5 Water Pollution Control LS
6 Roadway Excavation CY
7 Remove Concrete Sidewalk and Curb Ramp SF
8 Remove Base and Surfacing CY
9 Remove Concrete Curb LF
10 Asphalt Concrete TON
11 Concrete Curb and Gutter LF
12 Concrete Curb (Type A1-6)LF
13 Concrete Curb (Type A3-6)LF
14 Concrete Curb (Type B3-6)LF
15 AC Dike LF
16 Concrete Sidewalk SF
17 Curb Ramp EA
18 Cobblestone Median SF
19 Concrete Median SF
20 Adjust SSMH to Grade EA
21 Signing and Striping LS
22 Traffic Signal Modification (Fruitvale Ave-Loc. 1)LS
23 Traffic Signal Modification (Quito Rd-Loc. 2)LS
24 Traffic Signal Modification (Santa Cruz Ave-Loc. 3)LS
25 Traffic Signal Modification (Alberto Wy-Loc. 4) (Town)LS
26 Traffic Signal Modification (Los Gatos Blvd-Loc. 5)
(Town)LS
27 Street Light (Austin Way-Loc. 6)LS
28 Flashing Solar Warning Sign LS
29 Landscaping LS
30 Keystone Retaining Wall SF
31 Miscellaneous LS
Bid Summary
Unit Price Quantity Amount Quantity Amount Unit Price Quantity Amount Quantity Amount
1 $2,900 1 $1,500 1 $11,000 1 $11,000
1 $13,000 1 $6,000 $4,000 1 $4,000 1 $4,000
1 $9,000 1 $9,000 $4,000 1 $4,000 1 $4,000
1 $1,000 1 $1,000 $300 1 $300 1 $300
1 $4,000 1 $1,750 $800 1 $800 1 $800
$50 45 $2,250 350 $17,500 $90 45 $4,050 350 $31,500
$6 0 $0 200 $1,200 $3 0 $0 200 $600
$50 75 $3,750 0 $0 $90 75 $6,750 0 $0
$9 165 $1,485 200 $1,800 $13 165 $2,145 200 $2,600
$170 60 $10,200 110 $18,700 $173 60 $10,380 110 $19,030
$24 0 $0 230 $5,520 $33 0 $0 230 $7,590
$19 260 $4,940 0 $0 $25 260 $6,500 0 $0
$21 70 $1,470 0 $0 $19 70 $1,330 0 $0
$21 70 $1,470 0 $0 $19 70 $1,330 0 $0
$20 0 $0 190 $3,800 $19 0 $0 190 $3,610
$15 0 $0 180 $2,700 $7 0 $0 180 $1,260
0 $0 1 $1,800 $1,400 0 $0 1 $1,400
$51 60 $3,060 0 $0 $17 60 $1,020 0 $0
$30 55 $1,650 0 $0 $10 55 $550 0 $0
$2,625 1 $2,625 0 $0 $400 1 $400 0 $0
$20,630 1 $20,630 1 $8,200 $11,250 1 $11,250 1 $11,250
$20,660 1 $20,660 0 $0 $15,600 1 $15,600 0 $0
$9,500 1 $9,500 0 $0 $7,400 1 $7,400 0 $0
$18,000 1 $18,000 0 $0 $14,800 1 $14,800 0 $0
0 $0 1 $30,300 $29,100 0 $0 1 $29,100
0 $0 1 $14,800 $20,400 0 $0 1 $20,400
$8,755 1 $8,755 0 $0 $12,700 1 $12,700 0 $0
$17,500 1 $17,500 0 $0 $15,600 1 $15,600 0 $0
$62,400 1 $62,400 0 $0 $29,850 1 $29,850 0 $0
$30 0 $0 360 $10,800 $40 0 $0 360 $14,400
1 $0 1 $0 $25,000 1 $25,000 1 $25,000
Subtotal $220,245 Subtotal $136,370 Subtotal $186,755 Subtotal $187,840
GUERRA CONSTRUCTION GOLDEN BAY CONSTRUCTION
Austin Way/Other Locations Los Gatos Blvd/Other
Locations
Total
Base Bid $374,595
Austin Way/Other Locations Los Gatos Blvd/Other
Locations
Total
Base Bid $356,615
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Highway 9 Phase III Construction
Bids Opened 12/14/2011 at 10:00 am
Item Description Unit
1 Mobilization LS
2 Clearing, Grubbing, Trimming, and Sweeping LS
3 Traffic Handling LS
4 Prepare WPCP LS
5 Water Pollution Control LS
6 Roadway Excavation CY
7 Remove Concrete Sidewalk and Curb Ramp SF
8 Remove Base and Surfacing CY
9 Remove Concrete Curb LF
10 Asphalt Concrete TON
11 Concrete Curb and Gutter LF
12 Concrete Curb (Type A1-6)LF
13 Concrete Curb (Type A3-6)LF
14 Concrete Curb (Type B3-6)LF
15 AC Dike LF
16 Concrete Sidewalk SF
17 Curb Ramp EA
18 Cobblestone Median SF
19 Concrete Median SF
20 Adjust SSMH to Grade EA
21 Signing and Striping LS
22 Traffic Signal Modification (Fruitvale Ave-Loc. 1)LS
23 Traffic Signal Modification (Quito Rd-Loc. 2)LS
24 Traffic Signal Modification (Santa Cruz Ave-Loc. 3)LS
25 Traffic Signal Modification (Alberto Wy-Loc. 4) (Town)LS
26 Traffic Signal Modification (Los Gatos Blvd-Loc. 5)
(Town)LS
27 Street Light (Austin Way-Loc. 6)LS
28 Flashing Solar Warning Sign LS
29 Landscaping LS
30 Keystone Retaining Wall SF
31 Miscellaneous LS
Bid Summary
Unit Price Quantity Amount Quantity Amount Unit Price Quantity Amount Quantity Amount
12,000.00 1 $6,000 1 $600 $5,000.00 1 $5,000.00 1 $5,000.00
4,200.00 1 $2,100 1 $2,100 1 $8,500.00 1 $13,000.00
2,000.00 1 $1,000 1 $1,000 $10,000.00 1 $10,000.00 1 $10,000.00
1,000.00 1 $500 1 $500 $3,750.00 1 $3,750.00 1 $3,750.00
1,000.00 1 $500 1 $500 $3,750.00 1 $3,750.00 1 $3,750.00
25.00 45 $1,125 350 $8,750 $72.00 45 $3,240.00 350 $25,200.00
1.50 0 200 $300 $37.00 0 $0.00 200 $7,400.00
98.00 75 $7,350 0 $0 $45.00 75 $3,375.00 0 $0.00
5.50 165 $907.50 200 $1,100 $25.00 165 $4,125.00 200 $5,000.00
610.00 60 $36,600 110 $67,100 $210.00 60 $12,600.00 110 $23,100.00
28.00 0 $0 230 $6,440 $33.91 0 $0.00 230 $7,799.30
28.00 260 $7,280 0 $0 $32.11 260 $8,348.60 0 $0.00
28.00 70 $1,960 0 $0 $26.00 70 $1,820.00 0 $0.00
22.00 70 $1,540 0 $0 $26.61 70 $1,862.70 0 $0.00
15.00 0 $0 190 $2,850 $30.00 0 $0.00 190 $5,700.00
10.00 0 $0 180 $1,800 $12.33 0 $0.00 180 $2,219.40
3,300.00 0 $0 1 $3,300 $3,080.00 0 $0.00 1 $3,080.00
30.00 60 $1,800 0 $0 $25.62 60 $1,537.20 0 $0.00
30.00 55 $1,650 0 $0 $12.07 55 $663.85 0 $0.00
350.00 1 $350 0 $0 $500.00 1 $500.00 0 $0.00
25,000.00 1 $12,500 1 $12,500 1 $14,695.00 1 $8,027.00
15,600.00 1 $15,600 0 $0 $20,355.00 1 $20,355.00 0 $0.00
7,400.00 1 $7,400 0 $0 $9,315.00 1 $9,315.00 0 $0.00
14,800.00 1 $14,800 0 $0 $17,825.00 1 $17,825.00 0 $0.00
29,100.00 0 $0 1 $29,100 $29,900.00 0 $0.00 1 $29,900.00
20,400.00 0 $0 1 $20,400 $15,410.00 0 $0.00 1 $15,410.00
12,700.00 1 $12,700 0 $0 $14,605.00 1 $14,605.00 0 $0.00
15,600.00 1 $15,600 0 $0 $14,720.00 1 $14,720.00 0 $0.00
42,000.00 1 $42,000 0 $0 $51,624.00 1 $51,624.00 0 $0.00
72.00 0 $0 360 $25,920 $32.30 0 $0.00 360 $11,628.00
900.00 1 $450 1 $450 $2,500.00 1 $2,500.00 1 $2,500.00
Subtotal $191,713 Subtotal $184,710 Subtotal $212,211 Subtotal $182,464
GRANITE CONSTRUCTION GALEDRIGE CONSTRUCTION
Austin Way/Other
Locations
Los Gatos Blvd/Other
Locations
Total
Base $394,675
Austin Way/Other Locations Los Gatos Blvd/Other
Locations
Total
Base Bid $376,423
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Highway 9 Phase III Construction
Bids Opened 12/14/2011 at 10:00 am
Item Description Unit
1 Mobilization LS
2 Clearing, Grubbing, Trimming, and Sweeping LS
3 Traffic Handling LS
4 Prepare WPCP LS
5 Water Pollution Control LS
6 Roadway Excavation CY
7 Remove Concrete Sidewalk and Curb Ramp SF
8 Remove Base and Surfacing CY
9 Remove Concrete Curb LF
10 Asphalt Concrete TON
11 Concrete Curb and Gutter LF
12 Concrete Curb (Type A1-6)LF
13 Concrete Curb (Type A3-6)LF
14 Concrete Curb (Type B3-6)LF
15 AC Dike LF
16 Concrete Sidewalk SF
17 Curb Ramp EA
18 Cobblestone Median SF
19 Concrete Median SF
20 Adjust SSMH to Grade EA
21 Signing and Striping LS
22 Traffic Signal Modification (Fruitvale Ave-Loc. 1)LS
23 Traffic Signal Modification (Quito Rd-Loc. 2)LS
24 Traffic Signal Modification (Santa Cruz Ave-Loc. 3)LS
25 Traffic Signal Modification (Alberto Wy-Loc. 4) (Town)LS
26 Traffic Signal Modification (Los Gatos Blvd-Loc. 5)
(Town)LS
27 Street Light (Austin Way-Loc. 6)LS
28 Flashing Solar Warning Sign LS
29 Landscaping LS
30 Keystone Retaining Wall SF
31 Miscellaneous LS
Bid Summary
Unit Price Quantity Amount Quantity Amount Unit Price Quantity Amount Quantity Amount
$14,500 1 $14,500 1 $14,500 $10,000 1 $10,000 1 $10,000
$18,200 1 $18,200 1 $18,200 $6,500 1 $6,500 1 $6,500
$10,100 1 $10,100 1 $10,100 $10,000 1 $10,000 1 $10,000
$500 1 $500 1 $500 $1,000 1 $1,000 1 $1,000
$500 1 $500 1 $500 $1,500 1 $1,500 1 $1,500
$90 45 $4,050 350 $31,500 $50 45 $2,250 350 $17,500
$10 0 $0 200 $2,000 $4 0 $0 200 $800
$110 75 $8,250 0 $0 $40 75 $3,000 0 $0
$11 165 $1,815 200 $2,200 $4 165 $660 200 $800
$153 60 $9,180 110 $16,830 $160 60 $9,600 110 $17,600
$33 0 $0 230 $7,590 $30 0 $0 230 $6,900
$26 260 $6,760 0 $0 $30 260 $7,800 0 $0
$10 70 $700 0 $0 $30 70 $2,100 0 $0
$10 70 $700 0 $0 $30 70 $2,100 0 $0
$25 0 $0 190 $4,750 $40 0 $0 190 $7,600
$13 0 $0 180 $2,340 $15 0 $0 180 $2,700
$1,700 0 $0 1 $1,700 $3,000 0 $0 1 $3,000
$45 60 $2,700 0 $0 $70 60 $4,200 0 $0
$44 55 $2,420 0 $0 $30 55 $1,650 0 $0
$700 1 $700 0 $0 $1,000 1 $1,000 0 $0
$12,600 1 $12,600 1 $12,600 $15,000 1 $15,000 1 $15,000
$21,500 1 $21,500 0 $0 $35,000 1 $35,000 0 $0
$3,500 1 $3,500 0 $0 $12,500 1 $12,500 0 $0
$13,200 1 $13,200 0 $0 $22,500 1 $22,500 0 $0
$25,500 0 $0 1 $25,500 $44,950 0 $0 1 $44,950
$28,500 0 $0 1 $28,500 $22,800 0 $0 1 $22,800
$4,100 1 $4,100 0 $0 $10,500 1 $10,500 0 $0
$14,200 1 $14,200 0 $0 $16,500 1 $16,500 0 $0
$41,500 1 $41,500 0 $0 $35,000 1 $35,000 0 $0
$78 0 $0 360 $28,080 $50 0 $0 360 $18,000
$200 1 $200 1 $200 $5,500 1 $5,500 1 $5,500
Subtotal $191,875 Subtotal $207,590 Subtotal $215,860 Subtotal $192,150
REDGWICK CONSTRUCTON PRISM ENGINEERING
Austin Way/Other Locations Los Gatos Blvd/Other
Locations
Total
Base Bid $408,010
Austin Way/Other
Locations
Los Gatos Blvd/Other
Locations
Total
Base $399,465
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162
³³
³
PLANT LIST
PP-1
PLANT LIST AND PLANTING SPECIFICATIONS
163
Ph
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3
PLANTING PLAN
PP-2
164
Co
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165
Co
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D
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24"
1/2"
RADIUS
2% SLOPE
4"
3"
#4 REBAR
6"
1" RADIUS
1"6"
1" RADIUS
1.
5
"
3"
12"6"
NOTES:
1. ALL RADII LESS THAN 100' SHALL USE FLEXIBLE WOOD OR METAL FORMS TO
ELIMINATE ANGULAR POINTS AT 10' SECTION POINTS.
2. 2" WEEP HOLES TO BE PLACED ON EACH SIDE OF DRIVEWAY SECTION & AT MAX. 60'
C/C IN CUT SECTIONS WHERE SIDEWALK DRAIN NOT REQUIRED BY TOWN ENGINEER.
3. 3/4" EXPANSION JOINTS TO BE PLACED AT DRIVEWAY SECTIONS, CURB RETURNS,
CURB RAMPS & COLD JOINTS OR A MAX. OF 30' C/C. EXPANSION JOINTS SHALL
PROTRUDE 1" BELOW THE BOTTOM OF GUTTER.
4. THRU JOINTS SHALL BE PLACED ADJACENT TO CATCH BASINS, INLETS AT POINTS OF
TANGENCY ON STREETS, AND AT ALLEY AND DRIVEWAY RETURNS. MAXIMUM
SPACING SHALL BE 30' PRE-MOLDED JOINT FILLER, SHALL BE 1/2" WIDE AND CONFORM
TO AASHTO DESIGN M213. DUMMY JOINTS SHALL BE PLACED EVERY 10'.
5. PORTLAND CEMENT CONCRETE SHALL BE CLASS A WITH 5% TO 6% AIR-ENTRAINMENT.
6. FINISHED WORK SHALL NOT VARY MORE THAN 1/8" IN GRADE AND 1/4" IN ALIGNMENT.
7. THE FINISHED CURB SHALL IMMEDIATELY BE SPRAYED WITH A TRANSPARENT CURING
COMPOUND. CURB SHALL BE COVERED BY WATERPROOF PAPER OR PLASTIC
MEMBRANE IN THE EVENT OF RAIN OR OTHER UNSUITABLE WEATHER. CURING TIME
SHALL BE A MINIMUM OF 72 HOURS.
8. EXPOSED SURFACES SHALL BE A LIGHT BROOM FINISH.
9. ALL CURB AND GUTTER SHALL BE PLACED ON A MIN. OF 4" AGGREGATE BASE CLASS II
95% MAX. COMPACTION ASTM D1557.
10. #4 REBAR SHALL BE EXTENDED ALONG LENGTH OF THE CURB AND GUTTER.
11. FOR CONCRETE SIDEWALK DETAILS, SEE ARCHITECTURAL SITE CONSTRUCTION
DETAIL SHEETS.
12
"
-
1
4
"
(V
A
R
I
E
S
)
CLASS II
AGGREGATE BASE
6"-8" (VARIES)(SEE NOTES 12 & 13)
12. UNLESS OTHERWISE NOTED ON THE PLANS, CURB SHALL BE 6" FROM FL TO TC.
13. FOR CURB TRANSITION DETAIL, SEE DETAIL 2 THIS SHEET.
(S
E
E
NO
T
E
1
4
)
14. GUTTER PAN SLOPE SHALL NOT EXCEED 5% SLOPE AT PEDESTRIAN CURB RAMP ENTRY
LOCATIONS. CONTRACTOR SHALL USE 1.2" (MAX) BETWEEN LIP OF GUTTER AND
FLOWLINE AT THESE LOCATIONS.
1. SIDEWALKS SHALL BE A MINIMUM OF 4" THICK, AND SHALL BE CLASS A PORTLAND CEMENT CONCRETE, WITH AIR
ENTRAINMENT (MIN. 5%, MAX. 6%).
2. FULL EXPANSION JOINTS SHALL BE PLACED TO MATCH THOSE PLACED IN ADJACENT CURB &GUTTER, WITH
MAXIMUM SPACING OF 30 FEET.
3. SUBGRADE SHALL HAVE 95% MAXIMUM COMPACTION ASTM D1557.
4. SIDEWALK SHALL BE AT LEAST 6" THICK BEHIND RESIDENTIAL DRIVEWAYS AND BEHIND ROLL-CURB AND 8" THICK
BEHIND COMMERCIAL DRIVEWAYS.
5. THE FINISHED SIDEWALK SHALL BE SPRAYED WITH A TRANSPARENT CURING COMPOUND COVERED BY
WATERPROOF PAPER OR PLASTIC SHEETING IN THE EVENT OF RAIN OR OTHER INCLEMENT WEATHER. CURING
TIME SHALL BE FOR A MINIMUM OF 72 HOURS.
6. ALL JOINTS SHALL BE CLEANED AND EDGED WITH AN EDGER HAVING A 1/4" RADIUS.
7. THE WIDTH OF SIDEWALKS DIRECTLY BEHIND CURB WITHOUT PLANTER SHALL BE A MIN. OF 4.5' FROM BACK OF CURB.
TYPICAL SECTION
TOOLED SCORE JOINT
NOTES:
SEECONCRETE CURB AND GUTTER
EXPANSION JOINT EVERY 30' MAX.
A
SEE NOTE 1
A
A
PLAN VIEWS
2%
VARIE
S
4" AGGREGATE BASE
COMPACTION ASTM D1557CLASS II, 95% MAX.
VARIES
CIVIL PLANS
CONCRETE CURB AND GUTTER
USE #3 BAR @12". 24" LONG AT THIS LOCATION IN LIEU
OF REINFORCEMENT DETAILED IN LOS GATOS STD PLAN 210
USE #4 BAR AT THIS LOCATION AS DETAILED IN
4" PVC DRAIN
Ph
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24"
1" - 1 1/4"
8"
TOWN OF LOS GATOS STD PLAN No. 210
166
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168
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Macedonio Nunez DIRECTOR: John Cherbone
Associate Engineer
SUBJECT: Award of Design Contract for the Village Pedestrian Enhancement Phase 2 Project
RECOMMENDED ACTION:
1. Move to award a professional services contract with Gates and Associates for Design Services
in the amount of $179,943 connected to the Village Pedestrian Enhancement Phase 2 Project
and authorize the City Manager to execute the same.
2. Move to authorize staff to execute change orders to the contract up to $18,000.
REPORT SUMMARY:
The design services for this project will mainly focus on the Village Pedestrian Enhancement
Phase 2 Project where the City was awarded a $1,161,000 grant to improve the pedestrian
crossings in the Village. Of this total grant amount $134,000 is programmed to be used for
design services and the remaining $1,027,000 for construction once the City is ready for that
phase. Gates and Associates is the same design consultant that designed the initial Village
Pedestrian Enhancement Project.
On October 26 a public meeting was held to discuss the Phase 2 priority areas and the wish list
for additional improvements (Attachment 1Power Point Saratoga Village10-26-11). As a result
of the public meeting Gates and Associates developed a proposal as illustrated in the Attachment
2 Village Pedestrian Enhancement Phase 2 Design Contract (in Exhibit A Scope of Work).
Attachment 3 Key Map also illustrates the highlighted final locations as part of the Phase 2
design.
If items in the wish list, such as the arch over Big Basin Way don’t move forward, the design
cost for those items will be eliminated as well.
It therefore recommended that City Council award a professional services contract with Gates and
Associates for Design Services in the amount of $179,943 and authorize the City Manager to
execute the same
169
Page 2 of 2
FISCAL IMPACTS:
The grant will reimburse $134,000 of the consulting services and the remaining $45,943 will
funded from the Village CIP budget. The recommended change order amount of $18,000 will be
also funded from the same budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Gates and Associates would not be awarded a professional services contract and the design work
for the Village Pedestrian Enhancement Phase 2 Project would not move forward.
ALTERNATIVE ACTION:
The Council could direct staff to solicit additional proposals
FOLLOW UP ACTION:
The contract will be executed and the consultant will be issued a Notice to Proceed. Work will
begin as soon as possible.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A second Public Meeting and subsequent approval by City Council will occur after the Holidays.
This item was posted as a City Council agenda item and was included in the packet made
available on the City’s web site in advance of the meeting. A copy of the agenda packet is also
made available at the Saratoga Branch Library each Monday in advance of the Council meeting
and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us.
ATTACHMENTS:
1. Power Point Saratoga Village 10-26-11
2. Village Pedestrian Enhancement Phase 2 Design Contract
3. Key Map
170
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1
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
CITY OF SARATOGA
STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made at Saratoga, California by and between the CITY
OF SARATOGA, a municipal corporation ("City"), and Gates & Associates,
"Contractor"), who agree as follows:
RECITALS
WHEREAS, City requires the services of a qualified contractor to provide the
work product described in Exhibit A of this Agreement; and
WHEREAS, City lacks the qualified personnel to provide the specified work
product; and
WHEREAS, Contractor is duly qualified to provide the required work
product; and
WHEREAS, Contractor is agreeable to providing such work product on the
terms and conditions hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
1. RESULTS TO BE ACHIEVED Subject to the terms and conditions
set forth in this Agreement, Contractor shall provide to City the work
product described in Exhibit A ("Scope of Work"). Contractor is not
authorized to undertake any efforts or incur any costs whatsoever under the
terms of this Agreement until receipt of a fully executed Purchase Order
from the Finance Department of the City of Saratoga.
2. TERM The term of this Agreement commences on December
22, 2011 and extends through May 22, 2012 or the completion of the
project, whichever occurs first, unless it is extended by written mutual
agreement between the parties, provided that the parties retain the right to
terminate this Agreement as provided in Exhibit D at all times.
3. PAYMENT City shall pay Contractor for work product produced
pursuant to this Agreement at the time and in the manner set forth in
Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only
payments to be made to Contractor in connection with Contractor’s
completion of the Scope of Work pursuant to this Agreement. Contractor
City of Saratoga Independent Contractor Agreement Page 1
192
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
shall submit all billings to City in the manner specified in Exhibit B; or, if no
manner is specified in Exhibit B, then according to the usual and customary
procedures and practices which Contractor uses for billing clients similar to
City.
4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C
("Facilities and Equipment"), Contractor shall, at its sole cost and expense,
furnish all facilities and equipment, which may be required for completing
the Scope of Work pursuant to this Agreement. City shall furnish to
Contractor only the facilities and equipment listed in Exhibit C according to
the terms and conditions set forth in Exhibit C.
5. GENERAL PROVISIONS City and Contractor agree to and shall
abide by the general provisions set forth in Exhibit D ("General Provisions").
In the event of any inconsistency between said general provisions and any
other terms or conditions of this Agreement, the other term or condition
shall control insofar as it is inconsistent with the General Provisions.
6. EXHIBITS All exhibits referred to in this Agreement are attached
hereto and are by this reference incorporated herein and made a part of this
Agreement.
7. CONTRACT ADMINISTRATION This Agreement shall be
administered on behalf of City by Dave Anderson ("Administrator"). The
Administrator has complete authority to receive information, interpret and
define City's policies consistent with this Agreement, and communicate with
Contractor concerning this Agreement. All correspondence and other
communications shall be directed to or through the Administrator or his or
her designee.
8. NOTICES All notices or communication concerning a party's
compliance with the terms of this Agreement shall be in writing and may be
given either personally, by certified mail, return receipt requested, or by
overnight express carrier. The notice shall be deemed to have been given
and received on the date delivered in person or the date upon which the
postal authority or overnight express carrier indicates that the mailing was
delivered to the address of the receiving Party. The Parties shall make good
faith efforts to provide advance courtesy notice of any notices or
communications hereunder via telefacsimile. However, under no
circumstances shall such courtesy notice satisfy the notice requirements set
forth above; nor shall lack of such courtesy notice affect the validity of
service pursuant to the notice requirement set forth above. Any Party
hereto, by giving ten (10) days written notice to the other, may designate any
City of Saratoga Independent Contractor Agreement Page 2
193
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
other address as substitution of the address to which the notice or
communication shall be given. Notices or communications shall be given to
the Parties at the addresses set forth below until specified otherwise in
writing:
Notices to Contractor shall be sent to:
David Gates
Gates & Associates
2671 Crow Canyon Rd
San Ramon, CA 94583
Notices to City shall be sent to:
Dave Anderson, City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
With a copy (which copy shall not constitute notice) to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
9. ENTIRE AGREEMENT This Agreement supersedes any and all
agreements, either oral or written, between the parties hereto with respect to
Contractor's completion of the Scope of Work on behalf of City and contains
all of the covenants and agreements between the parties with respect to the
rendering of such services in any manner whatsoever. Each party to this
Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement
shall be valid or binding. No amendment, alteration, or variation of the
terms of this Agreement shall be valid unless made in writing and signed by
the parties hereto.
City of Saratoga Independent Contractor Agreement Page 3
194
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement Page 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONTRACTOR: Gates & Associates
By: ________________________________ Date: _________________
Print Name: _______________________
Position: ___________________________
CITY OF SARATOGA, a municipal corporation
By: __________________________________ Date: __________________
Name: Dave Anderson
Title: City Manager
APPROVED AS TO FORM:
By:_______________________________ Date:___________________
City Attorney
Attachments
Exhibit A -- Scope of Work
Exhibit B -- Contract Payment and Reporting Schedule
Exhibit B-1 -- Rate Schedule
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
Exhibit F -- Caltrans Forms
195
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
EXHIBIT A
SCOPE OF WORK
illage Pe SARATOGA – V
PROJECT SCOPE:
destrian Improvements Phase 2
1. Blaney Plaza: modify the corner of Big Basin Way and Highway 9, new low
tmvswall/fences and planing. Iproe the croswalk at Saratoga/Los Gatos Road
connecting Blaney Plaza and the corner where Starbuck resides
2. Saratoga/Los Gatos Road new sidewalk from the corner where Starbuck
resides to Oak Street, new tree wells, removable bollard and new street lights
ሺAt the Starbuck corner, the curb grades will be verified, identify if there is
existing conduit for an electrical connection, provide the reconstruction of
paving as required for the electrical connection, and provide a roadway section
for the proposed vehicular pavingሻ
3.Provide bulbout and crosswalk improvements at Big Basin Way and Saratoga
5
Plaza
4.Provide bulbout and crosswalk improvements at Big Basin Way and th Street
5.Modify a driveway connection and provide bulbout and crosswalk
improvements at Big Basin Way and 6th Street
out and crosswalk 6.Big Basin Way at Saratoga/Los Gatos, provide bulb
rainage design for new bus shelter.
improvements
.7
8
Provide grading and d
. age Plan Overall/Sign
Serapate Task:
1. Provide sidewalk closure from Fire Station to the Post Office on Saratoga
Avenue
The objective of this task is to collect base data from te Cityand throughfield
ASK 1 – DATA
O
T
C
LECTION
SubTask 1.1 – Kick‐off
h
ld
observation.
Meet with City Staff to review project goals, issues, schedule and other aspects of
pMeeting
SubTask 1.2 – Fie
cce
roject management.
ield reconnaissance with Staff to review existing conditions and Phase I project.
Reonnaissan
SubTask 1.3 – Base Map
Prep
F
BKF will revisit the project site to perform initial field investigations. Existing
features will be verified via a topographic survey. The existing aerial mapping for
the Phase I project will be supplemented with the topographic survey to develop
the project base sheets for the Phase II project. Topographic field surveys will
include surveys necessary to confirm utilities and drainage facilities, pavement and
curb elevations, conforms, obstructions, trees, lighting fixtures, fences, walls and
ny other features necessary to complete the design. The supplemental survey will
d at the locations identified in the strip map ሺsee attachment Aሻ
a
be conducte
S:
T
e
PRODUC
chedulS
Survey
ING:
EET
taff 1
M
S
City of Saratoga Independent Contractor Agreement Page 5
Exhibit A – Scope of Work 196
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
T
D
ASK 2 – DESIGN
EEVLOPMENT
SubTask 2.1 – Concept
The objective of this task is to develop a community endorsed, implementab
City of Saratoga Independent Contractor Agreement Page 6
Exhibit A – Scope of Work
le
&
streetscape improvement and signage plan.
repare concept plans for each of nine ሺ9ሻ areas describing improvements.
Development
SubTask 2.2 –
Monumentation/Signage
P
age plan. Prepare overall sign
Prepare images of:
•
• Primary Arch / Portal ሺ45’ spanሻ
Custom timber pole banner support
• Themed pole signs for directional, parking and way‐finding
Refine final plans and signage concepts, Assemble package of preferred street
furniture and materials including landscape, sidewalk & cross walk paving;
crosswalk lighting, street furniture such as benches, trash receptacles, bicycle
s.
SubTask 2.3 –
Streetscape Signage
Refinements
racks, tree grates & guards, hanging baskets and way‐finding device
Meet with staff to review plans and estimate. Identify refinements.
SubTask 2.4 – Staff
Review
SubTask 2.5 –
COMMUNITY MEETING
At workshop present the preferred plans and signage concepts. Assist the
community in evaluating the option. Identify a preferred option.
#2
SubTask 2.6 – Public
Hearing
resent plan to City Council to obtain authorization to proceed to construction P
d
ocuments.
PRODUCTS: MEETINGS:
Concept Plans Staff Meetings
1
Signage Concept Community Meetings 1
Signage Plan ity Council
Refined Streetscape &C
1
orkshop materials
unnta
W
Cocil Presetion Materials
The intent to present a comprehensive and overall view of the project elements to
a design level where the vision of the conceptual design is advanced and can be
confirmed. All components of the proposed improvements will be addressed in the
65% design plans and estimate. All Project sheets, which will be represented in the
bid documents, will be identified and developed in varying degrees of detail during
TASK 3 – 65% PS&E
ONSTRUCTION
RAWINGS
C
D
this phase.
Review and detail the proposed design improvements proposed for the project.
Vertical design, including pavement elevations, will be refined during the 65%
PS&E design effort. The longitudinal slope of the curb and gutter, which defines
the drainage patterns, will be detailed and integrated with the pedestrian
improvements along the cross walk and bulb‐out areas. Where necessary,
drainage modifications will be proposed to intercept obstructed overland flow.
Eval nditions and proposed improvements to ensure that facility
is AD
SubTask 3.1 – Plans
Specifications
uate the existing co
• ets
A compliant.
Demolition She
• Layout Sheets
197
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
• t, layout & details Site furnishings enhancemen
•
• Typical Cross Sections
•
Drainage and grading plans
• ffic Handling Plans
Signing and Striping Plans
tion and Tra
•
Stage Construc
•
Construction Detail Sheets
• Caltrans format
Cost Estimate
•
Project Specifications in
•
Electrical plans
Planting plan & details
• Irrigation plan & details
Perform a quality control review for the 65% submittal design package including
verifying compliance with the City requirements. The review will also include
cnfirming that the submittal is in compliance with the requirements for an
e
o
xpenditure authorization ሺE‐76ሻ.
repare plans, specs and details for signage system including structural
SubTask 3.2 – Signage
City of Saratoga Independent Contractor Agreement Page 7
Exhibit A – Scope of Work
Package
SubTask 3.3 –
Construction Strategy
P
calculations.
Conceptual stage construction plans will be developed during this phase. It is
important that the stage construction implement specific traffic handling plans,
including temporary pavement delineations, to consider free‐flow movement
during construction for vehicles, parking, bicycles and pedestrians. The stage
construction plans will provide for circulation and access to the adjoining parking
areas and cross streets. The design will verify that sufficient roadway width with
proper safety improvements is maintained throughout all phases of construction.
Clear signage will be incorporated into the stage construction plans to clearly
delineate changes to existing traffic patterns.
RODUCTS:P
65% PS&E
ING:
MEET
Staff 1
The objective of the 95% civil design plans and specifications is to incorporate
comments, complete the design development phase, and resolve any remaining
project issues. All the plans, specifications and estimate will be brought to
completion. Details will be refined and completed. For the 95% submittal, BKF will
produce a complete, checked and bid‐ready set of documents for the City’s and
TASK 4 – 95% PS&E
Caltrans review.
Work with the City and Caltrans on resolving and incorporating all design
comments resulting from the 65% submittal. Prior to completion of the 95%
design documents, the design team will conduct additional site investigations. It is
rucial that the design engineers are confident that existing conditions are
c o
SubTask 4.1 ‐ Plans &
Specifications
c
depicted acurately in the bid‐ready dcuments.
Complete in‐house quality control review of all outgoing documents. Cost
ll be updated and compared to the available budget. estimates wi
PRODUCTS:
198
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
95% PS&E
calculations Necessary
MEETING:
Staff 1
TA
SK 5 ‐ FINAL PS&E
SubTask 5.1–100%
Plans, Specification
Estimate
The objective of the task is final bid documents.
Incorporate or resolve any final remaining comments received as a result of the
95% submittal. All aspects of the design will be finalized at this point in order to
prepare a complete set of final, biddable and constructible documents ready for
immediate advertisement. It is anticipated that no further design development will
take place in this task. The cost estimate and specifications will be updated and
o its final form. Irrigation calculations.
&
formatted t
S:
PRODUCT
inal PS&EF
Bid Form
MEETINGS:
Sat
ff 1
The objective of this task is to support the City through the bidding, contract award,
and construction phases of the project.
TASK 6 –
NSTRUCTION CO
SERVICES
SubTask 6.1 ‐ Bidding
The con : sultant team will assist the City during the Bid process as follows
Interpretation of plans and specifications for bidders
Preparation of technical aspects of addenda to be issued by the City.
•
•
SubTask 6.2 –
Construction
Administration The consultant Team will assist the City during project construction as follows:
• Submittal reviews: Review and process all submittals and shop drawings
specifically required in the technical specifications.
• Construction Meetings: Attendance at 2 construction meetings to review
construction progress, make adjustments, approve construction layout, review
City of Saratoga Independent Contractor Agreement Page 8
Exhibit A – Scope of Work 199
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
grading concept, approve plant material and planting layout. Provide a written
field report following each site visit.
• Clarifications: Respond to contractors RFI's and City questions.
SubTask 6.3 – Prepare
As‐Built Drawings
repare as‐built drawings in CAD format, incorporating postings, field changes and
ded by manufacturers.
P
manuals provi
d
PRODUCTS
Addenda as neede
ields Reports
wings
F
Record Dra
EETINGS M
Construction Meetings 4
Provide sidewalk closure from Fire Station to the Post Office on Saratoga Avenue.
SK 7 – SIDEWALK TA
CLOSURE
SubTask 7.1 ‐ Plans,
mate
repare plans, specs, details and estimate.
Specification & Esti
P
TASK 8 ‐ OPTIONAL:
DESIGN EXCEPTIONS
After confirming the geometric horizontal and vertical design, BKF will conduct a
final review of the geometry and complete the Design Checklist ሺDIB78ሻ, to ensure
that all mandatory and advisory design exceptions are identified. After meeting
with Caltrans on concurrence of Project features and design exceptions, BKF will
prepare Design Exception Fact Sheets for submission to Caltrans for review and
approval. The scope of work accounts for the preparation and approval of four
design exceptions. BKF would suggest that the Fact Sheets be submitted in the
initial submittal stages of the PS&E in order to start the review process, which
tends to take longer than PS&E review and approval. In this case, the issuance of
the encroachment permit for the Project will not be delayed by the Fact Sheet
pproval and signature. a
City of Saratoga Independent Contractor Agreement Page 9
Exhibit A – Scope of Work 200
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement Page 10
Exhibit A – Scope of Work
201
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION .
City shall pay Contractor at the rates set forth on the attached rate
schedule, exhibit B-1. The total compensation (including equipment, supply,
and expense costs) pursuant to Exhibit A – Scope of Work of this Agreement
shall not exceed one hundred seventy nine thousand nine hundred forty
three Dollars ($179,943)
2. INVOICES Contractor shall submit invoices, not more often than
once a month during the term of this Agreement, based on the cost for work
performed prior to the invoice date. Hourly Rates schedule is shown on
Exhibit B-1. Invoices shall be sent to the City no later than the 15th of the
month following the month term being invoiced for. Invoices shall contain
the following information:
i. Serial identifications of bills for each applicant/project,
i.e. Invoice No.1 on each individual invoice sheet.
ii. Reference the City’s application number per
applicant/project (as identified on the City transmittal
cover sheets) on each individual invoice sheet.
iii. The beginning and ending dates of the billing period on
each individual invoice sheet.
iv. A summary cover sheet containing the total contract
amount, the amount of prior billings, the total due this
period, and the remaining balance available for all
remaining billing periods.
3. MONTHLY PAYMENTS City shall make monthly payments, based
on such invoices, for satisfactory progress in completion of the Scope of
Work.
4. REIMBURSABLE EXPENSES There shall be no right to
reimbursement of expenses incurred by Contractor except as specified in
Exhibit A to this Agreement.
City of Saratoga Independent Contractor Agreement Page 11
Exhibit B – Payment 202
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
EXHIBIT B-1
RATE SCHEDULE
David Gates & Associates
EFFECTIVE THROUGH JUNE 2012
I. Hourly Fees for Services of: Rate Per Hour
Founder $185.00
Principal $135.00 - $155.00
Associate Landscape Architect $120.00 - $130.00
Sr. Landscape Architect $105.00 - $120.00
Jr. Landscape Architect $85.00 - $105.00
Sr. Landscape Designer $95.00 - $115.00
Landscape Designer $80.00 - $105.00
Sr. Design Technician $95.00 - $105.00
Design Technician $75.00 - $90.00
Sr. Irrigation Designer $115.00 - $125.00
Irrigation Design Technician $75.00 - $90.00
Sr. Visual Communications Designer $110.00 - $115.00
Visual Communications Designer $90.00 - $110.00
Marketing Coordinator $90.00 - $110.00
Administrative Staff $70.00 - $90.00
II. Expenses (Reimbursables)
A. Consultants at approximately the same rates indicated above or on
consultant fee schedules.
B. Other direct expenses at cost which may include:
1. Printing and reproduction costs.
2. Mileage and travel costs.
3. Miscellaneous
Hourly rates may be adjusted on July 1 of each year and shall apply for any
services rendered after that date.
City of Saratoga Independent Contractor Agreement Page 12
Exhibit B-1 – Rate Schedule 203
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
EXHIBIT C
FACILITIES AND EQUIPMENT
City shall furnish physical facilities such as desks, filing cabinets,
and conference space, as may be reasonably necessary for Contractor's use
while consulting with City employees and reviewing records and the
information in possession of City. The location, quantity, and time of
furnishing said physical facilities shall be in the sole discretion of City. In
no event shall City be obligated to furnish any facility which may involve
incurring any direct expense, including, but not limiting the generality of
this exclusion, long-distance telephone or other communication charges,
vehicles, and reproduction facilities. Contractor shall not use such services,
premises, facilities, supplies or equipment for any purpose other than in the
performance of Contractor's obligations under this Agreement.
City of Saratoga Independent Contractor Agreement Page 13
Exhibit C – Facilities and Equipment 204
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR At all times during the term of
this Agreement, Contractor shall be an independent contractor and shall
not be an employee of City. Contractor shall complete the Scope of
Work hereunder in accordance with currently approved methods and
practices in Contractor's field. City shall have the right to control
Contractor only with respect to specifying the results to be obtained
from Contractor pursuant to this Agreement. City shall not have the
right to control the means by which Contractor accomplishes services
rendered pursuant to this Agreement. Likewise, no relationship of
employer and employee is created by this Agreement between the City and
Contractor or any subcontractor or employee of Contractor. Nothing
contained in this Agreement shall be construed as limiting the right
of Contractor to engage in Contractor profession separate and apart
from this Agreement so long as such activities do not interfere or
conflict with the performance by Contractor of the obligations set forth
in this Agreement. Interference or conflict will be determined at the
sole discretion of the City.
2. STANDARD OF PERFORMANCE Contractor shall
complete the Scope of Work required pursuant to this Agreement in the
manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged in the
geographical area in which Contractor practices its profession. All work
product of whatsoever nature which Contractor delivers to City pursuant to
this Agreement shall be prepared in a substantial, first class and
workmanlike manner and conform to the standards of quality normally
observed by a person practicing in Contractor’s profession.
3. TIME Contractor shall devote such time to the Scope of Work
pursuant to this Agreement as may be reasonably necessary for satisfactory
performance of Contractor's obligations pursuant to this Agreement.
4. CONTRACTOR NO AGENT Except as City may specify in writing,
Contractor shall have no authority, express or implied, to act on behalf of
City in any capacity whatsoever as an agent. Contractor shall have no
authority, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
5. BENEFITS AND TAXES Contractor shall not have any
claim under this Agreement or otherwise against City for seniority,
City of Saratoga Independent Contractor Agreement Page 14
Exhibit D – General Provisions 205
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
vacation time, vacation pay, sick leave, personal time off, overtime,
health insurance, medical care, hospital care, insurance benefits,
social security, disability, unemployment, workers compensation or
employee benefits of any kind. Contractor shall be solely liable for and
obligated to pay directly all applicable taxes, including, but not limited
to, federal and state income taxes, and in connection therewith
Contractor shall indemnify and hold City harmless from any and all
liability that City may incur because of Contractor’s failure to pay
such taxes. City shall have no obligation whatsoever to pay or
withhold any taxes on behalf of Contractor.
6. ASSIGNMENT PROHIBITED No party to this Agreement may
assign any right or obligation pursuant to this Agreement. Any attempted or
purported assignment of any right or obligation pursuant to this Agreement
shall be void and of no effect. However, with the consent of the City given in
writing, Contractor is entitled to subcontract such portions of the work to be
performed under this Agreement as may be specified by City.
7. PERSONNEL
a. Qualifications. Contractor shall assign only competent personnel
to complete the Scope of Work pursuant to this Agreement. In the
event that City, in its sole discretion, at any time during the term
of this Agreement, desires the removal of any such persons,
Contractor shall, immediately upon receiving notice from city of
such desire of City, cause the removal of such person or persons.
b. Employment Eligibility. Contractor shall ensure that all
employees of Contractor and any subcontractor retained by
Contractor in connection with this Agreement have provided the
necessary documentation to establish identity and employment
eligibility as required by the Immigration Reform and Control Act
of 1986. Failure to provide the necessary documentation will
result in the termination of the Agreement as required by the
Immigration Reform and Control Act of 1986.
c. Prevailing Wages. This is a public works contract within the
meaning of Part 7 of Division 2 of the California Labor Code
(Sections 1720 et seq.). In accordance with California Labor Code
Section 1771, all contractors and subcontractors on this public
work project shall pay not less than current prevailing wage rates
as determined by the California Department of Industrial Relations
(“DIR”). Pursuant to Section 1773 of the California Labor Code, the
City has obtained the general prevailing rate of wages and
employer payments for health and welfare, vacation, pension and
similar purposes in the City of Saratoga, a copy of which is on file
City of Saratoga Independent Contractor Agreement Page 15
Exhibit D – General Provisions 206
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
at 13777 Fruitvale Avenue, Saratoga, California at the office of the
Public Works Director, and shall be made available for viewing to
any interested party upon request.
8. CONFLICT OF INTEREST
a. In General. Contractor represents and warrants that, to the best
of the Contractor’s knowledge and belief, there are no relevant
facts or circumstances which could give rise to a conflict of
interest on the part of Contractor, or that the Contractor has
already disclosed all such relevant information.
b. Subsequent Conflict of Interest. Contractor agrees that if an
actual or potential conflict of interest on the part of Contractor is
discovered after award, the Contractor will make a full disclosure
in writing to the City. This disclosure shall include a description
of actions, which the Contractor has taken or proposes to take,
after consultation with the City to avoid, mitigate, or neutralize the
actual or potential conflict. Within 45 days, the Contractor shall
have taken all necessary steps to avoid, mitigate, or neutralize the
conflict of interest to the satisfaction of the City.
c. Interests of City Officers and Staff. No officer, member or
employee of City and no member of the City Council shall have any
pecuniary interest, direct or indirect, in this Agreement or the
proceeds thereof. Neither Contractor nor any member of any
Contractor’s family shall serve on any City board or committee or
hold any such position which either by rule, practice or action
nominates, recommends, or supervises Contractor's operations or
authorizes funding to Contractor.
9. COMPLIANCE WITH LAWS
a. In General. Contractor shall take reasonable care to observe and
comply with all laws, policies, general rules and regulations
established by City and shall comply with the common law and all
laws, ordinances, codes and regulations of governmental agencies,
(including federal, state, municipal and local governing bodies)
applicable to the performance of the Scope of Work hereunder,
including, but not limited to, all provisions of the Occupational
Safety and Health Act of 1979 as amended.
b. Licenses and Permits. Contractor represents and warrants to
City that it has all licenses, permits, qualifications and approvals
of whatsoever nature which are legally required for Contractor to
practice its profession. Contractor represents and warrants to City
City of Saratoga Independent Contractor Agreement Page 16
Exhibit D – General Provisions 207
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
that Contractor shall, at its sole cost and expense, keep in effect at
all times during the term of this Agreement any licenses, permits,
and approvals which are legally required for Contractor to practice
its profession. In addition to the foregoing, Contractor shall obtain
and maintain during the term hereof a valid City of Saratoga
Business License.
c. Funding Agency Requirements. To the extent that this
Agreement may be funded by fiscal assistance from another entity,
Contractor shall comply with all applicable rules and regulations
to which City is bound by the terms of such fiscal assistance
program.
d. Drug-free Workplace. Contractor and Contractor’s employees and
subcontractors shall comply with the City's policy of maintaining a
drug-free workplace. Neither Contractor nor Contractor’s
employees and subcontractors shall unlawfully manufacture,
distribute, dispense, possess or use controlled substances, as
defined in 21 U.S. Code Section 812, including marijuana, heroin,
cocaine, and amphetamines, at any facility, premises or worksite
used in any manner in connection with performing services
pursuant to this Agreement. If Contractor or any employee or
subcontractor of Contractor is convicted or pleads nolo contendere
to a criminal drug statute violation occurring at such a facility,
premises, or worksite, the Contractor, within five days thereafter,
shall notify the City.
e. Discrimination Prohibited. Contractor assures and agrees that
Contractor will comply with Title VII of the Civil Rights Act of 1964
and other laws prohibiting discrimination and that no person
shall, on the grounds of race, creed, color, disability, sex, sexual
orientation, national origin, age, religion, Vietnam era veteran's
status, political affiliation, or any other non-merit factors be
excluded from participating in, be denied the benefits of, or be
otherwise subjected to discrimination under this Agreement.
10. DOCUMENTS AND RECORDS
a. Property of City. All reports, data, maps, models, charts,
studies, surveys, photographs, memoranda or other written
documents or materials prepared by Contractor pursuant to this
Agreement shall become the property of City upon completion of
the work to be performed hereunder or upon termination of this
Agreement.
b. Retention of Records. Until the expiration of five years after the
furnishing of any services pursuant to this Agreement, Contractor
City of Saratoga Independent Contractor Agreement Page 17
Exhibit D – General Provisions 208
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
shall retain and make available to the City or any party designated
by the City, upon written request by City, this Agreement, and
such books, documents and records of Contractor (and any books,
documents, and records of any subcontractor(s)) that are
necessary or convenient for audit purposes to certify the nature
and extent of the reasonable cost of services to City.
c. Use of Recycled Products. Contractor shall prepare and submit
all reports, written studies and other printed material on recycled
paper to the extent it is available at equal or less cost than virgin
paper.
d. Professional Seal. Where applicable in the determination of the
contract administrator, the first page of a technical report, first
page of design specifications, and each page of construction
drawings shall be stamped/sealed and signed by the licensed
professional responsible for the report/design preparation. The
stamp/seal shall be in a block entitled "Seal
and Signature of Registered Professional with report/design
responsibility" as per the sample below.
______________________________
Seal and Signature of Registered Professional
with report/design responsibility.
11. CONFIDENTIAL INFORMATION Contractor shall hold any
confidential information received from City in the course of performing this
Agreement in trust and confidence and will not reveal such confidential
information to any person or entity, either during the term of the Agreement
or at any time thereafter. Upon expiration of this Agreement, or termination
as provided herein, Contractor shall return materials which contain any
confidential information to City. Contractor may keep one copy for its
confidential file. For purposes of this paragraph, confidential information is
defined as all information disclosed to Contractor which relates to City's
past, present, and future activities, as well as activities under this
Agreement, which information is not otherwise of public record under
California law.
12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all
responsibility for the work, shall bear all losses and damages directly or
City of Saratoga Independent Contractor Agreement Page 18
Exhibit D – General Provisions 209
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
indirectly resulting to Contractor, to any subcontractor, to the City, to City
officers and employees, or to parties designated by the City, on account of
the performance or character of the work, unforeseen difficulties, accidents,
occurrences or other causes to the extent predicated on active or passive
negligence of the Contractor or of any subcontractor.
13. INDEMNIFICATION Contractor and City agree that City, its
employees, agents and officials shall, be fully protected from any loss,
injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs,
defense costs, court costs or any other cost to the extent arising out of or in
any way related to the negligent performance of this Agreement.
Accordingly, the provisions of this indemnity provision are intended by the
parties to be interpreted and construed to provide the fullest protection
possible under the law to the City. Contractor acknowledges that City
would not enter into this agreement in the absence of the commitment of
Contractor to indemnify and protect City as set forth below.
a. Indemnity. To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold harmless City, its employees, agents
and officials, from any liability, claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs (including, without limitation, costs and fees
of litigation) of any kind whatsoever without restriction or limitation,
incurred in relation to, as a consequence of or arising out of or in any
way attributable actually, allegedly or impliedly, in whole or in part, to
the performance of this Agreement. All obligations under this
provision are to be paid by Contractor as they are incurred by the
City.
b. Limitation on Indemnity. Without affecting the rights of City under
any provision of this agreement or this section, Contractor shall not
be required to defend, indemnify and hold harmless City as set forth
above for liability attributable to the active negligence, sole negligence,
or willful misconduct of City, provided such active negligence, sole
negligence, or willful misconduct is determined by agreement between
the parties or the findings of a court of competent jurisdiction.
c. Scope of Contractor Obligation. The obligations of Contractor under
this or any other provision of this Agreement will not be limited by the
provisions of any workers' compensation act or similar act.
Contractor expressly waives its statutory immunity under such
statutes or laws as to City, its employees and officials.
d. Subcontractors. Contractor agrees to obtain executed indemnity
agreements with provisions identical to those set forth here in this
section from each and every subcontractor, sub tier contractor or any
other person or entity involved by, for, with or on behalf of Contractor
City of Saratoga Independent Contractor Agreement Page 19
Exhibit D – General Provisions 210
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
in the performance or subject matter of this Agreement. In the event
Contractor fails to obtain such indemnity obligations from others as
required here, Contractor agrees to be fully responsible according to
the terms of this section.
e. In General. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no
way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth herein is binding on the
successors, assigns, or heirs of Contractor and shall survive the
termination of this agreement or this section. For purposes of Section
2782 of the Civil Code the parties hereto recognize and agree that this
Agreement is not a construction contract. By execution of this
Agreement, Contractor acknowledges and agrees that it has read and
understands the provisions hereof and that this paragraph is a
material element of consideration. City approval of the insurance
contracts required by this Agreement does not relieve the Contractor
or subcontractors from liability under this paragraph.
14. INSURANCE REQUIREMENTS Contractor shall procure and
maintain for the duration of the contract insurance as set forth in Exhibit E.
The cost of such insurance shall be included in the Contractor’s bid.
15. DEFAULT AND REMEDIES
a. Events of default. Each of the following shall constitute an event
of default hereunder:
1. Failure to perform any obligation under this Agreement and
failure to cure such breach immediately upon receiving notice
of such breach, if the breach is such that the City determines
the health, welfare, or safety of the public is immediately
endangered; or
2. Failure to perform any obligation under this Agreement and
failure to cure such breach within fifteen (15) days of receiving
notice of such breach, if the breach is such that the City
determines that the health, welfare, or safety of the public is
not immediately endangered, provided that if the nature of the
breach is such that the City determines it will reasonably
require more than fifteen (15) days to cure, Contractor shall not
be in default if Contractor promptly commences the cure and
diligently proceeds to completion of the cure.
b. Remedies upon default. Upon any Contractor default, City shall
have the right to immediately suspend or terminate the Agreement,
City of Saratoga Independent Contractor Agreement Page 20
Exhibit D – General Provisions 211
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
seek specific performance or contract with another party to
perform this Agreement.
c. No Waiver. Failure by City to seek any remedy for any default
hereunder shall not constitute a waiver of any other rights
hereunder or any right to seek any remedy for any subsequent
default.
16. TERMINATION Either party may terminate this Agreement with or
without cause by providing 10 days notice in writing to the other party. The
City may terminate this Agreement at any time without prior notice in the
event that Contractor commits a material breach of the terms of this
Agreement. Upon termination, this Agreement shall become of no further
force or affect whatsoever and each of the parties hereto shall be relieved
and discharged here-from, subject to payment for acceptable services
rendered prior to the expiration of the notice of termination.
Notwithstanding the foregoing, the provisions of this Agreement concerning
retention of records, City's rights to material produced, confidential
information, consultant's responsibility, indemnification, insurance, dispute
resolution, litigation, and jurisdiction and severability shall survive
termination of this Agreement.
17. DISPUTE RESOLUTION The parties shall make a good faith effort to
settle any dispute or claim arising under this Agreement. If the parties fail
to resolve such disputes or claims, they shall submit them to non-binding
mediation in California at shared expense of the parties for at least 8 hours
of mediation. If mediation does not arrive at a satisfactory result,
arbitration, if agreed to by all parties, or litigation may be pursued. In the
event any dispute resolution processes are involved, each party shall bear
its own costs and attorneys fees.
18. LITIGATION In the event that either party brings an action
under this agreement for breach or enforcement thereof, the prevailing party
in such action shall be entitled to its reasonable attorneys’ fees and costs
whether or not such action is prosecuted to judgement.
19. JURISDICTION AND SEVERABILITY This Agreement shall be
administered and interpreted under the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be in that state
and venue shall be in Santa Clara County, California. If any part of this
Agreement is found to conflict with applicable laws, such part shall be
inoperative, null and void insofar as it conflicts with said laws, but the
remainder of this Agreement shall be in full force and effect.
City of Saratoga Independent Contractor Agreement Page 21
Exhibit D – General Provisions 212
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
20. NOTICE OF NON-RENEWAL Contractor understands and agrees
that there is no representation, implication, or understanding that the City
will request that work product provided by Contractor under this Agreement
be supplemented or continued by Contractor under a new agreement
following expiration or termination of this Agreement. Contractor waives all
rights or claims to notice or hearing respecting any failure by City to
continue to request or retain all or any portion of the work product from
Contractor following the expiration or termination of this Agreement.
21. PARTIES IN INTEREST This Agreement is entered only for the
benefit of the parties executing this Agreement and not for the benefit of any
other individual, entity or person.
22. WAIVER Neither the acceptance of work or payment for work
pursuant to this Agreement shall constitute a waiver of any rights or
obligations arising under this Agreement. The failure by the City to enforce
any of Contractor’s obligations or to exercise City's rights shall in no event
be deemed a waiver of the right to do so thereafter.
22. Covenant Against Contingent Fees
The Contractor warrants that he/she has not employed or retained any
company or person, other than a bona fide employee working for the
Contractor; to solicit or secure this agreement; and that he/she has not paid
or agreed to pay any company or person other than a bona fide employee,
any fee, commission, percentage, brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award, or formation of
this agreement. For breach or violation of this warranty, the local agency
shall have the right to annul this agreement without liability, or at its
discretion; to deduct from the agreement price or consideration, or otherwise
recover the full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
24. Patent Rights
Contractor agrees to applicable patent rights provisions described in
41 CFR 1-9.1 regarding rights to inventions.
25. Subcontractors, Assignment and Transfer
All subcontracts exceeding $25,000 in cost shall contain all required
provisions of the prime contract.
26. Contractor’s Endorsement on PS&E/Other Data
The responsible Contractor/Consultant/Engineer shall sign all plans,
specifications, estimates (PS&E) and engineering data furnished by
City of Saratoga Independent Contractor Agreement Page 22
Exhibit D – General Provisions 213
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement Page 23
Exhibit D – General Provisions
him/her, and where appropriate, indicate his/her California
registration number.
27. DBE and UDBE Considerations
In conformance with Title 49 Code of the Code of Federal Regulations Part
26 Caltrans Local Assistance Procedures Manual and Caltrans Local
Programs Procedures The City of Saratoga has established an Underutilized
DBE (UDBE) goal for federal fiscal year 2011/2012 beginning on October
1st and ending on September 30th.
Contractors must give consideration to DBE firms as specified in 23 CFR
172.5(b), 49 CFR Part 26, and in Exhibit 10-I “Notice to Bidders/Proposers
Disadvantaged Business Enterprise Information.” The contract has an
under-utilized DBE (UDBE) goal, the Contractor must meet the UDBE goal
by using UDBEs as subcontractors/subconsultants or document a good
faith effort to meet the goal. If a UDBE subcontractor/subconsultant is
unable to perform, the Contractor must make a good faith effort to replace
him/her with another UDBE subcontractor/subconsultant if the goal is not
otherwise met.
The Underutilized DBE (UDBE) has been established at 3.05%
The Contractor agrees to comply with UDBE requirements. See attached
Local Assistance Procedures Manual Exhibits 10-O1 and 10-O2.
28. Nonlobbying Certification For Federal-Aid Contracts
The Contractor agrees to comply with items 1 and 2 of the attached Local
Assistance Procedures Manual Exhibit 10-P. Furthermore, the Contractor
agrees to require that the language of this Certification be included in all
lower-tier subcontracts which exceed $100,000 and that all such sub-
recipients shall certify and disclose accordingly.
214
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
EXHIBIT E
INSURANCE
Please refer to the insurance requirements listed below. Those that have an
“X” indicated in the space before the requirement apply to Contractor’s
Agreement (ignore any not checked).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of
these requirements and request that they provide Certificates of Insurance
complete with copies of all required endorsements to: Administrative
Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA
95070.
Contractor shall furnish City with copies of original endorsements affecting
coverage required by this Exhibit E. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All
endorsements and certificates are to be received and approved by City before
work commences. City has the right to require Contractor’s insurer to
provide complete, certified copies of all required insurance policies,
including endorsements affecting the coverage required by these
specifications.
X Commercial General/Business Liability Insurance with coverage as
indicated:
X $1,000,000 per occurrence/$2,000,000 aggregate limits for
bodily injury and property damage
___ $ ____________ per occurrence bodily injury/$ ___________ per
occurrence property damage
___ Coverage for X, C, U hazards MUST be evidenced on the
Certificate of Insurance
___ If the standard ISO Form wording for "OTHER INSURANCE", or
other comparable wording, is not contained in Contractor's
liability insurance policy, an endorsement must be provided
that said insurance will be primary insurance and any
insurance or self-insurance maintained by City, its officers,
employees, agents or volunteers shall be in excess of
Contractor's insurance and shall not contribute to it.
X Auto Liability Insurance with coverage as indicated:
X $1,000,000 combined single limit for bodily injury and property
damage
City of Saratoga Independent Contractor Agreement Page 24
Exhibit E - Insurance 215
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
___ $ ____________ per person/$__________ per accident for bodily
injury
___ $ ____________ per occurrence for property damage
___ $ 500,000 combined single limit for bodily injury and property
damage
___ Garage keepers extra liability endorsement to extend coverage
to all vehicles in the care, custody and control of the
consultant, regardless of where the vehicles are kept or driven.
X Professional/Errors and Omissions Liability with coverage as
indicated:
X $1,000,000 per loss/ $2,000,000 aggregate
$5,000,000 per loss/ $5,000,000 aggregate
Contractor must maintain Professional/Errors & Omissions Liability
coverage for a period of three years after the expiration of this
Agreement. Contractor may satisfy this requirement by renewal of
existing coverage or purchase of either prior acts or tail coverage
applicable to said three-year period.
X Workers' Compensation Insurance
X Including minimum $1,000,000 Employer's Liability
The Employer's Liability policy shall be endorsed to waive any right of
subrogation as respects the City, its employees or agents.
The Contractor makes the following certification, required by section 1861 of
the California Labor Code:
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract
X Additional Insured Endorsement(s) for Commercial General/Business
Liability coverage naming the City of Saratoga, its officers, employees
and agents as additional insured.
(NOTE: additional insured language on the Certificate of Insurance is
NOT acceptable without a separate endorsement such as Form CG 20
10)
City of Saratoga Independent Contractor Agreement Page 25
Exhibit E - Insurance 216
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
X The Certificate of Insurance MUST provide 30 days notice of
cancellation, (10 days notice for non-payment of premium). NOTE: the
following words must be crossed out or deleted from the standard
cancellation clause: ". . . endeavor to . . ." AND ". . . but failure to
mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives."
All subcontractors used must comply with the above requirements
except as noted below:
As to all of the checked insurance requirements above, the following shall
apply:
a. Deductibles and Self-Insured Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the
City. At the option of the City, either (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials and employees; or (2) the
Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense
expenses.
b. City as Additional Insured. The City, its officers, officials,
employees and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor, premises owned, occupied or used by the Contractor,
or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on
the scope of the protection afforded to the City, its officers,
officials, employees or volunteers.
c. Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
1. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
2. The Contractor’s insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
City of Saratoga Independent Contractor Agreement Page 26
Exhibit E - Insurance 217
Contract For: Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement Page 27
Exhibit E - Insurance
3. Coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt
requested, has been given to the City.
d. Acceptability of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A: VII
218
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 28219
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 29220
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 30221
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 31222
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 32223
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 33224
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 34225
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 35226
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 36227
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 37228
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 38229
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 39230
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 40231
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 41232
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 42233
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 43234
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 44235
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 45236
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 46237
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 47238
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 48239
Contract for Saratoga Village Pedestrian Improvement Phase 2 Design Work
City of Saratoga Independent Contractor Agreement
Exhibit F-Caltrans Forms
Page 49240
SheetsofProject North
DRAWN:
PROJECT NAME:
PROJECT NUMBER:
PROJECT FILE:
DATE:
Scale:
CHECK:
0
W W W . D G A T E S . C O M
TEL: 925.736.8176 FAX: 925.838.8901
LAND PLANNING URBAN DESIGN
LANDSCAPE ARCHITECTURE
2671 CROW CANYON RD, SAN RAMON, CA. 94583
GATES & ASSOCIATES
DATE:REVISION:DESCRIPTION:
Saratoga Village
Pedestrian
Enhancements
Saratoga, CA
Saratoga Village
March 16, 2010
P3866
38
G L-C/JS
KC
REVISION TO CURB TURN OUT 4-12-102
CONFORM SET 6-8-10
6-8-10
CLARIFICATION STAMPED CONCRETE 4-8-101
COVER
DG C-SARATOGA VILLAGE.DWG
TS-1
1
SARATOGA VILLAGE PEDESTRIAN ENHANCEMENT
CITY OF SARATOGA SARATOGA, CALIFORNIA
APPROVED BY:
MACEDONIO NUNEZ, P.E.
ASSOCIATE ENGINEER
CITY OF SARATOGA - PUBLIC WORKS
R.C.E. NO. 67482, LIC. EXP. 06-30-11
DATE:
FEDERAL NO. CML - 5332 (013)
1"=10'-0"
5 10 20
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SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone
Senior Engineer
SUBJECT: Final Acceptance of Subdivision Dedications – Subdivision Application No. SUB07-
0001, 19161 Cox Avenue
RECOMMENDED ACTIONS:
1. Move to accept offers of dedication within the Subdivision SUB07-0001.
2. Move to adopt the resolution rescinding the previously rejected Offers of Dedications and
accepting dedication of streets or portions of streets within Subdivision SUB07-0001 which
includes portion of Cox Avenue and a portion of Brookglen Court into the City’s publicly
maintained street system.
REPORT SUMMARY:
Street dedications
All streets, sidewalks and storm drains within Subdivision SUB07-0001 located at 19161 Cox
Avenue have been completed as part of a larger adjacent development in the past. The City has
been maintaining the streets for many years. However, a portion of Brookglen Court and a
portion of Cox Avenue have never been officially accepted by the City. To rectify this
inconsistency, the subdivider was required to dedicate these portions of streets to the City as part
of the subdivision approval. Minor improvements required along the subdivision frontage are
included in conditions of approval. Completion of these minor improvements will be required
during the development/redevelopment of each lot.
It is therefore recommended the Council accepts the street dedications.
Trail easement dedication
In addition to street dedications, the subdivider was required to dedicate on one of the parcels a
pedestrian trail easement connecting Cox Avenue and Brookglen Park. This trail is shown on the
Proposed Trails Map in General Plan. The trail will be constructed and open to public at the time
242
Page 2 of 2
of the development of this parcel. Presently, no development application has been submitted for
the parcel and the trail has not been constructed.
It is therefore recommended The Council does not accept the trail easement dedication at this
time.
If the Council agrees to accept the street dedications and not to accept the trail easement
dedication, this can be accomplished by adopting the attached Resolution which rescinds the
previously rejected offers of dedications of streets only and continue rejecting the trail easement
dedication.
FISCAL IMPACTS:
There is no increase in City’s street and storm drain maintenance expense as a result of City
accepting the dedications. The streets have been maintained by the City for many years.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The street dedications will not be accepted and the portions of streets will remain private.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
The Resolution will be recorded.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
1. Resolution Accepting Dedication of Streets for Subdivision SUB07-0001
2. Parcel Map of Subdivision SUB07-0001
3. City Council Resolution No. 08-059
243
Page 1 of 2
Exempt under Gov Code §27383
Recording requested by,
and to be returned to:
City of Saratoga
Attn. City Clerk
13777 Fruitvale Avenue
Saratoga, California 95070
RESOLUTION NO. 36-B-______
RESOLUTION ACCEPTING OFFERS OF DEDICATION
SUBDIVISION APPLICATION NO. SUB07-0001, 19161 COX AVENUE
WHEREAS, dedication of public street along Cox Avenue and on Brookglen Court was
required as a condition of approval of Subdivision Application No. SUB07-0001;
WHEREAS, dedication of a public pedestrian trail easement was required as a condition
of approval of said Subdivision Application;
WHEREAS, all streets, sidewalks and storm drains within the dedicated streets of said
Subdivision were completed as part of a larger adjacent development in the past;
WHEREAS, the pedestrian trail within the dedicated trail easement has not been
completed at this time;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
hereby resolves as follows:
That portion of the City’s previous resolution No. 08-059 rejecting the dedication of certain
streets, storm drains and other easement as shown on the following described subdivision map:
Parcel Map recorded in book 827 of Maps, Pages 30 and 31 Santa Clara County Records on
September 24, 2008.
and as set forth in the City Clerk’s certification on said map, is hereby rescinded and the
previously rejected offers of dedication on said map are hereby accepted, except the following:
TRAIL EASEMENT
244
Page 2 of 2
Exempt under Gov Code §27383
AND BE IT FURTHER RESOLVED, that all of the above streets which are accepted
under this resolution are hereby declared to be public streets of the City of Saratoga, County of
Santa Clara, State of California.
The above and foregoing resolution was passed and adopted at a regular meeting of the
Saratoga City Council held on the 21st day of December, 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Page, Mayor
ATTEST:
_____________________________________
Crystal Morrow, City Clerk
245
CQNFORMEDCOPY Thisdocumenthas
bcncomparedwiththeoriginal
SANTACLARACOUNTY CLERKRECORDER
OWNERS STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNEkSOF OR HAVE SOME RIGHT
TITLE OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN
THE SUBDIVISION SHOWN UPON THE HEREIN MAP THAT WE ARE THE
ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE
TO SAID REAL PROPERTY THAT WE HEREBY CONSENT TO THE
PREPARATION AND RECORDATION OF THIS MAP AND SUBDIVISION AS
SHOWN WITHIN THE DISTINCTIVE SYMBOL BORDER LINE
WE HEREBY OFFER FOR DEDICATION FOR PUBLIC USE ALL STREETS AND
PORTIONS OF STREETS NOT PREVIOUSLYEXISTING AS SHOWN ON THE MAP
WITHIN SAID SUBDIVISION AND ALSO DEDICATE TO PUBLIC USE
EASEMENTS FOR ANY AND ALL PUBLIC USES UNDER UPON AND OVER
SAID STREETS AND SAID PORTIONS THEREOF
WE HEREBY OFFER FOR DEDICATION A PUBLIC USE EASEMENT FOR ANY
AND ALL PUBLIC UTILITY USES INCLUDING EMERGENCY VEHICLE INGRESS
AND EGRESS UNDER UPON AND OVER THAT CERTAIN AREA DESIGNATED
ON SAID MAP AS PUBLIC UTILITY EASEMENT PUE TOBE KEPT OPEN
AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND EXCEPT
LAWFUL FENCES IRRIGATION LINES AND UTILITY COMPANY FACILITIES
WE HEREBYOFFER FOR DEDICATION A TRAIL EASEMENT FOR
CONSTRUCTION AND MAINTENANCE OF PUBLIC PEDESTRIAN TRAIL SAID
EASEMENT IS TO BE KEPT OPEN AND FREE OF STRUCTURES OF ANY KIND
EACH PARCEL DEED FOR EACH PARCEL CREATED BY THIS SUBDIVISION
SHALL CONTAIN THE FOLLOWING STATEMENT THE BROOKSIDE TENNIS
CLUB A NEIGHBORING PROPERTY OWNER IS OPERATING UNDER AN
APPROVED USE PERMIT UP96003 ON FILE WITH THE CITY WITH
SPECIFIC ALLOWANCES AND LIMITATIONS ON ACTIVITIES INCLUDING BUT
NOT LIMITED TO NOISE LEVELS AND RESIDENTS OF THE PARCEL
CONVEYED BY EACH SUCH DEED SHOULD BE PREPARED TO ACCEPT SUCH
ACTIVITIES SO LONG AS THEY ARE IN COMPLIANCE WITH SAID USE PERMIT
AS IN EFFECT ON 612002
OWNERS BERT TICKES AS SUCCESSOR TRUSTEE OF THE TICKES FAMILY
TRUST
PAMELA J PARKER ADMINISTRATOR OF THE ESTATE OF WILLIAM
E COX DECEASED PURSUANT TO THE INDEPENDENT
ADMINISTRATOR ACT FILED IN THE SUPERIOR COURT OF SANTA
CLARA COUNTY CASE NO 106PR159591
BERT TICKES PAMELA J PcKER
STATEOFCALIFORNIA
COUNTYOFSANTACLARA
ON 5gpi IQ 200ti BEFOREME
Aclif riipik6lar PERSONALLYAPPEARED
6elmriske5 uParKer
WHOPROVED TOMEON THEBASIS OFSATISFACTORYEVIDENCETOBETHEPERSONS
WHOSE NAME46ARESUBSCRIBED TOTHEWITHIN INSTRUMENTANDACKNOWLEDGED TO
METHAT THEYEXECUTED THESAMEIN 141S744ER4THEIRAUTHORIZED
CAPACITY AND THATBYHirallERITHEIR SIGNATUREWON THEINSTRUMENTTHE
PERSON9 OR THEENTITYUPON BEHALFOFWHICH THE PERSONS ACTED EXECUTED
THEINS UMENT
4111
I CERTIFYUNDER PENALTYOFPERJURYUNDERTHELAWSOFTHESTATEOFCALIFORNIA
THATTHEFOREGOINGPARAGRAPH ISTRUEANDCORRECT
WITNESSMYHANDAND OFFICIALSEAL
SIGNATURE
PRINTED NAMEOFNOTARY Du
PRINCIPALCOUNTYOFBUSINESS 5ar140 ckr
COMMISSION EXPIRES Jofl c
COMMISSION OFNOTARY 1540307
SURVEYORS STATEMENT
THIS MAP WAS PREPARED BY ME UNDER MY DIRECTION AND IS BASED
UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF
THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE ON MAY 14 2008 I
HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO
THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP IF ANY
ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS
INDICATED OR WILL BE SET IN SUCH POSITIONS ON OR BEFORE JANUARY
31 2010 AND THAT THE MONUMENTS ARE OR WILL BE SUFFICIENT TO
ENABLE THE SURVEY TO BE RETRACED
DATE 82608
CITY SURVEYORS STATEMENT
DATE 0 2OS
4
HARRY ABICKA LS 4953
LICENSE EXPIRES DECEMBER 31 2009
I HEREBY STATE THAT I AM SATISFIED THAT THE WITHIN PARCEL MAP IS
TECHNICALLY CORRECT
CYRUS OUR LS 7515
EXP 2009
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No 7515
Exp 123109
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PARCE
4OWDATE917200gBY
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FILE NO 991
FEE PP BY 4
MAP
BEING A PORTION OF THE QUITO RANCHO
AND LYING WITHIN THE
CITY OF SARATOGA
COUNTY OF SANTA CLARA
STATE OF CALIFORNIA
SCALE 120 JUNE 2008
WESTFALL ENGINEERS INC
SARATOGA CALIFORNIA
SHEET 1 0 2
CITYENGINEERS STATEMENT
I HEREBY STATE TFATI HAVE EXAMINED THE WITHIN PARCEL MAP THAT
THE MAP IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE
TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF AND THAT
ALL PROVISIONS OF THE CALIFORNIA SUBDIVISION MAP ACT AND ANY
LOCAL ORDINANCE APPLICABLE AT THE TIME OF THE APPROVAL
TENTATIVE MAP IF REQUIRED HAVE BEEN COMPILED WITH
DATE 44 2008
IVETA HARVANCIK RCE 589
CITY ENGINEER CITY OF SAR
LICENSE EXPIRES No302009
REGINA ALCOMENDRAS COUNTY RECORDER
DEPUTY
s oN
A
tL4
CITY CLERKS STATEMENT
I HEREBY STATE THAT THIS PARCEL MAP WAS APPROVED BY THE CITY
COUNCIL OF THE CITY OF SARATOGA STATE OF CALIFORNIA BY
RESOLUTION NO o8 5 AT A DULY AUTHOFIZED MEETING HELD
ON THE Ir DAY OF 200e AND
THAT BY SAID RESOLUTION ALL STREETS AND PORTIONS THEREOF AND
ALL EASEMENTS SHOWN ON SAID PARCEL MAP AND OFFERED FOR
DEDICATION WERE REJECTED ON BEHALF ON THE PUBLIC SAVE AND
EXCEPT NONE AND TO THE LIMITED EXTENT THAT ANY OFFERS Fit
EASEMENTS FOR UTILITY PURPOSES ALONG OR BENEATH SAI
RIGHTSOFWAY THEN AS TO SUCH EXPRESS OR IMPLIED f
EASEMENTS FOR PUBLIC UTILITY PURPOSES THE SAME Ami
RECORDERS STATEMENT
FILED THIS
M IN BOOK R2
0
DAY OFce924e 4er2 0OIL AT
OF MAPS AT PAGE S
AT THE REQUEST OF
2007070
999767
824
30
246
0 10 20 30 40
FD34IP
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IN MON BOX
CURVE TABLE
CURVE LENGTH RADIUS DELTA
C1 1918 4200
C2 2022 4200
C3 465 4200
C4 569 4200
S852600E 32702 2
FD34 IP OPEN
IN MON BOX
260950
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62034
7
OFFER TO
DEDICATE
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PARCEL 1
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0397 acres net
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LIMITOFPUBLICUTILITYEASEMENT
ox
0
5852600E 10843
DEDICATION
MID
BASISOF BEARINGSS852600E17066 3
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CITYOFSARATOGA
LOT110
TRACT4574
PRIDESCROSSINGSOUTH
UNITNO 4
292 M 23 24
10 10
SID SIDE
S852600HE 2064
0053 acres
N852600 W 22934
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AVENUE
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PARCEL 2
0596acres gross
0568 acres net
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NOTES
LEGEND
MAP
BEING A PORTION OF THE QUITO RANCHO
AND LYING WITHIN THE
CITY OF SARATOGA
COUNTY OF SANTA CLARA
STATE OF CALIFORNIA
SCALE 120 4 JUNE 2008
WESTFALL ENGINEERS INC
SARATOGA 4 CALIFORNIA
FREFERENCES
1 DEED19280055
2 TRACT4574292M 23
3 TRACT3572168M 45
ALLDISTANCESAND DIMENSIONSAREIN FEETAND
DECIMALSTHEREOF
THEAREAWITHINDISTINCTIVEBOUNDARYIS1046
ACRESMOREORLESS
DISTINCTIVEBOUNDARY
PARCELLINE
LIMITOFEASEMENT
CENTERLINE
ADJOININGPROPERTYLINE
BUILDINGSETBACK LINE
FOUNDMONUMENT
ASNOTED
FOUND34IP
ASNOTED IN MONBOX
PUBLICUTILITYEASEMENT
SET34 IP TAGGED
LS 4953
RECORDDATA
OMINIVAMINSISDMasaIMOOlOMMAIMMINIMONNIMEMNOSIMMO6101111010
00y01000yoyysymycymowyoyoyoy000do y000yoymomeomammon
PUE
0
BASIS QF BEARINGS
BASISOFBEARINGSFOR THISMAPISTHECENTERLINEOFCOXAVENUE
SOUTH 8526 EASTASSHOWNON THESUBDIVISION MAP TRACT4574 RECORDED
INBOOK 292OFMAPSATPAGES23AND 24 SANTACLARACOUNTYRECORDS
2007070
3
247
248
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone
Senior Engineer
SUBJECT: Subdivision Improvement Amendment and Drainage Maintenance Covenant for
Balakrishnan Trust Property
RECOMMENDED ACTION:
1. Approve Amendment to Subdivision Improvement Agreement between the Balu and Mohini
Balakrishnan Trust and the City of Saratoga.
2. Approve the Drainage Maintenance Covenant between the Balu and Mohini Balakrishnan Trust
and the City of Saratoga.
REPORT SUMMARY:
In approximately 2007, the Balu and Mohini Balakrishnan Trust dated June 9, 1993 (“Owner”) purchased
a 1996 subdivision which is comprised of three (3) parcels in the City: 503-78-036 (“Developed Parcel”),
a developed parcel on which the Balakrishnans live and have a single-family dwelling, and parcels 503-78-037 and 503-78-039, which remain undeveloped (the “Undeveloped Parcels”). The Owner executed and recorded a Subdivision Improvement Agreement (“SIA”) with the City, effective December 31, 2007 (recorded October 30, 2008), which required Works of Improvement to be
completed and Improvement Security to be furnished. The SIA and Improvement Security have been
extended the maximum number of times by the Public Works Director and once by the City Council.
The Owner’s current line of credit for improvement security is set to expire at year end.
The Owner has indicated that it does not have the intention of developing either of the Undeveloped
Parcels in the foreseeable future and would therefore like to defer the requirements under the SIA to
complete the Works of Improvement and provide the Improvement Security, until such time as it or
future owner(s) of any of the Undeveloped Parcels develop one or more of those parcels.
The attached Amendment to Subdivision Improvement Agreement, if approved, would allow deferral of
the Owner’s obligation to construct Works of Improvement and deferral of Owner’s obligation to provide
Improvement Security until such time as Owner (or future owner/s if the Owner sells one or more of the
parcels) develops either of the Undeveloped Parcels.
249
Page 2 of 2
As a condition of approval of the Amendment to the SIA and in order to ensure perpetual maintenance
and upkeep of the storm drainage system on the Undeveloped Parcels (which is the only utility on those
parcels, and which was installed by the original subdivider), the Owner also agrees to the terms of a
Drainage Maintenance Covenant. The Covenant, if approved, requires that the Owner maintain the storm
drainage system on the entire property to the satisfaction of the City’s Department of Public Works.
The construction of on-site or off-site improvements has not commenced; there are no public hazards or unfinished improvements. It is therefore recommended the City Council approve the Amendment, granting the deferral of the
requirement to complete Works of Improvement and deferral of the obligation to provide Improvement
Security. It is also recommended that the City Council approve the Drainage Maintenance Covenant,
requiring that the Owner maintain the storm drainage system on the property.
FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The Subdivision Improvement Amendment and Drainage Maintenance Covenant will not be executed.
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION: The Amendment to the Subdivision Improvement Agreement and the Drainage Maintenance Covenant will recorded by the City Clerk.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s website in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
1. Amendment to Subdivision Improvement Agreement
2. Drainage Maintenance Covenant
3. Recorded Subdivision Improvement Agreement
250
Amendment to Subdivision Improvement Agreement (Balakrishnan Trust) Page 1
RECORDING REQUESTED BY:
CITY OF SARATOGA
AFTER RECORDATION RETURN TO:
CITY OF SARATOGA Attn: City Clerk
13777 Fruitvale Avenue Saratoga, CA 95070
THIS SPACE FOR RECORDER'S USE
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT AND TO DEFER IMPROVEMENTS CONDITIONED UPON DRAINAGE MAINTENANCE COVENANT
THIS AGREEMENT is entered into effective ________ (“Effective Date”) by and
among the Balu and Mohini Balakrishnan Trust dated June 9, 1993 (hereinafter referred to as “Owner” and/or “Subdivider,” (“Subdivider” by virtue of being assignee of the “Previous Owners” Mostaan Parviz and Ouraie Farzaneh, who in turn were assignees of the “Original
Subdivider” Thomas E. Burke and Hope E. Burke 1985 Trust – which status Owner hereby
acknowledges) and the City of Saratoga (hereinafter referred to as “City”) with reference to
property known as Assessor’s Parcel Numbers: 503-78-033, 503-78-035, 503-78-036, and 503-78-037 and 503-78-038 (“Original Subdivision”), as described in more detail in Exhibit A hereto. Currently parcel 503-78-036 is the only developed parcel (“Developed Parcel”).
Currently parcels 503-78-037 and 503-78-039 (the latter being the combination of original
parcels 503-78-033, 503-78-035 and 503-78-038) remain undeveloped (the “Undeveloped
Parcels”).
RECITALS
WHEREAS, in connection with the development of the subdivision of the Property
(hereinafter also known as “subject subdivision”), the Original Subdivider previously filed with the City of Saratoga Community Development Director a tentative map of said subdivision
(referenced by the City as SD 95-004), which said tentative map was duly approved by City by
Resolution Number SD 95-004 dated July 24, 1996; and
WHEREAS, the Original Subdivider previously filed with the City of Saratoga City Clerk a parcel map or final map (hereinafter “Map” as applicable) of the subject subdivision,
which said Map was duly approved by the City Council on July 16, 1997; and
WHEREAS, Owner/Subdivider has previously executed and recorded a Subdivision
Improvement Agreement effective December 31, 2007 and recorded October 30, 2008 as Document # 20033350, attached as Exhibit B hereto; and
251
Amendment to Subdivision Improvement Agreement (Balakrishnan Trust) Page 2
WHEREAS, Section 3(f) of the Subdivision Improvement Agreement requires
Owner/Subdivider to furnish to the City improvement security, as required by Section 5 of the
Subdivision Improvement Agreement and by City Code Section 14-60.020; and
WHEREAS, the subject subdivision was created in 1997 but only one parcel, 503-78-
036, the Developed Parcel, has been developed and only subdivision improvements (e.g., road,
utilities) related to the developed property have been constructed; and
WHEREAS, the Owner/Subdivider purchased the Developed Parcel (503-78-036) in 2006 from someone other than the Original Subdividers; and
WHEREAS, the Original Subdivider sold the Undeveloped Parcels 505-78-037 and 503-
78-039 to Previous Owners, with the Previous Owners assuming the responsibility for the
subdivision improvements related to the Undeveloped Parcels; and
WHEREAS, the Owner subsequently purchased the Undeveloped Parcels (505-78-037
and 503-78-039) from the Previous Owners in January of 2008; and
WHEREAS, the Previous Owners, in conjunction with the sale of the Undeveloped Parcels to Owners, requested release of their improvement security and their Subdivision
Improvement Agreement, and prior to such release, the City required the Owner to execute and
record a new Subdivision Improvement Agreement (which Owner did as described above, and
attached hereto as Exhibit B) and to furnish the required improvement security (which Owner
provided in the form of a letter of credit); and
WHEREAS, the Subdivision Improvement Agreement and Owner/Subdivider’s
improvement security have been extended one or more times; and
WHEREAS, Owner lives in the single-family dwelling on the Developed Parcel (503-78-036) and the Undeveloped Parcels (505-78-037 and 503-78-039) in the subject subdivision
remain vacant and Owner represents that it does not have any intention to develop either of the
Undeveloped Parcels in the foreseeable future; and
WHEREAS, Owner has requested City to defer the requirements that Owner construct all required Works of Improvement under Section 3 and furnish the improvement security under
Sections 3(f) and 5 of the Subdivision Improvement Agreement; and
WHEREAS, City is willing to amend the Subdivision Improvement Agreement to defer
the requirement that Owner construct all required Works of Improvement under Section 3 and the requirement that Owner furnish the improvement security under Sections 3(f) and 5 of that
Agreement in accordance with the terms and conditions set forth herein; and
WHEREAS, the City and Owner/Subdivider agree as a condition of approval of this
Amendment, that Owner is responsible at all times for maintenance of the storm drainage system on the Developed and Undeveloped Parcels, pursuant to the Drainage Maintenance Covenant,
attached as Exhibit C hereto.
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AGREEMENT TO AMEND
NOW, THEREFORE, in consideration of the above RECITALS and the mutual promises
and covenants of the parties hereto, the Subdivision Improvement Agreement of the Owner recorded October 30, 2008 as Document# 20033350 is amended as follows:
1. Deferral of Obligation to Construct Works of Improvement. Owner of the Property
as subdivided continues to have the obligation to carry out, complete and maintain the
Works of Improvement in accordance with the Subdivision Improvement Agreement recorded October 30, 2008 as Document# 20033350; however, such obligation is
hereby deferred until Owner or future owner(s) of any of the Undeveloped Parcels
develops one or more of the Undeveloped Parcels.
2. Deferral of Improvement Security Requirement. The requirement that Owner of the Property as subdivided furnish to the City the improvement security required by Sections 3(f) and 5 of the Subdivision Improvement Agreement, recorded October 30,
2008 as Document# 20033350, is hereby deferred until Owner or future owner(s) of
any of the Undeveloped Parcels develops one or more of the Undeveloped Parcels.
3. No Obstruction or Interference. Owner agrees that any and all construction or
improvement (other than the repaving and maintenance of the existing driveway on
the Developed Parcel that is shared by the subdivided parcels) on the subject
subdivision which would obstruct or interfere in any way with installing the Works of
Improvement is precluded absent an Encroachment Permit duly obtained from the City, and if, in any event, any obstruction, interference or encroachment as to any
Work of Improvement intended to be installed occurs, the same shall be eliminated
before the start of development of any one or more of the Undeveloped Parcels at
Owner’s sole expense. “Interfere” as used in this Section shall include any adverse
impact on adequate access for installation and maintenance of the Works of Improvement as determined in the sole discretion of the City.
4. Indemnification. Owner herby agrees to indemnify, defend and hold harmless the
City, its officers, officials, boards, commissions, employees, agents and volunteers
from and against any and all claims, demands, actions, costs, expenses or liabilities arising from or resulting in any manner from the use, erection, construction or
maintenance of any obstruction, interference or encroachment into any area where
any Work of Improvement is intended to be installed, accessed or maintained, or the
failure to comply with any term or condition of any Encroachment Permit or this
Agreement, or the action(s) of the City in authorizing Owner to occupy any portion of the subject subdivision without completion of any or all Works of Improvement, or in
executing this Agreement or in issuing any related Encroachment Permit.
5. Agreement Binding on Successors of Undeveloped Parcels and Any Successor of
Undeveloped Parcels Required to Execute Acknowledgment. This Amendment to the Subdivision Improvement Agreement shall be binding upon the successors and
assigns of Owners and future owner(s) of the Undeveloped Parcels. Owner shall
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inform potential buyers of any of the Undeveloped Parcels of land of the obligations
on successors and assigns created by this Agreement. Each successive owner shall
provide a copy of the executed Subdivision Improvement Agreement and the
Amendment thereto to each successor owner of any of the Undeveloped Parcels who shall execute an acknowledgment of his/her acceptance of the rights and
responsibilities under the Subdivision Improvement Agreement and this Amendment
thereto, pursuant to the form provided in Exhibit D attached hereto.
6. All Other Provisions Remain in Full Force and Effect. All provisions of the Subdivision Improvement Agreement effective December 31, 2007 and recorded October 30, 2008 as Document# 20033350 which are not expressly and directly
modified by this Amendment shall remain in full force and effect.
7. Authority to Execute. Each of the signatories hereto warrants and represents that he or she has the authority to sign this Agreement and to bind any party on whose behalf said signature is made and/or to bind any property with respect to which said
signature is made.
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IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto
on December ____, 2011.
Date _________ Owner/Subdivider: Balu and Mohini Balakrishnan Trust
dated June 9, 1993
______________________________
Balu Balakrishnan, individually and as Co-Trustee
______________________________
Mohini Balakrishnan, individually and as Co-Trustee
Date__________________ City of Saratoga
By: __________________________ Dave Anderson,
City Manager
Attachments: Exhibit A – Legal Description of Property Exhibit B – Subdivision Improvement Agreement
Exhibit C – Drainage Maintenance Covenant
Exhibit D – Acknowledgment of Acceptance of the Rights and Responsibilities
under the Subdivision Improvement Agreement
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INSTRUCTIONS
This Agreement shall be recorded. Owner(s) signature(s) must each be acknowledged by
a notary. Inform the notary that the acknowledgement is for an instrument to be recorded (California Civil Code §1169, et seq.)
ACKNOWLEDGEMENT
State of California )
County of )
On ______________________________________ before me, ,
personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
ACKNOWLEDGEMENT
State of California )
County of )
On ______________________________________ before me, , personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
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Signature ______________________________ (Seal)
ACKNOWLEDGEMENT
State of California )
County of )
On ______________________________________ before me, ,
personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
[Seal]
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EXHIBIT A [INSERT PROPERTY DESCRIPTION]
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EXHIBIT B [INSERT SUBDIVISION IMPROVEMENT AGREEMENT]
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EXHIBIT C [INSERT DRAINAGE MAINTENANCE COVENANT]
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EXHIBIT D
ACKNOWLEDGMENT OF ACCEPTANCE OF THE RIGHTS AND
RESPONSIBILITIES UNDER THE ATTACHED SUBDIVISION IMPROVEMENT AGREEMENT AND THIS AMENDMENT THERETO I, _______________________________ (name of purchaser of parcel of property in the subject
subdivision shown on parcel map or final map (hereinafter “Map” as applicable) of the subject
subdivision, which said Map was duly approved by the City Council Resolution No. SD 95-004 dated July 16, 1997 creating parcels known as Assessor’s Parcel Number(s): 503-78-033, 503-
78-035, 503-78-036, 503-78-037, and 503-78-038 as described in more detail in Exhibit A hereto
(the “Property”), do hereby acknowledge that I accept the rights and responsibilities under
that Subdivision Improvement Agreement effective December 31, 2007 and recorded
October 30, 2008 as Document# 20033350 and under the Amendment thereto executed effective __, 20__ and recorded __, 20__ as Document # __________. A copy of such
Agreement and Amendment thereto is attached and I understand that the same shall be binding
upon me and on my successors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser as set forth below.
PURCHASER:
Date: __________________________________
By: ___________________________________
Name: _________________________________
Its: ____________________________________
Attachments: (1) Subdivision Improvement Agreement (2) Amendment to Subdivision Improvement Agreement
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RECORDING REQUESTED BY:
CITY OF SARATOGA
AFTER RECORDATION RETURN TO:
CITY OF SARATOGA Attn: City Clerk
13777 Fruitvale Avenue Saratoga, CA 95070
THIS SPACE FOR RECORDER'S USE
DRAINAGE MAINTENANCE COVENANT
THIS COVENANT AGREEMENT is made and entered into effective this _______ day
of December, 2011 by and between the CITY OF SARATOGA, a municipal corporation, (hereinafter referred to as “CITY”), and the Balu and Mohini Balakrishnan Trust, (hereinafter referred to as “OWNER”).
RECITALS
WHEREAS, OWNER is the owner of certain real property located in the City of Saratoga, County of Santa Clara, State of California, known as Assessor’s Parcel Numbers: 503-
78-036, 503-78-037, and 503-78-039 (parcel 503-78-039 being the combination of original
parcels 503-78-033, 503-78-035 and 503-78-038) as described in more detail in Exhibit A hereto (“Property”); and
WHEREAS, OWNER AND CITY have entered into a SUBDIVISION
IMPROVEMENT AGREEMENT, recorded October 30, 2008 as Document # 20033350 and
attached as Exhibit B hereto (“SIA”); and
WHEREAS, OWNER AND CITY have agreed to an Amendment to the Subdivision
Improvement Agreement, attached as Exhibit C hereto (“Amendment to SIA”); and
WHEREAS, only one parcel, 503-78-036 (“Developed Parcel”), has been developed and
only subdivision improvements (e.g., road, utilities) related to the developed property have been constructed; and
WHEREAS, OWNER lives in the single-family dwelling on the Developed Parcel (503-
78-036), and parcels 505-78-037 and 503-78-039 (“Undeveloped Parcels”) of the Property
remain vacant and OWNER represents that it does not have any intention to develop either of the Undeveloped Parcels in the foreseeable future; and
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WHEREAS, the Amendment to SIA allows for the deferral of obligations to (1) construct
certain Works of Improvement and (2) to furnish improvement security (as required by the SIA)
until the OWNER or future owner(s) actually develops either of the Undeveloped Parcels (503-
78-037 or 503-78-039); and
WHEREAS, the Undeveloped Parcels have storm drain systems as the sole utility
systems installed on the lots that may require maintenance in the future, notwithstanding the lots
remaining undeveloped or unsold; and
WHEREAS, the CITY would like to ensure that the storm drainage system is maintained
on the Undeveloped Parcels, as a condition for approval of the Amendment to SIA; and
WHEREAS, the Drainage Maintenance Covenant does not change the OWNER’s already
existing responsibility to maintain the storm drainage system on the Developed Parcel and OWNER shall remain responsible for such maintenance.
NOW, THEREFORE, the OWNER and CITY hereby agree as follows:
1. Storm Drain System Maintenance
OWNER agrees to maintain the storm drainage system on the Undeveloped Parcels to the
satisfaction of the CITY’s Director of Public Works (“DPW”). OWNER agrees that the DPW
shall have the right to reject any or all of the work or maintenance to be performed under this
Agreement if such work does not, in the DPW’s sole determination, conform to CITY standards, or any applicable law, rule, regulation, permit, or condition of approval.
2. Perpetual Maintenance of Storm Drain System
At all times OWNER, at no cost or expense to CITY, shall cause said storm drainage system to be at all times perpetually kept and maintained in good and orderly condition, repair and
maintenance, in conformance with the requirements of CITY regulations.
3. Right to Inspection
The CITY maintains the right, but no obligation, to enter the Property to inspect the storm
drainage system at reasonable times to determine if it is kept and maintained in good and orderly
condition, repair and maintenance, in conformance with the requirements of CITY regulations.
Although CITY maintains this right, nothing herein shall be construed to impose any duty,
responsibility, or obligation upon the CITY to inspect, visit or otherwise view said storm drainage system for purposes of determining whether upkeep and maintenance repairs are
required pursuant to this Agreement.
4. Failure to Perform Under Agreement
When, in the sole determination of the DPW, said storm drainage system has not been
maintained in compliance with applicable requirements or has deteriorated to such an extent that
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the system no longer meets specific maintenance requirements, the DPW may give written notice
of the deficiencies to OWNER and demand for correction thereof. In the event OWNER fails to
perform and complete the corrective work within ninety (90) days following receipt of the
written demand from the DPW (or if the corrective work is of such nature that it cannot reasonably be completed within ninety (90) days, then in the event OWNER fails to promptly
commence such work and prosecute the same diligently to completion), then OWNER hereby
consents that CITY shall have the right, but not the obligation, to enter the Property and to cause
such corrective work to be performed, in whole or in part, by its own agents and employees or by
outside contractors retained by CITY for such purpose.
Any and all costs or expenses incurred by CITY in connection with the performance of the
corrective work shall be charged to OWNER and shall be immediately due and payable by
OWNER to CITY within thirty (30) days after OWNER’s receipt of CITY’s written demand.
Until such charges are paid in full by OWNER, the amount thereof shall constitute a lien and encumbrance upon the Property. Said lien may be enforced in a civil action brought in the name
of CITY in any Court of competent jurisdiction, or in the alternative (in the CITY’s sole
discretion), shall constitute a special assessment for nuisance abatement against the Property and
shall be collected at the same time and in the same manner as real property taxes are collected by
CITY, all the provisions relating to tax delinquency being made applicable thereto.
In addition, until the corrective work required by the CITY is completed to the satisfaction of the
DPW and/or all costs or expenses incurred by the CITY in its performance of the corrective work
is paid in full, CITY may deny any required approval or permit for development of any portion
of any of the Undeveloped Parcels or, in the CITY’s sole discretion, condition issuance any such approval or permit on completion of such corrective work and/or payment in full of such costs
and expenses.
Nothing herein contained shall be construed to impose any duty, responsibility, or obligation
upon the DPW to inspect, visit or otherwise view said storm drainage system for purposes of determining whether upkeep and maintenance repairs are required pursuant to this Agreement, or
to take any action whatsoever, pursuant to this section.
5. No Waivers
Enforcement of the terms of this Agreement shall be at the sole discretion of the CITY, and any
forbearance by the CITY to exercise its rights under this Agreement in the event of any breach of
any term of this Agreement by OWNER shall not be deemed or construed to be a waiver by the
CITY of such term or of any subsequent breach of the same or any other term of this Agreement
or of any of the CITY’s rights under this Agreement. No delay or omission by the CITY in the exercise of any right or remedy upon any breach by OWNER shall impair such right or remedy
or be construed as a waiver. Notwithstanding any other provision of law, all waivers must be
express and in writing.
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6. Indemnification and Defense
OWNER shall hold harmless, indemnify and defend CITY and its respective officers, directors,
governing members, employees, volunteers, contractors, partners, insurers, attorneys, agents, successors and assigns of each of them (collectively “Indemnified Parties”) from and against all
liabilities, penalties, costs, losses, orders, liens, charges, damages, expenses, causes of action,
claims, demands or judgments, including, without limitation, reasonable attorneys’ fees, arising
from or in any way connected with:
(a) Injury to or the death of any person or physical damage to any property, resulting from
any act, omission, condition or other matter related to or occurring on or about the
Undeveloped Parcels, or CITY property on which any storm drainage systems or
improvements are installed, regardless of cause, and including any liability for any active
or passive negligence of any of the Indemnified Parties arising out of or related to the storm drainage system improvements, unless due to the sole negligence or willful
misconduct of any of the Indemnified Parties;
(b) Any claim based on the existence or administration of this Agreement, or the
enforcement or nonenforcement thereof.
7. Liability for Non-Performance and Personal Injuries
Neither CITY nor any of its officers, employees or agents shall be liable to OWNER or
OWNER’s contractors for any error or omission arising out of or in connection with any work to be performed under this Agreement. Nor shall CITY be liable to OWNER or to any other person, firm or corporation whatsoever, for any injury or damage that may result to any person or
property by or from any cause whatsoever in, on, or about the Undeveloped Parcels, or the City
Property, covered by this Agreement, or any part thereof.
8. Obligations of Owner
Notwithstanding the fact that OWNER’s plans, completion of the work, and other acts are
subject to approval by the CITY, it is understood and agreed that any approval by CITY thereof
shall not relieve OWNER from satisfactorily maintaining the storm drain system(s) under this Agreement. Compliance with the CITY’s standards, specifications and all applicable laws, rules,
regulations, permits and conditions of approval shall be the sole responsibility of the OWNER.
OWNER hereby warrants that its plans and specifications will comply with all of CITY’s
standards, specifications and ordinances and that the work done pursuant thereto shall be in
conformity with the said standards, specifications and ordinances and that the OWNER’S plans and specifications are adequate to accomplish the work in a good workmanlike manner and in
accordance with sound drainage maintenance practices. This warranty shall survive any review,
inspection or approval by the DPW and any other CITY officers, employees or agents.
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9. Notices
Any notice, demand, request, consent, approval, or communication that any party desires or is
required to give to any other party shall be in writing and may be served in any one of the following ways: personally, by mail, or by overnight delivery service (such as Federal Express)
addressed as follows:
To OWNER:
Balu and Mohini Balakrishnan Trust dated June 9, 1993 c/o 21789 Villa Oaks Lane
Saratoga, CA 95070
To CITY:
Director of Public Works City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
or to such other address as any party from time to time shall designate by written notice to all other parties. Such notice shall be deemed to be effective when delivered if served personally or
sent via overnight delivery service, and five days after being deposited in the mail.
10. General Provisions
(a) Controlling Law. The interpretation and performance of this Agreement shall be
governed by the laws of the State of California. OWNER and CITY have all of the rights
and remedies available to them under the laws of the State of California.
(b) Severability. If any provision of this Agreement is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision to any person or circumstance other than those as to which it has been found to be invalid, shall not be
affected thereby, unless such provision was a material consideration for this Agreement.
(c) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the maintenance of the storm drainage system and supersedes all prior
understandings, discussions, negotiations, or agreements relating to the Agreement, all of
which are merged herein. No alteration or variation of this instrument shall be valid or
binding unless OWNER and CITY jointly amend this Agreement in writing.
(d) Successors. The covenants, terms, conditions, and restrictions of this Agreement shall
constitute covenants running with the land and shall be binding upon, and inure to the
benefit of, the parties hereto and their respective personal heirs, representatives,
successors, transferees and assigns. All such heirs, representatives, successors,
transferees and assigns shall be bound to every provision in this Agreement, whether or not this Agreement is referred to in the instrument by which such heirs, representatives,
successors, transferees or assigns acquire an interest in the Undeveloped Parcels.
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(e) Captions. The captions in this instrument have been inserted solely for convenience of
reference and are not a part of this instrument and shall have no effect upon construction
or interpretation.
(f) Warranty of Authority. Each person executing this Agreement on behalf of a party
represents and warrants that such person is duly and validly authorized to do so and has
full right and authority to enter into this Agreement and all of its obligations hereunder.
(g) Timing of Agreement. The Parties hereby agree that time is of the essence as to this
Agreement.
11. Independent Legal Counsel
The undersigned parties acknowledge their right to obtain independent legal advice prior to entering into this Agreement. The undersigned parties have either obtained the advice of legal
counsel prior to entering into this Agreement or voluntarily waive the right to do so by signing it.
The undersigned parties execute this Agreement voluntarily with full knowledge of any rights
they may have, with full knowledge of the significance of this Agreement, and with the express intention of effecting the legal consequences provided by the laws of the State of California.
IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto
on December ____, 2011.
Date _________ Owner/Subdivider: Balu and Mohini Balakrishnan Trust
dated June 9, 1993
______________________________ Balu Balakrishnan, individually and as Co-Trustee
______________________________ Mohini Balakrishnan, individually and as Co-Trustee
Date__________________ City of Saratoga By: __________________________
Dave Anderson,
City Manager
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Balakrishnan Trust Drainage Maintenance Agreement Page 7
Attachments: Exhibit A – Legal Description of Property
Exhibit B – Subdivision Improvement Agreement
Exhibit C – Amendment to Subdivision Improvement Agreement
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Balakrishnan Trust Drainage Maintenance Agreement Page 8
INSTRUCTIONS This Agreement shall be recorded. Owner(s) signature(s) must each be acknowledged by
a notary. Inform the notary that the acknowledgement is for an instrument to be recorded
(California Civil Code §1169, et seq.)
ACKNOWLEDGEMENT
State of California ) County of )
On ______________________________________ before me, ,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
ACKNOWLEDGEMENT
State of California )
County of )
On ______________________________________ before me, ,
personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
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ACKNOWLEDGEMENT
State of California ) County of )
On ______________________________________ before me, ,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
[Seal]
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EXHIBIT A [INSERT PROPERTY DESCRIPTION]
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EXHIBIT B [INSERT SUBDIVISION IMPROVEMENT AGREEMENT]
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EXHIBIT C [INSERT AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT]
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SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM:
DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson
PREPARED BY: Michael Taylor
DIRECTOR: Michael Taylor, Recreation & Facilities Director, Risk Manager
SUBJECT: Approval of Library Improvement Project and Authorizing Use of Library Improvement Fund
RECOMMENDED ACTION:
Authorize use of approximately $5,000 in savings of the Saratoga Library Improvement Fund
(LBIF) and approve a Post Indicator Valve (PIV) fire alarm project to improve and enhance the Saratoga Library.
BACKGROUND:
On July 14, 2011, Council approved a total of $290,000 for a variety of Library Improvements,
affectively allocating all remaining Library Building Improvement Funds. The approved projects included the installation of solar panels, improved roof access, and workroom floor replacement. Orders for the roof access safety improvements have been completed. The budget for this portion
of the project was $19,000 and the actual cost was less than $14,000, resulting in over $5,000
savings under the estimated budget. Bids for the installation of the solar and workroom floor are
still being collected with the projects expected to be awarded in January or February. REPORT SUMMARY: According to Library staff, the PIV fire alarm has never operated properly and was disconnected
approximately 5 years ago to eliminate the false alarms. Library staff has requested that a
functioning PIV alarm be installed using the LBIF savings. City staff attended the December 7th
Library Commission meeting and received unanimous
approval to use the savings for the installation of the alarm.
DISCUSSION: Should Council approve the expenditure of $4,600 plus $400 contingency for the improvement of the Saratoga Library PIV alarm?
FISCAL IMPACTS:
All projects would be funded by the Library Bond. Any extraordinary expenses associated with the project may be funded through the City Facility Building Maintenance accounts.
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2
FOLLOW UP ACTION: Staff will begin contracting the project. The City Manager will sign and execute the agreement
with the selected contractor.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Library PIV alarm improvement project would not be performed.
ALTERNATIVE ACTION:
None recommended.
ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site on December 16, 2011
in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga
Branch Library and other public locations each Monday in advance of the Council meeting. ATTACHMENTS: None.
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SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: Commission Qualifications and Expiring Terms
RECOMMENDED ACTION:
Accept the list of Commission qualifications and terms expiring in the 2012 calendar year.
BACKGROUND:
As required by the Maddy Act (Government Code Section 54970-54974) and as stated in
Municipal Code Section 2-12.010(f), “on or before December 31 of each year, the City Clerk
shall prepare and the City Council shall adopt a list of all Commissions containing the following
information:
1. A list of the qualifications necessary for each Commissioner position; and
2. A list of all Commissioner terms which will expire during the next calendar year,
including the name of the incumbent Commissioner, the date of appointment, the date the
term expires and the qualifications necessary for the position.
This list shall be made available to the public and shall be posted in the office of the City Clerk
and at the Saratoga Library.”
All Saratoga Commissioners are required to be residents of Saratoga and a registered voter in the
City of Saratoga, with the exception that one member of the Library Commission must be a
resident of Monte Sereno and Youth Commissioners are not required to be registered voters.
Additionally, each Commission applicant must attend at least one meeting of the Commission he
or she is applying to before being interviewed by the City Council. Commissioners may not hold
an elected public office and cannot be employed by the City of Saratoga.
Commission terms are 4 years and Commissioners are limited to two full consecutive terms on a
single Commission. Partial terms are not considered full terms. Youth Commission terms,
however, are 2 years and there are no restrictions on the number of terms a Youth Commissioner
can serve.
Attached is a list detailing special qualifications for each of the City’s Commissions and terms
that will be expiring in the 2012 calendar year. Commission attendance records are also noted in
Attachment B.
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FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A: Commission Qualifications and Terms Expiring in 2012
Attachment B: Commission Attendance Records
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Commission Terms Expiring in 2012 and Commission Qualifications
Heritage Preservation Commission
Special Qualifications
- One member to be nominated by the Saratoga Historical Foundation.
- Two members must be trained and experienced in the field of construction and structural
rehabilitation, such as a licensed architect, engineer, contractor, or urban planner. Terms Ending in 2012
Joan Gomersall
- Appointed April 2006, reappointed April 2008, current term ends April 1, 2012
- Eligible for reappointment Paul Conrado - Appointed January 2009 to fill unexpired term, current term expires April 1, 2012
- Eligible for reappointment
Library Commission
Special Qualifications
- One member is nominated by the City of Monte Sereno.
Terms Ending in 2012 Helen Lemmon
- Appointed April 2004, reappointed April 2009, current term expires October 1, 2012
- Eligible for reappointment
Parks and Recreation Commission
Special Qualifications - No special qualifications
No Terms Ending in 2012
Mark Johnson
- Appointed April 2009 to fill unexpired term, current term ends October 1, 2012 - Eligible for reappointment
Terence Ward
- Appointed October 2011 to fill unexpired term, current term ends October 1, 2012
- Eligible for reappointment
Christine Zak - Appointed October 2011 to fill unexpired term, current term ends October 1, 2012
- Eligible for reappointment
Planning Commission
Special Qualifications
- No special qualifications, however, members must be able to attend regular meetings that are held on the 2nd and 4th Wednesday of the month at 7:00 p.m. in the Civic Theater, site
visits held the day before public hearings, Commission study sessions, and City Council
meetings when necessary.
Terms Ending in 2012 - None
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Traffic Safety Commission
Special Qualifications - No special qualifications
Terms Ending in 2012
Michael Bustamante
- Appointed April 2004, reappointed April 2008, current term ends April 1, 2012 - Not eligible for reappointment
Youth Commission
Special Qualifications
- Members must be a resident of Saratoga in grade 7-12 while serving on the Youth
Commission. Terms Ending in 2012
Jane Chang
- Appointed June 2010, current term ends July 1, 2012
- Eligible for reappointment Kia Fariba
- Appointed June 2006, reappointed June 2008, reappointed June 2010, current term
ends July 1, 2012
- Not eligible for reappointment, graduating from high school in 2012
Kaitlin Finch - Appointed June 2008, reappointed June 2010, current term ends July 1, 2012
- Eligible for reappointment
Somya Khare
- Appointed June 2010, current term ends July 1, 2012
- Eligible for reappointment Sierra Smith
- Appointed June 2010, current term ends July 1, 2012
- Eligible for reappointment
Anu Sreedhara
- Appointed June 2010, current term ends July 1, 2012 - Eligible for reappointment
Sokena Zaidi
- Appointed June 2011, current term ends July 1, 2013
- Graduating from high school in 2012, which ends current term early
- Not eligible for reappointment Vacant Seat
- Term ends July 1, 2012
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Commission Absence Records for Current Commissioners
Heritage Preservation Commission
Commissioner Name Number of Absences from Regular Meetings
Cappello 1
Conrado 1
Gomersall None
Heid 1
Marchetti 1
Marra 1
Shah 1
Library Commission
Commissioner Name Number of Absences from Regular Meetings
Andres None
Baxter None
Lemmon None
McBane Mulford None
Whitcomb None
Parks and Recreation Commission
Commissioner Name Number of Absences from Regular Meetings
Bruno None
Johnson None
Soukup None
Ward None
Zak None
Planning Commission
Commissioner Name Number of Absences from Regular Meetings
Bernald 1
Grover 3
Hlava 3
Reis 1
Robertson 1
Walia 2
Zhao 4
Traffic Safety Commission
Commissioner Name Number of Absences from Regular Meetings
Biester 1
Bustamante 1
Coulter None
Guichard None
Kirk None
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Musselman None
Vita None
Youth Commission
Commissioner Name Number of Absences from Regular Meetings
Chang None
Chien 1
Fariba None
Finch None
Khare None
Pandya None
Smith 1
Sreedhara 1
Tang None
Zaidi None
Vacant Position
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SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: Amendment to Weed Abatement Agreement
RECOMMENDED ACTION:
Approve the amendment to the agreement between the County of Santa Clara and the City of
Saratoga for abatement of weeds and authorize the Mayor to sign the agreement amendment.
BACKGROUND:
The Santa Clara County Department provides weed abatement services to a number of cities in
the County, including Saratoga. Through the program, the County Department of Agriculture
identifies properties in Saratoga with hazardous vegetation that represent a fire and/or health
hazard. The hazardous vegetation on these properties is abated by either the County or the
property owner.
The current agreement for weed abatement between the County of Santa Clara and the City of
Saratoga was adopted in November 1981. Since then, the agreement has been amended several
times to modify the charge for the County’s program costs to administer the Hazardous
Vegetation Management Program. These charges pay for the full cost of the Hazardous
Vegetation Management Program and are paid for by the owners of properties where hazardous
vegetation has been identified.
If approved, the agreement amendment (Attachment A) would change fees charged to property
owners from a percentage-based fee determined by the County contractors’ weed abatement costs
to a fixed-rate fee. All other elements of the agreement and program will remain the same.
FISCAL IMPACTS:
There are no fiscal impacts to the City of Saratoga as a result of the Weed Abatement Program.
The Santa Clara County Department of Agriculture expenses are recovered through the Weed
Abatement Program administrative fees charged to property owners.
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CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A: Proposed Amendment to the Agreement Between the County of Santa Clara
and City of Saratoga for Abatement of Weeds
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SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: 2012 Hazardous Vegetation Program Commencement Resolution
RECOMMENDED ACTION:
Approve resolution declaring hazardous vegetation (weeds) as a public nuisance and setting a
public hearing on January 18, 2012 to consider objections to the Abatement List.
BACKGROUND:
The purpose of the Santa Clara County Department of Agriculture Weed Abatement Program is
to prevent fire hazards posed by vegetative growth and the accumulation of combustible
materials. The County Department of Agriculture provides weed abatement services to a number
of cities in the County, including Saratoga.
The attached resolution represents the first step in Saratoga’s Hazardous Vegetation Abatement
Program. Parcels throughout the City that represent a potential hazard due to weeds or
combustible debris have been added to an Abatement Program list maintained by the County.
The attached resolution declares the vegetation or debris on these properties in Saratoga as being
a potential hazard and public nuisance.
If the attached resolution is approved, property owners on the Abatement List will receive a
notice from the County indicating that their property has been identified as a potential fire hazard
and public nuisances on their property must be abated by removal of any hazardous vegetation or
combustible debris. Additionally, the attached resolution indicates that the City of Saratoga will
hold a public hearing at the January 18, 2012 City Council Meeting where objections to the
proposed nuisance abatement can be heard and given due consideration.
During the public hearing on January 18, 2012, the Council will be asked to approve the Weed
Abatement Program. If approved, the County will be authorized to perform an inspection of
properties on the Abatement List to determine if the property has met Weed Abatement Program
requirements. Property owners will have until April 15, 2012 to abate their property.
Property owners that do not comply with minimum fire safety standards by April 15, 2012 will
be charged a $250 inspection fee and the property will be scheduled for abatement by the County
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contractor. If abatement work is completed by a County contractor, the property owner will be
assessed the contractor’s fees to perform the work plus a County administrative fee of $169 per
parcel.
FISCAL IMPACTS:
There are no fiscal impacts to the City of Saratoga as a result of the Weed Abatement Program.
The Santa Clara County Department of Agriculture expenses are recovered through the Weed
Abatement Program administrative fees charged to property owners.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The Weed Abatement Program in the City of Saratoga would not proceed.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Prior to abatement, property owners on the Abatement List will receive three notices informing
them that the hazardous vegetation on their property must be abated by the owner or by the
County. The notices inform the property owner that the County abatement will commence if
work is not performed by the property owner. Additionally, the first two notices inform the
property owner that objections to properties on the Abatement List can be made at the public
hearing scheduled for January 18, 2012. The public hearing will also be noticed in the Saratoga
News.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A: Resolution Declaring Hazardous Vegetation (Weeds) as a Public Nuisance and
Setting Public Hearing Date
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RESOLUTION 11-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING HAZARDOUS VEGETATION (WEEDS) TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING DATE TO CONSIDER DECLARATION AS TO SPECIFIC PROPERTIES ON JANUARY 18, 2012
WHEREAS, hazardous vegetation, including weeds and brush, is growing in the City of Saratoga upon certain streets, sidewalks, highways, roads, and private property; and
WHEREAS, the weeds, brush, and rubbish create a fire hazard and/or health; and
WHEREAS, said weeds, brush, and rubbish constitute a public nuisance;
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following:
1. That weeds, brush, and/or rubbish that create a fire hazard and/or health hazard are a public nuisance;
2. That the nuisance exists or recurs upon the streets, sidewalks, highways, roads, and private property,
noted by common name or by reference to the tract, block, lot, code area, and parcel number, on a report
prepared by and on file in the Office of the County Fire Marshal and/or the County Agricultural
Commissioner;
3. That notice of the Public Hearing, described in paragraph 4 below at which the City Council will
consider declaring a public nuisance as to specific properties, is herby ordered to be given to the owners
of those specific properties identified in the report noted in paragraph 2 above;
4. That it is ordered that Wednesday, the 18th day of January 2012, during a Public Hearing at the regular meeting of the Saratoga City Council that will begin at 7:00 p.m. in the Saratoga Civic Theater located at 13777 Fruitvale Avenue in Saratoga, is hereby fixed as the time and place where objections to the
proposed Declaration of Nuisance as to Specific Properties requiring destruction and removal of
hazardous vegetation (weeds) shall be heard and given due consideration;
5. That the County Fire Marshal and/or the County Agricultural Commissioner is hereby designated as the person to cause notice to be given in the manner and form provided in Article 15, Chapter 7 of the
Saratoga City Code, and as the person to hereafter cause abatement of the seasonal and recurring
hazardous vegetation (weed) nuisance described above.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21st day of December 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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______________________________
Chuck Page, Mayor
ATTEST:
DATE:
Crystal Morrow, City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM:
DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson PREPARED BY: Monica LaBossiere DIRECTOR: Mary Furey Human Resources Manager Finance & Administrative Services Director
SUBJECT: Council CalPERS Election of Optional Membership and Pension Reform
RECOMMENDED ACTION: Approve the terms and conditions contained in said Resolution which is attached hereto between the City Council and the City effective December 21, 2011.
BACKGROUND:
California Government Code Section 20322 provides that an “elected officer” is excluded from membership in the California Public Employees’ Retirement System (CalPERS) unless he or she files
with the CalPERS Board of Administration an election in writing to become a member. The election of
optional membership may be filed at any time while a compensated councilmember holds the office (PERS-AESD-59 Form). Once a councilmember establishes membership with CalPERS, it may be
terminated only upon permanent separation from the office. The Human Resources Manager is the contact person to assist councilmembers who are interested in
establishing membership with CalPERS. Newly elected officials receive information from the Human Resources Manager on or before their elected start date. If elected officials opt out of filing to become a
CalPERS member on their elected start date and decide at a later date to file, the later date becomes the
elected official’s vesting start date with CalPERS, not the start date the official was elected. Elected officials have the option to purchase service credit for served time back to the start date the official was elected (PERS-MSD-372 Form).
Retirement benefits through CalPERS are vested with a minimum of 5 years of service. Continuous
service with one jurisdiction/special district is not required; rather it can be accumulated through service
in more than one jurisdiction/special district participating in CalPERS.
Once a councilmember establishes membership with CalPERS the councilmember is eligible to
participate in the health plans offered by CalPERS. Councilmembers who elect to participate in the health plans offered by CalPERS are responsible for paying 100% of the cost of the health plan premium.
To date, the City has three (3) councilmembers whom have established membership with CalPERS and are participating in the City’s 2%@55 retirement plan. To date, no councilmembers are participating in
the health plans offered by CalPERS.
The following is a summary of pension reform measures the City is proposing to the City Council:
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• Retirement: Effective December 21, 2011, councilmembers currently participating in the CalPERS 2%@55 retirement plan will contribute the employee fixed share of seven (7) percent on a pre-tax
basis of his/her monthly stipend of $250.00.
• Pension Reform: Agree to pension reform to include a second tier 2%@60 defined benefit retirement
formula with the highest three (3) year average of salary as part of the retirement calculation for future elected officials.
FISCAL IMPACTS: Each councilmember participating in the CalPERS defined benefit retirement plan will contribute $17.50
per month (7.00% of $250.00 monthly stipend).
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A
ALTERNATIVE ACTION(S): N/A
FOLLOW UP ACTION(S): N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and
was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the
Council meeting.
ATTACHMENTS:
1. Resolution
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING CITY COUNCIL CALPERS ELECTION OF OPTIONAL MEMBERSHIP AND PENSION REFORM
WHEREAS, California Government Code Section 20322 provides that an “elected
officer” is excluded from membership in the California Public Employees’ Retirement System (CalPERS) unless he or she files with the CalPERS Board of Administration an election in
writing to become a member; and
WHEREAS, the election of optional membership may be filed at any time while a
compensated councilmember holds the office (PERS-AESD-59 Form); and
WHEREAS, once a councilmember establishes membership with CalPERS, it may be
terminated only upon permanent separation from the office; and
WHEREAS, if elected officials opt out of filing to become a CalPERS member on their
elected start date and decide at a later date to file, the later date becomes the elected official’s vesting start date with CalPERS, not the start date the official was elected; and
WHEREAS, elected officials have the option to purchase service credit for served time
back to the start date the official was elected (PERS-MSD-372 Form); and
WHEREAS, retirement benefits through CalPERS are vested with a minimum of 5
years of service. Continuous service with one jurisdiction/special district is not required; rather it can be accumulated through service in more than one jurisdiction/special district participating in CalPERS; and
WHEREAS, once a councilmember establishes membership with CalPERS the
councilmember is eligible to participate in the health plans offered by CalPERS; and
WHEREAS, Councilmembers who have established membership with CalPERS and
who elect to participate in the health plans offered by CalPERS are responsible for paying 100%
of the cost of the health plan premium; and
WHEREAS, effective December 21, 2011, councilmembers currently participating in
the CalPERS 2%@55 retirement plan will contribute the employee fixed share of seven (7)
percent on a pre-tax basis of his/her monthly stipend of $250.00; and
WHEREAS, pension reform will include a second tier 2%@60 defined benefit
retirement formula with the highest three (3) year average of salary as part of the retirement calculation for future elected officials; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga hereby adopts a resolution amending City Council CalPERS optional
membership and pension benefits.
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The above and foregoing resolution was passed and adopted by the Saratoga City Council
at a regular meeting held on the 21st day of December 2011, by the following vote:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Chuck Page, Mayor
ATTEST:
DATE:
Crystal Morrow,
City Clerk
318
SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Catherine Engberg, Interim City Attorney DIRECTOR: James Lindsay
SUBJECT: Annexation of 19351 Redberry Drive (APN 510-25-062)
RECOMMENDED ACTION: Approve annexation of 19351 Redberry Drive (APN 510-25-
062), an approximately 1.39 (gross) acre parcel and an adjacent portion of Redberry Drive, all of
which is contiguous with the limits of the City of Saratoga and within the City’s Sphere of
Influence and Urban Service Boundaries.
REPORT SUMMARY: At its meeting of July 6, 2011 the City approved initiation of
annexation proceedings for 19351 Redberry Drive together with a preannexation agreement with
the owners of that parcel and two neighboring landowners. The preannexation agreement
originally contemplated completion of the annexation proceedings within four months but the
applicants requested an extension to February 2, 2012 and that extension was approved by the
City Council on November 2, 2011. The City and the applicants have completed the work
necessary to complete the annexation as contemplated by the attached resolution. The parcel
conforms to the applicable land use and density criteria contained in the City Code and the
General Plan. The parcel has a General Plan designation of Hillside Open Space (OS-H) and is
located in the Hillside Residential (HR) Prezone area.
BACKGROUND: The staff report for the initiation of annexation proceedings is attached and
describes the history and context of the annexation. In summary, the annexation would occur
subject to existing County approvals of a major remodel of the main house on the parcel and a
new second unit, which complies with the County Code but not certain portions of the Saratoga
Code; the City would accept the County approvals as legal non-conforming structures and be
responsible for issuing and administering grading, building, and other permits consistent with the
County approvals and subject to certain modifications described in the Preannexation
Agreement. Pursuant to a request by the County and agreement by the parties, the City would
also annex the adjacent portion of Redberry Drive, which Public Works has inspected and
determined to be in acceptable condition.
ANNEXATION FINDINGS: The Cortese-Knox-Hertzberg Local Government Reorganization
Act of 2000 (the Act) requires the City Council to make findings pursuant to Government Code
Section 56757 prior to adopting the resolution approving the annexation. The attached resolution
makes the following findings based on the information presented in italics following each
finding.
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• The unincorporated territory is within the urban service area of the city as adopted
by Commission. Staff has confirmed that the property to be annexed is within the
City’s Urban Service Area.
• The County Surveyor has determined the boundaries of the proposal to be definite
and certain, and in compliance with LAFCO’s road annexation policies. A map of
the annexation was approved and has been approved by the County Surveyor. A
copy of the letter from the County Surveyor is attached.
• The proposal does not split lines of assessment or ownership. Staff has determined
that the property to be annexed does not split lines of assessment or ownership.
• The proposal does not create islands or areas in which it would be difficult to
provide municipal services. Staff has reviewed the geography of the proposed
annexation and concluded that it would not create an island that presents
difficulties in providing municipal services since the majority of the services will
remain unchanged.
• The proposal is consistent with the adopted General Plan of the City. The land
use designation for the annexation parcel is OS-H (Hillside Open Space). The
land has been pre-zoned HR (Hillside Residential) which is consistent with the General Plan Designation and the nearby zoning. The General Plan provides that
lands in the hillsides should be considered for annexation if they meet the
following Policy:
Policy LU 14 – Land shall not be annexed to Saratoga unless it is
contiguous to the existing city limits, within the Sphere of Influence, and it
is determined by the city that public services can be provided without
unreasonable cost to the City and dilution of services to existing residents.
The annexation parcel is contiguous to the existing city limits, is within the Sphere
of Influence, and has existing public services that would not unreasonably change
the cost to the City or dilute services to existing residents.
CALIFORNIA ENVIRONMENTAL QUALITY ACT: This annexation is categorically
exempt from the California Environmental Quality Act (CEQA) pursuant to the Guidelines for
Implementation of CEQA (14 Cal Code §15319). The Category 19 Exemption includes
annexations of individual small parcels of the minimum size for facilities exempted by Section
15303 which exempts up to three single-family residences. CEQA applies only to projects which
have the potential of causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA. This annexation would not have the
potential to cause a significant effect on the environment because the area contains existing
public utilities.
FISCAL IMPACTS: No impact. The applicant is responsible for all City review fees and
County of Santa Clara processing fees.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
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Future development of the parcel would be subject to requirements of Santa Clara County in lieu
of City of Saratoga development standards.
FOLLOW UP ACTION:
File final resolution with County and proceed with issuance of building permits and other action
contemplated by the preannexation agreement.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was posted as a City Council agenda item and was included in the packet made
available on the City’s web site in advance of the meeting. A copy of the agenda packet is also
made available at the Saratoga Branch Library each Monday in advance of the Council meeting
and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Noticing
is not required.
ATTACHMENTS:
1. Resolution Approving Annexation
2. Legal Description of the Territory to be Annexed
3. Map of Approved Annexation
4. Staff Report for Initiation of Annexation (July 6, 2011)
5. Letter from County Surveyor dated December 1, 2011
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING ANNEXATION OF 19351 REDBERRY DRIVE (APN 510-25-062) WHEREAS, at the request of the property owner, the City Council is considering the
annexation of an approximately 1.39 acre property commonly known as 19351 Redberry Drive,
APN 510-25-062, hereinafter referred to as “the parcel,” and the adjacent portion of Redberry Drive, all of which is collectively referred to as “the territory,” and described in Attachment A; and
WHEREAS, as provided in Government Code Section 56757, the City Council of the
City of Saratoga is the conducting authority for the annexation; and WHEREAS, the territory to be annexed is in the City of Saratoga’s Urban Service Area
and Sphere of Influence and is prezoned as Hillside Residential (HR); and
WHEREAS, the territory is considered uninhabited for the purposes of annexation proceedings because there are fewer than twelve registered voters and there is one hundred percent (100%) owner consent for the annexation proceedings, no notice, public hearing or
election will be required for annexation approval by the City; and
WHEREAS, the City and the owners of the parcel have entered a Preannexation Agreement concerning the territory whereby the City agrees to process and the owners agree to support the annexation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga hereby makes the following findings based on the information presented in the staff report attached to this resolution as Attachment B:
A. That the annexation is exempt from the California Environmental Quality Act CEQA
pursuant to section 15319 of the CEQA Guidelines;
B. That the unincorporated territory to be annexed is within the urban service area of the city as adopted by the Santa Clara County Local Agency Formation Commission.
C. That the Santa Clara County Surveyor has determined that the boundaries of the area
proposed to be annexed are definite and certain, and in compliance with LAFCO’s road annexation policies.
D. That the proposal does not split lines of assessment or ownership and that this fact has
been confirmed by the Santa Clara County Assessor’s Office.
E. That the proposal does not create islands in which it would be difficult to provide municipal services.
F. That the proposal is consistent with the adopted general plan of the City and that the property has been prezoned with the designation Hillside Residential.
G. That the territory is contiguous to the existing City limits.
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H. That the city has complied with all conditions imposed by the LAFCO for inclusion of
the territory in the urban service area of the City.
I. That there are no agencies that would lose or gain territory as a result of the annexation.
J. That all property owners within the annexation area have been informed of these
proceedings and no opposition has been received.
BE IT FURTHER RESOLVED that the annexation of the territory is hereby ordered without
any further protest proceedings and that upon completion of these proceedings the territory will
be annexed to the City of Saratoga which the City will receive taxes upon in accordance with the
previously approved tax exchange agreement.
BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby amends
the City boundary to include the territory in the City of Saratoga effective upon the completion
of these proceedings.
Attachments
A – Legal description of the territory to be annexed
B – Annexation staff report for meeting dated December 21, 2011
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 21st day of December 2011, by the following vote:
AYES:
NAYES: ABSTAIN:
ABSENT:
Howard A. Miller, Mayor ATTEST:
DATE: Crystal Morrow,
City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE:July 6, 2011 AGENDA ITEM:
DEPARTMENT:Community Development CITY MANAGER:Dave Anderson
PREPARED BY:Richard Taylor, City Attorney DIRECTOR:Chris Riordan
SUBJECT:Preannexation Agreement and Initiation of Annexation for 19351 Redberry
Drive (APN 510-25-062)
RECOMMENDED ACTION:Approve attached Preannexation Agreement and resolution
initiating annexation of 19351 Redberry Drive (APN 510-25-062), an approximately 1.39(gross)
acreparcel contiguous with the limits of the City of Saratoga and within the City’s Sphere of
Influence and Urban Service Boundaries.
REPORT SUMMARY:The City has received a request from the owners of 19351 Redberry
Drive (“Applicants”) that their property be annexed into the City of Saratoga. The request is
supported by nearby landowners at 19403 and 19370 Redberry Drive and 19280 Bainter Avenue
(“Neighbors”). The annexation would occur subject to existing County approvals of a major
remodel of the main house and a new second unit that comply with the County Code but not
certain portions of the Saratoga Code; the City would accept the County approvals as legal non-
conforming structures and be responsible for issuing and administering grading, building, and
other permits consistent with the County approvals and subject to certain modifications described
in the Preannexation Agreement. The parcel conforms to the applicable land use and density
criteria contained in the City Code and the General Plan. The parcel has a General Plan
designation of Hillside Open Space(OS-H) and is located in the Hillside Residential (HR)
Prezone area.
PROPOSED PREANNEXATION AGREEMENT:In 2010the Applicants applied for and
received County approvals for a major remodel of the existing main house and for construction
of a second unit. The Neighbors challenged those approvals and the parties explored
opportunities for resolving their differences outside of court and the County appeals process.
The parties have reached a settlement calling for certain modifications to the project as approved
by the County, annexation to the City, and City administration and oversight of the building
process. (Details on the history of the process are included in the recitals to the Preannexation
Agreement included as Attachment 1.)
The attached Preannexation Agreement sets forth the terms under which the City would annex
the property and process permits for the remodel and second unitto be located as described in
Exhibit B to the agreement. The agreement was prepared by the Owner and the Neighborsand
modified somewhat by staff.The Owner and the Neighbors have agreed to all staff’s changes.
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The Preannexation Agreement provides that the City would annex the property subject to the
existing County approvals (and modifications agreed to by the Owners and Neighborsdescribed
in Exhibit B) such that the building plans and a future swimming pool/deck application would
not be subject to compliance with the City’s zoning regulations. The project was designed to
comply with County development standards and does not comply with several City standards
(e.g., height, floor area (due to basement floor area), graded material volume, impervious surface,
andpossiblysetbacks). As with annexations of existing structures built to conform to County but
not City standards, the proposed structures on the annexed property would be considered as legal
non-conforming structuresin accordance with section 15-65.035(a) of the City Code.A copy of
the County approvals will be available for review in the Community Development Department
beginning Tuesday, July 5.
The Preannexation Agreement provides that the City would be responsible for issuing,
administering, monitoring and enforcing all permits required to move forward with the County
approvals as modified by the Preannexation Agreement. Because the County approvals were
issued in 2010 the City would apply the Building Regulations from Chapter 16 of the City Code
that were in effect in 2010. The applicants wouldpay all applicable City fees for the requested
permits. The applicants could apply for necessary permits any time after approval of the
Preannexation Agreement but the City may not issue any permits until the annexation has been
completed.
ANNEXATION PROCEDURES: The Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 (the Act) provides that cities in Santa Clara County may proceed
independently of LAFCO in processing annexation applications within the City’s Urban Service
Area (Government Code Section 56757). A public meeting and noticing is notnecessary and the
City Council mayconsider the Initiation of Annexation as a routine agenda item at a regular
meeting and maywaive protest proceedings because the annexation is being made by a petition
with 100 percent consent of the property owner.
The Act requires that cities follow the procedures used by LAFCO to the extent practicable. The
Act establishes a three-part process for annexations: (1) Initiation of Annexation; (2) Protest
Proceedings which may be waived by the City Council; and (3) Approval of Annexation.
Furthermore, the City Council is required to make findings pursuant to Government Code
Section 56757 prior to adopting the resolution approving the annexation. After the resolution is
adopted, a certified copy of the resolution and paperwork is submitted to LAFCO.
The Act and other state laws require the preparation of a number of documents as part of the
annexation process. These documents fall into three categories: a serviceplan, LAFCO
materials, and the California Environmental Quality Act (CEQA) materials. These are described
below:
Service Plan All annexations are to begin with a proposed service plan for the area to be
annexed. This planincludesa description of the parcel to be annexed; the reasons for the
proposal; and a listing and description includingthe level, range,any change to, and
financing of services to be provided to the annexed parcel (see attachment 2).The service
plan should also include an indication of any improvement or upgrading of structures,
roads, sewer or water facilities, or other conditions that the City would impose or require
on the annexed lands. Noimprovements or upgrades are recommendedas part of this
proposal and all services will be consistent with the current conditions.
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LAFCO Materials –Cities in Santa Clara County proceeding independently of LAFCO
are required to make the findings listed below before approving an annexation. The
formal findings need not be made until the adoption of the final annexation resolution.
Each finding is followed by a brief description of Staff’s review.
That the unincorporated territory is within the urban service area of the city as
adopted by Commission. Staff had confirmed that the property to be annexed is
within the City’s Urban Service Area.
That the County Surveyor has determined the boundaries of the proposal to be
definite and certain, and in compliance with LAFCO’s road annexation policies.
A map will be prepared and providedto the County Surveyor once initiation of
annexation has been approved by the City Council.
That the proposal does not split lines of assessment or ownership. Staff has
determined that the property to be annexed does not split lines of assessment or
ownership.
That the proposal does not create islands or areas in which it would be difficult to
provide municipal services. Staff has reviewed the geography of the proposed
annexation and concluded that it would not create an island or present difficulties
in providingmunicipal services since the majority of the services will remain
unchanged.
That the proposal is consistent with the adopted General Plan of the City. The
land use designation for the annexation parcel is OS-H (Hillside Open Space).
The land has been pre-zoned HR (Hillside Residential) which is consistent with
the General Plan Designation and the nearbyzoning. The General Plan provides
that lands in the hillsides should be considered for annexation if they meet the
following Policy:
Policy LU 14 –Land shall not be annexed to Saratoga unless it is
contiguous to the existing city limits, within the Sphere of Influence, and it
is determined by the city that public services can be provided without
unreasonable cost to the City and dilution of services to existing residents.
As discussed throughout this document, the annexation parcel is contiguous to the
existing city limits, is within the Sphere of Influence, and has existing public
services that would not unreasonably change thecost to the City or dilute services
to existing residents.
California Environmental Quality Act --Annexationsare categorically exempt from the
California Environmental Quality Act (CEQA) pursuant to the Guidelines for
Implementation of CEQA (14 Cal Code §15319).The Category 19Exemption includes
annexations of individual small parcels of the minimum size for facilities exempted by
Section15303 which exempts up to three single-family residences.CEQA applies only
to projects which have the potential of causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question
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may have a significant effect on the environment, the activity is not subject to
CEQA.Thisannexation would not have the potential tocause a significant effect on the
environmentbecause the area containsexisting public utilities.
FISCAL IMPACTS:
No impact. The applicant is responsible for all City review fees and County of Santa Clara
processing fees.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Future development of the parcel would be subject to requirements of Santa Clara County in lieu
of City of Saratoga development standards.
ALTERNATIVE ACTION:
Deny the proposed resolution initiating annexation and provide Staff with direction.
FOLLOW UP ACTION:
Work with the applicant to have the annexation map prepared for review by the County Surveyor
and return to the City Council for final annexation approval upon completion of that review.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was posted as a City Council agenda item and was included in the packet made
available on the City’s web site in advance of the meeting.A copy of the agenda packet is also
made available at the Saratoga Branch Library each Monday in advance of the Council meeting
and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us.Noticing
is not required.
ATTACHMENTS:
1.Proposed Pre-annexation Agreementshowing staff recommended revisions
2.Resolution approving Initiation of the Annexation
3.List of Services Report
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FARAHANCHI/MOKHLESI/HOLTON/KOWNACKI/PFEIFFER
PREANNEXATION AGREEMENT
THIS PREANNEXATION AGREEMENT (“Agreement”) is made and entered into this __ day
of ________ , 2011 by and between the CITY OF SARATOGA (“City”), a municipal
corporation of the State of California, Fariba Farahanchi and Nima Mokhlesi (collectively “the
Farahanchi/Mokhlesis”), John Holton and Wanda Kownacki (“the Holton/Kownackis”), and
Jim Pfeiffer (“Pfeiffer”,and collectively with the Holton/Kownackis, “the Neighbors”). The
Farahanchi/Mokhlesis are sometimes referred to herein as “the Owners” and the Owners, City
and Neighbors are collectively referred to herein as “the Parties.”
RECITALS
A.WHEREAS, the Farahanchi/Mokhlesis are the owners of a certain parcel of real property
located at 19351 Redberry Drive in the County of Santa Clara and more particularly described in
Exhibit A, attached hereto and incorporated herein (“Property”);
B.WHEREAS, Pfeiffer is the owner of a certain parcel of realproperty located in the
unincorporated County of Santa Clara at 19403 Redberry Drive, Los Gatos, California;
C.WHEREAS, the Holton/Kownackisare the owners of certain parcels of real property
located in the County of Santa Clara at 19280 Bainter Ave, Los Gatos (though within the city
limits of Saratoga), California and 19370 Redberry Drive, Los Gatos (though within the city
limits of Saratoga), California;
D.WHEREAS, the Farahanchi/Mokhlesis Property is located in unincorporated Santa Clara
County adjacent to the city limits of Saratoga, is within the Saratoga Sphere of Influence and
Urban Service Area and is developed with a single family dwelling;
E.WHEREAS, in 2010, the Farahanchi/Mokhlesis applied to the County of Santa Clara for
approvals necessary to remodel/add to the existing main house and to construct a secondary
house more than 50 feet from the main house on the Property (collectively, the
“Farahanchi/Mokhlesi Applications”);
F.WHEREAS, in 2010, the County approved the Farahanchi/Mokhlesi’s Applications
relating to the main house and driveway, consisting of: 1) a grading permit; 2) design review
exemption; 3) exemption from environmental review; 4) issuance of a tree removal permit for
two oak trees; and 5) issuance of a building permit (collectively the “County Main House
Approvals”);
G.WHEREAS, in 2010, the County Zoning Administrator approved the
Farahanchi/Mokhlesi’s Application related to the location of the secondary unit (“County
Secondary House Approval”; the County Main House Approvals and County Secondary House
Approval are sometimes collectively referred to as the “County Approvals”);
H.WHEREAS, on December 15, 2010, the Neighbors appealed the County Secondary House
Approval to the County Planning Commission;
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I.WHEREAS, on January 18, 2011, the Neighbors initiated a lawsuit against the County and
the Owners regarding the County Approvals, as Action No. 111-CV-192055, Santa Clara County
Superior Court;
J.WHEREAS, on April 7, 2011, the County Planning Commission denied the Neighbors’
appeal of the County Secondary House Approval;
K.WHEREAS, on or about April 25, 2011, the Neighbors appealed the County Secondary
House Approval to the County Board of Supervisors;
L.WHEREAS, the Owners and Neighbors are willing to agree to modification of the County
Approvals to include a number of modified and additional conditions, attached hereto as Exhibit
B (the “Modifying/Additional Conditions”);
M.WHEREAS, as provided herein, the Parties intend and agree that the Property be annexed
to the City;
N.WHEREAS, annexation of the Property to the City in accordance with the terms of this
Agreement will result in rational comprehensive planning and foster predictability, certainty,
economy and efficiency in future land use planning and will establish a permanent and definable
border between the City and the County of Santa Clara in furtherance of State, County and City
policies and consistent with West Valley Hillsides Preservation Strategies, Strategy #2, Action 1
and Action 2;
O.WHEREAS, as provided herein, the Parties intend and agree that the City shall be the
entity responsible for issuing, administering, monitoring and enforcing all permits approved as
part of the County Approvals and issuing, administering, monitoring and enforcing all building
permit and all other necessary permits and approvals pursuant to the terms of the County
Approvals, as modified and amended by the Modifying/Additional Conditions (collectively the
"Modified Approvals"), to allow for the remodel/addition to the primary dwelling and
construction of the secondary dwelling unit on the Property;
P.WHEREAS. Owners and Neighbors have jointly submitted to City the documents
comprising the County Approvals by letter dated July __, 2011 with the understanding that the
Secondary House Approval is the subject of a pending appeal to the County which will be moot
if the Property is annexed to the City.
Q.WHEREAS, the purpose of this Agreement is to set forth the City’s and
Farahanchi/Mokhlesi’s respective responsibilities in pursuing annexation of the Property;
NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows:
1.Annexation. The Parties agree that in order to provide for rational long-term land use
planning and to establish a permanent and definable border between the City and County of
Santa Clara, the Property should be annexed to the City. City agrees to take the steps necessary to
achieve annexation of the Property at the soonest possible opportunity. Owners hereby consent to
annexation of the Property and agree to support said annexation.
2.City Processing of Modified Approvals.
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a.The City agrees to accept the Modified Approvals and to be the entity responsible
for issuing, administering, monitoring and enforcing all permits necessary for
developmentof the improvements contemplated by the Modified Approvals, including the
grading permit and building permits, and the Farahanchi/Mokhlesis agree to accept the
Modified Approvals and to construct their main house remodel/addition and secondary
unit in accordance with the Modified Approvals and to pay all fees and submit all
materials required for the City to process the annexation, issue, administer, monitor and
enforce the Modified Approvals and all necessary permits and approvals. To the extent
practicable without prejudicing previously submitted requests for City approvals, the City
further agrees to expedite processing of all applications submitted by the
Farahanchi/Mokhlesis for the Modified Approvals and to expedite issuance of all
necessary permits and approvals.
b.All Partiesrecognize that the development described by the Modified Approvals
may be inconsistent in certain respects with otherwise applicable City standards set forth
in certain regulations contained in the City Code that regulate the topics identified in
Exhibit C attached hereto. Nevertheless, the Partiesagree that in processing and
approving the permits for the project the City will not require compliance with the City
Code provisions that would be inconsistent with the development of the Modified
Approvals, including but not limited to those regulations that regulate the topics identified
in Exhibit C, but onlyto the extent necessary to allow Owners to build the development
described by the Modified Approvals. The main house, secondary house, pool and related
hardscape built as contemplated in Exhibit B to this Agreement shall be treated as though
constructed prior to annexation, and therefore as legal nonconforming structures pursuant
to Section 15-65.035(a) of the City Code.
c.The Partiesagree that the City will require compliance with the City building
standards set forth in Chapter 16 of the Saratoga City Code that may not apply to
development within the County; for example inclusion of an Early Warning Alarm
System.Because the City grading, building, and other permits will be replacing building,
grading, and other permits issued by the County in 2010, the standards set forth in Chapter
16 of the Saratoga City Code as of December 31, 2010 shall be the standards applied in
connection with the Modified Approvals.
d.With respect to Exhibit B hereto, the Parties agree that notwithstanding anything
to the contrary in that exhibit: (i) all references to “Plans” refer to the development plans
approved by the County Building Department as part of building permit No. 46049 issued
on 12/15/10; (ii) all references to “the City’s consulting arborist” refer to the arborist on
staff in the Community Development Department or, at City’s sole discretion, a consulting
arborist to be selected by the City; (iii) if called uponto make determinations pursuant to
sections 2.d or 4b the arborist shall apply only the standards set forth in Exhibit B in those
paragraphs and those decisions shall not be construed as decisions pursuant to the
Saratoga City Code.
3.Timing of Annexation.The City shall consider initiating annexation of the Property at its
July 6, 2011 City Council Meeting. Should the City approve the initiation of annexation of the
Property at that meeting, then City shall expeditiously process the annexation through the
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necessary activities of the County surveyor and LAFCO, and upon completion of all necessary
processes, the annexation shall be brought to the Saratoga City Council for its final decision.
4.Construction Limitations. Prior to annexation of the Property,no construction of
improvements on the Property shalloccur; however, should the City approve initiation of
annexation of the Property, City staff shall thereafter accept and process grading and building
permit applications for the Property, but shall not issue permits until annexation of the Property
is completed. In any event, all construction of the improvements on the Property shall be subject
to the City’s tree protection requirements under City Code Article 15-50, and to City’s
construction rules under Chapter 16 of the Saratoga City Code as that Chapter existed on
December 31, 2010.
5.Swimming Pool/Deck. In the City’s processing of an application by Owners for a
swimming pool and associated patio/deck on the Property, the site coverage limitations of City
Code Section 15-13.080, shall not apply.Owners shall submit their application for the swimming
pool and associated patio/deck no later than August 31, 2013.
6.Survival of Rights and Obligations. The rights and obligations of the Parties as set forth in
this Agreement shall survive annexation of the Property to the City.
7.Termination of Agreement. This Agreement shall have no further force and effect and
each Party shall be released from the obligations set forth herein in the event that annexation of
the Property to the City has not occurred within four (4) months after the date of City’s approval
of this Agreement.
8.Legal Action. Any party may, in addition to any other rights or remedies herein provided,
institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement
herein, enjoin any threatened or attempted violation hereof, enforce by specific performance the
obligations and rights of the Parties hereto or obtain any other remedy consistent with this
Agreement. Inno event shall any Party be entitled hereunder to monetary damages for any action
or inaction of another Party hereunder, including breach of contract. Nothing in this Section shall
be deemed to limit any Party's rights under the Tort Claims Act or the City's right to collect fees
allowable and otherwise due and payable or to impose penalties for violations of City ordinances.
9.Attorneys Fees and Costs. If legal action by any party is brought because of a breach of
this Agreement, or to enforce a provisionof this Agreement, each party shall bear their own
attorneys fees and costs.
10.Controlling Law. This Agreement shall be construed and enforced in accord with the laws
of the State of California.
11.No Joint Venture or Partnership. The Parties to this Agreement hereby renounce the
existence of any form of joint venture or partnership between any or all of the Parties and agree
that nothing contained herein or in any document Executed in connection herewith shall be
construed as making any or all of the Parties joint venturers or partners. Further, neither the
Neighbors nor the Owners are agents of the City.
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12.Indemnification. Owners hereby agree to defend, indemnify and hold the City and its
officers, officials, boards, commissions, employees, agents and volunteers (collectively “City”)
harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any
action by City on the subject Annexation, or any of the proceedings, acts or
determinations taken, done or made prior to or concurrently with said Annexation; and
b.any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of the construction, installation, alteration or grading
work by the Owners,or by Owners’ successor(s), or by any person acting on their behalf,
authorized by any City action described in subsection 12.a. above.
Owner’s obligations under this section shall prevail over any other provision in this
Preannexation Agreement.
13.Cooperation in the Event of Legal Challenge. In the event of any legal or equitable action
or other proceeding instituted by a third party, governmental agency or official challenging the
validity of any provision of this Agreement of the annexation proceedings described herein, the
Parties shall cooperate in defending the action or proceeding.
14.Notices. All notices or communications required hereunder between the Parties shall be in
writing and may be given either personally or by certified mail, return receipt requested. The
notice shall be deemed to have been given and received on the date delivered in person or the
date upon which the postal authority indicates that the mailing was delivered to the address of the
receiving party. Any Party hereto, by giventen (10) days written notice to the other, may
designate any other address as substitution of the address to which the notice or communication
shall be given. Notices or communications shall be given to the Partiesat the addresses set forth
below until specified otherwise in writing.
City of Saratoga:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Copy to:
Richard S. Taylor
City Attorney
City of Saratoga
The Farahanchi/Mokhlesis:
Barton Hechtman
Matteoni 0’Laughlin & Hechtman
848 The Alameda
San Jose, CA 95126
bgh@matteoni.com
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The Neighbors
Thomas Lippe
Lippe Gaffney Wagner LLP
329 Bryant Street, Suite 3D
San Francisco, CA 94107
tlippe@lgwlawyers.com
15.Successor and Assigns.The covenants, terms, conditions and restrictions of this
Agreement shall apply to, bind and inure to the benefit of successors in interest of the Parties
hereto, including heirs, assigns, representatives, executors, administrators and all other parties,
whether they succeed by operation of law or voluntary acts of the City or Owners. All such heirs,
representatives, successors, executors, or assigns shall be bound to every provision in this
Agreement, whether or not this Agreement is referred to in the instrument by which such heirs,
representatives, successors, executors, or assigns acquire an interest in the Property.
16.Parties in Interest. This Agreement is entered only for the benefit of the Parties executing
this Agreement and not for the benefit of any other individual, entity or person.
17.Amendment of Agreement. This Agreement may be amended in writing by the original
Parties or their successors in interest.
18.Severability. If any term, provision, covenant or condition of this Agreement is held by a
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of
this Agreement shall continue in full force and effect.
19.Change in Law. If a subsequent change occurs in federal or state laws or the regulations of
a federal or state agency which prevents or precludes compliance with a provision of this
Agreement, that provision shall be modified or suspended only to the extent necessary to comply
with the federal or state law or regulation.
20.Enforceability. Unless this Agreement is amended or terminated pursuant to the provisions
of this Agreement, this Agreement shall be enforceable by any Party hereto notwithstanding any
change hereinafter enacted or adopted in any applicable General Plan or Specific Plan, zoning
ordinance, subdivision ordinance or any other land use or building ordinance.
21.Entire Agreement. This Agreement, and the conditions referred to herein, and the exhibits
attached hereto, constitute the entire understanding and agreement of the Partiesand supersede
all negotiations or previous agreement of the Partieswith respect to all or party of the subject
matter hereof. No alteration or variation of this instrument shall be valid or binding unless
contained in an amendment to this Agreement.
22.Captions. The captions in this instrument have been inserted solely for convenience or
reference and are not a part of this instrument and shall have no effect upon construction or
interpretation.
23.Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original, all of which together shall constitute one and the same instrument and shall
be effective as of the date hereof.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective representatives as follows:
CITY OF SARATOGA
City of Saratoga, A Municipal Corporation
By: ____________________________________
Howard A. Miller, MayorDate
ATTEST:
By: Ann Sullivan, City ClerkDate
Approved as to Form:
___________________________________
City Attorney,Richard TaylorDate
OWNERS
By: Nima MokhlesiDate
By: Fariba FarahanchiDate
NEIGHBORS
By: Wanda KownackiDate
By: James W. PfeifferDate
By: John HoltonDate
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Exhibit A
LEGAL DESCRIPTION OF THE PROPERTY
220340
Exhibit B
MODIFYING/ADDITIONAL CONDITIONS
The following conditions(the “Modifying/Additional Conditions”) modify the
County Approvals as described in the Agreement to which this Exhibit is attached and
in paragraph 1 below. To the extent that any conflict exists between the
Modifying/Additional Conditionsand the County Approvals, the Modifying/Additional
Conditionsshall supersede and control:
1.Changes to the MainHouse.
The following changes to the main house are made relative to the development
plans approved by the County Building Departmentas part of building permit No. 46049
issued on 12/15/10.The location of the main house and its building “footprint” on the
Property relative to the Property boundaries shall not be altered from the location
shown on these plans, except that the main house’s “footprint” may be made smaller so
long as it is located within the perimeter of the “footprint” approved in said plans. The
dimensions of the main house shall not be altered from the dimensions of the main
house shown on these plans except as described in this Exhibit B.
a.The existing primary house rests on a slab foundation. The Plans show the
elevation of this slab foundation to be 581’9”above mean sea level (msl),
measured from a local manhole cover to which an elevation of 533.75’ msl is
ascribed. The Plans show the elevation of the roof of the proposed
remodeled primary house to be 22’6” higher than the slab foundation, at
604’3” msl.
b.Without determining the accuracy of the msl elevations referenced in
subparagraph a of this paragraph 1, the Parties agree that (1) the elevation of
the roof of the main house shall be no higher than 21’6” above the existing
slab foundation (the elevation of the slab foundation is believed to be 581’9”
as shown on the Plans; therefore the maximum roof elevation is believed to
be603’3” msl); (2) the three architectural articulations shown on the Plans as
extending above the roof shall be no higher than 24’3”above the existing slab
foundation (believed to be606’0” msl); and (3) no part of the main house,
including parapets, solar panels, antennas, or anything else that might be
attached to the roof other than the chimney will extend higher than 27’3”
above the existing slab foundation (believed to be609’0” msl); (4) the msl
elevations provided in this paragraph are for reference purposes only, and
the operative height limits are based on elevation above the existing slab
foundation; and (5) Owners will leave the existing slab foundation or a visible
and accessible portion thereof in place or will install a visible and accessible
permanent monument at the same elevation as the existing slab foundation
to permanently establish the elevation of the existing slab foundation.
c.Neighbors reserve the right to request validation of these height restrictions
during and after construction by a licensed surveyor, at Neighbors’ expense,
and Owners agree to allow the surveyor access to the Property for this limited
purpose at a time that is mutually convenient for the surveyor and the
Owners.
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d.Ownersmay elect to reduce the depth of the basement by raising the bottom
ofthe basement, and may make other de minimis changes that do not alter
the building envelope or location of the main house on the lot or constitute a
“rebuild” under County zoning rules or conflict with any specific provisions of
the Agreement.
e.All surfaces of the mainhouse including walls, trim, and roofing material
andstone but excluding solarpanels will meet an LRV (as defined in the
Santa Clara County Code) of 45 or less.
2.Changes to the Secondary House.
a.The secondary house shall be located such that no part of the structure other
than the 30” extension of any bay window (as long asthe bay window meets
the County’s definition of a bay window in terms of size and location with
respect to the structure) is located within 35 feet of the Property’s property
line abutting Redberry Drive.
b. The garage shown attached to the rear (relative to Redberry Drive) of the
secondary house will be relocated to the front side (relative to Redberry
Drive) of the secondary house. This change reduces the height of the
retaining wall at the Redberry side of the secondary house, resulting in a
smaller facade facing Redberry Drive.
c. All surfaces of the secondary house including walls, trim, and roofing material
and stone will meet an LRV (as defined in the Santa Clara County Code) of
45 or less in shades of natural earth tones (browns, beiges).
d. The secondary house will have a landscape plan that calls for an earth “berm”
on the Redberry Drive side of the structure (to the extent allowed by the City
in light of drainage requirements associated with the nearby creek) and low
shrubs and trees to generally, but not entirelyscreen the façade from street
view. This landscape plan will be a condition of the building permit for the
secondary house.Pursuant to the landscape plan, utilizing some of the new
trees described in Sections 4.a. and 4.b. below, and other vegetation as
necessary, Owners shall landscape the Property so that the front facade
(being the façade closest to and running parallel to Redberry Drive) of the
secondary dwelling is generally, though not entirely screened, fromRedberry
Drive, given a reasonable time for the vegetation planted to grow and mature.
Owners will submit a draft of the landscape plan to Neighbors prior to
submission to the City; promptly thereafter, the Owners and Neighbors shall
meet and confer, and attempt to reach agreement as to whether the
landscape plan will result in the level of screening described in the preceding
sentence.In the event the parties cannot agree on the landscape plan, the
City’s consulting arborist (or an arborist selected by the City’s consulting
arborist should the City’s consulting arborist be unavailable for the task) shall
be retained to make a final, unappealable decision on the landscape plan. All
costs of the arborist shall be shared 50% by Owners and 50% by Neighbors.
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3.Swimming Pool. The Ownerswillapply for and obtain a permit from the City for
and before installing a swimming pool and associated patio/deck. The site coverage
limitations provided in Section 15-13.080 of the City Code shall not apply to such
application. .
4.Trees.
a.The following trees canbe removed without the further consent of the
Neighbors: i) the twonecessary to build the main house(which are the
subject of an existing County Approval, ii) the small oak not requiring a permit
for removal located where the secondary house will be constructed, andiii)
the two pinetrees marked with blue ribbonand located near the first curve of
the driveway. Thesetwo pine trees must remain marked with blue ribbon until
removed and must be replaced with nativespecies such as oaks. In
removing the trees described in this Section 4.a., Owners shall comply with
City Code Article 15-50; any replacement trees required by City Code Article
15-50 shall apply toward satisfying the replacement requirements of this
Section 4.a.
b.The Parties acknowledge that there are many trees on the Property and that
their mutual intent is to preserve trees on the Property, but recognize that
trees other than the five described in Section 4.a. will need to be removed in
order to accommodate the construction contemplated by this Agreement (the
“Construction Trees”). Owners have marked with a red ribbon every
Construction Tree to the best of their knowledge. The Neighbors have
viewed all such marked Construction Trees. The parties agree that certain of
the Construction Trees provide visual screening of the main house from off
the property. To mitigate the loss of this visual screening and anticipated
visual impacts from the new secondary dwelling, Owners agree to plant ten
(10) new trees of native species such as oaks, of the following sizes: two 20
gallon trees, four 15 gallon trees and four 10 gallon trees. At least seven of
these trees must be planted above the secondary house, to provide
screening of the main house from Redberry Drive.Upon completion of the
framing of the main house, the Owners and Neighbors shall meet and confer
at the Property, and attempt to reach agreement as to where each of the ten
(10) trees is to be planted, provided, however, that no new trees are to be
planted in the level area to the west of the main house, being the anticipated
location of the pool and patio/deck described in Section 3. In the event the
parties cannot agree on the locations for each of the trees, the City’s
consulting arborist (or an arborist selected by the City’s consulting arborist
should the City’s consulting arborist be unavailable for the task) shall be
retained to make a final, unappealable decision on the location of each of the
trees. All costs of the arborist shall be shared 50% by Owners and 50% by
Neighbors. The ten trees shall be planted by Owners within (60) days after
the main house Certificate of Occupancy is issued by the City, to avoid
interference with construction and damage to the new trees from construction
activities.
In the event it is determined during construction that a Construction Tree
which was not marked with a red ribbon must be removed, then the Owners
223343
and Neighbors shall meet and confer to determine, in the Neighbors’
reasonable discretion, whether the tree provides substantial visual screening
of the main house from off the property, and if so, Owners shall replace the
tree with a native species tree of similar size such as an oak, to be located in
a manner that reasonably enhances this visual screening fromoff the
Property. In removing Construction Trees, Owners shall comply with City
Code Article 15-50; any replacement trees required by City Code Article 15-
50 shall apply toward satisfying the replacement requirements of this Section
4.b.
c.As to all trees on the Property which are not among the five trees described
in Section 4.a. and not Construction Trees described in Section 4.b., and
which are of a size not requiring a permit from the City of Saratoga, for a
period of ten years from the date of this Agreement Owners shall not remove
more than twotreesper year except that (i) any removal of a tree that is
ordered by a governmental agency having jurisdiction, or (ii) any removal of a
tree that is certified by a licensed arboristto be dying orto benecessary to
abate an imminent hazard to personal safety or personal property,shall not
be subject to this numerical limitation. Owners shall replace any tree
removed pursuant to this paragraph with a native species tree of similar size
such as an oak, to be located in a manner that reasonably enhances the
visual screening from off the property.
224344
Exhibit C
Subjects of Inapplicable Zoning and Grading Regulations of the City of Saratoga
Grading quantities
Height of Main House
Square Footage of Main House
Impervious surface coverage limits applied to the pool, pool deck, driveway, main house
and walkways around it, secondary unit and its deck, driveway, and walking paths
surrounding it, existing parking spaces at the top of the driveway, and retaining walls
across the entire property
Location of the Main House and Secondary House, including but not limited to setbacks
from property lines
Discretionary design review pursuant to Article 15-45 of the Saratoga Codeof the
improvements contemplated in this Agreement, including but not limited to
design/architecture of the Main House or Secondary House
Height of the basement
Basement not qualifying as basement (based on too much of its perimeter being above
grade, too much of its floor areas receiving daylight, certain significant areas of the
basement not being directly situated under first or second floors, or any other reason),
resulting in home being considered as having 3 stories
Maximum height limits of retaining walls
In application of the City’s treeprotection regulations, requiring redesign/relocation of
the improvements contemplated in this Agreement to avoid (a) tree removal (i.e., the
agreed remedy is tree replacement pursuant to the City’s tree protection regulations) or
(b) placing a structurewithin five feet of the dripline of a protected tree (in such event the
structure must nonetheless comply with any dripline avoidance requirements of the
County and the Owners shall consult with the city arborist and comply with the protection
and mitigation (including but not limited to tree replacement) recommendations of the
city arborist addressing the absence of the five foot buffer normally required by the City).
225345
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347
348
349
350
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Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: Resolution Adopting Council Agency and Ad Hoc Committee Appointments
RECOMMENDED ACTION:
Approve resolution adopting Council agency and ad hoc committee appointments.
BACKGROUND:
Every year, City Council agency and ad hoc committee assignments are reviewed and updated as
needed. At the December 7, 2011 City Council Meeting, Mayor Chuck Page asked members of
the Council to submit suggested changes to City Council agency and ad hoc assignments and list
of agencies and ad hoc committees to him by December 13, 2011 at 5:00 p.m.
The updated list of agency and ad hoc assignments will be presented at the December 21, 2011
City Council Meeting by the Mayor. To adopt the assignments, the attached resolution should be
approved.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
City Council assignments and representation to various agencies and ad hoc committees will
remain unchanged.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Disseminate City Council 2012 agency and ad hoc assignments to City staff and various
agencies.
352
Page 2 of 2
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A: Resolution Appointing Council Representatives to Agencies and Ad Hoc
Committees for 2012
353
RESOLUTION 11-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING COUNCIL REPRESENTATIVES TO AGENCIES AND AD HOC COMMITTEES FOR YEAR 2012
WHEREAS, representatives from the City Council serve on various agencies and ad hoc
committees; and
WHEREAS, the responsibility for representing the City Council should be shared by all members; and
WHEREAS, the City Council annually reviews agency and ad hoc committee assignments to update
and reassign members as needed; and
WHEREAS, the City Council conducted its reorganization on December 7, 2011 for the 2012 calendar
year; and
WHEREAS, on December 7, 2011, Council was asked to provide input to the Mayor on changes to
agency and ad hoc committee assignments, including the addition or removal of assignments and adjustments to member assignments;
NOW, THEREFORE, be it resolved that the City Council approves the City Council agency and ad hoc
assignments presented at the December 21, 2011 City Council meeting and attached to this resolution and
members of the Council hereby agree to their appointments through December 2012 or until amended.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council
held on the 21st day of December 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Page, Mayor ATTEST:
DATE:
Crystal Morrow, City Clerk
354
SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Christopher Riordan, AICP DIRECTOR: James Lindsay
SUBJECT: Pre-Annexation Agreement for the Garrod Trust property at 22600 Mount Eden Road – ANX10-0002
RECOMMENDED ACTION:
Staff recommends the City Council approve the Pre-Annexation Agreement for the Garrod Trust
and authorize the City Manager to sign it on behalf of the City
REPORT SUMMARY:
On November 17, 2010, the City Council adopted Resolution No. 10-068 initiating annexation of
68 acres of the Garrod Trust properties and directed the preparation of a Pre-Annexation Agreement
and related land use actions to complete the annexation. The Pre-Annexation Agreement has been
completed and the Planning Commission has recommended the City Council approve it. The
Agreement provides the framework and commitments by which the annexation will be completed
with the following future land use actions:
• A Development Agreement recognizing existing uses and structures on Garrod Trust
properties already in the City .
• A Zoning Amendment to add Agricultural Preserve/Open Space Overlay Zoning on Garrod
Trust Property proposed for annexation to City of Saratoga.
• A Combined Williamson Act Contract for the entire Garrod Trust properties to be inside
City boundaries after annexation, by rescission of existing County and City Contracts and
simultaneous reentry into new Williamson Act Contract with City.
• A Use Permit governing the use of the entire post-annexation Garrod Trust properties.
One of the required steps towards annexation is the adjustment of the City’s Urban Service Area
(USA) to include the 68 acres to be annexed. This adjustment requires the approval of the Santa
Clara County Local Agency Formation Commission (LAFCO) which is scheduled to consider
the City’s application at its meeting of February 8, 2012.
LAFCO staff has indicated that an executed Preannexation Agreement would be helpful in
preparing a Staff Report for the LAFCO meeting to consider the USA adjustment on February 8,
2012.
FISCAL IMPACTS:
There are no direct fiscal impacts to the City by approving the Agreement as its purpose is to
provide a framework by which the annexation will be completed.
355
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The existing status quo of the Garrod Trust Property would be maintained with approximately 68
acres of the Garrod Trust Property under County jurisdiction and approximately 51 acres of the
Garrod Trust Property under City jurisdiction.
ALTERNATIVE ACTION:
1. Deny the Pre-Annexation Agreement
2. Modify the Pre-Annexation Agreement
FOLLOW UP ACTION:
Upon LAFCO’s approval of the USA adjustment, staff will return to the Council with the
annexation of the 68 acres, a Development Agreement, Zoning Amendment (AP-OS overlay), a
Conditional Use Permit, and a Combined Williamson Act Contract.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s website in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
1. Pre-Annexation Agreement
2. Background Report
3. Aerial photo showing USA adjustment & Garrod Trust properties
356
GARROD TRUST PREANNEXATION AGREEMENT
Page 1
RECORDING REQUESTED BY:
CITY OF SARATOGA
AFTER RECORDATION RETURN TO:
CITY OF SARATOGA
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
THIS SPACE FOR RECORDER'S USE
PREANNEXATION AGREEMENT
FOR RECORDATION WITH THE RECORDER’S OFFICE
OF THE COUNTY OF SANTA CLARA
357
GARROD TRUST PREANNEXATION AGREEMENT
Page 2
DRAFT
FOR DISCUSSION ONLY
GARROD TRUST
PREANNEXATION AGREEMENT
THIS PREANNEXATION AGREEMENT (“Agreement”) is made and entered
into this __day of ___________, 2011 by and between the CITY OF SARATOGA
(City), a municipal corporation of the State of California and the Garrod Trust
(Owner). The Owner and the City are collectively referred to herein as the Parties.
R E C I T A L S
A. WHEREAS, Owner is the owner of a certain parcel of real property (approximately 68
acres) developed with a Winery/Equestrian Facility located in the County of Santa Clara within
the City Sphere of Influence and Urban Service Area and more particularly described in Exhibit
A, attached hereto and incorporated herein by this reference (“Annexation Property”) which said
Property is subject to a Williamson Act Contract with the County of Santa Clara dated December
24, 2001 and pursuant to Government Code Section 51243, if the Annexation Property is
annexed to the City of Saratoga in 2011, the City will succeed to all rights, duties, and powers of
the County under the 2001 Williamson Act Contract.
B. WHEREAS, Owner is also the owner of a certain parcel of real property (approximately
51 acres in size) adjoining the Annexation Property and located entirely within the City of
Saratoga and more particularly described in Exhibit B, attached hereto and incorporated herein
by this reference (“Principal Property”), which said Principal Property is subject to a Williamson
Act Contract with the City of Saratoga executed November 21, 1970. The Principal Property is
currently developed with three dwelling units, a hay barn, miscellaneous covered horse
paddocks, horse riding academy/day camp buildings, and metal shop and an administrative
office.
C. WHEREAS, Owner currently has no future plans for new or expanded use or
development of the Property which will be in the City of Saratoga after the 2011 Annexation
(approximately 119 acres – “ Resulting Property” or “Property”)
D. WHEREAS, annexation of the Annexation Property to the City in accordance with the
terms of this Agreement will result in rational comprehensive planning and foster predictability,
certainty, economy and efficiency in future land use planning.
E. WHEREAS, both Owner and City desire to restrict the use of the Resulting Property to
agricultural, open space and uses compatible thereto; and
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GARROD TRUST PREANNEXATION AGREEMENT
Page 3
F. WHEREAS, the purpose of this Agreement is to set forth the City’s and Owner’s
respective responsibilities and understandings in pursuing and achieving annexation of the
Annexation Property; hence, the Parties intend and agree that the annexation of the Annexation
Property subject to the following specified agreements and conditions.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows:
1. Annexation: A Resolution Initiating Annexation having been approved by the City
Council on November 17, 2010, Owner and City agree that for the purposes and goals
and subject to the agreements and conditions set forth in the Recitals above, and in order
to provide for rational long-term land use planning, the Annexation Property may be
processed for final annexation into the City. City agrees to take the steps necessary to
achieve annexation of the Annexation Property at the soonest reasonable opportunity,
including referral of the matters in paragraph 2 below to staff and the Planning
Commission to obtain recommendations thereon. Owner hereby consents to annexation
of the Annexation Property and agrees to support said annexation.
2. Application and Approval for Development Agreement and Use Permit for
Winery/Equestrian Facility. The Owner agrees to formally submit a proposal, attached
hereto as Exhibit C (Proposal), to the City which includes the following essential
elements:
a. Development Agreement and Conditional Use Permit (including request for
Variation from Standards). The Owner shall submit a complete Application and obtain
City approval for a Development Agreement and Conditional Use Permit for the
Winery/Equestrian Facility and a Variation of Standards as to site area, site coverage
and/or floor area for the entire Proposal to be located on the Resulting Property;
b. Determination of Conformity/Legal Nonconformity Status. The Owner shall
submit a complete application and obtain City determination as to Conformity/Legal
Nonconformity Status of all Uses and Structures on the resulting Property.
c. Williamson Act Contract. The Owner shall submit a complete application and
obtain City approval to rescind the Williamson Act Contract on the Annexation Property
(68 acres) and the Principal Property (51 acres) and simultaneously re-enter a Williamson
Act Contract covering the entire Resulting Property (approximately 119 acres), which
Williamson Act Contract shall include the Winery/Equestrian Facility and all other
existing uses and structures as compatible uses;
d. Agricultural Preserve/Open Space Overlay Zoning. Owner shall submit a
complete application and obtain City approval to add Agricultural Preserve-Open Space
(“AP-OS”) overlay zoning to the Annexation Property (which overlay zoning already
exists on the Principal Property currently in the City).
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GARROD TRUST PREANNEXATION AGREEMENT
Page 4
3. Final Annexation Process and Determination of Conformity. The City staff and Planning
Commission shall review the Proposal submitted under Paragraph 2 above and make
recommendations to the City Council which shall take such action thereon, and such action as to
final annexation, as it deems to be in the best interests of the City.
Garrod Trust may unilaterally withdraw from the Preannexation Agreement and refuse
annexation of the Annexation Property at any time within 72 hours of the vote by the City
Council on said Annexation if the City Council does not prior thereto or concurrently therewith:
(a) Determine and establish pursuant to City Code Section 15-65.035 that all structures
and all uses in existence on the Annexation Property as of the Final Annexation
Approval shall have conforming status as a condition of such Annexation;
(b) Approve a Development Agreement for the Principal Property already in the City
which establishes that all structures and all uses in existence on the Principal
Property as of the Effective Date of the Development Agreement shall have
conforming status; and
(c) Approve a Use Permit for the entire resulting post-Annexation Garrod Trust
Property authorizing all uses and structures in existence as of the date of approval of
such Use Permit.
The City General Plan and Hillside Specific Plan establish goals and polices applicable to
annexations which are relevant to the Garrod Trust integrated annexation package Application.
General Plan (“GP”) Policy LU 14.1 provides that: “Land shall not be annexed to Saratoga
unless it … is determined by the city that public services can be provided without unreasonable
cost to the City and dilution of services to existing residents. Similarly, Goal 5 of the Hillside
Specific Plan (“HSP”) is that “[d]evelopment and maintenance of public services shall minimize
financial risks to the City and shall be equitable to all citizens of Saratoga.”
As part of the Final Annexation Approval, Garrod Trust hereby agrees to take all reasonable
actions within its power and to endeavor to assure that the following benefits accrue to the City.
With regard to minimized financial risk (HSP Goal 5), avoidance of disproportionate financial
risk to the City will be accomplished by Garrod Trust providing reasonable stabilization services
(such as clearing of minor slides and repair of culverts) for the annexation-related geological
hazard risks to the City regarding Mt. Eden Road as identified by the Geotechnical Survey
already conducted at the expense of the Garrod Trust.
The County has also committed to provide some funding or services for repair and maintenance
of Mt. Eden Road and Garrod Trust support the City in obtaining such funding or services.
The County’s road annexation policies include the agreement to resurface roads that are to be
annexed from the County to another public agency. Instead of the County performing this road
resurfacing work prior to the annexation of approximately 2,075 feet of Mount Eden Road, the
County has agreed to pay to the City $25,000 for the cost of resurfacing. In addition, the
Geotechnical Evaluation of Roadway Conditions identified at least two roadway drainage
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GARROD TRUST PREANNEXATION AGREEMENT
Page 5
facilities that require repair. The County has indicated that this work will be paid for by the
County and performed by County roadway crews. The County has estimated that their costs to
pay for the repairs would be approximately $40,000.
HSP Goal 5 that the annexation be equitable to all citizens of Saratoga is supported by fact that
the portion of the Property proposed to be annexed will bring with annually $750,000 to
$1,000,000 in gross revenues, as estimated by Garrod Trust which hereby commits to use all
reasonable efforts to continue to bring in such revenues or more. The City receives 1 cent of the
9.25 cents in sales tax collected on every taxable dollar – meaning the City would receive
approximately $7,500 to $10,000 per year in additional revenues. This also supports the GP LU
14.1 determination that public services can be provided without unreasonable cost to the City
and dilution of services to existing residents. Analysis of whether this determination can be
made is in the context of the fact that the public services which are provided by the City are
already being provided to nearly half of the Garrod Trust Property. Since Saratoga is a “contract
city” for most public services, the primary services for the Property to be annexed will remain
essentially the same.
Garrod Trust shall provide other benefits to the City and the public by providing public trail and
restroom access.
4. Survival of Rights and Obligations. The rights and obligations of the Parties as set forth
in this Agreement shall survive annexation of the Annexation Property to the City.
5. Termination of Agreement. This Agreement shall have no further force and effect and
each Party shall be released from the obligations set forth herein in the event that annexation of
the Annexation Property to the City has not become final (including an executed LAFCO
Certificate of Completion) within twelve (12) months after the effective date of this Agreement.
6. Legal Action. Any party may, in addition to any other rights or remedies herein provided,
institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement
herein, enjoin any threatened or attempted violation hereof, enforce by specific performance the
obligations and rights of the Parties hereto or obtain any other remedy consistent with this
Agreement. In no event shall any party be entitled hereunder to monetary damages for any
action or inaction of another party hereunder, including breach of contract. Nothing in this
Section shall be deemed to limit any party’s rights under the Tort Claims Act or the City’s right
to collect fees allowable and otherwise due and payable or to impose penalties for violations of
City Ordinances.
7. Attorneys Fees and Costs. If legal action by any party is brought because of a breach of
this Agreement, or to enforce a provision of this Agreement, each party shall bear their own
attorneys fees and costs.
8. Controlling Law. This Agreement shall be construed and enforced in accord with the
laws of the State of California.
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GARROD TRUST PREANNEXATION AGREEMENT
Page 6
9. No Joint Venture or Partnership. The Parties hereby renounce the existence of any form
of joint venture or partnership between any or all of the Parties and agree that nothing contained
herein or in any document executed in connection herewith shall be construed as making any or
all of the Parties joint ventures or partners. Further, the Owner is not an agent of the City.
10. Agreement By Owner To Indemnify, Hold Harmless And Defend City As To
Action(s) Challenging Approval Of Annexation, This Preannexation Agreement And All
City Actions Processed Prior To Or Concurrently With The Annexation. Owner hereby
agrees to defend, indemnify and hold the City and its officers, officials, boards, commissions,
employees, agents and volunteers (collectively “City”) harmless from and against: any and all
claims, actions or proceedings to attack, set aside, void or annul any action by City on the subject
annexation of the Annexation Property, or any of the proceedings, acts or determinations taken,
done or made prior to or concurrently with said annexation: and
Owner’s obligations under subparagraph 10 above shall prevail over any other provision
in this Preannexation Agreement.
11. Cooperation in the Event of Legal Challenge.
In the event of any administrative, legal or equitable action or other proceeding instituted
by a third party, governmental agency or official challenging the validity of any provision of this
Agreement or the annexation and related proceedings described herein, the Parties shall
cooperate in defending the action or proceeding.
12. Notices.
All notices or communications required hereunder between the Parties shall be in writing
and may be given either personally, by overnight carrier, or by first class mail, addressed to the
party intended to be notified. The notice shall be deemed to have been given and received on the
date delivered in person, or the date of delivery receipt from the overnight carrier, or five days
after deposit with the United States Post Office. Any Party hereto, by giving ten (10) days
written notice to the other, may designate any other address as substitution of the address to
which the notice or communication shall be given. Notices or communications shall be given to
the Parties at the addresses set forth below until duly changed as set forth above.
City of Saratoga Garrod Trust
City Clerk 22600 Mt. Eden Road
City of Saratoga Saratoga, CA 95070
13777 Fruitvale Avenue
Saratoga, CA 95070 Jan Garrod
Office: (408) 867-9527
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GARROD TRUST PREANNEXATION AGREEMENT
Page 7
Copy to:
Richard S. Taylor
City Attorney
City of Saratoga
Shute Mihaly & Weinberger LLP
396 Hayes Street
San Francisco, CA 94102
13. Miscellaneous.
a. Successor and Assigns. The covenants, terms, conditions and restrictions of this
Agreement shall apply to, bind and inure to the benefit of successors in interest of the
Parties hereto, including heirs, assigns, representatives, executors, administrators and all
other parties, whether they succeed by operation of law or voluntary acts of the City or
Owner. All such heirs, representatives, successors, executors, or assigns shall be bound
to every provision in this Agreement, whether or not this Agreement is referred to in the
instrument by which such heirs, representatives, successors, executors, or assigns acquire
an interest in Owner’s Properties or any thereof
b. Parties in Interest. This Agreement is entered only for the benefit of the Parties
executing this Agreement and not for the benefit of any other individual, entity or person.
c. Amendment of Agreement. This Agreement may be amended in writing by
mutual agreement of the original Parties or their successors in interest.
d. Severability. If any term, provision, covenant or condition of this Agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Agreement shall continue in full force and effect, unless the
provision held invalid forms a material consideration of this Agreement.
e. Change in Law. If a subsequent change occurs in federal or state laws or the
regulations of a federal or state agency which prevents or precludes compliance with a
provision of this Agreement, that provision shall be modified or suspended only to the
extent necessary to comply with the federal or state law or regulation.
f. Enforceability. Unless this Agreement is amended or terminated pursuant to the
provisions of this Agreement, this Agreement shall be enforceable by any party hereto
notwithstanding any change hereinafter enacted or adopted in any applicable General
Plan or Specific Plan, zoning ordinance, subdivision ordinance or any other land use or
building ordinance.
g. Entire Agreement. This Agreement, and the conditions referred to herein, and
the Exhibits attached hereto, constitute the entire understanding and agreement of the
parties and supersede all negotiations or previous agreement of the parties with respect to
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GARROD TRUST PREANNEXATION AGREEMENT
Page 8
all or part of the subject matter hereof. No alteration or variation of this instrument shall
be valid or binding unless contained in an amendment to this Agreement.
h. Captions. The captions in this Agreement have been inserted solely for
convenience or reference and are not a part of this instrument and shall have no effect
upon construction or interpretation.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective representatives as follows:
CITY OF SARATOGA, CALIFORNIA
A Municipal Corporation
Approved as to Form:
___________________________ By: ________________________
Richard Taylor, City Attorney Dave Anderson, City Manager
ATTEST:
___________________________
Ann Sullivan, City Clerk
Garrod Trust, Owner
By:______________________
[Authorized Signature]
364
GARROD TRUST PREANNEXATION AGREEMENT
EXHIBIT A
Legal Description of Annexation Property
(Approximately 68 acres)
365
GARROD TRUST PREANNEXATION AGREEMENT
EXHIBIT B
Legal Description of Property in City Prior to 2011 Annexation
(Approximately 51 acres)
366
GARROD TRUST PREANNEXATION AGREEMENT
EXHIBIT C
Proposal
367
BACKGROUND REPORT
RE GARROD TRUST
REQUEST FOR ANNEXATION
AND
CONFORMING STATUS DETERMINATION
FOR
EXISTING USES AND STRUCTURES
Prepared by Assistant City Attorney Jonathan Wittwer
November 10, 2010
368
TABLE OF CONTENTS
Page#
Introduction 1 Regulatory History Summary 1 Project Description 1 Background 1
Economic and Other Benefits and Risks of Annexation and City Ability to Continue to
Provide Undiluted Public Services 3
• Current Uses and Structures in County - Discussion of Legal Conforming Status 3
Legal establishment under County Use Permits 3
Conformity to City General Plan 5
General Plan Goals and Policies 5
Land Use Element Background Report pp 13-14 and Table LU-1
(Land Use Categories) 5
Williamson Act Contracts and Agricultural Protection – Goal LU 7 6
Open Space Element Background Report, Goals and Policies 6
Prior City Determination Harmonizing Land Use Density,
Open Space and Housing Elements of City General Plan
(2002 Planning Commission Resolution) 8
Conformity to City Zoning Regulations 9
City Zoning Regulation Authorizing All Uses in County
Williamson Act Contract 12
Uses Also Generally Authorized Under R-OS Zoning 12
Basis for Deeming Current Uses and Structures in County to be Legal and Conforming Upon
Annexation to City 12
Current Uses and Structures in City - Discussion of Legal Conforming Status 13
Proposed Pre-Annexation Agreement Governing Property to be Annexed to City 15 Proposed Development Agreement Governing Property Already Inside City 15
369
Zoning Amendment to Add Agricultural Preserve (AP) Overlay Zoning to
Property Annexed to City 15
Combined Post-Annexation Williamson Act Contract – Rescission and Simultaneous Reentry 16 Combined Post-Annexation Use Permit 16
Environmental Review 16
Conclusion 16
370
INTRODUCTION
Garrod Trust has requested the City to initiate annexation proceedings for 68 acres it owns in
the County of Santa Clara contiguous to 51 acres it owns in the City. As part of these
proceedings, Garrod Trust has requested the City Council to exercise its authority under City
Code Section 15-65.035 to determine whether the current uses and structures on the Property to
be Annexed should be granted “conforming” status. Since Section 15-65.035 was enacted by the
City Council within the past 14 months, this is the first time the authority to determine
“conforming” status will be exercised. Garrod Trust is already operating a Winery/Equestrian
Facility on the 68-acre Property to be Annexed and a variety of uses and structures will need to
be evaluated for “conforming” status. Furthermore, a number of land use regulations come into
play. It is for these reasons that this Background Report is being provided for context as to the
factors and analysis relevant to making the requested conformity determination.
REGULATORY HISTORY SUMMARY
04/23/1964 County Use Permit 10P 64.1 (Reso. 7998) issued for Equestrian
Facility
11/02/1970 Williamson Act Contract executed for property in the City
01/05/1983 City Action Creating Adding AP/OS Overlay and Adding it to
Garrod Trust Property Already inside City
04/23/1994 County Use Permit Modified to Add Winery Facility issued for
12/15/1993 City Prezoning of Property under Consideration for Annexation
12/24/2001 Williamson Act Contract executed for property in County
03/13/2002 City Planning Commission Determines Family and Employee
Housing Proposed on Property Located in County is Consistent
with City General Plan and Hillside Specific Plan
PROJECT DESCRIPTION
The Project Description is fully set forth in the Staff Report to which the Background Report
is attached.
BACKGROUND
In general, the purpose of an approval of the Resolution Initiating Annexation is to initiate a
process under which the Garrod Trust would annex to the City the 68-acre portion of the Garrod
Trust Property (including the Winery/Equestrian Facility) which is currently in the
unincorporated area of the County of Santa Clara and continue to operate in conjunction with
that part of its Facility on the 51-acre portion of the Garrod Trust Property which is currently
located in the City of Saratoga. Upon Final Annexation, the City may determine which existing
uses and structures should be deemed to be have legal conforming status, legal nonconforming
status or noncompliant status.
The Winery/Equestrian Facility includes the following currently existing or authorized uses
and structures:
1
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(1) uses for stables and riding academy/day camp, riding lessons, boarding horses,
breeding horses, training horses, shows and exhibitions, selling horses and equipment
and supplies for horses and riders, and related food services, vineyards, wine
production, retail wine sales, wine tasting, indoor and outdoor events, parking, family
and employee housing (8 single family dwellings, 2 cottages/second units and 4
trailers/modular units for employees), outdoor storage, and other supporting uses; and
(2) structures (all pre-dating or approved by the 1964 Use Permit for the Equestrian
Facility unless otherwise specified) which include:
• Eight single family residences (William Cooper 1998 remodel and
Christina Garrod 2004)
• Two small cottages/second units
• Four trailers/cottages/modular units (housing for employees) (Dick Garrod
1975)
• One administrative office for the commercial stables
• One administrative office for the winery
• One barrel room (1997)
• One covered riding arena
• Three large barns
• Three special purpose barns (hay, shoeing [1965] and day use)
• Miscellaneous covered horse paddocks (1965-1975)
• Riding academy/day camp buildings (2) (1965)/summer kitchen
• Two water tanks
• Public restroom facilities for men and women (two buildings, one
including old wood shop)
• One Metal Shop (1980)
• Pastures and vineyards of undetermined acreage.
• One wine tasting/retailing/production facility (1994) (including a covered
event facility, and other support facilities).
The City Council has the full discretion and authority under City Code Section 15-65.035 and
other applicable laws to determine whether the current uses and structures on the Property to be
Annexed should be annexed into the City with “legal nonconforming” status or, in the alternative
with “conforming” status.
The history of the Garrod Trust Property is as follows. In 1894, a 112-acre property was
purchased by Ralph and Mabel Creffield and Sophia and David Garrod, who emigrated from
England in 1893. Ralph and Sophia were brother and sister. Their partnership split and the 65
acres retained by David and Sophia Garrod was named Garrod Heights and is the core of the
family’s operations and heritage. The grandparents of Jan Garrod (the Trustee signing Garrod
Trust’s Application for Annexation) were R.V. Garrod and Emma Garrod, who, with their
children Louise, Vince and Dick added to the property over the years, ultimately creating a
holding of 240 acres. For many years the family grew apricots and prunes, but as those crops
declined economically, Garrod Farms Stables was started in 1964 under a Use Permit issued by
the County of Santa Clara. In 1980, the family sold and gifted the northern 120 acres to the
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Mid-Peninsula Open Space District. The first vineyards were planted in 1972, production of
family wine began in 1976, and a commercial winery was established in 1994 under an
amendment to the 1964 Use Permit from the County. Since then the family has operated Garrod
Farms Stables and Cooper-Garrod Winery as complementary operations, sharing facilities and
staff, and hosting numerous events in support of the community.
Among the goals of the Annexation and other proposed actions contemplated by the Garrod
Trust are the following:
• Allow a mix of agriculture and residential uses for a single property ownership, as well as
supporting and complementary uses;
• Establish jurisdiction in one public agency with land use authority (City of Saratoga) so
as to facilitate long-term planning, and any potential future implementation of
modifications to Winery/Equestrian Facility;
• Enable Garrod Trust’s combined agriculture and recreational operations to continue and
thrive;
• Preserve the family’s commitment to agriculture and open space in the Saratoga foothills;
• Encourage sustainable management of lands and resources; and
• Permit uses which support agriculture, recreation, and related supporting residential
purposes.
ECONOMIC AND OTHER BENEFITS AND RISKS OF ANNEXATION AND CITY
ABILITY TO CONTINUE TO PROVIDE UNDILUTED PUBLIC SERVICES
The general discussion of Annexation Risks and Benefits is contained in the Staff Report. A
more extensive list of possible benefits has been provided by the Garrod Trust and considers
benefits as they relate to: Financial, Land Use/Government, Economic Development, and
Community Programs/Identity/Character.
CURRENT USES AND STRUCTURES IN COUNTY - DISCUSSION OF LEGAL
CONFORMING STATUS
The City Code authorizes the City to establish the status of uses and structures existing on
property being annexed into the City (Section 15-65.035). Garrod Trust has requested that the
City establish conforming status for all of its existing uses and structures. There are many
factors potentially relevant to establishing such conforming status. The following section of the
Background Report analyzes these factors.
Legal establishment under County Use Permits
City Code Section 15-65.035 requires that in order to have legal conforming or legal
nonconforming status, the annexed use or structure must have been “lawfully existing on the
effective date of its annexation.” The Garrod Trust Property was issued a Use Permit by the
County of Santa Clara on April 23, 1964 for stables and riding academy, riding lessons, boarding
horses, breeding horses, training horses, shows and exhibitions, selling horses and equipment for
horses and riders and related food services. Note that among the current uses not listed in the
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1964 Use Permit are family and employee housing and sale of horse supplies (e.g., hay). There
were a substantial number of buildings located on the Garrod Trust Property prior to the issuance
of the 1964 Use Permit as to which the County appears to have found no violation (otherwise
such violation would normally have to have been cured prior to issuance of the 1964 Use
Permit).
In 1994, as part of a Staff Report recommending approval of a modification of the 1964 Use
Permit to add a winery use, the original 1964 Use Permit was described as authorizing a
“commercial horse boarding stable” for “commercial horse boarding and riding” including the
following:
• Two residences
• One administrative office
• One covered riding arena
• Three barns
• One Horse paddock
• Two water tanks
• One public restroom facility
• Pastures and vineyards of undetermined acreage.
That 1994 Staff Report acknowledged that the 1964 Use Permit does not have an expiration date, nor does
it limit the number of horses that may be boarded at the facility (and that the facility then accommodated
140 horses). Furthermore, it is clear that such Use Permit does not limit the number of students at the
riding academy, the number or size of shows or exhibitions, or the volume of sales of hay, equipment or
horses. Additionally the 1964 Use Permit required 50 parking spaces to be installed as a condition of
approval; hence at least that amount of parking should be deemed approved by the County.
On April 7, 1994 the County Planning Commission authorized, and on April 23, 1994, the
County issued, a Use Permit Modification for the 1964 Use Permit allowing the additional use of
the Garrod Trust Property as a “Commercial Winery per Section 14-4.3 of the Zoning
Ordinance,” including wine production, retail wine sales, and wine tasting (and specifying 12
off-street parking spaces for the tasting use). Production of wine includes storage, bottling and
distribution and related administrative offices and functions. The Staff Report for the April 23,
1994 Use Permit Modification specified that the following structure was also being authorized:
One wine tasting/retailing/production facility (including a covered event facility, winery/barrel
storage building, and other support facilities).
On April 15, 1998, the County Environmental Resources Agency Planning Office approved
replacement of an existing building with a new structure designed to house wine barrels.
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Conformity to City General Plan
General Plan Goals and Policies
The evaluation of the General Plan conformity of the uses and structures on the portion of the
Garrod Trust Property to be Annexed should be undertaken in the following legal context. The
General Plan Guidelines prepared by the Governor’s Office of Planning and Research provide
that an action, program or project is consistent with the General Plan if, considering all its
aspects, it will further the objectives and policies of the General Plan and not obstruct their
attainment. (See Guidelines at p.128 (1998).) The courts have indicated that although a precise
match between the action in question and General Plan policies is not required, the City must
rely on reasonable judgment in concluding that the action in question is consistent with the plan
as a whole.
Thus, in upholding a consistency determination notwithstanding an apparent inconsistency
between a project and three specific General Plan policies, in Sequoyah Hills Homeowners
Association v. City of Oakland, 23 Cal. App. 4th 704, 719-720 (1993), the Court of Appeal
explained that:
No project could completely satisfy every policy stated in the General Plan, and that state
law does not impose such a requirement. A General Plan must try to accommodate a
wide range of competing interests - - including those of developers, neighboring
homeowners, prospective homebuyers, environmentalists, current and prospective
business owners, job seekers, taxpayers, and providers and recipients of all types of city-
provided services -- and to present a clear and comprehensive set of principles to guide
development decisions. Once a General Plan is in place, it is the province of elected
officials to examine the specifics of a proposed project to determine whether it would be
in harmony with the policies stated in the plan. It is emphatically not the role of the
courts to micro manage these decisions. Our function is simply to decide whether the
city officials considered the applicable policies and the extent to which the proposed
project conforms with those policies, whether the city officials made appropriate findings
on this issue and whether those findings are supported by substantial evidence.
The adopted City General Plan contains the following Goals, Objectives and Policies
applicable to land (such as the Garrod Trust Property to be Annexed) with a General Plan Land
Use Designation of Hillside Open Space (OS-H) and which qualify as Open Space Resources
under the General Plan.
Land Use Element Background Report pp 13-14 and Table LU-1 (Land Use Categories).
The OS-H Designation allows uses which support and enhance a rural character, promote
the wise use of natural resources, and avoid natural hazards. Uses include (as relevant to
the Garrod Trust Property) agricultural, low intensity recreational facilities, land in its
natural state, wildlife refuges, and very low intensity residential development. Other
support uses related to the foregoing listed uses may also be permitted. Allowed
residential use is between 1 dwelling unit per 20 acres to 1 dwelling unit per 160 acres
based on a slope density formula subject to stringent criteria. The maximum allowable
site coverage is 25% or 15,000 square feet, whichever is less.
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Williamson Act Contracts and Agricultural Protection – Goal LU 7. Goal LU 7 of the
Land Use Element of the General Plan is to “Protect existing agricultural resources and
encourage their expansion.” Among the Policies and Implementation Measures for this
Goal which are relevant to the Garrod Trust Property to be Annexed are the following:
Policy LU 7.1: Encourage renewal and discourage cancellation of Williamson Act
contracts to preserve agricultural lands.
Policy LU 7.3: Encourage agricultural use of suitable land with protection for nearby
residences as appropriate.
Implementation Measure LU 7.b: Continue to utilize the design review process to ensure
appropriate buffers are provided when residential properties are adjacent to agriculturally
designated lands.
Open Space Element Background Report. The Open Space Element of the General Plan
identifies as existing “Open Space Resources” vineyards, pastures, agricultural lands,
areas of economic importance for the production of food or fiber, recreation areas, areas
required for the preservation of plants and animal life, and areas which serve to link
major recreation and open space areas, trails and scenic roadways. The Open Space
Element specifically identifies as existing open space resources agricultural sites which
are protected and restricted to agricultural or open space use only, as defined in the
specific Williamson Act contracts applicable to the subject properties. These lands add
not only to the perception of open space within the City, but also serve as a vital link
between the modern City and its agricultural past. The 51 acres of Garrod Trust Property
currently within the City limits constitutes nearly one-half of the 109 acres of land under
Williamson Act inside the City. (pp. 1-2)
The Open Space Element specifically recognizes the value of the “several hundred acres
of agricultural land under the Williamson Act contracts within the City’s Sphere of
Influence.” The approximately 68 acres of Garrod Trust Property which is the subject of
this Pre-Annexation Agreement are a significant portion of that contracted land within the
City’s Sphere of Influence. (p. 3)
The Open Space Element specifically states that “[i]n defining agricultural uses, as they
relate to Williamson Act lands, Government Code Section 51205 further states that where
the term ‘agricultural use’ is used, it shall also be deemed to include recreational and
open space use.” (p. 8)
The Open Space Element states that development of a comprehensive trail system has
been a priority of the community for many years. It describes Open Space Linkages
through trail systems as very important in order to enhance scenic value, provide public
access, maintain existing wildlife pathways and ensure the enjoyment of the open space
system. Specifically identified linkages served by the Garrod Trust Property to be
annexed include connection to of Saratoga to the Fremont Older Open Space and Upper
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Stevens Creek Park and the planned connection of Saratoga trails to the County trail
coming out of Stevens Creek County Park into the Mount Eden Valley. (pp. 7 and 18)
The Open Space/Resource Plan in the Open Space Element establishes the City’s
intentions to implement a course of action to ensure development of trails and protection
and preservation of open space resources. These include, as applicable to the Garrod
Trust Property to be Annexed, the following: preservation of agricultural resources,
development of land use regulations “to encourage on-going agricultural operations”
(Emphasis added)
The Open Space Element establishes the following specific Goals, Policies, and
Implementation Measures particularly relevant to the Garrod Trust Property to be
annexed:
• Policy OSC 3.3: Promote retention and dedication of land which provides
room for a variety of passive and active recreational pursuits and offers
important opportunities for the fulfillment of human and psychological needs,
including … 3. Accessible areas particularly suited for … recreation purposes
such as horseback riding …. and 4. Areas providing access to and links
between major recreation, cultural, and open space reservations….”
• Goal OSC 5: A city-wide system of hiking… and horseback riding trails shall
be provided within the community which includes regional trail linkages….
• Policy OSC 6.3: Future land uses within the western hillside or any Sphere of
Influence expansion area shall be reviewed by the City through the
development review process to ensure consistency both with existing patterns
of land use in the unincorporated hillside areas, and with the City’s desire to
maintain the area as predominantly open space and rural.
• Implementation Measure OSC 6.a: The City shall continue to use the design
review and subdivision entitlement process to ensure that all development
proposals are designed in a manner that meets goals and policies for
preservation of hillsides.
• Goal OSC 8: Encourage preservation of land uses for open space and
agriculture.
• Policy OSC 8.1: In evaluating future land uses, efforts shall be made to
maintain agricultural lands as a component of open space and to preserve the
rural and agricultural heritage of Saratoga. The City shall discourage the
cancellation of Williamson Act contracts.
• Implementation Measure OSC 8.a The City shall continue to apply the
Agricultural Preserve Open Space Overlay District (“AP/OS”) on lands that are
under Williamson Act Contracts and generally discourage the removal of this
classification. The AP/OS Overlay will be added to the 68 acres of Property to
be Annexed.
• Policy Action 8.3: Residential density bonuses are to be provided for
significant investment in agricultural improvements (e.g., vineyards, wood lots
or orchards) or open space dedications.
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• Implementation Measure OSC.8c. Allow additional dwellings on family farm
operations when such additional dwellings will permit continuance of inter-
generational agricultural uses consistent with Williamson Act provisions. This
will not constitute a residential subdivision of the land under the Williamson
Act.
Prior City Determination Harmonizing Land Use Density, Open Space and Housing
Elements of City General Plan. The City has previously made a determination related to
the Property to be Annexed as to how it would harmonize its Land Use Density, Open
Space and Housing Elements. On March 13, 2002, the City Planning Commission
determined that the application of the Garrod Trust to the County for three proposed
homes to be built on the Property to be Annexed was consistent with the City of Saratoga
General Plan and the Hillside Specific Plan (subject to specified conditions), based on the
following findings:
WHEREAS, the Hillside Specific Plan applicable to the project site provides that
development on unincorporated lands should proceed “with a preferred density of
20-160 acres/unit depending on slope;”
WHEREAS, the Open Space Element of the City General Plan includes the
following as incentives to be offered to promote continued agricultural uses in the
City’s hillsides:
Residential density bonuses for significant investment in agricultural
improvement (e.g., vineyards, wood lots or orchards) or open space dedications.
Allowing additional dwellings on family farm operations when such additional
dwellings will permit continuance of inter-generational agricultural uses
consistent with Williamson Act provisions. This will not constitute a residential
subdivision of the land under the Williamson Act.
WHEREAS, the Planning Commission has considered the staff reports, written
materials prepared by the applicant, and all public testimony presented to the
Commission and based thereon determines:
1. The property upon which the project is located is part of a 120-acre
landholding of the Garrod Trust that is subject to Williamson Act contract
between the Trust and Santa Clara County that is not the subject of
cancellation proceedings and as to which no notice of non-renewal has been
filed; and
2. The property has been used for agricultural purposes by the Garrod family
since 1892 and is currently being used for operation of vineyards, an
associated winery, an equestrian center and open space; and
3. Two of the homes to be constructed will be used by members of the Garrod
family employed by the agricultural and open space uses operating on the
Garrod Trust holdings and the third home will be used by family members or
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by employees needed to permit continued agricultural and open space uses on
the parcel; and
4. On-site housing is essential to maintaining the land’s agricultural viability in
this instance due to the nature of agricultural operations and the disparity
between prevailing agricultural wages and housing costs in the region; and
5. The project will be designed and landscaped in a manner that avoids
interference with agricultural operations; and
6. The Garrod Trust has previously dedicated one half of its total landholdings
(120 of 240 acres) to the MidPeninsula Open Space District; and
7. As part of the proposed project the Garrod Trust has proposed to dedicate a
trail easement over a portion of its property in furtherance of the goals of the
Saratoga Parks and Trails Master Plan;
8. [No longer applicable]
WHEREAS, based on the foregoing and the evidence presented the Planning
Commission has determined that the applicant has met the burden of proof required to
support said application and that the proposed development is consistent with the
General Plan and Hillside Specific Plan as a whole in that the proposed project will
contribute to the agricultural use of the land by providing housing for the agricultural
operations on site and will preserve open space by dedicating a trail for public
equestrian and pedestrian use. (emphasis added)
In light of the foregoing evidence and analysis, the City Council could exercise its
reasonable discretion so as to conclude that the Winery/Equestrian Facility on the 68 acres
of Property to be Annexed is consistent with the City General Plan as a whole.
Conformity to City Zoning Regulations
Once the General Plan provisions are properly interpreted, analyzed, and applied,
Government Code Section 65860 requires, in turn, that the City Zoning Ordinance be interpreted,
analyzed and applied to the Property to be Annexed in a manner consistent with the City General
Plan. Hence, to the maximum extent reasonable, the City Zoning Regulations set forth in
Chapter 15 are required to be applied in a manner consistent with the City General Plan as
described above.
City Zoning Regulation Authorizing All Uses in County Williamson Act Contract
One of the most important provisions in the General Plan in relation to the Zoning
Regulations is Implementation Measure OSC 8.a which requires the City to continue to apply the
Agricultural Preserve Open Space (“AP/OS”) Overlay District (“AP/OS”) on lands that are under
Williamson Act contracts. The AP/OS District provides at City Code Section 15-15.040
governing “Permitted Uses” that “[e]ach parcel or area of land within the AP/OS overlay district
shall be used only for the purposes expressly permitted under the terms of the Williamson
Act contract applicable to such land.” (Emphasis added)
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Effective December 24, 2001, as to the Property to be Annexed, Garrod Trust entered into a
Land Conservation Contract with the County of Santa Clara under the Williamson Act
(California Government Code Section 51200 et seq.). Pursuant to Government Code Section
51243, if the Garrod Trust Property is annexed to the City of Saratoga, on and after the effective
date of the annexation by the City of any land under contract with the County, the City shall
succeed to all rights, duties, and powers of the County under the contract. Once the AP/OS
Zoning is added as required by the City General Plan, then under the terms of the applicable
Williamson Act contract, the Property to be Annexed may be used for the production of
agricultural commodities for commercial purposes, open space and uses compatible thereto as
listed in Exhibit A of the December 24, 2001 Williamson Act contract.
The compatible uses listed in Exhibit A which are most relevant to the Property to be
Annexed are as follows
(1) Residential uses incidental to the agricultural use of the land, including:
a. Single-family homes for the property owner or lessee, which
includes stockholders in family corporations, beneficiaries of family
trusts and estates, owners of undivided partial interests in the fee, and
joint tenants.
b. Dwellings for persons employed in the agricultural use of land or
structures used to provide educational experiences or day-care
facilities for their children, provided the use is nonprofit and not open
to the general public.
****
(2) Accessory structures necessary and incidental to the agricultural use of
the land, including:
a. Facilities for the drying, packing or other processing of an
agricultural commodity usually performed on the premises where
it is produced, but not including slaughterhouses, fertilizer yards,
bone yards, or plants for the reduction of animal or vegetable matter.
b. Stands or shelters for the sale of agricultural commodities
produced on the land.
c. Farmer's markets, including an agricultural stand where agricultural
commodities grown, raised or produced off the premises are offered
for sale to the general public by the operator of the stand.
d. Limited sales of agricultural supplies, including hay, seed,
veterinary supplies and horse tack. The sale of farm equipment or
horse trailers is specifically excluded.
****.
f. Storage and maintenance facilities for trucks used exclusively for
hauling agricultural produce, which must include produce grown
on the property, as long as the remainder of the property can
sustain an agricultural use.
****
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(3) The maintenance of land in its natural state for the purpose of preserving open space
for recreation or plant or animal preserves, or the holding of nonproducing land for
future agricultural use or future mineral extraction.
(4) Recreational uses:
****
c. Public or private riding or hiking trails.
d. Riding academies, stables, and boarding of horses or other
livestock.
e. Large animal clinics primarily for horses or other livestock,
including associated stables and pasture. (Small animal hospitals
and kennels are excluded.)
****
(6) Educational, cultural, and religious facilities.
a. Churches, including accessory structures, as long as such use does not
substantially interfere with the primary agricultural use of the land
within the preserve.
b. Educational and cultural uses not located on prime agricultural
soils which do not require major road improvements, and where
traffic to and from the subject use location does not hinder or
impair the agricultural operations in the surrounding area. At
least three-quarters of the parcel must remain in agricultural or open
space uses, and the maximum coverage of the site where the
educational and cultural uses are to occur is limited to 20 acres.
c. Seasonal and occasional social receptions at existing facilities and
immediate surrounding grounds, which do not displace or
interfere with agricultural and open space use of the parcel or any
adjacent parcel.
The critical question then becomes whether listing a use as a “compatible use” in a Williamson
Act contract authorizes that use even though it might not be otherwise be expressly allowed in
underlying Zoning District. City Resolution No. 550 establishing the AP/OS Zoning District
appears to “authorize” the listed uses when it says: “That the hereinabove listed compatible uses
will be the only uses permitted within said agricultural preserve….” (emphasis added)
Once the 68-acre portion of the Garrod Trust Property currently in the County is annexed
into the City, City Code Section 15-15.040 would apply because the City General Plan requires
the City to apply its AP/OS overlay to the Property because it is subject to a Williamson Act
contract. Section 15-15.040 provides as follows:
“Permitted uses.
Each parcel or area of land within the AP/OS overlay district shall be used only for the
purposes expressly permitted under the terms of the Williamson Act contract applicable to
such land.”
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Normally, describing a use as a “permitted use” would “authorize” it in the Zoning District. The
City Council certainly has the right to interpret Section 15-15.040 as authorizing the uses listed
in the Williamson Act contract. The uses listed as compatible uses in the Williamson Act
contract with the County are quite specific and clearly cover most (if not all) the uses currently
being made on the 68-acre Garrod Trust Property being Annexed. Upon annexation, the City
succeeds to all rights, powers and duties of the County’s Williamson Act contract.
Uses Generally Authorized Under R-OS Zoning
After consideration of the foregoing information, the City Council may then examine the
currently existing uses on the Property to be Annexed to determine whether they would be “in
harmony” with the applicable Zoning Regulations. As a result of the foregoing determinations of
conformity of the existing uses on the Property to be Annexed with the City General Plan and the
fact that the Zoning Regulations are to be applied in a manner consistent such General Plan, it is
clear that those existing uses are generally consistent with the applicable R-OS Zoning. The uses
allowed in R-OS Zoning include a commercial stable, a winery with conference facilities (up to
50 guests and not overnight), agricultural uses, picnic and camp sites, single family dwellings
(one per lot + one second unit per lot), and accessory structures incidental to all of the foregoing.
BASIS FOR DEEMING CURRENT USES AND STRUCTURES IN COUNTY TO BE
LEGAL AND CONFORMING UPON ANNEXATION TO CITY
City Code Section 15-65.035 authorizes the City to establish current uses and structures in
the unincorporated area of the County of Santa Clara as having the status of legal and
conforming upon annexation of the property on which they are located into the City. Section 15-
65.035 provides as follows:
15-65.035 Continuation after annexations; Regulations applicable to
nonconforming uses or structures on property annexed to the City.
(a) A structure lawfully existing on the effective date of its annexation into the City but
which is in nonconformance at that time to any applicable City development
standard shall be considered a legal nonconforming structure, unless (as hereby
authorized) the City, at the time of annexation establishes a different status (in whole
or in part) for that structure as a condition of such annexation.
(b) A use lawfully existing on the effective date of its annexation into the City but which
is in nonconformance at that time to any applicable City use regulation shall be
considered a legal nonconforming use, unless (as hereby authorized) the City, at the
time of annexation establishes a different status (in whole or in part) for that use as a
condition of such annexation.
As explained above, the most (if not all) of the currently existing uses and structures on the
portion of the Garrod Trust Property located in the County and which will be annexed into the
City appear to have been legally established under County Use Permits or before County permits
were required. In any event, as also explained above, most (if not all) currently existing uses and
structures in question do, in fact, conform to City regulations. Hence, the City may determine
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that conformity to the City General Plan and Zoning Regulations exists and may establish
conforming status upon annexation as to all current uses and structures on the Garrod Trust
Property being Annexed.
CURRENT USES AND STRUCTURES IN CITY - DISCUSSION OF LEGAL
CONFORMING STATUS
The Garrod Trust proposes to continue to operate that part of its Facility on the 51-acre
portion of the Garrod Trust Property which is currently located in the City of Saratoga. The
portion of the Winery/Equestrian Facility located on that 51-acre parcel (APN 503-12-990)
includes the following currently existing uses and structures:
(1) uses for stables and riding academy/day camp/vaulting program, riding
lessons, boarding horses, , training horses, and equipment and supplies for
horses and riders, picnicking, vineyards, winery administrative office,
parking, family and employee housing (1 single family dwelling, 0
cottages/second units and 3 trailers/modular units for employees), outdoor
storage, and supporting food service and other uses; and
(2) structures (all pre-dating1964 unless otherwise specified) which include:
• Three trailers/cottages/modular units (housing for employees) (Dick
Garrod 1975)
• One administrative office for the winery
• One special purpose barn (hay)
• Miscellaneous covered horse paddocks (1965-1975)
• Riding academy/day camp buildings (2) (1965)/summer kitchen
• One Metal Shop (1980)
• Pastures and vineyards of undetermined acreage.
The City has no records of any permits authorizing these uses or structures. However, the
County’s 1994 Staff Report for the Use Permit Modification adding the Winery to the existing
Commercial Stables use states as follows:
“This use permit would only cover the portion of applicant’s property that is unincorporated.
According to the city, a use permit for the portion of the facility within its jurisdiction
would only require a use permit if a modification or expansion were proposed.”
No modification or expansion of “the portion of the facility” within the City jurisdiction appears
to have been proposed in 1994. Hence, it appears that the uses and structures on the 51-acre
portion of the Garrod Trust Property which has been in the City since the City was incorporated
have been treated by the City as lawful and conforming.
In any event, the Zoning for the 51-acre Property already in the City is Agricultural
Preserve/Open Space Overlay (“AP/OS”). As a result, under Section 15-15.040, the permitted
uses (those which do not require a use permit) are those “expressly permitted under the terms of
the Williamson Act contract applicable to such land.”
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The terms of the November 2, 1970 Williamson Act contract applicable to the 51-acre
portion of the Garrod Trust Property already in the City expressly permit the following uses
without a use permit:
• Production of agricultural commodities for commercial purposes.
• The drying, packing or other processing of an agricultural commodity usually
performed on the premises where it is produced.
• Structures necessary and incidental to the agricultural use of the land.
• The holding of nonproducing land for future agricultural use.
• The maintenance of land in its natural state for the purpose of preserving open
space for recreation or plant or animal preserves.
• Single family dwellings incidental to the agricultural use of the land for the
residence of the owner, and the family of the owner. Owner shall be construed to
include: (b) beneficiaries of family trusts.
• The construction and maintenance of a stand or shelter for the sale of agricultural
commodities produced on the land.
• The erection, construction, alteration or maintenance of gas, electric, water of
communication utility facilities, in compliance with the City’s underground utility
ordinance No. NS-3.20.
• Public or private fishing.
• Public or private riding or hiking trails.
• Riding academy, stables and the boarding of horses or other livestock but not
including an animal hospital or kennel.
The above uses expressly permitted on the 51-acre Garrod Trust Property already in the City
appear to cover all of the uses and structures located on that property. The only possible
question would be the following:
Does an “agricultural use of the land” include a riding academy, stables and the boarding of
horses so that a hay barn, a metal shop and trailers, cottages or modular units for nonfamily
employees could be considered “[s]tructures necessary and incidental to the agricultural use
of the land” rather than a recreational use of the land?
The City Council could reasonably interpret the language of the Williamson Act contract to
answer that question in the affirmative. This would enable a finding of legality and conformity
as to all existing uses and structures on the Property already in the City. As set forth below, the
City Council’s interpretation could be documented in a Development Agreement and in a Use
Permit.
In any event, even if the City Council determines that certain existing uses or structures
should not be deemed “conforming” upon annexation into the City, City Code Section 15-20.040
generally allows any use lawfully established prior to November 1, 1991 to be continued as a
legal nonconforming use. Section 15-20.040 is a part of the City Zoning Regulations governing
R-OS (Residential - Open Space Zoning), the Prezoning the City has placed on the Property to
be Annexed, and provides that:
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“Existing uses which were lawfully established prior to November 1, 1991 and meet the
health regulations set forth in Section 7-20.220 of the City Code may be continued in
conformity with the provisions stated in Article 15-65 of the City Code.
Furthermore Section 15-65.035 quoted above gives the City Council even more flexibility to
treat existing uses and/or structures as “legal conforming” or “legal nonconforming” uses or
structures.
PROPOSED PRE-ANNEXATION AGREEMENT GOVERNING PROPERTY TO BE
ANNEXED TO CITY
Pre-Annexation Agreements have previously been used by the City to establish the terms
under which particular property will be annexed. Here, a Pre-Annexation Agreement is
recommended for that purpose and specifically for the City Council to determine whether
currently existing uses and structures on the Property to be Annexed will be deemed to have
legal, conforming status once annexed to the City pursuant to City Code Section 15-65.035.
PROPOSED DEVELOPMENT AGREEMENT GOVERNING PROPERTY ALREADY
INSIDE CITY
Development Agreements are authorized by Government Code Section 65864 et seq. and
have previously been used by the City to establish the terms under which particular property will
be used. Pursuant to Government Code Section 65865.2, a development agreement shall specify
(among other things) the permitted uses of the property and the density or intensity of use. Here,
a Development Agreement is recommended for the primary purpose of establishing whether
currently existing uses and structures on the 51-acre Garrod Trust Property already in the City
will be deemed to have legal, conforming status.
Pursuant to Government Code Section 65867, a public hearing on a development agreement
shall be held by the Planning Commission and by the City Council. Notice of intention to
consider adoption of a development agreement shall be given as provided in Sections 65090 and
65091 in addition to any other notice required by law for other actions to be considered
concurrently with the development agreement. Approval of a development agreement by the
City Council is a legislative act requiring adoption of an ordinance and must be consistent with
the City General Plan and the Hillside Specific Plan.
ZONING AMENDMENT TO ADD AGRICULTURAL PRESERVE/OPEN SPACE
(AP/OS) OVERLAY ZONING TO PROPERTY ANNEXED TO CITY
The City General Plan requires any property subject to a Williamson Act contract to be
placed under the AP/OS overlay zoning. Hence a Zoning Amendment will be prepared and will
be referred to the Planning Commission for recommendation and return to the City Council for
final action concurrent with any final Annexation of the Garrod Trust Property which is the
subject of the attached Resolution Initiating Annexation.
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COMBINED POST-ANNEXATION WILLIAMSON ACT CONTRACT – RESCISSIION
AND SIMULTANEOUS ENTRY INTO NEW CONTRACT
Upon Annexation, both existing Williamson Act Contracts will be within the jurisdiction of
the City. For ease and consistency of administration by the City and in order to facilitate long-
term planning, and any potential future implementation of modifications to Winery/Equestrian
Facility, the Williamson Act Contracts could be rescinded for the purpose of simultaneously
entering into one Williamson Act Contract covering the entire 120+ acres within the City and
including a Compatible Uses List specifying as compatible all of the currently existing uses. See
Government Code Section 51254.
USE PERMIT
The Use Permit to be issued by the City as part of this Annexation Process would be intended
to provide additional validation of the currently existing uses and structures and to establish
parameters regarding the number of horses that may be boarded at the facility the number of
students at the riding academy, the number and size of shows or exhibitions, the volume of sales
of hay, equipment or horses, the number of required parking spaces, the number and size of
weddings, receptions, conferences and other events, and other similar types of parameters.
ENVIRONMENTAL REVIEW
CEQA Compliance is addressed in the Staff Report.
CONCLUSION
With the 2002 City General Plan interpretation and the above-described land use regulations
and principles in mind, the City Council has the legal authority to determine whether to grant
“conforming status” as requested by Garrod Trust. If the City Council approves initiating the
annexation proceedings as requested by Garrod Trust, the existing uses and structures on the
Property to be Annexed and the Property already in the City will be analyzed as to being
lawfully established and for conformity as a whole with the City General Plan and Zoning
Regulations.
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County of
Santa Clara
City of
Saratoga
Urban Service Area
City Limits
SARATOGA URBAN SERVICE
AREA AMENDMENT 2011
Existing Conditions
Garrod Properties
387
City of
Saratoga
SARATOGA URBAN SERVICE
AREA AMENDMENT 2011
Proposed Amendments
Urban Service Area
City Limits
Garrod Properties
388
SARATOGA CITY COUNCIL
MEETING DATE: December 21, 2011 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick, AICP DIRECTOR: James Lindsay
SUBJECT: CDBG Program Update
RECOMMENDED ACTION:
Review and accept Staff’s application for CDBG ADA Improvement funds.
REPORT SUMMARY:
CDBG Program Changes: Over the past two years, staff has advised the City Council that administration of the Community Development Block Grant (CDBG) program would be changing. These changes have taken effect for fiscal year 2012 and beyond. The County of Santa
Clara has consolidated the Urban County1
CDBG grant process into a single online application
funding and administration process. In the past, the City of Saratoga held public hearings to
recommend which projects should get funded. However, under the new process, both Cities and public services providers must now apply directly to the County for funds.
Funding Priorities: The County Housing and Community Development Advisory Committee
(HCDAC)2
has given preference to projects that provide affordable housing for households
whose income is 30% or less of the County median, groups with special housing needs, and the homeless. This year, the County has gone a step further in conveying this priority by explicitly listing types of ineligible programs including food services, child care, and adult care.
Furthermore, the County is getting more specific on the types of Capital Activities that would be
eligible for CDBG funding. Projects must be eligible under the Federal Housing and Urban Development (HUD) CDBG program, and may include infrastructure and neighborhood facilities in low- income census tracts, sidewalk improvements in primarily low income census
tracts, street lighting, curb cuts, and ADA improvement projects.
1 The Cities of Saratoga, Campbell, Los Altos, Los Gatos, Morgan Hill, and the Unincorporated Area of Santa Clara
County have entered into a Joint Exercise of Powers Agreement (JPA) in order to be eligible for CDBG funds. 2 HCDAC consists of one member of the County Board of Supervisors, one City Council member from each
participating jurisdiction, and one citizen representing each participating jurisdiction and each Supervisorial District.
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Eligible Project: Staff in the Community Development Department, Finance Department, Public
Works Department, and Facilities Department held meetings to determine the most eligible
capital improvement project given these strict guidelines. On December 5, 2011, the Facilities
Department applied for $74,000 in CDBG capital funds for ADA improvements at City Hall, Civic Center, Senior Center, Library, and Prospect Community Center. These improvements
include installing ADA compliant automatic doors, and ADA compliant ramps and handrails for
accessible paths of travel.
Next Steps: The County will review the application in the spring and then forward their recommendations to HUD for final approval.
FISCAL IMPACT:
If approved by HUD, the City would receive $74,000 in CDBG funds under the Public Benefit Capital Activities Category, administered by Santa Clara County for FY 2012/13.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENT:
1. CDBG Application
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SANTA CLARA COUNTY
Community Development Block Grant Program Application FY2012/14
I. FUNDING SOURCE (amount is auto-populated from budget in Section VI)
Amount: $74,000
II. APPLICANT INFORMATION
Agency:City of Saratoga Project Name:Automatic Doors and Path of Travel
Executive Director:Michael Taylor Project Street:13777 Fruitvale Avenue
Phone:408-868-1250 City, State, Zip:Saratoga, CA 95070
Email:mtaylor@saratoga.ca.us Project Contact:Thomas Scott
Street:13777 Fruitvale Avenue Title:Facilities Supervisor
City, State, Zip:Saratoga, CA 95070 Phone:408-868-1277
Tax ID#:Email:tscott@saratoga.ca.us
DUNS #:04252011 Faith Based:No
III. PROGRAM LOCATION and SERVICES AREA
PROGRAM LOCATIONPROGRAM SERVICES AREA
Unincorporated Areas Unincorporated Areas
City of Campbell City of Campbell
City of Los Altos City of Los Altos
City of Los Altos Hills City of Los Altos Hills
Town of Los Gatos Town of Los Gatos
City of Monte Serrano City of Monte Serrano
City of Morgan Hill City of Morgan Hill
City of Saratoga City of Saratoga
IV. PROGRAM DESCRIPTION and GOALS
Description:
Install ADA compliant automatic doors at the Senior Center, Council Chambers, Community Center, and the
Prospect Community Center
Install ADA compliant ramp, handrail, etc. for paths of travel from public transportation at City Hall, Library, and the
Civic Center
Goals: Improve ADA accessibility to public facilities in Saratoga
V. CDBG/HOME ELIGIBLE ACTIVITIES
Category: Capital Improvements
Performance Indicator: Public Facilities
National Objective: Choose
VI. PERFORMANCE MEASUREMENTS
OBJECTIVES:Suitable Living Environment
PERFORMANCE
INDICATOR:People
Proposed Clients to be served or
Number of Units per quarter
Quarter 1Quarter 2Quarter 3Quarter 4 Total for
Year
0
INCOME CATEGORIES (Clients or Units)
Extremely Low Income (0%-30% AMI)
Low Income (31%-50% AMI)
Moderate (51%-80% AMI)
Non-Low/Mod
(81%+ AMI)
Total All Incomes 0
Outcomes: Enhance suitable living environment through new/improved accessibility
VII. CDBG / HOME BUDGET
Category Budget
SALARIES:(Enter names of Staff below)
Taxes/Benefits
PROGRAM EXPENSES:
Accounting Services
Auditing Fees
Insurance
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Davis-Bacon Compliance $9,000
Rent
Office Supplies
Equipment/Maintenance
PROJECT CONSTRUCTION:
Appraisal
Engineering
Architectural/Design $10,000
Acquisition of Land or Facility
Construction Costs $55,000
Rehab Costs
ADDITIONAL EXPENSES
TOTAL:$74,000
VIII. PROJECT LEVERAGING
List below your funding sources for 2012/13:
FY2012/13 Type of
Contribution Source *ValueStatus
Santa Clara County $74,000
TOTAL PROJECT COSTS:$74,000
* Include all potential or anticipated funding sources, other local, State, or Federal Grants, RDA, conventional bank
loans, tax credits, etc.
IX. PROJECT MANAGEMENT
(Describe how the project will be managed and administered, including proposed staff time and staff functions)
Project will be managed by City Facilities Supervisor, Thomas Scott. Oversight will be contracted to Davis/Bacon,
and construction will be contracted to Pro Door and Glass and a preferred paving company for the new walkway
and handrail.
X. AGENCY DESCRIPTION AND PREVIOUS CDBG or HOME ACCOMPLISHMENTS:
Please give a brief general description of your agency and the services provided. Also provide a brief description of
your agency’s experience in providing the proposed services.
(Describe how the project will be managed and administered, including proposed staff time and staff functions)
The City of Saratoga has extensive experience in facility improvement projects and a history of successful CDBG
projects including ADA ramps at the City Museum and Hakone Gardens.
XI. AUDIT INFORMATION:
Please provide the date of the most recent audit of your organization. Describe any findings or concerns which may
have been cited in the audit or in any accompanying management letter particularly any pertaining to the use of
CDBG funds. Also, describe any action taken to correct identified findings or concerns.
10/28/2011
XII. TIMELINESS
What is the status of CDBG/HOME grant allocations for the following years?
YEAREXPENDITURESREMAINING
CDBG Allocations:
2011 $291,071 $47,209
2010 $133,432 $196,512
HOME Allocations:
2011
2010
Attachments
Check each line item that you will attach. Attachments must be uploaded(?).
You must submit the following documents in support of your application:
Latest Audit
FY_2010-11_CAFR.pdf
Dashboard Spreadsheet
dashboard.xls
Other:
Other
Other
Program Manager Signaturecynthia mccormick
Date Signed12/02/2011
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