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SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2011 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone
Senior Engineer Public Works
SUBJECT: Subdivision Improvement Agreement Amendment
RECOMMENDED ACTION:
1. Approve Amendment to the Subdivision Improvement Agreement between Warren A. Sturla and
the City of Saratoga.
2. Authorize the City Manager to execute the Subdivision Improvement Agreement Amendment.
REPORT SUMMARY:
In May 2005, the City Council approved a two-lot subdivision located at Saratoga Creek Drive (SD-99-006) and authorized the City Manager to execute a Subdivision Improvement Agreement (Agreement). Per Paragraph 4 of the Agreement, all improvements were required to be completed within two years
from the subdivision approval or within three extensions up to 180 days each granted by the Director of
Public Works. Any further extensions require the City Council to amend the Agreement.
All three time extensions were granted and additional three-year time extension was approved by the City
Council in 2008 extending the Agreement until November 4, 2011.
Warren A. Sturla, the owner, is requesting another three-year extension and release from the obligation to
post the subdivision securities until such time as he or his successor or assigns begin the development.
His formal request is attached. Mr. Sturla supports his request by citing a lengthy economy downturn
period that has burdened the development.
The attached Subdivision Improvement Agreement Amendment, if approved, grants a time extension not
to exceed an additional three (3) years to complete the development improvements. The Amendment
provides that the improvements must be completed within three (3) years from the date of the amendment
or, if the property is sold, within two (2) years from the date of sale, whichever is sooner.
The developer will also be required to furnish to the City the subdivision securities prior to issuance of
any permit to do work on the property.
It is therefore recommended the City Council approve the amendment to the Subdivision Improvement
Agreement granting the extension for the requested amount of time and temporary release from the subdivision securities.
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FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Subdivision Improvement Agreement Amendment will not be executed.
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
The Subdivision Improvement Agreement Amendment will be executed and recorded with the County.
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. Extension Request Letter 2. Subdivision Improvement Agreement Amendment 3. Subdivision Improvement Agreement 4. 2008 Subdivision Improvement Agreement Amendment